HomeMy WebLinkAboutCouncil Actions 11-15-21 SANCHEZ-JONES
42197-111521
ROANOKE CITY COUNCIL
REGULAR SESSION
NOVEMBER 15, 2021
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
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.
The Invocation was delivered by Mayor Sherman P. Lea, Sr.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Lea.
Welcome. Mayor Lea.
NOTICE:
Council meetings will be televised live and replayed on RVTV Channel 3 on
Thursdays at 7:00 p.m., and Saturdays from 10:00 a.m. to 5:00 p.m.; and video
streamed through Facebook Live at facebook.com/RoanokeVa. Council meetings
are offered with closed captioning for the hearing impaired.
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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 Civic Center Commission —one vacancy
Roanoke Neighborhood Advocates—two vacancies
Roanoke Valley Regional Cable Television Committee —one vacancy
Towing Advisory Board —one vacancy(Citizen at-large)
Youth Athletics Review Board —three vacancies
Access the City's homepage to complete an online application for the
abovementioned vacancies.
LEGISLATIVE COMMITTEE MEETING SCHEDULED FOR 3:30 P.M., IN THE
COUNCIL CHAMBER.
2. PRESENTATIONS AND ACKNOWLEDGEMENTS:
Recognition of awards presented to the Department of Parks and Recreation.
Michael Clark, Director, Parks and Recreation and staff recognized three
awards received at the recent Virginia Recreation and Park Society Annual
Conference.
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.
N.J. Kilby, P.O. Box 222, Roanoke, Virginia, appeared before the Council to
express concern with regard to the health and safety of persons camping
and setting up semi-permanent dwellings near homes; and asked the
Council for a solution.
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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 Thursday,
October 7, 2021.
RECOMMENDED ACTION: Dispensed with the reading of the minutes
and approved as recorded.
C-2 A communication from Mayor Sherman P. Lea, Sr., requesting that
Council convene in a Closed Meeting to discuss the 2021 Citizen of the Year
Award, pursuant to Section 2.2-3711 (A)(10), Code of Virginia (1950), as
amended.
RECOMMENDED ACTION: Concurred in the request.
C-3 A communication from the City Attorney requesting that Council schedule
a public hearing to be held on Monday, December 6, 2021, at 2:00 p.m., or as
soon thereafter as the matter may be heard, or such later date and time as the
City Manager shall determine, in his discretion, to amend the Roanoke City
Charter of 1952 with regard to the Clerk of Circuit Court and amend the budget in
connection therewith.
RECOMMENDED ACTION: Concurred in the request.
C-4 A communication from the City Attorney requesting that Council schedule
a public hearing to be held on Monday, December 6, 2021, at 2:00 p.m., or as
soon thereafter as the matter may be heard, or such later date and time as the
City Manager shall determine, in his discretion, to amend the Roanoke City
Charter of 1952 with regard to the change in the election date for City Council.
RECOMMENDED ACTION: Concurred in the request.
C-5 Reports of qualification of the following individuals:
The Honorable Scott R. Geddes as the General District Court
representative of the Court Community Corrections Program
Regional Community Criminal Justice Board for a three-year term
of office commencing July 1, 2020 and ending June 30, 2023;
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Douglas Coffman (Builder) and Jeffrey Shawver (Property
Management) as members of the Building and Fire Code Board of
Appeals for three-year terms of office commencing July 1, 2021
and ending June 30, 2024 and commencing July 1, 2020 and
ending June 30, 2023, respectively;
Andrew Anguiano as a Commissioner of the Roanoke
Redevelopment and Housing Authority for a four-year term of
office, commencing September 1, 2020 and ending August 31,
2024;
Robert Fralin as a City representative of the Roanoke Regional
Airport Commission for term of office commencing July 1, 2020 and
ending March 9, 2024;
David S. Jeavons as a member of the Board of Trustees, City of
Roanoke Pension Plan, for a term of office ending June 30, 2022;
Marc Nelson as a City representative of the Western Virginia's
Regional Industrial Facility Authority for a term of office ending
February 3, 2024;
Scott Terry-Cabbler and Sarah Glenn as members of the City
Planning Commission for four-year terms of office, each,
commencing January 1, 2021 and ending December 31, 2024;
Court G. Rosen as a Citizen at Large representative of the Hotel
Roanoke Conference Center Commission for a four-year term of
office, commencing April 13, 2020 and ending April 12, 2024;
William Hackworth to fill the unexpired term of office of Stephen
Ambruzs as a City representative of the Roanoke Valley Greenway
Commission ending June 30, 2022;
Michael McEvoy as a Citizen at Large representative of the
Roanoke Valley Broadband Authority for a four-year term of office,
commencing December 13, 2021 and ending December 12, 2025;
Amanda Marko and Ahondryea Brooks as members of the Mill
Mountain Advisory Board for terms of office, each, ending June 30,
2023;
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Andrew Pulley as a Law Enforcement representative of the Towing
Advisory Board for a three-year term of office ending October 31,
2024;
Elda Stanco Downey as a City representative of the Visit Virginia's
Blue Ridge, Board of Directors for a term of office ending June 30,
2022; and
011ie Howie as Director of the Economic Development Authority of
the City of Roanoke for a four-year term of office, commencing
October 21, 2021 and ending October 20, 2025.
RECOMMENDED ACTION: Received and filed.
REGULAR AGENDA:
5. PUBLIC HEARINGS: NONE.
6. PETITIONS AND COMMUNICATIONS: NONE.
7. REPORTS OF CITY OFFICERS AND COMMENTS OF THE
CITY MANAGER:
a. CITY MANAGER:
BRIEFING:
• Proposed Ordinance to enhance sidewalk - 20 minutes
safety and access in the Downtown District
Received and filed.
ITEMS RECOMMENDED FOR ACTION:
1. Acceptance of a donation of the Kids in Parks TRACK Trail kiosk
sign from the Blue Ridge Parkway Foundation.
Adopted Resolution No. 42197-111521 and Budget Ordinance
No. 42198-111521. (7-0)
2. Adoption of a resolution naming the basketball court at Booker T.
Washington Park in honor of the late Ricky Renell Wright.
Adopted Resolution No. 42199-111521. (7-0)
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3. Approval of a Memorandum of Understanding and appropriation of
funds in connection with the American Rescue Plan Act SLFRF
Municipal Utility Relief Program to be used by the Western Virginia
Water Authority to provide relief to eligible municipal utility
customers.
Adopted Resolution No. 42200-111521 and Budget Ordinance
No. 42201-111521. (7-0)
COMMENTS OF THE CITY MANAGER.
The City Manager offered the following comments:
Reminded citizens that City offices would be closed on Thursday and Friday.
November 25 and 26 for Thanksgiving holidays. We hope our residents will
have a wonderful holiday celebration with family and friends.
Solid Waste Collection Changes
Due to the Thanksgiving holidays, the collection schedule will be revised as
follows:
• Monday, November 22 — Monday and Tuesday trash, "A" week recycling, bulk
and brush
• Tuesday, November 23 —Wednesday trash "A" week recycling, bulk and brush
• Wednesday November 24—Thursday trash "A" week recycling, bulk and brush
• For questions about holiday collection, visit roanokeva.gov/holiday or call 853-
2000, Option 1.
Annual Christmas Tree-Lighting Ceremony
• Friday, December 3, in Wells Fargo Plaza.
• The ceremony begins at 5:30 p.m., with the tree lighting at 6:20 p.m., and will
include live stage performances.
• The Christmas Tree Lighting is the kickoff event for Downtown Roanoke Inc.'s
Dickens of a Christmas series.
• This year is the 39th year of this community favorite event.
• Other events for Dickens of a Christmas will include the City of Roanoke
Christmas Parade on December 10 and the Pet Costume Contest on
December 17.
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Elmwood on Ice
While you are downtown, stop by Elmwood Park and enjoy some ice-skating.
• Elmwood on Ice opens for the season on November 24.
• The rink has space to accommodate up to 100 skaters.
• $6 skate admission, $2 for skate rentals
• This year they have added a putt-putt course— $3 admission fee.
• For $10 you get access to everything. Season passes will be available for$75.
• Information about Dickens and Elmwood on Ice is available at
downtownroanoke.org
United Way of Roanoke Valley—ALICE Awareness Week
• We're collaborating with the United Way of Roanoke Valley in recognizing the
efforts and awareness that the United Way has made in addressing the financial
needs beyond the traditional federal poverty guidelines in Virginia, and certainly
in the City of Roanoke, through the ALICE Awareness Week, which runs through
November 19.
• ALICE, which stands for Asset Limited, Income Constrained, Employed,
represents those who work hard and earn more than the official Federal Poverty
Level, but less than the basic cost of living.
• According to the United Way data, more than 29% of Roanoke Valley families
are earning less than what it costs to live here. That's on top of the 15% of area
families living below the poverty line.
• The community can learn more through the United Way's website.
b. CITY ATTORNEY:
BRIEFING:
Proposed City Code amendments to - 20 minutes
Chapter 21, Miscellaneous Offenses
Received and filed.
S. 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. 42202-111521. (7-0)
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b. A report of certain Authorities, Boards, Committees and Commissions in
which City Council serve as liaisons or appointees. NONE.
9. UNFINISHED BUSINESS: NONE.
10. INTRODUCTION AND CONSIDERATION OF
ORDINANCES AND RESOLUTIONS:
a. Repeal and replace Budget Ordinance No. 42192-110121 adopted on
November 1, 2021, to correct a scrivener's error, in connection with the
acceptance of Hazard Mitigation Assistance Program Funds from the
Federal Emergency Management Agency for the City of Roanoke
Floodplain Mitigation Project.
Adopted Budget Ordinance No. 42203-111521. (7-0)
11. MOTIONS AND MISCELLANEOUS BUSINESS:
a. Inquiries and/or comments by the Mayor and Members of City Council.
NONE.
b. Vacancies on certain authorities, boards, commissions and committees
appointed by Council. NONE.
12. RECESSED - 3:29 P.M.
THE COUNCIL MEETING WAS DECLARED IN RECESS FOR A CLOSED MEETING;
AND THEREAFTER RECONVENE AT 7:00 P.M., IN THE COUNCIL CHAMBER,
ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING.
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ROANOKE CITY COUNCIL
REGULAR SESSION
NOVEMBER 15, 2021
7:00 P.M.
CITY COUNCIL CHAMBER
215 CHURCH AVENUE, S. W.
AGENDA
Call to Order--Roll Call. All present.
The Invocation was delivered by Council Member William D. Bestpitch.
The Pledge of Allegiance to the Flag of the United States of America was
led by Boy Scout Troop 17 sponsored by St. John's Episcopal Church.
Welcome. Mayor Sherman P. Lea, Sr.
Council Member Jeffrey commented that his brother-in-law was
killed amid the weekend gun violence and the violence must cease in the
City of Roanoke.
CERTIFICATION OF CLOSED MEETING. (7-0)
NOTICE:
Council meetings will be televised live and replayed on RVTV Channel 3 on
Thursdays at 7:00 p.m., and Saturdays from 10:00 a.m. to 5:00 p.m.; and video
streamed through Facebook Live at facebook.com/RoanokeVa. Council meetings
are offered with closed captioning for the hearing impaired.
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A. PUBLIC HEARINGS:
1. Request of Good Samaritan Hospice to repeal all conditions previously
proffered as part of a previous rezoning adopted by Ordinance No. 33457-
070797 on property located at 0 Cove Road, N. W.; and to rezone the
property from Residential Multifamily District to Institutional Planned Unit
Development District, subject to a development plan. Ben Crew, Balzer &
Associates, Inc., Spokesperson.
Adopted Ordinance No. 42204-111521. (7-0)
2. Request of Franklin Road, LLC, to vacate an alley running north from
Franklin Road, S. W., towards Luck Avenue, S. W., adjacent to property
located at 117 Franklin Road, S. W. Dave Jones, Agent, Spokesperson.
Matter was continued until the December 13, 2021 City Planning
Commission Meeting.
3. Request of Greater Roanoke Transit Company to vacate a 10 foot wide
alley between and parallel to 11th Street, S. E., and 12th Street, S. E.
Kevin Price, General Manager, Spokesperson. Matter was continued
until the December 13, 2021 City Planning Commission Meeting.
4. 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. Wayne Leftwich, Agent, Spokesperson.
Adopted Ordinance No. 42205-111521. (7-0)
5. Proposal of the City of Roanoke to consider a request of Local Office on
Aging, Inc., (LOA), for tax exemption of real property located at 4902
Frontage Road, N. W. Robert S. Cowell, Jr., City Manager.
Adopted Ordinance No. 42206-111521. (7-0)
6. Proposal of the City of Roanoke to consider a request of Blue Ridge Land
Conservancy for tax exemption of real property located at 1305 Maple
Avenue, S. E. Robert S. Cowell, Jr., City Manager.
Adopted Ordinance No. 42207-111521. (7-0)
7. Proposal of the City of Roanoke to consider the sale of property located at
0 Norfolk Avenue, S. W., to TLC Properties, Inc. Robert S. Cowell, Jr.,
City Manager.
Adopted Ordinance No. 42208-111521. (7-0)
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8. Receive public comment on the use of 2022 entitlement funding for
multiple grants and un-programmed 2020 CARES Act funding to address
eligible needs related to the development of the City's 2022 HUD Annual
Action Plan.
No action taken.
9. Proposal of the City of Roanoke to amend the City Code with regard to the
disposable plastic bag tax. Robert S. Cowell, Jr., City Manager.
Adopted Ordinance No. 42209.111521. (7-0)
B. OTHER BUSINESS:
1.a. Petition for Appeal filed by Albert Mack appealing a decision of the
Architectural Review Board denying a request to install K-Style gutters at
531 Day Avenue, S. W. Albert Mack, Spokesperson.
b. A report of the Architectural Review Board recommending that City
Council affirm its decision to deny the request, which is not consistent with
H-2 Guidelines. Bill Mason, Acting Chairman, Spokesperson.
The Council voted to reverse the decision of the Architectural
Review Board. (7-0).
C. 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.
Stephen Provost, 805 Clarke Road, Martinsville, Virginia appeared before
the Council to gift the City a book he wrote about the City of Roanoke.
D. RECESSED - 8:18 P.M.
THE COUNCIL MEETING WAS DECLARED IN RECESS UNTIL MONDAY,
NOVEMBER 29, 2021, AT 12:00 P.M., MELROSE LIBRARY, 2502 MELROSE
AVENUE, N. W., SUITE D, FOR A CITY COUNCIL BUDGET PLANNING RETREAT.
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01)
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCH AVENUE,S.W.,SUITE 452
ROANOKE,VIRGINIA 24011-1594
lELFPHONE' 640185322444
PAXr 64018'1-1141
SHERMAN P.LEA,SR. EMAIL. MAYOR,o ROANOKFAA.GO%
rvtayor
November 15, 2021
The Honorable Vice-Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
This is to request a Closed Meeting to discuss the 2021 Citizen of the Year Award,
pursuant to Section 2.2-3711 (A)(10), Code of Virginia (1950), as amended.
Sincerely,
Sherman P. Lea, Sr.
Mayor
SPL:ctw
CITY OF ROANOKE
OFFICE OF THE CITY ATTORNEY David L. Collins
464 MUNICIPAL BUILDING Laura M. Carini
215 CHURCH AVENUE,SW
ROANOKE,VIRGINIA 24011-1595 Douglas P. Barber,Jr.
Kelsey M. Durkin
Timothy R. Spencer TELEPHONE 540.853.2431 Jennifer L. Crook
City Attorney FAX 540.853.1221 Assistant City Attorneys
EMAIL ciryatry@ oanokeva.gov
November 15, 2021
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Amendment to Roanoke Charter of 1952
Dear Mayor Lea and Members of Council:
I have prepared the attached resolution requesting the General Assembly to amend
the City Charter regarding Section 57A., Clerks of Court. A public hearing is required to
get citizen input on this amendment.
The proposed deletion of Section 57A., Clerks of Court would change the Charter
to eliminate the City's retainage of fees collected by the Clerk of the Circuit Court. In
exchange, this amendment will allow the Compensation Board of the Commonwealth of
Virginia to reimburse the City for the salaries for personnel within the Circuit Court
Clerk's Office.
On behalf of the Legislative Committee Chair, I am requesting that Council
schedule a public hearing for December 6, 2021, at 2:00 p.m., or as soon thereafter as the
matter may heard to hear comments of citizens regarding this proposed amendment.
Sincerely,
i
2moth pencer
City Attorney
LSC/I
Enclosure
c: Robert S. Cowell, Jr., City Manager
R. Ronald Jordan, Legislative Liaison
IN THE COUNCIL OF THE CITY OF ROANOKE,VIRGINIA
A RESOLUTION requesting the 2022 Session of the General Assembly to amend the
existing Roanoke Charter of 1952,as amended,in order to delete,in its entirety Section 57A Clerks
of Court,to eliminate retainage fees from the Clerk of the Circuit Court by the City of Roanoke and
allow the Compensation Board of the Commonwealth of Virginia to appropriate for the
reimbursement of salaries for personnel with the Clerk of Circuit Courts Department instead.
WHEREAS, pursuant to the provisions of Section 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,of the time and place of a public hearing
for citizens to be heard to determine if they desire that City Council request the 2022 Session of the
General Assembly to amend the existing Roanoke Charter of 1952, as amended; and
WHEREAS, the required public hearing was conducted on December 6, 2021; 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,as
amended.
I i I
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The Council hereby requests that the 2022 Session of the General Assembly amend
the Roanoke Charter of 1952, as amended,to delete, in its entirety Section 57A Clerks of Court, of
the Roanoke Charter.
2. The City Clerk is directed to send two attested copies of this resolution,a copy of the
requested amendment to the Roanoke Charter of 1952,as amended,a publisher's affidavit showing
that the public hearing on this request was advertised, and a certified copy of Council's minutes
showing the action taken at the advertised public hearing to the Honorable ,Member,
, the Honorable , Member, , and the Honorable
Member, , with the request that they introduce a bill in the 2022
Session of the General Assembly to amend the Roanoke Charter of 1952, as amended.
ATTEST,
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY ATTORNEY David L.Collins
464 MUNICIPAL BUILDING Laura M. Carini
215 CHURCH AVENUE,SW Douglas P. Barber,Jr.
ROANOKE,VIRGINIA 24011-1595 Kelsey M.Durkin
Timothy R. Spencer TFI.E'PHONE 540.853.2431 Jennifer L. Crook
City Attorney FAX 540-853.1221 Assistant City Attorneys
EMAIL ciryam(mroanokeva.gov
November 15, 2021
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Amendment to Roanoke Charter of 1952
Dear Mayor Lea and Members of Council:
I have prepared the attached resolution requesting the General Assembly to amend
the City Charter regarding Section 4, Composition of Council terms of members:
designation of vice-mayor: vacancies; Section 10, Meetings of council generally; and
Section 16 Time of holding municipal elections. A public hearing is required to get
citizen input on this amendment.
The proposed changes reflect the amendments to be made in election dates and
meetings of council generally to the City Charter. These amendments were unable to be
presented to the 2021 General Assembly last year due to the limited number of bills the
legislators were allowed to sponsor. This is being resubmitted to the 2022 General
Assembly this year.
On behalf of the Legislative Committee Chair, I am requesting that Council
schedule a public hearing for December 6, 2021, at 2:00 p.m., or as soon thereafter as the
matter may heard to hear comments of citizens regarding this proposed amendment.
Sincerely,
Ti thy pencer
City orney
LSC/1
Enclosure
c: Robert S. Cowell, Jr., City Manager
R. Ronald Jordan, Legislative Liaison
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
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 December 6, 2021; 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
I
of 1952. I
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 terns of four years, from the first day of JulyJanuary
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 JulyJanuary next following the date of election and until a
successor shall have been elected and qualified; provided, however, that on the
fiest Tuesday following the first Monday in May November, ••�'� ,o„�'• -a--''
seventy-twe 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 first-Tuesday following the first Monday in M"November, n,.,eteea
hundFed `o" 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
thirtyforty-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 membe
of council or of the mayor remains at the time of such next reguM
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 tern.
§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.
r « +
§16. Time of holding municipal elections.
A municipal election shall be held on the first Tuesday following the first
Monday in " November in roietewn hundred qevemy4WO 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 send two attested copies of this resolution, a copy of
the requested amendment to the Roanoke Charter of 1952, as amended, a publisher's affidavit
showing that the public hearing on this request was advertised, and a certified copy of Council's
minutes showing the action taken at the advertised public hearing to the Honorable
, Member, _ , the Honorable , Member,
and the Honorable , Member, with the request that they
introduce a bill in the 2022 Session of the General Assembly to amend the Roanoke Charter of
I � I
1952, as amended.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (5,10)853-2541
Fax: (540)8531145
E-mail: clerk@roanokevaeov CECELIA T.NEBB,CMC
CECELIA F.51CCOV,CMC Deputy City Clerk
Cin Clerk
November 16, 2021
Krystal Hullette, Director
Court and Community Services
1717 Peters Creek Road, N. W.
Roanoke, Virginia 24017
Dear Ms. Hullette:
This is to advise you that the Honorable Scott R. Geddes has qualified as the General
District Court representative of the Court Community Corrections Program Regional
Community Criminal Justice Board for a three-year term of office, commencing July 1,
2020 and ending June 30, 2023.
Sincerely, /y, �/ '(,�y''/
Cecelia Mc j— yX
City Clerk
dlJ02004 0278
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke,to-wit:
I, The Honorable Scott R. Geddes, do solemnly swear (or affirm) that I will
support the Constitution of the United States of America and the Constitution of the
Commonwealth of Virginia, and that I will faithfully and impartially discharge and
perform all the duties incumbent upon me as the General District Court representative
of the Court Community Corrections Program Regional Community Criminal Justice
Board for a three-year term of office commencing July 1, 2020 and ending June 30,
2023, according to the best of my ability. (So help me God)
TT E ES
The foregoing oath of officewas taken, sworn to, and subscribed before me by
�irL
Scott R. Geddes this tlay of 2020.
Brenda S. Hamilton, Clerk of the Circuit Court
B /�
p� CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue,S.W.,Room 456
"'3 Roanoke,Virginia 24011-1536
Q, Telephone: (540)853-2541
Fax: (540)853-1145
&mail: elerkCo'roanokevp.goc CECELIA T.WEBB,Ca1C
CECELIA F.MCCOV,CMC
Deputy City Clerk
Citi Clerk
November 16, 2021
Tina Carr, Secretary
Building and Fire Code Board of Appeals
Roanoke, Virginia
Dear Ms. Carr:
This is to advise you that Douglas Coffman has qualified as a member (Builder) of the
Building and Fire Code Board of Appeals for a three-year term of office, commencing
July 1, 2021 and ending June 30, 2024,
Sincerely,
C.e� w
Cecelia F. McCoy, CMC
City Clerk
11rl0211, U 0585
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke,to-wit:
I, Douglas Coffman, do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the Commonwealth
of Virginia, and that I will faithfully and impartially discharge and perform all the duties
incumbent upon me as a member (Builder) of the Building and Fire Code Board of
Appeals for a three-year term of office, commencing July 1, 2021 and ending June 30,
2024, according to the best of my ability. (So help me God.)
1106dLAS COFFMAN
The foregoing oath of office was taken, sworn to, and subscribed before me by
Douglas Coffman this day of J ,vim 2021.
O Brend'''a S. Hamilton, Clerk of the Circuit Court
Byi �rra,3Ti..1 Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue,S.W.,Room 456
Roanoke,Virginia 24011-1536
Telephone: (5411
Fas: (540)853-1145
E-mail: clerkCrommkeya.goy CECELIA C WEBB,CMC
CECELIA F.MCCOV,CMC
City Clerk Deputy Ci[1 Clerk
November 16, 2021
Tina Carr, Secretary
Building and Fire Code Board of Appeals
Roanoke, Virginia
Dear Ms. Carr:
This is to advise you that Jeffrey Shawver has qualified as a member (Property
Management) of the Building and Fire Code Board of Appeals for a three-year term of
office, commencing July 1, 2020 and ending June 30, 2023.
Sincerely, /
C �
Cecelia F. McCoy, CMC
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Jeffrey Shawver, do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the Commonwealth
of Virginia, and that I will faithfully and impartially discharge and perform all the duties
incumbent upon me as a member(Property Management) of the Building and Fire Code
Board of Appeals for a three-year term of office, commencing July 1, 2020 and ending
June 30, 2023, according to the best of my ability. (So help me God.) -
REY SHAWVER
The foregoing oath of office was taken, sworn to, and subscribed before me by
Jeffrey Shawver this j2L day of on 202
Brenda S. Hamilton, Clerk of the Circuit Court
By q� .,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
CECELIA F.MCCOV,CMC E-mall: ekrk(eroamkeva.,, CECELIA T.WEBB,CMC
Cib,Clerk Depup Cit.Clerk
November 16, 2021
David Bustamante, Secretary
Roanoke Redevelopment and Housing Authority
2624 Salem Turnpike, N. W.
Roanoke, Virginia 24017
Dear Mr. Bustamante:
This is to advise you that Andrew Anguiano has qualified as a Commissioner of the City
of Roanoke Redevelopment and Housing Authority for four-year term of office,
commencing September 1, 2020 and ending August 31, 2024.
Sincerely,
Cecelia F. McCoy, CMC
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Andrew Anguiano, do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the Commonwealth
of Virginia, and that I will faithfully and impartially discharge and perform all the duties
incumbent upon me as a Commissioner of the City of Roanoke Redevelopment and
Housing Authority for a four-year term of office, commencing September 1, 2020, and
ending August 31, 2024, according to the best of^my ability. (So help me God.)
ANDREW ANGUTANO
The foregoing oath of office was taken, sworn to, and subscribed before me by
Andrew Anguiano this' day of CC40 2021.
Brenda S. Hamilton, Clerk of the Circuit Court
ByC&
Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue,S.W.,Suite 456
s3_ Roanoke,Virginia 24011-1536
Telephone: (540)853-2541
Fm: (540)853-1145
CECELIA F.NICCOY,CHIC E-mail: elerkarannokey..,, CECELIA T."EBB,CMC
City Clerk Deputy City Clerk
November 16, 2021
Karen Faber, Secretary
Roanoke Regional Airport Commission
5202 Aviation Drive, N. W.
Roanoke, Virginia 24012
Dear Ms. Faber:
This is to advise you that Robert Fralin has qualified as the City representative of the
Roanoke Regional Airport Commission for a term ending March 9, 2024.
Sincerely,
Cecelia F. McCoy, CMC
City Clerk
(IfJ020N1i 0363
Oath or Affirmation of Office
Commonwealth of Virginia. City of Roanoke,to-wit•.
. I, Robert Fralin, do solemnly swear that I will support the Constitution of the
United States of America and the Constitution of the Commonwealth of Virginia, and
that I will faithfully and impartially discharge and perform all the duties incumbent upon
me as a City representative of the Roanoke Regional Airport Commission for a four year
term of office commencing July 1, 2020 and ending March 9, 2024, according to the
best of my ability. So help me God.
BERT FRAUN
The foregoing oath of office was taken, swam to, and subscribed before me by
RobertFralin this $ day m J!4—
_.—_2020.
Brenda S. Hamilton, Clerk of the Circuit Court
By ��, Clark
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue,S.W.,Room 456
Roanoke,Virginia 24011-1536
Telephone: (540)853-2541
Fee: (540)853-1145
E-mail: eWkCl,roanakevn.8ov
CECELI.A F.MCCOY,CMC CECELIA T. q ClerBB,k CMC
Deputy City Clerk
Cil,Clerk
November 16, 2021
Amelia Merchant, Secretary
City of Roanoke Pension Plan, Board of Trustees
Roanoke, Virginia
Dear Ms. Merchant:
This is to advise you that David Jeavons has qualified as a member of the Board of
Trustees, City of Roanoke Pension Plan for a two-year term of office ending June 30,
2022.
Sincerely,
C � M&V
Cecelia F. McCoy, CMC
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, David S. Jeavons, do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the Commonwealth
of Virginia, and that 1 will faithfully and impartially discharge and perform all the duties
incumbent upon me as a member of the Board of Trustees, City of Roanoke Pension
Plan, for a term of office ending June 30, 2022, according to the best of my ability. (So
help me God.)
DAVID . J ONS
The foregoing oath of office was taken, sworn to, and subscribed before me by
David S. Jeavons, this!day of 'LLQ 2026.
Brenda S. Hamilton, Clerk of theCircuitCourt
Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue,S.W.,Room 456
Roanoke,Virginia 24011-1536
Telephone (540)853-2541
Fnx: (540)853-1145
E-mail: derkCroanokoc.gm
CECEWA F.MCMC E-mail: T.WED ('AIC
Cit,Clerkrk Dcpuly Cip Clerk
November 16, 2021
Barry Thompson, Secretary
Western Virginia Regional Industrial Facility Authority
311 South Pollard Street
Vinton, Virginia 24179
Dear Mr. Thompson:
This is to advise you that Marc Nelson has qualified as the City representative of the
Western Virginia Regional Industrial Facility Authority for a term of office ending
February 3, 2024.
Sincerely,
VXA
Cecelia F. McCoy, CMC
City Clerk
Ii � 021G1q - 0794
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke,to-wit:
I, Marc Nelson, do solemnly swear (or affirm) that I will support the Constitution
of the United States of America and the Constitution of the Commonwealth of Virginia,
and that I will faithfully and impartially discharge and perform all the duties incumbent
upon me as a City representative of Western Virginia's Regional Industrial Facility
Authority for a term of office ending February 3, 2024, according to the best of my
ability. (So help me God)
MARC NELSON
The foregoing oath of office was taken, sworn to, and subscribed before me by
Marc Nelson, this day of 2021.
Brenda S. Hamilton, Clerk of the Circuit Court
By-PXM(InW JV— , Clerk
eCIeTY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue,S.W.,Room 456
Roanoke, Virginia 24011-1536
Telepeune: (540)553-2541
Fax: (540)853-1145
CECELIA E.MCCOY,CMC E-mail: elerkCroaaokeva.goC CECELIAT.WEBB,CMC
Cib Clerk Deputy Cit Clerk
November 16, 2021
Tina Carr, Secretary
City Planning Commission
Roanoke, Virginia
Dear Ms. Carr:
This is to advise you that Scott Terry-Cabbler and Sarah Glenn have qualified as
members of the City Planning Commission for four-year terms of office, each,
commencing January 1, 2021 and ending December 31, 2024.
Sincerely,
C —J-- y 0/
Cecelia F. McCoy, CMC
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Scott Terry-Cabbler, do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the Commonwealth
of Virginia, and that I will faithfully and impartially discharge and perform all the duties
incumbent upon me as a member of the City Planning Commission for a four-year term
of office, commencing January 1, 2021 and ending December 31, 2024, according to
the best of my ability. (So help me God.)
SC TT TERRY-CABBLER
The foregoing oath of office was taken, sworn to, and subscribed before me by
Scott Terry-Cabbler this day of xAckj 2021r
Brenda S. Hamilton, Clerk of the Circuit Court
By Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Sarah Glenn, do solemnly swear (or affirm) that I will support the Constitution
of the United States of America and the Constitution of the Commonwealth of Virginia,
and that I will faithfully and impartially discharge and perform all the duties incumbent
upon me as a member of the City Planning Commission for a four-year term of office,
commencing January 1, 2021 and ending December 31, 2024, according to the best of
my ability. (So help me God.)
SARAH GLENN
The foregoing oath of office was taken, sworn to, and subscribed before me by
Sarah Glenn this 3`y day of �- u✓tn,Jj,� 2020.1
Brenda S. Hamilton, Clerk of the Circuit Court
6y4t7��� 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)8534 145
trmail: cleikCraanokeva.km
CECELIA T.City
Clerk CNC
CF,CELIAF.Clerk CMC Deputy City Clerk
City Clerk
November 16, 2021
Brian Mann, Secretary
Hotel Roanoke and Conference Center
Roanoke, Virginia
Dear Mr. Mann:
This is to advise you that Court G. Rosen has qualified as the Citizen at Large representative
of the Hotel Roanoke and Conference Center Commission for a four-year term of office
commencing April 13, 2020 and ending April 12, 2024.
Sincerely,
Cecelia F. McCoy, CMC ��
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Court G. Rosen, 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 the
Citizen at Large representative of the Hotel Roanoke Conference Center Commission for a
four-year term of office, Commencing April 13, 2020 and ending April 12, 2024, according to
the best of my ability. So help me God.
Court G. Rosen
The foregoing oath of office was taken, sworn to, and subscribed before me by
Court G. Rosen this day of 2024.
Brenda S. Hamilton, Clerk of the Circuit Court
By b AYA j !Lity , Clerk
pt 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)851-1145
CECELIA F.MCCOV,CHIC E-mail: clerk(n;rmmokeva.gar
CECELIA T. io BB,Clerk CM1IC
Cit, Clerk Deputy City CIer4
November 16, 2021
Frank Maguire
Roanoke City Greenway Coordinator
1206 Kessler Mill Road
Salem, Virginia 24153
Dear Mr. Maguire:
This is to advise you that William Hackworth has qualified as a City representative of the
Roanoke Valley Greenway Commission to fill the unexpired term of office of Stephen
Ambruzs for a term of office ending June 30, 2022.
Sincerely,
C_e t�
Cecelia F. McCoy, CMC
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, William Hackworth, do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the Commonwealth
of Virginia, and that I will faithfully and impartially discharge and perform all the duties
incumbent upon me to fill the unexpired term of office of Stephen Ambruzs as a City
representative of the Roanoke Valley Greenway Commission and ending June 30,
2022, according to the best of my ability. (So help me God.)
WILLIAM HACKWORTH
The foregoing oath of office was taken, sworn to, and subscribed before me by William
Hackworth, this 8 day of O eMber 2021.
Brenda S. Hamilton, Clerk of the Circuit Court
By �/ &byv —1 Clerk
g'M CITY OF ROANOKE
qr OFFICE OF THE CITY CLERK
215 Church Avenue,S.W.,Roam 456
Roanoke,Virginia 24011-1536
Telephone: (540)853-2541
Fax: (540)85.1-1145
CECELIA F.hICCOY,CaIC E-mail: clerkalroanokcva.gm CECELIA T.WEBB,CNC
Cap Clerk Uepmt ON Clerk
November 16, 2021
Jeremy Holmes, Executive Director
Roanoke Valley Alleghany Regional Commission
P. O. Box 2569
Roanoke, Virginia 24010
Dear Mr. Holmes:
This is to advise you that Michael McEvoy has qualified as a Citizen at Large
representative of the Roanoke Valley Broadband Authority for a four-year term of
office ending December 12, 2025.
Sincerely,
Cecelia F. McCoy, CMC
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Michael McEvoy, do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the Commonwealth
of Virginia, and that I will faithfully and impartially discharge and perform all the duties
incumbent upon me as a Citizen at Large representative of the Roanoke Valley
Broadband Authority for a four-year term of office, commencing December 13, 2021 and
ending December 12, 2025, according to the best of my ability. (So help me God.)
MICHAELMCENOY
The foregoing oath of office was taken, s��""worn to, and subscribed before me by
Michael McEvoy this 3 day of,�ijooQou 2021.
Brenda S. Hamilton, Clerk of the Circuit Court
By r// ,(.(� 1`FfJA.Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue,S.W.,Room 456
'q;=? Roanoke,Virginia 24011-1536
Telephaae: (540)853-2541
Fax: (540)853-1145
E-mail alerkCroanok.......
CEC ELIA T.W EBB,CMC
CECEL Ci F. CMC Depu19 City Clerk
Ciy Clerk
November 16, 2021
Nicole Ashby, Secretary
Mill Mountain Advisory Board
Roanoke, Virginia
Dear Ms. Ashby:
This is to advise you that Amanda Marko and Ahondryea Brooks have qualified as
members of Mill Mountain Advisory Board for three-year terms of office, each, ending
June 30, 2023.
Sincerely,
Cecelia F. McCoy, CMC
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Amanda Marko, do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the Commonwealth
of Virginia, and that I will faithfully and impartially discharge and perform all the duties
incumbent upon me as a member of the Mill Mountain Advisory Board for a three-year
term of office ending June 30, 2023, according to the best of my ability. (So help me
God.) 4" ��� , _
% //
AMANDA MARKO
The foregoing oath of office was taken, sworn to, and subscribed before me by
Amanda Marko thisD day of V\oUoYe&9n202
Brenda S. Hamilton, Clerk of the Ciircuui!it--Court
BClerk
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Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Ahondyrea Brooks, do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the Commonwealth
of Virginia, and that I will faithfully and impartially discharge and perform all the duties
incumbent upon me as a member of the Mill Mountain Advisory Board for a three-year
term of office, commencing July 1, 2020 and ending June 30, 2023, according to the
best of my ability. (So help me God.)
AH RE KS
The foregoing oath of office was taken, sworn to, /and subscribed before me by
Ahondyrea Brooks this V�day of �6"Aw,r 202k
Brenda S. Hamilton, Clerk of the Circuit Court
BvB • JO noP� Clerk
1 of 1 10/28/2021, 1:38 PM
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue,S.W.,Room 456
Roanoke,Virginia 24011-1536
Telephone: (540)853-2541
Faa: (540)853-1145
E-mail: alerkaroamkeva.gov
CECELIA F.MCCOV,CMC CECELIA T.WEBB,CMC
Cit,Clerk Deputy Ch, Clerk
November 16, 2021
Walter Hinkley, Chair
Towing Advisory Board
3021 Preston Avenue, N. E.
Roanoke, Virginia 24012
Dear Mr. Hinkley:
This is to advise you that Captain Andrew Pulley has qualified as a Law Enforcement
representative of the Towing Advisory Board for a three-year term of office ending
October 31, 2024.
Sincerely,
Cecelia F. McCoy, CMC
City Clerk
Pc: Timothy R. Spencer, City Attorney
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Andrew Pulley, do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the Commonwealth
of Virginia, and that I will faithfully and impartially discharge and perform all the duties
incumbent upon me as a Law Enforcement representative of the Towing Advisory Board
for a three-year term of office ending October 31, 2024, according to the best of my
ability. (So help me God.)
AND P LLEY
The foregoing oath of office was taken, sworn to, and subscribed before me by Andrew
Pulley this 10 day of flhV. 2021.
Brenda S. Hamilton, Clerk of the Circuit Court
By 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 elerkCroanokeva.8ov
CECELIA F.AICCOV,CMC CECELIA T.WEER,CMC
Cie Clerk Deputy CieClerk
November 16, 2021
Landon C. Howard, President
Visit Virginia's Blue Ridge
101 Shenandoah Avenue, S. W.
Roanoke, Virginia 24016-2044
Dear Mr. Howard:
This is to advise you that Elda Stanco Downey has qualified as a City representative of
the Visit Virginia's Blue Ridge, Board of Directors for a one-year term of office ending
June 30, 2022.
Sincerely,,
0 —- _ t��'•",�y'
��JJ; V& 0
Cecelia F. McCoy, CMC
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Elda Stanco Downey, do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the Commonwealth
of Virginia, and that I will faithfully and impartially discharge and perform all the duties
incumbent upon me as a City representative of the Visit Virginia's Blue Ridge, Board of
Directors for a term of office ending June 30, 2022, according to the best of my ability.
(So help me God)
E T*NCO DOWNEY
The foregoing oath of office was taken, sworn to, and subscribed before me by
Elda Stanco Downey this 4--day of_&&jL%-2021.
Brenda S. Hamilton, Clerk of the Circuit Court
By , Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, 5.W., Room 456
Roanoke,Virginia 24011-1536
Telephone: (548)853.2541
Fax: (548)853-1145
E-mail: clerk@roanokeva.gov CECELIA T.WEBB,CMC
CECELIA F.MCCOY,CMC Oepuo Cit Clerk
City Clerk
November 16, 2021
Harwell M. Darby, Jr., Secretary
Economic Development Authority
Glenn, Feldmann, Darby and Goodlatte
37 Campbell Avenue, S. W.
Roanoke, Virginia 24011
Dear Mr. Darby:
This is to advise you that 011ie Howie has qualified as a Director of the Economic
Development Authority of the City of Roanoke for a four-year term of office,
commencing October 21, 2021 and ending October 20, 2025.
Sincerely,
Cecelia F. McCoy, CMC
City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, 011ie Howie, do solemnly swear (or affirm) that I will support the Constitution of
the United States of America and the Constitution of the Commonwealth of Virginia, and
that I will faithfully and impartially discharge and perform all the duties incumbent upon
me as a Director of the Economic Development Authority of the City of Roanoke for a
four-year term of office, commencing October 21, 2021, and ending October 20, 2025,
according to the best of my ability. (So help me God.)
bELIE HOWIE
The foregoing oath of office was taken, sworn to, and subscribed before me by
011ie Howie this J day of l.J 2021.
Brenda S. Hamilton, Clerk of the Circuit Court
Clerk
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
AN ORDINANCE amending and reordaining Section 24-12 Camping on public sidewalks
and rights of way within the Downtown Service District, Chapter 24 Public Buildings and Property
Generally, Article I In General, Code of the City of Roanoke (1979), as amended; establishing an
effective date; and dispensing with the second reading of this ordinance by title.
WHEREAS, a number of City residents have complained about the congestion of the
downtown sidewalks;
WHEREAS,these citizen complaints involve individuals camping on downtown sidewalks
and rights of way and the unorganized storage of electric scooters on sidewalks;
WHEREAS, there is sufficient shelter space in the City to accommodate the housing needs
of the City's homeless population;
WHEREAS, it is important that the City comply with the Americans with Disabilities Act
of 1990, Pub. L, No. 101-336, 104 Stat. 328 (1990), as amended, by ensuring that our disabled
residents have safe access to the sidewalks in the Downtown Service District; and
WHEREAS, as a first step to better ensure safe access to public sidewalks and rights of
way in the Downtown Service District, City Council hereby amends the City Code to prohibit
camping on public sidewalks and rights-of--way within the Downtown Service District.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Amend and reordain Section 24-12 Camping on public sidewalks and ri hts of way
within the Downtown Service District, Chapter 24 Public Buildings and Property Generally,
Article I In General, Code of the City of Roanoke (1979), as amended.
Sec.24-12—Camping on Public sidewalks and rights-of-way within the Downtown
Service District.
It shall be unlawful and a Class 4 misdemeanor for any person within the
Downtown Service District to camp on any city-owned street, sidewalk, alley, other public
rights-of-way.
To camp is defined as the use of any city-owned street, sidewalk, alley,other public
rights-of-way for living accommodation activities such as sleeping or lying down, and
making preparations to sleep (including the laying down of bedding, sleeping bag, or other
sleeping matter, for the purpose of sleeping)or storing personal belongings or making any
fire or using any tent or shelter or other structure, or any vehicle or part thereof.
The Downtown Service District means the same as defined in Section 32-102.2,
Defined, Division 6, Downtown Service District, Article II, Real Estate Taxes Generally,
Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended.
This section does not apply to a person who is on city-owned street,sidewalk,alley,
or other public rights-of-way if the person is:
(1) on such street, sidewalk, alley, or other public rights-of-way because of a
medical emergency;
(2) participating in or viewing a parade, festival, permitted public event,
performance, rally, demonstration, or other similar activity;
(3) sitting within a bus stop zone while waiting for public or private transportation;
(4) sleeping in a motor vehicle, or
(5) operating or patronizing an establishment that conducts business and/or
provides outdoor dining on a sidewalk or other public rights-of-way in
accordance with Section 30-4.1, Sidewalks sales, Section 30-9.1, Outdoor
dining, or Section 30-9.2, Street vending, of the Code of the City of Roanoke
(1979), as amended.
It is an affirmative defense to prosecution for a violation this section for lying down
if a person is lying down and is obstructing the right-of-way, but is lying down as the result
of a physical manifestation of a disability, not limited to visual observation.
2. This ordinance shall be in effect upon its passage.
3. The second reading of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
rN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15`^day of November 2021.
No. 42197-111521.
A RESOLUTION accepting the Kids in Parks TRACK trail donation from the Blue Ridge
Parkway Foundation; authorizing the City Manager or his designee to execute a Memorandum of
Understanding("MOU')among the City of Roanoke and Blue Ridge Parkway Foundation,outlining
each party's responsibilities; and authorizing the City Manager or his designee to take such further
actions and execute such documents as may be necessary to accept such donation.
BE IT RESOLVED by the Council of the City of Roanoke that:
I. The City of Roanoke does hereby accept the Kids in Parks TRACK trail donation
from the Blue Ridge Parkway Foundation in the amount of$9,998, with no local match.
2. The City Manager or his designee is authorized to execute a MOU among the Cityof
Roanoke and Blue Ridge Parkway Foundation,in a form approved by the City Attorney. Such MOU
to be substantially similar to the MOU attached to the City Council Agenda Report dated November
15, 2021.
3. The City Manager or his designee is further authorized to take such further actions
and execute such further documents,approved as to form by the City Attorney, as maybe necessary
and to accept such donation.
ATTEST: '9�I`r-�','-
1.-000 � cf l/
City Clerk.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 151h day of November 2021.
No. 42198-111521.
AN ORDINANCE to appropriate funding from the Blue Ridge Foundation to
provide TRACK Trail Kiosk sign donation, amending and reordaining certain sections of
the 2021-2022 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 2021-2022 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Other Equipment- Trail Kiosk sign 35-620-4345-9015 $ 9,998
Revenues
BRF Donation FY22- Trail Kiosk sign 35-620-4345-4346 9,998
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST: /j
-CtR.J. W
City Clerk.
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: November 15, 2021
Subject: Kids in Parks TRACK Trail Kiosk Sign Donation from the Blue Ridge
Parkway Foundation
Background:
The mission of the Kids in Parks program is to work together with partners throughout
the country to promote children's health and the health of our parks by increasing
physical activity and engaging families in outdoor adventures that foster a meaningful
connection to the natural and cultural world. Kids in Parks accomplishes its mission
through the installation of TRACK Trails—a series of networked hiking trails that
provide self-guided materials designed to turn an ordinary hike into a fun-filled
adventure.
In collaboration with Parks and Recreation staff, Lick Run Greenway and the trail
behind Garden City Recreation Center were identified for inclusion in the Kids in Parks
program. A memorandum of understanding between the City of Roanoke and the Blue
Ridge Parkway Foundation outlining each party's responsibility has been drafted and is
attached.
Considerations:
For both trails, the Blue Ridge Parkway Foundation through the Kids in Parks program
will provide a trailhead kiosk/sign frame, four brochure holders, four sets of standard
self-guided brochures (2,000 copies of each), a trail page on the Kids in Parks website,
prizes disseminated to each trail's registrants, and annual data reports regarding the
use of each trail. The donation totals $9,998.
Recommended Action:
Accept the Kids in Parks TRACK Trails donation from the Blue Ridge Parkway
Foundation and authorize execution of the attached memorandum of understanding.
Robert S. Cowell,Jr.
City Manager
Distribution: Council Appointed Officers
W. Brent Robertson, Assistant City Manager for Community Development
Michael D. Clark, Director of Parks and Recreation
TRACK Trail Partnership
Memorandum of Understanding
Between the Kids in Parks Program
and the City of Roanoke
2021
The Blue Ridge Parkway Foundation's Kids in Parks program('Rids in Parks')and the City of Roanoke(collectively, "parties")have
come together to collaborate on a TRACK Trail at Garden City Recreation Center and Lick Run Greenway and
Both parties desire to enter into this MOU setting forth the roles and responsibilities of the parties.
Purpose
The mission of the Kids in Parks program is to work together with partners throughout the country to promote children's health and
the health of our parks by increasing physical activity and engaging families in outdoor adventures that foster a meaningful
connection to the natural and cultural world. Kids in Parks accomplishes its mission through the installation of TRACK Trails—a series
of networked hiking trails that provide self-guided materials designed to turn an ordinary hike into a fun-filled adventure.
The purpose of this Memorandum of Understanding is to outline the responsibilities each party will undertake through this
Partnership.The parties agree that the TRACK Trail is a great partnership opportunity,connecting parks and greenways in Roanoke
with the other TRACK Trail sites in the network for years to come.
Roles and Responsibilities
Both parties,by way of this Memorandum of Understanding,agree to the following:
Kids in Parks will be responsible for:
-Communicating efficiently with the City of Roanoke during the development of the TRACK Trails
-Scheduling planning meetings with the City of Roanoke and its Parks and Recreation Department during development of
the TRACK Trails
-Maintaining communication with the City of Roanoke and its Parks and Recreation staff for the duration of the MOU
Designing and procuring the trailhead signs,with approval by the City of Roanoke
-Providing trailhead kiosk frames and the trailhead construction manual,with approval by the City of Roanoke.The
trailhead signs and kiosk frames will be owned by the City of Roanoke. If this agreement is terminated,then the City shall
return or destroy the trailhead signs within thirty(30)days of termination.
-Providing a series of self guided brochures(4 topics,with 2,000 copies of each,per TRACK Trail),with approval by the City
of Roanoke
-Development of TRACK Trail webpages on the Kids in Parks website for the City of Roanoke's sites,with approval by the
City of Roanoke
-Maintenance of the Kids in Parks website and TRACK Trail webpages for the City of Roanoke's sites
- Linking any of the program's e-Adventure content that align with any of the standard brochures selected for the City of
Roanoke's sites on the TRACK Trail webpages for the City of Roanoke's sites
Providing warranty information for installed materials(signs and brochure holders)
-Tracking and reviewing data collected about use of the TRACK Trails at the City of Roanoke's sites
-Providing annual data reports about use and users of the TRACK Trails on the City of Roanoke's sites
-Distributing incentives to qualifying Trail TRACKers(kids who register TRACK Trail adventures)at the City of Roanoke's
sites
-Promoting and marketing the City of Roanoke's TRACK Trails through various media outlets
-Providing assistance to write and apply for grants that further support trail efforts
-Providing technical assistance and training to help integrate the program into existing programming
-Providing assistance and consultation regarding the grand opening event
-Providing funds for two Base Packages as outlined in the attached budget(Exhibit 1)
-Providing annual fee benefits,as outlined in Exhibit 3.The Blue Ridge Parkway Foundation will waive the annual support
fee for the City of Roanoke TRACK trails listed above for years two through five.After year five,the City of Roanoke can
choose to Opt-In or Opt-Out of the annual support fee
Initials: BRPF-KIP City of Roanoke
-Creating a Partner Dashboard on the program's website that allows the City of Roanoke to monitor the use of its TRACK
Trails.The Partner Dashboard is tied to the program's annual fee as described in Exhibit 3.
City of Roanoke will be responsible for:
-Communicating efficiently with Kids in Parks staff during the development of the TRACK Trails
-Scheduling planning meetings with Kids in Parks staff during development
-Maintaining communication with Kids in Parks staff for the duration of the agreement
-Constructing and installing the TRACK Trail trailhead kiosks.The trailhead kiosks will be owned by the City of Roanoke.
-Maintaining the appearance of the TRACK Trail trailheads(landscaping,fixing vandalized materials,etc.)
-Restocking the TRACK Trail trailhead kiosks with brochures as needed
-Maintaining the TRACK Trails,ensuring safe passage(clearing dangerous debris,fixing dangerous situations,etc.)
-Promoting the TRACK Trails through various media outlets(website,enews,facebook,etc.)
-Providing photos,testimonials,and other important information regarding the TRACK Trails to Kids in Parks
-Advising Kids in Parks as to any managerial issues regarding the trails(criminal activity,vandalism, etc.)
-Seeking ways to integrate the trails with community projects and activities
-Coordinating a grand opening celebration
-Purchasing additional brochures as needed(Exhibit 2)
-The City has final authority for all matters concerning the construction, installation,and maintenance of the trails and
trailhead kiosks, including their precise location,scope,type and placement of items on the trails,materials used and level
of safety required for all items installed on City property. The City agrees to work with Kids in Parks on the plans for the
trails and trailhead kiosks and to not unreasonably withhold approval of specifications requested by Kids in Parks.
Kids in Parks and City of Roanoke Responsibilities Clause
The responsibilities listed in the sections above may change based on discussion with Kids in Parks staff and City of Roanoke staff.
Often times the MOU is entered into prior to certain decisions being finalized and,thereafter,the responsibilities may change
slightly.For example,the trailhead sign kiask/frame may be constructed by the City of Roanoke on site,therefore negating the Kids
in Parks program's responsibility to provide the sign frame.Any changes to the above Roles and Responsibilities section must be
agreed upon by the parties in writing(e.g.,mail,email,fax,etc.).
Timeline
The roles and responsibilities described above are agreed to through this MOU from signed date and continuing for a period of five
(5)years,at which time the MOU can be extended,revised, or terminated.The MOU may also be revised at any time during the five-
year period provided both parties agree to the revision(s) in writing. If the MOU expires without being extended,the trails will
remain in network until a new MOU can be signed or is officially terminated.
Termination of Agreement
This Agreement may be terminated by either party for any reason and at any time.Such termination shall be effective thirty(30)
days after written notice to the other party. Failure of one party to fulfill its responsibilities as outlined above may result in
immediate termination of this MOU. In the event of termination,all products and materials with the Kids in Parks logo must be
returned to the Kids in Parks program and/or destroyed within thirty(30)days.
Warranties
The Kids in Parks program's TRACK Trail materials come with varying levels of warranty from their manufacturer. For example,the
HPL(high pressure laminate)trailhead signs typically come with a 10-year manufacturer's warranty and the brochure holders
provided by Kids in Parks come with a 1-year warranty serviced by Kids in Parks.Please see Exhibit 4 for more information regarding
warranty timelines.Note: Constructing a kiosk NOT provided as part of the Kids in Parks package may void your site's sign warranty.
Rights and Ownership
The Blue Ridge Parkway Foundation and Kids in Parks retain all rights to works created as part of TRACK Trail development.All signs
and brochure content are the intellectual property of the Kids in Parks program. If partner agency's sites implement a self-guided
brochure or e-Adventure,and provides content(text, pictures,illustrations,diagrams,etc.)for the development of those materials,
those elements remain in the control of partner agency.However,the packaged sign design, brochure design,and e-Adventure
design as completed by the Kids in Parks staff cannot be repurposed,altered,edited,branded,or trademarked by the partner
agency for its use.
Initials: BRPF-KIP City of Roanoke
Responsibility of the Parties.
To the extent permitted by applicable law,each party to this Memorandum will he responsible for the actions, inactions or violations
of its officers,employees,and agents in connection with scope of duties described herein, but nothing contained herein shall be
construed as a waiver of the City's sovereign immunity.
Insurance
Kids in Parks agrees to obtain and maintain,during the life of this Agreement,at its sole expense,the insurance policies required by
this section. The following policies and coverages are required:
• Commercial General Liability. Commercial general liability insurance shall insure against all claims, loss, cost, damage,
expense or liability from loss of life or damage or injury to persons or property arising out of any activities associated with
this Agreement. The minimum limits of liability for this coverage shall be $1,000,000 combined single limit for any one
occurrence.
• Workers'Compensation. Workers'compensation insurance covering Kids in Parks'statutory obligation under the laws of the
Commonwealth of Virginia and employer's liability insurance shall be maintained for all its employees engaged in work under
this Agreement. Minimum limits of liability for employer's liability shall be $100,000.00 bodily injury by accident each
occurrence;$500,000.00 bodily injury by disease(policy limit);and$100,000.00 bodily injury by disease(each employee).
• Automobile Liability. The minimum limit of liability for automobile liability insurance shall be$1,000,000 combined single
limit applicable to owned or non-owned vehicles used in the performance of any work under this Agreement.
Involved Parties
The Kids in Parks program is represented by:Carolyn Ward,CEO;Jason Urroz,Director;and Adam Roades,Associate Director.
The City of Roanoke staff is represented by: Michael Clark, Director;and Cindy McFall, Parks Manager.
Notice
Any notice, request,or demand given or required to be given under this Memorandum shall,except as otherwise expressly provided
herein, be in writing and shall be deemed duly given only if delivered personally or sent by certified mail,return receipt requested to
the addresses stated below.
To the City: Michael Clark
Director Roanoke City Parks and Recreation
215 Church Avenue,Room 364
Roanoke,Virginia 24011
Michael.Clark@Roanokeva.gov
To Kids in Parks: Jason Urroz
Director, Kids in Parks
322 Gashes Creek Rd.
Asheville,NC 28803
jurroz@brpfoundation.org
Assignment.
The provisions of this Memorandum may not be assigned and are for the exclusive benefit of the parties hereto and not for the benefit
of any third person, nor shall this Memorandum be deemed to have conferred any rights,express or implied, upon any third person
unless otherwise expressly provided for herein.
Captions and Headings.
The section captions and headings are for convenience and reference purposes only and shall not affect in any way the meaning or
interpretation of this Memorandum.
Initials: BRPF-KIP City of Roanoke
Severability.
The invalidity, illegality or unenforceability of any provision of this Memorandum as determined by a court of competent jurisdiction
shall in noway affect the validity, legality or enforceability of any other provision hereof.
Waiver.
No failure of any party to insist on strict observance of any provision of this Memorandum,and no custom or practice of the parties
at variance with the terms hereof,shall be deemed a waiver of any provision of this Memorandum in any instance.
Governing Law.
This Memorandum shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia.
Entire Agreement:
This Memorandum represents the entire integrated agreement between the parties and supersedes all prior negotiations,
representations or agreements, either written or oral. This Memorandum shall not be amended or modified except by written
instrument signed by the parties.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum dates this day of
2021.
CITY OF ROANOKE,VIRGINIA
BY:
Robert S.Cowell,Jr.,City Manager
BLUE RIDGE PARKWAY FOUNDATION
BY:
Jason Urroz,Director of Kids in Parks
Approved as to Form:
Approved as to Execution:
Initials: BRPF-KIP City of Roanoke
Exhibit 1—Kids in Parks Start Up Cost Sheet
Kids in Parks
TRACK Trails
Startup Costs
This document represents the standard startup cost to work with the Kids in Parks TRACK Trails program,and provides information
about the costs of add-ons to improve the uniqueness of the TRACK Trails)at your site(s).
Base Package:$6,999
The Base Package includes a trailhead kiosk/sign frame,four brochure holders,four sets of standard self-guided brochures
(2,000 copies of each), a trail page on the Kids in Parks website,prizes disseminated to your trail's registrants,and annual
data reports regarding the use of your trail.
Kids in Parks shall donate to the City the costs for two Base Packages to integrate TRACK trails at the Garden City
Recreation Center and Lick Run Greenway.The donation will total approximately$9,998.
TRACK Plus+Package:$6,500
The TRACKpIus+Package include everything in the Base Package plus:
• Premium Brochure Option:Choose one brochure from our catalog to customize for your site
• Travel:Visiting your site for trail evaluations and grand openings
• Trail Blazes: 10 trail blazes to mark the route of your TRACK Trail
TRACK Trail Add-ons:Prices Vary
Partners can enhance their TRACK Trail with custom materials,activity stations, interpretive panels,and other materials
designed specifically for the resources at your site.
Materials/Deliverables Description Cost
Site-specific brochure designed specifically for the TRACK Trail at your
Site-specific Brochures) sitelsl.Printed in one off batches.2,000 copies.Starting at $1,500+
Site-specific e-Adventure content designed specifically for the TRACK Trail
e-Adventures at your shelf).web based.Starting at: $1,500+
Design and fabrication of an Interpretive sign that can he installed along
your TRACK Trail.Prices vary on size,materials,sign frame,and design
Interpretive Panels time.stsmngan $2,000+
Stations with science equipment and corresponding site-specific brochures
tied to curriculum standards.Prices depend on numberofstations,
equipment,brochure design time,and brochure/sign printing.Call for
Citizen Science Stations quote: $Quote
Community Integration Kits:
Build an environment of outdoor activity,with your TRACK Ti at the center. Kids in Parks offers various materials, including:
TRACK Rx materials regional healthcare providers can use to prescribe your trail,Backyard Adventure brochures that can be placed
at community centers,TRACK Packs loaded with gear kids can use along the trail,rack cards, posters, and more.Please contact Kids
in Parks for pricing options.
Initials: ERPF-KIP_ City of Roanoke
Exhibit 2—Ongoing Brochure Restocking Fees that are the Responsibility of the Partnering Agency/Agencies
Kids in Parks
TRACK Trails
60 Ongoing Budget
This budget document represents the ongoing costs and shipping fees to maintain the brochure supply for your site's TRACK Trail.
Depending upon the visitation at your site and the brochures selected for your site,the costs to restock the brochure-led adventures
will vary.We print our most popular"Standard"brochures in larger quantities,allowing us to pass on the savings to our partner
locations.Site-specific brochures are printed in one-off batches and are therefore more expensive. Please consult with Kids in Parks
staff regarding your preferences before making your final selections.
Materials/Deliverables Description Cost
From our large batch print runsHide and Seek,Animal Athletes,Flower
Power,Bug Out,Quest for Dragons.Reorder.2,000 copies.Ask KIP for a
Standard Brochure Option 1 complete list $200
From our medium batch print runs'Bug Out,Flower Power,Types of Trees,
Birds of the Region,Finding Ferns,Fun with Fungi,etc Reorder.2,000
Standard Brochure Option 2 copies.Ask KIP for a complete list $250
Customized versions of our Standard Brochures and other brochure
Customizable Brochure Option options.Printed in one-off batches.2,000 copies. $500
Site-Specific Brochure Option
Site-specific brochures created specifically for the TRACK Trail at your
sitelsl.Printed in one-off batches.2,000 copies. $500
Shipping Prices vary basetl on weight and location.—$50 per set of 2,000. $50
Reducing Costs:
Partners can reduce the cost per brochure by ordering larger print quantities. However, be sure you have adequate storage space in
a proper facility before considering this option.Contact KIP staff for pricing options.
Additional Brochures:
TRACK Trail partners have the option to have more than four brochure topics for their site(s),or to choose alternative brochure
topics for future restocking/print runs.The costs associated with the restocking/printing of those brochure options vary depending
upon the brochure topic selected and the category of that brochure in the Kids in Parks catalog,as noted above.
Printing Locally:
Your site may have alternative printing options(GPO,state printer, local printer). If you are mandated to use a particular printer,or
you feel you can reduce costs by printing with a local vendor, KIP will provide you with print-ready PDF files and work with your
printer to ensure quality standards are met. Brochures printed through another vendor must meet the following specs:800, White
Gloss Book, FSC Certified, Legal Size, Tri-Folded,4C/4C.
This option introduces a one-time Licensing Fee of$150 per brochure topic.
Initials: BRPF-KIP City of Roanoke
Exhibit 3—Ongoing(Optional)Annual Fee
Kids in Parks
TRACK Trails
00 Annual Fee
In an effort to continue to improve the program's offerings and maintain sustainability,Kids in Parks has instituted an optional
annual fee that provides its opt-in partners with added benefits.These benefits include:
• Detailed annual data report
• Extended warranty of materials provided by Kids in Parks(signs and brochure holders)
• Partner dashboard access with ability to see real-time data regarding use of your site(s)TRACK Trail(s)and export data
spreadsheets regarding your site(s)registrants
• Licensing fee:applies to partners printing their own brochures and using program graphics
• Discounts on brochure orders:$50 off each set of 2,000 copies
The Blue Ridge Parkway Foundation will waive the annual support fee for the City of Roanoke TRACK Trails listed in th
agreement for Years two through five After year five the CRUA Roanoke can choose to Opt ' Opt-Out of the annual support
fee.The annual fee for the first v ar in the program is included ithe TRACK Trail package
Annual Fee Description Cost/Year
Detailed Data a n Brochure
Patter dashboard,Extended warranty,Licensing
Annual Fee Fee,Discounts on Brochure orders $400
Opting-Out:
Kids in Parks realizes that park budgets can be restrictive and that our partners may NOT be able to opt-in to the annual fee. In these
situations, Kids in Parks will still provide the same high quality materials to our partners and their visitors(signs,kiosks,brochure
holders,brochures,webpage, and prizes). The differences between the benefits listed above and the non-annual fee partner
package are listed below:
• Standard annual data report(YES)
• Standard warranty of materials provided by Kids in Parks(signs and brochure holders)(YES(
• Partner dashboard access with ability to track and export visitor use data(NO)
• Licensing fee(applies to partners printing their own brochures and using our graphics)(NO)
• Discounts on brochure orders:$50 off each set of 2,000 copies(NO)
Opting-In:
Partnering sites can opt-in to the annual fee at any time,and their"membership"will begin on the date of payment receipt and
credited for the duration of time that is paid(i.e.,one year,two year,three years, etc. .The Annual fee is non-refundable and
membership does not survive the termination of the agreement.
Initials: ERPF-KIP_ City of Roanoke
Exhibit 4—Warranties for materials provided
Kids in Parks
TRACK Trails
Warranties
From our signs to our kiosks,to our brochures and brochure holders,the Kids in Parks program strives to provide the highest quality
materials for our TRACK Trail partners.This document provides a general outline of the warranties that come with your TRACK Trail
package.Some of these warranties are provided by our vendors,and some of them are provided by Kids in Parks as a way to honor
our products.Because MOU documents are generally entered into in advance of vendors being selected and materials being
produced,this Exhibit serves as a generic statement regarding the warranties associated with our most commonly materials.
These warranties do not cover acts of vandalism or acts of god associated with nature or natural disasters(i.e.,a tree falls on the
kiosk and destroys the sign;a hurricane causes a flood and washes the kiosk away,etc.).
Trailhead Signs:
Kids in Parks uses a High Pressure Laminate(HPL)sign for its trailhead signs for most TRACK Trail installations.HPL signs typically
come with a 10-year manufacturer's warranty. Partner sites may opt to use a different material due to agency-based sign standards
or cost-reduction strategies.These alternate sign materials may not provide the same warranty timeframe.
-High Pressure Laminate Trailhead Sign: 10-year factory warranty
-Di-Bond Metal Sign with UV laminate coating:1-year factory warranty
-PVC Sign:1-year factory warranty
Trailhead Kiosks:
Kids in Parks has transitioned into using an upright metal kiosk/sign frame with a built-in plate that accepts the brochure holders.
These high-quality kiosk frames come painted from the manufacturer in calors that(probably)align with other sign frames partner
site(s)may be using. Partner sites may opt to use a similar kiosk/sign frame in an alternative style:wall mounted or 45'/60'
cantilever with brochure holder bracket mounts for each leg.
Partner sites may also choose to construct their own kiosk/sign frame;or,with appropriate permissions,utilize an existing
kiosk/structure.However,this option may void the sign manufacturer's warranty.
Brochure Holders:
Kids in Parks provides a 1-year warranty against defects in the brochure holders it provides. Such defects may include breaking due
to natural causes,delamination of glue,weathering,leaking,etc.After one year, partners that have opted-in to the Annual Fee
receive extended warranties of these materials for up to five years,while their Annual Fee membership is active.Partners that have
opted to not pay the annual fee will be charged$30+shipping for new brochure holders. Brochure holders that have been
maliciously vandalized by park visitors are EXPLICITLY EXCLUDED FROM THIS WARRANTY.
Initials: BRPF-KIP City of Roanoke
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue,S.W.,Room 456
Roanoke,Virginia 24011-1536
Telephone: (540)853-2541
0 Fez: (540)853-1145
CECELIA F.MCCOV,CMC E-mail: clerk@r0.nokcv..gov
Cite Clerk CECELIA T.WEBB,CMC
Deputy City Clerk
November 17, 2021
Mrs. Doris Wright
c/o Darnell Wood
102 Briarcliff Drive
Moneta, Virginia 24121
Dear Mrs. Wright:
I am enclosing copy of Resolution No. 42199-111521 naming the basketball facilities at
Booker T. Washington Park located at 1610 Burrell Street, N. W., in the City of
Roanoke, 'The Ricky Renell Wright Basketball Courts."
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, November 15, 2021, and is in full force and effect
upon its passage.
Sincerely,
Cecelia F. McCoy, CMC if
City Clerk
Enclosure
c: Gale Wright (hand-delivered by Council Member Joseph L. Cobb)
Darnell Wood, 102 Briarcliff Drive, Moneta, Virginia 24121
Timothy R. Spencer, City Attorney
W. Brent Robertson, Assistant City Manager for Community Development
Michael D. Clark, Director of Parks and Recreation
C�
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15°i day of November 2021.
No. 42199-111521.
A RESOLUTION naming the basketball facilities at Booker T. Washington Park located
at 1610 Burrell Street, N.W., in the City of Roanoke, "The Ricky Renell Wright Basketball
Courts" in honor of Ricky Renell Wright former basketball standout at Patrick Henry High
School; and authorizing the City Manager or his designee to take such further actions as are
necessary to include placing signage, and/or plaques at the basketball courts.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. In accordance with the policy of City Council established by Resolution No.
37976-121707 adopted on December 17, 2007, regarding the naming of City-owned facilities,
City Council hereby names the basketball courts at Booker T. Washington Park located at 1610
Burrell Street, N.W., in the City of Roanoke"The Ricky Renell Wright Basketball Courts".
2. The City Manager or his designee are authorized to take such other actions as are
necessary to name and identify the Basketball Courts at Booker T. Washington Park located at
1610 Burrell Street, N.W., as the "rhe Ricky Renell Wright Basketball Courts," including the
placement of such signs, lettering and/or memorial plaque.
3. The City Clerk is directed to provide a copy of this Resolution to the family of
Ricky Renell Wright.
ATTEST:
Cu��' . QCs
City Clerk.
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: November 15, 2021
Subject: Request to Name Basketball Facilities at Booker T. Washington Park in
Honor of Ricky Renell Wright
Background:
Mr. Ricky Renell Wright, who recently passed away at the age of 61 , was a Roanoke
native who spent his childhood playing on the basketball courts in Booker T.
Washington Park, 1610 Burrell Street, N. W. Playing on these courts helped Ricky
improve his basketball skills, leading to him becoming one of the premier basketball
players to come from Roanoke and the best to come from the Lincoln Terrace
neighborhood.
Mr. Wright attended Lincoln Terrace Elementary School, Lucy Addison Middle School,
and Patrick Henry High School, where he played basketball for former Patriots
basketball coach, Dick Kepley. Coach Kepley stated for the Roanoke Times newspaper,
"Ricky probably could have played any place in the country. He was that talented. He
was recruited by a lot of schools." During his senior year, he led the West All-Star team
over the East All-team with 23 points. Mr. Wright went on to play college basketball at
Winston-Salem State for Hall of Fame Coach Clarence E. "Big House' Gaines.
Considerations:
The Department of Parks and Recreation is currently transitioning four tennis courts
into three basketball courts and resurfacing the two existing basketball courts in the
upper portion of Booker T. Washington Park. Recognizing Mr. Wright's achievements
through the naming of these courts in his honor and memory will have a positive
influence on those in the Lincoln Terrace neighborhood and the City as a whole.
Recommended Action:
Through Council Resolution No. 37976-121707 regarding the City Policy for the
naming of buildings, streets, parks, and other public facilities, it is recommended that
the basketball courts at Booker T. Washington Park be named the Ricky Renell Wright
Basketball
S��: e
Robert S. C e ,
City Manager
Distribution: Council Appointed Officers
W. Brent Robertson, Assistant City Manager for Community Development
Michael D. Clark, Director of Parks and Recreation
7 Q . l.
,— o V N4
THANK YOU DARNELL FOR YOUR SUGGESTION TO HONOR
RICKY WITH A MEMORIAL PLAQUE AT THE BASKETBALL
COURTS ACROSS FROM LINCOLN TERRACE WHERE HE PLAYED
BALL.
MANY MIGHT NOT KNOW THAT WE BOTH GREW UP NEAR
LINCOLN TERRACE - I LIVED IN THE HUNT MANOR PUBLIC
HOUSING AND YOU AND YOUR SIX SIBLINGS GREW UP DOWN
ON BURRELL STREET IN A FOUR ROOM HOUSE; AND LATER
RELOCATED ON DOWNING STREET ACROSS FROM THE
SCHOOL ADMINISTRATION BUILDING.
IT IS MY PRAYER THAT THIS RECOGNITION OF RICKY WRIGHT
WILL CHANGE THE NARRATIVE IN THAT AREA AND CAUSE
SOME OF THE YOUNG KIDS FROM VILLAGES OF LINCOLN AND
THE SURROUNDING NEIGHBORHOODS WHO HAVE A SIMILAR
LOVE FOR BASKETBALL NOT LET THAT ENVIRONOM ENT
DEFINE WHO THEY ARE; BUT TO WANT BETTER AND WORK
HARDER TO DO BETTER.
YOU AND 1 ARE PROOF OF THAT.
THANK YOU FOR STAYING ACTIVE AND WORKING IN A
POSITIVE MANNER TO CHANGE OUR COMMUNITY.
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue,S.W.,Room 456
Roanoke,Virginia 24011-1536
Telephone: (540)853-2541
F., (540)853-1145
E-mail: elerkC ....lo ve.gov
CECELIAF. Clerk CMC E-mail:
WEBB,CM1iC
City Clerk Deputy Citi Clerk
November 17, 2021
Michael McEvoy
Executive Director
Western Virginia Water Authority
601 South Jefferson Street, #100
Roanoke, Virginia 24011
Dear Mr. McEvoy:
I am enclosing copies of Resolution No. 42200-111521 and Budget Ordinance 42201-
11521, approving a Memorandum of Understanding between the City of Roanoke and
the Western Virginia Water Authority; authorizing the City of Roanoke, Virginia to act as
Fiscal Agent to distribute the COVID-19 American Rescue Plan Act (ARPA) State and
Local Fiscal Recovery Funds (SLFRF) under the Municipal Utility Relief Program on
behalf of the Western Virginia Water Authority.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, November 15, 2021, and is in full force and effect
upon its passage.
Sincerely,
j, M&t
Cecelia F. McCoy
City Clerk
Enclosures
c: Leana Stoltz, Chief Operating Officer, Western Virginia Water Authority, 601 South
Jefferson Street, #100, Roanoke, Virginia 24011
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The IS" day of November 2021.
No. 42200-111521.
A RESOLUTION approving a Memorandum of Understanding between the City of
Roanoke and the Western Virginia Water Authority; authorizing the City of Roanoke, Virginia to
act as Fiscal Agent to distribute the COVID-19 American Rescue Plan Act (ARPA) State and
Local Fiscal Recovery Funds (SLFRF) under the Municipal Utility Relief Program on behalf of
the Western Virginia Water Authority; and authorizing execution of such other documents
necessary to effectuate, deliver, administer, and enforce the Memorandum of Understanding.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The Memorandum of Understanding, a copy of which is attached to the City
Council Agenda Report dated November 15, 2021, that designates the City of Roanoke, Virginia,
to serve as fiscal agent for the Western Virginia Water Authority, is hereby approved and the City
Manager or his designee is authorized to execute the Memorandum of Understanding on behalf of
the City.
2. The City Manager or his designee is authorized to execute such other documents,
in a form approved by the City Attorney, and to take such action as he deems necessary, in order
to effectuate,deliver, administer, and enforce the Memorandum of Understanding on behalf of the
City.
ATTEST:
City Clerk.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 151h day of November 2021.
No. 42201-111521.
AN ORDINANCE to appropriate funding from the United States Treasuryfor the
American Rescue Plan Act (ARPA) — Coronavirus Relief Fund to provide eligible
municipal utility customers financial assistance due to ongoing matters related to the
COVID-19 pandemic, amending and reordaining certain sections of the 2020-2022 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 2020-2022 Grant Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Financial Assistance WVWA ARPA 35-C22-2401-3085 $ 417,282
Revenues
AMERICAN RESCUE PLAN ACT FY21 35-C22-2247-2247 $417,282
Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with.
ATTEST: 11
City Clerk.
