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HomeMy WebLinkAboutCouncil Actions 11-17-14BESTPITCH 40102 - 111714 ROANOKE CITY COUNCIL REGULAR SESSION NOVEMBER 17, 2014 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order- -Roll Call. Council Members Ferris, Lea and Rosen arrived late. At this point, Council Member Rosen entered the meeting (2:01 p.m.). The Invocation was delivered by Pastor Maurita J. Wiggins, Valley Community Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. Welcome. Mayor Bowers. At this point, Council Member Ferris entered the meeting (2:03 p.m.). NOTICE: Today's Council meeting will be televised live and replayed on RVTV Channel 3 on Friday, November 21 at 7:00 p.m., and Sunday, November 23 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. THE CITY CLERK'S OFFICE PROVIDES THE MAJORITY OF THE CITY COUNCIL AGENDA ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO ACCESS AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT WWW.ROANOKEVA.GOV, CLICK ON THE GOVERNMENT ICON. NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. SPECIAL ASSISTANCE IS AVAILABLE FOR DISABLED PERSONS ADDRESSING CITY COUNCIL. EFFORTS WILL BE MADE TO PROVIDE ADAPTATIONS OR ACCOMMODATIONS BASED ON INDIVIDUAL NEEDS OF QUALIFIED INDIVIDUALS WITH DISABILITIES, PROVIDED THAT REASONABLE ADVANCE NOTIFICATION HAS BEEN RECEIVED BY THE CITY CLERK'S OFFICE. PERSONS WISHING TO ADDRESS COUNCIL WILL BE REQUIRED TO CONTACT THE CITY CLERK'S OFFICE PRIOR TO THE MONDAY COUNCIL MEETING, OR REGISTER WITH THE STAFF ASSISTANT AT THE ENTRANCE TO THE COUNCIL CHAMBER PRIOR TO COMMENCEMENT OF THE COUNCIL MEETING. ONCE THE COUNCIL MEETING HAS CONVENED, THERE WILL BE NO FURTHER REGISTRATION OF SPEAKERS, EXCEPT FOR PUBLIC HEARING MATTERS. ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE ALLOTTED FIVE MINUTES EACH; HOWEVER, IF THERE ARE MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLOTTED THREE MINUTES. ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMITTEE MAY CONTACT THE CITY CLERK'S OFFICE AT 853 -2541, OR ACCESS THE CITY'S HOMEPAGE TO OBTAIN AN APPLICATION. 2 THE COUNCIL OF THE CITY OF ROANOKE IS SEEKING APPLICATIONS FOR THE FOLLOWING CURRENT OR UPCOMING EXPIRATIONS OF TERMS OF OFFICE: ARCHITECTURAL REVIEW BOARD - TWO VACANCIES FOUR —YEAR TERMS OF OFFICE ENDING OCTOBER 1, 2018 BOARD OF ZONING APPEALS — TWO VACANCIES THREE -YEAR TERM OF OFFICE ENDING DECEMBER 31, 2017 UNEXPIRED TERM OF OFFICE ENDING DECEMBER 31, 2015 BUILDING AND FIRE CODE BOARD OF APPEALS — ONE VACANCY (CITIZEN AT LARGE) THREE -YEAR TERMS OF OFFICE ENDING JUNE 30, 2017 FAIR HOUSING BOARD - TWO VACANCIES UNEXPIRED TERMS OF OFFICE ENDING MARCH 31, 2016 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 THE COUNCIL IS CURRENTLY ACCEPTING APPLICATIONS FOR MEMBERSHIP ON THE YOUTH SERVICES CITIZEN BOARD. TERMS OF OFFICE WILL CONSIST OF 4 -ONE, 4 -TWO, 5- THREE, AS WELL AS TWO STUDENT MEMBERS, EACH COMMENCING JULY 1, 2015. APPLICATION FOR APPOINTMENT IS AVAILABLE ON THE CITY'S WEBSITE AND IN THE CITY CLERK'S OFFICE. FOR QUESTIONS AND /OR ADDITIONAL INFORMATION, PLEASE CONTACT THE CITY CLERK'S OFFICE AT 853 -2541. At this point, Council Member Lea entered the meeting (2:05 p.m.). 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE. 3 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: 4. 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. • Jamie McDaniel, 512 Madison Avenue, N. W., appeared before the Council to bring attention to citizens who are struggling to pay for utilities. • Ryan Dunlap, 512 Madison Avenue, N. W., urged Council to ask local utilities to work with citizens who are having difficulty making timely payments. CONSENT AGENDA (APPROVED 7 -0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C -1 Minutes of the regular meeting of Council held on Tuesday, September 2, 2014. RECOMMENDED ACTION: Dispensed with the reading of the minutes and approved as recorded. C -2 A communication from Sherman P. Lea, Chairman, Roanoke City Council Personnel Committee, requesting a Closed Meeting to discuss a personnel matter, being a performance evaluation format forthe Council- appointed officials, pursuant to Section 2.2 -3711 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in request. C -3 Report of the Directorof Finance recommending the current annual Business License Tax imposed on fortune tellers be maintained. RECOMMENDED ACTION: Received and filed. 4 C -4 Reports of qualification of the following individuals: A. Damon Williams as a Director of the Economic Development Authority for a four -year term of office ending October 20, 2018; Charlene Graves as a member of the Roanoke Arts Commission for a three -year term of office ending June 30, 2017; Robert H. Logan, III, as a member of the Board of Zoning Appeals for a three -year term of office ending December 31, 2017; and Jeffrey S. Shawver, as a property management representative of the Building and Fire Code Board of Appeals for a term of office ending June 30, 2017. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: a. Presentation by Pete Eshelman, Director of Outdoor Branding, Roanoke Regional Partnership, regarding a recap of the 2014 "Roanoke Go Outside Festival, which took place on October 17 — 19 at River's Edge Park North. Received and filed. 7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: Acceptance and appropriation of FY15 transportation alternatives program funds; and authorization of Virginia Department of Transportation (VDOT) agreements. Adopted Resolution No. 40102 - 111714 and Budget Ordinance No. 40103 - 111714 (7 -0). 2. Authorization to execute agreements for storage area network services for the Department of Technology. Adopted Resolution No. 40104- 111714 (7 -0). 3. Acquisition of real property rights for Andrews /Cove Road Stormwater Drainage Improvements Project. Adopted Ordinance No. 40105 - 111714 (7 -0). 4. Additional holiday leave for City employees. Adopted Resolution No. 40106 - 111714 (7 -0). 5. Appropriation of funds for purchase of property located at 2839 Peters Creek Road, N. W. Adopted Budget Ordinance No. 40107 - 111714 (7 -0). 6. Amendment to City Code regarding building regulations. Adopted Ordinance No. 40108 - 111714 and Resolution No. 40109- 111714 (7 -0). COMMENTS BY CITY MANAGER. Top Digital City Award • Last week, e.Republic's Center for Digital Government announced the top - ranked cities in the 2014 Digital Cities Survey. • This year, the City of Roanoke was ranked 3rd among the cities in the 75,000 to 124,999 population category. The City of Avondale, Arizona took first place honors in this category. • Roanoke has maintained its status as a Top Digital City since 2000. • In its 14th year, the annual survey is part of the Center's Digital Communities Program, which focuses on collaboration among cities, counties and regions. • Open to all U.S. cities, this year's survey questions targeted which initiatives cities were most proud of in the areas of citizen engagement, policy, operations, and technology and data. • The top 10 ranked cities will be honored at a special awards ceremony during the National League of Cities' annual conference in Austin, Texas on November 20. Empty the Shelter Event • The Regional Center for Animal Care and Protection ( RCACP) wants to empty the animal shelter prior to the holidays. • November and December are busy months for RCACP as the shelter typically fills to capacity with unwanted or homeless pets. RCACP is looking to find permanent homes for all of the animals currently housed there. • For this event on Wednesday, November 26, the shelter will increase its hours from 11:30 a.m. to 10:00 p.m. in hopes of allowing people to stop by before the Thanksgiving holiday to adopt a pet (or two). • During the event, people will be able to name their own price for their new pet. Annual Grandin Villane Holiday Children's Parade • Saturday, November 22 at 11:00 a.m. • The parade starts at Christ Lutheran Church at the cornerof Grandin Road & Brandon Avenue and proceeds through Historic Grandin Village, ending at Mick or Mack (1312 Winborne St.). • Held the Saturday before Thanksgiving each year, this is a neighborhood favorite and includes Santa on a Fire Engine and much more. No registration is required to participate and children of all ages are welcome. Additional Events • Dickens of a Christmas begins on December 5 with the tree lighting • The City is planning a New Year's Eve Celebration this year Mayor Bowers noted the City's Volunteer Reception would be held in the Market Building on Friday, December 5 at 4:30 p.m., prior to the lighting of the City's Christmas tree. b. City Attorney: 1. Dedication of property located at 2201 Liberty Road, N. E., by Krishna Properties, LLC, for right -of -way purposes. Adopted Ordinance No. 40110 - 111714 (7 -0). 8. REPORTS OF COMMITTEES: NONE. 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 11. MOTIONS AND MISCELLANEOUS BUSINESS: NONE. 12. RECESS - 2:47 P.M. THE COUNCIL MEETING WAS DECLARED IN RECESS TO BE RECONVENED AT 7:00 P.M., FORA CLOSED MEETING IN COUNCIL'S CONFERENCE ROOM, ROOM 451, FOURTH FLOOR, NOEL C. TAYLOR MUNICIPAL BUILDING. ROANOKE CITY COUNCIL REGULAR SESSION NOVEMBER 17, 2014 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order - -Roll Cali. 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 Troop 50 from Woodlawn Methodist Church. Welcome. Mayor Bowers. NOTICE: Tonight's Council meeting will be televised live and replayed on RVTV Channel 3 on Friday, November 21 at 7:00 p.m., and Sunday, November 23 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. CERTIFICATION OF CLOSED MEETING (7 -0). 7 A. PRESENTATIONS AND ACKNOWLEDGEMENTS: Presentation by the Roanoke Elks Lodge No. 197. Exalted Ruler Jim Batey, and Robert Gray, a war veteran who spent 34 months in a POW camp during the Korean War, presented a print listing the contributions veterans have made to the rights and freedoms enjoyed by American citizens to the City of Roanoke. Recognition of winners of the 10th Annual Fire Prevention Week Art Contest. The Mayor presented certificates to the contest winners. B. PUBLIC HEARINGS: 1 . Consideration of Ordinance ("Plan A") to realign the boundaries of voting precincts and to reduce the number of voting precincts within the City of Roanoke. Daniel J. Callaghan, City Attorney. The matter was tabled. 2. Receive public comments with regard to proposed amendments to Section 24-97, Code of the City of Roanoke (1979), as amended, to expand the number of park facilities within the City of Roanoke at which the City Manager may issue permits to allow consumption of alcoholic beverages; and to eliminate the limitation on the types of organization that may request a permit from the City Manager for certain designated parks. Daniel J. Callaghan, City Attorney. The matter was defeated (3-4, Council Members Lea, Price, Rosen and Mayor Bowers voting No). 3. Request of Anstey Holdings, LLC, to amend the Planned Unit Development Plan as it pertains to property located at 802 Wiley Drive, S. W., subject to certain proffered conditions. Richard Rife, Agent, Rife + Wood Architects, Spokesperson. Adopted Ordinance No. 40111-111714 (7-0). 4. Proposal to sell City-owned property located at 206 Williamson Road, S. E., to Tazewell Development, LLC. Christopher P. Morrill, City Manager. Adopted Ordinance No. 40112-111714 (7-0). 5. Receive public comments with regard to approval of amendment application for the boundary of Enterprise Zone Two and their Subzones. Christopher P. Morrill, City Manager. Adopted Resolution No. 40113-111714 (7-0). 10 6. Receive public comments with regard to approval of an amendment application for the boundaries of Enterprise Zone One A and its Subzone B. Christopher P. Morrill, City Manager. Adopted Resolution No. 40114-111714 (7-0). 7. Receive public comments with regard to approval of an amendment application for the Facade Grant Program for Zone One A. Christopher P. Morrill, City Manager. Adopted Ordinance No. 40115-111714 (7-0). C. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. D. ADJOURNMENT - 9:17 P.M. 11 STEPHANIE M. MOON REYNOLDS, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 Fax: (540) 853 -1145 E -mail: clerkCn)roanokeva.gov November 21, 2014 Reverend Maurita Wiggins Valley Community Church of Divine Science 5000 Carriage Drive, S. W. Roanoke, Virginia 24018 Dear Pastor Wiggins: JONATHAN E. CRAFT, CMC Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk 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, November 17, 2014. It was a pleasure meeting you and look forward to having you return to deliver invocations at future Council meetings. in erel ecelia . Webb, CMC CTW:aa Assistant Deputy City Clerk CITY OF ROANOKE CITY COUNCIL :w 215 Church Avenue, S.W. Noel C. Taylor Municipal Building, Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 DAVID A. BOWERS Fax: (540) 853 -1145 Mayor November 17, 2014 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Council Members William D. Bestpitch Raphael E. "Ray" Ferris Sherman P. Lea Anita J. Price Court G. Rosen David B. Trinkle I wish to request that Council convene in a closed meeting to discuss a personnel matter, being the performance evaluation format for the Council- Appointed Officers, pursuant to Section 2.2 -3711 (A)(1), Code of Virginia (1950), as amended. Sincerely, Q'ei". Sherman P. Lea, Chair City Council Personnel Committee SPL:jec m gg �� CITY COUNCIL AGENDA REPORB YR To: Honorable Mayor and Members of City Council Meeting: November 1 7, 2014 Subject: Annual Business License Tax for Fortune Tellers Background: On March 17, 2014, Roanoke City Council adopted an ordinance amending and reordaining Section 19 -74, Fortune tellers, and Section 19 -82, Criminal penalty, of Article III, Special License Taxation, of Chapter 19, License Tax Code, of the Code of the City of Roanoke (1979), as amended, to lower the current amount of the annual business license tax that may be assessed against persons engaged in the business of fortune telling. The tax was lowered from $1,200 annually to $300 annually. In subsequent City Council meetings, Tracey Lockwood, a business owner in the City of Roanoke who operates a business as a medium, has requested that Council further reduce the annual tax to $50 per year. In a letter to City Council dated March 17, 2014, City Attorney Daniel Callaghan noted that the authority for the City to assess and collect a business license tax is Section 58.1 -3706 (A), Code of Virginia (1950), as amended. This provision of commonwealth law established rate limitations applicable to license taxes by specific categories of businesses. This section also provides that rate limitations prescribed in this section are not applicable to several categories of businesses, including fortune tellers. The business license tax for fortune tellers is governed by State Code Section 58.1 -3726, that allows a locality to set the tax with a maximum amount permitted at $1,000. A locality may impose a flat tax or tax on some scale, similar to other business licenses; however, unlike general business licenses, the tax on fortune tellers is capped at $1,000. Many other business classes are charged a business license fee of $50, with no local license tax imposed until the gross receipts of the business exceed $100,000. Gross business receipts in excess of $100,000 are taxed at a rate applicable to their business classification and are not subject to any other caps. In addition, taxing fortune tellers in this manner would create an administrative burden and additional cost to the Commissioner of Revenue, as a mechanism would have to be established and monitored to ensure the cap limitation was not exceeded. Localities in Virginia charge various rates for individuals operating businesses such as fortune tellers; however, Roanoke's current rate of $300 per year is below the amount charged by several surrounding localities. Both the City of Salem and Roanoke County charge an annual business license tax to fortune tellers of $1,000. Botetourt County charges $500 annually and the town of Vinton charges $250 annually. Recommended Action Considering rates charged by area local governments and that the City recently reduced the fee from $1,200 to $300, it is recommended the current annual business license tax imposed on fortune tellers at a flat fee of $300 be maintained. Any further changes to the current flat fee structure are not recommended based upon (i) the limitations of state code; and (ii) administrative challenges and burdens that such changes would impose on the City and businesses. Barbara A. Dameron Director of Finance Distribution: Council Appointed Officers 2 STEPHANIE M. MOON REYNOLDS, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerk @roanokeva.gov November 18, 2014 Harwell M. Darby, Jr., Secretary Economic Development Authority Glenn, Feldmann, Darby and Goodlatte P.O. Box 2887 Roanoke, Virginia 24001 -2887 Dear Mr. Darby: JONATHAN E. CRAFT, CMC Deputy City Clerk CECELIA T. WEBB, CIVIC Assistant Deputy City Clerk This is to advise you that A. Damon Williams has qualified as a Director of the Economic Development Authority for a four -year term of office ending October 20, 2018. Sincerely, Stephanie M. Moon City Clerk hl U Reynolds, MMC Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, A. Damon Williams, do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a Director of the Economic Development Authority for a term of office commencing October 21, 2014, and ending October 20, 2018, according to the best of my ability. So help me God. �A. DAMON WILLIAMS The foregoing oath of office was taken, sworn to, and subscribed before me by A. Damon Williams this�day of 2014. Brenda S. Hamilton, Clerk o the Circuit Court B , Clerk STEPHANIE M. MOON REYNOLDS, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E-mail: eler n,roanokeva.gov November 18, 2014 Melissa Murray, Secretary Roanoke Arts Commission Roanoke, Virginia Dear Ms. Murray: JONATHAN E. CRAFT, CMC Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk This is to advise you that Charlene Graves has qualified as a member of the Roanoke Arts Commission for a three -year term of office ending June 30, 2017. Sincerely, T Q >/ Stephanie M. Moon Reynolds, MMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Charlene Graves, do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Arts Commission for a three -year term of office ending June 30, 2017, according to the best of my ability. So help me God. CHARLENE GRAVES The foregoing oath of office was taken, sworn to, and subscribed before me by Charlene Graves this day of l V o U - 2014. Brenda S. Hamilton, Clerk of the Circuit Court f• B Clerk • STEPHANIE M. MOON REYNOLDS, MMC City Clerk Tina Carr, Secretary Board of Zoning Appeals Roanoke, Virginia Dear Ms. Carr: 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 ,,ronnokeva.gov November 18, 2014 JONATHAN E. CRAFT, CMC Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk This is to advise you that Robert H. Logan, III, has qualified as a member of the Board of Zoning Appeals for a three -year term of office ending December 31, 2017. Sincerely, Stephanie M. Moon Rey�ds, MMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Robert H. Logan, III, do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Board of Zoning Appeals for a three -year term of office commencing January 1, 2015 and ending December 31, 2017, according to the best of my ability. So help me God. _kQ4�c: Robert H. Logan, III The foregoing oath of office was taken, sworn to, and subscribed before me by Robert H. Logan, III, this day of 2014. Brenda S. Hamilton, Clerk of the ircuit Court By . Cl STEPHANIE M. MOON REYNOLDS, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 553 -2541 Fax: (540) 853 -1145 E -mail clerk0aronnokeva.gov November 18, 2014 Candace Martin, Secretary Building and Fire Code Board of Appeal Roanoke, Virginia Dear Ms. Martin: JONATHAN E. CRAFT, CMC Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk This is to advise you that Jeffrey S. Shawver has qualified as a property management representative of the Building and Fire Code Board of Appeals for a term of office ending June 30, 2017. Sincerely, Stephanie M. City Clerk rn . ►� GV Moon Re o s, M Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Jeffrey S. Shawver, do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a property management representative of the Building and Fire Code Board of Appeals for a term of office ending June 30, 2017, according to the best of my ability. So help me God. WA . The foregoing oath of office was taken, sworn to, and subscribed before me by Jeffrey S. Shawver this 627- ay of 2014. Brenda S. Hamilton, Clerk of the Circuit Court Clerk ROAN R(E REGIONA €. - PARTNERSHIP November 11. 2014 City Clerk Office Roanoke City Council 215 Church Ave, SW, Rm 456 Roanoke, VA 24011 Mayor and Members of City Council, m Franklin Plaza, Suite 333 • Roanoke. VA 2401 -2111 540 3143 15 50 www.roanoke.org • into,: roznokanrg I would like to request the opportunity to provide City Council a recap of the 2014 Roanoke GO Outside Festival at the November 17 Council meeting. The presentation (in PowerPoint presentation) will take approximately 5 minutes. If you have any questions, or need any additional information, please contact me at 540.343.1550 x 104. Sincerely, 2t) Pete Eshelman Director of Outdoor Branding 9-M mrCITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 17, 2014 Subject: Recap of the 2014 "Roanoke Go Outside Festival" I would like to sponsor a presentation by Pete Eshelman, Director of Outdoor Branding, at the Roanoke Regional Partnership, regarding a recap of the 2014 "Roanoke Go Outside Festival" which took place October 17 th- 19" at River's Edge Park North. The festival is an annual event to encourage healthy, active outdoor recreation. By combining the things outdoor enthusiasts love - camping, music, gear, races, and demos, and a beautiful outdoor setting - "GO Fest" is a celebration of everything outdoors. - - - -- ------------------ top her P. Morrill City Manager Distribution: Council Appointed Officers (0.a. � r. "� ' M 1] 2014 Fan Facts', ffff 000022n 00 ggEES ��'f�''��'y *fit Z* 225% GROWTH since 2010 PLASTIC CUPS USED ONSITE RACES s` 1,500+ participants • • "Qi1te RETED EVENTS `� C 8.500 PEOPLE INTRODUCED TO IFRq,al,ca BEERS Anther. BlucC;ross BlueShield ROANOKE '•' • BARKS AND RECREATON LV ,AfA 1 OB3171 ROANOKE ' OUTSIDEXOM Carter lw CAT • . • - - - • DICK °S SPORTING COOOS \ of K V BREWING CO. WALK ABOUT OUTFITTER CAIJLION CLINIC 3\yQfPNESti ApVF !G N A E'aGl[ LPN�� SOUTF AT THE BRIDGES THE BRIDGES Parks a Recreation Staff • Kat Andrews • Patrick Boas • Heather Chilton • Christine Elder Mimi • Joe Hanning ROANOKE PARKS AND RECREATION • Brian Harris • Garrett Moore • Michelle Phoenix • Renee Lavin Powers • and many more IP F Anthem... 9 ROANOKE O - PARKS AND RECREATION 0 MA(02A0 T M Ar ROANOKE OUTSIDE.COM J�U IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of November, 2014. No. 40102 - 111714. A RESOLUTION accepting the Virginia Department of Transportation's (VDOT) award of Transportation Alternatives Program Grant Funds to the City in the total amount of $560,000, to be allocated among two (2) Projects; authorizing the City Manager to execute a VDOT Programmatic Project Administration Agreement for Federal -aid Projects for the Projects set forth below, which will require the City and Greater Roanoke Transit Company (GRTC) to provide the required twenty percent (20 %) local matching funds of $140,000; and authorizing the City Manager to take certain other actions in connection with the above matters and Projects. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the VDOT award of Transportation Alternatives Program Grant Funds in the total amount of $560,000 to be provided by VDOT for the two (2) Projects set forth in paragraph 2 below, with the City and GRTC providing local matching funds in the total amount of $140,000, with such funds to be allocated among the two (2) Projects referred to below, all as more fully set forth in the City Council Agenda Report dated November 17, 2014, to this Council. 2. The two (2) Projects referred to above together with the amount of such VDOT Transportation Alternatives Program Grant Funds to be provided and the City and GRTC matching funds to be provided are as follows: R- Accept Map 21 Grant -LMC 11.17 14 ver 2.doc A. Melrose Avenue Pedestrian and Bus Stop Improvements Project — VDOT Transportation Alternatives Program Grant Funds- $160,000 City Matching Funds - $ 40,000 B. Garden City Boulevard Greenway Trail Project VDOT Transportation Alternatives Program Grant Funds- $400,000 City Matching Funds - $100,000 3. The City Manager is hereby authorized to execute two (2) VDOT Standard Programmatic Project Administration Agreements for Federal -aid Projects and Appendix A substantially similar to the ones attached to the above Agenda Report to this Council for the above two (2) Projects listed as A and B in connection with the VDOT Transportation Alternatives Program Grant Funds, together with the required City and GRTC matching funds mentioned above. Such Agreements shall be approved as to form by the City Attorney. 4. The City Manager is hereby authorized to take such further actions and execute such further documents as may be necessary to obtain, accept, implement, administer, and use such funds in the total amount of $560,000 from VDOT, together with $140,000 in City and GRTC matching funds, for the above mentioned two (2) Projects, with any such documents to be approved as to form by the City Attorney. ATTEST: rn .4-'-) City Clerk. R- Accept Map 21 Grant -LMC 1 1.I Z l3 ver 2.doc 2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of November, 2014. No. 40103 - 111714. AN ORDINANCE to appropriate funding from Virginia Department of Transportation (VDOT) Transportation Alternatives Program and the Greater Roanoke Transit Company to the Melrose Avenue Pedestrian and Bus Stop Improvements and Garden City Greenway projects, amending and reordaining certain sections of the 2014- 2015 Capital Projects and Grant Funds 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 and Grant Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Capital Projects Fund Appropriations Contingency 08- 530 - 9575 -9220 $ ( 75,000) Appropriated from Federal Grant Funds 08- 530 - 9627 -9002 400,000 Appropriated from General Revenue 08- 530 - 9627 -9003 25,000 Appropriated from General Revenue 08- 530 - 9627 -9003 75,000 Appropriated from Federal Grant Funds 08- 530 - 9697 -9002 160,000 Appropriated from Third Party 08- 530 - 9697 -9004 40,000 Revenues Transfer from Grant Fund 08- 110 - 1234 -1362 25,000 VDOT Transportation Alternative Grant — Garden City Greenway 08- 530 - 9627 -9628 400,000 VDOT Transportation Alternative Grant — Mclrose Ave Bus Stop Improvements 08- 530 - 9697 -9697 160,000 GRTC Reimbursement for Melrose Ave Bus Stop Improvements 08- 530 - 9697 -9698 40,000 Grant Fund Appropriations Local Match Funding for Grants 35- 300 - 9700 -5415 ( 25,000) Transfer to Capital Projects Fund 35- 300 - 9700 -9508 25,000 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 Clerk. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 17, 2014 Subject: Acceptance and Appropriation of FYI Transportation Alternatives Program Funds and Authorization of Virginia Department of Transportation (VDOT) Agreements Background: On October 7, 2013, by Resolution No. 39771-100713, City Council authorized the City Manager to submit an application to the Virginia Department of Transportation (VDOT) for funds from MAP-21, the Moving Ahead for Progress in the 21 st Century Act, which provides federal funds for surface transportation. This Act funds the Transportation Alternatives Program which replaces the Safe Routes to School Program and other federally funded initiatives the City made application to in prior years. The current program provides additional funding for use by the City to construct or improve its infrastructure systems. These funds require local matching funds in the following percentages: 80% Federal /20% Local. Considerations: City staff has been notified that VDOT has awarded the City a total of $560,000 from the VDOT's Transportation Alternatives Program. In accordance with the award, VDOT has provided the City with a Standard Project Administration Agreement for Federal -aid Projects, a copy of which is attached, for each of the two projects as identified below. The Agreements for these projects will require a total local match amount of $140,000. Funds are to be allocated for the two (2) projects as set forth below: 1. Melrose Avenue Pedestrian and Bus Stop Improvements Project ($200,000). This project provides bus shelter and bus stop improvements to include improved accessibility with sidewalk and handicap ramps, shelter installations, and amenities. VDOT allocated $160,000 in Transportation Alternatives Funds for this project. The required 20% local match of $40,000 will be provided from Capital Improvement Reserve Contingency. 2. Garden City Boulevard Greenway Trail Project ($500,000). Current plans for a shared -use trail along Garden City Boulevard from Yellow Mountain Road to Dave n po rt/lvywood Road would be extended farther north to Riverland Road where the trail would then connect to the Roanoke River Greenway and the Star Trail. VDOT allocated $400,000 in Transportation Alternatives Funds which will require a City match of $100,000. The City match funding will be provided from the City's grant match program and Capital Improvement Reserve Contingency. Recommended Action: Accept VDOT's award of Transportation Alternatives Grant Funds for the Melrose Avenue Pedestrian and Bus Stop Improvements Project and for the Garden City Boulevard Greenway Trail project in the total amount of $560,000 which will be allocated as outlined above, with the City providing local matching funds in the amount of $140,000. Authorize the City Manager to execute the two (2) attached VDOT Standard Project Administration Agreements for Federal -aid Projects and Appendix A similar to the ones attached to this City Council Agenda Report dated November 17, 2014. Such Agreements 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 such funds in the amount of $560,000 in Transportation Alternatives Grant Funds, together with $140,000 in City matching funds. The form of all such other documents to be approved by the City Attorney. Adopt the accompanying Budget Ordinance to: 1. Establish revenue estimates for the FYI Transportation Alternatives Grant funds and appropriate funding in the same amount into the following expenditure accounts: a. Melrose Avenue Pedestrian and Bus Stop Improvements Project - $160,000; project account 08- 530 -9697, Melrose Avenue Pedestrian and Bus Stop Improvements. b. Garden City Boulevard Greenway Trail Project - $400,000; project account 08- 530 -9627, Garden City Greenway. 2. Transfer the following required local match amounts: a. $40,000 from account 08- 530 - 9575 -9220, Capital Improvement Reserve Contingency, to 08- 530 -9697, Melrose Avenue Pedestrian and Bus Stop Improvements. b. $75,000 from account 08- 530 - 9575 -9220, Capital Improvement Reserve Contingency, to 08- 530 -9627, Garden City Greenway. c. $25,000 from account 35- 300 -9700, Local Match Funding for Grants, to 08- 530 -9627, Garden City Greenway. - - - -- --------------- -- 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 Steven C. Buschor, Director of Parks and Recreation Philip C. Schirmer, P.E., L.S., City Engineer Carl Palmer, Manager for Valley Metro N STANDARD PROJECT ADMINISTRATION AGREEMENT Federal -aid Projects Project Number UPC Local Government EN 15-128-366, P101, R201, C501 1 106265 City of Roanoke THIS AGREEMENT, made and executed in triplicate this day of , 20_, 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: 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. UPC 106265; Project EN15 -128 -366, P101, R201, C501 City of Roanoke 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 33.2 -348 or Section 33.2 -331 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 federal, state, and local laws and regulations. If the locality expends over OAG Approved 6118/2012; Revised 10/112014 2 UPC 106265; Project EN15 -128 -366, 0101, R201, C501 City of Roanoke $500,000 annually in federal funding, 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 the 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. 2. 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. 3. Appendix A identifies the funding sources for the project, phases of work to be administered by the LOCALITY, and additional project - specific requirements OAG Approved 6/11112012, Revised 10/112014 3 UPC 106265; Project EN 15 -128 -366, P 101, R201, C501 City of Roanoke 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 33.2 -1011 of the Code of Virginia, 1950, as amended. 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. 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 the 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. 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 OAG Approved 6/18/2012; Revised 10112014 UPC 106265; Project EN15 -128 -366, 1;101, R201, C501 City of Roanoke reimbursed in accordance with paragraphs Lf, l.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 Lb 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 611612012; Revised 10/1/2014 UPC 106265; Project EN15 -12$ -366, PI01, R201, C501 City of Roanoke 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 Title Signature of Witness Date 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 106265) OAG Approved 6118/2012; Revised 10 /1/2014 6 Appendix A Project Number EN15. 125.388. P101, R201. C501 UPC 105265 Locol.ty City W Roanoke Project Location +4. 24011-1517 L Locality LIUNS# OD5704316 Locality Address (Tact 210+4) Room 350, 215 Mrrh Avenue SW, Roanoke, VA 24011.1517 Deagn and conslnuctico o/ bkytle and pedesdan tacatiss on Ogden City Basevard Doverpod Avenue SE 7lvywood Street SE F D Project Manager Contact Info. Prams Cyglehk. City of Roanoke. Roan 350 215 Chain Avenue SW, Roanoke. VA 24011 -1517, ( 540) 853 -13&4, pdsdlla.CygleNlk®roenokeve.gov e t P ect Coordinator Contact ado: Cheryl Becker, Salem Could Office. 731 Narrtson Averse. Salem. VA 24153, (540) 387 -5399; Cheryl.BeckwGVDOT Virginia gov. Prolac Cost hold Rotnftn mmt Maximum Rekrrbwsemee ESIOWWRSknhS cot Phase Estimated Project Casts Local Sham Amount (Estimated Curl - Local Locality Funds type Local %Participation for Sham ) (kMs. Raimbunamant -Est (Choose from drop down eoq Funds T VDOT Expenses) Preliminary Engineeflng $100,000 Transportation Alternatives 20% $32,000 $129,000 Total PE 5190.000 532.000 $128.000 st18,000 Right of Way 5 Utilities 535.000 Transportation Atiematives 20% $7.000 $28,000 Total RW 535,000 $7,000 $28,000 $28,000 Construction $305000 Transportation Alternatives 20% $91,000 $244,000 $SOO OOD Local Funds 100% $500.000 $2450 Total CN 5805000 5581,000 4,000 $244,000 otal E&Umated Coat 1 $1,000.000 5800,000 5400,000 5300,000 _. prowt ftamft Transportation Alternatives Local Match Local Funds Awnegato Allocations 5400.000 $100.000 $500,000 $1.000,000 This project slap be administered In acca0ama wdh VDOTs LoceW Adminlatuaed Protects Manual and Tronsoodahon MematMS Program Guile. This Is a limited funds project. Any expenses above the combined federal (50 %) and local (minimum 20% match) we be a 100% project sponsor cost. 100% of *Vote VDOT project expenses vas be recovered as follows 20% will be deducted from reimbursement requests 60% will be deducted from the federal Transportation Alternatives allocation amount Any neagible Items Identified throughout project development will not be reimbursable. For Transportation Aaematives projects the LOCALITY shall maintain IM Projectr or have h maintained Ina mama, salMactory, to the DEPARTMENT., Its authorized repesaealivec, ad make hple provision each year for such maintenance unless othervAse agreed to by the DEPARTMENT SERP Is not required for Transportation Alternatives projects. The DEPARTMENT will conduct all environmental studies necessary 10 cwnplele an environmental document In compliance wlm the National Environmental Paltry Act The LOCALITY Is nesponalble f. ptementing any envilamenal commitments from IM environmental document In addition the LOCALITY is responsible for o01®eng any wafer quality permlls and conduang any required harardous medals due diligence efforts VDOTs estimated coat for IM environmental document and studies wa be povided to tiro LOCALITY and deducted from IM project funds In accordance won CTB policy. the project must be completed and cite $400 000 TransportabnASertudves &location expanded by October 1, 2019 or the project may be subject to de- allocatax . Total project allocations: $1,000,000 Authorized Locality Official and dale Typed or printed name of person signing Authorized VDOT Official Recommendation and Date Typed or pdrnen name at person signing Version 8119111 _. prowt ftamft Transportation Alternatives Local Match Local Funds Awnegato Allocations 5400.000 $100.000 $500,000 $1.000,000 This project slap be administered In acca0ama wdh VDOTs LoceW Adminlatuaed Protects Manual and Tronsoodahon MematMS Program Guile. This Is a limited funds project. Any expenses above the combined federal (50 %) and local (minimum 20% match) we be a 100% project sponsor cost. 100% of *Vote VDOT project expenses vas be recovered as follows 20% will be deducted from reimbursement requests 60% will be deducted from the federal Transportation Alternatives allocation amount Any neagible Items Identified throughout project development will not be reimbursable. For Transportation Aaematives projects the LOCALITY shall maintain IM Projectr or have h maintained Ina mama, salMactory, to the DEPARTMENT., Its authorized repesaealivec, ad make hple provision each year for such maintenance unless othervAse agreed to by the DEPARTMENT SERP Is not required for Transportation Alternatives projects. The DEPARTMENT will conduct all environmental studies necessary 10 cwnplele an environmental document In compliance wlm the National Environmental Paltry Act The LOCALITY Is nesponalble f. ptementing any envilamenal commitments from IM environmental document In addition the LOCALITY is responsible for o01®eng any wafer quality permlls and conduang any required harardous medals due diligence efforts VDOTs estimated coat for IM environmental document and studies wa be povided to tiro LOCALITY and deducted from IM project funds In accordance won CTB policy. the project must be completed and cite $400 000 TransportabnASertudves &location expanded by October 1, 2019 or the project may be subject to de- allocatax . Total project allocations: $1,000,000 Authorized Locality Official and dale Typed or printed name of person signing Authorized VDOT Official Recommendation and Date Typed or pdrnen name at person signing Version 8119111 This project slap be administered In acca0ama wdh VDOTs LoceW Adminlatuaed Protects Manual and Tronsoodahon MematMS Program Guile. This Is a limited funds project. Any expenses above the combined federal (50 %) and local (minimum 20% match) we be a 100% project sponsor cost. 100% of *Vote VDOT project expenses vas be recovered as follows 20% will be deducted from reimbursement requests 60% will be deducted from the federal Transportation Alternatives allocation amount Any neagible Items Identified throughout project development will not be reimbursable. For Transportation Aaematives projects the LOCALITY shall maintain IM Projectr or have h maintained Ina mama, salMactory, to the DEPARTMENT., Its authorized repesaealivec, ad make hple provision each year for such maintenance unless othervAse agreed to by the DEPARTMENT SERP Is not required for Transportation Alternatives projects. The DEPARTMENT will conduct all environmental studies necessary 10 cwnplele an environmental document In compliance wlm the National Environmental Paltry Act The LOCALITY Is nesponalble f. ptementing any envilamenal commitments from IM environmental document In addition the LOCALITY is responsible for o01®eng any wafer quality permlls and conduang any required harardous medals due diligence efforts VDOTs estimated coat for IM environmental document and studies wa be povided to tiro LOCALITY and deducted from IM project funds In accordance won CTB policy. the project must be completed and cite $400 000 TransportabnASertudves &location expanded by October 1, 2019 or the project may be subject to de- allocatax . Total project allocations: $1,000,000 Authorized Locality Official and dale Typed or printed name of person signing Authorized VDOT Official Recommendation and Date Typed or pdrnen name at person signing Version 8119111 STANDARD PROJECT ADMINISTRATION AGREEMENT Federal -aid Projects Project Number UPC I Local Government EN15 -128 -367, P101, M501 106266 1 City of Roanoke THIS AGREEMENT, made and executed in triplicate this day of , 20_, 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: 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. UPC 106266; Project EN15 -128 -367, P101, M501 City of Roanoke 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 33.2 -348 or Section 33.2 -331 of the Code of Virginia, 1950, as amended, or other applicable provisions of federal, state, or local law or regulations require such reimbursement. It. 