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Council Actions 10-20-14
ROSEN 40072-102014 arf Y4.r •,t fi s f' ROANOKE CITY COUNCIL REGULAR SESSION OCTOBER 20, 2014 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1 . Call to Order--Roll Call. Council Member Ferris was absent. Council Member Lea arrived late. The Invocation was delivered by Pastor Jeff Copper, New Life Christian Ministries. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. Welcome. Mayor Bowers. NOTICE Today's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, October 23 at 7:00 p.m., and Saturday, October 25 at 4:00 p.m., and video streamed by Internet through Rev.Net Technologies, Inc., at http://www.wrev.net. Council Meetings are offered with closed captioning for the hearing impaired. ANNOUNCEMENTS THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. 1 THE CITY CLERK'S OFFICE PROVIDES THE MAJORITY OF THE CITY COUNCIL AGENDA ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO ACCESS AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT WWW.ROANOKEVA.GOV, CLICK ON THE GOVERNMENT ICON. NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. SPECIAL ASSISTANCE IS AVAILABLE FOR DISABLED PERSONS ADDRESSING CITY COUNCIL. EFFORTS WILL BE MADE TO PROVIDE ADAPTATIONS OR ACCOMMODATIONS BASED ON INDIVIDUAL NEEDS OF QUALIFIED INDIVIDUALS WITH DISABILITIES, PROVIDED THAT REASONABLE ADVANCE NOTIFICATION HAS BEEN RECEIVED BY THE CITY CLERK'S OFFICE. PERSONS WISHING TO ADDRESS COUNCIL WILL BE REQUIRED TO CONTACT THE CITY CLERK'S OFFICE PRIOR TO THE MONDAY COUNCIL MEETING, OR REGISTER WITH THE STAFF ASSISTANT AT THE ENTRANCE TO THE COUNCIL CHAMBER PRIOR TO COMMENCEMENT OF THE COUNCIL MEETING. ONCE THE COUNCIL MEETING HAS CONVENED, THERE WILL BE NO FURTHER REGISTRATION OF SPEAKERS, EXCEPT FOR PUBLIC HEARING MATTERS. ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE ALLOTTED FIVE MINUTES EACH; HOWEVER, IF THERE ARE MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLOTTED THREE MINUTES. ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMITTEE MAY CONTACT THE CITY CLERK'S OFFICE AT 853-2541, OR ACCESS THE CITY'S HOMEPAGE TO OBTAIN AN APPLICATION. THE COUNCIL OF THE CITY OF ROANOKE IS SEEKING APPLICATIONS FOR THE FOLLOWING CURRENT OR UPCOMING EXPIRATIONS OF TERMS OF OFFICE: ARCHITECTURAL REVIEW BOARD - TWO VACANCIES FOUR-YEAR TERMS OF OFFICE ENDING OCTOBER 1, 2018 BLUE RIDGE BEHAVIORAL HEALTHCARE BOARD OF DIRECTORS ONE VACANCY (AT-LARGE) THREE-YEAR TERM OF OFFICE ENDING DECEMBER 31, 2017 2 BOARD OF ZONING APPEALS — TWO VACANCIES THREE-YEAR TERMS OF OFFICE ENDING DECEMBER 31, 2017 BUILDING AND FIRE CODE BOARD OF APPEALS — ONE VACANCY (CITIZEN AT LARGE) THREE-YEAR TERMS OF OFFICE ENDING JUNE 30, 2017 CITY PLANNING COMMISSION — TWO VACANCIES FOUR-YEAR TERMS OF OFFICE ENDING DECEMBER 31, 2018 FAIR HOUSING BOARD - TWO VACANCIES UNEXPIRED TERMS OF OFFICE ENDING MARCH 31, 2016 HUMAN SERVICES ADVISORY BOARD — ONE VACANCY FOUR-YEAR TERMS OF OFFICE ENDING NOVEMBER 30, 2018 PERSONNEL AND EMPLOYMENT PRACTICES COMMISSION - ONE VACANCY— (AT LARGE) THREE-YEAR TERM OF OFFICE ENDING JUNE 30, 2017 ROANOKE NEIGHBORHOOD ADVOCATES — THREE VACANCIES ONE UNEXPIRED TERMS ENDING JUNE 30, 2015 TWO UNEXPIRED TERMS ENDING JUNE 30, 2016 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: Recognition of the Angels of Assisi in connection with the Mayor's Pet Adoption Challenge between the Cities of Roanoke and Lynchburg. The Mayor recognized Lisa O'Neill and Matthew Brown, Angels of Assisi; and David Figler, Director, Regional Center for Animal Care and Protection. A Proclamation declaring October 26 — 31, 2014 as Red Ribbon Week. The Mayor declared October 26 — 31 as Red Ribbon Week and recognized Sheila Lythoe, Chair, Red Ribbon Week Committee; and Kathy Graham Sullivan, Director, Roanoke Area Youth Substance Abuse Coalition(RAYSAC). Presentation of gift from Wonju City Government. Mayor Bowers announced that the Roanoke City Council hosted a luncheon in celebration of the 50th Anniversary of the Roanoke Sister Cities Committee. The Mayor presented a framed artwork to the City Manager and City Clerk for appropriate display,which was given by Mayor Wean, Chang-Mug,Wonju City Government, on behalf of Wonju, Korea. 3 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. 4. CONSENT AGENDA (APPROVED - 6-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 Minutes of the regular meetings of City Council held on Monday, August 4, 2014; and Monday, August 18, 2014. RECOMMENDED ACTION: Dispensed with the reading of the minutes and approved as recorded. REGULAR AGENDA 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: NONE. 7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: 1. Execution of a new Parking Agreement between the City of Roanoke and Carilion Clinic Properties, LLC, for a period of five years, commencing on November 1, 2014, through October 31, 2019, in order to acquire parking permits for its use in the City's parking system. Adopted Ordinance No. 40072-102014 (5-0, Vice-Mayor Trinkle abstained from voting.) 4 2. Acceptance the State Homeland Security FY15 Grant Award from the Virginia Department of Emergency Management(VDEM)to allow the Roanoke Police Department to purchase body armor for its Tactical Response Team. Adopted Resolution No. 40073-102014 and Budget Ordinance No. 40074-102014 (6-0). 3. Authorization to submit the FY2016 application to Virginia Department of Transportation for additional funds from the Revenue Sharing Program for the City to construct or improve its infrastructure systems. Adopted Resolution No. 40075-102014 (6-0). 4. Acceptance and appropriation of Virginia Department of Transportation (VDOT) Federal Transportation Enhancement Funds; and authorization to execute a VDOT agreement for the Roanoke River "Bridge the Gap" Greenway Project. Adopted Resolution No. 40076-102014 and Budget Ordinance No. 40077-102014 (6-0). 5. Authorization to submit an application to the Virginia Department of Transportation (VDOT) to request additional funding in connection with the Virginian Railway Passenger Station project. Adopted Resolution No. 40078-102014 (6-0). COMMENTS BY CITY MANAGER. The City Manager shared the following comments: Opening of the Main Library • Everyone is very excited about the opening of the newly renovated Main Library • We held a ribbon-cutting ceremony on October 14, 2014, where city officials were joined by some of our younger citizens from Round Hill and Preston Park elementary schools to officially open the library. • The opening received a lot of coverage from the media, and we want to thank local media for doing such a great job of telling area residents about the new features inside this facility. • Next library renovation is Raleigh Court. Media Attention • Mobility Lab featured an online story titled "Roanoke's Placemaking Shows a City on the Rise" written by Paul Goddin on October 7, 2014. • Compliments the spirit of Roanoke's residents—friendliness, character, and applauds the city's great downtown spaces. 5 Bagged Leaf Collection • Dates are November 9, November 23, and December 7, 2014. o Brochures with information about bagged leaf collection are going out in the mail this week to residents. o Leaf Collection information is posted on city's website homepage, under "Read About". o Staff will be sending information out through social media sites and MyRoanoke. • Residents may place at the curb an unlimited number of bagged leaves in biodegradable paper bags during the three leaf-collection weeks. • Since leaf disposal in plastic bags is not the city's preference, residents are limited to six plastic bags per bulk collection week. • New this year: Regularly scheduled brush collection will occur only for large piles of brush (4'x4'x4') during leaf collection weeks. • Small amounts of brush can be bagged for collection during bulk week or placed within the Big Blue trash container during any collection week. Roanoke Go Outside Festival • Held on Friday - Sunday, October 17 - 19 at River's Edge. • This is an annual event to encourage healthy, active outdoor recreation; a celebration of everything outdoors. • Combines the things outdoor enthusiasts love - camping, music, gear, races, and demos, and a beautiful outdoor setting. • Last year's attendance was approximately 12,000. Still waiting for final numbers from this year's event. 8. REPORTS OF COMMITTEES: a. A report of the Roanoke City School Board requesting appropriation of funds for various educational grants and programs; and a report of the Director of Finance concurring in the request. Donna Caldwell, Director of Accounting, Spokesperson. Adopted Budget Ordinance No. 40079-102014 (6-0). 9. UNFINISHED BUSINESS: NONE. 6 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: a. A resolution reappointing A. Damon Williams as a Director of the Economic Development Authority for a term of four years ending October 20, 2018. Adopted Resolution No. 40080-102014 (6-0). b. A resolution appointing Thomas Cullen as a Director of the Economic Development Authority for a term of four years ending October 20, 2018. Adopted Resolution No. 40081-102014 (6-0). 11 . MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. Council Member Price announced that a public forum titled "The Face of Human Trafficking" would be held on October 28, at 8:30 a.m., at Virginia Western Community College. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. NONE. 12. RECESS - 2:44 P.M. THE COUNCIL MEETING WAS DECLARED IN RECESS TO BE RECONVENED AT 7:00 P.M., IN THE CITY COUNCIL CHAMBER, ROOM 450, NOEL C.TAYLOR MUNICIPAL BUILDING. 7 Aar ROANOKE CITY COUNCIL REGULAR SESSION OCTOBER 20, 2014 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order--Roll Call. Council Member Ferris 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 Boy Scout Troops No. 210 from the South United Methodist Church; and No. 2 of the Royal Corps Presbyterian Boy Scouts. Welcome. Mayor Bowers. NOTICE: Today's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, October 23 at 7:00 p.m., and Saturday, October 25 at 4:00 p.m., and video streamed by Internet through Rev.Net Technologies, Inc., at http://www.wrev.net. Council Meetings are offered with closed captioning for the hearing impaired. 8 A. PUBLIC HEARINGS: 1. Consideration of an ordinance to realign the boundaries of voting precincts and to reduce the number of voting precincts within the City of Roanoke. The public hearing was continued until Monday, November 17 at 7:00 p.m., or as soon thereafter as the matter may be heard; and the City Attorney was instructed to publicize/advertise a public hearing to consider another alternative as "Plan B with 21 precincts. 2. Amendment of Ordinance No. 39853-012114 to correct a scrivener's error, and clarify the description of leased premises contained in such Ordinance authorizing the Lease of City-owned Property in the Countryside Area to Roanoke Valley Youth Soccer Club, Inc. R. Brian Townsend, Assistant City Manager for Community Development, Spokesperson. Adopted Ordinance No. 40082-102014 (6-0). 3. Request of the City of Roanoke to rezone two parcels identified as 0 Tuckawana Circle, N. W., from RM-2, Residential Mixed Density District, to ROS, Recreation and Open Space District, for the purpose of permitting an offsite parking lot associated with an outdoor recreational facility. Christopher Chittum, Agent, Spokesperson. Adopted Ordinance No. 40083-102014 (6-0). 4. Request of Bookbag Santa, Inc., for tax exemption of personal property in the City at 1207-A McDowell Avenue, N. E. Gary Hunt, President, Spokesperson. Adopted Ordinance No. 40084-102014 (6-0). 5. Request of Krishna Properties, LLC, that 0.1331-acre within the existing right of way at Lukens Street, N. W., be vacated and closed, and combined with and made a part of Official Tax Map No. 3080134, creating Parcel 1A (0.8213 acre) situated along Liberty Road, Court land Avenue and Lukens Street, N. W., for the purpose of a parking lot. Manish Patel, Manager, Spokesperson. Adopted Ordinance No. 40085-102014 (6-0). 6. A proposal of the City of Roanoke with regard to an Option Agreement with Carillon Services, Inc. to purchase City-owned property, known as the former Navy Reserve Building, located at 250 Reserve Avenue, S. W., designated as Official Tax Map No. 1040201. Christopher P. Morrill, City Manager. Adopted Ordinance No. 40086-102014(6-0,Vice-Mayor Trinkle voted on the measure in order to meet a constitution requirement); and Resolution No. 40087-102014 (5-0, Vice-Mayor Trinkle abstained from voting inasmuch as he had a conflict due to being employed with Carillon Services, Inc.). 9 7. Request of the City of Roanoke Planning Commission to amend Chapter 36.2, Zoning, Code of the City of Roanoke, (1979), as amended, to update, clarify, and make the City's Zoning Ordinance user friendly. Christopher Chittum, Agent, Spokesperson. Adopted Ordinance No. 40088-102014 (6-0). B. 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. Edward Gates appeared before the Council. C. ADJOURNMENT - 9:28 P.M. 10 CITY OF ROANOKE ^"'r 'f OFFICE OF THE CITY COUNCIL 215 Church Avenue,S. W.,Suite 456 e Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (541)853-1145 DAVID A.BOWERS Email: cicrkUcroanokeva.};ov WILLIAM D.BLS I PI I CII Mayor RAPHAEL E.FERRIS SIIERMAN P.LEA ANI'I'A J.PRICE COURT G.ROSEN DAVID B. IRINKLF. Council Members October 16, 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 absent at the 2:00 p.m. and 7:00 p.m. regular sessions of Council on Monday, October 20, 2014. cerely, cer J"_' Ray E. Ferris Council Member pc: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance :Stephanie M. Moon Reynolds, City Clerk Drew Harmon, Municipal Auditor y. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W.,Suite 456 • a Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON REYNOLDS,MMC E-mail: cierk(a ramakevn.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk October 21, 2014 Pastor Jeff Copper New Life Christian Ministries 5745 Airport Road, N. W. Roanoke, Virginia 24012 Dear Reverend Copper: 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 Monday, October 20, 2014. Inasmuch as the invocation is an official part of every Council meeting and is listed on the agenda and is delivered as part of the opening ceremony, along with the Pledge of Allegiance to the Flag, all invocations delivered by the clergy must be nonsectarian in nature, and should not be used to advance a particular religion or to disparage another faith or belief, but offer a time of reflection and encouragement. If you should desire to deliver the invocation at a future Council meeting, I would respectively request that you refrain from advancing a particular religion Sincerely, Stephanie M Moon Reyno s, M City Clerk SMR:aa Office of the Mayor CITY OF ; r9s; ROANOKE TO tlanlati011 WHEREAS, the RED RIBBON CAMPAIGN was initiated in 1985 by the Virginia Federation of Communities for Drug-Free Youth; WHEREAS, the red ribbon was designated as the symbol of intolerance of illegal drug use and a commitment to a drug-free life style; WHEREAS, RAYSAC (Roanoke Area Youth Substance Abuse Coalition) and Blue Ridge Behavioral Healthcare will demonstrate their commitment to a drug-free community by urging the citizens of Roanoke to display RED, in the form of banners, ribbons worn as lapel pins, ribbons placed on car antennas, and red bows placed on mailboxes or on front doors;and WHEREAS, a Candlelight Remembrance Ceremony will be held at The Hotel Roanoke and Conference Center on Sunday, November 2 to remember those persons whose lives have been affected by substance abuse. NOW, THEREFORE, I, David A. Bowers, Mayor of the City of Roanoke, Virginia, do hereby proclaim October 26 — October 31 throughout this great, six-time All-America City, as RED RIBBON WEEK. Given under our hands and the Seal of the City of Roanoke this twentieth day of October in the year two thousand and fourteen. ATTEST: �} Stephanie o eynolds David A. Bowers City Clerk Mayor CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S. W.,Suite 456 Roanoke,Virginia 24011-1536 Telephone: (5411)853-2541 Fax: (5411)853-1145 1':mail: clerk(a loam)keva.gov JONATHAN E.CRAFT,CMC STEPHANIE M.MOON REYNOLDS,NM(' Deputy City Clerk City Clerk CECELIA T.WEBB,CMC' Assistant City Clerk October 21, 2014 Christopher P. Morrill City Manager Roanoke, Virginia Dear Mr. Morrill: I am enclosing copy of Resolution No. 40072-102014 authorizing execution of a new Parking Agreement between the City and Carilion Clinic Properties, LLC, a non-profit Virginia limited liability company, dated November 1, 2014, for a term of five years, which agreement may be renewed for up to two five-year periods upon mutual agreement of the parties and subject to approval by City Council, that will initially provide 310 unreserved parking permits to Carilion by November 1, 2014, for parking spaces in the City's Church Avenue Parking Garage, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 20, 2014. Sincerely, R frr &- Stephanie M. Moon Reynolds, MMC City Clerk Enclosure pc: Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Deborah J. Moses, Parking Administrator J IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of October, 2014. No. 40072-102014. AN ORDINANCE authorizing the City Manager to execute a new Parking Agreement between the City and Carillon Clinic Properties, LLC, a non-profit Virginia limited liability company, ("Carilion"); authorizing the City Manager to execute such other documents and take such further action as may be necessary to implement, administer, and enforce such Agreement; and dispensing with the second reading of this Ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to execute a Parking Agreement between the City and Carilion dated November 1, 2014, for a term of five (5) years,which Parking Agreement may be renewed for up to two five (5) year periods upon mutual agreement of the parties and subject to approval by City Council, that will initially provide three hundred ten (310) unreserved parking permits to Carilion by November 1, 2014, for parking spaces in the City's Church Avenue Parking Garage in accordance with certain terms and conditions as more fully set forth in the City Council Agenda Report dated October 20, 2014. 2. The payment for these Permits shall be in conformity with the rates set forth in Attachment B as attached to the Parking Agreement. 3. The new Parking Agreement will be substantially similar to the one attached to the above mentioned City Council Agenda Report, and shall be approved as to form by the City Attorney. 4. The City Manager is further authorized to execute such other documents and take such further action as may be necessary to implement,administer,and enforce such Parking Agreement,with any such documents being approved as to form by the City Attorney. 1 5. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: 'v1 • City t 0-Carillon Parking Agreement-Church Ave Garage Final 10.13.14.doc 2 STATEMENT OF CONFLICT OF INTEREST I Nu > -m. I,fiaGE state that I have a personal interest in agenda item 7. a• / regarding G ra✓hrs 43ttt t-4 (Oe.rwr1K 4-kg � &AX/ Par ( II oN CIuw Psv� to s, JJLLC because I w e cot CaM.p 1 CM teitod-r o 1st l,0 � M (AA uffil1Q$ 04 C.Qrt\1ov1 Cku xt . gSOk>erli ? S, LLC • 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 ZO f+''day of(?')c.4(-0 (/SQ r , 2014. / : j 1 (SEAL) CITY COUNCIL AGENDA REPORT tE To: Honorable Mayor and Members of City Council Meeting: October 20, 2014 Subject: Carilion Parking Agreement Background: Carilion Clinic Properties, LLC (Carilion) (formerly Carilion Health System) has had a parking agreement with the City of Roanoke since 1998. The current parking agreement will expire on October 31 , 2014. Carilion has requested to enter into another parking agreement in order to acquire parking permits for its use in the City's parking system. Considerations: Carilion wishes to acquire and maintain a minimum of three hundred ten (310) unreserved parking permits for use in the City's Church Avenue Parking Garage located at 121 Church Avenue S.W. (Agreement). The number of parking permits may be increased based on future parking needs. The term of this Agreement will be five (5) years commencing on November 1 , 2014 under the terms and conditions contained in Exhibit (1 ), Attachment (A), and Attachment (B), as attached and made part of this report. The Agreement will expire on October 31 , 2019, and is subject to two (2) mutually agreeable renewals. Each renewal is also subject to approval by City Council. Pursuant to the terms of the proposed Agreement, the monthly fee for each parking permit is set at $49 for each of the first two years of the Agreement and increases to $52 in the third year, $55 in the fourth year, and $58.50 in the final year of the Agreement Recommended Action: Authorize the City Manager to execute the Agreement which includes Attachment (A) and Attachment (B) between the City of Roanoke and Carilion Clinic Properties, LLC for a period of (5) years commencing on November 1 , 2014, through October 31 , 2019, substantially similar to the Agreement attached to this Council Report, with such Agreement to be approved by the City Attorney. Authorize the City Manager to take such further action and execute such additional documents as may be necessary to implement, administer, and enforce the Agreement, the form of any such documents or agreements to be approved by the City Attorney. 11 Christopher P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Deborah J. Moses, Parking Administrator ATTACHMENT #1 CARILION PARKING AGREEMENT This Parking Agreement ("Agreement") is dated , 2014, and is between the City of Roanoke, Virginia, a Virginia municipal corporation, ("City"), and Carilion Clinic Properties, LLC, a non-profit Virginia limited liability company("Carilion"). RECITALS: WHEREAS, Carilion has had a parking agreement with the City of Roanoke since 1998, which parking agreement will terminate October 31, 2014; WHEREAS, the City owns and operates a public parking system in downtown Roanoke under the name of PARK Roanoke, which provides parking permits to the public; WHEREAS, Carilion has requested to enter into another parking agreement with the City wherein the City would provide parking permits to Carilion in order to provide parking to Carilion; WHEREAS, Carilion has agreed to purchase a minimum of three hundred ten (310) parking permits in the Church Avenue Parking Garage located at 121 Church Avenue, S.W., Roanoke, Virginia ("Church Avenue Garage"); and WHEREAS, the City is agreeable to provide Carilion with a minimum of three hundred ten (310) unreserved parking permits based on the terms and provisions of this Agreement. NOW, THEREFORE, for and in consideration of the mutual promises, covenants, and conditions set forth herein, the parties agree that the above recitals are incorporated herein and made a part of this Agreement and they further agree as follows: SECTION 1. NO BAILMENT. This is an Agreement with respect to the purchase of parking permits and no bailment is created, intended, or implied by this Agreement. SECTION 2. GRANT OF PARKING PERMITS. The City hereby grants to Carilion the right to obtain and use a minimum of three hundred ten (310) unreserved parking permits ("Permits") for use in the Church Avenue Garage, during normal business days and hours. Such Permits will be provided for spaces designated by the City in the Church Avenue Garage based upon the terms and conditions of this Agreement and the terms of the Monthly Parking Permit Application as set forth in Attachment A to this Agreement or as such terms may be amended by the City. Carilion agrees and acknowledges that the Permits that it purchases under this Agreement do not provide any right or interest in any specific parking space within the garage for which the Permit is issued. Each of the Permits only provides the right to park a vehicle in the garage for which each of the Permits is issued. 1 ATTACHMENT #1 SECTION 3. PARKING PERMITS. A. The Permits in the Church Avenue Garage shall only be for use in the Church Avenue Garage. B. Each of the Permits shall be subject to all applicable rules and regulations as they appear in the Monthly Parking Permit Application ("Rules and Regulations"). The City and Carilion agree that the Rules and Regulations applicable to these Permits, or as amended by the City, are not unreasonable and City further agrees to make Carilion aware of the Rules and Regulations applicable to the Permits or any subsequent amendments to these Rules and Regulations during the term of this Agreement. Carilion agrees that it shall be responsible for the users' compliance with Rules and Regulations. The City and its Parking Management Company are not responsible for any items left in any vehicle or for any damage to the vehicle, and such other Rules and Regulations as may be applicable to other users of the Church Avenue Garage. Such Rules and Regulations are subject to being amended and/or changed by the City at the City's discretion. SECTION 4. TERM. The term of this Agreement shall be for a period of five (5) years, commencing on November 1, 2014, through October 31, 2019, unless sooner terminated as provided for in this Agreement or in accordance with the law. SECTION 5. COST OF PARKING PERMITS. A. During the term of this Agreement, Carilion agrees to purchase from the City a minimum of three hundred ten (310) Permits per month at the rates set forth in Attachment B as attached to this Agreement ("Rates"). The payment for these Permits shall be in conformity with the Rules and Regulations. Payment is due to the City or personnel serving under contract with the City by the fifth calendar day of each month and shall be paid in one check made payable to "Park Roanoke," P.O. Box 83, Roanoke, Virginia 24012 or at such other address and/or other payee as City may designate in writing to Carilion. Any past due payments shall be subject to a 5% penalty per month until the full amount is paid to the City, with any payments being applied first to any interest due. B. Carilion may desire to purchase Permits in excess of the three hundred ten (310) set forth in this Agreement. Such Permits may be purchased from the City subject to availability as determined by the City and in such City parking locations specified by the City at rates established in this Agreement and subject to all the terms of this Agreement. C. Carilion agrees to maintain a minimum number of three hundred ten (310) Permits as set forth in the Agreement. Carilion agrees to pay the City for 310 Permits even in the event that the number of Carilion parkers falls below the 310 minimum number of Permits required in this Agreement. 2 ATTACHMENT#1 D. During the term of this Agreement, the City agrees that no individual or entity seeking more than one hundred (100) parking permits in the Church Avenue Garage may be offered a monthly unreserved parking permit rate lower than that set out in this Agreement with Carilion. Permits sought and obtained in the Church Avenue Garage exclusively for use of residents living in dwelling units located in downtown Roanoke are excluded from this provision. SECTION 6. MATTERS BEYOND THE CONTROL OF THE CITY. The City shall have no liability of any type to Carilion, for any failure to provide parking spaces for any of the Permits it provides under this Agreement that may be due to causes beyond the City's control, including, but not limited to, accidents, acts of God, whether failure of equipment, strikes, lockouts, damage to the parking facility, or any orders or regulations of any federal, state, or local government body. SECTION 7. RENEWAL OF PARKING AGREEMENT. This Agreement may be renewed for up to two (2) additional five-year periods, subject solely to the mutual agreement of the parties. If either party wants to renew the Agreement that party shall give a written request to renew to the other party at least one hundred twenty (120) days prior to the expiration of the original term or the renewal term of the Agreement. The party receiving such request shall either accept or reject in writing such request within thirty (30) days of receipt of that request, provided, however, if the party receiving the request to renew fails to respond within thirty (30) days, the request to renew shall be deemed to be rejected, unless the parties mutually agree otherwise. The renewal shall be in effect only upon the mutual written agreement of the parties and approval by City Council. All terms and conditions shall remain in force for the term of this Agreement and for any renewal period unless modified by mutual agreement of both parties. SECTION 8. ASSIGNMENT. Carilion agrees that the Permits purchased under this Agreement are for Carilion's normal business activities and are not transferable or assignable to other entities or individuals by Carilion without the written consent of the City Manager. SECTION 9. DEFAULT BY CARILLON, REMEDIES. A. Each of the following shall constitute a default hereunder by Carilion (each of the following events is hereinafter referred to as "Default"): 1. The failure or refusal by Carilion to make any payment due to the City hereunder within thirty(30) days after written notice of nonpayment is given by the City to Carilion. 2. The failure or refusal by Carilion to perform any of its other covenants or obligations hereunder within sixty (60) days after written notice of nonperformance is given by the City 3 ATTACHMENT #1 to Carilion; provided, however, that if such failure to perform cannot reasonably be cured within sixty (60) days, Carilion shall not be in default if it commences within sixty (60) days steps reasonably calculated to cure the nonperformance and in good faith pursues those steps diligently and in good faith to completion. B. Upon the occurrence of a Default as set forth in Section 9 (A), the City may immediately terminate this Agreement by written notice to Carilion. In addition to this right to terminate this Agreement, the City may also in the event of a default by Carilion hereunder exercise any and all other rights and remedies available to the City at law or in equity, including without limitation the recovery of any and all monetary damages that the City has suffered as a result of such default. SECTION 10. LIMITATION OF LIABILITY OF THE CITY. In the event of any default, non-performance, or breach of any of the terms or conditions of this Agreement by the City, Carilion agrees that the City's liability hereunder shall be limited to a prorated repayment of monies paid by Carilion to the City or a deduction from any payment due from Carilion to the City for any Permits that are not able to be used due to such default, nonperformance, or breach for the period of time of such inability to use such Permits. SECTION 11. HOLD HARMLESS AND INDEMNITY. Carilion shall indemnify and hold harmless the City and its officers, agents, and employees against any and all liability, losses, damages, claims, causes of action, suits of any nature, costs, and expenses, including reasonable attorney's fees, resulting from or arising out of Carilion's or its employees, agents, or subcontractors actions, activities, or omissions, negligent or otherwise, on or near the City's property or arising in any way out of or resulting from any of the work or items to be provided under this Agreement, and this includes, without limitation, any fines or penalties, violations of federal, state, or local laws or regulations, personal injury, wrongful death, or property damage claims or suits. Carilion agrees to and shall protect, indemnify, and hold harmless all the parties referred to above from any and all demands for fees, claims, suits, actions, causes of action, settlement or judgments based on the alleged or actual infringement or violation of any copyright, trademark, patent, invention, article, arrangement, or other apparatus that may be used in the performance of this Agreement. SECTION 12. REPORTS AND RECORDS. The City agrees to maintain all books, records, and other documents relating to this Agreement in accordance with Code of Virginia § 42.1-85, the Library of Virginia records retention and disposition schedules, and the City's Records Management Policy. SECTION 13. NONWAIVER. Each party agrees that any party's waiver or failure to enforce or require performance of any term or condition of this Agreement or any party's waiver of any particular breach of this Agreement by the 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 Agreement or a waiver of any other 4 ATTACHMENT #1 breaches of this Agreement 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 the Agreement 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 Agreement or by law. SECTION 14. CHOICE OF LAW AND FORUM SELECTION. This Agreement shall be governed by, and construed in accordance with, the laws of the Commonwealth of Virginia, without application of Virginia's conflict of law provisions. Venue for any litigation, suits, and claims arising from or connected with this Agreement shall only be proper in the Roanoke City Circuit Court, or in the Roanoke City General District Court if the amount in controversy is within the jurisdictional limit of such court, and all parties to this Agreement voluntarily submit themselves to the jurisdiction and venue of such courts, regardless of the actual location of such parties. The provisions of this Agreement shall not be construed in favor of or against either party, but shall be construed according to their fair meaning as if both parties jointly prepared this Agreement. SECTION 15. SEVERABILITY. If any provision of this Agreement, or the application of any provision hereof to a particular entity or circumstance, shall be held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall not be affected and all other terms and conditions of this Agreement shall be valid and enforceable to the fullest extent permitted by law. SECTION 16. 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 17. SUCCESSORS AND ASSIGNS. The terms, conditions, provisions, and undertakings of this Agreement shall be binding upon and inure to the benefit of each of the parties hereto and their respective successors and assigns. SECTION 18. HEADINGS. The captions and headings in this Agreement are for convenience and reference purposes only and shall not affect in any way the meaning and interpretation of this Agreement. SECTION 19. COUNTERPART COPIES. This Agreement may be executed in any number of counterpart copies, each of which shall be deemed an original, but all of which together shall constitute a single instrument. 5 ATTACHMENT #1 SECTION 20. AUTHORITY TO SIGN. The persons who have executed this Agreement represent and warrant that they are duly authorized to execute this Agreement on behalf of the party for whom they are signing. SECTION 21. NOTICES. All notices must be given in writing and shall be considered validly given if sent by certified mail, return receipt requested, or by a nationally recognized overnight courier, with a receipt, addressed as follows (or any other address that the party to be notified may have designated to the sender by like notice): If to the City: City of Roanoke City Manager 364 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Facsimile: (540) 853-1138 With a copy to: Parking Coordinator for the City of Roanoke 106 Shenandoah Avenue Roanoke, VA 24016 Facsimile: (540) 853-8299 If to Carilion: Carilion Clinic Attn : Curtis Mills, Sr. Vice President for Facility Services and Property Management P.0,. Box 13727 Roanoke VA 24036-3726 Facsimile: With a copy to: Carilion Clinic Legal Department 213 Jefferson Street, Suite 1600 Roanoke VA 24011 Facsimile: 540-985-4948 Notices shall be deemed to be effective one day after sending if sent by overnight courier or three (3) days after sending it by certified mail, return receipt requested. SECTION 22. NONDISCRIMINATION. A. During the performance of this Agreement, Carillon agrees as follows: i. Carilion 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 6 ATTACHMENT #1 where there is a bona fide occupational qualification reasonably necessary to the normal operation of Carilion. Carilion agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause if Carilion desires to hire any employees. ii. Carilion in all solicitations or advertisements for employees placed by or on behalf of Carilion will state that Carilion is an equal opportunity employer. iii. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. B. Carilion will include the provisions of the foregoing Section A (i, ii, and iii) in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. SECTION 23. DRUG-FREE WORKPLACE. A. During the performance of this Agreement, Carilion agrees to (i) provide a drug-free workplace for Carilion's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of Carilion that Carilion maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. B. For the purposes of this section, "drug-free workplace" means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession, or use of any controlled substance or marijuana during the performance of the contract. SECTION 24. RELOCATION OF PARKING SPACES FROM THE CHURCH AVENUE GARAGE. If any construction, maintenance, repairs, other work, or other matters take place at the Church Avenue Garage that requires a temporary relocation of any of the spaces designated for the Permits provided to Carilion, the City may, on ten (10 ) days written notice (except in the case of an emergency in which no notice is required) to Carilion, temporarily relocate any of the designated spaces or may redesignate the parking spaces to be used by the Permits to another City owned and/or controlled Parking Facility until such construction and/or other work has been completed. Such relocation will be to another location in the Church Avenue Garage or to a City 7 ATTACHMENT#1 Parking Facility mutually agreeable to the City and Carilion, such agreement not to be unreasonably withheld. SECTION 25. RIGHTS CUMULATIVE. All rights, powers, and privileges conferred hereunder on the City to enforce this Agreement shall be cumulative, and not restricted to those given by law. SECTION 26. COMPLIANCE WITH LAWS AND REGULATIONS, AND IMMIGRATION LAW. Carilion agrees to and will comply with all applicable federal, state, and local laws, ordinances, and regulations, including, but not limited to all applicable licensing requirements, environmental regulations, and OSHA regulations. Carilion further agrees that Carilion does not, and shall not, during the performance of its Agreement, knowingly employ an unauthorized alien as defined in the Federal Immigration Reform & Control Act of 1986. SECTION 27. COMPLIANCE WITH STATE LAW, FOREIGN AND DOMESTIC BUSINESSES AUTHORIZED TO TRANSACT BUSINESS IN THE COMMONWEALTH OF VIRGINIA. Carilion shall comply with the provisions of Virginia Code Section 2.2-4311.2, as amended, which provides that a contractor organized as a stock or non-stock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 or as otherwise required by law. Carilion shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the contract or agreement. The City may void this Agreement if the Carilion fails to remain in compliance with the provisions of this section. SECTION 28. ENTIRE AGREEMENT. This Agreement, including any attachments, exhibits, and referenced documents, constitutes the complete understanding between the parties. This Agreement may be modified only by written agreement properly executed by the parties. SIGNATURE PAGE TO FOLLOW 8 ATTACHMENT #1 IN WITNESS WHEREOF, the parties hereto have signed this Agreement by their authorized representatives. WITNESS: CARILLON CLINIC PROPERTIES, LLC By Printed Name and Title Printed Name and Title (SEAL) WITNESS: CITY OF ROANOKE, VIRGINIA By Christopher P. Morrill, City Manager Printed Name and Title Approved as to form: City Attorney Approved as to Execution: City Attorney Authorized by Ordinance No. 9 PARK Roanoke P P.O. Box 83, Roanoke, VA 24002 117 Church Ave., SW, Roanoke, VA 24011 (540) 343-0585 • (540) 342-6447 FAX PARK Email: parking @parkroanoke.com ROANOKE www.PARKRoanoke.com MONTHLY PARKING PERMIT APPLICATION &AGREEMENT Start Date: Accountholder's Name: Social Security Number Driver's License tt: Daytime Telephone: Home Telephone: Billing Address: City: State: Zip Code: Email Address: Cellular Telephone: Parker's Name(If different from above name): Vehicle Make/Model/Color: License Plate: Vehicle Make/Model/Color: License Plate: Employer: Employer Telephone: PLEASE READ&INITIAL THE FOLLOWING TERMS,QUALIFICATIONS&CONDITIONS CAREFULLY For the purposes of this application and agreement,the terms accountholder, parker, patron, company, and person are interchangeable and have the same meaning as a person or entity. Further,the terms permit, hangtag, and key card are also interchangeable. Upon acceptance of this application and agreement, a permit for parking is established through the issuance of a hangtag or a key card. Payments are due and must be received by the 5th of every month. Accounts for which PARK Roanoke receives payment after the 5th of the month will be subject to a (5)%late fee per account. Failure to pay by the 15th of the month may cause key cards to be deactivated and a reactivation fee of$15.00 to apply. Checks returned for insufficient funds will be charged a $35.00 per return item fee. Application for each garage or lot is subject to availability and it is at PARK Roanoke's sole determination whether such permits are available for the requested garage or lot. If PARK Roanoke determines that permits are not available for a particular garage or lot location,then no permits will be issued for that garage or lot. If your parking permit or space is no longer needed, notify PARK Roanoke, in writing,by the 15"'of the month prior to the month that you no longer need parking. If written notice is not received by PARK Roanoke by the 15th of the preceding month,you will be liable for parking charges for the following month. If PARK Roanoke does not receive a written notice to cancel the permit, you will continue to be charged for monthly parking thereafter. Credit is not allowed and charges are not prorated for vacations, illnesses, early cancellations or other contingencies. Monthly permits are non-transferrable to another parker, resident or company. New parkers may be selected from a waiting list. PARK Roanoke reserves the right to terminate any or all monthly permits and key cards immediately for good and just cause and without incurring liability of any type to the undersigned parker. Rates are subject to change at any time by the posting of rates in the garage or on the lot or other means of notification. Revised 7/1/2013 Any vehicle parked in a PARK Roanoke garage or lot without a current hangtag displayed on the rear view mirror facing outward will be subject to towing,ticketing, or booting at the owners expense without notice. Garages with key card access where hangtags are not issued are exempt from this requirement. There is a$10.00 non-refundable charge for replacement of any lost, stolen or damaged hangtag or access key card. Only vehicles identified on this application for reserved parking are permitted to park in spaces designated as "reserved parking." All other vehicles parked in reserved spaces are subject to towing,ticketing,or booting at the owner's expense. Reserved parking spaces are valid only from 6:00 a.m.to 6:00 p.m. Monday through Friday, excluding holidays. Reserved space parkers must park in their designated reserved parking space from 6:00 a.m.to 6:00 p.m., Monday through Friday, excluding holidays. All violators are subject to towing,ticketing, or booting at the owner's expense. Unreserved monthly parking spaces are guaranteed to be available only from 6:00 a.m.to 6:00 p.m., Monday through Friday, excluding holidays. Monthly parkers are prohibited from parking in areas designated as"daily parking only.' All violators are subject to towing,ticketing, or booting at the owner's expense. Long term storage of vehicles is not permitted in any PARK Roanoke facility without express written permission from PARK Roanoke. Abandoned vehicles will be towed at the owner's expense.Vehicle maintenance, oil changes, car washing, etc. is expressly prohibited. Each permit is valid for one vehicle in the designated parking garage or lot, at a time. Sharing of access key cards and/or hangtags is strictly prohibited and will result in the suspension and/or revocation of parking privileges. PARK Roanoke, City of Roanoke, and Lancor Parking LLC,and their employees, agents,and representatives are not and shall not be responsible for any theft or damage to individuals, vehicles or property while in any garage or on any lot. No bailment of any type is hereby created. To reduce the chance of theft or damage, please place your personal items out of sight, lock your doors, and avoid parking in garages and/or lots alone after normal business hours. All parkers park at their own risk at all times and assume the risk of any injuries and damages. The undersigned parker understands that all PARK Roanoke and City owned garages and lots are"Non-Smoking." The undersigned parker agrees to be responsible for any towing charges for any vehicle covered by or using the parking permit or access key card. The undersigned parker further agrees to pay for any ticketing and/or booting charges that may be issued for any vehicles covered by the parking permit or access key card. Such ticketing, booting, and/or boot removal charges may be set by the City Manager from time to time. The PARK Roanoke manager shall enforce this Agreement in the City of Roanoke("City")owned and/or operated parking garages and lots. The City Manager may take such further actions and/or adopt policies and procedures to implement,administer, and enforce this Agreement. The undersigned parker agrees to comply with any such policies and procedures, a copy of which will be provided to the undersigned parker by regular mail or by email. I CERTIFY THAT I HAVE READ AND FULLY UNDERSTAND AND AGREE TO THE TERMS, QUALIFICATIONS AND CONDITIONS ABOVE AND TO PAY THE POSTED RATE. I HAVE BEEN GIVEN THE OPPORTUNITY TO ASK QUESTIONS AND TO HAVE THEM ANSWERED BY A PARK ROANOKE REPRESENTATIVE. Accountholder's Signature: Date: Parker's Signature(If different from above): Date: Witnessed or Received by: Date: Revised 7/1/2013 ATTACHMENT B CM 14-00130 Carilion Parking Agreement Cost of Parking Permits TIME PERIOD COST PER PARKING PERMIT PER MONTH November 1, 2014 through $49.00 October 31, 2015 November 1, 2015 through $49.00 October 31, 2016 November 1, 2016 through $52.00 October 31, 2017 November 1, 2017 through $55.00 October 31, 2018 November 1, 2018 through $58.50 October 31, 2019 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of October, 2014. No. 40073-102014. A RESOLUTION accepting the FY 2015 State Homeland Security Program Grant to the City from the Virginia Department of Emergency Management (VDEM), and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the FY 2015 State Homeland Security Program Grant offered by the Virginia Department of Emergency Management (VDEM) in the amount of$72,000, to be used to purchase National Institute of Justice (NIJ) complaint Level IV body armor for the Roanoke City Police Department Tactical Response Team. There is no matching fund requirement for this grant. The grant is more particularly described in the City Council Agenda Report dated October 20, 2014. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any necessary documents setting forth the conditions of the grant in a form approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. ATTEST: / • /�trit `T 4 City CI R-Homeland Security Program Grant-FY2015 10.20.14 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of October, 2014. No. 40074-102014. AN ORDINANCE appropriating funding from the United States Department of Homeland Security (DHS) through the Commonwealth of Virginia Department of Emergency Management (VDEM) for the purchase of heavy tactical response equipment, amending and reordaining certain sections of the 2014-2015 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 2014-2015 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Other Equipment 35-640-3802-9015 72,000 Revenues VDEM SHS Tactical Equipment FY15 35-640-3802-3802 72,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Cle CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: October 20, 2014 Subject: State Homeland Security FY15 Grant Award Background: The Virginia Department of Emergency Management (VDEM) is the distributing agency for State Homeland Security Program (SHSP) grant funding from the U. S. Department of Homeland Security (DHS) Federal Emergency Management Agency (FEMA). The purpose of the SHSP is to award grants to states to assist state and local governments in support of the implementation of Homeland Security Strategies to address the identified planning, organization, equipment, training, and exercise needs to prevent, protect against, mitigate, respond to, and recover from acts of terrorism and other catastrophic events. On October 7, 2014, VDEM awarded the City of Roanoke $72,000 through its FY 2014 SHSP grant program. The SHSP grant funding will allow the Roanoke Police Department to purchase National Institute of Justice (NU) compliant Level IV body armor for its Tactical Response Team. This body armor is an upgrade from current equipment capabilities and will increase officer safety in tactical situations. Recommended Action: Accept the State Homeland Security FY14 grant described above and authorize the City Manager to execute the grant agreement and any related documents; all such documents to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $72,000 and appropriate funding of the same amount in an account to be established by the Director of Finance in the Grant Fund. Christopher P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Christopher C. Perkins, Chief of Police Amelia C. Merchant, Director of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of October, 2014. No. 40075-102014. A RESOLUTION supporting an application and authorizing the City Manager to submit such application to the Virginia Department of Transportation(VDOT)for funds from VDOT's Revenue Sharing Program in the amount of$10,000,000 for FY2016 for certain projects;and authorizing the City Manager to take certain actions in connection with such projects. WHEREAS,the City of Roanoke desires to submit an application for an allocation of funds up to $10,000,000 for any funds provided by VDOT for the projects referred to in the City Council Agenda Report dated October 20,2014,and which will require the City to provide matching funds of $10,000,000. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Council hereby supports the application referred to herein and hereby authorizes the City Manager to submit such application to VDOT for funds from VDOT's Revenue Sharing Program for FY2016 in the amount of$10,000,000, as more fully set forth in the City Council Agenda Report dated October 20, 2014, for the following seven (7) Projects: a. Citywide Curb, Gutter, and Sidewalk (New Construction) $1,000,000. City Matching Funds $1,000,000. b. Franklin Road Bridge Replacement $3,000,000. City Matching Funds $3,000,000. c. Citywide Storm Drain Improvements $1,620,000. City Matching Funds $1,620,000. d. Orange Avenue/King Street Intersection Improvements $750,000. City Matching Funds $750,000. 1 e. Annual Citywide Street Paving Program (Resurfacing) $3,000,000. City Matching Funds $3,000,000. f. Citywide Bridge Maintenance $500,000. City Matching Funds $500,000. g. Citywide Sidewalk Maintenance $130,000. City Matching Funds $130,000. 2. The City Manager is further authorized to take such further actions and execute such further documents, approved as to form by the City Attorney, as may be necessary to submit the above application and to furnish such additional information as may be required for such application. ATTEST: City Clerk. Resolution-VDOT-Revenue Sharing-7 projects-Final 10.13.14.doc 2 . rte CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: October 20, 2014 Subject: Authorizing Request for VDOT Revenue Sharing Program Funds Background: The Virginia Department of Transportation's (VDOT) Revenue Sharing Program is again available to cities for FY 2016. This program provides additional funding for use by the City to construct or improve its infrastructure systems. The maximum amount made available to localities is $10 million for FY 2016. These funds are matching funds in the following percentages: (50% State/50% City). Considerations: For the FY 2016 application, the City will request $10,000,000 from VDOT, which will require a City match of $10,000,000. Staff identified seven projects for which to request VDOT revenue sharing program funds. These projects are: 1 . Citywide Curb, Gutter, and Sidewalk (New Construction) - $1 ,000,000. City match funding will be provided by using $1 ,000,000 from the City's planned FY 2016 capital project funds for Curb, Gutter, and Sidewalk (New Construction) through the planned issuance of bonds. 2. Franklin Road Bridge Replacement - $3,000,000. City match funding will be provided by using $3,000,000 from the City's planned FY 2016 capital project funds for the replacement of City bridges through the planned issuance of bonds. 3. Citywide Storm Drain Improvements - $1 ,620,000. City match funding will be provided by using $1 ,120,000 from the City's planned FY 2016 capital project funds for the Neighborhood Storm Drain Program through the planned issuance of bonds and $500,000 from the Stormwater Utility. 