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HomeMy WebLinkAboutCouncil Actions 08-21-23 WI-11 I L-I iUYU 42721 -082123 City of Roanoke, Virginia CITY COUNCIL August 21 , 2023 2:00 PM ROANOKE City Council Chamber 215 Church Avenue, S.W. 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. 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 deaf or hard of hearing. 1. CALL TO ORDER - ROLL CALL. Council Member Moon Reynolds was absent. The Invocation was delivered by Elder Samuel Thompson, Associate Minister, Spirit of Life Church International. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Sherman P. Lea, Sr. Welcome. ANNOUNCEMENTS: 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: A resolution honoring Susan Lower, Director, Real Estate Valuation upon her retirement after 37 years of service with the City of Roanoke. Adopted Resolution No. 42721-082123. (6-0) Mayor Lea presented a ceremonial copy to Susan Lower, Director, Real Estate Valuation. 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: City Council sets this time as a priority for citizens to be heard. All matters will be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. Joseph Brozovsky, 2001 Centre Avenue, N. W., appeared before the Council and spoke with regard to the Climate Action Plan. Shelley Himel, 2236 Sewell Lane, S. W., appeared before the Council and spoke with regard to Fishburn Park and the contract, and urged the Council to table the matter. Wilby Cathcart, 2516 Sweetbrier Avenue, S. W., appeared before the Council and spoke with regard to the Fisburn Park rezoning. Owen McGuire, 2514 Brambleton Avenue, S. W., appeared before the Council and spoke with regard to the Fishburn Park rezoning. Freeda Cathcart, 2615 Sweetbrier Avenue, S. W., appeared before the Council and spoke with regard to the Climate Action Plan, governance and grant funding. 4. CONSENT AGENDA: APPROVED (6-0) All matters listed under the Consent Agenda are considered to be routine by the Members of City Council and will be enacted by one motion. There will be no separate discussion of the items. If discussion is desired, the item will be removed from the Consent Agenda and considered separately. C-1. Minutes of the regular meeting of City Council held on Monday, July 17, 2023. RECOMMENDED ACTION: Dispensed with the reading of the minutes and approved as recorded. C-2. A communication from Council Member Patricia White-Boyd, Chair, City Council Personnel Committee, requesting that Council convene in a Closed Meeting to discuss a personnel matter, being the annual performances of the Council-Appointed Officers, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C-3. A communication from the City Attorney requesting that City Council convene in a Closed Meeting to consult with legal counsel regarding current litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body, pursuant to Section 2.2-3711 (A)(7), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C-4. Reports of qualification of the following individuals: Joshua Johnson as a member of the Youth Services Citizen Board to fill the unexpired term of office of Dina Hackley-Hunt ending June 30, 2024; Anita Price as a member of Visit Virginia's Blue Ridge, Board of Directors to replace Annette Lewis for a one-year term of office commencing July 1, 2023 and ending June 30, 2024; and Kaitlyn Johnson as a member of the Equity and Empowerment Advisory Board for an initial term of office commencing March 1, 2023 and ending December 31, 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 CITY MANAGER: 1. CITY MANAGER: BRIEFING: FY23 Budget - July Monthly Budget Report - 15 minutes Received and filed. ITEMS RECOMMENDED FOR ACTION: A. Approval of Memorandum of Understanding between the City of Roanoke and George Mason University for Funds to be used for the Roanoke Regional Small Business Development Center (SBDC); adopt a budget ordinance to appropriate the SBDC's remaining funds for this year; and adopt an ordinance amending Section 22.3-2 of the CityCode defining that the director and all employees working for the SBDC are not eligible to participate in the City's retirement system. Adopted Resolution No. 42722-082123, Ordinance No. 42723-082123 and Budget Ordinance No. 42724-082123. (6-0) B. Acceptance of FY23 - FY24 Virginia Department of Transportation (VDOT) Highway Safety Improvement Program Funds. Adopted Resolution No. 42725-082123 and Budget Ordinance No. 42726- 082123. (6-0) C. Acceptance of the Safe Streets and Roads for All Discretionary Grant Program —Action Plan Grant from the United States Department of Transportation. Adopted Resolution No. 42727-082123 and Budget Ordinance No. 42728- 082123. (6-0) D. Request for Encroachment Permit for Greater Roanoke Transit Company t/a Valley Metro (GRTC) Bus Shelter Located at Blue Hills Drive at Blue Hills Circle in the Right of Way at 1935 Blue Hills Drive, N. E. Adopted Ordinance No. 42729-082123. (6-0) E. Request for Encroachment Permit for Greater Roanoke Transit Company t/a Valley Metro (GRTC) Bus Shelter Located at Blue Hills Drive at Blue Hills Circle in the Right of Way adjacent to 1751 Blue Hills Drive, N. E., approximately 108 feet east of Blue Hills Circle. Adopted Ordinance No. 42730-082123. (6-0) F. Execution of an agreement with Roanoke Emergency Medical Services, Inc. Adopted Ordinance No. 42731-082123. (6-0) COMMENTS OF THE CITY MANAGER. The City Manager recognized Jennifer Oakes, Family Services Supervisor, Adult Protective Services, for receiving the 2023 National Adult Protective Services Collaboration Award, given in recognition of significant contribution to the growth and development of the field of abuse of elders and persons with disabilities or protective services through collaborative efforts. 2. CITY ATTORNEY: NONE. 8. REPORTS OF COMMITTEES: 1. 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. 42732-082123. (6-0) 2. A report of certain Authorities, Boards, Committees and Commissions in which City Council serve as liaisons or appointees. NONE. 9. UNFINISHED BUSINESS: 1. A resolution approving a revised City Council Travel Policy. Adopted Resolution No. 42733-082123. (6-0) 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 11. MOTIONS AND MISCELLANEOUS BUSINESS: 1. Inquiries and/or comments by the Mayor and Members of City Council. Council Member Priddy inquired about the possibility of demolition of the Fishburn Caretaker Cottage. 2. Vacancies on certain authorities, boards, commissions and committees appointed by Council. NONE. 12. RECESSED - 3:27 P.M. THE COUNCIL MEETING WILL STAND IN RECESS; AND THEREAFTER RECONVENE AT 7:00 PM, IN THE COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING. City of Roanoke, Virginia CITY COUNCIL 7:00PM ROANOKE City Council Chamber 215 Church Avenue, S.W. 13. CALL TO ORDER - ROLL CALL. Council Member Moon Reynolds was absent. The Invocation was delivered by The Reverend Michael Cherry, II, Pastor, Altha Grove Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Sherman P. Lea, Sr. Welcome. CERTIFICATION OF CLOSED MEETING. (6-0) 14. PRESENTATIONS AND ACKNOWLEDGEMENTS: Recognition of the Parks and Recreation 10U and 11 U Little League Baseball Teams. Mayor Lea and Michael Clark, Director, Parks and Recreation, recognized the 10U and 11 U Little League Baseball Teams. 15. PUBLIC HEARINGS: 1. Request of the Roanoke City School Board to rezone a portion of property located at 3142 Preston Avenue, N. W., Official Tax Map No. 2100501, from IN, Institutional District, to INPUD, Institutional Planned Unit Development District, subject to the Development Plan. Chris Phillips, Agent, Spokesperson. Adopted Ordinance No. 42734-082123. (6-0) 2. Request of Keri and Justin vanBlaricom to rezone a portion of property located at 2424 Brambleton Avenue, S. W., Official Tax Map No. 1470301, from ROS, Recreation and Open Space District, to MXPUD, Mixed Use Planned Unit Development District, subject to the Development Plan. Keri and Justin vanBlaricom, Petitioners, Spokespersons. Adopted Ordinance No. 42735-082123. (6-0) 3. Request of the City of Roanoke to consider an amendment to City Plan 2040, the city's comprehensive plan, to vacate the public use of a portion of Fishburn Park and to release the public's right to use such portion of Fishburn Park, being an approximately 1.1 acre portion of City-owned property located at 2424 Brambleton Avenue, S. W., Official Tax Map No. 1470301, and re-adopting and ratifying previous amendments to City Plan 2040, the city's comprehensive plan. Katharine Gray, Agent, Spokesperson. Adopted Ordinance No. 42736-082123. (6-0) 4. Proposal of the City of Roanoke to consider the sale of 339 Salem Avenue, S. W., Official Tax Map Number 1010107 — Former Homeless Assistance Team (HAT) Building. Adopted Ordinance No. 42737-082123. (6-0) 16. OTHER BUSINESS: 1. Acceptance of Funds from Roanoke County for the Shared Installation Cost of Regional Gateway Signs. Adopted Budget Ordinance No. 42738-082123. (6-0) 17. 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. Chris Bryant, 1315 Sewell Lane, S. W., appeared before the Council and spoke with regard to the City's tree canopy. Laura Hartman, 1209 Campbell Avenue, S. W., appeared before the Council and provided an update on the BRRAG bus riders' group. Naomi Clements, 2723 Huntington Boulevard, N. W., appeared before the Council and spoke with regard to preserving the Evans Spring property. Debra Carter, 3038 Melrose Avenue, N. W., Apt. 811, appeared before the Council in support of the tree canopy and protecting Evans Spring. Dan Crawford, 2311 Kepling Street, S. W., appeared before the Council in support of wetland and preserving the Evans Spring property. ADJOURNED - 10:25 P.M. G9 € OnillOrt IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of August,2023. No.42721-082123. A RESOLUTION recognizing and commending the services rendered to this City by Susan Lower as its Director of Real Estate Valuation,and expressing the gratitude and appreciation of the City and its people for her service. WHEREAS,Ms.Lower will resign from her position with the City as Director of Real Estate Valuation effective September 1,2023,after serving for the past 20 years; WHEREAS,prior to her service as Director of Real Estate Valuation,Ms.Lower served in various supervisory positions in the Real Estate Valuation office since 1986; WHEREAS,Ms.Lower has dedicated 37 total years of service to the City of Roanoke; WHEREAS,Ms.Lower earned her undergraduate degree from East Tennessee State University in 1981 and completed an internship with the Tennessee Department of Transportation in 1980 critiquing reports for highway takings in the Appraisal Department; WHEREAS,before coming to the City,Ms.Lower spent five years in the private sector and was a key appraiser of Smith Mountain Lake-including Westlake,Bernard's Landing, Vista Pointe,and Waterfront Subdivision; WHEREAS,in her role as Director of Real Estate Valuation,Ms.Lower managed 14 staff appraisers and 46,000 parcels of real estate and was responsible for the valuation of all real property in the City of Roanoke; WHEREAS,Ms.Lower held affiliations with Virginia Commonwealth Chapter of the Appraisal Institute,the Virginia Association of Assessing Officers,and the International Association of Assessing Officers for more than 30 years; WHEREAS,Ms.Lower held the position of President from 2010-2011 and is current Legislative Chairman for the Virginia Association of Assessing Officers; WHEREAS,Ms.Lower has served the City of Roanoke with the highest professionalism and competence,and exhibited intelligence,skill,and a strong work ethic throughout her tenure as Director of Real Estate Valuation. THEREFORE,BE IT RESOLVED by the Council of the City of Roanoke as follows: 1.This Council adopts this Resolution as its means of recognizing and commending the meritorious services rendered to the City of Roanoke and its people by Susan Lower, Director of Real Estate Valuation,expressing the gratitude and appreciation of the City and its residents for her service. 2.The City Clerk is directed to forward an attested copy of this resolution to Susan Lower. nc? She man P.Lea,Sr. Mayor Attest • 1/4,i14-e7 Cecelia F.McCoy City Clerk c' CITY OF ROANOKE y'"'" ' CITY COUNCIL ' �-::- 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 .144*iiii0 Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: clerk@roanokeva.gov Council Members SHERMAN P.LEA,SR. Joseph L.Cobb Mayor Luke W.Priddy Stephanie Moon Reynolds Vivian Sanchez-Jones Peter J.Volosin Patricia White-Boyd August 21, 2023 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Lea and Members of Council: I wish to request a Closed Meeting to discuss the performances of the Council-Appointed Officers, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. Sincerely, Vart4, -eir.4-&-ort Patricia White-Boyd, Chair City Council Personnel Committee PWB:ctw ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: August 21, 2023 Subject: A communication from the City Attorney requesting that City Council convene in a Closed Meeting to consult with legal counsel regarding current litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body, pursuant to Section 2.2-3711 (A)(7), Code of Virginia (1950), as amended. The City Attorney requests that City Council convene in a Closed Meeting to consult with legal counsel with regard to probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body, pursuant to Section 2.2-3711 (A)(7), Code of Virginia (1950), as amended. ,. } Timothy Spencer, City Attorney Distribution: 44. AO CITY OF ROANOKE OFFICE OF THE CITY CLERK - 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 CECELIA F.MCCOY,CMC E-mail: clerk@roanokeva.gov CECELIA T.WEBB,CMC City Clerk Deputy City Clerk RUTH VISUETE PEREZ Assistant Deputy City Clerk August 22, 2023 Angie O'Brien Assistant City Manager Roanoke, Virginia Dear Ms. O'Brien: This is to advise you that Joshua Johnson has qualified as a member of the Youth Services Citizen Board to fill the unexpired term of office of Dina Hackley-Hunt ending June 30, 2024. Sincerely, ,may, Cecelia F. McCoy, CMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Joshua Johnson, 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 Youth Services Citizen Board to fill the unexpired term of office of Dina Hackley-Hunt ending ne 30, 2024, according to the best of my ability. (So help me God.) J HUA J NSON The foregoing oath of office was taken, sworn to, and subscribed before me by Joshua Johnson this AS- day of 2023. Brenda S. Hamilton, Clerk of the Circuit Court By N, Clerk 67 ' CITY OF ROANOKE mow- ., OFFICE OF THE CITY CLERK l 215 Church Avenue,S.W.,Suite 456 } Roanoke,Virginia 24011-1536 r. Telephone: (540)853-2541 Fax: (540)853-1145 CECELIA F.MCCOY,CMC E-mail: clerk@roanokeva.gov City Clerk CECELIA T.WEBB,CMC Deputy City Clerk RUTH VISUETE PEREZ Assistant Deputy City Clerk August 22, 2023 Landon Howard President Roanoke, Virginia Dear Mr. Howard: This is to advise you that Anita Price has qualified as a member of the Visit Virginia's Blue Ridge, Board of Directors to replace Annette Lewis for a one-year term of office commencing July 1, 2023 and ending June 30, 2024. Sincerely,6.c.4 14;c 01,. I1 Cecelia F. McCoy, CMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Anita Price, 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 Visit Virginia's Blue Ridge, Board of Directors to replace Annette Lewis for a one-year term of office commencing July 1, 2023 and ending June 30, 2024; according to the best of my ability. (So help me God.) 4 IT PRICE The foregoing oath of office was taken, sworn to, and subscribed before me by Anita Price this 2 tIi day of ,71‘f l 4 2023. Brenda S. Hamilton, Clerk of the Circuit Court By ./ , Clerk u CITY OF ROAN OKE OFFICE OF THE CITY CLERK r � . 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536• Telephone: (540)853-2541 Fax: (540)853-1145 CECELIA F.MCCOY,CMC E-mail: clerk@roanokeva.gov City Clerk CECELIA T.WEBB,CMC Deputy City Clerk RUTH VISUETE PEREZ Assistant Deputy City Clerk August 22, 2023 Angie O'Brien Assistant City Manager Roanoke, Virginia Dear Ms. O'Brien: This is to advise you that Kaitlyn Johnson has qualified as a member of the Equity and Empowerment Advisory Board for an initial term of office commencing March 1, 2023 and ending December 31, 2025. Sincerely, may, 6.4.eze;r, e_del Cecelia F. 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F+ O1 O1 F+ F+ to CO tD W A v W CO00 V V V NJ CO N 00 v1 W 00 I+ A A V7 to to rD r* 4A N 4/► 4" 4A 4" 4" ifs. 4" D A F+ F+ a N F+ W NJ W V F+ C -n CO 01 01 CO F sat 00 10 'es+ CO N Ui - NJ NJ NJ 0 00 40 F+ V V F+ to A V A A 1O• ID0 NJ 000 IDC NJ VO A ID —W 1--. 1' F-+ w C o F+ V )-. V N 1' V tD ID 0 C'l 40 iv iv 0 rfl 0 l0 00 i-+ O ti, O 0 0 0 0 0 0 0 0 ,e-. +00 W I o• 94 00 00 00 00 00 00 00 00 00 ro� UJ U.) U) W W L... W W W 3 ro O 0 0 0 0 0 0 0 * 0 C e--f IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of August 2023. No. 42722-082123. A RESOLUTION authorizing the acceptance of Funds from George Mason University; approving a Memorandum of Understanding (MOU)between the City of Roanoke, and George Mason University; authorizing the execution of necessary documents, upon certain terms and conditions; authorizing the City Manager or his designee to execute such MOU;and authorizing the City Manager or his designee to take such further action as may be necessary to implement and comply with such MOU. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the Funds from George Mason University to be used for the Roanoke Regional Small Business Development Center (SBDC) in the amount of $27,156,all of which is more particularly described in the City Council Agenda Report dated August 21, 2023. 2. The City Manager or his designee is hereby authorized to execute a Memorandum of Understanding between the City of Roanoke and George Mason University, substantially similar to the one attached to the City Council Agenda Report dated August 21,2023. Such Agreement shall be approved as to form by the City Attorney. 3. The City Manager or his designee is hereby authorized to take such further actions and execute such further documents as may be necessary to implement and administer, the above mentioned Memorandum of Understanding,with any such documents to be approved as to form by the City Attorney. ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21' day of August 2023. No. 42723-082123. AN ORDINANCE amending and reordaining Section 22.3-2, Definitions, Chapter 22.3, Pensions and Retirement,— Article I, General, 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. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Chapter 22.3, Pensions and Retirement, of the Code of the City of Roanoke (1979), as amended, is amended and reordained to read and provide as follows: * * * Sec. 22.3-2. - Definitions. The following words and phrases, as used herein, shall have the following meanings, unless a different meaning is plainly required by the context. Words importing male gender shall be construed to include female, and singular words shall be deemed to include plural, and plural words shall be deemed to include singular, whenever appropriate. As used in this chapter: * * * Eligible employee shall mean: (a) Any officer or employee of the city, the Roanoke Regional Airport Commission, or the Roanoke Valley Detention Commission; except a part-time officer or employee (one who is customarily employed less than twenty(20) hours per week or not more than five (5) months in a calendar year); and (b) Police and fire personnel employed on or after the first day of January, 1946; (c) The city manager, city attorney, municipal auditor, and the city clerk (the "council appointed officers"); (d) Every officer and other person employed by the city school board prior to July 1, 2006, who is not eligible for membership in the Virginia Retirement System or successor plan except a part-time officer or employee (one who is customarily employed less than twenty (20) hours per week or not more than five (5) months in a calendar year), or, an employee who is employed solely as a bus driver. No employee of the city school board hired on or after July 1, 2006, shall be eligible to participate in the city plan; (e) Every employee of the Roanoke Valley Resource Authority who became an employee of such authority upon its creation pursuant to the terms of the distribution and indemnification agreement dated October 23, 1991. No additional employees of the Roanoke Valley Resource Authority shall be eligible to participate in the city plan; (f) Every employee of the Roanoke Valley Detention Commission who became an eligible employee pursuant to the terms of the agreement dated October 7, 1998; whether or not such employees meet the criteria set forth in clause (a) of this section; and (g) Constitutional officers and employees of constitutional officers who by contract with the city are included in the city plan. (h) Every employee of the city who became an employee of the Western Virginia Water Authority as of July 1, 2004, shall continue to be a member of the city plan. No additional employees of the Western Virginia Water Authority hired on or after July 1, 2004, shall be eligible to participate in the city plan. The sheriff of the city and all deputies and employees in said office, and their successors and all subsequent employees in such office are not eligible employees. The director of the Small Business Development Center and all employees assigned to and working for the Small Business Development Center, and their successors and all subsequent employees in such office are not eligible employees. Members of city council shall be deemed "eligible employees". Employees of the Virginia Supreme Court and of the juvenile district court who, in 1982, made the irrevocable election to remain in the city plan are eligible employees. Such an employee shall remain subject to the irrevocable election for so long as he or she remains employed by the court system, without a separation from employment. Employees of the city as of July 1, 2000, whose positions are funded by grants shall be deemed "eligible employees" if they have elected to become a member by making an irrevocable election to do so in the manner set forth by the board of trustees. Employees hired by the city after July 1, 2000, whose positions are funded by grants shall be deemed "eligible employees". In all cases of doubt, the board shall determine who is an "eligible employee" within the meaning of this chapter, subject, however, to review by city council. * * * 2. This Ordinance shall be in full force and effect on and after its passage. 2 3. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: 1-Mee-4114%d _ City Clerk. - 3 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of August 2023. No. 42724-082123. AN ORDINANCE to appropriate funding from George Mason University, neighboring localities, and other corporate supporters for the Roanoke Regional Small Business Development Center, amending and reordaining certain sections of the 2023- 2024 Grant and 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 2023-2024 Grant and General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Wages 35-300-4583-1002 $108,516 FICA 35-300-4583-1120 8,301 Dental Insurance 35-300-4583-1125 140 Health Insurance 35-300-4583-1126 5,376 Life Insurance 35-300-4583-1130 1,296 Disability Insurance 35-300-4583-1131 247 Supplies 35-300-4583-2030 10 Program Activities 35-300-4583-2066 29,640 Travel 35-300-4583-2144 861 Roanoke Regional SBDC (City 01-310-8120-3868 10,000 - contribution) General Fund Contingency 01-300-9410-2199 (10,000) Revenues Roanoke Regional SDBC CY23 35-300-4583-4584 27,156 — Federal Roanoke Regional SDBC CY23 35-300-4583-4585 64,331 — Local & Corporate Support Roanoke Regional SDBC CY23 35-300-4583-4586 35,000 — City of Roanoke Roanoke Regional SDBC CY23 35-300-4583-4587 27,900 — Program Income Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: awe64-t,s (f)/zt.e,der - City Clerk. ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: August 21, 2023 Subject: Approval of Memorandum of Understanding between the City of Roanoke and George Mason University for Funds to be used for the Roanoke Regional Small Business Development Center (SBDC); adopt a budget ordinance to appropriate the SBDC's remaining funds for this year; and adopt an ordinance amending Section 22.3-2 of the City Code defining that the director and all employees working for the SBDC are not eligible to participate in the City's retirement system. Background: The Roanoke Regional Small Business Development Center (SBDC) is a local subsidiary of the Virginia Small Business Development Center Program, an organization of 27 SBDC offices across the Commonwealth providing professional business advising, training, and business resources to help grow and strengthen Virginia businesses. This network represents a partnership between the United States Small Business Administration, George Mason University (GMU), and premier local host organizations. Such local partners include academic institutions, chambers of commerce, municipalities, economic development organizations, and private companies. These organizations serve as subcontractors by entering into a Memorandum of Understanding (MOU) with GMU. The SBDC provides services to the greater Roanoke area, Franklin County, Alleghany Highlands, and the New River Valley. For the past several years, the Roanoke Regional Chamber of Commerce (Chamber) has served as the SBDC's host in the Roanoke Region. The current Memorandum of Understanding (MOU) between the two organizations is set to expire on August 31, 2023 and will not be renewed by mutual agreement of the parties. The City of Roanoke (City) seeks to enter into an MOU with GMU to assume responsibility as the SBDC's local host in the Roanoke Region. The term for the attached MOU extends from September 1, 2023 until December 31, 2023. A budget ordinance seeking to amend the City's budget to appropriate the SBDC's budget has also been submitted to City Council. As a result of entering into this MOU, the SBDC's five existing staff members will become City employees, making them subject to the City's personnel policies and eligible for the City's benefits package. Despite the City acting as local host, the SBDC will continue to provide its full range of services to its existing service area. Employees of the SBDC will receive all normal City benefits with the exception of retirement benefits. Therefore, an ordinance amending the City Code needs to be adopted. The amendments contained in this ordinance state that the director of the SBDC and all employees working for the SBDC will not be eligible to participate in the City's retirement system. Considerations: City Council action is needed to formally approve the attached MOU, which will allow the City to accept and appropriate the funds. The budget ordinance submitted to City Council seeking to amend the City's budget to appropriate the SBDC's remaining funds for this year also needs to be adopted. Finally, the Council will need to approve an ordinance amending Section 22,3-2 of the City Code making the director and all employees working for the SBDC ineligible to participate in the City's retirement system. Recommended Action: Accept the funding from and approve the terms of the Memorandum of Understanding between the City and George Mason University, as set forth in the attachment to this report. Authorize the City Manager to execute such MOU between the City and George Mason University, substantially similar to the one attached to this report, and to execute such other documents and to take such further actions as may be necessary to implement, administer, and enforce such MOU, with the form of such MOU to be approved by the City Attorney. Adopt the attached budget ordinance to appropriate the SBDC's remaining funds for this year. Finally, adopt an ordinance amending Section 22.3-2 of the City Code stating that the director and all employees working for the SBDC are ineligible to participate in the City's retirement system. Bob Cowell, City Manager Distribution: Council Appointed Officers Angie O'Brien, Assistant City Manager Laura M. Carini, Senior Assistant City Attorney Marc B. Nelson, Director of Economic Development Amelia C. Merchant, Deputy Director of Finance _--- -... AMERICANS VIRGINIA August 1, 2023 Eric Sichau President&CEO Roanoke Regional Chamber 210 S.Jefferson Street Roanoke,VA 24011 Dear Eric: Thank you for your patience as we work through the transition for the Roanoke Regional SBDC. This is an update to my letter dated June 24, 2023. On August 7,the Roanoke City Council will consider the SBDC hosting request with strong endorsement and support from Bob Cowell. If the Council approves the request, which we are optimistic will happen,the George Mason University(Mason) relationship with Roanoke Regional Chamber will end effective August 31, 2023. Closeout requirements are detailed below: Center IC,Quarterly Report and Invoice The final invoice and Release and Assignment form should be submitted to Mason within sixty (60)calendar days following the End Date or termination of our Agreement. Payment of the final invoice will be withheld pending: A.Completion,submission and acceptance by Mason of all work performed under the Statement of Work; B. Completion of Subrecipient's Release Form and patent/invention report found at: https://osp.gmu.edu/forms/and any other forms,as requested; and C. Clear, visible, and proper marking of"Final Invoice"on the actual final invoice Subrecipient(Host)Agreement The signed subrecipient agreement between Mason and Roanoke Regional SBDC will be corrected to reflect that Roanoke Regional Chamber of Commerce is the fiscal host.The period of performance will be amended to end effective August 31, 2023. SBDC Financial Records Financial reports,supporting documents and other records related to the SBDC should be retained by the Roanoke Regional Chamber for a period of three (3)years from the date of final payment except that records that relate to audits, appeals, litigation or the settlement of claims arising out of performance of this SBDC Agreement shall be retained until such audits,appeals, litigation or claims have been disposed of. Roanoke Regional Chamber should close any bank accounts in the name of the SBDC as of the date of the final fund transfer to City of Roanoke. Items, including subscriptions, in the name of the SBDC or SBDC personnel or autopayments made in the name of the SBDC or any SBDC personnel should be cancelled. The SBDC contribution toward the Roanoke Regional Chamber 2023 annual audit expense has been paid. Use of Name and Trademark Effective September 1, 2023 Roanoke Regional Chamber should stop using the names SBDC or Small Business Development Center in connection with programs or services provided. Signage, websites, social media platforms should be updated immediately; print materials can be replaced as new documents are published. Client Referral and Transfer The Virginia SBDC will send an email notification to all SBDC clients by August 31, 2023 and inform them of the change in services. Future requests for SBDC services should be referred to www.roanokesmallbusiness.org or Jody Keenan at jkeenan@gmu.edu. Client File Transfer The Roanoke Regional SBDC team will coordinate the transfer of all SBDC client files and program documents. Inventory of Assets The attached asset management list describes items that will move with the SBDC, be discarded or stay with the Roanoke Regional Chamber. Close-out Financial Review As is standard procedure,you will be contacted by the Giovanna Hernandez,Virginia SBDC Senior Finance Analyst to arrange for a close-out financial review to confirm remaining SBDC funds to transfer to new host. All remaining SBDC funds (SBA grant, local cash match and program income) should be sent no later than September 30, 2023 to the City of Roanoke as the new host for Roanoke Regional SBDC. Post September 1,2023 Expenses All SBDC expenses are planned to be paid for with SBDC funds in advance of September 1, 2023. If there are unexpected expenses or time and effort costs incurred by the Chamber related to the Roanoke Regional SBDC that occur after September 1,the Chamber should contact me at jkeenan@gmu.edu to discuss reimbursement. Direct expenses will be reimbursed with original invoices.Time and effort costs will be reimbursed at an hourly rate not to exceed $60/hour. Please let me know if you have any questions. Thank you again for your patience and cooperation. Sincerely, Jody Keenan Virginia SBDC State Director cc: Amanda Forrester, Director, Roanoke Regional SBDC Karen Gentry, Contracts Administrator, Office of Sponsored Programs,George Mason University CO CO L. 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WHEREAS,The United States Small Business Administration ("Funding Agency") has awarded Mason a cooperative agreement for the project titled, "Virginia Small Business Development Center CY2022," Notice of Award, SBAOEDSB230048-01-00, ("Prime Award"); CFDA number 59.037 ; and WHEREAS, The City of Roanoke has proposed to collaborate with Mason on the Prime Award; and NOW, THEREFORE, in consideration of the mutual promises and benefits hereunder and other good and valuable consideration,the parties mutually agree to all of the following: 1. DEFINITIONS A. "George Mason University" ("Mason")shall mean the university, its employees and agents. B. "The City of Roanoke"shall mean the Subcontractor, its grant funded employees and agents. 2. SCOPE OF WORK("SOW") Subcontractor agrees to perform the work described in the Statement of Work. The work to be performed and the Planned Milestone Accomplishments are included as Attachments 1 and 3, respectively, and are incorporated herein. The State VSBDC shall perform the work described in Attachment 2, incorporated herein,for your information. 3. TERM AND TERMINATION A. The period of performance ("Term") shall begin on September 1,2023, and shall not extend beyond December 31, 2023 ("End Date"), unless mutually agreed in writing by both parties. B. Any extension, continuation, or further funding of this Agreement beyond the End Date shall be subject to: i. appropriate time extension approvals by Mason or the Funding Agency, as applicable; and ii. continuation by the Funding Agency of the Prime Award and authorization by the Funding Agency of specific funds for the Subcontractor's portion of the work. C. This Agreement may be terminated: i. any time the Prime Award is terminated by the Funding Agency, and Subcontractor receives from Mason written notice to that effect; or ii. if Subcontractor fails to perform any obligation under this Agreement, Mason gives Subcontractor thirty(30)days written notice of pending termination, and Subcontractor fails to cure or correct said deficiency within such thirty day period, or such period as the parties may mutually agree in writing; or iii. without cause by either party, by giving at least thirty(30)days advance written notice to the other party prior to the End Date of this Agreement. D. In the event of termination, Mason shall reimburse Subcontractor for actual costs incurred up to the date of termination, and for any non-cancelable commitments and obligations made prior to the date of notice of such termination. Reimbursement shall be made in accordance with sections 5 and 6 of this Agreement. 4. BUDGET A. This is a cost reimbursable agreement. The not to exceed budget, in the amount of$27,156.15, for Subcontractor's performance under this Agreement is provided in Attachment 4, incorporated herein. B. Total expenditures for Subcontractor's performance shall not exceed the budgeted amount stated in Attachment 16, except as provided in section C of this paragraph. C. Additional funds not allocated in Attachment 4 may be awarded to Subcontractor if mutually agreed to in writing by both parties. Any such additional funds shall be subject to availability from Mason or the Funding Agency. To apply for additional funds under this paragraph, Subcontractor shall at any time during the Term of this Agreement, submit one copy of the proposed budget changes to the Mason Administrative Contact identified in section 7(B)of this Agreement. 5. ALLOWABLE COSTS The allowability of costs under this Agreement shall be determined in accordance with: The provisions of the Prime Award; and ii. Subcontracts with Educational Institutions—FAR, Subpart 31.3; Subcontracts with Nonprofit Organizations-FAR, Subpart 31.7; or Subcontracts with Commercial Organizations—FAR, Subpart 31.2, as applicable; and iii. The prior, written approval of the State Director for all unplanned, out-of-state,travel not included in the budget as submitted in the annual proposal. 6. PAYMENT A. Subcontractor may submit invoices to Mason not more than once per month and Mason shall reimburse Subcontractor only for actual costs incurred on the project. B. Total reimbursement shall not exceed the amount allocated in the Prime Award, identified in Attachment 4, except as provided in section 4.C. of this Agreement. C. Invoices shall reference the name of this project titled, "Small Business Development Centers,"and the Mason Subaward Number E206178F. Invoices shall also include the approved budget as stated in Attachment 4 of this Agreement, the expenditures for the period being invoiced,the total expenditures to date, and the remaining balance of the budget. The Subcontractor's fiscal agent will certify invoices for accuracy and propriety. A sample invoice format to be used for this Agreement is provided as Attachment 5. A final invoice is due within sixty(60)calendar days following the End Date or termination date of this Agreement. Each invoice shall be sent to the following: Accounts Payable 4400 University Drive, MSN 3C1 George Mason University Fairfax, VA 22030 Or email invoices to the following address: acctpay@gmu.edu D. Mason retains the right to review any and all payments or reimbursements made to Subcontractor. If, upon review, any such fund transfer is found to be incorrect for any cause or disallowed under the Prime Award, Subcontractor shall return such funds upon demand to Mason. Mason may, in its sole discretion, deduct such funds from future payments to be made to the Subcontractor, without prejudice; subject, however, to the Subcontractor's right thereafter to establish the appropriateness and validity of any costs disallowed under this Agreement. 7. SUBAWARD CLOSE OUT Along with any other reports or deliverables required hereunder, Subrecipient shall submit its final invoice and Release and Assignment form to Mason within sixty(60) calendar days following the End Date or termination of this Agreement. Payment of the final invoice will be withheld pending: A. Completion, submission and acceptance by Mason of all work performed under the Statement of Work; B. Completion of Subrecipient's Release Form and patent/invention report found at: https://osp.gmu.edu/forms/and any other forms, as requested; and C. Clear,visible, and proper marking of"Final Invoice" on the actual final invoice. 8. PRIME AWARD TERMS AND CONDITIONS It is understood that this Agreement is issued under an award from the Prime Sponsor and all applicable requirements, regulations and provisions of the Prime Award are hereby incorporated into this Agreement as Attachment 16. Furthermore,the Certifications, Clauses, and Regulations of Appendix A are hereby incorporated. 9. KEY PERSONNEL A. The Mason Project Director is Jody A. Keenan, who shall be responsible for the overall direction and coordination of the work to be performed under this Agreement and the Prime Award. All correspondence or notices of a technical or programmatic matter related to this Agreement shall be forwarded to Ms. Keenan at the below referenced address. B. Subcontractor's Principal Investigator responsible for the conduct of the work related to this Agreement is Mrs.Amanda Forrester. Any correspondence or notices of a technical or programmatic matter related to this Agreement shall be forwarded to Mrs. Amanda Forrester. Should Subcontractor's Principal Investigator become unavailable, Subcontractor shall propose a substitute principal investigator subject to approval in writing by Mason and the Funding Agency. MASON The City of Roanoke Jody A. Keenan, Director, Amanda Forrester VA Small Business Development Centers Network 1 South Jefferson Street, George Mason University Roanoke, VA 24011 4031 University Drive, Suite 200 Fairfax,VA 22030 Phone: 540-815-0012 aforrester@roanokesmallbusiness.org Phone: 703-277-7727 FAX: 703-352-8518 Email: jkeenan@gmu.edu 10. NOTICES AND CORRESPONDENCE All administrative, contractual, and business notices required by this Agreement shall be made in writing and sent prepaid by certified mail to the person and address of the Mason Administrative Contact and Subcontractor Contact identified below, as applicable: MASON The City of Roanoke Karen Gentry Amanda Forrester Contracts Administrator 1 South Jefferson Street, Office of Sponsored Programs Roanoke, VA 24011 George Mason University 4400 University Drive, MSN 4C6 Phone: 540-815-0012 Fairfax, VA 22030 aforrester@roanokesmallbusiness.org Phone: 703-993-9306 FAX: 703-993-2296 Email: kgentry4@gmu.edu 11. AUDIT AND COMPLIANCE The provisions of the Single Audit Act of 1984, or 2 C.F.R. §200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, as applicable, shall apply to this Agreement. Subcontractor shall submit one (1)copy of its most recent audit report to Mason's business official as identified in Section 6(C)of this Agreement. Additionally, Subcontractor shall comply with the audit requirements and information set forth in Attachment 6, incorporated herein. 12. OTHER FEDERAL GRANTS Prior to any application for other federal grants for the Subcontractor's SBDC, Subcontractor's Director shall submit a written request for authorization to the State Director, who will then forward the request to the U.S. Small Business Administration, as required. No application may be filed unless approval is received. 13. EQUIPMENT ACCOUNTABILITY AND DISPOSITION Any and all equipment purchases pursuant to this Agreement shall be treated in accordance with the provisions of the Prime Award in effect on the date of execution of this Agreement, except as modified by this Agreement. 14. LIABILITY AND INSURANCE The City of Roanoke, its employees, officers and agents are covered through a self-insured program administered by the Office of Risk Management. Liability for auto, property damage, personal injury, law enforcement liability, worker's compensation, and professional liability are covered for up to one million dollars. The City purchases excess insurance coverage beyond our self-insured retention amounts. 15. PUBLICITY AND USE OF NAME A. Any and all news releases, advertising, promotion, sales literature, or other publicity released by either party concerning this Agreement, shall be subject to prior written approval of the other party, and subject to the prior written approval of the Funding Agency, as appropriate. Any such publicity shall credit the contributions of each party pursuant to the terms and conditions of the Publication and Disclaimer Information Document, Attachment 7, incorporated herein. B. Neither party shall use the name, insignia, or trademark of the other party, nor any adaptation thereof, nor the names of any of its employees in any advertising, promotion or sales literature without the written consent of the other party. When such authorization is granted, only the George Mason University and SBA logos depicted in Attachment 8 shall be used. 16. INTELLECTUAL PROPERTY A. Subcontractor and Mason agree to report promptly and fully to each other any research results including but not limited to inventions, improvements, discoveries, or developments which may be patentable or copyrightable resulting from this mutual collaboration. The receiving party shall hold such disclosure on a confidential basis and will not disclose the information to any third party without consent of the disclosing party. B. As a general principle,any invention, improvement,discovery, or developments arising from this agreement whether patentable, copyrightable or not,which are made by employees of Mason shall belong to Mason (hereinafter"University Intellectual Property")and those made by employees of Subcontractor shall belong to Subcontractor. C. Due to the close interaction of Subcontractor and Mason researchers and the collaborative nature of this team effort, it may be impossible to identify or separate the contributions of each party. In such cases, inventorship shall be determined by legal means,and in cases where inventors are from both Subcontractor and Mason,title to the intellectual property shall be held jointly. Subcontractor and Mason agree to negotiate in good faith a license agreement to allow for effective commercialization of jointly held intellectual property. D. It is possible that Subcontractor or Mason may possess rights in background intellectual property, that is, intellectual property not otherwise subject to this agreement,which would be useful or essential to the practice or commercialization of the results of projects arising from this agreement. Where Mason and Subcontractor determine that background technology may exist,Subcontractor and Mason will use reasonable efforts to negotiate licensing rights that will allow the practice and commercialization of these results. 17. CONFLICT RESOLUTION A. As set forth in 13 C.F.R. § 130-350(B), the State Director shall serve as the principal contact point for all matters involving the Small Business Development Center program network. Every effort will be made to resolve any questions or conflicts regarding the programmatic and financial operations of the program at the State Office level. B. In those instances where issues and problems cannot be resolved at the State Office level, the issue will be referred in writing by the State Director and the Subcontractors Director to the President of George Mason University. C. Unresolved disputes shall then be resolved in accordance with the disputes provisions of the Commonwealth of Virginia Vendor's Manual. Neither the existence of a claim or a dispute resolution process, litigation, or any other provision of this Agreement, shall excuse the Host from promptly complying with the changes ordered by the State Office or with the performance of this Agreement generally. 18. SUBCONTRACTING A. Except as may be provided elsewhere in this Agreement, Subcontractor shall not enter into any sub-agreements, in whole or in part, without the prior written approval of Mason, and subject to such conditions Mason may require. Purchase Orders and other routine expenditures are not subject to this provision. B. Pursuant to the conditions of the Prime Award, the Subcontractor shall not charge or receive indirect costs on any lower tier subcontracts issued under this Agreement. 19. REPORTS A. Subcontractor shall provide reports as required by the State Director pursuant to the terms and conditions of Attachment 9 and its sub-attachments, 9(a)through 9(e), incorporated herein. B. All Reports shall be submitted to the State Director at the address identified in Section 7(A)of this Agreement. 20. LOCAL CENTER SITE REQUIREMENTS Subcontractor's site shall meet the requirements of Attachment 10, incorporated herein. 21. RECORDS/RECORDS RETENTION A. Fiscal Records-Subcontractor shall maintain such books, records, documents, and other evidence, accounting procedures, and practices sufficient to reflect properly all direct and indirect costs of whatever nature it claims to have incurred for the performance of this Agreement. B. Technical Records- Subcontractor shall keep clear and accurate records of the procedures conducted and data collected throughout the Term so that the progress of the project may be readily evaluated at any time by Mason's Project Director. C. Audit of Books - Financial reports, supporting documents and other records related to this Agreement shall be retained by Subcontractor for a period of three (3) years from the date of final payment except that records that relate to audits, appeals, litigation or the settlement of claims arising out of performance of this Agreement shall be retained until such audits, appeals, litigation or claims have been disposed of. D. Management Information System-The Subcontractor is required to operate the Center's IC Management Information System to track client cases, training events, and economic impact. Centers are required to have Internet access and e-mail capacity. E. In-Kind Contributions-The Subcontractor is required to maintain a record of all in-kind contributions pursuant to the format of Attachments 11 and 12, incorporated herein. 22. REPRESENTATION ON LOAN AND OTHER CREDIT ORGANIZATIONS Subcontractor shall not make loans, service loans, or make credit decisions regarding the award of loans. In accordance with SBA policy, Subcontractor must avoid any real or perceived conflict of interest. Subcontractor's directors and employees may not participate on loan committees. 23. LEGAL INFORMATION Providing any legal services or advice, other than the dissemination of business law-related documents is strictly prohibited. 24. CONFLICT OF INTEREST Prior to performing any work, and annually thereafter, all directors, employees, counselors, consultants, and volunteers of Subcontractor shall review the"Conflict of Interest Policy for Employees of Virginia Small Business Development Centers"and shall sign the appropriate"Conflict of Interest Policy Statement" incorporated herein as Attachments 13 and 14, respectively. The Subcontractor's Director shall review and sign all such statements. The Director's original statement shall be sent to the State Office. For all other staff and volunteers, one copy of their statement must be sent to the State Office and the original shall remain with the Subcontractor. 25. POLICY AND PROCEDURE MANUAL Subcontractor agrees to read and understand the Virginia Small Business Development Center Policy and Procedures Manual, Version 2014, as issued in 2014. A change control process, included as Attachment 15, incorporated herein, will be in effect for any future revisions of the Policy and Procedures Manual. 26. RELATIONSHIP The relationship of the parties to each other is solely that of independent contractors. Neither party shall be considered an employee, agent, partner or fiduciary of the other except for such purposes as maybe specifically be enumerated herein, nor shall anything contained in this Agreement be construed to create any partnership or joint venture between the parties. Subcontractor shall not enter into any agreement or incur any obligations on Mason's behalf, or commit Mason in any manner without Mason's prior written consent. 27. CONFIDENTIALITY AND CLIENT FILES A. All financial, statistical, personnel, and/or technical data furnished by, produced for, or otherwise available to clients of the Subcontractor are confidential. Confidential client information shall not be released without prior written approval of the client. B. Only staff who have executed conflict of interest statements may have access to confidential information. C. All confidential information shall be stored in a secured area or in lockable cabinets. The State Office will notify the Subcontractor in advance of any surveys involving client contact. D. Section 2.1-342.01, B.20 of the Virginia Freedom of Information Act excludes from public disclosure confidential, proprietary records collected by the Virginia Small Business Development Center in business development activities. 28. PUBLICATION Publication of Results-- Subcontractor is encouraged to publish the results of this research project. All research reports and other publications relating to the work under or as a result of this Agreement shall: i. bear proper acknowledgment of the support provided by the Prime Award from the Funding Agency; ii. ensure that Mason and the Funding Agency have a royalty-free, non-exclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any copyrightable material that is developed under and as a result of this Agreement; and iii. contain any required disclaimer pursuant to Attachment 7 and use only the authorized logos depicted in Attachment 8. 29. STANDARDS OF WORK Subcontractor agrees that the performance of the work and services of this Agreement shall conform to the highest professional standards. 30. TAXES Subcontractor shall pay all current and applicable local, city, county, state and federal taxes, licenses and assessments related to the Statement of Work be performed by Subcontractor including, but not limited to, those payments required by the Federal Insurance Contributions Act, the State Employment Tax Acts, and any other laws under which Subcontractor may be liable. 31. GOVERNING LAW This agreement shall be enforced and interpreted under the laws of the Commonwealth of Virginia. All disputes arising under this Agreement shall be brought before a proper state court in the Commonwealth of Virginia. 32. SOVEREIGN IMMUNITY Nothing in this Agreement shall be deemed a waiver of the sovereign immunity of the Commonwealth of Virginia. 33.WAIVER A. The failure of a party to enforce any provision in this Agreement shall not be deemed a waiver of such right. B. No waiver of any right under this Agreement shall be effective unless agreed to in writing by both parties. 34. CHANGE PROCEDURES Any changes to the VSBDC Policies and Procedures Manual, or other internal documents governing the operation of the VSBDC shall be made pursuant to the requirements and procedures contained in Attachment 15, incorporated herein. 35.ASSIGNMENT Neither party shall assign or otherwise transfer its rights or delegate its obligations under this Agreement without both parties' prior written consent. Any attempted assignment,transfer, or delegation without such consent is void. All of the terms and provisions of this Agreement are binding upon and inure to the benefit of the parties hereto and their successors and assigns. 36. SPECIAL PROVISIONS It is understood that this Agreement is awarded under a grant from the Funding Agency. The Clauses, Certifications, Regulations, and Requirements of the Prime Award are identified in Attachments 16 and Appendix A, and are incorporated herein. 37. MODIFICATIONS Any and all modifications to this Agreement, including but not limited to budget modifications and changes to the Statement of Work, shall be submitted by the Subcontractor to the Mason Administrative Contact. No modification to this Agreement shall be valid without the signatures of a duly authorized representative of both parties. 38. SEVERABILITY Should any portion of this Agreement be declared invalid or unenforceable for any reason, such portion is deemed severable from the Agreement and the remainder of this Agreement shall remain fully valid and enforceable. 39.NON-DISCRIMINATION Mason and Subrecipient shall abide by the requirements of 41 CFR 60-1.4(a),60-300.5(a)and 60-741.5(a).These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities,and prohibit discrimination against all individuals based on their race,color,religion,sex,sexual orientation,gender identity, national origin,and for inquiring about,discussing or disclosing compensation. Moreover,these regulations require that covered prime contractors and Subrecipients take affirmative action to employ and advance in employment individuals without regard to race, color, religion,sex,sexual orientation,gender identity,national origin, disability or veteran status. 38. ENTIRETY This Agreement constitutes the entire understanding of the parties regarding the subject matter hereof, and supersedes all prior oral or written agreements regarding the subject matter hereof. IN WITNESS WHEREOF the parties have executed this Agreement on the dates set forth below to be effective as of the date first above written. For: GEORGE MASON UNIVERSITY For: The City of Roanoke By: By: Michael Laskofski Associate Vice President of Research Services Date: Date: Attachment 1:Statement of Work The Subcontractor shall conduct the work detailed below and in all Attachments incorporated in the subcontract. The Subcontractor's responsibilities shall include: 1. The management by a Center Director with the technical background and experience needed to assist small businesses in analyzing their problems and needs, as well as the ability to engage various service providers to furnish maximal assistance to small businesses in the designated service area. The appointment of the Director of the Subcontractor must be approved jointly by the State Director and the presiding official of appropriate host institutions. 2. The responsibilities for meeting center needs and supporting the overall development of the Virginia Small Business Development Center(Virginia SBDC) network. 3. Counseling Services. Provide consistently high-quality counseling services to its clients. The emphasis within the counseling effort is on clients with economic impact potential, and other special emphasis groups as mandated by the U.S. Small Business Administration. 4. Counseling Staff Management. Select, train, and manage paid and volunteer counselors who have appropriate technical experience and communication skills to provide counseling services that will meet a broad range of small business client requests. 5. Training Events. Plan, develop, schedule, and implement a series of educational seminars, conferences, and workshops appropriate to the specific needs of small business clients in the designated service area. Some of these seminars must be designed to specifically meet the needs of pre-business and start-up clients, thereby permitting the effective use of Subcontractor counseling services. These educational events must be sponsored or co-sponsored by the Subcontractor. In all instances, the Center Director is responsible for providing consistently high-quality training events. The State Director may recommend special purpose or emphasis events. 6. Professional Development. As an essential component to ensuring and maintaining high quality performance development plan for each employee considering his or her position in the Center, existing skills, and the local needs and strategic directions of the Virginia SBDC. A similar professional development plan for the Professional development plans will be updated annually, and will take into consideration available funding for professional development purposes. 7. Meeting Attendance and Communication. Attend all Virginia SBDC network meetings. Subcontractor's Director shall apprise the State Director of issues concerning its Center. 8. Relationships with Service Area Organizations. Provide technical advice and guidance, and serve as a business and economic information focal point for small businesses in their designated service area. The Subcontractor Director shall maintain working relationships with small business organizations, co- sponsors, advisory boards (if appropriate), and other entities in support of Virginia SBDC programs. The Subcontractor Director will develop and coordinate resources, needed or existing, which are advantageous to small businesses. Coordination should include, but is not limited to, economic development officials, banks and lenders, chambers of commerce, community colleges, SBA Resource Partners including SCORE,WBC and VBOC, Genedge, USEAC, PTAC, trade associations, CIT, Virginia Department of Small business Supplier Diversity, Virginia Small Business Financing Authority, Virginia Economic Development Partnership—incubators, accelerators, entrepreneurship centers and business service providers. Subcontractors shall not compete with the private sector and should make every effort to avoid the appearance of such. 9. Statewide Programs and Marketing Events. Promote awareness, actively market Virginia SBDC services, and participate in Virginia SBDC network statewide programs. This includes distributing marketing materials, promoting, and/or participating, to the extent possible, in any projects undertaken by the State Office. 10. New Positions. Report the creation of any new positions, as well as any changes to current positions, to the State Office. The State Director may request information from the Subcontractor to determine the budget impact of staff additions or changes. 11. Research Projects. Ensure that research projects performed under this agreement have a direct benefit to the small business community served by the Subcontractor and fall within the mission of the Virginia SBDC network. 12. Geographical Responsibility. The geographical responsibility of The City of Roanoke shall include the Counties of Greater Roanoke(which includes the City of Roanoke, Roanoke County, Botetourt County, Alleghany County, and Franklin County. City of Salem, Town of Vinton, Town of Buchanan, Town of Fincastle, Town of Troutville, Eagle Rock, Clifton Forge, New Castle, Covington, and Rocky Mount), and New River Valley (which includes Montgomery County, Pulaski County, Pearisburg, Narrows, and Floyd County. City of Radford, Town of Blacksburg, Town of Christiansburg, Town of Pulaski, and Town of Floyd. Attachment 2: Virginia SBDC Responsibilities The State Office directs and monitors the program activities and financial affairs of the Virginia SBDC network. As the program control center, the Virginia SBDC provides administrative services to the SBDC program. A. The Virginia SBDC Office responsibilities shall include: 1. Program management: management of the administration and direction of the program. 2. Maintenance of SBDC compliance with applicable laws, regulations, OMB circulars and Executive Orders. 3. Negotiation and Implementation of the U.S. SBA Cooperative Agreement, and development and coordination of the"Proposal for Continuation of Funding"to the U.S. SBA. 4. Program development: management of the growth of the Virginia SBDC network and the expansion of program services. 5. Financial accounting:accounting,examination, and advisement related to use of overall grant funds. 6. Internal quality control: assessment of effective and efficient use of funds. 7. Reports management: collection, compilation, and reporting of required information to SBA and George Mason University. 8. Promotion and public relations of the statewide Virginia SBDC network. B. The Virginia SBDC Director's responsibilities shall include: 1. Serve as the principal contact point for all matters involving the Virginia SBDC network, and maintains communication with local centers, hosts and sponsors. 2. Conduct a yearly review to evaluate regional center performance relative to the mission of the Virginia SBDC program. 3. Approve all hiring of local center Directors. 4. Create professional development plans for the Subcontractor's Director In co-operation with the Subcontractor's Director and the appropriate host institution. 5. Complete an annual client satisfaction survey. 6. Maintain the Virginia SBDC Policy and Procedure Manual, and the adoption of all modifications through the change control process. 7. Distribute funding to the SBDCs and monitor the efficient and effective use of these funds. 8. Assure conflict of Interest statements are signed by all State Office personnel. Attachment 3 State-Wide Planned Milestones Worksheet - (VIRGINIA) SBDC, (VIRGINIA) Program Year(FY/CY): CY2023 Recipient Organization:_George Mason University SBA Project Officer: William Pavan,Richmond District Office (NOTE:Insert or delete rows as needed. Do not delete classification headings.Do not leave excess space) 1.MAJOR PROGRAM OBJECTIVES GOAL 1 Workforce Capacity,Learning and Diversity OBJECTIVE 1 Maximize and enhance center resources for consistency and quality across the network and between centers OBJECTIVE 2 Establish onboarding and professional development criteria to ensure advisors have the skills necessary to meet core and specialized business needs OBJECTIVE 3 Evaluate funding models and grow funding to keep expanded staff hired with CARES and Go Virginia Funding. OBJECTIVE 4 Increase the diversity of the network workforce. GOAL 2 Standardized Materials for a Consistent Client Experience OBJECTIVE 1 Create a library of ready-to-deliver training that can be used Network-wide to deliver a standardized training experience for businesses OBJECTIVE 2 Create a library of templates that can be used Network-wide to deliver a consistent high-quality client experience. OBJECTIVE 3 Create marketing materials/templates and standardized messaging to market the SBDC. OBJECTIVE 4 Create sterns/processes to communicate timely information to SBDC clients. 2.SPECIAL PROJECTS PROJECT 1 Innovation Commercialization Assistance Program(ICAP) PROJECT 2 International Business Development Program PROJECT 3 Craft Beverage Specialist(Breweries,Distilleries,Wineries) PROJECT 4 Annual Veterans Small Business of the Year Award 3.RESEARCH PROJECTS Project Name I Duration of Project I Project Cost I Description/Benefit to Small Business Community l 4.PUBLICATIONS Name of Publication Distribution Client Profiles Distributed to funders,stakeholders,partners.centers and clients 5.NON-FEDERAL FUNDING SOURCES(Match Contributions) Name of E i Private Sector State(Line hem or other) 'Municipality/Coup Other ntity � Academic Sector UNIVERSITIES(CASH AND INKIND) $ - $ 1,034,010 $ - $ - $ - COMMUNITY COLLEGES(CASH AND INKII S - $ 200,399 $ - $ - $ - LOCAL GOUTS(CASH AND INKIND) $ - $ 15.158 $ 1,097.643 $ 25,000 PRIVATE SECTOR(CASH AND INKIND) $ 220,337 $ - $ - $ - $ OTHER ECONOMIC DEVELOPMENT $ 571,426 UNRECOVERED INDIRECT-UNIV_&CC $ 863,752 OTHER(CASH AND INKIND) $ 74,841 4 $2%337°4 2,098.141 4 16,154$ i, 4' _ ' ` SoN1 6.GOALS Unique Clients Business Capital Infusion Jobs Supported Served Startups Name of Service Center Total 234 Total 10 Total $10,000,000 Total 0 Alexandria 1st Qrtr 56 1st Qrtr 1st Qrtr 1st Qrtr 2nd Qrtr 59 2nd Qrtr 5 2nd Qrtr 2nd Qrtr 3rd Qrtr 58 3rd Qrtr 3rd Qrtr 65,000,000 3rd Qrtr 4th Qrtr 59 4th Qrtr 5 4th Qrtr $5,000,000 4th Qrtr Name of Service Center Total 367 Total 28 Total $ 7,000,000 Total 0 Capital Region 1st Qrtr 91 1st Qrtr 1st Qrtr 1st Qrtr 2nd Qrtr 92 2nd Qrtr 14 2nd Qrtr 2nd Qrtr 3rd Qrtr 92 3rd Qrtr 3rd Qrtr S3.500.000 3rd Qrtr 4th Qrtr 92 4th Qrtr 14 4th Qrtr $3,500,000 4th Qrtr Name of Service Center Total 264 Total 17 Total $ 6,000,000 Total 0 Central Virginia 1st Qrtr 66 1st Qrtr 1st Qrtr 1st Qrtr Central,Culpeper 2nd Qrtr 66 2nd Qrtr 8 2nd Qrtr 2nd Qrtr 3rd Qrtr 66 3rd Qrtr 3rd Qrtr $3,000,000 3rd Qrtr 4th Qrtr 66 4th Qrtr 9 4th Qrtr $3000.000 4th Qrtr Name of Service Center Total 544 Total 30 Total S 14,000,000 Total 0 Longwood 1st Our 136 1st Qrtr 1st Qrtr 1st Qrtr Central,Western,Eastern 2nd Qrtr 136 2nd Qrtr 15 2nd Qrtr 2nd Qrtr 3rd Qrtr 136 3rd Qrtr 3rd Qrtr $7,000,000 3rd Qrtr 4th Qrtr 136 4th Qrtr 15 4th Our 87.000,000 4th Qrtr Attachment 3 'Name of Service Center Total 494 Total 47 Total $ 9,000,000 Total 0 Univ of Mary Washington 1st Qrtr 123 1st Qrtr 1st Qrtr 1st Qrtr Fredericksburg,Warsaw 2nd Qrtr 124 2nd Qrtr 23 2nd Qrtr 2nd Qrtr 3rd Qrtr 123 3rd Qrtr 3rd Qrtr $4,500,000 3rd Qrtr 4th Qrtr 124 4th Qrtr 24 4th Qrtr S4,500,000 4th Qrtr Name of Service Center Total 739 Total 30 Total $ 20,000,000 Total Hamtpon Roads 1st Qrtr 184 1st Qrtr 1st Qrtr 1st Qrtr 2nd Qrtr 185 2nd Qrtr 15 2nd Qrtr 2nd Qrtr 3rd Qrtr 185 3rd Qrtr 3rd Qrtr $10,000,000 3rd Qrtr 4th Qrtr 185 4th Qrtr 15 4th Qrtr $10,000,000 4th Qrtr Name of Service Center Total 414 Total 19 Total $ 7,500,000 Total 0 Laurel Ridge 1st Qrtr 103 1st Qrtr 1st Qrtr 1st Qrtr Middletown,Fauquier 2nd Qrtr 104 2nd Qrtr 9 2nd Qrtr 2nd Qrtr 3rd Qrtr 103 3rd Qrtr 3rd Qrtr S3,750,000 3rd Our 4th Qrtr 104 4th Our 10 4th Qrtr $3;750,004 4th QM Q Name of Service Center Total 304 Total 16 Total $ 6,000,000 Total 0 Loudoun 1st Qrtr 76 1st Qrtr 1st Qrtr 1st Qrtr 2nd Our 76 2nd Qrtr 8 2nd Our 2nd Qrtr 3rd Qrtr 76 3rd Qrtr 3rd Qrtr $3.000.000 3rd Our 4th Qrtr 76 ath Qrtr 8 4th Qrtr S3,000,000 4th Qrtr Name of Service Center Total 234 Total 10 Total $ 4,000,000 Total 0 Lynchburg Regional 1st Qrtr 58 1st Qrtr 1st Qrtr 1st Qrtr 2nd Qrtr 59 2nd Qrtr 5 2nd Qrtr 2nd Qrtr 3rd Qrtr 58 3rd Qrtr 3rd Qrtr $2,000,000 3rd Qrtr 4th Qrtr 59 4th Qrtr 5 4th Qrtr $2,000 000 4th Qrtr Name of Service Center Total 941 Total 48 Total $ 25,350,203 Total Mason 8;South Fairfax 1st Qrtr 235 1st Qrtr 1st Qrtr 1st Qrtr 2nd Qrtr 235 2nd Qrtr 24 2nd Qrtr $12,675,102 2nd Qrtr 3rd Qrtr 235 3rd Qrtr 3rd Qrtr $12,675,102 3rd Qrtr 4th Our 236 4th Our 24 4th Qrtr 4th Qrtr Name of Service Center Total 494 Total 32 Total $ 8,000,000 Total Roanoke Regional 1st Qrtr 123 1st Qrtr 1st Qrtr 1st Qrtr 2nd Qrtr 124 2nd Qrtr 16 2nd Qrtr 2nd Qrtr 3rd Qrtr 123 3rd Qrtr 3rd Qrtr $4,000,000 3rd Qrtr 4th Qrtr 124 ath Qrtr 16 4th Qrtr $4,000,000 4th Qrtr Name of Service Center Total 302 Total 19 Total $ 6,000,000 Total 0 Shenandoah Valley 1st Qrtr 75 1st Qrtr 1st Qrtr '1st Qrtr 2nd Qrtr 76 2nd Qrtr 9 2nd Qrtr 2nd Qrtr 3rd Qrtr 75 3rd Qrtr 3rd Qrtr $3,000,000 3rd Qrtr 4th Qrtr 76 4th Qrtr 10 4th Qrtr S3,000 000 4th Qrtr Name of Service Center Total 416 Total 70 Total $ 12,400,000 Total 0 SBDCs in southwest Virginia 1st grtr 104 1st Qrtr 1st Qrtr 1st Qrtr BlueRidge Crossroads.Mountain Empire 2nd Qrtr 104 2nd Qrtr 35 2nd Qrtr 2nd Qrtr Comm College,Southwest Virginia Comm 3rd Qrtr 104 3rd Qrtr 3rd Qrtr $6,200,000 3rd Qrtr College. Virginia Highlands Comm College 4th Qrtr 104 4th Qrtr 35 4th Qrtr $6,200,000 4th Qrtr Name of Service Center Total 5747 Total 376 Total $ 135,250,203 Total 20732 Entire Network 1st Qrtr 1432 1st Qrtr 0 1st Qrtr $ - 1st Qrtr 2nd Qrtr 1440 2nd Qrtr 186 2nd Qrtr $ 12,675,102 2nd Qrtr 3rd Qrtr 1434 3rd Qrtr 0 3rd Qrtr $ 67,625,102 3rd Qrtr 20732 4th Our 1441 4th Qrtr 190 4th Qrtr $ 54,950,000 4th Qrtr TOTALS: 5747 376 $ 135,250,203 20732 Att.acliment 4 - Budget & Budget Justification Attachment 5 Virginia SBDC Financial Invoice/Statement A M E R I C A S SBDC Name xxxxxxxxxxxx IExxxxxx-x $BDCAgreeement# SBAHQ-xx-x-xxxx, CFDA No.xx.xxx VIRGINIA From: To: Invoice Date: GRANT Current Billing Year-to-Date Budget Remaining Balance Salaries/Wages - Fringe Benefits _ Travel - Supplies Contractual Consultants - Other Rent - TOTAL SBA GRANT $0.00 $0.00 $0.00 $0.00 Please pay this amount $0.00 CASH MATCH Current Billing Year-to-Date Budget Remaining Balance Salaries/Wages Fringe Benefits - Travel - Supplies ` Contractual - Consultants Other - Rent TOTAL CASH MATCH $0.00 $0.00 $0.00 $0.00 IN-KIND MATCH Current Billing Year-to-Date Budget Remaining Balance Salaries/Wages Fringe Benefits Travel - Supplies - Contractual Consultants - Other - Rent - Waived Indirect 0 - TOTAL IN-KIND MATCH $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0,00„ $0.00 totals Pay to: Address: Federal ID#: Submitted by: Title: Organization: Phone: Director's Name: Director's Signature: • Attachment 6:Audit Requirement and information AMERICANS VIRGINIA The Virginia SBDC program falls under Office of Management and Budget Uniform Guidance(the Uniform Guidance replaces Circular A-133: Audits of State and Local Governments and Non-Profit Organizations). All local centers also fall under these regulations as sub-recipients receiving federal awards from a pass-through entity to carry out a federal program. The Virginia SBDC network and therefore the local SBDC must ensure that the following audit requirements and other requirements further explained in the OMB Uniform Guidance, Circulars, and Federal Regulations are met. Each host institution shall be audited for the program year in which this Memorandum of Agreement is in effect. Universities,Colleges and Community Colleges. Universities,colleges and community colleges receiving more than$750,000 in federal awards are subject to federal audit requirements under OMB Uniform Guidance§200.500 and the provisions of the Single Audit Act. Because of this, state auditors may not specifically review the SBDC program on an annual basis due to sampling practices of the Commonwealth of Virginia's Auditor of Public Accounts. However, host institutions must still submit audits regarding their institutions. The SBDCs are still subject to review or audit by appropriate officials of the Federal agency, pass-through entity and the General Accounting Office(GAO). Non-profit host institutions. Non-profit host organizations are exempted from federal audit requirements as long as the combined federal awards from all sources are less than$750,000. Uniform Guidance§200.50 I (d)states,'A non-federal entity that expends less than$750,000 during the non-Federal entity's fiscal year in Federal awards is exempt from Federal audit requirements for that year, except as noted in§200.503 Relation to other audit requirements, but records must be available for review or audit by appropriate officials of the Federal agency, pass- through entity.and Government Accountability Office(GAO)." Copies of Audit Reports. The host institution, at the request of the SBDC Center Director, will submit two copies of the audit report to the Virginia SBDC state office within 45 days from its receipt by the center. The SBDC Center Director and appropriate authorities within the host institution must submit a written report resolving any findings concerning the SBDC cited in the report. In the case of some universities, the SBDC may not be a part of that year's sampling; nonetheless, the institutions'audit must be submitted for review by Virginia • SBDC. Illegal Acts and Irregularities. Should the auditor of the SBDC or the host institution become aware of any illegal acts or other irregularities, prompt notice will be given to the Virginia SBDC state office. Audit Reports. Audit work papers and reports must be retained for a minimum of three years from the date of audit, unless SBA notifies the organization in writing to extend the retention period. 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L ', O DO r9 CO O O O .� 0 L i+ O -O O' Q W u E va • c0 C i .� C L °,0 0 N CD c c N " Q o "0 u p 03 •� a v I— a ra u .0 o o v m v v o ro o a) C o) o c ..c O 4, p `n 3 u vv)i o v O0 -c Q 2 3 .c. a) t rco a) ^ ' v to ;n 4, u +N, °) O c ro is 3 c ctrZ _o ,C + o lio 0 C L C @ vt co m a) m co 0 O o a, — O a, -O V E cz O t° Cl) 0 u co 0 a th t v +� u ..Y — CU V • t 6 •4 •a w v1 0 C in 3 U `� rv.) tga —�° N c0 O 0 `� E c v E o c o u o c a O > rL° 'rc m O L O "L y t U L ti Q i R ` N U 0 N Q to a 0 Q m 0 C C N Q O 0 0 0 C o U 4., u C u a) E 0 0 E 0 3 m rLc co O c _c o v `° m Q C ru° �, rC° ruo H -0 < 2 A < To 0 .0 to N u co I— u co co "•• to ATTACHMENT 9 AMERICANS VIRGINIA REPORTS AND RECORDKEEPING REQUIREMENTS CONTENTS Reports and Recordkeeping Procedures and Information Attachment 9—Sub-attachment A Report Due Dates Attachment 9—Sub-attachment B Program Income Report Attachment 9—Sub-attachment C Annual Report Format Attachment 9—Sub-attachment D SBA Success Story Form ********************************** Timely reporting is critical to the ongoing success and continued funding of the Virginia SBDC program through the U.S. Small Business Administration (SBA). Reporting dates are established to allow SBDCs sufficient time to prepare required items. A list of reporting dates is included in Attachment 9—Sub-attachment A. A. MIS Reporting. The SBDC make regular and timely entries to the Center IC MIS. Monthly data should be entered by the third business day of the following month. B. Training. The SBDC will plan training events in advance of each quarter and enter these events into the Center IC MIS. All training event information will be reported in the Center IC MIS. The SBDC must keep physical files for training events for the purposes of SBA on-site review. The file format for each training event will consist of the 888 from. a list of attendees, evaluation forms, a co-sponsorship agreement (if appropriate) and a copy of the flyer or press release containing all disclaimer and sponsorship information. C.Economic Impact.All client economic impact will be reported in the Center IC MIS. SBDCs will be responsible for conducting economic impact surveys of their clients. D. Client Satisfaction Survey. The State Office will be responsible for performing the client satisfaction survey. E. Program Income. The definition of program income is money collected by the SBDC. This may include. but is not limited to, income derived from fees for workshops. services beyond the normal scope of SBDC services, or for books. workbooks, etc. OMB Uniform Guidance requires the State Office to completely account for program income related to the SBDC program. ATTACHMENT 9 All expenditures and sources of program income must be itemized in a monthly report for review by the Virginia SBDC Financial Manager. This report will be submitted to the State Office by the fifteenth day of the following month. See Attachment 9—Sub-attachment B for format for reporting program income. Program income must be spent to enhance the purposes of the SBDC program. Examples of appropriate expenditures include equipment or additional workshops not included in the budget or program of work. Program income cannot be claimed as match against the contract amount. F. Semi-Annual and Annual Reports. The SBDC will submit a Semi-Annual Report to the Virginia SBDC and an Annual Report by the dates specified in Attachment 9 — Sub-attachment C. The written narrative must be transmitted electronically in Microsoft Word format. The format for the reports can be found as Attachment 9—Sub-attachment C. G. SBA Success Story.The SBDC must submit a success story,using the SBA success story form,to the State Office no later than with its annual report. The format for the reports can be found as Attachment 9—Sub-attachment D. H.Client Control Records.SBDC will maintain detailed,complete and accurate client control records and shall be handled in accordance with the following guidelines established by the Virginia SBDC. Electronic client records must include a completed request for counseling (Form 641) containing the SBA disclaimer and executed before counseling begins; session notes documenting the counseling the client received with contact, prep and travel hours recorded; impact validation and attribution, if appropriate. Paper client case files shall be arranged in the following manner: The left-hand side of the folder should feature a completed request for counseling (Form 641) containing the SBA disclaimer and executed before counseling begins. The right-hand side of the folder should feature legible SBA Form(s)1062 and session notes (preferably computer- generated) documenting the counseling the client received, arranged in chronological order with most recent counseling session on top, so as to facilitate ease in following client case history. The records shall include complete case files of all businesses assisted during the year. Only staff who have signed Conflict of Interest forms shall have access to client control records. IMPORTANT DATES 2023 Feb 28 Final 2022 Invoice & Final 2022 Program Income Report Due Feb 28 2022 SBDC Annual Report Due July 15 2023 Semi-Annual Report Due Aug TBD 2023 Proposals-Milestones, Budgets and Related 2024 Jan 19 2023 SBDC Annual Report Due Feb 29 Final 2023 Invoice Due & Final 2023 Program Income Report Due 'CENTER IC DATA ENTRY 1st FRIDAYS Clients, Events, Attendees, Session Notes and Impact Mar 23 Final 2022 Economic Impact entered into Center IC Oct 19 All clients, session notes, impact and training for period Jan 1-Sept 30 (QUARTERLY TRAINING SCHEDULES ENTERED INTO CENTER IC January 1 January— March 2022 Training March 1 April—June 2022 Training June 1 July—September 2022 Training September 1 October— December 2022 Training (NETWORK MEETING DATES SBDC Center Management and Leadership calls 2nd Wednesday of the month, 3pm Network calls first and third Wednesdays of the month, 3pm `ASBDC ANNUAL MEETING DATES ASBDC 44th ANNUAL CONFERENCE DATES September 4 —8, 2022 Gaylord Opryland Resort& Convention Center, Nashville, TN . \• 7 1 1 \ . d . « \ . . . . . . . » . . . ? » : 21 .| . . : E 1 k i . 1 ! ' j | 1 , . � 2 jS 1 ( | - j « . � � . � . . . ��. u § � 1 \ \ , I § ,,I\ \ ,. . , • 2 2 ■ E ) , . . , I ij , . , . 7. ex L , . . . I . . � , � �� � � . ; . . �� . � . � � \ E 1 i ! I | | \ t 1 I ./ | i/ : ® ■ ■ m.=<.qF., 4'<[<t(1C:I3a)111 z 2:f. :"'' t - . ! ■ | i ` _ . . / \ � \ 1 \ \ \\ 215 ■ ■ ; s - § k § » \ / / \ ! ,4 : : ƒ u - - . � ; - _) { \ ® _ - , : — } | ! | ! ■ ■ ` . - » 1111 . | ! ; § \ \ . : 3 e ! \ \ _ .- L' �� / -; | | ; =f « 5 . : t \ } ! ; } \_ 12 \ _ Attachment 9C Semi- and Annual Reports Format When preparing the SBDC semi-and annual reports please follow the guidance below for each reporting category. You don't need to have activity in every category, but highlight the areas where you had the most activity. Your report will be compiled with all the other centers in a network report to SBA. Reporting Category-Definitions SBDC Performance Reports must summarize accomplishments in each of the following categories of activity.It is recommended that each report present data in the order listed below. Interim and Annual Performance reports must include a summary of SBDC program accomplishments in each of the categories below.Information on specific information to be included for each category is presented below. When reporting on any item,you must include results/impact of activities. (Example: Provided procurement contract matches to 100 clients, of which 30 receijed airards totaling S50 mi/Iron. This moved the state.,from 49th b/ace to 45 h place in receipt of got'ernment contracts.) Category Definition 0100 CAPITAL Demonstrate delivery of the following: FORMATION • Develop or assist in developing capital for small businesses (e.g., loans,microloans,grants, Community Express);and • Developing close linkages with SBICs,venture capital firms, Certified Development Companies (CDCs) and state and local finance programs. 0200 Demonstrate delivery of the following: INNOVATION, • Identif5-ing innovation and technology developed by the Federal TECHNOLOGY Government and/or academic organizations having commercial or TRANSFER AND practical potential and alerting industry and state and local l-ECHNOLOGY governments to its availability; ASSISTANCE • Transferring expertise and equipment available from the Federal Government to the private sector; • Transferring innovation and technology from business to business, SBIR activities,etc. Note in particular,any collaboration with the National Institute of Standards and Technology(NISI),and with the Environmental Protection Agency (EPA) for multi-media pollution prevention,Clean Ain:Act and other environmental assistance activities; and • Providing information and education on the use of technology in everyday business activities or processes. Attachment 9C 0300 Demonstrate delivery of the following: IN'I ERNATIONAL • Current# of SBDC staff FIE Counselors that have attained TRADE certification for export assistance at intermediate or advanced level (CGBP).Include employee name,level and date of certification; • Promoting increased exports by small businesses such as: supporting US Export Assistance Centers (USEACs);evaluating small business firms' export capabilities;assisting with a client's export related financing needs,providing counseling,training and outreach assistance including co-partnership events;providing rural export assistance;partnering with public and private sector organizations involved in export development;data base development;match services and market research; rural exporting and participating in World Trade Week; • Data reported for the following categories (from Form 641/EDIIIS): • # of small businesses receiving export assistance from the SBDC; • # of small businesses that started to export (New to Export) after receiving SBDC assistance and to what markets; #of small business exporters that entered new foreign markets (New to Market) as a result. result of SBDC assistance; o Increase in export revenues attributed to SBDC assistance; o jobs created or retained as a result of exporting assistance;and o # of small businesses referred to Departments of Commerce, Agriculture,State,Ex-Im Bank,OPIC,USDA for trade assistance. • Indicate if SBDC has service centers that are co-located with USEAC and/or state or local trade agencies or program offices. 0400 Demonstrate delivery of the following: PROCUREMENT • Fostering opportunities for increasing small businesses' share of procurement dollars spent by the government and private sector through conferences,computer matching services such as SBA's "Business Matchmaking,"assistance to Certificate of Competency businesses and prime contractor outreach;and • Indicate if SBDC manages a Federal PTAC or has Service Centers that are collocated with a PTAC and/or similar state or local program. 0500 Demonstrate delivery of the following: MANUFACTURING • Assistance to manufacturing companies or their employees,including displaced manufacturing workers. Can include efforts and support to troubled companies,companies challenged by foreign competition, NAFTA and foreign labor alternatives.This may also include cooperation efforts with other local organizations or government units concerned with manufacturing issues such as the National Institute of Standards and Technology's (NIST) MEP Program;and • Indicate if SBDC manages an MEP or has Service Centers that are co- located with MEP centers. 0600 SPECIAL Demonstrate delivery of the following: EMPHASIS • Assistance to: people with disabilities;Native Americans;young GROUPS entrepreneurs;older adults, targeted associations;industry groups and other groups identified by SBA and/or the SBDC. (Note: Report minority,veteran and service connected-disabled veteran and Attachment 9C women's efforts separately under Minority Small Business Development,Veteran and Service Connected-Disabled Veteran Owned Business and Women Owned Businesses.) • Include assistance in Opportunity Zones 0700 MINORITY Demonstrate delivery of the following: SMALL BUSINESS • Helping minorities participate in the free enterprise system such as: DEVFT OPMENT working on Asian American initiatives;Black or African-American initiatives;Hispanic American initiatives;Native American initiatives; Native Hawaiian or Pacific Islanders initiatives;assisting 8(a) clients in the developmental stage and other stages;and,linking minority clients with other assistance opportunities and conferences. 0800 WOMEN- Describe briefly collaboration the Women's Business Centers (\VBCs) and OWNED any seminars or specialized counseling approaches or other activities BUSINESSES aimed at women entrepreneurs. 0900 VETERANS, Demonstrate delivery of the following: RESERVISTS, • Assistance targeted toward veteran and service connected-disabled SERVICE- veteran owned businesses,as well as Reservists and National Guard DISABLED members called to active duty, such as:Veteran Entrepreneurial VE 1 ERAN- Training Programs;coordination with Veteran Business Outreach T Centers (VBOC);providing Veteran Entrepreneurial Trainin g OWNED Programs,include marketing the availability of the EBV,V-WISE and BUSINESSES AND Operation Endure and Grow programs managed by the SBA Office ALL OTHER of Veterans Business Development;summits for veteran business MEMBERS OF THE owners;activities in conjunction with the Department of Veterans U.S. MILITARY Affairs Vocational Rehabilitation and Employment Services; Employer Support of the Guard and Reserve (E.S.G.R.) and National Guard State Adjutants;DELTA Program;marketing and assistance for the Military Reservist Economic Injury Disaster Loan program; Patriot Express program;base closings and RIF counseling;and, DoD or DOL Transition Assistance Program (TAP) seminars and DoD Yellow Ribbon Reintegration Program events;and • Identify any SBDC Service Centers that are co-located with VBOC or other armed services/veteran assistance programs. 1000 RURAL Demonstrate delivery of the following: ASSISTANCE • Marketing,technical assistance and service delivery strategies that will enable rural businesses to better compete in the domestic market, including information and assistance in obtaining financing for business startups and expansion in rural areas; • Assistance to increase participation of rural businesses in exporting, government procurement,tourism,access to credit,incubators, innovation and technology and other small business programs,in cooperation with the U.S.Departments of Commerce (DOC), Agriculture (USDA) and other relevant Federal agencies;and • Identify any SBDC Service Centers that are co-located with USDA assistance centers or other state/local rural assistance program centers. Attachment 9C 1100 ECONOMIC Demonstrate delivery of the following: DEVELOPMENT, • Activities that are not specific to an individual client,do not fit in FAITH BASED other categories, and are aimed at supporting/strengthening the AND COIL\IUNITY economic environment in the SBDC's territory; I\ZTIA IIVES • Areas reported on may include Agribusiness,Rural Development, Community Development,corporate downsizing or plant closing assistance, Convention/Tourism and Incubators;and • Activities aimed toward assisting small business and community economic development organizations such as providing counseling, training and outreach to community organizations,churches or other such entities with a significant focus on supporting the needs of small businesses. 1200 RESEARCH Demonstrate delivery of the following: Research efforts aimed toward assisting small business and economic development such as database development and needs analysis. 1300 ONLINE Demonstrate delivery of the following: ACTIVITY Activities and accomplishments which demonstrate use of web-based technology to enhance direct client service delivery such as:the use of online counseling (email and real-time) and training;online expert systems or diagnostic tools to identify needed services;audio or video streaming; electronic registrations and scheduling;webinars;and other targeted uses of the internet to facilitate delivering information to clients more cost effectively. 