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 federal, state, and local laws and regulations. If the locality expends over OAG Approved 6/1812012; Revised 10/1/2014 2 UPC 106266; Project EN 15-128-367, P101, M501 City of Roanoke $500,000 annually in federal funding, 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 the 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. 1. 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. 2. 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. 3. Appendix A identifies the funding sources for the project, phases of work to be administered by the LOCALITY, and additional project - specific requirements OAG Approved 6/18/2012; Revised 10/1/2014 3 UPC 106266; Project EN 15 -128 -367, P101, M501 City of Roanoke 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 33.2 -101 l 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 the 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. 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 OAG Approved 6 /182012 Revised 1011 /2014 4 UPC 106266; Project EN15 -128 -367, P101, M501 City of Roanoke reimbursed in accordance with paragraphs Lf, l.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 Lb or Lg 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 61182012, Revised 1011/2014 UPC 106266; Project EN15 -128 -367, P101, M501 City of Roanoke 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 Title Date 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 Attachments Appendix A (UPC 106266) OAG Approved 6/1812012: Revised 1011 /2014 6 Date Appendix A Protect Number EN15 -1211-357_ P101. M501 IPC 1nA2A5 ru., .d o t LoraOOn ZIP +4 4011.1517 Loos cry N 0087 4316 Locality Address (mcl ZIP +4): Room 350, 215 Church venue SK Roanoke, VA 24011 -1517 t Non aOp CcosWdlen of ADA facilities for tansN at various awticos en Meirase Avenue. FF- Weslem Corporate Limits Salem Turnpike Project Manager Contact Info Pha Schirmer, Cey Engi eer, City of Roaoaks, Room 350, 215 Church Avenue Sw, Roanoke, VA 24011 -1517; (540)1153 -2731, PM. achimar®rowrokensgov ment Pmject Coordinator Comact !okt! Adam Czesrawskt Salem District Oeko, 731 Hamm Avenue, Seem. VA 24153:(540) 367. 5406; Adam.CzensnwnMQVDOT VuglNa.gov Pruilect Cost and Reimbufsement Maximum Ralmbursement Examined Ro mbureement Phase Estimated Project Casts Loral Share Amount (Estimated Local Locality Funds type Lowe %PWcipWbn for ) (Ma Reimbursement - Est. rcnoom eom avow down aax) Funds Too VDOT Expenses) refirrimm, Engineering $30.000 Transportation Alternatives 20% Sa.000 524,000 Total PE $30,000 $8.000 $24,000 $16,000 N of Way A Wilds 50 Sg b0 Total RW $O s0 SO 50 cranuc4m 5170.000 Transportation Altemaaves 2C% $34,000 51000 Total CN 5170A00 534,000 if W. $135,000 gal Estimated Coal 5200.000 $40,000 SISDODO 5154,000 Pro ect Flnumatlaug Transportation Altema0ves Loral Match A to Al ovations $760.000 $40,000 5200,000 This project shall be administered In accordance with VOOTs Locally Administered P lest Mwi uai and Trensoorlatbn Allemalivaa Program Guide This Is a amlled funds project. Any expanses above the combined federal (00 %) and local (minimum 20% match) we be al 100% project sponsor cost. 100% of atglble VDOT project expenses will be recovered as falklws. 20% we be deducted it= reimbureemenl requests ',. 110% Wa be deducted bum the federal Transportation Alternatives allocation amount '• Any netgo" Items Identified throughout project development will nor be reimbursable j• For Transportation Alternatives projects the LOCALITY shall maintain the Project, or have It maintained, In a manner satisfactory to the DEPARTMENT or as aultwrtzed representatives, and make ;ample provision each yew for well maintenance unless omerWls , agreed to by the DEPARTMENT SERP is not required far Transportation Alternatives projects '• The DEPARTMENT era conduct 94 environmental studies necessary to complete an environmenW document In compliance With the National Envkunmenlel Pulk-yAct, The LOCALITY Is msponsil Implementing any enwmnmentsl commdments from the environmental docomenl In addition. the LOCALITY Is responsible far obtaining my water quality pemdts and conducting any required hazed materials due c igance Mans vDOTs estimated cast for the environmental document and studies we be provided lathe LOCALITY are deducted from the Project funds • In accordance with CTS prb.T, the project most be completed and the $180 000 Transportation Aaemetivec allocation expended by October i. 20111 w no project maybe subbed to d aUa ion • Total project allo atkare: $200,000 AWhortzed Locality Official and date Typed or printed name of person signing Authorized VDOT Official Recommendation and Date Typed or printed name of person signing Version 8/19/11 0ac IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of November, 2014. No. 40104- 111714. A RESOLUTION authorizing the City Manager to execute a supply contract with the City and SLAIT Consulting, LLC ( "Slait "), for certain Storage Area Network ( "SAN ") and Network Attached Storage ( "NAS ") manufactured by NetApp, Inc. ( "NetApp "), together with related service, maintenance, support, and training for the operation of such SAN and NAS products; authorizing the City Manager to execute a lease /purchase agreement between the City and NetApp, Inc., dba NetApp Capital Solutions ( "NCS "), for the bundled financing of the Slait service charges and the lease purchase of the SAN and NAS products; and authorizing the City Manager to execute any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke that: The City Manager is hereby authorized to execute (a) a supply contract between the City and Slait, for Slait to provide certain SAN and NAS equipment required by the City, along with service, maintenance, support, and training for its operation ( "Supply Contract "), and (b) a lease /purchase agreement with NCS to finance the City's acquisition of the foregoing products and services ( "Lease /Purchase Agreement "). The proposed terms of the Supply Contract and the Lease /Purchase Agreement are each five (5) years, commencing December 1, 2014, through November 30, 2019, and the annual payments provided for in the Lease /Purchase Agreement will be in the amount of $115,510 each year, with a total amount over the five (5) year term of $577,550; such payments to be paid to NCS, in accordance with all the terms, provisions and conditions of the R- Authorize Slait -Net App Contracts.) 1 -17 -14 Lease /Purchase Agreement as more particularly described in the City Council Agenda Report dated November 17, 2014. 2. The City Manager is further authorized on behalf of the City to execute such further documents and take such further actions as may be necessary to implement, administer, and enforce such Supply Contract and Lease /Purchase Agreement, and to execute any other agreements and documents relating to this matter. 3. The form of the documents referred to above and in the City Council Agenda Report are to be approved by the City Attorney. ATTEST: rv,,n �y City Clerk. R- Authorize Slait -Net App Contracts.) 1 -17 -14 Meeting: November 17, 2014 Subject: Authorization to Execute Agreements for Storage Area Network services for the Department of Technology Background: The City of Roanoke Department of Technology's current Storage Area Network (SAN) provides backup and storage for all City applications and programs which allows the City to recover quickly after a device failure. The current SAN has surpassed its useful life. The City issued a Request for Proposal (RFP) in May, 2014, for the lease or purchase of a Storage Area Network (SAN) and Network Attached Storage (NAS). Slait Consulting, LLC ( Slait), was the proposer most responsive to the RFP. An agreement was reached with Slait in conjunction with Net App, Inc. to provide the equipment and support required by the City. Specifically, Slait will provide maintenance and support while Net App, Inc. will provide the equipment and initial setup. The City considered options of an outright purchase of the equipment, as well as the leasing of equipment. Using net present value calculations, it was determined leasing the equipment provides the best use of City resources. Under accounting rules, lease- purchasing agreements must be calculated as a part of the overall City debt. The City's debt service target is not to exceed 10% of General Fund expenditures. Currently, the City's debt service ratio is 9.1% of General Fund expenditures and is expected to stabilize at 9.0% by FY2019. The proposed term of each agreement is five (5) years commencing December 1, 2014, through November 30, 2019. Zero - interest annual payments will be made by the City to NetApp in the amount of $115,510 totaling $577,550 by the end of the term of the agreement between the City and NetApp. Given the proposed agreement, the City estimates the debt limit ratio will not increase in FY201 5 or FY2016 and will increase .01% in FY201 7 through FY201 9. Considerations: City Council approval is required to authorize the City Manager to execute the contract for the lease purchase of SAN and NAS equipment from Net App, Inc. and the contract for the maintenance, services, support, and warranties for the equipment provided by Slait Consulting, LLC. Recommended Action: Adopt the accompanying resolution authorizing the City Manager to execute a contract with Slait Consulting, LLC, for service, maintenance, support, and training for a SAN and NAS, and a contract with Net App Inc., for the lease purchase of SAN and NAS equipment, with both agreements approved as to form by the City Attorney. C ristopher P. ­M- o-r-ril- orrill City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Amelia C. Merchant, Director of Management & Budget Roy Mentkow, Director of Technology 2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of November, 2014. No. 40105 - 111714. AN ORDINANCE providing for the acquisition of real property rights needed by the City in connection with the Andrews /Cove Road Stormwater Drainage Improvements Project ( "Project'); authorizing City staff to acquire such property rights by negotiation for the City; authorizing the City Manager to execute appropriate acquisition documents; 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 wants and needs certain real property rights, to include temporary construction and /or permanent easements of variable length and width, and fee simple acquisitions, and such other real property interests as needed, as set forth in the City Council Agenda Report dated November 17, 2014, for the Andrews /Cove Road Stornwater Drainage Improvements Project, in the general vicinity of the 1500 and 1600 Blocks of Cove Road, N.W., Roanoke, Virginia, and the 2100 and 2200 Blocks of Andrews Road, N.W., Roanoke, Virginia, and surrounding streets. The proper City officials and City staff are hereby authorized to acquire by negotiation for the City the necessary real property interests and appropriate ancillary rights with respect to the real property parcels referred to in the above mentioned Agenda Report and any other real property parcels needed for the Project for such consideration as the City Manager may deem appropriate. All requisite documents shall be approved as to form by the City Attorney. 2. The City Manager is further authorized to execute appropriate acquisition documents for the above mentioned parcel(s) for such consideration as deemed appropriate for O- Audrorize aequis of prop rights- Andrews -Cove Road Drainage Project the necessary interests, provided, however, the total consideration offered or expended, including costs, title search fees, appraisal costs, recordation fees, and other related costs shall not exceed the funds available in the Project's account for such purposes, without further authorization of Council. Upon the acceptance of any offer and upon delivery to the City of appropriate acquisition documents, approved as to form by the City Attorney, the Director of Finance is authorized to pay the respective consideration to the owners of the real property interest conveyed, certified by the City Attorney to be entitled to the same. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: J�/�/ City Clerk. 0-Authorize acquis of prop rights- Andrews -Cove Road Drainage Project Meeting: November 17, 2014 Subject: Acquisition of Real Property Rights for Andrews /Cove Road Stormwater Drainage Improvements Project Background: The Andrews /Cove Road Stormwater Drainage Improvements project is part of the Capital Improvement Program for storm drain improvements within the City of Roanoke. In accordance with the Grant Agreement between the City and the Department of Housing and Urban Development (HUD), pursuant to the authority of Title I of the Housing and Community Development Act of 1974, as amended; HUD appropriated $1,553,163 for various improvement projects in the City. One of such projects is the construction of the Andrews /Cove Road Stormwater Drainage Improvements project. As part of the FY201 5 Capital Improvement Program, City Council appropriated $1.12 million for storm drain improvement projects. A portion of this funding will be utilized to acquire all necessary property rights. This project includes the installation of storm drain pipes and structures in the general vicinity of the 1 500 and 1600 blocks of Cove Road, and 2100 and 2200 blocks of Andrews Road, NW. This neighborhood suffers from inadequate drainage evidenced by standing water on road pavement and ponding on private property. Runoff from the public right of way contributes to flooding of private properties. There is no storm drain system at the intersection of Cove Road and Andrews Road to mitigate this drainage problem. Constructing the proposed storm drain system would correct known drainage problems in this neighborhood. In order to construct, operate, and maintain the proposed storm drain system, the City will need to acquire real property rights from private owners. Considerations: City Council action is necessary to authorize the acquisition of real property rights needed for the Andrews /Cove Road Stormwater Drainage Improvements Project. The real property rights needed are outlined below, but are subject to minor variation of location and extent pending final engineering design details. Funding for acquisition of the real property rights is available in project account 08- 530 -9734, Neighborhood Storm Drain Projects. Permanent drainage and temporary construction easements of variable length and width are required to accommodate construction activities and will affect three (3) properties in the general vicinity identified above. The City may also need to acquire various other property rights involving the properties listed below and other properties which have not yet been identified for this project. The properties that have been identified so far are as follows: Tax Map Address Owner Required Property Parcel Rights Number 2450207 1610 Cove Road, NW Joseph C & Mary D Permanent Drainage Roanoke, VA Moorman and Temporary Construction Easement 2450209 1 528 Cove Road, NW Richard L Taylor Permanent Drainage Roanoke, VA and Temporary Construction Easement 2350105 0 Andrews Road, NW Fincastle Permanent Drainage Roanoke, VA Equipment Easement Company, LC Recommended Action: Authorize the acquisition of any real property rights needed to construct the proposed Andrews /Cove Road Stormwater Drainage Improvements Project, including but not limited to the specific property rights identified in the City Council Agenda Report, by negotiation and execution of the appropriate acquisition documents by the City Manager, such documents to be approved as to form by the City Attorney. ----- - - - - -- 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., City Engineer Dwayne D'Ardenne, CGM, PWM, Stormwater Division Manager Josephus Johnson - Koroma, P.E., Civil Engineer II Sherman Pennix, Budget /Business Analyst Cassandra L. Turner, Economic Development Specialist STEPHANIE M. MOON REYNOLDS, MMt City Clerk Christopher P. Morrill City Manager Roanoke, Virginia Dear Mr. Morrill: CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerk@roanokeva.gov November 18, 2014 JONATHAN E. CRAFT, CMC Deputy City Clerk CECELIA T. WEBB, CIVIC Assistant City Clerk I am enclosing copy of Resolution No. 40106-111714 closing certain City offices Friday, December 26, 2014, and Friday, January 2, 2015, and providing for additional holiday leave for all City Employees. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 17, 2014; and is in full force and effect upon its passage. Sincerely, Stephanie M. Moor City Clerk Enclosure Re s, Mr,C PC: The Honorable Brenda S. Hamilton, Clerk of the Circuit Court The Honorable Donald S. Caldwell, Commonwealth Attorney The Honorable Evelyn Powers, Treasurer The Honorable Sherman A. Holland, Commissioner of the Revenue The Honorable Tim Allen, Sheriff Daniel J. Callaghan, City Attorney Drew Harmon, Municipal Auditor Barbara A. Dameron, Director of Finance Jody Lawson, Administrator, Payroll and Collections Sherman M. Stovall, Assistant City Manager for Operations Michelle Vineyard, Director, Human Resources R. Brian Townsend, Assistant City Manager for Community Development IN TILE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of November, 2014. No. 40106 - 111714. A RESOLUTION closing certain City offices Friday, December 26, 2014, and Friday, January 2, 2015, and providing for additional holiday leave for all City employees. BE IT RESOLVED by the Council of die City of Roanoke that: 1. City offices that are not engaged in performing emergency services or other necessary and essential services of the City shall be closed Friday, December 26, 2014, and Friday, January 2, 2015. 2. City personnel who are not engaged in performing emergency services or other necessary and essential services for the City shall be excused from work for eight hours Friday, December 26, 2014, and Friday, January 2, 2015. 3. With respect to emergency service employees and other employees performing necessary and essential services who cannot for reasons of public health, safety or welfare be excused from work Friday, December 26, 2014, and /or Friday, January 2, 2015, such employees, regardless of whether they are scheduled to work Friday, December 26, 2014, and Friday, January 2, 2015, shall be accorded time off at a later date. Employees of the Fire -EMS Department working the three platoon system shall receive a total of twenty -four hours of holiday time due to their work schedule for these days. 4. Adherence to this resolution shall cause no disruption or cessation of the performance of any emergency, essential or necessary public service rendered or performed by the City. K: \MeasureSV101iday time off december 2014 and Jan 2015.doe ATTEST: City Clerk. °G• REPORT CITY COUNCIL AGENDA x To: Honorable Mayor and Members of City Council Meeting: November 17, 2014 Subject: Additional Holiday Leave for City Employees Background: Currently, Thursday, December 25, 2014, and Thursday, January 1, 2015, are scheduled holidays for City of Roanoke employees, with City offices closed. Providing Friday, December 26, 2014, and Friday, January 2, 2015, as additional holidays would recognize the contributions of our employees during these challenging economic times and the fact that a pay raise was not provided for Fiscal Year 2014-2015. The City of Salem and the Commonwealth of Virginia plan to close their respective offices on December 26, 2014, and January 2, 2015. Roanoke County plans to close their office on December 26, 2014. Considerations: Emergency employees and other employees performing necessary and essential services who cannot for reasons of public health, safety, or welfare be excused from work on December 26, 2014, and January 2, 2015, will be given time off at a later date. The provision of two additional holidays does not result in an additional cost as funding is included in the budget for salary and benefit expenses. Recommended Action: Adopt the attached resolution approving additional holiday time consisting of all day on Friday, December 26, 2014, and Friday, January 2, 2015, for all City employees in recognition of their outstanding service throughout the year. - - - -- - ------------------ ristopher P. Morrill City Manager Distribution: Council Appointed Officers IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of November, 2014. No. 40107 - 111714. AN ORDINANCE to appropriate funding from the Economic and Community Development Reserve for the Property Acquisition of 2839 Peters Creek Road 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: Appropriations Appropriated from General Revenue 08- 310 - 9698 -9003 $ 280,000 Fund Balance Economic and Community Development 08 -3365 (280,000) Reserve - Unappropriated Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: WZ,.�rn, YY�6'-" �, City Clerk. 9M CITY COUNCIL AGENDA REPORT IF` To: Honorable Mayor and Members of City Council Meeting: November 17, 2014 Subject: Appropriation of Funds for Purchase of Property located at 2839 Peters Creek Road (Official Tax Map No. 6410104) Background: On November 3, 2014, City Council adopted Ordinance No. 40101 - 110314 authorizing the City Manager to execute a sales agreement with Rain Corporation providing for the acquisition of approximately .858 acres of real property located at 2839 Peters Creek Road, N.W. (Official Tax Map No. 6410104) for the purchase price of $275,000 under certain terms and conditions. The acquisition of this parcel will provide additional frontage on Peters Creek Road, N.W. to be combined with frontage of an immediately adjacent 11.5 acre site currently owned by the City. This expanded frontage will also provide access to an existing median break on Peters Creek Road, N.W. thereby improving multi - directional access to the adjacent City -owned parcel which is currently being marketed for sale and development. The City will incur other incidental costs (estimated not to exceed $5,000) related to pre - closing due diligence activities, title insurance, and certain customary costs of closing the real estate transaction. The City will not be responsible for payment of real estate agent commissions or fees related to this transaction. Funds are available from the Economic and Community Development Reserve to fund this acquisition and its related costs. Such funds must be appropriated by City Council. Recommended Action: Adopt the accompanying budget ordinance to appropriate funding in the amount of $280,000 from the Economic and Community Development Reserve to account 08- 310 - 9698 -9050 (Peters Creek Road Property). 1 -- ------------------------ Christopher P. Morrill City Manager Distribution: Council Appointed Officers Brian Townsend, Assistant City Manager for Community Development Wayne Bowers, Director, Economic Development STEPHANIE M. MOON REYNOLDS, MM!' City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: derkc roanokeva.gov November 18, 2014 Municipal Code Corporation P. O. Box 2235 Tallahassee, Florida 32316 Ladies and Gentlemen: JONATHAN E. CRAFT, CMC Deputy City Clerk CECELIA T. WEBB, CMC Assistant City Clerk I am enclosing copy of Ordinance No. 40108 - 111714 amending Section 7 -5, Adopted; where copies filed, of Article Il, Building Code, of Chapter 7, Building Regulations, of the Code of the City of Roanoke (1979), as amended, to bring references in that section of the City Code into conformity with recent amendments to the Virginia Uniform Statewide Building Code and other codes. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 17, 2014; and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon Re s, MC 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 Christopher L. Chittum, Director, Planning, Building and Development J IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of November, 2014. No. 40108 - 111714. AN ORDINANCE. amending Section 7 -5, Adopted; where copies filed, of Article II, Building Code, of Chapter 7, Building Regulations, of the Code of the City of Roanoke (1979), as amended, to bring references in that section of the City Code into confonnity with recent amendments to the Virginia Uniform Statewide Building Code and other codes; 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. Section 7 -5, Adopted; where copies filed, of Article II, Building Code, of Chapter 7, Building Regulations, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordamed, to read and provide as follows: Sec. 7 -5 Adopted; where copies filed The provisions, requirements and regulations contained in Part I, Virginia Construction Code; Part II, Virginia Rehabilitation Code; and Part III, Virginia Maintenance Code; of the Virginia Uniform Statewide Building Code (241(142012 edition), and each of the component parts, including, but not limited to, the International Building Code (24AW 2012 edition), the International Property Maintenance Code (2(180 2012 edition), the International Plumbing Code (''NF)!) 3012 edition), the International Mechanical Code (2O(W -2012 edition), the National Electrical Code (24)0S 201 1 edition), the International Fuel Gas Code (24104 201 2 edition), the International Energy Conservation Code (241(9- 201 ' edition), the International Residential Code for One, allk-1- 4WO -Fd+1 lv -Iywc prigs (24)04 -201 2 edition), an4 the International Existing Building Code (2009 edition), the Industrialized Building Safety Regulations ( 2012 edition), the Mal IU facnlrcd Home Safety Regulations (2012 edition), and the Virginia AmnSemerlt Device Regulations (2012 edition), including all supplements to such component parts, as the same may from time to time be amended by the State Board of Housing and Community Development, are hereby adopted by the city and incorporated herein by reference as if set out at length herein. The Virginia Uniform Statewide Building Code (28(V4 2012 edition), and its component parts, shall be controlling in the construction, reconstruction, alteration, enlargement, repair, maintenance, conversion or demolition of buildings and other structures contained within the n- 1nx•ndinV'1crtiun -5 ❑cat ,lo:I VAnw mltnePL',tj on 7 -td, +e corporate limits of the city. Such code, or any of its components, shall be referred to in this chapter as the building code. Copies of the building code shall be kept on file in the office of the building commissioner and in the office of the city clerk. 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: 4 City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of November, 2014. No. 40109 - 111714. A RESOLUTION amending the Fee Compendium to amend inspection fees for amusement devices in accordance with the 2012 edition of the Virginia Uniform Statewide Building Code, as set out below; and establishing an effective date. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by City Council by Resolution No. 32412 - 032795, adopted March 27, 1995, effective as of that date, as since amended, shall be amended to reflect the following fees. Type Description Fees for Weekend, Holiday, inspections or after hours during regular inspection fee business hours Amusement Devices Each small mechanical ride or $35.00 $52.50 inflatable amusement device Inflatable /s- with valid $50.00 $75.00 certificate of inspection that is within one year of date of inflatable /s to be used. (Per Event - when inspected) Circular ride or flat -ride less $55.00 $82.50 than 20 feet in height Spectacular ride which cannot $75.00 $112.50 be inspected as a circular ride or flat -ride due to complexity or height Coaster that exceeds 30 feet $200.00 $300.00 in height All devices The fees set forth above shall be reduced by - -- seventy five percent (75 %), if such inspections are performed by a certified private inspector and proof of such inspection and current certification is provided on forms acceptable to the Building Official. 2. Resolution No. 32412 -032795 is hereby amended to the extent and only to the extent of any inconsistency with this Resolution. 3. The fees established by this Resolution shall remain in effect until amended by this Council. 4. This Resolution shall be in full force and effect upon passage of this Resolution. ATTEST: City Clerk. R -Amend Fee Compendium - Amusement ride pennit fee new 2.doc 2 REPORT To: Honorable Mayor and Members of City Council Meeting: November 17, 2014 Subject: Amendment to City Code Section 7 -5 Regarding Building Regulations Background: Effective July 14, 2014, the Virginia Department of Housing and Community Development (DHCD), adopted the 2012 edition for Part I, Virginia Construction Code; Part II, Virginia Rehabilitation Code; and Part III, Virginia Maintenance Code; of the Virginia Uniform Statewide Building Code ( VUSBC) for the purpose of establishing minimum regulations to govern the construction and maintenance of buildings and structures. The provisions of the VUSBC are based on nationally recognized model building codes (IBC) published by the International Code Council, Inc., and are made part of the VUSBC by reference in the IBC. The VUSBC also contains administrative provisions governing the use of the model codes and establishing requirements for the enforcement of the VUSBC by the local building departments and other code enforcement agencies. In addition, the 2012 Related Laws Package, 2012 Manufactured Home Safety Regulations, 2012 Virginia Industrialized Building Safety Code Regulations, 2012 Virginia Amusement Device Regulations, 2012 Virginia Statewide Fire Prevention Code, 2012 Errata to the Virginia Building and Fire Regulations were adopted by the DHCD. Furthermore, any codes and standards referenced in the 2012 IBC are also considered to be part of the incorporation by reference, except that such codes and standards are used only to the prescribed extent of each such reference. Considerations: Adopting the attached ordinance will amend the Code of the City of Roanoke (1979), as amended (City Code), to reflect the recent amendments to the VUSBC which were adopted by the State. Such amendments are enforced at the local level. Failure to adopt the amendments would impact enforcement and administrative efforts. There is minimal financial impact of this recommendation. Adoption of the VUSBC amendments will pose small training and materials cost to the City which are budgeted. The amendments will not significantly impact permit fee revenues obtained by the City though they will result in the use of updated construction value tables which are used in the computation of permit fees. The state adopted amendments include changes to the amounts which localities are allowed to charge in connection with the permitting and inspection of amusement devices and changes to the structure of the fee schedule. Changes in the fee schedule, for permitting and inspection of covered devices will increase fees upon adoption of the amendments to the City's Fee Compendium. These fees are applicable except when a private inspector is used, then the fees shall be reduced by 75 %. Recommended Action: City Council adopt an ordinance amending Section 7 -5 of the Code of the City of Roanoke (1979), as amended, to bring references in this section of the City Code into conformity with the recent amendments to the Virginia Uniform Statewide Building Code in accordance with the 2012 edition of the VUSBC. City Council adopt a resolution to amend the Fee Compendium to include the fees as outlined in this report. aL Christopher P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Chris Chittum, Director, Planning, Building and Development Neil M. Holland, Building Commissioner Type of device Fee for inspections Fee for weekend. during regular holiday, or after business hours hours inspections K did a Rides Each small mechanical ii;_9 $35.00 $52.50 ride or inflatable amusement device Inflatable /s- with valid $50.00 $75.00 certificate of inspection that is within one year of date of inflatable /s to be used. (Per Event- when inspected) Circular ride flat -ride $35.00 feet less than 20 feet in 55..00 82.50 height Spectacular ride Ride $5599 which cannot be $75.00 112.50 inspected as a circular ride or flat -ride due to complexity or height Coaster Ride that 00 exceeds 30 feet in height 200.00 I mo 300.00 These fees are applicable except when a private inspector is used, then the fees shall be reduced by 75 %. Recommended Action: City Council adopt an ordinance amending Section 7 -5 of the Code of the City of Roanoke (1979), as amended, to bring references in this section of the City Code into conformity with the recent amendments to the Virginia Uniform Statewide Building Code in accordance with the 2012 edition of the VUSBC. City Council adopt a resolution to amend the Fee Compendium to include the fees as outlined in this report. aL Christopher P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Chris Chittum, Director, Planning, Building and Development Neil M. Holland, Building Commissioner 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 F_maib rIn�4Glrnu nn4nw anv STEPHANIE M. MOON REYNOLDS, MMC City Clerk November 21. 2014 Manesh Patel, Authorized Agent Krishna Properties, LLC 2201 Liberty Road, N. E. Roanoke, Virginia 24012 Dear Mr. Patel: JONATHAN E. CRAFT, CMC Deputy City Clerk CECELIA T. WEBB, CMC Assistant City Clerk I am enclosing copy of Ordinance No. 40110 - 111714 authorizing the acceptance of the dedication of an approximately .09 acre portion of property located at 2201 Liberty Road, N. E., designated as a portion of Roanoke Official Tax Map No. 3080134, owned by Krishna Properties, LLC ( "Krishna "), to the City, to be used as public right of way. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 17, 2014; and is in full force and effect upon its passage. Sincerely, s, Stephanie M. Moon Re oldC City Clerk Enclosure PC: Compton M. Biddle, Esquire, OPN LAW, 3140 Chaparral Drive, S .W., Suite 200 Roanoke, Virginia 24018 Claude and Madeleine Smith, 2306 Liberty Road, N. E., Roanoke, Virginia 24012 Blue Eagle Partnership, LLC, 1502 Williamson 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 Courtland Road, N. E., 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 Manesh Patel, Authorized Agent November 21, 2014 Page 2 pc: The Honorable Brenda S. Hamilton, Clerk of Circuit Court Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Barbara A. Dameron, Director of Finance Philip Schirmer, City Engineer Susan Lower, Director of Real Estate Valuation L IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of November, 2014. No. 40110 - 111714. AN ORDINANCE authorizing the acceptance of the dedication of an approximately.09acre portion of property located at 2201 Liberty Road, N.E., designated as a portion of Roanoke Official Tax Map No. 3080134, owned by Krishna Properties, LLC ( "Krishna "), to the City, to be used as public right of way, and dispensing with the second reading of this ordinance by title. WHEREAS, pursuant to Ordinance No. 40085 - 102014, adopted by City Council on October 20, 2014, City Council authorized the vacation, discontinuance, and closing of a portion of certain public right of way on Lukens Street, N.W., adjacent to the property designated as Roanoke Official Tax Map No. 3080134, owned by Krishna, at the request of Krishna in order to develop property it owns located at 2201 Liberty Road, N.E.; and WHEREAS, in exchange for such vacation, Krishna agreed to dedicate a portion of its property containing .09 acres, located at 2201 Liberty Road, N.E., designated as a portion of Roanoke Official Tax Map No. 3080134, to the City, to be used as public right of way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the dedication of a portion of property containing approximately .09 acres located at 2201 Liberty Road, N.E., designated as a portion of Roanoke Official Tax Map No. 3080134, owned by Krishna, to the City, as a public right of way, as more particularly described in the City Attorney's Letter to Council dated November 17, 2014. The City Manager is hereby authorized to sign any necessary documents required to accept the dedication of the real estate. All such documents shall be upon form approved by the City Attorney. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: O- Authorizing acceptance of dedication property by Klishne.l 1 -17 -14 Cit y Cle ... K n. Daniel J. Callaghan City Attorney CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 TELEPHONE 540. 