4. Orange Avenue/King Street Intersection Improvements - $750,000. City match funding will be provided by using $750,000 from the Economic and Community Development Reserve Fund. S. Annual Citywide Street Paving Program (Resurfacing) - $3,000,000. City match funding will be provided by using $3,000,000 from the City's planned FY 2016 general fund revenues for the Paving Program. 6. Citywide Bridge Maintenance - $500,000. City match funding will be provided by using $500,000 from the City's planned FY 2016 general fund revenues for Bridge Maintenance. 7. Citywide Sidewalk Maintenance - $130,000. City match funding will be provided by using $130,000 from the City's planned FY 2016 general fund revenues for Sidewalk Maintenance. Recommended Action: Authorize the City Manager to submit an application to VDOT for VDOT's Revenue Sharing Program requesting $10,000,000 for the above-listed projects. Authorize the City Manager to take such further actions and execute such documents, approved as to form by the City Attorney, as necessary to submit the above application and to furnish such additional information and/or documents as may be required for such application. Christopher P. Morrill City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Robert K. Bengtson, P.E., Director of Public Works Philip C. Schirmer, P.E., L.S., City Engineer Mark D. Jamison, P.E., PTOE, Transportation Division Manager Wayne Bowers, Director of Economic Development Dwayne D'Ardenne, Stormwater Manager 2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of October, 2014. No. 40076-102014. A RESOLUTION authorizing the acceptance of additional Virginia Department of Transportation (VDOT) Federal Transportation Enhancement (FTE) funds for Phase II of the Roanoke River "Bridge the Gap" Greenway Project; authorizing the City Manager to execute a VDOT Standard Project Administration Agreement and Appendix A; and authorizing the City Manager to take such further actions and execute such further documents as may be necessary to obtain,accept,implement,administer,and use the funds for Phase II of the Roanoke River Greenway Project. WHEREAS,the City of Roanoke and VDOT entered into a Standard Project Administration Agreement dated September 21, 2012, which provided funding for various projects, one of which was the Roanoke River"Bridge the Gap" Greenway Project (the "Project"); WHEREAS, the Project has been divided into two phases, with Phase I incorporating the design and construction of the greenway from Aerial Way Drive to the Salem city limits and Phase II incorporating the design and construction of the greenway from Bridge Street to Aerial Way Drive; WHEREAS,to formally separate the two phases of the Project,VDOT has provided the City a VDOT Standard Project Administration Agreement and Appendix A ("Agreement") specifically for Phase II; and WHEREAS, the proposed Agreement shows the project funding, including the additional $665,443 in Federal Transportation Enhancement(FTE)funds and the required local match from the R-Add'I VDOT Greenway funds 10.13.14.doc 1 City in the amount of$166,361. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the additional VDOT Federal Transportation Enhancement(FTE)funds in the amount of$665,443,which requires an additional$166,361 in City funds to meet the required local match, for the Project, all as more particularly set forth in the City Council Agenda Report dated October 20, 2014. 2. The City Manager is hereby authorized to execute the above mentioned Agreement for the Project. Such Agreement shall be substantially similar to the one attached to the Agenda Report referred to above and shall be in a form approved by the City Attorney. 3. The City Manager is further authorized to take such further actions and execute such further documents as may be necessary to obtain, accept,implement, administer,and use the above funds for the above referenced Project, any such additional documents to be approved as to form by the City Attorney. ATTEST: aL)51\ • City Cler . R-Add9 VDOT Greenway funds 10.13.14.doc 2 ` ‘\671)) IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of October, 2014. No. 40077-102014. AN ORDINANCE to appropriate funding from Virginia Department of Transportation Federal Transportation Enhancement Funds and transfer funding from the Comprehensive Greenway Trail project to the Roanoke River Greenway Bridge the Gap project, amending and reordaining certain sections of the 2014-2015 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 2014-2015 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Capital Projects Fund Appropriations Appropriated from General Revenue 08-300-9201-9003 $ 166,361 Appropriated from State Grants 08-300-9201-9007 655,433 Appropriated from General Revenue 08-300-9753-9003 ( 166,361 ) Revenues VDOT FTE — Roanoke River Greenway Bridge the Gap 08-620-9201-9206 655,443 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Cle k. Ct--Wr44d- a j CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: October 20, 2014 Subject: Acceptance and Appropriation of Virginia Department of Transportation (VDOT) Federal Transportation Enhancement Funds and Authorization to Execute a VDOT Agreement for the Roanoke River "Bridge the Gap" Greenway Project Background: The City of Roanoke and VDOT entered into a Standard Project Administration Agreement dated September 21 , 2012, which provided funding for various projects, one of which was the Roanoke River "Bridge the Gap" Greenway Project. The funding provided was for design and construction of the Roanoke River Greenway connection between Roanoke and the City of Salem. Under the original Agreement, the Project received $900,000 in FY 2014 Revenue Sharing Funds. In FY 201 5, VDOT provided an allocation of an additional $600,000 in Revenue Sharing Funds and $2,863,800 in Regional Surface Transportation Program (RSTP) funds for a total of $4,363,800 in VDOT funds being provided for the "Bridge the Gap" Project. With the required match funds from the City in the amount of $1 ,500,000, the total Project cost was $5,863,800. The Project has been divided into two phases. Phase I incorporates the design and construction of the Greenway from Aerial Way Drive to the Salem city limits and Phase II incorporates the design and construction of the Greenway from Bridge Street to Aerial Way Drive. Considerations: City staff has been notified that VDOT has awarded the City additional funding for Phase II of the Roanoke River "Bridge the Gap" Greenway project with an allocation of $665,443 in Federal Transportation Enhancement (FTE) funds. FTE funds will require a 20% match from the City, or $166,361 . To formally separate the two phases of the Project, VDOT has provided the City a VDOT Standard Project Administration Agreement and Appendix A specifically for Phase II, a copy of which is attached to this report, showing the project funding, including the $665,443 in FTE funds and the required local match from the City in the amount of $166,361 . City Council approval is needed to accept the FTE funds, authorize the above mentioned Agreement and Appendix A with VDOT, and appropriate the subject funds to the appropriate account. Funding, in the amount of $166,361 needed to meet the required 20% local match from the City, is available in account 08-620-9753, Comprehensive Greenway Trail. Recommended Action: Accept the additional award of Federal Transportation Enhancement program funds from VDOT in the amount of $665,443, which requires $166,361 in City funds to meet the 20% required local match as mentioned above and appropriate such funds as set forth below. Authorize the City Manager to execute the Agreement and Appendix A with VDOT as mentioned above for the Roanoke River "Bridge the Gap" Greenway Project, Phase II. Such Agreement and Appendix A shall be substantially similar to the one attached to this report and shall be in a form approved by the City Attorney. Authorize the City Manager to take such further actions and execute such further documents as may be necessary to obtain, accept, implement, administer, and use the above funds for the above referenced Project, the form of any such documents or agreements to be approved by the City Attorney. Adopt the accompanying Budget Ordinance to: 1 . Increase the revenue estimate for the above mentioned VDOT funds by $665,443 for the Roanoke River "Bridge the Gap" Greenway Project and appropriate funding in the same amount to expenditure account 08-620- 9201 , Roanoke River Greenway - Bridge the Gap. 2. Transfer $166,361 in City funds to meet the required 20% local match funding as set forth above from account 08-620-9753, Comprehensive Greenway Trail, to project expenditure account 08-620-9201 , Roanoke River Greenway - Bridge the Gap. / / Christopher P. Morrill City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Robert K. Bengtson, P.E., Director of Public Works Philip C. Schirmer, P.E., L.S., City Engineer Stephen C. Buschor, Director of Parks & Recreation 2 STANDARD PROJECT ADMINISTRATION AGREEMENT Federal-aid Projects Project Number UPC Local Government 0000-128.352. P101 P2011.454, 105439 City of Roanoke THIS AGREEMENT, made and executed in triplicate this day of , 2014, by and between the City of Roanoke, Virginia hereinafter referred to as the LOCALITY and the Commonwealth of Virginia, Department of Transportation, hereinafter referred to as the DEPARTMENT. WHEREAS, the LOCALITY has expressed its desire to administer the work described in Appendix A, and such work for each improvement shown is hereinafter referred to as the Project; and WHEREAS, the funds shown in Appendix A have been allocated to finance each Project; and WHEREAS, the LOCALITY is committed to the development and delivery of each Project described in Appendix A in an expeditious manner; and; WHEREAS, both parties have concurred in the LOCALITY's administration of the phase(s) of work for the respective Project(s) listed in Appendix A in accordance with applicable federal, state, and local law and regulations. NOW THEREFORE, in consideration of the mutual premises contained herein, the parties hereto agree as follows: L The LOCALITY shall: a. Be responsible for all activities necessary to complete the noted phase(s) of each Project shown in Appendix A, except for activities, decisions, and approvals which are the responsibility of the DEPARTMENT, as required by federal or state laws and regulations or as otherwise agreed to, in writing, between the parties. Each Project will be designed and constructed to meet or exceed current American Association of State Highway and Transportation Officials standards or supplementary standards approved by the DEPARTMENT b. Meet all funding obligation and expenditure timeline requirements in accordance with all applicable federal and state laws and regulations, and Commonwealth Transportation Board and DEPARTMENT policies and as identified in Appendix A to this Agreement. Noncompliance with this requirement can result in deallocation of the funding, rescinding of state funding match, termination of this Agreement, or DEPARTMENT denial of future requests to administer projects by the LOCALITY. City of Roanoke Project#U000-128-352 UPC #105439 c. Receive prior written authorization from the DEPARTMENT to proceed with preliminary engineering, right-of-way acquisition and utility relocation, and construction phases of each Project. d. Administer the project(s) in accordance with guidelines applicable to Locally Administered Projects as published by the DEPARTMENT. e. Maintain accurate and complete records of each Project's development and documentation of all expenditures and make such information available for inspection or auditing by the DEPARTMENT. Records and documentation for items for which reimbursement will be requested shall be maintained for no less than three (3) years following acceptance of the final voucher on each Project. f. No more frequently than monthly, submit invoices with supporting documentation to the DEPARTMENT in the form prescribed by the DEPARTMENT. The supporting documentation shall include copies of related vendor invoices paid by the LOCALITY and an up-to-date project summary and schedule tracking payment requests and adjustments. A request for reimbursement shall be made within 90 days after any eligible project expenses are incurred by the Locality. For federally funded projects and pursuant to the Code of Federal Regulations, Title 49, Section 18.43, violations of the provision may result in the imposition of sanctions including but not limited to possible denial or delay of payment of all or a part of the costs associated with the activity or action not in compliance. g. Reimburse the DEPARTMENT all Project expenses incurred by the DEPARTMENT if, due to action or inaction solely by the LOCALITY, federally funded Project expenditures incurred are not reimbursed by the Federal Highway Administration (FHWA), or reimbursements are required to be returned to the FHWA, or in the event the reimbursement provisions of Section 33.1-44 or Section 33.1-70.01 of the Code of Virginia, 1950, as amended, or other applicable provisions of federal, state, or local law or regulations require such reimbursement. h. On Projects that the LOCALITY is providing the required match to state or federal funds, pay the DEPARTMENT the LOCALITY's match for eligible Project expenses incurred by the DEPARTMENT in the performance of activities set forth in paragraph 2.a. i. Administer the Project in accordance with all applicable federal, state, or local laws and regulations. Failure to fulfill legal obligations associated with the project may result in forfeiture of federal or state-aid reimbursements j. Provide certification by a LOCALITY official that all LOCALITY administered Project activities have been performed in accordance with all OAG Approved 6/18/2012 2 City of Roanoke Project#U000-128-352 UPC#105439 federal, state, and local laws and regulations. If the locality expends over S500,000 annually in federal finding, such certification shall include a copy of the LOCALITY's single program audit in accordance with Office of Management and Budget Circular A-133. k. If legal services other than that provided by staff counsel are required in connection with condemnation proceedings associated with the acquisition of Right-of-Way, the LOCALITY will consult with DEPARTMENT to obtain an attorney from the list of outside counsel approved by the Office of the Attorney General. Costs associated with outside counsel services shall be reimbursable expenses of the project. I. For Projects on facilities not maintained by the DEPARTMENT, provide, or have others provide, maintenance of the Project upon completion, unless otherwise agreed to by the DEPARTMENT. m. Ensure compliance with the provisions of Title VI of the Civil Rights Act of 1964, regulations of the United States Department of Transportation (USDOT), Presidential Executive Orders and the Code of Virginia relative to nondiscrimination. The DEPARTMENT shall: a. Perform any actions and provide any decisions and approvals which are the responsibility of the DEPARTMENT, as required by federal and state laws and regulations or as otherwise agreed to, in writing, between the parties and provide necessary coordination with the FHWA as determined to be necessary by the DEPARTMENT. b. Upon receipt of the LOCALITY's invoices pursuant to paragraphl.f., reimburse the LOCALITY the cost of eligible Project expenses, as described in Appendix A. Such reimbursements shall be payable by the DEPARTMENT within 30 days of an acceptable submission by the LOCALITY. c. If appropriate, submit invoices to the LOCALITY for the LOCALITY's share of eligible project expenses incurred by the DEPARTMENT in the performance of activities pursuant to paragraph 2.a. d. Audit the LOCALITY's Project records and documentation as may be required to verify LOCALITY compliance with federal and state laws and regulations. e. Make available to the LOCALITY guidelines to assist the parties in carrying out responsibilities under this Agreement. 0AG Approved 6/18/2012 3 City of Roanoke Project/I U000-128-352 UPC#105439 3. Appendix A identifies the funding sources for the project, phases of work to be administered by the LOCALITY, and additional project-specific requirements agreed to by the parties. There may be additional elements that, once identified, shall be addressed by the parties hereto in writing, which may require an amendment to this Agreement. 4. If designated by the DEPARTMENT, the LOCALITY is authorized to act as the DEPARTMENT's agent for the purpose of conducting survey work pursuant to Section 33.1-94 of the Code of Virginia, 1950, as amended. 5. Nothing in this Agreement shall obligate the parties hereto to expend or provide any funds in excess of funds agreed upon in this Agreement or as shall have been included in an annual or other lawful appropriation. In the event the cost of a Project is anticipated to exceed the allocation shown for such respective Project on Appendix A, both parties agree to cooperate in providing additional funding for the Project or to terminate the Project before its costs exceed the allocated amount, however the DEPARTMENT and the LOCALITY shall not be obligated to provide additional funds beyond those appropriated pursuant to an annual or other lawful appropriation. 6. Nothing in this Agreement shall be construed as a waiver of the LOCALITY's or the Commonwealth of Virginia's sovereign immunity. 7. The Parties mutually agree and acknowledge, in entering this Agreement, that the individuals acting on behalf of the Parties are acting within the scope of their official authority and the Parties agree that neither Party will bring a suit or assert a claim against any official, officer, or employee of either party, in their individual or personal capacity for a breach or violation of the terms of this Agreement or to otherwise enforce the terms and conditions of this Agreement The foregoing notwithstanding, nothing in this subparagraph shall prevent the enforcement of the terms and conditions of this Agreement by or against either Party in a competent court of law. 8. The Parties mutually agree that no provision of this Agreement shall create in the public,or in any person or entity other than the Parties, rights as a third party beneficiary hereunder, or authorize any person or entity, not a party hereto, to maintain any action for, without limitation, personal injury, property damage, breach of contract, or return of money, or property, deposit(s), cancellation or forfeiture of bonds, financial instruments, pursuant to the terms of this Agreement or otherwise. Notwithstanding any other provision of this Agreement to the contrary, unless otherwise provided, the Parties agree that the LOCALITY or the DEPARTMENT shall not be bound by any agreements between either party and other persons or entities concerning any matter which is the subject of this Agreement, unless and until the LOCALITY or the DEPARTMENT has, in writing, receive a true copy of such agreement(s) and has affirmatively agreed, in writing, to be bound by such Agreement. OAG Approved 6/18/2012 4 City of Roanoke Project#U000-128-352 UPC tx105439 9 This Agreement may be terminated by either party upon 30 days advance written notice. Eligible Project expenses incurred through the date of termination shall be reimbursed in accordance with paragraphs 1.f, 1.g., and 2.b, subject to the limitations established in this Agreement and Appendix A. Upon termination, the DEPARTMENT shall retain ownership of plans, specifications, and right of way, unless all state and federal funds provided for the Project have been reimbursed to the DEPARTMENT by the LOCALITY, in which case the LOCALITY will have ownership of the plans, specifications, and right of way, unless otherwise mutually agreed upon in writing. 10. Prior to any action pursuant to paragraphs l.b or l.g of this Agreement, the DEPARTMENT shall provide notice to the LOCALITY with a specific description of the breach of agreement provisions. Upon receipt of a notice of breach, the LOCALITY will be provided the opportunity to cure such breach or to provide a plan to cure to the satisfaction to the DEPARTMENT. If, within sixty (60) days after receipt of the written notice of breach, the LOCALITY has neither cured the breach, nor is diligently pursuing a cure of the breach to the satisfaction of the DEPARTMENT, then upon receipt by the LOCALITY of a written notice from the DEPARTMENT stating that the breach has neither been cured, nor is the LOCALITY diligently pursuing a cure, the DEPARTMENT may exercise any remedies it may have under this Agreement. THE LOCALITY and DEPARTMENT acknowledge and agree that this Agreement has been prepared jointly by the parties and shall be construed simply and in accordance with its fair meaning and not strictly for or against any party. THIS AGREEMENT, when properly executed, shall be binding upon both parties, their successors, and assigns. THIS AGREEMENT may be modified in writing by mutual agreement of both parties. OAG Approved 6:1812012 5 City of Roanoke Project#U000-128-352 UPC#105439 IN WITNESS WHEREOF, each party hereto has caused this Agreement to be executed as of the day, month, and year first herein written. CITY OF ROANOKE, VIRGINIA: Typed or printed name of signatory Date Title Signature of Witness Date NOTE: The official signing for the LOCALITY must attach a certified copy of his or her authority to execute this Agreement. COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION: Chief of Policy Date Commonwealth of Virginia Department of Transportation Signature of Witness Date Attachments Appendix A - UPC 105439 OAG Approved 6/18/2012 6 Locally Adminstered Appx A Dale 91W2014 Project Number. U000-128-352 _ UPC 105439 Locality: City of Roanoke Project Location ZIP+4: 24011.1520 Locality DUNS# 006704316 Locality Address(ind ZIP+4): I215 Church Avenue SW,Roanoke,VA 24011 Project Narrative �Sm°e Design and construction of section of the Roanoke River Greenway from Bridge Street to Aerial Way Drive (From: Bridge Street 'To. Aerial Way Drive ' Locality Project Manager Contact Info. Priscilla Cygielnik 540-9533035 Department Project Coordinator Contact Info Cheryl Becker _ r Project Estimates Preliminary Engineenng Right of Way and Utilities Construction i Total Estimated Cost Estimated Locality Project Expenses 5590.000 199.000 16.901.000 57.590.000 Estimated VDOT Project Expenses 110.000 51,000 $4,000 515.000 Estimated Total Project Costs 1600.000 5100.000 56.905 900 $7,605,000 Protect Cost and Reimbursement Maximum Reimbursement stmared Reimbursement to Phase Estimated Project Costs Local Share Amount (Estimated Cost-Leal Lburse l Funds type Local%PaniopaUOn for (Max.Reimbursement-Est; (Camsa Sr rn d down boil Funds Type Share) VDOT Ex, -_ ',. Preliminary Englneenng S600.000 RSTP 0% SD $600,000 SO S4 S0 SO SO 10 Total PE 5600.000 S0 $600,000 $590,090 'Right of Way&Utilities S100.000 RSTP 0% SO 5100.000 SO 5O Total RW 5100.000 S0 $100,000 599.000 i Construction S2,163.800 RSTP 0% S0 52,163,800 $831.804 EWTrens Alternatives 20% $166 361 5665.443 13,909.396 Local Funds 100% 53 909,396 10 SO SO Total CN 16,905.000 54075,757 $2,629,243 $2,825,243 'total Estimated Coat 57,605.000 54075.757 53.529,243 $3,514,243 Total Mmlmum Reimbursement by VDOT to Locality(less Local Sham) 53.529,2434 Estimated Total Reimbursement by VDOT to LocalityjLess Local Share and VOOT Expenses) 53 514.24 Project Financing li Aggregate Allocations RSTP State Match ENITranaportation EWTAP Local Match (A+B+C+D+E+F) RSTP Federal (BO%) (20%) Alternatives(S0%) (20%) Local Funds(100%) 52,291,040 5572.760 _5665,443 5166.361 53.909.396 57.605.000 _. __.. ___-. Program and project Specific Funding Requirements t •This project shall be administered in accordance with VDOTs l orally Administered Protects Manual and Transoortation Altemeliv s Proorem Guide •In accordance with Chapter 12 1 3(Soaping Process Requirements)of the LAP Manua the Coca ty shel comp ate project sapping on or before Apra 1 2015 The Locality win continue to operate and maintain the bony as constructed Should the de s go features of the project be altered by IM Locally subsequent to project comp'elint without approval •f the Department,the locality inherently agrees by execution of this agreement,to make restitution either physical},or monetarily as required by the Department. This s a Ions led funds protect The Lora ty shall be responsible for any additional funding to excess of 13529343 , • This project is funded with federal-aid Regional Surface Transportation Program(RSTP!funds These funds must be obligated within 12 months of allocation and expended within 36 months zf he obligation FY14 S2863800 A ocaton by the CTB Expenditure deadline 6/302011 • 10(1%of el Bible VDOT project expenses when using Transportation Alternatives fund ng wi'i be rec:vered as lo.ows. 20%will be deducted from reimbursement requests. 80%will be deducted from me ledera Transportation Alternatives allocation amount •My ineligible items dentified throughout project development wit not be reimbursable •VDOT Will assist with the Env ronmentai Document preparation at the request of the protect sponsor My stateaederal water quality pennd remain the iesponsibility of protect sponsor • In accordance with CTS paary,the project roust be cmp eted and the 3665,443 Transportation Enhancement/Alternatives allocation expended by October 1 2016 or the valeta may be subject to i•e-a :cation I• Total project allocations: $7,605,000 Authonzed Locality Off^_al end date Authonied VOOT Offoal Recommendation and Data Typed or printed name of person signing Typed or potted name of person signing ` ..-1 `a , CITY OF ROANOKE j OFFICE OF THE CITY CLERK w . 215 Church Avenue, S.W., Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 5"I'EPDANIE M.MOON REYNOLDS,MMC E-mail: clerkaoroanokeva.gov JONATI AN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIAT.WEBB,CMC Assistant City Clerk October 21, 2014 Jeffry L. Sanders, President Roanoke Chapter, National Railway Historical Society P. O. Box 13222 Roanoke, Virginia 24032-3222 Dear Mr. Sanders: I am enclosing copy of Resolution No. 40078-102014 supporting and authorizing the City's application for additional funding from the Commonwealth of Virginia Department of Transportation, Transportation Alternatives Program funding for the Roanoke Chapter National Railway Historical Society for the restoration and renovation of the Virginian Railway Passenger Station; authorizing the City Manager to execute the required applications and take any other actions to respond to any inquiries or provide supplemental information; and authorizing the City Manager to execute such other documents and to take such further actions as may be necessary to apply for such additional funds. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 20, 2014. Sincerely, S t phanie M.M. olds MC City Clerk Enclosure pc: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of October, 2014. No. 40078-102014. A RESOLUTION supporting and authorizing the City's application for an additional funding from the Commonwealth of Virginia Department of Transportation Transporation Alternatives Program funding for the Roanoke Chapter National Railway Historical Society for the restoration and renovation of the Virginian Railway Passenger Station; authorizing the City Manager to execute the required applications and take any other actions to respond to any inquiries or provide supplemental information; and authorizing the City Manager to execute such other documents and to take such further actions as may be necessary to apply for such additional funds. WHEREAS, in accordance with the Commonwealth Transportation Board construction allocation procedures, it is necessary that the City of Roanoke, Virginia (City) adopt a resolution requesting the Commnonwealth of Virginia Department of Transportation (VDOT) to establish a Transportation Alternatives project within the City, and by Resolution No. 36411-061603, the City endorsed the Commonwealth Transportation Board establishment of a project for the restoration of the Virginian Railway Passenger Station (Project); WHEREAS, the Roanoke Chapter National Railway Historical Society (RCNRHS) has been awarded a total of $895,000 in Transportation Enhancement Grant funds (now known as the Transportation Alternatives Program finding) for the renovation of the Project which Project is in two (2) phases, with Phase 1 of the Project completed, and by Resolution No. 39588- 020413, the City ratified its continued support for the Project; WHEREAS, by Resolution No. 36411-061603, the City agreed to serve as the new Project sponsor for the Project, together with other terms and provisions as set forth in Resolution No. 36411-061603; and WHEREAS, RCNRHS is seeking additional Transportation Alternatives Program funds in the amount of$246,000 to complete Phase 2 of the Project, which additional funds require a 20% match and such match to be provided through donations to RCNRHS and the Virginian Station fund. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City hereby expresses the City's continued support for the Project and supports the City's application to VDOT for additional funding in the amount of$246,000 from the Transportation Alternatives Program funds to support the Project as further and more fully described in the City Council Agenda Report dated October 20, 2014, which additional funding requires a local match of 20% and which local match shall be provided through donations to RCNPHS and the Virginian Station fund. 2. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, for and on behalf of the City, any and all requisite documents pertaining to the City's application to VDOT for the additional funding from the Transportation Alternative Program funds, approved as to form by the City Attorney, and to take any other actions to respond to any inquiries or provide supplemental information. 3. The City Clerk is directed to forward a copy of this Resolution to the appropriate officials at the RCNRHS and to any other entity as may be requested by the RCNRHS. ATTEST: °Ix* City Clerk . CITY COUNCIL AGENDA REPORT • To: Honorable Mayor and Members of City Council Meeting: October 20, 2014 Subject: Virginian Railway Passenger Station VDOT Project EN05-128-325, UPC 103592 Background: The Roanoke Chapter, National Railway Historical Society (RCNRHS) has been awarded a total of $859,000 in Transportation Enhancement Grant funds for the renovation of the Virginian Railway Passenger Station Project. Phase 1 of the renovation is complete. The RCNRHS recently accepted bids for completion of Phase 2, the final phase of the project. Considerations: Four bids were received and the low bid was approximately 10 percent higher than the construction estimate. The bid package also included four alternate bid items for a stone monument sign, a concrete bench, additional site parking, and ticket office cabinetry. Additional funding in the amount of $246,000 is desired to best ensure that RCNRHS can complete the Project, including the alternate bid items. Transportation Alternatives program funding requires a 20% match. Funding for the match will be provided through donations to the RCNRHS and the Virginian Station fund. No city funds are expected to be required. Program guidelines require a resolution of support for projects when applicants are requesting additional funds. Recommended Action: Reaffirm the City's support for the Project and authorize the City Manager to submit an application to the Virginia Department of Transportation requesting additional Transportation Alternatives program funding for the Project and authorize the City Manager to provide additional information, to take any necessary actions, and to execute any additional documents needed for such application, with any such documents being approved as to form by the City Attorney. / ristopher P. Morrill City Manager Distribution: Council Appointed Officers Mark D. Jamison, P.E., Manager of Transportation lox ro r. -� 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 tiFI{PIIANII?M.MOON REYNOLDS,MAI(' L mail: elerk(roroanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant City Clerk October 21, 2014 Cindy H. Poulton, Clerk Roanoke City School Board Roanoke, Virginia Dear Ms. Poulton: I am enclosing copy of Budget Ordinance No. 40079-102014 to appropriate funding from the Federal and Commonwealth government grants for various educational programs, amending and reordaining certain sections of the 2014 - 2015 School Grant Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 20, 2014, and is in full force and effect upon its passage. Sincerely, 1tt e , ,Vv1 x 4o-n Stephanie M. Moon R olds, MC City Clerk Enclosure pc: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools ;; IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of October, 2014. No. 40079-102014. AN ORDINANCE to appropriate funding from the Federal and Commonwealth government grants for various educational programs, amending and reordaining certain sections of the 2014-2015 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 2014- 2015 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Food Services Personnel 302 - 320 -0000 -0420 -168J -65100 -41182 -2 -00 $1,055.36 Food 302- 320 -0000 -0420 -1883 -65100 -46602 -2 -00 20,414.06 Food Service Supplies 302- 320 -0000 -0420 -168J -65100 -46603 -2 -00 498.80 Equipment 302- 320 -0000 -0420 -168J -65100 -48821 -2 -00 1,585.00 Food Services Personnel 302 - 320 -0000 -0050 -168J -65100 -41182 -2 -00 1,055.38 Food 302 - 320 -0000 -0050 -168J -65100 -46602 -2 -00 38,316.57 Food Service Supplies 302 - 320 -0000 -0050 -168J -65100 -46603 -2 -00 737.80 Equipment 302 - 320 -0000 -0050 -168J -65100 - 48821 -2 -00 1,505.00 Food Services Personnel 302 - 320 -0000 -0340 -168J -65100 -41182 -2 -00 130.56 Food 302 - 320 -0000 -0340 -168J -65100 -46602 -2 -00 15,971.58 Food Service Supplies 302 - 320 -0000 -0340 -168J -65100 -46603 -2 -00 323.90 Equipment 302- 320 -0000 -0340 -168J -65100 -48821 -2 -00 1,285.00 Teachers 302- 110 -1102 -0210 -158J -61100 -41121 -3 -05 42,240.00 Program Coordinator/Site 302 - 110 -1102 -0210 -158J -61100 -41124 -3 -05 33,627.00 Activity Assistants 302- 110 - 1102 -0210 -158J -61100 -41141 -3 -05 44,880.00 Retiree Health 302- 110 -1102 -0210 -158J -61100 -42200 -3 -05 16.00 Social Security 302 - 110-1102 -0210 -158J -61100 -42201 -3 - 05 7,159.00 VRS 302 - 110 - 1102 -0210 -158J -61100 -42202 -3 -05 166.00 Medical/Dental 302 - 110 - 1102 -0210 -158J -61100 -42204 -3 -05 873.00 Group Life 302- 110 -1102 -0210 -158J -61100 -42205 -3 -05 8.00 Contracted Services 302 - 110 - 1102 -0210 -158J -61100 -43313 -3 -05 22,200.00 Travel-Mileage 302 - 110 - 1102 -0210 -158J -61100 -45551 -3 -05 492.00 Travel-Fares 302 - 110 - 1102 -0210 -158J -61100 -45552 -3 -05 750.00 Travel-Meals&Lodging 302 - 110 -1102 -0210 -1584 -61100 -45553 -3 -05 1,235.00 Pupil Transportation 302 - 110 - 1102 -0210 -158J -63200 -43343 -3 -05 28,500.00 Supplies 302 - 110 - 1102 -0210 -158J -61100 -46614 -3 -05 12.500.00 Teachers 302 - 110 -1102 -0280 -139J -61100 -41121 -3 -05 42,960.00 Program Coordinator/Site 302 - 110 - 1102 -0280 -1393 -61100 -41124 -3 -05 33,627.00 Activity Assistants 302 - 110 -1102 -0280 -139J -61100 -41141 -3 -05 29,920.00 Retiree Health 302 - 110 - 1102 -0280 -139J -61100 -42200 -3 - 05 16.00 Social Security 302 - 110 - 1102 -0280 -139J -61100 -42201 -3 -05 7,159.00 VRS 302 - 110 -1102 -0280 -139J -61100 -42202 -3 -05 166.00 Medical/Dental 302 - 110 -1102 -0280 -139J -61100 -42204 -3 -05 873.00 Group Life 302 - 110 - 1102 -0280 -139J -61100 -42205 -3 -05 8,00 Contracted Services 302 - 110 -1102 -0280 -139J -61100 -43313 -3 -05 37,310.00 Travel-Mileage 302 - 110 - 1102 -0280 -139J -61100 -45551 -3 -05 492.00 Travel-Fares 302 - 110 -1102 -0280 -139J -61100 -45552 -3 -05 750.00 Travel-Meals&Lodging 302 - 110 - 1102 -0280 -139J -61100 -45553 -3 -05 1,235.00 Pupil Transportation 302 - 110 - 1102 -0280 -139J -63200 -43343 -3 -05 28,500.00 Supplies 302 - 110 - 1102 -0280 -1393 -61100 -46614 - 3 -05 13,500.00 Teachers 302 • 110 - 1102 -0340 •1493 -61100 -41121 -3 -05 36,432.00 Program Coordinator/Site 302 - 110 -1102 -0340 -1493 -61100 -41124 -3 -05 33,627.00 Activity Assistants 302 - 110 - 1102 -0340 -149J -61100 •41141 -3 -05 51,408.00 Retiree Health 302 - 110 - 1102 -0340 -149J -61100 -42200 -3 -05 16.00 Social Security 302 - 110 - 1102 -0340 -149J -61100 -42201 -3 -05 7,159.00 VRS 302 - 110 -1102 -0340 -149J -61100 -42202 -3 -05 166.00 Medical/Dental 302 - 110 -1102 -0340 -149J -61100 -42204 -3 -05 873.00 Group Life 302 - 110 - 1102 -0340 -149J -61100 -42205 -3 -05 8.00 Contracted Services 302 - 110 -1102 -0340 -149J -61100 -43313 -3 -05 24,000.00 Travel-Mileage 302 - 110 - 1102 -0340 -149J -61100 -45551 -3 -05 492.00 Travel-Fares 302 - 110 - 1102 -0340 -149J -61100 -45552 -3 -05 750 00 Travel-Meals&Lodging 302 - 110 -1102 -0340 -149J -61100 -45553 -3 -05 1,235.00 Pupil Transportation 302 - 110 -1102 -0340 -149J -63200 -43343 -3 -05 28,500.00 Supplies 302 - 110 -1102 -0340 -149J -61100 -46614 -3 -05 11,500.00 Teachers 302 - 110 -1102 -0220 -148) -61100 -41121 -3 -05 36 432.00 Program Coordinator/Site 302 - 110 - 1102 -0220 -148J -61100 -41124 -3 -05 33,627.00 Activity Assistants 302- 110 -1102 -0220 -148J -61100 -41141 -3 -05 51,408.00 Retiree Health 302 - 110 -1102 -0220 -148J -61100 -42200 -3 -05 16.00 Social Security 302- 110 - 1102 -0220 -148J -61100 -42201 -3 -05 7,159.00 VRS 302- 110 -1102 -0220 -148J -61100 -42202 -3 -05 166.00 Medical/Dental 302 - 110 -1102 -0220 -148J -61100 -42204 -3 -05 873.00 Group Life 302 - 110 -1102 -0220 -148J -61100 -42205 -3 -05 8.00 Contracted Services 302 - 110 - 1102 -0220 -148J -61100 -43313 -3 -05 22,950 00 Travel-Mileage 302 - 110 - 1102 -0220 -148J -61100 -45551 -3 -05 492.00 Travel-Fares 302 - 110 -1102 -0220 -148J -61100 -45552 -3 -05 750.00 Travel-Meals&Lodging 302 - 110 -1102 -0220 -148J -61100 -45553 -3 -05 1,235.00 Pupil Transportation 302 - 110 -1102 -0220 -148J -63200 -43343 -3 -05 28,500 00 Supplies 302 - 110 -1102 -0220 -148J -61100 -46614 -3 -05 11,200.00 Equipment 302 -253 -0000 -0340 -375J -68300 -48821 -9-00 30,905.33 Equipment 302 -253 -0000 -0410 -375J -68300 -48821 -9-00 22,671.34 Equipment 302 -253 -0000 -0410 -375J -68300 -48821 -9-00 30,263.33 Instruction Teachers 302 -170 -3000 -1160 -304J -61100 -41121 -3-03 13,407.00 Retire Health 302 -170 -3000 -1160 -304J -61100 -42200 -3-03 271.00 Social Security 302 -170 -3000 -1160 -304) -61100 -42201 -3-03 1,025 00 VRS 302 -170 -3000 -1160 -304J -61100 -42202 -3-03 3,554.00 Medical/Dental 302 -170 -3000 -1160 -304J -61100 -42204 -3-03 882.00 Group Life 302 -170 -3000 -1160 -3043 -61100 -42205 -3-03 291.00 Juvenile Detention Education 302 -110 -0000 -1070 -316J -61100 -41138 -9-09 12,852.31 Retiree Health Credit 302 -110 -0000 -1070 -316J -61100 -41138 -9-09 128.52 Social Security/FICA 302 -110 -0000 -1070 -316J -61100 -41138 -9-09 983.20 Virginia Retirement System 302 -110 -0000 -1070 -316J -61100 -41138 -9-09 1,028.18 Health/Dental Insurance 302 -110 -0000 -1070 -316J -61100 -41138 -9-09 1,081.08 State Group Life Insurance 302 -110 -0000 - 1070 -316J -61100 -41138 -9-09 64.13 Professional Development 302 -110 -0000 -1070 -3163 -61100 -41138 -9-09 4,000.00 Mileage 302 -110 -0000 -1070 -316J -61100 -41138 -9-09 1,725.00 Indirect Costs 302 -110 -0000 -1070 -316J -61100 -41138 -9-09 802.62 Related Services 302 -110 -0000 -1070 -316J -61100 -41138 -9-09 1,280.00 Instructional Supplies 302 -110 -0000 -1070 -316J -61100 -41138 -9-09 4,575.00 Textbooks/Workbooks 302 -110 -0000 -1070 -316J -61100 -41138 -9-09 1,500.00 Internet Services 302 -110 -0000 -1070 -316J -61100 -41138 -9-09 (1,600.00) Technology 302 -110 -0000 -1070 -316J -61100 -41138 -9-09 (125.00) Revenues Federal Grant Receipts 302 - 000 -0000 -0000 -168J -00000 -38555 -0 -00 $82,958.99 Federal Grant Receipts 302 - 000 -0000 -0210 -158J -00000 -38287 -0 -00 194,646.00 Federal Grant Receipts 302 - 000 -0000 -0280 -139J -00000 -38287 -0 -00 196,516.00 Federal Grant Receipts 302 - 000 -0000 -0340 -149J -00000 -38287 -0 -00 196,166.00 Federal Grant Receipts 302 - 000 -0000 -0220 -148J -00000 -38287 -0 -00 194,816.00 State Grant Receipts 302 - 000 -0000 -0000 -375J -00000 -32400 -0 -00 67 072.00 Local Match 302 - 000 -0000 -0000 -375J -00000 -72000 -0 -00 16,768.00 State Grant Receipts 302 - 000 -0000 -0000 -304J -00000 -32712 -0 -00 19,430.00 State Grant Receipts 302 - 000 -0000 -0000 -316J -00000 -32220 -0 -00 28,295.04 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: &ktP4Th4 . k..6W044. City Clerk. I ROANOKE CITY October 20, 2014 Strong SCHOOLS ng StuEen[s.Strong Schools.Strong City. The Honorable David Bowers, Mayor School Board and Members of Roanoke City Council Todd A. Putney Roanoke, VA 24011 Chairman Dear Members of Council: Suzanne P. Moore Vice Chairman As a result of official School Board action on Tuesday, October 14, 2014, the Board respectfully requests that City Council approve the William B. Hopkins, Jr. r0 riation requests below: Mae tt G. Huff d PP P q Annette Lewis Lori E. Vaught New Appropriation Award Richard Willis Fresh Fruits and Vegetable Program 2014- $82,958.99 Title IV-B Breckinridge Community Learning Dr. Rita D. Bishop Center 2014-15 $194,646.00 Superintendent Title IV-B Addison Community Learning Center 2014-15 $196,516.00 Cindy H. Poulton Title IV-B Lincoln Terrace Community Learning Clerk of the Board Center 2014-15 $196,166.00 Title IV-B RAMS Community Learning Center 2014-15 $194,816.00 School Security Equipment Grant 2014-15 $83,840.00 Revised Appropriation Additional Award Juvenile Detention Home and Child Development Clinics 2014-15 $28,295.05 Apprenticeship 2014-15 $19,430.00 On behalf of the School Board, thank you for your consideration. Sincerely, CH-C. PJk %— , Cindy H. Poulton Clerk pc: Dan Callaghan Rita D. Bishop Chris Morrill Kathleen Jackson Barbara Dameron 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 a � `: CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: October 20, 2014 Subject: School Board Appropriation Request Background: As the result of official School Board action at its October 14, 2014 meeting, the Board respectfully requested that City Council appropriate funding as outlined in this report. The Fresh Fruits and Vegetable Program 2014-15 grant of $82,959 provides funding to assist the school in providing a fresh fruit or vegetable snack during the school day at times other than meal periods at least three times per week. Hurt Park, Fallon Park, and Lincoln Terrace Elementary Schools have been accepted as participants. The program is intended to create healthier school environments to impact their present and future health. This program will be fully reimbursed by federal funds and will end June 30, 201 5. The Title IV-B Breckinridge Community Learning Center 2014-15 grant of $194,646; Title IV-B Addison Community Learning Center 2014-15 grant of $196,516; Title IV-B Lincoln Terrace Community Learning Center 2014-15 grant of $196,166; Title IV-B Roanoke Academy for Math and Science (RAMS) Elementary School Community Learning Center 2014-15 grant of $194,816 supports the continuation and establishment of Community Learning Centers (CLC) in an effort to address the critical attendance, academic, and parental involvement needs of the school in a safe, supervised, and nurturing environment. The CLC's are designed to provide expanded learning opportunities after school and during the summer that contribute to reducing violence and drug use while assisting students to meet or exceed local and state standards in core academic subjects. The program will be fully reimbursed by federal funds and will end September 30, 2016. This is a continuing program. The School Security Equipment 2014-15 grant of $83,840 supports the purchase of security equipment to improve and help ensure the safety of students attending public schools in Virginia. Specifically, Roanoke City Public Schools has received funding to assist with the installation of an intercom system and an alarm/clock system in three schools - Lincoln Terrace Elementary School, Fairview Elementary School, and James Madison Middle School. The grant expenses will be paid on a reimbursement basis out of state funds, and through the 25% required local match. This is a new program that will end in March 201 5. The Apprenticeship Program 2014-15 grant of $19,430 provides a combination of on-the-job training and classroom instruction for adult learners. The program is paid for through a combination of state funding and tuition paid by participants or their employers. Roanoke City Public Schools' apprenticeship program is managed through the Roanoke Technical Education Center (ROTEC) located at Patrick Henry High School. This is an increase to the original award allocation. This program will end on June 30, 2015. This is a continuing program. The State Operated Programs Juvenile Detention Home and Child Development Clinics 2014-15 grant of $28,295 constitutes educational services provided at the Roanoke Valley Juvenile Detention Center and the Virginia Department of Health's Roanoke Child Development Clinics. This is an increase to the original award allocation. The program will be fully reimbursed by state funds and will end March 30, 201 5. This is a continuing program. Recommended Action: We recommend that Council concur with this report of the School Board and adopt the attached budget ordinance to establish revenue estimates and to appropriate funding as outlined. iarbara Dameron Director of Finance Distribution: Council Appointed Officers Rita D. Bishop, Superintendent, RCPS P. Steve Barnett, Assistant Superintendent for Operations, RCPS Kathleen M. Jackson, Acting Executive Director of Fiscal Services, RCPS 2 ,;�, CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S. W., Room 456 K Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON REYNOLDS,MM(' E-mail eterk(n`roanokeva.8°v JONATHAN E.CRAFT,CMC ('ity Clerk Deputy City Clerk CECELIA 7.WEBB,CMC Assistant Deputy City Clerk October 21, 2014 A. Damon Williams 2618 Charing Cross Drive, S. W. Roanoke, Virginia 24018 Dear Mr. Williams: I am enclosing copy of Resolution No. 40080-102014 reappointing you as a Director of the Economic Development Authority of the City of Roanoke for a term commencing October 21, 2014, and ending October 20, 2018. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, October 20, 2014. Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which must be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. After the Oath has been administered, please return one copy to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your reappointment and each member is required "to read and become familiar with provisions of the Act." A. Damon Williams October 21, 2014 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue your service to the City of Roanoke as a Director of the Economic Development Authority. Q Sincerely, A&l-6-0, J4 .YV�slt Stephanie M. Moon Reynolds, City Clerk Enclosures pc: Harwell M. Darby, Jr., Secretary, Economic Development Authority of the City of Roanoke, Glenn, Feldmann, Darby & Goodlatte, 37 Campbell Avenue, S. W., Roanoke, Virginia 24011 i Y U IN THE COUNCIL Oh THE CITY OF ROANOKE, VIRGINIA The 20th day of October, 2014. No. 40080-102014. A RESOLUTION reappointing a Director of the Economic Development Authority of the City of Roanoke, to fill a four (4) year term on the Board of Directors. WHEREAS,the Council is advised that the term of office of A. Damon Williams,a Director of the Economic Development Authority of the City of Roanoke, Virginia, will expire October 20, 2014; and WHEREAS,§15.2-4904, Code of Virginia(1950),as amended,provides that appointments made by the governing body of such Directors shall, after initial appointment,be made for terms of four (4) years. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that A. Damon Williams, is hereby reappointed as a Director on the Board of Directors of the Economic Development Authority of the City of Roanoke, Virginia, for a term of four(4)years commencing October 21, 2014, and expiring October 20, 2018. ATTEST: City Cleric IC\Measures\eda reappoint Damon Williams 10 14,doc COMMONWEALTH OF VIRGINIA To-wit: CITY OF ROANOKE ) I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the twentieth day of October 2014, A. DAMON WILLIAMS was reappointed as a Director of the Economic Development Authority, for a term commencing October 21, 2014, and ending October 20, 2018. Given under my hand and the Seal of the City of Roanoke this twenty-first day of October 2014. Mtalia,AAN. • 47\,te_aki; City Clerk kg. CITY OF ROANOKE .44r OFFICE OF THE CITY CLERK 215 Church Avenue,S. W.,Room 456 WWa " r Roanoke,Virginia 24011-1536 ,,. Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON REYNOLDS,MNIC 1?-mail: cicrk(nh'oano keva.gov JONATHAN E.CRAFT,CM(' City Clerk Deputy City Clerk CECELIA T.WEBB,CM(' Assistant Deputy City Clerk October 21, 2014 Thomas T. Cullen 2802 Wycliffe Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Cullen: I am enclosing copy of Resolution No. 40081-102014 appointing you as a Director of the Economic Development Authority of the City of Roanoke to replace Boreham Johnson for a term commencing October 21, 2014, and ending October 20, 2018. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, October 20, 2014. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which must be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. After the Oath has been administered, please return one copy to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." Thomas T. Cullen October 21, 2014 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a Director of the Economic Development Authority. Sincerely, Stephanie Boon Reynold MC City Clerk Enclosures pc: Harwell M. Darby, Jr., Secretary, Economic Development Authority of the City of Roanoke, Glenn, Feldmann, Darby & Goodlatte, 37 Campbell Avenue, S. W., Roanoke, Virginia 24011 �ur e IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of October, 2014. No. 40081-102014. A RESOLUTION appointing a Director of the Economic Development Authority of the City of Roanoke. WHEREAS,the Council is advised that there is a vacancy in the position of Director of the Economic Development Authority of the City of Roanoke, Virginia; and WHEREAS,§15.2-4904, Code of Virginia(1950),as amended,provides that appointments made by the governing body of such Directors shall be made for terms of four (4) years. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Thomas Tullidge Cullen is hereby appointed as a Director on the Board of Directors of the Economic Development Authority of the City of Roanoke,Virginia,for a term commencing October 21,2014, and expiring October 20, 2018. ,��ATTEST: City Clerk. \�� K:\Measures\eda appointment Tom Cullen 10 14.doc COMMONWEALTH OF VIRGINIA To-wit: CITY OF ROANOKE I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the twentieth day of October 2014, THOMAS T. CULLEN was appointed as a Director of the Economic Development Authority to replace Boreham Johnson, for a term commencing October 21, 2014, and ending October 20, 2018. Given under my hand and the Seal of the City of Roanoke this twenty-first day of October 2014. City Clerk I is CITY OF ROANOKE art OFFICE OF THE CITY CLERK m t , 215 Church t ch Avamc, S. W.,Suite 456 f Roanoke,Virginia 24011-1536 telephone:: (540)853-2541 Ens: (549)853-1145 S1EI'11ANIL M.MOON REYNOLDS,MMC Email: cic, dn'roa,mkeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk October 22, 2014 Thomas T. Cullen 2802 Wycliffe Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Cullen: Pursuant to Sections 2.2-3114 and 2.2-3115, Code of Virginia (1950), as amended, am required to furnish Directors of the Economic Development Authority with a Financial Disclosure Form. State Code provisions require that all disclosures must be filed and maintained as a matter of public record for a period of five years in the Office of the Clerk of the governing body. Complete and return the enclosed form to the City Clerk's Office prior to attending your first meeting. Failure to do so shall be considered a violation of Section 2.2-3120, Code of Virginia (1950), as amended, which may result in being charged with a Class 1 or Class 3 misdemeanor. Please do not hesitate to contact me should you have questions or need assistance. Sincerely, Qvio., Stephanie M. Moon Reynolds, M City Clerk Enclosure pc: Linda Frith, Secretary, Economic Development Authority, do Frith Anderson & Peake, PC, 29 Franklin Road, S. W., Roanoke, Virginia 24011 Harwell Darby, Assistant Secretary, Economic Development Authority, do Glenn, Feldmann, Darby and Goodlatte, 210 First Street, S. W., Suite 200, Roanoke, Virginia 24011 t$A CITY OF ROANOKE .i..- .' OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 �` " i Roanoke, Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON REYNOLDS,MMC E-mail clerk(Wroanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant City Clerk October 21 , 2014 Daniel J. Callaghan City Attorney Roanoke, Virginia Dear Mr. Callaghan: A public hearing was conducted by the Council of the City of Roanoke on Monday, October 20, 2014 to consider an ordinance to realign the boundaries of voting precincts and to reduce the number of voting precincts within the City of Roanoke. On motion, duly seconded and adopted, the public hearing was continued until Monday, November 17 at 7:00 p.m., or as soon thereafter as the matter may be heard; and the City Attorney was instructed to publicize/advertise a public hearing to consider another alternative as "Plan B" with 21 precincts. Sincerely, a Stephanie M. Moon, MMC City Clerk pc: Christopher P. Morrill, City Manager Andrew Cochran, General Registrar Anita Wilson, Chairman, Roanoke City Electoral Board CITY OF ROANOKE ik4k it: OFFICE OF THE CITY ATTORNEY Timothy R. Spencer �` 464 MUNICIPAL BUILDING n , ,-.' 