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HomeMy WebLinkAboutCouncil Actions 02-18-14 FERRIS 39859-021814 • 4 } r . d ROANOKE CITY COUNCIL REGULAR SESSION FEBRUARY 18, 2014 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1 . Call to Order--Roll Call. All present. The Invocation was delivered by The Reverend Donna H. Britt. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. Welcome. Mayor Bowers. Mayor Bowers commended City staff in connection with the handling of the third largest snowfall in the history of the City of Roanoke. It was estimated between 18 — 20 inches of snowfall from Wednesday, February 12 — February 13. City Manager noted approval of a request declaring the City of Roanoke as a local state of emergency, whereby he submitted a written report under Items Recommended for Action — Item 7.a.3. NOTICE: Today's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, February 20 at 7:00 p.m., and Saturday, February 22 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, 2016) PARKS AND RECREATION ADVISORY BOARD (FIVE THREE-YEAR TERMS ENDING MARCH 31, 2017) ROANOKE NEIGHBORHOOD ADVOCATES (ONE UNEXPIRED TERM 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: NONE. 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. 3 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.The mayor called attention to one request of Council Member Price for a Closed Meeting. 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 a personnel matter, being the resignation of the Director of Finance and the process to fill the position, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request. C-2 A communication from the City Manager requesting that Council schedule a public hearing for Monday, March 3, 2014, at 2:00 p.m., or as soon thereafter as the matter may be heard, to consider granting a new approximately 20 foot wide sewer easement located in Highland Park to the Western Virginia Water Authority (WVWA). RECOMMENDED ACTION: Concur in request. C-3 Report of qualification of Michael P. Wright as a member of the Towing Advisory Board for a three-year term of office ending October 31, 2016. RECOMMENDED ACTION: Receive and file. REGULAR AGENDA 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: NONE. 4 7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: 1. Appropriation of Fleet Management Retained Earnings in connection with upgrading the current Gasboy Fuel Management System. Adopted Budget Ordinance No. 39859-021814 (7-0) 2. Execution of the proposed Amendment No. 1 to the Performance Agreement between the City of Roanoke, City of Roanoke Economic Development Authority, and Ivy View, LLC, in connection with the Ivy Market Project. Adopted Ordinance No. 39860-021814 (6-0, Council Member Trinkle abstained from voting) 3. Approval to declare a local emergency within the City of Roanoke and conferring the City Manager as Director of Emergency Management. Adopted Resolution No. 39861-021814 (7-0) The City Manager commented about snow removal that stared on Wednesday afternoon on February 12. The accumulation was between 18 to 24 inches depending upon location. It was reported as the third largest amount of snowfall on record and largest 24 hour accumulation in 18 years. Within the Central Business District, focus was on ensuring streets are passable. Information on the status of snow removal was communicated periodically. Staff monitored the City's Facebook and Twitter page during and after the snow event, interacting with citizens and following up on questions about snow removal. 5 COMMENTS OF THE CITY MANAGER. The City Manager referenced previous comments regarding the snow removal. The Director of Finance shared the following comments on the City's bond rating: City Bond Rating • Poor's raised the City's Bond rating from AA to AA+. • City's rating recently reaffirmed by Fitch as AA+ • AA+ is the second highest rating available with AAA as the highest. • Thanked City Council for support and congratulated City's financial staff. b. DIRECTOR OF FINANCE: 1. Appropriation of proceeds from the sale of Huff Lane Elementary School to Round Hill Elementary School Expansion Project. Adopted Budget Ordinance No. 39862-021814 (7-0) 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. 39863-021814 (7-0) b. A report of the Roanoke City School Board requesting transfer of funds for capital projects; 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. 39864-021814 (7-0) c. A report of the Mill Mountain Advisory Committee requesting that the Committee be recognized as a permanent or standing committee. Nancy V. Dye, Chairperson. The City Attorney was instructed to prepare the proper measure for adoption by the Council at its March 3 meeting establishing the Mill Mountain Advisory Committee as a standing committee. 6 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 11 . MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. Council Member Price acknowledged the new signage for the Clean and Green Campaign posted throughout the City; whereupon, Sherman Stovall, Assistant City Manager for Operations advised that the signage was to encourage citizens not to improperly dispose of litter especially cigarette butts. Council Member Lea announced that on Saturday, February 22, at 1:00 p.m., faith-based organizations would lead the Northwest Restoration Prayer Walk at Melrose Park. Council Member Bestpitch announced that the Gainsboro History Dedication had been rescheduled for Saturday, February 22, at 1:00 p.m., same as the Prayer Walk and encouraged citizens to patronize both events. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. NONE. 12. RECESS - 3:25 P.M. THE COUNCIL MEETING WAS DECLARED IN RECESS FOR A CLOSED MEETING IN THE CITY MANAGER'S CONFERENCE ROOM, ROOM 364,THIRD FLOOR OF THE NOEL C. TAYLOR MUNICIPAL BUILDING, AND TO BE RECONVENED AT 7:00 P.M., IN THE CITY COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING. 7 �j!qY .41}' ROANOKE CITY COUNCIL REGULAR SESSION FEBRUARY 18, 2014 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order--Roll Call. Council Member Price was absent. The Invocation was delivered by Mayor David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Cub Scout Wolf Den Pack 17, sponsored by St. John's Episcopal Church. Welcome. Mayor Bowers. NOTICE: Today's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, February 20 at 7:00 p.m., and Saturday, February 22 at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. 8 A. PRESENTATIONS AND ACKNOWLEDGEMENTS: Performance by the William Fleming High School Step Team. The Mayor recognized the William Fleming Step Team. Presentation of a Resolution passed by the Board of Directors of the Blue Ridge Land Conservancy. Dr. M. Rupert Cutler and David Perry, Executive Director, Blue Ridge Land Conservancy. The Mayor accepted the resolution on behalf of the City. Mr. Perry distributed a book titled "For the Love of the Land, 100 Conservation Stories from Across Virginia" to each of the Council Members. B. PUBLIC HEARINGS: 1. Request of JMB Investment Company, LLC, to rezone property at 1919 10th Street, N. W., from Light Industrial District (I-1), with conditions, to Commercial-General District (CG), with conditions; and repeal proffers as part of a previous rezoning adopted by Ordinance Nos. 27204-020596 and 32816-020596. Richard White, Agent, Spokesperson. Adopted Ordinance No. 39865-021814 (6-0) 2. Request of Harpear Properties, Inc., to rezone property at 4662 and 0(zero) Old Mountain Road, N. E., from R-5, Residential Single-Family District, to MXPUD, Mixed Use Planned Unit Development District. Jay L. Hough, Agent, Spokesperson. Adopted Ordinance No. 39866-021814 (6-0) 3. Receive views of citizens regarding a private-public model in which private individuals proposed the creation of a private charitable organization that will create a reliable and sustainable resource for funding arts and cultural organizations that benefit the citizens of Roanoke. Adopted Resolution No. 39867-021814 (6-0) 9 4. Proposal of the City of Roanoke to convey a portion of a City owned property, containing not more than approximately 3.60 acres, together with building and improvements thereon, fronting on Highland Farm Road, and depicted as Parcel B on an exhibit dated October 10, 2012 prepared by Altizer, Hodges and Varney, Inc.; to Northwest Recreation Club, Inc., a Virginia non-stock corporation to renovate the building on the property to provide for approximately 19,000 square feet of indoor recreation facilities, including two (2) multi-purpose courts. Christopher P. Morrill, City Manager. Adopted Ordinance No. 39868-021814 (6-0) C. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. ALL MATTERS WILL BE REFERRED TO THE CITY MANAGER FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL, AS HE MAY DEEM APPROPRIATE. Terry Huxhold appeared before the Council and spoke about the City's handling of the snow or lack thereof from Thursday, February 13 — Monday, February 17, 2014. CERTIFICATION OF CLOSED MEETING (5-0, Council Member Lea was not present when the vote was recorded.) D. ADJOURNMENT - 8:41 P.M. 10 OFFICE OF THE CITY CLERK 1 , 215 Church Avenue,S. W., Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 -- - Far (540)853-1145 STEPHANIE M.MOON,MMC E-mail: clerk@roanokeva.gov roanokeva.gov JONATHAN E.CRAFT,CMC Deputy City Clerk City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk February 20, 2014 Reverend Donna H. Britt 2330 Mount Vernon Road Roanoke, Virginia 24015 Dear Reverend Britt: On behalf of the Mayor and Members of the Roanoke City Council, I would like to express sincere appreciation to you for delivering the Invocation at the regular meeting of the Roanoke City Council, which was held on Tuesday, February 18, 2014. Sincerely, aer- /Jonathan E. Craft, CMC Deputy City Clerk JEC:aa • CITY OF ROANOKE \ CITY COUNCIL :w fr 215 Church Avenue,S.W. i Noel C.Taylor Municipal Building,Suite 456 I' 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 February 18, 2014 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: I wish to request that Council convene in a closed meeting to discuss a personnel matter, being the resignation of the Director of Finance and the process to fill the position, pursuant to Section 2.2-3711 (A) (1), Code of Virginia (1950), as amended. Sincerely, rilficd5acerait) Anita J. Price, Chair City Council Personnel Committee AJP:ctw CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: February 18, 2014 Subject: Request a Public Hearing for Western Virginia Water Authority for Approximately 20 Foot Wide and 610 Foot Long Permanent Sewer line Easement in Highland Park Also Known as Tax Map No. 1131001 Background: The Western Virginia Water Authority (WVWA) has an existing sewer main serving 18 properties near Highland Park. This main was installed in the early 1900's, and a 300-foot section is in need of repairs. Because the existing main crosses steep slopes, 5 tracks in Norfolk Southern's railroad yard and the Roanoke River, it is nearly impossible to access for maintenance and repairs. The Authority has identified an alternate alignment for this main that will allow the abandonment of the portions needing repairs. Since the proposed relocation will eliminate a river crossing, it offers a beneficial environmental impact. The new alignment will require an approximately 20 foot wide and approximately 610 foot long sewer easement located in the northwestern portion of Tax Number 1131001 , Highland Park, owned by the City of Roanoke. The Roanoke City Parks and Recreation Department has reviewed the proposed sewer alignment and, since it will be underground and crosses an open area without trees, is agreeable with the project. Recommended Action: Authorize the scheduling and advertising of a public hearing on March 3, 2014, at 2:00 pm for granting a new approximately 20 foot wide and approximately 610 foot long sewer easement located in Highland Park to the Western Virginia Water Authority (WVWA). Christopher P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Wayne F. Bowers, Director Economic Development Cassandra L. Turner, Economic Development Specialist EXHIBIT A ROANOKE RIVER NORFOLK SOUTHERN TIE TO CORNERS Nj 83' 15 05.00"E 110.8 PROPERTY OF / CITY OF ROANOKE HIGHLAND PARK 641 WALNUT AVE SW /. TAX # 1131001 700 BLOCK HIGHLAND AVE SW P Sf R ASOSfO l FERDINAND AVE SW �2.2ap SAsNT 2 / / r 0 / / m 600 BLOCK / HIGHLAND AVE SW a/ / F / 1 T 6TH ST SW / ./TIE TO CORNER ✓ N 32' 18.51E 127.4' 6TH ST SW 500 BLOCK 500 BLOCK 500 BLOCK HIGHLAND AVE SW WASHINGTON AVE SW HIGHLAND AVE SW O 11.111111111■ NMI W E S T E R N V I R G I N I • WATER AUTHORI A PERMANENT 20' SEWERLINE EASEMENT ENGINEERING SERVICES BEING GRANTED TO 601 SOUTH JEFFERSON STREET WESTERN VIRGINIA WATER AUTHORITY ROANOKE,VIRGINIA 24011 BY CITY OF ROANOKE PHONE:(540)853-5641 DRAWN BY:MS EASEMENT=12,200 SF SCALE: 1"=100' DATE: 12118113 , '+ CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S. W.,Room 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: elerkQAraunokevn.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk February 19, 2014 Captain Samuel Roman, Jr., Secretary Towing Advisory Board Roanoke, Virginia Dear Captain Roman: This is to advise you that Michael P. Wright has qualified as a member of the Towing Advisory Board for a term of office ending October 31, 2016. Sincerely, Stephanie M. Moon, MMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Michael P. Wright, 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 Towing Advisory Board for a three-year term of office ending October 31, 2016, according to the best of my ability. So help me God. MICHAEL P. WRIGHT The foregoing oath of office was token, sworn to, and subscribed before me by Michael P. Wright this Lim day of l I � An 204 Brendp-S. Hamilton, 9le77of the Circuit Court By V 11 v0,F4 , l , Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of February, 2014. No. 39859-021.814. AN ORDINANCE to appropriate funding from Fleet Management Retained Earnings to Fleet Equipment-Maintenance Account, amending and reordaining certain sections of the 2013-2014 Fleet Management 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 Fleet Management Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Fleet Equipment Maintenance 17-440-2642-9014 $202,000 Fund Balance Retained Earnings - Available 17-3348 ($202,000) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. A TES inn • ,. it_ays) ity Clerk. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: February 18, 2014 Subject: Appropriation of Fleet Management Retained Earnings for the Gasboy Fuel Management System Background: The Fleet Management Division began using the Gasboy Fuel Management System approximately 15 years ago. The system controls the distribution of motor fuels for City vehicles and needs to be upgraded. The upgrade will cost $202,000 and includes equipment and software. The upgraded fueling system will provide increased accountability, reporting and reliability. Considerations: Funding is available in Fleet Management Retained Earnings to facilitate the upgrade of the fueling system and is available for appropriation. Recommended Action: Adopt the accompanying budget ordinance to appropriate funding in the amount of $202,000 from Fleet Management Retained Earnings to Fleet Equipment-Maintenance (Account 17-440-2642-9015). Christopher P. Morrill City Manager Distribution: Council Appointed Officers IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of February, 2014. No. 39860-021814. AN ORDINANCE authorizing the proper City officials to execute an Amendment No. 1 to a Performance Agreement dated July 1, 2012, by and among the City of Roanoke, Virginia, ("City"), the Economic Development Authority of the City of Roanoke, Virginia, ("EDA"), Ivy View, LLC, ("Ivy View"), that amends certain terms and conditions of the Performance Agreement dated July 1, 2012, which was authorized by Ordinance No. 39408-060412, involving the development of certain properties located at the northwest corner of Franklin Road, S.W., and Wonju Street, S.W., in the City of Roanoke; reordaining Ordinance No. 39408-060412 except as amended by this Ordinance; providing for an effective date; and dispensing with the second reading by title of this Ordinance. WHEREAS, the City, the EDA, and Ivy View entered into a Performance Agreement dated July 1, 2012, under which Performance Agreement Ivy View undertook certain obligations in connection with the continued development and redevelopment of certain properties located at the northwest corner of Franklin Road, S.W., and Wonju Street, S.W., ("Project"); WHEREAS, pursuant to the terms of the Performance Agreement, the EDA agreed to provide Ivy View with up to ten (10) annual economic development grants to assist Ivy View with the unusual expense for the continued development and redevelopment of the Project; WHEREAS, Ivy View has requested certain amendments to the Performance Agreement to allow Ivy View to develop Phase 1 of the Project into an ambulatory specialty clinic ("Ambulatory Specialty Clinic") and has proposed amendments to the undertakings of Ivy View IC\Measures\Ivy View Amendment No 1 Ordinance 2 14.docx 2/18/14 and a reduction in the total maximum amount of annual economic development grants from $5,500,000 to not more than $2,000,000; WHEREAS, City staff has advised City Council that such amendments to the Performance Agreement will assist the redevelopment of the Project and the Project will benefit economic development within the City and the Roanoke Valley; WHEREAS, the City and the EDA wish to encourage Ivy View to complete the Project in order to enhance and promote economic development within the City and the Roanoke Valley; and WHEREAS, such Amendment No. 1 is also subject to approval by the EDA. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby approves the terms of Amendment No. 1 to the Performance Agreement dated July 1, 2012, by and among the City, the EDA, and Ivy View ("Amendment No. 1"), as set forth in the attachment to the City Council Agenda Report dated February 18, 2014, which Amendment No. 1 amends certain undertakings and obligations by Ivy View, as well as certain undertakings by the City and the EDA, and ratifies and confirms the terms of the Performance Agreement as amended by Amendment No. 1. City Council further finds that the annual economic development grants provided for by the Performance Agreement, as amended by Amendment No. 1, will promote economic development within the City and the Roanoke Valley and will be of economic benefit to the City and its citizens. 2. The City Manager is hereby authorized on behalf of the City to execute and Amendment No. 1 to the Performance Agreement by and among the City, the EDA, and Ivy View, upon certain terms and conditions as set forth in the City Council Agenda Report dated February 18, 2014. Amendment No. 1 shall be substantially similar to the one attached to he K:\Measures\Ivy View Amendment No 1 Ordinance 2 14.docx 2/11/14 City Council Agenda Report dated February 18, 2014 and in a form approved by the City Attorney. 3. The City Manager is further authorized to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of Amendment No. 1 and the Performance Agreement, as amended by Amendment No. 1. 4. Ordinance No. 39408-060412, adopted June 4, 2012, is hereby reordained to the extent that Ordinance 39408-060412 is not inconsistent with this Ordinance. In the event of any inconsistency, the provisions of this Ordinance shall control. 5. Pursuant to the provisions of §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: rn . r� City Clerk. K:\Measures\Ivy view Amendment No I Ordinance 2 I4.docx 2/11/14 STATEMENT OF CONFLICT OF INTEREST I, David B. Trinkle, state that I have a personal interest in agenda item 7 (a) (2) for the 2:00pm Regular Session of Council on February 18, 2014, regarding the proposed Amendment No. 1 to the Performance Agreement among the City, Ivy View, LLC, and the Economic Development Authority of the City of Roanoke, Virginia, in connection with the Ivy Market project, because I have a business relationship with Carilion Clinic, an entity that has an interest in Amendment No. 1. Therefore, pursuant to Virginia Code Section 2.2-3112, I must refrain from participation in this matter. I ask the City Clerk to accept this statement and ask that it be made a part of the minutes of this meeting. Witness the following signature made this 18th day of February, 2014. (SEAL) David B. Trinkle art CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: February 18, 2014 Subject: Amendment No. 1 to Ivy View, LLC Performance Agreement Background: In November, 2004 City Council and the Economic Development Authority of the City of Roanoke, Virginia (EDA) approved a performance agreement with IMD Investment Group, LLC related to the development and construction of a shopping center at the corner of Franklin Road and Wonju Street. Under the terms of that performance agreement, in order to receive certain economic development grants from the EDA, the developer of the property was required to make significant site improvements and construct specified buildings. The site was prepared as required and both a Ukrop's Super Market and Walgreens Drug Store were constructed. After the Ukrop's Super Market closed in 2009, the City Council, by Ordinance No. 39408-060412, approved a new performance agreement with Ivy View, LLC (Ivy View), a subsidiary of Valley Bank, dated July 1 , 2012, to replace the original agreement. This performance agreement required that the vacated Ukrop's Super Market building be utilized by having a new use containing at least 50% retail space by July 1 , 2014, and that a second phase of the project containing at least 35,000 square feet of commercial space be completed by July 1 , 2015. Since July, 2012, Ivy View has invested in and completed required stormwater improvements on the property, and has undertaken demolition and site grading/cleanup activities on a portion of the site as part of its marketing efforts for attracting new commercial development. In December, 2013, after numerous attempts to locate a retail use in the former Ukrop's Super Market building, Ivy View requested that the City and the EDA amend the performance agreement to allow a non-retail use (specifically an ambulatory specialty clinic to be operated by Carilion Clinic) to be placed in the vacated space. In addition, Ivy View requested that changes be made to the development requirements for the second phase. In exchange for these amendments Ivy View proposed placing an annual monetary cap on future grant payments and reducing the overall maximum aggregate grant amount over the ten year grant period. Consideration: The current performance agreement provides that the EDA will provide grants to Ivy View annually in an amount equal to 50% of revenues actually received by the City from specified taxes during the preceding fiscal year. Such taxes consist of real estate, local one percent sales tax, professional and occupational license tax, tangible personal property tax, and prepared food and beverage tax. For the first grant year (July 1 , 2012 to June 30, 2013) Ivy View received an EDA grant of $111 ,744 based on an amount equal to the total revenues actually received by the City from the Project of $223,488 during FY 201 3. The terms of the Agreement, as amended by Amendment No. 1 , would be changed as follows: • The total maximum amount of the EDA grants is reduced from $5,500,000 to $2,000,000 • The requirement to place a new retail tenant in the former Ukrop's Super Market building by July 1 , 2014 is replaced with a requirement that the building be occupied by an ambulatory specialty clinic that will be operated by Carilion Clinic prior to December 31 , 2015. • The time for developing Phase 2 is extended by one year to July 1 , 2016 and the minimum amount of developed space is reduced from 35,000 square feet to 25,000 square feet. • A new provision is added that Ivy View will make a payment to the City in the event that any portion of the Project is granted a tax exemption for real estate taxes. The amount of the fee will be equal to the amount of the real estate taxes actually due if the exemption was not granted. • Annual EDA grants are capped at the lesser of 50% of the eligible revenues received by the City or $200,000 for the current grant year (July 1 , 2013 to June 30, 2014) and through grant year July 1 , 2015 to June 30, 2016. • Annual grants for the remaining six (6) years are also subject to a requirement that revenues actually received by the City from the Project are at least $400,000 for a grant year thus producing a grant payment of $200,000 before Ivy View can request an EDA grant for the particular year. The term of the Agreement remains the same expiring with the fiscal year ending June, 30, 2022. All terms of the Agreement not changed by the proposed Amendment No. 1 remain in place. Amendment No. 1 is subject to approval by the EDA. Recommended Action: Approve the terms of the Proposed Amendment No. 1 to the Performance Agreement by and between the City, the EDA, and Ivy View, LLC, as set forth in the attachment to this letter, and determine that such Amendment No. 1 will promote economic development within the City. Authorize the City Manager to execute such proposed Amendment No. 1 , substantially similar to the one attached to this letter, and to execute such other documents and to take such further actions as may be necessary to implement, administer, and enforce such Amendment No. 1 . Such Amendment No. 1 , and such other documents referred to above, are to be approved as to form by the City Attorney. iristop er P. Morrill City Manager Distribution: Council Appointed Officers Brian Townsend, Assistant City Manager for Community Development Wayne Bowers, Director of Economic Development DRAFT DATE: 02.18.2014 AMENDMENT NO.1 TO PERFORMANCE AGREEMENT DATED JULY 1, 2012 BY AND AMONG THE CITY OF ROANOKE, VIRGINIA, IVY VIEW, LLC, AND THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA This Amendment No. 1 to the Performance Agreement is made this day of February , 2014, by and among the City of Roanoke, Virginia, a municipal corporation organized and existing under the laws of the Commonwealth of Virginia ("City"), Ivy View, LLC, a limited liability company organized and existing under the laws of the Commonwealth of Virginia ("Ivy View"), and the Economic Development Authority of the City of Roanoke, Virginia, an industrial development authority organized and existing under the laws of the Commonwealth of Virginia ("EDA"). RECITALS WHEREAS, Ivy View, the City and the EDA entered into a Performance Agreement dated July 1, 2012, ("Performance Agreement") pursuant to which Ivy View agreed to construct certain improvements and undertake and perform certain obligations with respect to a retail development project originally known as "Ivy Market" and which project is comprised of several parcels of real property located at the northwest corner of Wonju Street and Franklin Road, S.W., in Roanoke, Virginia and identified as Official Tax Map No. 1272505 (currently used and occupied as a Walgreens Drug Store); Official Tax Map No. 1272504 (currently containing a vacant retail facility and parking structure); Official Tax Map Nos. 1150106, 1150109, 1150113, 1150112, 1150102, 1150104, and 1150108 (each of which parcels are vacant), ("Project Site" or "Property"); WHEREAS, in consideration of the obligations to be performed by Ivy View in connection with the development of the Project Site and subject to the term of the Performance Agreement, EDA agreed to provide Ivy View with up to ten (10) annual Economic Development Grants (each, a "Grant" and collectively, "Grants"), with the total amount of the Grants not to exceed $5,500,000.00, in order to assist Ivy View in the development of the Project Site as described in the Performance Agreement; provided that the Grants are not general obligations of the EDA but are special obligations of the EDA that are limited to those funds that are provided by the City and received by the EDA under the terms of the Performance Agreement; WHEREAS, the Project, as originally contemplated in the Performance Agreement, anticipated the development of retail operations by Ivy View in two phases at the Project Site; WHEREAS, Ivy View has advised the City and the EDA that, as a result of unforeseen challenges presented by the prolonged economic recession, the highest and best use of the Project Site requires Ivy View to seek an amendment to the Performance Agreement to allow Ivy 1 View to develop Phase I of the Project as an ambulatory specialty clinic ("Ambulatory Specialty Clinic"); WHEREAS, Ivy View has advised the City and EDA that Carilion Clinic has presented Ivy View with a plan to develop the Ambulatory Specialty Clinic within Phase 1, and Ivy View is prepared to enter into an agreement with Carilion Clinic for the development of the Ambulatory Specialty Clinic within Phase 1 of the Project Site (Official Tax Map No. 1272504) provided Ivy View, the City, and the EDA can agree to, and enter into, an amendment to the Performance Agreement; WHEREAS, Ivy View has advised the City and the EDA that Ivy View intends to continue development on Phase 2 within the Project Site (Official Tax Map Nos. 1150106, 1150109, 1150113, 1150112, 1150102, 1150104, and 1150508) for operating retail facilities and/or other business structures open to the public; WHEREAS, the City and the EDA are willing to amend the Performance Agreement to accommodate the request of Ivy View to amend the development plans for Phase I of the Project Site; reduce the total amount of the Grants available to Ivy View to an amount not to exceed $2,000,000.00 (Ivy View acknowledges that the actual total amount of the Grants available to Ivy View under the Performance Agreement, as amended, will be less than $2,000,000.00 because Ivy View has received the Grant in the amount of approximately $111,744.00 for the first grant year); and establish additional performance standards and conditions upon Ivy View; all in accordance with the terms, conditions, and obligations of this Amendment No. 1 to Performance Agreement dated July I, 2012, by and among the City of Roanoke, Virginia, Ivy View, LLC, and the Economic Development Authority of the City of Roanoke, Virginia, (Amendment No. 1). THEREFORE, Ivy View, the City and the EDA agree that the above Recitals are hereby incorporated and made a part of this Amendment No. 1 and also in consideration of the promises and obligations contained herein, the sufficiency of which are hereby acknowledged, Ivy View, the City, and the EDA mutually agree to amend the Performance Agreement in accordance with the Amendment No. 1 as follows: SECTION 1. AMENDMENT AND RESTATEMENT OF RECITALS. Ivy View, the City, and the EDA agree to amend, replace, and restate the Recitals set forth in the Performance Agreement to state and provide as follows: WHEREAS, Ivy View is the successor developer of a retail project originally known as "Ivy Market," which is comprised of certain properties located at the northwest corner of Wonju Street and Franklin Road, S.W., consisting of Official Tax Map No. 1272505 (currently containing a Walgreens Drug Store); Official Tax Map No. 1272504 (currently containing a vacant retail facility and parking structure); Official Tax Map Nos. 1150106, 1150109, 1150113, 1150112, 1150102, 1150104, and 1150108, each of which parcels are vacant; all of which are depicted and described in Exhibit 1 attached hereto and made a part hereof ("Project Site" or "Property"); 2 WHEREAS, Ivy View has advised the City and EDA that it intends to develop the Project Site in two phases designated as Phase 1 and Phase 2 on Exhibit 1 (the"Project"); WHEREAS, Ivy View intends to develop Phase 1 of the Project, consisting of a vacant retail facility and parking structure, into an ambulatory specialty clinic (the "Ambulatory Specialty Clinic"); WHEREAS, Ivy View and Carilion Clinic have entered into negotiations with regard to the development of the Ambulatory Specialty Clinic that will recruit and employ additional physicians with extraordinary credentials; WHEREAS, Ivy View maintains that development of the Ambulatory Specialty Clinic is the highest and best use of the development of Phase 1 and, while the Ambulatory Specialty Clinic may generate less local tax revenues for the City when compared to a retail facility, the Ambulatory Specialty Clinic will provide the City with new medical services and added prestige; WHEREAS, Ivy View intends to develop Phase 2 for actively operating retail facilities and/or other business structures open to the public; WHEREAS, with the development, construction, and operation of the Ambulatory Specialty Clinic, the Project Site becomes two distinct projects and Ivy View intends to complete Phase 2 of the Project through the development and construction of retail, restaurant, office, and/or business operations together with the associated infrastructure for such operations; WHEREAS, the City recognizes that the redevelopment of Phase 1 of the Project as a Ambulatory Specialty Clinic and the continued development of Phase 2 of the Project for retail and/or business uses to its completion will require significant costs for site development and storm water infrastructure, as well as parking in order to maximize the Project Site's development potential and tax base generation (See Exhibit 2 attached hereto and made a part hereof and which shows more details of Phase 2); WHEREAS, Ivy View has requested an annual economic development grant through the EDA to assist in the unusual site development expenses that have already been incurred, or will be incurred, by Ivy View as the successor developer of the Project; WHEREAS, the City and the EDA desire that the Project proceed to completion, and have determined that such Project will promote economic development within the City and within the Roanoke Valley by providing additional tax revenue, jobs, and services that will be available to and will benefit the citizens of the City and the Roanoke Valley; WHEREAS, the EDA, based on the proposed undertakings of Ivy View, has determined to make annual economic development grants for a specified time period to Ivy View from funds to be provided to the EDA by the City, all in accordance with the terms of this Agreement; and, 3 WHEREAS, the parties wish to reduce to writing the understanding of the parties concerning this matter. SECTION 2. AMENDMENT TO SECTION 1 OF THE PERFORMANCE AGREEMENT. A. Section 1 of the Performance Agreement is amended by deleting "$5,500,000.00" and inserting "$2,000,000.00"in its place. SECTION 3. AMENDMENTS TO SECTION 2 OF THE PERFORMANCE AGREEMENT. A. Section 2(B) of the Performance Agreement is amended by deleting Section 2(B) of the Performance Agreement in its entirety and replacing Section 2(B) with the following new section: B. Prior to December 31, 2015, the approximately 58,000 sq. ft. vacant retail facility located on Official Tax Map No. 1272504 shall be acquired, substantially completed and occupied, and substantially actively operating as the Ambulatory Specialty Clinic, open to the public for business. B. Section 2(C) of the Performance Agreement is amended by deleting Section 2(C) of the Performance Agreement in its entirety and replacing Section 2(C) with the following new section: C. Within forty-eight (48) months after the date of this Agreement, and not later than July 1, 2016, the second phase of the Project (Phase 2), encompassing portions of the Property currently vacant and comprised of Official Tax Map Nos. 1150106, 1150109, 1150113, 1150112, 1150102, 1150104, and 1150108, and contemplating the development of improvements consisting of buildings containing retail, office, restaurant, and/or other business spaces having a minimum of 25,000 sq. ft. in the aggregate, shall have been built within Phase 2 and shall be leased or available for purchase or lease and continue to be leased or available for purchase or lease for each year in which a Grant is requested. It is expressly understood and agreed that while the anticipated use of this space is for restaurant(s), retail, and/or office/business uses, the exact size and mix of such building cannot be determined at this point, only that such building or buildings shall provide for the minimum 25,000 sq. ft. mentioned above. C. Section 2(D) of the Performance Agreement is amended by deleting the following introductory phrase of Section 2(D) "within 36 months after the date of this Agreement," and replacing this introductory phrase with the following new phrase: 4 D. Within forty-eight (48) months after the date of this Agreement, and not later than July 1, 2016, D. Section 2(F) of the Performance Agreement is amended by adding the following new provisions to the end of Section 2(F) of the Performance Agreement: Should any subsequent owner of the Property or any portion thereof, or any entity that may occupy, operate and/or manage a Facility, the Property or Project, or any part thereof, violate the obligations of this Section 2(F) by seeking, claiming, and being granted any real estate tax exemption, in whole or in part, Ivy View agrees that Ivy View shall be responsible for paying, and shall pay, to the City an annual fee equal to the actual real estate taxes that otherwise would be due and owed if such portion of the Property or Facility had not been granted a tax exemption. Such fee shall be due and payable at the same time that the actual real estate taxes would be due and payable to the City. The City shall be entitled to exercise all remedies available to the City if any such fee is not paid in full within thirty (30) days of becoming due. Nothing in this Section 2(F) shall prevent, deter, encourage, or otherwise affect the City in granting or denying an application for exemption, in its absolute discretion. SECTION 4. AMENDMENTS TO SECTION 3 OF THE PERFORMANCE AGREEMENT. A. Section 3(C) of the Performance Agreement is amended by deleting Section 3(C) of the Performance Agreement in its entirety and replacing Section 3(C) of the Performance Agreement with the following Section 3(C): C. (i) For the grant year beginning July I, 2012 and ending June 30, 2013, the amount of the Grant request shall only be for an amount equal to 50% of the revenue amount actually received by the City during this grant year, subject to the limits set forth in this Agreement, that directly resulted from the Property or Project and that came only from real estate taxes, the City's portion of general retail sales tax (currently at 1%), professional and occupational license tax, tangible personal property tax (inclusive of tangible personal property used in business), prepared food and beverage tax, and any fees paid pursuant to the requirements of Section 2(F). (ii) For the grant years beginning July 1, 2013 and ending June 30, 2014, July 1, 2014 and ending June 30, 2015, and July 1, 2015 and ending June 30, 2016, the amount of each Grant request for such grant years shall only be for an amount equal to the lesser of(1) 5 50% of the revenue amount actually received by the City during the preceding fiscal year, subject to the limits set forth in this Agreement, that directly resulted from the Property or Project and that came only from real estate taxes, the City's portion of general retail sales tax (currently at 1%), professional and occupational license tax, tangible personal property tax (inclusive of tangible personal property used in business), prepared food and beverage tax, and any fees paid pursuant to the requirements of Section 2(F) or(2) $200,000. (iii) For each of the remaining six (6)grant years under the terms of this Agreement, beginning with the grant year starting on July 1, 2016 and ending June 30, 2017, the amount of each Grant request shall be in the amount of $200,000.00, provided that the revenue actually received by the City during the preceding fiscal year, subject to the limits set forth in this Agreement, that directly resulted from the Property or Project and that came only from real estate taxes, the City's portion of the general retail sales tax (currently at 1%), professional and occupational license tax, tangible personal property tax (inclusive of tangible personal property used in business) prepared food and beverage tax, and fees paid pursuant to Section 2(F) was equal to or greater than $400,000.00. In the event that such revenues actually received by the City are less than $400,000.00, Ivy View shall make no Grant request and Ivy View shall not be entitled to any Grant for such grant year. (iv) For purposes of this Section 3(C), any new or existing local tax or increase in the rate of any of the aforementioned taxes for the purpose of dedicating the incremental revenue for a specific project or purpose shall be excluded from and not counted in the amount of tax revenue resulting from the Property or Project. Furthermore, there shall be no carryover of any type from one grant year to the next for any tax revenues received and/or funds from the prior year or years or for purposes of determining the amount of revenue for any grant year. Each grant year shall be looked at separately to see if the requirements for a Grant request have been met. Examples The following examples illustrate the application of the terms of Section 3 (C) in determining the amount of a Grant for a grant year. Each example assumes that Ivy View is in compliance with all conditions of this Agreement. 6 Example 1 Grant Year: July 1, 2013 to June 30, 2014 Revenues Received: $500,000.00 [FY14 (7/1/13 to 6/30/14)] 50% of Revenues Received: $250,000.00 Grant Amount: $200,000.00 Example 2 Grant Year: July 1, 2013 to June 30, 2014 Revenues Received: $350,000.00 [FY14 (7/1/13 to 6/30/14)] 50% of Revenues Received: $175,000.00 Grant Amount: $175,000.00 Example 3 Grant Year: July 1, 2018 to June 30, 2019 Revenues Received: $500,000.00 [FY19 (7/1/18 to 6/30/19)] 50% of Revenues Received: $250,000.00 Grant Amount: $200,000.00 Example 4 Grant Year: July 1, 2018 to June 30, 2019 Revenues Received: $350,000.00 [FY19 (7/1/18 to 6/30/19)] 50% of Revenues Received: $175,000.00 Grant Amount: $0.00 B. Section 3 (E) of the Performance Agreement is amended by deleting "$5,500,000.00" from this Section and inserting "$2,000,000.00" in its place. SECTION S. BINDING EFFECT. The Performance Agreement, as amended by this Amendment No. 1, constitutes the entire agreement among the parties with respect to matter contained in the Performance Agreement. Except as amended and modified by Amendment No. 1, all terms, conditions, rights, and obligations of the parties under the terms and conditions of the Performance Agreement remain in full force and effect. The Performance Agreement, as amended by Amendment No. 1, constitutes the binding agreement of Ivy View, the City, and the EDA. This Amendment No. 1 is made pursuant to, and in accordance with, Section 27 of the Performance Agreement. 7 SECTION 6. APPLICABLE LAW. This Amendment No. 1 shall be construed and interpreted in accordance with the laws of the Commonwealth of Virginia. SIGNATURES APPEAR ON FOLLOWING PAGE 8 IN WITNESS WHEREOF, Ivy View, the City, and the EDA have executed this Amendment No. 1 by their authorized representatives. WITNESS: CITY OF ROANOKE, VIRGINIA By Stephanie M. Moon Christopher P. Morrill, City Manager City Clerk (SEAL) WITNESS: ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA By: Linda D. Frith, Secretary Charles E. Hunter, III, Chair WITNESS: Ivy View, LLC By: Ellis L. Gutshall, Managing Member Printed Name and Title Approved as to Form: Approved as to Execution: City Attorney City Attorney Approved as to Form Approved as to Execution Counsel for EDA Counsel for EDA Appropriation and funds required for this Agreement are subject to future appropriation. Director of Finance Date Acct# Amendment No. 1 authorized by Ordinance No. 9 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(iProanokeva.gov JONATHAN E.CRAFT,CMC STEPHANIE M.MOON,MMC Deputy City Clerk City Clerk CECELIAT.WEBB,CMC Assistant Deputy City Clerk February 19, 2014 Michael M. Cline, State Coordinator Virginia Department of Emergency Management 10501 Trade Court North Chesterfield, Virginia 23236 Dear Mr. Cline: I am enclosing copy of Resolution No. 39861-021814 confirming the City Manager's declaration of a local emergency; conferring emergency powers in the City Manager as Director of Emergency Management; authorizing the City Manager to make application for Federal and State public assistance to deal with such emergency; designating a fiscal agent and an agent for submission of financial information for the City; and calling upon the Federal and State governments for assistance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, February 18, 2014. 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of February, 2014. No. 39861-021814. A RESOLUTION confirming the City Manager's declaration of a local emergency; conferring emergency powers in the City Manager as Director of Emergency Management; authorizing the City Manager to make application for Federal and State public assistance to deal with such emergency; designating a fiscal agent and an agent for submission of financial information for the City; and calling upon the Federal and State governments for assistance. WHEREAS, the Council of the City of Roanoke finds that the City has a local emergency and disaster because of a major winter snow event which began on Wednesday, February 12, 2014, and will result in significant costs to the City in dealing with the effects of this disaster; WHEREAS, pursuant to the provisions of Section 44-146.21, Code of Virginia, on February 18, 2012, the City Manager as Director of Emergency Management, declared a local emergency commencing on February 12, 2014, which City Council must confirm at its next regularly scheduled meeting, or at a special meeting within fourteen days of such declaration; and WHEREAS, a condition of extreme peril existed which necessitated the declaration of the existence of a local emergency. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council confirms that a local emergency existed throughout the City of Roanoke commencing February 12, 2014. 2. The Council hereby ratifies and confirms that, during the period of the emergency confirmed by this resolution, the City Manager, as Director of Emergency Management, possessed and held those powers, functions, and duties prescribed by the Code of Virginia (1950), as amended, the City of Roanoke Charter of 1952, as amended, the Code of the City of Roanoke (1979), as amended, and the Emergency Operations Plan approved by this Council, in order to further the public health, safety, and welfare, address the needs of the people of the City of Roanoke, and mitigate the effects of such emergency. 3. The City Manager is hereby authorized for and on behalf of the City to execute applications for Federal and State public assistance as is necessary and proper to meet this emergency and to provide to Federal and State agencies for all matters relating to Federal and State disaster assistance the assurances and agreements required by the Federal Emergency Management Agency and other agencies of the State and Federal government. 4. The City's Director of Finance, is hereby designated as the City's fiscal agent to receive, deposit and account for Federal and State funds made available to the City to meet the emergency declared by this resolution, and is hereby designated as the City agent for executing and submitting appropriate documentation and information regarding Federal and State reimbursement for this emergency. 5. The Council calls upon the Federal and State governments to take steps to afford to the City of Roanoke public aid and assistance as is necessary and proper to meet this emergency. 6. The City Clerk is directed to forward an attested copy of this resolution to the State Coordinator of Emergency Management. ATTEST: City Clerk. 41' 441/4 amenn; CITY COUNCIL AGENDA REPORT February 18, 2014 Honorable Mayor and Members of City Council: Subject: Declaration of Local Emergency On February 11, 2014, Governor McAuliffe declared a state of emergency for the Commonwealth of Virginia due to the forecast of a major winter storm event. The winter storm event that commenced on February 12, 2014, and ended on February 13, 2014, resulted in snow accumulations ranging from 18 to 24 inches in the City of Roanoke, depending upon location. Cost of recovery from this snow event and state of emergency is yet to be determined, however, the costs of response and recovery will have a significant impact on the City of Roanoke. As City Manager and Director of Emergency Management for the City, I hereby declare a local state of emergency to exist within the City of Roanoke and request City Council confirm this action by approval of the attached resolution. This action is based on information received from the Chief of Fire-EMS, acting as the City's Emergency Management Coordinator. 