853.2431 FAX 540- 853 -1221 EMAIL: ciryatry@roanokeva.gov November 17, 2014 The Honorable David A. Bowers, Mayor and Members of City Council Timothy R. Spencer Steven J. Talevi David L. Collins Heather P. Ferguson Laura M. Carini Assistant City Attorneys Re: Ordinance Authorizing Acceptance of Dedication of Property By Krishna Properties, LLC. Dear Mayor Bowers and Members of Council: Pursuant to Ordinance No. 40085- 102014, adopted by City Council on October 20, 2014, City Council authorized the vacation, discontinuance, and closing of a portion of certain public right of way on Lukens Street, N.W., adjacent to property designated as Roanoke Official Tax Map No. 3080134, owned by Krishna Properties, LLC ( "Krishna "). Such vacation was made at the request of Krishna, in order for Krishna to develop property it owns located at 2201 Liberty Road, N.E. In exchange for such vacation, Krishna agreed to dedicate a portion of its property containing approximately .09 acre located at 2201 Liberty Road, as further described on the plat showing the vacation of the above referenced right of way, to be used by the City as public right of way. Acquisition of this real estate from Krishna as right of way would allow the placement of a utility pole and travel lane into the public right of way along Liberty Road, and provide for future streetscape improvements. Although it was the intent of the parties that the .09 acre portion of Krishna's real property located at 2201 Liberty Road be dedicated to the City, Ordinance No. 40085- 102014 did not provide authorization for the City Manager to accept such dedication of property by Krishna. Recommended Action: Accept the dedication by Krishna Properties, LLC, of the approximately .09 acre portion of its real property located at 2201 Liberty Road, N.E., and authorize the City Manager to sign such necessary documents required to accept such dedication of real property. All documents shall be upon form approved by the City Attorney. Vey truly your Daniel J. allagh City Attorney DJC /DLC /rry c: Council Appointed Officers Sherman Stovall, Assistant City Manager for Operations R. Brian Townsend, Assistant City Manager for Community Development 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, MMC E-mail: clerk@,roajiokeva.gov E. CRAFT, CIVIC City Clerk Deputy City Clerk November 21, 2014 Daniel J. Callaghan City Attorney Roanoke, Virginia Dear Mr. Callaghan: CECELIA T. WEBB, CIVIC Assistant City Clerk Continuation of a public hearing was conducted by the Council of the City of Roanoke on Monday, November 17, 2014, to consider "First Draft Plan A" 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 unanimously adopted, the matter was tabled. Sincerely, !q Stephanie M. Moon Reynolds, M C City Clerk Enclosure PC: Christopher P. Morrill, City Manger Barbara A. Dameron, Director of Finance Drew Harmon, Municipal Auditor Melvin Williams, Secretary, Electoral Board, 1320 3rd Street S. W., Roanoke, Virginia 24016 Andrew Cochran, General Registrar Helen E. Davis, 35 Patton Avenue, N. E., Roanoke, Virginia 24016 Martin Jeffreys, 421 Fairfax Avenue, N. W., Roanoke, Virginia 24016 Brenda Hale, President, Roanoke Branch NAACP, P. O. Box 12362, Roanoke, Virginia 24025 Daniel Hale, Sr., 4425 Oleva Street, N. W., Roanoke, Virginia 24017 ro Draft Date: 10/20/2014 First Amended Plan A IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA AN ORDINANCE amending and reordaining Section 10 -14 through and including Section 10 -80, Article II, Election Districts; Voting Precincts and Places, Chapter 10, Elections, of the Code of the City of Roanoke (1979) as amended; providing for an effective date; and dispensing with the second reading of this ordinance by title. WHEREAS, the City of Roanoke has maintained 32 separate voting districts throughout the City and one (1) central absentee voter precinct at the Noel C. Taylor Municipal Building for several years; WHEREAS, in 2011, Council of the City of Roanoke requested the Roanoke Electoral Board (the "Electoral Board ") to review the current alignment and composition of voting precincts and make recommendations to the Council with respect to the consolidation or realignment of voter precincts within the City; WHEREAS, the Electoral Board presented a proposed realignment of voting precincts within the City that would reduce the number of voting precincts from 32 to 26 and maintain one (1) absentee voting precinct; WHEREAS, the Council expressed concerns over this proposal and requested the Electoral Board to review the entire electoral precinct map and develop an alternative proposal; WHEREAS, the Electoral Board, the Registrar, GIS staff, and staff from the City Planning, Building and Development Department assembled to consider the creation of a new electoral precinct map; L:\ATTORNEY\DATA \LMCarini \Voting Precincts\Precinct Realignment 2013 Revisions - Draft 10.20.14.docz Draft Date: 10/20/2014 First Amended Plan A WHEREAS, this group considered the requirements of the Code of Virginia, the current configuration of House of Delegate Districts, and availability and accessibility of polling places and developed a plan which created 19 voter precincts within the City and maintained one (1) absentee voter precinct; WHEREAS, the Electoral Board hosted five (5) informational sessions in various parts of the City in the summer of 2012 so that citizens could attend to express their opinions to the proposed voter precinct plan; WHEREAS, Council set the proposal of the Electoral Board for a public hearing on November 19,2012; WHEREAS, several citizens appeared before Council at the public hearing to express their concerns regarding the proposed realignment of the voter precincts; WHEREAS, Council did not vote to adopt or reject the proposed voter precincts prepared by the electoral board; WHEREAS, Council adopted a Resolution No. 39564 - 010713 on January 7, 2013, to create 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;" WHEREAS, the Election Precincts Task Force organized, met, and held public hearings in accordance with the directives of Resolution 39564- 010713 and submitted its recommendation to City Council on May 14, 2013 (the "Task Force Recommendation "); WHEREAS, the Task Force Recommendation proposed the creation of 20 voter precincts within the City and one (1) absentee voter precinct at the Noel C. Taylor Municipal Building; L:\ATTORNEY\DATA \LMCarini \Voting Pmincts\Pr inct Realignment 2013 Revisions - Draft 10.20.14.docz 2 Draft Date: 10/20/2014 First Amended Plan A WHEREAS, the Election Precincts Task Force appeared before Council at a work session of Council on June 3, 2013, to respond to questions from Council; WHEREAS, Council directed the City Attorney to prepare an ordinance that would adopt the Task Force Recommendation to create 20 voter precincts within the City and maintain one (1) absentee voter precinct at the Noel C. Taylor Municipal Building; WHEREAS, notice of a public hearing to be held on Monday, October 20, 2014, to consider adoption of an ordinance to create 20 voter precincts with the City and maintain one (1) absentee voter precinct was published in The Roanoke Times on Monday October 6, 2014, Wednesday October 8, 2014,-and Monday, October 13, 2014, and Wednesday October 15, 2014, in rdanee withwhich publication satisfies the requirements of Section 24.2 -306 (A) of the Code of Virginia (1950), as amended, which statute requires publication in a newspaper having general circulation once a week for two successive weeks; WHEREAS, Council held a public hearing in accordance with Section 24.2- 306(A) of the Code of Virginia (1950), as amended, on Monday, October 20, 2014, at which public hearing citizens were afforded the opportunity to present their opinions and views in support of or in opposition to the proposal of the Election Precincts Task Force; and WHEREAS, Council has determined, based upon the report of the Election Precincts Task Force, the comments of the citizens at the public hearings, and requirements of state law, that it is in the best interest of the City to enact an ordinance that realigns the voter precincts within the City to establish 20 voter precincts and one (1) central absentee voter precinct in order to improve the voting process and increase voter participation in the City of Roanoke. L:WTTORNEY\DATA \LMCarini \Voting PrecinctsTminct Realignment 2013 Revisions - Draft 10.20.14.doex 3 Draft Date: 10/20/2014 First Amended Plan A THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: Section 10 -14 through and including Section 10 -80, Article II, Election Districts; Voting Precincts and Places, Chapter 10, Elections, of the Code of the City of Roanoke (1979), as amended, are hereby amended and reordained to read and provide as follows: L: \ATTORNEY\DATA \LMCaiini\Voting Precincts\Pre inct Realignment 2013 Revisions - Draft 10.20.14.doex M-1 s.. �' L: \ATTORNEY\DATA \LMCaiini\Voting Precincts\Pre inct Realignment 2013 Revisions - Draft 10.20.14.doex s.. Y. 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MA L: \ATTORNBY\DATA \LMCarini \Voting Precincts\Precinct Realignment 2013 Revisions - Draft 10.20.14.docx 15 Draft Date: 10/20/2014 First Amended Plan A •. _ -_ - - IT 00 r. L: \ATTORNEY\DATA \LMCarini\Voting Pr incts\Pr inct Realignment 2013 Revisions - Dmft 10.20.14.docx 16 WA Ncrrqn.�= L: \ATTORNEY\DATA \LMCarini\Voting Pr incts\Pr inct Realignment 2013 Revisions - Dmft 10.20.14.docx 16 Draft Date: 10/20/2014 First Amended Plan A L: \ATTORNPY\DATA \LMCarini \Voting Ptecinets\Precinet Realignment 2013 Revisions - Dmfl 10.20.14.docx 17 .. I NMI .. I MOM L: \ATTORNPY\DATA \LMCarini \Voting Ptecinets\Precinet Realignment 2013 Revisions - Dmfl 10.20.14.docx 17 I NMI I MOM • . _ L: \ATTORNPY\DATA \LMCarini \Voting Ptecinets\Precinet Realignment 2013 Revisions - Dmfl 10.20.14.docx 17 Draft Date: 10/20/2014 First Amended Plan A r MP-T.T EMPS i. . ... . r . no •. ._ I' ._ ... . r . slow •. ._ I' L: \.ATTORNEY \DATA\LMCarini \Voting Precincts\Precinct Realignment 2013 Revisions - Draft 10.20.14.doex 19 Draft Date: 10/20/2014 First Amended Plan A rsse�ners re Y. SIMI MI - - =`7 rsse�ners re Y. .. \. 1. p MR. a \ �i �. • .. ■ . . L:\ATTORNEY\DATA \LMCarini \Voting Precincts \Precinct Realignment 2013 Revisions - Draft 10.20.14.docx 19 Draft Date: 10/20/2014 First Amended Plan A MMIO ._ 'I .. .. r .. .. .. .. MM M. SKIM HMEMPM MOM. See. 10-14. Generally. The territory embraced within the corporate limits of the city shall be and is divided into election districts, and voter precincts and polling places shall be established in each such district, as set forth in the following sections of this chapter. L:\ATTORNEY\DATA\LMCarini \Voting Precincts \Precinct Realignment 2013 Revisions -Draft 10.20.14.docx 20 r ._ MM M. • . .. SKIM HMEMPM MOM. See. 10-14. Generally. The territory embraced within the corporate limits of the city shall be and is divided into election districts, and voter precincts and polling places shall be established in each such district, as set forth in the following sections of this chapter. L:\ATTORNEY\DATA\LMCarini \Voting Precincts \Precinct Realignment 2013 Revisions -Draft 10.20.14.docx 20 Draft Date: 10/20/2014 First Amended Plan A Sec. 10 -15. Alternative Polling; Places. Should the polling place established by any section of this chapter be unusable or inaccessible, as the result of an emergency, the electoral board shall provide an alternative polling place in accordance with Section 24.2- 310(D), Code of Virginia (1950), as amended. Sec. 10 -16. Central absentee polling precinct. (a) In accordance with Section 24.2 -712 of the Code of Virginia (1950), as amended, a central absentee voter precinct is hereby established on the first floor of the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., at which all absentee ballots will be received, counted, and recorded for all elections held in the city. (b) The city manager is hereby authorized and directed to provide the electoral board with adequate and sufficient room and office space within the first floor of the Noel C. Taylor Municipal Building for the purposes of the central absentee voter precinct, which space when used for purposes of elections held in the city, shall be under the management and control of the electoral board. Sec. 10 -17. Voter Precinct No. 1, Monterey Precinct — Boundaries. The boundaries of Voter Precinct No. 1, Monterey Precinct, are as follows: Beginning at the intersection of Oliver Road, N.E., as extended northerly from a point at the intersection of Houston Avenue and Oliver Road, N.E., and Carvins Creek in the northwesterly corner of the Voting Precinct No. 1, Monterey Precinct, and at the city corporation line; thence, in an easterly direction along the city corporation line to the unnamed, intermittent stream through Blue Hills Golf Course; thence, southerly along the centerline of the unnamed intermittent stream to Tinker Creek; thence, northerly along the centerline of Tinker Creek to Old Mountain Road, N.E.; thence, southerly along the centerline of Old Mountain Road, N.E. to the centerline of Hollins Road, N.E.; thence, with the centerline of Hollins Road, N.E., to Huntington Boulevard, N.E.; thence, westerly along the centerline of Huntington Boulevard, N.E., to Oliver Road, N.E.; thence, northerly with the centerline of Oliver Road, N.E. extended on the same course to Carvins Creek at the city corporation line and the point of beginning. Sec. 10-18. Same — Pollin Place. lace. The polling place in Voter Precinct No. 1, Monterey Precinct, shall be at the Monterey Elementary School, located at 4501 Oliver Road, N.E. L:\ATTORNEY\DATA \LMCarini \Voting PminctsTminct Realignment 2013 Revisions - Draft 10.20.14.docz 21 Draft Date: 10/20/2014 First Amended Plan A Sec. 10 -19. Voter Precinct No. 2, Tinker Precinct — Boundaries. The boundaries of Voter Precinct No. 2, Tinker Precinct, are as follows: Beginning at a point where Hollins Road, N.E., crosses the Norfolk Southern Railway (formerly the Norfolk and Western Railway) right -of -way; thence, southerly along the centerline of Hollins Road, N.E. to Old Mountain Road, N.E.; thence, southerly along the centerline of Old Mountain Road, N.E. to the centerline of Tinker Creek; thence, southerly along the centerline of Tinker Creek and along the centerline of an unnamed, intermittent stream through Blue Hills Golf course; thence, northerly along the centerline of an unnamed intermittent stream to the city corporation line; thence, in a clockwise direction from south to west along the city corporation line to a point where the centerline of the Norfolk Southern Railway right -of -way intersects Tinker Creek just south of Rhodes Avenue, S.E.; thence, westerly along the centerline of the Norfolk Southern Railway right -of -way to the centerline of the Norfolk Southern Railway north- south oriented right -of -way line; thence, northerly along the centerline of the Norfolk Southern Railway north -south oriented right -of -way line to Hollins Road, N.E., and the point of beginning. Sec. 10 -20. Same — Polling Place. lace. The polling place in Voter Precinct No. 2, Tinker Precinct, shall be at the East Gate Church of the Nazarene Worship Center, located at 2002 East Gate Avenue, N.E. Sec. 10 -21. Voter Precinct No. 3, Williamson Road Precinct — Boundaries. The boundaries of Voter Precinct No. 3, Williamson Road Precinct, are as follows: Beginning at the intersection of Oliver Road, N.E. and Wentworth Avenue, N.E.; thence, southerly along the centerline of Oliver Road, N.E., to the intersection with Huntington Boulevard, N.E.; thence, in an easterly direction along the centerline of Huntington Boulevard, N.E. to a point where Huntington Boulevard, N.E. intersects with the Norfolk Southern Railway (formerly known as Norfolk and Western Railway) right -of -way; thence, southerly along the centerline of the Norfolk Southern Railway right -of -way to a point where the Norfolk Southern Railway right -of -way intersects with Interstate 581; thence, in a northerly direction along the centerline of Interstate 581 to a point where Interstate 581 crosses over Orange Avenue, N.E.; thence, westerly along the centerline of Orange Avenue, N.E., to a point at the intersection with Gainsboro Road, N.E.; thence, in a northerly direction along the centerline of Interstate 581 to a point where Interstate 581 would intersect Oakland Boulevard, N.E., as extended from Pleasant View Avenue, N.E.; thence, in a northeasterly direction along the centerline of Oakland Boulevard, N.E., to the point at the intersection with Williamson Road, N.E.; thence, in a northwesterly direction along the centerline of Williamson Road, N.E., to Wentworth Avenue, N.E.; thence, along the L:\ATTORNEY\DATA \LMCarini \Voting Pr incts\Pr inct Realignment 2013 Revisions - Draft 10.20.14.docz 22 Draft Date: 10/20/2014 First Amended Plan A centerline of the Wentworth Avenue, N.E., to Oliver Road, N.E., and to the point of beginning. Sec. 10 -22. Same — Pollin¢ Place. The polling place in Voter Precinct No. 3, Williamson Road Precinct, shall be at the Public Works Service Center, located at 1802 Courtland Avenue, N.E. Sec. 10 -23. Voter Precinct No. 4, Jefferson Precinct — Boundaries. The boundaries of Voter Precinct No. 4, Jefferson Precinct, are as follows: Beginning at a point where the centerline of the Norfolk Southern Railway (formerly known as Norfolk and Western Railway) right -of -way intersects Tinker Creek just south of Rhodes Avenue, S.E.; thence, southerly along the centerline of Tinker Creek and the city corporation line to the Roanoke River; thence, westerly along the centerline of the Roanoke River to a point where the centerline of the Roanoke River intersects with Bennington Street, S.E.; thence, in a northwesterly direction along the centerline of Bennington Street, S.E., to a point where Bennington Street, S. E. intersects with Tayloe Avenue, S.E. and 13th Street, S.E.; thence, westerly along the course of Tayloe Avenue, S.E.; thence, westerly along the centerline of Tayloe Avenue, S.E., to 11th Street, S.E.; thence, northerly along the centerline of 11th Street, S.E., to the centerline of Highland Avenue, S.E.; thence, westerly along Highland Avenue, S.E., to 7th Street, S.E.; thence, southerly along the centerline of 7th Street S.E., to Albemarle Avenue, S.E.; thence, westerly along the centerline of Albemarle Avenue, S.E., to the centerline of Interstate 581; thence, northerly along the centerline of Interstate 581 to the centerline of the east -west line of the Norfolk Southern Railway right -of -way; thence, east along the centerline of the east -west line of the Norfolk Southern Railway right -of -way to the point of beginning. Sec. 10 -24. Same — Polling Place. lace. The polling place in Voter Precinct No. 4, Jefferson Precinct, shall be at the Fallon Park Elementary School, located on the east side of 19th Street, S.E., in Fallon Park. Sec. 10 -25. Voter Precinct No. 5, Jefferson- Riverdale Precinct — Boundaries. The boundaries of Voter Precinct No. 5, Jefferson - Riverdale Precinct, are as follows: Beginning at the centerline of Walnut Avenue, S.E., and along the centerline of the Roanoke River; thence, proceeding in a northwesterly direction along the centerline of Walnut Avenue, S.E. crossing the Roanoke River to a point along the Norfolk Southern Railway (formerly Norfolk and Western Railway) right -of- way; thence, northerly along the centerline of the Norfolk Southern Railway right - of -way to a point at the intersection with Albemarle Avenue, S.E.; thence, easterly L:\ATTORNEY\DATA\LMCarini \Voting PnxinctsTminct Realignment 2013 Revisions - Draft 10.20.14.docx 23 Draft Date: 10/20/2014 First Amended Plan A along the centerline of Albemarle Avenue, S.E., to 7th Street, S.E.; thence, northerly along the centerline of 7th Street, S.E., to Highland Avenue, S.E.; thence, northeasterly along the centerline of Highland Avenue, S.E., to 11th Street, S.E.; thence, southerly along the centerline of 11th Street, S.E., to Tayloe Avenue, S.E.; thence, easterly along the centerline of Tayloe Avenue, S.E., to a point where Tayloe Avenue, S.E. intersects with 13th Street, S.E.; thence, in a southeasterly direction along the centerline of 13th Street, S.E.; thence, in a southeasterly direction along the centerline of Bennington Street, S.E., to a point where Bennington Street, S.E. crosses the Roanoke River; thence, in a northerly direction along the centerline of the Roanoke River; thence, in a easterly direction along the centerline of the Roanoke River to a point at the city corporation line; thence, along the city corporation line along the easterly side of this Voter Precinct No. 5 in a southerly direction to Rutrough Road, S.E.; thence, westerly along the centerline of Rutrough Road, S.E., to the intersection of Rutrough Road, S.E. and Riverland Road, S.E. with Bennington Street, S.E.; thence, in a southwesterly direction along the centerline of Riverland Road, S.E., to a point where Riverland Road, S.E. intersects with Garnand Branch; thence, in a northerly directing along the centerline of Garnand Branch to a point where Garnand Branch intersects with the centerline of the Roanoke River; thence, westerly along the centerline of the Roanoke River to Walnut Avenue, S.E. and the point of beginning. Sec. 10 -26. Same — Polline Place. The polling place in Voter Precinct No. 5, Jefferson - Riverdale Precinct, shall be at the Jackson Park Branch Library, located at 1101 Morningside Street, S.E. Sec. 10 -27. Voting Precinct No. 6, Garden City Precinct — Boundaries. The boundaries of Voter Precinct No. 6, Garden City Precinct, are as follows: Beginning at the intersection of Rutrough Road, S.E. and the city corporation line; thence, in a clockwise direction along the city corporation line to Southmont Drive (private); thence, in a northeasterly direction to the 1965 city corporation line; thence, northerly along the 1965 city corporation line to Yellow Mountain Road, S.E.; thence, southerly along the centerline of Yellow Mountain Road, S.E., to Mill Mountain Parkway to the point where Mill Mountain Parkway, JB Fishburn Parkway, and Mill Mountain Spur intersect; thence, northerly along JB Fishburn Parkway to a point at which JB Fishburn Parkway ends and Walnut Avenue, S.E. begins; thence, northerly along a course to its intersection with the Roanoke River; thence, easterly along the centerline of the Roanoke River to Garnand Branch; thence, southerly along the centerline of Garnand Branch to a point where Gamand Branch intersects with Riverland Road, S.E.; thence, in a northeasterly direction along the centerline of Riverland Road, S.E., to the intersection of Bennington Street, S.E., Riverland Road, S.E., and Mount Pleasant Boulevard, S.E.; thence, easterly along the centerline of Mount Pleasant L:WTTORNEY\DATA \LMCanni \Voting Prmincts\Prminct Realignmmt 2013 Revisions - Dmft 10.20.14.docx 24 Draft Date: 10/20/2014 First Amended Plan A Boulevard, S.E., to Rutrough Road, S.E.; thence, easterly on the centerline of Rutrough Road, S.E., to the city corporation line and the point of beginning. Sec. 10 -28. Same — Polling Place. lace. The polling place in Voter Precinct No. 6, Garden City Precinct, shall be at the Garden City Elementary School, located at 3718 Garden City Boulevard, S.E. Sec. 10 -29. Voter Precinct No. 7, South Roanoke Precinct — Boundaries. The boundaries of Voter Precinct No. 7, South Roanoke Precinct, are as follows: Beginning at the intersection of Franklin Road, S.W. and the Roanoke River; thence, meandering along the centerline of the Roanoke River in an easterly, southerly, and northerly direction to a point along the centerline of the Roanoke River and northwest corner of Voter Precinct No. 6, Garden City Precinct (said point located northwesterly of Riverland Road); thence, southwesterly to the intersection of Walnut Avenue, S.E. with JB Fishburn Parkway; thence, southerly along the centerline of JB Fishbum Parkway to a point at which JB Fishburn Parkway, Mill Mountain Spur, and Mill Mountain Parkway intersect; thence, southerly along the centerline of Mill Mountain Parkway to Yellow Mountain Road, S.E.; thence, northerly along the centerline of Yellow Mountain Road, S.E. to the 1965 city corporation line; thence, southwesterly along the 1965 city corporation line to the present city corporation line; thence, northwesterly along the city corporation line to the centerline of Franklin Road, S.W.; thence, northeasterly along the centerline of Franklin Road, S.W., to the Roanoke River and the point of beginning. Sec. 10-30. Same — Pollin Place. lace. The polling place in Voter Precinct No. 7, South Roanoke Precinct, shall be at the Crystal Spring Elementary School, located on the east side of Carolina Avenue, S.W., between 26th and 27" Streets, S.W. Sec. 10 -31. Voter Precinct No. 8, Wasena Precinct - Boundaries. The boundaries of Voter Precinct No. 8, Wasena Precinct, are as follows: Beginning at the intersection of Franklin Road, S.W. and the centerline of the Roanoke River; thence, southwesterly along the centerline of Franklin Road, S.W. to the city corporation line; thence, northwesterly along the city corporation line to the Norfolk Southern Railway (formerly Norfolk and Western Railway) right - of -way; thence, northerly along the centerline of the Norfolk Southern Railway right -of -way to the northeast corner of the southern campus of Virginia Western Community College; thence, from this point at the centerline of Norfolk Southern Railway right -of -way, northwesterly on the aforementioned boundary of the southern campus of Virginia Western Community College to the intersection of Overland Road, S.W., and Colonial Avenue, S.W.; thence, northeasterly along the L:\ATTORNEY\DATA \LMCatim \Voting Pmmcts\Ptecinct Realignment 2013 Revisions - Dma 10.20.14.docz 25 Draft Date: 10/20/2014 First Amended Plan A centerline of Colonial Avenue, S.W., to Persinger Road, S.W.; thence, northwesterly along the centerline of Persinger Road, S.W., to Brambleton Avenue, S.W.; thence, northerly along the centerline of Brambleton Avenue, S.W., to Brandon Avenue, S.W.; thence, easterly along the centerline of Brandon Avenue, S.W., to Brighton Road, S.W.; thence, northerly along Brighton Road, S.W., to Sherwood Avenue, S.W.; thence, easterly along the centerline of Sherwood Avenue, S.W., to Brighton Road, S.W.; thence, northerly along Brighton Road, S.W., to Summit Avenue, S.W.; thence, easterly along the eastern boundary of Evergreen Burial Park; thence, northerly along the boundary of Evergreen Burial Park on a course as extended to the centerline of the Roanoke River; thence, easterly along the centerline of the Roanoke River to the centerline of Franklin Road, S.W. and the point of beginning. Sec. 10 -32. Same — Pollin¢ Place. The polling place for Voter Precinct No. 8, Wasena Precinct, shall be at the Wasena Elementary School, located at 1125 Sherwood Avenue, S.W. Sec. 10 -33. Voter Precinct No. 9, Highland Precinct — Boundaries. The boundaries of Voter Precinct No. 9, Highland Precinct, are as follows: Beginning at the intersection of the centerline of the Norfolk Southern Railway (formerly Norfolk and Western Railway) right -of -way and Interstate 581 just south of Shenandoah Avenue, N.E.; thence, southerly along the centerline of Interstate 581 to the confluence of Interstate 581, the Norfolk Southern Railway right -of -way, and Albemarle Avenue, S.E.; thence, southerly along the centerline of the Norfolk Southern Railway right -of -way to Walnut Avenue, S.E.; thence, southeasterly along the centerline of Walnut Avenue, S.E., to the centerline of the Roanoke River; thence, meandering westerly and northerly along the centerline of the Roanoke River to Bridge Street, S.W.; thence, northerly along the centerline of Bridge Street, S.W., to the end of Bridge Street, S.W.; thence, from the end of Bridge Street, S.W. on a straight line with the same course as Bridge Street, S.W., to the centerline of the Norfolk Southern Railway right -of -way; thence, easterly along the centerline of the Norfolk Southern Railway right -of -way to the centerline of Interstate 581, and to the point of beginning. Sec. 10 -34. Same — Polling Place. The polling place in Voter Precinct No. 9, Highland Precinct, shall be at the Roanoke Scottish Rite Building, located at 622 Campbell Avenue, S.W. Sec. 10 -35. Voter Precinct No. 10, Virginia Heights Precinct - Boundaries. The boundaries of Voter Precinct No. 10, Virginia Heights Precinct, are as follows: L:\ ATTORNEY\ DATA \LMCarini \Voting Pre incts\P=inct Realignment 2013 Revisions - Draft 10.20.14.dacx 26 Draft Date: 10/20/2014 First Amended Plan A Beginning at a point at the intersection of Brandon Avenue, S.W. and Grandin Road, S.W.; thence, westerly along the centerline of Brandon Avenue, S.W., to a point at which Brandon Avenue, S.W. intersects with and crosses Mud Lick Creek; thence, northerly along the centerline of Mud Lick Creek to the Roanoke River; thence, northerly and easterly along the centerline of the Roanoke River to a point at which the eastern boundary of city -owned Tax Parcel No. 1230301 meets the western boundary of city -owned Tax Parcel No. 1230701 (Tax Parcel 1230301 and Tax Parcel 1230701 constitute Ghent Hill Park); thence, from the Roanoke River in a southerly direction to the centerline of an unnamed city - owned alley on the southern side of Wasena Avenue, S.W.; thence, in a southern direction along such alley to a point at the northeast comer of the Evergreen Burial Park; thence, along the easterly boundary of the Evergreen Burial Park and continuing to a point where the easterly boundary of the Evergreen Burial Park and Summit Avenue, S.W. intersect; thence, easterly along the centerline of Summit Avenue, S.W., to a point where Summit Avenue, S.W. and Brighton Road, S.W. intersect; thence, southerly along the centerline of Brighton Road, S.W. to Windsor Avenue, S.W.; thence, westerly along the centerline of Windsor Avenue, S.W., to the intersection of Windsor Avenue, S.W. and Grandin Road, S.W.; thence, southwesterly along the centerline of Grandin Road, S.W., to the intersection of Grandin Road, S.W. and Brandon Avenue, S.W. and the point of beginning. Sec. 10 -36. Same — Pollin Place. lace. The polling place in Voter Precinct No. 10, Virginia Heights Precinct, shall be at the Virginia Heights Elementary School, located at 1210 Amherst Street, S.W. Sec. 10 -37. Voter Precinct No. 11, Fishburn Park Precinct - Boundaries. The boundaries of Voter Precinct No. 11, Fishbum Park Precinct, are as follows: Beginning at the intersection of Brighton Road, S.W. and Windsor Avenue, S.W.; thence, southerly along the centerline of Brighton Road, S.W., to Sherwood Avenue, S.W.; thence, westerly along the centerline of Sherwood Avenue, S.W., to Brighton Road, S.W.; thence, southerly along the centerline of Brighton Road, S.W., to Brandon Avenue, S.W.; thence, westerly along the centerline of Brandon Avenue, S.W., to Brambleton Avenue, S.W.; thence, southerly along the centerline of Brambleton Avenue, S.W., to Persinger Road, S.W.; thence, southeasterly along the centerline of Persinger Road, S.W., to Colonial Avenue, S.W.; thence, southwesterly along the centerline of Colonial Avenue, S.W., to Overland Road, S.W.; thence, southeasterly along the northeast boundary of the southern campus of Virginia Western Community College to the intersection of such boundary line with the centerline of the Norfolk Southern Railway (formerly Norfolk and Western Railway) right -of -way; thence, southwesterly along the centerline of the Norfolk Southern Railway right -of -way to the city corporation line; thence, in a clockwise direction (generally south to west) along the city corporate line to Colonial Avenue, S.W.; thence, northeasterly along Colonial L:\ATrORNEY\DATA \LMCarini \Voting PminctsTminct Realignment 2013 Revisions - Draft 10.20.14.docx 27 Draft Date: 10/20/2014 First Amended Plan A Avenue, S.W., to Murray Run Creek; thence, northerly along the centerline of Murray Run Creek to Brambleton Avenue, S.W.; thence, westerly along Brambleton Avenue, S.W. if Brambleton Avenue, S.W. were extended on the same course to its intersection with the western boundary of Shrine Hill Park extended; thence, northerly along the boundary of Shrine Hill Park to a point where Shrine Hill Park would intersect the northern edge of the right -of -way for Montvale Road, S.W., as extended from Guilford Avenue, S.W.; thence, southwesterly along the northern edge of Montvale Road, S.W., to Barham Road, S.W.; thence, in a southerly direction to the southern edge of the right -of -way for Montvale Road, S.W. where it intersects with Barham Road, S.W.; thence, southwesterly along the southern edge of the right -of -way for Montvale Road, S.W., to a point where Montvale Road, S.W. intersects with Weaver Road, S.W.; thence, to a point where Spring Road, S.W. intersects with the northern edge of the right -of -way for Montvale Road, S.W. ; thence, southwesterly along the northern edge of the right -of -way for Montvale Road, S.W., to Beverly Boulevard, S.W.; thence, continuing southwesterly along an extension of Montvale Road, S.W., to the city corporation line; thence, in a clockwise direction (northwesterly) along the city corporation line to Mud Lick Creek; thence, northerly along the centerline of Mud Lick Creek to Brandon Avenue, S.W.; thence, easterly along the centerline of Brandon Avenue, S.W., to Grandin Avenue, S.W.; thence, northeast along the centerline of Grandin Avenue, S.W., to Windsor Avenue, S.W. and the point of beginning. Sec. 10 -38. Same — Pollin¢ Place. The polling place in Voter Precinct No. 11, Fishburn Park Precinct, shall be at the Fishburn Park Elementary School, located at 3057 Colonial Avenue, S.W. Sec. 10 -39. Voter Precinct No. 12, Grandin Court Precinct — Boundaries. The boundaries of Voter Precinct No. 12, Grandin Court Precinct, are as follows: Beginning at the intersection of Colonial Avenue, S.W. and the centerline of Murray Run Creek; thence, westerly along Colonial Avenue, S.W., to the city corporation line; thence, in a clockwise direction (westerly and northerly) along the city corporation line to a point where the city corporation line would intersect with Montvale Road, S.W., if Montvale Road, S.W. were extended from Beverly Boulevard to the city corporation line on a southwesterly course; thence, northeasterly along the aforementioned line from the city corporation line to the northern edge of the right -of -way for Montvale Road, S.W.; thence, northeasterly along the northern edge of the right -of -way for Montvale Road, S.W., to a point where it intersects with Spring Road, S.W.; thence, to a point where Weaver Road, S.W. intersects with the southern edge of the right -of -way for Montvale Road, S.W.; thence, along the southern edge of the right -of -way for Montvale Road, S.W., to a point where it intersects with Barham Road, S.W.; thence, in a northerly direction to the northern edge of the right -of -way for Montvale Road, S.W. where it intersects with Barham Road, S.W.; thence, northeasterly along the L:\ATTORNEY\DATA \LMCarini \Voting Precincts\Precinct Realignment 2013 Revisions - Draft 10.20.14.docz 28 Draft Date: 10/20/2014 First Amended Plan A northern edge of the right -of -way for Montvale Road, S.W., if extended on the same course to a point where it would intersect with the western boundary of Shrine Hill Park; thence, southeasterly along the western boundary of Shrine Hill Park extended to Brambleton Avenue, S.W.; thence, northeasterly along Brambleton Avenue, S.W., to Murray Run Creek; thence, southerly along the centerline of Murray Run Creek to Colonial Avenue, S.W. and the point of beginning. Sec. 10-40. Same — Pollin Place. lace. The polling place in Voter Precinct No. 12, Grandin Court Precinct, shall be at the Grandin Court Elementary School, located at 2815 Spessard Road, S.W. Sec. 10 -41. Voter Precinct No. 13, Lee -Hi Precinct — Boundaries. The boundaries of Voter Precinct No. 13, Lee -Hi Precinct, are as follows: Beginning at the intersection of the Roanoke River and Mud Lick Creek; thence, southerly along the centerline of Mud Lick Creek to the city corporation line; thence, in a clockwise direction (southerly, westerly, and northerly) along the city corporation line to the Roanoke River; thence, easterly along the centerline of the Roanoke River to the thread of Mud Lick Creek and the point of beginning. Sec. 10 -42. Same — Polling Place. lace. The polling place in Voter Precinct No. 13, Lee -Hi Precinct, shall be at the Windsor Hills United Methodist Church, located at 3591 Windsor Avenue, S.W. Sec. 10 -43. Voting Precinct No. 14, Shenandoah Precinct — Boundaries. The boundaries of Voter Precinct No. 14, Shenandoah Precinct, are as follows: Beginning at the intersection of 24th Street, N.W. and Melrose Avenue, N.W.; thence, southerly along 24th Street, N.W., to Shaffers Crossing; thence, southerly to the centerline of the Norfolk Southern Railway (formerly Norfolk and Western) right -of -way; thence, westerly along the centerline of the Norfolk Southern Railway right -of -way to a point at the Norfolk Southern Railway right -of -way at which the course of Bridge Street, S.W. would intersect the right -of -way if Bridge Street, S.W. were extended northerly to the Norfolk Southern Railway right -of- way on the same course as the end of Bridge Street, S.W.; thence, southerly on the line described in the previous course to Bridge Street, S.W.; thence, southerly along Bridge Street, S.W., to the Roanoke River; thence, westerly along the centerline of the Roanoke River to the city corporation line; thence, northerly along the city corporation line to Shenandoah Avenue, N.W.; thence, easterly along Shenandoah Avenue, N.W., to Peters Creek Road, N.W.; thence, northerly along Peters Creek Road, N.W., to Melrose Avenue, N.W.; thence, easterly along Melrose Avenue, N.W., to 24th Street, N.W. and the point of beginning. L:\ATTORNEY\DATA \LMCarini \Voting Prmincts\Precinct Realignment 2013 Revisions - Dmft 10.20.14.docx 29 Draft Date: 10/20/2014 First Amended Plan A Sec. 10 -44. Same — Polling Place. The polling place in Voter Precinct No. 14, Shenandoah Precinct, shall be at the Fairview Elementary School, located at 648 Westwood Boulevard, N.W. Sec. 10 -45. Voter Precinct No. 15, Melrose Precinct — Boundaries. The boundaries of Voter Precinct No. 15, Melrose Precinct, are as follows: Beginning at the intersection of Interstate 581 and Orange Avenue, N.W.; thence, southerly along the centerline of Interstate 581 to the Norfolk Southern Railway (formerly Norfolk and Western) right -of -way; thence, westerly along the centerline of the Norfolk Southern Railway right -of -way to Shaffers Crossing; thence, northerly along the centerline of Shaffers Crossing to 241h Street, N.W.; thence, northerly along the centerline of 24`h Street, N.W. to Melrose Avenue, N.W.; thence, easterly along the centerline of Melrose Avenue, N.W., to the Salem Turnpike, N.W.; thence, northeasterly along the centerline of the Salem Turnpike, N.W., to Orange Avenue, N.W.; thence, easterly along the centerline of Orange Avenue, N.W., to Interstate 581 and the point of beginning. Sec. 10 -46. Same — Polling Place. lace. The polling place for Voter Precinct No. 15, Melrose Precinct, shall be at the Saint Gerard Catholic Church, located at 809 Orange Avenue, N.W. Sec. 10 -47. Voter Precinct No. 16, Westside Precinct — Boundaries. The boundaries of Voter Precinct No. 16, Westside Precinct, are as follows: Beginning at the intersection of 19th Street, N.W. and Carroll Avenue, N.W.; thence, southerly along the centerline of 19th Street, N.W., to Orange Avenue, N.W.; thence, westerly along the centerline of Orange Avenue, N.W., to the Salem Turnpike, N.W.; thence, southwesterly along the centerline of Salem Turnpike, N.W., to Melrose Avenue, N.W.; thence, westerly along the centerline of Melrose Avenue, N.W., to Peters Creek Road, N.W.; thence, northerly along the centerline of Peters Creek Road, N.W., to Hershberger Road, N.W.; thence, easterly along the centerline of Hershberger Road, N.W., to Cove Road, N.W.; thence, southeasterly along the centerline of Cove Road, N.W., to Andrews Road, N.W.; thence, easterly along the centerline of Andrews Road, N.W., to a point where Andrews Road, N.W. intersects with the northwest comer of Kennedy Park; thence, in a southerly direction along the western boundary of Kennedy Park to 2151 Street, N.W.; thence, in a southerly direction along the centerline of 2151 Street, N.W., to Carroll Avenue, N.W.; thence, in an easterly direction along the centerline of Carroll Avenue, N.W., to 19th Street, N.W. and the point of beginning. L:\ATTORNEY\DATA \LMCarini \Voting PrminctsTminct Realignment 2013 Revisions - DMR 10.20.14.docx 30 Draft Date: 10/20/2014 First Amended Plan A Sec. 10-48. Same — Polling Place. lace. The polling place in Voter Precinct No. 16, Westside Precinct, shall be at the Westside Elementary School, located at 1441 Westside Boulevard, N.W. Sec. 10 -49. Voter Precinct No. 17, Peters Creek Precinct — Boundaries. The boundaries of Voter Precinct No. 17, Peters Creek Precinct, are as follows: Beginning at a point on the city corporation line just northwest of the intersection of Peters Creek Road, N.W. and Green Ridge Road, N.W.; thence, proceeding to the intersection of Peters Creek Road, N.W. and Green Ridge Road, N.W., and continuing southerly on Peters Creek Road, N.W., to Shenandoah Avenue, N.W.; thence, westerly on Shenandoah Avenue, N.W., to the city corporation line; thence, in a clockwise direction (westerly and northerly) along the city corporation line to the point of beginning. Sec. 10 -50. Same — Polling Place. lace. The polling place in Voter Precinct No. 17, Peters Creek Precinct, shall be at the Westminster Presbyterian Church, located at 2216 Peters Creek Road, N.W. See. 10 -51. Voter Precinct No. 18, Fleming Precinct — Boundaries. The boundaries of Voter Precinct No. 18, Fleming Precinct, are as follows: Beginning at a point at the intersection of the northern city corporation line and Interstate 581; thence, southerly along the centerline of Interstate 581 to Hershberger Road, N.W.; thence, westerly along the centerline of Hershberger Road, N.W., to Peters Creek Road, N.W.; thence, northerly along the centerline of Peters Creek Road, N.W., to its intersection with Cove Road, N.W. and continuing northwesterly to a point on the city corporation line; thence, in a clockwise direction (north easterly) along the city corporation line to Interstate 581 and the point of beginning. Sec. 10 -52. Same — Polling Place. The polling place in Voter Precinct No. 18, Fleming Precinct, shall be at the Ruffner Operations Center, located at 3601 Femcliff Avenue, N.W. Sec. 10 -53. Voter Precinct No. 19, Valley View Precinct — Boundaries. The boundaries of Voter Precinct No. 19, Valley View Precinct, are as follows: Beginning at a point at the intersection of the city corporation line with Oliver Road, N.E. if Oliver Road, N.E. were extended on its existing course to the city corporation line; thence, southerly along this extended course and Oliver Road, N.E., to Wentworth Avenue, N.E.; thence, westerly along the centerline of Wentworth Avenue, N.E., to Williamson Road, N.W.; thence, southerly along the L:\ ATTORNEY\ DATA \LMCarini \Voting PminctsTminct Realignmmt 2013 Revisions - Draft 10.20.14.docx 31 Draft Date: 10/20/2014 First Amended Plan A centerline of Williamson Road, N.W., to Oakland Boulevard, N.W.; thence, southwesterly along the centerline of Oakland Boulevard, N.E., to a point where Interstate 581 would intersect Oakland Boulevard, N.E., as extended from Pleasant View Avenue, N.E.; thence, northerly along the centerline of Interstate 581 to a point at the intersection of the northern city corporation line and Interstate 581; thence, in a clockwise direction (northerly and southerly) along the city corporation line to the point of beginning. Sec. 10 -54. Same — Polling Place. lace. The polling place in Voter Precinct No. 19, Valley View Precinct, shall be at the Veterans of Foreign Wars — Post #1264, located at 4930 Grandview Avenue, N.W. Sec. 10 -55. Voter Precinct No. 20. Evans Shrine Precinct — Boundaries. The boundaries of Voter Precinct No. 20, Evans Spring Precinct, are as follows: Beginning at the intersection of Interstate 581 and Liberty Road, N.W.; thence, southwesterly along the centerline of Liberty Road, N.W., to where it becomes Burrell Street, N.W.; thence, southerly along the centerline of Burrell Street, N.W., to Orange Avenue, N.W.; thence, west along the centerline of Orange Avenue, N.W., to 19th Street, N.W.; thence, northerly along the centerline of 19th Street, N.W., to the intersection with Carroll Avenue, N.W.; thence, in a westerly direction along the centerline of Carroll Avenue, N.W., to 21" Street, N.W.; thence, in a northerly direction along the centerline of 21s' Street, N.W., to the southwest corner of Kennedy Park; thence, in a northerly direction along the western boundary of Kennedy Park to Andrews Road, N.W.; thence, westerly along the centerline of Andrews Road, N.W., to Cove Road, N.W.; thence, northwesterly along the centerline of Cove Road, N.W., to Hershberger Road, N.W.; thence, easterly along the centerline of Hershberger Road, N.W., to Interstate 581; thence, southerly along the centerline of Interstate 581 to the point of beginning. Sec. 10 -56. Same — Polling Place. lace. The polling place in Voter Precinct No. 20, Evans Spring Precinct, shall be at the Roanoke Academy of Math and Science, located at 1122 19th Street, N.W. Sec. 10 -57. Voter Precinct Man. The city has filed Engineering Plan #6754 with the Registrar, the City Clerk, and the city engineer, which engineering plan details the Voter Precincts created and described in this Chapter. Reference should be made to the Voter Precinct Map set forth in Engineering Plan #6754 to further clarify any boundary of any Voter Precinct created in this chapter. L:\ATTORNEY\DATA \LMCarini \Voting Pnxincts\Precinct Realignment 2013 Revisions - Draft 10.20.14.docz 32 2014. Draft Date: 10/20/2014 First Amended Plan A Sec. 10 -58 through 10 -80. Reserved. 