Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Council Actions 01-21-14
Trinkle 39842-012114 .01* ROANOKE CITY COUNCIL REGULAR SESSION JANUARY 21 , 2014 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1 . Call to Order--Roll Call. All Present. The Invocation was delivered by The Reverend Bernard S. Via, Retired Minister. 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, January 23 at 7:00 p.m., and Saturday, January 25 at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. 1 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. 2 THE COUNCIL OF THE CITY OF ROANOKE IS SEEKING APPLICATIONS FOR THE FOLLOWING CURRENT OR UPCOMING EXPIRATIONS OF TERMS OF OFFICE: BLUE RIDGE BEHAVIORAL HEALTHCARE, BOARD OF DIRECTORS (ONE THREE-YEAR TERM OF OFFICE) FAIR HOUSING BOARD (ONE UNEXPIRED TERM ENDING MARCH 31, 2015; ONE UNEXPIRED TERM ENDING MARCH 31, 2016) PARKS AND RECREATION ADVISORY BOARD (AN UNEXPIRED TERM ENDING MARCH 31, 2014) ROANOKE NEIGHBORHOOD ADVOCATES (ONE THREE-YEAR TERM OF OFFICE; AN UNEXPIRED TERM OF OFFICE ENDING JUNE 30, 2015) ROANOKE PUBLIC LIBRARY BOARD (AN UNEXPIRED TERM ENDING JUNE 30, 2014) EXPIRATION OF THE THREE-YEAR TERMS OF OFFICE OF WILLIAM B. HOPKINS, JR., AND LORI E. VAUGHT AS TRUSTEES OF THE ROANOKE CITY SCHOOL BOARD ENDING JUNE 30, 2014. DEADLINE FOR RECEIPT OF APPLICATIONS IS MONDAY, MARCH 10, 2014. FOR QUESTIONS AND/OR ADDITIONAL INFORMATION, PLEASE CONTACT CITY CLERK'S OFFICE AT 853-2541. 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: A resolution recognizing the Honorable Octavia Johnson for years of service as Sheriff of the City of Roanoke. Adopted Resolution No. 39842-012114 (7-0). The Mayor presented a Key to the City to Ms. Johnson. Recognition of 2013 City of Roanoke Employees with 30, 35, 40, and 45 years of service. Recognized employees in attendance. 3 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. 4. CONSENT AGENDA (Approved 7-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION.THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 A communication from Council Member Anita J. Price, Chair, City Council Personnel Committee, requesting that Council convene in a Closed Meeting to discuss the mid-year performance of Council-Appointed Officers, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in request. C-2 A communication from the City Clerk advising of the resignation of Paul A. Adams as a member of the Roanoke Neighborhood Advocates, effective immediately. RECOMMENDED ACTION: Accepted the resignation and received and filed the communication. C-3 A communication from Cathy S. Bowman, Secretary, Roanoke Regional Airport Commission transmitting a resolution adopting "Roanoke-Blacksburg Regional Airport, Woodrum Field" as the new official name of the airport, effective as of calendar year 2014. RECOMMENDED ACTION: Received and filed. C-4 Reports of qualification of Drew H. Kepley as a member of the Board of Zoning Appeals for a three-year term of office ending December 31, 2016; and Lawrence K. Dowler as a member of the Fair Housing Board to fill the unexpired term of Valerie Hale ending March 31, 2016. RECOMMENDED ACTION: Received and filed. 4 REGULAR AGENDA BID OPENING: Bids for execution of a Lease Agreement for development, construction, operation and maintenance of up to six outdoor athletic fields on properties located at 2100 Countryside Road, identified as Official Tax Map No. 6472302; and at the intersection of Ranch Road and Lewiston Street; and Portland Avenue located at 0 Ben Street, N. W., identified as Official Tax Map No. 6421001. Received one bid from The Roanoke Valley Youth Soccer Club. The bid was referred to the City Manager for review and recommendation to the Council. 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: NONE. 7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: a. CITY MANAGER: BRIEFINGS: • Citizen Survey - 20 minutes (Due to the possibility of inclement weather and because of the presenter having to travel from Blacksburg,Virginia,the briefing was deferred until a future Council meeting.) ITEMS RECOMMENDED FOR ACTION: 1. Acceptance and appropriation of funds in connection with the 2014 Violence Against Women Act(V-STOP)Grant from the Department of Criminal Justice Services to fund existing Domestic Violence Specialist position. Adopted Resolution No. 39843-012114 and Budget Ordinance No. 39844-012114 (7-0). 2. Acceptance and appropriation of funds in connection with the 2014 Virginia Sexual and Domestic Violence Victim Fund Grant from the Virginia Department of Criminal Justice Services to partially fund an existing Sexual Violence Specialist position in the Police Department. Adopted Resolution No. 39845-012114 and Budget Ordinance No. 39846-012114 (7-0). 5 3. Acceptance and appropriation of additional Virginia Department of Transportation Federal Transportation Enhancement funds for Roanoke River Greenway Memorial Bridge Trail Connector Project. The City Manager asked that the matter be withdrawn. 4. Amendment of the City Code to include a new section, Methamphetamine Lab Cleanup, to establish a cost recovery mechanism, effective March 31, 2014. Adopted Ordinance No. 39847-012114 (7-0). 5. Amendment of the City Code to include skateboards as a mode of wheeled transportation and to govern the operation of wheeled transportation within public parks or plazas, effective March 31, 2014. Ordinance was tabled until March 17, 2014 at 2:00 p.m. 6. Acceptance of conveyance of real property from the Roanoke Redevelopment and Housing Authority located at 502 Williamson Road, S. E., to the City of Roanoke. Adopted Ordinance No. 39848-012114 (7-0). COMMENTS BY CITY MANAGER. Career, Lifestyle and Financial Fitness Fair • Held on Thursday, January 16, at the Roanoke Civic Center inside the Special Events Center, from 8:30 a.m. to 1:00 p.m. • The Fair featured 74 vendors representing o area businesses seeking new employees o lifestyle organizations creating awareness of amenities and volunteer opportunities o educational entities sharing their curriculum. o financial organizations available to educate attendees on resources, ways to save money and to structure their finances in 2014, moving forward. 6 o New this year to the event was the "Bank On Roanoke Valley" program, a collaborative between the City of Roanoke, United Way of Roanoke Valley and area retail banks. A press conference was held during the Fair to kick off the program. • Registrations for those attending the event totaled 667 and the event proved to be very successful. • The event was sponsored by The Renick Group, American National University, Roanoke Valley SHRM, The City of Roanoke Department of Economic Development and County of Roanoke Department of Economic Development . • The next Career, Lifestyle and Financial Fitness Fair targeting new college graduates in the region is scheduled for May 2014. Budget Updates • Council Briefings will be held on Monday, February 3 and Monday, March 3. • Recommended FY15 Budget will be presented to City Council on Monday, April 21. • Public Hearing on the Recommended FY15 Budget will be held on Thursday, April 24. • Budget Study for City Council will occur on Monday, May 5. • Budget will be adopted on Monday, May 12. 8. REPORTS OF COMMITTEES: a. A report of the Roanoke City School Board requesting appropriation of funds for various educational programs; and a report of the Director of Finance recommending that Council concur in the request. Kathleen Jackson, Budget and Reporting Analyst, Spokesperson. Adopted Budget Ordinance No. 39849-012114 (6-0, Council Member Price was out of the Council Chamber when vote was recorded.) 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: a. A resolution appointing Braxton Naff as a Director of the Economic Development Authority, to fill the unexpired term of F. Gordon Hancock ending October 20, 2015. Adopted Resolution No. 39850-012114(6-0, Council Member Price was out of the Council Chamber when vote was recorded.) 7 11 . MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. Mayor Bowers announced that the VACoNML Legislative Day would be held on Thursday, February 6 in Richmond; and during the day, local officials and state legislators meet to discuss matters of mutual interest and concern. Council Member Ferris called attention to one piece of legislation amending the Statute to allow the City, with the exception of Handicap Placards, to privatize the monitoring of timed parking. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. Lisa Barksdale was appointed to serve as a member of the Fair Housing Board to fill the unexpired term of Keith Wheaton ending March 31, 2015. 12. RECESSED - 3:54 P.M. THE COUNCIL MEETING WAS DECLARED IN RECESS FOR A CLOSED MEETING AND TO BE RECONVENED AT 7:00 P.M., IN THE CITY COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING. 8 ROANOKE CITY COUNCIL REGULAR SESSION JANUARY 21 , 2014 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order--Roll Call. Council Member Price was absent; and Council Member Trinkle arrived late (7:02 p.m. 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 Mayor Bowers. Welcome. Mayor Bowers. NOTICE: Today's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, January 23 at 7:00 p.m., and Saturday, January 25 at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. A. PRESENTATIONS AND ACKNOWLEDGEMENTS: Recognition of the James Breckinridge Middle School Builders Club. Due to the closing of schools because of potential inclement weather, the recognition of the students was deferred until a future Council meeting. 9 B. PUBLIC HEARINGS: 1. Request of BGGT, LLC, to rezone property, repeal all proffered conditions of a previous rezoning, and to amend the Planned Unit Development Plan on property located at 0 Roberts Road, from CG, Commercial-Neighborhood District, and MXPUD, Mixed Use Planned Unit Development, to MXPUD, Mixed Use Planned Unit Development subject to certain proffered conditions. Sean Home, Agent, Spokesperson. Adopted Ordinance No. 39851-012114 (6-0). 2. Request of James and Linda Hullett to rezone property located at 1817 Indiana Avenue, N. E., from RM-1, Residential Mixed Density District, to I-1, Light Industrial District, subject to a proffered condition. Lane Dellinger, Agent, Spokesperson. Adopted Ordinance No. 39852-012114 (6-0). 3. Execution of a Lease Agreement for development, construction, operation and maintenance of up to six outdoor athletic fields on properties located at 2100 Countryside Road, identified as Official Tax Map No. 6472302; and at the intersection of Ranch Road and Lewiston Street; and Portland Avenue located at 0 Ben Street, N. W., identified as Official Tax Map No. 6421001. Christopher P. Morrill, City Manager. Adopted Ordinance No. 39853-012114 (6-0). 4. Amendment to the City Code to add a new Article X, Public Dance Halls, to Chapter 21, Offenses — Miscellaneous, in order to provide for certain levels of on-site security in entertainment facilities for dancing, effective March 31, 2014. Christopher P. Morrill, City Manager. Adopted Ordinance No. 39854-012114, as amended (5-1, Council Member Bestpitch voting no.) C. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. D. ADJOURNMENT - 7:47P.M. 1 0 0.9 9?e,oInaon IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of January, 2014. No. 39842-012114. A RESOLUTION paying tribute to Octavio Johnson, Roanoke City Sheriff, for her exemplary public service to the Roanoke City Sheriffs Office. WHEREAS, Sheriff Johnson is a native of Elk Creek, Virginia, in Grayson County; WHEREAS, Sheriff Johnson is a graduate of Wytheville Community College, where she earned an Associates of Applied Science Degree in police science, and earned certificates in Law Enforcement and Corrections; WHEREAS, Sheriff Johnson relocated to Roanoke and has called the Valley home since 1976; WHEREAS, in 1979, Sheriff Johnson was appointed a Deputy Sheriff in the Roanoke City Sheriffs Office; WHEREAS, while serving with the department, Sheriff Johnson completed certification training in Basic Jailor and Courtroom Security and Basic Law Enforcement; WHEREAS, in 2004, Sheriff Johnson retired with 25 years of dedicated service spanning the jail, court services, and civil process; WHEREAS, on November 8, 2005, Sheriff Johnson was elected Sheriff of Roanoke, Virginia, and has served in this capacity since that time; WHEREAS, Sheriff Johnson has led the Sheriffs office in recently securing accreditation, becoming one of only 89 such offices in the Commonwealth to achieve this distinction; WHEREAS, Sheriff Johnson has been active in professional organizations, including her service as Region III Director of the Virginia Sheriffs' Association; an Executive Board member of the Cardinal Criminal Justice Academy; a member of the National Sheriffs' Association; and a member of the Virginia Fraternal Order of Police, Lodge#1; WHEREAS, Sheriff Johnson has been active in the community, including her service as Secretary-Treasurer for Virginia Cares; a board member for the Rescue Mission; a board member for the Boys and Girls Club; a board member for McMillian Ministries' of the M.A.P.S. Women's Conference; a member of the NAACP; a member of the Roanoke City Republican Committee; and a member of Roanoke Republican Women; and WHEREAS, Sheriff Johnson will be leaving her position at the end of her term in 2013. 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 Sheriff Octavio Johnson for the many services that she has provided to the City of Roanoke and its citizens. 2. The City Clerk is directed to forward an attested copy of this resolution to Sheriff Octavio Johnson. APPROVED ATTEST: 2 9 Stephanie AL Moon,MMC David A. Bowers City Clerk Mayor CITY OF ROANOKE CITY COUNCIL yl, f 215 Church Avenue,S.W. Noel C.Taylor Municipal Building Suite 456 a �' •- Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 DAVID A. BOWERS Fax: (540)853-1145 Council Members Mayor William D. Bestpitch Raphael E."Ray"Ferris Sherman P. Lea Anita J. Price Court G. Rosen David B.Trinkle January 21 , 2014 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: I wish to request a Closed Meeting to discuss the mid-year performance of Council- Appointed Officers, pursuant to Section 2.2-3711 (A) (1), Code of Virginia (1950), as amended. Sid Anita J. Price, Chair City Council Personnel Committee AJP:ctw --T. ..: . '- CITY OF ROANOKE .•-I' ` OFFICE OF THE CITY CLERK 215 Church Avenue,S.W., Suite 456 b Roanoke,Virginia 24011-1536 e,1 Telephone: (540)853-2541 ----- Fax: (540)853-1145 E-mail: clerk @roanokeva.gov JONATHAN E.CRAFT,CMC STEPHANIE M.MOON,MMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk January 21 , 2014 Paul A. Adams 835 Marshall Avenue, S. W. Roanoke, Virginia 24017 Dear Mr. Adams: A communication advising of your resignation as a member of the Roanoke Neighborhood Advocates, effective immediately, was before the Council of the City of Roanoke at its meeting held on Tuesday, January 21, 2014. Your resignation was accepted with regret, and the communication was received and filed. On behalf of the Members of Roanoke City Council, I would like to express appreciation for your service to the City of Roanoke as a member of Roanoke Neighborhood Advocates from April 9, 2012 to January 21, 2014. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your years of service. Sincerely, htStephanie M. Moon, MMC J City Clerk SMM:jec Enclosure pc: Bob Clement, Neighborhood Coordinator CERTIFICATE OF APPRECIATION PRESENTED TO PAUL A. ADAMS AS A MEMBER OF THE ROANOKE NEIGHBORHOOD ADVOCATES -. FROM APRIL 9, 2012 TO JANUARY 21,2014 /:. ON THIS 21ST DAY OF JANUARY , 2014 IN RECOGNITION OF PUBLIC SERVICE RENDERED TO THE CITY OF ROANOKE APPROVED: ATTEST: Li IE M awe DAVID A.BOWERS STEPHANIE M.MOON MAYOR CITY CLERIC 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 STEPHANIE M.MOON,MMC E-mail: elerk@roanokeva.gov E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk January 21, 2014 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: This is to advise that Paul A. Adams has tendered his resignation as a member of the Roanoke Neighborhood Advocates, effective immediately. Sincerely, tcfrptioaj, /taw Stephanie M. Moon, MMC City Clerk Page 2 of 2 Dear Bob, I am writing to inform you that I have decided to resign from my position on the RNA, effective today. 1 do apologize for the inconvenience this will cause, and for having had to miss a number of meeting as of late. I wish everyone on the Board much success with whatever direction it decides to take. Sincerely, Tony Adams file://C:\Users\CKCT 1\AppData\Local\Temp\notesE 1 EF34\—web7259.htm 1/9/2014 ROANOKE REGIONAL AIRPORT COMMISSION R. 5202 Aviation Drive Roanoke,VA 24012-1148 (540)362-1999 FAX(540)563-4838 www.roa nokeai rport.com January 2, 2014 Honorable Mayor and Members Roanoke City Council 215 Church Avenue, SW Roanoke, Virginia 24011 Dear Mayor Bowers and Members of Council: I am enclosing a copy of Resolution No. 38-121713, adopted by the Roanoke Regional Airport Commission at its meeting on December 17, 2013, changing the name of the airport from Roanoke Regional Airport, Woodrum Field, to Roanoke-Blacksburg Regional Airport, Woodrum Field. The name change will gradually be introduced in various Commission documents, signs, advertising, etc. during 2014. The shortened version, Roanoke-Blacksburg Regional Airport, will be the name to be used day to day. The entity itself, Roanoke Regional Airport Commission, will remain the same. Please contact me if you have any questions. Very truly yours, Cathy S. B# man Commission Secretary Enclosure cc: Chair and Members, Roanoke Regional Airport Commission Mark Allan Williams, General Counsel Roanoke City Attorney Stephanie Moon, Clerk, Roanoke City Council RESOLUTION OF THE ROANOKE REGIONAL AIRPORT COMMISSION Adopted this 17th day of December 2013 No. 38-121713 A RESOLUTION adopting "Roanoke-Blacksburg Regional Airport, Woodrum Field" as the new official name of the airport, and authorizing the Executive Director to take any and all actions necessary to implement such name change during calendar year 2014. WHEREAS, section 8 of the Roanoke Regional Airport Commission Act, Chapter 140, 1986 Acts of Assembly, provides that the name of the airport operated by the Commission within the boundaries of the City of Roanoke and Roanoke County shall be "Roanoke Regional Airport, Woodrum Field", or such other name as the Commission shall adopt, provided that the words "Woodrum Field" are part of such other name; WHEREAS, the Commission has determined that it is in the interests of the airport and the flying public to adopt "Roanoke-Blacksburg Regional Airport, Woodrum Field" as the new official name of the airport, with a shortened version, Roanoke-Blacksburg Regional Airport, being used day to day; and, WHEREAS, various actions over an extended time period are necessary to implement such name change. NOW, THEREFORE, BE IT RESOLVED by the Commission that: 1. Pursuant to the authority granted to this Commission in the Roanoke Regional Airport Commission Act, Chapter 140, 1986 Acts of Assembly, the Commission hereby adopts "Roanoke-Blacksburg Regional Airport, Woodrum Field" as the new official name of the airport effective as of calendar year 2014; 2. The Executive Director is hereby authorized to take any and all actions necessary and appropriate on behalf of the Commission to implement and make such name change effective during calendar year 2014, including, without limitation, execution of any and all necessary and appropriate documentation in form approved by General Counsel; and, 3. The Commission Secretary is directed to provide certified copies of this resolution to Roanoke City Council and to the Roanoke County Board of Supervisors. ATTEST: Secret • VOTE: AYES: Dooley.Gust,Porterfield,Lawrence NAYS: None ABSENT: Minnix I ce ify that this is a true teste copy. Cathy S.Bo an,Commission Secretary CITY OF ROANOKE OFFICE OF THE CITY CLERK • 215 Church Avenue, S.W.,Suite 456 1` " Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: clerk��,roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk January 23, 2014 Rebecca J. Cockram, Secretary Board of Zoning Appeals Roanoke, Virginia Dear Ms. Cockram: This is to advise you that Drew H. Kepley has qualified as a member of the Board of Zoning Appeals for a three-year term of office ending December 31, 2016. Sincerely, hn. . Stephanie M. Moon, MMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Drew H. Kepley, 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 member of the Board of Zoning Appeals for a three-year term of office commencing January 1, 2014 and ending December 31, 2016, according to the best of my ability. So help me God. Drew H. Kepley The foregoing oath of office was taken, sworn to, and subscribed before me by Drew H. Kepley this Ittday of.'AI,LGSy 201q. 11 Brenda S. Hamilton, Clerk of the Circuit Court By r inieT iQ 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 STEPHANIE M.MOON,MMC E-mail: clerk�ilroanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA 1'.WEBB,CMC Assistant Deputy City Clerk January 23, 2014 Karl Kleinhenz, Secretary Fair Housing Board Roanoke, Virginia Dear Mr. Kleinhenz: This is to advise you that Lawrence K. Dowler has qualified as a members of the Fair Housing Board fora three-year term of office ending March 31, 2016. Sincerely, hy ``"w3'�tl,m 1 Stephanie M. Moon, MMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Lawrence K. Dowler, 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 member of the Fair Housing Board to fill the unexpired office of Valerie Hale (deceased) ending March 31, 2016, according to the best of my ability. So help me God. 2en ,I Imo, ce K. Dowler The foregoing oath of office was taken, sworn to, and subscribed before me by Lawrence K. Dowler this / day of yd../„ca'-J 2014. /✓ Brenda S. Hamilton, Clerk oft - Circuit Court By7�j1 / tea/ �/ i dr 1 , Clerk e ' \ D BID FORM FOR A LEASE AGREEMENT FOR CONSTRUCTION, DEVELOPMENT, MAINTENANCE AND OPERATION OF OUTDOOR ATHLETIC FACILITY RESPONSIBILITY OF BIDDER: It is the sole responsibility of the Bidder to assure that its bid is delivered to the place designated for receipt of bids and prior to the time set for receipt of bids. No bids received after the time designated for receipt of bids will be considered. BID DUE DATE, TIME, AND DELIVERY OF BID: All bids are due on or before Noon, 12:00 p.m., local time, Tuesday, January 21, 2014, and are to be delivered to the address listed below. The completed Bid Form, together with any other documents the Bidder wishes to submit, should be enclosed in a sealed envelope and addressed as follows: Council of the City of Roanoke c/o Office of the City Clerk, Room 456 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Place in front lower left-hand corner of envelope and on the back of the envelope in bold letters the following title: "BID FOR EXECUTION OF LEASE AGREEMENT, TO BE OPENED AT THE CITY COUNCIL MEETING AT 2:00 P.M. ON JANUARY 21, 2014." Date: January 21, 2014 Roanoke Valley Youth Soccer Club, Inc_ _ _proposes and agrees, if its Let !Name of Bidden Bid is accepted, to enter into and be bound by a Lease Agreement, a copy of which is on file in the Office of the City Clerk fcr the City of Roanoke, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. Furthermore, the undersigned Bidder warrants that it can and will comply with the provisions of such Lease Agreement. Bid: Bidder agrees that annual payments will be made according to the Lease Agreement. In that regard, Bidder agrees to pay an annual rent of $ 100.00 (One Hundreddollars), such bid being at least 51.00 (Cne dollar.) per year. Payment is due to the City in accordance with the terms of the Lease Agreement. Bid Term: Up to Forty (40) years, commencing on February 1, 2014, and ending or terminable pursuant to the terms of the Lease Agreement. Bid: Bidder agrees, if its bid is accepted, to execute, deliver, and perform all terms and conditions of the Lease Agreement, a copy of which is on file in the Office of the City Clerk, 1 Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011 . Bid: The amount of investment the Bidder proposes to make for the Outdoor Athletic Facility, including the annual rent, is described in Exhibit A attached hereto and made a part hereof. Bid: The financial ability of the Bidder to complete the Outdoor Athletic Facility as set forth in the Lease Agreement, is described in Exhibit B attached hereto and made a part hereof Rid: The Bidder's commitment to complete the Initial Improvements as they are described in the Lease Agreement and open the Outdoor Athletic Facility for use on or before January 31, 2017, is described in Exhibit C attached hereto and made a part hereof. Bidder agrees, if its bid is accepted, to reimburse the City for the costs of any advertisements for this matter. State Bidder's complete legal name, exactly as it is recorded with the Virginia State Corporation Commission (SCC), or the corn)(etc legal name of Bidder if it is not a corporation. LEGAL NAME OF BIDDER: Qano,- . - • . 1 • • BY: 11/e�!li,��t TITLE: President (Printed Title) Mark W. Walsh (Printed Name) STREET ADDRESS: 2800 Electric Road SW, Suite 1020 MAILING ADDRESS: Same as above _ CITY: Roanoke STATE: VA ZIP CODE: 24018 TELEPHONE: 540-345-7820 _. -____— FAX: 540-345-7840 Bidder's SCC Identification Number: 0275808 EXHIBIT A TO A BID FORM FOR A LEASE AGREEMENT FOR CONSTRUCTION, DEVELOPMENT, MAINTENANCE AND OPERATION OF OUTDOOR ATHLETIC FACILITY The amount of investment the Bidder proposes to make for the Outdoor Athletic Facility, including the annual rent, is as follows: Roanoke Valley Youth Soccer Club (RVYSC) is prepared to build a soccer complex as shown on the conceptual drawing of the Highland Farm Park parcel and Ranch Road parcel showing the multi field complex for the Countryside property. RVYSC intends on using Altizer Hodges and Varney(AHV) as our engineer to complete the design of the complex based on the attached conceptual. The plan for the Highland Farm parcel will include the development of three Bermuda grass fields. In the future, once funding is secured, one of these fields will be converted over to a synthetic turf for all weather play. The fields will be full size, regulation soccer fields(dimensions 120 yards by 80 yards)with planned lighting (subject to proper City approval process) on all fields and underground irrigation of the grass fields. These fields will be located on the land zoned for recreation located near the former tennis facility. In addition to the Highland parcel, the plan will include the development of three (3)additional Bermuda grass fields on the Ranch Road parcel. These fields will also be built with irrigation along with additional parking areas. The contractor for all of this work will be competitively bid using the most cost effective and best value for the Club as criteria. Proximity to the fields and parking at nearby William Fleming High School will afford the City/the Roanoke Star to provide a first class venue to host regional soccer tournaments, league match play, recreational tournaments, college showcase events, collegiate matches, NCAA tournament events and even professional matches. RVYSC's plan budget is approximately two million dollars to build this complex. A breakdown of the proposed budget is shown below. The complex will be done in three phases: 1) initial grading of all grass fields and irrigation, 2) lighting of Highland fields and 3)conversion of one of the Highland fields into a synthetic field turf field. Countryside Soccer Complex Budget Engineering $ 66,500 Grading (bermuda sprigging & irrigation included) $ 865,000 Lighting (Highland Farms Parcel only) $ 350,000 Synthetic Turf Field $ 650,000 Equipment, &Misc. $ 184,000 Contingency $ 50,000 Total $ 2,165,500 The annual rent the Bidder agrees to pay is One Hundred Dollars ($100_00) per year Dollars per year. EXHIBIT B TO A BID FORM FOR A LEASE AGREEMENT FOR CONSTRUCTION, DEVELOPMENT, MAINTENANCE AND OPERATION OF OUTDOOR ATHLETIC FACILITY The financial ability of Bidder to complete the construction, development, maintenance and operation of the Outdoor Athletic Facility described in the Lease Agreement dated February I, 2014, is as follows: Exhibit B RVYSC funded and constructed a five (5)field soccer complex in Roanoke County located at Vinyard II Park. The land has been leased from the county since 1994 by RVYSC, Inc. Roanoke Star planned the soccer fields, raised the funds (approximately$400,000)organized the construction of the soccer complex along with the associated parking, and equipped the field complex,which is still used and operated by Roanoke Star today. Since its development,the Club has managed the complex, scheduled all programming and performed all maintenance on the fields including mowing, seeding, fertilizing, aerating,field repair, turf blanketing, irrigating, etc. Funding required for the field development to include the lighted synthetic field is estimated to be$2,165,500 (inclusive of a$50,000 contingency budget). Funding will be derived from a combination of sources including the Club's field development funds (currently$250,000 as of December 31, 2013), and a capital campaign (approximately$1,900,000) targeting a combination of foundations(e.g., US Soccer Foundation), corporate and individual donors known to the Club. It should be noted that all Club Board members will be contributing to the capital campaign as well. The Club has over 10,000 player alumni whose families reside in the Roanoke area. Many of these family members are business owners and professionals.As we did in the development of our Vinyard complex, the Club will turn to these connections for both business and individual support. In addition, the Club has identified a variety of foundations which we believe will provide financial and in kind support given the lack of facilities in the region and the recognition of the Roanoke Star program for its legacy of developing youth players. Our board has also met with a professional fundraiser and is receiving advice from Board members such as Mike Maxey the President of Roanoke College and Greg Feldmann, who have deep experience with multi-million dollar capital campaigns. The Club anticipates that the capital campaign will take 12- 18 months to achieve sufficient financial commitments with a 3 to 5 year pay-in period anticipated. RVYSC has approximately$250,000 in cash and pledges received to date to start the capital campaign with money raised from bingo operations and one foundation donation. RVYSC's bingo operations are budgeted to contribute a total of$500,000 to the development of the soccer complex. $200,000 of this total is in hand. The Club currently generates over$150,000 per year from Bingo. EXHIBIT C TO A BID FORM FOR A LEASE AGREEMENT FOR CONSTRUCTION, DEVELOPMENT, MAINTENANCE AND OPERATION OF OUTDOOR ATHLETIC FACILITY The Bidder's commitment to complete the Initial Improvements as they are described in the Lease Agreement dated Feb:uary 1, 2014, is as follows: Within two years of execution of the lease agreement with the City, Roanoke Star anticipates construction work on the complex to start. The field complex will be constructed in phases as described in Exhibit A matched against available funding from the capital campaign. Final engineering and planning will be paid directly from the Club's field funds,which would be completed during the initial startup of the capital campaign. The first field construction phase would include grading, drainage, irrigation and possibly foundations and conduit for the lighting system. The first phase would ideally start in early spring and would be completed late summer to allow the grass to grow and seat properly prior to opening for play the following year. Once this phase is completed, the complex can be used as a three field grass complex on Highland Farm and three field complex on Ranch until final campaign funds are available for the synthetic turf field, lighting(only at Highland Farms) and remaining amenities. The synthetic turf field would be installed in the off season along with the lights in order not to affect the operation of the complex. Completion of these phases will take approximately 1 to 2 months for each one depending on the weather. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of January, 2014. No. 39843-012114. A RESOLUTION authorizing acceptance of the 2014 V-STOP Grant made to the City of Roanoke by the Virginia Department of Criminal Justice Services(DCJS),and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the Virginia Department of Criminal Justice Services(DCJS),the 2014 V-STOP Grant in the amount of $28,193, with a required local match of$9,398 and an additional local match of$10,253, making total funding of$47,844,to employ the Police Department's full-time non-sworn Domestic Violence Specialist,as more particularly described in the City Council Agenda Report dated January 21,2014. 2. The City Manager is hereby authorized to execute and file,on behalf of the City, any documents setting forth the conditions of the grant in a form approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the acceptance of the foregoing grant. Al IEST: htTh 1115) ) City Clerk. R-V-Stop Grant.l-21-2014 7/ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of January, 2014. No. 39844-012114. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Police Department Domestic Violence Program Grant (VSTOP), 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 Regular Employee Salary 35-640-3118-1002 $35,327 ICMA Retirement 35-640-3118-1115 3,179 FICA 35-640-3118-1120 2,702 Medical Insurance 35-640-3118-1125 5,748 Dental Insurance 35-640-3118-1126 349 Life Insurance 35-640-3118-1130 420 Disability Insurance 35-640-3118-1131 119 Revenues VSTOP Grant CY2014 - State 35-640-3118-3118 28,193 VSTOP Grant CY2014 - Local 35-640-3118-3119 19,651 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: kettQAL„L_,M, nAo City Clerk. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: January 21, 2014 Subject: 2014 Violence Against Women Act: V-STOP Grant Background: The Department of Criminal Justice Services of the Commonwealth of Virginia has awarded the Roanoke Police Department $28,193 in grant funding as part of the Violence Against Women Act (V-STOP). The Roanoke Police Department will use the award to fund its existing Domestic Violence Specialist position. The 2014 V-STOP grant award, like previous V-STOP grant awards, requires a local match of $9,398. Unfortunately, the 2014 V-STOP grant, like the 2013 and 2012 V-STOP grant awards, was 1 5% less than the 2011 grant award. To maintain current salary and benefit levels for the position, the City of Roanoke will be required to provide an additional $10,253 to the 2014 V-STOP grant for a total local match of $19,651 . The Domestic Violence Specialist is an essential employee who is tasked with providing services to the victims of domestic violence. The Domestic Violence Specialist investigates domestic violence offenses, ensures that victims receive support services throughout their case, prepares cases for prosecution and directs Police Department resources towards apprehending the most dangerous offenders. Recommended Action: Accept the 2014 V-STOP 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 Grant fund for State grant funds of $28,193, transfer funding in the amount of $19,651 from account 35-300-9700-5415 to provide the local match funding, and appropriate total funding of $47,844 for salary and benefits in an account to be established by the Director of Finance in the Grant Fund. Christopher 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of January, 2014. No. 39845-012114. A RESOLUTION authorizing acceptance of the Virginia Sexual & Domestic Violence Victim Fund(V SDV VF)Grant made to the City of Roanoke by the Virginia Department of Criminal Justice Services (DCJS), and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the Virginia Department of Criminal Justice Services(DCJS),the Virginia Sexual&Domestic Violence Victim Fund (VSDVVF) Grant in the amount of$31,588, with a local match of$20, 919, making total funding of$52,507,for the continued employment of the Police Department's Sexual Violence Specialist and Hispanic Outreach Coordinator, as more particularly described in the City Council Agenda Report dated January 21, 2014. 