7n r: , Christopher P. Morrill City Manager c: Council Appointed Officers ./ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of February, 2014. No. 39862-021814. AN ORDINANCE to appropriate funding from the sale of the Huff Lane School site to the Round Hill Expansion project, amending and reordaining certain sections of the 2013-2014 School 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 School Capital Projects Fund Appropriations be, and the same are hereby, added, amended, and reordained to read and provide as follows: Appropriations Appropriated from General Revenue 31-065-6037-9003 $ 1,430,396 Appropriated from 1998 VPSA Funds 31-065-6037-9368 304,604 Revenue Sale of Huff Lane 31-065-6037-6037 1,735,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ^r). DCy%) City Clerk 44.or . . !f CITY COUNCIL AGENDA REPORT rr. Flm To: Honorable Mayor and Members of City Council Meeting: February 18, 2014 Subject: Appropriation Request of the Proceeds from the Sale of the Huff Lane School Site to the Round Hill Elementary School Expansion Capital Project Background/Considerations: In March 2012, the City of Roanoke (City) entered into an agreement for the sale and redevelopment of a portion of the Huff Lane School Site (Tax Map # 2370101 , subsequently subdivided) with NDRA II, LLC of Chester, Virginia. The agreement, as amended, contemplated a closing on or before February 14, 2014. The sale was completed on February 12, 2014 and the City received payment of $1 ,735,000 (Huff Lane Sale Proceeds). The City has committed to improving the remaining portions of the Huff Lane property with new facilities - shelter, restroom and concession stand, the re-purposing of the existing tennis courts for multi-sport use and the replacement of the playground. In accordance with City financial policy, funds from the sale of surplus property are allocated to the Economic and Community Development (E&CD) Reserve and require appropriation for utilization. Roanoke City Council has voiced its support that the proceeds from the sale of the City owned property be used for Roanoke City Public Schools (RCPS) capital projects. As a result of official School Board action at its February 1 1 , 2014 meeting, the School Board approved its FY14-FY19 Capital Improvement Plan (CIP) which included a desire to utilize the Huff Lane Sale Proceeds as funding for the Round Hill Elementary School expansion project. The Round Hill expansion project includes a new cafeteria, kitchen and gymnasium, 26 additional classrooms, the renovation and expansion of several Round Hill facilities and the relocation of the playground and existing modular classrooms. Additional funding for the project will be provided by future debt issuance. Recommended Action: Adopt the accompanying budget ordinance and appropriate funding from the E&CD Reserve to the Round Hill Expansion project in an account to be established in the School Capital Projects Fund by the Director of Finance. Anir . Shawver Director of Finance Distribution: Council Appointed Officers Rita D. Bishop, Superintendent, RCPS Steve Barnett, Assistant Superintendent for Operations, RCPS Margaret Lindsey, Executive Director of Fiscal Services, RCPS 2 „x, ,, 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 I'%mail: elerk(Mroanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk February 19, 2014 Cindy H. Poulton, Clerk Roanoke City School Board Roanoke, Virginia Dear Ms. Poulton: I am enclosing copy of Budget Ordinance No. 39863-021814 to appropriate funding from the Federal and Commonwealth governments 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, February 18, 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 (25( IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of February, 2014. No. 39863-021814. AN ORDINANCE to appropriate funding from the Federal and 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-William Fleming 302-110-1305-0400-307H-61100-41129-3-01 $ 929 Social Security-William Fleming 302-110-1305-0400-3071-61100-42201-3-01 71 Testing Fees 302-110-0000-1000-107H-61100-45584-3-01 28,710 Substitute Teachers 302-110-0000-1000-331H-61100-41021-9-01 1,327 Social Security 302-110-0000-1000-331H-61100-42201-9-01 102 Food 302-110-0000-1000-331H-61100-46602-9-01 251 Revenues State Grant Receipts 302-000-0000-0000-307H-00000-32712-0-00 1,000 Federal Grant Receipts 302-000-0000-0000-107H-00000-38330-0-00 28,710 State Grant Receipts 302-000-0000-0000-331H-00000-32712-0-00 1,680 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Y‘(-)1 . rerr) City Clerk. VI I LI ROANOKE CITY PUBLIC SCHOOLS Strong Students.Strong Schools.Strong City. February 18, 2014 School Board Todd A. Putney Chairman The Honorable David Bowers, Mayor 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, February 11, 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 STEM Teacher Recruitment and Retention Cindy H. Poulton Incentive 2013-14 $1,000 Clerk of the Board Advanced Placement Test Fee Program 2013-14 $28,710 Doing What Works Implementation Program 2013-14 $1,680 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 Or G iCk' CITY COUNCIL AGENDA REPORT t, To: Honorable Mayor and Members of City Council Meeting: February 18, 2014 Subject: School Board Appropriation Request Background/Considerations: As the result of official School Board action at its February 11 , 2014 meeting, the Board respectfully requested that City Council appropriate funding as outlined in this report. The STEM (Science, Technology, Engineering, and Mathematics) Teacher Recruitment and Retention Incentive Program 2013-14 grant of $1 ,000 is a pilot program which provides continuing incentive awards for qualified teachers who have completed the second year of teaching with a satisfactory performance evaluation in a qualifying subject area. This Program will be fully reimbursed by state funds. This is a new program. The Advanced Placement Test Fee Program 2013-14 grant of $28,710 reimburses school divisions for a portion of the costs of AP testing fees paid by the school division on behalf of low income students to increase the participation of low income students in Advance Placement classes and testing. This Program will be fully reimbursed by federal funds. This is a new program. The Doing What Works Implementation Program 2013-14 grant of $1 ,680 provides funds to pay fourteen substitute teachers so that regular Special Education teachers can attend a two day training seminar entitled "Reducing Behavior Problems in the Early Childhood Classroom". This Program will be fully reimbursed by state funds. This is a new 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. pn awve r Director of Finance Distribution: Council Appointed Officers Rita D. Bishop, Superintendent, RCPS Margaret Lindsey, Executive Director of Fiscal Services, RCPS 2 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 E-mail: clerk@roanokeva.gov JONATII AN E.CRAFT,CMC STEPHANIE M.MOON,MMC Deputy City Clerk City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk February 19, 2014 Cindy H. Poulton, Clerk Roanoke City School Board Roanoke, Virginia Dear Ms. Poulton: I am enclosing copy of Budget Ordinance No. 39864-021814 to appropriate funding from Grandin Court Plumbing Project to the Round Hill Expansion Project, amending and reordaining certain sections of the 2013 - 2014 Capital Projects Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, February 18, 2014, and is in full force and effect upon its passage. Sincerely, Itti_212.,:s., yrto,...) 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 18th day of February, 2014. No. 39864-021814. AN ORDINANCE to transfer funding from Grandin Court Plumbing project to the Round Hill Expansion project, amending and reordaining certain sections of the 2013-2014 School 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 School Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from 2012 Bonds 31-065-6037-9338 $ 99,090 Appropriated from 2012 Bonds 31-065-6057-9338 ( 99,090 ) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: *tai--40:j_X\e') City Clerk. I LI ROANOKE CITY PUBLIC SCHOOLS Strong Students.Strong Schools.Strong Cry. February 18, 2014 School Board Todd A. Putney Chairman The Honorable David Bowers, Mayor 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, February 11, Annette Lewis 2014, the Board respectfully requests that City Council approve the Lori E. Richard Willis Willis request to close the existing Grandin Court plumbing project and move the remaining funds to the ongoing Round Hill project as Dr. Rita D. Bishop follows: Superintendent Cindy H. Poulton Revised Appropriation Changes Clerk of the Board Grandin Court Plumbing Project ($99,089.94) Round Hill Expansion - Phase 1 $99,089.94 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 Todd A. Putney p: 540-853-2381 f: 540-853-2951 P.O.Box 13145 Roanoke,VA 24031 www.rcps.info ROANOKE CITY SCHOOL BOARD Roanoke,Virginia CAPITAL REQUEST Existing projects: Original Changes Final Expense Description Budget Requested Budget 31-065-6057-0851 Grandin Court Plumbing Project $ 233,167.00 $ (99,089.84) $ 134,077.16 31-065-6037-9060 Round Hill Expansion-Phase I $ 745,000.00 $ 99,089.84 $ 844,089.84 $ 978,167.00 $ - $ 978,167.00 6' ....0,-,,.... CITY COUNCIL AGENDA REPORT ys� To: Honorable Mayor and Members of City Council Meeting: February 18, 2014 Subject: School Capital Projects Fund Transfer Request Background: On March 13, 2012, Roanoke City Public Schools (RCPS) approved its summer of 2012 project work which included approval for a Grandin Court Elementary plumbing project. The project was financed by Series 2012A General Obligation bonds. The Grandin Court project was approved based on preliminary estimates which included the cost of running a sewer line from the school to the street. Subsequently, the Western Virginia Water Authority (WVWA) installed this sewer line at no cost to RCPS. Considerations: As a result of the decreased cost for the Grandin Court plumbing project, there remains $99,090 in Series 2012A General Obligation bonds funds that are available for transfer. RCPS has identified another project, the Round Hill Expansion project, as an appropriate use of these remaining bond funds which is within the capital project parameters for which the bonds were issued. The Round Hill Expansion project is a multi-phase project that is expected to span multiple fiscal years. Original Revised Increase/ Project Account Number Estimate Estimate (Decrease) Round Hill Expansion-Phase I 31-065-6037-9338 $ 843,000 $ 942,090 $ 99,090 Grandin Court Plumbing Project 31-065-6057-9338 233,167 134,077 ( 99,090) Total $1,076,167 $1,076,167 - Recommended Action: Adopt the accompanying budget ordinance to transfer remaining Series 2012A General Obligation bonds funding in the School Capital Projects Fund between the Grandin Court and the Round Hill Elementary School projects. ELI 4��i • AN H. 'A 'ER Director of Finance Distribution: Council Appointed Officers Rita D. Bishop, Superintendent, RCPS Steve Barnett, Assistant Superintendent for Operations, RCPS Margaret Lindsey, Executive Director for Fiscal Services, RCPS 2 February 12, 2014 Honorable Mayor and Members of City Council: The Mill Mountain Advisory Committee formally requests an agenda slot on the City Council Agenda February 18, 2014 at the 2:00 Session. The purpose of the request is to formalize the status of the Committee as a Standing Committee. This issue was addressed by Council last year. As requested, we have submitted our work report, attendance record and work plan to Council. We were instructed to return after a year of continued compliance with By-Laws and Rotating Terms. Thank you, Nancy V. Dye Chairman, Mill Mountain Advisory Committee 1801 Prospect Road Roanoke VA 24014 540 989 4118 Nancy.dye57 @gmail.com ANNUAL REPORT OF MILL MOUNTAIN ADVISORY COMMITTEE July 2012-June 2013 ATTENDANCE: (SEE ATTACHED RECORD FOR VERIFICATION) 7/26/12 100% (6/6) 9/27/12 100% (6/6) 10/25/12 100% (6/6) 1/24/13 88% (7/8) NOTE: There was some confusion by a newly 3/28/13 78% (7/9) appointed member accounting for an absence at the January and March Meetings. 5/23/13 45% (4/9) NOTE: This meeting fell on Memorial Day weekend and many members were traveling. We were aware of this in advance, and the members who were able to attend wanted to meet even without a quorum. Attendance Summary: The attendance (excusing the confusion of a new member regarding the term of appointment) would be 100% for four of six meetings, and one member absent for the remaining meeting. The 5/23/13 meeting the week of Memorial Day points to the issue of meeting during a Holiday week. We forgo our November meeting for this reason. We will address the May meeting under new business at our September 26, 2013 meeting to discuss scheduling in the future. No member has been absent three consecutive meetings which would cause them to vacate their position. Work of Committee: Review and Revision of By-Laws Review and Coordination of Mill Mountain Constituents: This committee provides a needed opportunity for the Constituents of Mill Mountain to meet, discuss and coordinate activities. *Parks and Recreation, Discovery Center, Mill Mountain Zoo, Mill Mountain Greenway events, Mill Mountain Garden Club, Trail Coordinators all identify needs and work together to solve problems and support one another. *Christine Elder, Recreation Specialist, spoke at Mill Mountain Garden Club *Mill Mountain Garden Club signs dedicated, new Outdoor Classroom. *Initiation of Prospect Road Project: Funding sought from City, Blue Ridge Marathon, and others. Tree work and partial rock work to be performed by City. *Compilation of History of Prospect Road including photographs, newspaper articles, etc. This is used for presentations to groups. (Over 10 presentations to date) Further follow up to be done by Steve Buschor and Street Department. *Attended City Council Meetings to preserve the Committee. Delay in filling three new positions was also a challenge, but we welcomed new members by March 2013. *Request to City for Signage on Walnut Avenue to direct tourists to Mill Mountain Park. (GPS directs them up Sylvan Road which is closed). Signs are currently in process of being installed on Fishburn Parkway and Blue Ridge Parkway. Sign at Sylvan is pending per City Street Department. Request to City to request correct GOOGLE maps, GPS etc. Information provided to City on invasive weed, Arundo. *Met with Donnie Underwood on Long Range Planning for Prospect Road. Estimates for Scope of Work and Cost obtained. *Mill Mountain Garden Club Signs dedicated---interpretive Sign: Chestnut-Tree of Hope" underwritten by Glenn, Feldmann, Darby and Goodlatte. *Derby Day Gala proceeds directed to Mill Mountain Zoo as result of needed income being communicated at earlier meeting. ($15,000) *Continued request to Urban Forester for tree work, however budget constraints and emergency work have delayed this work. Mr. Buschor to seek matching grant for the forestry work. *Review of Annual City Budget, with emphasis on Mill Mountain Constituents. *Encouraged attendance at Zoo events---nice to see Committee members there with their families and friends. *Promoted work of Garden Club of Virginia's 80`h Anniversary Historic Garden Week in Virginia. *Addressed Trash Dumping on trails and Illegal Campers on Mill Mountain. *Reviewed work of other City Committees, attendance. Committed to maintaining our work and excellent attendance record, especially after three vacant positions were filled. *Nominated the Blue Ridge Marathon for the 2013 Commonwealth of Virginia FLITE (First Lady's Initiatives Team Effort)Award. We have been notified that they were a winner this year and will receive a $2000 grant at the Annual FLITE Reception at the Executive Mansion in Richmond on October 24, 2013. *Initiation in cooperation with North Cross School of the Mill Mountain Day. After spending a day on Mill Mountain, a portion of the proceeds raised by the School's students will benefit Mill Mountain. (Note: Students also volunteered in the Mill Mountain Garden Club Wild Flower Garden.) The work of Mill Mountain Advisory Committee is an important service to the City of Roanoke. We spend no City revenue. Our constituents help oversee, improve and preserve the treasure that is Mill Mountain. By working together, we are able to support one another's' organizations and bring our resources for the good of the City. Plan for Future Agenda: Achieve Standing Committee Status through City Council Funding Request for Prospect Road Jointly work together to enhance Mill Mountain Zoo Status: North Cross Mill Mountain Day, consider Zoo Month including Octoberfest, etc. Increase emphasis on partnering with the Community to raise awareness, support and funds. Respectfully Submitted, Nancy V. Dye, MD Nancy V. Dye, MD Chairman, Mill Mountain Advisory Committee October 10, 2013 Contact Information: Nancy V. Dye 1801 Prospect Road Roanoke VA 24014 540-798-4620 nancy.dye57 @gmail.com COMMITTEE VACANCIES/REAPPOINTMENTS February 18, 2014 VACANCIES: Unexpired term on the Fair Housing Board ending March 31, 2016. Unexpired term on the Roanoke Public Library Board ending June 30, 2014. Unexpired term on the Roanoke Neighborhood Advocates ending June 30, 2015. Term of office as a City representative of the Blue Ridge Behavioral Healthcare, Board of Directors ending December 31, 2016. Five terms of office on the Parks and Recreation Advisory Board ending March 31, 2017. CITY OF ROANOKE ys ��'. CITY COUNCIL w 4'i i 215 Church Avenue,S.W. Nod C.Taylor Municipal Building,Suite 456 ,^1S, 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 R.Lea Anita J.Price Court G.Rosen David B.Trinkle February 18, 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, February 18, 2014. Best wishes for a successful meeting. Sincerely, (-44,61;q744a0 Anita J. Price Council Member AJP/ctw S BLUE RIDGE L A N D C O N S E R V A N C Y A RESOLUTION David C.Perry Executive Director Concerning the Conservation Leadership Shown by Meagan R.Cupka The City of Roanoke, Virginia Project Manager Passed by the Blue Ridge Land Conservancy BOARD OF TRUSTEES Whereas, the City of Roanoke recognizes that one of its greatest Sandy Light strengths is its unique outdoor and natural amenities; and President Stephen M.Claytor Whereas, these amenities contribute to an outstanding quality of life Vice President for its citizens, and those of the surrounding region, by providing F.Fulton Galer recreational opportunities, scenic views, local food, animal habitat, Treasurer clean air and water, and a combination of urban and rural living not Whitney H.Feldmann found elsewhere; and Secretary M.Rupert Cutler Whereas, these amenities contribute to economic development in the Lucy R.Ellett City of Roanoke and the surrounding region by attracting new Peter M.Fellers Broaddus C.Fitzpatrick businesses, talented employees, and entrepreneurs who seek an Quinn Graeff outstanding quality of life for themselves, their families and their William M.Hackworth g q y Robert H.Hunt employees; and Anne M.Jennings Betty Lesko Samuel B.Long Whereas, the Cit y of Roanoke demonstrated its commitment to J.W."Bill"Mason protecting it most important natural amenities by placing conservation David N.Maxson Linda W.Pharis easements on Carvins Cove Natural Reserve in April of 2008 and Janet Scheid September of 2009, limiting development in the park and protecting a world-class destination for hiking and mountain biking, as well as a ADVISORY COUNCIL major source of drinking water for the Roanoke Valley; and Liza T.Field Talfourd H.Kemper Whereas, the City of Roanoke also placed a protective conservation Robert B.Lambeth,Jr. Barbara B.Lemon easement on Mill Mountain Park in June of 2010, limiting Stephen W.Lemon development in the park and protecting the City's iconic landmark, Jeanne M.Martin John B.Williamson,III which affords residents of the Roanoke Valley and visitors exceptional recreational opportunities and hundreds of acres of forest Pcoton,e 722 First Street SW,Suite L Roanoke,VA 24016-4120 Phone/Fax(540)985-0000 www.blueridgelandconservancy.org 0'® Promoting the conservation of western Virginia's natural resources-farms,forests,waterways,and rural landcapes within the city limits, and serves as the scenic backdrop for much of the Roanoke Valley; and Whereas, in 2013 the Piedmont Environmental Council included both Carvins Cove Natural Reserve and Mill Mountain Park in its book, "For the Love of the Land: 100 Conservation Stories From Across Virginia," which highlights one outstanding conserved property in each of Virginia's legislative districts; Therefore, the Board of Trustees of the Blue Ridge Land Conservancy does hereby pass this resolution commending the City of Roanoke for being a leader both statewide and nationally in land conservation, and providing an example for all communities to follow that value preserving their natural character for today's citizens, and for all those who in the future will call those places home. APPROVED FEBRURY 5, 2014, ROANOKE, VIRGINIA Y ' ' RAJA' _in/ Whitney , eldmann, Secretary l 4, CITY OF ROANOKE "'" OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.,Suite 456 Roanoke,Virginia 240114536 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 February 19, 2014 Richard White, Agent L.M.W., P.C. 102 Albermarle Avenue, S. E. Roanoke, Virginia 24013 Dear Mr. White: I am enclosing copy of Ordinance No. 39865-021814 repealing certain proffers and rezoning property located at 1919 10th Street, N. W., from Light Industrial District 0-1(c)) to Commercial-General District (CG(c)), with conditions, as set forth in the Zoning Amended Application No. 3 dated February 12, 2014. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, February 18, 2014; and is in full force and effect upon its passage. Sincerely, rel-Lnits hn , nett./ Stephanie M. Moon, MMC City Clerk Enclosure pc: Paul Sigmon, 2015 Knollwood Road, S. W., Roanoke, Virginia 24018 Matthew O'Bryan, P. O. Box 20453, Roanoke, Virginia 24018 Gay Randolph, 953 Hunt Avenue, N. W., Roanoke, Virginia 24012 Kevin and Heather Kissner, PLK Investments, P. O. Box 613, Daleville, Virginia 24083 Richard White, Agent L.M.W., P.C. February 19, 2014 Page 2 pc: Roy Smith, 945 Hunt Avenue, N. W., Roanoke, Virginia 24012 Alvin West, 3910 Tennessee Avenue, N. W., Roanoke, Virginia 24017 Johnson Properties of Roanoke, 1603 Westside Boulevard, N. W., Roanoke, Virginia 24017 Glen Forren, 6032 Oriole Lane, S. W., Roanoke, Virginia 24018 Tessa Leak. 929 Hunt Avenue, N. W., Roanoke, Virginia 24012 Robert Johnson, 1603 Westside Boulevard, N. W., Roanoke, Virginia 24017 Carl Garner, 921 hunt Avenue, N. W., Roanoke, Virginia 24012 Robert and Cathy Johnson, 179 Andrew Drive, Troutville, Virginia 24175 White Pine Development, LLC, P. O. Box 2705, Roanoke, Virginia 24001 Janet Collins, 903 Hunt Avenue, N. W., Roanoke, Virginia 24012 Carliss Evans, 7278 South Barrens Road, Apartment 103, Roanoke, Virginia 24019 Roanoke Redevelopment and Housing Authority, P. O. Box 6359, Roanoke, Virginia 24017 Valley Properties, LLC, 3330 Hollins Road, N. E., Roanoke, Virginia 24012 Mary Parsons, 16 Windsor Lane, Daleville, Virginia 24083 Nelson Vest, 1007 Hunt Avenue, N. W., Roanoke, Virginia 24012 Dr. Jeanette Manns, President, Washington Park Alliance for Neighborhoods, 1826 10th Street, N. W., Roanoke, Virginia 24017 The Honorable Brenda S. Hamilton, Clerk of Circuit Court Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Ann H. Shawver, Director of Finance Steve Talevi, Assistant City Attorney Philip Schirmer, City Engineer Susan Lower, Director, Real Estate Valuation Rebecca Cockram, Secretary, City Planning Commission i\ ' IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of February, 2014. No. 39865-021814. 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 repeal certain proffers and to rezone certain property within the City, subject to a condition proffered by the applicant; and dispensing with the second reading of this ordinance by title. WHEREAS, JMB Investment Company, LLC has made application to the Council of the City of Roanoke, Virginia ("City Council"), to repeal certain proffers pertaining to property located at 1919 10th Street, N.W., bearing Official Tax No. 2060534, and to have such property rezoned from Light Industrial District, with conditions (1-1(c)), to Commercial-General District (CG(c)), subject to a certain condition; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2-540, Code of the City of Roanoke (1979), as amended, considered Zoning Amended Application No. 2, as amended by the applicant at the public hearing held on February 11, 2014, and after conducting the public hearing on the matter, has made its recommendation to City Council; WHEREAS, all of the applicant's requests which the City Planning Commission considered at the public hearing on February 11, 2014, is contained in a Zoning Amended Application No. 3 dated February 12, 2014; WHEREAS, a public hearing was held by City Council on such Zoning Amended Application No. 3 at its meeting on February 18, 2014, after due and timely notice thereof 1 as required by §36.2-540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject property, and for those reasons, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that proffers accepted by City Council on September 24, 1984, with the adoption of Ordinance No. 27204, and on February 5, 1996, with the adoption of Ordinance No. 32816-020596, are hereby repealed, and that Official Tax No. 2060534 located at 1919 10th Street, N.W., be, and is hereby rezoned from Light Industrial, with conditions (1-1(c)), to Connnercial-General (CG(c)), subject to a certain condition proffered by the applicant, as set forth in the Zoning Amended Application No. 3 dated February 12, 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. City Clerk. it 2 4 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: February 18, 2014 Subject: Application by JMB Investment Company, LLC to rezone the property and repeal conditions proffered as part of a previous rezoning at 1919 10th St., N.W., bearing Official Tax No. 2060534. The application is to rezone the property from Light Industrial District (I-1), with conditions, to Commercial-General District (CG), with conditions. Recommendation The Planning Commission held a public hearing on Tuesday, February 11 , 2014. By a vote of 5-0, the Commission recommended approval of the rezoning request, finding the Amended Application No. 2, as amended at the hearing, is consistent with the City's Comprehensive Plan, Harrison/Washington Park Neighborhood Plan, and Zoning Ordinance as an underutilized property will be redeveloped for an active use in a manner appropriate to the surrounding neighborhood. The applicant filed Amended Application No. 3 that encompasses the changes made at the hearing to Amended Application No. 2 on February 12, 2014. Application Information Request: Rezoning and Amendment of Proffered Conditions Owner: Susan W. Williams, Executor Applicant: JMB Investment Company, LLC Authorized Agent: Richard White, LMW PC City Staff Person: Katharine Gray, Land Use and Urban Design Planner Marcus Huffman, Intern Site Address/Location: 1919 10`h St. NW Official Tax Nos.: 2060534 Site Area: 3.08 Acres Existing Zoning: I-1 (c), Light Industrial (with conditions) Proposed Zoning: CG(c), Commercial-General (with conditions) Existing Land Use: Motor vehicle or trailer painting and body repair Proposed Land Use: Retail sales establishment, not otherwise listed Neighborhood Plan: Harrison/Washington Park Neighborhood Plan Specified Future Land Use: Light Manufacturing Filing Date: Original Application: July 5, 201 3 Amended Application No.1 : July 26, 2013 Amended Application No. 2: January 09, 2014 Amended Application No. 3: February 12, 2014 Background General Welding and Machine Company operated a business on the site from 1961 until a fire destroyed its facility in 2012. Prior to General Welding, the site had been used for other industrial operations dating to at least 1942. The zoning of the property in 1961 is not clear as this area was annexed in 1949, between the adoption of the 1932 zoning ordinance (1928 zone map) and the 1966 zoning ordinance and associated zoning map. With the comprehensive rezoning of the City in 1966 the property was located in a RD, Duplex Residential District, General Welding's operation represented a nonconforming use under the 1966 zoning ordinance. In 1984, the property was rezoned from RD to LM, Light Manufacturing with very strict conditions, making general Welding's operations conforming. In 1996, the proffered conditions were amended in regards to outdoor advertising signs. The current proffered conditions require existing structures to be painted and repaired; require-landscaping and maintenance per a site plan; dated August 8, 1984; limit the size and number of outdoor advertising signage boards on the property; prohibit the expansion of the existing buildings or erection of new buildings and limit the use of buildings to existing uses. Operations ceased on the property in 2012 after a fire destroyed the facility and have not been resumed. In June 201 3,JMB Investment Company, LLC met with staff in regards to rezoning the property for a retail sales establishment. The current zoning and proffered conditions limit the property's use to the use that existed before the fire in 2012. In July 201 3, JMB Investment Company, LLC, filed an initial rezoning application followed by an amended application. The application has been continued at the request of the applicant several times to allow time to deal with the legal issues surrounding the death of the owner, the existing outdoor advertising signs on the property, and two outdoor advertising signs destroyed in the 2012 fire. In January 2014,JMB Investment Company, LLC, filed Amended Application No. 2. The applicant desires to clear the site and develop a retail building on the western third of the property as shown in the development plan. The remaining two-thirds of the property are proposed to be used for future neighborhood commercial development. In February 2014,JMB Investment Company, LLC, filed Amended Application No. 3. The application encompasses changes made to the proffered development plans in the Planning Commission Public Hearing on February 11 , 2014. The changes addressed previous staff and Planning Commission comments. Conditions Requested for Repeal and Proffered by the Applicant The Applicant hereby requests that the following proffered conditions adopted through the enactment of Ordinances 27204 and 32816-020596 be repealed as they pertain to official tax no. 2060534: 2 1 . The structures presently erected as the rezoned property will be painted and repaired, and the surrounding areas will be landscaped and maintained as shown on the site plan dated August 8, 1984, attached as Exhibit D to the petition filed in 1984, and considered by City Council on September 24, 1984. 2. Outdoor advertising signage on the property will continue on the existing boards without any increase in size or number of outdoor advertising boards, 3. The structures presently erected on the rezoned property will not be enlarged or expanded; new structures will not be erected upon said premises; nor will the present use of said buildings be changed. The applicant proffers that the Property will be developed in substantial conformity with the development plan prepared by LMW, PC Engineering, Exhibit A and B, dated February 11 , 2014; Exhibit C, dated June 18, 2013; and building elevation plan prepared by Rick Jack Architect, Exhibit D dated February 11 , 2014, copies of which are attached 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 1-1 , Light Industrial District Vacant with Single-family with R-5, Residential Single-Family detached dwellings beyond 1-581 District/RM-1 , Residential Mixed Density District beyond 1-581 South RM-1 , Residential Mixed Density Single-family detached dwellings District East RMF, Residential Multifamily District Multifamily dwellings West RM-1 , Residential Mixed Density Vacant and Single-family detached District dwellings Compliance with the Zoning Ordinance: The proposed rezoning of the property is to CG, conditional, with proffered uses and development standards that are reflective of the CN zoning district. The CG zoning district allows the outdoor advertising structures that are on the property to remain as a conforming use while the CN uses and development standards that are listed on the proffered development plans ensure that the development of the property is a neighborhood-scaled, pedestrian-oriented development. The buildings will be located close to the street, with pedestrian-scaled signage, main entrances oriented to the street frontage sidewalk, windows or display cases along building facades which face the street, and significant building coverage of the front portion 3 • of the site (the rear portion will remain vacant and could be used for additional development in the future). Although parking areas may be provided, they are generally limited in size and are deemphasized by their location on the site. The conditions go above and beyond the requirements of the Zoning Ordinance. The proffered development plan includes 12 feet of right-of-way to be dedicated along Levelton Avenue. This additional right-of-way is needed to accommodate a street configuration appropriate to the neighborhood per the City's Street Design Guidelines. Conformity with the Comprehensive Plan and Neighborhood Plan: Both Vision 2001-2020 and the Harrison/Washington Park Neighborhood Plan emphasize the Importance of preserving the existing neighborhood village centers. Village centers typically occur throughout the city at approximately half mile increments. The VDOT 10th Street project will remove a good portion of the neighborhood village center at lath Street, N.W. and Andrews Road, N.W. The majority of the property zoned neighborhood commercial district that remains in the village center is located in the floodway and floodplain, further complicating development of a village center. A neighborhood retail store previously existed on one of the properties that have been removed from use through the VDOT 10th Street project. This property is one of the few large pieces of property remaining in the neighborhood without residential development. The industrial use on the subject property existed for many years. The neighborhood plan designated the property for light manufacturing in the future land use plan based on the continued existence of this operation. While a rezoning would be inconsistent with the future land use plan, a neighborhood commercial center may be appropriate in the general vicinity along 10th Street. It may also be appropriate given the proximity to residential development and particularly the higher density development southeast of the site. Generally, village centers should be surrounded by higher density residential areas. Relevant Vision 2001-2020 policies: • NH P2. Neighborhoods as villages. Neighborhoods will function as villages, offering opportunities to live, work, shop, play, and interact in a neighborhood setting. Neighborhood-oriented commercial activity will be encouraged in well-defined village centers. • NH P3. Neighborhood Plans. The City will adopt neighborhood plans for all neighborhoods. Neighborhood plans will address land use, zoning, transportation, infrastructure, neighborhood services, and the development of village centers and recognize those neighborhoods with architectural and historic value, among other issues. (excerpt) 4 Design Principles: SMALL VILLAGE/NEIGHBORHOOD CENTER • Function: The center serves the immediate neighborhood. It is located on a major thoroughfare. The center may contain neighborhood-serving commercial and office spaces such as a gas station/convenience store, small shops, and offices. • Scale: The village center is one block in length. Commercial and office uses are located on both sides of the street. The surrounding neighborhood is primarily two- to three-story residential single-family houses. Apartments will be located in converted older homes. • Design Schematic: Small Village/Neighborhood Center. • Land Uses: Existing buildings are renovated, and new mixed-use infill is added within the block to permit retail on the first floor with office and commercial uses on the second and third levels. • Traffic: On-street parking is added during off-peak hours. An articulated crosswalk in brick identifies the area as "pedestrian friendly" and is a reminder to motorists to slow their speed. • Parking: Off-street parking is added to the rear of the buildings. The parking is paved and well lighted. Retail stores have rear entrances to encourage patrons to utilize the parking lots. • Buildings: New buildings in the village center are not set back and must have 75% glass on the first floor to create visual attractiveness. Awnings, canopies, and other facade improvements are encouraged for existing buildings. Residential uses are permitted on the second floor of the commercial buildings. • Streetscape: An area identity is created by careful use of plant materials, lighting, street furniture, and signage. Relevant Harrison/Washington Park Neighborhood Plan Policies: Community Design Policies • Roanoke will implement zoning patterns that allow for and encourage the Harrison and Washington Park neighborhoods to be mixed-use urban neighborhoods with opportunities for housing, employment, and services for all ages, races, and incomes. • The Harrison and Washington Park neighborhoods are recognized as having unique architectural and historic value to the city. Therefore, Roanoke must ensure that future development is compatible with the neighborhood fabric. 5 • Encourage attractive streets that support auto, pedestrian, and bicycle transportation modes. • Encourage development of a village center at Tenth Street and Andrews Road. (This can no longer occur due to the changes listed previously, but a village center is still appropriate in this vicinity of the neighborhood.) Economic Development Policies • Support, retain, and expand businesses that are compatible with neighborhood character and scale. • Encourage good relationships between commercial and residential development through thoughtful site and building design, landscaping, and transitional uses. Public Services • Encourage Crime Prevention Through Environmental Design principles in new development, while respecting good urban design principles. The future land use plan contained in the Harrison & Washington Park Neighborhood Plan designates the property for light manufacturing; however, a land use change may be justified at this location because it would reduce the intensity of use in close proximity to residential uses and would be neighborhood-serving. The neighborhood plan should be amended through a public process to determine whether the extent of future neighborhood commercial development is limited to this parcel or expansion to a more significant village center should be considered. It is important that any development that occurs here is in keeping with the principles of commercial neighborhood development with the design addressing placement, scale, massing, primary entrance, windows, and materials that area reflective of the neighborhood character. City Department Comments: Significant comments regarding Amended Application No.2 • Show street trees and street yard trees along 10th St. NW along with site distance and utility location information • Show what is proposed in civic yard space and location of it along 10th St NW • Provide information about sign on development plan standards: freestanding sign shall be 0.5 sf per If of lot frontage and 6ft maximum height; building mounted sign shall be 32 sf plus 0.5sf per If of building face or storefront over 321f, plus additional area per 36.2-677,illuminated or changeable copy sign permitted 6 • Show shrubs along residential property line in addition to trees • Change note to: Developer proposes to demolish existing structures and concrete pads on the site and seed and straw ENTIRE site before a certificate of occupancy is issued for any building on the site • Note any change to existing fencing and/or proposed fencing on the plan • Change note on elevations to: Aluminum window wall system with clear glass AND AN UNOBSTRUCTED VIEW TO BUILDING INTERIOR • The vestibule indicated on the storefront, if used, must include an entrance facing 10th Street. • Show parking calculations on development plan Comments regarding Amended Application No.1 • Side of building is important in future development along Levelton. Therefore, it should have a masonry facade, parapet, and articulation on building facade along entire length that is more reflective of a primary facade. Please see attached photos of corner buildings in neighborhood commercial village centers. • Required glazing on the primary facade is to be 50%. 60% of glazing shall be located between 2-8' from finished floor beginning at no greater than 3' above finished floor. Glazing to be transparent. • Required glazing on the secondary facade (Levelton) to be 25%. • Move building up to maximum setback or install civic yard space. • R.O.W. on Levelton too narrow to support neighborhood commercial area. Dedication of 12'-0" required along Levelton to accommodate 5' sidewalk, 4' planting strip, curb and gutter, and additional pavement. Please see attached drawing. • Site plan and elevation drawings of rear of building should correlate. Public Comments: Responses to Amended Application No.2 Robert Johnson Sr. called to state that drainage is a concern in this area and any plan must address this issue. 7 Responses to Amended Application No.1 Rick Williams, 1626 10th Street, N.W. contacted staff with the concerns summarized below: • The building form and placement should provide some real enduring value for the neighborhood so it can be adaptively reused in the future. • Dollar stores can adapt to existing buildings, so they should be able to modify their model. Amount and arrangement of window on parking lot and Levelton sides are "horrible." • The building should have a reasonable public face fronting Levelton. The front door should be properly scaled and clearly oriented toward 10th Street, meaning that even if it faces the parking lot side there should be some sidewalk street treatment that draws pedestrians on 10" Street toward the entrance (like Roanoke Natural Foods building on Grandin) • The Riverland Road Dollar General and the Dollar General recently built on Brandon Ave. west of Edgewood are not acceptable examples of a building for 10th Street. • Dollar General should honor the intention of the city to protect its NDD neighborhoods by voluntarily adhering to the principles of those regulations. • Opposes stringing out CN along 10th Street in favor of clustering CN uses at the location where the neighborhood plan indicates [at Brown- Robertson Park]. The Washington Park Neighborhood Alliance sent a memo to staff. The memo cited these concerns: • Opposed shifting village center from 10th Street near Andrews Road. Such a change should trigger a neighborhood plan revision that includes opportunity for public input. • Appearance of building on Levelton frontage is of a blank wall. • Allowing two thirds of the property to develop without leverage of proffered conditions. • The business should commit to hiring people from the neighborhood. Staff shares concern with the neighborhood about haphazard expansion of commercial zoning in the 10th Street Corridor without a holistic review of the corridor, including neighborhood input. However, the 10`h Street Corridor project is far from completion and a corridor planning study would be more appropriately completed closer to the realization of the project end. 8 In the case of this particular property, since the adopted neighborhood plan specifically recommends the property for industrial use, a downzoning to support neighborhood scaled commercial development that is otherwise consistent with the general goals of the plan is deemed to be appropriate. As no future development is shown on the proffered plan, any further development will be subject to amendment of the proposed conditions and will be subject to public comment and hearing. Planning Commission Work Session II (January 24. 2014) • List or show more information regarding freestanding sign • Additional trees along buffer to residential properties is desired • Seed and straw the entire site • Provide information regarding fencing on the property Planning Commission Work Session I (luly 26, 2013) • Building character should reflect neighborhood character such as commercial buildings in Raleigh Court area. It currently does not. • Clean-up of lot should be tied to completion before final C.O. for building. Planning Commission Public Hearing Discussion: • None. • The applicant amended their application before the commission to replace the development plans in their application with Exhibit A and B, dated February 1 1 , 2014 and Exhibit D dated February 1 1 , 2014. Planning Commissioners voted unanimously to accept the amendment to the plan. Chad Van Hyning, Chair i City Planning Commission 9 cc: Chris Morrill, City Manager R. Brian Townsend, Assistant City Manager Chris Chittum, Direct or Planning Building & Development Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Susan W. Williams, Executor Gene Brown, JMB Investment Company, LLC Richard White, LMW, P.C. 10 Zoning Amendment a CEIIIE _S-71 Department of Planning,Building and Development *ROA N O K E Room 188.Noel C.Taylor Municipal Building Cm of ROANOKE 215 Church Avenue,S W. PLANNING BUILDING AND DEVELOPMENT Roanoke,Virginia 24011 Phone (540)853-1730 Fax (540)853.1230 Date 12112/pat 1 Submittal Number I Afw goEo A?PucArad 1#3 1 ❑Rezoniog,.NotOtharwisa.Listed IQ Amendment of Proffered Conditions 0 Rezoning, Conditional ❑Amendment of Planned Unit Development Plan ❑Rezoning to Planned Unit Development ❑Amendment of Comprehensive Sign Overlay District ❑ Establishment of Comprehensive Sign Overlay District alititakilifirl Address: I 1919 1Om v 1 RECr/ NW -------- — I Official Tax No(s)., I .2060 53 di } Existing Base Zoning. Q'01rdh Conditions (If multiple zones,please manually enter s8 districts.) I- 1 1 ❑ Without Conditions Ordinance No(s).for Existing Conditions(If applicable): 17-2-;720 Li J 3281G-020S% ) Requested Zoning: {CG (C / .1 Proposed Land Use: N I Name. �- � ^ -_C�,ge J Phone Number. �-ijp tin- 26 7 Address, fog$ tJ L.Q ,a,ur, - �y� _�j_, . az— nilb�_1 E-Mail. , acdtme pots Ara", ni Property Owner's Signature Name I JMF3 1 ti ttechneht Co 7,.,.u c.-. I Phone Number I$¢S•7tf0 -1'084 Address A ei b47 E ceGLtft )5 A Dr - S 20/ E-Mail: f igeyeoSc - __ 17 +�b/own.ce •licant's Signature: Gene 1-f .P5 roust, --- — Name: I '&4%4 0 014(M e LM tJ/.PC. FNG Phone Number: I S90-3v-061s 1 Address�i- Af ertit'1' Avg S6 . , VA "1.1-Mall istotme0 Wore.hest. 1 Authonzed Agent's Signature: Zoning Amendment App: cation Checklist air. , ;, --.5..47 r -, ROANOKE r Completed application farm and checklist. F Wntten narrative explaining the reason for the request. F Metes and bounds description,if applicable. r Filing feed F Conceptplarrmreetingthinkppfi`cebon Requirements of item'2(0'in Zoning Amendment Procedures. r Written proffers. See the City's Guide to Proffered Conditions. r Concept plan meeting the Application Requirements of item'2(c)'in Zoning Amendment Procedures. Please label as 'development plan'If proffered. F Development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. r Comprehensive signage plan meeting the requirements of Section 38.2-336(d)(2)of the City's Zoning Ordinance. r Amended development or concept plan meeting the Application Requirements of tern 2(c)'in Zoning Amendment Procedures, if applicable. r Written proffers to be amended. See the City's Guide to Proffered Conditions. F Copy of previously adopted Ordinance. r Amended development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. F Copy of previously adopted Ordinance. r Amended comprehensive signage plan meeting the requirements of Section 362-336(d)of the City's Zoning Ordinance. r Copy of previously adopted Ordinance. *AS F A Traffic Impact Study in compliance eAtiet 1P k with Appendix B-2(e)of the City's Zoning Ordinance. (Fer; " .1eteafra�e be 'ta� .. r F Cover sheet. ��_ a � _ ...a<�;�°'°N&�hl�e 6e• F Traffic impact analysis. F Concept plan. F Proffered conditions,If applicable. F Required fee. *An electronic copy of this application and checklist can be found at www.roanokeva.govlpbd 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. 4 ' ( ) July 10,2013 Ms.Katharine Gray,Architect land Use&Urban Design Planner laming,Building&Development City of Roanoke 215 Church Avenue,S.W.Room 166 Roanoke,Virginia 24011 RE: 191910th Street,N.W. Rezoning Consent LMW Comm.#4031A Dear Ms.Gray, I,Mr.Floyd A.Williams,am entering into an agreement to give MB Investment Companies,LW(Purchaser)consent to apply for an Amendment to the official Zoning Map,as a contract Purchaser,of a 3.08 acre parcel located at 1919 10'h Street,N.W. Roanoke,Virginia,tax map number 2060534. Signed ' / (1:75h' / Z/ 1017 FIo A.Williams, Owner Date Just Financial Planning 5403891616 f2 CERRTIFICA'174211TR OF QUALIFICATION Court File No CWFI30000137 00?O IONWEALTH OP MAGMA '1A CODE§§6.7495,621171 6 2.1365,6 7.1367,6121011,66.2306,64.2-617 Salem City Circuit Court I,the duly qualified clerk/deputy clerk of this Court,CERTIFY that an September 9, 2013 DAr Susan W.Williams wasmess tsootiscoAtzsmo duly qualified iq this cant,under applicable provisions of/ass,as E:ecator of the;stat:of yd Anthony WQyama tt�A&m Cv2)1a ❑DCAPAQTA7t 'be powers of the fduciary(ies)tamed above condone m full force aed effect 5228.000,00 bond has beet posted Given under my hand and the seal of this Court on September 9.2013 DATE Chance CAwford,Clerk . by A" 1 "Icf — — Deputy Clerk FORK CC-625 MASTFR:V12 AMENDED APPLICATION #3 NARRATIVE REZONING APPLICATION AND REMOVAL OF EXISTING PROFFERED CONDITIONS TO: PLANNING-BUILDING-DEVELOPMENT-OI THE"CITY-OF-ROANOKE FROM: JMB INVESTMENT COMPANIES, LLC DATE: JULY 5,2013, AMENDED FEBRUARY 11,2014 AMENDED JULY 10,2013, AMENDED JANUARY 2,2014 SUBJECT: REZONING OF APPROXIMATELY 3.08AC OF EXISTING PARCEL FROM I-1 (C)TO CG WITH PROFERRED CONDITIONS REMOVE EXISTING PROFFERED CONDITIONS FROM PROPERTY 1919- 10TH STREET,N.W.,ROANOKE,VIRGINIA(TAX#2060534) A.) Description of proposed use and development of the property • The applicant proposes to demolish three(3) existing structure,concrete pads and remove truck bodies and parts used previously in a manufacturing business. The subject property currently has signage easement granted to Lamar Advertising. JMB proposes to rezone the entire parcel from I-1(c) to CG with Proffered Conditions. (See Exhibit A). A retail business consisting of a 9100°r building and associated parking area will be constructed on approximately 1.10Ac of the west end of the parcel and the remaining 1.98Ac will be retained for future CG with Proffered Conditions zoned use. LM Ws s#403 I A REZONING APPLICATION 1919- 10th Street,N.W. (TAX#2060534) Roanoke,Virginia Page 1 B.) Justification for the change • General Welding And Machine Company, Inc. has operated as a business on the site since 1961, until a fire destroyed the facility in 2012. The site was used for industrial use for the last fifty-two(52)years. • The property was zoned RD, Duplex Residential District prior to 1961. In 1984, an application was submitted to rezone the land from RD to LM, Light Manufacturing with Conditions. • The 1984 rezoning included the following conditions: a. The structures presently erected on the rezoned property will be painted and repaired, and the surrounding areas will be landscaped and maintained as shown on the site plan dated August 8, 1984 attached as Exhibit D. b. Outdoor advertising leases now in existence expiring August 1994 will not be renewed upon expiration; nor will future leases be entered into. Future signage for the rezoned property will be in accord with the requirements of the Code of the City of Roanoke,Virginia. c. The structures presently erected on the rezoned property will not be enlarged or expanded; new structures will not be erected upon said premises; nor will the present use of said buildings be changed. With the existing proffered conditions, only one use category for the property exists and the type of structure that can be rebuilt is only what was previously on the property before the fire. LM W's#4031A REZONING APPLICATION 1919- 10th Street,N.W. (TAX#2060534) Roanoke,Virginia Page 2 • JMB Investment Companies, LLC proposes to demolish existing structures and clean up, seed and straw the entire site,build a viable and tax generating retail business on approximately 1.10Ac of the west side of the site that fronts on 10th Street. The remaining 1.9r of the site would be available for other CG with Proffered Condition Zoned uses.The CG zoning would allow for Outdoor Advertising Signage that currently exists on the site. • The rezoning of the 3.08AC property from I-1(c) to CG and elimination of proffered conditions would be considered a "Down" Zoning of the property to a less intensive use. The retail use would also be more conducive to the neighborhood and bring a regional price point to the products being sold. • This proposal to rezone the 3.08AC property to CG and eliminate proffered conditions to construct a retail building would provide following benefits: - Clean up an existing derelict property and make it marketable. - Retail Store would be a community destination for purchase of items at regional price points. - Property available for additional Commercial uses and Limited Residential Options. C.) Effect of the proposed amendment on the surrounding neighborhood (e.g. traffic generation) • Aesthetically, the rezoning will allow the property to be cleaned up and a viable community friendly business added to the neighborhood. In time, the area not developed would be available for future CG with Proffered LMW's#403IA REZONING APPLICATION 1919- 10th Street,N.W. (TAX#2060534) Roanoke,Virginia Page 3 Conditions use. This proposal is an efficient use of the land, and provides a less intense use of the property. • The addition of the retail business will generate thirty-seven (37) trips per hour/peak hour and four hundred eight (408) total trips per day. Per City Requirements,—a Traffic lmpact—Analysis—/ Sttrdy—is required is a proposa generates an increase in traffic of more than one hundred (100) vehicle trips per peak hour or one thousand (1,000)vehicle trips per day. Peak Hour 37< 100 Per Hour 408< 1000 Therefore, a Traffic Impact Study will not be required. • The proposed retail business will generally have four(4) employees on-site at any one time. This is not a significant change that would impose new or unexpected demands on the water and sanitary sewer systems. Therefore; the systems remain adequate for the proposed business. • The existing site is mostly impervious areas, buildings, pavements, and compacted stone. This proposal will improve the site by reducing impervious area and adding landscaping. This will reduce stormwater runoff and improve water quality. D.) Availability of other similarly zoned properties in the general area and in the City • The subject property is currently Zoned I-1 and is surrounded by properties Zoned RM-1 and RMF. • The closest property that is currently Zoned CN are seven (7) parcels located approximately 1100'south of the subject property at the intersection of 10th Street LMW's#4031A REZONING APPLICATION 1919- 10th Street,N.W. (TAX#2060534) Roanoke,Virginia Page 4 and Andrews Road. This area is designated as a Village Center in the City's Comprehensive Plan. However, the majority of these lots are located in the 100- year floodplain. This makes the construction of permanent structures very difficult. E.) Relationship of the proposed amendment to the City's Comprehensive Plan and Neighborhood Plan • The proposed rezoning will alter the Harrison /Washington Park future land use plan in a good way. The Rezoning of the subject property will "Down" Zone the 3.08"c property from I-1(c) to a less intense CG with Proffered Conditions Zoning. The proposed retail business will be located on approximately 1.10"c fronting on 10'h Street on the west side of the property. The approximately 1.98"c remaining would be available for CG with Proffered Conditions Zoned uses. • Rezoning of the 3.08AC property to CG with Proffered Conditions will allow the existing Outdoor Advertising Signage to be a permitted use . (See Exhibit A) • This proposal will only slightly alter the conformity to the Comprehensive Plan (Vision 2001-2020). The Rezoned site would provide Commercial Neighborhood Type uses with limited residential options. LM W's#4031A REZONING APPLICATION 1919- 10th Street,N.W. (TAX#2060534) Roanoke,Virginia Page 5 ZONING AMENDMENT APPLICATION#3 1919 10TH STREET, NW TAX#2060534 Amended July 10,2013/Amended December 5,2013 Proffered Conditions to be Repealed TheAppl scant.hereby_requestthat_the_following proffered conditions-adopted through-the--------------- enactment of Ordinances 27204 and 32816-020596 be repealed as they pertain to official tax no. 2060534: 1. The structures presently erected as the rezoned property will be painted and repaired, and the surrounding areas will be landscaped and maintained as shown on the site plan dated August 8, 1984,attached as Exhibit D to the petition filed in 1984, and considered by City Council on September 24, 1984. 