1400 OTHER Provide information regarding any efforts that do not fit in the categories ACTIVITY above.Describe and provide information about any SBDC "best practices" to be used by SBA and archived in the Clearinghouse.This also may include dissemination of basic business information as well as any specific information requested by the SBA Project Officer and mutually agreed upon with the SBDC State/Regional Program Director. 1500 SUCCESS Report at least three examples of assistance provided in which tangible STORIES" results occurred. Include a description of the business,the problems encountered,the assistance provided, the resources used and the actual or Please note: The expected results including economic impact.A signed statement from the annual Client success story client(s) of his/her consent for use of the success story by Profiles will be SBA must be kept on file. (SBA can provide a sample form if one is not submitted for this available locally.) section. _ _a _ 1600 ADVOCACY Demonstrate delivery of the following: • Support for small business interests within the SBDC's jurisdiction to improve the climate for small business and contribute to the vitality of the small business sector;and • Include,as appropriate: public speeches,testimonies before state and/or Federal legislatures and small business week activities. 1700 RESOURCE Demonstrate delivery of the following: DEVELOPMENT • Collaborating with funding or other partners to assist the SBDC in its mission through recruiting,developing and overseeing private and public resource organizations,/individuals for the purpose of Attachment 9C providing business development counseling,training and outreach efforts; and • Any increase in match funding or other new program resources achieved during the reporting period. 1800 Address key partnerships and collaborations throughout the Network and COLLABORATION the type of interaction or relationship enjoyed. Include participation in AND Federal interagency collaboration efforts such as E3 or broadband efforts. J.FVERAGI\G • Indicate collaboration with SBA's special initiatives such as Emerging Leaders,Encore Entrepreneurs, and other Office of Entrepreneurial Development programs; and • Identify any SBDC centers that are co-located with other SBA resource partners such as IBC and SCORE. 1900 UNPLANNED Provide a description of any unanticipated or unbudgeted out-of-state TRAVEL*" travel for Lead and Service Centers not disclosed in the Cooperative Agreement.Note that prior approval is required for out of state and foreign travel that exceeds or was not included in approval budget. 2000 KEY Provide description of new key personnel not included in the proposal, PERSONNEL including name,position,date of hire and resume. Also indicate any key CHANGES** personnel vacancies and anticipated fill date. If PIMS designee has changed since the proposal was submitted,report that change here and provide name,contact information including email address and effective date of change. 2100 PROBLEMS** Provide a description of any and all problems that have significant impact on the program or program objectives. 2200 BUDGET TO ACTUAL COMPARISON** Please note: State Office will complete this section for the network. Attachment 9C 2300 ECONOMIC IMPACT* Please note: State Office will complete • this section for the network. Attachment 9D AMERICA sBDc PUBLICITY RELEASE FOR THE VIRGINIA SBDC NETWORK VIRGINIA I The undersigned, (name), agrees and consents to the disclosure by the Virginia Small Business Development Centers Network of the information provided to the Virginia SBDC, regarding (business name) for media coverage. It is understood that the information provided will be presented in a positive manner focusing on the success of the owner's business. Signature: Date: This material is based upon work supported by George Mason University. Any opinions,findings and conclusions or recommendations expressed in this publication are those of the author(s)and do not necessarily reflect the view of the U.S.Small Business Administration. The SBDC is partially funded under a Cooperative Agreement by the U.S. Small Business Administration. The support given by the U.S. Small Business Administration through such funding does not constitute an express or implied endorsement of any of the co-sponsor(s)or participants'opinions, findings, conclusions, recommendations, products or services. All of SBA's programs and services are extended to the public on a non-discriminatory basis. Special arrangements for the handicapped will be made if requested in advance by contacting your local Small Business Development Center. (VSBDC Form 1000; January 2014) Attachment 10 AMERICA S VIRGINIA Local SBDC Host Requirements A preferred local host organization for the Virginia SBDC Network is an institution of higher education, a chamber of commerce or an economic development organization. The Virginia SBDC guidelines for local host organizations include: • Demonstrate leadership commitment to SBDC program • Demonstrate that SBDC is integral and complementary to other economic development activities • Compliance with federal guidelines related to the SBDC program • Compliance with Virginia SBDC Policies and Procedures • Certify sources of match for federal funds— 1:1 match required, no less than 50% in cash • Provide financial support for the SBDC program (cash and/or in-kind is acceptable) • Provide fiscal oversight and management • Hire and employ SBDC staff- director must be 100% dedicated to SBDC activity • Provide facilities for SBDC personnel including: O Dedicated private office space and furniture • Basic utilities Telephone, copier, fax, high-speed internet connectivity O Shared common space— reception area, conference room, etc... • Administrative support, as available • Virginia SBDC and SBA signage Attachment 10 ----- AMERICA-ItcS S , VIRGINIA Current Local Hosts (2023): LEAD CENTER - GEORGE MASON UNIVERSITY (3 locations) UNIVERSITIES James Madison University Longwood University(3 locations) University of Mary Washington (2 locations) COMMUNITY COLLEGES Laurel Ridge Community College (3 locations) Mountain Empire Community College Southwest Virginia Community College Virginia Highlands Community College CHAMBERS OF COMMERCE Hampton Roads Chamber of Commerce (5 locations) Lynchburg Regional Business Alliance Roanoke Regional Chamber of Commerce ECONOMIC DEVELOPMENT ORGANIZATIONS Alexandria Economic Development Partnership Blue Ridge Economic Development Partnership Community Investment Collaborative Virginia Community Capital Attachment 10 AM ERICAS SBDC VIRGINIA SBDC Engagement with Host and Local Partners - Long-standing federal investment in the community/region matched with - local funding - Intersection of education — business — government - Consistent client data collection and tracking systems - Complement to local and regional economic development initiatives - Support for business attraction and retention - Professional management advising for expanding and new businesses - Timely and affordable management training programs - Represent host organization and local partners to business community - Insightful participation on organizational advisory committees and boards - Valuable resource for incubators, accelerators, Main Streets, community - business launch events - Active members in chambers of commerce and business organizations ATTACHMENT 11 AMERICA S SBDC RECORD OF IN-KIND CONTRIBUTIONS The SBDC thanks you for your involvement in our program. Your voluntary participation or donation must be documented for several of our funding sources. VIRGINIA Please complete the appropriate sections of this form. VOLUNTEER SERVICES: Nature of Service: Hours Fair Market Rate per Hour Check all that apply. for services rendered* ❑ Consultation ❑ Seminar Presentation O Preparation Time ❑ Other NON-EXPENDABLE PROPERTY: Nature of Property: Fair Market Value of Goods Check all that apply. at time of donation** O Office Equipment ❑ Computer Equipment O Other EXPENDABLE PROPERTY: Nature of Property: Fair Market Value of Goods Check all that apply at time of donation** ❑ Office Supplies ❑ Classroom Materials O Classroom Facilities ❑ Office Space ❑ Other Name: Title: Company: Address: ( ) - Signature of Volunteer or Contributor Date Phone No. *Fair market value must be consistent with valuation of similar services provided by SBDC staff. Fair market value of specialized services(ie.,attorney,CPA,etc.) must reflect the market value of comparable services in the SBDC service area. Students enrolled in a course for credit cannot be counted as match. **If donated property is not new,the fair market value must be the depreciated value of the item at the time of donation. ATTACHMENT 11 SBDC RECORD OF IN-KIND CONTRIBUTIONS PROCEDURES AND INFORMATION If volunteer consulting or instructing services.contributed equipment.andlor supplies are used as part of the in-kind match requirement.documentation must be included in center to verify that contributions were donated. Attachment 11 is to be kept with Center Files. Each instance of volunteer service,with the exception of extensive volunteer consultation with a single client over a period of time,must be documented with number of hours,rate per hour, volunteer signature.and date and nature of service. Volunteers consulting with a single client for an extensive length of time may keep a log of time spent in preparation.consultation,and travel time in connection with the client. The volunteer should sign the log by the close of business for the invoice period to which the in-kind contribution is credited.Each instance of in-kind contribution of property must be documented with value of property and signature. Attachment 11 or similar form may be utilized for these purposes. Method for valuation of rates and property are noted on the bottom of Attachment 11. Attachment IZ AMER I C ASS BDCSBDC REPORI OF L\-KLti'D CONTRIBUTIONS V I R C I N I A FOR MONTH 2023 *Fair Market Value Of Volunteer Volunteer Name Nature Of Service Hours Services Rendered hours z rite TOTALS S Nature of good *``Fair market value of goods at time of donation Rent Salaries:Wages Fringe Benefits Supplies Contractual TOTALS S Signature of SBDC Director Date: *Fair market value must be consistent with valuation of similar services provided by SBDC staff.Fair market value of specialized services fie..attorney,CPA,etc.) mast reflect the market value of comparable services in the SBDC service arra.Students enrolled in a course for credit cannot be counted as match. **If donated property is not new,the fair market valve must be the depreciated value of the item at the time of donation. ATTACHMENT 12 SBDC REPORT OF IN-KIND CONTRIBUTIONS PROCEDURE&INFORMATION If volunteer consulting or instructing services.contributed equipment.and,'or supplies are used as part of the in-kind match requirement, documentation must be included in center files using Attachment 11 or similar form and with each invoice to verify that contributions were donated. Method for valuation of rates and property are noted on the bottom of Attachment 12. Attachment 12 is to be submitted with invoices(Attachment 5), if applicable. Attachment 12 should summarize the data collected using Attachment 11. It must be submitted with invoices as a summary of in-kind contributions for the period invoiced. ATTACHMENT 12 SBDC REPORT OF IN-KIND CONTRIBUTIONS PROCEDURE& INFORMATION If volunteer consulting or instructing services, contributed equipment,andior supplies are used as part of the in-kind match requirement,documentation must be included in center files using Attachment 11 or similar form and with each invoice to verify that contributions were donated. Method for valuation of rates and property are noted on the bottom of Attachment 12. Attachment 12 is to be submitted with invoices (Attachment 5), if applicable. Attachment 12 should summarize the data collected using Attachment 11. It must be submitted with invoices as a summary of in-kind contributions for the period invoiced. ATTACHMENT 13 AMERICA1S VIRGINIA CONFLICT OF INTEREST POLICY FOR EMPLOYEES OF VIRGINIA SMALL BUSINESS DEVELOPMENT CENTERS 1. Purpose: The purpose of this policy is (a) to prevent the actions of any employee of the Virginia Small Business Development Centers from constituting a conflict of interest, and (b) to provide a system for employees of the Virginia Small Business Development Centers to question and to receive a definite answer as to the existence of a conflict of interest. 2. Definitions: A. Conflict of Interest - a situation in which regard for private interest or gain leads or has the potential to lead to a disregard of the needs of the Small Business Development Center or the rights of its clients. B. Client - a business, individuals or legal entity with which the Small Business Development Center has entered into an agreement to provide any or all of the Small Business Development Centers available services. C. Small Business Development Center Services - include. but are not limited to. Virginia Small Business Development Center related counseling, training, research of materials for a client, referrals to other agencies. provision of printed, copied, or magnetic media information, or other services that Small Business Development Centers may commonly and routinely perform for its clients. D. Employee of the Small Business Development Center - any person currently employed by or on behalf of the Small Business Development Center for counseling, training or other services. This includes students.university faculty and staff. E. Gift - real property, or tangible and intangible personal property of material value that is provided directly or in trust for the benefit of the recipient. Included in this definition are the similar terms included in paragraph 3 below. ATTACHMENT 13 3. Standards of Conduct: A. Relations with Clients - no employee of the Virginia Small Business Development Center: (1) shall solicit or accept, or appear to solicit or accept, any gift, loan, reward, promise of future employment, favor or service from any client; (2) shall solicit or accept, or give the appearance thereof, any compensation or other monetary remuneration for counseling related services provided a client while acting as an employee of the Virginia Small Business Development Centers; (3) shall recommend to a client the purchase of goods and/or services from a firm in which the employee has a material or financial interest; (4) shall accept fees, commissions, gifts or other favors from third parties who have supplied goods and/or services to Small Business Development Center clients; (5) shall solicit or actually undertake the private engagement of his or her services by a client at any time during the term of the client's relationship with the Small Business Development Center or for a period of twelve months thereafter; (6) shall release information about any client's relationship with the Small Business Development Center, nor any information about the business or personal matters of any client to any person or agency outside the Virginia Small Business Development Center or Small Business Administration without written permission of the client; and (7) shall invest monies, personal services or property in the business of current client of the Small Business Development Center. B. Consulting Activities - With regard to "moonlighting" or other for-profit activities outside the normal working hours and service delivery of the Small Business Development Center. employees of the Small Business Development Center will: (1) assure that the outside activity does not interfere with the full performance of the employees' Small Business Development Center responsibilities; ATTACHMENT 13 (2) notify, in writing and in advance, the Small Business Development Center Director advising of the nature of the proposed or current activity and any potential for conflict of interest which might arise from it; (3) assure that his or her Small Business Development Center position is not used, or does not appear to be used, to arrange the eventual utilization of his or her service for private gain. C. Business Relationship(s) - In the event a Virginia SBDC client or employee/consultant should desire to enter into a business relationship contrary to these provisions, a written request from the sub-center Director must be submitted to the Virginia SBDC and the written approval by the Virginia SBDC State Director must be obtained. D. Agreements - To assure compliance with the above standards, the employee of the Small Business Development Center agrees to sign, upon request, an agreement to abide by the policies contained herein. See enclosure(1). 4. Penalties and Grievances: Generally. penalties for violation of any of these policies may include, but not be limited to, reprimand, suspension of employment and/or termination of employment. The determination of conditions required to constitute a conflict of interest situation will be made by the individual local administrator in cooperation with the Virginia SBDC based upon this policy and applicable employer policies and state law. 5. Action: Each SBDC Director will require each employee of his Center to read and to certify his understanding of and agreement to abide by the requirements of this policy. Then, a copy of the Agreement to Abide by the Corfict of Interest Policies should be signed by each employee currently employed and by new employees at the time of their association with the program. Copies of this Agreement should be maintained in the Small Business Development Center's files for a period of three years after termination of an employee. Each Center Director will also read and certify his understanding of and agree to abide by the requirements of this policy. A copy of the Agreement to Abide by the Conflict of Interest Policies should be signed by the Center Director at the time of their association with the program. A copy of this agreement should be forwarded to the Virginia SBDC and will be ATTACHMENT 13 maintained in the Virginia SBDC files for a period of three years after termination of the Director. 6. If an employee desires to terminate the contracted relationship with the Virginia SBDC. that intention must be stated in writing and received and acknowledged by the State Director. For one year after termination, any subsequent or private engagement of the services of said employee must be initiated by the client in question and not by the former Virginia SBDC employee. 7. It is the policy of the Virginia SBDC that nepotism will not be practiced by a director. counselor, manager, or employee of the Virginia SBDC or SBDC Center of the Virginia SBDC in the performance of all functions related to his/her position. duties and responsibilities. ATTACHMENT 13 AMERICANS SBDC VIRGINIA AGREEMENT TO ABIDE BY THE CONFLICT OF INTEREST POLICIES I have read the attached policy of the Virginia Small Business Development Center program regarding conflict of interest. I understand and agree to abide by the policy during the course of my employment or association with this program. Signature Print Name Date Title ATTACHMENT 14 A M E R I C Ac S CONFLICT OF INTEREST POLICY FOR SBDC CONSULTANTS FOR VIRGE IA SMALL BUSINESS DEVELOPMENT CENTERS VIRGINIA It is the policy of the Virginia Small Business Development Center(hereafter referred to as the Virginia SBDC)that consultants under contract to provide assistance to clients of the Virginia SBDC will adhere to the following guidelines. 1. While under contract to the Virginia SBDC,consultants will provide services to clients of the Virginia SBDC only as contracted agents of the Virginia SBDC and not as private and independent vendors of such services. Consultants shall not release information about any client's relationship with the Small Business Development Center,nor any information about the business or personal matters of any client to any person or agency outside the Virginia Small Business Development Center or Small Business Administration without written permission of the client. 2. Persons under contract to provide consulting services as agents of the Virginia SBDC agree that they will neither recommend the purchase of goods or services in which they represent or have an interest,nor accept fees or commissions from third parties who have supplied or will supply goods or services to the SBDC client on the recommendation of the consultant. 3. Consultants will remain under contract as agents representing the Virginia SBDC until the case is closed by the Director or Manager who assigned the case to that consultant. 4. The Director or Manager will contract with one or more consultants to provide services to a Virginia SBDC client as the Director or Manager deems appropriate. The Director and Manager of the Virginia SBDC may close any portion of a case serviced by an individual consultant. 5. If a consultant desires to terminate a contracted relationship with a client of the Virginia SBDC as an agent of the Virginia SBDC,that intention must be stated in writing to the Director or Manager who assigned the case to the consultant. This written statement of intent must be received and acknowledged by the Director or Manager who assigned the case before any further contact is made between the client and consultant in question. 6. The Director or Manager will inform,in writing,all consultants and the client in question that a case,or any portion thereof,has been closed,including the date on which it was closed. 7. For one year after a case has been closed,any subsequent or private engagement of the services of a Virginia SBDC consultant must be initiated by the client in question and not by the consultant representing the Virginia SBDC. 8. Upon agreeing to consult with a Virginia SBDC client,all consultants shall sign an agreement with the Virginia SBDC agreeing to this policy on conflict of interest. 9. In the event a Virginia SBDC client or consultant should desire to enter into a business relationship contrary to these provisions,a written request from the sub-center Director must be submitted to the Virginia SBDC State Director and the written approval by the Virginia SBDC State Director must be obtained. I have read and understand this policy statement and agree to abide by it. Consultant Signature Print Name Date Company Name ATTACHMENT 15 AMERICANS SBDCCHANGE CONTROL VIRGINIA PROCEDURES The following are the procedures for instituting changes to the Virginia Small Business Development Center(Virginia SBDC)Policy and Procedures Manual and other internal documents governing the operation of the Virginia SBDC. The State Office is responsible to develop, distribute and maintain the Virginia SBDC Policy and Procedures Manual and other internal documents governing the operation of the Virginia SBDC. All proposed changes to the Policy and Procedure Manual must be submitted to the Associate State Director(ASD)and State Director for review and approval prior to possible implementation. The following process will be followed: a. All required or proposed changes must be submitted in writing to the ASD who will conduct a preliminary review. b. Proposed changes,with any revisions recommended by the ASD.will be submitted to the State Director for consideration. All required or proposed changes, as revised by the State Director and ASD,will be presented to the Virginia SBDC Network for their comments and recommendations. The Centers are responsible for concurrent review and recommendations from their local host. A minimum of 30 days will be allowed for Center and host reviews. c. Upon expiration of the review period, and with full consideration for the recommendations of the Centers and Sponsors, a final draft change will be prepared and returned to the Centers for a final review. A minimum of 7 days will be allowed for the Center final review. 1. If approved,the ASD will publish the change. Publication will include an official change email to the Network. and a link to the approved change(s) in the Policy and Procedure manual. 2. If further review of the proposal is directed,the ASD will notify the Virginia SBDC Network that further review is pending. 3. If the proposal is disapproved.the ASD will notify the Virginia SBDC Network of the decision. d. The Centers will utilize the revised Virginia SBDC Policy and Procedure Manual through the electronic link provided. DocuSign Envelope ID:66CF 1530-6514-41 EE-A4DD-F0DC58287EB9 1.DATE ISSUED A M/CD/YYYY is.SUPERSEDES AWARD NOTICE dated 12/22'2022 except that any additions or restrictions previously imposed U.S. Small Business Administration remain in effect unless specifically rescinded 2.CFDA NO. 59.037-SMALL BUSINESS DEVELOPMENT CENTERS Office of Grants Management(OGM) 3.ASSISTANCE TYPE Cooperative Agreement Small Business Administration 4.GRANT NO.SBAOEDSB230048-01-00 5.TYPE OF AWARD 409 3rd St,SW Formerly Training Washington,DC 20416 4a.FAIN SBAOEDSB230048 5a.ACTION TYPE New 6. PROJECT PERIOD AMAf,DDtrYYY AAAt'DDIYYYY NOTICE OF AWARD From 01/01/2023 Through 12,31/2024 AUTHORIZATION(Legislation/Regulations) 7.BUDGET PERIOD MMIDONYYY tvtAf1DDJYYYY 15 U.S.C.648(a)(1); 13 C.F.R.Part 130 From 011012023 Through 12/31/2024 8.TITLE OF PROJECT(OR PROGRAM) Small Business Development Centers 9a.GRANTEE NAME AND ADDRESS 9b.GRANTEE PROJECT DIRECTOR George Mason University Jody Keenan 4400 University Dr 4400 University Dr Fairfax.VA 22030-4422 Fairfax.VA 22030-4422 Phone:703-277-7727 10a.GRANTEE AUTHORIZING OFFICIAL 10b.FEDERAL PROJECT OFFICER Ms.Margaret Ewel11460393 Rachel Karton 4400 UNIVERSITY DR 409 3rd St SW Proposal and Award Management Washington,DC 20416-0011 FAIRFAX.VA 22030-4422 Phone,202-619-1816 An authorized representative electronically signed the award on 01/092023 ALL AMOUNTS ARE SHOWN IN USD 11.APPROVED BUDGET(Excludes Direct Assistance) 12.AWARD COMPUTATION I Financial Assistance from the Federal Awarding Agency Only a Amount of Federal Financial Assistance(from item 11 m) 696.187 00 II Total project costs including grant funds and all other financial participation II b.Less Unobligated Balance From Prior Budget Periods 0 00 a Salaries and Wages 2.127.729.12 c.Less Cumulative Prior Award(s)This Budget Period 0.00 d.AMOUNT OF FINANCIAL ASSISTANCE THIS ACTION 696.187.00 b. Fringe Benefits 7d2,169 09 y13.Total Federal Funds Awarded to Date for Project Period 696,187.00 c. Total Personnel Costs 2,869,898.21 14.RECOIMMENDED FUTURE SUPPORT d. Equipment 0.00 (Subject to the availability of hands and satisfactory progress of the protect)- .............. 17733 33 YEAR TOTAL DIRECT COSTS YEAR TOTAL DIRECT COSTS e Supplies a.2 d.5 f Travel 89'532.39 b.3 e 6 g Construction 37,596.63 c 4 t f 7 h. Other 633,974.80 15.PROGRAM tNCol.E matt BE U SED IN ACCORD w4rH ONE OFTHE FOLLOWING ALTERNATIVES: I. Contractual 285,70485 n DEDUCT,ON aDrMroWz COSTS b MATCHING j_ TOTAL DIRECT COSTS . ----► 3.934.440.21 d Cr-HER RESEARCH:rna'Dear ax : _.._�. __... __... ._._..,..e._ _..,.�._...., a OTHER(See PSM4PJ S; k. INDIRECT COSTS 863.752 50 16.TM SAWARDi S BASED ON AN APPLICATION SUBMITTED TO,AND AS APPROVED BY,T}E FEDERAL AWARDING AGENCY ON TIE ABOVETtTLEO PROJECT MIDI S SUBJECT TOT}E TERM SAND CONCITIONSINCORPORATED E(rIER DIRECTLY I. TOTAL APPROVED BUDGET 4.798.192.71 OR BY REFERENCE IN THE FOLLOWING: a The wars pmuram'eodbod b. The Tart=Warr' i'a ors. c. Ths e..w3 name ncitei g teere and cordew,.,d any,noted be/ce.nder REMARcS. m. Federal Share 696.187 00 a F ede4 adnenistravie red.reenares.Idd orydaDies and a.ezreq,,r,e oecOccOeto this want In the event there are conflicting or otherwise Inconsistent policies applicable to the grant the above ostler of precedence that... n. Non-Federal Share 4,102.005 71 prevail.Acceptance of the grant terms and conditions is acknowledged by the grantee when bards are dram or otherwise obtained born the grant payment system REMARKS (Other Terms and Conditions Attached- L_Yes ®No) See next page GRANTS MANAGEMENT OFFICIAL: DocuSigned by: Edna Greene,Program Analyst I1e i< :--:enS_,n e VI{ U/1.SGIA. 1/12/202 3 409 3rd Street,6th Floor 787ki 257099417.. Washington,DC 20416-2041 Executive Vice President for Finance and Administration Phone.12022059424 George Mason University 17.O6J CLASS 4110 18a.VENDOR CODE 540836354 18b.EIN 540835354 19a.UEI EADLFP7Z72E5 19b.DUNS 077817450 20.CONG.DIST.11 FY-ACCOUNT NO. DOCUMENT NO. ADMNISTRATIVE CODE AMT ACTION FIN ASST APPROPRIATION 21 a.2023 340400D6.60300'D0ZA30168030048A c. OEDSB d. $696.187.00 e. 22.a. b. c. d. e. 23 a. b. c. id e. DocuSign Envelope ID:66CF1530-6514-41EE-A4DD-F0DC58287EB9 PAGE 2 of 2 DATE ISSUED NOTICE OF AWARD (Continuation Sheet) j 12/22/2022 GRANT NO. SBAOEDSB230048-01-00 REMARKS: The project period and budget period for this award is from 01/01/2023 to 12/31/2024 for a total amount of S3.315,178.00 in Federal funds.However.Federal funding available at this time is limited to$696,187.00 for this budget period.Receipt of any future funding is contingent upon the availability of funds from Congress, satisfactory performance and is at the sole discretion of the Small Business Administration.The Small Business Administration is not liable for any obligations, expenditures,of commitments which involves any amount in excess of Federal financial assistance presently available. No legal liability will exist or result on the part of the Federal Government for payment of any portion of the remaining funds which have not been made available under this award.Notifications affecting funding or notice of non-availability of additional funding for future years will be made only by the Grants Officer. 2 DocuSign Envelope ID 66CF 1530-6514-41 EE-A4DD-F0DC58287EB9 AWARD ATTACHMENTS George Mason University SBAOEDSB230048-01-00 1. 2023 VA SBDC Specific T&Cs 2. SBA FY23 Standard Terms and Conditions DocuSign Envelope ID 66CF1530-6514-41EE-A4DD-F0DC58287E69 RECIPIENT: George Mason University CALENDAR YEAR NOTICE OF AWARD COOPERATIVE AGREEMENT NO.: SBAOEDSB230048-01-00 DATE ISSUED: 12/22/2022 PAYMENT COOPERATIVE AGREEMENT NO: SBAHQ23B0052 ADMINISTRATIVE CODE: NO: 3603001EZ03841 Page l of 3 Program Terms and Conditions These program Terms and Conditions are specific to the SBDC program. They can be found: httpsJrwww.sbt.govJdacurnent'support-sbcic-program terms conditions. The terms and conditions set forth below are those particular to this non-Federal entity: *Program Term 2: Points of Contact 1. Grants Management Specialist(GMS) Name: Tiffany Peters Address: U.S.Small Business Administration Office of Small Business Development Centers 409 3rd Street,S.W.6rh Floor Washington,DC 20416 Telephone Number: (202)619-0613 Email Address: tiffany.peterssba.gov 2. District Office Project Officer(PO) Name: William Pocan Address: U.S.Small Business Administration Richmond District Office 400 North 8th Street,Suite 1150 Richmond VA 23219 Telephone Number: (804)253-9085 Email Address: William.Pocansba.gov *See additional Point of Contacts on Notice of Award. Program Term 4: Award Expectations and Project Deliverables(See also Standard Term 11) You,the Non-Federal Entity/SBDC Network,acknowledge you will conduct the project funded under this Award in accordance with your approved technical proposal,goals,milestones,and budget.Changes to these guiding documents must be submitted to SBA for pre-approval in accordance with the SBA Standard Terms and Conditions(Standard Term 8)and with the Program Terms and Conditions(Program Term 9). See also Standard Term 11. The negotiated goals set for this award are as follows: • Unique Clients Served-5,747 • Jobs Supported-20,732 • New Business Starts-376 • Capital Infusion(to include SBA loans,non-SBA loans,and equity investment)-$135,250,203 DocuSgn Envelope ID.66CF1530-6514-41 EE-A4DD-FODC582Bitt3Y RECIPIENT: George Mason University CALENDAR YEAR NOTICE OF AWARD COOPERATIVE AGREEMENT NO.: SBAOEDSB230048-01-00 DATE ISSUED: 12/22/2022 PAYMENT COOPERATIVE AGREEMENT NO: SBAHQ23B0052 ADMINISTRATIVE CODE: NO: 3603001EZ03841 Page 2 of 3 Program Term 8: Reporting Requirements Please see below an exception to this section of the Program Year 2023 SBA Award Program Terms and Conditions for the Small Business Development Center Program. EXCEPTION: FYJCY2023 Financial and Programmatic reports must be uploaded to GrantSolutions as a Grant Note. These reports are no longer emailed to SBDCPay{tientsta.sba.gov. You must continue to email the Financial and Programmatic reports to the SBA District Office SBDC Project Officer. Program Term 18: Funds Management and Payment To receive reimbursement(i.e.,payment)for the Small Business Development Center FY/CY 2023 Awards issued through the GrantSolutions grant management system,You must enter the Payment Cooperative Agreement Number(PCAN)on the Request for Advance or Reimbursement(SF-270). The PCAN can be found on this document in the header section. You must enter the PCAN in Block 4 on the SF-270. The SF-270 must be uploaded to GrantSolutions as a Grant Note. The SF-270 is no longer emailed to SBDCPayments@sba.gov. Program Term 46: Approved Budget All costs approved on this budget must meet the tests of necessity,reasonableness,allowability,and allocability in accordance with applicable cost principles. All costs charged to this agreement are subject to audit.Recipients are responsible to ensure proper management and financial accountability of Federal funds to preclude future cost disallowances. Program Lead Center and Network Service Centers 1. George Mason University:Lead Center State Office a. George Mason SBDC b. Loudoun SBDC,Leesburg 2. SBDC Hampton Roads Inc. 3. Central Virginia SBDC 4. Virginia Highlands SBDC 5. Lynchburg Region SBDC 6. Alexandria SBDC 7. Laurel Ridge SBDC 8. Southwest Virginia SBDC DocuSign Envelope ID.66CF 1530-6514-41 EE-A4DD-F0DC58287EB9 RECIPIENT: George Mason University CALENDAR YEAR NOTICE OF AWARD COOPERATIVE AGREEMENT NO.: SBAOEDSB230048-01-00 DATE ISSUED: 12/22/2022 PAYMENT COOPERATIVE AGREEMENT NO: SBAHQ23B0052 ADMINISTRATIVE CODE: NO: 3603001EZ03841 Page 13 of 3 9. Blue Ridge Crossroads SBDC 10. Mountain Empire Community College SBDC 11. Roanoke Regional SBDC 12. SBDC at CBP 13. Longwood SBDC 14. Shenandoah Valley SBDC 15. University of Mary Washington SBDC 16. Capital Region DocuSign Envelope ID.66CF 1530-6514-41 EE-A4DD-F0DC58287EB9 SBA Award Standard Terms 1. Standard Term-Acceptance of the Terms of an Award By drawing or otherwise obtaining funds from the Small Business Administration (SBA),the non- federal entity acknowledges acceptance of the terms and conditions of the award and is obligated to perform in accordance with the requirements of the award. If the non-federal entity cannot accept the terms,the non-federal entity should notify the Grants Management Officer(GMO) within thirty(30) days of receipt of this award notice.Once an award is accepted by a non-federal entity,the contents of the Notice of Award (NoA) are binding on the non- federal entity unless and until modified by a revised NoA signed by the GMO. Certification Statement: By drawing down funds,the non-federal entity certifies that proper financial management controls and accounting systems,to include personnel policies and procedures, have been established to adequately administer federal awards and funds drawn down. Non-federal entities of Small Business Administration (SBA)grants or cooperative agreement awards must comply with all terms and conditions of their awards, including: (a) terms and conditions included in the SBA Grants Policy effective at the time of a new, non- competing continuation, or renewal award, including the requirements of OMB grants administration regulations; (b) requirements of the authorizing statutes and implementing regulations for the program under which the award is funded; (c) applicable requirements or limitations in appropriations acts; and (d)any requirements specific to the particular award specified in program policy and guidance,the Notice of Funding Opportunity(NOFO). 2. Standard Term-Uniform Administrative Requirements,Cost Principles, and Audit Requirements for SBA Awards The NoA issued is subject to the administrative requirements, cost principles,and audit requirements that govern federal monies associated with this award, as applicable, in the Uniform Guidance 2 CFR Part 200. (https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2tab_02.tpl ). Under the authority listed above, the U.S. Small Business Administration adopts the Office of Management and Budget(OMB)Guidance in 2 CFR part 200, except for 2CFR 200.74, 200.92, and 200.93.Thus,this part gives regulatory effect to the OMB guidance and supplements the guidance as needed for the Administration. 3. Standard Term-Award Expectations The eligibility and program requirements originally outlined in NOFO must continue to be adhered to as the funded project is implemented. Non-federal entities must comply with the performance goals, milestones,outcomes, and performance data collection and related policy and guidance.Additional terms and/or conditions may be applied to this award if outstanding financial or programmatic compliance issues are identified by SBA. Page 1 SBA Award Standard Terms and Conditions DocuSign Envelope ID 66CF1530-6514-41EE-A4DD-F0DC58287EB9 4. Standard Term -Flow down of requirements to sub-recipients The non-federal entity, as the awardee organization, is legally and financially responsible for all aspects of this award including funds provided to sub-recipients, in accordance with 2 CFR§§ 200.330-200.332 Sub-recipient monitoring and management. 5. Standard Term-Future Funding If indicated in the NoA, recommended future support reflects TOTAL costs (direct plus indirect). Funding is subject to the availability of federal funds,and that matching funds, (if applicable), are verifiable, and progress of the award is documented and acceptable. 6. Standard Term-Non-Supplant Federal award funds must supplement, not replace (supplant) nonfederal funds. Applicants or award non-federal entities may be required to demonstrate and document that a reduction in non-federal resources occurred for reasons other than the receipt of expected receipt of federal funds. 7. Standard Term-Unallowable Costs Unless authorized under the Special Terms and Conditions, all costs incurred prior to the award issue date and costs not consistent with the funding opportunity and/or 2 CFR Part 200 are not allowable under this award. 8. Standard Term-Prior Approval SBA anticipates that the non-federal entity may need to modify the non-federal entity's award budget or other aspects of its approved application during performance to accomplish the award's programmatic objectives. In general, non-federal entities are allowed a certain degree of latitude to re-budget within and between budget categories (10%or less)to meet unanticipated needs and to make other types of post-award changes, provided that the changes still meet the statutory program requirements and the regulatory requirements under 2 CFR Part 200, as applicable. Items that require prior approval (i.e.formal written approval)from the GMO,as indicated in either 2 CFR Part 200 or the SBA Grants Policy Statement, must be submitted in writing to the GMO within 45 days of grant expiration. Based on the nature,extent, and timing of the request, the SBA GMO may approve, deny, or request additional material to further document and evaluate your request. Only responses provided by the GMO are considered valid. If SBA approves the request, an amended Notice of Award (NoA)will be issued.Verbal authorization is not approval and is not binding on SBA. Non-federal entities that proceed on the basis of actions by unauthorized officials do so at their own risk,and SBA is not bound by such responses. Prior approval is required for, but is not limited to: Changes in Key Personnel and Level of Effort, Budget Revisions(more than 10%or when requesting a new budget cost category), Changes in Scope, Carryover Requests(that fall outside the term for the Expanded Authority for Carryover), and No Cost Extensions. Page 2 SBA Award Standard Terms and Conditions DocuSign Envelope ID.66CF 1530-6514-41 EE-A4DD-F0DC58287EB9 SBA may confer a one-time extension of the expiration date of this Award for up to 12 additional months if You can demonstrate more time is necessary for the adequate completion of specific project objectives.A request for an extension must be in writing(with supporting justification) and must be received by the Grants Officer Technical Representative(GOTR) at least 45 calendar days prior to the scheduled expiration of this Award. SBA will not approve any extension request that: Is solely for the purpose of expending remaining funds; ii. Is for a project that previously received an extension; iii. Is more than 12 months in length; iv. Requires the commitment of additional Federal funds;or v. Involves any change in the objectives or scope of the project. 9. Standard Term-Administrative and National Policy Requirements Public policy requirements are requirements with a broader national purpose than that of the Federal sponsoring program or award that an applicant/non-federal entity must adhere to as a prerequisite to and/or condition of an award. Public policy requirements are established by statute, regulation, DOJ, and OMB memorandums, or Executive order. In some cases,they relate to general activities,such as preservation of the environment,while, in other cases they are integral to the purposes of the award-supported activities.An application funded with the release of federal funds through a grant award does not constitute or imply compliance with federal statute and regulations. Funded organizations are responsible for ensuring that their activities comply with all applicable federal regulation requirements. 10. Standard Term-Executive Pay The Executive Schedule (ES) sets the yearly salaries for top government officials, including the leaders and senior personnel in over 75 Federal government agencies. The Executive Level II salary cap limitation for calendar year(CY) 2022 was increased to $203,700 by Executive Order 14061 effective January 2nd. An individual's Institutional Base Salary(IBS)should be reflected in the proposal budget or budget justification section for all salary requests. The current Executive Level II salary can be found at the Office of Personnel Management's website at General Schedule (opm.gov) The law limits the salary amount that may be awarded and charged to SBA assistance agreements and cooperative agreements.Award funds may not be used to pay the salary of any individual at a rate in excess of Executive Level II.This amount reflects an individual's base salary exclusive of fringe and any income that an individual may be permitted to earn outside of the duties to the applicant organization.This salary limitation also applies to subawards/subcontracts under an SBA grant or cooperative agreement. Page 3 SBA Award Standard Terms and Conditions DocuSign Envelope ID 66CF 1530-6514-41 EE-A4DD-F0DC58287EB9 11. Standard Term-Non-federal Entity Responsibilities a. Be responsive to SBA requests for information and communication.Changes to Your organization's contact information, including Your AOR or other designated representatives, must be reported promptly to SBA. b. Promptly advise SBA of any difficulties You encounter or anticipate encountering that may affect the conduct of Your project. c. Cooperate with all programmatic and financial examinations and any accreditation or certification reviews conducted by SBA, its agents,or contractors.You will promptly address and act upon all findings regarding Your project made as part of any such process. a. Provide full access to all activities supported with project funds to the general public without regard to their participation in any paid membership or subscription plan. b. Maintain adequate staffing levels for the delivery of client services,including replacing Key Personnel no more than 60 days after they cease their involvement with the project. c. Participate in SBA surveys and studies regarding the effectiveness and outcomes of the program/project,curriculum,types of assistance,service delivery methods,etc." d. Coordinate with SBA and other Agency resource partners operating within Your project service area to maximize the effectiveness of Your efforts and avoid duplication of products and services. e. Promote SBA programs, products, and services to clients, as appropriate. f. Maintain adequate, readily accessible facilities for assisting clients, including satellite locations where appropriate. g. Provide at least 40 hours per week of availability to assist clients, including sufficient evening and weekend availability and on-line and telephone assistance,to meet the needs of Your service area and clientele.Although You may maintain multiple service locations, no more than two locations may count toward meeting the weekly service hours requirement. h. Provide meaningful access to project services for clients with limited English language proficiency and/or disabilities. i. Maintain adequate staffing levels for the delivery of client services, including replacing Key Personnel no more than 60 days after they cease their involvement with the project. Page 4 SBA Award Standard Terms and Conditions DocuSign Envelope ID.66CF1530-6514-41EE-A4DD-F0DC58287EB9 j. Participate in SBA surveys and studies regarding the effectiveness and outcomes of the program/project, curriculum,types of assistance, service delivery methods, etc. k. Submit and update information to USASpending.gov and other Federal databases, as required. 12. Standard Term-SAM and UEI Requirements Awards are subject to requirements as set forth in 2 CFR 25.110 Central Contractor Registration (CCR)(NOW SAM)AND Unique Entity Identifier(UEI) Numbers. 2 CFR Part 25-Appendix A4, System of Award Management (SAM) and Universal Identifier Requirements A. Requirement for System of Award Management Unless you are exempted from this requirement under 2 CFR 25.110,you, as the non-federal entity, must maintain the currency of your information in the SAM, until you submit the final financial report required under this award or receive the final payment,whichever is later.This requires that you review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another award term. B. Requirement for unique entity identifier If you are authorized (reference project description)to make subawards under this award,you: 1. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term) may receive a subaward from you, unless the entity has provided its unique entity identifier to you. 2. May not make a subaward to an entity, unless the entity has provided its unique entity identifier to you. 13. Standard Term-Federal Financial Accountability and Transparency Act(FFATA) Reporting Subawards and Executive Compensation, 2 CFR,Appendix A to Part 170 a. Reporting of first-tier subawards. 1.Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that obligates$25,000 or more in Federal funds that does not include Recovery funds(as defined in section 1512(a)(2)of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5)for a subaward to an entity(see definitions in paragraph e. of this award term). 2. Where and when to report. i. You must report each obligating action described in paragraph a.1.of this award term to http://www.fsrs.gov. ii. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the Page 5 SBA Award Standard Terms and Conditions DocuSign Envelope ID 66CF 1530-6514-41 EE-A4DD-F0DC58287EB9 obligation was made on November 7, 2010,the obligation must be reported by no later than December 31, 2010.) 3.What to report. You must report the information about each obligating action that the submission instructions posted at http://www.fsrs.gov specify. b. Reporting Total Compensation of Recipient Executives. 1.Applicability and what to report.You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if— i. the total Federal funding authorized to date under this award is$25,000 or more; ii. in the preceding fiscal year,you received— (A) 80 percent or more of your annual gross revenues from Federal procurement contracts(and subcontracts) and Federal financial assistance subject to the Transparency Act,as defined at 2 CFR 170.320 (and subawards); and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts(and subcontracts) and Federal financial assistance subject to the Transparency Act,as defined at 2 CFR 170.320 (and subawards); and iii.The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a)or 15(d)of the Securities Exchange Act of 1934(15 U.S.C. 78m(a),78o(d))or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information,see the U.S.Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) 2. Where and when to report.You must report executive total compensation described in paragraph b.1. of this award term: i. As part of your registration profile at https://www.sam.gov. ii. By the end of the month following the month in which this award is made, and annually thereafter. c. Reporting of Total Compensation of Subrecipient Executives. 1.Applicability and what to report. Unless you are exempt as provided in paragraph d. of this award term,for each first-tier subrecipient under this award,you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if— i. in the subrecipient's preceding fiscal year,the subrecipient received— Page 6 SBA Award Standard Terms and Conditions DocuSign Envelope ID.66CF1530-6514-41 EE-A4DD-F0DC58287EB9 (A) 80 percent or more of its annual gross revenues from Federal procurement contracts(and subcontracts) and Federal financial assistance subject to the Transparency Act,as defined at 2 CFR 170.320 (and subawards); and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts(and subcontracts), and Federal financial assistance subject to the Transparency Act(and subawards); and ii.The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a)or 15(d)of the Securities Exchange Act of 1934(15 U.S.C. 78m(a), 78o(d))or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information,see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) 2. Where and when to report.You must report subrecipient executive total compensation described in paragraph c.1.of this award term: i.To the non-federal entity. ii. By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year(i.e., between October 1 and 31),you must report any required compensation information of the subrecipient by November 30 of that year. d. Exemptions If, in the previous tax year,you had gross income,from all sources, under$300,000,you are exempt from the requirements to report: i. Subawards,and ii.The total compensation of the five most highly compensated executives of any subrecipient. e. Definitions. For purposes of this award term: 1. Entity means all of the following, as defined in 2 CFR part 25: i.A Governmental organization, which is a State, local government,or Indian tribe; ii.A foreign public entity; iii. A domestic or foreign nonprofit organization; iv. A domestic or foreign for-profit organization; v.A Federal agency, but only as a subrecipient under an award or subaward to a non- Federal entity. 2. Executive means officers,managing partners,or any other employees in management positions. Page 7 SBA Award Standard Terms and Conditions DocuSign Envelope ID 66CF1530-6514-41EE-A4DD-F0DC58287EB9 3. Subaward: i.This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the non-federal entity award to an eligible subrecipient. ii.The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec. .210 of the attachment to OMB Circular A-133, "Audits of States, Local Governments, and Non- Profit Organizations"). iii.A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract. 4. Subrecipient means an entity that: i. Receives a subaward from you(the non-federal entity) under this award; and ii. Is accountable to you for the use of the Federal funds provided by the subaward. 5. Total compensation means the cash and noncash dollar value earned by the executive during the non-federal entity's or subrecipient's preceding fiscal year and includes the following: i. Salary and bonus. ii.Awards of stock, stock options,and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii. Earnings for services under non-equity incentive plans.This does not include group life, health,hospitalization or medical reimbursement plans that do not discriminate in favor of executives and are available generally to all salaried employees. iv. Change in pension value.This is the change in present value of defined benefit and actuarial pension plans. v. Above-market earnings on deferred compensation which is not tax-qualified. vi. Other compensation,if the aggregate value of all such other compensation (e.g. severance,termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds$10,000. 14. Standard Term-FAPIIS-Recipient Integrity and Performance Appendix XII to 2 CFR Part 200 A. Reporting of Matters Related to Recipient Integrity and Performance 1. General Reporting Requirement Page 8 SBA Award Standard Terms and Conditions DocuSign Envelope ID:66CF1530-6514-41 EE-A4DD-F0DC58287EB9 If the total value of your currently active grants, cooperative agreements, and procurement contracts from all Federal awarding agencies exceeds$10,000,000 for any period of time during the period of performance of this Federal award,then you as the non-federal entity during that period of time must maintain the currency of information reported to the System for Award Management(SAM)that is made available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)) about civil, criminal, or administrative proceedings. 2. Proceedings About Which You Must Report Submit the information required about each proceeding that: a. Is in connection with the award or performance of a grant, cooperative agreement,or procurement contract from the Federal Government; b. Reached its final disposition during the most recent five-year period;and c. If one of the following: (1) A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of this award term and condition; (2) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of$5,000 or more; (3)An administrative proceeding, as defined in paragraph 5 of this award term and condition,that resulted in a finding of fault and liability and your payment of either a monetary fine or penalty of$5,000 or more or reimbursement, restitution,or damages in excess of$100,000; or (4) Any other criminal,civil,or administrative proceeding if: (i) It could have led to an outcome described in paragraph 2.c.(1),(2),or (3)of this award term and condition; (ii) It had a different disposition arrived at by consent or compromise with an acknowledgement of fault on your part; and (iii)The requirement in this award term and condition to disclose information about the proceeding does not conflict with applicable laws and regulations. 3. Reporting Procedures Enter in the SAM Entity Management area the information that SAM requires about each proceeding described in paragraph 2 of this award term and condition.You do not need to submit the information a second time under assistance awards that you received if you already provided the information through SAM because you were required to do so under Federal procurement contracts that you were awarded. Page 9 SBA Award Standard Terms and Conditions DocuSign Envelope ID 66CF1530-6514-41EE-A4DD-F0DC58287EB9 4. Reporting Frequency Unless specified otherwise in the Special Terms and Conditions for Your award,the following reporting timelines apply: During any period of time when you are subject to this requirement in paragraph 1 of this award term and condition,you must report proceedings information through SAM for the most recent five-year period, either to report new information about any proceeding(s)that you have not reported previously or affirm that there is no new information to report. Recipients that have Federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000 must disclose semiannually any information about the criminal,civil, and administrative proceedings. Financial Reporting—Non-Federal Entities are required to submit quarterly and annual financial reports (SF—425). All SF-425 are reported cumulatively. Quarterly Reports—are due thirty(30)days following the reporting period. For example, if the quarter ends 3/31,the quarterly reports are due 5/1. Annual Reports—The first reflects the initial 12-month period. For example,awards issued on 10/01,the report period ends on 9/30 the following year and is due on 10/31. Subsequent annual reports should build upon the previous annual report. Program Progress Reporting—Program Progress Reports are due quarterly,thirty(30)days following the end of the reporting period. For example, if the quarter ends 3/31,the quarterly reports are due 5/1, unless otherwise stipulated in program special terms and conditions. 15. Standard Term-Acknowledgement of SBA Support/Use of SBA's Logo/Publication Requirements. It is important that Your clients and the general public are aware of the [grant program name] Program and SBA's role in this project, as well as the taxpayer funded support the Agency is providing under this Award.Therefore,You must include the following acknowledgment of support statement on all materials produced in whole or in part with Project Funds: "Funded [in part] through a Cooperative Agreement with the U.S. Small Business Administration." For purposes of this requirement,the term "materials" includes, but is not limited to, press releases, brochures, pamphlets, handouts, reports, advertisements, books,curricula,websites,video or audio productions,and similar items regardless of the medium employed. The term "materials" does not include stationery or business cards and SBA's logo may not be used on such items. Where You use Project Funds to produce materials featuring editorial content,You must use the following alternate acknowledgment of support statement(either independently or in conjunction with the SBA logo): "Funded in part through a Cooperative Agreement with the U.S. Small Business Administration.All opinions,conclusions, and/or recommendations expressed herein are those of the author(s)and do not necessarily reflect the views of the SBA." Page 10 SBA Award Standard Terms and Conditions DocuSign Envelope ID 66CF1530-6514-41EE-A4DD-F0DC58287EB9 In addition,You must display signage featuring the SBA logo at all facilities that are open to the public and which are being used for project activities.Such signage must prominently feature the acknowledgment of support statement identified above. Where used,the acknowledgment of support statement must be presented in a legible typeface, font size, and (where applicable)color contrast and must appear verbatim and may not be altered or replaced with substitute language. However,on materials with severe space constraints such as signs and banners,You may use"SBA" in the acknowledgment of support statement instead of"U.S. Small Business Administration." You may elect to use SBA's logo on materials produced with Project Funds.You may contact the GMO in order to obtain a high-resolution copy of SBA's logo and a copy of SBA's Graphic and Use Guide.Where used,the SBA logo may be positioned in close proximity to Your organization's logo or may be placed in a prominent location elsewhere in the material. However, SBA's logo may not be placed in close proximity to any third party's logo, or used in such a way as may imply that a relationship exists between SBA and any third party(Note:Your organization's parent entity is not considered a third party).Additionally, in each instance where You use the SBA logo,You must also include the acknowledgement of support statement in reasonably close proximity to the logo. Neither the SBA logo nor the acknowledgment of support statement may be used in connection with activities outside the scope of this Award. in particular, UNDER NO CIRCUMSTANCES may the SBA logo or acknowledgment of support statement appear on items used in conjunction with fundraising, lobbying, or the express or implied endorsement of any goods, service,entity,or individual.Additionally,You may not use the SBA logo on any social media sites or services without obtaining prior approval from SBA. For further guidance regarding the prior approval process,see Part III(A)(13) above. 16. Standard Term-Acknowledgement of Federal Funding at Conferences and Meetings A conference is defined as a meeting, retreat, seminar, symposium, workshop or event whose primary purpose is the dissemination of technical information beyond the non- Federal entity and is necessary and reasonable for successful performance under the Federal award.Allowable conference costs paid by the non-Federal entity as a sponsor or host of the conference may include rental of facilities, speakers'fees,costs of meals and refreshments,local transportation, and other items incidental to such conferences unless further restricted by the terms and conditions of the Federal award.As needed,the costs of identifying, but not providing, locally available dependent- care resources are allowable. Conference hosts/sponsors must exercise discretion and judgment in ensuring that conference costs are appropriate,necessary and managed in a manner that minimizes costs to the Federal award. 17. Standard Term-Mandatory Disclosures Consistent with 2 CFR 200.113, applicants and non-federal entity's must disclose in a timely manner, in writing to the SBA awarding agency with a copy to the SBA Office of Inspector General (OIG), all information related to violations of federal criminal law involving fraud, bribery,or gratuity violations potentially affecting the federal award.Subrecipients must disclose, in a timely manner, in writing to the prime recipient(pass through entity)and the SBA OIG, all information related to Page 11 SBA Award Standard Terms and Conditions DocuSign Envelope ID 66CF1530-6514-41EE-A4DD-F0DC58287EB9 violations of federal criminal law involving fraud, bribery,or gratuity violations potentially affecting the federal award. Disclosures must be sent in writing to the awarding agency and to the SBA OIG and OGM at the following addresses: US Small Business Administration Attention:Office of Grants Management 409 3rd Street SW,Suite 5000 Washington,DC 20416 AND US Small Business Administration Office of Inspector General 409 3rd Street SW,5th Floor Washington, DC 20416 Failure to make required disclosures can result in any of the remedies described in 2 CFR 200.338 remedies for noncompliance, including suspension or debarment. 18. Lobbying Restrictions Per 2 CFR§200.450, Recipients are subject to the restrictions on lobbying as set forth in 2 CFR part 200. 18 U.S.C. § 1913, No part of the money appropriated by any enactment of Congress shall, in the absence of express authorization by Congress, be used directly or indirectly to pay for any personal service, advertisement,telegram,telephone, letter, printed or written matter,or other device, intended or designed to influence in any manner a Member of Congress, a jurisdiction,or an official of any government,to favor, adopt,or oppose, by vote or otherwise, any legislation, law, ratification, policy,or appropriation,whether before or after the introduction of any bill,measure, or resolution proposing such legislation, law, ratification, policy,or appropriation; but this shall not prevent officers or employees of the United States or of its departments or agencies from communicating to any such Member or official, at his/her request,or to Congress or such official, through the proper official channels, requests for any legislation, law, ratification, policy, or appropriations which they deem necessary for the efficient conduct of the public business, or from making any communication whose prohibition by this section might, in the opinion of the Attorney General,violate the Constitution or interfere with the conduct of foreign policy,counter- intelligence, intelligence,or national security activities. Violations of this section shall constitute as a violation of 31 U.S.C. § 1352(a). Page 12 SBA Award Standard Terms and Conditions DocuSign Envelope ID 66CF1530-6544-41 EE-A4DD-F0DC58287EB9 19. Drug-Free Workplace The Drug-Free Workplace Act of 1988(41 U.S.C. §701 et seq.) requires that all organizations receiving grants from any Federal agency agree to maintain a drug-free workplace. By signing the application, the AOR agrees that the Non-federal entity will provide a drug-free workplace and will comply with the requirement to notify NIH if an employee is convicted of violating a criminal drug statute. Failure to comply with these requirements may be cause for debarment. Government wide requirements for Drug- Free Workplace for Financial Assistance are found in 2 CFR part 182; SBA implementing regulations are set forth in 2 CFR part 382.400. All non-federal entities of SBA grant funds must comply with the requirements in Subpart B(or Subpart C if the non-federal entity is an individual) of part 382. 20. Non-Transferability This Award may not be transferred or assigned (either in whole or in part)without prior written approval from SBA. Additionally, no interest in this Award may be conferred upon a third party and the Award may not be pledged as collateral or security. 21. Standard Term-Advancing Racial Equity and Support for Underserved Communities Executive Order: Advancing Racial Equity and Support for Underserved Communities through the Federal Governments(E.O. 13985 can be found at: https://www.federalregister.gov/documents/2021/01/25/2021-01753/advancing-racial-equity-and- support-for-underserved-communities-through-the-federal-government ) 22.Standard Term-Trafficking Victims Protection Act of 2000(22 U.S.C.7104(G)),as amended, and 2 C.F.R. PART 175 The Trafficking Victims Protection Act of 2000 authorizes termination of financial assistance provided to a private entity, without penalty to the federal government, if the recipient or subrecipient engages in certain activities related to trafficking in persons. 2 C.F.R.§ 175.15(b). See http://www.gpo.gov/fdsys/pkg/CFR-2012-title2-vol1/pdf/CFR-2012-title2-voll-sec175-15.pdf. Award Term from 2 C.F.R.§175.15(b):Trafficking in persons. a. Provisions applicable to a recipient that is a private entity. 1) You,as the recipient,your employees, subrecipients under this award,and subrecipients' employees may not: a) Engage in severe forms of trafficking in persons during the period of time that the award is in effect; b) Procure a commercial sex act during the period of time that the award is in effect;or c) Use forced labor in the performance of the award or subawards under the award. 2)We as the federal awarding agency may unilaterally terminate this award,without penalty, if you or a subrecipient that is a private entity: a) Is determined to have violated a prohibition in paragraph a.1 of this award term;or Page 13 SBA Award Standard Terms and Conditions DocuSign Envelope ID 66CF1530-6514-41EE-A4DD-F0DC58287EB9 b) Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a.1 of this award term through conduct that is either: i. Associated with performance under this award;or ii. Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 C.F.R. Part 180,"OMB Guidelines to Agencies on and Suspension(Non- procurement)." b. Provision applicable to a non-federal entity other than a private entity. We as the federal awarding agency may unilaterally terminate this award,without penalty, if a subrecipient that is a private entity: 1) Is determined to have violated an applicable prohibition in paragraph a.1 of this award term; or 2) Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a.1 of this award term through conduct that is either: a)Associated with performance under this award; or b) Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Non- procurement),"as implemented by our agency at 2 CFR Part 1125. c. Provisions applicable to any non-federal entity. 1) You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a.1 of this award term. 2) Our right to terminate unilaterally that is described in paragraph a.2 or b of this section: a) Implements section 106(g)of the Trafficking Victims Protection Act of 2000(TVPA), as amended (22 U.S.C. 7104(g)); and b) Is in addition to all other remedies for noncompliance that are available to us under this award. 3)You must include the requirements of paragraph a.1 of this award term in any subaward you make to a private entity. d. Definitions. For purposes of this award term: 1) "Employee" means either: •An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or Page 14 SBA Award Standard Terms and Conditions DocuSign Envelope ID:66CF1530-6514-41EE-A4DD-FODC58287EB9 •Another person engaged in the performance of the project or program under this award and not compensated by you including, but riot limited to,a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements. 2) "Forced labor" means labor obtained by any of the following methods:the recruitment, harboring,transportation, provision,or obtaining of a person for labor or services,through the use of force,fraud,or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. 3) "Private entity": •Means any entity other than a state, local government, Indian tribe,or foreign public entity,as those terms are defined in 2 CFR 175.25. •Includes: A nonprofit organization, including any nonprofit institution of higher education, hospital,or tribal organization other than one included in the definition of Indian tribe at 2 CFR 175.25(b). A for-profit organization. 4) "Severe forms of trafficking in persons," "commercial sex act," and "coercion"have the meanings given at section 103 of the TVPA,as amended (22 U.S.C.7102). 23. Standard Term-Accessibility Provisions Non-federal entities of federal financial assistance(FFA)from SBA must administer their programs in compliance with federal civil rights law.This means that non-federal entities of SBA funds must ensure equal access to their programs without regard to a person's race,color, national origin, disability, age, and in some circumstances,sex and religion.This includes ensuring your programs are accessible to persons with limited English proficiency. SBA provides guidance to recipients of FFA on meeting their legal obligation to take reasonable steps to provide meaningful access to their programs by persons with limited English proficiency. The SBA Office for Civil Rights also provides guidance on complying with civil rights laws enforced by SBA. Recipients of SBA also have specific legal obligations for serving qualified individuals with disabilities. Please contact the SBA Office for Civil Rights for more information about obligations and prohibitions under federal civil rights laws at 1-800-827-5722. 24. Standard Term-Accessibility of Facilities and Events In accordance with the Americans With Disabilities Act of 1990(42 U.S.C. § 12101 et seq.)and §504 of the Rehabilitation Act of 1973 (29 U.S.C. §794), all facilities You use to provide services to the public in connection with this project must be accessible by persons with disabilities. In addition,all notices, promotional items, brochures, publications,and media announcements informing the Page 15 SBA Award Standard Terms and Conditions DocuSign Envelope ID:66CF 1530-6514-41 EE-A4DD-F0DC58287EB9 public of events, programs, meetings,seminars,conferences and workshops conducted pursuant to this project must include the following accessibility/accommodations notice: Reasonable accommodations for persons with disabilities will be made if requested at least two weeks in advance. Contact [insert contact information for the person who will make the arrangements]." 25. Standard Term-Data Collection and Performance Measurement: All non-federal entities are required to collect and report evaluation data to ensure the effectiveness and efficiency of its programs under the Government Performance and Results(GPRA) Modernization Act of 2010(P.L. 102-62). Non-federal entities must comply with the performance goals,milestones, and expected outcomes as reflected in the Notice of Funding Opportunity(NOFO) and are required to submit data per reporting requirements. Please contact your GOTR for additional submission information. 26. Standard Term-Procurement of Goods and Services: You may follow Your own procurement policies and procedures when contracting with Project Funds, but You must comply with the requirements of 2 C.F.R. §§ 200.317-200.326. Additionally, when using Project Funds to procure supplies and/or equipment,You are encouraged to purchase American-manufactured goods to the maximum extent practicable.American-manufactured goods are those products for which the cost of their component parts that were mined, produced, or manufactured in the United States exceeds 50 percent of the total cost of all their components. For further guidance regarding what constitutes an American-manufactured good (also known as a domestic end product), see 48 C.F.R. Part 25. 27. Standard Term—Audits If You are not subject to the requirements of the Single Audit Act,You must prepare an annual financial statement. If Your organization has been categorized as a high-risk entity by SBA due to financial and/or performance issues,you will be required to obtain an audited annual financial statement at your own expense until such time as Your organization is removed from the high-risk category. Non-federal entities are responsible for submitting their Single Audit Reports and the Data Collections Forms(SF-FAC)electronically to the to the Federal Audit Clearinghouse Visit disclaimer page(FAC)within 30 days after receipt or nine months after the FY's end of the audit period.The FAC operates on behalf of the OMB. 28. Standard Term—Recordkeeping You must maintain complete and accurate records and supporting documentation of sufficient detail to facilitate a thorough financial, programmatic,and/or legal compliance audit or examination of this project.You must make these records available to SBA, its agents, its Office of Inspector General,and/or Federal investigators on demand and provide them with unrestricted access to Page 16 SBA Award Standard Terms and Conditions DocuSign Envelope ID 66CF1530-6514-41 EE-A4DD-F0DC58287EB9 review and make copies of all products, materials,and data, including those prepared or stored electronically.At a minimum,the records You must maintain on this project include: i.The time and attendance of employees whose salaries are charged to this Award,with sufficient detail to substantiate the claimed percentage of work performed in support of this project. ii. Contact information for project clients and a log of the type and amount of assistance provided. iii.An inventory of equipment purchased, in whole or in part,with award funds.This inventory must comply with the requirements of 2 C.F.R. § 200.313. iv. Your ledgers and annual A-133 Audit Report. If You are not subject to the requirements of the Single Audit Act,You must have an annual audited financial statement. Unaudited financial statements are not an acceptable substitute. v. Copies of receipts,invoices,contracts, leases,and other supporting documentation for all expenses paid with Project Funds. vi. Copies of checks, receipts, letters of donation, and other supporting documentation for all matching contributions related to this Award. vii. Copies of judicial and administrative decisions and compliance reviews(as applicable) and other supporting documentation demonstrating your adherence to the legal requirements listed in the SF-424B Records may be kept in hard copy,electronic,or facsimile form and must be retained for no less than three years from the date the final project report is due. For further guidance regarding recordkeeping requirements, see 2 C.F.R. §§ 200.333—200.337. Standard Term—Closeout Requirements All Final Reports are due within one hundred and twenty(120)days after the expiration of the project period.The following reports are required. • Final payment document(SF-270) • Final Federal Financial Report(SF-425) • Final Performance Report • De-obligation Letter 29. Standard Term-Ad Hoc Submissions Throughout the project period, SBA may determine that a grant requires submission of additional information beyond the standard deliverables.This information may include, but is not limited to, the following: • Payroll • Invoices Page 17 SBA Award Standard Terms and Conditions DocuSign Envelope ID 66CF 1530-6514-41 EE-A4DD-F0DC58287EB9 • Consultant Contract documentation • Proof of project implementation 30. Standard Term-Submitting Responses to Conditions and Reporting Requirements Unless otherwise identified in the special terms and conditions of award and post award requests, all responses to special terms and conditions of award and post award requests must be submitted to the Program Office and the Office of Grants Management(OGM). 31. Standard Term-UEI As of April 4, 2022,the Federal government stopped using the DUNS Number to uniquely identify entities. Now,entities doing business with the Federal government use the Unique Entity ID created in SAM.gov. If your entity is registered in SAM.gov,your Unique Entity ID has already been assigned and is viewable in SAM.gov. This includes inactive registrations. The Unique Entity ID is located on your entity registration record. 32.Standard Term—Whistlebtower Protection If you are a Federal employee,or employee of a contractor,subcontractor,or grantee submitting information to the SBA OIG regarding fraud waste or abuse in the SBA's programs or operations,you are probably a whistleblower. Please be aware, however that specific criteria apply to whistleblower protections afforded by law. For example, disclosures by current and former federal employees, applicants for federal employment, and employees of a federal contractor,subcontractor,or grantee have special meaning and protections. Federal law prohibits governmental personnel from retaliating against an employee who acts as a whistleblower by reporting suspected waste,fraud or abuse to the OIG. Under the Federal prohibited personnel practices, 5 U.S.C. §2302(b)(8),employees may not"take or fail to take,or threaten to take or fail to take, a personnel action with respect to any employee or applicant for employment" because the person has disclosed information to an OIG which he or she reasonably believes is evidence of(1) a violation of any law, rule,or regulation, or(2) gross mismanagement, a gross waste of funds, an abuse of authority,or a substantial and specific danger to public health or safety, so long as the disclosure is not specifically prohibited by law or Executive Order. Reporting Fraud The OIG encourages all SBA employees and lenders to be on the lookout for fraud. If you suspect fraud, please report it to the OIG immediately by contacting the OIG Hotline at 1-800-767-0385 or OIGHotline@sba.gov(link sends e-mail). 33. Standard Term—Restrictions on Certain Types of Clients You may not utilize project resources to provide counseling services to any concern that: • is other than small; • is based in a foreign country; • is engaged in any activity that is illegal under federal, state,or local law or that can reasonably be determined to support or facilitate any activity that is illegal under federal,state,or local law; Page 18 SBA Award Standard Terms and Conditions DocuSign Envelope ID 66CF 1530-6514-41 EE-A4DD-F0DC58287EB9 • derives more than one-third of its gross annual revenue from legal gambling activities; • presents live performances of a prurient sexual nature or derives more than a de-minimus amount of revenue from the sale of products or services of a prurient sexual nature; • is not organized for profit(Exception:To the extent it does not negatively impact the goals or milestones established under this Award or detract from its core purpose, You may use project resources to counsel non-profit organizations that devote a significant portion of their activities to assisting entrepreneurs). 34. Standard Term—Governing Authority/Order of Precedence This Award is subject to the following requirements and representations,whether stated explicitly or incorporated by reference: 1. The statutes, regulations, and policy documents cited in Blocks 1 and 14 of the Notice of Award cover page and any other relevant, subsequently enacted laws. 2. Program Announcement No. [Number], [any existing policy documents You want them to follow(e.g., manuals,etc.)], and any subsequently issued SBA policy guidance. 3. Those terms and conditions set forth below. 4. Your accepted application for this Award, including all forms and assurances,and any subsequently approved additions or modifications. In the event of a conflict between these requirements,the Order of Precedence listed above will determine which prevails. Unless explicitly stated otherwise,all deadlines discussed in this Notice of Award will be measured in terms of calendar days. By signing Block 23 of the Notice of Award cover page, You acknowledge Your acceptance of all these requirements. Page 19 SBA Award Standard Terms and Conditions DocuSign Envelope ID.66CF 1530-6514-41 EE-A4DD-F0DC58287EB9 Definitions The definitions listed below apply to all SBA Awards.Additional definitions relating to a particular SBA program may be found in the grant program regulations, Program Announcement, and/or Special Terms and Conditions. a. Award—a conferral of Federal financial assistance to support a specific public project, whether in the form of a grant, cooperative agreement,or contract. b. Client—an entity receiving technical assistance under this Award.A Client may be an existing small business concern, or an individual interested in owning and operating a small business concern. c. Client Information—files and records concerning a Client, as well as any information that could be used to identify,contact,or locate a Client. Does not include statistics or similar data that is not attributed to a particular Client. d. Entity,as it is used in this award term, means all of the following, as defined at 2 CFR part 25, subpart C: a. A governmental organization,which is a state, local government,or Indian Tribe; b. A foreign public entity; c.A domestic or foreign nonprofit organization; d. A domestic or foreign for-profit organization; and e.A Federal agency, but only as a subrecipient under an award or subaward to a nonfederal entity. e. Key Personnel—those individuals who play a crucial role in the conduct of a project. Examples include directors,managers,counselors, and instructors, but not support staff. f. Overmatch(ed)—a level of matching contributions that exceeds the amount required. g. Program Income—additional funds generated through the conduct of project activities. Includes, but is not limited to, income derived from service or event fees,sales of commodities, repayments of interest or principal on loans made with Project Funds, and usage or rental fees. Does not include interest earned on advances of Federal funds. h. Project Funds—all funds covered by the project budget. Includes both Federal funds and matching contributions (cash and in-kind) dedicated to the project. i. Subaward: a. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the non-federal entity award to an eligible subrecipient. b.The term does not include your procurement of property and services needed to carry out the project or program (for further explanation,see 2 CFR 200.330). c.A subaward may be provided through any legal agreement, including an agreement that you consider a contract. j. System of Award Management(SAM)means the federal repository into which an entity must provide information required for the conduct of business as a non-federal entity.Additional information about registration procedures may be found at the SAM Internet site (currently at: http://www.sam.gov). k. Unique entity identifier(UEI)means the identifier required for SAM registration to uniquely identify business entities. Page 20 SBA Award Standard Terms and Conditions DocuSign Envelope ID:66CF 1530-6514-41 EE-A4DD-F0DC58287EB9 !. You—the non-federal entity organization (recipient)for the Award. Page 21 SBA Award Standard Terms and Conditions APPENDIX A CERTIFICATIONS, CLAUSES,AND REGULATIONS THE FOLLOWING CERTIFICATIONS, CLAUSES,AND REGULATIONS ARE INCORPORATED BY REFERENCE IN THIS AGREEMENT WITH THE SAME FORCE AND EFFECT AS THOUGH HEREIN SET FORTH IN FULL TEXT. REFERENCES TO REGULATIONS ARE AS OF THE DATE OF THIS AGREEMENT. A. EQUAL OPPORTUNITY-Subrecipient shall comply with all applicable provisions of state and federal constitutions, laws, regulations and judicial orders pertaining to non-discrimination and equal employment opportunity including but not limited to: 1. The Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.; 2. The Age Discrimination Act of 1975, 42 U.S.0 §6101-6107; 3. The 1991 Civil Rights Act, P.L. 102-166, 42 U.S.0 §1981 et seq;, 4. The Drug Free Work Place Act of 1998, PL 100-690, Title V, Subtitle D; 5. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. § 1681-1688;and. 6. The Equal Employment Opportunity Act, E.O. 11246, as amended by E.O. 11375, and as supplemented by regulations at 41 CFR Part 60 and 34 C.F.R Part 106. I. B. CERTIFICATION REGARDING DEBARMENT,SUSPENSION,AND OTHER RESPONSIBILITY MATTERS (EXECUTIVE ORDER 12549, DEBARMENT AND SUSPENSION, 34 CFR PART 85) Subrecipient certifies to the best of its knowledge and belief,that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 2. Have not within a three-year period preceding award of this Agreement been convicted of, or had a civil judgment rendered against them for commission of, fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public(Federal, State or Local)transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft,forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally charged by a governmental entity (Federal, State or Local)with commission of any of the offenses enumerated in Paragraph (2) above; and 4. Have not within a three-year period preceding award of this Agreement had one or more public transactions (Federal, State or Local)terminated for cause or default. 5. Is not delinquent on any Federal debt. C. ANTI-KICKBACK ACT OF 1986 -The applicable provisions of the Anti-Kickback Act of 1986,41 U.S.0§ 51 et. seq, as set forth in FAR 3.502-2, FAR 3.502-3 and FAR 52.203-7 are hereby incorporated herein by reference. Subrecipient certifies that it is in compliance with said Act. D. CERTIFICATION REGARDING LOBBYING - Subrecipient certifies, to the best of its knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient,to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Subrecipient shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. Subrecipient shall require that the language of this certification be included in the award documents for all subawards at all tiers and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. E. CONFLICT OF INTEREST- Subrecipient, by signing this Agreement, covenants that Subrecipient has no public or private interest, direct or indirect, and shall not acquire directly or indirectly any such interest which does or may conflict in any manner with the performance of Subrecipient's services and obligations under this Agreement. Subrecipient further covenants that, in the performance of this contract, no person having such interest shall be employed by the Subrecipient. Subrecipient warrants that it is not in any way related to any person signing this agreement within the third degree by consanguinity or affinity. Subrecipient shall have written policies and guidelines on conflict of interest and avoidance there of. Subrecipient certifies that, to the best of its knowledge upon reasonable inquiry, conflicts of interest(including, but not limited to conflicts which may exist under the Virginia Conflict of Interest Acts, or the federal Conflict of Interest Acts)do not exist for individuals participating in the project supported under this Agreement. Should this situation change during the time of this Subrecipient shall promptly advise Mason of such change. F. CLEAN AIR AND FEDERAL WATER POLLUTION CONTROL ACT-Subrecipient agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C.§7401 et seq.)and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251 et seq., as amended). G. RESEARCH WITH HUMAN SUBJECTS-When human research subjects are involved in the performance of Work, Subrecipient agrees to comply with all current U.S. Government regulations concerning protection of human research subjects, with particular reference to Sponsor's implementation of 45 CFR Part 46- Protection of Human Subjects. Subrecipient agrees to provide certification to Mason prior to the conduct of any human subjects research under this Agreement that an appropriate institutional review board has reviewed and approved the procedures which involve human subjects and that the Subrecipient also have a Federal Wide Assurance for research with human subjects. Mason will not serve as the institutional review board for the Subrecipient. Instances of noncompliance with this provision shall be reported immediately to the Office of Research Subject Protections. The Subrecipient agrees to provide copies of all reportable events such as unanticipated problems, continuing reviews, amendments that are submitted to the Subrecipient's institutional review board during the course of the research with human subjects, to the Principal Investigator as identified in Article 6 KEY PERSONNEL and: Office of Research Integrity&Assurance George Mason University Research Hall, Room 142 4400 University Drive, MS 6D5 Fairfax, VA 22030 H. USE OF LABORATORY ANIMALS—When the use of live vertebrate animals is involved in the performance of Work, Subrecipient agrees to comply with all current Federal regulations concerning the care and use of animals, as required by the Animal Welfare Act, as amended. Subrecipient agrees to provide certification to Mason upon execution of this Agreement that an appropriate institutional animal care and use committee has reviewed and approved all procedures involving live vertebrate animals. Mason will not serve as the institutional review board for the Subrecipient. Instances of noncompliance with this provision shall be reported immediately to the Mason Administrative contact. I. SCIENTIFIC MISCONDUCT— Instances of scientific fraud or misconduct related to the performance of the work conducted under this Agreement shall be reported to the Mason Administrative Contact immediately subsequent to any independent determination that fraud or misconduct has occurred. J. FINANCIAL DISCLOSURE-If Subrecipient employs more than 50 persons, Subrecipient certifies to the best of its knowledge that all financial disclosures required by the Sponsor/Agency policy have been made and that all identified conflicts will have been satisfactorily managed, reduced or eliminated prior to the institution's expenditure of any funds under this Agreement award, in accordance with Subrecipient's conflict of interest policy. As conflicts which cannot be satisfactorily managed, reduced or eliminated, must be disclosed to Sponsor/Agency through Mason, Subrecipient shall promptly advise Mason of any such conflict(s). If Subrecipient is an educational institution, Subrecipient certifies that its most recent A-133 audit was completed for the fiscal year and there were no findings of material weakness, material instances of noncompliance, or findings related to any subaward related to Mason. K. COMPLIANCE WITH FEDERAL AND STATE LAW-Subrecipient agrees that it is currently in compliance with all applicable local, state and federal laws and will remain in such compliance at all times and in all events during the term of this Agreement. Subrecipient agrees to notify Mason promptly if there is any change of status in any of the above certifications. Failure to so comply will automatically terminate this Agreement as of the time of noncompliance. Subrecipient will indemnify and hold contractor and its employees harmless from the results of any and all violations. L. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT OF 2006,AS AMENDED, 2008 (FFATA)—Prime recipients of federal awards are required to report any subaward that is, together with its modifications, greater than $25,000.00 to the General Services Administrations' Federal Subaward Reporting System. Accordingly, Subrecipient shall provide the following information in accordance with federal law: a. Is Subrecipient registered in SAM (formerly CCR)? ❑Yes ❑ No b. DUNS Number: c. EIN Number or Tax ID d. Congressional District: e. Is the performance site the same address as contained in the agreement? ❑Yes ❑No If no, please provide: f. The names and total compensation of the five most highly compensated officers of the Subrecipient must be provided if: i. Last fiscal year, was 80 percent or more of Subrecipient's annual gross revenue from Federal contracts, subcontracts, loans, grants, subgrants or cooperative agreements; and ii. Subrecipient receive $25 million or more in annual gross revenues from Federal awards; and iii. The public does not have access to information about the compensation of the senior executives of the Subrecipient through periodic reports filed under section 13(a)or 15(d)of the Securities Exchange Act of 1934 [15 U.S.C. §§78m(a), 78o(d)] or section 6104 of the Internal Revenue Code. Is Subaward exempt from reporting executive compensation? ❑Yes UNo (If no, please complete the information below.) Officer 1 Name: Officer 1 Compensation: Officer 2 Name: Officer 2 Compensation: Officer 3 Name: Officer 3 Compensation: Officer 4 Name: Officer 4 Compensation: Officer 5 Name: Officer 5 Compensation: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21'day of August 2023. No. 42725-082123. A RESOLUTION accepting the Virginia Department of Transportation's (VDOT) Highway Safety Improvement Program funds for FY23-FY24; and authorizing the execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the VDOT award in the total amount of$88,000 for the Highway Safety Improvement Program for FY23-FY24, for two separate projects, with no required local match from the City, which projects enhance safety for motorists, bicyclists and pedestrians, as more fully set forth in the City Council Agenda Report dated August 21, 2023. 2. The City Manager or his designee is hereby authorized to execute and file, on behalf of the city, any documents setting forth the conditions of the grant in a form approved by the City Attorney. 3. The City Manager or his designee is further directed to furnish such additional information as may be required in connection with acceptance of the foregoing Grant. ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of August 2023. No. 42726-082123. AN ORDINANCE appropriating funding from the Commonwealth of Virginia Department of Transportation, amending and reordaining certain sections of the 2023- 2024 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2023-2024 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Expenditures Approp. From Federal Grant Funds 08-530-9265-9002 $ 57,600 Approp. From State Grant Funds 08-530-9265-9007 $ 6,400 Approp. From Federal Grant Funds 08-530-9267-9002 $ 21,600 Approp. From State Grant Funds 08-530-9267-9007 $ 2,400 Revenues HSIP Flashing Yellow Arrows 08-530-9265-9265 $ 57,600 HSIP Flashing Yellow Arrows 08-530-9265-9268 $ 6,400 HSIP Flashing Beacons 08-530-9267-9267 $ 21,600 HSIP Flashing Beacons 08-530-9267-9269 $ 2,400 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. ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: August 21, 2023 Subject: Acceptance of FY23 - FY24 Virginia Department of Transportation (VDOT) Highway Safety Improvement Program Funds. Background: The Federal Highway Safety Improvement Program (HSIP) is a federally funded program to reduce fatal and severe injury crashes on roadway segments and intersections. The program is funded with 90% Federal and 10% State funding. No local fund match is required. In November 2016, through Resolution No. 40694-110716, the City applied for funding in the FY18-23 Six-Year Improvement Program to install Flashing Yellow Arrows (FYAs) and Rectangular Rapid Flashing Beacons (RRFBs.) The City completed the project. In early 2023, VDOT identified additional funding in the HSIP program and asked the City to identify additional locations for the installation of these traffic control devices. VDOT awarded additional funds and programmed the funding from FY23 through FY24. Considerations: VDOT has awarded the City $64,000 with the additional fund for installing Flashing Yellow Arrows at several signalized intersections. Candidate locations for installations include the following: • Williamson Rd and Rutherford Ave • Plantation Rd and Preston Ave, and • Aviation Dr. and Towne Square Blvd VDOT has also awarded the City $24,000 for installing Rectangular Rapid Flashing Beacons at two locations in the city. Candidate locations include the following: • McClanahan St and Broadway Ave SW • Salem Turnpike and Westwood Blvd NW Recommended Action: Accept the Highway Safety Improvement Program (HSIP) funding award in the amounts of $64,000 for FYAs and $24,000 for RRFBs. Authorize the City Manager or his designee to execute the VDOT Standard Project Administration Agreement and Appendices for the HSIP projects similar to those attached such agreements shall be in a form approved by the City Attorney. Authorize the City Manager or his designee to take such actions and execute such additional documents as may be necessary to obtain, accept, implement, administer, and use such funds. Establish revenue estimates of$64,000 and 24,000 and appropriate the same into two new capital accounts to be established by the Director of Finance. Bob Cowell, City Manager Distribution: Council Appointed Officers Sam Roman, Assistant City Manager Amelia C. Merchant, Deputy Director of Finance Ross Campbell, P.E., Director of Public Works IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA. The 21' day of August 2023. No. 42727-082123. A RESOLUTION authorizing the acceptance of the DOT-SS4A-FY22-01 Safe Streets and Roads for All Discretionary Grant Program - Action Plan Grant from the Office of the Secretary of Transportation, U.S. Department of Transportation; and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the DOT-SS4A-FY22-0.1 Safe Streets and Roads for All Discretionary Grant Program - Action Plan Grant from the Office of the Secretary of Transportation,U.S;Department of Transportation,in the total amount of$480,000,with a local match of$120,000. The grant is more particularly described in the City Council Agenda Report dated August 21, 2023. 2. The City Manager or his designee is hereby authorized to execute and file,on behalf of the City, any documents setting forth the conditions of the grant in a form approved by the City Attorney. 3. The City Manager or his designee is further directed to furnish such additional information as may be required in connection with acceptance of the foregoing Grant. ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of August 2023. No. 42728-082123. AN ORDINANCE appropriating funding from the Office of the Secretary of Transportation, U.S. Department of Transportation for the Safe Streets and Roads for All Grant, amending and reordaining certain sections of the 2023-2024 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 2023-2024 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Fees for Professional Services 35-530-3948-2010 $600,000 Revenues Safe Streets and Roads For All Grant - Federal 35-530-3948-3948 480,000 Safe Streets and Roads For All Grant— Local 35-530-3948-3949 120,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Oke,e1;, .4. InAl--624r City Clerk. ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: August 21, 2023 Subject: Acceptance of the Safe Streets and Roads for All Discretionary Grant Program —Action Plan Grant from the United States Department of Transportation. Background: Safe Streets and Roads for All (SS4A) grants are new funding opportunities for the fiscal year (FY) 2022 from the Office of the Secretary of Transportation, U.S. Department of Transportation (DOT). SS4A grants are to be awarded on a competitive basis to support planning, infrastructure, behavioral, and operational initiatives to prevent death and serious injury on roads and streets involving all roadway users, including pedestrians; bicyclists; public transportation, personal conveyance, and micromobility users; motorists; and commercial vehicle operators. The two grants types offered are Action Plan Grants and Implementation Grants. Action Plan Grants provide Federal funds to eligible applicants to develop or complete an Action Plan. The goal of an Action Plan is to develop a holistic, well-defined strategy to prevent roadway fatalities and serious injuries in a locality, Tribe, or region. The primary deliverable for an Action Plan Grant is a publicly available Action Plan. Implementation Grants fund projects and strategies identified in an Action Plan that address roadway safety problems. Applicants must have an existing Action Plan to apply for Implementation Grants. The Federal Highway Administration (FHWA) approved the City's FY2022 application and awarded $480,000 in funding to for the creation of a Vision Zero Action Plan. The grant funding will allow Transportation Division staff to hire a consultant to create a Vision Zero Action Plan for the City of Roanoke and position the City to successfully win future SS4A Implementation Grant Funds. There is a required 20% match of$120,000 associated with this $480,000 award. Recommended Action: Accept the DOT-SS4A-FY22-01 Safe Streets and Roads for All Discretionary Grant Program — Action Plan Grant described above and authorize the City Manager or his designee to execute the grant agreement and any related documents; all such documents shall be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate for $480,000 in grant revenue, the required 20% match of$120,000, and appropriate funding in the same amount into accounts established by the Director of Finance in the Grant Fund. Bob Cowell, City Manager Distribution: Council Appointed Officers Sam Roman, Assistant City Manager Amelia Merchant, Deputy Director of Finance Ross Campbell, Director of Public Works Dwayne D'Ardenne, Transportation Division Manager PUBLIC RIGHT OF WAY LOCATED ADJACENT TO OFFICIAL TAX MAP NO: 7240102 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21" day of August 2023. No. 42729-082123. AN ORDINANCE allowing a bus shelter encroachment requested by the Greater Roanoke Transit Company d/b/a Valley Metro ("GRTC"), into the public right-of-way adjacent to property located at 1935 Blue Hills Drive, N.E.,bearing Official Tax Map No. 7240102, which bus shelter will be located within the City Right-of-Way upon certain terms and conditions;and dispensing with the second reading of this Ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Authorization is hereby granted to GRTC to allow the encroachment of a GRTC owned bus shelter to be placed in the City's public right-of-way adjacent to property located at 1935 Blue Hills Drive, N.E., bearing Official Tax Map No. 7240102. The encroachment shall be approximately 11 feet in length and 5 feet in width,as more particularly set forth and described in the City Council Agenda Report dated August 21, 2023. 2. It is agreed by GRTC that in maintaining such encroachment,GRTC and its grantees, assignees, or successors in interest agree to indemnify and save harmless the City of Roanoke, its officers, agents, and employees from any and all claims for injuries or damages to persons or property, including attorney's fees,that may arise by reason of the above-described encroachment. GRTC agrees that the encroachment shall be removed at any time from the right-of-way upon written demand of the City of Roanoke, and that such placement and removal of the encroachment shall be at the sole cost and expense of GRTC. GRTC agrees that it shall be responsible for the installation, maintenance, operation, cleaning,repair, restoration, of the encroachment, and it shall replace any damage to the bus shelter, and any damage to the land, caused by the placement and removal of the encroachment, at GRTC's sole cost and expense. 3. GRTC, its grantees, assigns, or successors in interest, shall, for the duration of this permit, maintain on file with the City Clerk's Office evidence of insurance coverage for such bus shelter in an amount not less than $2,000,000 of general liability insurance. The certificate of insurance must list the City of Roanoke, its officers, agents, and employees as additional insureds, and an endorsement by the insurance company naming these parties as additional insureds must be received within thirty(30)days of passage of this ordinance. The certificate of insurance shall state that such insurance may not be canceled or materially altered without thirty (30) days written advance notice of such cancellation or alteration being provided to the Risk Management Officer for the City of Roanoke. 4. The City Clerk shall transmit an attested copy of this Ordinance to the General Manager for GRTC at 1108 Campbell Avenue, S.E., Roanoke, Virginia, 24013. 5. This Ordinance shall be in full force and effect at such time as a copy, duly signed, sealed,and acknowledged by GRTC has been admitted to record,at the cost of GRTC,in the Clerk's Office of the Circuit Court for the City of Roanoke and shall remain in effect only so long as a valid, current certificate evidencing the insurance required in Paragraph 3 above is on file in the Office of the City Clerk, or until the City requires the removal of such bus shelter, which may be done in the sole discretion of the City by sending written notice to GRTC to remove such bus shelter. In the event this Ordinance is not signed by GRTC and recorded in the Circuit Court Clerk's Office for the City of Roanoke within 90 days from the adoption of this Ordinance,this Ordinance shall terminate and be of no further force and effect. 6. Pursuant to Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: Ci-e.C.th-41--j". ti)//tA'el":"t City Clerk. The undersigned acknowledges that it has read and understands the terms and conditions stated above and agrees to comply with those terms and conditions. GREATER ROANOKE TRANSIT COMPANY D/B/A VALLEY METRO By: Kevin Price, General Manager COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, a Notary Public in and for the State and City aforesaid,do certify that the foregoing instrument was acknowledged before me this day of , 2023, by Kevin Price, General Manager of the Greater Roanoke Transit Company d/b/a Valley Metro. My commission expires: Notary Public SEAL ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: August 21, 2023 Subject: Request for Encroachment Permit for Greater Roanoke Transit Company t/a Valley Metro (GRTC) Bus Shelter Located at Blue Hills Drive at Blue Hills Circle in the Right of Way at 1935 Blue Hills Drive, N. E. Background: The Greater Roanoke Transit Company, t/a Valley Metro (GRTC) requests an encroachment permit for the installation of a transit bus shelter which will encroach approximately 11 feet in length and 5 feet in width into City right of way, located at 1935 Blue Hills Drive, NE, Tax ID 7240102, approximately 127 feet east of Glade Creek Road, as shown on the attached plan, as well as sidewalk between the existing sidewalk and curb measuring 5 feet by 5 feet. GRTC will own and maintain the transit bus shelter. This transit bus shelter will provide transit service users the option to wait for transit services under cover and out of the weather elements. The transit shelter will be fully compliant with Americans with Disability Act (ADA) regulations. As a condition to being granted the encroachment permit, GRTC will be required to obtain and maintain liability insurance naming the City of Roanoke as an additional insured and to indemnify and hold the public harmless against any and all claims against the City of Roanoke arising out of GRTC's placement of the transit bus shelter into the public right of way. Recommended Action: Approve the proposed Ordinance authorizing the encroachment of the transit bus shelter described above, owned by GRTC, into the public right of way at the location described on the plan attached to this letter. All necessary documents required for this encroachment are to be approved as to form by the City Attorney. Bob Cowell, City Manager Distribution: Council Appointed Officers Angie O'Brien, Assistant City Manager Kevin L. Price, GRTC, General Manager Ronnie E. Parker, GRTC, Assistant General Manager Cassandra L. Turner, Economic Development Specialist ATTACHNIENT A TO ENCROACHMENT REQUEST August 21, 2023 AMONG GRTC AND CITY OF ROANOIE w F 4 Nr , PUBLIC RIGHT OF WAY LOCATED ADJACENT TO OFFICIAL TAX MAP NO: 7210101 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21 st day of August 2023. No. 42730-082123. AN ORDINANCE allowing a bus shelter encroachment requested by the Greater Roanoke Transit Company d/b/a Valley Metro ("GRTC"), into the public right-of-way adjacent to property located at 1751 Blue Hills Drive,N.E.,bearing Official Tax Map No. 7210101, which bus shelter will be located within the City Right-of-Way upon certain terms and conditions;and dispensing with the second reading of this Ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Authorization is hereby granted to GRTC to allow the encroachment of a GRTC owned bus shelter to be placed in the City's public right-of-way adjacent to property located at 1751 Blue Hills Drive, N.E., bearing Official Tax Map No. 7210101. The encroachment shall be approximately 11 feet in length and 5 feet in width,as more particularly set forth and described in the City Council Agenda Report dated August 21, 2023. 2. It is agreed by GRTC that in maintaining such encroachment,GRTC and its grantees, assignees, or successors in interest agree to indemnify and save harmless the City of Roanoke, its officers, agents, and employees from any and all claims for injuries or damages to persons or property, including attorney's fees,that may arise by reason of the above-described encroachment. GRTC agrees that the encroachment shall be removed at any time from the right-of-way upon written demand of the City of Roanoke, and that such placement and removal of the encroachment shall be at the sole cost and expense of GRTC. GRTC agrees that it shall be responsible for the installation, maintenance, operation, cleaning, repair, restoration, of the encroachment, and it shall replace any damage to the bus shelter, and any damage to the land, caused by the placement and removal of the encroachment, at GRTC's sole cost and expense. 3. GRTC, its grantees, assigns, or successors in interest, shall, for the duration of this permit, maintain on file with the City Clerk's Office evidence of insurance coverage for such bus shelter in an amount not less than $2,000,000 of general liability insurance. The certificate of insurance must list the City of Roanoke, its officers, agents, and employees as additional insureds, and an endorsement by the insurance company naming these parties as additional insureds must be received within thirty(30)days of passage of this ordinance. The certificate of insurance shall state that such insurance may not be canceled or materially altered without thirty (30) days written advance notice of such cancellation or alteration being provided to the Risk Management Officer for the City of Roanoke. 4. The City Clerk shall transmit an attested copy of this Ordinance to the General Manager for GRTC at 1108 Campbell Avenue, S.E., Roanoke, Virginia, 24013. 5. This Ordinance shall be in full force and effect at such time as a copy, duly signed, sealed,and acknowledged by GRTC has been admitted to record,at the cost of GRTC,in the Clerk's Office of the Circuit Court for the City of Roanoke and shall remain in effect only so long as a valid, current certificate evidencing the insurance required in Paragraph 3 above is on file in the Office of the City Clerk, or until the City requires the removal of such bus shelter, which may be done in the sole discretion of the City by sending written notice to GRTC to remove such bus shelter. In the event this Ordinance is not signed by GRTC and recorded in the Circuit Court Clerk's Office for the City of Roanoke within 90 days from the adoption of this Ordinance,this Ordinance shall terminate and be of no further force and effect. 6. Pursuant to Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: 0-12-tAi Ca/A-toll City Clerk. The undersigned acknowledges that it has read and understands the terms and conditions stated above and agrees to comply with those terms and conditions. GREATER ROANOKE TRANSIT COMPANY D/B/A VALLEY METRO By: Kevin Price, General Manager COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, a Notary Public in and for the State and City aforesaid,do certify that the foregoing instrument was acknowledged before me this day of , 2023, by Kevin Price, General Manager of the Greater Roanoke Transit Company d/b/a Valley Metro. My commission expires: Notary Public SEAL . ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: August 21, 2023 Subject: Request for Encroachment Permit for Greater Roanoke Transit Company t/a Valley Metro (GRTC) Bus Shelter Located at Blue Hills Drive at Blue Hills Circle in the Right of Way adjacent to 1751 Blue Hills Drive, N. E., approximately 108 feet east of Blue Hills Circle. Background: The Greater Roanoke Transit Company, t/a Valley Metro (GRTC) requests an encroachment permit for the installation of a transit bus shelter which will encroach approximately 11 feet in length and 5 feet in width into City right of way, located adjacent to 1751 Blue Hills Drive, NE, Tax ID: 7210101, approximately 111 feet east of Blue Hills Circle, as shown on the attached plan, as well as sidewalk between the existing sidewalk and curb measuring 5 feet by 2 feet. GRTC will own and maintain the transit bus shelter. This transit bus shelter will provide transit service users the option to wait for transit services under cover and out of the weather elements. The transit shelter will be fully compliant with Americans with Disability Act (ADA) regulations. As a condition to being granted the encroachment permit, GRTC will be required to obtain and maintain liability insurance naming the City of Roanoke as an additional insured and to indemnify and hold the public harmless against any and all claims against the City of Roanoke arising out of GRTC's placement of the transit bus shelter into the public right of way. Recommended Action: Approve the proposed Ordinance authorizing the encroachment of the transit bus shelter described above, owned by GRTC, into the public right of way at the location described on the plan attached to this letter. All necessary documents required for this encroachment are to be approved as to form by the City Attorney. Bob Cowell, City Manager Distribution: Council Appointed Officers Angie O'Brien, Assistant City Manager Kevin L. Price, GRTC, General Manager Ronnie E. Parker, GRTC, Assistant General Manager Cassandra L. Turner, Economic Development Specialist ATTACHMENT A TO ENCROACHMENT REQUEST DATED AUGUST 21,2023 AMONG GRTC AND CITY OF ROANOKE } 4 N k t $' z €g s �c �s 2y"- qj ems- , -ft. a 3 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21'day of August 2023. No. 42731-082123. AN ORDINANCE authorizing the City Manager or his designee to enter into an Agreement between the City of Roanoke and Roanoke Emergency Medical Services, Inc., to provide the continuation of volunteer staffing for emergency care to the citizens of Roanoke; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or his designee is authorized to execute, on behalf of the City of Roanoke, in form approved by the City Attorney, an Agreement with Roanoke Emergency Medical Services, Inc., to continue to provide volunteer staffing for emergency care to the citizens of Roanoke for one (1) year, with up to four (4) additional one (1) year renewal periods. All as more particularly set forth in the City Council Agenda Report dated August 21, 2023. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading by title of this ordinance is hereby dispensed with. ATTEST: awi;„ LatA.e,y- City Clerk. d �'+ -44 ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: August 21, 2023 Subject: Execution of an agreement with Roanoke Emergency Medical Services, Inc. Background: The City has worked in partnership with Roanoke Emergency Medical Services, Inc., (REMS) since 1989 to provide volunteer staffing for emergency care to the citizens of Roanoke. REMS volunteers answer hundreds of calls each year, responding with both Basic Life Support and Advanced Life Support staffed ambulances. The City provides an annual subsidy in the amount of$50,000, which is budgeted in account 01-520-3213-3698. An agreement has been prepared to ensure that the responsibilities and expectations of all parties are clearly stated and understood. Recommended Action: Authorize the City Manager or his designee to execute the attached Agreement with Roanoke Emergency Medical Services, Inc., for continuation of the services outlined in said Agreement, with four annual renewals. Such agreement shall be approved as to form by the City Attorney. Bob Cowell, City Manager Distribution: Council Appointed Officers H. David Hoback, Chief Roanoke Fire-EMS Page 1/6 AGREEMENT THIS AGREEMENT entered into the day of August, 2023 by and between the CITY of ROANOKE, VIRGINIA. a municipal corporation organized and existing under the laws of the Commonwealth of Virginia, hereinafter referred to as the "CITY". and ROANOKE EMERGENCY MEDICAL SERVICES. INC., hereinafter referred to as ..REMS"; WITNESSETH: THAT FOR AND IN CONSIDERATION of the undertakings of the parties of this contract, the CITY and REMS do hereby covenant and agree as follows: Definitions —For the purpose of the Agreement, the following words and phrases shall have the meanings respectively ascribed to them in this section: A. Advanced life support or "ALS" means the application by EMS personnel of invasive and noninvasive medical procedures or the administration of medications that is authorized by the Office of Emergency Medical Services. Includes the certification levels of: Advanced EMT(does not meet ALS staffing standard),EMT-Intermediate and EMT-Paramedic. B. Attendant-in-charge or "AIC" means the certified or licensed person who is qualified and designated to be primarily responsible for the provision of emergency medical care. C. Basic life support or "BLS" means the application by EMS personnel of invasive and noninvasive medical procedures or the administration of medications that is authorized by the Office of EMS. This is the EMT- Basic. D. Career—a compensated professional provider employed by the City. E. Volunteer—a non-compensated professional provider. F. Fire-EMS Department — responsible for the administration and coordination of all emergency medical services and related programs within the City. G. EMS Field Operations Officer — career supervisory personnel responsible for daily management of EMS field operations. H. Operator— a person certified pursuant to the rules and regulations of the Board of Health. Commonwealth of Virginia governing EMS as responsible for the operation of an emergency medical services vehicle. In addition to the minimum requirement established by the state, all operators are to be certified to a minimum of EMT-Basic. I. Provider—career or volunteer personnel who have successfully completed program pre-requisites for providing pre-hospital care and other associated functions within the City. 8/4.2023 Page 2/6 J. EMS 15—EMS station located at 374 Day Ave. SW owned and maintained by REMS. K. Ground Transport EMS Vehicle—Primarily intended for the response to a medical emergency for the delivery of basic and advanced life support, and for the transportation of patients who require such care. II. REMS responsibilities: A. REMS shall staff EMS vehicles whenever possible to answer 9-1-1 emergency calls and provide coverage for medical standbys for special events. When possible, a monthly staffing schedule should be provided to the Battalion Chief of EMS Health and Safety to include available dates for 9-1-1 coverage and all special events. B. REMS shall allow storage of City reserve ambulances at its facility located at 374 Day Avenue and the use of REMS ambulances by City personnel when needed. C. REMS shall not dispose of or transfer ownership of any property or equipment heretofore or hereafter donated by the City to REMS without written agreement of the City. Should REMS cease to operate as a non-profit organization providing emergency medical service to the public, all right. title and interest of REMS in property or equipment heretofore and hereafter donated by the City shall vest in the City. REMS agrees.upon request of the City, to execute any documentation or take any other steps reasonably required to record, document or facilitate the transfer of ownership of such property or equipment to the City. D. REMS must comply with all requirements set forth in the Rules and Regulations. Board of Health. Commonwealth of Virginia governing EMS. E. REMS shall provide secure storage for all medical supplies purchased by the City and a means of disbursement. F. REMS volunteers shall be selected through an approved membership process in accordance with the Rules and Regulations, Board of Health, Commonwealth of Virginia governing EMS and established local standards. G. REMS providers will document as a permanent record each emergency response utilizing the Fire-EMS Records Management System. REMS providers will also be responsible for obtaining and documenting required EMS Billing information. H. Complaints received relative to an REMS EMS response or REMS provider shall be investigated by REMS and the City. The Quality Assurance/Quality Improvement (QAIQI committee) and the Operational Medical Director or Associate Operational Medical Director will investigate all complaints involving clinical performance. Appropriate disciplinary action will be 8./4/2023 Page 3/6 taken by respective administrative staffs to address valid complaints. Repetitive clinical performance deficits may result in decertification within the City. I. REMS shall ensure that EMS vehicles remain at assigned facilities and be readily available for response. Exceptions will include when vehicles are active on a local response, mutual aid responses, out of service for repairs or as otherwise approved by the appropriate REMS representative or the EMS Operations Officer. J. REMS shall maintain complete financial records and transaction of accounts made in connection with this agreement. Such records include, but will not be limited to purchase of supplies and equipment, administrative costs, and funds expended for training and continuing education. K. REMS personnel shall, at all times, operate EMS vehicles in accordance with all applicable local and state laws and as defined in City P.O.P. and SOG's governing emergency vehicle operation. L. REMS will perform annual driver's license verification and driving record check through the State Division of Motor Vehicles and keep records in personnel file (any REMS personnel with DMV points at -4 or greater or with a charge and/or conviction of DWI,'DUI will not be allowed to operate any City owned vehicle). M. Upon receipt of reasonable notice, REMS shall make available to the City or its authorized agent, or its independent auditors, personnel and financial records as the same pertains to the performance of services pursuant to this agreement II. The City of Roanoke Responsibilities: A. The City shall provide REMS with an annual subsidy in the amount of S50.000.00 to be disbursed no later than July 31 of each year. B. The City shall provide vehicle maintenance and repairs (not accident related) for EMS licensed REMS vehicles. All maintenance shall be coordinated through the Fire-EMS designated fleet manager. The City reserves to right to decline maintenance on any REMS vehicle deemed no longer serviceable. C. The City shall provide motor fuel for all licensed REMS vehicles at the City garage or one of the Fire-EMS Stations (diesel only). D. The City shall provide all necessary medical supplies needed to maintain standard level of care and comply with State regulations. 8 4 2023 Page 4/6 E. The City shall make available training opportunities for initial EMS certification and recertification to REMS members. IV. Administration A. The Fire-EMS Department's Chief or designee shall serve as liaison between REMS and the City. Any notice or formal communications from REMS to the City shall be addressed to the following: Roanoke Fire-EMS Department 713 Third St SW Roanoke, VA 24016 B. REMS elected operations officer or designee shall serve as liaison with the City. Any notice or formal communications from the City to REMS shall be addressed to the following: Roanoke Emergency Medical Services, Inc. P.O. Box 1830 Roanoke, VA 24008 C. The City shall be responsible for approving all contracts, memoranda of understanding, and agreements relating to the delivery of EMS within the City. V. Operations A. The City shall ensure that service levels and performance standards are achieved. B. EMS personnel will not participate in the provision of patient care (responding on calls) until completion of OSHA training provided or approved by the City. C. The EMS Field Operations Officer (RS-1/RS-2) will be responsible for emergency medical field operations, ensuring efficient and appropriate utilization of resources, and ensuring that the standard of care identified in local, regional, and State protocols is provided. D. Providers shall, at all times, operate EMS vehicles in accordance with all applicable local and state laws and as defined in SOG's governing emergency vehicle operation. E. Providers shall inventory and properly stock all EMS vehicles with appropriate medical supplies in accordance with state regulations. VI. Miscellaneous A. REMS shall cause its motor vehicle liability, collision and comprehensive insurance policy or policies to be amended to name the City and City- employed EMS personnel as additional insured as their interests may appear on the above policies. The amount of motor vehicle liability insurance maintained by REMS shall not be less than S1,000.000.00 for 8/4(2023 Page 5/6 any one (1) accident or loss. REMS shall furnish the City with certificates evidencing the required coverage and containing a statement to the effect that the coverage shall not be cancelled or materially altered except after 45 days written notice to the City. The City in return will carry liability coverage for REMS personnel operating City owned vehicles. B. With respect to the subject matter of this agreement. the City. its officers, agents and employees shall assume no liability for the wrongful acts or omissions of REMS or their officers or members; REMS,their officers and members shall assume no liability for wrongful acts or omissions of the City or its officers, agents and employees. C. In the performance of this agreement, REMS shall not discriminate against any contractor, subcontractor, employee or applicant for employment or invitee because of race,religion,color,sex,or national origin,except where race, religion, color, sex, or national origin is a bona fide qualification reasonably necessary to the normal operation of REMS. D. The parties recognize and covenant that in providing services under this Agreement, REMS is acting as an independent contractor and not as an agent or employee of the City. E. The initial term of this Agreement shall be for a period of one (1) year commencing August . This Agreement shall automatically be renewed for four (4) additional one (1) year periods unless either party shall, 30 days prior to the expiration or any term. give written notice to the other party of the intent not to renew the Agreement. During the initial term of this Agreement and any extension, the City or REMS may terminate this Agreement prior to the expiration of the term by giving 45 days written notice to the other party. F. This Agreement constitutes the entire Agreement between the City and REMS and supersedes all prior negotiations, representations or agreements, either oral or written, including the agreement dated September 5, 1989, February 1. 1993, August 1, 2007, August 1, 2009, September 1, 2016 or January 1, 2018. This agreement may be amended only by written instrument signed by proper authorized officials on behalf of the City and REMS. SIGNATURE PAGE TO FOLLOW 8 4/2023 Page 6'6 IN WITNESS WHEREOF,the parties have caused this agreement to be signed by their duly authorized officers on the day and dates written above. City of Roanoke By: Witness: Robert S. Cowell, Jr. Name: City Manager Roanoke Emergency Medical Services, Inc. By: Witness: Name: Name: REMS President REMS Business Administrator 8 4/2023 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of August 2023. No. 42732-082123. AN ORDINANCE to appropriate funding from the Commonwealth, federal and private grant for various educational programs, amending and re-ordaining certain sections of the 2023-2024 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 2023-2024 School Grant Fund Appropriations be, and the same are hereby, amended and re-ordained to read and provide as follows: APPROPRIATIONS Original Budget Changes Requested Final Budget Personal Services 302- 110- 0000- 0000- 132R-61100-41121- 3-01 $ 4,580,000.00 - $ 4,580,000.00 Personal Services-Parental Involvement 302- 110- PINY- 0000- 132R-61100-41121- 3-01 31,000.00 - 31,000.00 Benefits 302- 110- 0000- 0000- 132R-61100-42204- 3-01 1,84-8,149.08 - 1,848,149.08 Benefits-Parental Involvement 302- 110- PINV- 0000- 132R-61100-42204- 3-01 2,372.00 - 2,372.00 Professional Development 302- 110- 0000- 1000- 132R-61100-43313- 9-01 146,780.00 - 146,780.00 Purchased Services 302- 110- 0000- 0000- 132R-61310-43381- 9-01 252,250.00 16,191.40 268,441.40 Purchased Services-Parental Involvement 302- 110- PINV- 0000- 132R-61310-43381- 9-01 18,000.00 - 18,000.00 Internal Printing-Parental Involvement 302- 110- PINV- 1000- 132R-61310-44450- 9-01 1,500.00 - 1,500.00 Travel 302- 110- 0000- 1000- 132R-61310-45551- 9-00 20,050.00 20,050.00 Leases&Rental Equipment 302- 110- 0000- 0000- 132R-61310-45541- 2-00 80,000.00 - 80,000.00 Indirect Cost 302- 000- INDC- 0000- 132R-00000-62000- 0-00 285,356.00 - 285,356.00 Miscellaneous Other Charges 302- 110- 0000- 0000- 132R-63200-45583- 2-01 1,800.00 - 1,800.00 Miscellaneous Other Charges-Parent Involvement 302- 110- PINV- 0000- 132R-63200-45583- 2-01 2,689.00 - 2,689.00 Materials&Supplies 302- 110- 0000- 0000- 132R-61100-46613- 2-01 543,354.00 - 543,354.00 Materials&Supplies-Parental Involvement 302- 110- PINV- 0000- 132R-61310-46613- 9-00 22,800.00 - 22,800.00 Juvenile Detention Education Coordinators/Instructors 302- 110- 0000- 1070-316T- 61100-41138- 9-09 656,563.00 - 656,563.00 Retiree Health Credit 302- 110- 0000- 1070-316T- 61100-42200- 9-09 7,944.41 - 7,944.41 Social Security/FICA 302- 110- 0000- 1070-316T- 61100-42201- 9-09 50,227.07 - 50,227.07 Virginia Retirement System 302- 110- 0000- 1070-316T- 61100-42202- 9-09 109,120.77 109,120.77 Health/Dental Insurance 302- 110- 0000- 1070-316T- 61100-42204- 9-09 114,285.76 - 114,285.76 State Group Life Insurance 302- 110- 0000- 1070-316T- 61100-42205- 9-09 8,797.99 - 8,797.99 Mileage 302- 110- 0000- 1070-316T- 61100-45551- 9-09 5,500.00 5,500.00 Indirect Costs 302- 110- 0000- 1070-316T- 61100-62000- 9-09 44,937.00 44,937.00 Related Services 302- 110- 0000- 1070-316T- 61100-43313- 9-09 1,000.00 - 1,000.00 Instrucional Supplies 302- 110- 0000- 1070-316T- 61100-46600- 9-09 8,700.00 - 8,700.00 Internet Services 302- 110- 0000- 1070-316T- 61100-45523- 9-09 11,800.00 11,800.00 Technology 302- 110- 0000- 1070-316T- 61100-46650- 9-09 9,600.00 - 9,600.00 Child Development Clinics Education Coordinators 302- 110- 0000- 1400-316T- 61100-41138- 9-09 242,182.00 242,182.00 Retiree Health Credit 302- 110- 0000- 1400-316T- 61100-42200- 9-09 3,930.39 3,930.39 Social Security/FICA 302- 110- 0000- 1400-316T- 61100-42201- 9-09 19,526.85 - 19,526.85 Virginia Retirement System 302- 110- 0000- 1400-316T- 61100-42202- 9-09 41,250.48 - 41,250.48 Health/Dental Insurance 302- 110- 0000- 1400-316T- 61100-42204- 9-09 49,022.06 49,022.06 State Group Life Insurance 302- 110- 0000- 1400-316T- 61100-42205- 9-09 4,245.22 - 4,245.22 Instruction-Teacher 302- 191- 1302- 0553-325S-61100-41121- 3-02 197,456.88 - 197,456.88 Retiree Health Credit 302- 191- 1302- 0553-325S-61100-42200- 3-02 872.55 - 872.55 Social Security 302- 191- 1302- 0553-325S-61100-42201- 3-02 13,950.33 - 13,950.33 Retirement-VRS 302- 191- 1302- 0553-325S-61100-42202- 3-02 11,984.49 11,984.49 Health/Dental 302- 191- 1302- 0553-325S-61100-42204- 3-02 338.65 - 338.65 Group Life Insurance 302- 191- 1302- 0553-325S-61100-42205- 3-02 10,181.10 10,181.10 Payment of Joint Operations 302- 191- 0000- 0553-325S-61100-47701- 9-02 151,778.00 151,778.00 $ 9,611,295.08'$ 16,191.40 $ 9,627,486.48 REVENUE Original Budget Changes Requested Final Budget Federal Grant Receipts 302- 000- 0000- 0000- 132R-00000-38010- 0-00 $ 7,836,100.08 $ 16,191.40 $ 7,852,291.48 State Grant Receipts 302- 000- 0000- 0000-316T- 00000-32220- 0-00 1,388,633.00 - 1,388,633.00 State Grant Receipts 302- 000- 0000- 0553-325S-00000-32272- 0-00 386,562.00 - 386,562.00 $ 9,611,295.08 $ 16,191.40 $ 9,627,486.48 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 ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: August 21, 2023 Subject: 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. Background: As the result of official Roanoke City School Board action on Tuesday, August 8 2023, the Board respectfully requests that City Council appropriate funding as outlined in this report. The 2021-22 Title I, Part A, Improving Basic Programs grant provides federal assistance to Roanoke City Public Schools for schools with high numbers or percentages of children from low-income families to help ensure that all children meet challenging academic content and achievement standards. This appropriation of$16,191 aligns the previous total of$7,836,100 with the revised award amount of$7,852,291. The grant period will end September 30, 2023. This is a continuing program. 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. The program will be fully reimbursed by state funds in the amount of $1,388,633 and will end March 31, 2024. This is a continuing program. The Regional Alternative Education Program grant provides funds for accelerated academic programming for students who are below grade level academically. The program will be fully reimbursed by state funds in the amount of $386,562 and will end June 30, 2023. This is a continuing program. Recommended Action: We recommend that Council concur with this report of the School Board and adopt the attached budget ordinance to establish revenue estimates and to appropriate funding as outlined. Bob Cowell, City Manager Distribution: Council Appointed Officers Verletta White, Superintendent, RCPS Chris Perkins, Chief Operations Officer, RCPS Kathleen M. Jackson, Chief Financial Officer, RCPS Amelia C. Merchant, Deputy Director of Finance David L. Collins, Senior Assistant City Attorney :14 Itit 0 Roanoke . CityPUBLIC SCHOOLS August 21,2023 The Honorable Sherman P.Lea Sr.,Mayor And members of Roanoke City Council Roanoke,Virginia 24011 Dear Mayor Lea and Members of Council: As a result of official School Board action on Tuesday,August 8, 2023,the Board respectfully requests that City Council approve the following appropriation requests: Revised Appropriations Award Title I,Part A,Improving Basic Programs 2021-22 $16,161.40 New Appropriations Award State Operated Programs: Juvenile Detention Home and Child Development Clinics $1,388,633.00 2023-24 Regional Alternative Education 2022-23 $386,562.00 On behalf of the School Board,thank you for your consideration. Sincerely, le ‘41(#) e Rita S.Huffman, M.Ed. School Board Clerk pc: Tim Spencer Bob Cowell Amelia Merchant Cecelia Webb Maryna Mabes Erik Reinartsen(w/details) Brent Robertson Eli C.S.Jamison, Ph.D., Chair • Joyce W.Watkins,Vice Chair Franny Apel • Diane M.Casola • Mark K.Cathey • Michael L. Cherry, II • Natasha N. Saunders 0:(540)853-2381 I F: (540) 853-2951 I P.O. Box 13145 I Roanoke,VA 24031 I www.rcps.info IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of August 2023. No. 42733-082123. A RESOLUTION adopting City Council's Travel,Expense,Budget Policies,and providing for an effective date. WHEREAS,the Travel,Expense,Budget Policy was previously adopted by Council on April 21, 2008 and subsequently amended on September 6, 2011; and WHEREAS, Council desires to adopt a new Travel Policy to better serve the needs of Council. NOW,THEREFORE,BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Council hereby adopts City Council's Travel, Expense, Budget Policies in substantially the format attached to the City Council Agenda Report dated August 21, 2023. 2. This resolution shall become effective upon its adoption. ATTEST: ' � �Q.c-dL • C �' City Clerk. — CITY OF ROANOKE or c t.- • OFFICE OF THE MAYOR ..rr f} 215 Church Avenue, S. W., Suite 452 Roanoke,Virginia 24011-1536 Telephone: (540)853-2444 Fax (540)853-1145 E-mail: MAYOR@ROANOKEVA.GOV SHERMAN P.LEA,SR. Mayor August 21, 2023 The Honorable Vice-Mayor Joseph L. Cobb and Members of the Roanoke City Council Roanoke, Virginia Dear Vice-Mayor Cobb and Members of Council: I have met with the City Clerk several times earlier this year to discuss a proposed travel and expense policy to establish guidelines for the Members of City Council for the expenditure of City funds for travel and other expenses. The updated policy was reviewed by the City Clerk, City Attorney, and Municipal Auditor; and a copy was sent to the Deputy Director of Finance. A copy of this proposed policy was provided to Vice-Mayor Joseph Cobb and Council Member White-Boyd for review. On July 7, 2023, the City Clerk shared a copy of the Revised City Council Travel Expense and Budget Policies to all Council Members requesting review and consent prior to July 21, 2023. This policy was brought before City Council at its August 7, 2023 Council meeting. The matter was tabled until August 21, 2023, due to concerns and clarifications needed before approval. The City Clerk shared a copy of the revisions with the City Council on August 15, 2023. Having received no additional comments from the Council regarding the proposed changes, I would respectfully request approval of the attached revised policy. Sincerely Sherman P. Lea, Sr. Mayor c: Drew Harmon, Municipal Auditor Bob Cowell, City Manager Timothy Spencer, City Attorney Amelia Merchant, Deputy Director of Finance rt4% CITY OF ROANOKE v, City Council Travel, Expense, and Budget Policy August 8, 2023 POLICY PURPOSE: It is the purpose of this policy to define the City's expectations of Council Members who travel in connection with their work responsibilities and to clarify which expenses the City will fund and which expenses are considered the personal responsibility of the traveler.This policy will replace the previously adopted policies on April 21, 2008 and revised September 6, 2011. POLICY STATEMENT: The City expects to pay all reasonable costs incurred by Council Members traveling on approved City business. Travel is a privilege and not a right conferred by election. Council Members are expected to use sound fiscal stewardship when expending public funds and to travel in the most logical and least expensive manner possible. This policy shall be reviewed and revised every two years. The review process will be done in collaboration with the City Attorney, City Council, City Clerk, Department of Finance, and Municipal Auditor. I. General Policies A. Members of City Council shall be subject to City Administrative Procedures pertaining to purchasing, travel, and business expenses. B. Documentation: It shall be the duty of the City Clerk's Office to prepare the required documents for travel and business expenses for Council Members as prescribed by administrative procedures. The Council Member for whom forms are prepared shall review and approve them for accuracy. The Director of Finance shall review these forms for completeness and compliance with City policy before signing as an approver. Revised August 8, 2023 C. Budgeting: Each Council Member shall be assigned an individual unit under Department 200 for budgeting and expenditure tracking purposes. 1. Personnel: Council Members are eligible for associated benefits including retirement as well as medical and dental insurance. Newly elected Council Members will make their benefit elections prior to taking office on January 1. The Department of Finance will establish a budgetary unit for each new Council Member no later than January 1 and shall appropriate the necessary funding. 2. Council Members shall be allocated operating funds equitably, providing each member with a base level capacity to engage with the electorate and other community stakeholders as elected representatives. Funding for phone and data services, routine travel, business meals, and community events shall be budgeted for each member through the City's annual budgeting process, as agreed on by all members. i. Travel for example can include conferences and travel to Richmond to meet with legislators up to the amount appropriated in the Council Member's individual annual budget. All related costs will be accounted for as "Training and Development" expenses. ii. Business meals in which the primary purpose of the meeting is to discuss laws, regulations, operations of the city or related initiatives are funded up to the amount appropriated in the Council Member's individual annual budget and in adheres with the City's Administrative Procedures 6.2. D. Conferences: Funding for attendance to any conference must be allocated during the annual budget process for each Council Member. For example, this includes attendance to the National League of Cities: City Summit, National League of Cities: Congressional City Conference, and the Virginia Municipal League Annual Conference. Council Members will rotate attendance to national or out-of-state conferences with priority given to those who have never attended. The Mayor shall provide the City Clerk a list outlining the rotation schedule and detailing the conferences, if any, each Member of Council will be attending during the fiscal year. This information shall be submitted to the City Clerk no later than July 1st each year. E. Budget Transfers: Budget transfer requests must be justified in writing and shall require approval by a simple majority of the Members of City Council. The City Clerk will submit budget transfer requests to the Department of Finance for processing. Revised August 8, 2023 F. Budget Deficits: Budget deficits should be minimal and administrative in nature. The Department of Finance will post the necessary budget transfers to clean up deficits at year end.A listing of all transfers involving department 200 "City Council" will be given to each Council Member. G. Boards and Commissions: As elected local government officials, Council Members may be asked to serve on boards at the state or national level. An understanding as to reimbursement for travel expenses associated with participation should be established before accepting appointment and specifics noted with the City Clerk's office. H. Community Events: As government dignitaries, Council Members are expected to represent the City at events hosted by charities and other public service oriented organizations. The cost of admission to such events will be paid by the City to the extent provided for within each Council Member's budget.A printed invitation or announcement of the event indicating the date, sponsoring organization and cost must be provided to the City Clerk's office for payment or reimbursement. I. Rewards and Special Recognition: The Roanoke City Council believes that, under certain circumstances, it is appropriate to recognize hard work, exceptional achievements and certain critical events relating to its employees and citizens. In this regard, Council's appreciation may be expressed through the provision of a tangible reward or a non- monetary expression of gratitude or sympathy. Therefore, City Council may elect to approve the expenditure of City funds from the "City Council" unit for recognitions that generally fall within the following categories: 1. Exceptional performance of an employee, individual, or group; 2. Retirement of an employee or individual who has rendered exceptional service, extraordinary longevity, etc.; 3. Serious illness or death; 4. Other: It is acknowledged that occasions may arise that are worthy of recognition by City Council which are not otherwise addressed in this policy. In such cases, the City Clerk may expend funds for such purpose after having obtained approval from a Council Member. J. Council Member Pcard charges shall be limited to City Council business. Pcard transactions shall be done in accordance with the established City Pcard policy. Expenses for other units shall be done utilizing the Council Member's personal card. Revised August 8, 2023 K. The City Clerk's Office shall provide an overview of appropriate administrative procedures and a copy of this policy to Council Members, as well as any future revisions. II.Travel Budget A. City Council shall establish Council Member budgets including travel as part of the annual City budget process. B. Travel budgets for the Mayor and Council Members up for election or due to leave office in any particular year shall be prorated by 50% during the annual budget process to ensure adequate funds are available for potential incoming Council Members. If the current sitting Mayor or Council Members are reelected, a budget transfer will be processed releasing the remaining funds. C. The City Clerk will provide each Council Member monthly report showing their budgeted and actual expenditures by the 15th of the following month. The City Clerk shall send a notification to any Council Member whose budget is close to being overdrawn, copying the Mayor, the City Manager, and the Director of Finance. D. Council Members shall not exceed authorized amounts budgeted for travel. Any and all travel expenses in excess of a Council Member's approved budget shall be reimbursed to the City by the Council Member. E. Exceptional Travel: City Council Members may have occasion to travel out-of-state or out of the country as part of the Sister Cities program, to accept national awards or recognitions, or for other reasons that a majority of Council Members recognize as important and worthy of support. In all such cases, the expenditures should be included in the initial adoption of the annual travel budget. F. Mid-year increases in travel budgets are discouraged and shall generally be considered only if Council Members can demonstrate that additional amounts are for unforeseen expenses that could not be anticipated prior to the initial adoption of the annual travel budget. Revised August 8, 2023 G. There are two ways for a Council Member to increase their approved travel budget: 1. The adopted travel budget can be amended on a case-by-case basis during the fiscal year by approval of the City Council. Council Members desiring an increase in their annual individual travel budget shall provide in writing an estimate of the additional amount requested prior to expenditure of funds.Justifications for the budget increase shall also be included with the request for additional funds. All increases in individual travel budgets must be approved by a majority vote of the full Council prior to expenditure. Requests will be subject to funding availability of the City Council account that will not cause a budget deficit. If approved,the City Clerk shall request a budget transfer into the Council Member's unit sufficient to cover the expense. 2. Council Members may choose at any time to relinquish a portion of their unspent travel budget to another Council Member. Any Council Member wishing to do so shall notify the City Clerk in writing. III.Travel Arrangements A. Travel arrangements shall be made as far in advance as possible to obtain the best possible fares and rates. Registration for conferences and training shall be made far enough in advance to take advantage of early (discounted) fees, and to avoid late registration fees. However, expenditures shall only be made in the fiscal year travel will be conducted. Expenditures for travel cannot cross fiscal years. B. If travel arrangements must be canceled for any reason, the Council Member must notify the City Clerk immediately to prevent the City from incurring unnecessary costs when possible.Any non-refundable charge for an unused travel expense shall be considered the Council Member's personal expense unless failure to cancel the reservation was due to circumstances reasonably beyond the Council Member's control. C. It is the sole responsibility of the City Clerk's Office to make travel arrangements for Council Member travel including registrations, transportation, and lodging. IV. Transportation A. Travelers shall use whatever mode of transportation is the most logical and least expensive. If a Council Member elects to use a mode of transportation other than the most logical and least expensive,the City shall not pay for the expense. B. Air Travel: Council Members shall not limit their air travel options by specifying an airline. The airline offering the lowest fare for a logical route shall be selected. Revised August 8, 2023 C. Use of Private Vehicles: Council Members shall be compensated for the use of their private vehicles for approved business travel, in accordance with City Administrative Procedure 6.4 that provides for reimbursement at the current IRS standard mileage rate up to a maximum of 400 miles per trip.The City shall pay all expenses, such as bridge tolls and parking fees, incurred as the result of a Council Member's authorized use of a vehicle while traveling on City business. Council Members requesting reimbursement for the payment of such expenses shall submit itemized receipts. To drive a City or privately owned vehicle on City business, Council Members must possess a valid driver's license. A driver of a privately owned vehicle must also carry adequate liability insurance coverage, and be responsible for any damage, service, or repair to the car occurring on the trip, as these costs are included in the City's per mile cost reimbursement. D. Train and Other Mass Transit: Council Members shall be compensated for train or other mass transit fares and fees provided that it is the most logical and least expensive method of travel. E. Ground Transportation at Destination: Supplementary transportation within the destination city shall be accomplished by hotel courtesy buses, local shuttle services or public transportation, if available and logical. Taxi or car service may be used when no other convenient, less costly mode of transportation is available. F. Rideshare Services:A rideshare service may be used when no other convenient,less costly mode of transportation is available. Gratuities for rideshare services are not allowable expenses. Rideshare expenses shall be allocated to the Council Member who booked the rideshare service. G. Rental Vehicles: Rental vehicles shall be used only when no other mode of transportation is available or when alternate transportation would be more expensive or impractical and must be authorized in advance. If a rental vehicle is authorized, Council Members shall request the least expensive vehicle category that meets their needs and adheres to the City's Administrative Procedures 6.4. Revised August 8, 2023 V. Lodging A. The City shall pay lodging expenses for approved travel, including the evening preceding or subsequent to a meeting or business event when the Council Member would otherwise have to travel from their residence before 6 a.m. or after 9 p.m. to reach or return from his or her destination. B. When there is not a specific lodging site associated with official City business, the City shall pay for actual lodging expenses up to the General Services Administration (GSA) maximum rate allowed by location. Note that the GSA maximum rate applies to the base room rate only, and does not include taxes. Every effort shall be made to obtain lodging at or near the facility where official City business is to take place to minimize travel time and transportation costs. The lodging should also be clean, safe and appropriate for business travel. Government rates are often available and should be sought. C. The City shall pay only for standard single rooms at conference, government or corporate rates. Additional charges arising from the registration or the sharing of a room with a spouse or guest are not reimbursable. D. Council Members shall notify the City Clerk regarding any reservations for lodging they will not use. Any charge for an unused reservation shall be considered the Council Member's personal expense unless failure to cancel the reservation was due to circumstances reasonably beyond the Council Member's control. VI. Out-of-Town Travel: Meals A. The City shall pay for a Council Member's meals during authorized travel, including tax and tips, up to the per diem amount established by the GSA for the destination location (available at: http://www.gsa.gov/portal/category/21287—"Meals Breakdown ") and in accordance with City Administrative Procedure 6.2, except that the City shall NOT pay for the following: 1. Meals that the Council Member elects to purchase from another source when the meals are included in the cost of a conference, training registration fee, or hotel stay. The only exception to this policy is for individuals with food allergies and dietary restrictions. 2. Alcoholic beverages. Revised August 8, 2023 • VIII. Miscellaneous Fees/Business Expenses A. Gratuities/Tips. The City shall pay reasonable and customary gratuities and tips during City business travel. Tips for meals are included in the standard per diem rate. Gratuities for transportation such as taxis or rideshares are not allowable expenses. B. Baggage Fees. If the airline charges for all checked baggage, the City shall cover the cost for one checked bag only. Excess baggage charges are not reimbursable. C. Personal Expenses. Personal expenses shall not be paid by the City. In addition to those items identified as personal expenses throughout this policy, personal expenses include, in-room movies, spas and gyms, optional recreational events in connection with a conference, laundry or dry cleaning, miscellaneous sundries, or other items of a personal nature. Personal travel shall not be mixed with business travel if it will cost the City or harm the City's interest in any way. The City shall not pay for any expenses of a spouse or other person who accompanies a Council Member on business travel. IX. Settlement of Expenses A. Within a week of a Council Member's return from a business trip, all itemized receipts will be submitted to the City Clerk. A final accounting of all expenses associated with the trip shall be submitted to the Department of Finance, including attaching original receipts substantiating all reported expenses and meals. Receipts submitted that include charges incurred by a spouse or guest traveling with a Council Member are not allowable. Meal receipts must reference which meal the expense is for i.e. breakfast, lunch, or dinner. B. If the Council Member personally paid for allowable business trip expenses, the City shall reimburse him or her through a check. Expenses paid for by a spouse or guest traveling with a Council Member are not reimbursable. Reimbursement of travel expenses received from an outside source must be forwarded to the City Clerk upon receipt. C. To the extent that another agency or organization pays for the travel or conference expenses of a Council Member, the City shall not pay for those same expenses. Council Members shall either submit the other agency's payment to the City (in which case the City shall pay for the Council Member's entire expenses), or refrain from claiming expenses for that portion of his/her expenses paid for by the other agency. Revised August 8, 2023 X. Exceptions to the Policy This policy does not claim to address all contingencies and conditions. However, any exception requires City Council approval for anticipated/known exceptions or unanticipated/unplanned expenses. Requests for exceptions should be accompanied by the traveler's written justification for the expense. Examples of exceptions to this policy include, but are not limited to, the following: • Unusual business expenses; • Per diem and/or lodging expenses which exceed GSA limits; • The purchase of one or more meals from another source even though they were included in a conference and/or seminar registration fee; • The use of an alternate mode of transportation under the Americans with Disabilities Act; • Travel costs in excess of budgeted amounts. For example, inclement weather resulting in an overnight stay. Xl. Audits The Municipal Auditing Department shall conduct audits annually to ensure compliance with this policy. Audit results shall be submitted to the Mayor, Members of Council, City Manager, and City Clerk. Revised August 8, 2023 ..„_ ;_,_._,,.„... , . e ,-4.. .. ,,i, CITY OF ROANOKE -Ai''l OFFICE OF THE CITY CLERK 4; Eil ;., 215 Church Avenue,S.W.,Room 456 Roanoke,Virginia 24011-1536 ibbittOS Telephone:(540)853-2541 Fax:(540)853-1145 E-mail: clerkC`roanokeva.gov CECELIA F.MCCOY,CMC CECELIA T.WEBB,CMC City Clerk Deputy City Clerk RUTH VISUETE PEREZ August 24, 2023 Assistant Deputy City Clerk Chris Phillips RRMM Architects 28 Church Avenue, SW Roanoke, VA 24011 Dear Mr. Phillips: Enclosed is a copy of Ordinance No. 42734-082123 to rezone the property located at 3142 Preston Ave NW, Official Tax Map No. 2100501, from IN, Institutional 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 above referenced measure was adopted by the Council of the City of Roanoke at the regular meeting held on Monday, August 21, 2023. Sincerely, ,-e-telt-ti.J-; Yi/Lt- tslt Cecelia F. McCoy, CMC City Clerk Enclosure c: Tina Carr, Secretary to the City Planning Commission Dr. Verletta White, Superintendent Roanoke City Public Schools Chris Perkins, Chief Operations Officer Roanoke City Public Schools Adjoining Property Owners and Interested Parties August 24, 2023 Page 2 pc: JAFFERY CENTER OF ROANOKE INC LARRY WELCH 3031 PRESTON AVE NW 4231 WILLIAMSON RD ROANOKE VA 24012 ROANOKE VA 24012 FARRELL PROPERTIES-L LLC VICKERS BARRY LYNN PO BOX 12608 3029 YARDLEY DR NW ROANOKE VA 24027 ROANOKE VA 24012 WOODSON ROGER BLAIR PAGANS JACK D 2444 WESTMONT ST 3101 YARDLEY DR NW ROANOKE VA 24012 ROANOKE VA 24012 C & P TELEPHONE CO OF VA ELMORE ROBERT C PO BOX 2379 MS 3699 3105 YARDLEY DR NW SPOKANE WA 99210 ROANOKE VA 24012 CITY OF ROANOKE MARQUEZ JOB & PATRICIA 40 DOUGLASS AVE NW 3109 YARDLEY DR NW ROANOKE VA 24012 ROANOKE VA 24012 CITY OF ROANOKE PRESTON PARK RUSCIGNO BONNIE D PO BOX 1451 3113 YARDLEY DR NW ROANOKE VA 24007 ROANOKE VA 24012 SHELTON BRETT T SCHWARTZ WILLIAM L 3312 PRESTON AVE NW 3117 YARDLEY DR NW ROANOKE VA 24012 ROANOKE VA 24012 CUPOLA PROPERTIES LLC LESTER KATHERINE M PO BOX 18001 3123 YARDLEY DR NW ROANOKE VA 24014 ROANOKE VA 24012 BHARATI PUSPA M ITSON JASON P 3302 CRITTENDON AVE NW 8034 CEDAR EDGE RD ROANOKE VA 24012 ROANOKE VA 24018 Adjoining Property Owners and Interested Parties August 24, 2023 Page 3 CRITZER JACQUELINE G CLEMENTS DOREEN M 3301 CRITTENDON AVE NW 3112 YARDLEY DR NW ROANOKE VA 24012 ROANOKE VA 24012 GREEN CAROLYN J WRIGHT NOVAL I 1501 JUNE DR 4927 GLEN HEATHER DR ROANOKE VA 24019 ROANOKE VA 24018 KEARNS SUSIE J & CRAIGHEAD CURTIS L LLOYD MARK A & DENISE C 3203 YARDLEY DR NW 3207 YARDLEY DR NW ROANOKE VA 24012 ROANOKE VA 24012 BROWN WILBUR E JR TOMARAS GUS & PAULINE 3215 YARDLEY DR NW 5398 VISTAMONT DR NE ROANOKE VA 24012 ROANOKE VA 24017 GRUBB ROBERT A LUGO BRENDA G DAMIAN 3219 YARDLEY DR NW 3227 YARDLEY AVE NW ROANOKE VA 24012 ROANOKE VA 24012 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21'day of August 2023. No. 42734-082123. AN ORDINANCE to rezone the property located at 3142 Preston Ave NW, Official Tax Map No. 2100501, from IN, Institutional 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, School Board of the City of Roanoke, has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the property located at 3142 Preston Ave NW, Official Tax Map No. 2100501, from IN, Institutional 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; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on August 21, 2023, 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 STATEMENT OF CONFLICT OF INTEREST I Li44,) -i- -7bAta state that I have a personal interest in agenda item 457 / regarding /4c c because �,,, 12 S ,� p J • Therefore, pursuant to Virginia Code Section 2.2-3112, I must refrain from participation in this matter. I ask that the City Clerk accept this statement and ask that it be made a part of the minutes of this meeting. Witness the following signature made thisaay of f 2023. dj)41/0 �Qr7�-� -j—/ (Seal) `~ CITY COUNCIL AGENDA REPORT Novo To: Honorable Mayor and Members of City Council Meeting: August 21 , 2023 Subject: Application by School Board of the City of Roanoke to rezone a property located at 3142 Preston Ave NW, Official Tax Map No. 2100501 , from IN, Institutional 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. Summary: By a vote of 6-0, with Commissioner j. Smith absent, the Commission recommends approval of the rezoning request, finding that the Amended Application No.1 is consistent with the general principles within the City's Comprehensive Plan, Williamson Road Area Plan, and the Zoning Ordinance as the subject property will be developed and used in a manner appropriate to the surrounding area. Application Information: Request: Rezoning to Planned Unit Development Owner: City of Roanoke Applicant: School Board of the City of Roanoke Agent: RRMM City Staff Person: Katharine Gray, Land Use and Urban Design Planner Address: 3142 Preston Avenue NW Official Tax No: 2100501 Site Area: 13.06 acres Relevant Plans: Williamson Road Area Plan Proposed Land Use: Educational facilities, elementary/middle/secondary Future Land Use: Natural Space/Open Space/Recreation/Agriculture Use Filing Date: Original Application: May 25, 2023 Amended Application No.1 : June 20, 2023 { Public Notification and Outreach Required Public Notice - Notice published twice in the Roanoke Times. State of Virginia Code Letters to Property owners abutting subject property (includes across street/alley). Required Public Notice - Sign posted at site with hearing date and City Code contact for additional information. Application posted on the PBD Board & Commission page, providing instant access to the full application and supporting documentation. CivicSend Notices - Email notification PBD Outreach Beyond subscription to share information with citizens State/City Code and stakeholders according to their Requirements preferences. Land Use Applications touch the inbox of subscribers at least twice. Direct email to neighborhood leaders and civic stakeholders to share information; coincides with CivicSend Notices CivicSend Notices for land use applications typically reach more than 1 ,800 subscribers All applicants are strongly advised to discuss PBD Recommended project with area neighborhood organizations Applicant Outreach and/or civic leagues and adjoining property owners and/or tenants Applicant Outreach No report from the applicant on their outreach efforts. Background: Preston Park Elementary (ca. 1957) has operated continuously as a public school since its construction. Use as a school is conforming under the current IN, Institutional zoning district. The building form is legally nonconforming because it is located 100-180 feet from the adjacent streets. Matt Tomlinson, an engineer for Foresight Design of Christiansburg, contacted Adrian Gilbert, Development Review Administrator, on April 5, 2023 to schedule a pre-submittal conference to review plans for a reconstructed school. Such a conference would be the first step to initiate review of a by-right use. Mr. Gilbert asked Mr. Tomlinson to send a concept plan so we could review beforehand. 2 Mr. Gilbert scheduled the meeting for April 18 and Mr. Tomlinson submitted the concept prior to the meeting date. Mr. Gilbert circulated the concept to among other staff. Upon review, staff realized that the project could not be approved by-right because of the building location at the back of the parcel. RCPS staff and its architectural and engineering consultants had not consulted with City zoning staff to determine basic zoning requirements before proceeding with a plan of development. Mr. Tomlinson and Michael Mauceri of RRMM, the project architect, attended the meeting with City staff. They were advised about the issues with the building placement and the current zoning. Ten days later, Mr. Tomlinson requested a pre-filing meeting for a rezoning. After providing opportunities for meeting times, the applicant was unable to schedule a pre-filing conference and filed the rezoning application with the secretary to the Planning Commission. A pre-filing conference with the engineer, architect, and RCPS staff occurred on June 1 (a week after filing). Staff communicated concerns with the proposed building location in light of adopted planning guidance documents. RCPS indicated they plan to continue through the process with the plan as it was proposed. The Planning Commission reviewed the application at its work session on June 9. Staff explained that safety and urban design principles would suggest a building location with more of a relationship to the street, rather in the back corner of the lot, away from the community. The idea of "natural surveillance" is the primary tenet of the discipline of Crime Prevention Through Environmental Design. Staff noted the application was incomplete and did not include information needed for a planned unit development. The applicant filed an amended application on June 20. This application included building elevations and additional site details. The applicant made no change to the building location. The Planning Commission granted the applicant's request for a continuance at its July 10 meeting. Because the public hearing was advertised, the Commission opened the public hearing and provided opportunity for those in attendance to speak. Planning and Transportation staff met with the applicant on July 10. Planning staff offered alternatives for a building that had a relationship to one of the adjoining streets. Some options would not require a rezoning. Transportation staff assured the applicant team that traffic circulation could be managed for safety and comfort while advancing City priorities for pedestrian and bicycle friendliness. The Commission plays a special role in review of public buildings under its Powers and Duties enumerated under Sec. 36.2-81 7 of the City Code: 3 (5) The Commission shall make recommendations to the City Council concerning the following: (B) The design of new public parks and open spaces; renovations to existing public parks and facilities contained thereon; (C) The design of new public buildings, including both site and architectural plans; exterior renovations to existing public buildings involving additions or other site improvements including parking lots or the erection of new accessory structures; and... Proposed Use/Development: The applicant proposes to demolish and replace an elementary education facility, along with relocate and develop recreational facilities. The new school building is proposed in the extreme northwest corner of the site, away from the adjoining streets. Between the main entrance to the building and the public street to the east is a vehicular entrance drive and a parking lot along with a walk flanked by gated playgrounds. Immediately to the south of that at the corner of Preston Avenue and Winsloe Drive there is a bus entrance drive and a parking lot along with a multipurpose field elevated approximately ten feet above Winsloe Drive NW. In addition, between the main entrance to the building and the public street to the south there is a baseball field. Considerations: Compatibility with Surrounding Land Uses: The use of the property for an elementary school is appropriate. The property has been used for an elementary school for many years. The property is surrounded by residential and multiple-purpose district zoned property. Zoning District Land Use North R-5, Residential Single-Family Single-family detached dwellings South ROS, Recreation and Open Space; Park; Automotive Repair, Office, CN, Commercial Neighborhood Retail Sales East R-7, Residential Single-Family Single-family detached dwellings West CG, Commercial-General Eating establishment, Place of Worship, Motor Vehicle Sales & Service Establishment 4 The future land use plan from City Plan 2040 designates this area for Natural Space/Open Space/Recreation/Agriculture Use. The future land use plan contained in the Williamson Road Area Plan designates the east side of the property for institutional use and the west side for recreational use. 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. Although a new school could be built within the existing IN District, if the proposed design met the regulations of the district, INPUD is also an appropriate district for this parcel if the overall principles of the City Plan 2040 are met with the design proposed in the PUD plan. Availability of Other Property: The proposed development is to be a new elementary school building on the site of the existing elementary school. As such, there are no other properties immediately adjacent, other than those in the rezoning request, which are available, similarly situated, and zoned to allow this type of development. Consistency with Comprehensive Plan: Both City Plan 2040 and the Williamson Road Area Plan encourages context- sensitive development that strengthens neighborhood center areas. The redevelopment of any property within these areas serves as an opportunity to encourage a pedestrian environment and desirable streetscape by the relationship of built forms with the street. The policies noted below from the plans demonstrate how this is to be done in a manner appropriate to this context. Policy/Action Plan Applicability to matter Land Use: Comprehensive The proposed building Design for permanence Plan, City location at the extreme back Policy 2: Promote development Design of the lot is not consistent patterns that contribute to places of with this policy. enduring value: ■ Pedestrian orientation of buildings The proposed parking lot through building placement, location emphasizes car entrance location, and facade parking rather than the transparency. building. The City's design ■ Architecture with human scale guidance would emphasize rather than automotive scale. the building as a community • Building placement that asset. 5 Policy/Action Plan Applicability to matter emphasizes the building and To be consistent with the public/ civic spaces and City's design guidance and deemphasizes support uses like zoning over the past 18 years, parking. the building should be near ■ Design for future adaptability using the front of the lot and simple floor plans, windows, and supportive uses behind or to use of long-lasting materials. the side of the building. CP2040 - Urban Design Standards Comprehensive Urban design guidance Proposed development (infill Plan, City recommends that commercial development, alterations, renovations, Design buildings be located at the and additions) should create or front property line, and enhance a distinctive character that recognizes that institutional relates well to the surrounding buildings may have a little community through setbacks, scale, larger setback. Still, these massing, primary entrances facing buildings need to relate well streets, ample window openings, to the street frontage. durable materials, and architectural detailing. The Institutional District's • Institutional buildings may be on maximum and minimum yard larger parcels and setback further requirements have been in from the streets with civic spaces place for 18 years. Council connecting such building to the adopted them in December street. 2005 to implement the ■ Neighborhood center buildings guidance of the Vision 2001 - should be set close to the street 2020 plan - guidance that and have street facing entrances continued with City Plan and windows that enhance 2040. pedestrian activity. ■ Corridor improvements within Furthermore, the proposed urban neighborhoods should focus PUD plan language would on streetscape enhancements with allow CG type signage and is greater pedestrian, bicycle, and not appropriate, but IN type mass transit amenities. signage would be appropriate. Ensure all streets, especially arterial Comprehensive Roanoke prioritizes safe streets, are designed to be safe and Plan, Healthy bicycle connections and comfortable for pedestrians. Community & pedestrian circulation with Livable Built access to parks, schools, and Roanoke recognizes the need for Environment other destinations that streets that are safe for all users. encourage active living with Policies for this priority focus on an emphasis on pedestrian improved infrastructure and education safety and allowing equitable on all modes of transportation, such mobility within the City as as bicycling and walking. shown by the following projects: ■ Preston Avenue and Oliver Road "Safe Routes to School" grant to improve walkability 6 Policy/Action Plan Applicability to matter surveillance of the property from the street and the street from the building. Community Design Policies: Neighborhood Institutional buildings are ■ Institutional buildings: Institutional Plan', pg. 44. important parts of our buildings such as schools and neighborhood centers. These churches will serve as anchors for buildings should use land commercial centers. resources wisely with a ■ Building scale: Multiple-story compact building form and buildings will be encouraged in site placements that define commercial patterns to make the community streetscape efficient use of limited commercial and encourages pedestrian land and to provide for diverse access. The proposed plan uses. uses a sprawling building ■ Building location: Zoning form with pedestrian regulations will encourage a entrances removed pedestrian environment and approximately 450feet from desirable streetscape by allowing the surrounding streets and is future buildings to be located close not in keeping with these to the street, with the intent to set policies. in motion a long-range trans- formation of commercial forms. Strategic Initiatives - Breckinridge Neighborhood The proposed school remains ■ Breckinridge has potential for a Plane, pg. 47. an important part of a strong center. A large park, two Breckenridge neighborhood schools, and the library give this center, but the current area an educational and proposal does not reflect recreational focus. A key land pedestrian-focused design resource is the former Woodson principles known to Pontiac property. The City of encourage active Roanoke is installing a landscaped neighborhood center use. center median in this area to improve the streetscape. Comments on Application: Planning Commission Work Session: The building placement, scale & massing, entrance location, facade transparency, prioritization of vehicular circulation over pedestrian and bike access, parking placement, accessory structures, signage, student population, and traffic operation issues were discussed at the Planning Commission work session. ' Williamson Road Area Plan, City of Roanoke, 2004 8 - ' /..t f F I r - Department of Planning,Building and Development Room 170,Noel C.Taylor Municipal Building 215 Church Avenue,S.W. Roanoke,Virginia 24011 ( icic digs to Print Phone: (540)853-1730 Filing Date:June 20,2023 Submittal Number: Amended Application No.1 Ell ❑ 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: 3142 Preston Ave NW Official Tax No(s).: 2100501 Existing ❑ Without Conditions Ordinance Zoning: IN,Institutional ❑With Conditions No(s).(If ❑ Planned Unit Development applicable): Requested ❑ Without Conditions Proposed Educational facilities, Zoning: INPUD,Institutional Planned Unit Develop• ❑With Conditions Land Use: Elementary/middle/secondar Y ❑x Planned Unit Development Name: City of Roanoke Phone Number: 5408532333 Addre • ur h Avenue,SW Roanoke,VA 24011 E-mail: bob.cowell@roanokeva.gov awwS Name: School Board of the City/Roanoke,Roanoke Phone Number: 540853238 Address: f 0 • - ;: % - VA 24012 E-mail: ccperkins@rcps.info fr Name: RRMM Phone Number: 5403441212 Address: 128 Church Avenue,SW,Roanoke,VA 24011 E-mail: cphillips@rrmm.com Authorized Agents Signature: • J ✓ Completed application form and checklist. (x Written narrative explaining the reason for the request. r Metes and bounds description,if applicable. IT( Filing fee. • Concept plan meeting the Application Requirements of item'2(c)'in Zoning Amendment Procedures. ✓ 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 r 'development plan'if proffered. IV Development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. i}¢ 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, I.