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Council Actions 11-18-13
LEA 39802 - 111813 ROANOKE CITY COUNCIL REGULAR SESSION NOVEMBER 18, 2013 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order- -Roll Call. Council Member Bestpitch was absent. The Invocation was delivered by Council Member Sherman P. Lea. Moment of Silence in honor of the Director of Finance's father, who passed away over the weekend. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. Welcome. Mayor Bowers. NOTICE: Today's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, November 21 at 7:00 p.m., and Saturday, November 23 at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. THE CITY CLERK'S OFFICE PROVIDES THE MAJORITY OF THE CITY COUNCIL AGENDA ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO ACCESS AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT WWW.ROANOKEVA.GOV, CLICK ON THE GOVERNMENT ICON. NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. SPECIAL ASSISTANCE IS AVAILABLE FOR DISABLED PERSONS ADDRESSING CITY COUNCIL. EFFORTS WILL BE MADE TO PROVIDE ADAPTATIONS OR ACCOMMODATIONS BASED ON INDIVIDUAL NEEDS OF QUALIFIED INDIVIDUALS WITH DISABILITIES, PROVIDED THAT REASONABLE ADVANCE NOTIFICATION HAS BEEN RECEIVED BY THE CITY CLERK'S OFFICE. PERSONS WISHING TO ADDRESS COUNCIL WILL BE REQUIRED TO CONTACT THE CITY CLERK'S OFFICE PRIOR TO THE MONDAY COUNCIL MEETING, OR REGISTER WITH THE STAFF ASSISTANT AT THE ENTRANCE TO THE COUNCIL CHAMBER PRIOR TO COMMENCEMENT OF THE COUNCIL MEETING. ONCE THE COUNCIL MEETING HAS CONVENED, THERE WILL BE NO FURTHER REGISTRATION OF SPEAKERS, EXCEPT FOR PUBLIC HEARING MATTERS. ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE ALLOTTED FIVE MINUTES EACH; HOWEVER, IF THERE ARE MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLOTTED THREE MINUTES. ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMITTEE MAY CONTACT THE CITY CLERK'S OFFICE AT 853 -2541, OR ACCESS THE CITY'S HOMEPAGE TO OBTAIN AN APPLICATION. THE COUNCIL OF THE CITY OF ROANOKE IS SEEKING APPLICATIONS FOR THE FOLLOWING CURRENT OR UPCOMING EXPIRATIONS OF TERMS OF OFFICE: BUILDING AND FIRE CODE BOARD OF APPEALS (ONE UNEXPIRED TERM ENDING JUNE 30, 2015) FAIR HOUSING BOARD (ONE UNEXPIRED TERM ENDING MARCH 31, 2016) ROANOKE NEIGHBORHOOD ADVOCATES (ONE THREE -YEAR TERM OF OFFICE) 2 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: A Proclamation declaring Saturday, November 30, 2013 as Small Business Saturday. Presented proclamation to Don Motley, Board Chair, Roanoke Regional Chamber of Commerce. 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. Jim Leonard appeared before the Council to note concerns about the City creating a Stormwater Utility Fee. 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 meetings of Council held on Tuesday, September 3, 2013 and Monday, September 16, 2013. RECOMMENDED ACTION: Dispensed with the reading of the minutes and approved as recorded. C -2 A communication from Council Member Anita J. Price, Chair, City Council Personnel Committee requesting that Council convene in a Closed Meeting to discuss a personnel matter, being the performance of a Council- Appointed Officer, pursuant to Section 2.2 -3711 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in request. C -3 Report of qualification of Brian K. Redd as a Director of the Economic Development Authority for a four -year term of office ending October 20, 2017. RECOMMENDED ACTION: Received and filed. t' REGULAR AGENDA 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: NONE. 7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: 1. Acceptance and appropriation of funds in connection with the FY 2013 State Homeland Security Program Grant from Virginia Department of Emergency Management to allow eight local law enforcement agencies to connect their records management systems with the Llnx system. Adopted Resolution No. 39802 - 111813 and Budget Ordinance No. 39803 - 111813 (6 -0). 2. Approval of an encroachment in the right -of -way on Market Street, S. E., in connection with the installation of a 5' X 8' sculpture. Adopted Ordinance No. 39804 - 111813 (6 -0). 3. Authorization to acquire real property rights in connection with the Courtland Road Drainage Project in the general vicinity of the 600, 700, and 800 blocks of Queen Avenue, N. W., 2200 block of Lyndhurst Street, N. W., and 2700, 2800, 2900, and 3100 blocks of Courtland Road, N. W. Adopted Ordinance No. 39805 - 111813 (6 -0). 4. Authorization to convey to the Western Virginia Water Authority a 33,600 square foot sewer easement on Mill Mountain Crossing, to install new sewer pipe and connect Mill Mountain Zoo to public gravity sewer. Adopted Ordinance No. 39806 - 111813 (6 -0). B COMMENTS BY CITY MANAGER. The City Manager shared the following comments: Top Digital City Award • For the 13th consecutive year, the Center for Digital Government's Digital Cities Survey has named the City of Roanoke as a Top Digital City. • Roanoke ranked ninth in the nation for 2013 among the cities in the 75,000 to 124,999 population category. • This year's ranking required cities to complete a survey focused on results achieved by the use of technology in operating efficiencies, realizing strategic objectives, innovative or creative solutions or approaches, effective collaboration and transparency measures, among others. • The other first place award winners for their population size are Boston, Massachusetts; Irving, Texas; and Palo Alto, California. • The winners were recognized during the National League of Cities annual conference in Seattle, Washington, on November 15. 2013 Summit Award • On November 8, the Public Relations Society of America, Blue Ridge Chapter honored the Roanoke Police Department and Roanoke Valley Television with a Silver Summit Award forthe video "Choose Right! The Dangers of Synthetic Drugs." • The objective of the project was to create an informative and interesting video that would educate the public of the dangers of using synthetic drugs. • The video was designed to appeal to a broad audience, especially young adults. In order to reach the largest audience possible, the video utilized TV, Social Media, and DVD distributions. 5 U.S. Capitol Christmas Tree Comina to Roanoke • The 2013 U.S. Capitol Christmas Tree, also known as "The People's Tree," will be making its only stop in Virginia in Roanoke this Friday, November 22, from 4:00 to 6:00 p.m., on its way from Washington State to Washington, D.C. • The community is invited to come see the U.S. Capitol Christmas Tree at SunTrust Plaza in Downtown Roanoke and help celebrate the season with performances from Southwest Virginia Ballet and Mill Mountain Theatre. • A different national forest is chosen each year to provide "The People's Tree." This year the Colville National Forest in the northeast corner of Washington State provided the top choice, an 88- foot -tall Engelmann spruce. Christmas Tree Lighting /Dickens of a Christmas • Dickens of a Christmas, Roanoke's premiere holiday festival, begins with the annual Christmas Tree Lighting on Friday, December 6, 5:30 -10:00 p.m., Wells Fargo Plaza in Downtown Roanoke. • This is a family - friendly event that features favorites like roasted chestnuts, carriage rides, street performers, and more. • More information is available at: www.downtownroanoke.org b. DIRECTOR OF FINANCE: 1. Revision to the City's Reserve and Debt Management Policies. Adopted Resolution No. 39807 - 111813 (6 -0). 8. REPORTS OF COMMITTEES: NONE. 9. UNFINISHED BUSINESS: a. Continuation of the matter with regard to the adoption of an ordinance adding a new Chapter 11.5, Stormwater Utility, to the Code of City of Roanoke (1979), as amended; authorizing the City Manager to take appropriate actions to facilitate an effective transition and implement the Ordinance. Adopted Ordinance No. 39808 - 111813, as amended (6 -0). 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. M 11. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and /or comments by the Mayor and Members of City Council. Council Member Lea thanked staff that had participated in the Community Conversation Regarding Domestic Violence that had been held on September 19, 2013, at the Roanoke Civic Center. He said there had been approximately 250 people in attendance from areas as far as Goochland and Wytheville, Virginia. He noted that a smaller version of the Community Conversations would be held in a different section of the City throughout the coming year. Council Member Price stated that she had just returned from the National League of Cities Conference held in Seattle, Washington. She was encouraged by the opportunity to meet with leaders from other parts of the United States and excited to share the great things that are happening in Roanoke. Mayor Bowers pointed out that he had just received information from the U. S. Conference of Mayors that indicated that Roanoke is in the top 50 percent of all categories. He pointed out that the Roanoke Television Market is 66`" in the Nation and he felt that other areas should also be ranked as high. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. NONE. 12. RECESS - 2:58 P.M. THE COUNCIL MEETING WAS DECLARED IN RECESS FOR A CLOSED MEETING; AND RECONVENED AT 7:00 P.M., IN THE CITY COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING. 7 ROANOKE CITY COUNCIL REGULAR SESSION NOVEMBER 18, 2013 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order- -Roll Call. Council Member Bestpitch was absent. The Invocation was delivered by Mayor David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Bear Cub Pack 1 and Webelos Troop No. 1 sponsored by First Presbyterian Church. Welcome. Mayor Bowers. NOTICE: Today's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, November 21 at 7:00 p.m., and Saturday, November 23 at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. A. PRESENTATIONS AND ACKNOWLEDGEMENTS: A resolution naming Dr. Robert H. Sandel as the 2013 Citizen of the Year. Adopted Resolution No. 39809 - 111813 (6 -0). Presented ceremonial copy of Resolution No. 39809 - 111813 to Dr. Sandel. H B. PUBLIC HEARINGS: 1. Request of Pegasus Tower Company, LLC, to amend the Planned Unit Development Plan as it pertains to 1809 Franklin Road, S. W., containing approximately 4.3610 acres, to permit construction of a wireless telecommunications tower in Phase I and an office building in Phase II previously rezoned to Institutional Planned Unit Development Plan (INPUD), during the comprehensive rezoning, Ordinance 37269 - 120505, on December 5, 2005. Withdrawn until a date certain. 2. Request of Jasminka Traylor and Ahmed Elsayed to amend conditions proffered as part of a rezoning at 902 Penmar Avenue, S. E., previously accepted by City Council by Ordinance 35952 - 061702 and allowing only certain uses on the property, and limiting signage for commercial uses, pertaining to the portion of Official Tax No. 4130410. Jasminka Traylor, Petitioner, Spokesperson. Denied. (0 -6) 3. Request of Roanoke Gospel Outreach, Inc., for exemption on personal property located at 7, 7A and 9 Salem Avenue, S. W.; and (2) for classification of any after acquired personal property to be located at 7, 7A and 9 Salem Avenue, S. W., as exempt from taxation. Scott Lyons, President, Spokesperson. Adopted Ordinance No. 39810 - 111813 (6 -0). 4. Request of United Methodist Community Outreach Program of Roanoke, for exemption on personal property located at 305 Mountain Avenue, S. W.; and (2) for classification of any after acquired personal property to be located at 305 Mountain Avenue, S. W. Rebecca Parsons, Executive Director, Spokesperson. Adopted Ordinance No. 39811 - 111813 (6 -0). 5. Proposal of the City of Roanoke to lease approximately 7,484 square feet, more or less, of office space to Global Spectrum, LP, as part of a proposed management agreement for the operation and management of the Roanoke Civic Center, located at 710 Williamson Road, N. E. Christopher P. Morrill, City Manager. Adopted Ordinance No. 39812 - 111813 (6 -0). 6. Proposal of the City of Roanoke to convey a portion of City -owned property, located at 802 Wiley Drive, S. W., to 5311 Holdings, LLC, which operates East Coasters Bicycle Shop. Christopher P. Morrill, City Manager. Adopted Ordinance No. 39813 - 111813 (6 -0). 7 7. Proposal of the City of Roanoke to amend the Enterprise Zone One A and Enterprise Zone Two boundaries. Christopher P. Morrill, City Manager. Adopted Resolution Nos. 39814 - 111813 and 39815 - 111813 (6 -0). C. 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. Barbara Duerk appeared before the Council to express concern regarding the design, location and construction of a barrier fence near the Piggly Wiggly at Riverland Road, S. E. CERTIFICATION OF CLOSED MEETING (6 -0) D. ADJOURNMENT - 8:43 P.M. 10 DAVID A. BOWERS Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 November 18, 2013 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: COUNCIL MEMBERS William D. Bestpitch Raphael "Ray" Ferris Sherman P. Lea Anita J. Price Court G. Rosen David B. Trinkle This is to advise you that I will not be present at the 2:00 p.m. and 7:00 p.m. sessions of Council on Monday, November 18, 2013. Best wishes for a successful meeting. Sincerely, William D. BestpiSch Council Member W DB /ctw Ogee of the Mayor CITY OF :' ROANOKE WHEREAS, the government of the City of Roanoke, Virginia, celebrates our local small businesses and the contribution they make to our local economy and community; according to the United States Small Business Administration, there are currently 28 million small businesses in the United States, they represent more than 99 percent of American companies, create two- thirds of the net new jobs, and generate half of private gross domestic product; Whereas, small businesses employ % of the employees in the private sector in the United States; Whereas 89 percent of consumers in the United States agree that small businesses contribute positively to the local community by supplying jobs and generating tax revenue; Whereas 86 percent of consumers in the United States have small businesses in their community that the consumers would miss if the small businesses closed; Whereas 93 percent of consumers in the United States agree that it is important for people to support the small businesses that they value in their community; Whereas 90 percent of consumers in the United States are willing to pledge support for a "buy local" movement; WHEREAS, Roanoke, Virginia supports our local businesses that create jobs, boost our local economy and preserve our neighborhoods; and WHEREAS, advocacy groups and public and private organizations across the country have endorsed the Saturday after Thanksgiving as Small Business Saturday. NOW, THEREFORE, 1, David A. Bowers, Mayor of the City of Roanoke, Virginia, urge the residents of our community, and communities across the country, to support small businesses and merchants on Small Business Saturday and throughout the year do hereby proclaim November 30 throughout this great, six - time All- America City, as SMALL BUSINESS SATURDAY Given under our hands and the Seal of the City of Roanoke this eighteenth day of November in the year two thousand and thirteen. ATTEST: ,T'fi,G�.:�� N. rrLeM, Stephanie M. Moon City Clerk g�*WA0 ~ David A. Bowers Mayor DAVID A. BOWERS Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 Fax: (540) 853 -1145 November 18, 2013 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: COUNCIl.MEMBERS William D. Beslpitch Raphael "Ray" Ferris Sherman P. Lea Anita J. Price Court G. Rosen David B. Trinkle I wish to request a Closed Meeting to discuss the performance of a Council- Appointed Officer, pursuant to Section 2.2 -3711 (A) (1), Code of Virginia (1950), as amended. Sind Anita J. Price, Chair City Council Personnel Committee AJ P: ctw MW STEPHANIE M. MOON, MIMIC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone. (540) 853 -2541 Fax: (540)853 -1145 E-mail: clerkQProanokevn.gov November 19, 2013 Harwell M. Darby, Jr., Secretary Economic Development Authority Glenn, Feldmann, Darby and Goodlatte P.O. Box 2887 Roanoke, Virginia 24001 -2887 Dear Mr. Darby: JONATHAN E. CRAFT, CMC Deputy City Clerk CECELIA T. W EBB, CMC Assistant Deputy City Clerk This is to advise you that Brian K. Redd has qualified as a Director of the Economic Development Authority, for a four -year term of office ending October 20, 2017. Sincerely, Stephanie M. Moon, MMC`- City Clerk SMM:jec Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Brian K. Redd, do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a Director of the Economic Development Authority for a term of office commencing October 21, 2013, and ending October 20, 2017, according to the best of my ability. So help me God. BRIAN K. REDD The foregoing oath of office was taken, sworn to, and subscribed before me by Brian K. Redd this _/ day of v, 2013. Brenda S. Hamilton, Clerk of the Circuit Court IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of November, 2013. No. 39802 - 111813. A RESOLUTION accepting the FY 2013 State Homeland Security Program Grant from the Virginia Department of Emergency Management (VDEM), to the City; authorizing the City of Roanoke to be the fiscal agent for distribution of the grant proceeds; and authorizing the City Manager to execute any documentation required to accept the grant on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: I. The City of Roanoke does hereby accept the FY 2013 State Homeland Security Program Grant offered by the VDEM in the amount of $325,000, to allow the eight (8) local law enforcement agencies (Roanoke City Police Department, Roanoke City Sheriffs Office, Roanoke County Police Department, Roanoke County Sheriffs Office, Vinton Police Department, Salem Police Department, Virginia Western Community College Police Department, and Western Virginia Regional Jail) to connect their records management systems with LinX in order to access and share information throughout the Commonwealth. There is no matching fund requirement for this grant. The grant is more particularly described in the City Council Agenda Report dated November 18, 2013. 2. The City of Roanoke is authorized to be the primary fiscal agent for this grant, and shall be responsible for distributing the grant proceeds as more particularly set forth in the above referenced City Council Agenda Report. R- Homeland Security Program Grant (VDEM) - FY2013 - 11 -18 -13 3. The City Manager is hereby authorized to execute and file, on behalf of the City, any necessary documents setting forth the conditions of the grant in a form approved by the City Attorney, 4. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. ATTEST: -A� m.-r,ry City Clerk. 2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of November, 2013. No. 39803 - 111813. AN ORDINANCE to appropriate funding from the Department of Homeland Security through the Commonwealth of Virginia Department of Emergency Management (VDEM) for the State Homeland Security Program Grant, amending and reordaining certain sections of the 2013 -2014 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 2013 -2014 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Other Equipment Revenues State Homeland Security Grant FYI 35- 640 - 3669 -9015 $ 325,000 35- 640 - 3669 -3669 325,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: — C,.1•�{{L.�, J )'`n • � pin.% �� r 'City Clerk. 1 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 18, 2013 Subject: State Homeland Security FYI Grant Award Background: The Virginia Department of Emergency Management (VDEM) is the distributing agency for State Homeland Security Program (SHSP) grant funding from the U. S. Department of Homeland Security (DHS) Federal Emergency Management Agency (FEMA). The purpose of the SHSP is to award grants to states to assist state and local governments in support of the implementation of Homeland Security Strategies to address the identified planning, organization, equipment, training, and exercise needs to prevent, protect against, mitigate, respond to, and recover from acts of terrorism and other catastrophic events. On October 31, 2013, the Virginia Department of Emergency Management awarded the City of Roanoke $325,000 through its FY 2013 SHSP grant program. The SHSP grant funding will allow 7 local law enforcement agencies to connect their records management systems with UnX. The UnX system will allow participating agencies to access and share information throughout the Commonwealth. The Roanoke Police Department developed this grant proposal in cooperation with the Roanoke City Sheriff's Office, Roanoke County Police Department, Roanoke County Sheriff's Office, Vinton Police Department, Salem Police Department, and Virginia Western Community College Police Department. The City of Roanoke is the primary recipient of this grant and will act as fiscal agent. No local matching funds are required. Recommended Action: Accept the State Homeland Security FYI grant described above and authorize the City Manager to execute the grant agreement and any related documents; all such documents to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount $325,000 and appropriate funding of the same amount in an account to e e a hed by the Director of Finance in the Grant Fund. Nfristopher P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Christopher C. Perkins, Chief of Police Amelia C. Merchant, Director of Management and Budget CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerk(a)roanokeva.gov November 20, 2013 Ken Lanford, President Virginia Museum of Transportation, Inc. 303 Norfolk Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Lanford: JONATHAN E. CRAFT, CMC Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk I am enclosing copy of Ordinance No. 39804 - 111813 allowing an encroachment of a 5' X 8' sculpture, as part of the Virginia Tourism Corporation's "LOVEworks" initiative, to be placed in the City's public right -of -way located at the intersection of Norfolk Avenue, S. E., and Market Street, S. E., at the entrance to the southern end of the pedestrian bridge which connects the downtown market area to the Hotel Roanoke and Conference Center, adjacent to City owned property designated as Official Tax Map No. 4010118, for the purpose of celebrating Roanoke's railway history, upon certain terms and conditions. Furthermore, Paragraph 5 of Ordinance No. 39804 - 111813 shall be in full force and effect at such time as a copy, duly signed, sealed, and acknowledged by the VMT has been admitted to record, at the cost of the VMT, 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 of Ordinance 39804 - 111813 is on file in the City Clerk's Office; and in the event Ordinance 39804 - 111813 is not signed by VMT and recorded in the Circuit Court Clerk's Office for the City of Roanoke within (90) days from the adoption of the Ordinance, this Ordinance shall terminate and be of no further force and effect. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 18, 2013, and is in full force and effect upon the completion of the conditions of paragraph 5 of the Ordinance. Sincerely, Stephanie M. Moon, MMC City Clerk Enclosure Ken Lanford, President Virginia Museum of Transportation, Inc. November 20, 2013 Page 2 pc: Beverly T. Fitzpatrick, Jr., Executive Director, Virginia Museum of Transportation, 303 Norfolk Ave S. W., Roanoke, Virginia 24016 The Honorable Brenda S. Hamilton, Clerk, Roanoke City Circuit Court Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Ann H. Shawver. Director of Finance Susan Lower, Director of Real Estate Valuation Philip Schirmer, City Engineer Jackie Clewis, Administrator of Risk Management PUBLIC RIGHT OF WAY LOCATED ADJACENT TO OFFICIAL TAX MAP NO: 4010118 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of November, 2013. No. 39804 - 111813. AN ORDINANCE allowing an encroachment requested by the Virginia Museum of Transportation, Inc, ( "VMT "), to place and display a 5' x 8' sculpture in the City's public right -of- way located at the intersection of Norfolk Avenue S.E. and Market Street, S.E., in downtown Roanoke, at the entrance to the southern end of the pedestrian bridge which connects the downtown market area to the Hotel Roanoke and Conference Center, upon certain terns 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 the Virginia Museum of Transportation, Inc. ( "VMT "), to allow the encroachment of a 5' x 8' sculpture, as part of the Virginia Tourism Corporation's "LOVEworks" initiative, to be placed in the City's public right -of -way located at the intersection of Market Street, S.E., and Norfolk Avenue, S.E., at the entrance to the southern end of the pedestrian bridge which connects the downtown market area to, the Hotel Roanoke and Conference Center, adjacent to City owned property designated as Official Tax Map No. 4010118, for the purpose of celebrating Roanoke's railway history, as more particularly set forth and described in the City Council Agenda Report dated November 18, 2013. 2. It is agreed by the VMT that in maintaining such encroachment, VMT 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. VMT 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 VMT. VMT agrees that it shall repair, restore, and replace any damage to the sculpture, and any damage to the land, caused by the placement and removal of the encroachment, at VMT's sole cost and expense. 3. The VMT, 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 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 Virginia Museum of Transportation, Inc., 303 Norfolk Avenue, S.W., Roanoke, Virginia 24016. 5. This ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, and acknowledged by the VMT has been admitted to record, at the cost of the VMT, 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. In the event this Ordinance is not signed by VMT 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. rA 6. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: '. I P— City Cleric. The undersigned acknowledges that it has read and understands the terns and conditions stated above and agrees to comply with those terms and conditions. VIRGINIA MUSEUM OF TRANSPORTATION, INC. By: Ken Lanford, President 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 2013, by Ken Lanford, President of the Virginia Museum of Transportation, hie. My Commission expires: Notary Public Registration N 3 VIRGI.5 OP ID: CP CERTIFICATE OF LIABILITY INSURANCE ° "TE`Mm1121 20,3Y 11 o— THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the Sons & Assoc. Dike, VA 2 1 R. Kiser wsuREO The Virginia Museum of Transportation 303 Norfolk Ave., SW Roanoke, VA 24011 1A!C�NO„g u ......._ _ .._ FAX 540-344-4096 _.... E-MAIL ADORESS: caparenzan @chaslunsford.com _ INSURERISIAFFOROINGCOVERAGE. _. NAICN INSURERA: Scottsdale Insurance Company --- - --- - --- INSURER Hartford Accident & Indemnity INSURER C INSURER D INSURER E rnVFRAn FC rFRTIFIr:ATF NIIMRFR• REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANOING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFOROEO BY THE POLICIES (DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REOUCEO BY PAID CLAIMS. . -._... _. _. ..... .... ........_^ POLICY- EFF._IPOLIG'/EkP I -'�_. ILTR U� �b "..... __... . _.__ LTR TYPE OF INSURANCE N;mn POLICYNUMBER MMOOYYYY MMIDOTYYYY LIMITS GENERAL LIABILITY "� EACH OOCUR0.ENCE 5 1,008,008 A X' COMMERCIAL GENERAL LIABwTY X B4030818101 0710112013 107/0112014; -- ''DAMAGETGRENTED PREMISESJEa occ= ccl ;S 100_000 CLAIMS MADE X'. OCCUR "i 4 NED EXP(MI One Persdnl S Spectator Llab PERSONAL d AOV INJURY IS.. 1000,000 ', hGENERAL AGGREGATE yi. 2000,000 ......... .. ... _........ _.__ GEN'L AGGREGATE LIMIT APPUES PER: 'PRODUCTS - COMPIOP ADD S _ 2_000,000 r PRO. �I. I. S '. POLICY j La AUTOMOBILE LIABILITY APIpmed anage tit DA1B.N 0 INGLE LIMIT Loa aderl, _ ANYAUTOi, BOOILY INJURY (PC Cers l 5 -I ALL OWN ED 'AmosUlEO L, Signature. _ BODILY INJURY (P accddnll S Ai05 j F PROPERTY DAMAGE 'S -- NON -0WNE0 �', HIRED ALTOS ';AUTOS D,d {e: �� l ILPER ACCIDENT) . BRELLA UAB : UM ..: OCCUR EACH OCCURRENCE ,TS _ EXCESS LUIS CLAIMS MADE 1. '. '�. AGGREGATE S DED RETENTION 5 WORHERS COMPENSATION, ''. ' WC 5 A OTH- 1T0_fiLLIMIT5 lER }._._ AND EMPLOYERS' LIABILITY YIN .. %ECUTNP - EL. EACH ACCICEM i5 - DFFYCERIMEMBEREXCWDED4 �NI/ ryNH�P�TNEWE ;— . –_ Mlandao !EL. DISFASEEA EMPLOYEE IDEe CRWl WdRd05Crlbe UmI01 TION OF OPERATIONS be:dw E.L.DISEASE-POLICYLIMIT 5 0511812013: 05Z012O13 !'Benefit 10,000 Participants: ',tied. DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Allach ACCRO 101, Addillowl Remarks Schedule. U mare space Is requlredl The City of Roanoke, its officers, agents, employees and volunteers are additionally insured as it relates to the act of a 5 ft by 8 ft Virginia is for Lovers sculpture being built on city property. nnvle -wa unI noo rAMrPl I eTInN City of Roanoke NOTICE POLICIES WILL BE WILL EREO BEFORE THE SHOULD EXPIRATIIONH GATE ABOVEOESCRIBEO THE ACCOROANCE WITH THE POLICY PROVISIONS. AUTHORVFOREPRESENTAVVE W 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 18, 2013 Subject: Request for Encroachment Permit for a 5' X 8' Sculpture in Right - of- Way on Market Street, S.E. Background: The Virginia Tourism Corporation ( "VTC ") is working to share the message that "love is at heart of every Virginia vacation" as part of its "LOVEworks" initiative, a program designed to reach more family travelers and promote Virginia's tourism industry. In connection with this program, the VTC is partnering with tourism destinations across the state by offering grants to businesses and localities to have "LOVE" artwork commissioned and appear in many different and unexpected places across the state. The artwork consists of permanent art/sculptures /structures that spell the word "LOVE." Over 30 communities have such LOVE artwork already on display. Considerations: The Virginia Museum of Transportation ( "VMT ") recently received a grant from the VTC to have such LOVE artwork commissioned and constructed. The VMT's artwork is designed to promote the message that Roanoke loves trains. The "Roanoke Loves Trains" letters celebrates Virginia's Rail Heritage Region and the railroads that crisscrossed Southwest Virginia. The LOVE letters are in the shape of a train, with clouds of smoke. The sculpture is approximately 5' X 8'. The VMT has requested permission from the City to allow the artwork to encroach into the public right of way located in downtown Roanoke, close to the David R. and Susan S. Goode Railwalk adjacent to the southern end of the pedestrian bridge, which connects the downtown market area to the Hotel Roanoke and Conference Center. The sculpture will be in place for approximately three years. Please see attached picture and plat. Recommended Action: Approve the proposed Ordinance authorizing the encroachment of the artwork described above, owned by the Virginia Museum of Transportation, into the public right of way at the location described on the plat attached to this letter. All necessary documents required for this encroachment are to be approved as to form by the City grn V - - --------------------- istopher P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Wayne Bowers, Economic Development Director Cassandra Turner, Economic Development Specialist a a P � JEFFERSON STREET aaxr -a -MT ywrcs Q It g IR ile Ml 2&W Kell er' P i8 d gft ITT � V � Y yti5yg O e= *i �Xy to D? Sg 9 Y S I°� D ��'g• S suu -w sm w RraM'i � G- N �� k Al li O I I � E - m z m jilo w$s$ v a - •- y� g .B xwT.W «.sv 3 I §� .. F4 f m � � � ofa a s 9s s: Mz ca o S f Bpi m� �r V wok I N � z8 N i — —__— — — ro ��777 + z' wfiR D MARKET STREET, S.E. NN m 101T1E01T PINT STISL Y. m Q RIW -6 -MAT .�A RERIBLWOrp915pPotgp � ! l 1 Ito f .1 '01 a IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of November, 2013. No. 39805 - 111813. An ORDINANCE providing for the acquisition of real property rights needed by the City in connection with the Queen Avenue - Courtland Road Drainage Improvement Project; authorizing City staff to acquire such property rights by negotiation; authorizing the City Manager to execute appropriate acquisition documents; and dispensing with the second reading by title of this Ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. For the Queen Avenue - Courtland Road Drainage Improvement Project, in the general vicinity of the 600, 700, and 800 blocks of Queen Avenue N.W.; the 2200 block of Lyndhurst Street N.W.; and the 2700, 2800, 2900, and 3100 blocks of Courtland Road, N.W., and surrounding streets, the City wants and needs certain real property rights, to include temporary construction and /or permanent easements of variable length and width, and fee simple acquisitions, and such other real property interests as needed, as set forth in the Agenda Report to this Council dated November 18, 2013. The proper City officials and City staff are hereby authorized to acquire by negotiation the necessary real property interests and appropriate ancillary rights with respect to the real property parcels referred to in the above mentioned Agenda Report and any other real property parcels needed for the Project for such consideration as the City Manager may deem appropriate. All requisite documents shall be approved as to form by the City Attorney. 2. The City Manager is further authorized to execute appropriate acquisition documents for the above mentioned parcel(s) for such consideration as deemed appropriate for the necessary interests, provided, however, the total consideration offered or expended, including 1 costs, title search fees, appraisal costs, recordation fees, and other related costs shall not exceed the funds available in the Project account for such purposes, without further authorization of Council. Upon the acceptance of any offer and upon delivery to the City of appropriate acquisition documents, approved as to form by the City Attorney, the Director of Finance is authorized to pay the respective consideration to the owners of the real property interest conveyed, certified by the City Attorney to be entitled to the same. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. TT T:. City Clerk. � Ord - authorize acquis of prop rights- Court street Drainage Improvement Project. doe PJ CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 18, 2013 Subject: Queen Avenue - Courtland Road Drainage Project Property Rights Acquisition Background: As part of the FY2013 Capital Improvement Program, City Council appropriated $1.12 million for storm drain improvement projects. This will be matched with $1.12 million in Virginia Department of Transportation Revenue Sharing funds. One such project is the installation of storm drain pipes and structures for the Queen Avenue - Courtland Road Drainage Project in the general vicinity of the 600,700, and 800 blocks of Queen Avenue NW; 2200 block of Lyndhurst Street NW; and 2700, 2800, 2900, and 3100 block of Courtland Road, NW. This neighborhood suffers from inadequate drainage evidenced by standing water on road pavement and private property. Runoff from the public right of way may contribute to flooding of private properties. There is no existing storm drain system along these streets under consideration. Storm water runoff collects on Courtland, Lyndhurst, Queen Avenue, and associated residential properties; flows along the edge of roadway asphalt pavement and through the front, side and backyard of private properties. Constructing the proposed storm drain system on Queen Avenue, Lyndhurst Street, and Courtland Road would correct known drainage problems in this neighborhood. In order to construct, operate, and maintain the proposed storm drainage system, the City will need to acquire real property rights from private owners. Considerations City Council action is necessary to authorize the acquisition of real property rights needed for the Queen Avenue - Courtland Road Drainage Project. The real property rights needed are outlined below, but are subject to minor variation of location and extent pending final engineering design details. Funding for acquisition of the real property rights is available in the project account 08- 530 -9734, Neighborhood Storm Drain Projects. Temporary construction and /or permanent easements of variable length and width, and fee simple acquisitions are required to accommodate construction activities and will affect seventeen (17) properties in the general vicinity identified above. The City may also need to acquire various other property rights involving the properties listed below and other properties which have not yet been identified for this project. The properties that have been identified so far are as follows: Tax Map Address Owner Required Property Parcel Number Rights 2060702 3140 Courtland Galen Kemp Eskew Right of Way Dedication Road & Permanent Storm Drain Easement 2060704 3136 Courtland Michael D. and Myrna S. Right of Way Dedication Road Lumsden & Permanent Storm Drain Easement 2060706 3132 Courtland Gary S. Doss Jr. Right of Way Dedication Road 2060708 3128 Courtland Heman S. Zekar Right of Way Dedication Road 2060710 3122 Courtland Augusta Properties of Right of Way Dedication Road Roanoke Inc. 2060712 3118 Courtland Roland Vaterlaus Right of Way Dedication Road 2060714 3114 Courtland Edward J. Todd and Douglas Right of Way Dedication Road M.Todd 2060701 841 Queen Avenue Duoc Tan Nguyen and Pho Permanent Storm Drain Thi Lam Easement 2060762 2201 Lyndhurst Michael J. and Lisa S. Fedor Permanent Storm Drain Street Easement 2060746 0 Courtland Road Virginia S. Patterson Permanent Storm Drain Easement 2060729 2920 Courtland Ashley D. Jewell Right of Way Dedication Road 2060731 2916 Courtland Andre T. Wilson Right of Way Dedication Road 2060733 2912 Courtland Sam and Terry Stone Right of Way Dedication Road 2060735 2906 Courtland Randy A. Riddle Right of Way Dedication Road 2060737 2902 Courtland Frederick A. and Amanda M. Right of Way Dedication Road Goodbar 2060741 2814 Courtland Virginia L. Williams Right of Way Dedication Road 2060743 2810 Courtland Agnes Marie Wray Right of Way Dedication Road Recommended Action: Authorize the acquisition of any real property rights needed to construct the proposed Queen Avenue - Courtland Road Drainage Project, including but not limited to the specific property rights identified in this City Council Agenda Report, by negotiation and execution of the appropriate acquisition documents by the City M ag uch documents to be approved as to form by the City Attorney. - -- - ------------------ ristopher P. Morrill City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Robert K. Bengtson, P. E., Director of Public Works Philip C. Schirmer, P.E., City Engineer E I - IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of November, 2013. No. 39806 - 111813. AN ORDINANCE authorizing the conveyance of a new 33,600 square foot permanent sanitary sewer easement, with an approximate width of thirty (30) feet across City -owned property, located along Mill Mountain Spur Road, designated as Roanoke Official Tax Map Nos. 4070507 and 4081201, to the Western Virginia Water Authority ( "Authority "), upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized, for and on behalf of the City, to execute the necessary documents providing for the conveyance of a new 33,600 square foot permanent sanitary sewer easement across City -owned property, located along Mill Mountain Spur Road, designated as Roanoke Official Tax Map Nos. 4070507 and 4081201, to the Authority, and to be installed at the sole cost of the Authority for the purpose of serving the City of Roanoke's Mill Mountain facilities, Mill Mountain Zoo, and the Crystal Spring Aquifer, and as more particularly set forth in the City Council Agenda Report dated November 18, 2013. 2. All documents necessary for this conveyance shall be in a form approved by the City Attorney, 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: X4 City Clerk O- Sanitary Sewer Easement to Western VA Water Au9torily.TM4070507 & TM4081201.11 -18 -13 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 18, 2013 Subject: Request from Western Virginia Water Authority (WVWA) for Approximately 33,600 Square Foot Sewer Easement on Mill Mountain Crossing Tax Map Numbers 4070507 and 4081201 Background: The proposed Mill Mountain Sewer Project is being installed at the sole cost of the WVWA for the purpose of serving the City of Roanoke's Mill Mountain facilities and the Mill Mountain Zoo. This project is critical to protect the Crystal Spring aquifer and provide service to Mill Mountain Park visitors. The project has been designed to minimize the impact to Mill Mountain Park by installing the new sewer line along the existing water line beside the Mill Mountain Spur Road. Tree removal will be strictly limited, and restoration will be a cooperative effort with the City Parks and Urban Forestry Staff. Attached plats are labeled as Exhibit A and Exhibit B. Considerations: This proposed project will allow the WVWA to replace approximately 3,300 linear feet of sewer pipe installed in the early 1900's. The existing sewer pipe has exceeded its service life, and is beginning to fail in several areas and is extremely difficult to maintain due to its location on the side of the mountain away from road access. The proposed alignment will allow and provide the Mill Mountain Zoo to be removed from their current on -site septic systems and connect to public gravity sewer, which has not been an option in the past. A sewer easement is needed by the WVWA across City -owned property designated as Tax Map Nos. 4070507 and 4081201 to accommodate the new sewer pipe. Recommended Action: Authorize the City Manager to execute the appropriate easement granting a new approximately 33,600 square foot sewer easement, as described above to the WVWA, sluch easement shall be approved as to form by the City Attorney. t-f ristopher P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Wayne Bowers, Director of Economic Development Cassandra Turner, Economic Development Specialist \ \ 2K § k § !go \ A� > & �.� 9A� 2 Mill �ag > Z � « qS A` A H aG -�� m[RON FOUND / �{ k\ 7� A H aG -�� m[RON FOUND / �{ kL E3 \ t $eC G.GC6SGG�� y!�qq� 999 gg 3 \ ep p .G) Draper Aden. Associates MILL MOUNTAIN PROJECT w.r.. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of November, 2013. No. 39807 - 111813. A RESOLUTION amending the Reserve and Debt Management Policies of the City of Roanoke. WHEREAS, on November 1, 2010, Council, by the adoption of Resolution No. 39000- 110110, approved and adopted Reserve and Debt Management Policies of the City; WHEREAS, on January 3, 2012, Council, by the adoption of Resolution No. 39290- 010312, amended the Reserve and Debt Management Policies to conform to the Governmental Accounting Standards Board Statement No. 54; WHEREAS, after review of the current Reserve and Debt Management Polices by Public Finance Management, Inc., changes were recommended to simplify funding priorities and set realistic reserve funding targets; and WHEREAS, Council desires to amend the Reserve and Debt Management Policies of the City as set forth in the report of the Director of Finance dated November 18, 2013. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Reserve and Debt Management Policies of the City of Roanoke, adopted by Council on November 1, 2010, and as amended on January 3, 2012, are amended to simplify funding priorities and set realistic reserve funding targets, all as more fully set forth in. the Director of Finance's City Council Agenda Report dated November 18, 2013. ATTEST: A;�- t)-� - rmoyj City Clerk CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 18, 2013 Subject: Revisions to Financial Policies Background: The Reserve and Debt Management Policies adopted on November 1, 2010 and amended in January of 2012, included specific review and target dates to ensure the policies provided appropriate guidance and were representative of the current economic climate. The policies also included a requisite bi- annual review to ensure the policies reflected the most current information and took into consideration any regulatory requirements as well as any changes specific to the City of Roanoke's financial situation. As required, the City's Reserve and Debt Management policies were comprehensively reviewed by City Administration and the City's financial advisory firm, Public Financial Management, Inc. (PFM). Several changes were recommended to simplify funding priorities and set realistic reserve funding targets. City Council was briefed regarding the recommended changes on November 4, 2013. Considerations: Reserves • Revise target dates in line with funding abilities to ensure targeted reserves are met • Simplify the calculation of the Economic Downturn Reserve Debt • Include regulatory compliance verbiage specific to Post - Issuance Compliance and Underwriter selection • Update Glossary to reflect City specific debt environment The recommended Reserve and Debt Management Policies document is attached. Recommended Action: City Council adopt the accompanying resolution to amend the Reserve and Debt Management Policies, dated November 18, 2013, attached to this report. ANN H HAMER Director of Finance Distribution: Council Appointed Officers City of Roanoke, Virginia Reserve and Debt Management Policies r Revised November 18, 2013 Table of Contents Goals and Objectives ................................ ............................... 2 ReservePolicies ...................................... ............................... 3 Debt Management Policies ......................... ............................... 7 Glossary................................................... .............................13 The City of Roanoke Reserve and Debt Management Policies Goals and Objectives These policies are designed to help protect the City's financial resources necessary to meet short -term and long -term operating and capital needs by: • Promoting sound financial management; • Protecting and maintaining the City's credit ratings; • Ensuring the legal and prudent use of the City's debt issuance authority; and • Guiding the City and its managers in policy and debt issuance decisions. While adherence to this policy is expected in applicable circumstances, the City understands that changes in the capital markets, City programs, or other unforeseen circumstances may from time to time produce situations that are not covered by this policy and will require modifications or exceptions to achieve the policy goals. In these cases, the City's management may act, provided specific authorization from the Director of Finance or City Council is obtained. Failure to comply in any manner with this policy shall not result in any liability on the part of the City to any party. This policy was originally adopted by City Council on November 1, 2010 and the most recent review was completed in November 2013. These policies will be reviewed at least every two years by the Director of Finance. The City of Roanoke Reserve and Debt Management Policies 2 Reserve Policies Unassigned General Fund Reserve • Reserve Floor —The "Unassigned General Fund Reserve" will be maintained at or above a target level equal to 10% of General Fund Expenditures. As of FY2013, the City is in compliance with the minimum funding level of this reserve. This level of reserves is intended to provide the City with sufficient working capital and margin of financial safety to address unforeseen, one -time expenditure emergencies or significant unforeseen declines in revenues in a specific fiscal year, for which there is no other current budgetary resource available, or other categories of fund balance available to satisfy the funding needed. The Unassigned General Fund Reserve will be reported in the Unassigned category on the City's Governmental Funds Balance Sheet in the General Fund. • Reserve Drawdown —Any drawdown of the Unassigned General Fund Reserve shall occur only by authorization of City Council. Funds may only be used for the purposes described above, which cannot be covered from contingencies or other sources. The Unassigned General Fund Reserve may not be used for balancing the annual budget due to recurring declines in revenue sources or recurring expenditure increases. Reserve Replenishment —In the event the Unassigned General Fund Reserve is used, it will be restored to its minimum level within three fiscal years. The Director of Finance will submit a plan in writing to City Council that will restore the Unassigned General Fund Reserve to its minimum level within three fiscal years. Risk Management Reserve The City will maintain a Risk Management Reserve to cover some of the risk exposure the City has due to its self- insurance program. The City is currently self- insured for Health Workers' compensation, General Liability, and Automobile claims. The Risk Management Reserve will remain in the Risk Management Fund, an internal service fund of the City, as fund balance. • Reserve Floor —The minimum funding level for the Risk Management Reserve is: 0 25% of the three year average of self- insured claims costs, o plus 10% of the three year average of fully insured premiums, o plus a $1 million catastrophic reserve. As of FY2013, the City seeks to reach the minimum funding level of this reserve by FY2021 to FY2023. The City has developed a multi -year plan to achieve the minimum funding level and will review the plan on an annual basis. Once the The City of Roanoke Reserve and Debt Management Policies 3 minimum funding level is reached, the City will develop a replenishment policy of the Risk Management Reserve. Reserve Drawdown —Use of the Risk Management Reserve will be used to fund unanticipated risk management expenses. Economic Downturn Reserve Reserve Target— In addition to the 10% Unassigned General Fund Reserve, Roanoke will target an "Economic Downturn Reserve' to smooth its financial operations in the event of an economic downturn. The Economic Downturn Reserve will be reported in the Assigned category on the City's Governmental Funds Balance Sheet in the General Fund. The Economic Downturn Reserve will be funded to an amount up to 5% of the General Fund Expenditure budget for the current year. As of FY2013, the City seeks to reach the target level of this reserve once the Risk Management Reserve is fully funded. Once the target funding level is reached, the City will develop a replenishment policy of the Economic Downturn Reserve. Reserve Drawdown— Drawdown of the Economic Downturn Reserve shall occur only by authorization of City Council. Drawdowns will be limited to less than one -half of its balance in any fiscal year. Drawdowns must be made in combination with spending cuts or other measures. The Economic Downturn Reserve may only be used in the event that revenues decline by more than 1.5% of the current year estimate. Economic and Community Development Reserve The following Economic and Community Development and Reserve Policy ( "E &CD Reserve ") is intended to demonstrate a commitment to financial planning for economic and community development projects which may provide future growth opportunities and expansion of the tax base in Roanoke. The E &CD Reserve will be maintained using the following guidelines: Reserve Floor —The E &CD Reserve will of $1.0 million. As of FY2013, the City is funding level of this reserve. The E &CD be maintained at or above a target level in compliance with the minimum Reserve will be reported in the Committed category on the City's Governmental Funds Balance Sheet in the Capital Projects Fund. • Reserve Drawdown —Use of the E &CD Reserve shall occur only by appropriation of City Council for economic or community development projects. Examples of qualifying uses include, but are not limited to, the purchase of property for economic development, economic development incentives, greenway development, and development of infrastructure to support other The City of Roanoke Reserve and Debt Management Policies 4 economic and /or community development projects. The E &CD Reserve may not be used for operating or recurring expenditures. Reserve Growth and Replenishment —The E &CD Reserve will be maintained at a level at or above its target by allocating interest earnings of the Capital Projects Fund and proceeds from the sale of surplus general government real property. In the event the E &CD Reserve declines below the target level of $1.0 million, it will be restored to its minimum within three fiscal years. E &CD Reserve replenishment may be accomplished by allowing E &CD Reserve to grow without appropriation of the E &CD Reserve or by transferring additional funds to the E &CD Reserve. Reserve Funding Plan As of FY 2013, the Risk Management Reserve and Economic Downturn Reserve policy targets exceed the amounts currently maintained by the City in these funds. In order to meet each of the target levels, the City will add to its reserves using the funding sources described below. This funding method will continue until each reserve is fully funded. Funding Sources The City will increase its budgeted annual funding of reserves by an increment of $250,000 to $500,000 (based on funding availability). The City Manager and Director of Finance shall recommend an aggregate reserve funding level along with each annual budget submission with proposed allocations among the funds. Additional funds may be directed toward the reserves based on year end surpluses. Funding Priorities 1. First, the City will fund the Unassigned General Fund Reserve. The City met the 10% minimum Unassigned General Fund Reserve balance in FY2011, ahead of original schedule which was to meet it by FY2016. 2. Second, the City will fund the Risk Management Reserve. As of FY2013, the City plans to meet the minimum Risk Management Reserve balance by FY2021 to 2023. 