2. This Ordinance shall be in full force and effect on and after December 31, Pursuant to Section 12 of the Roanoke City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. L:\ATTORNEY\DATA \LMCarini \Voting PminctsTminct Realignment 2013 Revisions - Draft 10.20.14.docx 33 STEPHANIE M. MOON REYNOLDS, MMC City Clerk Christopher P. Morrill City Manager Roanoke, Virginia Dear Mr. Morrill: CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerkn..roanokeva.gov November 21. 2014 JONATHAN E. CRAFT, CIVIC Deputy City Clerk CECELIA T. WEBB, CMC Assistant City Clerk A public hearing was conducted by the Council of the City of Roanoke on Monday, November 17, 2014, to consider amending and reordaining Section 24 -97, Possession or consumption of alcoholic beverages of Article IV, Parks. of Chapter 24, Public Buildings and Property Generally, of the Code of the City of Roanoke (1979), as amended. On motion, duly seconded, adoption of the Ordinance was defeated. Sincerely, Stephanie M. Moon Reynolds; MMC City Clerk Enclosure pc: Daniel J. Callaghan, City Attorney Drew Harmon, Municipal Auditor Barbara A. Dameron, Director of Finance Sherman M. Stovall, Assistant City Manager for Operations R. Brian Townsend, Assistant City Manager for Community Development Steve Buschor, Director of Parks and Recreation #tr IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA AN ORDINANCE amending and reordaining Section 24 -97, Possession or consumption of alcoholic beverages, of Article IV, Parks, of Chapter 24, Public Buildings and Property Generally, of the Code of the City of Roanoke (1979), as amended; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 24 -97, Possession or consumption of alcoholic beverages, of Article IV, Parks, of Chapter 24, Public Buildings and Property Generally, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Sec. 24 -97. Possession or consumption of alcoholic beverages. (a) If any person, in or upon the grounds of any city park, shall take a drink of any alcoholic beverage or have in his possession any alcoholic beverage or any beverage in any container labeled as an alcoholic beverage, he shall be guilty of a Class 4 misdemeanor. As used in this section, the tern "alcoholic beverage" shall have the meaning set forth in section 4.1 -100, Code of Virginia (1950), as amended. (b) Subsection (a) of this section notwithstanding, the city manager is hereby authorized to allow alcoholic beverages to be consumed on the premises of Elmwood Park, Century Square at Church Avenue, S.E., across from Fire Station No. 1 ( "Century Square "), Mill Mountain Park (including the Discovery Center and any shelters at Mill Mountain Park), Mountain View (including Mountain View Recreation Center), Wells FargoWaehevia Plaza at Market Street, S.E., adjacent to the Market Square Walkway ( "Wells FargoWeehovi -a Plaza "), Reserve Avenue Park, SunTrust Plaza, and Preston Park (including Preston Park Recreation Center), Fallon Park (including Fallon Park Shelter, but not including Fallon Park School, which includes the buildings and the adjacent property used and maintained by Roanoke City Public Schools, and Fallon Park Pool), Smith Park (including Smith Park Shelter), Highland Park (not including the enclosed area designated as Highland Dog Park within Highland Park), Piedmont Park, Wasena Park designated as Official Tax Map No. 1222301 (including Wasena Brick Shelter and Wasena Stone Shelter), and Washington Park (including Washington Park Lower Shelter and Washington Park Upper Shelter, but not including Washington Park Pool), hereinafter collectively referred to as the "designated park facilities," under the following conditions: (1) Any applicant seeking to serve or permit the consumption of alcoholic beverages in the designated park facilities shall apply to the city manager for an alcohol permit, allowing the possession, consumption, distribution or sale of alcoholic beverages within the designated park facilities. If the alcohol permit is issued by the city manager, the applicant shall also obtain all appropriate permits and licenses from the state department of alcoholic beverage control ( "ABC Board "). The issuance of the city's alcohol permit shall be conditioned upon the issuance of a permit or license by the ABC Board on the same terms and conditions as the city's alcohol permit. A copy of the ABC permit shall be filed with the city manager at least three (3) business days before the first day of the event which is the subject of the city's alcohol permit; (2) Only eetien 501(c) nonprofit organizations «A.,.- Title-, 2A of the United States Code may ply f . the ,.it.'s ,.1,,,hol permit for G'lm ,00d Pai4. Century Square, Mill ne....,t„i., n,,.a, (not including the Dise yer, lx ache Plaza, d Preston Park Any pose, tit. 1 for the �r- ncrivdi-6�-- �a�.n� -aizv Preston eity's aleehol permit for Mountain View, the Diseavefy Avenue Park, and SunTfust Plaza� Center, (32) The applicant shall comply in all respects with all applicable rules, regulations, terms and conditions of the ABC Board, or any permit or license issued by the ABC Board; (43) The city manager shall designate, in writing, the time and place where alcoholic beverages may be possessed, consumed, distributed or sold within the designated park facilities; (34) No city alcohol permit shall be issued which shall allow the possession or consumption of alcoholic beverages after 12:00 a.m. (midnight), or the distribution or sale of alcoholic beverages forty -five (45) minutes prior to the required cessation of the event for which the permit is issued; (4) Any applicant which is a section- 501(e) nanprefit efganization unde Title 7(, of the United St.,teq !'.,.le .,.hieh applies for a eit. aleehal peffflit shall produce, at the time of application, wrzitten evidence satisfactory to the eity manager, of its status as a section 501(c) nonprofit or-ganizatien .,.ler Title ?6 of the United States Code• (75) No glass containers shall be used to consume alcoholic beverages within the boundaries of the designated park facilities; (86) Each applicant shall obtain insurance of a type and for an amount acceptable to the office of risk management for the city. The issuance of the city's alcohol permit shall be conditioned upon the applicant providing 2 a copy of a certificate of insurance, evidencing appropriate and acceptable insurance, at the time of application; (97) Each application shall be accompanied by a refundable deposit established by the city manager, and published in the city's fee compendium. The refundable deposit shall be for any clean -up necessitated by the applicant's use of the designated park facilities. The determination of whether any clean -up is necessitated by the applicant's use of either of the designated park facilities, and the cost of that clean -up, shall be within the city manager's sole and absolute discretion. The amount of any refund shall be determined within five (5) business days after the last day of an event which is the subject of a city alcohol permit, and any refund, or notice of no refund, shall be made as soon as reasonably possible after the five (5) business day period. In the event that the cost of the clean -up exceeds the amount of the refundable deposit, the applicant shall be responsible for the difference; (1-98) The fee for an alcohol permit to allow alcoholic beverages to be consumed on the premises of the designated park facilities, pursuant to this section, shall be established by the city manager, and published in the city's fee compendium; and (149) The city manager is authorized to make such other rules and regulations not inconsistent with the Code for the City of Roanoke (1979), as amended, or the Code of Virginia (1950), as amended, as may be necessary to govern the use of the premises where alcoholic beverages may be possessed, consumed, distributed or sold. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk 3 CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011.1595 Daniel J. Callaghan TELEPHONE 540. 853 -2431 City Attorney FAX 540. 853.1221 EMAIL: cityatryCa7roanokec�.goc November 17, 2014 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Report on Proposed Amendments to Section 24 -97, Code of the City of Roanoke (1979), as amended Dear Mayor Bowers and Members of Council: Timothy R. Spencer Steven J. Talevi David L. Collins Heather P. Ferguson Laura M. Carini Assistant City Attorneys BACKGROUND Presently, Section 24 -97 of the City Code provides that at certain designated parks within the City persons may apply for a permit to allow the possession, consumption, distribution, or sale of alcoholic beverages within such designated park facilities. The designated park facilities are Elmwood Park, Century Square at Church Avenue, S.E., Mill Mountain Park (including the Discovery Center), Mountain View, Wachovia Plaza at Market Street, S.E., Reserve Avenue Park, SunTrust Plaza, and Preston Park. City Code also limits application for permits to nonprofit organizations under Title 26 of the Internal Revenue Code with respect to Elmwood Park, Century Square, Mill Mountain Park (not including the Discovery Center), Wachovia Plaza, and Preston Park. Other designated park facilities are not subject to this restriction. City Code also specifies several requirements that an applicant must satisfy in order to receive a permit from the City Manager. These requirements include compliance with all requirements of the State Department of Alcohol Beverage Control (ABC), receiving a permit from ABC, designating of the hours of operation and place within the designated park facility where the permit will be used, and providing the necessary insurance coverages as required by the City's Risk Manager. Council Member Bestpitch recently requested Council to consider amendments to Section 24 -97 to increase the number of designated park facilities within the City at which an alcohol permit may be issued. The specific parks that would be added are Fallon Park, Smith Park, Highland Park, Piedmont Park, Wasena Park, and Washington Park. Council Member Bestpitch also requested certain areas within these parks be expressly excluded. These areas include Fallon Park School (buildings and adjacent property used and maintained by RCPS, Fallon Park Pool, Washington Park Pool, and Highland Dog Park. In addition, Council Member Bestpitch proposed to remove the provision of Section 24 -97 that limits permits to nonprofit organizations with regard to certain designated park facilities. Although not required under State Code, Council Member Bestpitch requested Council to authorize a public hearing on this proposed amendment for November 17, 2014, at 7:00 p.m., at Council Chamber. In addition, Council Member Bestpitch requested Council to authorize the publication of notice of the public hearing in the Virginia Section of The Roanoke Times on Monday, November 10, 2014. Council authorized the public hearing and publication on November 3, 2014. The publication of notice appeared as scheduled in The Roanoke Times. A copy of the proposed ordinance has been available for inspection by the public since November 10, 2014. DISCUSSION Attached to this Report is a proposed ordinance that implements the request of Council Member Bestpitch. The proposed ordinance also clarifies whether certain areas within some of the current designated park facilities are included in the areas at which a person may apply for an alcohol permit. RECOMMENDED ACTION Receive public comment on the proposed amendments to Section 24 -97 and determine whether to adopt the proposed ordinance. Please let me know if you have any questions. Sincerely yours, Daniel J llagha City Attorney DJC /lsc Enclosure c: Council Appointed Officers (w /encl.) R. Brian Townsend, Assistant City Manager for Community Development (w /encl.) Sherman Stovall, Assistant City Manager for Operations (w. /encl.) Steve Buschor, Director of Parks and Rec (w /encl.) Steve Talevi, Assistant City Attorney (w /encl.) I---. The Roanoke Times Account Number Roanoke,Virginia 6024225 Affidavit of Publication Date CITY OF ROANOKE November 21,2014 Attn R.Brian Townsend 215 CHURCH AVENUE ROANOKE,VA 24011 Date Category Description Ad Size Total Cost 11/22/2014 Any-Virginia ROA Public Hearing-Mon November 17 (98052-Display) 2 x 8.50 IN 1,033.89 Publisher of the Roanoke Times NOTICE OF PUBLIC HEARING COUNCIL OF THE CITY OF ROANOKE TO CITIZENS OF THE COY OF ROANOKE,VIRGINIA I, (the undersigned)an authorized representative of the ftnanavan Roanoke Times,a daily newspaper published in Roanoke, in the "M o- q n ;p State of Virginia,do certify that the annexed notice Public Hearing .p....b -Mon Nove was published in said newspapers on the following dates: 11/10/2014 •ewe u~ ,.rn. "nvary�. nonv nes Ann an* nananny Pan The First insertion being given ... 11/10/2014 9.D.mom_ nand . " dawn®a.w..VVan Wan Newspaper reference: 0000098052 awn nin,,,� Sworn to and subscribed before me this Friday,November 21,2014 nanannvonnan ann.n 456. OW Annan 2.nannal Wynn Fonvdmantanyounnentvonwn N. Put is :illingRepre tative �1 i\cENHFi . ti• State of Virginia Q NOSAaY �9 City/County of Roanoke Pug IC 4 t * S My Commission expires A a = tr.: p, G.#33296 -k MY cow!. S10N 1 Z. *fr • 4J THIS.I OT A,i tu.F.. PLEASE PAY FROM INVOICE. THANK YOU �} �NN/ p, \-\ 15.17 i I: 1,� l i 3 . ;a:_ •,III '0 NOTICE OF PUBLIC HEARING COUNCIL OF THE CITY OF ROANOKE TO CITIZENS OF THE CITY OF ROANOKE, VIRGINIA NOTICE IS HEREBY GIVEN that the Council of the City of Roanoke will hold a public hearing on Monday, November 17, 2014, at 7:00 p.m., or as soon thereafter as the matter may be reached, at Council Chamber, 4`h Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to receive public comment on the adoption of a proposed ordinance to amend Section 24 -97, Code of the City of Roanoke (1979), as amended, to expand the number of park facilities within the City of Roanoke at which the city manager may issue permits to allow the consumption of alcoholic beverages. The proposed amendments to Section 24 -97 would also eliminate the limitation on the types of organization that may request a permit from the city manager for certain designated parks. Presently, Section 24 -97 authorizes the city manager to grant permits to allow the consumption of alcoholic beverages on the premises of the following park facilities; Elmwood Park Century Square at Church Avenue, S.E. across from Fire Station No. 1 (Century Square) Mill Mountain Park (including the Discovery Center) Mountain View Wachovia Plaza at Market Street, S.E., adjacent to the Market Square Walkway (Wachovia Plaza) Reserve Avenue Park SunTrust Plaza Preston Park Section 24 -97 also provides that only 501(c) non -profit organizations under Title 26 of the United States Code may apply for permits at Elmwood Park, Century Square, Mill Mountain Park (not including the Discovery Center), Wachovia Plaza, and Preston Park. The proposed ordinance will amend Section 24 -97 to allow the city manager to grant permits at the following additional park facilities: Fallon Park (including Fallon Park Shelter, but not including Fallon Park School, including the buildings and the adjacent property used and maintained by Roanoke City Public Schools, and Fallon Park Pool) Smith Park (including Smith Park Shelter) Highland Park (not including the enclosed area designated Highland Dog Park within Highland Park) Piedmont Park Wasena Park designated as Official Tax Map No. 1222301 (including Wasena Brick Shelter and Wasena Stone Shelter) Washington Park (including Washington Park Lower Shelter and Washington Park Upper Shelter, but not including Washington Park Pool). The proposed amendment also redesignates the name of Wachovia Plaza to Wells Fargo Plaza. The proposed amendment also clarifies that the Mountain View Recreation Center is included within Mountain View, the shelters at Mill Mountain Park are included within Mill Mountain Park, and Preston Park Recreation Center is included within Preston Park, as areas which the city manager may issue a permit for the consumption of alcoholic beverages. The proposed amendment also eliminates the limitation that, at certain designated park facilities, only nonprofit organizations may apply for a permit. The full text of the proposed ordinance to amend Section 24 -97 is on file with the Office of the City Clerk, 4`h Floor, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. For further information on the matter, you may contact the Office of the City Clerk at (540)853 -2541. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853 -2541, before 12:00 noon on Thursday, November 13, 2014. Given under my hand this 5thday of November, 2014. Stephanie M. Moon Reynolds, City Clerk Note to Publisher: Please publish once as a block advertisement in the Virginia Section of the Roanoke Times, on Monday, November 10, 2014. Please send bill to: R. Brian Townsend, Assistant City Manager For Community Development 215 Church Avenue, S.W., Room 364 Roanoke, Virginia, 24011 Please send affidavit of publication to: Stephanie M. Moon Reynolds, City Clerk 4 °i Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 456 Roanoke, Virginia, 24011 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, MMC E -mail clerk@,roanokeva.gov City Clerk November 21. 2014 Richard Rife, Agent Rife + Wood Architects 1326 Grandin Road, S. W. Roanoke, Virginia 24015 Dear Mr. Rife: JONATHAN E. CRAFT, CMC Deputy City Clerk CECELIA T. W EBB, CMC Assistant City Clerk I am enclosing copy of Ordinance No. 40111 - 111714 amending the Institutional Planned Unit Development Plan, as is pertains to the parcel bearing Official Tax Map No. 1121401, as set forth in the Zoning Amendment Amended Application No. 1, dated October 17, 2014. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 17, 2014; and is in full force and effect upon its passage. Sincerely, W—s.yy\- Stephanie M. Moon Re ds, MC City Clerk Enclosure pc: Johns C. Antsey, Antsey Holdings, LLC, 2616 Longview Avenue, S. W., Roanoke, Virginia 24014 Judy S. Kale, 809 Winona Avenue, S. W., Roanoke, Virginia 24015 Charles T. Cole, P. O. Box 8219, Roanoke, Virginia 24014 Charles Gadpaille, 1000 Oak Spring Road, Clifton Forge, Virginia 24422 Norfolk Southern Railroad, Attention: Bill Title, 110 Franklin Road, S. E., Roanoke, Virginia 24011 The Honorable Brenda S. Hamilton, Clerk of Circuit Court Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of November, 2014. No. 40111- 111714. 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 amend the Planned Unit Development Plan, as it pertains 802 Wiley Drive, S.W., bearing Official Tax Map No. 1121401; and dispensing with the second reading of this Ordinance by title. WHEREAS, Anstey Holdings, LLC, has made application to the Council of the City of Roanoke, Virginia ( "City Council "), to amend the proffered uses as set forth in the Planned Unit Development Plan to permit use of the property for general or professional offices; mixed -use building; community market; bakery, confectionary or similar food production, retail; retail sales establishment, not otherwise listed; community center; meeting hall; eating establishment; eating and drinking establishment, not abutting a residential district; eating and drinking establishment, abutting a residential district; recreation, outdoor; artist studio; health and fitness center; and accessory uses, not otherwise listed; instead of a retail sales establishment, previously permitted by Ordinance No. 39577- 012213, adopted by City Council on January 22, 2013, and associated site development, as the Planned Unit Development Plan pertains to the parcel bearing Official Tax Map No. 1121401; 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 November 17, 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 amendment of the Planned Unit Development Plan, (or the property described as Official Tax Map No. 1121401; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Counci I 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 amendment of the Planned Unit Development Plan, as it pertains to the parcel bearing Official Tax Map No. 1121401, as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect the amendment of the Planned Unit Development Plan, as is pertains to the parcel bearing Official Tax Map No. 1121401, as set forth in the Zoning Amendment Amended Application No. 1, dated October 17, 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: City Clerk. �� , CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 17, 2014 Subject: Application by Anstey Holdings, LLC, to amend the Planned Unit Development Plan as it pertains to property located at 802 Wiley Drive, S.W., bearing Official Tax No. 1 121401 . Recommendation The Planning Commission held a public hearing on Tuesday, November 17, 2014. By a vote of 5 - 0 the Commission recommended approval of the rezoning request, finding Amended Application No. 1 by Anstey Holdings, LLC, is consistent with the City's Comprehensive Plan, Wasena Neighborhood Plan, and Zoning Ordinance as the subject property that has been vacant for decades will be put back into service in a manner that is appropriate to the neighborhood context. Application Information Request: Amendment of Planned Unit Development Plan Owner: Anstey Holdings, LLC Authorized Agent: Richard Rife, Rife + Wood Architects City Staff Person: Katharine Gray, Land Use and Urban Design Planner Site Address /Location: 802 Wiley Drive SW Official Tax No.: 1121401 Site Area: Approxi matel 1.079 acres Existing Zoning: MXPUD, Mixed Use Planned Unit Development District Proposed Zoning: MXPUD, Mixed Use Planned Unit Development District Existing Land Use: Retail Sales Establishment Proposed Land Use: general or professional offices; mixed -use building; community market; bakery, confectionary or similar food production, retail; retail sales establishment, not otherwise listed; community center; meeting hall; eating establishment; eating and drinking establishment, not abutting a residential district; eating and drinking establishment, abutting a residential district; recreation, outdoor; artist studio; health and fitness center; and accessory uses, not otherwise listed Neighborhood Plan: Wasena Neighborhood Plan Specified Future Land Park Use: Filing Date: Original Application: Sept 20, 2014 Amended Application No.]: Oct 21, 2014 Background This property contains a 3,975 building that was built in 1978 and formerly housed the Virginia Museum of Transportation. The building has been vacant since 1985. The property was rezoned from ROS to MXPUD in early 2013 by a contract purchaser with the anticipation of relocating a retail sales establishment there. However, the contract was not finalized and the property remained vacant. In September 2014, representatives from Anstey Holdings, LLC and Rife + Wood met with staff from the City of Roanoke to discuss amending the PUD development plan to include an expanded list of uses for 802 Wiley Drive SW. The expanded list of proposed uses is not currently permitted in the development plan for the property. In September 2014, Anstey Holdings, LLC filed an application to amend the PUD development plan for the property at tax map number 1121401 located at 802 Wiley Drive SW. The application included a PUD development plan reflecting the applicant's proposed development changes to the site. In October 2014, Anstey Holdings, LLC filed Amended Application No 1. The application included the new ownership information for the property and the PUD development plan more clearly listed uses in correlation with the zoning ordinance. Planned Unit Development Plan As a MXPUD, the development plan attached to this amendment is binding for future development. Use regulations and development standards are listed directly on the development plan. Considerations The subject property served as a museum from time of construction in 1978 till 1985 when a major flood event flooded the property. The museum moved to downtown Roanoke and the building has been vacant since. The City has sought to use the property as a means of furthering the development in the Wasena neighborhood for the past several years. The proposed development will enable the reuse of the existing building in a manner that more fully expands the neighborhood commercial center to the greenway along the Roanoke River in a manner that maintains the character of the neighborhood. 2 Surrounding Zoning and Land Use: Compliance with the Zoning Ordinance: The purposes of the MXPUD District are to encourage the orderly development of mixed residential /commercial sites and to encourage innovative development patterns that create a desirable environment, particularly for lots which contain a number of constraints to conventional development. These regulations are designed to achieve the following objectives: (1) Promote efficient use of land and infrastructure through high quality urban design; (2) Promote a development pattern in harmony with existing development and the objectives of the City's Comprehensive Plan; (3) Permit a compatible mix of commercial and residential uses; (4) Provide safe, efficient access and traffic circulation; (5) Create opportunities to use new technologies in managing the quality and quantity of stormwater; and (6) Encourage the preservation of steep slopes, floodplains, historic structures and areas, and unique, natural, or geological formations. The property is located within the 100 year floodplain and any development on the parcel will be subject to Floodplain Overlay District standards. Conformity with the Comprehensive Plan and Neighborhood Plan: Both Vision 2001 -2020 and the Wasena Neighborhood Plan recognize the need for the redevelopment of vacant or underused sites in a manner that reinforces the physical and social fabric of the existing neighborhood. This site at the juncture of the park, greenway, and river has been vacant for multiple decades within a redeveloping section of the neighborhood. The proposed uses will continue the redevelopment of this core area of the neighborhood. 3 Zonin-q District Land Use North ROS, Recreation and Open Space District Park South MXPUD, Mixed Use Planned Unit Development District and UF, Urban Flex District Railroad and Commercial East ROS, Recreation and Open Space District Park West MXPUD, Mixed Use Planned Unit Development District and ROS, Recreation and Open Space District Railroad and Vacant Compliance with the Zoning Ordinance: The purposes of the MXPUD District are to encourage the orderly development of mixed residential /commercial sites and to encourage innovative development patterns that create a desirable environment, particularly for lots which contain a number of constraints to conventional development. These regulations are designed to achieve the following objectives: (1) Promote efficient use of land and infrastructure through high quality urban design; (2) Promote a development pattern in harmony with existing development and the objectives of the City's Comprehensive Plan; (3) Permit a compatible mix of commercial and residential uses; (4) Provide safe, efficient access and traffic circulation; (5) Create opportunities to use new technologies in managing the quality and quantity of stormwater; and (6) Encourage the preservation of steep slopes, floodplains, historic structures and areas, and unique, natural, or geological formations. The property is located within the 100 year floodplain and any development on the parcel will be subject to Floodplain Overlay District standards. Conformity with the Comprehensive Plan and Neighborhood Plan: Both Vision 2001 -2020 and the Wasena Neighborhood Plan recognize the need for the redevelopment of vacant or underused sites in a manner that reinforces the physical and social fabric of the existing neighborhood. This site at the juncture of the park, greenway, and river has been vacant for multiple decades within a redeveloping section of the neighborhood. The proposed uses will continue the redevelopment of this core area of the neighborhood. 3 Relevant Vision 2001 -2020 Policies: • ED P6. Commercial Development. Roanoke will encourage commercial development in appropriate areas of Roanoke to serve the needs of citizens and visitors. • NH P3. Neighborhood Plans, The City will adopt neighborhood plans for all neighborhoods. Neighborhood plans will address land use, zoning, transportation, infrastructure, neighborhood services, and the development of village centers and recognize those neighborhoods with architectural and historic value, among other issues. (excerpt) Relevant Wasena Neighborhood Plan Policies: Although the parcel is not specifically addressed in the neighborhood plan, the overall goals of the neighborhood plan are addressed by the redevelopment of this parcel: expanding the variety of uses to include more community - building commercial development and particularly targeting development of properties in the village center and along the Roanoke River in a manner that maintains the character of the neighborhood. Public Comment Summary None. Planning Commission Work Session (September 19. 2014): None. 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 John Anstey, Anstey Holdings, LLC Richard Rife, Rife + Wood Architects 0 >�artment of Per ft &Oft and Devdnamert /DING 014 ROA N O K E Room 188, Mel C. TayW Mur l*W Butting OKE 216 Chumh Avww, S.W. PLANNDEVELOPMENT Roanoke, Virginia 24011 W Here ID Prtd Phone: (540) 853 -1730 Fax (540) 853.1230 /� Data: Cfo ber /7, o1p /f/ Subrnial Number. AMe � C�tC?' rl l i Ca i"i on sx` 0 RBZonft. Not OftrwSe ogled 0 Rezoning, CondSonal 0 Remnkg tD Planned Unk Development 0 EsraeMerrent of Conpahen" So Overby DkM Addnow $02 V+(ilua f)r►vc Official Tax "s).: LI I 0 Amendment of Plvfiered Conditions Cff Amendment of Planned Unit Devskipmerd Plan 0 Amandnot of Comprehensive Sign Overlay District RECEIVED CITY OF E)dslftBMZD"4 .� owf,.PGDIKMdHS ( fmftlemm,peamanualyenbral iolklo.) I MUD 0WfulCnido Ordnance No(s). forExWg Coadfiona (Nappiceble): 3°15'!? -012 Z 13 N1)CPUD 0wwwDtcand000s Proposed M►xed llse �� we Number I 59/o -& - Mat ; 2h20 anS{e Name: krvri WOIJ , LU .66n L• Ana# Phone Number 5.40 -5% 44,60 Address: 'dolls Len3,�e.a Avemme,5W, C,.6, NIA 1-4014 E -Mai: jol+v�a,»steff+edye"� AppApnl's,%riora: AUMMKkad Agog Name: Rtse +Wcoiik";ter�5 MwneNumber. F 14-4- &015 Address: �j2(o �lttPal�iv� AoeVL, �.oane{rG,Vf� P0115 EMS: rvl�arlLt �oed.cea, owlr"' mPt'6esufim_Odfio tiilp.P n9:,,,. IR Completed application form and checkist. R Written narrative explaining the reason for the request. VR Metes and bounds description, It applicable. (R Filing fee. - F da�gnl not eru�a' lie" the•fogo�gtmyat also be�subm�y 7, Concept plan meeting the Application Requirements of Item '2(c)' in Zoning Amendment Procedures. for' cos ndt�ont�'rsson ng; _ etollow(gpimueta „ Etted: - WA r Written proffers. See the Citys Guide to Proffered Conditions. ty(A — Concept plan meeting the Application Requirements of hem'2(cy in Zoning Amendment Procedures. Please label as development plan' K proffered. N%A r Development plan rneeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance. r.,aicaf�pn an.__as overlay. 1Ti®°foaWgMUitjau m dj WA A r Comprehensive signage plan meeting the requirements of Section 36.2- 336(dK2) of the City's Zoning Ordinance. r an>Afnert . M ,prothnd mlloo bona; Ifovr�ng _mtiett�also"�stlbmltted: Amended development or concept plan meeting the Application Requirements of item'2(c)' in Zoning Amendment Procedures: Kf'A r 'd applicable. F- Written proffers to be amended. See the City's Guide to Proffered Conditions. r Copy of previously adopted Ordinance. txlnad`u�divelopmarttan ment,lTie fie(lowhrg moat al�lbedmiQed: N(A r Amended development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance, MIA I— Copy of previously adopted Ordinance. ar a'c _ enplva , (gn . vii ey u ii dd d.he._ ;Qbnp mu *o be adbNtedt .. N(A r Amended comprehensive signage plan meeting the requirements of Section 36.2.336(d) of the City's Zoning Ordinance. NIA r Copy of previously adopted Ordinance. Pfeil ropo et reqult>9s'a, pact study be aubmllited taw Cityr,lhe fdlouaig must altto be . bmftte tJ1A r A Traffic Impact Study in compliance with Appendix B-2(e) of the City's Zoning Ordinance For a ptn oas ptt skis s tteflle - anelyala l>e sp rani "to T; foie fullo iig mtret�ao be"�tirni$edi MIA r Cover sheet. �W._.. r Traffic impact analysis, i Concept plan. (— Proffered conditions, if applicable. (— Required fee. 