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: November 15, 2021
Subject: COVID-19 ARPA SLFRF Municipal Relief Program
Background:
The Western Virginia Water Authority (WVWA) has been awarded funding in the amount
of $417,281 .11 for the COVID-19 American Rescue Plan Act (ARPA) State and Local
Fiscal Recovery Funds (SLFRF) Municipal Utility Relief Program. This program provides
eligible municipal utility customers relief due to ongoing matters related to the COVID-
19 pandemic. Funds will be used to assist eligible Virginia customers with accounts in
arrearages as of August 31 , 2021 and must be expended to cover such obligations no
later than February 28, 2022. Any funds not obligated on or before February 28, 2022
must be returned to the Commonwealth of Virginia.
It is required that each municipal utility system awarded funds partner with a county or
city to act as the fiscal agent to receive funds through the Department of Accounts and
then forward to the partner municipal utility to implement the program for the utility's
customers. The City of Roanoke will serve as the fiscal agent.
Considerations:
City Council action is required for the acceptance and appropriation of COVID-19 ARPA
SLFRF Municipal Utility Relief Program Grant funds on behalf of the Western Virginia
Water Authority.
Recommended Action:
Approving the Memorandum of Understanding to act as fiscal agent on behalf of
WVWA for the COVID-19 ARPA SLFRF Municipal Relief Program and adopt the
accompanying budget ordinance to authorize the Director of Finance to establish a
revenue estimate in the Grant Fund in the amount of $417,282 and appropriate the
same amount in anexpenditure account in the Grant Fund.
y---------
Robert S. Cowell,Jr.
City Manager
Distribution: Clarence Grier, Deputy City Manager for Operations
W. Brent Robertson, Assistant City Manager for Community Development
Amelia C. Merchant, Director of Finance
Michael McEvoy, Executive Director, Western Virginia Water Authority
Leana Stoltz, COO, Western Virginia Water Authority
CFDA No.21.027
MEMORANDUM OF UNDERSTANDING
CITY OF ROANOKE,VIRGINIA
AND
WESTERN VIRGINIA WATER AUTHORITY
THIS MEMORANDUM OF UNDERSTANDING ("Memorandum") is made and
entered into the _ day of October, 2021, by and between the CITY OF ROANOKE,
VIRGINIA("City"),and WESTERN VIRGINIA WATER AUTHORITY("Recipient').
RECITALS
A. On March 11, 2020, the World Health Organization declared Coronavirus
December 2019 ("COVID-19") a global pandemic. In response to the COVID-19 pandemic
disaster,on March 11, 2020, Governor Ralph S. Northam declared a State of Emergency within
the Commonwealth of Virginia,on March 13,2020,President Donald J.Trump declared a national
State of Emergency,and on March 17,2020 the City declared a local State of Emergency.
B. In response to the COVID-19 pandemic disaster, the United States federal
government enacted the Coronavirus Aid,Relief,and Economic Securities Act of 2020("CARPS
Act') to provide funding for numerous programs to address the COVID-19 pandemic disaster,
including$150 billion in assistance to stales, local, territorial, and tribal governments for direct
impacts of the COVID-19 pandemic disaster thorough the establishment of the Coronavirus Relief
Fwd("CRF').The Commonwealth of Virginia received approximately$3.1 billion as its share.
In lune 2020,the Commonwealth of Virginia distributed approximately$8.6 million to the City
("CARES Funds").
C. On March 11,2021,President Biden signed the$1.9 trillion American Rescue Plan
Act("ARP Act')into law.The ARP Act builds upon certain provisions in the CARES Act and the
December Coronavirus Response and Relief Supplemental Appropriations Act(CCRRSA).
D. The Coronavirus State and Local Fiscal Recovery Funds ("SLFRP") was
established by the ARP Act,to provide$350 billion in emergency funding for eligible state,local,
territorial,and Tribal governments.The U.S.Department of the Treasury detailed how these funds
can be used to respond to acute pandemic response needs, fill revenue shortfalls among these
governments,and support the communities and populations hardest-hit by the COV ID-19 crisis.
E. Funds from the SLFRP may be used by state and local governments to cover costs
that:
1. Support public health expenditures, by funding COVID-19 mitigation
efforts, medical expenses, behavioral healthcare, and certain public health
and safety staff;
CFDA No.21.027
2. Address negative economic impacts caused by the public health emergency,
including economic harms to workers, households, small businesses,
impacted industries,and the public sector;
3. Replace lost public sector revenue, using this funding to provide
government services to the extent of the reduction in revenue experienced
due to the pandemic;
4. Provide premium pay for essential workers, offering additional support to
those who have home and will bear the greatest health risks because of their
service in critical infrastructure sectors;and,
5. Invest in water, sewer, and broadband infrastructure, making necessary
investments to improve access to clean drinking water, support vital
wastewater and stormwaler infrastructure, and to expand access to
broadband internet.
F. In response to this funding, the City created Star City Strong: Recovery and
Resiliency Advisory Panel ("Advisory Panel")to make recommendations to City Council for the
distribution of the SLRFP Funds.The Advisory Panel issued a report dated September 20,2021 in
which the Advisory Panel recommended distribution of approximately $64.5 million of SLRFP
Funds to three priorities:People,Places,and Governance.
G. Recipient has proposed to use any distribution of SLRFP Funds it receives from the
City for the purposes set forth in Exhibit A attached hereto and made a part hereof("Purposes")
as permitted under ARP Act.
H. The City is willing to provide Recipient with a distribution of up to $417.291.11
("Funding") for the Purposes, and for no other use or purpose, in accordance with this
Memorandum.
For and in consideration of the mutual promises and obligations set forth in this
Memorandum, including the recitals set forth above which are a material part of this
Memorandum,the sufficiency of which is hereby acknowledged,the parties agree as follows:
ARTICLE I-PURPOSE
The purpose of this Memorandum between the parties is to provide the Funding to
Recipient for the Purposes.
ARTICLE H-GOALS AND OBJECTIVES
Recipient will use the Funding as emergency funds for COVm-19 ARPA SURF
Municipal Utility Assistance Program as regulated by the Virginia State Corporation Commission
for the promotion of the Purposes.Upon execution of this Memorandum,the City will provide the
2
CFDA No,2L027
Funding to the Recipient and the Recipient will immediately implement the programs set forth in
the Purposes.
ARTICLE III-OBLIGATIONS OF THE PARTIES
The parties to this Memorandum agree that the following represents their respective obligations:
A. The City will provide the Funding to the Recipient upon execution of this Memorandum.
B. Recipient will:
1. expend the Funding in accordance with the Purposes after the date of this
Memorandum;
2. maintain detailed records regarding all expenditures of the Funding;
3. provide quarterly status updates to the City of expending the funding by indicating the
progress as: Not Started, Completed less than 50 percent, Completed 50 percent or
more,or Completed;and
4. deliver to the City an annual written report by December I,2022,and every December
I thereafter, to Angie O'Brien at Angela.O'BrienQa RoanokeVa.gov, indicating that
Recipient has expended all of the Funding for the Purposes, including a narrative
explaining how the Funding was spent.If the Funding will not be spent within one year,
provide such report on an annual basis.The narrative must include the following:
a. Demographics served through services provided within the Recipient's service area
including by city quadrant(NW,SE,SW,NE),Roanoke County,Franklin County,
Botetourt County,Towns of Boon"Mill and Fincoslle;
b. List of accounts paid using the Funding.
5. Complete any form or report that the City may develop in the future and to provide any
data, performance measures,outcomes,etc., to the City or to any parry contracted by
the City to collect such information.
6. Agree to participate in any training or development activities associated with
organization capacity building as provided by the City or to any party contracted by the
City to collect such information.
C. In the event that Recipient has not expended or encumbered all of the Funding for the
Purposes by February 28, 2022 in accordance with the limitations of the ARP Act and
guidelines issued pursuant thereto, Recipient shall return to the City the portion of the
Funding that has not been spent or so encumbered by March 1,2022, TIME BEING OF
THE ESSENCE. Recipient also agrees to provide detailed records for review by the City
upon request by the City and at no expense to the City. Recipient acknowledges,agrees,
and represents that Recipient has reviewed Guidelines issued by the United States
Department of the Treasury with respect to the ARP Act and agrees to comply with the
ARP Act,and all applicable rules,regulations,and guidelines promulgated pursuant to the
ARP AOL In the event that an audit or review of the activities of Recipient with respect to
the Funding determines that Recipient failed to comply with any requirements of the ARP
Act and guidelines and regulations promulgated thereto,Recipient shall repay such amount
to the City within ten(10)days of any such determination.
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CFDA No.21.027
ARTICLE IV-INSURANCE
A. Recipient shall obtain and maintain during the life of this Memorandum, the
insurance policies required by this Article. Any required insurance policies shall be effective prior
to the beginning date of this Memorandum.The following policies and coverages are required:
1, Commercial GeneralLiability. Commercial General Liability insurance, written
on an occurrence basis,shall insure against all claims,loss,cost,damage,expense
or liability from loss of life or damage or injury to persons or property arising out
of insured's actions under this Memorandum. The minimum limits of liability for
this coverage shall be$1,000,000 combined single limit for any one occurrence.
2. Wnrkerv' Cnm npe setion. Workers' Compensation insurance covering insured'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 behalf of Recipient. 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 Emit);and$100,000 bodily injury by disease(each
employee).
B. The insurance coverages and amounts set forth in subsections (1) and (2)of this
Article 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)and(2)and it is further agreed that such statement shall be made a part of the
certificate of insurance furnished by Recipient to the City.
ARTICLE V-INDEMNIFICATION
Recipient agrees and binds itself and its successors and assigns to indemnify,keep and hold the
City and its officers,employees,agents,volunteers and representatives free and harmless from any
liability on account of any injury or damage of any type growing out of or directly or indirectly
resulting from any act or omission of Recipient in its administration of the Funding for the
Purposes;the failure,refusal or neglect of Recipient to perform any duty imposed upon or assumed
by Recipient under the terms of this Memorandum or any violation of Federal,State or Local law.
In the event that any suit or proceeding shall be brought against the City or any of its officers.
employees,agents,volunteers or representatives at law or in equity,either independently or jointly
with Recipient on account thereof, Recipient, upon notice given to it by the City or any of its
officers,employees,agents,volunteers or representatives,will pay all costs of defending the City
or any of its officers,employees,agents,volunteers or representatives in any such action or other
proceeding,including attorney's fees. In the event of any settlement or any final judgment being
awarded against the City or any of its officers,employees, agents,volunteers or representatives,
either independently or jointly with Recipient,then Recipient will pay such settlement orjudgment
in full or will comply with such decree,pay all costs and expenses of whatsoever nature and hold
the City or any of its officers,employees,agents,volunteers or representatives harmless therefrom.
4
CFDA No.21.027
ARTICLE VI-TERM OF MEMORANDUM
1c m. This Memorandum shall be from the date on which the parties execute this Memorandum
and through March 31,2025.
ARTICLE VII-NOTICE
Notice. Any notice, request, or demand given or required to be given under this Memorandum
shall,except as otherwise expressly provided herein, be in writing and shall be deemed
duly given only if delivered personally or sent by certified mail,return receipt requested
to the addresses stated below.
To the City: Robert S.Cowell,Jr., City Manager
Room 364,Noel C.Taylor Municipal Building
215 Church Avenue,S. W.
Roanoke,Virginia 24011
To Recipient: Michael McEvoy,Executive Director
Western Virginia Water Authority
Suite 200
601 Jefferson Avenue
Roanoke,VA 24011
Notice shall be deemed to have been given,if delivered personally,upon delivery,and if mailed,
upon the third business day after the mailing thereof.
ARTICLE VIII -MEETINGS
The parties agree that they will meet as necessary upon the request of the City to evaluate the
performance of the Recipient in accomplishing the Purposes through the Funding or addressing
other matters involving this Memorandum.During the term of this Memorandum,Recipient may
direct questions regmding this Memorandum to the City Manager at bob eowelifalroanokeva.eov
or(540)853-2999 or Angie O'Brien at Angela.O'Brien@RoanokeVa.gov or 540-853-5309.
ARTICLE IX—MISCELLANEOUS
Forum Selection and Choice of Law:
By virtue of entering into this Memorandum, Recipient submits itself to a court of competent
jurisdiction in the City of Roanoke,Virginia,and further agrees that this Agreement is controlled
by the laws of the Commonwealth of Virginia and that all claims,disputes,and other matters shall
only be decided by such court according to the laws of the Commonwcakh of Virginia.
5 I
CFDA No.21.027
Entire Agreement:
This Memorandum represents the entire integrated agreement between the parties and supersedes
all prior negotiations, representations or agreements, either written or oral. This Memorandum
shall not be amended or modified except by written instrument signed by the parties.
Drug-free Workplace:
During the performance of this Memorandum, Recipient shall: (i)provide a drug-free workplace
for its employees; (ii) post in conspicuous places, available to employees and applicants for
employment, a statement notifying employees that the unlawful manufacture, sale, distribution,
dispensation, possession, or use of a controlled substance or marijuana is prohibited in its
workplace and specifying the actions that will be taken against employees for violations of such
prohibition; (iii)state in all solicitations or advertisements for employees placed by or on behalf
of Recipient that maintains a drug-free workplace;and(iv)include the provisions of the foregoing
clauses in every subcontract or purchase order of over Ten Thousand Dollars($10,000)so that the
provisions will be binding upon each subcontractor or vendor. For the purpose of this section,a
drug-free workplace means a site for the performance of work done in connection with this
Memorandum.
E ual Employment Opportunity:
During the performance of this Memorandum,Recipient agrees as follows:
(a)Recipient will not discriminate against any employee or applicant for employment because of
race,religion,color,sex,sexual orientation,gender identity,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 Recipient.
Recipient agrees to post in conspicuous places, available to employees and applicants for
employment,notices setting forth the provisions of this nondiscrimination clause.
(b) Recipient, in all solicitations or advertisements for employees placed by or on behalf of
Recipient,will state that Recipient is an equal opportunity employer
(c) Notices, advertisements, and solicitations placed in accordance with federal laws, rales or
regulations shall be deemed sufficient for the purpose of meeting the requirements of this section.
(d) Recipient will include the provisions of the foregoing subsections in every contract or purchase
order of over Ten Thousand Dollars ($10,000) so that the provisions will be binding upon each
contractor or vendor.
Faith Based Organizations:
Pursuant to Virginia as Code Section 2,24343.1, be advised that the City does not discriminate
against faith-based organizations
Compliance with Laws and Regulations and Immigration:
Recipient agrees to and will comply with all applicable federal,stale,and local laws,ordinances,
and regulations,including,but not limited to all applicable licensing requirements,environmental
regulations,and OSHA regulations. Recipient further agrees that Recipient does not and shall not
6
CFDA No.21.027
during the term of this Memorandum;knowingly employ an unauthorized alien as defined in the
Federal Immigration Reform and Control Act of 1986.
Nature of Relationship:
Recipient and the City acknowledge and agree that this collaboration is not intended to create or
establish a legal agency or employment relationship between the City and Recipient. Neither
Recipient nor the City shall be considered an agent, partner, or employee of the other for any
purpose and neither Recipient nor the City shall have any authority to bind the other.
Retention of reports and records:
Recipient shall maintain all books,records,and other documents relating to Memorandum for five
years after the date the Funding has been completely spent.The City and its authorized employees,
agents, and/or representatives, including the Municipal Auditor and the City's outside auditors,
shall have reasonable access to and the right to examine,copy,and/or audit any of such materials
of the other parties during the term of this Memorandum and/or retention period in connection
with this Memorandum.
SIGNATURES APPEAR ON FOLLOWING PAGE
i
i
7
II
CFDA No.21.027
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum dated
November_,2021.
CITY OF ROANOKE�,yiR�
Robert S. Cowell,Jr,City Manager 77
WESTERN VIRGINIA WATER AUTHORITY
By: q ;,U Z 2q� /
Date:
Name: Michael T. McEvo
Title:Executive Director
Approved as to Form:
ASSWa tCity Attorney
8
CFDA No.21.027
EXHIBIT A
PURPOSES
Recipient has proposed to use the distribution of SLFRP Funds to it from the City for the purposes
as permitted under ARP Act and for costs that are incurred after March 3,2021,and:
1. Support public health expenditures, by funding COVID-19 mitigation efforts,
medical expenses,behavioral healthcare,and certain public health and safety staff;
2. Address negative economic impacts caused by the public health emergency,
including economic harms to workers, households, small businesses, impacted
industries,and the public sector,specifically for Pest due utility debt for residential
customers that were 60 days past due as at August 31,2021;
3. Replace lost public sector revenue, using this funding to provide government
services to the extent of the reduction in revenue experienced due to the pandemic;
4. Provide premium pay for essential workers, offering additional support to those
who have borne and will bear the greatest health risks because of their service in
critical infrastructure sectors;or,
S. Invest in water,sewer,and broadband infrastructure,making necessary investments
to improve access to clean drinking water,support vital wastewater and stormwater
infrastructure,and to expand access to broadband internet.
Recipient shall not use the Funding for the same expenses for the same time period that it has
received funding from any other local, state,or federal assistance program.
[ATTACH W-9 FORM]
]ADD APPLICATION,PROPOSAL,OR NARRATIVE HERE:]
9
CFDA No.21.027
INFORMATION SHEET(FOR CITY USE ONLY)
Project Name: Municipal Utility Assistance Program through W V WA
Project Identification Number:35 C22 2401 IPE E023 3085 WVWA
Expenditure Category(1.1-7.4):2.2
Project Description:COVID-19 ARPA SLFRF Municipal Utility Assistance Program as regulated
by the Virginia State Corporation Commission
Project Demographic Distribution: (Will the project serve an economically disadvantaged
community as defined by HUD's Census Tract?)Some
to
CITY OF ROANOKE
OFFICE OF THE CITY ATTORNEY
464 MUNICIPAL BUILDING David L. Collins
215 CHURCH AVENUE, SW Laura M. Carini
ROANOKE, VIRGINIA 24011-1595 Douglas P. Barber,Jr.
Kelsey M. Durkin
Timothy R. Spencer TELEPHONE 540.8531431 Jennifer L. Crook
City Attorney FAX 544853-1221 Assistant City Attorneys
EMAIL rimorhy.spencer@roanokev ,gnv
November 15, 2021
The Honorable Mayor Sherman P. Lea, Sr, and
Members of Roanoke City Council
Re: City Code Amendments Chapter 21, Miscellaneous Offenses
Dear Mayor Lea and Members of City Council:
In an effort to update our City Code to both, conform to the Code of Virginia and address the current
needs of the City, our office reviewed the miscellaneous criminal offenses set forth in Chapter 21 of the City
Code. After reviewing these code sections contained and conferring with the Police Department and other
staff members within the City, we are proposing that significant changes be made to Chapter 21. In this
report, I will provide an overview of the proposed amendments to Chapter 21 and the reasons we
recommend such changes. Many sections within Chapter 21 have not been amended since the City Code
was adopted in 1956.
Purpose of review
The purpose for this review was to better align the City Code with the Code of Virginia while
mirroring the City's principals of equity and inclusion. Several of the Code sections amended and/or deleted
do not reflect accepted societal norms of today. Further, several proposed amendments are made to better
reflect the enforcement norms of the Police Department. In general, the proposed amendments can be
broken into three categories; amendments to reflect that prosecutions of such violations normally occur
under the Code of Virginia; amendments to better incorporate the Code of Virginia; and to delete certain
City Code Sections that are no longer applicable in today's society.
Sections removed because prosecution occurs under the Code of Virginia
A majority of the deleted City Code Sections are deleted because such violations are prosecuted
exclusively under the Code of Virginia. The City Code Sections include violations for prostitution and/or
support thereof(Sections 21-15, 21-17, 21-I8 and 21-18.1), public intoxication (Section 21-20), obscenity
(Sections 21-96 through 21-108), unlawful exposure(Sections 21-124 through 21-128), and the regulation of
massage parlors (Sections 21-135 through 21-194). In working with the Police Department, it was
determined that the types of violations listed above were best prosecuted under the provisions of the Code of
Virginia.
Sections amended to incorporate the Code of Virginia
Many of the proposed amendments to Chapter 21 are intended to better incorporate the Code of
Virginia into our City Code. This is achieved by adding language that incorporates the current version of the
Code of Virginia by reference and any future versions of such sate law, except that any violation designated
a felony in these Acts shall only constitute a Class 1 Misdemeanor. Examples of this type of proposed
amendment include violations for the sale, distribution and possession of controlled substances (Section 21-
9)', inhaling drugs or other noxious chemical substances (Section 21-10), petit larceny (Section 21-11),
shoplifting (Section 21-12), the requirement that certain individuals wear bike helmets (Section 21-32),
gambling (Section 21-33), carrying concealed weapons (Section 21-34), discharging of firearms and/or air
guns (Sections 21-36 and 21-37), the sale of switchblades, blackjacks or toy firearms that discharge blank or
ball charges (Sections 21-38 and 21-39), the sale of weapons to minors (Section 21-40), making loans to
minors (Section 21-43), and indecent exposure (Section 21-44). While remaining a part of our City Code,
these violations arc often prosecuted under the Code of Virginia. However, it is the position of our office
and the Police Department that they need to remain as violations under our City Code.
Sections that are clearly out of date
The final type of proposed amendment involves those City Code provisions that are simply out of
date or that do not conform to the social norms of today. Some of these City Code Sections are obvious,
such as the fraudulent use of a pay phone (Section 21-22). However, some of the other City Code provisions
are constitutionally vague such as use of abusive language (Section 21-8) or making threats over the phone
(Section 21-11). Still other City Code provisions seek to control the private lives of individuals and may
offend large segments of our society such as the City Code Sections that criminalize adultery and fornication
(Sections 21-12, 21-13 and 21-14). Finally, some of the City Code Sections being eliminated seem a bit silly
and trivial such as spitting on the floor of a public building(Section 21-37). You will note that the violation
for pollution of streams(Section 21-38) is being eliminated. However, an updated version of this violation is
being added to the City Code within Stormwater regulations.
Conclusion
This is a summary of the proposed amendments to Chapter 21 of the City Code. I welcome any input
or questions that City Council might have regarding the proposed changes.
Sincerely,
�pencer
Cit ttomey
TRS/Isc
In this paragraph,all City Code references are to the new code section. In all other paragraphs,the City Code references are to
the old code section,which is often being deleted.
IN THE COUNCIL OF THE CITY OF ROANOKE,VIRGINIA
AN ORDINANCE amending and reordaining Chapter 21, Offenses -Miscellaneous, of
the Code of the City of Roanoke(1979), as amended; providing for an effective date, and
dispensing with the second reading of this ordinance by title.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Chapter 21, Offense-Miscellaneous,of the Code of the City of Roanoke(1979)
as amended,is hereby amended and reordained to read and provide as follows:
sas
Chapter 21 OFFENSES—MISCELLANEOUS
ARTICLE 1. IN GENERAL
Sec. 21-1.Attempt to commit misdemeanor.
Every person who attempts to commit an offense which is a misdemeanor shall be punishable by the same
punishment prescribed for the offense the commission of which was the object of the attempt,except as
otherwise specifically provided.
Sec. 21-2. Obstructing justice by threats or force.
It shall be unlawful and a Class 1 misdemeanor for any person,by threats or force,to attempt to intimidate
or impede a judge,magistrate,justice,juror,witness,officer of a court or law enforcement officer in the discharge
of his duty,or to obstruct or impede the administration of justice in any court.
Sec. 213. Calling ambulance or fire-fighting apparatus Without cause; malicious activation of
fire alarm in public building.
(a) Any person who,without just cause therefor,calls or summons,by telephone or otherwise,any ambulance
or fire-fighting apparatus,shall be deemed guilty of a Class 1 misdemeanor.
(b) Any person who maliciously activates a manual or automatic fire alarm in any building used for public
assembly or for other public use,including,but not limited to,schools,theaters,stores,office buildings,
shopping centers and malls,coliseums and arenas,regardless of whether fire apparatus responds or not,
shall be deemed guilty of a Class 1 misdemeanor.
(c) Upon claim being made therefor and upon certification in writing by the city attorney to the director of
finance,approved by the city manager,of the name of any person who shall furnish to the police department
information directly relating to and resulting in the arrest and final conviction of any other person of an
1
offense committed under this section,there shall be paid to such informer by the city,out of funds
appropriated for the purpose,the sum of fifty dollars($50.00).
Sec.21-4.Automatic police or fire dial alarm systems prohibited.
(a) It shall be unlawful for any person to install,sell,lease or use,or cause or allow to be installed,sold,leased
or used,within the corporate limits of the city,any police or fire telephone dial alarm device or system.
(b) For the purposes of this section,a police or fire telephone dial alarm device or system is defined as being or
consisting of any mechanical,electrical or radio-electronic device or system so made or designed as to
automatically actuate or call any city police or fire department telephone or radio circuit and use a pre-taped
or pre-recorded or programmed verbal message or signal,which operates through overhead or underground
wires or by radio frequencies,and which is set or programmed to directly dial,actuate,call or in any other
manner make direct contact with any telephone line or radio circuit of the police department or fire
department.
(c) Any person violating any provision of this section shall be guilty of a Class 3 misdemeanor.
(d) Nothing contained in this section shall be construed to prohibit the installation,sale,leasing or use of any
alarm device,so long as such device is not designed or programmed to dial,actuate,call or in any other
manner directly contact by telephone or radio circuit the police department or fire department on any
telephone line or radio circuit assigned either such department.
Sec. 21-5. Curfew for persons sixteen years of age or younger.
(a) It shall be unlawful for any person sixteen(16)years of age or younger to loiter,idle,wander,stroll or play in
or upon any public street,highway,alley,sidewalk,park,playground,other public place or upon any vacant
lot or other place unsupervised by an adult having lawful authority to be at such place between the hours of
11:00 p.m.and midnight Sunday through Thursday and between midnight and 5:00 a.m.any day of the
week.The provisions of this section shall not apply to:
(1) Any person sixteen(16)years of age or younger who is accompanied by his parent,guardian or other
adult person to whom he has been temporarily entrusted by his parent or guardian;
(2) Any such person who is upon an emergency errand or legitimate business directed by his parent,
guardian or other adult person to whom he has been temporarily entrusted by his parent or guardian;
(3) Any such person who,with the permission of his parent or guardian,is in attendance at,or going
directly to or directly from an activity sponsored by the city or any department or agency of the city,
any public school,licensed private school or church;
(4) Any such person who,with the permission of his parent or guardian,is at his place of lawful
employment or is going directly to or going directly from his place of lawful employment;or
(5) Any such person who,with the permission of his parent or guardian,is in a motor vehicle for the
purpose of travel through the city.
(b) Whenever any police officeror other officer charged with the duty of enforcing the ordinances of the city
discovers or has his attention called to the fact that a minor may be in violation of this section,such officer
shall make an immediate investigation,including the questioning of the minor,if feasible,for the purpose of
ascertaining whether or not such minor is in violation of this section.If the investigation satisfies the officer
that the minor is in violation of this section,the officer shall cause a report thereof to be made to thejudge
of thejuvenile and domestic relations court.
(c) Any violation of the provisions of this section by a minor shall be disposed of as provided in sections 16.1-
278.4 and 16.1-278.5,Code of Virginia.
2
(b) TM PF-pr etBF GIF Manager-f �-rh place refe!FF�d W in I lh�pt an (a)above sMil hay,posted eenspicueusly,
at F A..F the eRtFanee ef Such P'aEe,a Sign '19 hRld PnPF1 iet less thaA two(2) nphp,;In he ght read ing as
(e) Any person W-lat Ag a-Y PFGV 6 an ef th 5 section shall be gw le,'Of a Cl� 4 M de,pa,,F.
Sec. 21-36. Assault and battery.
Any person who commits a simple assault or an assault and battery upon another shall be guilty of a Class 1
misdemeanor.
li 219 Abusive laAguage
m sdemeanRF,aAd I Pan IBRN Et GA shall be pun shed by f ne net exceed nit f ve hURdFpd(191IMS($500.00).
Sec. 2147. Disorderly conduct in public places.
(a) A person is guilty of disorderly conduct if,with the intent to cause public inconvenience,annoyance or alarm,
or recklessly creating a risk thereof,he:
(1) In any street,highway,public building,or while in or on a public conveyance,or public place engages in
conduct having a direct tendency to cause acts of violence by the person or persons at whom,
individually,such conduct is directed;provided,however,such conduct shall not be deemed to include
the utterance or display of any words or to include conduct otherwise made punishable under this
Code;or
(2) W44yWillfully or being intoxicated,whether wWullywillfully or not,disrupts any meeting of the city
councilor any authority,board,commission,committee or agency appointed by the council,or of any
school,literary society or place of religious worship,if such disruption prevents or interferes with the
orderly conduct of such meeting or has a direct tendency to cause acts of violence by the person or
persons at whom,individually,such disruption is directed;provided,however,such conduct shall not
be deemed to include the utterance or display of any words or to include conduct otherwise made
punishable under this Code.
(b) The person in charge of any such building,place,conveyance or meeting may eject therefrom any person
who violates any provision of this section,with the aid,if necessary,of any persons who may be called upon
for such purposd. I
(c) Any person violating any provision of this section shall,upon conviction,be punished by fine not exceeding
one thousand dollars($1,000.00)or confinement in jail for not more than twelve(12)months,either or both.
Sec. 21409. Public Pretaaityanddrunkenness.
(a) I€aAny person whom is drunk in public he shall be deemed guilty of a Class 4
misdemeanor.
(b) If any person shall be convicted of being drunk in public three(3)times within one(1)year in this city,upon
the third or any subsequent conviction for such offense within the period of one(1)year,such person shall
be guilty of a Class 3 misdemeanor.
3
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Sec.21489_.Sale, distribution, possession,etc.,of controlled substances(drugs).
(a) As used in this section,the terms"controlled substances,"and"Schedules III, IV,V and VI,"and"marijuana"
refer to those terms as they are used or defined in the state Drug Control Act,bekWchapter 1&.434(434-
524.4-54.1-3400 et seq.)of title 54.1 "`o....e Ge de^ef Wg. and the Cannabis Control Act chapters 6-15 14
41-600 et sea )of title 41 of the Code of Virginia(1950)-as amended.the current version and any future
versions of this Article is hereby adopted as part of this City Code except that any violation designated a
felony in these Acts shall only constitute a Class 1 Misdemeanor.
(b) Except as authorized in the Drug Control Act and the Cannabis Control Actreferred to above,it shall be
unlawful for any person to manufacture,sell,give,distribute or possess with intent to manufacture,sell,give
or distribute any controlled substance classified in Schedules III,IV,V or VI within the city. I
(d -
(dc] It shall be unlawful for any person to conspire to commit any offense defined in this section.
(ed) It shall be unlawful for any person to attempt to commit any offense defined in this section.
5
(W Any person violating any provision of this section,except subsection(ejd ,shall be guilty of a Class 1
misdemeanor.Any person violating subsection(ejd shall be guilty of a Class 2 misdemeanor.
aeem�ewnui�,�:e� ,
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Sec. 21,2310. Inhaling drugs or other noxious chemical substances or causing others to do so.
(a) It shall be unlawful for any person to deliberately smell or inhale any drugs or any other noxious chemical
substances,including but not limited to fingernail polish or model airplane glue,containing any ketones,
aldehydes,organic acetates,ether,chlorinated hydrocarbons or vapors,with the intent to become
intoxicated,inebriated,excited,stupefied or to dull the brain or nervous system as articulated in section
18.2-2641A)of the Code of Virginia,119501 as amended the current version and any future versions of this
statute are hereby adopted as Part of this City Code.--Any person violating the provisions of this subsection
shall be guilty of a Class 1 misdemeanor.
(b) It shall be unlawful for any person,other than one duly licensed,to deliberately cause,Invite or induce any
person to smell or inhale any drugs or any other noxious substances or chemicals containing any ketone,
aldehydes,organic acetates,ether,chlorinated hydrocarbons or vapors with the intent to intoxicate,
inebriate,excite,stupillystup_efy or to dull the brain or nervous system of such person as articulated in section
18.2-264181 of the Code of Virginia,(19501 as amended the current version and any future versions of this
statute are hereby adopted as part of this City Code.Any person violating the provisions of this subsection
shall be guilty of a Class 2 misdemeanor.
6
Sec. 214911. Petit larceny.
Any person who:
(1)—Commits larceny from the person of another of money or other things of value of less than five dollars
($5.00);or
(2)Commits simple larceny,not from the person of another,of goods and chattels of the value of less than
one thousancitwe-hundred-dollars($12000.00)as articulated in section 18.2-96 of the Code of Virginia.
119501 as amended the current version and any future versions of this statute are hereby adopted as part of
this City Code.rshall be deemed guilty of petit larceny,which shall be punishable as a Class 1 misdemeanor.
Sec.21-2412.Shoplifting.
(a) Whoever,without authority,with the intention of converting goods or merchandise to his own or another's
use without having paid the full purchase price thereof,or of defrauding the ownerthereof out of the value
of the goods or merchandise:
(1) Willfully conceals or takes possession of the goods or merchandise of any store or other mercantile
establishment,or
(2) Alters the price tag or other price marking on such goods or merchandise,or transfers the goads from
one(1)container to another,or
(3) Counsels,assists,aids or abets another in the performance of any of the above acts,
as articulated in sectio 18.2-103 of the Code of Virginia (19501 as amended the current version and any
future versions of this statute are hereby adopted as part of this City Code
shall be deemed guilty of larceny and,upon conviction thereof,shall be punished as provided by subsection
(b)erg{below.The willful concealment of goods or merchandise of any store or other mercantile
establishment,while still on the premises thereof,shall be prima facie evidence of an intent to convert and
defraud the owner thereof out of the value of the goods or merchandise.
(b) Any person convicted'-••"r-• ".e.�.,�f#st4....�-'•'---f an offense under this section,when the value of the goods or
merchandise involved in the offense is less than one thousand($1000-001 as articulated in section 18.2-96 of
the Code of Virginia 119501 as amended. ,shall be punished as for a Class 1
misdemeanor.
(4)
Wd. and dm tted, or found by the jur� OF jUdge @ efRFP whAm he g tried,that he has been
than twelve (Q)mgnthg
(dc) A merchant,agent or employee of the merchant,who causes the arrest of any person pursuant to the
provisions of this section shall not be held civilly liable for unlawful detention,if such detention does not exceed
one(1)hour,slander,malicious prosecution,false imprisonment,false arrest,or assault and battery of the person
so arrested,whether such arrest takes place on the premises of the merchant or after close pursuit from such
premises by such merchant,his agent or employee;provided that,in causing the arrest of such person,the
merchant,agent or employee of the merchant,had,at the time of such arrest,probable cause to believe that the
person had shoplifted or committed willful concealment of goods or merchandise.
For the purposes of this subsection,"agents of the merchant"shall include attendants at any parking lot
owned or leased by the merchant,or generally used by customers of the merchant through any contract or
agreement between the owner of the parking lot and the merchant- as articulated in sections 18.2-105.1 and 106
of the Code of Vire' (1950)as amended,the current version d any future versions of these statutes are
hereby adopted as part of this City Code
7
Sec.214613. Willful damage to or defacement of public or private facilities.
(a) Defacement defined. Defacement means the unauthorized application by any means of any writing,painting,
drawing,etching,scratching,or marking of an inscription,word,mark,figure or design of any type.
(b) Violation and penalty. It shall be unlawful and a Class 1 misdemeanor for any person to willfully and
maliciously damage or deface any public buildings,facilities and personal property or any private buildings,
facilities and personal property.The punishment for any such violation in which the defacement is(i)more
than twenty(20)feet off the ground,(ii)on a railroad or highway overpass,or(iii)committed for the benefit
of,at the direction of,or in association with any criminal street gang,as that term is defined by section 18.2-
46.1,Code of Virginia,shall include a mandatory minimum fine of five hundred dollars($500.00).
(c) Community service.
(1) Upon a finding of guilt in any case tried before the court without a jury,if the violation of this section
constitutes a first offense which results in property damage or loss,the court,without entering a
judgment of guilt,upon motion of the defendant,may defer further proceedings and place the
defendant on probation pending completion of a plan of community service work.If the defendant fails
or refuses to complete the community service as ordered by the court,the court may make final
disposition of the case and proceed as otherwise provided. If the community service work is completed
as the court prescribes,the court may discharge the defendant and dismiss the proceedings against
him.Discharge and dismissal under this section shall be without adjudication of guilt and is a conviction
only for the purposes of applying this section in subsequent proceedings.
(2) Any community service ordered or directed for a violation of subsection(b)shall,to the extent feasible,
include the repair,restoration or replacement of any damage or defacement to property within the city
and may include clean-up,beautification,landscaping or other appropriate community service within
the city.A designee of the city manager shall supervise the performance of any community service
work required and shall report thereon to the court imposing such requirement.At or before the time
of sentencing,the court shall receive and consider any plan for making restitution or performing
community service submitted by the defendant.The court shall also receive and consider the
recommendations of the supervisor of community service in the city concerning the plan.
(3) Notwithstanding any other provision of law,no person convicted of a violation of this section shall be
placed on probation or have his sentence suspended unless such person shall make at least partial
restitution for such property damage or is compelled to perform community services,or both,as is
more particularly set forth in Code of Virginia section 19.2-305.1.
(d) Authority of city to remove or repair.
(1) The city manager is authorized to undertake or contract for the removal or repair of the defacement of
any public building,wall,fence or other structure or any private building,wall,fence or other structure
where such defacement is visible from any public right-of-way.
(2) Prior to such removal,the city manager shall give notice to the owner and lessee,if any,of any private
building or facility that has been defaced that,within fifteen(15)days of receipt of such notice,if the
owner or lessee does not clean or cover the defacement or object to the removal of the defacements,
the city may clean,cover,or repair the defacement.
(3) Except as provided herein,all such removal or repair,unless undertaken by the property owner,shall
be at the expense of the city;provided however,that the removal or repair work may be undertaken
by volunteers or individuals required to perform community service by order of any court,under
appropriate city supervision.
(4) If the defacement occurs on a public or private building,wall,fence,or other structure located on an
unoccupied property,and the city,through its own agents or employees,removes or repairs the
defacement and after complying with the notice provisions of this section,the actual cost or expenses
thereof shall be chargeable to and paid by the owners of such property and may be collected by the
city as taxes are collected.
8
(5) Every charge authorized by this section with which the owner of any such property shall have been
assessed and that remains unpaid shall constitute alien against such property,ranking on a parity with
liens for unpaid local taxes and enforceable in the same manner as provided in Articles 3(§58.1-3940
et seq.)and 4(§58.1-3965 et seq.)of Chapter 39 of Title 58.1,Code of Virginia.The city manager,or
city manager's designee may waive and release such liens in order to facilitate the sale of the property.
Such liens may be waived only as to a purchaser who is unrelated by blood or marriage to the owner
and who has no business association with the owner.All such liens shall remain a personal obligation
of the owner of the property at the time the liens were imposed.
(6) The court may order any person convicted of unlawfully defacing property described in subsection(b)
to pay full or partial restitution to the city for costs incurred by the city in removing or repairing the
defacement.
(7) An order of restitution pursuant to this section shall be docketed as provided in section 8.01-446,Code
of Virginia,when so ordered by the court or upon written request of the city and may be enforced by
the city in the same manner as a judgment in a civil action.
Sec. 214614. Injuring,tampering with,etc.,vehicles,aircraft, etc.,of another.
(a) It shall be unlawful for any person,individually or in association with one(1)or more others,to willfully
break,injure,tamper with,or remove any part or parts of any vehicle,aircraft,boat or vessel,for the
purpose of injuring,defacing or destroying such vehicle,aircraft,boat or vessel,or temporarily or
permanently preventing its useful operation,or for any purpose against the will or without the consent of
the owner of such vehicle,aircraft,boat or vessel,or to in any other manner willfully or maliciously interfere
with or prevent the running or operation of such vehicle,aircraft,boat or vessel.
(b) It shall be unlawful for any person,without the consent of the owner or person in charge of a vehicle,
aircraft,boat,vessel,locomotive or other rolling stock of a railroad,to climb into or upon such vehicle,
aircraft,boat,vessel, locomotive or other rolling stock of a railroad,with intent to commit any crime,
malicious mischief or injury thereto,or while a vehicle,aircraft,boat,vessel,locomotive or other rolling stock
of a railroad is at rest and unattended,to attempt to manipulate any of the levers and starting crank or other
devices,brakes or mechanism thereof or to set such vehicle,aircraft,boat,vessel,locomotive or other rolling
stock of a railroad in motion,with the intent to commit any crime,malicious mischief or injury thereto.This
subsection shall not apply when any such act is done in an emergency or in furtherance of public safety or by
or under the direction of an officer in the regulation of traffic or performance of any other official duty.
(c) The provisions of this section shall not apply to a bona fide repossession of a vehicle,aircraft,boat or vessel
by the holder of a lien thereon or by the agents or employees of such lienholder.
(d) A violation of any provision of this section shall constitute a Class 1 misdemeanor.
Sec.21-2115. Posting advertisements, signs, etc.,on property of another.
If any person shall put up or cause or direct another to put up any showbill, notice or advertisement,or
brand or mark any sign,letters or characters,upon any building,window,wall,fence,utility pole or other property
of another person,or of the city,without first obtaining the consent of the owner or person in charge or control of
such property,he shall be guilty of a Class 4 misdemeanor.
Sec. 214916. Placing advertising matter on or in vehicle of another.
It shall be unlawful for any person to place in,or attach to or on,or cause to be placed in,or attached to or
on,any motor vehicle any handbill or other advertising matter,without the consent of the owner of such vehicle.A
violation of this section shall constitute a Class 4 misdemeanor.
9
Sec. 214917.Trespass or encroachment on city property.
Any person who shall trespass upon any public property of the city,not used for public thoroughfares,
passageways or for uses of the public,or who shall deposit materials or encroach upon any such property owned,
held or controlled by the city shall be guilty of a Class 4 misdemeanor.
Sec.21-3918. Forcibly taking possession of city building.
Any person who shall forcibly take possession of any room or building or part of a building belonging to or
under the control of the city shall be guilty of a Class 1 misdemeanor.
Sec. 21-3119. Entering vacant building without consent.
Any person who shall enter any vacant dwelling,barn,stable or other building,without the consent of the
ownerthereof,shall be guilty of a Class 4 misdemeanor.
Sec. 21-3&20 Entering or remaining on property of another after having been forbidden to do
SO.
(a) If any person shall,without authority of law,go upon or remain upon the lands, buildings or premises of
another,or any part, portion or area thereof,after having been forbidden to do so,either orally or in writing,
by the owner,lessee,custodian or other person lawfully in charge thereof,or after having been forbidden to
do so by a sign posted on such lands,buildings,premises or part,portion or area thereof at a place where it
may be reasonably seen,he shall be deemed guilty of a Class 1 misdemeanor.
(b) Any owner,lessee,custodian,or person lawfully in charge as those terms are used in section 18.2-119 of the
Code of Virginia,of real property may,in writing on a form prescribed by the chief of police,designate the
Police department as a person lawfully in charge thereof,for the purpose of forbidding another to go or
remain upon the lands,buildings or premises of such owner.Such designation shall include a description of
the land(s),building(s),or premises to which it applies;shall reference the period of time during which time
it is in effect;and shall be kept on file in the office of the chief of police or in such other location within the
police department as the chief of police deems appropriate.
Sec.214321. Instigating, etc., trespass by others; preventing service to persons not forbidden
on premises.
If any person shall solicit, urge,encourage,exhort,instigate or procure another or others to go upon or
remain upon the lands,buildings or premises of another,or any part,portion or area thereof,knowing such other
person or persons to have been forbidden,either orally or in writing,to do so by the owner,lessee,custodian or
other person lawfully in charge thereof,or knowing such other person or persons to have been forbidden to do so
by a sign posted on such lands,buildings,premises or part,portion or area thereof at a place where it may
reasonably be seen;or if any person shall,on such lands,buildings,premises or part,portion or area thereof,
prevent or seek to prevent the owner,lessee,custodiIn,person in charge or any of his employees from rendering
service to any person not so forbidden,he shall be deemed guilty of a Class 1 misdemeanor.
its use,
10
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permanent or temp-F-FY,5 1h person shall be gi Ay Af�Class 1 m sclewearer
.. 21 ao Pal'.Wanof stFe@M
-,h qrp,m R a manneF that Will allow aRY Pan Rm Rf g -�h WbSIEBREes sulbspal pntly to seep eF be washed
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(13) ARY peFsen ViRlatFAg aRy PFGViS 9R of this seetion shall be guilty Rf R Glass 4
Fn4selemeaR91P.
Sec. 21-8622. Nuisances generally.
Any person who shall cause or permit the existence of any public nuisance not otherwise specified in this
Code shall be deemed guilty of a Class 4 misdemeanor for each day the nuisance shall continue after due notice to
correct,remove or abate the same.
Sec. 214623.Abandoned or discarded refrigerators and other airtight containers.
(a) It shall be unlawful for any person to discard,abandon,leave or allow to remain in any place any icebox,
refrigerator or other container,device or equipment of any kind with an interior storage area of more than
two(2)cubic feet of clear space which is airtight,without first removing the door or doors or hinges from
such icebox,refrigerator,container,device or equipment.
(b) This section shall not apply to any icebox,refrigerator,container,device or equipment which is being used
for the purpose for which it was originally designed,or is being used for display purposes by any retail or
wholesale merchant,or is crated,strapped or locked to such an extent that it is impossible for a child to
obtain access to any airtight compartment thereof.
(c) Any violation of the provisions of this section shall constitute a Class 3 misdemeanor.
11
Sec.21-40424. Reserved.
Sec. 21-40425. Electric fences.
(a) As used in this section, "electric fence"shall mean a fence designed to conduct electric current along one(1)
or more wires thereof so that a person or animal touching any such wire or wires will receive an electric
shock.
(b) Except as hereinafter provided,it shall be unlawful for any person to electrify,operate or use any electric
fence,or for any person exercising supervision or control over any real property to permit any other person
to electrify,operate or use any electric fence,on any property in this city zoned for residential use.
(c) This section shall have no application to any electric fence maintained,operated or used on the premises of
any farm five(5)acres in size or larger,regardless of zoning.As used in this section,"farm"shall mean a
parcel of land devoted to production for sale of plants or animals or to the production of plant or animal
products useful to man.
(d) Violation of this section shall constitute a Class 4 misdemeanor.
Sec. 21-2644. Reserved.
Sec. 21-4-127. Unlawful use of sound equipment in buildings or other premises.
(a) It shall be unlawful for any person to maintain and operate in any building or on any premises in the city any
radio device or mechanical musical Instrument or device of any kind whereby the sound therefrom is cast
directly upon the public streets and public places,and where such device is maintained for advertising
purposes or for the purpose of attracting the attention of the passing public.
(b) The provisions of this section shall not apply to the following:
(1) Music,bells or chimes which are part of a bona fide religious service,observation or other such
religious event.
(2) The striking of clocks.
(c) The city manager may issue from time to time,in his discretion,permits for the use of such sound equipment
as is otherwise prohibited by this section.Such permits may be issued subject to such restrictions as may be
deemed reasonable by the city manager.
(d) Any person who violates this section or any provision hereof shall be guilty of a Class 4 misdemeanor.
Sec.21-"28.Operation of drive-in theaters prohibited between certain hours.
It shall be unlawful for any person to conduct or participate in the conduct of any drive-in theater or other
public entertainment within the city,between the hours of 1:00 a.m.and 6:00 a.m.,where any members of the
audience are required or permitted to view or participate in such entertainment from parked automobiles or any
other private vehicular conveyance.Any person violating the provisions of this section shall be deemed guilty of a
Class 4 misdemeanor.
Sec. 21-43.329. Prohibition against operation of certain lighted athletic facilities after 10:00
p.m.
No person shall play or permit to be played any game of baseball,softball,soccer,football,or any other
game or sport,on any lighted field,court,athletic facility or playfield,regardless of whether such facility or
playfield is owned by this city or any other political subdivision of the commonwealth or any private person,within
the boundaries of the city,or permit such field,court,athletic facility or playfield,to remain lighted,after the hour
of 10:00 p.m.,if such field,court,athletic facility or playfield,is located,wholly or partially,within a district of the
city zoned R,Residential Single-Family District,as defined by this Code or if the boundaries of the parcel on which
such field,court,athletic facility or playfield is located are immediately contiguous to another parcel zoned R,
12
Residential Single-Family District,as defined by this Code.Any person violating this section shall be guilty of a Class
4 misdemeanor.In addition,any such violation is hereby declared a public nuisance and any person suffering injury
or damage therefrom may seek the correction,removal or abatement of such nuisance through appropriate suit in
equity.
mewed
Sec.21-4530. Urinating, defecating in public.
(a) It shall be unlawful for any person to urinate or defecate in or on any sidewalk,street or in any public place,
or in any place where other persons are present,unless such urination or defecation be in a bathroom,
restroom or other facility specifically designed for such purpose.
(b) Any person violating the provisions of this section shall be guilty of a Class 4 misdemeanor.
Sec. 21.4631. Evening door-to-door sales; limitations.
(a) No person offering any item or service for sale within the city,when such person goes from one(1)place of
human habitation to another without a prior appointment with the inhabitants thereof offering such item or
service for sale,shall do so between the hours of 9:00 p.m.in the evening and 8:00 a.m.in the morning.
(b) As used in this section,the term"prior appointment'shall mean an appointment to offer any item or service
for sale for which the express consent of an inhabitant of the particular place of human habitation where the
offer is to be made has been given in advance of the offeror's arrival at the place of habitation where the
item or service is to be offered for sale,provided no person shall go from one(1)place of human habitation
to another soliciting appointments between the hours of 9:00 p.m.and 8:00 a.m.in the morning.
(c) The provisions of this section shall not apply to:
(1) Persons licensed by the state under Title 3842 Insurance,Code of Virginia(1950),as amended,when
such persons are selling insurance.
(2) Persons offering newspapers for sale.
(3) Persons offering fresh farm products for sale.
(d) Any person violating this section shall be guilty of a Class 4 misdemeanor.
Sec.21-47-32. Bicycle helmets.
(a) As allowed by 6 46.2-906.1,of the Code of Virginia(1950) as amended the current version and any future
versions of this statute is hereby adopted as part of this City Code eEvery person fourteen(14)years of age
or younger shall wear a protective helmet that meets the standards promulgated by the American National
Standards Institute or the Consumer Product Safety Commission 8R&�whenever riding
or being carried on a bicycle on any highway as defined in section 46.2-100,Code of Virginia(1950),as
amended,sidewalk,or public bicycle path.
(b) Violation of this section shall be punishable by a fine of twenty-five dollars($25.00). However,such fine shall
be suspended for:
(1) First-time violators;and
(2) For violators who,subsequent to the violation but prior to Imposition of the fine,purchase helmets of
the type required by this section.
13
SO-9
ARTICLE ll. GAMBLING
Sec.21-33.Gambline
Gambling shall not be allowed in the City of Roanoke,except as it is allowed and regulated by Art le 1 of Chapter 8
144 18.2-325-340.371 of the Code of Virginia(1950) s amended the current version and any future versions of
this Article is hereby adopted as part of this City Code except that any violation designated a felony in this Article
shall be a Class 1 misdemeanor.
Sec.21-66.-Defiwlltlons.
�Wl net be deemed gambi ng devices.
adaptab 1 ty as such,they WaY 214Q 4Pll RF del VeF semeth'Ag Pfwalwe en a bas s atheF than PMRPP
Y'hPth.F such game,contest -F WMt....H F iq W A PPwr A�WP AF R WdP thP I'm'"Af th 4 p tyj 5hall GeRstitute
SEE4 2157. -ng ffHffo.lr
gambl Rg.
14
s
.ed i.ve. illegal ..e—.Ll'....
and,b'f order,sirall m4A A -rh d spe5 tion of RthoF PrOpPqy 56 fOFfe red as the equFt deem, PF-P-5 nGlUd RO
a a d sf such PF�P�Fof W wy state or city�pRoy of rhff table orgaR 2at on for-,.,f.1 pufpese&,or4n case-ekhe
sale thereof,th�prorppd�therefrom te be paid O"ff to th� crty.Sush farrfit Fp qhA not eirtingu sh the F ghts ,
-de e.aWeSee. 2163 Exemptions fFem sectmQAS 23 96 _
b... .d. 2162 CORtests of e..--d ..•skill.
men,�n'wm�,f,, I or -& ries,where Part C P�Rt�M.)-F-se'Ve pr ZeS BF d fferent po,E,Rtages of a purse,
See. 2164 SaFAq GameS of GhaRGe in Private rde..vee
SeG 2165 Same Wrige games and raff1p; ceAd 'CtPd 'A 2CMGFd2ACP MAI; state l2w
..be played
2
9 Pgo and n5tant hinge g@Me�(thp forego Be terms be Rg def ned by�Ppt AR 39� MO 16,Code of V Fgin g
15
ARTICLE Ill. WEAPONS
Sec.21-3478. Carrying concealed weapons.
It shall be illegal to carry a concealed weapon in the City of Roanoke,except as it is allowed and regulated b
Article 6.3 of Chapter 7(66 18.2-307.1—308.091 of the Code of Virginia 119501 as amended the current vers
on
and any future versions of this Article is hereby adopted as cart of this City Code except that any violation
designated a felony in the Code of Virginia shall only constitute a Class 1 misdemeanor.
{�
9P;Pd by An R(ficer as fWfeitpd, and�Hrh as may be needed f0F PRI 9P off seFS and coAseFYARM Afthe
Pen";shall be deveted tq that p rpngp, gHd the Femai idpF shall he deStFeyed by the off rPF hg,,iRg them R
charge:
ff _
n.
(H) Thi�section shall not apply te an),P-FIRR he has Is'-A 9F�Htpd peFM ssion W GaFff`a�
,,,,d with,Fate-lax•:
Sec. 214935. Minors carrying guns.
It shall be unlawful for any minor to carry about his person,concealed or otherwise,along or within any of
the public streets,public parks or public places within the city,any gun,rifle or pistol,including air and"88"guns
and pistols,unless constantly accompanied by a patient,guardian or adult official of an organized youth club or
organization.Any person violating this section shall be guilty of a Class 4 misdemeanor.
Sec.21-8936. Discharging firearms.
Discharging any firearm in the City of Roanoke,shall be unlawful as it is prohibited by 618.2-280 of the Code of
Virginia(19501 as amended the current ve 'on and any future versions of this section is hereby adopted as part
of this City Code except that any violation designated a felony in the Code of Virginia shall only constitute a Class 1
misdemeanor.
16
Sec. 2148137. Discharge of air gun, gravel shooter, pneumatic gun, etc.
As authorized by,and not inconsistent with,6 15.2-915.4 of the Code of Virginia 119501 as amended,the following
is implemented within the City of Roanoke.
(a) Any person who shall,anywhere within the city,discharge shot,stones,gravel,bullets or any similarthing
from a gravel shooter,air gun,pneumatic gun or other similar implement shall be guilty of a Class 4
misdemeanor, unless otherwise permitted by this section.
(b) Subsection(a)shall not prohibit the use of a pneumatic gun at a facility approved for shooting ranges,or on
or within private property with permission of the owner or legal possessor thereof when conducted with
reasonable care to prevent a projectile from crossing the bounds of the property.
(c) Subsection(a)shall not prohibit the establishment of commercial or private areas designated for use of
paintball guns for recreational use in accordance with all applicable requirements. Equipment designed to
protect the face and ears shall be provided to participants at such recreational areas,and signs shall be
posted to warn against entry into the paintball area by persons who are unprotected or unaware that
paintball guns are in use.
(d) As used in this section,the term,"pneumatic gun' means any implement,designed as a gun,that will expel a
BB or a pellet by action of pneumatic pressure.The term"pneumatic gun"includes a paintball gun that
expels by action of pneumatic pressure plastic balls filled with paint for the purpose of marking the point of
Impact.
(e) All uses of a pneumatic gun otherwise allowed under this section by a minor below the age of sixteen(16)
years shall be under the supervision of a parent,guardian,or other adult supervision approved by the
minor's parent or guardian.
(f) All minors,when permitted by a parent or guardian to use a pneumatic gun,shall be responsible for obeying
all laws,regulations,and restrictions governing such use.
(g) The training of minors in the use of pneumatic guns shall be done only under direct supervision of a parent,
guardian,or a certified Instructor.Training of minors above the age of sixteen(16)may also be done without
direct supervision if approved by the minor's instructor,with the permission of and under the responsibility
of a parent or guardian,and in compliance with all requirements of this section.Instructors may be certified
by the National Rifle Association,a state or federal agency that has developed a certification program,any
service of the Department of Defense,the Junior Reserve Officer Training Corps,American Legion,4-H,the
Civilian Marksmanship Program,Boy or Girl Scouts,USA Shooting,and similar groups approved by the chief
of police,or any person authorized by these entities to certify instructors.
(h) All training and shooting shall take place either indoors at a range deemed safe for such use by the minor's
certified instructor,or outdoors at a facility meeting the requirements of subsection(b)above. I
Sec. 21.8338. Sale, delivery, etc.,of blackjacks, metal knucks,switchblade knives and similar
weapons.
The sale delivery,barter,giving or furnishing etc.of blackjacks,metal knucks switchblade knives and similar
weapons shall be prohibited in the City of Roanoke as articulated by b 18.2-311 of the Code of Virginia(1950)as
amended the curet version and any future versions of this section is hereby adoloted as part of this City Code
17
Sec.21-8839. Sale, etc., of toy firearms discharging blank or ball charges.
The sale,delivery.barter,giving or furnishing etc of tay firearms discharging blank or ball charges shall be
prohibited in the City of Roanoke as articulated i618 2-284 of the Code of Vir " la(1950)as amended,the
current version and any future versions of this section is hereby adopted as part of this City Code,
W
separate se.
Sec. 21-8440. Sale or delivery of weapons to minors.
The sale,deliverybarter,giving or furnishing etc of a handgun,dirk,switchblade knife,or bowie knife t
o a
minor shall be Prohibited in the City of Roanoke as detailed by 518 2-309 of the Code of Virginia 119501 as
amended the current version and any future versions of this section is hereby adopted as Part of this City Code,
except that any violation designated a felony this Section of the Code of Virginia shall only constitute a Class 1
misdemeanor.
Sec. 21-8691.Transporting a loaded rifle or shotgun.
It shall be unlawful for any person to transport,possess or carry a loaded shotgun or loaded rifle in any
vehicle on any public street,road or highway within the corporate limits of the city.The provisions of this section
shall not apply to duly authorized law enforcement officers or military personnel in the performance of their lawful
duties,nor to any person who reasonably believes that a loaded rifle or shotgun is necessary for his personal safety
in the course of his employment or business.Any violation of this section shall be punishable by a fine of not more
than one hundred dollars($100.00).
rags 11 96 2196 ...J
ARTICLE IV. OBSCENITY
Sec. 21-42. Obscenity Possession publication distribution exhibition etc
It shall be illegal to possess,publish,distribute exhibit etc.,obscene material in the City of Roanoke to
the extent that it's Prohibited by Article 5 of Chapter 8155 18.2-372-389 of the Code ofVirgmi.11950)as
amended,the current version and any future versions of this Article is hereby adopted as part of this City Code
except that any violation designated a felony in this Article of the Code of Virginia shall only constitute a Class 1
misdemeanor.
SLC 11 96 "0136.L_.."
y __
18
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�so-- 33 97 obssinge ,
19
o,.b:b:,,__ ._._..pa to
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21 101, ObsGene pl@Ga-dg. p9opm, hills, etc,
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20
a,.e��
Sees 21 110 21 129 ReseFued
DIVISION 1. PROHIBITED SALES AND LOANS TO JUVENILES
Sec.21-43. Prohibited Sales and Loans to Juveniles.
It shall be unlawfultosell or loan to iu a Iles in the City of Roanoke to the extent that it is prohibited by
Art cle 6 of Chapt 816618 2-390-39111 of the Code of V' ¢nia 119501 as amended the current version and any
future versions of this Article is hereby ad Pted as Part of this City Code except that any violation designated a
felony in this article of the Code of Virginia shall only constitute a Class 1 misdemeanor.
C.C-23. 122.9elinitiens.
f-.d
M
21
1t . . _
qiffl'll.t A-F ffB Sak
(d) It shall he wnla%-Wl feF
23 Q5 WG-pliom6lFQmdIWkl-,
I
'�,
DIVISION 3. UNLAWFUL EXPOSURE AND FACILITATING UNLAWFUL EXPOSURE
Sec 21-44 Indecent E.posure
22
Indecent exposure shall be unlawful in the City of Roanoke to the extent that it is Prohibited by 4 182-387 of the
Code of Virginia(1950)as amended,the current version and any future versions of this Section is hereby adopted
as Part of this City Code.
Sec.11 "4.�finitiens
`pro'.gear
a. .
Ph"Sal baFFiff-t'..q f. IF(4)feet in hei 'it and located se as to m, nta R at dea�s ii(6)feet-f�-p-rat an
The pFG 138tlRR qmP d ens.
(2{ rte, -e- - - i
ARTULE V. nccnr_c PARI noc
PI I C FAI con ycon v
23
4
SeE 21 14 4. Massage b�'PPHRR of
osite sex.
YY
lh!FRpraCt9F, estes path, phyw,�'theFap St duly liceAsed by thp mm,,ffi�SSage the Fap!St eight.PR (18)�eaFS Bf ag�
(d) An� pemen who shall ,M�jp �ny f th�pre,6 ens of th��,,t m shall be guilty ef Gl�A m W,m,noF
ism 149 e.., steF.
Sees.
nvcOA i PARn„ `
iev>_ 156 ReqU Fed
Spp PI 3W Applieatien;
cee a 158lRyestigatioR Of@P .
d-my__thp __
SeG. 21 '`9. Pee.
26
4:he fee fRF A PPFM t FPq liFed by W5 d-;son h-11 he.�PF�'UihPd frOW t met,tim,hy the elty eeunGil Sulh f--
see. 21 160 !AwAnsp OF a__w,
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Sees. 21 U4 PI 17.4 a
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See. 21 4:76. AppliEaties-
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27
cp.. " +7o.?_.....
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is �+ + W o)(A . Rgtign Af app! Gant.
EyeFY aPPI GaRt f9F R health 6aFd FeqWiFed hy this division shall UREleFgG a PhYSFeal
pplieaRt shall fuFA sh te the city manageF @ eeFtifigate, based upon and sm ied w thin thiFty(39)
cAmmunmeatiRg any . digpA
MARthg thPFPRfAPF
i+ 193 issuance 9" Fef gal
Ser O+ +94 f ..
pens 9A.
ARTICLE VI. TEENAGE DANCE HALLS AND TEENAGE NIGHTCLUBS
28
Sec. 21.39645. Definitions.
Teenage dance hall shall mean anyplace in which dances that are attended primarily by teenagers are
regularly held or conducted,whether admission thereto is by a set admission charge,by the donation of money or
by no charge.
Teenage nightclub shall mean any establishment in which primarily teenagers regularly gather,either to
participate in dancing or to observe live entertainment,whether admission thereto is by a set admission charge,by
the donation of money or by no charge.
Teenager or teenage person shall mean a minor who is between the ages of thirteen(13)and nineteen(19)
years of age.
Sec.21-39646. Permit required.
(a) It shall be unlawful for any person to engage in the business of operating a teenage dance hall or teenage
nightclub without first having procured a permit so to do in accordance with this article,which permit shall
be obtained from the city manager on satisfactory evidence that the applicant is a proper person to receive
the same.Such permit may be revoked at any time by the city manager upon a finding that the operation of
the teenage dance hall or teenage nightclub contravenes public safety,peace,and order,becomes public
nuisance,disturbs the peace or upon the failure of the permit holder to comply with the requirements of this
article.A permit to operate a teenage dance hall or teenage nightclub shall be nonassignable and
nontransferable and valid until revoked.
(b) There shall be an appeal to city council both from the action of the city manager in refusing to grant such a
permit to the person applying therefor and from the action of the city manager in revoking such a permit
after the granting of the same.Such appeal shall be by written application directed to city council and
delivered to the city clerk within ten(10)days from the refusal of the city manager to grant such permit or
within ten(30)days from his revocation of the same,as the case may be.In event of an appeal to city
council,the decision of the city manager shall not be reversed unless city council be of the opinion that the
city manager acted arbitrarily in the matter or without sufficient or satisfactory evidence.
Sec. 21.38347. Investigation.
Prior to the issuance of any permit to operate a teenage dance hall or teenage nightclub a background
investigation shall be conducted by the City of Roanoke Police Department on the applicant seeking to operate a
teenage dance hall or teenage nightclub.All employees of said teenage dance hall or teenage nightclub shall
likewise be required to have a police background investigation conducted on them.No applicant shall be issued a
permit to operate a teenage dance hall or teenage nightclub and no person shall be employed by a teenage dance
hall or teenage nightclub if such person has been convicted of a crime of moral turpitude;any crime involving the
sale,attempted sale or possession of any controlled substance with the intent to distribute;or any sexual offense
or crime relating to obscenity.The names of all individuals who have been issued a permit to operate a teenage
dance hall or teenage nightclub shall be maintained on file with the chief of police.
Sec.21.39948. Regulation of teenage dance halls or teenage nightclubs.
No teenage dance hall or teenage nightclub shall be operated except as follows:
(1) No teenage dance hall or teenage nightclub shall operate prior to 12:00 noon on any given day,nor
shall it operate after 12:00 midnight on any given day.At 12:00 midnight the premises shall be vacated
except for registered employees.
(2) Persons having reached the age of twenty(20)years or over shall not be allowed to enter a teenage
dance hall or teenage nightclub unless they are an employee or a parent or legal guardian of a person
attending such teenage dance hall.
(3) The presence of persons under the influence of alcohol or other self-administered drugs,narcotics or
controlled substances on the premises of said teenage dance hall or teenage nightclub,or,except as
provided in subsection(4)below,the presence of alcohol,drugs,narcotics,controlled substances,or
drug paraphernalia on the premises of said teenage dance hall or teenage nightclub shall be grounds
for the automatic and immediate revocation of the permit to conduct or operate a teenage dance hall
or teenage nightclub. Upon the discovery of any person in possession of alcohol,drug paraphernalia,
narcotics,drugs,controlled substances,or persons under the influence of any of the same on the
premises of said teenage dance hall or teenage nightclub,the city manager,assistant city manager,
chief of police,or his agent may cause all persons in the teenage dance hall or teenage nightclub to
vacate the premises and may close the teenage dance hall or teenage nightclub.
(4) Any person engaged in the business of operating a teenage dance hall or teenage nightclub who also
has a license to sell alcohol from the alcoholic beverage control board for the same premises must lock
and secure such alcohol in such a manner as prescribed by the chief of police or his agent during the
operating hours of the teenage dance hall or teenage nightclub.In addition,any person engaged in the
business of operating a teenage dance hall or teenage nightclub who also has a license to sell alcohol
from the alcoholic beverage control board for the same premises shall have at least two(2)off-duty
law enforcement officers to serve as security both inside and outside the building during the operating
hours of the teenage dance hall or teenage nightclub.
(5) Any person issued a permit to conduct a teenage dance hall or teenage nightclub shall be given a copy
of these regulations and shall sign for and acknowledge receipt of such copy.
(6) No individual to whom a permit to operate a teenage dance hall or teenage nightclub has been issued,
nor any employee of said teenage dance hall or teenage nightclub shall in any way hinder any fire
prevention or law enforcement officer who wishes to inspect the premises of said teenage dance hall
or teenage nightclub at any time said teenage dance hall or teenage nightclub is open.
(7) The operator of any teenage dance hall or teenage nightclub shall provide adequate security to protect
patrons from physical harm and to prohibit the entry upon the premises of alcohol,drugs, narcotics or
other controlled substances and weapons as defined by section 18.2-309,A.,Code of Virginia(1950),as
amended.
(8) A copy of these regulations shall be posted in a prominent location inside the building or premises
wherein a teenage dance hall or teenage nightclub is operated.
(9) Any person violating the provisions of this section shall be guilty of a Class 3 misdemeanor.
Sec.2149949. Operation in manner other than as is provided for in article to constitute
nuisance;violation a Class 3 misdemeanor.
To conduct or to operate a teenage dance hall or teenage nightclub in any manner or mode other than as is
provided in this article shall,in addition to being unlawful,constitute a public nuisance,and be abatable as such,
and this remedy shall be considered a cumulative one,and enforceable by the city in a proper proceeding to be
instituted by,and in the discretion of the city manager.
Violations of this article shall be punishable as a Class 3 misdemeanor.
Sec. 21,20950.Construction of article with reference to license tax.
Nothing in this article shall be construed as exempting any teenage dance hall or teenage nightclub from the
payment of a license tax now imposed or which in the future may be imposed,whether such tax be for the
30
purpose of raising revenue or for regulatory purposes.Such license tax shall be six hundred dollars($600.00)per
annum not proratable on the person or persons operating or conducting any such teenage dance hall or teenage
nightclub.
Sec.21,19151.Construction of article with reference to disturbance of the peace, etc.
Nothing in this article shall be construed as permitting any person to so conduct or operate a teenage dance
hall or teenage nightclub as unnecessarily to disturb the peace,comfort,and ordinary rest of the citizens residing
in the neighborhood of such teenage dance hall or teenage nightclub.
Sec. 21-2952. Permitting indecent behavior.
It shall be unlawful for any person having charge of or conducting any licensed teenage dance hall or teenage
nightclub to permit any person or persons to engage in any indecent,lewd or lascivious behavior in any teenage
dance hall or teenage nightclub.
Sec.21,29153. Exceptions to article provisions.
The provisions of this article shall not apply to dances that are held for benevolent or charitable purposes or
to dances conducted under the auspices of governmental,religious,educational,benevolent,charitable or military
organizations.
ARTICLE VII. NOISE CONTROL
Sec. 21-29454. Declaration of policy.
At certain levels,noise can be detrimental to the health,welfare,safety and quality of life of inhabitants of
the city,and in the public interest noise should be restricted.It is,therefore,the policy of the city to reduce noise
in the community and to prohibit unnecessary,excessive and annoying noises from all sources subject to its police
power.
Sec.21.29555. Definitions.
The following words,when used in this article,shall have the following respective meanings,unless the
context clearly indicates a different meaning:
Motor vehicle means every vehicle defined as a motor vehicle by section 46.2-100,Code of Virginia(1950),as
amended.
Noise disturbance means any sound which by its(character,intensity and duration:
(1) Endangers or injures the health or safety of persons within the city,or annoys or disturbs persons
within the city;and
(2) Can be heard clearly by a person using his or her unaided hearing faculties.Specific examples of
prohibited noise disturbances are set forth in section 21-207 of this Code.
Public property means any real property owned or controlled by the city or any other governmental entity.
Public right-of-way means any street,avenue,boulevard,highway,sidewalk or alley.
Real property boundary means the property line along the ground surface,and its vertical extension,which
separates the real property owned by one(1)person from that owned by another person.
Residential has reference to single-family,multifamily and residential mixed density zoning district
classifications.
Sound means an oscillation in pressure,particle displacement,particle velocity,or other physical parameter,
in a medium with internal forces that cause compression and rarefaction of that medium,and which propagates at
finite speed.The description of sound may include any characteristic of such sound,including duration,intensity
and frequency.
Sec. 21-26656. Noise disturbances—Prohibited generally.
It shall be a Class 2 misdemeanor and a public nuisance for any person to willfully make,permit,continue or
cause to be made,permitted or continued any noise disturbance,including those set forth in section 21-207.
Sec. 21,26;[57.Same—Specific prohibitions.
Subject to the exceptions provided in section 21-208,any of the following acts,or the causing or permitting
thereof,among others,is declared to be a noise disturbance constituting a Class 2 misdemeanor and a public
nuisance,but such enumeration shall not be deemed to be exclusive:
(1) Radios,television sets,musical instruments and similar devices.Operating,playing or permitting the
operation or playing of any radio,amplifier,television,record,tape or compact disc player,drum,
musical instrument or similar device:
a. Between the hours of 10:00 p.m.and 8:00 a.m, in such a manner as to permit sound to be heard
across a residential real property boundary;
b. When the sound source is located within a motor vehicle in or upon public right-of-way or public
property and the sound can be heard more than fifty(50)feet from its source;or
c. Between the hours of 8:00 a.m.and 10:00 p.m.in such a manner as to permit sound to be heard on
residential property more than fifty(50)feet from the boundary line of its source.
(2) Loudspeakers,public address systems and sound trucks.
a. Using,operating or permitting the operation of any loudspeaker,public address system, mobile
sound vehicle or similar device amplifying sound therefrom on a public right-of-way or public
property for any commercial purpose;or
b. Using,operating or permitting the operation of any loudspeaker,public address system,mobile
sound vehicle or similar device amplifying sound therefrom for any noncommercial purpose between
the hours of 10:00 p.m.and 8:00 a.m.such that the sound therefrom creates a noise disturbance
across a residential real property boundary.
(3) Horns, whistles,etc.Sounding or permitting the sounding of any horn,whistle or other auditory
sounding device on or in any motor vehicle on any public right-of-way or public property,except as a
warning of danger.
(4) Explosives,fireworks and similar devices. Using or firing any explosives,fireworks or similar devices
which create Impulsive sound so as to create a noise disturbance across a real property boundary or on
any public right-of-way or public property between the hours of 10:00 p.m.and 8:00 a.m.
(5) Yelling,shouting,etc.Yelling,shouting,whistling or singing between the hours of 10:00 p.m.and 8:00
a.m.so as to create a noise disturbance across a residential real property boundary or on a public right-
of-way or public property.
(6) Schools,public buildings,churches and hospitals.The creation of any noise disturbance within any
school,court,public building,church or hospital or on the grounds thereof.
Sec.21-26858. Same—Exceptions.
Sections 21-206 and 21-207 shall have no application to any sound generated by any of the following:
32
(1) Sound which is necessary for the protection or preservation of property or the health,safety,life or
limb of any person.
(2) Any speech of any kind.
(3) Noncommercial public speaking and public assembly activities conducted on any public right-of-way or
public property for which a permit has been issued by the city.
(4) Radios,sirens,horns and bells on police,fire or other emergency response vehicles.
(5) Parades,fireworks,school-related activities and other special events or activities for which a permit
has been issued by the city,within such hours as may be imposed as a condition for the issuance of the
permit.
(6) Activities on or in municipal and school athletic facilities and on or in publicly owned property and
facilities,provided that such activity has been authorized by the owner of such property or facilities or
its agent.
(7) Fire alarms and burglar alarms,prior to the giving of notice and a reasonable opportunity for the owner
or tenant in possession of the premises served by any such alarm to turn off the alarm.
(8) Religious services,religious events or religious activities,including,but not limited to music,bells,
chimes and organs which are a part of such service,event or activity.
(9) Locomotives and other railroad equipment and aircraft.
(30) The striking of clocks.
ARTICLE VIII. REMOVAL OR REPAIR OF BUILDINGS OR OTHER STRUCTURES
HARBORING ILLEGAL DRUG ACTIVITY
Sec. 21-24959. Definitions.
As used in this article:
Affidavit means the affidavit prepared by the city manager in accordance with section 21-210 hereof.
Controlled substance means the same as that term is defined in section 54.1-3401,Code of Virginia(1950),as
amended.
Corrective action means the taking of steps which are reasonably expected to be effective to abate drug
blight on real property,such as removal,repair or securing of any building,wall or other structure.