2. Outdoor advertising signage on the property will continue on the existing boards without any increase in size or number of outdoor advertising boards. 3. The structures presently erected on the rezoned property will not be enlarged or expanded; new structures will not be erected upon said premises; nor will the present use of said buildings be changed. Proffered Development Plan (To be Adopted) The Applicant proffers that the Property will be developed in substantial conformity with the development plan prepared by LMW, PC Engineering, Exhibit A & B dated February 11, 2014, Exhibit C dated June 18, 2013, building elevation plan prepared by Rick Jack Architect, Exhibit D dated February 11, 2014 and Proffered Conditions included on Exhibit A, copies of which are attached to this application, subject to any changes that may be required by the City during comprehensive development plan review. LMWs#403 IA REZONING APPLICATION 1919- 10th Street,N.W. (TAX#2060534) Roanoke,Virginia Page 6 1919- 10TH STREET,N.W. ROANOKE, VIRGINIA TAX#2060534 LEGAL DESCRIPTION BEGINNING at the intersection of the South side of Levelton Avenue (also known as 22 foot road) and the East sideoflOthJtreet Extension formerly called 30 foot road); thence with the South side of Levelton Avenue, S. 65° 28' E. 852.7 feet to a point; thence leaving Levelton Avenue, 24° 32' W. 153.6 feet to an old iron pipe corner, thence N. 65° 57' W. 754.8 feet to a point; thence N. 57° 26' 50" W. 109.10 feet to a point on the East side of 10th Street Extension; thence with the East side of the 10th Street Extension, N. 29°04'E. 7.1 feet to a point on the East side of 10th Street Extension; thence still with the East side of 10th Street Extension, N. 28° 30' E. 138.0 feet to the place of BEGINNING; and being as shown on plat showing survey paopaty of General Welding & Machinery Co., Inc., made by C. B. Malcolm & Son, S.C.E.'s dated October 3, 1964. w it - i! IN 11E CUUNCTL OF TIIE CITY OF ROANOKE, VIRCJNIA The 24th day of September, 1984, + No. 27204 . AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 206, Sectional 1976 Zone Map, City of Roanoke, in relation to Zoning, subject to certain conditions. WHEREAS, application has been made to the Council of the City of Roanoke to have a certain tract of land known as 1919 Tenth Street, N.A., fronting on Leveltoa Avenue, N.W., and Tenth Street, N.N., and designated as Official Tax No. 2060534 rezoned from RD, Duplex Residential District, to LM, Light Manu- facturing District; and WHEREAS, the City Planning Commission has recommended that the hereinafter Idescribed land be rezoned from RD, Duplex Residential District, to LII, Light I Manufacturing District; the said rezoning to be subject to the conditions iproffered by the applicants in their second amended application for rezoning; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 36-541, Code of the City of Roanoke (1979), as amended, relating to Zoning, have been published And pasted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 10th day of September, 1984, at 7:30 p.m., before the Council of the City of Roanoke, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and see M,LL we It 24011 , I I WHEREAS, this Council, after cunslduring the aforesaid application, the recommendations made to the Council and matters presented at the public hearing, is of opinion that the hereinafter described land should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the_City of Roanoke-the Sections 36-3 and 36-4, Code of the City of Roanoke (1979) , as amended, re- lating to Zoning, and Sheet No. 206 of the Sectional 1976 Zone Map, City of IRoanoke, be amended in the following particular and no other, viz: I1 Property fronting on Levelton Avenue, N.N., and Tenth Street, N.W., described as 1919 Tenth Street, N.W., designated on Sheet 206 of the Sectional 1976 Zone Nap, City of Roanoke, as Official Tax No. 2060534 be, and is hereby, changed from RD, Duplex Residential District, to LM, Light Manufacturing iDistrict, subject to the conditions proffered by and set forth in the applicant I isecond amended application for rezoning, and that Sheet No. 206 of the aforesai map be changed in this respect. iATTEST: f I � , / .. IJ _ City Clerk / T �� N erne • a lift PCt tay,tt•a•Pt. VA 240t1 RECEIVEn CITY C' - `I,:&. VIRGINIA: '84 NJ 16 P2:48 IN THE COUNCIL OF THE CITY OP ROANOKE ) RE: Rezoning of a tract of land lying and ) SECOND being in the City of Roanoke, Virginia, ) ARMED fronting on Levelton Avenue, NW and ) PETITION Tenth Street, NW and designated as ) TO 3.076 acres Watts Land Map, from RD ) REZONE Duplex-Restdential District, to LM—) t Light Manufacturing ) ) TO THE HONORABLE MAYOR AND PROBERS OP THE COUNCIL OP THE CITY OF ROANOKE: 1. The petitioner, General Welding d Machine Company, Inc., a Virginia corporation, owns a certain tract of land located in the City of Roanoke, Virginia, containing 3.076 acres, fronting on Levelton Avenue, NW, and Tenth Street, NW, bearing address of 1919 Tenth Street, NW, and legal description of 3.076 acres, Watts Land Map, and designated on Roanoke City Appraisal Map as Official Tax Number 2060534; the said tract is currently Boned RD, Duplex f Residential District. Maps of the property to be rezoned, along with the adjoining property, are attached as Exhibits A and B. 2. Pursuant to Article VII of Chapter 36, Code of Virginia of the City of Roanoke 1979, as amended, the petitioner requests that the said property be rezoned from RD Duplex Residential District, to LM Light Manufacturing District 3. The petitioner believes that the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will be consistent with the character of the adjoining property and the area, in general, particularly in light of the ' conditions stated below. 4. The petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and the petitioner "vita 3551 „so ✓rout,rt. VA.24011 will abide by, the following conditions: IA. The structures presently erected on the rezoned property will be painted and repaired, and the surrounding areas will be landscaped I and maintained as shown on the site plan dated August 8, 1984 attached as Exhibit D. B. Outdoor advertising leases now in existence expiring August, 1994 will not be renewed upon expiration; nor will future leases be entered into. Future signege for the rezoned property will be in accord with the requirements of the Code of the City of Roanoke, Virginia. C. The structures presently erected on the rezoned property will not be enlarged or expanded; new structures will not be erected upon said premises; nor will the present use of said buildings be changed. WHEREFORE, the petitioner requests that the above described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. IRespectfully submitted, =Hen WELDING i MACHINE COMPANY, INC. I By: ue Counsel Plate _p_ R[W.[RO MY wtu an. A 240)1 r:•.. ....:::::.• i: :::•*---44:11,p. .. ...:::::. :........:..1...•.:c ill r.• ::142":".21.1::::::: lt . f • ta W , 001111111111111111111. 1 09.011111.# au I .--sil is resort?: gif 1 1 -trrrs.�G . . _ ; , nn Nyp• it M..I:fan' _1411 . 000 y; ®• . Ire •\n• it SIC S= _' •' ?• • • -'•'• 1. t-"•• , , ��f �� • N S IN , i r r 2I1•41.4.24•0 Z•�ytil/ /1;11/141 `nu f aye r t� •t t is:„...........il llgr I • 1 +y:. •w fir. • • 1 • • .s CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Chinch Ammo S.W..1oom 456 Roanoke Voila 24011-15% MARY R ,Cite/AAR X540)224.33145541 City Clerk SANDRA H. EAKIN Deputy cry Ck t February 7, 1996 File#51-514 Edward A Na Attorney O and Agee, P.sterhoudt, FerC usoA, Nab, Aheron 1919 Electric Road S. W Roanoke, Virginia 24018 Dear W. Natl: enclosing copy of canoe No. 32816-020596 a !nerd Pursuant to Ordinance No. 2704 a Ph the previous rezoning of 2060534, subject to Via!specific proffers 8irsst,more fully described conjunction with rezoni the Ric ProAbrs as more tut set forth on of the i ond� s on Tuesday,32816420596 January Cowl the effect t ten days following second 6 1996? 1 ,l�be�in adopted ruts by Sincerely, Maly F.City , CRAC/AAE AfiFP:srn Enc WIEMPAIMIS Edward A. Nett February 8, 1998 Page 2 pc: Me. Mary V. Kreger, 915 Hunt Avenue, N. W., Roanoke, Virginia 24012 Ms. Nettie C. Ayers and Ms. Flora Kelly 1704 Tenth Street, N. W., Roanoke, Virginia 24012 . Mr. William E. Newblli and Ms. Lorraine M. Mitchell, 913 Hunt Avenue,Jt. ,, Roanoke, Virginia 24012 Ma. Frances J. Snyder, 417 Fieldale Road, N. W., Roanoke, Virginia 24012 Mr. Canis Evans, c.b Mr. Carnes reborn, 839 Hunt Avenue, N. W., Roanoke, Vugkta 24012 it Paul R. Sigmon, duo Ms. Paula Palement, 2015 Knollwood Road, S. W., Roanoke, Virginia 24018 Ms. Martha F. Dooley, 2018 Tenth Street N. W., Rom, Virginia 24012 End K Ms. ira.Alien R Calhoun,2024 Tenth Street, N. W, Roanoke, Virginia 24012 Mr. James Keeney, 2032 Tenth Street, N. W., Roanoke, Virginia 24012 Neva J. Smith, Executive E. 1�Street N. W, Roanoke, Wrginia 24012 Q 2824 Salem Turnpike, N. W, Roanoke, Wglriia 7�and Authority, At and Mts. John Carrington, 19457 Zinnia Cinte, Ge nnantown, Maryland 20876 Ms. Gay B. Randolph, 953 Hunt Avenue, N. W., Roanoke, VirgkWa 24012 it H. B. Hodges, Jr., P. O. Banc 8814, Roanoke, Virginia 24014 At Roy S. Smith, 945 Hunt Avenue, N. W., Roanoke, Virginia 24012 At Alvin J. West, 1818 Melrose Avenue, N. W, Roanoke, Virginia 24017 Mr. and Mrs. Ralph Hicks, 937 Hunt Avenue, N. W, Roanoke, Virginia 24012 it and Mrs. Glen Fomen, 8032 Oriole Lane, S. W, Roanoke, Virginia 24078 Ms. Flora tally, 929 Hunt Avenue, N. W., Roanoke, Virginia 24012 Mr. Mr.. CCa'S L Garner,Jr.,1�Avenue, N. w WRa , Virginia Virginia 012 John R. Marilee, Chief, Planning and Community Development Martha P. Franklin, Secretary, City Planning Commgeion kmairo s.e IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of February, 1996. No. 32816-020596. AN ORDINANCE to amend 5536.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 206, Sectional 1976 Zone Map, City of Roanaka,In—order-to amend—certain—tndit one presently binding upon certain property previously conditionally zoned LM, Light Manufacturing District. WHEREAS, James B. Young and Betty M. Young, filed an application to the Council of the City of Roanoke to amend certain conditions presently binding upon a tract of land located at 1919 Tenth Street, N.W. , being further identified as Official Taax No. 2060534, which property was previously conditionally rezoned by the adoption of Ordinance No. 27294, .adopted September 24, 1984; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by 536. 1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on January 16, 1996, after due and timely notice thereof as required by 536.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the conditions now binding upon the above-described property should be amended as requested. THEREFORE BE rm.oRDAIuED by the—Counct3—af—the C ty of Roanoke that 6836.1-3 and 36. 1-4, Code of the City of Roanoke (1979), as amended, Sheet No. 206 of the Sectional 1976 Zone Map, City of Roanoke, be amended, and Ordinance Ho. 27204 be amended, to reflect the following proffers that (1) The structures presently erected as the rezoned property will be painted and repaired, and the surrounding areas will be landscaped and maintained as shown on the site plan dated August 8, 1984, attached as Exhibit D to the petition filed in 1984, and considered by City Council on September 24, 1984, (2) Outdoor advertising signage on the property will continue on the existing boards without any increase in size or number of outdoor advertising boards, and (3) The structures presently erected on the rezoned property will not be enlarged or expanded; new structure, will not be erected upon said premises; nor will the present use of said buildings be changed. ATTEST: City Clerk. woman) ek Kingston ( 0. Bonsi Medley 68 117 rot 3 1221` P _ ) ;' $ H • 116 CEP 1 , --' 1 Q 1 � C' . .','. F,-_,,::;-1,-_.1‘ � , ( l, 101 ya. K V age 2.. rq TAke 'q""\ 3 6. Sal" TOP NW HINGTONrPARK ALT -a °. 11 it Sheer^doah Ave NW 116 22 P e 8 d 'f9 &IMP GAInsBo to ,,,ems 0. Z 11 M g h Norwich 0 oh 2! • ------ Park \ .. 634 t /"-, 1.le - . 11111 --- ._/ `f-R 0 'NA N % f l Evergreen 'r�1p TI} Burial Park Drre RLE 43 Park 220 a �yL� 00 Lakewood � cra^dt^ Alrine Park �p+e-1,Yy Riverdale Hill Park CPS'"- -Edge P Fishhum 668 Park / -C ' tei} ee11I t ° tea. • ♦ ICJ4V, ° e i /(/ ��. eIRTry,', et, IBL s! I ss.I I is VICINITY MAP j It r _ I !! 12.00' DEDICATED FOR NEW R.O.W. NO SCALE PROPOSED CURB 1 °n- _L.E V E L T.0_N . A V E-N•ILE — . - - " -- . - . . sr_ ..— r �r .• PROPOSED s' _ , , ;" �" i. i. --r — . . — - — I } SIDEWALK ,/ r i _ . . — • FK BUILDING STANDARD �I , /A FisE�MENr R°ye ,q ffi 0- VDOT �I altarnRe+ewerrswse�ssl C. / lie BILLBOARD l/gIM SIGN IAm (sah ACAS I K a 1_ ENTRANCE � � l! �tyyFp�1� ,.i.ioa Sr In I Q'y SU N- / ' II NEW FENCE ' a�,En�1 CMNNE� NEW t�I I FEltyE z Y ql'--II O a / I I 7 I, SECTKIN : —.1-N (REMOVE) I 1 FENCE to _..-.f." i i N TO !I�<EWNN i ; 0 O ___ FENCE ECIIDN L.-- I�qqqI...II -I I i l l l l l I I I I i au_ y `J p-1, rD II ;I I I I I I 1 I I I I , ' I i I_al �,i -----L-- i I I I I I I I I I I I __ I I l al I I I�1 z I 1 PROPOSE BUILDING: PROFERRED CONORIONS I-- Q { MFG Er o°X a CG Zoning with CN Type Uses and Dimensional Regulations w s 3 HEIGHT-20R PERMMED USES Wa[sies DIMENSIONAL REGULATIONS GENERAL NOTE 0. I PARKING SPACES PROVIDED:25 Business service eetsbl.Amanl.nd amenwe listed Mang amWnd Leong. 200 O nee 1. Ending fence along 10.SL and 00 PROPERTY INFORMATION ADDRESS: financial ssjni Hide end Wen oenw Levalton Ms that be rereeved. UI 1 191910TH STREET laaval.ry,Eedel,mMbl.uoptlul IbQe� Fvdyrd OI/Nn 2. Fence ebg southeast cans, 4>l TARN:2060530 CI onOb Outdoor AtivatlpnY sign Government does or oder Ou'amment tardy,rp P Mgt a Menem e5a (see Exhibit A) a ZONING: L s- tabn setaElYMenl,cat dtl.reW bred olhervAn a Pedesidss suss:Required 3 (see ExhM9 and EXISTING:I-1(C) llwetla W[ 4VIMssseelemrmudcaMn.faddy,eMeM MWmmquMhNfjid ro 15.000 a1 hdl6rq.nioo Mda11ne a11Y he 19 PROPOSED ZONING:CG WIPROFFERS(3.OSAC) Mbed4be IMMbp R s51tns.l T traps ems L RutleM manager apartment 1 -Upper Fla 0% per CN zoning requirements mwnhlb MCP EE daft wu Oar MII./w ar. r• 1 Cern N, 4031.1A rein 1 d e I 1f.I a:T --% Oil PER YARD SEC. MEM PROPOSED A S P H A L T L E V E L T O N A V E N U E 1si butt' TREES PER ZONING SEC. 362-317 PROPOSED 4' TREE AND GRASS BUFFER PROPOSED 5' SIDEWALK - W ![iS{TiRP. fIYYYY%/./Yflf�F l /�!°1.91�15:.. I11�.16::-t F :-0�_O�!'.:_ '.L: }!r ` Iwo_ ( ±; /f r ///// 7////// 20yt2r.".- al b\- VSBILITY EASEMENT DEDM�TED i FOR NEW LOADING hr R.O.W. I _ • • I DOLLAR RO GENERAL I _ . . ¢¢� 0- 30' I 70'-0' X 130'-0' 3T AREA — _ — - C K NEW LOT 1.07 AC SPLIT FACE W W , ill =a / tg&Z " �ti', /////////// // D'XUNP6IER BILLBOARD g N w IN / .J I' SIDEWALK (Br IAMAR AovERnsINC) Q o 1 I Nit:._, � I l 1 —CONNECT NEW FENCE N O§°_' 13 J 1 re D D N EXISTING FENCE SECTION CO 0 a �. Z I 8'210' SIGN - a 0 gg LL �_ I id I PROPOSED ASPHALT + . — • — • {` '�I I- 25 SPACES s ./ 10' PRGPOSm w T----- ---- �ir --_ -v! r STORMWATER EASEMENT l a $ 35 -4 ` . •1 I I� •!_- _ C L �'�_ 1 - L I -'; _ - — E I i NEW FENCE SECTION ' B•TREESC SHRUBS I SfORMWA R EASEMENT i lI O. i H I ((EE1(I51 Na FENCE SECTION ION I I r PARKING CALCULATION Z CO I I I- I I PARKING RED.: 1SP/250SF RETAIL AREA LU S ' I i i i PARKING RED.: 7,300SE X 15P/250SF = 295E 0.f REDUCTION FOR PROXIMITY TO PUBUC TRANSIT (80%); 0 W 0.80X29=23SP W i I I I PARKING PROVIDED: 255P I I ^ I i ____ - - - -I I NOTE 0 I DEVELOPER PROPOSES TO DEMOLISH EXISTING I STRUCTURES AND CONCRETE PADS ON THE SITE; SEED I i i AND STRAW THE ENTIRE SITE, BEFORE A CERTIFICATE OF m ' OCCUPANCY IS ISSUED FOR ANY BUILDING ON SITE. o.°�'°,� °Y MCP o_ c,A I 02011n4 w I I I I I Canu.Ib �4031A or 2 of 2 illi MI g1 �g N-,, 07.'20o I Q.41 0 ii,.3/ _�S?\• 0 =ryfOO �� s, \ CFV A. 460. F� 44 o VISIBILITY EASMENTS � .v1\.fir J \ T 0 N _ .s\. .r6S?� F iv w w N5j'\ 7oa�°.�,- If w 0 sc\SO Po. . N C z CL 53w \ \ '".....\e\, o Jo �.5> \ as' w 3 a 2a56�� `p)1,3� 500.`\` Q � s REZONE FROM PI(C) a h.' \ \ TO CO W/PROFFERS s� Soos6• �5?a. z O 3.08 AC 1, _00. u. 00 \ \ \ VISIBILITY EASMENTS \ `\ Z \ a \ h w 5 0 aa O s \ 8 a t V K h \ " rot / CI Oran N MV or_MY.WMb 3_ Wlb_J own SJ. IN,n WNW 3 d 0 4 P P 4 4 4 r ig r W! ; } _ tf 3 a II111I���IiIIII�II:Ii FI i . / `• °= I ' It gill, .mow. .,,.w.: ' i right elevation .,o 3. Q Cr) Q ° �a® ® a d - q I Er.__ __ a I I 1 a iu■■■..■■ 0��06Fiii _. //,�i _ Qaux�i •_ te m.hm l�-- c fron»o gn t elevation Q 4 4 /f`% m� 0- 4 I ill 111111111111 1 1 ii ■■■■ ■■-■■■■■r.:■ ■■■■■■■ n■■r.■■■ ■rte ` II■■A ir II -� ...,� _ left elevation aaarwry j li z ii Q Q 4 Q i ' d t§ r I — 11111111 1 q-`i!gi■n �:IIII � inliI JUNE 20 2013 4591.7+4+Wu a rear elevation s Y m. ocwar o ¢ 'A4.F SCALE Harrison/Washington Park Future Land Use SITE auclielfri , ■It . _ii.... 4.::,‘ 14%, *lib\‘ T lii s t —,...„./V.V t. s� Call 1,; \p. \\mot I E: i "". "snot.„ ak' t "tsys,4w f g all • am 1' ' "'y + "°'�.Ir... ofw1/44.., ow—tit 1 E '• r 70. �`'0a. tl I . ...." 1 / c` 1 1, Single-Family Residential Single- and Two-Family Residential Mix Multifamily Residential s.;. Mixed Density Residential N Village Center General Commercial J, Light Manufacturing '(\ r Institutional /Religious Park/Open Space S L M W P.C. F+r...iw amumn ev..ive troy.e.Up 102 Altemale Avenue,S.E. Roanoke,Virginia 24013 Tel:(540)345-0675 Fax(540)342-4456 E mail:knweng©lnevpc.net June 19,2013 Ms.Katharine Gray,Architect Land Use and Urban Design Planner Planning,Building and Development Cin Roanoke 215 Church Avenue,SW,Room 166 Roanoke,Virginia 24011 Re: Retail Sales Establishment 1919- 10th Street Roanoke,VA ITE Traffic Information LMW's Comm.#4031A Dear Ms.Gray: Attached are two (2) ITE Trip Generation Data Sheets for a Free-Standing Discount Store (815). The information from these data sheets will be used to calculate thepeak hour traffic and average daily trips(ADT) into a 9100 SF Gross Area(7300'F Retail Area): Peak How Trafflc One Hour Between 4 and 6 PM' Retail Area-7,300 Average Rate per 1000 SF-5.06 Vehicles Peak Hour=5.06VE1/1000sF x 7,3005F=37 Vehicles Average Daily Triyp(ADD Retail Area-7,300 Avenge Rate per 1000 SF-56.02 Vehicles ADT=56.02 a/1000'F x 7,300sF=408 Vehicles Per City Requirements,project approval is conditional on trip generations below fifty(50)peak hour and five hundred(500)average daily trips. Peak Hour=37<50 ADT=408<500 Therefore,project is approved for traffic flow. tiALTH OF Please contact me with any questions or comments. \--� L� O• Sine ly, W. O RICHARD C. • v WHITE / �' Lic. No.20021 C Richard C. White,PE ��ss/ONAL v.�G2 Free-Standing Discount Store (815) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 8 p.m. Number of Studies: 47 Average 1000 Sq. Feet GFA: 115 Directional Distribution! 50%entering, 50%exiting Trip Generation per 1000 Sq. Feet Gross Floor Area F Average Rate Range of Rates • Standard Deviation 5.06 2.48 - 9.23 2.60 Data Piot and Equation corm . •900 x x.. x x x x X X 7a0 . . xx x x : x.-': • coo .. X . Xlf.' x: _ . X X xx -. : x• x . . . .:...500 x X.:X.. . X: X x x • X % 90e - . . . - -%. . .. . . . . . - . X 200 ' - - . . 30 40 50 50 70 50 50 100 110 120 130 140 150 150 X= 1000 Sq Feet Gross Floor Area X Aai*eels Parse __ Avenge RS Fitted Curve Equation: Nol°Peen it2 a..•• -- -- — . . --....— r_.2e.,,-...... ---- ,.._-.�_--_— -- 0 Generation,7111 Edition 1350 Institute or Transportation Engineers Free-Standing Discount Store (815) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Weekday • Number of Studies: 23 Average 1000 Sq. Feet GFA: 106 Directional Distribution: 50%entering, 50%exiting t —Trtp-Generation-per1000 Sq. Feet Gross Floor Area Avers Rate — -- ---- — f I Average Range of Elates Standard Deviation ({ 56.32 25.53 - 106.8e 19.45 Data Plot and Equation 15,000 • 1ee . . . ... ... . .. . • 13,000 . . . . . . ' 11,00 . . C m ,aeO 0.000 . . . . . . . . . . . . . . . ... . 7,000 X" ' ' co00 x . _ x x x. X S.Om . . . . . . . %� . . . -.. - Xx. • X. - X . . . . .. X ,_.._. _ . . . . . X . .. . X x 2,000 . . - . . . ,. - . . . . x . 1.000 50 60 70 00 e0 100 110 120 170 140 X - 1000 Sq.Feet Gross floor Area X AcIu&MS Paints Average Pets Fitted Curve Egaetlon: Net given R2 z.... %1A Generation,7th f dition 1348 InsatWte of Transportation I ngin0 ers rage 1 o1 H Richard C.White From: 'Wendy Jones'cwrabagix+aba•orp To: rnMRe®Imw.roacoxmell.coms Send: Wednesday,July 10,2013 12:41 PM Attach: DSCO4886a)pp;DSC04690a4g;DSC048a3a4pg Subplot: Dollar General Richard, Thank you for meeting with me about the possible Dollar General on 10th Street. I have thought about this project some. I have also taken the attached pictures of the Dollar General In Fincastle on 220. it has a brick front and looks much better than a metal building. 1 would be in support of this type of construction as long as the brick is visible from 10th Street. Dollar era Gen- !has a great opportunity here to make a positive difference for this neighborhood. A building that looks nice can assist in the lifting of a neighborhood that is In need of some cosmetic attention. Additionally,having a business like this in the area would be an asset to those living nearby. Let me know how the project progresses. Thanks! Wendy/Jones, Executive Director Williamson Road Area Business Association,Inc 4804 Williamson Road;Roanoke,VA 24012 PO Box 7082;Roanoke,VA 24019 Phone: /540)362-3293 Fax:(540)362-5789 www.wraba.ore 12/4/2013 ,..7-04.- t s 77 R t ,%ti'-t- g I.. � � ' s z i ' . �x -ii �y "e„ay b - ," "t%t't? ta-' -' a"es •a ."'e y ,.+' . ? • ' tz x�T Rte.... .v.,...« ' w+ lid" sn' 0y r w V- 3 a. : . . l T:'T '� `w ti •. . w: W • ` 1. • '1 ). 1 { . ( . 1r d _'{i Y -. • nE nnI55bLt 100001111 0254 GRANT OF EASEMENT * UNITFD STATES OF AMERICA " " BY: FLOYD A. WILLIAMS " STATE OF VIRGINIA " TO: TLC T(LC PROPER�TIIE�S, INC. " 0T 'OF ROANOKE This Grant of Easement ("Agreement') is made this I� ' day of September, 2006, by-and between Floyd-A. Williams, whose-address-is-1-919 10's St !+W, Roanoke, VA 24012 ("Grantor"), and TLC PROPERTIES, INC., a Louisiana Corporation, whose address is 5551 Corporate Boulevard, Baton Rouge, LA 70808 (TIN: 72-0640751) ("Grantee"). The Grantor, its successors and assigns, do hereby grant, sell and convey unto Grantee, its successors and assigns, a perpetual easement for the location, construction and maintenance of the outdoor advertising structure or structures and all necessary or desirable appurtenances on, over and upon the following described real property: BEGINNING at the intersection of the South side of Levelton Avenue (also known as 22 foot road) and the East side of 10th Street Extension (formerly called 30 foot mad); thence with the South side of Levelton Avenue, S. 65° 28' E. 852.7 feet to a point; thence leaving Levelton Avenue, S. 24°32' W. 153.6 feet to an old iron pipe corner; thence N. 65° 57' W. 754.8 feet to a point; thence N. 57° 26' 50" W. 109.10 feet to a point on the East side of 10th Street Extension; thence with the East side of the 10th Street Extension, N. 29° 04' E. 7.1 feet to a point on the East side of 10th Street Extension: thence still with the East side of I0th Street Extension, N. 28° 30' E. 138.0 feet to the place of BEGINNING; and being as shown on plat showing survey property of General Welding & Machinery Co., Inc., made by C. B. Malcolm & Son, S.C.E.'s dated October 3, 1964. For and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to Grantor in hand paid by Grantee, the receipt and sufficiency of which is hereby acknowledged, Grantor herein grants a perpetual easement subject to the following terms and conditions: Easement shall consist of a perpetual servitude of use that runs with the land and shall include the right to service, maintain, improve or replace any outdoor advertising structure on the property described. This right shall include but not be limited to a right of ingress and egress, a right of overhang for electrical service, a right to maintain telecommunication devices (including but not limited to MM000u 0255 telecommunications towers and related ground facilities) and a right of view, prohibiting vegetation or improvements on the property described herein that would obstruct the view of advertising structure from the adjoining highway. Grantor agrees that Grantee may trim any or all trees and vegetation in, on or about the Easement as often as Grantee deems necessary to prevent obstruction or to improve the appearance of the structure-Grantee,—its successors and—assigns—hereby—specifically hold Grantor, its successors and assigns, free and harmless from any damages or injuries to any person or property caused by Grantee's construction or maintenance activities on the property described. Grantor warrants that it is the sole record owner of the immovable property over which this Easement is created, that such property is not subject to any mortgages or iens, that such property is not encumbered by any restrictions, easements, covenants, eases or other rights that are in any way conflicting with or inconsistent with the :onveyance herein made, and that Grantor has the right and authority to execute this Eaement and to grant, sell and convey the real rights set forth herein to Grantee. The terms and provisions of this Agreement shall be binding upon and shall i lure the benefit of the heirs, successors, assigns, and legal representatives of Grantor and irantee. �+ /ITNESS this 1' iday of September, 2006. G NTOR: / 1A , ' oy• A. Williams � aQ. 1 \ii3 w as b I >aue 11 antrum 1-is maw M I i - n UMLION AWOL RV .. . ' '' as• r ill a awe ail ma ELanr9. .I AN / �aNXuA n a x �I`= M E __ 4 LAM eue0PAOS I poss.TAT W NIJ . . not LULU. • N 7. 71Sa' 0�20'f s� 1od " �^ a . NE N - I c �-— I MAILOTa11ea1u►a,WPM IRS LO at:URNLW(M; WP MLOT MtLOTNI on ; FATM tar 1I I I I i 1 I g 1 1 1 I I GRAPHIC SCALE 1< of w 2-o ea EXHIBIT SNONNG I n° MT ) EXISTING SIGN LOCATIONS LAMAR OUTDOOR ADVERTISING ON THE PROPERTY OF FLOYD A. WAYS TAX 12080634 INSTRUMENT 060007395 SITUATED ALONG MILTON AVENUE; NW 8 ROAN012, MGM LUMSDEN ASSOCIATES, P.C. ( 46.4 r 6RAMBLETON AVENUE PHONE.W0)774-4411 September 14.'1008 ENGINEERS SURVEYORS-PLANNERS P.O. EAx:tswl772-9«5 ,� ROANOKE,VIRGINIA ROANOIQ•1 �NIA:wIa E-0IAIUAWEa�1Rt50EAlrtOW/ OB24B 1--100. The easement language states "we have a right of view,prohibiting vegetation or improvements on the property described herein that would obstruct the view of advertising structure from the adjoining highway". The ground to the bottom of the sign will be 31'. I have attached our structure drawing shows this height. Please share this email or drawing if it will help. Thanks, Aaron Aaron Brady Lamar Advertising Leasing/Property Manager 1545 Patrick Road Roanoke,VA 24012 Phone,(800)78&9008 Fam1(540)3434570 abradv@tamar,com 64 9855 ! 4,1--- , ._ -.d ". �_ -��� 11 I ; 1 1 1 I. I 11 tr"'1:1-\,, --------_ ----- \___---- -----,-,-.--. _. ...---- II .--- :rnrallags —.moil M 1 L_ f i +_�j� — T�;� II !. II r 7 x III �. .1_ , � � ,. � III- IIII na / d,4,ie ti _ ±( ' f...M.11='...—.. 1w CROSS SEC!IAN NEW y. r�.� ,,, r�rov[[rw ? I. j 5.�.�OtC rc OC/FrLCCh C?�'+ a^,�i w' v/ �,i. •;f"cs Rci riFNnr[ B<('"NOC hCt;NJa10W P � 7. *.. nONS �� . , I \ ,.., ... sr vkL 1 � T® )kN / ,, PROD ',rmi� -,EPoCl�]ORS -J�... ..,n...:coo, `� LAMAR OANJKC vA 1 o -e'e55 ADJOINING PROPERTY OWENERS 1919 10TH ST.,NW TAX IDIP LOCADDR OWNER OWNERADDR1 ILC TY MAINZIPCOD 2060525 0 LEVELTON AVE NW CITY OF REDEVELOPMENT&HOUSING AUTHORITY P.O.BOX 6359 ROANOKE 24017 2060517 839 HUNT AVE NW CARLISS EVANS 7278 BARRENS RD.APT. 103 ROANOKE 24019 2060516 903 HUNT AVE NW JANET M.COLLINS 903 HUNT AVE. NW ROANOKE 24012 2060515 0 HUNT AVE NW WHITE PINE DEVELOPMENT LLC. P.O.BOX 2705 ROANOKE 24001 2060514 913 HUNT AVE NW WHITE PINE DEVELOPMENT LLC. P.O.BOX 2705 ROANOKE 24001 2060513 915 HUNT AVE NW ROBERT&CATHY JOHNSON 179 ANDREW DR. TROUTVILLE 24175 2060512 921 HUNT AVE NW CARL L GARNER 921 HUNT AVE NW ROANOKE 24012 2060511 925 HUNT AVE NW ROBERT R.JOHNSON 1803 WESTSIDE BLVD N ROANOKE 24017 2060510 929 HUNT AVE NW TESSA L.LEAK 929 HUNT AVE NW ROANOKE 24012 2060509 933 HUNT AVE NW GLEN N.&PAT H. FORREN 6032 ORIOLE LN SW ROANOKE 24018 2060508 937 HUNT AVE NW JOHNSON PROPERTIES OF ROANOKE 1603 WESTSIDE BLVD N ROANOKE 24017 2060507 941 HUNT AVE NW ALVIN J.WEST 3910 TENNESSEE AVE.N ROANOKE 24017 2060506 945 HUNT AVE NW ROY S.SMITH 945 HUNT AVE NW ROANOKE 24012 2060505 949 HUNT AVE NW KEVIN&HEATHER KISSNER P.O. BOX 2705 ROANOKE 24001 2060504 953 HUNT AVE NW GAY B.RANDOLPH 953 HUNT AVE NW ROANOKE 24012 2060502 1909 10TH ST NW MATTHEW T.&SALLY G.OBRYAN P.O.BOX 20453 ROANOKE 24018 2060501 1903 10TH ST NW MATTHEW T.&SALLY G.O'BRYAN P.O.BOX 20453 ROANOKE 24018 2141002 0 10TH ST NW MARY C.PARSONS 16 WINDSOR LN DALEVILLE 24083 2141001 0 10TH ST NW VALLEY PROPERTIES 3330 HOLLINS RD. NE A S . ROANOKE 24012 2141012 1007 HUNT AVE. NW NELSON C.VEST 1007 HUNT AVE. NW ROANOKE 24012 • we o � �T 1Y 31 q •.. ,. ,..„ : „.„ . . .� ' ; � qe Itf `5 Y y , .. ` v^ r � t 2 'at, ' H0 F- � ':, �, a �r: t t � r . •M.F TI ,� +f��, ^ y` t• �, ''''s.,sc.: 4k t_ift I #4,, yrA r'1 • de"' A Y ip, tb i ... ,...! y . y. c a '! ^ s vim-. : ,./.4, -. _ `/ it, I .r ,r,.1,'11'7 r I 4` �kit p` ° _ k w ( �'S.> 44 tt- �a 1,‘,V R , Itx d k w i I. K I n-' t'e..,� _1 a/� L. ^"�'� /l! »' wsi 1 9 si.Z„ i i w<�^.Zt fli .. j ..4 "$4 ''' , ..• fie, - "�y /f� ' �1 �+p ,, ;, asF+� ' fy5 �" ''` y(('y / I:— ; b. Ff k'"E '� y�:- may nit^'✓" ; pj,J��tA+F /! x'l k. �13^I e, a �dk ' �ry },Zr x" s /t>M,.r 6.lJ M yL ' r... 'J /�c'L k �# 4" Y •191910th Street, N.W. 4t7 - ...> a, ' '7' A ity 61 Official Tax Map No. 2060534 �* .� AFFIDAVIT APPLICANT: JMB Investment Company, LLC LOCATION: 1919 10th St., N.W., Tax No. 2060534 REQUEST: Rezoning and Amend Proffered Conditions 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 29th day of January, 2014, notices of a public hearing to be held on the 11th day of February, 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 2060401 % PAULA PAIEMENT SIGMON PAUL R 2015 KNOLLWOOD RD SW ROANOKE VA 24018 2060402, 2060403, 2060828 CITY OF ROANOKE 215 CHURCH AVE SW ROANOKE VA 00000 2060501, 2060502 O'BRYAN MATTHEW T& SALLY G PO BOX 20453 ROANOKE VA 24018 2060504 RANDOLPH GAY B 953 HUNT AVE NW ROANOKE VA 24012 2060505 FEDERAL HOME LOAN MORTGAGE CORPORATION 5000 PLANO PKWY CARROLLTON TX 75010 2060506 SMITH ROY S 945 HUNT AVE NW ROANOKE VA 24012 2060507 % SALLYE WEST WEST ALVIN J 3910 TENNESSEE AVE NW ROANOKE VA 24017 2060508 JOHNSON PROPERTIES OF ROANOKE 1603 WESTSIDE BLVD NW ROANOKE VA 24017 2060509 % PAT H FORREN FORREN GLEN N & FORREN PAT H 6032 ORIOLE LN SW ROANOKE VA 24018 2060510 LEAK TESSA L 929 HUNT AVE NW ROANOKE VA 24012 2060511 JOHNSON ROBERT R JOHNSON LOUISE M 1603 WESTSIDE BLVD NW ROANOKE VA 24017 2060512 GARNER CARL L 921 HUNT AVE NW ROANOKE VA 24012 2060513 JOHNSON ROBERT & CATHY 179 ANDREW DR TROUTVILLE VA 24175 2060514, 2060515 WHITE PINE DEVELOPMENT LLC PO BOX 2705 ROANOKE VA 24001 2060516 JANET M COLLINS 903 HUNT AVE NW ROANOKE VA 24012 2060517 % CARLISS TABORN EVANS CARLISS 7278 S BARRENS RD APT 103 ROANOKE VA 24019-3178 2060525 CITY OF ROANOKE REDEVELOPMENT & HOUSING AUTHORITY PO BOX 6359 ROANOKE VA 24017 2141001 VALLEY PROPERTIES LLC 3330 HOLLINS RD NE A STE ROANOKE VA 24012 2141002 PARSONS MARY C 16 WINDSOR LN DALEVILLE VA 24083 2141012 VEST NELSON C 1007 HUNT AVE NW ROANOKE VA 24012 Rebecca Cockram SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 29t. day of January, 2014. €1414/ , LL i Notary ry Public : ' A ' 'l o Co?nmon3itH @(bgtjinie Reg MyCom'missoh :1r .L _ / - PUBLIC HEARING The Roanoke Times NOTICE Roanoke, Virginia All public hearings Affidavit of Publication advertised herein will be 'held in the City Council Chamber. fourth floor. Room 450.Noel C.Taylor The Roanoke Times Municipal Building, 215 Church Avenue. S.W. +--— Roanoke. Virginia. All —'KAppllcatlon by Harpear applications are available Properties,Inc.,to rezone for review in the Planning property located at 4662 CITY OF ROANOKE, PDV Building and Development office, Room 166, 215 and 0(zero)Old Mountain Church Ave.S.W.,Roanoke. Tax N.E.,bearing Official PLANNING, BLDG. , DEV VA. Tax Nos. 7410102 and 7410101 respectively. The 215 CHURCH 166 Any person with a disability application is to rezone the 'requiring any special property from R-5, ROANOKE VA 24 011 accommodation to attend Residential Single-Family or participate in the District,to MXP D,Mixed hearings should contact Use Planned Unit Planning Building and Development District. The Development at (540) land use categories REFERENCE: 80076514 853-1730 at least five days prmittedl in then residential; prior to the scheduled 13536558 PUBL ICHEAR INGNOTI CEA hearing, accommodations and group living; commercial; T h e C i t y o f R o a n o k e a s s e m b l y a n d Planning Commission will entertainment; public, hold public hearing Institutional and community State of Roanoke Virginia P ,i214.at on facilities;transportation; February 11,2014.at 1:30 utility; agricultural; and City of Roanoke On t. or as soon as the O accessory,withamaximum matters may be beard,to consider these applications. density of one dwelling unit I, (the undersigned) an authorized representative per 1,80 square feet mmt P Application by JMB area. The comprehensive of the Times-World Corporation, which corporation investment Company.LLC plan designates the P to rezone the property and property for single-family, is publisher of the Roanoke Times, a dail y repeal conditions proffered high density use. The as part of a previous proposed use of the newspaper published in Roanoke, in the State of S t property is convenience P NM..bearing Official Tax store, laundromat, and Virginia, do certify that the annexed notice was No. 2060534. The apartments. application is to rezone the published in said newspapers on the following property from Light BecelcrcacCookram, Industrial District(1-1).with Commission dates : conditions , to Commercial-General District ✓ (CG),with conditions. The City Council will hold public conditions proposed for hearings on the aforesaid repeal.adopted through the applications on February enactment of Ordinance 18,2014,at 7:00 p.m.,or Nos. 2 7 2 0 4 and as soon as the matters may 32816-020596, require be heard. existing structures to be City/County of Roanoke, Commonwealth/State of painted and repaired: Stephanie M.Moon,MMC, require landscaping and CityClerk Vir inia. Sworn and subscribed before me this maintenance perasieplan • dated August 8.1984;limit The City of Roanoke Board day of Feb 2014. Witness my hand and me size and number of of Zoning Appeals will hold outdoor advertising signage a public hearing on fl al Seal. boards on the property; February 12,2014,at 1:00 prohibit the expansion of p.m.,or as soon as the the existing buildings or matter may be heard,to 14 erection of new buildings consider this application: A �� Y,� ,� / �� L Notary Public and limit the use of existing buildings. The applicant Powell from Chelsea proposes to proffer new site Powell,for property located plans, development plan at 2224 Westover Avenue, exhibits A,B,and C dated S.W.,bearing Official Tax June 18. 2013. and a No.1432013 zoned R-7, ssvxxxMGEN/y zzzzz building elevation plan De form special revision doted Dec. 03. District,ist exception pursuant special to P, •, ed. 2013, showing a new P P building, a new Section 38.2•311,Zoning P• NOTARY "(C� configuration of site Code of the CRy of Roanoke PUBLISHED ON: 01/29 02/05 ?�_ "•,'9 1 development, and the (1979),as amended,to irk:: PUBLIC existing three(3)outdoor allow an agritultural advertising signs. The use operation at this location. * REG. X332964 classes permitted in the CG MY COMMISSION — District include Rebecca Co,ckram, Q accommodations and rou Secretary, O E PIKE ■ living: commercial: City Board of Zoning•z9 -..0., ...Z. Industrial: assembly and Appeals entertainment: public, ) iC'��O ••• •'..CJ� institutional and community (13536558• �1,N ` facilities;transportation;'r 14/EA NTH utility; agricultural; and TOTAL COST: 1,208 . 16 �''r_, ,,+t'' accessory,with a maximum • FILED ON: 02/05/14 floor area ratio of 5.0.The comprehensive plan +—designates the property for fit light manufacturing use. The proposed use of the property is retail sales. Authorize. . 4 Signature : _ � , r ( / , Billing Services Representative 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 February 11, 2014, at 1:30 p.m., or as soon as the matters maybe heard, to consider these applications: Application by JMB Investment Company, LLC to rezone the property and repeal conditions proffered as part of a previous rezoning at 1919 10th St., N.W., bearing Official Tax No. 2060534. The application is to rezone the property from Light Industrial District(I-1), with conditions, to Commercial-General District (CG), with conditions. The conditions proposed for repeal, adopted through the enactment of Ordinance Nos. 27204 and 32816-020596, require existing structures to be painted and repaired; require landscaping and maintenance per a site plan dated August 8, 1984; limit the size and number of outdoor advertising signage boards on the property; prohibit the expansion of the existing buildings or erection of new buildings and limit the use of existing buildings. The applicant proposes to proffer new site plans, development plan exhibits A, B, and C dated June 18, 2013, and a building elevation plan revision dated Dec. 03, 2013, showing a new building, a new configuration of site development, and the existing three (3) outdoor advertising signs. The use classes permitted in the CG District include accommodations and group living; commercial; industrial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory, with a maximum floor area ratio of 5.0. The comprehensive plan designates the property for light manufacturing use. The proposed use of the property is retail sales. Application by Harpear Properties, Inc., to rezone property located at 4662 and 0 (zero) Old Mountain Road, N.E., bearing Official Tax Nos. 7410102 and 7410101 respectively. The application is to rezone the property from R-5, Residential Single-Family District, to MXPUD, Mixed Use Planned Unit Development District. The land use categories permitted in the MXPUD District include residential; accommodations and group living; commercial; assembly and entertaimnent; 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 single-family, high density use. The proposed use of the property is convenience store, laundromat, and apartments. Rebecca Cockram, Secretary, City Planning Commission City Council will hold public hearings on the aforesaid applications on February 18, 2014, at 7:00 p.m., or as soon as the matters may be heard. Stephanie M. Moon, MMC, City Clerk The City of Roanoke Board of Zoning Appeals will hold a public hearing on February 12, 2014, at 1:00 p.m., or as soon as the matter may be heard, to consider this application: Application from Chelsea Powell, for property located at 2224 Westover Avenue, S.W., bearing Official Tax No. 1432013, zoned R-7, Residential Single Family District, for a special exception pursuant to Section 36.2-311, Zoning, Code of the City of Roanoke (1979), as amended, to allow an agricultural operation at this location. Rebecca Cockram, Secretary, City Board of Zoning Appeals Please publish in newspaper on January 29 and February 5, 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 L M ,W _P.c. Es." Yrbdw Sara.VIM DNS 102 Albemarle Avenue,S.E. Roanoke,Virginia 24013 Tel:(540)345-0675 Fax:(540)342-4456 E-mail:Innvexgglmwpc.net December 20,2013 Ms.Katharine Gray Department of Planning,Building&Development City of Roanoke 215 Church Avenue,SW,Room 166 Roanoke,Virginia 24011 Re: Rezoning Application: 1919- 10th Street Roanoke,VA Official Tax#2060534 Continuance Request#4 LMW's Comm.#403 IA Dear Ms.Gray: Confirming our telephone conversations and email exchanges of recent days,on behalf of JMB Investment Co., I request that the Planning Commission hearing on IMB's application to rezone Tax Parcel No. 2060534 be continued to the Commission's February's 2014 meeting. This continuance will allow us to amend JMB's application to address the signage easement that Lamar Advertising currently possesses on the property,as well as to better respond to any issues that have been developed in the course of the planning staff review of the application. We look forward to our meeting with you in the near future to discuss the City's concerns in relation to the signage issues. Thank you very much for your very courteous assistance. Sincerely, L W. P. . C ihs Richard C.White,PE ,• L' M '.p.c. Enginnring nrnex.nu, Sineywp ta,d¢+M Dnign 102 Albemarle Avenue,S.E. Roanoke,Virginia 24013 Tel:(540)345-0675 Fax:(540)342-0456 E-mail:Imweng©lmwpc.net October 28,2013 Ms.Katharine Gray Department of Planning,Building&Development City of Roanoke 215 Church Avenue, SW,Room 166 Roanoke,Virginia 24011 Re: Rezoning Application: 1919- 10th Street Roanoke,VA Official Tax#2060534 LMW's Comm.#4031A Dear Ms.Gray: Confirming our telephone conversations and email exchanges of recent days, on behalf of Floyd A. Williams,I request that the Planning Commission hearing on Mr. Williams application to rezone Tax Parcel No. 2060534 be continued to the Commission's January 2014 meeting. This continuance will allow us to amend Floyd A. Williams's application to address the signage easement that Lamar Advertising currently possesses on the property, as well as to better respond to any issues that have been developed in the course of the planning staff review of the application. We look forward to our meeting with you in the near future to discuss the City's concerns in relation to the signage issues. Thank you very much for your very courteous assistance. Sincerely, Lf C tek_ Richard C. White,PE "' " '"° ` "OSP RECEIVED 102 Albemarle Avenue,S.E. Roanoke,Virginia 24013 AUG 2 0 2013 Tel:(540)345-0675 Fax:(540)342-4456 E-maillmweng@lmwpc.net CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT August 19,2013 Ms. Katharine Gray Department of Planning,Building& Development City of Roanoke 215 Church Avenue, SW,Room 166 Roanoke,Virginia 24011 Re: Rezoning Application: 1919- 10th Street Roanoke,VA Official Tax#2060534 LMW's Comm.#4031A Dear Ms. Gray: Confirming our telephone conversations and email exchanges of recent days, on behalf of Floyd A. Williams, I request that the Planning Commission hearing on Mr. Williams application to rezone Tax Parcel No. 2060534 be continued to the Commission's October 2013 meeting. This continuance will allow us to amend Floyd A. Williams's application to address the signage easement that Lamar Advertising currently possesses on the property, as well as to better respond to any issues that have been developed in the course of the planning staff review of the application. We look forward to our meeting with you in the near future to discuss the City's concerns in relation to the signage issues. Thank you very much for your very courteous assistance. Sincerely, 1.. .W., C. / C. Richard C. White, PE CITY OF ROANOKE -'""I OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 111414.41- Roanoke,Virginia 24011-1536 vs,. ",- 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 August 20, 2013 Richard C. White, PE L.M.W., P.C. 102 Albemarle Avenue, S. E. Roanoke, Virginia 24016 Dear Mr. White: A public hearing was scheduled to be heard by the Council of the City of Roanoke at its meeting on Monday, August 19, 2013, on a request of JMB Investment Company, LLC, Investment Company, LLC, to rezone property located at 1919 10th Street, N. W., from Light Industrial District (I-1), with conditions, to Commercial-Neighborhood District (CN), with conditions and repeal conditions proffered as part of a previous rezoning adopted by Ordinance Nos. 27204-020596 and 32816-020596. On motion, duly seconded and adopted, Council concurred in your request that the mater be tabled until a date certain in order to allow the applicant an opportunity to address the signage easement that Lamar Advertising possesses on the property, as well as to better respond to any issues that have developed in the course of the planning staff review of said application. Sincerely, Yy, 1 0 �• Stephanie M. Moon, MMC City Clerk pc: Katherine Gray, City Planner, Department of Planning, Building and Development Rebecca Cockram, Secretary, City Planning Commission Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney l a s E RECEIVED AUG -9 2013 Eynrnq 11aMrxan Surveying landscape Deep 102 Albemarle Avenue,S.E. CITY OF ROANOKE Roanoke,Virginia 24013 PLANNING BUILDING AND DEVELOPMENT Tel:(540)345-0675 Fax:(540)342-4456 E-mail:Imweng©allmwpc.net August 8,2013 Ms. Katharine Gray Department of Planning,Building&Development City of Roanoke 215 Church Avenue, SW,Room 166 Roanoke,Virginia 24011 Re: Rezoning Application: 1919- 10th Street Roanoke,VA Official Tax#2060534 LM W's Comm.#4031A Dear Ms. Gray: Confirming our telephone conversations and email exchanges of recent days, on behalf of Floyd A. Williams, I request that the Planning Commission hearing on Mr. Williams application to rezone Tax Parcel No. 2060534 be continued to the Commission's September 2013 meeting. This continuance will allow us to amend Floyd A. Williams's application to address the signage easement that Lamar Advertising currently possesses on the property, as well as to better respond to any issues that have been developed in the course of the planning staff review of the application. We look forward to our meeting with you in the near future to discuss the City's concerns in relation to the signage issues. Thank you very much for your very courteous assistance. Sincerely, L .W. .C. Richard C. White, PE hrp ? ,... e ...'1? .' 9 e 1 < r i a Department of Planning,Building and Development ROAN O ICE Room 166,Noel C.Taylor Municipal Building JUL - 5 2013 215 Church Avenue,S.W. Roanoke,Virginia 24011 CITY OF ROANOKE '�u Phone: (540)853-1730 Fax: (540)853-1230 PLANNING BUILDING AND DEVELOPMENT Date: 7,5 13 Submittal Number: a e p I` cci 4-I O n l Rezoning, Not Otherwise Listed VeAmendment of Proffered Conditions Rezoning,Conditional ❑ Amendment of Planned Unit Development Plan ❑ Rezoning to Planned Unit Development ❑Amendment of Comprehensive Sign Overlay District ❑ Establishment of Comprehensive Sign Overlay District Address: 1919 ()TA- ST 1261 I pit) Official Tax No(s).: DOG Q 53�7 L Existing Base Zoning: With Conditions (If multiple zones,please manually enter all districts.) L I ❑//Without Conditions Ordinance No(s).for Existing 11/41 Proposed(If applicable): 2790 ►-it 3.$ - 02059 L Requested Zoning: C Proposed Land Use: 00(nm Cc/'CAA... Name: 01 oyd 0_, 4/. 7///9 015- Phone Number: _SciiraV — / 21?-1 Address: .'/C 4' - ��6 arc Sgj c A7 `va E-Mail: 3 P .c-rty Owner's Signature: Name: Phone Number: Address: E-Mail: Applicant's Signature: Name: / ici+AaQ L)N a- Lino guc-, Phone Number: 3 k5-pc-u' Addressl�g(.zF Ehe svE Wow o G1 V!1 E-Mail: St,111,1e Q liflorc. net C, 24013 Authorized Agent's Signature: ISO ROANOKE f— Completed application form and checklist. F Written narrative explaining the reason for the request. F Metes and bounds description,if applicable. F Filing fee. For a rezoSng nox • ccrcept plan meethg the Application Requirements of item'2(c)'In Zoning Amendment Procedures. For a cont3lt'07Ni? F Written proffers. See the City's Guide to Proffered Conditions. Concept plan meeting the Application Requirements of item'2(c)'in Zoning Amendment Procedures. Please label as r 'development plan'if proffered. Fpr F Devebpment plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. For f Comprehensive signage plan meeting the requirements of Section 36.2336(d)(2)of the City's Zoning Ordinance. tted Amended development or concept plan meeting the Application Requirements or item'2(c)'in Zoning Amendment Procedures, F if applicable. f— Written proffers to be amended. See the City's Guide to Proffered Conditions. F Copy of previously adopted Ordinance. ut111 eri' 'life folloiOnt¢wst also be sullik. F Amended development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. F Copy of previously adopted Ordinance. Arnenced comprehensive signage plan meeting the--qt f per ti.n ?c 2-336(d)of the City's Zoning Ordinance. "op* of previously adopted Ordinance. Fpr a.pr ai bmrue0k>t , 7 a Taff,,:Impact Study in compliance with Appendix?