3. Third, after the Unassigned General Fund Reserve and Risk Management Reserves are fully funded, the City will fund the Economic Downturn Reserve. The City of Roanoke Reserve and Debt Management Policies Debt Management Policy Introduction One of the keys to sound financial management is the development of a debt policy. This need is recognized by bond rating agencies as well as the capital markets, and development of a debt policy is a recommended practice by the Government Finance Officers Association. A debt policy establishes the parameters for issuing debt and managing the debt portfolio. It provides guidance to the administration regarding purposes for which debt may be issued, types and amounts of permissible debt and method of sale that may be used. The following debt policy is intended to demonstrate a commitment to long -term financial planning. It will be used in conjunction with the Capital Improvement Programs for both the City and School Board. Adherence to this policy will help assure maintenance of the City's double -A credit ratings. Guidelines for Debt Issuance The City will prepare and update annually a five -year Capital improvement Program (CIP) to be approved by City Council. The CIP will be developed with an analysis of the City's infrastructure and other capital needs, and the financial impact of the debt service required to meet the recommended financing plan. The City will strive to fund at least 10% of the CIP projects' aggregate cost on a cash basis. • As part of the annual Capital Improvement Program, the Schools shall furnish the City a schedule of funding needs for any school projects for which the issuance of long -term debt is planned. Each project proposed for financing through debt issuance will have an analysis performed for review of tax impact and future operating costs associated with the project and related debt issuance costs. • All proceeds from debt issuance for the City of Roanoke and the City of Roanoke School Board shall be appropriated by City Council. • Proceeds from the issuance of debt shall be monitored by the investment custodian with regard to arbitrage. Compliance with all applicable federal tax requirements shall be made. The City will coordinate with its investment managers with regard to expected project funds payout so as to maximize investment earnings in light of federal arbitrage requirements. See the City's Post Issuance Compliance Procedures Manual for further details. Long -term debt will be issued to purchase or construct capital improvements or equipment with a minimum expected life of five years. The City will not use long- The City of Roanoke Reserve and Debt Management Policies term borrowing to finance annual operating needs. The term of any bond issue will not exceed the useful life of the capital project /facility or equipment for which the borrowing is intended. • The City will attempt to avoid short-term debt to provide cash flow for annual operations. Debt issued for operating purposes will be limited to cases where there is reasonable certainty that a known source of revenue will be received in the current fiscal year sufficient to repay the debt or where there is a clear financial emergency. The City will comply with all applicable U.S. Internal Revenue Service and U.S. Treasury arbitrage requirements for bonded indebtedness in order to preserve the tax - exempt status of such bonds. See the City's Post Issuance Compliance Procedures Manual for further details. Bond issues should be planned to minimize the frequency of issuance, thereby ensuring the lowest possible costs of issuance. When determining the size of a bond issue, consideration should be given to the need for construction, debt service and capitalized interest funds. Construction fund draw schedules shall be prepared, and projection of conservative earning on unspent bond funds should be made in conjunction with planning of the City's Capital Improvement Program. The decision to use bond proceeds to pay interest during construction for revenue - producing projects shall be made on a case by case basis and shall be based on an evaluation of the opportunity cost of funds and the availability of other sources of funds to pay interest costs. General obligation bonds will be amortized on a level principal basis to the extent practical, and revenue bonds will be amortized on a level debt service basis to the extent practical considering the forecasted available pledged revenues. The City shall not endorse the obligation of any entity other than the City of Roanoke or Roanoke School Board. However, the City may enter into contracts with other regional or local public entities with respect to public purpose projects, which provide for certain payments when project or entity revenues prove insufficient to cover debt service on obligation issued to finance such project(s). The City will enter into these type agreements only when there is long -term public and financial interest in the regional or local project. The obligation could be structured as Moral Obligation Bonds, or with an underlying support agreement or other contractual arrangement. These obligations do not affect the legal debt limit of the City and any payments are subject to annual appropriation. However, if such payments were made, the obligations would be considered tax - supported debt. The City of Roanoke Reserve and Debt Management Policies • The City's preferred method of sale of bonds is via competitive sale to underwriters. If deemed advantageous, the City may sell bonds via a negotiated sale, private placement, or other method. Coordination will be made with the City's financial advisor in arriving at a recommendation to issue bonds through a method other than competitive sale. Underwriter Selection • Senior Manager Selection —The City shall select a senior manager for any proposed negotiated sale. The financial advisor for the City should not be the senior manager on a negotiated sale. The selection criteria shall include, but not be limited to, the following: o Ability and experience in managing transactions similar to that contemplated by the City; o Prior knowledge and experience with the City; o Ability and willingness to risk capital and demonstration of such risk and capital availability; o Quality and experience of personnel assigned to the City's engagement; o Financing plan; and o Underwriting fees. • Co- Manager Selection —Co- managers may be selected on the same basis as the senior manager. The financial advisor for the City should not be a co- manager on a negotiated sale. In addition to their qualifications, co- managers appointed to specific transactions will be a function of transaction size and the necessity to ensure maximum distribution of the City's bonds. • Underwriter's Counsel —In any negotiated sale of City debt in which legal counsel is required to represent the underwriter, the appointment will be made by the Senior Manager with final approval from the City. • Underwriter's Discount —The City will evaluate the proposed underwriter's discount against comparable issues in the market. If there are multiple underwriters in the transaction, the City will determine the allocation of underwriting liability and management fees, if any. The allocation of fees will be determined prior to the sale date; a cap on management fees, expenses and underwriter's counsel fee will be established and communicated to all parties by the City. The senior manager shall submit an itemized list of expenses charged to members of the underwriting group. Any additional expenses must be substantiated. • Evaluation of Underwriter Performance —In conjunction with its financial advisor, the City will evaluate each bond sale after completion to assess the following: costs of issuance including underwriters' compensation, pricing of the The City of Roanoke Reserve and Debt Management Policies 8 bonds in terms of the overall interest cost and on a maturity -by- maturity basis, and the distribution of bonds and sales credits. Designation Policies —To encourage the pre- marketing efforts of each member of the underwriting team, orders for the City's bonds will be net designated, unless otherwise expressly stated. The City shall require the senior manager to: o Fairly allocate bonds to other managers and the selling group; o Comply with Municipal Securities Rulemaking Board (MSRB) regulations governing the priority of orders and allocations; and o Within 10 working days after the sale date, submit to the City a detail of orders, allocations and other relevant information pertaining to the City's sale. Limitations on Level of Debt to be Issued and Outstanding Constitutional and Statutory Limitations: Article VII, Section 10 of the Constitution of Virginia, the Public Finance Act and the City Charter established the City's Legal Debt Margin at 10% if the assessed value of real estate within the City shown by the last preceding assessment for taxes. • The Public Finance Act and the City Charter also establish other limits as to the amounts and types of debt the City may issue. Self- Imposed Debt Targets: Net tax - supported debt as a percentage of the total taxable assessed value in the City (including real, personal property, and public service corporations) will not exceed 4 %. For all of the City's self - imposed debt targets, the City may exclude all or a portion of any bonds or leases that are self - supporting. Net tax - supported general obligation debt service shall not exceed 10% of General Fund expenditures. Net tax - supported debt will be structured in a manner such that not less than 60% of the aggregate outstanding tax - supported debt will be retired within ten years. Types of Debt Issuance The City may issue general obligation debt for capital or other properly approved projects. The City of Roanoke Reserve and Debt Management Policies 9 The School Board may use the Virginia Public School Authority (VPSA), Qualified Zone Academy Bonds (QZAB), Qualified School Construction Bonds (QSCBs), or State Literary Fund loans to finance school capital projects. Such debt issued on behalf of the School Board constitutes general obligation debt of the City. The City Manager and the Director of Finance shall approve any application to the Commonwealth of Virginia for such debt. City Council shall approve the issuance of the bonds as required by the Public Finance Act. The School Board shall approve such financings before requesting City Council approval. The City may issue revenue bonds to fund proprietary activities such as water, water pollution control and stormwater utilities, or for other capital projects that generate adequate revenues from user fees to support operations and debt service requirements. The bonds will include written legal covenants which require that revenue sources are adequate to fund annual operating expenses and annual debt service requirements. Capital leases may be used to purchase buildings, equipment, furniture and fixtures. The term of any capital lease shall not exceed the useful life of the asset leased. Revenue bonds may be issued by the City or other entity that are secured by a City capital lease. Short-term borrowing may be utilized for interim financing or for other purposes as described below. The City will determine and utilize the least costly method for short-term borrowing subject to the following policies: o Bond Anticipation Notes (BANs) may be issued for capital related cash purposes to reduce the debt service during the construction period of a project or to provide interim financing for a project. The BANs shall not mature more than 5 years from the date of issuance. o Lines of Credit shall be considered as an alternative to other short-term borrowing options. o Other Short-Term Debt may be used when such instruments provide an interest rate advantage or as interim financing. Lease financing and master lease obligations, including lease revenue bonds, may be considered as alternative financing structures. Recognizing both the historical interest rate savings and the risks associated with variable rate debt, the City will limit variable rate debt exposure to approximately twenty percent (20 %) of total outstanding debt. Debt service on variable rate bonds will be budgeted at a conservative rate. Prior to issuing variable rate debt, the City will develop a plan to mitigate the associated risks. • A derivatives policy will be approved before any use of a derivative product. The City of Roanoke Reserve and Debt Management Policies 10 Refunding of Debt The City will refund debt when it is in the best financial interest of the City to do so. • Debt Service Savings —When a refunding is undertaken to generate interest rate cost savings, the minimum aggregate present value savings will be 3% of the refunded bond principal amount. The present value savings will be net of all costs related to the financing. If present value savings is less than 3 %, the City may consider the refunding efficiency as measured by option value. If the refunding efficiency of a refunding candidate exceeds 70% (on a maturity -by- maturity basis) and present value savings is less that 3 %, the City may opt to increase the universe of refunded bonds. • Restructuring — Refundings for restructuring purposes will be limited to restructuring to alleviate debt service during difficult budgetary years, achieve cash flow savings, mitigate irregular debt service payments, release reserve funds or remove unduly restrictive bond covenants. • Term of Refunding Issues —The City will refund bonds within the term of the originally issued debt. However, the City may consider maturity extension, when necessary to achieve a desired outcome, provided that such extension is legally permissible. The City also may consider shortening the term of the originally issued debt to realize greater savings. The remaining useful life of the financed facility and the concept of inter - generational equity should guide this decision. • Escrow Structuring —The City shall utilize the least costly securities available in structuring refunding escrows. If open market securities are used, a certificate will be provided by a third party agent stating that the securities were procured through an arms - length, competitive bid process that was consistent with the Federal guidelines established for the procurement of investments for escrows, and that the price paid for the securities was reasonable. Under no circumstances shall an agent or financial advisor sell escrow securities to the City from its own account. Arbitrage —The City shall take all necessary steps to optimize escrows and to avoid negative arbitrage in its refundings. Any resulting positive arbitrage will be rebated as necessary according to Federal guidelines. See the City's Post Issuance Compliance Procedures Manual for further details. Investor Relations. Disclosure and Communication • The debt ratios outlined above will be computed annually and reported in the Comprehensive Annual Financial Report, along with a computation of net tax - supported debt per capita. The City of Roanoke Reserve and Debt Management Policies 11 • The City will maintain communication with bond rating agencies to keep them abreast of its financial condition by providing them the City's Comprehensive Annual Financial Report, Annual budget, and Capital Improvement Program. • The City will comply with all of its undertakings in accordance with Securities and Exchange Commission Rule 15c2 -21. See the City's Post Issuance Compliance Procedures Manual for further details. Debt Service Fund Balance • The fund balance of the Debt Service Fund shall be reserved for the future payment of annual principal and interest payments, which includes general obligation bonds of the City, including school debt. The City of Roanoke Reserve and Debt Management Policies 12 Glossary Advance Refunding. A refinancing transaction in which new (refunding) bonds are issued to repay (refund) outstanding bonds more than 90 days prior to the first call date. The proceeds of the refunding bonds are deposited in an escrow account, invested in government securities, and used to pay debt service (interest, principal and premium, if any) on the refunded bonds through the applicable call date. For accounting purposes, refunding obligations are not considered a part of an issuer's debt. Arbitrage. The difference between the interest paid on the tax - exempt securities and the interest earned by investing the security proceeds in higher - yielding taxable securities. IRS regulations govern arbitrage on the proceeds from issuance of municipal securities. Bond Anticipation Notes (BANs). Notes that are issued to provide interim financing during project construction and are paid from the proceeds of the issuance of long -term bonds. Typically issued for capital projects. Call Provisions. The terms of the bond giving the issuer the right to redeem all or a portion of a bond prior to its stated date of maturity at a specific price, usually at or above par. Capitalized Interest. A portion of the proceeds of a bond issue which is set aside to pay interest on the same bond issue for a specific period of time. Interest is commonly capitalized for the construction period of the project. Capital Lease. A lease obligation that has met the criteria to be categorized as a capital lease as opposed to an operating lease under generally accepted accounting principles. Competitive Sale. A method of sale where underwriters submit proposals for the purchase of a new issue of municipal securities and the securities are awarded to the underwriter or underwriting syndicate presenting the best bid according to stipulated criteria set forth in the notice of sale. Continuing Disclosure. Disclosure of financial information deemed to be material with respect to the issuer's ability to repay the principal and interest of a public offered obligation. See the City's Post Issuance Compliance Procedures Manual for further details. Debt. Any obligations of the City for the payment of money issued pursuant to the Public Finance Act of Virginia. Derivative. A product, whose value is derived from an underlying security, structured to deliver varying benefits to different market segments and participants. The term The City of Roanoke Reserve and Debt Management Policies 13 encompasses a wide range of products offered in the marketplace including interest rate swaps, caps, floors and other synthetic variable rate products. Designation Policies. During a negotiated sale, the policy for how investor orders are filled when a maturity is oversubscribed (i.e., when investor demand exceeds bonds available for sale). There are three primary classifications of orders which form the designation policy: Group Net orders; Net Designated orders and Member orders. Escrow. A fund established to hold moneys pledged and to be used to pay debt service on an outstanding issue in a refunding. General Obligations. Bonds issued by the City secured by the City's pledge of its full faith and credit and unlimited taxing power. Group Net Orders. An order at the initial offering price. A group net order benefits all underwriting group according to their percentage participation in the account. Intergenerational Equity. Equity or fairness principal that those that benefit from a capital improvement should pay for it. Legal Debt Margin. The amount of federal obligation bonds and certain other interest bearing obligations (other than revenue bonds) that the City may have outstanding expressed as a percentage of the assessed value of real estate in the City as shown on the last preceding assessment for taxes. Member Order. An order submitted by a member of the underwriting group. Negotiated Sale. A method of sale in which the issuer chooses one underwriter to negotiate terms pursuant to which such underwriter will purchase and market the bonds. Net Designated Order. An order submitted by an underwriting team member on behalf of an investor on which all or a portion of the underwriting fee is to be credited to certain members of the underwriting team. The investor directs the percentage of the total designation each member will receive. Option Value. Option valuation is a methodology for evaluating the efficiency of a refunding. Option valuation calculates the maximum theoretical value of refunding a bond, then expresses the current refunding savings as a percentage of the maximum theoretical savings. Present Value. The current value of a future cash flow. Private Placement. The original placement of an issue with one or more investors as opposed to being publicly offered or sold. The City of Roanoke Reserve and Debt Management Policies 14 Rebate. A requirement imposed by Tax Reform Act of 1986 whereby the issuer of tax - exempt bonds must pay the IRS an amount equal to its profit earned from investment of tax - exempt bond proceeds at rates exceeding the tax - exempt borrowing rate. The tax - exempt borrowing rate (or "bond yield ") is calculated pursuant to the IRS code together with all income earned on the accumulated profit pending payment. Refunding. A transaction in which the City refinances an outstanding issue by issuing new (refunding) bonds and using the proceeds to immediately retire the old (refunded) bonds. Revenue Bonds. Bonds issued by the City secured by a specific revenue pledge of rates, rents or fees. Tax - Supported Debt. Debt that is expected to be repaid from the general fund tax revenues of the City. This includes general obligation bonds, appropriation- supported bonds, capital leases and in certain circumstances moral obligation bonds. For the purpose of this Debt Policy, net tax - supported debt includes general obligation debt for the City and School Board, certain bonded capital leases, and any moral obligation bonds for which the City has deposited funds to a debt service reserve fund as requested to replenish such reserve fund. Underwriter. A dealer that purchases new issues of municipal securities from the Issuer and resells them to investors. Underwriter's Discount. The difference between the price at which bonds are bought by the Underwriter from the Issuer and the price at which they are reoffered to investors. Variable Rate. An interest rate, sometimes referred to as a "floating rate," on a security that changes at intervals according to market conditions or a predetermined index or formula. The City of Roanoke Reserve and Debt Management Policies 15 ..,. -, f 1•�. STEPHANIE M. MOON, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerk(mroanokeva.gov November 19, 2013 Municipal Code Corporation P. O. Box 2235 Tallahassee, Florida 32316 Ladies and Gentlemen: JONATHAN E. CRAFT, CMC Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk I am enclosing copy of Ordinance No. 39808 - 111813 adding Chapter 11.5, Stormwater Utility, to the Code of the City of Roanoke (1979), as amended, effective July 1, 2014, with the initial stormwater utility fee bill due and payable on or before October 5, 2014, in the same manner prescribed in Section 32 -16, et. seq., Code of the City of Roanoke (1979) as amended. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 18, 2013, and is in full force and effect on July 1, 2014. Sincerely, Stephanie M. Moon, MMC City Clerk SMM:jec Enclosure PC: The Honorable Donald S. Caldwell, Commonwealth Attorney The Honorable Brenda S. Hamilton, Clerk, Circuit Court Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Ann H. Shawver, Director of Finance Rick S. Kahl, Clerk, General District Court Municipal Code Corporation November 19, 2013 Page 2 PC: David C. Wells, Clerk, Juvenile and Domestic Relations District Court Chief Magistrate, Office of the Magistrate Joey Klein, Law Librarian Phil Schirmer, City Engineer Susan Lower, Director of Real Estate Valuation IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of November, 2013. No. 39808 - 111813. An ORDINANCE adding Chapter 11.5, Stormwater Utility, to the Code of the City of Roanoke (1979), as amended; authorizing the City Manager to take appropriate actions to facilitate an effective transition and implement the Ordinance; providing for effective dates; and dispensing with the second reading by title of this Ordinance. WHEREAS, during the past several years, City Council and City Staff have periodically held briefings, discussions, and studied the establishment of a Stormwater Utility for the City and the need for such Utility; WHEREAS, during the past year, City Council has been briefed by City Staff on the need for the establislunent of a Stormwater Utility for the City in order to address significant stonnwater capital projects within the City, increase maintenance of the City's stormwater infi-astructure, and to comply with emerging Federal and Commonwealth of Virginia environmental regulations; WHEREAS, during City Council's most recent briefing on September 3, 2013, by City Staff on the Stormwater Utility matter, it was recommended that the establislunent of a Stormwater Utility for the City move forward and allow Council to consider adopting a Stormwater Utility Ordinance hi order to create such a Utility; and WHEREAS, Council has held a public hearing in accordance with Section 15.2- 2114(B) of the Code of Virginia (1950), as amended, on October 21, 2013, at which public hearing citizens were afforded the opportunity to present their opinions and views in support of or in opposition to the proposed the Stonnwater Utility Ordinance. CLLC/ MeasuTmCode Anenchnenl adding a new Chapter 11.5 Stonnwater Utility 11.112013.doe 1 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Adding a new Chapter 11.5, Stonnwater Utility, to the Code of the City of Roanoke (1979), as amended, to read and provide as follows: CHAFTER 11.5 STORMWATEIR UTILITY See. 11.5 -1. Authority and effective date. The City is authorized by the provisions of § 15.2-2114, Code of Virginia (1950), as amended, to establish a utility to support stormwater management activities consistent with the Virginia Stormwater Management Act, § 10.1 -603.1 et seq., Code of Virginia (1950), as amended, and other state and federal stormwater regulations. This Chapter shall be effective July 1, 2014, with the initial stormwater utility fee bill due and payable on or before October 5, 2014 in the same manner prescribed in § 32 -16 et seq., Code of the City of Roanoke (1979), Real Estate Taxes. Notwithstanding, the City Manager is authorized to develop policies, procedures, and manuals necessary to implement this Chapter in accordance with § 11.5 -2 and to accept applications for credits in accordance with § 11.5 -7 prior to July 1, 2014. Sec. 11.5 -2. Purpose and organization. City Council finds that an adequate, sustainable source of revenue for stormwater management activities is necessary to protect the general health, safety, and welfare of the residents of the City. Further, Council finds that parcels, as that tern is defined in Appendix A to the City's 'Zoning Ordinance, § 36.2 -100 et seq_, Code of the City of Roanoke (1979) (City Code), with higher amounts of impervious surfaces contribute greater amounts of stormwater and pollutants to the City's stormwater management system and that the owners of such parcels should cant' a proportionate burden of the cost of such system. Therefore, Council determines that a stormwater utility (utility) based on a parcel's impervious surface cover is in the best interest of the public. The utility shall be operated under the direction of the City Manager, who shall organize, direct, and manage the utility, including the development of necessary Policies, procedures, and manuals as authorized by this Chapter. Sec. 11.5 -3. Stormwater utility fee. (a) There is hereby established a stormwater utility fee (fee) imposed on all improved parcels in the City that exist on January 1 of each year regardless of whether the parcel is subject to taxation under § .12 -16 et seq., Code of the City of Roanoke (1979), Real Estate Taxes. All revenue CLLC/ Measures /Code Amendment adding a new Chapter 11,5 Stonnwater Utility 11.l I2013.doc 2 from the fee shall be deposited into a stormwater utility enterprise fund for the sole purpose of funding the activities described in § 11,5-5. (b) The monthly utility fee rate for each billing unit as defined in § 11.5 -10 shall be set by City Council by separate resolution or with the adoption of the City budget. Each improved parcel in the City shall be charged in accordance with § 11.5 -6. (c) Except as otherwise provided in this Chapter, the impervious surface of a parcel shall be determined by the City using one or more of the following, at the discretion of the City Manager: aerial photography, as -built drawings; final approved site plans; building permits; field surveys; or other appropriate engineering and mapping analysis tools. See. 11.5 -4. Exemptions. Notwithstanding § 11.5 -3 above, the following parcels shall be exempt from the stormwater utility fee: (a) Unimproved parcels as defined in § 11.5 -10; (b) Parcels owned by a federal, state, or local government, or public entity, that holds a permit to discharge stormwater from a municipal separate storm sewer system, except that this exemption shall apply only to parcels or portions of parcels covered by any such permit and shall not apply to parcels owned and maintained by the City of Roanoke that are not otherwise exempt under subsection (c) below; and, (c) Public roads and street rights -of -way that are owned and maintained by the Commonwealth of Virginia, the City of Roanoke, or a local agency, including property rights -of -way acquired through the acquisitions process. See. 11.5-5. Stormwater utility enterprise fund. 'rhere shall be established a stormwater utility enterprise fund (fund) from the deposit of all fees, charges, and other revenue collected by the utility, as well as any other revenue as may be determined by Council or the City Manager, including but not limited to grants and special appropriations. "rhe fiord shall be used exclusively to pay or recover costs for the following: (a) The acquisition by gift, purchase, or condemnation, as authorized by law, of real and personal property, and interest therein, necessary to construct, operate, and maintain storinnwater control facilities; (b) the cost of administration of such programs; CLLC/ MeasurevCode Amendment adding a new Chapter 11.5 Stormwater Utility I I.11.2013.doc (c) Planning, design, engineering, construction, and debt retirement for new facilities and enlargement or improvement of existing facilities, including the enlargement or improvement of dams, levees, floodwalls, and pump stations, whether publicly or privately owned, that serve to control stormwater; (d) Facility operation and maintenance, including the maintenance of dams, levees, floodwalls, and pump stations, whether publicly or privately owned, that serve to control stormwater; (c) Monitoring of stormwater control devices and ambient water quality monitoring; and (t) Other activities consistent with the state or federal regulations or permits governing stormwater management, including, but not limited to, public education, watershed planning, inspection and enforcement activities, and pollution prevention planning and implementation. See. 11.5 -6. stormwater utility fee calculation. (a) Except as otherwise provided, the minimum stormwater utility fee shall be the rate established for one billing Unit and shall be calculated for each parcel in the following manner: (1) Determine the impervious surface of the parcel in square feet. (2) Divide the impervious surface of the parcel by the billing unit. (3) Round the resulting calculation to the nearest whole number to determine the number of billing units. (4) Multiply the number of billing units determined in subsection ( 3 ) above by the rate established in § 11.5-3 to obtain the stormwater utility fee for the parcel. (b) Where a parcel with impervious surface is held in common ownership, the fee shall be calculated in accordance with subsection (a) above. The City Manager may directly bill the entity responsible for the parcel held in common ownership, or distribute the resulting fee equally among those owning an interest in the parcel held in common ownership. In addition, the City Manager, in his or her sole discretion, may develop alternative methodologies for billing a parcel held in common ownership on a case - by- case basis. CLLC:/ Measw'es/Code Amendment adding a new Chapter 11.5 Stormwater Utility t 1.11.2013.doe 4 See. 11.5 -7. Stormwater_utility fee credits. Section 15.2 - 2114.8, Code of Virginia (1950), as amended, recognizes that a continued investment in an on -site stormwater management facility results in a reduced impact on the public stormwater management system. The City Manager is authorized to adopt policies, procedures, and manuals necessary to implement, administer, and enforce this section. (a) Credit Eli ig bjWv. Only on -site stormwater management facilities meeting the following criteria are eligible for a credit against the stormwater utility fee: (1) The parcel owner must submit a Credit Application Form provided by the City in accordance with subsection (c) below. (2) The parcel owner must maintain the structure and function of a stormwater management facility and operate the stormwater management facility. (3) "The parcel owner must have a properly executed maintenance agreement with the City that has been properly recorded in the land records of the Office of the Cleric of the Circuit Court of the City of Roanoke. (4) The parcel owner must demonstrate to the City's satisfaction that the facility is functioning as originally designed. The structure must be maintained to the satisfaction of the City Manager in accordance with the properly executed maintenance agreement. (5) The facility must have met the criteria in existence at the time of construction in at least one of the following sections of the City Code, or their predecessor sections of the City Code, if applicable: (i) §I1.4- 16, Water Quality; or (ii) Both § 11.4 -17, Stream Channel Erosion, and § 11.4 -18, Flooding. (6) Facilities that do not meet the minimum criteria in subsection (5) above may still be considered on a case -by -case basis at the discretion of the City Manager if it is demonstrated that the facility achieves a permanent reduction in post- development stormwater flow and pollutant loading, The credit may be prorated based on an analysis of the benefits of the reduction. (7) The City Manager shall have the discretion to modify one or more of the credit eligibility requirements set forth in this section for residential credit applications, including establishing the definition of residential properties for purposes of residential credit applications. The definition of residential properties entitled to submit residential credit applications and any such other CLLC:I Meastrr s Code Nnendment adding a new Chapter 11.5 Stomiwater Utility I L 1 1.2013.doc 5 modifications shall be included in the policies, procedures, or manuals adopted by the City Manager pursuant to this Section 11.5-7. (b) Credit Amounts. (1) The maximum credit allowed is 50% of the total annual stormwater utility fee, except as provided in subsection (6) below. (2) For an on -site stormwater management facility, the credit amount is based on the amount of impervious surface located on the parcel draining to the facility, and not the total amount of impervious surface cover on the parcel. (3) Credits for on -site stormwater management facilities are as follows if the facility was required under the provisions of Chapter § 11A, Strn'mwater Management, of the City Code: (f) A ten percent (10 %) credit is allowed if the facility, or facilities, provide water quality benefits in accordance with § 11.4-16 of the City Code. (ii) A ten percent (10 %) credit is allowed if the facility, or facilities, provide both stream channel erosion control benefits in accordance with § 11.4-17 of the City Code and flood control benefits it accordance with § 11.4 -18 of the City Code. (4) At the City Manager's discretion, a credit of up to five percent (5 %) in addition to that provided in subsection (3) above may be granted for a facility that achieves benefits above those required by the City Code. (5) If an on -site stormwater management facility is part of a voluntary retrofit, the amount of credit the facility is eligible to receive in accordance with subsections (3) and (4) above shall be doubled. (6) The owner of an eligible facility that treats off -site impervious surface located within the City may take a credit for treating the off -site impervious surface. The off -site credit amount shall be calculated in the same marmer as if the facility was located on the off-site parcel. However, in no case shall the total credit exceed the total amount ofthe annual stormwater utility fee charged to the parcel owner. (c) Application and Maintenance _Verification. (1) rhere is no fee for a credit application. (2) To apply for the initial credit for an on -site stormwater management facility, the parcel owner must submit, at his or her own expense, a Credit Application Form to be provided by the City Manager. The Credit Application Form shall require the following information: C'LLC:/ Measures/Code Amenchnent adding anew Chapter 11.5 Stonnwatet Utility 11.11.2013.doc 6 (i) A description of the type of facility (or facilities), the stormwater control standard met by the facility, and the year the facility was built; (ii) A drainage area map, drawn to scale, for the facility showing the drainage boundaries and the impervious area treated by the facility in square feet; (iii) As -built or other acceptable engineering plans for the facility; (iv) A narrative of the known maintenance history of the facility, including routine maintenance and significant structural maintenance and repair; (v) A copy of the City's standard maintenance agreement that has been executed by the City and properly recorded in the land records of the Office of the Clerk of the Circuit Court of the City of Roanoke. If there is no existing facility maintenance agreement, then one must be completed and properly recorded; (vi) Information on any public funds used to construct, repair, upgrade, or retrofit the facility, including the amount and the date(s); (vii) Calculations to determine the monetary amount of the claimed credit; and (viii) A completed inspection checklist certifying that the facility is functioning as originally designed. "Functioning as originally designed" means that the facility is operating in accordance with the original design specifications, regardless of the standard in effect at the time of the installation. The checklist must be signed and sealed by a Professional Engineer. The inspection checklist shall be no more than one year old at the time of application. (3) Once approved, the parcel owner will continue to receive the credit as long as the facility continues to function as originally designed, and subject to reporting requirements established by the City Manager. The City Manager may revoke the credit if an inspection by the City Manager or a designated representative determines that the facility is no longer being properly maintained or functioning as designed. Such revocation will be effective thirty (30) days after the City Manager has notified the parcel owner in writing of the deficiency(s) and if the problems are not resolved. The revocation may be delayed for an additional period, at the discretion of the City Manager, provided that the parcel owner is diligently pursuing work to eliminate deficiencies. CLLC:I Measures/Code Amendment adding anew Chapter 11.5 Stonnwater Utility 1 L 1 1.2013.doe 7 (4) Any maintenance or flmctional deficiencies must be remedied at the owner's expense before a facility may qualify, or re- qualify (after revocation), fbr a credit. (5) The City Manager shall have the discretion to modify the application and maintenance verification criteria and the Credit Application Form for residential credit applications, including the definition of residential properties qualified to submit residential credit applications and any such other modifications shall be included in the policies, procedures, or manuals adopted by the City Manager pursuant to this Section 11.5-7. (d) Public Improvements to Private -Facilities. A privately owned and operated facility that was constructed or upgraded using City provided funds shall be treated in the following manner: (1) Newly Constructed Facility. The parcel owner shall not be eligible for a credit until such time that the cumulative amount of credit that otherwise would have been allowed if the facility was constructed using private funds equals or exceeds the City's investment. (2) Existing, Non - Functioning Facility Upgraded to Function Properly. The parcel owner shall not be eligible for a credit until such time that the cumulative amount of credit that otherwise would have been allowed if the upgrade or retrofit was constructed using private funds equals or exceeds the City's investment. (3) Existing, Functioning Facility Upgraded and Eligible for Higher Credit. Tlne parcel owner shall be eligible for the original credit. At such time that the cumulative difference between the original credit and the higher credit equals or exceeds the City's investment, the parcel owner shall also be eligible for the higher credit. (e) Credit-for Industrial Stonnwater Permits. Subject to the maximum credit in subsection (b)(I) above, a ten percent (10 %) credit is allowed for any parcel, or portion of a parcel, that is subject to, and in compliance with, an individual or general Virginia Pollutant Discharge Elimination System industrial stornwate- permit issued in accordance with 9VAC'25 -31 -120. Virginia Administrative Code, as amended. To apply for the initial credit, the parcel owner must provide the City Manager with proof of permit coverage, the date of permit expiration, and a cover letter affirming that the parcel is in full compliance with the permit requirements. 'I he credit will expire on permit expiration unless the parcel owner provides proof to the City Manager that the permit has been renewed. (f) Affirmative Dutyaud_ TimirRg. It is the sole responsibility of the parcel owner to apply for a credit in accordance with policies, procedures, and manuals adopted by the City Manager. A credit that is approved by CLLC :1 Measmes/Code Amendment adding anew Chapter 11.5 Stormwater Utility 11.1 12013.doc 8 January 1 of a given year thereafter will be applied in full to the upcoming billing cycle. See. 11.5 -8. Billing penalties, and interest. (a) The stormwater utility fee shall be billed and payable on the same schedule as prescribed in § 32 -18, Code of the City of Roanoke (1979), Real F,state Taxes, and shall be subject to the same penalties and interest as prescribed in § 32 -19, unless a petition for adjustment has been submitted and is under active consideration by the City Manager in accordance with § 11.5-9 below. The stormwater utility fee may be billed separately or may be combined with other billings, and, when combined, payment will be applied first to the stormwater utility fee and then to all other taxes and fees, as determined by the City Treasurer, in accordance with § 15.2-2114.(J, Code of Virginia (1950), as amended. (b) A delinquent stormwater utility fee, along with cumulative interest and penalties, shall constitute a lien on the parcel ranking in parity with liens for unpaid taxes and shall be collected in the same manner as provided for the collection of unpaid real estate taxes. See. 11.5 -9. Petitions for adjustanents. (a) Any parcel owner may request an adjustment of the stormwater utility fee by submitting a request in writing to the City Manager no later than thirty (30) days after the date the bill is mailed or issued to the parcel owner. Grounds for adjustment are limited to the following: (1) An error was made regarding the square tbotage of impervious surface; (2) Fhe parcel is exempt under the provisions of § 11 5 -4; (3) There is a mathematical error in the fee calculation; (4) The identification of the parcel owner invoiced is in error; or (5) An approved credit was incorrectly applied. (b) The parcel owner shall complete a Stonmwater Utility Fee Adjustment application form supplied by the City Manager. (c) If the request for adjustment is regarding an error in the measured impervious surface, a plan view of the parcel's impervious surface must be submitted with the application, and shall be prepared at the owner's expense. The plan must meet the following criteria: CLLC/ Measures/Code Amendment adding anew Chapter 11.5 Srormwater Utility I L I 1.2013.doc 9 (1) The plan must show all impervious surfaces and label their dimensions within the parcel boundaries; and (2) The plan must be signed and sealed by a Professional Engineer or Professional Land Surveyor licensed in the Commonwealth of Virginia attesting to the accuracy of the impervious surface measurements. (d) The requirement for a plan view of the parcel's impervious surfaces required in subsection (c) above may be waived, if in the sole discretion of the City Manager the error is obvious and is the result of a tecImical error or oversight by the City. In such case, the City shall be responsible for recalculating the impervious surface of the parcel. (e) The City Manager shall make a determination within thirty (30) days of receipt of a complete submittal for the request for adjustment. In the event that the City Manager finds that the appeal is deficient or incomplete, the City Manager shall offer the owner thirty (30) days to supply the missing information from the time of the determination. If the information is not provided to the City Manager within the additional thirty (30) day period, the request will be deemed withdrawn. (f) The City Manager's decision on a fee adjustment petition is a final decision from which an aggrieved party may appeal to the Circuit Court of the City of Roanoke within thirty (30) days after the date of such decision, after which time no further appeal shall be allowed. Sec. 11.5-10. Definitions. Words and terms used in this Chapter, and which are defined in Section 11.4 -30 of the City Code, shall have the meaning ascribed to such words and terms as set forth in Section 11.4 -30 of the City Code, except as provided below, or the context clearly indicates otherwise. (a) Billiuq unit means five - hundred (500) square feet of impervious surface (b) hnperTiorrs surface means any area improved, graded, and /or surfaced with impervious material or resulting in impervious conditions. An impervious material or condition is present when the natural infiltration of water into the soil is significantly impeded or prevented. An impervious surface includes that portion of the land surface covered by an elevated structure, such as a bridge or deck, regardless of whether the land surface itself remains pervious or impervious. (c) Improred parcel means any parcel regardless of zoning district, zoning classification, or land use that has two hundred fifty (250) or more square feet of impervious surface. CLLC:/ Measures /Code Amendment adding a new Chapter 11,5 Sta nwater Utility 11.1 12013AM 10 (d) Unimproved parcel means any parcel regardless of zoning district, zoning classification, or land use that has less than two hundred fifty (250) square feet of impervious surface. END OF CHAPTER 11.5 2. The City Manager is hereby authorized to take all steps necessary and /or advisable, in his or her discretion, to implement an effective transition of Chapter 11.5 of the Code of the City of Roanoke (1979), as amended, prior to the effective date of Chapter 11.5, including, but not limited to, developing policies, procedures, and manuals necessary to implement Chapter 11.5, accepting applications for stonnwater utility fee credits, and proposing to City Council a stormwater utility fee. Any proposal for a stonnwater utility fee that the City Manager may propose will be acted on by Resolution by City Council or with the adoption of the City Budget. All fees and expenses incurred prior to July 1, 2014, will be included as City of Roanoke General Fund or Capital Projects expenditures funded by local revenue. 3. Paragraph 1 of this Ordinance shall be in full force and effect on and after July 1, 2014. 4. Paragraph 2 of this Ordinance shall be in full force and effect upon passage of this Ordinance. 5. Pursuant to the provision of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: r City Clerk C'LLC':/ Meas=s /Code Amendment adding a new Chapter 11.5 Stomnvater Utility 11. 1 1.2013.doc 11 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 18, 2013 Subject: Stormwater Utility Ordinance and Stormwater Utility Fee Rate Background: City Council and City Staff have considered for some time the creation of a Stormwater Utility. After advertising the required public hearing notice, City Council held a Public Hearing on the matter of a Stormwater Utility on October 21, 2013. After hearing comments from speakers, the public hearing was closed and the matter tabled for future consideration. In response to comments received at the public hearing City staff provided an update briefing to City Council on November 4, 2013. The briefing provided further detailed information about Roanoke's impaired streams, the extent of the Municipal Separate Storm Sewer System (MS4), and needed storm drain capital projects. The proposed services to be provided with the Stormwater Utility fee revenue were summarized. Revenue estimates based on impervious surface measurements were provided. The average residential monthly fee is $5.76, and the average non - residential fee is $55.60 based on the proposed fee rate of $0.90 per 500 square feet of impervious surface. The maximum gross annual revenue is $5.4 million before applying fee credits. Considerations: The proposed Stormwater Utility will provide dedicated funding to address 1) storm drain capital projects; 2) water quality regulatory compliance and improvements; and 3) increased maintenance and repair of storm drain infrastructure. Attached to this report is a revised Stormwater Utility Ordinance dated November 4, 2013, and again revised on November 1 1 , 2013, which incorporates editorial and clarifying changes, some of which changes address some of the comments from the public. The revised ordinance dated November 4, 2013, was posted for public inspection on the City webpage on November 7, 2013. City staff recommends a monthly fee rate of $0.90 per 500 square feet (SF) of impervious area together with a phased incremental implementation of the fee over a three year period beginning July 1, 2014, at $0.30 per 500 SF, increasing to $0.60 per 500 SF July 1, 2015, and reaching the full rate of $0.90 per 500 SF on July 1, 2016. A proposed resolution to adopt the monthly fee as outlined will be included with the measures that will be considered with the adoption of the FY 2014-2015 budget. Recommended Action: Adopt the proposed Stormwater Utility Ordinance attached to this report to establish a Stormwater Utility effective July 1, 2014, and as set forth therein. Authorize the City Manager to take all steps necessary and /or advisable, in his discretion, to implement an effective transition of Chapter 11.5 of the Code of the City of Roanoke (1979), as amended, prior to the effective date of Chapter 11.5, including, but not limited to, developing policies, procedures, and manuals necessary to implement Chapter 11.5, accepting applications for stormwater utility fee credits, and proposing to City Council a stormwater utility fee. Council further provide that any proposal for a stormwater utility fee that the City Manager may propose will be acted on by Resolution by City Council or with the adoption of the City Budget and that all fees and expenses incurred prior to July 1, 2014, will be included as City of Roanoke General Fund or Capital Projects expenditures funded by local revenue. Authorize the City Manager to take such other actions and to execute such further documents, approved as to form by the City Attorney, as may be necessary to establish, implement, and enforce the Stormwater Utility. - -A---- - - - - -- . Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Sherman Stovall, Assistant City Manager for Operations Robert K. Bengtson, Director of Public Works 2 Revised Draft 11/11/2013 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA An ORDINANCE adding Chapter 11.5, Stormwater Utility, to the Code of the City of Roanoke (1979), as amended; authorizing the City Manager to take appropriate actions to facilitate an effective transition and implement the Ordinance; providing for effective dates; and dispensing with the second reading by title of this Ordinance. WHEREAS, during the past several years, City Council and City Staff have periodically held briefings, discussions, and studied the establishment of a Stormwater Utility for the City and the need for such Utility; WHEREAS, during the past year, City Council has been briefed by City Staff on the need for the establishment of a Stormwater Utility for the City in order to address significant stormwater capital projects within the City, increase maintenance of the City's stormwater infrastructure, and to comply with emerging Federal and Commonwealth of Virginia environmental regulations; WHEREAS, during City Council's most recent briefing on September 3, 2013, by City Staff on the Stormwater Utility matter, it was recommended that the establishment of a Stormwater Utility for the City move forward and allow Council to consider adopting a Stormwater Utility Ordinance in order to create such a Utility; and WHEREAS, Council has held a public hearing in accordance with Section 15.2- 2114(B) of the Code of Virginia (1950), as amended, on October 21, 2013, at which public hearing citizens were afforded the opportunity to present their opinions and views in support of or in opposition to the proposed the Stormwater Utility Ordinance. 1 Revised Draft 11/11/2013 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: Chapter 1 l .5, Stormwater Utility, to the Code of the City of Roanoke (1979), as amended is hereby added to read and provide as follows: CHAPTER 11.5 STORMWATER UTILITY Sec. 11.5 -1. Authority and effective date. The City is authorized by the provisions of § 15.2 -2114, Code of Virginia (1950), as amended, to establish a utility to support stormwater management activities consistent with the Virginia Stormwater Management Act, § 10.1 -603.1 et seq., Code of Virginia (1950), as amended, and other state and federal stormwater regulations. This Chapter shall be effective July 1, 2014, with the initial stormwater utility fee bill due and payable on or before October 5, 2014 in the same manner prescribed in § 32 -16 et seq., Code of the City of Roanoke (1979), Real Estate Taxes. Notwithstanding, the City Manager is authorized to develop policies, procedures, and manuals necessary to implement this Chapter in accordance with § 11.5 -2 and to accept applications for credits in accordance with § 11.5 -7 prior to July 1, 2014. Sec. 11.5 -2. Purpose and organization. City Council finds that an adequate, sustainable source of revenue for stormwater management activities is necessary to protect the general health, safety, and welfare of the residents of the City. Further, Council finds that parcels, as that term is defined in Appendix A to the City's Zoning Ordinance, § 36.2 -100 et seq., Code of the City of Roanoke (1979) (City Code), with higher amounts of impervious surfaces contribute greater amounts of stormwater and pollutants to the City's stormwater management system and that the owners of such parcels should carry a proportionate burden of the cost of such system. Therefore, Council determines that a stormwater utility (utility) based on a parcel's impervious surface cover is in the best interest of the public. The utility shall be operated under the direction of the City Manager, who shall organize, direct, and manage the utility, including the development of necessary policies, procedures, and manuals as authorized by this Chapter. Sec. 11.5 -3. Stormwater utility fee. (a) There is hereby established a stormwater utility fee (fee) imposed on all improved parcels in the City that exist on January 1 of each year regardless of whether the parcel is subject to taxation under § 32 -16 et Revised Draft 11/11/2013 seq., Code of the City of Roanoke (1979), Real Estate Taxes. All revenue from the fee shall be deposited into a stormwater utility enterprise fund for the sole purpose of funding the activities described in § 11.5 -5. (b) The monthly utility fee rate for each billing unit as defined in § 11.5 -10 shall be set by City Council by separate resolution or with the adoption of the City budget. Each improved parcel in the City shall be charged in accordance with § 11.5 -6. (c) Except as otherwise provided in this Chapter, the impervious surface of a parcel shall be determined by the City using one or more of the following, at the discretion of the City Manager: aerial photography; as -built drawings; final approved site plans; building permits; field surveys; or other appropriate engineering and mapping analysis tools. Sec. 11.5 -4. Exemptions. Notwithstanding § 11.5 -3 above, the following parcels shall be exempt from the stormwater utility fee: (a) Unimproved parcels as defined in § 11.5 -10; (b) Parcels owned by a federal, state, or local government, or public entity, that holds a permit to discharge stormwater from a municipal separate storm sewer system, except that this exemption shall apply only to parcels or portions of parcels covered by any such permit and shall not apply to parcels owned and maintained by the City of Roanoke that are not otherwise exempt under subsection (c) below; and, (c) Public roads and street rights -of -way that are owned and maintained by the Commonwealth of Virginia, the City of Roanoke, or a local agency, including property rights -of -way acquired through the acquisitions process. Sec. 11.5 -5. Stormwater utility enterprise fund. There shall be established a stormwater utility enterprise fund (fund) from the deposit of all fees, charges, and other revenue collected by the utility, as well as any other revenue as may be determined by Council or the City Manager, including but not limited to grants and special appropriations. The fund shall be used exclusively to pay or recover costs for the following: (a) The acquisition by gift, purchase, or condemnation, as authorized by law, of real and personal property, and interest therein, necessary to construct, operate, and maintain stormwater control facilities; Revised Draft 11/11/2013 (b) The cost of administration of such programs; (c) Planning, design, engineering, construction, and debt retirement for new facilities and enlargement or improvement of existing facilities, including the enlargement or improvement of dams, levees, floodwalls, and pump stations, whether publicly or privately owned, that serve to control stormwater; (d) Facility operation and maintenance, including the maintenance of dams, levees, floodwalls, and pump stations, whether publicly or privately owned, that serve to control stormwater; (e) Monitoring of stormwater control devices and ambient water quality monitoring; and (f) Other activities consistent with the state or federal regulations or permits governing stormwater management, including, but not limited to, public education, watershed planning, inspection and enforcement activities, and pollution prevention planning and implementation. Sec. 11.5 -6. Stormwater utility fee calculation. (a) Except as otherwise provided, the minimum stormwater utility fee shall be the rate established for one billing unit and shall be calculated for each parcel in the following manner: (1) Determine the impervious surface of the parcel in square feet. (2) Divide the impervious surface of the parcel by the billing unit. (3) Round the resulting calculation to the nearest whole number to determine the number of billing units. (4) Multiply the number of billing units determined in subsection (3) above by the rate established in § 11.5 -3 to obtain the stormwater utility fee for the parcel. (b) Where a parcel with impervious surface is held in common ownership, the fee shall be calculated in accordance with subsection (a) above. The City Manager may directly bill the entity responsible for the parcel held in common ownership, or distribute the resulting fee equally among those owning an interest in the parcel held in common ownership. In addition, the City Manager, in his or her sole discretion, may develop alternative methodologies for billing a parcel held in common ownership on a case - by -case basis. 