Drug blight means a condition existing on real property which tends to endanger the public health or safety
of residents of the city and is caused by the regular presence on the property of persons under the influence of
controlled substances or the regular use of the property for the purpose of illegally possessing,manufacturing or
distributing controlled substances.
Owner means the record owner of real property.
Sec.21-21960.Affidavit and notice requirements.
In addition to enforcement procedures established elsewhere,the city manager is authorized to undertake
corrective action with respect to drug blight on real property in accordance with the procedures described herein.
(1) The city manager shall execute an affidavit,citing section 15.2-907,Code of Virginia(1950),as
amended,and this article,and affirming that drug blight exists on certain property in the manner
described therein;that the city has used due diligence without effect to abate the drug blight;and that
the drug blight constitutes a present threat to the public's health,safety and welfare.
(2) The city manager shall submit the affidavit to the city attorney,requesting that the last known owner
of the property be notified by regular mail sent to the last known address as it appears in the
assessment records of the city.The notice and a copy of the affidavit shall advise the owner that the
owner has up to thirty(30)days from the date thereof to undertake corrective action to abate the drug
blight described in the affidavit and,that if requested to do so,the city will assist the owner in
determining and coordinating the appropriate corrective action to abate the drug blight described in
the affidavit.
Sec. 21-24461. Failure to take corrective action.
If no corrective action is undertaken by the owner of the property within thirty(30)days from receipt of
notice from the city as provided for in section 21-210,the city attorney shall send by regular mail an additional
notice to the owner of the property at the address stated in the assessment records of the city.This final notice
shall state the date on which the locality may commence corrective action to abate the drug blight on the
property,which date shall be no less than fifteen(15)days after the date of mailing of the final notice.Such notice
shall also reasonably describe the corrective action contemplated by the city,and said action may include,but not
be limited to,the removal of the building or other structure so as to abate the drug blight on the property.Upon
receipt of this final notice,the owner shall have the right,upon reasonable notice to the city,to seek equitable
relief,and the city shall initiate no corrective action while a proper petition is pending before a court of competent
jurisdiction.
Sec.21 11262.Assessment of costs.
If the city undertakes the corrective action with respect to the property after complying with the notice
provisions found herein,the costs and expenses thereof shall be chargeable to and paid by the owner of such
property and may be collected by the city in the same manner as taxes and levies are collected.Every charge
authorized by this section with which the owner of any such property has been assessed and which remains unpaid
shall constitute a lien against such property with the same priority as liens for unpaid local real estate taxes and
enforceable in the same manner as provided in articles 3(section 58.1-3940 et seq.)and 4(section 58.1-3965 et
seq.)of chapter 39,title 511.1 of the Code of Virginia(1950),as amended.
Sec. 21213 3.Corrective action by owner.
If the owner of such property takes timely corrective action pursuant to this article,the city shall deem the
drug blight abated and shall close the proceeding without any charge or costs to the owner and shall promptly
provide written notice to the owner that the proceeding has been terminated satisfactorily.The closing of a
proceeding shall not bar the city from initiating a subsequent proceeding if the drug blight recurs.
Sec. 21-24464.Abridgement of rights.
I
Nothing in this section shall be construed to abridge or waive any rights or remedies of an owner of property
at law or in equity.
ARTICLE IX. ABATING BAWDY PLACES
Sec. 21-24665. Definitions.
As used in this article:
Affidavit means the affidavit prepared by a locality in accordance with section 21-216 hereof.
Bawdy Place means the same as that term is defined in section 18.2-347,Code of Virginia.
Corrective action means the taking of steps which are reasonably expected to be effective to abate a bawdy
place on real property,such as removal,repair or securing of any building,wall or other structure.
Owner means the record owner of real property.
Property means real property.
Sec.21-21666.Affidavit and notice requirements.
In addition to enforcement procedures established elsewhere,the city manager is authorized to undertake
corrective action with respect to a bawdy place on real property in accordance with the procedures described
herein.
(a) The city manager or the city manager's designee shall execute an affidavit,citing section 15.2-908.1,
Code of Virginia,and this article,and affirming that a bawdy place exists on certain property in the
manner described therein;that the city has used due diligence without effect to abate the bawdy
place;and that the bawdy place constitutes a present threat to the public's health,safety or welfare.A
present threat to the public's health,safety and welfare is defined as the regular presence on the
property of persons who engage in aid or give any Information or direction to any person with the
intent to enable such person to commit acts of lewdness,assignation or prostitution.
(b) The city manger shall submit the affidavit to the city attorney requesting that the last known owner of
the property be notified by regular mail sent to the last known address as it appears in the assessment
records of the city.The notice and a copy of the affidavit shall advise the owner that the owner has up
to thirty(30)days from the date thereof to undertake corrective action to abate the bawdy place
described in the affidavit and,that if requested to do so,the city will assist the owner in determining
and coordinating the appropriate corrective action to abate the bawdy place described in the affidavit.
Sec. 21.21367. Failure to take corrective action.
If no corrective action is undertaken by the owner of the property within thirty(30)days from receipt of
notice from the city as provided for in section 21-216,the city attorney shall send by regular mail an additional
notice to the owner of the property,at the address stated in the assessment records of the city.This final notice
shall state that within fifteen(15)days from the mailing of the notice,the city will commence to abate the bawdy
place taking such corrective action as is described in the notice which may include,but is not limited to,the
removal of the building or other structure so as to abate the bawdy place on the property.Upon receipt of this
final notice,the owner shall have the right,upon reasonable notice to the city,to seek equitable relief,and the city
shall initiate no corrective action while a proper petition is pending before a court of competent jurisdiction.
Sec. 21-23868.Assessment of costs.
If the city undertakes thelcorrective action with respect to the property after complying witr the notice
provisions found herein,the costs and expenses thereof shall be chargeable to and paid by the owner of such
property and may be collected by the city in the same manner as taxes and levies are collected.Every charge
authorized by this section with which the owner of any such property has been assessed and which remains unpaid
shall constitute a lien against such property with the same priority as liens for unpaid local real estate taxes and
enforceable in the same manner as provided in articles 3(section 58.1-3940 et seq.)and 4(section 58.1-3965 et
seq.)of chapter 39,title 58.1,Code of Virginia(1950),as amended.
Sec. 21-239 9.Corrective action by owner.
If the owner of such property takes timely corrective action pursuant to this article,the city shall deem the
bawdy place abated and shall close the proceeding without any charge or costs to the owner and shall promptly
provide written notice to the owner that the proceeding has been terminated satisfactorily.The closing of a
proceeding shall not bar the city from initiating a subsequent proceeding if the bawdy place recurs.
Sec. 21-22870.Abridgement of rights.
Nothing in this section shall be construed to abridge or waive any rights or remedies of an owner of property
at law or in equity.
ARTICLE X. PUBLIC DANCE HALLS
Sec.21,22171. Definitions.
As used in this article:
Chief of police means the chief of police for the Police Department of the City of Roanoke.
Law enforcement officer means any full or part-time employee of a police department or sheriff's office
which is a part of or administered by the Commonwealth or any political subdivision thereof,and who is
responsible for the prevention and detection of crime and the enforcement of the penal,traffic or highway laws of
the Commonwealth as further defined by Section 9.1-101 of the Code of Virginia.
Owners means all persons or individuals having at least a ten(10)percent financial interest in a public dance
hall,including,but not limited to,all partners,shareholders or interest holders.
Public dance hall means any place open to the general public where dancing is permitted.However,any
restaurant licensed under Sections 4-98.1 and 4-98.2 of the Code of Virginia to serve food and beverages,having a
dance floor with an area not exceeding ten(10)percent of the total public floor area of the establishment,shall
not be considered a public dance hall.
Publicffoor area means that square footage of an establishment that is open to the general public.This does
not include kitchen space,restrooms,office space or meeting rooms.
Security officer means a natural person employed to(i)safeguard and protect persons and property,or(ii)
deter theft,loss,or concealment of any tangible or intangible personal property on the premises he is contracted
to protect,and who is legally able to carry or have access to a firearm in the performance of his or her duties and
permitted by Sections 9.1-138 and 9.1-139 of the Code of Virginia.
Sec. 21,22,172. Permit required to operate a dance hall.
(a) No person shall operate a public dance hall in the city,without having first obtained a permit issued pursuant
to this article.No permit shall be granted by the chief of police for the operation of a public dance hall in the
city,until the applicant has complied with the requirements of this section.
(b) Any person desiring to obtain a permit for the operation of la public dance hall shall make written application
therefor to the chief of police.Such application shall contain the following information:
(1) The address and tax map number of the proposed public dance hall;
(2) The names and addresses of all owners of the proposed public dance hall;
(3) A detailed drawing or sketch clearly showing the layout of the public dance hall and indicating the
amount of off-street parking available for patrons;
(4) A detailed security plan to assist the police department with crime prevention and crowd control;
(5) An endorsement obtained from the fire marshall or his/her designee certifying that the proposed
public dance hall complies with the Statewide Fire Prevention Code;
(6) An endorsement obtained from the city's zoning administrator or his/her designee certifying that the
proposed public dance hall complies with the Virginia Uniform Statewide Building Code and the city's
zoning ordinance.
(c) All permits issued pursuant to this article shall be valid for one(1)year upon date of issuance.A public dance
hall permit can be renewed by the police chief or his/her designee.The renewal application shall be
submitted to the police chief at least thirty(30)days prior to the expiration of the existing public dance hall
permit.The renewal public dance hall permit application shall contain the same information required in the
original permit,however such Information must be updated as of the date of the renewal application.
(d) No fee is required to be made by the person making an application for a public dance hall permit under this
article.
(e) Upon the filing of an application for a public dance hall permit or renewal of an existing permit,the police
chief or his/her designee may receive statements as evidence relevant to the permit or renewal application.
A public dance hall permit application may be refused if there is reasonable cause to believe that an
applicant or owner of a proposed public dance hall has failed to comply with or is in violation of any of the
conditions set forth in Virginia Code Section 4.1-222 for the granting of a license from the Virginia Alcoholic
Beverage Control Board;or for a violation of any provision of this article.
(f) A permit to operate a public dance hall is not transferable.
(g) The police chief or his/her designee may suspend or revoke a permit granted under this article upon a finding
by the police chief that the holder of a public dance hall permit has failed to comply with or is in violation of
any of the conditions set forth in Virginia Code Section 4.1-222 for the granting of a license from the Virginia
Alcoholic Beverage Control Board;or for a violation of any provision of this article.
Sec. 21-22373.Appeal of decisions of the police chief.
Any applicant or holder of a permit issued pursuant to this article may appeal denial of their application;any
suspension or revocation of their public dance hall permit;or surrender of their restaurant license as allowed
under section 13-15 of the Code of the City of Roanoke to the city manager under the following procedures:
(1) An applicant or holder of a permit must file their appeal with the police chief within thirty(30)days of
the denial,suspension or revocation of a public dance hall permit.
(2) The city manager will conduct a hearing of the appeal within thirty(30)days of the applicant or
holder's filing of an appeal.
(3) The city manager shall render a written decision on the appeal within ten(10)business days following
the hearing after consulting with the city attorney.The public dance hall permit or restaurant license
may be:
a. Reinstated without conditions.
b. Reinstated with conditions and/or restrictions.
c. Temporarily suspended for a period to be set by the city manager.
d. Permanently revoked.
(4) The decision of the city manager and/or his/her designee shall be the final decision regarding the
denial,suspension or revocation of a public dance hall permit or restaurant license.
37
Sec. 21,22474.Security requirements.
Whenever the number of patrons in a public dance hall is below fifty(50),then the public dance hall is not
required to have any security employees or contractors inside or outside of such public dance hall.However,when
the number of patrons in a public dance hall is at fifty(50)or more,then the public dance hall shall have the
following number of security employees or contractors both inside and outside of such public dance hall as set
forth below:
Outside Security Requirements
No.of Patrons No.of Law Enforcement Officers
50-300 One(1)law enforcement officer
Over 300 Two(2)law enforcement officers
Inside Security Requirements
No.of Patrons No.of Security Officers
50-150 One(1)security officer
151-300 Two(2)security officers
Over 300 Three(3)security officers
A public dance hall shall maintain the outside security requirements beginning at 11:00 p.m.of each Friday
and Saturday night and ending at 3:00 a.m.the following day.A public dance hall shall maintain the inside security
requirements beginning at 11:00 p.m.of each Friday and Saturday night and ending at thirty(30)minutes after the
closing of the public dance hall.The applicant or permit holder for the public dance hall shall be responsible for
ensuring the compliance of the public dance hall with this section.
Sec. 21-22675. Right of entry of law enforcement.
Members of the city police department,city sheriff's office,and city fire marshal may enter any public dance
hall operated pursuant to a permit issued under the provisions of this article at all hours,to insure that the peace
and quiet of the city are preserved and that the conditions and restrictions of this article are observed.
Sec.21.22676. Operator not to permit intoxicated or disorderly persons on premises.
It shall be a violation of this article for any holder of a public dance hall permit tolallow any person under the
influence of alcoholic beverages or any disorderly person to enter or remain in a public dance hall.
Sec.21-22.777. Minors prohibited if alcoholic beverages are sold; exception.
(a) It shall be unlawful for any minor to enter,be or remain in any public dance hall in the city or any other place
in the city open to the public where dancing is permitted and ongoing;and where alcoholic beverages are
being consumed or are being sold or dispensed for consumption therein or thereat,except on business,and
when on business,such minor shall be required to depart therefrom as soon as his business is transacted.
(b) It shall be unlawful for the owner,operator or person in charge of any public dance hall in the city or of any
other place in the city open to the public where dancing is permitted and ongoing;and where alcoholic
beverages are being consumed or are being sold or dispensed for consumption therein or thereat,to allow
or permit any minor to enter,be or remain in any such public dance hall or place,except on business,and
38
when on business,such minor shall be required to depart therefrom as soon as his business has been
transacted.
(c) The presence of any minor in any such public dance hall or such other place for the purpose of dancing or
watching dancing shall not be considered as being therein on business.
(d) The term"alcoholic beverages,'when used in this section,shall have the meaning prescribed by the state
Alcoholic Beverage Control Act(Section 4-1 et seq.,Code of Virginia).
(e) The owner,operator or person in charge of any such public dance hall or such other place open to the public
where dancing is permitted,and while dancing is ongoing,shall have and keep posted conspicuously at the
entrance or entrances of such public dance hall or such other place a sign or signs in bold letters,not less
than two(2)inches in height, reading"NO MINORS ALLOWED."
Sec. 21,23878. Manager to be present during operation and restrictions on hours of
operation.
(a) Each permit holder,except an individual who is a permit holder and on the premises,shall have a designated
manager present at all times the public dance hall is in operation.All designated managers must be at least
twenty-one(21)years of age.The name of the designated manager of every public dance hall shall be kept
posted in a conspicuous place in the public dance hall in letters not less than one(1)inch in size,during such
time as the manager is in charge.
(b) No public dance hall shall remain open after 3:00 a.m.
Sec.21-22979. Exemptions for charitable dances.
Dances held for benevolent or charitable purposes and dances conducted underthe auspices of religious,
educational,civic or military organizations are exempt from the requirements of this article.In order to qualify for
this exemption,dances held for benevolent or charitable purposes must donate fifty(50)percent of the gross
proceeds to a qualified charitable or tax exempt organization under Section 501(c)of Federal Internal Revenue
Code.
Sec. 21.22980.Violations of article.
(a) Any person violating any section of this article or failing to comply with any portion of this article shall be
guilty of a Class 3 misdemeanor.Each day of violation of any provision of this article occurs shall constitute a
separate offense.
(b) Any business location where individuals have been convicted of three(3)or more violations of this article
within a twelve-month period shall surrender its restaurant license pursuant to section 13-15 of the Code of
the City of Roanoke.
(c) Ir�addition thereto and not in lieu thereof,any continuing violation pf any section of the article maybe
enjoined by the Circuit Court upon application of the attorney for the City of Roanoke.The City of Roanoke
through the office of the city attorney in addition to the injunction may seek civil relief to recover the costs
of providing services to businesses that are in violation of this article.
ARTICLE XI, METHAMPHETAMINE LAB CLEANUP
Sec. 21-23181. Methamphetamine laboratory cleanup cost recovery.
Pursuant to Virginia Code§15.2-1716.2,as amended,methamphetamine lab cleanup costs;localities may
charge for reimbursement.Any person convicted of an offense for the manufacture of methamphetamine under
Virginia Code§18.2-248 or§18.2-248.03 shall,at the time of sentencing or in a separate civil action,be liable to
the City of Roanoke for restitution of expenses incurred in the cleanup of any methamphetamine lab related to the
39
conviction.The amount charged shall not exceed the actual expenses incurred associated with cleanup,removal or
repair of the affected property,or the replacement cost of personal protective equipment used.
2. This Ordinance shall be in full force and effect immediately upon its adoption.
3. Pursuant to Section 12 of the Roanoke City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
40
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
/// The 151h day of November 2021.
No. 42202-111521.
y111 AN ORDINANCE to appropriate funding from the Commonwealth, federal and
private grant for various educational programs, amending and re-ordaining certain
sections of the 2021-2022 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 2021-2022 School Grant Fund Appropriations be, and the same are
hereby, amended and re-ordained to read and provide as follows:
Original Changes Final
APPROPRIATIONS Budget Rem Budoat
J.hiile Detention Education Cnordinalorsllnstri 302 110- 0000 1070- 316R 61100- 41133- 9 09 $655,469.) $7,53910 $663,008.28
Ret9ee Health Credit 302 110- 0000 1070- 316R 61100- 4220D 9 09 7,931.17 7,931.17
Serial SecuntylFICA 302- 110- 0000 1070- 316R- 61100- 42201- 9 09 50,143.37 50,143.37
Virginia Retirement System 302- 110- 0000 1070- 316R 61100- 42202- 9 09 108,939.15 108,939.15
HeaNMDental Insurance 302- 170- 0000 1070- 316R WOO- 42204- 9 09 102,813.00 102,813.00
Stale Gmup Life Insurance 302. 110- 0000 1070- 316R 61100- 42205 9 09 8,783.28 0,703.28
Mileage 302- 110- 00700- 1070- 316R- 61100- 45551- 9-09 3,000.00 3,000.00
Indirect Casts 302- 110- 0000- 1070- 316R 61100- 62000 9-09 39,143.00 39,143.00
Related Serdces 302- 110- 0000- 1070- 316R 61100 43311 9-W 1,OW.W 1,000.00
anamclional Supp'ies 302- 110- 0000- 1070- 316R 61100- 466DO 9-09 8,00.00 8,000.00
Internet Se.res 302- 110 0000- 1070- 316R 61100 45523 9-09 11,80.00 11,800.00
TecFndo9y 302- 110- 0000- 1070- 316R- 61100 4665D 9-W 8,600.00 8,600.00
Child Dredopment Clinics Education Coordinators 302- 110- 0000- 1070- 316R- 61100 41139- 9-09 127,395.00 127395.00
Retiree Health Credit 302 110 0000- 1070 316R- 61100 42200- 9-09 1,541.48 1,541.48
Social SecmltyllGA 302 110- 0000 1070 3168- 61100 42201- 9-09 9745.71 9,745.71
Virginia Retirement System 302- 110. 0010- 1070 31611- 61100 42202- 9-09 21,173.03 21,173.03
HealthrDemal lnsmaoce 302 110- 0000- 1070 316R- 61100 42204- 909 42,399.72 42,399.72
State Group Lila Insurance 302- 110- 0000- 1070- 316R- 61100- 42205- 909 1,707.09 1,70709
C dindor Salary 302- 140 HOME 1000. 145R- 61210- 41138- 0. 08 70,775.00 7077500
Virginia Retirement System 302- 140 HOME 1000- 1458 61210 42202- 108 13,820.07 13,820.07
Retiree Health Cretin 302- 140 HOME 1600. 1458 61210. 42200 308 1,006.16 1,006.16
Gmup Life In imarre 302- 140 HOME-1000 145R 61210 42205 3 08 1,114.25 1.114.25
Social Security 302- 140 HOME-100. 145R- 61210- 42201 3 08 5,900.17 5,909.17
Health Irauance 302- 140. HOME.1000. 145R 61210 42204 9- 08 9,459.83 9,459.83
Miss011ier Miscellaneous 302- 140. HOME-1000- 14SR- 61210 45586 9- 08 6,000.00 6,000.00
Indect Gusts 302 141 HOME1000145R- 6121D 62000 9- 08 4,503.52 4,503.52
Original Changes Final
REVENUE Budglet Requested BUEuet
Stale Grant Recepl5 302 000 0000- 0000- 316R. 00000 32220- 0.00 $1,979,584.00 $7,51928 $1,217,123.28
Federal Grant Receipts 302- 000. OOg4 0000- 145R- 0100 38191 100 112,588.00 - 112,58800
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
' .� J. Vm 6&f
City Clerk
WW
ROANOKE CITY
PUBLIC SCHOOLS
SrnB5lueenu.5ixn6AM+u,Stmie[nY
School Board
November 15, 2021 Lutheria H. Smith
Chairperson
The Honorable Sherman P. Lea, Sr., Mayor Dr. Eli C. S. Jamison
and Members of Roanoke City Council vice Chairperson
Roanoke, VA 24011
Diane M. Casola
Dear Mayor Lea and Members of Council: Mark K. Cathey
Michael L. Cherry, 11
As a result of official School Board action on Tuesday, November 9, Natasha N. Saunders
2021, the Board respectfully requests that City Council approve the Joyce W. Watkins
following appropriation requests: verletto B. White
Superintendent
New Appropriation Award
Title IX, Part A McKinney-Vento Homeless Cindy H. Poulton
Education Assistance Program $112,588.00 Clerk of the Board
Revised Appropriation Additional Award
State Operated Programs: Juvenile Detention
Home and Child Development Clinics 2020-21 $7,539.28
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 Maryna Mabes (w/details)
Lutheria H. Smith
CITY COUNCIL AGENDA REPORT
Mr
To: Honorable Mayor and Members of City Council
Meeting: November 15, 2021
Subject: School Board Appropriation Request
Background:
As the result of official Roanoke City School Board action on Tuesday November 9, 2021 the Board
respectfully requested that City Council appropriate funding as outlined in this report.
State Operated Programs constitutes educational services provided at the Roanoke Valley Juvenile
Detention Home and the Virginia Department of Health's Roanoke Child Development Clinics. This
appropriation aligns the total with the revised award amount. The program will be fully reimbursed
by state funds in the amount of $1 ,217,123.28 and will end March 31, 2022. This is a continuing
program.
Title IX, Part A McKinney-Vento Homeless Education Assistance Program. 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 in the amount of
$112,588.00 and will end July 31 , 2023. This is a continuing program.
Recommended Action:
We recom ouncil concur with this report of the School Board and adopt the attached
bud ordin tablish 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
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of November 2021.
No. 42203-111521.
AN ORDINANCE to repeal and replace Budget Ordinance 42192-110121 to
correct a scriveners error and to appropriate funding from the Federal Emergency
Management Agency (FEMA) for Pre-Disaster Mitigation Grant for the City of Roanoke
Floodplain Mitigation Project to acquire and demolish the Ramada Property and 5
residential properties in the floodway along Peters Creek, which is prone to flooding,
amending and reordaining certain sections of the 2021-2022 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 2021-2022 General Fund and Stormwater Funds Appropriations be, and
the same are hereby, amended and reordained to read and provide as follows:
Appropriations
Appropriated from Federal Grant Funds 03-530-3093-9002 $3,577,962
Appropriated from Federal Grant Funds 03-530-3977-9002 3,671,316
Appropriated from 2022 Bonds Fund 03-530-3014-9601 (214,500)
Appropriated from 2022 Bonds Fund 03-530-3977-9601 214,500
Appropriated from General Revenue 03-530-3064-9003 (160,000)
Appropriated from General Revenue 03-530-3977-9003 160,000
Appropriated from 2020 GOB/BAN Funds 03-530-3055-9393 (104,500)
Appropriated from 2020 GOB/BAN Funds 03-530-3977-9393 104,500
Revenues
HMGP FEMA Acq Ramada Property 03-530-3093-3093 3,577,962
HMGP FEMA Acq. Peters Creek 03-530-3977-3977 3,671,316
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
00 y
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
Fu: (540)859-1145
E-mail: derkCaroanokeva.guv
CECELIA F.MCCOY,CMC CECELIA T.W EBB,CMC
City Clerk Deputy City Clerk
November 17, 2021
Ben Crew, Associate
Balzer& Associates, Inc.
1208 Corporate Circle
Roanoke, Virginia 24018
Dear Mr. Crew:
I am enclosing copy of Ordinance No. 42204-111521 repealing all conditions proffered
as part of previous rezonings on certain property located at 0 Cove Road, N. W., bearing
Official Tax Map No. 6410111 (the 'Property') through the adoption of Ordinance No.
33457-070797, adopted on July 7, 1997; rezoning certain property located at 0 Cove
Road, N. W., bearing Official Tax Map No. 6410111, from RMF, Residential Multifamily
District, to INPUD, Institutional Planned Unit Development District, subject to the
Development Plan that specifies uses, location of buildings and infrastructure, site
access, and building design.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, November 15, 2021, and is in full force and effect upon
its passage.
Sincerely,
4�4� �-. wud-
Cecelia F. McCoy, CMC
City Clerk
Enclosure
pc: Aaron Housh, Good Samaritan Hospice, 2408 Electric Road, Roanoke, Virginia
24018
Nancy Phillips, Greenwood Group, Inc., P. O. Box 11231, Blacksburg, Virginia
24062
New Horizon Limited Company, P. O. Box 279, Union Hall, Virginia 24176
Jeffrey Harriman, 2318 Willow Walk Drive, N. W., Roanoke, Virginia 24017
Francis M. Eparch of the Saint Zayek, 4730 Cove Road N. W., Roanoke, Virginia
24017
Bren Crew, Agent
Balzer&Associates, Inc.
Page 2
Pc: Dennis Renouard Brown, 2402 Willow Walk Drive, N. W., Roanoke, Virginia
24017
Carmax Auto Superstores, Inc., Attn: Tax Department, 12800 Tuckahoe Creek
Parkway, Richmond, Virginia 23238
Melrose Christian Church, 4807 Cove Road, N. W., Roanoke, Virginia 24017
Greenwood Group, Inc., P. O. Box 11231, Blacksburg, Virginia 24062
Fralin SP, LLC, P. O. Box 7038, Roanoke, Virginia 24019
Barbara Musgrove, 2306 Willow Walk Drive, N. W., Roanoke, Virginia 24017
Carlos A. Vijil Yanez, 2310 Willow Walk Drive, N. W., Roanoke, Virginia 24017
Gregory P. Barba, 2314 Willow Walk Drive, N. W., Roanoke, Virginia 24017
Jeffrey Harriman, 2318 Willow Walk Drive, N. W., Roanoke, Virginia 24017
Louis Doan, 2406 Willow Walk Drive, N. W., Roanoke, Virginia 24017
Joyce P. Bolender, 2410 Willow Walk Drive, N. W., Roanoke, Virginia 24017
Kelsey M. Engle, 2414 Willow Walk Drive, N. W., Roanoke, Virginia 24017
Zenobia Bailey, 2418 Willow Walk Drive, N. W., Roanoke, Virginia 24017
Jose Juandiego Gonzalez, 4801 Cove Road, N. W., Roanoke, Virginia 24017
The Honorable Brenda Hamilton, Circuit Court Clerk
Robert S. Cowell, Jr., City Manager
W. Brent Robertson, Assistant City Manager for Community Development
Jillian Papa Moore, Acting Director, Planning Building & Development
R. Wayne Leftwich, Jr., Planning Commission Agent
Timothy Spencer, City Attorney
Laura Carini, Assistant City Attorney
Susan Lower, Director of Real Estate Valuation
Luke Pugh, City Engineer
Tina Carr, Secretary, City Planning Commission
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 151h day of November 2021.
No. 42204-111521.
AN ORDINANCE to repeal all conditions proffered as part of previous rezonings
on certain property located at 0 Cove Road, N.W., bearing Official Tax Map No. 64 101l1
(the"Property") through the adoption of Ordinance No. 33457-070797, adopted on July 7,
1997; rezoning certain property located at 0 Cove Road, N.W., bearing Official Tax Map
No. 6410111, from RMF, Residential Multifamily District, to INPUD, Institutional
Planned Unit Development District, subject to the Development Plan that specifies uses,
location of buildings and infrastructure, site access, and building design; and dispensing
with the second reading of this ordinance by title.
WHEREAS, Aaron Housh, for Good Samaritan Hospice has made application to
the Council of the City of Roanoke, Virginia ("City Council"), to repeal Ordinance No.
33457-070797, adopted on July 7, 1997, to the extent that it placed certain conditions on
the Property, and to have the property located at 0 Cove Road, N.W., bearing Official Tax
Map No. 6410111, rezoned from RMF, Residential Multifamily District, to INPUD,
Institutional Planned Unit Development District„ subject to the Development Plan that
specifies uses, location of buildings and infrastructure, site access, and building design, as
set forth in the Zoning Amendment Application, Amended Application #2, dated
November 8,2021;
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 15, 2021, 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 repealing of
Ordinance No. 33457-070797, adopted on July 7, 1997, to the extent it placed certain
conditions on the Property, and 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 and that the conditions now binding upon the Property, should be repealed
as requested.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
I. Ordinance No. 33457-070797, adopted on July 7, 1997, to the extent it
placed certain conditions on the Property 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.
2. 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 0 Code Road, N.W.bearing Official Tax Map No. 6410111,
be and is hereby rezoned from RMF, Residential Multifamily District, to INPUD,
Institutional Planned Unit Development District, subject to the Development Plan that
specifies uses, location of buildings and infrastructure, site access, and building design,
and as set forth in the Zoning Amendment Application,Amended Application No. 2, dated
November 8, 2021.
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 COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: November 15, 2021
Subject: Application by Good Samaritan Hospice to repeal all conditions
previously proffered as part of a previous rezoning adopted
through the enactment of Ordinance 33457-070797 on property
located at 0 Cove Road NW, bearing Official Tax Map No. 6410111 ,
and to rezone the property from RMF, Residential Multifamily
District, to INPUD, Institutional Planned Unit Development District,
subject to a development plan.
Summary:
By a vote of 5-0, with Commissioners J. Smith and P. Smith absent, the
Commission recommends approval of the rezoning request, finding that the
Amended Application No. 1 , as amended at the hearing and subsequently
submitted as Amended Application No. 2, is consistent with the general
principles within the City's Comprehensive Plan, Peters Creek North
Neighborhood Plan, and Zoning Ordinance.
Application Information:
Request: Repeal of Proffered Conditions
Rezoning to PUD
Applicant: Nancy Phillips, Greenwood Group, Inc.
Owner: Aaron Housh, Good Samaritan Hospice
Agent: Ben Crew, Balzer & Associates, Inc.
City Staff Person: Katharine Gray, Land Use and Urban Design Planner
Address: 0 Cove Road NW
Official Tax No: 6410111
Site Area: +/-5.7773 acres
Relevant Plans: Peters Creek North Neighborhood Plan
Proposed Land Use: Group care facility, nursing home
Office, general or professional
Medical clinic
Future Land Use: Multifamily Residential
Filing Date: Original Application: September 27, 2021
Amended Application No. 1 : October 15, 2021
Amended Application No. 2: November 10, 2021
Background:
The purchaser of the subject property desires to develop a hospice facility (group
care facility, nursing home) with offices and future medical clinic on the parcel.
However, the current conditioned zoning only allows for a group care facility for
the elderly built in compliance with a proffered development plan.
The owner has proposed to repeal the existing conditions and rezone to INPUD,
Institutional Planned Unit Development District, which requires the adoption of a
development plan. The development plan includes details on the arrangement of
buildings, driveways and other elements as presented on the plan.
Proposed Use/Development:
The PUD development plan shows two phases of development. The first phase
includes a new nursing home building located on the northern portion of the
parcel with a single driveway entrance from Cove Road. Visitor parking is
located to the south side of the building and employee parking wraps around
the east and north side of the building. The second phase of the project
includes an independent medical clinic building on the eastern portion of the
site with parking between the building and driveway. A 25-foot side yard
setback is located along the perimeter of the property abutting residential
zoned property and a 15-foot side and rear yard setback along abutting non-
residential zoned property. The existing vegetation will remain within the
setback and be supplemented with additional evergreen trees. A six-foot high
privacy fence is located between the main hospice care facility and the adjacent
single family home to the northwest.
The building standards listed on the development plan describe the overall
form of the building through the number of stories, height, roof form, glazing,
and entrance locations. The buildings are limited to one or two stories with a
height maximum of 35 feet, in keeping with the surrounding residential district
height maximum. The roof forms are residential in character: gable, hip, or
combination thereof. The primary entrances on the building face the center of
the site and the glazing of the street-facing and center-facing facades have 25%
glazing with no large areas absent of such glazing.
Transportation improvements include curb, gutter, six-foot planting strip with
street trees and a five-foot sidewalk. ROW dedication will allow for the five-foot
future bike lane.
2
The PUD plan references that the signs for the development would follow the
standards for the MX, Mixed Use District, which would allow up to a 32 square
feet sign, 6 feet in height with up to 80% of the sign area as changeable copy
on each frontage.
Proffered Conditions Requested to be Repealed
The applicant has requested to repeal the proffered conditions enacted by
Ordinance No. 33457-070797 that pertain to Official Tax Number 6410111 :
1 . The property will be developed in substantial conformity with the Site
Development Plan prepared by Balzer & Associates, dated April 9,
1997, a copy of which is attached to the Petition to Rezone, as Exhibit
"2", subject to any changes required by the City during comprehensive
development plan review
2. That the property will be used as a group care facility for the elderly
(assisted living facility)
3. That the property will be developed in substantial conformity with the
rendering (picture) submitted with the rezoning Petition and attached
hereto as Exhibit "K.
Considerations:
Compatibility with Surrounding Land Uses
The property is located on Cove Road NW just southeast of the commercial
development along Peters Creek Road. The surrounding properties consist of a
variety of places of worship, retail sales, motor vehicle sales and service
establishment, and single-family residential properties:
• To the northwest are a single-family residence in R-7, Residential Single-
Family District, and place of worship in INPUD, Institutional Planned Unit
Development District, with a gasoline station and storage building sales
in CG, Commercial General District, beyond.
• To the northeast is a motor vehicle sales and service establishment in
CLS, Commercial-Large Site District, with conditions.
• To the southeast are single-family detached dwellings in R-5, Residential
Single-Family District.
• To the southwest are a place of worship in the IN, Institutional District,
and retail sales establishments in CLS, Commercial-Large Site District,
with conditions.
The future land use plan from the Peters Creek North Neighborhood Plan
designates this area for multifamily residential use.
3
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 proposed INPUD District allows the applicant flexibility in to develop site-
specific standards for the location of the larger institutional buildings on a deep
lot while respecting the nearby single-family residential dwellings. The
flexibility in the development standards created by the INPUD requires
conformance with the development plan adopted. The district is appropriate
for a group care facility with offices and medical clinic located between the
existing commercial development of the Peters Creek Road corridor and the
single-family residential dwellings to the southeast.
Availability of Other Property
The combination of a group care facility-nursing home, office, and medical
clinic is only permitted in a MX District with special exception or in a MXPUD or
INPUD District by-right. There are no properties within this area of Roanoke
where the applicant desires to construct a new facility near a commercial artery
that meet this combination of requirements and are available for purchase.
Consistency with Comprehensive Plan
Both City Plan 2040 and the Peters Creek North Neighborhood Plan recognize
that it is important to the overall health of the community that multiple housing
types be permitted to allow all citizens to live out their lives fully in the community
in appropriate locations within the City.
Policy/Action Plan Applicability to matter
Proposed development (infill Comprehensive The proposed development
development, alterations, renovations, Plan', pg. 78 would allow a housing type
and additions) should create or that can provide additional
enhance a distinctive character that choice in the type of housing
relates well to the surrounding units/group living within the
community. neighborhood near a
neighborhood center.
Consider ways to introduce different However, the character of the
housing types into neighborhoods building is important to the
that lack housing diversity while being surrounding community and
mindful of and responsive to concerns is currently undefined on the
about neighborhood character, development plan.
design, and maintenance.
City Plan 2040 City of Roanoke 2020
4
Policy/Action Plan Applicability to matter
Explore opportunities for alternative
living arrangements, such as group
living and co-housing, near
neighborhood centers
Residential Policies: Neighborhood The proposed development
Encourage infill development to reflect Plan ', p.28-29. allows the established
the character of the surrounding neighborhoods to maintain
Neighborhood. their overall character while
forming a more gradual
Allow the construction of higher- transition between the two
density housing where appropriate to very different land use types.
provide housing for elderly residents, However, the character of the
using planned development, where buildings in the infill
appropriate. development is important and
could be better defined on the
development plan.
Infrastructure Policies: d The proposed development
Neighborhood Sidewalks and/or greenways should incorporates curb, gutter,
be provided to accommodate Plan ', pg. 32. sidewalk, planting strips with
pedestrians and bicyclists. street trees, and area for a
Street trees should be provided bicycle lane along Cove Road.
between the sidewalks and curb to
reduce the visual, noise impacts on
surrounding residences, and provide
separation of pedestrian and vehicular
traffic.
Comments on Application:
Planning Commission Work Session-
Several items were discussed at the Planning Commission work session,
including: outreach to the surrounding community, additional information on the
buildings, safe pedestrian access, streetscape improvements, additional traffic
analysis, and stormwater pond and onsite best-management practices.
The applicant submitted Amended Application No.l to address some of the
concerns noted above. However, the application did not address concerns
related to certainty of the building architectural detail and pedestrian safety at
the entrance to the site.
----------------------------------
Peters Creek North Neighborhood Plan City of Roanoke 2002
S
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 and zoning subdivision
requirements; and the permitting process.
Public Comments:
Valerie Garner, 2264 Mattaponi Drive, wrote in favor of the zoning change. She
states that senior care facilities are needed in Roanoke.
Leslie and Jose Juandiego, 4801 Cove Road, wrote to express concern about the
privacy of their home and backyard, requesting that the trees between the
properties remain and a fence be added. The application was amended at the
hearing to include the fence requested.
Public Hearino
The applicant amended the application at the public hearing to address the
remaining concerns regarding the architectural character of the buildings and
safe pedestrian access into the property.
Bernetta Jones, Whispering Willow Lane NW, generally supports the use, but
questions the location of the entrance/exit into the property due to the rise in
Cove Road in this area.
Conclusions and Recommendations:
The proposed development plan achieves many of the policies noted from the
plans. It uses an undeveloped property in a transition area from single-family
residential to commercial/ institutional uses for a mixed use development. The
design is sensitive to the residential character of property to the southeast through
placement of the buildings towards the center of the site and building standards
that are compatible with the adjacent residential dwellings. The proposed group
care facility is an appropriate addition to this transitional area along Cove Road.
l�-�traaaC/fin,
Karri B. Atwood, Chair
City Planning Commission
Enclosure: Attachment A, Zoning District Map
6
Distribution: Robert S. Cowell, Jr., City Manager
W. Brent Robertson, Assistant City Manager
Chris Chittum, Assistant City Manager
Allan Moore, Acting Director Planning Building and Development
R. Wayne Leftwich,Jr., Planning Commission Agent
Timothy Spencer, City Attorney
Laura Carini, Senior Assistant City Attorney
Nancy Phillips, Greenwood Group, Inc.
Aaron Housh, Good Samaritan Hospice
Ben Crew, Balzer & Associates, LLC
7
Attachment A
ZONING DISTRICT MAP
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DocuSign Envelope 10:6A508CAA-2BF64E7F-8176-DCBOF10830E0
Department of Planning, Building and Development ROA N O K E
Room 166,Noel C.Taylor Municipal Building
215 Church Avenue,S.W.
Roanoke,Virginia 24011 F Click Here to Punt
Phone: (540)853-1730 Fax: (540)853-1230
Filing Date: 11/8/2021 Submittal Number: Amended Application No.2
❑ Rezoning,Not Otherwise Listed ❑Amendment of Proffered Conditions
❑ Rezoning,Conditional ❑ Amendment of Planned Unit Development Plan
❑x Rezoning to Planned Unit Development ❑Amendment of Comprehensive Sign Overlay District
❑ Establishment of Comprehensive Sign Overlay District
Address: Cove Road NW Roanoke,VA 24017
Official Tax No(s).: 6a1 of t t
Existing ❑ Without Conditions Ordinance
Zoning:
[RM7FRedential Multifamily ❑x With Conditions No(S). (I( 33457-070797
❑ Planned Unit Development applicable):
Requested ❑ Without Conditions proposed
Zoning: re=fsing
9 INPUD,Institutional Planned Unit Developme ❑ With Conditions Land Use: or
❑X Planned Unit Development l Clinic
Name: reenwood Group,Inc. c/o Nancy Phillips Phone Number: +1 (540)96t-269e
Address: P.O.Box 11231 Blacksburg,VA 24062 E-mail: NwPhillips@ntelos.net
�t P�ltaps
Name: ood Samaritan Hospice c/o Aaron Housh Phone Number: +t (5a0)776-0198
Addrs: 2408 Electric Road Roanoke,VA 24018 E-mail: Ahoush@goodsam.care
QaN N, OU.SIc.
F
Name: Balzer&Associates,Inc. c/o Ben Crew Phone Number: +1 (540)772-9580
AQdr1Sg: 1208 Corporate Circle Roanoke,VA 24018 E-mail: Bcrew@Balzer.cc
U s»re
Docu&gn Envelope ID:6A508CAA-2BF84E7F-B1l6-DCBOF10830ED —M__
ROANOKE
r Completed application form and checklist.
FX Witten narrative explaining the reason for the request.
F Metes and bounds description, if applicable.
fx Filing fee.
F- Concept plan meeting the Application Requirements of item'2(c)'in Zoning Amendment Procedures,
F- Written proffers. See the City's Guide to Proffered Conditions.
Concept plan meeting the Application Requirements of item'2(c)'in Zoning Amendment Procedures. Please label as
F 'development plan'if proffered.
5X- Development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance.
r Comprehensive signage plan meeting the requirements of Section 36.2-336(d)(2)of the City's Zoning Ordinance.
Amended development or concept plan meeting the Application Requirements of item'2(c)'in Zoning Amendment Procedures,
r if applicable.
F- Written proffers to be amended. See the City's Guide to Proffered Conditions.
F Copy of previously adopted Ordinance.
F- Amended development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance.
F- Copy of previously adopted Ordinance.
r Amended comprehensive signage plan meeting the requirements of Section 36.2-336(d)of the City's Zoning Ordinance.
(- Copy of previously adopted Ordinance.
F A Traffic Impact Study in compliance with Appendix B-2(e)of the City's Zoning Ordinance.
F- Cover sheet.
r- impact analysis.
r Concept plan.
r Proffered conditions,if applicable.
F- Required fee.
"An electronic copy of this application and checklist can be found at www.roanokeva.govlplanningcommission. A complete packet must
be submitted each time an application is amended, unless otherwise specified by staff.
SGood
Samaritan
Advanced Illness Care•Hospice
ZONING AMENDMENT REQUEST NARRATIVE:
The purpose of this request is for the zoning amendment and removal of existing
conditions to facilitate a new Good Samaritan Hospice facility and corporate offices and
future Palliative Care facility. This request will allow Good Samaritan Hospice"Good
Sam"to provide in-patient care in a centralized location for the Roanoke Valley and
beyond on Cove Road within the City of Roanoke, Virginia.
Two-Part Request:
1. Remove existing proffered conditions for Tax Parcel 6410111 (Existing Zoning
Residential Multi-Family(RMF) with conditions) The existing proffered
conditions on the subject tax parcel were established by Ordinance#33457-
070797 in 1997 by the current property owner. Since 1997, this parcel has
remained vacant with no improvements on-site.
2. Zoning amendment request to Institutional Planned Unit Development District
(INPUD) which will allow for the development of the subject parcel by Good
Samaritan Hospice.
Good Sam Background:
Company Description
Good Samaritan is an independent, community-based, not-for-profit hospice founded in
1992 with headquarters located in Roanoke, Virginia and a second office located in
Christiansburg, VA. In 2022, Good Samaritan will celebrate its thirtieth anniversary of
service to the residents of our nine-county region. Our mission and vision, our dedication
to providing high quality services for our patients, our history and our culture are
reflective of the people in our community who founded this hospice and who have helped
us become the center of excellence that we are today.
Operating in a highly complex health care environment, our mission has remained
constant and focused on providing to the last moment of life, all we can do, not only to
help our patients die peacefully and as pain-free as possible, but to live until they die.
IIPag
Key Differentiating Factors
There are currently twelve hospices in our region, all of whom are for-profit other than
one associated with a large healthcare system. Good Samaritan is highly differentiated
from its competitors. Key differentiating factors include that Good Samaritan is:
• The only not-for-profit, community-based Hospice providing our services to
eligible patients, regardless of ability to pay, and that reinvests all sources of
income to operating the Hospice-no distributions to owners and shareholders;
• The only Hospice that employs a Full-time Physician Medical Director who is
double Board certified in family medicine and hospice and palliative care;
• The only Hospice that employs three Full-time Providers, a physician and two
doctorate-prepared nurse practitioners to meet the needs of our patients and
families;
• The only hospice that operates a home-based Palliative Care program to serve
patients living with advanced and serious illness
• The only Hospice that provides availability of Certified Nursing Assistant (CNA)
services seven days a week;
• The only Hospice with a Community Bereavement Program with outreach to our
local community as well as bereaved families who were served by our hospice;
• Active Board of Directors who reflect the diversity of our community and reside
within the territory served by Good Samaritan.
Mission
As a community-based, non-profit agency, Good Samaritan provides expert,
compassionate, hospice and palliative care for patients with advanced illness and their
families.
The mission of Good Samaritan is to affirm life in the midst of illness and grief, and
above all, to honor what matters most to each person and family served.
Vision
The vision of Good Samaritan is to serve as the premier center of excellence for
coordination of care for advanced and serious illness, including hospice and palliative
care, for our southwest Virginia service area.
Values
The guiding values of Good Samaritan include:
• Access to high quality hospice care and palliative care for all residents of our
community.
• Respect for cultural and spiritual diversity.
• Service excellence in the delivery of hospice care.
21Pagc
• Responsible stewardship of our financial and human resources.
• Innovation in advancing hospice and palliative services for our community.
Service Area
Good Samaritan serves nine counties: Bedford, Botetourt, Craig, Floyd, Franklin, Giles,
Montgomery, Pulaski, and Roanoke, the cities of Roanoke and Salem, and portions of
Bland, Carroll, Henry, Patrick and Wythe counties. The service area constitutes a 50-
mile radius from Good Samaritan's Roanoke and Christiansburg office locations. Please
see our coverage map below.
® Good
Samaritan
•� a
Proposed Facility Details and Utilization
The proposed Good Samaritan campus at Cove Rd in Roanoke will include:
✓ Administrative offices and home hospice and palliative care teams
✓ Center for Caring (16-bed hospice inpatient facility)
✓ Community Bereavement Center
✓ Palliative Care outpatient medical clinic (future construction)
31Pagc
Hospice Overview
Hospice is considered the model for quality compassionate care for people facing a life-
limiting illness. Hospice provides expert medical care, pain management, and emotional
and spiritual support expressly tailored to the patient's needs and wishes. Support is
provided to the patient's loved ones and caregivers as well. Eligible patients have a
prognosis of approximately six months or less if the illness follows its normal course.
Hospice services are not limited to six months and can be provided for longer periods of
time if patients continue to meet eligibility criteria. Patients may receive hospice care
regardless of age or diagnosis.
Services
Hospice is designed to expertly manage patients' care in the home setting, where most
people want to be at the end of life. Hospice provides care wherever the patient resides,
including a patient's home, assisted living facility, or nursing home. Good Samaritan
provides the majority of our services to patients at home. Patients receive visits from our
interdisciplinary team, including nurse care managers, social workers, chaplains, hospice
aides, volunteers, on-call nurses, and the hospice physician as needed. Good Samaritan
provides medications, durable medical equipment (such as hospital beds and oxygen),
and medical supplies related to the patient's hospice diagnosis. A critically important
service that Hospice provides is 24-hour on-call availability to respond to patient and
family concerns, help manage pain and other symptoms, and prevent unwanted
hospitalizations.
Benefits of Operating a Hospice Center of Caring
Operating a freestanding hospice inpatient facility will allow Good Samaritan to deliver
exceptional quality General Inpatient (GIP) care under the direct supervision of our
Hospice Medical Director and our professionally trained clinical hospice team to treat
acute distressing symptoms such as:
• Uncontrolled pain, nausea/vomiting,respiratory distress
• Complex wounds
• Severe agitated delirium, acute anxiety or depression
• Terminal agitation
• Pathological fractures
• Sudden deterioration requiring intensive nursing intervention
Good Samaritan's Center for Caring will also provide respite care for our patients when
family members need a break from caregiving and relief from burnout or exhaustion.
Needed Service in the Community:
Terminally ill patients in southwest Virginia do not have access to a hospice inpatient
facility to meet their needs. Residents in the community frequently approach Good Sam
team members to inquire about when Good Samaritan plans to build an inpatient facility
and urge our Board and leadership team to make plans to operate a facility. Some Good
Samaritan patients have transferred to hospices outside our service area in order to gain
access to a hospice inpatient facility. The nearest comparable freestanding hospice
4 1 P a g c
facilities are more than two hours away: Hospice of Greensboro (101 miles) and Hospice
of Southwest Virginia 127 milesl.
Freestanding
Hospital Based K�
t. •c
Residential In Nursing 7
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Market Analysis
Good Sam hired a professional consultant to assess the feasibility of operating a hospice
inpatient facility in our service area. Based on population projections and traditional
methodology,the consultant concluded that:
• Roanoke can support an 8-bed inpatient facility in 2021 and up to 10 beds by
2024
• New River Valley can support a 3-bed inpatient facility in 2021 and up to 4 beds
in 2024.
Based on the findings of our feasibility study, Good Sam leadership anticipates that it can
operate a hospice inpatient facility with a capacity of 12-16 beds. In addition, Good
Samaritan has the opportunity to operate a limited number of dedicated residential beds.
Suitable Location:
The 0 Cove Road property location is a perfect location for several reasons, but none
more important than location. For the patients and families, communities, and health
systems served by Good Samaritan, this location is ideal to allow convenient access for
our entire service area. The property is 5 miles (10 minutes) from Lewis Gale Medical
Center, 8 miles (12 minutes) from Caribou Roanoke Memorial Hospital, 2.6 miles (4
mins)from I-581 and 2.6 miles (5 mins) from I-81. The Cove Rd location is a central
location for the outlying counties we serve including Botetourt, Franklin, Bedford, and
Craig counties.Additionally the property is situated 4.2 miles (9 minutes) from Salem
(city center), 33.5 miles (35 minutes) from Lewis Gale Montgomery and will be easily
accessible from our New River Valley office, 30 miles (30 minutes).
51Pagc
The property is an undeveloped 5.78 acres that has clear potential to be a serene, peaceful
environment for our hospice patients and their loved ones.
Operational Details,
Good Sam currently employs more than 100 full-time employees. Operating a
freestanding Hospice Center for Caring will add 25-30 job opportunities within our
organization. The facility is conveniently located on a local bus route for our staff
members and family members or friends who wish to visit their loved ones.
The location of the property is compatible with the surrounding zoning districts as there
is a mix of Multi-purpose(Commercial Large Site, Institutional),Residential (R-7 and R-
5), and Planned Unit Development(Institutional Planned Unit Development District)
within this area. The requested INPUD zoning provides a compatible layering affect
within the zoning districts from the more intense commercial zoning along Peters Creek
Road and less intense uses including churches and various residential community types
eastward along Cove Road.
City Plan 2040 outlines many themes that are in parallel with the goals of Good Sam
including Interwoven Equity and a Healthy Community.This needed community amenity
is part of most families lives at one point or another typically in a time of greatest need.
This project will be developed in accordance with applicable regulations including the
Roanoke City Zoning Ordinance.
Architectural Guiding Principles:
Good Samaritan plans to design a craftsman style hospice campus, incorporating stone,
siding, and wood elements. The colors and materials will be respectful to our Roanoke
valley mountain region and in harmony with the surrounding neighborhoods. The single-
story main building is a hospice house that is intended to look more like a personal
residence than a commercial complex, in an effort to create a welcoming,peaceful,
serene environment for the patients in the inpatient facility. With this effort, the scale of
the building is intended to be intimate rather than grand. The shingle roofs will have hips
and gables of varying bearing heights that break up the overall massing of the building.
This building will have many large windows, appropriate to the size of the building, that
take advantage of natural light and views to the outside. There will be a covered circular
driveway at the main entrance, making it apparent where to enter and exit the main
facility. The future medical outpatient clinic will be smaller but incorporate design
elements in sync with the main hospice building.
61Paec
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PROFFERS TO BE REPEALED:
The applicant hereby requests that the following proffered conditions enacted by
Ordinance No. 33457-070797 be repealed as they pertain to
Official Tax Number 6410111:
I. The property will be developed in substantial conformity with the Site
Development Plan prepared by Balzer & Associates, dated April 9, 1997, a copy
of which is attached to the Petition to Rezone, as Exhibit "2", subject to any
changes required by the City during Comprehensive development plan review
2. That the property will be used as a group care facility for the elderly (assisted
living facility)
3. That the property will be developed in substantial conformity with the rendering
(picture)submitted with the rezoning Petition and attached hereto as Exhibit "Y'.
LEGAL DESCRIPTION,
ENTIRE PROPERTY—TM#6410111,0 COVE ROAD
BEGINNING at a point on the north line of Cove Road,approximately 156 feet from the extended west
line of Willow Walk Drive;
Thence with the line of Cove Road N50°14'W 202.84 feet to a point;
Thence N62°08'W 202.84 feet to a point;
Thence departing the line of Cove Road N11*11'E 433.3 feet to a point;
Thence N40'45'E 119.2 feet to a point;
Thence 554'56'E 548.7 feet to a point;
Thence S33"00'W 506.3 feet to a point on the north line of Cove Road, being the POINT OF BEGINNING.
CONTAINS 5.78 acres, more or less,being in the City of Roanoke,Virginia.
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
MARY F.PARKER,CMGAAE SANDRA H.EAKIN
City CattleSANDRA
City Clerk
July 11, 1997
File#51-514
Edward A Natt, Attorney
Osterhoudt, Ferguson, Nall,
Aheron &Agee
1919 Electric Road, S. W.
Roanoke, Virginia 24018
Dear Mr. Natt:
I am enclosing copy of Ordinance No. 33457-070797 rezoning a certain tract of land
located on the north side of Cove Road, N. W., containing 5.78 acres, more or less, and
identified as Official Tax No. 6410111, from RS-3, Residential Single-Family District, to
RM-3, Residential Multifamily, High Density District, subject to certain conditions proffered
by the petitioner. The abovereferenced measure was adopted by the Council of the City
of Roanoke on first reading on Monday, June 16, 1997, also adopted by the Council on
second reading on Monday, July 7, 1997, and will be in full force and effect ten days
following the date of its second reading.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:sm
Enc.
Edward A Natt, Attorney
Osterhoudt, Ferguson, Nall,
Aheron &Agee
July 11, 1997
Page 2
pc: Melrose Christian Church, 4807 Cove Road, N. W., Roanoke, Virginia 24017
Mr. and Mrs. Cedric H. Paff, 2903 Peters Creek Road, N. W., Roanoke, Virginia
24019
Ms. Joan F. Showalter, 55 East 9th Street, No. 8-L, New York, New York 10003
Mr. Francis M. Zayek, 32 Court Street, Brooklyn, New York 11201
St. Elias Catholic Church, 4730 Cove Road, N. W., Roanoke, Virginia 24017
Gilbert E. Butler, Jr., Chair, City Planning Commission, 3406 Exeter Avenue,
S. W., Roanoke, Virginia 24014
W. Robert Herbert, City Manager
Wilburn C. Dibling, Jr., City Attorney
Steven J. Talevi, Assistant City Attorney
Willard N. Claytor, Director of Real Estate Valuation
Nancy J. Brown, Appraiser Aide, Real Estate Valuation
Kit B. Kiser, Director, Utilities and Operations
William F. Clark, Director, Public Works
Charles M. Huffine, City Engineer
Ronald H. Miller, Building Commissioner
John R. Madles, Agent, City Planning Commission
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of July, 1997.
No. 33457-070797.
AN ORDINANCE to amend 536. 1-3, Code of the City of Roanoke
( 1979) , as amended, and Sheet No. 641, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City,
subject to certain conditions proffered by the applicant.
WHEREAS, David W. Jones, has made application to the Council
of the City of Roanoke to have the hereinafter described property
rezoned from RS-3, Single Family Residential District, to RM-3,
Residential Multifamily, High Density District, subject to certain
conditions proffered by the applicant; and
WHEREAS, the City Planning Commission, which after giving
proper notice to all concerned as required by 536. 1-693, Code of
the City of Roanoke ( 1979) , as amended, and after conducting a
public hearing on the matter, has made its recommendation to
Council; and
WHEREAS, a public hearing was held by City Council on said
application at its meeting on June 16, 1997, after due and timely
notice thereof as required by 536. 1-6931 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 the Council by the Planning
Commission, the City's Comprehensive Plan, and the matters
presented at the public hearing, is of the opinion that the
hereinafter described property should be rezoned as herein
provided.
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke that $36 . 1-3, Code of the City of Roanoke ( 1979) , as
amended, and Sheet No. 641 of the Sectional 1976 Zone Map, City of
Roanoke, be amended in the following particular and no other:
That certain tract of land located on the north side of Cove
Road, N.W. , containing 5.78 acres, more or less, and designated on
Sheet No. 641 of the Sectional 1976 Zone Map, City of Roanoke, as
Official Tax No. 6410111, be, and is hereby rezoned from RS-3,
Residential Single Family District, to RM-3, Residential
Multifamily, High Density District, subject to the proffers
contained in the First Amended Petition filed in the Office of the
City Clerk on May 22, 1997, and that Sheet No. 641 of the Zone Map
be changed in this respect.
ATTEST:
City Clerk.
xxwoaccawxex i
Department of Planning and Community Development
nx-rxn cwa.e �+a> - Planning Division
June 16, 1997
Honorable Mayor David A. Bowers
and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Request from David W. Jones, represented by Edward A. Natt, attorney,that
property located on the north side of Cove Road,N. W., containing 5.78 acres,
more or less, and bearing Official Tax No. 6410111, be rezoned from RS-3,
Residential Single Family District to RM-3,Residential Multifamily,High
Density District, such rezoning to be subject to certain conditions proffered by
the petitioner.
1. Back round:
A. Rum=of the rezoning Mugg is to construct an assi ted livingfa=dih. Petitioners
propose to develop facilities similar to "Greenwood Assisted Living" in Blacksburg,
Virginia.
B. Initial petition to rezone-jili fil d on 4/10/97. Atter discussions at the Planning
Commission public hearing, a First Amended Petition to Rezone was filed on
5/14/97. The conditions of the rezoning are as follows:
1. The property will be developed in substantial conformity with the Site
Development Plan prepared by Balzer&Associates, dated April 9, 1997,a
copy of which is attached to the Petition to Rezone, as Exhibit "2", subject to
any changes required by the City during comprehensive development plan
review.
2. That the property will be used as a group care facility for the elderly(assisted
living facility).
3. That the property will be developed in substantial conformity with the
rendering(picture)submitted with the rezoning Petition and attached hereto as
Exhibit 3.
Rowe 162 Municipal Building 215 Church Avenue. S.W. Roanoke, Virginia 24011 (W)853-2344
Members of Council
Page 2
C. Planning Commission public hea_rlpa was held on May 7 1997. Mr. Ed Natt,
Attorney, presented the rezoning request on behalf of the petitioner. He provided the
Commission with an amended petition which specified the use of the property and the
exterior design of the building, in addition to the development plan. There was no
one who objected to the rezoning request. The Planning Commission voted"to
recommend approves of the request. Messrs. Butler, Chrisman, Hill, Mantis,Rife
and Mrs. Duerk voted in favor of the request; Mrs. Coles was absent.
II. Issues:
A. ZOnlne of the p V9M is currently RS-3. Zoning of adjacent properties are RS-3 and
conditional C-2 along Peters Creek Road and a portion of Cove Road. Petitioner is
requesting RM-3 zoning because of density needs for the assisted living facility.
B. Land use of the oropMy is vacant land. Adjacent uses are two churches, a shopping
center, and single family homes.
C. Part 150 Airoort Noise Compatihility Program Study in 1995 indicates that the
subtest pOMM is located within the 60-65 Lan(average day(pi¢ht not It
contour. Noise levels greater than 65 Ldn are not recommended for residential uses.
Some communities establish the 60 Ldn as the threshold level. The study
recommended soundproofing of residential buildings within the 65 Ldn and higher,
more stringent building codes for new construction, and overlay zones to restrict
noise sensitive uses.
D. Utilities are available to the property. Storm water management is an issue for the
Peters Creek draining area. Some improvements have been made to the culvert at
Cove and Peters Creek Road; additional regional solutions for storm water
management in this drainage area are proposed.
E. There is no organized neighborhood organization for the area. The area is included
as part of the Hershberger Hills Neighborhood. Neighborhood meetings were
conducted in 1988 which identified neighborhood issues and established the
following Community Values and Objectives:
1. Development of Vacant land in the neiahborhood and future growth alon¢
Peters CreekCove and JhEghberger Bonds sbould be well planned in a
comprehensive manner to protect neighborhood values and address such
issues as pedestrian and traffic safety, drainage, and buffering of residences.
2. Storm water runoff should be better managed to reduce flooding along Peters
Creek and in the vicinity of Harvest Lane, Westside Boulevard, and Cove
Road near Hershberger Road.
Members of Council
Page 3
3. Programs and services to 19'A Ibc r1derly •a M ari¢hborhood
should be provided within the neighborhood.
4. Fnco�hedevelopment of c mpatible land uses in the vicinity of the
AiM=, especially relative to noise impact.
F. Comprehensive Plan recommends that:
1. Neighborhood ch abler and_Mdronmental Quality ShQuId be Protected.
Possible changes to land use or new public and private development in or near
residential areas should be carefully evaluated and designed to conserve and
enhance neighborhood quality.
2. Appropriate hou inQ s rvir,%for individuals with gp= I needs should he
va actable in neighborhood settings through public and private efforts.
3. Through a variety of public and private efforts, services should be made
available to allow Roa.oke's elderly and disabled ciug,,ns to remain in their
QMbgm?&or neighborhood as long as possible.
III. Aitematives:
A. City Council approve the rezoning request.
1. Zoning become RM-3_3yhirb provides for higher density re ioentia
development. The development plan for the property is a condition of the
rezoning.
2. Lad use is proposed to b for on assisted living center. Proffered condition
addresses use of the property.
3. Airoort noise may he an issue for this residential facility unless specific
measures are incorporated into the construction to minimize airport noise.
Proposed building is to be brick as per rendering(picture)that is a proffered
condition of the rezoning.
4. Utilities for storm water MAIIAMMrad are not availabh to the bi t property.
Drainage issues will have to be managed on site and there may be some
improvements required to the culvert along Cove Road.
S. Neighborhood residents hay met with the petitioner. There has not been
objections to the rezoning request. The previous values and objectives
identified in the 1988 neighborhood meetings can be followed.
Members of Council
Page 4
6. ComorChensive Plan could be folle3yed.
B. Planning Co mission recommend denial of the rezoning request.
1. ZD1 imz remain RS-3.
2. Land 119 limited to those a° pmitt d in the residential
3. Airport noise may st'11 be n issue for new r sidenti 1 constructio , Area
should possibly be considered for development for uses other than residential
because of its proximity to airport noise.
4. Utilities for storm water management mc still to be resolved.
5. Neighborhood values and objectives could be followed.
6. Campnghensivc Plan could be follow d.
IV. grummendation:
The Planning Commission on a yote of 6-0(Mrs C91CSfiblot). recommended that City
C=61 d aonrov e the rezon'
Respectfully submitted,
�o,AL'a - 1��Au�
Gilbert E. Butler, Jr., Chairman
Roanoke City Planning Commission
i
FIRST AMENDED PETITION TO REZONE
IN THE COUNCIL OF THE CITY OF ROANORE VIRGINIA
IN RE:
Request of David W. Jones to rezone property identified
as Official Tax No. 6410111 located on the north side of
Cove Road, NW, subject to certain , AEditions proffered
by the petitioner. -
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
The Petitioner, David W. Jones, is the contract purchaser of
land in the City of Roanoke containing 5 . 78 acres, more or less,
located on the north side of Cove Road, NW, identified as Official
Tax Number 6410111 currently zoned RS-3 , Residential Single
Family. A map of the property to be rezoned is attached as
Exhibit 111" .
Pursuant to Section 36 . 1-690, Code of the City of Roanoke
(1979) , as amended, the Petitioner requests that the property
identified as Official Tax Number 6410111 be rezoned from RS-3
Residential Single-Family to RM-3 Residential Multi-Family
District, subject to certain conditions set forth below, for the
purpose of developing an assisted living facility, said property
being described as follows :
BEGINNING at an iron on the north side of Va. Rt . No.
116, corner of Edwin D. Showalter property and T. T
Wells property; thence with the north side of Rt. No .
116, N. 50-14 W. 202 .84' to a point; thence N. 62-08 W.
202 .84' to an iron; thence with a new division 1-'n_
through the T. T. Wells property, N. 11-11 E. 433 .31 o
an iron; thence with another new line, N. 40-45 E.
oa,nxeue.. FERGUSON, 119 .2' to an iron in the fence on line of C. H. Poff
H•II.AMEN 6 AY[[ property; thence with the line of C. H. Poff property
•„a.....-•.ur along the fence, S. 54-56 E. 548. 7' to an old iron in
the fence on line of Edwin D. Showalter property;p y; Chance
with the line of Showalter property, along the fence, S .
33-13 W. 506.3' to the BEGINNING, and containing 5 . 78
acres, being shown on map made by T. P. Parker, C.E. ,
dated October 31, 1960, a copy of which is of record in
Deed Book 652, page 538 in the Clerk's Office of the
Circuit Court of Roanoke County, Virginia.
The Petitioner believes the rezoning of the said tract of
land will further the intent and purposes of the City's Zoning
Ordinance and its comprehensive plan, in that it will provide an
attractive and quality assisted living facility on the subject
property.
The Petitioner hereby proffers and agrees that if the said
tract is rezoned as requested, that the rezoning will be subject
to, and that the Petitioner will abide by, the following
conditions on the property identified as Official Tax No. 6410111 .
1 . The property will be developed in substantial conformity
with the Site Development Plan prepared by Balzer & Associates,
dated April 9, 1997, a copy of which is attached to the Petition
to Rezone, as Exhibit 11211 , subject to any changes required by the
City during comprehensive development plan review.
2 . That the property will be used as a group care facility
for the elderly (assisted living facility) .
3 . That the property will be developed in substantial
conformity with the rendering (picture) submitted with the
rezoning Petition and attached hereto as Exhibit 113^ .
Attached as Exhibit "4" are the names, addresses and tax
numbers of the owner or owners of all lots or property immediately
adjacent to immediately across a street or road from the procerty
aneznouor, vezau�oW.
BAR.ANIXON 4 AO[[ to be rezoned.
A}TO PM[q-q-4W
vaux4Az.vix4inu WHEREFORE, the Petitioner requests that the above described
z.an-un
tract be rezoned as requested in accordance with the provisions of
the Zoning Ordinance of the City of Roanoke.
Respectfully submitted this ( 4 day of
j 1996 .
RESPECTFULLY SUBMITTED,
`iVG
of counsel
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EXHIBIT 11411
PROPERTY OWNERS
Name Address Tax N"'te:s
Melrose Christian
Church 4807 Cove Road NW
Roanoke, VA 24017 5410110
Cedric H. and
Guida V. Poff 2903 Peters Creek Road NW
Roanoke, VA 24019 6410106
Edwin Dove Showalter
and Lura Showalter
c/o Johan Showalter 55 East 9th Street #8L
New York, NY 10003 6410116
Joan F. Showalter 55 East 9th Street
New York, NY 10003 6410112
Zayek, Francis M.
Eparch of the
St_ Maron of Brooklyn
C/o Kearney Hurley 32 Court Street
Brooklyn, NY 11201 6370111
Zayek, Francis M.
Eparch of Eparch
of Saint Maron of
Brooklyn
c/o Kearney Hurley 32 Court Street
Brooklyn, NY 11201 6370113
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TRAFFIC SUMMARY
FOR
GOOD SAMARITAN
HOSPICE
Prepared for:
S'�` Good
Samaritan
Advanced Illness Care • Hospice
4700 Block of Cove Road
City of Roanoke, VA 24019
B&A PROJECT#04210070.00
October 15, 2021
No C
CbRG�OPH�R P BJ8
100/15/2/15/202211
>
Po
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°s/O,',AL � BARER
& ASSOCIATES
PLANNERS ARCHITECTS ENGINEERS SURVEYORS
1208 Corporate Circle Roanoke, Virginia 24018 Phone (540) 772-9580
Introduction &Overall Project Scope:
This traffic summary is being provided to analyze the projected traffic for the proposed facility at
the project site located on Cove Road within the City of Roanoke. The property is tax parcel
6410111. The site area is approximately 5.7 acres. One entrance is proposed on Cove Road to
access the site.
The trip generation calculations are based on the proposed land use shown on the concept plan
by Balzer and Associates, Inc. (see Attachment #2). The proposed development consists of a
30,000 +/- sf facility with approximately 18,000 sf of office space and 12,000 sf of nursing home
space. Additionally, a future medical building is planned to be included with the development
and has been included in this traffic analysis.
The policies and procedures found in the Institute of Transportation Engineers (ITE) Trip
Generation Manual, 10" Edition, were employed to determine the potential site generated traffic
volumes for the proposed development. Traffic volumes for the average weekday and weekday
peak hours of the adjacent street traffic are provided and illustrated in the tables and figures
below. ITE trip generation charts have been included in this analysis (see Attachment III
(ITE Manual Designation—Nursing Home- 620)
(ITE Manual Designation— Clinic— 630)
(ITE Manual Designation— General Office- 710)
GOOD SAMARITAN HOSPICE
Trip Generation Calculations:
TRIP GENERATION
LAND USE AM PEAK HR PM PEAK HOUR DAILY
Proposed ITE Independent
Develo ment I Code Variable Enter Exit Total Enter Exit Total Total
Nursing Home 620 16 Beds 2 1 3 1 1 3 4 49
Clinic 630 6,000 s.f. 17 5 22 8 18 26 229
General Office 710 18,000s.f. 18 3 21 4 18 22 201
Total — -- 37 9 46 13 39 52 479
1
ATTACHMENT #1
Land Use: 620
Nursing Home
Description
A nursing home is any facility whose primary function is to provide care for persons who are
unable to care for themselves. Examples of such facilities include rest homes and chronic care and
convalescent homes. Skilled nurses and nursing aides are present 24 hours a day at these sites.
Nursing homes are occupied by residents who do little or no driving: traffic is pnmanly generated by
employees,visitors, and deliveries.Assisted living (Land Use 254)and continuing care retirement
community(Land Use 255)are related uses.
Additional Data
Time-of-day distribution data for this land use ere presented in Appendix A. For the four general
urban/suburban sites with data,the overall highest vehicle volumes during the AM and PM on a
weekday were counted between 11.00 a.m.and 12:00 p.m. and 1:30 and 2:30 p.m., respectively.
The average numbers of person trips per vehicle trip at the three general urban/suburban sites at
which both person trip and vehicle trip data were collected were as follows:
• 1.03 during Weekday, Peak Hour of Adjacent Street Traffic,one hour between 7 and 9 a.m.
• 1.12 during Weekday,AM Peak Hour of Generator
• 1.46 during Weekday, PM Peak Hour of Generator
The sites were surveyed in the 1980s,the 1990s,the 2000s,and the 2010s in Alberta(CAN),
Florida, New Hampshire, New Jersey, New York, Ontano, Canada, and Texas.
Source Numbers
436,502,598,734, 878, 971, 972
Nursing Home
(620)
Vehicle Trip Ends vs: Beds
Ona: Weekday
Setting/Location: General Urban/Suburban
Number of Studies. 3
Avg. Num.of Beds: 160
Directional Distribution: 50%entering. 50%exiting
Vehicle Trip Generation per Bed
Average Rate Range of Rates Standard Deviation
306 260-3.25 364
Data Plot and Equation Caution-Small Sample Size
to°°� x
andI
�I
6e]
<911'
X
2M
X
°L —o SO n00 150 — - - z°° 2W —300
X=Nome,of Beds
X Study Site - - - - Average Rate
Fired Come Equation:Not Given R•=••••
Nursing Home
wn)
Vehicle Trip Ends vs: Beds
On a: Weekday,
Peak Hour of Adjacent Street Traffic,
One Hour Between 7 and 9 a.m.
SettinglLocation: General Urban/Suburban
Number of Studies: 3
Avg. Num. of Beds: 134
Directional Distribution'. 72%entering 28%exiting
Vehicle Trip Generation per Bed
Average Rate Range of Rates S!andard Deviation
0.17 0.16-0.20 0.22
Data Plot and Equation Caution-Small Sample Size
a0
X
30
20
X
X
10
00 50 100 150 300 250 3001
X=Number of Beds
X Study Site - - - Average Rust,
Fitted Curve Equation:Not Given R'=^^
Nursing Home
(620)
Vehicle Trip Ends Vs: Beds
On a: Weekday,
Peak Hour of Adjacent Street Traffic,
One Hour Between 4 and 6 P.M.
Setting/Location: General Urban/Suburban
Number of Studies: 3
Avg. Num. of Beds. 100
Directional Distribution 33%entering,67%exiting
Vehicle Trip Generation per Bed
Average Rate Range of Rales Standard Deviation
022 0.12-0.27 0.26
Data Plot and EgUation Caution—Small Sample Size
4
X
30
x
20
III
o
i
X
i
0
o so too tw zoo
x-No,.,of Beds
X Study Site - - - - Average Rate
Fitted Curve Equation:Not Given Ra....
Land Use: 630
Clinic
Description
A clinic is any facility that provides limited diagnostic and outpatient care but is unable to provide
prolonged in-house medical and surgical care.Clinics commonly have lab facilities, supporting
pharmacies.and a wide range of services(Compared to the medical office,which may only have
specialized or individual physicians). Hospital(Land Use 610),free-standing emergency room(Land
Use 650),and medical-dental office building(Land Use 720)are related uses.
Additional Data
Time-of-day distribution data for this land use are presented in Appendix A. For the three general
urban/suburban sites with data.the overall highest vehicle volumes during the AM and PM on a
weekday were counted between 1030 and 11:30 a.m. and 3'.30 and 430 p.m., respectively.
The average numbers of person trips per vehicle trip at the five general urban/suburban sites at
which both person trip and vehicle trip data were collected were as follows:
• 1.40 during Weekday.AM Peak Hour of Generator
• 1.69 during Weekday, Peak Hour of Adjacent Street Traffic, one hour between 4 and 6 p.m.
• 1.52 during Weekday, PM Peak Hour of Generator
The sites were surveyed in the 1980s,the 1990s.the 2000s,and the 2010s in Alberta (CAN),
California, New Hampshire,Texas,and Vermont.