2. The City Manager is hereby authorized to execute and file,on behalf of the City,any documents setting forth the conditions of the grant in a form approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the acceptance of the foregoing grant. ATTEST: ty erk. R-police dept sexual&domestic violence coordinator¢rant.1-22-2014 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of January, 2014. No. 39846-012114. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Virginia Sexual and Domestic Violence Victim Fund 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 Regular Employee Wages 35-640-3361-1002 $ 36,111 City Retirement 35-640-3361-1105 6,591 Health Savings 35-640-3361-1117 361 FICA 35-640-3361-1120 2,790 Medical Insurance 35-640-3361-1125 5,748 Dental Insurance 35-640-3361-1126 349 Life Insurance 35-640-3361-1130 434 Disability Insurance 35-640-3361-1131 123 Revenues Domestic Violence Victim CY2014 - State 35-640-3361-3361 31,588 Domestic Violence Victim CY2014 - Local 35-640-3361-3362 20,919 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ity Irk. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: January 21, 2014 Subject: 2014 Virginia Sexual and Domestic Violence Victim Fund Grant Background: The Department of Criminal Justice Services of the Commonwealth of Virginia has awarded the Roanoke Police Department $31 ,588 in grant funding as part of the Virginia Sexual and Domestic Violence Victim Fund. There is no local match requirement. The Roanoke Police Department will use the award to partially fund its existing Sexual Violence Specialist position. The Sexual Violence Specialist was previously funded into a full-time employee position through a combination of general funds and grant funds in the absence of alternative grant funding sources. The 2014 Virginia Domestic Violence Victim Fund grant is not sufficient to fully cover the salary and benefits of a full time position. To maintain the position as a full time employee at current salary and benefit levels, the City of Roanoke will be required to provide an additional $20,919 in funding to the 2014 Virginia Domestic Violence Victim Fund grant. The Sexual Violence Specialist is an essential employee who provides services to the victims of sexual assault. The Sexual Violence Specialist investigates sexual violence offenses, ensures that victims receive support services throughout their case, and prepares cases for prosecution. Beyond the services that the employee provides in their grant funded capacity, they also serve as the Hispanic Outreach Coordinator for the Roanoke Police Department. As the Hispanic Outreach Coordinator they coordinate community events, assist in criminal investigations, and work to improve community relations. Recommended Action: Accept the 2014 Virginia Domestic Violence Victim Fund 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 Grant fund for State grant funds of $31 ,588, transfer funding in the amount of $20,919 from the Grant Match account (35-300-9700-5415) to provide local match funding, and appropriate total funding of $52,507 for salary and benefits to an account to be established by the Director of Finance in the Grant Fund. giv Christopher 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 2 CITY OF ROANOKE r " OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 kit Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: clerk(a)roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk January 23, 2014 Christopher P. Morrill City Manager City of Roanoke Dear Mr. Morrill: Your communication requesting authorization for acceptance of additional Virginia Department of Transportation Federal Transportation Enhancement funds for Roanoke River Greenway Memorial Bridge Trail Connector Project, was before the Council of the City of Roanoke at its regular meeting held on Tuesday, January 21, 2014. On motion, duly seconded and unanimously adopted, Council concurred in your request for the matter to be withdrawn. Sincerely, A fr.fra 4-y) . 0-tr.) Stephanie M. Moon, MMC City Clerk Enclosure pc: Daniel J. Callaghan, City Attorney Ann H. Shawver, Director of Finance IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA A RESOLUTION authorizing the acceptance of additional Virginia Department of Transportation (VDOT) Enhancement Grant funding for the Roanoke River Greenway Memorial Bridge Trial Connector Project; authorizing the City Manager to execute a Revised Appendix A to the City's Roanoke River Greenway Project Agreement with VDOT; and authorizing the City Manager to take such further actions and execute such further documents as may be necessary to obtain, accept, implement, administer, and use the grant funds for the Roanoke River Greenway Project. WHEREAS, the City of Roanoke and the Virginia Department of Transportation (VDOT) entered into a Transportation Enhancement Program Agreement dated May 16, 2005, for Project Development and Administration of the Roanoke River Greenway Project,which was authorized by Resolution No. 36942-011805; WHEREAS, the above Agreement was for the design and construction of two segments of, the Roanoke River Greenway Project from Wasena Park to Ghent Park and a bridge connection to the Tinker Creek Greenway; WHEREAS, under amendments to the original Agreement, authorized by Resolution No. 38750-031510, the Project was to receive a total of $1,094,000 in Federal Transportation Enhancement (FTE) Funds, requiring a local match of $273,500; American Recovery and Reinvestment Act of 2009(ARRA)funds in the amount of$1,400,000;federal Open Container(OC) R-AddI VDOT Greenway funds I.21.14.doc 1 funds in the amount of$1,300,000; and City funds in the amount of$67,700, for a total project allocation of$4,135,200; WHEREAS, the Roanoke River Greenway Tinker Creek Connection portion of the Project was completed as of April 20, 2012, utilizing approximately $3.8 million of the above allocated funding; WHEREAS,VDOT has notified the City by letter dated November 13,2013,of an increase of$665,443 being provided to the City as an additional allocation of FTE funds; and WHEREAS, such additional funding from VDOT, together with an additional $98,660 of City funds to meet the City's required 20%match, increases the total Project funding amount from $4,135,200 to$4,899,303,which is reflected in VDOT's Revised Appendix A dated November 12, 2013. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the additional VDOT Transportation Enhancement Grant funding in the amount of$665,443,which requires an additional$98,660 in City funds to meet the required local match, for the Roanoke River Greenway Memorial Bridge Trial Connector Project,all as more particularly set forth in the City Council Agenda Report dated January 21, 2014. 2. The City Manager is hereby authorized to execute a Revised Appendix A to the above mentioned Transportation Enhancement Program Agreement for Project Development and Administration for the Roanoke River Greenway Project. Such Revised Appendix A shall be substantially similar to the one attached to the Agenda Report referred to above and shall be in a form approved by the City Attorney. R-Ad81 VDOT Greenway funds 1 21 14.doe 2 3. The City Manager is further authorized to take such further actions and execute such further documents as may be necessary to obtain, accept, implement, administer, and use the above funds for the above referenced Project,any such additional documents to be approved as to form by the City Attorney. ATTEST: City Clerk. R-Add'1 VDOT Greenway funds 1.21.14.doe 3 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA AN ORDINANCE to appropriate funding from the Virginia Department of Transportation and to transfer funding from the Comprehensive Greenway Trail project to the Roanoke River Greenway/Tinker Creek Bridge project, amending and reordaining certain sections of the 2013-2014 Capital Projects Fund Appropriations and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2013-2014 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from General Revenue 08-620-9200-9003 $ 98,660 Appropriated from State Grant Funds 08-620-9200-9007 665,443 Appropriated from General Revenue 08-620-9753-9003 ( 98,660 ) Revenues Federal Transportation Enhancement Grant — Roanoke River/Tinker Creek 08-620-9200-9202 665,443 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: January 21, 2014 Subject: Acceptance and Appropriation of Additional Virginia Department of Transportation Federal Transportation Enhancement Funds for Roanoke River Greenway Memorial Bridge Trail Connector Project Background: The City of Roanoke and the Virginia Department of Transportation (VDOT) entered into a Transportation Enhancement Program Agreement dated May 16, 2005, for Project Development and Administration of the Roanoke River Greenway Project. The Agreement was for design and construction of two segments of the Roanoke River Greenway Project from Wasena Park to Ghent Park and a bridge connection to the Tinker Creek Greenway. Under amendments to the original Agreement, the Project was to receive a total of $1 ,094,000 in Federal Transportation Enhancement (FTE) Funds, requiring a local match of $273,500; American Recovery and Reinvestment Act of 2009 (ARRA) funds in the amount of $1 ,400,000; federal Open Container (OC) funds in the amount of $1 ,300,000; and City funds in the amount of $67,700, for a total project allocation of $4,135,200. The Roanoke River Greenway Tinker Creek Connection portion of the Project has been completed. The Memorial Bridge Trail Connector portion of the Wasena Park to Ghent Park segment of the project remains to be completed. Considerations: VDOT has notified the City by letter dated November 13, 2013, of an increase of $665,443 being provided to the City as an additional allocation of FTE funds. This additional funding from VDOT, together with an additional $98,660 of City funds to meet the City's required 20% match, increases the total Project funding amount from $4,135,200 to $4,899,303, which is reflected in VDOT's Revised Appendix A dated November 12, 2013. A copy of such Revised Appendix A, which updates the project funding amounts to show the current funding allocations, is attached to this Report. The additional City funding of $98,660 needed to meet the required 20% local match from the City is available in account 08-620-9753, Comprehensive Greenway Trail. City Council approval is needed to accept the additional FTE funds, authorize an amendment to the above mentioned Agreement with VDOT as shown in the Revised Appendix A referred to above, and appropriate the subject funds to the appropriate account. Recommended Action: Accept the additional award of Federal Transportation Enhancement program funds from VDOT in the amount of $665,443, which requires an additional $98,660 in City funds to meet the 20% required local match as mentioned above and appropriate such funds as set forth below. Authorize the City Manager to execute the Revised Appendix A to the above mentioned Transportation Enhancement Program Agreement for Project Development and Administration for said Project. Such Revised Appendix A shall be substantially similar to the one attached to this report and shall be in a form approved by the City Attorney. Authorize the City Manager to take such further actions and execute such further documents as may be necessary to obtain, accept, implement, administer, and use the above funds for the above referenced Project. Adopt the accompanying Budget Ordinance to: 1 . Increase the revenue estimate for the above mentioned VDOT funds by $665,443 for the Roanoke River Greenway Project and appropriate funding in the same amount to expenditure account 08-620-9200, Roanoke River Greenway / Tinker Creek Bridge. 2. Transfer $98,660 in additional City funds to meet the required 20% local match funding as set forth above from account 08-620-9753, Comprehensive Greenway Trail, to project expenditure account 08-620- 9200, Roanoke River Greenway / Tinker Creek Bridge. Christopher 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., L.S., City Engineer Stephen C. Buschor, Director of Parks & Recreation 2 ,:r,,,, CITY OF ROANOKE b - OFFICE OF THE CITY CLERK 215 Church Avenue,S.W., Suite 456 It Roanoke,Virginia 24011-1536 .,,.`"i, Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: Berk @roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk January 23, 2014 Municipal Code Corporation P. O. Box 2235 Tallahassee, Florida 32316 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 39847-012114 amending and reordaining Chapter 21, Offenses — Miscellaneous, of the Code of the City of Roanoke, Virginia (1979), as amended, by adding new Article XI, Methamphetamine Lab Cleanup, Chaper 21, Offenses — Miscellaneous, of the Code of the City of Roanoke, Virginia (1979), as amended. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, January 21, 2014, and is in full force and effect on March 31 , 2014. Sincerely, irtieaL, rh 11M) 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 January 23, 2014 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 Christopher Perkins, Chief of Police Cj. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of January, 2014. No. 39847-012114. AN ORDINANCE amending and reordaining Chapter 21, Offenses—Miscellaneous, of the Code of the City of Roanoke, Virginia(1979), as amended,by adding new Article XI, Methamphetamine Lab Cleanup, Chapter 21, Offenses—Miscellaneous, of the Code of the City of Roanoke, Virginia (1979), as amended, providing for an effective date; and dispensing with the second reading by title paragraph of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Code of the City of Roanoke, Virginia (1979), as amended, is hereby amended and reordained by the addition of new Article XI, Methamphetamine Lab Cleanup, Chapter 21, Offenses - Miscellaneous, to read and provide as follows: Chapter 21, Offenses— Miscellaneous * * * Article XL Methamphetamine Lab Cleanup. Sec. 21-228. Methamphetamine Laboratory Cleanup Cost Recovery. Pursuant to Virginia Code Section 15.2-1716.2, as amended, Methamphetamine lab cleanup costs; localities may charge for reimbursement. Any person convicted of an offense for the manufacture of methamphetamine under Virginia Code Section 18.2-248 or Section 18.2-248.03 shall, at the time of sentencing or in a separate civil action, be liable to the City of Roanoke for restitution of expenses incurred in the cleanup of any methamphetamine lab related to the conviction. The amount charged shall not exceed the actual expenses incurred associated with cleanup, removal or repair of the affected property, or the replacement cost ofpersonal protective equipment used. 2. This Ordinance shall become effective on March 31, 2014. 3. Pursuant to §12 of the Roanoke City Charter, the second reading by title paragraph of this ordinance is hereby dispensed with. ATTEST: tititigua_.) rim "hety.) City Clerk. " � CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: January 21, 2014 Subject: Amendment to Chapter 21, Offenses-Miscellaneous, of the Code of the City of Roanoke, Virginia (1979), as amended, by adding new Article XI, Methamphetamine Lab Cleanup Background: The Code of Virginia (1950) as amended; §15.2-1716.2 allows localities to obtain reimbursement for Methamphetamine lab cleanup costs from any person convicted of an offense for the manufacture of methamphetamine under Virginia Code § 18.2-248 or § 18.2-248.03. Any person convicted shall at the time of sentencing or in a separate civil action, be liable to the City of Roanoke for restitution of expenses incurred in the cleanup of any methamphetamine lab related to the conviction. The amount charged shall not exceed the actual expenses incurred associated with cleanup, removal or repair of the affected property, or the replacement cost of personal protective equipment used. The City of Roanoke incurred $16,820 of cleanup expenses related to the operation of clandestine methamphetamine laboratories during FY13. Similar provisions enabling cost recovery are in place in the codes of the counties of Campbell, Chesterfield, Culpepper, King George, Middlesex, Montgomery, New Kent, Prince George, and Roanoke as well as the cities of Chesapeake, Galax, and Lynchburg. Considerations: The proposed amendment will enable the City of Roanoke to be entitled to reimbursement from any person convicted of § 18.2-248 or § 18.2-248.03 for the manufacture of methamphetamine. Attached to this report is Article XI, Methamphetamine Lab Cleanup ordinance, which incorporates editorial and clarifying changes. Recommended Action: Adopt the proposed amendment to Chapter 21 , Offenses- Miscellaneous, of the Code of the City of Roanoke, Virginia (1979), as amended, by adding new Article XI, Methamphetamine Lab Cleanup attached to this report to establish a cost recovery mechanism effective March 31 , 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 21 of the Code of the City of Roanoke (1979), as amended, prior to the effective date of Article X, including, but not limited to, developing policies, forms, procedures, and manuals necessary to implement Chapter 21 , Offenses- Miscellaneous, of the Code of the City of Roanoke, Virginia (1979), as amended, by adding new Article XI, Methamphetamine Lab Cleanup. 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 Methamphetamine Lab Cleanup ordinance. stopher P. Morrill City Manager Distribution: Council Appointed Officers Brian Townsend, Assistant City Manager for Community Development Sherman Stovall, Assistant City Manager for Operations Christopher Perkins, Chief of Police 2 CITY OF ROANOKE e, OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 l ,x4 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: cler a roanokeva.gov JONATHAN E.CRAFT,CMC Deputy City Clerk City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk January 23, 2014 Christopher P. Morrill City Manager Roanoke, Virginia Dear Mr. Morrill: Your communication recommending an amendment to the Code of the City of Roanoke (1979), as amended, to include skateboards as a mode of wheeled transportation and to govern the operation of wheeled transportation within public parks or plazas, effective March 31, 2014, was before the Council of the City of Roanoke at its regular meeting held on Tuesday, January 21, 2014. On motion, duly seconded and unanimously adopted, the matter was tabled until March 17, 2014 at 2:00 p.m. Sincerely, Stephanie M. Moon, M Clerk Enclosure pc: Daniel J. Callaghan, City Attorney Ann H. Shawver, Director of Finance &✓ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA AN ORDINANCE amending and reordaining Section 30-13.1, Use of wheelbarrows, handcarts, bicycles, skates, etc., on sidewalks, Article 1. In General, of Chapter 30, Streets and Sidewalks, Code of the City of Roanoke (1979), as amended; providing for an effective date; 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. The Code of the City of Roanoke, Virginia (1979), as amended, is hereby amended and reordained to read and provide as follows: Chapter 30, Streets and Sidewalks Article I. In General Sec. 30-13.1. Use of wheelbarrows, handcarts, bicycles, skates, skateboards, etc., on sidewalks, or other hardscape within a public park or plaza. (a) No person shall operate, on any sidewalk, any wheelbarrow, handbarrow, handcart, handcarriage or other carriage or vehicle, whatever, except in passing directly across such sidewalk for the purpose of delivering goods or other articles. This subsection shall not prohibit the use of baby carriages, strollers or related modes of transportation of infants, or the use of wheelchairs and wheelchair conveyance used for the transportation of disabled persons or electrical personal assistive mobility devices, electric power- assisted bicycles or motorized scooters equipped with a seat used for the transportation of disabled persons when such device has a state-issued placard for the disabled prominently displayed on the sidewalk:,, nor shall this subsection prohibit the placement of a street vending cart permitted pursuant to section 30-9.2 of this Code or maneuvering of such cart to an authorized street vending site. (b) No person, except a law enforcement officer in the performance of his official duties, shall ride any bicycle, including bicycles equipped with training wheels, on any sidewalk. (c) No person fifteen (15) years of age or older shall use any sidewalk for roller skating, skateboarding, ice skating, sleighing or playing or riding upon any other similar toy or device on wheels or runners. (d) No person shall use any sidewalk, walkway or hardscape within a public park, amphitheater or plaza for roller skating, skateboarding, ice skating, sleighing or playing or riding upon any other similar toy or device on wheels or runners, except for those areas specifically designated for such use by signage posted by the City. For the purposes of this subsection hardscape shall be defined as any sidewalk, walkway, bench, bleacher, ramp, stage wall, terrace, railing, stairs or staircase located within a public park, amphitheater or plaza. 2. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. 3. This Ordinance shall become effective on March 31, 2014. ATTEST: City Clerk. 2 ala 4144 CITY COUNCIL AGENDA REPORT ^°tom To: Honorable Mayor and Members of City Council Meeting: January 21, 2014 Subject: Amendment to Chapter 30, Streets and Sidewalks, of the Code of the City of Roanoke, Virginia (1979), as amended, by amending Article I, Sec. 30-13.1 Use of wheelbarrows, handcarts, bicycles, skates, etc., on sidewalks Background: The use of wheelbarrows, handcarts, bicycles, skates, etc. on sidewalks in the City of Roanoke is regulated by Article I, Chapter 30, Streets and Sidewalks, of the Code of the City of Roanoke, Virginia (1979), as amended. Section 30-13.1 in its current form does not include skateboards as a mode of wheeled transportation, nor does it govern the operation of wheeled transportation within public parks or plazas. The proposed amendment will expand the definition of wheeled transportation devices governed by Sec. 30-31 .1 to include skateboards and the regulated terrain to include other hardscape surfaces within a public park or plaza. The proposed amendment will also eliminate the age exemption from the section. Considerations: To ensure access for families with small children and the disabled, the amendment to Sec. 30-13.1 includes creating an exemption that shall not prohibit the use of baby carriages, strollers or related modes of transportation of infants, or the use of wheelchairs and wheelchair conveyance used for the transportation of disabled persons or electric power-assisted bicycles or motorized scooters equipped with a seat used for the transportation of disabled persons when such device has a state-issued placard for the disabled prominently displayed thereon. Recommended Action: Adopt the proposed amendment to Chapter 30, Streets and Sidewalks, of the Code of the City of Roanoke, Virginia (1979), as amended, by amending Article I, Sec. 30-13.1 Use of wheelbarrows, handcarts, bicycles, skates, etc., on sidewalks attached to this report to establish regulations effective March 31 , 2014, and as set forth therein and amending the section title to Use of wheelbarrows, handcarts, bicycles, skates, skateboards, etc., on sidewalks or other hardscape within a public park or plaza ordinance. Authorize the City Manager to take all steps necessary and/or advisable, in his discretion, to implement an effective transition of Chapter 30 of the Code of the City of Roanoke (1979), as amended, including, but not limited to, developing policies, forms, procedures, and manuals necessary to implement Chapter 30, Streets and Sidewalks, of the Code of the City of Roanoke, Virginia (1979), as amended, by amending Article I, Sec. 30-1 3.1 Use of wheelbarrows, handcarts, bicycles, skates, skateboards, etc., on sidewalks or other hardscape within a public park or plaza ordinance. 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 use of wheelbarrows, handcarts, bicycles, skates, skateboards, etc., on sidewalks or other hardscape within a public park or plaza ordinance. Christopher P. Morrill City Manager Distribution: Council Appointed Officers Brian Townsend, Assistant City Manager for Community Development Sherman Stovall, Assistant City Manager for Operations Christopher Perkins, Chief of Police 2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of January, 2014. No. 39848-012114. AN ORDINANCE accepting the transfer of certain real property, together with any buildings and improvements thereon, situated at 502 Williamson Road, S.E., Roanoke, Virginia, Official Tax Map No. 4013322 (Property) from the City of Roanoke Redevelopment and Housing Authority (RRHA); authorizing the City Manager to execute all documents and take such other actions necessary to acquire, accept, implement, administer, and effectuate the transfer of the Property to the City, including executing any amendments to a Parking Lot Management Agreement dated October 15, 2002, between the City and RRHA; and dispensing with the second reading by title of this Ordinance. WHEREAS, RRHA serves to promote affordable housing and redevelopment of property for the benefit of the citizens of Roanoke; WHEREAS, RRHA has worked with City staff to review certain properties which RRHA currently owns with the intention of determining the best use of such properties; WHEREAS, RRHA, in consulting with City staff, has determined that RRHA has no immediate plans for development of several parcels of real property, including the Property, and has decided to transfer these parcels of real property to the City; WHEREAS, the City is reviewing the title and the conditions of each parcel of real property that RRHA proposes to transfer to the City and, at this time, the City is prepared to accept the transfer of the above parcel designated as the Property for the reasons set forth in the K,\Measures\RRHA Transfer to COR OF Tax Map No.4013322 502 Williamson Road 1 21 14.docx 1/14/14 City Council Agenda Report dated January 21, 2014, with the other parcels to be considered by Council at a later date; WHEREAS, the Property is currently used as a surface parking lot that is managed by the City pursuant to a Parking Lot Management Agreement, dated October 15, 2002, by and between the City and RRHA (Parking Lot Agreement); WHEREAS, portions of the Property are needed to complete improvements being made by the Virginia Department of Transportation (VDOT) for the I-581 and Elm Avenue improvement project and VDOT desires to expedite its acquisition of certain rights in the Property; WHEREAS, the City and RRHA are willing to complete the transfer of the Property at this time in order to cooperate with VDOT; WHEREAS, following acquisition of the Property, the City will consider by future Council action the transfer of certain rights and interests in portions of the Property to VDOT; WHEREAS, as a result of the transfer of the Property to the City, the City and RRHA may need to amend certain terms of the Parking Lot Agreement with respect to the transfer of ownership of the Property to the City; WHEREAS, Section 2-263, of the Code of the City of Roanoke (1979), as amended, requires City Council to accept a gift in excess of$5,000 and the assessed value of the Property is $709,000; WHEREAS, the City Manager recommends to City Council to accept the transfer of the Property from RRHA to the City as more particularly set forth in the City Council Agenda Report dated January 21, 2014; and K:\Measures\RRHA Transfer to COR OF Tax Map No.4013322 502 Williamson Road 1 21 14.doex 1/14/14 WHEREAS, City Council has determined that the transfer of the Property from RRHA to the City will benefit the City and its citizens. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council accepts the transfer of the Property from RRHA to the City in accordance with the terms of the proposed general warranty deed (Deed), a copy of which Deed is attached to the City Council Agenda Report dated January 21, 2014. Council accepts the transfer of the Property pursuant to Section 2-263, Code of the City of Roanoke (1979), as amended. 2. Council authorizes the City Manager to accept the Deed on behalf of the City in accordance with Section 15.2-1803, Code of Virginia (1950), as amended, the Deed to be substantially similar to the Deed attached to the City Council Agenda Report dated January 21, 2014, and the form of the Deed to be approved by the City Attorney. 3. The City Manager is further authorized to take such further actions and execute such further documents as may be necessary to acquire, accept, effectuate, implement, and administer the transfer and acceptance of the Property to the City from RRHA, including without limitation, executing such amendments to the Parking Lot Agreement as may be necessary as a result of the transfer of title of the Property to the City and obtaining owner's title insurance for the Property. All such documents shall be approved as to form by the City Attorney. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance, by title, is hereby dispensed with. 5. This Ordinance is effective as of the date of its passage. ATTEST: City Clerk. K:\Measures\RRHA Transfer to COR OF Tax Map No.4013322 502 Williamson Road 121 14.docx 1114/14 ste VW. marr, CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: January 21, 2014 Subject: Acceptance of Conveyance of Real Property Located at 502 Williamson Road, S.E. (Official Tax Map No. 4013322) from the City of Roanoke Redevelopment and Housing Authority Background: The City of Roanoke Redevelopment and Housing Authority (RRHA) serves to promote affordable housing and redevelopment of property for the benefit of the citizens of Roanoke. As a part of its effort, RRHA developed the Downtown East Redevelopment Project, revised June 1980 and acquired various parcels of property, including real property situated at 502 Williamson Road, S.E., consisting of approximately 25,417 sq. ft. (0.5835 acres) of land, designated as Official Tax Map No. 4013322, and depicted on a plat as New Lot 6 as shown on the Revised Map of Downtown East Renewal Project, made by David Dick, Certified Engineer and Surveyor, dated December 5, 1975, and recorded in the Office of the Clerk of the Circuit Court of the City of Roanoke, Virginia, in Map Book 1 , Page 234, (the "Property"). RRHA has used the Property as a surface parking lot in conjunction with an adjacent parcel. In 2002, and following adoption of Council Resolution No. 36091 -101502, the City and RRHA entered a Parking Lot Management Agreement dated October 15, 2002, to allow the City to provide management and operation services for two (2) surface lots in the City; namely (a) the Bullitt Avenue Surface Lot located at the corner of Bullitt Avenue and Williamson Road involving the Property and other property of RRHA, Official Tax Map No. 4013321 ; and (b) the Church Avenue Surface Lot located on the corner of Church Avenue and Williamson Road, Official Tax Map No. 4011413. In August, 201 3, after numerous discussions and extensive study with the City, RRHA determined that several properties owned by RRHA, including the Property, are not necessary for any current development plans by RRHA. As a result, the Commissioners of RRHA adopted Resolution 3754 on August 28, 201 3, to transfer the Property, and other properties, to the City. The City and RRHA had intended to effectuate the transfer of all such properties at one time. However, the City and RRHA have not completed their due diligence with respect to certain properties at this time. The City and RRHA desire to complete the transfer of this Property at this time because a portion of the Property is a part of the improvement project at Elm Avenue and 1-581 and the Virginia Department of Transportation (VDOT) is planning to acquire easements and a fee interest in small portions of the Property. VDOT proposes to pay the sum of $89,585 for acquisition of said rights and interests. VDOT would like to conclude with the City VDOT's acquisition of the interests VDOT needs in portions of the Property. The City cannot proceed with a transaction with VDOT until the City owns the Property. RRHA will transfer title to the Property by general warranty deed substantially similar in form and substance to the deed attached to this Report (the "Deed"). The City will purchase owner's title insurance in connection with this transfer and the title insurance policy will provide the City with coverage in the amount of the assessed value of the Property ($709,000). The City will make no payment to RRHA for this transfer of Property at this time. The City has agreed to provide RRHA with the sum of $10,000 from the proceeds to be received from VDOT to cover costs of RRHA in connection with the transfer of the Property along with the other properties to be conveyed to the City. Recommended Action: Accept the transfer of the Property as described in this report and authorize the City Manager to acknowledge acceptance of the Deed that is substantially similar to the Deed attached to this Report, in a form approved by the City Attorney. Authorize the City Manager to execute any documents necessary to effectuate the transfer of the Property to the City, with such documents to be in a form approved by the City Attorney. Authorize the City Manager to take such further actions and execute such further documents as may be necessary to acquire, accept, administer, implement, and effectuate the transfer of the Property to the City, including any amendments to the Parking Lot Management Agreement between RRHA and the City, all such documents to be approved as to form by the City Attorney. C ristopher P. Morrill City Manager Distribution: Council Appointed Officers Sherman Stovall, Assistant City Manager for Operations Susan Lower, Director of Real Estate Valuation Debbie Moses, Parking Coordinator This Document Prepared By and Return To: B. Webb King(VSB No.:47044) Woods Rogers PLC P.O. Box 14125 Roanoke, VA 24038-4125 Tax Map Reference No.:4013322(502 Williamson Road,SE,Roanoke, VA) Title Insurance Underwriter: Fidelity National Title Insurance Company Consideration: $-0-;Assessed Value: $709,000.00 Grantee's address: Noel C. Taylor Municipal Building,Room 364,215 Church Avenue,S.W., Roanoke, VA 24011 EXEMPT FROM GRANTOR'S TAX, SECTION 58.1-811.C.4., CODE OF VIRGINIA AND EXEMPT FROM GRANTEE'S TAX, SECTION 58.1-811.A.3, CODE OF VIRGINIA. THIS DEED, made and entered into this day of January, 2014, by and between the CITY OF ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY, a political subdivision of the Commonwealth of Virginia, Grantor, and the CITY OF ROANOKE, VIRGINIA, a municipal corporation organized and existing under the laws of the Commonwealth of Virginia, Grantee. WITNESSETH THAT, WHEREAS, by resolution adopted by the Board of Commissioners of the Grantor at a meeting of said Board held on August 26, 2013, the transfer of the hereinafter described property to the Grantee was authorized and the Executive Director of Grantor was authorized, for and on behalf of the Grantor, to execute this deed conveying the hereinafter described property to the Grantee. NOW, THEREFORE, THIS DEED WITNESSETH: That for and in consideration of the sum of TEN DOLLARS ($10.00) cash in hand paid by Grantee unto Grantor, and other good and valuable consideration, the receipt whereof is hereby acknowledged, the Grantor does hereby (61657364-1,077836-13774-01) BARGAIN, SELL, GRANT and CONVEY, with General Warranty and Modern English Covenants of Title, unto Grantee, all that certain lot or parcel of land located in the City of Roanoke, Virginia, more particularly described as follows: New Lot 6 as shown on the Revised Map of Downtown East Renewal Project, made by David Dick, Certified Engineer and Surveyor, dated December 5, 1975, and recorded in the Office of the Clerk of the Circuit Court of the City of Roanoke, Virginia in Map Book 1, Page 234. BEING all or part of the same property conveyed to the City of Roanoke Redevelopment and Housing Authority by the following two deeds: (1) from the City of Roanoke by deed dated August 3, 1971, recorded August 5, 1971, in the aforesaid Clerk's Office in Deed Book 1297, page 286; (2) from Ernest W. Mitchell and Madge H. Mitchell, his wife, by deed dated June 1, 1971, recorded June 17, 1971, in the aforesaid Clerk's Office in Deed Book 1294, page 436; and (3) acquired by Order of Court dated October 20, 1971, and recorded May 2, 1972, in the aforesaid Clerk's Office in Deed Book 1310, Page 745. This conveyance is made subject to all