0 Revised Draft 11/11/2013 Sec. 11.5 -7. Stormwater utility fee credits. Section 15.2- 2114.B, Code of Virginia (1950), as amended, recognizes that a continued investment in an on -site stormwater management facility results in a reduced impact on the public stormwater management system. The City Manager is authorized to adopt policies, procedures, and manuals necessary to implement, administer, and enforce this section. (a) Credit Eligibility. Only on -site stormwater management facilities meeting the following criteria are eligible for a credit against the stormwater utility fee: (1) The parcel owner must submit a Credit Application Form provided by the City in accordance with subsection (c) below. (2) The parcel owner must maintain the structure and function of a stormwater management facility and operate the stormwater management facility. (3) The parcel owner must have a properly executed maintenance agreement with the City that has been properly recorded in the land records of the Office of the Clerk of the Circuit Court of the City of Roanoke. (4) The parcel owner must demonstrate to the City's satisfaction that the facility is functioning as originally designed. The structure must be maintained to the satisfaction of the City Manager in accordance with the properly executed maintenance agreement. (5) The facility must have met the criteria in existence at the time of construction in at least one of the following sections of the City Code, or their predecessor sections of the City Code, if applicable: (i) § 11.4 -16, Water Quality; or (ii) Both § 11.4 -17, Stream Channel Erosion, and § 11.4 -18, Flooding. (6) Facilities that do not meet the minimum criteria in subsection (5) above may still be considered on a case -by -case basis at the discretion of the City Manager if it is demonstrated that the facility achieves a permanent reduction in post - development stormwater flow and pollutant loading. The credit may be prorated based on an analysis of the benefits of the reduction. (7) The City Manager shall have the discretion to modify one or more of the credit eligibility requirements set forth in this section for residential credit applications, including establishing the definition of residential properties for purposes of residential credit applications. The definition of residential properties entitled to Revised Draft 11/11/2013 submit residential credit applications and any such other modifications shall be included in the policies, procedures, or manuals adopted by the City Manager pursuant to this Section 11.5 -7. (b) Credit Amounts. (1) The maximum credit allowed is 50% of the total annual stormwater utility fee, except as provided in subsection (6) below. (2) For an on -site stormwater management facility, the credit amount is based on the amount of impervious surface located on the parcel draining to the facility, and not the total amount of impervious surface cover on the parcel. (3) Credits for on -site stormwater management facilities are as follows if the facility was required under the provisions of Chapter § 11.4, Stormwater Management, of the City Code: (i) A ten percent (10 %) credit is allowed if the facility, or facilities, provide water quality benefits in accordance with § 11.4 -16 of the City Code. (ii) A ten percent (10 %) credit is allowed if the facility, or facilities, provide both stream channel erosion control benefits in accordance with § 11.4 -17 of the City Code and flood control benefits in accordance with § 11.4 -18 of the City Code. (4) At the City Manager's discretion, a credit of up to five percent (5 %) in addition to that provided in subsection (3) above may be granted for a facility that achieves benefits above those required by the City Code. (5) If an on -site stormwater management facility is part of a voluntary retrofit, the amount of credit the facility is eligible to receive in accordance with subsections (3) and (4) above shall be doubled. (6) The owner of an eligible facility that treats off -site impervious surface located within the City may take a credit for treating the off -site impervious surface. The off -site credit amount shall be calculated in the same manner as if the facility was located on the off -site parcel. However, in no case shall the total credit exceed the total amount of the annual stormwater utility fee charged to the parcel owner. (c) Application and Maintenance Verification. (1) There is no fee for a credit application. (2) To apply for the initial credit for an on -site stormwater management facility, the parcel owner must submit, at his or her Revised Draft 11/11/2013 own expense, a Credit Application Form to be provided by the City Manager. The Credit Application Form shall require the following information: (i) A description of the type of facility (or facilities), the stormwater control standard met by the facility, and the year the facility was built; (ii) A drainage area map, drawn to scale, for the facility showing the drainage boundaries and the impervious area treated by the facility in square feet; (iii) As -built or other acceptable engineering plans for the facility; (iv) A narrative of the known maintenance history of the facility, including routine maintenance and significant structural maintenance and repair; (v) A copy of the City's standard maintenance agreement that has been executed by the City and properly recorded in the land records of the Office of the Clerk of the Circuit Court of the City of Roanoke. If there is no existing facility maintenance agreement, then one must be completed and properly recorded; (vi) Information on any public funds used to construct, repair, upgrade, or retrofit the facility, including the amount and the date(s); (vii) Calculations to determine the monetary amount of the claimed credit; and (viii) A completed inspection checklist certifying that the facility is functioning as originally designed. "Functioning as originally designed" means that the facility is operating in accordance with the original design specifications, regardless of the standard in effect at the time of the installation. The checklist must be signed and sealed by a Professional Engineer. The inspection checklist shall be no more than one year old at the time of application. (3) Once approved, the parcel owner will continue to receive the credit as long as the facility continues to function as originally designed, and subject to reporting requirements established by the City Manager. The City Manager may revoke the credit if an inspection by the City Manager or a designated representative determines that the facility is no longer being properly maintained or functioning as designed. Such revocation will be effective thirty (30) days after the City Manager has notified the parcel owner in writing of the deficiency(s) and if the problems are not resolved. The Revised Draft 11/11/2013 revocation may be delayed for an additional period, at the discretion of the City Manager, provided that the parcel owner is diligently pursuing work to eliminate deficiencies. (4) Any maintenance or functional deficiencies must be remedied at the owner's expense before a facility may qualify, or re- qualify (after revocation), for a credit. (5) The City Manager shall have the discretion to modify the application and maintenance verification criteria and the Credit Application Form for residential credit applications, including the definition of residential properties qualified to submit residential credit applications and any such other modifications shall be included in the policies, procedures, or manuals adopted by the City Manager pursuant to this Section 11.5 -7. (d) Public Improvements to Private Facilities. A privately owned and operated facility that was constructed or upgraded using City provided funds shall be treated in the following manner: (1) Newly Constructed Facility. The parcel owner shall not be eligible for a credit until such time that the cumulative amount of credit that otherwise would have been allowed if the facility was constructed using private funds equals or exceeds the City's investment. (2) Existing, Non - Functioning Facility Upgraded to Function Properly. The parcel owner shall not be eligible for a credit until such time that the cumulative amount of credit that otherwise would have been allowed if the upgrade or retrofit was constructed using private funds equals or exceeds the City's investment. (3) Existing, Functioning Facility Upgraded and Eligible for Higher Credit. The parcel owner shall be eligible for the original credit. At such time that the cumulative difference between the original credit and the higher credit equals or exceeds the City's investment, the parcel owner shall also be eligible for the higher credit. (e) Credit for Industrial Stormwater Permits. Subject to the maximum credit in subsection (b)(1) above, a ten percent (10 %) credit is allowed for any parcel, or portion of a parcel, that is subject to, and in compliance with, an individual or general Virginia Pollutant Discharge Elimination System industrial stormwater permit issued in accordance with 9VAC25 -31 -120, Virginia Administrative Code, as amended. To apply for the initial credit, the parcel owner must provide the City Manager with proof of permit coverage, the date of permit expiration, and a cover letter affirming that the parcel is in full compliance with the permit requirements. The credit Revised Draft 11/11/2013 will expire on permit expiration unless the parcel owner provides proof to the City Manager that the permit has been renewed. (f) Affirmative Duty and Timing. It is the sole responsibility of the parcel owner to apply for a credit in accordance with policies, procedures, and manuals adopted by the City Manager. A credit that is approved by January 1 of a given year thereafter will be applied in full to the upcoming billing cycle. See. 11.5 -8. Billing, penalties, and interest. (a) The stormwater utility fee shall be billed and payable on the same schedule as prescribed in § 32 -18, Code ofthe City of Roanoke (1979), Real Estate Taxes, and shall be subject to the same penalties and interest as prescribed in § 32 -19, unless a petition for adjustment has been submitted and is under active consideration by the City Manager in accordance with § 11.5 -9 below. The stormwater utility fee may be billed separately or may be combined with other billings, and, when combined, payment will be applied first to the stormwater utility fee and then to all other taxes and fees, as determined by the City Treasurer, in accordance with § 15.2- 2114.G, Code of Virginia (1950), as amended. (b) A delinquent stormwater utility fee, along with cumulative interest and penalties, shall constitute a lien on the parcel ranking in parity with liens for unpaid taxes and shall be collected in the same manner as provided for the collection of unpaid real estate taxes. See. 11.5 -9. Petitions for adjustments. (a) Any parcel owner may request an adjustment of the stormwater utility fee by submitting a request in writing to the City Manager no later than thirty (30) days after the date the bill is mailed or issued to the parcel owner. Grounds for adjustment are limited to the following: (1) An error was made regarding the square footage of impervious surface; (2) The parcel is exempt under the provisions of § 11.5 -4; (3) There is a mathematical error in the fee calculation; (4) The identification of the parcel owner invoiced is in error; or (5) An approved credit was incorrectly applied. Revised Draft 11/11/2013 (b) The parcel owner shall complete a Stormwater Utility Fee Adjustment application form supplied by the City Manager. (c) If the request for adjustment is regarding an error in the measured impervious surface, a plan view of the parcel's impervious surface must be submitted with the application, and shall be prepared at the owner's expense. The plan must meet the following criteria: (1) The plan must show all impervious surfaces and label their dimensions within the parcel boundaries; and (2) The plan must be signed and sealed by a Professional Engineer or Professional Land Surveyor licensed in the Commonwealth of Virginia attesting to the accuracy of the impervious surface measurements. (d) The requirement for a plan view of the parcel's impervious surfaces required in subsection (c) above may be waived, if in the sole discretion of the City Manager the error is obvious and is the result of a technical error or oversight by the City. In such case, the City shall be responsible for recalculating the impervious surface of the parcel. (e) The City Manager shall make a determination within thirty (30) days of receipt of a complete submittal for the request for adjustment. In the event that the City Manager finds that the appeal is deficient or incomplete, the City Manager shall offer the owner thirty (30) days to supply the missing information from the time of the determination. If the information is not provided to the City Manager within the additional thirty (30) day period, the request will be deemed withdrawn. (f) The City Manager's decision on a fee adjustment petition is a final decision from which an aggrieved party may appeal to the Circuit Court of the City of Roanoke within thirty (30) days after the date of such decision, after which time no further appeal shall be allowed. Sec. 11.5-10. Definitions. Words and terms used in this Chapter, and which are defined in Section 11.4 -30 of the City Code, shall have the meaning ascribed to such words and terms as set forth in Section 11.4 -30 of the City Code, except as provided below, or the context clearly indicates otherwise. (a) Billing unit means five - hundred (500) square feet of impervious surface. (b) Impervious surface means any area improved, graded, and /or surfaced with impervious material or resulting in impervious conditions. An 10 Revised Draft 11/11/2013 impervious material or condition is present when the natural infiltration of water into the soil is significantly impeded or prevented. An impervious surface includes that portion of the land surface covered by an elevated structure, such as a bridge or deck, regardless of whether the land surface itself remains pervious or impervious. (c) Improved parcel means any parcel regardless of zoning district, zoning classification, or land use that has two hundred fifty (250) or more square feet of impervious surface. (d) Unimproved parcel means any parcel regardless of zoning district, zoning classification, or land use that has less than two hundred fifty (250) square feet of impervious surface. END OF CHAPTER 11.5 2. The City Manager is hereby authorized to take all steps necessary and /or advisable, in his or her discretion, to implement an effective transition of Chapter 11.5 of the Code of the City of Roanoke (1979), as amended, prior to the effective date of Chapter 11.5, including, but not limited to, developing policies, procedures, and manuals necessary to implement Chapter 11. 5, accepting applications for stormwater utility fee credits, and proposing to City Council a stormwater utility fee. Any proposal for a stormwater utility fee that the City Manager may propose will be acted on by Resolution by City Council or with the adoption of the City Budget. All fees and expenses incurred prior to July 1, 2014, will be included as City of Roanoke General Fund or Capital Projects expenditures funded by local revenue. 3. Section 1 of this Ordinance shall be in full force and effect on and after July 1, 2014. 4. Section 2 of this Ordinance shall be in full force and effect upon passage of this Ordinance. 5. Pursuant to the provision of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. 11 ATTEST: City Clerk Revised Draft 11/11/2013 12 W N I T Y I ,w 4 VA P, VOLUME 48 NO. 9 NOVEMBER 2013 CE Downtown Roanoke's MUMI revives How partnerships made it all happen 'N 2001, ROANOKE residents and city leaders unveiled a blueprint to guide community develop- ment through 2020, with a major goal of revitalizing the city's neighborhoods. Roanoke was beginning to emerge as one of the hottest cit- ies in America for new manufacturing locations and /or expansions. But the growing workforce found affordable housing in the downtown area to be limited. Residents, leaders and developers recognized that the great old buildings of downtown Roanoke had lost their luster, but not their potential. Appreciation for these historic structures — factories, hotels, storefronts and warehouses — was still there. Was it possible to bring them back to life as mixed- use /mixed- income (MUMI) properties with affordable housing options? And if so, how could Roanoke make it happen? ,r Today, the former Grand Piano and Furniture building known as The Hancock is a MUMI complex that features 46 apartments, as well as ground floor space. "The developer of the first mixed -use project brought the details of VHDAs program to the city's attention and demonstrated how this program was beneficial to his development approach. It also was consistent with Roanoke's housing goals and objectives," said Roanoke Assistant City Manager Brian Townsend, "especially as it pertained to our desire to provide more housing for mixed- income scenarios in our downtown and central core neighborhoods." Through its Redevelopment and Housing Author- ity, the city had designated most of the central part 18 VIRGINIA TOWN & CITY I NOVEMBER 2013 of Roanoke and downtown as a conservation district in 1980. This satisfied the requirements of VHDAs MUMI program. The city also used its resources to establish new national and state Historic Dis- tricts — and expand existing districts — in parts of downtown. This step facilitated the development community's use of state and federal historic tax credits as an integral part of revitalizing Roanoke's downtown housing component. The city's zoning ordinance already allowed mixed -use development. Townsend added that the city's role was, and continues to be, to create a climate that helps developers explore, implement and layer multiple financial and program components. This makes it easier to overcome functional and financial barriers that are inherent in transforming old buildings into mixed- use /mixed- income residences. ❑ In 2002, Roanoke residents and private developers, Scott Graeff and Ed Walker shared a dream — to do something special with the former Grand Piano and Furniture building. Five years later they approached the City of Roanoke with the idea of restoring the historic landmark and, at the same time, creating rental alternatives for the city's diverse workforce. Today, the four -story building called The Hancock features a restored exterior facade, as well the original oak floors and decorative upper - floor windows. Monthly rents are $650 to ` $1,500 for the 46 one - bedroom apartments and $995 to $1,195 for the 12 two-bedroom apartments. Seventeen of the 46 apartments will be maintained as affordable for the life of the loan. The building also includes office space on the ground floor. This $10 million adaptive re-use was financed by layering historic tax credit equity, owner equity a one -time economic develop- ment performance grant contributed by the city through the Roanoke Redevelopment and Housing Authority, and a blend of VHDA taxable bonds and REACH Virginia MUMI subsidy funds. "In 2002, the city had almost no housing in its traditional downtown," said Townsend. "It took a couple of signature projects to demonstrate the demand for housing downtown and in Roanoke's surrounding central core neighborhoods. It was surprising that those initial projects, like The Hancock, that came online in the mid /late- decade (2006 - 2009), were pre - leased, and /or were totally leased up very soon after the proj- 0 Cotton Mill Lofts, once a thriving textile factory in Roanoke's downtown industrial district, has been reinvented as an urban mixed -use / mixed - income community with Immediate leasing success. ects were finished. No project to date, either using the VHDA MUMI program or other means of financing, have languished on the rental market or not had solid lease -up activity." U A textile factory built in 1919 became a stylish apartment building in a former downtown industrial district, thanks to the demand for con- temporary living spaces combined with visionary thinking by Ed Walker. Today, Cotton Mill Lofts includes 108 apartments that range in size from 450 square feet to more than 1,200 square feet, and rent for $525 to $1,355 a month. Eight spaces that are designed to be live /work units feature an outside entrance. Financing to redevelop the former Virginia Mills Cotton Products plant into affordable workforce housing combined historic tax credits and owner equity "- with a permanent loan from VHDA, for a total development cost of $12.5 million. "Roanoke was fortunate to have a small, but very dedicated and innovative, cadre of W local developers with a very strong vision of the potential for downtown residential development. Edward Walker was instrumental in demonstrating how such projects could be financially structured to make the projects supportable within the revenue /rental structure of Roanoke's housing market," Townsend said. "Programs, policies and other supportive efforts of the city, VHDA and others are only good when you have a talented development community and develop- ment teams with the vision and wherewithal to put them all together, in the right proportions, and in the right contexts to make projects happen." ❑ Built in 1925 by Harry Lawson along the downtown railway, The Lawson East originally warehoused first generation Model T's imported into the Roanoke area. In Sep- tember 2008, when the warehouse received its listing as a Virginia Landmark on the National Register of Historic Places, developer Lucas Thornton had already envisioned the project that would breathe new life into his great - grandfather's legacy. Thornton had contacted VHDA in January 2008 for assistance in col- laborating with the developer and the city, as well as creating a financing strategy to leverage several sources of funding. The result of merg- ing the warehouse's historic industrial roots with modern features is 22 one- and two- bedroom apartments, with eight apartments maintained as affordable for the life of the loan. There are also two live /work units and a 1,000 square foot commercial space. In addition to historic tax credit eq- uity and owner equity, the $3.2 million revitalization was funded through VHDAs MUMI program and REACH Virginia subsidy funds, blended with taxable bonds. The City of Roanoke provided a 10 -year real estate tax abatement that temporarily freezes the building's value at its before- rehabilitation rate. The Lawson East has gone from warehousing Model T cars to housing 22 apartments, two innovative live /work units and 1,000 square feet of commercial space. "Obviously, Roanoke has experienced positive impacts from more residents living in downtown," said Townsend. "Previously vacant and /or underutilized buildings have been put back to productive use, prop- erty values have stabilized and increased, and restaurant and related uses have increased in downtown to support both daytime worker and evening resident populations." VIRGINIA TOWN & CITY I NOVEMBER 2013 19 development has failed, and all have performed at or exceeded expectations, despite rather troubling and unclear national economic and financial conditions," Townsend said. !Flog, From hotel to high -rise apartment building, The Patrick Henry is an adaptive re -use success story complete with an elegant ballroom and a variety of ground floor businesses- ❑ The Patrick Henry, a once glamorous high -rise hotel, had operated as both apartments and a hotel for several decades before the final resident moved out in 2005. It was sold in October 2009 to developer Edward Walker, who had previously revitalized several of down- town Roanoke's historic buildings. Innovative adaptive re -use balanced modern amenities with the preservation of many original architectural details. The result is 132 one- and two- bedroom apartments that rent from $520 to $1,315 a month. The Patrick Henry also features lower floor commercial spaces that house a variety of businesses. The restored ballroom provides an elegant space that can be rented for weddings, conferences and meetings. The $22.6 million transformation was financed by combining historic tax credits, New Markets tax credits, owner equity and a VHDA permanent loan. "Success breeds success. We have been fortunate over the past decade that no mixed - use /mixed income 20 VIRGINIA TOWN & CITY I NOVEMBER 2013 determine what is in your city's best interest, what its housing strategy is, and how to ensure that alignment of policies, goals and objectives is made with support or non- support of certain housing financing programs," Townsend said. "The VHDA MUMI program happened to be very well aligned with Roanoke's housing goals and objectives when it was first used in 2006 or so, and the city developed a rapport with a local group of developers whom we knew had long -term interests in their investments, and in the future of downtown, that very closely aligned with those of the city." City Manager Christopher Morrill summed up Roanoke's MUMI revival this way. "The partnership between the City of Roanoke, VHDA and the develop- ment community has created a new level of energy in our downtown, resulting in a vibrancy that can be experienced during the workday, nights, evenings and the weekend. It's a downtown that provides the broad- est range of activity and opportunity possible to the residents of the city and the Roanoke Valley." To learn about MUMI housing finance solutions that can help cities and towns transform neglected buildings into desirable, affordable apartments and street -level businesses, contact Keith Sherrill, VHDA Community Housing Officer, at 804 -343 -5735 or Keith.Sherrill@vhda.com. To review MUMI suc- cess stories from around Virginia, visit vhda.com/ casestudies. a* About the author Ann Brown is a senior copywriter at the Virginia Housing Development Authority. A revival gaining momentum The first professional comprehensive plan in America was the Roanoke Plan of 1907, devel- oped by now famous city planner, John Nolen. Today, the City of Roanoke is still planning comprehensively, as it grows into a hub for com- merce and business, with a population of approxi- mately 97,000. The proof is in a 65 -block historic downtown district that is evolving into a focal point for work, play and attractive, affordable urban housing options. The immediate leasing success of revitalized mixed - use /mixed- income rental properties confirmed the desire for afford- able housing in a downtown that is evolving into a itrue .uS�1,M1 neighborhood. "The devil is in the details. You have to !Flog, From hotel to high -rise apartment building, The Patrick Henry is an adaptive re -use success story complete with an elegant ballroom and a variety of ground floor businesses- ❑ The Patrick Henry, a once glamorous high -rise hotel, had operated as both apartments and a hotel for several decades before the final resident moved out in 2005. It was sold in October 2009 to developer Edward Walker, who had previously revitalized several of down- town Roanoke's historic buildings. Innovative adaptive re -use balanced modern amenities with the preservation of many original architectural details. The result is 132 one- and two- bedroom apartments that rent from $520 to $1,315 a month. The Patrick Henry also features lower floor commercial spaces that house a variety of businesses. The restored ballroom provides an elegant space that can be rented for weddings, conferences and meetings. The $22.6 million transformation was financed by combining historic tax credits, New Markets tax credits, owner equity and a VHDA permanent loan. "Success breeds success. We have been fortunate over the past decade that no mixed - use /mixed income 20 VIRGINIA TOWN & CITY I NOVEMBER 2013 determine what is in your city's best interest, what its housing strategy is, and how to ensure that alignment of policies, goals and objectives is made with support or non- support of certain housing financing programs," Townsend said. "The VHDA MUMI program happened to be very well aligned with Roanoke's housing goals and objectives when it was first used in 2006 or so, and the city developed a rapport with a local group of developers whom we knew had long -term interests in their investments, and in the future of downtown, that very closely aligned with those of the city." City Manager Christopher Morrill summed up Roanoke's MUMI revival this way. "The partnership between the City of Roanoke, VHDA and the develop- ment community has created a new level of energy in our downtown, resulting in a vibrancy that can be experienced during the workday, nights, evenings and the weekend. It's a downtown that provides the broad- est range of activity and opportunity possible to the residents of the city and the Roanoke Valley." To learn about MUMI housing finance solutions that can help cities and towns transform neglected buildings into desirable, affordable apartments and street -level businesses, contact Keith Sherrill, VHDA Community Housing Officer, at 804 -343 -5735 or Keith.Sherrill@vhda.com. To review MUMI suc- cess stories from around Virginia, visit vhda.com/ casestudies. a* About the author Ann Brown is a senior copywriter at the Virginia Housing Development Authority. c,-.-/ Awolmvow IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 78th day of November, 1013. No. 39809 - 111813. A RESOLUTION paying tribute to Dr. Robert H. Sandel, President of Virginia Western Community College, on being selected as the City of Roanoke's 2013 Citizen of the Year. WHEREAS, Dr. Sandel, who hails from Orangeburg, South Carolina, earned his bachelor's degree from The Citadel, his master's degree from South Carolina State University, and his doctorate from the University of South Carolina; WHEREAS, prior to time at Virginia Western Community College, Dr. Sandel was president of Mountain Empire Community College in Big Stone Gap, Virginia; WHEREAS, Dr. Sandel has been a Roanoke City resident far 13 years; WHEREAS, under Dr. Sandel's leadership, Virginia Western Community College took great strides to make college possible for any student by securing a $S million donation from the Horace G. Fralin Charitable Trust to create an endowment for scholarships in the fields of science, technology, engineering, mathematics and healthcare (STEM -H), and by establishing the Community College Access Program (CCAP), which provides a full two years of tuition to area high school graduates region -wide; WHEREAS, Dr. Sandel oversaw extensive new construction at Virginia Western Community College in 2012 - 13, including the Fralin Center for Science and Health Professions which opened for classes in Fall 2013; WHEREAS, Dr. Sandel has been an exemplary conmmunity college educator for more than 30 years; and WHEREAS, Dr. Sandel has given unselfishly of his tinge and energy to impact the quality of life far the entire Roanoke Community. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council adopts this Resolution to recognize, commend, and applaud Dr. Robert H. Sandel as the City ofRoanoke's 2013 Citizen of the Year. 2. The City Clerk is directed to forward an attested copy of this resolution to Dr. Robert H. Sandel ATTEST. Stephanie M Moon, MMC City Clerk I�Z ow WV David A. Bowers Mayor STEPHANIE M. MOON, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E-mail: elerkWroanokeva.gov REVISED November 13, 2013 Maxwell H. Wiegard, Attorney Gentry, Locke, Rakes and Moore 10 Franklin Road, S. E., Suite 800 Roanoke, Virginia 24011 Dear Mr. Wiegard: JONATHAN E. CRAFr, CMC Deputy City Clerk CECELIA "r. WEBB, CMC Assistant Deputy City Clerk This will acknowledge receipt of your communication received in the City Clerk's Office under date of November 6, 2013, addressed to Katherine Gray, City Planner, requesting a continuance of a public hearing scheduled to be heard by the Council at its meeting on Monday, November 18 on an application from Pegasus Tower Company, LLC, to amend the Planned Unit Development Plan as it pertains to 1809 Franklin Road, S. W., identified as Official Tax Map No. 104010, to permit construction of a wireless telecommunication tower in Phase I and an office building in Phase II previously rezoned to Institutional Planned Unit Development Plan (INPUD), during the comprehensive zoning, pursuant to Ordinance No. 37269- 120505 adopted by the Council on December 5, 2005. Inasmuch as the petitioner has requested additional time to consider comments received by members of the Planning Commission, City staff, and Old Southwest Inc., during the Planning Commission's Informal Work Session held on October 25, the Public hearina will be rescheduled to be heard at the regular meetina of Council on Monday. December 16 at 7:00 p.m. If you should have any questions or need additional information, please do not hesitate to contact me. Sincerely, i4d4.�°i�•�a�il^� Stephanie M. Moon, MMC City Clerk Maxwell H. Wiegard, Attorney November 13, 2013 Page 2 PC: HTB Properties, LLC, 202 South Jefferson Street, Roanoke, Virginia 24011 The Honorable Mayor David A. Bowers and Members of Roanoke City Council Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Ann H. Shawver, Director of Finance Steven J. Talevi, Assistant City Attorney Phillip Schirmer, City Engineer Susan Lower, Director of Real Estate Valuation Christopher Chittum, Director, Planning Building and Development Katherine Gray, Land Use and Urban Design Planner Robert Clement, Neighborhood Services Coordinator Rebecca Cochran, Secretary, City Planning Commission GENTRY LOCKE RAKES & M LP Maxwell H. Wiegard Attorneys Facsimile 540.983.9400 (540) 983 -9350 Post Office Box 40013 rrmegard@gentrytocke.mm Roanoke, Virginia 24022 -0013 November 6, 2013 HAND DELIVERED Katharine Gray, City Planner Department of Planning, Building and Development City of Roanoke Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 Re: Request for Continuance of Public Hearings on Application for Amendment of Planned Unit Development Plan (the "Application') Applicant: Pegasus Tower Company, LLC Property Owner: Timberbrook Properties VI, LLC Property: 1809 Franklin Road, S.W. (Tax Map No.: 1040102) Dear Katharine: We serve as zoning counsel to Pegasus Tower Company, LLC, the Applicant for Amendment of a Planned Unit Development Plan governing the parcel of real property referenced above. The purpose of this letter is to request a continuance of the public hearing regarding this matter from the agenda for the Roanoke City Planning Commission's November 12, 2013 meeting, to the agenda for the Roanoke City Planning Commission's December 10, 2013 meeting. We also hereby request a continuance of the public hearing for this matter from the agenda for the Roanoke City Council's November 18, 2013 meeting, to the agenda for the Roanoke City Council's December 16, 2013 meeting. We attended the Roanoke City Planning Commission's informal work session on October 25, 2013 on behalf of the Applicant. Following the Planning Commission's work session, on October 29, 2013, we received numerous comments on the Application from Roanoke City planners, members of the Roanoke City Planning Commission, the Roanoke City transportation engineer, the Roanoke City engineer, and members of Old Southwest, Inc. (collectively, the "Comments'). The requested continuance will provide the Applicant time to fully consider the Comments, and determine how to appropriately amend the Application and the proposed Planned Unit Development Plan to address the Comments in such a way that this remains a viable project. In the event that the Applicant elects to make changes to the Application and the proposed Planned Unit Development Plan, we will contact you in advance of the public notice deadline for the December 10, 2013, Planning Commission meeting. 10 Franklin Road SE, Suite 800 8 Roanoke, VA 24011 :• Toll Free: 866- 983-0866 w gentryAocke.cam 11589/9/6468412v1 GENTRY LOCKE RAKES & M ®RE° Katherine Gray, City Planner November 6, 2013 Page 2 We appreciate your consideration. If you have any questions, please do not hesitate to call me at 540- 983 -9350. Very truly yours, GENTRY LOCK/E /RAKES & MOORE, LLP Maxwell H. Wiegar MHW:Ibs cc: ✓Stephanie N. Moon, City Clerk, City of Roanoke, Virginia Mr. Craig Clifton Mr. Steven S. Strauss Ms. Jean P. Doyle 11 589/9/6468412x1 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times --- ---- - --- - -- ---- --- --- ----- ---- -- -- -- +- - - ----- CITY OF ROANOKE, PDV PLANNING, BLDG., DEV 215 CHURCH 166 ROANOKE VA 24011 REFERENCE: 80076514 13472179 State of Virginia City of Roanoke PUBLICHEARINGNOTICEA I, (the undersigned) an authorized representative of the Times -World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City /County of Roanoke, Commonwealth /State of Virginia. Sworn and subscribed before me this ay of Nov.2013. Witness my hand and official seal. No ry Public 1 IfA /� / / /// nV PUBLI ,QED ON: 10/30 11/06 T (rl U Q.•NOSPR� �`. x�: _ m PVC 9 �g3C qqEG. #MM�S��oN ..i ' '.�01VWEA11" a` TOTALiPOST: 1,022.16 FILED `ON: 11/11/13 ---- - -- --- -- -- -- - -- - --- -- -- - - -- ------ ----- - ---- +— — -- ---- ---- -- Authorized Signature: Billing Services Representative PUBLIC HEARING NOTICE PUBLIC HEARING NOTICE All public hearings advertised herein will be held in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. All applications are available for review in the Planning Building and Development office, Room 166, 215 Church Ave. S.W., Roanoke, VA. Any person with a disability requiring any special accommodation to attend or participate in the hearings should contact Planning Building and Development at (540) 853 -1730 at least five days prior to the scheduled hearing. The City of Roanoke Planning Commission will hold a public hearing on November 12, 2013, at 1:30 p.m., or as soon as the matter may be heard, to consider these applications: Application by Jasminka Traylor and Ahmed Elsayed to amend conditions proffered as part of a rezoning at 902 Penmar Avenue, S.E., bearing Official Tax No. 4130410, previously accepted by City Council by Ordinance 35952- 061702. The application is to repeal all conditions, such conditions restricting the owner's ability to expand the existing structure, prohibiting the sale of alcohol on the premises and the placement of pay phones on the property, allowing only certain uses on the property, and limiting signage for commercial uses, pertaining to the portion of Official Tax No. 4130410 rezoned by the adoption of Ordinance 35952- 061702. The zoning of the property will remain Commercial - Neighborhood District (CN), permitting these land use categories: residential; accommodations and group living; commercial; industrial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory; with a maximum density of one dwelling unit per 1,800 square feet of lot area and a maximum floor area ratio of 5.0. The comprehensive plan designates the property for village center use. The proposed use of the property is retail sales establishment, not otherwise listed. Application by Pegasus Tower Company, LLC to amend the Planned Unit Development Plan as it pertains to 1809 Franklin Rd., SW, containing approximately 4.3 610 acres, bearing Official Tax No. 1040102, to permit construction of a wireless telecommunications tower in Phase I and an office building in Phase II previously rezoned to Institutional Planned Unit Development Plan (INPUD), during the comprehensive rezoning, Ordinance 37269 - 120505, on December 5, 2005. The land use categories permitted in the INPUT) District include residential; accommodations and group living; commercial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory, with a maximum density of one dwelling unit per 1,800 square feet of lot area. The comprehensive plan designates the property for commercial use. The proposed use of the property is wireless telecommunications facility and commercial building including office, general and professional, and/or medical clinic and /or business service establishment, not otherwise listed. Rebecca Cockram, Secretary, City Planning Commission City Council will hold public hearings on the aforesaid applications on November 18, 2013, at 7:00 p.m., or as soon as the matters may be heard. Stephanie M. Moon, MMC, City Clerk Please publish in newspaper on October 30 and November 6, 2013. Please bill and send affidavit of publication to: Rebecca Cockram, Secretary City Planning Commission Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853 -1730 Please send affidavit of publication to: Stephanie M. Moon, MMC, City Clerk 215 Church Avenue, S. W., Suite 456 Noel C. Taylor Municipal Building Roanoke, Virginia 2401 1 -1 536 (540) 853 -2541 10/28/13 8:55 a.m. AFFIDAVIT APPLICANT: Pegasus Tower Company, LLC LOCATION: 1809 Franklin Road, S.W., Tax No. 1040102 REQUEST: Amend PUD Plan COMMONWEALTH OF VIRGINIA ) ) TO -WIT: CITY OF ROANOKE ) The affiant, Rebecca Cockram, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2 -2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first -class mail on the 30th day of October, 2013, notices of a public hearing to be held on the 12th day of November, 2013, on the request captioned above to the owner or agent of the parcels as set out below: Tax No and Owner's Name and Address 1032203 H T B PROPERTIES LLC 202 S JEFFERSON ST ROANOKE VA 24011 1040201 City of Roanoke Maher Fields 215 Church Ave., S.W. Roanoke, VA 24011 OC Y( IICS Rebecca Cockram SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 30 y of October 013 /&� CANDACE R. MARTIN Notary Public NOTARY PUBLIC f Commonwealth of Virginia Peg IEI2o7 30 %�01 �My a�mleeion Expires STEPHANIE M. MOON, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone (540) 853 -2541 Fax: (540)853 -1145 E -mail clerk(nlroauokemgov November 19, 2013 Jasminka Traylor and Ahmed Elsayed 902 Penmar Avenue, S. E. Roanoke, Virginia 24013 Dear Ms. Traylor and Mr. Elsayed: JONATHAN E. CRAFT, CMC Deputy City Clerk CECELIA T. WEBB, CIVIC Assistant Deputy City Clerk A public hearing was conducted by the Council of the City of Roanoke on Monday, November 18, 2013, regarding your request to amend conditions proffered as part of a rezoning at 902 Penmar Avenue, S. E., previously accepted by City Council by Ordinance 35952 - 061702 and allowing only certain uses on the property, and limiting signage for commercial uses, pertaining to the portion of Official Tax No. 4130410. On a 0 -6 vote, the request was denied. Sincerely, 4 Stephanie M. Moon, MMC City Clerk Enclosure PC: Corsair Group LLC, 1124 9th Street S. E., Roanoke, Virginia 24013 Spectrum Design, John A. Garland, P. 0. Box 2476, Roanoke, Virginia 24010 Richard A. Dearing, P. 0. Box 8224, Roanoke, Virginia 24014 Lopez Cruz Nayeli, 1127 9th Street, S. E., Roanoke, Virginia 24013 Cadova, Inc., 1129 9th Street, S. E., Roanoke, Virginia 24013 Myrtle D. Cundiff, P. 0. Box 7369, Roanoke, Virginia 24019 Patrick E. Lynch, 263 Island Green Road, Daleville, Virginia 24083 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Jasmika Traylor and Ahmed Elsayed November 19, 2013 Page 2 pc: Ann H. Shawver, Director of Finance Steven J. Talevi, Assistant City Attorney Phil Schirmer, City Engineer Susan Lower, Director of Real Estate Valuation Christopher Chittum, Director, Planning, Building and Development Katherine Gray, Land Use and Urban Design Planner Robert Clement, Neighborhood Services Coordinator Rebecca Cockram, Secretary, City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA AN ORDINANCE to amend §36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, deleting proffered conditions pertaining to a property located at 902 Penmar Avenue, S.E., bearing Official Tax No. 4130410, and dispensing with the second reading by title of this ordinance. WHEREAS, Jasminka Traylor and Ahmed Elsayed have filed an application to the Council of the City of Roanoke, Virginia ( "City Council "), to repeal proffered conditions pertaining to a property located at 902 Penmar Avenue, S.E., Official Tax No. 4130410; 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 Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on November 18, 2013, 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 amendment; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to this 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 deletion of certain proferred conditions pertaining to a property located at 902 Penmar Avenue, S.E., bearing Official Tax No. 4130410, as set forth in the Zoning Application dated October 3, 2013. Ord — repeal conditions -902 Penmar Ave, SEA 1 -I8 -13 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: All of the proffers relating to 902 Penmar Avenue, S.E., Official Tax No. 4130410, accepted by City Council with the adoption of Ordinance No. 35952- 061702 on June 17, 2002, be repealed as requested in the Zoning Application dated October 3, 2013; 2. The property located at 902 Penmar Avenue, S.E., Official Tax No. 4130410, remain CN, Commercial Neighborhood District, without proffers; 3. The Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect such action; and 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk Ord — repeal conditions -902 Penmar Ave. 5 E.1 1 -I8 -13 2 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 18, 2013 Subject: Application by jasminka Traylor and Ahmed Elsayed to amend conditions proffered as part of a rezoning at 902 Penmar Avenue, S.E., bearing Official Tax No. 41 30410, previously accepted by City Council by Ordinance 35952 - 061702. Recommendation The Planning Commission held a public hearing on Tuesday, November 12, 2013. By a vote of 1 -5, the Commission did not recommend approval of the rezoning request, finding although the Original Application is consistent with the land use in the City's Comprehensive Plan, Morn ingside/Ken wood/Rive rdale Neighborhood Plan, and Zoning Ordinance as it will allow an existing building to have all uses of the designated zoning district in keeping with the surrounding commercial neighborhood properties; not enough information has been provided to support the removal of the restriction on the sale of alcohol that currently exists on the portion of the subject property. Moreover, the removal of said condition could potentially have an adverse impact on the surrounding neighborhood based on documented issues with off - premise alcohol sales in the area. Application Information Request: Amendment of Proffered Conditions Owner: Juan Jimenez Applicant: Jasminka Traylor & Ahmed Elsa ed Authorized Agent: N/A City Staff Person: Katharine Gray, Land Use and Urban Design Planner Site Address /Location: 902 Penmar Ave, S.E. Official Tax Nos.: 4130410 Site Area: 0.0324 acres Existing Zoning: CN, Neighborhood Commercial with conditions Proposed Zoning: CN, Neighborhood Commercial Existing Land Use: Vacant Building Proposed Land Use: Retail Sales Establishment, not otherwise listed Neighborhood Plan: Morningside/Kenwood /Riverdale Neighborhood Plan Specified Future Land Use: Village center use Filing Date: Original Application: October 3, 2013 Background Prior to 2002, the existing accessory building on the western portion of the property at 902 Penmar Ave, S.E., had been used for commercial purposes, but had been vacant for more than two years and lost its nonconforming status. In 2002, the portion of the property at 902 Penmar Ave., S.E., that contained the existing accessory building was rezoned from RM -1 , Residential Multi - Family Low Density District, to C -2 (c), General Commercial District with conditions, concluding many months of work to resolve various concerns of the owners, staff and neighborhood. In September of 2003 a new neighborhood plan was adopted by City Council that proposed the zoning designation for the property and surrounding properties to be village center. There was commercial land use that existed in the area at the time of the plan's adoption. In 2005 during the comprehensive rezoning of the City, the entire subject property along with 1 1 other properties at the corner of 9`h Street, Buena Vista Boulevard, and Penmar Avenue were rezoned to from RM -1 and C2 to CN, Commercial- Neighborhood District to reflect the village center designation in the neighborhood plan. The existing proffered conditions were not removed in the comprehensive rezoning as they remain with the property until removed by specific Council action. The conditionally zoned portion of the subject property accounts for approximately 2.6 percent of the CN zoned village center property created by the 2005 comprehensive rezoning. In January of 2013 the applicant and owner met with staff to discuss the possibility of repealing the proffered conditions from the portion of the property in order to more fully use the property as a neighborhood convenience store. In February of 2013 the applicant filed an application to repeal the existing proffers on the property; however, the application was rejected as incomplete. In October of 2013 the applicant filed a complete application to repeal the existing conditions from the western portion of 902 Penmar Ave. S.E. The removal of proffers would allow the full uses allowed in the CN district and remove restrictions related to the expansion of the structure, sale of alcohol, outside telephones, and signage. Conditions Proffered by the Applicant The applicant requests that the following proffered conditions enacted by Ordinance No. 35952-061702 be repealed as they pertain to the subject portion of Official Tax Number 4130410: (a) There will be no expansion to the structure; pol (b) No alcohol will be sold on the premises; (c) No outside telephones will be placed on the property; (d) Uses of the property will be limited to the following: (i) general and professional offices, excluding financial institutions; (ii) general service establishments primarily engaged in the repair or maintenance of goods or items except automobiles, trucks or construction equipment, and including the provision of business and personal services and other similar uses; and (iii) General retail establishments primarily engaged in the retail sale or rental of merchandise, goods, or products except automobiles, trucks, or construction equipment, and including the incidental repair and assembly of merchandise, goods or products to be sold on the premises. (e) Signage for the commercial use shall be limited to ten (10) square feet. The removal of the voluntarily proffered conditions restricting uses of the property from 2002 would result in changes to the uses allowed on the property. It is the applicant's responsibility to demonstrate that the circumstances within the neighborhood present in 2002 that brought about the proffered conditions no longer exist. From a land use perspective only, the proffers limiting the uses of the property to general and professional offices, general service establishments, and general retail establishments is much more restrictive than surrounding properties in this commercial neighborhood area that already allows all of the by right uses of the CN zoning district. From a neighborhood development perspective, the concerns that brought about the creation of the existing proffers that restrict not only use, but expansion, alcohol sales, and outside telephones still exist. Many local residents have expressed particular concern about the effect the sale of alcohol at this property would have on the surrounding neighborhood. Considerations Surrounding Zoning and Land Use: 3 Zoning District Land Use North MX, Mixed Use District Dwelling, Multifamily South CN, Commercial- Neighborhood District Dwelling, two - family and Vacant East CN, Commercial- Neighborhood District Dwelling, two - family and RM -2, Residential Mixed Density District West CN, Commercial- Neighborhood District Retail sales and Dwelling, sin le famil detached 3 Compliance with the Zoning Ordinance: The purpose of the CN District is to encourage a concentration of neighborhood - scaled retail, office, and service uses, in clearly defined, compact areas in close proximity to residential neighborhoods. The regulations of the district are intended to control the scale of nonresidential buildings in a manner that makes them compatible with and appropriate for surrounding residential areas and to encourage a development pattern that consists of ground floor commercial uses with offices and residential uses on the upper floor levels. The district is intended to promote pedestrian- oriented development, with buildings located close to the street, pedestrian - scaled signage, main entrances oriented to the street frontage sidewalk, windows or display cases along building facades which face the street, and significant building coverage of the site. Although parking areas may be provided, they are generally limited in size and are deemphasized by their location on the site. Currently the existing proffered conditions limit the uses of this portion of the property to three uses: general and professional offices, general service establishments, and general retail establishments. Over 65 uses that are allowed in the CN district in today's zoning ordinance are not allowed here, such as: dwelling (multifamily, townhouse, rowhouse), bakery, medical clinic, financial institution, health and fitness center, artist studio, mixed -use building, day -care, vet clinic, laundromat, etc. The bulk of the subject property as well as the CN zoned properties surrounding this property allow all of the uses of the CN district. In addition, the proffered conditions prohibit the expansion of the structure, the sale of alcohol, and outside telephones on the property. The applicant plans to sell packaged alcoholic beverages from the store and the repeal of that particular proffer is required for that to occur. Alcoholic beverages could be sold from the other properties in this village center without the need for a rezoning. Conformity with the Comprehensive Plan and Neighborhood Plan: Both Vision 2001 -2020 and the Morningside/Kenwood /Riverdale Neighborhood Plan emphasize the importance of village centers within neighborhoods. Many of Roanoke's traditional neighborhoods such as this one developed as "villages," with self- contained centers that provided opportunities for people to live, work, shop, play, and interact in a local setting. The removal of the proffered conditions restricting land use would bring the portion of the subject property into compatibility with the surrounding properties. At the same time, when neighborhood plans address quality of life issues. In the Morningside/Kenwood /Riverdale Neighborhood Plan, few concerns are listed. However, the Belmont - Fallon Neighborhood Plan, that covers the area just three blocks to the north of the site, clearly identifies vagrancy, intoxication, and littering as common concerns that affect the long term n viability of their neighborhoods. Area convenience stores that provide easy access to alcohol are part of the overall problem that exists there. Relevant Vision 2001 -2020 policies: • NH P3. Neighborhood Plans. The City will adopt neighborhood plans for all neighborhoods. Neighborhood plans will address land use, zoning, transportation, infrastructure, neighborhood services, and the development of village centers and recognize those neighborhoods with architectural and historic value, among other issues. (excerpt) • ED P6. Commercial Development. Roanoke will encourage commercial development in appropriate areas of Roanoke to serve the needs of citizens and visitors. • ED P8. Village Centers. Village centers will be pursued as an economic development strategy to strengthen neighborhoods and the City's economy. • PS P4. Code Administration. The City will continuously review development and building codes and their administration to ensure appropriate regulations and review processes that encourage quality development and protection of the public's health, welfare, and safety. Design Principles: Village centers Roanoke's traditional neighborhoods typically featured small commercial centers that allowed residents to live, work, and shop in a local setting. Village centers are characterized by a mixture of high density uses, including neighborhood- oriented retail, office, and residential uses. Buildings are typically set close to the street and often adjoin each other; parking is located to the side or rear of principal buildings. Design principles: • Higher- density residential development should be concentrated within and immediately adjacent to village centers; housing density should decrease with distance away from the village center. • Buildings should be set close to the street with ground -floor facades that emphasize pedestrian activity. • Village centers should have broad sidewalks that provide strong pedestrian links into the surrounding neighborhood. Streets and streetscapes should promote pedestrian activity. • Parking should be located on the street or to the rear or side of principal buildings, and on- street parking should be encouraged. 