Source Numbers
440,734, 878 926, 972
Clinic
(630)
Vehicle Trip Ends vs: 1000 Sq. Ft. GFA
On a: Weekday
Setting/Location: General Urban/Suburban
Number of Studies'. 3
1000 Sq. Ft GFA: 21
Directional Distribution: 50%entering, 50%exiting
Vehicle Trip Generation per 1000 Sq. Ft. GFA
Average Rate Range of Rates Standard Deviation
38.16 2525-8621 6606
Data Plot and Equation Caution-Small Sample Size
120
x
i ow
g00 X
ami
I
X
am
2W
00 10 00 30 e0
X=1000 sq Ft GFA
X study Sae - - - - Avenge Rate
Fined Curve Equation:Not Given W
Clinic
IRIAM
Vehicle Trip Ends vs: 1000 Sq. Ft.GFA
On a: Weekday,
Peak Hour of Adjacent Street Traffic,
One Hour Between 7 and 9 a.m.
Setting/Location: General UrbaniSuburban
Number of Studies: 4
1000 Sq. Ft. GFA: 21
Directional Distribution: 78%entering 22% exiling
Vehicle Trip Generation per 1000 Sq. Ft. GFA
Average Rate Range of Rates Standard Deviation
3.69 227-9.36 2.82
Data Plot and Equation Caution—Small Sample Size
2WF
L x
t�
X
KX
as
J
0 ID o o 40
x- t000 Sq Ft GFA
X Study Site - - - - Average Rate
Flood Curve Equation Not Given R._....
Clinic
(630)
Vehicle Trip Ends vs: 1000 Sq.Ft.GFA
On a: Weekday,
Peak Hour of Adjacent Street Traffic,
One Hour Between 0 and 6 p.m.
SettinglLocation: General UrbaniSuburban
Number of Studies. 5
1000 Sq. Ft. GFA: 18
Directional Distribution: 29%entering, 71%exiting
Vehicle Trip Generation per 1000 Sq. Ft. GFA
Average Rate Range of Rates Standard Deviation
328 193-700 1.84
Data Plot and Equation Caution—Small Sample Size
im
X X
m
sa
X
aG
X
zap
X "
o ,o zo sa as
X=IOM Sq Ft GFA
X Study Site Fitted Curve - - - - Average Rate
Fitted came Equation:Ln(T)=0 72 Ln1X1+1.97 R'=0]0
Land Use: 710
General Office Building
Description
A general office building houses multiple tenants;it is a location where affairs of businesses,
commercial or industrial organizations, or professional persons or firms are conducted.An office
building or buildings may contain a mixture of tenants including professional services, insurance
companies, investment brokers,and tenant services,such as a bank or savings and loan institution,
a restaurant,or cafeteria and service retail facilities.A general office building with a gross floor
area of 5,000 square feet or less is classified as a small office building(Land Use 712). Corporate
headquarters building(Land Use 714), single tenant office building (Land Use 715),office park(Land
Use 750), research and development center(Land Use 760), and business park(Land Use 770)are
additional related uses.
If information is known about individual buildings, it is suggested that the general office building
category be used rather than office parks when estimating trip generation for one or more office
buildings in a single development. The office park category is more general and should be used
when a breakdown of individual or different uses is not known. If the general office building
category is used and if additional buildings, such as banks, restaurants, or retail stores are
included in the development,the development should be treated as a multiuse project. On the
other hand,if the office park category is used, internal trips are already reflected in the data and
do not need to be considered.
When the buildings are interrelated(defined by shared parking facilities or the ability to easily walk
between buildings)or house one tenant, it is suggested that the total area or employment of all
the buildings be used for calculating the trip generation.When the individual buildings are isolated
and not related to one another, it is suggested that trip generation be calculated for each building
separately and then summed,
Additional Data
The average building occupancy varied considerably within the studies for which occupancy data
were provided.The reported occupied gross floor area was 88 for general urban/suburban sites and
96 percent for the center city core and dense multi-use urban sites.
Tme-of-day distribution data for this land use for a weekday,Saturday, and Sunday are presented in
Appendix A. For the 16 general urban/suburban sites with data,the overall highest vehicle volumes
during the AM and PM on a weekday were counted between 7:30 and 8:30 a.m.and 4:30 and 5:30
p.m., respectively.
Forms three general urban/suburban sites with person trip data,the overall highest volumes during
the AM and PM on a weekday were counted between 8:45 and 9:45 a.m.and 12:45 and 1:45 p.m.,
respectively. For the three dense multi-use urban sites with person trip data,the overall highest
volumes during the AM and PM on a weekday were counted between 8:30 and 9:30 a.m.and 4:45
and 5:45 p.m.,respectively. For the four center city cote sites with person trip data,the overall
highest volumes during the AM and PM on a weekday were counted between 9:00 and 10.00 a.m.
and 12:45 and 1:45 p.m.,respectively,
The average numbers of person trips per vehicle trip at the eight center city core sites at which both
person trip and vehicle trip data were collected were as follows'
• 2.76 during Weekday, Peak Hour of Adjacent Street Traffic,one hour between 7 and 9 a.m.
• 2.90 during Weekday,AM Peak Hour of Generator
• 2.91 during Weekday, Peak Hour of Adjacent Street Traffic,one hour between 4 and 6 p.m.
• 3.02 during Weekday, PM Peak Hour of Generator
The average numbers of person hips per vehicle trip at the 18 dense multi-use urban sites at which
both person trip and vehicle trip data were collected were as follows'
• 1.47 during Weekday, Peak Hour of Adjacent Street Traffic, one hour between 7 and 9 a.m.
• 1.47 during Weekday,AM Peak Hour of Generator
• 1.46 during Weekday, Peak Hour of Adjacent Street Traffic,one hour between 4 and 6 p.m.
• 1.53 during Weekday, PM Peak Hour of Generator
The average numbers of person trips per vehicle trip at the 23 general urbantsuburban sites at which
both person trip and vehicle trip data were collected were as follows'
• 1.30 during Weekday, Peak Hour of Adjacent Street Traffic,one hour between 7 and 9 a.m.
• 1.34 during Weekday,AM Peak Hour of Generator
• 1.32 during Weekday, Peak Hour of Adjacent Street Traffic, one hour between 4 and 6 p.m.
• 1.41 during Weekday, PM Peak Hour of Generator
The sites were surveyed in the 1980s,the 1990s,the 2000s,and the 2010s in Alberta(CAN),
Caldomia, Colorado, Connecticut, Georgia, Illinois,Indiana, Kansas, Kentucky, Maine, Maryland,
Michigan, Minnesota, Missouri, Montana, New Hampshire, New Jersey, New York, Pennsylvania,
Texas, Utah,Virginia, and Washington.
Source Numbers
161, 175, 183, 184, 185,207,212,217,247, 253,257,260,262,273, 279,297,298,300, 301, 302,
303, 304, 321,322, 323,324,327,404,407,408,418,419,423,562, 734,850,859,862, 867, 869,
883. 884, 890,891. 904,940, 944 946,964,965, 972
General Office Building
(710)
Vehicle Trip Ends vs: 1000 Sq.Ft. GFA
Ona: Weekday
Setting/Location: General Urban/Suburban
Number of Studies'. 66
1000 Sq. Ft. GFA: 171
Directional Distribution: 50%entering. 50%exiting
Vehicle Trip Generation per 1000 Sq. Ft. GFA
Average Rate Range of Rales Standard Deviation
974 2.71 -27.56 515
Data Plot and Equation
6 000 y
5000 X X
X X
X
OOOi X
XX
x
x X X
~ 1o00
X
XX
30N
,7cx ,
X -kx x
1 0�0
X X
00 20-0 -4W—.0 800 t000 -L3o�
X= 1000 Sq Ft GFA
X sady site Fined Curve - - - - Average Rate
Flnad Curve Equation:Ln(TI=0.97 Ln(X) 2.50 R--0.83
General Office Building
(710)
Vehicle Trip Ends vs: 1000 Sq. Ft. GFA
On a: Weekday,
Peak Hour of Adjacent Street Traffic,
One Hour Between 7 and 9 a.m.
SettinglLocation: General Urban/Suburban
Number of Studies'. 35
1000 Sq. Ft. GFA: 117
Directional Distribution: 86%entering. 14%exiting
Vehicle Trip Generation per 1000 Sq. Ft. GFA
Average Rate Range of Rates Standard Deviation
1.16 037-4.23 0.47
Data Plot and Equation
SW /
X
X '
a6
X XX
X
66j X
/Xy
X X
ao Xi' X
X X
00 100 200 300 <p0 500 600
X= 1000 Sq Ft GFA
X Study Site Fltred Curve Average Rate
Fitted Curve Equation;T-0g4(X)1 26.49 R'-0.05
General Office Building
(710)
Vehicle Trip Ends vs: 1000 Sq.Ft.GFA
On a: Weekday,
Peak Hour of Adjacent Street Traffic,
One Hour Between 4 and 6 p.m.
Setting/Location: General Urban/Suburban
Number of Studies. 32
1000 Sq. Ft. GFA'. 114
Directional Distribution 16%entering 84%exiting
Vehicle Trip Generation per 1000 Sq. Ft. GFA
Average Rate Range of Rates Standard Deviation
1.15 047-3.23 042
Data Plot and Equation
4001 X
�Z-
700
300200100O200 300 400 500 SW
X= 1000 Sq Ft GFA
X Study Site Fitted Curve - - - Average Rate
Fitted Curve Equation:Ln(T)=095 Ln(X)+0.36 R'=0.88
7 }
�.:. - o r a
..
0 f
rr rr
a
I �
w
0
0
°cx
i1
EX-A
ZONING DISTRICT MAP °ro
. . o
0 Cove Road NW
official Tax Parcel: 6410111
®Area to be Rezoned
,��4e� p"p1 '0704
Zoning V
AD:Airport Dev Q
�P-
- CG Commercial.General • r • r
— CLS:Commercial-Large Site s g f
® CN'.Commercial-Neighborhood s
- D:Downtown p O
- 1-1:Light Industrial ad
- I-2:Heavy Industrial
- IN.InsRutional i
68701
INPUD:Institutional Planned Unit Dev $"
6q � Sp qS
-IPUD'.Industrial Planned Unit Dev p^ 07j7 y1g2 IV14 ) I G
6
- MX'.Mixed Use no 101q `° C ry
407 �� o
0 MXPUD:Mixed Use Planned Unit Dev �
R-12'.Res Single-Famiy 00 rye 6 7p7�3y -
R-3:Res Single-Family Comme I
R-5'.Res Single-Family 68I Site Conditional10'3,> W77�okRI/V
R-7'.Res Single-Family Ord#26800-1 611 6 O ej�',. Cry
RA:Res-Agricultural 631 617 0185, R v � O iQ Y
0j02 g�
RM-1 Res Mixed Density0734 p op
RM-2:Res Mixed Densiy • C "" `
Institutional
v
- RMF'.Res Mul homily j
- ROS:Recreation and Open Space p ^p^
0P n
- OF:Urban Flex
Conditional Zoning to
k-Y
e ' 64
7
p cial-General Q5 toA
.^p
u,/➢ice P 8370107 n #o,
•r
0 100 200 Feet "LVr o
ro' 6370116
T��
The Roanoke Times Account Number
Roanoke,Virginia 6011439
Affidavit of Publication
Date
CITY OF ROANOKE-POB November 02,2021
Atte TINA CARR
215 CHURCH AVE
ROOM 166
ROANOKE,VA 24011
Date Category Description Ad Sae Total Cost
11/1112021 Legal Notices PUBLIC HEARING NOTICE Any public hearings advertised he 1 a 299 L 2,798.98
Publisher of the
Roanoke Times
I,(the undersigned)an authorized representative o7the
Roanoke Times,a daily newspaper published In RoState of Virginia,do certify that the annexed noticeHEARING NOTICE An was published In said newspa
following dates:
10126,11102/2021
The First insertion being given ... 1012612021
Newspaper reference: 0001272705
JCYi.Lcla,. �th'
Billing Representative
Sworn to and subscribed before me this 2nd Day of Nov^21
Notary Public
Crystal Mickle Robinson
State of Virginia Notary Public
County of Hanover Commonwealth of Virginia
My Commission expiresR202F,
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 CouMil
Chamber,fourth floor,Room 4%Noel
C. Taylor Municipal Bulltlbg, 215
Church Avenue SW,Roanoke.Virginia
This public timing may Ire conducted
by electronic communication Means
due to the MVIO-19 pandemic
disaster. Persons mglstand ro speak
may names[ information to present
their testimony wo electronic
communication means, as described
below. Citizens who register will W
provitled Inlmmmlon to present their
testimony In person on via electronic
communications means should the
elc itronic commd
a icationbe sMeanse
Means du
to the COVIUI9 pandemic disastm. All
persons shall be aRorded
opportunity to speak and stn their
views conceming all aspects of these
matters.
Any aWlicatlons will be dhkally
available for review online at h PSW
_= N oovrz019/[rani ssioRs or
may be defamed digitally by¢marlin
pia nine®rouWkrveom.
If you are a person with a disability
Who needs accommodations for any
public
eI bade contact the rye Clerks Once.
(5a0)B53 2511, by Won. Friday,
Novembm5.2021.
Cecelia F.M6CPy.CMC,City Clerk
The City d Remake Pleankrg
Commissions will hold a WMIc hearing
on November&2021,at 190 p.m-or As
soon thereafter as the matter may be
heard, to consider the (Mimi"
matters. All persons wishing to
address IM planning Commission most
signup with the Secretary to the
planning Commission by ¢mailing
phimiguilli nuffills0v ruby calling
Nmemher�3, 20Wn Warrenton,
21. IfMune .
persons who register to speak will be
provided wIM Information W present
their testimony via electronic
communication means. Written
comments of Interested persons will be
received by the Secrelaz o tto e
Manna Com mission at
�kevao v by npeM1 Wednesday.
Wycmben3,02N1. C111zensarenomard
that the date on which citizens may
WNum from or law,usual dte.comment iso
Application by Hardin Rome, I-M to
vacate an alley running north from
Franklin Road5W towards Wck AvzWc
SW,ohacent m property located at 117
Franklin Road SW,official Tax Map W.
1012613, aM extending north to the
southwest comer of 120 Luck Avenue
See.Official Tax Mep No.101260&and
t0 Include by, portion of the alley
running parallel to Frendin Road SW
and Luck Avenue SW,continuing east
from its intersection with the
aforementioned alley to the southeast
comer of Me building on 120 Luck
Avenue SW.
Application by Good Samaritan Hospice
to repeal all conditions previously
proffered As part nt a previous
meaning adopted through the
enactment of Ordinal¢¢ 33,457020797
on prepare, located at 0 Cove Road
NW, bearing ORcial Tax Map Na
6110111, and to relone the property,
from RMF, Residential Witilamiy
DIUHM to Wall InstNutlon.I Planned
Unit Development District subject W a
development plan. The proffered
conditions requested! to be repealed
relate to developing the property in
substantial conformity w10 a
Development plan and rendering
sub di ted with the previous remning
Audi tient me property be used a group
care facility fprthe elderly. The land
use categories permitted In INPUD
Include rPSldentlal: acLVmnpdatims
and group living; commercial;
inMstrial: usembly ant
entemara nit public,Institutional and
community frellities; tramtiona n;
utility: agricuRU,* and as VVY,
wind maximum density as specified on
the planned unit Development Plan
earshr �idntaMropem fcomprehensive
residential
use The proposed land use Is group
care illry,h nursing home: once
general or professional: and medical
cline,
Proposed amendments to Chapter 363.
zoning• of the Code M the City M
Roanoke (1979), As amended by
amending and reordalnin9,adding.or
deleting the follawkg code sessions to
update, clarity. and make the City's
mining Granance easier to use for it
cdDens, mid to make the inning
ordinance consistent with stare cote
such amendments not constituting A
comOreheosive remning or change of
any densities mat would decrease
admitted! density In any distrieL
unless otheDdse antM
1. Section 362411, Use table for
residential districts,to Wlaw accessory
apartments As a permitted use within
At realdmdlal districts Allow Electrical
Vehicle C"Ingo Stations in remain
midentlal districts Allow Solar Energy
Fal as a"Tatte i use within Ali
residential districts;
2. Section 365312, Dimensional
regulations for residential districts,to
remove Minimum parking
requirements for a0 residential
districts;
3. Section 362315, Use table for
muRiple purpose districts, to allow
Electrical Vehicle Charm,Stations in
multiple purpose districts.Allow Salm
Enemy Facilities As a Permitted use
within all multiple Purpose districts:
1. Section 362 316. dmensional
regulations for multiple purpose
districts,to remove Minimum training
requirements for all multiple parpose
districts;
5. Section 361-311, Use table for
industrial districts, to allow Electrical
Vehicle Charging Stations as a
permitted use within all industrial
soa .Ift,d use within ��stna
districts;
6. Section 361-313, Dimensional
regulations for Industrial districts,to
remove Minimum paring
requirements for all Industrial districts;
3. Section 361-313, Use table for
planned
unit development districts,to
allow ElectriW Vehicle e Cha
Stations as a permitted use within all
planned unit development distrkte.
Allow Solar Energy facilities - a
pemdtted use within all planned unit
development districts;
S. Section 36.2=FloodpWin overlay
distr ct (dN2O)0) and UU, to add
daital rmtmmsstIn smtch hemutaMazdooff tpassi he
Fedttal Emergency Management
Agency's Natural Band Insurance
Program;
9. Section 362-333.Floodplain overlay
district lf1(U(0),to remove Wnguage
duplicated in flwdplalnoveday Gzsion 36.2 333.
V�ict(9(1)(E);
UaSacdon 361-03, Accessory Uses
and structures,to specifically address
Solar Enerl Fatilllies.an Accessory
Use with its own Supplement
Regulations;
ILSmUmd 36.2-40.3, Ac¢imry uses
and surd ears,to specifically address
Electric
Vehicle
an access" UsergiswwithStations
t Iontsown
Supplement Repuleimss;
12,Wtion utlfig.Minimum parking,
Up remove minimum parking
recha¢mens and rename the Section
WW-Sita Parking;
lj$ccHon 361653,Maximum parking,
to temove remens and tonmake revisimum ions t
reWio
Table 6511.mounted Puces,
Parking Spa
to be renmias Table 931.Padang
Calculation.
Tamndendmeuidis describer-oboe shallbee
Cod c�iil ion ee Cadoption
ty offA anolo.he L'ry
The proposed amendments are
available for review online at httpsV
ro0n0heyd.gOV[LO1gJCOmmissiOnS
and
https;.//Pi an roanake.org/
ion m n atiuh or may be obtained
digitally by amailing planning@
roar.own.9m,
Tina M.Cart,Secretary,City Plannimg
Commission
Shy Card will hold a public hearing
on the aforesaid matters on November
1% 2011, at Log p.m., or as soon
inetheflm as the of, football NCMn here four Map
-
in
MOM 150. Noel C, Taylor
MunlCipd Buildin 315 Church Avenge
SW. Roanoke, Virginia All persons
wilting to address City COUNII may
signup online at www.roanakeva 9ov/
Council. In older 0 lisp.161 term to
speak befofe City Council may be
accessed Paper lap fah"Sign Up form
to Speak War,Cauncil"on the left of
the Xwen. Sign up ms Most he
rece edbY 1201incomof Monday,
"Ob c�ev0.1m 11is caW award
the
electronic communication means due
too will betifl
rooed by UseiCity oerls's
Office. Por hither Idormffioh, Year
may contact the ONee of the City Clerk
at(SUMID 3511.
Cecel la f.WC1.CMC,Clty Clerk
The CRY N PoaImY pal d teal
Appeah will Mld a MAIM hearing on
Noon thoori as the makers may ap
ar
Meld to .,War the belowing
applications All persons wishing to
atldress the BoaA of Zonal Appeals
must slgn p with the allM ay tothe
Bandid 3onirg Appeby
planningna wa.gpv pe by Calling
(54DX531330 by noon, WednesdaY.
November 3,2021. Written comments
of inter, persons will he received
by the SenefarY to the An pf Zomig
Appeals dal ' W • k•va oov by
noon, Wednesday, No embef 3.M 1
CUP are advised that the data par
which citill s may MIUsler or make
commend Is A departure from the usual
date.
,pteation by Penn forIla,,a at JIM llnd Street 5W,pbear�ing
Offlclal Tad Map W. 10123(1, ter A
special eaceptlon pursuant to saw.
,,,.Sf0e) Zomba,Cade d the City of
Rmwke(1979).as amended.to permit
a shod term rental.
Tina M.Can.SecrefarY.ply Boad of
Zoning Appeals
(1272705)
PUBLIC HEARING NOTICE
PUBLIC HEARING NOTICE
Any public hearings advertised herein will be held in the City Council Chamber, fourth floor,
Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke,Virginia.
This public hearing may be conducted by electronic communication means due to the COV ID-19
pandemic disaster. Persons registered to speak may request information to present their
testimony via electronic communication means, as described below. Citizens who register will
be provided information to present their testimony in person or via electronic communications
means should the public hearing be conducted by electronic communications 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 at
lums't'roanokeva gov'2019'CO1111,lissions or may be obtained digitally by emailing
planninn(droanokeva.gv.
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 5, 2021.
Cecelia F. McCoy, CMC, City Clerk
The City of Roanoke Planning Commission will hold a public hearing on November 8, 2021,
at 1:30 p.m., or as soon thereafter as the matter 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 throanokeva.cov or by calling(540)853-1330 by
noon, Wednesday, November 3, 2021. If requested, persons who register to speak will be
provided with information to present their testimony via electronic communication means.
Written comments of interested persons will be received by the Secretary to the Planning
Commission at plannine(h roanokcva.uov by noon, Wednesday,November 3,2021. Citizens are
advised that the date on which citizens may register to speak or make comment is a departure
from the usual date.
Application by Franklin Road, LLC, to vacate an alley running north from Franklin Road SW
towards Luck Avenue SW, adjacent to property located at 117 Franklin Road SW, Official Tax
Map No. 1012613, and extending north to the southwest comer of 120 Luck Avenue SW,
Official Tax Map No. 1012606, and to include the portion of the alley running parallel to
Franklin Road SW and Luck Avenue SW, continuing east from its intersection with the
aforementioned alley to the southeast comer of the building on 120 Luck Avenue SW.
Application by Good Samaritan Hospice to repeal all conditions previously proffered as part of a
previous rezoning adopted through the enactment of Ordinance 33457-070797 on property
located at 0 Cove Road NW,bearing Official Tax Map No. 6410111, and to rezone the property
from RMF, Residential Multifamily District, to INPUD, Institutional Planned Unit Development
District, subject to a development plan. The proffered conditions requested to be repealed relate
to developing the property in substantial conformity with a development plan and rendering
submitted with the previous rezoning and that the property be used a group care facility for the
elderly. The land use categories permitted in INPUD include residential; accommodations and
group living; commercial; industrial; 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 comprehensive plan designates the
property for multifamily residential use. The proposed land use is group care facility, nursing
home; office, general or professional; and medical clinic.
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 sessions to
update, clarify, and make the City's zoning ordinance easier to use for its citizens, and to make
the 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:
i
I. Section 36.2-311, Use table for residential districts, to allow accessory apartments as a
permitted use within all residential districts. Allow Electrical Vehicle Charging Stations
in certain residential districts. Allow Solar Energy Facilities as a permitted use within all
residential districts;
2. Section 36.2-312, Dimensional regulations for residential districts, to remove Minimum
parking requirements for all residential districts;
3. Section 36.2-315, Use table for multiple purpose districts, to allow Electrical Vehicle
Charging Stations in multiple purpose districts. Allow Solar Energy Facilities as a
permitted use within all multiple purpose districts;
4. Section 36.2-316, Dimensional regulations for multiple purpose districts, to remove -
Minimum parking requirements for all multiple purpose districts;
5. Section 36.2-322, Use table for industrial districts, to allow Electrical Vehicle Charging
Stations
as a
permitted tted use within all industrial districts. Allow Solar Energy Facilities as
a permitted use within all industrial districts;
6. Section 36.2-323, Dimensional regulations for industrial districts, to remove Minimum
parking requirements for all industrial districts;
7. Section 36.2-327, Use table for planned unit development districts, to allow Electrical
Vehicle Charging Stations as a permitted use within all planned unit development
districts. Allow Solar Energy Facilities as a permitted use within all planned unit
development districts;
{
8. Section 36.2-333, Floodplain overlay district(d)(2)(D)(i) and (it), to add additional
requirements in A-zones to match the minimum standards of the Federal Emergency
Management Agency's National Flood Insurance Program;
9. Section 36.2-333, Floodplain overlay district(f)(1)(D), to remove language duplicated in
Section 36.2-333, Floodplain overlay district(f)(1)(E);
10. Section 36.2-403, Accessory uses and structures, to specifically address Solar Energy
Facilities as an Accessory Use with its own Supplement Regulations;
11. Section 36.2-403, Accessory uses and structures, to specifically address Electric Vehicle
Charging Stations as an Accessory Use with its own Supplement Regulations;
12. Section 36.2-652, Minimum parking, to remove minimum parking requirements and
rename the Section to Off-Site Parking;
13. Section 36.2-653, Maximum parking, to remove minimum parking requirements and to
make revisions to Table 652-2. Required Parking Spaces, to be renamed as Table 653-I.
Parking Calculation.
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 at
htln5>'roanokeca.eoc;'_019:Cummissions and h[t planroarnike.i�r ,,imnlementatiun or may be
obtained digitally by emailing r1 lagning a ro mokeca��uc.
Tina M. Carr, Secretary, City Planning Commission
City Council will hold a public hearing on the aforesaid matters on November 15, 2021, at 7:00
p.m., or as soon thereafter as the matter 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 wishing to address City Council may sign-up online at wwNv.roanokeva.eoc/couneil.
In order to sign up,the form to speak before City Council may be accessed under the tab "Sign
Up Form to Speak Before Council" on the left of the screen. Sign up forms must be received by
12:00 noon on Monday, November 15, 2021. In the event the public hearing is conducted by
electronic communication means due to the COV ID-19 pandemic disaster, you will be notified
by the City Clerk's Office. For further information, you may contact the Office of the City Clerk
at(540)853-2541.
Cecelia F. McCoy, CMC, City Clerk
The City of Roanoke Board of Zoning Appeals will hold a public hearing on November 10,
2021, at 1:00 p.m., or as soon thereafter as the matters may be heard, to consider the following
applications. All persons wishing to address the Board of Zoning Appeals must sign-up with the
Secretary to the Board of Zoning Appeals by emailing plamningtarounpkeva.uov or by calling
(540)853-1330 by noon, Wednesday, November 3, 2021. Written comments of interested
persons will be received by the Secretary to the Board of Zoning Appeals at
planningla r amokcva.goy by noon, Wednesday, November 3,2021. Citizens are advised that the
date on which citizens may register or make comment is a departure from the usual date.
Application by Alex Pearl for property located at 1002 2"a Street SW, bearing Official Tax Map
No. 1022301, for a special exception pursuant to Section 36.2-560(c), Zoning, Code of the City
of Roanoke (1979), as amended, to permit a short-term rental.
Tina M. Can, Secretary, City Board of Zoning Appeals
Please publish in newspaper on Tuesday, October 26, 2021, and Tuesday, November 2, 2021.
Please bill and send affidavit of publication to:
Tina M. Can
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.cal r a roanoko a._q0_%
Please send affidavit of publication to:
Cecelia F. McCoy, CMC, City Clerk
215 Church Avenue SW, Suite 456
Noel C. Taylor Municipal Building
Roanoke, Virginia 24011-1536
540/853-2541
p CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue,S.W.,Room 456
Roanoke, Virginia 24011-1536
tr•_"X Telephone: (540)853-2541
Fax: (540)8531145
CECELIA F.MCCOY,C51C E-mail: elerkCo.roanokeeo.gov CECELIA T.WEBB,C\IC
City Clerk Depun City Clerk
November 1, 2021
Ben Crew, Associate
Balzer & Associates, Inc.
1208 Corporate Circle
Roanoke, Virginia 24018
Dear Mr. Crew:
A public hearing has been advertised to be heard by the City Planning Commission
on Monday, November 8 at 1:30 p.m. in regard to your request by Good Samaritan
Hospice to repeal all conditions previously proffered as part of a previous rezoning
adopted through the enactment of Ordinance 33457-070797 on property located at
0 Cove Road, N. W., and to rezone the property from Residential Multifamily District to
Institutional Planned Unit Development District, subject to a development plan. (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 15 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 8.
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 U
City Clerk
Enclosure
c:
Tina Carr, Secretary to the City Planning Commission
Aaron Housh, Good Samaritan Hospice, 2408 Electric Road, Roanoke, Virginia
24018
Nancy Phillips, Greenwood Group, Inc., P. O. Box 11231, Blacksburg, Virginia
24062
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue,S.W., Roam 456
Roanoke,Virginia 24011-1536
Telephone: (540)853-2541
Fax: (540)853-1145
CECELIA E.81CCOY,CHIC E-mail: darkLr...rkee..gmCECELIA T.WEBB.ChIC
City Clerk Deputy City Clerk
November 1, 2021
Dear Ladies and Gentlemen:
A public hearing has been advertised to be heard by the City Planning Commission
on Monday, November 8 at 1:30 p.m. in regard to a request by Good Samaritan
Hospice to repeal all conditions previously proffered as part of a previous rezoning
adopted through the enactment of Ordinance 33457-070797 on property located at 0
Cove Road, N. W., and to rezone the property from Residential Multifamily District to
Institutional Planned Unit Development District, subject to a development plan. (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 15 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 8.
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.
S�incerelly,
t -
Cecelia - qwbT
�nIMcCoy, CM
C V
City Clerk
Enclosure
c: Tina Carr, Secretary to the City Planning Commission
Adjoining Property Owners and Interested Parties
November 1, 2021
Page 2
pc: New Horizon Limited Company Jeffrey Harriman
P. O. Box 279 2318 Willow Walk Drive, N. W.
Union Hall, Virginia 24176 Roanoke, Virginia 24017
Francis M Eparch of the Saint Zayek Dennis Renouard Brown
4730 Cove Road N. W. 2402 Willow Walk Drive, N. W.
Roanoke, Virginia 24017 Roanoke, Virginia 24017
Carmax Auto Superstores, Inc. Louis Doan
Attn: Tax Department 2406 Willow Walk Drive, N. W.
12800 Tuckahoe Creek Parkway Roanoke, Virginia 24017
Richmond, Virginia 23238
Joyce P. Bolender
Melrose Christian Church 2410 Willow Walk Drive, N. W.
4807 Cove Road, N. W. Roanoke, Virginia 24017
Roanoke, Virginia 24017
Kelsey M. Engle
Greenwood Group, Inc. 2414 Willow Walk Drive, N. W.
P. O. Box 11231 Roanoke, Virginia 24017
Blacksburg, Virginia 24062
Zenobia Bailey
Fralin SP, LLC 2418 Willow Walk Drive, N. W.
P. O. Box 7038 Roanoke, Virginia 24017
Roanoke, Virginia 24019
Jose Juandiego Gonzalez
Barbara Musgrove 4801 Cove Road, N. W.
2306 Willow Walk Drive, N. W. Roanoke, Virginia 24017
Roanoke, Virginia 24017
Carlos A. Vijil Yanez
2310 Willow Walk Drive, N. W.
Roanoke, Virginia 24017
Gregory P. Barba
2314 Willow Walk Drive, N. W.
Roanoke, Virginia 24017
AFFIDAVIT
REQUEST: Application by Good Samaritan Hospice to repeal all conditions previously proffered as part of a
previous rezoning adopted through the enactment of Ordinance 33457-070797 on property located at 0 Cove
Road NW,bearing Official Tax Map No. 6410111, and to rezone the property from RMF, Residential
Multifamily District, to INPUD, Institutional Planned Unit Development District, subject to a development
plan. The proffered conditions requested to be repealed relate to developing the property in substantial
conformity with a development plan and rendering submitted with the previous rezoning and that the property
be used a group care facility for the elderly. The proposed land use is group care facility, nursing home; office,
general or professional; and medical clinic. `���
%% Spy ALYS� '.�.
��•••NOTARY'•.9�'
UBUC
*:•REG.#7792383•:* -
COMMONWEALTH OF VIRGINIA ) =o MYCOMMISSION :g,
EXPIRES
TO-WIT: ��••. 4
p •.•/30/2022•.
CITY OF ROANOKE ) %,'1'�, JN
FATH
The affiant,Tina M. Carr, first being duly sworn, states that she is Secretary to the Roanoke City Planning
Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states
that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the
-Fh
Planning Commission of the City of Roanoke, she has sent by first-class mail this -1-rC11-
-�lI �/�m hey
2021, notices of a public hearing to be held on this _ 2021 on the request
captioned above to the owner or agent of the parcels as set out on the attached.
Tina M. Carr
SUB RIB D AND SVyORN to before me, a Notary Public, in the City of Roanoke, Virginia, this o2 G_t�day of
1/ 2021.
otary Pwic
DocuSign Envelope ID:2082E378-EB56-4D3C-828A-034DD6FD6DD0
Zoning Amendment
Application
Department of Planning, Building and Development ROA N O K E
Room 166, Noel C.Taylor Municipal Building
215 Church Avenue, S.W. Click Here to Print
Roanoke,Virginia 24011
Phone: (540)853-1730 Fax: (540)853-1230
Filing Date:
10/14/2021 Submittal Number:
PAmended Application No. 1
RowleAt OMLO-01 A`thM a plv)
❑ Rezoning, Not Otherwise Listed ❑ Amendment of Proffered Conditions
❑ Rezoning, Conditional ❑ Amendment of Planned Unit Development Plan
Rezoning to Planned Unit Development ❑ Amendment of Comprehensive Sign Overlay District
❑ Establishment of Comprehensive Sign Overlay District
PrMOM
Address:
0 Cove Road NW Roanoke, VA 24017
Official Tax No(s).: 6410111
ExistingmultifamilyWithout Conditions 33457-070797
RMF, Residential ❑ Ordinance
Zoning: M With Conditions No(s). (If
❑ Planned Unit Development
applicable):
Requested INPU), Institutional Planned U i t❑ W*e0W;aWitions Proposed Croup care facility,
Land Use: nursing home //
Zoning: With Conditions office, general or
x❑ Planned Unit Development professional //
me d ica C inic
Name:
Greenwood Group Inc. c/o Nancy Phillips Phone Number: 5409512698
Address:
P.O. Box 11231 Blacksburg, VA 24062 E-mail: NwPhillips@ntelos .ne
DocuSigned by:
E
ana c� rL8E4 .rs
06113072CEE4B1
Name:
Good Samaritan Hospi ce c/• Aaron Housh Phone Number: 5407760198
2408 Electric Road Roanoke, VA 24018 E-mail: Ahoush@goodsam.care
Address:
DocuSigned by:
Qam, Rm&
3EE8ADBD8642421. �
Name:
Balzer & Associates, Inc. c/o Ben Crew Phone Number: 5407729580
Address:
1208 corporate Circle Roanoke, vA 24018 E-mail: Bcrew@Balzer.cc
DocuSignedACby84:
4A 3_0_
.
DocuSign Envelope ID:2082E378-EB56-4D3C-828A-034DD6FD6DD0
Zoning Amendment
Application Checklist idow
The following must.be s*rAed for all ap$i a ions. ROA N O K E
Fx- Completed application form and checklist.
F Written narrative explaining the reason for the request.
IT Metes and bounds description, if applicable.
IT Filing fee.
For a razaning IwA othenviae listed,the following must also be submitted.
Concept plan meeting the Application Requirements of item'2(c)' in Zoning Amendment Procedures.
For a cortdldonai r ningt the Mowing roust also be submitted.
F- Written proffers. See the City's Guide to Proffered Conditions.
Concept plan meeting the Application Requirements of item'2(c)'in Zoning Amendment Procedures. Please label as
'development plan'if proffered.
Fora planned'i1ok Mlopment;the fofollowincg,must also be submitted:
IT Development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance.
For a cotnpreltensi sign 011e0Y disOW,the follow"must be sub n tted.
F-" Comprehensive signage plan meeting the requirements of Section 36.2-336(4)(2)of the City's Zoning Ordinance.
For an imntiti � tis;the fcillowing moat alp bo subrr► d
Amended development or concept plan meeting the Application Requirements of item'2(c)'in Zoning Amendment Procedures,
If applicable.
F- Written proffers to be amended. See the City's Guide to Proffered Conditions.
F- Copy of previously adopted Ordinance.
For a ptartrted uta d re ry t ent ettdr rlt,the following must also be submitted:
f Amended development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance.
F- Copy of previously adopted Ordinance.
For a ccntt relnensive sign overlay a olulment,the following must also be submitted:
F Amended comprehensive signage plan meeting the requirements of Section 36.2-336(4)of the City's Zoning Ordinance.
f— Copy of previously adopted Ordinance.
For a proPMl that l oins a trafllc t pact study be st bmitted-tD City,the following mast alp be suEtnnOd.
I— A Traffic Impact Study in compliance with Appendix B-2(e)of the City's Zoning Ordinance.
For a propoW that requires a tr8ft nnpad MAWS be subrriitted to VD0Tj the fallowing must'wbe ubrnitted;
T` Cover sheet.
f— Traffic impact analysis.
F- Concept plan.
f— Proffered conditions, if applicable.
F- Required fee.
*An electronic copy of this application and checklist can be found at www.roanokeva.gov/planningcommission. A complete packet must
be submitted each time an application is amended, unless otherwise specified by staff.
e ,r---,
Samaritan
Advanced Illness Care•Hospice
ZONING AMENDMENT REQUEST NARRATIVE:
The purpose of this request is for the zoning amendment and removal of existing
conditions to facilitate a new Good Samaritan Hospice facility and corporate offices and
future Palliative Care facility. This request will allow Good Samaritan Hospice "Good
Sam"to provide in-patient care in a centralized location for the Roanoke Valley and
beyond on Cove Road within the City of Roanoke, Virginia.
Two-Part Request:
1. Remove existing proffered conditions for Tax Parcel 6410111 (Existing Zoning
Residential Multi-Family (RMF) with conditions) The existing proffered
conditions on the subject tax parcel were established by Ordinance#33457-
070797 in 1997 by the current property owner. Since 1997, this parcel has
remained vacant with no improvements on-site.
2. Zoning amendment request to Institutional Planned Unit Development District
(INPUD) which will allow for the development of the subject parcel by Good
Samaritan Hospice.
Good Sam Background:
Company Description
Good Samaritan is an independent, community-based, not-for-profit hospice founded in
1992 with headquarters located in Roanoke, Virginia and a second office located in
Christiansburg, VA. In 2022, Good Samaritan will celebrate its thirtieth anniversary of
service to the residents of our nine-county region. Our mission and vision, our dedication
to providing high quality services for our patients, our history and our culture are
reflective of the people in our community who founded this hospice and who have helped
us become the center of excellence that we are today.
Operating in a highly complex health care environment, our mission has remained
constant and focused on providing to the last moment of life, all we can do, not only to
help our patients die peacefully and as pain-free as possible,but to live until they die.
IIPaL, e
Key Differentiating Factors
There are currently twelve hospices in our region, all of whom are for-profit other than
one associated with a large healthcare system. Good Samaritan is highly differentiated
from its competitors. Key differentiating factors include that Good Samaritan is:
• The only not-for-profit, community-based Hospice providing our services to
eligible patients, regardless of ability to pay, and that reinvests all sources of
income to operating the Hospice -no distributions to owners and shareholders;
• The only Hospice that employs a Full-time Physician Medical Director who is
double Board certified in family medicine and hospice and palliative care;
• The only Hospice that employs three Full-time Providers, a physician and two
doctorate-prepared nurse practitioners to meet the needs of our patients and
families;
• The only hospice that operates a home-based Palliative Care program to serve
patients living with advanced and serious illness
• The only Hospice that provides availability of Certified Nursing Assistant (CNA)
services seven days a week;
• The only Hospice with a Community Bereavement Program with outreach to our
local community as well as bereaved families who were served by our hospice;
• Active Board of Directors who reflect the diversity of our community and reside
within the territory served by Good Samaritan.
Mission
As a community-based, non-profit agency, Good Samaritan provides expert,
compassionate, hospice and palliative care for patients with advanced illness and their
families.
The mission of Good Samaritan is to affirm life in the midst of illness and grief, and
above all, to honor what matters most to each person and family served.
Vision
The vision of Good Samaritan is to serve as the premier center of excellence for
coordination of care for advanced and serious illness, including hospice and palliative
care, for our southwest Virginia service area.
Values
The guiding values of Good Samaritan include:
• Access to high quality hospice care and palliative care for all residents of our
community.
• Respect for cultural and spiritual diversity.
• Service excellence in the delivery of hospice care.
2 1 P a g e
• Responsible stewardship of our financial and human resources.
• Innovation in advancing hospice and palliative services for our community.
Service Area
Good Samaritan serves nine counties: Bedford, Botetourt, Craig, Floyd, Franklin, Giles,
Montgomery, Pulaski, and Roanoke, the cities of Roanoke and Salem, and portions of
Bland, Carroll, Henry, Patrick and Wythe counties. The service area constitutes a 50-
mile radius from Good Samaritan's Roanoke and Christiansburg office locations. Please
see our coverage map below.
Samaritan
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Proposed Facility Details and Utilization
The proposed Good Samaritan campus at Cove Rd in Roanoke will include:
✓ Administrative offices and home hospice and palliative care teams
✓ Center for Caring (16-bed hospice inpatient facility)
✓ Community Bereavement Center
✓ Palliative Care outpatient medical clinic (future construction)
3Page
Hospice Overview
Hospice is considered the model for quality compassionate care for people facing a life-
limiting illness. Hospice provides expert medical care, pain management, and emotional
and spiritual support expressly tailored to the patient's needs and wishes. Support is
provided to the patient's loved ones and caregivers as well. Eligible patients have a
prognosis of approximately six months or less if the illness follows its normal course.
Hospice services are not limited to six months and can be provided for longer periods of
time if patients continue to meet eligibility criteria. Patients may receive hospice care
regardless of age or diagnosis.
Services
Hospice is designed to expertly manage patients' care in the home setting, where most
people want to be at the end of life. Hospice provides care wherever the patient resides,
including a patient's home, assisted living facility, or nursing home. Good Samaritan
provides the majority of our services to patients at home. Patients receive visits from our
interdisciplinary team, including nurse care managers, social workers, chaplains, hospice
aides, volunteers, on-call nurses, and the hospice physician as needed. Good Samaritan
provides medications, durable medical equipment (such as hospital beds and oxygen),
and medical supplies related to the patient's hospice diagnosis. A critically important
service that Hospice provides is 24-hour on-call availability to respond to patient and
family concerns, help manage pain and other symptoms, and prevent unwanted
hospitalizations.
Benefits of Operating a Hospice Center of Caring
Operating a freestanding hospice inpatient facility will allow Good Samaritan to deliver
exceptional quality General Inpatient (GIP) care under the direct supervision of our
Hospice Medical Director and our professionally trained clinical hospice team to treat
acute distressing symptoms such as:
• Uncontrolled pain, nausea/vomiting, respiratory distress
• Complex wounds
• Severe agitated delirium, acute anxiety or depression
• Terminal agitation
• Pathological fractures
• Sudden deterioration requiring intensive nursing intervention
Good Samaritan's Center for Caring will also provide respite care for our patients when
family members need a break from caregiving and relief from burnout or exhaustion.
Needed Service in the Community:
Terminally ill patients in southwest Virginia do not have access to a hospice inpatient
facility to meet their needs. Residents in the community frequently approach Good Sam
team members to inquire about when Good Samaritan plans to build an inpatient facility
and urge our Board and leadership team to make plans to operate a facility. Some Good
Samaritan patients have transferred to hospices outside our service area in order to gain
access to a hospice inpatient facility. The nearest comparable freestanding hospice
4 1 P a a e
facilities are more than two hours away: Hospice of Greensboro (101 miles) and Hospice
of Southwest Virginia(127 miles).
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Market Analysis
Good Sam hired a professional consultant to assess the feasibility of operating a hospice
inpatient facility in our service area. Based on population projections and traditional
methodology, the consultant concluded that:
• Roanoke can support an 8-bed inpatient facility in 2021 and up to 10 beds by
2024
• New River Valley can support a 3-bed inpatient facility in 2021 and up to 4 beds
in 2024.
Based on the findings of our feasibility study, Good Sam leadership anticipates that it can
operate a hospice inpatient facility with a capacity of 12-16 beds. In addition, Good
Samaritan has the opportunity to operate a limited number of dedicated residential beds.
Suitable Location:
The 0 Cove Road property location is a perfect location for several reasons, but none
more important than location. For the patients and families, communities, and health
systems served by Good Samaritan, this location is ideal to allow convenient access for
our entire service area. The property is 5 miles (10 minutes) from Lewis Gale Medical
Center, 8 miles (12 minutes) from Carillon Roanoke Memorial Hospital, 2.6 miles (4
mins) from I-581 and 2.6 miles (5 mins) from 1-81. The Cove Rd location is a central
location for the outlying counties we serve including Botetourt, Franklin, Bedford, and
Craig counties. Additionally the property is situated 4.2 miles (9 minutes) from Salem
(city center), 33.5 miles (35 minutes) from Lewis Gale Montgomery and will be easily
accessible from our New River Valley office, 30 miles (30 minutes).
51Page
The property is an undeveloped 5.78 acres that has clear potential to be a serene, peaceful
environment for our hospice patients and their loved ones.
Operational Details:
Good Sam currently employs more than 100 full-time employees. Operating a
freestanding Hospice Center for Caring will add 25-30 job opportunities within our
organization. The facility is conveniently located on a local bus route for our staff
members and family members or friends who wish to visit their loved ones.
The location of the property is compatible with the surrounding zoning districts as there
is a mix of Multi-purpose (Commercial Large Site, Institutional), Residential (R-7 and R-
5), and Planned Unit Development (Institutional Planned Unit Development District)
within this area. The requested INPUD zoning provides a compatible layering affect
within the zoning districts from the more intense commercial zoning along Peters Creek
Road and less intense uses including churches and various residential community types
eastward along Cove Road.
City Plan 2040 outlines many themes that are in parallel with the goals of Good Sam
including Interwoven Equity and a Healthy Community. This needed community amenity
is part of most families lives at one point or another typically in a time of greatest need.
This project will be developed in accordance with applicable regulations including the
Roanoke City Zoning Ordinance.
Architectural Guiding Principles:
Good Samaritan plans to design a craftsman style hospice campus, incorporating stone,
siding, and wood elements. The colors and materials will be respectful to our Roanoke
valley mountain region and in harmony with the surrounding neighborhoods. The single-
story main building is a hospice house that is intended to look more like a personal
residence than a commercial complex, in an effort to create a welcoming, peaceful,
serene environment for the patients in the inpatient facility. With this effort, the scale of
the building is intended to be intimate rather than grand. The shingle roofs will have hips
and gables of varying bearing heights that break up the overall massing of the building.
This building will have many large windows, appropriate to the size of the building, that
take advantage of natural light and views to the outside. There will be a covered circular
driveway at the main entrance, making it apparent where to enter and exit the main
facility. The future medical outpatient clinic will be smaller but incorporate design
elements in sync with the main hospice building.
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Exhibit B
10/15/2021
.:
DmuSign Envelope ID:9C5CDD2F-58414261-AFO5-17F756E2C746
Department of Planning,Building and Development ROANOKE
Room 166, Noel C.Taylor Municipal Building
215 Church Avenue,S.W. Click Here to Print
Roanoke,Virginia 24011
Phone: (540)853-1730 Fax: (540)853-1230
Filing Date:FSp 2472:0211Submittal Number: [original Application
❑ Rezoning, Not Otherwise Listed ❑ Amendment of Proffered Conditions
❑ Rezoning,Conditional ❑ Amendment of Planned Unit Development Plan
Rezoning to Planned Unit Development F-1 Amendment of Comprehensive Sign Overlay District
❑ Establishment of Comprehensive Sign Overlay District
Address: Cove Road NW Roanoke,VA 24017
Official Tax No(s).: 641-01 I—I
Existing OW out Conditions Ordinance
2
x With
zoning: FRMFR Residential Multifamily h Conditions No(s (If 33457-070797
❑ Planned Unit Development appliGable).
Requested ❑ W out Conditions Proposed Group care facility,nursing
W�:h o"P
Zoning: FINPUD,Institutional Named Unit Developme h Conditions Land Use: rh,-,/C//,`0Zce,general or
f
d Unit Development professional//Medical Mx Planned
Name: reenwood Gro-
roInc. c/o Nancy Phillips Phone Number:
Address: P.O.Box 11231 Blacksburg,VA 24062 E-mail: IN,7Ph,,,,P,:@:nt:e:los�net
D USIQMd by
Name: cod Samaritan Hospice c/o Aaron Housh Phone Number:
Address: 12408 Electric Road Roanoke,VA 24018 E-mail: FAhmush@g,,dsam.care
Dmuftne W
Name: lBalzer&Associates,Inc. c/o Ben Crew Phone Number.
Address: 1208 Corporate Circle Roanoke,VA 24018 E-mail: FBcrvv@SaI,,,cc
DocuSign Envelope ID:gC5CDD2F 56413261-AFD5 17F75OE2C746
Will
a .
ROANOKE
fx Completed application form and checklist.
r Written narrative explaining the reason for the request.
Metes and bounds description,if applicable.
Fx Filing fee.
F- Concept plan meeting the Application Requirements of item'2(c)'in Zoning Amendment Procedures.
r Written proffers. See the City's Guide to Proffered Conditions.
Concept plan meeting the Application Requirements of item'2(c)'in Zoning Amendment Procedures. Please label as
F-
'development plan'if proffered.
Ix Development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance.
F- Comprehensive signage plan meeting the requirements of Section 36.2-336(d)(2)of the City's Zoning Ordinance.
Amended development or concept plan meeting the Application Requirements of item'2(c)'in Zoning Amendment Procedures,
r if applicable.
F- Written proffers to be amended. See the City's Guide to Proffered Conditions.
t- Copy of previously adopted Ordinance.
F Amended development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance.
F- Copy of previously adopted Ordinance.
F- Amended comprehensive signage plan meeting the requirements of Section 36.2-336(d)of the City's Zoning Ordinance.
F- Copy of previously adopted Ordinance.
F- A Traffic Impact Study in compliance with Appendix B-2(e)of the Citys Zoning Ordinance,
I- Cover sheet.
F- Traffic impact analysis.
F- Concept plan.
F- Proffered conditions, if applicable.
r Required fee.
'An electronic copy of this application and checklist can be found at www.roanokeva.govlplanningcommission. A complete packet must
be submitted each time an application is amended, unless otherwise specified by staff.
f5Good
Samaritan
Advanced Illness Care•Hospice
ZONING AMENDMENT REQUEST NARRATIVE:
The purpose of this request is for the zoning amendment and removal of existing
conditions to facilitate a new Good Samaritan Hospice facility and corporate offices and
future Palliative Care facility. This request will allow Good Samaritan Hospice"Good
Sam"to provide in-patient care in a centralized location for the Roanoke Valley and
beyond on Cove Road within the City of Roanoke, Virginia.
Two-Part Request:
L Remove existing proffered conditions for Tax Parcel 6410111 (Existing Zoning
Residential Multi-Family (RMF) with conditions) The existing proffered
conditions on the subject tax parcel were established by Ordinance #33457-
070797 in 1997 by the current property owner. Since 1997, this parcel has
remained vacant with no improvements on-site.
2. Zoning amendment request to Institutional Planned Unit Development District
(INPUD) which will allow for the development of the subject parcel by Good
Samaritan Hospice.
Good Sam Backeround:
Company Description
Good Samaritan is an independent, community-based, not-for-profit hospice founded in
1992 with headquarters located in Roanoke, Virginia and a second office located in
Christiansburg, VA. In 2022, Good Samaritan will celebrate its thirtieth anniversary of
service to the residents of our nine-county region. Our mission and vision, our dedication
to providing high quality services for our patients, our history and our culture are
reflective of the people in our community who founded this hospice and who have helped
us become the center of excellence that we are today.
Operating in a highly complex health care environment, our mission has remained
constant and focused on providing to the last moment of life, all we can do, not only to
help our patients die peacefully and as pain-free as possible, but to live until they die.
IIPa , c
Key Differentiating Factors
There are currently twelve hospices in our region, all of whom are for-profit other than
one associated with a large healthcare system. Good Samaritan is highly differentiated
from its competitors. Key differentiating factors include that Good Samaritan is:
• The only not-for-profit, community-based Hospice providing our services to
eligible patients, regardless of ability to pay, and that reinvests all sources of
income to operating the Hospice - no distributions to owners and shareholders;
• The only Hospice that employs a Full-time Physician Medical Director who is
double Board certified in family medicine and hospice and palliative care;
• The only Hospice that employs three Full-time Providers, a physician and two
doctorate-prepared nurse practitioners to meet the needs of our patients and
families;
• The only hospice that operates a home-based Palliative Care program to serve
patients living with advanced and serious illness
• The only Hospice that provides availability of Certified Nursing Assistant(CNA)
services seven days a week;
• The only Hospice with a Community Bereavement Program with outreach to our
local community as well as bereaved families who were served by our hospice;
• Active Board of Directors who reflect the diversity of our community and reside
within the territory served by Good Samaritan.
Mission
As a community-based, non-profit agency, Good Samaritan provides expert,
compassionate, hospice and palliative care for patients with advanced illness and their
families.
The mission of Good Samaritan is to affirm life in the midst of illness and grief, and
above all, to honor what matters most to each person and family served.
Vision
The vision of Good Samaritan is to serve as the premier center of excellence for
coordination of care for advanced and serious illness, including hospice and palliative
care, for our southwest Virginia service area.
Values
The guiding values of Good Samaritan include:
• Access to high quality hospice care and palliative care for all residents of our
community.
• Respect for cultural and spiritual diversity.
• Service excellence in the delivery of hospice care.
2 1 P t
• Responsible stewardship of our financial and human resources.
• Innovation in advancing hospice and palliative services for our community.
Service Area
Good Samaritan serves nine counties: Bedford, Botetourt, Craig, Floyd, Franklin, Giles,
Montgomery, Pulaski, and Roanoke, the cities of Roanoke and Salem, and portions of
Bland, Carroll, Henry, Patrick and Wythe counties. The service area constitutes a 50-
mile radius from Good Samaritan's Roanoke and Christiansburg office locations. Please
see our coverage map below.
® Good
Samaritan
Proposed Facility Details and Utilization
The proposed Good Samaritan campus at Cove Rd in Roanoke will include:
✓ Administrative offices and home hospice and palliative care teams
✓ Center for Caring(16-bed hospice inpatient facility)
✓ Community Bereavement Center
✓ Palliative Care outpatient medical clinic(future construction)
31Fa ,, c
Hospice Overview
Hospice is considered the model for quality compassionate care for people facing a life-
limiting illness. Hospice provides expert medical care, pain management, and emotional
and spiritual support expressly tailored to the patient's needs and wishes. Support is
provided to the patient's loved ones and caregivers as well. Eligible patients have a
prognosis of approximately six months or less if the illness follows its normal course.
Hospice services are not limited to six months and can be provided for longer periods of
time if patients continue to meet eligibility criteria. Patients may receive hospice care
regardless of age or diagnosis.
Services
Hospice is designed to expertly manage patients' care in the home setting, where most
people want to be at the end of life. Hospice provides care wherever the patient resides,
including a patient's home, assisted living facility, or nursing home. Good Samaritan
provides the majority of our services to patients at home. Patients receive visits from our
interdisciplinary team, including nurse care managers, social workers, chaplains, hospice
aides, volunteers, on-call nurses, and the hospice physician as needed. Good Samaritan
provides medications, durable medical equipment (such as hospital beds and oxygen),
and medical supplies related to the patient's hospice diagnosis. A critically important
service that Hospice provides is 24-hour on-call availability to respond to patient and
family concerns, help manage pain and other symptoms, and prevent unwanted
hospitalizations.
Benefits of Operating a Hospice Center of Caring
Operating a freestanding hospice inpatient facility will allow Good Samaritan to deliver
exceptional quality General Inpatient (GIP) care under the direct supervision of our
Hospice Medical Director and our professionally trained clinical hospice team to treat
acute distressing symptoms such as:
• Uncontrolled pain, nausea/vomiting, respiratory distress
• Complex wounds
• Severe agitated delirium, acute anxiety or depression
• Terminal agitation
• Pathological fractures
• Sudden deterioration requiring intensive nursing intervention
Good Samaritan's Center for Caring will also provide respite care for our patients when
family members need a break from caregiving and relief from burnout or exhaustion.
Needed Service in the Community:
Terminally ill patients in southwest Virginia do not have access to a hospice inpatient
facility to meet their needs. Residents in the community frequently approach Good Sam
team members to inquire about when Good Samaritan plans to build an inpatient facility
and urge our Board and leadership team to make plans to operate a facility. Some Good
Samaritan patients have transferred to hospices outside our service area in order to gain
access to a hospice inpatient facility. The nearest comparable freestanding hospice
41Puae
facilities are more than two hours away: Hospice of Greensboro (101 miles) and hospice
of Southwest Virginia(127 miles).
Freestanding 4r.
Hospital Based
Residential in Nursing ^ ^x
Homes m ^ m w,
.ten m
�yp�� WG.
^. ^ w`I"
-- • �� oY'all a l�Y^ IM41tY
W
Market Analysis
Good Sam hired a professional consultant to assess the feasibility of operating a hospice
inpatient facility in our service area. Based on population projections and traditional
methodology, the consultant concluded that:
• Roanoke can support an 8-bed inpatient facility in 2021 and up to 10 beds by
2024
• New River Valley can support a 3-bed inpatient facility in 2021 and up to 4 beds
in 2024.
Based on the findings of our feasibility study, Good Sam leadership anticipates that it can
operate a hospice inpatient facility with a capacity of 12-16 beds. In addition, Good
Samaritan has the opportunity to operate a limited number of dedicated residential beds.
Suitable Location:
The 0 Cove Road property location is a perfect location for several reasons, but none
more important than location. For the patients and families, communities, and health
systems served by Good Samaritan, this location is ideal to allow convenient access for
our entire service area. The property is 5 miles (10 minutes)from Lewis Gale Medical
Center, 8 miles (12 minutes) from Carilion Roanoke Memorial hospital, 2.6 miles (4
mins) from 1-581 and 2.6 miles (5 mins) from 1-81. The Cove Rd location is a central
location for the outlying counties we serve including Botetourt, Franklin, Bedford, and
Craig counties. Additionally the property is situated 4.2 miles (9 minutes) from Salem
(city center),33.5 miles (35 minutes) from Lewis Gale Montgomery and will be easily
accessible from our New River Valley office, 30 miles (30 minutes).
5 1 P i �e
The property is an undeveloped 5.78 acres that has clear potential to be a serene, peaceful
environment for our hospice patients and their loved ones.
Operational Details:
Good Sam currently employs more than 100 full-time employees. Operating a
freestanding Hospice Center for Caring will add 25-30 job opportunities within our
organization. The facility is conveniently located on a local bus route for our staff
members and family members or friends who wish to visit their loved ones.
The location of the property is compatible with the surrounding zoning districts as there
is a mix of Multi-purpose (Commercial Large Site, Institutional), Residential (R-7 and R-
5), and Planned Unit Development (Institutional Planned Unit Development District)
within this area. The requested INPUT) zoning provides a compatible layering affect
within the zoning districts from the more intense commercial zoning along Peters Creek
Road and less intense uses including churches and various residential community types
eastward along Cove Road.
City Plan 2040 outlines many themes that are in parallel with the goals of Good Sam
including Interwoven Equity and a Healthy Community. This needed community
amenity is part of most families lives at one point or another typically in a time of
greatest need.
This project will be developed in accordance with applicable regulations including the
Roanoke City Zoning Ordinance.
6 1 P a "
SITE & ZONING SUMMARY:
SITE ADDRESS: 0 COVE RD NW
ROANOKE, VA 24017
OWNER: GREENWOOD GROUP INC.
OWNER ADDRESS: PO BOX 11231
BLACKSBURG, VA 24062
TAX MAP NUMBER: 6410111
EXISTING LOT SIZE: ±5.7773 AC.
EXISTING ZONING: RMF(C) - RESIDENTIAL MULTIFAMILY
DISTRICT WITH CONDITIONS
ORD. #33457
PROPOSED ZONING: INPUD
INPUD DEVELOPMENT REGULATIONS:
ALLOWABLE USES:
MULTIFAMILY DWELLING
GROUP CARE FACILITY, CONGREGATE HOME, ELDERLY
GROUP CARE FACILITY, CONGREGATE HOME, NOT OTHERWISE LISTED
GROUP CARE FACILITY, NURSING HOME
BUSINESS SERVICE ESTABLISHMENT, NOT OTHERWISE LISTED _
MEDICAL CLINIC �'� '.
OFFICE, GENERAL, OR PROFESSIONAL
MIXED USE BUILDING
PERSONAL SERVICE ESTABLISHMENT, NOT OTHERWISE LISTED IN THIS TABLE
;r
COMMUNITY CENTER \
PROFFERS TO BE REPEALED:
The applicant hereby requests that the following proffered conditions enacted by
Ordinance No. 33457-070797 be repealed as they pertain to
Official Tax Number 6410111:
1. The property will be developed in substantial conformity with the Site
Development Plan prepared by Balzer & Associates, dated April 9, 1997, a copy
of which is attached to the Petition to Rezone, as Exhibit "2", subject to any
changes required by the City during Comprehensive development plan review
2. That the property will be used as a group care facility for the elderly (assisted
living facility)
3. That the property will be developed in substantial conformity with the rendering
(picture) submitted with the rezoning Petition and attached hereto as Exhibit"3".
LEGAL DESCRIPTION:
ENTIRE PROPERTY—TM#6410111,0 COVE ROAD
BEGINNING at a point on the north line of Cove Road, approximately 156 feet from the extended west
line of Willow Walk Drive;
Thence with the line of Cave Road N50'14'W 202.84 feet to a point;
Thence N62'08'W 202.84 feet to a point;
Thence departing the line of Cove Road N11'11'E 433.3 feet to a point;
Thence N40°45'E 119.2 feet to a point;
Thence 554'56'E 548.7 feet to a point;
Thence 533'00'W 506.3 feet to a point on the north line of Cove Road, being the POINT OF BEGINNING.
CONTAINS 5.78 acres, more or less, being in the City of Roanoke,Virginia.
FOR
GOOD SAMARITAN
HOSPICE
Prepared for:
Good
S
Samaritan
Advanced Illness Care • Hospice
4700 Block of Cove Road
City of Roanoke, VA 24019
B&A PROJECT #04210070.00
September 27, 2021
. F
AVL,
j t.
9/27/2021 C
W11 BARER
& ASSOCIATES
PLANNERS ARCHITECTS ENGINEERS SURVEYORS
1208 Corporate Circle Roanoke, Virginia 24018 Phone (540) 772-9580
Introduction &Overall Proiect Scope:
This traffic summary is being provided to analyze the projected traffic for the proposed facility at
the project site located on Cove Road within the City of Roanoke. The property is tax parcel
6410111. The site area is approximately 5.7 acres. One entrance is proposed on Cove Road to
access the site.
The trip generation calculations are based on the proposed land use shown on the concept plan
by Balzer and Associates, Inc. (see Attachment 2). The proposed development consists of a
30,000 +/- at facility with approximately 18,000 sf of office space and 12,000 sf of nursing home
space.
The policies and procedures found in the Institute of Transportation Engineers (ITE) Trip
Generation Manual, 10' Edition, were employed to determine the potential site generated traffic
volumes for the proposed development. Traffic volumes for the average weekday and weekday
peak hours of the adjacent street traffic are provided and illustrated in the tables and figures
below. ITE trip generation charts have been included in this analysis (see Attachment 1).
(ITE Manual Designation— Nursing Home - 620)
(ITE Manual Designation— General Office - 710)
GOOD SAMARITAN HOSPICE
Trip Generation Calculations:
TRIP GENERATION
AND USE AM PEAK HR PM PEAK HOUR DAILY
L
Proposed ITE Independent
Development Code Variable Enter ExitTotalEnter Exit Total Total
Nursing Home 620 16 Beds 2 1 3 1 3 4 49
General Office 710 18,000 s.f. 18 3 21 4 18 22 201
Total 20 4 24 5 21 26 250
1
ATTACHMENT #1
Land Use: 620
Nursing Home
Description
A nursing home is any facility whose primary function is to provide care for persons who are
unable to care for themselves. Examples of such facilities include rest homes and chronic care and
convalescent homes. Skilled nurses and nursing aides are present 24 hours a day at these sites.
Nursing homes are occupied by residents who do little or no driving: traffic is primarily generated by
employees, visitors, and deliveries.Assisted living (Land Use 254)and continuing care retirement
community(Land Use 255)are related uses.
Additional Data
Tme-of-day distribution data for this land use are presented in Appendix A. For the four general
urban/suburban sites with data,the overall highest vehicle volumes during the AM and PM on a
weekday were counted between 11:00 a.m. and 12:00 p.m. and 1:30 and 2:30 p.m., respectively.
The average numbers of person trips per vehicle trip at the three general urban/suburban sites at
which both person trip and vehicle trip data were collected were as follows:
• 1.03 during Weekday, Peak Hour of Adjacent Street Traffic, one hour between 7 and 9 a.m.
• 1.12 during Weekday,AM Peak Hour of Generator
• 1.46 during Weekday, PM Peak Hour of Generator
The sites were surveyed in the 1980s,the 1990s,the 2000s, and the 2010s in Alberta(CAN),
Florida, New Hampshire, New Jersey, New York, Ontario, Canada, and Texas.
Source Numbers
436, 502, 598, 734, 878,971, 972
Nursing Home
(620)
Vehicle Trip Ends VS: Beds
On a: Weekday
Setting/Location: General Urban/Suburban
Number of Studies'. 3
Avg. Num. of Beds. 160
Directional Distribution: 50%entering. 50%exiting
Vehicle Trip Generation per Bed
Average Rate Range of Rates Standard Deviation
3.06 266-325 364
Data Plot and Equation Caution-Small Sample Size
low X�
I
tall
6W
60.
X
2001 X',
�� 50 loo 150 200 250 don
X=Number of nets
X Study Site - - - Average Rate
Filled Curve Equation'.Not Given g=
Nursing Home
(620)
Vehicle Trip Ends vs: Beds
On a: Weekday,
Peak Hour of Adjacent Street Traffic,
One Hour Between 7 and 9 a.m.
SettingiLocation: General Urban/Suburban
Number of Studies. 3
Avg. Num. of Beds'. 134
Directional Distribution. 72%entering. 28%exiting
Vehicle Trip Generation per Bed
Average Rale Range of Rates Standard Deviation
017 016-020 022
Data Plot and Equation Caution- Small Sample Size
o� X
3c
20''
X
X ,
I
101.
0� 50 100 150 200 250 3001
X= Number al Betls
X Study Slte - - - - Average Rene
Filled Curve Equation:No[Given R''
Nursing Home
(620)
Vehicle Trip Ends vs: Beds
On a: Weekday,
Peak Hour of Adjacent Street Traffic,
One Hour Between 4 and 6 p.m.
Setting/Location: General Urban/Suburban
Number of Studies'. 3
Avg, Num. of Beds'. 100
Directional Distribution: 33%entering, 67%exiting
Vehicle Trip Generation per Bed
Average Rale Range of Rates Standard Deviation
022 012027 026
Data Plot and Equation Caution-Small Sample Size
aol
I
X
JO
X
201
X
0L 50 f00 150
X=Number of Beds
X Study Site - - - - Average Rate
Fined curve Equation:Not Given R+=
Land Use: 710
General Office Building
Description
A general office building houses multiple tenants; it is a location where affairs of businesses,
commercial or Industrial organizations,or professional persons or firms are conducted.An office
building or buildings may contain a mixture of tenants including professional services, insurance
companies, investment brokers, and tenant services, such as a bank or savings and loan institution,
a restaurant,or cafeteria and service retail facilities.A general office building with a gross floor
area of 5,000 square feet or less is classified as a small office building(Land Use 712). Corporate
headquarters building (Land Use 714), single tenant office building (Land Use 715),office park(Land
Use 750), research and development center(Land Use 760),and business park(Land Use 770)are
additional related uses.
If information is known about individual buildings, it is suggested that the general office building
category be used rather than office parks when estimating trip generation for one or more office
buildings in a single development. The office park category is more general and should be used
when a breakdown of individual or different uses is not known. If the general office building
category is used and if additional buildings, such as banks, restaurants, or retail stores are
included in the development,the development should be treated as a multiuse project. On the
other hand, if the office park category is used, internal trips are already reflected in the data and
do not need to be considered.
When the buildings are interrelated (defined by shared parking facilities or the ability to easily walk
between buildings)or house one tenant, itis suggested that the total area or employment of all
the buildings be used for calculating the trip generation.When the individual buildings are isolated
and not related to one another, it is suggested that trip generation be calculated for each building
separately and then summed.
Additional Data
The average building occupancy varied considerably within the studies for which occupancy data
were provided.The reported occupied gross floor area was 88 for general urban/suburban sites and
96 percent for the center city core and dense multi-use urban sites.
Tme-of-day distribution data for this land use for a weekday, Saturday, and Sunday are presented in
Appendix A. For the 16 general urban/suburban sites with data,the overall highest vehicle volumes
during the AM and PM on a weekday were counted between 7:30 and 8:30 a.m. and 4:30 and 530
p.m., respectively
For the three general urban/suburban sites with person trip data,the overall highest volumes during
the AM and PM on a weekday were counted between 8.45 and 9.45 a.m. and 12:45 and 1.45 p.m.,
respectively. For the three dense multi-use urban sites with person trip data, the overall highest
volumes during the AM and PM on a weekday were counted between 8:30 and 9:30 a.m. and 4:45
and 5:45 p.m., respectively. For the four center city core sites with person trip data,the overall
highest volumes during the AM and PM on a weekday were counted between 9.00 and 10:00 a.m.
and 12:45 and 1:45 p.m.. respectively.
The average numbers of person trips per vehicle tnp at the eight center city core sites at which both
person trip and vehicle trip data were collected were as follows:
• 2.76 during Weekday, Peak Hour of Adjacent Street Traffic, one hour between 7 and 9 a.m.
• 2.90 during Weekday,AM Peak Hour of Generator
• 2.91 during Weekday, Peak Hour of Adjacent Street Traffic, one hour between 4 and 6 p.m.
• 3.02 during Weekday, PM Peak Hour of Generator
The average numbers of person trips per vehicle trip at the 18 dense multi-use urban sites at which
both person trip and vehicle trip data were collected were as follows'.
•
1,47 during Weekday, Peak Hour of Adjacent Street Traffic,one hour between 7 and 9 a.m.
147 during Weekday,AM Peak Hour of Generator
• 1.46 during Weekday, Peak Hour of Adjacent Street Traffic,one hour between 4 and 6 p.m.
• 1.53 during Weekday, PM Peak Hour of Generator
The average numbers of person trips per vehicle trip at the 23 general urban/suburban sites at which
both person trip and vehicle trip data were collected were as follows:
1.30 during Weekday, Peak Hour of Adjacent Street Traffic, one hour between 7 and 9 a.m.
• 1.34 during Weekday,AM Peak Hour of Generator
1.32 during Weekday, Peak Hour of Adjacent Street Traffic, one hour between 4 and 6 p.m.
• 1.41 during Weekday, PM Peak Hour of Generator
The sites were surveyed in the 1980s,the 1990s, the 2000s,and the 2010s in Alberta (CAN),
California,Colorado, Connecticut, Georgia, Illinois, Indiana, Kansas, Kentucky, Maine, Maryland.
Michigan, Minnesota, Missouri, Montana, New Hampshire, New Jersey, New York, Pennsylvania,
Texas, Utah.Virginia, and Washington.
Source Numbers
161, 175, 183, 184, 185,207,212, 217, 247,253, 257, 260, 262, 273, 279, 297, 298, 300, 301, 302,
303, 304, 321, 322, 323, 324, 327,404,407,408,418, 419, 423, 562, 734,850, 859, 862, 867, 869,
883, 884 890,891, 904,940, 944, 946, 964, 965,972
General Office Building
(710) _
Vehicle Trip Ends vs: 1000 Sq. Ft. GFA
Ona: Weekday
Setting/Location: General UrbaruSuburban
Number of Studies: 66
1000 Sq Ft. GFA'. 171
Directional Distribution 50%entering. 50% exiting
Vehicle Trip Generation per 1000 Sq. Ft. GFA
Average Rate Range of Rates Standard Deviation
974 271 -2756 5.15
Data Plot and Equation
,X
sore
_-
soreX X
X X X
aoo, X
X
X
�c x
~ 3000
X
XX
zona �.(X
�X -XX X
1a3o
X X
Doi-
0 200 <O0 600 800 10W 1200
x= 1o00sa r1 GFA
X study site Fined cure - - - - Average Rate
Fined Curva Equation: Ln(T)=0 97 Lnf%I t Lis) R'=0.83
General Office Building
_A710)
Vehicle Trip Ends vs: 1000 Sq. Ft.GFA
On a: Weekday,
Peak Hour of Adjacent Street Traffic,
One Hour Between 7 and 9 a.m.
Setting/location: General Urban/Suburban
Number of Studies. 35
1000 Sq Ft. GFA'. 117
Directional D!stnbution 86%entering 14%exiting
Vehicle Trip Generation per 1000 Sq. Ft. GFA
Average Rate Range of Rates Standard Deviation
116 037-4.23 047
Data Plot and Equation
SW
x
X xx
w xx
x
X
X
X / x
x16o x x x
J1�
X
X
Q 100 >00 300 C00 500 600
x= 1000 sn F1 GFA
X Study Sim Fltted Curve - - Average Rate
Fitted Curve Equation:T=0.941%1 a 26 49 R'=0.85
General Office Building
(710)
Vehicle Trip Ends vs: 1000 Sq. Ft.GFA
On a: Weekday.
Peak Hour of Adjacent Street Traffic,
One Hour Between 4 and 6 p.m.
Setting/Location: General Urban/Suburban
Number of Studies'. 32
1000 Sq. FL GFA114
Directional Distribution: 16%entering 84%exiting
Vehicle Trip Generation per 1000 Sq. Ft. GFA
Average Rate Range of Rates Standard Deviation
115 047 - 323 0.42
Data Plot and Equation
7 X
X
x
3X
x x
X
X
2.
WIX' X
XX X
X
°c t00 200 300 - a0o s0a fioo
x= 1000 SQ Ft GFA
X Study Slte
Fitted curve - - - Av¢rage Ram
Fined Curve Equation:La(T)=Dias Ln(x),0.36 R'=0.08
SITE & ZONING SUMMARY:
SITE ADDRESS: 0 COVE RD NW
ROANOKE, VA 24017
OWNER: GREENWOOD GROUP INC.
OWNER ADDRESS: PO BOX 11231
BLACKSBURG, VA 24062
TAX MAP NUMBER: 6410111
EXISTING LOT SIZE: ±5.7773 AC.
EXISTING ZONING: RMF(C) - RESIDENTIAL MULTIFAMILY
DISTRICT WITH CONDITIONS
ORD. #33457
PROPOSED ZONING: INPUD
INPUD DEVELOPMENT REGULATIONS:
ALLOWABLE USES:
MULTIFAMILY DWELLING
GROUP CARE FACILITY, CONGREGATE HOME, ELDERLY
GROUP CARE FACILITY, CONGREGATE HOME, NOT OTHERWISE LISTED
GROUP CARE FACILITY, NURSING HOME
BUSINESS SERVICE ESTABLISHMENT, NOT OTHERWISE LISTED =.