'An electronic copy of this application and checklist can be found at www.roawkeva.gov /pbd by selecting 'Planning Commission' under 'Boards and Commissions'. A complete packet must be submitted each time an application is amended, unless otherwise specified by staff. Wasena Station 802 Wiley Drive -Tax No. 1121401 Rezoning Application September 30, 2014 RECEIVED SEP S 0 2014 CRY OF ROANOKE PLANNING BUILDING a DEVELOPMENT Anstey Holdings, LLC, of Roanoke, represented by Mr. John C. Anstey, is the contract purchaser of 802 Wiley Drive, SW. This property is more popularly known as the former Transportation Museum. City Council rezoned the property in early 2013 from ROS to MXPUD with the expectation that Mr. Wesley Best, owner of East Coasters Bicycle Shop in Roanoke, would relocate his business into the building. A threefold increase in flood insurance rates in 2103 caused Mr. Best to withdraw his offer to purchase the property. The building was built in the late 1970's to resemble a railroad freight station. It falls within a National Register historic district, but is listed as a non - contributing structure. It is not within any local historic district and has been vacant since the flood of 1985. The building has two floor levels, a 100 -year flood is projected to be about 3'-4" above the upper floor level. Mr. Anstey has experience in adapting abandoned buildings for new uses. His advertising agency, Anstey Hodge Advertising Group, is located in the former Howard's Car Care building at 120 Commonwealth Avenue, NE, near The Hotel Roanoke. He will self - insure the building against flood damage. It is Mr. Anstey's intent to return the building to its original appearance as much as practicable. Between the flood damage and subsequent vandalization, the building needs major work. The building will require new doors, windows, HVAC system, plumbing, new electrical service and distribution, new lighting, data, and phone systems, interior finishes and painting. The building will also be made compliant with current ADA standards. Exterior improvements include repair and reworking of the exterior decks, painting, exterior lighting, landscaping, and signage. Mr. Anstey's plans for improving the site are almost identical to those Mr. Best submitted to the Planning Commission in 2012. The attached PUD Development Plan dated September 30, 2014 illustrates many of the anticipated improvements. A new off -street parking area will be developed with allowances for the future addition of more parking spaces. Mr. Anstey is obligated by the sales contract to utilize the concepts of Low - Impact Development in the construction of the stormwater management system. Comprehensive Site Plans prepared by Caldwell White Associates have been submitted to the City's Building Department for review. The previous Concept Plan listed "Bike Shop" and "Restaurant" as the anticipated uses. Since announcing his intent to renovate the building, Mr. Anstey has received inquiries from several potential lessees attracted to the building's charm and its location adjacent to the greenway. He has a commitment from an outdoor outfitter to take one half of the building and anticipates leasing the other side to a food service business. Mr. Anstey seeks as part of this rezoning to open up the current list of allowable uses in consideration of the long term financial viability of the property. He has reviewed all of the allowable uses in MXPUD and developed a smaller list of uses that are compatible with the surrounding neighborhood while also complementing the public's investment in constructing the greenway. The Development Plan lists the following allowable uses: • General or Professional Offices • Mixed -Use Building • Community Market • Bakery, Confectionary or Similar Food Production, Retail • Retail Sales Establishment, Not Otherwise Listed • Community Center • Meeting Hall • Ealing Establishment • Eating and Drinking Establishment • Recreation, Outdoor • Artist Studio • Health and Fitness Center • Accessory Uses, Not otherwise Listed in the MXPUD Table Mr. Anstey met with James Settle, president of the Wasena Neighborhood Forum, and other members on August 8, 2014. He received their full support of the project. Please see enclosed letter, dated August 11, from James Settle providing the Wasena Neighborhood Forum's support of the project. Mr. Anstey respectfully requests that the Planning Commission act favorably on his request. an Wasena Neighborhood Forum 540 819 -7446 vsasenainfotci? yahoo cc-- John Anstey Anstey Hodge Advertising Group 120 Commonwealth Avenue, NE Roanoke, VA 24016 August 11 2014 Dear John, Thank you for meeting last Frill..,; wit` me and otter members of the Wasena Neighborhood Forum to discuss your proposal for the o d Tr nsporll ,: + °_ eum building in Wasena Park. We think that your ideas for potential tenants, including a resV:uras t or tra r ns room ;nd outdoor outfitter, would be compatible with other uses in the e: ;hbo hood : +f -, would enhance the entire neighborhood, park and greenway corrido . Thank you for your efforts to invest in our neighborhood and ; look forward :o la `n you as our guest speaker at our general membership meeting on Octo;:er 2 . narnesSe E7 President Wasena Neighborhood Forum 540 819 -7446 wasenainfor.aDyahoo.com A7: �€ 3 ss q iFi a g 30� AE psi M a i 3 €2 i44 a � F'15j � K � e i \ a� 6 66 .... e - 4 q 5 i v'. fi�,1i�q Bf �a�wn o a Ee S iJ z � K � e i \ a� 6 66 .... e - l� L IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd day of January, 2013. No. 39577 - 012213. AN ORDINANCE to amend § 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain property within the City, and dispensing with the second reading of this ordinance by title. WHEREAS, 5311 Holdings, LLC, has made application to the Council of the City of Roanoke, Virginia ("City Council "), to have the property located at 802 Wiley Drive, S.W., bearing Official Tax No. 1121401, rezoned fiom Recreation and Open Space District (ROS) to Mixed Use Planned Unit Development District (MXPUD); WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on January 22, 2013, after due and timely notice thereof as required by §36.2- 540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed 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 No. 1121401, located at 902 Wiley Drive, S.W., be and is hereby rezoned from Recreation and Open Space District (ROS) to Mixed Use Planned Unit Development District (MXPUD), as set forth in the Zoning Amended Application No. I dated December 13, 2012. 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: IV -ry v'V City Clerk. w CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: January 22, 2012 Subject: 5311 Holdings, LLC, to rezone a portion of the property located at 802 Wiley Drive, S.W., bearing Official Tax No. 1121401, from Recreation and Open Space District (ROS) to Mixed Use Planned Unit Development District ( MXPUD). The land use categories permitted in the MXPUD District include residential; accommodations and group living; commercial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory, with a maximum density of one dwelling unit per 1,800 square feet of lot area. The comprehensive plan designates the property for park use. The proposed uses of the property are a retail sales establishment and eating and drinking establishment. Planning Commission Public Hearing and Recommendation: The Planning Commission held a public hearing on Thursday, December 20, 2012. By a vote of 7 -0, the Commission recommended approval of the rezoning request, finding the Amended Application No. 1, dated December 13, 2012, to be consistent with the City's Comprehensive Plan, Wasena Neighborhood Plan, and Zoning Ordinance as a property that has been vacant for decades will be put back into service in a manner that is appropriate to the neighborhood context. Application Information Request: Rezoning Owner: City of Roanoke Applicant: 5311 Holdings, LLC Authorized Agent: Rife + Wood Architects, Richard Rife City Staff Person: Katharine Gray, Land Use and Urban Design Planner Site Address) Location: 802 Wiley Drive SW Official Tax Nos.: Portion of 1121401 Site Area: Approximately 1.079 acres ROS, Recreation and Open Space District Existing Zoning: Proposed Zoning: MXPUD, Mixed Use Planned Unit Development District Existing Land Use: ROS and Vacant Proposed Land Use: Neighborhood Plan: Specified Future Land Use: Filing Dates: Background Retail Sales Establishment and Eating and Drinking Establishment Wasena Neighborhood Plan Park Original Application. Oct 31, 2012 Amended Application No. 1: Dec 13, 2012 This property contains a 3,975 building that was built in 1978 and formerly housed the Virginia Museum of Transportation. The building has been vacant since 1985. In October 2012, representatives from 5311 Holdings and Rife + Wood met with staff from the City of Roanoke to discuss a proposed retail sales and eating and drinking establishment on a portion of park property that contained the vacant building at 802 Wiley Drive SW. The proposed use is not permitted in the current ROS district. In October 2012, 5311 Holdings filed an application to rezone a portion of tax map number 1121401 located at 802 Wiley Drive SW. The application Included a plan reflecting the applicant's proposed development changes to the site. In December 2012, 5311 Holdings filed Amended Application No 1. The application included a development plan that fully addressed Planning Commissioners comments. Conditions Proffered by the Applicant As an MXPUD, the development plan attached to this amendment is binding for future development. Development guidelines are listed directly on the development plan. Considerations Surrounding zoning and Land Use: Zonin q District Land Use North ROS, Recreation and Open Space District Park South Norfolk Southern Rail Railroad Park East ROS, Recreation and Open Space District West 1 Norfolk Southern Rail Railroad Compliance with the Zoning Ordinance: The property is located within the 100 year floodplain and any development on the parcel will be subject to Floodpiain Overlay District standards. Conformity with the Cornorghensive Plan and Neighborhood Plan: Both Vision 2001 -2020 and the Wasena Neighborhood Plan recognize the need for the redevelopment of vacant or underused sites In a manner that reinforces the physical and social fabric of the existing neighborhood. The site has been vacant for multiple decades within a redeveloping section of the neighborhood. The proposed retail sales establishment and eating and drinking establishment will continue the redevelopment of a core area of the neighborhood. Relevant Vision 2001 -2020 Policies: ED P6. Commercial Development. Roanoke will encourage commercial development in appropriate areas of Roanoke to serve the needs of citizens and visitors. NH P3. Neighborhood Plans. The City will adopt neighborhood plans for all neighborhoods. Neighborhood plans will address land use, toning, transportation, infrastructure, neighborhood services, and the development of village centers and recognize those neighborhoods with architectural and historic value, among other issues. (excerpt) Relevant Wasena Neighborhood Plan Policies: Although the parcel is not specifically addressed in the neighborhood plan, the overall goals of the neighborhood plan are addressed by the redevelopment of this parcel: expanding the variety of uses for commercial development and particularly targeting development of properties in the village center and along the Roanoke River in a manner that maintains the character of the neighborhood. Outside Agency Comments: None. City Department Comments: None. Public Comments: None. The Planning Commission discussed the application at their December 7, 2012 work session. They were concerned about quantity of parking and the lack of separation between parking and the Greenway and requested large deciduous trees be shown on the plan. Planning Commission Public Hearing Discussion: None. Lora Katz, Chair City Planning Commission cc: Chris Morrill, City Manager R. Brian Townsend, Assistant City Manager Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Mr. Wesley Best, 5311 Holdings, LLC Richard Rife, Rife + Woods Architects 4 Zoning Amendment Appricat -ion RECEIVED Departrnenf of Planlllp, Bw1ding and Development Room 166, Noel C, Taylor Municipal BAing 215 Church Avenue, S.W. Roanoke, Virginia 24011 Phone: (540)!53.1730 fax (540)653 -1230 Date:, 1 S; ZO 12 ❑ Rezoning. Not Olrervrise Listed —4 DEC 19 zw ROANOKE cm Di RDANDKE PLANN NG aULDM AND DEVELOPMENT SubmdtalNumber. Amterrla l Appl)&L4s4 AIP4 © Rezonl%ComMmai ® Rezoning lo Panned Unit Devefopment ❑ aMbeaMrent of Comprehensive Spn Overlay Disldct Address Wile Drrua r!; Winast A�eriue Offrdal Tax Nn(s).: I P&Va6n .T T x Kc. i t t 1401 ❑ Amendment of Proffered Conditions ❑ AmandmeM of Planned Und Development Plan ❑ Amendment of Comprehensive Sign Overlay Disldct Existing Base wrilanng: ❑4YilrCondlions {ff rrxrllple nines, please menualy enter all drstricls.} ��5 ®Wilted f3Orldfpong Orntnanoe No(s). for Usling conditions (if appticabie): N JA I Requested ZonMg: I a rap � Pwposed Land Use- Name: cl:1 di J Phone Number: 853 Z'SS3 Address: Raew+544, 7e ter Bu. ,it5[�urvfnpM,e, E -Mail: ckvia, Yawwkrtta PmP ty OWners f A- Name' 15311 Ho(At'"s,LU ( Ar. Wos!e,.1 Prone Number: x'14 • '(33 Address: 551 Isw+owl K06AI Y Pole EMatl: wsstllefteeesteYS.ee » r AppYirant's Neese (HarA (Zi�G . "+i�ttlr.�erl Aros.t�edts� Phone Number 3AA•!,p 15 add 13Z1c Gram:, RaaKe(r� VA tool$ E -Mall: rAmvA 0 YR. mwl.revh AuNoraed Agent's Sugnature;" - "►L(Jf11,L DATE: October 30, 2012 TO: Ms. Rebecca Cockram, Planning Coordin FROM; Christopher P. Morrill, City Manager Consent for 802 Wile The City of Roanoke (City) has entered into an Agreement for the Purchase and Sale of Real Property (Agreement), dated September 18, 2012, with 5311 Holdings, LLC (Purchaser), a Virginia Limited Liability Company, for an approximate 1.079 -Acre portion of the lot or parcel of land with Improvements thereon, known as 802 Wiley Drive, S.W. (fax Map No. 1121401). This Agreement was authorized by City Council's adoption of Ordinance 39512- 091712. Pursuant to Section 36.2.540(b) of the Zoning Ordinance of the City of Roanoke, this memo represents the City's consent for Purchaser to apply for an amendment to the Official Zoning Map, as a contract purchaser, of the approximately 1.079 Acre portion of City of Roanoke Tax Map No. 1121401. A copy of the Agreement is attached to this memo for your Information. Please contact Marc Nelson, Special Projects Coordinator, in the Department of Economic Development, at 853 -2717, if you have any questions regarding this matter. Distribution, R. Brian Townsend, Assistant City Manager for Community Development Chris Chlttum, Planning Administrator Katherine Gray, City Planner Marc B. Nelson, Special Projects Coordinator OFFKEOF THE CITY MAHRCER "WC Tryly Mskjdambs Pff, 71, CW&Ad SW xa 'W op Rs.arn vUFil. 14011 ROANOKE DATE: October 30, 2012 TO: Ms. Rebecca Cockram, Planning Coordin FROM; Christopher P. Morrill, City Manager Consent for 802 Wile The City of Roanoke (City) has entered into an Agreement for the Purchase and Sale of Real Property (Agreement), dated September 18, 2012, with 5311 Holdings, LLC (Purchaser), a Virginia Limited Liability Company, for an approximate 1.079 -Acre portion of the lot or parcel of land with Improvements thereon, known as 802 Wiley Drive, S.W. (fax Map No. 1121401). This Agreement was authorized by City Council's adoption of Ordinance 39512- 091712. Pursuant to Section 36.2.540(b) of the Zoning Ordinance of the City of Roanoke, this memo represents the City's consent for Purchaser to apply for an amendment to the Official Zoning Map, as a contract purchaser, of the approximately 1.079 Acre portion of City of Roanoke Tax Map No. 1121401. A copy of the Agreement is attached to this memo for your Information. Please contact Marc Nelson, Special Projects Coordinator, in the Department of Economic Development, at 853 -2717, if you have any questions regarding this matter. Distribution, R. Brian Townsend, Assistant City Manager for Community Development Chris Chlttum, Planning Administrator Katherine Gray, City Planner Marc B. Nelson, Special Projects Coordinator Zoning Amendment ROANOKE PC CompWed application form and dwollst. R Ween rsrretive ezplainft Ilia mason for the request. V Mesa and bxeda descdplbn, 9 applIcable. K/A r Compehatabealgltttge plat made the Iequlretrtads of SseWn 382.338(d)M of M Gigs ZO*9 Ordttamx. Nl fk r- A d&eva WMM or concept pim mmtrg tre Ap*dDn rte #romans of hem 7(c)' in Zoning Amendment Pmcedusa, I I— Wdtlan porters to be amended. Seethe Cqs Ouide to ft#& d Conditions. WI E Copy of pwft* adopted Ordranoa. Hrk r— Amended development plan meeW g the requ'remerds or Seddon 362.326 of Itas Cayes zordrtp Ordinance. 141A [' Copy of preMWY adopted Ordinance. N/A r— Amended coinprefdo steep plop mebkg the requirements of section 38.2 - 336(4) of the City's Zoning Otd mane. jvN C Copy of Movicusly adopted Comuae. r A Trait Impact Study in compliance with Appendix &2(e) of the 0" Zoning Omdlnance. rI /k r Cover sheet. r" Trallic impect wl*Bk. r ConoMA plan. r Waned condltlons, Iapplicable. r Required fee. 'An elan h* copy of ft application and clreddd can be food at waw.roamlmva,yodpbd by sekcdm "amning c°mmwW under 'Roads and Commissions'. A complete packet must W submitkd vacit time an application is amended, unless oMw*ise sped8ed by staff. Eat coasters Bike Shop Rezoning Application October30,2012 5311 Holdings, LLC, of Roanoke, represented by I& Wesley Best, seeks to rezone the former Transportation Museum in Wasena Park from its current ROS zoning to WIXPUD. Mr. Best, owner of East Coasters Bicycle Shop in Roanoke, seeks to relocate his business into the building. He approached the City's Economic Development Department some months ago aid expressed his interest in acquiring the building mud some surrounding property. The City issued a Request for Proposals for the property and City Council subsequently voted to sell the property to Mr. Best_ He now has a contract to purchase the building and approximately 1.079 acres of property from the City, contingent on the property being rezoned from the current ROS to NMUD. no property has no tax number at this time as it would be a newly created lot from the current tax no. 1121401. The building was built in the late 1970's to resemble a railroad freight station. It falls within a National Register historic district, but is listed as a non- contributing strucpme. It is not within any local historic district and has been vacant since the flood of 1985. The building has two floor levels. a 100 -year flood is projected to be about three feet above the upper floor level. It is Mr. Best's intent to return the building to its original appearance as much as practicable. Between the flood damage and subsequent vandal nation, the building needs major work The building will require now doors, windows, H'VAC system, plumbing, new electrical service and distribution, new lighting, data, and fire alarm systems, interior finishes and painting. The building will also be made compliant with current ADA standard& Exterior improvements include repair and reworking of the exterior decks, painting, exterior lighting, landscaping, and signage. A new off - street parking area will be developed as shown on the attached Concept Plan. The Concept Plan shows stormweter management being handled by a shallow detention basin — this may change to permeable pavers or some other system once the detailed civil engineering commences. b&. Best is obligated by the sales contract to utilize the concepts of Low- Impact Development in the construction of the stormwater management system. Commercial uses are not permitted in the current ROS zoning so East Coasters (or any other business) could not operate in this location under the current zoning. After meeting with Planning Staff, it was determined that NMUD would be the ptefened district for this location and this use. Much of the surrounding area, including The River House, was recently rezoned to UNPUD, so there is ample precedent for this zoning in the neighborhood. Mr. Best lived in the W asene neighborhood for many years sod has a great affection for the ama. He met with the Watma Neighborhood Forum in hate 2011 to tell then of his intentions and ask for their endorsement Tla group was very supportive of his plan to renovate the long- vacent building and felt his business would be a nice addition to their neighborhood. The bike shop has only 5-6 employees at its peak hours and a similar number of customers at a given time. While Mr. Best does not expect vehicular traffic to increase measurably in the neighborhood, he is counting on an increase in bicycle traffic. The business will place no unreasonable burden on utility services in the arts. Mr. Best feels the location of his business adjacent to the greenway will benefit both his business mod the public. He plans to offs bicycle rentals and anticipates some of these customers will become purchasers of new bicycles. The availability of a bike shop on the greenway to support bicyclists is a convenient amenity for the public and Mr. Best's investment in the property will complement the public's investment in building the greenway. Approximately 600 sf of the building will be left unfinished in the initial phase of oonst ruction. It will be reserved for the development of a future restaurant operation. In the longer term, Mr. Best hopes to work with Parks & Recreation to develop a mountain biking test loop on adjacent park land and to host various bicycling - related events and festivals. The attached Concept Phan illustrates many of the anticipated improvements. The Plan shows the approximate extent of the land to be conveyed; final metes and bounds will be prepared by the City's Engineering Department prior to the final sale of the property to Mr. Best. Mr. Best respectfully requests that the Planning Commission act favorably on his request. r i Ad)oining Property Owners for $02 Wiley Drive, SW 1222301 CITY OF ROANOKE (WASENA PARK) 1119 WASENA AVE SW ROANOKE VA 24015 1221705 CITY OF ROANOKE (WASENA PARK) 215 CHURCH AVE SW ROANOKE VA 24015 1130901,1121301 CITY OF ROANOKE WASENA PARK 215 CHURCH AVE SW ROANOKE VA 00000 1121306,1130114 COLE CHARLES T PO box 6219 ROANOKE VA 24014 1130106 ORANGE LEE ANN 8M WINONA AVE SW ROANOKE VA 24015 I GL W 1 HO MA ; Wn7enA rAtC,1G !lINNN M � V 7C-A�r / 1 J w. r r 60s Wu n r L . �� [Y1A4 r11Y rorrAIrTftMWW. 19Y.Vw�»41i�1� even �v QMO� � ws 4 Wasena Station 802 Wiley Drive - Tax No. 1121401 Rezoning Application September 30, 2014 RECEIVED SEP 3 01014 CITY OF ROANOKE PLANNING BUILDING A DEVELOPMENT Anstey Holdings, LLC, of Roanoke, represented by Mr. John C. Anstey, is the contract purchaser of 802 Wiley Drive, SW. This property is more popularly known as the former Transportation Museum. City Council rezoned the property in early 2013 from ROS to MXPUD with the expectation that Mr. Wesley Best, owner of East Coasters Bicycle Shop in Roanoke, would relocate his business into the building. A threefold increase in flood insurance rates in 2103 caused Mr. Best to withdraw his offer to purchase the property. The building was built in the late 1970's to resemble a railroad freight station. It falls within a National Register historic district, but is listed as a non - contributing structure. It is not within any local historic district and has been vacant since the flood of 1985. The building has two floor levels; a 100 -year flood is projected to be about 3'-4" above the upper floor level. Mr. Anstey has experience in adapting abandoned buildings for new uses. His advertising agency, Anstey Hodge Advertising Group, is located in the former Howard's Car Care building at 120 Commonwealth Avenue, NE, near The Hotel Roanoke. He will self- insure the building against flood damage. It is Mr. Anstey's intent to return the building to its original appearance as much as practicable. Between the flood damage and subsequent vandalization, the building needs major work. The building will require new doors, windows, HVAC system, plumbing, new electrical service and distribution, new lighting, data, and phone systems, interior finishes and painting. The building will also be made compliant with current ADA standards. Exterior improvements include repair and reworking of the exterior decks, painting, exterior lighting, landscaping, and signage. Mr. Anstey's plans for improving the site are almost identical to those Mr. Best submitted to the Planning Commission in 2012. The attached PUD Development Plan dated September 30, 2014 illustrates many of the anticipated improvements. A new off - street parking area will be developed with allowances for the future addition of more parking spaces. Mr. Anstey is obligated by the sales contract to utilize the concepts of Low - Impact Development in the construction of the stormwater management system. Comprehensive Site Plans prepared by Caldwell White Associates have been submitted to the City's Building Department for review. The previous Concept Plan listed "Bike Shop" and "Restaurant" as the anticipated uses. Since announcing his intent to renovate the building, Mr. Anstey has received inquiries from several potential lessees attracted to the building's charm and its location adjacent to the greenway. He has a commitment from an outdoor outfitter to take one half of the building and anticipates leasing the other side to a food service business. Mr. Ansley seeks as part of this rezoning to open up the current list of allowable uses in consideration of the long term financial viability of the property. He has reviewed all of the allowable uses in MXPUD and developed a smaller list of uses that are compatible with the surrounding neighborhood while also complementing the public's investment in constructing the greenway. The Development Plan lists the following allowable uses: • General or Professional Offices • Mixed -Use Building • Community Market • Bakery, Confectionary or Similar Food Production, Retail • Retail Sales Establishment, Not Otherwise Listed • Community Center • Meeting Hall • Eating Establishment • Eating and Drinking Establishment • Recreation, Outdoor • Artist Studio • Health and Fitness Center • Accessory Uses, Not otherwise Listed in the MXPUD Table Mr. Ansley met with James Settle, president of the Wasena Neighborhood Forum, and other members on August 8, 2014. He received their full support of the project. Please see enclosed letter, dated August 11, from James Settle providing the Wasena Neighborhood Forum's support of the project. Mr. Ansley respectfully requests that the Planning Commission act favorably on his request. •.. .9: 'A II. iii ICI 540 819 -7446 wasenai nfp ftahoo.com John Anstey Anstey Hodge Advertising Group 120 Commonwealth Avenue, NE Roanoke, VA 24016 August 11, 2014 Dear John, Thank you for meeting last Friday with me and other members of the Wasena Neighborhood Forum to discuss your proposal for the old Transportation Museum building in Wasena Park. We think that your ideas for potential tenants, including a restaurant or tasting room and outdoor outfitter, would be compatible with other uses in the neighborhood and would enhance the entire neighborhood, park and greenway corridor. Thank you for your efforts to invest in our neighborhood and I look forward to having you as our guest speaker at our general membership meeting on October 2n°. Sincerely. James Settle President Wasena Neighborhood Forum 540 819 -7446 wasenainfo@yahoo.com iF E a = o 3 Y Ei E at « E F 4?H03 s i } 14i12 4 ' Y I 0l04 i x .... G s t . .• I �} - � J i tl u i a W b32 \ .t^ ..,µti. tim � ,art w yy =: E r � J�Sa M �/' / ` u Pi Y1 +A IWO* asYYiaaa YY V. rs IRIM er X "t Drive, S.W. I qx rs IRIM l� lL IN THE COUNCIL OF THE CITY OF ROANOKE, VIROINIA The 22nd day of January, 2013. No. 39577- 012213. AN ORDINANCE to amend § 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain property within the City, and dispensing with the second reading of this ordinance by tifle. WHEREAS, 5311 Holdings, LLC, has made application to the Council of the City of Roanoke, Virginia ("City Council'), to have the property located at 802 Wiley Drive, S.W., bearing Official Tax No. 1121401, rezoned From Recreation and Open Space District (ROS) to Muted Use Plarmed Unit Development District (MXPUD); WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, and alter conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on January 22, 2013, after due and timely notice thereof as required by §36.2- 540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed 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 No. 1121401, located at 802 Wiley Drive, S.W., be and is hereby rezoned from Recreation and Open Space District (ROS) to Mixed Use Planned Unit Development District (MXPUD), as set forth in the Zoning Amended Application No. 1 dated December 13, 2012. 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: c, ,yam^' City Clerk. w CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: January 22, 2012 Subject: 5311 Holdings, LLC, to rezone a portion of the property located at 802 Wiley Drive, S.W., bearing Official Tax No. 1121401, from Recreation and Open Space District (ROS) to Mixed Use Planned Unit Development District ( MXPUD). The land use categories permitted in the MXPUD District include residential; accommodations and group living; commercial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory, with a maximum density of one dwelling unit per 1,800 square feet of lot area. The comprehensive plan designates the property for park use. The proposed uses of the property are a retail sales establishment and eating and drinking establishment. Planning Commission Public Hearing and Recommendation: The Planning Commission held a public hearing on Thursday, December 20, 2012. By a vote of 7 -0, the Commission recommended approval of the rezoning request, finding the Amended Application No. 1, dated December 13, 2012, to be consistent with the City's Comprehensive Plan, Wasena Neighborhood Plan, and Zoning Ordinance as a property that has been vacant for decades will be put back into service in a manner that is appropriate to the neighborhood context. Application Information Request: Rezoning Owner: City of Roanoke Applicant: 5311 Holdings, LLC Authorized Agent: Rife + Wood Architects, Richard Rife City Staff Person: Katharine Gray, Land Use and Urban Design Planner Site Address] Location: 802 Wiley Drive SW Official Tax Nos.: Portion of 1121401 Site Area: Approximately 1.079 acres ROS, Recreation and Open Space District Existing Zoning: Proposed Zoning: MXPUD, Mixed Use Planned Unit Development District ROS and Vacant Existing Land Use: Proposed Land Use: Neighborhood Plan: Specified Future Land Use: Filing Dates: Background Retail Sales Establishment and Eating and Drinking Establishment Wasena Neighborhood Plan Park _ Original Application: Oct 31, 2012 Amended Application No.l: Dec 13, 2012 This property contains a 3,975 building that was built in 1978 and formerly housed the Virginia Museum of Transportation. The building has been vacant since 1985. In October 2012, representatives from 5311 Holdings and Rife + Wood met with staff from the City of Roanoke to discuss a proposed retail sales and eating and drinking establishment on a portion of park property that contained the vacant building at 802 Wiley Drive SW. The proposed use is not permitted in the current ROS district. In October 2012, 5311 Holdings filed an application to rezone a portion of tax map number 1121401 located at 802 Wiley Drive SW. The application included a plan reflecting the applicant's proposed development changes to the site. In December 2012, 5311 Holdings filed Amended Application No 1. The application included a development plan that fully addressed Planning Commissioners comments. Conditions Proffered by the Applicant As an MXPUD, the development plan attached to this amendment is binding for future development. Development guidelines are listed directly on the development plan. Considerations Surrounding Zoning and Land Use: ZontI2 District Land Use North ROS, Recreation and Open Space District Park South Norfolk Southern Rail Railroad Park fast ROS, Recreation and Open Space District West 1 Norfolk Southern Rail Railroad Compliance with thg Zoning Ordinance: The property is located within the 100 year foodplain and any development on the parcel will be subject to Floodplain Overlay District standards. Conformity with the Comprehensive Plan and Neighborhood Plan: Both Vision 2001 -2020 and the Wasena Neighborhood Plan recognize the need for the redevelopment of vacant or underused sites In a manner that reinforces the physical and social fabric of the existing neighborhood. The site has been vacant for multiple decades within a redeveloping section of the neighborhood. The proposed retail sales establishment and eating and drinking establishment will continue the redevelopment of a core area of the neighborhood. Relevant Vision 2001 -2020 Policies: ED P6. Commercial Development. Roanoke will encourage commercial development in appropriate areas of Roanoke to serve the needs of citizens and visitors. NHP3. Neighborhood Plans. The City will adopt neighborhood plans for all neighborhoods. Neighborhood plans will address land use, zoning, transportation, infrastructure, neighborhood services, and the development of village centers and recognize those neighborhoods with architectural and historic value, among other issues. (excerpt) Relevant Wasena Neighborhood Plan Policies: Although the parcel is not specifically addressed in the neighborhood plan, the overall goals of the neighborhood plan are addressed by the redevelopment of this parcel: expanding the variety of uses for commercial development and particularly targeting development of properties in the village center and along the Roanoke River in a manner that maintains the character of the neighborhood. Outside Aaengy Cornrm-ents: None. City Department Comments: None. Public Comments: None. Plannina Commission Work Session: The Planning Commission discussed the application at their December 7, 2012 work session. They were concerned about quantity of parking and the lack of separation between parking and the Greenway and requested large deciduous trees be shown on the plan. Planning Commission Public Hearing Als_cussion: None. Lora Katz, Chair City Planning Commission cc: Chris Morrill, City Manager R. Brian Townsend, Assistant City Manager Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Mr. Wesley Best, 5311 Holdings, LLC Richard Rife, Rife + Woods Architects 4 Zoning Amendment Mwo-vo A© .. 1'1 RECEIVED Departmeni of PWm i g, Bwldkv and Developmed DEC 19 2012 ROA N O K E Rope 166, Noel C. Taylor Municipal Building 215 Chuoh Avenue, S.W. Crry of ROANOKE Roanoke, ftnia 24011 PLANNING BUILDING AND oEVELOMEnr Phone: (510) 853.1730 Fax: (540) 853.1230 SuM WI Number. q�,enAu1 Q1.pGa (s4 A4.1 '�''.. "�f'f['. i[ �•;d 11A��'�'i�T. ?1191 ' ILL. 0, r: ❑ Rezoning, Congonal ® Rezoning to Planned Unt Development ❑ Eslab&9tnneN of Canpmhenshre Sign Overlay Dlsirka Address: I Wiley IM4 4 IAlineat. OMM Tax No(s).: I fer4mn •'l' T&X Ka. 1121401 ❑ Amendmerd of Proffered Conditions ❑ Amendment of Planned Unk Development Plan ❑ Amendment of Comprehensive Sign Overlay Oislrkt E)d*m Base Zoning: ❑ IWilh Cadimns Of mrdlipls moss, Please manually sole all dfsMets.) RD'S ®Wllhpd Condiions Ordnnoe Nola). for Existing Conditlam (If applicable): Iy�A Requested Zoning: iV1i: pli D Pwpoaed Land Use- g' ck Sh. «d 9gw6.ti tt Nara C± Address: Rein %4, Properly Owners Sign New 311 Not Address 551(�Cel Mr. 115L wwh Ave, Phone Number, rs% Z3i3 E- Alen: �S,r1e.y„x ' ro.wkevw Prone Nwnber. 1 '114. 9 33 E-Mad: rrs34<eaffaeASfirs.carh ApproWs SfgnibiL/ LOF Name i A 9 Pl e. b k A Eirt', ,*.,is Phone Number. 3q s} • 1, p 15 VA 2401'5 Auff aced Agents EA1alt riCiwr��Yi�em.a�.revn OFFR:EOF TFIE CITY MAHIICER Nal c. TMQIarr.18.W ft"MV46%2311 Rdw.,61 Rortla YIryYl, 11011 ROANOKE DATE: October 30, 2012 TO: Ms. Rebecca Cockram, Planning Coordinaatto j FROM: Christopher P. Morrill, City Manager 1 J SUBJECT: Rezoning Consent for 802 Wiley Drive, S.W. The City of Roanoke (City) has entered Into an Agreement for the Purchase and Sale of Real Property (Agreement), dated September 18, 2012, with 5311 Holdings, LLC (Purchaser), a Virginia Limited Liability Company, for an approximate 1.079 -Acre portion of the lot or parcel of land with improvements thereon, known as 802 Wiley Drive, S.W. (Tax Map No. 1121401). This Agreement was authorized by City Council's adoption of Ordinance 39512- 091712. Pursuant to Section 36.2- 540(b) of the Zoning Ordinance of the City of Roanoke, this memo represents the City's consent for Purchaser to apply for an amendment to the Official Zoning Map, as a contract purchaser, of the approximately 1.079 Acre portion of City of Roanoke Tax Map No. 1121401. A copy of the Agreement is attached to this memo for your Information. Please contact Marc Nelson, Special Projects Coordinator, In the Department of Economic Development, at 853 -2717, If you have any questions regarding this matter. Distribution: R. Brian Townsend, Assistant City Manager for Community Development Chris Chittum, Planning Administrator Katherine Gray, City Planner Marc B. Nelson, Special Projects Coordinator Zoning Amendment Mist YR'd(i'u'Igg:arM'ijs�licuoit., ROANOKE pC C rt;MedapphomMon farm and the kL 6C written naralve esplainvg the reason for tia request. K Metes and bounds descrlptbn, if applcable. KJA r Comptatw*m slpnepe plan meettrg the of Sedbn 362.336(d)(2) of the Crays Zoning Ordhance. Nlf k W 12(c)' in Zoning Amendment Procedures. M appicade. r Wdbn pm(lers to be amended. See the Cilys Guide to Proffered Gbmtddim. G Copy of l adopted OndYta m r Amended demabpnenl flan meeting the requirements of Section 362.326 of the Ciy's Zonhp Ordhanw. NIA (- Copy of pray may adopted advance N/A r Amended amnPm stmage plan► meavg the requirements of Section 36.2- 336(d) d the Cttys Zoning Ordinance. N/k r Copy of premimtdy adapted Ordnwm r A TMft Imped Shdy in eomptferice wih Appsnd'sc B•2(e) d the Cfiye Zwft Odlnance. flk r Cover sheet. T— Traffic vnpect analysis. r- r Proftred caidlfons, I applicable. r Regtlred tee. 