easements, restrictions, conditions and reservations of record affecting the property hereby conveyed. Pursuant to Ordinance No. adopted by Roanoke City Council on January 21, 2014, the City Of Roanoke, Virginia, by and through its duly authorized City Manager, accepts this conveyance in accordance with Section 15.2-1803, Code of Virginia, (1950), as amended. [SIGNATURE PAGES FOLLOW] 1#1657364-1, 077836-13774-01) WITNESS the signature and seal of the Grantor by its duly-authorized officer as of the day and year first above written. CITY OF ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY By (SEAL) Its Executive Director COMMONWEALTH OF VIRGINIA) to-wit: CITY OF ROANOKE ) The foregoing instrument was acknowledged before me this day of January, 2014, by Glenda Edwards Goh, Executive Director of the City of Roanoke Redevelopment and Housing Authority, on behalf of the Authority. Notary Public Registration No. My commission expires: 181657364-1, 077836-13774-01) WITNESS the following signature and seal: CITY OF ROANOKE, VIRGINIA By: Christopher P. Morrill City Manager COMMONWEALTH OF VIRGINIA) to-wit: CITY OF ROANOKE ) The foregoing instrument was acknowledged before me this day of January, 2014, by Christopher P. Morrill, City Manager of the City of Roanoke, Virginia, on behalf of the City. Notary Public Registration No. My commission expires: Approved as to form: Daniel J. Callaghan Date Roanoke City Attorney (41657364-1, 077836-13774-01) 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 STEPHANIE M.MOON,MMC E-mail: clerk @roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk January 23, 2014 Cindy H. Poulton, Clerk Roanoke City School Board P. O. Box 13145 Roanoke, Virginia 24031 Dear Ms. Poulton: I am enclosing copy of Budget Ordinance No. 39849-012114 appropriating funding from the Commonwealth governments grants for various educational programs, amending and reordaining certain sections of the 2013-2014 School Grant Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, January 21, 2014, and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon, MMC City Clerk Enclosure pc: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Ann H. Shawver, Director of Finance Amelia Merchant, Director, Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of January, 2014. No. 39849-012114. AN ORDINANCE to appropriate funding from the Commonwealth governments grants for various educational programs, amending and reordaining certain sections of the 2013-2014 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2013-2014 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Teacher Stipends 302-110-0000-1000-318H-61100-41129-9-01 $ 1,858 Social Security 302-110-0000-1000-318H-61100-42201-9-01 142 Teacher Stipends-Patrick Henry 302-110-0000-0390-322H-61100-41129-3-10 6,718 Social Security-Patrick Henry 302-110-0000-0390-322H-61100-42201-3-10 514 Teacher Stipends-William Fleming 302-110-0000-0400-322H-61100-41129-3-10 6,718 Social Security-William Fleming 302-110-0000-0400-322H-61100-42201-3-10 514 Teacher Stipends-Forest Park Acad. 302-110-0000-1304-322H-61100-41129-3-10 6,717 Social Security-Forest Park Academy 302-110-0000-1304-322H-61100-42201-3-10 514 Revenues State Grant Receipts 302-000-0000-0000-318H-00000-32467-0-00 2,000 State Grant Receipts 302-000-0000-0000-322H-00000-32415-0-00 21,695 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Ntry-1 City Clerk. "Y'y-t" ROANOKE CITY PUBLIC SCHOOLS Strong Students.Strong Schools.Strong City. January 21, 2014 School Board Todd A. Putney The Honorable David Bowers, Mayor Chairman and Members of Roanoke City Council Suzanne P. Moore Roanoke, VA 24011 Vice Chairman Dear Members of Council: William B. Hopkins, Jr. Mae G. Huff As a result of official School Board action on Tuesday, January 14, Annette Lewis 2014, the Board respectfully requests that City Council approve the Lori E. Vaught Richard Willis appropriation requests below: Dr. Rita D. Bishop New Appropriations Award Superintendent Project Graduation 2013-14 $21,695 Cindy H. Poulton Career Switcher Mentoring Program 2013-14 $2,000 Clerk of the Board On behalf of the School Board, thank you for your consideration. Sincerely, Cindy H. Poulton Clerk pc: Dan Callaghan Rita D. Bishop Chris Morrill Margaret Lindsey Ann Shawver Acquenatta Harris (w/details) Todd A. Putney p: 540-853-2381 f:540-853-2951 P.O. Box 13145 Roanoke,VA 24031 www.rcps.info arrr CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: January 21, 2014 Subject: School Board Appropriation Request Background/Considerations: As the result of official School Board action at its January 14, 2014 meeting, the Board respectfully requested that City Council appropriate funding as outlined in this report. The Career Switcher Mentoring Program 2013-14 grant of $2,000 provides state funds per career switch to enable school divisions to provide a teacher mentor for each new teacher who has entered the profession through an alternative career switcher route. This program will be fully reimbursed by state funds and will end June 30, 2014. This is a new program. The Project Graduation Academic Year Academy 2013-14 grant of $21 ,695 provides funds for remedial high school instruction for seniors needing verified credits to graduate and for sophomores and juniors who passed a class but failed the associated SOL exam. This program will be fully reimbursed by state funds and will end May 15, 2014. This is a continuing program. Recommended Action: We recommend that Council concur with this report of the School Board and adopt the attached budget ordinance to establish revenue estimates and to appropriate funding as outlined. An . Shawver Director of Finance Distribution: Council Appointed Officers Rita D. Bishop, Superintendent, RCPS Margaret Lindsey, Executive Director of Fiscal Services, RCPS 4 p ,,�, CITY OF ROANOKE OFFICE OF THE CITY CLERK a-40 215 Church Avenue,S.W.,Room 456 Roanoke,Virginia 24011-1536 -�' Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: clerk n roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk January 21, 2014 Braxton Naff 2131 Deyerle Road Roanoke, Virginia 24018 Dear Mr. Naff: I am enclosing copy of Resolution No. 39850-012114 appointing you as a Director of the Economic Development Authority of the City of Roanoke to fill the unexpired term of F. Gordon Hancock ending October 20, 2015. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, January 21, 2014. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which must be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue. S. W. After the Oath has been administered, please return one copy to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., prior to serving in the capacity to which you were appointed. Pursuant to Sections 2.2-3114 and 2.2-3115, Code of Virginia (1950), as amended, am required to furnish members of the Economic Development Authority with a Financial Disclosure Form. State Code provisions require that all disclosures must be filed and maintained as a matter of public record for a period of five years in the Office of the Clerk of the governing body. Please complete and return the enclosed form to the undersigned prior to assuming the duties of your office. Braxton Naff January 21, 2014 Page 2 Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve to the City of Roanoke as a Director of the Economic Development Authority. Sincerely, Stephanie M. Moon, MMC City Clerk Enclosures pc: Harwell M. Darby, Jr., Secretary, Economic Development Authority of the City of Roanoke, Glenn, Feldmann, Darby & Goodlatte, 37 Campbell Avenue, S. W., Roanoke, Virginia 24011 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of January, 2014. No. 39850-012114. A RESOLUTION appointing a Director on the Board of Directors of the Economic Development Authority of the City of Roanoke, Virginia to fill the remaining portion of an unexpired four (4) year term on its Board of Directors. WHEREAS, the Council is advised that F. Gordon Hancock, a Director on the Board of Directors of the Economic Development Authority of the City of Roanoke, Virginia, resigned effective December 31, 2013, from a position the term of which is to expire October 20, 2015,and the vacancy has not been filled; and WHEREAS,§15.2-4904, Code of Virginia(1950),as amended,provides that appointments made by the governing body of such Directors shall, after initial appointment, be made for terms of four (4) years, except appointments to fill vacancies which shall be for the remainder of the unexpired term. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Braxton Naff is hereby appointed as a Director on the Board of Directors of the Economic Development Authority of the City of Roanoke, Virginia, to fill the remaining portion of the four(4)year term of F. Gordon Hancock which commenced on October 21, 2011, and will expire on October 20, 2015. ATTEST: Yv� OV„%, City Clerk. IC\Measures\EDA appointment for unexpired term hancock naff doc COMMONWEALTH OF VIRGINIA To-wit: CITY OF ROANOKE I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the twenty-first day of January 2014, Braxton Naff was appointed as a Director of the Economic Development Authority, to fill the unexpired term of F. Gordon Hancock ending October 20, 2015. Given under my hand and the Seal of the City of Roanoke this twenty-first day of January 2014. I Y i. City Clerk C P Real CITY OF ROANOKE lit "F. OFFICE OF THE CITY CLERK ( 215 Church Avenue,S. W.,Suite 456 :( Roanoke,Virginia 24011-1536 QOp3�OhQ. Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: elerk@roanokeva.gov JONATHAN E,CRAFT,CMC City Clerk Deputy City Clerk January 23, 2014 CECELIA T.WEBB,CMC ry Assistant Deputy City Clerk Lisa Y. Barksdale 4311 Quail Drive, N. W. Roanoke, Virginia 24017 Dear Ms. Barksdale: At a regular meeting of the Council of the City of Roanoke which was held on Tuesday, January 21, 2014, you were appointed as a member of the Fair Housing Board to fill the unexpired term of Keith Wheaton ending March 31, 2015. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which must be administered by a Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Once the Oath has been administered, please return a signed copy to the City Clerk's Office prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve as a member of the Fair Housing Board. Sincere , Step anie M. Moon, MMC City Clerk Enclosures pc: Karl Kleinhenz, Secretary, Fair Housing Board w/ application COMMONWEALTH OF VIRGINIA To-wit: CITY OF ROANOKE I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the twenty-first day of January 2014, Lisa Y. Barksdale was appointed as a member of the Fair Housing Board to fill the unexpired term of office of Keith Wheaton ending March 31, 2015. Given under my hand and the Seal of the City of Roanoke this twenty-third day of January 2014. City Clerk %s CITY OF ROANOKE e "` ��^ CITY COUNCIL 4' � .a+ 215 Church Avenue, S.W. r Noel C.Taylor Municipal Building,Suite 456 i( -A v ), Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 DAVID A.BOWERS Fax: (540)853-1145 Council Members Mayor William D.Bestpitch Raphael E."Ray"Ferris Sherman V Lea Anita J.Price Court G. Rosen David B.Trinkle January 21 , 2014 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: This is to advise you that I will not be present at the 7:00 p.m. session of Council on Tuesday, January 21, 2014. Best wishes for a successful meeting. Sincerely, (r4 Anita J. Price Council Member AJ P/ctw CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S. W., Suite 456 .22 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: elerk@roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk January 23, 2014 Sean Home Balzer and Associates 1208 Corporate Circle Roanoke, Virginia 24018 Dear Mr. Home: I am enclosing copy of Ordinance No. 39851-012114 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, by repealing Ordinance No. 34406-080299, adopted August 2, 1999, and Ordinance No. 32777-121895, adopted December 18, 1995, to the extent that they placed conditions on property bearing Official Tax Map No. 1290108; by rezoning such lot to Mixed Use Planned Unit Development (MXPUD); and by amending the Planned Unit Development Plan, as it pertains to the aforementioned property. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, January 21, 2014, and is in full force and effect upon its passage. Sincerely, ,} t1h'""'a.) " " / • U Stephanie M. Moon, MMC City Clerk Enclosure Sean Home January 23, 2014 Page 2 pc: George and Betty Preas, 3107-A Franklin Road, S. W,, Roanoke, Virginia 24014 Ranjit Singh, 3026 Roberts Road, S W., Roanoke, Virginia 24014 Ronald and Judy Flint, 4060 Jae Valley Road, S. E., Roanoke, Virginia 24014 Dr. Robert Harbour, 1229 Wasena Terrace, S. W., Roanoke, Virginia 24016 Attn: Bruce Martin, Billy H. Harbour, 3121 Franklin Road, S. W., Roanoke, Virginia 24014 Lauro Investment Company, Inc., 3137 Franklin Road, S. W., Roanoke, Virginia 24014 El Rodeo Associates, 3133 Franklin Road, S. W., Roanoke, Virginia 24014 Manor Homes of Southwood, Homeowner's Association, Inc., 5007 Carriage Drive, Suite 102, Roanoke, Virginia 24018 R and A Management, The Coach Homes of Southwood, Homeowners Association, Inc., 2772 Electric Road, S. W., Suite #2, Roanoke, Virginia 24018 The Sibyl Norment Fishburn Revocable Trust, 3226 Southwood Manor Court, Roanoke, Virginia 24015 The Robert N. Fishburn Revocable Trust, 3226 Southwood Manor Court, Roanoke, Virginia 24015 R William Reid Builder, Inc., 5007 Carriage Drive, Suite 102, Roanoke, Virginia 24018 Cynthia Hubbell, 1022 Gardens Road, S. W., Roanoke, Virginia 24014 Dorr Tucker, Jr., 1016 Gardens Road, S. W., Roanoke, Virginia 24014 Justin Dudley, 6338 Stonecroft Court, Roanoke, Virginia 24018 Earl Fisher, 1002 Gardens Road, S. W., Roanoke, Virginia 24014 Tri Ngoc Truong, 1001 Gardens Road, S.W., Roanoke, Virginia 24014 James R. Wheeling, 3205 Northshire Court, S. W., Roanoke, Virginia 24014 Clark Worthy, 3204 Northshire Court, Roanoke, Virginia 24014 The Honorable Brenda S. Hamilton, Clerk of the 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 Rebecca Cockram, Secretary, City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of January, 2014. No. 39851-012114. 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, by repealing Ordinance No. 34406-080299, adopted August 2, 1999, and Ordinance No. 32777-121895, adopted December 18, 1995, to the extent that they placed conditions on property bearing Official Tax Map No. 1290108; by rezoning such lot to Mixed Use Planned Unit Development (MXPUD); and by amending the Planned Unit Development Plan, as it pertains to the aforementioned property; and dispensing with the second reading of this ordinance by title. WHEREAS, BGGT, LLC has made application to the Council of the City of Roanoke, Virginia ("City Council"), to repeal Ordinance No. 34406-080299, adopted August 2, 1999, and Ordinance No. 32777-121895, adopted December 18, 1995, to the extent that they placed certain conditions on property located at 0 (Zero) Roberts Road, bearing Official Tax Map No. 1290108, to rezone such lot from CG, Commercial-General District, with conditions, and Mixed Use Planned Unit Development (MXPUD), with conditions, to Mixed Use Planned Unit (MXPUD), and to amend the Planned Unit Development Plan, as it pertains to such property, to permit construction of seven (7) single family houses with a changed site configuration and amenities instead of condominium units and a community center, general offices, fitness center, medical clinic, restaurant, hotel/motel/inn, or group care facility previously permitted by the Mixed Use Planned Unit Development Plan (MXPUD), Ordinance No. 34406-080299, adopted on August 2, 1999; Repeal,rezone and amend PUD-0 Robert Rd.1-21-14 1 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 January 21, 2014, after due and timely notice thereof as required by §36.2-540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed repealing of Ordinance No. 34406-080299, adopted August 2, 1999, and Ordinance No. 32777-121895, adopted December 18, 1995, rezoning the property; the rezoning of such property as set forth above; and amending the Planned Unit Development Plan pertaining to the property; 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 actions sought and described in this Ordinance and the Zoning Amended Application No. I dated January 7, 2014, and for those reasons is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Ordinance No. 34406-080299, adopted August 2, 1999, and Ordinance No. 32777-121895, adopted December 18, 1995, to the extent they placed certain conditions on property located at 0 (Zero) Roberts Road, bearing Official Tax Map No. 1290108, are hereby REPEALED, as set forth in the Zoning Amended Application No. 1 dated January 7, 2014, and that §36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, Repeal,rezone and amend PUD-0 Robert Rd.I-21-I4 2 City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect such action. 2. That the property located at 0 (Zero) Roberts Road, bearing Official Tax Map No. 1290108, be rezoned from CG, Commercial-General District, with conditions, and Mixed Use Planned Unit Development (MXPUD), with conditions, to Mixed Use Planned Unit Development (MXPUD), as set forth in the Zoning Amended Application No. 1 dated January 7, 2014, and that §36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect such action. 3. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect the amendment of the Planned Unit Development Plan, as it pertains to the property bearing Official Tax No. 1290108, as set forth in the Zoning Amended Application No. 1 dated January 7, 2014. 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 Repeal,rezone and amend PUD-0 Robert Rd1-21-14 3 �Fy ` CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: January 21 , 2014 Subject: Application by BGGT, LLC to rezone property, repeal all conditions proffered as part of a previous rezoning, and amend the planned - unit development plan for the property located at 0 (Zero) Roberts Road, bearing Official Tax No. 1290108. The application is to rezone the property from CG, Commercial-General District, with conditions, and MXPUD, Mixed Use Planned Unit Development, with conditions, to MXPUD, Mixed Use Planned Unit Development. The conditions proposed for repeal, adopted through the enactment of Ordinance Nos. 34406-080299 and 32777-121895, require the property to be developed in substantial conformity to a site plan by Lumsden and Associates, dated October, 1 1 , 1995; restrict on- street parking; limit on-site signage; require submittal of development plans for each phase to the Planning Commission; limit the use of the commercially zoned portion of the property to community center, general offices, fitness center, medical clinic, restaurant, hotel/motel/inn, or group care facility; and restrict access to the site from Roberts Road. The application is to permit construction of seven (7) single family houses with a changed site configuration and amenities instead of condominium units and a community center, general offices, fitness center, medical clinic, restaurant, hotel/motel/inn, or group care facility previously permitted by the Mixed Use Planned Unit Development Plan (MXPUD), Ordinance 34406-080299, adopted by City Council on August 2, 1999. Recommendation The Planning Commission held a public hearing on Tuesday,January 14, 2014. By a vote of 6-0, the Commission recommended approval of the rezoning request, finding the Amended Application No. 1 is consistent with the City's Comprehensive Plan, Franklin Road/Colonial Avenue Plan, and Zoning Ordinance as a portion of existing residential and commercial property will be redeveloped for a use appropriate to the surrounding area. Application Information Request: Rezoning, Amendment of Proffered Conditions, and Amendment of Planned Unit Development Plan Owner: VB Land, LLC Applicant: Alexander Boone, BGGT, LLC Authorized Agent: Sean Horne, Balzer and Associates Inc. City Staff Person: Katharine Gray, Land Use and Urban Design Planner Site Address/Location: 0 Roberts Road Official Tax Nos.: 1290108 Site Area: 5.039 acres Existing Zoning: CG, Commercial General District and MXPUD, Mixed Use Planned Unit Development District, with conditions Proposed Zoning: MXPUD, Mixed Use Planned Unit Development District Existing Land Use: Vacant Proposed Land Use: Dwelling, single-family detached Neighborhood Plan: Franklin Road/Colonial Avenue Plan Specified Future Land Use: General Commercial and Mixed Residential Filing Date: Original Application: December 5, 201 3 Amended Application No. 1 : January 7, 2014 Background On December 21 , 1995, City Council adopted Ordinance No. 32777-1 21 895 rezoning six tracts of land containing approximately 60.53 acres to RPUD, with conditions, and C-2, with conditions, with a development plan for a planned residential community by Friendship Manor Retirement Community, Inc. The phased development was to contain 216 housing units, made up of 79 courtyard homes, 41 townhomes and 96 condominium units, and a community center, general offices, fitness center, medical clinic, and group care facility. On August 02, 1999, City Council adopted Ordinance No. 34406-080299 amending the proffered conditions governing the development of the property. This was one on many sequential rezonings and amendments of planned unit development that have altered the character of the final development of the approximately 60.53 acres from the 216 housing units and a community center, general offices, fitness center, medical clinic, and group care facility that were originally proposed to the community of mostly single family detached dwellings that exist in Southwood today. In October 2013, members of the project team met with City staff to discuss an amendment to the Planned Unit Development Plan as it pertains to Official Tax No. 1290108. They proposed to build seven single-family detached dwellings in place of the commercial development and condominiums previously planned for the parcel. 2 In December 2013, BGGT, LLC filed an application to rezone property, repeal all conditions proffered as part of a previous rezoning, and amend the planned unit development plan for the property located at 0 (Zero) Roberts Road, bearing Official Tax No. 1290108. The planned unit development plan shows 7 single- family units with front loaded garages accessed by individual or shared driveways. The lots would be accessed by a private street consisting of a 25 foot roadway, three foot planting strips, four foot sidewalks, and large deciduous trees. In January 2014, BGGT, LLC filed Amended Application No. 1 . They proposed to change the end of the street to a seventy foot cul-de-sac with no on-street parking and add a natural buffer area on the steep slopes below the housing units. Conditions Requested for Repeal and Proffered by the Applicant The applicant requests that the following proffered conditions adopted by the enactment of Ordinance Nos. 34406-080299 and 32777-121895, be repealed as they pertain to the subject portion of Official Tax Number 1290108: 1 . That the property will be developed in substantial conformity with the Site Plan prepared by Lumsden and Associates, dated 10/11/95, a copy of which is attached hereto, with the exception of that property relating to the site plan proffered in connection with the Petition to Rezone filed by Southwood of Roanoke Community, Inc., seeking to rezone a 4.3 acre portion of Tax Map No. 1290107 from C-2 to RPUD and to develop said 4.3 acres in substantial conformity with the site plan entitled "Petition to Rezone Southwood of Roanoke Community, Inc." Said site plan entitled, "Petition to Rezone Southwood of Roanoke Community, Inc." is hereby filed and proffered (Exhibit "3"), subject to any changes required by the City during site plan review. 2. No parallel on-street parking will be permitted on streets less than 30 feet in width serving residential units. 3. On-site signage will be limited to identification signage at the main entrance and identification and directional signage within the development. 4. Comprehensive development plans for each phase of development will be submitted to the Planning Commission of review and approval pursuant to Article V of the Zoning Ordinance. 5. That the portion of the parcel identified as Official Tax No. 1290108 which is zoned C-2, General Commercial District, shall be used only for the purpose of operating a community center, general offices, fitness center, medical clinic, restaurant, hotel/motel or a group care facility subject to Section 36.1 -560 of the Code of the City of Roanoke (1979), as amended. 3 6. Upon issuance of a Certificate of Occupancy for any use in development, access to the site from the Roberts Road neighborhood shall be limited to: a. emergency vehicles; b. construction traffic associated with the development; c. access to the existing occupied dwellings until these dwellings or residents are displaced by new construction. As a MXPUD, the development plan attached to this amendment is binding for future development. Development guidelines are listed directly on the development plan. Considerations Surrounding Zoning and Land Use: Zoning District Land Use North R-5, Residential Single-Family Vacant, and District Dwelling, Single-Family Detached South MXPUD, Mixed Use Planned Unit Dwelling, Single-Family Detached Development District East CG, Commercial-General District Vacant, Motor Vehicle Repair or Service Establishment, Eating and Drinking Establishment, Tattoo Parlor, Retail Sales Establishment West MXPUD, Mixed Use Planned Unit Dwelling, Single-Family Detached Development District Compliance with the Zoning Ordinance: The proposed development plan fulfills most objectives stated in the purpose of the MXPUD District. The plan provides for compatible architecture in keeping with the surrounding neighborhood; accommodations for automobiles and pedestrians; efficient management of quality and quantity of stormwater; addition of large street trees to provide shade and separate pedestrians from vehicular traffic; and the preservation of steep slopes. Conformity with the Comprehensive Plan and Neighborhood Plan: Vision 2001- 2020 and the Franklin Road/Colonial Avenue Neighborhood Plan emphasize housing choice, environmental quality, transportation options and efficient land use through good design. Relevant Vision 2001-2020 policies: The following policies of Vision 2001- 2020 are relevant in the consideration of this application: 4 NH P5. Housing choice. The City will have a balanced, sustainable range of housing choices in all price ranges and design options that encourage social and economic diversity throughout the City. EC P3. Viewsheds. Roanoke will protect steep slopes, ridgetops, and viewsheds within the City as important environmental and scenic resources and will cooperate regionally to protect such resources located outside of the City. EC P4. Environmental quality. Roanoke will protect the environment and ensure quality air and water for citizens of the region. Storm water will be addressed on a regional as well as local level. (Note EC Al 3 and EC Al 5 which state that impervious surfaces should be limited to reduce runoff and that the integrity of storm and water systems should be ensured.) EC P5. Trees. Roanoke will maintain and increase its tree canopy coverage as a way to improve air quality. Staff is concerned that the proposed amendment has reduced housing choice to only single-family units. Many positive features would remain, however, including narrow streets with sidewalks and large deciduous trees; preservation of existing trees and steep slopes. Relevant Franklin Road/Colonial Avenue Neighborhood Plan Policies: The following recommendations of the Franklin Road/Colonial Avenue Neighborhood Plan are relevant in the consideration of this application: Community Design • Franklin Road Area: Require new developments to incorporate urban amenities (e.g. sidewalks and curbs), and mixed-use commercial and residential) where possible. Residential Development • New development: New development should be well-planned and use limited land resources wisely. Infrastructure • Streetscapes: Streetscapes should be well maintained, attractive and functional for pedestrian, bicycle and motor traffic. • Street width: Streets should be kept at the minimum width necessary to accommodate vehicular traffic and on- street parking. City Department Comments: • T-Turnaround at the end of the proposed street extension should be changed to a cul-de-sac. • Turnaround for fire trucks must be provided • Steep slope preservation should be noted on development plan • Review storm water management requirements 5 Applicant filed Amended Application No.1 addressing the comments listed above. Public Comments: None. Planning Commission Work Session: Connectivity to Roberts Road is usually desired. Staff Response: There is a steep slope and the location of the previous access road is blocked by existing residences. Connection to Roberts Road is not practical. In the subdivision ordinance, we now limit the grade on a street (see 31 .1 -400, Table 400-2), to a 16% maximum slope. And, the fire code standards specify 10% grade maximum. If the new road follows the current path - average grade is about 12% but portions would exceed 16% - otherwise substantial earthwork would be needed, likely counter to goals of preserving vegetation, etc. on steep slopes. This would be counter to subdivision ordinance provisions. Planning Commission Public Hearing Discussion: None. ( -tc } Gar 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 ). Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Andy Agee, VB Land, LLC Alexander Boone, BGGT, LLC Sean Horne, Balzer and Associates, Inc. 6 4 Zoning Amendment AppIication — .. . . a" `I Department of Planning,Building and Development RECEIVED ROANOKE Room 166,Noel C.Taylor Municipal Building 215 Church Avenue,S.W. JAN 0 7 2014 Roanoke,Virginia 24011 Click Here to Print Phone: (540)853-1730 Fax: (540)853-1230 ofTV OF ROANOKE PLANNING BUILDING AND DEVELOPMENT Date. Jan 7,2014 Submittal Number. Amended Application No.1 �Rueet taeJec41t 1 tlhai apply.): . ❑ Rezoning,Not Otherwise Listed © Amendment of Proffered Conditions ❑ Rezoning,Conditional ❑Amendment of Planned Unit Development Plan p Rezoning to Planned Unit Development []Amendment of Comprehensive Sign Overlay District ❑Establishment of Comprehensive Sign Overlay District Property Information: Address: 0 Roberts Road 1 Official Tax No(s).: [1 290108 — _ — —__. _^_ '^ __._J Existing Base Zoning: ® With Conditions (If multiple zones,please manually enter all distnds. [CG and MXPUD (t Im G�tprtraos) ( p Y } j ❑ Wthout Condit ons Ordinance No(s).for Existing Conditions Of applicable): 34406-080299 Requested Zoning; MXPUJ Proposed Land Use: Residential Property Owner Inform Wei Name: VB Land LLC Phone Number. +1(540)769-8518 Address: [36 Church Ave Roanoke VA 24011 1 E-Mail' andyagee @myvalleybank.com l 6- Property Owner's Signature. Applicant information_dot from.aw, 1)E Name: BGGT,LLC Phone Number: +1(540)278-1365 Address: 1d• le •• .r Boone 3922 Electric Road,Suite 1A,Roanoke VA 24018] E-Mail: a boone@boonehomes.net •,. f- Signature. Aut_ +cad A$ent Information sglicabla): Name. Balzer and Associates Inc. --Sean Home Phone Number: +1 (540)772-9580 Address: 1 ,8 Roanoke VA 2401B `i , E-Mail: ,shome@balzer.cc Authorized Agents Signature IN RE: BGGT,LLC,APPLICANT, ON BEHALF OF OWNER OF RECORD OF 0 ROBERTS ROAD VB LAND,LLC APPLICATION FOR REZONING TO PLANNED UNIT DEVELOPMENT AND AMENDMENT OF PROFFERED CONDITIONS 0 Roberts Road, SW, Roanoke,Virginia Oflicial Tax Number 1290108 (the"Property") January 7,201,1 I. INTRODUCTION AND REQUST FOR REZONING TO PLANNED UNIT 1 DEVELOPMENT AND AMENDMENT OF PROFFERED CONDITIONS Pursuant to Section 36.1-690 of the Code of the City of Roanoke(1979),as amended, BGGT, LLC, a Virginia limited liability company ("BGGT"or"Applicant"), respectfully submits the following written narrative in support of its application for a Rezoning to Planned Unit Development and Amendment of Proffered Conditions, as follows: A. Applicant hereby requests that Official Tax No. 1290108 be rezoned from General Commercial, Ci (Conditional),and Mixed Planned Unit Development to Mixed Planned Unit Development in substantial conformance with the Plan of Development by Balzer Associates dated December 4, 2013 and revised January 3,2014 (the"Plan of Development"), filed simultaneously with Applicant BGGT's Application, for the development of residential lots and the subsequent construction of residential housing as generally shown on the Plan of Development. B. Applicant hereby requests that the following proffered conditions enacted by Ordinance No. 34406-080299 be removed as they pertain to Official Tax No. 1290108 as summarized below: I. That the property will be developed in substantial conformity with the Site Plan prepared by Lumsden and Associates, dated 10/11/95, a copy of which is attached hereto, with the exception of that property relating to the site plan proffered in connection with the Petition to Rezone filed by Southwood of Roanoke Community, Inc., seeking to rezone a 4.3 acre portion of Tax Map No. 1290107 from C-2 to RPUD and to develop said 4.3 acres in substantial conformity with the site plan entitled "Petition to Rezone Southwood of Roanoke Community, Inc." Said site plan entitled, "Petition to Rezone Southwood of Roanoke Community, Inc." is hereby filed and proffered (Exhibit"3"), subject to any changes required by the City during site plan review. 2. No parallel on-street parking will be permitted on streets less than 30 feet in width serving residential units. 3. On-site signage will be limited to identification signage at the main entrance and identification and directional signage within the development. 4. Comprehensive development plans for each phase of development will be submitted to the Planning Commission of review and approval pursuant to Article V of the Zoning Ordinance. 5. That the portion of the parcel identified as Official Tax No. 1290108 which is zoned C-2, General Commercial District, shall be used only for the purpose of operating a community center, general offices, fitness center,medical clinic, restaurant, hotel/motel or a group care facility subject to Section 36.1-560 of the Code of the City of Roanoke(1979), as amended. 