— if applicable. ✓ Written proffers to be amended. See the City's Guide to Proffered Conditions. r Copy of previously adopted Ordinance. ✓ Amended development plan meeting the requirements of Section 36,2-326 of the City's Zoning Ordinance. ✓ Copy of previously adopted Ordinance. ✓Amended comprehensive signage plan meeting the requirements of Section 36.2-336(d)of the City's Zoning Ordinance. ✓ Copy of previously adopted Ordinance. r A Traffic Impact Study in compliance with Appendix B-2(e)of the City's Zoning Ordinance. r Cover sheet. ✓ Traffic impact analysis. ✓ Concept plan. ✓ Proffered conditions,if applicable. ✓ 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. Preston Park Elementary School Zoning Amendment Narrative — June 16, 2023 Existing Site Conditions The project site is the existing Preston Park Elementary School site located at 3142 Preston Avenue NW in the City of Roanoke,Virginia.The site is currently existing non-conforming from a zoning standpoint as it is zoned Institutional(IN) but violates several elements of the City's Zoning Ordinance for IN zoning, including maximum allowable parcel size and maximum building setback.The maximum allowable parcel size for the IN zoning district is 217,800 square feet(5 acres). However,the current parcel size is just over 13 acres violating that maximum parcel size.The maximum allowable setback for the IN zoning district is forty feet(40'). However,the existing school building is located approximately ninety-three (93')from Preston Avenue and approximately one hundred seventy-three feet(173')from Winsloe Drive, both distances violating that maximum building setback. Proposed Use and Development The proposed use for the site will match the existing use as a public elementary school for Roanoke City Public Schools. In order to bring the development into conformance with the City's Zoning Ordinance,we are seeking to rezone the parcel from Institutional(IN)to Institutional Planned Unit Development (INPUD).The proposed development will see the construction of an entirely new elementary school on the site while the existing school is still occupied and in use.The proposed location of the new school building will provide a multitude of benefits for the project both during construction and upon final completion. • First,the proposed building location takes advantage of the site's existing topography where the grades drop-off several feet from East to West by aligning the building's internal 2-story floor level changes with these grade differences. In this way,we can minimize unnecessary earthwork and grading operations. • Next,the proposed building location allows for the continued use of the existing school building, gym, parking areas and parent/bus loop areas during construction.This arrangement will allow for a clear delineation between the construction area and the existing school areas to allow for better safety and circulation for both students, staff and contractors. • The proposed school location also takes full advantage of solar orientation for the classroom wings, allowing for natural daylighting of the classrooms which will both save on electricity costs and provide a better learning environment for both teachers and students. • The building location also allows for the placement of multiple civic amenities in the front of the site to create a welcoming environment for the local community to utilize these assets.These amenities include multiple play fields, multiple playgrounds, an enlarged sidewalk promenade connecting the building to the street as well as sitting areas. • Finally, and perhaps most importantly,the proposed school building location is in-keeping with the design tenants of Crime Prevention through Environmental Design (CPTED).The premise of CPTED is to utilize design features and principles to deter criminal activity and promote a sense of security on the school site, which is of particular importance now more than ever, especially in K-12 schools. o State law requires design professionals in educational design projects to have received training in CPTED,and encourages the use of its principles for all school projects.As a designer trained in CPTED, it would be contrary to abide by the current zoning and still meet critical CPTED principles if a school were to be 20 ft to 40 ft from the right-of-way. o Principles such as access management and natural surveillance include site design features such as vehicular routes, parking,exterior pedestrian routes that define the perimeter of the school campus/perimeter and allow the building design to naturally survey these site features from a controlled main entrance.These site elements thus become security assets to the property. Justification for Rezoning As previously mentioned,the current site does not conform with the existing zoning ordinance for Institutional (IN) zoning districts,specifically with respect to maximum lot size and maximum building setback.Therefore, in order to bring the site into conformance with the City's Zoning Ordinance,we will be rezoning the parcel from Institutional(IN)to Institutional Planned Unit Development(INPUD). Without subdividing the property,there is no way to reduce the parcel size to below five acres in order to comply with the current zoning ordinance.And as mentioned above,the proposed placement of the school building is paramount to the success of the project for multiple reasons, not just during construction but also operationally for the proposed elementary school site. Utilizing the design tenants of Crime Prevention through Environmental Design (CPTED),we are encouraged to prioritize design features such as vehicular routes, parking areas and exterior pedestrian routes in order to define the perimeter of the school campus and allow the building to naturally survey these site features from a controlled main entrance.These site elements become security assets which reduce the opportunities for criminal activity by creating clear lines of sight, improving lighting and enhancing natural surveillance. However, we have also been sensitive to the priorities of the City of Roanoke and their land planning principles by utilizing the space between the front of the building and the roadway to incorporate multiple public/civic amenities which will serve as assets for the local neighborhood and further create a sense of community for the area. The project team respectfully believes that the proposed conceptual design submitted herein adheres to the purposes of the INPUD District, including the following: • The proposed design seeks to utilize the flexibility allowed by the INPUD District to locate the school building in the optimum location on site for multiple reasons, including the following: o Aligning the building with the existing topography to minimize grading impacts and earthwork. o Aligning the building, especially the proposed classroom wings, for optimum solar orientation to allow for natural daylighting of the rooms to both improve the student/teacher experience and reduce energy consumption. o Allowing for safe separation of proposed construction areas and occupied spaces during construction of the new school building while the existing school building is still in operation. o Providing for additional space for the queueing of cars and buses off of public roadways to minimize traffic impacts. o Providing optimum observation along the frontage of the site in adherence with CPTED principles. Effect of Rezoning on Surrounding Neighborhood There should be no adverse or negative effects to the surrounding neighborhoods due to the proposed rezoning.The proposed use of a public elementary school is the same as the existing use.The proposed site layout and design seeks to avoid any traffic impacts to the surrounding streets by providing an improved traffic circulation design on the site that both separates bus traffic and parent car traffic and seeks to minimize the queuing of cars and buses on the adjacent local streets. In addition, as previously mentioned the proposed site design provides multiple civic amenities that will serve the surrounding neighborhoods including multiple playgrounds and ballfields that will be accessible from the public streets for the use of the local community. Certain design elements of the concept plan were implemented specifically to minimize negative impacts on both the institutional use of the site,a public elementary school, and to the neighboring uses including the single-family residential neighborhoods to the North and East, the public park (Preston Park) to the South and the commercial properties to the West. • The proposed design includes separate bus loop and parent/car loop to minimize the complexity of drop-off and pick-up of students for both the benefit of the school staff and parents and the safety of the students. • The proposed design includes an elongated parent/car loop to minimize the amount of traffic backup onto Winsloe Drive during drop-off a pickup. • The proposed design has located the recreational ballfields,including two softball fields and a multi- purposed field, along the Southern boundary of the site.These fields will create a civic space along Preston Avenue that works harmoniously with Preston Park directly across the street to the South. In addition, by moving the two softball fields away from the Western edge of the property, it will discourage people from utilizing Barkley Avenue or Frontier Road as access points to these fields. Currently the sidewalk for the existing fields on site parallel the Western property line with steps down to Barkley Avenue. However,this would require access through private commercial property. In this way, we are seeking to minimize potential negative impacts of the site design to the commercial properties to the West. Availability of Similarly Zoned Property in the Area There are multiple examples of similarly zoned properties both within the local area and within the City, particularly with respect to public school sites.Just one block away to the South of this site is the Breckinridge Middle School site which is also zoned INPUD. Round Hill Elementary School located approximately 1.1 miles to the Southwest is zoned INPUD and has the same constraints as the Preston Park Elementary School site in that it exceeds the allowable maximum parcel size and maximum building setback for the Institutional (IN) zoning district. William Fleming High School, located approximately 1.9 miles to the West of this site, is also zoned INPUD and also exceeds the allowable maximum parcel size and maximum building setback for the Institutional (IN) zoning district. Patrick Henry High School, Fallon Park Elementary School, and Hurt Park Elementary School are also examples of public school sites that are zoned INPUD and both exceed the allowable maximum parcel size and the maximum building setback for the Institutional (IN) zoning district and these are just a few of the examples within the City. Relationship of the Rezoning to City's Comprehensive Plan As the site is already zoned and used as a public elementary school,we are not seeking to change the proposed use of the existing site which is already in-keeping with the City's Comprehensive Plan. In addition,we have tried to utilize the City's design principles for Urban Neighborhoods both from the City's Comprehensive Plan and the City's Urban Design Manual. More specifically,on page 143 of the City Plan 2040 under the section for Urban Neighborhood design it states the following: "Institutional uses may be present within the centers or may be interspersed through an urban neighborhood. When interspersed, these is often a deeper setback or larger lot."As these school sites are interspersed through the local neighborhoods we are in-keeping with the design principles of the City's Comprehensive Plan. city Design Character Districts Flit i ,.111c3r#.t,oJ St,fled i(,I13:11ercia! and an:wil-it centers are,dtt n itlunrl at:`ater,eci:ons near busk, streits and ale s.tuattArl `,tl .licv LaO he,a t_u,sed by 1111.1m tit til neig'l bob lutod 1w minute walk Huil1imt ss ttt`.en tern) a dense! pattern with-rem setbacks and il::tiller lot a trues .e. Flic scale of buiLtings complements tar:ciensity ~arid o;rain that surrounds thcnl. Institutional uses may be present within the centers or may be interspersed throughout an urban neighborhood.When interspersed,there is o1°tei1 a deeper setback or larger lot. Industrial comers are typically located or areas near the Roanoke R ve-or raAroad lines. They are then in close proxini tv to resi:.lenitial _u eas. In addition, on page 18 City's Urban Design Manual under the section for Public and Institutional design it states the following: "Buildings may have deeper front yard setbacks than surrounding development but should still be used to define the street and work well to terminate vistas. If civic space is provided for the public between the principal building and the street, the maximum front yard setback does not apply. As we have provided a large civic space with multiple civic amenities between the school building and the street,we feel we are once again in-keeping with the design principles of the City's Urban Design Manual. Public and Institutional Key Elements ths. tots., t'ts snoald ased me 1 ei ;11'01:1 • IS Se hUildingN to deiiini the street, en.i( eerier,. IilpAlk, I'd 0'1'0 1,1.1i-di,. I-is-Arnold and Lupin'', • Break up the'facade of Imp:build. ings into smaller moduk,. iypes lialcion ork:nticeri I nure tid r10,11i IL • Orillt at let ":ffik I;' tiiward,the 62‘.C1t' :\ L12r!:1,'dc ici hOLe 1 ,1111t1.11!2. • Provide innp1 Wi11dOiL openings. t'2 • parking. Placement • Use durable mdterials. Buildings may hat.e leeper TO wit 1 0II1 scltlIck Thar NIAIToAtitlInV II Qliipment hut should still be used to Jelin the street and work to terminal,. Special note On etvic space in the Institutional District. lict IC space is pro.,ided III the public i‘etii.evii I i II it iiimildnin arid ii LLI ili III Lii 111111 Tilt6Irit yard setback dites not ippiL >o , RETAINING _.-- WM WALL(RED LINE) " FRO HD Y W q P N O a0 0 TWO-STORY _. .- chi © o 0 0 0 o o a o PI{ONTiERRD. 2 CLASSROOM WINGS , - � " ,y - .1 1' k., Q PARENT VEHICLE - ENTRY QUEUE SECURE OUTDOOR ;' _ -- LEARNING 1� § --`� i 4 T •- - - FACULTY AND COURTYARD t ''�IF M a 4, I YISITORPARKING 14 rill x - �, ! `� -. • ' Y - - EXISTING TREE FIRE LANEii, r � �� _ - PRESERVED NEW BASEBALL - f � FIELD : } ` i : �c AL se; K x -•*� CHICLE EXIT CIVIC ENTRANCE/ GENERAL NOTES: c I iN a PROMENADE ..ouRes E p �� ��Ma � ♦E RA LD EE m EXiS r` a/ ': BUS ENTR\ , V air ''' I', ��.. 3 � �.1 'l.OSEIRM I, EXSPING SCHOOL .r it i ..., I.. ��� (RD LINE) R 'R. 1 A , I _ NEW MULTI-PURPOSE ,� / j _ + - "!� FIELD/SOCCER/ i F� _� 11 - BASEBALL FIELD . �� E �I. r NEW MONUMENT SIGN � \ 098 11. E FOR PRESTON PARK ,F.�x >,xE.-«EF{,,,�^n � : �� :'� - ELEMENTARY SCHOOL • PRESTO SAYENUE(-3l'WIDE),+ '. pqP BUS EXI"€. .. .. FR •ION AVENUE JUNE 15,21123 1/41 SCALE=11=711 o so _ ■ loo NEW PRESTON PARK ELEMENTARY SCHOOL ' CONCEPTUAL SITE PLAN RR\1\( Y f �s .�' - ‘ 40:::„.„..,,,,,,,,,i7„,:,,,;„....,,,..,,,,_.... -_,-.:.,,,,,„,,„7,,,,,..•,,,,,,,„,- ,„„ „,,,,,,,...,:,.„„.„.„:„:„.„,„ .., r---,,e,,A„...i,„„„i,,,„ 1/1 fil „...-,:. __ tioar,„1„ ... . 4„,---„,,...-i A lilt a , __ . 44 4tr ::.:----7 5,z ''',!' - - '- ';':' htt4r- 4-1 , ?ftrii.., , i • •Wall.49 I `I - DEPARTMENT . I i ❑GENERAL Ly 3 6UADMINISTRATION „" to." El ILDING SERVICES/ lb EXPLORATORY'.CAREER/ TECHNICAL EDUCATION �clRcuwrloN PHYSICAL III MIUS EDUCATION I i ATHLETICS r4,-UDITORIVM I • u u s I eCAFETERIA/KITCHEN yy y,,1 MEDIA CENTER !I4 �:�• w •� _ EY __ ■9ERtE5 - WI' 4�� ` TEACHER SUPPORT •, I . 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'''4':2.f-'3:7-..'-:',-=',,-,--,, - --f-'''"-'IV.?!..71:74-1,..' '1-.;:'_ --:,;--.7:2-..:i",:.--—....,,,; ,„ • ., - 14 t X III . 144 � � Ili - . t ��i �` a II F � � ��- � - s�"�-`�`� �*-s,: .� «ram a .t_..p. ' - .t .as° ,r4� ma ," „_ =` s�- � � �'`�� wa �� a F "k s arm . 3 .� "' �{ . r ; t s ± „ t ry. . a .-_is_ `. 4 Preston Park Elementary School Trip Generation Tabulation Located in: Roanoke, Virginia Project Number: 3525 Date: 6/16/23 a TREVOR M. KIMZEY Lic. No. 036354 0 `SIGNAL �,Cr ODESIGN SERVICES ENGINEERING • LAND PLANNING • SURVEYING 1260 Raaford Street•Christiansburg.Virginia 24073 540.381.6011 office•540.381.2773 fax viww.foresightdesignsery ices.com • GAY ING AND• oNEEPLANNING O SaIVNC. Determine Trip Generation and Left/Right for Proposed Development/Site: FDS IN: 3525 Land Use: Elementary School(520) Data Collection from ITE Trip Gen Manual and Determination of Left&Right Turns into Site: Independent Variable Entered into Table= 700 Students Trip Gen Rate= Data obtained directly from ITE Trip Gen.Manual Peak Hour Rate= Number of Ind.Variable Units X Trip Gen Rate Entering Trips Ratio(%)= Data obtained directly from ITE Trip Gen.Manual Vehicles Entering during Peak Hour= Rate of Vehicles Trips during Peak Hour X Entering Trip Ratio Right Turns During Peak Hour*= Vehicles Entering during Peak Hour X Directional Factor(DF)of Adjacent Street Left Turns During Peak Hour*= Vehicles Entering during Peak Hour X (1-Directional Factor(0F)of Adjacent Street) *Turn Lane Note: *Directional factors for AM and PM turn lanes ore reversed to reflect the reverse-flow of the directional factor on adjacent street. Weekday-Peak Hour of Adjacent Street (7-9 am&4-6 pm) Ind. Units of Ind. Peak Hour Rate Entering Trips Vehicles Entering during Right Turns During Left Turns During Trip Gen Rate Variable Variable Ratio(%) Peak Hour Peak Hour Peak Hour Students AM Peak Hour Calcs: 0.74 VPH/Unit 700 Students 518 VPH 54% 280 VPH 146 134 PM Peak Hour Calcs: 0.16 VHP/Unit 700 Students 112 VPH 46% 52 VPH 25 27 Weekday-During Peak Hour Generation(AM&PM) Ind. Units of Ind. Entering Trips Vehicles Entering during Right Turns During Left Turns During Trip Gen Rate Peak Hour Rate Variable Variable Ratio(%) Peak.Hour peak Hour Peak Hour Students AM Peak Hour Calcs: 0.75 VPH/Unit 700 Students 525 VPH 54% 284 VPH 148 136 PM Peak Hour Calcs: 0.45 VHP/Unit 700 Students 315 VPH 46% 145 VPH 69 76 Weekday Ind. Units of Ind. Entering Trips Variable Trip Gen Rate Variable Daily Rate Ratio(%) Vehicles Entering Per Day Right Turns Per Day Left Turns Per Day Students Trips Per Day Calcs: 2.27 VPD 700 Students 1589 VPD 50% 795 VPH 414 381 6/15/23,4:48 PM https://itetripgen.org/query/PrintGraph2?code=520&ivlabel=TOTSTUD&timeperiod=TASIDE&x=700&edition=685&IocationCode=... Elementary School (520) Vehicle Trip Ends vs: Students 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: 44 Avg. Num. of Students: 575 Directional Distribution: 54% entering, 46% exiting Vehicle Trip Generation per Student Average Rate Range of Rates Standard Deviation 0.74 0.38- 1.47 0.25 Data Plot and Equation 1,00o X 800 X X X a X X X X w 600 e- X 518 X F X X X X X X XX X X XX : X 400 X X X X X XX X X X X ' X X X 20o X X x X '700 00 200 400 600 800 1,000 1,200 X=Number of Students X Study Site Average Rate Fitted Curve Equation:Not Given R.=...' Trip Gen Manual, 11th Edition • Institute of Transportation Engineers https://itetripgen.org/printGraph 1/1 6/15/23,4:51 PM https://itetripgen.org/query/PrintGraph2?code=520&ivlabel=TOTSTUD&timeperiod=TPSIDE&x=700&edition=685&IocationCode=... Elementary School (520) Vehicle Trip Ends vs: Students 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: 47 Avg. Num. of Students: 576 Directional Distribution: 46% entering, 54% exiting Vehicle Trip Generation per Student Average Rate Range of Rates Standard Deviation 0.16 0.05-0.44 0.10 Data Plot and Equation 300 a W Oa 200 XXX X X ~ X X X X X X X X X 112 X 100 X XX : XX X XX , X X X X XXX ! X X X XXX XX X X X X X X X 700 00 200 400 600 800 1,000 X=Number of Students X Study Site Average Rate Fitted Curve Equation: Not Given R2=<... Trip Gen Manual, 11th Edition • Institute of Transportation Engineers https://itetripgen.org/printGraph 1/1 6/15/23,4:53 PM hops://itetripgen.org/query/PrintGraph2?code=520&ivlabel=TOTSTUD&timeperiod=TAGEN&x=700&edition=685&IocationCode=... Elementary School (520) Vehicle Trip Ends vs: Students On a: Weekday, AM Peak Hour of Generator Setting/Location: General Urban/Suburban Number of Studies: 46 Avg. Num. of Students: 616 Directional Distribution: 54% entering, 46% exiting Vehicle Trip Generation per Student Average Rate Range of Rates Standard Deviation 0.75 0.38- 1.58 0.27 Data Plot and Equation 1,000 x X X 800 X X X X co X X X w 600 X a. 525 X X X u X x 'X X , XX X X X X X X 400 ' X X X * X X X X X X X XX 200 X X X X W0000 200 400 600 800 1,000 1,200 X=Number of Students X Study Site Average Rate Fitted Curve Equation:Not Given R2="'** Trip Gen Manual, 11th Edition • Institute of Transportation Engineers https://itetripgen.org/printGraph 1/1 6/15/23,4:54 PM https://itetripgen.org/query/PrintGraph2?code=520&ivlabel=TOTSTUD&timeperiod=TPGEN&x=700&edition=685&IocationCode=... Elementary School (520) Vehicle Trip Ends vs: Students On a: Weekday, PM Peak Hour of Generator Setting/Location: General Urban/Suburban Number of Studies: 54 Avg. Num. of Students: 608 Directional Distribution: 46% entering, 54% exiting Vehicle Trip Generation per Student Average Rate Range of Rates Standard Deviation 0.45 0.21 - 1.30 0.19 Data Plot and Equation 1,000 X 800 Vl a w 600 X X YC 400 X X X X 315 X XX XX XX XA xA(X X XX ( ; XX 200 X X X X XX XX X X x :700 00 200 400 600 800 1,000 1,200 X=Number of Students X Study Site Average Rate Fitted Curve Equation:Not Given R2=**** Trip Gen Manual, 11th Edition • Institute of Transportation Engineers https://itetripgen.org/printGraph 1/1 6/15/23,4:51 PM https://itetripgen.org/query/PrintGraph2?code=520&ivlabel=TOTSTUD&timeperiod=AWDVTE&x=700&edition=685&IocationCode... Elementary School (520) Vehicle Trip Ends vs: Students On a: Weekday Setting/Location: General Urban/Suburban Number of Studies: 16 Avg. Num. of Students: 651 Directional Distribution: 50% entering, 50% exiting Vehicle Trip Generation per Student Average Rate Range of Rates Standard Deviation 2.27 1.51 -5.89 0.93 Data Plot and Equation 2,500 X X X 2,000 x x 1589 X a 1,500 X i X H u � X : x 1,000 X X X X X 500 :700 00 200 400 600 800 1,000 X=Number of Students X Study Site Average Rate Fitted Curve Equation: Not Given R2=IF.*it Trip Gen Manual, 11th Edition • Institute of Transportation Engineers https://itetripgen.org/printGraph 1/1 r ZONING DISTRICT MAP k �� MXPUDMixed Use R z:,Res Single-Family 3 y `'�j'�o''oy o Planned�UniY D_ev ^�O� ',> R 12,0 c,b, 9� G�vP� oc�'.�'-`'O Ord#41426-041519�,�t0 �,�,o VS,s,� 22�800�05 3142 Preston Ave NW ��R P� N p�� a`'��'o���to p� 0°0 2��,0- � �c Official Tax Parcel:2100501 ��p�r'. ',o ''B''- ���o, F s� 22�$0� �o F �P r'� ' o �'o �� o o��'�p o 'DR() ®Area to be Rezoned RM 2 Res c��'� p�'O��S ��� ova�� NP�� �i Mixed y�c,>p `�p'621 p'7 °u'D�pep `,S 6' R-5:Res Densit Zoning - o u� rna �_, oo �o o� o c� Single Family ,:. AD:Airport Dev 0 (`PeDD x'N, "t p` p° a a�j -CG:Commercial-General ub ' c j�ajo 5 �� p ���'°p D QS ill CLS:Commercial-Large Site NO �� per'Uj ,� �0 . ��a CN:Commercial-Neighborhood p�'� o�,��aP��>�0'0 p�q�p,� ss'"� Old P�� 1 D:Downtown PQ��`���,� p�pp�p� pR ss s . ���fi; o 1 GR -I-1:Light Industrial Jim O �p p S�V ,ups o RM-2: .tP ,r 1 -1-2:Heavy Industrial Res Mixed Density ssss a IN: 1 IN:Institutional CG c:Commercial-General^''� � )i Institutional V Q INPUD:Institutional Planned Unit Dev Conditional V R-7:ReS 1111 IPUD:Industrial Planned Unit Dev Ord#26590 �� 1' 1 ++ 14q�Ei` 'oo 0�50 �� Single-Family RM 1 Res RO �po �. Ai,. MX:Mixed Use _ `�,y (r. OY rp� F Mixed Q MXPUD:Mixed Use Planned Unit Dev Density ff 00�0 fi,v.p �„s R-12:Res Single-Family �� �030 !� ?moo p0 p '° , sss �� 22„ MX ��Q A..y � ' F. R-3:Res Single Family 030�, Mixed o P��� J S4�P R-5:Res Single-Family 2�g Use ,y -Q.'`, ,,,,. R ��� � G��� R-7.Res Single-Family CG:�/^ j O� ,, RMF Res Commercial-General = g'1am- � RA:Res-Agricultural !,p Multifamily ,� QR� '"�-�� RM-t.Res Mixed Density 9L 21003 �� OrO01 �� RM-2:Res Mixed Density , � Oo �. 2>\O 44, R-7:Res ,.- : _ RMF:Res Multifamily "+mow , • Single-Family �� 0z •. �: ROS:Recreation and Open Space 6; ' RMF(c) Res Multifamily �' - `^A all UF:Urban Flex "�'� " " `" Conditional - „, Conditional Zoning Ord#32295 J* IN �" p`t� �J� G,� t� Instttutional` - *�� O� D� Fti ` �1Q. .`� Commercial-Ne ghborhood ,.�R�� �� ! :71'7:441 �O 0 0w-"�—eti g 16,;may': y 200 100 200 Feet RM 1: Res a Z� �0� INPUD:InstitutionalsMixed Density RM Res Mixed Density 2090701 piann d Unit Dev Account Number The Roanoke Times 6012830 Roanoke,Virginia Affidavit of Publication Date July 03,2023 CITY OF ROANOKE-DEPT OF FINANCE Attn Lesha VanBuren,Budget Analyst 215 CHURCH AVE SW ROOM 357 ROANOKE,VA 24011 Date Ad Size Total Cost Category Description 2 Co 25 07/04/2023 Legal Notices PUBLIC HEARING NOTICE 2x7.251N 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 was published in said newspapers on the following dates: 06/26,07/03/2023 The First insertion being given... 06/26/2023 Newspaper reference: 0001429619 A Billing Representative Sworn to and subscribed before me this 3rd Day of July 2023 a,nrrngg Nota ? NOTARY �, ' • PUBLIC : State of Virginia o : REG.#329549 : Q C ; MY COMMISSION : County of Hanover EXPIRES My Commission expires '. July 31,2025 C E�'�r!did.`i ai816.�aave: THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU PUBLIC HEARING NOTICE Any public hearings advertised herein will be held in the City Council Chamber, Fourth Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue SW,Roanoke,Virginia.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 htt s://roanokeva.Qov/2019/Commissions or may be obtained digitally by emailing ptannin (ruroanokeva eov. 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,July 7,2023. Cecelia F.McCoy,CMC,City Clerk The City of Roanoke Planning Commission will hold a public hearing on July 10.2023,at 1:30 p.m.,or as soon thereafter as the matter may be heard, to consider the following matter.All persons wishing to address the Planning Commission must sign-up with the Secretary to the Planning Commission by emailing lanning roanukeva_ov or by calling (540) 853-1330 by noon, July 5,2023.Written comments of interested persons will be received by the Secretary to the Planning Commission at nlanni0o roanokeva._ov by noon, July 5,2023. Application by School Board of the City of Roanoke to rezone a portion of property located at 3142 Preston Ave NW,Official Tax Map No.2100501,from IN.Institutional 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 land use categories permitted in iNPUD include residential; accommodations and group living; commercial:industrial;assembly and entertainment;public,institutional and community;transportation:utility;agricultural;and accessory,with a maximum density as specified on the development plan for the district.The comprehensive plan designates the property for natural space/open space/recreation/agriculture use.The proposed use is educational facilities,elementary/middle/secondary and other uses as noted on the PUD plan. Tina M.Carr,Secretary,City Planning Commission City Council will hold a public hearing on the aforesaid matter on Monday, Jul I'.207 al":00 p m.ar d Pluon Ilhcrejli❑,i the m.ilicr nr,le ha hcaud,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 www.roanokeva.Cov/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 noon on July 17,2023.In the event the public hearing is conducted by electronic communication means due to the COVID-I9 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 provides interpretation at no cost for all public meetings, upon request.If you would like to request an interpreter,please let us know at least 24 hours in advance by calling(540)853-1283. La Ciudad de Roanoke proporciona interpretacion sin costo por todas cites ptiblicas,previa solicitud.Si usted desea solicitar un interprete,haganoslo saber con al menos 24 bores de antelacion pot llamar(540)853-1283. Jiji la Roanoke linatoa huduma ya ukalimani bile malipo katika mikutano yote ya umma,inapoombwa.iwapo ungependa kuomba mkalimani,tafadhali tujulishe angalau saa 24 kabla lcwa kupiga simu(540)853-1283. .sS?l:4.; ,»xr 853-1283 ar+e 24 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. 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 https://roanokeva.gov/2019/Commissions or may be obtained digitally by emailing planning(ro anokeva.g_ov. 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, July 7, 2023. Cecelia F. McCoy, CMC, City Clerk The City of Roanoke Planning Commission will hold a public hearing on July 10, 2023, at 1:30 p.m., or as soon thereafter as the matter may be heard, to consider the following matter. All persons wishing to address the Planning Commission must sign-up with the Secretary to the Planning Commission by emailing planning(roanokeva.gov or by calling (540)853-1330 by noon, July 5, 2023. Written comments of interested persons will be received by the Secretary to the Planning Commission at planning@roanokeva.gov by noon, July 5, 2023. Application by School Board of the City of Roanoke to rezone a portion of property located at 3142 Preston Ave NW, Official Tax Map No. 2100501, from IN, Institutional 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 land use categories permitted in INPUD include residential; accommodations and group living; commercial; industrial; assembly and entertainment; public, institutional and community; transportation; utility; agricultural; and accessory, with a maximum density as specified on the development plan for the district. The comprehensive plan designates the property for natural space/open space/recreation/agriculture use. The proposed use is educational facilities, elementary/middle/secondary and other uses as noted on the PUD plan. Tina M. Can, Secretary, City Planning Commission City Council will hold a public hearing on the aforesaid matter on Monday, July 17, 2023, 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 www.roanokeva.gov/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 noon on July 17, 2023. 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 provides interpretation at no cost for all public meetings, upon request. If you would like to request an interpreter, please let us know at least 24 hours in advance by calling(540) 853-1283. La Ciudad de Roanoke proporciona interpretacion sin costo por todas citas publicas,previa solicitud. Si usted desea solicitar un interprete, haganoslo saber con al menos 24 horas de antelacion por Ilamar(540) 853-1283. Jiji la Roanoke linatoa huduma ya ukalimani bila malipo katika mikutano yote ya umma, inapoombwa. Iwapo ungependa kuomba mkalimani, tafadhali tujulishe angalau saa 24 kabla kwa kupiga simu (540) 853-1283. _1,.,I y .)2 42 J - )SI j=4-SAL.'Jiy'4y5A =.1 J9� �r°yac L 1�a a u5l_}, 1 1 p )� )9 a ��` 99� h1-` (540) 853-1283 .;si 1i _31 24,a1 1;1--1 Please publish in newspaper on Monday, June 26, 2023, and Monday, July 3, 2023. Please bill and send affidavit of publication by USPS and via email to: Tina M. Carr Secretary to the Planning Commission Planning, Building, & Development City of Roanoke Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 170 Roanoke, VA 24011 540/853-1730 tina.carrCroanokeva.gov 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 susie.mccoy(roanokeva.gov CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 veu , .,Ro RoanokeChurch,AVirginianeS.24011-1536W om456 Telephone: (540)853-2541 Fax: (540)853-1145 CECELIA F.MCCOY,CMC E-mail: clerk@roanokeva.gov CECELIA T.WEBB,CMC City Clerk Deputy City Clerk August 2, 2023 RUTH VISUETE PEREZ Assistant Deputy City Clerk Dear Ladies and Gentlemen: A public hearing has been advertised to be heard by the City Planning Commission on Monday, August 14, 2023 at 1:30 p.m. in regard to a request by the School Board of the City of Roanoke to rezone a portion of property located at 3142 Preston Ave NW, Official Tax Map No. 2100501, from IN, Institutional 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 (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, August 21, 2023 at 7:00 p.m., pending formal action by the City Planning Commission, which may be viewed on the City's webpage, www.roanokeva.qov, under "Roanoke Planning Commission News", following its meeting on Monday, August 21, 2023. II This letter is provided for your information as an interested party and/or adjoining property owner. If you have questions regarding the Planning Commission public hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540) 853-1730. Questions regarding the City Council public hearing may be directed to the City Clerk's Office at (540) 853-2541. Sincerely, C-e,f-e-&--.A-i Ltk"r Cecelia F. McCoy, CMC City Clerk Enclosure c: Tina Carr, Secretary to the City Planning Commission Adjoining Property Owners and Interested Parties August 2, 2023 Page 2 pc: JAFFERY CENTER OF ROANOKE INC LARRY WELCH 3031 PRESTON AVE NW 4231 WILLIAMSON RD ROANOKE VA 24012 ROANOKE VA 24012 FARRELL PROPERTIES-L LLC VICKERS BARRY LYNN PO BOX 12608 3029 YARDLEY DR NW ROANOKE VA 24027 ROANOKE VA 24012 WOODSON ROGER BLAIR PAGANS JACK D 2444 WESTMONT ST 3101 YARDLEY DR NW ROANOKE VA 24012 ROANOKE VA 24012 C & P TELEPHONE CO OF VA ELMORE ROBERT C PO BOX 2379 MS 3699 3105 YARDLEY DR NW SPOKANE WA 99210 ROANOKE VA 24012 CITY OF ROANOKE MARQUEZ JOB & PATRICIA 40 DOUGLASS AVE NW 3109 YARDLEY DR NW ROANOKE VA 24012 ROANOKE VA 24012 CITY OF ROANOKE PRESTON PARK RUSCIGNO BONNIE D PO BOX 1451 3113 YARDLEY DR NW ROANOKE VA 24007 ROANOKE VA 24012 SHELTON BRETT T SCHWARTZ WILLIAM L 3312 PRESTON AVE NW 3117 YARDLEY DR NW ROANOKE VA 24012 ROANOKE VA 24012 CUPOLA PROPERTIES LLC LESTER KATHERINE M PO BOX 18001 3123 YARDLEY DR NW ROANOKE VA 24014 ROANOKE VA 24012 BHARATI PUSPA M ITSON JASON P 3302 CRITTENDON AVE NW 8034 CEDAR EDGE RD ROANOKE VA 24012 ROANOKE VA 24018 CRITZER JACQUELINE G CLEMENTS DOREEN M 3301 CRITTENDON AVE NW 3112 YARDLEY DR NW ROANOKE VA 24012 ROANOKE VA 24012 GREEN CAROLYN J WRIGHT NOVAL I 1501 JUNE DR 4927 GLEN HEATHER DR ROANOKE VA 24019 ROANOKE VA 24018 • Adjoining Property Owners and Interested Parties August 2, 2023 Page 3 pc: KEARNS SUSIE J &CRAIGHEAD CURTIS L 3203 YARDLEY DR NW ROANOKE VA 24012 LLOYD MARK A&DENISE C 3207 YARDLEY DR NW ROANOKE VA 24012 BROWN WILBUR E JR 3215 YARDLEY DR NW ROANOKE VA 24012 TOMARAS GUS & PAULINE 5398 VISTAMONT DR NE ROANOKE VA 24017 GRUBB ROBERT A 3219 YARDLEY DR NW ROANOKE VA 24012 LUGO BRENDA G DAMIAN 3227 YARDLEY AVE NW ROANOKE VA 24012 1 . CITY OF ROANOKE -+�►'! ' OFFICE OF THE CITY CLERK �4♦ 215 Church Avenue,S.W.,Room 456 ' Roanoke,Virginia 24011-1536 Telephone:(540)853-2541 Fax:(540)853-1145 E-mail: clerk@roanokeva.gov CECELIA F.MCCOY,CMC CECELIA T.WEBB,CMC City Clerk Deputy City Clerk RUTH VISUETE PEREZ August 2, 2023 Assistant Deputy City Clerk Chris Phillips RRMM Architects 28 Church Avenue, SW Roanoke, VA 24011 Dear Chris Phillips: A public hearing has been advertised to be heard by the City Planning Commission on Monday, August 14, 2023 at 1:30 p.m. in the City Council Chamber, fourth floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, in regard to an Application by the School Board of the City of Roanoke to rezone a portion of property located at 3142 Preston Ave NW, Official Tax Map No. 2100501, from IN, Institutional 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. (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, August 21, 2023 at 7:00 p.m., pending formal action by the City Planning Commission, which may be viewed on the City's webpage, www.roanokeva.qov, under "Roanoke Planning Commission News", following its meeting on Monday, August 21, 2023. 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, kg• C-/Xf—e-tf2-er Cecelia F. McCoy, CMC City Clerk Enclosure c: Tina Carr, Secretary to the City Planning Commission Dr. Verletta White, Superintendent Roanoke City Public Schools Chris Perkins, Chief Operations Officer Roanoke City Public Schools 4 T i a CITY OF ROANOKE .r 11Prf OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Room 456 = Roanoke,Virginia 24011-1536 I: ; t Telephone:(540)853-2541 Fax:(540)853-1145 E-mail: clerk@roanokeva.gov CECELIA F.MCCOY,CMC CECELIA T.WEBB,CMC City Clerk Deputy City Clerk RUTH VISUETE PEREZ June 27, 2023 Assistant Deputy City Clerk Chris Phillips RRMM Architects 28 Church Avenue, SW Roanoke, VA 24011 Dear Chris Phillips: A public hearing has been advertised to be heard by the City Planning Commission on Monday, July 10, 2023 at 1:30 p.m. in the City Council Chamber, fourth floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, in regard to a request Application by School Board of the City of Roanoke to rezone a portion of property located at 3142 Preston Ave NW, Official Tax Map No. 2100501, from IN, Institutional 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. (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, July 17, 2023 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, July 10, 2023. If you have questions regarding the Planning Commission public hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540) 853-1730. Questions regarding the City Council public hearing may be directed to the City Clerk's Office at (540) 853-2541. Sincerely, Cecelia F. McCoy, CMC City Clerk Enclosure c: Tina Carr, Secretary to the City Planning Commission Dr. Verletta White, Superintendent Roanoke City Public Schools Chris Perkins, Chief Operations Officer Roanoke City Public Schools CITY OF ROANOKE ,Air°1: OFFICE OF THE CITY CLERK { 215 Church Avenue,S.W.,Room 456 = Roanoke,Virginia 24011-1536 0:.r,,w Telephone: (540)853-2541 Fax: (540)853-1145 CECELIA F.MCCOY,CMC E-mail: clerkCroanokeva.gov CECELIA T.WEBB,CMC City Clerk Deputy City Clerk June 27 2023 RUTH VISUETE PEREZ Assistant Deputy City Clerk Dear Ladies and Gentlemen: A public hearing has been advertised to be heard by the City Planning Commission on Monday, July 10, 2023 at 1:30 p.m. in regard to a request by School Board of the City of Roanoke to rezone a portion of property located at 3142 Preston Ave NW, Official Tax Map No. 2100501, from IN, Institutional 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 (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, July 17, 2023 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, July 10, 2023. This letter is provided for your information as an interested party and/or adjoining property owner. If you have questions regarding the Planning Commission public hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540) 853-1730. Questions regarding the City Council public hearing may be directed to the City Clerk's Office at (540) 853-2541. Sincerely, cate-dist-ft Cecelia F. McCoy, CMC City Clerk Enclosure c: Tina Carr, Secretary to the City Planning Commission ' Adjoining Property Owners and Interested Parties June 27, 2023 Page 2 pc: JAFFERY CENTER OF ROANOKE INC LARRY WELCH 3031 PRESTON AVE NW 4231 WILLIAMSON RD ROANOKE VA 24012 ROANOKE VA 24012 FARRELL PROPERTIES-L LLC VICKERS BARRY LYNN PO BOX 12608 3029 YARDLEY DR NW ROANOKE VA 24027 ROANOKE VA 24012 WOODSON ROGER BLAIR PAGANS JACK D 2444 WESTMONT ST 3101 YARDLEY DR NW ROANOKE VA 24012 ROANOKE VA 24012 C & P TELEPHONE CO OF VA ELMORE ROBERT C PO BOX 2379 MS 3699 3105 YARDLEY DR NW SPOKANE WA 99210 ROANOKE VA 24012 CITY OF ROANOKE MARQUEZ JOB &PATRICIA 40 DOUGLASS AVE NW 3109 YARDLEY DR NW ROANOKE VA 24012 ROANOKE VA 24012 CITY OF ROANOKE PRESTON PARK RUSCIGNO BONNIE D PO BOX 1451 3113 YARDLEY DR NW ROANOKE VA 24007 ROANOKE VA 24012 SHELTON BRETT T SCHWARTZ WILLIAM L 3312 PRESTON AVE NW 3117 YARDLEY DR NW ROANOKE VA 24012 ROANOKE VA 24012 CUPOLA PROPERTIES LLC LESTER KATHERINE M PO BOX 18001 3123 YARDLEY DR NW ROANOKE VA 24014 ROANOKE VA 24012 BHARATI PUSPA M ITSON JASON P 3302 CRITTENDON AVE NW 8034 CEDAR EDGE RD ROANOKE VA 24012 ROANOKE VA 24018 CRITZER JACQUELINE G CLEMENTS DOREEN M 3301 CRITTENDON AVE NW 3112 YARDLEY DR NW ROANOKE VA 24012 ROANOKE VA 24012 GREEN CAROLYN J WRIGHT NOVAL I 1501 JUNE DR 4927 GLEN HEATHER DR ROANOKE VA 24019 ROANOKE VA 24018 Adjoining Property Owners and Interested Parties June 27, 2023 Page 3 pc: KEARNS SUSIE J & CRAIGHEAD CURTIS L 3203 YARDLEY DR NW ROANOKE VA 24012 LLOYD MARK A& DENISE C 3207 YARDLEY DR NW ROANOKE VA 24012 BROWN WILBUR E JR 3215 YARDLEY DR NW ROANOKE VA 24012 TOMARAS GUS & PAULINE 5398 VISTAMONT DR NE ROANOKE VA 24017 GRUBB ROBERT A 3219 YARDLEY DR NW ROANOKE VA 24012 LUGO BRENDA G DAMIAN 3227 YARDLEY AVE NW ROANOKE VA 24012 1 RECEIVED MAY 2 5 REC O x CITY O ROANOKE ,f PLANNING'DU',LDNG&DEVELOPMENT r , € a x _ r Department of Planning,Building and Development Room 170,Noel C.Taylor Municipal Building 215 Church Avenue,S.W. Roanoke,Virginia 24011 Mk Hera to P� Phone: (540)853-1730 Filing Date:May 23,2023 Submittal Number: Original Application ❑Rezoning,Not Otherwise Listed ❑Amendment of Proffered Conditions 0 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: 3142 Preston Ave NW Official Tax No(s).: 2100501 Existing ❑Without Conditions Ordinance Zoning: IN,Institutional ❑ With Conditions No(s).(If ❑ Planned Unit Development applicable): Requested ❑Without Conditions Proposed Public Elementary School Zoning: IN,Institutional ❑ With Conditions Land Use: ❑x Planned Unit Development Name: City of Roanoke Phone Number. +1(540)853-2333 115 Church Avenue,SW Roanoke,VA 24011 E-mail: bob.cowell@roanokeva.gov Name: School Board of the City of Roanoke J Phone Number +1 (540)853-2382 1 Address: 40 Douglass Avenue,NW,Roanoke,VA 24012 1 E-mail:Aplomb Name: RRMM Architects Phone Number.. +1(540)344-1212 Add • 28 Church Avenue,SW,Roanoke,VA 24011 1 E-mail: [cphiilips@rrmm.com ,tip zoning Amendment 101-- 't a� S The rttlitti subnattd for an `_' (x Completed application form and checklist. rx Written narrative explaining the reason for the request. r Metes and bounds description,if applicable. (xi Filing fee. For a rateleftettettOitielielitilidt fiber suben d: 5j Concept plan meeting the Application Requirements of item'2(c)'in Zoning Amendment Procedures. For a e 0 � .___...' ' a __.. .. t ✓ 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 r 'development plan'if proffered. For ✓ Development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. Fora dd: ✓ Comprehensive signage plan meeting the requirements of Section 36.2-336(d)(2)of the City's Zoning Ordinance. For artoto `" ' .• Amended development or concept plan meeting the Application Requirements of item'2(c)'in Zoning Amendment Procedures, r if applicable. r Written proffers to be amended. See the City's Guide to Proffered Conditions. r Copy of previously adopted Ordinance. For a e ✓ Amended development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. r Copy of previously adopted Ordinance. For a compratessteesto overlay ainsfickee4 tie submitted: ✓ Amended comprehensive signage plan meeting the requirements of Section 36.2-336(d)of the City's Zoning Ordinance. ✓ Copy of previously adopted Ordinance. For a iiraices that reiiu ins #1 [i •,p +�.diefratednamst be sub=r r A Traffic Impact Study in compliance with Appendix B-2(e)of the City's Zoning Ordinance. For-a proposalttii itiOrati a traffic iveld ititystsbe subs to T,thefettoeft niustabet*sty last r Cover sheet. ✓ Traffic impact analysis. I— Concept plan. ✓ Proffered conditions,if applicable. ✓ 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. t i:,.- \ S RETAINING I r �-� , 1 WALL(RED LINE) !- i t � '_ ' } 1 , .. _. I 1 TWO-STORY 1 - _ � sse ...=� '.._.i FRON7IERRD CLASSROOM WINGS 1 Jl- x n" r - "„ ' - ,SECURE OUTDOOR LEARNING J t,j ENTRY QUEUE ti 42.1.11. '€ • - FACULTY AND COURTYARD C _a 'I T y t w , `• ` m` I •i € - v►StTORPARKING { t FUTURE EXPANSION III I . A14/00.- ir p {ill � ri S. EXISTING TREE FIRE LANE - - 1 .� `y [ )•rf PRESERVED h t NEW BASEBALL ', ' ;r1 i ;Lit � : 1 1 ' te!' I 1 FIELD i ;° .t` 4 . LE ExTr' GENERA),NOTt'F �� y L•1 � ,, CMC ENTRANCE! I �. _ �� PROMENADE ADDRESS:3I42 PRESfORAVE nw I•��. /. `.i �.��>t l ROAnoi�,VA JRlI: _�-rAYT'Y n4 s � � t �• i Y1 y-1 _ PRESERVED r t,/ PARCEL sue.uos ACRES •(I(I i ,- � � ,'� ''s �' �} `� � BUS ENTRY PROPOSED saraA(7cc i ± ` 4 .. y" -^-- , 7 FRONT(MIN): 10' i I �. ( t't 1 FRONT(MAX)NA(LTVIC SPACE) I It fi` I SIDE e: o 1 hi( S s .,,' ��4 4, c., '',,,, 1- o t, -i EXISTING SCHOOL 1,31 1 ,, rF► ' �, )III I (� (REDLINE) PROPOSED BUILDING. •� J(li �rol :s`Pt t f *. 4 LOWER FLOOR:3l,RI SF Z -_ LUPPER ower L OR:S41BJ SF - /,, ,,,.„,? )� - �f � NEW MULTI-PURPOSE TOTAL: '19,r11 SP } t ` (/ f FIE1GRr: J:-0^es'MAx.) ) ti 1 F` '._- v } // 11( FIELD/SOCCER/ ( f11 t - , �` Iff BASEBALL FIELD � w LI- ril� Ili F TON . � , PIwit�l(n�tarwms) >elctr ,� -r- AVENUE SCALE-1:58 \1 (� ; .. MAY�a 202.5 NEW PRESTON PARK ELEMENTARY SCHOOL Nil CONCEPTUAL SITE PLAN runic sow._ RRMM Preston Park Elementary School Zoning Amendment Narrative Existing Site Conditions The project site is the existing Preston Park Elementary School site located at 3142 Preston Avenue NW in the City of Roanoke,Virginia.The site is currently existing non-conforming from a zoning standpoint as it is zoned Institutional(IN)but violates several elements of the City's Zoning Ordinance for IN zoning, including maximum allowable parcel size and maximum building setback.The maximum allowable parcel size for the IN zoning district is 217,800 square feet(5 acres). However,the current parcel size is just over 13 acres violating that maximum parcel size.The maximum allowable setback for the IN zoning district is forty feet(40').However,the existing school building is located approximately ninety-three(93')from Preston Avenue and approximately one hundred seventy-three feet(173')from Winsloe Drive,both distances violating that maximum building setback. Proposed Use and Development The proposed use for the site will match the existing use as a public elementary school for Roanoke City Public Schools. In order to bring the development into conformance with the City's Zoning Ordinance,we will be rezoning the parcel from Institutional(IN)to Institutional Planned Unit Development(INPUD).The proposed development will see the construction of an entirely new elementary school on the site while the existing school is still occupied and in use.The proposed location of the new school building will provide a multitude of benefits for the project both during construction and upon final completion. • First,the proposed building location takes advantage of the site's existing topography where the grades drop-off several feet from East to West by aligning the building's internal 2-story floor level changes with these grade differences.In this way,we can minimize unnecessary earthwork and grading operations. • Next,the proposed building location allows for the continued use of the existing school building, gym,parking areas and parent/bus loop areas during construction.This arrangement will allow for a clear delineation between the construction area and the existing school areas to allow for better safety and circulation for both students,staff and contractors. • The proposed school location also takes full advantage of solar orientation for the classroom wings,allowing for natural daylighting of the classrooms which will both save on electricity costs and provide a better learning environment for both teachers and students. • The building location also allows for the placement of multiple civic amenities in the front of the site to create a welcoming environment for the local community to utilize these assets.These amenities include multiple play fields,multiple playgrounds,an enlarged sidewalk promenade connecting the building to the street as well as sitting areas. • Finally,and perhaps most importantly,the proposed school building location is in-keeping with the design tenants of Crime Prevention through Environmental Design (CPTED).The premise of CPTED is to utilize design features and principles to deter criminal activity and promote a sense of security on the school site,which is of particular importance now more than ever,especially in K-12 schools. o State law requires design professionals in educational design projects to have received training in CPTED,and encourages the use of its principles for all school projects.As a designer trained in CPTED,it would be contrary to abide by the current zoning and still meet critical CPTED principles if a school were to be 20 ft to 40 ft from the right-of-way. o Principles such as access management and natural surveillance include site design features such as vehicular routes,parking,exterior pedestrian routes that define the perimeter of the school campus/perimeter and allow the building design to naturally survey these site features from a controlled main entrance.These site elements thus become security assets to the property. Justification for Rezoning As previously mentioned,the current site does not conform with the existing zoning ordinance for Institutional(IN)zoning districts,specifically with respect to maximum lot size and maximum building setback.Therefore,in order to bring the site into conformance with the City's Zoning Ordinance,we will be rezoning the parcel from Institutional(IN)to Institutional Planned Unit Development(INPUD). Without subdividing the property,there is no way to reduce the parcel size to below five acres in order to comply with the current zoning ordinance.And as mentioned above,the proposed placement of the school building is paramount to the success of the project for multiple reasons, not just during construction but also operationally for the proposed elementary school site. Utilizing the design tenants of Crime Prevention through Environmental Design(CPTED),we are encouraged to prioritize design features such as vehicular routes,parking areas and exterior pedestrian routes in order to define the perimeter of the school campus and allow the building to naturally survey these site features from a controlled main entrance.These site elements become security assets which reduce the opportunities for criminal activity by creating clear lines of sight,improving lighting and enhancing natural surveillance. However,we have also been sensitive to the priorities of the City of Roanoke and their land planning principles by utilizing the space between the front of the building and the roadway to incorporate multiple civic amenities which will serve as assets for the local neighborhood and further create a sense of community for the area. Effect of Rezoning on Surrounding Neighborhood There should be no adverse or negative effects to the surrounding neighborhoods due to the proposed rezoning.The proposed use of a public elementary school is the same as the existing use.The proposed site layout and design seeks to avoid any traffic impacts to the surrounding streets by providing an improved traffic circulation design on the site that both separates bus traffic and parent car traffic and seeks to minimize the queuing of cars and buses on the adjacent local streets. In addition,as previously mentioned the proposed site design provides multiple civic amenities that will serve the surrounding neighborhoods including multiple playgrounds and ballfields that will be accessible from the public streets for the use of the local community. Availability of Similarly Zoned Property in the Area There are multiple examples of similarly zoned properties both within the local area and within the City, particularly with respect to public school sites.Just one block away to the South of this site is the Breckinridge Middle School site which is also zoned INPUD. Round Hill Elementary School located approximately 1.1 miles to the Southwest is zoned INPUD and has the same constraints as the Preston Park Elementary School site in that it exceeds the allowable maximum parcel size and maximum building setback for the Institutional(IN)zoning district.William Fleming High School,located approximately 1.9 miles to the West of this site,is also zoned INPUD and also exceeds the allowable maximum parcel size and maximum building setback for the Institutional(IN)zoning district. Patrick Henry High School,Fallon Park Elementary School,and Hurt Park Elementary School are also examples of public school sites that are zoned INPUD and both exceed the allowable maximum parcel size and the maximum building setback for the Institutional(IN)zoning district and these are just a few of the examples within the City. Relationship of the Rezoning to City's Comprehensive Plan As the site is already zoned and used as a public elementary school,we are not seeking to change the proposed use of the existing site which is already in-keeping with the City's Comprehensive Plan. In addition,we have tried to utilize the City's design principles for Urban Neighborhoods both from the City's Comprehensive Plan and the City's Urban Design Manual. More specifically,on page 143 of the City Plan 2040 under the section for Urban Neighborhood design it states the following:"Institutional uses may be present within the centers or may be interspersed through an urban neighborhood. When interspersed, these is often a deeper setback or larger lot."As these school sites are interspersed through the local neighborhoods we are in-keeping with the design principles of the City's Comprehensive Plan. Character Districts centers Neighborhood scaled commercial and mixed-use centers are often found at intersections near busier streets and are situated so they can be accessed by most of the neighborhood by a 5.10 minute walk.Buildings often form a denser pattern with zero setbacks and higher lot coverage. The scale of buildings complements the density and housing that surrounds them. Institutional uses may be present within the centers or may be interspersed throughout an urban neighborhood.When interspersed,there is often a deeper setback or larger lot. Industrial centers are typically located in areas near the Roanoke River or railroad lines. They are often in close proximity to residential areas. In addition,on page 18 City's Urban Design Manual under the section for Public and Institutional design it states the following:"Buildings may have deeper front yard setbacks than surrounding development but should still be used to define the street and work well to terminate vistas. If civic space is provided for the public between the principal building and the street, the maximum front yard setback does not apply."As we have provided a large civic space with multiple civic amenities between the school building and the street,we feel we are once again in-keeping with the design principles of the City's Urban Design Manual. Public and Institutional I ae mt:t is The following ga,delines should be ased for places of wochip.educational fa- cilities,civic buildings,post offices,libraries,community centers,fire,police sta l tions.cemeteries,parks•and other public,instinttioaat,and community facititi These types of developments often function as orienting features and arc promi- „. nently located in a neighborhood setting. Like other development forms,these developments should define the street through building placement or decorative s ` fencing when buildings are not primary components of the design. Placement I Buildings may have deeper front yard setbacks than surrounding development but should still be used to define the street and work well to terminate vistas. Special note on civic space in the Institutional District.If civic space is provided for the public between the principal building and the street,the maximum front yard setback does not apply. c,*- NA v��0 �O ems. 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O K O iii Cn N d p m m m c To a -:o c y N D )< 6 m C C co `' ai c N QX N t E E O C T C -Op N m N N N Q N a) C a) a o a o U 0 3 0) ai N 0 g Cs' a O Q O •(/j U J = c R. a ai iri LL c O •o Q Q U O U 0 N Z Z a 2 2 CC CC CL G R Q U N M ., = I o Z o a N n : iIIE1IIU r Oo N _ ,i J `" F ITY OF ROANOKE OFF ICE 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.MCCOY,CMC E-mail: clerk@.roanokeva.gov CECELIA T.WEBB,CMC City Clerk Deputy City Clerk RUTH VISUETE PEREZ August 24, 2023 Assistant Deputy City Clerk Keri and Justin VanBlaricom 917 Carrington Avenue S.W. Roanoke, Virginia 24015 Dear Mr. and Mrs. VanBlaricom: Enclosed is a copy of Ordinance No. 42735-082123 to rezone a portion of the property located at 2424 Brambleton Avenue, S.W., bearing Official Tax Map No. 1470301, from ROS, Recreation and Open Space District, to MXPUD, Mixed Use Planned Unit Development District, subject to the Development Plan. The above referenced measure was adopted by the Council of the City of Roanoke at the regular meeting held on Monday, August 21, 2023. Sincerely, J7- Cecelia F. McCoy, CMC City Clerk Enclosure c: Tina Carr, Secretary to the City Planning Commission Adjoining Property Owners And Interested Parties August 21, 2023 Page 2 City of Roanoke Fishburn Park Po Box 1451 Roanoke VA 24007 Rawley A Haskins, Jr. 2501 Brambleton Ave SW Roanoke VA 24015 Big Fish Properties LLC 1811 Arlington Rd SW Roanoke VA 24015 Hampton Street Properties LLC 3726 Verona Trail Roanoke VA 24018 Star City Investments LLC P.O. Box 2705 Roanoke VA 24001 Wayne D and Tobey I Salisbury 2413 Brambleton Avenue SW Roanoke VA 24015 Owen W. and Tatiana M. Mcguire 2514 Brambleton Avenue SW Roanoke VA 24015 Velda M Leffel Life Estate 965 Earl Of Essex Arch Virginia Beach VA 23454 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of August 2023. No. 42735-082123. AN ORDINANCE to rezone a portion of the property located at 2424 Brambleton Avenue, S.W., bearing Official Tax Map No. 1470301, from ROS, Recreation and Open Space District, to MXPUD, Mixed Use Planned Unit Development District, subject to the Development Plan; and dispensing with the second reading of this ordinance by title. WHEREAS, Keri and Justin vanBlaricom, have made application to the Council of the City of Roanoke, Virginia ("City Council"), to have a portion of the property located at 2424 Brambleton Avenue, S.W., bearing Official Tax Map No. 1470301, from ROS, Recreation and Open Space District, to MXPUD, Mixed Use Planned Unit Development District, subject to the Development Plan that specifies uses, location of buildings and infrastructure, site access, and building design; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on August 21, 2023, after due and timely notice thereof as required by §36.2- 540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject property, and for those reasons, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that a portion of property located at 2424 Brambleton Avenue, S.W., bearing Official Tax Map No. 1470301, be, and hereby is rezoned from ROS, Recreation and Open Space District, to MXPUD, Mixed Use 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 No. 1 dated June 26, 2023. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. _ OF 44 `~ •-'" CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: August 21 , 2023 Subject: Application by Keri and Justin vanBlaricom to rezone a portion of property located at 2424 Brambleton Ave SW, Official Tax Map No. 1470301 , from ROS, Recreation and Open Space District, to MXPUD, Mixed Use Planned Unit Development District Summary: By a vote of 6-0, with Commissioner J. Smith absent, the Commission recommends approval of the rezoning request, finding that the Original Application is consistent with the general principles within the City's Comprehensive Plan, Grandin Court Neighborhood Plan, and the Zoning Ordinance as the subject property will be developed and used in a manner appropriate to the surrounding area. Application Information: Request: Rezoning to Planned Unit Development Owner: City of Roanoke Applicant: Keri and Justin vanBlaricom City Staff Person: Katharine Gray, Land Use and Urban Design Planner Address: 2424 Brambleton Avenue SW (portion) Official Tax No: 1470301 Site Area: +/- 1 .10 acres Relevant Plans: Grandin Court Neighborhood Plan Proposed Land Use: Coffee shop, Commercial uses as listed on PUD plan Future Land Use: Natural Space/Open Space/Recreation/Agriculture Use Filing Date: Original Application: June 26, 2023 Public Notification and Outreach: • Roanoke Times Legal Advertisement (runs Required Public Notice - • two-consecutive Tuesdays) Letters to Property owners abutting subject State of Virginia Code property (includes across street/alley) • Direct notice by mail includes neighboring localities if applicable Required Public Notice - • Posting a sign on the subject property with City of Roanoke Zoning hearing date and contact for additional Code information • Posting applications - applications received are posted on the PBD Board & Commission page, providing instant access to the full application and supporting documentation • CivicSend Notices - Email notification subscription to share information with citizens and stakeholders according to their preferences. Land Use Applications PBD Outreach Beyond State/City Code touch the inbox of subscribers at least 2 Requirements times - 1) Application filed; 2) Agenda and Staff Report Posting; 3) Amended Information, if applicable • Neighborhood Leaders and Civic Stakeholders Email Notice - Direct email to leaders to share information; coincides with CivicSend Notices • CivicSend Notices for land use applications typically reach more than 1 ,800 subscribers • All applicants are strongly advised to PBD Recommended discuss project with area neighborhood Applicant Outreach organizations and/or civic leagues and adjoining property owners and/or tenants • The Applicants created a Facebook page for the project: https://www.facebook.com/FishburnPerk/ • The Applicants held a meeting at Fishburn Applicant Outreach Park on March 22nd, 2023. • The Grandin Court Neighborhood Association held a meeting on May 2nd, 2023. The Applicants attended to answer community member questions regarding the project. 2 Background: The Fishburn Park caretaker's cottage was built in the early 1800's and added onto over time. The City of Roanoke acquired the property in 1925. The cottage has been vacant for many years and is in a deteriorated condition. The City of Roanoke has been actively seeking a new owner to purchase and restore the cottage for multiple years. Justin and Keri vanBlaricom have a contract with the City to purchase the cottage on a 1 .1 -acre portion of property (hereafter property) at the southeastern corner of Brambleton Avenue SW and Clifford Street SW. They propose to renovate the cottage for use as a neighborhood coffee shop, but are unable to do so within the uses allowed in the existing ROS, Recreation and Open Space District, zoning. Therefore, the applicant proposes to rezone the property to Mixed Use Planned Unit Development District (hereafter MXPUD). The vanBlaricoms held a public meeting regarding the proposed change and received overwhelmingly positive feedback regarding the renovation of the historic building for a coffee shop with the request from attendees to add additional parking within the proposed PUD plan, which change was subsequently made. Proposed Use/Development: The applicant proposes to rezone a 1 .1 -acre portion of the parcel at the southeastern corner of Brambleton Avenue SW and Clifford Street SW to MXPUD to enable the renovation of the historic caretaker's cottage to a commercial use, planned as a coffee shop or other use, as listed on the PUD plan. The property will be divided into Area A around the cottage and Area B along the street frontage. The uses allowed in Area A are: • Office, general or professional ■ Community market ■ Bakery, confectionery, or similar food production ■ Retail ■ Club, lodge, civic, or social organization ■ Community center • Eating establishment ■ Eating and drinking establishment, abutting a residential district ■ Meeting hall ■ Artist studio ■ Community garden ■ Accessory uses not otherwise listed The uses allowed in Area B are: • Park or playground ■ Botanical garden or arboretum 3 • Community market, with no permanent structures • Community garden ■ Accessory uses not otherwise listed The owner's intent is to restore the building exterior per the plan with additional seating areas added around the building. Based on analysis of a structural engineer, sections may have to be rebuilt, but the overall form and massing will remain the same. The remainder of the site includes: parking to the rear of the building, a community garden, and undeveloped open space that is proposed to remain as it exists today. Considerations: Compatibility with Surrounding Land Uses: The property requested to be rezoned was used for a caretaker's cottage for many years until the building was vacated many years ago. The property is surrounded by residential and multiple-purpose district zoned property. The rezoning to MXPUD would permit lower-intensity commercial uses in an existing historic building in a manner that keeps uses and form of development appropriate in an area with adjoining R-7, Residential Single-Family District, and MX, Mixed Use, property to the north; ROS, Recreation and Open Space District, to the east and south; and R-7, Residential Single-Family District, property to the west. Zoning District Land Use North R-7, Residential Single-Family Single-family detached dwellings, MX, Mixed-Use Office South ROS, Recreation and Open Space Park East ROS, Recreation and Open Space Park West R-7, Residential Single-Family Single-family detached dwellings The future land use plan from City Plan 2040 designates this area for Natural Space/Open Space/Recreation/Agriculture Use. Applicability/Appropriateness of Proposed Zoning District: The purposes of the MXPUD District are to encourage the orderly development of mixed residential/commercial sites and to encourage innovative development patterns that create a desirable environment, particularly for lots which contain a number of constraints to conventional development. These regulations are designed to achieve the following objectives: 1 ) Promote efficient use of land and infrastructure through high quality urban design; 2) Promote a development pattern in harmony with existing development and the objectives of the City's Comprehensive Plan; 4 3) Permit a compatible mix of commercial and residential uses; 4) Provide safe, efficient access and traffic circulation; 5) Create opportunities to use new technologies in managing the quality and quantity of stormwater; and 6) Encourage the preservation of steep slopes, floodplains, historic structures and areas, and unique, natural, or geological formations. This particular proposal would allow the renovation of a one of the oldest historic buildings within the City of Roanoke into a building with commercial uses compatible with the surrounding residential and commercial zoned properties. Availability of Other Property: The proposed development is to be a renovation of an existing historic building to enable the continued productive use of the building. As such, there are no other properties immediately adjacent, other than those in the rezoning request, which are available, similarly situated, and zoned to allow this type of development. Consistency with Comprehensive Plan: Both City Plan 2040 and the Grandin Court Neighborhood Plan encourages context-sensitive development that supports the high quality of life enjoyed by citizens. The revitalization of a vacant, community-defining historic building, in a manner appropriate to the surrounding area, is consistent with this type of context-sensitive development. Policy/Action Plan Applicability to matter LBE Priority One Policy 1 Comprehensive The rezoning to a planned Action: Proposed development (infill Plan', Livable unit development zoning development, alterations, renovations, Built Environ- district allows for a historic and additions) should create or ment Theme building to be reused for a enhance a distinctive character that low-intensity commercial use relates well to the surrounding in a manner that supports the community adjacent park and fits in well with the surrounding residential and commercial zoned property along Brambleton Avenue. LBE Priority Three Policy 3 Comprehensive The proposed development Provide and maintain beautiful, Plan , Livable would transfer a very small accessible parks updated to serve the Built Environ- portion of the approximately needs of all users. ment Theme 47-acre park to private ownership. However, it also allows the creation of a ' City Plan 2040, City of Roanoke, 2020 2 Grandin Court Neighborhood Plan, City of Roanoke, 2005 5 Policy/Action Plan Applicability to matter vibrant space for gathering that enhances a sense of community and social interaction by creating a place for people to come together that is symbiotic with a park. Urban Design Comprehensive The proposed development Character District Plan , Urban restores the exterior of the Urban Neighborhoods: Well-designed Design prominent historic building historic buildings should be preserved while renovating the interior and should be used to inform new to allow for a low-intensity development. commercial use that will bring new life to a vacant building. Streets and gateways should be Neighborhood The proposed development attractively designed. Specific Plane, pg. 32. incorporates sidewalk along attention should be placed on the Brambleton Avenue Brambleton Avenue because it is a frontage of the property to major gateway to Roanoke. improve the pedestrian Functionally, streets will accommodate environment. autos, pedestrians, and bicycles. Trees should be used to create a canopy over streets, so large species of trees should be used whenever possible. Quality of life: Neighborhood In the two community Residents should be involved in Planz, pg. 33 meetings held regarding the neighborhood improvement and proposed development, the advocacy majority of people at each meeting indicated support for the change. Maintain and enhance the recreation, The proposed development parks, and open space. removes a very small portion of the approximately 47-acre park for the restoration of the historic building into a neighborhood coffee house. At the same time, it does create an asset adjacent to the park that enhances the experience of park goers with a complimentary use and pedestrian access to the park, and maintains open space on the property. 6 Comments on Application: Planning Commission Work Session: The vanBlaricoms community outreach efforts, including a community meeting, and the need for additional standards on the development plan and trip generation were discussed at the Planning Commission work session. Interdepartmental Comments: General comments were provided from the Western Virginia Water Authority and the Planning Building and Development department related to: water and sewer availability, building and zoning subdivision requirements, and the permitting process. Public Comments: Public comments received before the hearing were both positive and negative. The negative comments focused on: the change of uses within the contract, the need for park space, requiring a feasibility study before this process, the Parks and Recreation Advisory Board's negative recommendation, environmental concerns, worsening public safety with an increase in people to the area, a negative impact on property values, an unfair precedent being set, preference for proposals previously offered by the commenter, and the clause regarding the condition of the building and renovation. The positive comments previously received focused on: the overwhelming support of the community, restoration of the historic structure, adding a small income-generating business that fits wells with the character of the surrounding area, a private/public partnership to bring needed change to the community, restrictions in the PUD plan that provide certainty as to the use and development of the property, preservation of the existing greenspace, and the creation of a community-creating gathering place. In the two community meetings previously held regarding the proposed development, the majority of people at each meeting indicated support for the change. Online and paper petitions previously gathered for and against the proposed change were also submitted. The majority of the petition signers were in favor of the change. 7 Public Hearing: Public comments made at the hearing were both positive and negative. The negative comments focused on: the lack of a feasibility study, changes in the contract with the City, environmental concerns, worsening public safety with an increase of in people to the area, and the Parks and Recreation Advisory Board's negative recommendation. The positive comments focused on: the proposal being a good change for the community with the use proposed being a positive addition adjacent to the park, and this change allowing the City to spend their money on other park improvements while the applicants spend private dollars to improve this dilapidated building for a community space. Conclusions and Recommendations: The principal consideration is whether the proposed rezoning is consistent with the general principles within City Plan 2040 and the Grandin Court Neighborhood Plan. The proposed change allows for the restoration of the exterior and renovation of the interior of a vacant and dilapidated historic building by incorporating a low-intensity commercial use into the space. The change in zoning to a PUD district allows for particular low-intensity commercial uses that can generate income to pay for the renovation while assuring the development is limited to only that which is shown on the PUD plan. The rezoning to MXPUD is appropriate to the surrounding area and in keeping with the goals of these plans. Gcl La-A If4Ad � Sarah Glenn, Chair City Planning Commission Enclosure: Attachment A, Zoning District Map Distribution: Robert S. Cowell, _Jr., City Manager Angela O'Brien, Assistant City Manager Chris Chittum, Executive Director of Community Development and Placemaking Katharine Gray, Planning Commission Agent Timothy Spencer, City Attorney Laura Carini, Senior Assistant City Attorney Keri and Justin vanBlaricom 8 Q .r C 1OZOL1 d E s co V 4.0 1111 Q - x X 2 d O u t9 f 147O30 v c tii Cr Q � Q Ci) MI 1561131 7 "1Ce la A. 16611q° 0 7 156113{) ' a m I )- 166113g S ce Q ! la1561129 m �1 O t t'i 15611g i ; �' 1561128 ti1a 0 1 NAB° 7,:,(.,,i,2,,cr 611q$ 1561127 • '64 ,b ° w 136 % -��� OFF°4 1C12 u 1561126 1661 t.- Cv �� 1%15 CD o ceLc) a 1 61�v 1661�11 11�116 `` cA 0 1561125 ' {E 15611 ca Et co hC1 1561124 cc LA v) 16611�3 1 61201 1y,. 7 1561123 ` 156112 a: ` �� to 1 c 61122 g61116 �! rt 1361111 111�' an 1`��' OZZ 1991 d a tr = C l 1 Q O a o v m v o - u a ii C C c F. a 2 d E >. ._'. ,', c v p o C> m m c y c c E E r� a -' cv Tu. 0 t� c? z `° � m y � � :e :a � o o -E m c+ d C o m a a u LL Ys a c Q ww N "` y 7 l0 a) CA ® t. 9 _ X % p X C Q G K m t E al E c o c 5. o "' 2 v1 cn in in °' a m N ML Q 1— S n o U C 3 rn .N O c m c�'i air m o O - 0 W v 6 U V J = (Y N Q U" J Z 0. D X X r c+) tf1 1• 2 Z N t)• a U U U o n z z a g U Z N E a N IN !IIII $ EII ': r N — Zoning Amendment Application Department of Planning, Building and Development Room 170.Noel C. Taylor Municipal Building 215 Church Avenue,S.W. Roanoke,Virginia 24011 Click Here to Print Phone (540)853-1730 Filing Date �1une 26,2023 1 Submittal Number Amended Application No 2 ' [] Rezoning.Not Otherwise Listed 1 ] Amendment of Proffered Conditions El Rezoning,Conditional 0,1 Amendment of Planned Unit Development Plan Z Rezoning to Planned Unit Development !___I I___I Amendment of Comprehensive Sign Overlay District 7 Establishment of Comprehensive Sign Overlay District Address. 12424 Brambleton Avenue SW, Roanoke,VA 24015 (portion only) Official Tax No(s) : '1470301 Existing ---1 ❑ Without Conditions Ordinance Zoning ,ROS.Recreation and Open Space • i ❑ With Conditions No(sl.(If 1 t._1 Planned Unit Development applicable) i Requested 1 Without Conditions Proposed 1Coffee Shop Zoning: 1MXPUD,Mixed Use Planned Unit Develop • [ ] With Conditions Land Use i `\' Planned Unit Development Sd t'� .-i 11 -1 1i♦ t,e. iU i11'A1 Nameli : City of Roanoke Phone Number. 1 5408531502 Address: 215 Church Avenue SW, Roanoke,VA 24011 1 E-mail ! I. 4,a.,,e+>s•pat.,e Name. 1Keri and Justin vanBlaricom T,l Phone Number.I 5405295888 Address: 1917 Carrington Avenue SW Roanoke,VA 2401q E-mail: 1917 Carrington Avenue SW Rd r .�. _ , Name I Angela O'Brien Phone Number 40.853.2333 215 Church Avenue SW Suite 364 Roanoke VA 24011 E-mail: ien@roanokevai.I P.ddress: ;y- ,ts a. , a. 3 Zoning Amendment Application Checklist The following must be submitted for all applications: 7 Completed application form and checklist. Written narrative explaining the reason for the request. Metes and bounds description if applicable. 7 Filing fee. For a rezoning not otherwise listed,the following must also be submitted: [— Concept plan meeting the Application Requirements of item'2(c)'in Zoning Amendment Procedures For a conditional rezoning,the following must also be submitted: r Written proffers. See the City's Guide to Proffered Conditions. Concept plan meeting the Application Requirements of item'2(c)'in Zoning Amendment Procedures Please label as 'development plan'if proffered For a planned unit development,the following must also be submitted: Development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. For a comprehensive sign overlay district,the following must be submitted: P Comprehensive signage plan meeting the requirements of Section 36.2-336(d)(2)of the City's Zoning Ordinance For an amendment of proffered conditions,the following must also be submitted: Amended development or concept plan meeting the Application Requirements of item'2(c)'in Zoning Amendment Procedures if applicable. J Written proffers to be amended. See the City's Guide to Proffered Conditions. (— Copy of previously adopted Ordinance. For a planned unit development amendment,the following must also be submitted: 7 Amended development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. P Copy of previously adopted Ordinance. For a comprehensive sign overlay amendment,the following must also be submitted: I Amended comprehensive signage plan meeting the requirements of Section 36.2-336(d)of the City's Zoning Ordinance. 1— Copy of previously adopted Ordinance For a proposal that requires a traffic impact study be submitted to the City,the following must also be submitted: (` A Traffic Impact Study in compliance with Appendix B-2(e)of the City's Zoning Ordinance. For a proposal that requires a traffic Impact analysis be submitted to VDOT,the following must also be submitted: (— Cover sheet. P Traffic impact analysis Concept plan. f Proffered conditions. if applicable 7 Required fee *An electronic copy of this application and checklist can be found at www.roanokeva.govlplanningcornmission A complete packet must be submitted each time an application is amended. unless otherwise specified by staff AMENDED APPLICATION NO. 2 FOR REZONING Date: June 26, 2023 Property Address: 2424 Brambleton Avenue SW, Roanoke, VA 24015 Tax Number: 1470301 Applicant: Justin and Keri vanBlaricom 917 Carrington Avenue, SW Roanoke, VA 24015-3817 Existing Zoning: ROS Proposed Zoning: MXPUD Background: The applicants have entered into a contract with the City of Roanoke to purchase a 1.1 acre parcel of Fishburn Park that includes the former caretaker's cottage with the intent to renovate the cottage and operate it as a coffee shop. The sale is contingent on the property being rezoned to MXPUD zoning. Exhibits: • Exhibit One: Amended Development Plan dated June 23, 2023 • Exhibit Two: Amended Survey of parcel to be rezoned dated June 26, 2023 Proposed Improvements to the Property: Approval of this zoning amendment will allow the applicants to renovate the caretaker's cottage into a coffee shop and community gathering place adjacent to the existing Fishburn Park property. The 1.1 acre parcel to be rezoned is not presently well-used by park patrons because the cottage is dangerously dilapidated, making it currently unsafe for public use. The cottage is a one-story wood-framed structure about 1000 sf in size. The circa 1850 original structure appears to have been added onto at least two times. The cottage has been empty for nearly 25 years and is in a badly deteriorated condition. The building needs to be evaluated by a structural engineer as a number of structural deficiencies are readily apparent. Much of the foundation will need to be rebuilt due to deteriorated masonry and/or insect damage and rot, and areas of the siding need replacement. Sections of the porch and interior floors will need to be reinforced to meet commercial load requirements and/or replaced due to rot. The chimneys need repair and a new electrical service is required. The new use as a coffee shop will require the building to be upgraded to meet current building code standards while preserving its exterior appearance as much as possible. A new commercial kitchen meeting Health Department standards will be installed. The electrical and heating and air conditioning systems will be replaced. New interior finishes and lighting to create a pleasant atmosphere for the customers will be installed. Two new toilets will be added to comply with ADA accessibility requirements. For the building exterior and surrounding grounds, the applicants will add a new paved drive largely following the path of the existing overgrown gravel drive. Seven new customer parking spaces, including one ADA-compliant space, will be added as well as a ramped sidewalk to provide handicapped access to the coffee shop. As structurally feasible, the existing porch will be renovated and additional deck areas on several levels will be added to create spacious outdoor seating surrounding the cottage. The proposed improvements include one accessory building, approximately 12' x 16' in size, for storage and to support a future raised-bed community garden nearby. Appropriate screening, landscaping, and buffer yards will be provided in accordance with the City Ordinance standards (Sec. 36.2-642). The applicants intend to keep the wooded areas of their parcel intact, except for the removal of any hazardous dead trees. This renovation is in line with the Grandin Court Neighborhood Plan's(2005)initiative to retain its citizens and improve the livability of the neighborhood. Repurposing this existing building to a coffee shop brings vitality, safety, and an appropriate use to this beautiful historic hillside at the entrance of Fishburn Park. Adherence with MXPUD Design Objectives: The attached development plan illustrates the intended improvements to be made to the property. The planned development meets the MXPUD design objectives listed in Sec.36.2-324 as follows: "(1)Promote efficient use of land and infrastructure through high quality urban design." • The proposed project promotes efficient use of existing land and infrastructure by restoring a long- vacant historic structure and converting it into a coffee shop that will enhance the user experience of the existing park. "(2) Promote a development pattern in harmony with existing development and the objectives of the City's Comprehensive Plan." • The proposed project will harmonize with the existing park by restoring functionality to a vacant existing structure in the park. The proposed coffee shop will bring a new amenity to the park and expand the activities available to park and greenway users. A detailed listing of how it will support the objectives of the Comprehensive Plan is included below. "(3) Permit a compatible mix of commercial and residential uses." • The proposed coffee shop will fit in with the existing park and residential uses in a similar way that the addition of the Green Goat restaurant has enhanced Wasena Park and the neighboring residential area. "(4) Provide safe, efficient access and traffic circulation." • The proposed project will utilize the park's existing commercial entrance and internal driveways rather than create a new commercial entrance. The proposed project will not connect to the adjoining residential streets and create additional traffic on them. "(5) Create opportunities to use new technologies in managing the quantity and quality of stormwater." Stormwater management strategies such as harvesting the roof's rainwater runoff and permeable paving will be utilized to minimize the negative effects of stormwater runoff. Low Impact Development design techniques will be utilized as they are feasible. "(6) Encourage the preservation of steep slopes, floodplains, historic structures and areas, and unique, natural, or geographic formations." • The new driveway and parking spaces will follow the route of an existing gravel drive to minimize new grading. The project area is well above the floodplain and will not impact it. The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound. The existing trees on the site will not be negatively affected by the proposed project. Proffered Use Limitations: The applicants grew up in southwest Roanoke City and reside there with their three children. As they value the concerns of the neighbors and the neighborhood association members, and desire to add value to the neighborhood culture that already exists, they voluntarily proffer to restrict the uses of the property as listed below and as shown on the Development Plan. The 1.1 acre parcel will be divided into two areas. The southeastern 0.6 acre portion of the site will be designated as Area A, as shown on the Development Plan. MXPUD permitted uses on Area A will be limited as a voluntary proffer to the uses listed below: • Office, general or professional • Community market • Bakery, confectionary, or similar food production • Retail • Club, lodge, civic, or social organization • Community center • Eating establishment abutting a residential district • Eating and drinking establishment abutting a residential district • Meeting hall • Artist studio • Community garden • Accessory uses, not otherwise listed. The northwestern 0.5 acre portion of the site will be designated as Area B, as shown on the Development Plan. Permitted uses on Area B will be limited as a voluntary proffer to the uses listed below: • Park or Playground • Botanical Garden or Arboretum • Community Market with no permanent structures • Community garden • Accessory uses, not otherwise listed. Adherence with the Comprehensive Plan and the Grandin Court Neighborhood Plan: The proposed project supports the following City Plan 2040 recommendations: • Economic Development, Category 2: (page 25) o Using existing resources and networks to grow small businesses. o Investing in underutilized corridors and areas to create job training and employment opportunities close to or within our complete neighborhoods. • Harmony with Nature Priorities: (pages 61 and 63) o Policy 2: Preserving and reusing a historic building also preserves and reuses the embodied energy of the building. o Policy 4: Increasing opportunities for the community to interact with its natural surroundings improves mental health and wellbeing. • Livable Built Environment Priorities: (page 81) o Policy 1: Create and maintain well-defined public spaces that provide places for people to interact face-to-face; encouraging activities that bring people together in neighborhood centers. o Policy 3: Promote partnerships to assist in the development of park spaces. • Land Use Priorities: (page 113) o Policy 1: Promote compatibility of different land uses through building design, building orientation, and thoughtful arrangement of accessory uses on the site. o Policy 2: Encourage active, productive uses of land and preclude unproductive uses of land. • Urban Neighborhoods Character Districts: (page 143) o Shared open spaces such as parks and plazas are provided as extended living spaces for residents. o Well-designed historic buildings should be preserved and should be used to inform new development. The proposed project supports the following Grandin Court Neighborhood Plan Quality of Life recommendations: • Maintain and enhance the recreation, parks and open spaces. • Preserve wooded areas. In conclusion, we believe that our request for this zoning amendment is consistent with the land use patterns of the Grandin Court Neighborhood, directly improving the residential, village center, and open and wooded park spaces already in place and that our project will have a positive impact on the park and the surrounding neighborhood. We respectfully request your support of our application. Justin vanBlaricom Ken vanBlaricom U!W o ...I; ecu i-• _ x g . a r �� A 'Y Eii: 3 eeu`E`°x« ". -771. 111 RgP 1 SHEETNOTES ,.� /.... 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WOK .mYimo ' oo - 15 Fh i � ,� b,& I ��'a S II °V i i ARIA B a soao AC. r'- \ ' i \ n 1 \ N CO .� �\ � w% w \ i1 °� „ab. \ � �.a,n Y \ \s:q- m,J LC \ LLJ • N o� \ • ••\ \ ,2 F \ \•.\ <o \ \ \ \ sizsrzo:3 SHEET OF ZONING DISTRICT MAP 2424 Brambleton Ave SW 1560901 (portion only) ROS: Recreation Official Tax Parcel: 1470301 and Open Space IVIONTGOMERY AVE _ , ��� 1370102 ®Area to be Rezoned MX:Mixed Use at Zoning j w w call C) N O AD:Airport Dev > 0 rn rn — N ro oo -CG:Commercial-General N w v' 6, -CLS:Commercial-Large Site -r 6 q1 R-7:Res 15 11 CN:Commercial-Neighborhood > Single-Family > cr D:Downtown > — , o 0 6' > co -I-1:Light Industral n > L W �O MI1-2:Heavy Industrial a, 6, rn V E tiiy:'IN:Institutional �a) ' w n ���tAllel N�� , OINPUD:Institutional Planned Unit Dev > � 0 ®IPUD:Industrial Planned Unit Dev 6`6, > MX:Mixed Use Q MXPUD:Mixed Use Planned Unit Dev R-12:Res Single-Family R-3:Res Single-Family N n rn > o ei R-5:Res Single-Family N p 9 4% o CP .0 R-7:Res Single-Family 11 G RA:Res-Agricultural 1`L1a M �5612°`' 1y6 .‘ it RM-1:Res Mixed Density 06 s , > 6' r RM-2:Res Mixed Density >c� ROS:Recreation -RMF:Res Multifamily LS, a s and Open Space ROS:Recreation and Open Space C i Q W ®UF:Urban Flex Z — 4-_ii .Conditional Zoning 16121 0 N N R pv . p-' 0 1 100 1 200 Feet s SEE 1A1p169 00 0 upt; Roanoke ,' , Office of the School Board LI Eli C.S. Jamison, Ph.D., Chair • Joyce W.Watkins,Vice Chair Cit, S CPU HB O oC L s�" Franny Apel • Diane M. Casola • Mark K. Cathey Michael L. Cherry, II • Natasha N. Saunders August 14, 2023 City of Roanoke Planning Commission Noel C. Taylor Municipal Building Room 166 South 215 Church Ave. SW Roanoke, VA 24011 Planning Commissioners: We, the Trustees of the Roanoke City School Board, strongly support Roanoke City Public Schools' rezoning request for the Preston Park Elementary School property. The plan presented to you meets national learning environment and school safety standards, improves traffic flow, creates more synergy with our City Parks and Recreation Department, and ensures continuity of learning during construction. It also reduces costs to assure responsible fiscal stewardship for Roanoke taxpayers. Here, we highlight some of the reasons supporting our position. We recognize the importance of the 2040 Plan as a guiding document, but we ask you to consider that schools have additional specialized requirements to ensure a safe learning environment. The Code of Virginia, § 22.1-140, requires that all school construction projects involve professionals with expertise in building security and crime prevention through building design. Crime Prevention Through Environmental Design, or CPTED, principles meet this standard and inform our plan. As a result, the submitted design encourages the public use of civic spaces and playgrounds while deterring crime and decreasing the likelihood of harm to our students. The School Board is charged with ensuring a safe, secure, and positive learning environment. Our students, outside of school hours, are the responsibility of their parents and guardians. However, during school hours we are entrusted with their care. We take this responsibility seriously and believe the plan presented with the rezoning request for Preston Park Elementary provides the safest environment and optimizes student learning. Placing the school 20-40 feet from the street, as suggested, reduces staff reaction time in emergency situations. For example, should an elementary school child run from the building (which does happen), our plan increases the distance and time to mitigate the danger inherently posed by the street. P: (540) 853-1655 i P. 0. Box 13145 Roanoke, VA 24031 l www.rcps.info .411; oanoke Office of the School Board it PUBLIC • Eli C.S. Jamison, Ph.D., Chair • Joyce W. Watkins, Vice Chair SCHOOLS Franny Apel • Diane M. Casola • Mark K. Cathey Michael L. Cherry, II • Natasha N. Saunders In addition to increasing student safety, placing Preston Park Elementary further back on this property provides cost savings and includes amenities such as sports fields and playgrounds that will benefit the entire community. These outcomes align with the strategic objectives of the Roanoke City Public Schools strategic plan and the City of Roanoke's 2040 Plan. Finally, with the proposed plan, students will remain in their current school building during construction. Should the rezoning be denied, students would likely need to be moved to other schools or a modular location during the multi-year construction process. Busing students to other schools would cause a ripple effect that will ultimately impact thousands of RCPS students, families, and staff and disrupt learning environments across the division. We urge you to recommend approval of this rezoning so, together, we can provide our students with the best education possible. Thank you for your time and consideration of this important matter. Sincerely, Roanoke City School Board: • 1 I cr--n Chair— Dr. Eli C. S.lama on Mark K. Cathey Vice-Chair—Joke W. Watkins Michael L. Cherry II Rranpy Apel Natasha N. Saunders ( J7 / Diane M. Casola P: (540) 853-1655 i P. 0. Box 13145 Roanoke, VA 24031 1 www.rcps.info The Roanoke Times Account Number Roanoke,Virginia 6007932 Affidavit of Publication Date CITY OF ROANOKE-CLERKS OFFICE August 08,2023 Attn Cecelia Webb 215 CHURCH AVE SW ROOM 456 ROANOKE,VA 24011 Date Category Description Ad Size Total Cost 08/10/2023 Meetings and Events PUBLIC HEARING NOTICE 2 x 7.25 IN 2,447.25 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 was published in said newspapers on the following dates: 08/01,08/08/2023 The First insertion being given ... 