215 CHURCH AVENUE, SW Steven J. Talevi t David L. Collins >" ROANOKE, VIRGINIA 24011-1595 Heather P. Ferguson Daniel J. Callaghan TELEPHONE 540-853-2431 Laura M. Carini City Attorney FAX 540-853-1221 Assistant City Attorneys EMAIL: ciryarty @roanokeva.gov October 20, 2014 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Proposed Ordinance to Realign Voting Precincts Dear Mayor Bowers and Members of Council: Background Currently, the City of Roanoke has established 32 voting precincts within the City and one (1) central absentee voting precinct at the Noel C. Taylor Municipal Building. In 2011, City Council requested the Electoral Board to review the current alignment of voting precincts and make recommendations for changes and adjustments. The Electoral Board submitted its initial recommendation that the 32 voting precincts be reduced to 26 voting precincts and the one (1) central absentee voting precinct remain at the Noel C. Taylor Municipal Building. City Council did not take any action on this recommendation and requested the Electoral Board to conduct a further review. In 2012, the Electoral Board recommended a plan to reduce the number of voting precincts from 32 to 19 and maintain one (1) central absentee voting precinct. The Electoral Board hosted five (5) informational sessions in various parts of the City to solicit input from citizens regarding this proposal. Council set this proposal for public hearing on November 19, 2012. Council took no action to adopt or reject this proposal. Council created a nine (9) member Election Precinct Task Force to review the current alignment of voting precincts within the City and make a recommendation to Council. The Election Precincts Task Force recommended that the City realign its voting precincts by reducing the number of precincts to 20 and maintaining one (1) central absentee voting precinct (Task Force Recommendation). The Election Precinct Task Force presented the Task Force Recommendation to Council on June 3, 2013. Following this presentation, Council directed the City Attorney to prepare an ordinance that incorporated the Task Force Recommendation. The City Attorney, the Registrar, members of the Electoral Board, and City staff within the Department of Technology created the proposed ordinance that is attached to this Council Report. The proposed ordinance amends the existing alignment of voting precincts and establishes 20 voting precincts, designates a polling place within each precinct, and maintains one (1) central absentee voting precinct at the Noel C. Taylor Municipal Building (Plan A). Plan A is consistent with the Task Force Recommendation. Plan A has been advertised for public hearing in accordance with Section 24.2-306(A) of the Code of Virginia (1950), as amended, in The Roanoke Times on Monday, October 6, 2014, Wednesday, October 8, 2014, Monday, October 13, 2014, and Wednesday, October 15, 2014. The public hearing is set for Monday, October 20, 2014, at 7:00 p.m. in Council Chamber. During the regular Council session on October 9, 2014, the City Attorney briefed Council on Plan A. At that time, the City Attorney provided Council with copies of a precinct map that identified each polling place within each proposed precinct. The City Attorney also informed Council that Council Member Bestpitch had requested that the City Attorney consider an alternative alignment with the primary objective being the creation of voting precincts with active voters in the range of 2,250 to 3,000 voters for each precinct. The City Attorney and City staff within the Department of Technology developed a preliminary plan that creates 21 voting precincts and one (1) central absent voting precinct (Plan B). At this briefing, the City Attorney recommended that council include consideration of Plan B as it considers Plan A and views presented by the public at the public hearing on October 20, 2014. Recommended Action Receive comments and input from the public on the proposal to realign and reduce the existing voting precincts and continue the public hearing on Plan A to the Council session on November 17, 2014, at 7:00 p.m., or as soon thereafter as the matter may be heard. Determine whether the City Attorney should prepare a proposed ordinance that implements Plan B. If Council directs the City Attorney to prepare such proposed ordinance, direct that the Plan B proposed ordinance be set for public hearing on November 17, 2014, at 7:00 p.m., or as soon thereafter as the matter may be heard, and that the public hearing be advertised in accordance with the requirements of Section 24.1-306(A) of the Code of Virginia(1950), as amended. obi Daniel J. Callaghan City Attorney Attachments: Plan A Proposed Ordinance Map Book for 20 Precinct Plan Map of Polling places for Plan A c: Council Appointed Officers (w/attachments) R. Brian Townsend, Assistant City Manager for Community Development (w/attachments) Sherman Stovall, Assistant City Manager for Operations (w/attachments) Andrew Cochran, General Registrar (w/attachments) f"'L C_F•RL,.,..14 i_II =;1.Fi;l .`-ya The Roanoke Times Account Number Roanoke,Virginia 6004634 Affidavit of Publication Date CITY OF ROANOKE-VOTER October 15,2014 456 NOEL C.TAYLOR MUNICIPAL BLDG. 215 CHURCH AVENUE SW ROANOKE,VA 24011 Date Category Description Ad Size Total Cost—1 10/15/2014 Legal Notices VOTING PRECINCTS 1 x 100 L 1,428.00 Publisher of the Roanoke Times I, (the undersigned)an authorized representative of the Roanoke Times,a daily newspaper published in Roanoke, in the State of Virginia,do certify that the annexed notice VOTING PRECINCTS was published in said newspapers on the following dates: 10/08,10/13, 10/15/2014 ,C‘N-A r^,,�.'Ar �' P '1;/,'. 7C. ' r The First insertion being given ... 10/08/2014 : k et 5 Newspaper reference: 0000086561 - O - Sworn to and subscribed before me this Wednesday,October 15, &fli'' 'V Notary Pu. filling ng Pepe State of Virginia City/County of Roanoke My Commission expires ( U' 31-1 5 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU NOTICE OF PUBLIC HEARING FOR THE ADOPTION OF AN ORDINANCE TO REALIGN THE VOTING PRECINCT BOUNDARIES AND TO REDUCE THE NUMBER OF VOTING PRECINCTS IN THE CITY OF ROANOKE, VIRGINIA The Council of the City of Roanoke will hold a public hearing on Monday, October 20, 2014, at 7,00 p. m., or as scan thereafter as the matter may be heard. in the Council Chamber, Room 450, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider adopting an ordinance realigning the boundaries Of voting precincts and reducing the number of voting precincts within the City, as authorized by the provisions of 4241 -306, Code of Virginia (1950), as amended. During the past few years, City Council, City Staff, and the Roanoke Electoral Board have periodically held briefings and discussions to review the current alignment and composition of voting precincts. In 2012, the Roanoke Electoral Board proposed a realignment of voting precincts that would establish 19 voter precincts and one (1) central absentee voter precinct. In January 2013, City Council created a citizen's task force to review the current alignment of the City's voting Precincts, Electoral Board proposal, and the voting process and to make recommendations to City Council. The Election Precincts Task Force Proposed the creation of 20 voter precincts within the City and one absentee voter Precinct at the Noel C. Taylor Municipal Building. After City Council's briefing on June 3, 2013, by the Election Precincts Task Force, City Council recommended that the realignment of the boundaries of the voting precincts for the City move forward and to allow Council to consider adopting a Voting Precinct Ordinance that would create 20 voter precincts within the City and maintain one (1) central absentee voter Precinct at the Noel C. Taylor Municipal Building. The proposed ordinance will amend Chapter 10, Article II, of the Code of the City of Roanoke (1979), as amended, to create 20 voting precincts within the City of Roanoke and maintain one (1) central absentee voter precinct at the Noel C. Taylor Municipal Building. A COPY of (i) the proposed ordinance, which would create these 20 voting precincts, maintain one (1) central absentee voter precinct at the Noel C. Taylor Municipal Building, and establish the location of polling places for the 20 voting precincts, and (ii) maps showing the boundaries of the realigned precincts, are available for review in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia All parties and interested persons may appear on the above date and be heard on this matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853 -2541, before noon on the Thursday before the date of the hearing listed above. GIVEN under my hand this 30th day of September, 2014. Stephanie M. Moon Reynolds, MMC City Clerk (86561) NOTICE OF PUBLIC HEARING FOR THE ADOPTION OF AN ORDINANCE TO REALIGN THE VOTING PRECINCT BOUNDARIES AND TO REDUCE THE NUMBER OF VOTING PRECINCTS IN THE CITY OF ROANOKE, VIRGINIA The Council of the City of Roanoke will hold a public hearing on Monday, October 20, 2014, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, Room 450, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider adopting an ordinance realigning the boundaries of voting precincts and reducing the number of voting precincts within the City, as authorized by the provisions of §24.2-306, Code of Virginia (1950), as amended. During the past few years, City Council, City Staff, and the Roanoke Electoral Board have periodically held briefings and discussions to review the current alignment and composition of voting precincts. In 2012, the Roanoke Electoral Board proposed a realignment of voting precincts that would establish 19 voter precincts and one (1) central absentee voter precinct. In January 2013, City Council created a citizen's task force to review the current alignment of the City's voting precincts, Electoral Board proposal, and the voting process and to make recommendations to City Council. The Election Precincts Task Force proposed the creation of 20 voter precincts within the City and one absentee voter precinct at the Noel C. Taylor Municipal Building. After City Council's briefing on June 3, 2013, by the Election Precincts Task Force, City Council recommended that the realignment of the boundaries of the voting precincts for the City move forward and to allow Council to consider adopting a Voting Precinct Ordinance that would create 20 voter precincts within the City and maintain one (1) central absentee voter precinct at the Noel C. Taylor Municipal Building. The proposed ordinance will amend Chapter 10, Article II, of the Code of the City of Roanoke (1979), as amended, to create 20 voting precincts within the City of Roanoke and maintain one (1) central absentee voter precinct at the Noel C. Taylor Municipal Building. A copy of(i) the proposed ordinance, which would create these 20 voting precincts, maintain one (1) central absentee voter precinct at the Noel C. Taylor Municipal Building, and establish the location of polling places for the 20 voting precincts, and (ii) maps showing the boundaries of the realigned precincts, are available for review in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. All parties and interested persons may appear on the above date and be heard on this matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853-2541, before noon on the Thursday before the date of the hearing listed above. GIVEN under my hand this 30th day of September, 2014. Stephanie M. Moon Reynolds, CMC City Clerk. 1 Note to Publisher: Please publish twice in The Roanoke Times, Legal Notices, and twice in The Roanoke Times, Virginia section, on Monday, October 6, 2014, and on Monday, October 13, 2014. Please send bill to: Please send affidavit of publication to: Registrar Stephanie M. Moon Reynolds 109 Noel C. Taylor Municipal Building City Clerk's Office 215 Church Avenue, S.W. 456 Noel C. Taylor Municipal Building Roanoke, VA 24011 215 Church Avenue, S.W. (540) 853-2281 Roanoke, VA 24011 (540) 853-2541 • 2 Y ' µ t 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 ti'I'EPIIANIE M.MOON REYNOLDS,MMC E-mail: cler k(n)roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant City Clerk October 21, 2014 Mark W. Walsh, President Roanoke Valley Youth Soccer Club, Inc. 2800 Electric Road, S. W., Suite 1020 Roanoke, Virginia 24018 Dear Mr. Walsh: I am enclosing copy of Ordinance No. 40082-102014 correcting a scrivener's error pertaining to Ordinance No. 39853-012114, adopted by City Council on January 21, 2014, clarifying the description of leased premises that was included in Ordinance No. 39853-012114. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 20, 2014; and is in full force and effect upon its passage. Sincerely, •Stephanie M. Moon Re nolds, MC City Clerk Enclosure pc: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Susan Lower, Director of Real Estate Valuation Philip Schirmer, City Engineer Ary IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of October, 2014. No. 40082-102014. AN ORDINANCE correcting a scrivener's error pertaining to Ordinance No. 39853-012114, adopted by City Council on January 21, 2014, clarifying the description of leased premises that was included in Ordinance No. 39853-012114, and dispensing with the second reading of this Ordinance by title. WHEREAS, in an invitation for bids and a notice of public hearing published on January 6, 2014, and January 13, 2014, the City of Roanoke requested bids to enter into a Lease Agreement for the use of Official Tax Map No. 6421001 consisting of approximately 10.5719 acres and a portion of Official Tax Map No. 6472302 consisting of approximately 11.06 acres; WHEREAS, the invitation for bids and notice of public hearing notified all parties to review the proposed Lease Agreement for the specific details regarding the terms of the proposed Lease Agreement; WHEREAS, the proposed Lease Agreement provided that the City intended to lease two (2) parcels of real estate, owned by the City and described in the Lease Agreement as Parcel A and Parcel B by metes and bounds descriptions and depicted on plans as Parcel A and Parcel B only and without references to specific Official Tax Map Numbers; WHEREAS, Parcel A, as described in the proposed Lease Agreement, consisted of approximately 11.06 acres of land, and is comprised of portions of Official Tax Map Nos. 6472302, 6471801, and 6471802; 1 WHEREAS, the invitation for bids and notice of public hearing inadvertently omitted references to Official Tax Map Nos. 6471801 and 6471802, but such omission did not affect the area of Parcel A to be leased pursuant to the proposed Lease Agreement; WHEREAS, at a public hearing held on January 21, 2014, City Council opened a bid from Roanoke Valley Youth Soccer Club, Inc.; WHEREAS, City Council received no bid other than the bid from Roanoke Valley Youth Soccer Club, Inc., in response to the invitation for bids and a notice of public hearing published on January 6, 2014, and January 13, 2014; WHEREAS, by adoption of Ordinance No. 39853-012114 on January 21, 2014, City Council intended to accept the bid from Roanoke Valley Youth Soccer Club, Inc.; WHEREAS, Ordinance No. 39853-012114 included a scrivener's error in the name of the successful bidder; WHEREAS, by adoption of Ordinance No. 39853-012114 on January 21, 2014, City Council authorized execution of a Lease Agreement dated February I, 2014, with Roanoke Valley Youth Soccer, Inc., rather than the correct name of the successful bidder, namely Roanoke Valley Youth Soccer Club, Inc.; WHEREAS, City Council intended to authorize execution of a Lease Agreement dated February I, 2014, with Roanoke Valley Youth Soccer Club, Inc.; WHEREAS, by the adoption of Ordinance No. 39853-012114 on January 21, 2014, City Council authorized the leasing of, and execution of a Lease Agreement dated February 1, 2014, pertaining to, a portion of Official Tax Map No. 6472302, consisting of 11.06 acres, more or less, and being Parcel A as described in the Lease Agreement, and Official Tax Map No 6421001, consisting of 10.5719 acres, more or less, and being Parcel B as described in the Lease Agreement; WHEREAS, Parcel A to the Lease Agreement dated February 1, 2014, included portions of Official Tax Map Nos. 6472302, 6471801 and 6471802; WI-IEREAS, the parties entered into a Lease Agreement dated February 1, 2014, for the use of Parcel A, consisting of 11.06 acres, more or less, that includes portions of Official Tax Map Nos. 6472302, 6471801 and 6471802, and Parcel B consisting of 10.5719 acres, more or less, and is depicted as Official Tax Map No. 6421001; WHEREAS, following adoption of Ordinance No. 39853-012114, and pursuant to the authority granted therein, the parties entered into Amendment No.1 to the Lease Agreement dated July 17, 2014 and a Cash Bond Agreement dated as of July 21, 2014; WHEREAS, the omission of two (2) Official Tax Map Numbers in the invitation for bids, the notice of public hearing, and Ordinance No. 39853-012114, did not affect the area of the parcels subject to the Lease Agreement; WHEREAS, the error in the name of the successful bidder identified in Ordinance No. 39853-012114 did not affect the bid process in any way because Roanoke Valley Youth Soccer Club, Inc., was the sole bidder for the proposed Lease Agreement; WHEREAS, consideration of the Ordinance to correct the scrivener's error pertaining to the name of the successful bidder and to clarify the description of the leased premises was set for public hearing on October 20, 2014, after notice of this public hearing was published in The Roanoke Times on October 6, 2014, and October 13, 2014; 3 WHEREAS, City Council held a public hearing on October 20, 2014, to consider adoption of this Ordinance and all persons were provided the opportunity to state their positions in support of or in opposition to the proposed Ordinance; and WHEREAS, the City Manager recommends adoption of the proposed Ordinance, as set forth in the City Council Agenda Report dated October 20, 2014. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that; I. Ordinance No. 39853-012114, adopted on January 21, 2014, be amended to provide that (i) the correct name of the lessee is Roanoke Valley Youth Soccer Club, Inc., and (ii) portions of Official Tax Map Nos. 6471801 and 6471802 are also a part of the Lease Agreement with respect to Parcel A; 2. Ordinance No. 39853-012114, adopted on January 21, 2014, be fiirther amended to the extent that it is inconsistent with this Ordinance; 3. Ordinance No. 39853-012114, as amended by this Ordinance, is reordained; 4. The City Manager, City Clerk, and City Attorney, are hereby authorized to take such actions, and execute such documents, as are necessary to effect the intent of City Council as set forth in this Ordinance and Ordinance No. 39853-012114, adopted on January 21, 2014, as amended herein, all such documents to be approved as to form by the City Attorney; and 4 5. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: City Cler . c414446' 2014 9 24-0-Counhyside-correction of scriveners error(DJCallaghan comments).doc 5 • CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: October 20, 2014 Subject Amendment of Ordinance No. 39853-012114 to correct a scrivener's error, and clarify the description of leased premises contained in such Ordinance authorizing the Lease of City- owned Property in the Countryside Area to Roanoke Valley Youth Soccer Club, Inc. Background: On January 21 , 2014, City Council held a public hearing regarding a request for bids to enter into a Lease Agreement for the use of Official Tax Map No. 6421001 consisting of approximately 10.57 acres (Parcel B) and a portion of Official Tax Map No. 6472302 of approximately 11 .06 acres (Parcel A) for the development of an outdoor athletic complex. The proposed Lease Agreement defined the two parcels by metes and bounds descriptions without references to specific Official Tax Map Numbers. Parcel A is comprised of portions of Official Tax Map Nos. 6472302, 6471801 , and 6471802. The invitation for bids, notice of public hearing, and Ordinance 39853-012114 omitted references to Official Tax Map Nos. 6471801 and 6471802, but such omission did not affect the actual area of Parcel A to be leased pursuant to the Lease Agreement. At its January 21 , 2014, meeting, City Council opened the only bid received, that being a bid from the Roanoke Valley Youth Soccer Club, Inc. Upon closure of the public hearing held on January 21 , 2014, City Council adopted Ordinance 39853-012114 to accept the bid from Roanoke Valley Youth Soccer Club, Inc. That ordinance contained a scrivener's error in the name of the successful bidder. The ordinance authorized execution of a lease with Roanoke Valley Youth Soccer, Inc., rather than the correct name of the organization, Roanoke Valley Youth Soccer Club, Inc. Subsequently, the City and the successful bidder entered into a Lease Agreement dated February 1 , 2014, for use of Parcels A and B, and pursuant to the authority granted, the parties entered into Amendment No. 1 dated July 1 7, 2014, to the Lease Agreement, and a Cash Bond Agreement dated July 21 , 2014. Considerations: Omission of the two additional Tax Map No. references in the invitation for bids, the notice of public hearing, and Ordinance No. 395853-012114 did not affect the area of the parcels subject to the Lease Agreement, and the error in the name of the successful bidder identified in such ordinance did not affect the bid process in any way, since there was only one bid received. However, it is necessary that such omissions and errors be addressed in order that all public records and documents related to this transaction be clarified and corrected. In order to correct the scrivener's error pertaining to the name of the successful bidder, and to clarify the description of the leased premises by Official Tax Map No. reference, a notice of public hearing was published in the Roanoke Times on October 6, 2014, and October 13, 2014, that the City Council would consider adoption of amendments to Ordinance No. 39853-012114 at its October 20, 2014, meeting. Recommended Action: Adopt the accompanying Ordinance which amends Ordinance No. 39853- 012114 to provide that the correct the name of the lessee is Roanoke Valley Youth Soccer Club, Inc., and that portions of Official Tax Map Nos. 6471801 and 6471802 are also a part of the Lease Agreement with respect to Parcel A; to further amend Ordinance 39853-012114 to the extent that it is inconsistent with the proposed ordinance, and to re-ordain Ordinance No. 39853-012114, as amended. Authorize the City Manager, the City Clerk, and the City Attorney to take such action and execute such documents that are necessary to effect the intent of the proposed Ordinance, all such documents to be approved as to form by the City Attorney. p Christopher P. Morrill City Manager Distribution: Council Appointed Officers Brian Townsend, Assistant City Manager for Community Development Chris Chittum, Director of Planning Building and Development Steve Buschor, Director of Parks and Recreation 2 t1s %�`k NOTICE OF PUBLIC HEARING FOR AMENDMENT OF ORDINANCE Before the Council of the City of Roanoke for Amendment of an Ordinance Regarding a Lease Agreement for Construction and Operation of an Outdoor Athletic Facility The City of Roanoke, Virginia ("City") hereby gives notice that the City intends to amend Ordinance No. 39853-012114, adopted by the Council of the City of Roanoke on January 21, 2014, for the execution of a Lease Agreement with Roanoke Valley Youth Soccer Club, Inc. The proposed amendment is intended to correct a scrivener's error in the name of Roanoke Valley Youth Soccer Club, Inc., and to clarify the parcels of City-owned property that are subject to the Lease Agreement. Ordinance No. 39853-012114 identified Roanoke Valley Youth Soccer Club, Inc., as "Roanoke Valley Youth Soccer, Inc." The City Council Agenda Report dated January 21, 2014, and the bid submitted by Roanoke Valley Youth Soccer Club, Inc. that were presented to City Council state the correct name of Roanoke Valley Youth Soccer Club, Inc. The purpose of this public hearing is to correct this scrivener's error. The proposed Lease Agreement described the City-owned properties that would be leased to the successful bidder as Parcel A and Parcel B with metes and bounds descriptions and without reference to specific Official Tax Map Numbers. The advertisement and public notice, and Ordinance No. 39853-012114, included references to specific Official Tax Map Number 6472302 with respect to Parcel A and Official Tax Map Number 6421001 with respect to Parcel B. The prior advertisement and public notice inadvertently omitted references to Official Tax Map Nos. 6471801 and 6471802 as part of Parcel A. The area contained within Parcel A was accurately described in the advertisement, public notice and Ordinance No. 39853-012114. The purpose of this public hearing is to clarify the parcels of City-owned property that are subject to the Lease Agreement. A copy of the proposed Ordinance is available for review in the City Clerk's Office, at Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke Virginia 24011. 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 Monday, October 20, 2014, at 7:00 p.m., local time, or as soon thereafter as Council is available, in the Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. For further information on this matter, you may contact the Office of the City Clerk at (540) 853- 2541. NOTICE OF PUBLIC HEARING-drall(D1Callaghan revisions)doe The Roanoke Times Account Number Roanoke,Virginia 6017304 Affidavit of Publication Date R.BRIAN TOWNSEND,ASSISTANT C October 13,2014 456 NOEL C.TAYLOR MUNICIPAL BLDG 215 CHURCH AVENUE SW ROANOKE,VA 24011 Date Category Description Ad Size Total Cost 10/13/2014 Legal Notices AMENDMENT OF ORDINANCE 1 x 96 L 935.52 Publisher of the Roanoke Times I, (the undersigned)an authorized representative of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice AMENDMENT OF ORDINANCE was published in said newspapers on the following dates: 10/06, 10/13/2014 ,� �• • Q� b : PfJNI 1.. The First insertion being given ... 10/06/2014 = -{c — Newspaper reference: 0000083800 • "� '�'�1'i Ai h�• Sworn to and subscribed before me this Monday,October 13,2014 v �i-11 Notary Pu� =il n. Rep •wive State of Virginia City/County of Roanoke My Commission expires I 6',2)1-15 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU t7j.. i%14i - i l Y .. { '. ! 11 I`! NOTICE OF PUBLIC HEARING FOR AMENDMENT OF ORDINANCE Before the Council of the City of All parties and interested persons Roanoke for Amendment of an may appear on the above date and Ordinance Regarding a Lease time and be heard on the matter. Agreement for Construction and If you are a person who needs Operation of an Outdoor Athletic accommodations for this hearing, Facility please contact the City Clerk's Office at The City of Roanoke,Virginia("City") (540) 853-2541 before 12:00 Noon on hereby gives notice that the City the Thursday before the date of the intends to amend Ordinance No.39853- hearing listed above. 012114,adopted by the Council of the GIVEN under my hand this 29th day of City of Roanoke on January 21,2014,for September,2014. the execution of a Lease Agreement Stephanie M.Moon Reynolds, with Roanoke Valley Youth Soccer City Clerk Club,Inc. The proposed amendment is intended to correct a scrivener's error (83800) in the name of Roanoke Valley Youth Soccer Club, Inc., and to clarify the parcels of City-owned property that are subject to the Lease Agreement. Ordinance No.39853-012114 identified Roanoke Valley Youth Soccer Club,Inc., as"Roanoke Valley Youth Soccer,Inc." The City Council Agenda Report dated January 21,2014,and the bid submitted by Roanoke Valley Youth Soccer Club, Inc.that were presented to City Council state the correct name of Roanoke Valley Youth Soccer Club, Inc. The purpose of this public hearing is to correct this scrivener's error. The proposed Lease Agreement described the City-owned properties that would be leased to the successful bidder as Parcel A and Parcel B with metes and bounds descriptions and without reference to specific Official Tax Map Numbers. The advertisement and public notice, and Ordinance No. 39853-012114, included references to specific Official Tax Map Number 6472302 with respect to Parcel A and Official Tax Map Number 6421001 with respect to Parcel B. The prior advertisement and public notice inadvertently omitted references to Official Tax Map Nos. 6471801 and 6471802 as part of Parcel A. The area contained within Parcel A was accurately described in the advertisement, public notice and Ordinance No. 39853-012114. The purpose of this public hearing is to clarify the parcels of City-owned property that are subject to the Lease Agreement. A copy of the proposed Ordinance is available for review in the City Clerk's Office, at Room 456, Noel C. Taylor Municipal Building,215 Church Avenue, S.W.,Roanoke Virginia 24011. 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 Monday,October 20,2014,at 7:00 p.m., local time, or as soon thereafter as Council is available, in the Council Chamber, Room 450, Noel C. Taylor Municipal Building,215 Church Avenue, S.W., Roanoke, Virginia 24011. For further information on this matter,you may contact the Office of the City Clerk at(540)853-2541. All parties and interested persons may appear on the above date and time and be heard on the matter. If you are a person who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853-2541 before 12:00 Noon on the Thursday before the date of the hearing listed above. GIVEN under my hand this 1st day of October , 2014. Stephanie M. Moon Reynolds, City Clerk NOTICE OF PUBLIC HEARING-draft(DICallaghan revisions).doc Note to Publisher: Please publish twice in the Roanoke Times, legal notices, once on Monday, October 6, 2014, and once on Monday, October 13, 2014. Please send the invoice to: Please send affidavit of publication to: R. Brian Townsend Stephanie M. Moon Reynolds, City Clerk Assistant City Manager for Noel C. Taylor Municipal Building, Community Development Room 456 Noel C. Taylor Municipal Building, 215 Church Avenue, S.W. Room 364 Roanoke, VA 24011 Roanoke, VA 24011 (540) 853-2541 (540) 853-2333 NOTICE OF PUBLIC HEARING-draft(D1Callaghan rcvisions).doc 6 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853 4541 Fax: (540)853-1145 STEPHANIE M.MOON REYNOLDS,MMC E-mail: eler k(n'roanokeva.gov JONATIIAN E.CRAFT,CMC City Clerk Deputy City Clerk October 21, 2014 CECELIAT.WEBB,CMC Assistant City Clerk Christopher P. Morrill City Manager Roanoke, Virginia Dear Mr. Morrill: I am enclosing copy of Ordinance No. 40083-102014 rezoning properties located at 0 Tuckawana Circle, N. W., from RM-2, Residential Mixed Density District, to ROS, Recreation and Open Space District, as set forth in the Zoning Amendment Application No. 1 dated September 9, 2014. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 20, 2014; and is in full force and effect upon its passage. Sincerely, "4:4-Pies \ittt Stephanie M. Moon Reynolds, C City Clerk Enclosure pc: Countryside Roanoke, LLC, 6101 Trotter Ridge Road, Summerfield, North Carolina 27358 The Tuckawana Group, LLC, 3570 Hershberger Road, N. W., Roanoke, Virginia 24017 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Philip Schirmer, City Engineer Susan Lower, Director of Real Estate Valuation Tina Carr, Secretary, City Planning Commission 5Ark IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of October, 2014. No. 40083-102014. 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 property on Tuckawana Circle, N.W., within the City, and dispensing with the second reading of this Ordinance by title. WHEREAS the Planning Commission for the City of Roanoke has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the property located at zero (0) Tuckawana Circle, bearing Official Tax Map Nos. 6471801 and 6471802, rezoned from RM-2, Residential Mixed Density District, to ROS, Recreation and Open Space District; 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 October 20, 2014, after due and timely notice thereof as required by §36.2- 540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject property, and for those reasons, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that Official Tax Map Nos. 6471801 and 6471802, located at zero (0) Tuckawana Circle, be and is hereby rezoned from RM-2, Residential Mixed Density District, to ROS, Recreation and Open Space District, as set forth in the Zoning Amendment Application No. 1 dated September 9, 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: tn.:1CM City Clerlhcl.t_ht CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: October 20, 2014 Subject: Request by the City of Roanoke to rezone two parcels identified as 0 Tuckawana Circle, NW, bearing Official Tax Numbers 6471801 and 6471802, from RM-2, Residential Mixed Density District, to ROS, Recreation and Open Space District, for the purpose of permitting an offsite parking lot associated with an outdoor recreational facility. Recommendation The Planning Commission held a public hearing on Tuesday, October 14, 2014. By a vote of 7 - 0 the Commission recommended approval of the rezoning request, finding the request by the City of Roanoke is consistent with the City's Comprehensive Plan, Countryside Master Plan, and Zoning Ordinance as the subject property will be developed in a manner appropriate to the surrounding area. Application Information Request: Rezoning Owner: City of Roanoke City Staff Person: Katharine Gray, Land Use and Urban Design Planner Site Address/Location: 0 Tuckawana Circle, NW Official Tax Nos.: 6471801 and 6471802 Site Area: 1 .1 82 acres Existing Zoning: RM-2, Residential Mixed Density District Proposed Zoning: ROS, Recreation and Open Space District Existing Land Use: Vacant Proposed Land Use: Offsite Parking for outdoor recreation area on adjacent parcel Neighborhood Plan: Countryside Master Plan Specified Future Land Office, Institutional, or Light Industrial - --- - ----- Use: Filing Date: Motion at Planning Commission Public Hearing: September 09, 2014 Background The City of Roanoke purchased the Countryside Golf Course property in November 2005 with the intent of developing it as a mixed-use neighborhood. The golf course was closed in winter 2010 and City planning staff initiated a public participation process to identify potential reuse options for the property. Work on the Countryside Master Plan began in October 2010 and culminated in the adoption of the plan on June 20, 2011 . The Plan was later amended on September 17, 2012. The master plan recommended the property be developed with a mix of uses set within the existing neighborhood. The focus of the plan creates a new neighborhood commercial center surrounded by mixed residential, recreation, and preservation areas. The majority of the property was to be dedicated to open space uses such as preservation, recreation, natural area, and drainage areas. Larger scale recreational uses were anticipated to be developed through partnerships between the private sector and the City. In 2011 , the City of Roanoke was approached by Northwest Recreation Club and Roanoke Valley Youth Soccer Club regarding development of part of the Countryside property for athletic fields and an indoor sports complex. The groups continued to work with the City and others in the area to refine their proposal. They have now bought a portion of the property and leased the remainder of the property from the City and are prepared to proceed with development of the sports complex. The proposed athletic field development is spread over three parcels. Two of the parcels along Tuckawana Circle, NW, are proposed for parking in the proposal. They are zoned as multifamily residential districts and offsite parking is not allowed; therefore, a change of zoning district for the subject parcels is desired. In September 2014, the Planning Commission approved a motion to schedule a public hearing to rezone two parcels identified as 0 Tuckawana Circle, NW, bearing Official Tax Numbers 6471801 and 6471802 from RM-2, Residential Mixed Density District, to ROS, Recreation and Open Space District. The rezoning of the two parcels from RM-2 to ROS would allow the sports complex to be built as currently proposed by allowing for a parking lot on the parcels. Considerations The subject property was acquired by the City of Roanoke in 2005 as part of the Countryside Golf course property purchase. The property has never been developed. The proposed development will create a parking lot on the parcels in association with a large outdoor recreation complex on the adjacent parcel to the southwest. 2 Surrounding Zoning and Land Use: Zoning District Land Use North RM-2, Residential Mixed Density Multifamily dwelling District South ROS, Recreation and Open Vacant Space District East 1-1 , Light Industrial District Office/Warehouse West ROS, Recreation and Open Vacant Space District Compliance with the Zoning Ordinance: The purpose of the ROS District is to recognize and enhance active park and recreation lands, passive open spaces, and significant natural and scenic features by encouraging these areas to protect unique land resources from degradation, consistent with the recommendations of the City's Comprehensive Plan. It is further intended to prevent the encroachment of incompatible land uses, while permitting limited construction within open space areas which is supportive of their function and which promotes their use and enjoyment. In the ROS District, minimum parking requirements are set based on land use. Outdoor recreation use of athletic fields requires a minimum of one parking space for every 2,000 square feet of field area. In the lease agreement documents with the City, three fields of 240 feet by 360 feet each are shown on the adjacent parcel for a total field area of 86,400 square feet and will require a minimum of 1 30 parking spaces. A parking lot with 48 spaces is shown on the main parcel. There is an approximate +/- 70 on-street parking spaces along Highland Farm Road, NW. And, there is a 21 space parking lot shown on the two parcels proposed for rezoning. These three areas of parking combined would meet the minimum parking requirement for the three fields without exceeding the 140% maximum allowed of 182 parking spaces. Since the subject properties are not part of the parcel on which the outdoor recreation use is proposed, the use on these properties would be considered offsite parking. Offsite parking is a permitted use within the ROS District and is regulated by Sec. 36.2-652 of the Zoning Ordinance. These properties meet the requirements of proximity within 300 feet and under the same ownership as that of the use served. The proposed parking lot on the subject properties appears to be located across multiple parcels. A combination of lots may be required as part of the development review process. 3 Conformity with the Comprehensive Plan and Neighborhood Plan: Both Vision 2001-2020 and the Countryside Master Plan recognize the need for the redevelopment for existing uses and sites to serve the needs of citizens and visitors. The subject properties are part of a larger planned outdoor recreation complex that serves to benefit both groups of people. Relevant policies and action items in the Comprehensive Plan include: EC PC1 . Parks and Recreation. Roanoke will develop, maintain, and manage parks and recreation facilities that enhance the City's and the region's quality of life. ED P4. Tourism. Roanoke will promote tourism for the City and the region. The creation of a large sports recreation complex will allow sports organizations within the City to serve residents of Roanoke and increase opportunities for sports tourism through sports tournaments in this area of the City. The Roanoke Parks and Recreation Update to the 2007 Master Plan reveals a need for sports fields in the City of Roanoke. 2.2.2.2 Facility Needs. More sports fields for community and tournament usage (soccer/lacrosse) are required. 2.2.2.5 Collaboration. Regional cooperation to promote sports tourism and economic impact (more fields/infrastructure planning) 2.2.3 Most Important Thing. Additional sports fields. The 2007 Parks and Recreation Master Plan note that the City of Roanoke has a shortage of athletic fields for its population and the Roanoke Parks and Recreation Update to the 2007 Master Plan confirms that the deficit still exists. The Countryside Master Plan recognizes that the area is made up of diverse uses and has the potential to host even more varied uses. A new mixed use neighborhood that provides a place to live, work, and play is the goal. The plan is divided up into various segments and the southern portion of this central area is identified as an optimal place for athletic fields and regional sports tournaments due to proximity to William Fleming High School and ease of access from 1-581 . Creation of an athletic complex there in a manner appropriate to the surrounding community is encouraged to serve the needs of the community. Relevant policies and action items in the plan include: Planning Approach: Recreation facilities should be integrated into neighborhood fabric rather than set off from it. 4 Central: The southern portion of the Central area is identified as the optimal location for recreational use geared toward athletics because of its easy access via Ferncliff Avenue and its proximity to William Fleming High School. The area to the east—designated as residential on the master plan— should be considered as an option for creating an expanded recreational area (indicated as area within the dotted green line). With the addition of this optional area, the area south of the extension Countryside Road could accommodate up to four athletic fields. The design and scale of new athletic facilities should be carefully evaluated to ensure compatibility with the surrounding land uses. Park infrastructure should include both neighborhood and community park areas. Design Principles: Amenities Integrate a community park. Development should include community park elements such as a playground, pavilion, community center/meeting hall/ conference center, basketball court, and tennis court. These elements may necessarily be dispersed among the development, but well connected with trails. Multipurpose athletic fields (lacrosse, soccer, football) can be incorporated, but have the disadvantage of being land- intensive. Because fields do not involve construction of structures, the expense for initial development is relatively low; athletic fields should be considered as non-permanent placeholders for a future use in 10-20-30 years. The majority of the proposal area is listed as recreation use in the Master Plan and a portion of the proposal area is listed as residential/office/institutional/light industrial uses with a recommendation to consider it for an expanded recreational area. The subject property is in the area to be considered for expanded recreation use. The principal consideration is whether the proposed rezoning and proffered development plan and conditions are consistent with Vision 2001-2020 and the Countryside Master Plan. The sports complex has been part of the long term vision for this area for several years and the subject properties on Tuckawana Circle, NW, are an important part of the proposal. The change of use proposed for these parcels is appropriate for the area. Public Comment Summary None. S Planning Commission Work Session (September 19, 2014): Prefer a solid surface parking material in place of the gravel that is allowable in ROS District due to noise, dust, and the location of the apartments on the parcel across Tuckawana Circle, NW. Section 36.2-654 of the Zoning Ordinance regulates parking and loading area standards. Section 36.2-654(b)(2) particularly addresses requirements to prevent dust generation in excess of that from a paved surface. The parking lot on the subject properties would be required to meet those standards during the development review process. ekaUt U H vi Chad VanHyning, Chair City Planning Commission cc: Chris Morrill, City Manager R. Brian Townsend, Assistant City Manager Chris Chittum, Director of Planning Building & Development Ian Shaw, Planning Commission Agent Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney 6 rillill PLANNING, BUILDING AND DEVELOPMENT Air 1 Noel h Taylor Municipal Building zg Church nvenuc,SW.Room 166 aRoanoke,Virginia zgo11 ROANOKE 54nRS3..,„„ raxeva.g ,.,z3o Dian, , ,.�,p,oanokeva.gov City of Roanoke Planning Commission Motion APPROVED (5-0) at September 9, 2014, meeting of the City of Roanoke Planning Commission to schedule a public hearing for October 14, 2014, or as soon thereafter as the matter may be heard, to amend Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended, to rezone two parcels identified as 0 Tuckawana Circle, bearing Official Tax Numbers 6471801 and 6471802, from RM-2, Residential Mixed Density District, to ROS, Recreation and Open Space District. i ■ , , t, IlaRiell41 Department of Planning,Building and Development ROA N O K E • Room 166,Noel C.Taylor Municipal Building 215 Church Avenue,S.W. Roanoke,Virginia 24011 Crick Here to Pnnt Phone: (540)853-1730 Fax: (540)853-1230 rDate: September 9,2014 ` Submdtal Number. Original Application a x[` 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 4.y Address: to Tuckawana Circle&0 Tuckawana Circle,NW J Official Tax No(s).: 6471801&6471802 Existing Base Zoning: ❑ With Conditions RM (If mukiple zones,please manually enter all districts.) -z,Residential Mixed Density p Without Conditions Ordinance No(s).for Existing Conditions(If applicablen):In/a Requested Zoning: ROS,Recreation and Open Sa-' ❑ With Conditions Proposed Athletic facility with associated parking II,�,,�� Mf Without Conditions Land Use bannakafnarabilKIDISMIA Name: City of Roanoke Phone Number. Address: E-Mail. Property Owner's Signature: IN Name: City of Roanoke Planning Commission Phone Number. 5408531730 Address: 215 Church Avenue,SW,Roanoke,VA 24011 E-Mal_ Pianningroroanokeva.gov Applicants Signature: Name: Chad VanHyning,Chairman,City Planning Commission Phone Number: 5408531730 � Address: ( E-Mat iOGv- Authorized Agents Signature: Narrative The proposed use of athletic fields and associated parking areas is not permitted in the RM-2 district. Therefore, rezoning to ROS is required. . I I . t I I ■ i I I I i I ( I t r ..,, , ' ...--- • - . .1 •-.,,, 111V • . / i ' 10 re" , • ,' I( 11 ,• , V .' .. / / \ I .;\ 1 III I, , 1 ,._,...... () , . . I /- ---,.. , NN, .• • I MI/ /...r .,,.,• ■ -..,', . . 0. s ''‘.. I ■ 1 / 1 • -..%, ;0' A 111111°11'. • • 1 1 .* \ • , , .... I .... 1., Ill / ' , —. `.., ..: -, • .,,/,°I'' ., , \ . 118 . . „.:,•._ . \ . , . , . I • . ., \ ' N a N. ' ■,/° ' Pi . .. "-., ... . i 'i ill ,i. ,.•,.... .... , _.. . n r I-A• ..--:...1 IIIPSINGIVar Concert 1710.11 VICINITY MAP/ t � ' °ZaNING MAP EXCERPT �, & ' O0 Affected Parcels: 64718018 6471802 WII Area to be Rezoned � "`1. 3"` 1__ Conditional Zoning 4 Zoning RA (Residential-Agriculture) J $ R-12 (Res. Single-Family) �� 41 R-7 (Res.Single-Family) 4, .; -. O O +R-5 (Res.Single-Family) # icr tR-3 (Res.Single-Family) c/ _�` ' ��\ C 4RM-1 (Res. Mixed Density) • 0,p ' 1y 4•449'4 RM-2 (Res. Mixed Density) • • • RMF (Res.Multi-Family) • .. r CN (Commercial-Neigh) •• ' • �? • c'7 CG (Commercial-General) 11111 •• ■ CLS (Commercial-Large Site) • gm 1-1 (Light Industrial) •• 1-2 (Heavy Industrial) •• - 0 (Downtown) MX (Mixed Use) IN (Institutional) i ROS (Rec&Open Space) i /14),L AD (Airport Dev) ---r MXPUD (Mixed Use Planned Unit Dev) �ON INPUD (Institutional Planned Unit Dev) Ca1�'. IPUD (Industrial Planned Unit Dev) _., RVF. OF (Urban Flex) • J 4 0 50 100 Feet W '°!»�- E •F il'44 AFFIDAVIT APPLICANT: City of Roanoke LOCATION: 0 Tuckawana Circle, Tax Nos. 6471801 & 6471802 REQUEST: Rezone from RM2 to ROS COMMONWEALTH OF VIRGINIA ) TO-WIT: CITY OF ROANOKE The affiant, Tina M. Carr, first being duly sworn, states that she is Acting 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 September, 2014, notices of a public hearing to be held on the 14th day of October 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 6471803 0 CITY OF NO 0000 TUCKAWAN ROANOKE ADDRESS 0 A CR NW VIRGINIA 6471905 2316 COUNTRYSID 6101 SUMMERFIEL N 2735 HIGHLAND E ROANOKE TROTTER D C 8 FARM RD LLC RIDGE RD NW 6471905 2316 COUNTRYSID 6101 SUMMERFIEL N 2735 HIGHLAND E ROANOKE TROTTER D C 8 FARM RD LLC RIDGE RD NW 6471905 2316 COUNTRYSID 6101 SUMMERFIEL N 2735 HIGHLAND E ROANOKE TROTTER D C 8 FARM RD LLC RIDGE RD NW 6471905 2316 COUNTRYSID 6101 SUMMERFIEL N 2735 HIGHLAND E ROANOKE TROTTER D C 8 FARM RD LLC RIDGE RD NW 6471905 2316 COUNTRYSI 6101 SUMMERFIE N 2735 HIGHLAND DE TROTTER LD C 8 FARM RD ROANOKE RIDGE RD NW LLC 6471905 2316 COUNTRYSI 6101 SUMMERFIE N 2735 HIGHLAND DE TROTTER LD C 8 FARM RD ROANOKE RIDGE RD NW LLC 6471905 2316 COUNTRYSI 6101 SUMMERFIE N 2735 HIGHLAND DE TROTTER LD C 8 FARM RD ROANOKE RIDGE RD NW LLC 6471905 2316 COUNTRYSI 6101 SUMMERFIE N 2735 HIGHLAND DE TROTTER LD C 8 FARM RD ROANOKE RIDGE RD NW LLC 6471905 2316 COUNTRYSI 6101 SUMMERFIE N 2735 HIGHLAND DE TROTTER LD C 8 FARM RD ROANOKE RIDGE RD NW LLC 6471905 2316 COUNTRYSI 6101 SUMMERFIE N 2735 HIGHLAND DE TROTTER LD C 8 FARM RD ROANOKE RIDGE RD NW LLC 6471905 2316 COUNTRYSI 6101 SUMMERFIE N 2735 HIGHLAND DE TROTTER LD C 8 FARM RD ROANOKE RIDGE RD NW LLC 6472005 2303 TRANE THE 3570 ROANOKE V 2401 DR NW TUCKAWAN HERSHBERG A 7 A GROUP ER RD NW LLC 6472302 2100 CITY OF 215 CHURCH ROANOKE V 2401 COUNTRYSI ROANOKE AVE SW RM A 1 ,COUNTRYSI RD NW VIRGINIA 250 6472302 2100 CITY OF 215 CHURCH ROANOKE V 2401 COUNTRYSI ROANOKE AVE SW RM A 1 DE RD NW VIRGINIA 250 6472302 2100 CITY OF 215 CHURCH ROANOKE V 2401 COUNTRYSI ROANOKE AVE SW RM A 1 DE RD NW VIRGINIA 250 _ S • e1i/}N Tina M. Carr SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 29th day of September, 2014. 114/it Notary Public titistTi •2HTI %9inia N°'" PUBUC Boatmonwitalth of Virginia on,02820 • - n fres _�_i The Roanoke Times I Account Number Roanoke,Virginia 6011439 Affidavit of Publication Date CITY OF ROANOKE-PDV October 24,2014 Attn Tina M.Carr STEPHANIE M.MOON REYNOLDS-MMC,CITY CLERK 215 CHURCH AVE,SW,SUITE 456 NOEL C.TAYLOR MUNICIPAL BUILDING ROANOKE,VA 24011 Date Category Description Ad Size Total Cost 10/08/2014 Legal Notices PUBLIC HEARING NOTICE All public hearings advertised hen 2 x 17.75 IN 4,984.56 Publisher of the Roanoke Times I,(the undersigned)an authorized representative of the Roanoke Times,a daily newspaper published in Roanoke, in the State of Virginia,do certify that the annexed notice PUBLIC HEARING NOTICE Al was published in said newspapers on the following dates: O �p IE ISrzi 10/01,10/08/2014 �� ONivF� p 5. REGISTRATION NO. 7049823 = MY t.s IS ES, The First insertion being given ... 10/01/2014 I 301 P'?IARGEst'ri Newspaper reference: 0000083147 ///,, ?ARV?ARV P �� U� "1/2/0H111100' 11111111 0 Sworn to and subscribed before me this Friday,October 24,2014 11 Its 1 '4uvias -r list S .I /. otary Publi Billing `epr:.. .fve State of Virginia CitylCounty of Roanoke , My Commission expires lcl 50 114 r--) THIS l$ NQT.A B1b,L., R�I=ASE PAY FROM INVOICE. THANK YOU rhAtjr p'TI, _. 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 qp3 pees ory uses and structures,to,egulate the size and height of Development office,Room 166,215 Church Avenue,S.W.,Roanoke,Virginia. 13$edronbu emae aaoto terra centers,structures res specify which are that not buildings;ntlartls do not My person wth a disability requiring any special accommodation to attend or oC� an g62 a floor plan that are licensed by the Virginia area child;Department of Social . participate in the 853-1730 at least five hearings should contact Planning,Building and Development at(540) IA,gem such P's a floor plan to determine provided floor area per c and to days prior o the scheduled hearing. 390 m dents for outdoor play areas; SeMG,ri.2-411,Gasoline stations,to remove the maxmum overall height requirement The City of Roanoke Planning Commission will hold public hearings on October 14, are 36.2-419,Motor vehicle repair or service establishment to apply standards 2014,at 1:30 p.m.,or as soon as the matters may be heard,to consider these requests: activities invoMng commercial vehicles,painting,or betty repair in the OF Disttct A request by Krishna Properties,LLC,by Manish Patel,authorized representative,to 1T.Sec 36.2-422,Outdoor display areas,to delete the regejrgtl,rpjgmygl V§ImZO,P�rhe vacate portions of Lukens Street,kW.,and Liberty Road,N.E.,adjacent to 2201 Liberty ofithe plrio related h to an outdoor aull display area;the otdodNthlay aeaIs'dlooated Road,N.E.,Official Tax Map Number 3080134. riY of me portion of the principal building to which the outdoor display area Is dedicated shall be used to determine the maximum size of the outdoor display area; A request by the City of Roanoke to rezone two parcels identified as 0 Tuckawana 18.Table 429-1,Temporary Uses,to add mobile food and beverage vending as Circle,bearing Official Tax Numbers 6471801 and 6471802,from RM-2,Residential a permitted temporary use in the CN,CG,CLS,D,POS.OF Districts,the industrial Mixed Density District to ROS,Recreation and Open Space District,for the purpose districts,and PUD districts; of permitting an offsite parking lot associated with an outdoor recreational facigly. 