6. Upon issuance of a Certificate of Occupancy for any use in development, access to the site from the Roberts Road neighborhood shall be limited to: a. emergency vehicles; b. construction traffic associated with the development; c. access to the existing occupied dwellings until these dwellings or residents are displaced by new construction. II. NARRATIVE IN SUPPORT OF APPLICATION The removal of the above Proffers in concert with BGGT's Plan of Development and proposed use of the Property further the City's Comprehensive Plan and offer an efficient, attractive and compatible use for the Property for the reasons more fully set forth in this Written Narrative. A. DESCRIPTION OF PROPOSED USE AND DEVELOPMENT OF THE PROPERTY BGGT and VB Land, LLC entered into a Purchase Agreement dated September 4, 2013, for the purchase and sale of the Property. BGGT previously purchased lots situated in the Coach Homes of Southwood community adjacent to the Property, including the lot known as 3205 Northshire Court, Official Tax Number 1291212, which parcel is immediately adjacent to a portion of the Property. BGGT proposes to extend Northshire Court in the Coach Homes of Southwood community into the Property to create an additional seven(7)residential lots,four (4)of which would be similar to the zero lot line lots currently contained in Coach Homes of 2 Southwood, with the remaining three(3) lots proposed to be accessed from a private road for larger, more traditional single family residential housing, all as more substantially shown on the accompanying Plan of Development. BGGT contemplates the seven(7) new lots being annexed into the Coach Homes of Southwood Property Owners Association, Inc. by the developer of the Coach Homes of Southwood, Boone Homes, Inc. of Roanoke. B. JUSTIFICATION FOR THE CHANCE The proposed Rezoning of the Property to Mixed Planned Unit Development from CI,Conditional, and MXPUD to Planned Unit Development and Amending the Proffered Conditions is necessary in order that BGGT may use the Property for the residential purpose that is compatible with the adjoining properties and that is a logical use for the Property itself. BGGT additionally requests that the proffered conditions on the remaining portion of the Property be removed and amended in accordance with the Plan of Development to permit single family residential development and construction as more particularly set forth on the Plan of Development. The topography of the Property is not compatible for commercial or multifamily development because the steep grade on a large portion of the Property would require massive and very expensive grading that would make development for the permitted uses such as a Hotel/Motel, General Office,Medical Clinic or Group Care Home economically infeasible. Additionally,these currently permitted commercial uses of the Property are neither compatible nor supportive of the adjacent communities comprising the Southwood planned unit development. C. EFFECT OF THE PROPOSED AMENDMENT ON THE SURROUNDING NEIGHBORHOOD BGGT believes that the request contained in its Application is beneficial for the Property and the adjoining neighborhoods. The Southwood planned community has evolved differently than as contemplated in the initial zoning file for the Property, Ordinance No. 32777- 121895, adopted December 18, 1995, and subsequent Ordinance No. 34406-08029,adopted August 18, 1999. While the original Southwood section (Section 1 of Southwood), upon information and belief,has one or two duplexes,the community is overwhelmingly single family residential. BGGT's proposed use is entirely compatible with the current use of adjacent properties for residential single family housing. The townhomes and multifamily residential products set forth in Ordinance No. 32777-121895, adopted December 18, 1995,and Ordinance No. 34406-08029,adopted August 18, 1999, were not realized due to what must have been market conditions and demand. BGGT's proposed use of the Property shall result in less traffic to Franklin Road, Duke of Gloucester Street, Kingsbury Road,the entire Southwood community, Somercroft Court,Northshire Court and Roberts Road as currently entitled. The amount of traffic generated by BGGT's proposed use of the Property shall be of a compatible and virtually identical nature as currently experienced in the surrounding Southwood community. Roberts Road should not experience any permanent impact from BGGT's proposal. From a practical perspective,traffic 3 generated from the addition of seven (7)residential lots and subsequent homes shall have no material impact on the number of vehicular trips per day. Importantly,the Plan of Development includes the continuation of the sidewalks from the Coach Homes of Southwood into the Property to access the four(4) lots that front Northshire Court. The sidewalks contained in the Plan of Development support the City's goal of pedestrian communities that encourage neighborly interaction and good health. The sidewalks at Southwood actively are used by its residents. The extension of Northshire Court will be constructed with the same street cross section that currently exists and will terminate with a City approved cul-de-sac and on street parking will not be permitted. Storm Water Management for the Property will be provided for this development as required by the City of Roanoke. The Plan of Development utilizes the efficient use and development of land by developing lots compatible in size and character with those throughout the entire Southwood planned unit community,the Coach Homes of Southwood and, specifically,Northshire Court, which BOOT proposes to extend into the Property. BGGT intends to maintain the development pattern already established throughout Southwood with the exception of the three(3) larger lots to be accessed off the proposed private road, which provide the opportunity to maintain space on the Property that is generally wooded and,thus, a benefit to the entire community. Further, a buffer of existing vegetation has been established on the Plan of Development to protect the steep slopes and retain a significant area of existing vegetation. Importantly,the proposed use of the Property protects the neighbors on Roberts Road, which is situated below the Property. The proposed use does not seek to create a permanent entrance on Roberts Road, which could increase the volume of traffic through the neighborhood. D. AVAILABILITY OF OTHER SIMILARLY ZONED PROPERTIES IN THE GENERAL AREA AND IN THE CITY There are limited opportunities for new single family housing in the City of Roanoke. The opportunity to expand Southwood and the no maintenance housing option it offers is limited to the Property. Southwood is the premier low maintenance lifestyle, gated community in the City of Roanoke and the entire Roanoke Valley. At this time, BGGT is not aware of another property in the general area or in the City of Roanoke that is available on which to expand the existing Southwood community or to create a community similar to Southwood. E. RELATIONSHIP OF THE PROPOSED AMENDMENT TO THE CITY'S COMPRHENSIVE PLAN AND THE APPLICABLE NEIGHBORHOOD PLAN 4 The proposed commercial uses as outlined in Ordinance No. 32777-121895, adopted December 18, 1995,and Ordinance No. 34406-08029,adopted August 18, 1999, presently encumbering the Property are outdated for today's market based on the overall residential nature of the Southwood community and market demand. Medical and general offices,hotels/motels,restaurants and groups care facilities are not viable projects for the Property. Moreover,they are not compatible uses with the surrounding Southwood community. Commercial development would increase traffic, require a difficult,expensive and damaging development process due to topographical challenges and generally serve to disrupt the harmony of what has become one of the City of Roanoke's most popular communities. With experience building in the Coach Homes of Southwood and countless other communities across the Roanoke and New River Valleys, BGGT's Plan of Development will enhance the already attractive Coach Homes of Southwood community and support the City's Comprehensive Plan to create higher priced housing to attract and retain a diverse population to the City of Roanoke,as well as offer buyers a new home option in the City of Roanoke. For the reasons more particularly set forth in its Application,this Narrative and the Plan of Development, BGGT respectfully requests that the City of Roanoke adopt its Application for Rezoning to Planned Unit Development and Amendment of Proffered Conditions as set forth on the Plan of Development in accordance with the provisions of the Zoning Ordinance of the City of Roanoke, Commonwealth of Virginia. 5 EXHIBIT 3 The Members of BGGT, LLC, a Virginia limited liability company, are as follows: 1. ABRE Holdings, LLC, a Virginia limited liability company, Alexander Boone, Member 2. Graham Construction,Inc., a Virginia corporation Bradley M. Graham and Kelly G. Gladden, Shareholders 3. Thomas,Ltd., a Virginia corporation Joseph C. Thomas,Jr. and Julia Thomas Arthur, Shareholders 6 EXHIBIT 4 Northshire Court Rezoning Tax Parcel # 1290108 Legal Description BEGINNING at a point in the center of Roberts Road, Southwest, 50 feet in width,N.45°07' W. 29.14 feet from the Northwest corner of Lot 1, Block 2, as shown by the Map of Section I,Greer Hill,recorded in the Clerk's Office of the Circuit Court (formerly Hustings Court) of the City of Roanoke, Virginia, in Map Book 1, Page 96; thence S. 45°07'E. 242.70 to an iron pin; thence S. 44°02' E. 14.47 feet to an iron pin; thence S. 41°52'28"W. 97.69 feet to a point; thence S. 35°07' E. 102.56 feet to an iron pin; thence S. 35° 00'30"W. 100 feet to an iron pin; thence S. 21°40'40"W. 161.37 feet to the Northeastern line of the property of Clubview Corporation; thence along the line of Clubview Corporation, N. 46°49'30" W. 787.20 feet to a point in the center of Roberts Road (not dedicated)the following courses and distances:N.36°30'E. 36.5 feet to a point;N. 47°55'E. 100 feet to a point; N. 72°53' E. 100 feet to a point; S. 60°42' E. 80 feet to a point; S. 55°16'E. 90 feet to a point; S. 76°03'E. 90 feet to a point; and N. 78°39'E. 93.83 feet to the place of BEGINNING, and containing an area of 5.039 acres more or less. 7 0 1/.//// '/ �j C ' GARDENS RLi— '�^ '`_ J-� \� �.•\:•`r\\\\COl.1 \\I ��\l':l //'//%r/`(!/�!i lii (• I��� - r� -2 ... -- --�_,r / Tio �'-- ^�r\ \\ `�\\\�\\\\\q'.r' .� / //// 11 /Jfrr, ! -------- (It w--- - 4T2 ___71_... rN .\ \ .\ \ \ \\\1\1\1 l" .._....,0./ /1 1 J , •4./1300.313 a1.4/�tl/CZ \ \ \ \ D• / /// / //� 1 + I TJl 7.w.11s°wtx r.4.lurwls ' j�✓ ,r x-- �: A.,,,..\�\., \\ \\\ \ \1+ 55) / //////////// / J /132031 Ty.(32031: / e. i r _CD//, /,/ /, f //; //� 1 _ -10 0 =_==—�'X. �4, \\\ a p\ 0 `1111 u41t;1n111 Ii/%/'rl /r/!// r/ /' �� V==�'_'_- �f/• r //. t \ \\•\ (p��j rte,j1111) \auq\ // /////// /�,�/� ��"- -- — =-- - / s /Yi^ `v ♦\.\ kt \�• \\��iJ , r!I f I I Ih\� 1t5 !, ,/ ///,',! ////. . --_ -_:_-:-...--7"--_-_-_-------------:-_= 09Q y 'i,/ ,� f �-- L y\ \ t \ . • \\`1\ItI rrrIII 411 ti - ,3l�,,.d. , / -<,---:1-->;-__:--,..-_-_ • i% rr.��.," J'- '1' ' +-.!/y�.\\ \r's'♦ \1 1 11,11111a n,.r,.wwu ! ,/,/,// ,',/,/,/ 1 // r - _ y/j /yam* � i^T ^ .1✓ \C• \1'' �1 1 J1I// 1 -i,74,///' ////4/1,' -�-'� -__- - '1 i� �jy' ,. �'�J r i �r �„� .,� -y\\•r S`'s\ \\'+••• cot, �9r,,,/,/ 1 1, cur /'„,,,,,,,,,„,,,„„„ /„..,,......::_..7......._,.___/ ' .nom !/ .r ,-X rw�k �� •.,vti�•>4 m ' ,. /i/ \ /// r!r,,, / //// /// „- i.., _r Tr- v as.�'. ,+j,.�:.' y,,✓ .0 :d> g i f't..r s M 5;,1:, .., � v t w o \ k I ''1// !// / / // // // / ! i � tf- _ ..r., - :,: 1 . ).'„\,‘".:. ‘n\ {J 1/1 t /// - - m I ,,,,,,,,,,,,,/,,,,/,,,,,,,,,,/,,,,,,,,,,,'+// /,/ / '//'/ //� L-_C ;�f ��.., �• ;ir` •\:\`.\`� `� 4\0% (r, ' 1} //r / //� a ''s ��- lc r �,Ls�y�ra _ y r • • 4 . \\�\�yy SI;tfr4 I ' b RI ! ////////////1/1///4////4///,//26W /\ s__�= �` ., -,''' l i�i i� ,....,_\:......,..,s;.:,:::r • ti v \ • 1) ' 1}lil .. I I r Li 0 /11/13/fl !'// //i/ � _ --�--.._, _ � �� .1 , � -- �.�j..������•' \"� i1H1�\�\�,1\ I I 1 Jr„ ! rl 1/// /1/ a± yii .7�_ t__ Ir2 ��� ' � _ �� � �ltl\t t \��t r 331313+3333,3+fll 11� +�/ '- .. .' ----- __— �0 :/ ------ ���`` ``�.��.� \yt \�1 tH\u I Irlll� ilr�„�rrli/r+lifl/'�� \ /��: - — �, /�:/ --- --_- �1rt�G7"E���\p\\ ��1>i �\H . 1 I I I l: 1131 r.441i/r r rrr,/ r /jam ��., '. \H `• I IIrIJJ r Irl -__- �` � \\`. ..••\\ \\4 x\ �\ Y'.\�\P�\�h'�A ,.RV"”' w� ,Iriiflr r rlif+�i+, >y (�r / ;moo. . r-�T •\i - �' --r--�� `���\:•• t'\'\•;•\\\\11 �t� N a\1<���\�.\\'., �, I �Illlrf rl+/,+r rrfrrr+fr+' � , •, rte', r . . . \\\1 1R-1 fi\1\ \W� \�iN} \ �Ifl,�+lr'r+llrlrJlfll+brr! i1 / ' js .° ` �-- �`= `tar � �,�• ��\1\tll ,tIA"1\ * \1\\*\\% I -4,0(1lliliriithib (if ri t : \`� X1\4 .ice 06;. - y "� •`\\\\\�111t a\\ rt\�\\�\,!\\\x\0\\\\4\\\\ 0 J rCUlrl Irl17r1frtir VI .' . ,f `� `\�\\\\ \ \ 1\ti40,40,1.'4,,x4,\� \ \\• rlJo+ I+f1 rrrrrlrlr/! _ w i r-�` \ ��� /• • -� c ,`< \\\\\\\\\ t\ iZ 4, t\k s,\a O a 311,-.11 11 l r 11//4)1 J / 'sz ;, 0,0AA- 'j:/ ! �' �,, • \,\\\\ 0 \.170�\ \ rd 1 \ \k U 1711211"11111111"11111/411 ,llr,rlrl4l,l1ll,1/1fllJl/ ! I II ' . x / -- \\����� ..,...S..\\ \\\\ ``r\a � `ii\��\a�l,,,,\�\\\\ W II a 1/ rrr!OlrrN,! N I Ir r r /�./ ,.:>4";;Z.,',".�,I �� .�/ _ �-"-. �'- �`��`�� \`\\\\\\h\ „1/4\,,,A0,0\ \tt \\\'�"`\. �� OC � rrl r Or r if I Ir;iii ry 3f' � -., �� �'�' ��.`.� `�\\ \ \\\\\ \t\\ \\\t\ttk \l �\\,\�\\ \: 2 nitill-, O+r off II 14 / � '- :`� \ \ \ \\\\ \`O *\. \ a $ rr I rl f, �f6 1rf qv r,; // // ,�i.8ER7/fn+G 3R4��5�1$ 4A16�r=` �\\\\ ` \\\\\�\\\\ \*��i0 \� \” 2 + �I) III / .�_- //. ....,-.--•-•"--....--------. _ -�.__ -_�. \U\ • \ �• J r/ Ilrn,/Orr +311313 J! /�'� ( ! ' b� c f, , _ - - \\\\\\\\ \\ \\\k�\•I j+�)illll/ 'O t �r. JI dr 1 ...\\M t!/,/i -- _ -_ �c'�;��\N. \• \.,, \\\\\\ h\ \t O \\ \ 0i r/yf/r�l/r��/Ir 1� - t\h I !tf 4\ 'ROPOSED STRE � 1'r/ % �� ---- - ` \� \\\\\\\\\\ \\ \ .. k\\\ \•\\\��. c O o p!n!, / r,I fJ l dl �\t V I tal f MEN N \11111 // /. �� r� _-_ -����..\\ \\\\\\ Z. .', \. Z f Nf f r I 1 I a 1 �I / r ` \ \\ ,,,,..7. \ ��"-t:.�'Y'• \ .\I , /j 1 1, 1 1 r I I I I 11 t i \it-it+,; 1 alwTr+u280 Norm 111 r!.i / c¢ NANO ♦ \\ \ \\ .\.•\\ \" ;`..\\ �.l /I! `t 1 / t / euclw nr mazer r, �\ \� �\ \ �`- •.., \ \` //rl�+,lr'r+rirrl, �+ 1L�\ \\ t : .a3a r I �( i r`za NANO % .Oiao ul ��\�: ,o�Q\ \ . a ,n, rfr lfn}'n 1 111 ,zu \ l ' � / 1 I:I ' //,/i�/ljrJf�fll/! /, I}:Iittlt !- V11\l \\ , p r-il YYCUO or,ufM SIAt�ygp3 4cuwrmnwmYr. ° MN) IV _MN_ r//,,,//,/1 rf 'II! I I l 151j�/`� \\\\ \\ I MOOED ut NW rinY 11mpFN1t1 (�orWy°fld0o°om 0O14NUO1R u COOED a Mr //////! 1 J+/ ! Ip\ 1 \\\'• \ �} '1 \ T.Y.1391WL X11 wpYN Mae er IdID 1 p 3.i�n o..wam 1!NO raw.— a O'' -9u- 1il�(i i/7 �,�I i 1 t 1 1\111\+1.n'111\(\\\\; 1 'S'\ hy�1\\1 .au nn(nO. nn a o a MUM,N, a, _ 17+u IOW IIDNR 11111P310/1.y ,,I(.f,( f 1 111 i �° 1,.\ \ Sdi\1 MD nnn MCC re NOW Or wr I IMO>mme m WM 4OmsO.COM ti O'er o°OOAV.Yp°u'v a1O°O°°cim x r.ONi w a ° 1eS'"MOOS SRE OAT/l SW Mt NU t 000 R MCI( MIL➢x®M MT N ION MON 1410/S K MIMIC I a OM OM T OW O110. 11X01 Or K Rsr FLOOR MOUND O1 PPR NO 011110 CO 110!1L NO 1'r.O1!t0OV4 m 001 INC RRR!-1oW 1OIW �110,t o,lR N K A _ 1,1-1°,1 AC C1O C V MK N M COW SNOW MU N INC[ ROOMI�M1 31011 wM A R'1!a OO1oM Ox.6 SC w10MFCNwR...)SON! ON IOOO11 MOW!NM NOTR I GRAPHIC SCALE OO111O1CT PNn0U0F%OOLT 11C f1O1Ol1OOt NONCOM N . OOMIOO[OMWOOI K MOM°O K IOOY11 NU t Om WA= O eOaa no°wo a1 TOWN pro aaw a 20.31 T I T T T T OMAN KWIC 1OON11N1 IJR Or 104004 OR,OC _p_!_p__p'�O O!RRS� Iq�O 111%PAWL 13201m 11010106 I�OY.O ta!W1lMm YY1°0011180!R°dlRt MIT XI (!120) C1Y1101f 34010: 1a MO C{I(lN11 O0Y11O16J COMM ltii MINA MCC M O TIM WWI Curt run 1n 1r-!a ,rb OMIT 5,L111,f£301IT Catr 1parXNm 3p111o: MX MOW 11/18 re m,lO.Nt SINAI. pX�1XOm 111M T[ ^ EX-1 MP 6 MT FIN CONS/ C7ION MCI 15: 3.031•C•/- no1 s�e O0O4[IgR1MRY MOM m 1 i O 1 a , • I • . , x , . , • , n , u . n , v , ,. , ss , v 1 n t >• 1 n 1 R , n .01 OR.. • • 1 • • Ns $1Y. ER DEA NG ,�.. ANCE `\ LI N 3632%0'E 3590' \\ L2 N 4757'10'E 10000' \ L3 N 7236'10'E 00.00' SURVEY FOR \ \ L4 `"'�','`� % \\ \\ L6 E -b..b., VB LAND, LLC v' \, Le 5.039 ACRES RONALD FLINT \`\ �; �i`SO' ", ,.. _____.r1/al...i BEING ALL OF TAX: 1290108 D8 1716 Pa' \\ 'sccnal> DIDLSC 1 \G S \\ uo N 48'47'40'W ++8464002' SITUATED ALONG ROBERTS ROAD, S.W. TM. 12a01zo \`\ i'� PMEER, Ili 6 ;\ c'Pa • c0+RU+ETE L11 N 484749r W 30.19' CITY OF ROANOKE, VIRGINIA --'j- e'�*' C / / `\?� a L13 46.47'40'W 77.73' I. ... \ 114 r 467'7'40• 70.77' SURVEYED APRIL 30, 2013 i� /' l�'\ � LOT 4 / `," ' ` �'l =f 5 0,0 JOB NO. 32-13 ROME Li i�l -' s � / LOT 6 � h RQ°". G RP Do o w 120 180 / j7 1 rl�i/ O A �4,_ ��•.•\\-.e _ I_ PAVEMENT se Py0V .�_ /•� is�' ®. 0 u SCALE: 1" = 60' 'fiN. j'f/ * R�dAp:l— X,.corra+ETE m< `n m{ f 4 �,__ = • -.------_ V CURS CUTTER RA+41T^.9101 C- ® a SE' - - - $,� LOT 1.BLOCH 2 O ni �iw'I'TM OIr JAWS WHEELING (A,, � ,. b. QUEER NIL F 7 Ai LOT 5 ` `., PAVEMENT f P.R.06 P0.963 $ __ 0 TAY:1291212 F_ f 4 ` S', TAY:129012E IhNazi60 rj °01�EX , SUBJECT PROPERTY 'b7. APR 30,2013 60&G UTTER 0 ROBERTS ROAD SW �� �'� <14a DUB r0 t J 45,7 TAX#1290108 , _ V�� ■ / 470023672 �, j�4tl lr 5.039 ACRES • ` T�1290110 -, t 1 // / INCLUDES RCN ^!/ `\ LEGEND / ��., `\ SURVEYED PROPERTY 191E // /+ `\\ X FENCE IDE THE coAGN HOMED ! `\ • —l"�/ OFSECTI NW5OD /�\` 'Q� ` $ \\ N EOM /2'RD , Pd+ P0.5065 �/ ♦\\�.{f.(Ofe y,�� + (, DR_0A \` o PORT LIAlOtOIE \ * TAX: 1290106 SHADING DENOTES CONCRETE / `\. 41F. 'b'a +, \ \ - - Pr \ ,7 \ ( -- / Of SOIRKW000 1 I " /� \ M P.S. T .5639 1 l ROBERT FISHBURN — ''A� T \`\ NOTES -^L"`.t\ TAX: 12970243 \\ I. LEGAL REFERENCE I9180NENT MORSER 130002376(VD LAND. LLC) ' P111WED 0560(.\ DEED 000(1466, PAGE 678(PLAT) o ,\- .4. \\ 9Mtf O20016105 E: TM REFERENCE, 129010!(VD LAND, LLC) I 1 ~_�! - \\Ba 1 1280131 11 a PROPERTY LOCATED IN FENA FLOOD HAZARD ZONE X. • 1 / / E. • 4. SURVEY INDICATE ALL�TE7RYD0 AT BENEFIT CF W T1EA T T AND ,�11 / /I \\\ S. PROPERTY SERVES DY UNDERGROUND UTILITIES, EXACT LOCATION / i MINNOW ��• 1 / 7 LALNO INNEST12I CO. 6, SURVEYED PROPERTY LINE FOLLOWS THE CENTERLINE OF ROBERTS g� / S, 1574 PG.1939 ROAD, A 50 FOOT PRIVATE RIGHT OF WAY, FR04 COMER A TO goi7,■■ NµOO D'W000 \ TIU: 12 0137 C B. HOIIDISTg 1005 92GATId( \\ 7. THIS PLAT REPRESENTS A CURRENT FIELD SURVEY OF AN 021211NG PTA)L 1200230 `\\ PARCEL AND DOES NOT REQUIRE REVIEW SY 1445 CITY OF ROANOKE. COMPASS'PONT LAND DEIRFI!'WQ P.G.P.O.Ev02'112 110(17 room; P090YT/,45!161.PAOIFl+640-I13-MI I EX-2 12-4-13 Ga9 MXPUD ( ‘1‘ s.A (c)ORD2902a ,or Syl4JECT PARCEL (c)0 R.D.3 4 436-0 SOZ-39. EaD MXPUD )00. MXPUD ,• 94 tI•xi•. M.XP U0 .... .. • ... • ••••••••....... . ••■•• ■•■■::tro . NOR THSHIRE COURT REZONING EXISTING ZONING MAP TAXIO LOCADOR OWNER OWNERADDR1 MAILCITY MAILSTATE MAINZIPCOD 1290110 3113 FRANKLIN RD SW PREAS GEORGE R 3107-A FRANKLIN RD SW ROANOKE VA 24014 1290126 3026 ROBERTS RD SW SINGH RANJIT 3026 ROBERTS SW ROANOKE VA 24014 1290129 0 ROBERTS RD SW FUNT RONALD&JUDY 4060 JAE VALLEY RD SE ROANOKE VA 24014 1290136X D FRANKLIN RD SW HARBOUR BILLY H 3121 FRANKLIN RD SW ROANOKE VA 24014 1290137 3137 FRANKLIN RD SW LAURO INVESTMENT COMPANY INC 3137 FRANKLIN RD SW ROANOKE VA 24014 1290138 3133 FRANKLIN RD SW EL RODEO ASSOCIATES 3133 FRANKLIN RD SW ROANOKE VA 24014 1290230 3215 FRANKLIN RD SW MANOR HOMES OF SOUTHWOOD HOMEOWNER 5007 CARRIAGE DR STE 102 ROANOKE VA 24018 1290235 0 NORTHSHIRE CT SW THE COACH HOMES OF SOUTHWOOD HOMEOWN 2772 ELECTRIC RD SW STE 42 ROANOKE VA 24018 1290243 3226 SOUTHWOOD MANOR CT THE ROBERT N FISHBURN REVOCABLE TRUS 3226 SOUTHWOOD MANOR CT ROANOKE VA 24015 1290244 3225 SOUTHWOOD MANOR CT R WILLIAM REID BUILDER INC 5007 CARRIAGE DR STE 102 ROANOKE VA 24018 1290313 1022 GARDENS RD SW HUBBELL CYNTHIA 1022 GARDENS RD SW ROANOKE VA 24014 1290314 1016 GARDENS RD SW TUCKER DORR M JR&JO ANN 0 1016 GARDENS RD SW ROANOKE VA 24014 1290315 1012 GARDENS RD SW DUDLEY MARK F 6338 STONECROFT CT ROANOKE VA 24018 1290316 1002 GARDENS RD SW FISHER EARL)&BRENDA S 1002 GARDENS RD SW ROANOKE VA 24014 1290322 1001 GARDENS RD SW TRUONG TRI NGOC&RU THI HOANG 1001 GARDENS RD SW ROANOKE VA 24014 1291212 3205 NORTHSHIRE Cr SW WHEEUNG JAMES R 3205 NORTHSHIRE CT ROANOKE VA 24014 1291213 3204 NORTHSHIRE CT SW WORTHY CLARK H 3204 NORTHSHIRE CT ROANOKE VA 24014 VICINITY AND is J ,z9o � r ZONING MAP � 3 "� � � ° -•,� , ` '` 1 1 s� 4�i :.loos 4 129Q30� 2 1Q i Jyt� i k. *290123 r 1 "'' ' 1 � Legend k., .. 1290311 12 1 ` • 4,00 r CEI Subject Property ,. ;s �, r9031� � 1290207 Conditional Zo _ *Via t 20 1_ g 1290122 . ti s 1290 •: Bees Zoning District 1290312 '•- MN= °: iz9O2Q j 1290220$ ' ; � 1 Residential-Agriculture.RA (290129 1290 li�9➢1M 120 41 Xi.. Residential Single-Family.R-12 1290318 ; 1290322 1 fig 1290*0 Residential Single-Family R-7 1290315 1290112 Residential Single-Family.R-5 1290 i6 h 1291!115 1280 i +j290,28 12101t .. Residential Sirglo-Famdy,R-3 t} *2911 27 a" 12901 2 lig Residential Mixed Density.RM-1 rir (f1l dp l2pfii MXP ' 290' 26 f +►♦ e s Residbntial Mixed Density,RM-2 AO 4, 129t?1T5 ?��` �u � +' ��� "'r= � ' s Resld,ent:al Multifamily,RMF ti* * r N, s Mixed Use,MX f ."�•n i ��� a t 2 10 P Commercial-Neighborhood,CN ! t } r 4.. Comtnerdal-General,CG 1� 1 '- 1 Commercial- Large Site,CLS 122 "f... 1290 '''1&_, 1l9111tJ 13004 Downtown:D V297800 1290245 129010E >-; Institutional IN 01 1290246 14141 Recreation and Open Space,ROS 1�. ti2?!.:t7 129O'l.38 ',. t 12441x4 1290247 - Urban Flex.OF '►, 91248 129t? CG X13`Z. . light industrial,I-1 k'' 129/P4 ` 1� I�XPUa't29v24! rr 1�R-1 Heavy Industrial,t-2 - 1 Airport Development AD �12902�1? . 1290f521i 114 T200i07 Mixed Use Planned Unit Development.MXPUD .129081 1 1 1 239 Institutional Planned Unit Development.INPUD ;1b " 1290248 1200238 1300415 Industrial Planned Unit Development.IPUD 1290240 1"2042;4 :. tr N •10 1 1290119 !1290172 290237 Ih . I� 1 i i i r r i i i 1 04 �` , 4; 0 50 100 200 Feet lR9,ce ,:' f 40 112'3" 1 inch=200 feet '(`2941 ],280,60 1g001A1 - '1300420 1 _ , _ 1 '377 ' 1.29 13001 f 11�'- AFFIDAVIT APPLICANT: BGGT, LLC LOCATION: 0 Roberts Road, S.W., Tax No. 1290108 REQUEST: Rezoning to Planned Unit Development 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 December, 2013, notices of a public hearing to be held on the 14th day of January, 2014, 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 1290110 PREAS BETTY F PREAS GEORGE R 3107-A FRANKLIN RD SW ROANOKE VA 24014 1290126 SINGH RANJIT 3026 ROBERTS RD SW ROANOKE VA 24014 1290129 FLINT RONALD & JUDY 4060 JAE VALLEY RD SE ROANOKE VA 24014 1290136X DR ROBERT C HARBOUR DR ELLA HARBOUT PECSOK 1229 WASENA TER ROANOKE VA 24016 ATTN: BRUCE MARTIN BILLY H HARBOUR 3121 FRANKLIN RD SW ROANOKE VA 24014 1290137 LAURO INVESTMENT COMPANY INC 3137 FRANKLIN RD SW ROANOKE VA 24014 1290138 % EL TOREO EL RODEO ASSOCIATES 3133 FRANKLIN RD SW ROANOKE VA 24014 1290230 MANOR HOMES OF SOUTHWOOD HOMEOWNER'S ASSOCIATION INC 5007 CARRIAGE DR STE 102 ROANOKE VA 24018 1290235 % R &A MANAGEMENT THE COACH HOMES OF SOUTHWOOD HOMEOWNERS ASSOCIATION INC 2772 ELECTRIC RD SW STE#2 ROANOKE VA 24018 1290243 THE SIBYL NORMENT FISHBURN REVOCABLE TRUST 3226 SOUTHWOOD MANOR CT ROANOKE VA 24015 THE ROBERT N FISHBURN REVOCABLE TRUST 3226 SOUTHWOOD MANOR CT ROANOKE VA 24015 1290244 R WILLIAM REID BUILDER INC 5007 CARRIAGE DR STE 102 ROANOKE VA 24018 1290313 HUBBELL CYNTHIA 1022 GARDENS RD SW ROANOKE VA 24014 1290314 TUCKER DORR M JR & JO ANN 0 1016 GARDENS RD SW ROANOKE VA 24014 1290315 JUSTIN K DUDLEY MARK F DUDLEY 6338 STONECROFT CT ROANOKE VA 24018 1290316 FISHER EARL J & BRENDA S 1002 GARDENS RD SW ROANOKE VA 24014 1290322 TRUONG TRI NGOC & RU THI HOANG 1001 GARDENS RD SW ROANOKE VA 24014 1291212 JAMES R WHEELING MARY JANE WHEELING 3205 NORTHSHIRE CT ROANOKE VA 24014 1291213 CLARK H WORTHY MARY R WORTHY 3204 NORTHSHIRE CT ROANOKE VA 24014 Rebecca Cockram SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 30 • say of December, 013 ens% ? ��2�h,/ Notary Public CANDACE R. MARTIN NOTARY PUBLIC Common; earth of Virginia Reg #282076 My Commission Expires /, -4 The Roanoke Times PUBLIC HEARING Roanoke, Virginia NO110E Affidavit,`% R4b,Yr 0$015 ,;_ PUBLIC HEARING NOTICE The Roanoke Times All public hearings advertised herein will be + held in the City Council - Chamber, fourth floor, . Room 450,Noel C.Taylor ', Municipal Building,215 t CITY OF ROANOKE, PDV Roanoke Virginia All j PLANNING, BLDG. , DEV applications are available t 215 CHURCH 16 6 for and Development office, Room 166, 215 l. ROANOKE VA 24 011 Church Ave.S.W.,Roanoke, e VA. I Any person with a disability c requiring any special r REFERENCE: 80076514 accommodation attend planet the 13516377 PUBLICHEARINGNOTICEP hearings should contact ' Planning and Development ent a et ((540) 853-1730 at least five days State of Virginia prior to the scheduled City of Roanoke - The Planning Co emission will hold a public herring on I, (the undersigned) an authorized representative January 14,2014,at 1:30 Corporation, which corporation p.m.;or as soon as the of the Times-World Cor p p matters may be heard,to is publisher of the Roanoke Times, a daily consider these applications: newspaper published in Roanoke, in the State of Application by BGGT,LLC to p rezone property,repeal all Virginia, do certify that the annexed notice was �editionspoferrendlnH.eart published in said newspapers on the following amend the planned unit development plan for the dates: property located at 0(Zero) Roberts Road, bearing Official Tax No.1290108. The application is to rezone the property from CG, District,with Nei n,orhood MXPUD,Mixed Use Panned Unit Development,with City/County of Roanoke, Commonwealth/State of MixedtUses Planned PUnit Development. The Virginia. Sworn and subscribed before me this g conditions proposed for Pith,day of Jan.2014 . Witness my hand and repealadoptedthrouen the enactment of Ordinance official seal . Nos.34406-080299 and 32777.121895,require the • property to be developed In substantial conformity to a `a a 6 la Notary Public site plan by'Almaden and • Associates,dated October, 11,1995;restrict on-street parking; limit on-site signage;require submittal of development plans for each phase to the Planning Commission;limit the use `wvr°a""Ir' v,,` of the commercially zoned v P LA Y47 r, portion of the property to community center,general PUBLISHED ON: 01/01 01/08 �`\0....•-•........./. i community tense center, a m'Z- NOrp.P` medical clinic,restaurant, PUeu - •. hotel/motel/Inn,or group • ' care facility;and restrict REC'• 0 09(-)9°0 • _ access to the site from Roberts Road. The a OMM)SSION • ¢_ application is to permit MY C nt iz1 _ " construction of seven(7 F_ ' single tangly houses with t O $$'�yj�� changed site configuratiol 0 • y \ ' and amenities Instead o TOTAL COST: 1,471 .44 '., '1 F� condomnium units and: FILED ON: 01/13/14 �tf, LL=11_TN .. '�` + Authorized Signature: 4 rani / Billing Services Representative I commumry' comer, aenem offices, fitness center medical clinic, restauran hotel /motel /Inn, or grout care facility previopsl residential; an per 1,600 square reae Of m, area. The comprehensive plan designates the property for mix6c residential and genera commercial use, but doer not specify density. The proposed use of the properly Is single famill r esidenityl al will aproximate unit per 31,367 one fee nj of lot area. Application by Pegasue Tower Company, LLC lc amend the Planned Unli Development Plan as II pertains to 1609 Franklin Rd., SW, containingg approximately 4.31IN acres, bearing Official Ter No. 1040104, to permll of a wirelest cations tower t or without t e top of the base l and an a In Phase II e commodations and grou ving; commercial a 3 e m b I y a n ltertalnment: public r utility; agricultural; an I accessory, with a maximur I dernitY of one dwelling un per 1,800 square feet of h area. The comprehensiv I plan designates th property for commerclL. use. The proposed use of I clinic service t, not s T. and rezone f to a prof ant plan. I catego n the 1 -1 Di commer, If not specify density. The proposed use of the property Is commercial motor vehicle and equipment storage. Rebeccp Cockram, Secretary, City Planning Commission City Council will hold public hearings on the aforesaic applications on January 41. 4014, at 7:00 p.m., or as soon ss the matters may be heard. Stephanie M. Moon, MMC, PUBLIC HEARING NOTICE PUBLIC HEARING NOTICE All public hearings advertised herein will be held in the City Council Chamber, fourth floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. 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 January 14, 2014, at 1:30 p.m., or as soon as the matters may be heard, to consider these applications: Application by BGGT, LLC to rezone property, repeal all conditions proffered as part of a previous rezoning, and amend the planned unit development plan for the property located at 0 (Zero) Roberts Road, bearing Official Tax No. 1290108. The application is to rezone the property from CG, Commercial-Neighborhood District, with conditions, and MXPUD, Mixed Use Planned Unit Development, with conditions, to MXPUD, Mixed Use Planned Unit Development. The conditions proposed for repeal, adopted through the enactment of Ordinance Nos. 34406-080299 and 32777-121895, require the property to be developed in substantial conformity to a site plan by Lumsden and Associates, dated October, 11, 1995; restrict on-street parking; limit on-site signage; require submittal of development plans for each phase to the Planning Commission; limit the use of the commercially zoned portion of the property to community center, general offices, fitness center, medical clinic, restaurant, hotel/motel/inn, or group care facility; and restrict access to the site from Roberts Road. The application is to permit construction of seven (7) single family houses with a changed site configuration and amenities instead of condominium units and a community center, general offices, fitness center, medical clinic, restaurant, hotel/motel/inn, or group care facility previously permitted by the Mixed Use Planned Unit Development Plan (MXPUD), Ordinance 34406-080299, adopted by City Council on August 2, 1999. The land use categories permitted in the MXPUD 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 mixed residential and general commercial use, but does not specify density. The proposed use of the property is single family residential with approximately one dwelling unit per 31,357 square feet of lot area. 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 either with a light or without such light on the top of the structure in Phase I and an office building in Phase II on the property 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 with a light and commercial building including office, general and professional, and/or medical clinic and/or business service establishment, not otherwise listed. Application by James T. and Linda P. Hullett to rezone property located at 1817 Indiana Ave, NE, bearing Official Tax No. 3060810. The application is to rezone the property from RM-1, Residential Mixed Density District, to I-1, Light Industrial District, with a condition. The condition is that the site will be developed in substantial conformity to a proffered development plan. The land use categories permitted in the I-1 District include commercial; industrial; warehousing and distribution; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory, with a maximum floor area ratio of 2.0. The comprehensive plan designates the property for single/two family residential use, but does not specify density. The proposed use of the property is commercial motor vehicle and equipment storage. Rebecca Cockram, Secretary, City Planning Commission City Council will hold public hearings on the aforesaid applications on January 21, 2014, 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 January 1 and 8, 2014. 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 CITY OF ROANOKE ;:re OFFICE OF THE CITY CLERK eel 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: clerk i)roanokeva.gov STEPHANIE M.MOON,MMC JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk January 13, 2014 CECELIA T.WEBB,CMC Assistant Deputy City Clerk Sean Home, Agent Balzer and Associates, Inc. 1208 Corporate Circle Roanoke, Virginia 24018 Dear Mr. Home: 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 Tuesday, January 21, 2014, 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 BGGT, LLC, to rezone property, repeal all conditions proffered as part of a previous rezoning, and amend the planned unit development plan for the property located at 0 Roberts Road, from CG, Commercial-Neighborhood District and MXPUD, Mixed Use Planned Unit Development, to MXPUD, Mixed Use Planned Unit Development with conditions. It will be necessary for you, or your representative, to be present at the January 21st public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, Stephanie M. Moon, MMC City Clerk SMM:ctw CITY OF ROANOKE gnolentia 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: cicrk@roanokeva.gov JONATHAN E.CRAFT,CMC STEPHANIE M.MOON,MMC Deputy City Clerk City Clerk January 13, 2014 CECEWA T.WEBB,CMC Assistant Deputy City Clerk To Adjoining Property Owners Ladies and Gentlemen: 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 Tuesday, January 21, 2014, 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 BGGT, LLC, to rezone property, repeal all conditions proffered as part of a previous rezoning, and amend the planned unit development plan for the property located at 0 Roberts Road, from CG, Commercial-Neighborhood District and MXPUD, Mixed Use Planned Unit Development, to MXPUD, Mixed Use Planned Unit Development with conditions. 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 6.4. 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 STEPHANIE M.MOON,MMC E-mail: elerk@roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk January 23, 2014 Lane Dellinger, Agent Paul Bunyan's Tree Service 1734 11th Street, N. E. Roanoke, Virginia 24012 Dear Mr. Dellinger: I am enclosing copy of Ordinance No. 39852-012114 to amend §36.2-100, Code of the City of Roanoke (1979), as amended, rezoning the property located at 1817 Indiana Avenue, N.E., bearing Official Tax Map No. 3060810, from Residential Mixed Density District (RM-1), to Light Industrial District (I-1), with a condition. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, January 21, 2014, and is in full force and effect upon its passage. Sincerely, tylea,► Stephanie M. Moon, MMC City Clerk Enclosure Lane Dellinger, Agent Paul Bunyan's Tree Service January 23, 2014 Page 2 pc: E.C. Pace Company, Inc., P. 0. Box 12685, Roanoke, Virginia 24027 Ty and Cynthia Davidson, 6510 Shingle Ridge Road, S. W., Roanoke, Virginia 24018 The Honorable Brenda S. Hamilton, Clerk of the 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 Rebecca Cockram, Secretary, City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of January, 2014. No. 39852-012114. AN ORDINANCE to amend § 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain property within the City, and dispensing with the second reading of this Ordinance by title. WHEREAS, James T. and Linda Hullett have made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the property located at 1817 Indiana Avenue, N.E., bearing Official Tax Map No. 3060810, rezoned from Residential Mixed Density District (RM-1), to Light Industrial District (I-I), with a condition; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on January 21, 2014, after due and timely notice thereof as required by §36.2- 540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of Rezone-1817 Indiana Ave,NE.I-21-2014 the subject property, and for those reasons, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that Official Tax Map No. 3060810, located at 1817 Indiana Avenue, N.E., be and are hereby rezoned from Residential Mixed Density District (RM-1), to Light Industrial District (I-1), with a condition, as set forth in the Zoning Amended Application No. 1 dated January 6, 2014. 