-2,e c'the City's Zoning Ordinance. For a proMet submitted 40 F Cover sheet. F Traffic impact analysis. F Concept plan. F Proffered conditions, if applicable. F Required fee. An electronic copy of this application and checklist can be found at www.roanokeva.govlpbd 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. NARRATIVE REZONING APPLICATION AND REMOVAL OF EXISTING PROFFERED CONDITIONS TO: PLANNING-BUILDING-DEVELOPMENT OF THE CITY OF ROANOKE FROM: JMB INVESTMENT COMPANIES,LLC DATE: JULY 5,2013 SUBJECT: REZONING OF EXISTING PARCEL FROM I-1 (C)TO CN REMOVE EXISTING PROFFERED CONDITIONS FROM PROPERTY 1919- 10TH STREET,N.W.,ROANOKE,VIRGINIA(TAX#2060534) A.) Description of proposed use and development of the property • The applicant proposes to demolish three (3) existing structure, concrete pads and remove truck bodies and parts used previously in a manufacturing business. A retail business consisting of a 9100sf building and associated parking area will be constructed on approximately 1/3 of the west end of the parcel and the remaining 2/3 will be retained for future residential construction. B.) Justification for the change • General Welding And Machine Company, Inc. has operated as a business on the site since 1961, until a fire destroyed the facility in 2012. The site was used for industrial use for the last fifty-two (52) years. LMW's#4031A REZONING APPLICATION 1919- 10th Street,N.W. (TAX#2060534) Roanoke,Virginia Page 1 • The property was zoned RD, Duplex Residential District prior to1961. In 1984, an application was submitted to rezone the land from RD to LM, Light Manufacturing with Conditions. • The 1984 rezoning included the following conditions: a. The structures presently erected on the rezoned property will be painted and repaired, and the surrounding areas will be landscaped and maintained as shown on the site plan dated August 8, 1984 attached as Exhibit D. b. Outdoor advertising leases now in existence expiring August 1994 will not be renewed upon expiration; nor will future leases be entered into. Future signage for the rezoned property will be in accord with the requirements of the Code of the City of Roanoke, Virginia. c. The structures presently erected on the rezoned property will not be enlarged or expanded; new structures will not be erected upon said premises; nor will the present use of said buildings be changed. With the existing proffered conditions, only one use category for the property exists and the type of structure that can be rebuilt is only what was previously on the property before the fire. • JMB Investment Companies, LLC proposes to demolish existing structures and clean up the entire site, build a viable and tax generating retail business on approximately 1/3 of the site. The remaining 2/3 of the site would be maintained until property is transfer to another entity for residential use. LMWs#4031A REZONING APPLICATION 1919- 10th Street,N.W. (TAX#2060534) Roanoke,Virginia Page 2 • The rezoning of the property from I-1(c) to CN and elimination of proffered conditions would be considered a "Down" Zoning of the property to a less intensive use. The retail use would also be more conducive to the neighborhood and bring a regional price point to the products being sold. • This proposal to rezone the property to CN and eliminate proffered conditions to construct a retail building would provide following benefits: - Clean up an existing derelict property and make it marketable. - Retail Store would b a community destination for purchase of items at regional price points. - Property available for residential use. C.) Effect of the proposed amendment on the surrounding neighborhood (e.g. traffic generation) • Aesthetically, the rezoning will allow the property to be cleaned up and a viable community friendly business added to the neighborhood. In time, the area set aside for residential use will be developed. This proposal is an efficient use of the land, and provides a less intense use of the property. • The addition of the retail business will generate thirty-seven (37) trips per hour/peak hour and four hundred eight (408) total trips per day. Per City Requirements, a Traffic Impact Analysis / Study is required if a proposal generates an increase in traffic of more than one hundred (100) vehicle trips per peak hour or one thousand (1,000) vehicle trips per day. Peak Hour 37 < 100 Per Hour 408 < 1000 Therefore, a Traffic Impact Study will not be required. LMW's#4031A REZONING APPLICATION 1919- 10th Street,N.W. (TAX#2060534) Roanoke,Virginia Page 3 • The proposed retail business will generally have four(4) employees on-site at any one time. This is not a significant change that would impose new or unexpected demands on the water and sanitary sewer systems. Therefore; the systems remain adequate for the proposed business. • The existing site is mostly impervious areas, buildings, pavements, and compacted stone. This proposal will improve the site by reducing impervious area and adding landscaping. This will reduce stormwater runoff and improving water quality. D.) Availability of other similarly zoned properties in the general area and in the City • The subject property is currently Zoned I-1 and is surrounded by properties Zoned RM-1 and RMF. • The closest property that is currently Zoned CN are seven (7) parcels located approximately 1100' south of the subject property at the intersection of 10th Street and Andrews Road. This area is designated as a Village Center in the City's Comprehensive Plan. However, the majority o f these lots are located in the 100- year floodplain. This makes the construction of permanent structures very difficult. K) Relationship of the proposed amendment to the City's Comprehensive Plan and Neighborhood Plan • The proposed rezoning will alter the Harrison / Washington Park future land use plan in a good way. The subject property will be "Down" Zoned from I-1 to a less intense CN Zoning. The CN Zoning will only affect the west 1/3, approximately one (1) acre, of the property while the remaining 2/3, approximately two (2) acre,will be set aside for future residential use. LMW's#4031A REZONING APPLICATION 1919- 10th Street,N.W. (TAX#2060534) Roanoke,Virginia Page 4 • This proposal will only slightly alter the conformity to the Comprehensive Plan (Vision 2001-2020). The majority of the site will fall into the category of"Mixed Residential" as shown on Comprehensive Plan Map. LMW's#4031A REZONING APPLICATION 1919- 10th Street,N.W. (TAX#2060534) Roanoke,Virginia Page 5 1919- 10TH STREET,N.W. ROANOKE,VIRGINIA TAX#2060534 LEGAL DESCRIPTION BEGINNING at the intersection of the South side of Levelton Avenue (also known as 22 foot road) and the East side of 10th Street Extension (formerly called 30 foot road); thence with the South side of Levelton Avenue, S. 65° 28' E. 852.7 feet to a point; thence leaving Levelton Avenue, 24° 32' W. 153.6 feet to an old iron pipe corner; thence N. 65° 57' W. 754.8 feet to a point; thence N. 57° 26' 50" W. 109.10 feet to a point on the East side of 10th Street Extension; thence with the East side of the 10th Street Extension, N. 29° 04' E. 7.1 feet to a point on the East side of 10th Street Extension; thence still with the East side of 10th Street Extension, N. 28° 30' E. 138.0 feet to the place of BEGINNING; and being as shown on plat showing survey property of General Welding & Machinery Co., Inc., made by C. B. Malcolm & Son, S.C.E.'s dated October 3, 1964. IN THE COUNCIL OF TIIE CITY OF ROANOKE, VIRGINIA The 24th day of September, 1984 , No. 27204. AN ORDINANCE to amend Sections 36-3 and 36-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 206, Sectional 1976 Zone Map, City of Roanoke, in relation to Zoning, subject to certain conditions. WHEREAS, application has been made to the Council of the City of Roanoke to have a certain tract of land known as 1919 Tenth Street, N.W., fronting on Levelton Avenue, N.W., and Tenth Street, N.W., and designated as Official Tax No. 2060534 rezoned from RD, Duplex Residential District, to LM, Light Manu- facturing District; and WHEREAS, the City Planning Commission has recommended that the hereinafter described land be rezoned from RD, Duplex Residential District, to LM, Light Manufacturing District; the said rezoning to be subject to the conditions proffered by the applicants in their second amended application for rezoning; and WHEREAS, the written notice and the posted sign required to be published and posted, respectively, by Section 36-541, Code of the City of Roanoke (1979), as amended, relating to Zoning, have been published And posted as required and for the time provided by said section; and WHEREAS, the hearing as provided for in said notice was held on the 10th day of September, 1984, at 7:30 p.m. , before the Council of the City of Roanoke, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and LAW OCncn THOMAS O GOECNOCSG SMITE POO 103 WEST CAMPBELL AVE ROANOOE.VA.24011 WHEREAS, this Council, after considering the aforesaid application, the recommendations made to the Council and matters presented at the public hearing,! is of opinion that the hereinafter described land should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sections 36-3 and 36-4, Code of the City of Roanoke (1979), as amended, re- lating to Zoning, and Sheet No. 206 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other, viz: Property fronting on Levelton Avenue, N.W., and Tenth Street, N.W., described as 1919 Tenth Street, N.W., designated on Sheet 206 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 2060534 be, and is hereby, changed from RD, Duplex Residential District, to LM, Light Manufacturing District, subject to the conditions proffered by and set forth in the applicant' second amended application for rezoning, and that Sheet No. 206 of the aforesaisi map be changed in this respect. ATTEST: r � p City Clerk LAW OFFICES THOMAS A GREENBERO SUIT[S00 ON WEST CAMFSELL AVE. ROANOKE.VA. 24011 RECEIVED1_c�� CITY Ci • VIRGINIA: 84 R!.!G 16 P2:48 IN THE COUNCIL OF THE CITY OF ROANOKE ) RE: Rezoning of a tract of land lying and ) SECOND being in the City of Roanoke, Virginia, ) AMENDED. fronting on Levelton Avenue, NW and ) PETITION Tenth Street, NW and designated as ) TO 3.076 acres Watts Land Map, from RD ) REZONE Duplex Residential District, to LM ) Light Manufacturing ) ) TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: 1. The petitioner, General Welding & Machine Company, Inc., a Virginia corporation, owns a certain tract of land located in the City of Roanoke, Virginia, containing 3.076 acres, fronting on Levelton Avenue, NW, and Tenth Street, NW, bearing address of 1919 Tenth Street, NW, and legal description of 3.076 acres, Watts Land Map, and designated on Roanoke City Appraisal Map as Official Tax Number 2060534; the said tract is currently zoned RD, Duplex Residential District. Maps of the property to be rezoned, along with the adjoining property, are attached as Exhibits A and B. 2. Pursuant to Article VII of Chapter 36, Code of Virginia of the City of Roanoke 1979, as amended, the petitioner requests that the said property be rezoned from RD Duplex Residential District, to LM Light Manufacturing District, 3. The petitioner believes that the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will be consistent with the character of the adjoining property and the area, in general, particularly in light of the conditions stated below. 4. The petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and the petitioner LAW OFFICES THOMAS S GREENSERG Wart SOO 101 WEST OAM,OELL AVE. ROANOKE.VA.24011 will abide by, the following conditions: A. The structures presently erected on the rezoned property will be painted and repaired, and the surrounding areas will be landscaped and maintained as shown on the site plan dated August 8, 1984 attached as Exhibit D. B. Outdoor advertising leases now in existence expiring August, 1994 will not be renewed upon expiration; nor will future leases be entered into. Future signage for the rezoned property will be in accord with the requirements of the Code of the City of Roanoke, Virginia. C. The structures presently erected on the rezoned property will not be enlarged or expanded; new structures will not be erected upon said premises; nor will the present use of said buildings be changed. WHEREFORE, the petitioner requests that the above described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted, GENERAL WELDING 6 MACHINE COMPANY, INC. By:a k: `.cJ i Counsel LAW ornue -Z- THOMAS•GREENSERG su,TE We lea WEST CAMPEell AVE., ROANOKE.VA.24011 • - - ~ ` • • ST- a ... . . -- —J • Nb NN t poiliPoro 'T Z b;;n ; C f AQ/!'QGC MKMWiI• ' v • ` r 2 ^' zJfJ OwACfass Av - M' -' I. 4 Z. •i•;\o° •l.YJ r.N.lffQl l/C ANe't I - b.• a a EteJelo� L S3 >< >i°°wett t� �0 . so•ea' C° :II.° • •� Elsaloo M.OJYt e . ... . . .. lerre •0001�o . • E tNel/l tNJJ.J • Y g- i if • t •� . _J�IOf OJ? , ' a - 1 �raEE7 -Ali t • � �Y�s al yJSAIlII • JJTT��� • h V ..-• • CITY OF ROANOKE OFFICE OF THE CITY CLERIC 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011.1536 Telephone: (540)981-2541 MARY F. PARKER, CMC/AAE Fax: (540)224-3145 City Clerk SANDRA H. EAKIN Deputy Cm•Clerk February 7, 1996 File#51-514 Edward A. Nett, Attorney Ostertoudt, Ferguson, Nett, Aheron and Agee, P. C. 1919 Electric Road, S. W. Roanoke, Virginia 24018 Dear Mr. Nat I am enclosing copy of Ordinance No. 32816-0205% amending a previous proffered condition approved pursuant to Ordinance No. 27204 in conjunction with the rezoning of a parcel of land located at 1919 Tenth Street, N. W., described as Official Tax No. 2060534, subject to three specific proffers as more fully set forth on page two of the abovereferenced ordinance. Ordinance No. 32816-0205%was adopted by the Council of the City of Roanoke on first reading on Tuesday, January 16, 1996, also adopted by the Council on second reading on Monday, February 5, 1996, and will be in full force and effect ten days following the date of its second reading. Sincerely, 4 Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. iminiNDAntio Edward A. Natt February 8, 1996 Page 2 pc: Ms. Mary V. Kreger, 915 Hunt Avenue, N. W., Roanoke, Virginia 24012 Ms. Nettie C. Ayers and Ms. Flora Kelly, 1704 Tenth Street, N. W., Roanoke, Virginia 24012 Mr. William E. Newbill and Ms. Lorraine M. Mitchell, 913 Hunt Avenue, N. W., Roanoke,Virginia 24012 Ms. Frances J. Snyder, 417 Fieldale Road, N. W., Roanoke, Virginia 24012 Mr. Carlis Evans, do Mr. Carliss Tabour, 839 Hunt Avenue, N. W., Roanoke, Virginia 24012 Mr. Paul R. Sigmon, do Ms. Paula Paiement, 2015 Knollwood Road, S. W., Roanoke, Virginia 24018 Ms. Martha F. Dooley, 2018 Tenth Street, N. W., Roanoke, Virginia 24012 Mr. and Mrs. Allen ft Calhoun, 2024 Tenth Street, N. W., Roanoke, Virginia 24012 Ms. Era K Keeney, 2032 Tenth Street, N. W., Roanoke, Virginia 24012 Mr. James E. Beckner, 2108 Tenth Street, N. W., Roanoke, Virginia 24012 Neva J. Smith, Executive Director, Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 Mr. and Mrs. John Carrington, 19457 Zinnia Circle, Germantown, Maryland 20876 Ms. Gay B. Randolph, 953 Hunt Avenue, N. W., Roanoke, Virginia 24012 Mr. H. B. Hodges, Jr., P. 0. Box 8614, Roanoke, Virginia 24014 Mr. Roy S. Smith, 945 Hunt Avenue, N. W., Roanoke, Virginia 24012 Mr. Alvin J. West, 1818 Melrose Avenue, N. W., Roanoke, Virginia 24017 Mr. and Mrs. Ralph Hicks, 937 Hunt Avenue, N. W., Roanoke, Virginia 24012 Mr. and Mrs. Glen Forren, 6032 Oriole Lane, S. W., Roanoke, Virginia 24018 Ms. Flora Kelly, 929 Hunt Avenue, N. W., Roanoke, Virginia 24012 Mr. Allen L. Reed, Jr., 925 Hunt Avenue, N. W., Roanoke, Virginia 24012 Mr. Carl L. Garner, 921 Hunt Avenue, N. W., Roanoke, Virginia 24012 John R. Marilee, Chief, Planning and Community Development Martha P. Franklin, Secretary, City Planning Commission KwaCAW .S IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of February, 1996. No. 32816-020596. AN ORDINANCE to amend 5536.1-3 and 36.1-4, Code of the City of Roanoke ( 1979) , as amended, and Sheet No. 206, Sectional 1976 Zone Map, City of Roanoke, in order to amend certain conditions presently binding upon certain property previously conditionally zoned LM, Light Manufacturing District. WHEREAS, James B. Young and Betty M. Young, filed an application to the Council of the City of Roanoke to amend certain conditions presently binding upon a tract of land located at 1919 Tenth Street, N.W. , being further identified as Official Tax No. 2060534, which property was previously conditionally rezoned by the adoption of Ordinance No. 27294, adopted September 24, 1984; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by 536.1-693, Code of the City of Roanoke ( 1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on January 16, 1996, after due and timely notice thereof as required by 536.1-693, Code of the City of Roanoke ( 1979) , as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the conditions now binding upon the above-described property should be amended as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that SS36. 1-3 and 36. 1-4, code of the City of Roanoke ( 1979) , as amended, Sheet No. 206 of the Sectional 1976 Zone Map, City of Roanoke, be amended, and Ordinance No. 27204 be amended, to reflect the following proffers that (1) The structures presently erected as the rezoned property will be painted and repaired, and the surrounding areas will be landscaped and maintained as shown on the site plan dated August 8, 1984, attached as Exhibit D to the petition filed in 1984, and considered by City Council on September 24, 1984, (2) Outdoor advertising signage on the property will continue on the existing boards without any increase in size or number of outdoor advertising boards, and (3) The structures presently erected on the rezoned property will not be enlarged or expanded; new structures will not be erected upon said premises; nor will the present use of said buildings be changed. ATTEST: City Clerk. II O.Y UNGI ....1",.r. 7 a... Blue Ridge` .6 ke Memortal . t Kingsto 3, 4211/2i, < t 8.-, . .., 0 @ill , ....., r4 . 117 ' n221; i vet ----- PRESTON PARK f ' Haturis-witmago6;:'=:=5Y:=-: , , (*) 0 s ,Iry..:4.11 C-41/4:I PEACH IREE-NOMOOD ...a. Rounota - qr 4,:::::!;,:,:itt...;„iitlirl '460' Valley lira --t.„--1 bnew, tine ! . " . . :.3 ri c) iz, ' 'A '.1 ' 2 .\\41.-I FAIR LAND:,47Na park t 101) A Village WASHINGTON-I N HVGTTILkIiI.:.- .."7. I .. 0, 3 ate 17MECCA GARDENS SOUT WAS H HIN GTON .- tt, I aik 79 TAR 1-4EIGHTS MELROSE-RUGBY A ' NINGTO AftK .1.9) , sI1V"' WAS 'Pk. WO TA5. Vinyard Park RIDGE OD PARK 1 4,21> - Gagfekrt-- - Vinton % ftanatiaVe Leo,DON-MELROSE ‘,- is - -,,,avi-...-L:ce-- e E las Rosie! Goa ■i Trestirogton ?at pat "I Si4eariab.t il e atdd CHERRY HILL 17-4 ye Nip GAINSBORO jilt, 4,psc HURT PARK r— * 'NV Faiktr Vin-ton * i Rtjort iwi e 24 (.634 14 te ( li 117) ^, ,,,-R 0 AA NO K t 17 C T Y I EverWeall *Nand &with ,,f* 11-0- Biwa 0 park ,......... ..r; Dee Rif Park ;220 47, . ,.. ct LiII---t — RIVER twain - q§ - * * Ait,a6 : ' Fiat Riverdale , Cotanw atnne h',i,ht.*" . ojektIt pir .; "II Le rII5- P491111,1In Park Fist‘an '10." cilia) --14 s. A.en_D,51P;"--- er, MILL UNTAIN de k .• . ct gfr- SOUTH ROANOKE s' ,III,--it.*II-wm III ....tti .. V NITY MAP 1.4. 1111 ili ND ici-se,s. II Pit SOUTHBOUND 581 \A\ tim il 8 Fit ?hi PROPOSED CURB ' NO SCALE -& GUTTER NN PROPOSED 5' I SIDEWALK r---- — 0-10' FRONT SETBACK 6' PLANTING BUFFER — -- LEVELTO 1,1 AVENUE I ® a I i 1 ,, —.,......_ — r PROPOSED a. ...— I 00511NC EXISTNG BILLBOARD I 1 C z 1.5 k- cc ig 11 BILLBOARD /$41.0.01 _ Mg bil,...,.11r-1 — Co > ce x mug- rritamr'sv.. \- ELMO A.*ALLAYS x ,..,1111.1MAT/AT.11.1 VACANT LOT TO HAVE ALL SLABS AND TM f 2060514 z 1— 1.11 25;1.07 AC 7 .4- -.mv*PA44-,.CEITNIMPI DEBRIS REMOVED. SEEDED AND STRAWED --...._..,, DEM REFERENCE,0880007305 AZ. 0 " / / .. PEW ' 4 e...73±0: :11 pm 1 (3 08)ACRES 1919 101•14 ST MVO 0 M.111.FM.1.1.1.1P./ .. ...frig?'",11nplCAHEA:1; DAP ACRES TO RE1IPM0 j- CD Z I 1 o & < x hi_ i .1.... mil!lad',i.p.e...:!.:„4,,,!•:A.MSOfta I r10' PROPOSED STORMWATER EASEMENT I I . li r '...,6b/AN6.:61..-49.ML:tI t..,%-t.r.rfilwirdm ' I 8. LANDSCAPE BUFFER 6. z ''LL:.:156 hillIlinf.:616$2 46.k.46.c.":"L. , ,--4(if--I-!- STANDARD VOICIT ,Thl---; - &wilt.Amer_'a. _ '' ; _ I 6 ENTRTCE 1 f I 1-T-T-7--T--T--T-T--T----- 1 i I I .4. , , . 1.1. , & , ,, , HI ____ __H , - ,, , I i , / I . , L ' I I 1 F I 5 ---_J . , , , , , a, 1 I 1 1 w I I I __ 2 7 n_ PROPOSE BUILDING FOOTPRINT-9100 a '3 DIMENSION-70'X 130' k HEIGHT-20 ft 111 1 PARKING SPACES PROVIDED: 25 > 1.11 1 PROPERTY INFORMATION ADDRESS: 1919 10TH STREET 0 TAME.2060534 7. ZONING EXISTING: I-1(C) PROPOSED ZONING: ON Designed By RCW CN SETBACKS. FRONT- 0'MIN ,10'MAX. Om.By mcp Ix-Awry 031A SIDE-0' REAR-0 Date 06I18/13 f. HEIGHT:45 MAX Corns blo 4031A Sheet loll ADJOINING PROPERTY OWENERS 1919 10TH ST., NW TM ID# LOCADDR OWNER OWNERADDR1 MAILCITY MAINZIPCOD'. 2060525 0 LEVELTON AVE NW CITY OF REDEVELOPMENT&HOUSING AUTHORITY P.O. BOX 6359 ROANOKE 24017 2060517 839 HUNT AVE NW CARLISS EVANS 7278 BARRENS RD.APT. 103 ROANOKE 24019 2060516 903 HUNT AVE NW JANET M.COLLINS 903 HUNT AVE. NW ROANOKE 24012 2060515 0 HUNT AVE NW WHITE PINE DEVELOPMENT LLC. P.O. BOX 2705 ROANOKE 24001 2060514 913 HUNT AVE NW WHITE PINE DEVELOPMENT LLC. P.O. BOX 2705 ROANOKE 24001 2060513 915 HUNT AVE NW ROBERT&CATHY JOHNSON 179 ANDREW DR. TROUTVILLE 24175 2060512 921 HUNT AVE NW CARL L. GARNER 921 HUNT AVE NW ROANOKE 24012 2060511 925 HUNT AVE NW ROBERT R.JOHNSON 1603 WESTSIDE BLVD NW ROANOKE 24017 2060510 929 HUNT AVE NW TESSA L.LEAK 929 HUNT AVE NW ROANOKE 24012 2060509 933 HUNT AVE NW GLEN N. &PAT H. FORREN 6032 ORIOLE LN SW ROANOKE 24018 2060508 937 HUNT AVE NW JOHNSON PROPERTIES OF ROANOKE 1603 WESTSIDE BLVD NW ROANOKE 24017 2060507 941 HUNT AVE NW ALVIN J.WEST 3910 TENNESSEE AVE. NW ROANOKE 24017 2060506 945 HUNT AVE NW ROY S. SMITH 945 HUNT AVE NW ROANOKE 24012 2060505 949 HUNT AVE NW KEVIN &HEATHER KISSNER P.O. BOX 2705 ROANOKE 24001 2060504 953 HUNT AVE NW GAY B.RANDOLPH 953 HUNT AVE NW ROANOKE 24012 2060502 1909 10TH ST NW MATTHEW T.&SALLY G. O'BRYAN P.O.BOX 20453 ROANOKE 24018 2060501 1903 10TH ST NW MATTHEW T.&SALLY G.O'BRYAN P.O. BOX 20453 ROANOKE 24018 2141002 0 10TH ST NW MARY C. PARSONS 16 WINDSOR LN DALEVILLE 24083 2141001 0 10TH ST NW VALLEY PROPERTIES 3330 HOLLINS RD. NE A STE. ROANOKE 24012 2141012 1007 HUNT AVE. NW NELSON C.VEST 1007 HUNT AVE. NW ROANOKE 24012 P EV 1 11 A5 t iW+�M I pp I, Ill II I �I I I, -Al2O-- _��. jj11II11111 11 - pp „1 i.— 1,1 Ili 1 %.,..,46. ml .neo in, IL; x I ,J ... o right elevation v •4a® Q`Q -d Q •3 11%� I 1 � II 111j ' � = u l l l 111 II I �a11 ® ■�.�•■ _ __ _ ®.■1...!� 0000_ ooao_; —. —4....w ifront elevation no«s,rn 4 4 Q � _ ° Q i. . 1 1 ,..�.w,. VIII IIIm iNgNMIN YI IJmi®NNNIillimmimum1N Ilpill wm�Y� r NNNINNI IAN NNIINNNNIIINI iM U � '....... .... I ,I'. • II,Ir1l 11 li i taR e left elevation z`LTcNA`FI m.w 4 Q Q Q =Dte N �Q�Q 66 l k I1II1 l n (���1�����1111NIIIII11MIC:IOMM 'z� i 4� II 91 w"�°I a IP.II IIII �j1II�. II 'IH 1 ,Ill ��I --e--e- vm Esr I� 311r-. .g � III §i 1 hl A5 SHOWN snNaCelasn 'C't s rear elevation -- A4.F .. ..may....,,, ..,..,,,.. ..wu www-umuavu nmaa vvuw•Yui hap.n www.ruanoKeva.goviaJLJOAouuub[Ar.i dl:urrentbaseLmkdA... An #n and Washi ton Park,N rg i m,rrog p t 7._..a u .•a•,v..,_.,m ... .,..MA .: .. .•:•.< y.,n.u. ,.- � ._a. a, . Harrison/Washington Park Future Land Use alt P \ li no,_ f� \ r,: CARROLL Noe, 4 AYn ! 6 _ a y. Al r at k `)yC 1 't F E` FB 11; 1 Single-Family Residential _ Single-and Two-Family Residential Mix Multifamily Residential Mixed Density Residential N Village Center IIIII General Commercial j f all Light Manufacturing i f` E Institutional /Religious III Park/Open Space S . 3 1 .a1W.."w .. ' .. fi'm � �. � maz+> �`v:� of 45 3/27/2013 4:32 PM ABBE Engineering Nw s ew+Mni Landscape Only 102 Albemarle Avenue,S.E. Roanoke,Virginia 24013 Tel:(540)345-0675 Fax:(540)342-4456 E-mall:imweng @Imwpc.net June 19, 2013 Ms.Katharine Gray,Architect Land Use and Urban Design Planner Planning,Building and Development City of Roanoke 215 Church Avenue,SW,Room 166 Roanoke,Virginia 24011 Re: Retail Sales Establishment 1919- 10th Street Roanoke,VA ITE Traffic Information LMW's Comm.#4031A Dear Ms. Gray: Attached are two (2) ITE Trip Generation Data Sheets for a Free-Standing Discount Store (815). The information from these data sheets will be used to calculate the peak hour traffic and average daily trips(ADT)into a 9100 sF Gross Area(7300 s Retail Area): Peak Hour Traffic(One Hour Between 4 and 6 PM) Retail Area-7,300 s Average Rate per 1000 SF-5.06 Vehicles Peak Hour=5.06VEH/1000sF x 7,300sF=37 Vehicles Average Daily Trip(ADT) Retail Area-7,300 Average Rateer 1000 SF-56.02 Vehicles ADT=56.02 H/1000sF x 7,300sF=408 Vehicles Per City Requirements, project approval is conditional on trip generations below fifty(50)peak hour and five hundred(500)average daily trips. Peak Hour= 37 <50 ADT=408 <500 Therefore,project is approved for traffic flow. � oALTH OF Please contact me with any questions or comments. $ 7 O LY W. r C 0 RICHARD C. WHITE tic. No.20021 re Richard C.White,PE cr.i O ? C+� ct•SSIONAL t' • Free-Standing Discount Store (815) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Weekday Number of Studies: 23 Average 1000 Sq. Feet GFA: 106 Directional Distribution: 50% entering, 50% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates _ Standard Deviation 56.02 _ 25.53 - 106.88 19.45 Data Plot and Equation 15,000 14,000 12,000 - . . . . . . . . . . . . . to 71.000 . . . . . . . . . . . . . X. _ IZ 10,000 ... . . . . _ a 7r y 6.000 7,000 x xx Q 5,000 .. . . . . . . . . . . . . . . . . . . _ . . . . . . . x. . . .. "-�'X- ---- N X X X 5.000 X X . ., -. x . _ _ x 4,000 -C x . _ x 0.000 x. . _. _ x 2000 _ . _ - . . . . . ._ . x 1,000 50 80 70 80 80 100 110 120 130 140 X=1000 Sq. Feet Gross Floor Area X Actual Da s Points Average Rate Fitted Curve Equation: Not given R2= .... Trip Generation,7th Edition 1348 Institute of Transportation Engineers Free-Standing Discount Store (815) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 8 p.m. Number of Studies: 47 Average 1000 Sq. Feet GFA: 115 Directional Distribution: 50%entering, 50%exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates Standard Deviation 5.06 2.48 - 9.23 2.60 Data Plot and Equation --- - — x 900 xk x x x x 800- . . . . . . . . . . . . . . . . . . . . :. . . . . . . _ . . . . . . . - . - - - - . . -x- - . . . . . . . . . .. . . . . x 700 X w x a x x x x > x x x ,. x x to 500 . . . . _ .x ." X. - . . x a' x x 1. �- , . . . . . ._ . . x _ . X X 't •300 X x 200 - . . -.-. . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . .. . . . .. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . 100 30 40 50 BO 70 80 90 100 110 120 130 140 150 160 X=1000 Sq. Feet Gross Floor Area X Actual Data Points Avenge Rate Fitted Curve Equation: Not given R2="" Trip Generation,7th Edition 1350 Institute of Transportation Engineers a04 Oj 031 0 , AI' o 4 .ci _ ^ ,. 2 '8r408.9 ?70$ 1 ' 12 2 . a z .1 �' g �� 1 �� O6 ' 4 ,u x 02• eV I% far le) 87d ,?ps - ri _, . bp' 3 Ary 4139 4 o`OR r , ry o-0 27 : ?0603 r ' .'sv' ''fir ry 9p ter . 0 .. 7 r r'/ ;: _3 n . -. 7 ;a' ? ?Og o ?p6p2g R 1-�ft ;2 ,6 740 ?y r eByy 13 ! R 9O? AZ a 45 y o +. ^ 830 ' i " 'qr " +co:r r?0 : f�l I t .'.: 608 (( . s;.` - - gy p:yes . "" j may/ r'n '.' L,F} i} L - ' �- ; of d i�R. . ` �AV, rf• 4C, Kel- ,:�,�y_r.- Ail ' r lef4azerarr"....ft W-111 tr 1• L�.[. t 1°1 b. RrF47p l� r'E4 19R 1 / ps1 ntk i tam-\ y ` g h ' 1'/ itir ,.l I, 9 g �f• 0 4 • ^ :rly. •r ,Z.4.:;)%. �, .. ,r • t. ' ::{.� ::ir - "4 -.,.a: -.ctifx.-: 4:4::::;:e:i l +i fi, -'•"l ' :64y�t� . a,:: ..�k.:;�,y. „ '--:�t ...... t:+z°N a-.- '"":: ..;iii,. F`.� :Cc ; , }: 4 .. :.. 4 'tom:P ,. -k.,3 �. ..,::_i..t:.!.r.'i2T f:?��-�,' tilt(4[ �'np.:P�q 1}�Li,v:}. .'�.�,.� : �1'a�-f4 `f 4•`�l' l . „(� 1I�.N.�':' f':{, '' _ ,� 115 �'Ay ! Y.:l�er �::;;rl:' al��:�,:' L �`Ii� M1,b'i ->�'r''..:gy`r,. �'i,-ii;i, t:i:�;J�+_w..+.41..�;..,�jti'.,''S;' i(: :4� �' P:4 1. 3' Jy' yy 4':'.... ff .hl 1-.kept 'yi,•; :..{' i.k.• f 'r�F i1r+a::.yrF. i�",'./ �9.k.;a. .i 'yi.�L.r-0 ,'1�i +'-. 4. t : Y ' St +' ` +Ill. •r k • °4 -, -_. sue`= 1919 10th Street, N.W. ` ` l''3o-'± . a . Official Tax Map No. 2060534 t 4' ' ', no Latt3�d�ahus*Ln� , „ . AFFIDAVIT APPLICANT: JMB Investment Company, LLC LOCATION: 1919 10th St., N.W., Tax No. 2060534 REQUEST: Rezoning and Amend Proffered Conditions 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 31st day of July, 2013, notices of a public hearing to be held on the 13th day of August, 2013, on the request captioned above to the owner or agent of the parcels as set out below: Tax No and Owner's Name and Address 2060401 % PAULA PAIEMENT SIGMON PAUL R 2015 KNOLLWOOD RD SW ROANOKE VA 24018 2060402, 2060403, 2060828 CITY OF ROANOKE 215 CHURCH AVE SW ROANOKE VA 00000 2060501, 2060502 O'BRYAN MATTHEW T& SALLY G PO BOX 20453 ROANOKE VA 24018 2060504 RANDOLPH GAY B 953 HUNT AVE NW ROANOKE VA 24012 2060505 Kevin and Heather Kissner PLK INVESTMENTS PO BOX 613 DALEVILLE VA 24083 2060506 SMITH ROY S 945 HUNT AVE NW ROANOKE VA 24012 2060507 % SALLYE WEST WEST ALVIN J 3910 TENNESSEE AVE NW ROANOKE VA 24017 2060508 JOHNSON PROPERTIES OF ROANOKE 1603 WESTSIDE BLVD NW ROANOKE VA 24017 2060509 % PAT H FORREN FORREN GLEN N & FORREN PAT H 6032 ORIOLE LN SW ROANOKE VA 24018 2060510 LEAK TESSA L 929 HUNT AVE NW ROANOKE VA 24012 2060511 JOHNSON ROBERT R JOHNSON LOUISE M 1603 WESTSIDE BLVD NW ROANOKE VA 24017 2060512 GARNER CARL L 921 HUNT AVE NW ROANOKE VA 24012 2060513 JOHNSON ROBERT &CATHY 179 ANDREW DR TROUTVILLE VA 24175 • 2060514, 2060515 WHITE PINE DEVELOPMENT LLC PO BOX 2705 ROANOKE VA 24001 2060516 JANET M COLLINS 903 HUNT AVE NW ROANOKE VA 24012 2060517 % CARLISS TABORN EVANS CARLISS 7278 S BARRENS RD APT 103 ROANOKE VA 24019-3178 2060525 CITY OF ROANOKE REDEVELOPMENT& HOUSING AUTHORITY PO BOX 6359 ROANOKE VA 24017 2141001 VALLEY PROPERTIES LLC 3330 HOLLINS RD NE A STE ROANOKE VA 24012 2141002 PARSONS MARY C 16 WINDSOR LN DALEVILLE VA 24083 2141012 VEST NELSON C 1007 HUNT AVE NW ROANOKE VA 24012 @Da, arivp Rebecca Cockram SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 31 s of July, 20 "414"14 A CANDACE R. MARTIN Notary Public NOTARY PUBLIC ry Commonwealth of Virginia Reg. #28207. My Commission Expires •_k._! PUBLIC HEARING NOTICE All public hearings The Roanoke Times held advertised herein will be held in the City Council Chamber.fourth npor.Noel Roanoke, Virginia C.TayIor municipal Building. Affidavit of Publication 215 Church Avenue.5.w., Roanoke. Virginia Allj applications are asailablei for review in the Planning The Roanoke Times Building and Development !office. Room 166, 215 + Church Ave.53V.Roanoke, IVA. Any person with a disability CITY OF ROANOKE, PDV requiring any special •accommodati on to attend PLANNING, BLDG. , DEV for participate in the 'hearings should contact City Council will hold a 215 CHURCH 166 Planning Building and I public hearing on the Development at 540) aforesaid application on ROANOKE VA 24 011 '1853-1730 at least five days August 19,2013.at 7:00 prior to the scheduled p.m., or as soon as the hearing. matter may be heard. The City of Roanoke Stephanie M.Moon, Clerk 'Planning Commission will City REFERENCE: 80076514 Rebecca Cockram, hold a public hearing an Secretary City Planning 13390015 PUBLIC HEARING NOTIC ',August 13.2013.at 1:30 Commission p m.. or as soon as the matter may be heard, to State of Virginia consider these applications: Zoning ofino7pOwll of Zoning App ealsil hold ''',Application by 1 M public hearings on August City of Roanoke 'Inueslment Company. LLC 14,2013,at 1:00 p.m.,or y o oa to rezone the property and as soon as the matters may - r conditions proffered be heard to consider these repeal e part of a previous applications: I, (the undersigned) an authorized representative 'rezoning at 1919 10th St., of the Times-World Corporation, which corporation 'N.W..bearing Official rax Application from Aaron! p p INn. 2060534. The Ganes, Structures publisher of the Roanoke Times, a daily IDesi n/Build, LLC. on is p .application is to rezone the property from Li ht of Adam and Rachel newspaper published in Roanoke, in the State of :Industrial District n-11.with! Markwood,for property p c o n d i t i o n s to o located at 1835 Oxford Virginia, do certify that the annexed notice was Commercial-Neighborhood Avenue, 5. W., bearing 'District (CN). with Official Tax No. published in said newspapers on the following 'conditions. The conditions zoned RM-1. ',proposed for repeal, 'Mixed Density District for a dates: 'adopted through the I special exception pursuant enactment of Ordinances 'to Section 36.2-311, 27204 and 32816-020596 Zoning,Code of the City s require existing structures Roanoke ��allow fa ) to be painted and repaired: amended, require landscaping and construction of a two-family maintenance per a site plan dwelling at this location. dated August 8.1984:limit Application from John the size and number of APP City/County of Roanoke, Commonwealth State of the size advertis ing sigrof located on from property / hoards on the property; local ad at 1519 Slih Virginia. Sworn and subscribed before me this prohibit the expansion of Street.NI.,bearing Off icial Tax No.3061506,zoned the existing buildings or 11 Light Industrial District. day of Aug 2013 . Witness my hand and erection or new buildings special exception and limit the use of existing for a sp official Seal . puddings. The applicant pursuant to Section proposes to proffer a site 36.2-322, Use Table for of plan dated June 18.2013, Industrial Districts,Chapter 36.2,Zoning,Code and a building elevation GI Nye x ,a, lg Notary Public plan dated June 20.2013, of the cur of Roanoke t 1979), als amended,to showing new buildings.and L a new configuration of allow the construction ota txtl urlr„z Iwo1ngoutdo the advertising! Wireless Tele N,t p, LA)-44�� .two 121 outdoor advertising! coin unicationS fa tii0 n s )act to Section ai signs. The use classes (199 Toot tower) 'permitted in the CN District! at y location. -C(wR) include residential:' Q' NO accommodations and group Q : PV(3)\C 1• = Hying. Rebecca Cacetary ▪ m ' Oc C'J 7� _ nd stria issembly al City Board Secretary, Zoning PUBLISHED ON: 07/31 08/07 = Ct J`' -y : _ entertainment, public, ty of ▪ CRC” iMW"''� ' ¢ institutional and community )��G )�, _ — 'facilities.transportation; r g 'utility area:agricultural:and (13390015) .. : accessory.with a maximum i Q A density of one dwelling unit at.a'/nom �C .per 1.800 square feet of lot a '11 (2il'rwF hilf\ 0.5' and a maximum floor area) / ratio of 5.0. The' v1''ii;1; `5 !comprehensive plan 'designates the property for TOTAL COST: 1, 078 .32 Alight manufacturing use. 'The proposed use of the FILED ON: 08/12/13 ,property is retail sales. i + X. Authorized Signature: //, , vl L, / '-.,j/.d , Billing Services Representative � 1 PUBLIC HEARING NOTICE PUBLIC HEARING NOTICE All public hearings advertised herein will be held in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. All applications are available for review in the Planning Building and Development office, Room 166, 215 Church Ave. S.W., Roanoke, VA. Any person with a disability requiring any special accommodation to attend or participate in the hearings should contact Planning Building and Development at (540) 853-1730 at least five days prior to the scheduled hearing. The City of Roanoke Planning Commission will hold a public hearing on August 13, 2013, at 1:30 p.m., or as soon as the matter may be heard, to consider these applications: Application by JMB Investment Company, LLC to rezone the property and repeal conditions proffered as part of a previous rezoning at 1919 10th St., N.W., bearing Official Tax No. 2060534. The application is to rezone the property from Light Industrial District(I-1), with conditions, to Commercial-Neighborhood District(CN), with conditions. The conditions proposed for repeal, adopted through the enactment of Ordinances 27204 and 32816-020596 require existing structures to be painted and repaired; require landscaping and maintenance per a site plan dated August 8, 1984; limit the size and number of outdoor advertising signage boards on the property; prohibit the expansion of the existing buildings or erection of new buildings and limit the use of existing buildings. The applicant proposes to proffer a site plan dated June 18, 2013, and a building elevation plan dated June 20, 2013, showing new buildings, and a new configuration of buildings, and the existing two (2) outdoor advertising signs. The use classes permitted in the CN District include residential; accommodations and group living; commercial; industrial; assembly and entertainment; public, institutional and community facilities; transportation; utility area; agricultural; and accessory, with a maximum density of one dwelling unit per 1,800 square feet of lot and a maximum floor area ratio of 5.0. The comprehensive plan designates the property for light manufacturing use. The proposed use of the property is retail sales. City Council will hold a public hearing on the aforesaid application on August 19, 2013, at 7:00 p.m., or as soon as the matter may be heard. Stephanie M. Moon, MMC, City Clerk Rebecca Cockram, Secretary, City Planning Commission The City of Roanoke Board of Zoning Appeals will hold public hearings on August 14, 2013, at 1:00 p.m., or as soon as the matters may be heard to consider these applications: Application from Aaron Eanes, Structures Design/Build, LLC, on behalf of Adam and Rachel Markwood, for property located at 1835 Oxford Avenue, S. W., bearing Official Tax No. 1322315, zoned RM-1, Residential Mixed Density District, for a special exception pursuant to Section 36.2-311, Zoning, Code of the City of Roanoke (1979), as amended, to allow the construction of a two-family dwelling at this location. Application from John Sizemore, for property located at 1519 11th Street, N.E., bearing Official Tax No. 3061506, zoned 1-1, Light Industrial District, for a special exception pursuant to Section 36.2-322, Use Table for Industrial Districts, of Chapter 36.2, Zoning, Code of the City of Roanoke(1979), as amended, to allow the construction of a Wireless Telecommunications facility, subject to Section 36.2-432, (199 foot tower) at this location. Rebecca Cockram, Secretary, City Board of Zoning Appeals Please publish in newspaper on July 31 and August 7, 2013. Please bill and send affidavit of publication to: Rebecca Cockram, Secretary City Planning Commission Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-1730 Revised 7.29.13 8:50 a.m. bet - 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 February 19, 2014 Jay L. Hough, Agent 3912 Bosworth Drive, S. W. Roanoke, Virginia 24014 Dear Mr. Hough: I am enclosing copy of Ordinance No. 39866-021814 rezoning property located at 4662 and 0 Old Mountain Road, N. E., from Residential Single Family District (R-5) to Mixed Use Planned Unit Development District (MXPUD), as set forth in the Zoning Amended Application No. 1 dated February 10, 2014. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, February 18, 2014; and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon, MMC City Clerk Enclosure pc: Gary Scaggs, 1105 Trevino Drive, N. E., Roanoke, Virginia 24019 Richard Thompson, P. O. Box 7992, Roanoke, Virginia 24019 Kirk Avenue Properties 2, LLC, 112 Kirk Avenue, S. W., Roanoke, Virginia 24011 Jeffrey Peters, 4701 Old Mountain Road, N. E., Roanoke, Virginia 24019 Clarence Bradbury, 4588 Trevino Circle, N. E., Roanoke, Virginia 24019 Kenneth Kersmane, 4596 Trevino Circle, N. E., Roanoke, Virginia 24019 Jay L. Hough, Agent February 19, 2014 Page 2 pc: Rebecca Briggs, 4594 Trevino Circle, N. E., Roanoke, Virginia 24019 Joshua McDonough, 4592 Trevino Circle, N. E., Roanoke, Virginia 24019 David Boles, 4614 Horseman Drive, N. E., Roanoke, Virginia 24019 William Boyd, Newman-Life Estate, 3605 Meadowlark Road, S. W., Roanoke, Virginia 24018 Scott Perkins, 4704 Old Mountain Road, N. E., Roanoke, Virginia 24019 Philip Thompson, Deputy Director of Planning, County of Roanoke, 5204 Bernard Drive, Roanoke, Virginia 24018 Getra Hanes Selph, President, Old Mountain Road Neighborhood Watch Association, 1527 Read Mountain Road, Roanoke, Virginia 24019 The Honorable Brenda S. Hamilton, Clerk of Circuit Court Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Ann H. Shawver, Director of Finance Steve Talevi, Assistant City Attorney Philip Schirmer, City Engineer Susan Lower, Director, Real Estate Valuation Rebecca Cockram, Secretary, City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of February, 2014. No. 39866-021814. 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, Harpear Properties, Inc., has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the property located at 4662 and 0 (zero) Old Mountain Road, N.E., respectively, bearing Official Tax Nos. 7410102 and 7410101, respectively, rezoned from Residential Single-Family District (R-5), to Mixed Use Planned Unit Development District (MXPUD); 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 February 18, 2014, after due and timely notice thereof as required by §36.2- 540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public 1 necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject property, and for those reasons, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that Official Tax Nos. 7410102 and 7410101, respectively, located at 4662 and 0 (zero) Old Mountain Road, N.E., respectively, be, and are hereby rezoned from Residential Single-Family District (R-5), to Mixed Use Planned Unit Development District (MXPUD), as set forth in the Zoning Amended Application No. 1 dated February 10, 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: ' hire)/ City Clerk. 2 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: February 18, 2014 Subject: Application by Harpear Properties, Inc., to rezone property located at 4662 and 0 (zero) Old Mountain Road, N.E., bearing Official Tax Nos. 7410102 and 7410101 respectively. The application is to rezone the property from R-5, Residential Single-Family District, to MXPUD, Mixed Use Planned Unit Development District. Recommendation The Planning Commission held a public hearing on Tuesday, February 1 1 , 2014. By a vote of 5-0, the Commission recommended approval of the rezoning request, finding Amended Application No. 1 is consistent with the City's Comprehensive Plan, Hollins/Wildwood Area Plan, and Zoning Ordinance as an existing underutilized property will be redeveloped for an active use in a manner appropriate to the surrounding neighborhood. Application Information Request: Rezoning and Amendment of Proffered Conditions Owner: Harpear Properties, Inc. Applicant: Harpear Properties, Inc. Authorized Agent: Jay L. Hough City Staff Person: Katharine Gray, Land Use and Urban Design Planner Site Address/Location: 4662 and 0 Old Mountain Road, NE Official Tax Nos.: 7410102 and 7410101 Site Area: 0.88 Acres Existing Zoning: R-5, Residential Single-Family District Proposed Zoning: MXPUD, Mixed Use Planned Unit Development Existing Land Use: Retail sales establishment, not otherwise listed Proposed Land Use: Retail sales establishment, not otherwise listed; Laundromat, and Dwelling, multifamily Neighborhood Plan: Hollins/Wildwood Area Plan Specified Future Land Use: Single-family, High Density Filing Date: Original Application: January 10, 2014 Amended Application No. 1 : February 10, 2014 • Background City documentation from the Board of Zoning Appeals shows that there has been a commercial use of this property since 1961 . At the time the property was annexed into the City in 1976, there was a convenience/grocery store in operation at this location. The convenience/ grocery store is still in operation. Other commercial uses have occupied the site alongside the convenience/grocery store over the years, including a take-out restaurant, video tape rental, and sales and repair of video cassette recorders and televisions. These commercial uses have been and continue to be nonconforming in the R5 zoning district since the time of annexation. In the Fall of 2013,Jay Hough met with staff to discuss the possibility of rezoning the property to substantially reconstruct the existing commercial building. The conversation progressed in time to accommodate a new building housing a convenience store with apartments above and changed again to two buildings housing a convenience store, laundromat, and apartments. The current R-5 zoning would not permit new building with these uses. In January 2014, Harpear Properties, Inc. filed an application to rezone the property to MXPUD. The applicant desires to redevelop the property in phases. In the first phase the applicant proposes to build a new mixed-use building that contains a convenience store with apartments above and remove the existing building. In the second phase, the applicant proposes to build a second mixed- use building containing a laundromat and apartments. On February 10, 2014, Harpear Properties, Inc. filed Amended Application No. 1 addressing numerous staff comments. Conditions Proffered by the Applicant As a MXPUD, the development plan attached to this amendment is binding for future development. Development guidelines are listed directly on the development plans that include a site plan and building elevations. Considerations Surrounding Zoning and Land Use: Zoning District Land Use North R-5, Residential Single-Family District Single-family detached dwellings South R-5, Residential Single-Family District Single-family detached dwellings East R-5, Residential Single-Family District Single-family detached dwellings West R-5, Residential Single-Family District Single-family detached dwellings 2 Compliance with the Zoning Ordinance: The purposes of the MXPUD District are to encourage the orderly development of mixed residential/commercial sites and to encourage innovative development patterns that create a desirable environment, particularly for lots which contain a number of constraints to conventional development. The proposed development plan fulfills most objectives stated in the purpose of the MXPUD District. The plan provides for efficient use of land and infrastructure through high quality design, compatible architecture in keeping with the surrounding neighborhood; a compatible mix of commercial and residential uses; and safe and efficient accommodations for automobiles and pedestrians. The proposed development plan proposes 13 dwelling units in addition to 4450 square feet of commercial space on the 0.88 acre property. For comparison purposes: • If the 4238 square foot commercial building were to remain and the vacant portion of the property were developed as single family dwellings, four to five dwelling units could be accommodated. • If the residential density of the MXPUD district was used to the maximum extent possible, 21 dwelling units could be created. The parking area may need to be modified slightly to provide for the required landscaping strip at the front of the property and for the required interior tree plantings. This will be addressed during development plan review. Conformity with the Comprehensive Plan and Neighborhood Plan: A theme that runs through the comprehensive plan and component plans is development centered on existing and proposed neighborhood centers. Vision 2001-2020, the City of Roanoke Strategic Housing Plan, and the Hollins/Wildwood Area Plan emphasize the Importance of creating vibrant neighborhoods by preserving the existing neighborhood village centers and new development focused on recreated village center like characteristics. No specific village center is specifically identified in this portion of the community in the Hollins/Wildwood Area Plan. While a rezoning would be inconsistent with the future land use plan, a neighborhood commercial center may be appropriate along this portion of Old Mountain Road, N.E. Such a center would serve as a continuation of the existing commercial establishment serving the neighborhood in this location for decades. It may also be appropriate given the proximity to residential development and lack of other identified commercial development in the general vicinity. Village centers in the City often are located at half mile intervals. The closest identified village center is approximately 1 -1/3 miles from this location. 3 Relevant Vision 2001-2020 policies: • NH P2. Neighborhoods as villages. Neighborhoods will function as villages, offering opportunities to live, work, shop, play, and interact in a neighborhood setting. Neighborhood-oriented commercial activity will be encouraged in well-defined village centers. • NH P3. Neighborhood Plans. The City will adopt neighborhood plans for all neighborhoods. Neighborhood plans will address land use, zoning, transportation, infrastructure, neighborhood services, and the development of village centers and recognize those neighborhoods with architectural and historic value, among other issues. (excerpt) • 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. (excerpt) • NH P6. Housing clusters. Development of housing clusters will be used to encourage and promote neighborhood revitalization, replace derelict or neglected structures, and complement the surrounding neighborhood. A housing cluster is a market-rate residential development consisting of a mixture of residential uses on a large site located within or adjacent to existing developments of established neighborhoods. The proposed development would also need to be consistent with the character and needs of the neighborhood it would serve. The design principles listed below deal with function, scale, placement, massing, and materials. They are common design principles found in small neighborhood centers in the City. Design Principles: SMALL VILLAGE/NEIGHBORHOOD CENTER • Function: The center serves the immediate neighborhood. It is located on a major thoroughfare. The center may contain neighborhood-serving commercial and office spaces such as a gas station/convenience store, small shops, and offices. • Scale: The village center is one block in length. Commercial and office uses are located on both sides of the street. The surrounding neighborhood is primarily two- to three-story residential single-family houses. Apartments will be located in converted older homes. • Design Schematic: Small Village/Neighborhood Center. • Land Uses: Existing buildings are renovated, and new mixed-use infill is added within the block to permit retail on the first floor with office and commercial uses on the second and third levels. • Traffic: On-street parking is added during off-peak hours. An articulated crosswalk in brick identifies the area as "pedestrian friendly" and is a reminder to motorists to slow their speed. 4 • Parking: Off-street parking is added to the rear of the buildings. The parking is paved and well lighted. Retail stores have rear entrances to encourage patrons to utilize the parking lots. • Buildings: New buildings in the village center are not set back and must have 75% glass on the first floor to create visual attractiveness. Awnings, canopies, and other facade improvements are encouraged for existing buildings. Residential uses are permitted on the second floor of the commercial buildings. • Streetscape: An area identity is created by careful use of plant materials, lighting, street furniture, and signage. The proposed development meets many of the aspects of the village center in its function, scale, and land-use. It is located on the thoroughfare that serves the immediate neighborhood and area. It contains a neighborhood serving convenience store and laundromat. It is one block in length. Parking is to the rear and sides of the buildings. Commercials uses are on the first floor with residential uses above and beside. Relevant City of Roanoke Strategic Housing Plan Strategic Initiative Planning Features: • The City of Roanoke has long acknowledged the need to focus on neighborhoods in order to create and maintain a strong, viable community. Roanoke neighborhoods constitute the very essence of the City, its character, quality of life and the urban lifestyle. Certain planning and design features on the residential scale demonstrate success across the country and in Roanoke in creating vibrant neighborhoods. o A clear center or focal point, perhaps a park, a commercial area, a school, church, or other institutional building, or some other feature that is within one half mile of the homes. o A variety of dwelling types that allow people of different life styles, ages, family composition, and tastes to live in close proximity and to interact with one another. o Bicycle and pedestrian trails throughout neighborhoods interconnecting with adjacent neighborhoods. o Urban building lots that are typically narrower than they are deep. Rear garages accessed by alleyways are again in vogue. o Pedestrian scale commercial centers rather than big-box development, even in new, large shopping centers that try to recreate the traditional downtown or neighborhood feel. o Elementary schools within walking distance that serve as major stabilizers of neighborhoods and provide for neighborhood interaction. o Small playgrounds and parks that are located every 1/10th of a mile to provide additional facilities for neighborhood interaction. 5 o Grid street patterns wherever feasible given topography and existing street patterns. o Sidewalks that offer opportunities for neighbors to walk throughout their neighborhoods and link with other neighborhoods. o Narrower, tree-lined streets that add aesthetic appeal and discourage vehicular speeding. o Active neighborhood associations or governance that assist in maintaining the quality of the neighborhood. These features and functions in new or existing neighborhoods create neighborhood pride and stability. A neighborhood center, such as a commercial area, along with a variety of dwelling types, pedestrian accommodations, and tree lined streets are part of what makes up a vibrant area. Relevant Hollins/Wildwood Area Plan Policies: Community Design Policies and Actions • Neighborhood Character: Established neighborhoods should retain their current character and development patterns. Higher density residential development should be concentrated on the edges of commercial development and closer to arterial streets. • Design: Future commercial development should adhere to the design principles of Vision 2001-2020 for commercial corridors: o Concentrations of higher-density, mixed use development and live/work space at key intersections o Minimal curb cuts, shared parking, increased lot coverage, signs co-located, no excessive lighting, and orientation of buildings close to the street o New Development: Require new developments to incorporate urban amenities (e.g. sidewalks and curbs), and mixed-use (commercial and residential) where possible. Residential Development Policies • Neighborhood Character: Older neighborhoods should retain their current residential character. • Zoning: Zoning should reinforce the existing character of neighborhoods. • New development: New development should be well-planned and use limited land resources wisely. Infrastructure should be installed in conjunction with new development, including street improvements to address added traffic. 