5 Relevant Morningside/Kenwood /Riverdale Neighborhood Plan Policies: Plan Excerpts: • Morningside, Kenwood, and Riverdale have a number of existing village centers that provide convenient access to basic goods and services such as convenience stores, drug stores, auto parts stores, hair salons, and grocery stores. A village center is characterized by a mixture of high- intensity uses, neighborhood- oriented retail, office, and residential uses. It should have sidewalks and pedestrian links to the surrounding area. • Different sizes of village centers have different capacities and purposes as well. A larger village center might have some larger -scale businesses, such as a supermarket, that attract customers from several surrounding neighborhoods, while a small village center generally features smaller community- oriented services, such as a gas station or a Laundromat. • There are eight village centers in the area: Small Village Centers: - Bennington Street between Edgerton Avenue and Riverdale Road - 9th Street at Buena Vista Boulevard - 1 3th Street at Tayloe Avenue - Bullitt- Jamison corridor between 12th and 14th Streets - 9th Street between Woodrow Avenue and the railway Large Village Centers: - Riverland Road /Bennington Street /Route 116 - 9th Street north of Highland Avenue - Parkside Plaza on Dale Avenue Community Design Policies & Actions: ■ Village centers: Neighborhood activity will be focused into eight village centers. Development in these areas should be dense and compact in size. Uses in village centers should generally be neighborhood - oriented commercial with some uses serving the larger community. • Limit surface parking: Through zoning ordinance revisions, limitations to surface parking lots should be developed and on- street parking encouraged. • Implement village center zoning: Change zoning in village centers where needed to encourage a mix of uses and building scales that are appropriate in a neighborhood setting. Zoning codes should promote the development of well- designed commercial structures that encourage pedestrian activity. 6 Relevant Belmont - Fallon Neighborhood Plan Policies: Plan Excerpts: • There are high levels of vagrancy in the neighborhood and downtown areas. Residents cite problems with frequent public intoxication and littering. Streets and alleys are littered with bottles and other trash. The Roanoke Rescue Mission operates a homeless shelter in the neighborhood and plans to expand its services. Problems with vagrancy are concentrated in areas around this facility. Numerous public meetings have been held to address issues and attempt to develop consensus about future plans for the Rescue Mission. Regardless of the development outcome, the City and neighborhood residents must keep the neighborhood clean and safe to make future revitalization possible. Area convenience stores provide easy access to alcoholic beverages. One area convenience store, Stop -In, has discontinued sale of malt liquor in response to community concerns. While access to alcoholic beverages will not be eliminated, this store's initiative should be commended and others should follow this lead. City Department Comments: The Economic Development Department is concerned that removal of the existing proffers would allow business activity that is not compatible with the neighborhood character and does not endorse the amendment of conditions unless there is strong neighborhood support for such change. Public Comments: The City has received several comments from the public, particularly after what was identified as possible drug paraphernalia in a display case in the store. Staff has forwarded these concerns to both the City's Police Department and to the state Department of Alcoholic Beverage Control to determine if any criminal action is occurring at the location or if the activity would impact ABC licensure. See Attachment A Planning Commission Work Session: No comments. Planning Commission Pre - Hearing Discussion: Ms. Katz requested to see the proffers on the screen. 7 Mr. Scholz stated that uses by right within CN districts are a concern within many neighborhoods and should be looked at broadly in correcting. Ms. Gray stated that the proffered conditions on the property were voluntarily put in place in 2002 by the owner at the end of a lengthy rezoning process. It is the applicant's responsibility to show that the removal of the proffers would not harm the neighborhood and this has not been shown. Mr. Scholz stated that the applicant could go across the street to another CN property and not have the existing proffered restrictions. If this is a problem in CN districts, then we need to evaluate what is a by -right use. Ms. Gray stated that there is a distinction between by right uses and proffered conditions that were voluntarily placed on the property. Mr. Scholz stated that he understands that there is more that needs to be addressed. Ms. Gray stated that seven other people have sent communication regarding the amendment of proffered conditions. Six of the seven people are against and one of the seven is for the amendment. The communications have been given to the Commission. Mr. Van Hyning asked if the number of establishments that sell alcohol in the area were known. Ms. Gray stated that the Chief of Police had sent a map documenting off - premise alcohol sale locations and the increase of crime in the area around those locations. Mr. VanHyning questioned if anyone said that alcohol is not readily available in the area. Ms. Gray stated that most comments were about single serve sales of alcohol and what happens thereafter. Ms. Katz stated that if one of the seven people who have lately sent comment against the amendment is the Chief of Police and we are being shown a link between the sale of alcohol, then we have to take this seriously. Mr. Van Hyning questioned the circumstances surrounding the proffered conditions being attached to the property in 2002. Ms. Gray read a portion of the staff report from 2002: M Planning Commission held a public hearing on this request on October 18, 2001. Mr.Ed Natt presented the rezoning request advising that the building had been used for many years as a commercial business but had been vacant for longer than two years and lost its grandfather status. Mr. Natt advised that the property owner had no specific user for the property. Mr. Jacques Scott, City Planner, presented the staff report, recommending denial of the rezoning, and advised that the Southeast Action Forum had voiced concerns with respect to the use of the building and were concerned about parking. After discussion by Commission members, the matter was tabled until the November meeting to allow the petitioner time to identify specific uses and consider further the consequences related to the residential portion of the property, which would become non - conforming if the property were rezoned. Planning Commission public hearing was held on May 16, 2002. Mr. Ed Natt, attorney for the petitioner, presented the rezoning request. Mr. Jacques Scott, City Planner, presented the Planning staff report and recommended approval of the request. There was discussion of various amendments to the proffers and Mr. Natt agreed to file a third amended petition addressing the amount of signage and amendment of the first proffer to allow no expansion of the structure. Mr. Scott also stated that with the proffers the Southeast Action Forum would be in support of the rezoning. Mr. Marietta called for comments from the audience and there was no one present to speak in opposition to or in support of the rezoning request. Mr. Van Hyning questioned that in 2005 during the comprehensive rezoning this property and 1 1 others were rezoned to CN. Ms. Gray stated that is correct, the C -2 and RM -1 properties (shown on map) were rezoned to CN if 2005. Mr. Van Hyning stated that the proffered conditions pass along with the property. Ms. Gray stated that once the proffer conditions are put onto the property, they remain with the property until removed by Council Action. Mr. Van Hyning stated that if no proffers had been attached in 2002, then in 2005 it would be a permitted use. Ms. Gray stated correct. Mr. Van Hyning stated that only because of the proffers in 2002 that we are having this discussion now. Ms. Gray stated that the concerns that brought into place the proffers in 2002 continue today. 9 Mr. Van Hyning stated that otherwise the sale of alcohol would be permitted. Ms. Gray stated that if it had been simply rezoned in 2005 then it would be permitted by right. Planning Commission Public Hearing Discussion: Herbert Moore, 1 141 Penmar, stated they have been nice people, and it is closer for him because of health issues, and it would be easier to walk to, and there are other stores, stuff next to the mission, and he thought he should have store. Mr. Hale stated nice people, and you take kids there, and asked if the sale of alcohol was important. Mr. Moore stated he didn't drink and he doesn't go to the beer cooler, he goes to the candy aisle. Mr. Gary Fitzsimmons stated he owned the other CN building across the street, and lives at 1028 Woodrow, and he is a neighbor, and it appears that the issue at hand is the sale of alcohol, and staff recommended taking the other proffers off the list. He stated he was puzzled, 1,000 feet north, is the Star City Minute Mart, ABC off, and 200 feet past that is CVS, ABC off, and 1000 feet south on 9th Street is the BP station (used to be 9th Street Grocery,) ABC off, all CN zoned. He stated in a self - serving way, he could invite Adam to move across the street and there would be no issue. He stated that failed to see any reason why, with the 7-11 1,500 feet to the south, he was about the Chief of Police not liking alcohol, but having Adam in the middle of five establishments on a corner lot, He didn't think you can't tell him he can't sell alcohol, and 7-11 would be disappointed to hear they can't sell beer. He stated it was no more impact on the community morals at 7-11 that it is at Adam's store, and there is no absence of alcohol with five stores. Laura Padgett, 1040 Morgan Ave., S.E., and she had been active with Southeast Action Forum trying to better community. She stated it isn't just the sale of alcohol, and they have a dramatic problem with single sale alcohol, with people begging for money to buy one beer, and people hassle you in the areas where the convenience stores are. She stated that n the time advocating reduce the single sale of alcohol, they have worked with the Police, and done neighborhood walks, and around these convenience stores there is trash, and in this particular area, this used to be residential there, and there is no parking except on the street, and it is located close to schools. She stated that Chief Perkins has worked with the Forum for quite some time trying to turn neighborhoods around, and she thought that one more place selling alcohol 10 will increase the problems. She stated that the fact they decided to open before he got his approval and expecting to make a profit, he opened before alcohol sales doesn't make a lot of sense. She stated the proffers were put on there for a reason, and they don't want more alcohol sold and have more crime. Ms. Katz asked if single -sale alcohol was the primary concern. Ms. Padgett stated people can find it there, and if we increase the opportunity for more sales, it increases the problem. She stated that after six years of advocating to fight crime, and people on Highland and in that particular spot, that they are tired of crime related to alcohol sales. She stated a grocery is great, and somebody put the proffers there for a reason. She stated they had discussion and mediation because of problems at Bullitt and 4th Street. Mark Powell, 655 Highland Southeast, stated it is a remarkable conversation regarding the health of their community. He stated that the resolutions regarding the health of the community, and he has sympathy for the proprietors, and the doors were open, and rolled the clock back and gotten on the same page. He stated he was on the store to meet with them when he noticed the paraphernalia, and he thought it was a disconnect that was positive, and he saw a negative undercurrent. He stated his zoning objections were parking, and one with the sale of alcohol, and the Va. Code and sale of alcohol alongside the sale of paraphernalia, items used in the drug trade. He saw pipes for marijuana, and they have talked with neighborhood groups, planning staff, and conversation, and he objects to lifting the proffers, and help them move forward and improve the community, and reject the application that over time the map shows hot spots in the area of the city. Douglas Robertson, 1901 Dale, and it is a good idea for the store, but how you can citizen him when other stores sell this. He stated that there is a crime there, he grew up there, but how can you criticize him when you have the others selling the same things. You have veterans who are disabled, and a lady, it would be easier for them to get to the store. We can't control how other people act when they leave the store. He is there to make the neighborhood better and there are several handicapped people in the neighborhood. He stated if his grandfather was alive, he would say the same time. He stated we can't control how other people act, and they aren't doing it at the man's store. He stated some of them drink, but they are taking it home, and not acting stupid. Jeff Meadows, 109.., been in southeast 20 years, and he has seen problems, drugs, and it was going on then. He stated he got tired of it, and they took care of the situation, what they do with it isn't on us, he has a bad back, and he is trying to make it easier and can't control what happens on the outside. Scott Horschler, 1 321 Morningside, historic house in the middle of Buena Vista, and treasurer of SE Action Forum, and resolution to keep proffers in place. He stated that they oppose changing what was put in place by diligence and hard work. He stated lifting the proffers and allowing the sale of alcohol would be a step back. He stated he can find multiple establishments offering the same 11 things, and Penmar is dangerous to allow oncoming cars the right of way. He stated the traffic and parking has degraded since the store has opened. He asked they maintain the proffers, and added that he has heard from his neighbors, and having lived there and invested assets, and called the police repeated about homeless sleeping in the bathrooms in the park, people sleeping in there or the gym equipment for him and his family. Mr. Hale asked him that he wasn't in favor of removing any of the proffers. Mr. Schott.... he didn't know there were more proffers, and a convenience store will create traffic, but the statistics show introduce. Mr. Hale asked Ms. Gray what he was currently selling was a use allowed. Ms. Gray stated correct. 917 11 th St. and she supports the store. She stated the alcohol sales, you have veterans who can't get out, and any city will try to get what they can as far as alcohol, and there are stores that show alcohol to underage, and card the people as they come in and you can't hold someone back who is trying to establish sales, lottery will be put in, and is that wrong, can you say it will cause a gambling problem. She asked is Southeast any different from Salem, you have panhandlers everywhere. She stated that she doesn't drink and doesn't t think it would be a problem, and there is a store next to the mission, and sleeping in the park you can't blame on alcohol. She stated it should be lifted and it won't be a bad problem in southeast. Duane Howard stated he was with Southeast action Forum and had a two page prepared statement because the conversation you have heard from the speakers supporting the store, each one has made points as to why you should be opposed to selling alcohol, and each supports not lifting the proffer. We can't control what people do when they leave the store, and that is the problem all over southeast. He stated over near the Rescue Mission, and that southeast is probably the most transient neighbor because we are home to the Rescue Mission, and the problem is continually coming in to the neighborhood, and if the demand for alcohol, who is feeding off of who. He stated he finds it troubling the proprietor says he doesn't want drug dealers, and why sell a crack pipe, and one of the most destructive drugs, and this came from the store with a fake rose. He stated this is going on near the a store, but because it is legal, doesn't make it right. He stated your conscience must come into play, and he lived in Old Southwest the last 9 years, thanks to the struggles and positive action of the city. We are trying the same thing and ask them to reject the proffers. Planning Commission Public Hearing Discussion: 12 Mr. Ahmed stated the parking spots will be a problem it would be a problem with any business that it is zoned for, and some criteria of neighborhood, most don't have cars. Ms. Jasminka, we do not have an ABC license, or sell alcohol now, or glass pipes, it rezoned we will get rid of things we aren't supposed to sell based on licenses. We don't sell alcohol, so we sell pipes. Ms. Katz stated you sell alcohol or drug paraphernalia. Mr. Shaw stated that they won't issue ABC with drug paraphernalia, and the policy stated you have to have paraphernalia and drugs to prosecute. Mr. Hale stated does it define drug paraphernalia, pipes, etc. Mr. Shaw stated yes to scales. Mr. Scholz stated that looking at the hot spots and combine with alcohol, and CN neighborhood commercial, he stated that they have a bigger issue to invite them to reexamine the by -right issues in CN, and it has as a special exception, and regardless of how this turns out. Ms. Katz stated that you have a circle CN everywhere except one dot, it is a fairness issue, and zoning related, and fairness of zoning in the area. Mr. Hale much has been made of all the other establishments are any closer to the school than this establishment. Mrs. Penn asked about a map. Mr. Hale stated the answer may or not be important, but the proximity to the school was part of the reason for the proffers. Ms. Gray stated there were neighborhood concerns, and they approved with the proffers. Mr. Hale stated due diligence to determine zoning codes. Mr. Gray, yes Mr. Van Hyning stated he talked all the people who spoke. They want to hear their voices and have been a valuable part of the process. He stated that he wasn't going to disagree that there wasn't a connection between alcohol and crime, but this proffered conditions seem arbitrary, and he understands what is trying to be accomplished, and this isn't the way to do it. He stated that paraphernalia isn't a good neighbor and he would vote yes. Ms. Katz agreed with the comments on the paraphernalia not being a good neighbor. Mr. Hale asked to be clear on what they are voting on 13 Mr. Talevi has an application to repeal all the proffers, and grant the application And a vote in favor, aye vote, vote to repeal all of the proffers in favor, nay is against and all the proffers would remain on the property. Mr. Scholz asked is there a second vote, to go with staff's recommendation. Mr. Talevi stated he has asked for an all or nothing. Mr. Hale asked if the commission could mend. Mr. Katz asked for questions. Mr. Hale stated his lack of support and much has been said about convenience of the convenience store, and it can continue to be, and if they do what they say, like a deli and pay bills, and a contribution to the neighborhood. One more place to sell alcohol, and it appears that the applicant says there are plenty of places to buy alcohol, and appreciate coming to America and be successful, and a responsibility to have due diligence and this place had proffers on it, and you could have opened up across the street and he will vote no. Ms. Penn stated that they have a larger focus looking at CN and what is in the designation by right, and what those items are. CQJ C cc Lora Katz, Chair City Planning Commission cc: Chris Morrill, City Manager R. Brian Townsend, Assistant City Manager Chris Chittum, Director of Planning Building & Development Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Jasminka Traylor & Ahmed Elsayed, Applicant Juan Jimenez, Owner 14 Planning Commission Agenda Report - Attachment A• Public Comment 902 Penmar Ave SE Amendment of Proffered Conditions Request Mark Powell markdouglaspowell @hotmail.com The more I think about that store on Penmar, the more I just get a bad feeling, as I alluded to when we (Katherine and 1) spoke the other day. A few questions, though... I'm confused: 1. When I read the application for the Penmar store, it appeared to me that the owners were under the impression that the use (a retail location) was not allowed unless the proffers were lifted. Is this the case? The store appears to be opening this Monday. Is this ok? Or does the store need to wait until the proffers are lifted? Do the proffers only restrict the owners in reference to the sale of alcohol? 2. Parking: I read section 36 of the code tonight regarding parking after getting a head's up from Tammy Wood (thank you Tammy) in a voicemail on Friday. The code says one spot per 250sf ... and then there are some exceptions, etc .... I'm not sure how many square feet are there (the GIS doesn't have a sketch of the store... only the former residential propert adjacent.... and is the calculation parking space needed for retail based solely on the proposed store or for the entire property (proposed store and former residential space). Bottom line, what is their need for off street parking and what inte code is taken into consideration in calculating this? 3. In addition, regarding the house attached to the store: is the use of the house strictly for commercial use in general? Is residential use allowed? I'm primarily concerned about this question but another question that comes to mind is: how is it that this house attached to the store was ever considered for commercial use ... on the face of this, it appears that the house is currently used as multifamily residential... not sure ... who knows? 4. Lastly, what's the code's stance on drug paraphernalia sold in general retail stores ... I walked to the store tonight and there are clearly several cases of drug paraphernilia for sale under the front register and also what appears to be digital scales for sale as well. Maybe this is a question for other departments... I'll check with the police on this as well... I get that there are stores that sell such items ... to those of legal age and that entrance to such stores is limited to those of legal age ... but to my point ... should children from the nearby elementary schools and middle schools be subject to this when stopping in for candy and so forth? Thanks for your consideration of this... please feel free to call me if you have any questions about my concern. 15 Michel S. Robertson 1306 9th Street S.E. Roanoke, VA 24013 I am writing you with my objections to removing the Proffers on this property. I live at 1 306 9th Street S.E. and am against adding another business on 9th Street that sells beer and wine. I feel there are already street parking issues in this neighborhood and I do not feel more should be added by this business. Thank you for considering my concerns. Carrie Crawford 1521 7th Street SE Roanoke, VA 24013 To the members of the Planning Commission and Roanoke City Council, My name is Carrie Crawford and I would like to add my name to the growing list of SE Roanoke residents who are opposed to the new Epic Stop In selling alcohol. There are already at least 5 establishments from Buena Vista Blvd to Bullet Ave that sell alcohol. As a resident of SE Roanoke, I see the problems that this community faces on a daily basis. The last thing we need is another store contributing to the blight in the neighborhood. I ask you to drive past Star Mart on 9th St and Highland Ave on any given day, and take a look at the men passed out against the wall of the building next to it. I am a sales rep, and I service the stores along 9th Street. I see this every single day. It makes me feel sad and most importantly, unsafe when I encounter these people. I have been confronted on more than one occasion by intoxicated individuals asking for money and rides. Epic Stop In is located in close proximity to a school, a public park, and a public library. Would you want your children walking past aggressive, intoxicated panhandlers every day? I wouldn't. I walked past Epic Stop In just yesterday and noticed that they have glass pipes and digital scales prominently displayed in a glass case in the front of the store. Once again, any child walking past the store on their way to school can clearly see this (obvious) drug paraphernalia. Many of us in the Southeast Action Forum and the local neighborhood watch groups work tirelessly to improve our community. This store is going to do nothing but further perpetuate the drug and alcohol problems, and thereby increasing crime in our area. I'm not asking for you to shut the store down altogether. I am simply asking that you NOT approve their request to sell alcohol. It's bad enough that the store is already selling, and displaying in plain sight, glass pipes and digital scales which are popular items in the drug community. 16 Thank you for your time and consideration, Laura Padgett 1040 Morgan Ave SE My name is Laura Padgett and I would like to go on record that I am strongly opposed to having the new store known as Epic Stop In at 1 132 9th St. SE be approved for alcohol sales. Currently from Bullitt to Buena Vista along 9th street alone we have 5 places selling alcohol. This is only a 15 block strip. The reason I feel this would not be good for the SouthEast area is because we are already having a hard time with alcohol related crime, litter and domestic violence. In Southeast, alcohol related arrests are a daily occurrence. Panhandling is observed almost daily for people looking to buy their next drink. Once they have their next drink they are then starting trouble while they are drunk, breaking in to homes, loitering, urinating and defecating in neighbors yards. I know we can not stop stores from selling alcohol all together, however, this area is saturated and our neighborhoods need positive economic growth not negative growth. Another issue is parking. This property has no parking except on- street residential parking. This could possibly cause problems with traffic and parking for residents. Our neighborhood watch groups and organizations have been trying very hard to improve our quality of life and adding one more store that caterers to the problems in our city does not seem to me to be the best solution. Please vote to stop this store from obtaining a alcohol license. Thank you Terry Huxhold President, Waverly Place - Fallon Neighborhood Council terryhuxhold @gmail.com Cell: 540 - 266 -8548 As President of the Waverly Place - Fallon Neighborhood Council, I have major concerns about this Epic Stop -In that has opened at the corner of 9th St. & Penmar Ave. 1. They wish to sell alcohol at this location, which is fine as long as singles are not sold there near Andrew Jackson Middle School. We already have enough drunks passed out near the convenience store diagonally across the street from Jackson. More are not needed around the school. 17 2. They are selling drug paraphernalia in glass cases at the front of the store. This is NOT serving the need of the neighborhood as they stated that they would. Many school children will be walking by and making purchases here. I do not trust him to not sell this stuff to our school children or any alcoholic singles. I think Chief Perkins will agree to this. 3. This location has no parking and area residents are already complaining about the traffic problems it is causing. 4. Increased blight and crime comes with stores like this and offer no value to the neighborhood there. Only problems. 5. He has infringed on the copyrighted name of Stop -In food Stores. This will cause another problem on its own. This type of store does not fit in with the development of a healthy village center and will deter better quality stores from locating in this area. It does not fit the vision of a healthy and vibrant plan for positive development in southeast Roanoke. It will only degrade it. E. Duane Howard RE: 902 Penmar Ave., S.E. I have been working on this issue from day one. As Vice President of the Southeast Action Forum, I am also a member of the Belmont Neighborhood Association and a member of the Starview Heights Neighborhood Watch, under the leadership of Matt Henry and in close contact with Terry Huxhold, President of the Waverly Neighborhood. I have attended all of the above groups and discussions on this situation. I had copies of the Applicants application to the city which I passed out to those interested. I hope you will understand and appreciate that I would not demean any of these people, when I say that many of them are not as versed in writing and speaking as I am but certainly want their viewpoints known and to count. I've listened at every meeting and have ongoing discussions with neighborhood residents on a daily basis. Some who are willing to be in touch with you are quite computer challenged and I've taken the time to go to their homes to help the best I can .... So even if there has not been, since there has not been time, for an official vote, I know I speak for the majority of the residents of S.E. and even many outside of S.E. who support us. I trust, and we hope you will give great consideration and thought to our concerns. I had most of the following statement written as of Friday, then we learned of a shocking revelation late Saturday night which I'll address toward the end. That revelation was the fact the store has in its front cases at the register a display of drug paraphnalia. Just because 9 properties in the immediate vicinity are zoned CN should not be grounds to grant this convenience store the opportunity to sell alcohol. K We understand the original idea, concept and purpose is to promote a village center. Southeast and its people would love to have and welcome a true village center. Southeast is open for business, the right kind and type of business that would serve and benefit the neighborhood. A small cubical who's sole profit comes from alcohol, cigarettes, drug paraphnalia and junk food and the only other customer service establishment is a Tattoo Shop, this is not the path Southeast would choose to achieve that goal of a Village Center. This opinion, which I believe would be indicative the way most people would feel, if they see a future for Southeast and would hope the city would see and support us and help us by not removing the proffer. Southeast has been plaged for decades with the negative fallout of alcohol in our neighborhoods. You know this through our constant struggles in constantly having to oppose the expansion of the Rescue Mission. Isn't the greatest numbers of the people they serve, help and support more often than not the result of alcohol and drug addiction? They attract the homeless from all over the east coast who come here for their services.... Allowing ANOTHER store to sell alcohol, cigarettes and drug paraphnalia makes about as much sense as it would if the Rescue Mission wanted to open a convenience store on their properties they own in the area. Who's feeding who with these addictions and trouble? These locations have become a constant source of our emergency medical and police calls, a burden that does not need to be extended. Southeast has an astounding, " FIFTEEN " convenience stores and three bars, excluding Garden City. If 15 convenience stores are making a profit from selling alcohol and cigarettes are they supported by the huge homeless population that continues to grow in S.E. ? ..... Is this the way to deal with such a problem? Something is seriously fundamentally wrong with this picture. There are two establishments two block North of Penmar that sell alcohol and cigarettes and two establishments two block South of Penmar that sell alcohol, plus one bar. There simply is no issue here of "convenience" unless you feel their should be one on every corner. If this business were to sell alcohol and eventually found there was no profit.... it would prove their was no need to begin with and it was over kill. If they sell alcohol and eventually find that there is a profit, that would enhance and prove the point there is even a greater problem in Southeast than we thought we had to begin with. Only so many residents within such a limited number of blocks consume alcohol on a reasonable, responsible bases. Most of them, I would contend, buy it at the grocery store or ABC store as I do. If six establishments selling alcohol in such a concentrated number of blocks, with such close proximity the Rescue Mission are making a profit, I would guess we have a far greater problem going on than any of us realize. 19 One has to wonder if having fifteen establishments in one neighborhood, is in fact benefiting off the ever increasing demand and growth of the Rescue Mission, and as we have recently discovered the Rescue Mission is once again proposing to expand and even looking at building another building on property they own. They want to move their kitchen across the street to where the present Thrift Store building is to have a larger kitchen and dining room. The more they serve, the more they'll come and the problems just keeps growing. Expansion of alcohol benefits absolutely no one if there is a profit other than the business that is selling it and this applicant lives in Salem. To make matters worse, this applicant owns 68 properties in the City of Roanoke and has a horrendous record of code violations and reputation that would not warrant him being behind the sale of alcohol. The good people of S.E. are growing tired and weary in fighting battle after battle in their attempt to improve and change the image of S.E. It is often three steps forward and two steps backwards. We have already had meetings of the Belmont Neighborhood Association, The Southeast Action Forum, the Starview Heights Neighborhood Watch and there has been unanimous support in opposing alcohol sales. We are now just getting the word out about the drug paraphnalia. What hope is there if city staff does not understand and grasp the issues and concerns that we struggle with on a day to day basis in striving to improve our neighborhood, block by block and street by street? Observations and opinion on the Applicants request to remove proffer to allow for sale of alcohol at 902, Penmar Ave., S.E., filed by: jasminka Traylor and Ahmed Yehia Elsayed. I cannot read this application with coming to the conclusion of the absolute hypocrisy of its false misleading statements which clearly show that the applicants simply have no real intelligent understanding of the culture of people, issues and problems in S.E. This is clearly indicated from these excerpts from their "Narrative" 9/23/13, page (3) of the application: "Here is another factor that makes us think that it would be a perfect spot for running a convenience store: we noticed that the area is kind of a valley and there are quite a few elder people that's needs a convenience store near to them. We are not planning to do any kid of change to the exterior of the property. Beside there are few advantages of opening a convenience store at that place; such as sharing the community event and offering help to the school nearby if a help needed like supplying water and beverages, school stuff or 20 even sponsoring some events. On the other hand saving up job opportunities by hiring people for housekeeping, stocking or cashier positions. The object of this narrative is to explain how important to us to open a convenience store at that location and how positively would affect the neighborhood." There are no more elderly in this area than any other particular area of S.E .... And the elderly, above any of the residents DO NOT SHOP at convenience stores. Not only can they not afford to, if they don't walk or drive, 99% have someone to do their shopping for them. There might be one or two that would benefit from not having to walk two blocks further, but this is not a need and since the store is open were down to the alcohol issue alone. To say there are a few advantages of a convenience store at this place and bring in the near by school as a factor, and they are now selling drug paraphernalia shows they have no conscience of their potential negative impact being near a school. And then to imply they are bringing jobs to the neighborhood ...... not even a Dollar General would have this much help. And their last statement above all simply boils down to an insult on any of our intelligence .... There, by any stretch of the imagination, would have a positive affect on anything, other than their own personal wallet. Page 9 of the application is the cities plan and goals for Morn ingside /Kenwood /Riverdale Neighborhoods which states: Morningside and Kendwood are designated as Rehabilitation Districts. This designation means that the city recognizes that an area is at risk of deteriorating and makes properties, and the area in general, subject to anti - blight programs. A convenience store, near parks, school and churches, selling alcohol and drug paraphernalia would certainly contribute towards more blight and deterioration. Alvin Davis 345 3695 I am strongly opposed to granting this store a license to sell alcohol. The two drugs that kill more people than all the illegal drugs are tobacco and alcohol. Jackson middle school is less than a block away not to mention two churches. The owner of the store has already used the out side wall facing the school to advertise cigarettes. How in the world can you'll let this happen? Maybe the tax revenue means more than the health of our children. 21 Jay McCanless 0aymccanless @gmaii.com I want to weigh in with my concerns of this store operating in the location at 9th and Penmar S.E. They have no parking unless they block part of the road or the alley next to it. This is a safety problem for children who walk to elementary and middle school. That alone should be enough to deny Alcohol licensure. Their main features appear to be scales and items used for drug usage. Two schools and a park are so close you can say with certainty drunks will be invading these areas moreso than they do in other areas of the city. Will the city be posting extra police because of this? I am a parent and along with many others in the neighborhood, we do NOT want the element this store is sure to draw here. Thank you for reading and taking this into account. Deb Cobb SE City resident and home owner I understand that the new convenience store at 9th Street and Penmar is asking the city to remove previous restrictions on that location so they can sell alcohol. This would be the "5th" location along 9th Street that sells alcohol, not counting one bar. This is over saturation to say the least. What neighborhood needs alcohol sales every two blocks? From what I have estimated, excluding Garden City, Southeast has 15 establishments that sell alcohol and three bars. All this in our neighborhood that houses one of the largest homeless shelters in the State and all the street people they attract with alcohol and drug problems. I am a resident of SE Roanoke and I live just a few houses off 9th street and not very far from Penmar. People come up my street all the time dumping their trash on the sidewalk and leaving empty alcohol bottles on my wall. Then I have to clean it up because I own the home. I do not support another location in SE selling alcohol and adding another reason for the police to be chasing people up and down 9th street. Maybe you think this new location to sell alcohol will boost the economy of SE Roanoke. But if it ups the crime level and causes the city police to have to work more hours is is defeating the purpose. Please rethink your decision to allow alcohol sales at this new location in SE. Thank you. 22 Page 1 of 2 Resolution passed by Southeast Action Forum regarding 902 Penmar e mark powell to: mark powell 11/08/2013 05:47 PM Cc: "mkfutrell @yahoo.com ", "kithale @mkbrealtors.com ", "LJKAIA @cox.net ", ,.angela. pen n @tapintohope.org ", "StarCityVA @aol.com ", "chad.vanhyning @ aecom.com", "jesmith @virginiawestern.edu ", " rebecca.cockram@roanokeva.gov", chris chittum, "katharine.gray @ roanokeva.gov", chris morrill, chris perkins, David Bowers Home, David Trinkle, court rosen, ray ferris, bill bestpitch, anita price, sherman lea, amy collier, Duane Howard, julie buchikos new, Scott Horchler, spence robertson, mark peterson, cindy pasternak, terry huxhold, Ron Mccorkle, rita dease, matthew henry, darlene doucette, kirk ballin, Bob Clement Work, Laura Padgett, jeff hunt, Melissa Moses Hide Details From: mark powell < markdouglaspowell @hotmail.com> Sort List... To: mark powell < markdouglaspowell @ hotmail.com>, Cc: "mkfutrell @yahoo.com" < mkfutrell @yahoo.com>, "kithale @mkbrealtors.com" < kithale @mkbrealtors.com >, "UKAIA @cox.net" <Ijkaia @cox.net>, "angela. pen n @tapintohope.org" <angela. pen n @tapintohope.org >, "StarCityVA @aol.com" <starcityva @aol.com>, "chad.vanhyning @aecom.com" <chad.vanhyning @ aecom.com>, "jesmith @virginiawestern.edu" < jesmith @virginiawestern.edu >, "rebecca.cockram @ roanokeva.gov" < rebecca.cockram@roanokeva.gov>, chris chittum <chris.chittum @roanokeva.gov >, "katharine.gray @roanokeva.gov" <katharine.gray @ roanokeva.gov>, chris morrill <chris.morrill @roanokeva.gov >, chris perkins <chris.perkins @roanokeva.gov >, David Bowers Home <david.bowers @roanokeva.gov >, David Trinkle <david.trinkle @roanokeva.gov >, court rosen <court.rosen @roanokeva.gov>, ray ferric <ray.ferris @roanokeva.gov >, bill bestpitch <bill.bestpitch @roanokeva.gov>, anita price <anita.price @roanokeva.gov >, sherman lea <sherm an. lea @roanokeva.gov>, amy collier <acollier1969 @gmail.com >, Duane Howard <starcityflyer @aol.com >, julie buchikos new <onetallmusicgirl @ yahoo.com>, Scott Horchler <cococ7l @aol.com >, spence robertson <spendoc789 @gmail.com>, mark peterson <metro615 @hotmail.com >, cindy pasternak <Itgfarm @aol.com >, terry huxhold <tehuxhold @cox.net>, Ron Mccorkle <ron @urbiculture.org >, rita dease <rhdease @gmail.com >, matthew henry <2boyzfromlvl @cox. net>, darlene doucette <darlamom2 @cox.net >, kirk ballin <lifeissueskb @aol.com>, Bob Clement Work <bob.clement @roanokeva.gov>, Laura Padgett <padgettpharm @hotmail.com>, jeff hunt <bjeffhunt @cox.net>, Melissa Moses <melimose7 @hotmail.com> For your consideration: Here's the resolution unanimously passed by the Southeast Action Forum at it's regular monthly meeting last night (11/7/2013): file://C:\Users\PLKGI\AppData\Local\Temv\notesE]EF34\—webI 142.htm 11/1 ?I?nl 11 Page 2 of 2 'The Southeast Action Forum believes that the addition of another establishment that sells alcohol, tobacco, tobacco related products, lottery tickets and food that contributes to obesity and malnutrition would diminish the quality of life in the neighborhood. In addition, increased traffic, litter, and potential criminal activity would also hinder the quality of life in the neighborhood. Therefore the Southeast Action Forum strongly recommends that the planning commission and city council honor the proffers currently in place on the property at 902 Penmar Avenue ". The minutes will reflect that this motion was passed unanimously after being offered by member Joy Sylvester- Johnson and being properly seconded. Sincerely, Mark Powell President, Southeast Action Forum file: //C: \Users \PLKGl \AppData \Local \Temp\notesE 1 EF34 \—web8284.htm 11/12/2013 +, Resolution passed by Belmont Neighborhood Association regarding 902 Penmar Amy Morgan to: planning 11/11/2013 09:00 PM Cc: mark powell, Duane Howard, stephanie.moon This resolution passed unanimously by Belmont Neighborhood Association at our meeting on 11/11/13. Belmont Neighborhood Association believes that there isn't a need for an additional establishment to sell alcohol but will in fact contribute to the decline in the quality of life for neighbors through litter, traffic, vagrancy and potential criminal activity. Belmont Neighborhood Association minutes will reflect this resolution. Amy Morgan President of Belmont Neighborhood Association a_ 902 Penmar Amy Morgan to: planning @roanokeva.gov, stephanie.moon 11/11/2013 09:20 PM Cc: mark powell, Duane Howard As president of Belmont Neighborhood Association, I know first hand the amount of litter selling alcohol contributes to a neighborhood. Our community service program picks up trash once a month. Most of our litter is from single sales of alcohol. Vagrants hang out in vacant lots and abandoned homes to drink purchases from convenience stores within: the neighborhood. Small camps are established near these stores and criminal activity soon follows. There are already several establishments on 9 th st that are filling this need. One more establishment is enabling a problem rather than serving a need and diminishing the quality of life for the surrounding neighborhood. Amy Morgan Belmont neighbor Page 1 of 1 9th St Covenience store alcohol permit Frances Underwood 's to: planning 11/11/2013 11:46 PM Cc: Stephanie.moon Hide Details From: Frances Underwood <ifrannyu @aol.com> To: planning @roanokeva.gov, Cc: Stephanie.moon @roanokeva.gov Hello. I would like to weigh in on the alcohol sales at the new store on 9Th St. My 13 year old daughter attends Stonewall Jackson Middle School which is just a block from this store. I do not nor will I shop a store that sells equipment that abusers to consume illegal drugs. As a matter of fact, I make it a point to tell shop owners that that is why I shop at their stores. The positioning of this store is too close to the school to be selling alcohol and "tobacco" equipment. We already have stores at both ends of the street that sell similar products. I do not feel this is an appropriate place for this business. Our children are already exposed to this type of thing entirely to much. Please help to limit this business from selling these things so close to the school. I don't think bars are allowed to be this close. are they? Thank you for your time and consideration. Frances Underwood ifrannvuoaol.com Stonewall Jackson parent Secretary of the Belmont Neighborhood Association Citizen of Roanoke City Tax payer file://C: \Users \PLRC 1 \AppData \Local \Temp \notesFFF692 \— web2904.htm 11/12/2013 Fw:902 Penmar Rebecca Cockram Katharine Gray, Chris Chittum, Ian Shaw 11112/2013 12:08 PM Rebecca "Becky" Cockram, Planning Coordinator Secretary- Planning Commission/ Board of Zoning Appeals Planning, Building and Development Noel C. Taylor Municipal Building, Room 166 215 Church Avenue, S. W. Roanoke, VA 24011 (540)853- 1330,(540)853 -1230 fax - - - -- Forwarded by Rebecca Cockram /Employees /City_ of Roanoke on 11/12/2013 12:08 PM - - - -- From: J Baldwin <ballyhak @cox.net> To: <chris.chittum @roanokeva.gov >, <rebecca.cockram @roanokeva.gov >, <jesmith @virginiawestern.edu >, <chad.vanhyning @aecom.com >, <StarCityVA @aol.com >, <angela.penn @tapintohope.org >, <LJKAIA @cox.net >, <kithale @mkbrealtors.com >, <m kfutre I I @yahoo. com >, Date: 11/12/2013 12:05 PM Subject: 902 Penmar To members of the Roanoke City Planning Commission: I am Jim Baldwin. I live at 1109 Penmar Ave. SE, Roanoke, VA 24013. I am writing in support of the Epic Stop In at 902 Penmar Ave. SE, Roanoke, VA 24013. I support removing the proffer limiting alcohol sales at this location. There is a very small group of SE residents (Southeast Action Forum) who oppose this store based on the possibility of alcohol sales. They represent less than 1% of the SE population, yet are the most vocal. This group has a history of negative attitudes that are very self- serving. They let personal prejudices and biases determine what they believe should be or shouldn't be allowed in SE, regardless of the facts of businesses meeting all legal criteria to operate. They would have restrictions on all alcohol, tobacco, and food sales to meet their conditions, not the city's. This is admittedly on their part, even a matter of ethnicity, claiming that both the owner of 902 Penmar and the businessman renting the property or of middle eastern decent and would not fit into or understand the cultural of SE. This is coming from some of the most vocal opponents who have themselves only been living in SE for one year. My family has lived in the Penmar area of SE even before it was a residential area. The store property in question was never a garage, it was originally constructed as a bar, a 'beer joint' of which many locals frequented. However, the real issue is not about perceived moralities, it's about every new businessperson having the opportunity of a level playing field and a fair marketplace, regardless of ethnicity, legal sales of any product, or location in an already established business area where other similar businesses already exist. I hope you will take all this into consideration. Sincerely, Uri r�rmm The Southeast Action Forum Facebook group page — scroll down to read the threads discussing this issue. Please read. https: / /www.facebook .com /groups/165132896731/ < 11/13/14 FR: Mark Petersen 1709 Jerome ST SE Roanoke 540 397 -8379 TO: Roanoke City Planning Commission Members: RE: Application to withdraw proffers at "Epic Convenience Store ", Southeast Roanoke Dear Planning Commissioners: In 2002 1 was the Southeast Action Forum's President. I resided at 1210 Penmar, SE. Since then, I have relocated to the Riverdale subdivision. When the tiny storefront at the corner of 9`" ST and Penmar was rezoned 10 years ago, the Soutt..ist Action forum was on record opposed to the rezoning. In the end, residents settled with a compromise that no alcohol sales would be proffered into the rezoning to allow a more appropriate use of the building. As I recall, even planning staff agreed and stated that it would be a good location for a hair salon or barbershop. Please understand that Southeast is struggling to maintain its quality of life. We have made great strides over the past few years with improvements to the Jackson Park area. But we are still combatting blight. A even greater number of establishments selling single service alcohol is a detriment to the success of Southeast Roanoke's past achievement and potential for future growth and vibrancy as a sustainable, safe and attractive place to live. I strongly OPPOSE lifting the proffer to allow beer and wine sales at this location. Sincerely, Mark Eger Petersen Mark NAersen fi le: / /localhost /groups/ 165132896731 > E Duane Howard < file: / /localhost /eduane.howard> " FACT " Southeast has 15 establishments that now sell alcohol, three additional establishments are Taverns. This would be unheard of in any of the better neighborhoods of Roanoke, and the city wants to force more on us. Let the Planning Commission know you believe this is a bad idea by writing them at " Planning @roanokeva.gov ", It's that easy.............More to come My reply included the following facts: 1 Block - South Roanoke 220 yd - 5 establishments with alcohol sales (6 if extended to 1/2 mile) 48 locations per mile (12 if extended to 7/2 mile) 4 of these locations are next door to each other. 3 Taverns 2 (3 if extended to 1/2 mile) Off Premise Stores They are: Fork in the Alley 7 -11 River and Rail Tinnell's Foods Famous Anthony's 6 Blocks (1/2 mile) to: Roanoke Railhouse Brewery 4 Blocks - Raleigh Court /Virginia Heights 440 yd (1/4 mile) - 13 establishments with alcohol sales 52 locations per mile 6 of these are next door to one another 9 Taverns 4 Off Premise Stores Village Grill Jimmy Sardines Stop -In Mick -or -Mack 1906 Ale House Spikes Community Inn Local Roots Natural Food Co -op Grace's Place Pizzaria Surf and Turf Rockfish 7 -11 14 Blocks - 9th Street 1 mile - 8 establishments with alcohol sales 8 locations per mile 2 Taverns 6 Off Premise Stores 2 are next door to each other - happens twice 7 -11 Horseshoe Southeast Grocery - BP New Store - Epic Stop In Star Valley Minute Mart CVS Super D AmVets C/ CT 2150 C 2. I Ic t le 5 if C c 20 2 Lo 2 7t l:1 t 1"5 it t klif All it I t rr ji, j �jz N :'i -ri :N1 ltllpil(j)l ui dilrohol ifNorlrrd� "".l V, C1, 11L CUIA d flu WAlicit /ouny io(-1, to Ott Grnli&s, al 997; Sii iith, Fra�(_(ii, ill, Davison, 2000). lL ! NIL k" [A loor! s 51.0 I z (Y) !JL)r) fl; t ":'iI, i i I Owaph;( iir, ji nhUll 41!( 11, it N- iflPOZ 1Api c1(N,t in ill( it tj,, Ci ()v-r the iuljs. All of IN C,),-'' r 11 lil.ol a ill, P. in kc 13, 1 _ p Dc p i (i n it AHiNnn [[vkcic, c c C. T' '<c aril ll, S< Fr P�- t V I I'- IC [P I L "-� I � rt' = t"I Ji:; - I '/, /-(! I , I a1 1 . I -],,i , Van P, iten , I4r ac T , iennilt r irVcKelrinr Corwr -j,, f E( U zia Co r( /,n,-Iysis of Rchbery in a Stnajl City." 200; . 6 -a N [l11 U (1) J) O 0 C� 0 �yy 0pp cr- � C � E o i V Q 4 w v E o U c IK "`zaei� b � J�Z � l w ovEi C < E = ( ENa I9 •2 .5' I.1 O��v ONF NJ z 1� I ON Nd go Gd I ��2o A� J•.. �tt�mcn f O =y w0' tip' ®' a t y 74. ,�15 �a��b'mi M`�O�'g�l�b .� ® a� '� !I( hs�� ZOi •r F � . J 20 s % 5t) N Lq O a� D7 � C �� t Department of Planning, Building and Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Phone: (540) 853 -1730 Fax: (5400)x8}53 -1230 Date: 0. , 0 , ,Qo q R���?(�1�il�,ct�all tNatGabol�L ❑ Rezoning, Not Otherwise Listed ❑ Rezoning, Conditional CUYOF ROANOKE ROA N O K E PLANNING BUILDING AND DEVELOPMENT Submittal Number: a ❑ Rezoning to Planned Unit Development ❑ Establishment of Comprehensive Sign Overlay District PYO y'41t11fd T"' dkt1*ne', Address Official Tax No(s).: Existing Base Zoning: (If multiple zones, please manually enter all districts.) Ordinance No(s). for Existing Conditions (If applicable): Requested Zoning: C Jq Click Here to Print tf Amendment of Proffered Conditions ❑ Amendment of Planned Unit Development Plan ❑ Amendment of Comprehensive Sign Overlay District With Conditions ❑ Without Conditions 5 06 H- Proposed Land Use: ( CS Name: C Phone Number: 5 #® -` 5p g Address: I I 1 5 1 - S W T Address: AN—VS cO U. LE- 94563 E -Mail: App s.Sig ature: Name: I Phone Number: Address: I I E -Mail: Authorized Agent's Signature: The following must be submitted for all applications: Completed application form and checklist. Ff Written narrative explaining the reason for the request. Pr Metes and bounds description, if applicable. f Filing fee. ROANOKE For a reibr(ng`rios'drthlerwise listed,.thf�lld`igQhiUst also li��eubmittedi (- Concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures. Fora cohdjtibnal teoriing; th2followlnt�aise`be submitted: F- Written proffers. Seethe 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. F- Development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance. For a cd60,r 3hehsivA sign overlay di$ rii t, tfia frillow hg must' pe 'submitted: (- Comprehensive signage plan meeting the requirements of Section 36.2- 336(d)(2) of the City's Zoning Ordinance. F`bram��e`rit;� #�i�bffttli�o��' . M���. e! ��o�� +lt+�li.�k�gl��:b�sutit�itted 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. Itxdl aro 00 WW i- Amended development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance. F- Copy of previously adopted Ordinance. For a c66 h6sive'sigh overlay, A&6h r "aht, the following must also be submitted: r- Amended comprehensive signage plan meeting the requirements of Section 36.2- 336(d) of the City's Zoning Ordinance. r Copy of previously adopted Ordinance. . -. 00040 k� (- A Traffic Impact Study in compliance with Appendix B -2(e) of the City's Zoning Ordinance. i- Cover sheet. F- Traffic impact analysis. r- Concept plan. F- conditions, if applicable. F- Required fee. 'An electronic copy of this application and checklist can be found at www.roanokeva.gov /pbd by selecting 'Planning Commission' under 'Boards and Commissions'. A complete packet must be submitted each time an application is amended, unless otherwise specified by staff. To/ Department of Planning and Development Roanoke City Narrative 09/23/2013 We Jasminka Traylor and Ahmed Elsayed leased the building - located at 902 Penmar Ave, SE. Roanoke, VA.