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: inibbva City Clerk. Rezone-1817 Indiana Ave,NE.1-21-2014 CITY COUNCIL AGENDA REPORT 4IP10 To: Honorable Mayor and Members of City Council Meeting: January 21 , 2014 Subject: Application by James T. and Linda P. Hullett to rezone property located at 1817 Indiana Ave, NE, bearing Official Tax No. 3060810. The application is to rezone the property from RM-1 , Residential Mixed Density District, to I-1 , Light Industrial District, with a condition. The condition is that the site will be developed in substantial conformity to a proffered development plan. Recommendation The Planning Commission held a public hearing on Tuesday, January 14, 2014. By a vote of 6-0, the Commission recommended approval of the rezoning request, finding the Amended Application No. 1 is consistent with the City's Comprehensive Plan, Hollins/Wildwood Area Plan, and Zoning Ordinance as an existing property will be redeveloped with the expansion of an existing business in a manner appropriate to the surrounding area. Application Information Request: Rezoning Owner: James T. & Linda P. Hullett, Paul Bunyan Tree Service Applicant: None Authorized Agent: Lane Dellinger, Paul Bunyan Tree Service City Staff Person: Katharine Gray, Land Use and Urban Design Planner Site Address/Location: 1817 Indiana Ave NE Official Tax Nos.: 3060810 Site Area: 0.3581 acres Existing Zoning: RM-1 , Residential Mixed Density District Proposed Zoning: I-1 Light Industrial District Existing Land Use: Dwelling, single-family detached and storage building Proposed Land Use: Equipment storage building Neighborhood Plan: Hollins/Wildwood Area Plan Specified Future Land Use: Single/Two Family Filing Date: Original Application: December 5, 201 3 Amended Application No. 1 : January 6, 2014 Background In March 201 3, a representative of Paul Bunyan Tree Service, Inc. met with City staff to discuss building a proposed equipment storage building adjacent to their current contractor/tradesman facility at 1734 1 1 th Street, N.E. on the adjacent lot at 1817 Indiana Avenue, N.E. The lots that the current facility and proposed facility are located on are between 1 1th Street, N.E. on the east and Indiana Avenue, N.E on the west. The lot the existing business is located on has particular constraints with a septic system and drainage field that makes additional construction or expansion impossible. There is no sanitary sewer in the area and none is planned due to the geological formations in the area. The proposed building would be constructed on the adjacent parcel and replace a detached single family dwelling and storage building currently located there. The parcel is zoned RM-1 and the proposed use is not permitted in the current RM-1 district. In December 201 3, the owner filed an application to rezone tax map number 3060810 located at 1817 Indiana Avenue, N.E. The application included a development plan to reflect the applicant's proposed development for the site. The applicant proposes to remove the single family dwelling and build an equipment storage building with the main access off of 1 1 th Street N.E. with a landscaping buffer along the western edge of the property closest to the adjacent residential area. In January 2014, the owner filed Amended Application No. 1 . They proposed to add a fence around the property, and further detailed the planting and building information. Conditions Proffered by the Applicant The development plan attached to this amendment is binding for future development. Development guidelines are listed directly on the development plan. The applicant proffers that the Property will be developed in substantial conformity with the development plan prepared by Pierson Engineering & Surveying, dated January 06, 2014, a copy of which is attached as Exhibit 1 to this application, subject to any changes that may be required by the City during comprehensive development plan review. Considerations Surrounding Zoning and Land Use: Zoning District Land Use North I-1 , Light Industrial District Contractor's Shop, Heavy Construction South 1-1 , Light Industrial District Contractor or Tradesman's Shop, general or special trade East 1-1 , Light Industrial District Contractor's Shop, Heavy Construction West RM-1 , Residential Mixed Vacant Density District 2 Compliance with the Zoning Ordinance: The purpose of the I-1 District is to provide for a range of wholesale, warehousing, distribution, storage, repair and service, assembly or processing, fabrication or manufacturing, accessory commercial and office uses, intensive commercial uses, and other types of uses such as flex space. The regulations of the I-1 District are intended to mitigate conflict between adjacent uses within the district and to protect neighboring nonindustrial districts and uses. Development on the parcel will be subject to zoning ordinance requirements that protect the neighboring residential parcels from any negative effects. Conformity with the Comprehensive Plan and Neighborhood Plan: Both Vision 2001-2020 and the Hollins/Wildwood Area Plan recognize the need to nurture growth of existing businesses while protecting the physical and social fabrics of the existing neighborhood. The neighborhood has developed differently than envisioned 100 years ago. Survey plats from 1911 and 1919 indicate that the neighborhood was planned for residential development. However, that development did not fully occur as planned resulting in residential development surrounded by industrial and commercial development along Hollins Road, Orange Avenue, and the border of Tinker Creek. This particular site is located in a transition zone between vacant, residential, industrial, and commercial properties that forms a narrow band between three areas targeted for industrial redevelopment. As such, industrial redevelopment can occur in a manner that both accommodates growth of an existing business while creating a good transition in form and use from industrial to residential in the area in which the property is located. The change in zoning will allow for development that better reflects the forms and uses along the 1 1 th Street N.E. industrial corridor that the existing business is located on while protecting the vacant residential properties on the opposite side of Indiana through specific landscape buffers and building design. Relevant Vision 2001-2020 policies: The following policies of Vision 2001- 2020 are relevant in the consideration of this application: 3.3.2 Industrial Development Map ED P1 . Economic base. Roanoke will have a sustainable, diverse economic base that supports target industries in biotechnology, optics, information technology/software, transportation-related manufacturing and services, and supporting business services. ED PS. Industrial development. Underutilized and vacant industrial sites will be evaluated and redevelopment encouraged. Local policies and incentives and state economic incentives will strengthen the businesses and industries in the Enterprise Zones and provide jobs. 3 While the existing tree service business is not in a target industry, such service/contracting entities are part of the overall economic base of the City and can be considered supporting business services. As such, reasonable expansion of such an existing, necessary business should be encouraged based on the above policy statements. Vision further defines how an industrial center should be designed to not only provide for a sustainable, diverse economy, but to also blend well with the character of surrounding areas and thoroughfares. Industrial centers Industrial centers are intended to serve as employment hubs that attract workers from the City and the region. These centers are typically located along arterial roads or interstate highways. They are characterized by large sites with perimeter fencing, outdoor storage, deep setbacks, and large expanses of parking. These centers sometimes have adjacent land uses that are incompatible and discourage expansion or redevelopment opportunities. Design Principles: • Outdoor storage should be shielded from public view, and perimeter fencing should be attractive. • Site development should be maximized through reduced parking spaces, increased lot coverage, and parcels developed along street frontages. Shared parking should be encouraged. • Parking lots should have multiple vehicular entrances that are clearly marked and attractively landscaped. Parking lots should have trees located in the interior of the site and along street frontages. Connectivity within centers and with existing collector and arterial streets should be encouraged. • Excessive lighting should be discouraged. The proffered development plan provides for more landscape screening than required by the zoning ordinance between industrial and residential uses. And the placement and orientation of openings in the building towards the 1 1 th Street N.E. side of the property protects the adjacent residential areas from light and traffic. Relevant Hollins/Wildwood Area Plan Policies: The following recommendations of the Hollins/Wildwood Area Plan are relevant in the consideration of this application: Economic Development • Industrial Districts: Industrial uses should have sufficient land to operate, and have a minimal impact on adjoining properties. 4 Infrastructure • Curb, Gutter and Sidewalk Improvements: New developments and arterial and collector streets should have urban amenities such as sidewalks and curb and gutter. Appropriate species of trees should be planted as a part of such improvements. Neighborhood plan policy supports expansion of businesses in industrial districts and the proffered site plan addresses the basic infrastructure provisions of the plan. City Department Comments: • Dimensions of lot do not reflect dimensions on city map; revise development plan if needed (The property lines as shown on the development plan show a portion of Missouri Avenue N.E. as a portion of the lot. Right-of-Way dedication will be required during the development review process if this is correct.) • Label areas of building without openings towards residential areas, storage, fencing Label storage areas on the plan • Label width of landscape buffer and mixture of large deciduous trees and evergreen materials to be used • Review storm water management requirements The applicant submitted Amended Application No. 1 in response to the comments, further detailing the landscaping, building design, fencing, and storage. The applicant also reviewed storm water management requirements with the development review coordinator. Public Comments: None. Planning Commission Work Session: None. Planning Commission Public Hearing Discussion: None. Xa-2(-6-c_ bc- �� Lora Katz, C air City Planning Commission 5 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 James T. & Linda P. Hullett, Paul Bunyan Tree Service Lane Dellinger, Paul Bunyan Tree Service 6 Zoning Amendment Villir Application ..'WIPP `I Department of Planning,Building and Development RECEIVED ROANOKE Room 166,Noel C.Taylor Municipal Building JAN 0 6 2014 215 Church Avenue S.W. Roanoke,Virginia 24011 Click Here to Print Phone (540)853-1730 Fax: (540)653-1230 CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT Date: Jan 6,2014 Submittal Number. Amended Application No,1 ,Request talkovi all that applyb ❑ Rezoning,Not Otherwise Listed ❑Amendment of Proffered Conditions g Rezoning,Conditional ❑Amendment of Planned Un't Development Plan ❑ Rezoning to Planned Unit Development ❑Amendment of Comprehensive Sign Overlay Distnct ❑ Establishment of Comprehensive Sign Overlay Distnct P roperty_In!Q rmatLom Address: 1817 Indiana Ave.NE Official Tax No(s).: [ b600 Existing Base Zoning: ❑ With Conditions RM-1,Residential Mixed Density (If multiple zones, please manually enter all districts,) LL i J ❑ Without Conditions Ordinance No(s).for Existing Conditions(If applicable): Requested Zoning: 1-1,Light Industrial(c) Proposed Land Use Equipment Storage ,Property Qw r tnfa ►tlon: Name James T.&Linda Huilett Phone Number: +1 (540)890-3183 Add : [13807 5 ewartsville Rd.,Vinton,VA 24179 E-Mail; tim;�pbunyan.com I perty Owners Signature: tligant Infor>t ioni fsiifforont from owner Name Phone Number: Address: E-Mail: Applicant's Signature: ,Authorized Agant information Alf applicable); Name: Lane Dellinger Phone Number: +1 (540)890-6550 A.• e • 11th St.NE,Roanoke,VA 24012 E-Mail IaneC�pbunyan.com 94r Aat Autho z '.ent's Sig. Zoning Amendment 11111111 A pp lication Checklist The following must be submitted for all applications: ROA N O K E IX Completed application form and checklist, Written narrative explaining the reason for the request. r- Metes and bounds description,if applicable. Filing fee. For a rezoning not otherwise listed,the following must also be submitted: r" Concept plan meeting the Application Requirements of item'2(c)'in Zoning Amendment Procedures. For a conditional rezoning,the following must also be submitted: r' Written proffers. See the City's Guide to Proffered Conditions, Concept plan meeting the Application Requirements of item'2(c)'in Zoning Amendment Procedures. Please label as ✓ 'development plan'if proffered. For a planned unit development,the following must also be submitted: 7 Development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. For a comprehensive sign overlay district,the following must be submitted: 7 Comprehensive signage plan meeting the requirements of Section 36.2-336(d)(2)of the Cty's Zoning Ordinance, For an amendment of proffered conditions,the following must also be submitted: Amended development or concept plan meeting the Application Requirements of item'2(c)'in Zoning Amendment Procedures, if applicable. 7 Written proffers to be amended. See the City's Guide to Proffered Conditions. I— Copy of previously adopted Ordinance. For a planned unit development amendment,the following must also be submitted: 1 " Amended development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance, I— Copy of previously adopted Ordinance. For a comprehensive sign overlay amendment,the following must also be submitted: fl Amended comprehensive signage plan meeting the requirements of Section 36.2-336(d)of the City's Zoning Ordinance. 7 Copy of previously adopted Ordinance. For a proposal that requires a traffic impact study be submitted to the City,the following must also be submitted: • A Traffic Impact Study in compliance with Appendix B-2(e)of the City's Zoning Ordinance. For a proposal that requires a traffic impact analysis be submitted to VDOT,the following must also be submitted: 7 Cover sheet. I— Traffic impact analysis. 7 Concept plan. (— Proffered conditions,if applicable. I— 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. Written Narrative for 1817 Indiana Ave. NE Zoning Amendment We are requesting a zoning amendment for the property located at 1817 Indiana Ave. NE from RM-1 to I-1 (Official Tax #3060810). We are requesting this change because the property in question is attached to an existing property zoned I-1 that is being used for Paul Bunyan's Tree Service, Inc. Our company has grown over the years to a point where expansion will be necessary in the upcoming months/years. Our future goal will be to erect an equipment storage building to house our tree care equipment. This equipment is very expensive and its exposure to the elements is shortening the life of the equipment forcing our company to spend thousands of dollars for untimely repairs. The property will be developed in substantial conformity with the development plan prepared by Pierson Engineering & Survey dated January 6, 2014 a copy of which is attached to this application as Exhibit 1, subject to any changes that may be required by the City during comprehensive development plan review. We attempted to erect an equipment storage building on our existing property at 1734 11th St. NE earlier this year. However, our septic system lies under our parking lot and the lack of municipal sewer precludes erecting a building on that property. The zoning amendment will have little, if any effect on the surrounding neighborhood. Property surrounding the lot in question is zoned Industrial on three sides and the remaining side is zoned Residential and does not have a residence on the lot. There will be no change in traffic or increase of additional traffic resulting from the zoning amendment. The proposed zoning amendment will be cohesive with the City's Comprehensive Plan due to the location of the property and the surrounding Industrial zoned properties. 0 PIERSON ENGINEERING & SURVEYING P.H.BOX 311 44 CATAVHA ROAD MLEVILLE,VA 24083 OHAPHIC SCALY I T T 1 T f l {v wr i a4 966-70V 1a a D 1464 PO 100 I.r..n a 044.141,7106 FI.7 r..r,.m.vwa.a,.ae.. r---- Me.VOQI 6111 Wln EA/ron. ii Ih PRIM IIE CG-6 Curbing w3,7 j##tlts$ I( rl't{i# I`.illi4.s r I,_u�jtt;t�utYtaI it -1 ..---q•—"----- a T1 ly I7 i tT.Y tut i?n " 11 µi ') 3 Z iIN R/YI - F 11 i � T7.;.. ------------ Z C i ' I • u i1,, - O J D W MI o. Z p m I E F I ; ^ NMI LiI II4 ! #o "' 3 0 i f t:. 4 Elip n:: ....:. ei li 11 Z v C°tr m. rrr.'7 ; ``��41 ,1411. K •I LandopopIng Donlon WIII no 10'MU. Q Boob N.I*4..lb,PdbvN. on I.,GBp7 nto I PM inr on�/-SD-t.nlr. .r 1' ... I (1B)-6/l.TN E Id Orson Arbon*.. n/wgn ion B'Conlon. S vwc It. . i A191771 PST C1 01 TAXID LOCADDR OWNER OWNERADDR1 3060405 1036 MISSOURI AVE NE PACE E C COMPANY INC PO BOX 12685 3060603 1818 INDIANA AVE NE E C PACE&COMPANY INC PO BOX 12685 3060811 1734 11TH ST NE HULLETT JAMES T& LINDA P 1734 11TH ST NE 3061501 1725 11TH ST NE DAVIDSON TY&CYNTHIA C 6510 SHINGLE RIDG M R3.23 0 a co 6010$ st 0 ir a co 0 M — MISSOURI x RC} MA�if ipiti i�i�i�i�i iii:i .AAA.• I• ♦..♦ •.••••••••••••••..4•.•0.•.04❖.•i•i�.•i�. .•.�. 4 , •••••����••••••••��•• •••••••••�• Tinker•Y •••••••� ••• i•••i i�•�i0•�•.••. Creek ►.•••••••••••••.••••••••❖Al A kit.•.•.0.4•i♦•0•.••. i•i0•••►...... t•••••••..� 3060603 ►��••�O.O� 04+.••.•.•❖•�.�1 ►•••••••.�••••.*0•❖•S t••4••.•••••••••4 ■••••••••. •.•.••.••Z Q y — 0 ! RM-1 Z 3060604 w a I 0 3060812 r 3060826 _ I 0 CO *OCA4nt 1817 Indiana Avenue, N.E. Soso N Official Tax Map No. 3060810 3060809 •------ -—w A-1 r 1 1 ______ 3061502 AFFIDAVIT APPLICANT: James T and Linda P. Hullett LOCATION: 1817 Indiana Ave., N.E., Tax No. 3060810 REQUEST: 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 December, 2013, notices of a public hearing to be held on the 14th day of January, 2014, 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 3060405, 3060603 PACE E C COMPANY INC PO BOX 12685 ROANOKE VA 24027 3060811 HULLETT JAMES T & LINDA P 1734 11TH ST NE ROANOKE VA 24012 3061501 DAVIDSON TY & CYNTHIA C 6510 SHINGLE RIDGE RD ROANOKE VA 24018 �°Cklkt Rebecca Cockram SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 30tr ay of December, 20 , LeCANDACE R. MARTIN !lull NOTARY PUBLIC Notary Public Commonwealth of Virginia Reg. #28207 My Commission Expires The Roanoke Times PUBLIC HEARING Roanoke, Virginia NOTICE Affidavit,,.e PublAica.'G'i3On „ NOME The Roanoke Times Alll p bbl licN hearings advertised herein will be + held In the City Council Chamber, fourth floor, Room 450,Noel C.Taylor; Municipal Building, t CITY OF ROANOKE, PDV Church Avenue, S.W., , PLANNING, BLDG. , DEV Roanoke, Virginia. All 1 applleations are available e 215 CHURCH 166 for review In the Planning ROANOKE VA 24011 Building Room e 168, 215 ! Church Ave.SW.,Roanoke, ce VA. 1 Any person with a disability t REFERENCE: 80076514 accommodation top attend e 13516377 PUBLICHEARINGNOTICEP hearrings sho ld con i ct Planning Building and Development at(540) State of Virginia 853-1720.at least five days g prior to the scheduled City of Roanoke hearing. of Roanoke Planning Commission will I, (the undersigned) an authorized representative holds public hearing on January 14,2014,at 1:30 of the Times-World Corporation, which corporation patters as bee as ,to matters may by heard,to is publisher of the Roanoke Times, a daily consider these applications: newspaper published in Roanoke, in the State of Application by BGGT,LLC to Virginia, do certify that the annexed notice was conditions property,fred as part published in said newspapers on the following am• end thesplannied unit dates: development plan for the property located at 0(Zero) Road, bearing Official• !Tax No.1290108. The applicationis to rezone the property from CG, . Commercial-Neighborhood _,District,with conditions,and MXPUD,Mixed Use Planned Unit Development,with City/County of Roanoke, Commonwealth/State of conditions, to MXPUD, Virginia. Sworn and subscribed before me this Dezvelospmeent. The conditions proposed for 174day of Jan.2014 . Witness my hand and repeal,adopted through the enactment of Ordinance official seal . Nos.34406-080299 and 32777-121895,require the property to be developed In \.a us \ • A . Notary Public substantial conformity to a site plan by ed Oc and 11 Associates,Eat October, 11,195;restrict o n-str t parking; limit on-sit e signage;require submittal of development plans for each phase to the Planning Commission;limit the use .v- of the commercially zoned �`` ..( i\ l.F'i FA?, portion of the property to community center,general PUBLISHED ON: 01/01 01/08 ÷' .. ° t medical fitness center, �",��. (�Uin,_�Y f medical clinic,restaurant, Z. Ca e PU[;LIi. hotel/motel/Inn,or group >. ' care facility;and restrict -1096930 ° — access to the site from Bit hS)pp1 • -" Roberts Road. The - T : 6�iM ^ • `f - application Is to permit 11Y C F �F . �, m construction of seven(7 t, 0 '. F " single tam,Ily houses with I 0 -- - Q changed site configuratlo, and TOTAL COST: 1,471 .44 ` �. condominiumsunitsa and:•FILED ON: 01/13/14 �� O/�'��� �'F��� Authorized Signature: --./ ; °. , ,1 _ % ,� Billing Services Representative construction of a wlreles! telecommunications tower either with a light or without such light on the top of the structure in Phase I and an office building in Phase II on the property previously rezoned to Institutional Planned Unit Developmenr Plan(INPUD), during tip comprehensive rezonini 1 Ordinance 37269.12050: . on December 5,2005. Th i land use categoric community comer,saner. I permitted In the INPUT offices, fitness center r District include residentia medical clinic,resteuran I accommodations and grou hotel/motel/inn,or group living; commercial care facility previously a s s e m b l y an permitted by the Mixed Use a entertainment; public Planned Unit Development institutional and communil Plan(MXPUD),Ordinance facilities;transportatior 34406-080299,adopted by utility;agricultural;an City Council on August 2, accessory,with a maximur 1999. The land use density of one dwelling un categories permitted in the per 1,800 square feet of k MXPUD. District include area. The comprehensir residential; accom- I plan designates th modatlons and group living; property for commerdu, commercial;assembly and • use. The proposed use of entertainment; public, the property Is wireless institutional and community telecommunications facility facilities; transportation with a light and commercial utility; agricultural;and building including office, accessory;with a maximum genera and professional, density of onedwellinguni! • and/or medical clinic and/or business service per 1,800 square feet of lot establishment, not area. The comprehensive otherwise listed, plan designates the property and genera Application by James T.and residential and genera Linde.P.Mullett to rezone commercial use,but doe! not specify density. The property located at 1817 proposed use of the Indiana Ave, NE,bearing property is single fa l l 'Official Tax No.3060810. residential wi The application Is to rezone unit per 31, y one dwelling fee' the property from RM-d, unit per 31,357 square feel District,ctl, to Density of lot area. District, to 1-1, Light. Industrial District,with a Application by Pegasus condition. The condition is Tower Company,LLC tc that the site will be amend the Planned Unll developed in substantial Development Plan as II conformity to a proffered pertains to 1809 Franklin development plan. The Rd., SW, containing land use categories approximately 4.3610 permitted in the I-1 District acres,bearing Official Tar include commercial; No. 1040102,to permit industrial;warehousing and distribution;assembly and entertainment; public, institutional and community facilities;transportation; utility;agricultural; and accessory,with a maximum floor area ratio of 2.0. The comprehensive plan designates the property for single/two family residential use, but does not specify density. The proposed use of the property is commercial motor vehicle and equipment storage. Rebeccp Cockram, Secretary;City Planning Commission City Council will hold public hearings on the aforesaid applications on January 21, 2014;at 7:00 p.m.,or as soon as the matters may be heard. Stephanie M.Moon,MMC, City Clerk (13516377) PUBLIC HEARING NOTICE PUBLIC HEARING NOTICE All public hearings advertised herein will be held in the City Council Chamber, fourth floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. 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 January 14, 2014, at 1:30 p.m., or as soon as the matters may be heard, to consider these applications: Application by BGGT, LLC to rezone property, repeal all conditions proffered as part of a previous rezoning, and amend the planned unit development plan for the property located at 0 (Zero) Roberts Road, bearing Official Tax No. 1290108. The application is to rezone the property from CG, Commercial-Neighborhood District, with conditions, and MXPUD, Mixed Use Planned Unit Development, with conditions, to MXPUD, Mixed Use Planned Unit Development. The conditions proposed for repeal, adopted through the enactment of Ordinance Nos. 34406-080299 and 32777-121895, require the property to be developed in substantial conformity to a site plan by Lumsden and Associates, dated October, 11, 1995; restrict on-street parking; limit on-site signage; require submittal of development plans for each phase to the Planning Commission; limit the use of the commercially zoned portion of the property to community center, general offices, fitness center, medical clinic, restaurant, hotel/motel/inn, or group care facility; and restrict access to the site from Roberts Road. The application is to permit construction of seven (7) single family houses with a changed site configuration and amenities instead of condominium units and a community center, general offices, fitness center, medical clinic, restaurant, hotel/motel/inn, or group care facility previously permitted by the Mixed Use Planned Unit Development Plan (MXPUD), Ordinance 34406-080299, adopted by City Council on August 2, 1999. The land use categories permitted in the MXPUD 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 mixed residential and general commercial use, but does not specify density. The proposed use of the property is single family residential with approximately one dwelling unit per 31,357 square feet of lot area. 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 either with a light or without such light on the top of the structure in Phase I and an office building in Phase II on the property 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 with a light and commercial building including office, general and professional, and/or medical clinic and/or business service establishment, not otherwise listed. Application by James T. and Linda P. Hullett to rezone property located at 1817 Indiana Ave, NE, bearing Official Tax No. 3060810. The application is to rezone the property from RM-1, Residential Mixed Density District, to I-1, Light Industrial District, with a condition. The condition is that the site will be developed in substantial conformity to a proffered development plan. The land use categories permitted in the I-i District include commercial; industrial; warehousing and distribution; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory, with a maximum floor area ratio of 2.0. The comprehensive plan designates the property for single/two family residential use, but does not specify density. The proposed use of the property is commercial motor vehicle and equipment storage. Rebecca Cockram, Secretary, City Planning Commission City Council will hold public hearings on the aforesaid applications on January 21, 2014, 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 January 1 and 8, 2014. 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 A e CITY OF ROANOKE t " 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 STEPHANIE M.MOON,MMC JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk January 13, 2014 CECELIAT.WEBB,CMC Assistant Deputy City Clerk Lane Dellinger, Agent Paul Bunyan's Tree Service 1734 11th Street, N. E. Roanoke, Virginia 24012 Dear Mr. Dellinger: 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 Tuesday, January 21, 2014, 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 James and Linda Hullett to rezone property located at 1817 Indiana Avenue, N. E., from RM-1, Residential Mixed Density District, to I-1, Light Industrial District, with a condition that the site will be developed in substantial conformity to a proffered development plan. It will be necessary for you, or your representative, to be present at the January 21st public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, Stephanie M. Moon, MMC City Clerk SMM:ctw 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@romwkeva.gov JONATHAN E.CRAFT,CMC STEPIIANIE M.MOON,MMC Deputy City Clerk City Clerk January 13, 2014 CECELIA T.WEBB,CMC Assistant Deputy City Clerk To Adjoining Property Owners Ladies and Gentlemen: 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 Tuesday, January 21, 2014, 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 James and Linda Hullett to rezone property located at 1817 Indiana Avenue, N. E., from RM-1, Residential Mixed Density District, to I-1, Light Industrial District, with a condition that the site will be developed in substantial conformity to a proffered development plan. 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, � __ \\ Joo D Stephanie M. Moon, MMC City Clerk SMM:ctw 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 STEPHANIE M.MOON,MMC E-mail: clerk @roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk January 23, 2014 Mark W. Walsh, President Roanoke Valley Youth Soccer Club, Inc. 2800 Electric Road, S. W., Suite 1020 Roanoke, Virginia 24018 Dear Mr. Walsh: I am enclosing copy of Ordinance No. 39853-012114 accepting the bid of Roanoke Valley Youth Soccer, Inc., ("Lessee") to lease certain City-owned properties identified as Official Tax Map No. 6421001 and a portion of Official Tax Map No. 6472302, upon certain terms and conditions; authorizing the City Manager to execute such Lease Agreement; authorizing the City Manager to take such further actions and execute such further documents as may be necessary to implement, administer, and enforce such Lease Agreement. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, January 21, 2014, and is in full force and effect upon its passage. Sincerely, it- 94-11-41--t--e-- 02/1,-.) Stephanie M. Moon, MMC City Clerk Enclosure Mark W. Walsh, President Roanoke Valley Youth Soccer Club, Inc. January 23, 2014 Page 2 pc: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Ann I-I. Shawver, Director of Finance Susan Lower, Director of Real Estate Valuation Philip Schirmer, City Engineer IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of January, 2014. No. 39853-012114. AN ORDINANCE accepting the bid of Roanoke Valley Youth Soccer, Inc., ("Lessee") to lease certain City-owned properties identified as Official Tax Map No, 6421001 and a portion of Official Tax Map No. 6472302, upon certain terms and conditions; authorizing the City Manager to execute such Lease Agreement; authorizing the City Manager to take such further actions and execute such further documents as may be necessary to implement, administer, and enforce such Lease Agreement; and dispensing with the second reading by title of this Ordinance. WHEREAS, the City has, by advertisement published once a week for two successive weeks in a paper of general circulation published in the City, publicly invited bids for the lease of certain property for the development, construction, maintenance and operation of a soccer facility, such property being owned by the City of Roanoke and described above; WHEREAS, one (1) bid for the execution of a Lease Agreement for such property for the purposes mentioned above was/were received pursuant to the advertisement, and such bid was opened at the City Council meeting held on January 21, 2014; WHEREAS, on January 21, 2014, at approximately 10:47 a.m., Lessee submitted a bid to the City for the development, construction, maintenance and operation of a soccer facility on Official Tax Map No. 6421001 and a portion of Official Tax Map No. 6472302, located on 0 (zero) Ben Street, N.W., Roanoke, Virginia, and 2100 Countryside Road, N.W., Roanoke, Virginia, respectively, upon substantially similar terms as contained in the proposed Lease Agreement that is on file in the City Clerk's Office; 1 WHEREAS, the matter was referred to the City Manager for evaluation and negotiation with the Lessee as to the final terms and conditions for such Lease Agreement; WHEREAS, negotiations between the City Manager and Lessee have resulted in a Lease Agreement that provides for the development, construction, maintenance and operation of a soccer facility on the subject properties; WHEREAS, the Lease Agreement provides for the lease of approximately 21 acres,more or less, for such purposes for up to forty (40) years, commencing February 1, 2014, upon certain terms and conditions; WHEREAS, the terms, conditions, and obligations of the Lessee under the Lease Agreement are more particularly described in the City Council Agenda Report dated January 21, 2014; WHEREAS, the City Manager recommends that Council accept the bid of Lessee and approve the execution and delivery of such Lease Agreement, a copy of which is attached to the City Council Agenda Report dated January 21, 2014; WHEREAS, after proper and timely notice by advertisement as required by the Code of Virginia, Council held a Public Hearing on this matter at its regular meeting on January 21, 2014, at which hearing all parties in interest and persons were given an opportunity to be heard, both for and against the proposed Lease Agreement; WHEREAS, City Council determined that the bid of Lessee to lease the properties described above, upon certain terns and conditions, was the most responsive and responsible bid received by the City, and Council desires to accept such bid; and WHEREAS, after closing the Public Hearing, Council believes the lease of the subject properties identified above will benefit the City and its citizens. 2 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council accepts the bid of Lessee and hereby makes an award for the lease of the above described City-owned properties as set forth in the Lease Agreement, subject to certain terms and conditions, and upon such other teens and conditions as the City Manager may deem appropriate and agree to. Any and all other bids made to the City for the above matter are hereby rejected. 2. The City Manager is hereby authorized to execute and deliver a Lease Agreement substantially similar to the Lease Agreement dated February 1, 2014, attached to the City Council Agenda Report dated January 21, 2014, such Lease Agreement to be approved as to form by the City Attorney. 3. The term of the least shall be up to forty (40) years, beginning February 1, 2014, upon certain teens and conditions set forth in the Lease Agreement dated February 1, 2014. 4. The City Manager is further authorized to take such further actions and to execute such further documents as may be necessary to implement, administer, and enforce such Lease Agreement and to accomplish the above matters and complete the lease of the above mentioned properties. 5. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. 6. This Ordinance is effective as of the date of its passage. ATTEST: - ^ City Clerk ICJ 3 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: January 21, 2014 Subject: Award to Roanoke Valley Youth Soccer Club, Inc., of a Lease Agreement to lease from the City an 11 .06-acre portion of Official Tax Map No. 6472302 (Parcel A) and a 10.57-acre parcel identified as Official Tax Map No. 6421001 (Parcel B) Background: The Countryside Master Plan, as amended, designates a portion of the Central planning area and all of the Portland planning area for recreation. Specifically noted is an opportunity to address a documented shortage of athletic fields in the suburban northwest quadrant of Roanoke. The plan further notes the benefit of preserving green space in the area for a defined time period. As an implementation action of the Countryside Master Plan, the City is interested in the construction, maintenance, and operation of an outdoor athletic facility and seeks an entity to lease the properties and carry out development and operation of such a facility for a term of up to 40 years. Because the term of the lease agreement is more than five years, the Code of Virginia requires that the lease agreement be advertised for bidding by the public and that a public hearing be held before authorizing execution of the lease. On December 16, 2013, City Council authorized advertising for bids and scheduling a public hearing to consider a lease of the above-referenced properties for construction, maintenance, and operation of an outdoor athletic facility. The proposed lease agreement and related bid forms were made available for public information on January 6, 2014. The deadline set for receiving bids was January 21 , 2014 at 12:00 p.m. noon. The public hearing, scheduled for January 21 , 2014 at 7:00 p.m., was advertised in the Roanoke Times on January 6, 2014, and January 13, 2014. A single written bid, being the only one received, was opened and read earlier today at the 2:00 p.m. City Council session pursuant to Section 1 5.2-2102 Code of Virginia (1950), as amended. Roanoke Valley Youth Soccer Club, Inc., submitted a bid consistent with all proposed terms of the lease agreement advertised with the bid invitation. The matter was referred to the City Manager for review, evaluation, and to finalize the terms and conditions of the lease. The final terms and conditions are subject to approval by Council. A copy of the proposed lease agreement, with exhibits (cited hereafter as "Lease Agreement"), is attached to this report. Considerations: Under the proposed Lease Agreement, Roanoke Valley Youth Soccer Club, Inc., would lease the properties for an initial term of ten years and be required to complete the construction and development of six natural turf fields (cited hereafter as "Initial Improvements") within 36 months of execution of the Lease Agreement. Lease of the land would be for a nominal rate of $100.00 per year. In lieu of market rate rental income, benefit to the City would accrue in the form of access for use by the City in connection with its recreational soccer program. The athletic fields would be made available for City use in September and October of every year the Lease Agreement is in effect in accordance with specific usage schedules contained in the Lease Agreement. Roanoke Valley Youth Soccer will invest at least $931 ,500 in the facility and could invest as much as $2,165,500 in improvements such as field lighting and a synthetic turf field. The term of the Lease Agreement could be extended beyond the initial ten years if the lessee makes certain investments in the facility. Either the addition of lighting for one field or the development of an artificial turf field would extend the term of the Lease Agreement by 15 years. If the lessee makes both improvements, the term of the Lease Agreement would be extended 30 years beyond the initial ten-year term. The bid submitted by Roanoke Valley Youth Soccer Club, Inc., was fully responsive to the invitation. Roanoke Valley Youth Soccer Club, Inc., has provided sufficient evidence that it will be able to develop, construct, operate, and maintain the outdoor athletic facility and execute the proposed Lease 2 Agreement, subject to all of its terms and conditions. Roanoke Valley Youth Soccer Club, Inc., submitted the required information: 1 . The legal name of the entity submitting the bid, including the Identification Number issued to it by the Virginia State Corporation Commission. 