MEDICAL CLINIC ,
OFFICE, GENERAL, OR PROFESSIONAL P,
SET
MIXED USE BUILDING
PERSONAL SERVICE ESTABLISHMENT, NOT OTHERWISE LISTED IN THIS TABLE
COMMUNITY CENTER
vnonv Vt1.J a IR111Y I nnNr "o'
.
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0 Cove Road NW , • • / o#
official Tax Parcel: 6410111 V Qo o'oa
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_ GLS:Commercial-Large Site _nerall • •
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- I-1:Light industrial0`' O Single
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- 1-2:Heavy Industrial
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RA:Res-Agnwitural 63J -'0 1Qv ^o
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CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue,S.W.,Room 456
Roanoke,Virginia 24011-1536
Telephone: (540)8532541
Fax: (540)853-1145
MARY F.PARKER,CMCIAAE SANDRA H.EAKIN
City Clerk Deputy City Cleh
July 11, 1997
File#51-514
Edward A. Natt, Attorney
Osterhoudt, Ferguson, Nett,
Aheron &Agee
1919 Electric Road, S. W.
Roanoke, Virginia 24018
Dear Mr. Natt:
I am enclosing copy of Ordinance No. 33457-070797 rezoning a certain tract of land
located on the north side of Cove Road, N. W., containing 5.78 acres, more or less, and
identified as Official Tax No. 6410111, from RS-3, Residential Single-Family District, to
RM-3, Residential Multifamily, High Density District, subject to certain conditions proffered
by the petitioner. The abovereferenced measure was adopted by the Council of the City
of Roanoke on first reading on Monday, June 16, 1997, also adopted by the Council on
second reading on Monday, July 7, 1997, and will be in full force and effect ten days
following the date of its second reading.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:sm
Enc.
Edward A. Natt, Attorney
Osterhoudt, Ferguson, Natt,
Aheron& Agee
July 11, 1997
Page 2
d, N. W., Roanoke, Virginia 24017
pc: Melrr. ose
Mrs. Cedric H stian Church,
4 2903 Peter807 Cove s Crreek Road, N. W., Roanoke, Virginia
24019
Ms. Joan F. Showalter, 55 East 9th Street, No. 8-L, New York, New York 10003
Mr. Francis M. Zayek, 32 Court Street, Brooklyn, New York 11201
St. Elias Catholic Church,
Gilbert E. Butler, Jr., Chair, City Planning Commission, 3406 Exeter Avenue,
4730 Cove Road, N. W., Roanoke, Virginia 24017
S. W., Roanoke, Virginia 24014
W. Robert Herbert, City Manager
Wilburn C. Dibling, Jr., City Attorney
Steven J. Talevi, Assistant City Attorney
Willard N. Claytor, Director of Real Estate Valuation
Nancy J. Brown, Appraiser Aide, Real Estate Valuation
Kit B. Kiser, Director, Utilities and Operations
William F. Clark, Director, Public Works
Charles M. Huffine, City Engineer
Ronald H. Miller, Building Commissioner
John R. Marilee, Agent, City Planning Commission
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 7th day of July, 1997.
No. 33457-070797.
AN ORDINANCE to amend 536 . 1-3, Code of the City of Roanoke
( 1979) , as amended, and Sheet No. 641, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City,
subject to certain conditions proffered by the applicant.
WHEREAS, David W. Jones, has made application to the Council
of the City of Roanoke to have the hereinafter described property
rezoned from RS-31 Single Family Residential District, to RM-3 ,
Residential Multifamily, High Density District, subject to certain
conditions proffered by the applicant; and
WHEREAS, the City Planning Commission, which after giving
proper notice to all concerned as required by 536 . 1-693, Code of
the City of Roanoke ( 1979) , as amended, and after conducting a
public hearing on the matter, has made its recommendation to
Council; and
WHEREAS, a public hearing was held by City Council on said
application at its meeting on June 16, 1997, after due and timely
notice thereof as required by 536 . 1-693, 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 the Council by the Planning
Commission, the City' s Comprehensive Plan, and the matters
presented at the public hearing, is of the opinion that the
hereinafter described property should be rezoned as herein
provided.
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke that $36. 1-3, Code of the City of Roanoke ( 1979 ) , as
amended, and Sheet No. 641 of the Sectional 1976 Zone Map, City of
Roanoke, be amended in the following particular and no other:
That certain tract of land located on the north side of Cove
Road, N.W. , containing 5.78 acres, more or less, and designated on
Sheet No. 641 of the Sectional 1976 Zone Map, City of Roanoke, as
Official Tax No. 6410111, be, and is hereby rezoned from RS-3,
Residential Single Family District, to RM-3, Residential
Multifamily, High Density District, subject to the proffers
contained in the First Amended Petition filed in the Office of the
City Clerk on May 22, 1997, and that Sheet No. 641 of the Zone Map
be changed in this respect.
ATTEST:
City Clerk.
X:4]0.6RELPgNES I
Department of Planning and Community Development
Planning Division
June 16, 1997
Honorable Mayor David A. Bowers
and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Request from David W. Jones, represented by Edward A. Natt, attorney, that
property located on the north side of Cove Road, N. W., containing 5.78 acres,
more or less, and bearing Official Tax No. 6410111, be rezoned from RS-3,
Residential Single Family District to RM-3,Residential Multifamily, High
Density District, such rezoning to be subject to certain conditions proffered by
the petitioner.
1. Background:
A. Pumo a of the re_onirlg request is to construe[an assisted living facility. Petitioners
propose to develop facilities similar to "Greenwood Assisted Living" in Blacksburg,
Virginia.
B. Initial petition to rezone was filed on 4/10/97. After discussions at the Planning
Commission public hearing, a First Amended Petition to Rezone was filed on
5/14/97. The conditions of the rezoning are as follows:
1. The property will be developed in substantial conformity with the Site
Development Plan prepared by Balzer& Associates, dated April 9, 1997, a
copy of which is attached to the Petition to Rezone, as Exhibit "2", subject to
any changes required by the City during comprehensive development plan
review.
2. That the property witl be used as a group care facility for the elderly(assisted
living facility).
3. That the property will be developed in substantial conformity with the
rendering(picture) submitted with the rezoning Petition and attached hereto as
Exhibit 3.
Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540)853-2344
I Members of Council
Page 2
C. Planning Commission public hearing^Yas held on May 7. 1997. Mr. Ed Natt,
Attorney, presented the rezoning request on behalf of the petitioner. He provided the
Commission with an amended petition which specified the use of the property and the
exterior design of the building,in addition to the development plan. There was no
one who objected to the rezoning request. The planning Commission voted 6A to
recommend nd approval of the BQuest. Messrs. Butler, Chrisman, Hill, Manetta, Rife
and Mrs. Duerk voted in favor of the request; Mrs. Coles was absent.
II. Issues:
A. Toning of the property is currently R5-3. Zoning of adjacent properties are RS-3 and
conditional C-2 along Peters Creek Road and a portion of Cove Road. Petitioner is
requesting RM-3 zoning because of density needs for the assisted living facility.
B. Land use of the p9yerty is vacant land. Adjacent uses are two churches, a shopping
center, and single family homes.
C. Part 150 Amort Noise Compatibility Program Study in 1995 indicates that the
subicct p=erty 's located within the 60-65 Ldn veraQg fty/night noise level)
contour. Noise levels greater than 65 Ldn are not recommended for residential uses.
Some communities establish the 60 Ldn as the threshold level. The study
recommended soundproofing of residential buildings within the 65 Ldn and higher,
more stringent building codes for new construction, and overlay zones to restrict
noise sensitive uses.
D. Utilities are available to the property. Storm water management is an issue for the
Peters Creek draining area. Some improvements have been made to the culvert at
Cove and Peters Creek Road; additional regional solutions for storm water
management in this drainage area are proposed.
E. There is no oEganized neighborhood organization for the area. The area is included
as part of the Hershberger Hills Neighborhood. Neighborhood meetings were
conducted in 1988 which identified neighborhood issues and established the
following Community Values and Objectives:
1. Development of Vacant lad in the neighborhood and future growth alone
Peters Creek Cove and Hershberger Roads should be well planned in a
comprehensive manner to protect neighborhood values and address such
issues as pedestrian and traffic safety, drainage, and buffering of residences.
2. Storm water runoff should be better managed to reduce flooding along Peters
Creek and in the vicinity of Harvest Lane, Westside Boulevard, and Cove
Road near Hershberger Road.
Members of Council
Page 3
3. Prourarns and services to assist the elderly residents of the neiahborhmil
should be provided within the neighborhood.
4. Encourage the development of compatible land uses in the vicinity of the
gin=, especially relative to noise impact.
F. Comprehensive Plan recommends that:
1. - *Neiahborhood cha=t and environmental pya!ily should be protected.
Possible changes in land use or new public and private development in or near
residential areas should be carefully evaluated and designed to conserve and
enhance neighborhood quality.
2. Appropriate housing Scrn'ces for individuals with Wecial needs should be
available in neighborhood settings through public and private efforts.
3. Through a variety of public and private efforts, services should be made
available to allow Roanoke's elderly and disabled citizens to remain in their
own homes or neighborhoods as long as possible.
III. Alternatives:
A. City Council approve the rezoning request.
1. 7onine becomes RM-3 which provides for hie er density residgufill
development. The development plan for the property is a condition of the
rezoning.
2. Land use is proposed to be for an assisted living cent. Proffered condition
addresses use of the property.
3. Amort noise may be an issue for this residential facility unless specific
measures are incorporated into the construction to minimize airport noise.
Proposed building is to be brick as per rendering(picture)that is a proffered
condition of the rezoning.
4. 1ltilities for storm eater management are not available to the subject property.
Drainage issues will have to be managed on site and there may be some
improvements required to the culvert along Cove Road.
5. Neighborhood residents have met with the petitioner. There has not been
objections to the rezoning request. The previous values and objectives
identified in the 1988 neighborhood meetings can be followed.
Members of Council
Page 4
6. Comprehensive plan could be followed.
B. planning Co ion recommend dens of the rezoning request.
I. Zoning rem mains RS-3.
2. Land use limited to those uses permitted in the residential zone.
3. Airport note may abn I&ani sue for new residential construction. Area
should possibly be considered for development for uses other than residential
because of its proximity to airport noise.
4. 1Jtilifies for storm water management are still to be resolved.
5. Neiehborhood values and objectives could be Ulowed.
6. Comprehensive Plan could be followed.
IV. Recommendation:
The Planning Commission, on a vote of 6-0(Mrs, Coles absent)- rero mended that City
Council approve the rezoning request.
Respectfully submitted,
Gilbert E. Butler, Jr., Chairman
Roanoke City Planning Commission
FIRST AMENDED PETITION TO REZONE
IN THE COUNCIL OF THE CITY OF ROANOKE VIRGINIA
IN RE:
Request Of David W. Jones to rezone property identified
as Official Tax No. 6410111 located on the north side of
Cove Road, NW, subject to certain , *diticns proffered
by the petitioner. _
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANORE:
The Petitioner, David W. Jones, is the contract purchaser of
land in the City of Roanoke containing 5 . 78 acres, more or less,
located on the north side of Cove Road, NW, identified as Official
Tax Number 6410111 currently zoned RSx3 , Residential Single
Family. A map of the property to be rezoned is attached as
Exhibit "1' .
Pursuant to Section 36 . 1-690, Cade of the City of Roanoke
(1979) , as amended, the Petitioner requests that the property
identified as Official Tax Number 6410111 be rezoned from RS-3
Residential Single-Family to RM-3 Residential Multi-Family
District, subject to certain conditions set forth below, for the
purpose of developing an assisted living facility, said property
being described as follows :
BEGINNING at an iron on the north side of Va. Rt . No.
116, corner of Edwin D. Showalter property and T. T.
Wells property; thence with the north side of Rt . No .
116, N. 50-14 W. 202 . 84' to a point; thence N. 62-08 W.
202 . 84' to an iron; thence with a new division .e
through the T. T. Wells property, N. 11-11 E . 433 . 3 ' to
an iron; thence with another new line, N. 40-45 E.
aslNxouo*. fueuaox. 119 .2' to an iron in the fence on line of C. H. Pcff
NAW.AMNON 6 AM property; thence with the line of C. H. Poff property
AMRNVI-AT-uw along the fence, S . S4-56 E. 548 . 7' to an old iron in
RaA.M.u.MON,A the fence on line of Edwin D. Showalter property; thence
1.01-11
1
N with the line of Showalter property, along the fence, S .
33-13 W. 506. 3' to the BEGINNING, and containing 5 . 78
i
acres, being shown on map made by T. P. Parker, C. E. ,
dated October 31, 1960, a copy of which is of record in
Deed Book 652, page 538 in the Clerk' s Office of the
Circuit Court of Roanoke County, Virginia.
The Petitioner believes the rezoning of the said tract of
land will further the intent and purposes of the City' s Zoning
Ordinance and its comprehensive plan, in that it will provide an
attractive and quality assisted living facility on the subject
property.
The Petitioner hereby proffers and agrees that if the said
tract is rezoned as requested, that the rezoning will be subject
to, and that the Petitioner will abide by, the following
conditions on the property identified as Official Tax No. 6410111 .
1 . The property will be developed in substantial conformity
with the Site Development Plan prepared by Balzer & Associates,
dated April 9, 1997, a copy of which is attached to the Petition
to Rezone, as Exhibit 1-211 , subject to any changes required by the
City during comprehensive development plan review.
2 . That the property will be used as a group care facility
for the elderly (assisted living facility) .
3 . That the property will be developed in substantial
conformity with the rendering (picture) submitted with the
rezoning Petition and attached hereto as Exhibit '3° .
Attached as Exhibit "4M are the names, addresses and tax
numbers of the owner or owners of all lots or property immediately
adjacent to immediately across a street or road from the property
an[RMQUOT. 9uau9a M.
MAn.AM9ROM 6 Am to be rezoned.
ATTYRNb9-AT4W
ROAN4RR.aROINIA WHEREFORE, the Petitioner requests that the above described
Raau-,en
trace be rezoned as requested in accordance with the provisions of
i
the Zoning ordinance of the City of Roanoke.
Respectfully submitted this ( ti day of n;��, �� 1996 .
RESPECT
,,FULLY SUBMITTED,
Cf counsel
1
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EXHIBIT "4"
PROPERTY OWNERS
Name Address Tax Numbers
Melrose Christian
Church 4807 Cove Road Nw
Roanoke, VA 24017 6410110
Cedric H. and
Guida V. Poff 2903 Peters Creek Road NW
Roanoke, VA 24019 6410106
Edwin Dove Showalter
and Lura Showalter
c/o Johan Showalter 55 East 9th Street #8L
New York, NY 10003 6410116
Joan F. Showalter 55 East 9th Street
New York, NY 10003 6410112
Zayek, Francis M.
Eparch of the
St. Maron of Brooklyn
C/o Kearney Hurley 32 Court Street
Brooklyn, NY 11201 6370111
Zayek, Francis M.
Eparch of Eparch
of Saint Maron of
Brooklyn
c/o Kearney Hurley 32 Court Street
Brooklyn, NY 11201 6370113
2:\LSO\LISA\611EEME.GET:[6f05/73/97
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2401[-1699
IN THE COUNCIL OF THE CITY OF ROANOKE,VIRGINIA
The 151' day of November 2021.
No. 42205-111521.
AN ORDINANCE amending and reordaining Section 36.2-311, Use table for residential
districts;Section 36.2-312,Dimensional regulations for residential districts:Section 36.2-315,Use
table for multiple purpose districts; Section 36.2-316, Dimensional regulations for multiole
Pose districts; Section 36.2-322, Use table for industrial districts; Section 36.2-323,
Dimensional regulations for industrial districts; Section 36.2-327, Use table for planned unit
development districts: Section 36.2-333. Floodplain Overlay District (F); Section 36.2-403,
Accessory uses and structures; Section 36.2-652, Minimum narking; Section 36.2-653,Maximum
parkin e; Appendix A, Definitions: Appendix B. Submittal Requirements; Appendix C,
Agreements;of Chapter 36.2,Zoning,of the Code of the City of Roanoke(1979), as amended,for
the purposes of amending and reordaining the following 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 tide.
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:
3
Sec.36.2-311.-Use table for residential districts.
Supplemental
District RA R- R- R- R- RM- RM- RMF Regulation
12 7 5 3 1 2 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 5 P
Dwelling,multifamily with 10 or fewer units P P
Dwelling,multifamily with 11 or more units S P
Dwelling,townhouse or rowhouse P 5 P P 36.2-431
Dwelling,manufactured home P
'Dwelling,mobile home P 36.2-417
Accommodations and Group Living Uses
Bed and breakfast P S 5 5 5 =.2-405
36.2-405
Boarding house S
Group care facility,congregate home,elderly S 5
Group care facility,congregate home, not otherwise S 5
listed
Group care facility,group care home S S
Group care facility,halfway house S 5
Group care facility,nursing home S
Group care facility,transitional living facility
Grouphome P P P P P P P
2
Commercial Uses
Day care home,adult S 5 s S S S S 5
Day care home,child P P I P P P P I P P
Family day home S S S5 5 5 S S
Fire,police,or emergency services S S S S 5 S S
Utility Uses and Structures
Utility distribution or collection,basic P P P I P P P P P
Utility distribution or collection,transitional 5 S S S S s S S
Wireless telecommunications facility,small cell on P P P pqP P P 36.2-432
existing structure
Wireless telecommunications facility,not otherwise S S S S S S S S 36.2-432
listed
Wireless telecommunications p p p P p p P P 36.2-432
facility,stealth
Animal and Agricultural Uses
Agricultural operations P s S S S S S S
Animal shelter P
Botanical garden or arboretum P
Community garden P P P P P P P P 36.2-407.1
Composting facility I S
Nursery or greenhouse, p
commercial
Kennel,no outdoor pens oEorrunEs
qS
Kennel,withoutdoor penStable,commercial J71
Wildlife rescue shelter or refuge area P
3
Accessory Uses
Accessory uses,not otherwise listed in this table p P P p P P P P 36.2-403
Accessory apartment V S-P S-P S-P S-P iP P P 36.2-402
Electrical Vehicle Charging Stations S P 36.2-403
Home occupation,excluding p p P p p p p p 36.2413
personal service
Home occupation, p p P p p p P p 36.2-413
personal service
Homestay S 5 5 5 5 5 S 5 36.2-405
Outdoor storage P 36.2-423
Stable,private p *Pl
36.2-403
Solar Energy System P P P P P P P P 36.2-403
Temporary health care structure P P P P P P P P 36.2-403
Wind turbine,commercial 5 36.2-403
Wind turbine,small S 5 5 5 S S 5 S 36.2403
"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 residential
districts.
4
it
Sec.36.2-312. Dimensional regulations for residential districts.
District RA R-12 R-7 R-5 R-3 RM-1 RM-2 RMF
Minimum lot area per dwelling 43,560 12,000 7,000 5,000 3,000 3,500 2,500 1,000
unit(square feet)
Lot area(square Minimum 43,560 12,000 7,000 5,000 3,000 5,000 5,000 15,000
feet)
Maximum None None None None None None None None
Lot frontage Minimum 150 70 60 50 30 50 50 100
(feet)
Maximum None None None None None None 150 None
Front yard Minimum 30 20 20 15 15 30 10 10
(feet)
Maximum None None None 40 25 30 30 -
Section 36.2-313 Front yard No No Yes Yes Yes Yes Yes No
requirements for infill
development apply
Side yard minimum depth(feet) 10 5 3 3 3 3 3 15
Rear yard minimum depth(feet) 50 15 15 15 15 15 15 15
Height maximum(feet) 45 35 35 35 35 35 45 45
Impervious surface area maximum 25 50 50 60 70 60 70 70
(percentage of lot area)
Principal structures,maximum No 1 1 1 1 1 No No
number limit limit limit
Accessory structure minimum 5 0 0 0 0 0 0 5
setback from rear and side lot lines
(feet)
Minimum parking requirement Ve No Yes-No YesYes Yes Yes Yes YesNo
applies No No No No No
Tree canopy coverage(Minimum 20 20 20 20 15 15 10 10
percent of lot area)
Where a maximum lot frontage is specified for a district,such maximum shall apply to only one frontage of a
cornerlot.
A numeric entry means the dimension shall apply based on the unit of measurement indicated.
"Yes"means the requirement applies.
"No"means the requirement does not apply.
"None"means there is no requirement.
5
Sec.36.2-315.Use table for multiple purpose districts.
District MX CN CG CLS D IN ROS OF Supplemental
Regulation
Section
Residential Uses
Dwelling,single-family P P
attached
Dwelling,single-family P
detached
Dwelling,two-family P
Dwelling,multifamily with 10 P P P P P P
or fewer units
Dwelling,multifamily with 11 5 5 P P P P
or more units
Dwelling,townhouse or P P P P P P 36.2-431
rowhouse
Accommodations and Group Living
Bed and breakfast 5 5 36.2-405
Campground 5 5 S 5
Dormitory P
Group care facility, 5
congregate home,elderly
Group carefacility,nursing S
home
Group home P P P P
Hotel or motel 5 P P P P
Short-term rental 5 P P P P P
Commercial Uses:Office and Related Uses
Business service 5 P P P P P
establishment,not otherwise
listed
Financial institution P P P P P
Laboratory,dental,medical, P P P P P
or optical
6
Laboratory,testing and P P P P
research
Medical clinic P P P P P P
Office,general or professional P P P P P P
Outpatient mental health and 5
substance abuse clinic
Commercial Uses:Miscellaneous
Animal hospital or veterinary P P P P P
clinic,no outdoor pens or runs
Animal hospital or veterinary S 5 S 5 5
clinic,outdoor pens or runs
Animal shelter 5 5 5 5
Caterer,commercial P P P P
Community market P P P P P P P
Drive-through facility 5 P P 5 36.2-409
Drive-through kiosk 5 P P 5 36.2-409
Flea market,outdoor 5 5
Funeral home P P P
Kennel,no outdoor pens or P P P P
runs
Kennel,outdoor pens or runs 5 S 5 5
Live-work unit P P P P P P 36.2-416
Mixed-use building P P P P P P 36.2-416
Outdoor advertising sign P P 36.2-675
Studio/multimedia production P P P P P
facility
Commercial Uses:Retail Sales and Service
Bakery,confectionary,or P P P P P
similar food production,retail
Building supplies and P P P
materials,retail
Car wash,not abutting a P P 36.2-406
residential district
7
Car wash,abutting a 5 5 36.2-406
residential district
Contractor or tradesman's 5 P P S P
shop,general or special trade
Dry cleaning plant or P
commercial laundry
Gasoline station S P P S 36.2-411
General service P P P P P
establishment,not otherwise
listed
Laundromat P P P P P
Manufactured or mobile P
home sales
Motor vehicle rental P P P P
establishment,without
inventory on-site
Motor vehicle rental P P 5
establishment,with inventory
on-site
Motor vehicle repair or P P 5 5 36.2-419
service establishment
Motor vehicle sales and P P 36.2-420
service establishment,new
Motor vehicle sales and P P 36.2-421
service establishment,used
Nursery or greenhouse, P P 5
commercial
Personal service P P P P P P
establishment, not otherwise
listed in this table
Retail sales establishment,not P P P P P
otherwise listed
Storage building sales 5 P
Industrial Uses
Bakery,confectionary,or P
similar food production,
wholesale
8
Borrow or Fill Site S S S S S S S S 36.2-405.1
Commercial printing P p
establishment
Electrical component p
assembly,wholesale
distribution
Fueling station,commercial or P P
wholesale
Manufacturing:Beverage or P
food processing,excluding
poultry and animal
slaughtering and dressing
Manufacturing:General,not 5
otherwise listed in this table
Manufacturing:Steel or metal 5
production,fabrication,or
processing
Motor vehicle or trailer S S 36.2-418
painting and body repair
Workshop S P P P P 36.2-433
Warehousing and Distribution Uses
Distribution center, not S
otherwise listed
Self-storage building S S P
Warehouse P
Assembly and Entertainment Uses
Adult uses5 36.2-404
Amphitheater P
Amusement,commercial, S PP P P
indoor
Amusement,commercial, P P
outdoor
Botanical garden or P p p
arboretum
Club,lodge,civic,or social P P P P P P P
organization
9
Community center P P P P P P P P
Eating establishment 5 P P P P P
Eating and drinking S P P P P P
establishment,not abutting a
residential district
Eating and drinking 5 5 5 S 5 S
establishment,abutting a
residential district
Entertainment establishment, S S S 5 5
abutting a residential district
Entertainment establishment, S P P P P
not abutting a residential
district
Exhibition,convention,or P P
conference center
Gaming establishment 5 S
Golf course P
Health and fitness center P P P P P P
Meeting hall,abutting a S S 5 S 5 P P 5
residential district
Meeting hall,not abutting a 5 P P P P P P P
residential district
Microbrewery or P P P P P
microdistillery not abutting a
residential district
Microbrewery or 5 S 5 5 5
microdistillery abutting a
residential district
I I �
Park or playground P P P P P P P P
Place of worship P P P P P P
Recreation,indoor P P P P P
Recreation,outdoor P P P P
Sports stadium,arena,or P
coliseum
Theater,movie or performing P P P P P
arts
10
Zoo P
Public,Institutional,and Community Facilities
Aquarium or planetarium P
Artist studio P P P P 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 5 P P P P P P 36.2-408
Day care home,adult S S S S
Day care home,child P P P P
Educational facilities,business S P P P P P P
school or nonindustrial trade
school
Educational facilities, P P P P
college/university
Educational facilities, P P P P P P
elementary/middle/secondary
Educational facilities, P P P
industrial trade school
Educational facilities,school S P P P P P P
for the arts
Fire,police,or emergency P P P P P P p7-
services
Government offices or other P P P P P P P
government facility,not
otherwise listed
Hospital P
Library P P P P P P P
Museum P P P P P P P
Post office P P P P P P
Supply pantry P P P P P P
11
Training facility for police,fire, P S
or emergency services
Transportation Uses
Limousine service P P
Parking lotfacility 5 P S
Parking,off-site P 5 P P 5 P P P 36.2-652
Parking structure facility P 5 36.2-426
Railroad passenger terminal P
or station
Transit station P
Utility Uses
Broad casting studio or station P P P P P
Broadcasting tower 5 5 5 36.2-432
Utility distribution or P P P P P P P P
collection,basic
Utility distribution or S S S S S S S 5
collection,transitional
Wireless telecommunications P P P P P P P P 36.2-432
facility,small cell on existing
structure
Wireless telecommunications P P P P P P P P 36.2-432
facility,stealth
Wireless telecommunications 5 5 5 S S 5 S S 36.2-432
facility,not otherwise listed
Agricultural Uses
Agricultural operations 5 S 5 S 5 11 S S S
Stable,commercial P 36.2-428
Wildlife rescue shelter or P
refuge area
Accessory Uses
Accessory uses,not otherwise P P P P P P P P 36.2-403
listed in this Table
Accessory apartment S 36.2-402
12
Electric Vehicle Charging S_ P P P P P P P 36.2-403
Stations
Home occupation,excluding P P P P P 36.2-413
personal service
Home occupation,personal P P P P P 36.2-413
service
Homestay 5 P P p P P 36.2-405
Outdoor display area P P P P P 36.2-422
Outdoor recreation facility 5 5 S 5 5 S 36.2-403
lighting or sports stadium
lighting
Outdoor storage 5 5 P S 36.2-423
Recycling collection point S P P 36.2-403
Resident manager apartment P 36.2-403
Solar Energy System P P P P P p p P 36.2-403
Temporary health care
structure
Wind turbine,commercial S 5 5 5 5 36.2-403
Wind turbine,small S S 5 S 5 S 5 5 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.36.2-316. Dimensional regulations for multiple purpose districts.
[None
CN CG CLS D IN ROS OF
Minimum lot area per 1,000 None None None None None None
residential unit(square feet)
Lot area Minimum 5,000 10,000 43,560 None None None None
(square feet)
Maximum 87,120 130,680 None None 217,800 None 130,680
Lotfrontage Minimum None 100 150 None 100 None None
(feet) Maximum 200 None None None None None 200
13
Front yard Minimum 10 0 0 0 0 20 30 0
(feet) Maximum 30 10 30 None 10 40 None 10
Section 36.2-313 Front yard Yes No No No No No No No
requirements for infill
development applies
Section 36.2-317 Civic space No Yes No No Yes Yes No Yes
yard option applies
Side yard(feet) 5 0 0 0 0 0 10 0
Rear yard(feet) 15 0 0 0 0 0 10 0
Accessory structure 0 0 0 0 0 0 0 0
minimum setback from rear
and side lot lines(feet)
Height Property 45 45 45 1foot for Ifoot for 40 1foot for 60
maximum abutting a each foot each foot each foot
(feet) residential of setback of setback of setback
district from any from any from any
abutting abutting abutting
residential residential residential
lot lot lot,not to
exceed 60
feet
Property 45 45 None None None 40 60 60
not
abutting a
residential
district
Floor area ratio maximum 1.0 5.0 rYes
5.0 15.0 None None None
Impervious surface area 70 100 80 100 80 80 100
maximum(percentage of lot
area) I
Minimum parking Yes No Yes-No No *,,No No No
requirement applies No
Section 36.2-318 Pedestrian Yes Yes Yes Yes Yes NoYes
access requirement applies
Maximum building footprint None 15,000 None None None None None None
(square feet)
Section 36.2- Ground 15 50• 50' None 50' 15 None 15
319 Building Floor
14
placement Upper 15 20 20 None 20 35 None 15
and fagade floors
transparency
standards
(minimum
transparency,
percent of
fagade area)
Minimum tree canopy 10 0 10 30 0 1 10 20 0
(percentage of lot area)
• Except townhouses and multifamily dwellings,minimum fagade transparency for these uses is 20 percent.
Where a maximum lot frontage is specified,the maximum shall apply only to a primary street frontage as determined by
application of section 36.2-319(b).
A numeric entry means the dimension shall apply based on the unit of measurement indicated.
"Yes" means the requirement applies.
"No"means the requirement does not apply.
"None"means there is no requirement.
Sec.36.2-322. Use table for industrial districts.
District 1-1 1-2 AD Supplemental
Regulation
Section
Residential Uses
Dwelling,single-family detached S
Dwelling,two family S
Dwelling,multifamily S
Dwelling,townhouse or rowhouse S 36.2-431
Accommodations and Group Living Uses
i
Hotel or motel p
Commercial Uses:Office and Related Uses
Business service establishment, not P
otherwise listed
Employment or temporary labor service P
Financial institution p P
Laboratory,dental,medical,or optical P P P
15
Laboratory,testing and research P P P
Office,general or professional P
Commercial Uses:Miscellaneous
Animal hospital or veterinary clinic,no P
outdoor pens or runs
Animal hospital or veterinary clinic,with S
outdoor pens or runs
Caterer,commercial P
Drive-through facility P 36.2-409
Kennel,no outdoor pens or runs P
Kennel,outdoor pens or runs S
Live-work unit S 36.2-416
Mixed-use building 5 36.2-416
Outdoor advertising sign P P 36.2-675
Pet crematorium P
Studio/multimedia production facility P
Commercial Uses:Retail Sales and Service
Bakery,confectionary,or similar food P
production,retail
Building supplies and materials,retail P P
Car wash,not abutting a residential district P 36.2-406
Car wash,abutting a residential district S 36.2-406
Commercial motor vehicle rental P
I establishment
Commercial motor vehicle sales and service P 36.2-407
establishment,new
Commercial motor vehicle sales and service P 36.2-407
establishment,used
Contractor or tradesman's shop,general or P P
special trade
Dry cleaning plant or commercial laundry P
Gasoline station P 36.2-411
16
General service establishment,not otherwise P
listed
Lumberyard p P
Manufactured or mobile home sales P
Motor vehicle rental establishment,without P P
inventory on-site
Motor vehicle rental establishment,with P P
inventory on-site
Motor vehicle repair or service establishment P P 36.2-419
Nursery or greenhouse,commercial P
Recreational vehicle or boat sales P
Retail sales establishment,not otherwise P P
listed
Storage building sales P
Industrial Uses
Asphalt or concrete plant 5
Bakery,confectionary,or similar food P P
production,wholesale
Borrow or Fill Site 5 5 S 36.2-405.1
Biosolids field S
Building supplies and materials,wholesale P P p
Commercial printing establishment p P P
Composting facility S 5 36.2-407.2
Contractor's shop,heavy construction P P
Dairy products,processing,bottling,and p P
wholesale distribution
Electrical component assembly,wholesale p P P
distribution
Fuel oil distribution S P
Fueling station,commercial or wholesale P p
Junkyard 5 5 36.2414
17
Manufacturing:Beverage or food processing, P P
excluding poultry and animal slaughtering
and dressing
Manufacturing:Chemical,refining or S
processing,including the manufacture,
refining or processing of ammonia,bleach,
bluing,calcimine,chlorine,corrosive acid or
alkali,dyes,fats,fertilizer,gutta percha,
gypsum,lampblack,oils,oxygen,paints,
plaster of Paris,potash,rubber,shellac,tar,
turpentine,vinegar,yeast
Manufacturing:Chemical,refining or P P
processing,not otherwise listed in this table
Manufacturing:General, not Otherwise listed P P P
in this table
Manufacturing:Steel or metal production, S P P
fabrication,or processing
Manufacturing:Wood products,including the P
shredding or grinding of wood to create
mulch.
Meat packing and poultry processing 5
Milling or feed and flour mills S S
Motor vehicle or trailer painting and body S P 36.2-418
repair
Outdoor storage lot S S S
Quarry S
Recycling center S S 36.2-414
Tire recapping S
Towing service P P 36.2-430
Welding or machine shop P P
Workshop P P P 36.2-433
Wreckeryard 5 5 36.2-414
Warehousing and Distribution Uses
Distribution center,not otherwise listed P P P
Self-storage building P P P
18
Self-storage facility P P P
Storage of commercial motor vehicles P P
Storage of motor vehicles for rental(no on- P P
site rental or leasing facility)
Tank farm,petroleum bulk station and S
terminal,or other aboveground storage of
flammable liquids
Warehouse P P P
Assembly and Entertainment Uses
Amphitheatre P P
Amusement,commercial,outdoor P
Eating establishment P P
Eating and drinking establishment,abutting a P P P
residential district
Eating and drinking establishment,not P P
abutting a residential district
Entertainment establishment,abutting a P P
residential district
Entertainment establishment,not abutting a P P
residential district
Go-cart track 5
Health and fitness center P P P
Microbrewery or microdistillery P P P
Paintball facility,outdoor S
Park or playground P P P
I
Recreation,indoor P
Recreation,outdoor P 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
19
Educational facilities,business school or P P
nonindustrial trade school
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 P P
facility,not otherwise listed
Military reserve or National Guard center P P
Post office P P
Supply pantry P
Training facility for police,fire,or emergency P P
services
Transportation Uses
Airport or airport-related commercial and P
personal service uses
Bus maintenance,including repair and P P
storage
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,repair shop,and P
marshalling yard
Taxicab business P P p
Transit station I P I
Utility Uses
Broadcasting studio or station P
Broadcasting tower S S 36.2-432
Hazardous materials facility 5
Utility distribution or collection,basic P P P
Utility distribution or collection,transitional P P S
Utility generation or treatment P
20
Utility maintenance and service facility P P
Wireless telecommunications facility,small P P P 36.2-432
cell on existing structure
Wireless telecommunications facility,stealth P P P 36.2-432
Wireless telecommunications facility,not 5 P S 36.2-432
otherwise listed
Agricultural Uses
Agricultural operations P P P
Animal shelter P P
Accessory Uses
Accessory uses,not otherwise listed in this P P P 36.2-403
Table
Electric Vehicle Charging Station P P P 36.2-403
Outdoor recreation facility lighting or sports 5 5 S 36.2-403
stadium lighting
Outdoor storage P P P 36.2-423
Portable storage container P P 36.2-403
Recycling collection point P 36.2-403
Resident manager apartment P P 36.2-403
Solar Energy System P 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.
"5"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
districts.
Sec.36.2-323. Dimensional regulations for industrial districts.
-1 I-2 AD
Lot area(square feet) Minimum 10,000 20,000 20,000
21
Maximum None None None
Lot frontage(feet) Minimum 100 100 100
Maximum None None None
Front yard(feet) Minimum 0 0 0
Maximum None None None
Side yard minimum(feet) 0 0 0
Rear yard minimum(feet) 0 0 0
Accessory structure minimum setback from rear and 0 0 0
side lot lines(feet)
Height maximum(feet) Property 1 foot for each foot of setback from any abutting
abutting residential lot
residential
district
Property not None
abutting a
residential
district
Floor area ratio maximum 2.0 2.0 2.0
Impervious surface ratio maximum(percentage of lot 90 90 70
area)
Minimum parking requirement applies Yes-Na Ye No Ve No
Minimum tree canopy(percentage of lot area) 10% 10% 0%
A numeric entry means the dimension shall apply based on the unit of measurement indicated.
"Yes" means the requirement applies.
"No"means the requirement does not apply.
"None"means there is no requirement.
Sec.36.2-327.Use table for planned unit development districts.
MXPUD INPUD IPUD Supplemental
Regulation
Section
Residential Uses
Dwelling,single-family attached P P
Dwelling,single-family detached P P
22
Dwelling.two-family P P
Dwelling,multifamily P P P
Dwelling,townhouse or rowhouse P P 36.2-431
Accommodations and Group Living
Bed and breakfast P P 36.2-405
Campground P P
Dormitory P
Group care facility,congregate P P
home,elderly
Group care facility,congregate P
home,not otherwise listed
Group care facility,group care P
home
Group care facility,halfway house P
Group care facility,nursing home P P
Group care facility,transitional P
living facility
Group home P P
Hotel or motel P P P
Commercial Uses:Office and Related Uses
Business service establishment,not P P P
otherwise listed
Financial institution P P P
Laboratory,dental,medical,or P P P
optical
Laboratory,testing and research P P
Medical clinic P P
Office,general or professional P P P
Outpatient mental health and 5
substance abuse clinic
Commercial Uses:Miscellaneous
23
Animal hospital or veterinary clinic, P
no outdoor pens or runs
Animal hospital or veterinary clinic, P
outdoor pens or runs
Caterer,commercial P
Community market P
Drive-through facility P P P 36.2-409
Drive-through kiosk P 36.2-409
Live-work unit P P P 36.2-416
Mixed-use building P P P 36.2-416
Studio/multimedia production P P P
facility
Commercial Uses:Retail Sales and Service
Bakery,confectionary,or similar P P P
food production,retail
Building supplies and materials, P P P
retail
Contractor or tradesman's shop, P P P
general or special trade
Dry cleaning plant or commercial P
laundry
General service establishment,not P P P
otherwise listed
Laundromat P P
Lumberyard P
Motor vehicle rental P
establishment,without inventory
on-site
Motor vehicle rental P
establishment,with inventory on-
site
Nursery or greenhouse, P
commercial
Personal service establishment,not P t
otherwise listed in this table
24
Retail sales establishment, not P P P
otherwise listed
Industrial Uses
Bakery,confectionary,or similar P
food production,wholesale
Borrow or Fill Site p P p 36.2-405.1
Building supplies and materials, P
wholesale
Commercial printing establishment P
Contractor's shop,heavy P
construction
Dairy products,processing, p
bottling,and wholesale distribution
Electrical component assembly, P
wholesale distribution
Fuel oil distribution P
Fueling station,commercial or P
wholesale
Manufacturing: Beverage or food P
processing,excluding poultry and
animal slaughtering and dressing
Manufacturing:Chemical,refining P
or processing,not otherwise listed
in this table
Manufacturing:General, not P
otherwise listed in this table
Manufacturing:Steel or metal p
productionf fabrication,or
processing
Milling or feed and Flour mills p
Welding or machine shop p
Workshop P P 36.2433
Warehousing and Distribution Uses
Distribution center,not otherwise P
listed
25
Self-storage building P P
Warehouse P
Assembly and Entertainment Uses
Amphitheater P P
Amusement,commercial,indoor P P
Amusement,commercial,outdoor P P
Botanical garden or arboretum P P
Club,lodge,civic,or social P P
organization
Community center P P
Eating establishment P P P
Eating and drinking establishment, P P P
not abutting a residential district
Eating and drinking establishment, P P P
abutting a residential district
Entertainment establishment, P P P
abutting a residential district
Entertainment establishment,not P P P
abutting a residential district
Golf course P
Health and fitness center P P
Meeting hall P P
Microbrewery or microdistillery P P
Park or playground P P
Place of worship P P
Recreation,outdoor P P P
Sports stadium,arena,or coliseum P
Public,Institutional,and Community Uses
Aquarium or planetarium P
Artist studio P P P
Community food operation P P
26
Community garden P P P 36.2-407.1
Day care center,adult P P
Day care center,child P P 36.2-408
Day care home,child P P
Educational facilities,business P P P
school or nonindustrial trade
school
Educational facilities, P
college/university
Educational facilities, P
elementary/middle/secondary
Educational facilities,industrial P
trade school
Educational facilities,school for the P P P
arts
Fire,police,or emergency services P P
Government offices or other P P P
government facility,not otherwise
listed
Hospital P
Library P P P
Military reserve or National Guard P P
center
Museum P P
Post office P P
Supply pantry P P
Training facility for police,fire,or P P
emergency services
Transportation Uses
Bus maintenance,including repair P
and storage
Motor freight terminal or truck P
terminal
Parking,off-site P P P 36.2-652
27
Taxicab business P
Transit station P P P
Utility Uses
Broadcasting studio or station P P P
Broadcasting tower S S S 36.24132
Hazardous materials facility S S
Utility distribution or collection, P P P
basic
Utility distribution or collection, S P P
transitional
Utility maintenance and service P
facility
Wireless telecommunications P P P 36.2-432
facility,small cell on existing
structure
Wireless telecommunications P P P 36.2-432
facility,stealth
Wireless telecommunications P P P 36.2-432
facility,not otherwise listed
Agricultural Uses
Agricultural operations P P P
Accessory Uses
Accessory uses, not otherwise P P P 36.2-403
listed in this Table
Accessory apartment P P P 36.2-402
Electric Vehicle Charging Stations P P P 36.3-403
Home occupation,excluding P P 36.2-413
personal service
Home occupation,personal service P P 36.2-413
Outdoor recreation facility lighting S S S 36.2-403
or sports stadium lighting
Outdoor storage P 36.2-423
Portable storage container P 36.2-403
28
Recycling collection point P 36.2-403
Resident manager apartment P P 36.2-403
Solar Energy System P p P 36.2-403
Temporary health care structure
Wind turbine,commercial S S S 36.2-403
Wind turbine,small S S S 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.
Sec.36.2-333. Floodplain Overlay District(F).
(d) Establishment of Floodplain Overlay District andflood zones.
(2) Additional requirements in specific specialflood hazard areas.
(D) AO Zones. AO Zones are those areas of shallow flooding identified as AO on the FIRM. For these
areas,the following provisions shall apply:
(1) ---All new construction and substantial improvements of residential structures shall have
the lowest floor,including basement,elevated to ertwo-2 feet above the flood depth specified on
the FIRM.Such elevation shall be established by identifying the highest adjacent grade and adding
the flood depth number specified in feet on the FIRM. If no flood depth number is specified, the
lowest floor,including basement,shall be elevated no less than two-four(42)feet above the highest
adjacent grade.
(ii) All new construction and substantial improvements of non-residential structures shall:
(1) Have the lowest floor, including basement, elevated to a two12) feet above the
flood depth specified on the FIRM. Such elevation shall be the highest adjacent
grade and adding the flood depth number specified in feet on the FIRM.If no flood
depth number is specified, the lowest floor, including basement, shall be elevated
at least twafour(24)feet above the highest adjacent grade;or,
(2) Together with attendant utility and sanitary facilities,be completely flood-proofed
to the specified flood level described above so that any space below that level is
watertight with walls substantially impermeable to the passage of water and with
structural components having the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy.
29
M Existing Structures in Floodplain Areas.Any structure or use of a structure or premises must be brought into
conformity with these provisions when it is changed, repaired,or improved,unless one(1)of the fallowing
exceptions is established before the change is made:
(1) The Zoning Administrator has determined that:
(A) A proposed change is not a substantial repair or substantial improvement,
(B) No new square footage is being built in the floodplain that is not compliant,
(C) No new square footage is being built in the Goodway,and
(D) No new square footage is being created or existing square footage converted for use as
habitable space below the elevation of the base flood elevation plus two(2)feet of freeboard,
and (E) The change
Cede:
(E) The change complies with this section and the Virginia Uniform Statewide Building Code.
s � •
Sec.36.2-403.Accessory uses and structures.
III Electrical vehicle charaina stations sh all be biect to the following supplemental regulations:
(1) Any electrical vehicle charging station shall Provide and maintain a landscaping strip consisting of
evergreen shrubs as defined further in Section 36.2-649,between the electrical vehicle charging
station and the diacent right-of-way.The trees and shrubs shall meet the minimum Planting size
as listed in Section 36.2-642.
12) Electrical vehicle charging stations will be permitted as an allowable encroachment into the front
vard
(3) While signage II able for individual charging stations,the maximum allowable sign area per
bollard will be four(4)square feet.
(4) Electric vehicle charging stations shall be maintained in all respects including the functioning of
the equipment.A phone number or other contact information shall be Provided on the equipment
for reporting no -fu ctioning equipment malfunctioning equipment,or other issues regarding
the equipment.
(fg) Outdoor recreation facility lighting orsports stadium lighting. Lighting for outdoor recreation facilities or
sports stadiums,as permitted by this chapter,shall not be suffject to the maximum height regulation of the
applicable zoning district.The location,height,and aiming cutoff angles of light emissions for such lighting
systems shall be established by special exception granted by the Board of Zoning Appeals. In addition to the
standards set forth in Section 36.2-560(c),the Board of Zoning Appeals shall determine the appropriateness
of such application for special exception for outdoor recreation facility or sports stadium lighting based on
the following standards:
(1) The lighting system minimizes the projection of light and glare beyond the property lines;
(2) The mounting height of the lighting fixtures is appropriate to the application;
(3) The light fixtures utilize internal or external shields, louvers, or similar devices to minimize the
component of light above horizontal when luminaries need to be titled or aimed;
(4) The mounting heights, spacing of poles, and aiming angles are designed to provide uniform
illuminance as may be required for the safety of the participants on the field or court, while
minimizing reflected light beyond the property;and
(5) The mounting heights and aiming angles reduce glare in an adjacent,unintended,field of view and
minimize light trespass beyond the property lines.
(g.hJ Parking structures. Parking structures may be located closer to the street than the principal building,but
shall not be located in the required front yard.
(hi) Recycling collection points. Recycling collection points,where permitted as accessory uses by this chapter,
shall be subject to the following regulations:
(1) Where receptaclesfor recyclable materials are located outside of a building,they shall be located so
as not to disrupt or interfere with on-site traffic circulation, required fire lanes or required parking,
or required loading or stacking spaces.
(2) A specific circulation pattern shall be established to provide safe and easy access to recycling
receptacles.Adequate space shall be provided for the unloading of recyclable materials.
(il Solar enemy systems shall be s biect to the following supplemental regulations:
(1) Solar energy systems located on the rooftop of principal or accessory buildings are exempt f om
these regulations and will not be included in the calculation for subsection(2).below.Rooftop
mounted solar equipment,for the Purpose f use determination shall be considered as integral to
the building itself and not subject to use restriction.
(2) Solar energy systems that have square footaaes that exceed 50%of the square footage of the
principal b ilding on the Property h II be considered a separate Principal use of the Property.
(3) Solar e e ¢y systems shall not be located in the front yard required or established.
141 Solar ene au systems shall Provide and maintain an 8'wide landscaping strip consisting of either
existing vegetation or an evergreen tee screen as defined further in Section 36.2-64 between
the Solar energy system and any adjacent right-of-way or any adjacent residential or multi-
purpose district The trees shall meet the minimum planting size as listed in Section 36.2-642.
Additionally, fence meeting threquirements of Section 362-430 shall be installed around the
Perimeter of the solar energy system and on the interior of the landscaped buffer strip.
(ik) Stables,private. Private stables,where permitted by this chapter,shall require a minimum lot area of two(2)
acres for each horse in the stable.
(fl) Swimming pools and tennis courts.Swimming pools and tennis courts shall comply with the setbacks and
spacing requirements for accessory structures as set forth in subsection(c)above.
(kM� Portable storage containers.Portable storage containers shall be permitted by right as accessory uses as set
forth in the Use Tables in Article 3 of this chapter,subject to the following supplemental regulations:
(fn) Temporaryfamily health care structures.Temporary family health care structures shall be subject to the
following supplemental regulations:
(1) Occupancy of the structure shall be limited to one(1)mentally or physically impaired person who,for
the purposes of this section,shall be deemed to be a person who requires assistance with two(2)or
more activities of daily living,as defined in Section 63.2-2200 of the Code of Virginia(1950),as amended,
and as certified in writing by a physician licensed by the Commonwealth of Virginia;
(2) The structure shall not exceed three hundred(300)square feet in gross floor area;
(3) Placement on a permanent foundation shall not be permitted;
(4) Only one(1)such structure shall be permitted on a lot;and
(4) Only one(1)such structure shall be permitted on a lot;and
(5) Any such structure shall be removed within thirty(30)days of such time as the mentally or physically
impaired person is no longer receiving the assistance of a caregiver.
(aJ Wind turbines.Wind turbines shall be exempt from any height limitation for principal or accessory structures
and shall be subject to the fallowing supplemental regulations:
(1) Commercial wind turbines.
(A) Freestanding turbines shall use a monopole support that is designed to support itself without the
use of guy wires or other stabilization devices.
(B) The height of a freestanding turbine shall not exceed one hundred twenty(120)feet in overall
height,including the blades.
(C) The overall height,including the blades,of a roof-mounted turbine shall not extend more than sixty
(60)feet above the roof of the structure on which the turbine is mounted.
(0) Horizontal axis turbines shall have a maximum blade diameter of thirty(30)feet.Vertical axis
turbines shall have a maximum blade diameter of thirty(30)feet and a maximum turbine height of
thirty(30)feet.
(2) Small wind turbines.
(A) The turbine shall be mounted on a principal or accessory structure.
(B) The height of the turbine,including blades,shall not extend more than twenty(20)feet above the
roof of the structure on which it is mounted.
(C) Horizontal axis turbines shall have a maximum blade diameter of fifty-four(54)inches.Vertical axis
turbines shall have a maximum blade diameter of fifty-four(54)inches and a maximum turbine
height of fifty-four(54)inches.
Sec.36.2-652. Minimum parkingOff-Site Parking. '
(a)—'" egtr
Table 652 2, of as speG f ed on the development P12A f8F a planRsd Welt development d Air Gt
6tFWGtUF8 tG be 6arved, except aS prov dad R Seat 8R 26.2 652(g).
(3) Spaces allocated to a fleet Of 8GGBSEGFY YBhIGl86 ROG866aFy fGF and d Molly associated w th
the qoe�tion of a buG negg or Ran'GO estabi shmARt shall Raj, W14116 69 al"GGated, be used
tO MBet thB M A MUM F9qU Pennants for Off Street Park nq OF port ons th8RBGf 9F Go 'At tAIAQFd
any max mum Park R9 stgRdAed. A. flAAt shall mean a group of motor vehicles, sueh as
tax
int
(b) Coiculotion ethes;
spaG96 shall be based an the use(s)of the �R Aq 19t, OF paFtion thOFeOf. IR thgS- PRIAAGAS
whBre th8FG WO Glearly dentif ad mult pie uses on a ZOR Ro let, ihe minimum park ng spaGs
when summed, exGept as prov ded in SeGt an 36.2 662(f).
(5) WheFe appliGable thA PFAV 6ions of GubseGt GA6 (G), (d), (0), 2Rd (f) b8loW, May bs aPPI ad alone
perseRs,may be Fe4w6ed to eighty(80)peFeent of that ethem se Fequ red as set feFth _TAIP«2
652 2 may be Feduced by one (1)SpaEe f8F eVeFY tW�ntV(N)feet of lot frontage on a s4eet to the extent
..V ItFeet a.L'n acusj
f9F the f�t feuF thousand(4,990)square feet ef net f4ger aFea ef the use-may he FPdl'ged te two(2)spaEes.
MP¢aiate use;
GOIUMAS(B)through(P)of T
..A
(04 Weekday Afpp"pnd �F4
Land-k95EFI Fq 44 � 6
��/����
Daytime �6 D�pp "� � ICme e *n 2iw4
\��
gffice�lnduW al 190% 19,6 19,6 -e
Reta.l 69% 9896 19996 7976 596
Mete{ 7596 d9B% 75% 189k 75%
RestauranF 5996 188,6 NO% Irig%6 19%
Ente; inmen 40% '19896 88,6 10019 1996
Sea(
LL_(g)QfJ site paFking.WheFe 32FM tied by F ght BF by spee al exeept an,the min mum off street Park ng
r eqUkeffleRtS sfagven use maybe metwth eff ste, Off Street Park ngspaceswhen,and fall efthe
follow--FeGUiFements a Fe met. For the purposes of this chapter,off-site,off-street parking provided in !,
accordance with this section shall not be subject to the definition of,or supplementary regulations for,
accessory uses or structures.
(1) Off-site, off-street parking shall be located within three hundred(300)feet of the lot of the use or
structure served. For the purpose of this requirement,the distance from off-street parking spaces
to the lot served shall be measured in a straight line from the nearest parking space to the lot of the
use served;
I.t h� �.d t.Meet the M A MUM Off StFeet BaFk Rg Fegm Fements of another use,unless the Zen R
(32) Off-site, off-street parking shall either(1) be located on land in the same ownership as that of the
use or structure served,or(ii)be subject to an Off-Site Parking Agreement as set forth in Appendix
C,which agreement shall be recorded by the property owner with the Clerk of the Circuit Court and
a copy filed with the Zoning Administrator.Should the legal agreement terminate,the use for which
off-site parking was provided shall be considered nonconforming and any and all approvals,
including special exceptions, shall be subject to revocation. Continuation or expansion of the use
shall be prohibited unless the use is brought into compliance with the parking regulations of this
chapter.
Sec.36.2-653. Maximum parking.
(a) Applicability.
/t1 Where maximum parking is required Pursuant to Table 653-1 or as specified on the development
Plan for a planned unit development district
_(2) Spaces allocated to a fleet or accessory vehicles necessary for and directly associated with the
operation f a business or service establishment shall not count toward any maximum Parkin¢
standard A fleet shall mean a group of motor vehicles such as taxicabs vans or trucks operated
as a unit in association with a business or service establishment.
(b) Calculation methods.
(1) When determination of the maximum number of off-street parking spaces as set forth in Table
653-1results in the calculation f a fractional space It shall be counted as o (1)space
(2) When computing maximum off-street Parking spaces the total b r of spaces shall be b �d on
the u ( 1 of the zoning lot or Portion thereof. In those instances where there are clearly identified
multiple uses on a zoning I t the maximum pa king space requirements of Table 653-1 shall apply
to each use resulting In a total maximum parking requirement when summed.
(ac) The following maximum off-street parking provisions shall apply in all zoning districts and to all uses,except
where maximum parking is delineated as not applicable in Table 65;x653-21,or as established in Section
36.2-653(e,.
apply-For uses subject to maximum parking standards,the provision of off-street parking
spaces shall not exceed the following amounts:
(1) If the total number of calculated arking spaces is fifty(50)or less,
as set forth in Table 632653-27 the maximum number of off-street parking spaces permitted shall
not exceed one hundred fifty (150) percent of the --- -
UMcalculated spacese�eesrequired;or
(2) If the total number of calculated parking spaces is fifty-one (51)or
more,as set forth in Table 652653-2;1<the maximum number of off-street parking spaces permitted
shall not exceed one hundred forty(140)percent of the calculated spaces--'- -"- .e.
jqd± --- - - m n mum numbeF ef spaees required.
(laJd The maximum number of off-street parking spaces permitted,as established in Section 36.2-653(ac),shall
not include required handicapped accessible spaces.
(ee) The maximum number of off-street parking spaces permitted,as established in Section 36.2-653(ac),shall
not apply to parking areas utilizing permeable pavement systems or to parking structures.
(dD Maximum parking standards may be exceeded with the approval of the Board of Zoning Appeals,subject to
the following provisions:
(1) Such increase in the number of parking spaces shall be approved by the Board of Zoning Appeals by
special exception,pursuant to the provisions set forth in Section 36.2-560;
(2) Such increase in the number of parking spaces shall be permitted only upon the same lot as the
principal use which the parking is intended to serve;
(3) The total number of parking spaces created for any use shall be established by the Board,but in no
case shall the total number of parking spaces provided exceed two hundred (200) percent of the
___ _.___-, ._-9__r, (W I IRR,alculated spaces M n MUM ftfflb EF_rspaces-__..:Fed
.
and
(4) The approval of such increase shall be based on findings related to unique peak parking demands
created by the operational nature of the use, intensity of building utilization unique to the use, or
overlapping shifts or demand.Such documentation shall be provided by the applicant.
Table 653"1. tequired Parking Spas"Calculation
Use Maximum
Required Parking
Calculated as 1 Space for Each Specified
Unit
Uses
n,e_s___..._„_ Alene N
Resi&nt4W Uses
Dwelling,s ., r_m ly detaph pd Nene N
V 0.667 dwelling un a
Dwelling, multifamily,..A.... ('w.nnded '1'1 OOO dwell ng unit
t8 heuse the
.
elderly)Dwell Ag, mult family,
...6....6.... n a.,.. 9.667 dwelling-n t Al
Dwelling
7ewwpeuse-ersew-keuse 9667dwelliAg nt Pl
Dwelling, _nufa,.. .,.d w..... WeEappNea4le N
,Owelp�ebileheme
mastGuest 6,.d.. am, 1. N
Maid ng house N
Bermiten✓ N
.e r...: i. EengFegate 6..... Al
eldeFly
a.... ...d '..this table
.e 6.....
04
fasil ty
6',.g.te seet an 'ICO_ f0
ate. C. .R
Hotel or motel Room; add spaces for meeting or Y
restaurant area as additional principal
uses.
Commercial Uses:Office and Related Uses
300 sf net floor area Y
Y
Business service establishment, not y
otherwise listed in this table
Financial institution y
lzalseFaWFy,test ng and Fese-F-1; N
Medical clinic 300 sf net floor area Y
Office,general or professional
Outpatient mental health and substance py —
Commercial
abuse clinic Uses:Miscellaneous
Animal hospital or veterinary clinic 500 sf net floor area Y
Caterer,commercial
Y
Community market Not applicable Y
Drive-through facility Y
Drive-through kiosk Y
Flea market 500 sf of display area Y
Funeral home 4 seats in largest chapel or viewing room Y
Kennel 1,000 sf net floor area Y
Live-work unit 1.5 dwelling unit Y
Mixed-use building Subject to the requirements of the uses in Y
the building
Outd BF dyeI45 Rg S gA N9ne M
Pet crematorium 1,000 sf net floor area Y
Studio/multimedia production facility 500 sf net floor area Y
Commercial Uses:Retail Sales and Service
Bakery,confectionary,or similar food 300 sf net floor area Y
production, retail
Building supplies and materials, retail y
y
Business service establishment, not y
otherwise listed in this table
Car wash 1.5 self-service bay y
0.25 automated service bay
b'_4.me t
Commercial motor vehicle sales and 5,000 sf of lot area y
service establishment, new or used
Contractor or tradesman's shop,general 600 sf net floor area y
or special trade
Dry cleaning plant or commercial laundry 500 sf net floor area y
Gasoline station None y
General service establishment,not 350 sf net floor area y
otherwise listed in this table
y
Laundromat
y
Lumberyard 1,000 sf net floor area y
Manufactured or mobile home sales 500 sf of sales and service building y
Motor vehicle repair or service 1.5 service bay y
establishment
Motor vehicle sales and service 750 sf net floor area y
establishment, new or used
area
Personal service establishment,not 300 sf net floor area y
otherwise listed in this table
Recreational vehicle or boat sales 1,000 sf net floor area y
establishment Lafge N
peels,hat tubs,
Retail sales establishment, not otherwise 250 sf of retail area Y
listed in this table
Storage building sales 500 sf of sales building Y
Industrial
n ind..m...,o�:...:..i 1,000s Wis tR lnnnn_a of dnn n. W
OiStFibUt OR
enteF, ROt AtlIPPA49P listed 5,009 sf up te 50,000 sf of build %g aFea, N
n ^
thk tab., theR1s e{........m 10090;fn
FeMaIR Ag ti..:iaa
Self ty
StgFage..i.............. , ...h:..i..
en site Fental AF'on; ng faeky4
of flammable 1 qu,ds bylldigg.aFea
wareheu5e N
,,tn........ 10,099 sf,.s
Assembly and Entertainment
Adult uses 500 sf building area Y
Amphitheater 6 seats or 600 sf of total assembly area, Y
whichever is greater
Amusement,commercial, indoor 250 sf net floor area Y
Amusement,commercial,outdoor 1,000 sf of activity area Y
Botanical garden or arboretum Not applicable Y
Club, edge _ I 586 OF s...._..,.,1 �BBF2r2a N
en
Exhibition,convention,or conference 8 persons of maximum load occupancy y
center
Go-cart track 1,000 sf of activity area y
Golf course 0.5 holes y
Health and fitness center 5 persons of maximum load occupancy y
Meeting hall 5 persons of maximum load occupancy y
Paint ball facility,outdoor 2,000 sf of activity area y
Nene N
Place of worship 4 seats or per 6linear feet of bench y
seating in the portion of the building to be
used for services or the largest assembly
room,whichever is greater
Recreation, indoor—Bowling alley 0.5 lane y
Recreation,indoor—Ice skating or roller 200 sf of skating area y
skating rink
Recreation, indoor or outdoor— 0.5 court y
Basketball courts
Recreation,indoor or outdoor—Batting 0.5 cage y
cages
Recreation,indoor or outdoor— 500 sf of skating area y
Skateboarding course
Recreation, indoor or outdoor— 75 sf of water area y
Swimming pools
Recreation,indoor or outdoor—Tennis or 0.75 court y
other racquet courts
Recreation,outdoor—Athletic fields 2,000 sf field area y
Recreation,outdoor—Golf driving ranges 0.75 tee y
Recreation,indoor,not otherwise listed in 500 sf of activity area y
this table
Recreation,outdoor, not otherwise listed 1,000 sf of activity area Y
in this table
Sports stadium,arena,or coliseum 5 seats y
Zoo 2,500 sf of display area V
Public, Institutional or Community Facilities
Aquarium or planetarium 2,000 sf net floor area y
Artist studio 1,000 sf net floor area V
Gemetep/ Nene N
Gamma ityfeed aperMlew 1,090 sf netfleOFarea N
Community garden None
Day care center,adult 8 persons as permitted by max occupancy Y
Day care center,child 8 children as permitted by max occupancy Y
I)a ,GaFe ehild Plot applieable N
Educational facilities,business school or 4 students y
nonindustrial school
Educational facilities,college/university 14 full-time equivalent students Y
Educational facilities,elementary 0.5 classroom y
Educational facilities, middle 0.5 classroom Y
Educational facilities,secondary 7 students y
Educational facilities, industrial trade 5 students Y
school
Educational facilities,school for the arts 300 sf y
r' _, poke, g b00-sf N
Government offices or other government 300 sf net floor area y
facility,not otherwise listed in this Table
Hospital 500 sf net floor area y
Library 500 sf net floor area y
Military Reserve or National Guard Center 600 sf net floor area y
Museum 1,000 sf net floor area y
Post office 400 sf net floor area y
Supply pantry 500 sf net floor area y
Training facility for police,fire,or 600 sf net floor area y
emergency services
Transportation Uses and Structures
Airyect Nene N
staFage
N
Met
..F fFeight teFMiRal O tF 1_1'tP ..iR21 5,000 sf up to 50,000N
6
Railroad passenger station None y
Transit station None y
Utility Uses and Structures
Broadcasting studio or station 300 sf net floor area Y
u.,. ,Fr Nene N
HR;RFdOl-'q MAPF RIG fRCi- AM.r,.rr:.... .. N
Nene N
Nene N
tsansitlenal
Utility geReFat OR 9F tFeatmpRt
....a .......:....faefl:... unn-r..u:..,--..... N
_........._..__... Neae N
Agr+eeRwe
Agrieukara4epeRtiens Nene N
Animal shelter 500 sf net floor area Y
Stable, commercial 4 stalls Y
Wildlife rescue shelter or refuge area 500 sf net floor area of office Y
"sY'means the net floor area in square feet for the principal structure,or use if the use occupies only
part of a structure, unless otherwise noted in the table.
"Y" means the maximum parking regulations set forth in Section 36.2-653 shall apply.
"N" means the maximum parking regulations shall not apply.
APPENDIX A.—DEFINMONS
For the purposes of this chapter,the following terms and words shall be defined as set forth below,unless
otherwise
Electric ehicle chamine station:an element in an infrastructure that suuulies electric energy for the
recharging of plug-in electric vehicles including electric cars neighborhood electric vehicles and Plug-in
hybrids.
APPENDIX B.-SUBMITTAL REQUIREMENTS
This Appendix outlines the materials and information that must be submitted in order to provide a complete
application for approval of basic development plans,comprehensive development plans,and associated landscape
plans.
B-1.Basic Development Plan
+++
(c)A basic development plan shall include the following information,although the zoning administrator may
waive any of the following required information,if it is not needed to determine compliance with a specific
section of this chapter and if the agent identifies such code section pursuant to Sections 36.2-552(c)and 36.2-
553(c)(1)(B)of the City Code:
(8)Number,location,and dimensions of all on-site parking spaces,entrances to the site,driveways,or
other paved areas;labeling of driveway surface; a-"---"-- of on stfeet parking e(s) it_ermiIie
an stfeet pe&l;ng
lot frontage is being utilized te meet minimum parking requieenient,pe
�..�-oar.slang
+ + +
APPENDIX C.—AGREEMENTS
This Appendix provides agreements as may be required by this chapter.
C-1.-OR-Site Parking Agreement
Following is the Off-Site Parking Agreement as required by Section 36.2-652(g)(4)of the Code of the
City of Roanoke(1979),as amended.
CITY OF ROANOKE
OFF-SITE PARKING AGREEMENT
THIS AGREEMENT made and entered into this _ day of , 20_, by and between
hereinafter referred to as the "Owner of the Primary Paroel(s)," and , hereinafter referred to as the
"Owner of the Secondary Parrel(s),"and the City of Roanoke,Virginia:
WITNESSETH:
WHEREAS,the Owner of the Primary Parcel(s) certifies that he/she/it is/are the record owner(s) of property
identified as Official Tax Parcel(s)No. on the records of the Commissioner of the Revenue of the City of
Roanoke,and being the same property acquired by the Owner of the Primary Parcel(s)by instrument recorded
in the Clerk's Office of the Circuit Court of the City of Roanoke in Deed/Will Book ,page.which
property is hereinafter referred to as the"Primary Parcel(s)";and
WHEREAS,the Owner of the Secondary Parcel(s)certifies that he/she/it is/am the record owner(s)of property
identified as Official Tax Parcel(s)No._on the records of the Commissioner of the Revenue of the City of
Roanoke,and being the same property acquired by the Owner of the Secondary Parcel(s)by instrument recorded
in the Clerk's Office of the Circuit Court of the City of Roanoke in Deedvill Book ,page ,which
property is hereinafter referred to as the"Secondary Parcel(s)."
NOW,THEREFORE,for and in consideration of the approval of the City of a development plan for the Primary
Parcells),and the mutual covenants herein,it is agreed by the parties that:
purst-ain to the t.iin. of Serum 36 1 6K, Minimum off street par4iing--G Cede e
hMj!ffzMt2, Zoning, of the
Roanoke (1979), as mended, off street p"46ng speee requirements for the pf8pased use of the
Primary Pateel(s), are being satisfied through liFevision of all or a penion ef sueli
ntanbiriingge the geo in aSTOgeel`). required
The permanent availability of such parking spaces and associated pedestrian access routes for use on the
Secondary Parcel in conjunction with the uses conducted on the Primary Parcel(s) has been established by
execution of an appropriate legal instrument,recorded in the Clerk's Office of the Circuit Court of the City of
Roanoke in Deed Book ,page .
By the signature(s)on this statement,the Owners)of the Primary Parcel(s),do hereby acknowledge and agree
that should the parking spaces on the Secondary Parcel become unavailable for use at some time as a result of a
breach in the recorded instrument, or for any other reason, that an equal number of parking spaces shall be
constructed and provided either on the Primary Parcel(s) or through another off-site arrangement. Failure to
provide or construct such replacement parking spaces within ninety (90) days, weather permitting, shall be
deemed a violation of the City's Zoning Ordinance and shall be punishable in accordance with the penalties
provided therein.
The responsibility of complying with these parking requirements shall run with title to the Primary Parcel(s)and
the Secondary Parcells),and shall not be affected by transfer by lease or of ownership,as long m the use of the
Primary Parcel(s) necessitates provision of off-site parking spaces to satisfy the applicable parking standards
specified by the Zoning Ordinance. A recorded statement executed by the Owners) of the Primary Parcel,
indicating that all or a portion of such parking spaces are no longer required,shall be conclusive as to any release
from the requirements of this Agreement by the City.
2. This Ordinance will become effective immediately upon its passage.
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: r
CtuCuu J-- �__0
City Clerk.
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: November 15, 2021
Subject: Proposed amendments to Chapter 36.2, Zoning, of the Code of the
City of Roanoke, (1979), as amended, by amending and re-
ordaining, 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 and
the recently updated Comprehensive Plan.
Summary:
The Planning Commission held a public hearing on November 8, 2021 . By a
vote of 5-0, with Commissioners Pamela D. Smith and James E. Smith absent
from the proceedings, the Commission recommends approval of the proposed
amendments to the Zoning Code.
Background:
Proposed amendments to Chapter 36.2, Zoning, of the Code of the City of
Roanoke, (1979), as amended, by amending and re-ordaining, 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 and the recently updated Comprehensive Plan.
The proposed amendments make three important changes:
1 . Allows accessory apartments as a permitted use in all residentially
zoned districts. All supplemental regulations and definitions
associated with this particular use would still apply.
2. Creates accessory uses for both solar energy systems and electric
vehicle charging stations. Each of these accessory uses are
accompanied by proposed supplemental regulation that addresses
location, scale, and buffering/screening of these uses.
3. Eliminates the minimum parking requirements in all zoning districts
throughout the City.
These amendments were developed by Planning staff, but were taken directly
from priority and action items highlighted in City Plan 2040. These policies were
initiated by motion of the Planning Commission at its regular meeting on
August 12, 2021 .
Considerations:
The basis for these changes are rooted in the City's comprehensive plan, City
Plan 2040. Below are a list of policies and actions from City Plan 2040 that
specifically relate to the proposed zoning text amendments.
Proposed Supporting Policy from City Plan 2040
Amendment
Allow accessory Interwoven Equity
apartments as a
permitted use within all Priority Three: Neighborhood Choice
residential districts - all
supplemental Policy 1 : Identify and remove barriers to housing choice
regulations would still • Reconsider housing policies rooted in racial segregation
apply. efforts such as exclusionary zoning districts that exclude
all but single-family houses
• Work to reduce tenure bias, that is, the favoring of owner-
occupants over renter occupants, by reviewing City policy
and plans to eliminate such bias
Policy 4: Develop varied and affordable housing options in each
neighborhood
• Ensure affordable housing is available in all
neighborhoods in the city
• Promote complete neighborhoods, so all neighborhoods
have a broad range of housing types, including
multifamily housing
Livable Built Environment,
Priority Four: Housing
Policy l: Enable affordable and accessible housing options in all
neighborhoods
Poles: Enable a range of housing types in each part of the
community to achieve inclusive, livable neighborhoods that
prosper over time
• Consider ways to introduce different housing types into
neighborhoods that lack housing diversity while being
mindful of and responsive to concerns about
neighborhood character, design, and maintenance
• Explore opportunities for alternative living arrangements,
such as group living and co-housing, near neighborhood
centers
• Permit accessory dwelling units in all residential zones
2
Proposed Supporting Policy from City Plan 2040
Amendment
Specifically address Solar Harmony with Nature
Energy Facility and
Electric Vehicle Charging Priority Four: Clean Energy and Transportation
Station as Accessory
Uses with its own Policy 2: Encourage residential and business use of renewable
Supplemental energy
Regulations • Improve public outreach, education, access, and support
of fixed renewable energy programs
• Continue and expand the City's tax incentive program for
energy efficiency
• Identify areas with potential for renewable energy
generation to ensure cohesion with priorities for
greenspace and increased tree canopy
• Encourage development of renewable energy generation in
underutilized spaces
Policy : Increase coverage and maintenance of infrastructure for
sustainable modes of transportation
• Increase the number of electric vehicle charging stations
through EV ready building incentives and find innovative
ways to map their locations
• Support technology, strategies, and businesses that
improve access to more sustainable modes of
transportation, such as Ride Solutions
Removal of the Minimum Harmony with Nature
Parking requirement
Priority 1: Sustainable Land Development
Policy 5: Reduce impervious surface through development
requirements
• Remove minimum parking requirements
• Encourage space saving parking measures, such as shared
parking and parking decks, through incentives and zoning
requirements
• Increase permeability requirements as part of parking
standards (.e.g, permeable pavers, infiltration strips, rain
gardens)
• Replace dated standards, such as impervious surface ratio,
with measures that reduce impervious surface while
encouraging desired compact development patterns
Public Comments and Public Outreach:
Planning Commission Work Session:
Most of the discussion at the work session was related to the proposed
amendments around permitting accessory apartments in residential
neighborhoods by-right, and the removal of the minimum parking standards
from the Zoning Ordinance.
3
Specifically, Staff clarified that the definition of accessory apartments would not
be changing and that the supplemental regulations that regulate the use would
be left intact. It was explained that the accessory apartment use is currently
allowed in these residential districts through a Special Exception before the
Board of Zoning Appeals.
The conversation about the removal of minimum parking standards centered
around the need for this amendment. Staff explained that it was their
experience that minimum parking requirements are currently doing more harm
than good, in some instances requiring parking where both the City and the
developer would agree that parking is not necessary, but codified. This adds
added cost to development and disincentives investment in City projects. What
we have seen is that developers are incentivized to provide parking for their
projects that truly meets the demand as an amenity of the development.
Planning Commission Public Hearing and Public Comments
Prior to the Planning Commission public hearing, four emails were received.
• Two emails expressed concern and did not support permitting
accessory apartments by right.
• One email expressed support for permitting the accessory
apartment use by right in all residential districts.
• One email expressed support for all three key issues address by
the zoning code amendments.
At the public hearing, one person addressed the Commission in opposition to
all three key issues.
Public Outreach:
Staff began discussion about the three major text amendments approximately
five months ago, beginning with the June 11 , 2021 , Planning Commission work
session. Since that time, City Staff has conducted extensive outreach to the
community, making the connections between the themes and goals expressed
in City Plan 2040 and the implementation of those goals through the proposed
text amendments.
Thus, outreach on these topics began with and stem from the Comprehensive
Plan update, City Plan 2040, which was a nearly 3-year planning and community
engagement process. The text amendments proposed are specific action items
stated in City Plan 2040 and are desired outcomes of that community
engagement process.