- by the owner Juan Jimenez in order to open a convenience store, but unfortunately the current zoning doesn't allow us to; since the property has few proffers that needs to be removed and they are listed in a separate page. I Ahmed Y. Elsayed have been working in convenience stores since 2009 and regarding to my experience running convenience store businesses; i do believe that location is a perfect spot to be a convenience store business. I have had a survey by asking the neighbor's opinions and the feedback was very encouraging to me, the neighbors seemed to be happy about having a neighborhood store that is so close to home and they don't have then to walk or drive. Here is another factor that makes us think that it would be a perfect spot for running a convenience store; we noticed that the area is kind of a valley and there are quite few elder people that needs a convenience store near to them. We are not planning to do any kind of change to the exterior of the property. Beside there are few advantages of opening a convenience store at that place; such as sharing the community event and offering help to the school nearby if a help needed like supplying water and beverages, school stuff or even sponsoring some events. On the other hand saving up job opportunities by hiring people for housekeeping, stocking or cashier positions. The object of this narrative is to explain how important to us to open a convenience store at that location and how positively would affect the neighborhood. So, kindly I need your greatly appreciated approval to remove the proffers - listed in the attached page- on the building. Best Regards, Jasminka Traylor Ahmed Yehia Elsayed Proffers to be Repealed The applicants hereby requests that the following proffered conditions enacted by the ordinance No.35952- 061702 be repealed as they pertain to the subject portion of official TAX Map No. a) There will be no Expansion to the structure; b) No Alcohol$will be sold on the premises; c) No outside telephones will be placed on the property; d) Uses of the property will be limited to the following: i) General and professional offices, excluding financial institutions; ii) General service establishments primarily engaged in the repair or maintenance of goods or items except automobiles, trucks or construction equipment, and including the provision of business and personal services and other similar uses; and iii) General retail establishments primarily engaged in the retail sale or rental of merchandise, goods, or products except, automobiles, trucks or construction equipments, and including the incidental repair and assembly of merchandise, goods or products to be sold on the premises. e) Signage for the commercial use shall be limited to (10) square feet. Wherefore, the petitioners request that the above - described tract be rezoned as requested in accordance with the provisions of zoning ordinance of City of Roanoke. w 0 C Cd P. V� N 0 ¢1 Rf c R V d V d £ C L d 7 Y V e a R d e R e L V I LE(,-,,D U F!YHE PREI6ES SHOWN HEREON HAS EBEEN PERFORMED UNDER MY SUPERVISION; THAT A IMPROVEMENTS AND VISIBLE EVIDENCE OF EASEMENTS ARE SHOWN HEREON, AND THAT THERE ARE N O ENCROACHMENTS BY IMPROVEMENTS EITHER FROM M,)OfNINO PREMISES OR FROM 1 /� LI L v ALLEY OTHER SHOWN HEREON. THIS SURJEY WAS PERFORMED WITHOUT THE BENEFIT OF A TIRE REPORT AND IS SUBJECT TO INFORMATION WHICH MAY S59'05 00"IF 24.84' — IPF @ 40.0 BE DISCLOSED BY SUCH. PROPERW IS IN F.E.MA — DEFINED ZONE % UNSHADED. ) NOT TO SCALE — X - LINE BEARING DISTANCE FENCE Li N15 °30'00 "W 10.60' (ACTUAL) E (10.92' DEED) I ® a I o ^ry GRAVEL DRIVE jr v s� N \C-�Olxzlou' PART OF 9 PART OF LT 6' LOT 7 0.164 ACRE o C F-ev 96, 14.1' 14.5 O N 2 STORY N BRICK & N FRAME h 0 24.9' 5.6' m 0 H o� �m 6, WIRES TVA IPF © 40.0' X60• �� 6�� --® R� —N59 °05'00 "W 60.79 NOT TO SCALE (50" R /W) NOTES: 1. OWNERS OF RECORD: WILLIAM S. EMORY, NANCY C. EMORY, R. JACK RICHARDS, SR. & DOROTHY T. RICHARDS 2. LEGAL REFERENCE DEED BOOK 1498, PAGE 1853 .3. TAX MAP NUMBER: 4130410 P,,99H��Y,�S�9ICAL IIM�PpR� ®OVEMENT SURVEY FOR SALLY G 0 HRYAN 0P T" Op- 902 PENMAR AVENUE, S.E. iNO 'P PA RT OF l LOT 7 o HN R. MCADEN n I REVfSED MAP OF . 002002 PF R AR STREET AND AS50 DEED BOOK 405, PAGE 329 Q_ CITY OF ROANOKE, VIRGINIA C,9 � SURVEYED 08 -28 -98 °m�D H�Re JOB #R9820968 RE.LE�„NO ,oMO,,,,ow PLANNERS ARCHITECTS ENGINEERS SURVEYORS - FIANIERS .RR[WTECTS Balzer & Associates, Inc. 1208 Corporate Circle Roanoke Va. 24018 =ENGINEERS >SORVcl @S I -s'.. .� sf I'f�rf tY(ff 'I,,.r a.. t,iyF �. "��T PC Over 20% of the land is vacant. Vacant parcels are dispersed in residential, h r commercial, and industrial areas. Many parcels have steep topography, which limits their development potential. In several cases, vacant land provides a. valuable buffer and green space for residential areas. Generally, future land use should be guided by existing land uses. Vision 2001 -2020 recommends that neighborhoods function as villages, where there is an opportunity to live, work, play, shop, and interact in a neighborhood setting. CL 9 ,,.; Jackson Park is a primary focus for the community. Jackson Park is a 23 -acre green space that features Buena Vista Recreation Center -a historic landmark known for its Greek Revival style architecture. The Jackson Park Library and the JacksonMiddle School are resources where residents gather for community events, learning, and recreation. Whether watching a youth softball game at Jackson Park, gathering for a book club at the library branch, or using a treadmill at the Jackson Park Fitness Center, this area is a common destination for the community. Jackson Park: the lighted multipurpose athletic field is used for baseball /softball and soccer /football. Jackson Park Library Branch: as part of the Roanoke Public Library system, the branch provides convenient access to books and other media materials. It is also a community gathering place. u I 40 nO iii Is No1')NINN,40 Q22 The Morningside, Kenwood, and Riverdale areas have been well established since the early 1900s. The average age of a home in the area is over 40 years, with more than 25 % of the current housing stock being constructed during the 1920s. Compared with the city as a whole, the area has a much greater percent- age of homes built prior to 1940. Architectural styles range from larger, two -story Queen Anne and American Foursquare homes, to smaller examples of Colonial Revival, Bungalow, and Ranch style homes. Most of the new residential develop- ment is small Ranch style houses in the Riverdale neighborhood. Momingside and Kenwood are designated as Rehabilitation Districts. This designation means that the city recognizes that an area is at risk of deteriorat- ing and makes properties, and the area in general, subject to anti - blight programs and eligible for rehabilitation incentives. One program, the Rental Inspection Program, requires that residential rental properties in these neighborhoods be inspected every two years before they can be rented. Overall, the population decreased by three percent between the Census 1990 and Census 2000. The area has a slightly older population in comparison to the city. The greatest percentage of difference is in the 40 to 64 age group. Since the number of housing units increased, the population loss can be attributed to fewer people per household. The shift toward smaller households is a citywide (and national) trend. 9VSTR Ji :Arco ( kl %.idi: An example of housing architecture on 0 -17 Years Old 26% 25% TayloeAvenue 1 °0 -39 Years Old 32% 37% 40 -64 Years Old 28% 22% 65 Years and Over 14% 16% ',arm' . I '.�'_ ('' J'Off 0 z � © CIO, �� o «w $ . , �3 ,.� /. � \ x x\ \ \ \ �., » \ x � Downtown m m ` \1 - \ ym . m IN THE COUNCIL OF THE CITY OF RO/ The 17th day of June, 2002. No. 35952061702. AN ORDINANCE to amend §36.1 -3, Code of amended, and Sheet No. 413, Sectional 1976 Zone Map, City of Roanoke, to rezone certain Property within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading of this ordinance by title. WHEREAS, Sally G. and Matthew T. O'Bryan have made application to the Council Of the City of Roanoke to have the hereinafter described property rezoned from RM -1; Residential Multi - Family, Low Density District, to C -2, General Commercial District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1 -693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on June 17, 2002, after due and timely notice thereof as required by §36.1 -693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and THIRD AMENDED PETITION TO REZONE IN THE COUNCIL OF T CITY OF ROANOKE, VIRGINIA Rezoning of a parcel of land containing 0,0324 acre, more or less, designated as a portion of 'Fax Map No, 4130410, and further described as 902 Peumar Avenue, SE (West Part of Lot 7, Penmar Flap), from RM-1, Residential Multi- F'arnily Low Density District to C -2, General Commercial District, subject to certain proffered conditions, TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOI{E: The Petitioners, Matthew T. O'Bryan and Sally G. O'Bryan, are the owners of a parcel of land in the City of Roanoke containing 0.0324 acre, more or less, situate at 902 Penmar Avenue, SE (Tax Map No. 4130410), said tract being currently zoned RM -1, Residential Multi - Fancily Low Density District. A map of the property to be rezoned is attached as Exhibit "I" Pursuant to Section 36.1 -690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from RM -1, Residential Multi- Family Low Density District, to C -2, General Commercial District, subject to certain proffered conditions for the purpose of utilizing the existing building for uses permitted in a General Commercial District. The Petitioners believe the rezoning of said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will enable a parcel of land located on Penmar Avenue, SE to be used for commercial purposes as other properties in the area are so utilized. Attached as Exhibit "2" is a legal description of the portion of the subject property to be rezoned. Attached as Exhibit "3" are the names, addresses and tax numbers of the owners or owners of all lots or property immediately adjacent to immediately across a street or road from the property \VOLLY\SYS\ USERS \CBaumgardner\ZONING \O'Bryan THIRD AMD PETITION.doc to be rezoned. The Petitioners voluntarily submit the following proffers to be included as a part of the rezoning request: (a) There will be no expansion to the structure; (b) No alcohol will be sold on the premises; (c) No outside telephones will be placed on the property; (d) Uses of the property will be limited to the following: (i) general and professional offices, excluding financial institutions; (ii) general service establishments primarily engaged in the repair or maintenance of goods or items except automobiles, tracks or construction equipment, and including the provision of business and personal services and other similar uses; and (iii) General retail establishments primarily engaged in the retail sale or rental of merchandise, goods, or products except automobiles, trucks, or construction equipment, and including the incidental repair and assembly of merchandise, goods or products to be sold on the premises. (e) Signage for the commercial use shall be limited to ten (10) square feet. WHEREFORE, the Petitioners request that the above - described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. \\JOLLY\SYS\ USERS \CBaumgardner\ZONING \O'Bryan THIRD AMD PETITION.doc 2 Respectfully submitted this _ 2 ' k day of �� , 2002. MATTHEW T. O'BRVAN and SALLY G. ®'BRYAN llY- au OF COUNSEL, Edward A. Natt, Esq. OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, P.L.C. P. O. Box 20487 Roanoke, VA 24018 -0049 Phone: (540) 725 -8180 Fax: (540) 772 -0126 VSB #1104 We agree to t4wproffqrs set forth herein: I=\j \UOLLY\SYS\ USERS \CBaumgardner\ZONING \O'Bryan THIRD AMD PETITION dm TAXID LOCADDR 4130303 1124 9TH ST SE 4130409 908 PENMAR AVE SE 4130503 923 MONTROSE AVE SE 4140207 1127 9TH ST SE 4140250 1129 9TH ST SE 4140301 1201 9TH ST SE 4140501 0 PENMAR AV SE OWNER CORSAIR GROUP LLC DEARING RICHARD A OR CITY OF ROANOKE DAMIAN MAXIMILANO LORENZO CADOVA INC CUNDIFF MYRTLE D LYNCH PATRICK E OWNERADDRI 1124 9TH ST SE PO BOX 8224 215 CHURCH AVE SW 1127 9TH ST SE 1129 NINTH ST SE PO BOX 7369 263 ISLAND GREEN RD MAILCITY MAILSTATE ROANOKE VA ROANOKE VA ROANOKE VA ROANOKE VA ROANOKE VA ROANOKE VA DALEVILLE VA MAINZIPCOD 24013 24014 24011 24013 24013 24019 24083 ORR FVM N FTM 0 FRE, li -41 oa 417, An go, 41 050 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times ----------------------------------------------------------- CITY OF ROANOKE, PDV „a;,..�, ,;ya., PLANNING, BLDG., DEV I µ'' 215 CHURCH 166 ROANOKE VA 24011 REFERENCE: 80076514 13472179 State of Virginia City of Roanoke PUBLICHEARINGNOTICEA I, (the undersigned) an authorized representative of the Times -World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City /County of Roanoke, Commonwealth /State of Virginia. Sworn and subscribed before me this I-JMCPay of Nov.2013. Witness my hand and official seal. No ry Public p to , . i O� �qy', CD a30' _X PUBLIEaED ON: 10/30 11/06 _= m: 1090- =' • REG oMMts`�3ta i z i/ ' ✓/ NWEP- / lJ /1e:14�'.a TOTALr�OST: 1,022.16 FILED''f3N: 11/11/13 ------ ---------------- - ----- --+ — ---- - -- - -- — - -- Authorized Signature: Billing Services Representative PUBLIC HEARING NOTICE PUBLIC HEARING NOTICE All public hearings advertised herein will be held in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. All applications are available for review in the Planning Building and Development office, Room 166, 215 Church Ave. S.W., Roanoke, VA. Any person with a disability requiring any special accommodation to attend or participate in the hearings should contact Planning Building and Development at (540) 853 -1730 at least five days prior to the scheduled hearing. The City of Roanoke Planning Commission will hold a public hearing on November 12, 2013, at 1:30 p.m., or as soon as the matter may be heard, to consider these applications: Application by Jasminka Traylor and Ahmed Elsayed to amend conditions proffered as part of a rezoning at 902 Penman Avenue, S.E., bearing Official Tax No. 4130410, previously accepted by City Council by Ordinance 35952- 061702. The application is to repeal all conditions, such conditions restricting the owner's ability to expand the existing structure, prohibiting the sale of alcohol on the premises and the placement of pay phones on the property, allowing only certain uses on the property, and limiting signage for commercial uses, pertaining to the portion of Official Tax No. 4130410 rezoned by the adoption of Ordinance 35952- 061702. The zoning of the property will remain Commercial- Neighborhood District (CN), permitting these land use categories: residential; accommodations and group living; commercial; industrial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory; with a maximum density of one dwelling unit per 1,800 square feet of lot area and a maximum floor area ratio of 5.0. The comprehensive plan designates the property for village center use. The proposed use of the property is retail sales establishment, not otherwise listed. Application by Pegasus Tower Company, LLC to amend the Planned Unit Development Plan as it pertains to 1809 Franklin Rd., SW, containing approximately 4.3610 acres, bearing Official Tax No. 1040102, to permit construction of a wireless telecommunications tower in Phase I and an office building in Phase II previously rezoned to Institutional Planned Unit Development Plan (INPUD), during the comprehensive rezoning, Ordinance 37269 - 120505, on December 5, 2005. The land use categories permitted in the INPUD District include residential; accommodations and group living; commercial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory, with a maximum density of one dwelling unit per 1,800 square feet of lot area. The comprehensive plan designates the property for commercial use. The proposed use of the property is wireless telecommunications facility and commercial building including office, general and professional, and/or medical clinic and/or business service establishment, not otherwise listed. Rebecca Cockram, Secretary, City Planning Commission City Council will hold public hearings on the aforesaid applications on November 18, 2013, at 7:00 p.m., or as soon as the matters may be heard. Stephanie M. Moon, MMC, City Clerk Please publish in newspaper on October 30 and November 6, 2013. Please bill and send affidavit of publication to: Rebecca Cockram, Secretary City Planning Commission Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853 -1730 Please send affidavit of publication to: Stephanie M. Moon, MMC, City Clerk 215 Church Avenue, S. W., Suite 456 Noel C. Taylor Municipal Building Roanoke, Virginia 24011 -1536 (540) 853 -2541 10/28/13 8:55 a.m. AFFIDAVIT APPLICANT: Jasmilnka Traylor — Ahmed Elsayed LOCATION: 902 Penmar Ave., S.E., Tax No. 4130410 REQUEST: CN (c) to to CN COMMONWEALTH OF VIRGINIA ) TO -WIT: CITY OF ROANOKE ) The affiant, Rebecca Cockram, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2 -2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first -class mail on the 30th day of October, 2013, notices of a public hearing to be held on the 12th day of November, 2013, on the request captioned above to the owner or agent of the parcels as set out below: Tax No and Owner's Name and Address 4130303 CORSAIR GROUP LLC 1124 9TH ST SE ROANOKE VA 24013 4130409 % SPECTRUM DESIGN GARLAND JOHN A PO BOX 2476 ROANOKE VA 24010 DEARING RICHARD A OR PO BOX 8224 ROANOKE VA 24014 4130503 CITY OF ROANOKE 215 CHURCH AVE SW RM 250 ROANOKE VA 24011 4140207 NAYELI LOPEZ CRUZ MAXIMILANO LORENZO DAMIAN 1127 9TH ST SE ROANOKE VA 24013 4140250 CADOVAINC 1129 NINTH ST SE ROANOKE VA 24013 4140301 CUNDIFF MYRTLE D PO BOX 7369 ROANOKE VA 24019 4140501 LYNCH PATRICK E 263 ISLAND GREEN RD DALEVILLE VA 24083 Rebecca Cockram SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 3Zrdag of Oct ober, 2013 p Notary Public CANDACE R. MARTIN NOTARY PUBLIC Commonwealth of Virginia Reg. #28207 M Commission Ex res STEPHANIE M. MOON, MMC City Clerk Jasminka Traylor 902 Penmar Avenue, S. E. Roanoke, Virginia 24013 Dear Ms. Traylor: CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerk@roanokeva.gov November 12, 2013 JONATHAN E. CRAFT, CMC Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing has been advertised for Monday, November 18, 2013, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on a request of Jasminka Traylor and Ahmed Elsayed to amend conditions proffered as part of a rezoning at 902 Penmar Avenue, S. E., previously accepted by City Council by Ordinance 35952 - 061702 and allowing only certain uses on the property, and limiting signage for commercial uses, pertaining to the portion of Official Tax No. 4130410. It will be necessary for you, or your representative, to be present at the November 18th public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, 94.Z., rn. rV'e-4 Stephanie M. Moon, MMC City Clerk SMM:ctw STEPHANIE M. MOON, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540)853 -1145 E -mail: clerk@roonokeva.gov November 12, 2013 To Adjoining Property Owners Ladies and Gentlemen: JONATHAN E. CRAFT, CMC Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing has been advertised for Monday, November 18, 2013, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on a request of Jasminka Traylor and Ahmed Elsayed to amend conditions proffered as part of a rezoning at 902 Penmar Avenue, S. E., previously accepted by City Council by Ordinance 35952 - 061702 and allowing only certain uses on the property, and limiting signage for commercial uses, pertaining to the portion of Official Tax No. 4130410. This letter is provided for your information as an interested property owner and /or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning, Building and Development at 540 - 853 -1730. If you would like to receive a copy of the report of the City Planning Commission, please call the City Clerk's Office at 540 - 853 -2541. Sincerely, Stephanie M. Moon, MMC City Clerk SMM:ctw Dear Mayor and City Council Mem ers: RE: 902 Penmar Ave., S.E. City Council Hearing, Nov. 18, 2013, 7 PM I have been working on this issue from day one. As Vice President of the Southeast Action Forum, I am also a member of the Belmont Neighborhood Association and a member of the Starview Heights Neighborhood Watch, under the leadership of Matt Henry and in close contact with Terry Huxhold, President of the Waverly Neighborhood. I have attended all of the above groups and discussions on this situation. I had copies of the Applicants application to the city which I passed out to those interested. I hope you will understand and appreciate that I would not demean any of these people, when I say that many of them are not as versed in writing and speaking as I am but certainly want their view points known and to count. I've listened at every meeting and have on going discussions with neighborhood residents on a daily basis. Some who are willing to be in touch with you are quite computer challenged.... I know I speak for the majority of the residents of S.E. and even many outside of S.E. who support us. I trust, and we hope you will give great consideration and thought to our concerns. I had most of the following statement written as of Friday, then we learned of a shocking revelation late Saturday night which I'll address toward the end. That revelation was the fact the store has in its front cases at the register a display of drug paraphernalia. Just because 9 properties in the immediate vicinity are zoned CN should not be grounds to grant this convenience store the opportunity to sell alcohol. We understand the original idea, concept and purpose is to promote a village center. Southeast and its people would love to have and welcome a true village center. Southeast is open for business, the right kind and type of business that would serve and benefit the neighborhood. A small cubical who's sole profit comes from alcohol, cigarettes, drug paraphernalia and junk food and the only other customer service establishment is a Tattoo Shop, this is not the path Southeast would choose to achieve that goal of a Village Center. This opinion, which I believe would be indicative the way most people would feel, if they see a future for Southeast and would hope the city would see and support us and help us by not removing the proffer. Southeast has been plagued for decades with the negative fallout of alcohol in our neighborhoods. You know this through our constant struggles in constantly having to oppose the expansion of the Rescue Mission. Isn't the greatest numbers of the people they serve, help and support more often than not the result of alcohol and drug addiction? They attract the homeless from all over the east coast who come here for their services.... Allowing ANOTHER store to sell alcohol, cigarettes and drug paraphernalia makes about as much sense as it would if the Rescue Mission wanted to open a convenience store on their properties they own in the area. Who's feeding who with these addictions and trouble? These locations have become a constant source of our emergency medical and police calls, a burden that does not need to be extended. Page 2 of 4 Southeast has an astounding, " FIFTEEN " convenience stores and three bars, excluding Garden City. If 15 convenience stores are making a profit from selling alcohol and cigarettes are they supported by the huge homeless population that continues to grow in S.E. ? ..... Is this the way to deal with such a problem? Something is seriously fundamentally wrong with this picture. There are two establishments two block North of Penmar that sell alcohol and cigarettes and two establishments two block South of Penmar that sell alcohol, plus one bar. There simply is no issue here of "convenience" unless you feel their should be one on every corner. If this business were to sell alcohol and eventually found there was no profit.... it would prove their was no need to begin with and it was over kill. If they sell alcohol and eventually find that there is a profit, that would enhance and prove the point there is even a greater problem in Southeast than we thought we had to begin with. Only so many residents within such a limited number of blocks consume alcohol on a reasonable, responsible bases. Most of them, I would contend, buy it at the grocery store or ABC store as I do. If six establishments selling alcohol in such a concentrated number of blocks, with such close proximity the Rescue Mission are making a profit, I would guess we have a far greater problem going on than any of us realize. One has to wonder if having fifteen establishments in one neighborhood, is in fact benefiting off the ever increasing demand and growth of the Rescue Mission, and as we have recently discovered the Rescue Mission is once again proposing to expand and even looking at building another building on property they own. They want to move their kitchen across the street to where the present Thrift Store building is to have a larger kitchen and dining room. The more they serve, the more they'll come and the problems just keeps growing. Expansion of alcohol benefits absolutely no one if there is a profit other than the business that is selling it and this applicant lives in Salem. To make matters worse, this applicant property owner has 68 properties in the City of Roanoke and has a horrendous record of code violations and reputation that would not warrant him being behind the sale of alcohol at this one property of his. And you should consider the applicants shear careless display or his ignorance in judgement in stocking his shelves with drug paraphernalia before he had received any approval from the city. He simply could not be trusted to sale alcohol properly having shown such total disregard for what he has already done in mistakes. My meeting with Mr. Baker Goodman, ABC Agent on this case told me, seeing the drug supplies he had on his shelves, he would not have been granted a ABC License..... You should consider this alone as such a grievous enough mistake in itself to uphold the Planning Commission vote. The good people of S.E. are growing tired and weary in fighting battle after battle in their attempt to improve and change the image of S.E. It is often three steps forward and two steps backwards. We have already had meetings of the Belmont Neighborhood Association, The Southeast Action Forum, the Starview Heights Neighborhood Watch and there has been unanimous support in opposing alcohol sales. Observations and opinion on the Applicants reauest to remove proffer to allow for sale of alcohol at 902. Penmar Ave S.E. filed by Jasminka Traylor and Ahmed Yehia Elsayed. I cannot read this application without coming to the conclusion of the absolute hypocrisy of its false misleading statements which clearly show that the applicants simply has no real intelligent understanding of the culture of people, issues and problems in S.E. This is clearly indicated from these excerpts from their "Narrative" 9/23/13, page (3) of the application: "Here is another factor that makes us think that it would be a perfect spot for running a convenience store: we noticed that the area is kind of a valley and there are quite a few elder people that's need a convenience store near them." We are not planning to do any kid of change to the exterior of the property. Beside there are few advantages of opening a convenience store at that place; such as sharing the community event and offering help to the school nearby if a help needed like supplying water and beverages, school stuff or even sponsoring some events. On the other hand saving up job opportunities by hiring people for file: / /C:\ Users \CKSM1 \AppData \Local \Temp \notesC7A056 \ —web5053.htm 11/18/2013 Page 3 of 4 housekeeping, stocking or cashier positions The object of this narrative is to explain how important to us to open a convenience store at that location and how positively would affect the neighborhood." There are no more elderly in this area than any other particular area of S.E....And the elderly, above any of the residents DO NOT SHOP at convenience stores. Not only can they not afford to, if they don't walk or drive, 99% have someone to do their shopping for them. There might be one or two that would benefit from not having to walk two blocks further, but this is not a need and since the store is open were down to the alcohol issue and the more recent discovery of drug pipes and supplies. To say there are a few advantages of a convenience store at this place and bring in the nearby school as a factor, and they are now selling drug paraphernalia shows they have no conscience of their potential negative impact being near a school. And then to imply they are bringing jobs to the neighborhood ...... not even a Dollar General would have this much help. It has become quite clear that the proffers were put on this location for all the reasons of concerned being expressed today as they were in 2002 of the proximity to a school. At the Planning Commission on Thursday, the proprietor submitted a petition with 135 signatures. NONE of them should be considered valid if they do not indicate an address and should only be considered if they are property owners. I hope you will pay extremely close attention to those who will speak in favor of this store. At Thursday's hearing, unbeknown to them, in their statement supporting the store that made statements that support our opposition as to why its a bad idea. One example; one person speaking in support of the store said, "We can't control what these people do when they leave the store" Precisely our argument and supported by the Police Chief stats and facts presented. A Planning Commission member clearly pointed out, that they had to have been aware of the restrictions on this property, and the poor choice he made to precede at this location. The proprietor has implied he is being discriminated against. I think our culture differences come into play here. We are the great country that let's any person in his position have opportunities here he would not find anywhere else in the world. Likewise, we are that same great country that let's its citizens have a say in what is best for their health, safety and welfare in government right to decide what is in the best interest of all. We have the greatest confidence that you will see fit to uphold the Planning Commissions vote on this issue that serves to advance the agenda here in S.E. to control all the problems discussed over the years and that you have seen and been aware of in our neighborhood walks and meetings. Respectfully, E. Duane Howard, Vice President, Southeast Action Forum Member: Belmont Neighborhood Association Starview Heights Neighborhood Watch And their last statement above all simply boils down to an insult on any of our intelligence .... There, by any stretch of the imagination, would have a positive affect on anything, other than their own personal wallet. Page 9 of the application is the cities plan and goals for Morningside /Kenwood /Riverdale Neighborhoods which states: Morningside and Kenwood are designated as Rehabilitation Districts. This designation means that the city recognizes that an area is at risk of deteriorating and makes properties, and the area in general, subject to anti - blight programs. file: / /C:\ Users \CKSM1 \AppData\ Local \Temp\notesC7A056 \ —web5053.htm 11/18/2013 Page 4 of 4 A convenience store, near parks, school and churches, selling alcohol and drug paraphernalia would certainly contribute towards more blight and deterioration. Respectfully, file: / /C: \Users \CKSM 1 \AppData\ Local \Temp \notesC7A056 \ —web5053.htm 11/18/2013 902 Penmar �; Amy Morgan to: planning @roanokeva.gov, stephanie.moon 11/11/201309:20 PM °' CC: mark powell, Duane Howard History: This message has been replied to. As president of Belmont Neighborhood Association, I know first hand the amount of litter selling alcohol contributes to a neighborhood. Our community service program picks up trash once a month. Most of our litter is from single sales of alcohol. Vagrants hang out in vacant lots and abandoned homes to drink purchases from convenience stores within the neighborhood. Small camps are established near these stores and criminal activity soon follows. There are already several establishments on 9 th st that are filling this need. One more establishment is enabling a problem rather than serving a need and diminishing the quality of life for the surrounding neighborhood. Amy Morgan Belmont neighbor Resolution passed by Belmont Neighborhood Association regarding 902 d+ Penmar Amy Morgan to: planning 11/11/201309:00 PM Cc: mark powell, Duane Howard, stephanie.moon This resolution passed unanimously by Belmont Neighborhood Association at our meeting on 11/11/13. Belmont Neighborhood Association believes that there isn't a need for an additional establishment to sell alcohol but will in fact contribute to the decline in the quality of life for neighbors through litter, traffic, vagrancy and potential criminal activity. Belmont Neighborhood Association minutes will reflect this resolution. Amy Morgan President of Belmont Neighborhood Association Page 2 of 2 To: planning @roanokeva.gov, Cc: Stephanie.moon @roanokeva.gov_ Date: 11/11/2013 11:46 PM Subject: 9th St Covenience store alcohol permit Hello. I would like to weigh in on the alcohol sales at the new store on 9Th St. My 13 year old daughter attends Stonewall Jackson Middle School which is just a block from this store. I do not nor will I shop a store that sells equipment that abusers to consume illegal drugs. As a matter of fact, I make it a point to tell shop owners that that is why I shop at their stores. The positioning of this store is too close to the school to be selling alcohol and "tobacco" equipment. We already have stores at both ends of the street that sell similar products. I do not feel this is an appropriate place for this business. Our children are already exposed to this type of thing entirely to much. Please help to limit this business from selling these things so close to the school. I don't think bars are allowed to be this close. are they? Thank you for your time and consideration. Frances Underwood ifrannvu @aol.com Stonewall Jackson parent Secretary of the Belmont Neighborhood Association Citizen of Roanoke City Tax payer file://C: \Users \CKCT 1 \AppData \Local \Temp\notesE 1 EF34 \—web0789.htm 11/18/2013 B.2. RE: 713M City Council Meeting on November 18, 2013 Dear City Council Members: I am writing to you in hopes you will hear my pleas as well as other neighbors who live near the new Epic Stop -In store owned by Ahmed Elsyed on Penmar Ave. in SE Roanoke, VA. I have to work tonight and cannot attend so I wanted to share my concerns with you via my email correspondence. I've owned a home in SE Roanoke since 1997. I moved here from Smith Mountain Lake because I loved the character of the 1920's homes which SE is filled with. Since moving here I have been involved in trying to do my part in cleaning up Southeast's area and negative reputation. In SE our property values have steadily declined. There are no new prospective homeowners looking to buy in SE anymore. This should also be of concern to City Council to do something to help improve SE image with a little positive advertising. After all SE is close to everything. SE residents and Homeowners only want to see a positive change and proactive effort to improve the quality of life Mr. Elsyed is wrong! He is claiming he's being discriminated against because of his race. Yet, nobody has made one single comment about his nationality. He's backed into a corner over his alcohol license and using that as an excuse to move opinions of his store in his favor. Here's the REAL reason a lot of us SE residents are furious over his store. Within a week of opening he was displaying and selling, glass pipes, rolling papers, scales for weighing illegal drugs and selling it while applying for his ABC license and trying to get the proffer lifted especially for him! He claims to the media "he cares about SE residents and the SE neighborhood ". If he cared so much then why purchase a store where a proffer was put in place for a reason? That reason being, the SE residents don't want anymore drugs and alcohol here!!!!!! If he is disregarding everyone's wished and wants special treatment from the City to lift a proffer for him, does he really care ?? It sure doesn't look like it! The 2nd his type of store is an issue is he portrayed it from week one as a "head shop" (illegal drug related store). Under VA LAW, those types of stores cannot be within a proximity of school bus stops, schools, etc. Head shops increase the availability of drug paraphernalia like glass pipes and bongs used to smoke marijuana, methamphetamine and other illicit substances. "We're asking you to reduce access and availability of drug paraphernalia and synthetic drugs in the community and to our youth. When he was caught by the media about these products, he denied knowing what they were used for. However, " he "reasonably should know." We ask that you please take this information into consideration when making your decision tonight to approve or not approve his request for an ABC License. There are many other products he can sell which will make him more of a profit than alcohol sales. Please see comment below from the online story which was aired on WDB]7. http• / /www wdbi7 com/ news /local /ne9hbors- upset- about - new- convenience - store- owner- says-hes -just- trying -to -ma ke -a -I ivi ng /- /20128466/22761458 / - /cg mbns /- /index.html ...Flo Boire Sielaff I live on Buena Vista and can see this new store's lights from my home. My hubby and me were out of town and knew nothing about this new venture. We saw a news camera crew when we were turning off of 9th and headed to our house late yesterday afternoon. It's been bad enough on our street with all the crack heads & heroine users (seriously). I pick up beer bottles and cans on a regular basis near 7th & Buena Vista. This is going to add to the trash, and increase the already unbelievable amount of traffic that passes by. I'm sick at heart about this. And, NO ONE came to my door to talk about this. (see attached photos taken in his store) Reference: photos from SE Action Forum Facebook Page. Warm Regards, James & Sherry Lucas SE Roanoke Homeowners CC: ABC agent...... baker.goodman @abc.virginia.gov )" To: Roanoke City Council Members From: Jim Baldwin 1109 Penmar SE Roanoke, VA 24013 Re: Epic Stop In 902 Penmar SE Roanoke, VA 24013 I am writing in support of Epic Stop In being granted the ability to sell off - premises alcohol at this location. To me, this is a matter of businesses being able to have a level playing field in SE and a fair marketplace. My personal actions and thoughts regarding alcohol sales are not part of the equation. That certainly does not seem to be the case with those opposed. There have been many assumptions, misunderstandings and incorrect statements regarding this situation. I would like to weigh in with the facts as I know them to be and appreciate that you as a councilperson would take them into consideration. I had hoped to be able to attend the council meeting tonight, but family matters as caretaker of my elderly parents have prevented it. Therefore, I respectfully submit the following: The store location in question was never just a garage that someone now wants to convert into a business selling the same legal products that every other convenience store can. The structure was first built as a community bar and was never a garage. My family members who went there verified this to me. I know that it was J & M's Restaurant from the mid 60's until at least 1970 when I left the neighborhood for college. I ate there most every day while in Jackson Jr. High School. Locally owned small businesses can indeed improve the neighborhood. Up through the 60's and 70's there were plenty of community stores in SE. They did not shut down because the `quality' of the residential area had outgrown them; they shut down because the owners retired and no one would take them over because of the competition of larger stores outside the neighborhood. The Southeast Action Forum is in favor of locally owned businesses if, and only if, they meet their group's approval and agenda. The current issue is not new zoning for a store in this location; it is Dally there now selling everything that all other convenience stores on 91h St. are selling, except alcohol. So, the issue is plain and simple: alcohol. When every other convenience store and two bars on 91h St. are able to have alcohol sales, then it becomes a matter of a level playing field and a fair marketplace. Those opposed to this store state that the city would not allow this much concentration of alcohol sales in any other neighborhood and especially the `better' ones. I'm not sure what neighborhoods are better than SE, but the concentration of stores and/or restaurants with on/off alcohol sales in SE is among the lowest in the city. For example, the concentration of alcohol sales in Crystal Spring and Grandin Village is 5 to 6 times more than 91h St. SE. These store concentrations are as close or closer to public schools as the 902 Penmar store location and are also in the middle of residential areas. Comments have been made and questions have been asked by city officials stating that it would be OK if this store was located across the street. What is the difference in 30 yards? The 902 Penmar property is already zoned for commercial use; it doesn't have to be across the street to qualify — it's there now! So, it would be OK to sell alcohol on one side of the street and not the other? Really? Again, the issue is not about a commercial business in this location; it's all about an odd proffer attached to the 2002 deed that voluntarily (by the new owners at that time) limited alcohol sales. This was not a condition imposed by the city that existed prior to that date. The opposition to this store as voiced by members of the Southeast Action Forum comes down to their personal objection to alcohol sales. Upon reading their facebook group page, httns: / /www. facebook .com /groups/ 165132896731/ there are ample references to restricting tobacco, alcohol and fast food sales in SE — all legal transactions in Roanoke at this time. There are also references regarding opposition to the ethnicity of both the storeowner and the property owner and the `type' of people who have been seen already as customers or who `probably' would go there. These personal biases and prejudices far outweigh any reasonable objections to any negative effects to the neighborhood because of pre- existing commercial property use. Will unreasonable, emotional morality sway your decision to be fair to this businessman? The Southeast Action Forum represents less than one percent of all SE residents. I know for a fact that the storeowner has a petition of support, which when I signed contained at least 130 signatures. I hope this group of residents close to the store will also be taken into consideration. Indeed, the petition was questioned by members of the Southeast Action Forum, even stating that only SE property owners should be able to sign, not residents of any other type. Yet, for the council meeting tonight, this same group is asking for city residents outside of SE to attend and stand in support of their opposition. In conclusion, I have no investment in the Epic Stop In store at 902 Penmar and it will have little or no affect on me if it survives or not at that location. My concerns have everything to do with fairness for locally owned independent businesses and decisions by city administration and officials regarding matters of those businesses based upon the moral concerns of a few neighborhood residents. If morality determines legality, then when are the other stores on 91h St. (particularly the one nearly across the street from Jackson Middle School) going to be denied the ability to sell alcohol, tobacco and food that is deemed unfit by the Southeast Action Forum? That would only seem fair, correct? Thank you for reading. Sincerely, OAL &&,v Jim Baldwin (Recent member of the Southeast Action Forum) DAVID A. BOWERS Mayor CITY OF ROANOKE OFFICE OF THE CITY COUNCIL 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerk(axroanokeva.gov COURT G. ROSEN Vice -Mayor WILLIAM 1). DESTPITCII RAPIIAEL E.FF.RRIS SHERMAN P. LEA November 12, 2013 ANITA J. PRICE DAVID D. TRINKLE Council Members The Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Because I knew that I would not be present for the meetings of city council on November 18, 1 attended the Planning Commission meeting on November 12. Please consider these comments based on the evidence and testimony presented at that meeting. One of my consistent concerns regarding rezoning requests is the tendency to confuse persons and property. In this case, the applicants alleged that they do not have an equal opportunity to operate their business compared to other businesses in the same area. The truth is that the applicants have exactly the same opportunity as other persons to locate such a business wherever existing zoning permits it. The question is not about their rights as persons; it is about whether the sale of alcoholic beverages is an appropriate use of this property. As a member of the city council that approved the rezoning of a portion of tax map number 4130410 for commercial use in 2002, 1 recall that the proffer prohibiting the sale of alcohol on the premises was related to the proximity of the property to a school. Another of my general concerns is whether an applicant has shown a need for, as well as benefits to be derived from, rezoning a property. The applicants identified several nearby businesses that are licensed to sell alcohol already. In fact, much of their argument centered on whether it is fair to treat this property differently from other properties that are zoned CN, indicating that there is no need for more alcohol sales. // cksml /councR2013 /Bestpitch /Penmar remning.docx The Honorable Mayor and Members of Roanoke City Council November 12, 2013 Page 2 It was suggested that this restriction would not apply to this property if the proffer had not been in place prior to 2005, which is the year that a cluster of properties in the vicinity was rezoned to CN. I would suggest that this property would not have been included in the CN district if it had not been zoned for commercial use previously, and the rezoning probably would not have been approved in 2002 without the proffer. The only benefit presented by the applicants is that a small number of neighborhood residents would not need to travel as far to shop at a convenience store. I find it difficult to imagine that neighbors with access to this location would not be able to go another two or three blocks to purchase whatever they need. The city can expect no significant additional tax revenue, as any merchandise purchased would most likely have been sold by another store in the area. As for the remaining four proffers, the applicants have not made a compelling case for the need for, or benefits of, repealing them. My questions would be whether it is prudent, for example, to allow expansion of the structure, whether it is wise to remove the exclusion of financial institutions —which in this case undoubtedly means another payday lender —and whether it makes sense to permit the repair and maintenance of automobiles, trucks or construction equipment. In short, the existing proffers were approved for good reasons, and the applicants have failed to demonstrate why those reasons are not still valid. I hope you will support the recommendation of the Planning Commission to deny this request. Sincerely, G� .� r4 Wiliam D. estpi h Council Member WDB:sm pc: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Ann H. Shawver, Director of Finance Stephanie M. Moon, City Clerk // cksml /council2O13 /Bestpitch /Peumar remning.dom STEPHANIE M. MOON, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone (540) 853 -2541 Fax: (540) 853 -1145 E -mail clerk(mroanokeva.gov November 19, 2013 Scott Lyons, President Roanoke Gospel Outreach Center, Inc. P.O. Box 2904 Roanoke, Virginia 24001 Dear Mr. Lyons: JONATHAN E. CRAFT, CMC Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk I am enclosing copy of Ordinance No. 39810 - 111813 exempting from personal property taxation certain personal property of Roanoke Gospel Outreach, Inc., an organization devoted exclusively to charitable or benevolent purposes on a non - profit basis. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 19, 2013, effective January 1, 2014. Sincerely, ,6;4�,-� tYlwv Stephanie M. Moon, MMC City Clerk Enclosure PC: The Honorable Sherman Holland, Commissioner of the Revenue The Honorable Evelyn Powers, City Treasurer Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Susan Lower, Director, Real Estate Valuation Amelia C. Merchant, Director of Management and Budget u� IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of November, 2013. No. 39810 - 111813. AN ORDINANCE exempting from personal property taxation certain personal property located in the City of Roanoke and owned by Roanoke Gospel Outreach, Inc., an organization devoted exclusively to charitable or benevolent purposes on a non - profit basis; providing for an effective date, and dispencing with the second reading by title of this Ordinance. WHEREAS, Roanoke Gospel Outreach, Inc., (hereinafter "the Applicant "), has petitioned this Council to exempt certain personal property of the Applicant from taxation pursuant to Article X, Section 6(6) of the Constitution of Virginia; WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Applicant's petition was held by Council on November 18, 2013; WHEREAS, the provisions of subsection B of Section 58.1 -3651, Code of Virginia (1950), as amended, have been examined and considered by the Council; WHEREAS, the provisions of subsection C of Section 58.1 -3651, Code of Virginia (1950), as amended, have been satisfied with respect to exemption of personal property by classification; and WHEREAS, the Applicant agrees that the personal property to be exempt from taxation (a) is certain personal property, including machinery, tools, and equipment, which shall be used by the Applicant exclusively for charitable or benevolent purposes on a non - profit basis, and (b) for personal property that may be acquired by the Applicant shall be used by the Applicant exclusively for charitable or benevolent purposes on a non- profit basis. K:WeasuresUax Exempt PP Roanoke Gospel Outreach 11 2013.doc THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: Council classifies and designates Roanoke Gospel Outreach, Inc., as a charitable, religious, or benevolent organization within the context of Section 6(6) of Article X of the Constitution of Virginia, and hereby exempts from personal property taxation current personal property and any future personal property acquired and owned by the Applicant, which property is used exclusively for charitable or benevolent purposes on a non - profit basis; continuance of this exemption shall be contingent on the continued use of the personal property in accordance with the purposes which the Applicant has designated or classified in its application. 2. This Ordinance shall be in full force and effect on January 1, 2014. 3. The City Clerk is directed to forward an attested copy of this Ordinance to the Commissioner of the Revenue, the City Treasurer, and to Scott Lyons, President, Roanoke Gospel Outreach, Inc. 4. Pursuant to the provision of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: City Clerk. K Weasures\Tax Exempt PP Roanoke Gospel Outreach 11 2013.doe CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 18, 2013 Subject: Tax Exemption Request - Roanoke Gospel Outreach Center, Inc. Background: The Roanoke Gospel Outreach Center, Inc., a Virginia, non - stock, not for profit corporation owns certain personal property located at 9 Salem Avenue, SW, Roanoke. The organization desires the current property as well as any personal property hereinafter acquired be designated and classified as exempt from personal property taxes pursuant to the provisions of the Code of Virginia. The organization ministers to the needs of the poor, addicts, and those that are in need of a change of lifestyle. It provides counseling services to give direction to those whose lives are in disarray and in need of religious direction. In addition, it ministers the gospel of the Lord Jesus Christ to those individuals mentioned above. The Center conducts regular religious services for those that have received the gospel message. Time is allotted for teaching the Word of God and discipleship in Christian principles weekly. Food and clothing are distributed to all those that attend the religious services and teachings. In addition, the Center works in cooperation with a local Bible School to train Bible students in the methods of street evangelism and propagating the gospel in the inner city. The organization's current personal property consists of a 1998 Ford van and various office property and equipment. At present, annual personal property taxes due on the property are $235.73 on a total assessed value of $6,253. It should be noted that in April 2006, the organization, while operating under the name Blue Ridge Gospel Outreach, Inc., requested from and was granted by City Council an exemption on its real estate taxes on the real property it owns at the above address. (The organization changed its name with the State Corporation Commission in January 2007.) Considerations: On May 19, 2003, City Council approved a revised policy and procedure in connection with requests from non - profit organizations for tax exemption of certain property in the City by Resolution 36331-051903, with an effective date of January 1, 2003. Based on this policy and procedure, the Roanoke Gospel Outreach Center, Inc., has provided the necessary information required for applications for exemptions that would take effect January 1, 2014. As noted above, the assessed value of the personal property at 9 Salem Avenue is currently $6,253 with annual taxes due of $235.73. The organization is current on its taxes. Consequently, the City would be foregoing the personal property tax revenue from the organization going forward. Previously, in 2006, Commissioner of the Revenue, Sherman Holland, had determined that the organization was not exempt from paying taxes by classification or designation under the Code of Virginia. The IRS recognizes the organization as a 501(c)(3) tax - exempt organization. Notification of a public hearing to be held November 18, 2013, was duly advertised in the Roanoke Times. Recommended Action: Authorize Roanoke Gospel Outreach Center, Inc.'s exemption from personal property taxation pursuant to Article X, Section 6 (a) 6 of the Constitution of Virginia, effective January 1, 2014. �- �- - ----------- -- (Christopher P. Morrill ------ City Manager Distribution: Council Appointed Officers Honorable Sherman A. Holland, Commissioner of the Revenue Honorable Evelyn W. Powers, City Treasurer R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Assistant City Manager for Operations Amelia C. Merchant, Director of Management and Budget Scott Lyons, President, Roanoke Gospel Outreach Center, Inc., P.O. Box 2904, Roanoke, VA 24001 2 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times ---------------------- +-------------- ---- - - - - -- CITY OF ROANOKE CLERK'S OFFICE 215 CHURCH 456 AVE SW ROANOKE VA 24011 REFERENCE: 32143302 13480201 State of Virginia City of Roanoke NOTICE OF PUBLIC HEA I, (the undersigned) an authorized representative of the Times -World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City /County of Roanoke, Commonwealth /State of lVir i ia. Sworn and subscribed before me this ay of Nov.2013. Witness my hand and of is }al seal. IJAJJ, Notary Public PUBLISHED ON: 11 /08 TOTAL COST: 232.80 FILED ON: 11/14/13 ``xxttlrlllrt, �yx AcE/V �Q; •• NOTARY PUBLIC ••. ?!S REG. #332964 MY COMMISSION moo•. EyPI ES Q7 ,�E4hiH �F ,.nn,ttr_t NOTICE Of PUBLIC NEARING Notice is hereby given that the City Council of the City of Roanoke will hold a Public hearing at Its regular meeting to be held on November 18, 2013, commencing at 7:00 p.m., in the Council Chamber, 4th Floor, Noel C. Taylor Municipal Building. 215 cnurcn Avenue, S.W., Roanoke, Virginia on the question of adoption of an ordinance pursuant to Section 58.1 -3651, Code of Virginia (1950), as amended, approving the request of Roanoke Gospel Outreach, Inc., a nonprofit organization (1) for designation of its personal property, located at 7, 7A and 9 Salem Avenue, S.W., Roanoke, Virginia as exempt from taxation; and (2) for classification of any after acquired personal property to be lorated at 7, 7A and 9 Salem Avenue, S.W., Roanoke, Virginia, as exempt tram taxation. The total assessed value of the and cant's currem I tarty tax assessment of 5.73 for the 2013 tax tizens shall have the trtunity, to be heard and Tess their opinions on matter. you are a person with a ablllty, who needs tmmodations for this It, hearing, contact the V Clerk's Office. 2541, by 12:00 noon hursday, November 14, 3. N under my hand this (13480201) Clerk. -- - - - - - - - — - - - - - - - - - - - - - - - - - - - — - - - - - — - - - - — — - - - +- - - - - - - - - - — — — - - — - - - - Authorized Signature: Billing Services Representative NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of Roanoke will hold a public hearing at its regular meeting to be held on November 18, 2013, commencing at 7:00 p.m., in the Council Chamber, 4'h Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia on the question of adoption of an ordinance pursuant to Section 58.1 -3651, Code of Virginia (1950), as amended, approving the request of Roanoke Gospel Outreach, Inc., a nonprofit organization (1) for designation of its personal property, located at 7,7A and 9 Salem Avenue, S.W., Roanoke, Virginia as exempt from taxation; and (2) for classification of any after acquired personal property to be located at 7, 7A and 9 Salem Avenue, S.W., Roanoke, Virginia, as exempt from taxation. The total assessed value of the applicant's current personal property for tax year 2013 is $6,253.00, with a total personal property tax assessment of $235.73 for the 2013 tax year. Citizens shall have the opportunity to be heard and express their opinions on this matter. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office, 853 -2541, by 12:00 noon on Thursday, November 14, 2013 GIVEN under my hand this 4th day of November 2013. Stephanie M. Moon, City Clerk. K\MEASURES \TAX EXEMPT PH NOTICE ROANOKE GOSPEL OUTREACH CENTER INC 11 2013 PERSONAL PROPERTY ONLY DOC Notice to Publisher: Please publish once in the Roanoke Times on Friday, November 8, 2013. Send affidavit to: Stephanie M. Moon, MMC, City Clerk 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 (540) 853 -2541 Send Bill to: Scott Lyons, President Roanoke Gospel Outreach Center, Inc. 9 Salem Avenue, S. W. Roanoke, Virginia 24011 (540) 493 -4579 K NOTICES 2013\NOVEMBER:NPH -TAX EXEMPT ROANOKE GOSPEL OUTREACH CENTER INC DOC Wwi DEPARTMENT OF MANAGEMENT & BUDGET Noel C. Taylor Municipal Building AM Roanoke, Church Avenue, Room 354 Roanoke, Virginia z4011 oii ROANOKE 540.853.6800 fax: 540.853.2773 November 5, 2013 Mr. Scott Lyons President Roanoke Gospel Outreach Center, Inc. P. O. Box 2904 Roanoke, VA 24001 Dear Mr. Lyons: The Roanoke Gospel Outreach Center, Inc. filed a petition in the City Clerk's Office on October 8, 2013 requesting exemption from taxation on personal property located at 9 Salem Avenue, SW. The personal property is identified as a 1998 Ford van and various office property and equipment. Pursuant to the requirements of the Virginia Code, the City of Roanoke is required to hold a public hearing if it wishes to consider a petition for a tax exemption. At a regular session of the Roanoke City Council held on Monday, November 4, 2013, the Council approved a request of the City Manager to hold a public hearing on Monday, November 18, 2013, at 7:00 p.m., or as soon thereafter as the matter may be heard, to receive citizen comments on the request. Notices of a public hearing with regard to the matter will be published in the Roanoke Times. Your organization will be billed for the amount incurred for publishing the notices. I am forwarding you an initial draft copy of a Council Report dated November 18, 2013, from the City Manager's Office addressed to the Mayor and Members of City Council regarding the petition. Although we are recommending authorization for exemption from personal property taxation on the current property as well as any personal property hereinafter acquired, please be advised that the final decision with regard to the exemption rests with City Council. Council will also consider citizen comments from the public hearing. It is suggested that a representative from the organization be present at the public hearing on November 18th to respond to questions that may be raised regarding the petition. The session will be held in the City Council Chambers, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W. You may wish to register with City Clerk staff at the desk outside Council Chambers immediately prior to the public hearing. If you have any questions regarding this information, please feel free to call me at 540 - 853 -1643 or email me at rb.lawhorn @roanokeva.gov. Sincerely, 4600 .j, R. B. Lawhorn, Jr. Budget /Management Analyst Department of Management and Budget Enclosure c: V /Stephanie M. Moon, City Clerk STEPHANIE M. MOON, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerk@roanokeva.gov October 16, 2013 Scott Lyons, President Roanoke Gospel Outreach Center Inc. P. O. Box 2904 Roanoke, Virginia 24001 Dear Mr. Lyons: JONATHAN E. CRAFT, CMC Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk This will acknowledge receipt of an amended petition from Roanoke Gospel Outreach Center Incorporated received in the City Clerk's Office on October 16, 2013, advising that the assessed value of personal property taxes associated with property at 7 Salem Avenue, S. W., 7A & 9 should have been $6,253.00 instead of $ 5,271.00. A copy of your amended petition will be forwarded to R. B. Lawhorn, Budget Management Analyst, Office of Management and Budget, for review and response. If you should have additional questions or need further assistance, please feel free to contact the City Clerk's Office. Sincerely, -f rl-►• r�0�.� Stephanie M. Moon, MM City Clerk SMM:aIa pc: The Honorable Sherman A. Holland, Commissioner of the Revenue Daniel Callaghan, City Attorney R. B. Lawhorn, Budget Management Analyst, Office of Management and Budget Susan S. Lower, Director, Real Estate Valuation a Y% 'Roanoke Stephanie Moon City Clerk 215 Church Ave. S.W. Ste. 456 Roanoke, VA 24001 October 14, 2013 Gospel Outreach Center RE: Tax -exempt status for personal property - amended version Dear Stephanie Moon: Roanoke Gospel Outreach Center Inc., is sending this amended cover letter petition to show our assessed value of personal property taxes to be $6253.00 rather than $5271.00. Respectfully, ---� Scott Lyons President Roanoke Gospel Outreach Center Inc. Mailing Address PO Box 2904 Roanoke,VA 24001 Ph. 540- 493 -4579 Physica /Address 9 Salem Avenue Roanoke, VA 24011 rgoutreach -� yahooxom 'Roanoke VIRGINIA: Gospel Outreach Center IN THE COUNCIL OF THE CITY OF ROANOKE RE: PETITION FOR EXEMPTION FROM TAXATION OF CERTAIN PROPERTY PURSUANT TO ARTICLE X, SECTION 6(a)(6) OF THE CONSTITUIONF OF VIRGINA TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF ROANOKE: 1. Your Petitioner, Roanoke Gospel Outreach Center Inc., a Virginia, non- stock, not for profit corporation owns certain personal property, located at 7 Salem Ave SW 7A & 9, in the City of Roanoke, Virginia, with a total assessed value of $112,400.00 in real property taxes and a total of $6253.00 in personal property taxes that were paid or would have been paid in the most recent year, desires to be an organization designated pursuant to the provisions of Sec. 58.1 -3651, of the Code of Virginia, as amended, in order that the referenced personal property, to be used exclusively for charitable and benevolent purposes in ministering to the needs of the poor, addicts, and those that are in need of a change of lifestyle. We provide counseling services to give direction to those whose lives are in disarray and in need of Godly direction. In addition, we minister the gospel of the Lord Jesus Christ to those individuals mentioned above. Currently, the property is being used to conduct regular religious services for those that have received the gospel message. Time is allotted for teaching the Word of God, and discipleship in Christian principles weekly. Food and clothing are distributed to all those that attend the religious services and teachings. Furthermore, we work in cooperation with a local Bible School, to train Bible students in the methods of street evangelism and propagating the gospel in the inner city. Overall, the above property is used to give individuals religious, charitable, and educational experiences. Roanoke Gospel Outreach is to be exempt from taxation under the provisions of Article X, Section 6(a)(6) of the Constitution of Virginia so long as your Petitioner is operated not for profit and the property so exempted is used in accordance with the purpose for which the Petitioner is classified. Marling Address PO Box 2904 Roanoke, VA 24001 Ph. 540 493 4579 Physica /Address 9 Salem Avenue Roanoke, VA 24011 rgoutreach` yahooxom A 00'Roanoke a, Gospel Outreach Center 2. Your Petitioner agrees to provide information to the Director of Real Estate Valuation upon request to allow a triennial review of the tax - exempt status of your Petitioner. The following questions are submitted for consideration: (Q): Whether the organization is exempt from taxation pursuant to Section 501(c) of the Internal Revenue Code of 1954 (A): Your Petitioner was granted exemption from taxation pursuant to Section 501(c) of the Internal Revenue Code of 1954 on July 5 2005. 2. (Q): Whether a current alcoholic beverage license for serving alcoholic beverages has been issued by the Alcoholic Beverage Control Board to such organization for use on such property. (A): Roanoke Gospel Outreach Inc., does not and has no intentions of serving alcoholic beverages. 3. (Q): Whether any director, officer or employee of the organization has been paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer or employee actually renders. (A): None of our directors, officers or employees has been paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer or employee actually renders. 4. (Q): Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions or, local, state or federal grants. As used in this subsection, donations shall include the providing of personal services or the contribution of in -kind or other material services. (A): None of the net earnings of this organization inures to the benefit of any individual. The organization is funded by good will offerings and donations completely. Mailing Address PO Box 2904 Roanoke, VA 24001 Ph. 540-493-4579 Physica /Address 9 Salem Avenue Roanoke, VA 2-4011 rgoutreach =yahoo.com t ., tl Roanoke Gospel Outreach Center Muni r 5. (Q): Whether the organization provides services for the common good of the public. (A): Your Petitioner provides services for the common good of the public in as much as it provides charitable, religious and educational services to the public. We provide counseling and minister to all who would receive the Word of God. In addition, we help those who are poor and lives are in disarray, by providing food and clothing for them. We have religious services to all who are open to receive the Word of God. In addition, we have a monthly Bible study and discipleship classes. Furthermore, we teach on evangelism in word and in deed. 6. (Q): Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office. (A): Roanoke Gospel Outreach does not attempt to influence legislation and we do not participate, or intervene in any political campaign on behalf of any candidate for public office. (Q): Whether any rule, regulation, policy or practice of the organization discriminates on the basis of religious conviction, race, color, sex or national origin. (A): Roanoke Gospel Outreach does not discriminate on the basis of religious conviction, race, color, sex or national origin. 8. (Q): Whether there is a significant revenue impact to the locality and its taxpayers of exempting the property. (A): No, this is an inexpensive property and the exemption is appropriate due to the positive impact the organization has on the community. Mailing Address PO Box 2904 Roanoke,VA 24001 Ph. 540-493-4579 Physica /Address 9 Salem Avenue Roanoke, VA 24011 rgoutreach yahoo.com ,! It 'Roanoke Gospel Outreach Center ,a 9. (Q): Any other criteria, facts and circumstances, which the governing body deems pertinent to the adoption of such ordinance. (A): Roanoke Gospel Outreach has been granted by the federal government a 501(c)3 status. The organization fully complies with its charitable non -profit status. It provides a necessary and beneficial service to the downtown community with a positive impact. Enclosed is a copy of the organizations newsletter. Note: All Tax Exemption Petitions must be filed with the City Clerk's Office Therefore, your Petitioner, Roanoke Gospel Outreach Inc., respectfully requests to the Council of the City of Roanoke that this personal property, of your Petitioner be designated exempt from taxation so long as your Petitioner is operated not for profit and the property so exempt is used for the particular purposes of providing ministry to the poor, addicts and those that are in need of a change of lifestyle. We provide counseling services to give direction to those whose lives are in disarray and in need of Godly direction. In addition, we minister the gospel of the Lord Jesus Christ to those individuals mentioned above. Currently, the property is being used to conduct regular religious services. Time is allotted for teaching the Word of God, and discipleship in Christian principles. Food and clothing are distributed to all those that attend the religious services and teachings. Furthermore, we work in cooperation with a local Bible School, to train Bible students in the methods of street evangelism and propagating the gospel in the inner city. Overall, the above property is used to give individuals religious, charitable, and educational experiences. Respectfully submitting this 14 day October 2013. By: �_ Sco tt Lyons President Mailing Address PO Box 2904 Roanoke, VA 24001 Ph. 540- 493 -4579 Phy5icalAddre55 95alemAvenue Roanoke,VA24011 rgoutreach`Lyahoo.com STEPHANIE M. MOON, MMC City Clerk Christopher P. Morrill City Manager Roanoke, Virginia Dear Mr. Morrill CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerk@roanokeva.gov October 8, 2013 JONATHAN E. CRAFT, CIVIC Deputy City Clerk CECELIAT. WEBB, CMC Assistant Deputy City Clerk At a regular meeting of the Council of the City of Roanoke which was held on Monday, May 19, 2003, Resolution No. 36331- 051903 was adopted with regard to a new policy and procedure for processing requests from non - profit organizations to have property exempted from taxation, pursuant to Article X, Section 6(a)(6), Constitution of Virginia, and repealing Resolution No. 36148- 120202 adopted on December 2, 2002. I am attaching copy of a petition, which was filed in the City Clerk's Office on October 8, 2013, by Roanoke Gospel Outreach Center Incorporated, a Virginia non - stock, not -for- profit corporation, requesting exemption from taxation of personal property located at 7 Salem Avenue, S. W., 7A & 9, pursuant to Section 58.1 -3651, Code of Virginia (1950), as amended. Petitions forwarded by the City Clerk to the City Manager by April 15 for evaluation and recommendation to City Council will have an effective date of July 1st. Petitions forwarded by October 15th will have an effective date of January 1 st. 691 JEC:ala Attachment athan E. Craft, C C luty City Clerk Christopher P. Morrill October 8, 2013 Page 2 pc: Scott Lyons, President, Roanoke Gospel Outreach Center Inc., 9 Salem Avenue, S. W., Roanoke, Virginia 24011 The Honorable Sherman A. Holland, Commissioner of the Revenue Daniel Callaghan, City Attorney Susan S. Lower, Director, Real Estate Valuation R. B. Lawhorn, Budget Management Analyst, Office of Management and Budget 'Roanoke Gospel i Stephanie Moon City Clerk 215 Church Ave. S.W. Ste. 456 Roanoke, VA 24001 October 8, 2013 RE: Tax - exempt request for personal property Dear Stephanie Moon: Outreach Center Roanoke Gospel Outreach Center Inc., is applying for tax-exempt status for personal property through the Roanoke City Council. On April 28, 2006, the organization received tax exemption for real property located at 9 Salem Ave. SW, in the City of Roanoke, Tax Map ID # 1010512. Roanoke Gospel Outreach Center Inc., is seeking similar tax exemption for the organization's current personal property as well as any personal property purchased thereafter in support of our ministry. The organization received tax exemption for real property under the name of Blue Ridge Gospel Outreach Center, Inc. However, the name of the organization was changed to Roanoke Gospel Outreach Center on January 3, 2007. Even though the name changed, the mission and the vision of the organization did not change. See enclosed attachment on name change from the Internal Revenue Service and State Corporation Commission. Currently, both the real property and the personal property are being used for the particular purpose of providing ministry to the poor, to addicts and to those that are in need of a change of lifestyle. We provide counseling services to give direction to those whose lives are in disarray and in need of Godly direction. In addition, we minister the gospel of the Lord Jesus Christ to those individuals mentioned above. Currently, the property is being used to conduct regular religious services. Time is allotted for teaching the Word of God, and discipleship in Christian principles. Food and clothing are distributed to all those that attend the religious services and teachings. Furthermore, we work in cooperation with a local Bide School, to train Bible students in the methods of street evangelism and propagating the gospel in the inner city. Overall, the above property is used to give individuals religious, charitable and educational experiences. At the present, the total assessed value of the organization's personal property is $ 5,271.00. The personal property taxes paid in the year of 2013 were a total of $235.73. See enclosed attachment Personal Property Tax Statement. In the future, we anticipate buying additional personal property in support of our ministry; therefore, we are requesting exemption for that personal property as well. Respectfully, %Scott Lyons President Roanoke Gospel Outreach Center Inc. Mailing Address PO Box 2904 Roanoke, VA 24001 Ph. 540 493 -4579 PhysicalAddress 9 Salem Avenue Roanoke, VA 24011 rgoutreach @yahooxom 'Roanoke Gospel VIRGINIA: Outreach Center IN THE COUNCIL OF THE CITY OF ROANOKE RE: PETITION FOR EXEMPTION FROM TAXATION OF CERTAIN PROPERTY PURSUANT TO ARTICLE X, SECTION 6(a)(6) OF THE CONSTITUIONF OF VIRGINA TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF ROANOKE: Your Petitioner, Roanoke Gospel Outreach Center Inc., a Virginia, non- stock, not for profit corporation owns certain personal property, located at 7 Salem Ave SW 7A & 9, in the City of Roanoke, Virginia, with a total assessed value of $5,271.00 and a total of $235.73 in personal property taxes that were paid in 2013, desires to be an organization designated pursuant to the provisions of Sec. 58.1 -3651, of the Code of Virginia, as amended, in order that the referenced personal property, to be used exclusively for charitable and benevolent purposes in ministering to the needs of the poor, addicts, and those that are in need of a change of lifestyle. We provide counseling services to give direction to those whose lives are in disarray and in need of Godly direction. In addition, we minister the gospel of the Lord Jesus Christ to those individuals mentioned above. Currently, the property is being used to conduct regular religious services for those that have received the gospel message. Time is allotted for teaching the Word of God, and discipleship in Christian principles weekly. Food and clothing are distributed to all those that attend the religious services and teachings. Furthermore, we work in cooperation with a local Bible School, to train Bible students in the methods of street evangelism and propagating the gospel in the inner city. Overall, the above property is used to give individuals religious, charitable, and educational experiences. Roanoke Gospel Outreach requests its personal property to be exempt from taxation under the provisions of Article X, Section 6(a)(6) of the Constitution of Virginia so long as it is operated not for profit and the property so exempted is used in accordance with the purpose for which the Petitioner is classified. The Petitioner also requests that any personal property purchased thereafter be exempt so long as it too is used in accordance with the purpose for which the Petitioner is classified. Mailing Address PO Box 2904 Roanoke,VA 24001 Ph. 540 -493 -4579 Physical Address 9SalemAvenue Roanoke,VA24011 rgoutreach, yahoo.com 'Roanoke Gospel Outreach Center 2. Your Petitioner agrees to provide information to the Director of Real Estate Valuation upon request to allow a triennial review of the tax - exempt status of your Petitioner. The following questions are submitted for consideration: (Q): Whether the organization is exempt from taxation pursuant to Section 501(c) of the Internal Revenue Code of 1954 (A): Your Petitioner was granted exemption from taxation pursuant to Section 501(c) of the Internal Revenue Code of 1954 on July 5 2005. 2. (Q): Whether a current alcoholic beverage license for serving alcoholic beverages has been issued by the Alcoholic Beverage Control Board to such organization for use on such property. (A): Roanoke Gospel Outreach Inc., does not and has no intentions of serving alcoholic beverages. 3. (Q): Whether any director, officer or employee of the organization has been paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer or employee actually renders. (A): None of our directors, officers or employees has been paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer or employee actually renders. (Q): Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions or, local, state or federal grants. As used in this subsection, donations shall include the providing of personal services or the contribution of in -kind or other material services. (A): None of the net earnings of this organization inures to the benefit of any individual. The organization is funded by good will offerings and donations completely. Mailing Address PO Box 2904 Roanoke,VA 24001 Ph. 540- 493 -4579 PhysicalAddress 9SalemAvenue Roanoke,VA24011 rgoutreach=yahoo.com j A 'Roanoke Gospel i J a Outreach Center (Q): Whether the organization provides services for the common good of the public. (A): Your Petitioner provides services for the common good of the public in as much as it provides charitable, religious and educational services to the public. We provide counseling and minister to all who would receive the Word of God. In addition, we help those who are poor and lives are in disarray, by providing food and clothing for them. We have religious services to all who are open to receive the Word of God. In addition, we have a monthly Bible study and discipleship classes. Furthermore, we teach on evangelism in word and in deed. 6. (Q): Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office. (A): Roanoke Gospel Outreach does not attempt to influence legislation and we do not participate, or intervene in any political campaign on behalf of any candidate for public office. (Q): Whether any rule, regulation, policy or practice of the organization discriminates on the basis of religious conviction, race, color, sex or national origin. (A): Roanoke Gospel Outreach does not discriminate on the basis of religious conviction, race, color, sex or national origin. 8. (Q): Whether there is a significant revenue impact to the locality and its taxpayers of exempting the property. (A): No, this is an inexpensive property and the exemption is appropriate due to the positive impact the organization has on the community. Mailing Address PO Box 2904 Roanoke, VA 24001 Ph. 540- 493 -4579 PhysicalAddress 9 Salem Avenue Roanoke, VA 24011 rgoutreach yahoo.com 'Roanoke Gospel Outreach Center 9. (Q): Any other criteria, facts and circumstances, which the governing body deems pertinent to the adoption of such ordinance. (A): Roanoke Gospel Outreach has been granted by the federal government a 501(c)3 status. The organization fully complies with its charitable non - profit status. It provides a necessary and beneficial service to the downtown community with a positive impact. Enclosed is a copy of the organizations newsletter. Therefore, your Petitioner, Roanoke Gospel Outreach Inc., respectfully requests to the Council of the City of Roanoke that this personal property, of your Petitioner be designated exempt from taxation so long as your Petitioner is operated not for profit and the property so exempt is used for the particular purposes of providing ministry to the poor, addicts and those that are in need of a change of lifestyle. We provide counseling services to give direction to those whose lives are in disarray and in need of Godly direction. In addition, we minister the gospel of the Lord Jesus Christ to those individuals mentioned above. Currently, the property is being used to conduct regular religious services. Time is allotted for teaching the Word of God, and discipleship in Christian principles. Food and clothing are distributed to all those that attend the religious services and teachings. Furthermore, we work in cooperation with a local Bible School, to train Bible students in the methods of street evangelism and propagating the gospel in the inner city. Overall, the above property is used to give individuals religious, charitable, and educational experiences. Respectfully submitting this 8 day Octob 2013 By: colt Lyons President Mailing Address PO Box 2904 Roanoke,VA 24001 Ph. 540-493-4579 Physical Address 9SalemAvenue Roanoke,VA24011 rgoutreach«yahoo.com STEPHANIE M. MOON, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 Far: (540) 853 -1145 E -mail: clerk(a roanokeva.gov JONATHAN E. CRAFT, CMC Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk November 19, 2013 Rebecca S. Parsons, Executive Director United Methodist Community Outreach Program of Roanoke, Virginia 305 Mountain Avenue, S. W. Roanoke, Virginia 24016 Dear Ms. Parsons: I am enclosing copy of Ordinance No. 39811 - 111813 exempting from personal property taxation certain personal property located in the City of Roanoke and owned by United Methodist Community Outreach Program of Roanoke, Virginia, an organization devoted exclusively to charitable or benevolent purposes on a non - profit basis. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 19, 2013, effective January 1, 2014. Sincerely, A4 n' vt�Y� Stephanie M. Moon, MMC City Clerk Enclosure pc: The Honorable Sherman Holland, Commissioner of the Revenue The Honorable Evelyn Powers, City Treasurer Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Susan Lower, Director, Real Estate Valuation Amelia C. Merchant, Director of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of November, 2013. No. 39811 - 111813. AN ORDINANCE exempting from personal property taxation certain personal property located in the City of Roanoke and owned by United Methodist Community Outreach Program of Roanoke, Virginia, an organization devoted exclusively to charitable or benevolent purposes on a non - profit basis; providing for an effective date, and dispensing with the second reading by title of this Ordinance. WHEREAS, United Methodist Community Outreach Program of Roanoke, Virginia, (hereinafter "the Applicant "), has petitioned this Council to exempt certain personal property of the Applicant from taxation pursuant to Article X, Section 6(6) of the Constitution of Virginia; WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Applicant's petition was held by Council on November 18, 2013; WHEREAS, the provisions of subsection B of Section 58.1 -3651, Code of Virginia (1950), as amended, have been examined and considered by the Council; WHEREAS, the provisions of subsection C of Section 58.1 -3651, Code of Virginia (1950), as amended have been satisfied with respect to exemption of personal property by classification; and WHEREAS, the Applicant agrees that the personal property to be exempt from taxation (a) is certain personal property, including machinery, tools, and equipment, which shall be used by the Applicant exclusively for charitable or benevolent purposes on a non -profit basis, and (b) for personal property that may be acquired by the Applicant shall be used by the Applicant exclusively for charitable or benevolent purposes on a non- profit basis. KAMeasures \Tax Exempt PP United Methodist Community Outreach Program of Roanoke, Virginia 112013.doe THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council classifies and designates United Methodist Community Outreach Program of Roanoke, Virginia, as a charitable, religious, or benevolent organization within the context of Section 6(6) of Article X of the Constitution of Virginia, and hereby exempts from personal property taxation current personal property and any future personal property acquired and owned by the Applicant, which property is used exclusively for charitable or benevolent purposes on a non -profit basis; continuance of this exemption shall be contingent on the continued use of the personal property in accordance with the purposes which the Applicant has designated or classified in its application. 2. This Ordinance shall be in full force and effect on January 1, 2014. 3. The City Clerk is directed to forward an attested copy of this Ordinance to the Commissioner of the Revenue, the City Treasurer, and to Rebecca S. Parsons, Executive Director, United Methodist Community Outreach Program of Roanoke, Virginia. 4. Pursuant to the provision of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: City Clerk. K Neasures\Tax Exempt PP United Methodist Commmnity Outreach Program of Roanoke, Virginia 11 2013.doc 1WCITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 18, 2013 Subject: Tax Exemption Request - United Methodist Community Outreach Program Background: The United Methodist Community Outreach Program of Roanoke, VA ( UMCOPR), a Virginia, non - stock, not - for - profit corporation owns certain personal property located at 305 Mountain Avenue, SW, Roanoke. The organization desires that its current personal property, as well as any personal property hereinafter acquired be designated and classified as exempt from personal property taxes pursuant to the provisions of the Code of Virginia. The mission of the organization is to provide a safe nurturing environment where children are mentored spiritually, mentally, physically, and emotionally. UMCOPR has ministered to downtown urban children and their families for almost 25 years. Begun by the United Methodist Women of Trinity United Methodist Church as a feeding ministry for children one evening a week, the program has grown and changed to meet three nights a week, provide transportation to and from, nine meals a week, tutoring, extracurricular activities, and Christian education. The organization's current personal property consists of a small amount of business equipment and three motor vehicles: a 1999 GMC Mini Bus, a 1996 Dodge van, and a 1995 Dodge van. At present, annual personal property taxes due on all the items are $533.75 on atotal assessed value of $1 5,471 . Considerations: On May 19, 2003, City Council approved a revised policy and procedure in connection with requests from non - profit organizations for tax exemption of certain property in the City by Resolution 36331- 051903, with an effective date of January 1, 2003. Based on this policy and procedure, the United Methodist Community Outreach Program of Roanoke, VA., has provided the necessary information required for applications for exemptions that would take effect January 1, 2014. As noted above, the assessed value of the personal property at 305 Mountain Avenue is currently $15,471 with annual taxes due of $533.75. The organization is current on its taxes. Consequently, the City would be foregoing the personal property tax revenue from the organization going forward. The Commissioner of the Revenue, Sherman Holland, has determined that United Methodist Community Outreach Program of Roanoke, VA., is currently not exempt from paying personal designation under the Code of Virginia. a 501(c)(3) tax - exempt organization. property taxes by classification or The IRS recognizes the organization as Notification of a public hearing to be held November 18, 2013, was duly advertised in the Roanoke Times. Recommended Action: Authorize United Methodist Community Outreach Program's exemption from personal property taxation pursuant to Article X, Section 6 (a) 6 of the Constitution of Virginia, effective January 1, 2014. J_�-------------------- Christopher P. Morrill City Manager Distribution: Council Appointed Officers Honorable Sherman A. Holland, Commissioner of the Revenue Honorable Evelyn W. Powers, City Treasurer R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Assistant City Manager for Operations Amelia C. Merchant, Director of Management and Budget Rebecca S. Parsons, Executive Director, United Methodist Community Outreach Program of Roanoke, VA, 305 Mountain Avenue, SW, Roanoke, VA 24016 2 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times - - - -- --- +------------------ - - - - -- CITY OF ROANOKE CLERK'S OFFICE 215 CHURCH 456 AVE SW ROANOKE VA 24011 REFERENCE: 32143302 13480223 State of Virginia City of Roanoke NPH - Tax Exempt UM I, (the undersigned) an authorized representative of the Times -World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City /County of Roanoke, Commonwealth /State of Vir 1 1a. Sworn and subscribed before me this ay of Nov.2013. Witness my hand and official seal. ` Notary Public xI \,,Itt tlllt fy �cENHF /L�'�, 'NOTARY '•�9% PUBLISHED ON: 11 /08 ��?.` p IC PEG 8332964 n TOTAL COST: 235.92 FILED ON: 11/14/13 NOTICE OF PUBLIC NEARING Notice is hereby given that the City Council of the City of Roanoke will hold a public hearing at its regular meeting to be held on November 18, 2013, commencing at 7:00 p.m., in the Council Chamber, 41h Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W.. Roanoke, Virginia on the question of adoption of an ordinance pursuant to Section 58.1 -3851, Code of Virginia (1950), as unity Outreach m of Roanoke, is, a nonprofit zation (1) for lion of Its personal Y, located at 305 Virginia as exempt taxation; and (2 classification of any ocalea at 3u5 Avenue, Roanoke, as exempt from al assessed value $593.75 for the 2013 tax year. Citizens shall have the opportunity to be heard and express their opinions on this matter. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office, 853 -2541, by 12:00 noon on Thursday, November 14, 2013. GIVEN under my hand this 4th pay of November, 2013. Stephanie M. Moon, (13480223) City Clerk. -- - - - - - - - - - - - - - — — -- — - - - - - - - - - - - - - - - - - - - - - - - — - - - - - - - - - - - - Authorize \ Signature: Billing Services Representative 1\ i NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of Roanoke will hold a public hearing at its regular meeting to be held on November 18, 2013, commencing at 7:00 p.m., in the Council Chamber, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia on the question of adoption of an ordinance pursuant to Section 58.1 -3651, Code of Virginia (1950), as amended, approving the request of United Methodist Community Outreach Program of Roanoke, Virginia, a nonprofit organization (1) for designation of its personal property, located at 305 Mountain Avenue, Roanoke, Virginia as exempt from taxation; and (2) for classification of any after acquired personal property to be located at 305 Mountain Avenue, Roanoke, Virginia as exempt from taxation. The total assessed value of the applicant's current personal property for tax year 2013 is $15,471.00, with a total personal property tax assessment of $593.75 for the 2013 tax year. Citizens shall have the opportunity to be heard and express their opinions on this matter. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office, 853 -2541, by 12:00 noon on Thursday, November 14, 2013. GIVEN under my hand this 4thday of November , 2013. Stephanie M. Moon, City Clerk. KM ASURESUAX EXFMPH NOTICE UM COMMUNITY OUTREACH PROGRAM OF ROANOKE VA 11 2013 PERSONAL PROPERTY ONLY DOC Notice to Publisher: Please publish once in the Roanoke Times on Friday, November 8, 2013. Send affidavit to: Stephanie M. Moon, MMC, City Clerk 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 (540) 853 -2541 Send Bill to: Rebecca Parsons, Executive Director United Methodist Community Outreach Program of Roanoke 305 Mountain Avenue, S. W. Roanoke, Virginia 24016 (540) 342 -3103 KrNOI ICES 2013 . NOVEMBER`:NPH -TAX EXEMPT UM COMMUNITY OUTREACH PROGRAM OF ROANOKE DOC �� ROANOKE DEPARTMENT OF MANAGEMENT & BUDGET Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 354 Roanoke, Virginia 24011 540.853.6800 fax: 540.853.2773 November 5, 2013 Ms. Rebecca S. Parsons Executive Director The United Methodist Community Outreach Program of Roanoke, VA 305 Mountain Avenue, SW Roanoke, VA 24016 Dear Ms. Parsons: The United Methodist Community Outreach Program of Roanoke, VA filed a petition in the City Clerk's Office on October 1, 2013 requesting exemption from taxation on personal property located at 305 Mountain Avenue, SW. The personal property is identified as a small amount of business equipment and three motor vehicles: a 1999 GMC Mini Bus, a 1996 Dodge van, and a 1995 Dodge van. Pursuant to the requirements of the Virginia Code, the City of Roanoke is required to hold a public hearing if it wishes to consider a petition for a tax exemption. At a regular session of the Roanoke City Council held on Monday, November 4, 2013, the Council approved a request of the City Manager to hold a public hearing on Monday, November 18, 2013, at 7:00 p.m., or as soon thereafter as the matter may be heard, to receive citizen comments on the request. Notices of a public hearing with regard to the matter will be published in the Roanoke Times. Your organization will be billed for the amount incurred for publishing the notices. I am forwarding you an initial draft copy of a Council Report dated November 18, 2013, from the City Manager's Office addressed to the Mayor and Members of City Council regarding the petition. Although we are recommending authorization for exemption from personal property taxation on the current property as well as any personal property hereinafter acquired, please be advised that the final decision with regard to the exemption rests with City Council. Council will also consider citizen comments from the public hearing. It is suggested that a representative from the organization be present at the public hearing on November 18th to respond to questions that may be raised regarding the petition. The session will be held in the City Council Chambers, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, vj S. W. You may wish to register with City Clerk staff at the desk outside Council Chambers immediately prior to the public hearing. If you have any questions regarding this information, please feel free to call me at 540 - 853 -1643 or email me at rb.lawhorn @roanokeva.gov. Sincerely, 4 6,Xt44,-, R. B. Lawhorn, Jr. Budget /Management Analyst Department of Management and Budget Enclosure c: /Stephanie M. Moon, City Clerk STEPHANIE M. MOON, MMC City Clerk Christopher P. Morrill City Manager Roanoke, Virginia Dear Mr. Morrill: CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerk@roanokeva.gov October 1, 2013 JONATHAN E. CRAFT, CMC Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk At a regular meeting of the Council of the City of Roanoke which was held on Monday, May 19, 2003, Resolution No. 36331- 051903 was adopted with regard to a new policy and procedure for processing requests from non - profit organizations to have property exempted from taxation, pursuant to Article X, Section 6(a)(6), Constitution of Virginia, and repealing Resolution No. 36148- 120202 adopted on December 2, 2002. I am attaching copy of a petition, which was filed in the City Clerk's Office on October 1, 2013, by United Methodist Community Outreach Program of Roanoke (UMCOPR), a Virginia non - stock, not - for - profit corporation, requesting exemption from taxation of personal property located at 305 Mountain Avenue, S. W., pursuant to Section 58.1- 3651, Code of Virginia (1950), as amended. Petitions forwarded by the City Clerk to the City Manager by April 15 for evaluation and recommendation to City Council will have an effective date of July 1st. Petitions forwarded by October 15th will have an effective date of January 1st. Sincerely, Stephanie M. Moon, MMC City Clerk SMM:aj Attachment Christopher P. Morrill October 1, 2013 Page 2 pc: Rebecca Parsons, Executive Director, United Methodist Community Outreach Program of Roanoke, 305 Mountain Avenue, S. W., Roanoke, Virginia 24016 The Honorable Sherman A. Holland, Commissioner of the Revenue Daniel Callaghan, City Attorney Susan S. Lower, Director, Real Estate Valuation R. B. Lawhorn, Budget Management Analyst, Office of Management and Budget , ,, t Y, I October 1, 2013 Ms. Stephanie Moon City Clerk, City of Roanoke 215 Church Ave. SW Room 456 Roanoke, VA 24011 Dear Ms. Moon, i MOUNTAIN • ROANOKE, VP 24016 (540) 342-3103 My name is Rebecca Parsons; I am a missionary serving the United Methodist Community Outreach Program of Roanoke, VA ( UMCOPR). Commissioned by the United Methodist Church in 2009, 1 serve in the role as executive director of UMCOPR. Our Letter to the City Commissioner of the Revenue requesting tax exemption was denied and we are seeking, through City Council, to have exemption from personal property tax as a non - profit charitable organization. UMCOPR is seeking tax exemption for all current personal property and any personal property acquired here after that falls within the mission of our organization. Our current personal property includes three vans I have listed the years, makes and VIN numbers : 1999 GMC Mini Bus 1GDHG31 R7X1143699; 1996 - Dodge 2B5WB35Z7TK133153; and 1995 Dodge Van 2B5WB35ZXSK531651. Sincerely, �6c C a 3 Pa)�"4t,_ Rebecca Parsons Executive director Enclosures: 7 Cc: R.B. Lawhorn, Department of Budget and Management VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE RE: PETITION FOR EXEMPTION FROM TAXATION OF CERTAIN PROPERTY PURSUANT TO ARTICLE X, SECTION 6(a)(6) OF THE CONSTITUTION OF VIRGINIA TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF ROANOKE: 1 b. Your Petitioner, The United Methodist Community Outreach Program of Roanoke, Virginia, non - stock, not for profit corporation owns certain personal property, located at 305 Mountain Ave S.W. in the City of Roanoke, Virginia, with a total assessed value of $15,471 and a total of $ $593.75 in personal property taxes that were paid or would have been paid in the most recent year, desires to be an organization designated pursuant to the provisions of Sec. 58.1 -3651, of the Code of Virginia, as amended, in order that the referenced personal property, to be used exclusively for charitable and benevolent purposes in improving the quality of life of inner city children living in poverty in the city of Roanoke, Virginia by providing tutoring, school supplies and programs such as You Feed Others (UFO) weekend meals, Clothing Closet, Christmas Angels and Camp. The Community Outreach Program strives to improve the quality of life of children and their families living in poverty and in the inner city by providing a safe and nurturing environment where all God's children are mentored academically, spiritually, emotionally, and physically. We request that the Personal Property used in provision of these services, including vehicles and furnishings, be exempt from taxation under the provisions of Article X, Section 6 (a)(6) of the Constitution of Virginia so long as your Petitioner is operated not for profit and the property so exempted is used in accordance with the purpose for which the Petitioner is classified. 1. Your Petitioner agrees to pay to the City of Roanoke, an annual service charge in an amount equal to twenty percent (20 %) of the City of Roanoke tax levy, which would be applicable to this real estate, were our organization not be tax exempt, for as long as this exemption continues. 1. Your Petitioner, if located within a service district, agrees to pay to the City of Roanoke an annual service charge equal to the additional service district tax that would be levied for as long as this exemption continues. Your Petitioner agrees to provide information to the Director of Real Estate Valuation upon request to allow a triennial review of the tax exempt status of your Petitioner. The following questions are submitted for consideration: 1. (Q): Whether the organization is exempt from taxation pursuant to Section 501 (c) of the Internal Revenue Code of 1954. (A): Your Petitioner was granted exemption from taxation pursuant to Section 501 (c) of the Internal Revenue Code of 1954 on July 2003. (see below) 2. (Q): Whether a current alcoholic beverage license for serving alcoholic beverages has been issued by the Alcohol Beverage Control Board to such organization for use on such property. (A): No. 3. (Q): Whether any director, officer or employee of the organization has been paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer or employee actually renders. (A): No. 4. (Q): Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions or, local, state or federal grants. As used in this subsection, donations shall include the providing of personal services or the contribution of in- kind or other material services. (A): No. 5. (Q): Whether the organization provides services for the common good of the public. (A): Your Petitioner provides services for the common good of the public in as much as it is improving the quality of life of inner city children living in poverty in the city of Roanoke, Virginia by providing transportation, tutoring, school supplies and programs such as You Feed Others (UFO) weekend meals, Clothing Closet, Christmas Angels and Summer Camp. The Community Outreach Program strives to improve the quality of life of children and their families living in poverty and in the inner city by providing a safe and nurturing environment where all God's children are mentored academically, spiritually, emotionally, and physically. 6. (Q): Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office. (A): No. 7. (Q): Whether any rule, regulation, policy or practice of the organization discriminates on the basis of religious conviction, race, color, sex or national origin. (A): No. 8. (Q): Whether there is a significant revenue impact to the locality and its taxpayers of exempting the property. (A): No. 9. (Q): Any other criteria, facts and circumstances, which the governing body deems pertinent to the adoption of such ordinance. (A): (Provide as necessary). Note: All Tax Exemption Petitions must be filed with the City Clerk's Office. THEREFORE, your Petitioner, The United Methodist Community Outreach Program of Roanoke, respectfully requests to the Council of the City of Roanoke that this real or personal property, or both, of your Petitioner be designated exempt from taxation so long as your Petitioner is operated not for profit and the property so exempt is used for the particular purposes of providing improving the quality of life of inner city children living in poverty in the city of Roanoke, Virginia by providing tutoring, school supplies and programs such as You Feed Others (UFO) weekend meals, Clothing Closet, Christmas Angels and Camp. The Community Outreach Program strives to improve the quality of life of children and their families living in poverty and in the inner city by providing a safe and nurturing environment where all God's children are mentored academically, spiritually, emotionally, and physically. Respectfully submitting this —Lday Oc4b�aCY, 2013. By: PG S Executive Director May 13, 2013 ti Mr. Sherman A Holland Commissioner of the Revenue City of Roanoke 215 Church Ave. SW Room 251 Roanoke, VA 24011 Dear Mr. Holland, 305 MOUNTAIN RYE. SW ROANOKE, VA 24016 (540) 342 -3103 COMMUNITYOUTREACNROANOKE.ORG UMCOPR@ROACOXMAIL.COM My name is Rebecca Parsons; I am a missionary serving the United Methodist Community Outreach Program of Roanoke, VA (C.O.P). Commissioned by the United Methodist Church, I serve in the role as executive director. I was assigned in 2009 as the fifth missionary to serve this mission project. Our mission is to provide a safe nurturing environment where all God's children are mentored spiritually, mentally, physically, and emotionally. We do not exclude anyone from participation in our programs and provide all our services at no cost to families. C.O.P. has ministered to downtown urban children and their families for almost 25 years. Begun by the United Methodist Women of Trinity United Methodist Church as a feeding ministry for children one evening a week, the program has grown and changed to meet three nights a week, provide transportation to and from, nine meals a week, tutoring, extracurricular activities, and Christian education. We continue to minister at Trinity United Methodist Church and most all of our cash and in kind funding comes from local churches, district, state, and global church organizations, as well as a great deal of funding coming from individuals and local organizations in the Roanoke community. With these resources we are able to serve a total of 80 children at Trinity UMC and two satellite programs at Fairview and West End United Methodist Churches each school year September- May. C.O.P. is seeking tax exemption for 3 of the vehicles used to transport supplies and children. The years, makes and VIN numbers are: 1999 GMC Mini Bus 1 GDHG31 R7X1 143699; 1996 -Dodge 2B5WB35Z7TK133153; and 1995 Dodge Van 2B5WB35ZXSK531651. I have included the Retail Sales and Use Tax Exemption Certificate from the State of Virginia, Virginia State Incorporation information, Federal Tax Exemption, and the 2012 financial report. Sincerely, Rebecca Parsons Executive director Enclosures: 4 Cc: R.B. Lawhorn, Department of Budget and Management IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA (J The 18th day of November, 2013. No. 39812 - 111813 AN ORDINANCE authorizing the City Manager to enter into a management agreement with Global Spectrum, LP, that includes a lease agreement, for a term of five (5) years, subject to a renewal term not to exceed five (5) years upon the mutual agreement of the parties, in connection with Global Spectrum, LP's proposed management of the Roanoke Civic Center; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on November 18, 2013, 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 the proposed lease. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized, to execute, in a form approved by the City Attorney, a management agreement with Global Spectrum, LP, that includes a lease agreement, in connection with Global Spectrum, LP's management of the Roanoke Civic Center, for a tern of five (5) years, subject to a renewal tern not to exceed five (5) years upon the mutual agreement of the parties, such term to commence on January 1, 2014. The agreement shall include the lease of 7,484 square feet, more or less, of City -owned property, to be used as office space, at the Roanoke Civic Center, located at 710 Williamson Road, N.E., Roanoke, Virginia, and designated as Official Tax Map No. 3024004, upon O- Global Spechvm Management and Lease Agreement -2014 — 11-18-13 certain terns and conditions, and as more particularly described in the City Council Agenda Report dated November 18, 2013. 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. rn ry O- Global spectrum Managanent and Lease Agreement -2014. 11- 18- 13.doc 2 CITY COUNCIL AGENDA REPORT qW To: Honorable Mayor and Members of City Council Meeting: November 18, 2013 Subject: Authorization to Execute a Management Agreement for the Roanoke Civic Center that Includes the Lease of Portions of the Roanoke Civic Center as Office Space Background: In January of 2009, the City entered into a five (5) year management agreement with Global Spectrum, LP for the management and operation of the Roanoke Civic Center. That agreement included a lease of portions of the Roanoke Civic Center as office space. The current contract will expire on December 31, 2013 for the management and operation of the Roanoke Civic Facilities complex. The City issued a Request for Proposal (RFP) in July for the management and operation of the Roanoke Civic Center. A selection committee representing the Civic Center Commission, Department of Management & Budget, Purchasing, and the City Manager's Office was established to review proposals and select the most qualified company. Interviews were conducted with two firms, Global Spectrum, L.P. and SMG, Inc. The Department of Management & Budget analyzed both financial proposals as well as benchmarked other localities that currently contract with the firms. The committee determined that Global Spectrum made the best proposal and that such proposal met both the financial and event management requirements. Negotiations for an agreement were conducted with Global Spectrum to provide the services referenced above. The proposed term of the agreement is for a period of five (5) years, beginning on January 1, 2014, with an option to renew for an additional period of time not to exceed five (5) years, subject to the mutual agreement of the parties. Considerations: City Council approval is required to execute the contract for the management and operation of the Roanoke Civic Center. Recommended Action: Following the public hearing, authorize (i) the City Manager to execute a contract with Global Spectrum, L.P. for the management and operation of the Roanoke Civic Center, including the lease of certain portions of the Civic Center for office space, with the agreement approved as to form by the City Attorney; and (ii) such further documents that may be necessary to carry out the terms of the agreement, such other documents approved as to form by the City Attorney. - -- - -------- - - - - -- C 1stopher P. Morrill City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Amelia C. Merchant, Director of Management & Budget 2 The Roanoke Times Roanoke, Virginia NOTICE OF PUBLIC Affidavit of Publication NEARING The City of Roanoke The Roanoke Times proposes to lease approximately 7,484 square -- - - - - - - - - - - - - - - - - - - - - - - - - feet more or less, of office____________ space to Global Spectrum, LP as part of a proposed management far CITY OF ROANOKE CLERK'S OFFICE the operation e end management of the 215 CHURCH 456 AVE SW (Roanoke Civic. Center, ROANOKE VA 24011 Road, N.E., Roanoke, subscribed before me this Witness my hand and Virginia, designated as official seal Official Tax Map No. nonexclusive and shall on concurrently with the term of the Agreement The Licensed Area shall consist of the 3024004 ( "Facility "), for an Initial term of five years, ity and shelliinclude, the Facility parking lot, commencing January 1, 2014, and ending 32143302 December 31, 2018. REFERENCE: subject to a renewal term 13475753 NOTICEOFPUBLICHEARIN not to exceed five additional right to use the concourses, years, commencing on ,- r (1F January 1, 2019, and upon spectator seating areas, (parking areas, loading the mutual agreement of State of Virginia the parties. - -G , The leased space consists City of Roanoke of the fallowing locations at HALL: Rooms 8, and I, (the undersigned) an authorized representative C -Total 554 square feet; g P ANNEX BUILDING: Rooms of the Times -World Corporation, which Corporation 324, 325, 3013A,3303, is ublisher of the Roanoke Times, a daily 304,318,319,311,312, P y 313, 314, 315, 316 -Total newspaper published in Roanoke, in the State of COLISEUM CONCOURSE Virginia, do certify that the annexed notice was C LEVEL: Rooms A, B, C, D, G, H. I, 1 -Total 2556 square published in said newspapers on the following feet: COLISEUM LOWER LEVEL: Rooms A, B, C -892 dates: square feet. Contractor agrees to use the Leased Area as office space and for no other ,urpose. Contractor Is City /County of Roanoke, Commonwealth /State of the purpose of the Management Agreement, Virginia. Sworn day of Nov.2013. and subscribed before me this Witness my hand and and the Contractor's obligations stated therein. Contractor acknowledges that such license is official seal \ .,,�- 33otary Public nonexclusive and shall on concurrently with the term of the Agreement The Licensed Area shall consist of the ity and shelliinclude, the Facility parking lot, along with the nonexclusive contained herein applying to the Leasetl Area shall right to use the concourses, 11 / 0 8 ,- r (1F Ilil�r I spectator seating areas, (parking areas, loading Virginia, 24011. Further information is available from the Office of the City Clerk for the City of Roanoke at (540) 853 -2541. Citizens shall have thel opportunity to be heard and express their opinions on; said matter. If you are a person with a disability who needs 'accommodations for this hearing, please contact the City Clerk's Office at (540) 853 -2541, before 12:001 noon on Thursd ay,l November 14, 2013. GIVEN under my hand this 31st day of October, 2013. Stephanie M. Moon, City Clerk 1(13475753) Nw areas and walkways of the Facility. The provisions fiGj'If7 contained herein applying to the Leasetl Area shall PUBLZ.n^HED ON: 11 / 0 8 ,- r (1F -_ also apply to the Licensed Areas-where applicable. - -G , Pursuant to the re q U l re m e n is of 4415.2 -1800 and 15.2 I 4813, Code of Virginia l ! as amended, notice .a 4_r�) L y ? �2 �- is here, C hereby given that the City t Council of the City of Roanoke will hold a public i hearing on the above TOTAL':'- 'OST: 420.00 _,. . -. matter at Its regular (meeting to be held on FILED "QN: 11/12/13 1M13, co November18, 2013, commencing at 7:00 1, i_ _________________________�__I.. �r _ -.