2. The amount of investment the bidder proposes to make for the outdoor athletic facility, including the annual rent. 3. The financial ability of the bidder to complete the outdoor athletic facility as set forth in the Lease Agreement. 4. The bidder's commitment to complete the Initial Improvements as they are described in the Lease Agreement and open the outdoor athletic facility for use on or before January 31 , 2017. After proper and timely notice as required by the Code of Virginia, Council held a public hearing on this matter at its 7:00 p.m. session on January 21 , 2014, at which public hearing all parties in interest and persons were given the opportunity to be heard, both for and against the proposed Lease Agreement. The City Manager recommends that Council find that the bid of Roanoke Valley Youth Soccer Club, Inc., on this matter is from a responsible bidder and is responsive. The City Manager further recommends that Council accept such bid and approve the execution of the proposed Lease Agreement. Recommended Action: Accept the bid and award the lease to Roanoke Valley Youth Soccer Club, Inc. Approve the terms of the lease between the City and Roanoke Valley Youth Soccer Club, Inc., as set forth in the proposed Lease Agreement attached to this report. Authorize the City Manager to execute a Lease Agreement between the City and Roanoke Valley Youth Soccer Club, Inc., substantially similar to the proposed Lease Agreement attached to this report and approved as to form by the City Attorney, and to enforce any and all terms and conditions of such Lease Agreement. 3 Authorize the City Manager to take such further actions and to execute such further documents, approved as to form by the City Attorney, as may be necessary to implement, administer, and enforce the Lease Agreement and to accomplish the above matters and complete the lease of the property described in the proposed Lease Agreement. Respectfully submitted, CHRISTOPHER P. MORRILL City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager Steven J. Talevi, Assistant City Attorney 4 5 c) \\ BID FORM FOR A LEASE AGREEMENT FOR CONSTRUCTION, DEVELOPMENT, MAINTENANCE AND OPERATION OF OUTDOOR ATHLETIC FACILITY RESPONSIBILITY OF BIDDER: It is the sole responsibility of the Bidder to assure that its bid is delivered to the place designated for receipt of bids and prior to the time set for receipt of bids. No bids received after the time designated for receipt of bids will be considered. BID DUE DATE, TIME, AND DELIVERY OF BID: All bids are due on or before Noon, 12:00 p.m., local time, Tuesday, January 21, 2014, and arc to be delivered to the address listed below. The completed Bid F onu, together with any other documents the Bidder wishes to submit, should be enclosed in a sealed envelope and addressed as follows: Council of the City of Roanoke do Office of the City Clerk, Room 456 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 2401 I Place in front lower left-hand earner of envelope and on the back of the envelope in bold letters the following title: "BID FOR EXECUTION OF LEASE AGREEMENT, TO BE OPENED AT THE CITY COUNCIL MEETING AT 2:00 P.M. ON JANUARY 21, 2014." Date: January 21, 2014 Roanoke Valley Youth Soccer Club, Inc. proposes and agrees, if its Legal Name or Bidden Bid is accepted, to enter into and be bound by a Lease Agreement, a copy of which is on file in the Office of the City Clerk fcr the City of Roanoke, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. Furthermore, the undersigned Bidder warrants that it can and will comply with the provisions of such Lease Agreement. Bid: Bidder agrees that annual payments will be made according to the Lease Agreement. In that regard, Bidder agrees to pay an annual rent of $ 100.00 (One Hundreddollars), such bid being at least $1.00 (Cnc dollar) per year. Payment is due to the City in accordance with the terms of the Lease Agreement. Bid Term: Up to Forty (40) years, commencing on February 1, 2014, and ending or terminable pursuant to the terms of the Lease Agreement. Bid: Bidder agrees, if its bid is accepted, to execute, deliver, and perform all terms and conditions of the Lease Agreement, a copy of which is on file in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. Bid: The amount of investment the Bidder proposes to make for the Outdoor Athletic Facility, including the annual rent, is described in Exhibit A attached hereto and made a part hereof. Bid: The financial ability of the Bidder to complete the Outdoor Athletic Facility as set forth in the Lease Agreement, is described in Exhibit B attached hereto and made a part hereof. Bid: The Bidder's commitment to complete the Initial Improvements as they are described in the Lease Agreement and open the Outdoor Athletic Facility for use on or before January 31, 2017, is described in Exhibit C attached hereto and made a part hereof. Bidder agrees, if its bid is accepted, to reimburse the City for the costs of any advertisements for this matter. State Bidder's complete legal name, exactly as it is recorded with the Virginia State Corporation Commission (SCC), or the corn Ilete legal name of Bidder if it is not a corporation. LEGAL NAME OF BIDDER: oanoke Valley Youth Soccer Club. Inc. _ j TITLE: President (Printed Title) Mark W. Walsh (Printed Name) STREET ADDRESS: 2800 Electric Road SW, Suite 1020 MAILING ADDRESS: Same as above _ CITY: Roanoke STATE: VA ZIP CODE: 24018 TELEPHONE: 540-34, :1820 -_ FAX: 540-345-7840 Bidder's SCC Identification Number: 0275808 EXHIBIT A TO A BID FORM FOR A LEASE AGREEMENT FOR CONSTRUCTION, DEVELOPMENT, MAINTENANCE AND OPERATION OF OUTDOOR ATHLETIC FACILITY The amount of investment the Bidder proposes to make for the Outdoor Athletic Facility, including the annual rent, is as follows: Roanoke Valley Youth Soccer Club(RVYSC) is prepared to build a soccer complex as shown on the conceptual drawing of the Highland Farm Park parcel and Ranch Road parcel showing the multi field complex for the Countryside property. RVYSC intends on using Altizer Hodges and Varney (AHV)as our engineer to complete the design of the complex based on the attached conceptual. The plan for the Highland Farm parcel will include the development of three Bermuda grass fields. In the future, once funding is secured, one of these fields will be converted over to a synthetic turf for all weather play. The fields will be full size, regulation soccer fields(dimensions 120 yards by 80 yards)with planned lighting(subject to proper City approval process)on all fields and underground irrigation of the grass fields. These fields will be located on the land zoned for recreation located near the former tennis facility. In addition to the Highland parcel, the plan will include the development of three(3)additional Bermuda grass fields on the Ranch Road parcel. These fields will also be built with irrigation along with additional parking areas. The contractor for all of this work will be competitively bid using the most cost effective and best value for the Club as criteria. Proximity to the fields and parking at nearby William Fleming High School will afford the City/the Roanoke Star to provide a first class venue to host regional soccer tournaments, league match play, recreational tournaments, college showcase events, collegiate matches, NCAA tournament events and even professional matches. RVYSC's plan budget is approximately two million dollars to build this complex. A breakdown of the proposed budget is shown below. The complex will be done in three phases: 1) initial grading of all grass fields and irrigation, 2) lighting of Highland fields and 3)conversion of one of the Highland fields into a synthetic field turf field. Countryside Soccer Complex Budget Engineering $ 66,500 Grading (bermuda sprigging & irrigation included) $ 865,000 Lighting (Highland Farms Parcel only) $ 350,000 Synthetic Turf Field $ 650,000 Equipment, & Misc. $ 184,000 Contingency $ 50,000 Total $ 2,165,500 The annual rent the Bidder agrees to pay is One Hundred Dollars ($100.00) per year Dollars per year. EXHIBIT B TO A BID FORM FOR A LEASE AGREEMENT FOR CONSTRUCTION, DEVELOPMENT, MAINTENANCE AND OPERATION OF OUTDOOR ATHLETIC FACILITY The financial ability of Bidder to complete the construction, development, maintenance and operation of the Outdoor Athletic Facility described in the Lease Agreement dated February 1, 2014, is as follows: Exhibit B RVYSC funded and constructed a five (5)field soccer complex in Roanoke County located at Vinyard II Park. The land has been leased from the county since 1994 by RVYSC, Inc. Roanoke Star planned the soccer fields, raised the funds (approximately$400,000)organized the construction of the soccer complex along with the associated parking, and equipped the field complex,which is still used and operated by Roanoke Star today. Since its development, the Club has managed the complex, scheduled all programming and performed all maintenance on the fields including mowing, seeding,fertilizing, aerating, field repair, turf blanketing, irrigating, etc. Funding required for the field development to include the lighted synthetic field is estimated to be$2,165,500 (inclusive of a$50,000 contingency budget). Funding will be derived from a combination of sources including the Club's field development funds (currently $250,000 as of December 31, 2013), and a capital campaign (approximately$1,900,000) targeting a combination of foundations (e.g., US Soccer Foundation), corporate and individual donors known to the Club. It should be noted that all Club Board members will be contributing to the capital campaign as well. The Club has over 10,000 player alumni whose families reside in the Roanoke area. Many of these family members are business owners and professionals. As we did in the development of our Vinyard complex, the Club will turn to these connections for both business and individual support. In addition, the Club has identified a variety of foundations which we believe will provide financial and in kind support given the lack of facilities in the region and the recognition of the Roanoke Star program for its legacy of developing youth players. Our board has also met with a professional fundraiser and is receiving advice from Board members such as Mike Maxey the President of Roanoke College and Greg Feldmann, who have deep experience with multi-million dollar capital campaigns. The Club anticipates that the capital campaign will take 12- 18 months to achieve sufficient financial commitments with a 3 to 5 year pay-in period anticipated. RVYSC has approximately$250,000 in cash and pledges received to date to start the capital campaign with money raised from bingo operations and one foundation donation. RVYSC's bingo operations are budgeted to contribute a total of$500,000 to the development of the soccer complex. $200,000 of this total is in hand. The Club currently generates over$150,000 per year from Bingo. EXHIBIT C TO A BID FORM FOR A LEASE AGREEMENT FOR CONSTRUCTION, DEVELOPMENT, MAINTENANCE AND OPERATION OF OUTDOOR ATHLETIC FACILITY The Bidder's commitment to complete the Initial Improvements as they are described in the Lease Agreement dated February 1, 2014, is as follows: Within two years of execution of the lease agreement with the City, Roanoke Star anticipates construction work on the complex to start. The field complex will be constructed in phases as described in Exhibit A matched against available funding from the capital campaign. Final engineering and planning will be paid directly from the Club's field funds,which would be completed during the initial startup of the capital campaign. The first field construction phase would include grading, drainage, irrigation and possibly foundations and conduit for the lighting system. The first phase would ideally start in early spring and would be completed late summer to allow the grass to grow and seat properly prior to opening for play the following year. Once this phase is completed, the complex can be used as a three field grass complex on Highland Farm and three field complex on Ranch until final campaign funds are available for the synthetic turf field, lighting(only at Highland Farms)and remaining amenities. The synthetic turf field would be installed in the off season along with the lights in order not to affect the operation of the complex. Completion of these phases will take approximately 1 to 2 months for each one depending on the weather. LEASE AGREEMENT THIS LEASE AGREEMENT ("Lease Agreement") is made and entered into the 1st day of February, 2014, by and between the CITY OF ROANOKE, VIRGINIA ("City"), and ROANOKE VALLEY YOUTH SOCCER, INC. ("Tenant"). For and in consideration of the mutual promises set forth in this Lease Agreement, the sufficiency of which is hereby acknowledged, the parties agree as follows: 1. PREMISES. (a) The real estate subject to this Lease Agreement shall consist of an approximate 11.06-acre parcel in the Central Planning Area adjacent to a facility previously used for tennis ("Parcel A"), and a 10.5719-acre parcel in the Portland Planning Area ("Parcel B"), as set forth in Exhibits A and B, attached. Such real estate shall be collectively referred to as "Premises." (b) A metes and bounds description of Parcel A and Parcel B is attached as Exhibit C. (c) City represents, warrants and agrees that: (i) City has the right, title and authority to enter into this Lease Agreement, and the City has leased the Premises to no other person or entity. (ii) To the knowledge of the City Manager, there are no actions or proceedings threatened for condemnation of all or any part of the Premises. (d) Tenant acknowledges that the Premises are being delivered to Tenant in an AS IS condition, without any warranties or representations from the City other than 1(c), above, and other than that which is described in the document attached and labeled Exhibit D as of the date of such document and that Tenant is solely responsible for having examined and investigated such Premises to be sure the Premises are suitable for the purposes Tenant intends to use the Premises for, namely the construction and use of an outdoor athletic facility which may include lights and an artificial athletic field, and vehicular access thereto. 2. TERM. (a) The initial term of this Lease Agreement shall be a term of ten (10) years from the date of this Lease Agreement and ending on January 31, 2024, ("Initial Term"), subject to the termination rights of the parties as set forth in this Lease Agreement, and subject to the following conditions: (i) Tenant shall record this Lease Agreement, with all Exhibits, with the Circuit Court Clerk for the City of Roanoke, at the expense of Tenant, within three (3) months from the date of the Lease Agreement. 1 (ii) Tenant shall commence construction of at least three (3) natural turf athletic fields on Parcel A, and at least three (3) natural turf athletic fields on Parcel B ("Initial Improvements") within twenty-four(24) months from the date of this Lease Agreement. Three (3) of the fields on Parcel A and two (2) of the fields on Parcel B ("Larger Fields") shall be useable as soccer fields and each field shall be large enough to accommodate a playing area at least 240 feet wide and at least 360 feet long. A third field on Parcel B shall be at least 170 feet wide and at least 280 feet long ("Smaller Field"). Tenant shall be solely responsible for the costs of all pre- and post-construction site grading, fencing, pre- and post-construction irrigation, and maintenance, and such other improvements and tasks as are needed for the maintenance and operation of the fields for athletic use. (iii) The terms `commence construction" and "commences construction" in this Lease Agreement shall mean obtaining all necessary permits and approvals for initiating and continuing land disturbance activities, including rough grading, and actual construction of the Initial Improvements. (iv) The Initial Improvements shall be fully and properly completed by Tenant and available for use by the City within thirty-six (36) months from the date of this Lease Agreement. If completion of construction of such fields is staggered in time, at least two (2) of the Larger Fields shall be completed before the Smaller Field is fully and properly completed, and the City shall have use of the first two (2) Larger Fields fully and properly completed. The Initial Improvements shall be constructed in accordance with all applicable codes and regulations, in a manner consistent with generally accepted and prudent land development and construction standards. (v) The layout of the Initial Improvements shall be in substantial conformity with Sheets C-1 and C-2 attached as Exhibit E. (vi) All conditions in this subparagraph (a) shall be met, satisfied, and approved by the City Manager for the City, which approval shall not be unreasonably withheld, within the time periods set forth herein. (b) This Lease Agreement may be renewed and extended for an additional term of fifteen (15) years ("First Additional Term") upon construction and completion of either of the following improvements ("First Additional Improvements") and meeting all of the conditions in subparagraph (c) of Paragraph No. 2 of this Lease Agreement: (i) Tenant shall construct and install at least one (1) artificial turf playing field on Parcel A. The size of the playing surface of at least one of the artificial turf playing fields shall be at least 240 feet wide and at least 360 feet long and shall be fully and properly completed, and the completion of such construction shall be acknowledged by the City Manager for the 2 City, which acknowledgement shall not be unreasonably withheld, before the end of the tenth (10`h) year of the Initial Term. The construction of any artificial turf field pursuant to this Lease Agreement shall not prevent or preclude the use by the City of any other artificial or natural turf field in Parcel A or Parcel B, but the City and Tenant may agree to have City use of fields on Parcel B substituted for City use of fields on Parcel A. Upon satisfaction of all conditions set forth herein, the First Additional Term shall commence on the last day of the Initial Term, and end on January 31, 2039, unless this Lease Agreement is otherwise terminated in accordance with the terms of this Lease Agreement. (ii) Tenant shall construct and install field lighting on three (3) of the Larger Fields on Parcel A. Lights shall not be installed on Parcel B. Such lighting may be for either natural turf or artificial turf fields. Plans for such lighting shall be approved by the City Manager for the City, and any required approval and authorization from the Zoning Administrator and the Roanoke City Board of Zoning Appeals shall be obtained by Tenant. Upon construction of such lights being completed, such lights shall be inspected and approved before the end of the tenth (10`h) year of the Initial Term. The construction, installation and approval of any field lighting pursuant to this Lease Agreement shall occur between November 15 and August 1 of any period this Lease Agreement is in force, and such construction, installation and approval shall not prevent or preclude the use by the City of any artificial or natural turf field in Parcel A and Parcel B. The City and Tenant may agree to have City use of fields on Parcel B substituted for City use of fields on Parcel A due to the construction, installation and approval of lights on fields on Parcel A. Upon satisfaction of all conditions set forth herein, the First Additional Term shall commence on the last day of the Initial Term, and end on January 31, 2039, unless otherwise terminated in accordance with the terms of this Lease Agreement. (c) The extension of this Lease Agreement for an additional fifteen (15) year term based upon meeting the conditions in subparagraph (b) of Paragraph No. 2 of this Lease Agreement shall also be subject to the following additional conditions: (i) Tenant has satisfied all conditions for the Initial Term. (ii) Tenant is not in default of any provisions of this Lease Agreement. (d) This Lease Agreement may be renewed and extended for a second additional term of fifteen (15) years ("Second Additional Term") upon construction and completion of the First Additional Improvements described in subparagraph (b) of Paragraph No. 2 of this Lease Agreement which have not already been constructed before the end of the First Additional Term and upon satisfaction of the following conditions: 3 (i) Tenant has met all conditions for the Initial Term and the First Additional Term. (ii) Tenant is not in default of any provisions of this Lease Agreement. (iii) Upon satisfaction of all conditions set forth herein, the Second Additional Term shall begin to run from the last day of the First Additional Term. (e) Upon Tenant's advising, in writing, the City that in Tenant's opinion, the Initial Improvements have been completed ("First Notification"), the City shall advise Tenant, in writing, whether the City accepts, without condition, the Initial Improvements, within five (5) business days of receipt of the First Notification ("First Acceptance"). (f) Upon Tenant's advising, in writing, the City that in Tenant's opinion the First Additional Improvements have been completed ("Second Notification") the City shall advise Tenant, in writing, whether the City accepts, without condition, the First Additional Improvements, within five (5) business days of receipt of the Second Notification ("Second Acceptance"). Within five (5) business days after receipt of the City's Second Acceptance, Tenant shall advise the City whether it intends to extend the Agreement for the First Additional Term (Statement of "First Intent"). The Second Notification, Second Acceptance, and Statement of First Intent must occur before the thirtieth (30`h) day after the end of the Initial Term. (g) Upon Tenant's advising, in writing, the City that in Tenant's opinion the Second Additional Improvements have been completed ("Third Notification") the City shall advise Tenant, in writing, whether the City accepts, without condition, the Second Additional Improvements, within five (5) business days after receipt of the Third Notification ("Third Acceptance"). Within five (5) business days after receipt of the City's Third Acceptance, the Tenant shall advise the City whether it intends to extend the Agreement for the Second Additional Term (Statement of "Second Intent"). The Third Notification, Third Acceptance, and Statement of Second Intent must occur before the thirtieth (30`h) day after the end of the First Additional Term. 3. USE OF LEASED PREMISES BY TENANT. Tenant shall use the Premises solely for the construction, maintenance and operation of an outdoor athletic facility, and related ancillary and accessory facilities. An "outdoor athletic facility" shall be fields and accessory structures, equipment and personalty necessary for the conduct of soccer, football, lacrosse, or field hockey. (a) Tenant has the exclusive right to provide any and all food and beverage catering at and for the Premises and shall retain all concession revenues, although at no time shall Tenant sell any cigarettes or tobacco products or alcoholic beverages, and Tenant shall comply with all state and local rules, regulations and ordinances, 4 including but not limited to Health Department regulations and vending permit regulations in connection with the operation of said concessions. (b) Tenant shall have the right to sell programs, souvenirs and novelties at the Premises, subject to applicable state, federal and local laws and regulations and shall retain all revenues arising out of such sales. (c) Tenant shall have the exclusive right to sell tickets to games, tournaments and events sponsored by Tenant and shall retain all proceeds thereof. Tenant shall be responsible for, and agrees to collect and pay, all admission taxes and any other applicable taxes or fees. (d) Tenant agrees to pay any and all applicable property taxes, leasehold taxes, or any other applicable taxes, permit fees, or charges of any type in connection with Tenant's construction, maintenance, operation, or use of the Premises for the term of this Lease Agreement, all of which are to be of the type and nature ordinarily charged, either now or in the future, by the City in connection with such activities. (e) Tenant shall have the exclusive broadcasting rights to all games and events held at the Premises. 4. RENT AND ADDITIONAL CONSIDERATION OF FIELD USE AND MATTERS RELATED TO FIELD USE. (a) During the Initial Tenn, the First Additional Term, or the Second Additional Term, and for as long as this Lease Agreement, or any amended form thereof, remains in force, Tenant shall pay to the City rent of$100.00 per year, but in no event shall such rent be less than $1.00 per year. Such rent shall be paid to the City on the first day of February during each year, or any portion of such year, this Lease Agreement is in force. Tenant may, at any time during the Initial Term, First Additional Term or Second Additional Term, prepay any rent due during such term without penalty. (b) During the Initial Tenn, the First Additional Term, or the Second Additional Term, during which this Lease Agreement is in force, the City shall be permitted to use two (2) of the natural turf fields located on either Parcel A or Parcel B on the following days, at the following times, during the months of September and October in each year of any term in which this Lease Agreement is in force, for soccer: Tuesday 6:00 p.m. to 8:00 p.m. Wednesday 6:00 p.m. to 8:00 p.m. Thursday 6:00 p.m. to 8:00 p.m. Saturday 9:00 a.m. to 1:00 p.m. (c) Prior to August 1 of any calendar year in which this Lease Agreement is in force, the Director of Parks and Recreation for the City of Roanoke shall advise Tenant, 5 in writing, of the City's needs for lining any natural turf field. Such fields shall be lined and maintained, at the expense of Tenant, in accordance with the City's needs for use. (d) Tenant shall leave soccer goals, benches and other equipment related to soccer in place for the City to use when requested, in writing, by the City to do so. City shall repair or replace any such goals, benches and other equipment damaged during time of use by the City as permitted by this Lease Agreement. The Tenant shall be responsible for all other maintenance of such goals, benches and other equipment. (e) The City shall have use of any and all bathroom facilities available to Tenant at any time this Lease Agreement is in force and the City is entitled to use the Premises. Such bathroom facilities shall be maintained at the expense of the Tenant. (f) If Tenant installs field lighting at any time on any field or fields on Parcel A, the City shall be permitted to use any lit field, up to two (2) of such lighted fields, on the following days, at the following times, during the months of September and October in each year of any term in which this Lease Agreement is in force: Tuesday 6:00 p.m. to 10:00 p.m. Wednesday 6:00 p.m. to 10:00 p.m. Thursday 6:00 p.m. to 10:00 p.m. If Tenant installs field lighting at any time on any field or fields on Parcel A, the City shall continue to be permitted to use any two (2) Large Fields on either Parcel A or Parcel B on Saturdays from 9:00 a.m. until 1:00 p.m. during the months of September and October in each year of any term in which this Lease Agreement is in force. (g) At no time shall the City be responsible for any operational costs related to field use, including utilities associated with lighting. (h) From August 1 to October 31 of any year this Lease Agreement is in force, as owner of the Premises, the City reserves the right, in its reasonable discretion, to cancel or postpone any event, program, or use of the Premises, (i) if the event, program, or use would result in excessive damage to the playing surface of the Premises; or (ii) in the event of inclement weather, when such conditions may endanger the well-being of the athletes. The City shall consult with Tenant's designated representative prior to making the decision to postpone or cancel the use of the Premises due to inclement weather. The City shall make the final determination of whether any field, or all fields, shall be unavailable for use due to inclement weather by either Tenant or the City as soon as possible, or by 5:00 p.m. on the day of intended use in the evening, whichever is earlier. Such determination shall be communicated by the Director of Parks and Recreation ("Director"), or the Director's designee, to Tenant by telephone. If field use has 6 not been cancelled by 5:00 p.m. on any day, but weather or field conditions develop such that Tenant believes that field use should be cancelled, Tenant shall first attempt to contact the Director by telephone or by electronic device to discuss the weather or field conditions. If Tenant is unable to contact the Director, Tenant shall contact the Director's designee as previously identified by the Director to discuss the weather or field conditions. If Tenant is unable to contact the Director or the Director's designee after reasonable attempts, Tenant shall have authority to cancel field use for that day of use. Such authority shall be reasonably exercised. (i) Tenant shall be responsible for cleanup of the Premises, including fields, bathrooms and parking areas, after use by Tenant or the City. (j) The City shall have use of any parking area identified in either Parcel A or Parcel B for thirty (30) minutes before and thirty (30) minutes after any use of a field on the Premises. (k) Tenant shall assume all costs arising from the use of patented, trademarked, franchised or copyrighted music, works, materials, devices, processes or dramatic rights on the Premises, except during exclusive use by only the City. Tenant shall be responsible and liable for any and all claims and costs which might arise in connection with, or as a result of, the use of any such material described herein during any use of Premises by Tenant. (1) The City shall be entitled to use the fields on Parcel A and B a total of 240 hours each calendar year this Lease Agreement is in force. If such hours are not used during the months of September or October, then the City shall be entitled to use the artificial turf field, if constructed, on the same days of the week, during April and May of the next calendar year this Lease Agreement is in effect. (i) Scheduled use which is cancelled due to weather, but not rescheduled and used by the City, shall not count toward the 240 hour total. (ii) Any portion of use which is scheduled to occur on an unlit field after sundown as defined by the United States government, or any agency thereof, shall not count toward the 240 total. (iii) The City shall advise Tenant by January 1 of each calendar year this Lease Agreement is in use of the dates on which it wishes to use the artificial turf field during the immediately succeeding April and May. (iv) The City's use of the artificial turf field shall be limited to youth recreation sports, including but not limited to soccer, lacrosse, football and field hockey. For purposes of this subsection, "youth" shall be defined as any person fourteen (14) years of age or younger. The City shall not schedule organized adult recreation sports to occur during the months of April and May on the artificial turf field. 7 5. IMPROVEMENTS. (a) The Initial Improvements, First Additional Improvements, and Second Additional Improvements, and any additional improvements constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground, or permanently installed on the Premises by Tenant, shall be referred to collectively as "Improvements". Improvements include, but are not limited to, structures such as light poles, posts, pylons, scoreboards and support structures, benches and bleachers which are attached to the ground, and storage facilities, in addition to the Initial Improvements, the First Additional Improvements and the Second Additional Improvements. (b) All Improvements shall become the property of the City and shall remain on, and be surrendered with, the Premises, as a part thereof, upon the termination of this Lease Agreement, whether at the end of the Initial Term, the First Additional Term, or the Second Additional Term, or at any time during the course of any such periods of time. (c) All Improvements shall be free of all liens, claims or encumbrances, at all times. If Tenant finances any purchase, construction, or maintenance of any of the Improvements, any resulting lien must be waived by the entity supplying such financing in favor of the City. The form of such waiver shall be approved by the City Attorney for the City, which approval shall not be unreasonably withheld. (d) All Improvements shall be maintained during the life of this Lease Agreement by Tenant at the sole expense of Tenant. Such maintenance shall include mowing, fertilization, aeration, irrigating, and laying down of lines on all natural turf fields so that such fields will be available for use by the City, and the placing of movable goals and field markers when needed for use by the City. All Improvements shall be maintained in accordance with this Lease and in a condition satisfactory to the City Manager for the City, as determined by the City Manager for the City exercising reasonable judgment. (e) The cost of any necessary utility location, relocation, extension or restoration, shall be born solely by Tenant. (0 Tenant shall comply with all local, state, and federal laws, ordinances, codes, statutes, and regulations regarding the design, approval, construction, installation, and maintenance of all Improvements constructed or installed on the Premises. (g) Prior to submitting plans for any required local, state, or federal permits or approvals for the construction, installation, or development of any Improvements, Tenant shall submit such plans for review and approval by the City Manager and receive such approval by the City Manager before such plans are forwarded to 8 any such state or local authority. Such approval shall not be in lieu of, or have any effect on, any approval required by law. (h) Tenant shall be responsible for the construction and maintenance of any roadway or parking area deemed necessary by Tenant and approved by the City Manager for the City for the use of the Premises by Tenant. The location and standards for construction of any such roadway or parking area shall be submitted for approval by the City Manager for the City, and such approval shall not be unreasonably withheld. Construction and maintenance of such roadway or parking areas shall be subject to all applicable federal, state or local laws, statutes, ordinances, or resolutions, including zoning ordinances and construction regulations. 6. UTILITIES. (a) During the Initial Term, the First Additional Term, or the Second Additional Term of this Lease Agreement, Tenant shall be solely responsible for the payment of any and all utilities used on the Premises, including, but not limited to, electricity, natural gas, water, sewer, stormwater management, cable and internet service. (b) Tenant may drill or attempt to install a well for water on the Premises, regardless of the use sought for any resulting water. Such activity, however, shall not prevent or preclude the use of the Premises by the City as set forth in Section 4(b) of this Lease Agreement. 