'An "trork copy of ft appkatim and d eddist can be found at www.toandmva pobd by Wed rig "NnN Commission' ender Boards and Commiss'o . A complete padrat must be w MtMd each gme an appWon a artanded, unless otherwise specied by staff. East Coasters Bike Shop Rezoning Application October 30, 2012 5311 Holdings, LLC, of Roanoke, represented by Mr. Wesley Best, seeks to rezone the former Transportation Museum in Wasena Park from its current ROS zoning to NMUD. Mr. Best, owner of East Coasters Bicycle Shop in Roanoke, seeks to relocate his business into the building. He approached the City's Economic Development Department some months ago and expressed his interest in acquiring the building end some surrounding property. The City issued a Request for Proposals for the property and City Council subsequently voted to sell the property to Mr. Best. He now has a contract to purchase the building and approximately 1.079 acres of property from the City, contingent on the property being rezoned from the current ROS to NMUD. The property has no tax number at this time as it would be a newly created lot from the current tax no. 1121401. The building was built in the late 1970's to resemble a railroad freight station It falls within a National Register historic district, but is listed as a inn- contributing struchm It is not within any local historic district and has been vacant since the flood of 1985. The building has two floor levels, a 100 -year flood is projected to be about three feet above the upper floor level. It is Mr. Best's intent to return the building to its original appearance as much as practicable. Between the flood damage and subsequent vandalizetion, the building needs major work. The building will require new door;, windows, HVAC system, plumbing, new electrical service and distribution, new lighting, data, and fire alarm systems, interior finishes and painting. The building will also be made compliant with current ADA standards. Exterior improvements include repair and reworking of the exterior decks, painting, exterior lighting, landscaping, and signage. A new off - street parking area will be developed as shown on the ached Concept Plan. The Concept Plan shows stormwater management being handled by a shallow detention basin — this may change to permeable pavers or some other system once the detailed civil engineering commences. Mr. Best is obligated by the sales contract to utilize the concepts of Low - Impact Development in the construction of the stormwatet management system. Commercial uses are not permitted in the current ROS zoning so East Coasters (or any other business) could not operate in this location tinder the current zoning. After meeting with Planning Staff, it was determined that NMUD would be the preferred district for this location and this use. Much of the surrounding area, including The River House, was recently rezoned to MXPUD, so then is ample precedent for this zoning in the neighborhood I& Best lived in the W aseua neighborhood for many years and has a great affection for the area. He met with the Wasena Neighborhood Form in late 2011 to tell them of his intentions and ask for their endorsement. The group was very supportive of his plan to renovate the long- vacant building and felt his business would be a nice addition to their neighborhood. The bike shop has only 5-6 employees at its peak hour; and a similar number of customers at a given time. While Mr. Best does not expect vehicular traffic to increase measurably in the neighborhood, he is counting on an increase in bicycle traffic. The business will place no unreasonable burden on utility services in the area. Mr. Best feels the location of his business adjacent to the greemvay will benefit both his business and the public. He plans to offer bicycle rentals and anticipates some of these customers will become purchasers of new bicycles. The availability of a bike shop on the green way to support bicyclists is a convenient amenity for the public and Mr. Best's investment in the property will oompiement the public's investment in building the greenway. Approximately 600 sf of the building will be left unfinished in the initial phase of construction It will be reserved for the development of a f rum restaurant operation. In the longer term, Mr. Best hopes to work with Parks & Recreation to develop a mountain biking test loop on adjacent park land and to host various bicycling - related events and festivals. The attached Concert Plan illustrates many of the anticipated improvements. The Plan shows the approximate extent of the land to be conveyed; final metes and bounds will be prepared by the City's Engineering Department prior to the final sale of the property to Mr. Best. Mr. Best respectfully requests that the Planning Commission act favorably on his request. i f Adjoining Property Owners for 802 Wiley Drive, SW 1222301 CITY OF ROANOKE (WASENA PARK) 1119 WASENA AVE SW ROANOKE VA 24015 1221705 CITY OF ROANOKE (WASENA PARK) 215 CHURCH AVE SW ROANOKE VA 24015 3130901,1121301 CITY OF ROANOKE WASENA PARK 215 CHURCH AVE SW ROANOKE VA 00000 1121306,2130114 COLE CHARLES T PO BOX 8219 ROANOKE VA 24014 1130106 ORANGE LEE ANN 808 WINONA AVE SW ROANOKE VA 24015 IBM ql up I br, Sf f i � ��,, ��..JJ rs..q (+.�.na =jam 13� � ~♦Y La _urY L" iI ;I WA*EMA rA1G1G l / �Rfi4fCr• .M�Y Nf ~ -Awe ♦ r y�r/iwo outs 204 1n4 /.pMFWV (DIY.IR"f �A� .1MVRI..4O�I.S • .�.�RI. /Itr.YOVA...�.I .RICIRMf.YYwt� em �- arw.� ra 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 November 11, 2014, at 1:30 p.m., or as soon as the matters may be heard, to consider these applications: Application by Anstey Holdings, LLC, to amend the Planned Unit Development Plan as it pertains to property located at 802 Wiley Drive, S.W., bearing Official Tax No. 1121401. The application is to permit use of the property for general or professional offices; mixed -use building; community market; bakery, confectionary or similar food production, retail; retail sales establishment, not otherwise listed; community center; meeting hall; eating establishment; eating and drinking establishment, not abutting a residential district; eating and drinking establishment, abutting a residential district; recreation, outdoor; artist studio; health and fitness center; and accessory uses, not otherwise listed instead of a retail sales establishment, not otherwise listed, previously permitted by the Mixed Use Planned Unit Development Plan ( MXPUD), filed in connection with the passage of Ordinance No. 39577 - 012213, adopted by City Council on January 22, 2013. The land use categories permitted in the MXPUD District include residential; accommodations and group living; commercial; industrial, warehousing, and distribution; assembly and entertainment; public, institutional, and community facilities; transportation; utility; agricultural; and accessory, with a maximum density of one dwelling unit per 1,800 square feet of lot area. The comprehensive plan designates the property for park use. The proposed use of the property is General or Professional Offices; Mixed -Use Building; Community Market; Bakery, Confectionary or Similar Food Production, Retail; Retail Sales Establishment, Not Otherwise Listed; Community Center; Meeting Hall; Eating Establishment; Eating and Drinking Establishment, not abutting a residential district; Eating and Drinking Establishment, abutting a residential district; Recreation, Outdoor; Artist Studio; Health and Fitness Center; and Accessory Uses, not otherwise listed in the Mixed Use Planned Development District ( MXPUD). Tina M. Carr, Secretary, City Planning Commission City Council will hold public hearings on the aforesaid applications on November 17, 2014, at 7:00 p.m., or as soon as the matters may be heard. Stephanie M. Moon Reynolds, MMC, City Clerk The City of Roanoke Board of Zoning Appeals will hold a public hearing on November 12, 2014, at 1:00 p.m., or as soon as the matter may be heard, to consider this application: Application filed by Roanoke Valley Youth Soccer Club, Inc., for a portion of property located at 2102 Highland Farm Road, N.W., bearing Official Tax No. 6472302, zoned ROS, Recreation and Open Space, for a special exception pursuant to Section 36.2- 403(f), Zoning, Code of the City of Roanoke (1979), as amended, to permit outdoor recreation facility lighting or sports stadium lighting. Application filed by Building Integrity, LLC, for property located at 421 Luck Avenue, S.W., bearing Official Tax No. 1011904, zoned D, Downtown, for a special exception pursuant to 36.2 -315, Zoning, Code of the City of Roanoke (1970), as amended, to permit a contractor tradesman's shop, general or special trade. Application filed by H. McCoy Darby for property located at 1835 Oxford Avenue, S.W., bearing Official Tax No. 1322315, zoned RM -1, Residential Mixed Density, for a special exception pursuant to Section 36.2 -311, Zoning, Code of the City of Roanoke (1970), as amended, to permit a two - family dwelling. Tina M. Carr, Secretary, City Board of Zoning Appeals Please publish in newspaper on October 29, 2014, and November 5, 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 STEPHANIE NI. MOON REYNOLDS, NIDIC City Clerk Richard Rife, Agent Rife + Wood Architects 1326 Grandin Road, S W. Roanoke, Virginia 24015 Dear Mr. Rife: 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: clerki roanokeva.gov November 11, 2014 JONATHAN E. CRAFT, CHIC Deputy City Clerk CECELIA T. WEBB, CHIC Assistant City Clerk Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing has been advertised for Monday, November 17, 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 Anstey Holdings, LLC, to amend the Planned Unit Development Plan as it pertains to property located at 802 Wiley Drive, S. W., subject to certain proffered conditions. The City Planning Commission at its meeting held on Tuesday, November 11, 2014, on a 5 -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 November 17 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, &v Y Stephanie M. Moon Reyn ds, &C City Clerk SMM:ctw pc: John C. Anstey, Anstey Holdings, LLC, 8616 Longview Avenue, S. W., Roanoke, Virginia 24014 STEPHANIE NI. MOON REYNOLDS, NINIC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540)853 -1145 E -mail: clerkrdroanokeva.gov November 11, 2014 To Adjoining Property Owners Ladies and Gentlemen: JONATHAN E. CRAFT, CMC Deputy City Clerk CECELIA T. WEBS, CNiC Assistant City Clerk Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing has been advertised for Monday, November 17, 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 Anstey Holdings, LLC, to amend the Planned Unit Development Plan as it pertains to property located at 802 Wiley Drive, S. W., subject to certain proffered conditions. This letter is provided for your information as an interested property owner and /or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning, Building and Development at 540 - 853 -1730. If you would like to receive a copy of the report of the City Planning Commission, please call the City Clerk's Office at 540 - 853 -2541. Sincerely, Stephanie M. M00%leynv, s, MC City Clerk SMM:ctw Adjoining Property Owners November 11, 2014 Page 2 PC: Judy S. Kale, 809 Winona Avenue, S. W., Roanoke, Virginia 24015 Lee Ann Orange, 808 Winona Avenue, S. W., Roanoke, Virginia 24015 Charles T. Cole, P. O. Box 8219, Roanoke, Virginia 24014 Charles Gadpaille, 1000 Oak Spring Road, Clifton Forge, Virginia 24422 Norfolk Southern Railroad, Attention: Bill Title, 110 Franklin Road, S. E., Roanoke, Virginia 24011 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, MMC City Clerk November 21, 2014 Tazewell Development, LLC Attn: Lucas Thornton 631 Campbell Avenue, S. E. Roanoke, Virginia 24013 Dear Mr. Thornton: JONATHAN E. CRAFT, CMC Deputy City Clerk CECELIA T. WEBB, CMC Assistant City Clerk I am enclosing copy of Ordinance No. 40112- 111714 authorizing the proper City officials to execute a Contract for Purchase and Sale of Real Property between the City of Roanoke, Virginia, and Tazewell Development, LLC, to sell approximately 0.7748 acre parcel of City -owned property located at 206 Williamson Road, S. E., designated as Official Tax Map No. 4013803. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 17, 2014; and is in full force and effect upon its passage. Sincerely, W "Ayl Stephanie M. Moon Reynolds, MMC City Clerk Enclosure PC: R. Neal Keesee, Jr., Esquire, Woods, Rogers, PLC, Wells Fargo Tower, 10 South Jefferson Street, Suite 1400, Roanoke, Virginia 24011 The Honorable Brenda S. Hamilton, Clerk of Circuit Court Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Barbara A. Dameron, Director of Finance Wayne Bowers, Director of Economic Development Philip Schirmer, City Engineer Susan Lower, Director of Real Estate Valuation em, IN THI? COUNCIL OF THE CITY OP ROANOKE, VIRGINIA The 17th day of November, 2014. No. 40112 - 111714. AN ORDINANCE authorizing the proper City officials to execute a Contract for Purchase and Sale of Real Property ( "Contract ") between the City of Roanoke, Virginia ( "City "), and Tazewell Development, LLC ( ""Tazewell "), to sell to Tazewell an approximately 0.7748 acre parcel of City -owned property located at 206 Williamson Road, S.E., Roanoke, Virginia, which parcel consists of City -owned property designated as Official Tax Map No. 4013803, 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, a public hearing was held on November 17, 2014, pursuant to Section 15.2- 1800 and Section 15.2 -1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such conveyance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: The City Manager is hereby authorized on behalf of the City to execute a Contract, substantially similar to the Contract attached to the City Council Agenda Report to this Council dated November 17, 2014, to sell to Tazewell an approximately 0.7748 acre parcel of City -owned property, located at 206 Williamson Road, S.E., which parcel consists of City - owned property designated as Official Tax Map No. 4013803 ( "Property ") for the purchase price of $50,000, upon certain terms and conditions; for Tazewell to develop the Property into a mixed use commercial, and residential, with associated parking establishment, upon such terms and conditions as more particularly set forth in the above - mentioned Agenda Report. LIATTORNEY \CASE SHARE\206 Williamson Road Sale of Property to HistRe Partners LLC 11 14 \0rdinance Authorizing Contract for sale between City and Tazewell LLC 206 Williamson Road TM 4013803 11 14.doex 1 1/11/14 2. The City Council further finds the sale ofthe Property will be of economic benefit to the City and its citizens. 3 The City Manager is further authorized on behalf of the City to negotiate and execute such further documents and take such Further actions related to this matter and as may be necessary to implement, administer, and enforce the conditions and obligations that must be met by Tazewell pursuant to the Contract, which obligations include, but are not limited to, Tazewell commencing construction activity within ninety (90) days of Closing, and substantially completing construction by January 1, 2018. 4. The form of the documents referred to above and in the City Council Agenda Report are to be approved by the City Attorney. 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: ✓ 1 City Clerk, LAATTORNEYICASE SHAREr206 Williamson Road Sale of Property to HistRe Partners LLC 11 WOrdinance Authorizing Contract for sale between City and Tazewell LLC 206 Williamson Road TM 4013803 It 14.docx 11/11/14 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 17, 2014 Subject: Public Hearing to Authorize a Contract Between the City of Roanoke and Tazewell Development, LLC for the Sale of City - Owned Property Located at 206 Williamson Road, S.E. Background: Hist:Re Partners, LLC, submitted to the City a proposal to acquire a 0.7748 acre parcel located at 206 Williamson Road, S.E. (Tax Map Number 4013803) (Property), which is presently a surface parking lot owned by the City of Roanoke (City) and managed by Park Roanoke for monthly parking. Hist:Re Partners, LLC, has formed a new Virginia limited liability company, Tazewell Development, LLC, (Purchaser) to develop the Property. Purchaser proposes to design, engineer, and construct a four story structure (Project) resulting in approximately 91,600 square feet of commercial, residential, and parking space. The Project would include approximately 69 apartments, 8,314 square feet of street level commercial space, and 46 covered parking spaces as shown and described in the Purchaser's development plan entitled "Development Proposal ". This development plan is included as an exhibit to the proposed Contract for Purchase and Sale of Real Property, a copy of which is attached to this Agenda Report (Contract). The current assessed value of the Property is $1,043,300. The proposed purchase price takes into account significant additional costs associated with development of the Project on the Property including: small lot development pattern with high quality materials compared to standard design; specialized structural work required to account for the location of storm drain lines under the Property; structural modifications required for development due to the Property being located in the floodplain; and the inclusion of sustainable design features. Taking these additional development costs into consideration, the purchaser proposes $50,000 for purchase and will invest $7,350,000 in designing and constructing the mixed use development. Considerations: Some of the salient contractual obligations of the Purchaser as proposed are: • Purchaser shall have a one hundred eighty (180) day due diligence period, beginning with the execution date of the Contract, to obtain all public approvals as applicable, including, but not limited to: site plan approval; building permits; and signage, all at the sole cost and expense of the Purchaser. • Closing shall take place no earlier than sixty (60) days (in order to give Park Roanoke time to relocate current monthly parkers on the Property) and no later than ninety (90) days following the end of the due diligence period. • Purchaser shall certify in writing to the City that Purchaser has commenced construction activity to the reasonable satisfaction of the City within ninety (90) days of closing on the Property, including hiring a contractor to construct and complete the Project and obtaining all required permits and licenses required for construction. If construction activity has not commenced by this time, if the City chooses, ownership of the Property shall revert to the City. • At closing, Purchaser shall provide a performance security of $500,000. • Purchaser shall substantially complete construction of the Project in accordance with Purchaser's submitted development plan and with any approved construction plans by January 1, 2018 or surrender the performance security. Purchaser has approved and accepted the form of the Contract, which will convey the Property to the Purchaser under certain terms and conditions. A public hearing is required prior to City Council's action on the proposed contract. Recommended Action: Absent comments at the public hearing needing further consideration, approve the terms of the Contract between the City and Purchaser. Authorize the City Manager to execute such Contract between the City and Purchaser substantially similar to the one attached to this report, and to execute such other documents and to take such further actions as may be necessary to sell the Property and to implement, administer, and enforce such Contract, with the form of such Contract and any other documents to be approved by the City Attorney. (31L P. Morrill City Manager Distribution: Council Appointed Officers Brian Townsend, Assistant City Manager for Community Development Wayne Bowers, Director of Economic Development 2 DRAFT DATE: 11.10.2014 CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY This Contract For Purchase and Sale of Real Property (Contract) is dated , 2014, by and between the City of Roanoke, Virginia, a Virginia municipal corporation ( "Seller" or "City "), and Tazewell Development, LLC, a Virginia limited liability company ( "Buyer "). RECITALS: WHEREAS, Seller is the owner in fee simple of certain real property located at 206 Williamson Road, S.E., Roanoke, Virginia 24013, Tax Map Number 4013803, as shown and described more particularly in the attached Exhibit 1 ( "Property "); WHEREAS, Seller is desirous of selling the Property to Buyer and Buyer is desirous of acquiring such Property for intended purposes as set forth in a document entitled "Development Proposal," prepared by Hist:Re Partners, LLC, and dated August 15, 2014, attached hereto and incorporated herein by reference, together with such supplements, additions, and amendments thereto that Buyer shall make prior to Closing and shall be attached hereto ( "Proposal "); WHEREAS, the Property is currently used as a parking facility and has an assessed value of 51,043,300 and Seller will sell the Property to Buyer for a price less than the assessed value provided Buyer fully complies with all terms and conditions as set forth in this Contract and, if Buyer fails to comply with such terms and conditions, Buyer shall be liable to Seller for remedies set forth hereinafter or for such other remedies available to Seller as set forth in this Contract or by law; and THEREFORE, for and in consideration of the mutual covenants and conditions herein set forth, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the parties hereto, Seller and Buyer hereby agree the above Recitals are hereby incorporated into this Contract and that they further agree as follows: SECTION 1. DEFINITIONS. Unless the context otherwise specifies or requires, for the purpose of this Contract, the following terns shall have the meanings set forth in this Section: Buyer's Proposal or Proposal: Buyer's Proposal refers to the Buyer's planned construction of a building on the Property in which to provide a mix of commercial, residential and parking space related to a mixed -use development, as set forth in a document entitled "Development Proposal," prepared by Hist:Re Partners, LLC, and dated August 15, 2014, a copy of which is made a part hereof and marked as Exhibit 2, together with such supplements, additions, and amendments thereto that Buyer shall make to provide additional details with respect to the Project. Such supplements, additions, and amendments shall be attached to this Contract prior to Closing and shall be a part of this Contract. DRAFT DATE: 1 1.10.2014 Closing: The consummation of this Contract by Seller's delivery of a Special Warranty Deed to the Property to Buyer. Closing Date: The date provided for in Section I 1 hereof for the Closing. Commencement Date: The date on which Buyer certifies in writing to Seller that Buyer has commenced Construction Activity to the reasonable satisfaction of Seller, which date shall be within ninety (90) days after Closing. Contemplated Use: The development of the Property by Buyer for the purpose of developing a structure to provide commercial, residential, and parking space for sale or rent to the general public, as outlined in Buyer's Proposal. Days: Unless otherwise stated, this term means consecutive calendar days. Deed: The Deed shall be a special warranty deed, subject to all restrictions of record, this Contract, and as set forth in the Title Commitment. The Deed shall also be subject to all obligations of Buyer under the terms of this Contract. Performance Security: Performance security shall be a cash bond or letter of credit in the principal amount of $500,000, and shall serve as security for the performance of Buyer to Substantially Complete the Project in accordance with Buyer's Proposal. The terms and conditions of the Performance Security are more specifically set forth in Section 12 of this Contract. Plans or Plan: These terms mean the design plans and /or drawings and /or other documents as approved by the City of Roanoke Department of Planning, Building and Development. Project: This term means and includes the design, engineering, construction of an approximately 91,600 square foot structure, consisting of at least four (4) stories in height, to be developed by Buyer in accordance with the Proposal, as well as any related and /or connected work that may be required and /or done on any part of the Property in addition to the Building, all in accordance with the terms and provisions of this Contract. Property: The real property located at 206 Williamson Road, S.E., Roanoke, Virginia 24013 and designated as Roanoke City Tax Map No. 4013803, and containing approximately 0.7748 acres, more or less, being portions of property conveyed to Seller by deeds of (i) Virginia Holding Corporation to Seller dated July 23, 1974, and recorded in the Clerk's Office of the Circuit Court of the City of Roanoke Virginia at Book 1350, Page 457; and (ii) City of Roanoke Redevelopment and Housing Authority to Seller dated December 10, 1974, and recorded in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia at Book 1356, Page 183; together with such rights acquired by, and limitations imposed on, the Property pursuant to Ordinance No. 22138, adopted by the Council of the City of Roanoke on April 7, 1975, a copy of which Ordinance is recorded with the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia at 1) DRAFT DATE: 1 1.10.2014 Book 1359, Page 567. The Property is more particularly described in Exhibit 1 attached hereto and made a part hereof. The Property is subject to all liens, encumbrances, easements, and restrictions of record. The description of the Property may be amended to reflect the description established by survey in the event that Buyer has the Property surveyed prior to Closing. Substantial Completion, Substantially Complete or Completed, or Substantial Conformance: Development of the Property by Buyer in accordance with the Contemplated Use and Plans and where a final certificate of occupancy has been issued to Buyer from the City of Roanoke Department of Planning Building and Development for the residential units, as set forth in the Plans. Title Commitment: A commitment for title insurance in favor of Buyer for the Property to be issued by a Title Company. Title Company: Any nationally recognized title insurance company acceptable to Buyer. SECTION 2. PURCHASE AND SALE OF PROPERTY. A. Seller agrees to sell the Property to Buyer, and Buyer agrees to purchase the Property from Seller, upon all the terms, covenants, and conditions set forth in this Contract. B. The purchase price for the Property ( "Purchase Price ") shall be Fifty Thousand Dollars ($50,000.00) payable in cash or certified check from Buyer to Seller at Closing, together with the other obligations of Buyer as set forth in this Contract. SECTION 3. CONDITIONS PRIOR TO CLOSING. A. I. As a condition precedent to Buyer's obligation to purchase the Property or otherwise to perform any obligations provided for in this Contract, Seller, as of the Closing, shall have complied with Seller's representations and warranties in Section 10 of this Contract, the fulfillment to Buyer's reasonable satisfaction of Seller's delivery to Buyer on the Closing Date of title to the Property and other documents as prescribed in Section I 1 and Buyer shall be satisfied with the results of its due diligence and inspections undertaken pursuant to Section 17. 2. As a condition precedent to Seller's obligation to sell the Property or otherwise perform any obligations provided for in this Contract, Buyer, as of the Closing, shall have complied with Buyer's obligations, representations, and warranties in this Contract. B. Buyer and /or Seller may, at any time on or before the Closing Date, at its election, waive in writing any of the other party's conditions precedent referenced in this R+ DRAFT DATE: 1 1.10.2014 Section 3, and Buyer's and Seller's consummation of the transaction on the Closing Date shall waive all such conditions precedent. C. In the event that the Closing has not occurred through no fault of Buyer on or before the Closing Date, Seller, by written notice given to Buyer, shall provide Buyer with a ten (10) Day cure period from the Closing Date in which to deliver the Purchase Price and proceed with Closing. If Closing has not occurred within such additional time period through no fault of Seller, this Contract shall automatically be terminated without any further action. In the event of any termination as set forth above, this Contract shall be deemed terminated and of no further force and effect. D. Upon the request of Seller, Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, shall within a reasonable period of time after receipt of any preliminary or final survey, test results or conclusory reports and opinion statements, deliver copies of same to Seller. If Seller so requests, Buyer shall also turn over copies of raw data obtained and any laboratory and observation reports or analyses. Such copies of all the above shall be provided to Seller without charge. Neither Buyer or the provider of the report makes any representations or warranties to Seller about such reports or opinions and Seller may not rely on such information. E. Buyer shall have 180 days beginning with the execution date of this Contract to obtain all public approvals as applicable, including, but not limited to: site plan approval, building permits, and signage, all at the sole cost and expense of the Buyer. F. Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, shall at all times comply with all applicable federal, state, and local laws, rules, and regulations. Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, prior to exercising any rights under this Section 3, shall obtain, at their cost, any and all required permits and /or licenses for any such work. SECTION 4. BUYER'S AND SELLER'S OBLIGATIONS. A. Obligations at Closing. Seller's Obligations. At the Closing, Seller agrees to sell to Buyer the Property and deliver the Deed to Buyer in accordance with the terms of this Contract. El DRAFT DATE: 11. 10.2014 2. Buyer's Obligations. Buyer agrees and promises that it will do and /or has done the following at Closing: (i) Buyer will purchase the Property from Seller for the Purchase Price of Fifty Thousand and no /100 Dollars ($50,000.00) and will make payment in accordance with the terms of this Contract. (ii) Buyer shall provide to Seller the Performance Security as required pursuant to Section 12 of this Contract. (iii) Buyer shall provide the written acknowledgement, acceptance and agreement of its members to the provisions of Section 4 (13)(5) of this Contract. (iv) Buyer accepts the Property in an "AS IS" condition acknowledges and agrees that Seller makes no representations or warranties with respect to the Property other than what is contained within this Contract. Buyer agrees that Buyer is taking the Property without any warranties or representations from Seller and that Buyer has had sufficient opportunities to fully examine the Property, and that Buyer shall comply with all environmental and other laws in developing the Property. (v) Buyer acknowledges that it has been informed that Buyer may seek and apply for Enterprise Zone One A incentives as shown in the Economic Development Webpage at: littp:// www. roanokcva. gov/ 85256A8D0062AF37 /CLirrentBascLink /N254JOUW813LBASEN, as well as applicable tax benefits, exemptions, or abatement, the same as other entities within Enterprise Zone One A. (vi) Buyer shall promptly pay for all advertising costs and any related fees or costs connected with this Contract and /or the sale of the Property, including, but not limited to costs for any advertisement of required public hearing(s). Such payment shall be made directly to the entity providing the advertising or other service, or to the City, as the City may direct. (vii) Buyer agrees that the conditions and obligations of Buyer under this Contract are conditions and obligations that shall be incorporated either directly or by reference in any deed to the Property from Seller to Buyer, shall survive Closing, and shall be binding on Buyer's successors and assigns. 5 DRAFT DATE: 11. 10.2014 B. Post - Closing Perfonnance Obligations of Buyer. Buyer acknowledges and agrees that a part of the consideration for the Seller is the Buyer's commitment to develop the Project in accordance with Buyer's Proposal and the performance of this commitment. Buyer agrees to perform each of the following obligations in accordance with the terns and conditions set forth in this Contract. Buyer will develop the Property in accordance with Buyer's Proposal and Plans. Completion of this development shall be pursued diligently and timely by Buyer and Buyer shall be solely responsible for satisfying its obligations hereunder subject to delays caused by events set out in Section 33 of this Contract. TIME SHALL BE OF THE ESSENCE WITH RESPECT TO EACH AND EVERY OBLIGATION OF BUYER HEREUNDER. 2. Buyer shall commence Construction Activity by the Commencement Date to the reasonable satisfaction of Seller. For the purposes of this Contract, "Construction Activity" shall mean: Buyer has hired a contractor or contractors to construct and complete the Project and that such contractor(s) has obtained the required building permits and licenses and is actively working on the Project and will continue to do so, subject to delays caused by events set out in Section 33 of this Contract, without interruption, until the Project is completed. Failure to meet these requirements shall be a material breach of this Contract for which Seller shall have its remedies, at law or in equity, together with its remedies as set forth in Section 16 (13)(2) hereof. 3. All design, engineering, demolition, and construction work necessary to complete the Project in accordance with Buyer's Proposal in accordance with the Plans shall be Substantially Completed by January 1, 2018. In the event that Buyer fails to Substantially Complete the Project in accordance with this Section, Seller shall have the right to receive the Performance Security, as required pursuant to Section 12 of this Contract, as such remedy is more particularly set forth in Section 16 (13)(3) of this Contract 4. Buyer acknowledges and agrees that Buyer shall not sell, transfer, or otherwise dispose of the Property, any portion of the Property, or any interest in the Property, other than a decd of trust or mortgage in connection with the development and construction of the Project, until the Property has been developed completely in accordance with the Proposal and subsequent Plans, and a final, permanent certificate of occupancy issued by the City of Roanoke Department of Planning, Building and Development has been granted to Buyer for the Building, and, if required by the City, for the residential dwelling units developed on the Property pursuant to the Plans. If Buyer conveys, transfers, or attempts to convey 6 DRAFT DATE: 11. 10.2014 or transfer the Property, any portion of the Property, or any interest in the Property, such conveyance shall be deemed void, of no force or effect, and a breach of this Contract. 5. Buyer acknowledges and agrees that Buyer and its members shall not sell, transfer, convey, or otherwise dispose of any membership interest in Buyer until the Property has been developed completely in accordance with the Proposal and subsequent Plans, and a final, permanent certificate of occupancy issued by the City of Roanoke Department of Planning, Building and Development has been granted to Buyer for the Building, and, if required by the City, for the residential dwelling units developed on the Property pursuant to the Plans. If Buyer or any of its members sells, conveys, transfers, or attempts to sell, convey or transfer membership interest in Buyer, such transfer or conveyance shall be deemed void, of no force or effect, and a breach of this Contract. Buyer shall have each of its members acknowledge, agree to, and accept this restriction in writing at Closing. C. Amendments to Buyer's Proposal following Closing. Prior to making any changes to Buyer's Proposal, Buyer shall submit such changes to the City Manager for review and approval. The City Manager shall review the proposed changes and may provide the proposed changes to the City's consultants, engineers, and advisors for review and comment to the City Manager. The City Manager may request changes to the proposed changes which the City Manager deems appropriate to conform the proposed changes to the character and development of downtown, as contemplated in Buyer's Proposal. The City Manager shall review and provide its approval or rejection with the requests of the City Manager, if any, to Buyer within ten (10) days following its receipt of the proposed changes. D. Waiver or Consent to Transactions subject to Sections 4 (B) (4) or (5). Buyer may request Seller to waive the restrictions set forth in Section 4 (B) (4) or Section 4 (B) (5) of this Contract or otherwise consent to the contemplated transaction that would violate the provisions of Section 4 (B) (4) or Section 4 (B) (5) of this Contract. Buyer shall make such request in writing that shall include a detailed description of the contemplated transaction, together with the documents proposed to effectuate the contemplated transaction. The written request shall also include the written statement of the other parties to the contemplated transaction acknowledging the terms and conditions of this Contract and their agreement to comply with the terms and conditions of this Contract. Seller shall determine whether to waive the restriction or consent to the contemplated transaction within twenty (20) days after receipt of the materials required 7 DRAFT DATE: 11. 10.2014 herein. Seller may withhold its waiver or consent in its discretion. In the event that Seller waives the restriction or consents to the contemplated transaction, such waiver or consent shall not be deemed to be a waiver or consent to any other contemplated transaction. E. Obligations Survive Closing. Buyer agrees that the conditions and obligations of Buyer under this Contract are conditions and obligations that shall be incorporated either directly or by reference in any decd to the Property from Seller to Buyer, shall survive Closing, and shall be binding on Buyer's successors and assigns. These conditions and obligations of the Buyer which survive the Closing shall run with the land. upon the written request of Buyer after satisfaction of one or more conditions or obligations by Buyer which survived the Closing, the City shall verify satisfaction of such conditions or obligations by Buyer and, upon verification, the City shall execute and deliver to Buyer a document in which the City acknowledges the satisfaction of such conditions or obligations of the Buyer which survived the Closing. Such document shall be in a form suitable for recording in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia. The form of the document shall be approved by the City Attorney and shall acknowledge satisfaction of only those conditions or obligations of Buyer specifically set forth in such document and shall further provide that all other conditions and obligations of Buyer (except for those previously satisfied and acknowledged by the City in writing) remain in full force and effect. If requested by Buyer, the City shall provide a separate document following the satisfaction of each condition or obligation of the Buyer hereunder. The Buyer shall be responsible for the costs of recording each such document. SECTION 5. COMPLIANCE WITH LAWS. Buyer agrees to and shall comply with all applicable federal, state, and local laws, ordinances, and regulations, including all applicable licensing requirements. Buyer further agrees that Buyer does not, and shall not during the performance of this Contract, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986. SECTION 6. ASSIGNMENT. Buyer agrees not to assign or transfer any part of this Contract without the prior written consent of Seller, which will not be unreasonably withheld, and any such assignment shall not relieve Buyer from any of its obligations under this Contract. N DRAFT DATE: 11. 10.2014 SECTION 7. INDEMNITY. Buyer agrees to indemnify and hold harmless Seller and its officers, directors, and employees free and harmless for and from any and all claims, causes of action, damages or any liability of any type, including reasonable attorney's fees, on account of any claims by or any injury or damage to any persons or property growing out of or directly or indirectly resulting or arising in any way out of any actions, omissions, or activities of Buyer or its agents, employees, contractors, or representatives arising out of or connected in any way to any of the matters involved in this Contract or any performance thereunder. SECTION S. FORUM SELECTION AND CHOICE OF LAW. By virtue of entering into this Contract, Buyer agrees and submits itself to a court of competent jurisdiction, which shall be the Circuit Court or General District Court for City of Roanoke, Virginia, and further agrees this Contract is controlled by the laws of the Commonwealth of Virginia, with the exception of Virginia's conflict of law provisions which shall not apply, and that all claims, disputes and other matters shall be decided only by such court according to the laws of the Commonwealth of Virginia as aforesaid. Buyer further waives and agrees not to assert in any such action, suit or proceeding, that it is not personally subject to the jurisdiction of such courts, that the action, suit or proceeding, is brought in an inconvenient forum or that the venue of the action, suit or proceeding, is improper. SECTION 9. EASEMENTS. Buyer promises and agrees to grant and dedicate to Seller and /or the Western Virginia Water Authority, at any time before Substantial Completion, all reasonably necessary easements on Buyer's Property for the construction of infrastructure improvements needed for or benefiting the Property and which easements are necessary to and benefitting the development of the Project in accordance with Buyer's Proposal, including, but not limited to, storm drainage, sanitary sewers, and /or water, all at no cost to the Seller and/or the Western Virginia Water Authority. SECTION 10. COVENANTS AND WARRANTIES. A. In addition to any representations and warranties contained elsewhere in this Contract, Seller warrants and represents that Seller will, in accordance with this Contract, convey title to the Property in an AS IS condition and subject to any items of record. B. Seller further represents and warrants with respect to the Property that: Title. Seller has title to the Property subject to any restrictions of record. Seller is the sole owner of the Property. M DRAFT DATE: 1 1.1 0.2014 2. Condemnation. Seller has no knowledge of any pending or threatened proceedings for condemnation or the exercise of the right of eminent domain as to any part of the Property or the limiting or denying of any right of access thereto. 