� ______________i or ass the soon thereatler- the matter may be __________ - he heard, the Council s, Chambers, 4th Floor, Noel Authorized / signature: Signature: Billing Services Representative NOTICE OF PUBLIC HEARING The City of Roanoke proposes to lease approximately 7,484 square feet, more or less, of office space to Global Spectrum, LP, as part of a proposed management agreement for the operation and management of the Roanoke Civic Center, located at 710 Williamson Road, N.E., Roanoke, Virginia, designated as Official Tax Map No. 3024004 ( "Facility"), for an initial term of five years, commencing January 1, 2014, and ending December 31, 2018, subject to a renewal term not to exceed five additional years, commencing on January 1, 2019, and upon the mutual agreement of the parties. The leased space consists of the following locations at the Civic Center: EXHIBIT HALL: Rooms B, and C -Total 554 square feet; ANNEX BUILDING: Rooms 321, 322, 323A, 323B, 324, 325, 301, 302, 303, 304, 318, 319, 311, 312, 313, 314,315,316-Total 3482 square feet; COLISEUM CONCOURSE LEVEL: Rooms A, B, C, D, G, H,1, J- Total 2556 square feet; COLISEUM LOWER LEVEL: Rooms A, B, C -892 square feet. Contractor agrees to use the Leased Area as office space and for no other purpose. Contractor is further licensed to use the remainder of the areas located at the Facility that are necessary to carry out the purpose of the Management Agreement, and the Contractor's obligations stated therein. Contractor acknowledges that such license is nonexclusive and shall run concurrently with the term of the Agreement The Licensed Area shall consist of the entirety of the Facility and shall include, the Facility parking lot, along with the non - exclusive right to use the concourses, spectator seating areas, parking areas, loading areas and walkways of the Facility. The provisions contained herein applying to the Leased Area shall also apply to the Licensed Areas where applicable. Pursuant to the requirements of § §15.2 -1800 and 15.2 -1813, Code of Virginia (1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Monday, November 18, 2013, commencing at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chambers, 4`h Floor, Noel C. Taylor Municipal Building, Room 450, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. Further information is available from the Office of the City Clerk for the City of Roanoke at (540) 853 -2541. Citizens shall have the opportunity to be heard and express their opinions on said matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853 -2541, before 12:00 noon on Thursday, November 14, 2013. GIVEN under my hand this 31 stday of October 2013. Stephanie M. Moon, City Clerk Notice to Publisher: Please publish once in the Roanoke Times on Friday, November 8, 2013. Send affidavit to; Send Bill to: Stephanie M. Moon, City Clerk City of Roanoke 215 Church Avenue, S.W., Room 456 Attn: Office of the City Manager Roanoke, VA 24011 215 Church Ave, SW, Room 364 (540) 853 -2541 Roanoke, Virginia 24011 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of November, 2013. No. 39813- 111813 AN ORDINANCE authorizing the City Manager to execute Amendment One to the agreement for the purchase and sale of real property, dated September 18, 2012 ( "Agreement'), by and between the City of Roanoke, Virginia ( "City "), and 5311 Holdings, LLC ( "5311 Holdings "), which provides for the conveyance of a portion of City -owned property designated as Official Tax Map No. 1130901, to conform the Agreement with the intent of the parties; and dispensing with the second reading by title of this ordinance. WHEREAS, the City and 5311 Holdings, entered into the Agreement for the sale of City -owned property located at 802 Wiley Drive, S.W., Roanoke, Virginia, and designated as a portion of Official Tax Map No. 1121401, commonly known as the Old Transportation Museum Site, as authorized by Ordinance No. 39512- 091712, which contract provided only for conveyance of Official Tax Map No. 1121401, WHEREAS, a subdivision plat was subsequently prepared by the parties dated October 17, 2013, which created Lot IA, the parcel intended to be conveyed by the parties to 5311 Holdings pursuant to the terms of the Agreement, WHEREAS, the subdivision plat revealed that Lot IA included a small portion of an adjoining parcel of City -owned property designated as Official Tax Map No. 1 ] 30901, the conveyance of which was not reflected in the sales agreement between the parties, or authorized by Council in the prior ordinance, O- Amendment One -802 Wiley Dr to 5311 Holduigs LLCI I -I8 -13 WHEREAS, the parties desire that City Council authorize the conveyance of that portion of Official Tax Map No. 1130901 which comprises a portion of Lot IA, to 5311 Holdings, and amend the Agreement to conform the description of the property to be conveyed to 5311 Holdings with the intent of the parties; and WHEREAS, a public hearing was held on November 18, 2013, 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 conveyance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized to execute Amendment One to the the Agreement, which provides for the conveyance of that portion of Official Tax Map No. 1130901 which comprises a part of Lot IA as shown on the subdivision plat entitled "Resubdivision Plat for City of Roanoke, Virginia, Showing 4.41 Acres (D.B. 632, Page 50) and 1.703 Acre (D.B. 632, Page 50) Map Showing Properties Acquired for Bridge Site (D.B. 632, Page 54 and Roanoke City Plan No. 3238) Creating Hereon Parcel 1A 1.0790 Acres, Parcel 2A 4.0467 Acres, Right of Way 0.3286 Acre, Situate 802 Wiley Drive, S.W., City of Roanoke, Virginia," dated October 17, 2013, to 5311 Holdings, and which conforms the description of the property in the Agreement to reflect the intent of the parties; as more fully described in the City Council Agenda Report dated November 18, 2013 and the subdivision plat attached to such report. All documents shall be upon form approved by the City Attorney. 0-Amendment One -802 Wiley Dr to 5311 Holdings LLC.I 1 -18 -13 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: City Clerk. O- Amendment One -802 Wiley or to 5311 Holdings LLCJ 1 -18 -13 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 18, 2013 Subject: Public Hearing to Amend the Sale of City -Owned Property Located at 802 Wiley Drive, S.W. Background: On September 18, 2012, City Council and 5311 Holdings, LLC entered into an Agreement for the Purchase and Sale (Agreement) of a 1.079 -acre portion of the parcel, Tax Map No. 1121401, and associated improvements located at 802 Wiley Drive, S.W. Council approved this Agreement with reference to the City selling only a portion of Tax Map No. 1121401. In preparation for the subsequent transaction, Purchaser's engineer created a subdivision plat to create a new parcel based on the map exhibit included in the approved Agreement (see attached). The plat revealed that a small portion of City -owned property designated as Tax Map No. 1130901 was also included in the property to be conveyed to 5311 Holdings, LLC, but was not specifically referenced in the original sale documents or City Council authorization. A public hearing is required pursuant to section 15.2 -1800 of State Code in order to conform the Agreement to the intent of the parties by including a portion of Tax Map No. 1130901 in the Agreement. At its regular session on November 4, 2013, Council authorized this public hearing. Recommended Action: Absent comments at the public hearing needing further consideration, approve the attached Amendment One to the Agreement to include a portion of Tax Map No. 1130901 in the proposed sale under the Agreement to conform Council approval to the intent of the parties, and authorize the City Manager to execute Amendment One that is substantially similar to the attached Amendment One and take such other actions to effectuate Amendment One. ristopher P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Susan S. Lower, Director, Real Estate Valuation Wayne F. Bowers, Director, Economic Development Marc B. Nelson, Special Projects Coordinator, Economic Development AMENDMENT ONE TO AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY BETWEEN CITY OF ROANOKE AND 5311 HOLDINGS, LLC, DATED SEPTEMBER 18, 2013 This Amendment One ( "Amendment One ") to "Agreement for Purchase and Sale of Real Property Between City of Roanoke, Virginia, and 5311 Holdings, LLC" ( "Agreement') dated September 18, 2012, is dated this day of ,2013, by and between the City of Roanoke, Virginia, a Virginia municipal corporation ( "Seller "),and 5311 Holdings, LLC, a Virginia limited liability company( "Purchaser "); RECITALS: WHEREAS, by the terms of the Agreement, Purchaser agreed to purchase from Seller, and Seller agreed to sell to Purchaser, certain real estate containing 1.079 acres, more or less, located at 802 Wiley Drive in the City of Roanoke, Virginia, and known as a portion of Roanoke Tax Map No. 1121401 ( "Property "), WHEREAS, an aerial photograph of the Property was included in the Agreement as an exhibit to further describe the property, WHEREAS, a subdivision plat was subsequently prepared by the parties to further define the boundaries of the Property, and it was discovered that the Property consisted of an additional portion of property owned by the Seller designated as a portion of Roanoke Tax Map No. 1130901 which additional portion was not reflected in the description of the Property contained in the Agreement; and WHEREAS, the parties desire to amend Agreement to clarify the description of the Property, and to replace the aerial photograph of the Property with the subdivision plat. NOW, THEREFORE, in consideration of the agreements and mutual promises contained in the Agreement and stated below, the parties agree as follows: 1. The definition of the term 'Property" in Section 1, Definitions, of the Agreement is hereby amended to read and provide as follows: "Property" shall mean the 1.079 -Acre portion of the lot or parcel of land and improvements thereon, known as the Old Transportation Museum Site," which is shown on Exhibit 2 attached hereto and made a part hereof, and being portions of Roanoke City Tax Map Nos. 1121401 and 1130901. 1 2. Exhibit 2 to the Agreement is hereby replaced with the Subdivision Plat titled "Resubdivision Plat for City of Roanoke, Virginia, Showing 4.41 Acres (D.B. 632, PG. 50) and 1.703 Acre (D.B. 632, PG. 50) Map Showing Properties Acquired for Bridge Site (D.B. 632, PG 54 and Roanoke City Plan No. 3238) Creating Hereon Parcel 1A 1.0790 Acres, Parcel 2A 4.0467 Acres, Right of Way 0.3286 Acre Situate Wiley Drive, S.W. ", dated May 16, 2013, revised October 17, 2013, prepared by Caldwell White Associates, a copy of which is attached to this Amendment One and incorporated by reference herein. 3. Except as expressly set forth above in this Amendment One, all of the other provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have signed this Amendment One by their authorized representatives. WITNESS/ ATTEST: PURCHASER 5311 Holdings, LLC, a Virginia limited liability company Printed Name and Title Wesley Best, Managing Member SELLER ATTEST: CITY OF ROANOKE, VIRGINIA, a Virginia municipal corporation City Clerk By Christopher P. Morrill, City Manager Appropriation and Funds Required for this Agreement Certified: Director of Finance Account # Approved as to form: Assistant City Attorney 2 9 alit g t X rr g� pRR gR Rig RR Nei �gR�a i� $R RR8� Ile g VO � „� b k R° RRU ERR AN F >a 2Pn$ Foy 4 RR� gg� y�CRg� '�R 6��� u QF 11102 �;° 999 R. x g @@ 6 2mq -6 a $��g$ppR '1a� �iR g °� 7 8 q89 B RFFay a„ e pZ 0 � > � � � •'� G7 itN�$2� yg, h1 MI R - Zr b� S tl 4 V ♦ u y k a Y �q g _� / n Y ^i 1 xh� I ,� � � IS Nj2NNM3 NN ip iN Y ��� ``. t�J I jllr® Np 1 y 1i P snmmmmmi insi [�i\ - �\r� ra= �dG Ir fs Ab 7A oil rp PIP. m C q Sid a yi L/ / 8g R tt � 4IR- N m 7Y"yy1'Y�1��NY��' 1MyY47i V `ONVb NY 00'Tn�NN flMSaa�Qe�a��y�ur�Eyy4NO� 1���o��ta��Iiee�oY� %�, pYbdt�6tka`kR�Ma���x.a`tg N mH Pn �,Pi %ipL RAURP Mh°�C� p�`bf'y% y�I�Y YyyYN �LL��y°te �Y'L ;f�[2 Y NDRMpV d ffi.aa_�a 4L�a:x ati� mo NN23NN3 NNN32222q22 imEEEEmEii mE EE EE nE B�yg$�;:YCY:8��y5�" �q g _� / n Y ^i 1 xh� I ,� � � IS Nj2NNM3 NN ip iN Y ��� ``. t�J I jllr® Np 1 y 1i P snmmmmmi insi [�i\ - �\r� ra= �dG Ir fs Ab 7A oil rp PIP. m C q Sid a yi L/ / 8g R tt � 4IR- N m 7Y"yy1'Y�1��NY��' 1MyY47i V `ONVb NY 00'Tn�NN flMSaa�Qe�a��y�ur�Eyy4NO� 1���o��ta��Iiee�oY� %�, pYbdt�6tka`kR�Ma���x.a`tg N mH Pn �,Pi %ipL RAURP Mh°�C� p�`bf'y% y�I�Y YyyYN �LL��y°te �Y'L ;f�[2 Y NDRMpV d ffi.aa_�a 4L�a:x ati� mo , ■ | , � �! || |,| Ph |g |4 �� .. ! ■.! ,9�) §■ al \�� \ / | ■ 3 ■k$ � \ $ � \ � \ ' § . � � §! \ \2a § ix $921 :vV is § 999 1 §]§ 4 (§§ |�• ■$. .... ,� , ■ | , � �! || |,| Ph |g |4 �� .. ! ■.! ,9�) §■ al \�� \ / | ■ 3 ■k$ � \ $ � \ � \ ' § . � � §! \ \2a § ix $921 :vV § 999 1 §]§ 4 (§§ |�• ■$. .... ,� §■ qq \Rhq§■ The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times -------------------------------------------------- +------------------ - - - - -- CITY OF ROANOKE CLERK'S OFFICE 215 CHURCH 456 AVE SW ROANOKE VA 24011 REFERENCE: 32143302 13476178 State of Virginia City of Roanoke NPH - 802 Wiley Dr R I, (the undersigned) an authorized representative of the Times -World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City /County of Roanoke, Commonwealth /State of �Vir ia. Sworn and subscribed before me this ay of Nov.2013. Witness my hand and off c /i�al seal. V Notary Public PUBLISHED ON: 11/08 tta U: U;�ry � P °.. NOTARY e : GUOUC 9 * : REG. #332964 MY COMMISSION 4: TFI NOTICE OF PUBLIC NEARING The City of Roanoke proposes to convey a portion of City owned properly, located at 802 Wiley Drive, SW, Roanoke, Virginia, which portion is a part of the property designated as Roanoke City. Official Tax Map No.' 1130901, to 5311, Holdings, LLC, whichl operates East Coasters 3icycle Shop. The property) s more particularlyl iascribed as than parr n1 a portion of Lot 1A, as shown on the plat entitled "Resubdivsion Plat for City of Roanoke, Virginia, 5 h owl og 4.41 Acres (D.B 632, Page 50) and 1.703 Acre (D. B. 632, Page 50) Map Showing Pro allies Acquired for Bridge Site (D.B. 632, Page 54 and Roanoke City Plan No. ..uey unve ",a of which plat is table for public ction in the Office of ty Clerk for the City of tke, Virginia, located 5 Church Avenue, S. wile 456 , Roanoke, a 24011-1536 LA also consists of a on of City owned rty designated as !at Tax Map No. 401, which was ized by City Council to nveyed to 5311 P, LLC, pursuant to a ublic hearing held on rber17,2012, This ty formerly housed rginia Museum of iortatlon, and has acant since 1985. bldings, LLC intends :ate s business to :ation, and use the ty for a retail and Pursuant to the r e q u l r e m e n is of §415.2 -1800 and 15.2 -1813, Code of Virginia (1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular' meeting to be held on Monday, November 18, 2013, commencing at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, 4th Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. Further information is available from the Office of Roanoke at (54U) 853 -2541. Citizens shall have the opportunity to be heard and express their opinions on said matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853 -2541, before 12:00 noon on Thursday, November 14, 2013. GIVEN under my hand this 31st day of October, 2013. Stephanie M. Moon, City Clerk TOTAL COST: 379.44 FILED ON: 11/14/13 -------------------------------------------------- +--------- ------ --- - - - - -- Authorized Signature: Billing Services Representative NOTICE OF PUBLIC HEARING The City of Roanoke proposes to convey a portion of City -owned property, located at 802 Wiley Drive, SW, Roanoke, Virginia, which portion is a part of the property designated as Roanoke City Official Tax Map No. 1130901, to 5311 Holdings, LLC, which operates East Coasters Bicycle Shop. The property is more particularly described as that part of Official Tax Map No. 1130901, which comprises a portion of Lot 1 A, as shown on the plat entitled "Resubdivsion Plat for City of Roanoke, Virginia, Showing 4.41 Acres (D.B 632, Page 50) and 1.703 Acre (D.B. 632, Page 50) Map Showing Properties Acquired for Bridge Site (D.B. 632, Page 54 and Roanoke City Plan No. 3238) Creating Hereon Parcel IA 1.0790 Acres, Parcel 2A 4.0467 Acres, Right of Way 0.3286 Acre, Situate 802 Wiley Drive ", a copy ofwhich plat is available for public inspection in the Office of the City Clerk for the City of Roanoke, Virginia, located at 215 Church Avenue, S. W., Suite 456 , Roanoke, Virginia 24011 -1536 Lot IA also consists of a portion of City owned property designated as Official Tax Map No. 1121401, which was authorized by City Council to be conveyed to 5311 Holdings, LLC, pursuant to a prior public hearing held on September 17, 2012. This property formerly housed the Virginia Museum of Transportation, and has been vacant since 1985. 5311 Holdings, LLC intends to relocate its business to this location, and use the property for a retail and restaurant business. Pursuant to the requirements of § §15.2 -1800 and 15.2 -1813, Code of Virginia (1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Monday, November 18, 2013, commencing at 7:00 p.m., or as soon thereafter as the matter maybe heard, in the Council Chamber, 4th Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. Further information is available from the Office of the City Clerk for the City of Roanoke at (540) 853 -2541. Citizens shall have the opportunity to be heard and express their opinions on said matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853 -2541, before 12:00 noon on Thursday, November 14, 2013. GIVEN under my hand this3l st day of Q tnhp, , 2013. Stephanie M. Moon, City Clerk PH sale of city property 802 Wiley or to 5311 Holdings, LLC Notice to Publisher: Please publish once in the Roanoke Times on Friday, November 8, 2013. Send affidavit to; Send Bill to: Stephanie M. Moon, City Clerk City of Roanoke — Economic Development 215 Church Avenue, S.W., Room 456 Attn: Mark Nelson Roanoke, VA 24011 117 Church Avenue, S.W. (540) 853 -2541 Roanoke, Virginia 24011 PH sale of city property — 802 Wiley or to 5311 Holdings, I.LC IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of November, 2013. No. 39814 - 111813. A RESOLUTION authorizing the proper City officials to make a boundary amendment to the City's Enterprise Zone Two that will delete certain areas within it; authorizing the City Manager to apply to the Virginia Department of Housing and Community Development (VDHCD) for approval of such boundary amendment; and authorizing the City Manager to take such further action as may be necessary to obtain and implement such boundary amendment. WHEREAS, the State has notified localities that any Enterprise Zone that expires on December 31, 2015, is not likely to be renewed. Enterprise Zone Two and its Subzones A and B will expire on December 31, 2015, and it is not anticipated to be renewed, thereby eliminating program eligibility for all current property owners and business owners in Enterprise Zone Two and its Subzones A and B; WHEREAS, there are certain areas currently located within the City's Enterprise Zone Two that would benefit by deleting them from Enterprise Zone Two and including such areas within Enterprise Zone One A's Subzone B; WHEREAS, the deletion of certain areas as part of the City's Enterprise Zone Two, as set forth above, has a potential to continue to stimulate significant private sector investment within the City in Enterprise Zone One A's Subzone B to which such businesses will be redesignated and industrial investment can continue in the area; and 1 WHEREAS, this Council, acting in its capacity as the governing body of the City of Roanoke, has held a public hearing on the above mentioned proposed boundary amendment, at which public hearing citizens and parties in interest were afforded an opportunity to be heard on such proposed boundary amendment to Enterprise Zone Two. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke is hereby applying for an amendment to the City's Enterprise Zone Two, which amendment will delete certain areas currently within such Zone area. Such boundary amendment is more fully shown on the map(s) attached to the City Council Agenda Report dated November 18, 2013, and more fully described in such Report. 2. The City Manager is hereby authorized to apply, on behalf of the City, to the VDHCD for the above mentioned boundary amendment to the City's existing Enterprise Zone Two pursuant to the applicable provisions of the Virginia Enterprise Zone Grant Act, as amended, which boundary amendment will delete certain areas currently within Enterprise Zone Two, all as more fully set forth in the above mentioned Agenda Report. 3. Council hereby certifies that it held a public hearing as required by the Virginia Enterprise Zone Grant Act Regulations. 4. The City Manager is authorized to submit to the VDHCD all information necessary for the application for the boundary amendment to the City's Enterprise Zone Two for the Department's review and consideration and to take such further action as may Y] be necessary and /or execute any additional documents as may be necessary to meet other program requirements or to establish the boundary amendment as set forth above. The City Clerk is authorized to execute and attest any documents that may be necessary or required for the application or for the provision of such information. Such authority shall continue throughout the life of such Zone Two. 5. Any such approved boundary amendment will be retroactive to the date as provided by such approval from the VDHCD. 3 ATTEST: —6, City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of November, 2013. No. 39815 - 111813. A RESOLUTION authorizing the proper City officials to make boundary amendments to the City's Enterprise Zone One A and its Subzones A and B that will delete certain areas currently within them; that will delete in its entirety Subzone A to Enterprise Zone One A; that will add certain areas not currently within them to Enterprise Zone One A and its Subzone B; authorizing the City Manager to apply to the Virginia Department of Housing and Community Development (VDHCD) for approval of such boundary amendments; and authorizing the City Manager to take such further action as may be necessary to obtain and implement such boundary amendments. WHEREAS, there are certain areas currently located within the City's Enterprise Zone One A and its Subzones A and B that are not utilizing and are not benefiting from the inclusion of such areas within such Zone areas; WHEREAS, there are certain areas currently located outside the City's Enterprise Zone One A and its Subzone B that are contiguous to them that are not currently a part of such Zone areas, but that can be added to them and that will benefit from the designation of those additional areas as part of such Zone areas, as set forth in the City Council Agenda Report dated November 18, 2013; WHEREAS, deletion of the entirety of Enterprise Zone One A's Subzone A strategically removes underutilized areas in such Subzone A that will then allow for the addition of active 1 acreage that is being deleted from Enterprise Zone Two, together with the addition of one parcel that is being deleted from Subzone A of Enterprise Zone One A; WHEREAS, the Virginia Enterprise Zone Grant Act of 2005, as amended, authorizes the amendment of existing Enterprise Zone areas to delete and to add areas to such Zone and its noncontiguous Subzones, thereby making qualified business firms within such areas eligible for Enterprise Zone benefits; WHEREAS, the deletion of certain areas and the addition of certain areas as part of the City's Enterprise Zone One A and its Subzones A and B, as set forth above, has a potential to stimulate significant private sector investment within the City in areas where such business and industrial growth could result in much needed growth and revitalization; and WHEREAS, this Council, acting in its capacity as the governing body of the City of Roanoke, has held a public hearing on the above mentioned proposed boundary amendments, at which public hearing citizens and parties in interest were afforded an opportunity to be heard on such proposed boundary amendments to Enterprise Zone One A, its Subzone B, and the deletion in its entirety of its Subzone A. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke is hereby applying for amendments to the City's Enterprise Zone One A and its Subzones A and B, which amendments will delete certain areas currently within Zone One A and its Subzone B and which will add to Zone One A and its Subzone B additional areas which are currently outside such Zone areas. Such boundary amendments will also delete in its entirety Enterprise Zone One A's 2 Subzone A. Such amendments are more fully shown on the map(s) attached to the City Council Agenda Report dated November 18, 2013, and more fully described in such Report. 2. The City Manager is hereby authorized to apply, on behalf of the City, to the VDHCD for the above mentioned boundary amendments to the City's existing Enterprise Zone One A and its Subzones A and B pursuant to the applicable provisions of the Virginia Enterprise Zone Grant Act, as amended, which boundary amendments will delete certain areas currently within Zone One A and its Subzone B, delete in its entirety Zone One A's Subzone A, and add to Zone One A and its Subzone B certain areas not currently within them, all as more fully set forth in the above mentioned Agenda Report. 3. Council hereby certifies that it held a public hearing as required by the Virginia Enterprise Zone Grant Act Regulations. 4. The City Manager is authorized to submit to the VDHCD all information necessary for the application for the boundary amendments to the City's Enterprise Zone One A and its Subzones A and B, including the deletion in its entirety of Subzone A, for the Department's review and consideration and to take such further action as may be necessary and /or execute any additional documents as may be necessary to meet other program requirements or to establish the boundary amendments as set forth above. The City Clerk is authorized to execute and attest any documents that may be necessary or required for the application or for the provision of such information. 3 Such authority shall continue throughout the life of such Zone One A and its Subzone C 5. Local incentives applicable for Enterprise Zone One A and its Subzone B shall also be applicable for any new areas covered by such approved boundary amendments. 6. Any such approved boundary amendments will be retroactive to the date as provided by such approval from the VDHCD. ATTEST: City Cl.ork. G~ CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 18, 2013 Subject: Approval of Enterprise Zone One A and Enterprise Zone Two and their Subzones Amendment Applications Background: Since the designation of the City Enterprise Zones, both Enterprise Zone One A and Enterprise Zone Two and their Subzones have had amendments to their zone boundaries and local incentives. In accordance with state regulations regarding boundary deletions, each zone can have a maximum acreage deletion of fifteen percent of the current zone size. Enterprise Zone One A and Enterprise Zone Two and their Subzones are eligible for such acreage deletion. In an effort to best utilize Enterprise Zone incentives, City staff recommends boundary amendments set forth below that would delete 197 acres from Zone One A and its Subzone B, including the deletion of the entirety of Zone One A's Subzone A, and deletion of 203 acres from Zone Two. Such transitions between acreages in the Enterprise Zones are in anticipation of the expiration of Enterprise Zone Two on December 31, 2015, and that the State will not renew Zone Two. Additionally, in accordance with state regulations regarding boundary size, each zone has a maximum acreage limit equal to seven percent of total City acreage. Enterprise Zone One A and its Subzone B have less than the seven percent limit and are eligible to be expanded. In an effort to best utilize Enterprise Zone incentives, City staff recommends boundary amendments as set forth below that would add an additional 3.5 acres to Zone One A and 195 acres to Zone One A's noncontiguous Subzone B. Considerations: The Zone One A boundary deletion amendment includes 3 acres of properties fronting the north and south sides of Campbell Avenue, SW and SE, the north side of Church Avenue SW, and south side of Salem Avenue SW representing 11 and 335 Campbell Avenue, SW, 121 Church Avenue, SW, 110 Salem Avenue, SW, 6 acres consisting of property at the corner of Roanoke Avenue, SW, and Bedford Street, SW, along the Roanoke River north of Railroad Avenue, SW, 14 acres consisting of property on the north side of Shenandoah Avenue, NW, south of Centre Ave, NW, and east of Gainsboro Road, NW, on the north and south sides of Madison Avenue, NE, and along the east and west sides of Sydnor Circle, NE and NW, 7 acres consisting of property on the west side of Williamson Road, NE, south of Wayne Street, NE, and 20 acres consisting of property on the south side of Westside Boulevard, NW, and along the south side of Baker Avenue, NW, 51 acres consisting of property at the north -east intersection of Peters Creek Road, NW, and Shenandoah Avenue, NW, along Peters Creek Road, NW, on the north and south sides of the intersection with Melrose Avenue, NW, and on the south side of Melrose Avenue, NW, west of the intersection with Peters Creek Road, NW, 16 acres consisting of property along Orange Avenue, NE, on the east and west sides of the intersection with Williamson Road, NE, and on the north side of Orange Avenue, NE east of the intersection with 11 `" Street, NE, including properties on the east side of 1 It' Street, NE, 14 acres consisting of property along the south side of Norfolk Avenue, SE, from near 1211 Street, SE, to its terminus, also property adjacent to the intersection of 14`h Street, SE, except for the south -east corner, and a property along the north side of Wise Avenue, SE, near 181 Street, SE. A total of 131 acres will be deleted from Enterprise Zone One A. The Zone One A boundary deletion of the entirety of the Zone's Subzone A includes 59 acres of properties fronting the east and west sides of Franklin Road, SW, south of Edinburgh Street, SW, the south side of McClanahan Street, SW, and the south side of Roberts Road, SW, from 3130 Franklin Road, SW, to 250 Reserve Avenue, SW. The Zone One A Subzone B boundary deletion of 7 acres consists of property along the south side of Blue Hills Drive, NE, with the address 1970 Blue Hills Drive, NE. The Zone Two boundary deletion amendment deletes 8 acres consisting of property located along the north side of Blue Hills Drive, NE, the east side of Blue Hills Village Drive, NE, and the southeast side of Orange Avenue, NE, adjacent to the City /Roanoke County boundary, 106 acres consisting of property located in Statesman Industrial Park fronting the east and west sides of Seibel Drive, NE, from address 1529 Seibel Drive, NE, through the road's terminus, property adjacent to the north side of Nicholas Avenue, NE, including properties 2922 and 3030 Nicholas Avenue, NE, properties located within the blocks bordered on the west by Siebel Drive, NE, south of Nicholas Avenue, NE, north and south of Mary Linda Avenue, NE, and north of Sleepy Drive, NE, and 89 acres consisting of property fronting the north and south sides of Blue Hills Drive, NE, and adjacent to the north and south of Blue Hills Village Drive, NE. A total of 203 acres will be deleted from Enterprise Zone Two. Deleting the above properties from the City's Enterprise Zone One A and its Subzones A and B and Enterprise Zone Two will create additional opportunities for utilizing the program for other areas of the City where growth and revitalization is anticipated. A map showing each boundary deletion amendment is attached hereto and will also be on file in the City Clerk's Office (Attachment 1) (The blue boxes represent the boundary deletions from Zone One A and its Subzones A and B. The green boxes show the acreage deleted from Zone Two. The red area covering parts of Blue Hills Drive, NE, Siebel Drive, NE, Nicholas Avenue, NE, and Mary Linda Avenue, NE, represent 2 properties being deleted from Zone Two and amended into Zone One A's Subzone B.) The Zone One A boundary addition amendment adds 1 acre consisting of property fronting the west side of Williamson Road, NW, between Lyndhurst Street, NW, and Chatham Street, NW, with the address 3016 Williamson Road, NW, and 0.50 acre consisting of property fronting Centre Avenue, NW on the north east corner of the intersection with 711 Street, NW, 2 acres consisting of property at the southeastern corner of the intersection of Franklin Road, SW, and Reserve Avenue, SW, with the address 250 Reserve Avenue, SW. A total of 3.5 acres will be added to Enterprise Zone One A. The Zone One A Subzone B addition amendment adds 106 acres consisting of property located in Statesman Industrial Park fronting the east and west sides of Seibel Drive, NE, from address 1529 Seibel Drive, NE, through the road's terminus, property adjacent to the north side of Nicholas Avenue, NE, including properties 2922 and 3030 Nicholas Avenue, NE, properties located within the blocks bordered on the west by Siebel Drive, NE, south of Nicholas Avenue, NE, north and south of Mary Linda Avenue, NE, and north of Sleepy Drive, NE, and 89 acres consisting of property located in the Roanoke Centre for Industry and Technology fronting the north and south sides of Blue Hills Drive, NE, and adjacent to the north and south sides of Blue Hills Village Drive, NE. A total of 195 acres will be amended into Enterprise Zone One A's Subzone B. Adding the above properties to the City's Enterprise Zone One A and its Subzone B will generate additional opportunities for revitalization where buildings and sites are currently vacant or underutilized. A map showing each boundary amendment is attached hereto and will also be on file in the City Clerk's Office (Attachment 1). (The red boxes along Williamson Road, NW, and Centre Street, NW, represent properties being added to Zone One A. The red area covering parts of Blue Hills Drive, NE, Siebel Drive, NE, Nicholas Avenue, NE, and Mary Linda Avenue, NE, represent properties amended into Zone One A's Subzone B after first being deleted from Zone Two). In accordance with the Virginia Department of Housing and Community Development's Virginia Enterprise Zone Program regulations, the local governing body must hold at least one public hearing affording citizens and interested parties an opportunity to be heard before submitting an amendment application to the Department for consideration. Such public hearing is being held at Council's regular 7:00 p.m. meeting on November 18, 2013. Upon approval by City Council, the boundary amendments will be submitted to the Virginia Department of Housing and Community Development (VDHCD). Such amendments are subject to approval by the VDHCD. If approved, the amendments will be retroactive to a date approved by the VDHCD. 3 Recommended Action: Absent comments at the public hearing requiring further consideration, City Council adopt the appropriate measures to modify, as set forth above, the boundaries of Enterprise Zone One A and its Subzone B, and Enterprise Zone Two and delete Enterprise Zone One A's Subzone A, all subject to approval by the VDHCD, with an effective date retroactive to a date approved by the VDHCD, as set forth above (Note: Council will first act on deletions from Enterprise Zone Two since some of this acreage will be amended into Enterprise Zone One A's Subzone B). Furthermore, City Council authorize the City Manager to apply to the VDHCD for approval of the above mentioned amendments and to take such further action and /or to execute such additional documents as may be needed to obtain or confirm such amendments and to meet the Program requirements throughout the life of the Zones. - - -- -- -------- - - - - -- hr' ' pher P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Wayne Bowers, Director, Economic Development Brandon S. Turner, Econ. Develop. Specialist, Economic Development 11 U O vT }l �I )3 r ° 'Sl d p� r t , i �„'fc; D x m n N » O m w9 O D�a 9 M 0 N N D = O Z a30 3 m m m '� of Y �, , x `S � � •a..a- ld eeo r� ZT� z ^. k o / s4 {fP�gt kr •e ti 9 R - r t , D x m n N » O m w9 O D�a 9 M 0 N N D = O Z a30 3 m m m '� of Y �, , x `S � � •a..a- ld eeo r� ZT� z ^. k o / s4 {fP�gt kr •e ti 9 A a n o � E Z ry� �i' ,,,�,a � � � , :.�„ Y... _. ®A .,� ��, yet �.,y, ,�`• .� ', r v" i s 4� r v" i The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times ------------------------------------------------- - + - - -- CITY OF ROANOKE CLERK'S OFFICE 215 CHURCH 456 AVE SW ROANOKE VA 24011 REFERENCE: 32143302 13477422 State of Virginia City of Roanoke NOTICEOFPUBLICHEARIN I, (the undersigned) an authorized representative of the Times -World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City /County of Roanoke, Commonwealth /State of 1����Vir ra. Sworn and subscribed before me this ?�Elay of Nov.2013. Witness my hand and official /seaall�/�� //,, I� n',n �iAA /I �t // CL—A/I PYM_ VA Notary Public PUBLISHED ON: 11/04 11 /11 ,01 `McEtVyF� PUBLIC RE - #332964 'AC * MY COMMISSION Q TOTAL COST: 4,104.72 FILED ON: 11/14/13 ------------------ +--- -�fe -- - Authorized �- Signature: Billing Services Representative C) h f h I it acre, and allows for a opportunities are limited. consisting of property Roanoke, Virginia 24011, Chnstlaraburg, VA 24073 minimum lot size of 20,000 The property l5 zoned Light located In Statesman phone number (540) VPDES PERMIT NUMBER: square feet when served by 853 -5405. Please contact VA0024031 either public water or Industrial and Heavy Industrial Park fronting the Brandon S. Turner at the FACILITY NAME AND Industrial east and west sides of sewer; the PRO district above number if you want LOCATION: Shawsvllle Soirees Drive NE, tram ,allows for varlo us to see lfaspedfic piece of Sewage Treatment Plant 4.approximately delete from Zone One address 1529 eibel Drive i residential densities and properly is involved In this (STP), 4300 Riffs Street uses. The ids district ri ty ct A of pr party on road, rough the adjacent the matter. PROJECT DESCRIPTION: permits o wide variety of consisting n o r t t property on the n property adjacent to The MCPSA has applied for retail, commercial, and the north h s tl e o f the north side of Nicholas A copy of maps and other Belssuance of a permit for Shenandoah nt Avenue NW, Avenue NE, Including service related uses, and documents describing the the public STP. The allows for a minimum lot east t of Centre Ave ad and Nicholas Avenue NE, end proposed area of the applicant proposes to size of 15;000 square fget af Gnorth ra Road NW, Nicholas Avenue NE, antl Enterprise Zone One A and release treated sewage when served by public water on the north and south properties located within Enterprise Zone Two wastewaters at a rate of or sewer. The property Is sltles of lon th Madison Avenue the blocks bordered by the amendments, and the other 200,000 gallons a day Into NE NE, and along the east and west of S ichol Drive Avenue located n 13843 Moneta west sides 8f Sytlnor Circle south of Nicholas Avenue matters referred to above, a water body. Sludge from Rode, Moneta, VA. Tax Map NE and NW, with Tax Map NE, north and south of Mary are on file and may be the treatment process will Numbers: 222 -A -2 and numbers 2013601, Linda Avenue NE, and north reviewed by the public In be stabilized, dewatered, 222A -2C. 2022202, 2022203, of Sleepy Drive NE, with Tax the Office of the City Clerk, and disposed in a landfill. 2022204, 2022205, Map numbers 7140105, Room 456, Noel C. Taylor The facility proposes to The Board ea in Supervisors 2022206, 2022207, 7140107, 7140108, Municipal Building, 215 release the treated sewage public hearing will be held 2022208, 2022209, 7140109, 7140117, Church Avenue, S.W., wastewaters in the in the Bedford County 2022301. 3022820, 7140118, 7140119, Roanoke, Virginia 24011 Roanoke River's South Fork Administration Building tludng business hours. In Montgomer County in 3022930, 3022931. The 7140121, 7190101, Boardroom, A. E. copy the Roane a River SL, Bedford. VA. A copy of ac deletion s o consists of several 7190102, 7190103, All parties and Interested watershed. A watershed Is acres of parking garage 7190104, 7190105, the application is available citizens may appear on the the land area into by a owned by the City of 7190301, 7190302, far public if the e ten at the above date and If heard on river and Its permit will Roanoke, and several acres 7190303, 7190304, office of the County these matters. If you area streams. The permit will Department Administrator and the has where been non- xiste mile 7190305. 7190306, person accommodations who IImI[ the following of Department of Community has been non -existent property 7190307, 7190308. nestleaccommodationsfor pollutants to amounts that Development, located in the not possible. Downtown, Light 7190309, 7190310, this hearing, please tooted protect water quality: B e d 1 o r tl C o u n t y is zone Downtown, Light 7190401, 7190402, the City Clerk's Office, at bacteria, nutrients, organic Administration Building. Industrial, and Commercial 7190403, 7190404. (540) 853 -2541, before matter, solids. 122 E. Main St., Bedford, General. 7 190405, 7 190407. 12;00 noon on the Thursday HOW TO COMMENT 7190408, 7190501, V A telephone before the date of the AND /OR REQUEST A 540- 586 -7616. Persons A approximately Zone One 7190502, 7190604, hearing listed above. PUBLIC HEARING: DEC A approximately 7 acres 7190605, 7200101, affected may appear and accepts comments and consisting of property on 72letion is due 6. This will be provided opportunity GIVEN under my hand this requests for public hearing the west side t Williamson Wayne deletion is due to the to present their views. gaatl NE, south of Wayne anticipated expiration of 30th day of October, 2013 by e-mail, fax or postal (13481066) Street NE, which has the Enterprise Zone Two on mall. All comments and Tax Map number 7. December 31, 201 requests must be In writing formal 5, and Stephanie M. Moon, and be received by DEQ The property has formally that me stale will not renew CMC City Clerk during the comment period. utilized the zone; however, Zone sad. This property is Submittals must include the • no further utilization all this tine into Enterprise pr be amended One (13477422) • names, mailing addresses NOTICE OF PUBLIC anticipatetl at this time. into Enterprise Zone One and telephone numbers of HEARING The property is zoned A's Subzs Ae B. This Commercial Large Site. property is zoned Light the commenter/requester Industrial. and of all persons 630 delete from Zone One represented by the Notice is hereby given that commenter /requester. A A approximately 20 acres 3.TO tlelate from Zone Two the Council of the City of �3p[ [ reused for public hearing Roanoke will m tt public consisting of property de approximately 89 acres NDIIYL OF must also include: a The the south side of and along consisting of properly �vT� p hearing on the matters set Boulevard south side antlalong fronting the north and south TRDJIGErJ p ■L[ reason whyepublic hearing forth below at its regular J SALE is requested. 2) A brief, the south sloe of Baker sides of Blue Hills Drive NE, meeting lobe held on Avenue Ns with Tax Map and adjacent site the north 2407 Cornell Drive informal statement Monday, November 18, r regarding the nature and numbers 6021104, and south Sides of Blue 2013, commencing at 7:00 extent of the Interest of the P.m. local lime, or as soon 2510102, 2510104, Hills Village Drive NE, with Roanoke, �s'f errna requester or of those thereafter as the matters 2510105 510111. 2510129, 7160115, 7160117, 2401[.210:1 =resented by the may be heard, in the 2510301. 2510303, 7160118, 7160119, requestor, including how Council Chambers, 4th 2510306. The deletion 7160120, 7210103, and to what extent such Floor, Room 450, in the consists of property where 7210106, 7210107. This In execution of that certain interest would be directly Noel C Taylor Municipal and adversely affected by utilization of the zone has deletion of this property is deed of trust in the original Building. 215 Church the permit. 3) Specific been non- eThepror in not due xp to the of Enterprise ,0amount,of Ay a giniaW.. Roanoke, a n eke, to termsa nd con possible, passible. The property is expiration of Enterprise 598,000.00 tlaletl February Virginia . Further to permit with suggested zoned Residential Zane Two on December 3l, 6, 2006 and recorded information Office on is available in me permit with suggested Multi- Family, Light 2015, and that the state amen the land records of the Office of me City Clerk, g revisions. held, public hearing Brandon S. Torirem Intlustrial, antl Heavy will notrenew proposed t. the City of Roanoke, may er omm Including Brandon a Turner, Industrial. This endeynoEnteredte Virginia, as Instrument Public response nseQ it Economic Development Zone One A's Number 060001971st public response Is 7.TO delete from Zone One Zone One A's Subzone B. amended by an Instrument Specialist, (540)853 -5405. significant, based on A approximately 51 acres This property is zoned Light appointing the undersigned public Individual he requests her e consisting of property at the I n tl u s t r i a l a n d as Substituted Trustee, Pursuant to the provisions northeast intersection of Commercial- General. default having been made public hearing, and there of the rant Ala Enterprise - are substantial, t to the Peters Creek Road NW, and in the payment of the Zone Grant Act, Sections Issues relevant to the Shenandoah Peter Avenue NW, of E amend a Zones One A Indebtedness thereby Peters Creek Road of Enterprise Zone One A secured and having been permit. 59.1 -538, et seq., Code of along Virginia (1950), as NW, on the north and south and its Subzone B by requested to de so by the CONTACT DOCUMENT U amended, the City of sides of the Intersection adding additional acreage holder of the note COMMENTS, Roanoke proposes to make with Melrose Avenue NW, as Indicated below: evidencing the said R E Q U E 5 T S A N D Department of Mous�ng an and on the south side of indebtedness,the ADDITIONAL Tae; DEC Blue Ridge Melrose Avenue NW, west l.To add to the current undersigned Substituted Community Development or the etersection with Znne One A annrnxlmatelV .....- gill „ff- f-..i... Regional Dffu9, 3019 \I NOTICE OF PUBLIC HEARING Notice is hereby given that the Council of the City of Roanoke will hold a public hearing on the matters set forth below at its regular meeting to be held on Monday, November 18, 2013, commencing at 7:00 p.m., local time, or as soon thereafter as the matters may be heard, in the Council Chambers, 4th Floor, Room 450, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Further information is available in the Office of the City Clerk, (540) 853 -2541, or from Brandon S. Turner, Economic Development Specialist, (540) 853 -5405. Pursuant to the provisions of the Virginia Enterprise Zone Grant Act, Sections 59.1 -538, et seq., Code of Virginia (1950), as amended, the City of Roanoke proposes to make applications to the Virginia Department of Housing and Community Development for the matters set forth below. A. To amend the boundaries of Enterprise Zone One A and its Subzones A and B by deleting acreage as indicated below: 1. To delete from Zone One A approximately 3 acres consisting of properties in the downtown area, including properties fronting the north and south sides of Campbell Avenue SW and SE, the north side of Church Avenue SW, and south side of Salem Avenue SW, with Tax Map numbers 1010829, 1011615, 4010205, and 4010805. The deletion consists of several acres of parking garages owned by the City of Roanoke and the Art Museum of Western Virginia where utilization of the zone is not anticipated. The area is zoned Downtown. 2. To delete from Zone One A the entirety of its Subzone A consisting of approximately 59 acres of properties fronting the east and west sides of Franklin Road SW, south of Edinburgh Street SW, south side of McClanahan Street SW, and the south side of Roberts Road SW, which have the Tax Map numbers 1040201, 1040403, 1050101, 1050105, 1050106, 1070601, 1150201, 1150202, 1150203, 1150204, 1150205, 1150206, 1160102, 1160104, 1160107, 1160108, 1160119, 1160124, 1160128, 1160129, 1160130, 1160132, 1280602, 1280603, 1280604, 1280605, 1280613, 1280615, 1280616, 1280617, 1280618, 1280619, 1290106, 1290108, 1290110, 1290121, 1290137, 1290138, 1290211, 1290212, 1290213, 1290218, 1300409, 1300410, 1300411, 1300412, 1300413, 1300501, 1300502, 1300511, 1300513, 1300514, 1300517, 1300519, 1300520. The deletion consists of acreage where utilization of the zone programs has been non - existent. This deletion will remove one noncontiguous zone from Zone One A, allowing for the future creation of a new noncontiguous zone within Zone One A. The property is zoned Mixed Use, Commercial - General, and Light Industrial. To delete from Zone One A approximately 6 acres consisting of property at the corner of Roanoke Avenue SW, and Bedford Street SW, and along the Roanoke River north of Railroad Avenue SW, with Tax Map numbers 1321901 and 1510105. The deletion consists of property where utilization of the zone has been non - existent or property is located within a floodplain and development opportunities are limited. The property is zoned Light Industrial and Heavy Industrial. 4. To delete from Zone One A approximately 14 acres consisting of property on the north side of Shenandoah Avenue NW, south of Centre Ave NW and east of Gainsboro Road NW, on the north and south sides of Madison Avenue NE, and along the east and west sides of Sydnor Circle NE and NW, with Tax Map numbers 2013601, 2022202, 2022203, 2022204, 2022205, 2022206, 2022207, 2022208, 2022209, 2022301, 3022820, 3022930, 3022931. The deletion consists of several acres of parking garage owned by the City of Roanoke, and several acres where utilization of the zone has been non - existent or not possible. The property is zoned Downtown, Light Industrial, and Commercial General. To delete from Zone One A approximately 7 acres consisting of property on the west side of Williamson Road NE, south of Wayne Street NE, which has the Tax Map number 3070317. The property has formally utilized the zone; however, no further utilization is anticipated at this time. The property is zoned Commercial -Large Site. 6. To delete from Zone One A approximately 20 acres consisting of property on the south side of Westside Boulevard NW, and along the south side of Baker Avenue NW, with Tax Map numbers 6021106, 2510102, 2510104, 2510105, 2510106, 2510111, 2510129, 2510301, 2510303, 2510306. The deletion consists of property where utilization of the zone has been non - existent or is not possible. The property is zoned Residential Multi - Family, Light Industrial, and Heavy Industrial. To delete from Zone One A approximately 51 acres consisting of property at the northeast intersection of Peters Creek Road NW, and Shenandoah Avenue NW, along Peters Creek Road NW, on the north and south sides of the intersection with Melrose Avenue NW, and on the south side of Melrose Avenue NW, west of the intersection with Peters Creek Road NW, with Tax Map numbers 2760901, 2760903, 2761701, 2761703, 6030107, 6030108, 6030117, 6070101, 6070102, 6070103, 6070104, 6071103. The deletion consists of several acres where utilization of the zone programs has previously occurred and is not anticipated in the foreseeable future, or the utilization of the zone programs has been non - existent. The property is zoned Commercial -Large Site, and Commercial - General. 8. To delete from Zone One A approximately 16 acres consisting of property along Orange Avenue NE, on the east and west sides of the intersection with Williamson Road NE, and on the north side of Orange Avenue NE, east of the intersection with 11th Street NE, including properties on the east side of 111h Street NE, with Tax Map numbers 3020201, 3070901, 3070903, 3020202, 3020204, 3020205, 3050101, 3050102, 3050103, 3050104, 3050107, 3061504, 3061505, 3061506. The deletion of this property consists of several acres of land owned by the City of Roanoke and several acres where utilization of the zone program has been non - existent. The property is zoned Commercial -Large Site and Light Industrial. 9. To delete from Zone One A approximately 14 acres consisting of property along the south side of Norfolk Avenue SE, from near 12th Street SE, to its terminus, also property adjacent to the intersection of 14th Street SE, except for the south -east corner, and a property along the north side of Wise Avenue SE, near 18th Street SE, with Tax Map numbers 4110202, 4110203, 4110204, 4110205, 4110501, 4110503, 4110504, 4110505, 4110506, 4110507, 4110508, 4110517, 4110518, 4110519, 4210101, 4210102, 4210103, 4210104, 4210108, 4210109, 4210110, 4210111, 4210112, 4210128, 4210129, 4210130, 4210131, 4210132, 4210201, 4210202, 4210203, 4210204, 4210205, 4210206, 4210210, 4210211, 4210212, 4210213, 4210214, 4210215, 4210216, 4210217, 4210218, 4210219, 4210220, 4210301. The deletion of this property consists of several acres of land that has been acquired by the Commonwealth of Virginia for a road construction project, along with several acres where utilization of the zone program has been non - existent. The property is zoned Light Industrial. 10. To delete from Zone One A's Subzone B approximately 7 acres consisting of property along the south side of Blue Hills Drive NE, with Tax Map number 7230104. The deletion of this property consists of several acres where utilization of the zone program has been non - existent. The property is zoned Light Industrial. B. To amend the boundaries of Enterprise Zone Two by deleting acreage as indicated below: 1. To delete from Zone Two approximately 8 acres consisting of property located along the north side of Blue Hills Drive NE, the east side of Blue Hills Village Drive NE, and the southeast side of Orange Avenue NE, adjacent to the City /Roanoke County boundary with Tax Map numbers 7110106, 7110122, 7160116, 7160121. This deletion is eliminating newly constructed structures that did not utilize the zone programs along with parcels that will no longer be contiguous to the zone where development is unlikely at this point. This property is zoned Commercial - General. 2. To delete from Zone Two approximately 106 acres consisting of property located in Statesman Industrial Park fronting the east and west sides of Seibel Drive NE, from address 1529 Seibel Drive NE, through the end of the road, property adjacent to the north side of Nicholas Avenue NE, including properties 2922 and 3030 Nicholas Avenue NE, and properties located within the blocks bordered by the west of Siebel Drive NE, south of Nicholas Avenue NE, north and south of Mary Linda Avenue NE, and north of Sleepy Drive NE, with Tax Map numbers 7140105, 7140107, 7140108, 7140109, 7140117, 7140118, 7140119, 7140121, 7190101, 7190102, 7190103, 7190104, 7190105, 7190301, 7190302, 7190303, 7190304, 7190305, 7190306, 7190307, 7190308, 7190309, 7190310, 7190401, 7190402, 7190403, 7190404, 7190405, 7190407, 7190408, 7190501, 7190502, 7190604, 7190605, 7200101, 7200104, 7200106. This deletion is due to the anticipated expiration of Enterprise Zone Two on December 31, 2015, and that the state will not renew Zone Two. This property is proposed to be amended into Enterprise Zone One A's Subzone B. This property is zoned Light Industrial. 3. To delete from Zone Two approximately 89 acres consisting of property fronting the north and south sides of Blue Hills Drive NE, and adjacent to the north and south sides of Blue Hills Village Drive NE, with Tax Map numbers 7160115, 7160117, 7160118, 7160119, 7160120, 7210103, 7210106, 7210107. This deletion of this property is due to the anticipated expiration of Enterprise Zone Two on December 31, 2015, and that the state will not renew Zone Two. This property is proposed to be amended into Enterprise Zone One A's Subzone B. This property is zoned Light Industrial and Commercial - General. C. To amend the boundaries of Enterprise Zone One A and its Subzone B by adding additional acreage as indicated below: 1. To add to the current Zone One A approximately 1 acre consisting of property fronting the west side of Williamson Road NW, with the address 3016 Williamson Road NW, with Tax Map number 2070414. This extension will incorporate property that has been developed into a retail establishment with previous intention to be included into the zone. This property is zoned Commercial - General. Such property is contiguous to property located in Zone One A. 2. To add to the current Zone One A approximately 0.50 acre consisting of property fronting Centre Avenue NW, on the north east corner of the intersection with 7`' Street NW, with Tax Map numbers 2112213, 2112214, 2112215, 2112216. This extension will fully incorporate the property into the zone that is owned by an existing business. The existing business plans to construct a new office facility on this site. This property is zoned Urban Flex. Such property is contiguous to property located in Zone One A. 3. To add to the current Zone One A approximately 2 acres consisting of property at the southeastern corner of the intersection of Franklin Road SW, and Reserve Avenue SW, with Tax Map number 1040201. This addition will incorporate property that has been deleted from Zone One A's Subzone A and is targeted for future development. This property is zoned Institutional Planned Use Development. To add to the current Subzone B of Zone One A approximately 106 acres consisting of property located in Statesman Industrial Park fronting the east and west sides of Seibel Drive NE, from address 1529 Seibel Drive NE, through the end of the road, property adjacent to the north side of Nicholas Avenue NE, including properties 2922 and 3030 Nicholas Avenue NE, and properties located within the blocks bordered on the west of by Siebel Drive NE, south of Nicholas Avenue NE, north and south of Mary Linda Avenue NE, and north of Sleepy Drive NE, with Tax Map numbers 7140105, 7140107, 7140108, 7140109, 7140117, 7140118, 7140119, 7140121, 7190101, 7190102, 7190103, 7190104, 7190105, 7190301, 7190302, 7190303, 7190304, 7190305, 7190306, 7190307, 7190308, 7190309, 7190310, 7190401, 7190402, 7190403, 7190404, 7190405, 7190407,7190408,7190501,7190502 ,7190604,7190605,7200101, 7200104, 7200106. This addition to Subzone B will allow for incorporation of industrial and commercial property to Zone One A as it targets future development. This property is zoned Light Industrial. 