08/01/2023 Newspaper reference: 0001436123 Billing Re resen iv Sworn to and subscribed before a this 8th Day of August 2023 Notary Public State of Virginia Richard A.Hundley County of Hanover Notary Public My Commission expires Commonwealth r.inia Notary Registration No.7904041 Commission Exp.Jan 31,2024 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU 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. 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 https://roanokeva.gov/2019/Commissions or may be obtained digitally by emailing planning@roanokeva.gov. If you are a person with a disability who needs accommodations for any public hearings advertised herein,please contact the City Clerk's Office, (540)853-2541,by noon, August 11, 2023. Cecelia F. McCoy, CMC, City Clerk The City of Roanoke Planning Commission will hold a public hearing on August 14, 2023, at 1:30 p.m., or as soon thereafter as the matters may be heard,to consider the following matters. All persons wishing to address the Planning Commission must sign-up with the Secretary to the Planning Commission by emailing planning@roanokeva.gov or by calling(540)853-1330 by noon, August 9, 2023. Written comments of interested persons will be received by the Secretary to the Planning Commission at planning@roanokeva.gov by noon, August 9, 2023. Application by School Board of the City of Roanoke to rezone property located at 3142 Preston Avenue NW, Official Tax Map No. 2100501,from IN, Institutional 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 land use categories permitted in INPUD include residential; accommodations and group living; commercial; industrial; assembly and entertainment;public, institutional and community; transportation; utility; agricultural; and accessory, with a maximum density as specified on the development plan for the district. The comprehensive plan designates the property for natural space/open space/recreation/agriculture use. The proposed use is educational facilities, elementary/middle/secondary and other uses as noted on the PUD plan. Application by Keri and Justin vanBiaricom to rezone a portion of property located at 2424 Brambleton Avenue SW,Official Tax Map No. 1470301,from ROS,Recreation and Open Space District,to MXPUD, Mixed Use Planned Unit Development District, subject to the Development Plan that specifies uses,location of buildings and infrastructure, site access, and building design. The land use categories permitted in MXPUD include residential; accommodations and group living; commercial; industrial; warehousing and distribution; assembly and entertainment; public, institutional and community; transportation;utility; agricultural; and accessory,with a maximum density as specified on the development plan for the district. The comprehensive plan designates the property for natural space/open space/recreation/agriculture use.The proposed use is an eating establishment and other uses as noted on the PUD plan. A request by the City of Roanoke to consider an amendment to City Plan 2040,the city's comprehensive plan,to vacate the public use of a portion of Fishburn Park and to release the public's right to use such portion of Fishburn Park,being an approximately 1.1 acre portion of city-owned property located at 2424 Brambleton Avenue SW, Official Tax Map No. 1470301, and re-adopting and ratifying previous amendments to City Plan 2040, the city's comprehensive plan. Tina M. Carr, Secretary, City Planning Commission City Council will hold a public hearing on the aforesaid matters on Monday, August 21,2023,at 7:00 p.m., or as soon thereafter as the matters may be heard,in the City Council Chamber, Fourth Floor,Room 450,Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke,Virginia. All persons wishing to address City Council may sign-up online at www.roanokeva.gov/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 noon on August 21, 2023. 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 provides interpretation at no cost for all public meetings,upon request. If you would like to request an interpreter,please let us know at least 24 hours in advance by calling(540) 853-1283. La Ciudad de Roanoke proporciona interpretacion sin costo por todas citas publicas, previa solicitud. Si usted desea solicitar un interprete,haganoslo saber con al menos 24 horas de antelacion por llamar(540) 853-1283. Jiji la Roanoke linatoa huduma ya ukalimani bila malipo katika mikutano yote ya umma, inapoombwa. Iwapo ungependa kuomba mkalimani,tafadhali tujulishe angalau saa 24 kabla kwa kupiga simu(540) 853-1283. : ..,19i�1•V J,L fi1 ��li �°�L�,sl)�LoAti"I jl eay au ja uss'c�°s.oc"L.4 aqa L,1 4".��s �' �s }1`49'9>)6-:" .4)13-(1��y,.s iJ LA(540) 853-1283 �34t°JU 1-1.r":1 6:!..)1.31 Li m 24 1 Ls►La. jt.ay Please publish in newspaper on Tuesday, August 1, 2023, and Tuesday, August 8, 2023. Please bill and send affidavit of publication by USPS and via email to: Tina M. Carr Secretary to the Planning Commission Planning,Building, & Development City of Roanoke Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 170 Roanoke, VA 24011 540/853-1730 tina.carr@roanokeva.gov Please send affidavit of publication to: Cecelia F. McCoy, CMC, City Clerk 215 Church Avenue SW, Suite 456 Noel C. Taylor Municipal Building Roanoke, Virginia 24011-1536 540/853-2541 susie.mccoy@roanokeva.gov w r.= '" CITY OF ROANOKE A ►- OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Room 456 Roanoke,Virginia 24011-1536 Telephone:(540)853-2541 Fax:(540)853-1145 E-mail: clerk@roanokeva.gov CECELIA F.MCCOY,CMC CECELIA T.WEBB,CMC City Clerk Deputy City Clerk RUTH VISUETE PEREZ August 3, 2023 Assistant Deputy City Clerk Keri And Justin VanBlaricom 917 Carrington Avenue S.W. Roanoke, VA 24015 Dear Mr. & Mrs. VanBlaricom: A public hearing has been advertised to be heard by the City Planning Commission on Monday, August 14, 2023 at 1:30 p.m. in the City Council Chamber, fourth floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, in regard to an application by Keri and Justin VanBlaricom to rezone a portion of property located at 2424 Brambleton Avenue SW, Official Tax Map No. 1470301, from ROS, Recreation and Open Space District, to MXPUD, Mixed Use Planned Unit Development District, subject to the Development Plan that specifies uses, location of buildings and infrastructure, site access, and building design. (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, August 21, 2023 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, August 14, 2023. 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, (intAy Cecelia F. McCoy, CMC City Clerk Enclosure c: Tina Carr, Secretary to the City Planning Commission Angela O'Brien, Assistant City Manager 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.MCCOY,CMC E-mail: clerkCroanokeva.gov CECELIA T.WEBB,CMC City Clerk Deputy City Clerk August 3, 2023 RUTH VISUETE PEREZ g Assistant Deputy City Clerk Dear Ladies and Gentlemen: A public hearing has been advertised to be heard by the City Planning Commission on Monday, August 14, 2023 at 1:30 p.m. in regard to a request by Keri and Justin VanBlaricom to rezone a portion of property located at 2424 Brambleton Avenue SW, Official Tax Map No. 1470301, from ROS, Recreation and Open Space District, to MXPUD, Mixed Use Planned Unit Development District, subject to the Development Plan that specifies uses, location of buildings and infrastructure, site access, and building design (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, August 21, 2023 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, August 14, 2023. This letter is provided for your information as an interested party and/or adjoining property owner. If you have questions regarding the Planning Commission public hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540) 853-1730. Questions regarding the City Council public hearing may be directed to the City Clerk's Office at (540) 853-2541. Sincerely, eetdaL jl Cecelia F. McCoy, CMC City Clerk Enclosure c: Tina Carr, Secretary to the City Planning Commission Adjoining Property Owners and Interested Parties August 3, 2023 Page 2 pc: CITY OF ROANOKE FISHBURN PARK PO BOX 1451 ROANOKE VA 24007 HASKINS RAWLEY A JR 2501 BRAMBLETON AVE SW ROANOKE VA 24015 BIG FISH PROPERTIES LLC 1811 ARLINGTON RD SW ROANOKE VA 24015 HAMPTON STREET PROPERTIES LLC 3726 VERONA TR ROANOKE VA 24018 STAR CITY INVESTMENTS LLC PO BOX 2705 ROANOKE VA 24001 SALISBURY WAYNE D & TOBEY I 2413 BRAMBLETON AVE SW ROANOKE VA 24015 MCGUIRE OWEN W & TATIANA M 2514 BRAMBLETON AVE SW ROANOKE VA 24015 LEFFEL VELDA M LIFE ESTATE 965 EARL OF ESSEX ARCH VIRGINIA BEACH VA 23454 Zoning Amendment Application Department of Planning. Building and Development Room 170,Noel C.Taylor Municipal Building 215 Church Avenue,S.W. ( Click Here to Pant Roanoke,Virginia 24011 Phone: (540)853-1730 Submittal Number: ;Amended Application No.2 .�!'' Filing Date�June 26.20 3 I C_ Regit (selfii 'th1a aPPh):' - E.] Rezoning. Not Otherwise Listed [ ] Amendment of Proffered Conditions [] Rezoning.Conditional rX] Amendment of Planned Unit Development Plan Z Rezoning to Planned Unit Development Li Amendment of Comprehensive Sign Overlay District 0 Establishment of Comprehensive Sign Overlay District Address: 2424 Brambleton Avenue SW,Roanoke,VA 24015(portion only) Official Tax No(s).: 1470301 Existing E Without Conditions Ordinance Zoning- ROS,Recreation and Open Space - ` (_'. With Conditions No(s) (If [_] Planned Unit Development applicable). i — [ ] Without Conditions Proposed Coffee Shop Requested; Zoning: MXPUD,Mixed Use Planned Unit Develop [] With Conditions Land Use. i [) Planned Unit Development — _j Name City of Roanoke li Phone Number: [ 5408531502 Address: 215 Church Avenue SW,Roanoke,VA 2401 l I E-mail 1 ,, �: e,t,Owner`s Si V,,e _ slit iill "I It dFi-t ____ �- — � . Name Keri and Justin vanBlaricom Phone Number[ 5405295888 VA 2401 1 E-mail: 917 Carrington Avenue SW Rc II Address: 917 Carrington Avenue SW Roanoke, _ (k, \i,-..../ ;, ___:,., :_____ H._._ 4 _�ij}fa�rftt��pct ' f b1e} Name ; Angela O'Brien 1 Phone Number- 540.853.2333 Church Avenue SW Suite 364 Roanoke VA 24011 E-mail. 4ngela.obrien@roanokeva.gov Address: 215 `-- i Zoning Amendment Application Checklist The following must be submitted for all applications: 7 Completed application form and checklist. 7 Written narrative explaining the reason for the request. (�7 Metes and bounds description, if applicable, Filing fee. For a rezoning not otherwise listed,the following must also be submitted: h Concept plan meeting the Application Requirements of item'2(c)'in Zoning Amendment Procedures. For a conditional rezoning,the following must also be submitted: i— 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 r 'development plan'if proffered. For a planned unit development,the following must also be submitted: (— Development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance, For a comprehensive sign overlay district,the following must be submitted. iw Comprehensive signage plan meeting the requirements of Section 36.2-336(d)(2)of the City's Zoning Ordinance. For an amendment of proffered conditions,the following must also be submitted: Amended development or concept plan meeting the Application Requirements of item'2(c)'in Zoning Amendment Procedures, if applicable Written proffers to be amended. See the City's Guide to Proffered Conditions. Copy of previously adopted Ordinance. For a planned unit development amendment,the following must also be submitted: 7 Amended development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. Copy of previously adopted Ordinance. For a comprehensive sign overlay amendment,the following must also be submitted: Amended comprehensive signage plan meeting the requirements of Section 36.2-336(d)of the City's Zon ng Ordinance. r Copy of previously adopted Ordinance. For a proposal that requires a traffic impact study be submitted to the City,the following must also be submitted: T A Traffic Impact Study in compliance with Appendix B-2(e)of the City's Zoning Ordinance. For a proposal that requires a traffic impact analysis be submitted to VDOT,the following must also be submitted: (— Cover sheet, Traffic impact analysis Concept plan. (` Proffered conditions, if applicable I— 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 AMENDED APPLICATION NO. 2 FOR REZONING Date: June 26, 2023 Property Address: 2424 Brambleton Avenue SW, Roanoke, VA 24015 Tax Number: 1470301 Applicant: Justin and Keri vanBlaricom 917 Carrington Avenue, SW Roanoke, VA 24015-3817 Existing Zoning: ROS Proposed Zoning: MXPUD Background: The applicants have entered into a contract with the City of Roanoke to purchase a 1.1 acre parcel of Fishburn Park that includes the former caretaker's cottage with the intent to renovate the cottage and operate it as a coffee shop. The sale is contingent on the property being rezoned to MXPUD zoning. Exhibits: • Exhibit One: Amended Development Plan dated June 23, 2023 • Exhibit Two: Amended Survey of parcel to be rezoned dated June 26, 2023 Proposed Improvements to the Property: Approval of this zoning amendment will allow the applicants to renovate the caretaker's cottage into a coffee shop and community gathering place adjacent to the existing Fishburn Park property. The 1.1 acre parcel to be rezoned is not presently well-used by park patrons because the cottage is dangerously dilapidated, making it currently unsafe for public use. The cottage is a one-story wood-framed structure about 1000 sf in size. The circa 1850 original structure appears to have been added onto at least two times. The cottage has been empty for nearly 25 years and is in a badly deteriorated condition. The building needs to be evaluated by a structural engineer as a number of structural deficiencies are readily apparent. Much of the foundation will need to be rebuilt due to deteriorated masonry and/or insect damage and rot, and areas of the siding need replacement. Sections of the porch and interior floors will need to be reinforced to meet commercial load requirements and/or replaced due to rot. The chimneys need repair and a new electrical service is required. The new use as a coffee shop will require the building to be upgraded to meet current building code standards while preserving its exterior appearance as much as possible. A new commercial kitchen meeting Health Department standards will be installed. The electrical and heating and air conditioning systems will be replaced. New interior finishes and lighting to create a pleasant atmosphere for the customers will be installed. Two new toilets will be added to comply with ADA accessibility requirements. For the building exterior and surrounding grounds, the applicants will add a new paved drive largely following the path of the existing overgrown gravel drive. Seven new customer parking spaces, including one ADA-compliant space, will be added as well as a ramped sidewalk to provide handicapped access to the coffee shop. As structurally feasible, the existing porch will be renovated and additional deck areas on several levels will be added to create spacious outdoor seating surrounding the cottage. The proposed improvements include one accessory building, approximately 12'x 16' in size, for storage and to support a future raised-bed community garden nearby. Appropriate screening, landscaping, and buffer yards will be provided in accordance with the City Ordinance standards (Sec. 36.2-642). The applicants intend to keep the wooded areas of their parcel intact, except for the removal of any hazardous dead trees. This renovation is in line with the Grandin Court Neighborhood Plan's (2005) initiative to retain its citizens and improve the livability of the neighborhood. Repurposing this existing building to a coffee shop brings vitality, safety, and an appropriate use to this beautiful historic hillside at the entrance of Fishburn Park. Adherence with MXPUD Design Objectives: The attached development plan illustrates the intended improvements to be made to the property. The planned development meets the MXPUD design objectives listed in Sec.36.2-324 as follows: "(1) Promote efficient use of land and infrastructure through high quality urban design." • The proposed project promotes efficient use of existing land and infrastructure by restoring a long- vacant historic structure and converting it into a coffee shop that will enhance the user experience of the existing park. "(2) Promote a development pattern in harmony with existing development and the objectives of the City's Comprehensive Plan." • The proposed project will harmonize with the existing park by restoring functionality to a vacant existing structure in the park. The proposed coffee shop will bring a new amenity to the park and expand the activities available to park and greenway users. A detailed listing of how it will support the objectives of the Comprehensive Plan is included below. "(3)Permit a compatible mix of commercial and residential uses." • The proposed coffee shop will fit in with the existing park and residential uses in a similar way that the addition of the Green Goat restaurant has enhanced Wasena Park and the neighboring residential area. "(4) Provide safe, efficient access and traffic circulation." • The proposed project will utilize the park's existing commercial entrance and internal driveways rather than create a new commercial entrance. The proposed project will not connect to the adjoining residential streets and create additional traffic on them. "(5)Create opportunities to use new technologies in managing the quantity and quality of stormwater." Stormwater management strategies such as harvesting the roof's rainwater runoff and permeable paving will be utilized to minimize the negative effects of stormwater runoff. Low Impact Development design techniques will be utilized as they are feasible. "(6) Encourage the preservation of steep slopes, floodplains, historic structures and areas, and unique, natural, or geographic formations." • The new driveway and parking spaces will follow the route of an existing gravel drive to minimize new grading. The project area is well above the floodplain and will not impact it. The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound. The existing trees on the site will not be negatively affected by the proposed project. Proffered Use Limitations: The applicants grew up in southwest Roanoke City and reside there with their three children. As they value the concerns of the neighbors and the neighborhood association members, and desire to add value to the neighborhood culture that already exists, they voluntarily proffer to restrict the uses of the property as listed below and as shown on the Development Plan. The 1.1 acre parcel will be divided into two areas. The southeastern 0.6 acre portion of the site will be designated as Area A, as shown on the Development Plan. MXPUD permitted uses on Area A will be limited as a voluntary proffer to the uses listed below: • Office, general or professional • Community market • Bakery, confectionary, or similar food production • Retail • Club, lodge, civic, or social organization • Community center • Eating establishment abutting a residential district • Eating and drinking establishment abutting a residential district • Meeting hall • Artist studio • Community garden • Accessory uses, not otherwise listed. The northwestern 0.5 acre portion of the site will be designated as Area B, as shown on the Development Plan. Permitted uses on Area B will be limited as a voluntary proffer to the uses listed below: • Park or Playground • Botanical Garden or Arboretum • Community Market with no permanent structures • Community garden • Accessory uses, not otherwise listed. Adherence with the Comprehensive Plan and the Grandin Court Neighborhood Plan: The proposed project supports the following City Plan 2040 recommendations: • Economic Development, Category 2: (page 25) o Using existing resources and networks to grow small businesses. o Investing in underutilized corridors and areas to create job training and employment opportunities close to or within our complete neighborhoods. • Harmony with Nature Priorities: (pages 61 and 63) o Policy 2: Preserving and reusing a historic building also preserves and reuses the embodied energy of the building. o Policy 4: Increasing opportunities for the community to interact with its natural surroundings improves mental health and wellbeing. • Livable Built Environment Priorities: (page 81) o Policy 1: Create and maintain well-defined public spaces that provide places for people to interact face-to-face; encouraging activities that bring people together in neighborhood centers. o Policy 3: Promote partnerships to assist in the development of park spaces. • Land Use Priorities: (page 113) o Policy 1: Promote compatibility of different land uses through building design, building orientation, and thoughtful arrangement of accessory uses on the site. o Policy 2: Encourage active, productive uses of land and preclude unproductive uses of land. • Urban Neighborhoods Character Districts: (page 143) o Shared open spaces such as parks and plazas are provided as extended living spaces for residents. o Well-designed historic buildings should be preserved and should be used to inform new development. The proposed project supports the following Grandin Court Neighborhood Plan Quality of Life recommendations: • Maintain and enhance the recreation, parks and open spaces. • Preserve wooded areas. In conclusion, we believe that our request for this zoning amendment is consistent with the land use patterns of the Grandin Court Neighborhood, directly improving the residential, village center, and open and wooded park spaces already in place and that our project will have a positive impact on the park and the surrounding neighborhood. We respectfully request your support of our application. 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C _ N O = a) a) �—co C C 0> C as N a>i �' m Y c N m c a� Ty) c'i x x o ,� a ❑ ° c F c c - p x c c c ,l N 0 �' �( °' c E E E O - > ? c• -° h N a w ai c m m e O 0 � ° E O E c L ni - c x ❑ 2 m 0 w ec rx w .2 O - O W O.H as Q V U V Q J = C 6 Q 2 a N c cc cc 11 N N 2 Ri a) ❑ O J z 9 (V .. d D X X — M N I� Q 2 O LL O z A. .O a = a U U U ❑ z z a 2 2o ® NnunanhlcrxI _ � - O O — N Cecelia Webb From: Ruth Visuete Perez Sent: Wednesday, August 9, 2023 8:18 AM To: Cecelia Webb Subject: FW: [EXTERNAL] Rezoning the Fishburn Cottage From: Roni Sutton <ronibluebrickbuilding@gmail.com> Sent:Tuesday, August 8, 2023 5:24 PM To: Katharine Gray<Katharine.Gray@RoanokeVa.gov>; Emily Clark<emily.clark@roanokeva.gov>; PlanningBldDev planning<planning@roanokeva.gov>; City Clerk<City.Clerk@roanokeva.gov>; Mayor<mayor@roanokeva.gov>; Sherman Lea <sherman.lea@roanokeva.gov>;Trish White-Boyd <trish.white-boyd@roanokeva.gov>;Joseph L. Cobb <joseph.cobb@roanokeva.gov>; Luke Priddy<luke.priddy@roanokeva.gov>; Peter Volosin <peter.volosin@roanokeva.gov>; Vivian Sanchez-Jones<vivian.sanchez-jones@roanokeva.gov>; Stephanie Moon <stephanie.moon@roanokeva.gov> Subject: [EXTERNAL] Rezoning the Fishburn Cottage CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Dear members of the Roanoke City Zoning Board: I am writing to you today regarding the updated rezoning application submitted by the vanBlaricoms for the existing Caretakers Cottage at Fishburn Park. I am a Class A contractor whose company specializes in historic renovations. We have renovated many historic homes in the City of Roanoke as well as Botetourt and Bedford Counties. My own home is pre-Civil War era. Upon review of the amended application, two items became apparent rather quickly. 1. The application is not significantly different from the one that City Council voted against a few months ago. It does not address the issues that City Council identified. 2. The following statement: "The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound." is problematic. The building is currently not structurally sound. It can be made structurally sound with proper renovation, so it is certainly salvageable. Semantically, though, if this sentence is left as is, once the real estate closing has completed, the new owners or subsequent owners could make the case that it is not structurally sound and choose to demolish the building. Until now, the whole premise of the project was to save and repurpose an historic building. There's nothing in this application that protects the historic building from being destroyed and another building being built in its place. Should this happen, the public would have lost access to valuable parkland and an historic building for only $10 and the developers would have gained valuable commercial property worth hundreds of thousands of dollars. The Parks and Recreation Advisory Board and the Roanoke Valley Preservation Foundation both object to the sale of the land and house. There are government and non-profit organizations that support salvaging historic buildings in public parks that the applicants wouldn't be eligible for except for the standard historic credits for a registered building. I ask that you please consider denying the amendment. i Sincerely, Veronica Sutton President Blue Brick Building and Renovations, Inc. 2 Cecelia Webb From: Ruth Visuete Perez Sent: Tuesday, August 15, 2023 8:22 AM To: Cecelia Webb Subject: FW: [EXTERNAL] Please reject the application to rezone Fishburn Park From:Stair Calhoun <info@email.actionnetwork.org> Sent: Monday,August 14, 2023 5:52 PM To: City Clerk<City.Clerk@roanokeva.gov> Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and Council Members, Please reject the application to rezone Fishburn Park. The application does not match the intention of the contract or the amendment to restore an historic building into a coffee shop. The current zoning application added this clause: "The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound. The existing trees on the site will not be negatively affected by the proposed project." The Economic Development Department denied a request by the neighborhood to show members of council the house in 2018 because the building wasn't safe. Recently, a Class A contractor sent a statement to the Planning Commission that while the building wasn't structurally sound, it was salvageable and could be restored. The drawing for the project shows a wrap around deck where a large mature tree currently is. The zoning application specifies a commercial kitchen and two ADA bathrooms when a coffee shop only needs a warming kitchen and one ADA bathroom. The application also specifies that there could be an eating establishment as well as an eating and drinking establishment which would allow a restaurant and bar instead of a coffee shop. 1 Duane Nealon (retired member, American Institute of Certified Planners) submitted a detailed comparison between Wasena Park and the Green Goat that a part of the Wasena commercial district and how a commercial enterprise in Fishburn Park is iINCONSISTENT with the surrounding residential part of the neighborhood because there no other commercial businesses near it. ADDITIONALLY, a professional licensed soil scientist who was hired to do an on-site evaluation discovered the proposed parking lot is too close to the Fishburn Park property line. The conclusion was that: "parking lot stormwater runoff would not have anything to prevent erosive water from leaving the separate property and onto its neighbor, Fishburn Park. The problem with more water flowing into fill material-soil is that it can become heavy-wet-unstable and slip down the hill...That defies Erosion and Sediment Control Regulations which do not allow erosive water and sediment onto neighbor's land." ! Please protect Fishburn Park by denying this application. Sincerely, Stair Calhoun networkvirginiagmail.com 3539 Half Moon Circle Falls Church, Virginia 22044 2 Cecelia Webb From: Ruth Visuete Perez Sent: Tuesday, August 15, 2023 12:55 PM To: Cecelia Webb Subject: FW: [EXTERNAL] Please reject the application to rezone Fishburn Park From: Bill Niemand <info@email.actionnetwork.org> Sent:Tuesday,August 15, 2023 12:09 PM To:City Clerk<City.Clerk@roanokeva.gov> Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and Council Members: Please reject the application to rezone Fishburn Park. The application does not match the intention of the contract or the amendment to restore an historic building into a coffee shop. The current zoning application added this clause: "The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound. The existing trees on the site will not be negatively affected by the proposed project." The Economic Development Department denied a request by the neighborhood to show members of council the house in 2018 because the building wasn't safe. Recently, a Class A contractor sent a statement to the Planning Commission that while the building wasn't structurally sound, it was salvageable and could be restored. The drawing for the project shows a wrap around deck where a large mature tree currently is. The zoning application specifies a commercial kitchen and two ADA bathrooms when a coffee shop only needs a warming kitchen and one ADA bathroom. The application also specifies that there could be an eating establishment as well as an eating and drinking establishment which would allow a restaurant and bar instead of a coffee shop. 1 Duane Nealon (retired member, American Institute of Certified Planners) submitted a detailed comparison between Wasena Park and the Green Goat that a part of the Wasena commercial district and how a commercial enterprise in Fishburn Park is INCONSISTENT with the surrounding residential part of the neighborhood because there no other commercial businesses near it. ADDITIONALLY, a professional licensed soil scientist who was hired to do an on-site evaluation discovered the proposed parking lot is too close to the Fishburn Park property line. The conclusion was that: "parking lot stormwater runoff would not have anything to prevent erosive water from leaving the separate property and onto its neighbor, Fishburn Park. The problem with more water flowing into fill material-soil is that it can become heavy-wet-unstable and slip down the hill...That defies Erosion and Sediment Control Regulations which do not allow erosive water and sediment onto neighbor's land." ! Please protect Fishburn Park by denying this application. Sincerely, Bill Niemand wdniemand(kyahoo.com 9069 Gotham Street Downey , California 90241 2 Cecelia Webb From: Ruth Visuete Perez Sent: Tuesday, August 15, 2023 12:55 PM To: Cecelia Webb Subject: FW: [EXTERNAL] Please reject the application to rezone Fishburn Park From: Zoe Ramsel <info@email.actionnetwork.org> Sent:Tuesday,August 15, 2023 12:09 PM To: City Clerk<City.Clerk@roanokeva.gov> Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and Council Members, Please reject the application to rezone Fishburn Park. The application does not match the intention of the contract or the amendment to restore an historic building into a coffee shop. The current zoning application added this clause: "The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound. The existing trees on the site will not be negatively affected by the proposed project." The Economic Development Department denied a request by the neighborhood to show members of council the house in 2018 because the building wasn't safe. Recently, a Class A contractor sent a statement to the Planning Commission that while the building wasn't structurally sound, it was salvageable and could be restored. The drawing for the project shows a wrap around deck where a large mature tree currently is. The zoning application specifies a commercial kitchen and two ADA bathrooms when a coffee shop only needs a warming kitchen and one ADA bathroom. The application also specifies that there could be an eating establishment as well as an eating and drinking establishment which would allow a restaurant and bar instead of a coffee shop. 1 Duane Nealon (retired member, American Institute of Certified Planners) submitted a detailed comparison between Wasena Park and the Green Goat that a part of the Wasena commercial district and how a commercial enterprise in Fishburn Park is INCONSISTENT with the surrounding residential part of the neighborhood because there no other commercial businesses near it. ADDITIONALLY, a professional licensed soil scientist who was hired to do an on-site evaluation discovered the proposed parking lot is too close to the Fishburn Park property line. The conclusion was that: "parking lot stormwater runoff would not have anything to prevent erosive water from leaving the separate property and onto its neighbor, Fishburn Park. The problem with more water flowing into fill material-soil is that it can become heavy-wet-unstable and slip down the hill...That defies Erosion and Sediment Control Regulations which do not allow erosive water and sediment onto neighbor's land." ! Please protect Fishburn Park by denying this application. Sincerely, Zoe Ramsel Zoe Ramsel zramsel(a�gmail.com 11327 Aristotle Dr#309 Fairfax , Virginia 22030 2 Cecelia Webb From: Ruth Visuete Perez Sent: Tuesday, August 15, 2023 12:55 PM To: Cecelia Webb Subject: FW: [EXTERNAL] Please reject the application to rezone Fishburn Park From: Carlisle Levine<info@email.actionnetwork.org> Sent:Tuesday,August 15, 2023 12:12 PM To: City Clerk<City.Clerk@roanokeva.gov> Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and Council Members, Please reject the application to rezone Fishburn Park. The application does not match the intention of the contract or the amendment to restore an historic building into a coffee shop. The current zoning application added this clause: "The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound. The existing trees on the site will not be negatively affected by the proposed project." The Economic Development Department denied a request by the neighborhood to show members of council the house in 2018 because the building wasn't safe. Recently, a Class A contractor sent a statement to the Planning Commission that while the building wasn't structurally sound, it was salvageable and could be restored. The drawing for the project shows a wrap around deck where a large mature tree currently is. The zoning application specifies a commercial kitchen and two ADA bathrooms when a coffee shop only needs a warming kitchen and one ADA bathroom. The application also specifies that there could be an eating establishment as well as an eating and drinking establishment which would allow a restaurant and bar instead of a coffee shop. i Duane Nealon (retired member, American Institute of Certified Planners) submitted a detailed comparison between Wasena Park and the Green Goat that a part of the Wasena commercial district and how a commercial enterprise in Fishburn Park is INCONSISTENT with the surrounding residential part of the neighborhood because there no other commercial businesses near it. ADDITIONALLY, a professional licensed soil scientist who was hired to do an on-site evaluation discovered the proposed parking lot is too close to the Fishburn Park property line. The conclusion was that: "parking lot stormwater runoff would not have anything to prevent erosive water from leaving the separate property and onto its neighbor, Fishburn Park. The problem with more water flowing into fill material-soil is that it can become heavy-wet-unstable and slip down the hill...That defies Erosion and Sediment Control Regulations which do not allow erosive water and sediment onto neighbor's land." ! Please protect Fishburn Park by denying this application. Sincerely, Carlisle Levine carlisle.levine(c�gmail.com 627 S Garfield St. Arlington, Virginia 22204 2 Cecelia Webb From: Ruth Visuete Perez Sent: Tuesday, August 15, 2023 12:56 PM To: Cecelia Webb Subject: FW: [EXTERNAL] Please reject the application to rezone Fishburn Park From:Jeffrey Person <info@email.actionnetwork.org> Sent:Tuesday,August 15, 2023 12:13 PM To:City Clerk<City.Clerk@roanokeva.gov> Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and Council Members, Please reject the application to rezone Fishburn Park. The application does not match the intention of the contract or the amendment to restore an historic building into a coffee shop. The current zoning application added this clause: "The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound. The existing trees on the site will not be negatively affected by the proposed project." The Economic Development Department denied a request by the neighborhood to show members of council the house in 2018 because the building wasn't safe. Recently, a Class A contractor sent a statement to the Planning Commission that while the building wasn't structurally sound, it was salvageable and could be restored. The drawing for the project shows a wrap around deck where a large mature tree currently is. The zoning application specifies a commercial kitchen and two ADA bathrooms when a coffee shop only needs a warming kitchen and one ADA bathroom. The application also specifies that there could be an eating establishment as well as an eating and drinking establishment which would allow a restaurant and bar instead of a coffee shop. i Duane Nealon (retired member, American Institute of Certified Planners) submitted a detailed comparison between Wasena Park and the Green Goat that a part of the Wasena commercial district and how a commercial enterprise in Fishburn Park is INCONSISTENT with the surrounding residential part of the neighborhood because there no other commercial businesses near it. ADDITIONALLY, a professional licensed soil scientist who was hired to do an on-site evaluation discovered the proposed parking lot is too close to the Fishburn Park property line. The conclusion was that: "parking lot stormwater runoff would not have anything to prevent erosive water from leaving the separate property and onto its neighbor, Fishburn Park. The problem with more water flowing into fill material-soil is that it can become heavy-wet-unstable and slip down the hill...That defies Erosion and Sediment Control Regulations which do not allow erosive water and sediment onto neighbor's land." ! Please protect Fishburn Park by denying this application. Sincerely, Jeffrey Person ieff.prsn(a�gmail.com 513 West Broad Street, Apt. 204 Falls Church, Virginia 22046 2 Cecelia Webb From: Ruth Visuete Perez Sent: Tuesday, August 15, 2023 12:56 PM To: Cecelia Webb Subject: FW: [EXTERNAL] Please reject the application to rezone Fishburn Park From: Barbara Hazelett<info@email.actionnetwork.org> Sent:Tuesday,August 15,2023 12:17 PM To: City Clerk<City.Clerk@roanokeva.gov> Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and Council Members, Please reject the application to rezone Fishburn Park. The application does not match the intention of the contract or the amendment to restore an historic building into a coffee shop. The current zoning application added this clause: "The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound. The existing trees on the site will not be negatively affected by the proposed project." The Economic Development Department denied a request by the neighborhood to show members of council the house in 2018 because the building wasn't safe. Recently, a Class A contractor sent a statement to the Planning Commission that while the building wasn't structurally sound, it was salvageable and could be restored. The drawing for the project shows a wrap around deck where a large mature tree currently is. The zoning application specifies a commercial kitchen and two ADA bathrooms when a coffee shop only needs a warming kitchen and one ADA bathroom. The application also specifies that there could be an eating establishment as well as an eating and drinking establishment which would allow a restaurant and bar instead of a coffee shop. Duane Nealon (retired member, American Institute of Certified Planners) submitted a detailed comparison between Wasena Park and the Green Goat that a part of the Wasena commercial district and how a commercial enterprise in Fishburn Park is INCONSISTENT with the surrounding residential part of the neighborhood because there no other commercial businesses near it. ADDITIONALLY, a professional licensed soil scientist who was hired to do an on-site evaluation discovered the proposed parking lot is too close to the Fishburn Park property line. The conclusion was that: "parking lot stormwater runoff would not have anything to prevent erosive water from leaving the separate property and onto its neighbor, Fishburn Park. The problem with more water flowing into fill material-soil is that it can become heavy-wet-unstable and slip down the hill...That defies Erosion and Sediment Control Regulations which do not allow erosive water and sediment onto neighbor's land." ! Please protect Fishburn Park by denying this application. Sincerely, Barbara Hazelett hazelettb(a�verizon.net 2879 SUTTON OAKS LN VIENNA, Virginia 22181 2 Cecelia Webb From: Ruth Visuete Perez Sent: Tuesday, August 15, 2023 12:56 PM To: Cecelia Webb Subject: FW: [EXTERNAL] Please reject the application to rezone Fishburn Park From: Helen Weber<jweber1789@charter.net> Sent:Tuesday,August 15,2023 12:24 PM To: City Clerk<City.Clerk@roanokeva.gov> Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and Council Members, Please reject the application to rezone Fishburn Park. The application does not match the intention of the contract or the amendment to restore an historic building into a coffee shop. The current zoning application added this clause: "The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound. The existing trees on the site will not be negatively affected by the proposed project." The Economic Development Department denied a request by the neighborhood to show members of council the house in 2018 because the building wasn't safe. Recently, a Class A contractor sent a statement to the Planning Commission that while the building wasn't structurally sound, it was salvageable and could be restored. The drawing for the project shows a wrap around deck where a large mature tree currently is. The zoning application specifies a commercial kitchen and two ADA bathrooms when a coffee shop only needs a warming kitchen and one ADA bathroom. The application also specifies that there could be an eating establishment as well as an eating and drinking establishment which would allow a restaurant and bar instead of a coffee shop. i Duane Nealon (retired member, American Institute of Certified Planners) submitted a detailed comparison between Wasena Park and the Green Goat that a part of the Wasena commercial district and how a commercial enterprise in Fishburn Park is INCONSISTENT with the surrounding residential part of the neighborhood because there no other commercial businesses near it. ADDITIONALLY, a professional licensed soil scientist who was hired to do an on-site evaluation discovered the proposed parking lot is too close to the Fishburn Park property line. The conclusion was that: "parking lot stormwater runoff would not have anything to prevent erosive water from leaving the separate property and onto its neighbor, Fishburn Park. The problem with more water flowing into fill material-soil is that it can become heavy-wet-unstable and slip down the hill...That defies Erosion and Sediment Control Regulations which do not allow erosive water and sediment onto neighbor's land." ! Please protect Fishburn Park by denying this application. Sincerely, Helen Weber jweber1789(charter.net 3213 Shelter Cove Ct Suffolk, Virginia 23435 2 Cecelia Webb From: Ruth Visuete Perez Sent: Tuesday, August 15, 2023 12:56 PM To: Cecelia Webb Subject: FW: [EXTERNAL] Fishburn Park - Reject Rezoning From: Martha Ellett<info@email.actionnetwork.org> Sent:Tuesday,August 15, 2023 12:36 PM To: City Clerk<City.Clerk@roanokeva.gov> Subject: [EXTERNAL] Fishburn Park- Reject Rezoning CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and Council Members, Public parks in Virginia are a precious and valuable resource as was brought home to all during the pandemic. Public parks create and preserve communities and are needed now more than ever. Please vote NO and reject the application before you proposing to rezone Fishburn Park. Approval would allow harmful stormwater runoff in Fishburn Park which goes against Erosion and Sediment Control Regulations that do not allow erosive water and sediment onto neighbor's land. Please protect Fishburn Park by denying this application. Sincerely, Martha Ellett Martha Ellett marthaellett@gmail.com 14 W Chapman St Alexandria, Virginia 22301 1 Cecelia Webb From: Ruth Visuete Perez Sent: Tuesday, August 15, 2023 12:56 PM To: Cecelia Webb Subject: FW: [EXTERNAL] Please reject the application to rezone Fishburn Park From: Megan Lengel <info@email.actionnetwork.org> Sent:Tuesday, August 15, 2023 12:39 PM To:City Clerk<City.Clerk@roanokeva.gov> Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and Council Members, Please reject the application to rezone Fishburn Park. The application does not match the intention of the contract or the amendment to restore an historic building into a coffee shop. The current zoning application added this clause: "The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound. The existing trees on the site will not be negatively affected by the proposed project." The Economic Development Department denied a request by the neighborhood to show members of council the house in 2018 because the building wasn't safe. Recently, a Class A contractor sent a statement to the Planning Commission that while the building wasn't structurally sound, it was salvageable and could be restored. The drawing for the project shows a wrap around deck where a large mature tree currently is. The zoning application specifies a commercial kitchen and two ADA bathrooms when a coffee shop only needs a warming kitchen and one ADA bathroom. The application also specifies that there could be an eating establishment as well as an eating and drinking establishment which would allow a restaurant and bar instead of a coffee shop. i Duane Nealon (retired member, American Institute of Certified Planners) submitted a detailed comparison between Wasena Park and the Green Goat that a part of the Wasena commercial district and how a commercial enterprise in Fishburn Park is INCONSISTENT with the surrounding residential part of the neighborhood because there no other commercial businesses near it. ADDITIONALLY, a professional licensed soil scientist who was hired to do an on-site evaluation discovered the proposed parking lot is too close to the Fishburn Park property line. The conclusion was that: "parking lot stormwater runoff would not have anything to prevent erosive water from leaving the separate property and onto its neighbor, Fishburn Park. The problem with more water flowing into fill material-soil is that it can become heavy-wet-unstable and slip down the hill...That defies Erosion and Sediment Control Regulations which do not allow erosive water and sediment onto neighbor's land." ! Please protect Fishburn Park by denying this application. Sincerely, Megan Lengel meggerscheeseballna hotmail.com 104 W Franklin St Richmond , Virginia 23220 2 Cecelia Webb From: Ruth Visuete Perez Sent: Tuesday, August 15, 2023 12:57 PM To: Cecelia Webb Subject: FW: [EXTERNAL] Please reject the application to rezone Fishburn Park From: Dana Barakat<info@email.actionnetwork.org> Sent:Tuesday,August 15,2023 11:57 AM To: City Clerk<City.Clerk@roanokeva.gov> Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and Council Members, Please reject the application to rezone Fishburn Park. The application does not match the intention of the contract or the amendment to restore an historic building into a coffee shop. The current zoning application added this clause: "The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound. The existing trees on the site will not be negatively affected by the proposed project." The Economic Development Department denied a request by the neighborhood to show members of council the house in 2018 because the building wasn't safe. Recently, a Class A contractor sent a statement to the Planning Commission that while the building wasn't structurally sound, it was salvageable and could be restored. The drawing for the project shows a wrap around deck where a large mature tree currently is. The zoning application specifies a commercial kitchen and two ADA bathrooms when a coffee shop only needs a warming kitchen and one ADA bathroom. The application also specifies that there could be an eating establishment as well as an eating and drinking establishment which would allow a restaurant and bar instead of a coffee shop. i Duane Nealon (retired member, American Institute of Certified Planners) submitted a detailed comparison between Wasena Park and the Green Goat that a part of the Wasena commercial district and how a commercial enterprise in Fishburn Park is INCONSISTENT with the surrounding residential part of the neighborhood because there no other commercial businesses near it. ADDITIONALLY, a professional licensed soil scientist who was hired to do an on-site evaluation discovered the proposed parking lot is too close to the Fishburn Park property line. The conclusion was that: "parking lot stormwater runoff would not have anything to prevent erosive water from leaving the separate property and onto its neighbor, Fishburn Park. The problem with more water flowing into fill material-soil is that it can become heavy-wet-unstable and slip down the hill...That defies Erosion and Sediment Control Regulations which do not allow erosive water and sediment onto neighbor's land." ! Please protect Fishburn Park by denying this application. Sincerely, Dana Barakat danabarakat0l( gmail.com 6551 dearborn Drive Falls Church, Virginia 22044 2 Cecelia Webb From: Ruth Visuete Perez Sent: Tuesday, August 15, 2023 12:57 PM To: Cecelia Webb Subject: FW: [EXTERNAL] Please reject the application to rezone Fishburn Park From: Susan Kaufman <info@email.actionnetwork.org> Sent:Tuesday,August 15, 2023 11:57 AM To:City Clerk<City.Clerk@roanokeva.gov> Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and Council Members, Please reject the application to rezone Fishburn Park. The application does not match the intention of the contract or the amendment to restore an historic building into a coffee shop. These are exactly the type of amenities that enticed me to leave Virginia for the City of Philadelphia. The current zoning application added this clause: "The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound. The existing trees on the site will not be negatively affected by the proposed project." The Economic Development Department denied a request by the neighborhood to show members of council the house in 2018 because the building wasn't safe. Recently, a Class A contractor sent a statement to the Planning Commission that while the building wasn't structurally sound, it was salvageable and could be restored. The drawing for the project shows a wrap around deck where a large mature tree currently is. The zoning application specifies a commercial kitchen and two ADA bathrooms when a coffee shop only needs a warming kitchen and one ADA bathroom. The application also specifies that there could be an i eating establishment as well as an eating and drinking establishment which would allow a restaurant and bar instead of a coffee shop. Duane Nealon (retired member, American Institute of Certified Planners) submitted a detailed comparison between Wasena Park and the Green Goat that a part of the Wasena commercial district and how a commercial enterprise in Fishburn Park is INCONSISTENT with the surrounding residential part of the neighborhood because there no other commercial businesses near it. ADDITIONALLY, a professional licensed soil scientist who was hired to do an on-site evaluation discovered the proposed parking lot is too close to the Fishburn Park property line. The conclusion was that: "parking lot stormwater runoff would not have anything to prevent erosive water from leaving the separate property and onto its neighbor, Fishburn Park. The problem with more water flowing into fill material-soil is that it can become heavy-wet-unstable and slip down the hill...That defies Erosion and Sediment Control Regulations which do not allow erosive water and sediment onto neighbor's land." ! Please protect Fishburn Park by denying this application. Sincerely, Susan Kaufman sfkaufmanme.com 305 Wadsworth Avenue Philadelphia, Pennsylvania 19119 2 Cecelia Webb From: Ruth Visuete Perez Sent: Tuesday, August 15, 2023 12:57 PM To: Cecelia Webb Subject: FW: [EXTERNAL] Please vote No on resining Fishburn Park! From: Sue Lyon<info@email.actionnetwork.org> Sent:Tuesday, August 15, 2023 12:57 PM To: City Clerk<City.Clerk@roanokeva.gov> Subject: [EXTERNAL] Please vote No on resining Fishburn Park! CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and Council Members, Please reject the application to rezone Fishburn Park. Run-off waters from the proposed development will hurt the park. And we need as many green spaces as possible for our physical and mental health! Please protect the park by denying this development application. Thank you! Sincerely, Sue Lyon seeskynow(a�gmail.com 401 Hull PI Rockville, Maryland 20852 i Cecelia Webb From: Ruth Visuete Perez Sent: Tuesday, August 15, 2023 3:04 PM To: Cecelia Webb Subject: FW: [EXTERNAL] Please reject the application to rezone Fishburn Park From:Amy Conley<info@email.actionnetwork.org> Sent:Tuesday,August 15,2023 1:27 PM To: City Clerk<City.Clerk@roanokeva.gov> Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and Council Members, Please reject the application to rezone Fishburn Park. The application does not match the intention of the contract or the amendment to restore an historic building into a coffee shop. The current zoning application added this clause: "The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound. The existing trees on the site will not be negatively affected by the proposed project." The Economic Development Department denied a request by the neighborhood to show members of council the house in 2018 because the building wasn't safe. Recently, a Class A contractor sent a statement to the Planning Commission that while the building wasn't structurally sound, it was salvageable and could be restored. The drawing for the project shows a wrap around deck where a large mature tree currently is. The zoning application specifies a commercial kitchen and two ADA bathrooms when a coffee shop only needs a warming kitchen and one ADA bathroom. The application also specifies that there could be an eating establishment as well as an eating and drinking establishment which would allow a restaurant and bar instead of a coffee shop. 1 Duane Nealon (retired member, American Institute of Certified Planners) submitted a detailed comparison between Wasena Park and the Green Goat that a part of the Wasena commercial district and how a commercial enterprise in Fishburn Park is INCONSISTENT with the surrounding residential part of the neighborhood because there no other commercial businesses near it. ADDITIONALLY, a professional licensed soil scientist who was hired to do an on-site evaluation discovered the proposed parking lot is too close to the Fishburn Park property line. The conclusion was that: "parking lot stormwater runoff would not have anything to prevent erosive water from leaving the separate property and onto its neighbor, Fishburn Park. The problem with more water flowing into fill material-soil is that it can become heavy-wet-unstable and slip down the hill...That defies Erosion and Sediment Control Regulations which do not allow erosive water and sediment onto neighbor's land." ! Please protect Fishburn Park by denying this application. Sincerely, Amy Conley amidee01(a�gmail.com 2500 North Van Dorn Street, 426 Alexandria, Virginia 22302 2 Cecelia Webb From: Ruth Visuete Perez Sent: Tuesday, August 15, 2023 3:04 PM To: Cecelia Webb Subject: FW: [EXTERNAL] Please reject the application to rezone Fishburn Park From: Denis Orsinger<info@email.actionnetwork.org> Sent:Tuesday,August 15,2023 1:31 PM To: City Clerk<City.Clerk@roanokeva.gov> Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and Council Members, Please reject the application to rezone Fishburn Park. The application does not match the intention of the contract or the amendment to restore an historic building into a coffee shop. The current zoning application added this clause: "The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound. The existing trees on the site will not be negatively affected by the proposed project." The Economic Development Department denied a request by the neighborhood to show members of council the house in 2018 because the building wasn't safe. Recently, a Class A contractor sent a statement to the Planning Commission that while the building wasn't structurally sound, it was salvageable and could be restored. The drawing for the project shows a wrap around deck where a large mature tree currently is. The zoning application specifies a commercial kitchen and two ADA bathrooms when a coffee shop only needs a warming kitchen and one ADA bathroom. The application also specifies that there could be an eating establishment as well as an eating and drinking establishment which would allow a restaurant and bar instead of a coffee shop. Duane Nealon (retired member, American Institute of Certified Planners) submitted a detailed comparison between Wasena Park and the Green Goat that a part of the Wasena commercial district and how a commercial enterprise in Fishburn Park is INCONSISTENT with the surrounding residential part of the neighborhood because there no other commercial businesses near it. ADDITIONALLY, a professional licensed soil scientist who was hired to do an on-site evaluation discovered the proposed parking lot is too close to the Fishburn Park property line. The conclusion was that: "parking lot stormwater runoff would not have anything to prevent erosive water from leaving the separate property and onto its neighbor, Fishburn Park. The problem with more water flowing into fill material-soil is that it can become heavy-wet-unstable and slip down the hill...That defies Erosion and Sediment Control Regulations which do not allow erosive water and sediment onto neighbor's land." ! Please protect Fishburn Park by denying this application. Sincerely, Denis Orsinger, Vienna VA Denis Orsinger denis4bluevaAgmail.corn 408 Plum St Vienna, Virginia 22180-6324 2 Cecelia Webb From: Ruth Visuete Perez Sent: Tuesday, August 15, 2023 3:05 PM To: Cecelia Webb Subject: FW: [EXTERNAL] Please reject the application to rezone Fishburn Park From: Mary de la Fe<info@email.actionnetwork.org> Sent:Tuesday,August 15, 2023 2:09 PM To: City Clerk<City.Clerk@roanokeva.gov> Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and Council Members, Please reject the application to rezone Fishburn Park. The application does not match the intention of the contract or the amendment to restore an historic building into a coffee shop. The current zoning application added this clause: "The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound. The existing trees on the site will not be negatively affected by the proposed project." The Economic Development Department denied a request by the neighborhood to show members of council the house in 2018 because the building wasn't safe. Recently, a Class A contractor sent a statement to the Planning Commission that while the building wasn't structurally sound, it was salvageable and could be restored. The drawing for the project shows a wrap around deck where a large mature tree currently is. The zoning application specifies a commercial kitchen and two ADA bathrooms when a coffee shop only needs a warming kitchen and one ADA bathroom. The application also specifies that there could be an eating establishment as well as an eating and drinking establishment which would allow a restaurant and bar instead of a coffee shop. i Duane Nealon (retired member, American Institute of Certified Planners) submitted a detailed comparison between Wasena Park and the Green Goat that a part of the Wasena commercial district and how a commercial enterprise in Fishburn Park is INCONSISTENT with the surrounding residential part of the neighborhood because there no other commercial businesses near it. ADDITIONALLY, a professional licensed soil scientist who was hired to do an on-site evaluation discovered the proposed parking lot is too close to the Fishburn Park property line. The conclusion was that: "parking lot stormwater runoff would not have anything to prevent erosive water from leaving the separate property and onto its neighbor, Fishburn Park. The problem with more water flowing into fill material-soil is that it can become heavy-wet-unstable and slip down the hill...That defies Erosion and Sediment Control Regulations which do not allow erosive water and sediment onto neighbor's land." ! Please protect Fishburn Park by denying this application. Sincerely, Mary de la Fe Mary de la Fe ma rydelafe69(a�gmail.com 1534 NORTHGATE SQ APT 2 Reston, Virginia 20190 2 Cecelia Webb From: Ruth Visuete Perez Sent: Tuesday, August 15, 2023 3:05 PM To: Cecelia Webb Subject: FW: [EXTERNAL] Please reject the application to rezone Fishburn Park From: Ellen Bowman<info@email.actionnetwork.org> Sent:Tuesday,August 15, 2023 2:26 PM To: City Clerk<City.Clerk@roanokeva.gov> Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and Council Members, Please reject the application to rezone Fishburn Park. The application does not match the intention of the contract or the amendment to restore an historic building into a coffee shop. The current zoning application added this clause: "The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound. The existing trees on the site will not be negatively affected by the proposed project." The Economic Development Department denied a request by the neighborhood to show members of council the house in 2018 because the building wasn't safe. Recently, a Class A contractor sent a statement to the Planning Commission that while the building wasn't structurally sound, it was salvageable and could be restored. The drawing for the project shows a wrap around deck where a large mature tree currently is. The zoning application specifies a commercial kitchen and two ADA bathrooms when a coffee shop only needs a warming kitchen and one ADA bathroom. The application also specifies that there could be an eating establishment as well as an eating and drinking establishment which would allow a restaurant and bar instead of a coffee shop. 1 Duane Nealon (retired member, American Institute of Certified Planners) submitted a detailed comparison between Wasena Park and the Green Goat that a part of the Wasena commercial district and how a commercial enterprise in Fishburn Park is INCONSISTENT with the surrounding residential part of the neighborhood because there no other commercial businesses near it. ADDITIONALLY, a professional licensed soil scientist who was hired to do an on-site evaluation discovered the proposed parking lot is too close to the Fishburn Park property line. The conclusion was that: "parking lot stormwater runoff would not have anything to prevent erosive water from leaving the separate property and onto its neighbor, Fishburn Park. The problem with more water flowing into fill material-soil is that it can become heavy-wet-unstable and slip down the hill...That defies Erosion and Sediment Control Regulations which do not allow erosive water and sediment onto neighbor's land." ! Please protect Fishburn Park by denying this application. Sincerely, Ellen Bowman ellen.simonson(c�gmail.com 401 Holland Lane Apt 406 Alexandria, Virginia 22314 2 Cecelia Webb From: Ruth Visuete Perez Sent: Tuesday, August 15, 2023 3:05 PM To: Cecelia Webb Subject: FW: [EXTERNAL] Please reject the application to rezone Fishburn Park From: Bethany Mott<info@email.actionnetwork.org> Sent:Tuesday,August 15, 2023 2:51 PM To:City Clerk<City.Clerk@roanokeva.gov> Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and Council Members, Please reject the application to rezone Fishburn Park. The application does not match the intention of the contract or the amendment to restore an historic building into a coffee shop. The current zoning application added this clause: "The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound. The existing trees on the site will not be negatively affected by the proposed project." The Economic Development Department denied a request by the neighborhood to show members of council the house in 2018 because the building wasn't safe. Recently, a Class A contractor sent a statement to the Planning Commission that while the building wasn't structurally sound, it was salvageable and could be restored. The drawing for the project shows a wrap around deck where a large mature tree currently is. The zoning application specifies a commercial kitchen and two ADA bathrooms when a coffee shop only needs a warming kitchen and one ADA bathroom. The application also specifies that there could be an eating establishment as well as an eating and drinking establishment which would allow a restaurant and bar instead of a coffee shop. 1 Duane Nealon (retired member, American Institute of Certified Planners) submitted a detailed comparison between Wasena Park and the Green Goat that a part of the Wasena commercial district and how a commercial enterprise in Fishburn Park is INCONSISTENT with the surrounding residential part of the neighborhood because there no other commercial businesses near it. ADDITIONALLY, a professional licensed soil scientist who was hired to do an on-site evaluation discovered the proposed parking lot is too close to the Fishburn Park property line. The conclusion was that: "parking lot stormwater runoff would not have anything to prevent erosive water from leaving the separate property and onto its neighbor, Fishburn Park. The problem with more water flowing into fill material-soil is that it can become heavy-wet-unstable and slip down the hill...That defies Erosion and Sediment Control Regulations which do not allow erosive water and sediment onto neighbor's land." i Please protect Fishburn Park by denying this application. Sincerely, Bethany Mott bethanymottAgmail.com 229 Greenacre Hill Lane NE Check, Virginia 24072 2 Cecelia Webb From: Ruth Visuete Perez Sent: Tuesday, August 15, 2023 3:06 PM To: Cecelia Webb Subject: FW: [EXTERNAL] Please reject the application to rezone Fishburn Park From: Winnie Kang<info@email.actionnetwork.org> Sent:Tuesday,August 15, 2023 2:56 PM To: City Clerk<City.Clerk@roanokeva.gov> Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and Council Members, Please reject the application to rezone Fishburn Park. The application does not match the intention of the contract or the amendment to restore an historic building into a coffee shop. The current zoning application added this clause: "The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound. The existing trees on the site will not be negatively affected by the proposed project." The Economic Development Department denied a request by the neighborhood to show members of council the house in 2018 because the building wasn't safe. Recently, a Class A contractor sent a statement to the Planning Commission that while the building wasn't structurally sound, it was salvageable and could be restored. The drawing for the project shows a wrap around deck where a large mature tree currently is. The zoning application specifies a commercial kitchen and two ADA bathrooms when a coffee shop only needs a warming kitchen and one ADA bathroom. The application also specifies that there could be an eating establishment as well as an eating and drinking establishment which would allow a restaurant and bar instead of a coffee shop. 1 Duane Nealon (retired member, American Institute of Certified Planners) submitted a detailed comparison between Wasena Park and the Green Goat that a part of the Wasena commercial district and how a commercial enterprise in Fishburn Park is INCONSISTENT with the surrounding residential part of the neighborhood because there no other commercial businesses near it. ADDITIONALLY, a professional licensed soil scientist who was hired to do an on-site evaluation discovered the proposed parking lot is too close to the Fishburn Park property line. The conclusion was that: "parking lot stormwater runoff would not have anything to prevent erosive water from leaving the separate property and onto its neighbor, Fishburn Park. The problem with more water flowing into fill material-soil is that it can become heavy-wet-unstable and slip down the hill...That defies Erosion and Sediment Control Regulations which do not allow erosive water and sediment onto neighbor's land." ! Please protect Fishburn Park by denying this application. Sincerely, Harriet Hirsch harrietjeanhirsch(a�gmail.com 711 Massey Lane, Unit A Alexandria, Virginia 22314 2 Cecelia Webb From: Ruth Visuete Perez Sent: Wednesday, August 16, 2023 8:27 AM To: Cecelia Webb Subject: FW: [EXTERNAL] Please reject the application to rezone Fishburn Park From: Lucy Dale <info@email.actionnetwork.org> Sent: Wednesday,August 16, 2023 3:36 AM To: City Clerk<City.Clerk@roanokeva.gov> Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and Council Members, Please reject the application to rezone Fishburn Park. The application does not match the intention of the contract or the amendment to restore an historic building into a coffee shop. The current zoning application added this clause: `The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound. The existing trees on the site will not be negatively affected by the proposed project." The Economic Development Department denied a request by the neighborhood to show members of council the house in 2018 because the building wasn't safe. Recently, a Class A contractor sent a statement to the Planning Commission that while the building wasn't structurally sound, it was salvageable and could be restored. The drawing for the project shows a wrap around deck where a large mature tree currently is. The zoning application specifies a commercial kitchen and two ADA bathrooms when a coffee shop only needs a warming kitchen and one ADA bathroom. The application also specifies that there could be an eating establishment as well as an eating and drinking establishment which would allow a restaurant and bar instead of a coffee shop. 1 Duane Nealon (retired member, American Institute of Certified Planners) submitted a detailed comparison between Wasena Park and the Green Goat that a part of the Wasena commercial district and how a commercial enterprise in Fishburn Park is INCONSISTENT with the surrounding residential part of the neighborhood because there no other commercial businesses near it. ADDITIONALLY, a professional licensed soil scientist who was hired to do an on-site evaluation discovered the proposed parking lot is too close to the Fishburn Park property line. The conclusion was that: "parking lot stormwater runoff would not have anything to prevent erosive water from leaving the separate property and onto its neighbor, Fishburn Park. The problem with more water flowing into fill material-soil is that it can become heavy-wet-unstable and slip down the hill...That defies Erosion and Sediment Control Regulations which do not allow erosive water and sediment onto neighbor's land." ! Please protect Fishburn Park by denying this application. Sincerely, Lucy Dale lucym.dale14qmail.com 5701 N 25th St Arlington, Virginia 22207 2 Cecelia Webb From: Ruth Visuete Perez Sent: Wednesday, August 16, 2023 8:27 AM To: Cecelia Webb Subject: FW: [EXTERNAL] Please reject the application to rezone Fishburn Park From: Kathy Beery<info@email.actionnetwork.org> Sent:Wednesday, August 16, 2023 8:26 AM To: City Clerk<City.Clerk@roanokeva.gov> Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and Council Members, Please reject the application to rezone Fishburn Park. The application does not match the intention of the contract or the amendment to restore an historic building into a coffee shop. The current zoning application added this clause: "The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound. The existing trees on the site will not be negatively affected by the proposed project." The Economic Development Department denied a request by the neighborhood to show members of council the house in 2018 because the building wasn't safe. Recently, a Class A contractor sent a statement to the Planning Commission that while the building wasn't structurally sound, it was salvageable and could be restored. The drawing for the project shows a wrap around deck where a large mature tree currently is. The zoning application specifies a commercial kitchen and two ADA bathrooms when a coffee shop only needs a warming kitchen and one ADA bathroom. The application also specifies that there could be an eating establishment as well as an eating and drinking establishment which would allow a restaurant and bar instead of a coffee shop. 1 Duane Nealon (retired member, American Institute of Certified Planners) submitted a detailed comparison between Wasena Park and the Green Goat that a part of the Wasena commercial district and how a commercial enterprise in Fishburn Park is INCONSISTENT with the surrounding residential part of the neighborhood because there no other commercial businesses near it. ADDITIONALLY, a professional licensed soil scientist who was hired to do an on-site evaluation discovered the proposed parking lot is too close to the Fishburn Park property line. The conclusion was that: "parking lot stormwater runoff would not have anything to prevent erosive water from leaving the separate property and onto its neighbor, Fishburn Park. The problem with more water flowing into fill material-soil is that it can become heavy-wet-unstable and slip down the hill...That defies Erosion and Sediment Control Regulations which do not allow erosive water and sediment onto neighbor's land." ! Please protect Fishburn Park by denying this application. Sincerely, Natalie Baumeister nataliebaumeisterl 0(a�gmail.com 3313 Stoneybrae Dr. Falls Church, Virginia 22044 2 Ruth Visuete Perez From: Kathleen Kinsey <yesnik2@cox.net> Sent: Tuesday, August 22, 2023 11:00 AM To: City Clerk Subject: [EXTERNAL] STOP THIS! These are OUR public lands! Please reject the application to rezone Fishburn Park CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and Council Members, Please reject the application to rezone Fishburn Park. The application does not match the intention of the contract or the amendment to restore an historic building into a coffee shop. The current zoning application added this clause: "The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound. The existing trees on the site will not be negatively affected by the proposed project." The Economic Development Department denied a request by the neighborhood to show members of council the house in 2018 because the building wasn't safe. Recently, a Class A contractor sent a statement to the Planning Commission that while the building wasn't structurally sound, it was salvageable and could be restored. The drawing for the project shows a wrap around deck where a large mature tree currently is. The zoning application specifies a commercial kitchen and two ADA bathrooms when a coffee shop only needs a warming kitchen and one ADA bathroom. The application also specifies that there could be an eating establishment as well as an eating and drinking establishment which would allow a restaurant and bar instead of a coffee shop. Duane Nealon (retired member, American Institute of Certified Planners) submitted a detailed comparison between Wasena Park and the Green Goat that a part of the Wasena commercial district and how a commercial enterprise in Fishburn Park is INCONSISTENT with the surrounding residential part of the neighborhood because there no other commercial businesses near it. 1 ADDITIONALLY, a professional licensed soil scientist who was hired to do an on-site evaluation discovered the proposed parking lot is too close to the Fishburn Park property line. The conclusion was that: "parking lot stormwater runoff would not have anything to prevent erosive water from leaving the separate property and onto its neighbor, Fishburn Park. The problem with more water flowing into fill material-soil is that it can become heavy-wet-unstable and slip down the hill...That defies Erosion and Sediment Control Regulations which do not allow erosive water and sediment onto neighbor's land." ! Please protect Fishburn Park by denying this application. Sincerely, Kathleen Kinsey yesnik2@cox.net 2230 Sewell Ln SW Roanoke, Virginia 24015-3734 2 Ruth Visuete Perez From: Walter Moore <wemskm@live.com> Sent: Tuesday, August 22, 2023 4:32 PM To: City Clerk Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION:This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and Council Members, Please reject the application to rezone Fishburn Park.The application does not match the intention of the contract or the amendment to restore an historic building into a coffee shop. The current zoning application added this clause: "The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound.The existing trees on the site will not be negatively affected by the proposed project." The Economic Development Department denied a request by the neighborhood to show members of council the house in 2018 because the building wasn't safe. Recently, a Class A contractor sent a statement to the Planning Commission that while the building wasn't structurally sound, it was salvageable and could be restored.The drawing for the project shows a wrap around deck where a large mature tree currently is.The zoning application specifies a commercial kitchen and two ADA bathrooms when a coffee shop only needs a warming kitchen and one ADA bathroom.The application also specifies that there could be an eating establishment as well as an eating and drinking establishment which would allow a restaurant and bar instead of a coffee shop. Duane Nealon (retired member,American Institute of Certified Planners) submitted a detailed comparison between Wasena Park and the Green Goat that a part of the Wasena commercial district and how a commercial enterprise in Fishburn Park is INCONSISTENT with the surrounding residential part of the neighborhood because there no other commercial businesses near it. ADDITIONALLY, a professional licensed soil scientist who was hired to do an on-site evaluation discovered the proposed parking lot is too close to the Fishburn Park property line. The conclusion was that: "parking lot stormwater runoff would not have anything to prevent erosive water from leaving the separate property and onto its neighbor, Fishburn Park.The problem with more water flowing into fill material-soil is that it can become heavy-wet-unstable and slip down the hill...That defies Erosion and Sediment Control Regulations which do not allow erosive water and sediment onto neighbor's land." ! Please protect Fishburn Park by denying this application. Sincerely, Walter Moore wemskm@live.com 6107 no name Moseley,Virginia 23130 1 <https://click.actionnetwork.org/ss/o/sKxQ9Tusut-gXiwfMaIEaQ/3yy/dAtJrOQBQpyrp88js63EBA/ho.gif> WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject property, and for those reasons, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that a portion of property located at 2424 Brambleton Avenue, S.W., bearing Official Tax Map No. 1470301, be, and hereby is rezoned from ROS, Recreation and Open Space District, to MXPUD, Mixed Use 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 No. 1 dated June 26, 2023. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. Ruth Visuete Perez From: Rosalee Flood-Walker <info@email.actionnetwork.org> Sent: Wednesday, August 23, 2023 4:00 PM To: City Clerk Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and Council Members, Please reject the application to rezone Fishburn Park. The application does not match the intention of the contract or the amendment to restore an historic building into a coffee shop. The current zoning application added this clause: "The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound. The existing trees on the site will not be negatively affected by the proposed project." The Economic Development Department denied a request by the neighborhood to show members of council the house in 2018 because the building wasn't safe. Recently, a Class A contractor sent a statement to the Planning Commission that while the building wasn't structurally sound, it was salvageable and could be restored. The drawing for the project shows a wrap around deck where a large mature tree currently is. The zoning application specifies a commercial kitchen and two ADA bathrooms when a coffee shop only needs a warming kitchen and one ADA bathroom. The application also specifies that there could be an eating establishment as well as an eating and drinking establishment which would allow a restaurant and bar instead of a coffee shop. Duane Nealon (retired member, American Institute of Certified Planners) submitted a detailed comparison between Wasena Park and the Green Goat that a part of the Wasena commercial district and how a commercial enterprise in Fishburn Park is INCONSISTENT with the surrounding residential part of the neighborhood because there no other commercial businesses near it. 1 ADDITIONALLY, a professional licensed soil scientist who was hired to do an on-site evaluation discovered the proposed parking lot is too close to the Fishburn Park property line. The conclusion was that: "parking lot stormwater runoff would not have anything to prevent erosive water from leaving the separate property and onto its neighbor, Fishburn Park. The problem with more water flowing into fill material-soil is that it can become heavy-wet-unstable and slip down the hill...That defies Erosion and Sediment Control Regulations which do not allow erosive water and sediment onto neighbor's land." ! Please protect Fishburn Park by denying this application. Sincerely, Rosalee Flood-Walker rdswann1@gmail.com 1730 Melrose Ave NW Roanoke, Virginia 24017 2 Ruth Visuete Perez From: Dian Tapscott <info@email.actionnetwork.org> Sent: Monday, August 28, 2023 11:00 PM To: City Clerk Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and members of the Roanoke City Council, Please reverse your approval for the rezoning of Fishburn Park. Your legal counsel didn't give you complete information before you made your decision. The house isn't protected from being demolished and restoring the house was the purpose in giving away the 1.1 acres of parkland. The zoning application you approved had this new clause that was added: —The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound." Tim Spencer, Roanoke City's lawyer, dismissed the public's concerns about protecting the house from being demolished by assuring council that the house could only be destroyed if council approved it. How does the City handle derelict structures? https://roanokeva.qscend.com/311/knowledgebase/article/573 "In addition to posting the notice on the structure, the Inspector will also mail a "Notice of Unsafe Structure" to the property owner within one to two days of the original inspection indicating the date by which all violations must be corrected or by which the building must be demolished, and the consequences if the owner does not comply." It doesn't look like council could deny a request from the vanBlaricoms to demolish the house if it's structurally unsound based on local and state codes for derelict structures. If the council tried to deny their request then the city would probably lose in court. Since there's no legal remedy specified in the contract to return the land to the city, if they demolish the house then it i would be too late after the closing to ask them to return the land. They would have legally obtained the parkland and there's no obligation to return it. Based on the passed zoning application, the house could be demolished and the vanBlaricoms would have the legal right to build an "eating and drinking establishment" which the zoning ordinance defines as being able to sell alcohol on the premises, hence a restaurant/bar. The city didn't send out a call for proposals on the house and property to give the public the opportunity to bid on the property. On the same day council approved the Fishburn Park rezoning, a half acre commercial lot on the same road sold after two months for$425,000 at the listing price. The property's tax assessment value is $330,000. There were two other parties vying to purchase the property and the real estate agent said that was because there weren't many opportunities to purchase commercial real estate in that popular area. The city has given an unfair advantage to purchase valuable commercial real estate for only $10 without protecting the public's interest in restoring an historic house. If you don't reverse your vote then you will be responsible for giving away the public's wealth to benefit the personal wealth of a couple without giving other people the opportunity to bid on the property and to restore the historic house. Please reverse your vote and fulfill your duty to protect the public's interest. Sincerely, Dian Tapscott dtapscott9557©aol.com 1019 Sherwood Avenue Roanoke, Virginia 24015 2 Ruth Visuete Perez From: Kathleen Nawaz <info@email.actionnetwork.org> Sent: Tuesday, August 29, 2023 8:23 AM To: City Clerk Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and members of the Roanoke City Council, Please reverse your approval for the rezoning of Fishburn Park. Your legal counsel didn't give you complete information before you made your decision. The house isn't protected from being demolished and restoring the house was the purpose in giving away the 1.1 acres of parkland. The zoning application you approved had this new clause that was added: —The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound." Tim Spencer, Roanoke City's lawyer, dismissed the public's concerns about protecting the house from being demolished by assuring council that the house could only be destroyed if council approved it. How does the City handle derelict structures? https://roanokeva.qscend.com/311/knowledgebase/article/573 "In addition to posting the notice on the structure, the Inspector will also mail a "Notice of Unsafe Structure" to the property owner within one to two days of the original inspection indicating the date by which all violations must be corrected or by which the building must be demolished, and the consequences if the owner does not comply." It doesn't look like council could deny a request from the vanBlaricoms to demolish the house if it's structurally unsound based on local and state codes for derelict structures. If the council tried to deny their request then the city would probably lose in court. Since there's no legal remedy specified in the contract to return the land to the city, if they demolish the house then it 1 would be too late after the closing to ask them to return the land. They would have legally obtained the parkland and there's no obligation to return it. Based on the passed zoning application, the house could be demolished and the vanBlaricoms would have the legal right to build an "eating and drinking establishment" which the zoning ordinance defines as being able to sell alcohol on the premises, hence a restaurant/bar. The city didn't send out a call for proposals on the house and property to give the public the opportunity to bid on the property. On the same day council approved the Fishburn Park rezoning, a half acre commercial lot on the same road sold after two months for$425,000 at the listing price. The property's tax assessment value is $330,000. There were two other parties vying to purchase the property and the real estate agent said that was because there weren't many opportunities to purchase commercial real estate in that popular area. The city has given an unfair advantage to purchase valuable commercial real estate for only $10 without protecting the public's interest in restoring an historic house. If you don't reverse your vote then you will be responsible for giving away the public's wealth to benefit the personal wealth of a couple without giving other people the opportunity to bid on the property and to restore the historic house. Please reverse your vote and fulfill your duty to protect the public's interest. Sincerely, Kathleen Nawaz kathleendnawaz@gmail.com 7109, Elizabeth Dr McLean, Virginia 22101 2 Ruth Visuete Perez From: Deborah Saunders <deborahforjustice@cox.net> Sent: Monday, August 28, 2023 12:35 PM To: City Clerk Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION:This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and members of the Roanoke City Council, Please reverse your approval for the rezoning of Fishburn Park.Your legal counsel didn't give you complete information before you made your decision. The house isn't protected from being demolished and restoring the house was the purpose in giving away the 1.1 acres of parkland. The zoning application you approved had this new clause that was added: "The historic caretaker's cottage,which is badly deteriorated,will be renovated and preserved if found to be structurally sound." Tim Spencer, Roanoke City's lawyer, dismissed the public's concerns about protecting the house from being demolished by assuring council that the house could only be destroyed if council approved it. How does the City handle derelict structures? https://roanokeva.qscend.com/311/knowledgebase/article/573 "In addition to posting the notice on the structure,the Inspector will also mail a "Notice of Unsafe Structure"to the property owner within one to two days of the original inspection indicating the date by which all violations must be corrected or by which the building must be demolished, and the consequences if the owner does not comply." It doesn't look like council could deny a request from the vanBlaricoms to demolish the house if it's structurally unsound based on local and state codes for derelict structures. If the council tried to deny their request then the city would probably lose in court. Since there's no legal remedy specified in the contract to return the land to the city, if they demolish the house then it would be too late after the closing to ask them to return the land. They would have legally obtained the parkland and there's no obligation to return it. Based on the passed zoning application,the house could be demolished and the vanBlaricoms would have the legal right to build an "eating and drinking establishment" which the zoning ordinance defines as being able to sell alcohol on the premises, hence a restaurant/bar. The city didn't send out a call for proposals on the house and property to give the public the opportunity to bid on the property. On the same day council approved the Fishburn Park rezoning, a half acre commercial lot on the same road sold after two months for$425,000 at the listing price.The property's tax assessment value is$330,000.There were two other parties vying to purchase the property and the real estate agent said that was because there weren't many opportunities to purchase commercial real estate in that popular area. The city has given an unfair advantage to purchase valuable commercial real estate for only$10 without protecting the public's interest in restoring an historic house. If you don't reverse your vote then you will be responsible for giving away the public's wealth to benefit the personal wealth of a couple without giving other people the opportunity to bid on the property and to restore the historic house. Please reverse your vote and fulfill your duty to protect the public's interest. 