3. Special Taxes, The Property is located in the City's Downtown Service District and is subject to the special taxes of that District. However, Seller has no other knowledge of, nor has it received any notice of, any other special taxes or assessments relating to the Property or any part thereof. 4. Hazardous Materials. Seller makes no warranties or representatives of any type regarding hazardous materials of any type. 5. No Leases. There are no leases of the Property. The Property is current used as a parking facility and users of the parking facility have permits to park their vehicles on the Property. Seller shall have sixty (60) days after satisfaction of all conditions in Section 3 to relocate all parking patrons to other parking facilities within the City. 6. Access. Ingress to and egress from the Property is available and provided through Williamson Road, S.E. SECTION II. TITLE AND CLOSING. A. Title to the Property, in accordance with the Survey, shall be conveyed by Seller to Buyer by Special Warranty Deed (the "Deed ") subject to the following: Ad valorem real property taxes and stormwater utility fees for the current year, not yet due and payable; 2. Those matters of title to which Buyer has not objected to in writing; 3. Those matters reflected on the Survey, if prepared by Buyer, to which Buyer has not objected to in writing, or, in the event that Buyer does not perform a survey prior to Closing, all matters that would be revealed by an accurate Found survey of the Property; 4. Easements, encumbrances, and other restrictions of record as of the date of execution of this Contract by Seller; 5. Liens and objections shown on the Title Commitment; 6. Other standard exceptions contained in a Title Policy as defined in Section I I(B) below. 10 DRAFT DATE: 1 1.10 2014 7. Those items and matters set forth in this Contract and that the obligations and undertakings of Buyer in this Contract shall survive Closing and be incorporated into the Deed. All of the foregoing exceptions are herein referred to collectively as the "Conditions of Title." B. Delivery of title in accordance with the foregoing shall be evidenced by the willingness on the Closing Date of the Title Company to issue, upon payment of its normal premium, to Buyer its A.L.T.A. (Form B) Owner's Policy of Title Insurance (the "Title Policy ") insuring Buyer in the amount of the Purchase Price in respect to the Property and that title to the Property is vested in Buyer subject only to the Conditions of Title. C. Buyer and Seller shall consummate and complete the Closing of this transaction no sooner than sixty (60) days but no later than ninety (90) days after satisfaction of all conditions set forth in Section 3. Buyer shall designate the specific date on which the Closing shall occur within such period set forth above at least thirty (30) business days prior to the date of closing (Closing Date). Under no circumstance shall the Closing occur later than September 30, 2015, unless Seller grants further extension periods. D. The purchase and sale of the Property shall be closed (the "Closing ") at 10:00 A.M. on the Closing Date in the Office of the City Attorney, or at such other location, date, and time as shall be approved by Buyer and Seller. On the Closing Date, Seller shall deliver or cause to be delivered to Buyer the following documents: a) Its duly executed and acknowledged Deed conveying to Buyer the Property in accordance with the provisions of this Contract; b) A mechanic's lien affidavit executed by a representative of Seller, satisfactory to the Title Company, and to the effect that no work has been performed on the Property by Seller in the one hundred twenty -five (125) days immediately preceding the Closing Date that could result in a mechanic's lien claim, or, if such work has been performed, it has been paid for in full; C) Such evidence and documents including, without limitation, a certified copy of the ordinance adopted by Seller, as may reasonably be required by the Title Company evidencing the authority of the person(s) executing the various documents on behalf of Seller in connection with its sale of the Property; d) A duly executed counterpart of a Closing Statement; and DRAFT DATE: 1 1. 10.2014 e) Any other items required to be delivered pursuant to this Contract or other items reasonably required by the Title Company and that do not include the payment of money, indemnity, or assumption of any liability or obligation. E. At Closing, real property taxes (if any), and stonnwater utility fees shall be prorated with Buyer being responsible for all periods thereafter. F. Buyer shall pay for (i) the cost of all investigations of the Property including but not limited to examination of title and title insurance premiums for issuance of the Title Policy; (ii) all attorney's fees and expenses incurred by legal counsel to Buyer; and (iii) any Grantee's tax and recording costs required to be paid in connection with the recording of the Deed. G. Seller shall pay the Grantor's tax, if any, and the expenses of legal counsel for Seller, if any. H. Exclusive possession of the Property shall be delivered to Buyer on the Closing Date, subject to the provisions of this Contract. SECTION 12. PERFORMANCE SECURITY FOR BENEFIT OF SELLER. A. 1. As security for Buyer's compliance with the terms and conditions of this Contract and completion of the Project in accordance with the Plans, Buyer shall deliver to Seller on or before the Closing, one of the following: (i) a performance bond with corporate surety, issued by an insurance company qualified to, licensed, and conducting business in Virginia, subject to prior approval by Seller in Seller's sole discretion, or (ii) a letter of credit drawn against a bank or other financial institution, qualified to, licensed, and conducting business in Roanoke, Virginia, subject to prior approval by Seller, in Seller's sole discretion (the "Performance Security "). The form of the Perfonnance Security shall be substantially in the form of Exhibit 3 attached hereto and made a part hereof. The Performance Security shall be payable to Seller and in the amount of Five Hundred Thousand Dollars ($500,000). The Performance Security provided shall be valid for a term not less than the earlier of (a) one (1) year after the date on which the Project is to be Substantially Complete pursuant to Section 4 (B)(3) of this Contract; or (b) the date on which the Project is Substantially Complete. If the Performance Security is not renewed annually or is threatened to be canceled and Buyer does not provide a replacement Performance Security approved by Seller at least sixty (60) Days before any portion of the existing Performance Security is to be cancelled, such event shall be a breach of this Contract and Seller shall be entitled to exercise Seller's rights to immediately call the Perfonnance Security. 12 DRAFT DATE: 1 1.102014 2. Buyer shall provide to Seller a copy of Buyer's proposed Performance Security in a form to be approved by Seller, in Seller's sole discretion, and in sufficient time to allow Seller to approve or disapprove such document at least ten (10) business days before the Closing. Notwithstanding other provisions in this Contract, if Seller has not approved the form and content of the Performance Security proposed by Buyer at least ten (10) business days prior to the Closing, the Closing may be delayed at the sole option of Seller or Seller may (i) terminate the Contract; and / or (ii) pursue any and all other remedies as provided for by this Contract or by law, including damages against Buyer. 3. If Buyer either (i) fails to comply with any of the terns of this Contract or any of Buyer's obligations under this Contract that require Buyer's performance within a specific time period; or (ii) fails to comply with any other terns of this Contract or any other obligations of Buyer under this Contract after written notice of such other default is provided by Seller and Buyer fails to cure such default within thirty (30) Days following Buyer's receipt of such notice (provided, however, Buyer shall not be in default as to matters not curable within said thirty (30) days if Buyer undertakes efforts to cure such default within the 30 day period, such default can be cured within sixty (60) days, and diligently pursues such efforts until the default is cured within such sixty (60) day period), then, in either event, Seller may call on the Performance Security required by this Section for payment of the entire amount of the Performance Security, and the issuer(s) of such security shall be obligated to pay such amount to Seller without delay. The parties recognize that Seller will suffer damages if Buyer fails to comply with the terms of this Contract. The parties also recognize the delays, expense, and difficulties involved in proving the actual loss or damages Seller will suffer if Buyer fails to comply with this Contract. Therefore, Buyer hereby agrees to provide the Performance Security to Seller as liquidated damages for loss and damages to Seller for Buyer's failure to comply with any of the terms of this Contract, but not as a penalty. The basis of the amount of the Performance Security is the approximate value of the Property if it had been sold without conditions or obligations, as agreed to by the Buyer and Seller. Buyer further waives any defense as to the validity of any liquidated damages stated in this Section on the grounds such liquidated damages could be void as penalties or are not reasonably related to actual damages. Such liquidated damages are in addition to any other damages Seller may be entitled to recover. 4. In the event that fire or other casualty causes damage or destruction to the Building or other improvements prior to Substantial Completion, Buyer may at its option either (a) complete the Project or (b) pay to Seller the sum of the Performance Security without any further obligation to complete or construct the Project. In the event that Buyer elects to complete the Project, the time period set forth in Section 4(B)(3) shall be 13 DRAFT DATE: 1 L 10.2014 extended for the period of time mutually determined by Seller and Buyer as reasonable and necessary to Substantially Complete the Project. SECTION 13. CONDEMNATION. Seller has no actual knowledge of any pending or threatened condemnation of the Property. However, if, after the date hereof and prior to the Closing Date, all or any part of Property is subjected to a bona fide threat of condemnation or condemned or taken by a body having the power of eminent domain or a transter in lieu of condemnation, Buyer shall be promptly notified thereof in writing and within twenty (20) days after receipt of written notice to Buyer, Buyer may by written notice to Seller elect to cancel this Contract prior to the Closing Date, in which event all parties shall be relieved and released of and from any further duties, obligations, rights, or liabilities hereunder, and thereupon this Contract shall be deemed terminated and of no further force and effect. If no such election is made by Buyer to cancel this Contract, this Contract shall remain in full force and effect and the purchase contemplated herein, less any interest taken by condemnation or eminent domain, shall be effected with no further adjustments, and upon the Closing Date, Seller shall assign, transfer, and set over to Buyer all of the right, title, and interest of Seller in and to any awards that have been or that may thereafter be made for any such taking or takings. SECTION 14. RISK OF LOSS. Risk of Loss by fire or other casualty shall be upon Seller until Closing is completed, except if such loss is the result of acts or omissions of Buyer or Buyer's employees, agents, contractors, or representatives, in which case such loss shall be Buyer's responsibility. Provided, however, if the Property is substantially damaged or destroyed before Closing by such casualty, then either party may cancel this Contract by giving the other party thirty (30) days written notice of such cancellation and neither party will have any further obligations to the other and Seller shall not be liable to Buyer for any failure to deliver the Property to Buyer. SECTION 15. COMMISSIONS. Seller and Buyer each warrant and represent to the other that their sole contact with the other or with the Property regarding this transaction has been directly between themselves and their employees. Seller and Buyer warrant and represent that no person or entity can properly claim a right to a commission, finder's fee, or other compensation based upon contracts or understandings between such claimant and Buyer or Seller with respect to the transaction contemplated by this Contract. Buyer agrees to indemnify Seller against and to hold it harmless from any claim, loss, cost, or expense, including, without limitation, attorneys' fees, resulting from any claim for a commission, finder's fee, or other compensation by any person or entity based upon such contacts or understandings. m DRAFT DATE: 1 1.10.2014 SECTION 16. REMEDIES. A. In the event Buyer shall have fully performed or tendered performance of its duties and obligations hereunder, but Seller fails to perform any of its duties or responsibilities in accordance with the terms and provisions hereof, Buyer's sole and exclusive remedy shall be an equitable suit to enforce specific performance of such duties or responsibilities. Any and all other remedies otherwise available to Buyer, at law or in equity, are hereby expressly waived by the Buyer except as otherwise specifically stated in this Contract. B. I. If Buyer fails to comply with any of the terms and conditions, or any of Buyer's obligations, of this Contract, Seller may enforce any and /or all remedies available to Seller under this Contract or by law, including, but not limited to termination of this Contract, and all such remedies as may be allowed by law or in equity. 2. Notwithstanding any provision contained in this Contract or the Deed, in the event that Buyer does not satisfy the Requirements as set forth in Section 4(B)(2) hereof, Seller shall have the right, but not the obligation, to cause title to the Property, together with any existing improvements, to revert to Seller free and clear of all mortgages, deeds of trusts, liens or encumbrances. Seller shall exercise this right of reverter by recording a notice of exercise of such right in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia. Buyer shall be obligated to execute all documents requested by the Seller to acknowledge that all right, title and interest of the Property has reverted to Seller, free and clear of all interests of the Buyer, its successors and assigns, and all holders of any mortgages, deeds of trusts, liens or encumbrances. Buyer and /or its successors in interest shall pay to Seller any and all attorney's fees, costs, and other expenses incurred as a result of such action. Upon recording of the deed and other documents to vest title in the Property in Seller as a result of Seller's exercise of this right of reverter, Seller shall pay to Buyer an amount equal to the Purchase Price and release the Performance Security. 3. Notwithstanding any provision contained in this Contract or the Deed, in the event that Buyer does not Substantially Complete the Project as required pursuant to Section 4 (13)(3) of this Contract, Seller may exercise its rights under the Performance Security and collect the principal amount of the Performance Security in the amount of $500,000. SECTION 17. RIGHT OF ENTRY AND INSPECTION PERIOD. A. Buyer shall have one hundred eighty (180) Days following the execution of this Contract to complete Buyer's due diligence review of the Property (Inspection Period) to determine if there are any issues that would prevent the Buyer's use of the Property. Should Buyer determine during such Inspection Period that it is not 15 DRAFT DATE: 11.10.2014 satisfied with the Property or any characteristics thereof for any reason whatsoever, in Buyer's sole and absolute discretion, Buyer may terminate this Contract by notifying the Seller in writing as soon as possible, but no later than ten (10) Days after the end of such Inspection Period, of Buyer's decision to tenminate the Contract. In such case, this Contract shall thereupon be terminated and of no further force and effect, unless Seller and Buyer mutually agree to modify this Contract to address any such issues. B. In connection with the Buyer's ability to conduct its due diligence review mentioned above the Seller hereby grants to Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives, and consultants, a revocable right to enter upon the Property at any time during the Inspection Period, upon two (2) working days prior written notice to the Seller, in order to survey, make test borings, and carry out such other examinations, exploratory work, or settings as may be necessary to complete a Phase I and Phase ❑ Environmental Assessments, or geotechnical assessments, or nondestructive engineering evaluations of the Property, and to store Buyer's property and equipment, upon the following terns and conditions: If the Buyer exceeds its rights granted under this Section or fails to obtain and maintain the insurance required by this Section 17, the Seller may immediately revoke this right of entry. 2. Buyer agrees to be responsible for any and all damages resulting from the activity or activities of Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, on the Property in the exercise of the rights granted under this Section. Buyer shall, at its sole cost, promptly and fully restore any land disturbed by the exercise of the rights under this Section to a condition equal to that existing immediately prior to entry on the Property and to restore any part of the Building that Seller determines was substantially damaged by Buyer's actions if Buyer does not purchase the Property. 3. Buyer agrees and binds itself and its successors and assigns to indemnify, keep and hold the Seller and its officers, agents, employees, volunteers, and representatives free and harmless from any and all liability, claims, causes of action, costs and damages of any type, including reasonable attorney's fees, on account of any injury or damage of any type to any person or property growing out of or directly or indirectly resulting from any act or omission of Buyer in connection with this right of entry, including, but not limited to, Buyer's use of the Property in violation of any provision of this Contract, claims relating to the storage of property by Buyer on the Property, or the exercise of any right or privilege granted by or under this Section 17. In 16 DRAFT DATE: 11. 10.2014 the event that any suit or proceeding shall be brought against the Seller or any of its officers, employees, agents, volunteers, or representatives, at law or in equity, either independently or jointly with Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, on account thereof, Buyer, upon notice given to it by the Seller or any of its officers, employees, agents, volunteers or representatives will pay all costs of defending the Seller or any of its officers, employees, agents, volunteers or representatives in any such action or other proceeding. In the event of any settlement or any final judgment being awarded against the Seller or any of its officers, employees, agents, volunteers or representatives, either independently or jointly with Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, then Buyer will pay such settlement or judgment in full or will comply with such order or decree, pay all costs and expenses of whatsoever nature, including reasonable attorney's fees, and hold the Seller or any of its officers, employees, agents, volunteers or representatives harmless therefrom. 4. Buyer shall, at its sole expense, obtain and maintain, or have its contractors or representatives obtain and maintain, the insurance set forth below. Any required insurance shall be effective prior to the beginning of any work or other performance by Buyer under this Section 17 of this Contract. The following policies and coverages are required: (i) Commercial General Liability. Commercial General Liability insurance, written on an occurrence basis, shall insure against all claims, loss, cost, damage, expense or liability from loss of life or damage or injury to persons or property arising out of Buyer's acts or omissions. The minimum limits of liability for this coverage shall be $2,000,000 combined single limit for any one occurrence. (ii) Contractual Liability. Broad form Contractual Liability insurance shall include the indemnification obligation set forth above. (iii) Workers' Compensation. Workers' Compensation insurance covering Buyer's statutory obligation under the laws of the Commonwealth of Virginia and Employer's Liability insurance shall be maintained for all its employees engaged in work under this Section 17. Minimum limits of liability for Employer's Liability shall be $100,000 bodily injury by accident each 17 DRAFT DATE: 11.10.2014 occurrence; $500,000 bodily injury by disease (policy limit); and $100,000 bodily injury by disease (each employee). With respect to Workers' Compensation coverage, the insurance company shall waive rights of subrogation against the Seller, its officers, employees, agents, volunteers and representatives. (iv) Automobile Liability. The minimum limit of liability for Automobile Liability Insurance shall be $1,000,000 combined single limit applicable to owned or non -owned vehicles used in the perfonnance of any work under Section 17 of this Contract and shall be written on an occurrence basis. 5. The insurance coverages and amounts set forth above may he met by an umbrella liability policy following the form of the underlying primary coverage in a minimum amount of $2,000,000. Should an umbrella liability insurance coverage policy be used, such coverage shall be accompanied by a certificate of endorsement stating that it applies to the specific policy numbers indicated for the insurance providing the coverages required by this section, and it is further agreed that such statement shall be made a part of the certificate of insurance furnished by Buyer to the Seller. 6. All insurance shall also meet the following requirements; unless otherwise agreed to by the City's Risk Manager: (i) Buyer shall furnish the Seller a certificate or certificates of insurance showing the type, amount, effective dates and date of expiration of the policies. All such insurance shall be primary and noncontributory to any insurance or self - insurance the Seller may have. Certificates of insurance shall include any insurance deductibles. (ii) The required certificate or certificates of insurance shall include substantially the following statement: "The insurance covered by this certificate shall not be canceled or materially altered, except after thirty (30) days written notice has been provided to the Risk Management Officer for the City of Roanoke, except for non - payment of premium which shall be ten (10) days" (iii) The required insurance coverages and certificate or certificates of insurance (except with respect to Worker's Compensation and Employers' Liability) shall name the City of Roanoke, its officers, employees, agents, volunteers, and representatives as additional insureds. V DRAFT DATE: 1 1.10.2014 (iv) Where waiver of subrogation is required with respect to any policy of insurance required under this Section 17, such waiver shall be specified on the certificate of insurance. (v) Insurance coverage shall be in a form and with an insurance company approved by the Seller, which approval shall not be withheld unreasonably. Any insurance company providing coverage under this Section 17 shall be authorized to do business in the Commonwealth of Virginia. SECTION 18. NOTICES. All notices hereunder must be in writing and shall be deemed validly given, by personal service, if sent by certified mail, return receipt requested, or by a nationally recognized overnight courier, addressed as follows (or any other address the party to be notified may have designated to the sender by like notice): If to Seller: City of Roanoke, ATTN: City Manager 364 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Fax No. 540- 853 -2333 With a Copy to: City of Roanoke Department of Economic Development ATTN: Economic Development Director 117 Church Avenue, S.W. Roanoke, VA 24011 Fax No. 540-853-1213 If to Buyer: Tazewell Development, LLC ATTN: Lucas Thornton 631 Campbell Avenue, S.E. Roanoke, VA 24013 Fax No. 540- 343 -3640 With a Copy to: R. Neal Keesee, Jr. Woods Rogers PLC Wells Fargo Tower 10 South Jefferson Street Suite 1400 Roanoke, VA 24011 Fax No.: 540- 983 -7711 19 DRAFT DATE: 1 1. 10 2014 Notice shall be deemed delivered upon the date of personal service, two days after deposit in the United States mail, or the day after delivery to a nationally recognized overnight courier. SECTION 19. TIME. Time is of the essence in the performance of the parties' respective obligations in this Contract. SECTION 20. SUCCESSORS AND ASSIGNS. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. SECTION 21. COUNTERPART COPIES. This Contract may be executed in one or more counterparts, and all such counterparts so executed shall constitute one Contract binding on all of the parties hereto, notwithstanding that all of the parties are not signatories to the same counterpart. SECTION 22. CONSTRUCTION. The parties acknowledge that each party and its counsel have reviewed and revised this Contract and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Contract or any amendments or exhibits hereto. SECTION 23. SEVERABILITY AND SURVIVAL. If any term of this Contract is found to be invalid, such invalidity shall not affect the remaining terms of this Contract, which shall continue in full force and effect. The parties intend for the provisions of this Contract to be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable by any court or agency of competent jurisdiction, they shall be deemed modified to the extent necessary to make them enforceable. ALL TERMS AND CONDITIONS OF THIS CONTRACT SHALL SURVIVE CLOSING. SECTION 24. COOPERATION. Each party agrees to cooperate with the other in a reasonable manner to carry out the intent and purpose of this Contract. 20 DRAFT DATE: 1 1.10.2014 SECTION 25. AUTHORITY TO SIGN. The persons who have executed this Contract on behalf of the parties represent and warrant they are duly authorized to execute this Contract on behalf of their respective entity. SECTION 26. NONWAIVER. Each party agrees that any party's waiver or failure to enforce or require performance of any term or condition of this Contract or any party's waiver of any particular breach of this Contract by any other party extends to that instance only. Such waiver or failure is not and shall not be a waiver of any of the terns or conditions of this Contract or a waiver of any other breaches of the Contract by any party and does not bar the non - defaulting party from requiring the defaulting party to comply with all the terns and conditions of this Contract and does not bar the non- defaulting party from asserting any and all rights and /or remedies it has or might have against the defaulting party under this Contract or by law. SECTION 27. FAITH BASED ORGANIZATIONS. Pursuant to Virginia Code Section 2.2.4343.1, be advised that the City does not discriminate against faith -based organizations. SECTION 28. CONFLICT BETWEEN PLANS AND CONTRACT TERMS. Seller and Buyer agree that the provisions of the Plans and other documents provided by Buyer to Seller are intended to be consistent with the terms of this Contract. However, if any of Seller- supplied documents and /or the Plans are in conflict with the terms of this Contract, the parties agree that the terns of this Contract shall control, unless the parties mutually agree otherwise in a writing signed by both parties. SECTION 29. NONDISCRIMINATION. During the performance of this Contract, Buyer agrees as follows: A. Buyer will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Buyer. Buyer agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. B. Buyer in all solicitations or advertisements for employees placed by or on behalf of Buyer will state that Buyer is an equal opportunity employer. 21 DRAFT DATE: 1 1.10.2014 C. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. D. Buyer will include the provisions of the foregoing in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. SECTION 30. DRUG -FREE WORKPLACE. During the performance of this Contract, Buyer agrees to (i) provide a drug -free workplace for Buyer's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of Buyer that Buyer maintains a drug -free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this section, "drug -free workplace" means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract. SECTION 31. COMPLIANCE WITH STATE LAW; FOREIGN AND DOMESTIC BUSINESSES AUTHORIZED TO TRANSACT BUSINESS IN THE COMMONWEALTH OF VIRGINIA. Buyer shall comply with the provisions of Virginia Code Section 2.2-4311.2, as amended, which provides that a contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 or as otherwise required by law. Buyer shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the Contract. Seller may void the Contract if Buyer fails to remain in compliance with the provisions of this section. 22 DRAFT DATE: 1 1.10.2014 SECTION 32. ENTIRE CONTRACT. This Contract, together with the exhibits hereto, contains all representations and the entire understanding between the parties hereto with respect to the subject matter hereof. Any prior correspondence, memoranda, or contracts are replaced in total by this Contract and the exhibits hereto. No amendment to this Contract shall be valid unless made in writing and signed by the appropriate parties. SECTION 33. FORCE MAJEURE. Neither party shall be in default or otherwise liable for any delay in or failure of its performance under this Contract if such delay or failure arises by any reason beyond its reasonable control, including any act of God, any acts of common enemy, the elements, earthquakes, floods, fires, epidemics, riots, strikes, failures or delay in transportation or communication, shortages of material, approval delays or any act or failure to act by the other party or such other party's, employees, agents or contractors; provided, however, that lack of funds shall not be deemed to be a reason beyond a party's reasonable control. The Parties shall promptly inform and consult with each other as to any of the above causes which in their judgment may or could be the cause of a delay in the performance of this Agreement. For purposes of this Contract, any one ( I ) delay caused by any such occurrence shall not be deemed to last longer than four (4) months and the party claiming delay caused by any and all such occurrences shall give the other party written notice of the same within 30 days after the date such claiming party learns of or reasonably should have known of such occurrence. Notwithstanding anything else set forth above, after a total of six (6) months of delays of any type have been claimed by a party as being subject to force majeure, no further delays or claims of any type shall be claimed by such party as being subject to force majeure and /or being an excusable delay. SIGNATURE PAGE TO FOLLOW 23 DRAFT DATE: l 1.10.2014 IN WITNESS WHEREOF, Buyer and Seller have executed this Contract by their authorized representatives. ATTEST: By City Clerk COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to -wit: CITY OF ROANOKE, VIRGINIA Christopher P. Morrill, City Manager The foregoing instrument was acknowledged before me this _day of , 2014, by Christopher P. Morrill, City Manager for the City of Roanoke, Virginia, for and on behalf of said municipal corporation. My commission expires: Notary Public SEAL WITNESS /ATTEST: TAZEWELL, DEVELOPMENT, LLC Lucas Thornton, Manager ' To -Wit: The foregoing instrument was acknowledged before me this _day of , 2014, by Lucas Thornton, Manager of Tazewell Development, LLC, a Virginia limited liability company, for and on behalf of such entity. My commission expires: Notary Public SEAL 24 DRAFT DATE: 11. 10.2014 Approved as to Form: Approved as to Execution: Assistant City Attorney Assistant City Attorney Authorized by Ordinance No. 25 DRAFT DATE: l 1.10.2014 Contract for Purchase and Sale of Real Property dated _ by and between City of Roanoke, Virginia, and Tazewell Development, LLC EXHIBIT 1 DESCRIPTION OF PROPERTY The real property located at 206 Williamson Road, S.E., Roanoke, Virginia 24013 and designated as Roanoke City Tax Map No. 4013803, and containing approximately 0.7748 acres, more or less, being portions of property conveyed to Seller by deeds of (i) Virginia Holding Corporation to Seller dated July 23, 1974, and recorded in the Clerk's Office of the Circuit Court of the City of Roanoke Virginia at Book 1350, Page 457; and (ii) City of Roanoke Redevelopment and Housing Authority to Seller dated December 10, 1974, and recorded in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia at Book 1356, Page 183; together with such rights acquired by, and limitations imposed on, the Property pursuant to Ordinance No. 22138, adopted by the Council of the City of Roanoke on April 7, 1975, a copy of which Ordinance is recorded with the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia at Book 1359, Page 567. The Property is subject to all liens, encumbrances, easements, and restrictions of record. The description of the Property may be amended to reflect the description established by survey in the event that Buyer has the Property surveyed prior to Closing. Contract for Purchase and 26 DRAFT DATE: H. 10.2014 Sale of Real Property dated by and between City of Roanoke, Virginia, and Tazewell Development, LLC EXHIBIT 2 BUYER'S PROPOSAL Contract for Purchase and 27 His`: PARTNERS LLC DEVELOPMENT PROPOSAL August 15, 2014 63t Campbell Ave. S.E., Suite t Roanoke Virginia, 24013 wv x %,.histrepartners.cotn Office: 540- 343 -3640 Fax:j40-344 -4226 The informarion cunramcd in this correspondence is contidennal and /or pmprierary. All in- formation rransmirrcd hnck6rh is intended only ro that group to w1iich iris addressed. If the reader of this message is not the intended recipient, YOU arc hendhy notified that anv review, rerenrion, retransmission, dissemination, distribution, diaclnsurc, n>pying or other use of, or takingofany action in reliance upon rhis informarion is strictly prohibited. Ifyou hate received this Comm Lill iearion in ca mr, please wntact the sender and immediately desnoy'rhis correspon- dence with ana of 1rs attachments. CONTENTS Executive SUmtllary 1 Who We Are: HistRC Partners, LLC 3 Current Conditions & The Downtown Neighborhood Plan 5 PROPOSED DEVFI OPMEN I— PHYSICAL. Form Based Development 7 Bussing Studies, Elevations & Renderings 8 Schematic Floor Plans 15 PROPOSED DFVELOPMEN I --- FINANCIAL Direct & Indirect Benefits 17 Property Information & Valuation 18 Development Sources and Uses 19 Valuation Studv 20 EXECUTIVE SUMMARY Over the course of the last ten years many of Downtown Roanoke's most signifi- cant historic buildings have been repurposed and rehabilitated. This investment of over fifty million dollars has helped create meaningful economic activity in the region and increased the tax base for the city. Because cities in Virginia have a limited ability to expand their physical boundaries, sustainable economic growth will depend on more than returning historic buildings to the tax base. Specifically, we believe, true growth will depend on the city's ability to attract and encourage new construction and infill development on underperforming and vacant lots. Infill development in the city of Roanoke is difficult for three reasons: I. Acquisition costs are high. Many landowners have a low tax basis in their properties and therefore little incentive to sell. 2. New construction projects are ineligible for many enterprise grants and tax abatement programs. ;. I.acking the very significant equity rehabilitation tax credits offer, develop- ers are unsure if market rents can support the cos[ of new construction. Despite these challenges, we believe that we can structure a project which help illustrate the value of downtown real estate, and, we hope, serve as a model for new construction infill projects in Roanoke. Great small cities are defined by their buildings. Accordingly, any proposed project must be measured by more than the immediate economic activity the development entails. While, to be sure, a successful project must be economi- cally propitious and offer a financial return both to the city and to an investor - that return alone is not enough. For a development to provide long term value to the city, it must contribute to and enhance the architecture and character of the whole. A strip mall or a big box rerailor on Jefferson Street might temporar- ily increase the tax base and create jobs but such a development will ultimately detract from the quality of life and character that makes Roanoke such a desir- able place to live. We believe that Roanoke's character, and the high quality of life that it affords, will continue to be the most important drivers of Ion,; term economic growth in the region. To that end, we have placed an emphasis on planning and design and believe the following qualiries distinguish our plan: i. A form based standard seekina contextualizarion over maximum floor area ratios. 2.Variation in all principal facades to simulate the small lot development characteristic of tuentierh- century commercial, vernacular architecture typ- ical in Roanoke. 3. Mixed use occupancies to create an active, multi- purpose, safe street cnvnonment. 