19.Section 36.2-522,Zoning permits,to daily those acdvigee that require a zoning permit The land use categories permitted in ROS District include commercial;assembly 20.Section 38.2-540,Zoning amendments,to delete the requlremenithat an applicant and entertainment; public, institutional and community facilities; transportation; provide information about adjacent property owners with an application; utility;agricultural; and accessory with no maximum floor area ratio listed. The 21. Section 36.2-551; Development plans, generally, to add a requirement for comprehensive plan designates the property for office,Institutional,or light industrial agreements or guarantees where installation of public improvements is required,such use.The proposed use is outdoor recreation and offsite parking lot similar requirement being deleted from Appendix B-2; A request by the City of Roanoke to consider proposed Section 36.2-552,Basic development plans,to amend the applicability section that proposed amendments to Chapter specifies which activities may be undertaken with a basic development plan; 36.2,Zoning,of the Code of the City of Roanoke,(1979),as amended,by amending 23.Section 36.2-561,Variances,to amend subsections related to standards,findings of the and reordaining the following code sections to update,clarify,and make the City's board of zoning appeals,conditions and guarantees;and conforming status to reflect more zoning ordinance easier to use for its citizens,such amendments not constituting a pp comprehensive rezoning or change of any densities,unless otherwise noted: closely the requirements set forth in the Cove olMrginia(1950),as amended; 24.Section 36.2-630,General development standards,to add street trees and street 1.Table 205-1,Permitted Yard Encroachments,to permit pergolas,porches,stoops, lighting as Infrastructure kerns which may be required;and to replace"pedestrian steps,and stair landings in residential districts to encroach into required front yards and vehicular activity"with"need"in determining the level of infrastructure required; and to clarify such table; 25.Section 36.2-644,Overall tree canopy requirements,to provide that new street trees 2.Section 36.2-205(f),Front yards,to provide that maximum front yards are to be planted in an adjacent right-of-way may be Credited to a site's minimum tree canopy; applied only to new principal structures in residential districts;to provide that at least 26.Section 36.2-645,Street yard trees,to provide for distribution of street yard trees;to 60%of a street facing building facade shall abut the maximum front yard depth or lie provide that at least 50%of requiredtreescetarge tlecitluarstrees;oprwldethd multiple between the minimum and maximum front yards in residential districts;and to provide frontages of corner lots be evaluated separately,and to provide that the requirement for oat maximum front yard requirements in multiple purpose districts are to be applied street yard trees apply on when a new principal structure is being developed; as specified In Table 205-2; 27.Table 647-1, Buffering and Screening of Certain Uses and Activities,to add 3.Table 205-2, applicability of buffering and screening requirements to PUD districts;and to add Application of Maximum Front Yard Requirements,to provide for screening requirements for an outdoor storage lot; exceptions related to additions; • 28.Table 649-1, Buffering,Screening and Landscaping Materials,to provide that 4.Section 36.2-205(i),Yards-Corner lots and through lots,to provide that the maximum shrubs,when used with a screen,be planted on the outside of the screen; yard requirement shall apply only to the primary frontage; 29.Table 654-1,Parking and Loading Area Standards,to provide an exception to the 5.Section 36.2-311,Use table for residential districts,to add'family day home"as a parking area setback when a street screen is used; use permitted by special exception in all residential districts;and to specify that any 30.Section 36.2-661,Applicability,to remove setbacks for exempted signs;to remove the use not listed in the table Is not permitted; time limit for exempted political signs;and to make window covers on vacant storefronts 6.Section 36.2-312,Dimensional regulations for residential districts,to reduce the exempt from sign regulations and maximum window coverage requirements; minimum If area per dwelling unit from 3,50o to 2,500 in the RM-1 district,such 31.Table 668-1,Type,Number,and Size of On-Premises Signs,to clarify that sign amendment representing an effective increase in the density permitted in the RM-1 area limitations apply to a single sign structure;and to add electronic readerboards as district;to reduce the allowed rear and side yard setback from five feet to zero feet in permitted signs in the CN,IN,and D Districts; the fl-12 District;and to delete the minimum area of usable open space for accessory 32.Section 36.2-673,Temporary on-premises signs,to delete the requirement that structures per dwelling unit in the RMF district; temporary signs comply with maximum height standards in Section 36.2-669; 7.Section 36.2-313,Front yard dimensions for infill development,to provide a method to 33.Appendix A,Definitions,to add definitions of attached structures;to amend the determine the front yard dimensions for Infill development under certain circumstances; definition of commercial motor vehicle to include school buses and exclude any motor 8.Section 36.2-315,Use table for multiple purpose districts,to make establishment vehicle customarily used for non-commercial purposes;o add a definition of family exception in the CN District make day home;o add a definition of a fence;to amend the definition of group home;to of a hotel or motel a use permitted by special excep t to make amend the definition of lot or zoning lot by amending the definition of a through lot; storage building sales a use permitted by special exception In the CO District; micmmbrewery or microdistillery,not abutting a residential district,a permitted use in the to add a definition of a microbrewery or microdistillery;to amend the definitions of ON,CG.CLS,D,and UF Districts;to make microbrewery or microdistillery,abutting a outdoor display area and outdoor storage to exclude the inventory of storage building residential district a use permitted by special exception in the CN,CG,CLS.D,and UF sales establishments;and to add a definition of a variance;and Districts;and to specify that any use not listed in the table is not permitted; , 34.Appendix B,Submittal Requirements,13-2,Comprehensive Development Plan,to 9.Section 36.2-317,Civic space yard option,to specify the area within which a civic remove certain plan requirements related to peering and grading related o erosion space shall be provided;and to specify that a civic space shall provide access from the and sediment control;to add a requirement for an erosion and sediment control plan, right-of-way to a primary entrance; as required by Chapter 11.1,Erosion and Sediment Control of the City Code;and to 10.Table 319-1, Building Placement and Facade Transparency Requirements, to add a requirement for a stormwaor management plan,as required by Chapter 11.6, provide for transparency or vegetation on certain street facing facades for corner lots Sormwater Management,of the City Code,to replace certain existing requirements or with three or more frontages; erosion and sediment control and stormweor management. • 11.Section 36.2-322,Use table for industrial districts,to make an outdoor storage Tina M.Carr,Secretary,City Planning Commission lot a use permitted by special exception In industrial districts;eating and drinking establishments,abutting a residential district,a permitted use in Industrial districts; City Council will hold public hearings on the aforesaid applications on to make a microbrewery or microdistillery permitted uses in industrial districts;and to October 20,2014,at 7:00 p.m.,or as soon as the matters may be heard. specify that any use not listed in the table is not permitted; 12.Section 36.2-336,Comprehensive Sign Overlay District,to permit application of Stephanie M.Moon Reynolds,MMC,City Clerk comprehensive sign overlay district regulations to lots within any multiple purpose, industrial,or planned unit development district;and to reduce the minimum size of such overlay district from five(5)acres to two(2)acres; 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 Avenue, S.W., Roanoke, Virginia. 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 public hearings on October 14, 2014, at 1:30 p.m., or as soon as the matters may be heard, to consider these requests: A request by Krishna Properties, LLC,by Manish Patel, authorized representative, to vacate portions of Lukens Street,N.W., and Liberty Road,N.E., adjacent to 2201 Liberty Road, N.E., Official Tax Map Number 3080134. A request by the City of Roanoke to rezone two parcels identified as 0 Tuckawana Circle, bearing Official Tax Numbers 6471801 and 6471802, from RM-2, Residential Mixed Density District, to ROS, Recreation and Open Space District, for the purpose of permitting an offsite parking lot associated with an outdoor recreational facility. The land use categories permitted in ROS District include commercial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory with no maximum floor area ratio listed. The comprehensive plan designates the property for office, institutional, or light industrial use. The proposed use is outdoor recreation and offsite parking lot. A request by the City of Roanoke to consider proposed amendments to Chapter 36.2, Zoning, of the Code of the City of Roanoke, (1979), as amended,by amending and reordaining the following code sections to update, clarify, and make the City's zoning ordinance easier to use for its citizens, such amendments not constituting a comprehensive rezoning or change of any densities, unless otherwise noted: 1. Table 205-1, Permitted Yard Encroachments, to permit pergolas,porches, stoops, steps, and stair landings in residential districts to encroach into required front yards and to clarify such table; 2. Section 36.2-205(f), Front yards, to provide that maximum front yards are to be applied only to new principal structures in residential districts; to provide that at least 60% of a street facing building facade shall abut the maximum front yard depth or lie between the minimum and maximum front yards in residential districts; and to provide that maximum front yard requirements in multiple purpose districts are to be applied as specified in Table 205-2; 3. Table 205-2, Application of Maximum Front Yard Requirements, to provide for exceptions related to additions; 4. Section 36.2-205(i), Yards-Corner lots and through lots, to provide that the maximum yard requirement shall apply only to the primary frontage; 5. Section 36.2-311, Use table for residential districts, to add "family day home" as a use permitted by special exception in all residential districts; and to specify that any use not listed in the table is not permitted; 6. Section 36.2-312, Dimensional regulations for residential districts, to reduce the minimum lot area per dwelling unit from 3,500 to 2,500 in the RM-1 district, such amendment representing an effective increase in the density permitted in the RM-1 district; to reduce the allowed rear and side yard setback from five feet to zero feet in the R-12 District; and to delete the minimum area of usable open space for accessory structures per dwelling unit in the RMF district; 7. Section 36.2-313, Front yard dimensions for infill development, to provide a method to determine the front yard dimensions for infill development under certain circumstances; 8. Section 36.2-315, Use table for multiple purpose districts, to make establishment of a hotel or motel a use permitted by special exception in the CN District; to make storage building sales a use permitted by special exception in the CG District; to make microbrewery or microdistillery, not abutting a residential district, a permitted use in the CN, CG, CLS, D, and UF Districts; to make microbrewery or microdistillery, abutting a residential district, a use permitted by special exception in the CN, CG, CLS, D, and UF Districts; and to specify that any use not listed in the table is not permitted; 9. Section 36.2-317, Civic space yard option, to specify the area within which a civic space shall be provided; and to specify that a civic space shall provide access from the right-of- way to a primary entrance; 10. Table 319-1, Building Placement and Facade Transparency Requirements, to provide for transparency or vegetation on certain street facing facades for corner lots with three or more frontages; 11. Section 36.2-322, Use table for industrial districts, to make an outdoor storage lot a use permitted by special exception in industrial districts; eating and drinking establishments, abutting a residential district, a permitted use in industrial districts; to make a microbrewery or microdistillery permitted uses in industrial districts; and to specify that any use not listed in the table is not permitted; 12. Section 36.2-336, Comprehensive Sign Overlay District, to permit application of comprehensive sign overlay district regulations to lots within any multiple purpose, industrial, or planned unit development district; and to reduce the minimum size of such overlay district from five (5) acres to two (2) acres; 13. Section 36.2-403, Accessory uses and structures, to regulate the size and height of accessory buildings and to include those structures which are not buildings; 14. Section 36.2-408, Day care centers, child, to specify that the standards do not apply to such establishments that are licensed by the Virginia Department of Social Services; to require a floor plan to determine provided floor area per child; and to amend requirements for outdoor play areas; 15. Section 36.2-411, Gasoline stations, to remove the maximum overall height requirement; 16. Section 36.2-419, Motor vehicle repair or service establishment, to apply standards prohibiting activities involving commercial vehicles, painting, or body repair in the OF District; 17. Sec 36.2-422, Outdoor display areas, to delete the required minimum size of the principal use related to an outdoor display area; and to specify that the gross floor area of the portion of the principal building to which the outdoor display area is dedicated shall be used to determine the maximum size of the outdoor display area; 18. Table 429-1, Temporary Uses, to add mobile food and beverage vending as a permitted temporary use in the CN, CG, CLS, D, ROS, OF Districts, the industrial districts, and PUD districts; 19. Section 36.2-522, Zoning permits, to clarify those activities that require a zoning permit; 20. Section 36.2-540, Zoning amendments, to delete the requirement that an applicant provide information about adjacent property owners with an application; 21. Section 36.2-551; Development plans, generally, to add a requirement for agreements or guarantees where installation of public improvements is required, such similar requirement being deleted from Appendix B-2; 22. Section 36.2-552, Basic development plans, to amend the applicability section that specifies which activities may be undertaken with a basic development plan; 23. Section 36.2-561, Variances, to amend subsections related to standards, findings of the board of zoning appeals, conditions and guarantees; and conforming status to reflect more closely the requirements set forth in the Code of Virginia (1950), as amended; 24. Section 36.2-630, General development standards, to add street trees and street lighting as infrastructure items which may be required; and to replace "pedestrian and vehicular activity" with "need" in determining the level of infrastructure required; 25. Section 36.2-644, Overall tree canopy requirements, to provide that new street trees planted in an adjacent right-of-way may be credited to a site's minimum tree canopy; 26. Section 36.2-645, Street yard trees, to provide for distribution of street yard trees; to provide that at least 50% of required trees be large deciduous trees; to provide that multiple frontages of corner lots be evaluated separately; and to provide that the requirement for street yard trees apply only when a new principal structure is being developed; 27. Table 647-1, Buffering and Screening of Certain Uses and Activities, to add applicability of buffering and screening requirements to PUD districts; and to add screening requirements for an outdoor storage lot; 28. Table 649-1, Buffering, Screening and Landscaping Materials, to provide that shrubs, when used with a screen, be planted on the outside of the screen; 29. Table 654-1, Parking and Loading Area Standards, to provide an exception to the parking area setback when a street screen is used; 30. Section 36.2-661, Applicability, to remove setbacks for exempted signs; to remove the time limit for exempted political signs; and to make window covers on vacant storefronts exempt from sign regulations and maximum window coverage requirements; 31. Table 668-1, Type, Number, and Size of On-Premises Signs, to clarify that sign area limitations apply to a single sign structure; and to add electronic readerboards as permitted signs in the CN, IN, and D Districts; 32. Section 36.2-673, Temporary on-premises signs, to delete the requirement that temporary signs comply with maximum height standards in Section 36.2-669; 33. Appendix A, Definitions, to add definitions of attached structures; to amend the definition of commercial motor vehicle to include school buses and exclude any motor vehicle customarily used for non-commercial purposes; to add a definition of family day home; to add a definition of a fence; to amend the definition of group home; to amend the definition of lot or zoning lot by amending the definition of a through lot; to add a definition of a microbrewery or microdistillery; to amend the definitions of outdoor display area and outdoor storage to exclude the inventory of storage building sales establishments; and to add a definition of a variance; and 34. Appendix B, Submittal Requirements, B-2, Comprehensive Development Plan,to remove certain plan requirements related to clearing and grading related to erosion and sediment control; to add a requirement for an erosion and sediment control plan, as required by Chapter 11.1, Erosion and Sediment Control of the City Code; and to add a requirement for a stormwater management plan, as required by Chapter 11.6, Stormwater Management, of the City Code, to replace certain existing requirements for erosion and sediment control and stormwater management. Tina M. Carr, Secretary, City Planning Commission City Council will hold public hearings on the aforesaid applications on October 20, 2014, at 7:00 p.m., or as soon as the matters may be heard. Stephanie M. Moon Reynolds, MMC, City Clerk Please publish in newspaper on October 1, 2014, and October 8, 2014. Please bill and send affidavit of publication to: Tina M. Carr, 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 Reynolds, MMC, City Clerk 215 Church Avenue, S. W., Suite 456 Noel C. Taylor Municipal Building Roanoke, Virginia 24011-1536 (540) 853-2541 644. _ :Am CITY OF ROANOKE -sr-t. OFFICE OF THE CITY CLERK • .t I rissf 215 Church Avenue, S. W.,Suite 456 Roanoke,Virginia 24011-1536 1'cicphonc: (5411)853-2541 lax: (540)853-1145 5'Il?PIIANII?M.MOON REYNOLDS,MMC, E-mail: clerkaaroanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant City Clerk October 21, 2014 Gary Hunt, President Bookbag Santa, Inc. 1207-A McDowell Avenue, N. E. Roanoke, Virginia 24012 Dear Mr. Hunt: I am enclosing copy of Ordinance No. 40084-102014 exempting from personal property taxation certain personal property located in the City of Roanoke and owned by Bookbag Santa, Inc., an organization devoted exclusively to charitable or benevolent purposes on a non-profit basis, effective January 1, 2015. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 20, 2014; and is in full force and effect on January 1, 2015. Sincerely, Stephanie M. Moon yno MC lds, City Clerk Enclosure pc: The Honorable Sherman Holland, Commissioner of the Revenue The Honorable Evelyn Powers, City Treasurer Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Susan Lower, Director, Real Estate Valuation Amelia C. Merchant, Director of Management and Budget cr IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of October, 2014. No. 40084-102014. AN ORDINANCE exempting from personal property taxation certain personal property located in the City of Roanoke and owned by Bookbag Santa, Inc., an organization devoted exclusively to charitable or benevolent purposes on a non-profit basis; providing for an effective date, and dispensing with the second reading by title of this Ordinance. WHEREAS, Bookbag Santa, Inc., (hereinafter "the Applicant"), has petitioned this Council to exempt certain personal property of the Applicant from taxation pursuant to Article X, Section 6(6) of the Constitution of Virginia; WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Applicant's petition was held by Council on October 20, 2014; WHEREAS, the provisions of subsection B of Section 58.1-3651, Code of Virginia (1950), as amended, have been examined and considered by the Council; WHEREAS, the provisions of subsection C of Section 58.1-3651, Code of Virginia (1950), as amended have been satisfied with respect to exemption of personal property by classification; and WHEREAS, the Applicant agrees that the personal property to be exempt from taxation a 1991 Dodge van and 2014 Toyota van, which shall be used by the Applicant exclusively for charitable or benevolent purposes on a non-profit basis. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council classifies and designates Bookbag Santa, Inc., as a charitable, religious, or benevolent organization within the context of Section 6(6) of Article X of the Constitution of K:A Measures VTax Exempt PP Hoekbag Santa,Inc ID 14 (Inc Virginia, and hereby exempts from personal property taxation current personal property and any future personal property acquired and owned by the Applicant, which property is used exclusively for charitable or benevolent purposes on a non-profit basis; continuance of this exemption shall be contingent on the continued use of the personal property in accordance with the purposes which the Applicant has designated or classified in its application. 2. This Ordinance shall be in fill force and effect on January 1, 2015. 3. The City Clerk is directed to forward an attested copy of this Ordinance to the Commissioner of the Revenue, the City Treasurer, and to Gary Hunt, President, Bookbag Santa, Inc. 4. Pursuant to the provision of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: 2rtkliwastssie 0\1114,41124, City Clerk. K:\Measures\"fax Exempt PP 13oo1<bag Santa,Inc 10 14 doe 4, g CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: October 20, 2014 Subject: Personal Property Tax Exemption Request - Bookbag Santa, Inc. Background: Bookbag Santa, Inc., a Virginia, non-stock, not-for-profit corporation owns and uses certain personal property located at 1207-A McDowell Avenue, N.E., Roanoke. The organization desires that its current personal property, as well as any personal property hereinafter acquired, be designated and classified as exempt from personal property taxes pursuant to the provisions of the Code of Virginia. Bookbag Santa, Inc. is a small Roanoke-based charity that collects unused school supplies from the Roanoke City Public Schools at the end of each school year which would normally be discarded. They collect, organize, and donate the supplies to local organizations here that support needy children as well as ship a portion overseas. The organization's current personal property consists of a 1991 Dodge van (VIN #1 B4GK54ROMX568581 ) and a 2014 Toyota van (VIN#STDKK3DC9ES453062). At the time the petition was submitted, annual personal property and license taxes on the vehicles were $887.04 on a total assessed value of $24,552. Considerations: On May 19, 2003, City Council approved a revised policy and procedure in connection with requests from non-profit organizations for tax exemption of certain property in the City by Resolution 36331 -051903, with an effective date of January 1 , 2003. Based on this policy and procedure, Bookbag Santa, Inc., has provided the necessary information required for applications for exemptions that would take effect January 1 , 2015. As noted above, the assessed value of the personal property at 1207-A McDowell Avenue, N.E. is currently $24,552. The annual personal property taxes due are $847.04. The organization is current on its taxes. The City would be foregoing the personal property tax revenue from the organization going forward. The organization would continue to pay the license tax charges. The Commissioner of the Revenue, Sherman Holland, has determined that Bookbag Santa, Inc. is currently not exempt from paying personal property taxes by classification or designation under the Code of Virginia. The IRS recognizes the organization as a 501 (c)(3) tax-exempt organization. Notification of a public hearing to be held October 20, 2014, was duly advertised in the Roanoke Times. Recommended Action: Adopt an ordinance that will grant Bookbag Santa, Inc. an exemption from personal property taxation pursuant to Article X, Section 6 (a) 6 of the Constitution of Virginia, and Section 58.1 -3651 , Code of Virginia (1950), as amended, effective January 1 , 201 5, for its current personal property and its after-acquired personal property to the extent that such property is used for the charitable purposes of Bookbag Santa, Inc. Christopher P. Morrill City Manager Distribution: Honorable Sherman A. Holland, Commissioner of the Revenue Honorable Evelyn W. Powers, City Treasurer Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Assistant City Manager for Operations Amelia Merchant, Director of Management and Budget Gary Hunt, President, Bookbag Santa, Inc. 2 The Roanoke Times Account Number Roanoke,Virginia 6023794 Affidavit of Publication Date BOOKBAG SANTA,INC. October13,2014 Attn Gary Hunt,President 1207-A MCDOWELL AVENUE.N.E. ROANOKE,VA 24012 Date Category Description Ad Size Total Cost 10/19/2014 Municipal Notices NOTICE OF PUBLIC HEARING Notice is hereby given that th 1 x 39 L 237.04 Publisher of the NOTICE OF PUBLIC Roanoke Times HEARING Notice is hereby given that the City Council I,(the undersigned)an authorized representative of the of the City of Roanoke will hold a public hearing at its regular meeting to be hem on Roanoke Times,a daily newspaper published in Roanoke,in the October 20.2014.commencing at 7:00 p.m..in the Council Chamber,4th Floor.Noel C.Taylor State of Virginia,do certify that the annexed notice NOTICE OF Municipal Building. 215 Church Avenue, SW.. g of ano rd ordinance pursuant the question of adoption PUBLIC HEARING was published in said newspapers on the of an ke.Vince a nRant to soon Section 58.1-3651.oion P Code of Virginia (19501. as amended. approving the request of Bookbag Santa,Inc.. following dates: a nonprofit organization for designation and classification of its personal property.located at 1207-A McDowell Avenue, Roanoke.Virginia as exempt from taxation, and such after acquired personal property. The total assessed value of the applicant's 10/13/2014 t P LA Y4. 'r current personal property for tax year 2014 is $24,552.00.and consists of two vehicles,a 1991 O xi/ c Dodge van and a 2014 Toyota van.with a total • personal property tax assessment of$547.04 �, 01 NY' V for the 2014 tax ear. et 11G * ' heard and sexy express er opinions tan othii - FU�, _0`=x matter.y I r.P If you area person with s public he who eta t the City Clerk' for this (54) 53-25419.. The First insertion being given ... 1D/13/2014 = -{c r'C"cat -` by 12:00 noon City hursd y.Oct (er 16, 02541, by 12:00 noon on Thursday.October l6,IgIA LIL�� � j GIVEN under my hand this 9th day or October. Newspaper reference: 0000088192 ,7, `: ..• 'On^� � r;t Stephanie M.Moon Reynolds.city Clerk ry ;Nf''''t+i"` (-9192) Sworn to and subscribed before me this Monday,October 13,2014 • aceNotary Pu. Bil n' Rep,''j�ve State of Virginia City/County of Roanoke „,.31_t5 My Commission expires U THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU 122C NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of Roanoke will hold a public hearing at its regular meeting to be held on October 20, 2014, commencing at 7:00 p.m., in the Council Chamber, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia on the question of adoption of an ordinance pursuant to Section 58.1-3651,Code of Virginia (1950), as amended, approving the request of Bookbag Santa, Inc., a nonprofit organization for designation and classification of its personal property, located at 1207-A McDowell Avenue, Roanoke, Virginia as exempt from taxation, and such after acquired personal property. The total assessed value of the applicant's current personal property for tax year 2014 is $24,552.00, and consists of two vehicles, a 1991 Dodge van and a 2014 Toyota van, with a total personal property tax assessment of$887.04 for the 2014 tax year. Citizens shall have the opportunity to be heard and express their opinions on this matter. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office, (540)853-2541, by 12:00 noon on Thursday, October 16, 2014. GIVEN under my hand this 9th day of October , 2014. Stephanie M. Moon Reynolds, City Clerk. K:WMFASURENTAX EXLM PH NOTICE PP BOOKBAO SANTA 10 14 DOC Note to Publisher: Please publish once in The Roanoke Times, on Monday, October 13, 2014. Please send bill to: Please send affidavit of publication to: Gary Hunt, President Stephanie M. Moon Reynolds Bookbag Santa, Inc. City Clerk's Office 1207-A McDowell Avenue,N. E. 456 Noel C. Taylor Municipal Building Roanoke, Virginia 24012 215 Church Avenue, S.W. (540) 342-2083 Roanoke, VA 24011 (540) 853-2541 K:`:NOTICES':2014\OCTOBER\NPH-TAX EXEMPT BOOKBAG SANTA.DOC P Y . • (.« 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 REYNOLDS,MM(' E-mail: cicrk(daoanokcva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk September 3, 2014 Christopher P. Morrill City Manager Roanoke, Virginia Dear Mr. Morrill: I am attaching copy of a petition from Bookbag Santa, Inc., a Virginia non-stock, not-for- profit corporation, dated May 29, 2014, which was filed in the City Clerk's Office on Tuesday, September 2, 2014, requesting exemption for personal property located at 1207-A McDowell Avenue, N. E., to be used exclusively for charitable and benevolent purposes in picking up and delivering school supplies and transporting display materials to Elmwood Park and the Roanoke Civic Center, pursuant to Section 58.1-3651, Code of Virginia (1950), as amended. Petitions forwarded by the City Clerk to the City Manager by April 15 for evaluation and recommendation to City Council will have an effective date of July 1st. Petitions forwarded by October 15th will have an effective date of January 1st. Sincerely, Stephanie M. Moon Reynolds, City Clerk Attachment pc: Gary Hunt, President, Bookbag Santa, Inc., 1207-A McDowell Avenue, N. E., Roanoke, Virginia 24012 The Honorable Sherman A. Holland, Commissioner of the Revenue Daniel J. Callaghan, City Attorney Susan S. Lower, Director, Real Estate Valuation R. B. Lawhorn, Budget Management Analyst, Office of Management and Budget /ckcwl/taxexempt/bookbag santa(2014).doc • Ms. Stephanie Moon Bookbag Santa, Inc. 501c3 #26-1894692 215 Church Ave. SW Keeping School Supplies Where They Roanoke, VA 24011 Belong- Out Of The Landfill ! boo kbagsanta@ ver i zo n.net www.bookbagsanta.com Hello- May 29, 2014 Bookbag Santa is a small, Roanoke-based charity that collects school supplies at the end of the school year, and donates 2 tons of good usable supplies to poor kids in Roanoke, and overseas every year. In the process, we keep the same 2 tons out of the Roanoke landfill... We don't produce, or sell anything. We have no stores, factories, or real estate, and our annual income is normally less than $1,000, all from donations. We are a 501c3 charity, and in 2013, we won a national competition to get a new van from Toyota. We received it in February, 2014, and I got an $883 tax bill a month later. It has been paid. Obviously, this is a crippling expense, even on a one-time basis. I am hereby requesting a ruling by the Roanoke City Council on a personal property tax exemption for Bookbag Santa, Inc. based on the facts that we are a 501c3 charity, raise barely more income than the current tax, and the only property owned by the corporation are a 1990 bodge van, and a 2014 Toyota van. Both are used for picking up & delivering school supplies, and display/exhibit materials. Yours- r • 1 Gun.y Nun Boor'I3Ac SAN to Gary Hunt, Presdent , Keeping school supplies where cr�:' they belong- out of the landfill... Bonkba Santo, Inc "'""�' g � and having fun while we're at it 1207-A McDowell Ave. NE Gary Hunt,President Roanoke,VA 24012 '"°- .""� "`-" - _ •....� � " 120,7-A McDowell Ave.NE 540-i42-Z0 Ei3 Roanoke,VA,LISA24012 540-342-2083 www.bookbagsant a.com 501c3 #2 6-1 844692 VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE RE: PETITION FOR EXEMPTION FROM TAXATION OF CERTAIN PROPERTY PURSUANT TO ARTICLE X, SECTION 6(a)(6)OF THE CONSTITUTION OF VIRGINIA TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF ROANOKE: la. Your Petitioner, a Virginia, non-stock, not for profit corporation owns certain real property, located at in the City of Roanoke, Virginia, which property is City of Roanoke Tax Map ID # ,with a total assessed value of$ and a total of$ in real property taxes that were paid or would have been paid in the most recent year, desires to be an organization designated pursuant to the provisions of Sec.58.1-3651,of the Code of Virginia,as amended, in order that the referenced real property,to be used exclusively for charitable and benevolent purposes in (Describe proposed use of real property,if applicable.) be exempt from taxation under the provisions of Article X, Section 6 (a)(6)of the Constitution of Virginia so long as your Petitioner is operated not for profit and the property so exempted is used in accordance with the purpose for which the Petitioner is classified. (If requesting exemption for personal property,complete section 1.b) lb. Your Petitioner, ,6 schc 4 4nntn, =oc , a Virginia, non-stock,not for profEcorporation owhs certain personal property, located at I 764 )l1r no o r%.1 twin the City of Roanoke, Virginia, with a total assessed value of$_anaaa and a total of $ tg577,D1 in personal property taxes that were paid or would have been paid in the most recent year.desires to be an organization designated pursuant to the provisions of Sec. 58.1-3651,of the Code of Virginia,as amended, in order that the referenced personal property, to be used exclusively for charitable and benevolent purposes in �i c 1<i n3 CA & tC\ PA, e-r; .\3 3c io0\ 5.LN?? i P5, oak nc\ A' S ylay vrtaN. ex- cv\S 4-n �`�w� a0 A �rsrlZ nr A - -\,r, C,iv C Nrtte r (Describe proposed use of petsonal property,if applicable.) be exempt from taxation under the provisions of Article X,Section 6 (a)(6)of the Constitution of Virginia so long as your Petitioner is operated not for profit and the property so exempted is used in accordance with the purpose for which the Petitioner is classified. 2. Your Petitioner agrees to pay to the City of Roanoke, an annual service charge in an amount equal to twenty percent(20%)of the City of Roanoke tax levy, which would be applicable to this real estate,were our organization not be tax exempt, for as long as this exemption continues. 3. Your Petitioner, if located within a service district,agrees to pay to the City of Roanoke an annual service charge equal to the additional service district tax that would be levied for as long as this exemption continues. 4. Your Petitioner agrees to provide information to the Director of Real Estate Valuation upon request to allow a triennial review of the tax exempt status of your Petitioner. The following questions are submitted for consideration: I. (Q): Whether the organization is exempt from taxation pursuant to Section 501 (c)of the Internal Revenue Code of 1954. (A): Your Petitioner was granted exemption from taxation pursuant to Section 501 (c)of the Internal Revenue Code of 1954 on `f(10,`.), 2O049 50' (r)3 20-49402_ 2. (Q): Whether a current alcoholic beverage license for serving alcoholic beverages has been issued by the Alcohol Beverage Control Board to such organization for use on such property. (A): NO 3. (Q): Whether any director,officer or employee of the organization has been paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director,officer or employee actually renders. (A): No 4. (Q): Whether any part of the net earnings of such organization inures to the benefit of any individual,and whether any significant portion of the service provided by such organization is generated by funds received from donations,contributions or, local. state or federal grants. As used in this subsection,donations shall include the providing of personal services or the contribution of in-kind or other material services. (A): /10 5. (Q): Whether the organization provides services for the common good of the public. (A): Your Petitioner provides services for the common To good of the public in as much as it ne) C - c e 5c�+o3 (Describe the public se ice) S`A??1(e-5 -k koca.-1 or-'jan; S oxt ©n flnnl Vseep5 Z- 4c" 0� usec\ su > 1'IS n%.�- 0S- -1-k, a�e ln ■' e&c-u. y eac t= 6. (Q): Whether a substantial part of the activities of the organization involves carrying on propaganda,or otherwise attempting to influence legislation and whether the organization participates in,or intervenes in,any political campaign on behalf of any candidate for public office. (A): NC 7. (Q): Whether any rule, regulation,policy or practice of the organization discriminates on the basis of religious conviction, race,color,sex or national origin. (A): Ale-) 8. (Q): Whether there is a significant revenue impact to the locality and its taxpayers of exempting the property. (A): No 9. (Q): Any other criteria, facts and circumstances,which the governing body deems pertinent to the adoption of such ordinance. (A): (Provide as necessary). Note: All Tax Exemption Petitions must be filed with the City Clerk's Office. 3 THEREFORE,your Petitioner, l3oQK'oo 6 Ck, Jrr respectfully requests to the Council of the City of R noke that this real or personal property,or both,of your Petitioner be designated exempt from taxation so long as your Petitioner is operated not for profit and the property so exempt is used for the particular purposes of providing r6a�`J�Ot (l�rcou r>31-- 5C1Af3o1 "Sc \1e.-5 41 OCiS?vQ v4 wic koc; o.l 5, • (Repeat proposed use of property). Respectfully submitting this 2day aN.2014• By: side 4 DEPARTMENT OF MANAGEMENT & BUDGET Noel C. Taylor Municipal Building o5 Church Avenue, SW, Room 354 Roanoke, Virginia 24011 ROA N O K E 540.853.6800 fax: 540.853.2//3 October 10, 2014 Mr. Gary Hunt President Bookbag Santa, Inc. 1207-A McDowell Avenue, NE Roanoke, VA 24012 Dear Mr. Hunt: Bookbag Santa, Inc. filed a petition in the City Clerk's Office on September 2, 2014 requesting exemption from taxation on personal property located at 1 207-A McDowell Avenue, NE. The personal property is identified as a 1991 Dodge van and a 2014 Toyota van. Pursuant to the requirements of the Virginia Code, the City of Roanoke is required to hold a public hearing if it wishes to consider a petition for a tax exemption. At a regular session of the Roanoke City Council held on Thursday, October 9, 2014, the Council approved a request of the City Manager to hold a public hearing on Monday, October 20, 2014, at 7:00 p.m., or as soon thereafter as the matter may be heard, to receive citizen comments on the request. Notices of a public hearing with regard to the matter will be published in the Roanoke Times. Your organization will be billed for the amount incurred for publishing the notices. I am forwarding you an initial draft copy of a Council Report dated October 20, 2014, from the City Manager's Office addressed to the Mayor and Members of City Council regarding the petition. Although we are recommending authorization for exemption from personal property taxation on the current property as well as any personal property hereinafter acquired, please be advised that the final decision with regard to the exemption rests with City Council. Council will also consider citizen comments from the public hearing. It is suggested that you be present at the public hearing on October 20th to respond to questions that may be raised regarding the petition. The session will be held in the City Council Chambers, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W. You may wish to register with City Clerk staff at the desk outside Council Chambers immediately prior to the public hearing. If you have any questions regarding this information, please feel free to call me at 540-853-1 643 or email me at rb.lawhorn @roanokeva.gov. Sincerely, R. B. Lawhorn, Jr. Budget/Management Analyst Department of Management and Budget Enclosure c: Stephanie M. Moon, City Cleric t CITY OF ROANOKE ....,•-•! .. OFFICE OF THE CITY CLERK I 215 Church Avenue,S.W.,Suite 456 Vr , Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: eterk(atroanokeva.gov JONATHAN E.CRAFT,CMC' STEPHANIE M.MOON REYNOLDS,MMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant City Clerk October 21, 2014 Compton M. Biddle, Esquire OPN LAW 3140 Chaparral Drive, S .W., Suite 200 Roanoke, Virginia 24018 Dear Mr. Biddle: I am enclosing copy of Ordinance No. 40085-102014 permanently vacating, discontinuing and closing a portion of Lukens Street, N. W., adjacent to Official Tax Map No. 3080134, as more particularly described hereinafter. Ordinance No. 40085-102014 further ordains that you shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in such Clerk's Office; and upon a certified copy of this ordinance being recorded by the Clerk of the Circuit court, you shall file with the City Engineer the Clerk's receipt demonstrating that such recordation has occurred. If the above conditions have not been met within one year from the date of the adoption of this ordinance, then Ordinance No. 40085-102014 shall be null and void with no further action by City Council being necessary. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 20, 2014; and is in full force and effect upon its passage. S�erincerel�y,, r �] Stephanie M. Moon eynolds, MMC City Clerk Enclosure Compton M. Biddle, Esquire October 21, 2014 page 2 pc: Claude and Madeleine Smith, 2306 Liberty Road, N. W., Roanoke, Virginia 24012 Blue Eagle Partnership, LLC, 1502 Williamson Road, N. E., Roanoke, Virginia 24012 Manesh Patel, Member, Krishna Properties, LLC, 2201 Liberty Road, N. E., Roanoke, Virginia 24012 Wayne Heath, 367 Quail Hollow Drive, Fincastle, Virginia 24090 Tierra Rose, 3001 18th Street South, Arlington, Virginia 22204 Barry Beamer, 2210 Court land Road, N. W., Roanoke, Virginia 24012 Calvin Powers, P. O. Box, 12068, Roanoke, Virginia 24022 The Carpet Shop of Roanoke, 1502 Williamson Road, N. E., Roanoke, Virginia 24012 Downtown Holdings, LLC, 1009 First Street, S. E., Roanoke, Virginia 24016 Southern Estates, LLC, 418 First Street, S. W., Roanoke, Virginia 24011 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Steve Talevi, Assistant City Attorney Philip Schirmer, City Engineer Susan Lower, Director, Real Estate Valuation Tina Carr, Secretary, City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of October, 2014. No. 40085-102014. AN ORDINANCE permanently vacating, discontinuing and closing a portion of Lukens Street, N.W., adjacent to Official Tax Map No. 3080134, as more particularly described hereinafter; and dispensing with the second reading of this Ordinance by title. WHEREAS, Krishna Properties, LLC, filed an application with the Council of the City of Roanoke, Virginia ("City Council"), in accordance with law, requesting City Council to permanently vacate, discontinue and close a certain public right-of-way described hereinafter; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held on such application by City Council on October 20, 2014, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, City Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: 1 0.1331 acres of right-of-way bounded by corner 5, to 9 through 13, and back to corner 5, inclusive, according to the "Vacation and Combination Plat for Krishna Properties, LLC, and the City of Roanoke," surveyed July 16, 2014, by Balzer and Associates, showing the vacation of 0.1331 acres within Lukens Street, N.W., showing the right-of-way to be vacated by the City of Roanoke and made a part of Official Tax Map 3080134, and creating Parcel 1A (0.8213 acre) situated along Liberty Road, N.W., Courtland Avenue, N.W. and Lukens Street,N.W., in the City of Roanoke, Virginia. be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as City Council is empowered so to do with respect to the closed right-of-way, reserving however, to the City of Roanoke and any utility company or public authority, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sanitary sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across such public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise dispose of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for 2 the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in such Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the applicant, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of one year from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. BE IT FINALLY ORDAINED that pursuant to the provisions of§12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: AttOsttitmei City Clerk. 3 11fr ''" � CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: October 20, 2014 Subject: A request by Krishna Properties, LLC, by Manish Patel, authorized representative, to vacate portions of Lukens Street, N.E., and Liberty Road, N.E., adjacent to 2201 Liberty Road, N.E., Official Tax Map Number 30801 34. Recommendation: The Planning Commission held a public hearing on October 14, 2014. By a vote of 7 - 0 the Commission recommended to vacate the right-of-way as amended during the Planning Commission public hearing. The vacation will allow for an exchange of right-of-way by dedication of the applicant that will correct a current issue with the owner's property on Liberty Road. Vacation should be subject to the following conditions: 1 . The applicant shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals of, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Such plat shall combine all properties which would otherwise dispose of the land within the right-of-way to be vacated in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right-of-way, including the right of ingress and egress. 2. Upon meeting all other conditions to the granting of the application, the applicant shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the petitioner, and the names of any other parties in interest who may so request, as Grantees. The applicant shall pay such fees and charges as are required by the Clerk to effect such recordation. 3. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant shall file with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. 4. The applicant shall take such steps as are necessary to dedicate the right- of-way as proposed by the applicant. S. If the above conditions have not been met within a period of one year from year the from the date of adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. Application Information Request: Alley vacation Adjoining Krishna Properties, LLC Owner/applicant City Staff Person: Frederick Gusler Site Address/Location: 2201 Liberty Rd, NE Official Tax Nos. of 30801 34 adjoining properties: Site Area: .1331 acre to be vacated, .0922 acre to be dedicated Existing Zoning: CN; Neighborhood Commercial Proposed Zoning: CN; Neighborhood Commercial Existing Land Use: Commercial; convenience store Proposed Land Use: Commercial; convenience store Neighborhood Plan: Williamson Road Area Plan Specified Future Land Commercial Use: Filing Date: August 29, 2014 Background The applicant plans to further develop the property at 2201 Liberty Road, NE. After surveying the parcel, the applicant enquired about the unused right-of- way on Lukens Street that adjoins his property. Upon a review of preliminary surveys it was revealed that the applicant's property currently extends into the travel lane of Liberty Road. Considerations The existing portion of right-of-way to be vacated on Lukens Street currently appears to be part of the applicant's gravel parking lot. There is no curb or sidewalk defining the right-of-way. The portion of right-of-way to be dedicated at Courtland and Liberty Roads is currently land owned by the applicant that actually extends into the travel lane of Liberty Road. In addition, a utility pole lies within the applicant's property. 2 The proposed dedication of right-of-way will correct this issue such that all of the travel lane and the utility pole will be within the right-of-way. This dedication will also allow for future streetscape improvements, such as curb, gutter and sidewalk along Liberty Road. The proposed vacation and dedication are roughly similar in area, with .13 acre to be vacated and .09 acre to be dedicated. Surrounding Zoning and Land Use: Zoning District Land Use North CN; Neighborhood Commercial District Commercial, Industrial South 1 -1 , Light Industrial District Industrial East RM-1 , Residential Mixed Density District Residential West CN; Neighborhood Commercial District Vacant Compliance with the Zoning Ordinance: The zoning map will not be impacted by the vacation. Conformity with the Comprehensive Plan and Neighborhood Plan: Vision 2001-2020 encourages infill, new development, street improvements, and new development of underused sites to conform to the general design principles found in City Design: The Plan's Unifying Theme. This vacation will not alter the development pattern of the neighborhood in a negative manner and will not affect connectivity within the area. The proposed vacation and dedication will allow for future improvements along Liberty Road and Lukens Street. Public Utilities: The Western Virginia Water Authority, Roanoke Gas, Appalachian Power and Verizon do not have any issues with this proposed closure. City Department Comments: None Public Comments: None 3 Planning Commission Public Hearing_ The Assistant City Attorney asked the applicant if the application was correct with respect to the quadrant address of the right-of-way. The applicant's attorney agreed to review the ordinance with the Assistant City Attorney prior to the Council hearing. Mr. Hale motioned to amend the application to grant as set forth in the development plan attached to the application and with conditions set forth in the staff report. Chi" V67,1, grA4/71- Chad VanHyning, Chair City Planning Commission cc: Chris Morrill, City Manager R. Brian Townsend, Assistant City Manager Chris Chittum, Director of Planning Building & Development Ian Shaw, Planning Commission Agent Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney 4 .E APPLICATION STREET OR ALLEY VACATION ROANOKE RECEIVED AUG 2 9 2014 Date: CITY OF HOANOKE To: Office of the City Clerk PLANNING BUILDING& ❑ Original Application Fourth Floor, Noel C. Taylor Municipaai building 215 Church Avenue, S.W. ❑ Amended Application Roanoke, VA 24011 No. Phone: (540) 853-2541 Fax: (540) 853-1145 All submittals must be typed and include all required documentation and a check for the filing fee. Application is hereby submitted for street or alley vacation for the property located at: Location and description of street or alley to be closed: 0.1331 acres in right of way bounded by corner 5 to 9 through 13 to 5,inclusive,according to the"Vacation and Combination Plat for Krishna Properties, LLC and the City of Roanoke'by Balzer &Associates showing the vacation of 0.1331 acre within existing Lukens Street r/w to be vacated by the City of Roanoke and to be combned with and made a part of Tax Parcel 3080134 creating Parcel 1A(0.8213 acre)situated along Liberty Road,N.W., Courtiand Avenue, N.W.,and Lukens Street, N.W., City of Roanoke,Virginia(copy of plat attached hereto) Proposed use of vacated street or alley: a parking lot Name of Applicant/Contact Person: Krishna Enterprises,LLC/Compton M. Biddle, Esq. Mailing Address: 3140 Chaparral Drive,SW, Roanoke,VA 24018 Telephone: ( ) 725-8197 Fax: ( ) 774-0961 E-mail: cbiddle @opnlaw.com Applicant(s) signature(s): V.CAS tisit P or T LEs r LLC_. i3y - t4ANisri PkrELI ptFrASE0- ✓ I have read, signed and dated the attached page outlining conditions required for a successful closure. 5 1 INST. # NOTES: LEGEND KNOW ALL MEN BY THESE PRESENTS TO WIT: 0 1. OWNER OF RECORD: KRISHNA PROPERTIES.0 LLC • - IRON PIN FOUND THAT KRISHNA . BOUNDED LLC IS THE FEE SIMPLE OWNER OF THE LAND INSTRUMENT NO. 140005759 - SHOWN HEREON. BOUNDED BY CORNERS 1 THRU 8 TO 1, INCLUSIVE. MD IS TM MAP M 30801 34 H - IRON AIL FOUND R6 PART OF THE SAME LAND CONVEYED TO SAID OWNER BY DEED RECORDED IN CITY OF ROANOKE A - NAIL SET qr. THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF ROANOKE, LUKENS STREET R/W 0 - PLATTED CORNER WD,. VIRGINIA IN INSTRUMENT NO. 140005]54 �- .'YO qO 2. THIS PUT WAS PREPARED WRXOUT THE BENEFIT OF A CURRENT THE ABOVE DESCRIBED OWNER BY VIRTUE OF THE RECORDATION OF THIS PLAT TITLE REPORT AND THERE MAY EXIST ENCUMBRANCES WHICH b� ` DOES HEREBY DEDICATE TO THE CITY OF ROANOKE IN FEE SIMPLE TITLE, THE AFFECT THE PROPERTY NOT SHOWN HEREON. •Y LND SHOWN HEREON AS SET APART FOR PUBLIC STREETS BEING 0.0922 3. PROPERTY MAY CONTAIN UNDERGROUND UTILITY SERVICE LINES. ACRE(5)SOUL 4. THIS PROPERTY DOES NOT LIE WITHIN THE UNITS OF A 100 YEAR j THE ABOVE DESCRIBED OWNER BY VIRTUE OF THE RECORDATION OF THIS PLAT FLOOD BOUNDARY AS DESIGNATED BY CURRENT FEMA MAPS. G Amp AW DOES HEREBY GRANT TO THE CI17 OF ROANOKE MO ANY UTILITY COMPANY OR PROPERTY IS IN ZONE % UNSHADED. SEE MAP 51161C0162G PUBLIC AUTHORITY. AN EASEMENT FOR ANY EXISTING PUBUC UTILITIES LOCATED (MAP REVISED DATE: SEPTEMBER 28, 2007). .b WITHIN THE AREA SHOWN HEREON AS A PORTON OF VACATED LUKENS STREET. 