1 Sincerely, Deborah Saunders please resend vote for rezoning Deborah Saunders deborahforjustice@cox.net 6708 stonington Roanoke,VA,Virginia 24019 <https://click.actionnetwork.org/ss/o/sKxQ9Tusut-gXiwfMalEaQ/3z4/y5hGEiUITyWL6i-omfcNDg/ho.gif> 2 Ruth Visuete Perez From: chris warren <info@email.actionnetwork.org> Sent: Monday, August 28, 2023 12:16 PM To: City Clerk Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and members of the Roanoke City Council, Please reverse your approval for the rezoning of Fishburn Park. Your legal counsel didn't give you complete information before you made your decision. The house isn't protected from being demolished and restoring the house was the purpose in giving away the 1.1 acres of parkland. The zoning application you approved had this new clause that was added: —The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound." Tim Spencer, Roanoke City's lawyer, dismissed the public's concerns about protecting the house from being demolished by assuring council that the house could only be destroyed if council approved it. How does the City handle derelict structures? https://roanokeva.qscend.com/311/knowledgebase/article/573 "In addition to posting the notice on the structure, the Inspector will also mail a "Notice of Unsafe Structure" to the property owner within one to two days of the original inspection indicating the date by which all violations must be corrected or by which the building must be demolished, and the consequences if the owner does not comply." It doesn't look like council could deny a request from the vanBlaricoms to demolish the house if it's structurally unsound based on local and state codes for derelict structures. If the council tried to deny their request then the city would probably lose in court. Since there's no legal remedy specified in the contract to return the land to the city, if they demolish the house then it 1 would be too late after the closing to ask them to return the land. They would have legally obtained the parkland and there's no obligation to return it. Based on the passed zoning application, the house could be demolished and the vanBlaricoms would have the legal right to build an "eating and drinking establishment"which the zoning ordinance defines as being able to sell alcohol on the premises, hence a restaurant/bar. The city didn't send out a call for proposals on the house and property to give the public the opportunity to bid on the property. On the same day council approved the Fishburn Park rezoning, a half acre commercial lot on the same road sold after two months for$425,000 at the listing price. The property's tax assessment value is $330,000. There were two other parties vying to purchase the property and the real estate agent said that was because there weren't many opportunities to purchase commercial real estate in that popular area. The city has given an unfair advantage to purchase valuable commercial real estate for only $10 without protecting the public's interest in restoring an historic house. If you don't reverse your vote then you will be responsible for giving away the public's wealth to benefit the personal wealth of a couple without giving other people the opportunity to bid on the property and to restore the historic house. Please reverse your vote and fulfill your duty to protect the public's interest. Sincerely, chris warren chrisko540©yahoo.com 1312 pechin ave SE roanoke, Virginia 24013 2 Cecelia Webb From: Ruth Visuete Perez Sent: Friday, August 18, 2023 8:54 AM To: Cecelia Webb Subject: FW: [EXTERNAL] Freeda Cathcart is a miserable cunt Original Message From: Freeda is a Cunt<info@email.actionnetwork.org> Sent:Thursday,August 17, 2023 9:33 PM To: City Clerk<City.Clerk@roanokeva.gov> Subject: [EXTERNAL] Freeda Cathcart is a miserable cunt CAUTION:This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and Council Members, Freeda Cathcart is a miserable cunt. Please approve the rezoning of the cottage at Fishburn Park. Freeda is a Cunt freedasucks@gmail.com 123 Fake Street Roanoke,Virginia 24015 <https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fur11005.email.actionnetwork.org%2Fss%2Fo%2 FsKxQ9Tusut- gXiwfMalEaQ%2F3yu%2FsgL6kNoJS9m8eW_MTKrYBw%2Fho.gif&data=05%7C01%7CCecelia.Webb%40RoanokeVa.gov% 7Cffb2c2de98974059097a08d b9fea3dea%7C4b5ef942bd404d06a 3df44a d34270d92%7C0%7C0%7C63827960062913546 0%7CUnknown%7CTWFpbGZsb3d8eyJWljoiMC4wLjAwMDAiLCJQIjoiV2luMzliLCJBTil6lklhaWwiLCJXVCl6Mn0%3D%7C30 00%7C%7C%7C&sdata=xTX%2BIZpgmFC1REZmWDeHJbb6cP7i7hX%2Fh6fDL9MIgtQ%3D&reserved=0> 1 Cecelia Webb From: Ruth Visuete Perez Sent: Friday, August 18, 2023 8:55 AM To: Cecelia Webb Subject: FW: [EXTERNAL] Please reject the application to rezone Fishburn Park Original Message From: Cynthia Munley<cmunley@live.com> Sent:Thursday, August 17, 2023 4:47 PM To: City Clerk<City.Clerk@roanokeva.gov> Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION:This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and Council Members, Please reject the application to rezone Fishburn Park.The application does not match the intention of the contract or the amendment to restore an historic building into a coffee shop. The current zoning application added this clause: "The historic caretaker's cottage,which is badly deteriorated, will be renovated and preserved if found to be structurally sound.The existing trees on the site will not be negatively affected by the proposed project." The Economic Development Department denied a request by the neighborhood to show members of council the house in 2018 because the building wasn't safe. Recently, a Class A contractor sent a statement to the Planning Commission that while the building wasn't structurally sound, it was salvageable and could be restored.The drawing for the project shows a wrap around deck where a large mature tree currently is.The zoning application specifies a commercial kitchen and two ADA bathrooms when a coffee shop only needs a warming kitchen and one ADA bathroom.The application also specifies that there could be an eating establishment as well as an eating and drinking establishment which would allow a restaurant and bar instead of a coffee shop. Duane Nealon (retired member, American Institute of Certified Planners) submitted a detailed comparison between Wasena Park and the Green Goat that a part of the Wasena commercial district and how a commercial enterprise in Fishburn Park is INCONSISTENT with the surrounding residential part of the neighborhood because there no other commercial businesses near it. ADDITIONALLY, a professional licensed soil scientist who was hired to do an on-site evaluation discovered the proposed parking lot is too close to the Fishburn Park property line.The conclusion was that: "parking lot stormwater runoff would not have anything to prevent erosive water from leaving the separate property and onto its neighbor, Fishburn Park.The problem with more water flowing into fill material-soil is that it can become heavy-wet-unstable and slip down the hill...That defies Erosion and Sediment Control Regulations which do not allow erosive water and sediment onto neighbor's land." ! Please protect Fishburn Park by denying this application. 1 Sincerely, Cynthia Munley cmunley@live.com 425 Roanoke Boulevard, Salem,VA, USA Salem,Virginia 24153 <https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fclick.actionnetwork.org%2Fss%2Fo%2FsKxQ9Tu s ut- gXiwfMaIEaQ%2F3yt%2FvKhZUeF4SLyxLlq_tld_aA%2Fho.gif&data=05%7C01%7CCecelia.Webb%40RoanokeVa.gov%7C6 bef646fd23f4c205ea708db9fea4422%7C4b5ef942bd404d06a3df44ad34270d92%7C0%7C0%7C638279600734428214%7 CUnknown%7CTWFpbGZsb3d8eyJWljoiMC4wLjAwMDAiLCJQIjoiV21uMz1iLCJBTi161k1haWwiLCJXVC16Mn0%3D%7C3000% 7C%7C%7C&sdata=Ad1X4v%2BtdOwpQTY2ObJiFjxTa%2Fulg0Xor8ggRKUwrIQ%3D&reserved=0> 2 Cecelia Webb From: Ruth Visuete Perez Sent: Friday, August 18, 2023 8:55 AM To: Cecelia Webb Subject: FW: [EXTERNAL] Please reject the application to rezone Fishburn Park Original Message From: Cynthia Munley<cmunley@live.com> Sent:Thursday,August 17, 2023 4:47 PM To: City Clerk<City.Clerk@roanokeva.gov> Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION:This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and Council Members, Please reject the application to rezone Fishburn Park.The application does not match the intention of the contract or the amendment to restore an historic building into a coffee shop. The current zoning application added this clause: "The historic caretaker's cottage, which is badly deteriorated,will be renovated and preserved if found to be structurally sound.The existing trees on the site will not be negatively affected by the proposed project." The Economic Development Department denied a request by the neighborhood to show members of council the house in 2018 because the building wasn't safe. Recently, a Class A contractor sent a statement to the Planning Commission that while the building wasn't structurally sound, it was salvageable and could be restored. The drawing for the project shows a wrap around deck where a large mature tree currently is. The zoning application specifies a commercial kitchen and two ADA bathrooms when a coffee shop only needs a warming kitchen and one ADA bathroom.The application also specifies that there could be an eating establishment as well as an eating and drinking establishment which would allow a restaurant and bar instead of a coffee shop. Duane Nealon (retired member, American Institute of Certified Planners) submitted a detailed comparison between Wasena Park and the Green Goat that a part of the Wasena commercial district and how a commercial enterprise in Fishburn Park is INCONSISTENT with the surrounding residential part of the neighborhood because there no other commercial businesses near it. ADDITIONALLY, a professional licensed soil scientist who was hired to do an on-site evaluation discovered the proposed parking lot is too close to the Fishburn Park property line.The conclusion was that: "parking lot stormwater runoff would not have anything to prevent erosive water from leaving the separate property and onto its neighbor, Fishburn Park.The problem with more water flowing into fill material-soil is that it can become heavy-wet-unstable and slip down the hill...That defies Erosion and Sediment Control Regulations which do not allow erosive water and sediment onto neighbor's land." ! Please protect Fishburn Park by denying this application. 1 Sincerely, Cynthia Munley cmunley@live.com 425 Roanoke Boulevard, Salem, VA, USA Salem, Virginia 24153 <https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fclick.actionnetwork.org%2Fss%2Fo%2FsKxQ9Tu sut- gXiwfMalEaQ%2F3yt%2FvKhZUeF4SLyAlq_tld_aA%2Fho.gif&data=05%7C01%7CCecelia.Webb%40RoanokeVa.gov%7C6 bef646fd23f4c205ea708db9fea4422%7C4b5ef942bd404d06a3df44ad34270d92%7C0%7C0%7C638279600734428214%7 CUnknown%7CTWFpbGZsb3d8eyJWljoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTi161k1haWwiLCJXVCI6Mn0%3D%7C3000% 7C%7C%7C&sdata=Ad1X4v%2BtdOwpQTY2ObJiFjxTa%2FulgOXor8ggRKUwrIQ%3D&reserved=0> 2 Cecelia Webb From: Ruth Visuete Perez Sent: Friday, August 18, 2023 8:55 AM To: Cecelia Webb Subject: FW: [EXTERNAL] Please reject the application to rezone Fishburn Park From: Leon Vinci <info@email.actionnetwork.org> Sent: Friday, August 18, 2023 8:30 AM To: City Clerk<City.Clerk@roanokeva.gov> Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and Council Members, THis is NOT the TIME to rezone Fishburn Park !!! You need to vote "NO". Not only,does the application go-against the stated intention to restore an historic building into a coffee shop, it comes after too many confusing City and State procedural mis-steps. The current zoning application added this clause: "The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved IF found to be structurally sound. The existing trees on the site will not be negatively affected by the proposed project." The Economic Development Department denied a request by the neighborhood to show members of council the house in 2018 because the building wasn't safe. Recently, a Class A contractor sent a statement to the Planning Commission that while the building wasn't structurally sound, it was salvageable and could be restored. The drawing for the project shows a wrap around deck where a large mature tree currently is. The zoning application specifies a commercial kitchen and two ADA bathrooms when a coffee shop only needs a warming kitchen and one ADA bathroom. The application also specifies that there could be an 1 eating establishment as well as an eating and drinking establishment which would allow a restaurant and bar instead of a coffee shop. Duane Nealon (retired member, American Institute of Certified Planners) submitted a detailed comparison between Wasena Park and the Green Goat that a part of the Wasena commercial district and how a commercial enterprise in Fishburn Park is INCONSISTENT with the surrounding residential part of the neighborhood because there no other commercial businesses near it. ADDITIONALLY, a professional licensed soil scientist who was hired to do an on-site evaluation discovered the proposed parking lot is too close to the Fishburn Park property line. The conclusion was that: "parking lot stormwater runoff would not have anything to prevent erosive water from leaving the separate property and onto its neighbor, Fishburn Park. The problem with more water flowing into fill material-soil is that it can become heavy-wet-unstable and slip down the hill...That defies Erosion and Sediment Control Regulations which do not allow erosive water and sediment onto neighbor's land." ! Please protect Fishburn Park by denying this application. Sincerely, Leon Vinci Lfv6aol.com 1912 Arden Rd Roanoke, Virginia 24015 2 Cecelia Webb From: Ruth Visuete Perez Sent: Friday, August 18, 2023 8:55 AM To: Cecelia Webb Subject: FW: [EXTERNAL] Please reject the application to rezone Fishburn Park From:Trudy Obi <info@email.actionnetwork.org> Sent: Friday, August 18, 2023 4:03 AM To: City Clerk<City.Clerk@roanokeva.gov> Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and Council Members, Please reject the application to rezone Fishburn Park. The application does not match the intention of the contract or the amendment to restore an historic building into a coffee shop. The current zoning application added this clause: "The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound. The existing trees on the site will not be negatively affected by the proposed project." The Economic Development Department denied a request by the neighborhood to show members of council the house in 2018 because the building wasn't safe. Recently, a Class A contractor sent a statement to the Planning Commission that while the building wasn't structurally sound, it was salvageable and could be restored. The drawing for the project shows a wrap around deck where a large mature tree currently is. The zoning application specifies a commercial kitchen and two ADA bathrooms when a coffee shop only needs a warming kitchen and one ADA bathroom. The application also specifies that there could be an eating establishment as well as an eating and drinking establishment which would allow a restaurant and bar instead of a coffee shop. 1 Duane Nealon (retired member, American Institute of Certified Planners) submitted a detailed comparison between Wasena Park and the Green Goat that a part of the Wasena commercial district and how a commercial enterprise in Fishburn Park is INCONSISTENT with the surrounding residential part of the neighborhood because there no other commercial businesses near it. ADDITIONALLY, a professional licensed soil scientist who was hired to do an on-site evaluation discovered the proposed parking lot is too close to the Fishburn Park property line. The conclusion was that: "parking lot stormwater runoff would not have anything to prevent erosive water from leaving the separate property and onto its neighbor, Fishburn Park. The problem with more water flowing into fill material-soil is that it can become heavy-wet-unstable and slip down the hill...That defies Erosion and Sediment Control Regulations which do not allow erosive water and sediment onto neighbor's land." ! Please protect Fishburn Park by denying this application. Sincerely, Trudy Obi Trudy Obi trudy.obi(c�gmail.corn 1737 Solano Ave, Apt 211, Apt 211 Berkeley, California 94707 2 Cecelia Webb From: Ruth Visuete Perez Sent: Friday, August 18, 2023 8:56 AM To: Cecelia Webb Subject: FW: [EXTERNAL] Please reject the application to rezone Fishburn Park From:Ann Rogers<info@email.actionnetwork.org> Sent:Thursday, August 17, 2023 8:58 PM To: City Clerk<City.Clerk@roanokeva.gov> Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and Council Members, Please reject the application to rezone Fishburn Park. The application does not match the intention of the contract or the amendment to restore an historic building into a coffee shop. The current zoning application added this clause: "The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound. The existing trees on the site will not be negatively affected by the proposed project." The Economic Development Department denied a request by the neighborhood to show members of council the house in 2018 because the building wasn't safe. Recently, a Class A contractor sent a statement to the Planning Commission that while the building wasn't structurally sound, it was salvageable and could be restored. The drawing for the project shows a wrap around deck where a large mature tree currently is. The zoning application specifies a commercial kitchen and two ADA bathrooms when a coffee shop only needs a warming kitchen and one ADA bathroom. The application also specifies that there could be an eating establishment as well as an eating and drinking establishment which would allow a restaurant and bar instead of a coffee shop. i Duane Nealon (retired member, American Institute of Certified Planners) submitted a detailed comparison between Wasena Park and the Green Goat that a part of the Wasena commercial district and how a commercial enterprise in Fishburn Park is INCONSISTENT with the surrounding residential part of the neighborhood because there no other commercial businesses near it. ADDITIONALLY, a professional licensed soil scientist who was hired to do an on-site evaluation discovered the proposed parking lot is too close to the Fishburn Park property line. The conclusion was that: "parking lot stormwater runoff would not have anything to prevent erosive water from leaving the separate property and onto its neighbor, Fishburn Park. The problem with more water flowing into fill material-soil is that it can become heavy-wet-unstable and slip down the hill...That defies Erosion and Sediment Control Regulations which do not allow erosive water and sediment onto neighbor's land." ! Please protect Fishburn Park by denying this application. Sincerely, Ann Rogers amelvin3(cr�verizon.net 6347 Back Creek Rd. Boones Mill, Virginia 24065 2 Cecelia Webb From: Ruth Visuete Perez Sent: Friday, August 18, 2023 8:56 AM To: Cecelia Webb Subject: FW: [EXTERNAL] Please reject the application to rezone Fishburn Park From: Monica LaFavor<info@email.actionnetwork.org> Sent:Thursday, August 17, 2023 4:48 PM To: City Clerk<City.Clerk@roanokeva.gov> Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and Council Members, Please reject the application to rezone Fishburn Park. The application does not match the intention of the contract or the amendment to restore an historic building into a coffee shop. The current zoning application added this clause: `The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound. The existing trees on the site will not be negatively affected by the proposed project." The Economic Development Department denied a request by the neighborhood to show members of council the house in 2018 because the building wasn't safe. Recently, a Class A contractor sent a statement to the Planning Commission that while the building wasn't structurally sound, it was salvageable and could be restored. The drawing for the project shows a wrap around deck where a large mature tree currently is. The zoning application specifies a commercial kitchen and two ADA bathrooms when a coffee shop only needs a warming kitchen and one ADA bathroom. The application also specifies that there could be an eating establishment as well as an eating and drinking establishment which would allow a restaurant and bar instead of a coffee shop. 1 Duane Nealon (retired member, American Institute of Certified Planners) submitted a detailed comparison between Wasena Park and the Green Goat that a part of the Wasena commercial district and how a commercial enterprise in Fishburn Park is INCONSISTENT with the surrounding residential part of the neighborhood because there no other commercial businesses near it. ADDITIONALLY, a professional licensed soil scientist who was hired to do an on-site evaluation discovered the proposed parking lot is too close to the Fishburn Park property line. The conclusion was that: "parking lot stormwater runoff would not have anything to prevent erosive water from leaving the separate property and onto its neighbor, Fishburn Park. The problem with more water flowing into fill material-soil is that it can become heavy-wet-unstable and slip down the hill...That defies Erosion and Sediment Control Regulations which do not allow erosive water and sediment onto neighbor's land." ! Please protect Fishburn Park by denying this application. Sincerely, Josh and Monica LaFavor Monica LaFavor thelafavorsCa�verizon.net 2509 Sweetbrier Avenue Roanoke, Virginia 24015 2 Cecelia Webb From: Ruth Visuete Perez Sent: Friday, August 18, 2023 11:15 AM To: Cecelia Webb Subject: FW: [EXTERNAL] Fwd: Fishburn Park Coffee house Attachments: Coffee shop anaylis08.15.23.docx From: Suzanne Osborne Osborne <smozanne@gmail.com> Sent: Friday,August 18, 2023 10:17 AM To: City Clerk<City.Clerk@roanokeva.gov> Subject: [EXTERNAL] Fwd: Fishburn Park Coffee house CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. sanchez -jones email keeps bouncing back. please see that she gets this. Forwarded message From: Suzanne Osborne Osborne <smozanneCgmail.com> Date: Wed, Aug 16, 2023 at 10:16 PM Subject: Fishburn Park Coffee house To: <sherman.lea(roanokeva.gov>, <trish.boydwhite(roanokeva.gov>, Joseph L. Cobb <joseph.cobb(roanokeva.gov>, Stephanie Moon Reynolds <msmoon2201 gnnail.com>, Peter Volosin <peter@votevolosin.com>, <vivan.sanchezjones curoanokeva.gov>, <luke.priddy«roanokeva.gov>, Bob Cowell <bob.cowellCroanokeva.gov> As a Certified Financial Planner before my retirement from 30+ years in the world of finance, I felt I should express my concerns about the potential "blow back" on this council and city manager if you proceed in selling this property for $10 without additional safeguards. Let me say, I have no quarrel with there being a coffee shop there. My concern is that the potential new owner is using the value of the land to obtain a loan of$300,000* They will have zero dollars of their own money in this venture which should be very concerning to me and should be to all of you. If they fail in their efforts within the next 10 years, it is my understanding that the city has first right of refusal to purchase the land and improvements. This means that we the taxpayer are on the hook to buy back property we already owned at an undisclosed price - or at least I have seen no information on a buy back price OR the owner hangs on for 10 years + a day and then sells it to a tattoo shop or a fast food eatery, who knows. No matter, I can almost best that there will an outcry from the neighbors and likely the Grandin Court Civic League, of which I am not a member, about the inept handling of this adventure by "the city" On the other hand, if the city does buy it on first right of refusal, you - the council- will be perceived as wasting our tax payer dollars to buy back something we already owned. Furthermore there is no assurance that I have seen or am aware of that the bank/lender will sell it to the city for the balance on the loan; in short they can name the price and the taxpayer could be spending an unknown amount of money. So you are damned if you do and damned if you don't. You don't buy it the community is up in arms, or you do buy it and the taxpayers are outraged. 1 How much revenue is this business projected to generate in RE taxes and sales taxes over next 10 years based on today's rates? Is it going to be worth it if this thing goes south? Have you talked with the lender regarding the length of loan and interest rate? Could you reduce the size of the sale? Seems like an acre is alot for a coffee shop? I am attaching an analysis of coffee shop revenue and expenses for your review. I think you will find it thought provoking. For once I am not taking issue with you but am actually trying to help you possible avoid a very bad situation- fiscally and politically Suzanne Osborne 1702 Blair Rd SW Roanoke, VA 24015 *this is loan amount I have seen in newspaper 2 Cecelia Webb From: Ruth Visuete Perez Sent: Friday, August 18, 2023 1:33 PM To: Cecelia Webb Subject: FW: [EXTERNAL] Please reject the application to rezone Fishburn Park From: Laura Martinez<info@email.actionnetwork.org> Sent: Friday, August 18, 2023 12:26 PM To: City Clerk<City.Clerk@roanokeva.gov> Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and Council Members, Please reject the application to rezone Fishburn Park. The application does not match the intention of the contract or the amendment to restore an historic building into a coffee shop. The current zoning application added this clause: "The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound. The existing trees on the site will not be negatively affected by the proposed project." The Economic Development Department denied a request by the neighborhood to show members of council the house in 2018 because the building wasn't safe. Recently, a Class A contractor sent a statement to the Planning Commission that while the building wasn't structurally sound, it was salvageable and could be restored. The drawing for the project shows a wrap around deck where a large mature tree currently is. The zoning application specifies a commercial kitchen and two ADA bathrooms when a coffee shop only needs a warming kitchen and one ADA bathroom. The application also specifies that there could be an eating establishment as well as an eating and drinking establishment which would allow a restaurant and bar instead of a coffee shop. 1 Duane Nealon (retired member, American Institute of Certified Planners) submitted a detailed comparison between Wasena Park and the Green Goat that a part of the Wasena commercial district and how a commercial enterprise in Fishburn Park is INCONSISTENT with the surrounding residential part of the neighborhood because there no other commercial businesses near it. ADDITIONALLY, a professional licensed soil scientist who was hired to do an on-site evaluation discovered the proposed parking lot is too close to the Fishburn Park property line. The conclusion was that: "parking lot stormwater runoff would not have anything to prevent erosive water from leaving the separate property and onto its neighbor, Fishburn Park. The problem with more water flowing into fill material-soil is that it can become heavy-wet-unstable and slip down the hill...That defies Erosion and Sediment Control Regulations which do not allow erosive water and sediment onto neighbor's land." ! Please protect Fishburn Park by denying this application. Sincerely, Laura Martinez Laura Martinez belfebeyahoo.com 3400 SHERWOOD CT Falls Church, Virginia 22042 2 Cecelia Webb From: Ruth Visuete Perez Sent: Friday, August 18, 2023 1:33 PM To: Cecelia Webb Subject: FW: [EXTERNAL] Please reject the application to rezone Fishburn Park From:Andrea Jackson<info@email.actionnetwork.org> Sent: Friday, August 18, 2023 12:32 PM To: City Clerk<City.Clerk@roanokeva.gov> Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and Council Members, Please reject the application to rezone Fishburn Park. The application does not match the intention of the contract or the amendment to restore an historic building into a coffee shop. The current zoning application added this clause: "The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound. The existing trees on the site will not be negatively affected by the proposed project." The Economic Development Department denied a request by the neighborhood to show members of council the house in 2018 because the building wasn't safe. Recently, a Class A contractor sent a statement to the Planning Commission that while the building wasn't structurally sound, it was salvageable and could be restored. The drawing for the project shows a wrap around deck where a large mature tree currently is. The zoning application specifies a commercial kitchen and two ADA bathrooms when a coffee shop only needs a warming kitchen and one ADA bathroom. The application also specifies that there could be an eating establishment as well as an eating and drinking establishment which would allow a restaurant and bar instead of a coffee shop. 1 Duane Nealon (retired member, American Institute of Certified Planners) submitted a detailed comparison between Wasena Park and the Green Goat that a part of the Wasena commercial district and how a commercial enterprise in Fishburn Park is INCONSISTENT with the surrounding residential part of the neighborhood because there no other commercial businesses near it. ADDITIONALLY, a professional licensed soil scientist who was hired to do an on-site evaluation discovered the proposed parking lot is too close to the Fishburn Park property line. The conclusion was that: "parking lot stormwater runoff would not have anything to prevent erosive water from leaving the separate property and onto its neighbor, Fishburn Park. The problem with more water flowing into fill material-soil is that it can become heavy-wet-unstable and slip down the hill...That defies Erosion and Sediment Control Regulations which do not allow erosive water and sediment onto neighbor's land." I Please protect Fishburn Park by denying this application. Sincerely, Andrea Jackson miss.andrea.n.jackson(a gmail.com 401 Ivanhoe Ave. Waynesboro, VA, Virginia 22980 2 Cecelia Webb From: Ruth Visuete Perez Sent: Friday, August 18, 2023 3:42 PM To: Cecelia Webb Subject: FW: [EXTERNAL] Summary on Fishburn Park rezoning application From: Freeda Cathcart<contactfreeda@gmail.com> Sent: Friday, August 18, 2023 3:37 PM To: City Clerk<City.Clerk@roanokeva.gov>; Mayor<mayor@roanokeva.gov>; Sherman Lea <sherman.lea@roanokeva.gov>; Joseph L. Cobb<joseph.cobb@roanokeva.gov>; Luke Priddy <luke.priddy@roanokeva.gov>; Peter Volosin <petervolosin@roanokeva.gov>; Vivian Sanchez-Jones<vivian.sanchez- jones@roanokeva.gov>; Stephanie Moon <stephanie.moon@roanokeva.gov>;Trish White-Boyd <trish.white- boyd@roanokeva.gov> Subject: [EXTERNAL] Summary on Fishburn Park rezoning application CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. As requested, below is a summary by bullet points. I already sent you a more detailed in depth submission but understand that this summation would be more useful. Thank you for your consideration and please let me know if you have any questions. Sincerely, Freeda Cathcart Soil and Water Conservation District Director representing Roanoke City on the BRSWCD 540-598-7231 Reasons not to approve or table rezoning application: • One BIG Change to rezoning application: • This • new • clause • leaves open the possibility of the house to be destroyed when the whole purpose of giving them so much land was to restore the house: • "The • historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved i • if • found to be structurally sound. • The existing trees on the site will not be negatively • affected by the proposed project." • Recently, a Class A contractor sent a statement to the Planning Commission that while the building wasn't structurally sound, it was salvageable and could be restored. The drawing for the project shows a wrap around deck where a large mature tree currently is. • Otherwise not a significant change from previous application: • Still rezones 1.1 acres MXPUD with voluntary approximate 0.5 ROS but there wasn't any • planned development there in the first application, so no significant change • • Traffic study wasn't conducted and parking issues not resolved and with the reduction • of two spaces this application makes it worse • There's been no environmental study as requested by the Parks and Recreation Advisory • Board. A professional soil scientist did an onsite evaluation and concluded • "parking lot stormwater runoff would not have anything to prevent • erosive water from leaving the separate property and onto its neighbor, Fishburn Park. The problem with more water flowing into fill material-soil is that it can become heavy-wet-unstable and slip down the hill...That • defies Erosion and Sediment Control Regulations which do not allow erosive water and sediment onto a neighbor's land." • • MXPUD uses in this application includes • "eating • and drinking establishment" which is defined in the city code • as allowing "sale • of beer, wine, or other alcoholic beverages for consumption on the premises." • Still has the commercial kitchen and 2 ADA bathrooms which is what's required • for a bar/restaurant and not a coffee shop. A coffee shop only needs a warming kitchen and 1 ADA bathroom. • Suggested changes before application is approved 2 . • The text above in red should be removed from the application • Require an environmental study . • Require a traffic study and public safety study Move the parking lot, except for ADA • space, next to Brambleton Ave. so stormwater runoff will be directed to long riparian buffer and in compliance with state Erosion and Sediment Control Regulations . • Require a conservation easement on the whole undeveloped part of their lot and require • Roanoke City to put a conservation easement on the rest of Fishburn Park to protect it for future generations • • Require an easement for patrons of the park to be able to access the overflow parking • on the upper field without using Clifford (steep, narrow road) . • Move the parking lot, except for ADA space, next to Brambleton Ave. so stormwater runoff • will be directed to long riparian buffer and in compliance with state Erosion and Sediment Control Regulations 3 Cecelia Webb From: Ruth Visuete Perez Sent: Monday, August 21, 2023 8:17 AM To: Cecelia Webb Subject: FW: [EXTERNAL] Please reject the application to rezone Fishburn Park Original Message From: Sharon Mirtaheri<theshasha@comcast.net> Sent: Friday, August 18, 2023 10:36 PM To: City Clerk<City.Clerk@roanokeva.gov> Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION:This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and Council Members, Please reject the application to rezone Fishburn Park.The application does not match the intention of the contract or the amendment to restore an historic building into a coffee shop. The current zoning application added this clause: "The historic caretaker's cottage,which is badly deteriorated, will be renovated and preserved if found to be structurally sound.The existing trees on the site will not be negatively affected by the proposed project." The Economic Development Department denied a request by the neighborhood to show members of council the house in 2018 because the building wasn't safe. Recently, a Class A contractor sent a statement to the Planning Commission that while the building wasn't structurally sound, it was salvageable and could be restored.The drawing for the project shows a wrap around deck where a large mature tree currently is.The zoning application specifies a commercial kitchen and two ADA bathrooms when a coffee shop only needs a warming kitchen and one ADA bathroom.The application also specifies that there could be an eating establishment as well as an eating and drinking establishment which would allow a restaurant and bar instead of a coffee shop. Duane Nealon (retired member,American Institute of Certified Planners) submitted a detailed comparison between Wasena Park and the Green Goat that a part of the Wasena commercial district and how a commercial enterprise in Fishburn Park is INCONSISTENT with the surrounding residential part of the neighborhood because there no other commercial businesses near it. ADDITIONALLY, a professional licensed soil scientist who was hired to do an on-site evaluation discovered the proposed parking lot is too close to the Fishburn Park property line. The conclusion was that: "parking lot stormwater runoff would not have anything to prevent erosive water from leaving the separate property and onto its neighbor, Fishburn Park.The problem with more water flowing into fill material-soil is that it can become heavy-wet-unstable and slip down the hill...That defies Erosion and Sediment Control Regulations which do not allow erosive water and sediment onto neighbor's land." ! Please protect Fishburn Park by denying this application. 1 Sincerely,Sharon Mirtaheri Sharon Mirtaheri theshasha@comcast.net 3616 spring road sw Rianoke, West Virginia 25015 <https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fclick.actionnetwork.org%2Fss%2Fo%2FsKxQ9Tu sut- gXiwfMaIEaQ%2F3yv%2FX10uYCJGQuG3vORSOX55dA%2Fho.gif&data=05%7C01%7CCecelia.Webb%40RoanokeVa.gov%7 Cfd7f86a 130f243fd8f7508dba240777b%7C4b5ef942bd404d06a3df44ad34270d92%7C0%7C0%7C638282170001862154 %7CUnknown%7CTWFpbGZsb3d8ey1WIjoiMC4wLjAwMDAiLCJQIjoiV2luMzliLCJBTi161k1haWwiLCJXVCI6Mn0%3D%7C300 0%7C%7C%7C&sdata=5i NVeCFpBOKCQgkhFN7AkEOUbWZ37N4gWfmwX%2F1WAeo%3D&reserved=0> 2 Cecelia Webb From: Ruth Visuete Perez Sent: Monday, August 21, 2023 8:17 AM To: Cecelia Webb Subject: FW: [EXTERNAL] Please reject the application to rezone Fishburn Park Original Message From: Charlen Cathcart<charlen.1.2@att.net> Sent: Sunday,August 20, 2023 7:14 PM To: City Clerk<City.Clerk@roanokeva.gov> Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION:This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and Council Members, Please reject the application to rezone Fishburn Park.The application does not match the intention of the contract or the amendment to restore an historic building into a coffee shop. The current zoning application added this clause: "The historic caretaker's cottage, which is badly deteriorated,will be renovated and preserved if found to be structurally sound.The existing trees on the site will not be negatively affected by the proposed project." The Economic Development Department denied a request by the neighborhood to show members of council the house in 2018 because the building wasn't safe. Recently, a Class A contractor sent a statement to the Planning Commission that while the building wasn't structurally sound, it was salvageable and could be restored. The drawing for the project shows a wraparound deck where a large mature tree currently is.The zoning application specifies a commercial kitchen and two ADA bathrooms when a coffee shop only needs a warming kitchen and one ADA bathroom.The application also specifies that there could be an eating establishment as well as an eating and drinking establishment which would allow a restaurant and bar instead of a coffee shop. Duane Nealon (retired member, American Institute of Certified Planners) submitted a detailed comparison between Wasena Park and the Green Goat that a part of the Wasena commercial district and how a commercial enterprise in Fishburn Park is INCONSISTENT with the surrounding residential part of the neighborhood because there no other commercial businesses near it. ADDITIONALLY, a professional licensed soil scientist who was hired to do an on-site evaluation discovered the proposed parking lot is too close to the Fishburn Park property line.The conclusion was that: "parking lot stormwater runoff would not have anything to prevent erosive water from leaving the separate property and onto its neighbor, Fishburn Park.The problem with more water flowing into fill material-soil is that it can become heavy-wet-unstable and slip down the hill...That defies Erosion and Sediment Control Regulations which do not allow erosive water and sediment onto neighbor's land."! Please protect Fishburn Park by denying this application. 1 Sincerely, Charlen G. Cathcart Charlen Cathcart charlen.1.2@att.net 53 Surfsong Rd Kiawah Island, South Carolina 29455 <https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fclick.actionnetwork.org%2Fss%2Fo%2FsKxQ9Tu sut- gXiwfMalEaQ%2F3yw%2F2glOpRjM RgefmDcloBrLKw%2Fho.gif&data=05%7C01%7CCecelia.We bb%40RoanokeVa.gov%7 Cea3df50bbda344833ef908dba2407fcc%7C4b5ef942bd404d06a3df44ad34270d92%7C0%7C0%7C638282170120902048 %7CUnknown%7CTWFpbGZsb3d8eyJWljoiMC4wLjAwMDAiLCJQIjoiV2IuMzliLCJBTi161k1haWwiLCJXVC16Mn0%3D%7C300 0%7C%7C%7C&sdata=%2BviYcMUng1Kcfp5Pa0haXUGH%2FJ8y1LigYZOHaGVQBrA%3D&reserved=0> 2 Cecelia Webb From: Ruth Visuete Perez Sent: Monday, August 21, 2023 8:17 AM To: Cecelia Webb Subject: FW: [EXTERNAL] Please reject the application to rezone Fishburn Park Original Message From: Christine Camper<CHRISTINE.CAMPER@GMAIL.COM> Sent: Sunday,August 20, 2023 9:36 PM To: City Clerk<City.Clerk@roanokeva.gov> Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION:This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and Council Members, Please reject the application to rezone Fishburn Park.The application does not match the intention of the contract or the amendment to restore an historic building into a coffee shop. The current zoning application added this clause: "The historic caretaker's cottage, which is badly deteriorated,will be renovated and preserved if found to be structurally sound.The existing trees on the site will not be negatively affected by the proposed project." The Economic Development Department denied a request by the neighborhood to show members of council the house in 2018 because the building wasn't safe. Recently, a Class A contractor sent a statement to the Planning Commission that while the building wasn't structurally sound, it was salvageable and could be restored.The drawing for the project shows a wrap around deck where a large mature tree currently is.The zoning application specifies a commercial kitchen and two ADA bathrooms when a coffee shop only needs a warming kitchen and one ADA bathroom.The application also specifies that there could be an eating establishment as well as an eating and drinking establishment which would allow a restaurant and bar instead of a coffee shop. Duane Nealon (retired member, American Institute of Certified Planners) submitted a detailed comparison between Wasena Park and the Green Goat that a part of the Wasena commercial district and how a commercial enterprise in Fishburn Park is INCONSISTENT with the surrounding residential part of the neighborhood because there no other commercial businesses near it. ADDITIONALLY, a professional licensed soil scientist who was hired to do an on-site evaluation discovered the proposed parking lot is too close to the Fishburn Park property line.The conclusion was that: "parking lot stormwater runoff would not have anything to prevent erosive water from leaving the separate property and onto its neighbor, Fishburn Park.The problem with more water flowing into fill material-soil is that it can become heavy-wet-unstable and slip down the hill...That defies Erosion and Sediment Control Regulations which do not allow erosive water and sediment onto neighbor's land." ! Please protect Fishburn Park by denying this application. i Sincerely, Christine Camper Christine Camper CHRISTINE.CAMPER@GMAIL.COM 5502 EVENINGWOOD LN, ROANOKE,Virginia 24019-2612 <https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fclick.actionnetwork.org%2Fss%2Fo%2FsKxQ9Tu sut- gXiwfMalEaQ%2F3yx%2FTOkhjkSiSDOl2cgmpFstsg%2Fho.gif&data=05%7C01%7CCecelia.Webb%40RoanokeVa.gov%7Cb 084c9a8b8f94b793f6708dba2408eb2%7C4b5ef942bd404d06a3df44ad34270d92%7C0%7C0%7C638282170374293175% 7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2IuMzIiLCJBTi161k1haWwiLCJXVCI6Mn0%3D%7C3000 %7C%7C%7C&sdata=N4WNZAH1OG8MBgUgYhuFf%2Fn6Wtyc%2FjdVlvWlotWtCPk%3D&reserved=0> 2 Cecelia Webb From: Ruth Visuete Perez Sent: Monday, August 21, 2023 8:17 AM To: Cecelia Webb Subject: FW: [EXTERNAL] Please reject the application to rezone Fishburn Park Original Message From: Clinton Stoneking<clinton.stoneking@fnf.com> Sent: Sunday,August 20, 2023 9:56 PM To: City Clerk<City.Clerk@roanokeva.gov> Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION:This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and Council Members, I've lived near Fishburn Park for 36 years and enjoy the wildlife and peace in our neighborhood.There are new clauses and omissions in the new zoning application that are very concerning. Please reject the application to rezone Fishburn Park.The application does not match the intention of the contract or the amendment to restore an historic building into a coffee shop. The current zoning application added this clause: "The historic caretaker's cottage,which is badly deteriorated, will be renovated and preserved if found to be structurally sound.The existing trees on the site will not be negatively affected by the proposed project." The Economic Development Department denied a request by the neighborhood to show members of council the house in 2018 because the building wasn't safe. Recently, a Class A contractor sent a statement to the Planning Commission that while the building wasn't structurally sound, it was salvageable and could be restored. The drawing for the project shows a wrap around deck where a large mature tree currently is.The zoning application specifies a commercial kitchen and two ADA bathrooms when a coffee shop only needs a warming kitchen and one ADA bathroom.The application also specifies that there could be an eating establishment as well as an eating and drinking establishment which would allow a restaurant and bar instead of a coffee shop. Duane Nealon (retired member, American Institute of Certified Planners) submitted a detailed comparison between Wasena Park and the Green Goat that a part of the Wasena commercial district and how a commercial enterprise in Fishburn Park is INCONSISTENT with the surrounding residential part of the neighborhood because there no other commercial businesses near it. ADDITIONALLY, a professional licensed soil scientist who was hired to do an on-site evaluation discovered the proposed parking lot is too close to the Fishburn Park property line.The conclusion was that: "parking lot stormwater runoff would not have anything to prevent erosive water from leaving the separate property and onto its neighbor, Fishburn Park.The problem with more water flowing into fill material-soil is that it can become heavy-wet-unstable and slip down the hill...That defies Erosion and Sediment Control Regulations which do not allow erosive water and sediment onto neighbor's land." ! i Please protect Fishburn Park by denying this application. Sincerely, Clinton Stoneking clinton.stoneking@fnf.com 2516 Sweetbrier Ave Roanoke,Virginia 24015 <https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fclick.actionnetwork.org%2Fss%2Fo%2FsKxQ9Tu sut-gXiwfMalEaQ%2F3yx%2FBKCHbBFIQgKGaX1T8p- Ujg%2Fho.gif&data=05%7C01%7CCecelia.Webb%40RoanokeVa.gov%7C81e7bbf1583a4817e1b908dba2409536%7C4b5e f942bd404d06a3df44ad34270d92%7C0%7C0%7C638282170476617053%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4 wLjAwMDAiLCJQIjoiV2luMzliLCJBTi161k1haWwiLCJXVC16Mn0%3D%7C3000%7C%7C%7C&sdata=z6au2timZYhiapThSetxW gyw3agZNa2UppjPaSzseQ0%3D&reserved=0> 2 Cecelia Webb From: Ruth Visuete Perez Sent: Monday, August 21, 2023 8:20 AM To: Cecelia Webb Subject: FW: [EXTERNAL] Please reject the application to rezone Fishburn Park From: Christopher Warren<info@email.actionnetwork.org> Sent: Sunday,August 20, 2023 10:07 PM To: City Clerk<City.Clerk@roanokeva.gov> Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and Council Members, Please reject the application to rezone Fishburn Park. The application does not match the intention of the contract or the amendment to restore an historic building into a coffee shop. The current zoning application added this clause: "The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound. The existing trees on the site will not be negatively affected by the proposed project." The Economic Development Department denied a request by the neighborhood to show members of council the house in 2018 because the building wasn't safe. Recently, a Class A contractor sent a statement to the Planning Commission that while the building wasn't structurally sound, it was salvageable and could be restored. The drawing for the project shows a wrap around deck where a large mature tree currently is. The zoning application specifies a commercial kitchen and two ADA bathrooms when a coffee shop only needs a warming kitchen and one ADA bathroom. The application also specifies that there could be an eating establishment as well as an eating and drinking establishment which would allow a restaurant and bar instead of a coffee shop. 1 Duane Nealon (retired member, American Institute of Certified Planners) submitted a detailed comparison between Wasena Park and the Green Goat that a part of the Wasena commercial district and how a commercial enterprise in Fishburn Park is INCONSISTENT with the surrounding residential part of the neighborhood because there no other commercial businesses near it. ADDITIONALLY, a professional licensed soil scientist who was hired to do an on-site evaluation discovered the proposed parking lot is too close to the Fishburn Park property line. The conclusion was that: "parking lot stormwater runoff would not have anything to prevent erosive water from leaving the separate property and onto its neighbor, Fishburn Park. The problem with more water flowing into fill material-soil is that it can become heavy-wet-unstable and slip down the hill...That defies Erosion and Sediment Control Regulations which do not allow erosive water and sediment onto neighbor's land." ! Please protect Fishburn Park by denying this application. Sincerely, Christopher Warren chrisko540(a�icloud.com 1312 Pechin Ave Se Roanoke, Virginia 24013 2 Cecelia Webb From: Ruth Visuete Perez Sent: Monday, August 21, 2023 8:20 AM To: Cecelia Webb Subject: FW: [EXTERNAL] Please reject the application to rezone Fishburn Park From: Pat Lambui <info@email.actionnetwork.org> Sent:Sunday,August 20, 2023 9:11 PM To: City Clerk<City.Clerk@roanokeva.gov> Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and Council Members, Please reject the application to rezone Fishburn Park. The application does not match the intention of the contract or the amendment to restore an historic building into a coffee shop. The current zoning application added this clause: "The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound. The existing trees on the site will not be negatively affected by the proposed project." The Economic Development Department denied a request by the neighborhood to show members of council the house in 2018 because the building wasn't safe. Recently, a Class A contractor sent a statement to the Planning Commission that while the building wasn't structurally sound, it was salvageable and could be restored. The drawing for the project shows a wrap around deck where a large mature tree currently is. The zoning application specifies a commercial kitchen and two ADA bathrooms when a coffee shop only needs a warming kitchen and one ADA bathroom. The application also specifies that there could be an eating establishment as well as an eating and drinking establishment which would allow a restaurant and bar instead of a coffee shop. i Duane Nealon (retired member, American Institute of Certified Planners) submitted a detailed comparison between Wasena Park and the Green Goat that a part of the Wasena commercial district and how a commercial enterprise in Fishburn Park is INCONSISTENT with the surrounding residential part of the neighborhood because there no other commercial businesses near it. ADDITIONALLY, a professional licensed soil scientist who was hired to do an on-site evaluation discovered the proposed parking lot is too close to the Fishburn Park property line. The conclusion was that: "parking lot stormwater runoff would not have anything to prevent erosive water from leaving the separate property and onto its neighbor, Fishburn Park. The problem with more water flowing into fill material-soil is that it can become heavy-wet-unstable and slip down the hill...That defies Erosion and Sediment Control Regulations which do not allow erosive water and sediment onto neighbor's land." ! Please protect Fishburn Park by denying this application. Sincerely, Pat Lambui plambuiAicloud.com 2452 Montgomery Ave Roanoke , Virginia 24015 2 Cecelia Webb From: Ruth Visuete Perez Sent: Monday, August 21, 2023 8:21 AM To: Cecelia Webb Subject: FW: [EXTERNAL] Please reject the application to rezone Fishburn Park From: Phyllis Albritton<phyllisa@usit.net> Sent: Friday, August 18, 2023 4:54 PM To: City Clerk<City.Clerk@roanokeva.gov> Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and Council Members, Please reject the application to rezone Fishburn Park. The application does not match the intention of the contract or the amendment to restore an historic building into a coffee shop. The current zoning application added this clause: "The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound. The existing trees on the site will not be negatively affected by the proposed project." The Economic Development Department denied a request by the neighborhood to show members of council the house in 2018 because the building wasn't safe. Recently, a Class A contractor sent a statement to the Planning Commission that while the building wasn't structurally sound, it was salvageable and could be restored. The drawing for the project shows a wrap around deck where a large mature tree currently is. The zoning application specifies a commercial kitchen and two ADA bathrooms when a coffee shop only needs a warming kitchen and one ADA bathroom. The application also specifies that there could be an eating establishment as well as an eating and drinking establishment which would allow a restaurant and bar instead of a coffee shop. 1 Duane Nealon (retired member, American Institute of Certified Planners) submitted a detailed comparison between Wasena Park and the Green Goat that a part of the Wasena commercial district and how a commercial enterprise in Fishburn Park is INCONSISTENT with the surrounding residential part of the neighborhood because there no other commercial businesses near it. ADDITIONALLY, a professional licensed soil scientist who was hired to do an on-site evaluation discovered the proposed parking lot is too close to the Fishburn Park property line. The conclusion was that: "parking lot stormwater runoff would not have anything to prevent erosive water from leaving the separate property and onto its neighbor, Fishburn Park. The problem with more water flowing into fill material-soil is that it can become heavy-wet-unstable and slip down the hill...That defies Erosion and Sediment Control Regulations which do not allow erosive water and sediment onto neighbor's land.' ! Please protect Fishburn Park by denying this application. Sincerely, Phyllis Albritton phyllisa(a�usit.net 1060 Showalter Drive, Apartment 303 Blacskburg, Virginia 24060 2 Cecelia Webb From: Ruth Visuete Perez Sent: Monday, August 21, 2023 8:22 AM To: Cecelia Webb Subject: FW: [EXTERNAL] Please reject the application to rezone Fishburn Park From: Debra Carter<info@email.actionnetwork.org> Sent: Saturday,August 19, 2023 9:07 AM To: City Clerk<City.Clerk@roanokeva.gov> Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and Council Members, Please reject the application to rezone Fishburn Park. The application does not match the intention of the contract or the amendment to restore an historic building into a coffee shop. The current zoning application added this clause: "The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound. The existing trees on the site will not be negatively affected by the proposed project." The Economic Development Department denied a request by the neighborhood to show members of council the house in 2018 because the building wasn't safe. Recently, a Class A contractor sent a statement to the Planning Commission that while the building wasn't structurally sound, it was salvageable and could be restored. The drawing for the project shows a wrap around deck where a large mature tree currently is. The zoning application specifies a commercial kitchen and two ADA bathrooms when a coffee shop only needs a warming kitchen and one ADA bathroom. The application also specifies that there could be an eating establishment as well as an eating and drinking establishment which would allow a restaurant and bar instead of a coffee shop. i Duane Nealon (retired member, American Institute of Certified Planners) submitted a detailed comparison between Wasena Park and the Green Goat that a part of the Wasena commercial district and how a commercial enterprise in Fishburn Park is INCONSISTENT with the surrounding residential part of the neighborhood because there no other commercial businesses near it. ADDITIONALLY, a professional licensed soil scientist who was hired to do an on-site evaluation discovered the proposed parking lot is too close to the Fishburn Park property line. The conclusion was that: "parking lot stormwater runoff would not have anything to prevent erosive water from leaving the separate property and onto its neighbor, Fishburn Park. The problem with more water flowing into fill material-soil is that it can become heavy-wet-unstable and slip down the hill...That defies Erosion and Sediment Control Regulations which do not allow erosive water and sediment onto neighbor's land." ! Please protect Fishburn Park by denying this application. Sincerely, Debra Carter occupywitness(c�gmail.com 3038 Melrose Av NW Apt 811 Roanoke, Virginia 24017 2 Cecelia Webb From: Ruth Visuete Perez Sent: Monday, August 21, 2023 8:22 AM To: Cecelia Webb Subject: FW: [EXTERNAL] Please reject the application to rezone Fishburn Park From:Ji Montgomery<info@email.actionnetwork.org> Sent: Saturday, August 19, 2023 4:48 PM To: City Clerk<City.Clerk@roanokeva.gov> Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and Council Members, Please reject the application to rezone Fishburn Park. The application does not match the intention of the contract or the amendment to restore an historic building into a coffee shop. The current zoning application added this clause: "The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound. The existing trees on the site will not be negatively affected by the proposed project." The Economic Development Department denied a request by the neighborhood to show members of council the house in 2018 because the building wasn't safe. Recently, a Class A contractor sent a statement to the Planning Commission that while the building wasn't structurally sound, it was salvageable and could be restored. The drawing for the project shows a wrap around deck where a large mature tree currently is. The zoning application specifies a commercial kitchen and two ADA bathrooms when a coffee shop only needs a warming kitchen and one ADA bathroom. The application also specifies that there could be an eating establishment as well as an eating and drinking establishment which would allow a restaurant and bar instead of a coffee shop. i Duane Nealon (retired member, American Institute of Certified Planners) submitted a detailed comparison between Wasena Park and the Green Goat that a part of the Wasena commercial district and how a commercial enterprise in Fishburn Park is INCONSISTENT with the surrounding residential part of the neighborhood because there no other commercial businesses near it. ADDITIONALLY, a professional licensed soil scientist who was hired to do an on-site evaluation discovered the proposed parking lot is too close to the Fishburn Park property line. The conclusion was that: "parking lot stormwater runoff would not have anything to prevent erosive water from leaving the separate property and onto its neighbor, Fishburn Park. The problem with more water flowing into fill material-soil is that it can become heavy-wet-unstable and slip down the hill...That defies Erosion and Sediment Control Regulations which do not allow erosive water and sediment onto neighbor's land." ! Please protect Fishburn Park by denying this application. Sincerely, Ji Montgomery jiprk99( gmail.com 2 N Stoner Ave Shiremanstown, Pennsylvania 17011 2 Cecelia Webb From: Ruth Visuete Perez Sent: Monday, August 21, 2023 8:22 AM To: Cecelia Webb Subject: FW: [EXTERNAL] Please reject the application to rezone Fishburn Park From: LOIS PRICE<info@email.actionnetwork.org> Sent: Saturday, August 19, 2023 7:25 PM To: City Clerk<City.Clerk@roanokeva.gov> Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and Council Members, Please reject the application to rezone Fishburn Park. The application does not match the intention of the contract or the amendment to restore an historic building into a coffee shop. The current zoning application added this clause: "The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound. The existing trees on the site will not be negatively affected by the proposed project." The Economic Development Department denied a request by the neighborhood to show members of council the house in 2018 because the building wasn't safe. Recently, a Class A contractor sent a statement to the Planning Commission that while the building wasn't structurally sound, it was salvageable and could be restored. The drawing for the project shows a wrap around deck where a large mature tree currently is. The zoning application specifies a commercial kitchen and two ADA bathrooms when a coffee shop only needs a warming kitchen and one ADA bathroom. The application also specifies that there could be an eating establishment as well as an eating and drinking establishment which would allow a restaurant and bar instead of a coffee shop. i Duane Nealon (retired member, American Institute of Certified Planners) submitted a detailed comparison between Wasena Park and the Green Goat that a part of the Wasena commercial district and how a commercial enterprise in Fishburn Park is INCONSISTENT with the surrounding residential part of the neighborhood because there no other commercial businesses near it. ADDITIONALLY, a professional licensed soil scientist who was hired to do an on-site evaluation discovered the proposed parking lot is too close to the Fishburn Park property line. The conclusion was that: "parking lot stormwater runoff would not have anything to prevent erosive water from leaving the separate property and onto its neighbor, Fishburn Park. The problem with more water flowing into fill material-soil is that it can become heavy-wet-unstable and slip down the hill...That defies Erosion and Sediment Control Regulations which do not allow erosive water and sediment onto neighbor's land." ! Please protect Fishburn Park by denying this application. Sincerely, Lois Price LOIS PRICE thelafavors@verizon.net 2509 SWEETBRIER AVENUE ROANOKE, Virginia 24015 2 Cecelia Webb From: Ruth Visuete Perez Sent: Monday, August 21, 2023 8:22 AM To: Cecelia Webb Subject: FW: [EXTERNAL] Please reject the application to rezone Fishburn Park From:Anne Lusby-Denham <info@email.actionnetwork.org> Sent:Saturday, August 19, 2023 7:47 PM To: City Clerk<City.Clerk@roanokeva.gov> Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and Council Members, Please reject the application to rezone Fishburn Park. The application does not match the intention of the contract or the amendment to restore an historic building into a coffee shop. The current zoning application added this clause: "The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound. The existing trees on the site will not be negatively affected by the proposed project." The Economic Development Department denied a request by the neighborhood to show members of council the house in 2018 because the building wasn't safe. Recently, a Class A contractor sent a statement to the Planning Commission that while the building wasn't structurally sound, it was salvageable and could be restored. The drawing for the project shows a wrap around deck where a large mature tree currently is. The zoning application specifies a commercial kitchen and two ADA bathrooms when a coffee shop only needs a warming kitchen and one ADA bathroom. The application also specifies that there could be an eating establishment as well as an eating and drinking establishment which would allow a restaurant and bar instead of a coffee shop. 1 Duane Nealon (retired member, American Institute of Certified Planners) submitted a detailed comparison between Wasena Park and the Green Goat that a part of the Wasena commercial district and how a commercial enterprise in Fishburn Park is INCONSISTENT with the surrounding residential part of the neighborhood because there no other commercial businesses near it. ADDITIONALLY, a professional licensed soil scientist who was hired to do an on-site evaluation discovered the proposed parking lot is too close to the Fishburn Park property line. The conclusion was that: "parking lot stormwater runoff would not have anything to prevent erosive water from leaving the separate property and onto its neighbor, Fishburn Park. The problem with more water flowing into fill material-soil is that it can become heavy-wet-unstable and slip down the hill...That defies Erosion and Sediment Control Regulations which do not allow erosive water and sediment onto neighbor's land." I Please protect Fishburn Park by denying this application. Sincerely, Anne Lusby-Denham anneunitypoetqmail.com 3512 Wright Rd SW Roanoke, Virginia 24015 2 Cecelia Webb From: Ruth Visuete Perez Sent: Monday, August 21, 2023 8:23 AM To: Cecelia Webb Subject: FW: [EXTERNAL] Please reject the application to rezone Fishburn Park From:Jennifer Wohlander<info@email.actionnetwork.org> Sent: Sunday, August 20, 2023 8:53 AM To: City Clerk<City.Clerk@roanokeva.gov> Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and Council Members, Please reject the application to rezone Fishburn Park. Too much development causes hardship on the community -we must preserve natural spaces. And in this case, the application does not match the intention of the contract or the amendment to restore an historic building into a coffee shop. The current zoning application added this clause: `The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound. The existing trees on the site will not be negatively affected by the proposed project." The Economic Development Department denied a request by the neighborhood to show members of council the house in 2018 because the building wasn't safe. Recently, a Class A contractor sent a statement to the Planning Commission that while the building wasn't structurally sound, it was salvageable and could be restored. The drawing for the project shows a wrap around deck where a large mature tree currently is. The zoning application specifies a commercial kitchen and two ADA bathrooms when a coffee shop only needs a warming kitchen and one ADA bathroom. The application also specifies that there could be an eating establishment as well as an eating and drinking establishment which would allow a 1 restaurant and bar instead of a coffee shop. The intention is worrisome and clearly creating risk for neighbors. Duane Nealon (retired member, American Institute of Certified Planners) submitted a detailed comparison between Wasena Park and the Green Goat that a part of the Wasena commercial district and how a commercial enterprise in Fishburn Park is INCONSISTENT with the surrounding residential part of the neighborhood because there no other commercial businesses near it. ADDITIONALLY, a professional licensed soil scientist who was hired to do an on-site evaluation discovered the proposed parking lot is too close to the Fishburn Park property line. The conclusion was that: "parking lot stormwater runoff would not have anything to prevent erosive water from leaving the separate property and onto its neighbor, Fishburn Park. The problem with more water flowing into fill material-soil is that it can become heavy-wet-unstable and slip down the hill...That defies Erosion and Sediment Control Regulations which do not allow erosive water and sediment onto neighbor's land." ! Please protect Fishburn Park by denying this application. Sincerely, Jennifer Wohlander Vienna, VA 22180 703-537-6985 Jennifer Wohlander iennifer.wohlander(c�gmail.com 371 holmes dr nw Vienna, Virginia 22180 2 Cecelia Webb From: Ruth Visuete Perez Sent: Monday, August 21, 2023 8:23 AM To: Cecelia Webb Subject: FW: [EXTERNAL] Please reject the application to rezone Fishburn Park From: Desiree Shelley<info@email.actionnetwork.org> Sent:Sunday, August 20, 2023 9:59 AM To: City Clerk<City.Clerk@roanokeva.gov> Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and Council Members, Please reject the application to rezone Fishburn Park. The application does not match the intention of the contract or the amendment to restore an historic building into a coffee shop. The current zoning application added this clause: "The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound. The existing trees on the site will not be negatively affected by the proposed project." The Economic Development Department denied a request by the neighborhood to show members of council the house in 2018 because the building wasn't safe. Recently, a Class A contractor sent a statement to the Planning Commission that while the building wasn't structurally sound, it was salvageable and could be restored. The drawing for the project shows a wrap around deck where a large mature tree currently is. The zoning application specifies a commercial kitchen and two ADA bathrooms when a coffee shop only needs a warming kitchen and one ADA bathroom. The application also specifies that there could be an eating establishment as well as an eating and drinking establishment which would allow a restaurant and bar instead of a coffee shop. t Duane Nealon (retired member, American Institute of Certified Planners) submitted a detailed comparison between Wasena Park and the Green Goat that a part of the Wasena commercial district and how a commercial enterprise in Fishburn Park is INCONSISTENT with the surrounding residential part of the neighborhood because there no other commercial businesses near it. ADDITIONALLY, a professional licensed soil scientist who was hired to do an on-site evaluation discovered the proposed parking lot is too close to the Fishburn Park property line. The conclusion was that: "parking lot stormwater runoff would not have anything to prevent erosive water from leaving the separate property and onto its neighbor, Fishburn Park. The problem with more water flowing into fill material-soil is that it can become heavy-wet-unstable and slip down the hill...That defies Erosion and Sediment Control Regulations which do not allow erosive water and sediment onto neighbor's land." ! Please protect Fishburn Park by denying this application. Sincerely, Desiree Shelley desireenflores@gmail.com 7141 Blacksburg Rd Catawba, Virginia 24070 2 Cecelia Webb From: Ruth Visuete Perez Sent: Monday, August 21, 2023 8:23 AM To: Cecelia Webb Subject: FW: [EXTERNAL] Please reject the application to rezone Fishburn Park From: Stephen Warren<info@email.actionnetwork.org> Sent: Sunday, August 20, 2023 1:43 PM To: City Clerk<City.Clerk@roanokeva.gov> Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and Council Members, I do not believe the rezoning of the caretaker's cottage at Fishburn Park, as currently planned, is in the best interest of the public, for these reasons: 1) I am opposed to conveying such a large tract of valuable parkland to the buyers on the argument that they cannot secure a loan "unless there is more land associated with the building." If the buyers cannot secure financing on their own merit, with a much smaller tract of land pertinent to the operations of a coffee shop, then this is not a deal which is in the public's interest. Put differently, the cost is too great when the public loses this much parkland in order to secure a suitor to conserve this historic home. I am aware of other offers made in the past, and would likely be offered again, to convert this home into a low-impact office space which would not need as much public land. If no one else comes forward to make such a pitch, I would personally offer to do so. 2)We have not heard the results of a formal traffic impact assessment, if there has even been one. I join with those who have mentioned this concern in the past, and I believe it has not i been adequately addressed by council. At present, this section of Brambleton Avenue is terribly congested as a two-lane corridor due to the influx of so many southwest city and county residents who drive into town each day for work, and return home in the evenings. This particular section is already impacted negatively during rush with twice-daily congestion at the stop-light by Carilion's Parkview office building. The entrance to a proposed coffee shop at Fishburn would be hardly two-hundred yards adjacent to this light, and the number of people attempting to turn into that lot from opposing lanes would be a traffic impediment. Again, the forfeiture of additional park land, impacting the neighborhood's footpath into the park, and the over-congestion of Brambleton Avenue at that intersection, are just two reasons why I am opposed to the current proposal. I also have grave concerns about the lack of protection by the city to prevent new owners from demolishing the cabin if found to be "structurally unsound," and there should be exact wording in the agreement to prevent that from happening. I personally hope this deal does not go through as written and presented to the public. There are to many unanswered questions at this time, while better options are available for the preservation of this historic building. Sincerely, Stephen C. Warren Roanoke, VA Stephen Warren swarren100@gmail.com 3022 Timberlane Ave Roanoke, 24018 2 Cecelia Webb From: Ruth Visuete Perez Sent: Monday, August 21, 2023 8:24 AM To: Cecelia Webb Subject: FW: [EXTERNAL] Please reject the application to rezone Fishburn Park From:Wendy Warren <info@email.actionnetwork.org> Sent:Sunday,August 20, 2023 1:50 PM To: City Clerk<City.Clerk@roanokeva.gov> Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and Council Members, I live off of Brambleton Avenue about a half mile from Fishburn Park and would ask that you reject the application to rezone Fishburn Park, as there is still insufficient information that would make me want a coffee shop close to where I live. There are three points I wish to make: 1. the application does not match the intention of the contract or the amendment to restore a historic building into a coffee shop. The current zoning application added this clause: "The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound." What would happen to the building if it was found not to be structurally sound??Would this allow the VanBlaricorns to demolish the cottage and build a brand-new building? As a local preservationist that would make me and many more people very unset. I currently serve on the Historic Greenfield Preservation Advisory Council of Botetourt County and know full-well what it means to save and preserve historically valuable log structures in the Roanoke Valley. 2. I am concerned about potential traffic jams and an increase of traffic accidents along the narrow corridor of Brambleton Avenue. I drive along Brambleton twice a day to and from work 1 (8 am and 5 pm) and have experienced many traffic backups during rush hour. Has a traffic feasibility study been done? I have not heard of one being done. Adding a busy coffee shop at the park will cause more traffic problems. There is also concern for pedestrian injuries and even fatalities of the many people who live within walking distance of the park. With an increase in traffic comes an increase of people getting hit by cars. Also, if the proposed coffee shop were allowed to operate and obtain an ABC license, there is concern that some drivers and pedestrians will not pay attention to the oncoming traffic along Brambleton due to imbibing too much beer or wine. 3. I disagree with the application for giving away an acre of land along with the cottage. I think the city should preserve it in perpetuity and let it remain a part of Fishburn Park. I feel a coffee shop is too ambitious for the Caretakers Cottage at Fishburn Park, and that the old building should be preserved and turned into private office space. I know people who would want to do that. There is concern the cottage would be torn down and a concern about increased traffic along Brambleton Avenue if the application proceeds as written. Please protect the historic Fishburn Park Caretakers Cottage by denying this application. Thank you so much! Sincerely, Wendy H. Warren Wendy Warren wendy.warren.va@gmail.com 3022 Timberlane Avenue, Roanoke VA 24018 Roanoke, Virginia 24018 2 Cecelia Webb From: Ruth Visuete Perez Sent: Monday, August 21, 2023 8:24 AM To: Cecelia Webb Subject: FW: [EXTERNAL] Please reject the application to rezone Fishburn Park From: Bernetta McGuire<info@email.actionnetwork.org> Sent: Sunday,August 20, 2023 4:14 PM To: City Clerk<City.Clerk@roanokeva.gov> Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and Council Members, Please reject the application to rezone Fishburn Park. The application does not match the intention of the contract or the amendment to restore an historic building into a coffee shop. The current zoning application added this clause: "The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound. The existing trees on the site will not be negatively affected by the proposed project." The Economic Development Department denied a request by the neighborhood to show members of council the house in 2018 because the building wasn't safe. Recently, a Class A contractor sent a statement to the Planning Commission that while the building wasn't structurally sound, it was salvageable and could be restored. The drawing for the project shows a wrap around deck where a large mature tree currently is. The zoning application specifies a commercial kitchen and two ADA bathrooms when a coffee shop only needs a warming kitchen and one ADA bathroom. The application also specifies that there could be an eating establishment as well as an eating and drinking establishment which would allow a restaurant and bar instead of a coffee shop. Duane Nealon (retired member, American Institute of Certified Planners) submitted a detailed comparison between Wasena Park and the Green Goat that a part of the Wasena commercial district and how a commercial enterprise in Fishburn Park is INCONSISTENT with the surrounding residential part of the neighborhood because there no other commercial businesses near it. ADDITIONALLY, a professional licensed soil scientist who was hired to do an on-site evaluation discovered the proposed parking lot is too close to the Fishburn Park property line. The conclusion was that: "parking lot stormwater runoff would not have anything to prevent erosive water from leaving the separate property and onto its neighbor, Fishburn Park. The problem with more water flowing into fill material-soil is that it can become heavy-wet-unstable and slip down the hill...That defies Erosion and Sediment Control Regulations which do not allow erosive water and sediment onto neighbor's land." ! Please protect Fishburn Park by denying this application. Sincerely, Bernetta McGuire bnetta1984@yahoo.com 936 Caldwell Street ROANOKE, Virginia 24017 2 Cecelia Webb From: Ruth Visuete Perez Sent: Monday, August 21, 2023 8:24 AM To: Cecelia Webb Subject: FW: [EXTERNAL] Please reject the application to rezone Fishburn Park From: Maghan Gould <info@email.actionnetwork.org> Sent:Sunday,August 20, 2023 4:19 PM To: City Clerk<City.Clerk@roanokeva.gov> Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and Council Members, Please reject the application to rezone Fishburn Park. The application does not match the intention of the contract or the amendment to restore an historic building into a coffee shop. The current zoning application added this clause: "The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound. The existing trees on the site will not be negatively affected by the proposed project." The Economic Development Department denied a request by the neighborhood to show members of council the house in 2018 because the building wasn't safe. Recently, a Class A contractor sent a statement to the Planning Commission that while the building wasn't structurally sound, it was salvageable and could be restored. The drawing for the project shows a wrap around deck where a large mature tree currently is. The zoning application specifies a commercial kitchen and two ADA bathrooms when a coffee shop only needs a warming kitchen and one ADA bathroom. The application also specifies that there could be an eating establishment as well as an eating and drinking establishment which would allow a restaurant and bar instead of a coffee shop. 1 Duane Nealon (retired member, American Institute of Certified Planners) submitted a detailed comparison between Wasena Park and the Green Goat that a part of the Wasena commercial district and how a commercial enterprise in Fishburn Park is INCONSISTENT with the surrounding residential part of the neighborhood because there no other commercial businesses near it. ADDITIONALLY, a professional licensed soil scientist who was hired to do an on-site evaluation discovered the proposed parking lot is too close to the Fishburn Park property line. The conclusion was that: "parking lot stormwater runoff would not have anything to prevent erosive water from leaving the separate property and onto its neighbor, Fishburn Park. The problem with more water flowing into fill material-soil is that it can become heavy-wet-unstable and slip down the hill...That defies Erosion and Sediment Control Regulations which do not allow erosive water and sediment onto neighbor's land." ! Please protect Fishburn Park by denying this application. Sincerely, Maghan Gould nettameqyahoo.com 936 Caldwell Street Roanoke , Virginia 24017 2 Cecelia Webb From: Ruth Visuete Perez Sent: Monday, August 21, 2023 8:24 AM To: Cecelia Webb Subject: FW: [EXTERNAL] Please reject the application to rezone Fishburn Park From:Anna Joppich <info@email.actionnetwork.org> Sent:Sunday, August 20, 2023 4:48 PM To: City Clerk<City.Clerk@roanokeva.gov> Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and Council Members, Please reject the application to rezone Fishburn Park. The application does not match the intention of the contract or the amendment to restore an historic building into a coffee shop. The current zoning application added this clause: "The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound. The existing trees on the site will not be negatively affected by the proposed project." The Economic Development Department denied a request by the neighborhood to show members of council the house in 2018 because the building wasn't safe. Recently, a Class A contractor sent a statement to the Planning Commission that while the building wasn't structurally sound, it was salvageable and could be restored. The drawing for the project shows a wrap around deck where a large mature tree currently is. The zoning application specifies a commercial kitchen and two ADA bathrooms when a coffee shop only needs a warming kitchen and one ADA bathroom. The application also specifies that there could be an eating establishment as well as an eating and drinking establishment which would allow a restaurant and bar instead of a coffee shop. 1 Duane Nealon (retired member, American Institute of Certified Planners) submitted a detailed comparison between Wasena Park and the Green Goat that a part of the Wasena commercial district and how a commercial enterprise in Fishburn Park is INCONSISTENT with the surrounding residential part of the neighborhood because there no other commercial businesses near it. ADDITIONALLY, a professional licensed soil scientist who was hired to do an on-site evaluation discovered the proposed parking lot is too close to the Fishburn Park property line. The conclusion was that: "parking lot stormwater runoff would not have anything to prevent erosive water from leaving the separate property and onto its neighbor, Fishburn Park. The problem with more water flowing into fill material-soil is that it can become heavy-wet-unstable and slip down the hill...That defies Erosion and Sediment Control Regulations which do not allow erosive water and sediment onto neighbor's land." ! Please protect Fishburn Park by denying this application. Sincerely, Anna Joppich anna.ioppichgmail.com 2940 Tree Swallow rd Roanoke, Virginia 24018 2 r Cecelia Webb From: Ruth Visuete Perez Sent: Monday, August 21, 2023 8:25 AM To: Cecelia Webb;Windsor Nevitt Subject: FW: [EXTERNAL] Fishburn Park Decision From: Duane Howard <starcityflyer@aol.com> Sent: Sunday,August 20, 2023 8:25 PM To: City Clerk<City.Clerk@roanokeva.gov> Subject: [EXTERNAL] Fishburn Park Decision CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Mayor Lea and honorable members of City Council. As I sit here Sunday morning listening to the news stories on Maui, it was said; "Climate Change is here and we've got to face it and deal with it, if its not already too late". These issues with our historic old homes being allowed to fall into total disrepair is at the feet of our city government. If the Fishburn cottage could have been rehab for$150K that seems to be a drop in the bucket in considering an over all amount of budgets. . It seems like the world is on fire with Armageddon like disasters happening around the globe. It seems like we are at a point in time to take all these worldly disaster to heart. I understand there is wording in the Fishburn deal that the cottage could become an alcohol serving establishment, in our City Park? really. You all are elected to protect and serve our city to make the best sound judgements for the city and ALL its citizens. Accepting and approving this proposal will be a gross injustice for the park and to the citizens of Roanoke. I beg and implore you to err on the side of caution and deny this approval. Does it not raise questions and concerns why this young couple wants this parcel of land so passionately for all they are going through to get it? Seriously another coffee shop that I'd almost be my life on will be doomed to fail. Simply makes not logical sense. Respectfully, E. Duane Howard 1 Cecelia Webb From: Ruth Visuete Perez Sent: Monday, August 21, 2023 9:24 AM To: Cecelia Webb Subject: FW: [EXTERNAL] IMPORTANT contract info Fw: Fishburn Park Cottage; "Sale" contract dated 22 Dec. 2022 From: Freeda Cathcart<contactfreeda@gmail.com> Sent: Sunday,August 20, 2023 9:50 PM Subject: [EXTERNAL] IMPORTANT contract info Fw: Fishburn Park Cottage; "Sale" contract dated 22 Dec. 2022 CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Please see retired lawyer's email below to Michael Clark about how the house in Fishburn Park isn't protected from being destroyed. This is a BIG deal! During her career she did a lot of contract law. Freeda Forwarded Message From: sjhimel(a�aol.com <sjhimel©aol.com> To: Michael.Clark(c�roanokeva.gov <michael.clark(a�roanokeva.gov> Sent: Sunday, August 20, 2023 at 09:19:04 PM EDT Subject: Fw: Fishburn Park Cottage; "Sale"contract dated 22 Dec. 2022 Dear Mr. Clark: I am enclosing a copy of my email to the Advisory Board about the risk status of the cottage in Fishburn Park. The sale contract for the tract does explicitly mention demolition, as you can see, in Section 4 B 13 set out below, and the only limitation is that the City approve it. Of course, this is true only until the land is deeded away; once that happens the City has no right to control what happens to the cottage. The vanBlaricoms say in their June application that they now need a feasibility study to see if they even can restore the building, but have not let the City know what their findings are. Whether this study says they can or cannot protect the building, the City needs to know exactly what their plans are before it gives away the land because once the tract is given away there is no real way to get it back. It may be helpful to mention that the contract expressly says the City can ask for and get, promptly and free of any charge, copies of any and all studies, tests, examinations etc. the vanBlaricoms or their agents conduct regarding the Park property. Please feel free to contact me at 540 342 3104 if you have any questions. Regards, S J Himel Forwarded Message From: sjhimel@aol.com <sihimel@aol.com> 1 To: stephen.terry.mcquire(cr7gmail.com <stephen.terry.mcquire(c�gmaiLcom> Cc: Freeda Cathcart<contactfreeda(a�gmail.com> Sent: Wednesday, August 16, 2023 at 02:57:36 AM EDT Subject: Fishburn Park Cottage; "Sale"contract dated 22 Dec. 2022 Hi Terry -- I understand you need to know what the actual status of the cottage is (i.e., protected, and if so, how?) Bearing in mind that the VBs themselves, in their application and filings, have always talked about restoring/renovating the cottage, you need to understand the cottage has no historic preservation status as a matter of law -- it isn't HP zoned, it isn't somehow designated as a historic site or structure, so no matter how much any of the parties, City, applicants, or anyone else TALKS about its historic value, once the City sells it the new owner(or anyone who buys it later) has the right to demolish it. The City can't intervene once it's sold or somehow recover ownership unless it wants to get into a costly bidding war. That said, and no matter how applicants chose to romanticize the cottage, the City and the vBs have been aware throughout that its total demolition (not just renovation work) has been on the table. Their own contract, Section 4 B 13, states: "13. Buyer agrees that the Deed will include a restriction that the Building shall not be, razed, demolished or removed. in whole or in part (other than removal of portions of the existing structure set forth in Buyer's Proposal), WITHOUT THE PRIOR APPROVAL OF SELLER." (emphasis added) Based on this contract agreement, both the City and the vBs understood that complete demolition was always a possibility. It may have been the City's understanding that requiring due diligence inspections and testing would protect the building, but in light of recent developments (the June 2023 amended application) I would say that's way too optimistic. Suddenly, months after all inspections and testing were required to be completed, the vBs have suddenly popped up with the announcement that due to the dilapidated nature of the building they need to do an engineering feasibility study. No schedule for this study is mentioned, nor is there any indication that they will share the results with the City. I brought this up with the Planning Council with the vBs present ... they had nothing to say about the feasiblity study, and the Council chose not to question them about it. A point to bear in mind about the clause I quote above -- if the vBs don't bring up the study until after the City gives them the land and building, and they then hand the City some document stating that the building just can't be salvaged so they're going to knock it down and do whatever they want, the City's approval or disapproval is absolutely irrelevant. They will be the owners, not the City, and they can do what they want with their property, The City could always say it would sue, but it doesn't have any real remedy under the contract, no damages, specific performance only, and if they go ahead and knock it down no trial court will order specific performance of something which is impossible. Someone needs to demand a copy of ALL the vBs studies, inspection reports, business plans, etc ( the City has a contract right to do this, btw, and they can't object), most especially this engineering feasibility study. The City has to have this information well before any decision to approve rezoning can be approved, certainly before the City gives away the cottage and land for $10. Be aware that Parks has already asked for their business plan and didn't get it -- Justin vB used as an excuse the fact that he'd been dealing only with the Planning Commission and the City attorney, and didn't feel like he had do anything for anyone else. I suggest you ask both the Planning Commission AND the City attorney to make this demand because otherwise you'll never get anything. If they won't cooperate, well, I guess that will tell you that the cottage's days are numbered. 