Additionally, City Planning Staff, in conjunction with the Office of Community
Engagement and RVTV, developed and produced a Public Service
Announcement that has been shared through the
Planroanoke org/implementation page, the City's Main Facebook page, and the
4
Planning, Building and Development Department's Facebook page. Developed
on September 13, 2021 , this PSA clearly communicated the timing of the
Planning and City Council public hearings. This informational PSA has been
shared among all of the City's other social media platforms. See below for a
link to that PSA:
httos //voutu.be/IvameOvbmrs
On October 28, 2021 , City Planning Staff, assisted by the Office of Community
Engagement, held a virtual Question and Answer Session on Facebook Live,
broadcasting to the City's Main Facebook page. The Question and Answer
session began with a general discussion of the three major text amendment
proposals and opened up the latter part of the session to questions from the
public about the specific amendments. Since that event, the pasting has been
view over 600 times.
More traditional methods of connecting with the community were also used for
outreach, specifically Civic Send (email notifications) were sent to the
subscribers who have signed up for the following topic areas: "Media",
"Roanoke Neighborhood News", and "Planning Commission News." Over a five-
month period, staff has deployed 20 Civic Send email messages to the 1 ,421
subscribers inviting them to access the information on the Planning
Commission webpage. In total, 28,406 emails were sent.'
On November 1 , 2021 , City Planning Staff provided City Council with a briefing
on the three key issues proposed. Both technical questions and outreach efforts
were discussed.
Conclusions and Recommendations:
The Planning Commission recommends approval of the proposed Zoning Code
amendments to make the City's zoning code easier to use for its citizens, and to
make the City's zoning code consistent with state code and the recently updated
Comprehensive Plan, City Plan 2040.
kxrz� 5. A
Karri B. Atwood, Chair
City Planning Commission
Enclosure: Attachment A, Summary of Proposed Code Amendments
'Source: Civic Send Analytics, accessed by Tina M. Carr, November 4, 2021.
5
Distribution: Robert S. Cowell, Jr., City Manager
W. Brent Robertson, Assistant City Manager
Chris Chittum, Assistant City Manager
Jillian Papa Moore, Acting Director of Planning Building &
Development
R. Wayne Leftwich, Jr., Planning Commission Agent
Phillip Moore, Zoning Administrator
Timothy Spencer, City Attorney
Laura Carini, Senior Assistant City Attorney
6
ATTACHMENT A
Summary of Proposed Code Amendments
Code Section Issue Resolution Policy
36.2 - 311 Allows accessory apartments Replacement of"S' with "P" in all boxes Interwoven Equity
as a permitted use within all in the residential accessory use table.
Use Table for Residential residential districts - all Priority Three: Neighborhood Choice
Districts supplemental regulations
would still apply. Policy l: Identify and remove barriers to housing
choice
Reconsider housing policies rooted in racial
segregation efforts such as exclusionary zoning
districts that exclude all but single-family houses
Work to reduce tenure bias, that is, the favoring
of owner-occupants over renter occupants, by
reviewing City policy and plans to eliminate such
bias
Policy 4: Develop varied and affordable housing
options in each neighborhood
Ensure affordable housing is available in all
neighborhoods in the city
•Promote complete neighborhoods, so all
neighborhoods have a broad range of housing
types, including multifamily housing
Livable Built Environment, Priority Four: Housing
Policy 1 : Enable affordable and accessible housing
options in all neighborhoods
Policy 3: Enable a range of housing types in each
part of the community to achieve inclusive, livable
neighborhoods that prosper over time
Consider ways to introduce different housing
types into neighborhoods that lack housing
diversity while being mindful of and responsive to
concerns about neighborhood character, design,
and maintenance
Explore opportunities for alternative living
arrangements, such as group living and co-
housing, near neighborhood centers
Permit accessory dwelling units in all residential
zones
1
36.2-333 - Floodplain Adding additional 2' of freeboard required on all Required in order to comply with FEMA NFIP
Overlay district requirements in A-zones to residential dwelling built or substantially minimum standards.
(d)(2)(C)(i)&(ii) match the minimum improved in A-zones where flood depth
standards of the NFIP is specified and 4' where it is not.
The same would apply to the flood-
proofing or elevation of non-residential
buildings located in A-zones
36.2-333 -Floodplain Removal of duplicate Remove duplicate language found in Scrivener's error
Overlay district (f)(1)(D) language (fl(1)(D) that references same language
found in (f)(1)(E)
36.2-403 Accessory Uses Need to specifically address Write supplemental regulations, Harmony with Nature
Solar Energy Facility as an including applicability (roof vs. ground
Accessory Use with its own mounted), to control placement Priority Four: Clean Energy and Transportation
Supplemental Regulations location, size/scale, glare, and
buffering/screening. Policy 2: Encourage residential and business use of
renewable energy
Need to specifically address Write supplemental regulations, Improve public outreach, education, access,
electric vehicle charging size/scale, signage, and buffering. and support of fixed renewable energy
stations as an accessory use programs
• Continue and expand the City's tax incentive
program for energy efficiency
• Identify areas with potential for renewable
energy generation to ensure cohesion with
priorities for greenspace and increased tree
canopy
• Encourage development of renewable energy
generation in underutilized spaces
Policy 3: Increase coverage and maintenance of
infrastructure for sustainable modes of
transportation
• Increase the number of electric vehicle
charging stations through EV ready building
incentives and find innovative ways to map
their locations
• Support technology, strategies, and businesses
that improve access to more sustainable modes
of transportation, such as Ride Solutions
36.2-429 Temporary Use Wrong subsection referenced Change reference from subsection (f) to Scrivener's Error
Table I subsection (g)
2
36.2-652 - Removal of the Minimum parking Change all "Y" to "N" under the Harmony with Nature
Minimum Parking requirements are no longer dimensional regulations for every
requirement meeting the objectives set zoning district Priority 1: Sustainable Land Development
forth in the Comprehensive
Plan and are contributing to Repurpose Sect. 36.2-652 Minimum Policy 5: Reduce impervious surface through
increased impervious surface Parking standards to keep what is still development requirements
throughout the City. relevant, and delete the parts that will -Remove minimum parking requirements
no longer apply. -Encourage space saving parking measures, such
as shared parking and parking decks, through
incentives and zoning requirements
Increase permeability requirements as part of
parking standards (e.g, permeable pavers,
infiltration strips, rain gardens)
Replace dated standards, such as impervious
surface ratio, with measures that reduce
impervious surface while encouraging desired
compact development patterns
3
The Roanoke Times Account Number
Roanoke,Virginia 6011439
Affidavit of Publication
Date
CITY OF ROANOKE-PDB November 02,2021
Ann TINA CARR
215 CHURCH AVE
ROOM 166
ROANOKE,VA24011
Date Category Description Aa Size Total Cost
11/1112021 Legal Notices PUBLIC HEARING NOTICE Any public hearings advertised he 1 x 299 L 2796.88
Publisher of the
Roanoke Times
I,(the undersigned)an authorized representative of the
Roanoke Times,a daily newspaper published in Roanoke,in the
State of Virginia,do certify that the annexed notice PUBLIC
HEARING NOTICE An was published in said newspapers on the
following dates:
10126, 1110212021
The First insertion being given ... 10/26/2021
Newspaper reference: 0001272705
- �&t-
Billing Representative
Sworn to and subscribed before me this 2n4 oay of November 2021
Notary Public
Crystal Michie Robinson
State of Virginia Notary Public
County of Hanover Commonweanh of Virginia
My Commission expires Reg, 93229�03&POP
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU
PUBLIC HEARING NOTICE
Any public hearings advertised herein
will be held in the City Council
Chamber,fourth floor,Room 150.Noel
C. Taylor Municipal Building, 315
Church Avenue SW.Roanoke,Virginia
This public hearing may be conducted
by electronic communication means
due W the COVID 19 pandemic
deaster. Persons registered to speak
may repuest information to present
their testimony via electronic
nication means, as demdbed
belowu Citizens who register will be
provided information to present their
testimony in person or via eleebonlc
communicantons means should the
phearing be conducted by
electronic communications means due
to the COVIRI9 Paris ie tlisastec All
persons shall be afforded an
opportunity to steak and state their
mnews concerning all aspects of these
atters.
Any applications will be digitallyy
available for review online at bh Si7l
@engd, gd2gl9/Commz s or
may be obtained digitally by emailing
planning®roamkevamv.
If you are a Person with a disability
who needs accommodations for any
public hearings advertised herein,
please contact the City Clerk's Office.
(51URF532511, by mmn, Friday.
Novemberi IDL.
Cecelia F.MCCo$CMC,City Clerk
The City of ROMIake PMnMng
Comsicsba will hold A Public heading
on Noverni 2021,at 130 p.m.,or as
soon thereafter as the matter may be
heard, m consider the following
maHers. All pa pona wishing t0
address the Planning Commission must
signup with the Secretary to the
Planning Commission by emailing
plann'mgamanoludift v or by calling
(590)8531330 by mmn, Wednesday,
November 3, 31121. If recturested,
Persons van register to speak will he
provided with information to present
their testimony via electronic
municatlon means. Written
remens of Interested persons will be
ceives by the Secretaryry to the
Planning Commission at pArmndQ
parmodisaagv by noon, Wednesday,
Ngvember3,2@l. Citimns are advised
that the date on which citizens may
departureofrom the uzuaall comment sa
Application by Franklin Road I.I.C.to
vacate an alley running north from
Franklin Road 5W towards Luck Avenue
SW,adjacent to property located at 113
Franklin Road SW,Oficial Tax Map No.
1012613, and extending north to the
southwest corner of 120 Lues Avenue
SW.official Tax Map No.1012606.and
to include the portion of the alley
running parallel to Franklin Road SW
and Luck Avenue SW,continuing east
from Its Intersection with the
aforementioned alley to the southeast
comer of the building on 130 Luck
Avenue SW.
Application by Good Samaritan Hospice
to repel all conditions previously
proffered as part of a previous
rezoning adopted through the
enactment of Ordinance B49 010197
on property located at 0 Cove React
NW, bearing Official Tax Map No.
"Will, and t0 rezone the property
from RML, Residential Multifamily
District.to INPUO,Instituflonat Planned
Unit Development outrlct subject to a
development plan. The prospered
conditions recruited to be repealed
relate to developing the property in
substantial cotarmiry with
development plan and rendering
submitted with the previous rezoning
and that the pmperty ed used a group
care facility for the elderly. The land
use categories co miffed in INPUD
Include residential; azccmpredations
and group living; commercial;
industrial; assembly and
entertainment:putic,Institutional and
community facilities; transportation;
utility; agricultural; and accessory,
with maximum density as specified on
the planned unit development plan.
The comprehensive plan designates
the property for multifamily residential
cae. The proposed land use is group
re facility, nursing home; once,
geneml or professional; and medical
clinic
Prosed amendments W Chapter 352,
Zoning, of the Cede of the City of
Roanoke (1979), as Amended, by
amending and reordaining,adding, or
de@ting the following code sessions to
update, darify, and make the Chys
zoning ordinance easier to use for Its
citizens, and to make the 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 districp
unlesschemise noted:
L Section 361-311, Ute table for
residential district t0 allow necessary
apartments as A permiBeE use within
all residential district.Allow Electrical
Vehicle Charging Stations in cersoln
residential districts.Allow Schur Energy
Facilities as a permitted use within all
residential districts;
2. Section 36.2 312, Dimensional
regulations for residential district,to
Minimum parking
remove
for all res'dentinl
districts;
3. Section 36.2 315, U. table for
multiple purpose district, to allow
Electrical Vehicle Charging Stations in
multiple Wrpose districts.Allow Solar
Energy Facilities as A permitted use
within all multiple purpose districts;
A. Section 362316 Dimensional
regulations for multiple purpose
district,to remove Minimum parking
requirement for all multiple purpose
districts;
5. Section 36.2 322. Use table for
industrial districts,to allow Electrical
Vehicle Charging Stations as a
,.,had use within all industrial
districts Allow Solar Energy Facilities
As a permitted use within all industrial
districts;
6. Section 35.2 323, Dimensional
regulations for Industrial districts, to
Minimum parking
requirements for all Industrial dlstrich;
2. Section 361327, Use table for
planned unit development districts to
allow Electrical Vehicle Charging
Stations as a permitted use within all
planned unit development dlstriClS.
Allow Solar Energy Facilities as a
Permitted use within all planned unit
development districts;
B. Section 36.2 333,Floodplain overlay
district (d)(2)(D)(i) and (ii), to add
additional requirements In A zones m
match the minimum standards of the
Federal Emergency Management
Agency's National Flood Insurance
Program;
9. Section 36.2 331 F3oodDlain overlay
district(1)(1)(D),to remove language
duplicated In Section 361333,
EloOdplain overlay district UUJLUE);
ID.Sation 36101 &Cos., uses
and structures,to specifically address
Solar Energy Facilities As an Accessory
Use with its own Supplement
Regulations;
I1.Section 361-003, Accessory Uses
and structures,to specifically address
Electric Vehicle Charging Stations a
an Accessary Use with its own
Supplement R yulatbns;
12.Sectlon 36.2452.Minimum parking,
to remove minimum parking
requirements and rename the Stolon
to Off Site Parking;
U.Secgon 36.2 653,Maximum parking,
to remove minimum parking
requirements and to make revisions to
Table 69-2.Required Parking Spaces,
to he renamed as Table 6531.Parking
Calculation.
The mdinanoes adopting the
amendments described above shall be
effective upon adoption by the City
Cooncil for the City of Roanoke.
The proposed amendments are
available for review online at bRpw
anokeva, ov 019/co missions and
h_TpsI olanragnoke g/
molementItig or may be obtained
digitally by call planningg
roanokevagov.
Tina M.Carr,Secretary,City Planning
Commission
Cly Cgpnd will hold a public hearing
on the aforesaid matters on November
15. 2021, at 1:00 p.m., m as soon
thereafter as the matter may W heard,
In the City Council Chamber, fourth
Spur, Room 450. Noel C. Taylor
Municipal Building,215 Church Avenue
SW, Roanoke, Virginia All persons
wishing to address City Council may
sign-up online at www.mumplieva gov/
spuntil. In order to signup,the form to
eak before City Council may be
accessed under the tab Sign Up Form
to Speak Before CounX on the left of
the screen. Sign up forms must be
receiver!by 12:00noon on Monday,
November 15.2021. In the event the
public hearing is conducted by
electronic communication means due
to the C0VID 19 pandemic disaster,
you will be hop ed by the City Clerk's
Office. For further Information, you
may contact the Office of the Clty Clerk
at(5401853 2541.
Cecelia F.MCCcy.CMC,City Clerk
The BNy'of Rpa M Bgand of Zoning
,lppeab will hold a public hearing on
November 10,2021,at 1:00 p.m.or as
soon thereafter as the matters may be
heard, t0 consider the following
applications. All persons wishing to
Address the Boards of Zoning Appeals
must An with the Secretary to the
Board of Zoning Appeals by entailing
planning@mamkevagov or by calling
(540)8531330 by noon, Wednesday,
November 3.2OZ1. Written comments
of interested persons Will be received
by the Sacmtary to the Board of Zoning
Appeals at ourrefingarnsprourvilAWY by
noon,Wednesday, November 3, 2021.
Citizens are advised that the date on
which citizens may register or make
comment is a departure from the usual
date.
Application by Alex pearl for property
located at 100E End Street SW,bearing
Oficial Tax Map No. 1022301, for A
special excepibn pursuant For Section
362360(c),Zon,n.Code of the City of
Roanoke(1979),as amended to permit
a short-term rental.
Tina M.Can.Secretary.Gly Board of
Zoning Appeals
(1212105)
The Roanoke Times Account Number
Roanoke,Virginia 6011439
Affidavit of Publication
F77Dale
CITY OF ROANOKE-PDS October 21,2021
Ann TINA CARR
215 CHURCH AVE
R001,1166
ROANOKE,VA 24011
Data Category Description Ad Size Total Cost
1011412021 Legal Notice. PUBLIC HEARING NOTICE Any public hearings advedised he 1 x 366 L 3,407.92
Publisher of the
Roanoke Times
I,(the undersigned)an authorized representative of the
Roanoke Times,a daily newspaper published In Roanoke, In the
State of Virginia,do certify that the annexed notice PUBLIC
HEARING NOTICE An was published in said newspapers on the
following dates:
09128,1010512021
The First insertion being given... 0912812021
Newspaper reference: 0001262631
Billing Representative
Sworn to and subscribed before me this 21.1t nay of Oci 2021
C
Notary Public
Lm.r rnw to
State of Virginia Notary Publk
Commonwealth of Virginia
County of Hanover Reg, No. 7953581
My Commission expires r1v Comm. Expires Nov. 30, 2025
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU
PUBLIC HEARING NOTICE
Any so he hearings advem:ed herein
will be held in the City Council
Chamber.fourth floor.Room as0.Idi
C Taylor Municipal BUIldirg, 215
Church Avenue SW,Roanoke,Virginia
This public hearing may be conducted
by electronic communication means
up 10 the COVI019 pandemic
disaster. Persons registered l0 speak
may realest information 1. present
their testimony via alectmnic
cc niial means, as describedbelow, Citizens who register will be
provided Information to present their
testimony in person or via elect rpnk
mmunizatipns means should the
pudlic hearing be conducted by
eles ledip communications means due
to the COVID 19 pandemic disaster. All
parsons :hall be axomea an
opportunity to speak and state thee
views cOMemiag all aspect,Of thew
Thai
Any appliances will be di holly
variable for eview Online at niton//
r02.n.OkgrAgge/3019/Commissign{ o
may be obtainetl digitally by emailing
plarrungibrommeeva9ov.
If you are a Anson with A disability
who n,ad, a modations for any
public bearings madvertised herein,
please contact the City Clerks Office,
(pi 2Hl,by noon,friday,October
a 2021.
Cecelial McCoy,CMC,City Clerk
The City of Roanoke Planning
Commission will hold a public neared,
on 01 11,2021,al 1.30 p.m.,or as
heOn Opened,as the mane,may be
ard, to consider the following
tiers. III persons wishing to
address the Planning Commission mat
sigh up with the Secretary t0 the
Planning Commission by emailing
plannilg¢manokeva Rev or by calling
IPO) 8531330 by noon, Wednesday,
October 6,2021. If repuestM,pulses
who register to speak will be provided
with infil im Is presem their
testimony electronic
location means. Wrier.
,ormaz laof interested persons will
humerred by the Seoetary to the
id Odmmission at plannmge
anokeva 9nv by neon, N'edn^shty.
October 6,2021. Citizens are advised
that the date on which citizens may
eeepahure speak
orn thermemil date meds iso
Appbcaum by SI.Elizabeth's Episcopal
Church to close by barricade a portion
of York Road See by erecting a
barricade at the panel of 2352
York Read SW, bearing ONlcial Toa
Map No. 1511301, and 0 (zero) York
Road SW.beari,q Official Tax Map No.
1541202, extending perpenducc ar
across York Road SW to the Audi
Of 2302 xortnvlew mean SW, base,
Official Tax Map No. TAUS, and
""ai nog scroll traffic 0n the
southern portion of York Road SW that
dead ends at 2339 Gramme Road$W,
bearing Official Tax Map No.trial
Application by BIII Chapman to vacate
a 12 feet wide alley surrounded by
2WN its Street Site, bearing Of irel
Tax Map No. 101210 4th Street
SW, bearing Official Tax MAP No.
1010RO; 3% CampbeN Avenue SW.
bearing Offir TOY Map No.IDIN25',
and 351 Campbell Avenue SW,bearing
Off"Al If. Map NO. 101016; and
extending approximately W tees smth
from an alley that runs ampentllcular
10 4th Street SW.
Application by Greater Roanoke Transit
Call on vacate 0 m feet wme alley
between and parallel to lith Street SE
and RM Street SE, extending
pen, eigentar from the southern edge
of Campbell Avenue SE approsimately
I75 feet 10 the northern etl9e O1 KiM
Avenge SE. The proposed alley in
located between and parallel to tour
m)Properties rated at o 12th Street
SE, bearing OIONaI Tax Map No,
4110WR, 4110609, 4110610, and
4110611; 205 12th Street SE, bearing
Official Tax Map No.41IN02:201 Ilth
Street BE,bearing Official Tax Map Na.
411006;1110 Kirk Avenue SE.bearing
Official Tax Map No.4110M:and 1109
Campbell Avenue SE, bearing Official
Tax Map No.4110602.
Application by Brandon Village.LLC,to
rezone Property located at 0 (zero)
Brandon Avenue.SW,bearing TOY No.
1250801.from R7. Reotlal l Single
Family District,0 M%PUO,Mixed Use
Pmme,l ural el that subject m me Developmentnofbuilpian that
Taxi location of buildings and
intraslrvtl Th siteond us asel iltling
permitted
The land use cate^mies
residential
M%PUO include
group lying;
mmxl asam, And
group
ID rst�ribui on er assembly ori and
maybo nmenb pontic,institutional and
unity facilities: nanspoMtlOn:
ulllin; skiccullurell ane accei
wllh a maxlmom deturty 0 an
dwelling .it Per 1,90G s0uam feet of
lot Ore. The comprehensive plan
designates the property slogle family.
medium density. The proposed use is
townhouse a ad multifamily nwelllngs,
opposed amendments to Chapter 36.2
Zoning, of the Code of the City Of
Roanoke (1929), a amended. by
mending and reardaimng,adding,or
deleting the f011ovill mtle sessions to
u�nig Ordinance easier to uclrity, and make se fort Is
Illlxenz, and 1. make the z ning
mummer,cnesinenl with state[Ode.
such amendments not conRimrre A
comprehensive rezoning or change of
ny densities that would decrease
permitted densityany district,
Unless otherwise noted
1, Section 361 311. Use table for
residential dancts,to albw azGeszmy
apartment,as A permitted use wit6rl
all residential districts.Allow Electrical
Vehicle Charging Stalions In certain
residential districts.Allow Solar Energy
Facilities as a permrtled use within all
residential districts;
2. Section 30-311, Oimenslonal
regulations for residential districts.to
Minimum parking
requirements for all residential
districts;
3. Section 36.2 315, Use table lar
maniple purpose district, to alio.
Electrical Vehicle Charging Stations In
multiple purpose districts.Allow Solar
Energy FaclliLes as A permitted use
within all multiple purpose districts;
1. Section 36.2316 Dimensional
regulaid,, far lMl](ior purpose
districts.to remove Minimum parking
requirements for all multiple poorest
dISVI[Is;
5. Section 362322, Um table for
Industrial districts, tO allow Electoral
Vehicle Charging Stations as a
permitted use within all hall ial
tlistricts.Allow Solar Energy Facilities
ds a permitted use within all industrial
istricts;
6. Section 363323. Dimensional
regulations for Industrlm dist ins. tO
r¢move Minimum parker,
equirements for all mtlrstdal districts;
3. Section 36]321. Use table for
planned urn development districts.tO
Allow Elltnwl Vebicee Changing
Stalions as A permitled use within all
planned unit development districts.
Ar- Sola F,,U, "off", n
permitted use within an Pearce unit
aevelapmenl mines;
0. Section 362533.Floodplain Overlay
district (d)23(0)(1) and (r). to add
additional requirements in A zones to
match the minimum standard,Of the
Federal Emergency Management
Agency's National mond Insurance
h."Ine,
9. Section X2 333,Fbotlplain overlay
district(0(0(6). to remove language
duplicatetlS36.2 333
Flmegualn Overlay disldt(O(1)(E)'.
IOSecdrn 16.2101, Accessory us
and structures,to specifically address
Solar Energy Facilities as an Accessory
Use with its Own Supplement
Re,ulatims;
11.Section 362103, Action, Y
am swtures,to specifically address
Electric Vehicle Charging Stalions as
an Accessory Use with its Own
Supplement Regulations;
Il Section 362652,Minimum parking,
to remove minimum parkin,
requirements and rename the Section
to Of Site Parking;
13.Section 362653 Maximum parking,
to removeparking
requirements and to make revisions to
Table 6522,Required parking Spaces,
to be renamed as Table 651.1.Parking
Calculation
The ordinances adopting the
amendment,described above shall be
effective upon adaption by the City
Council for the City of Roanoke.
The armed,, Iematter,
notel le far iinnrme at hill
oanokevagoy/3019/Commission;and
h I pa://p l a n r a a n,k e.O r g/
Imylemenution or may be obtained
digitally by warning plannl"ic
manoknvagov.
Tina M.Carr,Secretary,City Planning
Commission
fell Cauacil will bold a public heating
0o the afmpand matters,evdapt for
the Proposed amendments to Chapter
361.Zoning,of the race of the City of
Roanoke.on October 181021,At 2:0
p.an.,or as soon tbereaftm as the
matter may be beard.in the City
Counal Chamber,fourth flow,Room
450,Nice C.Taylor Municipal Building.
215 Church Avenue SW,Roanoke.
Virginia.The City Council public
hearing for the Proposed amendments
to Chapter 36,2,Zoning,of the Code of
the City 01 Roanoke,will be held at A
Inver data to be determined,and will be
advertised prior to that data All
persons Midi
Carlmaysign-up 0ty
online al
w.roamkova.gov/council.In order
to sign up,the form to speak before
City Council may be.,a...i on.,
the cat-Sii,Up Form to Speak Before
Council"on the left of the screen.$ign
by fmura mail 6R mccived by t2'.W
noon on artery,OMber 1"021. In
the event the public hearing is
conducted by elawtmnlc
,intermarried means do,to the
COVID-19 pandemic dl5astr.you will
be rectified by the City Clark'a Office.
For further information,you may
contact lhe0ihce of the City Clerk at
(510)BSa2511.
C9091ia F.McCoy.CMC CII,Clerk
The City of Roanoke Board of Zoning
A,,ddls will Ad a public hearing on
October 13.2021,at IN p.m.,or as
On thereafter as the names maybe
heard,to consider the following
applicationsall persons wishing to
address the Board of Zoning Appeals
must signup with the Secretary t0 the
Board of Zoning Appeals by emalling
planning6rwnOkc,"o,or by calling
(Spi 1310 by noon,Wednesday.
October 6,2021.written comments of
Intended persons will be received by
the Secretary to the Board of Zoning
Appeals at planning®manokeva.gov by
Mn.Wednesday.October 6.2021.
ariana are advised mat the data on
which citicena rear,r,later or make
meat is a departure Iron the usual
Cate.
Application by Brian Ducker for
property located at 1510 Langhorne
Street SE,hearing Offiiel Tai Map ko.
4130622 for a special exception
Cuesuant to Section 361311,Zoning.
Cade of the City at Roanoke(1979),as
amended,to permit an accessory
exalt
Application by Marlene Campbell for
property located at 4012 Lytham OIN'
SW,bearing Official Tan Map No.
5100108,for a special exczpilon
p rant to Section 36.1312 zoning.
Code of the City of Roanoke(1979),as
amended,to permit a family day home.
Appliglim by The Hosellt Collective.
LLC for property located at 2051 Blue
Hilt,D NF,bearing Official Tax Map
No.7230fal for a Ii symbolism
n
pumia to Section 36.1322,Zoning,
Cade of the City of Roanoke(1979).as
amended,to permit a composting
facdit8
Appliertion by Bo, iew, LLC, for
property located at 1315 Plantation
Head NE,beating official Tan Map No.
3043003, for A special exception
pursuant to Section 36.2 327. Zoning,
Code of the City of Reemke(1979),as
amended, to permit an outpatient
men Ml health and substance abuse
clinic.
Application by Ziff properties.Ine,for
propeM1y located at 2243 Franklin Road
Sex, bearing Official Tax Map No,
1200603, far a special exception
Chale of the City lof Noamke(1929).es
mended, to permit a self Storage
buir
Tina M.Can,Secretary.City Board of
zoning Appeals
(1262631)
PUBLIC HEARING NOTICE
PUBLIC HEARING NOTICE
Any public hearings advertised herein will be held in the City Council Chamber, fourth floor,
Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke, Virginia.
This public hearing may be conducted by electronic communication means due to the COVID-19
pandemic disaster. Persons registered to speak may request information to present their
testimony via electronic communication means, as described below. Citizens who register will
be provided information to present their testimony in person or via electronic communications
means should the public hearing be conducted by electronic communications 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 at
haus: roanoketu.eov2019 C ommissions or may be obtained digitally by mailing
nlannint ri.roanokeva.uoc.
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 5, 2021.
Cecelia F. McCoy, CMC, City Clerk
The City of Roanoke Planning Commission will hold a public hearing on November 8, 2021,
at 1:30 p.m.,or as soon thereafter as the matter 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 mailing nlannm6ht roanokeca,o\ or by calling(540)853-1330 by
noon, Wednesday, November 3, 2021. If requested, persons who register to speak will be
provided with information to present their testimony via electronic communication means.
Written comments of interested persons will be received by the Secretary to the Planning
Commission at planninetii roanokc�a.aov by noon, Wednesday, November 3, 2021. Citizens are
advised that the dale on which citizens may register to speak or make comment is a departure
from the usual date.
Application by Franklin Road, LLC,to vacate an alley running north from Franklin Road SW
towards Luck Avenue SW, adjacent to property located at 117 Franklin Road SW, Official Tax
Map No. 1012613, and extending north to the southwest comer of 120 Luck Avenue SW,
Official Tax Map No. 1012606, and to include the portion of the alley running parallel to
Franklin Road SW and Luck Avenue SW, continuing east from its intersection with the
aforementioned alley to the southeast comer of the building on 120 Luck Avenue SW.
Application by Good Samaritan Hospice to repeal all conditions previously proffered as part of a
previous rezoning adopted through the enactment of Ordinance 33457-070797 on property
located at 0 Cove Road NW,bearing Official Tax Map No. 6410111, and to rezone the property
from RMF, Residential Multifamily District, to INPUD, Institutional Planned Unit Development
District, subject to a development plan. The proffered conditions requested to be repealed relate
to developing the property in substantial conformity with a development plan and rendering
submitted with the previous rezoning and that the property be used a group care facility for the
elderly. The land use categories permitted in INPUD include residential; accommodations and
group living; commercial; industrial; 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 comprehensive plan designates the
property for multifamily residential use. The proposed land use is group care facility, nursing
home; office, general or professional; and medical clinic.
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 sessions to
update, clarify, and make the City's zoning ordinance easier to use for its citizens, and to make
the 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:
I. Section 36.2-311, Use table for residential districts, to allow accessory apartments as a
permitted use within all residential districts. Allow Electrical Vehicle Charging Stations
in certain residential districts. Allow Solar Energy Facilities as a permitted use within all
residential districts;
2. Section 36.2-312, Dimensional regulations for residential districts, to remove Minimum
parking requirements for all residential districts;
3. Section 36.2-315, Use table for multiple purpose districts, to allow Electrical Vehicle
Charging Stations in multiple purpose districts. Allow Solar Energy Facilities as a
permitted use within all multiple purpose districts;
4. Section 36.2-316, Dimensional regulations for multiple purpose districts, to remove
Minimum parking requirements for all multiple purpose districts;
5. Section 36.2-322, Use table for industrial districts, to allow Electrical Vehicle Charging
Stations as a permitted use within all industrial districts. Allow Solar Energy Facilities as
a permitted use within all industrial districts;
6. Section 36.2-323, Dimensional regulations for industrial districts, to remove Minimum
parking requirements for all industrial districts;
7. Section 36.2-327, Use table for planned unit development districts, to allow Electrical
Vehicle Charging Stations as a permitted use within all planned unit development
districts. Allow Solar Energy Facilities as a permitted use within all planned unit
development districts;
8. Section 36.2-333, Floodplain overlay district (d)(2)(D)(i) and (ii), to add additional
requirements in A-zones to match the minimum standards of the Federal Emergency
Management Agency's National Flood Insurance Program;
9. Section 36.2-333, Floodplain overlay district (f)(1)(1)), to remove language duplicated in
Section 36.2-333, Floodplain overlay district (f)(1)(E);
10. Section 36.2-403, Accessory uses and structures, to specifically address Solar Energy
Facilities as an Accessory Use with its own Supplement Regulations;
11. Section 36.2-403, Accessory uses and structures, to specifically address Electric Vehicle
Charging Stations as an Accessory Use with its own Supplement Regulations;
12. Section 36.2-652, Minimum parking, to remove minimum parking requirements and
rename the Section to Off-Site Parking;
13. Section 36.2-653, Maximum parking, to remove minimum parking requirements and to
make revisions to Table 652-2. Required Parking Spaces, to be renamed as Table 653-1.
Parking Calculation.
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 at
Itttp.: _201) ('m1unis,init and htgi pluu.g�uw6� ur__imLcmeutaliun or may be
obtained digitally by emailing plannin 'a roanukeca. u�_.
Tina M. Carr, Secretary, City Planning Commission
City Council will hold a public hearing on the aforesaid matters on November 15, 2021, at 7:00
p.m., or as soon thereafter as the matter 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 wishing to address City Council may sign-up online at�c�c%c.roauoko a.eo%,council.
In order to sign up, the form to speak before City Council may be accessed under the tab "Sign
Up Form to Speak Before Council" on the left of the screen. Sign up forms must be received by
12:00 noon on Monday,November 15, 2021. In the event the public hearing is conducted by
electronic communication means due to the COVID-19 pandemic disaster, you will be notified
by the City Clerk's Office. For further information, you may contact the Office of the City Clerk
at (540)853-2541.
Cecelia F. McCoy, CMC; City Clerk
The City of Roanoke Board of Zoning Appeals will hold a public hearing on November 10,
2021, at 1:00 p.m., or as soon thereafter as the matters may be heard, to consider the following
applications. All persons wishing to address the Board of Zoning Appeals must sign-up with the
Secretary to the Board of Zoning Appeals by emailing 7 Innnin�, (t oanoLct a. jo_or by calling
(540)853-1330 by noon, Wednesday, November 3, 2021. Written comments of interested
persons will be received by the Secretary to the Board of Zoning Appeals at
olvnninc;a manukr�-;i-goy by noon, Wednesday, November 3, 2021_ Citizens are advised that the
date on which citizens may register or make comment is a departure from the usual date.
Application by Alex Pearl for property located at 1002 2nd Street SW, bearing Official Tax Map
No. 1022301, for a special exception pursuant to Section 36.2-560(c), Zoning, Code of the City
of Roanoke(1979), as amended, to permit a short-term rental.
Tina M. Carr, Secretary, City Board of Zoning Appeals
Please publish in newspaper on Tuesday, October 26, 2021, and Tuesday, November 2,2021.
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 Municipnl Building
215 Church Avenue SW, Room 170
Roanoke, VA 24011
540/853-1730
t id carr J
Please send affidavit of publication to:
Cecelia F. McCoy, CMC, City Clerk
215 Church Avenue SW, Suite 456
Noel C. Taylor Municipal Building
Roanoke, Virginia 2401 I-1536
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
CECELIA F.MCCOT,CIVIC E-mail: clerk(amanokcva.gov CECELIA T.WEBB,CIVIC
City Clerk Depot,Cit, Clerk
November 23, 2021
The Honorable Sherman A. Holland The Honorable Evelyn W. Powers
Commissioner of the Revenue City Treasurer
Roanoke, Virginia Roanoke, Virginia
Dear Mr. Holland and Ms. Powers:
I am forwarding an attested copy of Ordinance No. 42206-111521 exempting from real
estate property taxation certain real property, located in the City of Roanoke owned by
Local Office on Aging, Inc., which has been properly executed by Local Office on Aging,
Inc., for purposes of assessment and collection of the service charges established by
the Ordinance.
Sincerely,
0ZUZZA,
Cecelia F. McCoy, CMC
City Clerk
Enclosure
PC: Ron Boyd, Chief Executive Officer, Local Office on Aging, Inc., 4932 Frontage
Road, N. W., Roanoke, Virginia 24019
Robert S. Cowell, Jr., City Manager
Timothy R. Spencer, City Attorney
Amelia C. Merchant, Director of Finance
Susan Lower, Director, Real Estate Valuation
Lesha Van Buren, Budget Analyst, Management and Budget
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; elerkQroanokeva.gov CECELIA T.81'BBB,CMC
CECELIA F.MCCOY,CMC Deputy City Clerk
Cit,Clerk
November 17, 2021
Ron Boyd, President and Chief Executive Officer
Local Office on Aging, Inc.
4932 Frontage Road, N. W.
Roanoke, Virginia 24019
Dear Mr. Boyd:
I am enclosing copy of Ordinance No. 42206-111521 exempting from real estate
property taxation certain real property, located in the City of Roanoke owned by Local
Office on Aging, 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 15, 2021, and is in full force and effect upon
its passage.
Sincerely, .-
Cecelia c CM
City Clerk
Enclosure
PC: Robert S. Cowell, Jr., City Manager
Timothy R. Spencer, City Attorney
Honorable Sherman A. Holland, Commissioner of the Revenue
Honorable Evelyn W. Powers, City Treasurer
Clarence Grier, Deputy City Manager
W. Brent Robertson, Assistant City Manager for Community Development
Amelia C. Merchant, Director of Finance
Lesha Van Buren, Budget Analyst
CS
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15"'day of November 2021.
No. 42206-11152 1.
AN ORDINANCE exempting from real estate property taxation certain real property, located in
the City of Roanoke owned by Local Office on Aging, 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 15, 2021;
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 4902 Frontage Road, N.W., Roanoke,
Virginia (Tax Map #!6490804), (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 1,2022,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 Ron Boyd, League of Older Americans.
5. Pursuant to Section 12 of the City Charter, the second reading of this Ordinance by title
is hereby dispensed with.
ATTEST: S -
City Clerk.
ACCEPTED, AGREED TO, AND EXECUTED by Ron Boyd, League of Older Americans, Inc., a
Virginia non-stock, non-profit corporation, this o23 day of 2021.
League of Older Americans, Inc.
By: 1 ) Nd
Name: l n i� • 1 /
o�
CITY COUNCIL AGENDA
REPORT
To: Honorable Mayor and Members of City Council
Meeting: November 15, 2021
Subject: Tax Exemption Request - Local Office on Aging, Inc. (LOA)
Property located at 4902 Frontage Road, NW
Parcel No. 6490804
Background:
Local Office on Aging, Inc. (LOA), a non-stock, non-profit corporation, has filed
a request for tax exemption of real property its owns located in the City of
Roanoke, at 4902 Frontage Road (Roanoke Official Tax Map No. 6490804) (the
"Property.") LOA uses the Property as its headquarters.
Since 1972, the LOA has provided a variety of community-based services to help
senior citizens 60 and older who reside in the 51" Planning District of Virginia to
remain as independent as possible for as long as passible. LOA provides Meals-
on-Wheels and diners clubs, volunteer opportunities and caregiver services.
LOA also helps seniors find assistance with personal care, emergency needs or
legal problems, with essential transportation as well as other services.
At present, annual real estate taxes due on the Property are $9,357 on total
assessed value of $767,000. The organization is current on the payment of its
real estate 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, the LOA has timely
provided the necessary information to the City required for applications for
exemptions that would take effect January 1 , 2022.
As noted above, the assessed value of the Property is currently $767,000 with
annual taxes due of $9,357. In lieu of the $9,357 in real estate taxes, LOA
would agree to pay to the City an annual service charge equal to twenty percent
of the tax levy on the parcel for as long as the exemption continues. In this
case, based on the current assessed value, the service charge amount would be
$1 ,871 . Consequently, the City would be foregoing $7,486 annually in real
estate revenue.
Commissioner of the Revenue, Sherman Holland, has determined that the LOA
is not exempt from paying taxes by classification or designation under the
Code of Virginia. The IRS recognizes it is a 501 (c)(3) tax-exempt organization.
A copy of LOA's petition is attached, which includes LOA's answers to the
questions City Council must consider in determining whether to grant LOA such
exemption. It should be noted that the Local Office on Aging, Inc. was formally
known as the League of Older Americans, Inc. On July 19, 2004, City Council
granted a real estate tax exemption to the League of Older Americans, Inc. on
property at owned at 706 Campbell Avenue SW. That property was sold in
October 2017, and the organization has since moved into its new quarters at
the Frontage Road location.
Notification of a public hearing to be held November 15, 2021 , was duly
advertised in The Roanoke Times as applicable by law.
Recommended Action:
After consideration of comments received at the public hearing, and
determining that granting the exemption requested is appropriate, adopt an
ordinance granting LOA's request exempting the Property from real property
taxes, pursuant to Article X, Section 6 (a) of the Constitution of Virginia,
Effective January 1 , 2022.
RobertVS
City Manager
Distribution: Council Appointed Officers
Honorable Sherman A. Holland, Commissioner of the Revenue
Honorable Evelyn W. Powers, City Treasurer
Clarence Grier, Deputy City Manager for Operations
William B. Robertson, Assistant City Manager for Community Development
Amelia C. Merchant, Director of Finance
Ron Boyd, League of Older Americans, Inc.
2
CeITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue,S.w.,Suite 456
Roanoke,Virginia 24011-1536
Telephone (540)853-2541
c
Fax: (540)853-1145
E-mail: derkC rmmokeva.go,
CECELIA F.NICCOV,CBIC CECELI4 T.N EBB,CMC
Cie,Clerk Depmy Cih Clerk
October 1, 2021
Robert S. Cowell, Jr.
City Manager
Roanoke, Virginia
Dear Mr. Cowell:
I am attaching copy of a petition from Local Office on Aging, Inc., (LOA), dated
September 29, 2021, which was filed in the City Clerk's Office on Wednesday,
September 29, 2021, requesting exemption from taxation of real property located at
4902 Frontage Road, N. W., Official Tax Map No. 6490804, to be used exclusively for
charitable and benevolent purposes, pursuant to Section 58.1-3651, Code of Virginia
(1950), as amended.
Petitions forwarded by the City Clerk to the City Manager by April 15 for evaluation and
recommendation to City Council will have an effective date of July 1st. Petitions
forwarded by October 15 will have an effective date of January 1 St.
Sin rel
Cece is T. Webb, CMC
Deputy City Clerk
Attachment
PC: Ron Boyd, President and Chief Executive Officer, Local Office on Aging, Inc.,
4932 Frontage Road, N. W., Roanoke, Virginia 24019
The Honorable Sherman A. Holland, Commissioner of the Revenue
Timothy R. Spencer, City Attorney
Susan S. Lower, Director, Real Estate Valuation
Lesha Van Buren, Budget Analyst
\\\U///
• • September 20, 2021
LOCAL OFFICE ON AGING City Clerk Office
Cecelia "Susie" F. McCoy
4932 Frontage Road, NW Noel C Taylor Municipal Building
PO Box 14205 215 Church Avenue SW
Roanoke, VA 24038-4205 Room 456
(540) 345-0451 Roanoke, Virginia 24011
Fax (540) 981-1487
www.loaa.org Dear Ms. McCoy:
Sarving Virginia's 51^ Please find enclosed a Petition for Exemption from Taxation.
Planning District
On behalf of the Local Office on Aging(LOA), I would like to request an exemption from
Real Estate Taxes for our recently acquired property located at 4902 Frontage Road
Meals on Wheels NW, Roanoke, Virginia 24019. This property is located adjacent to our current LOA
Diners Clubs Central Office located at 4932 Frontage Road NW, Roanoke, Virginia 24019.
Care Coordination This facility will be the LOA Center for Health &Wellness. We plan to relocate our
Options Counseling
Vitas Services Transportation Nutrition Staff to this facility as well as conduct a Meals on Wheels Office and
Assisted Transportation congregate dining club. We also anticipate expanding services to allow Seniors to "Age
Care Transitions in Place".
Nutrition Counseling
Long Term Care Ombudsman
Homemaker I have been in contact with Lesha Vanburen who instructed me thatthese documents
Personal Care need to be delivered to you. Please advise if there is anything else that you need.
Health Insurance Counseling
Chronic Disease Self- Sincerely,
Management
Emergency Services I ).
Cooling Assistance
Legal Assistance
Matter of Balance Ron Boyd
Adult Day Care president and CEO
Long Term Care Coordination
Caregiver Assistance Local Office on Aging, Inc.
Information and Referral
Volunteer Opportunities
Speaker's Bureau
Soup for Seniors
Senior Medicare Patrol
Pets Eat Too
Senior Food Boxes
.............
"Helping Older Persons Remain Independent for as Long as Possible"
a vwwiwar
014s'
.?4! Cities of Roanoke,Salem&Covington • Counties of Roanoke,Alleghany, Botetourt&Craig
EQUAL OPPORTUMTY/EMPLOYER
VIRGINIA:
IN THE COUNCIL OF THE CITY OF ROANOKE
RE: PETITION FOR EXEMPTION FROM TAXATION OF CERTAIN
PROPERTY PURSUANT TO ARTICLE X, SECTION 6(a)(6)OF THE
CONSTITUTION OF VIRGINIA
TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF
ROANOKE:
Ia. Your Petitioner, Local Office on Aging Inc.
a Virginia,non-stock,not for profit corporation owns certain real property,
located at 4902 Frontage Road NW_ in the City of Roanoke, Virginia,
which property is City of Roanoke Tax Map ID#6490804_ ,with a total
assessed value of$767000 and a total of96$ 70.60 in real
property taxes that were paid or would have been paid in the most recent year,
desires to be an organization designated pursuant to the provisions of Sec.
58.1 -3651,of the Code of Virginia,as amended, in order that the referenced
real property,to be used exclusively for charitable and benevolent purposes in
Local Office on Aging Inc DBA LOA Area Agency on Aging Inc.
formerly known as League of Older Americans, Inc established in 1976.
Headquarters provides direct services(See attachment A: Directory of
Services Serves as Designated Area Agency on Aging for the 5'" Planning
District.
(Describe proposed use of real property,If applicable.)be exempt from taxation
under the provisions of Article X, Section 6(a)(6)of the Constitution of
Virginia so long as your Petitioner is operated not for profit and the property
so exempted is used in accordance with the purpose for which the Petitioner is
classified.
(if requesting exemption for personal property,complete section Lb)
I b.Your Petitioner,NIA
a Virginia,non-stock, not for profit corporation owns certain personal
property, located at in the City of Roanoke,
Virginia,with a total assessed value of$ and a total of
$ in personal property taxes that were paid or would have been
paid in the most recent year, desires to be an organization designated pursuant
to the provisions of Sec. 58.1-3651,of the Code of Virginia, as amended, in
order that the referenced personal property,to be used exclusively for
charitable and benevolent purposes in
(Describe proposed use ofpersonal property,if applicable.)
I
be exempt from taxation under the provisions of Article X, Section 6(a)(6)of
the Constitution of Virginia so long as your Petitioner is operated not for
profit and the property so exempted is used in accordance with the purpose
for which the Petitioner is classified.
2. Your Petitioner agrees to pay to the City of Roanoke,an annual service charge in
an amount equal to twenty percent(20%)of the City of Roanoke tax levy,which
would be applicable to this real estate, were our organization not be tax exempt,
for as long as this exemption continues.
3. Your petitioner acknowledges and agrees that it will immediately notify both the
City of Roanoke Commissioner of the Revenue and the City of Roanoke Treasurer
in writing in each instance when the property,or any portion thereof, is being
leased to a third party and provide the City with a copy of the fully executed lease.
Your petitioner agrees to include a provision in all leases of the property that such
third parties shall be responsible for paying the City applicable leasehold taxes
that may be assessed by the City. Petitioner acknowledges that if the foregoing
conditions are not met,the City reserves the right to terminate the tax exempt
status of the properly.
4. Your Petitioner,if located within a service district,agrees to pay to the City of
Roanoke an annual service charge equal to the additional service district tax that
would be levied for as long as this exemption continues.
5. Your Petitioner agrees to provide information to the Director of Real Estate
Valuation upon request to allow a triennial review of the tax exempt status of your
Petitioner.
The following questions are submitted for consideration:
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 1954 on February 24 1975 (See Attachment B 50103
Letter. Attachment C SCC Document
2. (Q): Whether a current alcoholic beverage license for
serving alcoholic beverages has been issued by the Alcohol
Beverage Control Board to such organization for use on such
property.
(A): No ABC License.
3. (Q): Whether any director,officer or employee of the
organization has been paid compensation in excess of a
2
reasonable allowance for salaries or other compensation for
personal services which such director,officer or employee
actually renders.
(A): No director officer or employee of the organization has
been paid compensation in excess of a reasonable allowance for
salaries or personal services which director or officer actually
renders.
4. (Q): Whether any part of the net earnings of such
organization inures to the benefit of any individual,and
whether any significant portion of the service provided by
such organization is generated by funds received from
donations,contributions or, local, state or federal grants.
As used in this subsection,donations shall include the
providing of personal services or the contribution of in-kind or
other material services.
(A): No net earnings inures to the benefit of individuals. No
significant portion of services Provided is generated by funds
received from donations contributions or.local state or federal
grants.
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 The Local Office on Aging.
Inc is the designated Area Agency on Aging for the 5'
Planning_District administering over 30 services to senior
citizens The Mission Statement of LOA: "Helping Older
Persons Remain Independent for as Long as Possible" (See
Attachment A for List of Services Provided.
(Describe the public service)
6. (Q): Whether a substantial part of the activities of the
organization involves carrying on propaganda,or otherwise
attempting to influence legislation and whether the
organization participates in,or intervenes in, any political
campaign on behalf of any candidate for public office.
(A): LOA is a nonpartisan agency and emplovees are
prohibited from: Use work time or LOA resources to
3
accomplish goals that are politically motivated.
Solicit or encourage monetary contributions or other
support for a political party, campaign,candidate,or political
belief during work hours.
Use LOA facilities,such as break or eating areas, conference
rooms, or offices for any political or campaign activity.
Utilize LOA's property or LOA-issued property,including
but not limited to,telephones(both cellular and desk phones),
computers, facsimile machines,email systems, interoffice mail or
voicemail,photocopiers, postage,paper,envelopes, or other office
supplies,for any political or campaign activity.
Use LOA's name or affiliation in connection with any
political or campaign activity, at any time
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
9.
I% Any other criteria,facts and circumstances,which
the governing body deems pertinent to the adoption of such
ordinance.
(A)
(Provide as necessary).
Note: All tax exemption petitions submitted for consideration by
City Council must be filed with the City Clerk's Office.
THEREFORE,your Petitioner,Local Office on Aging, Inc,
respectfully requests to the Council of the City 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 Local Office on
Aging, Inc DBA LOA Area Aeency on Arg Inc formerly
known as League of Older Americans. Inc established in
1972 Headquarters[provides direct services(See attachment
ADirectory of Services Serves as Designated Area Aeency
on Aging for the 5'h Planning District
4
Attachments:
Attachment A-LOA Services Directory
Attachment B-50IC3 Letter,SCC Certificate
Attachment C-Department of Agriculture and Consumer Services
Request for Exemption League of Older Americans
Attachment D-Charles Schwab Record of Local Office on Aging,Inc.
Attachment E-Documentation of Name change from League of Older
Americans,Inc.to Local Office on Aging,Inc.
Attachment F-Tax Exemption Certificate
Attachment G-2019 990 Tax Return
Respectfully submitting this
29th day of September`2021
J
By:
President&CEO
5
• • September 20,2021
LOCAL OFFICE ON AGING Sharman Holland
Noel C Taylor Municipal Building
4932 Frontage Road,NW 215 Church Avenue SW
PO Box 14205 Room 251
Roanoke,VA 24038,1205 Roanoke.Virginia 24011
(540)345-0451
Fax(540)981-1487 Dear Mr.Holland:
www.baa.org
On l Esta Cf the Local our
recently
on Aginguireil l would Oke to request an exemption from
sem�g Vawna4 s^ Real Estate Teres for our recently acquired property ionated e t to o Frontage flood
MandngowR� NW,Roanoke.Virginia t4932 This property Is located
Roaadjacentroourcurrent LOA
Central Office located at 4932 Frontage Road NW,Roanoke,Virginia 24019.
Meals on Wheels This facility will be Me LOA Center for Health&Wellness. We plan to relocate our
Diners Clubs Nutrition Staff to this feclllty as well as conduct a Meals on Wheels Office and
Care Coordination congregate dining club. We also anticipate expanding services to allow Seniors to-Age
Options Counseling in Place'.
Vital Services Transportation
Assisted Transportation Please advise how W proceed.
Care Transition
NuMbon Counseling Sincerely.
Lor,Term Care Ombudsman
Homemaker I )
Personal Care
Health Insurance Counseling
Chronic Disease Self- Ron Boyd
Management President and CEO
Emergency San.
meocLocal Office on Aging,Inc.
Legal Assistance
Matter ofa Adulta.
DayY Care
Long
Term Cane Coordination
Cisec,iYer Assets.
Information and Referral
Swaeer Opportunities
Speakers Bureau
Soup for Seniors
Senior Medicare Patrol
Pets Eat
Too
Senior FOW 80%e5
-Helping Older Persons Remain Independent for as Lang as Possible"
1.d am r Swan a Cavil • Cantles d PmMe,NIryNM,adeGun&Gag
^^• P,uI nPWR7.1WYI a RDYEa
COMMISSIONER OF THE REVENUE
CITY OF ROANOKE
SNERMAN A.HOLLAND
QO . R1MM6510NER
GRErAAY SEMEN
CmEI EPOTY
September 21,2021
Mr.Ron Boyd,president and CEO
Local Office on Aging,Inc.
4932 Frontage Road,NW
PO Box 14205
Roanoke,VA 240384205
Re: Exemption of property located M 4902 Frontage Road,NW
Parcel No.6490804
Dear M,Boyd,
1 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 tales for the 2021-22 tm 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
queations 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 —'29A�tt
Commissionarofthe Revenue i, Mgrs z
G 4
SAH/jec
i rc� ✓a. ES'o.
Cc: City Clark's Office
Dept.of Finance's Management and Budget Division
215CumbA. ue SW.Rmm251*Remake.Virginia2imI
PaevI5101BA3R11 Gu 1]441 BS}III] Inxx:mmwbra,'.mm
Attachment A
Service Directory
is
LOCAL OFFICE ON AGING
LOA SERVICES WITH ELIGIBILITY:
LOA provides the following services for seniors 60 and older who reside in the Fifth Planning
District of Virginia(Roanoke County, Roanoke City, Botetourt County,Craig County,Alleghany
County, Salem, and Covington)unless otherwise noted:
HEALTH &WELLNESS (AGING IN PLACE)
• VICAP- Answers to questions about Medicare,Medicaid, Medigap, Medicare
Advantage,Medicare Part D& long-term care insurance. Assistance figuring out
medical bills.
• Senior Medicare Patrol - Provides presentations to groups on scams, identity theft and
preventing Medicare and Medicaid fraud and abuse. Also, counsels seniors on scam and fraud
issues and helps to report Medicare and Medicaid fraud and abuse.
• Care Coordination - Evaluates cases to determine which services are needed and links people
with those services. Provides outreach (finding people who need the services and making the
public aware of the services)and, screening,assessment,care planning, service delivery
coordination,monitoring and reassessment.
• Options Counseling—A Case Manager meets with clients and discusses information and
options for various services, and the client arranges their own services. Options Counseling is
available to individuals ages 60 and over, and individuals ages 18 and over with a disability.
• Diners Clubs(Congregate Meals) -Persons with economic or social needs meet at supervised
sites for lunch, activities, and programs.
Eligibility criteria in addition to being 60 years of ase or older include:
• Individuals must be mobile, not homebound, and physically, mentally, and medically able
to attend a congregate meals program
Other eligible individuals including the following:
• The recipient's spouse, regardless of age or disability
• Individuals with disabilities who are not older individuals but who reside in housing
facilities occupied primarily by older individuals at which congregate nutrition services are
provided
• At the discretion of the AAA, individuals with disabilities, regardless of age,who reside at
home with and accompany older eligible individuals to the congregate site.
• At the discretion of the AAA, individuals, regardless of age, providing volunteer services
during the meal hours
• Matter of Balance—Program offers workshops for managing falls and increasing activity
levels. Anyone who is concerned about falls, interested in improving balance, flexibility,
strength,or has fallen in the past, or has restricted activities because of falling concerns, age
60 or older would benefit from the program. This program emphasizes practical strategies to
manage falls.
• Walk with Ease(W WE)—A self-directed program that combines self-paced walks with
information about health-related topics. W WE group sessions meet three times per week for 6
weeks. Trained group exercise leaders begin each session with a pre-walk discussion covering
a specified topic related to exercise and arthritis, followed by a 10-to 40-minute walk that
includes a warm-up and a cool-down.
• Bingocize®-Bingocize®is a 10-week, evidence-based health program approved through both
SNAP-Ed and The National Council on Aging(NCOA). The Local Office on Aging is
delivering the falls prevention curriculum of Bingocize®. It combines exercise and health
information with the familiar game of bingo,which has shown to be a great, fun way to get
seniors moving and socializing. It's meant to be played twice a week on nonconsecutive days,
and each session usually lasts 45-60 minutes. Bingocize®can be implemented remotely or in a
traditional face-to-face setting.
• Age Friendly Community - LOA facilitates the AARP Age-Friendly Community Initiative
comprised of a collaboration of community partners focused on the 2018 Age Friendly
Roanoke Survey Assessment and developing a three-year comprehensive plan.
• Long Term Care-Coordinates community and institutional based services and advocates
services for long-term care.No real eligibility requirements.
• Care Transitions- Care transitions involve a health coach working with clients who are
discharged from hospital to help them locate services to return to their home in the
community. Care transitions helps the client keep doctors' appointments and understand how
to take medications as needed to help prevent readmissions to the hospital.
II ` NUTRITION
.�./1 Meals-on-Wheels-Volunteers deliver hot meals to homebound elderly.
V3
Eli ibility criteria in addition to being 60 years of age or older include.
• The individual must be homebound,defined as: Someone unable to leave
home to attend regular social activities such as a senior center or congregate nutrition
site.The recipient may be able to go to medical appointments but needs escort
assistance to do so safely.A client without access to adequate nutrition and for whom
transportation to a congregate site is unfeasible may be considered homebound.
• The individual must be unable to prepare meals and have no one available to prepare
meals.
• The individual must be able to remain safely at home, with home delivered nutrition as
a support service.
Other individuals eligible to receive home delivered nutrition services. include:
• The recipient's spouse,regardless of age or disability
• At the discretion of the AAA, an individual with disabilities, regardless of age, who
resides at home with the recipient over age 60 who receives a home delivered meal.
• Pets Eat Too-Pet food is donated by the RVSPCA for the pets of our Meals-on-Wheels
clients and is delivered on a weekly basis by the volunteers.
• Nutrition Education-Anyone that is eligible for LOA's Meals-on-Wheeis or Congregate
Meals (Diner's club)programs will also be eligible for Nutrition Education and will
automatically be provided with materials and/or presentations. The intent will be to
support food, nutrition and physical activity choices and behaviors in order to maintain or
improve health.
• Nutrition Counseling- Registered Dietician will do nutrition counseling if a client meets
all the following:
• Client is a Meals-on-wheels or Diner's Club client
• Client scored I I or higher on Determine your Nutritional Health Screening Checklist
• Client answered YES to the question 49, "Without wanting to, I have lost or gained
10lbs in the last 6 months" on the Determine Your Health Screening Checklist.
• Senior Food Boxes—In partnership with the Southwest Virginia Foodbank,a monthly
food box delivery will be made to qualifying seniors. Must be 60 years of age or older and
reside in Roanoke Botetourt, Alleghany or Craig with income below 130%of the Federal
Poverty Level.
• Soup for Seniors—A canned food drive held annually in February. All LOA clients,
elderly living in low-income independent living and other seniors throughout the Roanoke
Valley receive the loaded bag of soup to help get them through the harsh winter months.
LEGAL AT.ANCf:
• Legalal Assistance—Legal advice and assistance with the preparation of
Powers of Attorney, Advance Medical Directives, and simple wills. To
qualify a person must have income no higher than 150%of the Federal
Poverty Level.
• Long Term Care Ombudsman -Investigates complaints and provides advocacy for
residents of any age who reside in long-term care facilities or who are receiving licensed
home health care services. Responds to inquiries about long-term care services in nursing
homes, assisted living facilities and licensed home health care services.
• Elder Justice Alliance-a community-based team of organizations and individuals
committed to using education,collaboration,and coordination of community resources and
services to address abuse, neglect,and financial exploitation of those age 60 or older.
t `�-; • Vital Services Transportation - provides rides to vital services such as
_ doctor appointments, pharmacy, grocery shopping,etc. To qualify a person
y must be unable to drive a car,not own a vehicle, or live individuals in the
household who have a vehicle. Income must not be higher than 150%of the Federal
Poverty Level.
• Assisted Transportation -Provided to seniors 60 and older who need to be accompanied
by someone to medical appointments. A CNA will assist the person to the vehicle, drive
them to the appointment and drive them home. The CNA will see that the person gets back
into his/her home safely. Must be unable to go to medical appointments alone.
• Emergency Services—Provides,through donations from the public,eyeglasses, canes,
walkers,wheelchairs, adult diapers, and other items.
• Fan Care and Cooling Assistance—Placement of fans in homes of elderly who have a
need for assistance. Air conditioners are given to those with no working air conditioner in
the home and whose income is below 150%of the Federal Poverty Level. This program is
funded by donations from the public and recipients must meet income requirements and
own their own home.
• Benefits Enrollment Center—Assist low-income Medicare eligible seniors and persons
receiving Social Security Disability identify and apply for benefit programs, such as, but
not limited to Senior Food Box, Medicare D, SNAP, etc.
• Emergency Food Pantry—LOA clients can receive one (1) emergency food bag per
month. (Each emergency bag contains 5 shelf stable meal equivalents)
CAREGIVER RESOURCES
• Homemaker—Provides,through outside contractors, in-home
homemaker services including household tasks like sweeping,mopping,
dusting, and other cleaning chores.Must be 60 or older and must need
assistance with IADLS (instrumental activities of daily living). Provided
through subcontractor.
• Personal Care-Provides,through outside contractors, in-home personal care including
bathing,dressing,toileting, and ambulation. Must be 60 or older and must need assistance
with ADLS (Activities of Daily Living.) Provided through subcontractor.
• Adult Day Care- Through outside contract, provides daytime respite care for elderly with
limited means. Must be 60 or older and require supervision in a structured setting.
Provided through subcontractor.
• Dementia Friend Champions-A Dementia Friends Champion facilitates a one-hour
Dementia Friends session with community members.The goal of the Dementia Friends
Session is to help community members understand dementia and the small things they can
do to make a difference for people living with dementia.
• Information & Referral - A service for individuals& caregivers that provides the
individuals with current information on resources and services available to them in the
community.An arrangement of services can be provided. No real eligibility requirements
50 Y
LOA MISSION STATEMENT:
�G7 The LOA serves seniors 60 and older in the Roanoke
LOA ",
/� N Valley and Alleghany Highlands with a mission of
VHhelping older persons remain independent for as long
�< as possible.
A
LOA FUNDING SOURCES:
u0!SSv� In addition to receiving funds through the
Older Americans Act, funding is received from the
State General Assembly, local government contributions,United Way of Roanoke Valley,the
Greater Alleghany Fund, foundation grants and donations.
CONTACT INFORMATION:
Central Mailing Address: PO Box 14205
Roanoke,VA 24038
Central Street Address: 4932 Frontage Road NW
Roanoke, VA 24019
Phone: 540-345-0451 or 1-888-35LOAAA
Fax: 540-981-1487
Email: infonloaa.ora
Web: www.loaa.org
Attachment B
501 C3 Letter
SCC Certificate
nuu,ca..u.,cp,.w +„wVn,ua n+m, uui u,uui c, ,nw ucua
-U Doparr`i?r�@Go4 OO O 4W@ l`7PO��N1P�
FF? ".9 1975
h DB�47B64 961?6c34cUP
Internal Revenue Service
on.: I m,.o., .....mCase 901474
Bobxuary- Tolap$ 3:B. Hacke962-4 69
-Telephones (301) 962-4769
o League of Older Americans, Inc.
401 Hest Campball Avenue
Roanoke, Virginia 24016
Based on information supplied, and assuming your operations will
be as stated in your application for recognition of exemption, we
have determined you are exempt from Federal income tax under. section
501(c) (3) of.the Internal Revenue Code.
We have further determined you are not a private foundation within
the meaning of section 509(a) of the Code, because you are an
organization described in section Srno7�`-a �_n l and 170(b)(1)(A)(vi).
You are not liable for social security (FICA) taxes unless you `
file a waiver of exemption certificate as provided in the Federal
Insurance Contributions Act. You are not liable for the taxes imposed
under the Federal Unemployment Tax Act (FUTA) .
Since you are not a private foundation, you are not subject to
the excise taxes under Chapter 42 of the Code. However, you are not
automatically exempt from other Federal excise taxes. If you have any
questions about excise, employment, or other Federal taxes, please
let us know.
Donors may deduct contributions to you as provided in section
170 of the Code. Bequests, legacies, devises, transfers, or gifts to
you or for your use are deductible for Federal estate and gift tax
purposes if they meet the applicable provisions of sections 2055,
2106, and 2522 of the Code.
If your purposes, character, or method of operation is changed,
please let us know so we can consider the effect of the change on
your exempt status. Also, you should inform us of all changes in your
name or address.
m..e Form 1-178 (Rev.8-73)
If your gross receipts each year are normally more than $5,000,
you are required to file Form 990, Return of Organization Exempt ,
From Income Tax, by the 15th day of the fifth month after the end
of your annual accounting period. The law imposes a penalty of $30
a day, up to a maximum of $5,000, for failure to file a return on time.
You are not required to file Federal income tax returns unless
you are subject to the tax on unrelated business income under section
511 of the Code. If you are subject to this tax, you must file an income
tax return on Form 990-T. In this letter we are not determining whether
any of your present or proposed activities are unrelated trade or
business as defined in section 513 of the Code.
You need an employer identification number even if you have no
employees. If an employer Identification number was not entered on
your application, a number will be assigned to you and you will be
advised of it. Please use that number on all returns you file and in
all correspondence with the Internal Revenue Service.
Please keep this determination letter in your permanent records.
The effective date of this determination is November 11, 1974.
Sincerely yours,
Gerald 11. Portney
District Director
-
Form L-176 (Rev.6-73)
a
�tttfs (1�urpnrttfiuxc (Qam�tcisstnn
CERTIFICATE OF GOOD STANDING
1 Cert the Following from the Records of the Commission:
That Local Office on Aging, Inc. is duly incorporated under the law of the
Commonwealth of Virginia;
That the corporation was incorporated on April 25, 1972;
That the corporation's period of duration is perpetual; and
That the corporation is in existence and in good standing in the Commonwealth of
Virginia as of the date set forth below.
Nothing more is hereby cert feed.
Signed and Sealed at Richmond on this Date:
SON c
INFO MaY 13, 2021
7903 Bernar J.Logan, Gerk of the Commission
CERTIFICATE NUMBER: 2021051315868209
Attachment C
Department of Agriculture and
Consumer Services Request
for Exemption
League of Older Americans
S MaSQ'GAaA4f.H COMMONWEALTH of VIRGINIA a�p E U6"Meae
roEMIYp,E11
DEPARTMENT OFAGRICULTURE AND CONSUMER SERVICES
Office of Consumer Affairs
Y. U. Mnv 116 i,Rlrluaond. Virgin..23200
1,1011736 2012
AUGUST 25, 1986
Mr. Bruce Bloodworth, president
League of Older Americans, Inc.
706 Campbell Avenue
Post Office Box 14205
Roanoke, VA 2403e
Dear Mr. Bloodworth:
This will confirm receipt of your completed Form 100-43, Request
for Exemption under Section 57-60 (a) (7), "civic Organization", and your
filing fee in the amount of ten dollars ($10.00) .
After reviewing completed Form 100-G, your organisation hasbeen
found to be exempt from the registration requirements of Section 57-49
�aiid"the rsquiremehts of Section 57-53 of the Virginia Solicitation of
contributions statute but shall otherwise be subject to the provisionstof.
the 'Yaw.
This exemption shall remain in effect until such time as your
filing status may change. In the event Form 100-G is no longer applicable,
please contact this office immediately so that we may assist you in
xnediting your compliance with the Law. -•
The issuance of this exemption does not constitute an endorsement
by the Commonwealth of Virginia or by anv of its departments, offices or
employees of the purpose or person conducting this solicitation nor does
exemption from the State registration process relieve you of the responsi-
bility of complying with local licensing procedures.
If this office can be of further assistance, please do net hesitate
to contact us at (904) 766-1343.
�f,JSincerely lNC�
// Michael g
Coordinator
Office of Consumer Affairs
JMw:mlc
Attachment D
Charles Schwab Record of
Local Office on Aging
DocuSign Envelope ID:5989EO68{432i992-8DA8-12DFC3B7D7E4
Change of Address Form
0 Page 1 of 2
Investment Advisor("IA")Information(This portion to be completed by IA.)
WILBANKS SMITH 8 THOMAS ASSET
IA Firm Name(Please print):
IA Master Account Number: 08537400 Service Team: PWG4
•For Trust Accounts,the address for Trust must match the address of one of the trustees.
•For changes requiring a c/o address for a third party,please use the Third-Party Representative Address Authorization Farm.
•If you are changing U.S.address to an International address,please canted your service team;additional documentation may be required.
Type of Change(Please select all that apply.):
X�Account Holder Address(Complete Sections 1 and 4.) n Duplicate Mallings for interested Parties(Complete Sections 3 and 4.)
V Organization/Pension Plan Address(Complete Sections 2 and 4.) 0Order new address impri dozed on Schwab Cora checks.
This change should take effect: 0immediately 0 Effective Date:
1. Account Holder Information
Account Holder/Trustee/Autharized Agent/Cuslodlan/Executor.Please change my address on the following Schwab account(s):
Would you like to update the account address for any closed account(S)on which you are an account holder?(In some instances,statements,tax
documents,etc.,can still be generated on a closed account.)0Yes 0 No
Would you like to change the account address for accounts on which you are not the primary account holder?v Yes C No
First Name Middle Last
Home/Legal pod Andress Pub bones am not allowed.) 01\y State/Country 2iP/Pos\al CoeO
Meiling Address(If different from above P.O.some may be use0) City 5\a\e/country Zip/Postal Cade
Home Telephone Number Business rHephone Number cellular Telephone Number
Additional Account Holder/Co-Trustee/Ruth mized Agent/Mlnar/Co-Executor/Participant.Please change my address on the following Schwab account(s):
Would you like to Cedars the account address for any closed sccountud on which you are an account holder?(In some instances,statements,tax
documents,etc.,can still be generated on a closed account)0 Yes 0 No
Would you like to change the account address for accounts on which you a re not the primary account holder?0Yes C'No
Flat Name Middle Last
Mome/Legal Street Address(P.O.noes am nM small Cry State/Coumry 21p/Postal Code
Mallmi,Address(if dllfemnt from above',P.O,boxes maybe used.) City 3mte/Oountry Zip/Postal Code
Home Telephone Number Bvsmess relepnons rvvmber cellular Telephone Namner
14 Char meIesscnwasaco IM C,fsmwaV). VIII IIIIIII IIIIIIII III 111111111111111111111111111111111111111111
Pll rgste reserved.member slPC.
CS22132-01(0114.278) APP1223i09(06/14) A P P 1 2 2 3 7 — O 9 O 'I
Cact ign Envelope ID:5889EOfiS-64324992-8DA812DFC21BTDi
Page 2 of 2
1. Account Holder Information(Continued)
If you are receiving dlstdbutions from your retirement account,Schwab will apply state income tax withholding based on your legal address.If you move
between states with differing state income tax laws.Schwab will apply slate Income lax withholding(as required)from your subsequent distributions
based upon income tax withholding requirements for your new state of residence.Please contact your Investment Advisor for a copy of the State Income
Tax Withholding Information sheet for specific information concerning your state's income tax withholding laws.
2.Organlmtlon/Panafon Plan Account IMormatlon
Please change the address on the following Organization/Pension Plan account(s):
3924-8256
Would you like to update the account address for any closed aceounten Owned by the Organization/Pension Plan?(In some instances,statements,
tax documents,etc.,can still be generated on a closed account.)O Yes (3 No
Local Office on Aging Inc. 54-0916248
Orgamem on/Peneion Plan Name Tax ID Number
4932 Frontage Road NW Roanoke VA 24019
Orgmlzatlan/Pension Plan street Mbmas mo.boxes are not mitt a) Olt, 3tale/Country 2i0/Postal Ci
P.O.Box 14205 Roanoke VA 24038
Organa[ion/Pension Plan Mailing andiess pt oi(ferent farm above. city Stets/Country Z,/P......a.
(540)345-0451
Business Telephone Number
3.Duplicate Mailings for Interested Parties(Please select all that apply.)
L Duplicate Statements O Duplicate Trade Confirmations
Please add duplicate mailings for Interested parties to the following Schwab accoundst
First Name Middle Last
Nome/Legal street Address City 3Wle/Country ZIP/Postal Coda
First Name Middle Last
Home/Legal&rest Address City state/country Zip/Postal code
4. Authorbod Signatures
All Schwab account holders hated In Section 1 must sign and date.
NO of only one Authorized Agent of an OrganlZation is required to update the address in Section 2.
' (�KS4N I�QKD Carson Ward 9rz6no21 15:47:54 EDT
Date
si¢neti°1un?�$. o "r/Tmmee/Amhorneb egem Pdm Name (mm/dd/vmt
Data
signature.Md,Yonel Asuount Holder/CoTrustee/Authorized Agent that Name Imm/rid/weer)
Data
B."Urs,Addressed Amount Hacer/Coirustee/AUMOrIrtd Asset Pred Name Imm/dd/year)
Date
signmurm Mderard Ac count Hmdegcoleame/Aummmed 4.11 Print Name Imm/amerhal
' Date
sigrawre:IWxmmem prose, Hurt Name Imm/dd/yyry)
'Investment Advisor may sign if the request is to update duplicate mailings In Section 3 or if the account holder has granted a Standing Letter of
Authorization(SLOA)for a specific address change.
0201A chanes senwab a Co. me I'3ebwabm. VIII III IIII VIII III III II III IIII I III VIII I II
All ngMs eseerved. Membra SIPO.
CS22132-01 ni 4278) APP12239.09(06/14) wA P P 1 2 2 3 ] — O 9 O 2
0O119962
Docuftrr
Certificate Of Completion
Envelope Id:W89E068643249928DA812DFC3B7D7E4 Status:Completed
Subject:eSignature Envelope""141229-Signature Required
Source Envelope:
Document Pages:2 Signatures: 1 Envelope Onginatoc
Certificate Pages:8 Initials'.0 Ashley Kirtland WILBANKS SMITH 8 THOMAS
ASSET
AutoNav Enabled 211 Mein Steel
Envebpeld Stamping:Enabled San Francisco,CA 94105
Time Zone:(UTC-05'00)Eastern Time(US 8 Canada) ashley.kiddand_wstam.com docusign20210322091
2233776®schwab.com
IP Address'. 162.93 77.137
Record Tracking
Status:Ononal Holder:Ashley Kirkland WILSANKS SMITH& Location:DocuSign
9/2820213'.35:00 PM THOMAS ASSET
ashley orkland_wstam.conndocusign20210
3220912233776Qschwab con,
Signer Events Signature Timestamp
CARSON WARD �°e�""'^" ,,n Sent:9128/20213:4545 PM
Wrsonwaid0oaa.org (AKSM woo Viewed:912W20213:4701 PM
Security Level: E.cxEw. — Signed:9282021347:54 PM
SchwabAlliance.com.Email
ID:3d42a558,b c7494e-8@0-ida7c1e3a6f9 Signature Adoption:Pre-selected Style
912812021 3:46:32 PM Using IP Address'.174.68.208.74
Electronic Record and Signature Disclosure:
Accepted:9128120213 47 01 PM
10:7dce19e6-880d4131-9422-4cdba5b66cab
Company Name:WILBANKS SMITH 8 THOMAS ASSET
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certs led Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Tlmestemps
Envelope Sent HashedlEncrypted 92012021 3'.45:45 PM
Codified Delivered! Security Cracked 92812021 3:47:01 PM
Signing Complete Security Checked 9/282021 3 47'.54 PM
Completed Security Checked 9!282021 3:47:54 PM
Payment Events Status Tlmestamps
Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on:6191202010,18:27 AM
Parties agreed to:CARSON WARD
INFORMED CONSENT
INFORMED CONSENT AND AGREEMENT TO USE ELECTRONIC DOCUMENTS
AND SIGNATURES
("Consent and Agreement")
Please carefully review this Informed Consent and Agreement to Use Electronic
Documents and Signatures.If you consent and agree to electronically receive, review and
sign the documents in the envelope subject to the terms below,check the"I agree to use
Electronic Records and Signatures" box and then click the"Review Document" button
below.