5. IRON PINS WILL BE SET AT ALL CORNERS, P.C.'S N.W., TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS FOR THE & PT'S UNLESS OTHERWISE NOTED. WJNTEFANCE OR REPLACEMENT OF SUCH LINES, MAINS, OR UTIUTIES AS 6. PROPERTY IS CURRENTLY ZONED CN. VIC ITY IN ORDINANCE / DATED __ 7. IMPROVEMENTS AS SHOWN HEREON ME BASED ON A FIELD SURVEY VAC IN II / MAP THE PUTTING OF THE LAND SHOWN HEREON IS WITH THE FREE CONSENT MD PREPARED BY BALZER k ASSOCIATES. INC. DATED APRIL 16. 2014. NO SCALE IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNER OR PROPRIETORS 8. SEE CITY OF ROANOKE ORDINANCE N , VACATING • OF THE LAND MD THE TRUSTEES OF ANY DEED OF TRUST, OR OTHER INSTRUMENT A PORTION OF LUKENS STREET, N.W. IMPOSING A UEN UPON SUCH LAND. IF ANY THERE BE, AS REQUIRED BY SECTION / / 15.2-2240 THROUGH 15.2-2279 OF THE CODE OF VIRGINIA (1950) IS AMENDED, \ /J / / COORDINATE UST(ASSUMED) MD THE SUBDIVISION ORDINANCE OF ROANOKE CITY, VIRGINIA. CURVE LENGTH (� 5 / CORNER NORTHING EASING ARC IN WITNESS WHEREON ARE HEREBY PLACED THE FOLLOWING SIGNATURES AND Seel S; LEVCIN JSTI \ // G 1 / / / 1 4682HING EASTIN95 DELTA=90500' \ \ 1.P ) / / 2 4672.1096 4759.6940 KRISHNA PROPERTIES. LLC - OWNER 8 DELP0 BFAMNC=87720'WT N \ \ W / �O1'e 0o S / / 3 46e7.2316 4]35.904] CHORD(EM1STH=JSJ6' N \ \ 0,011)66 / / 4 4677.7087 4671.2592 BT: IT'S TANGENT=2500' N/T \ / 0t 10. k / 5 4605.1265 4808.4279 94RRY L. REAMER \ \ / L V VPP / 6 4609.4133 6601.6556 INST.1600001916 \ \ C 41tFj. / �).)d(,OA / / 7 4715.0322 4668.5111 CURVE C2 T.M./30Bwu \ ARC LENGTH=11.08' \ \ / Oa G�OM1 / / B 4722.7859 4703.0105 PRINT NAME MINES=.0..W _ \ '''`c°‘5# / DELTA =01270) \ \ / 0t .d�� / 1 4682.6)1) 4766.3795 CHORD 9FNHNC=581'36'26V N/F o Y PENCE \nY.�\ V1V\VYYLV' / ) / CHORD LENGRI=65.24" tP} 4") / TANGENT- NOS, /IERRPA T,ROSE \ \ \ / eG�pM1G COORDINATE LIST(ASSUMED) INST/IJ0006352 b O A ,,q / T.M./3030140 \ \ \ / *‘0.50t Y' / CORNER NORTHING EXSTING Z. N \ \/ ,0,s, ) f 5 4605.1265 4608.4279 STATE OF VIRGINIA /F \ Bt6H / 0L99, / 9 4600.8390 4615.2001 N w NRfAO , "\\ / 9V GQ'OM1O / 10 4593.2885 4606.4628 ..- WAYNE U HEATH S / AREA ` '$�\ \ / Oq'SOM Y06 / ,.1 11 6431.]56] 4555.09 34 OF 2 MIST/0300/4046 I o \ 0t W �' pp' TM /3080739 F. I him .+W,N (/ N\1Y Nu 90 p' 12 4428.2936 4539.8647 A NOTARY PUBLIC IN ly` PIPE N rO \ \ BtpY' Ayt A, 13 4505.6352 4522.3023 AND FOR THE AFORESAID STATE DO HEREBY CERTIFY THAT FAY!® ®532'10'pOW 15000"(TOTAL)- I RABL (' 5 4605.1265 4608.ID9 WHOSE 1 171..50 Vru_O� I 1 SRN/ ,W NAME IS SIGNED TO THE FOREGOING INSTRUMENT, HAS a_ s .% y _'HU -- i^ II01 �o��g\ \ N\ 5ti6 55�PI PERSONALLY APPEARED BEFORE ME AND ACKNOWLEDGED THE SAME ON THIS_ DAY OF . 20_ - VI - - _ -. - �I O'R N LOA4C0 I P 5)I' `ASPHAL I Y"R4>F! JP HEREBY CERTIFY THAT THIS PUT IS FROM A CURRENT REG / Ni ® ARTY RAW NRf 7 ARE< �� 1 _� l$ KNOWLEDGE SURVEY IS CORRECT TO THE BEST OF MY NOTARY PUBUC g' CPA KC AREA R/8,LING K� MY COMMISSION EXPIRES re c, PARCEL lA °c TO BE VACIl� OIA WATER 0.8213 AC. _ �� s© NEW RAW LB/C JOHN R. MCAOEN 002002 V ((p�N�` " - 35177 5E OOw 1]011 Rry 584°1470 ahnrzs 0 011 I� 1°.52.----Y y6 ® LI® - `s1e"12 ,PVP*/ NUTH OF AC IN RAW BOUNDED BY G SNU--y aMU OHIT_ •Y OHU- 4 N .J CORNERS 1 THROUGH B c P 'Z A9W A-1NF' TO I, NCLUSIVE.HEREBY DEDICATED 0 WE 0 N3170 00-E 1111500 O. N40'S15J E TJJ 59°Y �A� HN •' 1 CITY OF ROANOKE FOR RAW o LPR0PLRIY LINE,UBE _- © LR4AARaLA , ..0 002 D PURPOSES 70 BE NACA7/0 RN Rggp N� VACATION AND COMBIN ARON PLAT FOR Y V EASEEMENT RAW Dawes -SHADING DENOTES o/JT1 Ac IN & THE ACITY OFRROAN IANC s1dNE4WP Md 1,PC 1395 b RAW BOUNDED BY CORNERS SHOWING 0.0922 ACRE y APPROVED: I 5 TO 9 THROUGH 13 TO 5. FROM TAX PARCEL 3080134 W ■ LINE TABLE INCLUAK VACATED BY TO BE DEDICATED TO `if Y F • • • ••pN•KC • '� LINE BEAR/NG DISTANCE HERESY fBNED 10TH AND MAW THE CITY AOFF ROANOKACRERWITHIN PUb,S 0 LI A141'44'131- 1012' N L2 N5T40"00'W 9503' APART OF TAX PARCEL J0.901J4 EXISTING LUKENS STREET R/ O ,2 VACATED BY ORDINANCE/___s! 0 40 80 120 L3 55740'00'£ 502" TO BE COMBINED WITH AND MADE A T Q• m SUBDIVISION AGENT DATE I L4 85740 100W 5O1' TAX PARCEL 3080134 ' M J SCALL: 1"-40 LS N5T40'DEAN 2911' CREATING HEREON i E L6 57720'OOW l5)9" PARCEL lA (0.8213 ACRE) 0 0 IN IRE CLERK'S OFFICE OF THE CIRCUIT COURT OF CITY OF ROANOKE SITUATED ALONG LIBERTY ROAD. Q j. VIRGINIA, THIS MAP WITH THE CERTIFICATE OF ACKNOWLEDGMENT COURTLAND AVENUE, N.W. THERETO ANNEXED IS ADMITTED TO RECORD AT O'CLOCK AND LUKENS STREET, N.W lift. _.M. ON THIS DAY OF . 2O_. IN CITY OF ROANOKE, VIRGINIA : ' . INSTRUMENT ® SURVEYED J08 el 410214.004 THE RECORDATION OF THIS PLAT OF SUBDIVISION DOES NOT CONSTITUTE A SCALE: 1 OF I TEST£: BRENDA 5 HAMII TON SHEET 1 OF 1 CONVEYANCE OF LAND. ANY LOTS. PARCEL OR TRACT OF LAND SHOWN HEREON CLERK THAT IS INTENDED FOR SALE AND/OR CONVEYANCE MUST BE CONVEYED BY DEED -_ TEL: 540-]]2-9590 SAX. 540-]]2-8050 AND SAID DEED MUST BE RECORDED IN THE OFFICE OF THE CLERK OF THE .DRN. SJ� PLANNERS ARCHITECTS ENGINEERS SURVEYORS CIRCUIT COURT OF THE CITY OF ROANOKE. Ce*M. JHM 0alxc, & Ass 000:es, Inc. 1206 Corporate Circle Roanoke Va. 24019 DEPUTY CLERK O°m0 "'""73d LLC RESOLUTION Pursuant to Section 13.1-1022 of the Code of Virginia, the Members of KRISHNA PROPERTIES, LLC do execute this unanimous written consent to the following resolution: RESOLVED that the Company approves and authorizes the 0.0922 acre from Tax Parcel 3080134 to be dedicated to the City of Roanoke for r/w purposes and the vacation and closing of 0.1331 acres by city ordinance within existing Lukens Street r/w and Liberty Road r/w to be vacated by the City of Roanoke and to be combined and made a part of Tax Parcel 3080134 creating Parcel IA (0.8213 acre) situated along Liberty Road, N.W., Courtland Avenue, N.W. and Lukens Street, N.W., City of Roanoke, according to the "Vacation and Combination of Plat for Krishna Properties, LLC and the City of Roanoke" by Balzer & Associates, and authorizes Manish Patel, sole member and manager, to execute any and all documents related to said dedication and vacation on behalf of the Company. The above resolution is hereby unanimously adopted. KRISHNA PR PER IES LLC Manish Pate , Sole vlember and Manager RECEIVED AUG 2 9 2014 CITY OF ROANOKE PLANNING BUILDING& DEVELOPMENT Page 1 of 1 Post Approval Conditions Any right-of-way vacation approved by City Council is subject to the conditions below. These conditions relate to preparation and approval of the plat, and the recordation of the plat and the ordinance. A period of one year is provided to have the plat and ordinance recorded. Street and alley right-of-way vacations may be subject to the following conditions: 1. The applicant shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals of, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Such plat shall combine all properties which would otherwise dispose of the land within the right-of-way to be vacated in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right-of-way, including the right of ingress and egress. 2. Upon meeting all other conditions to the granting of the application, the applicant shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the petitioner, and the names of any other parties in interest who may so request, as Grantees. The applicant shall pay such fees and charges as are required by the Clerk to effect such recordation. 3. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant shall file with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. 4. If the above conditions have not been met within a period of one year from year the from the date of adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. By signing below I certify I have read and understand the conditions outlined above, I agree to the closure for which I have applied being subject to the attached conditions. Applicant Signature Date RECEIVED AUG 2 9 2014 CITY OF ROANOKE PLANNING BUILDING& DEVELOPMENT Updated December 2013 City of Roanoke EVELYN W POWERS PO BOX 1451 ROANOKE, VA 24007 (540) 853-2561 Cashier: MBCLARK Location: ROA Cession: MC Till-09022014 Date: 9/2/2014 Payment Receipt: H.65768- $1�0,�� Miscellaneous Type; City Wide City Wide: 2014011136-Invoice Account Number: 00040574 Invoice Number 2014011136 Detail Flag: Tendered Information: $100.00 Amount Due: $100.00 Check Total Tendered: $100.00 Thank you for your payment. Thank you C I T Y • C I E R K C i t y B i l l i n g < I n v o i c e) Invoice Type =_ > MIS ( ( LRK CITY CLERK ( OILFCTIOEI REP Invoice y = = > 2014011Ii6 Date Of Work = = > 08 / 29 / 2014 Reference 11 => 20140111 / 5 Customer Acct => 00040574 Billed Date = > 08/ 29 / 2014 CITY C L E R K * INVOICE TOTAL : Item 01 FUND 01 DEPT 220 UNIT 1120 700 00 ( Orig ) D E S ( OPN LAW STREET ( LOSING , LIBERTY ROAD , COURT ' AND AVE LUKENS STREET PROCESSED BY : A ALL ICOTI PH : 2541 Account /I > R001110123400000859 MIS ( EILAMLOUS- GFN FUND ONLY CITY TREAS F1 - P1F NO F3 = EXI1 E7 = PRFV ITEN F8 : NEXT ITEM CBXO08 OPN,A` OPN LAW FIRST CITIZENS BANK.NA 41214 r-' ' \ Attorneys at Law TCCHURCHANK I ROANOKE.VA 24011 LAW3140 Chaparral Drive,Suite 200-C 68-183/514 Roanoke,VA 24018-4370 (540)989-0000 DATE AMOUNT 08/13/14 ****$100.00 PAY *** ONE HUNDRED & 00/100 DOLLARS TO THE ORDER TREASURER, CITY OF ROANOKE OF: PS \Q AUTN0 SIGNATUR it'04 L 2 &t s 1:0 5 140 18361:008921,6543 L80 C I T Y C L E R K• • C i t y B i l l i n g < I n v o i c e Summary > Invoice Type = _ > MISCCLRK CITY CLERK COLLECTION REPORT Date of Work = _ > 08 / 29 / 2014 Customer Idi = _ > 00040574 CITY CLERK Status = _ > UNBILLED Total Items : 01 Invoice Total : 100 . 00 Account ==> R001110123400000859 MISCELLANEOUS - GEN FUN 100 - 00 Invoice Complete - REFERENCE A 2014011173 Print ( Y / N ) ? _ Bill Now ( Y / N ) ? _ F1 = Menu F3 = Exit CBX006 CITY CLERK City Billing < Invoice Summary > C B E 1 5 3 = _ > I N V O I C E B I L L E D I n v o i c e T y p e = _ > M I S C C L R K C I T Y C L E R K COLLECTION R E P O R T DATE OF WORK = _ > 08 / 29 / 2014 Customer Id / = _ > 00040574 CITY CLERK Status = _ > UNBILLED Total Items : 01 Invoice Total : 100 . 00 Account = _ > R001110123400000859 MISCELLANEOUS - 6EN FUN 100 . 00 Invoice Complete - REFERENCE N 2014011173 Print ( Y/ N ) ? N Bill Now ( Y / N ) ? _ F1 = Menu F3 = Exit CB % 006 C I T Y C L E R K • C i t y B i t t i n g < I n v o i c e > Invoice Type == > MISCCLRK CITY CLERK COLLECTION REP Invoice M = _> 2014011136 Date Of Work = _ > 08 / 29 / 2014 Reference # = > 2014011113 Customer Acct = > 00040574 Billed Date= > 08 / 29 / 2014 C I T Y C L E R K * INVOICE TOTAL : Item 01 FUND 01 DEPT 220 UNIT 1120 100 . 00 ( Orig ) DES ( . U R N L A W STREET CLOSING , LIBERTY ROAD , C O U R T I A N D A V E , L U K E N S S T R E E I P R O C E S S E D B Y : A A L L I C O T T PH : 2 5 4 1 Account N > R001110123400000859 MISCELt. ANEOUS- GEN FUND ONLY CITY TREAS F1 = MENU F3 = EXIT F7= PREV ITEM F8 = NEXT ITEM CBX008 1NflOWV 1Nf1OJDV71 ': ' / ' Ia r,•r .n • Pa SJOlOO :y'i�! 97r t-/op /-'1 77 &'i'r /:1-f} ) Limo ,.p y t #flf/ti l j 7 wOlj paniaa a^) .737 r t . O5G 5 oNI , y /) 7/1 i/ 'VA '3NONVOa AO AID OPOPN LAW N Attorneys at Law 0 CHURCH AVE N 41214 3140 Chaparral Drive FIRST CITIZENS BANK,NA Suite 200-C ROANOKE V1 24011 LAW Roanoke,VA 24018-4370 68-183514 (540)989-0000 DATE AMOUNT 08/13/14 ****$100.00 PAY *** ONE HUNDRED & 00/100 DOLLARS TO THE ORDER TREASURER, CITY OF ROANOKE OF: AUTHO]rZ.SIGNATURE 0O4 L 2 L 1:0 5 140 L8 361:0089 246 54 3 LBif' AFFIDAVIT APPLICANT: Krishna Properties, LLC, Compton Biddle, Esq. LOCATION: Liberty Road, N.W. & Lukens Street, N.W., Tax No. 3080134 REQUEST: ROW vacation COMMONWEALTH OF VIRGINIA ) TO-WIT: CITY OF ROANOKE The affiant, Tina M. Carr, first being duly sworn, states that she is Acting 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 29k"day of September, 2014, notices of a public hearing to be held on the 14th day of October 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 2080633 2306 LIBERTY SMITH CLAUDE N & 2306 LIBERTY ROANOKE VA 24012 RD NE MADELEINE B RD NW 2060752 2606 BLUE EAGLE 1502 ROANOKE VA 24012 COURTLAND PARTNERSHIP LLC WILLIAMSON RD NW RD 2060757 0 LIBERTY RD BLUE EAGLE 1502 ROANOKE VA 24012 NW PARTNERSHIP LLC WILLIAMSON RD 3080112 2102 LUKENS 2021 LUKENS LLC 1502 ROANOKE VA 24012 ST NE WILLIAMSON RD 3080134 2201 LIBERTY KRISHNA 2201 LIBERTY ROANOKE VA 24012 RD NE PROPERTIES LLC RD NW 3080139 2222 HEATH WAYNE B 367 QUAIL FINCASTLE VA 24090 COURTLAND HOLLOW DR RD NE 3080140 2218 ROSE TIERRA T 3001 18TH ST ARLINGTON VA 22204 COURTLAND SOUTH RD NE 3080141 2210 BEAMER BARRY 2210 ROANOKE VA 24012 COURTLAND LEE COURTLAND RD NE RD NE 3080202 0 LUKENS ST 2021 LUKENS LLC 1502 ROANOKE VA 24012 NE WILLIAMSON RD 3080203 0 HICKORY ST POWERS CALVIN W PO BOX 12068 ROANOKE VA 24022 NE 3080204 0 HICKORY ST 2021 LUKENS LW 1502 ROANOKE VA 24012 NE WILLIAMSON RD 3080205 0 HICKORY ST 2021 LUKENS LLC 1502 ROANOKE VA 24012 NE WILLIAMSON RD 3080206 0 HICKORY ST 2021 LUKENS LLC 1502 ROANOKE VA 24012 NE WILLIAMSON RD 3080207 0 HICKORY ST CARPET SHOP OF 1502 ROANOKE VA 24012 NE ROANOKE THE WILLIAMSON RD 3080601 2301 LIBERTY DOWNTOWN 1009 1ST ST ROANOKE VA 24016 RD NE HOLDINGS LLC 3080602 2225 SOUTHERN 418 FIRST ST ROANOKE VA 24011 COURTLAND ESTATES LLC RD NE Ai COAV Tina M. Carr SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, fiiiiVirginia, this 29th da of September, 2014. Notary Public a„' ,rV. R.MARTI, _ C ' '&-;`YPUBLIC tth of Virginia 4282078 Comities* •&as 4 aft The Roanoke Times Account Number Roanoke,Virginia 6011439 Affidavit of Publication Date CITY OF ROANOKE-PDV October 24,2014 Attn Tina M.Carr STEPHANIE M.MOON REYNOLDS-MMC,CITY CLERK 215 CHURCH AVE,SW,SUITE 456 NOEL C.TAYLOR MUNICIPAL BUILDING ROANOKE,VA 24011 Date Category Description Ad Size Total Cost 10/08/2014 Legal Notices PUBLIC HEARING NOTICE All public hearings advertised her 2 x 17.75 IN 4,984.56 Publisher of the Roanoke Times I, (the undersigned)an authorized representative of the Roanoke Times,a daily newspaper published in Roanoke, in the State of Virginia,do certify that the annexed notice PUBLIC HEARING NOTICE Al was published in said newspapers on the following dates: o°\N�IE ISJg j %o 10/01, 10/08I2014 \.� • MONW :Fij G s• : REGISTRATION NO. 7049823 MY C MM, XPIRES The First insertion being given ... 10/01/2014 = Lai 30 HO > w••^.v9G\tt' - Newspaper reference: 0000083147 <>,./ /1/0;.• PUg\\\\\\`� Sworn to and subscribed before me this Friday,October 24,2014 ittLy Alois 1/ IC 1 .1 1. otary Publi ' epr: .t've State of Virginia CitylCounty of Roanoke My Commission expires lfl 50 14 ( over) THIS IS NOTA B11.4 pc:€ASE PAY FROM INVOICE. THANK YOU , r .:114 I; . ., .. 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 13.Section 36.2-403,Accessory uses and structures,toyegulate the size and height of Development office,Room 166,215 Church Avenue,S.W.,Roanoke,Virginia. accessory buildings and to include those structures which are not buildings; 14.Section 36.2-408,Day care centers,child,to specify that the standards do not My person with a disability requiring any special accommodation to attend or apply to such establishments that are licensed by the Virginia Department of Social participate in the hearings should contact Planning,Building and Development at(540) Services;to require a floor plan to determine provided floor area per child;and to 853-1730 at least five days prior to the scheduled hearing. amend requirements for outdoor play areas; 15.Section 36.2-411,Gasoline stations,to remove the maximum overall height requirement The City of Roanoke Planning Commission will hold public hearings on October 14, 16.Section 36.2-419,Motor vehicle reps or service establishment,to apply standards 2014,at 1:30 p.m.,or as soon as the matters may be heard,toconsiderthese requests: prohibiting activities involving commercial vehicles,painting,a body repair In the UFDistrict A request by Krishna Properties,LLC,by Manish Patel,authorized representative,[0 .11.Sec 38'2-422,Outdoor display areas,to deletp the regt4rpd miglq m Size,piths, p principal use related to an outdoor display area;and to specify Mauna grosaYloerarea vacate portions of Lukens Street,N.W.,and Liberty Road,N.E.,adjacent to 2201 Liberty of the portion of the principal building to which the outdoor display area is dedicated Road,N.E.,Official Tax Map Number 3080134. shall be used to determine the maximum size of the outdoor display area; A request the 18.Table 429-1,Temporary Uses, to add mobile food and beverage vending as by City of Roanoke to rezone two parcels identified as 0 Tuckawana a permitted temporary use In the CN,CO.CIS,D.ROS,OF Districts,the industrial Circle,bearing Official Tax Numbers 6471801 and 6471802,from RM-2,Residential districts,permitand PUD districts; Mixed Density District to ROS,Recreation and Open Space District,for the purpose of permitting an offsite parking lot associated with an outdoor recreational facility. 19.Section 36.2-522,Zoning permits,to Garay those adtttes that require a zoning permit The land use categories permitted in ROS District include commercial; assembly 20.Section 36.2-540,Zoning amendments,to delete the requirementthat an applicant and entertainment; public, institutional and community facilities; transportation; provide Information about adlacent properly owners with an application; utility;agricutural; and accessory with no maximum floor area ratio listed. The 21. Section 36.2-551; Development plans, generally, to add a requirement for comprehensive plan designates the property for office,institutional,or light industrial agreements or guarantees where installation of public improvements is required,such use.The proposed use is outdoor recreation and offsite parking lot. similar requirement being deleted from Appendix B-2; 22.Section 36.2-552,Basic development plans,to amend the applicability section That A request by the City of Roanoke to Consider proposed amendments to Chapter specifies which activities may be undertaken with a basic development plan; 36.2,Zoning,of the Code of the City of Roanoke,(1979),as amended,by amending 23.Section 36.2-561,Vadances,to amend subsections related to standards,findings of the and reordaining the following code sections to update,clarify,and make the City's board of zoning appeals,condttas and guarantees;and conforming status to reflect more zoning ordinance easier to use for its citizens,such amendments not constituting a closely the requirement set forth in the Code of Virginia(1950),as amended; comprehensive rezoning or change of any densities,unless Otherwise noted: 24.Section 36.2-630,General development standards,to add street trees and street 1.Table 205-1,Permitted Yard Encroachments,to permit pergolas,porches,stoops, lighting as infrastructure items which may be required;and W replace"pedestrian and vehicular activity"w steps,an stair landings in residential districts to encroach into required front yards with"need"in determining the level of infrastructure required; and to clarify such table; 25.Section 36.2-644,Overall tree canopy requirement,to provide that new street trees planted in an adjacent light-of-way may be credited to a site's minimum tree canopy; 2.Section 36.2-205(f),Front yards,to provide that maximum front yards are to be 26.Section 36.2-645,Street yard tress,to provide for distribution of street yard trees;to applied only to new principal structures in residential districts;to provide that at least provide that at least 50%of required trees be large deciduous tones;to provide that multiple 60%of a street facing building fagade shall abut the maximum front yard depth or lie frontages of comer lots be evaluated separately;and to provide that the requirement for between the minimum and maximum front yards in residential districts;and to provide street yard trees apply only when a new principal structure is being developed; • that maximum front yard requirements in multiple purpose districts are to be applied as specified In Table 205-2; 27.Table 647-1, Buffering and Screening of Certain Uses and Activities;to add applicability of buffering and screening requirements to PUD districts;and to add 3.Table 205-2,Application of Maximum Front Yard Requirements,to provide for I screening requirement for an outdoor storage lot; exceptions related to additions; 28.Table 649-1, Buffering,Screening and Landscaping Materials,to provide that 4.Section 36.2-205(i),Yards-Corner lots and through lots,to provide that the maximum shrubs,when used with a screen,be planted on the outside of the screen; yard requirement shall apply only to the primary frontage; 29.Table 654-1,Parking and Loading Area Standards,to provide an exception to the 5.Section 36.2-311,Use table for residential districts,to add"family day home"as a parking area setback when a street screen is used; use permitted by special exception In all residential districts;and to specify that any ' 30.Section 36.2-661,Applicability,to remove setbacks for exempted signs;to remove the use not listed In the table Is not permitted; time limit for exempted political signs;and to make window covers on vacant storefront 6.Section 36.2-312,Dimensional regulations for residential districts,to reduce the exempt from sign regulations and madmumwindowc coverage requ remerlta, minimum lot area per dwelling unit from 3,500 to 2,500 in the BM-1 district,such 31.Table 668-1,Type,Number,and Size of On-Premises Signs,to clarify that sign ' amendment representing an effective increase in the density permitted in the RM-1 area limitations apply to a single sign structure;and to add electronic readerboards as district;to reduce the allowed rear and side yard setback from five feet to zero feet in permitted signs in the CN,IN,and D Districts; the R-12 District end to delete the minimum area of usable open space for accessory 32.Section 36.2-673,Temporary on-premises signs,to delete the requirement that structures per dwelling unit in the RMF district; temporary signs comply with maximum height standards In Section 36.2-669; 7.Section 36.2-313,Front yard dimensions for iMll development,to provide a method to 33.Appendix A,Definitions,to add definitions of attached structures;to amend the determine the front yard dimensions for infill development under certain circumstances; definition of commercial motor vehicle to include school buses and exclude any motor 8.Section 36.2-315,Use table for multiple purpose districts,to make establishment vehicle customarily used for non-commercial purposes;to add a definition of family of a hotel or motel a use permitted by special exception in the CN District;to make day home;to add a definition of a fence;to emend the definition of home;to storage building sales a use permitted by special exception in the CG District to make amend the definition of lot or zoning lot by amending the definition of a through lot; microbrewery or microdistillery,not abutting a residential district,a permitted use in the to add a definition of a microbrewery or microdistillery;to amend the definitions of CN,CO.CLS,D,and OF Districts;to make microbrewery or microdistillery,abutting a outdoor display area and outdoor storage M exclude the inventory of storage building residential district,a use permitted by special exception in the CN,CG,CLS,0,and OF sales establishment;and to add a definition of a variance;and Districts;and to specify that any use not listed in the table is not permitted; , 34.Appendix 6,Submittal Requirements,8-2,Comprehensive Development Plan,to 9.Section 36.2-317,Civic space yard option,to specify the area within which a civic remove certain plan requirements related to clearing and grading related to erosion space shall be provided;and to specify that a civic space shall provide access from the and sediment control;to add a requirement for an erosion and sediment control plan, right-of-way to a primary entrance; as required by Chapter 11.1,Erosion and Sediment Control of the City Code;and to 10.Table 319-1,Building Placement and Façade Transparency Requirements, to add a requirement for a stormwater management plan,as required by Chapter 11.6, provide for transparency or vegetation on certain street facing facades for corner lots stormwater Management,of Me City Code,to replace certain existing requirements for with three or more frontages; erosion and sediment control and stormwater management. 11.Section 36.2-322,Use table for industrial districts,to make an outdoor storage Tina M.Cart,Secretary,City Planning Commission lot a use permitted by special exception In industrial districts;eating and drinking establishments,abutting a residential district,a permitted use in industrial districts; City Council will hold public hearings on the aforesaid applications on to make a microbrewery or microdistillery permitted uses in industrial districts;and to October 20,2014,at 7:00 p.m.,or as soon as the matters may be heard. specify that any use not listed in the table is not permitted; 12.Section 36.2-336,Comprehensive Sign Overlay District,to permit application of Stephanie M.Moon Reynolds,MMC,City Clerk comprehensive sign overlay district regulations to lots within any multiple purpose, industrial,or planned unit development district;and to reduce the minimum size of such overlay district from five(5)acres to two(2)acres; 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 Avenue, S.W., Roanoke, Virginia. 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 public hearings on October 14, 2014, at 1:30 p.m., or as soon as the matters may be heard, to consider these requests: A request by Krishna Properties, LLC,by Manish Patel, authorized representative, to vacate portions of Lukens Street,N.W., and Liberty Road, N.E., adjacent to 2201 Liberty Road, N.E., Official Tax Map Number 3080134. A request by the City of Roanoke to rezone two parcels identified as 0 Tuckawana Circle, bearing Official Tax Numbers 6471801 and 6471802, from RM-2, Residential Mixed Density District, to ROS, Recreation and Open Space District, for the purpose of permitting an offsite parking lot associated with an outdoor recreational facility. The land use categories permitted in ROS District include commercial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory with no maximum floor area ratio listed. The comprehensive plan designates the property for office, institutional, or light industrial use. The proposed use is outdoor recreation and offsite parking lot. A request by the City of Roanoke to consider proposed amendments to Chapter 36.2, Zoning, of the Code of the City of Roanoke, (1979), as amended,by amending and reordaining the following code sections to update, clarify, and make the City's zoning ordinance easier to use for its citizens, such amendments not constituting a comprehensive rezoning or change of any densities, unless otherwise noted: 1. Table 205-1, Permitted Yard Encroachments, to permit pergolas, porches, stoops, steps, and stair landings in residential districts to encroach into required front yards and to clarify such table; 2. Section 36.2-205(f), Front yards, to provide that maximum front yards are to be applied only to new principal structures in residential districts; to provide that at least 60% of a street facing building facade shall abut the maximum front yard depth or lie between the minimum and maximum front yards in residential districts; and to provide that maximum front yard requirements in multiple purpose districts are to be applied as specified in Table 205-2; 3. Table 205-2, Application of Maximum Front Yard Requirements, to provide for exceptions related to additions; 4. Section 36.2-205(i), Yards-Corner lots and through lots, to provide that the maximum yard requirement shall apply only to the primary frontage; 5. Section 36.2-311, Use table for residential districts, to add"family day home" as a use permitted by special exception in all residential districts; and to specify that any use not listed in the table is not permitted; 6. Section 36.2-312, Dimensional regulations for residential districts, to reduce the minimum lot area per dwelling unit from 3,500 to 2,500 in the RM-1 district, such amendment representing an effective increase in the density permitted in the RM-1 district; to reduce the allowed rear and side yard setback from five feet to zero feet in the R-12 District; and to delete the minimum area of usable open space for accessory structures per dwelling unit in the RMF district; 7. Section 36.2-313, Front yard dimensions for infill development, to provide a method to determine the front yard dimensions for infill development under certain circumstances; 8. Section 36.2-315, Use table for multiple purpose districts, to make establislunent of a hotel or motel a use permitted by special exception in the CN District; to make storage building sales a use permitted by special exception in the CG District; to make microbrewery or microdistillery, not abutting a residential district, a permitted use in the CN, CG, CLS, D, and OF Districts; to make microbrewery or microdistillery, abutting a residential district, a use permitted by special exception in the CN, CG, CLS, D, and OF Districts; and to specify that any use not listed in the table is not permitted; 9. Section 36.2-317, Civic space yard option, to specify the area within which a civic space shall be provided; and to specify that a civic space shall provide access from the right-of- way to a primary entrance; 10. Table 319-1, Building Placement and Facade Transparency Requirements, to provide for transparency or vegetation on certain street facing facades for corner lots with three or more frontages; 11. Section 36.2-322, Use table for industrial districts, to make an outdoor storage lot a use permitted by special exception in industrial districts; eating and drinking establishments, abutting a residential district, a permitted use in industrial districts; to make a microbrewery or microdistillery permitted uses in industrial districts; and to specify that any use not listed in the table is not permitted; 12. Section 36.2-336, Comprehensive Sign Overlay District, to permit application of comprehensive sign overlay district regulations to lots within any multiple purpose, industrial, or planned unit development district; and to reduce the minimum size of such overlay district from five (5) acres to two (2) acres; 13. Section 36.2-403, Accessory uses and structures, to regulate the size and height of accessory buildings and to include those structures which are not buildings; 14. Section 36.2-408, Day care centers, child, to specify that the standards do not apply to such establishments that are licensed by the Virginia Department of Social Services; to require a floor plan to determine provided floor area per child; and to amend requirements for outdoor play areas; 15. Section 36.2-411, Gasoline stations, to remove the maximum overall height requirement; 16. Section 36.2-419, Motor vehicle repair or service establishment, to apply standards prohibiting activities involving commercial vehicles,painting, or body repair in the OF District; 17. Sec 36.2-422, Outdoor display areas, to delete the required minimum size of the principal use related to an outdoor display area; and to specify that the gross floor area of the portion of the principal building to which the outdoor display area is dedicated shall be used to determine the maximum size of the outdoor display area; 18. Table 429-1, Temporary Uses, to add mobile food and beverage vending as a permitted temporary use in the CN, CG, CLS, D, ROS, OF Districts, the industrial districts, and PUD districts; 19. Section 36.2-522, Zoning permits, to clarify those activities that require a zoning permit; 20. Section 36.2-540, Zoning amendments, to delete the requirement that an applicant provide information about adjacent property owners with an application; 21. Section 36.2-551; Development plans, generally, to add a requirement for agreements or guarantees where installation of public improvements is required, such similar requirement being deleted from Appendix B-2; 22. Section 36.2-552, Basic development plans, to amend the applicability section that specifies which activities may be undertaken with a basic development plan; 23. Section 36.2-561, Variances, to amend subsections related to standards, findings of the board of zoning appeals, conditions and guarantees; and conforming status to reflect more closely the requirements set forth in the Code of Virginia(1950), as amended; 24. Section 36.2-630, General development standards, to add street trees and street lighting as infrastructure items which may be required; and to replace "pedestrian and vehicular activity" with"need" in determining the level of infrastructure required; 25. Section 36.2-644, Overall tree canopy requirements, to provide that new street trees planted in an adjacent right-of-way may be credited to a site's minimum tree canopy; 26. Section 36.2-645, Street yard trees, to provide for distribution of street yard trees; to provide that at least 50% of required trees be large deciduous trees; to provide that multiple frontages of corner lots be evaluated separately; and to provide that the requirement for street yard trees apply only when a new principal structure is being developed; 27. Table 647-1, Buffering and Screening of Certain Uses and Activities, to add applicability of buffering and screening requirements to PUD districts; and to add screening requirements for an outdoor storage lot; 28. Table 649-1, Buffering, Screening and Landscaping Materials, to provide that shrubs, when used with a screen, be planted on the outside of the screen; 29. Table 654-1, Parking and Loading Area Standards, to provide an exception to the parking area setback when a street screen is used; 30. Section 36.2-661, Applicability,to remove setbacks for exempted signs; to remove the time limit for exempted political signs; and to make window covers on vacant storefronts exempt from sign regulations and maximum window coverage requirements; 31. Table 668-1, Type, Number, and Size of On-Premises Signs, to clarify that sign area limitations apply to a single sign structure; and to add electronic readerboards as permitted signs in the CN, IN, and D Districts; 32. Section 36.2-673, Temporary on-premises signs, to delete the requirement that temporary signs comply with maximum height standards in Section 36.2-669; 33. Appendix A, Definitions, to add definitions of attached structures; to amend the definition of commercial motor vehicle to include school buses and exclude any motor vehicle customarily used for non-commercial purposes; to add a definition of family day home; to add a definition of a fence; to amend the definition of group home; to amend the definition of lot or zoning lot by amending the definition of a through lot; to add a definition of a microbrewery or microdistillery; to amend the definitions of outdoor display area and outdoor storage to exclude the inventory of storage building sales establishments; and to add a definition of a variance; and 34. Appendix B, Submittal Requirements, B-2, Comprehensive Development Plan, to remove certain plan requirements related to clearing and grading related to erosion and sediment control; to add a requirement for an erosion and sediment control plan, as required by Chapter 11.1, Erosion and Sediment Control of the City Code; and to add a requirement for a stormwater management plan, as required by Chapter 11.6, Stormwater Management, of the City Code, to replace certain existing requirements for erosion and sediment control and stormwater management. • Tina M. Carr, Secretary, City Planning Commission City Council will hold public hearings on the aforesaid applications on October 20, 2014, at 7:00 p.m., or as soon as the matters may be heard. Stephanie M. Moon Reynolds, MMC, City Clerk Please publish in newspaper on October 1, 2014, and October 8, 2014. Please bill and send affidavit of publication to: Tina M. Can, 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 Reynolds, MMC, City Clerk 215 Church Avenue, S. W., Suite 456 Noel C. Taylor Municipal Building Roanoke, Virginia 24011-1536 (540) 853-2541 CITY OF ROANOKE • OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 y-" Telephone: (.540)853-2541 Fax: (540)853-1145 E-mail: clerk(a)roanokeva.gov STEPHANIE M.MOON REYNOLDS,MMC JONATHAN F.CRAFT,CMC City Clerk Deputy City Clerk October 15, 2014 CECELIA T.WEBB,CMC Assistant City Clerk Compton M. Biddle, Esquire OPN LAW 3140 Chaparral Drive, S .W., Suite 200 Roanoke, Virginia 24018 Dear Mr. Biddle: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing has been advertised for Monday, October 20, 2014, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on the request of Krishna Enterprises, LLC, by Manish Patel, authorized representative, to vacate portions of Lukens Street, N. W., and Liberty Road, N. E., adjacent to 2201 Liberty Road, N. E. The City Planning Commission at its meeting held on Tuesday, October 14, 2014, on a 7-0 vote, approved the request. If you would like a copy of the Planning Commission report, please contact Tina Carr, Secretary, City Planning Commission, at (540) 853-1730. Lastly, it will be necessary for you, or your representative, to be present at the October 20 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, Stephanie M. Moon Reynol s, MMC City Clerk SMM:ctw cfdr ,tri , CITY OF ROANOKE ° Sri OFFICE OF THE CITY CLERK wr! 215 Church Avenue,S.W.,Suite 456 lifrelZkat Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: elerk(Proanokeva.gov STEPHANIE M.MOON REYNOLDS,MMC JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant City Clerk October 15, 2014 To Adjoining Property Owners Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing has been advertised for Monday, October 20, 2014, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on the request of Krishna Enterprises, LLC, by Manish Patel, authorized representative, to vacate portions of Lukens Street, N. W., and Liberty Road, N. E., adjacent to 2201 Liberty Road, N. E. This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning, Building and Development at 540-853-1730. If you would like to receive a copy of the report of the City Planning Commission, please call the City Clerk's Office at 540-853-2541. � (J Sincerely, Stephanie M. Moon nold , MC City Clerk SMM:ctw CITY OF ROANOKE ..,. OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.,Suite 456 Roanoke,Virginia 24011-1536 Telephone: (5411)853-2541 Fax: (540)853-1145 STEPIIANIE M.MOON REYNOLDS,MMC E-mail: clerk(mroanokeva.gov JONATHAN E.CRAFT,CMC City,Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk August 29, 2014 Candace Martin, Acting Secretary City Planning Commission Roanoke, Virginia Dear Ms. Martin: Pursuant to Section 36.1-690(e), Code of the City of Roanoke (1979), as amended, I am attaching copy of an Original Application for Street or Alley Vacation received in the City Clerk's Office on August 29, 2014, from Krishna Properties, LLC requesting that 0.1331 acre within the existing right of way at Lukens Street N. W., be vacated and closed and to be combined with and made a part of Official Tax Parcel 3080134 creating Parcel 1A (0.8213 acre) situated along Liberty Road, Court land Avenue, and Lukens Street N. W., for the purpose of a parking lot. Sincerely, W20,4 Stephanie M. Moon ynolds MC City Clerk Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council Manish Patel, Sole Member and Manager, 3140 Chaparral Drive, S. W., Roanoke, Virginia 24018 Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, City Engineer Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney r'n, • -. CITY OF ROANOKE ^"""1 -i OFFICE OF THE CITY CLERK 215 Church Avenue,S.W., Suite 456 '.i r - ,:. Roanoke,Virginia 24011-1536 � S 4' " j � Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: clerk(mroanokeva.0ov JONATHAN E.CRAFT,CMC S ITPIIANIE M.MOON REYNOLDS,MMC Deputy City Clerk City Clerk ('ECELIA T.WEBB,CMC Assistant City Clerk October 21, 2014 Christopher P. Morrill City Manager Roanoke, Virginia Dear Mr. Morrill: I am attaching copy of Ordinance No. 40086-102014 authorizing the City Manager to execute an Option Agreement between the City of Roanoke and Carilion Services, Inc., to sell certain City-owned property located at 250 Reserve Avenue, S. W., identified as Official Tax Map No. 1040201, and to purchase real property owned by Carilion described as the Gill Memorial Building located at 709 Jefferson Street, S. W., designated as Official Tax Map No. 1020510, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 20, 2014; and is in full force and effect upon its passage. Sincerely, ittika•Als. irn . I. GM■ Stephanie M. Moon Re Ids, C City Clerk Attachment pc: Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Wayne Bowers, Director, Economic Development IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of October, 2014. No. 40086-102014. An ORDINANCE authorizing the City Manager to execute an Option Agreement between the City of Roanoke and Carilion Services, Inc., to sell certain City owned property located at 250 Reserve Avenue, S.W., Roanoke, Virginia, and identified as Official Tax Map No. 1040201, upon certain terms and conditions; authorizing the City Manager to execute such further documents and take such further actions as may be necessary to accomplish the above matters; and dispensing with the second reading of this Ordinance by title. WHEREAS, the City of Roanoke (City) proposes to provide Carilion Services, Inc. (Carilion) with an option to purchase the former Navy Reserve Building located at 250 Reserve Avenue, S.W., Roanoke, Virginia, consisting of 2.6570 acres, together with buildings and improvements thereon, designated as Official Tax Map No. 1040201 (Reserve Avenue Property) for the sum of$610,000; WHEREAS, in exchange for obtaining the right to purchase the Reserve Avenue Property, Carilion will grant the City an option to purchase real property owned by Carilion described as the Gill Memorial Building located at 709 Jefferson Street, S.W., Roanoke, Virginia, and designated as Official Tax Map No. 1020510 (Gill Memorial Property) for the sum of$860,000; WHEREAS, the proposed Option Agreement contains a provision that, if the City exercises its option to acquire the Gill Memorial Property, Carilion must exercise its option and purchase the Reserve Avenue Property; Option Agreement Carillon 250 reserve ave 10.20.14.doc WHEREAS, the proposed Option Agreement provides that the City will use the proceeds from the sale of the Reserve Avenue Property for a portion of the purchase price for the Gill Memorial Property and the City will pay the balance of the purchase price for the Gill Memorial Property by either paying Carilion the sum of$250,000; or releasing its right to operate Crystal Spring Park located at 2012 Jefferson Street, S.E., Roanoke, Virginia, on real property owned by the Western Virginia Water Authority designated as Official Tax Map No. 4060502; WHEREAS, the Council of the City of Roanoke, after proper advertisement, held a public hearing on the above matter on October 20, 2014, pursuant to Sections 15.2-1800 and 15.2-1813, of the Code of Virginia (1950), as amended, at which hearing all parties and citizens were afforded an opportunity to be heard on the above matters; and WHEREAS, after closing the public hearing, Council believes the sale of the Reserve Avenue Property to Carilion and the acquisition of the Gill Memorial Property by the City, in accordance with the terms of the proposed Option Agreement, will benefit the City and its citizens. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is authorized on behalf of the City to execute an Option Agreement between the City of Roanoke and Carilion Services, Inc., to sell certain City owned property located at 250 Reserve Avenue, S.W., Roanoke, Virginia, and identified as Official Tax Map No. 1040201 (Reserve Avenue Property), and to purchase real property owned by Carilion described as the Gill Memorial Building located at 709 Jefferson Street, S.W., Roanoke, Virginia, and designated as Official Tax Map No. 1020510 (Gill Memorial Property), upon certain terms and conditions as set forth in the Option Agreement attached to the City Council Agenda Report dated October 20, 2014. Such Option Agreement is to be substantially similar to the one attached to such Report, and in a form approved by the City Attorney. Option Agreement Carillon 250 reserve ave 10.20.14.doe 2 2. The City Manager is further authorized to execute such further documents, including a Special Warranty Deed of Conveyance for the transfer of the Reserve Avenue Property to Carilion in the event that Carilion exercises its option to purchase the Reserve Avenue Property in accordance with the terms of the Option Agreement, and take such further actions as may be necessary to implement, administer, and enforce such Option Agreement and complete the sale and transfer of the above-mentioned Reserve Avenue Property to Carilion Services, Inc., with the form of any such documents to be approved as to form by the City Attorney. 3. The City Manager is authorized to determine whether to exercise the option and purchase on behalf of the City the Gill Memorial Property, and if the City Manager determines to exercise the option to purchase the Gill Memorial Property, to purchase the Gill Memorial Property in accordance with the terms of the Option Agreement and accept a General Warranty Deed of Conveyance from Carilion for the Gill Memorial Property, the form of which deed shall be approved by the City Attorney. The City Manager is further authorized to execute such other documents and take such other actions as may be necessary to implement, administer, and enforce the acquisition of the Gill Memorial Property by the City in accordance with the terms of the Option Agreement in the event that the City Manager exercises the option to purchase the Gill Memorial Property, with the form of any such documents to be approved as to form by the City Attorney. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: .�U City Clerk. Option Agreement Carillon 250 reserve ave 10 20.14.doe 3 C- CITY OF ROANOKE -Air-t.., OFFICE OF THE CITY CLERK 215 Church Avenue,S.W,Suite 456 .-C.?-4. Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: elerk(n roanokeva.gov JONATIIAN P.CRAFT,CMC STEPHANIE M.MOON REYNOLDS,MMC Deputy City Clerk City Clerk CECELIA T.WEBB,CMC Assistant City Clerk October 21, 2014 Christopher P. Morrill City Manager Roanoke, Virginia Dear Mr. Morrill: I am attaching copy of Resolution No. 40087-102014 supporting and authorizing the City's application for a grant from the Commonwealth of Virginia Industrial Revitalization Fund, in the amount of $600,000.00, which requires matching City funds; and authorizing the City Manager to execute the required applications and take any other actions to respond to any inquiries or provide supplemental information; and authorizing the City Manager to execute such other documents and to take such further actions as may be necessary to implement and administer such grant. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 20, 2014; and is in full force and effect upon its passage. Sincerely, Q � ,, Stephanie M. Moon Reynolds, C City Clerk Attachment pc: Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Wayne Bowers, Director, Economic Development IN THE COUNCIL OF TI IF CITY OF ROANOKE, VIRGINIA The 20th day of October, 2014. No. 40087-102014. A RESOLUTION supporting and authorizing the City's application for a grant from the Commonwealth of Virginia Industrial Revitalization Fund; authorizing the City Manager to execute the required applications and take any other actions to respond to any inquiries or provide supplemental information; and authorizing the City Manager to execute such other documents and to take such further actions as may be necessary to implement and administer such grant. WHEREAS, the City desires to acquire real property owned by Carilion Services, Inc. (Carilion) described as the Gill Memorial Building located at 709 Jefferson Street, S.W., Roanoke, Virginia, and designated as Official Tax Map No. 1020510 (Gill Memorial Property) for the purpose of rehabilitating the vacant Gill Memorial Property for the creation, establishment, and promotion of an innovation and acceleration center to support the development of technology-based businesses, including bio-medical technology start-up businesses, within the City; WHEREAS, Carilion desires to acquire real property located at 250 Reserve Avenue, S.W., Roanoke, Virginia, consisting of 2.6570 acres, together with buildings and improvements thereon, designated as Official Tax Map No. 1040201 (Reserve Avenue Property) owned by the City for the purpose of expanding the delivery of health care services to the residents of the City and to residents within the Roanoke Valley region; K:\Measures\Carl ion Gill Memorial Reserve Avenue Grant Application 10.20.14.docx 10/14/14 WHEREAS, prior to Carilion acquiring the Reserve Avenue Property, an Option Agreement between the City and Carilion is proposed that would include the terms of the proposed sale; WHEREAS, the City intends to apply for a grant in the amount of $600,000 from the Commonwealth of Virginia Industrial Revitalization Fund for funding of the rehabilitation expenses; WHEREAS, the Commonwealth of Virginia Industrial Revitalization Fund grant program requires a match from the locality equal to the amount of the grant awarded and, under the provisions if this grant program, acquisition costs incurred by the locality are applicable to the match requirement; and WHEREAS, this grant program requires the locality to either own the qualified property or have an option agreement or contract to acquire the qualified property. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That Council supports the City's application for a grant from the Commonwealth of Virginia Industrial Revitalization Fund in the amount of $600,000, which requires matching City funds, as more fully set forth in the City Council Agenda Report dated October 20, 2014. 2. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, for and on behalf of the City, any and all requisite documents pertaining to the City's application for the program, approved as to form by the City Attorney, and to take any other actions to respond to any inquiries or provide supplemental information. ATTEST: kti:PaajAs-3/411• hilitiM. % wo..Qe,Q,t) City Clerk. K.