2 I hope this gives you what you need. If you have any questions I can meet with you or you can call me at 540-342-3104 or 521-3393. Thanks for your interest. Regards, Shelley Himel 3 Ruth Visuete Perez From: Mark McGuire <info@email.actionnetwork.org> Sent: Monday, August 21, 2023 10:30 AM To: City Clerk Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and Council Members, Please reject the application to rezone Fishburn Park. The application does not match the intention of the contract or the amendment to restore an historic building into a coffee shop. The current zoning application added this clause: "The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound. The existing trees on the site will not be negatively affected by the proposed project." The Economic Development Department denied a request by the neighborhood to show members of council the house in 2018 because the building wasn't safe. Recently, a Class A contractor sent a statement to the Planning Commission that while the building wasn't structurally sound, it was salvageable and could be restored. The drawing for the project shows a wrap around deck where a large mature tree currently is. The zoning application specifies a commercial kitchen and two ADA bathrooms when a coffee shop only needs a warming kitchen and one ADA bathroom. The application also specifies that there could be an eating establishment as well as an eating and drinking establishment which would allow a restaurant and bar instead of a coffee shop. Duane Nealon (retired member, American Institute of Certified Planners) submitted a detailed comparison between Wasena Park and the Green Goat that a part of the Wasena commercial district and how a commercial enterprise in Fishburn Park is INCONSISTENT with the surrounding residential part of the neighborhood because there no other commercial businesses near it. 1 ADDITIONALLY, a professional licensed soil scientist who was hired to do an on-site evaluation discovered the proposed parking lot is too close to the Fishburn Park property line. The conclusion was that: "parking lot stormwater runoff would not have anything to prevent erosive water from leaving the separate property and onto its neighbor, Fishburn Park. The problem with more water flowing into fill material-soil is that it can become heavy-wet-unstable and slip down the hill...That defies Erosion and Sediment Control Regulations which do not allow erosive water and sediment onto neighbor's land." ! Please protect Fishburn Park by denying this application. Sincerely, Mark McGuire mfmcguire@hotmail.com 1681 Big Spring Drive Apt 3 Elliston , Virginia 24087 2 Ruth Visuete Perez From: William Cathcart <info@email.actionnetwork.org> Sent: Monday, August 21, 2023 10:39 AM To: City Clerk Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and Council Members, Please reject the application to rezone Fishburn Park. The application does not match the intention of the contract or the amendment to restore an historic building into a coffee shop. The current zoning application added this clause: "The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound. The existing trees on the site will not be negatively affected by the proposed project." The Economic Development Department denied a request by the neighborhood to show members of council the house in 2018 because the building wasn't safe. Recently, a Class A contractor sent a statement to the Planning Commission that while the building wasn't structurally sound, it was salvageable and could be restored. The drawing for the project shows a wrap around deck where a large mature tree currently is. The zoning application specifies a commercial kitchen and two ADA bathrooms when a coffee shop only needs a warming kitchen and one ADA bathroom. The application also specifies that there could be an eating establishment as well as an eating and drinking establishment which would allow a restaurant and bar instead of a coffee shop. Duane Nealon (retired member, American Institute of Certified Planners) submitted a detailed comparison between Wasena Park and the Green Goat that a part of the Wasena commercial district and how a commercial enterprise in Fishburn Park is INCONSISTENT with the surrounding residential part of the neighborhood because there no other commercial businesses near it. i ADDITIONALLY, a professional licensed soil scientist who was hired to do an on-site evaluation discovered the proposed parking lot is too close to the Fishburn Park property line. The conclusion was that: "parking lot stormwater runoff would not have anything to prevent erosive water from leaving the separate property and onto its neighbor, Fishburn Park. The problem with more water flowing into fill material-soil is that it can become heavy-wet-unstable and slip down the hill...That defies Erosion and Sediment Control Regulations which do not allow erosive water and sediment onto neighbor's land." ! Please protect Fishburn Park by denying this application. Sincerely, William Cathcart william.b.cathcart©gmail.com 900 Houndschase Ln Apt B Blacksburg , VA 2 Ruth Visuete Perez From: Dian Tapscott <info@email.actionnetwork.org> Sent: Monday, August 21, 2023 1:12 PM To: City Clerk Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and Council Members, Please reject the application to rezone Fishburn Park. The application does not match the intention of the contract or the amendment to restore an historic building into a coffee shop. The current zoning application added this clause: "The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound. The existing trees on the site will not be negatively affected by the proposed project." The Economic Development Department denied a request by the neighborhood to show members of council the house in 2018 because the building wasn't safe. Recently, a Class A contractor sent a statement to the Planning Commission that while the building wasn't structurally sound, it was salvageable and could be restored. The drawing for the project shows a wrap around deck where a large mature tree currently is. The zoning application specifies a commercial kitchen and two ADA bathrooms when a coffee shop only needs a warming kitchen and one ADA bathroom. The application also specifies that there could be an eating establishment as well as an eating and drinking establishment which would allow a restaurant and bar instead of a coffee shop. Duane Nealon (retired member, American Institute of Certified Planners) submitted a detailed comparison between Wasena Park and the Green Goat that a part of the Wasena commercial district and how a commercial enterprise in Fishburn Park is INCONSISTENT with the surrounding residential part of the neighborhood because there no other commercial businesses near it. 1 ADDITIONALLY, a professional licensed soil scientist who was hired to do an on-site evaluation discovered the proposed parking lot is too close to the Fishburn Park property line. The conclusion was that: "parking lot stormwater runoff would not have anything to prevent erosive water from leaving the separate property and onto its neighbor, Fishburn Park. The problem with more water flowing into fill material-soil is that it can become heavy-wet-unstable and slip down the hill...That defies Erosion and Sediment Control Regulations which do not allow erosive water and sediment onto neighbor's land." ! Please protect Fishburn Park by denying this application. Sincerely, Dian Tapscott dtapscott9557©aol.com 1019 Sherwood Avenue Roanoke, Virginia 24015 2 Cecelia Webb From: Adele Carliss <info@email.actionnetwork.org> Sent: Monday, August 21, 2023 1:31 PM To: City Clerk Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and Council Members, Please reject the application to rezone Fishburn Park. The application does not match the intention of the contract or the amendment to restore an historic building into a coffee shop. The preservation of Roanoke's GreenSpace and Greenways , which are Vital to Roanoke, should not be infringed upon by allowing private ownership to diminish our Natural Resources. Please protect Fishburn Park by denying this application. Thank you for your time and consideration. Sincerely, Adele Carliss Adele Carliss can.tyl6py@gmail.com 1830 Arlington Rd SW Roanoke, VA 1 Ruth Visuete Perez From: Adele Carliss <info@email.actionnetwork.org> Sent: Monday, August 21, 2023 1:31 PM To: City Clerk Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and Council Members, Please reject the application to rezone Fishburn Park. The application does not match the intention of the contract or the amendment to restore an historic building into a coffee shop. The preservation of Roanoke's GreenSpace and Greenways , which are Vital to Roanoke, should not be infringed upon by allowing private ownership to diminish our Natural Resources. Please protect Fishburn Park by denying this application. Thank you for your time and consideration. Sincerely, Adele Carliss Adele Carliss can.tyl6py©gmail.com 1830 Arlington Rd SW Roanoke, VA 1 Ruth Visuete Perez From: Cynthia Munley <cmunley@live.com> Sent: Monday, August 21, 2023 6:15 PM To: City Clerk Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION:This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and Council Members, Please reject the application to rezone Fishburn Park.The application does not match the intention of the contract or the amendment to restore an historic building into a coffee shop. The current zoning application added this clause: "The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound.The existing trees on the site will not be negatively affected by the proposed project." The Economic Development Department denied a request by the neighborhood to show members of council the house in 2018 because the building wasn't safe. Recently, a Class A contractor sent a statement to the Planning Commission that while the building wasn't structurally sound, it was salvageable and could be restored.The drawing for the project shows a wrap around deck where a large mature tree currently is. The zoning application specifies a commercial kitchen and two ADA bathrooms when a coffee shop only needs a warming kitchen and one ADA bathroom.The application also specifies that there could be an eating establishment as well as an eating and drinking establishment which would allow a restaurant and bar instead of a coffee shop. Duane Nealon (retired member, American Institute of Certified Planners) submitted a detailed comparison between Wasena Park and the Green Goat that a part of the Wasena commercial district and how a commercial enterprise in Fishburn Park is INCONSISTENT with the surrounding residential part of the neighborhood because there no other commercial businesses near it. ADDITIONALLY, a professional licensed soil scientist who was hired to do an on-site evaluation discovered the proposed parking lot is too close to the Fishburn Park property line.The conclusion was that: "parking lot stormwater runoff would not have anything to prevent erosive water from leaving the separate property and onto its neighbor, Fishburn Park.The problem with more water flowing into fill material-soil is that it can become heavy-wet-unstable and slip down the hill...That defies Erosion and Sediment Control Regulations which do not allow erosive water and sediment onto neighbor's land." ! Please protect Fishburn Park by denying this application. Sincerely, Cynthia Munley cmunley@live.com 425 Roanoke Boulevard Salem, Virginia 24153 1 <https://click.actionnetwork.org/ss/o/sKxQ9Tusut-gXiwfMaIEaQ/3yx/DDEexAygQWgXp358nTGmmw/ho.gif> 2 Ruth Visuete Perez From: Forest Cathcart <info@email.actionnetwork.org> Sent: Monday, August 21, 2023 7:57 PM To: City Clerk Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and Council Members, Please reject the application to rezone Fishburn Park. The application does not match the intention of the contract or the amendment to restore an historic building into a coffee shop. The current zoning application added this clause: "The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound. The existing trees on the site will not be negatively affected by the proposed project." The Economic Development Department denied a request by the neighborhood to show members of council the house in 2018 because the building wasn't safe. Recently, a Class A contractor sent a statement to the Planning Commission that while the building wasn't structurally sound, it was salvageable and could be restored. The drawing for the project shows a wrap around deck where a large mature tree currently is. The zoning application specifies a commercial kitchen and two ADA bathrooms when a coffee shop only needs a warming kitchen and one ADA bathroom. The application also specifies that there could be an eating establishment as well as an eating and drinking establishment which would allow a restaurant and bar instead of a coffee shop. Duane Nealon (retired member, American Institute of Certified Planners) submitted a detailed comparison between Wasena Park and the Green Goat that a part of the Wasena commercial district and how a commercial enterprise in Fishburn Park is INCONSISTENT with the surrounding residential part of the neighborhood because there no other commercial businesses near it. 1 ADDITIONALLY, a professional licensed soil scientist who was hired to do an on-site evaluation discovered the proposed parking lot is too close to the Fishburn Park property line. The conclusion was that: "parking lot stormwater runoff would not have anything to prevent erosive water from leaving the separate property and onto its neighbor, Fishburn Park. The problem with more water flowing into fill material-soil is that it can become heavy-wet-unstable and slip down the hill...That defies Erosion and Sediment Control Regulations which do not allow erosive water and sediment onto neighbor's land." ! Please protect Fishburn Park by denying this application. Sincerely, Forest Cathcart 4est496©gmail.com 2523 Rosalind ave Roanoke, Virginia 24014 2 Ruth Visuete Perez From: Natalie Pien <info@email.actionnetwork.org> Sent: Tuesday, August 22, 2023 9:38 AM To: City Clerk Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and Council Members, While I am not a constituent, I urge you to please reject the application to rezone Fishburn Park. I am an environmentalist who recognizes that communities must be protected from adverse changes in land use, such as this application.The application does not match the intention of the contract or the amendment to restore an historic building into a coffee shop. The current zoning application added this clause: "The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound. The existing trees on the site will not be negatively affected by the proposed project." The Economic Development Department denied a request by the neighborhood to show members of council the house in 2018 because the building wasn't safe. Recently, a Class A contractor sent a statement to the Planning Commission that while the building wasn't structurally sound, it was salvageable and could be restored. The drawing for the project shows a wrap around deck where a large mature tree currently is. The zoning application specifies a commercial kitchen and two ADA bathrooms when a coffee shop only needs a warming kitchen and one ADA bathroom. The application also specifies that there could be an eating establishment as well as an eating and drinking establishment which would allow a restaurant and bar instead of a coffee shop. Duane Nealon (retired member, American Institute of Certified Planners) submitted a detailed comparison between Wasena Park and the Green Goat that a part of the Wasena commercial district and how a commercial enterprise in Fishburn Park is INCONSISTENT with the 1 surrounding residential part of the neighborhood because there no other commercial businesses near it. ADDITIONALLY, a professional licensed soil scientist who was hired to do an on-site evaluation discovered the proposed parking lot is too close to the Fishburn Park property line. The conclusion was that: "parking lot stormwater runoff would not have anything to prevent erosive water from leaving the separate property and onto its neighbor, Fishburn Park. The problem with more water flowing into fill material-soil is that it can become heavy-wet-unstable and slip down the hill...That defies Erosion and Sediment Control Regulations which do not allow erosive water and sediment onto neighbor's land." ! Please protect Fishburn Park by denying this application. Sincerely, Natalie Pien natcpien1@gmail.com 20644 Gleedsville Rd Leesburg , Virginia 20175 2 Ruth Visuete Perez From: Rose Hendricks <info@email.actionnetwork.org> Sent: Tuesday, August 22, 2023 9:00 AM To: City Clerk Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and Council Members, Please reject the application to rezone Fishburn Park. The application does not match the intention of the contract or the amendment to restore an historic building into a coffee shop. The current zoning application added this clause: `The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound. The existing trees on the site will not be negatively affected by the proposed project." The Economic Development Department denied a request by the neighborhood to show members of council the house in 2018 because the building wasn't safe. Recently, a Class A contractor sent a statement to the Planning Commission that while the building wasn't structurally sound, it was salvageable and could be restored. The drawing for the project shows a wrap around deck where a large mature tree currently is. The zoning application specifies a commercial kitchen and two ADA bathrooms when a coffee shop only needs a warming kitchen and one ADA bathroom. The application also specifies that there could be an eating establishment as well as an eating and drinking establishment which would allow a restaurant and bar instead of a coffee shop. Duane Nealon (retired member, American Institute of Certified Planners) submitted a detailed comparison between Wasena Park and the Green Goat that a part of the Wasena commercial district and how a commercial enterprise in Fishburn Park is INCONSISTENT with the surrounding residential part of the neighborhood because there no other commercial businesses near it. 1 ADDITIONALLY, a professional licensed soil scientist who was hired to do an on-site evaluation discovered the proposed parking lot is too close to the Fishburn Park property line. The conclusion was that: "parking lot stormwater runoff would not have anything to prevent erosive water from leaving the separate property and onto its neighbor, Fishburn Park. The problem with more water flowing into fill material-soil is that it can become heavy-wet-unstable and slip down the hill...That defies Erosion and Sediment Control Regulations which do not allow erosive water and sediment onto neighbor's land." ! Please protect Fishburn Park by denying this application. Sincerely, Rose Hendricks rohendricks©gmail.com 7221 Tyler Ave Falls Church, Virginia 22042 2 Ruth Visuete Perez From: Barbara Brandom <info@email.actionnetwork.org> Sent: Monday, August 21, 2023 10:35 PM To: City Clerk Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and Council Members, Please reject the application to rezone Fishburn Park. The application does not match the intention of the contract or the amendment to restore an historic building into a coffee shop. The current zoning application added this clause: "The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound. The existing trees on the site will not be negatively affected by the proposed project." The Economic Development Department denied a request by the neighborhood to show members of council the house in 2018 because the building wasn't safe. Recently, a Class A contractor sent a statement to the Planning Commission that while the building wasn't structurally sound, it was salvageable and could be restored. The drawing for the project shows a wrap around deck where a large mature tree currently is. The zoning application specifies a commercial kitchen and two ADA bathrooms when a coffee shop only needs a warming kitchen and one ADA bathroom. The application also specifies that there could be an eating establishment as well as an eating and drinking establishment which would allow a restaurant and bar instead of a coffee shop. Duane Nealon (retired member, American Institute of Certified Planners) submitted a detailed comparison between Wasena Park and the Green Goat that a part of the Wasena commercial district and how a commercial enterprise in Fishburn Park is INCONSISTENT with the surrounding residential part of the neighborhood because there no other commercial businesses near it. ADDITIONALLY, a professional licensed soil scientist who was hired to do an on-site evaluation discovered the proposed parking lot is too close to the Fishburn Park property line. The conclusion was that: "parking lot stormwater runoff would not have anything to prevent erosive water from leaving the separate property and onto its neighbor, Fishburn Park. The problem with more water flowing into fill material-soil is that it can become heavy-wet-unstable and slip down the hill...That defies Erosion and Sediment Control Regulations which do not allow erosive water and sediment onto neighbor's land." ! Please protect Fishburn Park by denying this application. Sincerely, Barbara Brandom bwb131252@gmail.com 1118 King Ave Pittsburgh, Pennsylvania 15206 2 Ruth Visuete Perez From: Freeda Cathcart <contactfreeda@gmail.com> Sent: Friday, September 1, 2023 1:47 PM To: City Clerk; Mayor; Sherman Lea;Joseph L. Cobb; Luke Priddy; Peter Volosin;Vivian Sanchez-Jones; Stephanie Moon;Trish White-Boyd Subject: [EXTERNAL] Legal question RE: Fishburn Park rezoning CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Dear Mayor Lea, Vice-Mayor Cobb, Ms. White-Boyd, Ms. Moon Reynolds, Mr. Priddy, Mr Volosin, Ms. Sanchez-Jones and Ms. McCoy, Please reverse your decision to approve the Fishburn Park rezoning application. You need to find out if there are any legal possibilities to protect the historic house. There are serious concerns about the historic house not being protected from being demolished. The Council has the right and responsibility to review the data and studies on the Fishburn Park project before approving the rezoning. There are also other concerns about approving a zoning application that would allow a restaurant/bar in that location listed below my sign off During the public hearing on Fishburn Park, Tim Spencer, the Roanoke City attorney said the concerns that the caretaker's cottage was in danger of being demolished was "fiction". He said that the vanBlaricoms would have to go back to council before they could demolish the house. While it's true that the vanBlaricoms would have to ask the city for permission, a team of lawyers and people with contract experience can't find any protection for the house to keep it from being demolished. It clearly says in the contract that the vanBlaricoms would have to get permission from the city to demolish the house. Then the recent zoning application that city council passed has this new clause in it: ""The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound." It doesn't appear that there is any legal remedy that council could use to deny a request to demolish the house if they are provided with proof that the house isn't structurally sound. The Roanoke City derelict building ordinance requires owners to either fix the issues or demolish the building. The stated reason for selling the 1.1 acres for$10 was supposed to be in exchange for the restoration of the historic house. There is nothing specified in the contract that should the house be found to not be structurally sound resulting in the house being demolished that the land will be returned to the city. It's unacceptable for the council to approve a rezoning application that could result in the loss of the historic house and parkland for only$10, especially since a RFP wasn't released to see what other proposals the city may have received. Sincerely, Freeda Cathcart Soil and Water Conservation District Director representing Roanoke City 540-598-7231 Concerns about restaurant/bar: i • Fishburn Park is the busiest after 5:00. That's the same time that restaurant/bars are the busiest. The traffic research was done for a coffee shop and didn't account for how a restaurant/bar would increase the parking problems. • The proposed parking location in the approved zoning application doesn't comply with Erosion and Sediment Regulations. The most environmentally appropriate place for the parking lot except for ADA would be next to Brambleton Ave where the storm water would be directed to a long riparian buffer instead of draining to the artesian spring which is the habitat for the endangered Roanoke logperch. The approved zoning application set aside the property next to Brambleton Ave as ROS preventing the parking lot from being placed at that location unless they applied for a variance to rezone it. Possible solutions: • A clause could be added where the land would be returned to the city if the vanBlaricoms aren't able to restore the house. The city could even consider reimbursing the vanBlaricoms for their expenses. • Require a traffic study for a restaurant/bar or remove the "eating and drinking establishment" as a possible use because the "eating establishment" that's in the zoning application is all that's required for a coffee shop. • In order to prevent commercial spread to the ROS 0.5 acres then they need to be protected by a conservation easement that needs to connect to the remaining 15 acres of Fishburn Park that aren't protected from being sold and developed. • Require necessary information for the parking locations so they are in compliance with environmental regulations. 2 Ruth Visuete Perez From: Monica LaFavor <info@email.actionnetwork.org> Sent: Friday, September 1, 2023 2:23 PM To: City Clerk Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and members of the Roanoke City Council, Please reverse your approval for the rezoning of Fishburn Park. Your legal counsel didn't give you complete information before you made your decision. The house isn't protected from being demolished and restoring the house was the purpose in giving away the 1.1 acres of parkland. The zoning application you approved had this new clause that was added: —The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound." Tim Spencer, Roanoke City's lawyer, dismissed the public's concerns about protecting the house from being demolished by assuring council that the house could only be destroyed if council approved it. How does the City handle derelict structures? https://roanokeva.qscend.com/311/knowledgebase/article/573 "In addition to posting the notice on the structure, the Inspector will also mail a "Notice of Unsafe Structure" to the property owner within one to two days of the original inspection indicating the date by which all violations must be corrected or by which the building must be demolished, and the consequences if the owner does not comply." It doesn't look like council could deny a request from the vanBlaricoms to demolish the house if it's structurally unsound based on local and state codes for derelict structures. If the council tried to deny their request then the city would probably lose in court. Since there's no legal remedy specified in the contract to return the land to the city, if they demolish the house then it 1 would be too late after the closing to ask them to return the land. They would have legally obtained the parkland and there's no obligation to return it. Based on the passed zoning application, the house could be demolished and the vanBlaricoms would have the legal right to build an "eating and drinking establishment" which the zoning ordinance defines as being able to sell alcohol on the premises, hence a restaurant/bar. The city didn't send out a call for proposals on the house and property to give the public the opportunity to bid on the property. On the same day council approved the Fishburn Park rezoning, a half acre commercial lot on the same road sold after two months for$425,000 at the listing price. The property's tax assessment value is $330,000. There were two other parties vying to purchase the property and the real estate agent said that was because there weren't many opportunities to purchase commercial real estate in that popular area. The city has given an unfair advantage to purchase valuable commercial real estate for only $10 without protecting the public's interest in restoring an historic house. If you don't reverse your vote then you will be responsible for giving away the public's wealth to benefit the personal wealth of a couple without giving other people the opportunity to bid on the property and to restore the historic house. Please reverse your vote and fulfill your duty to protect the public's interest. Sincerely, Monica LaFavor Monica LaFavor thelafavors@verizon.net 2509 Sweetbrier Avenue Roanoke, Virginia 24015 2 Ruth Visuete Perez From: fred fox <info@email.actionnetwork.org> Sent: Friday, September 1, 2023 2:23 PM To: City Clerk Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and members of the Roanoke City Council, Please reverse your approval for the rezoning of Fishburn Park. Your legal counsel didn't give you complete information before you made your decision. The house isn't protected from being demolished and restoring the house was the purpose in giving away the 1.1 acres of parkland. The zoning application you approved had this new clause that was added: —The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound." Tim Spencer, Roanoke City's lawyer, dismissed the public's concerns about protecting the house from being demolished by assuring council that the house could only be destroyed if council approved it. How does the City handle derelict structures? https://roanokeva.qscend.com/311/knowledgebase/article/573 "In addition to posting the notice on the structure, the Inspector will also mail a "Notice of Unsafe Structure" to the property owner within one to two days of the original inspection indicating the date by which all violations must be corrected or by which the building must be demolished, and the consequences if the owner does not comply." It doesn't look like council could deny a request from the vanBlaricoms to demolish the house if it's structurally unsound based on local and state codes for derelict structures. If the council tried to deny their request then the city would probably lose in court. Since there's no legal remedy specified in the contract to return the land to the city, if they demolish the house then it i would be too late after the closing to ask them to return the land. They would have legally obtained the parkland and there's no obligation to return it. Based on the passed zoning application, the house could be demolished and the vanBlaricoms would have the legal right to build an "eating and drinking establishment" which the zoning ordinance defines as being able to sell alcohol on the premises, hence a restaurant/bar. The city didn't send out a call for proposals on the house and property to give the public the opportunity to bid on the property. On the same day council approved the Fishburn Park rezoning, a half acre commercial lot on the same road sold after two months for$425,000 at the listing price. The property's tax assessment value is $330,000. There were two other parties vying to purchase the property and the real estate agent said that was because there weren't many opportunities to purchase commercial real estate in that popular area. The city has given an unfair advantage to purchase valuable commercial real estate for only $10 without protecting the public's interest in restoring an historic house. If you don't reverse your vote then you will be responsible for giving away the public's wealth to benefit the personal wealth of a couple without giving other people the opportunity to bid on the property and to restore the historic house. Please reverse your vote and fulfill your duty to protect the public's interest. Sincerely, fred fox natureb774@aol.com 2530 sweetbrier ave roanoke, Virginia 24015 2 Ruth Visuete Perez From: Joshua LaFavor <info@email.actionnetwork.org> Sent: Friday, September 1, 2023 2:24 PM To: City Clerk Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and members of the Roanoke City Council, Please reverse your approval for the rezoning of Fishburn Park. Your legal counsel didn't give you complete information before you made your decision. The house isn't protected from being demolished and restoring the house was the purpose in giving away the 1.1 acres of parkland. The zoning application you approved had this new clause that was added: —The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound." Tim Spencer, Roanoke City's lawyer, dismissed the public's concerns about protecting the house from being demolished by assuring council that the house could only be destroyed if council approved it. How does the City handle derelict structures? https://roanokeva.qscend.com/311/knowledgebase/article/573 "In addition to posting the notice on the structure, the Inspector will also mail a "Notice of Unsafe Structure" to the property owner within one to two days of the original inspection indicating the date by which all violations must be corrected or by which the building must be demolished, and the consequences if the owner does not comply." It doesn't look like council could deny a request from the vanBlaricoms to demolish the house if it's structurally unsound based on local and state codes for derelict structures. If the council tried to deny their request then the city would probably lose in court. Since there's no legal remedy specified in the contract to return the land to the city, if they demolish the house then it 1 would be too late after the closing to ask them to return the land. They would have legally obtained the parkland and there's no obligation to return it. Based on the passed zoning application, the house could be demolished and the vanBlaricoms would have the legal right to build an "eating and drinking establishment" which the zoning ordinance defines as being able to sell alcohol on the premises, hence a restaurant/bar. The city didn't send out a call for proposals on the house and property to give the public the opportunity to bid on the property. On the same day council approved the Fishburn Park rezoning, a half acre commercial lot on the same road sold after two months for$425,000 at the listing price. The property's tax assessment value is $330,000. There were two other parties vying to purchase the property and the real estate agent said that was because there weren't many opportunities to purchase commercial real estate in that popular area. The city has given an unfair advantage to purchase valuable commercial real estate for only $10 without protecting the public's interest in restoring an historic house. If you don't reverse your vote then you will be responsible for giving away the public's wealth to benefit the personal wealth of a couple without giving other people the opportunity to bid on the property and to restore the historic house. Please reverse your vote and fulfill your duty to protect the public's interest. Sincerely, Josh LaFavor Joshua LaFavor threelazydogs@icloud.com 2509 Sweetbrier Avenue Roanoke, Virginia 24015 2 Ruth Visuete Perez From: Cynthia Munley <cmunley@live.com> Sent: Friday, September 1, 2023 2:36 PM To: City Clerk Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and members of the Roanoke City Council, Please reverse your approval for the rezoning of Fishburn Park. Your legal counsel didn't give you complete information before you made your decision. The house isn't protected from being demolished and restoring the house was the purpose in giving away the 1.1 acres of parkland. The zoning application you approved had this new clause that was added: —The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound." Tim Spencer, Roanoke City's lawyer, dismissed the public's concerns about protecting the house from being demolished by assuring council that the house could only be destroyed if council approved it. How does the City handle derelict structures? https://roanokeva.qscend.com/311/knowledgebase/article/573 "In addition to posting the notice on the structure, the Inspector will also mail a "Notice of Unsafe Structure" to the property owner within one to two days of the original inspection indicating the date by which all violations must be corrected or by which the building must be demolished, and the consequences if the owner does not comply." It doesn't look like council could deny a request from the vanBlaricoms to demolish the house if it's structurally unsound based on local and state codes for derelict structures. If the council 1 tried to deny their request then the city would probably lose in court. Since there's no legal remedy specified in the contract to return the land to the city, if they demolish the house then it would be too late after the closing to ask them to return the land. They would have legally obtained the parkland and there's no obligation to return it. Based on the passed zoning application, the house could be demolished and the vanBlaricoms would have the legal right to build an "eating and drinking establishment" which the zoning ordinance defines as being able to sell alcohol on the premises, hence a restaurant/bar. The city didn't send out a call for proposals on the house and property to give the public the opportunity to bid on the property. On the same day council approved the Fishburn Park rezoning, a half acre commercial lot on the same road sold after two months for$425,000 at the listing price. The property's tax assessment value is $330,000. There were two other parties vying to purchase the property and the real estate agent said that was because there weren't many opportunities to purchase commercial real estate in that popular area. The city has given an unfair advantage to purchase valuable commercial real estate for only $10 without protecting the public's interest in restoring an historic house. If you don't reverse your vote then you will be responsible for giving away the public's wealth to benefit the personal wealth of a couple without giving other people the opportunity to bid on the property and to restore the historic house. Please reverse your vote and fulfill your duty to protect the public's interest. Sincerely, Cynthia Munley cmunley@live.com 425 Roanoke Boulevard, Salem, VA, USA Salem, Virginia 24153 2 Ruth Visuete Perez From: Harriet Hirsch <info@email.actionnetwork.org> Sent: Friday, September 1, 2023 11:12 AM To: City Clerk Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and members of the Roanoke City Council, Please reverse your approval for the rezoning of Fishburn Park. Your legal counsel didn't give you complete information before you made your decision. The house isn't protected from being demolished and restoring the house was the purpose in giving away the 1.1 acres of parkland. The zoning application you approved had this new clause that was added: —The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound." Tim Spencer, Roanoke City's lawyer, dismissed the public's concerns about protecting the house from being demolished by assuring council that the house could only be destroyed if council approved it. How does the City handle derelict structures? https://roanokeva.qscend.com/311/knowledgebase/article/573 "In addition to posting the notice on the structure, the Inspector will also mail a "Notice of Unsafe Structure" to the property owner within one to two days of the original inspection indicating the date by which all violations must be corrected or by which the building must be demolished, and the consequences if the owner does not comply." It doesn't look like council could deny a request from the vanBlaricoms to demolish the house if it's structurally unsound based on local and state codes for derelict structures. If the council tried to deny their request then the city would probably lose in court. Since there's no legal remedy specified in the contract to return the land to the city, if they demolish the house then it 1 would be too late after the closing to ask them to return the land. They would have legally obtained the parkland and there's no obligation to return it. Based on the passed zoning application, the house could be demolished and the vanBlaricoms would have the legal right to build an "eating and drinking establishment" which the zoning ordinance defines as being able to sell alcohol on the premises, hence a restaurant/bar. The city didn't send out a call for proposals on the house and property to give the public the opportunity to bid on the property. On the same day council approved the Fishburn Park rezoning, a half acre commercial lot on the same road sold after two months for$425,000 at the listing price. The property's tax assessment value is $330,000. There were two other parties vying to purchase the property and the real estate agent said that was because there weren't many opportunities to purchase commercial real estate in that popular area. The city has given an unfair advantage to purchase valuable commercial real estate for only $10 without protecting the public's interest in restoring an historic house. If you don't reverse your vote then you will be responsible for giving away the public's wealth to benefit the personal wealth of a couple without giving other people the opportunity to bid on the property and to restore the historic house. Please reverse your vote and fulfill your duty to protect the public's interest. Sincerely, Harriet Hirsch harrietjeanhirsch@gmail.com 711 Massey Lane, Unit A Alexandria, Virginia 22314 2 Ruth Visuete Perez From: Sher Lantz <sjlantz@verion.net> Sent: Monday, September 4, 2023 8:37 AM To: City Clerk Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION:This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and members of the Roanoke City Council, Please reverse your approval for the rezoning of Fishburn Park. Your legal counsel didn't give you complete information before you made your decision. The house isn't protected from being demolished and restoring the house was the purpose in giving away the 1.1 acres of parkland. The zoning application you approved had this new clause that was added: "The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound." Tim Spencer, Roanoke City's lawyer, dismissed the public's concerns about protecting the house from being demolished by assuring council that the house could only be destroyed if council approved it. How does the City handle derelict structures? https://roanokeva.qscend.com/311/knowledgebase/article/573 "In addition to posting the notice on the structure,the Inspector will also mail a "Notice of Unsafe Structure"to the property owner within one to two days of the original inspection indicating the date by which all violations must be corrected or by which the building must be demolished, and the consequences if the owner does not comply." It doesn't look like council could deny a request from the vanBlaricoms to demolish the house if it's structurally unsound based on local and state codes for derelict structures. If the council tried to deny their request then the city would probably lose in court. Since there's no legal remedy specified in the contract to return the land to the city, if they demolish the house then it would be too late after the closing to ask them to return the land.They would have legally obtained the parkland and there's no obligation to return it. Based on the passed zoning application,the house could be demolished and the vanBlaricoms would have the legal right to build an "eating and drinking establishment" which the zoning ordinance defines as being able to sell alcohol on the premises, hence a restaurant/bar. The city didn't send out a call for proposals on the house and property to give the public the opportunity to bid on the property. On the same day council approved the Fishburn Park rezoning, a half acre commercial lot on the same road sold after two months for$425,000 at the listing price.The property's tax assessment value is$330,000. There were two other parties vying to purchase the property and the real estate agent said that was because there weren't many opportunities to purchase commercial real estate in that popular area. The city has given an unfair advantage to purchase valuable commercial real estate for only$10 without protecting the public's interest in restoring an historic house. If you don't reverse your vote then you will be responsible for giving away the public's wealth to benefit the personal wealth of a couple without giving other people the opportunity to bid on the property and to restore the historic house. Please reverse your vote and fulfill your duty to protect the public's interest. 1 The traffic that would be generated by this business does not belong in an area which already has an overload, particularly with the curves and hills so near a school zone. Sincerely, Sher Lantz sjlantz@verion.net 2602 Grandin Rd., SW Roanoke,Virginia 24015 <https://click.actionnetwork.org/ss/o/sKxQ9Tusut-gXiwfMaIEaQ/3zb/nXi2APr6Rb-ja8g6mUhcnw/ho.gif> 2 Ruth Visuete Perez From: Sharon Mirtaheri <theshasha@comcast.net> Sent: Saturday, September 2, 2023 10:25 AM To: City Clerk Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION:This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and members of the Roanoke City Council, Please reverse your approval for the rezoning of Fishburn Park. Your legal counsel didn't give you complete information before you made your decision. The house isn't protected from being demolished and restoring the house was the purpose in giving away the 1.1 acres of parkland. The zoning application you approved had this new clause that was added: "The historic caretaker's cottage,which is badly deteriorated, will be renovated and preserved if found to be structurally sound." Tim Spencer, Roanoke City's lawyer, dismissed the public's concerns about protecting the house from being demolished by assuring council that the house could only be destroyed if council approved it. How does the City handle derelict structures? https://roanokeva.qscend.com/311/knowledgebase/article/573 "In addition to posting the notice on the structure,the Inspector will also mail a "Notice of Unsafe Structure"to the property owner within one to two days of the original inspection indicating the date by which all violations must be corrected or by which the building must be demolished, and the consequences if the owner does not comply." It doesn't look like council could deny a request from the vanBlaricoms to demolish the house if it's structurally unsound based on local and state codes for derelict structures. If the council tried to deny their request then the city would probably lose in court. Since there's no legal remedy specified in the contract to return the land to the city, if they demolish the house then it would be too late after the closing to ask them to return the land. They would have legally obtained the parkland and there's no obligation to return it. Based on the passed zoning application,the house could be demolished and the vanBlaricoms would have the legal right to build an "eating and drinking establishment"which the zoning ordinance defines as being able to sell alcohol on the premises, hence a restaurant/bar. The city didn't send out a call for proposals on the house and property to give the public the opportunity to bid on the property. On the same day council approved the Fishburn Park rezoning, a half acre commercial lot on the same road sold after two months for$425,000 at the listing price.The property's tax assessment value is$330,000. There were two other parties vying to purchase the property and the real estate agent said that was because there weren't many opportunities to purchase commercial real estate in that popular area. The city has given an unfair advantage to purchase valuable commercial real estate for only$10 without protecting the public's interest in restoring an historic house. If you don't reverse your vote then you will be responsible for giving away the public's wealth to benefit the personal wealth of a couple without giving other people the opportunity to bid on the property and to restore the historic house. Please reverse your vote and fulfill your duty to protect the public's interest. 1 Sincerely,Sharon Mirtaheti Sharon Mirtaheri theshasha@comcast.net 3616 spring road sw Roanoke,Virginia 34015 <https://click.actionnetwork.org/ss/o/sKxQ9Tusut-gXiwfMaIEaQ/3z9/W8Z28agTTBKN-rq_vxTaxg/ho.gif> 2 Ruth Visuete Perez From: Bob Clement <info@email.actionnetwork.org> Sent: Saturday, September 2, 2023 11:30 AM To: City Clerk Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and members of the Roanoke City Council, As one whom I elected to best represent my interests in city affairs, I am asking you to reverse your approval for the rezoning of Fishburn Park until you can insure that this structure cannot be demolished as the current agreement between the city allows as it is my understanding the current agreement does not 100% guarantee that the structure is protected from being demolished. The zoning application you most recently approved has this new clause that was added: —The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved IF found to be structurally sound." Tim Spencer, Roanoke City's lawyer, dismissed the public's concerns about protecting the house from being demolished by verbally assuring council that the house could only be destroyed if council approved it. But is this language that Tim refers to written into the agreement to be signed? For we all know, once a property falls within the hands of a private entity, legally the owners can do what they want to with the property regardless of any public outcry thst might take place.... case in point, the American Theatre'? ....or Penn Station in NY?...to mention a frw that come to mind. As such, the way the current agreement reads, the vanBlaricoms could demolish the house as owners of the property if they desired to do so, and construct a structure designed of their choosing that could alter the streetscape of the park entrance for years to come. 1 If city or council attempts to deny their demolition request, the city would probably lose in court since there's no legal remedy specified in the contractual agreement preventing them from demolishing the structure. Based on the wordage included in the Council-passed zoning application, the house could be demolished and the vanBlaricoms would have the legal right to build an "eating and drinking establishment" which the city's zoning ordinance defines as being able to sell alcohol on the premises, hence a restaurant/bar. I am asking Council to reverse your vote, and to fulfill your duty to protect the public's interest until such time language can be included in the agreement by the City to protect this historic structure from being demolished. Thank you! Bob Bob Clement bclement24016©gmail.com 115 Mountain Ave SW Rianoke, Virginia 24016 2 Ruth Visuete Perez From: Jared Gordon <info@email.actionnetwork.org> Sent: Saturday, September 2, 2023 1:08 PM To: City Clerk Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and members of the Roanoke City Council, Please reverse your approval for the rezoning of Fishburn Park. Your legal counsel didn't give you complete information before you made your decision. The house isn't protected from being demolished and restoring the house was the purpose in giving away the 1.1 acres of parkland. The zoning application you approved had this new clause that was added: "The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound." Tim Spencer, Roanoke City's lawyer, dismissed the public's concerns about protecting the house from being demolished by assuring council that the house could only be destroyed if council approved it. How does the City handle derelict structures? https://roanokeva.qscend.com/311/knowledgebase/article/573 "In addition to posting the notice on the structure, the Inspector will also mail a "Notice of Unsafe Structure"to the property owner within one to two days of the original inspection indicating the date by which all violations must be corrected or by which the building must be demolished, and the consequences if the owner does not comply." It doesn't look like council could deny a request from the vanBlaricoms to demolish the house if it's structurally unsound based on local and state codes for derelict structures. If the council tried to deny their request then the city would probably lose in court. Since there's no legal remedy specified in the contract to return the land to the city, if they demolish the house then it 1 would be too late after the closing to ask them to return the land. They would have legally obtained the parkland and there's no obligation to return it. Based on the passed zoning application, the house could be demolished and the vanBlaricoms would have the legal right to build an "eating and drinking establishment"which the zoning ordinance defines as being able to sell alcohol on the premises, hence a restaurant/bar. The city didn't send out a call for proposals on the house and property to give the public the opportunity to bid on the property. On the same day council approved the Fishburn Park rezoning, a half acre commercial lot on the same road sold after two months for$425,000 at the listing price. The property's tax assessment value is $330,000. There were two other parties vying to purchase the property and the real estate agent said that was because there weren't many opportunities to purchase commercial real estate in that popular area. The city has given an unfair advantage to purchase valuable commercial real estate for only $10 without protecting the public's interest in restoring an historic house. If you don't reverse your vote then you will be responsible for giving away the public's wealth to benefit the personal wealth of a couple without giving other people the opportunity to bid on the property and to restore the historic house. Please reverse your vote and fulfill your duty to protect the public's interest. Sincerely, Jared Gordon jaredgordon619@gmail.com 2574 Creston Ave SW Roanoke, Virginia 24015 2 Ruth Visuete Perez From: Freeda Cathcart <contactfreeda@gmail.com> Sent: Sunday, September 3, 2023 10:17 PM To: City Clerk; Mayor; Sherman Lea;Joseph L. Cobb;Trish White-Boyd; Stephanie Moon; Luke Priddy; Peter Volosin;Vivian Sanchez-Jones Subject: [EXTERNAL] Update on husband and important information Attachments: Duane Nealon_Comments-2424 Brambleton Avenue_Zoning Amendment Application 8-8-23 (2).pdf; Letter of Site Assessment of Fishburn Park.docx; Shelley Himel email to Parks & Rec Chair.pdf CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Dear Dear Mayor Lea, Vice-Mayor Cobb, Ms. White-Boyd, Ms. Moon Reynolds, Mr. Priddy, Mr Volosin, Ms. Sanchez-Jones and Ms. McCoy, I appreciate all the support my husband and our family have received during this very challenging and intense time. I finally created a website so people can go to it for updates on his progress. Here's part of the first post: " He will start the third cycle on Sept. 6. Before he started chemo he was having trouble swallowing liquids. Now he's eating solids! Before the chemo he was losing weight precipitously and losing blood where he needed 2 units of blood a week. Now his weight has stabilized and it looks like he's stopped losing blood! Please pray that Clinton continues to do well with the chemotherapy and that it leads to remission on the way to him joining the survivor club. " Clinton has been and will remain my top priority as he continues his journey to wellness. I will continue to fulfill my other obligations as best as I am able. Since the media's coverage of the challenges to our neighborhood association, experts who live outside of our neighborhood have reached out to us about their concerns regarding the contract to purchase the Fishburn Park cottage/land and the rezoning application. They found flaws in the rezoning application that need to be corrected before it's approved. Attached are their submissions and here are some excerpts about the problems they identified: From Duane Nea Ion, retired member,American Institute of Certified Planners: "It is evident that the building is structurally unsound. Will the Applicant, after property transfer, "eventually" determine that demolition is the only recourse? The application states that"[t]he historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved IF found to be structurally sound."The subject property is severely deteriorated. A 2017 Zoning Amendment Application was withdrawn because of the prohibitive cost of building repairs. Recently, Class A construction contractors inspected the building and concluded that the foundation, floor and roof framing repairs, as well as extensive interior/exterior"gut-rehab," window resizing and door/window replacement would be required....Why not require a structural engineer report PRIOR to deciding to approve this Application?" From Shelley Himel, retired lawyer with decades of contract experience: i "The sale contract for the tract does explicitly mention demolition, as you can see, in Section 4 B 13 set out below, and the only limitation is that the City approve it. Of course, this is true only until the land is deeded away; once that happens the City has no right to control what happens to the cottage. The vanBlaricoms say in their June application that they now need a feasibility study to see if they even can restore the building, but have not let the City know what their findings are. Whether this study says they can or cannot protect the building, the City needs to know exactly what their plans are before it gives away the land because once the tract is given away there is no real way to get it back.... The contract expressly says the City can ask for and get, promptly and free of any charge, copies of any and all studies, tests, examinations etc. the vanBlaricoms or their agents conduct regarding the Park property." From Nan Gray, Licensed Professional Soil Scientist: "That is, a parking lot stormwater runoff would not have anything to prevent erosive water from leaving the separate property and onto its neighbor, Fishburn Park... That defies Erosion and Sediment Control Regulations which do not allow erosive water and sediment onto a neighbor's land." Conclusion: Please reverse your approval of the zoning application until these issues are resolved to protect the public's interest. Twice the council has approved amendments to the contract to help the vanBlaricoms. The people deserve the same consideration to protect their interests. In addition to concerns about the house being demolished, they also have concerns about parking and traffic issues especially late afternoon if the vanBlaricoms exercise the right in the zoning application to have a restaurant/bar. Thank you for your attention to this matter, Freeda Cathcart Soil and Water Conservation District Director representing Roanoke City 540-598-7231 2 Duane Nealon (retired member,American Institute of Certified Planners) 2628 Avenel Avenue SW, Roanoke,VA 24015 Comments:2424 Brambleton Avenue-Fishburn Park-Zoning Amendment Application 1. Creating a MXPUD1 economic development zone and introducing commercial development within Fishburn Park is a shortsighted, precarious action that will deny current and future generations of this cherished natural resource. Parks and recreation are among the primary attributes of the city and region, which have spurred growth and contributed to the enhancement of community wellbeing. In the case of the Shrine Hill- Fishburn Park Green Corridor2 the Planning Commission should realize and work to preserve the essential quality inherent in this natural setting. 2. With the exception of the Carilion Clinic Park View health facility and Educational Institutions, all of the surrounding land use around Fishburn Park is low density residential. Blue Ridge PBS is the only example of mixed use commercial land use for an extended radius beyond the immediate surrounding neighborhoods.3 The introduction of commercial development in Fishburn Park would be detrimental and extremely inappropriate to the low density residential land use and the beautiful, peaceful natural park setting. The actual building site is environmentally sensitive because the narrow ridge and sloping contours are prone to erosion and runoff leading to a nearby stream. The site also provides an vital pocket of open space that should remain part of the park—a small private area to play and relax.4 Fishburn Park is special in that it is part of a Green Corridor that begins at the Murray Run Greenway at the Shrine Hill Park on Grandin Avenue and continues across Brambleton Avenue to Fishburn Park—thereby interconnecting this expansive network of unpaved trails, woodlands, streams and wildlife habitat, and other well used recreational resources (tennis and basketball courts, ball fields, running track, Frisbee golf course, playgrounds, pavilions, restrooms, benches/picnic tables, and cooking grills.) This Green Corridor also joins the outdoor resources associated with Patrick Henry School, Roanoke Valley Governor's School, Roanoke Technical Education with James Madison Middle School, Fishburn Park Elementary School and Virginia Western Community College. The vast area of contiguous residential neighborhoods surrounding 1 See Attachment 1. Proffered Use Limitation-June 26,2023 Zoning Amendment Application 2 See Attachment 2.Shrine Hill-Fishburn Park Green Space 3 See Attachment 3.Area Zoning Map 4 See Attachment 4.Open Space Pocket August 8,2023 Page 1 Duane Nealon (retired member,American Institute of Certified Planners) 2628 Avenel Avenue SW, Roanoke,VA 24015 Comments:2424 Brambleton Avenue-Fishburn Park-Zoning Amendment Application the Murray Run Greenway provides unparalleled pedestrian access to this trove of recreational opportunities through 10+ miles of connecting trails. SHRINE HILL- s�"°. ' s e FISHBURN PARKA €� GREEN SPACE " #; ` "; V„eCic TAT' cc. /' s , 3. The proposed site for rezoning is in an environmentally sensitive area within Fishburn Park, with a historically significant two-story cape style home (no dormers) that contains approximately 1,500 square feet of living space and is situated on a high knoll, prominently visible from Brambleton Avenue. This wooden building is over 130 years old, has been neglected for decades, and requires EXTENSIVE repairs. 4. It is evident that the building is structurally unsound. Will the Applicant, after property transfer, "eventually"determine that demolition is the only recourse? The application states that "[t]he historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved IF found to be structurally sound."5 The subject property is severely deteriorated. A 2017 Zoning Amendment Application was withdrawn because of the prohibitive cost of building repairs. Recently, Class A construction contractors inspected the building and concluded that the foundation, floor and roof framing repairs, as well as extensive interior/exterior "gut-rehab," window resizing and door/window replacement would be required. In addition, this contractor's scope of work did not include the extensive parking area, driveway and deck construction proposed by the Applicant. The application states that "[t]he cottage has been empty for nearly 25 years and is in a badly deteriorated condition. The 5 June 26,2023 Zoning Amendment Application,Adherence with MXPUD Design Objectives: (6)Encourage the preservation of steep slopes,flood plains,historic structures and areas,and unique natural,or geographic formations. August 8,2023 Page 2 s Duane Nealon (retired member,American Institute of Certified Planners) 2628 Avenel Avenue SW, Roanoke,VA 24015 Comments:2424 Brambleton Avenue-Fishburn Park-Zoning Amendment Application building needs to be evaluated by a structural engineer as a number of structural deficiencies are readily apparent. Much of the foundation will need to be rebuilt due to deteriorated masonry and/or insect damage and rot, and areas of the siding need replacement. Sections of the porch and interior floors will need to be reinforced to meet commercial load requirements and/or replaced due to rot. The chimneys need repair and a new electrical service is required.6" Why not require a structural engineer report PRIOR to deciding to approve this application? 5. The March 27, 2023 and June 26, 2023 Zoning Amendment applications lack essential information to evaluate the potential physical impact and financial feasibility/solvency of the proposed commercial activities. No traffic impact analysis, environmental impact analysis, development budget, operating budget, business plan, basic operational detail (applicable relevant business experience of proposed activities, days/hours of operation, number of employees, etc.) or basic interior floor plans have been submitted for review with the application.' For example, days/hours of operation and number of employees, and some understanding of commercial vehicle traffic on site would be essential information in evaluating traffic impact and design needs. Access road dimensions are not noted on the site plans, but nominal trip generation weekday data is included. Even with this nominal data source it is estimated that approximately .65 vehicles per minute will enter or exit the "coffee shop" from the existing access road to Brambleton Avenue. • Are seven (7) customer parking spaces (including one ADA reserved) adequate? • Is the minimal parking area adequate to accommodate the demands of supply delivery and refuse disposal trucks? • Where will the two parking spaces for Food Truck spaces noted in the March 27, 2023 Zoning Amendment applications be located? • How will the merging traffic from the Park parking lot, with the traffic from the "coffee shop," be safely managed both internally on site, and more importantly, at the Brambleton Avenue street access? • There has been no assessment of the impact to overflow Special Events parking or pedestrian traffic as the result of this proposed zoning change. 6 June 26,2023 Zoning Amendment Application, Proposed Improvements to the Property See Attachment 5.Fishburn Park Brambleton Avenue Access August 8,2023 Page 3 Duane Nealon(retired member,American Institute of Certified Planners) 2628 Avenel Avenue SW, Roanoke,VA 24015 Comments:2424 Brambleton Avenue-Fishburn Park-Zoning Amendment Application 6. In stark contrast to the Fishburn Park site proposal, the Green Goat is an excellent example of appropriate adaptive reuse. The property was properly sealed and protected while vacant8 and transferred in October 2014. Renovation permits were obtained in November 2015. Project final inspection in September 2015. Over $17,000 in real estate tax revenue has been collected for this project to date.9 The business seems to be thriving with additional public revenues generated through sales tax. The property is located on Wiley Drive next to the Wasena Bridge abutment with a view of the Roanoke River and Greenway Path. The Green Goat land use is completely compatible with the existing commercial land uses of this neighborhood10 and will no doubt contribute to the success of this commercially mixed neighborhood. Recommendations: Please take the time to solicit and consider alternative proposals for this site through a well published Request for Proposals (RFP). Proposals that address the physical repairs to the building, the preservation and continual public access to this open space pocket within the park, and long-term appropriate use of the restored building. There are many volunteers that assist in maintaining the city and regional park trail systems; there are numerous cycling, hiking and other recreational oriented clubs; there are many appropriate activities and special events that could all use the restored building and grounds that would be appropriate and compatible with preserving the amenities of this site. The ways and means can be worked through to obtain the desired outcome. Please reflect on the great city planning heritage ushered in by the 1928 Comprehensive Plan (assisted by the eminent planner John Nolen) that defined the gracious neighborhoods and park system that makes Roanoke so livable and appealing today. Roanoke has a great tradition of good city planning. I appreciate the city design every day in my daily bike/hikes along the green ways and parks, and bus rides downtown to the new terminal. Small incremental decisions can corrode the fabric and inject blighting influences. Seemingly inconsequential actions today may become monumental in the future. 8 See Attachment 6.Property Condition Prior to Transfer 9 City of Roanoke Assessor Records 10 See Attachment 7.Green Goat Land Use August 8,2023 Page 4 ATTACHMENT 1. PROFFERED USE LIMITATION-2424 Brambleton Avenue,Zoning Amendment Application 6-26-23 Proffered Use Limitations: The applicants grew up in southwest Roanoke City and reside there with their three children.As they value the concerns of the neighbors and the neighborhood association members, and desire to add value to the neighborhood culture that already exists,they voluntarily proffer to restrict the uses of the property as listed below and as shown on the Development Plan. The 1.1 acre parcel will be divided into two areas.The southeastern 0.6 acre portion of the site will be designated as Area A,as shown on the Development Plan. MXPUD permitted uses on Area A will be limited as a voluntary proffer to the uses listed below: l Office,general or professional CI Community market i Bakery, confectionary,or similar food production ID Retail CI Club, lodge,civic,or social organization CI Community center El Eating establishment abutting a residential district 0 Eating and drinking establishment abutting a residential district 0 Meeting hall CI Artist studio CI Community garden II Accessory uses, not otherwise listed. The northwestern 0.5 acre portion of the site will be designated as Area B,as shown on the Development Plan.Permitted uses on Area B will be limited as a voluntary proffer to the uses listed below: 0 Park or Playground CI Botanical Garden or Arboretum ID Community Market with no permanent structures CI Community garden 0 Accessory uses, not otherwise listed. 1 j � /AREA A % j I • ba �y - ATTACHMENT 2. av Shrine Hill Fishburn Park Green Space jp -„ ' 44 , --' 4 , ': ,,....,1...4...1...4.....7., „0.,...,,-,: , , ,'' 4,-,z, .� Tr ?;*T- : i* ` t 4 Y tit + ,��ayi t ' p .4 r „, i ., • t < x > ., .. 8. '---: SHRINE HILL- - sr�a b FISHBURN PARK41:1 ow as 'z'1 T.- GREEN SPACE ; ` '' ��e\'"®y � " ,t. v�t�E _ '� If Woodlawn Natural < Reserve A M b t10 c `»� j ; .a Grandin ..0 ' - _Adel" ' �t CourtRecCenter ,. - _ *or < 4 - • , 1 to ": .. * t - *.. t - !-mot •_ yfurray'Run Greeph ' # t. * �i }¢ j 1„!`r Fishburn Park .* x w ATTCHMENT 3.AREA ZONING MAP ATTACHMENT 3.AREA ZONING MAP irieuD Institutional I ROS Recreation Planned Unit Dev . Source: City of Roanoke GIS and OpenSpace � j ., R 5 Rees - RMF(c) Res Multifamily , Single`Family R,,12 Res'. - "4-Conditional t* - - i Single Family� Ord#33686 , -i Dev Conditio nal ROS Recreation ,Ord#41769A61520 tl� and-Open Space , . '- - Or-d#38143 061608 - �' ,‘ y - R-7:-Res - a Smg a Famity - °�� Single Family x 3 a Institutional, S t » - :. � '!•,� MX.Mixed Use .,r. 4 r" � „�� �. ', "4.4 ', ROS:Recreation it {4 ,� �P *�, and Open Space q , y RMF Res 'INPUD Institutional Multifamily . Planned Unit Dev " '^ - - ROS:Recreation 1 Ord#40064 091514g� a.- '� ' �" ,t and Open Space - & MX: ' _ ' INPUD Institutional .,a Planned Unit Rey F ^�, X - INPUD Institutional , -- -Planned Un t[lei/ _ - m R SRes Ord#38631 102209 x :- > R-7>Res ,tt '€., m Single Famil �' Co CN Single-Family Commercial Neighborhood A ' #' a, 4, s ,NI; Mixed Use - - � s� ' y RM 2' lea- ¢ " .r ` ,. ..�Res MXMixed '- t ' MXPUDMix Mixed Density Use #;�t _ =yz, ? °- n Planned Un r. b ". 3 _ MXPUD Mixed Use Ord#39851-r +pW� IN Institutional Institutiona IN l 4 i � - Planned Um Dever U Ord#371o8-081505 ftdXPUD Mixed Planned Unit De � ; .„ Ord#38318-12150 "MXPUD Mixed U CN , n^` v- -- - er P acne Unit D v -Commnier� ercial-Neighborhood 3 .R,12 Res Ord#35152-120400 R 5 Res Single' Family,. - MX� RM-2: _ _ MXPUD:Mi Re Mixed Single`-Family - - - Planned U Mixed - RMF Res - De nsity Ord#37190 E%7t13'sa Mult Res = t Approximate location of land within Fishburn Park that a Zoning Amendment Application is pending to change the zoning from RECREATION and OPEN SPACE to new MXPUD zone,which would allow,among other uses:Offices,Retail,Eating/Drinking Establishments,Bakery,Meeting Hall,Community Market,etc. .i O1 yN VMM' f I. /------------ oaf..T oN N f ? I , 1 1 �� pV�r " e 44,8 7 S y i , 11/)f d 'b 2 i "�e" Y�r a ` a k >±M W j :ii, „ / ,fa*crat,' d. N. yN. e z V Q? g e „ (7 c o h di ok' W W it I ±-7/ , I \I\ Li Z Ae 9a Y j , W 9 m a- f C m 9 ------------------- 111 a-- �, Y I s s 1114 Y / '4' 13 (----- W 6 W W N ATTACHMENT 4.OPEN SPACE POCKET a I .0. 111 i , . • This expanse of open space,with sloping � topography,should be protected from ems• , ., , commercial development.This section of �.# ; _, 's the park is an intricate parcel of land that affords a unique pastoral setting unfound in — any other area of Shrine Hill-Fishburn Park Green Corridor. "IV _.. ,... Googk - y 110164i..3 s. -„A ''S5 �';�-�'a' �t".. '' -.. �_ ATTACHMENT 5. BRAMBLETON AVENUE ACCESS TO FISHBURN PARK r. -X F ...a ...il _ _ 7. 'er ed"cs 1 a 'fin°``' ' ' . . ems,m x r 9 t- 14.030-011 vt, ,:::*..,.. ,,,,,, iti „._ . „,,.... , _ , . a°k; tea. �' , w ¢. a ."- , - •tr+ P5 r No traffic impact analysis for proposed . i business traffic or park traffic. ATTACHMENT 6.PROPERTY CONDITION PRIOR TO TRANSFER • f• . Caretaker/Blackwell House(built 1890—) 1,000+sq.ft. wooden structure,severely neglected, in significant state of disrepair. (Fishburn Park) Photos 2023 Green Goat(built 1978^)4,000 sq.ft. masonry structure on slab,with 2,700 sq.ft. deck area, properly sealed and i ' protected,flood damaged 1985. Prior uses Freight Depot and Transportation Museum. Property transferred in November 2014. Restaurant renovations completed in September 2015. (802 Wiley Drive) Photos 2015 f .y 4. 71 Left(southeastern)Side of Building—802 Wiley Drive,SW ti '.. ti - 4 yr t Front(northeastern)Side of Building—802 Wiley Drive,SW f r,- , 4 .: Z .. j 'Zy • . Cri or- v • .:1-,-..,,,-,_-„:„,- . ''f- ....-,„.%.,;,./. if'''.' 4'"' '' -.1-kr;;,, -- 4. " -� i 7,,,;.• - t ' til):: :''':''''-'4:1:''' '- ..... ''''''''''‘-'7.';'.'4' ',,i.,,,,,, ''''''',‘, - ,,,,,,-,.. .1.4./I'l7(49.:-4cr.:1'*.' 7; i' '''LLi- .--- 1 -, U. .7.-' r,,, ,, '4''''''''''\ . 5 ,,,,,, ' ',-..4.4%,„ 3.- W G 0 0 z -, , a 1.1.1 ',. ,-,,n ,Mri---", -- 44-,4‘,f'' f_',.:' 1.w "0 W fri. O ,, ,' N ...pc,..e., w l I— Q gz(} ' '. S3 L T l --"- C �Z 13 r 1L 2 - ` - n 47 L)siaC � � © u O t7[ (J ,� p 4 - ' s' ,erg Q o t1 ATTACHMENT 7.GREEN GOAT SURROUNDING COMMERCIAL LAND USE(continued) -. . . . .....:'........ .,..,...:_.:,::...i.,..„.:.,_.,...„.„..--,....-....,-.:.---..:-.:----.- -- .....:-,... .11-.":..-::::--!.-•:-----:-*--.,--:-.4-.;-.::•-----,-------:-------,--,-.-.--.,-,,,-...,,,z„.,., , . ,,:„..„1„.„.evr,.4.:„..4..t,,,;,,,,11:11:.,..,*...,,,..1,;.,4,,,;.,44.,1,,iric,::".i.ittis.,;:riiiiist,,,,,ritt.,"*.i..:: 'F - . e Forwarded message From: sjhimel@aol.com Date: Wed, Aug 16, 2023 at 2:57 AM Subject: Fishburn Park Cottage; "Sale" contract dated 22 Dec. 2022 To: stephen.terry.mcguire@gmail.com Cc: Freeda Cathcart <contactfreeda@gmail.com> Hi Terry -- I understand you need to know what the actual status of the cottage is (i.e., protected, and if so, how?) Bearing in mind that the VBs themselves, in their application and filings, have always talked about restoring/renovating the cottage, you need to understand the cottage has no historic preservation status as a matter of law -- it isn't HP zoned, it isn't somehow designated as a historic site or structure, so no matter how much any of the parties, City, applicants, or anyone else TALKS about its historic value, once the City sells it the new owner (or anyone who buys it later) has the right to demolish it. The City can't intervene once it's sold or somehow recover ownership unless it wants to get into a costly bidding war. That said, and no matter how applicants chose to romanticize the cottage, the City and the vBs have been aware throughout that its total demolition (not just renovation work) has been on the table. Their own contract, Section 4 B 13, states: "13. Buyer agrees that the Deed will include a restriction that the Building shall not be, razed, demolished or removed. in whole or in part (other than removal of portions of the existing structure set forth in Buyer's Proposal), WITHOUT THE PRIOR APPROVAL OF SELLER." (emphasis added) Based on this contract agreement, both the City and the vBs understood that complete demolition was always a possibility. It may have been the City's understanding that requiring due diligence inspections and testing would protect the building, but in light of recent developments (the June 2023 amended application) I would say that's way too optimistic. Suddenly, months after all inspections and testing were required to be completed, the vBs have suddenly popped up with the announcement that due to the dilapidated nature of the building they need to do an engineering feasibility study. No schedule for this study is mentioned, nor is there any indication that they will share the results with the City. I brought this up with the Planning Council with the vBs present ... they had nothing to say about the feasiblity study, and the Council chose not to question them about it. A point to bear in mind about the clause I quote above -- if the vBs don't bring up the study until after the City gives them the land and building, and they then hand the City some document stating that the building just can't be salvaged so they're going to knock it down and do whatever they want, the City's approval or disapproval is absolutely irrelevant. They will be the owners, not the City, and they can do what they want with their property, The City could always say it would sue, but it doesn't have any real remedy under the contract, no damages, specific performance only, and if they go ahead and knock it down no trial court will order specific performance of something which is impossible. Someone needs to demand a copy of ALL the vBs studies, inspection reports, business plans, etc ( the City has a contract right to do this, btw, and they can't object), most especially this engineering feasibility study. The City has to have this information well before any decision to approve rezoning can be approved, certainly before the City gives away the cottage and land for$10. Be aware that Parks has already asked for their business plan and didn't get it -- Justin vB used as an excuse the fact that he'd been dealing only with the Planning Commission and the City attorney, and didn't feel like he had do anything for anyone else. I suggest you ask both the Planning Commission AND the City attorney to make this demand because otherwise you'll never get anything. If they won't cooperate, well, I guess that will tell you that the cottage's days are numbered. I hope this gives you what you need. If you have any questions I can meet with you or you can call me at 540-342-3104 or 521-3393. Thanks for your interest. Regards, Shelley Himel Roanoke City Planning Commission Members via planning@roanokeva.gov 8 August 2023 RE: Site Assessment of Fishburn Park at Caretaker's house 2424 Brambleton by Soil Works, Inc. Dear Planning Commission Members, Another beautiful day in Roanoke found me in Fishburn Park where I collaborated on the property at issue with other folks out enjoying the trail along the tributary creek of Murray Run. Tributaries of water emerge where the overlying landslide soils contact the Blue Ridge rocks. In the case of Murray Run,that contact zone also sports manhole covers in the tributary creek as it winds around the hill opposite the property at issue, on its way to Murray Run. The landscape is a view from the house, down a manmade slope of 10%then to 17%to vertical, to where the pond was at one time, with the dam rocks below it in the channel, and up the opposite hillside a little is a manmade fountain with pipe spouting water and the ground gurgling more water around it.The spring is marked on the topographic map of 1942 at the end of this report. The fountain rocks have moved a bit, but the intended effect added to the refreshment of the visitors to the Fishburn Park. You may know that Blair Fishburn was from Mason Cove and played along Mason Creek. He knew the creek flowed from the mountains above Mason Cove,through Bradshaw and Hanging Rock and ran parallel to Kessler Mill Rd.,and into Salem. He fancied that his homeplace waters emerged down the road, in Roanoke on its way to the Roanoke River and he bought the Murray Run 27 acres land from a relative,to donate it to Roanoke so that the water would remain available to the Citizenry and who collectively, admire and protect,that clean water,for their health and well-being. The goal was to also make Roanoke 25% playground and parkland with a ratio of one (1)acre parkland per 404 people. Soil Works, Inc. was hired to perform a brief Site Assessment of the landscape and potential land use. The old Caretakers' house at 2424 Brambleton is situated on a stream terrace/hill, with steep slopes in the front with broad roadside level areas where neighbors do safely play away from the traffic.The trees shade the ground for a comfortable cooling effect in the heat and the trees help absorb stormwater and hold soil in place. Proposed Public gardens roadside would clear the trees and disturb the soil and add sediment to stormwater and remove available play ground for the neighbors. The land rises gently, approximately 10%from the end of the Caretakers' house for another couple hundred feet and is mostly mowed grass.That part of the property slopes to the creek with 10-13% slopes.The land creekside of the house slopes down 10-17%,to vertical at the creek bank 120 feet away. The water resources are protected from sediment now. Trees grow where the old pond was and mowed areas maintain an un-mowed area buffer around the creek, an undisturbed riparian buffer. Stormwater runoff as overland flow of water to the Murray Run Tributary creek from the 1.1 acre at issue is absorbed by the soils in place now. No erosion gullies were found during field survey. The impact to the soils from a parking lot too close to the property line is that the stormwater runoff water will have less buffer area to be absorbed by the soils before leaving the property and reaching the creekbed. That is, a parking lot stormwater runoff would not have anything to prevent erosive water from leaving the separate property and onto its neighbor, Fishburn Park.The problem with more water flowing into fill material-soil is that it can become heavy-wet-unstable and slip down the hill.That fill material soil is between the house and the pond area (on the map).That defies Erosion and Sediment Control Regulations which do not allow erosive water and sediment onto a neighbor's land. The land marked as "Area B" shows evidence at the surface that the area was altered by humans and is likely compacted subsoil and in other places fill material. As is, trees are holding soil in place in several places where gardens would remove them. Steep slopes that are disturbed cannot hold ground. A well worn neighborhood footpath currently used along the Tributary creek to Murray Run would become off limits to the Public if the entire property of 1.1 acre is subdivided out of the Fishburn Park system. Access to Fishburn Park may be hampered by active traffic using Caretaker's house and Fishburn Park parking lot. A traffic study would help define this activity. These are my Site Assessment Observations of Fishburn Park and the Caretaker's house. Sincerely, Nan Gray, Licensed Professional Soil Scientist Soil Works, Inc. P.O. Box 3 Newport,VA 24128 540-544-7791 soilwork@pemtel.net r 11 ci r 1 1 1 ,,........, SRAMBLETON ...._ (GREENBRIER) AVENUE TO 11.40ki-. 