Why We Are Asking for Your Consent
We must ask for and obtain your consent before using electronic documents and signatures in its
relationship with you.This is for documents such as investment advisory agreements with us and
account agreements and related documents with the Custodian, as described in more detail
below. We and the Custodian are each required by law to give you certain information "in
writing"—which means you are entitled to receive and review paper documents and, if your
signature is required,to sign the paper documents by hand. In order to use an electronic process
instead of paper,we and the Custodian need your consent.
Your Consent and Agreement and What it Means
Your Consent is optional. It is solely up to you whether or not to do so. If you want to use
electronic documents and signatures,then you must consent and agree to the terms and
conditions relating to the system and process that we and the Custodian will use,as set forth
below. You will be asked for your consent each time we send you an envelope of electronic
documents.
By checking the "I agree to use Electronic Records and Signatures" box and then clicking the
"Review Documents"button below, you will be giving your informed consent and agreement to
use the electronic documents and signature system and process described below to electronically
receive,review,and electronically sign paperless documents sent to you in electronic envelopes.
You will be agreeing to be bound by any documents you electronically sign the same as if you
had received a paper copy of the document and signed it by hand with an ink pen. If you do not
agree to the terms of this Consent and Agreement, do not check the"I agree..."box.Note that
even if you agree now, in the future after receiving an electronic document, you will be able to
choose whether or not to electronically sign that document or ask for a paper version to sign.
You may also withdraw your consent as described below.
To Whom You are Giving Your Consent
This Consent and Agreement is between you and either(a)the independent investment advisory
firm whose investment advisory agreement or other Advisor Form (as defined below) is
presented for your electronic signature("Investment Advisor")or(b) or the broker-
dealer/custodian whose account application or other Custodian Form(as defined below) is
presented for your electronic signature (the"Custodian,"depending on whether the documents
presented to you are Advisor Forms or Custodian Forms,as defined below. We are independent
of and not owned, affiliated with or supervised by the Custodian. If the electronic document
presented is an Advisor Form,then this Consent and Agreement is between you and us. If the
electronic document presented is a Custodian Form,then this Consent and Agreement is between
you and the Custodian. For ease of reference,the terms"Counterparty," "we"and"us"as used
in this Consent and Agreement refer to either Investment Advisor or the Custodian, as
applicable, based on whether the electronic document presented is an Advisor Form or a
Custodian Form, as defined below.
What Documents You will Receive Electronically
By agreeing to this Consent and Agreement you will receive, review and sign electronically the
electronic documents presented in the envelope. These electronic documents may include,but
are not limited to:
• Investment Advisor's documents, such as, but not limited to, Investment Advisor's
investment advisory or similar agreement, and Investment Advisor's Form ADV or other
disclosure brochure("Advisor Forms").
• Custodian documents, such as, but not limited to, the account application agreement and
other documents and forms relating to your account with the Custodian ("Custodian
Forms").
We may always, in our sole discretion,provide you with any document on paper, even if you
have authorized electronic delivery. Sometimes the law, or our agreement with you,requires you
to give us a written notice. You must still provide these notices to us on paper, unless we tell you
how to deliver the notice to us electronically.
How you will Receive Electronic Documents
Investment Advisor is your agent who chooses which electronic documents to send you for
review and electronic signature. This is the case whether those documents are Advisor Forms or
Custodian Forms. Investment Advisor will place electronic documents,which may or may not
require your signature, in an electronic envelope on the DocuSign system(as described below),
and a link to the envelope will be emailed to you. You will access the envelope and electronic
documents, review them,and, if you choose, electronically sign them using the DocuSign
system. Investment Advisor, and not the Custodian, is responsible for the content of the
electronic documents sent to you. Even if the electronic documents are Custodian Forms,they
will be selected and prepared by Investment Advisor and sent to you at the direction and on
behalf of Investment Advisor. You acknowledge and agree that if you receive any information or
electronic document that is erroneous,not intended for you, or, in the case of Custodian Forms,
deemed ineligible for electronic signature by the Custodian upon its receipt, it is solely the
responsibility of Investment Advisor and not the Custodian. You agree to immediately notify
Investment Advisor if you receive any electronic document or information that appears to be in
error or not intended for you.
How Electronically Signed Documents are Processed
You acknowledge and agree to the following regarding your receipt of electronic documents and
your use of electronic signatures: If an electronic document requires the signatures of others
besides you, it will not be submitted to Counterparty for processing or effective as to its contents
or any actions it instructs or authorizes until all required signatures have been obtained. If any
party whose signature is required declines to electronically sign,then the electronic signature of
any party previously obtained will not be effective,and all parties will be required to hand sign a
paper document.
Withdrawing Your Consent
Counterparty will ask you for this Consent and Agreement each time it presents an envelope of
electronic documents. Once you give your Consent and Agreement for an envelope, you cannot
withdraw it for that envelope. You can, however, choose not to give your consent in the future
when you are presented with subsequent envelopes. If you do this,you will be unable to proceed
electronically and you may be required to use paper documents and signatures. If you give your
Consent and Agreement for an envelope, although you may not withdraw it,you can still choose
not to electronically sign any or all electronic documents in that envelope. Once you
electronically sign a particular document, you cannot withdraw the Consent and Agreement for
that document,but you can choose to not electronically sign any other documents included in the
same envelope. In addition, before you complete an electronic signature of a document,you may
cancel and exit the electronic signing process before clicking the"Confirm Signing"(or other
similarly titled button) and closing your browser.
Retaining Electronic Documents
You should retain a copy of all electronic documents we provide to you, including this Consent
and Agreement, for your future reference. You can do this by printing the page on paper or
saving it to your computer or mobile device. A copy of this Consent and Agreement, as it may be
amended from time to time for consents to be given in the future, will also be available to you at
www.docusign.com .
Getting Paper Documents
If instead of receiving and signing electronic documents,you would rather use paper documents,
you should contact Investment Advisor. If you electronically sign a document, you can, in
addition to printing a paper copy and/or saving it to your computer,obtain a paper copy from
Counterparty by contacting Investment Advisor or the Custodian.
DocuSign System
Investment Advisor has entered into an agreement with DocuSign, Inc. ("DocuSign")to make
the DocuSign electronic signing system available to facilitate your receipt,review and electronic
signature of electronic documents. Your use of the DocuSign system is subject to DocuSign's
Terms of Use available at www.docusign.com/company/tems-of-use Investment Advisor,the
Custodian,and DocuSign are not affiliated with each other.Neither Investment Advisor nor the
Custodian is responsible for the DocuSign system, and Investment Advisor and the Custodian
each disclaims any representations and all warranties regarding the DocuSign system. Your use
of the DocuSign system is entirely your choice and solely your responsibility.
Hardware and Software Requirements
In order to receive electronic documents and electronically sign them,you will need access to a
computer or mobile device with intemet service and access to an email account. In order to
access the electronic documents sent to you, your computer or mobile device must meet certain
requirements,the current version of which is shown below. These requirements will change from
time to time, and without notice to you, as third-party technology providers update their
products. You can visit hns,//www.docusim.com/company/tems-of-use/sl?ecif"lcations for the
most up to date system requirements. These requirements include: (1)an operating system and
intemet browser that together support the display of PDF documents; and (2) up-to-date PDF
reader software. If you have questions related to the current requirements, please contact
Investment Advisor.
The Current Version of software and hardware that meets these requirements is identified below.
By "Current Version,"we mean a version of the software that is currently being supported by its
publisher. We reserve the right to discontinue support of a Current Version if, in our sole
opinion, it suffers from a security Flaw or other flaw that makes it unsuitable for use in the
transaction.
Operating
Systems Windowso XP, Windows Vistae, Windows 8, Windows 7, Mac OS X
al release versions of Internet Explorere 7.0 or above (Windows
Browsers: Moan only),Fi Google Chrome*Current Version (Windows
Version nd Mac), Safa iTTm 6.2 nor above ISI
rent
Mobile �kpple iOS 6.0 or above; AndroidTm 4.0 or above J
PDF Reader crobat®or similar software may be required to view and print PDF files
Screen •.1024 x 768 minimum
Resolution:
Enabled
Security 'Allow per session cookies
Settings
Your email notifications are made available in HTML(regular Web hypertext) format, and your
electronic documents are made available in PDF format. Your electronic documents may be
viewed electronically via the Web and printed with a local printer. You may also save your
electronic documents to your local hard drive the way you would any other file from the Internet.
Depending upon your comfort level with accessing and storing electronic documents, you should
determine whether electronic or paper documents and delivery is best for you. For viewing,
printing, storing or downloading your email announcements or the linked web pages, you should
use the latest version of your web browser with JavaScript enabled. To access the PDF format
for printer-friendly electronic documents,you will also need Adobe Acrobat ReaderTM. If you do
not have Adobe Acrobat Reader installed on your computer, you can download the necessary
software free at any time at www.adobe.com.
If accessing the DocuSign system via a mobile device, please understand that wireless network
coverage and Wi-Fi network speed varies by provider and geographic location. Counterparty is
not responsible for limitations and/or failures in performance associated with any wireless or W i-
Fi service used to access the DocuSign system or for the security of any wireless or W i-Fi
service (see "Security and Privacy Information," below).
Updating Your Email Address and Other Contact information
It is your responsibility to provide us with accurate and complete e-mail address and other
contact information, and to maintain and update promptly any changes in this information. In
addition,Counterparty may periodically ask you to confirm or update your email and any other
information needed to contact you electronically. You may update your email address by
contacting Investment Advisor.
Security and Privacy Information
In accessing electronic documents and electronically signing them, you should use a computer
operating system that has a firewall (software that is designed to prevent unauthorized access to
your computer by blocking suspicious people or websites) and that it is turned on and up-to-date.
You should also make sure that your computer has anti-virus software that it is turned on and
that your subscription is current.
Emails sending you links to envelopes with electronic documents for electronic signature are not
encrypted(unless the email expressly says that it is encrypted); but the contents of the envelopes
are protected. For security and confidentiality, unencrypted emails will not include your name,
full account number, or any other personal identifier. Be aware,however,that some email
addresses may use part or all of your name. If you use a work email address, your employer or
other employees may have access to your email. Although Counterparty believes that email is a
reasonably reliable method of delivery,as with any form of communication,there is a risk of
misdelivery or interception.
DocuSign has agreed with Investment Advisor to safeguard the security and privacy of all
confidential customer information. DocuSign's privacy policy applies to your use of the
DocuSign system. In addition, Investment Advisor's privacy policy applies to information we
receive from you as part of the electronic signature process. Links or references to where you can
view Investment Advisor's and Custodian's respective privacy policies may be contained in the
email notifying you of the documents on which your electronic signature is requested or the
documents themselves. You may also contact Investment Advisor to be directed to its and/or
Custodian's privacy policy.
Accessing the DocuSign system via a mobile device involves the electronic transmission of
information across the networks of your wireless service provider. Counterparty is not
responsible for the privacy or security of wireless data transmissions. Use only reputable service
providers and check with your wireless service provider for information about its privacy and
security practices.
The Effect of Your Consent and Agreement
By checking the"I agree to use Electronic Records and Signatures"box and then clicking the
"Review Documents" button below you are providing your electronic signature on this
Agreement and indicating that you acknowledge, agree and demonstrate that:
• You have read this Consent and Agreement and understand it.
• You consent to electronically receive and review the electronic documents included in the
electronic envelopes that will be sent to you.
• You have the hardware and software described above,an active email account, and you
can (1) access,view, and print on paper or save on your computer this electronic Consent
and Agreement and the electronic documents and(2)access the Web sites described
above, including their content, in either HTML or PDF formats, as applicable.
• Your electronic signature on any of the electronic documents, including this Consent and
Agreement,will bind you to that document the same as if you had signed a paper copy of
the document with an ink pen. You will not contest the validity or enforceability of any
electronic document you receive or electronically sign because the document and your
signature are in electronic form.
You understand that you should contact Investment Advisor to report any problem with the
electronic signature process.
Attachment E
Documentation Name Change
from League of Older
Americans, Inc. to Local Office
on Aging, Inc.
• • Augast 13,2008
LOCAL OFFICE ON AGING
PO Box 14705 Interval Revenue Service
706 Campbell Asen te,SW District Director
Roanoke,VA 24038-4205 31 Hopkins Plaza
(540)345-0451
Fax(540)981-1487 Baltimore,MD 21201
www.loaa.org
rag °j'xY a sang Re:Corporate Name Change
pauwmrkeP 540916248
Gentlemen:
Meals on Wheels
Diners Club Please change our corporate rune&oro:
Co.Coordination
Transportation
Heafth Promotion League of Older Americans Inc to"Local Office on Aging,
Ombudsman Inc",
Homemaker
Personal Care Attached is We Certificate of Assumed or Fictitious name along
Health Insurance Counseling with a copy of our 501C(3)letter dated April 26,1989.
Foster Grandparent
Program
Senkx Companion Your attention to this matter is appreciated. If additional
Program information is needed,please contact Darleen Mayo Fie],Director
Senior Safety of Finance at 540 345-0451.
Cooling Assistance
Areal e Sincerely.
Are Youu OkaY7
CaregNerMslstanoe
Informationand
Referral
Volunteer Opportunities Susan B.Williams
LOA News Executive Director
Speaker's Bureau
Ci-I-) gag-ssoo
4
® "Het n Older Persons Remain Independent for as Long as Possible-
GtlesaPm,pxe.SMnnaCnoad " MVNVYa IROYE NRyM^v.hfM,Ra Cng
Mme, fQUµOFVORNNIIY/FMROYER
CERTIFICATE OF ASSUMED OR FICTITIOUS NAME
[an+ww..unervorna
This is b cmdH that the bebw named person,pummainp,limited liability omnpmy or corporation blends m coidun m
sabawt business uder an assured or f fitbue name in the■City M County of
1. The ASS(A1EDORFICTDIOUSNAbMofbwinem:
2. Thcsbore business by tian Aenriry type:
SOUSOPROPRIETORSF�(Compton A below)0 PARiNERSH@(Complem B bebw)
Il�ID6TED L5ABR.ITY COhB'ANY(CampleteC bekwv) CORPORATION(Cmnplem Cbelow).
A. NAME OF OWNER:
RESIDENCE ADDRIBM.
POST OFFICE ADDRE85:
B. bl b OF PARTNERSN@:
OFFICE ADDRESS:
POSTOFFICEADDMS:
(I) Is tibia•8anma)ParmenhlP7 M. UVES,mmplem the SwEGG t of Petmm an Pep Two ofTwo.
(1) Is Nh•dmnea4c limed pvuwnh'ry7 NO MM. If YES,a ani6d cepy ofth4 cufificate mwtbe filed
with the Sute Casporalion Commiwion. 159.1-70.
(3) 41huefweipalimnalpvmenhip?MM MVES. If VES,mdieuethedmofdmcenihc=ofmgiw ionb
trvwam bwbem b the CamrnwweeMl of Vbein4 iniad by the Sum Coryom4
Commiubv:�
A cmERd cap,ofthis omtlllwte mum be SM with the Stan Corymmion Commisaloo 4 S9.1-70.
C. NAME Of O CORPORATION M UNITED L]Wll VCOWNSFY:
OFFIMADDRESS:.
POST OFFIMADDRESS: ..
(I) A anrpmetiml or limitd liability wmpanY moat fde a mti6d mPY o[th4 cwvi6cauwnh the Sum CorporWon
Cohisrioa 459.1-70.
(Z) 4 th4•forcigv c^IPord^^ora torci,limiud liability wmpelly1 M NOW YUi. DYES,ieth^"•the dme of Ne
mtificmeofantlmriH/rc8imrmioo m transw busirwn in dm CommavwWth of Virginia 4sud by the Sute
Corymation Commimivm
ACKNOWLEDGMENT
I nerdty Nm the fin ping 4 true and mama to the beat ofmy knowledge wd belief.
Sole P"'tiv ship
s.cP owxi GG . FFGFOxxm -
Pumcmhip
xwwrcoewr.rAmxn awxAawmutPAa -
Coryotetlon lf���Pyy�7�T
NAImOPYammPM 9pNAMEOPPREi1DPM
Limitd Liability
Company
Asn OP evneAxnora anmutyaeyeMumPrvMAxAeex
�jCity[ I county of...__...A.09tdA. ._.............................. sml+�f......._1�LR /rlib..........._......................._..._....
Acknowledged,submnbd and sw/pm m ef.. this.._.........—.11Y.........._say oL..),..,(.�//L�A�r//�./....._......_....._...I004.
My commissbn mpima.......JT./�.� i�:p�.¢............... V/�10.�VOM .SV r (/NCdAI
[Iclruo rcrnx xorur nmuc
CLERK'S OFFICE
Filed in the Clehi OlBec of Ne................................................................. Circuit Camt Dn................._....._.....__........_...........
Dwre
...........................................__......................................Clnk by .Deputy Clark
FORM(T-I050 WMTER.PAGE 0V. OF WO)IMS
rA fADE,11111 -
10 IRS. :::: G1C : :7Y1
P.9. Bo. z5ee
c]molm.ti on 4szn
0]U 91.18969].Ot L9.00] 1 .V 0.951 9J2
I OCAL OFFICE ON AGING INC
kj PO BOX 14205
ROANOKE VA 24038-4205057
0469]
CUT OUT AND RETURN THE VOUCHER AT THE BOTTOM OF THIS PAGE IF YOU ARE MAKING A PAYMENT,
EVEN IF YOU ALSO NAVE AN INQUIRY.
��Tba IRS address must appear in the window. Up. for payments
0248562349 Letter Number: LTR4168C
BODCD-TE Letter Data 2008-09-22
Tax Period 000000
1111111111111
540916248.
LOCAL OFFICE ON AGING INC
INTERNAL REVENUE SERVICE PO BOX 14205
P.O. Sox 2508 ROANOKE VA 24038-4205057
Cincinnati ON 45201
LLJ�LL„IIII.��JILd�I
540916248 ZJ LOCA 00 2 000000 670 00000000000
hrtemal Revenue Servlcm�— --dBpertment of the Treswry
_District Director
31 HOPKINS PLAZA
BALTIMORE, NO 21261 -
Dat@,APR 3610 Employer Identification Humbert
51-1359357
Contact Person,
MRS. E. PRATT
LEABUE OF OLDER AMERICANS Contact Telephone Numberi
FwMOATION INC (301) 962-079
706 CAMPBELL AVENUE SM
ROANOKE. VA 21016
Our Letter Ont.d)
Sept. 2, 1986
Caveat Appl Ies,
NO . . ..—
__ Dear Applicant, . .
This modifies our letter of the above data In which No, stated that you
would be treated as a. orgaoizatlos which In not a private foundation until
the expiration of your advance rat Ing period.
Based an the Information yon submitted. we Myo determined that you are
not a private foundation within the @ming of section 509(a) of the Internal
Revenue Cede because, you are an organization of the type described In auction
009(x)(1) and 170(b)(f)(h)(vi). your exempt status under Code section 501(c) (3)
1. still In offert.
grantors and contributors may rely on this determination until the
Internal Anyone@ Service publishes notice to the contrary. However. If you
lou your action 509(a)(1) statust a grantor or contributor may not
rely on this determination If M or she was In part responsible for, or was
aware o1, the act or fat lure to act that resulted is your loss of such statust
or acquired bnawledp that the Interest Revenue Service had Sive. notice that
you "old be reaovod from classification as a section 509(x)(1) orgaaiza-
tlan.
If the heading of this letter Indicates that a caveat applies, the caveat
beiam or on the enloser* is as Integral part of this letter.
Because this letter could help resolve any questions about your private
foundation status, Plus. t," It In you permanent records.
If you Mve any gwestle.s, Please contact the person wheno, name and
telephone number are shown above.
Sincerely you//rrrsa.,
' Mj
District Olrector
Letter 1050(00/CS)
Attachment F
Tax Exemption Certificate
Commonwealth of Virginia
Department of Taxation
www.tax.v irein ia.eov/no n orot it
Retail Sales and Use Tax Certificate of Exemption
LOA Area Agency on Aging Issued Date: 01/03/2019
4932 Frontage Road NW Expiration Date: 01/03/2024
Roanoke, VA 24019 Exemption Number: SE540916248F01032024
This letter confirms that your organization qualifies under Code of Virginia§ 58.1-609.11 to
purchase tangible personal property without paying the Virginia sales and use tax. The
exemption also applies to purchases of meals, prepared food and catering by the organization for
its use or consumption on or after April 22, 2016. The exemption is not applicable to the
purchase of taxable services, such as hotel and motel accommodations.
To purchase tangible personal property without paying Virginia sales and use tax:
• Present a copy of this letter to each dealer.
• Pay directly from the organization's funds(i.e., debit card, credit card or checking
account). Purchases by a member of the organization from his personal funds(i.e.,cash,
personal credit card or personal checking account)are taxable even though they may be
reimbursed by the organization. If the organization issues credit cards to employees who
are responsible for payment of the charges that are reimbursed by the organization, these
types of transactions are taxable.
• Employees or members may NOT use this exemption certificate to purchase goods for
personal use.
• The organization must establish: 1)that the provision of meals, prepared food and
catering to individuals furthers an official function, mission,service or purpose of the
nonprofit organization;and 2)that the organization has determined to whom,when,and
how the meals or food are served or consumed.
Dealers,please note the following:
• The dealer is required to have a valid certificate of exemption from each organization on
file.
I certify that the item(s) being purchased will be used or consumed by the organization named
above and that payment for this purchase isma to t e vendor fr t organization's funds.
Organization's Authorized Representative:
Printed Name: Carson Ward
Any misuse of exemption certificates will be subject to the penalties prescribed in §58.1-
623.1 of the Code of Virginia.
Attachment G
990 Form
IRS a-file Signature Authorization pus ao vue'aza
F— 8879-EO for an Exempt Organization
F>�yrzo+e.>r,&uirwbalooing OCT 1 SEP 30 ,zv20 2019
ppep,�xegr T„�.
Is, Do not send W MS IRS.Keep for yaw recgrda
iv wR--sr.,.. Go wwvivi.ire. ov/F..nWgEO for for
I for, stion.
am of exempt organization rap oyer an abort num er
LOCAL OFFICE ON AGING 54-0916248
Name and tae of officer
RON BOYD
CEO
TYPO Of Return sn alum nform on (Who,Willem Only)
Check Me box for the Mum for which you are using this Form SSMEO and enter Me applicable amount,if any,from this Mum.If you check the box
on Who la,2a,3a,k or iia,bebw,and the amount on Met line for ine return being Red with this forth visa blank,Men les”line tib,2b,3b,4b,or 5b,
whbhewr Is applicable,blank(do not anter U).But,H you entered 4 on Me Mum,Men enter U on the applicable line bebw.Do rat complete more
Man one line in Pan I.
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Part0 1 Declaration and Signaturo Authorization of OfBeer
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electronic return and accwnparrying sphedutea and sworments and to the best W my knowledge and beNef,they aro true,correct,and compote.I
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organizations consent to electronic funds wRhdrawel.
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®Iauumm BROWN, EDWARDS E COMPANY, LLP to enter my PIN®
FRO arm name Enter five numbers,but
do not soler all zemt
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confine that I stn submMa g M,return in accordance wind tine requimnwMs W Pub.4183,Modernized a Fib(MOF)Information for Authorized IRS
e-fie Provides ler Business Returns.
ERO's signature Is,BROWN, EDWARDS it COMPANY, LLP Date ► 03/03/21
ERO Must Retain This Form-Sea Instructions
Do Not Submit This Form to the IRS Unless Requested To Do So
LMA For Paperwork Radiation AM Notice,see Instructions. Form 8879-EO(2919)
09550303 700842 0714638.000 2019.05060 LOCAL OFFICE ON AGING 07146381
TAX RETURN FILING INSTRUCTIONS
FORM 990
FOR THE YEAR ENDING
September 30 , 2020
Prepared for
Local Office On Aging
P.O. Box 14205
Roanoke, VA 24038-4205
Prepared by
Brown, Edwards 6 Company, LLP
1909 Financial Drive
Harrisonburg, VA 22801
Amount due Not applicable
or refund
Make check
payable to Not applicable
Mall tax return
and check(d
applicable)to Not applicable
Return must beNot applicable
mailed on
or before
Special This return has been prepared for electronic filing. If you
Instructions wish to have it transmitted electronically to the IRS, please
sign, date, and return Form 8879-EO to our office. We will
then submit the electronic return to the IRS. Do not mail a
paper copy of the return to the IRS. Return Form 8879-EO to
us by August 16, 2021.
vow.,
wa,nv
The Roanoke Times Account Number
Roanoke,Virginia 6014485
Affidavit of Publication
Date
CITY OF ROANOKE-DIRECTOR OF FINANCE
Abri CECELIA MCCOY November 05,2021
215 CHURCH AVENUE SW,SUITE 465
ROANOKE,VA24011
Date Category Description AD Size
Total Cost
11/14/2021 Legal Notices NOTICE OF PUBLIC HEARING Rodents hereby given that th 1 x 71 L 393.76
NOTICE OF PUBLIC HEARING Publisher of the
Notice 15 hereby vlvon that fhc Cry Roanoke Times
council of the city°f...—ke will hole
fnmhl hearinv at Its revular meetmo
°be held on Monday. Novemberls.
2021. commend" at 1:00 p.m., A me I,(the undersigned)an authorized representative of the
council Chambers. 4th Floor. Noel c.
Taylor Municipal ewlaing, xis cnarcn Roanoke Times,a daily newspaper published in Roanoke,in the
.S.W.,..snake.Virginia,Oa the
vueinon of adoption f ormnance State of Virginia,do certify pursuant to emon ace-3a51.coda or r9 that the Ermined notice NOTICE OF
Virginia request tit Locaal amended.o,°.°Aging PUBLIC HEARING Wad published in said newspapers On the
In...A..G C)(2)nonprmn corporatlOn.
emanon of its real Property. following dates:
itlenN£led as 4902 Fmnlaoe..ad N.W.,
Roanoke. Virginia, b world. Roiooke
Official
Tax Map 86490900 (the
'property'), empt fatal cal
Itssco es iris chin on es t.o,nswhich iv05/2D21
Its services are coneacted,
The total Assessed value °r the
Property I5 $1.1A00 far the 20x1 I..
Werwith a real estate tax of$9.357. If
e mpflun .-nom. inc Iu55 0l
will be�$>Aab annually after a
2nd service charge Is I—le, In u.. of The First insertion being given... 11/052021
real Axes.
This public hearinmay be contacted
by electronic communication means
due to he COVID-19 pead.mlc Newspaper reference: 0001276751
eismae.. w1) persons wlsmng A
I rcl[yClclet s1)oxiareyn m°oink
,a.. I man okeya.valla
ov Or ]stare 111 be
953-354] by 12:00 noon, On November
1s. zay. elfar Allen lenO a rest win be
,a nmsay mmrmvA ere elect—no,
to=mmunications,�ean.. Billing Representative
The full text of the proposed ordinance
Is onFNle In the Office of the Clty Clerk.
Amocipal Building,456 chhurch aveone. Sworn to and subscribed before me this 5th Oayof NOvembkrta21
S.W.. goanoke. Vh Olnia, 401L For
further in(°rm aNOn n the matter, you
may
coupono act the City Clerk's O/nee at
If You or.
Awith
If nu are a Ccomm d.d a .far chi
who needs s omtact th CI for his �/
nearing,please contact 1. city Clerks
Office at (540) FES 2S41. bemro 12:00
Goan on under
my
this th dant. Nota Public Lmh Thuy Le
OWery sneer f. nano Ars stn day or Notary Public
Navemher,zou. State of Virginia Commonwealth Of Virginia
Cecena F.Mccoy—City Clerk County of Hanover Reg. No. 7953581
(1276/51) My Commission expires MY Comm. Expires NOV. 30, 2025
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 15, 2021, commencing at 7:00 p.m., in the
Council Chambers, 4" 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 Local Office on Aging,Inc., a 501(C)(3)
nonprofit corporation,for designation of its real property,identified as 4902 Frontage Road,N.W.,
Roanoke,Virginia,bearing Roanoke Official Tax Map#6490804(the"Property"),as exempt from
real property taxation. LOA uses the Property as its main offices from which its services are
conducted.
The total assessed value of the Property is $767,700 for the 2021 tax year,with a real estate tax of
$9,357. If the exemption is granted,the loss of revenue will be$7,486 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 12:00 noon, on November
15,2021.Citizens who register will be provided information to present their testimony via electronic
communications means.
The full text of the proposed Ordinance is on file in the Office of the City Clerk, 4'h 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 11, 2021.
GIVEN under my hand this 5th day of November, 2021.
Cecelia F. McCoy, City Clerk
Note to Publisher:
Publish in the Legal Section of the Roanoke Times once on Friday, November 5, 2021.
Please send bill and affidavit of publication to:
Cecelia F. McCoy, City Clerk
4" Floor,Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 456
Roanoke, Virginia, 24011
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue,S.W.,Room 456 -
Roanoke,Virginia 24011-1536
Teleplmm: (540)853-2541
Fax: (540)853-1145
E-mail: elerk(nr mmkeva.gov
CECELIA F.MCCOV,CMC CECELIA T.WEBS,CMC
City Clerk Deputy City Clerk
November 17, 2021
David C. Perry, Executive Director
Blue Ridge Land Conservancy
1305 Maple Avenue, S. W.
Roanoke, Virginia 24016
Dear Mr. Perry:
I am enclosing copy of Ordinance No. 42207-111521 exempting from real estate
property taxation certain real property, located in the City of Roanoke owned by Blue
Ridge Land Conservancy, ("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 15, 2021, and is in full force and effect upon
its passage.
Sincerely, .�
Cecelia McCoy, CMCZCU
City Clerk
Enclosure
PC: Robert S. Cowell, Jr., City Manager
Timothy R. Spencer, City Attorney
Honorable Sherman A. Holland, Commissioner of the Revenue
Honorable Evelyn W. Powers, City Treasurer
Clarence Grier, Deputy City Manager
W. Brent Robertson, Assistant City Manager for Community Development
Amelia C. Merchant, Director of Finance
Lesha Van Buren, Budget Analyst
IN THE COUNCIL OF THE CITY OF ROANOKE,VIRGINIA
The 15"day of November 2021.
No. 42207-111521.
AN ORDINANCE exempting from real estate property taxation certain real property, located in
the City of Roanoke owned by Blue Ridge Land Conservancy, ("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 15, 2021;
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 1305 Maple Avenue, S.W., Roanoke,
Virginia(Tax Map #1030708), (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:
L 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 1,2022,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 David C. Perry, Executive Director, Blue Ridge Land Conservancy.
5. Pursuant to Section 12 of the City Charter, the second reading of this Ordinance by title
is hereby dispensed with.
ATTEST:
cur ,-. wx&eAl-
City Clerk.
ACCEPTED, AGREED TO, AND EXECUTED by David C. Perry, Executive Director, Blue Ridge
Land Conservancy, a Virginia non-stock, non-profit corporation, this day of ,
2021.
Blue Ridge Land Conservancy
By:
Name:
Title:
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: November 15, 2021
Subject: Personal Property Tax Exemption Request - Blue Ridge Land
Conservancy
Property Located at 1305 Maple Avenue SE
Parcel No. 1030708
Background:
Blue Ridge Land Conservancy, a Virginia, non-stock, not-for-profit corporation
has filed for tax exemption of real property it owns located at 1305 Maple
Avenue SE (Roanoke Official Tax Map No. 1030708) (the 'Property), to be used
exclusively for charitable and benevolent purposes, pursuant to Section 58.1 -
3651 , Code of Virginia.
Blue Ridge Land Conservancy is a Roanoke-based organization whose mission is
to conserve rural and agricultural land in the Roanoke region through the use of
permanent conservation easements. Blue Ridge Land Conservancy has worked
with the City of Roanoke to permanently protect Carvins Cove Natural Reserve
and Mill Mountain Park from excess development through conservation
easements held by the Blue Ridge Land Conservancy. BRLC states in its petition
that is uses the Property as its main office from which its services are
conducted.
At present, annual real estate taxes due on the Property are $2,371 .68 based
on the Property's total tax assessed value of $194,400. Blue Ridge Land
Conservancy 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, Blue Ridge Land
Conservancy 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 , 2022.
As noted above, the assessed value of the Property is $194,400 with annual
taxes due of $2,371 .68. In lieu of $2,371 .68 in real estate taxes, Blue Ridge
Land Conservancy 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 $474.34. Consequently, the City
would be foregoing $1 ,897.34 annually in real estate tax revenue.
Commissioner of the Revenue, Sherman Holland, has determined that Blue
Ridge Land Conservancy is currently not exempt from paying taxes by
classification or designation under the Code of Virginia. The IRS recognizes the
organization as a 501 (c)(3) tax-exempt organization.
A copy of Blue Ridge Land Conservancy petition is attached, which includes
answers to the questions City Council must consider in determining whether to
grant Blue Ridge Land Conservancy such exemption. Notification of a public
hearing to be held November 15, 2021 , was duly advertised in the Roanoke
Times.
Notification of a public hearing to be held November 15, 2021 was duly
advertised in The Roanoke Times as required by applicable law.
Recommended Action:
After consideration of comments received at the public hearing, and
determining that granting the exemption requested exempting the Property
from real property taxation pursuant to Section 58.1 -3651 , Code of Virginia,
and Article X, Section 6 (a) 6 of the Constitution of Virginia, to be effective
January 1 , 2022.
Robert S. Cowell,Jr.
City Manager
Distribution: Council Appointed Officers
Honorable Sherman A. Holland, Commissioner of the Revenue
Honorable Evelyn W. Powers, City Treasurer
Clarence Grier, Deputy City Manager of Operations
William B. Robertson, Assistant City Manager for Community Development
Amelia C. Merchant, Director of Management
David C. Perry, Executive Director, Blue Ridge Land Conservancy
2
b� CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue,S.w.,Suite 456
Roanoke,Virginia 24011-1536
Telephone: (540)853-3541
Fax: (540)A53-1145
E-mal: rlerk(d roanokc.a.gur
CECELIA F.YICCOV,ChIC CECELIA T.VVEBB,CNIC
Cit,Clerk Deputy Cin Clerk
October 7, 2021
Robert S. Cowell, Jr.
City Manager
Roanoke, Virginia
Dear Mr. Cowell:
I am attaching copy of a petition from Blue Ridge Land Conservancy, dated October 6,
2021, which was filed in the City Clerk's Office on Wednesday, October 6, 2021,
requesting exemption from taxation of real property located at 1305 Maple
Avenue, S. W., Official Tax Map No. 1030708, to be used exclusively for charitable and
benevolent purposes, pursuant to Section 58.1-3651, Code of Virginia (1950), as
amended.
Petitions forwarded by the City Clerk to the City Manager by April 15 for evaluation and
recommendation to City Council will have an effective date of July 1st. Petitions
forwarded by October 15 will have an effective date of January 1 st.
Sincerely,
Cecelia T. Webb, CMC
Deputy City Clerk
Attachment
PC: David C. Perry, Executive Director, Blue Ridge Land Conversancy, 1305 Maple
Avenue, S. W., Roanoke, Virginia 24016
The Honorable Sherman A. Holland, Commissioner of the Revenue
Timothy R. Spencer, City Attorney
Susan S. Lower, Director, Real Estate Valuation
Lesha Van Buren, Budget Analyst
dw
BLUE RIDGE
L A N D C O N S E R V A N C Y
BOARD OF TRUSTEES Oct. 6, 2021
Ann Bondurant Trinkle
President Susie McCoy
Roanoke City Clerk
Robert C. Mountcastle 215 Church Avenue SW
President Elect
Suite 456
Ruth T. Dickerson Roanoke,VA 24011-1536
Treasurer
Fiona M.Tower Dear Ms. McCoy,
Secretary
Please find enclosed the Blue Ridge Land Conservancy's petition to Roanoke City Council
A.Sidney Barritt III,MD for real property tax exemption on property owned by our organization at 1305 Maple
Dominic M. Basile Ave.,SW, Roanoke,VA.This property is used solely and exclusively by our organization
Maureen McNamara as its offices and the location out of which we provide our services.
Best
Helen A.Burnett
William Hurley The Blue Ridge Land Conservancy is a 501(c)(3) charitable organization as determined by
Sonja A. Ingram the IRS.On Sept.20,2021,we received notice from the Commissioner of the Revenue's
Lowell F.Inborn, MD office that our property was not eligible for exemption by classification or designation. I
David C.Jones,DDS have attached with this petition both a copy of our letter to the Commissioner and a
Wendy W. Kendrick copy of his response.
Susan E. McSwain
Thank you for your assistance in this matter. I await further communication from your
ADVISORY COUNCIL office on our next steps.
M. Rupert Cutler, PhD
Lucy R. Ellett
Liza T.Field Sincerely,
Talfourd H.Kemper
Robert B.Lambeth,Jr.
Janet Scheid G .
STAFF
David C. Perry David C. Perry
Executive Director Executive Director
Tina L.Badger
Project Manager
Kate K.Glass
Stewardship Manager
'Uruq`e
v The Lemon House 1305 Maple Ave.SW, Roanoke,VA 24016 Phone(540)985-0000
www.blueridgelandconservancy.org
VIRGINIA:
IN THE COUNCIL OF THE CITY OF ROANOKE
RE: PETITION FOR EXEMPTION FROM TAXATION OF CERTAIN
PROPERTY PURSUANT TO ARTICLE X, SECTION 6(a)(6) OF THE
CONSTITUTION OF VIRGINIA
TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF
ROANOKE:
Ia. Your Petitioner, Blue Ridge Land Conservancy, a Virginia, non-stock, not
for profit corporation owns certain real property, located at 1305 Maple
Ave. SW, in the City of Roanoke, Virginia, which property is City of
Roanoke Tax Map ID #1030708, with a total assessed value of$194.400
and a total of$2,371.68 in real property taxes that were paid or would
have been paid in the most recent year, desires to be an organization
designated pursuant to the provisions of Sec. 58.1-3651, of the Code of
Virginia, as amended, in order that the referenced real property, to be used
exclusively for charitable and benevolent purposes in carrying out its
mission of permanently protecting the region's most important lands and
waters for the health and benefit of current and future citizens of the City
of Roanoke including the protection of Mill Mountain Park and Carvin
Cove Natural Reserve, both of which are held under a conservation
easement donated by the City of Roanoke to the Blue Ridge Land
Conservancy, and using the property described above as the organization's
office and primary location from which it delivers its services to the
up blit, be exempt from taxation under the provisions of Article X, Section
6(a)(6) of the Constitution of Virginia so long as your Petitioner is
operated not for profit and the property so exempted is used in accordance
with the purpose for which the Petitioner is classified.
2. Your Petitioner agrees to pay to the City of Roanoke, an annual service charge
in an amount equal to twenty percent (20%) of the City of Roanoke tax levy,
which would be applicable to this real estate, were our organization not be tax
exempt, for as long as this exemption continues.
3. Your petitioner acknowledges and agrees that it will immediately notify both
the City of Roanoke Commissioner of the Revenue and the City of Roanoke
Treasurer in writing in each instance when the property, or any portion
thereof, is being leased to a third party and provide the City with a copy of the
fully executed lease. Your petitioner agrees to include a provision in all leases
of the property that such third parties shall be responsible for paying the City
applicable leasehold taxes that may be assessed by the City. Petitioner
acknowledges that if the foregoing conditions are not met, the City reserves
the right to terminate the his exempt status of the property.
1
4. Your Petitioner, if located within a service district, agrees to pay to the City of
Roanoke an annual service charge equal to the additional service district tax
that would be levied for as long as this exemption continues.
5. Your Petitioner agrees to provide information to the Director of Real Estate
Valuation upon request to allow a triennial review of the tax exempt status of
your Petitioner.
The following questions are submitted for consideration:
L (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 1954 on March, 1997.
2. (Q): Whether a current alcoholic beverage license for
serving alcoholic beverages has been issued by the Alcohol
Beverage Control Board to such organization for use on
such property.
(A): No
3. (Q): Whether any director, officer or employee of the
organization has been paid compensation in excess of a
reasonable allowance for salaries or other compensation for
personal services which such director, officer or employee
actually renders.
(A): 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 grants.
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 inurement• a significant portion of the service
provided by the Blue Ridge Land Conservancy is
generated by funds received by donations and
contributions.
5. (Q): Whether the organization provides services for the
2
common good of the public.
(A): Your Petitioner provides services for the common
good of the public in as much as it conserves land and
water which in accordance with federal and state law and
regulations,provides a public benefit through the
protection of open space (including scenic views), natural
habitat, public recreation or historic preservation, as well
as clean air and water, support for the region's growing
outdoor tourism and recreation industry, and support for
the region's apiculture and forestry industry, all of which
directly benefit the citizens of the City of Roanoke.
(Describe the public service)
6. (Q): Whether a substantial part of the activities of the
organization involves carrying on propaganda, or otherwise
attempting to influence legislation and whether the
organization participates in, or intervenes in, any political
campaign on behalf of any candidate for public office.
(A): 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; in fact,by virtue of the services provided by the
Blue Ridge Land Conservancy, we help to grow the city's
tax base and raise property values. Employers and
employees like to locate where there is natural beauty,
clean air and water, local food and local outdoor spaces in
which to recreate. We preserve the things that support
Roanoke's new economies.
3
9. (Q): Any other criteria, facts and circumstances, which
the governing body deems pertinent to the adoption of such
ordinance.
(A):
(Provide as necessary).
Note: All tax exemption petitions submitted for consideration by
City Council must be filed with the City Clerk's Office.
THEREFORE, your Petitioner, Blue Ridge Land Conservancy,
respectfully requests to the Council of the City of Roanoke that this real
property 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
(Repeat proposed use of property).
Respectfully submitting this
60day-acctober, 2021.
By: tC
Executive Director
4
r dw
BLUE RIDGE
L A N D C O N S E R V A N C Y
BOARD OF TRUSTEES Sept. 3, 2021
Ann Bondurant Trinkle
President Sherman A. Holland
Commissioner of the Revenue
Robert C. Mountcastle 215 Church Ave.SW
President-Elect
Roanoke,VA 24011
Ruth T.Dickerson
Treasurer Dear Mr. Holland,
Fiona M.Tower I'm writing to inquire as to whether the City of Roanoke offers exemption from real
Secretary estate taxes for non-profit organizations. Our organization,the Blue Ridge Land
Conservancy, is a 501(c)(3) non-profit organization incorporated in the Commonwealth
A.Sidney Barritt III, MD of Virginia.We currently are exempt from business property taxes in the City of Roanoke
Dominic M.Basile and are also exempt from Virginia sales tax.
Maureen McNamara
Best
Helen A. Burnett In March of 2021,we purchased property located at 1305 Maple Ave. SW in the City of
William Hurley Roanoke.Weare the owners and sole occupants of this property,which is used by us
Sonja A.Ingram exclusively for our offices and the provision of our services to the community.
Lowell F.Inhorn, MD
David C.Jones,DDS Please let me know if I can provide additional information or documentation to aid in
Wendy W. Kendrick your determination. Thank you,and I look forward to hearing from you soon.
Susan E.MCSwain
Sincerely,
ADVISORY COUNCIL
M. Rupert Cutler, PhD
Lucy R.Ellett
Liza T.Field � CD
Talfourd H.Kemper
Robert B.Lambeth,Jr. David C. Perry
Janet Scheid Executive Director
STAFF
David C.Perry
Executive Director
Meagan R.Cupka
Assistant Director
Tina L.Badger
Project Manager
Kate K.Glass
Stewardship Manager
'111.1"
• 1305 Maple Ave.SW, Roanoke,VA 24016 Phone(540)985-0000 www.blueridgetandconseNancy.org
We protect the lands and waters you love,forever.
COMMISSIONER OF THE REVENUE
CITY OF ROANOKE
SHERMAN A. HOLLAND
('OMMISSIONER
GREGORY S.EMERSON
('HILI DEPUIY
September 20,2021
Mr. David C. Perry, Executive Director
Blue Ridge land Conservancy
1305 Maple Ave., SW
Roanoke, VA 24016
Re: Exemption of property located at 1305 Maple Ave, SW
Parcel No. 1030708
Dear Mr. Perry,
1 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 2021-22 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) 553-2541. 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,
e
Sherman A. Holland
Conunissioner of the Revenue
SAH/jec
Cc: City Clerk's Office
Dept.of Finance's Management and Budget Division
215 Church A,enuc SW,Room 251*Roanoke.Virginia 21011
Phone 15401853-2521 • Pax 1.5401853-1115 t 1,41,manok,,onrum
£� IRSnePann,en, f%e
:nlernal aevenue 9ervlae
P.O. Box 2508, Room 4010 In reply refer to: 0223252444
Cincinnati ON 45201 Aug . 14, 2013 LTR 4168C 0
31-0496895 000000 00
00032115
BODC: TE
BLUE RIDGE LAND CONSERVANCY
722 1ST ST SW STE L
ROANOKE VA 24016-4120
022140
Employer Identification Number : 31-0496895
Person to Contact : J ROBINSON
Toll Free Telephone Number : 1-877-829-5500
Dear Taxpayer:
This is in response to your Mar . 25, 2013, request for information '
regarding your tax-exempt status .
Our records indicate that you were recognized as exempt under
section 501(c) (03) of the Internal Revenue Code in a determination
letter issued in March 1997.
Our records also indicate that you are not a private foundation within
the meaning of section 509(a) of the Code because you are described in
section(s) 509(a) ( 1) and 170(b) ( 1) (A) (vi) .
Donors may deduct contributions to you as provided in section 170 of
the Code. Requests, legacies, devises, transfers, or gifts to you or
for your use are deductible for Federal estate and gift tax purposes
if they meet the applicable provisions of sections 2055, 2106, and
2522 of the Cotle.
Please refer to our website www. irs .gov/ea for information regarding
filing requirements. Specifically, section 6033(j ) of the Code
provides that failure to file an annual information return for three
consecutive years results in revocation of tax-exempt status as of
the filing due date of the third return for organizations required to
file . We will publish a list of organizations whose tax-exempt
status was revoked under section 60330) of the Code on our website
beginning in early 2011 .
0223252444
Aug. 14, 2013 LTR 4168C 0
31-0496895 000000 00
00032116
BLUE RIDGE LAND CONSERVANCY
722 IST ST SW STE L
ROANOKE VA 24016-4120
If you have any questions, Please call us at the telephone number
shown in the heading of this letter.
Sincerely yours,
IAAJTJV71�
Cindy Thomas
Manager, EO Determinations
The Roanoke Times Account Number
Roanoke,Virginia 6014485
Affidavit of Publication
Dat¢
CIT'(OF ROANOKE-DIRECTOR OF FINANCE November 05,2021
A8n CECELIAMCCOY
215 CHURCH AVENUE SW,SUITE 465
ROANOKE,VA 24011
Date Category Description Ac!Size Total Cost
1111412021 Legal Notices NOTICE OF PUBLIC HEARING Notice is hereby given that m( 1 x 72 L 398.32
Publisher of the
NOTICE OF PUBLIC HEARING
Roanoke Times
.ml—unc b hereby given toot the City
ld
Council of the City^l Roanoke WIII ting
a public hearing a[Its regular meeting
t0 be holo on MOMay, ovembv 5.
2021, commencing at >:oo P.m.. In the I,(the undersigned)an authorized representative of the
oounell Chambers. 4m Floor. Noel C.
Taylor Municipal spools.. at5 Church Roanoke Times,a daily newspaper published in Roanoke,in the
Avenue.S.W..Roanoke.Virginia,on the
mannuon of adoption of an ordinance State of Virginia,do cerU that the annexed notice NOTICE of
pursuant to section sseaa51. Code offY
VirginiaryuPS1 .1 amended.nida. asd° PUBLIC HEARING Was published In said newspapers on the
Conservancy^ a Virginia. 501(c) Of
nonprofit oration (•aelco, far following dates:
designation of Its real property,
dammed a Maple Avenue. S.E.
noke, bearing Roanoke
Official m Map #3030708 (the
•Property),x as a mpt from r
progeny anon.%eeRte me 1110512021
property as Its main offices from which
ts serV ales are conducted.
The total sensed value of the
Pmperty Is $194.400 for the 2022 tax
domwith a cal onto tax nl$2,311 6g.
e exemeuon is granted, be msa of
revenue eo:lice cha ge7is l:lee mileu of The First insertion being given... 11/0512021
re al estate taxes.
Thispublichearing may be conducted
by elect co alp eation means Newspaper reference: 0001276743
due to the eoVloa9 pandemle
also An per isl m to
address Chy council meat nen-uo with
In. City Clark's OHiw by .marlin
clerk@roanokeva.gav or coming November
_ / //
953-2543 by ova. noon. c November -j /- r/�``-v` ��-(✓�� '`
35. 2021. Citizens who register will be
provided Information [a present thetr
testimony
means, electronic
communicationsBilling Representative
The full text of the proposed pairs—
Is on nle in tM rifice of the City Clerk,
4th Floor. Room 456, Noel C. Taylor
Municipal Funding,225 Church Avenue. Sword Wand subscribed before me this 5th oayof Noyunhar2G21
S.W., Roanoke. Iri lnla. 24012. For
further Inforcontact
the C y the matter,yof
ay ontact the City Clerk's office a
(SOo)B53-2551.
If you me a person with a disability
_no needs a omm...fiom for this
ring,please contact the City Clerk's r
noon oe Thurrsnay..-.-barrff.,z1 oo NO ry Public Lmh Thuy Le
Notary PUbIK
under t. nam this sin day or Commonwealth of Virginia
rio.emper.zozl. State of Virginia gl a
County of HanoverReg. No. 7953581
ceceH.F.alClty Clerk My Comm. Expires Nov. 30, 2025
(1278743) 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 15, 2021, commencing at 7:00 p.m., in the
Council Chambers, 4" 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 Blue Ridge Land Conservancy,a Virginia,
501(C)(3)nonprofit corporation(`BRLC"), for designation of its real property, identified as 1305
Maple Avenue, S.E., Roanoke, Virginia, bearing Roanoke Official Tax Map #1030708 (the
"Property"),as exempt from real property taxation. BRLC uses the Property as its main offices from
which its services are conducted.
The total assessed value of the Property is $194,400 for the 2021 tax year, with a real estate tax of
$2,371.68. If the exemption is granted,the loss of revenue will be$1,897.34 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 counting clerk@roanokevagov or calling (540) 853-2541 by 12:00 noon, on November
15,2021.Citizens who register will be provided information to present their testimony via electronic
communications means.
The full text of the proposed ordinance is on file in the Office of the City Clerk,4'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 11, 2021.
GIVEN under my hand this 51"day of November, 2021.
Cecelia F. McCoy, City Clerk
Note to Publisher:
Publish in the Legal Section of the Roanoke Times once on Friday,November 5, 2021.
Please send bill and affidavit of publication to:
Cecelia F. McCoy, City Clerk
4" Floor, Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 456
Roanoke, Virginia, 24011
�l/15
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15ch day of November 2021.
No. 42208-111521.
AN ORDINANCE authorizing the City Manager to execute the necessary documents
providing for the conveyance of a parcel of City-owned property consisting of 0.0786 acres,
more or less, bearing Official Tax Map No. 1110713, to TLC Properties, Inc., upon certain terms
and conditions; REPEALING Ordinance No. 22476 adopted September 29, 1975 in order to
facilitate the sale of said property; and dispensing with the second reading of this Ordinance by
title.
WHEREAS, a public hearing was held on November 15, 2021, pursuant to §§15.2-
1800(B) and 15.2-1813, Code of Virginia (1950), as amended, at which hearing all parties in
interest and citizens were afforded an opportunity to be heard on such conveyance.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and the City Clerk are hereby authorized, for and on behalf of
the City, to execute and attest, respectively, the necessary documents, including a Contract for
the Purchase and Sale of Real Property and a Special Warranty Deed, providing for the
conveyance of a parcel of City-owned property consisting of 0.0786 acres, more or less, bearing
Official Tax Map No. 1110713, to TLC Properties, Inc., upon certain terms and conditions, as
more particularly stated in the City Council Agenda Report dated November 15, 2021.
2. Ordinance No. 22476 adopted September 29, 1975, is hereby REPEALED.
3. All documents necessary for this conveyance shall be in form approved by the
City Attorney.
4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this Ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY COUNCIL AGENDA REPORT
To: Honorable Mayor and Members of City Council
Meeting: November 15, 2021
Subject: Public Hearing to Consider Sale of Property located at Official
Tax Map Number 1110713 also known as 0 Norfolk Ave
Background:
The City of Roanoke purchased one parcel, together with a billboard, situated at
0 Norfolk Avenue, S.W. bearing Official Tax Map No. 1110713 in 1986 for the
5`" street bridge construction project. Lamar Advertising, locally operated by
TLC Properties Inc., had leased the rights to use this billboard prior to, and
since the property came under City ownership the same year. TLC Properties
has proposed an offer to purchase the property outright from the City for
$8,000.
Considerations:
City staff has prepared a proposed Contract for Purchase and Sale of Real
Property to convey the Property to TLC Properties, Inc. under certain terms and
conditions.
Recommended Action:
After consideration of comments received at the public hearing and absent
comments at the public hearing needing further consideration, adopt the
attached ordinance authorizing the City Manager to execute a contract
substantially similar to the one attached to this Report, repeal Ordinance No.
22476 adopted September 29, 1975 in order to facilitate the sale of said
property, and to execute such other documents and to take such further
actions as may be necessary to implement, administer, and enforce such
contract. All documents are subject to the approval as to form by the City
Attorney.
--- --------------------
Robert S. Cowell, Jr.
City Manager
Distribution: Council Appointed Officers
W. Brent Robertson, Assistant City Manager for Community Development
Marc Nelson, Director, Economic Development
Cassandra L. Turner, Economic Development Specialist
Laura M. Carini, Senior Assistant City Attorney
CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY
This Contract For Purchase and Sale of Real Property (Contract) is dated
2021,between the CITY OF ROANOKE,VIRGINIA, a Virginia municipal
corporation with an address of 364 Noel C.Taylor Municipal Building,215 Church Avenue, S.W.,
Roanoke, Virginia 24011 ("Seller"), and TLC PROPERTIES, INC., a corporation organized and
existing under the laws of Louisiana and authorized to transact business in Virginia, with an
address of 5321 Corporate Blvd, Baton Rouge, LA 70808 ("Buyer").
RECITALS:
WHEREAS, Seller is desirous of selling certain real property together with any
improvements thereon, located at 501 Norfolk Avenue, Roanoke, Virginia, Official Tax Map No.
1110713, an approximate aggregate total acreage of 0.0786 acres (with all Improvements (as
defined below),referred to hereafter as the"Property")to Buyer and Buyer is desirous of acquiring
such Property upon the terms and conditions set forth below;
WHEREAS,the Buyer represents to the Seller that the Buyer is desirous of purchasing the
Property for the intended purposes as set forth in a document entitled "LAMAR letter of intent,"
("Buyer's Letter of Intent") and dated April 28, 2021, which is incorporated herein by reference;
and
WHEREAS, Seller will sell the Property to Buyer provided Buyer fully complies with
certain terms and conditions as set forth in this Contract and if Buyer fails to comply with such
terms and conditions,Buyer shall be liable to Seller for the amount set forth hereinafter or for such
other remedies available to the Seller as set forth in this Contract or by law.
THEREFORE, for and in consideration of the mutual covenants and conditions herein set
forth, and other good and valuable consideration, the receipt and sufficiency of which is
acknowledged by the parties hereto, Seller and Buyer hereby agree the above recitals are hereby
incorporated into this Contract and that they further agree as follows:
SECTION 1. DEFINITIONS.
Unless the context otherwise specifies or requires, for the purpose of this Contract, the following
terms shall have the meanings set forth in this Section:
Buyer's Proposal or Proposals: Buyer's Proposal refers to the Buyer's planned construction,
operation, and maintenance of an outdoor advertising structure on the Property, as set forth in a
document entitled "LAMAR letter of intent" which is dated April 28, 2021, a copy of which is
made a part hereof and marked as Exhibit 1.
Closing: The consummation of this Contract, as more particularly described in Section 11.
Closing Date: The date provided for in Section 11 hereof for the Closing.
(00332518-1 ) 1
Contemplated Use: Buyer intends to construct, operate, and maintain an outdoor advertising
structure on the Property,
Days: Unless otherwise stated, this term means consecutive calendar days.
Effective Date: The date listed in the first paragraph of this Contract, which shall be the date this
Contract is signed by Seller and delivered to Buyer.
Improvements: Any and all improvements,and all appurtenances thereto,located on the Property
at the time of Closing.
Project: This term means and includes the development of the Property necessary to construct,
an outdoor advertising structure, all in accordance with the terms and provisions of this Contract.
Property: The property,together with any Improvements thereon,located at 501 Norfolk Avenue,
Official Tax Map No. 1110713 respectively, an approximate aggregate total acreage of 0.0786
acres, as shown on Exhibit 2.
Title Commitment: A commitment for title insurance in favor of Buyer for the Property to be
issued by the Title Company.
Title Company: Any nationally recognized title insurance company acceptable to Buyer.
SECTION 2. PURCHASE AND SALE OF PROPERTY,
A. Seller agrees to sell the Property to Buyer, and Buyer agrees to purchase the Property from
Seller, upon all the terms, covenants, and conditions set forth in this Contract.
B. The purchase price for the Property("Purchase Price")shall be Eight Thousand and No/100
Dollars($8,000.00)payable by cash, certified check or wire transfer from Buyer at Closing
as more fully set forth in Section 11.
SECTION 3. CONDITIONS FOR COMPLETION OF CONTRACT.
A. As a condition precedent to Buyer's obligation to purchase the Property or otherwise to
perform any obligations provided for in this Contract, the Seller, as of the Closing, shall
have complied with the Seller's representations and warranties in Section 10 of this
Contract, and the fulfillment to the Buyer's reasonable satisfaction of the Seller's delivery
to Buyer on the Closing Date of title to the Property and other documents as prescribed in
Section 4. As a condition precedent to Seller's obligation to sell the Property or otherwise
perform any obligations provided for in this Contract, the Buyer, as of the Closing, shall
have complied with the Buyer's obligations, representations, and warranties in this
Contract.
B. Buyer and/or Seller may, at any time on or before the Closing Date, at its election, waive
in writing any of the other party's conditions precedent referenced in this Section 3, and
Buyer's and Seller's consummation of the transaction on the Closing Date shall waive all
such conditions precedent.
100332518-11 2
C. In the event Closing has not occurred through no fault of the Seller on or before the Closing
Date, the Seller, at its sole election, by written notice given to the Buyer, may terminate
this Contract. Seller, at its sole option, may also by written notice to Buyer give Buyer an
additional amount of time from the Closing Date in which to deliver the Purchase Price
and proceed with Closing. If Closing has not occurred within such additional time period
through no fault of the Seller, this Contract shall automatically be terminated without any
further action. In the event of any termination as set forth above, this Contract shall be
deemed terminated and of no further force and effect.
D. Buyer shall have 60 Days after the Effective Date as a Feasibility Period ("Feasibility
Period") during which Buyer shall have the right to enter the Property to investigate all
aspects of the Property to make such marketing, financial, surveying, architectural,
engineering, topographical, geological, soil, subsurface, environmental, water drainage,
and traffic studies and any other audits, investigations, inspection, evaluations, studies,
tests, borings, and measurements as Buyer deems necessary or advisable (collectively,
"Investigations") to determine whether there exist any issues with that would prevent or
increase the cost of Buyer's intended use of the Property. Should Buyer in Buyer's sole
discretion determine during such Feasibility Period for any reason that the Property is not
suitable for use by the Buyer for the Contemplated Use, Buyer shall notify the Seller in
writing as soon as reasonably possible,but in no event later than five(5)Days after the end
of such Feasibility Period,of Buyer's decision to terminate the Contract. In such case,this
Contract shall thereupon be terminated and of no further force and effect,unless Seller and
Buyer mutually agree to modify this Contract to address any issues discovered by Buyer.
E. In connection with the Buyer's ability to conduct the Investigations mentioned above, the
Seller hereby grants to Buyer, its officers, agents, employees, contractors, subcontractors,
licensees, designees, representatives, and consultants, a revocable right to enter upon the
Property at any time during the Feasibility Period, upon one (1) working day prior
telephonic or electronic mail notice to Seller's representative, who is Marc Nelson, with a
telephone number of (540)853-2717 and an electronic mail address of
marc.nelson@roanokeva.gov, in order to conduct Investigations of the Property upon the
following terms and conditions:
(i) If the Buyer exceeds its rights granted under this Section or fails to obtain and
maintain the insurance required by this Section 3, the Seller may revoke this right of entry
upon one (1) working day prior telephonic or electronic mail notice to Buyer's
representative, who is Aaron Brady, with a telephone number of 540-345-0494 and an
electronic mail address of abrady@lamar.com.
(ii) Buyer agrees to be responsible for any and all damages resulting from the activity
or activities of Buyer, its officers, agents, employees, contractors, subcontractors,
licensees,designees, representatives and consultants, on the Property in the exercise of the
rights granted under this Section 3. Buyer shall, at its sole cost, promptly and fully restore
any land disturbed by the exercise of the rights under this Section 3 to a condition
substantially equal to that existing immediately prior to entry on the Property (subject to
minor clearing of vegetation reasonably necessary for the performance of the
Investigations).
{00332519-1 ] 3
(iii) Buyer agrees and binds itself and its successors and assigns to indemnify,keep and
hold the Seller and its officers, agents,employees, volunteers, and representatives free and
harmless from any and all liability,claims,causes of action,costs and damages of any type,
including attorney's fees (collectively, "Claims"), on account of any injury or damage of
any type to any person or property growing out of or directly or indirectly resulting from
any act or omission of Buyer including,but not limited to,Buyer's use of the Property prior
to Closing in violation of any provision of this Contract or the exercise of any right or
privilege granted by or under this Section 3; provided, however, that such indemnity shall
not extend to any Claims arising primarily from the negligence or intentional misconduct
of one or more of Seller or its officers, agents, employees,volunteers, and representatives.
In the event that any suit or proceeding shall be brought against the Seller or any of its
officers, employees, agents, volunteers, or representatives, at law or in equity, either
independently or jointly with Buyer, its officers, agents, employees, contractors,
subcontractors, licensees, designees, representatives and consultants, on account of any
Claim to which Buyer's indemnity applies, Seller shall provide Buyer with notice of such
suit or proceeding and Buyer, upon notice given to it by the Seller or any of its officers,
employees, agents, volunteers or representatives, will pay all costs of defending Seller or
any of its officers, employees, agents, volunteers or representatives, as applicable, in any
such action or other proceeding. In the event of any settlement or any final judgment being
awarded against the Seller or any of its officers, employees, agents, volunteers or
representatives,either independently orjointly with Buyer, its officers, agents, employees,
contractors, subcontractors, licensees, designees, representatives and consultants, in any
such suit or proceeding regarding any Claim to which Buyer's indemnity under this clause
(iii) applies, then Buyer will pay such settlement or judgment in full or will comply with
such order or decree (to the reasonably possible), will pay all costs and expenses incurred
in connection with such Claim by Seller or its officers, employees, agents, volunteers or
representatives, including attorney's fees, and hold the Seller or any of its officers,
employees, agents, volunteers or representatives harmless therefrom.
(iv) Buyer shall, at its sole expense, obtain and maintain, and have its contractors or
representatives obtain and maintain,the insurance set forth below. Any required insurance
shall be effective prior to the beginning of any Investigations. The following policies and
coverages are required:
(a) Commercial General Liabilitv. Commercial General Liability insurance or
its equivalent,written on an occurrence basis,shall insure against all Claims
from loss of life or damage or injury to persons or property arising out of
Buyer's acts or omissions. The minimum limits of liability for this coverage
shall be $1,000,000 combined single limit for any one occurrence.
(b) Contractual Liabilitv. Coverage for Contractual Liability as defined by
terms in the policy.
(c) Workers' Compensation. If applicable, Workers' Compensation insurance
covering Buyer's statutory obligation under the laws of the Commonwealth
of Virginia and Employers Liability insurance shall be maintained for all
its employees engaged in work under Section 3. Minimum limits of liability
100332518-11 4
for Employer's Liability shall be $100,000 bodily injury by accident each
occurrence; $500,000 bodily injury by disease(policy limit); and $100,000
bodily injury by disease (each employee). With respect to Workers'
Compensation coverage, the insurance company shall waive rights of
subrogation against the Seller and its officers, agents, employees,
volunteers, and representatives.
(d) Automobile Liability. The minimum limit of liability for Automobile
Liability Insurance shall be$1,000,000 combined single limit applicable to
owned or non-owned vehicles used in the performance of any work under
this Section 3 and shall be written on an occurrence basis.
(v) The insurance coverages and amounts set forth above may be met by an umbrella
liability policy following the form of the underlying primary coverage in a minimum
amount of$1,000,000. Should an umbrella liability insurance coverage policy be used,
such coverage shall be accompanied by a certificate of endorsement stating that it applies
to the specific policy numbers indicated for the insurance providing the coverages required
by this section, and it is further agreed that such statement shall be made a part of the
certificate of insurance famished by Buyer to the Seller.
(vi) All insurance shall also meet the following requirements:
(a) Buyer and/or its contractors, consultants and representatives shall furnish
Seller with a certificate or certificates of insurance showing the type,
amount, effective dates and date of expiration of the policies. All such
insurance shall be primary and noncontributory to any insurance or self-
insurance Seller may have.
(b) Buyer shall immediately notify Seller in writing if any of the insurance
policies or coverages required are canceled, and shall immediately replace
such insurance and provide documentation of such to the Seller.
(c) The required insurance policies and coverages, except as to Workers'
Compensation and Employer's liability, shall name the Seller Parties as
additional insureds. The certificate of insurance shall provide that Seller is
an additional insured if required by contract.
(d) Any insurance company providing coverage hereunder shall be authorized
to do business in the Commonwealth of Virginia, shall be financially stable,
and have an A.M. Best's rating of A-VII, or better.
F. Upon the request of Seller, Buyer, its officers, agents, employees, contractors,
subcontractors, licensees, designees, representatives and consultants, shall within a
reasonable period of time after receipt of any preliminary or final survey, test results or
conclusory reports and opinion statements, deliver copies of same to Seller. If Seller so
requests, Buyer shall also turn over copies of raw data obtained and any laboratory and
observation reports or analyses. Such copies of all the above shall be provided to Seller
without charge. The provisions of this Subsection F shall not apply to proprietary
{00332518-1 I 5
information generated by Buyer, including but not limited to sales estimates, market
studies, and information related to Buyer's building prototypes.
G. Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees,
representatives and consultants, shall at all times comply with all applicable federal, state,
and local laws, rules, and regulations governing Buyer's Investigations or Buyer's
performance of its obligations under this Contract. Buyer, its officers, agents, employees,
contractors, subcontractors, licensees, designees, representatives and consultants, prior to
exercising any rights under Section 3,shall obtain,at their cost,any and all required permits
and/or licenses for any such work.
SECTION 4. BUYER'S AND SELLER'S OBLIGATIONS.
A. Seller agrees that it will do the following:
(i) Seller agrees to sell to Buyer the Property.
(ii) Seller will deliver to the Buyer a special warranty deed at Closing in accordance
with the terms of this Contract.
B. Buyer agrees and promises that it will do and/or has done the following:
(i) Buyer shall purchase the Property from the Seller AS IS subject to all easements,
restrictions, and covenants of record for the Purchase Price of Eight Thousand and
No/100 Dollars ($8,000.00) and will make payment in accordance with the terms
of this Contract.
(ii) Buyer acknowledges and agrees that Seller makes no representations or warranties
with respect to the Property other than what is contained within this Contract.
(iii) Buyer agrees that Buyer is taking the Property in an AS IS condition without any
warranties or representations from Seller, and that Buyer has had or will have
sufficient opportunities to fully examine the Property and that the Buyer shall
comply with all environmental and other laws.
(iv) Buyer shall promptly pay for all advertising costs and any related fees or costs
incurred by Seller in complying with legal requirements that are prerequisites to
Seller's execution of this Contract and the performance of Seller's obligations
under this Contract, including, but not limited to costs for any advertisement of
required public hearing(s). Such payments shall be made directly to the entity
providing the advertising or other service, or to the City, as the City may direct.
SECTION 5. COMPLIANCE WITH LAWS.
Buyer agrees to and shall comply with all applicable federal, state,and local laws, ordinances, and
regulations,including all applicable licensing requirements,related to the purchase of the Property
or the development thereof. Buyer further agrees that Buyer does not, and shall not during the
100332518-1 } 6
performance of this Contract, knowingly employ an unauthorized alien as defined in the federal
Immigration Reform and Control Act of 1986.
SECTION 6. ASSIGNMENT.
Buyer agrees not to assign or transfer any part of this Contract without the prior written consent of
Seller, which will not be unreasonably withheld, and any such assignment shall not relieve Buyer
from any of its obligations under this Contract.
SECTION 7. INDEMNITY.
Buyer agrees to indemnify and hold harmless the Seller and its officers, directors, and employees
free and harmless for and from any and all claims, causes of action, damages or any liability of
any type,including reasonable attorney's fees,on account of any claims by or any injury or damage
to any persons or property growing out of or directly or indirectly resulting or arising in any way
out of any actions, omissions, or activities of Buyer or its agents, employees, contractors, or
representatives arising out of or connected in any way to any of the matters involved in this
Contract or any performance thereunder.
SECTION 8. FORUM SELECTION AND CHOICE OF LAW.
By virtue of entering into this Contract, Buyer agrees and submits itself to a court of competent
jurisdiction, which shall be the Circuit Court or General District Court for City of Roanoke,
Virginia, and further agrees this Contract is controlled by the laws of the Commonwealth of
Virginia, with the exception of Virginia's conflict of law provisions which shall not apply, and
that all claims, disputes and other matters shall be decided only by such court according to the laws
of the Commonwealth of Virginia as aforesaid. Buyer further waives and agrees not to assert in
any such action, suit or proceeding, that it is not personally subject to the jurisdiction of such
courts, that the action, suit or proceeding, is brought in an inconvenient forum or that the venue of
the action, suit or proceeding, is improper.
SECTION 9. EASEMENTS.
In connection with Buyer's applications for Permits, Buyer promises and agrees to grant and
dedicate to the Seller and/or the Western Virginia Water Authority all reasonably necessary
easements on the Property for the construction,operation,maintenance,and repair of infrastructure
improvements needed for or benefiting the Property or surrounding areas, including, but not
limited to, storm drainage, sanitary sewers, and/or water, all at no cost to the Seller and/or the
Western Virginia Water Authority. Any such easement shall not materially and adversely interfere
with Buyer's proposed development, and must be approved by Buyer's engineers and surveyors.
Notwithstanding the foregoing, Buyer accepts the Property with all Permitted Exceptions,
including existing storm drains, sanitary sewers, and/or water lines and all utility easements (the
"Existing Rights and Easements"). Unless Buyer and Seller agree otherwise,Buyer shall be solely
responsible for all costs associated with any relocation of Existing Rights and Easements which
may be required to accommodate the Buyer's proposed development.
SECTION 10. COVENANTS AND WARRANTIES.
JW332518-1 1 7
A. In addition to any representations and warranties contained elsewhere in this Contract,
Seller warrants and represents that Seller will, in accordance with this Contract, convey title to the
Property in an AS IS condition and subject to any items of record and any matters disclosed by the
survey to be completed by Buyer.
B. The Seller represents and warrants with respect to the Property that:
(i) Title. Seller has title to the Property subject to any restrictions, covenants, and
easements of record and any matters which a survey would disclose. Seller is the
sole owner of the Property.
(ii) Condemnation. Seller has no knowledge of any pending or threatened proceedings
for condemnation or the exercise of the right of eminent domain as to any part of
the Property or the limiting or denying of any right of access thereto.
(iii) Hazardous Materials. Seller makes no warranties or representations of any type
regarding hazardous materials of any type.
(iv) Access. Ingress to and egress from the Property is available and provided by
Norfolk Avenue, S.W., and 5`" Street, S.W.
SECTION 11. TITLE AND CLOSING.
A. Title to the Property, in accordance with the Survey, shall be conveyed by Seller to Buyer
by Special Warranty Deed in an AS IS condition (the "Deed") subject to the following:
(i) Ad valorem real property taxes for the current year, not yet due and payable,
stormwater utility fees, for the current year, not yet due and payable, and solid
waste fees, for the current year, not yet due and payable;
(ii) Those matters of title to which Buyer has not objected to in writing;
(iii) Those matters reflected on the Survey to which Buyer has not objected to in
writing;
(iv) Easements and other restrictions of record as shown on the Title Commitment;
(v) Liens shown on the Title Commitment not objected to by Buyer;
(vi) Other customary and usual exceptions not adversely affecting title; and
(vii) Those items and matters set forth in this Contract and that the obligations and
undertakings of the Buyer in this Contract shall survive Closing and be
incorporated into the Deed.
B. Delivery of title in accordance with the foregoing shall be evidenced by the willingness on
the Closing Date of the Title Company to issue, upon payment of its normal premium, to
Buyer its A.L.T.A.(Form B)Owner's Policy of Title Insurance(the"Title Policy")insuring
(00332518-1 } 8
Buyer in the amount of the Purchase Price in respect to the Property and that title to the
Property is vested in Buyer subject only to the Conditions of Title.
C. Provided all conditions under Section 3 have been satisfied, Buyer and Seller shall
consummate and complete the Closing of this transaction on the date(the"Closing Date")
that is thirty(30) Days after satisfaction of all conditions set forth in Section 3. The Buyer
shall designate the specific Closing date in writing to Seller at least ten(10)business days
in advance thereof(the"Closing Date"). However, such Closing shall occur no later than
March 31, 2022, unless the City grants further extension periods.
D. The purchase and sale of the Property shall be closed(the "Closing") at 10:00 A.M. on the
Closing Date in the Office of the City Attorney, or at such other location,date, and time as
shall be approved by Buyer and Seller.
(i) On the Closing Date, Seller shall deliver or cause to be delivered to Buyer the
following documents:
(a) Its duly executed and acknowledged Special Warranty Deed conveying to
Buyer the Property in accordance with the provisions of this Contract;
(b) A mechanic's lien affidavit executed by a representative of Seller,
satisfactory to the Title Company, and to the effect that no work has been
performed on the Property by Seller in the one hundred twenty-five (125)
Days immediately preceding the Closing Date that could result in a
mechanic's lien claim, or, if such work has been performed, it has been paid
for in full;
(c) Such evidence and documents including,without limitation,a certified copy
of the ordinance adopted by the Seller, as may reasonably be required by
the Title Company evidencing the authority of the person(s) executing the
various documents on behalf of Seller in connection with its sale of the
Property;
(d) A duly executed counterpart of a Closing Statement; and
(e) Any other items required to be delivered pursuant to this Contract.
E. At Closing, real property taxes (if any), storrnwater utility fees, and solid waste fees shall
be prorated,with Buyer being responsible for the date of Closing and all periods thereafter.