\Measures\Cariion Gill Memorial Reserve Avenue Grant Application 1020.14.doex 10/14/14 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: October 20, 2014 Subject: Option Agreement with Carilion Services, Inc. to purchase City- Owned Property known as the former Navy Reserve Building located at 250 Reserve Avenue, S.W., Roanoke, Virginia, consisting of 2.6570 acres, together with buildings and improvements thereon, designated as Official Tax Map No. 1040201 Background: Carillon Services, Inc. (Carillon) is interested in acquiring from the City the former Navy Reserve Building located at 250 Reserve Avenue, S.W., Roanoke, Virginia, consisting of 2.6570 acres, together with buildings and improvements thereon, designated as Official Tax Map No. 1040201 (Reserve Avenue Property). Prior to Carillon acquiring the property, an Option Agreement between the City and Carillon is proposed that includes the terms under which Carilion exercises the option and purchases the Reserve Avenue Property. In exchange for obtaining the right to purchase the Reserve Avenue Property for $610,000, Carilion would grant the City an option to purchase real property owned by Carilion described as the Gill Memorial Building located at 709 Jefferson Street, S.W. and designated as Official Tax Map No. 1020510 (Gill Memorial Property) for $860,000. In addition, the proposed Option Agreement contains a provision that the City, if the City exercises its option to acquire the Gill Memorial Property, will use the proceeds from the sale of the Reserve Avenue Property for a portion of the purchase price and the City will pay the balance of the purchase price for the Gill Memorial Property by either (i) paying Carilion the sum of $250,000; or (ii) releasing its right to operate Crystal Spring Park located at 2012 Jefferson Street, S.E., on property owned by the Western Virginia Water Authority (WVWA) designated as Official Tax Map No. 4060502. The attached Option Agreement provides that the release of the City's right to operate Crystal Spring Park at the WVWA property will be subject to a separate process, including notice and public hearing. Carilion desires to acquire the Reserve Avenue Property for the purpose of expanding the delivery of health care services, research, and education, and other related purposes to the residents of the City and to residents within the Roanoke Valley region. The City desires to acquire the Gill Memorial Property for the purpose of rehabilitating the Gill Memorial Property for the creation, establishment, and promotion of an innovation and acceleration center to support the development of technology-based businesses, including bio- medical technology start-up businesses, within the City. The City intends to apply for a grant in the amount of $600,000 from the Commonwealth of Virginia Industrial Revitalization Fund for funding of the rehabilitation expenses. This competitive grant program requires a match from the locality equal to the amount of the grant awarded. In addition, acquisition costs incurred by the locality are applicable to the match requirement. The application for a grant from the Commonwealth of Virginia Industrial Revitalization Fund must be filed by October 31 , 2014. This grant program requires the locality to either own the qualified property or have an option agreement or contract to acquire the qualified property. A resolution from the local governing body authorizing the request for funding is also an application requirement. Under Section 15.2-1800, et seq. of the Code of Virginia (1950), as amended, the City cannot sell City-owned property without prior public notice, public hearing, and adoption of an ordinance by City Council. The proposed Option Agreement must follow these procedures. Consideration: The Option Agreement provides that Carilion can purchase from the City the Reserve Avenue Property for $610,000 and the City can purchase from Carilion the Gill Memorial Property for $860,000. The City would use the proceeds from the Reserve Avenue Property sale combined with $250,000 from the Community and Economic Development Fund to purchase the Gill Memorial Property. Recommended Action: Following the public hearing: (1 ) approve the attached ordinance authorizing the City Manager to execute such Option Agreement with Carilion Services, Inc., 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 Option Agreement. Such Option Agreement and such other documents referred to above, are to be approved as to form by the City Attorney; (2) approve the attached Resolution authorizing the City Manager to apply for a grant from the Virginia Department of Housing and Community Development Industrial Revitalization Fund to acquire and renovate the Gill Memorial Property. , ristopher P. Morrill City Manager Distribution: Council Appointed Officers Brian Townsend, Assistant City Manager for Community Development Wayne Bowers, Director of Economic Development DRAFT DATE 10.13 2014 OPTION AGREEMENT THIS OPTION AGREEMENT (the "Option Agreement") is made and entered into this day of October, 2014, by and between the CITY OF ROANOKE, VIRGINIA, a municipal corporation organized and existing under the laws of the Commonwealth of Virginia ("City"), and CARILION SERVICES, INC., a corporation organized and existing under the laws of the Commonwealth of Virginia ("Carilion"). RECITALS A. The City is the owner of certain real property, together with buildings and improvements thereon, situated at 250 Reserve Avenue, S.W., Roanoke, Virginia, and depicted as Official Tax Map No. 1040201 (the "Reserve Avenue Property"). The Reserve Avenue Property is more particularly described in Exhibit A attached hereto and made a part hereof. B. The City also operates Crystal Spring Park, a facility that consists of six (6) tennis courts and related amenities ("Crystal Spring Park"), and which facility is located on real property of the Western Virginia Water Authority ("WVWA"), situated at 2012 Jefferson Street, S.E., Roanoke, Virginia, said real property of WVWA being depicted as Official Tax Map No, 4060502 (the "WVWA Property"). The City reserved the right to maintain, operate, and improve Crystal Spring Park at the WVWA Property at the time the City transferred the WVWA Property to WVWA by deed dated October 30, 2004, and recorded in the Clerk's Office for the Circuit Court of Roanoke City in Deed Book 04001, Page 9281. Crystal Spring Park is more particularly described in Exhibit B attached hereto and made a part hereof C. Carilion is the owner of certain real property, together with buildings and improvements thereon, situated at 709 Jefferson Street, S.W., Roanoke, Virginia and depicted as Official Tax Map No. 1020510 (the "Gill Memorial Property"). The Gill Memorial Property is more particularly described in Exhibit C attached hereto and made a part hereof D. The City desires to acquire the Gill Memorial Property for the purpose of rehabilitating the Gill Memorial Property for the creation, establishment, and promotion of an innovation and acceleration center to support the development of technology based businesses, including bio-medical technology start-up businesses, within the City. E. Carilion desires to acquire the Reserve Avenue Property for the purpose of expanding the delivery of health care services, research and education, and other related purposes to the residents of the City and to residents within the Roanoke Valley region. F. Carilion is willing to sell the Gill Memorial Property to the City for the purchase price of$860,000.00. G. The City is willing to sell the Reserve Avenue Property to Carilion for $610,000.00 and release its rights to operate Crystal Spring Park at the WVWA Property for the sum of$250,000.00. 1 DRAT' DATE 10.13.2014 H. As a condition to acquiring the Gill Memorial Property, the City intends to apply for a grant in the amount of $600,000.00 from the Commonwealth of Virginia Industrial Revitalization Fund (the"Fund"). The award of a grant from the Fund is subject to a local match in an amount equal to the amount of the grant. The local match can include the cost of acquisition of the real property that would benefit from the grant from the Fund. L In order to sell the Gill Memorial Property to the City, Carilion is prepared to purchase the Reserve Avenue Property from the City for the sum of$610,000.00 and obtain the release of the rights of the City to operate Crystal Spring Park at the WVWA Property for the sum of$250,000.00. J. Based on the foregoing, Carilion is willing to provide the City with an option to purchase the Gill Memorial Property for the sum of $860,000.00, subject to the terms, conditions, and provisions of this Option Agreement. K. Based on the foregoing, the City is willing to provide Carilion with an option to purchase the Reserve Avenue Property for the sum of $610,000.00 subject to the terms, conditions, and provisions of this Option Agreement. L. Subject to approval and authorization of the City Council of the City of Roanoke ("Council"), as required by applicable laws of the Commonwealth of Virginia, the City is willing to release its rights to operate Crystal Spring Park at the WVWA Property for the sum of $250,000.00. M. Based on the foregoing, the City and Carilion desire to enter into an agreement that (i) provides the City with an option to purchase the Gill Memorial Property for the sum of $860,000.00 subject to the terms and conditions of this Option Agreement (the "City Option"); and (ii) provides Carilion with an option to purchase the Reserve Avenue Property for the sum of $610,000.00 (the "Carilion Option") with the provision that, in the event the City exercises the City Option, Carilion must exercise the Carilion Option and purchase the Reserve Avenue Property for $610,000.00. NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, and the Recitals set forth above which are incorporated herein and made a material part of this Option Agreement, and for other good and valuable consideration, the receipt, adequacy, and sufficiency of which are hereby acknowledged by the City and Carilion, the City and Carilion agree as follows: 1. City Option. 1.1 Grant of City Option. For and in consideration as set forth in this Option Agreement, and upon payment of Ten ($10.00) Dollars by the City to Carilion (the "City Option Fee"), receipt of which Carilion acknowledges, Carilion grants to the City, or its assigns, the sole, exclusive, and irrevocable option (the "City Option") to purchase the Gill Memorial Property, with General Warranty of Title with English Covenants, for a total purchase price of 2 DRAFT DA"f[ 10.1 3.2014 Eight Hundred Sixty Thousand Dollars ($860,000.00) (the "Gill Memorial Purchase Price"), subject to the terms, conditions, and provisions of this Option Agreement. 1.2 Term of City Option. The City shall have the right to exercise the City Option by giving Carilion written notice of exercise at any time prior to 5:00 p.m. (local time) on May 1, 2015. If the City Option is not exercised on or before such date and time, the City Option shall automatically terminate and expire, and Carilion shall return the City Option Fee to the City. 1.3 Exercise of City Option. The City shall exercise the City Option by giving Carilion written notice of exercise at any time prior to 5:00 p.m. (local time) on May 1, 2015. The written notice shall be deemed to have been delivered to Carilion upon delivery of the written notice to Carilion at its address set forth in Section 25 of this Option Agreement by (i) certified mail, return receipt requested, (ii) overnight delivery service by a nationally recognized overnight delivery provider, with confirmation of delivery requested, or (iii) hand delivery. 2. Carilion Option. 2.1 Grant of Carilion Option. For and in consideration as set forth in this Option Agreement, and upon payment of Ten ($10.00) Dollars by Carilion to the City (the "Carilion Option Fee"), receipt of which the City acknowledges, the City grants to Carilion, or its assignee, the sole, exclusive, and irrevocable option ("Carilion Option") to purchase the Reserve Avenue Property, with Special Warranty of Title covenants, for a total purchase price of Six Hundred Ten Thousand Dollars ($610,000.00) (the "Reserve Avenue Purchase Price"), subject to the terms, conditions, and provisions of this Option Agreement. 2.2 Term of Carilion Option. Subject to its obligation to exercise the Carilion Option as set forth in Section 2.4 hereof, Carilion shall have the right to exercise the Carilion Option by giving the City written notice of exercise at any time prior to 5:00 p.m. (local time) on May 1, 2015. If the Carilion Option is not exercised on or before such date and time, and if the Carilion Option is not deemed exercised by Carilion in accordance with Section 2.4 hereof, the Carilion Option shall automatically terminate and expire and the City shall return the Carilion Option Fee to Carilion. 2.3 Exercise of Carilion Option. Subject to the provisions of Section 2.4 hereof, Carilion shall exercise the Carilion Option by giving written notice of exercise at any time prior to 5:00 p.m. (local time) on May I, 2015. The written notice shall be deemed to have been delivered to the City upon delivery of the written notice to the City at its address set forth in Section 25 of this Option Agreement (i) by certified mail, return receipt requested, (ii) overnight delivery service by a nationally recognized overnight delivery provider, with confirmation of delivery requested, or (iii) hand delivery. 2.4 Mandatory Exercise of Carilion Option. In the event that the City exercises the City Option in accordance with the provisions of Section 1.3 of this Option Agreement, Carilion shall be deemed to have exercised the Carilion Option and Carilion shall be obligated to, and shall purchase the Reserve Avenue Property for the Reserve Avenue Purchase Price in accordance with the terms and conditions of the Option Agreement. 3 MALI DA I L 10.13 2014 3. Closings. 3.1 Closing of the Sale of the Gill Memorial Property. Subject to the terms and conditions of this Option Agreement, the Closing on the sale of the Gill Memorial Property to the City (the "Gill Memorial Closing") shall occur sixty (60) days after the notice of exercise is delivered to Carilion (the "Gill Memorial Closing Date"). The Gill Memorial Closing will occur at the Office of the City Attorney at 10:00 a.m. on the Gill Memorial Closing Date. 3.2 Closing of the Sale of the Reserve Avenue Property. 3.2.1 Mandatory Exercise of Carilion Option. In the event that the City has exercised the City Option, and Carilion is deemed to have exercised the Carilion Option in accordance with Section 2.4 of this Option Agreement, the closing of the sale of the Reserve Avenue Property (the "Reserve Avenue Closing") shall occur on the Gill Memorial Closing Date in accordance with Section 3.1 of this Option Agreement and immediately preceding the Gill Memorial Closing. 3.3.3 Exercise of Carilion Option by Carilion. In the event that Carilion exercised the Carilion Option in accordance with Section 2.3 of this Option Agreement, the Reserve Avenue Closing shall occur thirty (30) days after exercise of the Carilion Option (the "Reserve Avenue Closing Date"). The Reserve Avenue Closing shall occur at the Office of the City Attorney at 10:00 a.m. on the Reserve Avenue Closing Date. 4. City Representations and Warranties. City represents and warrants to Carilion as follows: 4.1. City alone has (and at Reserve Avenue Closing will have) good, marketable, and indefeasible fee simple title to the Reserve Avenue Property, free and clear of all liens and encumbrances other than those matters disclosed in the schedule of permitted title exceptions ("Reserve Avenue Permitted Encumbrances") set forth in Exhibit D attached hereto and made a part hereof; 4.2 City has full right, power and authority to execute and deliver this Option Agreement and to consummate the transaction provided for herein without obtaining any further consents or approvals from, or the taking of any other action with respect to, any third parties; 4.3 At the Reserve Avenue Closing, City will be able to convey to the Carilion good, marketable and indefeasible fee simple title to the Reserve Avenue Property, free and clear of all liens, leases and other encumbrances, subject only to the Reserve Avenue Permitted Encumbrances; and 4.4 No other options to purchase, purchase agreements, rights of refusal, any other options or rights exist with respect to the Reserve Avenue Property other than the Carilion Option granted pursuant to this Option Agreement. 4 DRAFT DA IV 10.1 3.2014 5. Carilion Representations and Warranties. Carilion represents and warrants to City as follows: 5.1 Carilion alone has (and at Gill Memorial Closing will have) good, marketable, and indefeasible fee simple title to the Gill Memorial Property, free and clear of all liens and encumbrances other than (i) the lien for real estate taxes not yet due and payable (which shall be prorated at Gill Memorial Closing), and (ii) those matters disclosed in the schedule of permitted title exceptions ("Gill Memorial Permitted Encumbrances") set forth in Exhibit E attached hereto and made a part hereof; 5.2 Carilion has full right, power and authority to execute and deliver this Option Agreement and to consummate the transaction provided for herein without obtaining any further consents or approvals from, or the taking of any other action with respect to, any third parties; 5.3 At the Gill Memorial Closing, Carilion will be able to convey to the City good, marketable and indefeasible fee simple title to the Gill Memorial Property, free and clear of all liens, leases and other encumbrances, subject only to the Gill Memorial Permitted Encumbrances; and 5.4 No other options to purchase, purchase agreements, rights of refusal, any other options or rights exist with respect to the Gill Memorial Property other than the City Option granted pursuant to this Option Agreement. 6. Inspections and Survey of Gill Memorial Property. During the term of this Option Agreement, City and its agents shall have, and Carilion hereby grants to City and its contractors, the right of ingress and egress on, over, through, across, to and from the Gill Memorial Property for the purpose of making any inspections, explorations, tests (including Phase I and II and other environmental inspections, samplings, drilling, and tests) and examinations of the Gill Memorial Property as City may desire, or engaging in any other property evaluation and assessment activities which City deems appropriate. During the term of this Option Agreement, City may elect to cause a licensed surveyor or engineer to prepare an accurate survey of the Gill Memorial Property (the "Survey"), establishing the boundaries of the Gill Memorial Property and showing the location of all easements or encroachments; if any, affecting the Gill Memorial Property. City reserves the right to make written objections to title based upon the Survey, as provided in paragraph 5.1 above. The legal description of the Gill Memorial Property set forth in this Option Agreement shall be used to describe the Gill Memorial Property in the General Warranty Deed to be delivered by Carilion at the Gill Memorial Closing unless the exact boundaries of the Gill Memorial Property established by the Survey differ from the legal description contained herein. In such event, the description of the Gill Memorial Property as determined by the Survey shall be used. City's inspection rights as set forth in this Section shall be subject to the following terms and conditions: 5 DRAFT DA 1'L 10.1 2014 6.1 City covenants not to interfere with Carilion's operation of the Gill Memorial Property, and to exercise said rights in the least intrusive manner. 6.2 City shall provide Carilion with a public liability policy with coverage in an amount reasonably acceptable to Carilion, listing Carilion as an additional insured. 7. Inspection and Survey of Reserve Avenue Property. 7.1 During the term of this Option Agreement, Carilion has the right to inspect the Reserve Avenue Property. During the term of this Option Agreement, Carilion, its authorized agents and employees, as well as others authorized by Carilion, shall have full and complete access to the Reserve Avenue Property, at any time and from time to time during normal business hours to make such marketing, financial, surveying, architectural, engineering, topographical, geological, soil, subsurface, environmental, water drainage, and traffic studies and any other audits, investigations, inspection, evaluations, studies, tests, borings, and measurements as Carilion deems necessary or advisable, so long as the same do not result in any material adverse change to the physical characteristics of the Reserve Avenue Property, including, but not limited to, taking of any sample of concrete, brick or other materials without the City's prior consent. Carilion shall promptly provide City with copies of any and all documents generated in connection with any investigations by Carilion, or on its behalf, as described in the preceding sentence. City agrees to have all utilities in service and in operation so as to facilitate Carilion's inspection. Carilion agrees to repair and replace any and all damage to the Reserve Avenue Property caused by Carilion, its employees or agents, and Carilion shall indemnify, defend and hold City harmless from and against any and all claims, costs, expenses and liabilities, including reasonable attorney's fees, arising out of or by reason of the investigations conducted by Carilion or Carilion's agent(s) at the Reserve Avenue Property and/or the adjacent property owned by the City. Carilion's obligations as set forth in the preceding sentence shall survive expiration and/or termination of this Option Agreement. 7.2 Notwithstanding the foregoing, prior to entering the Reserve Avenue Property, Carilion, at its sole expense, shall obtain and maintain, and ensure that its contractors or representatives have obtained and shall maintain, the insurance set forth below. The following policies and coverages are required: 7.2.1 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 Carilion's acts or omissions. The minimum limits of liability for this coverage shall be $1,000,000 combined single limit for any one occurrence. 6 I)RAEI DATE 10.13.2014 7.2.2 Contractual Liability. Broad form Contractual Liability insurance shall include the indemnification obligation set forth above. 7.2.3 Workers' Compensation. Workers' Compensation insurance covering Carilion'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 7. 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 City, its officers, employees, agents, volunteers and representatives. 7.2.4 Automobile Liability. The minimum limit of liability for Automobile Liability Insurance shall be $1,000,000 combined single limit applicable to owned or non-owned vehicles used in the performance of any work under this Section and shall be written on an occurrence basis. 7.3 The insurance coverages and amounts set forth above may be met by an umbrella liability policy following the form of the underlying primary coverage in a minimum amount of$1,000,000. Should an umbrella liability insurance coverage policy be used, such coverage shall be accompanied by a certificate of endorsement stating that it applies to the specific policy numbers indicated for the insurance providing the coverages required above and it is further agreed that such statement shall be made a part of the certificate of insurance furnished by Carilion to the City. 7.4 All insurance shall also meet the following requirements, unless otherwise agreed to by the City's Risk Manager: 7.4.1 Carilion shall furnish the City 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 City may have. Certificates of insurance shall include any insurance deductibles. 7.4.2 Carilion shall notify City in writing within five (5) days if any of the insurance coverages or policies are canceled or materially altered and Carilion shall immediately replace such coverages and policies and provide documentation of such to the City. 7.4.3 The required coverages and policies of insurance shall name the City, its officers, employees, agents, volunteers, and 7 DRAFT DA l ki 10.1 33014 representatives as additional insureds, and the certificates of insurance shall show if such insurance provides such coverages. 7.4.4 Where waiver of subrogation is required with respect to any policy of insurance required under this Section, such waiver shall be specified on the certificate of insurance. 7.4.5 Insurance coverage shall be in a form and with an insurance company approved by the City, which approval shall not be withheld unreasonably. Any insurance company providing coverage under Section 7 shall be authorized to do business in the Commonwealth of Virginia. 7.5 Carilion, 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 while accessing the Reserve Avenue Property. 8. Environmental Representations and Warranties. 8.1 City Representations and Warranties regarding Reserve Avenue Property. The City has provided Carilion with a report regarding the environmental condition of the Reserve Avenue Property, a copy of which report is attached hereto and made a part hereof as Exhibit F. The City makes no other representations or warranties, express or implied regarding the environmental condition of the Reserve Avenue Property. 8.2 Carilion Representations and Warranties regarding Gill Memorial Property. Carilion represents and warrants that, as of the date of this Option Agreement, and as of the time of the Gill Memorial Closing, that: 8.2.1 The Gill Memorial Property is in compliance with all federal, state and other environmental and other laws, rules and regulations; 8.2.2 There are no pending, and to Carilion's knowledge, threatened claims, lawsuits, administrative proceedings, enforcement actions or investigations concerning the Gill Memorial Property by any private party or governmental entity; nor has Carilion received notice of any such activities, and Carilion agrees to give City prompt written notice of any such actions or investigations instituted between the date hereof and the date of the Gill Memorial Closing; 8.2.3 Carilion has not received any notice of any judicial or administrative consent orders or other provisions calling for compliance with any legal requirement or for correction of any violation; 8 DRAFT DATE 10.13.2014 8.2.4 To the knowledge of Carilion, after due inquiry, the Gill Memorial Property has not been the site of any activity that would violate any past or present environmental law or regulation of any governmental body or agency having jurisdiction over the Gill Memorial Property, and that there are not now and never have been any solid or hazardous wastes or substances, or oil or other dangerous or toxic substances, all as defined in the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§ 9601 et seq. ("CERCLA"), the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq. ("RCRA"), the Hazardous Material Transportation Act, 49 U.S.C. §§ 1801 et seq., the Clean Water Act, 33 U.S.C. §§ 1251 et seq., or the Toxic Substance Control Act, 15 U.S.C. §§ 2600 et seq., or any other applicable federal, state or local law, rule or regulation, stored, placed, treated, released or disposed of anywhere on the Gill Memorial Property; 8.2.5 The Gill Memorial Property is not identified on any current or proposed (i) National Priorities List under 40 C.F.R. Part 300, (ii) CERCLA Information Systems List, or (iii) state environmental or other regulatory agency list based on a statute similar to CERCLA or RCRA; and 8.2.6 Carilion shall give immediate oral and written notice to City of its receipt of any notice of a violation of any law, rule, regulation, ordinance or code covered herein, or of any notice of other claim relating to the environmental condition of the Gill Memorial Property. 9. Closings. 9.1 At the Reserve Avenue Closing: 9.1.1 City shall obtain and deliver releases of liens, if any, from all lienholders holding liens affecting the Reserve Avenue Property. 9.1.2 City shall execute and deliver to Carilion a Special Warranty Deed covering the Reserve Avenue Property, conveying good and indefeasible fee simple title to the Reserve Avenue Property, free and clear of all liens and encumbrances, other than the Reserve Avenue Permitted Encumbrances. 9.1.3 City shall execute and deliver to Carilion or its title insurer (1) a mechanic's lien affidavit in a form satisfactory to Carilion or its title insurance company, (2) an affidavit if the form is required by Section 1445 of the Internal Revenue Code to establish that City is not a foreign person, (3) a statement certifying that all representations and warranties of City contained in this Option Agreement remain true and correct as of the date and time of Reserve Avenue Closing, and (4) such other affidavits or 9 DRAF 1 DATE 10.1 3.2014 certifications required by Carilion's title insurance company, and as set forth in the title insurance commitment. 9.1.4 City and Carilion shall each execute such other instruments as are customarily executed in Virginia to effectuate the conveyance and acceptance of real estate similar to the Reserve Avenue Property, including any transfers of all riparian rights, rights to underground water and mineral rights associated with the Reserve Avenue Property, with the effect that, after the Reserve Avenue Closing, Carilion will have succeeded to all of the rights, titles and interests of City related to the Reserve Avenue Property and City will no longer have any right, title or interest in and to the Reserve Avenue Property. 9.1.5 Any real estate taxes or assessments applicable to the Reserve Avenue Property, and any income or rents from the Reserve Avenue Property, for the year in which the Reserve Avenue Closing occurs shall be prorated as of the date of the Reserve Avenue Closing. 9.1.6 Carilion shall tender to City the Reserve Avenue Purchase Price, subject to any credits or adjustments to the Reserve Avenue Purchase Price that are required under this Option Agreement. 9.2 At the Gill Memorial Closing: 9.2.1 Carilion shall obtain and deliver releases of liens, if any, from all lienholders holding liens affecting the Gill Memorial Property. 9.2.2 Carilion shall execute and deliver to the City a General Warranty Deed covering the Gill Memorial Property, conveying good and indefeasible fee simple title to the Gill Memorial Property, free and clear of all liens and encumbrances, other than the Gill Memorial Permitted Encumbrances. 9.2.3 Carilion shall execute and deliver to City or its title insurer (1) a mechanic's lien affidavit in a form satisfactory to City or its title insurance company, (2) an affidavit if the form is required by Section 1445 of the Internal Revenue Code to establish that Carilion is not a foreign person, (3) a statement certifying that all representations and warranties of Carilion contained in this Option Agreement remain true and correct as of the date and time of Gill Memorial Closing, and (4) such other affidavits or certifications required by City's title insurance company, and as set forth in the title insurance commitment. 9.2.4 Carilion and City shall each execute such other instruments as are customarily executed in Virginia to effectuate the conveyance and acceptance of real estate similar to the Gill Memorial Property, including any transfers of all riparian rights, rights to underground water and mineral 10 DIL1f°1 DAIl 10.13 2013 rights associated with the Gill Memorial Property, with the effect that, after the Gill Memorial Closing, City will have succeeded to all of the rights, titles and interests of Carilion related to the Gill Memorial Property and Carilion will no longer have any right, title or interest in and to the Gill Memorial Property. 9.2.5 Any real estate taxes or assessments applicable to the Gill Memorial Property, and any income or rents from the Gill Memorial Property, for the year in which the Gill Memorial Closing occurs shall be prorated as of the date of the Gill Memorial Closing. 9.2.6 Subject to the provisions of Section 9.3 hereof, City shall tender to Carilion the Gill Memorial Purchase Price, subject to any credits or adjustments to the Gill Memorial Purchase Price that are required under this Option Agreement, by transferring to Carilion the sum of (i) $610,000 received from the sale of the Reserve Avenue Property; and either, at the sole option of the City, (ii) the balance of the Gill Memorial Purchase Price in cash, certified check or wire transfer, or (iii) release of the City's right to operate the Crystal Spring Park at the WVWA Property in accordance with Section 9.3.1 hereof. 9.3 Release of the City's Right to Operate Crystal Spring Park at the WVWA Property. 9.3.1 Upon exercise of the City Option, the City shall, subject to the provisions of Section 9.3.2 hereof, initiate appropriate proceedings as required by applicable laws of the Commonwealth of Virginia and ordinances of the City to request City Council to consider the release of the City's right to operate Crystal Spring Park at the WVWA Property. In the event that City Council does not authorize the release of the City's right to operate Crystal Spring Park at the WVWA Property prior to the Gill Memorial Closing, the City may, in its sole option and discretion, (i) terminate this Option Agreement; (ii) proceed to the Gill Memorial Closing and provide the balance of the Gill Memorial Purchase Price in cash, certified check, or wire transfer; or (iii) extend the Gill Memorial Closing for up to ninety (90) days in order to permit City Council to consider the request to authorize the release of the City's right to operate Crystal Spring Park at the WVWA Property. If City Council does not authorize the release of such right, then the City shall elect, in its sole option, to proceed with the Gill Memorial Closing pursuant to Section 9.3.1(ii) or terminate this Option Agreement pursuant to Section 9.3.1 (i). The City shall notify Carilion of the City's election in writing, with delivery in accordance with the provisions of this Option Agreement. In the event that the City elects to terminate this Option Agreement, this Option Agreement shall terminate and neither party shall have any further rights or obligations hereunder, including the obligation of Carilion to purchase the Reserve 11 DRAF1 DA IL 10.13.2014 Avenue Property based upon the mandatory exercise of the Carilion Option as set forth in Section 2.4 hereof. 9.3.2 The City reserves the right to initiate the appropriate proceedings as required by applicable laws of the Commonwealth of Virginia and ordinances of the City to request City Council to authorize the release of the City's right to operate Crystal Spring Park at the WVWA prior to the City's exercise of the City Option. Under no circumstances shall (i) the initiation of any proceedings by the City to authorize the release of the City's right to operate Crystal Spring Park at the WVWA Property prior to the City's exercise of the City Option; or (ii) any decision of City Council during such proceedings, constitute the City's exercise of the City Option. The City expressly retains its right to exercise the City Option, irrespective of (i) the initiation of proceedings, or (ii) the decision of City Council to authorize the release of the City's right to operate Crystal Spring Park at the WVWA Property in the event that the City initiates such proceedings prior to the City's exercise of the City Option. 10. Possession. 10.1 Possession of the Reserve Avenue Property. The City shall deliver exclusive possession of the Reserve Avenue Property to Carilion at the Reserve Avenue Closing, in the same condition as on the date of this Option Agreement, normal wear and tear excepted, free and clear of all tenants, occupants, parties in possession, leases, licenses and permits which are not included in the Reserve Avenue Permitted Encumbrances. 10.2 Possession of the Gill Memorial Property. Carilion shall deliver exclusive possession of the Gill Memorial Property to the City at the Gill Memorial Closing, in the same condition as on the date of this Option Agreement, normal wear and tear excepted, free and clear of all tenants, occupants, parties in possession, leases, licenses and permits which are not included in the Gill Memorial Permitted Encumbrances. 11. Closing Expenses. 11.1 Reserve Avenue Closing. Carilion shall be responsible for the cost of preparing and recording the deeds and any other instruments required to be executed at Reserve Avenue Closing. The City shall be responsible for the payment of the grantor's tax. Carilion shall be responsible for the cost of the title search, the cost of title insurance, the costs of investigating the Reserve Avenue Property, and the cost of the Survey, if any. 12 DRAFT DATE 10.13 2014 11.2 Gill Memorial Closing. The City shall be responsible for the cost of preparing and recording the deeds and any other instruments required to be executed at Gill Memorial Closing. Carilion shall be responsible for the payment of the grantor's tax. City shall be responsible for the cost of the title search, the cost of title insurance, the costs of investigating the Gill Memorial Property, and the cost of the Survey, if any. 12. Governmental Approvals. 12.1 Reserve Avenue Property. In the event that the approval of any governmental entity, including, but not limited to, subdivision approval, rezoning, special permits, environmental permits or variances, is required for the transfer of the Reserve Avenue Property to Carilion, Carilion's receipt of such approvals, permits and variances shall be a condition precedent to Carilion's obligation to close the purchase of the Reserve Avenue Property. The City agrees to promptly execute any forms and applications related thereto that Carilion reasonably requests, provided, however, that the burden of obtaining such approval shall be borne by Carilion. The City shall cooperate with Carilion in pursuing the foregoing approvals, permits and variances. 12.2 Gill Memorial Property_ In the event that the approval of any governmental entity, including, but not limited to, subdivision approval, rezoning, special permits, environmental permits or variances, is required for the transfer of the Gill Memorial Property to the City, the City's receipt of such approvals, permits and variances shall be a condition precedent to the City's obligation to close the purchase of the Gill Memorial Property (other than as provided in Section 9.3 hereof). Carilion agrees to promptly execute any forms and applications related thereto that the City reasonably requests, provided, however, that the burden of obtaining such approval shall be borne by the City. Carillon shall cooperate with the City in pursuing the foregoing approvals, permits and variances. 13. Default. If a party defaults under this Option Agreement and such default continues for fifteen (15) days after receipt of notice thereof from the other party, the sole and exclusive remedy of the non-defaulting party shall be to elect to either (i) prosecute an action for specific performance of this Option Agreement against the defaulting party, or (ii) terminate this Option Agreement by notice to the defaulting party, the Carilion Option Fee shall be returned to Carilion and the City Option Fee shall be returned to the City, and neither party shall have any further rights or obligations hereunder. 13 DRAFT DATE- 10.13.2014 14. Survival. All covenants, agreements, representations and warranties contained in this Option Agreement shall survive the respective closing, transfer of the the Gill Memorial Property to the City, transfer of the Reserve Avenue Property to Carilion, the payment of the Reserve Avenue Purchase Price, and the payment of the Gill Memorial Purchase Price, for a period of six (6) months, and shall not merge into the respective deeds delivered at the respective closing. 15. Property Owner's Covenants and Conditions to Closing. 15.1 City's Covenants with Respect to the Reserve Avenue Property. During the term of this Option Agreement, the City shall not, without the prior written consent of Carilion: 15.1.1 Enter into any agreement, or amend, modify, extend or renew any existing agreement, for the use, sale or lease of the Reserve Avenue Property which would (1) survive the Reserve Avenue Closing, (2) otherwise affect the use, operation or enjoyment of the Reserve Avenue Property after the Reserve Avenue Closing, or (3) materially and adversely affect the value of the Reserve Avenue Property; 15.1.2 Commit or permit to be committed any waste or change in the use, condition or appearance of the Reserve Avenue Property; and 15.1.3 Perform or consent to any zoning or rezoning of the Reserve Avenue Property. Carilion's obligation to close the purchase of the Reserve Avenue Property shall be conditioned upon (1) there having occurred no material adverse change in the condition or use, or other change in circumstances, with respect to any land surrounding or in the vicinity of the Reserve Avenue Property that has a material adverse effect on the value of the Reserve Avenue Property; (2) the Reserve Avenue Property being in substantially the same condition and used for the same uses and purposes on the date of the Reserve Avenue Closing as existed on the date of this Option Agreement; and (3) the Reserve Avenue Property shall be subject only to the Reserve Avenue Permitted Encumbrances. 15.2 Carilion's Covenants with Respect to the Gill Memorial Property. During the term of this Option Agreement, Carilion shall not, without the prior written consent of the City: 15.1.1 Enter into any agreement, or amend, modify, extend or renew any existing agreement, for the use, sale or lease of the Gill Memorial Property which would (1) survive the Gill Memorial Closing, (2) otherwise affect the use, operation or enjoyment of the Gill Memorial Property after the Gill Memorial Closing, or (3) 14 D1:\Ff DA 11S 10.13.2014 materially and adversely affect the value of the Gill Memorial Property; 15.1.2 Commit or permit to be committed any waste or change in the use, condition or appearance of the Gill Memorial Property; and 15.1.3 Perform or consent to any zoning or rezoning of the Gill Memorial Property. The City's obligation to close the purchase of the Gill Memorial Property shall be conditioned upon (1) there having occurred no material adverse change in the condition or use, or other change in circumstances, with respect to any land surrounding or in the vicinity of the Gill Memorial Property that has a material adverse effect on the value of the Gill Memorial Property; (2) the Gill Memorial Property being in substantially the same condition and used for the same uses and purposes on the date of the Gill Memorial Closing as existed on the date of this Option Agreement; and (3) the Gill Memorial Property shall be subject only to the Gill Memorial Permitted Encumbrances. 16. Assignment. The City or Carilion, as a purchaser hereunder, shall have the right to assign this Option Agreement and any of its rights and obligation hereunder to any party without the consent of the other party, by delivering prior written notice of such assignment to the other at any time prior to the respective closings. 17. Time is of the Essence. Time shall be of the essence in the performance of all obligations under this Option Agreement. If the time period by which any right, option or election provided under this Option Agreement must be exercised, or by which any act required under this Option Agreement must be performed, or by which an event must be held, expires on a Saturday, Sunday or a holiday, then such time period shall be automatically extended to the next business day. 18. Compliance with Laws and Regulations, and Immigration Law. Carilion agrees to and will comply with all applicable federal, state, and local laws, ordinances, and regulations, including, but not limited to all applicable licensing requirements and environmental regulations. Carilion further agrees that Carilion does not and shall not during the performance of this Option Agreement; knowingly employ an unauthorized alien as defined in the Federal Immigration Reform & Control Act of 1986. 19. Forum Selection and Choice of Law. This Option Agreement shall be governed by, and construed in accordance with, the laws of the Commonwealth of Virginia, without application of Virginia's conflict of law provisions. Venue for any litigation, suits, and claims arising from or connected with this Option Agreement shall only be proper in the Roanoke City Circuit Court, or in the Roanoke City General District Court if the amount in controversy is within the jurisdictional limit of such court, and all parties to this Option Agreement voluntarily submit themselves to the jurisdiction and venue of such courts, regardless of the actual location of such parties. The provisions of this Option Agreement shall not be construed in favor of or against 15 DRAFT DATE 10.13.2014 either party, but shall be construed according to their fair meaning as if both parties jointly prepared this Option Agreement. 20. Severability. If any provision of this Option Agreement, or the application of any provision hereof to a particular entity or circumstance, shall be held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Option Agreement shall not be affected and all other terms and conditions of this Option Agreement shall be valid and enforceable to the fullest extent permitted by law. 21. Nondiscrimination. 21.1 During the performance of this Option Agreement, Carilion agrees as follows: 21.1.1 Carilion 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 Carilion. Carilion agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 21.1.2 Carilion in all solicitations or advertisements for employees placed by or on behalf of Carilion will state that Carilion is an equal opportunity employer. 21.1.3 Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. 21.2 Carilion will include the provisions of the foregoing Sections 21.1.1, 21.1.2, and 21.1.3 in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. 22. Drug-free Workplace. 22.1 During the performance of this Option Agreement, Carilion agrees to (i) provide a drug-free workplace for Carilion's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the workplace 16 DRAFT DATIE 10.13.2014 and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of Carilion that Carilion maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. 22.2 For the purposes of this section, "drug-free workplace" means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract. 23. Faith Based Organizations. Pursuant to Virginia Code Section 2.2-4343.1, be advised that the City does not discriminate against faith-based organizations. 24. Entire Agreement. This Option Agreement represents the entire integrated agreement between the parties and supersedes all prior negotiations, representations or agreements, either written or oral. This Option Agreement shall not be amended or modified except by written instrument signed by the parties. 25. Notices. All notices provided or permitted to be given under this Option Agreement must be in writing and shall be served by depositing same in United States certified or registered Mail, return receipt requested, by guaranteed overnight delivery service (e.g. Federal Express, UPS, Next Day Air), or by hand delivery, to each of the addresses set forth below. All notices shall be effective three (3) days after mailing in accordance herewith, two (2) days after consignment to a guaranteed overnight delivery service, or upon hand delivery. For purposes of notice, the addresses of the parties shall be as follows: Carilion: CARILLON SERVICES, INC. 213 S. Jefferson Street Suite 1600 Roanoke, VA 24011 Attention: Legal Department City: Christopher P. Morrill, City Manager CITY OF ROANOKE, VIRGINIA 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 17 DRAFT DA fL; 10.1 3.2014 The City and Carilion shall have the right to change their respective addresses for the receipt of notices by giving seven (7) days prior notice of such change of address in accordance herewith. 26. Binding Effect. This Option Agreement shall be binding upon and inure to the benefit of the parties and their successors and assigns. 27. Memorandum of Option. The parties shall execute two (2) Memoranda of Option in the form set forth in Exhibit G-1 and Exhibit G-2, copies of which are attached hereto and made a part hereof. The City and Carilion may record the memoranda in the Roanoke City Circuit Court Clerk's Office at purchaser's expense. In the event the City Option and the Carilion Option are not timely exercised, or in the event that the Option Agreement is terminated, Carilion and the City shall promptly execute releases of any Memoranda of Option, such release to be in recordable form. 28. Cost for Publication of Notices. Carilion shall be responsible for all costs of publication incurred by the City for any and all public notices required pursuant to applicable law. 28. Counterparts, Facsimiles. This Option Agreement may be executed in counterparts. Each executed counterpart of this Option Agreement will constitute an original document, and all executed counterparts, together, will constitute the same agreement. Any counterpart evidencing signature by one party that is delivered by telecopy by such party to the other party hereto shall be binding on the sending party when such telecopy is sent, and such sending party shall within ten days thereafter deliver to the other parties a hard copy of such executed counterpart containing the original signature of such party or its authorized representative. SIGNATURES APPEAR ON FOLLOWING PAGES 18 DRAF f DATE 10.13.2014 IN WITNESS WHEREOF, the City and Carilion have executed this Option Agreement as of the date first set forth above. CARILLON SERVICES, INC., By: Name: Title: STATE OF § § To-wit: CITY/COUNTY OF § The foregoing instrument was acknowledged before me this day of October, 2014, by the duly authorized of Carilion Services, Inc., a Virginia corporation, on behalf of Carilion Services, Inc. My commission expires: Notary Public SEAL 19 DRAFT DATE 10.13.2014 CITY OF ROANOKE, VIRGINIA By Christopher P. Morrill, City Manager COMMONWEALTH OF VIRGINIA § § To-wit: CITY/COUNTY OF § The foregoing instrument was acknowledged before me this day of October, 2014, by Christopher P. Morrill, the duly authorized City Manager for the City of Roanoke, Virginia, a Virginia municipal corporation, on behalf of the City of Roanoke, Virginia.. My commission expires: Notary Public SEAL 20 DRAFT DA 111 10.1;2014 Appropriation and funds required for this Option Agreement certified: Director of Finance Date: Account: Approved as to form: Approved as to execution: City Attorney City Attorney 21 DRAF1 DAII: 10.132014 OPTION AGREEMENT dated October , 2014, by and among City of Roanoke, Virginia and Carilion Services, Inc. EXHIBIT A Description of Reserve Avenue Property The Reserve Avenue Property is that certain parcel of real estate, together with all buildings and improvements thereon, situated at 250 Reserve Avenue, S.W., Roanoke, Virginia, depicted as Official Tax Map No. 1040201, being that parcel of real estate, together with buildings and improvements thereon, shown on a plat of land entitled "Plat Showing 2.6570 AC (115,739 S.F.), being Tax # 1040201, Property of the City of Roanoke, D.B. 661, Page 320, Situated at #250 Reserve Ave., S.W./, City of Roanoke, Virginia" dated October 15, 2012, prepared by Lumsden Associates P.C., and filed with the Clerk's Office of the Circuit Court for Roanoke City on October 30, 2012, as Document No. 120011399 (the "Plat"). Meaning and intending to describe the property conveyed to the City by deed of Elizabeth Griggs Barbour, et al, dated December 26, 1940, and recorded in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia at D.B. 661, Page 320. 22 DRAFT DATE 10.13.2014 OPTION AGREEMENT dated October_, 2014, by and among City of Roanoke, Virginia and Carilion Services, Inc. EXHIBIT B Description of Crystal Spring Park Crystal Spring Park is the open air park consisting of six (6) tennis courts, a shelter, two (2) picnic tables, restrooms, and related amenities, located on Jefferson Street, S.E. between Weller Lane and Yellow Mountain Road, Roanoke, Virginia, on real property of Western Virginia Water Authority on Jefferson Street, S.E., Roanoke, Virginia, and depicted as Official Tax Map No. 4060502 (the WVWA Property"). Western Virginia Water Authority acquired title to the WVWA Property by deed of the City to Western Virginia Water Authority dated October 30, 2004, and recorded in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia at D.B. 04001, Page 9281, and also reserved pursuant to the Operating Agreement Among Western Virginia Water Authority, City of Roanoke, Virginia, and County of Roanoke, dated June 30, 2004. 23 DRAFT DA It 10.13.2014 OPTION AGREEMENT dated October , 2014, by and among City of Roanoke, Virginia and Carilion Services, Inc. EXHIBIT C Description of Gill Memorial Property BEGINNING at a point on the west side of Jefferson Street 96 feet south of Day Avenue; thence with Jefferson Street S. 06° 45' W. 48 feet to an alley; thence with said alley S. 88° 30' W. 145 feet to another alley (now closed); thence with the latter closed alley N. 06° 45' E. 48 feet to a point; thence N. 88° 30' E. 145 feet to the PLACE OF BEGINNING; and LESS AND EXCEPT that portion of the hereinabove described property which was heretofore conveyed to the City of Roanoke, Virginia, for the purpose of widening Jefferson Street; and TOGETHER WITH that certain strip or parcel of land adjoining the westerly line of the property herein described and conveyed, being a former alley vacated by ordinance of the City of Roanoke; and BEING a part of the same property conveyed to Carilion Medical Center (successor by merger to Gill Memorial Eye,Ear, Nose and Throat Hospital, Incorporated) as follows: (1) Deed from Elbyrne G. Gill and Ruth M. Gill, his wife, dated February 1, 1965, of record in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia, in Deed Book 1172, page 545; and (2) Portion of alley vacated by the Council of the City of Roanoke by Ordinance No. 27299 effective November 29, 1984; and (3) Deed of Exchange from Hunter, Fox, and Wooten, Inc. dated November 30, 1984, of record in the Clerk's Office aforesaid in Deed Book 1512, page 1492. Being all of the property now shown on the Tax Appraisal Map of the City of Roanoke as Tax Parcel No. 1020510 24 DRAF 1 DATE 10.13.2014 OPTION AGREEMENT dated October , 2014, by and among City of Roanoke, Virginia and Carilion Services, Inc. EXHIBIT D Reserve Avenue Permitted Encumbrances The Reserve Avenue Permitted Encumbrances include all matters of record and all matters that would be revealed by an accurate ground survey of the 250 Reserve Avenue Property, including, but not limited to: 1. All easements, rights, and licenses granted to utilities for electricity, gas, water, sewer, and stormwater; 2. The Reservation Easement set forth in the plat entitles "Roanoke River Flood Reduction Project" dated June 27, 2001, by the City Engineer, and recorded in the Clerk's Office for the Circuit Court for the City of Roanoke, Virginia, at MB 1, Page 2776, and as depicted on the Plat described in Exhibit A of this Option Agreement; 3. All restrictions, reservations, easements, and other matters depicted, described, or referenced on the Plat described in Exhibit A of this Option Agreement; 4. All restrictions, reservations, and limitations to which the 250 Reserve Avenue Property are subject to as the result of the location of the 250 Reserve Avenue Property within the FEMA Floodway; 5. All matters set forth and contained in the ESA for 250 Reserve Avenue Property Report referred to in Exhibit F of this Option Agreement; and 6. All local zoning regulations. 25 DRA1,T DA IT, 10.132014 OPTION AGREEMENT dated October_, 2014, by and among City of Roanoke, Virginia and Carilion Services, Inc. EXHIBIT E Gill Memorial Property Permitted Encumbrances The Gill Memorial Permitted Encumbrances include all matters of record and all matters that would be revealed by an accurate ground survey of the 709 Jefferson Street Property, including, but not limited to: 1. All easements, rights, and licenses granted to utilities for electricity, gas, water, sewer, and stormwater; and 2. All local zoning regulations. 26 DRAF1 D A l E 10.13 2014 OPTION AGREEMENT dated October_, 2014, by and among City of Roanoke, Virginia and Carilion Services, Inc. EXHIBIT F City Environmental Report Regarding Reserve Avenue Property Carilion acknowledges receipt of a report entitled "Phase I Environmental Site Assessment date September 18, 2012," prepared by Earth Environmental and Civil, Inc. (the "ESA for 250 Reserve Avenue Property"). The City and Carilion incorporate by reference the ESA for 250 Reserve Avenue Property in this Option Agreement. 