6 • Zoning: Maintain the density of existing neighborhoods in the update of the zoning ordinance, and promote higher densities close to commercial properties and arterial streets. Economic Development Policies • Village Centers: Village centers should provide a pedestrian-oriented commercial area for nearby residents. Infrastructure Policies • Streetscapes: Streetscapes should be well maintained, attractive and functional for pedestrian, bicycle and motor traffic. • 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. • New Development: Infrastructure should be installed in conjunction with new development, including street improvements to address added traffic. Traffic studies by prospective developers may be required. • Stormwater Drainage: Stormwater runoff should be mitigated as much as possible through improvements that are consistent with the character of the neighborhood. The future land use plan contained in the Hollins/Wildwood Area Plan designates the property for high-density single family use, which is consistent with the current R-5 zoning. However, a land use change may be justified at this location because it will allow an existing commercial business that has served at the center of the neighborhood for decades to upgrade to a new building of approximately the same commercial square footage. The proposed inclusion of multifamily dwellings/townhomes, while an intensification in overall use of the property, does add variety to the existing housing types and provides a transition from the commercial use to the surrounding single family residential use that is in keeping with the general principles of the comprehensive and component plan. However, it is imperative with such change that the overall scale, layout, and massing, primary entrance, window and door openings, and materials of the proposed development be consistent with surrounding area. City Department Comments: • Buildings should address all three streets but currently address only residential streets...include/increase commercial glazing and entrance on Old Mountain Road facade 7 • Buildings should move back from front property line on residential streets to reflect standard neighborhood setback: 30' on Horseman and 20' on Trevino • Reduce pavement area of parking lot to smallest necessary • Move dumpster enclosure away from adjacent residential lot - 1 5' minimum • Reduce drive entrance to 24' width • Show sidewalk, curb, gutter, and large deciduous street trees on all three frontages as noted in written comments attached • Show lighting plan for property • Application should identify the downstream channel and state that a downstream channel analysis will be done as part of the plan review process and any improvements to the channel required will be completed in accordance with City stormwater ordinance. Review storm water management requirements with Danielle Bishop at 853-1325 • City plans to address stormwater involve culverting the ditch beside Trevino Circle, which would make current bridges unnecessary, sidewalks across culverted and filled area should be shown instead. Please contact Joshepus Johnson-Koroma at 853-2706 for additional information on culvert project • Show a site section with massing from the houses on Trevino through the proposed site development and buildings to the house on Horseman including any proposed fill/cut of site • Show and list durable materials to be used in project (brick,...) • Phasing should be noted on development plan: o Phase I = Building I, site development, and demolition of existing building o Phase II = Building II and site development • Note number of units and square footage of residential and commercial space on development plan • Note additional information on signage for site or that signage on site will meet the CN standards within the zoning ordinance • Correlate elevations to plans • Clearly label all development plan drawings: A, B, C • Rezoning to Planned Unit Development should be checked on front page of application instead of Rezoning, Not Otherwise Listed. • Submit membership information of owner: Harpear Properties, Inc. Applicant filed Amended Application No. 1 addressing the comments listed above. Staff is still concerned that while the size of the parking area has been reduced, it is substantially wider than the minimum necessary. And, the stormwater retention pond (not indicated in the original application) is located prominently at the corner of Old Mountain Road and Trevino Circle. In 8 discussion with staff, the applicant included a note on the PUD development plan that the retention pond will either be a bioretention basin (shallow basin with mulch and vegetation), or a retention pond with no embankment above grade surrounded by shrubs and trees. Reducing the parking area width could still be considered during development of the site and would reduce impervious surface, associated runoff and ultimately reduce the size of the retention pond at the front of the property At this point, the general proposal is consistent with the goals of the plans and policies of the City of Roanoke. Public Comments: None Planning Commission Work Session (lanuary 24, 2014) Planning Commissioners present liked the general concept of the development, but shared similar concern with details as staff. Planning Commission Public Hearing Discussion: Five people spoke during the public hearing in regards to the proposed planned unit development plan. The concerns were related to the existing stormwater and sewer drainage problems that exist in this area, the noise from the existing apartment units on the site, additional traffic from the additional residential units, and the potential smell from the dumpster. Chad Van Hyning, Chair Y City Planning Commission(' cc: Chris Morrill, City Manager R. Brian Townsend, Assistant City Manager Chris Chittum, Direct or Planning Building & Development Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Kenneth M. Pearson, Harpear Properties, Inc. Thomas M. Harp III, Harpear Properties, Inc. Jay L. Hough, Authorized Agent 9 ar Department of Planning,Building and Development ROANOKE Room 166, Noel C.Taylor Municipal Building RECEIVED 215 Church Avenue, S.W. Roanoke,Virginia 24011 FEB 10 2014 I Click Here to Print I Phone: (540)853-1730 Fax: (540)853-1230 cm OF ROANOKE PLANNr NU,LOINb AND LOPMENT Date: 2-1®• i4 Submittal Number � ►� "Ina' 0 1 U Rezoning,Not Otherwise Listed ❑Amendment of Proffered Conditions ❑ Rezoning,Conditional ❑Amendment of Planned Unit Development Plan ® Rezoning to Planned Unit Development ❑Amendment of Comprehensive Sign Overlay District ❑ Establishment of Comprehensive Sign Overlay District Address: ZLra OW MDUtlk/kih 1Z , d•G(02 old M0V4e4.;n 12.A' 14.5. Official Tax No(s).: I 741 0101 7410 Existing Base Zoning: 12 - y _ With Conditions (If multiple zones,please manually enter all districts.) fig Without Conditions Ordinance No(s).for Existing Conditions(If applicable): jg With Conditions proposed Requested Zoning: iM Xrit, 1 Without Conditions Land Use: f�lk�b 0 pk gj r�`IA L- �ArItzv- In411 Wild644 t; L,Vk: Name: kfr-46tFiZ M Ar,. r•✓ ' 4ingrc vH' .1.f0 il( 1PhoneNumber F740'"3 4 Osoo , V4 ' • •• 3 .2• " • 30 Addre//ss: 2), Pw„n:/4 PT A. in"elf . A .11//1/ E-Mail: -- Property Owner's Signature: !y 4 4 -/1". Name: Phone Number. Address: E-Mail: Applicant's Signature: Name: .y ` , ' Phone Number: lel4 3 a � 3�, . go8E I Address: 'ha(f 17 W 0✓''1 I1 . 'f'7 r • E-Mail: I J (141 9 coy. k Authorized Agent's S" emu its sukOT�r�ia 6appdfaetTDns. - ROA N O K E F7 Completed application form and checklist. I✓Written narrative explaining the reason for the request F Metes and bounds description,If applicable. r✓Fiting fee. or a re ,n o ei elf ed,rt�re n9 mustailo besubmaleil �VConceptplan meellrg-th&AppIIcation.Raquirements of Item'2(c)Lin2oning-Amendment.Emcedures, gr a'cond onn "nscon ;tie ucrust �e�sut g ✓ 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. or a rinn 1 tie f-relit g must mole sulmatked p� �f V Development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. [59r a Nralekyniaviiriay dletriat{+the fallovritlg mustPik dried r Comprehensive signage plan meeting the requirements of Section 36.2-336(d)(2)of the City's Zoning Ordinance. CFA an opor b - cM6io he full inglmust aw"s" d1 Ame nded development or concept plan meeting the Application Requirements of item'2(c)'in Zoning Amendment Procedures, F if applicable. r Written proffers to be amended. See the City's Guide to Proffered Conditions. r Copy of previously adopted Ordinance. .gray armed unif`davelopmentramendhlent, ' , Q e wi� , : , a a- ,� t :.[y ✓ Amended development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. F Copy of previously adopted Ordinance. �irwrr prj$�gp � 8° , Srlla .���" ., n�... � , 'mil a��' " F Amended comprehensive signage plan meeting the requirements of Section 36.2-336(d)of the City's Zoning Ordinance. F Copy of previously adopted Ordinance. Drat, ''' 41t' ,. »., "tr <V3 [. .8 ✓ A Traffic Impact Study in compliance with Appendix 8-2(e)of the City's Zoning Ordinance. -ray : 1TMtY � VD�, t ;1r�1 � u ,w bit ,� . , '�.. a�'.�.,"I�at (res�at ,.Mr' ' U._.�n m..H �'.. �^`.°2GN +.*..rs+n,cn1._,. .. ✓ Cover sheet. F Traffic impact analysis. r Concept plan. r Proffered conditions, if applicable. r Required fee. 'An electronic copy of this application and checklist can be found at www.roanokeva.govlpbd 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. RECEIVED FEB 10 2014 CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT Zoning Amendment Narrative February 6,2014 Re:4662 Old Mountain Road, "Zero"Old Mountain Road Roanoke City Planning Commission Dear interested parties: The above referenced properties face Old Mountain Road and are under single ownership. They are currently zoned R-5. The western lot has had an operating grocery/ convenience store with attached rental residences on premises since sometime before 1960. The adjacent lot has never been built upon. The owners seek to combine and improve the properties while retaining existing uses. An initial meeting with Planning and Building Development investigated rehabilitation and enlargement of the existing structure on 4662 with a focus on retaining its grandfathered mixed use. It was during this meeting that an option involving the combination and re-zoning of the properties to CN, later revised to MXPUD,was suggested by the Planners. The proposed use and development of the site involves building a 3,420 sf footprint structure on what is now the east lot,with six residential rental units facing Horseman Road. These units would contain 5,700 square feet of living space: four two bedroom units of 1,140 sf in two stories flanked at either end by two one bedroom,one story units in 570 sf. Below the existing grade of Horseman Drive, and beneath these residential units are 3,420 sf of proposed commercial space. This space would front the middle of the property,opening onto a parking area for 28 cars, and two screened trash receptacles. Upon completion of the first building,the existing market would be demolished to make way for the full plan to be implemented. The second building proposed is two stories with a 4,045 sf footprint. The mix here calls for 765 sf of commercial space fronting Old Mountain Road at ground level with two 550sf,one bed mom rental units above accessed from stairs behind the space. Those stairs also serve a one bedroom,620 sf unit and a 1,010 sf two bedroom space above a like configuration below. The remainder of the second building is three two story 1,140 sf,two bedroom units fronting Trevino Circle. Total residential space is about 7,780sf. All of these referenced square footages are close approximates. The proposed mix of commercial and residential uses for this site is in keeping with the City's Vision 2001/2020 Plan. That outline for future development speaks of the need for diversity in neighborhoods throughout the city, both in terms of housing types and in land uses. With no other similarly zoned parcels in the area,this site offers the opportunity to serve several neighborhoods in its immediate area as a small "village center",and has been operating as an outlying commercial site for decades,long before being annexed by the city. The proposed development would moderately expand a commercial presence with leasable space for offices,shops,restaurants,or other neighborhood oriented services in addition to the revitalized convenience store/market. This,coupled with a limited number of one and two bedroom apartments on the site,lends neighborhood diversity to the area as planned for in the Vision proposal. The project's design has been influenced by the City's Area Plan for Hollins/Wildwood in-several regards. The-six apartments_facing.Horseman Drive have been set back from the property line to be more in keeping with the adjacent yards on the street The building facing Trevino Circle is flanked by rear yards of the homes facing Horseman. With no adjacent structures to consider,the building is held closer to the property line here. Building heights relative to their faced streets are held to two stories,on Horseman the end units drop to one story,to be more in scale with the neighboring residences. Entry into the parking area serving the site is directly opposite Trevino Drive's intersection with Old Mountain Road,the area's main arterial route,and a connector of Hollins/Cloverdale and S.E.City/Downtown. Vegetative screening and a built screen are planned to separate this lot from its immediate neighbor on Horseman Drive. Two neighborhood meetings were held in mid-December on site at the Corner Market. Of the twelve people that attended,six neighbors voiced concern. Existing lack of stormwater management on Trevino Circle was the most common topic, followed by reservations regarding increased density and related automobile traffic. The comments regarding traffic were mostly related to speed of traffic on Old Mountain Road as it approached the intersections of Trevino Circle and Trevino Road across from the entrance to the proposed parking area, and approaching Horseman Drive coming in the other direction. They consider the intersections to currently be fairly dangerous because of limited sight distances and traffic speed. The stormwater issue is related to a ditch adjacent to Trevino Circle that is currently used by the city to direct runoff from paving and 50+houses built over the last several years on Horseman Road above the site. That drainage has caused problems in heavier rains as trash impedes flow in the ditch,causing flooding in the street and in back yards of homes fronting Horseman,and on the site. Both issues can be resolved and will be addressed in the event this proposal moves forward,as they too have been considered in the City's neighborhood plan,and in the case of the stormwater,plans are currently being engineered to culvert the ditch. Runoff from the site development will be tailored to fit the City's plans. On the other hand,the people who attended the meetings,and others I spoke with in the neighborhood appreciated the store,and did not want to see it disappear. There was no objection to the possibility of increased commercial or office space in this location as it was considered a convenience. When drawings of the proposal were displayed at the meetings,all comments regarding the scale and appearance were favorable save for two, and a change has been made in this iteration to satisfy one of those concerns. The other was general dissatisfaction with a change in the viewshed. .g %. CORNER IN MO= OF CREEK (� 0 • o , o, ct 10' EASEMDIT '• Oa PS t 1 is ill a Cot J MI 1.07.017 Cf i '71'1 ES41 j E%. ei.aac ewinw� manrY the • c/I MICR=NC.® TY 7410102 O \�0.011:11.40 tih,. (441!6)ACME b Maar • DAC It t API.11 BOUM 6'EAS0017—. TY 7410103 Hera I bl _TO_�� ' 0 6'EAROOIT • 'r OC (64121)ACRES ZQf° PAD D1d {Doanh-a:n {t(, tic mr eDK\ HORSEM I DR ., AN if 50 R AW) -.-___ it &dl 'IN'IOQSC�GSA I L .% e,. �s 'r O ' i. Jiyr yam.t. UJ,*,let �.. 5,i . ,, ---"- 1` '., k i ILL i' A r-c . . I Oil �,�_ ►• i _0 yo ,a -^y ' 10 ItA F , 4‘11.-1V I r.9 r 1 . ka -' il :, . z 2.;;4 %,,A7:NN4T-, .-...,.., .. ,i a c”1-; I77.. _ b4g.calz efiB6 BW®!6dAS: CZ tageto{iN.Gn} ' 'tta/r RECEIVED A' IJib-17aicv*I/n ar 970-63/4)% ^d frif t 04 F:' 102014 WI,uig O Tap((„O Y L-�^` )viI 4,065Ecs,44 vN M S-4.7:-t) DA s.It 40e5 a ___ • ___ __ ____ _ ___ _ ._____ _._ . ..,..... . ,.,: „.. .....„ : .. ,_. _ .. ii ......,,AA.,_ x u.... , , s_.,„.:_____,...i , , ,..„.....__ ,...„. . ._ .., ,...„,, ,., , : -1- , . _ - . — ice .;is-sK4i _ al t CA aa.i k r ° ? . * fir, •A ? 4'� . ' 7 5 *Su s. II w41 AI ! it4 a Mn (5 Qz/ CA WW1:Cc-1 a, 4 t i .i LI:tft'r' ‘12 ,_ 1. ...1411.11".„17141.LT14 ?itthili 4 .:E•rwi ;155l1s ,, Aw, sl ! .r Pry_., ,•..K._Ac..,.,; O A a O vo p ° ��.-�- `.:12.x' CI 1 A .w +_ - 704 L r P 44444444 half gcaIC -- 12cktOrvcna/r '17!tuA 1'2 RECEIVED FEE 10 '214 GT Of RC...JE PLANNING BUILDrNG AND DEVELOPMENT . . _ _ ------ — _ -- _!--__.. ).,....... ....„ __,....2, ..: , - .....„1,,,_.•- :_. ..e..:_r_ ,rw_ ---1,4i _3% -1 :_z . F.::=1: . —_, , _...... . c_:.... , _ __a._ . ,..7„, ,—,-.. ..,-- . )4.4.....„ ■•••■••••"_je.......- -..2... -,-, -is. it et ..., , , , .. .... . i,.._ ..., i Es i It i 4 - -...F.:.4.- - ''-'' + ,..... ,•,4'!!` 1,- A - ta4,-E`-.La.'7. ' a - --:-S" - ' ' - ' -- _ - —- ""n--.4C--' "z". -2- ...- i g i•e r.... :". -— i i 1-- 1 1 e . tIS- - - . ir , , ON 1 cii , _\ ,,e, . ,.... ... tr. . _..:„.„-p.i. ,..... ., . _ .....-- .-- !!......-=-..-,+Thir ! allIa —' -- ..-- .Th i-----L iii : I k c". - iti , 1 , -,, 3 1_ __—.. B g i ... CSI l' ti _. _. - ------ .:..... --, -iar_Ha--I"'" • c _.Fr 0 ..t; ,, ...71....-...faristAiwot..-___ ' tr---- --:,....t_t- :err -1 _ . ' IL __— 111 - J.: A . . , ....". c OCI T:. -'.* • ----- - --• - - . - 1 . .. , — , 4 , I :V , . 11, .-- - -7-, ----- i.,..-:-..•,;:r -- . C •"\;...V.Tte..c,- • asclitcourai design..ar vices • I inn,. ....,t•-=---s.--.1: 19n ciami muSC•ItIMI4ola v■pAili in if.11C11 414.4 4-,Z.C.\ce i . /. aielot,vvV.WIS no%V\ (....." RECEIVED FEB 10 2314 CAry OF ROANC'KE pLANNtic Mit PING NZ(*Jr OPMENT Adjacent property owner list for 4662 and"0"Old Mountain Road,N.E. TAXID LOCADDR OWNER OWNERADDRI MAILCITY MALLSTATE 7370101 1105 TREVINO DR NE SCAGGS GARY W 1105 TREVINO DR NE ROANOKE VA 7370224 1106 TREVINO DR NE THOMPSON RICHARD D PO BOX 7992 ROANOKE VA 7370810 0 OLD MOUNTAIN RD NE KIRK AVENUE PROPERTIES 2 LLC 112 KIRK AVE SW ROANOKE VA 7380101 4701 OLD MOUNTAIN RD NE PETERS JEFFREY M 4701 OLD MOUNTAIN RD NE ROANOKE VA 7390935 4588 TREVINO CIR NE BRADBURY CLARENCE M&TINA M 4588 TREVINO NE ROANOKE VA 7390943 4596 TREVINO OR NE KERSMANE KENNETH P&JOAN C 45%TREVINO NE ROANOKE VA 7390944 4594 TREVINO CM NE BRIGGS REBECCA L 4594 TREVINO NE ROANOKE VA 7390945 4592 TREVINO OR NE MCDONOUGH JOSHUA A 4592 TREVINO CIR NE ROANOKE VA 7410103 4614 HORSEMAN DR NE BOLES DAVID W&APRIL M 4614 HORSEMAN DR NE ROANOKE VA 7410222 4621 HORSEMAN DR NE BOYD WILLIAM NEWMAN-UFE ESTATE 3605 MEADOWLARK RD ROANOKE VA 7410223 4704 OW MOUNTAIN RD NE PERKINS SCOTT E 4704 OLD MOUNTAIN NE ROANOKE VA /a°°,-. 90" 7380932 S+IUI1w 7410218 ',lutaa APPLEWOOD 7390910 2: 7410232 : 7410112 $ 7410217 ua 7390820 7390918 7390931 7410111 7410230 Row, � 1 7410218 . 01'1 7390917 7390930 S 7410229 39080 7390819 7410110 7390915 7390929 7410219 7390818 7410109 7410228 7390804 7390817 7390919 7390928 7410108 7410220 739092073909271_ 7410107 7410221 7410227 739080' 7390818 _ 7390808 g 7390921 7390928 7410106 P44 i 7380815 11 „}�'► 44B •• 7390807 7390982 7390925 7410105 4" 4* °w 7390814 ��? 7390808 0 0A 7410104 O o� 790809 7390813 e� r a ti 942 I No • it 7390810 '� 7390 11� .:❖:•. 7390943 .........424...... '1 ••••,„••••"••• 1390 ,•, ••• ••••••••••••�'•••••'•0••••••: AFFIDAVIT APPLICANT: Harpear Properties, Inc. LOCATION: 4662 and 0 "Zero" Old Mountain Rd., N. E., Tax Nos. 7410102 and 7410101 REQUEST: Rezoning 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 29th day of January, 2014, notices of a public hearing to be held on the 11th day of February, 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 7370101 GARY W SCAGGS VICKY M SCAGGS 1105 TREVINO DR NE ROANOKE VA 24019 7370224 RICHARD D THOMPSON LINDA R THOMPSON PO BOX 7992 ROANOKE VA 24019 7370810 KIRK AVENUE PROPERTIES 2 LLC 112 KIRK AVE SW ROANOKE VA 24011 7380101 PETERS JEFFREY M 4701 OLD MOUNTAIN RD NE ROANOKE VA 24019 7390935 BRADBURY CLARENCE M & TINA M 4588 TREVINO CIR NE ROANOKE VA 24019 7390943 KERSMANE KENNETH P & JOAN C 4596 TREVINO CIR NE ROANOKE VA 24019 7390944 BRIGGS REBECCA L 4594 TREVINO CIR NE ROANOKE VA 24019 7390945 JOSHUA A MCDONOUGH 4592 TREVINO CIR NE ROANOKE VA 24019 7410103 BOLES DAVID W&APRIL M 4614 HORSEMAN DR NE ROANOKE VA 24019 7410222 BOYD WILLIAM NEWMAN-LIFE ESTATE 3605 MEADOWLARK RD ROANOKE VA 24018 7410223 PERKINS SCOTT E 4704 OLD MOUNTAIN RD NE ROANOKE VA 24019 County of Roanoke Philip Thompson Deputy Director of Planning 5204 Bernard Dr. Second Floor Roanoke, VA 24018-0798 Rebecca Cockram SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 29th day of January, 2014. Can ?. Notary Public CANDACE R. MARTIN NOTARY PUBLIC Commonwealth of Virginia Reg. #22076 MYCommi$gion Expires 11/30 I PUBLIC NEARING The Roanoke Times I I NOTICE Roanoke, Virginia All public hearings Affidavit of Publication advertised hen in will be 'held in the City Council floor. Chamber, fourth floor. Room ipvi Noel G Taylor The Roanoke Times Church 40 Banding, 215 Church Avon ue, S,W„ +- Roanoke, Virgin ia. All --ii --- for applications review are ovallable Appllcatlon by to rezone r for re in the Planning Properties,Inc.,to rezon CITY OF ROANOKE, PDV Building and Development office, Rohm property located at 4662 166, 215 and 0(zero)Old Mountain PLANNING, BLDG. , DEV Church Ave.5.w.,Roanoke, Road,N.E.,bearing Official VA. Tax Nos. 7410102 and 215 CHURCH 166 7410101 respectively. The Any person with a disability application is to rezone the ROANOKE VA 24 011 accommodation to ene�d property i Single-Family or participate in the District,to MAPUD,Mixed hearings should contact Use Planned Unit Planning Building and Development District. The Development at (540) land use categories REFERENCE: 80076514 853-17x0:in' least five days hearing. permitted in thMXPUD rio the scheduled ptledl residential;PUBL I CHEAR INGNOTI CEA accommodations and group Hying; commercial; The City o f Roanoke a s s e m b l y a n d Planning Commission will entertainment; public, State of Virginia hold a public hearing on Institutional and community City of Roanoke February 11,2014,at 1:30 facilities;transportation; p.m., or as soon as the utility;agricultural;and matters may be heard,to accessory,with a maximum consider these applications: density of one dwelling unit I, (the undersigned) an authorized representative per 1,800 square feet of lot Application by 1MB area. The comprehensive of the Times-World Corporation, which corporation investment Company,LLC plan designates the to rezone the property and property for single-family, is publisher of the Roanoke Times, a daily repeal conditions proffered high density use. The as part of a previous proposed use of the newspaper published in Roanoke, in the State of rezoning at 191910th 5t„ property is convenience N:W.,bearing Official Tax store, Laundromat, and • Virginia, do certify that the annexed notice was No. 2060534. The apartments. • published in said newspapers on the following property is to from p g aropeity ftom light Rebecca Cockram, dates : industrial District(I-1),with Secretary,City Planning conditions , to Commission Commercial-General District (CG),with conditions, The City Council will hold public conditions proposed for hearings on the aforesaid repeal,adopted through the applications on February enactment of Ordinance 18,2014,at 7:00 p.m.,or Nos. 2 7 2 0 4 and as soon as the matters may 32816-020596, require be heard. existing structures to be City/County of Roanoke, Couuuonwealth/State of painted and repaired; Stephanie M.Moon,MMC, require landscaping and City Clerk Vir inia. Sworn and subscribed before me this maintenance per site plan v. dated August 8,1984;limit The City of Roanoke Board day of Feb 2014 . Witness my hand and the size and number of of Zoning Appeals will hold fl al Seal . outdoor advertising signage a public hearing on boards on the property; February 12,2014,at 1:00 prohibit the expansion of p.m., or as soon as the the existing buildings or matter may be heard,to ��� v /i( ,A y, ,�L Notary Public erection of new builtlings consider this application: .. and limit the use of existing builtlings. the applicant Application from Chelsea proposes to proffer new site Powell,for property located plans,development plan at 2224 Westover Avenue, exhibits A,B,and C dated S.W.,bearing Official Tax sxx,,atvuxxrzx June 18. 2013, and a No.1432013,zoned R-7, CEN z building elevation plan Residential Single Family i, revision dated Dec. 03. District, for.a special i �` P ��� 2013, showing a new Section 3e. pursuant to b u i l d i n g,4. a new Section 36.2311,Zoning, PUBLISHED ON: 01/29 02/05 -5/---1�P' NOTARY configuration of site Code of the City of Roanoke PUBLIC 9 development, and the (1979),as amended, to existing three(3)outdoor allow an agricultural - . : REG. #332964 *= advertising signs. The use operation at this location. classes permitted in the CO MY COMMISSION = District include Rebecca Cockram, 0- .•. PIRE _ Q . accommodations and group Secretary, living; commercial; City Board of Zoning•cif 6-7..".z. industrial;assembly and Appeals /f7 • .` entertainment; public, . 'free.�� ••• ',NO\1 Institutional and community (13536558)• I'VE rte facilities;transportation; TOTAL COST: 1,208 . 16 .„. -,L uelity; agricultural; one accessory,with a maximum FILED ON: 02/05/14 floor area ratio of S,o.The comprehensive plan +-designates the property for tt light manufacturing use. The proposed use of the property is retail sales. Authorize. Signature : _ )/ Wg' • �LV(_ Billing Services Representative 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 February 11, 2014, at 1:30 p.m., or as soon as the matters may be heard, to consider these applications: Application by JMB Investment Company, LLC to rezone the property and repeal conditions proffered as part of a previous rezoning at 1919 10th St., N.W., bearing Official Tax No. 2060534. The application is to rezone the property from Light Industrial District(I-1), with conditions, to Commercial-General District (CG), with conditions. The conditions proposed for repeal, adopted through the enactment of Ordinance Nos. 27204 and 32816-020596, require existing structures to be painted and repaired; require landscaping and maintenance per a site plan dated August 8, 1984; limit the size and number of outdoor advertising signage boards on the property; prohibit the expansion of the existing buildings or erection of new buildings and limit the use of existing buildings. The applicant proposes to proffer new site plans, development plan exhibits A, B, and C dated June 18, 2013, and a building elevation plan revision dated Dec. 03, 2013, showing a new building, a new configuration of site development, and the existing three (3) outdoor advertising signs. The use classes permitted in the CG District include accommodations and group living; commercial; industrial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory, with a maximum floor area ratio of 5.0. The comprehensive plan designates the property for light manufacturing use. The proposed use of the property is retail sales. Application by Harpear Properties, Inc., to rezone property located at 4662 and 0 (zero) Old Mountain Road, N.E., bearing Official Tax Nos. 7410102 and 7410101 respectively. The application is to rezone the property from R-5, Residential Single-Family District, to MXPUD, Mixed Use Planned Unit Development District. 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 single-family, high density use. The proposed use of the property is convenience store, laundromat, and apartments. Rebecca Cockram, Secretary, City Planning Commission City Council will hold public hearings on the aforesaid applications on February 18, 2014, at 7:00 p.m., or as soon as the matters may be heard. Stephanie M. Moon, MMC, City Clerk The City of Roanoke Board of Zoning Appeals will hold a public hearing on February 12, 2014, at 1:00 p.m., or as soon as the matter may be heard, to consider this application: Application from Chelsea Powell, for property located at 2224 Westover Avenue, S.W., bearing Official Tax No. 1432013, zoned R-7, Residential Single Family District, for a special exception pursuant to Section 36.2-311, Zoning, Code of the City of Roanoke (1979), as amended, to allow an agricultural operation at this location. Rebecca Cockram, Secretary, City Board of Zoning Appeals Please publish in newspaper on January 29 and February 5, 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 ■ • Department of Planning, Building and Development JAN >t o zoa ROA N O K E Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke,Virginia 24011 CITY E oP1 TCdiok Here to Phone: (540)853-1730 Fax: (540)853-1230 P1Ar+rxNc BUIL DING naDL Date: 12. / 2 G/2 O ( "7-j Submittal Number: Or;6; ® Rezoning,Not Otherwise Listed ❑ Amendment of Proffered Conditions ❑ Rezoning, Conditional ❑ Amendment of Planned Unit Development Plan ❑ Rezoning to Planned Unit Development ❑Amendment of Comprehensive Sign Overlay District ❑ Establishment of Comprehensive Sign Overlay District Address: t}(0(o2 + "Zero „ Old 410U114-ul.1 ilia• ki Official Tax No(s) I O f o 2 + 7 4 10 1 0 1 Existing Base Zoning: ❑ With Conditions (If multiple zones,please manually enter all districts.) © Without Conditions Ordinance No(s).for Existing Conditions(If applicable): Requested Zoning: NAY-170v l Proposed Land Use: red)1 tiev6 C"-1 i cvwtWWVC 1 Zt _ q4-0 -'S",1•oioo Name: Ally- ea Propel/445 ( wt • I Phone Number: 540 • 3(,2 -44s Address: ( ( t&Jl Id I—LAWS+ Alit. Vett yeheVol 24012 E-Mail: I _ ii� � .,Ad " Property Owner's Signature: Name: Phone Number: Address: ( _ 1 E-Mail: Applicants Signature: AmentizallAsounneinatIonaisnrablek Name: .174,1 (, t l Phone Number: ti40.3h.5•15obi Address: (2 f504010( Dr- 1740ytvOKQ, Vim• 1.44 o(4 E-Mail: (� Ii44-sP zbx, IAc�. Authorised A s ' tire: ry ROANOKE T�"he,fol ing fib e bmittedfiorili;applicatlons'��:, � ^ -�.; Ja V Completed application form and checklist. IT/Written narrative explaining the reason for the request. F Metes and bounds description,if applicable. ✓ Filing fee. Elatiifthefollowrtgmtiat°al�aoaubmil6ed [Fo�va a'izonh�not�ervirite; F Concept plan meeting the Application Requirements of item'2(0 in Zoning Amendment Procedures. ,6or a conditlonaisi zoni ;'5 a ' owl ;" nu al ;. ' u aral F Written proffers. See the City's Guide to Proffered Conditions. Concept plan meeting the Application Requirements of item'2(c)'In Zoning Amendment Procedures. Please label as r 'development plan'if proffered. eEor,a>plalnnetl un devalopmant ihefollowr m e submted`m r Development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. fora to r reh'sneive 'i iallowlr"y'q tore' dbmittid F Comprehensive signage plan meeting the requirements of Section 36.2-336(d)(2)of the City's Zoning Ordinance. For an amend tot Skied g' :gjnt1 i' `iubmIttid Amended development or concept plan meeting the Application Requirements of item'2(c)'in Zoning Amendment Procedures, r if applicable. F Written proffers to be amended. See the City's Guide to Proffered Conditions. F Copy of previously adopted Ordinance. Fora:• annediuirit+davo ."i -nbam ent,thrtfollogrin imustralaolbesdbmiMed F Amended development plan meeting the requirements of Section 36.2-326 of the Cty's Zoning Ordinance. F Copy of previously adopted Ordinance. 'Fora comprehensive sign ovarli yamendihent,the krlblmuat also be'3ttbmittedi F Amended comprehensive signage plan meeting the requirements of Section 36.2-336(d)of the City's Zoning Ordinance. F Copy of previously adopted Ordinance. For, roposelithat requres`atrafOcimpact study be,stibmilte l;te,ahetelt the fellowii g must'also be:4ubmNed:, ;;,,r F A Traffic Impact Study in compliance with Appendix B-2(e)of the City's Zoning Ordinance. or:a:`�",_poeai thatiegukes a t its j r' „a' ' ,.°al'I`' _ i' µ d sot`., e owls=:mWleo b submilted; r Cover sheet. ✓ Traffic impact analysis. F Concept plan. F Proffered conditions,if appicable. F Required fee. An electronic copy of this application and checkhst can be found at www•roanokeva govlpbd 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. Zoning Amendment Narrative December 27,2013 Re:4662 Old Mountain Road, "Zero"Old Mountain Road Roanoke City Planning Commission Dear interested parties: The above referenced properties face Old Mountain Road and are under single ownership. They are currently zoned R-5. The western lot has had an operating grocery/ convenience store with attached rental residences on premises since sometime before 1960. The adjacent lot has never been built upon. The owners seek to combine and improve the properties while retaining existing uses. An initial meeting with Planning and Building Development investigated rehabilitation and enlargement of the existing structure on 4662 with a focus on retaining its grandfathered mixed use. It was during this meeting that an option involving the combination and re-zoning of the properties to CN, later revised to MXPUD,was suggested by the Planners. The proposed use and development of the site involves building a 3,650 sf footprint structure on what is now the east lot,with six residential rental units facing Horseman Road. These units would contain 6,100 square feet of living space: four two bedroom units of 1000 sf in two stories flanked at either end by two one bedroom,one story units in 550 sf. Below the existing grade of Horseman Drive,and beneath these residential units are 3,650 sf of proposed commercial space. This space would front the middle of the property,opening onto a parking area for 27 cars,and two screened trash receptacles. Upon completion of the first building,the existing market would be demolished to make way for the full plan to be implemented. The second building proposed is two stories with a 4,230 sf footprint. The mix here calls for 800 sf of commercial space fronting Old Mountain Road at ground level with two 550sf,one bed room rental units above accessed from stairs behind the space. Those stairs also serve a one bedroom,610 sf unit and a 1,050 sf two bedroom space above a like configuration below. The remainder of the second building is three two story 1,000 sf,two bedroom units fronting Trevino Circle. Total residential space is about 7,420 sf. All of these referenced square footages are close approximates. The proposed mix of commercial and residential uses for this site is in keeping with the City's Vision 2001/2020 Plan. That outline for future development speaks of the need for diversity in neighborhoods throughout the city, both in terms of housing types and in land uses. With no other similarly zoned parcels in the area,this site offers the opportunity to serve several neighborhoods in its immediate area as a small "village center",and has been operating as an outlying commercial site for decades,long before being annexed by the city. t r f ,K. _ !^� _' a _ \.�... z— �T ,, -"au A D:et 1 t IT Y&aaa _`_'CIS Yi, 3aar1- s +r.r lit "1Yp� Autos; } twirl r. L'z r“, • .... r :. .I._ "-- i t_: '_ ��_� n 1 ~ • wel i t1 I 4 1 c. rte[ a , • O, *�7 a r_,Ter_r___.;_„#___ _q!R A% 4. pc.s.in t N r /�4 .2 A"..,€ - 4 'I tea )_ L C ■ J.L.HOUGH,P.C. ■ architectural design services 0 3912 BOSWORTH DRIVE•ROANOKL.VA_4014 HD 1331091 1'L•II*s# S Adjacent property owner list for 4662 and"0"Old Mountain Road,N.E. TAXID LOCADDR OWNER OWNERADDR1 MAILCITY MAILSTATE 7370101 1105 TREVINO DR NE SCAGG5 GARY W 1105 TREVINO DR NE ROANOKE VA 7370224 1106 TREVINO DR NE THOMPSON RICHARD D PO BOX 7992 ROANOKE VA 7370810 0 OLD MOUNTAIN RD NE KIRK AVENUE PROPERTIES 2 LLC 112 KIRK AVE SW ROANOKE VA 7380101 4701 OLD MOUNTAIN RD NE PETERS JEFFREY M 4701 OW MOUNTAIN RD NE ROANOKE VA 7390935 4588 TREVINO CIR NE BRADBURY CLARENCE M&TINA M 4588 TREVINO NE ROANOKE VA 7390943 4596 TREVINO CIR NE KERSMANE KENNETH P&JOAN C 4596 TREVINO NE ROANOKE VA 7390944 4594 TREVINO CIR NE BRIGGS REBECCA L 4594 TREVINO NE ROANOKE VA 7390945 4592 TREVINO CIR NE MCDONOUGH JOSHUA A 4592 TREVINO CIR NE ROANOKE VA 7410103 4614 HORSEMAN DR NE BOLES DAVID W&APRIL M 4614 HORSEMAN DR NE ROANOKE VA 7410222 4621 HORSEMAN OR NE BOYD WILLIAM NEWMAN-UFE ESTATE 3605 MEADOWLARK RD ROANOKE VA 7410223 4704 OW MOUNTAIN RD NE PERKINS SCOTT E 4704 OLD MOUNTAIN NE ROANOKE VA ■ 7390727 we '1'' "~ 7390932 ' 7410113 7410216 7410 PRPLEWOOD 7390915 ,2 7410112 il 7410217 7410232 _M 7390820 7390916 7390931 W 7410230 :"-.. Roanoke 3908 1 7410111 i W ,Cogpty.�,,ry, 190917 7390930 7410218 1 9080' 7390819 7410110 7410229 fOt 11.61a.11/39080 7390918 7390929 7410219 ''• 7410109 `' 7410228 7390804 7390919 7390928 7410108 7410220 7390817 7390920 7390927 7410107 7410221 7410227 39080 7390816 7390806 7390815 7390921 7390926 7410106 �ti4 A4rp??s 7390807 1 7390922 7390925 7410105 hasp �! 7390814 8 .1O 7390808 9909Za 7410104 Ss 7390813 �4' 1 o 3 7390809 Z �p9 p °�'ia ilvb 7390942 t 1ea's .•. �° v 1114 7390810 p4'�1 x.4'44& �' al no 194 7390943 .4'i`:��:����'�i�i�� 15R- 1390$11 i�i`s�iANMO%%�% %O 0940 7390944 0 itiAi���'��!������Ap��' -� 9 ►.,nti 1 093 7390945 r�,�4�������4���'' v�tP`t c 939 ��•�•�•:��*��� tAO '30 u' lilt 39p9SS yet Or 7370224 10/ 90938 13 1910,0 .4 110223 dJ 1 3 737p102 li 131°222 7370901 7390937 Z 1310103 0 1391 AO Wj 'N a Of 1°,gyp°' w_' 0 74, uT 111, 14 A C H 0 , •.. 1 m N RM �'�, °'�, " �i �p7 °� 7370401 �, p8 N 10113 _ 7370yo8 �`���� 13 737043 �? 7370114 ' 4662 and "0" Old Mountain Road, N.E. CABpER Official Tax Map Nos. 7410101, 7410102 0111 7370115 37050 7370 0273 ` �rw,nrv:•:r��t_ 737,•.. _ 73 , . 41 ,...J 1 1,�°�;, 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: elerki i)roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk February 19, 2014 Christopher Morrill City Manager Roanoke, Virginia Dear Mr. Morrill: I am attaching copy of Resolution No. 39867-021814 endorsing the creation and development of a private, charitable organization to provide a sustainable revenue source for arts and cultural organizations that serve the citizens of Roanoke; committing the support of the City of Roanoke to this model as a way for the City of Roanoke to energize its commitment to arts and cultural organizations within the City; and recognize the importance of arts and cultural organizations to the fabric of the economy of the City of Roanoke. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, February 18, 2014. Siinncereelly, E Stephanie M. Moon, MMC City Clerk Attachment pc: Daniel J. Callaghan, City Attorney Ann H. Shawver, Director of Finance Susan Jennings, Arts and Culture Coordinator Landon C. Howard, Executive Director, Roanoke Valley Convention and Visitors Bureau, 101 Shenandoah Avenue, S. W., Roanoke, Virginia 24016 4 IN TI IE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of February, 2014. No. 39867-021814. A RESOLUTION endorsing the creation and development of a private, charitable organization to provide a sustainable revenue source for arts and cultural organizations that serve the citizens of Roanoke; committing the support of the City of Roanoke to this model as a way for the City of Roanoke to energize its commitment to arts and cultural organizations within the City; and recognizing the importance of arts and cultural organizations to the fabric of the economy of the City of Roanoke. WHEREAS, arts and cultural organizations are a significant contributor to the economy of the City of Roanoke and the Roanoke Valley; WHEREAS, the City has recognized the importance of arts and cultural organizations by making substantial appropriations to such organizations over several years,including more than$16 million over the last decade; WHEREAS, City Council adopted the Arts and Cultural Plan in August, 2011, as a part of the City's Comprehensive Plan; WHEREAS, the Arts and Cultural Plan emphasized the importance of developing creative solutions to build sustainable resources for arts and cultural organizations in Roanoke; WHEREAS, following the adoption of the Arts and Cultural Plan,City Council,the Roanoke Arts Commission, the Roanoke Valley Alleghany Regional Commission, and other organizations and individuals worked collaboratively to review the status of funding of arts and cultural organizations in Roanoke and research alternatives to create an appropriate and effective finding K 9Measures\Private Public Funding Organization for Arts and Culture(clean 02.18.2014).doc q model for the establishment of a sustainable resource for arts and cultural organizations in Roanoke; WHEREAS, a model has been recommended for the creation of a private, charitable organization,qualified as a tax-exempt entity pursuant to Section 501(C)(3)of the Internal Revenue Code,qualified to accept and receive contributions from individuals,organizations,and businesses, and qualified to receive appropriations from the City of Roanoke pursuant to Article IV, §16 of the Constitution of Virginia, and Section 15.2-953 of the Code of Virginia (1950), as amended (the "Private-Public Funding Model") a copy of which model is attached to the City Council Agenda Report dated February 18, 2014; WHEREAS, individuals and businesses in Roanoke are prepared to initiate the actions and create the necessary documents to implement the Private-Public Funding Model if City Council agrees with and endorses the Private-Public Funding Model; WHEREAS,City Council provided notice to the public through legal advertisements in The Roanoke Times published on February 7,2014 and February 14,2014 that City Council would hold a public hearing in Council Chamber on February 18, 2014 at 7:00 p.m., or as soon thereafter as the matter could be heard, to receive comments and input from all interested persons and entities regarding the proposed Private-Public Funding Model; and WHEREAS, after considering all comments and materials provided at the public hearing, City Council has determined that creation of the Private-Public Funding Model is in the best interests of the citizens of Roanoke. NOW, THEREFORE, be it resolved that: 1. City Council endorses the creation of a private charitable organization by individuals and businesses within the City of Roanoke in accordance with the summary set forth in the Private- Public Funding Model. K:\Measures\Private Public Funding Organization for Arts and Culture(clean 02.18.2014).doc 2. City Council acknowledges that creation of a private charitable organization which has a charitable mission of raising revenues to create a sustainable source of funding of arts and cultural organizations in Roanoke is a creative opportunity to maximize support for arts and cultural organizations in Roanoke. 3. City Council is willing to consider the adoption of an ordinance appropriating funds to this private charitable organization after creation of this private charitable organization and confirmation by City Council that this organization is qualified, organized and existing under the laws of the Commonwealth of Virginia and applicable federal laws, including Section 501(C)(3)of the Internal Revenue Code, as an entity that can accept appropriations from the City of Roanoke pursuant to Article IV, §16 of the Constitution of Virginia and Section 15.2-953, of the Code of Virginia(1950), as amended. 4. City Council directs the City Manager,the Director of Finance, and the City Attorney to work with individuals promoting the creation and implementation of the Private-Public Funding Model. 5. City Council reaffirms its recognition of the importance of arts and cultural organizations in Roanoke to the fabric and quality of life in Roanoke. ATTEST: h,, City Clerk. 1(NdeasuresTrivate Public Funding Organization for Arts and Culture(clean 02.18.2014)doe „,, , CITY OF ROANOKE ,-- :vt, ^ &,\ CITY COUNCIL 215 Church Avenue,S.W. ”-:a.r ,y _fl sv-/ Noel C.Taylor Municipal Building,Suite 456 • -` . - 7 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 R Lea Anita J. Price Court G.Rosen February 18, 2014 DavidB.Trinkle The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Re: Public Hearing - Private/Public Model for Arts Funding Dear Mayor Bowers and Members of Council: This Report is my presentation of a recommendation on a new approach to City funding of arts and cultural organizations that benefit the citizens of Roanoke. Goal: To create a stable, reliable source of funding for arts and cultural organizations Background • Several years ago I began discussions about reshaping the way the city funds arts and culture. The City has allotted a total of $9 million dollars to the sector in the last ten years in a less formally organized, consistent, and predictable manner that often presents challenges to the City. • Simultaneously the Arts and Cultural Plan approved by City Council in August 201 1 as part of Comprehensive Plan included this action: "Study and recommend funding strategies to sustain arts and cultural organizations including dedicated funding sources, united arts fund drive, assets district, funder collaboration". Research was conducted by the Roanoke Arts Commission and the Roanoke Valley Alleghany Regional Commission. • Mayor Bowers developed the ACT initiative (C = culture) and retired businessman David Wine and I were appointed to that committee. • Council agreed to set this matter for a public hearing on February 18, 2014 to receive input from the public with regard to any proposal that may be presented. Significant Research has been conducted • Sustainability Study - showed a $2.7 million current operating gap and $20 million in unmet capital needs • Six Focus Groups held in August 2013 with Staff and Board members of the organizations • Economic Impact study of Arts and Culture completed by RVAC and Roanoke Arts Commission. The size and impact of the local industry sector is $23,922,591 in FY 2012. • Summit held on October 30 to present three funding models from different communities after which attendees were overwhelmingly in support of establishing a private/public endowment model. Recommendation: The result of these efforts have produced a private-public model in which private individuals proposed the creation of a private charitable organization that will have a mission to create a reliable and sustainable resource for funding arts and cultural organizations that benefit the citizens of Roanoke. Subject to the information presented at the public input session on February 18, 2014, City Council will be asked to consider the adoption of a resolution in support of the creation of a private charitable organization that will establish an endowment fund to benefit arts and cultural organizations in Roanoke. The proposed resolution does not commit or appropriate any City funds. At a future Council meeting, City Council will be asked to consider the adoption of an ordinance appropriating funds to this private, charitable entity for FY2015 and consideration of a commitment to funding in subsequent fiscal years, subject to appropriation. Sincerely yours, i 1/ - David B."Trinkl-' //i Council Member DRAFT 02/07/2014 PRIVATE-PUBLIC FUNDING MODEL February 18, 2014 David Wine • David B. Trinkle Roanoke Arts Commission Introduction A. Research on Alternatives 1. Public Funding Example: Salt Lake County, Utah 2. Private organization Example: Springfield, Missouri 3. Collaborative Example: Fort Wayne, Indiana B. Issues 1. Public organizations may require enabling legislation 2. Limitations on participation by private sector 3. Limitations on appropriations by City 4. Principal objective is to create sustainable resource for arts and cultural organizations in Roanoke for the benefit of the citizens of Roanoke C. Conclusion 1. Collaborative arrangement based on leadership from the private sector and support from the City II. Private-Public Funding Model A. Private, charitable entity 1. Incorporated under the laws of the Commonwealth of Virginia 2. Qualified as a non-profit tax exempt organization under the laws of the Commonwealth of Virginia 3. Qualified as a charitable entity under applicable Federal laws, including Section 501(C)(3) of the Internal Revenue Code B. Organizational Structure 1. Charitable Mission Entity is established to create a fund as a sustainable resource for arts and cultural organization in Roanoke for the benefit of the citizens of Roanoke L:\ATTORNEY\CASHARE\Arts and Cultural Foundation\Private Public Funding Model 2 14.docx 2/5/14 2. Governance (a) Board of 7 to 11 members, majority of board to be non- governmental individuals. Membership may include a member of City Council and members appointed by community organizations (b) Bylaws (c) Investment Policies (d) Conflicts of Interest Policies (e) Funding i. Budget ii. Private Sector Commitment iii. Public Sector Commitment (subject to appropriation) 3. Distribution of Grants (a) Application Process i. Qualifications to include commitment to citizens of Roanoke (b) Review Process i. Create process utilizing existing processes developed by Roanoke Arts Commission and United Way of Greater Roanoke Valley (c) Distribution of grants and reporting requirements of recipients III. Next Steps A. Endorsement of Model by Roanoke City Council B. Private Sector 1. Retain professionals to create entity and organizational document 2. Obtain certifications as to entity formation, existence, and tax-exempt status 3. Develop budget and fundraising strategy C. Adoption of ordinance to appropriate funds 1. Recommended appropriation for FY 2015 will be $250,000 2. City commitment for four (4) subsequent fiscal years of up to $500,000 each year, subject to appropriation in each such fiscal year L.