1. -':?--•-... \\ .-\_.,__,,..- ---------..._______ ----•-_. , • 4 '...• , 1 4---- . --..... SWEATINNELI ,. .... \ . . 7. , \ 1 11 \ ,„:.:AP • TOPOGRAPHIC SURVEY FISMSUPN PARK Pr,ICE 0 f LI,ENG, ( 3420 4 Ruth Visuete Perez From: Harriet Hirsch <info@email.actionnetwork.org> Sent: Monday, September 4, 2023 9:27 PM To: City Clerk Subject: [EXTERNAL] Please reject the application to rezone Fishburn Park CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Clerk Susie McCoy, , Dear Mayor and members of the Roanoke City Council, Please reverse your approval for the rezoning of Fishburn Park. Your legal counsel didn't give you complete information before you made your decision. The house isn't protected from being demolished and restoring the house was the purpose in giving away the 1.1 acres of parkland. The zoning application you approved had this new clause that was added: ""The historic caretaker's cottage, which is badly deteriorated, will be renovated and preserved if found to be structurally sound." Tim Spencer, Roanoke City's lawyer, dismissed the public's concerns about protecting the house from being demolished by assuring council that the house could only be destroyed if council approved it. How does the City handle derelict structures? https://roanokeva.qscend.com/311/knowledgebase/article/573 "In addition to posting the notice on the structure, the Inspector will also mail a "Notice of Unsafe Structure"to the property owner within one to two days of the original inspection indicating the date by which all violations must be corrected or by which the building must be demolished, and the consequences if the owner does not comply." It doesn't look like council could deny a request from the vanBlaricoms to demolish the house if it's structurally unsound based on local and state codes for derelict structures. If the council tried to deny their request then the city would probably lose in court. Since there's no legal remedy specified in the contract to return the land to the city, if they demolish the house then it i would be too late after the closing to ask them to return the land. They would have legally obtained the parkland and there's no obligation to return it. Based on the passed zoning application, the house could be demolished and the vanBlaricoms would have the legal right to build an "eating and drinking establishment"which the zoning ordinance defines as being able to sell alcohol on the premises, hence a restaurant/bar. The city didn't send out a call for proposals on the house and property to give the public the opportunity to bid on the property. On the same day council approved the Fishburn Park rezoning, a half acre commercial lot on the same road sold after two months for$425,000 at the listing price. The property's tax assessment value is $330,000. There were two other parties vying to purchase the property and the real estate agent said that was because there weren't many opportunities to purchase commercial real estate in that popular area. The city has given an unfair advantage to purchase valuable commercial real estate for only $10 without protecting the public's interest in restoring an historic house. If you don't reverse your vote then you will be responsible for giving away the public's wealth to benefit the personal wealth of a couple without giving other people the opportunity to bid on the property and to restore the historic house. Please reverse your vote and fulfill your duty to protect the public's interest. Sincerely, Harriet Hirsch Harriet Hirsch harrietjeanhirsch@gmail.com 711 Massey Lane, Unit A Alexandria, Virginia 22314 2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21' day of August 2023. No. 42736-082123. AN ORDINANCE amending City Plan 2040, the City's Comprehensive Plan, by permanently vacating and releasing the public's right to use an approximately 1.1 acre portion of Fishburn Park (the "Property")bearing Official Tax Map No. 1470301; re-adopting and ratifying previous amendments to City Plan 2040, the City's Comprehensive Plan; and dispensing with the second reading of this ordinance by title. WHEREAS, Justin and Keri vanBlaricom proposed to purchase the cottage on a 1.1-acre portion of Fishburn Park at the southeastern corner of Brambleton Avenue, S.W., and Clifford Street for renovation and use as a coffee shop; WHEREAS, on November 21, 2022, City Council held a public hearing to consider the matter and on December 19, 2022, voted to approve the sale. On March 6, 2023, City Council approved an extension of the closing deadline to June 30, 2023. On June 20, 2023, City Council amended the contract terms and approved an extension of the closing deadline to September 30, 2023; WHEREAS, Fishburn Park is shown in City Plan 2040, the City's Comprehensive Plan, as a public park; WHEREAS, to allow renovation and subsequent operation of a coffee shop, it is necessary to vacate and release the public's right to use the 1.1 acre portion of the Property; WHEREAS, the City of Roanoke filed an application with the Council of the City of Roanoke, Virginia ("City Council"), in accordance with law, requesting City Council to amend City Plan 2040, the City's Comprehensive Plan, by vacating and releasing the public's right to use the Property; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by Section 15.2-2232 of the Code of Virginia (1950), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held on such application by City Council on August 21, 2023, after due and timely notice thereof as required by Section 15.2-2232, of the Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; 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 and general welfare, require the vacation and release of the public's right to use the Property, and for those reasons, is of the opinion that the hereinafter described application should be granted. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The 1.1 acre portion of Fishburn Park as identified in the City's Application dated July 27, 2023, (the "Property"), to this Council is vacated as a public park for recreational and open space uses, and the public's right to use the afore-referenced 1.1 acre portion of Fishburn Park is released. 2. The City Manager is authorized to execute any and all documents, the form of all such documents to be approved by the City Attorney, and to take any other actions consistent with the intent of City Council as evidenced by the adoption of this Ordinance. 3. City Plan 2040, the City's Comprehensive Plan, is hereby amended to reflect the vacation and release of the public's right to use 1.1 acre portion of the Property as set forth in the City's Application dated July 27, 2023. 4. Any previous amendments made to City Plan 2040, the City's Comprehensive Plan, are hereby re-adopted and ratified. 5. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: City Clerk. t r• °°_ � CITY COUNCIL AGENDA REPORT 41, To: Honorable Mayor and Members of City Council Meeting: August 21 , 2023 Subject: A request by the City of Roanoke to consider an amendment to City Plan 2040, the City's comprehensive plan, to vacate the public use of a portion of Fishburn Park and to release the public's right to use such portion of Fishburn Park, being a portion of City-owned property located at 2424 Brambleton Avenue SW, Official Tax Map No. 1470301 Summary: By a vote of 6-0, with Commissioner j. Smith absent, the Commission recommends approval of amendment to City Plan 2040, the City's comprehensive plan, to vacate the public use of a portion of Fishburn Park and to release the public's right to use such portion of Fishburn Park, being a portion of City-owned property located at 2424 Brambleton Avenue SW, Official Tax Map No. 1470301 . Public Notification and Outreach: • Roanoke Times Legal Advertisement (runs two-consecutive Tuesdays) Required Public Notice - • Letters to Property owners abutting subject State of Virginia Code property (includes across street/alley) • Direct notice by mail includes neighboring localities if applicable Required Public Notice - • Posting a sign on the subject property with City of Roanoke Zoning hearing date and contact for additional Code information • Posting applications - applications received are posted on the PBD Board & PBD Outreach Beyond Commission page, providing instant access State/City Code to the full application and supporting Requirements documentation • CivicSend Notices - Email notification subscription to share information with citizens and stakeholders according to their preferences. Land Use Applications touch the inbox of subscribers at least 2 times - 1) Application filed; 2) Agenda and Staff Report Posting; 3) Amended Information, if applicable • Neighborhood Leaders and Civic Stakeholders Email Notice - Direct email to leaders to share information; coincides with CivicSend Notices • CivicSend Notices for land use applications typically reach more than 1 ,800 subscribers Background: The Fishburn Park caretaker's cottage was built in the early 1 800's and added onto over time. The City of Roanoke acquired the property in 1925. The cottage has been vacant for many years and is in a deteriorated condition. The City of Roanoke has been actively seeking a new owner to purchase and restore the cottage for multiple years. Justin and Keri vanBlaricom proposed to purchase the cottage on a 1 .1 -acre portion of property (hereafter property) at the southeastern corner of Brambleton Avenue SW and Clifford Street SW, for renovation and use as a coffee shop. On November 21 , 2022, City Council held a public hearing to consider the matter and voted to approve the sale. On March 6, 2023, City Council approved an extension of the closing deadline to June 30th, 2023, and then on June 20th, 2023, approved an extension of the closing deadline to September 30th, 2023. The vanBlaricoms filed an application to amend the zoning for the property to enable the renovation of the historic caretaker's cottage for a commercial use, planned as a coffee shop or other use, as listed on the PUD plan. The building exterior will be restored per the plan with additional seating areas added around the building. The remainder of the site includes: parking to the rear of the building, a community garden, and undeveloped open space that is proposed to remain as it exists today. In accordance with Section 1 5.2-2232 of the Code of Virginia (1950), as amended, City Council, via the city administration asked Planning Commission to consider an amendment of the comprehensive plan, City Plan 2040, requesting that the 1 .1 - acre portion of the Park be vacated and that the public's right to use such portion of the Park be released as outlined in the Original Zoning Amendment Application scheduled to be heard on August 14`h, 2023. 2 Comments on Application: There was general discussion at the Planning Commission Work Session of the process leading to the City's sales contract for the property and the proposed PUD plan. Public Hearing: Public comment focused on this change being contrary to the comprehensive and neighborhood plans, allowing a business that is not guaranteed to succeed, and removing parkland from the public. Conclusions and Recommendations: Planning Commission recommends approval of the amendment to City Plan 2040 to vacate the public use of a portion of Fishburn Park and to release the public's right to use such portion of Fishburn Park. SM. --, / geelitit,/,eAte Sarah Glenn, Chair City Planning Commission Enclosure: Attachment A, Zoning District Map Distribution: Robert S. Cowell, Jr., City Manager Angela O'Brien, Assistant City Manager Chris Chittum, Executive Director of Community Development and Placemaking Katharine Gray, Planning Commission Agent Timothy Spencer, City Attorney Laura Carini, Senior Assistant City Attorney Keri and Justin vanBlaricom 3 Q � p C LOZOLEL d k. 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Q c U U 0 o _, N z z a g m ct c, . c, CC v — Z " E0N 11 ,� 111 01 0II I N OFFICE OF THE CITY MANAGER Noel C.Taylor Municipal Building 215 Church Avenue,SW,Suite 364 Roanoke,Virginia 24011 ROANOKE 540.853.2333 www.roanokeva.gov July 27, 2023 Roanoke City Planning Commission c/o Katharine Gray, Agent of the Planning Commission Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 170 Roanoke, Virginia 24011 Re: Application for vacation of a portion of Fishburn Park and to release the public's right to use an approximately 1 .1 acre portion of Fishburn Park of real property owned by the City of Roanoke, such real property located at 2424 Brambleton Avenue, SW, and designated as Official Tax Map No. 1470301 Dear Planning Commission: Fishburn Park is an open-air park offering two multi-use trails, two tennis courts, a playground, and a nine-hole disc golf course, as well as two picnic shelters. The Park consists of a parcel of real property situated at 2424 Brambleton Avenue, SW, bearing Official Tax Map No. 1470301 . The City Council considered a proposal from Justin and Keri VanBlaricom (Buyers) to sell approximately 1 .1 acres of land, which includes the former Caretaker's Cottage for renovation and use as a coffee shop. Buyers proposed a price of $10.00 and a minimum investment of $150,000.00 toward restoration of the Property. On November 21 , 2022, City Council conducted a public hearing to consider the proposed transaction. Following comments from the public, the Council voted to approve the sale. This approval was followed up with Council's adoption of Amendment No. 1 on March 6, 2023, which extended the deadline for closing on the portion of the park proposed for sale until June 30, 2023. This approval was followed up with Council's adoption of Amendment No. 2 on June 20, 2023, which extended the deadline for closing on the portion of the park proposed for sale until September 30, 2023. The Buyers have filed their application for rezoning with the Department of Planning, Building, and Development, which is scheduled to be heard by the Planning Commission on August 14, 2023, and by City Council on August 21 , 2023. This application is contingent upon approval of the rezoning by those two Page Two Roanoke City Planning Commission c/o Katharine Gray, Agent of the Planning Commission July 27, 2023 entities. The City Administration files this application pursuant to Section 15.2-2232 of the Code of Virginia (1950), as amended, requesting that the 1 .1 acre portion of the Park be vacated and that the public's right to use such portion of the Park be released. Such action is necessary to allow the City to convey the portion of the Property. Accordingly, the City Administration respectfully requests that this matter be scheduled for the City Planning Commission's August 14, 2023, meeting, and that the City Planning Commission recommend to City Council that the 1 .1 acre portion of the Park identified herein be vacated as a public park and that the public's right to use the portion of the park be permanently released consistent with the terms outlined in the contract between the City and the Buyers. Respectfully submitted, Rober S. Cowell, Jr. City Manager c: Council Appointed Officers Angie O'Brien, Assistant City Manager for Community Development Chris Chittum, Executive Director of Community Development and Placemaking Marc Nelson, Director of Economic Development Cassandra L. Turner, Economic Development Specialist The Roanoke Times I Account Number I Roanoke,Virginia 6007932 Affidavit of Publication Date CITY OF ROANOKE-CLERKS OFFICE August 08,2023 Attn Cecelia Webb 215 CHURCH AVE SW ROOM 456 ROANOKE,VA24011 Date Category Description Ad Size Total Cost 08/10/2023 Meetings and Events PUBLIC HEARING NOTICE 2 x 7.25 IN 2,447.25 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 was published in said newspapers on the following dates: 08/01,08/08/2023 The First insertion being given ... 08/01/2023 Newspaper reference: 0001436123 Billing Re resen iv Sworn to and subscribed before e this 8th Day of August 2023 Notary Public State of Virginia Richard A.Hundley County of Hanover Notary Public My Commission expires Commonwealth of Virginia Notary Registration No.7904041 Commission Exp.Jan 31,2024 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU 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. 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 https://roanokeva.gov/2019/Commissions or may be obtained digitally by emailing planning@roanokeva.gov. If you are a person with a disability who needs accommodations for any public hearings advertised herein, please contact the City Clerk's Office, (540)853-2541,by noon, August 11, 2023. Cecelia F. McCoy, CMC, City Clerk The City of Roanoke Planning Commission will hold a public hearing on August 14, 2023, at 1:30 p.m., or as soon thereafter as the matters may be heard, to consider the following matters. All persons wishing to address the Planning Commission must sign-up with the Secretary to the Planning Commission by emailing planning@roanokeva.gov or by calling(540)853-1330 by noon, August 9, 2023. Written comments of interested persons will be received by the Secretary to the Planning Commission at planning@roanokeva.gov by noon, August 9,2023. Application by School Board of the City of Roanoke to rezone property located at 3142 Preston Avenue NW, Official Tax Map No. 2100501, from IN, Institutional 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 land use categories permitted in INPUD include residential; accommodations and group living; commercial; industrial; assembly and entertainment;public, institutional and community; transportation; utility; agricultural;and accessory, with a maximum density as specified on the development plan for the district. The comprehensive plan designates the property for natural space/open space/recreation/agriculture use. The proposed use is educational facilities, elementary/middle/secondary and other uses as noted on the PUD plan. Application by Keri and Justin vanBiaricom to rezone a portion of property located at 2424 Brambleton Avenue SW,Official Tax Map No. 1470301, from ROS, Recreation and Open Space District,to MXPUD,Mixed Use Planned Unit Development District, subject to the Development Plan that specifies uses,location of buildings and infrastructure, site access, and building design. The land use categories permitted in MXPUD include residential; accommodations and group living; commercial; industrial;warehousing and distribution; assembly and entertainment; public, institutional and community; transportation;utility; agricultural; and accessory, with a maximum density as specified on the development plan for the district.The comprehensive plan designates the property for natural space/open space/recreation/agriculture use. The proposed use is an eating establishment and other uses as noted on the PUD plan. A request by the City of Roanoke to consider an amendment to City Plan 2040,the city's comprehensive plan, to vacate the public use of a portion of Fishburn Park and to release the public's right to use such portion of Fishburn Park, being an approximately 1.1 acre portion of city-owned property located at 2424 Brambleton Avenue SW, Official Tax Map No. 1470301, and re-adopting and ratifying previous amendments to City Plan 2040, the city's comprehensive plan. Tina M. Carr, Secretary, City Planning Commission City Council will hold a public hearing on the aforesaid matters on Monday, August 21, 2023, at 7:00 p.m., or as soon thereafter as the matters may be heard, in the City Council Chamber, Fourth Floor, Room 450,Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke, Virginia. All persons wishing to address City Council may sign-up online at www.roanokeva.gov/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 noon on August 21, 2023. 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 provides interpretation at no cost for all public meetings,upon request. If you would like to request an interpreter, please let us know at least 24 hours in advance by calling(540) 853-1283. La Ciudad de Roanoke proporciona interpretation sin costo por todas citas publicas, previa solicitud. Si usted desea solicitar un interprete, haganoslo saber con al menos 24 horas de antelacion por llamar(540) 853-1283. Jiji la Roanoke linatoa huduma ya ukalimani bila malipo katika mikutano yote ya umma, inapoombwa. Iwapo ungependa kuomba mkalimani, tafadhali tujulishe angalau saa 24 kabla kwa kupiga simu(540) 853-1283. _ba&I ). vela.:, j �j,au ja iil.J9='�°9°c.: 1?'AAA L;it"--"19&i= '�9� � —S939J>3'" ._J1L,1)1,.Y J-1 � o(540) 853-1283 24 J91 � 1�e►ta.��1�� Please publish in newspaper on Tuesday, August 1, 2023, and Tuesday, August 8, 2023. Please bill and send affidavit of publication by USPS and via email to: Tina M. Can Secretary to the Planning Commission Planning, Building, & Development City of Roanoke Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 170 Roanoke,VA 24011 540/853-1730 tina.carr@roanokeva.gov Please send affidavit of publication to: Cecelia F. McCoy, CMC, City Clerk 215 Church Avenue SW, Suite 456 Noel C.Taylor Municipal Building Roanoke, Virginia 24011-1536 540/853-2541 susi e.mcco y(ro anokeva.gov IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21'day of August 2023. No. 42737-082123. AN ORDINANCE authorizing the City Manager or his designee to execute the necessary documents providing for the sale and conveyance of 339 Salem Avenue, S.W., Official Tax Map No. 1010107 to 339 Salem Partners, LLC, upon certain terms and conditions; and dispensing with the second reading of this Ordinance by title. WHEREAS, a public hearing was held on August 21, 2023, pursuant to §§15.2-1800 and 15.2-1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such sale and conveyance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or his designee is hereby authorized on behalf of the City to execute a sales contract, substantially similar to the Contract attached to the City Council Agenda Report dated August 21, 2023, to sell 339 Salem Avenue, S.W., Official Tax Map No. 1010107, to 339 Salem Partners, LLC, an approximately 0.333 acres of land for the sum of $10.00. 2. The City Manager or his designee is further authorized, for and on behalf of the City, to execute a Special Warranty deed and all other necessary documents, in a form approved by the City Attorney, providing for the sale and conveyance of the property to 339 Salem Partners, LLC , all as more particularly set forth in the City Council Agenda Report dated August 21, 2023. 3. The City Manager or his designee is further authorized on behalf of the City to negotiate and execute such further documents and take such further actions related to this matter ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of.City Council Meeting: August 21, 2023 Subject: Proposal of the City of Roanoke to consider the sale of 339 Salem Avenue, S.W., Official Tax Map Number 1010107— Former Homeless Assistance Team (HAT) Building. Background: 339 Salem Partners, LLC, a Virginia limited liability company, ("Buyer") has offered to purchase a parcel of real property owned by the City of Roanoke (City) located at 339 Salem Avenue, SW, also known as Official Tax Map Number 1010107 ("Property"). The property consists of approximately 0.333 acres. Buyer has offered a purchase price of$10.00 and will be required to invest a minimum of$8 million to develop a six-story multi-family structure with a first floor lobby and fitness center. The proposed development will include approximately 80 one- and two-bedroom apartment units reserved for households earning between 50% to 60 % Area Median Income (AMI). The project is contingent upon receiving a favorable ranking for Low Income Housing Tax Credit (LIHTC) from Virginia Housing. A request for proposals was issued on February 14, 2023, for the Property with 339 Salem Partners, LLC being the only developers to submit. A public hearing is required for the sale of city-owned property. Recommended Action: After consideration of comments received at the public hearing and absent comments at the public hearing needing further consideration, authorize the City Manager or his designee to execute the proposed agreement, substantially in the form attached hereto, and execute and deliver all closing documents and take such other actions to effectuate the proposed agreement. All documents are subject to approval as to form by the City Attorney. Bob Cowell, City Manager Distribution: Council Appointed Officers Angie O'Brien, Assistant City Manager Marc B. Nelson, Director of Economic Development Amelia C. Merchant, Deputy Director of Finance Laura M. Carini, Senior Assistant City Attorney Cassandra L. Turner, Economic Development Specialist DRAFT August 14, 2023 CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY This Contract for Purchase and Sale of Real Property(Contract)is dated 2023, between the City of Roanoke, Virginia. a Virginia municipal corporation ("Seller" or "City"), and 339 Salem Partners, LLC. a Virginia limited liability company(`'Buyer"). RECITALS: WHEREAS, Seller is the owner in fee simple of certain real property located at 339 Salem Avenue, S.W., Roanoke, Virginia 24015, Official Tax Map No. 1010107, containing approximately 0.3330 acres,together with all improvements thereon,as shown and described more particularly in the attached Exhibit 1 ("Property"); WHEREAS, Seller is desirous of selling the Property together with improvements thereon, including the building ("Building"), to Buyer and Buyer is desirous of acquiring such Property including the Building in order to redevelop the Property for affordable housing in accordance with Buyer's proposal dated April 27,2023, 2023, together with such supplements, additions, and amendments that Buyer shall make prior to closing and shall be attached hereto ("Proposal"); and WHEREAS, the Building located on the Property is currently vacant and in disrepair, the Property has an assessed value of S384.500, and Seller will sell the Property, including the Building, to Buyer for a price less than the assessed value provided Buyer fully complies with all terms and conditions as set forth in this Contract and, if Buyer fails to comply with such terms and conditions, Buyer shall be liable to Seller for remedies set forth hereinafter or for such other remedies available to Seller as set forth in this Contract or by law. THEREFORE, for and in consideration of the mutual covenants and conditions herein set forth in this Contract including the Recitals above, which Recitals are incorporated herein and made a part of this Contract and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the parties hereto, Seller and Buyer hereby agree as follows: SECTION 1. DEFINITIONS. Unless the context otherwise specifies or requires, for the purpose of this Contract. the following terms shall have the meanings set forth in this Section: Building: An approximately 3.239 square foot facility currently located on the Property. Buyer's Proposal or Proposal: Buyer's Proposal refers to the Buyer's renovation of the Building on the Property for residential use, as set forth in a document entitled "Renewal Construction — Sycamore Development Joint Venture" dated April 27, 2023, prepared by 339 Salem Partners, LLC, a copy of which is made a part hereof and marked as Exhibit 2, together with such supplements, additions, and amendments thereto that Buyer shall make to provide additional details with respect to the Project. Such supplements,additions, and amendments shall be attached to this Contract prior to Closing and shall be a part of this Contract. 1 DRAFT August 14. 2023 Closing: The consummation of this Contract by Seller's delivery of a Special Warranty Deed to the Property to Buyer. Closing Date: The date provided for in Section 11 hereof for the Closing. Construction Activity: The receipt of all Permits and Approvals and the initiation of site work on the Property by Buyer. Construction Performance Liquidated Damages: The amount equal to One Hundred dollars ($100.00) multiplied by the number of Days after (i) 90 days after the Closing Date and until and including the Day on which the Buyer actually commences Construction Activity; or(ii) 18 months after the Closing Date, and until and including the Day on which the Buyer actually achieves Substantial Completion of Construction. Commencement Date: The date on which Buyer certifies in writing to Seller that Buyer has commenced Construction Activity to the reasonable satisfaction of Seller. which date shall be no later than 90 days after the Closing Date. Contemplated Use: The development of the Property by Buyer solely for the purpose of residential use, Substantially Completed not later than 18 months after the Closing Date. Days: Unless otherwise stated, this term means consecutive calendar days. Deed: The Deed shall be a special warranty deed, subject to all restrictions of record, this Contract, the Restrictive Performance Covenant, and as set forth in the Title Commitment. The Deed shall also be subject to all obligations of Buyer under the terms of this Contract. Governmental Authority: Governmental Authority means the United States of America, the Commonwealth of Virginia, any other state of the United States, the City, any Federal. state, regional, or local body,commission,or agency having jurisdiction with respect to the construction, development, occupancy,use, and operation of the building as contemplated in the Project. Permits and Approvals: All permits, approvals. consents, and authorizations issued by a Governmental Authority that are required for the construction, and use of the building as contemplated in the Project, all such permits, approvals, consents, and authorization having been finally issued and subject to no condition unacceptable to Buyer and subject to no appeal. Plans or Plan: These terms mean the design plans and'or drawings and/or other documents as approved by the City of Roanoke Department of Planning, Building and Development. Project: This term means and includes the renovation of an approximately 3,239 square foot facility, to be developed by Buyer in accordance with the Proposal, as well as any related and/or connected work that may be required and/or done on any part of the Property in addition to the Building, all in accordance with the terms and provisions of this Contract. DRAFT August 14. 2023 Property: A certain parcel of land located at 339 Salem Avenue. S.W.,Roanoke, Virginia 24015, Official Tax Map No. 1010107, containing approximately 0.3330 acres, together with all improvements thereon. The Property was conveyed to Seller by deed dated January 10, 1957, from The Brandon Company. Incorporated, and S.F., Lake E.. Robert W. and Betty B. Woody recorded in the Office of the Clerk of the Circuit Court of the City of Roanoke, Virginia in Deed Book 1001.Page 177.and which Property is shown as"Lot 5B"as shown on the plat entitled"Plat of Street Vacation, Subdivision and Combination made for City of Roanoke, Virginia, showing the resubdivision of Lot 5(0.211 acre)and part of Lots 6 through 10(0.571 acre). Block 4, Official Survey S.W. 7,and a 0.018 acre vacated portion of Salem Avenue(Ordinance No. 37162),creating hereon Lot 5A (0.467 acre) and Lot 5B (0.333 acre) located on Salem Avenue, S.W. and Norfolk Avenue S.W.". prepared by ACS Design LLC, dated August 26, 2005, on record in the Clerk of Circuit Court's Office for the City of Roanoke,Virginia.in Map Book 1, Page 2915. The Property is more particularly described in Exhibit 1 attached hereto and made a part hereof. Purchase Price: The sum of$10.00 to be paid by Buyer for the acquisition of the Property from Seller. Restrictive Performance Covenant: The restrictions in the Deed that require Buyer to (i) commence Construction Activity by 90 days after the Closing Date; (ii) invest a minimum of S8,000,000 in building construction and equipment; and (iii) achieve Substantial Completion of Construction by 18 months after the Closing Date. Restrictive Use and Development Covenant: The restrictions in the Deed that are set forth in Sections 4(B)(10) and (11) of this Contract. Substantial Completion, Substantially Complete or Completed, or Substantial Conformance: Development of the Property by Buyer in accordance with the Contemplated Use and Plans and where a final certificate of occupancy has been issued to Buyer from the City of Roanoke Department of Planning Building and Development for the Building, as set forth in the Plans. Title Commitment: A commitment for title insurance in favor of Buyer for the Property to be issued by a Title Company. Title Company: Any nationally recognized title insurance company acceptable to Buyer. SECTION 2. PURCHASE AND SALE OF PROPERTY. A. Seller agrees to sell the Property to Buyer,and Buyer agrees to purchase,the Property from Seller,upon all the terns, covenants, and conditions set forth in this Contract. B. The purchase price for the Property ("Purchase Price") shall be Ten Dollars (810.00) payable in cash or certified check from Buyer to Seller at Closing, together with the other obligations of Buyer as set forth in this Contract. 3 DRAFT August 14, 2023 SECTION 3. CONDITIONS PRIOR TO CLOSING. A. 1. As a condition precedent to Buyer's obligation to purchase the Property or otherwise to perform any obligations provided for in this Contract, Seller, as of the Closing. shall have complied with Seller's representations and warranties in Section 10 of this Contract. the fulfillment to Buyer's reasonable satisfaction of Seller's delivery to Buyer on the Closing Date of title to the Property and other documents as prescribed in Section 11, Buyer shall have obtained all Permits and Approvals, and Buyer shall be satisfied with the results of its due diligence and inspections undertaken pursuant to Section 17. 2. As a condition precedent to Seller's obligation to sell the Property or otherwise to perform any obligations provided for in this Contract, Buyer, as of the Closing, shall have complied with Buyer's obligations, representations, and warranties in this Contract. 3. Thirty (30) Days prior to the proposed Closing Date, Buyer will provide to Seller, to the Seller's sole satisfaction, written confirmation and documentation of Buyer's obtaining financial commitments from a recognized financial institution authorized to conduct business in the Commonwealth of Virginia in the form of a loan commitment, with only customary commercial conditions and/or written evidence of cash in-hand, subject to no restrictions or limitation on the use of such funds for the Project. sufficient to undertake the initial renovation of the Building in accordance with the Contemplated Use of the Property, such loan commitments and cash in-hand. in the aggregate, shall not be less than S8.000,000. 4. As a condition precedent to Buyer's obligation to purchase the Property or otherwise to perform any obligations provided for in this Contract.Buyer shall have applied to use state Low-Income Housing Tax Credit for the Project from the Virginia Housing. Buyer shall initiate the application process for such tax credits no later than 30 days from Closing, and Buyer shall diligently pursue approval. B. Buyer and/or Seller may, at any time on or before the Closing Date, at its respective election, waive in writing any of the other parry's conditions precedent referenced in this Section 3. and Buyer's and Seller's consummation of the transaction on the Closing Date shall waive all such conditions precedent. C. In the event that the Closing has not occurred through no fault of Seller on or before the Closing Date. Seller, by written notice given to Buyer, shall provide Buyer with a ten (10) Day cure period from the Closing Date in which to deliver the Purchase Price and proceed with Closing. If Closing has not occurred within such additional time period through no fault of Seller, this Contract shall automatically be terminated without any further action. In the event of any termination as set forth above, this Contract shall be deemed terminated and of no further force and effect. 4 DRAFT August 14. 2023 D. Upon the request of Seller, Buyer, its officers, agents, employees, contractors. subcontractors, licensees. designees, representatives and consultants, shall within a reasonable period of time after receipt of any preliminary or final survey, test results or conclusory reports and opinion statements, deliver copies of same to Seller. If Seller so requests, Buyer shall also turn over copies of raw data obtained and any laboratory and observation reports or analyses. Such copies of all the above shall be provided to Seller without charge. Neither Buyer nor the provider of the report makes any representations or warranties to Seller about such reports or opinions and Seller may not rely on such information. E. Buyer, its officers, agents, employees, contractors, subcontractors. licensees, designees, representatives and consultants, shall at all times comply with all applicable federal, state, and local laws, rules, and regulations. Buyer, its officers, agents. employees, contractors, subcontractors, licensees, designees, representatives and consultants, prior to exercising any rights under this Section 3,shall obtain,at their cost,any and all Permits and Approvals for such work. SECTION 4. BUYER'S AND SELLER'S OBLIGATIONS. A. Obligations at Closing. 1. Seller's Obligations. At the Closing, Seller agrees to sell to Buyer the Property and deliver the Deed to Buyer in accordance with the terms of this Contract. 2. Buyer's Obligations. Buyer agrees and promises that it will do and/or has done the following at Closing: a. Buyer will purchase the Property from Seller for the Purchase Price of Ten Dollars (510.00) and will make payment in accordance with the terms of this Contract. b. Buyer accepts the Property in an "AS IS" condition and acknowledges and agrees that Seller makes no representations or warranties with respect to the Property other than what is contained within this Contract. Buyer agrees that Buyer is taking the Property,including the Building and Improvements. without any warranties or representations from Seller and that Buyer has had sufficient opportunities to fully examine the Property, including the Building,and that Buyer shall comply with all environmental and other laws in developing the Property. c. Buyer shall promptly pay for all advertising costs and any related fees or costs connected with this Contract and/or the sale of the Property,including. but not limited to costs for any advertisement of required public hearing(s). 5 DRAFT August 14, 2023 Such payment shall be made directly to the entity providing the advertising or other service. or to the City. as the City may direct. d. Buyer agrees that the conditions and obligations of Buyer under this Contract are conditions and obligations that shall be incorporated either directly or by reference in any deed to the Property from Seller to Buyer. shall survive Closing. and shall be binding on Buyer's successors and assigns. B. Post-Closing Performance Obligations of Buyer. Buyer acknowledges and agrees that a part of the consideration for the Seller is the Buyer's commitment to develop the Project in accordance with Buyer's Proposal and the performance of this commitment. Buyer agrees to perform each of the following obligations in accordance with the terms and conditions set forth in this Contract. 1. Buyer will develop the Property in accordance with Buyer's Proposal and Plans and invest a minimum of S8,000,000.00 in building construction and equipment at the Property in connection with the renovation of the Building ("Minimum Investment"). The Minimum Investment shall not include the amount of the Purchase Price. Completion of this development shall be pursued diligently and timely by Buyer and Buyer shall be solely responsible for satisfying its obligations hereunder subject to delays caused by events set out in Section 33 of this Contract. TIME SHALL BE OF THE ESSENCE WITH RESPECT TO EACH AND EVERY OBLIGATION OF BUYER HEREUNDER. 2. Buyer shall commence Construction Activity by the Commencement Date to the reasonable satisfaction of Seller,and will continue to do so,subject to delays caused by events set out in Section 33 of this Contract, without interruption, until the Project is completed. Failure to meet these requirements shall be a material breach of this Contract for which Seller shall have its remedies, including, but not limited to collection of the Construction Performance Liquidated Damages pursuant to Section 12 of this Contract. and all such remedies as may be allowed by law or in equity. 3. All design, engineering, demolition, and construction work necessary to complete the Project in accordance with Buyer's Proposal in accordance with the Plans shall be Substantially Completed. and a final certificate of occupancy has been issued to Buyer from the City of Roanoke Department of Planning Building and Development for the Building by 18 months after the Closing Date. In the event that Buyer fails to Substantially Complete the Project in accordance with this Section, such event shall be a material breach of this Contract for which Seller shall have its remedies, including, but not limited to collection of the Construction Performance Liquidated Damages pursuant to Section 12 of this Contract, and all such remedies as may be allowed by law or in equity. 6 DRAFT August 14, 2023 4. Within ninety (90) days after the issuance of the final certificate of occupancy by the City of Roanoke Planning, Building and Development Department for the use. occupancy and operation of the building, Buyer shall certify. in writing.. to the City the amount invested by Buyer in building construction and equipment in connection with the Project. This certification shall include a detailed itemization of these costs, certified by the Buyer. In the event that the amount of this investment is less than the Minimum Investment, such event shall be a material breach of this Contract for which Seller shall have its remedies, including, but not limited to the Buyer shall pay to the City the amount of the difference between the Minimum Investment and the actual amount of the investment, and all such remedies as may be allowed by law or in equity. 5. Buyer agrees to and shall provide written progress reports(which may be by email) to Cassandra Turner four times a year. on the 1st day of the months of January, April, July, and October subsequent to Closing and until Substantial Completion. Such progress reports shall provide the Seller with sufficient information regarding Buyer's status as to performance of Post-Closing activities to meet the terms of this Contract and to alert Seller to any issues. problems, or delays that Buyer has encountered or anticipates Buyer may encounter. 6. Buyer acknowledges and agrees that Buyer shall not sell, transfer. or otherwise dispose of the Property, any portion of the Property. or any interest in the Property. other than a deed of trust or mortgage in connection with the development and construction of the Project, until the Property has been developed completely in accordance with the Proposal and subsequent Plans, and a final, permanent certificate of occupancy issued by the City of Roanoke Department of Planning. Building and Development has been granted to Buyer for the Building. If Buyer conveys, transfers, or attempts to convey or transfer the Property, any portion of the Property.or any interest in the Property. such conveyance shall be deemed void. of no force or effect, and a breach of this Contract. 7. Buyer may grant a mortgage or deed of trust on the Property provided that the holder of any such mortgage or deed of trust shall acknowledge and agree in writing that the right granted Seller pursuant to Section 4.B.8 is superior to the mortgage or deed of trust. Buyer shall require that each and every lender of the Buyer that seeks to encumber the Property with a mortgage or deed of trust to acknowledge and agree to the provisions of this Section 4.B.7. 8. Buyer recognizes that Seller is selling the Property to Buyer at a discounted sales price. The parties acknowledge and agree that as of the date of this Contract, the assessed value of the Building, by the City of Roanoke's Director of Real Estate Valuation is S384,500. In the event,Buyer sells, or otherwise conveys the Property, or any part of the Property, at any time within four years of the date the final. permanent certificate of occupancy is issued by the City of Roanoke Department of Planning. Building and Development to Buyer for the Building, Buyer shall repay to the City S384,500, whether or not the Property has depreciated or appreciated in 7 DRAFT August 14, 2023 value. This obligation shall be secured by a first priority Deed of Trust on the Property. The Deed of Trust shall contain such standard and commercially reasonable terms and conditions that are standard in commercial transactions within the Commonwealth of Virginia and shall be in a form acceptable to Seller. 9. Buyer shall be responsible for payment of all application, filing and related fees to the City of Roanoke for the creation of the Property as a separate parcel from its adjoining property belonging to Seller as defined in Section 4.A.2.e above. 10. Buyer agrees that the Deed will include a restriction that the Property shall not be subdivided at any time after Closing. 11. Buyer agrees that the Deed will include a restriction that the Property shall only be developed for apartment units reserved for households earning 50% and 60%Area Median Income. C. Obligations Survive Closing. 1. Buyer agrees that the conditions and obligations of Buyer under this Contract are conditions and obligations that shall be incorporated either directly or by reference in any deed to the Property from Seller to Buyer, shall survive Closing, and shall be binding on Buyer's successors and assigns. These conditions and obligations of the Buyer which survive the Closing shall run with the land. Upon the written request of Buyer after satisfaction of one or more conditions or obligations by Buyer which survived the Closing,the City shall verify satisfaction of such conditions or obligations by Buyer and,upon verification,the City shall execute and deliver to Buyer a document in which the City acknowledges the satisfaction of such conditions or obligations of the Buyer which survived the Closing. Such document shall be in a form suitable for recording in the Clerk's Office of the Circuit Court for the City of Roanoke. Virginia. The form of the document shall be approved by the City Attorney and shall acknowledge satisfaction of only those conditions or obligations of Buyer specifically set forth in such document and shall further provide that all other conditions and obligations of Buyer (except for those previously satisfied and acknowledged by the City in writing) remain in full force and effect. If requested by Buyer, the City shall provide a separate document following the satisfaction of each condition or obligation of the Buyer hereunder. The Buyer shall be responsible for the costs of recording each such document. 2. Seller's obligations set forth in Section 4.B shall survive the Closing, subject to strict compliance by Buyer with respect to the conditions of Section 4.B. SECTION 5. COMPLIANCE WITH LAWS. Buyer agrees to and shall comply with all applicable federal, state, and local laws, ordinances, and regulations, including all applicable licensing requirements. Buyer further agrees that Buyer does 8 DRAFT August 14, 2023 not, and shall not during the performance of this Contract, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986. 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. LNDEMNITY. Buyer agrees to indemnify and hold harmless Seller and its officers, directors, and employees free and harmless for and from any and all claims, causes of action, damages or any liability of any type, including reasonable attorneys fees. on account of any claims by or any injury or damage to any persons or property growing out of or directly or indirectly resulting or arising in any way out of any actions, omissions, or activities of Buyer or its agents, employees, contractors, or representatives arising out of or connected in any way to any of the matters involved in this Contract or any performance thereunder. Buyer's indemnity obligations hereunder shall be subject to the provisions of Section 17(B)(3) of this Contract. SECTION 8. FORUM SELECTION AND CHOICE OF LAW. By virtue of entering into this Contract. Buyer agrees and submits itself to a court of competent jurisdiction, which shall be the Circuit Court or General District Court for City of Roanoke, Virginia, and further agrees this Contract is controlled by the laws of the Commonwealth of Virginia, with the exception of Virginia's conflict of law provisions which shall not apply, and that all claims,disputes and other matters shall be decided only by such court according to the laws of the Commonwealth of Virginia as aforesaid. Buyer further waives and agrees not to assert in any such action, suit or proceeding, that it is not personally subject to the jurisdiction of such courts, that the action, suit or proceeding. is brought in an inconvenient forum or that the venue of the action. suit or proceeding. is improper. SECTION 9. EASEMENTS. Buyer promises and agrees to grant and dedicate to Seller and'or the Western Virginia Water Authority, at any time before Substantial Completion, all reasonably necessary easements on Buyer's Property for the construction of infrastructure improvements needed for or benefiting the Property and which easements are necessary to and benefitting the development of the Project in accordance with Buyer's Proposal, including, but not limited to. storm drainage, sanitary sewers, andlor water. all at no cost to the Seller andJor the Western Virginia Water Authority. SECTION 10. COVENANTS AND WARRANTIES. A. In addition to any representations and warranties contained elsewhere in this Contract, Seller warrants and represents that Seller will, in accordance with this Contract, convey title to the Property in an AS IS condition and subject to any items of record. 9 DRAFT August 14. 2023 B. Seller further represents and warrants with respect to the Property that: 1. Title. Seller has title to the Property subject to any restrictions of record. Seller is the sole owner of the Property. 2. Condemnation. Seller has no knowledge of any pending or threatened proceedings for condemnation or the exercise of the right of eminent domain as to any part of the Property or the limiting or denying of any right of access thereto. 3. Special Taxes. Seller has no knowledge of, nor has it received any notice of. any other special taxes or assessments relating to the Property or any part thereof. 4. Hazardous Materials. Seller makes no warranties or representations of any type regarding hazardous materials of any type. 5. No Leases. There are no leases of the Property. 6. Access. Ingress to and egress from the Property is provided through Salem Ave, S.W. and Norfolk Ave, S.W. SECTION 11. TITLE AND CLOSING. A. Title to the Property shall be conveyed by Seller to Buyer by Deed subject to the following: 1. Ad valorem real property taxes, stormwater utility fees, and solid waste fees for the current year, not yet due and payable; 2. Those other matters of title to which Buyer has not objected to in writing: 3. Those matters reflected on the survey, if prepared by Buyer. to which Buyer has not objected to in writing, or. in the event that Buyer does not perform a survey prior to Closing. all matters that would be revealed by an accurate ground survey of the Property; 4. Easements, encumbrances, and other restrictions of record as of the date of execution of this Contract by Seller; 5. Liens and objections shown on the Title Commitment; 6. The Restrictive Performance Covenant; 7. The Restrictive Use and Development Covenant; 8. The limitations on sale of the Property set forth in Section 4(B)(8)of this Contract; 10 DRAFT August 14, 2023 9. Other standard exceptions contained in a Title Policy as defined in Section 11(B) below; and 10. Those items and matters set forth in this Contract and that the obligations and undertakings of Buyer in this Contract shall survive Closing and be incorporated into the Deed. All of the foregoing exceptions are herein referred to collectively as the "Conditions of Title." B. Delivery of title in accordance with the foregoing shall be evidenced by the willingness on the Closing Date of the Title Company to issue, upon payment of its normal premium, to Buyer its A.L.T.A. (Form B)Owner's Policy of Title Insurance(the "Title Policy")insuring Buyer in the amount of the Purchase Price in respect to the Property and that title to the Property is vested in Buyer subject only to the Conditions of Title. C. Buyer and Seller shall consummate and complete the Closing of this transaction no later than 60 days after satisfaction of all conditions set forth in Section 3. Buyer shall designate the specific date on which the Closing shall occur within such period set forth above at least thirty(30) business days prior to the Closing Date. Under no circumstance shall the Closing occur later than March 29, 2024.unless Seller grants further extension periods. D. The Closing shall be at 10:00 A.M. on the Closing Date in the Office of the City Attorney, or at such other location, date, and time as shall be approved by Buyer and Seller. 1. On the Closing Date, Seller shall deliver or cause to be delivered to Buyer the following documents: a) Its duly executed and acknowledged Deed conveying to Buyer the Property in accordance with the provisions of this Contract: b) A mechanic's lien affidavit executed by a representative of Seller, satisfactory to the Title Company, and to the effect that no work has been performed on the Property by Seller in the one hundred twenty-five (125) days immediately preceding the Closing Date that could result in a mechanic's lien claim, or. if such work has been performed. it has been paid for in full; c) Such evidence and documents including,without limitation,a certified copy of the ordinance adopted by Seller, as may reasonably be required by the Title Company evidencing the authority of the person(s) executing the various documents on behalf of Seller in connection with its sale of the Property; d) A duly executed counterpart of a Closing Statement; and 11 DRAFT August 14, 2023 e) Any other items required to be delivered pursuant to this Contract or other items reasonably required by the Title Company and that do not include the payment of money. indemnity, or assumption of any liability or obligation. E. At Closing, real property taxes (if any), stormwater utility fees. and solid waste fees shall be prorated with Buyer being responsible for all periods thereafter. F. Buyer shall pay for(i)the cost of all investigations of the Property including but not limited to examination of title and title insurance premiums for issuance of the Title Policy; (ii) all attorney's fees and expenses incurred by legal counsel to Buyer; and (iii)any Grantee's tax, settlement charges,and recording costs required to be paid in connection with the recording of the Deed. G. Seller shall pay the Grantor's tax, if any, and the expenses of legal counsel for Seller, if any. H. Exclusive possession of the Property shall be delivered to Buyer on the Closing Date, subject to the provisions of this Contract. SECTION 12. CONSTRUCTION PERFORMANCE LIQUIDATED DAMAGES. Buyer recognizes that Seller is selling the Property to Buyer at a discounted sales price and Buyer acknowledges and agrees that an essential element of the agreement between the City and Buyer with respect to the Project is that Buyer commences Construction Activity and achieves Substantial Completion of Construction in a timely manner. Buyer and the City acknowledge and agree that delays in the construction activity will cause damages to the City which are not capable of exact measurement. The City and Buyer agree that in the event Buyer fails to commence Construction Activity 90 days after the Closing Date, o r achieve Substantial Completion of Construction 12 months after the Closing Date, and in the absence of any delays caused by events set out in Section 33 of this Contract, or any written extensions that may be granted by the City. Buyer shall pay to the City the Construction Performance Liquidated Damages in the amount equal to the sum of(i) One Hundred Dollars (8100.00); multiplied by (ii) each Day after (a) 90 days after the Closing Date and until and including the Day on which the Buyer actually commences Construction Activity; and (b) 18 months after the Closing Date and until and including the Day on which the Buyer actually achieves Substantial Completion of Construction. Buyer hereby waives any defense as to the validity of any liquidated damages stated herein on the grounds that such liquidated damages could be void as penalties or are not reasonably related to actual damages. Such liquidated damages are in addition to any other damages the City may be entitled to recover. SECTION 13. 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 12 DRAFT August 14. 2023 in writing and within twenty (20) days after receipt of written notice to Buyer. Buyer may by written notice to Seller elect to cancel this Contract prior to the Closing Date, in which event all parties shall be relieved and released of and from any further duties, obligations, rights, or liabilities hereunder, and thereupon this Contract shall be deemed terminated and of no further force and effect. If no such election is made by Buyer to cancel this Contract, this Contract shall remain in full force and effect and the purchase contemplated herein, less any interest taken by condemnation or eminent domain, shall be effected with no further adjustments, and upon the Closing Date, Seller shall assign, transfer, and set over to Buyer all of the right, title, and interest of Seller in and to any awards that have been or that may thereafter be made for any such taking or takings. SECTION 14. RISK OF LOSS. Risk of Loss by fire or other casualty shall be upon Seller until Closing is completed, except if such loss is the result of acts or omissions of Buyer or Buyer's employees, agents, contractors, or representatives, in which case such loss shall be Buyer's responsibility. Provided, however, if the Property is substantially damaged or destroyed before Closing by such casualty, then either party may cancel this Contract by giving the other party thirty (30) days written notice of such cancellation and neither party will have any further obligations to the other and Seller shall not be liable to Buyer for any failure to deliver the Property to Buyer. SECTION 15. COMMISSIONS. Seller and Buyer each warrant and represent to the other that their sole contact with the other or with the Property regarding this transaction has been directly between themselves and their employees. Seller and Buyer warrant and represent that no person or entity can properly claim a right to a commission, finder's fee, or other compensation based upon contracts or understandings between such claimant and Buyer or Seller with respect to the transaction contemplated by this Contract. Buyer agrees to indemnify Seller against and to hold it harmless from any claim, loss, cost, or expense, including, without limitation, attorneys' fees, resulting from any claim for a commission, finder's fee, or other compensation by any person or entity based upon such contacts or understandings. SECTION 16. REMEDIES. A. In the event Buyer shall have fully performed or tendered performance of its duties and obligations hereunder, but Seller fails to perform any of its duties or responsibilities in accordance with the terms and provisions hereof. Buyer's sole and exclusive remedy shall be an equitable suit to enforce specific performance of such duties or responsibilities. Any and all other remedies otherwise available to Buyer. at law or in equity, are hereby expressly waived by the Buyer except as otherwise specifically stated in this Contract. B. If Buyer fails to comply with any of the terms and conditions,or any of Buyer's obligations. of this Contract, Seller may enforce any and/or all remedies available to Seller under this Contract or by law. including. but not limited to termination of this Contract, collection of 13 DRAFT August 14, 2023 the Construction Performance Liquidated Damages pursuant to Section 12 of this Contract, and all such remedies as may be allowed by law or in equity. SECTION 17. RIGHT OF ENTRY AND IiNSPECTION PERIOD. A. Buyer shall have up to 180 Days following the execution of this Contract to complete Buyer's due diligence review of the Property (Inspection Period) to determine if there are any issues that would prevent the Buyer's use of the Property and to obtain all Permits and Approvals Buyer deems necessary or appropriate for the construction of the Project. By written notice.Buyer may extend the Inspection Period for an additional period of 60 Days provided Buyer is diligently presenting applications and diligently and timely making efforts, in good faith, to obtain all Permits and Approvals Buyer deems necessary or appropriate for the construction of the Project, or to satisfy itself that such Permits and Approvals will be available. Should Buyer determine during such Inspection Period that it is not satisfied with the Property or any characteristics thereof for any reason whatsoever. in Buyer's sole and absolute discretion,Buyer may terminate this Contract by notifying the Seller in writing as soon as possible, but no later than tell (10) Days after the end of such Inspection Period,of Buyer's decision to terminate the Contract. In such case,this Contract shall thereupon be terminated and of no further force and effect, unless Seller and Buyer mutually agree to modify this Contract to address any such issues. B. In connection with the Buyer's ability to conduct its due diligence review mentioned above the Seller hereby grants to Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives, and consultants. a revocable right to enter upon the Property at any time during the Inspection Period, upon two (2) working days prior written notice via email to the Seller, or the Seller's designee, at the following email address: cassandra.turner(crroanokeva.gov in order to survey, make test borings, and carry out such other examinations, exploratory work, or settings as may be necessary to complete Phase I and Phase II Environmental Assessments, or geotechnical assessments, or nondestructive engineering evaluations of the Property, and to store Buyer's property and equipment, upon the following terms and conditions: 1. If the Buyer exceeds its rights granted under this Section or fails to obtain and maintain the insurance required by this Section 17, the Seller may immediately revoke this right of entry. 2. Buyer agrees to be responsible for any and all damages resulting from the activity or activities of Buyer, its officers, agents. employees, contractors, subcontractors,licensees, designees,representatives and consultants, on the Property in the exercise of the rights granted under this Section. Buyer shall, at its sole cost, promptly and fully restore any land disturbed by the exercise of the rights under this Section to a condition equal to that existing immediately prior to entry on the Property if Buyer does not purchase the Property. 3. Buyer agrees and binds itself and its successors and assigns to indemnify, keep and hold the Seller and its officers, agents. employees,volunteers, and 14 DRAFT August 14, 2023 representatives free and harmless from any and all liability, claims, causes of action, costs and damages of any type, including reasonable attorney's fees, on account of any injury or damage of any type to any person or property growing out of or directly or indirectly resulting from any act or omission of Buyer in connection with this right of entry, including, but not limited to. Buyer's use of the Property in violation of any provision of this Contract, claims relating to the storage of property by Buyer on the Property, or the exercise of any right or privilege granted by or under this Section 17. In the event that any suit or proceeding shall be brought against the Seller or any of its officers, employees, agents, volunteers, or representatives, at law or in equity, either independently or jointly with Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, on account thereof. Buyer,upon notice given to it by the Seller or any of its officers,employees, agents, volunteers or representatives will pay all costs of defending the Seller or any of its officers,employees,agents,volunteers or representatives in any such action or other proceeding. In the event of any settlement or any fmal judgment being awarded against the Seller or any of its officers, employees, agents, volunteers or representatives, either independently or jointly with Buyer. its officers, agents, employees, contractors, subcontractors, licensees. designees, representatives and consultants, then Buyer will pay such settlement or judgment in full or will comply with such order or decree, pay all costs and expenses of whatsoever nature, including reasonable attorney's fees, and hold the Seller or any of its officers, employees, agents. volunteers or representatives harmless therefrom. Buyer's indemnity obligations hereunder are conditioned upon the indemnified party: (i)promptly notifying Buyer of any claim in writing; (ii) cooperating with Buyer in the defense of the claim; and (iii) granting Buyer sole control of defense or settlement of the claim at the sole cost and expense of Buyer. 4. Buyer shall, within a reasonable period of time after its receipt of any preliminary or final test results or conclusory reports and opinion statements related to the physical condition of the Property, deliver or cause to be delivered 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. Said copies shall be provided to Seller without charge. 5. Buyer shall comply with, and shall require its officers, agents, employees. contractors, subcontractors, licensees, designees, representatives. and consultants to comply with, all applicable federal, state, and local laws, rules, and regulations. Buyer shall obtain, and shall require its officers. agents, employees, contractors, subcontractors, licensees, designees, representatives, and consultants to obtain, prior to exercising any rights under this Section 17 and any and all permits therefore at their expense. 15 DRAFT August 14, 2023 6. 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 work or other performance by Buyer under this Section 17 of this Contract. The following policies and coverages are required: (i) Commercial General Liability. Commercial General Liability insurance, written on an occurrence basis, shall insure against all claims, loss, cost, damage, expense or liability from loss of life or damage or injury to persons or property arising out of the acts or omissions of Buyer, its, contractors, employees, agents, and representatives. The minimum limits of liability for this coverage shall be S1,000.000 per occurrence and S2,000,000 general aggregate. (ii) Contractual Liability. Broad form Contractual Liability insurance shall include the indemnification obligation set forth above. (iii) Workers' Compensation. Workers' Compensation insurance covering the statutory obligations of the Buyer. and its contractors and representatives under the laws of the Commonwealth of Virginia and Employer's Liability insurance shall be maintained for all its employees engaged in work under this Section 17. Minimum limits of liability for Employer's Liability shall be $100.000 bodily injury by accident each occurrence; S500,000 bodily injury by disease (policy limit); and $100,000 bodily injury by disease (each employee). With respect to Workers' Compensation coverage, the insurance company shall waive rights of subrogation against the Seller, its officers, employees, agents, volunteers and representatives. (iv) Automobile Liability. The minimum limit of liability for Automobile Liability Insurance shall be S1,000,000 combined single limit applicable to owned or non-owned vehicles used in the performance of any work under Section 17 of this Contract and shall be written on an occurrence basis. 7. 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 S 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 furnished by Buyer to the Seller. 8. All insurance shall also meet the following requirements: Buyer shall furnish the Seller a certificate of insurance and any applicable endorsements 16 DRAFT August 14, 2023 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 the Seller may have; The Buyer shall immediately notify the City in writing if any of the insurance policies or coverages required, including those of subcontractors and representatives, are canceled or materially altered, and shall immediately replace such insurance and provide documentation of such to the City; The required insurance policies and coverages, except as to Workers' Compensation and Employer's liability, shall name the City. its officers, employees, agents, volunteers and representatives as additional insureds, and an endorsement from the insurer to this effect shall be received by the Risk Management Officer of the City within thirty(30)days of the date of this Contract; Where waiver of subrogation is required with respect to any policy of insurance required under this Section 3, such waiver shall be specified on the certificate of insurance; Insurance coverage shall be in a form and with an insurance company approved by the Seller, which approval shall not be withheld unreasonably. Any insurance company providing coverage under Section 3 shall be authorized to do business in the Commonwealth of Virginia.Buyer shall provide Seller's Risk Manager with not less than thirty (30)Days advance notice of cancellation or material alteration of any of the above required insurance coverage. SECTION 18. NOTICES. All notices hereunder must be in writing and shall be deemed validly given, by personal service, if sent by certified mail, return receipt requested, or by a nationally recognized overnight courier, addressed as follows (or any other address the party to be notified may have designated to the sender by like notice): If to Seller: City of Roanoke, ATTN: City Manager 364 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Telephone No. 540-853-2333 Fax No. 540-853-1138 With a Copy to: City of Roanoke Department of Economic Development ATTN: Economic Development Director 117 Church Avenue. S.W. Roanoke, VA 24011 Telephone No. 540-853-2715 Fax No. 540-853-1213 If to Buyer: 339 Salem Partners, LLC Chris Vail 17 DRAFT August 14, 2023 Sycamore Development Co 540-529-7134 19 Church Ave SW Roanoke, VA 24011 Notice shall be deemed delivered upon the date of personal service, two days after deposit in the United States mail, or the day after delivery to a nationally recognized overnight courier. SECTION 19. TIME. Time is of the essence in the performance of the parties' respective obligations in this Contract. SECTION 20. SUCCESSORS AND ASSIGNS. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. SECTION 21. COUNTERPART COPIES. This Contract may be executed in one or more counterparts, and all such counterparts so executed shall constitute one Contract binding on all of the parties hereto, notwithstanding that all of the parties are not signatories to the same counterpart. SECTION 22. CONSTRUCTION. The parties acknowledge that each party and its counsel have reviewed and revised this Contract and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Contract or any amendments or exhibits hereto. SECTION 23. SEVERABILITY AND SURVIVAL. If any term of this Contract is found to be invalid, such invalidity shall not affect the remaining terms of this Contract, which shall continue in full force and effect. The parties intend for the provisions of this Contract to be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable by any court or agency of competent jurisdiction, they shall be deemed modified to the extent necessary to make them enforceable. ALL TERMS AND CONDITIONS OF THIS CONTRACT SHALL SURVIVE CLOSING. SECTION 24. COOPERATION. Each party agrees to cooperate with the other in a reasonable manner to carry out the intent and purpose of this Contract. 18 DRAFT August 14. 2023 SECTION 25. AUTHORITY TO SIGN. The persons who have executed this Contract on behalf of the parties represent and warrant they are duly authorized to execute this Contract on behalf of their respective entity. SECTION 26. NONWAIVER. Each party agrees that any party's waiver or failure to enforce or require performance of any term or condition of this Contract or any party's waiver of any particular breach of this Contract by any other party extends to that instance only. Such waiver or failure is not and shall not be a waiver of any of the terms or conditions of this Contract or a waiver of any other breaches of the Contract by any party and does not bar the non-defaulting party from requiring the defaulting party to comply with all the terms and conditions of this Contract and does not bar the non- defaulting party from asserting any and all rights and/or remedies it has or might have against the defaulting party under this Contract or by law. SECTION 27. FAITH BASED ORGANIZATIONS. Pursuant to Virginia Code Section 2.2.-4343.1, be advised that the City does not discriminate against faith-based organizations. SECTION 28. CONFLICT BETWEEN PLANS AND CONTRACT TERMS. Seller and Buyer agree that the provisions of the Plans and other documents provided by Buyer to Seller are intended to be consistent with the terms of this Contract. However,if any of Buyer- supplied documents and/or the Plans are in conflict with the terms of this Contract, the parties agree that the terms of this Contract shall control, unless the parties mutually agree otherwise in a writing signed by both parties. SECTION 29. NONDISCRIMINATION. During the performance of this Contract, Buyer agrees as follows: A. Buyer will not discriminate against any employee or applicant for employment because of race, religion, color, sex, 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 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. 19 DRAFT August 14. 2023 D. Buyer will include the provisions of the foregoing in every subcontract or purchase order of over S 10,000, so that the provisions will be binding upon each subcontractor or vendor. SECTION 30. DRUG-FREE WORKPLACE. During the performance of this Contract, Buyer agrees to (i) provide a drug-free workplace for Buyer's employees; (ii) post in conspicuous places. available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale. distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition: (iii) state in all solicitations or advertisements for employees placed by or on behalf of Buyer that Buyer maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over S 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. SECTION 31. 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 32. APPROPRIATION OF FUNDS. All obligations or 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. 20 DRAFT August 14. 2023 SECTION 33. FORCE MAJEURE. Neither party shall be in default or otherwise liable for any delay in or failure of its performance under this Contract if such delay or failure arises by any reason beyond its reasonable control, including any act of God, any acts of common enemy, the elements, earthquakes, floods, fires, epidemics, riots, strikes, failures or delay in transportation or communication, shortages of material, approval delays or any act or failure to act by the other party or such other party's employees, agents or contractors; provided, however, that lack of funds shall not be deemed to be a reason beyond a party's reasonable control. The Parties shall promptly inform and consult with each other as to any of the above causes which in their judgment may or could be the cause of a delay in the performance of this Agreement. For purposes of this Contract, any one (1) delay caused by any such occurrence shall not be deemed to last longer than four (4) months and the party claiming delay caused by any and all such occurrences shall give the other party written notice of the same within 30 days after the date such claiming party learns of or reasonably should have known of such occurrence. Notwithstanding anything else set forth above. after a total of six (6) months of delays of any type have been claimed by a party as being subject to force majeure,no further delays or claims of any type shall be claimed by such party as being subject to force majeure and/or being an excusable delay. SECTION 34. 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 21 DRAFT August 14, 2023 IN WITNESS WHEREOF. Buyer and Seller have executed this Contract by their authorized representatives. 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 ,2023,by Robert S. Cowell, Jr., City Manager for the City of Roanoke, Virginia. a Virginia Municipal Corporation, for and on behalf of said municipal corporation. My commission expires: Notary Public SEAL Approved as to Form: Approved as to Execution: Assistant City Attorney Assistant City Attorney Authorized by Ordinance No. DRAFT August 14, 2023 339 SALEM PARTNERS. LLC By Chris Vail, Manager COMMONWEALTH OF VIRGINIA ' ' To-Wit: CITY OF The foregoing instrument was acknowledged before me this day of December,2022,by Chris Vail, Manager of 339 Salem Partners, LLC, a Virginia limited liability company for and on behalf of such entity. My commission expires: Notary Public SEAL 23 DRAFT August 14. 2023 EXHIBIT 1 DESCRIPTION OF PROPERTY Roanoke Official Tax Map No. 1010107 24 Exhibit A ire f• -. , _, , .` erg,. .d ,o�xx =t. �,, .:'` • -, , 411 Y" I ag NORFOLK AVE " - tt a . -',- of 4 �" . :ZOtt : U.J aE vx ''''41:+2;, ,.>'i*'.,W:.eiMZVT-Iii.gfaf:NZ::ii,'" it P,,''-,,'- .,,,.,,.I,.•,;;,,,,-', • * 3, . , -'-. t h YM , ..:. ,, .:., -.- , I ." ,,`A--,�"�. SALEM AVE : ' (1.1*-8.68-1*".. t>µ r— ' :::: . i .. -: d „ „„. 1 . _ ,.., . ,„ t . August 10, 2023 1:1,066 0 0.01 0.01 0-02 mi 0 0.01 0.02 0.04 km City of Roanoke DRAFT August 14. 2023 EXHIBIT 2 BUYER'S PROPOSAL 25 ROANOKE Development Opportunity For Sale 339 Salem Avenue SW, Roanoke, VA 24016 Proposal Deadline April 2 , 2023 taw 4434 The City of Roanoke's former Homeless Assistance Team (HAT) building and adjacent parking lot are available for redevelopment. The Property is located at 339 Salem Avenue SW, Roanoke, VA 2401 6 (Tax Map Number 1010107) and consists of approximately 0.22 acres. The building is approximately 14,505 square feet and was built in 1957, For complete property details, please follow the link provided below to the City of Roanoke's GIS system and use the Search/Query function by entering the tax map number. GIS link: https ,m gisre.roanok e, a.cgovy�, Our GIS system also displays program incentives, so please follow that link for a more comprehensive listing of potential incentives. How to Propose: Proposals for the property must contain the following elements: • Description of the organization's history, purpose and intended use of the property accompanied by a letter of commitment from its board leadership, • Business Plan outlining the use of the property and how funding will be obtained for its renovation/reuse. The plan must include funding commitment and renovation timelines for the property from the initial lease term to the completion of the project and will identify the legal name of the lessee/owner entity, • Renovation/Reuse plan outlining proposed physical improvements and proposed actions to retain/restore character defining architectural features of the property, • Any conditions and/or contingencies associated with the submitted Proposal. 5 ALIIK"li "IP -qs .40111111, ROANOKE_ Please submit your written proposal including the form on the following page to: Marc Nelson, Director Economic Development 117 Church Avenue, SW Roanoke, VA 24011 Or by email to econJ,.I_<.1oarnokev.a,go. Only those proposals sent to the Department of Economic Development and containing all of the proposal elements above will be considered. For more information, please contact the Department of Economic Development at 540-853.2715. 4141111■� CITY OF ROANOKE ECONOMIC DEVELOPMENT DEPARTMENT ROANOKE LEASE-TO-OWN PROPOSAL ..A Ada ROANOKE PROPERTY ADDRESS 3.39 Salem Avenue SW_RoanokelVA 24010 TAX NUMBER: 1010107 DATE: April 27, 2023 APPLICANT/CONTACT: Brent Cochran & Chris Vail FULL NAME (As to be stated on the Lease): LLC name TBD. HOME ADDRESS (or) PRINCIPAL OFFICE: 19 Church Ave SW. (Physical addresses only No Post Office Boxes) CITY: Roanoke STATE VA ZIP: 24011 DAYTIME PHONE: 540-529.7134 (Chris) 540-597-6914 (Brent) D CORPORATION D INDIVIDUAL(S) D LIMITED PARTNERSHIP D JOINT TENANTS V LIMITED LIABILITY COMPANY D TENANTS IN COMMON D PARTNERSHIP D SOLE PROPRIETORSHIP I hereby certify that I have been provided with and have read the announcement of Lease- To-Purchase for the above-referenced property and submit this proposal in accordance with all provisions of the said announcement. Signature Renewal Construction Sycamore Development Joint Venture Chris Vail Brent Cochran 19 Church Ave. SW. Roanoke, VA 24011 April 27, 2023 Mr. Marc Nelson Director of Economic Development 117 Church Ave SW Roanoke, VA 24011 Dear Mr. Nelson, I am writing today to express interest on behalf of Brent Cochran and Chris Vail regarding a proposed redevelopment of the former HAT parcel at 339 Salem Avenue SW. Roanoke, VA 24016. The proposed joint venture is to redevelop the site with a six-story multi-family structure with first floor lobby and fitness center. The intention of the proposed development is to deliver approximately eighty (80) one-bedroom and two-bedroom apartment units reserved for individuals earning 50% and 60% of the area median income. This project would be financed, in part, with the use of Low Income Housing Tax Credits. Initial conversations with Jen Wickham of VCDC, a VA Non-Profit which serves as a technical partner in pursuing the LIHTC program, indicates we would be in contention in obtaining funding via the 9% LIHTC program. Our request, is to purchase the property from the City of Roanoke for a nominal amount of $10 with a commitment to invest no less than $8-million. The proposed six-story building will be constructed to market standards, comparable to other newly constructed multi-family facilities in the area. We believe the end product would offer Roanoke residents a new inventory of quality housing units which are fully reserved at the 50%and 60%AMI income and rental restriction range. Brent Cochran has been involved in the development, management, operation of several hundred multi- family units in the region over the last 10-years. Chris Vail is a Certified General Real Estate Appraiser who has been involved in the financial feasibility underwriting and analysis of hundreds to proposed new- development housing units as well as serving as the developer of nearly 100-units. We appreciate your consideration and look forward to furthering our discussions on this proposed project. The Roanoke Times Account Number Roanoke,Virginia 6007932 Affidavit of Publication Date CITY OF ROANOKE-CLERKS OFFICE August 14,2023 Attn Cecelia Webb 215 CHURCH AVE SW ROOM 456 ROANOKE,VA 24011 Date Category Description Ad Size Total Cost 08/23/2023 Legal Display Ads PUBLIC HEARING 2 x 0.00 IN 856.95 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 was published in said newspapers on the following dates: 08/14/2023 The First insertion being given... 08/14/2023 Newspaper reference: 0001438221 Billing Representative Sworn to and subscribed before me this 14th Day of August 2023 Notary Public State of Virginia Richard A.Hundley County of Hanover Notary Public My Commission expires Commonwealth of Virginia Notary Rcgictration No.7904041 Commission Exp.Jan 31,2024 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU r NOTICE OF PUBLIC HEARING ----_ -- -- -- Pursuant to the requirements of Sections 15.2-1800.B and 15.2-1813,Code of Virginia_ (1950),as amended,notice is hereby given that the Council of the City of Roanoke will hold a public hearing on August 21,2023,at 7:00 p.m.,or as soon thereafter as the matter may' be heard,in the Council Chamber,4th Floor,Room 450,Noel C.Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011, to receive public comments on the proposed sale of 339 Salem Avenue,S.W.,Official Tax Map No.1010107.339 Salem Partners, LLC, (Buyers), propose to purchase this property for $10.00, together with other consideration and performance of other obligations by Buyer. 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 Monday,August 21,2023. The full text of the proposed contract and ordinance is available on and after August 14,2023, from the Office of the City Clerk,4th Floor,Room 456,Noel C.Taylor Municipal Building, 215 Church Avenue,S.W.,Roanoke,Virginia,24011;by telephone,at(540)853-2541,or by email at clerk@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 Thursday,August 17,2023. The City of Roanoke provides interpretation at no cost for all public meetings,upon request. If you would like to request an interpreter,please let us know at least 24 hours in advance by calling(540)853-1283. La Ciudad de Roanoke proporciona interpretation sin costo por todas cites publicas,previa soticitud.Si usted desea solicitar un interprete,haganoslo saber con al menos 24 horas de entelacidn por!lamer(540)853-1283. Jiji la Roanoke linatoa huduma ya ukalimani bile malipo katika mikutano yote ya umma, inapoombwa.Iwapo ungependa kuomba mkalimani,tafadhali tujulishe angatau saa 24 kabla• kwa kupiga simu(540)853-1283. .N- ).1'.i�;,:aaj,WYr u2;?,4.4a:,444. .y.y.._.+:,4 I .44 14:9+r t.{540)853-1283 f u.j;,;;4,443o.r .2444..24;Ss.+.e.141 i„,,i4 Given under my hand this 14th day of August 2023. Cecelia F.McCoy,City Clerk NOTICE OF PUBLIC HEARING Pursuant to the requirements of Sections 15.2-1800.B and 15.2-1813, Code of Virginia(1950), as amended, notice is hereby given that the Council of the City of Roanoke will hold a public hearing on August 21, 2023, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, 4`1' 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 339 Salem Avenue, S.W., Official Tax Map No. 1010107. 339 Salem Partners, LLC, (Buyers), propose to purchase this property for $10.00, together with other consideration and performance of other obligations by Buyer. All persons wishing to address City Council must sign-up with the City Clerk's Office by emailing clerk@roanokeva.gov or calling (540) 853-2541 by 12:00 noon, on Monday, August 21, 2023. The full text of the proposed contract and ordinance is available on.and after August 14, 2023, from the Office of the City Clerk, 4`" Floor, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011; by telephone, at (540) 853-2541, or by email at clerk@roanokeva.gov. For further information on the matter, you may contact the Office of the City Clerk at(540) 853-2541. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Thursday, August 17, 2023. The City of Roanoke provides interpretation at no cost for all public meetings, upon request. If you would like to request an interpreter, please let us know at least 24 hours in advance by calling (540) 853-1283. La Ciudad de Roanoke proporciona interpretacion sin costo por todas citas publicas, previa solicitud. Si usted desea solicitar un interprete, haganoslo saber con al menos 24 horas de antelacion por llamar (540) 853-1283. Jiji la Roanoke linatoa huduma ya ukalimani bila malipo katika mikutano yote ya umma, inapoombwa. Iwapo ungependa kuomba mkalimani, tafadhali tujulishe angalau saa 24 kabla kwa kupiga simu (540) 853-1283. u 19 n }$I I1S i41,1 j.) jA 1,1 JS JIB u�y IJ L.(540) 853-1283 24 Given under my hand this 14th day of August 2023. Cecelia F. McCoy, City Clerk Note to Publisher: Please publish once in the Roanoke Times,legal notices, on Monday, August 14, 2023. 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of August 2023. No. 42738-082123. AN ORDINANCE appropriating funding from the County of Roanoke, amending and reordaining certain sections of the 2023-2024 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 2023-2024 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Expenditures Construction Other 35-310-8326-9065 $ 34,630 Revenues Roanoke Foundation for Downtown, Inc (Wayfinding Signs) 35-310-8326-8326 $ 34,630 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: -WILE"is c-fYL4C-46T City Clerk. ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: August 21, 2023 Subject: Acceptance of Funds from Roanoke County for the Shared Installation Cost of Regional Gateway Signs. Background: Visit Virginia's Blue Ridge (VBR) sponsored a study for enhancing wayfinding for the City of Roanoke and surrounding localities. The resulting Regional Wayfinding Program identifies four locations for Gateway signs that border the City of Roanoke and Roanoke County. A Wayfinding Signs MOU between the City of Roanoke and Roanoke County, dated March 23, 2022, establishes the cost share and maintenance of the identified Gateway signs. Considerations: The installation cost for the four Gateway signs is $138,520. Per the established MOU, the City of Roanoke and Roanoke County will each fully fund the installation cost of two signs and share the cost for the final two. Recommended Action: Accept the reimbursement from Roanoke County for $34,630 and appropriate into the existing Wayfinding capital account. Establish a new capital account for the Gateway Entry Sign Program. 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