27 DRAFT DATE 10.13.2014 OPTION AGREEMENT dated October , 2014, by and among City of Roanoke, Virginia and Carilion Services, Inc. EXHIBIT G-1 Memorandum of Option for City Option Prepared by: Daniel J. Callaghan City Attorney VSB#84658 Office of the City Attorney Noel C.Taylor Municipal Building 215 Church Avenue, S.W.,Room 464 Roanoke.VA 24011 Roanoke Official Tax Map No. 1020510 Property Owner:Carillon Services.Inc. Consideration:$ Value: $ This Memorandum of Option to Purchase Real Estate ("Memorandum") is made this day of October, 2014, by and between the CITY OF ROANOKE, VIRGINIA, a municipal corporation organized and existing under the laws of the Commonwealth of Virginia ("City"), and CARILION SERVICES, INC., a corporation organized and existing under the laws of the Commonwealth of Virginia ("Carilion"). Pursuant to the requirements of Section 55-57.1(B) of the Code of Virginia, (1950), as amended, the City and Carilion provide the following information with respect to the Option Agreement by and between the City and Carilion dated October , 2014 (the "Option Agreement"): 1. The name of the party granting an option to purchase certain real property, together with buildings and improvements thereon, situated at 709 Jefferson Street, S.W., Roanoke, Virginia, depicted at Official Tax Map No. 1020510 in the records of the City, and more particularly described in Exhibit A attached hereto and made a part hereof (the "Gill Memorial Property") is: CARILION SERVICES, INC. 2. The name of the party holding the option to purchase the Gill Memorial Property pursuant to the terms of the Option Agreement is: 28 DRAFT DAFT 10.13.2014 CITY OF ROANOKE, VIRGINIA 3. The address of Carilion and the City are: Carilion: CARILION SERVICES, INC. 213 S. Jefferson Street Suite 1600 Roanoke, VA 24011 Attention: Legal Department City: CITY OF ROANOKE, VIRGINIA Noel C. Taylor Municipal Building, Room 364 215 Church Avenue, S.W., Roanoke, Virginia 24011-1591 Attn: City Manager 4. The Option Agreement is dated October , 2014. 5. The description of the Gill Memorial Property is attached hereto as Exhibit A. 6. The option price for the Gill Memorial Property is $860,000.00. 7. The term of the option granted to the City commences as of October , 2014, and expires on May I, 2015, at 5:00 p.m. (local time). The City must provide notice of its exercise of its option to purchase the Gill Memorial Property to Carilion on or before May 1, 2015, at 5:00 p.m. (local time) or the option automatically terminates. Upon proper exercise of the option, the closing on the sale of the Gill Memorial Property shall occur within sixty (60) days after the proper exercise of the option by the City. 8. The City has no right to extend or renew the option granted to it. This Memorandum of Option to Purchase Real Estate has been executed by the duly authorized persons for the City and Carilion, respectively, as of the date first above written. SIGNATURES APPEAR ON FOLLOWING PAGES 29 DRAFT DATE 10.13.2014 CARILION SERVICES, INC. By: Witness Name: Title: STATE OF § § To-wit: CITY/COUNTY OF § The foregoing instrument was acknowledged before me this day of October, 2014, by , the duly authorized of Carilion Services, Inc., a Virginia corporation, on behalf of Carilion Services, Inc. My commission expires: Notary Public SEAL 30 DRAM DA 11: 10.13.2014 ATTEST: CITY OF ROANOKE, VIRGINIA By Stephanie M. Moon Reynolds Christopher P. Morrill, City Manager City Clerk COMMONWEALTH OF VIRGINIA § § To-wit: CITY/COUNTY OF § The foregoing instrument was acknowledged before me this day of October, 2014, by Christopher P. Morrill, the duly authorized City Manager for the City of Roanoke, Virginia, a Virginia municipal corporation, on behalf of the City of Roanoke, Virginia.. My commission expires: Notary Public SEAL Approved as to form: City Attorney 31 DRAF I DA TL 10.1 3.2014 MEMORANDUM OF OPTION TO PURCHASE REAL ESTATE EXHIBIT A Description of Gill Memorial Property BEGINNING at a point on the west side of Jefferson Street 96 feet south of Day Avenue; thence with Jefferson Street S. 06° 45' W. 48 feet to an alley; thence with said alley S. 88° 30' W. 145 feet to another alley (now closed); thence with the latter closed alley N. 06° 45' E. 48 feet to a point; thence N. 88° 30' E. 145 feet to the PLACE OF BEGINNING; and LESS AND EXCEPT that portion of the hereinabove described property which was heretofore conveyed to the City of Roanoke, Virginia, for the purpose of widening Jefferson Street; and TOGETHER WITH that certain strip or parcel of land adjoining the westerly line of the property herein described and conveyed, being a former alley vacated by ordinance of the City of Roanoke; and BEING a part of the same property conveyed to Carilion Medical Center (successor by merger to Gill Memorial Eye, Ear, Nose and Throat Hospital, Incorporated) as follows: (4) Deed from Elbyrne G. Gill and Ruth M. Gill, his wife, dated February 1, 1965, of record in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia, in Deed Book 1172, page 545; and (5) Portion of alley vacated by the Council of the City of Roanoke by Ordinance No. 27299 effective November 29, 1984; and (6) Deed of Exchange from Hunter, Fox, and Wooten, Inc. dated November 30, 1984, of record in the Clerk's Office aforesaid in Deed Book 1512, page 1492. Being all of the property now shown on the Tax Appraisal Map of the City of Roanoke as Tax Parcel No. 1020510 32 DRAM DATE 10.13 2014 OPTION AGREEMENT dated October , 2014, by and among City of Roanoke, Virginia and Carilion Services, Inc. EXHIBIT G-2 Memorandum of Option for Carilion Option Prepared by: Daniel J. Callaghan City Attorney VSB#84658 Office of the City Attorney Noel C.Taylor Municipal Building 215 Church Avenue, S.W.,Room 464 Roanoke,VA 24011 Roanoke Official Tax Map No. 1040201 Property Owner: City of Roanoke,Virginia Consideration:$ Value: $ This Memorandum of Option to Purchase Real Estate ("Memorandum") is made this day of October, 2014, by and between the CITY OF ROANOKE, VIRGINIA, a municipal corporation organized and existing under the laws of the Commonwealth of Virginia ("City"), and CARILION SERVICES, INC., a corporation organized and existing under the laws of the Commonwealth of Virginia ("Carilion"). Pursuant to the requirements of Section 55-57.1(B) of the Code of Virginia, (1950), as amended, the City and Carilion provide the following information with respect to the Option Agreement by and between the City and Carilion dated October , 2014 (the "Option Agreement"): 1. The name of the party granting an option to purchase certain real property, together with buildings and improvements thereon, situated at 250 Reserve Avenue, S.W., Roanoke, Virginia, depicted at Official Tax Map No. 1040201 in the records of the City, and more particularly described in Exhibit A attached hereto and made a part hereof (the "Reserve Avenue Property") is: CITY OF ROANOKE, VIRGINIA 2. The name of the party holding the option to purchase the Gill Memorial Property pursuant to the terms of the Option Agreement is: CARILLON SERVICES, INC. 33 DRAFT DA"IL 10.1 3.2014 3. The address of Carilion and the City are: Carilion: CARILION SERVICES, INC. 213 S. Jefferson Street Suite 1600 Roanoke, VA 24011 Attention: Legal Department City: CITY OF ROANOKE, VIRGINIA Noel C. Taylor Municipal Building, Room 364 215 Church Avenue, S.W., Roanoke, Virginia 24011-1591 Attn: City Manager 4. The Option Agreement is dated October , 2014. 5. The description of the Reserve Avenue Property is attached hereto as Exhibit A. 6. The option price for the Reserve Avenue Property is $610,000.00. 7. The term of the option granted to Carilion commences as of October , 2014, and expires on May 1, 2015, at 5:00 p.m. (local time). Carilion must provide notice of its exercise of its option to purchase the Reserve Avenue Property to Carilion on or before May 1, 2015, at 5:00 p.m. (local time) or the option automatically terminates. Upon proper exercise of the option, the closing on the sale of the Reserve Avenue Property shall occur within thirty (30) days after the proper exercise of the option by Carilion. Notwithstanding the foregoing, under the terms of the Option Agreement, Carilion is deemed to exercise its option if the City exercises its right to acquire certain real property of Carilion, situated at 709 Jefferson Street, S.W., Roanoke, Virginia, and depicted as Official Tax Map No. 1020510 (the "Gill Memorial Property"). In such event, the closing on the sale of the Reserve Avenue Property to Carilion will occur at the time the closing on the sale of the Gill Memorial Property occurs. Carilion and the City have executed a separate memorandum of option to purchase real estate with respect to the Gill Memorial Property and have recorded it with the Clerk's Office for the Circuit Court of the City of Roanoke, Virginia. 8. Carilion has no right to extend or renew the option granted to it. This Memorandum of Option to Purchase Real Estate has been executed by the duly authorized persons for the City and Carilion, respectively, as of the date first above written. SIGNATURES APPEAR ON FOLLOWING PAGES 34 DRAFT DATE 10.13.2014 CARILION SERVICES, INC. By: Witness Name: Title: STATE OF § § To-wit: CITY/COUNTY OF § The foregoing instrument was acknowledged before me this day of October, 2014, by the duly authorized of Carilion Services, Inc., a Virginia corporation, on behalf of Carilion Services, Inc. My commission expires: Notary Public SEAL 35 DRAFt D.A I F 10.13.2014 ATTEST: CITY OF ROANOKE, VIRGINIA By Stephanie M. Moon Reynolds Christopher P. Morrill, City Manager City Clerk COMMONWEALTH OF VIRGINIA § § To-wit: CITY/COUNTY OF § The foregoing instrument was acknowledged before me this day of October, 2014, by Christopher P. Morrill, the duly authorized City Manager for the City of Roanoke, Virginia, a Virginia municipal corporation, on behalf of the City of Roanoke, Virginia.. My commission expires: Notary Public SEAL Approved as to form: City Attorney 36 DRAF1 DAlE 10.13.2014 MEMORANDUM OF OPTION TO PURCHASE REAL ESTATE EXHIBIT A Description of Reserve Avenue Property The Reserve Avenue Property is that certain parcel of real estate, together with all buildings and improvements thereon, situated at 250 Reserve Avenue, S.W., Roanoke, Virginia, depicted as Official Tax Map No. 1040201, being that parcel of real estate, together with buildings and improvements thereon, shown on a plat of land entitled "Plat Showing 2.6570 AC (115,739 S.F.), being Tax # 1040201, Property of the City of Roanoke, D.B. 661, Page 320, Situated at #250 Reserve Ave., S.W./, City of Roanoke, Virginia" dated October 15, 2012, prepared by Lumsden Associates P.C., and filed with the Clerk's Office of the Circuit Court for Roanoke City on October 30, 2012, as Document No. 120011399 (the"Plat"). Meaning and intending to describe the property conveyed to the City by deed of Elizabeth Griggs Barbour, et al, dated December 26, 1940, and recorded in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia at D.B. 661, Page 320. 37 The Roanoke Times Account Number Roanoke,Virginia 6017304 Affidavit of Publication Date R.BRIAN TOWNSEND,ASSISTANT C October 13,2014 215 CHURCH AVE SW ROOM 364 ROANOKE,VA 24011 Date Category Description Ad Size Total Cost l 10/19/2014 Municipal Notices NOTICE OF PUBLIC HEARING Pursuant to the requirements 1 x 76 L 406.56 Publisher of the Roanoke Times I, (the undersigned)an authorized representative of the Roanoke Times,a daily newspaper published in Roanoke, in the State of Virginia,do certify that the annexed notice NOTICE OF PUBLIC HEARING was published in said newspapers on the following dates: 10/13/2014 , , o', r ' Q to The First insertion being given ... 10/13/2014 , . atc G Newspaper reference: 0000088218 = �t . 1D3145 Sworn to and subscribed before me this Monday,October 13,2014..;' al •a __ rA \ �:i/ft rn',. i i Notary Pub ! I Bill' . Repr si e State of Virginia City/County of Roanoke My Commission expires I 04'31-15 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU NOTICE OF PUBLIC HEARING Pursuant to the requirements of Sections 15.2-1800.8 and 15.2-1813, Code of Virginia (1950), as Council of the City is of Roanoke will hold a 7:00 poi.,ors as hearing thereafter October 2014,atter may be heard,in the Council Chamber,4th Floor, Room 450, Noel C. Taylor Municipal Building,215 Church Avenue,S.W.,Roanoke, Virginia, 24011, on a proposed Option ands Carlion Services,Inc.(Carillon),kwh(erein the City proposes to provide Carilion with an option to purchase the former Navy Reserve Building located at 250 Reserve Avenue,S.W., together with Virginia,consisting hand of thereon,designated as Official Tax Map No. 1040201(Reserve Avenue Property)for the sum of$610,000. In exchange for obtaining the right to purchase the Reserve Avenue Property, Caution would grant the City an option to purchase real property owned by Carilion described as the Gill Memorial Building located at 709 Jefferson Street,S.W.,Roanoke, Virginia,and No.1020510(GlllMemoriall Property)orNthe sum of 550,000. In addition,the proposed Option Agreement contains a provision that the City,if the City exercises its option to acquire the Gill Memorial Property, Carilion must exercise its option and purchase the Reserve Avenue Property. The proposed Option Agreement provides that the City will use the proceeds from the sale of the Reserve Avenue Property for a portion of the purchase price and the City will pay the balance of the purchase price for the Gill Memorial Property by either CO paying Carilion the sum of $250,000:or(li)releasing its right to operate Crystal Spring Park located at 2012 Jefferson Street,5.E., on real property owned by the Western designated lasnOfficialt Tax Map rNo.406 502 (WVWA Property). The proposed Option Agreement provides that the release of the the sWV to will Crystal be Spring to subject at a separate h including notice The City process, se reserves the righ to initiate the process to release its right to operate Crystal Spring Park at the WVWA Property prior to exercising its option with the express agreement that such action does not constitute the exercise of the City's option to purchase the Gill Memorial Property. A copy of the proposed Option Agreement will be available at the City Clerk s Office, Room 456,Noel C.Taylor Municipal Building, 215 Church Avenue,S.W.,Roanoke, Virginia, 24011,on and after Monday,October 13,2014. For further information on the matter,you may contact the Office of the City Clerk at(540)853- 2541. All parties and interested entities may appear on the above date and time to be heard on the above matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at(540) 8532541, before 12:00 noon on Thursday, October 16,2014. Given under my hand this 9th day of October, 2014. Stephanie M.Moon Reynolds,City Clerk (88218) NOTICE OF PUBLIC HEARING Pursuant to the requirements of Sections 15.2-1800.B and 15.2-1813, Code of Virginia (1950), as amended, notice is hereby given that the Council of the City of Roanoke will hold a public hearing on October 20, 2014, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, 4th Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011, on a proposed Option Agreement between the City of Roanoke (City) and Carilion Services, Inc. (Carilion), wherein the City proposes to provide Carilion with an option to purchase the former Navy Reserve Building located at 250 Reserve Avenue, S.W., Roanoke, Virginia, consisting of 2.6570 acres, together with buildings and improvements thereon, designated as Official Tax Map No. 1040201(Reserve Avenue Property) for the sum of$610,000. In exchange for obtaining the right to purchase the Reserve Avenue Property, Carilion would grant the City an option to purchase real property owned by Carilion described as the Gill Memorial Building located at 709 Jefferson Street, S.W., Roanoke, Virginia, and designated as Official Tax Map No. 1020510 (Gill Memorial Property) for the sum of$860,000. In addition, the proposed Option Agreement contains a provision that the City, if the City exercises its option to acquire the Gill Memorial Property, Carilion must exercise its option and purchase the Reserve Avenue Property. The proposed Option Agreement provides that the City will use the proceeds from the sale of the Reserve Avenue Property for a portion of the purchase price and the City will pay the balance of the purchase price for the Gill Memorial Property by either (i) paying Carilion the sum of $250,000; or (ii) releasing its right to operate Crystal Spring Park located at 2012 Jefferson Street, S.E., on real property owned by the Western Virginia Water Authority (WVWA) designated as Official Tax Map No. 4060502 (WVWA Property). The proposed Option Agreement provides that the release of the City's right to operate Crystal Spring Park at the WVWA Property will be subject to a separate process, including notice and public hearing. The City reserves the right to initiate the process to release its right to operate Crystal Spring Park at the WVWA Property prior to exercising its option with the express agreement that such action does not constitute the exercise of the City's option to purchase the Gill Memorial Property. A copy of the proposed Option Agreement will be available at the City Clerk's Office, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011, on and after Monday, October 13, 2014. For further information on the matter, you may contact the Office of the City Clerk at(540)853-2541. All parties and interested entities may appear on the above date and time to be heard on the above 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, October 16, 2014. 1 Given under my hand this 9th day of October, 2014. Stephanie M. Moon Reynolds, City Clerk Note to Publisher: Please publish once in the Roanoke Times, legal notices, on Monday, October 13, 2014. Please send bill to: Please send affidavit of publication to: R. Brian Townsend, Assistant City Manager Stephanie M. Moon Reynolds, City Clerk For Community Development 4"' Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 215 Church Avenue, S.W., Room 456 Roanoke, Virginia, 24011 Roanoke, Virginia, 24011 2 six 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 E-mail: clerk@ roanokeva.gov JONATHAN E.CRAFT,CMC STEPHANIE M.MOON REYNOLDS,MMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC October 21, 2014 Assistant City Clerk Municipal Code Corporation P. O. Box 2235 Tallahassee, Florida 32316 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 40088-102014 amending and reordaining Section 36.2-205, Dimensional regulations; Table 205-1, Permitted Yard Encroachments; Table 205-2, Application of Maximum Front Yard Requirements; Section 36.2-311, Use table for residential districts; Section 36.2-312, Dimensional regulations for residential districts; Section 36.2-313, Front yard dimensions for infill development; Section 36.2-315, Use table for multiple purpose districts; Section 36.2-317, Civic space yard option; Section 36.2-319, Building placement and facade transparency standards for multiple purpose districts; Table 319-1, Building Placement and Façade Transparency Requirements; Section 36.2-322, Use table for industrial districts; Section 36.2-336, Comprehensive Sign Overlay District; Section 36.2-403, Accessory uses and structures; Sections 36.2-408, Day care centers, child; Section 36.2-411, Gasoline stations; Section 36.2-419, Motor vehicle repair or service establishment; Section 36.2-422, Outdoor display areas; Section 36.2-429, Temporary uses; Table 429-1, Temporary Uses; Section 36.2-522, Zoning permits; Section 36.2-540, Zoning amendments; Section 36.2-551, Development plans, generally; Section 36.2-552, Basic development plans; Section 36.2-561, Variances; Section 36.2-630, General development standards; Section 36.2-644, Overall tree canopy requirements; Section 36.2-645, Street yard trees; Table 647-1, Buffering and Screening of Certain Uses and Activities; Table 649-1, Buffering, Screening, and Landscaping Materials; Table 654-1, Parking and Loading Area Standards; Section 36.2-661, Applicability; Section 36.2-668, On-premises signs, generally; Table 668-1, Type, Number, and Size of On-Premises Signs; Section 36.2-673, Temporary on- premises signs; Appendix A, Definitions; and Appendix B, Submittal Requirements, B-2 Comprehensive Development Plan; of Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended, for the purpose of clarifying or refining regulations based On their practical application. Municipal Code Corporation October 21 , 2014 Page 2 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 20, 2014; and is in full force after December 31, 2014. Sincerely, Stephanie M. Moon Re olds, C City Clerk Enclosure pc: The Honorable Brenda S. Hamilton, Clerk, Circuit Court Rick Kahl, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Stephen D. Poff, Chief Magistrate, Office of the Magistrate Joey Klein, Law Librarian Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Ian Shaw, Zoning Administrator Tina Carr, Secretary, City Planning Commission \IP\c,.+3-. IN TI IF COUNCIL OF TI Ili CITY OF ROANOKIi, VIRGINIA The 20th day of October, 2014. No. 40088-102014. AN ORDINAN(9? amending and reordaining Section 36.2-205, Dimensional regulations; Table 205-1, Permitted Yard Encroachments; Table 205-2, Application of Maximum Front Yard Requirements; Section 362-311, Use table for residential districts; Section 36.2-312, Dimensional regulations for residential districts; Section 36.2-313, Front yard dimensions for infill development; Section 36.2-315, Use table for multiple purpose districts; Section 36.2-317, Civic space yard option; Section 36.2-319, Building placement and facade transparency standards for multiple purpose districts; "Table 319-1, Building Placement and Facade Transparency Requirements; Section 36.2-322, Use table for industrial districts; Section 36.2-336, Comprehensive Sign Overlay District; Section 36.2-403, Accessory uses and structures; Section 36.2-408, Day care centers, child; Section 36.2-411, Gasoline stations; Section 36.2-419, Motor vehicle repair or service establishment; Section 36.2-422, Outdoor display areas; Section 36.2-429, Temporary uses; Table 429-1, Temporary Uses; Section 36.2-522, Zoning permits; Section 36.2-540, Zoning amendments; Section 36.2-551, Development plans, generally; Section 36.2-552, Basic development plans; Section 36.2-561, Variances; Section 36.2-630, General development standards; Section 36.2-644, Overall tree canopy requirements; Section 36.2-645, Street yard trees; Table 647-1, Buffering and Screening of Certain Uses and Activities; Table 649-1, Buffering, Screening, and Landscaping Materials; Table 654-1, Parking and Loading Area Standards; Section 36.2-661, Applicability; Section 36.2-668, On-premises signs, generally; Table 668-1, Type, Number, and Size of On-Premises Signs; Section 36.2-673, Temporary on-premises signs; Appendix A, Definitions; and Appendix B, Submittal Requirements, B-2 Comprehensive Development Plan; of Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended, for the purpose of 1 clarifying or relining-regulations based on their practical application; and dispensing with the second reading of this Ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as ffillows: . The following sections of Chapter 362, Zoning, of the Code of the City of Roanoke (1979), as amended, are hereby amended and reordained to read and provide as follows: Section 36.2-205. Dimensional regulations. * * * (e) Yards, generally. * * * Table 205-1. Permitted Yard Encroachments Feature IFront JSide 'Rear * * * Pergolas, porches, stoops, steps, and stair landings in residential Yes No No districts 10 feet * * * (f) Front yards. * * * (3) In the residential districts, the maximum front yard requirements shall apply only to new principal structures. At least sixty (60) percent of the street facing building facade shall abut the line of the maximum front yard depth or shall lie between the lines of the minimum and maximum front yard depths. (4) Maximum front yard requirements in multiple purpose districts shall apply as specified in Table 205-2 below: 2 Table 205-2. Application of Maximum Front Yard Requirements Proposed Development 1 Application of Maximum Yard Requirement New principal building where one or more Locate and size any new building so at least principal buildings exist on the site, and the 60% of the resulting total of street-facing new building increases the width of street- facade is between the maximum yard line and hieing facades. the lot frontage or, where existing buildings are located beyond the maximum yard line, locate 100% of the new building between the maximum and minimum yard line. Exceptions: 1. The requirement to meet the sixty percent (60%) facade rule for an addition to an existing building shall apply only to one yard of a corner lot or through lot. 2. An addition not exceeding twenty percent (20%) of the existing principal building footprint is not subject to the maximum front yard requirements of this table. * * * (i) Yards- Corner lots and through lots. * * * (3) Through lots shall provide a front yard for each frontage: * * * (B) In the MX, CN, CG, D, IN, and OF Districts, the primary front yard two (2) maximum yards shall be established according to Section 36.2-319 and shall be provided with the minimum and maximum depths of the district or as determined by Section 36.2-313, as applicable. The other front yard shall be subject to only the minimum front yard depth required by the district. * * * Section 36.2-311. Use table for residential districts. District RA R-12 R-7 R-5 R-3 RM-1 RM-2 RMF Supplemental Regulation Section * * * Commercial Uses * * * Family day home S S S S SS S S 3 * * * "P" indicates a use permitted as of right. "S" indicates a use permitted only by special exception. A blank cell indicates the use is not permitted; any use not listed in this table is not permitted in residential districts. Section 36.2-312. Dimensional regulations for residential districts. District RA R-12 R-7 R-5 R-3 RM-1 RM-2 RMF Accessory structure 5 S 0 0 0 0 0 0 5 minimum setback from rear and side lot lines (feet) * * * Minimum area of Nene None Nene Nene None Nene None -1-00 usable open space perdwel 'it (square feet) * * * Section 36.2-313. Front yard dimensions for infill development. the minimum and maximum front yard to be provided. To determine the established front yard in the table below, the zoning administrator shall consider only the following lot or lots: (1) a lot or lots on which there is a principal structure on the same block face, and (2) up to one lot on each side of a subject property which is closest to the subject property. However, no lot being used to determine the established front yard shall be an outlier. An outlier shall be any yard depth that deviates by more than 20 percent from the average yard depth on the block face, not including the outlier or outliers. In such instances, the zoning administrator shall determine the most shallow established front yard to be equal to such average depth. Where the most shallowest established front yard is Minimum yard: depth of the most shallowest between the minimum and maximum front yards of the established front yard district Maximum yard: depth of the most shallowest established front yard, plus 5 feet Where the most shallowest established front yard is Minimum yard: same as district deeper than the district's maximum front yard Maximum yard: depth of most shallowest established front yard Where the most shallowest established front yard is more Minimum yard: depth of the most shallowest shallower than the district's minimum front yard, but is 10 established front yard feet or greater Maximum yard: depth of the most shallowest established front yard, plus 10 feet 4 Where the most shallowest established front yard is less Minimum yard: depth of the most shallowest than I0 feet established front yard Maximum yard: 20 feet Where the shallowest established front yard is established . . by an existing building on the lot where an unenclosed established front yard, minus 10 feet, but no front porch addition is proposed closer than the district minimum Where the lot has frontage on a cul-de-sac, regardless of Minimum: same as district minimum the presence of buildings on adjoining lots Maximum: same as district maximum When there are no lots with principal residential structures Minimum: same as district minimum on the block face Maximum: same as district maximum For a corner lot, apply the above scenarios to the front Minimum: same as district minimum yard with the primary facadeWhere the adjoining Maximum: same as district maximum structure has its primary facade on a different street frontage and there are no structures on other adjoining lots • * * * Section 36.2-315. Use table for multiple purpose districts. District MX CN CG CLS D IN ROS OF Supplemental Regulation Section * * * Accommodations and Group Living * * * Hotel or motel S P p p p * * * Commercial Uses: Retail Sales and Service * * * Storage building sales S P * * * Assembly and Entertainment Uses * * * 5 District MX CN CG CLS D IN ROS OF Supplemental Regulation Section Microbrewery or microdistillery not P P P P P abutting a residential district Microbrewery or microdistillery S S S S S abutting a residential district * * * "P" indicates a use permitted as of right. "S" indicates a use permitted only by special exception. A blank cell indicates the use is not permitted; any use not listed in this table is not permitted in multiple purpose districts. * * * Section 36.2-317. Civic space yard option. In districts where indicated as applicable in Section 36.2-316, a building may be exempted from the maximum front yard requirement set forth in Table 205-2 of this Chapter, if a civic space accessible to the general public is provided along the entire frontage(s) where the maximum frontage would otherwise be applicable. Such civic space shall meet these requirements: (a) The civic space shall be the entire area between the building line and the adjacent public right of wayprovided in the area between the street frontage and any portion of a building that does not meet a required maximum front yard. * * * (g) The civic yard space must provide access from the abutting right-of-way to a primary entrance. * * * 36.2-319. Building placement and facade transparency standards for multiple purpose districts. (a) Building placement and facade transparency requirements for each lot type. 6 Table 319-1. Building Placement and Facade Transparency Requirements Lot Type Interior Corner Corner Through (1 frontage) (2 frontages) (3 or more frontages) * * * Ground floor Provide the Provide the Provide the specified Provide the transparency specified percentage specified percentage in Section specified for principal in Section 36.2-316 percentage in 36.2-316 on the facade percentage in structures on the facade facing Section 36.2-316 on facing the primary street Section 36.2-316 (minimum) the street frontage. the facade facing frontage. on the facade the primary street facing the frontage. On the facade facing the primary street intersecting street on frontage. On the facade which the maximum yard facing the is also applied, provide intersecting street, half the area required for provide half the the primary facade. area required for the primary facade. On the remaining street facing facades, provide minimum fifteen (15) percent transparency, or deciduous trees and evergreen shrubs along the facade in accordance with Section 36.2-649 Upper floor Provide the Provide the Provide the specified Provide the transparency specified percentage specified percentage on the facade specified for principal in Section 36.2-316 percentage in in Section 36.2-316 facing percentage in structures on the facade facing Section 36.2-316 on the primary street and on Section 36.2-316 (minimum) the street frontage. the facades facing the facade facing the on the facade the primary street intersecting street on facing the and the intersecting which the maximum yard primary street street. is applied. frontage. On the remaining street facing facades, provide minimum fifteen (15) percent transparency, or deciduous trees and evergreen shrubs along the facade in accordance with Section 36.2-649 7 * * * Section 36.2-322. Use table for industrial districts. District I-1 1-2 AD Supplemental Regulation Section * * * Industrial Uses * * * Outdoor storage lot S S S * * * Assembly and Entertainment Uses * * * Eating and drinking establishment, abutting a P P P residential district * * * Microbrewery or microdistillery P P P * * * "P" indicates a use permitted as of right. "S" indicates a use permitted only by special exception. A blank cell indicates the use is not permitted; any use not listed in this table is not permitted in residential districts. * * * 36.2-336. Comprehensive Sign Overlay District. * * * (c) Standards. All applications for review and approval of a Comprehensive Sign Overlay District shall comply with the following standards: (1) A Comprehensive Sign Overlay District shall be applied as an overlay only to lots with located within a multiple purpose district, industrial district, or planned unit development district CLS, MXPUD, INPUD, or AD District zoning designation; 8 (2) A Comprehensive Sign Overlay District shall consist of at least five (5) two (2) acres; * * * Section 36.2-403. Accessory uses and structures. * * * (b) General standards. * * * (6) Accessory buildings shall be subject to these the maximum size and height standards below. These standards apply to any structure meeting the definition of a building in Appendix A of this chapter as well as unenclosed carports or similar shelters, aboveground pools, and any arbors or trellises exceeding the sizes listed in Section 36.2- 410(c): (A) The building footprint of any accessory building structure shall not exceed seventy-five (75) percent of the building footprint of the principal building. (B) The cumulative building structure footprint of all accessory buildings structures on the parcel shall not exceed the building footprint of the principal building. (C) The maximum height of any accessory building structure shall be less than the height of the principal building. However, this maximum height shall not apply to any wind turbines, which are instead subject to the maximum heights specified * * * Section 36.2-408. Day care centers, child. * * * (b) Standards. The following standards shall apply to any day care not licensed by the Virginia Department of Social Services: (1) Floor area per child: All child day care centers shall provide a minimum of thirty-five (35) square feet of designated common floor area per child, for the total number of children to be accommodated at such day care center. The designated common floor area 9 shall consist only of those areas in which children sleep, eat, receive instruction, or play, and shall not include offices, hallways, restrooms, kitchen areas, closets, or other storage areas. A floor plan, drawn to scale, identifying common floor area shall be provided as part of any application. (2) Outdoor play area: When an outdoor play area is provided, All child day care centers - • • • -- • • • ... -• . such day care centers in accordance such areas shall comply with the following standards: care center, shall be provided; (BA) The outdoor play area shall be located on the same lot as the day care center and shall be located no closer to any street than the main building occupied by the day care center; and (GB) The outdoor play area shall be fenced to provide a safe enclosure, and pedestrian access to such outdoor play area shall not require the crossing of any vehicular right-of-way. Section 36.2-411. Gasoline stations. * * * (c) Standards in the CG, CLS, and I-1 Districts. Any gasoline station located in the Commercial- General District (CG), Commercial-Large Site District (CLS), or Light Industrial District (I-1), shall be subject to the following standards for any canopy over a gas pump island: (1) Such canopy shall have a maximum clear, unobstructed height to its underside not to exceed fourteen (14) feet, six (6) inches and a maximum overall height not to exceed sixteen (16) feet, six (6) inches; * * * Section 36.2-419. Motor vehicle repair or service establishment. * * * (b) Additional standards in the CG, CLS, UF, and D District. In addition to the general standards set forth in subsection (a), above, any motor vehicle repair or service establishment in the 10 Commercial-General District (CG), Commercial-Large Site District (CLS), Urban Flex (UF), or Downtown District (D) shall be subject to the tbllowing standards: (I) No repair or maintenance activities shall include the repair or maintenance of commercial motor vehicles; and * * * Section 36.2-422. Outdoor display areas. Outdoor display areas, where permitted by this chapter as accessory uses, shall comply with the following standards: (a) Such outdoor display area shall be located on the same lot as the principal use and shall be customarily incidental to the principal use; five thousand (5,000) square feet of gross floor area; (e b) Such outdoor display area shall be limited in square footage to fifteen (15) percent of the gross floor area of the portion of the principal building dedicated to the use with which the outdoor display is associated; (d c) The maximum height of stacked displayed merchandise in such outdoor display area shall be limited to six (6) feet; (e d) Such outdoor display area shall be furnished with a surface material such as asphalt or concrete; and (f e) Merchandise shall not be placed or located so as to interfere with pedestrian or building access or egress, required vehicular parking and handicap parking, drive aisles, site access or egress, loading spaces or access thereto, public or private utilities, drainage systems, fire lanes, alarms, hydrants, standpipes or other fire protection equipment, or emergency access or egress. * * * Section 36.2-429. Temporary uses. (a) Applicability. Authorized temporary uses, including permitted locations, duration, and maximum number per calendar year, and whether or not a zoning permit is required, shall be as set forth in Table 429-1: 11 Table 429-I. Temporary Uses Activity Zoning Districts Where Permitted Maximum Maximum Zoning Duration Number per Permit Calendar Required? Year fir Lot * * * Mobile food and CN, CG, CLS, D, ROS, UF, No limitation Not No beverage vending Industrial districts, and PUD applicable districts * * * * * * Section 36.2-522. Zoning permits. fa) Applicahilit . (I) No person shall erect, construct, reconstruct, move, demolish, add to, or structurally alter be commenced, without a zoning permit issued by the Zoning Administrator. (3) A zoning permit shall not be issued by the Zoning Administrator except in strict conformity with this chapter. Where development plan review is required, no zoning (a) Applicability. The following activities require a zoning permit issued by the Zoning Administrator: (1) The erection, construction, placement, reconstruction, movement, relocation, modification , demolition , addition, or structural alteration of any structure requires a zoning permit issued by the Zoning Administrator, including installation of outdoor lighting, construction or creation of parking and loading areas, and installation of signs and the installation of required landscaping and screening; (2) The change of use of a property; or 12 (3) Clearing, grading, or excavating that affects required dimensional and development standards associated with Article III, Article IV or Article VI of this chapter. * * * (d) Issuance. Whenever a basic development plan or a comprehensive development plan is required, no zoning permit shall be issued until such development plan has been approved. * * * Section 36.2-540. Zoning amendments. * * * (c) Procedures; filing of application. * * * (3) An application for the rezoning of property shall include the following: * * * provided, however, that inaccuracy or inadequacy of any such list of adjacent owners shall not in any manner affect the validity of any proceedings had or taken by the City Council with respect to the matters contained in such application. * * * Section 36.2-551. Development plans, generally. * * * (h) If the development requires the installation of public improvements, such as street dedication, utilities, stormwater facilities, erosion and sediment and control measures, or any public improvements, any one (I) or more of the documents set forth below may be required. In all such instances of the need to submit any one (1) or more of the agreements and/or guarantees below, the preparer of the comprehensive development plan shall submit a schedule of cost estimates in unit quantities, with totals, for all proposed public improvements, erosion and sediment controls practices, and stormwater management measures, as part of the comprehensive development plan submittal. 13 (I) Development agreement between the developer and the City, guaranteeing the satisfactory installation of the improvements or erosion and sediment control measures; (2) Performance guarantee in the amount of 110% the cost estimated for the installation of such improvements or erosion and sediment control measures; and (3) Maintenance agreement between the developer and/or owners of the property and the City providing for future maintenance of certain privately owned stormwater management facilities. Section 36.2-552. Basic development plans. fa) Applicability. In those circumstances where one of the following activities is proposed, and (a) Applicability. A basic development plan shall be submitted as part of a zoning permit application for the following activities: (I) Construction of, reconstruction of, moving relocation of, or addition to a single-family detached dwelling, a single-family attached dwelling, a two-family dwelling or permitted accessory structure and including associated grading and clearing, where such grading and clearing does not involve adjoining lots; or, when development is not in conjunction .. _ (2) Construction of, reconstruction of, relocation of moving, or addition to a two single - family attached dwelling, a two-family dwelling or permitted accessory structure and including associated grading and clearing, •- . . - any lot within a subdivision with a valid subdivision site plan; or (3) Additions to buildings or intensification of uses not exceeding ten (10) percent of the more than three (3) spaces, or ('1) Additions of up to, but not more than, four(1)parking spaces, or rooftops or parking areas; or 14 (3) Construction of any structure, parking, or other impervious surface during which less than two thousand (2,000) square feet of area will be disturbed; or (6)(4) Establishment, relocation or expansion of a community garden, including construction, reconstruction or moving of an accessory structure and associated grading and clearing. * * * Section 36.2-561. Variances. * * * (c) Standards. Subject to the standards and procedures set forth in this section, the Board of Zoning Appeals may grant a variance from the terms of this chapter as will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship, provided that the spirit of the Chapter shall be observed and substantial justice done. No variance shall be authorized pursuant to this chapter unless the applicant can show that the property was acquired in good faith and that the literal application of the provisions of this chapter would create an unnecessary hardship that would effectively prohibit or unreasonably restrict the utilization of the property. The applicant shall provide evidence that the variance being sought satisfies this general standard and those standards set forth as follows: (1) The subject property is exceptional as compared to other lots subject to the same provision by reason of a unique physical condition, including exceptional narrowness, shallowness, size, or shape; exceptional topographic conditions; or other extraordinary situation or condition peculiar to and inherent in the subject property, or to the condition, use, or development of property immediately adjacent thereto. (2) The unique physical condition set forth in subsection (1), above, is not the result of any action or inaction of the owner or his predecessors in title and existed at the time of the effective date of the provisions of this chapter from which a variance is sought. (3) The alleged hardship is a clearly demonstrable hardship, as distinguished from a special privilege or convenience sought by the applicant. (1) The requested variance would not result in a use or development of the subject property that would not be in harmony with the intended spirit and purpose of this chapter. (d) Findings of the Board. Upon the evidence hard by the Board of Zoning Appeals, the Board shall authorize a variance only if it makes all five (5) of the following findings: (1) That the strict application of this chapter would produce undue hardship relating to the prepertifi 15 (2) That such hardship is not shared generally by other properties in the same zoning district and the same vicinity; • variance; (1) That the condition or situation - - . . - authorized by that district's regulations. not be expanded. (c) Standards for considering a variance. Whenever a property owner can show that the owner's property was acquired in good faith and where by reason of the exceptional narrowness, shallowness, size or shape of a specific piece of property at the time of the effective date of the ordinance, or where by reason of exceptional topographic conditions or other extraordinary situation or condition of the piece of property, or of the condition, situation, or development of property immediately adjacent thereto, the strict application of the terms of the ordinance would effectively prohibit or unreasonably restrict the utilization of the property or where the board is satisfied, upon the evidence heard by it, that the granting of the variance will alleviate a clearly demonstrable hardship, as distinguished from a special privilege or convenience sought by the applicant, provided that all variances shall be in harmony with the intended spirit and purpose of the ordinance. No such variance shall be authorized by the board unless it finds: (1) That the strict application of the ordinance would produce undue hardship relating to the property; (2) That the hardship is not shared generally by other properties in the same zoning district and the same vicinity; and 16 (3) That the authorization of the variance will not be of substantial detriment to adjacent property and that the character of the district will not be changed by the granting of'the variance. No variance shall be authorized unless the board finds that the condition or situation of the property concerned is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance. (ed) Conditions and guarantees. In authorizing a variance the board may impose such conditions regarding the location, character and other features of the proposed structure or use as it may deem necessary in the public interest, and may require a guarantee or bond to ensure compliance with the that the conditions imposed are being and will continue to be complied with. granted a variance shall be treated as conforming for all purposes under state law and local ordinance; however, the use or the structure permitted by the variance may not be expanded. (e) Conforming status. Notwithstanding any other provision of law, the property upon which a property owner has been granted a variance shall be treated as conforming for all purposes under state law and the zoning ordinance; however, the structure permitted by the variance may not be expanded unless the expansion is within an area of the site or part of the structure for which no variance is required under the zoning ordinance. Where the expansion is proposed within an area of the site or part of the structure for which a variance is required, the approval of an additional variance shall be required. * * * Section 36.2-630. General development standards. The provision and location of all pedestrian and vehicular traffic related facilities, including sidewalks, curbs and gutters, street trees, street lighting, frontage roads, and acceleration and deceleration lanes, shall be as required by the Agent to the Planning Commission, provided that the property's development directly generates the need for such infrastructure and provided further that the infrastructure required is in proportion to the level of need pedestrian and vehicular activity generated by the development. Such determination by the Agent shall be based upon a quantifiable need documented by analysis of existing and post-development conditions, such as traffic or drainage studies. * * * Section 36.2-644. Overall tree canopy requirements. * * * (c) Tree canopy requirements. * * * 17 (5) New trees planted in a right-of-way adjacent to the frontage of the development site may be credited toward meeting minimum overall tree canopy requirements. Section 36.2-645. Street yard trees. (a) Deciduous trees, as set forth in Section 36.2-642, Table 642-1, shall be provided between the building line and any street right-of-way when such building line is twenty-five (25) feet or more from the abutting street right-of-way. (b) One (1) such tree shall be provided for each fifty (50) feet of lot frontage, or portion thereof, exclusive of any perimeter parking area landscaping strips as required in Section 36.2-648(b)(5). If more than one (1) street yard tree is required by this section, such trees shall be distributed evenly across the applicable frontage. (c) At least fifty (50) percent of the required street yard trees shall be large deciduous trees. (d) For corner lots, the building line shall be evaluated separately for each frontage. (e) This section applies to the development of only new principal structures. * * * Section 36.2-647. Buffering and screening. * * * Table 647-1. Buffering and Screening of Certain Uses and Activities Activity or Use Location Buffering or Minimum Screening Height Materials Wall of a principal Between the wall and an abutting residential Buffer: None building that contains less district, Of multiple purpose district, or PUD Deciduous trees than 15% transparency district. and evergreen shrubs Base of a retaining wall 5 Between the wall and an abutting residential Buffer: Evergreen 18 inches or more feet in height district, er multiple purpose district, or PUD shrubs within 10 feet of property district. line Any commercial or Between the location of the activity and any Screen: Solid 6 feet industrial process or abutting residential district, Of multiple fence or wall activity occurring outside purpose district, or PUD district. of a wholly enclosed building 18 Activity or Use Location Buffering or Minimum Screening Height Materials Loading area, hay door, Between the loading area or loading dock and Screen: Solid 6 feet loading dock, or truck any abutting residential district, Of multiple fence, wall, or terminal purpose district, or PUD district. evergreen tree screen * * * Car wash Between wash bay openings and any abutting Screen: Solid 6 feet residential district, or multiple purpose fence, solid wall, district, or PUD district. or evergreen tree screen * * * Outdoor storage Between the storage area and any abutting Screen: Solid 6 feet residential district, of multiple purpose fence, solid wall, district, or PUD district. 