\ATTORNEY\CASHARE\Arts and Cultural Foundation\Private Public Funding Model 2 14.docx 2/5/14 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times CITY OF ROANOKE CLERK'S OFFICE 215 Church Ave SW Rm 456 Noel C Taylor Municipal Bldg Roanoke VA 24011 Reference: 32143302 13541922 NOTIiE OF PUBLIC hceeeaa. State of Virginia The Council orme&By of Roanoke,Virginia adopted its Arts and Cultural Plan In August 2011 as City of Roanoke apart of the Clry§COmprehenelve Plan.Asa part otthe Ariaand Cultural Plan,IAenhOemotClry Council,City administrative oak the Roanoke Arts Commission,private organizations,and individuals have reviewed a for funding arts and cultural organizations that benefit the citizens of Roanoke The result efforts have produced a private-public model in which I, (the undersigned)an authorized representative Private Individuals proposed the creation of a private charitable organization that wM create a of the Times-World Corporation, which corporation reliable and anoke. lo resource for funding arts and minims,organizations Mat benefit the is publisher of the Roanoke Times, a daily citizens of Roanoke. published in Roanoke, in the State of City Council will hold a public hearing on this proposal at its regular meeting aP be held on Tuesday February 18,2014,commencing at 7:00 pm.,or as soon thereafter as the matter may be heard, Virginia, do certify that the annexed notice was in the Council Chamber,4th Floor,Noel C.Taylor Municipal Building,215 Coach Avenue,S.W., published in said newspapers on the following Roanoke,Virginia,24011.Further information is available fmm the Office of the City perk for the City of Roanoke at Room 455 Noel C.Taylor Municipal Building,215 ChurchAvenue,S.W.,Roaake, dates: Virginia 24011 or(540)853-2541. Citizens and other persons and other entities who have an interest in this matter shall have the opportunity to be heard and express their opinions on said matter. If you are a person with a disability who needs accommodations ay this hearing,please contact City/County of Roanoke, Commonwealth/State of the City Clerk's Office at(540)853-2541,before 12:00 noon on Thursday,February 13,2014. Vir Sworn & subscribed before me this GIVEN under my hand this 4th day of February,,2014. I day of February 2014. Witness my hand (1 41 ) Stank M.Moon City Carle and o ; seal. . :41 r 7 fs .:4, Notary Public x,llirrrlrrrr MIEN j > PUBLISHED ON: 02/07, 02/14 PUBLIC ••� 0964 :1* �c [ PEG. #33S MYCC'c3IS1c�TOTAL COST: 549.96 �0 FILED ON: 2/18/2014 ' LiOF� J ` rt w€ALT_`•_!0 Lea Authorized � Signature: p ' 'e1'I , Billing Services Representative tett) NOTICE OF PUBLIC HEARING The Council of the City of Roanoke, Virginia adopted its Arts and Cultural Plan in August 2011 as a part of the City's Comprehensive Plan. As a part of the Arts and Cultural Plan,Members of City Council, City administrative officials,private organizations, and individuals have reviewed alternatives for funding arts and cultural organizations that benefit the citizens of Roanoke. The result of these efforts have produced a private-public model in which private individuals proposed the creation of a private charitable organization that will create a reliable and sustainable resource for funding arts and cultural organizations that benefit the citizens of Roanoke. City Council will hold a public hearing on this proposal at its regular meeting to be held on Tuesday February 18, 2014, commencing at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, 4`h Floor,Noel C. Taylor Municipal Building,215 Church Avenue, S.W., Roanoke,Virginia, 24011. Further information is available from the Office of the City Clerk for the City of Roanoke at Room 456 Noel C.Taylor Municipal Building,215 Church Avenue, S.W., Roanoke, Virginia 24011 or (540) 853-2541. Citizens and other persons and other entities who have an interest in this matter shall have the opportunity to be heard and express their opinions on said matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Thursday, February 13, 2014. GIVEN under my hand this 4th day of February, 2014. Stephanie M. Moon, City Clerk I'll-Notice Public Rale blodel2 18 11 I N1C.doel'l l-Notice Public-Pm-ate Moat!2 18 YId-doe Notice to Publisher: Publish once in the Roanoke Times on Friday, February 7, 2014 and Friday, February 14, 2014: Send affidavit and invoice to: Stephanie M. Moon, MMC, City Clerk 215 Church Avenue, S.W., Room 456 Roanoke, VA 24011 (540) 853-2541 hi Nona Public Pmem V1odcl 2 18 14-[NI .doc111 hotiee-Ruby..Pri-Me-Msde11-14-4-441ot The presence of the arts in the City of Roanoke set the community apart from others. In any week there are opportunities for citizens to experience the performing arts of theater and music of varied genera. The visual arts of classics, new creations and functional designs abound a henta if-0Lnd in Roanoke. Cultural organizations preserve history and make it available for generations to come. This is not just a passive appreciation but enhances the quality of life, education of children, youth and professionals. The arts and cultural organizations are important to our community in that the arts opportunities leverages economic development by attracting business and industry and tourism. Industries and agencies are inclined to establish in desirable communities there employees are For fhe feat-s easily recruited and the presence f arts has a role. To support the sustainability of the excellence of the arts and cultural organizations of Roanoke, we strongly support a model of private — public funding to form a collaborative endowment and insure financial stability through a generated income. At the same time organizations would be able to continue the cultivation of the giving by individuals and corporations with specific interests. The overall support of arts and cultural programs through a model of endowment facilitates the collaborative efforts of all the arts organizations in a way that benefits the community and would be a beneficial investment that pays back in many ways. Thank you 8-o 5ra 17-/�7` u�o Yf -nea � -t u c<< e 'S e c. cIo/ (674_ ±Az 5 744 fr N (tess&id re lu r� w s '�7 r M n yes 7tk h revn ti c- Fe+ Scie3 l Cs ci-ti inn _ /' _ „n .t f1-1 i I ar .66Uut EP sta_<_ ,( , A 2 Remarks—City Council Meeting (February 18, 2014) Importance of the Arts and Cultural Organizations to Education (1-2 minutes) -Roanoke City Public Schools is fortunate to have strong arts and cultural partners that are dedicated to providing a broad range of experiences for our students. -The experiences provided through our community partners are an integral part of reaching our diverse student population. -The impact is great and reaches all levels from elementary to high school students. -Exposure to various art forms are a vital link in the development and growth of a student's educational experience. -Thanks to outreach efforts many of our students were able to experience live performances by Opera Roanoke and the Roanoke Symphony Orchestra. Students also had the opportunity to see the Spanish-Harlem Orchestra and The Nutcracker. -Local museums are willing to provide staff development, access to exhibits and in-school visits from artists and outreach programs. -Thank you for your continued support. x • ,, CITY OF ROANOKE ate" :: OFFICE OF THE CITY CLERK '1 215 Church Avenue, S. W.,Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: clerk(Droanokeva.guv JONATHAN E.CRAFT,CMC STEPHANIE M.MOON,MMC Deputy City Clerk City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk February 19, 2014 Christopher P. Morrill City Manager Roanoke, Virginia Dear Mr. Morrill: I am attaching copy of Ordinance No. 39868-021814 executing a Contract for Purchase and Sale of Real Property with Northwest Recreation Club, Inc., and the necessary documents to sell to Northwest Recreation Club, Inc., certain real property, including buildings thereon, located on an approximately 3.34 acre (but in no even greater than 3.60 acre) portion of City owned property fronting along Highland Farm Road, Roanoke, Virginia, together with a non-exclusive right to use an existing driveway on an adjacent City owned parcel; and authorizing you to execute such further documents and take such further actions as may be necessary to accomplish the above matters; effective February 18, 2014. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, February 18, 2014; and is in full force and effect upon its passage. Sincerely, tephanie M. Moon, MM City Clerk Attaching pc: Clay L. Dawson, President, Northwest Recreation Club, Inc., 1529 Williamson Road, N. E., Roanoke, Virginia 24012 Valerie Garner, President, Countryside Neighborhood Alliance, 2264 Mattaponi Drive, Roanoke, Virginia 24017 Christopher P. Morrill City Manager February 19, 2014 Page 2 Robed Reed, President, Miller Court Neighborhood Alliance, 4440 Thelma Street, N. W., Roanoke, Virginia 24017 Daniel J. Callaghan, City Attorney Ann H. Shawver, Director of Finance Steve Talevi, Assistant City Attorney R. Brian Townsend, Assistant City Manager for Community Development Philip Schirmer, City Engineer Susan Lower, Director, Real Estate Valuation IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of February, 2014. No. 39868-021814. AN ORDINANCE authorizing the proper City officials to execute a Contract for Purchase and Sale of Real Property with Northwest Recreation Club, Inc., and the necessary documents to sell to Northwest Recreation Club, Inc., certain real property, including buildings thereon, located on an approximately 3.34 acre (but in no even greater than 3.60 acre) portion of City owned property fronting along Highland Farm Road, Roanoke, Virginia, such property being a portion of Official Tax Map No. 6472302, together with a non-exclusive right to use an existing driveway on an adjacent City owned parcel; authorizing the City Manager to execute such further documents and take such further actions as may be necessary to accomplish the above matters; providing for an effective date; and dispensing with the second reading by title of this Ordinance. WHEREAS, the City and Northwest Recreation Club, Inc„ (Buyer) have negotiated a Contract for Purchase and Sale of Real Property (Contract) in accordance with the form of Contract attached to the City Council Agenda Report dated February 18, 2014; WHEREAS, Buyer or its permitted assigns desires to purchase a portion of the real property of the City fronting on Highland Farm Road, Roanoke, Virginia and designated as Official Tax Map No. 6472302 (Premises), with said portion of the Premises to be approximately 3.34 acres of land, but not more than 3.60 acres of land, together with the building thereon (Property) for the sum of Ten Dollars ($10.00) and other good and valuable consideration, so L:\ATTORNEY\CASHARE\COUNTRYSIDE SPORTSPLEX DE VELOPMEN'Ilordinance approving sale 2 18 14docx 2/12/14 that Buyer can renovate the existing building into an indoor facility consisting of approximately 19,000 square feet of space; including two (2) multi-purpose courts (Facility); WHEREAS, pursuant to the terms of the Contract, Buyer will provide the City with use of the Facility, without charge or expense to the City for a period of years; WHEREAS, the Council, after proper advertisement, held a public hearing on the above matter on February 18, 2014, pursuant to Sections 15.2-1800 and 15.2-1813, Code of Virginia (1950), as amended, at which public hearing all parties and interested entities were afforded the opportunity to be heard on the above matters; and WHEREAS, after closing the public hearing, Council believes the sale of the Property will benefit the City and its citizens. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council approves the Contract as set forth in the City Council Agenda Report dated February 18, 2014, which Contract provides for the sale of the Property to Buyer or its permitted assigns in accordance with the terms of the Contract; provides for certain undertakings and obligations by Buyer, as well as certain undertakings and obligations by the City. City Council further finds that the sale of the Property, together with the non-exclusive right to use a driveway on an adjacent parcel of City owned real estate, as set forth in the City Council Agenda Report dated February 18, 2014, will be of economic benefit to the City and its citizens. 2. The City Manager is hereby authorized on behalf of the City to execute, deliver, and perform the Contract to sell the Property to the Buyer or its permitted assigns, grant a non- exclusive right to use an existing driveway on an adjacent City owned parcel of real estate, all upon the terms and conditions of the Contract attached to the City Council Agenda Report dated L.\ATTORNEY\CAST-TARE\COIPNTRYSIDE SPORTSPLEX DEVELOPMENT\ordinance approving sale 2 18 14.docx 2/12/14 February 18, 2014. The Contract is to be substantially similar to the one attached to the City Council Agenda Report dated February 18, 2014, and in a form approved by the City Attorney. The purchase price to be paid to the City is Ten Dollars ($10.00), together with performance of other obligations of Buyer under the terms of the Contract, including use of the Facility for a period as more particularly described in the Contract and the City Council Agenda Report dated February 18, 2014. 3. The City Manager is further authorized to negotiate, execute, deliver, and implement, such further documents and agreements and take such further actions as may be necessary to implement, administer and enforce the Contract, and to negotiate, execute, deliver, and implement any other agreements or documents related to this matter which may include, but which are not limited to, a special warranty deed, an affidavit as to parties in possession and mechanics liens, and such other documents as the City Manager deems appropriate. The form of all such other documents are to be approved as to form by the City Attorney. 4. Pursuant to the provision of Section 12 of the City Charter, the second reading by title of this Ordinance is hereby dispensed with. 5. This Ordinance is effective as of the date of its passage. ATTEST: hliOv%.1 City Clerk. L\ATTORNEY\CASHARE\COUNTRYSIDE SPORTSPLEX DEVELOPMENT\ordinance approving sale 2 18 14.docx 2/12/14 STATEMENT OF CONFLICT OF INTEREST I, Anita J. Price, state that I have a personal interest in agenda item B (4) for the 7:00pm Regular Session of Council on February 18, 2014, regarding the proposed sale of City owned property, containing not more than 3.60 acres, to Northwest Recreation Club, Inc. because my husband, Charles Price, is involved with Northwest Recreation Club, Inc. Therefore, pursuant to Virginia Code Section 2.2-3112, I must refrain from participation in this matter. I ask the City Clerk to accept this statement and ask that it be made a part of the minutes of this meeting. Witness the following signature made this 18th day of February, 2014. 1 lAt _ VA .!,// (SEAL) Anita J. Price J CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: February 18, 2014 Subject: Sale of City-owned Property of Not More than 3.60 Acres and Building for an Indoor Athletic Facility in the Countryside Master Plan Area Background: The City of Roanoke, as part of the implementation of the Countryside Master Plan, as amended, adopted by City Council on September 17, 2012, is proposing to sell a portion of City-owned real property identified as Official Tax Map No. 6472302, consisting of not more than 3.60 acres together with the improvements located thereon (Property), to Northwest Recreation Club, Inc., a Virginia non-stock company, or its permitted assigns (Buyer). Buyer will also have a non-exclusive right to use an existing driveway on adjacent City-owned property. Buyer proposes to pay Ten Dollars ($10.00) for the Property, construct indoor athletic facilities, including two (2) multi-purpose courts, within a specified time schedule, and provide the City with use of these athletic facilities as set forth in the proposed sales contract, a copy of which is attached to this report for the City Council's review and consideration (Contract). Considerations: The proposed Contract contains a number of performance-based obligations which the Buyer will be bound to perform both prior to, and subsequent to, the closing of the real estate transaction, as summarized below: • One year from the date of the execution of the Contract to undertake fund raising activities, and obtain financial commitments or have cash in-hand of at least $750,000. This is a condition precedent to closing the real estate transaction. • One Hundred and Twenty (120) Days from the closing of the real estate transaction to commence construction activity on the Property. • Four Hundred and Fifty (450) Days from the closing of the real estate transaction to substantially complete the Buyer's construction and/or renovation on the Property, and undertake the work in substantial conformity with the Buyer's Proposal to the City. • Upon substantial completion of the project, to provide to the City's Parks and Recreation Department exclusive access and use of two indoor multi- purpose courts, at no cost to the City, during the months of November through February, inclusive, on Saturdays from 9:00am - 2:00pm. • Based upon mutually agreeable terms as contained in the contract, the City shall continue such exclusive use of the two multi-purpose courts as outlined above until the value of such use by the City reaches the sum of $52,000. Based on the terms of use contained in the Contract, it is estimated that it would take approximately six and one-half (6.5) utilization seasons to exhaust the $52,000 value. (The $52,000 amount equates approximately to the current assessed value of the land proposed to be conveyed.) • As security for the Buyer's compliance with the terms and conditions of the Contract, Buyer will provide a form of security to the City upon execution of the Contract in the amount of $52,000. Such security would be forfeited to the City, in whole or in part, if the Buyer does not completely and satisfactorily perform the obligations of the Contract. It is anticipated that this performance-based conveyance of public property will not only further the general intent of the Countryside Master Plan, but also provide the City's Park and Recreation Department needed access to indoor facilities for its recreational programs, and help further define a critical mass of recreational opportunities for both individuals and team sports in this part of Roanoke. Recommended Action: Absent comments at the public hearing needing further consideration, authorize the City Manager to execute a Contract for the sale of the Property, substantially similar in form to the Contract attached to this report. Such Contract is to be approved as to form by the City Attorney. Authorize the City Manager to execute such further documents and take such further actions as may be necessary to accomplish the above matter, including the execution of a Deed of Conveyance, and to complete the sale of the Property to Northwest Recreation Club, Inc., with the form of such documents to be approved by the City Attorney, and to implement, administer, and enforce the above- mentioned Contract and any subsequent documents. -thristopher P. Morrill City Manager Attachment Distribution: Council Appointed Officers Brian Townsend, Assistant City Manager for Community Development Christopher Chittum, Director, Planning Building and Development Steven Buschor, Director, Parks and Recreation 2 DRAFT 2/7/2014 CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY This Contract For Purchase and Sale of Real Property (Contract) is dated , 2014, by and between the City of Roanoke, Virginia, a Virginia municipal corporation (Seller or City), and Northwest Recreation Club, Inc., a Virginia non-stock corporation or its permitted assigns (Buyer) RECITALS: WHEREAS, Seller is desirous of selling certain real property, including the building located thereon("Building"), located on an approximately 3.34 acre (but in no event greater than 3.60 acres) portion of property fronting along Highland Farm Road, such being a portion of Tax Map Number 6472302 (Property) to Buyer and Buyer is desirous of acquiring such Property upon the terms and conditions set forth below; WHEREAS, Buyer represents to Seller that Buyer shall renovate the Building to provide for approximately 19,000 square feet of indoor recreation space that will contain up to two (2)multi-purpose courts(volleyball/basketball/tennis), renovated support spaces such as restrooms, administrative, and concession areas (Contemplated Use of the Property), and to complete such renovations for the Contemplated Use of the Property in accordance with the terms of this Contract; WHEREAS, Seller will sell the Property to Buyer provided Buyer fully complies with certain terms and conditions as set forth in this Contract and if Buyer fails to comply with such terms and conditions, Buyer shall be liable to Seller for the amount set forth hereinafter or for such other remedies available to Seller as set forth in this Contract or by law; and WHEREAS, Buyer represents that Buyer desires to provide to Seller certain rights of usage of the completed Project by the Seller's Department of Parks and Recreation as set forth in the Contract, and subject to the satisfaction of Seller, Seller is willing to provide the Property for a nominal monetary consideration; THEREFORE, for and in consideration of the mutual covenants and conditions herein set forth, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties hereto, Seller and Buyer hereby agree the above Recitals are hereby incorporated into this Contract and that they further agree as follows: SECTION 1. DEFINITIONS. Unless the context otherwise specifies or requires, for the purpose of this Contract, the following terms shall have the meanings set forth in this Section: 1 DRAFT 2/7/2014 Buyer's Proposal or Proposal: Buyer's Proposal refers to Buyer's planned phased renovation of Building prepared by Buyer and contained in Countryside Snortsolex Development, dated October 12, 2012, a copy of which renovation plan is attached hereto and made a part hereof as Exhibit I, to provide approximately 19,000 square feet of indoor recreation space that will contain up to two (2) multi-purpose courts (volleyball/basketball/tennis), renovated support spaces such as restrooms, administrative, and concession areas in accordance with the terms of this Contract. Closing: The consummation of this Contract by Seller's delivery of a Special Warranty Deed to the Property to Buyer. Closing Date: The date provided for in Section 11 hereof for the Closing. Contemplated Use: The development of the Property by Buyer for the purpose of renovating the Building to provide approximately 19,000 square feet of indoor recreation space that will contain up to two (2) multi-purpose courts (volleyball/indoor soccer/basketball/tennis), renovated support spaces such as restrooms, administrative, and concession areas for use by the Buyer, the general public, and the City of Roanoke Parks and Recreation Department, as outlined in Buyer's Proposal and in accordance with the terms of this Contract. Days:Unless otherwise stated,this term means consecutive calendar days. Deed: The Deed shall be a special warranty deed, subject to all restrictions of record, this Contract, and as set forth in the Title Commitment. The Deed shall also be subject to all obligations of Buyer under the terms of this Contract. Facility: The completed renovation of the Building as set forth in Buyer's Proposal and described as the Contemplated Use. Improvements: Any and all improvements, and all appurtenances thereto, located on the Property at the time of Closing. Plans or Plan: These terms mean the design plans and/or drawings and/or other documents as approved by the City of Roanoke Department of Planning, Building and Development. Project: This term means and includes the structural stabilization, interior demolition, construction and renovation work to be done by Buyer over the course of four hundred fifty (450) Days after Closing as well as any related and/or connected work that may be required and/or done on any part of the Property to result in Buyer's Contemplated Use of the Property, all in accordance with the terms and provisions of this Contract. Property: The real property, including the Building and Improvements, fronting along Highland Farm Road and comprising approximately 3.34 acres, more or less, of Roanoke City Tax Map No. 6472302, and being designated as "Parcel B" on the attached exhibit dated October 10, 2012, prepared by Altizer, Hodges, & Varney, Inc., a copy of which is 2 DRAFT 2/7/2014 made a part hereof and marked as Exhibit 2. The area of Parcel B may be adjusted based upon an accurate ground survey of the real property. Under no circumstances shall the area of Parcel B be greater than 3.60 acres. Buyer shall be responsible, at its sole cost and expense to prepare and record a subdivision plat to establish the portion of Tax Map No. 6472302 subject to this Contract as a separate parcel. Substantial Completion, Substantially Complete or Completed, or Substantial Conformance: Development of the Property by Buyer in accordance with the Contemplated Use of the Property and Buyer's Proposal and where a permanent certificate of occupancy has been issued to Buyer from the City of Roanoke Department of Planning Building and Development. Title Commitment: A commitment for title insurance in favor of Buyer for the Property to be issued by a Title Company. Title Company: Any nationally recognized title insurance company acceptable to Buyer. SECTION 2. PURCHASE AND SALE OF PROPERTY. A. Seller agrees to sell the Property to Buyer, and Buyer agrees to purchase the Property from Seller, upon all the terms, covenants, and conditions set forth in this Contract. B. The purchase price for the Property("Purchase Price")shall be Ten Dollars($10.00) payable in cash or certified check from Buyer to Seller at Closing, together with performance of all other obligations of Buyer as set forth in this Contract. SECTION 3. CONDITIONS PRIOR TO CLOSING. A. 1. As a condition precedent to Buyer's obligation to purchase the Property or otherwise to perform any obligations provided for in this Contract, Seller, as of the Closing, shall have complied with Seller's representations and warranties in Section 10 of this Contract, and the fulfillment to Buyer's reasonable satisfaction of Seller's delivery to Buyer on the Closing Date of title to the Property and other documents as prescribed in Section 11. 2. As a condition precedent to Seller's obligation to sell the Property or otherwise perform any obligations provided for in this Contract, Buyer, as of the Closing, shall have complied with Buyer's obligations, representations, and warranties in this Contract. B. Buyer shall within three hundred sixty-five (365) Days following the execution of this Contract have completed the necessary fund raising and/or the obtaining of necessary financial / loan commitments to undertake the initial renovation of the 3 DRAFT 2/7/2014 Building in accordance with the Contemplated Use of the Property in amount as contained in Section 3(C) below. In the event that Buyer does not provide written evidence of such completion to the Seller within the timeframe specified, this Contract shall automatically be terminated without any further action. In the event of any termination as set forth above, this Contract shall be deemed terminated and of no further force and effect, except that Buyer shall remain liable for its obligation to Indemnify the Seller for all matters which arose prior to termination of this Contract. C. Thirty (30) Days prior to the proposed Closing Date, Buyer will provide to Seller, to the Seller's sole satisfaction, written confirmation and documentation of Buyer's obtaining financial commitments from a recognized financial institution authorized to conduct business in the Commonwealth of Virginia in the form of a loan commitment, with only customary commercial conditions and/or written evidence of cash in-hand, subject to no restrictions or limitation on the use of such funds for the Project, sufficient to undertake the initial renovation of the Building in accordance with the Contemplated Use of the Property, such loan commitments and cash in- hand,in the aggregate,shall not be less than$750,000. D. Buyer and/or Seller may, at any time on or before the Closing Date, at its election, waive in writing any of the other party's conditions precedent referenced in this Section 3, and Buyer's and Seller's consummation of the transaction on the Closing Date shall waive all such conditions precedent. E. In the event that the Closing has not occurred through no fault of Seller on or before the Closing Date, Seller, by written notice given to Buyer, shall provide Buyer with a ten (10) Day cure period from the Closing Date in which to deliver the Purchase Price and proceed with Closing. If Closing has not occurred within such additional time period through no fault of Seller, this Contract shall automatically be terminated without any further action. In the event of any termination as set forth above, this Contract shall be deemed terminated and of no further force and effect. P. Upon the request of Seller, Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, shall within a reasonable period of time after receipt of any preliminary or final survey,test results or conclusory reports and opinion statements, deliver copies of same to Seller. If Seller so requests, Buyer shall also turn over copies of raw data obtained and any laboratory and observation reports or analyses. Such copies of all the above shall be provided to Seller without charge. G. Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, shall at all times comply with all applicable federal, state, and local laws, rules, and regulations. Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, prior to exercising any rights under Section 18, shall obtain, at their cost, any and all required permits and/or licenses for any such work. 4 DRAFT 2/7/2014 SECTION 4. BUYER'S AND SELLER'S OBLIGATIONS. A. Obligations at Closing. 1. Seller's Obligations. At the Closing, Seller agrees to sell to Buyer the Property and deliver the Deed to the Buyer in accordance with the terms of this Contract. 2. Buyer's Obligations. Buyer agrees and promises that it will do and/or has done the following at or prior to Closing: (i) Buyer will purchase the Property from Seller for the Purchase Price of Ten and no/100 Dollars ($10.00) and will make payment in accordance with the terms of this Contract. (ii) Buyer will undertake and complete a Boundary Survey and Subdivision Plat of the Property, at its sole cost and expense, such Survey and Subdivision Plat shall be subject to prior approval of Seller before Buyer submits the Subdivision Plat to the City's Planning, Building and Development Department. The Seller's approval hereunder shall not be unreasonably withheld and such approval shall not be deemed to be approval for any regulatory purpose. (iii) Buyer accepts the Property in an "AS IS" condition acknowledges and agrees that Seller makes no representations or warranties with respect to the Property other than what is contained within this Contract. Buyer agrees that Buyer is taking the Property, including the Building and Improvements, without any warranties or representations from Seller and that Buyer has had sufficient opportunities to fully examine the Property, including the Building, and that Buyer shall comply with all environmental and other laws in renovating the Building, including the proper removal of any asbestos and lead paint on the Property. (iv) Buyer agrees to provide Seller with the Performance Security as required by Section 12 at Closing. (vi) Buyer shall promptly pay for all advertising costs and any related fees or costs connected with this Contract and/or the sale of the Property, including, but not limited to costs for any advertisement of required public hearing(s). Such payment shall be made directly to the entity 5 DRAFT 2/7/2014 providing the advertising or other service, or to the City, as the City may direct. (vii) Buyer agrees that the conditions and obligations of Buyer under this Contract are conditions and obligations that shall be incorporated either directly or by reference in any deed to the Property from Seller to Buyer, shall survive Closing, and shall be binding on Buyer's successors and assigns. These conditions and obligations of the Buyer which survive the Closing shall run with the land. Upon the written request of Buyer after satisfaction of one or more conditions or obligations by Buyer which survived the Closing, the City shall verify satisfaction of such conditions or obligations by Buyer and, upon verification, the City shall execute and deliver to Buyer a document in which the City acknowledges the satisfaction of such conditions or obligations of the Buyer which survived the Closing. These shall include any document(s) necessary to evidence release of Seller's rights to repurchase and/or take possession of the property pursuant to Section 16(A). Such document shall be in a form suitable for recording in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia. The form of the document shall be approved by the City Attomey and shall acknowledge satisfaction of only those conditions or obligations of Buyer specifically set forth in such document and shall further provide that all other conditions and obligations of Buyer (except for those previously satisfied and acknowledged by the City in writing) remain in full force and effect. If requested by Buyer, the City shall provide a separate document following the satisfaction of each condition or obligation of the Buyer hereunder. The Buyer shall be responsible for the costs of recording each such document. B. Post-Closing Performance Obligations of Buyer. Buyer acknowledges and agrees that a part of the consideration for the Seller is the Buyer's commitment to renovate the Property in accordance with Buyer's Proposal and the performance of this commitment. Buyer agrees to perform each of the following obligations in accordance with the terms and conditions set forth in this Contract. I. Buyer will develop the Property in accordance with Buyer's Proposal. Completion of this development shall be pursued diligently and timely by Buyer and Buyer shall be solely responsible for satisfying its obligations hereunder. TIME SHALL BE OF THE ESSENCE WITH RESPECT TO EACH AND EVERY OBLIGATION OF BUYER HEREUNDER. 2. If Buyer fails to commence Construction Activity within one hundred twenty (120) Days after Closing, Buyer shall be in default of this Contract and Seller 6 DRAFT 2/7/2014 may, at is sole option, acquire the Property in accordance with Section 16 hereof. For the purposes of this subsection "Construction Activity" shall mean: Buyer has obtained necessary permits and approval from the City of Roanoke Department of Planning Building and Development to renovate the building and has initiated interior demolition to the existing Building and conducted all required initial environmental inspections, abatement and remediations. 3. All renovation, restoration, demolition, and construction work necessary to complete the Buyer's Contemplated Use of the Property shall be Substantially Completed within four hundred fifty (450) Days after the Closing Date. Buyer and Seller acknowledge and agree that certain site work such as excavation of the existing parking lot and construction of a retention pond for stormwater management may be performed by others in connection with the development of certain outdoor athletic facilities on adjacent parcels. In the event that such other work is not completed within four hundred fifty (450) Days after the Closing Date, such event shall be treated as a force majeure event pursuant to Section 31 of this Contract. 4. Buyer agrees to and shall provide written progress reports (which may be by email) to the Seller's Director of Parks and Recreation four times a year, on the I" day of the months of January, April, July, and October subsequent to Closing and until Substantial Completion. Such progress reports shall provide the Seller with sufficient information regarding Buyer's status as to performance of Post-Closing activities to meet the terms of this Contract and to alert Seller to any issues, problems, or delays that Buyer has encountered or anticipates Buyer may encounter. 5. Upon Substantial Completion of the Contemplated Use of the Property, the Seller shall be permitted the exclusive use, at no cost or expense to the Seller, of two (2) multi-purpose courts at the Facility for any sport or activity including, but not limited to, basketball, indoor soccer, and volleyball, and Seller shall also have use of any bathroom and / or rest- rooms located within the Facility for the following day and times during the months of November through February, inclusive,as follows: Saturday 9:00 am—2:00 pm At no time shall the Seller be responsible for any operational or maintenance costs of the Facility related to such use or access by the Seller, including without limitation all heat, lighting, electric, and water services provided to the Facility. Buyer shall be solely responsible for all operational and maintenance costs of the Facility. Seller shall be responsible for repair or replacement of any property at the Facility for any damages that result solely from Seller's use of the Facility during the time of use of the Facility by Seller pursuant to this Contract. 7 DRAFT 2/7/2014 The Seller and Buyer agree that the value assigned to each hour of actual court use by the Seller pursuant to this Section 4.B.5 shall be $50.00 (the "Assigned Value").. The Seller and Buyer agree that the value of the Seller's utilization of the Facility is equal to the number hours of actual use multiplied by the 2 courts used; the product of which of amount is then multiplied by the Assigned Value (the "Utilization Value"). As an example, the maximum Utilization Value for usage of the Facility by the Seller for one Saturday is$500.00 (5 hours x 2 courts x Assigned Value($50.00)). Should the Seller obtain additional court use hours at the Facility with approval by the Buyer, such additional court use hours shall be valued using the method to determine the Utilization Value (the "Additional Utilization Value").The sum of Utilization Value and Additional Utilization Value shall be determined for each calendar year in which the Seller uses the Facility (the "Total Utilization Value"). Following the end of each calendar year after Substantial Completion of the project and use of the Facility by the Seller as set forth in this Section 4.B.5, and not later than January 31 following each calendar year, Buyer shall confirm with Seller the total number of court use hours utilized by the Seller in the preceding calendar year, the Total Utilization Value for the preceding calendar year, and the aggregate Total Utilization for all years. The Seller and Buyer shall acknowledge their agreement in the Total Utilization Value for the preceding calendar year and the aggregate Total Utilization Value for all years, in writing, signed by both Seller and Buyer. Once the aggregate Total Utilization Value reaches the sum of$52,000, Seller's exclusive rights and responsibilities for use of the Facility as set forth in this Section 4.B.5 shall expire. 6. Buyer shall file all appropriate and applicable real estate tax and other tax forms or notices with the City and ensure that Buyer has received assessments from the City for such taxes on time and no such taxes shall be in default at any time. Any such failure to pay all applicable taxes on time shall be a material default of this Contract. SECTION 5. COMPLIANCE WITH LAWS. Buyer agrees to and shall comply with all applicable federal, state, and local laws, ordinances, and regulations, including all applicable licensing requirements. Buyer further agrees that Buyer does not, and shall not during the performance of this Contract,knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986. 8 DRAFT 2/7/2014 SECTION 6. ASSIGNMENT. Buyer agrees not to assign or transfer any part of this Contract without the prior written consent of Seller, which will not be unreasonably withheld, and any such assignment shall not relieve Buyer from any of its obligations under this Contract, provided that Buyer may assign the Contract to a Virginia non-profit entity controlled by Buyer without such prior approval. Buyer shall provide Seller with written notice of any such assignment and provide documents that establish that Buyer has a controlling interest in such entity. SECTION 7. INDEMNITY. Buyer agrees to indemnify and hold harmless Seller and its officers, directors, and employees free and harmless for and from any and all claims, causes of action, damages or any liability of any type, including reasonable attorney's fees, on account of any claims by or any injury or damage to any persons or property growing out of or directly or indirectly resulting or arising in any way out of any actions, omissions, or activities of Buyer or its agents, employees, contractors, or representatives arising out of or connected in any way to any of the matters involved in this Contract or any performance thereunder. SECTION 8. FORUM SELECTION AND CHOICE OF LAW. By virtue of entering into this Contract, Buyer agrees and submits itself to a court of competent jurisdiction, which shall be the Circuit Court or General District Court for City of Roanoke, Virginia, and further agrees this Contract is controlled by the laws of the Commonwealth of Virginia, with the exception of Virginia's conflict of law provisions which shall not apply, and that all claims, disputes and other matters shall be decided only by such court according to the laws of the Commonwealth of Virginia as aforesaid. Buyer further waives and agrees not to assert in any such action, suit or proceeding, that it is not personally subject to the jurisdiction of such courts, that the action, suit or proceeding, is brought in an inconvenient forum or that the venue of the action, suit or proceeding, is improper. SECTION 9. EASEMENTS. Buyer promises and agrees to grant and dedicate to Seller and/or the Western Virginia Water Authority, at any time before Substantial Completion, all reasonably necessary easements on Buyer's Property for the construction of infrastructure improvements needed for or benefiting the Property, including, but not limited to,storm drainage, sanitary sewers, and/or water,all at no cost to the Seller and/or the Western Virginia Water Authority. SECTION 10. COVENANTS AND WARRANTIES. A. In addition to any representations and warranties contained elsewhere in this Contract, Seller warrants and represents that Seller will, in accordance with this Contract,convey title to the Property in an AS IS condition and subject to any items of record. 9 DRAFT 2/7/2014 B. Seller further represents and warrants with respect to the Property that: 1. Title. Seller has title to the Property subject to any restrictions of record. Seller is the sole owner of the Property. 2. Condemnation. Seller has no knowledge of any pending or threatened proceedings for condemnation or the exercise of the right of eminent domain as to any part of the Property or the limiting or denying of any right of access thereto. 3. Special Taxes. Seller has no knowledge of, nor has it received any notice of, any other special taxes or assessments relating to the Property or any part thereof. 4. Hazardous Materials. Seller makes no warranties or representatives of any type regarding hazardous materials of any type. 5. No Leases. There are no leases of the Property. 6. Access. Ingress to and egress from the Property is available and provided by public streets dedicated to the City of Roanoke. Seller shall also permit Buyer a nonexclusive right to use an existing driveway on property of Seller for ingress to and egress from the Property. This existing driveway is depicted and described in Exhibit 2 as a Private Street (the "Existing Driveway"). SECTION 11. TITLE AND CLOSING. A. Title to the Property, in accordance with the Survey, shall be conveyed by Seller to Buyer by Special Warranty Deed(the "Deed")subject to the following: 1. Ad valorem real property taxes for the current year, not yet due and payable; 2. Those matters of title to which Buyer has not objected to in writing; 3. Those matters reflected on the Survey to which Buyer has not objected to in writing; 4. Easements and other restrictions of record as of the date of execution of this Contract by Seller that do not materially interfere with or prevent Buyer from using the Property for the Contemplated Use; 5. Liens and objections shown on the Title Commitment; 10 DRAFT 2/7/2014 6. Other standard exceptions contained in a Title Policy as defined in Section 11(B) below. 7. Those items and matters set forth in this Contract and that the obligations and undertakings of Buyer in this Contract shall survive Closing and be incorporated into the Deed. All of the foregoing exceptions are herein referred to collectively as the "Conditions of Title." B. Delivery of title in accordance with the foregoing shall be evidenced by the willingness on the Closing Date of the Title Company to issue, upon payment of its normal premium, to Buyer its A.L.T.A. (Form B) Owner's Policy of Title Insurance (the "Title Policy") insuring Buyer in the amount of the Purchase Price in respect to the Property and that title to the Property is vested in Buyer subject only to the Conditions of Title. C. Buyer and Seller shall consummate and complete the closing of this transaction on or before , 2015, with the specific Closing date being designated by Buyer in writing to Seller at least ten (10) business days in advance thereof(the "Closing Date"). D. The purchase and sale of the Property shall be closed (the "Closing") at 10:00 A.M. on the Closing Date in the Office of the City Attorney, or at such other location, date,and time as shall be approved by Buyer and Seller. 1. On the Closing Date, Seller shall deliver or cause to be delivered to Buyer the following documents: a) Its duly executed and acknowledged Deed conveying to Buyer the Property in accordance with the provisions of this Contract, including a nonexclusive right to use the Existing Driveway for ingress to and egress from the Property subject to the terms of this Contract; b) A mechanic's lien affidavit executed by a representative of Seller, satisfactory to the Title Company, and to the effect that no work has been performed on the Property by Seller in the one hundred twenty- five(125) Days immediately preceding the Closing Date that could result in a mechanic's lien claim, or, if such work has been performed, it has been paid for in full; c) Such evidence and documents including,without limitation, a certified copy of the ordinance adopted by Seller, as may reasonably be required by the Title Company evidencing the authority of the person(s) executing the various documents on behalf of Seller in connection with its sale of the Property; 11 DRAFT 2/7/2014 d) A duly executed counterpart of a Closing Statement;and e) Any other items required to be delivered pursuant to this Contract. E. At Closing, real property taxes (if any) shall be prorated with Buyer being responsible for all periods thereafter. F. Buyer shall pay for(i) the cost of all investigations of the Property including but not limited to examination of title and title insurance premiums for issuance of the Title Policy; (ii) all attorney's fees and expenses incurred by legal counsel to Buyer; and (iii) any Grantee's tax and recording costs required to be paid in connection with the recording of the Deed. G. Seller shall pay the Grantor's tax, if any,and the expenses of legal counsel for Seller, if any. H. Exclusive possession of the Property shall be delivered to Buyer on the Closing Date,subject to the provisions of this Contract. Buyer acknowledges and agrees that Seller shall have no obligation to maintain, repair, or improve the Existing Driveway. Buyer may, but shall not be obligated to maintain, repair, or improve the Existing Driveway at its sole cost and expense. Buyer shall maintain the insurance coverages required pursuant to Section 18 of this Contract following the Closing with respect to the nonexclusive use of the Existing Driveway by Buyer, its employees, contractors,and business invitees. Buyer shall be responsible for, and shall indemnify Seller from, all damages resulting from the use of the Existing Driveway by Buyer, its employees, contractors, and business invitees. Buyer acknowledges and agrees that Seller may dedicate all or any portion of the Existing Driveway as a public street. Upon such dedication, the nonexclusive right of Buyer shall automatically expire. Buyer shall have no right to any compensation as a result of the expiration of this nonexclusive right. Upon such dedication, Buyer's obligation to maintain insurance shall also expire. The terms of this Section 11 I shall be specifically set forth in the Deed. SECTION 12. PERFORMANCE SECURITY FOR BENEFIT OF SELLER. A. 1. As security for Buyer's compliance with the terms and conditions of this Contract, including without limitation, completion of the Project in accordance with the Plans and Seller's usage of the two multi-purpose courts at Facility as set forth in Section 4(B)(5) of this Contract, , Buyer shall deliver to Seller on or before the Closing, one of the following: (i) cash escrow; (ii) a performance bond with corporate surety, issued by an insurance company qualified to, licensed, and conducting business in Virginia, subject to prior approval by Seller in Seller's sole discretion, or(iii) a letter of credit drawn against a bank or other financial institution,qualified to, licensed, and conducting business in Roanoke, Virginia, subject to prior approval by 12 DRAFT 2/7/2014 Seller, in Seller's sole discretion(the "Performance Security"). The form of the Performance Security shall be substantially in the form of Exhibit 3 (cash escrow)or Exhibit 4 (letter of credit) attached hereto and made a part hereof. The Performance Security shall be payable to Seller and in the amount of Fifty-Two Thousand Dollars ($52,000) subject to reduction as hereinafter provided. The Performance Security provided shall be valid until the aggregate Total Utilization Value reaches the sum of$52,000 and Seller's rights and responsibilities for use of the Facility expire as set forth in Section 4.B.5. Following the end of each calendar year beginning in the year in which the Project is Substantially Complete and use of the Facility by Seller has commenced and not later than January 31 of the following calendar year, the amount of the Performance Security shall be reduced by the Total Utilization Value for the preceding calendar year. If the Performance Security is not renewed annually or is threatened to be canceled and Buyer does not provide a replacement Performance Security approved by Seller at least sixty(60) Days before any portion of the existing Performance Security is to be cancelled, such event shall be a breach of this Contract and Seller shall be entitled to exercise Seller's rights to immediately call the Performance Security. 2. Buyer shall provide to Seller a copy of Buyer's proposed Performance Security in a form to be approved by Seller, in Seller's sole discretion, and in sufficient time to allow Seller to approve or disapprove such document at least ten (10) business days before the Closing. Notwithstanding other provisions in this Contract, if Seller has not approved the form and content of the Performance Security proposed by Buyer at least ten (10) business days prior to the Closing, the Closing may be delayed at the sole option of Seller or Seller may(i)terminate the Contract;and/or(ii)pursue any and all other remedies as provided for by this Contract or by law, including damages against Buyer. 3. If Buyer either (i) fails to comply with any of the terms of this Contract or any of Buyer's obligations under this Contract that require Buyer's performance within a specific time period, including, without limitation, providing Seller with usage of the two multi-purpose courts at the Facility as provided in Section 4(B)(5) of this Contract; or (ii) fails to comply with any other terms of this Contract or any other obligations of Buyer under this Contract after written notice of such other default is provided by Seller and Buyer fails to cure such default within thirty (30) Days following Buyer's receipt of such notice, then, in either event, Seller may call on the Performance Security required by this Section for payment of the entire amount of the Performance Security, and the issuer(s) of such security shall be obligated to pay such amount to Seller without delay. The parties recognize that Seller will suffer damages if Buyer fails to comply with the terms of this Contract. The parties also recognize the delays, expense, and difficulties involved in proving the actual loss or damages Seller will suffer if 13 DRAFT 2/7/2014 Buyer fails to comply with this Contract. Therefore, Buyer hereby agrees to provide the Performance Security to Seller as liquidated damages for loss and damages to Seller for Buyer's failure to comply with any of the terms of this Contract, but not as a penalty. The basis of the amount of the Performance Security is the approximate value of the Property if it had been sold without conditions or obligations, as agreed to by the Buyer and Seller. Buyer further waives any defense as to the validity of any liquidated damages stated in this Section on the grounds such liquidated damages could be void as penalties or are not reasonably related to actual damages. Such liquidated damages are in addition to any other damages Seller may be entitled to recover. 