7. INSURANCE. The Tenant shall comply with the insurance requirements set forth in this Lease Agreement, including the items set forth below: (a) Tenant shall not commence work under this Lease Agreement until Tenant has obtained and provided proof of the required insurance coverages to the City, and such proof has been approved by the City. The Tenant confirms to the City that all contractors and/or subcontractors have provided Tenant with proof of such insurance, or will do so prior to commencing any work under this Lease Agreement. (b) Tenant shall at its sole expense, obtain and maintain during the life of this Lease Agreement the insurance policies and/or coverages required by this section. The City and its officers, employees, agents, assigns, and volunteers shall be added as an additional insured to the general liability and automobile coverages of any such policies and such insurance coverages shall be primary and noncontributory to any insurance and/or self-insurance such additional insureds may have. The Tenant shall immediately notify in writing the City of any changes, modifications, and/or termination of any insurance coverages and/or policies required by this Lease Agreement. The Tenant shall provide to the City with the signed Lease Agreement an Acord certificate of insurance which states in the description of operations section one of the two paragraphs below: 9 (i) The City and its officers, employees, agents, assigns, and volunteers are additional insureds as coverage under this policy includes ISO endorsement CG 20 33 which provides that the insured status of such entities is automatic if required by a contract or a written agreement. If additional insured status is automatic under a different coverage form, Tenant must attach a copy of the coverage form to its certificate. Any required insurance policies shall be effective prior to the beginning of any work or other performance by Tenant and any contractors and/or subcontractors under this Lease Agreement. OR (ii) ISO endorsement CG 20 10 will be issued, prior to the beginning of any work or other performance by Tenant under this Lease Agreement, to the City and its officers, employees, agents, assigns, and volunteers naming them as an additional insured under the general liability coverage. A copy of the binder confirming the issuance must be attached to the certificate. Any required insurance policies shall be effective prior to the beginning of any work or other performance by Tenant and any subcontractors under this Lease Agreement. However, if B (1) or (2) cannot be provided, the City's Risk Manager, in such Manager's sole discretion, may approve such other certificate of insurance or insurance document(s) that the Risk Manager deems acceptable. (c) The minimum insurance policies and/or coverages that shall be provided by the Tenant, including its subcontractors, include the following: (i) Commercial General Liability: $1,000,000.00 $1,000,000.00 General Aggregate Limit (other than Products/Completed Operations). $1,000,000.00 Products/Completed Operations Aggregate Limit. $1,000,000.00 Personal Injury Liability (including liability for slander, libel, and defamation of character). $1,000,000.00 each occurrence limit (ii) Automobile Liability: $1,000,000.00 combined single limit with applicable endorsement to cover waste cargo. (iii) Workers' Compensation and Employer's Liability: 10 Workers' Compensation: statutory coverage for Virginia Employer's Liability: $100,000.00 Bodily Injury by Accident each occurrence $500,000.00 Bodily Injury by Disease Policy Limit. $100,000.00 Bodily Injury by Disease each employee. (iii) The required limits of insurance for this Lease Agreement may be achieved by combining underlying primary coverage with an umbrella liability coverage to apply in excess of the general and automobile liability policies, provided that such umbrella liability policy follows the form of the underlying primary coverage. (iv) Such insurance policies and/or coverages shall provide for coverage against any and all claims and demands made by a person or persons or any other entity for property damages or bodily or personal injury (including death) incurred in connection with the services, work, items, and/or other matters to be provided under this Lease Agreement with respect to the commercial general liability coverages and the automobile liability coverages. With respect to the workers' compensation coverage, Tenant's and its contractors' and/or subcontractors' insurance company shall waive rights of subrogation against the City and its officers, employees, agents, assigns, and volunteers. (v) Tenant shall provide such other insurance policies and/or coverages that may be required by other parts of this Lease Agreement. If required by the Contract, such policies and/or coverages could include, but are not limited to, Errors and Omissions/Professional Liability, Crime/ Fidelity, Environmental and/or Pollution, Builder's Risk, Umbrella/Excess. (d) Proof of Insurance Coverage: (i) Tenant shall furnish the City with the above required certificates of insurance showing the type, amount, effective dates, and date of expiration of the policies. (ii) Where waiver of subrogation is required with respect to any policy of insurance required under this Section, such waiver shall be specified on the certificate of insurance. (e) Insurance coverage shall be in a form and with an insurance company approved by the City, which approval shall not be unreasonably withheld. 11 Any insurance company providing coverage under this Lease Agreement shall be authorized to do business in the Commonwealth of Virginia. (f) The Tenant's insurance policies and/or coverages shall not contain any exclusions for the Tenant's contractors and/or subcontractors. (g) The continued maintenance of the insurance policies and coverages required by the Lease Agreement is a continuing obligation, and the lapse and/or termination of any such policies or coverages without approved replacement policies and/or coverages being obtained shall be grounds for termination of the Tenant for default. (h) Nothing contained in the insurance requirements is to be construed as limiting the liability of the Tenant, and/or its subcontractors, or their insurance carriers. The City does not in any way represent that the coverages or the limits of insurance specified are sufficient or adequate to protect the Tenant's interest or liabilities, but are merely minimums. The obligation of the Tenant, and its subcontractors, to purchase insurance shall not in any way limit the obligations of the Tenant in the event that the City or any of those named above should suffer any injury or loss in excess of the amount actually recoverable through insurance. Furthermore, there is no requirement or obligation for the City to seek any recovery against the Tenant's insurance company before seeking recovery directly from the Tenant. 8. INDEMNIFICATION. Tenant agrees to be responsible for and pay, indemnify, and hold harmless the City, its officers, agents, employees, and volunteers against any and all claims, damages, injuries, loss, costs, and expenses, including but not limited to reasonable attorneys' fees, of any type or nature resulting from any claim or legal action of any nature whatsoever, whether or not reduced to a judgment or settlement, or for any liability of any nature whatsoever, that may arise against City, its officers, agents, employees, or volunteers in connection with or by reason of the Tenant's use or occupation of the Premises, including any right- of-way adjacent to, or between Parcel A or Parcel B of the Premises, either directly or indirectly, or in connection with any of the rights and privileges granted by City to Tenant in this Lease Agreement, including, without limitation, any patent, trademark, franchise, copyright, libel or defamation claim or suit and any claim or suit based upon Tenant's agents, servants, employees or invitees acts or omissions, whether intentional, negligent or otherwise. 9. COMPLIANCE WITH ENVIRONMENTAL PROTECTION LAWS. (a) Tenant represents, warrants, and agrees that: ( i ) Tenant shall permit no installation or placement of Hazardous Material in the Premises in violation of Environmental Laws; (ii) Tenant shall permit no release of Hazardous Material onto or from the 12 Premises; (iii) Tenant shall cause their use of the Premises to comply with Environmental Laws and be free and clear of any liens imposed pursuant to Environmental Laws; (iv) All licenses, permits and other governmental or regulatory actions necessary for Tenant's use of the Premises to comply with Environmental Laws (Permits) shall be obtained and maintained by Tenant and Tenant shall assure compliance therewith; and (v) Tenant shall give City prompt written notice if Tenant receives any notice with regard to Hazardous Material on, from or affecting the Licensed Area and shall conduct and complete all investigations and all cleanup actions necessary to remove, in accordance with Environmental Laws, such Hazardous Material which Tenant owned, controlled, and/or had responsibility for from the Premises. (b) City shall have the right upon reasonable notice at any time during any term of this Lease Agreement, whether before or after default, and at no cost to Tenant to conduct or cause to be conducted an environmental inspection or audit of the Premises by itself or by a qualified environmental consultant or engineer selected by the City and provided such inspection or audit shall not unreasonably interfere with Tenant's use of the Premises; and Tenant hereby grants to City and its employees, agents, and independent contractors (City and its Representatives), the right to enter the Premises upon reasonable notice for the purpose of conducting, whether before or after default and at no cost to Tenant, any inspection, audit or tests, making soil borings, extracting samples, installing monitoring wells, and conducting such other procedures as City and/or its Representatives deem necessary or desirable in connection with such inspection or audit and provided such inspection or audit shall not unreasonably interfere with Tenant's use of the Premises. At any time during the term of this Lease Agreement, provided City has a reasonable basis for doing so, City may require Tenant to cause to be performed, at the mutual expense of both parties, for the benefit of Tenant and City,an inspection or audit of the Premises by an environmental consultant or engineer approved by the City, and provided such inspection or audit shall not unreasonably interfere with Tenant's use of the Premises, and Tenant shall furnish to City, at no cost to City, the written inspection or audit report certifying as to the presence or absence of Hazardous Material on, at, or under the Licensed Area. All inspection reports may be submitted to governmental entities or agencies as requested or as may be required by law or regulations. (c) Tenant shall indemnify and hold harmless City, its offices, employees, and agents from and against all losses, expenses (including, without limitation, attorneys' fees) and claims of every kind suffered by or asserted against the City as a direct or indirect result of (i) the presence on or release from the Premises 13 of any Hazardous Material, caused by Tenant, (ii) the violation of Environmental Laws applicable to the Premises caused by Tenant, (iii) the requirement to conduct any remediation of Hazardous Materials from the Premises caused by Tenant, (iv) the failure by Tenant to comply fully with the terms and provisions of this Lease Agreement, or (v) any warranty or representation made by Tenant in this Lease Agreement being false or untrue in any material respect. The indemnity and hold harmless obligation of Tenant to City under this paragraph includes losses, expenses, (including, without limitation, attorneys' fees) and claims caused by the action or inaction of the Tenant, its agents, employees, invitees and others permitted by Tenant on the Premises or near the Premises. (d) "Hazardous Material" means polychlorinated biphenyls, petroleum, flammable explosives, radioactive materials, asbestos and any hazardous, toxic or dangerous waste, substance or material defined as such in (or for purposes of) Environmental Laws or listed as such by the Environmental Protection Agency. "Environmental Laws" means any current or future federal, state or local law, regulation or ruling applicable to environmental conditions on, under or about the Premises including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the Toxic Substances Control Act, the Clean Water Act and the Chesapeake Bay Preservation Act. Operator's obligations under this section 19 shall survive the expiration or termination of this Lease Agreement. 10. COMPLIANCE WITH LAW BY TENANT. In the construction, maintenance, and use of the Premises, Tenant shall fully comply with all local, state, and federal ordinances, laws, and regulations, and shall be responsible for ensuring that all activities, uses, and structures placed or located on the Premises comply with Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended. 11. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this Lease Agreement, Tenant agrees as follows: (a) Tenant will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Premises. Tenant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. (b) Tenant, in all solicitations or advertisements for employees placed by or on behalf of Tenant, will state that Tenant is an equal opportunity employer. 14 (c) Notices, advertisements and solicitations placed in accordance with federal laws, rules or regulations shall be deemed sufficient for the purpose of meeting the requirements of this section. (d) Tenant will include the provisions of the foregoing subsections in every contract or purchase order of over ten thousand dollars and no cents ($10,000.00) so that the provisions will be binding upon each Tenant or vendor. 12. DRUG-FREE WORKPLACE. During the time this Lease Agreement is in force, Tenant shall: (i) Provide a drug-free workplace for Tenant's employees; (ii) Post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in Tenant's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) State in all solicitations or advertisements for employees placed by or on behalf of Tenant that Tenant maintains a drug-free workplace; and (iv) Include the provisions of the foregoing clauses in every subcontract or purchase order of over ten thousand dollars and no cents ($10,000.00) so that the provisions will be binding upon each subcontractor or vendor. For the purpose of this section, "drug-free workplace" means a site for the performance of work done in connection with this Lease Agreement. 13. FAITH-BASED ORGANIZATIONS. Pursuant to 2.2-4343.1 of the Code of Virginia (1950), as amended, the City does not discriminate against faith-based organizations. 14. NEGOTIATION. This Lease Agreement has been fully negotiated by and between the parties and shall be construed as if both parties had an equal responsibility in the drafting hereof. 15. GOVERNING LAW. This Lease Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. 15 16. NO THIRD PARTY BENEFICIARY. The provisions of this Lease Agreement are for the exclusive benefit of the parties hereto and not for the benefit of any third person, nor shall this Lease Agreement be deemed to have conferred any rights, express or implied, upon any third person unless otherwise expressly provided for herein. 17. FORUM SELECTION AND CHOICE OF LAW. By virtue of entering into this Lease Agreement, Tenant submits itself to a court of competent jurisdiction in the City of Roanoke, Virginia, and further agrees that this Lease Agreement is controlled by the laws of the Commonwealth of Virginia and that all claims, disputes, and other matters shall only be decided by such court according to the laws of the Commonwealth of Virginia. 18. FORCE MAJEURE/IMPOSSIBILITY. (a) Notwithstanding the foregoing, if, by reason of Force Majeure, the Tenant or City is unable to perform or observe any agreement, term or condition of this Lease Agreement which would give rise to a default by the Tenant or City of any obligation under this Lease Agreement, the Tenant or City shall not be deemed in default during the continuance of such inability or due to such inability, for up to sixty (60) calendar days from the date of the beginning of the event which constitutes a Force Majeure. (b) The term "Force Majeure" shall mean: acts of God; strikes; lockouts or other industrial disturbances; acts of public enemies; orders or restraints of any kind of the government of the United States of America or the Commonwealth or any of their departments, agencies, political subdivisions or officials, or any civil or military authority; insurrections; civil disturbances; riots; epidemics; landslides; lightning; earthquakes; environmental problems; fires; hurricanes; tornados; storms; droughts; floods; restraint of government and people; explosions; breakage, malfunction or accident to facilities, machinery, transmission pipes or canals; shortages of labor, materials, supplies or transportation; any property on which work is to be done being too wet to allow work to be done on it; or any cause or event not reasonably within the control of the City. 19. TIME IS OF THE ESSENCE. Time is of the essence in the performance of the parties' respective obligations in this Lease Agreement. 20. CAPTIONS AND HEADINGS. The section captions and headings are for convenience and reference purposes and shall not affect in any way the meaning or interpretation of this Lease Agreement. 16 21. COPYRIGHTS. Tenant warrants that all copyrighted materials performed by Tenant or used by Tenant under this Lease Agreement, or performed or used by any person appearing or performing in an event or activity which is the subject of this Lease Agreement or held on the Premises, have been duly licensed or authorized by the copyright owners or their representatives, and the Tenant agrees to be responsible for all license and royalty fees incurred by reason of the performance, and to defend, indemnify and hold the City, its officers, employees, agents and representatives, harmless from any and all claims, losses, or expenses incurred with regard thereto. 22. SEVERABILITY OF LEASE AGREEMENT. If any term of this Lease Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease Agreement, which shall continue in full force and effect. 23. AUTHORITY OF REPRESENTATIVES. The persons who have executed this Lease Agreement represent and warrant that they are duly authorized to execute this Lease Agreement in their respective capacities as indicated. 24. EMPLOYMENT OF UNAUTHORIZED ALIENS. Tenant shall not during the time this Lease Agreement is in force knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986. 25. TAXES. Tenant shall pay all leasehold taxes and assessments imposed upon, or assessed against, the Premises, any improvements constructed or installed by Tenant at any time, and Tenant's stock, merchandise, furniture, equipment, supplies or other personal property on the Premises. 26. DEFAULT BY TENANT, TERMINATION OF LEASE AGREEMENT, REMEDIES. (a) Each of the following events shall constitute a default by the Tenant at any time this Lease Agreement is in force: (i) Failure to commence construction of the Initial Improvements within twenty-four(24) months of the date of this Lease Agreement; (ii) Failure to complete construction of the Initial Improvements within thirty- six (36) months of the date of this Lease Agreement; (iii) Failure to pay timely the annual rent; (iv) Failure to provide access to the City to fields, or any portion of the Premises needed for use by the City; 17 (v) Failure to maintain fields to the extent that they are either unsafe or not in useable or playable condition for use by the City; (vi) Failure to comply with any provision of the Property Maintenance Code, Zoning Ordinance or any other local ordinance, regulation or code provision; (vii) Failure to occupy or use the Premises for soccer, for ninety (90) consecutive calendar days, such calendar days to be considered during the months of March through November; (viii) Dissolution of Tenant or filing for bankruptcy by Tenant; (ix) Transfer of any interest in the Tenant without the prior written consent of the City Manager for the City, such writing making specific reference to this Lease Agreement; (x) Any assignment or transfer, in whole or in part, of the leasehold interest without the prior written consent of the City Manager for the City, such writing making specific reference to this Lease Agreement; (xi) The creation of any lien or encumbrance on the Premises or any of the Improvements without the prior written consent of the City Manager for the City, such writing making specific reference to this Lease Agreement; or (xii) Failure to comply with any provision of this Lease Agreement. (b) Tenant shall have sixty (60) calendar days from receipt of a written Notice of Default from the City Manager for the City within which to cure any default under this Lease Agreement. If the City Manager for the City should determine, in the reasonable judgment of the City Manager for the City, that Tenant has failed to cure the default(s) specified in the Notice of Default within sixty (60) calendar days from Tenant's receipt of the Notice of Default, the City Manager for the City may issue a Notice of Termination to Tenant, advising Tenant that the Lease Agreement is terminated and that Tenant shall have no more than thirty (30) calendar days ("Removal Period") within which to remove all personalty belonging to Tenant. This Lease Agreement shall automatically terminate upon issuance of the Notice of Termination, and Tenant shall have no further rights under this Lease Agreement other than the right to remove its personalty during the Removal Period. Upon termination of Removable Period, the City may dispose of any remaining personalty at the expense of Tenant. (c) Tenant shall surrender Premises to the City upon termination of this Lease Agreement, in good order, condition or state of repair, less reasonable wear and tear. 18 27. ACCESS TO PREMISES. The City shall have access to the Premises at all times for the purpose of inspection to determine Tenant's performance of any Lease Agreement provision. 28. CONDEMNATION. (a) In the event that the Premises, or any portion thereof, shall be taken by condemnation through the exercise of the power of eminent domain by any federal, state or local governmental entity or public service company ("Condemnation") during the Initial Term, the First Additional Term, or the Second Additional Term of this Lease Agreement, the City and Tenant shall cooperate to ensure that the award for the condemnation is allocated and segregated into the following categories: (I) Real Estate based on the tax assessed value at the time of Condemnation; (2) Improvements made to the Real Estate by Tenant; and (3) In the event that Condemnation takes all of the Premises, or a substantial portion of the Premises (as defined below), the remaining term of this Lease Agreement. (4) In the event that the City or Tenant are unable to agree on the allocation and segregation of an award into the categories, they shall mutually agree upon a qualified individual to determine a fair and reasonable allocation and segregation of the award. Such allocation and segregation shall be determined by such qualified individual without regard to the distribution of an award pursuant to the terms of this Lease Agreement. If the parties do not agree upon a qualified individual to determine a fair and reasonable allocation and segregation of an award, then each party shall select one arbitrator and the two individuals so selected shall attempt to agree upon a fair and reasonable allocation and segregation of an award. In the event such arbitrators are unable to agree on such an allocation, they shall select a third arbitrator and the decision of a majority of the three arbitrators shall conclusively establish the fair and reasonable allocation of the award. The arbitrators' fees and expenses for the conduct of the arbitration shall be shared equally by the City and Tenant. The parties agree that the Uniform Arbitration Act, Virginia Code §8.01-581.01, et. seq. shall govern any issue relating to conduct of the arbitration which is not addressed in this Lease Agreement. (b) The City will be entitled to all of the award allocated to the Real Estate. (c) Tenant will be entitled to a portion of the award allocated to the Improvements taken equal to (i) the portion of the award allocated to the Improvements taken, multiplied by a fraction, the numerator of which is equal to the number of years remaining on the term of this Lease Agreement, including the years for either the 19 First Additional Term or the Second Additional Term, provided the conditions set forth in Section 2 hereof have been satisfied to extend the term of this Lease Agreement as of the date of the Condemnation, and the denominator of which is ten (10), increased by the number of years of either the First Additional Term or the Second Additional Term, or both, for which all of the applicable conditions have been met. The balance of the award for Condemnation of the Improvements shall be paid to the City. (d) The following examples illustrate the implementation of this Section. (i) Assume the award for the Improvements taken is $2,000,000. Assume further that the condemnation occurs during the third (3`a) year of this Lease Agreement after Tenant has satisfied all conditions for the Initial Term, and that Tenant has not satisfied all of the conditions for the First Additional Term. Under such facts, the award would be distributed as follows: (a) To Tenant: Award X Years remaining on Initial Term 10 $2,000,000 X 7/10 = $1,400,000 (b) To the City: $600,000 (ii) Assume the award for the Improvements taken is $2,000,000. Assume further that the condemnation occurs during the seven (7th) year of this Lease Agreement, and that Tenant has satisfied the conditions for the First Additional Term. The distribution of the award would be as follows: (a) To Tenant: $2,000,000 X 18/25 = $1,440,000 (b) To the City: $560,000 (iii) Assume that the award occurs in the last day of the 20th year of the Lease Agreement, that the amount of the award is $2,000,000, and that as of the date of the award, Tenant has not satisfied the conditions to allow for the Second Additional Term. The distribution of theaward would be as follows: (a) To Tenant: $2,000,000 X 5/25 = $400,000 20 (b) To the City: $1,600,000 (iv) Assume that the award occurs in the last day of the 201h year of the Lease Agreement, but that Tenant has satisfied the conditions to extend the Lease Agreement for the Second Additional Term. The amount of the award is distributed as follows: (a) To Tenant: $2,000,000 X 20/40 =$1,000,000 (b) To the City: $1,000,000 (e) Tenant shall be entitled to all of the award allocated for the value of Tenant's interest in the Lease Agreement in the event that (a) the entire Premises is taken, or (b) such portion of the Premises is taken that no more than two (2) playable and useable fields remain after the taking (a"Substantial Portion"). (f) In the event that the entire Premises are taken or a Substantial Portion of the Premises is taken, the Lease Agreement shall terminate and neither the City nor Tenant shall have any further obligations hereunder except for such obligations which arose prior to such termination. (g) If a party to this Lease Agreement receives official notice from a governmental entity with the powers of eminent domain of a proposed condemnation of the Premises, or any interest therein, such party shall inform the other party of such fact, and when known, the portion or portions of the Premises to be so condemned, and the date upon which such party will be required to surrender possession of the Premises to the governmental entity which was has exercised its power of eminent domain. (h) If a portion of the Premises shall be taken by condemnation through the exercise of the power of eminent domain ("Condemnation") during any term of this Lease Agreement, then Tenant shall, to the extent of the Condemnation award received by Tenant as allowed herein, restore the Premises to the extent the Premises can be restored to a condition substantially similar to that which existed immediately prior to the Condemnation and which restoration permits the continued use and operation of the Premises. Such restoration shall be performed in accordance with applicable law and shall be completed with diligence but in no event later than the date which is twenty-four (24) months after the date on which title passes to the governmental entity which exercised its power of eminent domain; provided, however, that such period shall be subject to extension by reason of an event set forth in Paragraph No. 19 of this Lease Agreement, such extension to be for the period of such delay. 21 (I) In the event that the Premises cannot be restored, Tenant may elect either (i) to continue to operate under the Lease Agreement with respect to the remaining portions of the Premises, or (ii) terminate this Lease Agreement. In the event that Tenant elects to continue operations under this Lease Agreement, Tenant and the City shall negotiate such amendments to this Lease Agreement to accommodate the changes to the Premises as a result of the condemnation. In the event that Tenant and the City cannot reach a mutual agreement within sixty (60) days thereafter, this Lease Agreement shall automatically terminate, Tenant shall remove its personalty from the Premises within thirty (30) days, and neither party shall have any further rights under this Lease Agreement. In the event that Tenant elects to terminate this Lease Agreement, Tenant shall remove its personalty from the Premises within thirty (30) days after such election and return the Premises to the City. (j) If all of the Premises shall be taken by Condemnation, or such portion is taken which does not permit restoration and continued use of the Premises, then Tenant shall have no obligation to restore the Premises, Tenant shall be entitled to that portion of proceeds of the award for Condemnation of the Premises as established in Paragraph No. 31, and this Lease Agreement shall terminate. (k) In the event that a condemnation occurs during a lease year of either the Initial Term, the First Additional Term, or the Second Additional Term, the numerator will include the number of full years remaining in the term in which the condemnation occurs, plus the portion of the remaining year in which the condemnation occurs, plus any additional term or terms in which Tenant has met all conditions for such additional term or terms. The following examples illustrate the implementation of this Section: (i) Assume that the award for Improvements is $2,000,000 and that the award occurs on the 90`h day of the eighth year of the Initial Term, but Tenant has satisfied the conditions to extend the Lease Agreement for the First Additional Term. The amount of the award is computed as follows: (a) To Tenant: $2,000,000 X 7 + (275/365) +15 10+15 (b) To the City: $2,000,000 X 7 + (90/365) +15 10+15 (ii) Assume that for the same award, the award occurs on the 90th day of year 20 in the First Additional Term, and Tenant has not satisfied all conditions for the Second Additional Term. The amount of the award is computed as follows: 22 (a) To Tenant: $2,000,000 X 7 + (275/365) 10+15 (b) To the City: $2,000,000 X 7 + (90/365) 10+15 29. ASSIGNMENT, SUBORDINATION, MORTGAGE OR SUBLET. Tenant shall not assign, mortgage, subordinate, encumber or sublet the Premises, or any part thereof, or this Lease Agreement, or transfer any interest in Tenant, whether Tenant is a limited liability corporation, stock corporation, or partnership, without the prior written consent of the City Manager for the City, such writing making specific reference to this Lease Agreement. 30. ADVERTISING COSTS. Tenant shall be responsible for all costs of legal advertisement required under the laws of the Commonwealth of Virginia, including all advertising of this Lease Agreement for bid or proposal under Section 15.2-2100 et seq. of the Code of Virginia (1950), as amended. Payment of such costs shall be forwarded to the City Manager for the City of Roanoke, within thirty(30) days of receipt of an invoice for such costs from the City. 31. BROKERAGE COMMISSION. Tenant and the City represent and warrant to each other that there are no commissions due in connection with this transaction or the Premises, and that neither party has employed nor is obligated to any real estate agent or broker in connection with this transaction or the Premises. 32. NAMING RIGHTS. (a) Tenant may name Premises, or any portion or portions of the Premises: (1) After a geographic area where the facility is located; (2) After an individual or family; (3) To reflect the historical significance of the facility; (4) To reflect the function of the facility; (5) After a noteworthy public figure; 23 (6) After a person of historical or cultural significance (at the local, state, or national level); (7) Special benefactors; and (8) A person or family particularly identified with the facility. (b) Any name proposed by Tenant must be approved by the City Manager for the City before such name may be erected or visible on the Premises. Such approval shall not be unreasonably withheld. 33. SIGNAGE. Tenant may install signage in accordance with the terms of Chapter 36.2, Zoning, of the Code of the City of Roanoke(1979), as amended. 34. NOTICE. Any notice, request, or demand given or required to be given under this Lease Agreement shall, except as otherwise expressly provided herein, be in writing and shall be deemed duly given only if delivered personally or sent by certified mail, return receipt requested to the addresses stated below or such other address as the City or Tenant may designate by ten (10) calendar days advance written notice to the other. To the City: City Manager Room 364, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 To Tenant: Notice shall be deemed to have been given, if delivered personally, upon delivery, and if mailed, upon the third business day after the mailing thereof. 35. COUNTERPARTS. This Lease Agreement may be executed in counterparts, each of which shall be an original, but all of which together shall constitute one instrument. 24 36. ENTIRE LEASE AGREEMENT AND AMENDMENT OF LEASE AGREEMENT. This Lease Agreement, together with Exhibits A, B, C, D and E, constitute the entire agreement between the parties and supersedes any prior understanding or written or oral agreements between the parties respecting within subject matter. No changes or modifications of any of the covenants, terms, or conditions hereof shall be valid unless in writing and signed by authorized officers of the parties hereto, such writing to make specific reference to this Lease Agreement. SIGNATURE PAGE TO FOLLOW. 25 IN WITNESS WHEREOF, the parties hereto have executed the same as of the day and year first hereinabove written: ATTEST: CITY OF ROANOKE, VIRGINIA By Stephanie M. Moon, City Clerk Christopher P. Morrill, City Manager ATTEST: ROANOKE VALLEY YOUTH SOCCER, INC. By By Printed Name and Title Printed Name and Title Approved as to Form: Approved as to Execution: Assistant City Attorney Assistant City Attorney Appropriation and Funds Required for this Lease Agreement Certified: Director of Finance Account #: Date: COMMONWEALTH OF VIRGINIA § § To-wit: CITY OF ROANOKE § The foregoing Lease Agreement was acknowledged before me this day of , 2013, by Christopher P. Morrill, City Manager, for and on behalf of the City. My Commission expires: Notary Public 26 COMMONWEALTH OF VIRGINIA § § To-wit: CITY OF ROANOKE § The foregoing Lease Agreement was acknowledged before me this day of , 2013, by , for and on behalf of Roanoke Valley Youth Soccer, Inc. My Commission expires: Notary Public 27 4 I- Ei3 R x LLI ,_ 5 ■ \\ aoe.,..„..r.; . ; I — I 1 ' I I Z ,_;;,,, I ' ..1.,E IWti Ks -2 innii.inErnaa 3...1 .:41 It ____ .00 wee,En \ \ \ )K F.MIPEaMillailliall 'TS M rile ,,, ) q '---577-131; „c..;.