F. Buyer shall pay for(i)the cost of all Investigations of the Property including but not limited
to examination of title and title insurance premiums for issuance of the Title Policy; (ii) all
attorney's fees and expenses incurred by legal counsel to Buyer; and (iii) any Grantee's tax
and recording costs required to be paid in connection with the recording of the Deed.
G. Seller shall pay the Grantor's tax, if any, and the expenses of legal counsel for Seller, if
any.
100332519-1 ) 9
H. Exclusive possession of the Property shall be delivered to Buyer on the Closing Date,
subject to the provisions of this Contract.
1. At Closing, Buyer shall deliver the Purchase Price to the Seller.
SECTION 12. CONDEMNATION.
Seller has no actual knowledge of any pending or threatened condemnation of the Property.
However, if, after the date hereof and prior to the Closing Date, all or any part of Property is
subjected to a bona fide threat of condemnation or condemned or taken by a body having the power
of eminent domain or a transfer in lieu of condemnation, Buyer shall be promptly notified thereof
in writing and within twenty (20) Days after receipt of written notice to Buyer, Buyer may by
written notice to Seller elect to cancel this Contract prior to the Closing Date, in which event all
parties shall be relieved and released of and from any further duties, obligations, rights, or
liabilities hereunder, and thereupon this Contract shall deemed terminated and of no further force
and effect. If no such election is made by the Buyer to cancel this Contract, this Contract shall
remain in full force and effect and the purchase contemplated herein, less any interest taken by
condemnation or eminent domain, shall be effected with no further adjustments, and upon the
Closing Date, Seller shall credit, assign, transfer, and set over to Buyer all of the right, title, and
interest of Seller in and to any awards that have been or that may thereafter be made for any such
taking or takings, or conveyance in lieu thereof.
SECTION 13. RISK OF LOSS.
Risk of Loss by fire or other casualty shall be upon Seller until Closing is completed, except if
such loss is the result of acts or omissions of the Buyer or Buyer's employees, agents, contractors,
or representatives, in which case such loss shall be Buyer's responsibility. If the Property is
substantially damaged or destroyed before Closing by such casualty, then Buyer may cancel this
Contract by giving Seller thirty (30) Days' written notice of such cancellation and neither party
will have any further obligations to the other and Seller shall not be liable to the Buyer for any
failure to deliver the Property to Buyer.
SECTION 14. DEFAULT.
If Buyer defaults hereunder, Seller shall have all remedies available to it at law or in equity,
including, without limitation, the right to terminate this Contract and recover from Buyer all costs
and expenses incurred by Seller in connection with Seller's negotiation, administration, and
performance under the Contract, which amounts Buyer will pay to Seller within thirty (30) days
after written demand from Seller accompanied by reasonable evidence of such costs and expenses.
If Seller defaults hereunder, Buyer shall have all remedies available to it at law or in equity,
including, without limitation, specific performance.
SECTION 15. COMMISSIONS.
Seller and Buyer each warrants and represents to the other that no person or entity can properly
claim a right to a commission, finder's fee, or other compensation based upon contracts or
understandings between such claimant and Buyer or Seller with respect to the transaction
contemplated by this Contract. Buyer agrees to indemnify Seller against and to hold it harmless
100332518 1 ) 10
from any claim, loss, cost, or expense, including, without limitation, attorneys' fees, resulting
from any claim for a commission, finder's fee, or other compensation by any person or entity
based upon such contacts or understandings.
SECTION 16. NOTICES.
All notices hereunder must be in writing and shall be deemed validly given, by personal service,
if sent by certified mail, return receipt requested, or by a nationally recognized overnight courier,
addressed as follows (or any other address the party to be notified may have designated to the
sender by like notice):
If to Seller: City of Roanoke, Virginia
ATTN: City Manager
364 Noel C. Taylor Municipal Building
215 Church Avenue, SW
Roanoke, Virginia 24011
Fax No. 540-853-2333
With a Copy to: Assistant City Manager for Community Development
City of Roanoke
364 Noel C. Taylor Municipal Building
215 Church Avenue, SW
Roanoke,VA 24011
Fax No. 540-853-2333
If to Buyer: TLC Properties, Inc.
Aaron Brady, Real Estate Manager
1545 Patrick Road
Roanoke, Virginia 24012
540-345-0494
abrady@lamar.com
With a copy to: Compton Biddle, Esq.
PO Box 279
110 E. 1st Street
Salem, VA 24153
540.725.8197
cbiddle@opnlaw.com
Notice shall be deemed delivered upon the date of personal service, two days after deposit in
the United States mail, or the day after delivery to a nationally recognized overnight courier.
SECTION 17. TIME.
Time is of the essence in the parties' respective obligations under this Contract.
{00332518-1 ) 11
SECTION 18. SUCCESSORS AND ASSIGNS.
This Contract shall inure to the benefit of and be binding upon the parties hereto and their
respective successors and assigns.
SECTION 19. COUNTERPART COPIES. DELIVERY.
This Contract may be executed in two or more counterparts, and all such counterparts so
executed shall constitute one Contract binding on all of the parties hereto, notwithstanding that
all of the parties are not signatory to the same counterpart. Delivery of this Contract by
electronic means shall constitute personal delivery,and signed electronic copies of this Contract
shall be admissible as signed originals.
SECTION 20. CONSTRUCTION.
The parties acknowledge that each party and its counsel have reviewed and revised this Contract
and that the normal rule of construction to the effect that any ambiguities are to be resolved
against the drafting party shall not be employed in the interpretation of this Contract or any
amendments or exhibits hereto.
SECTION 21. SEVERABILITY AND SURVIVAL.
If any term of this Contract is found to be invalid, such invalidity shall not affect the remaining
terms of this Contract, which shall continue in full force and effect. The parties intend for the
provisions of this Contract to be enforced to the fullest extent permitted by applicable law.
Accordingly,the parties agree that if any provisions are deemed not enforceable by any court or
agency of competent jurisdiction,they shall be deemed modified to the extent necessary to make
them enforceable. The provisions of Sections 3.E(ii) and 3.E(iii) (indemnity and repair
obligations), and Section 7 (Indemnity) survive Closing.
SECTION 22. COOPERATION.
Each party agrees to cooperate with the other in a reasonable manner to carry out the intent and
purpose of this Contract. Such cooperation shall not include the obligation of any party to incur
expense to accomplish tasks assigned to the other party hereunder.
SECTION 23. AUTHORITY TO SIGN.
The persons who have executed this Contract on behalf of the parties represent and warrant they
are duly authorized to execute this Contract on behalf of their respective entity.
SECTION 24. NONWAIVER.
Each party agrees that any party's waiver or failure to enforce or require performance of any
term or condition of this Contract or any party's waiver of any particular breach of this Contract
by any other party extends to that instance only. Such waiver or failure is not and shall not be
a waiver of any of the terms or conditions of this Contract or a waiver of any other breaches of
the Contract by any party and does not bar the nondefaulting party from requiring the defaulting
[00332518-1 ) 12
party to comply with all the terms and conditions of this Contract and does not bar the
nondefaulting party from asserting any and all rights and/or remedies it has or might have
against the defaulting party under this Contract or by law.
SECTION 25. 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 26. CONFLICT BETWEEN PLANS AND CONTRACT TERMS.
Seller and Buyer agree that the provisions of the plans and other documents provided by Buyer
to Seller in the Buyer's Proposal are intended to be consistent with the terms of this Contract.
However, if any of Buyer-supplied documents and/or such plans are in conflict with the terms
of this Contract, the parties agree that the terms of this Contract shall control, unless the parties
mutually agree otherwise in a writing signed by both parties.
SECTION 27. NONDISCRIMINATION.
During the performance of this Contract and only with respect to work performed in connection
with this Contract and the Property, Buyer agrees as follows:
A. Buyer will not discriminate against any employee or applicant for employment because of
race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state
law relating to discrimination in employment, except where there is a bona fide occupational
qualification reasonably necessary to the normal operation of the Buyer. Buyer agrees to post in
conspicuous places,available to employees and applicants for employment,notices setting forth
the provisions of this nondiscrimination clause.
B. Buyer in all solicitations or advertisements for employees placed by or on behalf of Buyer
will state that Buyer is an equal opportunity employer.
C. Notices, advertisements and solicitations placed in accordance with federal law, rule or
regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.
D. Buyer will include the provisions of the foregoing in every subcontract or purchase order
of over$10,000, so that the provisions will be binding upon each subcontractor or vendor.
This obligation terminates at Closing.
SECTION 28. DRUG-FREE WORKPLACE.
During the performance of this Contract and only with respect to work performed in connection
with this Contract and the Property, Buyer agrees to (i) provide a drug-free workplace for
Buyer's employees; (ii) post in conspicuous places, available to employees and applicants for
employment, a statement notifying employees that the unlawful manufacture, sale, distribution,
dispensation, possession, or use of a controlled substance or marijuana is prohibited in the
workplace and specifying the actions that will be taken against employees for violations of such
;00332518-1 ) 13
prohibition; (iii)state in all solicitations or advertisements for employees placed by or on behalf
of Buyer that Buyer maintains a drug-free workplace; and (iv) include the provisions of the
foregoing clauses in every subcontract or purchase order of over$10,000, so that the provisions
will be binding upon each subcontractor or vendor.
For the purposes of this section, "drug-free workplace'means a site for the performance of work
done in connection with a specific contract awarded to a contractor, the employees of whom are
prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation,
possession or use of any controlled substance or marijuana during the performance of the
contract.
This obligation terminates at Closing.
SECTION 29. COMPLIANCE WITH STATE LAW; FOREIGN AND DOMESTIC
BUSINESSES AUTHORIZED TO TRANSACT BUSINESS IN THE
COMMONWEALTH OF VIRGINIA.
Buyer shall comply with the provisions of Virginia Code Section 2.2-4311.2,as amended,which
provides that a contractor organized as a stock or nonstock corporation, limited liability
company, business trust, or limited partnership or registered as a registered limited liability
partnership shall be authorized to transact business in the Commonwealth as a domestic or
foreign business entity if so required by Title 13.1 or Title 50 or as otherwise required by law.
Buyer shall not allow its existence to lapse or its certificate of authority or registration to transact
business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or
cancelled at any time during the term of the Contract. Seller may void the Contract if Buyer
fails to remain in compliance with the provisions of this section.
SECTION 30. APPROPRIATION OF FUNDS.
All obligations for fundings undertaken by Seller in connection with this Contract are subject to
the availability of funds and the appropriation of such funds by City Council as may be necessary
for such obligations or funding. If any such funding is not approved, withdrawn, or otherwise
not made available for this Contract, with the result that Seller is unable to perform its
obligations under this Contract, Seller shall provide Buyer with written notice of such
unavailability of funding.
SECTION 31. FORCE MAJEURE.
Neither party shall be in default or otherwise liable for any delay in or failure of its performance
under this Contract if such delay or failure arises by any reason beyond its reasonable control,
including any act of God, any acts of common enemy, the elements, earthquakes, floods, fires,
epidemics, riots, strikes, failures or delay in transportation or communication, shortages of
material, approval delays or any act or failure to act by the other party or such other party's
employees, agents or contractors; provided,however, that lack of funds shall not be deemed to
be a reason beyond a party's reasonable control. The Parties shall promptly inform and consult
with each other as to any of the above causes which in their judgment may or could be the cause
of a delay in the performance of this Agreement.
(00332518-1 1 14
For purposes of this Contract, any one (1) delay caused by any such occurrence shall not be
deemed to last longer than four(4) months and the party claiming delay caused by any and all
such occurrences shall give the other party written notice of the same within 30 days after the
date such claiming party learns of or reasonably should have known of such occurrence.
Notwithstanding anything else set forth above, after a total of six (6) months of delays of any
type have been claimed by a party as being subject to force majeure,no further delays or claims
of any type shall be claimed by such party as being subject to force majeure and/or being an
excusable delay.
SECTION 32. ENTIRE CONTRACT.
This Contract, together with the exhibits hereto, contains all representations and the entire
understanding between the parties hereto with respect to the subject matter hereof. Any prior
correspondence, memoranda, or contracts are replaced in total by this Contract and the exhibits
hereto. No amendment to this Contract shall be valid unless made in writing and signed by the
appropriate parties.
(SIGNATURE PAGE TO FOLLOW)
[00332518-1 ] 15
IN WITNESS WHEREOF, Buyer and Seller have executed this Contract by their authorized
representatives.
ATTEST: CITY OF ROANOKE, VIRGINIA
By
Robert S. Cowell, Jr., City Manager
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE, to-wit:
The foregoing instrument was acknowledged before me this_day of , 2021,by Robert
S. Cowell, Jr., City Manager for the City of Roanoke, Virginia for and on behalf of said
Municipal Corporation.
My commission expires:
Notary Public
SEAL
TLC Properties, Inc.
By
Stephen Sanford, General Manager
To-Wit:
The foregoing instrument was acknowledged before me this _day of , 2021, by
Stephen Sanford, General Manager of TLC Properties, Inc. a Virginia corporation for and on
behalf of such entity.
My commission expires:
Notary Public
SEAL
{00332519-1 ) 16
Approved as to Form: Approved as to Execution:
City Attorney City Attorney
Authorized by Ordinance No.
X00332519-1 } 17
EXHIBIT 1
TLC Properties Inc., Letter of Intent
(00332518-1 ) 18
EXHIBIT z
Property Plat
(00332518-1 ) 19
RECEIVED
�� U y 2021 The Roanoke Times AuouM Number
OFFICE CF THE Roanoke,Virginia 0012304
CITU MANAGER
Affidavit of Publication
CITY OF ROANOKE COMMUNITY November 05,2021
DEVELOPEMENT
AIN OFFICE OF CITY MANAGER
215 CHURCH AVENUE,S.W.SUITE 150
ROAROKE,VA21011
Dale Cale" Desclb0on ACSbe Total Cort
11/1/12021 Legal Nokmr NOTICE OF PUBLIC HEARING PurwMM the rLRlkremeMa 1 z 71 L 393.28
Publisher of the
NOTICE OF PUBLIC HEARING Roanoke Times
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a.m..:may ...
Marto In the council State of Virginia,do corffy that the annexed notice NOTICE OF
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(¢Tater') My Commission expires My Comm.Expires Nov. 30,2025
THIS IS NOT A BILL PLEASE PAY FROM INVOICE. THANK YOU
NOTICE OF PUBLIC HEARING
Pursuant to the requirements of Sections 15.2-1800.13 and 15.2-1813, Code of Virginia(1950), as
amended, notice is hereby given that the Council of the City of Roanoke will hold a public hearing
on November 15, 2021, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the
Council Chamber,4" Floor, Room 450,Noel C. Taylor Municipal Building, 215 Church Avenue,
S.W., Roanoke, Virginia, 24011, to receive public comments on the proposed sale of 0 Norfolk
Avenue, S.W. bearing Official Tax Map No. 1110713, TLC Properties, local operator of Lamar
Advertising,proposes to purchase this property for$8,000.
This public hearing may be conducted by electronic communication means due to the COV ID-19
pandemic disaster. All persons wishing to address City Council must sign-up with the City Clerk's
Office by emailing clerk@roanokeva.gov roanokeva.gov or calling (540) 853-2541 by 12:00 noon, on Monday,
November 15, 2021. Citizens who register will be provided information to present their testimony
via electronic communications means should the public hearing be conducted by electronic
communications means due to COVID-19 pandemic disaster.
The full text of the proposed contract and ordinance is available on and after November 5, 2021,
from the Office of the City Clerk, 4" Floor, Room 456, Noel C. Taylor Municipal Building, 215
Church Avenue, S.W., Roanoke,Virginia,24011. Should these offices be closed to the public due
to the COVID-19 pandemic disaster, copies are available by contacting the City Clerk, by
telephone, at (540) 853-2541, or by email at clerk na roanokeva.gov. For further information on
the matter, you may contact the Office of the City Clerk 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"fhursday, November 11, 2021.
Given under my hand this 5th day of November 2021.
Cecelia F. McCoy, City Clerk
Note to Publisher:
Please publish once in the Roanoke Times, legal notices, on Friday,November 5, 2021.
Please send bill to: Please send affidavit of publication to:
Brent Robertson, Assistant City Manager Cecelia F. McCoy, City Clerk
For Community Development 4" Floor, Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364 215 Church Avenue, S.W., Room 456
Roanoke, Virginia, 24011 Roanoke, Virginia, 24011
The Roanoke Times Aacunt Number
Roanoke,Virginia 8005113
Affidavit of Publication
oete
CITU OF ROANOKE-PLANNING BUILD November 22,2021
Alin Keith Holland
215 CHURCH AVE SW
ROOM 305
ROANOKE,VA 24011
Date Cale9ory Descriplon Ad Size Tptel Cost
11/0812021 Airy-VirglrYa ROA WD 3x 0.001N 2,495.40
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 3X10 was
published in said newspapers on the following dates:
1013112021
The First insertion being given... 10131/2021
Newspaper reference: 0001274189
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Billing Representative
Swom to and subscribed bef07 our this 22.d D"ol Nbvember2aN
Notary kbile Linn Thuv Le
Notary Public
State Of Virginia Commonwealth of Virginia
County Of Hanover Reg. No. 7953581
My commission expires
My Comm. Expires Nov 30,2025
THIS IS NOT A BILL PLEASE PAY FROM INVOICE. THANK YOU
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Effective Moedat,Nmember 1.2021,a
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to encourage residents and sMkehold-
em of t)m City of fist(City)for
commentsrelated N Me Proposed
mastiff U.s.department of HOWrg aid
Urban Devadopment MUD)entlikrnem
funds for elglale aMvkles to be Under
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covered in the CIWs ProfaMed 201
M23 HIM Annual Plan Update(AMual
Plan Update)to the City's 2W0 2020 5
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meet Block Gram (COGG), HOME M
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when harmklrq comments for the
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mp July 1.2022 and oftell M
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Cecelia E MCCOy,City MIA
_ L-
NOTICE OF PUBLIC COMMENT PERIOD AND PUBLIC
HEARING
CITY OF ROANOKE
PROPOSED 2022-2023 ANNUAL PLAN UPDATE TO THE
2020-2024 5 YEAR CONSOLIDATED PLAN
Effective Monday, November 1, 2021, a 30 day public comment period is open to encourage
residents and stakeholders of the City of Roanoke(City)for comments related to the proposed uses
of U.S. Department of Housing and Urban Development (HUD) entitlement funds for eligible
activities to be undertaken by the City during the period covered in the City's proposed 2022-2023
HUD Annual Plan Update(Annual Plan Update)to the City's 2020-2024 5 Year Consolidated Plan
("Consolidated Plan")utilizing Community Development Block Grant(CDBG),HOME Investment
Partnership Program(HOME),Emergency Solutions Grant(ESG)and CARES Act(CDBG-CV&
ESG-CV)funds. The total amount of entitlement funds estimated to be received by the City is$2.7
million.This comment period will be open for suggestions from citizens and other stakeholders on
the types and locations of activities to be undertaken by the City,including the estimated amount that
will benefit persons of low to moderate income. Comments may be made by citizens and other
interested stakeholders by phone,email,mail or in person. Interested parties are not required to give
identifying information when submitting comments for the Plan.Entitlement funding received from
HUD will be incorporated into the Annual Plan for the fiscal period beginning July I, 2022 and
concluding on June 30, 2023. The 30 day public comment period will conclude on Wednesday,
December 1, 2021. Comments on the 2022-2023 Annual Plan funding will be accepted through
Wednesday, December 1, 2021, at 4:00 p.m. EDT at the HUD Community Resources Division,
Room 305 North, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke VA
24011 by letter or email to Keith.Holland@roanokeva.gov.
Notice is also hereby given that on Monday,November 15,2021,at 7:00 p.m.,or as soon thereafter
as the matter may be heard, the City Council of Roanoke, Virginia, will meet in the City Council
Chamber, 4`^ Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke,
Virginia, for the purpose of holding a public hearing on the use of HUD entitlement funds for the
City's proposed Annual Plan Update to the Consolidated Plan. All persons shall be afforded an
opportunity to speak and slate their views concerning all aspects of the proposed use of CDBG,
HOME,ESG and CARES Act funding received by the City of Roanoke for the fiscal year beginning
July 1,2022. This comment period will be open for suggestions from citizens and other stakeholders
on the types and locations of activities to be undertaken by the City,including the estimated amount
that will benefit persons of low to moderate income. This public hearing 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 the proposed use of
these funds. Written comments of interested persons will be received by the City Clerk at any time
prior to the hearing. The comments received from the public during the 30 day public comment
period and at the November 15, 2021 public hearing will be used by the City in developing the
Annual Plan Update to the Consolidated Plan. Once a draft of the proposed Annual Plan Update has
been completed, another public hearing will be scheduled for City Council to receive public
comment and consider the matter before the Annual Plan Update is submitted to HUD next year.
Citizens wishing to address City Council must sign-up with the City Clerk's Office by emailing
clerk@roanokeva.gov or by calling (540) 853-2541 by 4:00 p.m., on November 15, 2021.
individuals with a disability needing an accommodation should contact the City Clerk's office by
12:00 noon EDT on Friday November 12,2021- Citizens who register will be provided information
to present their testimony via electronic communications means in the event the public hearing will
be conducted using electronic communications means.
Given under my hand this 31 st day of October, 2021.
Cecelia F. McCoy, City Clerk
NOTE TO ROANOKE TIMES:
Please publish this notice in the Roanoke Times for one day, Sunday, October 31 ,
2021 .
Publish in full, block style. The size of the title must be 16 font type, with the
remainder in 12 font type, This notice may not appear in that portion of the
newspaper reserved for legal notices and classified advertisements.
For questions regarding this notice contact Keith Holland, Department of
Planning, Building and Development, 853 6404.
t
Send publisher's affidavit to: Cecelia McCoy, City Clerk
Room 456, Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011 -1536
Send bill to: Keith Holland
Dept. of Planning, Building and Development
Community Resources Division
Room 305 North, Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011 -1536
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15'h day of November 2021.
No. 42209-111521.
AN ORDINANCE amending and reordaining Ordinance No.42062-051721,adopted by City
Council on May 17, 2021, to define and redefine certain terms to maintain consistency with
guidelines promulgated by the Virginia Department of Taxation,upon certain terms and conditions,
providing for an effective date, and dispensing with the second reading of this ordinance by title.
WHEREAS,Ordinance No.42062-051721 (the"Ordinance"),established new Article XVI,
Disposable Plastic Bag Tax,Chapter 32,Taxation,Code of the City of Roanoke(1979)as amended,
to require grocery store,drug store,and convenience store retailers to collect a tax in the amount of
$0.05 for each disposable plastic bag provided to a customer, as authorized by state law, effective
January 1, 2022;
WHEREAS, the Ordinance defined the term "convenience store" based on the common
meaning of such term. Since the Ordinance was adopted, the Virginia Department of Taxation
published guidelines to be used by localities in implementing the tax which better defined
"convenience store," and further defined the terms "grocery store" and "drug store";
WHEREAS, the City of Roanoke desires to amend the Ordinance to define and redefine
terms in the Ordinance to maintain consistency with the definitions in published in the Virginia
Department of Taxation's guidelines; and
WHEREAS, a public hearing was scheduled and held on November 15, 2021, for City
Council to consider this matter.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as
follows:
I. City Council hereby amends and reordains Ordinance No.42062-051721, adopted
May 17, 2021, to amend Sec-316- Definitions, as follows:
Sec- 316- Definitions.
For the purposes of this article, the following definitions shall apply:
(1) "Convenience Store" means _ of basic
items, sueh as pas&ggej leads and drugssaFe items, and is open AsItendod lioufs 14 th
permanent
structure where stock is displayed and offered for sale and (ii) maintains an inventory of
edible items intended for human consumption consisting of a variety of such items of the
types normally sold in grocery stores.
(2) "Disposable Plastic Bag"means a plastic bag provided by a Retail Establishment
to a customer at the point of sale, for the purpose of packaging personal property, not
manufactured and intended for multiple reuse.
(3) "Drugstore"means an establishment that sells medicines prepared by a licensed
pharmacist pursuant to a Prescription and other medicines and items for home andeg neral
use.
(4) "Grocery store" means an establishment that has an enclosed room in a permanent
structure and that sells food and other items intended for human consumption, including a
variety of ingredients commonly used in the preparation of meals. This definition does
not include food banks farmers markets or mobile food units
(53) "Retail Establishment'means any retailer that is a grocery store, convenience
store, or drugstore.
(64) "Durable Bags"means bags with handles that are reusable, that are at least four
mils thick, and that are specifically designed and manufactured for multiple reuse.
2. Except as amended by this Ordinance, the remainder of the terns and conditions in
Ordinance No.42062-051721,adopted May 17,2021,remain unchanged and in full force and effect.
3. The provisions of this ordinance shall be effective on and after January 1, 2022.
4. Pursuant to Section 12 of the Roanoke City Charter, the second reading of this
ordinance,by title, is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY ATTORNEY David L. Collins
464 MUNICIPAL BUILDING Laura M. Carini
215 CHURCH AVENUE, SW
ROANOKE,VIRGINIA 24011.1595 Douglas P. Barber,Jr.
Kelsey M.Martin
Timothy R. Spencer TELEPHONE 540.853-2431 Jennifer L. Crook
City Attorney FAX 540-853-1221 Assistant City Attorneys
EMAIL: cirynyOroaiokeva.gov
November 15, 2021
The Honorable Sherman P. Lea, Sr., Mayor
and Members of City Council
Roanoke, Virginia
Re: Amendment of Ordinance No. 42062-051721
Authorizing the Disposable Plastic Bag Tax
Dear Mayor Lea and Members of City Council:
Ordinance No. 42062-051721 (the "Ordinance"), adopted by Roanoke City Council on May 17, 2021,
pursuant to Section 58.1-1745 et seq., Code of Virginia (1950), amended Chapter 32, Taxation, Code of the
City of Roanoke (1979), by the addition of new Article XVI, Disposable Plastic Bag Tax, to provide for a
tax in the amount of $0.05 on each disposable plastic bag provided to customers by grocery store,
convenience store, and drugstore retailers located within the City of Roanoke. This tax goes into effect
January 1, 2022, under the terms of the Ordinance.
Since the Ordinance was adopted by Roanoke City Council, the Virginia Department of Taxation has
promulgated guidelines to be used by localities for implementing the tax. These guidelines provide specific
definitions for the terms grocery store, convenience store, and drugstore, which state law did not define at
the time the Ordinance was adopted. The City of Roanoke desires to amend the Ordinance to incorporate the
same definitions for grocery store, convenience store, and drugstore used by the Virginia Department of
Taxation to maintain consistency with the Virginia Department of Taxation's guidelines for this tax.
Recommended Action:
Following the public hearing, adopt the attached ordinance amending Ordinance No. 42062-051721 to
incorporate the definitions I for grocery stores, convenience stores, and drug store retailers used in the
guidelines promulgated by the Virginia Department of Taxation for the disposable plastic bag tax.
Sincerely,
Tit�cer
City Attorney
Enclosure
c: Robert S. Cowell, Jr., City Manager
Clarence Grier, Deputy City Manager
Amelia Merchant, Director of Finance
Cecelia F. McCoy, City Clerk
David L. Collins, Assistant City Attorney
RECEIVED
,IO 1 The Roanoke Times Aecoune xamber
1N� O 2021 Roanoke,Virginia 6017304
OFFICE OF THE Affidavit of Publication
CRY MANAGER
CITY OF ROANOKE COMMUNITY November 05,2021
DEVELOPEMENT
AM OFFICE OF CITY MANAGER
456 NOEL C TAYLOR MUNICIPAL BLDG
215CHURCHAVEMESW
ROANOKE.VA24011
Dole Caweory Description M size T1N COM
111`14=1 Legal Notes NOTICE OF PUBLIC HEARING 1Te City of Rwa wa 1a1(i 1•6e L 475.84
Publisher of the
Roanoke Times
I,(tire undersigned)an aldhodzed rsprsaerdative of the
Roanoke Those,a dally nowepaper published in Roanoke,In the
State of Virginia,do ZwUfy that the annexed notice NOTICE OF
PUBLIC HEARING was published In said newspapers On the
following dates:
111D5t2021
The First Intention belfry given... 11/052021
tlelvsprperrafwenos: 0001276758
1
Billing Representative
Sworn to and subscribed before fro this 661 Oar df o 2021
0
Notary Pubo Unh Thuv Le
State of Virginia NM,Y PubIK
Comm irweahh of Vlralna
County of Hanover Rep.No.7953561
My CorsnMssIW expirsa Mr Grum.Erphes Now 30,2025
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU
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NOTICE OF PUBLIC HEARING
The City of Roanoke will hold a public hearing to consider a proposed amendment to Ordinance
No. 42062-051721, adopted by Roanoke City Council on May 17,2021, which amended Chapter
32, Taxation, Code of the City of Roanoke (1979), as amended, by the addition of new Article
XVI, Disposable Plastic Baa Tax, to provide for a tax in the amount of$0.05 on each disposable
plastic bag provided to customers by grocery store, convenience store, and drugstore retailers
located within the City of Roanoke. The disposable plastic bag tax goes into effect January 1,
2022, under the terms of the ordinance. Since Ordinance No. 42062-051721 was adopted by
Roanoke City Council, the Virginia Department of Taxation has promulgated guidelines for
implementing the tax including defining the terms "grocery store" "convenience store" and
"drugstore." The City of Roanoke desires to amend Ordinance No. 42062-051721 to incorporate
the same definitions for "grocery store" "convenience store" and "drugstore" used by the
Virginia Department of Taxation for consistency purposes.
Copies of the proposed ordinance are available for review in the City Clerk's Office, Room 456,
Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, on and after
November 5, 2021.
Pursuant to Sections 58.1-3007 and 58.1-1745 et seg., Code of Virginia (1950), as amended,
notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on
the above matter at its regular meeting to be held on Monday, November 15, 2021, commencing
at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, 4" Floor,
Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. All
parties and interested entities may appear on the above date and time to be heard on the above
matter. Further information is available from 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 12:00 p.m., on
November 15, 2021. 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 11,2021.
GIVEN under my hand this 5th day of November, 2021.
Cecelia F. McCoy, City Clerk
Note to Publisher:
Please publish once in the Roanoke Times, legal notices, on the following date:
Friday,November 5,2021
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
Phone: (540) 853-2541
Please send invoice to:
Clarence Grier, Deputy City Manager
215 Church Avenue, Room 364
Roanoke, VA 24011
b' CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue,S.W.,Room 456
Roanoke,Virginia 24011-1536
Telephone: (540)853-2541
IF..: (540)853-1145
CECELE-mail: derkaraanokeva.gov
CELEeput T.itEBB,CMC
Cit)�Clerk
CMC Depury Cil Clerk
November 17, 2021
Albert Mack
531 Day Avenue, S. W.
Roanoke, Virginia 24016
Dear Mr. Mack:
Your Petition for Appeal in connection with the decision of the Architectural Review
Board at its meeting on September 9, 2021, denying your Certificate of Appropriateness
application to install aluminum gutters and downspouts at 531 Day Avenue, S. W., which
is not consistent with the H -2 Guidelines, was before the Council of the City of Roanoke
at its regular meeting held on Monday, November 15, 2021.
Based upon the evidence (testimony and documents) presented to this Council at its
November 15 meeting, the decision of the City of Roanoke Architectural Review Board
on September 9, 2021, was reversed and that a Certificate of Appropriateness be issued
to allow the installation of aluminum gutters and downspouts at 531 Day Avenue, S. W.,
as set forth in the Application for Certificate of Appropriateness.
Sincerely,
Cecelia F. McCoy, CMC
City Clerk
Enclosure
PC: Robert S. Cowell, Jr., City Manager
Timothy R. Spencer, City Attorney
Parviz Moosavi, Agent, Architectural Review Board
Tina Carr, Secretary, Architectural Review Board
SUGGESTED MOTION TO AFFIRM THE DECISION OF THE CITY OF
ROANOKE ARCHITECTURAL REVIEW BOARD AND TO DENY THE REQUEST FOR
A CERTIFICATE OF APPROPRIATENESS TO ALLOW THE INSTALLATION OF K-
STYLE GUTTERS ON THE HOUSE AT 531 DAY AVENUE„ S.W.
"Based upon the evidence (testimony and documents) presented to this Council at
today's hearing, I move that the decision of the City of Roanoke Architectural Review Board
on September 9, 2021, be affirmed and that no Certificate of Appropriateness be issued to
allow the installation of K-Style gutters on the house at 531 Day Avenue, S.W., as set forth in
the Application for Certificate of Appropriateness on the grounds that the proposed
installation and location are not architecturally compatible with the structures or historic
landmarks in the 11-2 District."
Or
SUGGESTED MOTION TO REVERSE THE DECISION OF THE CITY OF
ROANOKE ARCHITECTURAL REVIEW BOARD AND TO GRANT THE REQUEST
FOR A CERTIFICATE OF APPROPRIATENESS TO ALLOW THE INSTALLATION OF
K-STYLE GUTTERS ON THE HOUSE AT 531 DAY AVENUE, S.W.
"Based upon the evidence (testimony and documents) presented to this Council at
today's hearing, I move that the decision of the City of Roanoke Architectural Review Board
on September 9, 2021, be reversed and that a Certificate of Appropriateness be issued to
allow the installation of K-Style gutters on the house at 531 Day Avenue, S.W., as set forth in
the Application for Certificate of Appropriateness on the grounds that the proposed
installation and location are architecturally compatible with the structures or historic
landmarks in the H-2 District."
cS� .� CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue,S.W.,Suite 456
�" ib" µ Roanoke,Virginia 24011-1536
_:..: Telephone: (540)853-2541
Fax: (540)853-1145
E-mail elerkp roanokeva.go` C ECELIA I'.e1EBB,CHIC
CECELIA F.MCCOY.CMC Depat>Ciy'Clerk
Citr Clerk
October 1, 2021
The Honorable Mayor Sherman P. Lea, Sr.
and Members of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Lea and Members of Council:
I am enclosing copy of a Petition for Appeal filed by Albert Mack, regarding a decision of
the Architectural Review Board at its meeting on September 9, 2021, denying a request
for the installation of gutters and downspouts for property located at 531 Day
Avenue, S. W., which is not consistent with the H-2 Guidelines. The petition was
received in the City Clerk's Office on Friday, October 1, 2021.
Section 36.2-530(c)(5), Certificate of Appropriateness, Code of the City of Roanoke
(1979), as amended, provides that any property owner aggrieved by any decision of the
Architectural Review Board may present to the City Council a petition appealing such
decision, provided such petition is filed within 30 calendar days after the decision is
rendered by the Board. The Council shall schedule a public meeting and render a
decision on the matter within 60 calendar days of receipt of the petition, unless the
property owner and the Agent to Architectural Review Board agree to an extension.
The Council may affirm, reverse or modify the decision of the Architectural Review
Board, in whole or in part, or refer the matter back to the Board.
With the concurrence of City Council, a public meeting may be scheduled for Monday,
November 15, 2021, at 7:00 p.m., or as soon thereafter as the matter may be heard, to
render a decision with regard to the Petition for Appeal filed by Albert Mack.
Sincerely, ,}
Cecelia F. McCoy, CMC
City Clerk
Enclosure
The Honorable Mayor Sherman P. Lea, Sr.
and Members of Roanoke City Council
October 1, 2021
Page 2
pc: Albert Mack, 531 Day Avenue, S. W., Roanoke, Virginia 24016
Michael Belcher, Contractor, 4433 Olyvia Place, Roanoke, Virginia 24018
Robert S. Cowell, Jr., City Manager
Timothy R. Spencer, City Attorney
Parviz Moosavi, Agent, Architectural Review Board
Tina Carr, Secretary, Architectural Review Board
vullau+u:
IN THE COUNCIL OF THE CITY OF ROANOKE
IN je MATTER OF
) PETITION FOR APPEAL
)
1
This Is a Petition for Appeal from a decbbn of the Architectural Review
the
Board
(36.2- K(ex5 . Zoning ONMance of the Cade of
A 1. Name of tlM POW011046): d�i,�A r,'r ll --
2. Dahhg business as(I applicable): ,^i/A _
3. Street addreeactProPa<tY whichisthe ctMia Ja�p'pea._
tAY (le., d✓o.v)' CLQ iYdlY"iV�', VA
(H.I.Historic DownlOwn Overlay District,or H,2,
4. Hisstoric tie gh 0rh00d WMsy Oletrkt)Of MWOFW'm which b the
subjec&thisappeal: X7-21
5. Date the hearing before the Architectural Board W89 held at
which the decialen being appealed
5. Ssdbn of Me Coda of the City of Roanoke under which the Certificate
of Appropriateness was'squealed from the Architectural Review Board
(Section 38.2.330.if H-1 of Section 36.2331.0 H-2): SF(T¢in �' —i>L
7. Description of the'squau for which the Certificate of Appropriateness
was sought from e Architectural Review B01 i� h
M
a. Grounds for appeal:
411('K.
S. Name.tale,address and te;beftIo:m:Cfi4y
mber of per n(a)who will
ner( > Council:53' Areae ,t�rdv,1GMdhef, (LrrH33 O Plcw Routs ,u� x�olf
(540) 588-0463
WHEREFORE your Petibono(s)MqLmft thet the GWM of the
AmhbcUW Rw"Bowd be raversad or mod W end Brat a Cwuncme of
AWOVWmwn be oraoled
of Ownar(s) Signature of Pout orm(s)or
of not Paddonsr): epr (s),whore
Name: &,b o t F 5• PfaLI.0 Name:4'%
(Print or 4") (print or type)
Sys sYv- �/y� S�f� I�� 6gc3
Nems: Nemo:
Wm or type) (Print or type)
AAe.*
TO BE COMP ETED BY CITY CLERK
f by: late: 101117,(
A?M�
CITY COUNCIL AGENDA REPORT
qW
To: Honorable Mayor and Members of City Council
Meeting: November 15, 2021
Subject: Appeal of the Architectural Review Board decision on
September 9, 2021 , denying a request to install aluminum gutters
and downspouts for property located at 531 Day Avenue SW
The subject site is an interior lot and includes a two-story single-family home
constructed in 1917. The property is located within the Old Southwest Historic
Neighborhood Overlay District (H-2). All building exterior alterations are subject
to review and approval by the Architectural Review Board (ARB) prior to
initiating a building permit.
Background:
The current property owner purchased the property in August 2021 and
planned to install K-style (Ogee) gutters with square downspouts on the house.
On August 11 , 2021 , the property owner submitted a COA application (Exhibit
A).
On September 9, 2021 , the ARB held its public meeting, and Staff presented its
report (Exhibit B) to the Architectural Review Board, recommending denial of the
COA application due to its inconsistency with H-2 Design Guidelines:
The use of half-round gutters and round downspouts is preferable to the
use of ogee or corrugated gutters and downspouts.
The Architectural Review Board considered the presentations by the applicant's
representative and by Staff. After considerable discussion, a motion to approve
the COA application failed by a vote of 2-3.
On September 15, 2021 , a denial letter was sent to the applicant (Exhibit Q.
On October 1 , 2021 , the applicant filed a petition with the City Clerk's Office
appealing the Architectural Review Board's decision (Exhibit D).
Findings:
The H-2 Historic Neighborhood Overlay District was designated a National
Historic District in 1985. The district is a large urban residential neighborhood
that encompasses 1 ,547 contributing structures developed between 1882 and
1930, a period of tremendous growth and prosperity in the City of Roanoke's
early history. It is primarily a residential district, consisting of a variety of
popular domestic architectural styles.
The City of Roanoke created the H-2 district to:
• Identify properties (buildings. landmarks, structures, and areas) of
architectural, cultural, and historic significance within the City that are on
or are eligible for inclusion on the Virginia Landmark Register or National
Register of Historic Places
• Encourage the preservation, enhancement, and maintenance of such
properties
• Develop and maintain appropriate settings and environments for
properties
Maintaining the historic fabric of the structures within the Old Southwest
Historic District is crucial. Gutters and downspouts are components of the
historic fabric of the structures. New gutters and downspouts should be
consistent with the historic character of the existing buildings.
There are buildings within the Old Southwest that include K-Style gutters and
square downspouts. However, those items were most likely installed prior to
the neighborhood being designated as a historic district. In such cases, if these
K-Style gutters and square downspouts are damaged or deteriorated, the home
owners may submit in-kind replacement/repairs applications to be reviewed
and approved administratively. Staff always encourages the applicants to
consider half-round gutters with round downspouts.
Considerations:
The H-2 Architectural Design Guidelines adopted by the Architectural Review
Board and endorsed by City Council provide recommendations for exterior
alterations to buildings. The Architectural Review Board uses the guidelines
during its monthly meetings to consider applications related to alterations,
additions, and new construction within the established historic district.
A Certificate of Appropriateness is granted to the property owner, for the
related proposal, to initiate a building permit.
2
The H-2 Architectural Design Guidelines follow the Secretary of Interior's
Standards for Rehabilitation, which are generally recognized criteria for
appropriate treatment of historic buildings and contexts.
The following section of the H-2 Design Guidelines on gutters and downspouts
is relevant to consideration of this application.
Gutters and Downspouts
The use of half-round gutters and round downspouts is preferable to the
use of ogee or corrugated gutters and downspouts.
The applicant is proposing standard K-Style aluminum gutters and
square downspouts, which are inconsistent with the above statement.
Proposed K-Style gutter and square downspout
Half-round gutters and round downspout
Recommended Action:
The Architectural Review Board found the application inconsistent with the H-2
Architectural Design Guidelines as noted in this report. Therefore, the
Architectural Review Board recommends that City Council affirm the
Architectural Review Board's decision to deny the Certificate of Appropriateness
for the request to install K-Style gutters and square downspouts.
3
The applicant should submit a COA application requesting to install half-round
gutters and round downspouts to be reviewed and approved administratively.
Bill Mason, Acting Chair
Architectural Review Board
Attachments: Exhibit A through Exhibit D
c: Robert S. Cowell, Jr., City Manager
W. Brent Robertson, Assistant City Manager
Chris Chittum, Assistant City Manager
Jillian Moore, Acting Director Planning Building and Development
Phillip Moore, Zoning Administrator
R. Wayne Leftwich,Jr., Senior City Planner
Parviz Moosavi, Historic Preservation Planner
Timothy Spencer, City Attorney
Laura Carini, Senior Assistant City Attorney
Albert Mack, Applicant
Michael Belcher, Legacy Home Builders, LLC, Applicant's Representative
4
H-2, Historic Neighborhood overlay District
Applicabon for Certificate of Appropriateness
Dated Appic OM O /
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PLANNING BUILDING AND DEVELOPMENT
Noel C.Taylor Municipal Building Agenda Item No. IV. B.
,r, 215 Church Avenue, SW, Room 166
Roanoke, Virginia 24011
5408531730
ROANOKEplannina(a)roanokeva.gov
September 9, 2021
Mr. Bill Hume, Chair,
and Members of the Architectural Review Board
Dear Members of the Board:
Subject: 531 Day Avenue, SW (Official Map No. 1 120321)
Request from Albert Mack, represented by Michael Belcher, with
Legacy Home Builders LLC, to install K-style aluminum gutters and
square down spouts on the house.
Background:
The subject property includes a 2-story single-family residential structure
located within the H-2 Historic Neighborhood Overlay District. All exterior
building alterations are required to be approved by the Architectural Review
Board prior to obtaining a building permit.
The current property owner purchased the property in August 2021 , and plans
to improve the exterior of the building by installing k-style aluminum gutters
with square downspouts.
Findings:
The H-2 Architectural Design Guidelines recommend the following:
Basic Design Principles
ARCHITECTURAL DESIGN GUIDELINES FOR THE H-2 DISTRICT: OLD SOUTHWEST
GUIDELINES FOR PRESERVATION AND REHABILITATION
• Maintain original materials and features that characterize a building and
make it unique. Architectural materials and features are considered
significant if they:
are original,
• reflect a particular architectural style,
• are examples of quality craftsmanship or design, or
reflect changes associated with a major event in the history of the
building.
In general, maintenance is the key to preserving the historic fabric of
the structures. The lack of such effort leads to deterioration of the
EXHIBIT
Architectural Review Board Agenda Report
531 Day Avenue, SW
September 9, 2021 Page 2 of 6
original building material and the loss of the character defining building
features.
It appears that roofing gutters and downspouts were not originally
provided for the existing house.
Gutters and Downspouts
• The use of half-round gutters and round downspouts is preferable to the
use of ogee or corrugated gutters and downspouts.
The applicant is proposing standard k-style aluminum gutters and
square downspouts.
Staff Comments:
The applicant is proposing to install aluminum K-style gutters and square
downspouts to the upper and lower roof of the house. The H-2 Design
Guidelines recommends using half-round gutters and round downspouts.
Staff recommends denial of the proposed K-style aluminum gutters and
suggests that the applicant consider installing half-round gutters and round
downspouts in order to comply with the H-2 Design Guidelines.
O �1�
Parviz Moosavi, ARB Agent
h
m
m �
ry p M N
N �
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IDA.AVE
Q 4.�
Architectural Review Board Agenda Report
531 Day Avenue, SW
September 9, 2021 Page 4 of 6
Mixed sample of gutters existing within the City Block
u �
Architectural Review Board Agenda Report
531 Day Avenue, SIN
September 9, 2021 Page 5 of 6
Mixed sample of gutters existing within the City Block
IN 1
Architectural Review Board Agenda Report
531 Day Avenue, SW
September 9, 2021 Page 6 of 6
Mixed sample of gutters existing within the City Block
PLANNING BUILDING AND DEVELOPMENT
Noel C.Taylor Municipal Building
MM&W215 Church Avenue SW, Room 170
Roanoke, Virginia 24011011
5408531730
ROANOKEpianningaroanokeva.00v
September 15, 2021
Mr. Albert Mack
531 Day Avenue SW
Roanoke, VA 24016
Via email mackalbertsal)hotmail.com
Dear Mr. Mack,
Subject: ARB DENIAL: Application for Certificate of Appropriateness
Certificate No. COAB21-0026
531 Day Avenue SW, Official Tax Map No. 1120321
On September 9, 2021, the Architectural Review Board (ARB)of the City of
Roanoke, Virginia, denied your COA application. The Board found that the request to
install gutters and downspouts were not consistent with the H-2 Architectural Design
Guidelines.
The ARB bases its review on adopted guidelines that generally follow the
Secretary of Interior's Standards for Rehabilitation, which are recognized criteria for
appropriate treatment of historic buildings and contexts. The guidelines that specifically
apply to this work proposed at 531 Day Avenue SW were discussed at the public
meetings pertaining to this matter. At its public meeting on September 9, 2021, ARB
members expressed concern that the proposed work was not in keeping with these
Design Guidelines.
If you are aggrieved by this decision of the Architectural Review Board, you have
the right to appeal the Board's decision to City Council within 30 calendar days of the
date of the decision, per City Code Section 36.2-530, see copy attached. Information on
the appeals process is enclosed. Please contact Parviz Moosavi at 540-853-1522 if you
have additional questions
Very truly yours, ,
60 CJ V
Tina M. Cart,
Secretary to the Architectural Review Board
Enclosure
C: Cecelia F. McCoy, CMC, City Clerk
1
G
CODEOFTHE CITY OF ROMIOKE(3979)
Sec 36.2430.-CartlRaaa of appropMte noug,
(a)Any property owner aggrieved by any decision of the Architectural Review Board may present to the
CRY Council a petition appealing such decision,provided such Petition is flied within thirty(30)calendar
days efterthe decision is rendered by the Bard.The City CouACH shall schedule the matter fora public
meeting and randar a decision on the malar within sbdy(60)calendar days of the receipt of the
PeMn,unless the property owner and the Agent to the Architectural Review Bard agree to an
extension.The City Council may affirm the decision of the Board,reverse or modify the Bard's decision,
In whole or in part,or refer the matter back to the Board.
(5)Upon approval by the Architectural Review Bard,or the City Council on appeal,of any erection,
reansbuRbn,alteration,restoration,or demolition,a Certificate of Appropriateness shall be made
Milabke to the applicant
(6)In the wool City Council dentes an appeal of a decision of the Architectural Review Bard,the
aPPlI and may file an appeal in Circuit Court pursuant to subsection(d),below.
(d)Appeals from City Council decision.Any property owner aggrieved by any final decision of the
City Council Pursuant to this section may present to the Circuit Court of the City of Roanoke a
Petition setting forth the ageged illegality of the action of the City Council,provided such
petition Is flied within thirty(30)calendar days after the final decision is rendered by the City
Cantil.The filing of such pel tion shall stay any action pursuant to the decision of the City
Council pending the outcome of the appeal to the court,except that the filing of such petition
shall not say any action pursuant to the decision of the City Council if such decision denies the
right to demolish a structure or historic landmark.The court may reverse or modify the decision
Of City Council,in whole or In Part,R it finds upon review that the dedsloo of the City Council is
contrary to law or that its decision Is arbitrary and constitutes an abuse of discretion,or the
court may affirm the decision of the City Council.
VIRGINIA:
IN THE COUNCIL OF THE CITY OF ROANOKE
IN THE MATTER OF )
PETITION FOR APPEAL
1
This is a Petition for Appeal from a dec slon of the Archisecbrral Review
Boed ander Section 36.2-WcX5)of the ZonN Ordinance of#0 Cada of
the City of Roanoke(7979),as emended.
I. Nine of the Petitioner(s):
2. Doing business as(t appceble):
3. Sheol address of properly which is the subject of this appeal:
4. Overlay zoOing(H-7, Historic Downtown Overlay Dm iet,or H-2,
Historic
ect of Neighborhood OMW District)of propsM*gs)which Is the
appeal:
S. Deb the hearing before the Architectural Review Board was held at
which the decision being appealed was mads:
S. Section of the Code of the City of Roanoke under which the CerWm%
of Appropriateness was requested from the Archi ectural Review aced
(Section 362-M.If H-f or Section 39.2-37,If H-2):
7. Description of the request for which the CmWkab of AppmpdaWm
was sought from the ArchitecWrel Review Board:
S. Grounds for appeal:
9. Name,NO.address and telephone number of pen m(s)who will
represent the Pettioner(s)before CRY Council:
WHEREFORE.Your Ped ionegs)mqunb tat tro actlon of tre
Archbcbasl Ravlaw Board be rammed or modlied and ew a Cemkate of
APDrWkMneas be yreMed.
swditm tlonerOj er(s) ftnewre of Pettoner(s)or
nepresented*a),where
appucable:
New Nems:
(prlM or type) (pdnt or type)
Name: Name:
(Print or type) (Print or type)
TO BE COMPLETED BY CITY CLERK
Resew by: Date:
A CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue,S.w'.,Suite 456
_ Roanoke, Virginia 24011-1536
Telephone: (540)855-2541
Fee: (540)85)-1145
CECELIA F.51CC01,CIIC E-moil vierkprnnnok....... CECELIA T.vv EBB,OIC
Cit} Clerk 0eput,Cit,Clerk
October 1, 2021
The Honorable Mayor Sherman P. Lea, Sr.
and Members of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Lea and Members of Council:
I am enclosing copy of a Petition for Appeal filed by Albert Mack, regarding a decision of
the Architectural Review Board at its meeting on September 9, 2021, denying a request
for the installation of gutters and downspouts for property located at 531 Day
Avenue, S. W., which is not consistent with the H-2 Guidelines. The petition was
received in the City Clerk's Office on Friday, October 1, 2021.
Section 36.2.530(c)(5), Certificate of Appropriateness, Code of the City of Roanoke
(1979), as amended, provides that any property owner aggrieved by any decision of the
Architectural Review Board may present to the City Council a petition appealing such
decision, provided such petition is filed within 30 calendar days after the decision is
rendered by the Board. The Council shall schedule a public meeting and render a
decision on the matter within 60 calendar days of receipt of the petition, unless the
property owner and the Agent to Architectural Review Board agree to an extension.
The Council may affirm, reverse or modify the decision of the Architectural Review
Board, in whole or in part, or refer the matter back to the Board.
With the concurrence of City Council, a public meeting may be scheduled for Monday,
November 15, 2021, at 7:00 p.m., or as soon thereafter as the matter may be heard, to
render a decision with regard to the Petition for Appeal filed by Albert Mack.
Sincerely,
Cecelia F. McCoy, CMC
City Clerk
Enclosure
:EXHIBIT
D
The Honorable Mayor Sherman P. Lea, Sr.
and Members of Roanoke City Council
October 1, 2021
Page 2
PC: Albert Mack, 531 Day Avenue, S. W., Roanoke, Virginia 24016
Michael Belcher, Contractor, 4433 Olyvia Place, Roanoke, Virginia 24018
Robert S. Cowell, Jr., City Manager
Timothy R. Spencer, City Attorney
Parviz Moosavi, Agent, Architectural Review Board
Tina Carr, Secretary, Architectural Review Board
VIRGINIA.
IN THE COUNCIL OF THE CITY OF ROANOKE
IN .HE MATTER OF )
PETITION FOR APPEAL
I
1
This Is a Petition for Appeal from a decision of the Architectural Review
Board under Section 36.2.530(c)(5)or the Zoning Ordinance of the Code of
the City of Roanoke(1979),as amended.
1 Name of the PelMioner(s):
2 Doing business as(M applicable): :/.'t
3. Street address of property which is the subject of this ppeal:
4. Overlay zoning(H-1 Historic Downtown Overlay District,or H-2,
Historic Nelghborhood Overlay District)of property(les)which Is the
subject of this appeal: it-.?
5. Date Mui hearing before the Architectural Review Board was held zi
which the decision being appealed was made: ;(,
6. Section of the Code of the City of Roanoke under which the Cedificaie
of Appropriateness was requested from the Architectural Review Board
(Section 36.2.330,111-1-1 or Section 36.2-331,If H-2): . —
7. Description of the request for which the Certificate of Appropriateness
was sought from the Archkedural Review Board /ori Y r, In J,
'lUff2r"S C/i ( r.n•yY7 (� !1 I tY a ,
�i- c +: �, �:�,•� ,. err, ,r,
CJFs l •n 1. fr rn•n,r rn:if�n i . ! if .r .
S. Grounds for appeal: /01.11f 7 {. �Lf; hdnL ,�r
dyle
d
9. Name,title•address and telephone number of pe n(s)who will
repro SM the Pes6onm(Sy)before City Coundl: r _f
>3i 'l I9 A �/L/r 5 J Q22 "k. it L,
U V�y� y r
n' LiUkX IX'1dxf, (L'rTLf0dt)r 'HIS I.S C)" Vic, P(n[e A61) l,t 1,A 7HJIf
(540) 5W-04G3
WHEREFORE,your Petitioner(s)requests that the action of the
ArchHectunl Review Board be reversed or modified and that a Certificate of
Approprlamness be granted.
Signature of Owner(s) Signature of Petitioner(,)or
Of not Petitioner): repraurdative(s),where
applicable:
Name: d& 9P{ S• IIdLLC Name:l � r
(pont or type) s(print or type)
—V(.
Name: (PriName:
nt or type) (pont or Hpa)
Ak e. + S kgxc is
TO BE COMPLETED BY CITY CLERK:
Received by r
SANCHEZ-
JONES
ROANOKE CITY COUNCIL
RECESSED SESSION
(CITY COUNCIL BUDGET PLANNING RETREAT)
NOVEMBER 29, 2021
12:00 P.M.
MELROSE LIBRARY
2502 MELROSE AVENUE, N. W., SUITE D
AGENDA
1. Call to Order— Roll Call —All present.
2. Welcome — Mayor Sherman P. Lea, Sr.
3. Overview of the Agenda — Robert S. Cowell, Jr., City Manager
4. Overview of Form of Government, Purpose of Municipal Budgeting and role of
Council.
5. FY21 Budget Close-out and FY22 Update
6. Budget Presentations and Discussion
a. Strategic Planning Retreat Takeaways
b. Budget Priorities
c. Budget Considerations
d. Budget Development
7. Wrap-up and Next Steps
8. Adjournment—4:43 p.m.
1
Overview of form of government, purpose of municipal budgeting and role of Council (SLIDE 1)
Council-Manager form of government
• Council with assistance from community defines vision
• Council establishes priorities
• Manager proposes strategies, actions and budget
• Manager conducts day-to-day operations and service delivery
DimensionsGovernmental Process
Illustrative tasks for Illustrative tasks for
council Counc&s Sphere administrators
Determine"prnpose.'scope of Aduise 4what city-can'do may
sev.ices, tax level. constitutional ' Otl influence what it"should do'):
issues
analyze coed bons and bends
Make recommendations on all
Pass ordinances: apprdraes new decisions; formulate budget,
projects and programs:ratitl Policy determine service disbatwtion
budget formulae
Make implementing decisions Establish practices and
je.g site selection:handle ptoceduws and nuke decisions
complaints:o,,rersee Administration f,-r implementingpoficy
administration
Suggest Management changes Control the human, material,
to manager,reNiewand informational resources of
otganiza6anal performance. in Management organization to supputt Poky
manager's aplxaisal I
and administrative functions
Manager's Sphere
The curvod rare suggests the*vision bdt tho Luuricirs ano the wariager S Miers s O nacre vaty Theivon present,id
is,randadtoroit r`t aWoxffw#a't cl#gr soparatow and starring
$ Ge The effective t tidal Gov t Mwvaipr
Overview of form of government, purpose of municipal budgeting and role of Council (SLIDE 2)
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 (SLIDE 3)
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
• Approval and Accountability—Council approves the budget and has authority over its
amendment. Performance measures and indicators used for determining outcomes and
accountability.
.a
��n x
:.
PERFORMANCEFY2018—2019
City of Roanoke,Virginia
PERFORMANCE
MEASURES AND Comp
INDICATORSFinancial Report
ADOPTED BUDGET
sa,yearfor Pi
O•,9NE MOMNzozozoz,
Fiscal Year Ended June 30,2019
CITY OF
ROANOKE,VIRGINIA
City Council
Budget Planning Retreat
MONDAY, NOVEMBER ? 9 ? 0 .) "
NOON - 5 :00 PM
MELROSE LIBRARY
AGENDA
Overview of the Agenda
Overview of Form of Government, Purpose of Municipal Budgeting and Role of Council
FY 21 Budget Close-out and FY 22 Budget Update
Capital Improvement Program Update
Star City Recovery Update
Break
Budget Presentations and Discussions
Strategic Planning Retreat Takeaways
Budget Priorities
Budget Considerations
Budget Development
Wrap-Up and Next Steps
REVENUE PERFORMANCE BY FISCAL YEAR
350
° $300 $300 $310
300 $279 $291
$259 $260 $255 $258 $259 $255 $259 $265 $273
250 ■
200
150
100
50
171 $178 $181 $19 191 $199 $204
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 FY 21
Local m Non Local Value in 2008 Dollars
FY 21 YEAR- END
Uses:
Reserve for Encumbrances: $7S8,389
Risk Management: $875,000
YTD Revenue: $309,988,125 capital Uses: $12,572,378
Fleet Capital$550,000
Technology Capital: $500,000
Capital Project Contingency: $4,960,000
YTD Expense*: $287,583,220 Various City Capital Projects: $6,562,378
Assigned Fund Balance Increased: $3,865,000
Payroll Accrual: $150,000
Star City Safe Initiative/Parks Deferred Maintenance: $1,715,000
Public Safety Retention Bonus: $2,000,000
Excess Revenue: $22,404,905 Unassigned Fund Balance: $36,959,111 or 12.55% (FY 21 Target: 12%)
$0 FY 21 contribution required
Stabilization Reserve: $10,433,592 or 3.54% - (FY 23 Target: 3%)
$4,356,301 FY 21 contribution
Reassignment of Non-Spendable Fund Balance: $(22,163)
*YTD Expense before other Uses
3
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 2021, target to reach was 12%. Target was reached at the end of FY 2020.
UNASSIGNED FUND BALANCE
$37.0 M
$44 _ 12.55%
$29.8M �����♦
$35 0 - 10.72% T 37.OM
$30 = $34.6M 12.3%
°
$28.8M 12.13% 12.2%
10.61%
$20 moo,
$15
$10 - � - ------
2008
2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021
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.
By Year-End FY 2021, target to reach was 1 1/2%; surpassed in FY 2020. Full 3% target surpassed in FY 2021.
STABILIZATION RESERVE
$12 -- --- - - - -
3.54%
2.0110$6
$3M .
$4 1.03% t d
$100,000
$2 — 0.035ID/0— — —
$0
2018 2019 2020 2021 Est
n
m
FY 22 CURRENT STATUS OVERVIEW
Monthly reviews:
Key local taxes and dashboard
Expenses by department
Salaries and fringes
Key operating expenses
FY 2022 Monitoring Dashboard
r
Public Safety Overtime 79.7% + 45.1%
Children Services Act 16.3% + 4.8%
Real Estate +1.3%
Solid Waste Costs 24.2 % - 0.8%
Sales Tax (September) +14.0%
Workers Compensation 38.3% + 4.9%
Business License Tax -70.6%
Operation Costs 25.3% - 8.1%
Transient Occupancy Tax +48.8%
Total General Fund 30.6% - 2.8%
Prepared Foods & Beverage Tax +19.2%
All Local Taxes +3.8%
Salary Lapse $1,909,152 $1,394,270
*Target comparisons use the percent of revenue recognized Contingency $810,300 $1,498,375
or budget spent for the prior 3 years (averages) through the
same month (Oct).
CAPITAL PROJECT U
Fire Facility Master Plan — Fire-EMS Station 7
On-going and progressing on schedule
Continuing discussions with owner on the purchase of land for Fire Station 2
Library Master Plan
Gainsboro Library Refresh/Renovation — 100% Complete
Crystal Spring E-Branch — 100% Complete
Belmont Library Renovation — Soliciting of design services completed
GRTC — Valley Metro Transit Station
Design and construction plan development on-going —Complete
Section 106 Historic Review and National Environmental Policy Act Environmental Assessment received
Early phase of construction has commence on the site and progressing as scheduled
CAPITAL PROJECT UPDATE ( continued
Public Works Service Center Master Plan
Contract awarded for construction
Construction to has begun and is expected to be completed in the Summer of 2022
Parks and Recreation Master Plan
Rivers Edge North Phase I Improvements completed. Phase II is underway.
Tinker Creek Greenway — Right-of-way acquisition in completed and progress. Bid advertisement will be December 2022
due to some additional VDOT requirements.
Roanoke River Greenway — Norfolk Southern trestle/bridge right-of-way acquisition completed. Bids have come in higher
than expected and
Wasena Bridge Replacement
Design and construction plan development 100% complete
Bid advertisement targeted for late Fall 2021
Construction targeted for early Calendar Year 2022
Streetscape Projects
Melrose Streetscape Improvements under design — 60% complete
STAR CITY RECOVERY
AND RESILIENCE UPDATE
-----------------
LL,
ROANOKE
13
BREAK
BUDGET PRESENTATIONS AND DISCUSSION STRATEGIC PLAN, BUDGET PRIORITIES, BUDGET
DEVELOPMENT
Stratggic 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
Plan
Human Services
Roanoke Infrastructure
Good Government
Livability Roanoke,Virginia
Strategic Vlan
Economy 2020-2021
Council Strategic Values
Equity
Community Engagement & Inclusion
Well-Being
Creativity
Strategic Plan Takeaways
Stay the Course
COVID-19 Impacts and Recovery
Enhanced Link Between Equity and Opportunity (Health, Economic, etc.)
Enhanced Response to Gun Violence (Gun Violence Prevention Commission, Star City Safe, etc.)
Continued Focus on Infrastructure (Bridges, Streets, Sidewalks, Transit)(Federal Infrastructure Bill)
Continued Focus on Mental Health and Substance Use (Blue Ridge Behavioral, Collective Response)
Climate Change and Adaptation
BUDGET PRESENTATIONS AND
DISCUSSION
Budget Priorities
Core essential services
Equity and Empowerment
Employee Compensation
Public Safety Step Pay Plan
COVID-19 Impact and Recovery
Capital Maintenance
Gun Violence Response
Comp Plan/Master Plans Implementation
FY 23 BUDGET CONSIDERATIONS
General Fund Revenue Projections
Retirement
Landfill Tipping Fee
Debt Service (General Fund and Fleet)
Stormwater Utility Charges
Parking Fund - rates
,,
FY 23 REVENUE
Growth Anticipation in local taxes:
Real Estate Tax driven primarily by residential properties.
Further recovery of Transient Occupancy Tax.
Prepared Food and Beverage Tax.
Anticipated potential growth in select non-local revenues.
RETIREMENT
25
20.64
20
15.81 17.04 16.63 16.08 16.31 16.1
14.37
15
v" e "^
10 a
2016 2017. 2018 2019 2020 2021 2022 2023
Employer Contribution Rate
Percentage
RETIREMENT
Rate decrease due to:
(2.29%) — Return on Actuarial Asset Value
(0.24%) — Actual versus Assumed COLA
(0.10) — Change in Normal Cost
0.89% - Change in Covered Payroll
0.01% - Other
FY 2022 Adopted Retirement: $11,636,839 (16.1%)
FY 2023 Rate of 14.37% could generate $1.25 million savings
Propose the creation of a Retirement Reserve for future year rate increases based on valuation
results.
FLEET CAPITAL DEBT SERVICE
Fleet Capital Adopted Budget: $2,350,569
Reduction of $550,000 has not been restored.
Debt Service paid from Fleet Capital:
FY 22: $ 830,788
FY 23: $1,029,617
FY 24: $1,276,162
FY 25: $1,342,994
FY 26: $1,532,576
Future challenges of affordability of needed vehicle/equipment replacements as well as servicing debt
with current budget if debt issuance continues.
Stormwater Utility Fee
Increase over 6-years
Fiscal Year
Fee Parameter 2022 2023 2024 2025 2026 2027 2028
Monthly/Billing Unit $ 0.90 $ 1.05 $ 1.20 $ 1.35 $ 1.45 $ 1.55 $ 1.60
Change/Year $ - $ 0.15 $ 0.15 $ 0.15 $ 0.10 $ 0.10 $ 0.05
Avg. Residential/Month $ 5.40 $ 6.30 $ 7.20 $ 8.10 $ 8.70 $ 9.30 $ 9.60
Avg. Residential/Year $ 64.80 $ 75.60 $ 86.40 $ 97.20 $ 104.40 $ 111.60 $ 115.20
BUDGET DEVELOPMENT TIMELINE
December (TBD): Leadership Team Kick-Off April 4: City Council Briefing
January 3: City Council Briefing April 18: Recommended Budget Presentation
January (TBD): Budget Offers due to City Council
January 27: External Agency requests due April 26: Public Hearing
February 7: City Council Briefing May 2: Budget Study
March 7: City Council Briefing May 9: Budget Adoption
E
WRAP - UP AND NEXT STEPS
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City of Roanoke
City Council Budget Planning Retreat
Monday, November 29, 2021
ARPA Weekly Update
PAGE 2
ARPA Weekly Update
Background:
On September 20, 2021 , City Council approved the Star City Strong Recovery
and Resiliency Panel's recommendations. City staff has begun the
implementation of the initiatives and projects approved.
"It is the genuine belief of the Advisory Panel that timely and effective
implementation of the identified priority recommendations will have immediate
and long-lasting benefit to our residents, households, institutions, businesses
and neighborhoods, enabling us as a community to rapidly regain the
momentum we had prior to the arrival of COVID-19 but to do so in a more
equitable and just manner."
Objective:
This report will be provided to the City Manager, Bob Cowell, each Friday. The
report will serve as an update of weekly activities pertaining to the American
Rescue Plan Act implementation. The report will identify additional team
members as needed and serve as a living document during the implementation
process. Formal reports will be provided at the request of the City Manager at
various times during the ARPA implementation process.
ARPA Implementation Team:
Bob Cowell, City Manager
Angie O'Brien, Chief Strategy Officer
Laura Carini, Assistant City Attorney
ABPA Arts and Culture Team: ARPA Parks and Recreation: Development Economic
Team:
Doug Jackson Michael Clark
Arts Commission Marc Nelson
AishaJohnson
Melissa Murray
Lisa Soltis
Brandon Meginley
Economic Development Authority
ARPA Department of Social ARPA Finance Team: Community Engagement:
Services Team:
Amelia Merchant Lauren Waldron
Steven Martin Betsy Hamilton Mary Talley
Jennifer Barnes Crystal Couch Paul Workman
Teresa McDaniel Cadiijha Wilson Ann Bostic
Meredith Burger Denise Brown Brett Gallian
John Beason Dewey Goodwin Evan Maxey
Gerald Daniels Jelena Jelic Rebecca Weddle
Casse Matney Mechelle Powell Akouete Yemey
Lindsey Campbell Jennifer Bowers
PAGE 3
ARPA Weekly Update
People:
(Recovery) Mental Health and Substance Addiction (Collective Response)
The agreement with the Roanoke Valley-Alleghany Regional Commission,
Rescue Mission, and the Bradley Free Clinic has been finalized and fully
executed. $390,000 has been identified to support the partnership and
strategic efforts identified by the Roanoke Valley Collective Response (RVCR)
community wide action plan (Blueprint for Action).
(Recovery) Mental Health and Substance Addiction (Human Services
Advisory Board)
The Department of Human and Social Services and the Human Services Advisory
Board have created a proposal, which aligns with the RVCR Blueprint for Action.
Additional opportunities exist for Mental Health organizations. $600,000 has
been identified for this initiative. ARPA marketing will begin next week.
Organizations may request assistance by submitting applications and/or
proposals beginning Monday, November 29th, 2021 .
(Recovery) Financial Assistance
The Department of Human and Social Services has created a proposal, which is
in alignment with the United States Department of Treasury guidance. ARPA
marketing will begin next week. $500,000 has been identified for this initiative.
$ 1 ,000 will be the maximum award per address for unpaid bills as a result of
the COVID-19 pandemic. This assistance will target financial needs that are not
begin addressed through other available federal and/or state relief programs.
Individuals and/or households will be able to start applying for financial
assistance beginning Monday, November 29th, 2021 .
(Recovery) Water Utility Unpaid Bills
The agreement with the Western Virginia Water Authority has been fully
executed. $417,281 .11 has been identified to assist in unpaid water bills. The
city will be the fiscal agent. It is anticipated unpaid water bills will be made
current by November 22nd, 2021 .
PAGE 4
ARPA Weekly Update
People Continued:
(Recovery) COVID Mitigation
Preliminary work remains underway. ARPA implementation staff are working
with Doug Jackson, Arts and Culture Coordinator, to develop a list of cultural
institutions. Staff will communicate that $500,000 has been allotted to support
COVID mitigation opportunities that may exist for these organizations.
$100,000 has been identified as the maximum award.
(Resiliency) Food System/Food Hub
Staff have fully executed the agreement with LEAP. The $2.5 million has been
committed to LEAP to enhance the current food system initiatives, expand the
West End Food Hub, enhance the urban agriculture network, and expand the
financial assistance programs.
(Resiliency) Workforce Development/Career Pathways
Initiated conversations with Virginia Employment Center about current
programs, options, etc. Program (design (which may include grants, direct
funding, etc.) will be complete in the next few weeks.
(Resilience) Gun Violence Interruption
Community Forum held November 9, 2021 to solicit community input on use of
the $2+ million identified for Gun Violence Interruption initiatives. Additional
conversations with the Gun Violence Prevention Commission and council will
follow with a final recommendation for the City Administration anticipated
soon.
PAG E 5
ARPA Weekly Update
Places:
(Recovery) Non-Profit Grants
The Department of Human and Social Services and the Human Services Advisory
Board have created a proposal, which aligns with the United States Department
of Treasury guidance. The proposal addresses costs associated with
adjustments in operations and/or services due to COVID impacts not otherwise
addressed by current programs offered by the Federal and State government.
$500,000 has been identified for this initiative. $15,000 has been determined
as the maximum award. ARPA marketing will begin next week. Organizations
may request assistance by submitting applications and/or proposals beginning
Monday, November 29th, 2021 .
(Recovery) Small Business Grants
Economic Development and the Economic Development Authority have created
a proposal, which aligns with United States Department of Treasury guidance.
$500,000 has been identified for this initiative. Staff would like to begin
marketing next week so small businesses may apply for assistance on Monday,
November 29th, 2021 .
(Recovery) Arts & Culture Grants
Arts and Culture and the Arts Commission have created a proposal, which
aligns with United States Department of Treasury guidance. This proposal
addresses costs associated with adjustments in operations and/or services due
to COVID impacts that are not otherwise addressed by current programs
through the Federal and State government. $500,000 has been identified for
this initiative. $25,000 has been determined as the maximum award. However,
for collaborative requests which include providing services to the sector that
benefits all arts and cultural organizations, the maximum request is $50,000.
ARPA marketing will begin next week. Organizations may request assistance by
submitting applications and/or proposals beginning Monday, November 29th,
2021 .
PAGE 6
ARPA Weekly Update
Places Continued:
(Resiliency) Affordable, Accessible, Safe Housing
The agreement with TAP, the City's land Bank Partner, has been finalized and
fully executed. $570,000 has been identified to support the efforts of the
acquisition, construction, and rehab of homes in the Belmont-Fall
neighborhoods. Additional funds will be made available via an RFP process to
secure additional construction and rehabilitation of affordable, accessible, and
safe housing - An additional $2 million will go toward these efforts. A scope of
work has been developed. Staff are working with purchasing for the
development of the RFP.
ARPA implementation staff met with the Community Resources Program
Administrator this week to discuss ARPA and HOME-ARPA Funds administered
by the Community Development Division. Staff will collaborate on the HUD
Annual Plan, and leverage additional opportunities where possible.
(Resiliency) Recreation Center
An initial staff meeting has been conducted to begin planning for
redevelopment of the Eureka Recreation Center. The process will include
securing an architect and contractor via a competitive process. Extensive
community engagement will take place through the design and construction
process. Up to $8 million has been identified for this investment.
(Resiliency) Gainsboro Neighborhood Hub
Staff has been working with Dr. Claytor on the Claytor property. A final agreed-
upon purchase agreement has been determined. Staff is working to secure
signatures this week. Once secured, staff will start the 90-day due diligence to
determine the status of the property and additional steps needed.
PAGE 7
ARPA Weekly Update
Governance:
Administration - Software to manage the programs has been secured, as well as
supplemental staff resources. Additional costs will continue to be incurred
throughout the implementation of the funds - Current estimate of costs is
$250,000.
ARPA Consultant - An RFP has been developed to secure a partner to
collaborate with the City and the ARPA grantees and sub-recipients in the
development of programmatic outcomes and performance measures that will
aid in understand and demonstrating the impacts of various ARPA investments
through grants and sub-recipient agreements. Also, to develop a program
intended to build the capacity of those entities receiving grant funds.
PAGE 8
ARPA Weekly Update
Other:
ARPA Implementation Staff continue to meet with ResourceX to discuss the
rollout of the ARPA Management System. ResourceX will provide answers to
implantation questions by the end of this week. The best uses for the software
will be determined and communicated to all staff where effective.
Community Engagement has begun marketing the ARPA funding opportunities
that exist. A news release will be sent on Monday, November 29, 2021 . The
opportunities will be shared on social media. A full-page advertisement will run
in the Tribune on Thursday, November 25, 2021 and December 2, 2021 . Other
methods include: direct emails, newsletters, livestream segments, media
placements for the news releases, bus ads, Grandin Theatre, and paid targeted
social media advertisements on Facebook, Instagram, and Linkedln.
Staff met with the United Way of Roanoke Valley on Thursday, November 18,
2021 and informed community partners of the recovery funding opportunities
that are anticipated to begin on Monday, November 29, 2021 .
PAGE 9