4. In the event that fire or other casualty causes damage or destruction to the Building or other improvements prior to Substantial Completion, Buyer may at its option either(a)complete the Project or(b) pay to Seller the sum of the Performance Security without any further obligation to complete or construct the Project. In the event that Buyer elects to complete the Project, the time period set forth in Section 4(B)(3) shall be extended in accordance with Section 31(Force Majeure). SECTION 13. CONDEMNATION. Seller has no actual knowledge of any pending or threatened condemnation of the Property. However, if,after the dale hereof and prior to the Closing Date,all or any part of Property is subjected to a bona fide threat of condemnation or condemned or taken by a body having the power of eminent domain or a transfer in lieu of condemnation, Buyer shall be promptly notified thereof in writing and within twenty (20) days after receipt of written notice to Buyer, Buyer may by written notice to Seller elect to cancel this Contract prior to the Closing Date, in which event all parties shall be relieved and released of and from any further duties, obligations, rights, or liabilities hereunder, and thereupon this Contract shall be deemed terminated and of no further force and effect. If no such election is made by Buyer to cancel this Contract, this Contract shall remain in full force and effect and the purchase contemplated herein, less any interest taken by condemnation or eminent domain, shall be effected with no further adjustments,and upon the Closing Date,Seller shall assign, transfer, and set over to Buyer all of the right, title, and interest of Seller in and to any awards that have been or that may thereafter be made for any such taking or takings. SECTION 14. RISK OF LOSS. Risk of Loss by fire or other casualty shall be upon Seller until Closing is completed,except if such loss is the result of acts or omissions of Buyer or Buyer's employees, agents, contractors, or representatives, in which case such loss shall be Buyer's responsibility. Provided, however, if the Property is substantially damaged or destroyed before Closing by such casualty,then either party may cancel this Contract by giving the other party thirty(30) days written notice of such cancellation and neither party will have any further obligations to the other and Seller shall not be liable to Buyer for any failure to deliver the Property to 14 DRAFT 2/7/2014 Buyer. In the event of a loss due to fire or other casualty prior to completion of the Closing, all insurance proceeds for any such loss shall be payable to the Seller under all circumstances. SECTION 15. COMMISSIONS. Seller and Buyer each warrant and represent to the other that their sole contact with the other or with the Property regarding this transaction has been directly between themselves and their employees. Seller and Buyer warrant and represent that no person or entity can properly claim a right to a commission, finder's fee, or other compensation based upon contracts or understandings between such claimant and Buyer or Seller with respect to the transaction contemplated by this Contract. Buyer agrees to indemnify Seller against and to hold it harmless from any claim, loss, cost, or expense, including, without limitation, attorneys' fees, resulting from any claim for a commission, finder's fee, or other compensation by any person or entity based upon such contacts or understandings. SECTION 16. SELLER'S OPTION TO REPURCHASE AND BUYER'S AGREEMENT NOT TO CONVEY THE PROPERTY. A. Notwithstanding any provision contained in this Contract or the Deed, if after one hundred twenty (120) Days from the Closing, Buyer or its successor(s) in interest shall not have commenced Construction Activity, as reasonably determined by the Seller,and as described in Section 4(B)(2),Seller shall have the right to refund to the then record owner(s)of the Property all or any part of the original Purchase Price for the Property paid by Buyer to Seller; whereupon the then record owner(s) of the Property shall forthwith convey the Property to Seller, free and clear of mortgages, deeds of trusts, liens, or other encumbrances. In the event that the record owner(s) of the Property for any reason fails or refuses to convey title back to the Seller as required herein, Seller shall have the right to enter onto and take possession of the Property or the part thereof designated by Seller, along with all rights and causes of action necessary to have title to the Property or the part thereof designated by Seller conveyed to the Seller. Seller shall also have the right to call upon the Performance Security provided by the Buyer as required by Section 12 of this Contract. Buyer and/or its successors in interest shall pay to Seller any and all reasonable attorney's fees,costs, and other expenses incurred as a result of such action. B. Buyer agrees not to convey any portion of the Property to any other entities other than by mortgage or deed of trust until the Project is Substantially Complete. If Buyer conveys or attempts to convey any portion of the Property other than by mortgage or deed of trust, this will be deemed void, of no force or effect, and a breach of this Contract. Buyer may grant a mortgage or deed of trust on the Property provided that the holder of any such mortgage or deed of trust shall acknowledge and agree in writing that the right granted Seller pursuant to Section 16 (A) are superior to the mortgage or deed of trust and the holder of such mortgage or deed of trust shall discharge the mortgage or deed of trust in the event Seller exercises its right repurchase the Property pursuant to Section 16(A). 15 DRAFT 2/7/2014 Buyer shall require that each and every lender of the Buyer that seeks to encumber the Property with a mortgage or deed of trust to acknowledge and agree to the provisions of this Section 16. SECTION 17.REMEDIES. A. In the event Buyer shall have fully performed or tendered performance of its duties and obligations hereunder, but Seller fails to perform any of its duties or responsibilities in accordance with the terms and provisions hereof, Buyer's sole and exclusive remedy shall be an equitable suit to enforce specific performance of such duties or responsibilities. Any and all other remedies otherwise available to Buyer, at law or in equity, are hereby expressly waived by Buyer except as otherwise specifically stated in this Contract. B. If Buyer either (i) fails to comply with any of the terms and conditions, or any of Buyer's obligations under this Contract that require Buyer's performance within a specific time period, including without limitation,providing the Seller with usage of the two multi-purpose courts at the Facility as set forth in Section 4(8)(5) of this Contract ; or (ii) fails to comply with any other terms of this Contract or any other obligations of Buyer under this Contract after written notice of such default is provided by Seller and Buyer fails to cure such default within thirty (30) Days following Buyer's receipt of such notice, then, in either event, Seller may enforce any and/or all remedies available to Seller under this Contract or by law, including, but not limited to termination of this Contract, collection of the Performance Security pursuant to Section 12 of this Contract; termination of this Contract, collection of the Performance Security pursuant to Section 12 of this Contract, and acquisition of the Property pursuant to Section 16 of this Contract, and all such remedies as may be allowed by law or in equity. SECTION 18.RIGHT OF ENTRY AND INSPECTION PERIOD. A. Buyer shall have ninety (90) Days following the execution of this Contract to complete Buyer's due diligence review of the Property (Inspection Period) to determine if there are any issues that would prevent the Buyer's use of the Property. Should Buyer determine during such Inspection Period that it is not satisfied with the Property or any characteristics thereof for any reason whatsoever, in Buyer's sole and absolute discretion, Buyer may terminate this Contract by notifying the Seller in writing as soon as possible, but no later than ten (10) Days after the end of such Inspection Period, of Buyer's decision to terminate the Contract. In such case, this Contract shall thereupon be terminated and of no further force and effect, unless Seller and Buyer mutually agree to modify this Contract to address any such issues. B. In connection with the Buyer's ability to conduct its Due Diligence review mentioned above the Seller hereby grants to Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives, and consultants, a revocable right to enter upon the Property at any time during the Due Diligence 16 DRAFT 2/7/2014 Period, upon two (2) working days prior written notice to the Seller, in order to survey, make test borings, and carry out such other examinations, exploratory work, or settings as may be necessary to complete a Phase I and Phase II Environmental Assessments, or geotechnical assessments, or nondestructive engineering evaluations of the Property, and to store Buyer's property and equipment, upon the following terms and conditions: 1. If the Buyer exceeds its rights granted under this Section or fails to obtain and maintain the insurance required by this Section 18, the Seller may immediately revoke this right of entry. 2. Buyer agrees to be responsible for any and all damages resulting from the activity or activities of Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, on the Property in the exercise of the rights granted under this Section. Buyer shall, at its sole cost, promptly and fully restore any land disturbed by the exercise of the rights under this Section to a condition equal to that existing immediately prior to entry on the Property and to restore any part of the Building that Seller determines was substantially damaged by Buyer's actions if Buyer does not purchase the Property. 3. Buyer agrees and binds itself and its successors and assigns to indemnify, keep and hold the Seller and its officers, agents, employees, volunteers, and representatives free and harmless from any and all liability,claims,causes of action, costs and damages of any type, including attorney's fees, on account of any injury or damage of any type to any person or property growing out of or directly or indirectly resulting from any act or omission of Buyer in connection with this right of entry, including, but not limited to, Buyer's use of the Property in violation of any provision of this Contract, claims relating to the storage of property by Buyer on the Property, or the exercise of any right or privilege granted by or under this Section 18. In the event that any suit or proceeding shall be brought against the Seller or any of its officers, employees, agents, volunteers, or representatives, at law or in equity, either independently or jointly with Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, on account thereof, Buyer, upon notice given to it by the Seller or any of its officers, employees, agents, volunteers or representatives will pay all costs of defending the Seller or any of its officers,employees,agents; volunteers or representatives in any such action or other proceeding. In the event of any settlement or any final judgment being awarded against the Seller or any of its officers, employees, agents, volunteers or representatives, either independently or jointly with Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, then Buyer will pay such settlement or judgment in full or will comply with such order or decree, pay all costs and expenses of whatsoever 17 DRAFT 2/7/2014 nature, including attorney's fees, and hold the Seller or any of its officers, employees,agents, volunteers or representatives harmless therefrom. 4. Buyer shall, at its sole expense, obtain and maintain, or have its contractors or representatives obtain and maintain, the insurance set forth below. Any required insurance shall be effective prior to the beginning of any work or other performance by Buyer under Section 4(B). The following policies and coverages are required: (i) Commercial General Liability. Commercial General Liability insurance, written on an occurrence basis, shall insure against all claims, loss, cost, damage, expense or liability from loss of life or damage or injury to persons or property arising out of Buyer's acts or omissions. The minimum limits of liability for this coverage shall be $2,000,000 combined single limit for any one occurrence. (ii) Contractual Liability. Broad form Contractual Liability insurance shall include the indemnification obligation set forth above. (iii) Workers' Compensation. Workers' Compensation insurance covering Buyer's statutory obligation under the laws of the Commonwealth of Virginia and Employer's Liability insurance shall be maintained for all its employees engaged in work under this Section 18. Minimum limits of liability for Employer's Liability shall be $100,000 bodily injury by accident each occurrence;$500,000 bodily injury by disease (policy limit); and $100,000 bodily injury by disease (each employee). With respect to Workers' Compensation coverage, the insurance company shall waive rights of subrogation against the Seller,its officers, employees,agents,volunteers and representatives. (iv) Automobile Liability. The minimum limit of liability for Automobile Liability Insurance shall be $1,000,000 combined single limit applicable to owned or non-owned vehicles used in the performance of any work under Section 4 and shall be written on an occurrence basis. 5. The insurance coverages and amounts set forth above may be met by an umbrella liability policy following the form of the underlying primary coverage in a minimum amount of$2,000,000. Should an umbrella liability insurance coverage policy be used, such coverage shall be accompanied by a certificate of endorsement stating that it applies to the specific policy numbers indicated for the insurance providing the coverages required by this section,and it is further agreed that such statement shall be made a part of the certificate of insurance furnished by Buyer to the Seller. 6. All insurance shall also meet the following requirements; unless 18 DRAFT 2/7/2014 otherwise agreed to by the City's Risk Manager: (i) Buyer shall furnish the Seller a certificate or certificates of insurance showing the type, amount, effective dates and date of expiration of the policies. All such insurance shall be primary and noncontributory to any insurance or self-insurance the Seller may have. Certificates of insurance shall include any insurance deductibles. (ii) The required certificate or certificates of insurance shall include substantially the following statement: "The insurance covered by this certificate shall not be canceled or materially altered, except after thirty (30) days written notice has been provided to the Risk Management Officer for the City of Roanoke, except for non- payment of premium which shall be ten(10)days" (iii) The required insurance coverages and certificate or certificates of insurance (except with respect to Worker's Compensation and Employers' Liability) shall name the City of Roanoke, its officers, employees, agents, volunteers, and representatives as additional insureds. (iv) Where waiver of subrogation is required with respect to any policy of insurance required under this Section 18, such waiver shall be specified on the certificate of insurance. (v) Insurance coverage shall be in a form and with an insurance company approved by the Seller, which approval shall not be withheld unreasonably. Any insurance company providing coverage under Section 3 shall be authorized to do business in the Commonwealth of Virginia. SECTION 19. NOTICES. All notices hereunder must be in writing and shall be deemed validly given, by personal service, if sent by certified mail, return receipt requested, or by a nationally recognized overnight courier, addressed as follows (or any other address the party to be notified may have designated to the sender by like notice): If to Seller: City of Roanoke, ATTN: City Manager 364 Noel C. Taylor Municipal Building 215 Church Avenue, SW Roanoke,Virginia 24011 Fax No. 540-853-2333 19 DRAFT 2/7/2014 With a Copy to: City of Roanoke Department of Parks and Recreation ATTN: Director of Parks and Recreation 215 Church Avenue, SW Room 303 Roanoke, VA 24011 Fax No. 540-853-1287 If to Buyer: Northwest Recreation Club, Inc. ATTN: Clay Dawson 1529 Williamson Road Roanoke,VA 24012 Fax No. 540-344-4788 Notice shall be deemed delivered upon the date of personal service, two days after deposit in the United States mail,or the day after delivery to a nationally recognized overnight courier. SECTION 20. TIME. Time is of the essence in the performance of the parties' respective obligations in this Contract. SECTION 21. SUCCESSORS AND ASSIGNS. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns. SECTION 22. COUNTERPART COPIES. This Contract may be executed in one or more counterparts, and all such counterparts so executed shall constitute one Contract binding on all of the parties hereto, notwithstanding that all of the parties are not signatories to the same counterpart. SECTION 23. CONSTRUCTION. The parties acknowledge that each party and its counsel have reviewed and revised this Contract and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Contract or any amendments or exhibits hereto. SECTION 24. SEVERABILITY AND SURVIVAL. If any term of this Contract is found to be invalid, such invalidity shall not affect the remaining terms of this Contract, which shall continue in full force and effect. The parties 20 DRAFT 2/7/2014 intend for the provisions of this Contract to be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable by any court or agency of competent jurisdiction, they shall be deemed modified to the extent necessary to make them enforceable. ALL TERMS AND CONDITIONS OF THIS CONTRACT SHALL SURVIVE CLOSING. SECTION 25. COOPERATION. Each party agrees to cooperate with the other in a reasonable manner to carry out the intent and purpose of this Contract. SECTION 26. AUTHORITY TO SIGN. The persons who have executed this Contract on behalf of the parties represent and warrant they are duly authorized to execute this Contract on behalf of their respective entity. SECTION 27. NONWAIVER. Each party agrees that any party's waiver or failure to enforce or require performance of any term or condition of this Contract or any party's waiver of any particular breach of this Contract by any other party extends to that instance only. Such waiver or failure is not and shall not be a waiver of any of the terms or conditions of this Contract or a waiver of any other breaches of the Contract by any party and does not bar the non-defaulting party from requiring the defaulting party to comply with all the terms and conditions of this Contract and does not bar the non-defaulting party from asserting any and all rights and/or remedies it has or might have against the defaulting party under this Contract or by law. SECTION 28. FAITH BASED ORGANIZATIONS. Pursuant to Virginia Code Section 2.2.-4343.1, be advised that the City does not discriminate against faith-based organizations. SECTION 29. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this Contract, Buyer agrees as follows: (a) Buyer will not discriminate against any employee or applicant for employment because of race, religion, color, sex, 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 Property. Buyer agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 21 DRAFT 2/7/2014 (b) Buyer, in all solicitations or advertisements for employees placed by or on behalf of Buyer, will state that Buyer is an equal opportunity employer. (c) Notices, advertisements and solicitations placed in accordance with federal laws, rules or regulations shall be deemed sufficient for the purpose of meeting the requirements of this section. (d) Buyer 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 Buyer or vendor. SECTION 30. CONFLICT BETWEEN PLANS AND CONTRACT TERMS. Seller and Buyer agree that the provisions of the Plans and other documents provided by Buyer to Seller are intended to be consistent with the terms of this Contract. However, if any of Seller-supplied documents and./or the Plans are in conflict with the terms of this Contract, the parties agree that the terms of this Contract shall control, unless the parties mutually agree otherwise in a writing signed by both parties. SECTION 31. FORCE MAJEURE. A delay in or failure of performance by any party shall not constitute a default, nor shall Seller or Buyer be in breach of this Contract, if and to the extent that such delay, failure, loss, or damage is directly caused by an occurrence beyond the reasonable control of such party and its agents, employees, contractors, subcontractors, and consultants, which results from Acts of God or the public enemy, compliance with any order of or request of any governmental authority or person authorized to act therefore, acts of declared or undeclared war, public disorders,rebellion, sabotage, revolution, earthquake, floods,riots, strikes, labor or employment difficulties, delays in transportation, inability of party to obtain necessary materials or equipment or permits due to existing or future laws, rules, or regulations of governmental authorities or any other direct causes, and which by the exercise of reasonable diligence said party is unable to prevent. For purposes of this Contract any one delay caused by any such occurrence shall not be deemed to last longer than six(6)months and all delays caused by any and all such occurrences under any circumstances shall not be deemed to last longer than a total of six (6) months. Any party claiming a force majeure occurrence shall give the other party written notice of the same within thirty (30) Days after the date such claiming party learns of or reasonably should have known of such occurrence, or any such claim of force majeure shall be deemed waived. Notwithstanding anything else set forth above, after a total of six (6) months of delays or failure of performance of any type have been claimed as being subject to force majeure, no further delays or failure of performance or claims of any type shall be claimed as being subject to force majeure and/or being excusable delay. 22 DRAFT 2/7/2014 SECTION 32. ENTIRE CONTRACT. This Contract, together with the exhibits hereto, contains all representations and the entire understanding between the parties hereto with respect to the subject matter hereof. Any prior correspondence, memoranda,or contracts are replaced in total by this Contract and the exhibits hereto. No amendment to this Contract shall be valid unless made in writing and signed by the appropriate parties. SIGNATURE PAGES TO FOLLOW 23 DRAFT 2/7/2014 IN WITNESS WHEREOF, Buyer and Seller have executed this Contract by their authorized representatives. ATTEST: CITY OF ROANOKE,VIRGINIA By: City Clerk Christopher P. Morrill,City Manager COMMONWEALTH OF VIRGINIA CITY OF ROANOKE,to-wit: The foregoing instrument was acknowledged before me this _day of , 2014, by Christopher P. Morrill, City Manager for the City of Roanoke, Virginia, a Virginia municipal corporation, for and on behalf of said municipal corporation. My commission expires: Notary Public SEAL WITNESS/ATTEST: NORTHWEST RECREATION CLUB, INC. By: Name: Title: § To-Wit: The foregoing instrument was acknowledged before me this day of , 2014, by , the of Northwest Recreation Club, Inc., a Virginia non-stock corporation, for and on behalf of such entity. My commission expires: Notary Public SEAL 24 DRAFT 2/7/2014 Approved as to Form: Approved as to Execution: Assistant City Attorney Assistant City Attorney Authorized by Ordinance No. 25 DRAFT 2/7/2014 Contract for Purchase and Sale of Real Property dated , 2014 by and Between the City of Roanoke, Virginia and Northwest Recreation Club, Inc. EXHIBIT 1 COUNTRYSIDE SPORTSPLEX DEVELOPMENT 10/12/2012 26 �g nont Recce {^i gyt 8f�0 ct asoAzon bosh, to 11, .Your![of7oifay and ROANOKE VALLEY YOUTH SOCCER CLUB & NORTHWEST / WILMONT RECREATION CLUB Countryside Sportsplex Development 10/12/2012 Countryside Sportsplex Development Background on Co-Developers 2 Qualifications of Co-Developers 4 Concept Plan for the Development 5 Compliance with Countryside Master Plan 7 Land Lease of Purchase 8 Developmental Budgets 9 Funding Plans 10 Development Timeframe 11 Initial 2-Year Business Plans 13 Estimated Tax Revenue Impact 14 New Jobs Created and Sustained 15 City Incentives 16 Projected Benefits to Local Economy 17 Other Factors 17 Appendices Appendix A Proposed Countryside Sportsplex Development Plan 18 Appendix B Musco Lighting Study and Drawing 19 Appendix C Letter of Use Agreement 22 Appendix D Comprehensive Countryside Master Plan 23 Appendix E Examples of Similar Facilities 24 Appendix F Countryside Sportsplex Inside Facility Sales and Cost Assumptions Appendix G Countryside Sportsplex Income Statement Projections, Fiscal Year One 1 Countryside Sportsplex Development Background on Co-Developers The Roanoke Valley Youth Soccer Club, Inc. ("RVYSC, Inc." or the "Roanoke Star") a 501 c-3 non-profit organization headquartered in Roanoke, Virginia, will be the developer of the proposed multi five field complex. Founded in 1986, the Roanoke Star has provided high level youth soccer development programs for boys and girls ages four (4) to nineteen (19) for the past twenty-six (26) years. The current player base exceeds seven hundred (700) constituting 31 teams that play in four leagues: the Virginia Club Champions League, the Blue Ridge Classic League, the Skyline League and the Atlantic Soccer League. The Roanoke Star staff is comprised of Danny Beamer, who serves as the Club's Executive Director, a position he has held since 1986, Graham MacLean, who serves as the Director of Coaching with four (4) years of tenure, Martin Smith and Toye Oshoniyi who serve as Assistant Directors of Coaching, and Pat Wolf, the administrative assistant. RVYSC, Inc. is governed by a volunteer board of directors consisting of: k:�. �' �:r Vi r� � ii +t.csi'�i' 4 Presdent 3 �ww uos @aol+com" ' 1540 .1i 7820 _.:.t�,:s3 .e...�i'-,. ?'.• ,. �ga .wu�.:..2,$ �,Se�3 _... • w. _�_ _vim� .��..... 3..o_a.,;za,:, Greg Feldmann Roanoke e` Vice-President gfeld47 @cox.net 540-345-7820 9 x r, v K It a9 s V ere.r i+ ,. ittI- 'f L_s- r e r- � + -*, xt x ,ra alls a e com t .e,. : ?�•.T i .vt.,�t rat ilt �'.R• ��:e' sC'Syrf Cn ... x "�sri P�+ ��L}; Woody Windley Roanoke Treasurer woodvw @roanokevalleyFcu.org 540-345-7820 'Wee vE..�'•2�:� �w:_�..s� , w."�§d e Erfor7x 5 `.e m o m NV. VW tlAi40 3r : 87 0 zy'' Lars Agren Roanoke agren @verizon.net 540-345-7820 :-s 1.., iF�s ����� y r G} rcY c si Vgae-:A•w M": 4 rr 5 r' x,r <r C .U +r c. :. E278— � s V.ViAgat c ° ° ° Michael Maxey Salem president@roanoke.edu 540-345-7820 a a, IAA ^e -i.; ..g, ry�".q....,, r ra-� .. -. Taman • in�estda. n.o'r"t com$7540 =,:" 45-, 82 , 4, Mike Thorell Roanoke mthorell @its.ini.com 540-345-7820 E +&F - :. >'> "n5"' "'", ,,• s'- .d a - m '",' i�',fR �' �t-Y as 't- '3' Ati `ct .'�d - t-�°?q'ie r-r roanokestar:com X ,h 5,40 345 7820?; Whitney Huffman Roaanoke �.: wh. it l w jrw ig ht @yahoo.com 54.0-345- 7 820 � 9g,”,74,�1 kitis � IY �se' ae.d ie.5. ;; h y d om � rn 347 0 Rodney Varney Boones Mill 'Mt? 54 0-345-7820 2 Countryside Sportsplex Development The Northwest/Wilmont Recreation Club, Inc. ("NWWC, Inc." or the "Northwest/Wilmont Rec.") are 501(c) 3 non-profit organizations headquartered in Roanoke, Virginia, will be the developer of the proposed building complex. Founded in 1963 and 1962, the Northwest/Wilmont Rec. has provided high level youth baseball, basketball, soccer, cheerleading, and football development programs for boys and girl's ages six (6) to seventeen (17) for the past fifty (50) years. The management staff for Northwest Rec is comprised of Clay Dawson Administrative Director, Wanda Williams Administrative Assistant, and Debra Graham Program Coordination. The management staff for Wilmont Rec is comprised of Sandy Bond Administrative Director, Cynthia Allen Administrative Assistant, Rachel Gravely Program and Activity Coordinator, Geraldine Reid Baseball Athletic Director, James Rhodes Football Athletic Director. The two recreation clubs have also provided AAU youth basketball program for the past (18) eighteen years. The number of players participating in the AAU program exceeds two hundred (200) constituting 18 teams that play in two leagues: the AAU League, and the AYBA League. The Northwest/Wilmont AAU staff is comprised of Marcus Wade, who serves as the Club's Tournament Director, a position he has held since 2009, and David Preston, who serves as the Director of Coaching and Officials. 3 Countryside Sportsplex Development NWRC/WRC, Inc. is governed by a volunteer board of directors consisting of Name Officer Title Email Phone Northwest Rec Clay Dawson President Nwre1 @aol.com 540-819-2597 Debra Graham Vice-President Nwrcl @aol.com 540-344-3218 Wanda Williams Treasurer Nwrc1 @aol.com 540-344-3218 Wanda Williams Secretary Nwrcl@ aol.com 540-344-3218 Ron Hubbard Nwrc1 @aol.com 540-344-3218 Charles Price Nwrcl@aol.com 540-344-3218 Wilntont Rec Wilmontrec @aol.com 540-344-3218 Sandy Bond President Wilmontrec @aol.com 540-344-3218 Cynthia Allen Secretary Wilmontrec @aol.com 540-344-3218 Harriet Stewart Treasurer Wilmontrec @aol.com 540-344-3218 Rachel Gravely Wilmontrec @aol.com 540-344-3218 Chrystal Bond Wilmontrec @aol.com 540-344-3218 Geraldine Reid Wilmontrec @aol.com 540-344-3218 James Rhodes Anthony West Qualifications of Co-Developers The Roanoke Valley Youth Soccer Club, Inc. 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. 4 Countryside Sportsplex Development The Northwest Recreation Club, Inc. purchased and renovated a multi-use facility in Roanoke City located at 1529 Williamson Road. The building was purchased in 1997 by NWRC, Inc., along with the associated parking. Northwest Rec. conducts Club meetings, coach's clinics, community functions, and raises funds for the operation of the Club facility and ongoing youth sport programs. The Club has managed the building, controls all programming, and performs all maintenance on the facility. The Northwest/Wilmont Rec Clubs annual gross business sales are S1.5 million for each organization, which are revenues generated from managing bingo and other fund raising activities. Concept Plan for Development Appendix A shows a conceptual drawing of the Highland Farm Park parcel and Ranch Road parcel showing the multi field complex for the Countryside property. Roanoke Star intends on jusing Altizer Hodges and Varney as our engineer to design the complex from conceptual drawings prepared by the City of Roanoke. Altizer Hodges and Varney was chosen based on their experience and an offer to perform the work at a discounted rate since their children participate in the soccer program in the community. The plan on the Highland Farm parcel will includes the development of three Bermuda grass fields. In the future once funding is secured, one of these fields will be converted over to 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 (note: a lighting study performed by Musco Sports Lighting, is included in Appendix B) 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 this parcel, the plan will include the development of three (3) additional 5 Countryside Sportsplex Development Bermuda grass fields on the Ranch Road parcel. These fields will also be built with irrigation along with additional parking areas. The contractor for 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. In addition, the synthetic turf field can be lined for football in order to provide a venue to host City recreational sandlot football championships and regional tournaments. There is also potential to attract other events such as the Virginia Special Olympics and to provide a local venue for Virginia Amateur Sports to host the soccer event of the Commonwealth Games during the summer months. Letters of support for the development from these organizations are included at the end of this proposal. The architectural firm, Rife and Wood, was selected to develop our conceptual plan because of their experience with similar projects, their understanding of our goals, and their proven ability to work with the City of Roanoke's various departments. This firm will continue to work with our organization as this project proceeds further. The firm's further involvement will be developed as the project continues to move forward. The facility plan will consist of a multi- phase facility development. The first phase will be the renovation of the existing facility and construction of administrational addition. This will provide a facility that will accommodate two or three basketball courts that can also be converted to volleyball or tennis courts. The two handball courts will remain but will also be developed to allow other activities to occur. The renovation and construction will allow for improved rest/change rooms, administration area, and 6 Countryside Sportsplex Development concession areas. Space will also be used to provide youth enrichment programs that can be conducted with collaboration with other organizations. The enrichment programs will focus upon improving youth health and educational habits. Proximity to the school's facility, fields and parking at nearby William Fleming High School will afford the City/ Northwest/Wilmont and Roanoke Valley Soccer Club to provide a first class venue to host regional basketball, volleyball and soccer tournaments, tennis match play, recreational tournaments, college showcase events, collegiate matches, NCAA tournament events and even professional matches. In addition, the synthetic turf field will be lined for football in order to provide a venue to host City recreational sandlot football championships and regional tournaments. Compliance with Countryside Master Plan RVYSC's proposed multi-field soccer complex will help to partially address the City's field shortage (as identified in the Parks and Recreation's strategic plan), while also providing Roanoke with a signature sports complex that can be used to host local and regional soccer and others sports events. A joint usage agreement with City Parks and Recreation, Roanoke City Public Schools, Roanoke Star and Northwest Recreation will allow the City to use the facility (field and/or building) for recreational activities (see Appendix C for Letter of Agreement). In addition, the field complex will include a connection to the Lick Run Greenway Trail at its nearest point to the fields, indoor facility and parking areas. The Club will develop the fields on the approximately 10 acres, known as Highland Farms parcel, which is designated for recreation along with the area on Ranch Road. (Please see Appendix D- Map for the Proposed Countryside Master Plan). The parcel on Portland was 7 Countryside Sportsplex Development designated for agriculture, and a plan amendment was passed to re-designate this parcel to recreational uses. The proposed multi-court indoor sports complex will help to address the City's recreational program court shortage (as identified in the Parks and Recreation's strategic plan), while also providing Roanoke with a signature sports complex that can be used to host local and regional basketball, volleyball and others sports events. Through a usage agreement (see Appendix C) with City Public Schools, Parks and Recreation Department, will allow the City to use the complex for recreational activities to help with overused City facilities. The building appearance will reflect a similarity to William Fleming Athletic facilities. The roofing material will be the same as appears on Fleming's metal roof buildings. The exterior walls will have a combination of materials of similar masonry and metal siding at some locations, and • aluminum storefronts. Aluminum windows will be located in various areas of the building where appropriate with the function of the interior space. There also maybe some synthetic stucco material introduced in some locations of the building. Land Lease or Purchase The Roanoke Star Club and NWWC, Inc. proposes to either purchase the property at fair market value or enter into a forty (40) year term land lease with the City of Roanoke with an option to renew the lease exercisable six (6) months prior to the maturity for the initial forty (40) year term. The financial consideration for the lease will be the Club's substantial investment to develop the facility as part of the envisioned multi-sport complex. A desired element of the proposed land lease would be a reversionary clause allowing the Club's the option to purchase the land from the City at the end of the initial forty year term for 51.00. The purchase option will be a fair market value for the land use similar to other parcel sold by the City to outside groups. 8 Countryside Sportsplex Development The City will benefit in two ways with either land option. First, the additional facility and fields will partially address the building and field deficit discussed above without the City having to make the development investment. Second, it will provide the City with a signature sportsplex that can be leveraged to attract athletic events involving out of town teams. This will drive significant visitor spending on hotels, meals, and retail purchases in the immediate area while also boosting City tax revenues. In return for the land lease, it is envisioned that the Northwest/Wilmont Rec Clubs and the Roanoke City Parks and Recreation department, would enter into a long term usage and maintenance agreement. Developmental Budgets Field Development Budget • Legal, Planning & Engineering $ 66,500 Grading $ 651,000 Subject to final elevation work Lighting(Highland Farms Parcel only) $ 560,000 Synthetic Turf Field $ 650,000 Equipment & Misc. $ 184,000 Total $ 2,111,500 9 Countryside Sportsplex Development Indoor Complex Budget • Initial Phase Estimated Cost Survey & Soil Boring $ 12,000.00 Contingency $ 60,418.00 Legal $ 6,000.00 Bldg. Renovation & Admin. Addition $1,177,365.00 Gym Equip. $ 13.000.00 • Subtotal Initial Phase $1,268,783.00 Future Phases Admin. Addition $ 307,691.00 Admin. Elevated Floor $ 255,360.00 Multi-purpose Addition $ 267,029.00 New Gym Addition & 2nd Floor $2,825,303.00 Gym Equipment $ 27,000.00 Kitchen Equipment $ 25,000.00 Fencing $ 7,000.00 Contingency $ 181,219.00 Subtotal Future Phases S3,895,603.00 Total $5,164,386.00 Funding Plans 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 ($165000), and a capital campaign ($2,000,000) targeting a combination of foundations (e.g., US Soccer Foundation) corporate and individual donors known to the Club. 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 foundations, such as the US Soccer Foundation, which we believe will provide financial and in 10 Countryside Sportsplex Development 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 year pay-in period anticipated. Funding for the indoor facility development is estimated to be $5,165,000 (inclusive of a$241,637 contingency budget). Funding will be derived from a combination of sources including the Club's facility development funds ($650,000), a grant from the NBA Foundation ($50,000 est.) and a capital campaign ($4,600,000) targeting a combination of corporate and individual donors known to the Club. The Clubs will also contact individuals who where former players and participants who are interested in the development of this complex. Some of these individuals would contribute funds toward this project or assist in the Capital Campaign. Discussions have also been held with individuals from local, regional and national Corporations, who are involve with the various programs presented by the Clubs and they will assist in obtaining funds for the construction of the project phases. The Club anticipates that the capital campaign will take 18 to 24 months to achieve sufficient financial commitments with a 6 year pay-in period anticipated. Development Timeframe Within six months of execution of agreement with the City, Roanoke Star anticipates construction work on the complex to start. The field complex will be constructed in phases matched against available funding from the capital campaign. Final engineering and planning 11 Countryside Sportsplex Development 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 be completed early to mid summer to allow the grass to grow and seat prior to opening for competition play the following spring. 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 could be installed in the off season along with the lights in order not to affect the operation of the complex. This phase will take 1 to 2 months depending on the weather. With the initial fields completed, the complex could put bids in for the state cup competitions along with collegiate and other competitions. The indoor facility will be developed in phases that are matched against the clubs existing facilities equity and the funding from the capital campaign. The development of architectural documents would be expensed from the Club's funds and the capital campaign. The concept plans will be presented to the community and City in the spring for review and approval. The initial phase of development will consist of the renovation and new administration addition to the existing building. The renovation and construction phase would start in the fall months and be completed in 8 to 12 months after the construction documents have been approved. Upon completion of this phase, the facility will be used as a two court basketball, two court volleyball and tennis, strength and development, and possible batting cage complex until campaign funds are available for development of the remaining phases. The remaining future phases will be developed within five to seven year period or as the economic conditions will allow. This period 12 Countryside Sportsplex Development would proceed in the following sequence. During the construction of the first phase, the Clubs will begin the completion the plans for the facility which will house the remaining courts. This second phase consisting of the addition of three multi-courts and some support areas will be constructed within a 24 month period after the first phase has been operational for 12 months. IiI The third phase of construction for the remaining interior areas of the second phase; support rooms, classrooms, and meeting rooms, would begin 18 months after the second phase has been in operation and be completed in 6 to 8 months. This completion would allow the Club to expand its youth programs and increase the number tournaments and could place bids for regional and state competitions. Initial 2-Year Business Plan Once the field complex has matured to allow for play, Roanoke Star would move its tournaments and league play to use the Countryside Sportsplex as its primary match venue. Applying the Convention and Visitor's Bureau methodology to visitor spending, visitor expenditures are estimated to be -$6 million annually. The following chart below reflects the projected annual number of visitors and estimated spending. Event New/Existing Event Date No.of Teams No.of Visitors $Impact Comments tellar One Star Cup Existing mid-August 90 4,000 $945,000 based on 60 teams coming from out of town roger Cup Existing mid-October 90 4,000 $945,000 based on 60 teams coming from out of town YSA State Cup New end-October 32 1,800 $575,000 based on all teams coming from out of town Recreation Tournament New end-August 50 1,875 $200,000 based on 10 teams coming from out of town )llege Showcase New early-November 40 1,700 $510,000 based on 30 teams coming from out of town f5A State Cup New early-May 32 1,800 $575,000 based on all teams coming from out of town Kimoyo Cup Existing mid-May 90 4,000 $945,000 based on 60 teams coming from out of town CCL-Fall Season Existing 3 weekend dates 36 2,025 $646,875 all VCCL clubs are out of town CCL-Spring Season Existing 3 weekend dates 36 2,025 $646,875 all VCCL clubs are out of town Totals 496 23,225 $5,988,750 13 Countryside Sportsplex Development Once the indoor facility complex has been completed to allow for play, Northwest/Wilmont would move its tournaments to use the Facility Sportsplex as its primary match venue. Applying the Roanoke Convention and Visitor's Bureau methodology to visitor spending, visitor expenditures are reasonably estimated to be $2,368,488 annually. The chart below reflects the annual projected number of visitors and estimated spending. The chart below reflects the projected annual number and visitors: No.of No.of Event New/Existing Event Date Teams Visitors $Impact Comments Star City Hoop Fest Existing End-Jan-1 day 35 861 $104,147 based on 20 teams coming from out of town Star City Warm Up Existing early-Feb-1 day 48 1,679 $203,086 based on 45 teams coming from out of town VAW's Shoot Da Rock Existing mid-Feb-1 day 45 1,421 $171,842 based on 33 teams coming from out of town AAU Supper regional Existing early-Mar-2 day 55 1,722 $318,949 based on 40 teams coming from out of town VAW's Teamwork Existing Mid-Mar-1 day 44 1,292 $156,220 based on 30 teams coming from out of town AAU DII State Championship Existing mid-Apr-2 day 42 1,507 $279,080 based on 35 teams coming from out of town AYBA State Qualifier Existing late-Apr-2 day 60 1937 $358,817 based on 45 teams coming from out of town 3b Annual V.I.P.Invitational Existing Early-May-2 day 45 1636 $303,001 based on 38 teams coming from out of town 4th Annual Star City Shootout Existing Mid-June-1 day 45 1593 $192,671 based on 37 teams coming from out of town 6 Volleyball Tournaments New Various dates 90 1,515 $280,675 based on 48 teams coming from out of town Totals 509 15,162 $2,368,488 Estimated Tax Revenue Impact In consulting with the City of Roanoke's Economic Development department staff, the following range of tax revenue is estimated assuming a 5% sales tax rate and S6 million in annual event spending being the most likely case: Projection Sale Tax Est.$tax Range Visitor Spending Rate Revenues 80% $4,600,000 5% $240,000 100% $6,000,000 5% $300,000 120% $7,200,000 5% $360,000 14 Countryside Sportsplex Development • Based on the information provided by the City of Roanoke's Economic Development department staff, the range of tax revenue is estimated assuming a 5% sales tax rate and $2,087,813 in annual event spending being the most probable case: Projection Sale Tax Est.$tax Range Visitor Spending Rate Revenues 80% $1,894,790 5% $94,740 100% $2,368,488 5% $118,424 120% $2,842,186 5% $142,109 New Jobs Created and Sustained The new field complex will help sustain both full and part-time jobs. It will help the Club keep its existing full time staff of four which includes an Executive Director, Director of Coaching, two assistant directors of coaching and our part-time administrative assistant. Also it will help the Club create new full time staff jobs because of the added field space estimated to be two (2) FTEs. Based on current headcounts for full and part-time positions, the Club's annual compensation related expense runs approximately $410,000 annually. This equates to approximately 10 jobs. The additional field space will also allow the club to sustain and create new positions for part- time coaches, referees, and athletic trainers. The new sportsplex will provide a great venue for soccer events which will create jobs for rental companies (provide tents, chairs, etc.), trophy companies, concessions, and apparel distributers. Also the new sportsplex will create new part- time jobs for maintenance such as mowing, over seeding, fertilization, etc. and possibly a full 15 Countryside Sportsplex Development time caretaker of the property. In total the club estimates that the field complex will support 10 FTEs. The indoor facility sportsplex will also create a variety of jobs. The Club will develop a full time administrative staff of three which includes a Director, Administrative Assistant, and a Program Assistant. An additional staff member(s) will he needed to implement the new youth enrichment programs. The additional courts will allow the Club to develop coaches, referees and game administrators. The new facility will create a job for a maintenance one person. There will also be opportunity for part time employment one person at the concessions area, and jobs for the catering events held in the venue. City Incentives I�I Undertaking the development of this multi-sport complex is predicated upon the following conditions and cooperation from the City as our partner in this civic endeavor: • Consideration of the usage of the existing wells on the Countryside property to install irrigation for the complex or permission to drill wells on the property in order to provide irrigation for the fields. (Easements might have to be granted to get the water from the well to the complex). • Execution of a usage agreement with the City Parks and Recreation Department, satisfactory to the club ( Similar to Appendix C); • Execution of a cooperation agreement between the City, the Roanoke City School System, Roanoke Valley Youth Soccer Club, Inc. and Northwest/Wilmont Recreation Club for occasional usage of William Fleming High School facilities(see Appendix B) • City to install Ferncliff crosswalk during implementation of greenway; 16 Countryside Sportsplex Development • Use of the existing parking area for sport events parking until this parking area is developed by others in the future. • Expedite the construction of bathrooms at proposed City Park at Countryside for use Portland site. Projected Benefits to Local Economy The local economy will have approximately$8 million injected per annum under the most likely scenario through spending by visitors generating an estimated S400 thousand in sales taxes per annum. In addition, being able to host new events in Roanoke could generate an estimated S2 million in annual spending with an additional $100 thousand in tax revenues generated. Without the proposed facility, much of this spending would likely happen in other localities as our Club teams would have to travel to find similar competitive opportunities. During the construction phase of the field development$1.75 million will be spent locally on field development, with an estimated $600,000 being for labor supporting an estimated 15-20 positions. Other Factors • The Club anticipates placing wind turbines similar to William Fleming High School's on its outdoor field lighting. Any energy credit derived from this source would apply first to the electric costs of the field operation, second to the energy bill of the sportsplex building's electrical costs and third to the City of Roanoke's Parks and Recreation energy costs. It is anticipated that the parties will work out an agreement to this effect. 17 �� // / f\ / / // ',I / 0 E l I :9 iu:i Temporary Overflow II 1 in �`o@ FP"= Parking III �� \Y �` �� W cHPrd""! III `\ / /\ ) \ / NSSi r �� Field �� o a gg V!, �. 240x360. V i Z 0,q5€. 1, , , , ,, , \,,, ,,,„ et\ . . ° <— /o / ; � o. \ ! r O � //// C \ A I / . ///"v F N Field2 II: fI ) v • zaoxseo \ Field 1 r 5:-_--„ � \ 1 Existing Tennis \'�_ / / 4 rt A - � A Facility y w°S y 240x360 / ow 0 tl \ °a �� '•\ \ r I �v m �v�v�v v v� -\ � \ /, N \ _ �- ,! Wdh9m Fleming A's\ \ % J _ p a Pa g m \\///\\\ wain e r i o �� /Temporaryntrfl w rkin \\ 'µ zovou"� / $, O aei1 /7- O b o � 9 ,t / -- ---ilt S lir‘''. ,,,,b, s ...„ „... .....\ ,.. ., is .....b ii, " oT AV sery N \ �.\ „ � V� a T H\ .---- _ ___- - ‘\>\? Ain .N/.\- .-''' \ _."---N\ -.4...y/C.; CT3 N., �' A_yi -�.i , _/ / i )- 7 ,\.,....... \ __ ______ _____--- N....it._ ( N2-- i COUNTRYSIDE z W {. SOCCER FACILITIES PLAN C 7�mm AItIZer, Hodges, & Varney, Inc. ('�'� ° ROANOKE,VIRGINIA RRL.s Consulting Engineers&Surveyors NJ 8Rs'Ilt�'IY xn nla«w rwu Give.smk xao • FIELDS ADJACENT TO RANCH ROAD Y cnmaa�ueur9,vrgnla z99n Erna: vOahx-9/10. FW 3590-3132 9992 , EIna9:ahvtanvdnccan Walla.nvwrann'acam \�_= /\---- K. 2»10 4• 4.1 II es°s n Ate' / kk�B X"g ;, . 8X88888 268 448 ;A�i -L8°3 , \� / qm \`\ btl 5 8888 j3i ,3, \ 535 GI.^ 1 • Y 8888- 1. \ tt�r.r �r d n. ,c -......--„,,,,_____■■rr_____ 211.71.,:=1: . ■■•■•./ 6:1":'\..1 ------------ \ \ t V = yye ear Xb U' alb ‘7,...7. —o \ -\ $ COUNTRYSIDE 1pp 4 SOCCER FACILITIES PLAN Altizer, Hodges, & Varney, Inc. o1 ROANOKE,VIRGINIA -9999 .. a W, ¢ �_�a pe / Consulting Engineers&Surveyors {JJ oa c4 9J L-4121: Ch tlamnur9 Y91nla 24073 '� PRELIMINARY BOUNDARY 9 PMne: 544382.9910, Fax: 590-383-9992 Email:mvlaanwnc.mn wet me:vmw.ahv-lnc.cnm 6 O g D 0 _ AT.f•. / �.' O �- - \ Op ? ik .0,-,4i V 9w, Sill 7-----01- 4,8% ,.."•� 5°-• \ {o{.. 'O � to "�.Y��`--.\ O \ 0, N \ • o \ \ • N. \ \• ? N. �� cwo2 ,�\ $ � N \ ss�l 8408° \, ,\\ kk Y1 \'\ \ 8g8Y tiiNd .t xsk_i • 3r WS? rr Nii......_ € COUNTRYSIDE MP Altizer, Hodges, &Varney, Inc. SOCCER FACILITIES NAN / / / ROANOKE,VIRGINIA 4^14= r / \ Consulting Engineers&Surveyors Y i (\ ��%%)20 Midway rg, Drive, inia 240 300 °s / PRELIMINARY BOUNDARY "'k"°"'"""-"'a"�1wn 0 Phan: 590-382-9910, Fax: 540182.9492 sP c9@ "Zvyw .9 / Cni -C:?a^~ - / a isee ,y /o ` L�. .. y.\'.. 