-::(--\\\ niltrAlnlinilittaillinn• rir.SIZE 131337111miRrilitiirIMMILIIIIIIICEEN ,,.. ." .., " • 1 ! , j, _ \--, — '-i'?' 1‘ \ lEllinn• EaMi?Iiir:. rirrin .• i d \\ \ H 1.01 $220 riamr• -.V a ,1: 1 I .,,,,,,„ i I \ 1_,_ ----\ ''\ 4 1 i \\ ,,/ rsti , \\ ,,, i ( / I l• , I 7/,//7/•I_'-c_, ', I• LI\\ -- , .c•-‘, ---‘,I' \\•\I•\I , '• 5 , i __ Th \ \ /V / / ),, / I) ,/ )) ,' V 59 / / / / ____F \\ 71 /\ ' .1 • PARCEL "A' I, l - 7- \ y,/ ) -" , ," \ ., . \ , ,.. •, 11.06 ACRES I.2. •46°:\ ' s. \ ,,,---CK, N\ `''''4<'• , \ / ‘ , . ' . ..... . Focrlity .K>). .... • . .." \ \ ' . , \ \ \ \ ' , \ I I I I 7 . . ? \ \ \ Aft II I I 11 / nil / \ \ \ 7 ‘ • ' / / _ \II \ , ', • ' ' --' / \ , . 1, , C)\\ /7 )N 22-/ INN, \ CZ /\ X 7(t) \ \; ‘ -T I,,rC- a t. _ , nErr we T , ---1-■ \ C3 ! :-, to I- to I x N , , ---- .. ->--- " 1 •." Q \\ . _., <,..- „,,„* - '1,,C1 %,,,,,> ,4,0, .{.--- ';..Q- s,,-+ ,,,.>„ 76c, 0.- i. 4,,, io...,,, >. 4- \ \---- \ „..// . ` . g t 2 4 . / \ \2- .-' \ : / . i , / \ PARCEL 11. A , 10.45 ACRES \ \ A I, I ,. \ \ AO , ■ / ' > I c \ . ' I• , ,//• i c \ \ , , c I \\ ., 6 tit,n ' / • p ,,,■,, , N , ....2"/ - 7 , > .,:t,,, , \• 1 / , , /OP <4> , A- //' 0 , / / , . 0 / / /, / 7 / , /r 7 /\ / EU211 DEL, En•MCEE=2 >arm. . / //.47t/ /./ IIHENIMIIIESILMAPIMEM .. . / 76 . rein , Parcel A Beginning at a point located on the westerly right of way line of Highland Farm Road, near the intersection of Tuckawanna Circle, thence following the westerly right of way line of Highland Farms Road S 06° 30'00" W, 164.17 'to a point,thence curving to the right 127.53' along the arc of a circle having a radius of 200.00' to a point,thence S 43° 02' 00"W 178.85'to a point,thence curving to the left 222.97' along the arc of a circle having a radius of 150.00' to a point, thence S 42° 08'00"E, 134.02 'to a point, thence curving to the right 391.87' along the arc of a circle having a radius of 175.00'to a point, thence S 86° 10' 00"W, 80.27'to a point, thence curving to the left 91.09' along the arc of a circle having a radius of 550.00' to a point, thence departing Highland Farms Road N 38°01' 38" W, 335.94'to a point, thence N 51° 58'26"E, 35.00 to a point, thence N 38°01' 38"W, 365.27' to a point,thence N 51° 58' 22"E, 368.33'to a point, thence N 38°01' 38"W. 20.00' to a point, thence N 51° 58'22"E, 545.16' to point on the southeasterly right of way line of Tuckawanna Circle,then with Tuckawanna Circle S 49° 50' 00" E, 126.98'to a point, thence curving to the left 29.50' along the arc of a circle having a radius of 30.00'to the point of beginning, containing 11.06 acres of land more or less. Parcel B Beginning at a point at the southwestern corner of the intersection of Ranch Road and Lewiston Street, thence with the northerly right of way line of Ranch Road, S 34° 12'33" W, 254.21' to a point,thence S 40° 03' 15"W,476.40' to a point, thence curving to the right 164.58' along the arc of a circle having a radius of 700.00' to a point, thence departing Ranch Road N 36°03'00"W, 134.84' to a point, thence N60° 10'46"W, 148.18' to a point, thence N 21°00' 52"W, 542.64' to a point on the southerly side of Portland Avenue,thence N 57° 12' 27" E, 22.00' to a point, thence N 64° 33' 27"E, 150.70'to a point, thence leaving Portland Avenue, 5 25° 26' 33" E, 150.00' to a point, thence N 64° 33'27"E, 207.39'to a point,thence S 28° 17'06"E, 48.05' to a point, thence N 61°42' 54"E 50.13' to a point, thence curving to the right 46.81' along the arc of a circle having a radius of 30.00' to a point, thence N 61° 06'54"E, 392.72 feet to a point on the southerly side of Lewiston Street, thence S 28° 53'06"E, 117.61' to a point, thence curving to the left 90.90' along the arc of a circle having a radius of 349.55' to a point, thence S 43°47' 06"E, 41.90' to a point, thence curving to the right 40.84' along the arc of a circle having a radius of 30.00'to the point of beginning, containing 10.45 acres of land more or less. EXHIBIT C DUE TO ITS LARGE SIZE EXHIBIT D WAS NOT SCANNED, BUT IS ON FILE IN THE CITY CLERK'S OFFICE FOR REVIEW. The Roanoke Times Roanoke, Virginia Affidavit of Publication , - ' . c }. ; The Roanoke Times + (zero)Ben Street and being R. BRIAN TOWNSEND, ASSISTANT CIT Official Tax Map No.6421001('Outdoor Athletic ROOM 364 ADVERTISEMENT FOR Facility"). The location of 215 CHURCH AVENUE, S.W. , INVITATION FOR BIDS proposed Outdoor Athletic ROANOKE VA 24011 AND NOTICE OF properties Istdepicted in detail In exhibits or • PUBLIC HEARING attachments to a proposed Lease Agreement("Lease Agreement")dated February Before the Cemdl of the 1,2014,on file In the City REFERENCE: 88082141 City of Roanoke Fa Cledds Office.. 13520122 ADVERTISEMENTFORINVI Anrovideraufficable Execution to provide such bider A evidence that such bidder will be able to develop, State of Virginia construct,operate, and t maintain the Outdoor City of Roanoke Pursuant to the r Athletic Facility and execute requirements of Sections f the proposed Lease 15.2-2100,et seq.,Code of Agreement,subject to all of Virginia (1950), as i Itsterms and conditions. I, (the undersigned) an authorized representative amended, the City of if the City elects to Roanoke,Virginia(City) award and execute the of the Times-World Corporation, which corporation hereby gives notice that the Lease Agreement, City City is Inviting bids from Council will be requested to is publisher of the Roanoke Times, a daily qualified bidders for the adopt an ordinance to that lease of certain City-owned ' effect. The full text of the newspaper published in Roanoke, in the State of property within the City, • proposed ordinance, subject to certain terms and authorizing execution of the Virginia, do certify that the annexed notice was conditions set forth In a Lease Agreement,Is on file published in said on the following proposed Lease Agreement. and may be reviewed in the P newspapers ers P P g The proposed Lease Office of the City Clerk, dates: Agreement is to be Room 456,Noel C.Taylor executed by the successful Municipal Building,215 bidder for the development, Church Avenue, S.W.. construction,operation,and Roanoke,Virginia 24011. maintenance of up to six(6) The City Clerk will also have soccer fields on an copies of the necessary bid approximately 11.06 acre form available. The parcel bounded,in part,by proposed ordinance, Highland Farm Road,such proposed Lease Agreement, parcel being located at and bid form will be City/County of Roanoke, Commonwealth/State of 2100 Countryside Road and available at the City Clerk's Tax a portion of Official nd Office on and after Monday, Virginia. Sworn and subscribed before me this Tax Map portion 6472302,and January 6,2014. '�]�s. da of Jan.2014 . Witness my hand and an approximately 10.5719 Any interested entity is ?1s 1 y y acre parcel located at the Invited to submit a written official seal . Intersection of and bid,includinga completed bounded,in part,by Ranch bid form,for the proposed i Road and Lewiston Str b Lease Agreement as and bounded, in part,by described as above. Each Ea as Notary Public i Portland Avenue, such bidder shall submit the I parcel being located at 0 following information: 1.The legal name of the entity submitting the bid, A.-` ' -•' 'including the Identification vv i \ Number Issued to it by the.__\\`1 ••`'�yiy� Virginia State Corporation. ` li.i ••. __AR" .}}� C. Co 2.T nh eOeamount of lJC)l investment the bidder ▪ Q7 : RUP LIG proposes to make for the' PUBLISHED ON: 01/06 01/13 = - ��093C _ Outdoor Athletic Facility, REG. TM �" Including the annual rent. * ICgI'6 - - 3.The bidder financial ability of MY���\flNi = the bidder to complete the \�IFv` Outdoor Athletic Facility as ▪ 00 - ��C— set forth in the Lease f �" �'\� Agreement. TOTAL COST: 1, 676 . 16 FILED ON: 01/13/14 + Authorized ' Signature: pit , Billing Services Representative 4.The bidder's commitment to complete the Initial Improvements as they are described in the Lease Agreement and open the Outdoor Athletic Facility for use on or before January 31,2017. 5,The bidder's agreement to execute. deliver, and perform the Lease Agreement. 6.0ther information as the bidder deems appropriate. Items 2,3 and 4 may be (submitted as short narrative i statements. Bids are to be !submitted in a sealed envelope or container to the City Clerk at the address noted above on or before Noon, 12:00 p.m., local time,Tuesday,January 21, 2014. The outside of the bid envelope should be marked as follows: "BID FOR EXECUTION OF LEASE AGREEMENT, TO BE OPENED AT THE CITY COUNCIL MEETING AT 2:00 P.M. ON JANUARY 21, 2014." The bid should be I Thursday before the date o addressed to the City the hearing listed above. Council of Roanoke, c/o Office of the City Clerk, GIVEN under my 456,Noel C.Taylor 31st day Y hand thl! Municipal Building, 215 2013. y of December Church Avenue, S.W., Roanoke,Virginia 24011. Stephanie M.Moon,CH' All bids received will be Clerk. held by the City Clerk, unopened,until 2:00 p.m., (13 122) local time, on Tuesday, January 21,2014,at which -- — time they will be delivered to the Council Chamber, Room 450,Noel C.Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke,Virginia 24011, and thereafter be publicly opened and read aloud In accordance with Section 15,2-2102,Code of Virginia (1950),as amended. The City reserves the right to cancel this Invitation for Bids and/or to reject any and all bids.to waive any informality or irregularity in the bids received,and to accept the bid which is deemed to be in the best interest of the City. The entity to whom the Lease may be granted and awarded shall reimburse the City for the costs of any advertisements for this matter. Pursuant to the requirements of Sections 15.2-2100, et seq., and Sections 15.2-1800(B), 15.2-1813.and 15.2-2204, Code of Virginia(1950),as amended,notice is hereby !given that the Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Tuesday.January 21:2014, at 7:00 p.m..local time,or as soon thereafter as Council is available.in the Council Chamber, Room 450, Noel C. Taylor' Municipal Building.215 Church Avenue. S.W., Roanoke,Virginia 24011. For further information on this matter, you may contact the Office of the City Clerk at (540) 853-2541. A copy of the proposed Lease Agreement will be available at the City Clerk's Office on and after. Monday.January 6,2014.' For further information on this matter, you may] contact City CleerOfaaito(5f40)rk 853-2541, All psaties and interested persq n5 may appear on the above'date and time and be heard on the matter. If you are a person who, needs accommodations for this hearing,please contact the City Clerk's Office at (540) 853-2541 before 12:00 Noon on the ADVERTISEMENT FOR INVITATION FOR BIDS AND NOTICE OF PUBLIC HEARING Before the Council of the City of Roanoke For Execution of a Lease Agreement Pursuant to the requirements of Sections 15.2-2100, et seq., Code of Virginia (1950), as amended, the City of Roanoke, Virginia (City) hereby gives notice that the City is inviting bids from qualified bidders for the lease of certain City-owned property within the City, subject to certain terms and conditions set forth in a proposed Lease Agreement. The proposed Lease Agreement is to be executed by the successful bidder for the development, construction, operation, and maintenance of up to six (6) soccer fields on an approximately 11.06 acre parcel bounded, in part, by Highland Farm Road, such parcel being located at 2100 Countryside Road and being a portion of Official Tax Map No. 6472302, and an approximately 10.5719 acre parcel located at the intersection of and bounded, in part, by Ranch Road and Lewiston Street, and bounded, in part, by Portland Avenue, such parcel being located at 0 (zero) Ben Street and being Official Tax Map No. 6421001 ("Outdoor Athletic Facility"). The location of the proposed Outdoor Athletic Facility on the subject properties is depicted in detail in exhibits or attachments to a proposed Lease Agreement ("Lease Agreement") dated February 1, 2014, on file in the City Clerk's Office. Any bidder shall be able to provide sufficient evidence that such bidder will be able to develop, construct, operate, and maintain the Outdoor Athletic Facility and execute the proposed Lease Agreement, subject to all of its terms and conditions. If the City elects to award and execute the Lease Agreement, City Council will be requested to adopt an ordinance to that effect. The full text of the proposed ordinance, authorizing execution of the Lease Agreement, is on file and may be reviewed in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. The City Clerk will also have copies of the necessary bid form available. The proposed ordinance, proposed Lease Agreement, and bid form will be available at the City Clerk's Office on and after Monday, January 6, 2014. Any interested entity is invited to submit a written bid, including a completed bid form, for the proposed Lease Agreement as described above. Each bidder shall submit the following information: n 1. The legal name of the entity submitting the bid, including the Identification Number issued to it by the Virginia State Corporation Commission. 2. The amount of investment the bidder proposes to make for the Outdoor Athletic Facility, including the annual rent. 1 3. The financial ability of the bidder to complete the Outdoor Athletic Facility as set forth in the Lease Agreement. 4. The bidder's commitment to complete the Initial Improvements as they are described in the Lease Agreement and open the Outdoor Athletic Facility for use on or before January 31, 2017. 5. The bidder's agreement to execute, deliver, and perform the Lease Agreement. 6. Other information as the bidder deems appropriate. Items 2, 3 and 4 may be submitted as short narrative statements. Bids are to be submitted in a sealed envelope or container to the City Clerk at the address noted above on or before Noon, 12:00 p.m., local time, Tuesday, January 21, 2014. The outside of the bid envelope should be marked as follows: "BID FOR EXECUTION OF LEASE AGREEMENT, TO BE OPENED AT THE CITY COUNCIL MEETING AT 2:00 P.M. ON JANUARY 21, 2014." The bid should be addressed to the City Council of Roanoke, c/o Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. All bids received will be held by the City Clerk, unopened, until 2:00 p.m., local time, on Tuesday, January 21, 2014, at which time they will be delivered to the Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011, and thereafter be publicly opened and read aloud in accordance with Section 15.2-2102, Code of Virginia (1950), as amended. The City reserves the right to cancel this Invitation for Bids and/or to reject any and all bids, to waive any informality or irregularity in the bids received, and to accept the bid which is deemed to be in the best interest of the City. The entity to whom the Lease may be granted and awarded shall reimburse the City for the costs of any advertisements for this matter. Pursuant to the requirements of Sections 15.2-2100, et seq., and Sections 15.2-1800(B), 15.2-1813, and 15.2-2204, Code of Virginia (1950), as amended, notice is hereby given that the Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Tuesday, January 21, 2014, at 7:00 p.m., local time, or as soon thereafter as Council is available, in the Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. For further information on this matter, you may contact the Office of the City Clerk at (540) 853-2541. A copy of the proposed Lease Agreement will be available at the City Clerk's Office on and after Monday, January 6, 2014. For further information on this matter, you may contact the Office of the City Clerk at (540) 853- 2541. All parties and interested persons may appear on the above date and time and be heard on the matter. 2 If you are a person who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853-2541 before 12:00 Noon on the Thursday before the date of the hearing listed above. GIVEN under my hand this 31st day of December, 2013. Stephanie M. Moon, City Clerk. 3 Note to Publisher: Please publish twice in the Roanoke Times, legal notices, once on Monday, January 6, 2014, and once on Monday, January 13, 2014. Please send bill to: Please send affidavit of publication to: R. Brian Townsend Stephanie M. Moon Assistant City Manager for Community City Clerk's Office Development Noel C. Taylor Municipal Building Noel C. Taylor Municipal Building Room 456 Room 364 215 Church Avenue, S.W. 215 Church Avenue, S.W. Roanoke, VA 24011 Roanoke, VA 24011 (540) 853-2541 (540) 853-2333 4 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W., Suite 456 Roanoke,Virginia 24011-1536 r, ty Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: clerk @roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk January 23, 2014 Municipal Code Corporation P. O. Box 2235 Tallahassee, Florida 32316 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 39854-012114 amending and reordaining Chapter 21, Offenses — Miscellaneous, of the Code of the City of Roanoke, Virginia (1979), as amended, by adding new Article X, Public Dance Halls, Chapter 21, Offenses - Miscellaneous, of the Code of the City of Roanoke, Virginia (1979), as amended. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, January 21 , 2014, and is in full force and effect on March 31, 2014. Sincerely, h^ \ Stephanie M. Moon, MMC 1v 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 January 23, 2014 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 Christopher Perkins, Chief of Police IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of January, 2014. No. 39854-012114. AN ORDINANCE amending and reordaining Chapter 21, Offenses—Miscellaneous, of the Code of the City of Roanoke, Virginia (1979), as amended, by adding new Article X, Public Dance Halls, Chapter 21, Offenses - Miscellaneous, of the Code of the City of Roanoke, Virginia (1979), as amended; providing for an effective date; and dispensing with the second reading by title paragraph of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The Code of the City of Roanoke, Virginia (1979), as amended, is hereby amended and reordained by the addition of new Article X, Public Dance Halls, Chapter 21, Offenses - Miscellaneous, to read and provide as follows: Chapter 21. Offenses-Miscellaneous Article X. Public Dance Halls. Sec. 21-221. Definitions. As used in this article: Public Dance Hall means any place open to the general public where dancing is permitted. However, any restaurant licensed under Sections 4-98.1 and 4-98.2 of the Code of Virginia to serve food and beverages, having a dance floor with an area not exceeding ten (10)percent of the total public floor area of the establishment, shall not be considered a public dance hall. Public Floor Area means that square footage of an establishment that is open to the general public. This does not include kitchen space, office space or meeting rooms. Chief of Police means the chief of police for the Police Department of the City of Roanoke. Owners mean all persons or individuals having at least a ten percent financial interest in a Public Dance Hall, including, but not limited to, all partners, shareholders or interest holders. Law-enforcement Officer means any full or part-tinw employee of a police department or sheriffs office which is a part of or administered by the Commonwealth or any political subdivision thereof,' and who is responsible for the prevention and detection of crime and the enforcement of the penal, traffic or highway laws of the Commonwealth as further defined by Section 9.1-101 of the Code of Virginia. Armed Security Officer means a natural person employed to (i) safeguard and protect persons and property, or (ii) deter theft, loss, or concealment of any tangible or intangible personal property on the premises he is contracted to protect, and who carries or has access to a firearm in the performance of his duties as further defined by Section 9.1-138 of the Code of Virginia. Sec. 21-222. Permit Required to Operate a Dance Hall. (a) No person shall operate a Public Dance Hall in the City, without having first obtained a permit issued pursuant to this article. No permit shall be granted by the Chief of Police for the operation of a Public Dance Hall in the City, until the applicant has complied with the requirements of this section. (b) Any person desiring to obtain a permit for the operation of a Public Dance Hall shall make written application therefor to the Chief of Police. Such application shall contain the following information: (1) The address and tax map number of the proposed Public Dance Hall; (2) The names and addresses of all Owners of the proposed Public Dance Hall; (3) A detailed drawing or sketch clearly showing the layout of the Public Dance Hall and indicating the amount of off-street parking available for patrons; (4) A detailed security plan to assist the Police Department with crime prevention and crowd control; 2 (5) An endorsement obtained from the Fire Marshall or his/her designee certifying that the proposed Public Dance Hall complies with the Statewide Fire Prevention Code; and (6) An endorsement obtained from the City's Zoning Administrator or his/her designee certifying that the proposed Public Dance Hall complies with the Virginia Uniform Statewide Building Code and the City's Zoning Ordinance. (c) All permits issued pursuant to this article shall be valid for one (1)year upon date of issuance. A Public Dance Hall permit can be renewed by the Chief of Police or his/her designee. The renewal application shall be submitted to the Chief of Police at least thirty (30) days prior to the expiration of the existing Public Dance Hall permit. The renewal Public Dance Hall permit application shall contain the same information required in the original permit, however, such information must be updated as of the date of the renewal application. (d) No fee is required to be made by the person making an application for a Public Dance Hall permit under this article. (e) Upon the,fling of an application for a Public Dance Hall permit or renewal of an existing permit, the Chief of Police or his/her designee may receive statements as evidence relevant to the permit or renewal application. A Public Dance Hall permit application may be refused if there is reasonable cause to believe that an Applicant or Owner of a proposed Public Dance Hall: (i) has been convicted of a felony under the laws of any state, or of the United States, or has been convicted of any crime or offense involving moral turpitude; (ii) has maintained a noisy, lewd, disorderly or unsanitary establishment in violation of state or local law; (iii) is a person to whom alcoholic beverages may not be sold under the provisions of Title 4 of the Code of Virginia; or (iv) has misrepresented a material fact in their application for a permit under this article. (9 A permit to operate a Public Dance Hall is not transferable. 3 (�) The Chief of Police or his/her designee may suspend or revoke a permit granted under this article upon a finding by the Chief of Police that the holder of a Public Dance Hall permit: (1) Has misrepresented a material fact in applying for such permit. (2) Has been convicted of a felony or of any crime or offense involving moral turpitude in any court. (3) Is not the legitimate owner of the business conducted under the permit issued or other persons having ownership in the business which have not been disclosed. (4) Has allowed noisy, lewd, or disorderly conduct upon the premises, or has maintained such premises in an unsanitary or unsafe condition, or allowed such premises to become a meeting place or rendezvous for persons of ill repute, or has allowed any form of illegal gambling to take place upon such premises. Sec. 21-223. Appeal ofDecisions of the Chief of Police. Any applicant or holder of a permit issued pursuant to this article may appeal denial of their application; any suspension or revocation of their Public Dance Hall permit; or surrender of their restaurant license as allowed under Section 13-15 of the Code of the City of Roanoke to the City Manager under the following procedures: (a) An applicant or holder of a permit must file their appeal with the Chief of Police within thirty (30) days of the denial, suspension or revocation of a Public Dance Hall permit. (b) The City Manager will conduct a hearing of the appeal within thirty (30) days of the applicant or holder's filing of an appeal. (c) The City Manager shall render a written decision on the appeal within ten (10) business days following the hearing after consulting with the City Attorney. The Public Dance Hall permit or restaurant license may be: (1) Reinstated without conditions; 4 (2) Reinstated with conditions and/or restrictions; (3) Temporarily suspended for a period to be set by the City Manager; and (4) Permanently revoked. (d) The decision of the City Manager or his/her designee shall be the final decision regarding the denial, suspension or revocation of a Public Dance Hall permit or restaurant license. Sec. 21-224. Security Requirements. Whenever the number of patrons in a Public Dance Hall is at least.fifty (50), then the Public Dance Hall shall have at least two (2) security employees or contractors. Whenever the number of patrons in a Public Dance Hall is at least one hundred (100), then the Public Dance Hall shall have three (3) security employees or contractors at least one (1) of whom shall be a law-enforcement officer outside of the establishment. Whenever the number of patrons in a Public Dance Hall is at least one hundred and fifty (150), then the Public Dance Hall shall have four (4) security employees or contractors at least two (2) of whom shall be law-enforcement officers outside of the establishment. Whenever the number of patrons is more than two hundred (200), then the Public Dance Hall shall have at least one (1) security employee or contractor for every fifty (50) patrons or portion thereof beyond two hundred (200), at least two (2) of whom shall be law-enforcement officers outside of the establishment. All other security employees or contractors shall be armed security officers and shall be validly registered with the State Department of Criminal Justice Services as required by Section 9.1-139 of the Code of Virginia. The applicant or permit holder for the Public Dance Hall shall be responsible for ensuring the compliance of the Public Dance Hall Permit within this section. Sec. 21-225. Right of Entry ofLaw Enforcement. Members of the City Police Department, City Sheriff's Office, and the City Fire Marshal may enter any Public Dance Hall operated pursuant to a permit issued under the provisions of this article at all hours, to insure that the peace and quiet of the City are preserved and that the conditions and restrictions of this article are observed. 5 Sec. 21-226. Operator not to Permit Intoxicated or Disorderly Persons on Premises. It shall be a violation of this article for any holder of a Public Dance Hall permit to allow any person under the influence of alcoholic beverages or any disorderly person to enter or remain in a Public Dance Hall. Sec. 21-227. Minors Prohibited ifAlcoholic Beverages are Sold,Exception. (a) It shall be unlavf d for any minor to enter, be or remain in any Public Dance Hall in the City or any other place in the City open to the public where dancing is permitted and ongoing; and where alcoholic beverages are being consumed, are being sold, or dispensed for consumption therein or thereat, except on business; and when on business, such minor shall be required to depart therefrom as soon as his business is transacted, (b) It shall be unianfd for the owner, operator or person in charge of any Public Dance Hall in the city or of any other place in the city open to the public where dancing is permitted and ongoing; and where alcoholic beverages are being consumed or are being sold, or dispensed for consumption therein or thereat, to allow or permit any minor to enter, be or remain in any such Public Dance Hall or place, except on business; and when on business, such minor shall be required to depart therefrom as soon as his business has been transacted. (c) The presence of any minor in any such Public Dance Hall or such other place for the purpose of dancing or watching dancing shall not be considered as being therein on business. (d) The term "alcoholic beverages" when used in this section, shall have the meaning prescribed by the State Alcoholic Beverage Control Act (Section 4-1 et seq., Code of Virginia). (e) The owner, operator or person in charge of any such Public Dance Hall or such other place open to the public where dancing is permitted shall have and keep posted conspicuously at the entrance or entrances of • such Public Dance Hall or such other place a sign or signs in bold letters, not less than two (2) inches in height, reading `NO MINORS ALLOWED. " 6 Sec. 21-228. Manager to be Present During Operation and Restrictions on Hours of Operation. (a) Each permit holder, except an individual who is a permit holder and on the premises, shall have a designated manager present at all times the Public Dance Hall is in operation. All designated managers must be at least 21 years of age. The name of the designated manager of every Public Dance Hall shall be kept posted in a conspicuous place in the Public Dance Hall in letters not less than one (1) inch in size, during such time as the manager is in charge. (b) No Public Dance Hall shall remain open after 3:00 a.m. Sec. 21-229. Exemptions for Charitable Dances. Dances held for benevolent or charitable purposes and dances conducted under the auspices of religious, educational, civic or military organizations are exempt from the requirements of this article. In order to qualify for this exemption, dances held for benevolent or charitable purposes must donate fifty percent (50%) of the gross proceeds to a qualified charitable or tax exempt organization under Section 501(c) of Federal Internal Revenue Code. Sec. 21-230. Violations ofArticle. (a) Any person violating any section of this article or failing to comply with any portion of this article shall be guilty of a Class 3 Misdemeanor. Each day of violation of any provision of this article occurs shall constitute a separate offense. (b) Any business location where individuals have been convicted of three (3) or more violations of this article within a twelve (12) month period shall surrender its restaurant license pursuant to Section 13-15 of the Code of the City of Roanoke. (c) In additional thereto and not in lieu thereof any continuing violation of any section of this article may be enjoined by the Circuit Court upon application of the Attorney for the City of Roanoke. The City of Roanoke through the Office of the City Attorney in addition to the injunction may seek civil relief to recover the costs of providing services to businesses that are in violation of this article. 7 2. This Ordinance shall become effective on March 31, 2014. 3. Pursuant to §12 of the Roanoke City Charter, the second reading by title paragraph of this ordinance is hereby dispensed with. ATTEST: City Clerk. 8 } F'{ CITY COUNCIL AGENDA REPORT ti ` S To: Honorable Mayor and Members of City Council Meeting: January 21, 2014 Subject: Amendment to Chapter 21, Offenses-Miscellaneous, of the Code of the City of Roanoke, Virginia (1979), as amended, by adding new Article X, Public Dance Halls Background: City Council and City Staff have considered for some time the creation of an amendment to the City Code in order to provide for certain levels of on-site security in entertainment establishments which contain facilities for dancing. The City Code amendment would also require the identification and registration of such establishments through a permitting process administered by the Police Department. Similar provisions are in place in the Codes of the cities of Norfolk and Richmond. On October 7, 2013, City Council received a briefing from Chief of Police Chris Perkins regarding a proposed amendment to the City Code in order to provide for certain levels of on-site security in entertainment establishments which contain facilities for dancing. Considerations: The proposed amendment will 1 ) create a registration process for public dance halls; 2) provide regulations governing public dance halls that are designed to maintain peace and facilitate a vibrant night life in the City of Roanoke; and 3) establish security requirements for public dance halls to improve security at those locations. Recommended Action: Adopt the proposed amendment to Chapter 21 , Offenses- Miscellaneous, of the Code of the City of Roanoke, Virginia (1979), as amended, by adding new Article X, Public Dance Halls attached to this report to establish public dance hall regulations effective March 31 , 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 21 of the Code of the City of Roanoke (1979), as amended, prior to the effective date of Article X, including, but not limited to, developing policies, forms, procedures, and manuals necessary to implement Chapter 21 , Offenses- Miscellaneous, of the Code of the City of Roanoke, Virginia (1979), as amended, by adding new Article X, Public Dance Halls. 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 Public Dance Halls amendment. C ist. . ' -r P. Morrill City Manager Distribution: Council Appointed Officers Brian Townsend, Assistant City Manager for Community Development Sherman Stovall, Assistant City Manager for Operations Christopher Perkins, Chief of Police 2 The Roanoke Times Roanoke, Virginia Affidavit of PublicBtl,op,.+ -(-1)(:)1 The Roanoke Times ROANOKE CITY POLICE DEPT 348 CAMPBELL AVE, SW ROANOKE VA 24 016 NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will hold a public REFERENCE: 84197476 hearing on Tuesday,January 21,2014,at 7:00 p.m.,or 13522754 NOTICEOFPUBLICHEARIN as soon thereafter as the matter may be heard,In the Council Chamber, Room 450,in the Noel C.Taylor State of Virginia Municipal Building, 215 Church Avenue, S.W., City of Roanoke Roanoke, Virginia, to consider adopting an ordinance adding new Article X, Public Dance I, (the undersigned) an authorized representative Halls,Chapter 21,Offenses -Miscellaneous,Code of of the Times-World Corporation, which corporation Virginia (1850), as is publisher of the Roanoke Times, a daily ameA nded. of the full newspaper published in Roanoke, in the State of ordinance is vaicable the Virginia, do certify that the annexed notice was ,City Clerk,Room 456,Noel C.Taylor Municipal Building. published in said newspapers on the following '215 Church Avenue,S.W., Roanoke,Virginia. dates: All parties and Interested persons may appear on the above date and be heard on this matter.If you are a) person with a disability whp'i needs accommodations for this hearing,please contact the City CIeyk's Office at 853-2541,before noon on. City/County of Roanoke, Commonwealth/State of the Thursday before the date of the hearing listed, Virginia. Sworn and subscribed before me this above. under my hand \�t. uay of Jan.2014 . Witness my hand and this 3lst day ofDecember, 2013. official seal . Stephanie M.Moon,MMC City Clerk. otary Public (13522754) 4 ,o, p LA y4 I,,„ PUBLISHED ON: 01/10 NO- S HY 97i ;. ' : yUB- _ 9,�g30 et 'e /E A�� \ =.' TOTAL COST: 231 . 60 �, FILED ON: 01/13/14 Authorized , � / 1 , 1 Signature: ...i / / � , Billing Services Representative I eel NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will hold a public hearing on Tuesday, January 21, 2014, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, Room 450, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider adopting an ordinance adding new Article X, Public Dance Halls, Chapter 21, Offenses - Miscellaneous, Code of Virginia(1950), as amended. A copy of the full ordinance is available for review in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. All parties and interested persons may appear on the above date and be heard on this matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at 853-2541, before noon on the Thursday before the date of the hearing listed above. GIVEN under my hand this 31st day of December,2013. Stephanie M. Moon, CMC City Clerk. 1 Note to Publisher: Please publish once in The Roanoke Times, Legal Notices on Friday, January 10, 2014. Please send bill to: Please send affidavit of publication to: Sgt. Jeffrey Newman Stephanie M. Moon Roanoke City Police Dept. City Clerk's Office 348 Campbell Ave, SW 456 Noel C. Taylor Municipal Building Roanoke, VA 24016 215 Church Avenue, S.W. (540) 853-2211 Roanoke, VA 24011 (540) 853-2541 2