5. To add to the current Subzone B of Zone One A approximately 89 acres consisting of property located in the Roanoke Centre for Industry and Technology fronting the north and south sides of Blue Hills Drive NE, and adjacent to the north and south sides of Blue Hills Village Drive NE, with Tax Map numbers 7160115, 7160117, 7160118, 7160119, 7160120, 7210103, 7210106, 7210107. This addition to Subzone B will allow for incorporation of industrial and commercial property to Zone One A as it targets future development. This property is zoned Light Industrial and Commercial - General. A copy of the maps, a list of Tax Map numbers of the properties involved in the amendments referred to above, and the local incentives currently offered in Zone One A and Zone Two and their Subzones are available for public inspection in the City's Department of Economic Development offices at 117 Church Avenue, S.W., Roanoke, Virginia 24011, phone number (540) 853 -5405. Please contact Brandon S. Turner at the above number if you want to see if a specific piece of property is involved in this matter. A copy of maps and other documents describing the proposed area of the Enterprise Zone One A and Enterprise Zone Two amendments, and the other matters referred to above, are on file and may be 4 reviewed by the public in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011 during business hours. All parties and interested citizens may appear on the above date and be heard on these matters. 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 the Thursday before the date of the hearing listed above. GIVEN under my hand this 30th day of October 2013 Stephanie M. Moon, CIVIC City Clerk Note to Publisher: Please publish twice in The Roanoke Times, once on Monday, November 4, 2013, and once on Monday, November 11, 2013. Send Publisher's Affidavit: Send Bill to: City Clerk Rob Ledger 456 Noel C. Taylor Municipal Building Economic Development Manager 215 Church Avenue, S.W. Department of Economic Development Roanoke, VA 24011 City of Roanoke 117 Church Avenue, S.W. Roanoke, VA 24011 AFFIDAVIT TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE PROPOSED BOUNDARY AMENDMENTS TO ENTERPRISE ZONE ONE A AND ITS SUBZONES A AND B AND TO ENTERPRISE ZONE TWO: COMMONWEALTH OF VIRGINIA ) ) TO -WIT: CITY OF ROANOKE ) The affiant, Melissa Murray, first being duly sworn, states that she is Administrative Assistant for Roanoke City's Department of Economic Development, and as such is competent to make this affidavit of her own personal knowledge. Affiant states that, pursuant to the provisions of Section 15.2 -2204, Code of Virginia, (1950), as amended, on behalf of the Economic Development Department of the City of Roanoke, she has sent by first -class mail on October 30, 2013, notices of a public hearing to be held on November 18, 2013, on the proposed Boundary Amendments to Enterprise Zone One A and its Subzones A and B and to Enterprise Zone Two to the property owners and /or business owners and /or their agent of the parcels listed on the attached sheets (Attachment A) at their last known address as shown by the records of the City of Roanoke, Virginia. A copy of the notice is attached as Attachment B. Melissa Murray 1 PUBLIC Reg, #322284 •': My Commieelon Expires Q LTM COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to -wit: I, fkkfllaC M. Wksz- , a notary public, in and for the City of Roanoke, Commonwealth of Virginia, do hereby certify that Melissa Murray, whose name is signed to the foregoing, personally appeared before me and made oath that the same is true to the best of her knowledge, information and belief. GIVEN under my hand this 3�* day of October 2013. My commission expires hl X2017 Notary Public Registration No. -39—'0 2 Enterprise Zone Amendments - 2013 Boundary Amendments Attachment A to Affidavit by Melissa Murray on October 30, 2013 Properties to be Deleted from Enterprise Zone One A or its Subzone's A and B Business/Owner 1011615 1010829 Lancor Parking, LLC 233 Peachtree St NE Ste 2600 Atlanta GA 30303 2013601 1011615 1010829 1040201 3020202 3020204 3020205 City Of Roanoke, Virginia 121 Church Ave SW Roanoke VA 24011 4210217 4210218 4210220 4010805 7230104 7230104 Roanoke Cooperative Association, LTD 1319 Grandin Road Roanoke VA 24015 1040403 Triple S Realty Company 1948 Franklin Rd SW D Ste Roanoke VA 24014 1050101 Daniel L. Beamer 536 McClanahan St SW Roanoke VA 24014 1050101 Soccer Stop, Inc. 536 McClanahan St SW Roanoke VA 24014 1050105 VB Land, LLC 2132 Franklin Rd SW Roanoke VA 24014 1050106 First - Citizens Bank & Trust Company P.O. Box 27131 Raleigh NC 27611 1070601 Emma Rose Property, LLC 2814 Franklin Rd SW Roanoke VA 24014 1150201 K. Wayne and Beverly A. Booth 2326 Franklin Rd SW Roanoke VA 24014 1150201 Waynes Imported Automotive 2326 Franklin Rd SW Roanoke VA 24014 1150202 Toni Gravely - Chase Morgan 2240 Franklin Rd SW Roanoke VA 24014 1150203 Progressive Telecommunication, Inc. 2312 Franklin Rd SW Roanoke VA 24014 1150203 Samuel M. Garst 378 Calypso Rd Moneta VA 24121 1150204 Southern Print and Copy Co. 2406 Franklin Rd SW Roanoke VA 24015 1150204 Michael J. & Angela R. Paplomatas 5065 Williamsburg Ct Roanoke VA 24018 1150206 Harry Gerald Garrett 247 Thompson Rd SE Floyd VA 24091 1150206 Southern Photo Print of VA P.O. Box 8186 Roanoke VA 24014 1160102 Body Sense Day Spa 2502 Franklin Rd SW Roanoke VA 24014 1160102 Howard Leslie Clayton 2502 Franklin Rd SW Roanoke VA 24014 1160104 1160107 Ronnie L. Young P.O. Box 1928 Lexington SC 29071 1160108 1160104 Medi Home Care P.O. Box 2431 Lexington SC 29071 1160119 Ren LC 898 Triangle St Blacksburg VA 24060 1160119 Burger King #343 - ERW Inc. 910 Triangle Street Blacksburg VA 24060 1160124 Totally Digital, LLC 2740 Franklin Rd SW, SE 7 Roanoke VA 24014 1160124 Frank R & Mary Elizabeth Radford 2772 Electric Rd 1 Ste Roanoke VA 24018 1160128 Fairlawn Enterprises 2602 Franklin Rd Roanoke VA 24014 1160128 Exam Services, LLC 3200 Evergreen Ln, SW Roanoke VA 24018 1160129 Babies & Children 2710 Franklin Rd SW Roanoke VA 24014 1 Attachment A to Affidavit by Melissa Murray on October 30, 2013 Business /Owner Name Business Address City State T Zip 1160129 Fred E. & Anne H. Willis 2710 Franklin Rd SW Roanoke VA 24014 1160130 R H F Rentals LLC P.O. Box 1174 Roanoke VA 24006 1160132 Curtis P. Flint 2726 Franklin Rd SW Roanoke VA 24014 1160132 Flints Service Center, Inc. 2726 Franklin Rd SW Roanoke VA 24014 1280602 Carillon Clinic Properties, LLC 213 S Jefferson St Ste 720 Roanoke VA 24011 1280602 Carilion Laundry Service P.O. Box 12385 - Kathy Smith Roanoke VA 24014 1280603 Twenty Seven Forty Three Franklin Road 2743 Franklin Rd SW Roanoke VA 24014 1280603 1300513 Valley Cadillac, Inc. P.O. Box 8068 Roanoke VA 24014 1300514 1280604 Katz Family Properties I LLC 2613 Franklin Rd SW Roanoke VA 24014 1280605 Weigh Station, Inc. 1600 Roanoke St Ste D Christiansburg VA 24073 1280605 Goodpasture Properties LLC 1630 Braeburn Dr B Ste Salem VA 24153 1280605 Fit Studio 365 2601 Franklin Rd SW Roanoke VA 24014 1280605 Salon Del Sol 3101 Northside Ave Richmond VA 23228 1280613 Berglund Chrysler Jeep 2525 Franklin Rd SW Roanoke VA 24014 1280615 Katz Family Properties I LLC 6710 Timberline Cir Roanoke VA 24018 1280616 Budget Motels Inc 10605 -A Gaskins Way Manassass VA 20109 1280616 Atlantic Credit & Finance, Inc. P.O. Box 13386 Roanoke VA 24033 1280617 Haley Toyota, Inc. 2711 Franklin Rd SW Roanoke VA 24014 1280618 McDonalds Corporation P.O. Box 12647 Roanoke VA 24027 1280618 The Fords, Inc. P.O. Box 12647 Roanoke VA 24027 1280619 Long John Silvers #31587 2809 Franklin Rd SW Roanoke VA 24014 1280619 The Flodman Family Trust - Charter Foods P.O. Box 430 Talbott TN 37877 1290106 Reva D. Harbour 3121 Franklin Rd SW Roanoke VA 24014 1290106 Melons 3121 Franklin Rd SW Roanoke VA 24014 1290106 Monica Moses - Alex's New Tattoo 3537 Courtland Road Roanoke VA 24012 1290106 Telcorp, Inc. P.O. Box 1655 Culpepper VA 22701 1290108 VB Land, LLC 36 W Church Ave Roanoke VA 24011 1290110 George R. Preas 3107 -A Franklin Rd SW Roanoke VA 24014 1290110 Wyrd Sisters Yarn, LLC 3113 Franklin Rd SW Roanoke VA 24014 1290110 Mosaic Yarn Shop 860 University City Blvd. Blacksburg VA 24060 1290121 Sonu & Sonny, LLC 3001 Franklin Rd SW Roanoke VA 24014 1290137 Lauro Investment Company, Inc 3137 Franklin Rd SW Roanoke VA 24014 1290137 Transmissions America 3137 Franklin Rd SW Roanoke VA 24014 1290138 EI Toreo 3133 Franklin Rd SW Roanoke VA 24014 1290211 Cape Town, LLC 2620 Richelieu Ave SW Roanoke VA 24014 1290212 1290213 Development Corporation P.O. Box 4991 Martinsville VA 24115 1290218 1290213 Advanced Medical Imaging Assoc. PC P.O. Box 19100 Roanoke VA 24019 1290213 Insight Imaging - Roanoke P.O. Box 19100 Roanoke VA 24019 1300409 Chris A. Benson 3112 Franklin Rd SW Roanoke VA 24014 1300410 7 Attachment A to Affidavit by Melissa Murray on October 30, 2013 1300411 Sound Decision 3106 Franklin Rd SW Roanoke VA 24014 1300412 1300412 Claytor Associates, LLC 1848 Whipple Tree Dr Roanoke VA 24018 1300413 Rod Shop 1145 E. Main Street Salem VA 24153 1300413 Sth Investment Group, LLC 3130 Franklin Rd SW Roanoke VA 24014 1300501 Sound Decision Holdings, LLC 3016 Franklin Rd SW Roanoke VA 24014 1300502 Brambleton Imports, Inc 3322 Brambleton Ave SW Roanoke VA 24018 1300511 Stephen R. & Linda C. Foster 2926 Franklin Rd SW Roanoke VA 24014 1300511 Stephen's Restaurant 2926 Franklin Rd SW Roanoke VA 24014 1300513 Terrier, LLC 2902 Franklin Rd SW Roanoke VA 24014 1300514 1300517 Samsam, LLC 2824 Franklin Rd SW Roanoke VA 24016 1300517 Valley BMW P.O. Box 8068 Roanoke VA 24014 1300519 Magdoline S. Nelson 2814 Franklin Rd SW Roanoke VA 24014 1300520 Jordan's Custom Framing & Art 2808 Franklin Rd SW Roanoke VA 24014 1300520 Sarah Jane Properties, LLC 2814 Franklin Rd SW Roanoke VA 24014 1321901 Contracting Enterprises, Inc P.O. Box 13725 Roanoke VA 24036 1510105 Omnisource Southeast, LLC 7575 W Jefferson Blvd Fort Wayne IN 46804 2013601 Park Roanoke 117 Church Ave SW Roanoke VA 24011 2022202 Holiday Inn Express 815 Gainsboro Rd NW Roanoke VA 24016 2022209 2022203 Thurston, C E & Sons, Inc. 3335 Croft St Norfolk VA 23513 2022203 D & J Investment Company 5390 Black Bear Ln Roanoke VA 24018 2022204 2022205 2022208 KKP2, LLC 101 Madison Ave NE Roanoke VA 24016 3022820 2022206 J B G Gainsboro, LLC P.O. Box 20269 Roanoke VA 24018 2022207 2022206 Wurth Wood Group, Inc. P.O. Box 668005 Charlotte NC 28266 2022207 2022301 Davis Acquisitions, LLC 5 Madison Ave NE Roanoke VA 24016 2510102 United Rentals (North America) 12802 Tampa Oaks Blvd. Ste 350 Temple Terrace FL 33637 2510102 Pierre A. & Carolyn E. Gloria P.O. Box 39 Mcleansville NC 27301 2510104 M & V Associates, LLC 5070 Cell Tower Dr Roanoke VA 24018 2510105 2510106 Rail, LLC P.O. Box 11781 Roanoke VA 24022 2510111 2510129 Mullins Land Company 3600 Catawba Valley Dr Salem VA 24153 2510301 Request Towing and Recovery 3129 Garden City Blvd SE Roanoke VA 24014 2510303 2510301 HH Of Va, LLC 5070 Cell Tower Dr Roanoke VA 24018 2510303 2510306 Unified Human Services Transportation P.O. Box 13825 Roanoke VA 24037 3 • 3 Attachment A to Affidavit by Melissa Murray on October 30, 2013 Business /Owner Name I Business Address I City I State Zip 2760901 Peters Creek Properties, LLC 3526 Brymoor Rd SW Roanoke VA 24018 2760903 Dougs Auto Sales and Body Shop 1205 Peters Creek Rd NW Roanoke VA 24017 2761701 Swanson Services Corporation 1133 Pennsylvania St Denver CO 80203 2761701 Ferebee Johnson Co. Inc 1611 Concord Rd Lynchburg VA 24504 2761701 Harbor Freight Tools USA, Inc 26541 Agoura Rd Calabasas CA 90302 2761701 Roanoke Salem Business Center, LLC 3330 Hollins Rd NE Ste A Roanoke VA 24012 2761701 Loan Max - Anderson Financial Sed. 3440 Preston Ridge Rd Ste 500 Alpharetta GA 30005 2761701 Save a Lot 4142 Melrose Ave NW Ste 23 Roanoke VA 24017 2761701 Computer Exchange 4142 Melrose Ave NW Ste 9 Roanoke VA 24017 2761701 Carpet Factory Outlet, Inc P.O. Box 21407 Roanoke VA 24018 2761701 Professional Payee Partners P.O. Box 6220 Roanoke VA 24017 2761703 Exchangeright Net Leased Portfolio 4 251 S Lake Ave Ste 520 Pasadena CA 91101 2761703 Family Dollar Store #9384 P.O. Box 1017, Attn: Tax /Lic Dept. Charlotte NC 28201 3022820 Landscape Supply, Inc P.O. Box 12706 Roanoke VA 24027 3022930 Industrial Apparatus Repair, Inc. 5 Madison Ave NE Roanoke VA 24016 3022931 Roanoke Stamp & Seal Company P.O. Box 12728 Roanoke VA 24028 3050101 Virginia Truck Center Of Richmond In P.O. Box 2130 Chester VA 23831 3050101 Virginia Truck Center, Inc. P.O. Box 7178 Roanoke VA 24012 3050103 3050104 Jerry L. Reed 1116 Orange Ave NE Roanoke VA 24012 06-9314h 3050104 Reeds Automotive, Inc 1116 Orange Ave NE Roanoke VA 24012 3050107 Martin Fab & Welding, Inc P.O. Box 14161 Roanoke VA 24038 3061504 Elite Blacktop Maintenance, LLC 937 Old Court Lane Roanoke VA 24015 3061504 R E, LLC P.O. Box 110 Moneta VA 24121 3050102 Owen Pamela Silver Barger Trustee Of 13455 Noel Rd Ste 1900 Dallas TX 75240 3061505 3061506 Happy Day, LLC P.O. Box 12207 Roanoke VA 24023 3061506 BLF Truck & Trailer Repair, LLC P.O. Box 12825 Roanoke VA 24028 3061506 Bluefield Transport, LLC P.O. Box 12825 Roanoke VA 24028 3070317 Blue Eagle C M, LLC 1502 Williamson Rd Roanoke VA 24012 3070317 The Carpet Shop of Roanoke 1502 Williamson Rd NE Roanoke VA 24012 3020201 3070901 Sheetz #300 - Roanoke Court Inc 5700 Sixth Ave Altoona PA 16602 3070903 4010205 Taubman Museum of Art 110 Salem Ave SE Roanoke VA 24011 4110202 4110203 4110204 4110205 Commonwealth Of Virginia P.O. Box 3071 Salem VA 24153 4110501 4110503 4110504 4110505 9 Attachment A to Affidavit by Melissa Murray on October 30, 2013 61 4110506 4110507 4110508 4110517 4110518 4110519 Commonwealth Of Virginia P.O. Box 3071 Salem VA 24153 4210101 4210102 4210103 4210109 4210110 4210111 4210104 B & B Welding, Inc 1427 Norfolk Ave SE Roanoke VA 24013 4210108 Socon Real Estate, LLC 1757 Granby St NE Ste B Roanoke VA 24012 4210112 Kevin L. Furrow 1410 Wise Ave SE Roanoke VA 24013 4210128 Erke Ralph William 137 Huntington Blvd NE Roanoke VA 24012 4210129 4210130 Tracy L. & Denise S. Coffey 5 17Th St SE Roanoke VA 24013 4210131 Richard Fetterman, Jr 11 17Th St SE Roanoke VA 24013 4210132 Trustees Church Of God Of Prophecy 1616 Wise Ave SE Roanoke VA 24013 4210201 Walter R. Summerlin 2 17Th St SE Roanoke VA 24013 4210203 Gloria J. Coan 6 17Th St SE Roanoke VA 24013 4210202 4210205 4210206 James R. & Shelia P. Myers 1719 Norfolk Ave SE Roanoke VA 24013 4210210 4210211 4210212 4210213 Delma Mae Wade 1735 Norfolk Ave SE Roanoke VA 24013 4210204 4210214 4210214 James R. Myers 1719 Norfolk Ave SE Roanoke VA 24013 4210215 4210216 4210219 Richard J. Szwec 5333 Mayfield St Roanoke VA 24019 4210301 6021106 Roanoke Electric Steel Corporation P.O. Box 13948 Roanoke VA 24038 6030107 Food Lion #1652 P.O. Box 1330 Salisbury NC 28145 6030108 Patricia E. Irving - Tailoring 3406 Bennett Or NW Apt Roanoke VA 24017 6030108 Two Pennys 4308 Garst Mill Rd Apt. C Roanoke VA 24018 6030108 Peters Creek, LLC P.O. Box 6122 Midlothian VA 23112 6030117 Black Credit Bypass Trust 1114 State St Ste 272 Santa Barbara CA 93101 6030117 Family Dollar Store #6954 P.O. Box 1017, Attn: Tax /Lic Dept. Charlotte NC 28201 6070101 Premier Auto Sales 4470 Melrose Ave NW Roanoke VA 24017 61 Attachment A to Affidavit by Melissa Murray on October 30, 2013 0 Business/Owner Name . ,- 6070101 Melrose 21, LLC 4470 Melrose Ave NW Roanoke VA 24017 6070102 Roanoke Starlight Inc 4448 Melrose Ave NW Roanoke VA 24017 6070103 Melrose Moving and Storage Ctr P.O. Box 21517 Phoenix AZ 85036 6070103 U -Haul Real Estate Company P.O. Box 29046 Phoenix AZ 85038 6070104 Titlemax 15 Bull St. Ste 200 Savannah GA 31401 6070104 National Retail Properties, LP 450 S Orange Ave Suite 900 Orlando FL 32801 6071103 Terri Atkins Wilson P.O. Box 588 Farmville VA 23901 0 OFFICE OFTHE CITY MANAGER Noel Taylor Municipal Building z Avenue, SW, Room 364 Roanoke, Church Church Virginia 24011 ROANOKE www.roanokeva.gov www.roanokeva.gov Property/Business Owner of Property Located in the City of Roanoke, VA Dear Property and /or Business Owner: Attachment B to Affidavit dated October 30, 2013 October 30, 2013 Due to the anticipated expiration of Enterprise Zone Two on December 31, 2015, and that such Zone will not be renewed by the Commonwealth of Virginia, the City of Roanoke is proposing boundary amendments to Enterprise Zone One A and its Subzones A and B, and to Enterprise Zone Two. The amendments will remove the properties listed on the attached list from the boundaries of Enterprise Zone One A or its Subzone A. City of Roanoke Real Estate Valuation and /or the Treasurer's Office records indicate you own one or more of the properties, or operate one or more of the businesses, on the attached list. State Enterprise Zone regulations require the City of Roanoke to notify all property owners and business owners whose property is affected when a boundary amendment occurs that deletes a property from an Enterprise Zone. City records indicate that your property, shown on the attached list, will be affected by these amendments by being removed from Enterprise Zone One A or its Subzone A, and will no longer be eligible for the local and State incentives currently offered in any of the Enterprise Zones. A copy of the maps, a list of Tax Map numbers of the properties involved in the amendments, the other documents involved in the amendments, and the local incentives currently offered in Zone One A and Zone Two and their Subzones are available for public inspection in the Department of Economic Development offices at 117 Church Avenue, S.W., Roanoke, Virginia 24011, phone number (540) 853- 5405. Please contact Brandon Turner at the above number if you want to know if a specific piece of property is involved in this matter. You are being notified that a public hearing regarding the proposed boundary amendments to Enterprise Zone One A and its Subzones A and B and Enterprise Zone Two is scheduled for Monday, November 18, 2013, at 7:00 PM in the City Council Chambers, Fourth Floor, Room 450, Noel C. Taylor Municipal Building located at 215 Church Avenue, S.W., Roanoke, Virginia 24011. Should you have any questions regarding this notice, please contact Brandon Turner, Enterprise Zone Administrator, at (540) 853 -5405. Sincerely, Christopher P. Morrill City Manager Enterprise Zone Amendments - 2013 Properties to be Deleted from Enterprise Zone One A or its Subzone A 1011615 Lancor Parking, LLC 1011615 City Of Roanoke Virginia 1010829 Lancor Parking, LLC 1010829 City Of Roanoke Virginia 1040403 Triple S Realty Company 1050101 Soccer Stop, Inc. 1050101 Daniel L. Beamer 1050105 VB Land, LLC 1050106 First - Citizens Bank & Trust Company 1070601 Emma Rose Property LLC 1150201 Waynes Imported Automotive 1150201 K. Wayne and Beverly A. Booth 1150202 Toni Gravely -Chase Morgan 1150203 Progressive Telecommunication, Inc. 1150203 Samuel M. Garst 1150204 Southern Print and Copy Co. 1150204 Michael J. & Angela R. Paplomatas 1150205 Samuel M. Garst 1150206 Southern Photo Print of VA 1150206 Harry Gerald Garrett 1160102 Body Sense Day Spa 1160102 Howard Leslie Cayton 1160104 Medi Home Care 1160104 Ronnie L. Young 1160107 Ronnie L. Young 1160108 Ronnie L. Young 1160119 Burger King #343 - ERW Inc. 1160119 L. C. Ren 1160124 Totally Digital, LLC 1160124 Frank R. & Mary Elizabeth Radford 1160128 Exam Services, LLC 1160128 Fairlawn Enterprises 1160129 Babies & Children 1160129 Fred E. & Anne H. Willis 1160130 R H F Rentals, LLC 1160132 Flints Service Center, Inc. 1160132 Curtis P. Flint;' 1280602 Carillon Laundry Service VAIIIIIM2 Carillon Clit4IF rsiperdie5,1LC 1280603 Valley Cadillac, Inc. ,' ifnlySei+iteeFts�nkiinRead 1280604 Katz Family Properties I LLC Roanoke VA 1280605 Fit Studio 365 121 Church Ave SW Roanoke VA 24011 121 Church Ave SW Roanoke VA 24011 335 Campbell Ave SW Roanoke VA 24016 335 Campbell Ave SW Roanoke VA 24016 1942 Franklin Rd SW Roanoke VA 24014 536 McClanahan St SW Roanoke VA 24014 536 McClanahan St SW Roanoke VA 24014 2132 Franklin Rd SW Roanoke VA 24014 2128 Franklin Rd SW Roanoke VA 24014 0 Stephenson Ave SW Roanoke VA 24014 2326 Franklin Rd SW Roanoke VA 24014 2326 Franklin Rd SW Roanoke VA 24014 2240 Franklin Rd SW Roanoke VA 24014 2312 Franklin Rd SW Roanoke VA 24014 2312 Franklin Rd SW Roanoke VA 24014 2406 Franklin Rd SW Roanoke VA 24014 2406 Franklin Rd SW Roanoke VA 24014 2304 Franklin Rd SW Roanoke VA 24014 2332 Franklin Rd SW Roanoke VA 24014 2332 Franklin Rd SW Roanoke VA 24014 2502 Franklin Rd SW Roanoke VA 24014 2502 Franklin Rd SW Roanoke VA 24014 2514 Franklin Rd SW Roanoke VA 24014 2514 Franklin Rd SW Roanoke VA 24014 0 Franklin Rd SW Roanoke VA 24014 0 Franklin Rd SW Roanoke VA 24014 2626 Franklin Rd SW Roanoke VA 24014 2626 Franklin Rd SW Roanoke VA 24014 2740 Franklin Rd SW Roanoke VA 24014 2740 Franklin Rd SW Roanoke VA 24014 2602 Franklin Rd SW Roanoke VA 24014 2602 Franklin Rd SW Roanoke VA 24014 2710 franklin Rd SW Roanoke VA 24014 2710 Franklin Rd SW Roanoke VA 24014 0 Stephenson Ave SW Roanoke VA 24014 2726 Franklin Rd SW Roanoke VA 24014 2726 Franklin Rd SW Roanoke VA 24014 2823 Franklin Rd SW Roanoke VA 24014 2823Rankiin Rd SW VOW VA 14 2743 Franklin Rd SW Roanoke VA 24014 2r4offoo"M SW i t M014 2613 Franklin Rd SW Roanoke VA 24014 odd tql '_Uk idtl9 4 2601 Franklin Rd SW Roanoke VA 24014 Enterprise Zone Amendments - 2013 Properties to be Deleted from Enterprise Zone One A or its Subzone A 1280605 Weigh Station, Inc. 2601 Franklin Rd SW 1280605 Goodpasture Properties, LLC 2601 Franklin Rd SW 1280613 Berglund Chrysler Jeep 2525 Franklin Rd SW 1280613 2525 Franklin Road Associates, LLC 2525 Franklin Rd SW 1280615 Katz Family Properties I LLC 0 Franklin Rd SW 1280616 Atlantic Credit & Finance, Inc. 2727 Franklin Road SW 1280616 Budget Motels Inc 2727 Franklin Road SW 1280617 Haley Toyota, Inc. 2711 Franklin Rd SW 1280617 Katz Family Properties I LLC 2711 Franklin Rd SW 1280618 The Fords, Inc. 2801 Franklin Road SW 1280618 McDonalds Corporation 2801 Franklin Road SW 1280619 Long John Silvers #31587 2809 Franklin Rd SW 1280619 The Flodman Family Trust - Charter Foods 2809 Franklin Rd SW 1290106 Telcorp, Inc. 3121 Franklin Rd SW 1290106 Melons 3121 Franklin Rd SW 1290106 Monica Moses - Alex's New Tattoo 3121 Franklin Rd SW 1290106 Reva D. Harbour 3121 Franklin Rd SW 1290108 VB Land, LLC 0 Roberts Rd SW 1290110 Wyrd Sisters Yarn, LLC 3113 Franklin Rd SW 1290110 Mosaic Yarn Shop 3113 Franklin Rd SW 1290110 Preas George R 3113 Franklin Rd SW 1290121 Sonu & Sonny LLC 3001 Franklin Rd SW 1290137 Transmissions America 3137 Franklin Rd SW 1290137 Lauro Investment Company Inc 3137 Franklin Rd SW 1290138 El Toreo 3133 Franklin Rd SW 1290138 E Rodeo Associates 3133 Franklin Rd SW 1290211 Cape Town Lc 2924 Roberts Rd SW 1290212 Development Corporation 2918 Roberts Rd SW 1290213 Advanced Medical Imaging Assoc. PC 2923 Franklin Rd SW 1290213 Insight Imaging - Roanoke 2923 Franklin Rd SW 1290213 Development Corporation 2923 Franklin Rd SW 1290218 Development Corporation 2901 Franklin Rd SW 1300409 Chris A. Benson 3112 Franklin Rd SW 1300410 Chris A. Benson 0 Franklin Rd SW 1S0�11 Sound Decision Holdings, LLC 3014 Franklin Rd SW 1300412 Sound Decision 3106 Franklin Rd SW 13{� fiytof Associa #es, LLC 31x6 Franklin Rd SW 1300413 Rod Shop 3130 Franklin Rd SW *sow 0 L 1 Anklin Rd SW $ 1300501 Sound Decision Holdings, LLC 0 Franklin Rd SW f!rarlklih t3oad fat kiln Rd 5W 1300511 Stephen's Restaurant 2926 Franklin Rd SW Roanoke VA 24014 1300513 Valley Cadillac, Inc. 2902 Franklin Rd SW Roanoke VA 24014 Roanoke VA 24014 Roanoke VA 24014 Roanoke VA 24014 Roanoke VA 24014 Roanoke VA 24014 Roanoke VA 24014 Roanoke VA 24014 Roanoke VA 24014 Roanoke VA 24014 Roanoke VA 24014 Roanoke VA 24014 Roanoke VA 24014 Roanoke VA 24014 Roanoke VA 24014 Roanoke VA 24014 Roanoke VA 24014 Roanoke VA 24014 Roanoke VA 24014 Roanoke VA 24014 Roanoke VA 24014 Roanoke VA 24014 Roanoke VA 24014 Roanoke VA 24014 Roanoke VA 24014 Roanoke VA 24014 Roanoke VA 24014 Roanoke VA 24014 Roanoke VA 24014 Roanoke VA 24014 Roanoke VA 24014 Roanoke VA 24014 Roanoke VA 24014 Roanoke VA 24014 Roanoke MA 24014 Roanoke VA 24014 Aoanolle VA 29114 Roanoke VA 24014 Roanoke VA 24014 Roanoke VA 24014 40W 0,4,91`40"1004 Roanoke VA 24014 Enterprise Zone Amendments - 2013 Properties to be Deleted from Enterprise Zone One A or its Subzone A 1300513 Terrier, LLC 2902 Franklin Rd SW Roanoke VA 24014 1300514 Valley Cadillac, Inc. 2834 Franklin Rd SW Roanoke VA 24014 1300514 Terrier, LLC 2834 Franklin Rd SW Roanoke VA 24014 1300517 Valley BMW 2824 Franklin Rd SW Roanoke VA 24014 1300517 Samsam, LLC 2824 Franklin Rd SW Roanoke VA 24014 1300519 Magdoline S. Nelson 2814 Franklin Rd SW Roanoke VA 24014 1300519 Emma Rose Property, LLC 2814 Franklin Rd SW Roanoke VA 24014 1300520 Jordan's Custom Framing & Art 2808 Franklin Rd SW Roanoke VA 24014 1300520 Sarah Jane Properties, LLC 2808 Franklin Rd SW Roanoke VA 24014 1321901 Contracting Enterprises, Inc 630 Bedford St SW Roanoke VA 24015 1321901 Contracting Enterprises, Inc 630 Bedford St SW Roanoke VA 24015 1510105 Omnisource Southeast, LLC 2833 Railroad Ave SW Roanoke VA 24015 2013601 Lancor Parking, LLC 25 Shenandoah Ave NW Roanoke VA 24016 2013601 City of Roanoke 25 Shenandoah Ave NW Roanoke VA 24016 2022202 Holiday Inn Express 815 Gainsboro Rd NW Roanoke VA 24016 2022202 Om Management, LLC 815 Gainsboro Rd NW Roanoke VA 24016 2022203 Thurston, C E &Sons, Inc. 719 Gainsboro Rd NW Roanoke VA 24016 2022203 D &J Investment Company 719 Gainsboro Rd NW Roanoke VA 24016 2022204 Thurston, C E & Sons, Inc. 0 Sydnor Cir NW Roanoke VA 24016 2022204 D & J Investment Company 0 Sydnor Cir NW Roanoke VA 24016 2022205 Landscape Supply, Inc 0 Sydnor Cir NE Roanoke VA 24016 2022205 KKP2, LLC 0 Sydnor Cir NE Roanoke VA 24016 2022206 Wurth Wood Group, Inc. 701 Gainsboro Rd NW Roanoke VA 24016 2022206 J B G Gainsboro, LLC 701 Gainsboro Rd NW Roanoke VA 24016 2022207 Wurth Wood Group, Inc. 0 Sydnor Cir NW Roanoke VA 24016 2022207 1 B G Gainsboro, LLC 0 Sydnor Cir NW Roanoke VA 24016 2022208 Landscape Supply, Inc 0 Madison Ave NE Roanoke VA 24016 2022208 KKP2, LLC 0 Madison Ave NE Roanoke VA 24016 2022209 Holiday Inn Express 0 Gainsboro Rd NW Roanoke VA 24016 2022209 Om Management, LLC 0 Gainsboro Rd NW Roanoke VA 24016 2022301 Industrial Apparatus Repair, Inc. 0 Gainsboro Rd NW Roanoke VA 24016 2022301 Davis Acquisitions, LLC 0 Gainsboro Rd NW Roanoke VA 24016 2510102 United RentalsiNorth America) 3212 Baker Ave NW Roanoke VA 24017 2510102 Pierre A. & Carolyn E. Gloria 3212 Baker Ave NW Roanoke VA 24017 251{)104 M,& V Assot l0tes, LLC 315613aker Ave NW itoftohe VA 24017 2510105 M & V Associates, LLC 3050 Baker Ave NW Roanoke VA 24017 Rai1;•LILC 3038 Roket Ave NW WOW$ke VA 2 $017 2510111 Rail, LLC 3026 Baker Ave NW Roanoke VA 24017 Abw liar►';, :and 333, ..¢. AveIIN .007 2510301 Request Towing and Recovery 3014 Baker Ave NW Roanoke VA 24017 ftV'. ^ 10 .4;. 4, .. 1.11 ' 251030$3�a Request Towing and Recovery .,... 3002 Baker Ave NW L� Roanoke VA 24017 2510306 Unified Human Services Transportation 2930 Baker Ave NW Roanoke VA 24017 Enterprise Zone Amendments - 2013 Properties to be Deleted from Enterprise Zone One A or its Subzone A 2760901 Peters Creek Properties, LLC 4321 Melrose Ave NW Roanoke VA 24017 2760903 Dougs Auto Sales and Body Shop 1205 Peters Creek Rd NW Roanoke VA 24017 2760903 Peters Creek Properties, LLC 1205 Peters Creek Rd NW Roanoke VA 24017 2761701 Loan Max - Anderson Financial Sed. 4142 Melrose Ave NW Roanoke VA 24017 2761701 Save a Lot 4142 Melrose Ave NW Roanoke VA 24017 2761701 Carpet Village, Inc. 4142 Melrose Ave NW Roanoke VA 24017 2761701 Ferebee Johnson Co. Inc 4142 Melrose Ave NW Roanoke VA 24017 2761701 Swanson Services Corporation 4142 Melrose Ave NW Roanoke VA 24017 2761701 Professional Payee Partners 4142 Melrose Ave NW Roanoke VA 24017 2761701 Computer Exchange 4142 Melrose Ave NW Roanoke VA 24017 2761701 Carpet Factory Outlet, Inc 4142 Melrose Ave NW Roanoke VA 24017 2761701 Harbor Freight Tools USA, Inc 4142 Melrose Ave NW Roanoke VA 24017 2761701 Roanoke Salem Business Center, LLC 4142 Melrose Ave NW Roanoke VA 24017 2761703 Family Dollar Store #9384 4160 Melrose Ave NW Roanoke VA 24017 2761703 Exchangeright Net Leased Portfolio 4 4160 Melrose Ave NW Roanoke VA 24017 3020201 Sheetz #300 - Roanoke Court, Inc 1212 Williamson Rd NE Roanoke VA 24012 3020201 Tamera LLC 1212 Williamson Rd NE Roanoke VA 24017 3020202 City Of Roanoke Virginia 0 Orange Ave NE Roanoke VA 24016 3020204 City Of Roanoke Virginia 0 Orange Ave NE Roanoke VA 24016 3020205 City Of Roanoke Virginia 0 Orange Ave NE Roanoke VA 24016 3022820 Landscape Supply, Inc 101 Madison Ave NE Roanoke VA 24016 3022820 KKP2, LLC 101 Madison Ave NE Roanoke VA 24016 3022930 Industrial Apparatus Repair, Inc. 5 Madison Ave NE Roanoke VA 24016 3022930 Davis Acquisitions LLC 5 Madison Ave NE Roanoke VA 24016 3022931 Roanoke Stamp & Seal Company 25 Madison Ave NE Roanoke VA 24028 3050101 Virginia Truck Center, Inc. 1202 Orange Ave NE Roanoke VA 24012 3050102 Trustee of Owen Pamela Silver Barger 1238 Orange Ave NE Roanoke VA 24012 3050103 Jerry L. Reed 0 11th St NE Roanoke VA 24012 3050104 Reeds Automotive, Inc 1116 Orange Ave NE Roanoke VA 24012 3050104 Jerry L. Reed 1116 Orange Ave NE Roanoke VA 24012 3050107 Martin Fab &Welding, Inc 1102 Orange Ave NE Roanoke VA 24012 3050107 Jerry L. Reed 1102 Orange Ave NE Roanoke VA 24012 3061504 Elite Biacktopavlaintenance, LLC 151511th St NE Roanoke VA 24012 3061504 R E L, LLC 1515 11th St NE Roanoke VA 24012 3061505 Owen PamelaaSilyer Barger Trustee Of 0 Orange Ave NE Roanoke VA 24012 3061506 Bluefield Transport, LLC 1519 11th St NE Roanoke VA 24012 3AC1506 8V TtuekA.TaWeF #tePair, LLC 151911th 5t NE Roanoke VA 24412 3061506 Happy Day, LLC 1519 11th St NE Roanoke VA 24012 " oanoke 35029I111IiatnsonRd'NE 40P 3070317 Blue Eagle C M, LLC 1502 Williamson Rd NE Roanoke VA 24012 iCt+urt anc J3tlr,E4i1 141E 3070901 Tamera LLC 0 Carver Ave NE Roanoke VA 24012 3070903 Tamera LLC 1304 Williamson Rd NE Roanoke VA 24012 Enterprise Zone Amendments - 2013 Properties to be Deleted from Enterprise Zone One A or its Subzone A 4010205 Taubman Museum of Art 110 Salem Ave SE 4010205 Art Museum Of Western Virginia 110 Salem Ave SE 4010805 City Of Roanoke 11 Campbell Ave SE 4110202 Commonwealth Of Virginia 1216 Wise Ave SE 4110203 Commonwealth Of Virginia 1302 Wise Ave SE 4110204 Commonwealth Of Virginia 1319 Norfolk Ave SE 4110205 Commonwealth Of Virginia 1306 Wise Ave SE 4110501 Commonwealth Of Virginia 1301 Wise Ave SE 4110503 Commonwealth Of Virginia 1305 Wise Ave SE 4110504 Commonwealth Of Virginia 1307 Wise Ave SE 4110505 Commonwealth Of Virginia 1309 Wise Ave SE 4110506 Commonwealth Of Virginia 0 Wise Ave SE 4110507 Commonwealth Of Virginia 014th St SE 4110508 Commonwealth Of Virginia 0 Wise Ave SE 4110517 Commonwealth Of Virginia 013th St SE 4110518 Commonwealth Of Virginia 0 Campbell Ave SE 4110519 Commonwealth Of Virginia 0 Campbell Ave SE 4210101 Commonwealth Of Virginia 1401 Norfolk Ave SE 4210102 Commonwealth Of Virginia 014th St SE 4210103 Commonwealth Of Virginia 0 Norfolk Ave SE 4210104 B & B Welding, Inc 1427 Norfolk Ave SE 4210108 Socon Real Estate, LLC 1611 Norfolk Ave SE 4210109 Commonwealth Of Virginia 1402 Wise Ave SE 4210110 Commonwealth Of Virginia 0 Wise Ave SE 4210111 Commonwealth Of Virginia 1408 Wise Ave SE 4210112 Kevin L. Furrow 1410 Wise Ave SE 4210128 Ralph William Erke 1 17th St SE 4210129 Ralph William Erke 0 17th St SE 4210130 Tracy L. & Denise S. Coffey 5 17Th St SE 4210131 Richard Fetterman, Jr 11 17th St SE 4210132 Trustees Church Of God Of Prophecy 017th St SE 4210201 Walter R Summerlin 2 17th St SE 4210202 James R. & Shelia P. Myers 017th St SE 4210203 Gloria J. Coan 6 17th St SE 4210204 James R. Myers 017th St SE 4210205 James R. & Shelia P. Myers 0 17th St SE 421W206 lames R. & Shelia P. Myers 1719 Norfolk Ave Se 4210210 James R. & Shelia P. Myers 0 Norfolk Ave SE 4ZIA211 James R. & Shelia P. Myers 0 Norfolk Ave SE 4210212 James R. & Shelia P. Myers 0 Norfolk Ave SE 42t. paffteWade 1735podolkiAve$E 4210214 James R. Myers 0 Norfolk Ave SE R Myers 1741 a 5E 4210216 James R. Myers 0 Norfolk Ave SE Roanoke VA 24011 Roanoke VA 24011 Roanoke VA 24011 Roanoke VA 24013 Roanoke VA 24013 Roanoke VA 24013 Roanoke VA 24013 Roanoke VA 24013 Roanoke VA 24013 Roanoke VA 24013 Roanoke VA 24013 Roanoke VA 24013 Roanoke VA 24013 Roanoke VA 24013 Roanoke VA 24013 Roanoke VA 24013 Roanoke VA 24013 Roanoke VA 24013 Roanoke VA 24013 Roanoke VA 24013 Roanoke VA 24013 Roanoke VA 24013 Roanoke VA 24013 Roanoke VA 24013 Roanoke VA 24013 Roanoke VA 24013 Roanoke VA 24013 Roanoke VA 24013 Roanoke VA 24013 Roanoke VA 24013 Roanoke VA 24013 Roanoke VA 24013 Roanoke VA 24013 Roanoke VA 24013 Roanoke VA 24013 Roanoke VA 24013 Roanoke VA 24013 Roanoke VA 24013 Roane VA 24013 Roanoke VA 24013 R 'VA; UO Roanoke VA 24013 R Roanoke VA 24013 Enterprise Zone Amendments - 2013 Properties to be Deleted from Enterprise Zone One A or its Subzone A 4210217 City Of Roanoke 0 Norfolk Ave SE Roanoke VA 24013 4210218 City Of Roanoke 0 Norfolk Ave SE Roanoke VA 24013 4210219 Richard J. Szwec 0 Norfolk Ave SE Roanoke VA 24013 4210220 City Of Roanoke 0 Norfolk Ave SE Roanoke VA 24013 4210301 Richard J. Szwec 0 Wise Ave SE Roanoke VA 24013 6021106 Roanoke Electric Steel Corporation 0 Shenandoah Ave NW Roanoke VA 24017 6030107 Food Lion #1652 629 Peters Creek Rd NW Roanoke VA 24017 6030108 Two Pennys 675 Peters Creek Rd NW Roanoke VA 24017 6030108 Patricia E. Irving - Tailoring 675 Peters Creek Rd NW Roanoke VA 24017 6030108 Peters Creek, LLC 675 Peters Creek Rd NW Roanoke VA 24017 6030117 Family Dollar Store #6954 631 Peters Creek Rd NW Roanoke VA 24017 6030117 Black Credit Bypass Trust 631 Peters Creek Rd NW Roanoke VA 24017 6070101 Premier Auto Sales 4470 Melrose Ave NW Roanoke VA 24017 6070101 Melrose 21, LLC 4470 Melrose Ave NW Roanoke VA 24017 6070102 Starlight Motel 4448 Melrose Ave NW Roanoke VA 24017 6070103 Melrose Moving and Storage Ctr 4426 Melrose Ave NW Roanoke VA 24017 6070103 U -Haul Real Estate Company 4426 Melrose Ave NW Roanoke VA 24017 6070104 Titlemax 4418 Melrose Ave NW Roanoke VA 24017 6070104 National Retail Properties, LP 4418 Melrose Ave NW Roanoke VA 24017 6071103 Terri Atkins Wilson 4516 Melrose Ave NW Roanoke VA 24017 7230104 City Of Roanoke 1970 Blue Hills Dr NE Roanoke VA 24012 DEPARTMENT OF ECONOMIC DEVELOPMENT 117 Church Avenue, SW Roanoke, Virginia 54 540.853.z715 fax 540,8 o.853.1n3 ROANOKE www.roanokeva.gov October 30, 2013 Roanoke Cooperative Association, Ltd. d /b /a Roanoke National Foods Co -op Attn: Bruce Phlegar, General Manager 1319 Grandin Road Roanoke, Virginia 24015 Re: Property located at the Roanoke Centre for Industry and Technology (RCIT), designated as City Tax Map No. 7230104 Dear Mr, Phlegar: Enclosed is a letter dated October 30, 2013, addressed to Property /Business Owner of properties located in the City of Roanoke, Virginia, together with an attached list. This letter provides Notice of a Hearing Regarding Proposed Boundary Amendments to Enterprise Zone One A and its Subzones A and B and to Enterprise Zone Two, which is scheduled for Monday, November 18, 2013, at 7:00 p.m., in the City Council Chambers, 41' floor, Room 450, Noel C. Taylor Municipal Building, located at 215 Church Avenue, S.W., Roanoke, Virginia 24011. While this letter references the City's Enterprise Zone One A and its Subzone A, the property you currently lease from the City of Roanoke, Tax Map No. 7230104, is currently located in the City's Enterprise Zone One A's Subzone B and is being deleted from that Subzone B. Therefore, the information in the letter enclosed with this letter is applicable to such property. If you have any questions, please contact me at 540 - 853 -5405. Sincerely, Brandon S. Turner Economic Development Specialist City of Roanoke Department of Economic Development BST /mmc Enc. AFFIDAVIT TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE PROPOSED BOUNDARY AMENDMENTS TO ENTERPRISE ZONE ONE A AND ITS SUBZONES A AND B AND TO ENTERPRISE ZONE TWO: COMMONWEALTH OF VIRGINIA ) ) TO -WIT: CITY OF ROANOKE ) The affiant, Melissa Murray, first being duly sworn, states that she is Administrative Assistant for Roanoke City's Department of Economic Development, and as such is competent to make this affidavit of her own personal knowledge. Affiant states that, pursuant to the provisions of Section 15.2 -2204, Code of Virginia, (1950), as amended, on behalf of the Economic Development Department of the City of Roanoke, she has sent by first -class mail on October 30, 2013, notices of a public hearing to be held on November 18, 2013, on the proposed Boundary Amendments to Enterprise Zone One A and its Subzones A and B and to Enterprise Zone Two to the property owners and /or business owners and /or their agent of the parcels listed on the attached sheets (Attachment 1) at their last known address as shown by the records of the City of Roanoke, Virginia. A copy of the notice is attached as Attachment 2. Melissa Murray 1 :� �; ' ho ?ARV•'•. � /�. PUBLIC' N t * Req. # 322284 (") MY Commission 4 FrPiros : 3 COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to -wit: I, kkon ((G, 0, COLL—/ , a notary public, in and for the City of Roanoke, Commonwealth of Virginia, do hereby certify that Melissa Murray, whose name is signed to the foregoing, personally appeared before me and made oath that the same is true to the best of her knowledge, information and belief. GIVEN under my hand this 36 'day of October 2013. My xpires 6>vi X-)1] Notary Public Registration No. 990,a W Enterprise Zone Amendments - 2013 Boundary Amendments Attachment 1 to Affidavit by Melissa Murray on October 30, 2013 Properties to be Deleted from Enterprise Zone Two and Amended into Enterprise Zone One A or its Subzone B 7190309 TCP Properties LLC 0 Granby St NE Roanoke VA 24012 1 7140105 M P S Land Company 1613 Granby St NE Roanoke VA 24012 7140107 Magic City Sprinkler, Inc 1601 Granby St NE Roanoke VA 24012 7140108 Welsch Properties, LLC P.O. Box 1205 Roanoke VA 24011 7140109 7140117 Kenan Transport Co 4366 Mt Pleasant St NW North Canton OH 44720 7140118 Carl H Benson, Jr P.O. Box 312 Troutville VA 24175 7140119 7140121 Quality Auto Paint & Body, Inc 1529 Seibel Dr NE Roanoke VA 24012 7140121 R & S Real Estate, LLC 1529 Seibel Dr NE Roanoke VA 24012 7160115 Blue Hills Village, LLC 7160117 5041 -A BenoisRd Roanoke VA 24018 7160118 And to 7160119 7160115 Blue Hills Village, LLC 7160117 26 W. Kirk Avenue Attn: C. Cooper Youell, IV, Reg. Agent Roanoke. VA 24004 7160118 p O. Box 779 Whitlow &Youell, PLC 7160119 National Bank 7160117 P.O. Box 90002 Blacksburg VA 24062 Attn: Brad Denardo 7160120 Blue Hills Village, LLC 5070 Cell Tower Dr Roanoke VA 24018 7190101 Precision Commercial Holdings, LLC 1723 Seibel Dr Roanoke VA 24012 7190102 A. Dane & Betty K. Weddle 4436 Holmes St NE Roanoke VA 24012 7190102 Weddle, A.D. Co, Inc P.O. Box 12602 Roanoke VA 24027 7190103 Ashlynne Investments LLC P O Box 13844 Roanoke VA 24037 7190103 Driveline Truck Services, Inc P.O. Box 13844 Roanoke VA 24037 7190104 Driveline Truck Services, Inc 0 Granby St NE Roanoke VA 24012 7190104 Ashlynne Investments, LLC 0 Granby St NE Roanoke VA 24012 7190105 A Dane & Betty K Weddle 4436 Holmes St NE Roanoke VA 24012 7190105 Horne's Truck Service P.O. Box 12602 Roanoke VA 24027 7190301 Kovatch Mobile Equipment Corp 1 Industrial Complex Nesquehoning PA 18240 7190302 Sally A Pomputius, Etals 1704 Granby St NE Roanoke VA 24012 7190303 7190304 TCP Properties, LLC 170 Stonyfield Ln Lexington VA 24450 7190304 Johnnie Mace 1715 Granby St NE Roanoke VA 24012 7190305 Woods Bob Union 76 Inc 418 Washington Ave Vinton VA 24179 7190305 Wood's Service Center, Inc. 418 Washington Ave Vinton VA 24179 7190306 Greystar Construction, Inc 1757 Granby St NE #B Roanoke VA 24012 7190306 Appcon Equipment, LLC P.O. Box 353 Troutville VA 24175 7190306 M21M Properties, LLC P.O. Box 353 Troutville VA 24175 7190307 Southeastern Skate Supply, Inc P.O. Box 12448 Roanoke VA 24025 7190308 Froehling & Robertson Incorporated 3015 Dumbarton Rd Richmond VA 23228 7190310 7190309 TCP Properties LLC 0 Granby St NE Roanoke VA 24012 1 Attachment 1 to Affidavit by Melissa Murray on October 30, 2013 7190401 CRW Parts, Inc 121168th St Baltimore MD 21237 7190401 Willis Investments 121168Th St Baltimore MD 21237 7190402 Wildwood Park, LLC P.O. Box 40004 Roanoke VA 24022 7190403 7190404 Mcneil I N 5540 Arthur St Roanoke VA 24018 7190404 S & N Communications, Inc 636 Gralin St Kernersville NC 27284 7190405 Precision Investment Corporation 1723 Seibel Or Roanoke VA 24012 7190408 7190407 Maccormack Enterprises, LLC 1755 Seibel Dr NE Roanoke VA 24012 7190501 Mad Acquisition, LLC 935 Essex Ave Ste 105 Waynesboro VA 22980 7190502 P E C O 1637 Seibel Dr NE Roanoke VA 24012 7190502 Sherman J. Conner Etal 1639 Seibel Or NE Roanoke VA 24012 7190604 Chocklett Holdings LLC 2922 Nicholas Ave NE Roanoke VA 24012 7190605 Elizabeth Arden, Inc 1751 Blue Hills Or Roanoke VA 24012 7190605 Rosenberg Family Fund P.O. Box 20269 Roanoke VA 24018 7200101 Mary Linda, LLC P.O. Box 2444 Roanoke VA 24010 7200104 7200106 City Of Roanoke 215 Church Ave SW Roanoke VA 24016 7210103 7210106 The Orvis Company, Inc P.O. Box 12000 Roanoke VA 24022 7210107 PA OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 25 Church Avenue, Sw, Room 364 Roanoke, Virginia zg011 ou my 63 ROANOKE w w.roanokanokeva.gov Property/Business Owner of Property Located in the City of Roanoke, VA Dear Property and /or Business Owner: Attachment 2 to Affidavit dated October 30, 2013 October 30, 2013 Due to the anticipated expiration of Enterprise Zone Two on December 31, 2015, and that such Zone will not be renewed by the Commonwealth of Virginia, the City of Roanoke is proposing boundary amendments to Enterprise Zone One A and its Subzones A and B, and to Enterprise Zone Two. The amendments will remove properties listed on the attached sheet from the boundaries of Enterprise Zone Two and will add these properties into Enterprise Zone One A's Subzone B. City of Roanoke Real Estate Valuation and /or the Treasurer's Office records indicate you own one or more of the properties, or operate one or more of the businesses, on the attached list. State Enterprise Zone regulations require the City of Roanoke to notify all property owners and business owners whose property is affected when a boundary amendment occurs that deletes a property from an Enterprise Zone. City records indicate that your property, shown on the attached list, will be affected by these amendments in three ways: 1) your property, shown on the attached list, will be deleted from Enterprise Zone Two and will not be eligible for local incentives in Zone Two; 2) your property will become part of Enterprise Zone One A's Subzone B, but will remain eligible for the same State incentives as were available for Enterprise Zone Two; and 3) your property will be eligible for the local incentives to be offered in Enterprise Zone One A's Subzone B. A copy of the maps, a list of Tax Map numbers of the properties involved in the amendments, the other documents involved in the amendments, and the local incentives currently offered in Zone One A and Zone Two and their Subzones are available for public inspection in the Department of Economic Development offices at 117 Church Avenue, S.W., Roanoke, Virginia 24011, phone number 540 -853- 5405. Please contact Brandon Turner at the above number if you want to know if a specific piece of property is involved in this matter. You are being notified that a public hearing regarding the proposed boundary amendments to Enterprise Zone One A and its Subzones A and B and Enterprise Zone Two is scheduled for Monday, November 18, 2013, at 7:00 PM in the City Council Chambers, Fourth Floor, Room 450, Noel C. Taylor Municipal Building located at 215 Church Avenue, S.W., Roanoke, Virginia 24011. Should you have any questions regarding this notice, please contact Brandon Turner, Enterprise Zone Administrator, at (540) 853 -5405. Sincerely, P� Christopher P. Morrill City Manager Enterprise Zone Amendments - 2013 Properties to be Deleted from Enterprise Zone Two and Amended into Enterprise Zone One A 7140107 Magic City Sprinkler 1601 Granby St NE noanoKe vH 44V14 7140108 - Welsch PropeWj6;:LLC 0 Sleepy Dr NE Roanoke _ VA 24012 7140109 Welsch Properties LLC 1606 Siebel Dr NE Roanoke VA 24012 7140117; Kena'nTratlgTto 1625>8iebelDrNE Ro8n41SE -•<' VA 24,012 7140118 Carl H. Benson, Jr 1615 Siebel Dr NE Roanoke VA 24012 7140119 ` Carl Hr130 1 fq -4r; - l�1601 =Siebel Dr NE R6anok `: ° .VA - 74612 7140121 Quality Auto Paint & Body, Inc 1529 Seibel Dr NE Roanoke VA 24012 7140121: R &-'S1Reall%t`P*$ILC >" 1529.Seibel Dr NE Rcsan la VA 24012 7160115 Blue Hills Village LLC 3641 Blue Hills Village Dr NE Roanoke VA 24012 7160117, - .RIUe#ti(Lsil11 K - 360 f3lue Hills Village Dr NE Rcasho 7160118 Blue Hills Village LLC 3602 Blue Hills Village Dr NE Roanoke VA 24012 7160119 `$iVe "Iii) 161Y:3ueHiIIDr N MOPWAA . 101 7160120 Blue Hills Village, LLC 1621 Blue Hills Dr NE Roanoke VA 24012 739010 , Pt fS i oldirigs C `:`' 1 *0bel Di`.NE 7190102 Weddle, A.D. Co, Inc 1675 Granby St NE Roanoke VA 24012 7190302 A j�bnj ✓ J1tty K:'Weddle 1675 GranbySt NE 7190103 Driveline Truck Services, Inc 1639 Granby St NE Roanoke VA 24012 7190104; - Ashjyo e v 3 t3 „LLG 1639 Granby;St NE R04gWi , 'V A :.24b12 7190104 Driveline Truck Services, Inc 0 Granby St NE Roanoke VA 24012 7190104s gshiyrth lt{v r enYSyLLC OGranby St NE Roanoke', VA 24p12 7190105 Horne's Truck Service 2909 Mary Linda Ave NE Roanoke VA 24012 7190105, .I�j e # j c dha 290O,Mary. Linda Ave NE ff ent#lF : °; ,VX - 7190301 KME Fire Apparatus 1708 Seibel Dr NE Roanoke -VA 24012 7190301 -; Kov,BY¢hfl_j loN uipmenYCorp' 1708 Seibel Ro3h41SE VA'' ZO. 7190302 Pomputius Sally A Etals 0 Mary Linda Ave NE Roanoke VA 24012 7190303 Po40014f -- (VikEtals 17031GranbyStNE Rgaobk VA 24012 7190304 Johnnie Mace 1715 Granby St NE Roanoke VA 24012 7190304 TCP ,,pfto LLC 17151Granby St NE Roanoke VA .- 24012 7190305 Wood's Service Center, Inc. 1749 Granby St NE Roanoke VA 24012 7190305' Wild � Bpb2l9rr�oz 7#3; the 1749•Granby St NE Roant3ke% ' : YA • 24012 7190306 Greystar Construction, Inc 1757 Granby St NE Roanoke VA 24012 719030p Ap ra r7eh(t;,1tC 17S-7,GranbyStNE Rgal ie <, YA` 24812 7190306 M2M Properties LLC 1757 Granby St NE Roanoke VA 24012 719D 07 sdyj t i ynSJg e; 4pPly,':Inc. 2317t3lcholas -Ave NE Roatroke, YA '; 20, - 7190308 Froehling & Robertson Inc 1734 Seibel Dr NE Roanoke VA 24012 7190509 , TsLC .: 0,rtaliby St NE Rt��i+olsx YA 240.12 7190310 Froehling & Robertson Incorporated 1726 Seibel Dr NE Roanoke VA 24012 71904 7-190001 a C�iC�RR��l�s�- '` 1 1-7 4bei OrNE R TQI , : ,_VA 241) 12 7190401 Willis Investments 1775 Siebel Dr NE Roanoke VA 24012 kG,.ijitliala:AveNE ;R#t.,Z 7190403 Wildwood Park, LLC 0 Nicholas Ave NE Roanoke VA 24012 713 �ia;'lnt".iebelD` NE _12 Enterprise Zone Amendments - 2013 Properties to be Deleted from Enterprise Zone Two and Amended into Enterprise Zone One A /1VUquD rrecision investment Corporation 1723 Seibel Dr NE Roanoke 7190407 Maccormack Enterprises, LLC 1755 Seibel Dr NE ' Roanoke 7190408 Precision Investment Corporation 0 Seibel Dr NE Roanoke 7190501 Mad Acquisition LLC 1665 Seibel Dr NE Roanoke 7190502 P E C 0 1637 Seibel Dr NE Roanoke 7190502 Sherman J Conner, Eta] 1539 Seibel Dr NE Roanoke 7190604 Chocklett Holdings, LLC 2922 Nicholas Ave NE Roanoke 7190605 Elizabeth Arden, Inc 903,0 Nicholas=Ave W Aorioke 7190605 Rosenberg Family Fund 3030 Nicholas Ave NE Roanoke 72010103 Mary Linda, 4C 3110OVary Linda AVe NE Roanoke 7200104 Mary Linda, LLC 0 Orange Ave NE Roanoke 7200106 City,of.Rophokg Or, Oeonge Ave NE Roanzike 7210103 City Of Roanoke 0 Blue Hills Drive NE Roanoke 7210 015 OrV{s.V1"l rJt -Inc '1j' I&D`riv NE R ke. 7210107 Orvis Company Inc (The) 0 Blue Hills Drive NE Roanoke VA 24012 VA 24012 VA 24012 VA 24012 VA 24012 VA 24012 VA 24012 VA 24012 VA 24012 VA 24012 VA 24012 VA'- 24012 VA 24012 VA ;. 24012 VA 24012 AFFIDAVIT TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE PROPOSED BOUNDARY AMENDMENTS TO ENTERPRISE ZONE ONE A AND ITS SUBZONES A AND B AND TO ENTERPRISE ZONE TWO: COMMONWEALTH OF VIRGINIA ) TO -WIT: CITY OF ROANOKE ) The affiant, Melissa Murray, first being duly sworn, states that she is Administrative Assistant for Roanoke City's Department of Economic Development, and as such is competent to make this affidavit of her own personal knowledge. Affiant states that, pursuant to the provisions of Section 15.2 -2204, Code of Virginia, (1950), as amended, on behalf of the Economic Development Department of the City of Roanoke, she has sent by first -class mail on October 30, 2013, notices of a public hearing to be held on November 18, 2013, on the proposed Boundary Amendments to Enterprise Zone One A and its Subzones A and B and to Enterprise Zone Two to the property owners and /or business owners and /or their agent of the parcels listed on the attached sheet (Attachment 1) at their last known address as shown by the records of the City of Roanoke, Virginia. A copy of the notice is attached as Attachment II. �C_ ' Melissa Murray 1 oa A1• L •�� ' NOTARY PUBLIC Reg.# 322284 - * My commission n Espires Q C) }III -�10ll7 �;Li}i OF ,�• • COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to -wit: I, LAGYII(ck M G c - , a notary public, in and for the City of Roanoke, Commonwealth of Virginia, do hereby certify that Melissa Murray, whose name is signed to the foregoing, personally appeared before me and made oath that the same is true to the best of her knowledge, information and belief. GIVEN under my hand this 'x day of October 2013. My commission wn expires �� i k , �� % " Notary Registration No. 3aaa� I `a Enterprise Zone Amendments - 2013 Boundary Amendments Attachment I to Affidavit by Melissa Murray on October 30, 2013 Properties to be Deleted from Enterprise Zone Two 1 7110106 3675 Orange Avenue LLC 5070 Cell Tower Dr Roanoke VA 24018 7110106 Flowers & Things 3675 Orange Ave NE Roanoke VA 24012 7110122 Viamac Inc 5070 Cell Tower Dr Roanoke VA 24018 7160116 Blonde & Co P.O. Box 1116 Buchanan VA 24066 7160116 Jimmy John's Gormet Subs 5957 Blackhorse Ln Roanoke VA 24018 7160116 New Century Development Co, LLC 5070 Cell Tower Dr' Roanoke VA 24018 7160116 Wing Boss Corporation 5138 Carter Grove Cir Roanoke VA 24012 7160116 Wireless Zone P.O. Box 395 Cloverdale VA 24077 7160121 LKA,Inc 5070 Cell Tower Dr Roanoke VA 24018 1 Attachment II to Affidavit dated October 30, 2013 OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building �0 215 Church Avenue, SW, Room 364 Roanoke, Virginia 24011 www.roanokeva.gov ROANOKE w w.ro roanokeva.gov October 30, 2013 Property /Business Owner of Property Located in the City of Roanoke, VA Dear Property and /or Business Owner: Due to the anticipated expiration of Enterprise Zone Two on December 31, 2015, and that such Zone will not be renewed by the Commonwealth of Virginia, the City of Roanoke is proposing boundary amendments to Enterprise Zone One A and its Subzones A and B, and to Enterprise Zone Two. The amendments will remove the properties listed on the attached list from the boundaries of Enterprise Zone Two. City of Roanoke Real Estate Valuation and /or the Treasurer's Office records indicate you own one or more of the properties, or operate one or more of the businesses, on the attached list. State Enterprise Zone regulations require the City of Roanoke to notify all property owners and business owners whose property is affected when a boundary amendment occurs that deletes a property from an Enterprise Zone. City records indicate that your property, shown on the attached list, will be affected by these amendments by being removed from Enterprise Zone Two and will no longer be eligible for the local and State incentives currently offered in any of the Enterprise Zones. A copy of the maps, a list of Tax Map numbers of the properties involved in the amendments, the other documents involved in the amendments, and the local incentives currently offered in Zone One A and Zone Two and their Subzones are available for public inspection in the Department of Economic Development offices at 117 Church Avenue, S.W., Roanoke, Virginia 24011, phone number (540) 853- 5405. Please contact Brandon Turner at the above number if you want to know if a specific piece of property is involved in this matter. You are being notified that a public hearing regarding the proposed boundary amendments to Enterprise Zone One A and its Subzones A and B and Enterprise Zone Two is scheduled for Monday, November 18, 2013, at 7:00 PM in the City Council Chambers, Fourth Floor, Room 450, Noel C. Taylor Municipal Building located at 215 Church Avenue, S.W., Roanoke, Virginia 24011. Should you have any questions regarding this notice, please contact Brandon Turner, Enterprise Zone Administrator, at (540) 853 -5405. Sincerely, U� Christopher P. Morrill City Manager Enterprise Zone Amendments - 2013 Properties to be Deleted from Enterprise Zone Two 7110106 F16W6rs'& Things 9fil3 urange Ave rvr Moanorce v.+ 7110106 3675 Orange Avenue LLC 3675 Orange Ave NE Roanoke VA 24012 7110122 Viamac Inc 3659 Orange Ave NE Roanoke VA 24012 7160116 Jimmy John's Gormet Subs 3621 Blue Hills Dr Roanoke VA 24012 7160116 Blonde & Co 3621 Blue Hills Dr Roanoke VA 24012 7160116 Wireless Zone 3621 Blue Hills Dr Roanoke VA 24012 7160116 Wing Boss Corporation 3621 Blue Hills Dr Roanoke VA 24012 7160116 New Century Development Cc LLC 3621 Blue Hills Dr Roanoke VA 24012 7160121 LKA, Inc 1631 Blue Hills Dr Roanoke VA 24012 Riverland Road project; followup tw #i barb to: clerk 11/20/201302:52PM Cc: chris.morrill, Mark.Jamison, Donnie. Underwood DATE: Wednesday, November 20, 2013 TO: Mayor Bowers and members of Roanoke City Council CC: Chris Morrill, Manager City of Roanoke cc: Mark Jamison cc: Donnie Underwood Dear Mayor and Members of Council, Thank you for allowing me to address Roanoke City Council during agenda item C: Citizen Input on Monday evening, November 17. My concerns were caused by conversation from staff at the Piggly Wiggly on Riverland Road on Monday afternoon. Mr. Jamison and Mr. Underwood were not accessible for clarification of project work order on Monday afternoon. I truly appreciate the phone call received from Mr. Jamison on Tuesday late afternoon conversation. He took the time to address the concerns that were brought forward to me then to you. The fence is going to be slit rail. The trees will be dogwood and other ornamentals. He assured me that the distance from the roadbed to the multiuse trail is at least 5 feet. Donnie Underwood sent an e -mail with information that I Mark Jamison was the person I needed to talk to. Thank you again, Mayor and members of council, for asking the city manager to have staff contact me about the details of the Riverland Roundabout. I would encourage you to try out the Roundabout and the to be installed left turn into the commercial area. Try the jumbo peanuts at Piggly Wiggly located near the produce section. The deli has a meat, 2 vegetables and a roll for $4.95. The breaded tomatoes take you back in time. Oh, you can get there by Greenway. Together we CAN! Barbara N. Duerk, CONNECT NOW COMMITTEE VACANCIES /REAPPOINTMENTS November 18, 2013 VACANCIES: Unexpired term of Barry Baird as a member of the Building and Fire Code Board of Appeals ending June 30, 2015. Unexpired term of Valerie N. Hale as a member of the Fair Housing Board ending March 31, 2016 Unexpired term of office of Christopher Pohlad- Thomas as a member of the Parks and Recreation Advisory Board ending March 31, 2014. Three -year term of office of Braxton Naff as a member of the Roanoke Neighborhood Advocates ending June 30, 2016. Three -year terms of office of Terry Cundiff and Drew H. Kepley as members of the Board of Zoning Appeals ending December 31, 2013. Four -year term of office of Alison S. Blanton (knowledge in historic preservation) as a member of the Architectural Review Board ending October 1, 2013.