1 ,- 'Th:fft "�F "'r te \La VJ' 1� 7��, I A - r.AL 'Al‘■• p/ - / ■ uat,., Sportsplex �Rife+ Wood Roanoke Virginia 23 Countryside Sportsplex Development Appendix B —Musco Lighting Study Corporate: 100 1s1 Ave West PO Box 808 Cska.00sa.IA 52577 641,673-0411 800,825-6020 Fax:541 1673-4852 Manufacturing:2107 seuarr Boa] PO Box 260 Muscarne IA 52761 563:253-2251 800956-1205 Fax:800/374-6402 Web:wcnv musca.canl Email lighting a mueca.tern mus . . August 9,2011 Mark Walsh Roanoke,Virginia Re: Budget estimate for Countryside Sportsplex (4) Soccer Fields Thank you for your interest in Musco's Green Generation Lightinge technology.We are pleased to present this information for your preliminary planning purposes.This estimate outlines the benefits,products,and services Musco would provide. Financing solutions provided by Musco Finance are available to minimize any funding challenges you have,subject to credit approval. This estimate includes lighting equipment,installation and underground wiring. Musco will provide our Light-Structure Green -engineered from foundation-to-poletop in 5 Easy Pieces" -and Control-Link®systems.Offloading,assembly and installation of the Musco equipment, installation of branch circuits from main disconnect panel to each pole location and installation of the main disconnect panel by a licensed electrical contractor will be provided by others. Light-Structure Green System Benefits • 50% Less Operating Cost: Projected 25-year life-cycle operating cost savings is $97,840 per field for your project. Musco's Light-Structure Green reduces life-cycle operating costs by half or more compared to prior technology designed for the same light levels,through energy efficiency,plus controls and maintenance savings.See attached 25-year Life Cycle Cost for details on how this savings was calculated. • 50%Less Spill Light: Cuts spill light by 50%compared to Musco's prior industry- leading technology.To ensure your lighting system does not have a negative impact on your community, Musco's system will minimize off-site spill light. • 100%Maintenance Free for 25 years: Musco's Constant 25-comprehensive product • assurance and warranty program covers 100%of your maintenance costs, including parts and labor,for the next 25 years.Guarantees light levels,group re-lamp replacement, system monitoring,spot maintenance,and on/off control services.This program is backed by our Lighting Services Team,dedicated to maintaining our customer's sports lighting facilities. Lighting.. .We Make It Happen. ©2011 Musco Sports Lighting,LLC 1 24 Countryside Sportsplex Development • Control&Monitoring System:Control Link provides flexible control and solid management of your lighting system. On/off control of your lighting system is provided via an easy-to-use web site scheduling system,phone,fax,or email.Our trained Control-Link Central-staff is available toll-free 24/7. Musco will monitor the performance of your lighting system, and if fixture outages that affect playability are detected,we will contact you and dispatch repair technicians. We estimate your lighting project will cost between$135,000 and$145,000 per field. Pricing is based on August 2011 pricing and is subject to change. I Budget Estimate Criteria • Field size of 3307225'for each soccer field • Guaranteed light levels of 30 footcandles,within+/- 10%per IESNA guidelines. • Structural code and wind speed= IBC 2009, 90 MPH • Musco is a lighting manufacturer and not an electrical contractor. Installation estimates are based upon projects similar in scope. • Getting electrical power to the site,coordination with the utility,and any power company fees are responsibility of the owner. • Standard soil conditions. Rock, bottomless,wet or unsuitable soil may require additional engineering,special installation methods and additional cost. . Thank you for considering Musco for your sports-lighting needs.We look forward to helping you make your project a success. Please contact me with any questions. • Joe Forche Sales Representative Musco Sports Lighting, LLC Phone:804-385-8950 E-mail:joe.forche@musco.com 02011 Musco Sports Lighting,LLC 2 25 Countryside Sportsplex Development EQUIPMENT 4 SHOWN StIGN7l Preliminary Design Information-Foundation Pole Luminaires S on Loce1«I I sal etartire ee"za I u 1 - ffaa I°® and electrical requirements should be 91-94 I ]- v oaW M 18 ] I 0 confirmed nor to final design production. MUSCOe 4 torus • . m 29 I o P 9 P GREEN MEATH.LIGHTING I GUARANTEED PERFORMANCE ILLUMINATION SUMMARY .403 494 194 0.95 4.3 40] 4.08 498 197 43.3 495 D.%4 404 493 Pr0lect Name 1 4.04 -4304 Field Name I 904 004 Cty,Stale here 1 4.a 404 Soccer Spill G 150' Grid Spacing=30 0 4.04 D9d Values given at 39'above grade I - 495 4.05 Luminare Twee. Green Generation SI S2 -Rated Lamp life: 5,000 hours 4.05 * * Q05 Avg Lumens/Lamp: 134.000 CONSTANT ILLUMINATION D96 - - 006 HORIZONTAL FOOTCANDLES Entire Gdd - 4308 409 No of Target Points-. 69 __.. ._ Average: 0.058 0 t0 Main= 0.11 4.10 Minimum: 0.03 Average Lamp Tit Factor: 000 0.11 41i Number of Lurn airs: 28 n. Avg KW over 5,000 hays: 40]9 0.11 I 4,11 Na M KW d].6 i _, _. 410 410 Guaranteed Performance:The CONSTANT ILLUMINATION desabed above b guaranteed for the rated 400 . _. --- 4.09 lfe of Me amp. f 401 49r Feld Measurements:Averages shall be en-10%in accordance with IESNA RP-6-01 and CIBSE LG4. Indrvbuai measurements may vary from computer predictors. 105 j 05 Electrical System Requirements:Refer to Amperage Draw Chart andim the"Mu sco Controls stem Summa 4305 S4 S3 0.05 for electrical sing. y Summary" 0.04 4 04 Installation Requirements:Results assume H-3% nominal voltage at lie side of the ballast and Mixtures 4304 ON bcaed with 3 feet(1m)el design locations. 404 004 I 404 404 40]4)4E4 4.04 895 43.06 497 43.06 4.04 4.07.406 4.04.404 4.04 Oat ' By Matt Smith • • Fl a 502164-1 Dale.22-May-09 • SCALE IN FEET 1.100 Pole bcamnis)¢dimensions are relathe Ie40reference poinrsi 0 Not to be reproduced t whole or patwithoul the written a ma are consent of Muaco Lighting.01981.2009 Musm Lighting Fret Dale fro mrri509)6 Tune 111.71 26 Countryside Sportsplex Development Appendix C - Facility Use Agreement 1 Facility Use Agreement • i - Pursuant to recent discussions and in recognition of the mutual benefits that would accrue to the City of Roanoke,the Roanoke City Public Schools,the Northwest Recreation Club,and the Roanoke Youth Soccer Club,the parties hereby agree to cooperate on creating an agreement whereby the Northwest Recreation Club and the Roanoke Valley Youth Soccer Club could occasionally use the William Fleming Nigh School parking.fields,and other amenities during tournaments and other events sponsored by the respective Clubs. I . . Roanoke/ . �/ �//ZJ I Date: _ Dr.Ri• D. [shop, Su.yyat,Roanoke City Public Schools Date: V2.711 Z ` Curt C party ..u,e endent for Operations,Roanoke City Public Schools G/ �J ! Date: / s` — \\-CSisto.. orrill,Roanoke City Manager �.��� Date: S//�//L Sy. e .Buschor CPRP,Director,Roanoke Parks and Recreation Roanoke �Valley Youth Soccer Club: 72/Y G✓L✓ Date: .a-/(l-/Z Mark Walsh,President—Roanoke Valley Youth Soccer Club No Invest Recreation Club: .l/Q.t.U.SP--- Date:3' -/d--- Clay Da :son,Northwest Recreation Club 27 Countryside Sportsplex Development Appendix D— Comprehensive Countryside Master Plan PO k. 0.6 S 0 2 s 2- i s t z r E { 2 6 2 5: S,"1 if y$ U6- Yy At 3. /., // // ..`., ry // / / / i IS b 4 b •Z ' L o 28 Countryside Sportsplex Development Appendix E - Examples of Similar Field Complexes Appendix C contains photos of similar facilities located in peer cities in Virginia and North Carolina. Smith River Soccer Complex, Martinsville, VA f } SAS Soccer Park, Cary, NC 29 Countryside Sportsplex Development Warhill Sports Complex 5700 Warhill Trail Williamsburg VA 23188 This complex is host to most local sporting events for County league play and tournaments. The baseball complex includes three lighted youth baseball fields, one lighted majors baseball field, four tee-ball fields, a concession building with restrooms and playground. The soccer/multiuse fields complex includes six synthetic turf multiuse fields, four premier full-size and four intermediate grass soccer fields and a concession building with restrooms. In addition, the Park includes three outdoor basketball courts, a one-mile paved multiuse trail, a 3.5 mile hiking trail, two ponds for shoreline fishing, the artificial turf Sanford B. Wanner Stadium, and the 50,000 square foot Williamsburg Indoor Sports Complex. (Please note: The Williamsburg Indoor Sports Complex is a private for-profit venture that is not managed by James City County.) _440+ R l , 30 Countryside Sportsplex Development ■ l , • �Er M e'✓ 17 Striker Park Richmond, VA Greensboro's Bryan Park. 31 Countryside Sportsplex Development BOO WILLIAMS SPORTSPLEX 5 Armstead Pointe Parkway HAMPTON, VA. • di \A.isiaLlb1/44idt; 'tea a Val Vt‘041110 tW 32 Countryside Sportsplex Development x AIL 4 I S 3. ..f. 1. . t. 1 - I. 4. . 4. I L %.■ • .. 1 4 • t 401 01 A % INt , n , a t , t ,a .... _ ... 4 .1. . . • - -d-• t; 2- . , r : ; . . II # II $ 12 r ; , I * , 2 # 33 Countryside Sportsplex Development i 4 "I'3/44. . _s, • •.., 4. r -- a r.. X �{s • 1p). A i It F x.+c,r ft—.. •.:Y I414V r4 I' A • 8 tournament plat ha,kethall courts • 12 competition collevhill court, • R competition indoor hockec field; • 200 meter, sip-lank iniioor track kith IAFF Certified synthetic surface, lone jump. pole v;tult, triple rump and ,hot put • placing pax I lions 6 t.It00 square leer and 11,000 square feet • Rent one court or ;ill court, • no, alai* with floor to ceiling di%ider;, 2's feet height ,puce. to any hanging equipment or ceiling • Computer scoring • Retractable bleacher seating for up to 4.000 • Registration room S, Z{ x5b'2 — ideal for competition registration • Dedicated meeting room 24',x28'0 — ideal for event operator meeting, • Operation ('enter I x31 tt — for event planning, e-mail, taxing and media • Banquet room • 2 training room: •-4,2 ,g square ILL concession area • IIigh-,peed Internet access • Speed and LA tnditioning center 34 Countryside Sportsplex Development PROEHLIFIC PARK FAMILY SPORTS • COMPLEX & FITNESS CENTER 4517 JESSUP GROVE RD. GREENSBORO, N.0 I_ `' I '.i ` _ � {air , ,.rte it,... ii. • •. • .t.'ffis: Located on the convenient northwest side of Greensboro, Proehlific Park offers a world-class indoor turf field, basketball /volleyball courts, batting cages and gathering space along with several outdoor fields for all your rental needs! j -} r A 1 i ,.. - iii ■ iill it ∎ l I I - / P is u - _,,_„,,,,,-.'-'''---e, Q IIIIIV Countryside Sportsplex Development . . . S as .--.• _,/ I Illil . It ri ill .. li:i tiggf nii, it it II 1 1 vi .1111! 3! ii .111 19111 Ea IFT_--!_-11 111 I A ... I •--, iii.t.■ ..! .".. mob Jill 4.A Ills ' _ - .- ------°- .-..: Id 11! !III IT: , .^. - •.,_ , . - . .., i1 . 11 S a ii4 I . a . ' A. ., A f r )i rit7 Ell MN R:,..:. I . -,- 4 Writ! I trilFt i'? .-1-: 7 it L . 1 ra r 1 ' , I . L ■ 4., ' . 36 Appendix F Countryside Sportsplex Inside Facility Sales and Cost Assumptions Countryside Sportsplex Inside Facility Sales and Cost Assumptions 1) Donation from Northwest Recreation Club and the Wilmont Recreation Club are the "Use of Proceeds" donated each year from Bingo Operations of each club. In the past, these funds have been used to buy uniforms, equipment, etc. With this project, these funds will be used for debt payments, maintenance and operation of facility. a. The donation numbers used on the projections is the average of the last five years of "Use of Proceeds" from each club. b. Listed below is the annual use of funds from these organizations over the last few years. YEAR Northwest Rec Wilmont Rec Total 2006 J $89,469 $96,784 $186,253 2007 $123,662 F $125,051 $248,713 I 2008 J $131,052 $125,051 F $256,103 2009 $173,185 $157,849 $331,034 2010 $159,281 F $145,466 F $304,747 2011 F $159,325 $95.430 F $254,755 2) Tournament revenue is determined by the following: Please refer to income and cost detail spreadsheets in this document. a. During the period of January— July there will be a minimum of two basketball tournaments a month. We anticipate that each tournament will draw 40 teams and each team will have an entry fee of$180. b. During the period of January— July there will be one Volleyball tournament a month. Each tournament will draw a minimum of 20 teams with each team paying an entry fee of$180. c. During both the Volleyball and Basketball tournaments there will admission for spectators. History has shown on average each team will bring in approximately 20-25 spectators. Price for admission varies depending on event and age of spectator. d. During the events, there will also be concessions sold. In the past approximately $1,300 per event was made in profit. Conservative sales estimates were used along with a higher cost of goods percentage than we expect. e. During the year we also expect to hold adult basketball tournaments on a quarterly basis. We expect to have a minimum of 10 teams each paying a minimum of$300 per team as entry fee, f. In year two and three we anticipate running the same tournament schedule and even though we anticipate more teams being involved, the same team number has been maintained and only an increased in the entry fee. g. Note: It is expected that approximately 75% of all participants in the tournaments will be visiting from outside the Roanoke area, which will provide significant economic impact. 3) When the facility is not in use for tournaments which would be on off weekends and during the week it is anticipated the facility will be rented out to local basketball leagues, volleyball leagues, church leagues, etc. for practice and their own league tournaments. For revenue we used the following calculations: a. There would be leagues using the facility for the spring and fall for basketball. Cost to use the facility for the leagues would be $3000 per season. b. There would be leagues using the facility for the spring and fall for volleyball. Cost to use the facility for the leagues would be 53,000 per season. c. These leagues along with other groups and individuals may also rent the facility on a per hour basis. In the projection is included a conservative use of 20 hours per month at $30 an hour. 4) In year one there will be full-time position for a manger of the facility and two part-time employees. By year three these pan-time employees will be moved to 2 full-time equivalents. Additionally, during each tournament referees and time keepers will be hired. 5) The Roanoke Soccer Club will be renting space from the complex at $500 a month which has been included in income. 6) The spreadsheet shows loan payments (interest & principle) based on $1,400,000 at 6% for a period of 240 months. • Appendix G Countryside Sportsplex Income Statement Projections, Fiscal Year One COUNTRYSIDE SPORTSPLEX INCOME STATEMENT PROJECTIONS, FISCAL YEAR ONE REVENUES JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVMBER DECEMBER TOTAL Tournaments 37,500 34,500 34,500 37,500 34,500 34,500 37,500 500 500 3,500 500 500 256,000 Concessions 10,400 7,800 7,800 10,400 7,800 7,800 10,400 0 0 2,600 0 0 65,000 Daily Use Income 6,600 600 600 600 600 600 600 600 600 6,600 600 600 19,200 Donation-Northwest Recreation 12,441 12,441 12,441 12,441 12,441 12,441 12,441 12,441 12,441 12,441 12,441 12,441 149,292 Donation-Wilmont Recreation 10,260 10,260 10,260 10260 10,260 10,260 10,260 10,260 10260 10,260 10,260 10,260 123,120 Total Revenues 77,201 65,601 65,601 71,201 65,601 65,601 71,201 23,801 23,801 35,401 23,801 23,801 612,612 COST OF SALES Tournaments 15,950 15,950 15,950 15,950 15,950 15,950 15,950 0 0 0 0 0 111,650 Concessions 5,200 3,900 3,900 5,200 3,900 3,900 5,200 0 0 1,300 0 0 32,500 Total COGS 21,150 19,850 19,850 21,150 19,850 19,850 21,150 0 0 1,300 0 0 144,150 GROSS PROFIT 56,051 45,751 45,751 50,051 45,751 45,751 50,051 23,801 23,801 34,101 23,801 23,801 468,462 EXPENSES Accounting and Legal 250 250 250 250 250 250 250 250 250 250 250 250 3,000 Advertising 150 150 150 150 150 150 150 150 150 150 150 150 1,800 Depreciation 2,991 2,991 2,991 2,991 2,991 2,991 2,991 2,991 2,991 2,991 2,991 2,991 35,897 Interest 7,000 6,985 6,970 6,954 6,939 6,923 6,908 6,892 6,877 6,861 6,845 6,829 82,983 Payroll Taxes 291 291 291 291 291 291 291 291 291 291 291 291 3,490 Utilities 3,000 3,000 3,000 3,000 3,000 3,000 3,000 3,000 3,000 3,000 3,000 3,000 36,000 Repairs&Maintenance 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 12,000 Insurance 700 700 700 700 700 700 700 700 700 700 700 700 8,400 Telephone/Internet 150 150 150 150 150 150 150 150 150 150 150 150 1,800 Licenses/Taxes 30 30 30 30 30 30 30 30 30 30 30 30 360 Bank Service Fees 0 0 0 0 0 0 0 0 0 0 0 0 0 Wages 1,408 1,408 1,408 1,408 1,408 1,408 1,408 1,408 1,408 1,408 1,408 1,408 16,900 Postage 50 50 50 50 50 50 50 50 50 50 50 50 600 Dues&Subscriptions 0 0 0 0 0 0 0 0 0 0 0 0 0 Credit Cards 0 0 0 0 0 0 0 0 0 0 0 0 0 Misc.Expenses 250 250 250 250 250 250 250 250 250 250 250 250 3,000 Computer Costs 50 50 50 50 50 50 50 50 50 50 50 50 600 Office Supplies 50 50 50 50 50 50 50 50 50 50 50 50 600 Benefits 0 0 0 0 0 0 0 0 0 0 0 0 0 Website 75 75 75 75 75 75 75 75 75 75 75 75 900 Manager Salary 1,500 1,500 1,500 1,500 1,500 1,500 1,500 1,500 1,500 1,500 . 1,500 1,500 18,000 TOTAL EXPENSES 18,946 18,930 18,915 18,900 18,885 18,869 18,854 18,838 18,822 18,807 18,791 18,775 226,331 NET PROFIT 37,105 26,821 26,836 31,151 26,866 26,882 31,197 4,963 4,979 15,294 5,010 5,026 242,131 • COUNTRYSIDE SPORTSPLEX CASH FLOW PLANNING SHEET, FISCAL YEAR ONE JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVMBER DECEMBER TOTAL CASH ON HAND 0 37,067 63,834 90,600 121,667 148,434 175,201 206,268 211,084 215,901 231,018 235,835 CASH RECEIPTS 0 Cash Sales 77,201 65,601 65,601 71,201 65,601 65,601 71,201 23,801 23,801 35,401 23,801 - 23,801 612,612 Collections 0 0 0 0 0 0 0 0 0 0 0 0 0 Loans 0 0 0 0 0 0 0 0 0 0 0 0 0 Owners Contribution 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Cash Receipts 77,201 65,601 65,601 71,201 65,601 65,601 71,201 23,801 23,801 35,401 23,801 23,801 612,612 Total Cash Avlble 77,201 102,668 129,435 161,801 187,268 214,035 246,402 230,069 234,885 251,302 254,819 259,636 EXPENSES Manager Salary 1,500 1,500 1,500 1,500 1,500 1,500 1,500 1,500 1,500 1,500 1,500 1,500 18,000 Tournaments 15,950 15,950 15,950 15,950 15,950 15,950 15,950 0 0 0 0 0 111,650 Concessions 5,200 3,900 3,900 5,200 3,900 3,900 5,200 0 0 1,300 0 0 32,500 Payroll Taxes 291 291 291 291 291 291 291 291 291 291 291 291 3,490 Accounting and Legal 250 250 250 250 250 250 250 250 250 250 250 250 3,000 Advertising 150 150 150 150 150 150 150 150 150 150 150 150 1,800 Repairs&Maintenance 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 12,000 Utilities 3,000 3,000 3,000 3,000 3,000 3,000 3,000 3,000 3,000 3,000 3,000 3,000 36,000 Insurance 700 700 700 700 700 700 700 700 700 700 700 700 8,400 Telephonellnternet 150 150 150 150 150 150 150 150 150 150 150 150 1,800 Licenses/Taxes 30 30 30 30 30 30 30 30 30 30 30 30 360 Bank Service Fees 0 0 0 0 0 0 0 0 0 0 0 0 0 Wages 1,408 1,408 1,408 1,408 1,408 1,408 1,408 1,408 1,408 1,408 1,408 1,408 16,900 . Postage 50 50 50 50 50 50 50 50 50 50 50 50 600 Dues 8 Subscriptions 0 0 0 0 0 0 0 0 0 0 0 0 0 Credit Cards 0 0 0 0 0 0 0 0 0 0 0 0 0 PAisc.Expenses - 250 250 250 250 250 250 250 250 250 250 250 250 3,000 Computer Costs 50 50 50 50 50 50 50 50 50 50 50 50 600 Office Supplies 50 50 50 50 50 50 50 50 50 50 50 50 600 Benefits 0 0 0 0 0 0 0 0 0 0 0 0 0 Website 75 75 75 75 75 75 75 75 75 75 75 75 900 Subtotal 30,104 28,804 28,804 30,104 28,804 28,804 30,104 8,954 8,954 10,254 8,954 8,954 251,600 Loan Payments 10,030 10,030 10,030 10,030 10,030 10,030 10,030 10,030 10,030 10,030 10,030 10,030 120,360 Capital Purchases 0 0 0 0 0 0 0 0 0 0 0 0 0 Owner Withdrawal 0 Total Cash Paid Out 40,134 38,834 38,834 40,134 38,834 38,834 40,134 18,984 18,984 20,284 18,984 18,984 371,960 CASH POSITION 37,067 63,834 90,600 121,667 148,434 175,201 206,268 211,084 215,901 231,018 235,835 240,652 • COUNTRYSIDE SPORTSPLEX INCOME STATEMENT PROJECTIONS, FISCAL YEAR TWO REVENUES JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVMBER DECEMBER TOTAL Tournaments 38,650 35,500 35,500 38,650 35,500 35,500 38,650 500 500 3,650 500 500 263,600 Concessions 10,400 7,800 7,800 10,400 7,800 7,800 10,400 0 0 2,600 0 0 65,000 Daily Use Income 6,825 625 625 625 625 625 625 625 625 6,825 625 625 19,900 Donation-Northwest Recreation 12,441 12,441 12,441 12,441 12,441 12,441 12,441 12,441 12,441 12,441 12,441 12,441 149,292 Donation-Wilmont Recreation 10,260 10,260 10,260 10,260 10,260 10,260 10,260 10,260 10,260 10,260 10,260 10,260 123,120 Total Revenues 78,576 66,626 66,626 72,376 66,626 66,626 72,376 23,826 23,826 35,776 23,826 23,826 620,912 COST OF SALES Tournaments 16,460 16,460 16,460 16,460 16,460 16,460 16,460 0 0 0 0 0 115,220 Concessions 5,200 3,900. 3,900 5,200 3,900 3,900 5,200 0 0 1,300 0 0 32,500 Total-COGS 21,660 20,360 20,360 21,660 20,360 20,360 21,660 0 0 1,300 0 0 147,720 GROSS PROFIT 56,916 46,266 46,266 50,716 46,266 46,266 50,716 23,826 23,826 34,476 23,826 23,826 473,192 EXPENSES Accounting and Legal 255 255 255 255 255 255 255 255 255 255 255 255 3,060 Advertising 153 153 153 153 153 153 153 153 153 153 153 153 1,836 Depreciation 2,991 2,991 2,991 2,991 2,991 2,991 2,991 2,991 2,991 2,991 2,991 2,991 35,897 Interest 6,813 6,797 6,781 6,765 6,748 6,732 6,715 6,699 6,682 6,665 6,649 6,632 80,678 Payroll Taxes 374 374 374 374 374 374 374 374 374 374 374 374 4,488 Utilities 3,060 3,060 3,060 3,060 3,060 3,060 3,060 3,060 3,060 3,060 3,060 3,060 36,720 Repairs&Maintenance 1,020 1,020 1,020 1,020 1,020 1,020 1,020 1,020 1,020 1,020 1,020 1,020 12,240 Insurance 714 714 714 714 714 714 714 714 714 714 714 714 8,568 Telephone/Internet 153 153 153 153 153 153 153 153 153 153 153 153 1,836 Licenses/Taxes 31 31 31 31 31 31 31 31 31 31 31 31 367 Bank Service Fees 0 0 0 0 0 0 0 0 0 0 0 0 0 Wages 2,210 2,210 2,210 2,210 2,210 2,210 2,210 2,210 2,210 2,210 2,210 2,210 26,520 Postage 51 51 51 51 51 51 51 51 51 51 51 51 612 Dues&Subscriptions 0 0 0 0 0 0 0 0 0 0 0 0 0 Credit Cards 0 0 0 0 0 0 0 0 0 0 0 0 0 Misc.Expenses 255 255 255 255 255 255 255 255 255 255 255 255 3,060 Computer Costs 50 50 50 50 50 50 50 50 50 50 50 50 600 Office Supplies 51 51 51 51 51 51 51 51 51 51 51 51 612 Benefits 0 0 0 0 0 0 0 0 0 0 0 Or 0 Website 77 77 77 77 77 77 77 77 77 77 77 77 918 Manager Salary 1,530 1,530 1,530 1,530 1,530 1,530 1,530 1,530 1,530 1,530 1,530 1,530 18,360 TOTAL EXPENSES 19,788 19,772 19,755 19,739 19,723 19,706 19,690 19,673 19,657 19,640 19,623 19,606 236,373 NET PROFIT 37,128 26,494 26,511 30,977 26,543 26,560 31,026 4,153 4,169 14,836 4,203 4,220 236,819 COUNTRYSIDE SPORTSPLEX CASH FLOW PLANNING SHEET, FISCAL YEAR TWO JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVMBER DECEMBER TOTAL CASH ON HAND 240,652 277,554 303,807 330,060 360,763 387,016 413,269 443,972 447,785 451,597 466,060 469,873 CASH RECEIPTS 0 Cash Sales 78,576 66,626 66,626 72,376 66,626 66,626 72,376 23,826 23,826 35,776 23,826 23,826 620,912 Collections 0 0 0 0 0 0 0 0 0 0 0 0 0 Loans 0 0 0 0 0 0 0 0 0 0 0 0 0 Owners Contribution 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Cash Receipts 78,576 66,626 66,626 72,376 66,626 66,626 72,376 23,826 23,826 35,776 23,826 23,826 620,912 Total Cash Avlble 319,228 344,180 370,433 402,436 427,389 453,642 485,645 467,798 471,611 487,373 489,886 493,699 EXPENSES Manager Salary 1,530 1,530 1,530 1,530 1,530 1,530 1,530 1,530 1,530 1,530 1,530 1,530 18,360 Tournaments 16,460 16,460 16,460 16,460 16,460 16,460 16,460 0 0 0 0 0 115,220 Concessions 5,200 3,900 3,900 5,200 3,900 3,900 5,200 0 0 1,300 0 0 32,500 Payroll Taxes 374 374 374 374 374 374 374 374 374 374 374 374 4,488 Accounting and Legal 255 255 255 255 255 255 255 255 255 255 255 255 3,060 Advertising 153 153 153 153 153 153 153 153 153 153 153 153 1,836 Repairs&Maintenance 1,020 1,020 1,020 1,020 1,020 1,020 1,020 1,020 1,020 1,020 1,020 1,020 12,240 Utilities 3,060 3,060 3,060 3,060 3,060 3,060 3,060 3,060 3,060 3,060 3,060 3,060 36,720 Insurance 714 714 714 714 714 714 714 714 714 714 714 714 8,568 Telephone/Internet 153 153 153 153 153 153 153 153 153 153 153 153 1,836 LicensesfTaxes 31 31 31 31 31 31 31 31 31 31 31 31 367 Bank Service Fees 0 0 0 0 0 0 0 0 0 0 0 0 0 Wages 2,210 2,210 2,210 2,210 2,210 2,210 2,210 2,210 2,210 2,210 2,210 2,210 26,520 Postage 51 51 51 51 51 51 51 51 51 51 51 51 612 Dues&Subscriptions 0 0 0 0 0 0 0 0 0 0 0 0 0 Credit Cards 0 0 0 0 0 0 0 0 0 0 0 0 0 Misc.Expenses 255 255 255 255 255 255 255 255 255 255 255 255 3,060 Computer Costs 50 50 50 50 50 50 50 50 50 50 50 50 600 Office Supplies 51 51 51 51 51 51 51 51 51 51 51 51 612 Benefits 0 0 0 0 0 0 0 0 0 0 0 0 0 Website 77 77 77 77 77 77 77 77 77 77 77 77 918 Subtotal 31,643 30,343 30,343 31,643 30,343 30,343 31,643 9,983 9,983 11,283 9,983 9,983 267,517 Loan Payments 10,030 10,030 10,030 10,030 10,030 10,030 10,030 10,030 10,030 10,030 10,030 10,030 120,360 Capital Purchases 0 0 0 0 0 0 0 0 0 0 0 0 0 Owner Withdrawal 0 Total Cash Paid Out 41,673 40,373 40,373 41,673 40,373 40,373 41,673 20,013 20,013 21,313 20,013 20,013 387,879 CASH POSITION 277,554 303,807 330,060 360,763 387,016 413,269 443,972 447,785 451,597 466,060 469,873 473,686 COUNTRYSIDE SPORTSPLEX INCOME STATEMENT PROJECTIONS, FISCAL YEAR THREE REVENUES JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVMBER DECEMBER TOTAL Tournaments 39,800 36,500 36,500 39,800 36,500 36,500 39,800 500 500 3,800 500 500 271,200 Concessions 10,400 7,800 7,800 10,400 7,800 7,800 10,400 0 0 2,600 0 0 65,000 Daily Use Income 7,050 650 650 650 650 65D 650 650 650 7,050 650 650 20,600 Donation-Northwest Recreation 12,441 12,441 12,441 12,441 12,441 12,441 12,441 12,441 12,441 12,441 12,441 12,441 149,292 Donation-Wilmont Recreation 10,260 10,260 15260 10,260 10,260 10,260 10,260 10,260 10,260 10.260 10,260 10,260 123,120 Total Revenues 79,951 67,651 67,651 73,551 67,651 67,651 73,551 23,851 23,851 36,151 23,851 23,851 629,212 COST OF SALES Tournaments 16,970 16,970 16,970 16,970 16,970 16,970 16,970 0 0 0 0 0 118,790 Concessions 5,200 3,900 3,900 5,200 3,900 3,900 5,200 0 0 1,300 0 0 32,500 Total COGS 22,170 20,870 20,870 22,170 20,870 20,870 22,170 0 0 1,300 0 0 151,290 GROSS PROFIT 57,781 46,781 46,781 51,381 46,781 46,781 51,381 23,851 23,851 34,851 23,851 23,851 477,922 EXPENSES Accounting and Legal 260 260 260 260 260 260 260 260 260 260 260 260 3,121 Advertising 156 156 156 156 156 156 156 156 156 156 156 156 1,873 Depreciation 2,991 2,991 2,991 2,991 2,991 2,991 2,991 2,991 2,991 2,991 2,991 2,991 35,897 Interest 6,615 6,598 6,580 6,563 6,546 6,528 6,511 6,493 6,476 6,458 6,440 6,422 78,230 Payroll Taxes 3,189 3,189 3,189 3,189 3,189 3,189 3,189 3,189 3,189 3,189 3,189 3,189 38,273 Utilities 3,121 3,121 3,121 3,121 3,121 3,121 3,121 3,121 3,121 3,121 3,121 3,121 37,454 Repairs 8 Maintenance 1,040 1,040 1,040 1,040 1,040 1,040 1540 1,040 1,040 1,040 1540 1,040 12,485 Insurance 728 728 728 728 728 728 728 728 728 728 728 728 8,739 Telephone/Intemet 156 156 156 156 156 156 156 156 156 156 156 156 1,873 Licenses/Taxes 31 31 31 31 31 31 31 31 31 31 31 31 375 Bank Service Fees 0 0 0 0 0 0 0 0 0 0 0 0 0 Wages 3,033 3,033 3,033 3,033 3,033 3,033 3,033 3,033 3,033 3,033 3,033 3,033 36,400 Postage 52 51 51 51 51 51 51 51 51 51 51 51 613 Dues&Subscriptions 0 0 0 0 0 0 0 0 0 0 0 0 0 Credit Cards 0 0 0 0 0 0 0 0 0 0 0 0 0 Misc.Expenses 260 260 260 260 260 260 260 260 260 260 260 260 3,121 Computer Costs 50 50 50 50 50 50 50 50 50 50 50 50 600 Office Supplies 52 52 52 52 52 52 52 52 52 52 52 52 624 Benefits 0 0 0 0 0 0 0 0 0 0 0 0 0 Manager Salary 1,561 1,561 1,561 1,561 1,561 1,561 1,561 1,561 1,561 1,561 1561 1,561 18,727 Website 78 78 78 78 78 78 78 78 78 78 78 78 936 Total Expenses 23,375 23,357 23,340 21,322 23,305 23,288 23,270 23,253 23,235 23,217 23,199 23,181 279,342 NET PROFIT 34,406 23,424 23,441 28,059 23,476 23,493 28,111 598 616 11,634 652 670 198,580 COUNTRYSIDE SPORTSPLEX CASH FLOW PLANNING SHEET, FISCAL YEAR THREE JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVMBER DECEMBER TOTAL CASH ON HAND 473,686 507,660 530,651 553,634 581,218 604,201 627,184 654,767 654,820 654,874 665,927 665,980 CASH RECEIPTS 0 Cash Sales 79,951 67,651 67,651 73,551 67,651 67,651 73,551 23,851 23,851 36,151 23,851 23,851 629,212 Collections 0 0 0 0 0 0 0 0 0 0 0 0 0 Loans 0 0 0 0 0 0 0 0 0 0 0 0 Owners Contribution 0 0 0 0 0 0 0 0 0 0 0 0 0 Total Cash Receipts 79,951 67,651 67,651 73,551 67,651 67,651 73,551 23,851 23,851 36,151 23,851 23,851 629,212 Total Cash Avlble 553,637 575,319 598,302 627,185 648,869 671,852 700,735 678,618 678,671 691,025 . 689,778 689,831 EXPENSES Manager Salary 1,561 1,561 1,561 1,561 1,561 1,561 1,561 1,561 1,561 1,561 1,561 1,561 18.727 Tournaments 16,970 16,970 16,970 16,970 16,970 16,970 16,970 0 0 0 0 0 118,790 Concessions 5,200 3,900 3,900 5,200 3,900 3,900 5,200 0 0 1,300 0 0 32,500 Payroll Taxes 3,189 3,189 3,189 3,189 3,189 3,189 3,189 3,189 3,189 3,189 3,189 3,189 38,273 Accounting and Legal 260 260 260 260 260 260 260 260 260 260 260 260 3,121 Advertising 156 156 156 156 156 156 156 156 156 156 156 156 1,873 Repairs&Maintenance 1,040 1,040 1,040 1,040 1,040 1,040 1,040 1,040 1,040 1,040 1,040 1,040 12,485 Utilities 3,121 3,121 3,121 3,121 3,121 3,121 3,121 3,121 3,121 3,121 3,121 3,121 37,454 Insurance 728 728 728 728 728 728 728 728 728 728 728 728 8,739 Telephone/Internet 156 156 156 156 156 156 156 156 156 156 156 156 1,873 Licenses/Taxes 31 31 31 31 31 31 31 31 31 31 31 31 375 Bank Service Fees 0 0 0 0 0 0 0 0 0 0 0 0 0 Wages 3,033 3,033 3,033 3,033 3,033 3,033 3,033 3,033 3,033 3,033 3,033 3,033 36,400 Postage 52 51 51 51 51 51 51 51 51 51 51 51 613 Dues&Subscriptions 0 0 0 0 0 0 0 0 0 0 0 0 0 Credit Cards 0 0 0 0 0 0 0 0 0 0 0 0 0 Misc.Expenses 260 260 260 260 260 260 260 260 260 260 260 260 3,121 Computer Costs 50 50 50 50 50 50 50 50 50 50 50 50 600 Office Supplies 52 52 52 52 52 52 52 52 52 52 52 52 624 Benefits 0 0 0 0 0 0 0 0 0 0 0 0 0 Website 78 78 78 78 78 78 78 78 78 78 78 78 936 Subtotal 35,939 34,638 34,638 35,938 34,638 34,638 35,938 13,768 13,768 15,068 13,768 13,768 316,504 Loan Payments 10,030 10,030 10,030 10,030 10,030 10,030 10,030 10,030 10,030 10,030 10,030 10,030 120,360 Capital Purchases 0 0 0 0 0 0 0 0 0 0 . 0 0 0 Owner Withdrawal 0 Total Cash Paid Out 45,969 44,668 44,668 45,968 44,668 44,668 45,968 23,798 23,798 25,098 23,798 23,798 436,865 CASH POSITION 507,668 530,651 553,634 581,218 604,201 627,184 654,767 654,820 654,874 665,927 665,980 666,033 COUNTRYSIDE SPORTSPLEX INCOME AND COST DETAIL Page 1 Donation-use of proceeds Jan Feb Mar 2 hty Jun Jul Aug Sep Oct Nov Dec Total Yr 1 Northwest $12.441.00 $12,441.00 $12,441.00 $12,441.00 $12,441.00 $12,441.00 $12,441.00 $12,441.00 $12,441.00 $12,441.00 $12,441.00 $12,441.00 5149,292.00 Willmont $10,260.00 $10,260.00 $10,260.00 $10,260.00 $10,260.00 $10,260.00 $10,260.00 510,26000 $10,260.00 $10,260.00 $10,260.00 510,260.00 $123,120.00 Yr 2 Northwest $12,441 00 $12,441.00 $12,441.00 $12,441.00 $12,441.00 $12,441.00 $12,441.00 $12,441.00 $12,441.00 $12,441.00 $12,441.00 $12,441.00 $149,292.00 Wilmont $10,260.00 $10,260.00 $10,260.00 $10,260.00 $10,260.00 $10,260.00 $10,260.00 $10,260.00 $10,260.00 $10,260.00 $10,260.00 $10,260.00 $123,120.00 Yr 3 Northwest $12,441.00 $12,441.00 $12,441.00 $12,441.00 $12,441.00 $12,441.00 $12,441.00 $12,441,00 $12.441.00 $12,441 00 $12,441.00 $12,441.00 $149,29200 Wilmont $10,260.00 $10,260.00 $10,260.00 $10,260.00 $10,260.00 $10,260.00 $10,260.00 $10,260.00 $10,260 00 $10,260.00 $10,260.00 $10,260.00 $123,120.00 Sales Tournaments Year 1 Jan Feb mar Aar May Jun Jul Auq Sep Oct Nov Dec Total Sales Basketball Tournaments 2 2 2 2 2 2 2 0 0 0 0 0 #Teams 40 40 40 40 40 40 40 0 0 0 0 0 Revenue per team $180 $180 $180 $180 $180 $180 $180 $0 $0 SO $0 $0 Tournament Revenue $14,400 $14,400 $14,400 514.400 $14400 $14,400 $14,400 $0 $0 $0 $0 SO $100,800 Adult Basketball Torunaments 1 1 1 1 #teams 10 10 10 10 Revenue per team $300 $300 $300 $300 Tournament Revenue $3,000 $0 $0 $3,000 $0 $0 $3,000 $0 SO 53,000 $0 $0 $12,000 Volleyball Tournaments 1 1 1 1 1 I 1 0 0 0 0 0 #Teams 20 20 20 20 20 20 20 0 0 0 0 0 Revenue per team $180 $180 $180 $180 $180 $180 $180 $0 $0 $0 $0 $0 Tournament Revenue $3,600 $3,600 $3,600 $3,600 $3,600 $3,600 $3,600 $0 $0 $0 $0 $0 $25,200 #Admission-Basketball per team 25 25 25 25 25 25 25 25 25 25 25 25 Price per ticket $7 $7 $7 $7 $7 $7 $7 $7 $7 $7 $7 S7 #Admission-Volleyball per team 20 20 20 20 20 20 20 20 20 20 20 20 Price per ticket $5 $5 $5 $5 $5 $5 $5 $5 $5 $5 $5 $5 Total Ticket Revenue $16,000 $16,000 $16,000 $16,000 $16,000 $16,000 $16,000 $0 $0 $0 $0 $0 $112,000 Office Rent $500 $500 $500 $500 $500 $500 $500 5500 $500 $500 $500 $500 • COUNTRYSIDE SPORTSPLEX INCOME AND COST DETAIL Paget Year 2 Jan Feb mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Sales Tournaments 2 2 2 2 2 2 2 0 0 0 0 0 #Teams 40 40 40 40 40 40 40 0 0 0 0 0 Revenue per team $190 $190 $190 $190 $190 $190 $190 $0 $0 $0 $0 $0 Tournament Revenue $15,200 $15,200 $15,200 $15,200 $15,200 $15,200 $15,200 50 $0 $0 50 SO $106,400 Adult Basketball Torunaments 1 1 1 1 #teams 10 10 10 10 Revenue per team $315 $315 $315 $315 Tournament Revenue $3,150 $0 SO $3,150 $0 $0 $3,150 $0 SO $3,150 $0 $0 $12,600 Volleyball Tournaments 1 1 1 1 1 1 1 0 0 0 0 0 #Teams 20 20 20 20 20 20 20 0 0 0 0 0 Revenue per team $190 $190 $190 $190 $190 5190 $190 SO $0 $0 $0 $0 Tournament Revenue $3,800 $3,800 $3,800 $3,800 $3,800 $3,800 $3,800 SO $0 SO $0 $0 $26,600 #Admission-Basketball per team 25 25 25 25 25 25 25 25 25 25 25 25 Price per ticket $7 $7 $7 $7 $7 $7 $7 $7 $7 $7 $7 $7 #Admission-Volleyball per learn 20 20 20 20 20 20 20 20 20 20 20 20 Price per ticket $5 $5 $5 $5 $5 $5 $5 $5 $5 $5 $5 $5 Total Ticket Revenue $16,000 $16.000 $16,000 $16,000 $16,000 $16,000 $16,000 $0 $0 $0 $0 $0 $112,000 Office Rent $500 $500 $500 $500 $500 $500 $500 $500 $500 $500 $500 $500 Year 3 Jan Feb mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Sales Tournaments 2 2 2 2 2 2 2 0 0 0 0 0 #Teams 40 40 40 40 40 40 40 0 0 0 0 0 Revenue per team $200 $200 $200 $200 $200 $200 $200 $0 $0 $0 $0 $0 Tournament Revenue $16,000 $16,000 $16,000 $16,000 $16,000 $16,000 $16,000 $0 $0 $0 $0 $0 $112,000 Adult Basketball Torunaments 1 1 1 1 #teams 10 10 10 10 Revenue per team $330 $330 $330 $330 Tournament Revenue $3,300 $0 $0 $3,300 $0 $0 $3,300 $0 S0 $3,300 $0 SO $13,200 - Volleyball Tournaments 1 1 1 1 1 1 1 0 0 0 0 0 #Teams 20 20 20 20 20 20 20 0 0 0 0 0 Revenue per team $200 $200 $200 $200 $200 $200 $200 $0 $0 $0 $0 $0 Tournament Revenue $4,000 $4,000 $4,000 $4,000 $4,000 $4,000 $4,000 $0 $0 $0 $0 SO $28,000 #Admission-Basketball per learn 25 25 25 25 25 25 25 25 25 25 25 25 Price per ticket $7 - $7 $7 $7 $7 $7 $7 $7 $7 $7 $7 $7 #Admission-Volleyball per team 20 20 20 20 20 20 20 20 20 20 20 20 Price per ticket $5 $5 $5 $5 $5 $5 $5 $5 55 $5 $5 $5 Total Ticket Revenue $16,000 $16,000 $16,000 $16,000 516.000 $16,000 $16000 $0 $0 $0 $0 $0 $112,000 Office Rent $500 $500 $500 $500 $500 $500 $500 $500 $500 $500 $500 5500 COUNTRYSIDE SPORTSPLEX INCOME AND COST DETAIL Page 3 Concessions Year 1 Jan Feb mar S May Jun Jul &to Sep Oct Nov Dec Total Sales Number of Events 4 3 3 4 3 3 4 0 0 1 0 0 Average sales Per Event $2,600 $2,600 $2,600 $2,600 $2,600 $2,600 $2,600 $2,600 $2,600 $2,600 $2,600 $2,600 Total Sales $10,400 $7,600 $7,800 $10,400 $7,800 $7,800 $10,400 $0 $0 $2,600 $0 $0 $65,000 Year 2 Jan Feb mar Aor Mav Jun Jul AShe Oct Nov Dec Total Sales Number of Events 4 3 3 4 3 3 4 0 0 1 0 0 Average Sales Per Event $2,600 $2,600 $2,600 $2,600 $2,600 $2,600 $2,600 $2,600 $2.600 $2,600 $2,600 $2,600 Total Sales 510,400 $7,800 $7,800 $10,400 $7,800 $7,800 $10,400 $0 $0 $2,600 $0 $0 $65,000 Year 3 Jan Feb mar LE May Jun Jul AL Seg Oct Nov Dec Total Sales Number of Events 4 3 3 4 3 3 4 0 0 1 0 0 Average Sales Per Event $2,600 $2,600 $2,600 $2,600 $2,600 $2,600 $2.600 $2,600 $2,600 $2,600 $2,600 $2,600 Total Sales $10,400 $7,800 $7,800 $10,400 $7,800 $7,800 $10,400 $0 $0 $2,600 $0 $0 $65,000 Tournament Costs Year 1 Jan Feb mar Apr May Jun Jul AAA Oct Nov Dec Tournaments 3 3 3 3 3 3 3 0 0 0 0 0 #Teams 40 40 40 40 40 40 40 0 0 0 0 0 Referees'cosOtoumament 3400 3400 3400 3400 3400 3400 3400 3400 3400 3400 3400 3400 Advertising,marketing 150 150 150 150 150 150 150 160 150 150 150 150 Trophies 700 700 700 700 700 700 700 700 700 700 700 700 Other costs 400 400 400 400 400 400 400 400 400 400 400 400 Basketball Court Rental 2000 2000 2000 2000 2000 2000 2000 0 0 0 0 0 Totals 15950 15950 15950 15950 15950 15950 15950 0 0 0 0 0 Year 2 Jan Feb mar AE Mav Jun Jul &et She Oct Nov Dec Tournaments 3 3 3 3 3 3 3 0 0 0 0 0 #Teams 1 1 1 1 1 1 1 0 0 0 0 0 Referees'cost/tournament 3500 3500 3500 3500 3500 3500 3500 3500 3500 3500 3500 3500 Advertising,marketing 175 175 175 175 175 175 175 175 175 175 175 175 Trophies 725 725 725 725 725 725 725 725 725 725 725 725 Other Costs 420 420 420 420 420 420 420 420 420 420 420 420 Basketball Court Rental 2000 2000 2000 2000 2000 2000 2000 0 0 0 0 0 Totals 16460 16460 16460 16460 16460 16460 16460 0 0 0 0 0 Year3 Jan Feb mar AL Mav Jun Jul Aug Sep Oct Nov Dec Tournaments 3 3 3 3 3 3 3 0 0 0 0 0 #Teams 40 40 40 40 40 40 40 0 0 0 0 0 Referees'costs/tournament 3600 3600 3600 3600 3600 3600 3600 3600 3600 3600 3600 3600 Advertising,marketing 200 200 200 200 200 200 200 200 200 200 200 200 Trophies 750 750 750 750 750 750 750 750 750 750 750 750 Other costs 440 440 440 440 440 440 440 440 440 440 440 440 Basketball court Rental 2000 2000 2000 2000 2000 2000 2000 0 0 0 0 0 Totals 16970 16970 16970 16970 16970 16970 16970 0 0 0 0 0 COUNTRYSIDE SPORTSPLEX INCOME AND COST DETAIL Page 4 Daily Use Income Year 1 Jan Feb mar Apt May Jun Jul Auy Sao Oct Nov Dec Total Sales Basketball $3,000 $0 $0 $0 $0 $0 $0 $0 $0 $3,000 $0 50 $6,000 Tennis $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Volleyball $3,000 $0 $0 $0 $0 $0 $0 SO $0 $3,000 $0 $0 $6,000 Other $600 $600 $600 $600 $600 $600 $600 $600 $600 $600 $600 $600 $7,200 Total Daily Revenue $6,600 $600 $600 $600 $600 $600 $600 $600 $600 $6,600 $600 $600 $19,200 Year 2 Jan Feb mar Apr Mav Jun Jul Auy Sep Oct Nov Dec Total Sales Basketball $3,100 $0 $0 $0 $0 $0 $0 $0 $0 $3,100 $0 $0 $6,200 Tennis $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Volleyball $3,100 $0 $0 $0 $0 $0 $0 $0 $0 $3,100 $0 $0 $6,200 Other $625 $625 $625 $625 $625 $625 $625 $625 $625 $625 $625 $625 $2 Total Daily Revenue $6,825 $625 $625 $625 $625 $625 $625 $625 $625 $6,825 S625 $625 $19,900 Year 3 Jan Feb mar Apr May Jun Jul Auuc Sep Oct Nov Dec Total Sales Basketball $3,200 $0 $0 50 $0 $0 $0 $0 $0 $3,200 $0 $0 $6,400 Tennis $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 50 $0 Volleyball $3,200 $0 $0 $0 $0 $0 $0 $0 $0 $3,200 $0 $0 $6,400 Other $650 $650 $650 $650 $650 $650 $650 $650 $650 $650 $650 5650 $7,800 Total Daily Revenue $7,050 $650 $650 $650 $650 $650 $650 $650 $650 $7,050 $650 5650 $20,600 Payroll, Hourly Rate 1 $9.00 Hourly Rate 2 $7.25 Yr1 Jan Feb Mar Apr May Jun Jul Auo Lo Oct Nov Dec Number of Hours Rate 1 20 20 20 20 20 20 20 20 20 20 20 20 Number of Hours Rate 2 20 20 20 20 20 20 20 20 20 20 20 20 Total Payroll $1,408.33 $1,408.33 $1,408.33 $1408.33 51,408.33 $1,408.33 $1,408.33 $1,408.33 $1,408.33 $1,408.33 $1,408.33 $1,408.33 Hourly Rate 1 $9.50 Hourly Rate 2 $7.50 Yr2 Jan Feb Mar Apr Moo' Jun Jul Auu Oct Nov Dec Number of Hours Rate 1 30 30 30 30 30 30 30 30 30 30 30 30 Number of Hours Rate 2 30 30 30 30 30 30 30 30 30 30 30 30 Total Payroll $2,210.00 $2,210.00 $2,210.00 $2.21000 $2,210.00 $2,210.00 $2,210.00 $2,210.00 $2,210.00 $2,210.00 $2,210.00 $2210.00 Hourly Rate 1 $10.00 Hourly Rate 2 $7.50 Yr3 Jan Feb Mar AQL 6 v Jun Jul Aug Secs Oct Nov Dec Number of Hours Rate 1 40 40 40 40 40 40 40 40 40 40 40 40 Number of Hours Rate 2 40 40 40 40 40 40 40 40 40 40 40 40 Total Payroll $3,033.33 $3,033.33 $3,033.33 $3,033 33 $3,033.33 $3,033.33 $3,033.33 $3,033.33 $3,033.33 $3,033.33 $3,033.33 $3 033.33 DRAFT 2/7/2014 Contract for Purchase and Sale of Real Property dated , 2014 by and Between the City of Roanoke, Virginia and Northwest Recreation Club, Inc. EXHIBIT 2 Depiction of Parcel B dated October 10, 2012 Prepared by Altizer, Hodges & Varney, Inc. 27 • a rr ir 4/, \ . ❑ O )\„,---------I \ n t ..• \ asasasca_ w w., g"a. 2 as 6 iiingNO gg Mligaiti \ / Ar \ \ RRq a i \ ��• \ ;x75;;138 sl oi _ iL \ S 1 1 / ____ _ ti j \ ''''S\ ?N `v `\ o i `* . i % ----------____ iLGLF RHO 8 ei a i1/4 x=q__ „,,--; -\ COUNTRYSIDE I N Altizer, Hodges, & Varney, Inc.50 AN n B 1 ROANOKE,VIRGINIA sg - Consulting Engineers&Surveyors W E gHfl /IT 29 Midway Sum acre,Suite zm a i PRELIMINARY BOUNDARY _:.- MalemsWWVYYInk zwn Male:hvethvth o, Fax: laa9e: -91Yz Email:ehvYDehv-MCmm WeEpage:vnv•alvrlric.mm DRAFT 2/7/2014 Contract for Purchase and Sale of Real Property dated , 2014 by and Between the City of Roanoke, Virginia and Northwest Recreation Club, Inc. EXHIBIT 3 FORM OF CASH ESCROW AGREEMENT CASH ESCROW AGREEMENT This Cash Escrow Agreement is dated , 201 , by and between , a Virginia non-stock corporation (`Developer") and the City of Roanoke, Virginia, a Virginia municipal corporation ("City"). RECITALS WHEREAS, Northwest Recreation Club, Inc. and City entered into a Contract for Purchase and Sale of Real Property dated , 2014 (the "Contract") which required security for Developer's compliance with the terms and conditions of the Contract, including completion of the Project in accordance with its plans and permitting use of the completed Facility by Seller under the terms of the Contract (the`Performance Security"); and WHEREAS, Developer has elected to post cash, as a cash escrow (the `Cash Escrow ") as the Performance Security; NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein set forth, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, Developer and the City hereby agree the above recitals are hereby incorporated into this Cash Escrow Agreement and further agree as follows: 28 DRAFT 2/7/2014 1. The City acknowledges receipt of the Cash Escrow in the amount of Fifty-Two Thousand and 00/100 Dollars ($52,000.00), to be invested, held, applied, and/or released in accordance with the terms of this Cash Escrow Agreement. 2. The condition of this Cash Escrow Agreement is that Developer is held and firmly bound to the City in the sum written above as security for Developer's performance of the terms and conditions of the Contract, incorporated herein. Developer acknowledges and agrees that until complete, final, and satisfactory performance of all of Developer's obligations under the Contract, the Developer has no right or interest in the proceeds of the Cash Escrow provided pursuant to this Cash Escrow Agreement. 3. The City shall deposit the proceeds of said Cash Escrow amount with the City Treasurer in an interest-bearing account of the City in an institution insured by FDIC or FSLIC for the term of the Performance Security as provided in this Cash Escrow Agreement and any approved extensions thereof, provided that the principal sum may be reduced in accordance with the terms of the Contract. In the event that the amount of the Cash Escrow is reduced in accordance with the terms of the Contract, the amount of any such reduction shall be delivered to Developer in accordance with the terms of the Contract. 4. If Developer fails to comply with any of the terms and conditions of the Contract or any of Developer's obligations under the Contract and City therefore has the right to call on the Performance Security as provided in Section 12(A)(3) of the Contract, the City shall have the right to withdraw the principal sum of the Cash Escrow without notice to Developer or delay in accordance with said Section 12(A)(3) of the Contract, together with any interest earned. 5. Only at such time as the Developer has complied with all terms and conditions and obligations of Developer under the Contract and Developer therefore is no longer obligated to 29 DRAFT 2/7/2014 provide Performance Security pursuant to Section 12(A)(1) of the Contract, the Developer shall have the right to receive the Cash Escrow and all accrued interest remaining on deposit and the same shall be released by the City and delivered to the Developer within thirty (30) days following written request by Developer to City in accordance with Section 19 of the Contract. 6. This Cash Escrow Agreement shall be governed by the laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, Developer and City have executed this Cash Escrow Agreement by their authorized representatives. SIGNATURES APPEAR ON FOLLOWING PAGES 30 DRAFT 2/7/2014 DEVELOPER: By: Name: Title: Witness/attest: CITY OF ROANOKE: By: Name: Title: Witness/attest: City Clerk Approved as to form City Attorney 31 DRAFT 2/7/2014 Contract for Purchase and Sale of Real Property dated , 2014 by and Between the City of Roanoke, Virginia and Northwest Recreation Club, Inc. EXHIBIT 4 FORM OF IRREVOCABLE LETTER OF CREDIT [Bank Letterhead] 201 Irrevocable Standby Letter of Credit Letter of Credit No. Issue Date: , 201 Expiry Date: Amount: $52,000.00 (USD Fifty Two Thousand and 00/100) CITY OF ROANOKE, VIRGINIA CHRISTOPHER P. MORRILL, CITY MANAGER MUNICIPAL BUILDING ROOM 364 215 CHURCH AVENUE, S.W. ROANOKE, VIRGINIA 24011 Dear Mr. Morrill: We hereby issue this irrevocable standby letter of credit for the above amount in the favor of the City of Roanoke, Virginia, beneficiary, which is available for payment of the beneficiary's sight drafts drawn on Bank bearing the clause, "Drawn under Bank Letter of Credit Number ", accompanied by the following documents: This Letter of Credit and a certified statement signed by the City Manager or other designated City Official of the City of Roanoke, Virginia, stating that , has not complied with the terms and conditions of a dated , by and between and the City of Roanoke, Virginia, (the "), and that the amount of funds requested are due to the City of Roanoke, Virginia, for failure to comply with the terms of the This irrevocable letter of credit sets forth in full the terms of our undertaking. This undertaking shall not in any way be modified, amended, or amplified by reference to any document or contract referred to herein. 32 DRAFT 2/7/2014 This irrevocable letter of credit shall remain in full force until and including , and shall automatically renew itself from year to year thereafter unless and until Bank shall give ninety (90) days prior notice to the City of Roanoke, Virginia, by certified mail, return receipt requested, of its intent to terminate the same at the expiration of the ninety (90) day period. During the last thirty (30) days during which the letter of credit is in full force and effect, the City may draw up to the full amount available under the letter of credit with a draft accompanied by a document stating the , or its agent has not compiled with the and/or has not provided an acceptable substitute irrevocable letter of credit. We hereby agree with you that draft(s) drawn under and in compliance with the terms and conditions of this letter of credit shall be duly honored if presented together with document(s) as specified and the original of this credit, at our office located at Roanoke, Virginia on or before 12:00 noon on the above stated expiry date or any renewal thereof Except as otherwise expressly stated herein, this letter of credit is subject to the Uniform Customs and Practice for Documentary Credits, established by the International Chamber of Commerce, as in effect on the date of issuance of this credit. Sincerely, Bank Signed Title: 33 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times - + R. BRIAN TOWNSEND, ASSISTANT CIT NOUCE Of PUBLIC upon completion of an! accurate ground survey but. ROOM 364 HEARING under no circumstances shall the area be greater 215 CHURCH AVENUE, S.W. , than 3.60 acres (the The City of Roanoke .Property"),to Northwest ROANOKE VA 24 011 proposes to enter Into a Recreation Club, Inc., a contract to convey a portion Virginia non-stock of City owned parcel of real corporation or Its permitted property,containing not assigns(the"Buyer") In more than approximately accordance with a proposed 3.60 acres,together with. Contract for Purchase and REFERENCE: 88082141 building and Improvements Sale of Real Property with a thereon,said property being draft date of February 7 13541857 NOTI CEOFPUBLICHEARIN a portion of real property 2014(the"Contract"). The fronting on Highland Farm Buyer Intends to renovate Road,Roanoke,Virginia, the bulleting on the Property said Droned',Is a portion of to provide for approximately State of Virginia City owned property 19,000 sq.ft.or Indoor City of Roanoke dealggnatea;air Tax recreation facilities, y Map fio.8472302,and sBltl Including two (2) property Is also depicted as� multi-purpose courts.The Parcel B on an exhibit dated proposed Contract also I, (the undersigned) an authorized representative October 10, 2012 end' provides the Buyer with a p prepared by alU:er,Hodges non-exclusive right to use, of the Times-World Corporation, which corporation and Varney,Inc.;provided an existing driveway that the area of said Parcel adjacent to the Property for is publisher of the Roanoke Times, a daily B may be adjusted based access and egress. Pursuant to the newspaper published in Roanoke, in the State of requirements of Sections 15.2-1800(6) and Virginia, do certify that the annexed notice was 15.2-1813,Code of Vir®nia notice published in said newspapers on the following is hereby given that the dates : Roanoke will hold apublic hearing on the above matter at Its regular meeting to be held on Tuesday, February 18, 2014,commencing at 7:00 p.m.,or as soon thereafter as the matter may be City/County of Roanoke, Commonwealth/State of Chamber, Council 4th Floor,Noel C.'. Taylor Municipal Building, V'r ia. Sworn and subscribed before me this 215 Church Avenue,SM., Roanoke,Virginia,24011. ay of Feb 2014. Witness my hand and Further gqInformation,the of icial seal . Contract Ise ailableffrom the Office of the City Clerk! (5rt)e 3- of Roanoke at riipithyt �ta Public (540)853-2541. rs n2ans and other persons and other entitles who have an Interest In this matter shall have the opportunity to be heard and express their opinions on'. `xvx%%%t^^CF r r rvr�i said N you are a person with ;` P. .Ny a disability who needs Q ,• "" ••, �� accommodations for this �� NOTggy . j i hearing,please contact me PUBLISHED ON: 02/07 � /� ;' City Clerk's Office at(540) F'JaLIC -: 2 853-2541,before 12:00 7 REC. g.S.,�,R noon on Thursday,February 02_64 13,2014. MY COP✓!MISJfQN GIVEN under my hand ▪ n this 4th day of February, • • EX'fR-S 2014. .! '• 'y/'l.5T N4".�� Stephanie M.Moon,•%,,/fi .../ C`� ` City Clerk ^ `14, ' '1 rir . "• (13541857) TOTAL COST: 400 . 08 ` �,,, t�.,�' FILED ON: 02/07/14 --- • Authorized f•Ef/ 1 J`j-' 1 Signature : �� / , , Billing Services Representative NOTICE OF PUBLIC HEARING The City of Roanoke proposes to enter into a contract to convey a portion of City owned parcel of real property, containing not more than approximately 3.60 acres, together with building and improvements thereon, said property being a portion of real property fronting on Highland Farm Road, Roanoke, Virginia, said property is a portion of City owned property designated as Official Tax Map No. 6472302,and said property is also depicted as Parcel B on an exhibit dated October 10, 2012 and prepared by Altizer, Hodges and Varney,Inc.;provided that the area of said Parcel B may be adjusted based upon completion of an accurate ground survey but under no circumstances shall the area be greater than 3.60 acres (the "Property"), to Northwest Recreation Club, Inc., a Virginia non-stock corporation or its permitted assigns(the"Buyer")in accordance with a proposed Contract for Purchase and Sale of Real Property with a draft date of February 7, 2014 (the"Contract"). The Buyer intends to renovate the building on the Property to provide for approximately 19,000 sq. ft.of indoor recreation facilities, including two (2) multi-purpose courts. The proposed Contract also provides the Buyer with a non-exclusive right to use an existing driveway adjacent to the Property for access and egress. Pursuant to the requirements of Sections 15.2-1800(B) and 15.2-1813, Code of Virginia (1950),as amended,notice is hereby given that the Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Tuesday, February 18, 2014, commencing at 7:00 p.m.,or as soon thereafter as the matter may be heard, in the Council Chamber, 4th Floor,Noel C. Taylor Municipal Building,215 Church Avenue,S.W.,Roanoke,Virginia,24011. Further information,including a copy of the Contract, is available from the Office of the City Clerk for the City of Roanoke at (540) 853-2541. Citizens and other persons and other entities who have an interest in this matter shall have the opportunity to be heard and express their opinions on said matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Thursday, February 13, 2014. GIVEN under my hand this 4th day of February, 2014. Stephanie M. Moon, City Clerk PH-sale of Countryside Poperry.doc Notice to Publisher: Publish once in the Roanoke Times on Friday, February 7, 2014: Send affidavit to; Send Bill to: Stephanie M. Moon, MMC, City Clerk R Brian Townsend, Assistant City Manager 215 Church Avenue, S.W., Room 456 215 Church Avenue Roanoke, VA 24011 Room 364 (540) 853-2541 Roanoke, Virginia 24011 PH-sale of Countryside Poperty.doc