13 —Between the or evergreen tree storage area and any residential district, or screen multiple purpose district, or PUD district across a street Outdoor storage lot Between the storage area and any abutting Screen: Solid 6 feet residential, multiple purpose district, or PUD fence, solid wall, district and between the storage area and any or evergreen tree residential, multiple purpose, or PUD district screen across a street Along street frontage when not abutting a Deciduous trees residential, multiple purpose, or PUD district across a street. Portable storage container Between container storage area and any Screen: Solid 6 feet as accessory use abutting residential district, of multiple fence or solid purpose district, or PUD district. wall Recycling collection point Between any receptacle and any abutting Screen: Solid 6 feet residential district, of multiple purpose fence or solid district, or PUD district. wall * * * Section 36.2-649. Standards for buffering, screening, and parking area landscaping materials. * * * 19 Table 649-1. Buffering, Screening and Landscaping Materials Materials Standards * * * Evergreen Minimum spacing 2 feet on center shrubs Maximum spacing 3 feet on center Provide planting strip with minimum width of 3 feet unless otherwise specified in this chapter. Where a screen and shrubs are used together, shrubs shall he planted on the side of the screen opposite of where the development is proposed. * * * Section 36.2-654. Parking and loading area standards. * * * Table 654-1. Parking and Loading Area Standards Standards for single-family dwellings, two- Standards for all other uses and family dwellings, multifamily dwellings and zoning districts townhouses with up to 4 dwelling units in a single structure on a single parcel, and townhouses with individual driveways regardless of district * * * Location Standards: * * * Setbacks, any 5 feet 5 feet property line abutting a street Exceptions: Not applicable for single-family Exception: Not applicable to a dwellings, two-family dwellings and townhouses parking area where a street with individual driveways screen is used. Not applicable to a parking area where a street screen is used. * * * 20 Section 36.2-661. Applicability. • * * (c) Exemptions. The provisions of this division, including the requirements for a zoning permit, shall not apply to the following signs, provided that no such sign shall he placed within the public right-of-way or any closer than two (2) feet from a street right of way or any closer than five (5) feet from any side or rear property line, and provided further that if such sign is to be placed on a corner lot, it shall be located outside of any sight distance triangle or within any sight distance triangle. Exempted signs shall not he included in the maximum permissible number of signs or maximum permissible sign area. Any exempted sign that is to be located in the Historic Downtown Overlay District (11-1) or the Historic Neighborhood Overlay District (H-2) shall he subject to the requirements of Section 36.2-530 if applicable. * * * (11) Political signs, provided that such signs shall be removed within ten (10) calendar days after the election. * * * (20) Window covers placed on the inside of a window or windows of a vacant storefront to shield the interior of the building from view. Window covers shall not be subject to the maximum window coverage requirements of section 36.2-671 (b). * * * Section 36.2-668. On-premises signs, generally. The types, number and size of on-premises signs by zoning district shall be permitted as set forth in Table 668-1. Table 668-1. Type, Number, and Size of On-Premises Signs District Type Maximum Maximum Maximum Maximum Permitted Permitted Number of Signs Sign Area Individual Height Characteristics Sign Area * * * RM-2, Freestanding 1 sign structure 25 sf 25 sf per sign 6 ft Identification RMF per lot frontage structure sign only Building- 1 per lot frontage 25 sf 25 sf Not mounted Applicable 21 District Type Maximum Maximum Sign Maximum Maximum Permitted Permitted Number of Area lndiidual Height Characteristics Signs Sign Area MX, Freestanding 1 sign structure 0.5 sf per If of lot 32 sf per 6 ft Illuminated CN, IN, per frontage frontage sign ROS, structure Changeable copy. U1 Building- None 32 sf plus 0.5 sf per None Not mounted If of building face Applicable Electronic or storefront over readerboard 321f, plus permitted in CN additional area per and IN § 36.2-677 CG Freestanding 1 sign structure 1 sf per If of lot 100 sf per 25 ft Illuminated per frontage frontage sign Changeable copy structure Electronic Building- None 32 sf plus 1 sf per None Not readerboard mounted If of building face Applicable or storefront over 32 If, plus additional area per § 36.2-677 Upper-story None 10% of facade area, None Not Illuminated maximum 300 sf Applicable CLS Freestanding I sign structure I sf per If of lot 150 sf per 25 ft Illuminated per 200 linear frontage sign Changeable copy feet of lot structure Electronic frontage up to 4 readerboard signs Building- None 32 sf plus 1 sf per None Not Illuminated mounted If of building face Applicable Changeable copy or storefront over Electronic 32 lf, plus readerboard additional area per § 36.2-677 Upper-story None 10% of facade area, None Not Illuminated maximum 300 sf Applicable 22 District Type Maximum Maximum Sign Area Maximum Maximum Permitted Permitted Number of 1^ ri Height Characteristics Signs Sign Area D Freestanding I sign 0.5 sf per If of lot 32 sf per sign 6 ft Illuminated structure per frontage structure Changeable copy frontage Public service message board Electronic readerboard Building- None 32 sf plus I sf per If None Not Illuminated mounted of building face or Applicable Changeable copy storefront over 32 If, plus additional area per § 36.2-677 Upper-story None 10% of facade area, None Not Illuminated maximum 300 sf Applicable I-I, 1-2, Freestanding I sign 0.5 sf per If of lot 125 sf per 16 ft Illuminated AD structure per frontage sign structure frontage Changeable copy Building- None 32 sf plus 1 sf per if None Not mounted of building face or Applicable Electronic storefront over 32 lf, readerboard plus additional area per § 36.2-677 * * * Section 36.2-673. Temporary on-premises signs. (a) No temporary sign shall be erected or posted until a zoning permit has been issued pursuant to Section 36.2-664. Zoning permits for temporary on-premises signs shall be limited to two (2) such permits per 365-day period per establishment located on the lot.•. . - - . _ - • .. .:I .. .:0 (c)(b) Temporary signs shall not be included in the computation of permitted sign area. (d)(c) Except as otherwise provided in this section, no temporary sign shall be erected or placed for a period exceeding thirty(30) calendar days. (e)(d) Only one (1) temporary sign per lot frontage shall be erected or posted at any given time on any lot, except when such lot contains multiple establishments or uses, one (I) temporary sign shall be permitted for each separately identifiable use or establishment located thereon. 23 (4)(e) Except as otherwise provided in this section, temporary signs shall he permitted in accordance with Table 673-1. * * * APPENDIX A. DEFINITIONS * * * Attached structures: structures attached to buildings that are substantially unenclosed on their sides and designed to provide a transition from adjacent grade to an entrance. There are four defined types of attached structures: (1) Deck: an attached structure with an elevated floor and no solid roof. (2) Pergola: an attached structure with vertical supports of an open roof, with no floor. (3) Porch: an attached structure with an elevated floor and vertical supports for a solid roof. (4) Stoop: a small attached structure with an elevated floor and without a solid roof. Stoops do not exceed 100 square feet in floor area. * * * Commercial motor vehicle: Any motor vehicle or trailer used, designed, or maintained for the transportation of persons or property for compensation or profit, and which is one (1) of the following types of vehicles: trucks, tractor cabs, farm tractors, construction equipment, motor passenger buses - .. _ .. . . . . - .- . .. . - ' . _ , trailers, semi- trailers, taxis, limousines, tow trucks, dump trucks, roll back tow trucks, flatbed trucks, or step vans ; . but not including Commercial motor vehicles shall not include any passenger cars, vans, trailers, or pickup trucks, and panel trucks, that are customarily used for non-commercial purposes. * * * Family day home: a child day program offered in the residence of the provider or the home of any of the children in care for six (6) through twelve (12) children under the age of 13, exclusive of the provider's own children and any children who reside in the home, when at least one child receives care for compensation. * * * Fence: A barrier, railing, or other upright structure, constructed of wood, wire, or other durable and permanent materials. * * * 24 Group home (subject to Virginia Code Section 15.2 2291): (I) A residential facility in which no more than eight (8) mentally ill, mentally retarded, intellectual disability, or developmentally disabled person;, individuals with mental illness, intellectual disability, or developmental disabilities reside, with one (I) or more resident counselors or other nonresident staff persons, and for which the Department of Behavioral Health and Developmental Services is the licensing authority pursuant to the Code of Virginia (1950), as amended. (2) A residential facility in which no more than eight (8) aged, infirm, or disabled persons reside, with one (1) or more resident eourtseler-s or other staff persons, and for which the Department of Social Services is the licensing authority pursuant to the Code of Virginia (1950), as amended. For purposes of this definition, mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance as defined in Section 54.1-3401 of the Code of Virginia (1950), as amended. ' " considered a "group care facility" for purposes of this chapter. * * * Lot or zoning lot: For purposes of this chapter, a lot or zoning lot is a clearly defined parcel of land identified on a plat of record, fronting on a public street or an approved private street within a planned unit development, and having sufficient area and dimensions to meet minimum zoning district requirements for area, frontage, use, and coverage, and to provide such yards and other open space as required by the respective zoning district regulations. In this chapter, the terms "lot" and "zoning lot" have the same meaning and may be used interchangeably. A lot may consist of combinations of contiguous lots of record or portions of lots so recorded, provided that in no case of subdivision or combination shall any residual lot, portion of lot, or parcel be created which does not meet the requirements of this chapter. Lots include the following specific types: (1) Corner lot: A lot located at the intersection of two (2) or more streets. (2) Interior lot: A lot with only one (1) frontage on a street. (3) Through lot: A lot which has frontages on two (2) nonintersecting streets. streets that do not intersect at the boundaries of the lot. * * * Microbrewery or microdistillery: an establishment which is engaged in the manufacture of beer or spirits and which may include the retail sales and on-site consumption of beverages. The maximum building footprint for this use is 15,000 square feet, thus distinguishing it from the "manufacturing- beverage or food processing" industrial use by its smaller scale. 25 * * * Outdoor display area: The placement of goods or merchandise for sale or for advertisement, outside of the building or structure in which the merchandise is normally sold. For purposes of this definition, motor vehicle inventory for sale or lease, motor vehicle rental inventory, motor vehicle and commercial motor vehicle fleets associated with a business establishment, and the inventory of a nursery or commercial greenhouse, and the inventory of a storage building sales establishment shall not be considered an "outdoor display area." Outdoor storage: The keeping or storing, other than in a wholly enclosed building, of any goods, items, materials, or merchandise. "Outdoor storage" shall be permitted only as an accessory use where allowed by this chapter. For purposes of this definition, motor vehicle inventory for sale or lease, motor vehicle rental inventory, motor vehicle and commercial motor vehicle fleets associated with a business establishment, and the inventory of a nursery or commercial greenhouse, and the inventory of a storage building sales establishment shall not be considered "outdoor storage." * * * Variance: a reasonable deviation from those provisions regulating the size or area of a lot or parcel of land, or the size, area, bulk or location of a building or structure when the strict application of the zoning ordinance would result in unnecessary or unreasonable hardship to the property owner, and such need for a variance would not be shared generally by other properties, and provided such variance is not contrary to the intended spirit and purpose of the ordinance, and would result in substantial justice being done. It shall not include a change in use which change shall be accomplished by a rezoning or by a conditional zoning. * * * APPENDIX B. SUBMITTAL REQUIREMENTS * * * B-2. Comprehensive Development Plan (d) A comprehensive development plan shall include the following information, although the agent to the planning commission may waive any of the following required information, if it is not needed to determine compliance with a specific section of this chapter and if the agent identifies such code section pursuant to Sections 36.2-552(c) and 36.2-553(c)(1)(B) of the Code of the City of Roanoke (1979), as amended: * * * (7) General notes defining estimated amount of material, such as dirt, rocks, stumps, or debris, to be removed from the site. 26 (7) An Erosion and Sediment Control Plan as required by Chapter 11.1, Erosion and Sediment Control, of this Code. * * * (10) Erosion and Sediment Control Narrative, detailing project description, existing site conditions, adjacent areas, off site areas, soils, critical areas, erosion and sediment control measures, permanent stabilization, stormwater runoff consideration:;, calculations for sediment basins, and other relevant information. (11) Extent of area to be distur- - - . . outfall devices. grading. with notation of type of stone to be utilized. (16) All necessary erosion and sediment control measures required to control sediment and erosion on site. (17)(10) Vicinity map showing the location of the site in relation to surrounding features such as streets and major thoroughfares, drawn to a scale of one (1) inch equals eight hundred (800) feet, or comparable scale or size. (-1-8)(11) North arrow. (1-9)(12) Abutting streets with proper name, suffix (such as N.E., S.W.), and right- of-way width. (20)(13) Metes and bounds description (bearings and distances) shown along all property lines. (21)(14) Stormwater management plan as required by Chapter 11.6, Stormwater Management, of this Code. 27 pipes, retention ponds, riprap, diversion dilces, detention ponds, rain gardens, infiltration trenches, or similar devices; (B) Calculations for storm sewer systems of stormwater runoff based on runoff to be anticipated from a ten year frequency storm or greater if (C) Calculations as required in Chapter 11.4, Stonnwater Management, of this (D) Profile of all storm sewer systems on site and/or associated with site work. (22)(15) Location, design, and size (including size and type of all pipes and inlets) of all existing and proposed utility facilities (water lines, sewer lines, and storm drains) and related easements, and the location and type of refuse storage facilities. (23)(16) Delineation of drop inlets, manholes, and similar facilities. (24)(17) Concrete curb, gutter, and sidewalk delineated and noted by type, as required. (25)(18) Outdoor lighting plan as required by Section 36.2-624 (249(19) Landscape Plan (see Section B-3, Appendix B). (27)(20) If constructing streets to be dedicated for public use, street plans and profiles showing the following shall be required: (A) Existing and proposed drains, sanitary sewers, sewer laterals extended to the property lines, water lines and laterals, fire hydrants, and similar facilities; (B) Center line grade of the street, the size, depth, and slope of all required drains, and the size, location, and depth of water mains; (C) Cross-sections of the streets taken at each fifty-foot station at street intersections or other points required to properly establish the grade of the street may be required by the Agent to the Planning Commission; (D) Plan and profile of all sanitary sewer lines, water lines, or storm sewers to be dedicated as public improvements; and (E) Existing and proposed contours along any proposed street to the point(s) at which it ties in with existing street(s). 28 (2S3-- Other information as mad be—egiireR' by-the-Agent--tfr the Planning Commission-to deter-mine-eomplianee-with-ihts-chapter. * * * fg}_--_14-the-dev<eloptnent-requires the-installation-of-public-improvententsi-saes-a--street dedication; utilities,-stonnwater faeilities c-tr-erosion-and-sediment-an -eentrol measured, any one(14-or more of the-doeamc nts et-fet4kbelew-may-be require,.-In all such-instances of the need 4o-submit-any one (1)-or more of the agreements and/or- guarantees -delineated--'bele�Rw -the preparer of the comprehensive-development-plan-shall submit-a-schedule of cost estimates in unit quantities, with totals-,-fern-all-propesed p,bbli mpre ementsceresion and sediment controls practices-and ste rmwater-management measurescas-pat#of the-comprehensive—development plan submittal, ttall, (-1-}-----Development -agreement- between--the--developer--and---the-{qty---guaranteeing the satis€tetor-y instal lment-efthe-improvement—or erosion ant • -.sures; (2)----Perfonnance-g ee4bondr1etter of-credit,-surety}-inthe amount of the-cost estimated for-the-instal tationef-sfeh-improvements or-erosion-and sediment control measures; or (3)----Maintenance agreement between the-developer and/or-owners-of-the-property-and the City- providing-for—futures--maintenance---of---certain-privately owned -stonnwater manegetnent :eilities. 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: ,. t y City Clerk • 29 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: October 20, 2014 Subject: A request by the City of Roanoke to consider proposed amendments to Chapter 36.2, Zoning, of the Code of the City of Roanoke, (1979), as amended, by amending and reordaining the following code sections to update, clarify, and make the City's zoning ordinance easier to use for its citizens, such amendments not constituting a comprehensive rezoning or changing of any densities unless otherwise noted: Article 2, Zoning Districts; Article 3, Regulations for Specific Zoning Districts; Article 4, Supplemental Regulations; Article 5, Procedures; Article 6, Development Standards; Appendix A, Definitions; and Appendix B-2, Comprehensive Development Plan. Recommendation The Planning Commission held a public hearing on October 14, 2014. By a vote of 7 - 0 the Commission recommended approval of the proposed amendments to the Zoning Ordinance to make the City's zoning ordinance easier to use for its citizens. Background Roanoke adopted the current zoning ordinance in December 2005. Since adoption, planning staff has developed periodic amendments to ensure the ordinance remains a relevant tool for implementing the City's comprehensive plan. Amendments also address issues that arise with experience and ensure the ordinance produces intended outcomes in development. The tables in the attached summarize the proposed amendments. Planning Commission Public Hearing: Joel Richert, 41 5 Allison Avenue, SW, had concerns regarding the following changes: substantially open attached structures; fence material barrier; mobile food trailers; electronic readerboards; reduction in minimum lot area per dwelling unit from 3,500 sf to 2,500 sf in the RM-1 District, side and rear setbacks; the meaning of track permitted; trees, right-of-way, and landscaping; bed and breakfast; stoops. Chris Chittum, Director of Planning, Building & Development, responded to Ms. Richert's concerns by explaining the meanings of and reasons for such changes and the effect on the City of Roanoke. A motion was made and seconded to amend the proposed text amendments to delete the amended density standard in the RM-1 District (reduce density from one dwelling unit per 3,500 sf of lot area to one dwelling unit per 2,500 sf of lot area). The amendment was not approved on a 3-4 vote. Vat /l / Chad VanHyning, Chair City Planning Commission Attachment cc: Chris Morrill, City Manager R. Brian Townsend, Assistant City Manager Chris Chittum, Director of Planning Building & Development Ian Shaw, Planning Commission Agent Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney 2 2014 Zoning Ordinance Updates Page 1 Summary for Planning Commission Report Article 1. General Provisions (No amendments to this article.) Article 2. Zoning Districts Section Summary of Amendment Table 205-1 Permitted Permits porches, pergolas, stoops, steps, and stair landings to encroach Yard Encroachments up to 10 feet in front yards. Has effect of measuring yards to façade of house. This amendment increases an owner's ability to expand toward street in residential districts. New definition of Attached Structures specifies expansions that are permitted to encroach into front yards. Reference: Delete infill rule for porch addition in 36.2-313 as this amendment makes that provision obsolete. 205(f) Front yards Makes maximum yard apply only to new principal structures in residential districts. Requirement would no longer apply to an addition, Table 205-2 Application of Makes maximum front yard apply only to larger additions in multiple maximum front yards purpose districts (small additions up to 20% would become exempt). Applying maximum front yards to additions, particularly small ones, has been problematic. 205(i)(3)(B) Yards— Makes maximum yard apply to only one frontage in the case of a through Corner lots and through lot. lots Article 3. Regulations for Specific Zoning Districts Section Summary of Amendment 311 Use table for Adds "family day home" as a special exception use in all residential residential districts districts. The use is a day care licensed by DSS with 6-12 children. Current"day care home" permits only 1-5 children. Adds clause"any use not listed in this table is not permitted in residential 2014 Zoning Ordinance Updates Page 2 Summary for Planning Commission Report districts" to end of use table. 312 Dimensional Changes minimum lot area per unit from 3,500 sf to 2,500 sf in RM-1 standards for residential District. Effect is to reduce the minimum lot size for two-family dwelling districts from 7,000 to 5,000. A duplex requires a special exception in the district. Would make rehabilitation more financially feasible for many areas. Changes accessory structure setback in R-12 district from 5 feet to zero (0). Previous amendment eliminated this setback in other residential districts. Deletes usable open space requirement in RMF District. Currently applies in only one district, which is very limited in application on the zoning map. 313 Front yards for infill Adds provision to establish setback off average of block if adjoining lot is development an outlier(i.e., inconsistent setback with most others in the block). Allows use of the average setback for the block face. 315 Use table for multiple Adds uses for: purpose districts • Hotel or motel in CN by special exception • Microbrewery/microdistillery in districts where eating and drinking establishments are permitted. Track permitted/special exception with proximity to residential districts • Eating and drinking establishments in I-1 • Storage building sales to CG by special exception Reference: new definition for microbrewery or microdistillery 317 Civic space Amends section to reduce the amount of area where civic space is requirements required. Continuing to refine this section as an option for a developer. 319 Building placement Amends Table 319.1 to clarify requirements for buildings with three or and facade treatment more frontages on a street, to avoid or soften any blank walls that face a standards street. 322 Use table for industrial Adds "outdoor storage lot" use in I-1 and 1-2 districts. districts Currently this use is permitted only as an accessory use to some other use on the property. This amendment would allow it as a standalone use. Makes"eating and drinking establishment abutting a residential district"a permitted use. Makes "microbrewery or microdistillery a permitted use." 336 Comprehensive Sign Amends section to increase the number of base districts over which it can Overlay District be applied. Reduces the minimum size of the district from 5 acres to 2 acres. Application is a legislative process like a rezoning. 2014 Zoning Ordinance Updates Page 3 Summary for Planning Commission Report Article 4. Supplemental Regulations Section Summary of Amendment 403 Accessory structures Specifies section also applies to unenclosed structures as well as buildings. Clarifies that the regulations apply to freestanding structures that are open on their sides, such as carports. 408 Day care centers, Amends to reduce overlap with DSS regulations; removes minimum size child requirement for outdoor play area. 411 Gasoline stations Clarifies front yards/applicability. Yards apply to any building and corner lot treatment (only meet maximum on one side) 419 Motor vehicle repair or Amends to apply additional standards in the OF and D districts. service establishment 422 Outdoor display Deletes minimum floor area needed for outdoor display. Specifies building area as that actually used by the activity using the outdoor display area. Specify gross building area. 429 Temporary Uses Table 429-1 amended: Mobile food vendors permitted in districts where eating establishments are permitted. Adds activity to Recreation and Open Space District. Article 5. Procedures Section Summary of Amendment 522(a)Zoning permits Updates to ensure inclusiveness with other code sections (i.e., stormwater management). Recasts in positive format. 540(c)(3)(E)Zoning Deletes requirement for applicant to submit adjoining property owner amendments information. Not necessary; we do it now so the customer doesn't have to. 551 Development plans Moves bonding requirement from Appendix so it is easier to find the requirement. 552 Basic development Amends applicability for basic development plan to simplify and delete plans reference to stormwater management. 561. Variances Redrafted section to track closely with state code. Added definition of variance to track state code. Discrepancies noted by legal counsel during a recent variance case. 2014 Zoning Ordinance Updates Page 4 Summary for Planning Commission Report Article 6. Development Standards Section Summary of Amendment 630 General development Includes street lighting and street trees. Pedestrian and vehicular traffic standards limits concept of need generated (e.g., excludes drainage infrastructure). 644 Overall tree canopy Allows new trees planted in r/w adjacent to site to be credited toward requirements overall tree canopy for site. 645 Street yard trees Clarifies requirement to provide street yard trees applies only to construction of any new principal structure (i.e., requirement burdensome for minor additions). Requires half the trees to be large deciduous. Table 647-1 Buffering and Adds PUD districts. screening of certain uses and activities Table 649-1 Buffering, Modifies fence/wall criteria to state that when vegetation and a fence/wall screening and landscaping are required, the vegetation shall be placed on the outside. materials Table 654-1 Parking and Reduces front setback from 5 feet when street wall is used. loading area standards 661 Applicability(signs) Deletes removal requirement from exempted political signs. Deletes setbacks for exempt signs. Eliminates conflict between exempting, then regulating. Creates exemption for clings in vacant store fronts (non-advertising/PSA). Includes "window cover" in exempted signs. Table 668-1 Type, Removes "individual" with regard to maximum sign area. number, and size of on- Inserts"sign structure." premises signs Removes inference to applicability of multiple signs. Permits Electronic Readerboards in CN, IN, D. 673 Temporary on- Removes temporary signs height requirement. Already specified in a table premises signs within the section. 2014 Zoning Ordinance Updates Page 5 Summary for Planning Commission Report Article 7. Nonconforming Uses, Structures, and Lots (No amendments to this article.) Article 8. Administrative Commissions, Boards, and Officials (No amendments to this article.) Appendix A. Definitions Definition Summary of Amendment Attached Structures Deck Defines to distinguish from other attached structures. Not permitted as front yard encroachment. Pergola Defines to allow this attached structure to encroach into front yard. Porch Defines to allow this attached structure as an encroachment into front yard. Stoop Defines to allow this small attached structure to encroach into front yard. Commercial Motor Vehicle Permits any type of vehicle commonly found in residential areas, regardless of use. Family day home Establishes new definition for state regulated day homes located in residential areas that have 6-12 children. Fence Fences should be constructed of permanent materials. Clarify as a barrier, railing, or other upright structure, constructed of wood, wire, or other durable and permanent materials. Group Home Aligns wording with 2014 GA bill (minor). Lot or zoning lot Refines definition of through lot. Microbrewery or Makes provision for this use when not associated with an eating and microdistillery drinking establishment; distinguishes from the industrial use. 2014 Zoning Ordinance Updates Page 6 Summary for Planning Commission Report Outdoor storage area and Update exemption for storage building sales outdoor display area Variance Add Virginia Code definition. Supplements changes made in Sec. 36.2- 561 Appendix B. Submittal Requirements Section Summary of Amendment B-2 Comprehensive Development Plan submittal requirements to calibrate with erosion and sediment control chapter and new stormwater management chapter. Delete extraneous requirements that are already enumerated in those code sections. Delete bonding requirement(moved to 36.2-551(h)(3)). The Roanoke Times I Account Number Roanoke,Virginia 6011439 Affidavit of Publication Date October 24,2014 CITY OF ROANOKE-PDV Attn Tina M.Can STEPHANIE M.MOON REYNOLDS-MMC,CITY CLERK 215 CHURCH AVE,SW,SUITE 456 NOEL C.TAYLOR MUNICIPAL BUILDING ROANOKE,VA 24011 Date Category Description Ad Size Total Cost 10/08/2014 Legal Notices PUBLIC HEARING NOTICE All public hearings advertised hen 2 x 17.75 IN 4,984.56 Publisher of the Roanoke Times I, (the undersigned)an authorized representative of the Roanoke Times,a daily newspaper published in Roanoke, in the State of Virginia,do certify that the annexed notice PUBLIC HEARING NOTICE Al was published in said newspapers on the following dates: `0 CIE IS j 'o qT 0, 10/01,1010812014 ` P' .: ONivf..(�' 1 REGISTRATION NO. sr 7049823 MY UQ M.PPf• The First insertion being given ... 10/01/2014 I Op VIRGIN�P... I(/// IOTA RY'• 93,\GO8\ Newspaper reference: 0000083147 ��,/,1001111\00\ n Sworn to and subscribed before me this Friday,October 24,2014 Otis! iglaLs otary Publi Billin `epr fve State of Virginia CitylCounty of Roanoke �I3o � I� My Commission expires coVQr ) THIS NOT B!14—,, PEASE PAY FROM INVOICE. THANK YOU , 'r PUBLIC HEARING NOTICE All public hearings advertised herein will be held in the City Council Chamber,fourth foot 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 13.Section 36.2-403,Accessory uses and structures,tolegulate the size and height of Development office,Room 166,215 Church Avenue,S.W.,Roanoke,Virginia. accessory buildings and to include those structures which are not buildings; My person with a Disability requiring any 14.Section 36.2-408,Day care centers,child,to specify that the standards do not participate in the hearings should contact Planning,Building Development (540) Services; to require a floor plan ato determine provided floor area perchld;fand to 853-1730 at least fwe days prior to the scheduled hearing. amend requirements for outdoor play areas; The City of Roanoke Planning Commission will hold public hearings on October 14, 15.Section 36.2-411,Gasoline satins,o remove the maximum overall height requirement 16.Section '2e41n'Motor vehicle repair asametestablishment to apply standards or as son as the matters may be heard,to consider these requests: prohibiting a c t i v i ti e s involving commercial vehicles,painting,orbody repair a the OF District A request by Krishna Properties,LC,by Manish Patel,authorized representative to 17.Sec 362-422,Outdoor display areas,to delete the regyjrhq rgirWhum si$g.o(,tfia vacate portions of Lukens Street,kW.,and Liberty Road,N.E.,adjacent o220t Liberty principal tree related to an outdoor display area;and to speedy that the area is area Road,N.E.,Official Tax Map Number 3080134. of me portion of the principal building to which the outdoor display area is tledicate0 shall be used to determine the maximum size of the outdoor display area; A request by the City of Roanoke to rezone two parcels identified as 0 Tuckawana 18.Table 429-1,Temporary Uses, o add mobile food and beverage vending as Circle,bearing Official Tax Numbers 6471801 and 6471802,from RM-2,Residential a permitted temporary use in the CN,CC,CLS,D,ROS,OF Districts,the industrial Mixed Density District,to ROS,Recreation and Open Space District,for the purpose districts,and PUD districts; Of permitting an offsite parking lot associated with an outdoor recreational facility. 19.Section 36.2-522,Zoning permits,to clarify those activities that require s zoning Permit The land use categories permitted in ROS District include commercial; assembly 20.Section 36.2-540,Zoning amendments,to delete the requiremenimat an applicant and entertainment public, institutional and community facilities; transportation; provide Information about adjacent property owners with an application; Utility; agricultural;and accessory with no maximum floor area ratio listed. The comprehensive plan designates the property for office, agr Section 36.2-551; Development were i plans, generally,public to add t isrquired,sfor use.The Institutional,or light industrial agreements reteregenrentigwhere(from Appe dix B-2;imprpvememsrequired,such proposed use is outdoor recreation and offsite parking Id. similar requirement being deleted from Appendix B-2; A request by the City of Roanoke to consider proposed amendments o Chapter 22.Section 36.2-552,Basic development plans,to amend the applicability section that 36.2,Zoning,of the Code of the City of Roanoke,(1979),as amended,by amending specifies which activities may be undertaken with a basic development plan; and 36.2, ortlaini of the following code sot Rua to update,clarify,and make the City's 23.Section 36.2-561,Variances,o mend subsections plated tosandams,findings of the zoning ordinance easier o use or its citizens,such amendments not constituting a board of the requirements appeals,set for in and Code of Virginia and tom),as amended; status to reflect more comprehensive rezoning or change of any densities,unless otherwise noted: 24.Se the requirements setoM in the Code of Virginia(1950),as amnded; 24.Section 36.2-630,General development b standards,to add street trees and street 1.Table 205-1,Permitted Yard Encroachments,o permit Pergolas,porches,soups, lighting as infrastructure items which may be required;and to replace"pedestrian steps,and stair landings in residential districts to encroach into required front yards and vehicular activity"with"need'in determining the level of infrastructure required; and to clarify such able; 25.Section 36.2-644,Overall tree can 2.Section 36.2-205(0,Front yards,to provide that maximum front yards are to be o ODY requirements,to provide that new sheet trees planted in en adjacent right-of-way may be credited a site's minimum tree canopy; applied only to new principal structures in residential districts;to provide that at least 26.Section 36.2-645,Street yard trees,to provide for distribution of street yard trees;to 60%of a street facing building facade shall abut the maximum front yam depth or lie provide that at least 50%drequiretl trees be large dedtluousfres;o between the minimum and maximum front yards in residential districts;and o provide provide met rant fcc that maximum front yard requirements in multiple purpose districts are o be applied frontages yard d comer lots be evaluated separately;and o provide that the requirement M as specified In Table 205-2; street Yard trees apply only when a new easing al structure is being and Activities;27.Table 647-1, Buffering and Screening of Certain Uses and Activities; o add 3.Table 205-2,Application of Maximum Front Yard Requirements, to provide for ' applicability of buffering and screening requirements to PUD districts;and to add exceptions related to additions; screening requirements for an outdoor storage lot;I 4.Section 36.2-205(i),Yams-Corner lots and through lots,to provide that the maximum shrubs,when used withhra screen,be planted on the outside of heascreeq provide that yard requirement shell apply only to the primary frontage; 29.5.Section 36.2-311,Use table for residential districts,to add'family day home"as a parking lare setbackkwhen street screen Is usep Standards,to provide an exception to the use permitted by special exception in all residential districts;and to specify that any use not listed in the table is not permitted; 30.Section for exempted Applicability,o remove make setbacks window covers on vacant storefronts •6.Section 36.2-312,Dimensional regulations for residential districts,to reduce the exempt from sign regulations and maximum window coverage requirements; minimum lot area per dwelling unit from 3,500 to 2,500 in the RM-1 district,such amendment representing an effective increase in the density ar.Table 668-1,a ply to Number,sign Size of O and to add electronic to clarity that sign district to reduce the allowed rear and side yard setback from five feet permitted zero feet in area ited signs apple o CN,IN,and sDn structsre;and to add electronic reatleNOama as the R-12 District;and to delete the minimum area of usable open space for accessory permitted signs in the Cemp,and o on-premises structures per dwelling unit in the RMF district; 32.Section 36.2-673,Temporary an-premises signs,to delete the requirement that 7.Section 36.2-313,Front yard dimensions for infill development,to provide a method to temporary signs comply with maximum height standards in Section 36.2-669; determine the front yard dimensions for infill development under certain circumstances; 33.Appendix A.Definitions,imotor to add vehicle eto Inclu of cho l bu sinrnd excl o amentl the tleilnition of commercial motor n-com to Include school buses add and exclude any motor 8.Section 36.2-315,Use table for multiple purpose districts,to make establishment vehicle customarily used for non-commercial purposes;to atld a definition of family of a hotel or motel a use permitted by special exception In the CN District to make day home;o add a definition of a ante;o amend the definition of group home;o storage building sales a use permitted by special exception in the Co District;to make amend the definition d lot or zoning lot by amending the definition of a through lot; microbrewery or microtlretillery,not abutting a residential district,a permitted use in the to add a definition d a micrabrewery or microdtdillery;to amend the definitions of CN,CO,CLS,D,and UF Districts;to make microbrewery or microdinllery,abutting a outdoor display area and outdoor storage to exclude the inventory of storage building residential district,a use permitted by special exception in the CN,CG,CIS,D.and UF sales establishments;and to add a definition of a variance;and Districts;and to specify that any use not listed in the table is not permitted; 34.Appendix 0,Submittal Requirements,13-2,Comprehensive Development Plan,to 9.Section 36.2-317,Civic space yard option,to specify the area within which a civic remove certain plan requirements ream to clearing and grading related o erosion space shall be provided;and to specify that a civic space shall provide access from the and sediment control;to add a requirement for an erosion and sediment control plan, right-of-way to e primary enhance; as required by Chapter 11.1,Erosion and Sediment Control of the City Code;and to 10.Table 319-1, Building Placement and Facade Transparency Requirements to add a requirement for a stormwater management plan,as required by Chapter 11.6, • provide for transparency or vegetation on certain street facing facades for corner lots Stormwater Management,of the City Cade,to certain existing requirements with three or more frontages; and sediment control and stormwater management. 11.Section 36.2-322,Use table or industrial districts,to make an outdoor storage Tina M.Carr,Secretary,City Planning Commission lot a use permitted by special exception in industrial districts;eating and drinking establishments,abutting a residential district,a permitted use in Industrial districts; to make a micrabrewery or microtlistllle City Council will hold public hearings on the aforesaid applications on specify that any le permitted uses in industrial districts;and o October 20,2014,at 7:00 p.m.,or a soon as the matters may be heard. y use not listed in the table is not permitted; 12.Section 36.2-336,Comprehensive Sign Overlay District,to permit application d Stephanie M.Moon Reynolds,MMC.City Clerk comprehensive sign overlay district regulations to lots within any multiple purpose, industrial,or planned unit development district;and to reduce the minimum size of such overlay district from five(5)acres to two(2)acres; 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 Avenue, S.W., Roanoke, Virginia. 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 public hearings on October 14, 2014, at 1:30 p.m., or as soon as the matters may be heard, to consider these requests: A request by Krishna Properties, LLC, by Manish Patel, authorized representative, to vacate portions of Lukens Street, N.W., and Liberty Road, N.E., adjacent to 2201 Liberty Road, N.E., Official Tax Map Number 3080134. A request by the City of Roanoke to rezone two parcels identified as 0 Tuckawana Circle, bearing Official Tax Numbers 6471801 and 6471802, from RM-2, Residential Mixed Density District, to ROS, Recreation and Open Space District, for the purpose of permitting an offsite parking lot associated with an outdoor recreational facility. The land use categories permitted in ROS District include commercial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory with no maximum floor area ratio listed. The comprehensive plan designates the property for office, institutional, or light industrial use. The proposed use is outdoor recreation and offsite parking lot. A request by the City of Roanoke to consider proposed amendments to Chapter 36.2, Zoning, of the Code of the City of Roanoke, (1979), as amended,by amending and reordaining the following code sections to update, clarify, and make the City's zoning ordinance easier to use for its citizens, such amendments not constituting a comprehensive rezoning or change of any densities, unless otherwise noted: 1. Table 205-1, Permitted Yard Encroachments, to permit pergolas, porches, stoops, steps, and stair landings in residential districts to encroach into required front yards and to clarify such table; 2. Section 36.2-205(f), Front yards, to provide that maximum front yards are to be applied only to new principal structures in residential districts; to provide that at least 60% of a street facing building facade shall abut the maximum front yard depth or lie between the minimum and maximum front yards in residential districts; and to provide that maximum front yard requirements in multiple purpose districts are to be applied as specified in Table 205-2; 3. Table 205-2, Application of Maximum Front Yard Requirements, to provide for exceptions related to additions; 4. Section 36.2-205(i), Yards-Corner lots and through lots, to provide that the maximum yard requirement shall apply only to the primary frontage; 5. Section 36.2-311, Use table for residential districts, to add "family day home" as a use permitted by special exception in all residential districts; and to specify that any use not listed in the table is not permitted; 6. Section 36.2-312, Dimensional regulations for residential districts, to reduce the minimum lot area per dwelling unit from 3,500 to 2,500 in the RM-1 district, such amendment representing an effective increase in the density permitted in the RM-1 district; to reduce the allowed rear and side yard setback from five feet to zero feet in the R-12 District; and to delete the minimum area of usable open space for accessory structures per dwelling unit in the RMF district; 7. Section 36.2-313, Front yard dimensions for infill development, to provide a method to determine the front yard dimensions for infill development under certain circumstances; 8. Section 36.2-315, Use table for multiple purpose districts, to make establishment of a hotel or motel a use permitted by special exception in the CN District; to make storage building sales a use permitted by special exception in the CG District; to make microbrewery or microdistillery, not abutting a residential district, a permitted use in the CN, CG, CLS, D, and UF Districts; to make microbrewery or microdistillery, abutting a residential district, a use permitted by special exception in the CN, CG, CLS, D, and UF Districts; and to specify that any use not listed in the table is not permitted; 9. Section 36.2-317, Civic space yard option, to specify the area within which a civic space shall be provided; and to specify that a civic space shall provide access from the right-of- way to a primary entrance; 10. Table 319-1, Building Placement and Facade Transparency Requirements, to provide for transparency or vegetation on certain street facing facades for corner lots with three or more frontages; 11. Section 36.2-322, Use table for industrial districts, to make an outdoor storage lot a use permitted by special exception in industrial districts; eating and drinking establishments, abutting a residential district, a permitted use in industrial districts; to make a microbrewery or microdistillery permitted uses in industrial districts; and to specify that any use not listed in the table is not permitted; 12. Section 36.2-336, Comprehensive Sign Overlay District, to permit application of comprehensive sign overlay district regulations to lots within any multiple purpose, industrial, or planned unit development district; and to reduce the minimum size of such overlay district from five (5) acres to two (2) acres; 13. Section 36.2-403, Accessory uses and structures, to regulate the size and height of accessory buildings and to include those structures which are not buildings; 14. Section 36.2-408, Day care centers, child, to specify that the standards do not apply to such establishments that are licensed by the Virginia Department of Social Services; to require a floor plan to determine provided floor area per child; and to amend requirements for outdoor play areas; 15. Section 36.2-411, Gasoline stations, to remove the maximum overall height requirement; 16. Section 36.2-419, Motor vehicle repair or service establishment, to apply standards prohibiting activities involving commercial vehicles, painting, or body repair in the OF District; 17. Sec 36.2-422, Outdoor display areas, to delete the required minimum size of the principal use related to an outdoor display area; and to specify that the gross floor area of the portion of the principal building to which the outdoor display area is dedicated shall be used to determine the maximum size of the outdoor display area; 18. Table 429-1, Temporary Uses, to add mobile food and beverage vending as a permitted temporary use in the CN, CG, CLS, D, ROS, OF Districts, the industrial districts, and PUD districts; 19. Section 36.2-522, Zoning permits, to clarify those activities that require a zoning permit; 20. Section 36.2-540, Zoning amendments, to delete the requirement that an applicant provide information about adjacent property owners with an application; 21. Section 36.2-551; Development plans, generally, to add a requirement for agreements or guarantees where installation of public improvements is required, such similar requirement being deleted from Appendix B-2; 22. Section 36.2-552, Basic development plans, to amend the applicability section that specifies which activities may be undertaken with a basic development plan; 23. Section 36.2 -561, Variances, to amend subsections related to standards, findings of the board of zoning appeals, conditions and guarantees; and conforming status to reflect more closely the requirements set forth in the Code of Virginia (1950), as amended; 24. Section 36.2 -630, General development standards, to add street trees and street lighting as infrastructure items which may be required; and to replace "pedestrian and vehicular activity" with "need" in determining the level of infrastructure required; 25. Section 36.2 -644, Overall tree canopy requirements, to provide that new street trees planted in an adjacent right -of -way may be credited to a site's minimum tree canopy; 26. Section 36.2 -645, Street yard trees, to provide for distribution of street yard trees; to provide that at least 50% of required trees be large deciduous trees; to provide that multiple frontages of corner lots be evaluated separately; and to provide that the requirement for street yard trees apply only when a new principal structure is being developed; 27. Table 647 -1, Buffering and Screening of Certain Uses and Activities, to add applicability of buffering and screening requirements to PUD districts; and to add screening requirements for an outdoor storage lot; 28. Table 649 -1, Buffering, Screening and Landscaping Materials, to provide that shrubs, when used with a screen, be planted on the outside of the screen; 29. Table 654 -1, Parking. and Loading Area Standards, to provide an exception to the parking area setback when a street screen is used; 30. Section 36.2 -661, Applicability, to remove setbacks for exempted signs; to remove the time limit for exempted political signs; and to make window covers on vacant storefronts exempt from sign regulations and maximum window coverage requirements; 31. Table 668 -1, Type, Number, and Size of On- Premises Signs, to clarify that sign area limitations apply to a single sign structure; and to add electronic readerboards as permitted signs in the CN, IN, and D Districts; 32. Section 36.2 -673, Temporary on- premises signs, to delete the requirement that temporary signs comply with maximum height standards in Section 36.2 -669; 33. Appendix A, Definitions, to add definitions of attached structures; to amend the definition of commercial motor vehicle to include school buses and exclude any motor vehicle customarily used for non - commercial purposes; to add a definition of family day home; to add a definition of a fence; to amend the definition of group home; to amend the definition of lot or zoning lot by amending the definition of a through lot; to add a definition of a microbrewery or microdistillery; to amend the definitions of outdoor display area and outdoor storage to exclude the inventory of storage building sales establishments; and to add a definition of a variance; and 34. Appendix B, Submittal Requirements, B-2, Comprehensive Development Plan, to remove certain plan requirements related to clearing and grading related to erosion and sediment control; to add a requirement for an erosion and sediment control plan, as required by Chapter 11.1, Erosion and Sediment Control of the City Code; and to add a requirement for a stormwater management plan, as required by Chapter 11.6, Stormwater Management, of the City Code, to replace certain existing requirements for erosion and sediment control and stormwater management. Tina M. Carr, Secretary, City Planning Commission City Council will hold public hearings on the aforesaid applications on October 20, 2014, at 7:00 p.m., or as soon as the matters may be heard. Stephanie M. Moon Reynolds, MMC, City Clerk Please publish in newspaper on October 1, 2014, and October 8, 2014. Please bill and send affidavit of publication to: Tina M. Carr, 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 Reynolds, MMC, City Clerk 215 Church Avenue, S. W., Suite 456 Noel C. Taylor Municipal Building Roanoke, Virginia 2401 1-1 536 (540) 853-2541 402 Day Ave.,SW Roanoke,VA 24016 October 15, 2014 Honorable Members of City Council City of Roanoke, Virginia Dear Lady and Gentlemen, I am writing this letter without the research I would have liked to do on the issue I want to bring to your attention. However, I have just become aware of it, and there is no time. You are about to consider revisions to the Zoning Ordinance. I would ask you to disallow the revision in Article 3, Section 312, Dimensional Standards for Residential Districts, regarding minimum lot size for duplexes. It changes the minimum lot size allowed from 3500 square feet to 2500 in RM-1 districts. It is my understanding the current lot size requirement—3500 sq.ft.—was a carefully chosen size considered as a major re-thinking of our zoning laws a number of years ago that involved much citizen input. The proposed change will have hardly any citizen input because it is hidden in a lot of other changes that the usual citizen knows nothing about. Not many people realize the power of the zoning code to shape the city! I am vehemently opposed to the proposed change. I believe it will have long term dangerous repercussions for most of the city's older neighborhoods which are still dealing with the negative consequences of the increases in density created by urban flight years ago. Are we trying to discourage owner-occupied, single family home ownership? I believe the proposed change would. I can see realtors trying to entice prospective single family buyers, "Oh, by the way,the homes on either side of you have lots that are big enough that they property could be converted to a duplex." The neighborhood group in Old Southwest, where I live, has spent the last 30 or more years trying to bring itself up out of the mess that greater density created in the 50's and 60's. Much of the positive change came about by encouraging owner occupation of single family homes, not from more multi- family housing. Further, I live on Miller's Hill. You will recall it was a concerted effort to decrease density and increase single family homeownership. Additionally, I am part of the West End Target Area SWETA citizen's group. We have worked with the City for more than a year to improve the West End area neighborhoods. Increasing housing density has NOT been a part of that discussion. If it is the city's intention to be more dense, it needs to be a carefully thought out process- not just a change making many of the properties in most neighborhoods eligible to be duplexes. Develop a process for determining which areas will become more dense and which won't that actively INVOLVES THE CITIZENS in a very obvious,open process! Don't hide such a change in a morass of other changes to the code. We need to retain many different types of housing in mixes that will help create strong neighborhoods. I do not believe this change will help create healthy neighborhoods. If this change to the zoning code is passed, I will have very little faith in the City's commitment to the homeowners in the City. Sincerely, t uet,� Y �,t�it .2X- Dinah Ferrance Cc: Mr. Chris Morrill, City Manager