4. An integrated civil and landscape plan to slow traffic and encourage pedes- trian activity with a goal to expand the walkable boundaries of Downtown. j.An environmentally sensitive design with green rooftops to serve as a model For sustainable development practices in the futtn'e. We have taken our cues from the cornice designs of buildings along Campbell and the windows and scale from Buildings along Jefferson and we hope this sen- sitivity is evident in our design. As you consider our proposal - and the mean - ingful economic activity that it represents - we hope that you will also evaluate and appreciate our commitment to the context and integrity of the city that we all share, know and love. If you have any questions, please contacr me directly at (540) S29 -2191 or IucasPhist epartners.com. sincerely. Lucas Thornton Managing Member HiscRe Partners, I.LC PA WHO WE ARE: HIST:RE PARTNERS, LLC Lucas Thorn ton conceived the nip PABTN EIt S in 2008 in response to f gle question: How can we, as men of an expanding and increasingly netted global community, recon development so as to design and e a more stable and sustainable vvorlar Our goal is to create and strengthen relationships between disparate develop- ment partners: from municipalities, urban planners and architects, to builders, made contractors and grant programs, to private equity and our clients. Through our efforts, we hope to synchronize development practices to achieve economi- cally propitious investments, ecologically sustainable environments and diverse comnumities. WHAT WE DO • Consn uction Management • Financial Feasibility • Market Research • Consulting • F,nvironmental Impact • Urban Planning • Landscape Planning & Uesign • Historic Tax Credits • Ne-vv Market Tax Credits • Architectural Planning & Design • Construction Feasibility & Budgeting RECENT PROJECTS • THE LAWSON' BUILDING EAST project focused on the rehabilitation ofa25,000 sq. ft. merchandise warehouse in Downtown Roanoke, VA into a mixed use de- velopment with 22 moderate income aparnnents, 2 studio live work units, and a commercial office. Our objectives were to refocus and contrast The complex industrial streetscape with a comprehensive natural planting scheme that em- phasized the site's larger relation to the city. Today TnE LAWSON BUILDING EAST is a stable, thriving community. 3 • In early 2009 we began working with the Innovative Educational Partners to find a suitable, permanent home for the Community High School, an "Urban High School dedicated to critical thinking through the arcs.° Today that rela- tionship has expanded into the mc, LICK IUNCT ION, a mixed use development that connects the I ligh School nor only with the larger Downtown Roanoke Community but with individual partners such as the Taubman Museum of Art and the "Downtown Roanoke School for the Arts." The project also includes 15 residential loft apartments. As with many of our projects, the development of this site required many different partners: from the Virginia Department of Transportation, to Norfolk and Southern, to the National Park Services. • In addition to more comprehensive redevelopment projects, the also offer a va- riety of consulting services. For the s I Uuios ON l IIF SQUAIte, we worked closely with the owner to create a budget and financial proforma fir the redevelopment of 15 at studios and accompanying commercial retail space into ten market -rate apartments. Ultimately this project did not go forward, but for us represents a success. While focusing on the costs and liability of development is never as ex- citing as moving dirt, prorecring an owner's financial interests remains the most significant part ofour business. We believe that a good project must be built on stronu market fundamentals and conservative financial planning. • lie Fore beginning the HISTatF. PAerNEizs, Lucas worked on a number of de- velopnunt projects including more than eight historic rehabilitation projects in both Roanoke, and Richmond Virginia. These projects ranged in size and complexity: from S2,000,000 and owner's representative, to Stsmoo,000 and as- sistant to the site superintendent. Lucas graduated Phi Beta Kappa from the University of Virginia in 2oo6 with dual degrees in political & Social Thought and Philosophy. He was also a menr ber of the Virginia men's varsity rowing club. 41 CURRENT CONDITIONS & THE DOWNTOWN NEIGHBORHOOD PLAN Tax Map Number: 4013303 Physical Address: 2o6 Williamson Rd. SE. Zoning: Property Area: Sq. Footage: Property Use: D 775 Acres 33,753 Vacant - Surface Lot In the adopted Outlook Roanoke neighborhood plan for Downtown, the City of Roanoke identified the Church Avenue Corridor as an opportunity for targeted investment. Specifically the plan noted that while `For much of its length, it is a pedestrian- friendly street" there are significant gaps and empty buildings along it.' Specifically, the plan identified the empty parking lot at the intersec- rion of Church and %Villiamson as an important development site noting char the site terminates the vista of the street, and how a civic building, or well -de- signed building in that location "would provide a visual focus for Church Av- enue, block the view of the expressway, and create a pleasant gareway into the Belmont neighborhood to the east.` In the proposed development, we have sought to preserve the intent of that vi- sion while helping to advance the residential strategies articulated in the plan calling for: -Mixed-Use Development —Thar includes a residential component within mixed -use buildings, either adaptive re -use or new construction.' -The transformation of underutilized or vacant parcels within the down- town area into new infill housing r Outlook Roanoke, Updated 2002, p. 35 z. Outlook Roanoke, Updated zooz, P. 36 3. Outlook Roanoke. Updated zooz, P. 21 4. Outlook Roanoke. Updated zooz, P. 21 5 As Brian Townsend writes in the Roanoke Times Opinion article a Stnacgic Ap- proach to the Reuse of Public Buildings, development and value in a city is complex. A city's wealth is not measured by its balance sheer alone but by the health of its tax base and by its ability to nurture and encourage growth. As he writes: The city's benefit in a real estate transaction, unlike a private property own- er, does not begin and end at the closing table Through property taxes and consumption activity taxes, the city can take a long -term view of the issue of compensation. Furthermore, facilitaring strategic private - sector investment can spur subsequent and adjacent investment that will strengthen the tax base and drive more activity and vibrancy to downtown' We believe the proposed development advances both the city's long term finan- cial goals and the architectural and planning goals established in its compre- hensive plan. s. li r rp: / /%r«iv. roanokc.co m /opinion /co none n tart' /a- strategic -app roach- to -thore use- of public- buildings,iarticic_cac74 499- i7Ga- iic7-9cza- z77oc7R4Gt7.html 11 FORM BASED BUILDING For us, form based development focuses on architectural context and physical form over land use permissibility and maximum floor area ratios. As we consid- ered the challenges of new construction, we began with the streets and buildings most familiar to us: We chose these buildings (a few anion many) as examples of architectural styles and types. From these we abstracted details we felt characteristic of Roanoke: a mix of storefront types, window styles, cornice details, masonry details, quoins, lintels, entablatures, building heights and lot sizes. From this pattern language we then explored possible massings for a structure intended to cover three quar- ters of an acre Throughout the design process we have sought to preserve the small, vertical lot development pictured here while still affording the residential and commercial apartment sizes, types and scale necessary to Create a successful development. The structure we propose, and pictured in the following pages, would have four floors, a concrete and steel skeleton and a painted brick exterior with a variety of different window types and masonry details. The building would simulate small lot development but include: Total Built SF: gn,68i Total Number of Residential Apartments: 69 Total Number of Commercial Storefronts: 4 Total Number of Rentable Commercial Space 8, 314 Total Number of Covered Parking Spaces: 46 s Q 0 < k W, 3 10 ... 4t 12 x= 13 sa 14 L. 1 1 r I 1 A. 113MRVI I NOSRVI111M� Q I i a Z 1 N Q. I is 41ybH, d N v; Nmd aoold aalal oNtl oNOOas Q IM �113M3Ztl18 NOSWtlIIIIM O u 0 Ot .;f 16 PROPOSED DEVELOPMENT — FINANCIAL The additional cost of varied facades makes our effort to preserve the small, ver- tical lot development so characteristic and beloved ofour city difficult— masonry detailing and a variation in the style and types of windows are expensive. While we firmly believe in the long term value of such investments (for us as owners and for downtown as a neighborhood), financing and established market rents set an upward limit on the total amount we can afford to spend. Accordingly, to help ensure our ability to build a quality project, we propose to purchase the property below its current assessed value. Specifically, we propose to make a cash payment to the city of $5o,000.00. In addition we proposed to spend in excess of $7,350,000 to develop the the site and building. Our research shows chat this investment will lead to more than 25 part time construction jobs for a period of two years and 5 full time jobs indefinitely. Finally, and importantly, this development will add ongoing revenues of more than $S4,000 annually to the city's tax base. This we believe more than accounts for the current revenue the city generates operating the property as a surface parking lot. In addition to these direct benefits there are many indirecr benefits to consider. Specifically, this developmenr will: • Establish a precedent for quality urban infill development. • Increase the value of adjoining lots (several of which are city owned). •bring more than coo new residents downtown (with disposable income). • Establish an additional 8,000 SF of new commercial users. • Lead to increased retail and restaurant sales. 17 PROPERTY INFORMATION 18 PER UNIT PER SQ. FT. TOTAL Roanoke Row, 401 .77 acres Williamson Rd. SE Tax ID 4013803 33,750 GIS Gross Area 91,681 GIS Gross Area (Sl') Total SF of proposed new structure(s) 91,681 Toral Adjusted Gross SF Tax Assessed Value (Lot) S- $30.91 $1,043,300 Proposed Acquisition Price $- $0.55 $50,000 II. VALUATION A. AS EXISTING PER UNIT PER SQ. FT. TOTAL Adjusted Gross Income $- $0.66 60,750 Adjusted Gross Expense $- $0.20 18,225 Current Net Operating Income before Debt Service $- S0.46 42,525 Current Market Value at an Exit Cap Rate of 8.50% 500,294 B. AS PROPOSED 2016 PER UNIT PER SQ. FT. TOTAL Adjusted Gross Income $874,039 Adjusted Gross Expense $355,568 Cut I ent Net Operating Intone before Debt Service $518,471 Projected Market Value at an Exit Cap Rate of 8.SOw, $6,099,664 18 DEVELOPMENT SOURCES & USES A. SOURCES OF FUNDS TOTAL SF PRICF PFR SF TOTAL COST Acquisition (total) % OWNERSHIP % OF TOTAL COST TOTAL Class A (Manager) 33.33% 6.08% $450,000 Class B (Members) 66.676 12.15`i% $900,000 Total EdUity 53,262 18.23% $1,350,000 Construction Note 566.04 81.77°% $6,054,610 TOTALSOURCES $80.76 100% $7,404,610 B. USES OF FUNDS TOTAL DEVELOPMENT USES $80.76 100% $7,404,610 19 TOTAL SF PRICF PFR SF TOTAL COST Acquisition (total) 33,750 $1.48 $50,000 SireWork & Landscaping 33,750 $85.00 $225,000 Building Cost 79,503 $79.04 $6,283,610 Residential (inc. Common Area) 53,262 5105.00 $5,592,510 Commercial 8,314 $40.00 $332,560 Parking 17,927 $20.00 5358,540 Total Direct Costs 79,503 $82.50 $6,558,610 OF DIRECT COSTS % OF WHOLE TOTAL COST Architecture, Surveying & Engineering 2.84% 2.S l% $186,000 Fixtures & Furniture 0.40% 0.35 °G, $26,000 Financing 5.85% 5.19% $384,000 Contingency 3.8101, 3.38`1 $250,000 Total Indirect Costs 12.90% 11.43% $846,000 TOTAL DEVELOPMENT USES $80.76 100% $7,404,610 19 IV. VALUATION STUDY A. AS EXISTING Net Operating Income As Existing $42,525 Current Market Value at an Exit Cap Rare of 8.5`% $500,294 Current Tax Assessed Value $1,043,300 TOTAL CURRENT RECEIPTS TO CITY OF ROANOKE $42,525 B. AS PROPOSED 2016 Projected Market Value at an Exit Cap Rate of 8.5 $6,099,664 Projecred'Lax Assessed Value $4,574,748 Projected Tax Receipts at Current Tax Rate of 1.19 $54,439 TOTAL PROJECTED RECEIPTS TO CITY $54,439 OF ROANOKE AFTERDEVELOPMENT TOTAL INCREASE IN PROPERTY VALUE $3,531,448 20 DRAFT DATE: 1 L 10.2014 Sale of Real Property dated by and between City of Roanoke, Virginia, and Tazewell Development, LLC EXHIBIT 3 FORMS OF CASH BOND AND LETTER OF CREDIT Form of Cash Bond CASH ESCROW AGREEMENT This Cash Escrow Agreement is dated 201_, by and between Tazewell Development, LLC, a Virginia limited liability company ( "Developer ") and the City of Roanoke, Virginia, a Virginia municipal corporation ( "City "). RECITALS WHEREAS, Developer and City entered into a Contract for Purchase and Sale of Real Property dated 2014 (the "Contract ") which required security for Developer's compliance with the terns and conditions of the Contract, including completion of the Project in accordance with its plans under the terns of the Contract (the "Performance Security "); and WHEREAS, Developer has elected to post cash, as a cash escrow (the "Cash Escrow ") as the Performance Security; NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein set forth, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, Developer and the City hereby 28 DRAFT DATE: If. 10.2014 agree the above recitals are hereby incorporated into this Cash Escrow Agreement and further agree as follows: The City acknowledges receipt of the Cash Escrow in the amount of Five Hundred Thousand and 00/100 Dollars ($500,000.00), to be invested, held, applied, and /or released in accordance with the terms of this Cash Escrow Agreement. 2. The condition of this Cash Escrow Agreement is that Developer is held and firmly bound to the City in the sum written above as security for Developer's performance of the terms and conditions of the Contract, incorporated herein. Developer acknowledges and agrees that until complete, final, and satisfactory performance of all of Developer's obligations under the Contract, the Developer has no right or interest in the proceeds of the Cash Escrow provided pursuant to this Cash Escrow Agreement. 3. The City shall deposit the proceeds of said Cash Escrow amount with the City Treasurer in an interest- bearing account of the City in an institution insured by FDIC or FSLIC for the tern of the Performance Security as provided in this Cash Escrow Agreement and any approved extensions thereof, provided that the principal sum may be reduced in accordance with the terms of the Contract. In the event that the amount of the Cash Escrow is reduced in accordance with the terms of the Contract, the amount of any such reduction shall be delivered to Developer in accordance with the terns of the Contract. 4. If Developer tails to comply with any of the terms and conditions of the Contract or any of Developer's obligations under the Contract and City therefore has the right to call on the Performance Security as provided in Section 12(A)(3) of the Contract, the City shall have the right to withdraw the principal sum of the Cash Escrow without 29 DRAFT DATE: 1 1.10.2014 notice to Developer or delay in accordance with said Section I2(A)(3) of the Contract, together with any interest earned. 5. Only at such time as the Developer has complied with all terms and conditions and obligations of Developer under the Contract and Developer therefore is no longer obligated to provide Performance Security pursuant to Section 12(A)(1) of the Contract, the Developer shall have the right to receive the Cash Escrow and all accrued interest remaining on deposit and the same shall be released by the City and delivered to the Developer within thirty (30) days following written request by Developer to City. 6. This Cash Escrow Agreement shall be governed by the laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, Developer and City have executed this Cash Escrow Agreement by their authorized representatives. SIGNATURES APPEAR ON FOLLOWING PAGES 30 DRAFT DATE: 1 1.10.2014 Witness /Attest DEVELOPER: TAZEWELL DEVELOPMENT, LLC Lucas Thornton, Manager CITY OF ROANOKE, VIRGINIA: By'- - - Witness /Attest City Clerk Christopher P. Morrill, City Manager Approved as to form City Attorney 31 DRAFT DATE: 11.10.2014 Form of Letter of Credit 201 Irrevocable Standby Letter of Credit Letter of Credit No. Issue Date: Expiry Date: Amount: $500,000.00 (US dollars Five Hundred Thousand and 00 /100) City of Roanoke, Virginia Christopher P. Morrill, City Manager Municipal Building Room 364 215 Church Ave., SW Roanoke, Virginia 24011 Dear Mr. Morrill: We hereby issue this irrevocable standby letter of credit for the above amount in the favor of the City of Roanoke, Virginia, beneficiary, which is available for payment of the beneficiary's sight drafts drawn on bearing the clause "Drawn under Letter of Credit Number " accompanied by the following documents: This Letter of Credit and a certified statement signed by the City Manager or other designated City Official of the City of Roanoke, Virginia, stating that Tazewell Development, LLC (Buyer) has not complied with the terns and conditions of a Contract For Purchase dated , by and between Buyer and the City of Roanoke, Virginia (the Seller or City) and that the amount of funds requested are due to the City based on Buyer's failure to comply with the terns of the Contract For Purchase. This irrevocable letter of credit sets forth in full the terns of our undertaking. This undertaking shall not in any way be modified, amended, or amplified by reference to any document or contract referred to herein. This irrevocable letter of credit shall remain in full force until and including and shall automatically renew itself from year to year thereafter unless and until shall give ninety (90) days prior notice to the City of Roanoke, Virginia, by certified mail, return receipt requested, of its intent to terminate the same at the expiration of the ninety (90) day period. During the last thirty (30) days during which the letter of credit is in full force and effect, the City may draw up to the full amount available under the letter of credit with a draft accompanied by a document stating that Buyer or its agent has not complied with the Contract For Purchase and /or has not provided an acceptable substitute irrevocable letter of credit. 32 DRAFT DATE: 11. 10.2014 We hereby agree with you that draft(s) drawn under and in compliance with the terms and conditions of this letter of credit shall be duly honored if presented together with document(s) as specified and the original of this letter of credit, at our office located at on or before 12:00 noon on the above stated expiry date or any renewal thereof. Except as otherwise expressly started herein, this letter of credit is subject to the Uniform Customs and Practice for Documentary Credits, established by the International Chamber of Commerce, as in effect on the date of issuance of this credit. Sincerely, Name of Bank S 33 The Roanoke Times I Account Number Roanoke,Virginia 6D24225 Affidavit of Publication Date CITY OF ROANOKE November 10,2014 Attn R.Brian Townsend 215 CHURCH AVENUE ROANOKE,VA 24011 Date Category Description Ad Size Total Cost 11/16/2014 Legal Notices PUBLIC HEARING November 17 1 x 68 L 370.08 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 November 1 was published in said newspapers on the following dates: 11/10/2014 The First insertion being given... 11/10/2014 , Newspaper reference: 0000098033 try_a • •Sworn to and subscribed before me this Monday,November 116; , ', V t .1 Notary P is : (ling Repres:�-five State of Virginia City/County of Roanoke My Commission expires __10 ,5[— _ THIS IS NOT A SILL. PLEASE PAY FROM INVOICE. THANK YOU Ariti NOTICE OF PUBLIC HEARING Pursuant to the requirements of Sections 151.1800.8 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 November 17,2014,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 Munldpal Building,215 Church Avenue,S.W.,Roanoke,Virginia,24011, on a proposed Contract for Purchase and Sale of Real Property (Contract) between the City of Roanoke(City)and Tazewell Development. LLC (Buyer). wherein the City proposes to sell to Buyer certain real property located at 21)6 Williamson Road, S.E., Roanoke, Virginia, consisting of 0.7748 acres. together with buildings and improvements thereon, designated as Official Tax Map No.4013803(Property) for the sum of$50,000.00,together with other consideration and performance of other obligations by Buyer. The Property is currently used as a public parking facility that is managed by Park Roanoke. The current assessed value of the Property is $1,043,300.00. Pursuant to the terms of the proposed Contract.Buyer agrees to construct an approximately 91,600 square foot structure,of at least four (4) stories, for commercial and residential uses. The proposed Contract also Includes performance obligations of Buyer and the provision of security for performance by Buyer in the form a cash bond or letter of credit in the amount of$500,000.00. A copy of the proposed Contract 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, November 10, 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.November 13,2014. Given under my hand this 5th day of November,2014. Stephanie M. Moon Reynolds, City Clerk (98033) 'IN NOTICE OF PUBLIC HEARING Pursuant to the requirements of Sections 15.2 - 1800.13 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 November 17, 2014, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, 4ch Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011, on a proposed Contract for Purchase and Sale of Real Property (Contract) between the City of Roanoke (City) and Tazewell Development, LLC (Buyer), wherein the City proposes to sell to Buyer certain real property located at 206 Williamson Road, S.E., Roanoke, Virginia, consisting of 0.7748 acres, together with buildings and improvements thereon, designated as Official Tax Map No. 4013803 (Property) for the sum of $50,000.00, together with other consideration and performance of other obligations by Buyer. The Property is currently used as a public parking facility that is managed by Park Roanoke. The current assessed value of the Property is $1,043,300.00. Pursuant to the terms of the proposed Contract, Buyer agrees to construct an approximately 91,600 square foot structure, of at least four (4) stories, for commercial and residential uses. The proposed Contract also includes performance obligations of Buyer and the provision of security for performance by Buyer in the form a cash bond or letter of credit in the amount of $500,000.00. A copy of the proposed Contract 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, November 10, 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, November 13, 2014. Given under my hand this 5thday of November, 2014. Stephanie M. Moon Reynolds, City Clerk Note to Publisher: Please publish once in the Roanoke Times, legal notices, on Monday, November 10, 2014. Please send bill to: R. Brian Townsend, Assistant City Manager For Community Development 215 Church Avenue, S.W., Room 364 Roanoke, Virginia, 24011 Please send affidavit of publication to: Stephanie M. Moon Reynolds, City Clerk 4 1 Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 456 Roanoke, Virginia, 24011 STEPHANIE M. MOON REYNOLDS, MMC City Clerk Christopher P. Morrill City Manager Roanoke, Virginia Dear Mr. Morrill: CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerk@romiokeva.gov November 18, 2014 JONATHAN E. CRAFT, CMC Deputy City Clerk CECELIA T. WEBB, CMC Assistant City Clerk I am enclosing copy of Resolution No. 40113 - 111714 authorizing the proper City officials to make a boundary amendment to the City's Enterprise Zone Two that will delete certain areas currently within it; authorizing the City Manager to apply to the Virginia Department of Housing and Community Development (VDHCD) for approval of such boundary amendment; and authorizing the City Manager to take such further action as may be necessary to obtain and implement such boundary amendment. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 17, 2014; and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon Rey�tAlds, City Clerk Enclosure PC: Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Barbara A. Dameron, Director of Finance Drew Harmon, Municipal Auditor R. Brian Townsend, Assistant City Manager for Community Development Wayne Bowers, Director of Economic Development Robert Ledger, Economic Development Manager Specialist Brandon Turner, Economic Development Specialist IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of November, 2014. No. 40113- 111714. A RESOLUTION authorizing the proper City officials to make a boundary amendment to the City's Enterprise Zone Two that will delete certain areas currently within it; authorizing the City Manager to apply to the Virginia Department of Housing and Community Development (VDHCD) for approval of such boundary amendment; and authorizing the City Manager to take such further action as may be necessary to obtain and implement such boundary amendment. WHEREAS, the State has notified localities that any Enterprise Zone that expires on December 31, 2015, is not likely to be renewed. Enterprise Zone Two will expire on December 31, 2015, and it is not anticipated to be renewed, thereby eliminating program eligibility for all current property owners and business owners in Enterprise Zone Two; WHEREAS, there are certain areas currently located within the City's Enterprise Zone Two that would benefit by deleting them from Enterprise Zone Two and including such areas within Enterprise Zone One A's Subzone B; WHEREAS, the deletion of certain areas as part of the City's Enterprise Zone Two, as set forth above, has a potential to continue to stimulate significant private sector investment within the City in Enterprise Zone One A's Subzone B to which such businesses will be redesignated and industrial investment can continue in the area; and 1 WHEREAS, this Council, acting in its capacity as the governing body of the City of Roanoke, has held a public hearing on the above mentioned proposed boundary amendment, at which public hearing citizens and parties in interest were afforded an opportunity to be heard on such proposed boundary amendment to Enterprise Zone Two. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke is hereby applying for an amendment to the City's Enterprise Zane Two, which amendment will delete certain areas currently within such Zone area. Such boundary amendment is more fully shown on the map(s) attached to the City Council Agenda Report dated November 17, 2014, and more fully described in such Report. 2. The City Manager is hereby authorized to apply, on behalf of the City, to the VDHCD for the above mentioned boundary amendment to the City's existing Enterprise Zone Two pursuant to the applicable provisions of the Virginia Enterprise Zone Grant Act, as amended, which boundary amendment will delete certain areas curTently within Enterprise Zone Two, all as more fully set forth in the above mentioned Agenda Report. 3. Council hereby certifies that it held a public hearing as required by the Virginia Enterprise Zone Grant Act Regulations. 4. The City Manager is authorized to submit to the VDHCD all information necessary for the application for the boundary amendment to the City's Enterprise Zone Two for the Department's review and consideration and to take such further action as may be necessary and /or execute any additional documents as may be necessary to meet other program requirements or to establish the boundary amendment as set forth above. The City Clerk is 2 authorized to execute and attest any documents that may be necessary or required for the application or for the provision of such information. Such authority shall continue throughout the life of such Zone Two. 5. Any such approved boundary amendment will be retroactive to the date as provided by such approval from the VDHCD. 3 ATTEST: City Clerk. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 17, 2014 Subject: Approval of Amendment Application for the Boundary of Enterprise Zone Two Background: Since the designation of the City Enterprise Zones, both Enterprise Zone One A and Enterprise Zone Two and their Subzones have had amendments to their zone boundaries and local incentives. In accordance with state regulations regarding boundary deletions, each zone can have a maximum acreage deletion of fifteen percent (15%) of the current zone size. Enterprise Zone Two and its Subzones are eligible for such acreage deletions. In an effort to best utilize Enterprise Zone incentives, City staff recommends boundary amendments set forth below that would delete 26 acres from Zone Two; approximately 19 acres of this proposed deletion would then be amended into Enterprise Zone One A's Subzone B. Such transitions between acreages in the Enterprise Zones are in anticipation of the expiration of Enterprise Zone Two on December 31, 2015, and that the State will not renew Zone Two. Considerations: The Zone Two boundary deletion of approximately 26 acres consists of property located to the northeast side of Berkley Road N.E., adjacent to the Norfolk Southern railroad tracks, northeast and south of Glade View Drive, N.E. between Berkley Road, N.E. and south of Dogwood Hill Road, N.E. Deleting the above properties from the City's Enterprise Zone Two will create additional opportunities for utilizing the program for other areas of the City where growth and revitalization are anticipated; amending 19 acres of this deletion into Enterprise Zone One A's Subzone B will allow for several expanding industrial facilities to remain in a zone after Zone Two's expiration on December 31, 2015. A map showing the boundary deletion amendment is attached hereto and has been on file in the City Clerk's Office (Attachment 1) (The blue box represents the boundary deletions from Zone Two). In accordance with the Virginia Department of Housing and Community Development's Virginia Enterprise Zone Program regulations, the local governing body must hold at least one public hearing affording citizens and interested parties an opportunity to be heard before submitting an amendment application to the Department for consideration. Such public hearing is being held at Council's regular 7:00 p.m. meeting on November 17, 2014. Upon approval by City Council, the boundary amendments will be submitted to the Virginia Department of Housing and Community Development (VDHCD). Such amendments are subject to approval by the VDHCD. If approved, the amendments will be retroactive to a date approved by the VDHCD. Recommended Action: Absent comments at the public hearing requiring further consideration, City Council adopt the appropriate measures to modify, as set forth above, the boundaries of Enterprise Zone Two, subject to approval by the VDHCD, with an effective date retroactive to a date approved by the VDHCD, as set forth above (Note: Council will first act on deletions from Enterprise Zone Two since some of this acreage will be amended into Enterprise Zone One A and its Subzone B). Furthermore, City Council authorize the City Manager to apply to the VDHCD for approval of the above mentioned amendments and to take such further action and /or to execute such additional documents as may be needed to obtain or confirm such amendments and to meet the Program requirements throughout the life of the Zones. City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Wayne Bowers, Director, Economic Development Brandon S. Turner, Econ. Develop. Specialist, Economic Development E qly of Salem ,Enterprise Zone Two in Subzone A� PG a �Q o 1 O f 1 HERSHBER04 ME�ROSEgVE r° �r s U N ORANGEAVE a Enterprise Zone Two Subzone B / ELM AVE Enterprise Zone Two Proposed 2014 Changes a l PJ� ppP Town al Vinton CITY OF ROANOKE Enterprise Zone Two 0 0.25 0.5 1 oMiles w e Delete nnvcxurzoe III m1Mn onre The Roanoke Times Account Number Roanoke,Virginia 6024677 Affidavit of Publication Date ROANOKE CITY DEPT OF ECONOMIC DEVELOP November 21, 2014 117 CHURCH AVE SW ROANOKE VA 24011 Date Category Description Ad Size Total Cost 11/10/2014 C-Legal Ads- NOTICE OF PUBLIC HEARING 2 x 14.50 4082.88 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: 11/03/2014, 11/10/2014 APO E STgT 0S 6NW e? t3`M Eq� i REGISTRATION NO. 7049823 The First insertion being given ... 11/03/2014 = '.Myo MM.EXPIRES: Newspaper reference: 95911 ti°`.7ARY vatP //q////011101,.: 3%>vv`` Sworn to and subscribed before me this Friday, November 21, 2014 o ary Publit =i n. Rein-en -five State of Virginia City/County of Roanoke My Commission expires LfI, ) I G THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU NOTICE OF PUBLIC ��.��.��.��.///eee D.To amend the boundaries of Enterprise Zone One A and its Subeene B by adding INGadditional acreage as indicted below: Notice is hereby given that the Council of the City of Roanoke wit hold a public hearing on the 1.To add to the current Zone One A approximately 1 acre consisting of properly located at matters set forth below at its regular meeting to be held n Monday,November f 7,2014, the northeast intersection of Winchester Avenue,S.W.and Main Street,SW.and north of Wiley commencing at 700 p.m.,local time,or as soon thereafter as the matters may be heard,in Drive,SW with Tax Map number 1121401. This addition will incorporate property that is to the Council Chamber,4th Floor,Room 450,in the Noel C.Taylor Municipal Building,215 Church I be redeveloped into active commercial use.This properly will be made contiguous to property Avenue,SW.,Roanoke,Virginia. Further information is available in the Office of the City Clerk, already located in Zone One A.This property is Zoned Mixed Use Planned Unit Development. (540)853-2541,or from Brandon S.Turner,Economic Development Specialist,(540)853-5405. 2.To add to the current Zone One A's Subrone 8 approximately 19 acres consisting of property Pursuant to the provisions of the Virginia Enterprise Zone Grant Act,Sections 59.1-538,et seq., located northeast and south of Glade View Dave,N.E.between Berkley Road,D.E.and south Code of Virginia(1950),as amended,the City of Roanoke proposes to make applications tome of Dogwood Hill Road,N.E.with Tai Map numbers 7050107 be deleted and 7050108.This addition will Virginia Department of Housing and Community Development for the matters set forth below. incorporate key existing industrial December facilities which will be deleted from Zone made in anticipation of Zone Two's expiration on December 31,2015. This properly will be made contiguous to A.To amend the boundaries of Enterprise Zone One A end its Sedaane B by deleting property already located in Zone One A's Subzone B.This property is zoned Light Industrial. acreage as indicated below: D.To amend the Façade Grant incentive available within Enterprise Zone One A: 1,To delete from Zane One A approximately 13 acres consisting of properties in the downtown area,including properties fronting the north side of Shenandoah Avenue,N.W.between 2nd N.T3 542- paragraph 806, number 4 it Ordinance Na.arag2-071904,as amended by Ordinance Street,NW.and Jefferson Street,N.W.,to the north of Salem Avenue,S.W.to the east of 1s1 No.37542-091806,and replace with the folloWing paragraph: Street,S.W.and along the south of Norio*Avenue,S.W and north of Salem Avenue,S.E.,along Luck Avenue,S.W.in the 400 block and to the east of 2nd Street,S.W.,along the east of Franklin The City will provide the the nhance Economic Development potent in , the City of One A Road,S.W.between Marshall Avenue,S.W.and north of Elm Avenue,SW,along Day Avenue, Virginia,(Eaca a grants EDA can enhance economic is wnek development in older authorized ri Zone to A make S.W in the northwest,northeast,and southwest corners of its intersection with 1st Street,S.W Providing facade grants to a business firm,property owner;or leaseholder authorized fo make tothe north of BPIIhtAvenue,S.E.between Jefferson Street,S.E.and Williamson Road,SE.,to improvements,of one-third of any building facade renovation costs for those facades in need of the north of Church Avenue,S.E.in the 0ank and south of Church Avenue,SE.at 106 Franklin renovation that visually improves the facade(an eligible facade being the portion of artyondary, Road,S.E.,and propereesat 348 CampbellAvenue,$.W.and 106 Franklin Road,S.E.which have entrancnothebuidi o;abumxpcan aive4oire th nedconiibs fae de;i.e.a braseco aced the Tax Map numbers 1010502,1011306,1012407,1012409,1012410,1012414,1012601, entrance to the building;ato building a can have more a than one eligible facade;is.a Zone One A up o 1013002,1013004,1013005,1013007,1013201,1013307,1013314,1020310,1020501, an a comer is considered to have two facades)5,a 0)per within h a total to y arty llnc A up or 1020502,1020503,1020504,2013606,2014201,4010118,4010121,4011308,4013317, a is pro ra mTweotyiw a Hund a dThors and5,90r per 100,0 cosh a u s yearly allocation for 4013318,4013319,4013320,4015003,401694,4011913.The deletion consists of acreage this program of at least mixed-use One use coot Thousand with h no Dollars(30an 801.The e b for such building owned by entities which are excluded from zone benefit eligibility,are being utilized for purposes fret siecanmurpises(hetl-uafeommrredto in this more than 80%oithe suiloimmeriiaused which are not eligible for zone benefits,and properties which are unlikely to be developed.The Podustrtleuse The avail @ereatthi refonin a ine is romanceas I,2004,through December area area is zoned Downtown. industrial use.The availability of this local incentive is from January 1,20M,m00uAh December 31,293,at which time the Enterprise Zone One A designation will end,unless otherwise modified 2.To delete from Zone One Aapproximatwy 4.5 acres of properties to the east and west of 10th Council. The City Manager shall establish appropriate rules and regulations necessary to Street,S.W.between Jackson Avenue,S.W.and Norfolk Avenue,S.W.,along the south of Salem implement this local incentive. Avenue,S.W.between 8th Street,S.W.and 7th Street,S.W.,along the west of 6th Sheet,S.W. south of Campbell Avenue,S.W.,and property south of Campbell Avenue,S.W.In the 900 block 2.This amended paragraph updates the name acheeadingz"ofaclothe One Hundred ed Thousand which Nye a Tasr, numbers 1110201 1 Authority',specifies the yearly funding allocation reading"of at least One Hundred Thousand 1111713;51 t0Y,�t11919,1113303 J 74: ' is 11199 11 Dollars 019,000y',and allows for a property to appy for a single facade grant that may be entities which are excluded from zone benaMdip @iliryaare utilizeeddforts of age ' utilized an multiple facades by stating"a building eanhave more than one eligible facade;i.e.a the property ineligible.The property is zoned Downtown Heavy Industrial,amend Mixed Use building located an a corner is considered to have two facades". 3.To delete from Zone One A's Subzone B approximately 14 acres consisting of properties located within Roanoke Centre for Industry and Technology and Statesman Industrial Park r copy of the maps,a list of Tax Map numbers of the d in properties invoked an in the Two amendments between west of Lynn Brae Road,N.E.and east of properties a referred s are available taopal incentives cogently offered in Zone One A and Economic Two fop ant and Nicholas Avenue,N.E.,with Tax Map numbers 7150109,720006,7E 0105.The Drive, n Subronat 11e Church for Avenue,public inspection e,the City's 24011, hone of number(i4)8535405. consists of property owed by the City of Roanoke which is utilized for utility easements and is offices at 117 Church Avenue,Turner at the above Virginia 24011,phone number(510)8515105. not easily developable.The property is zoned Light Industrial. Please contact Brandon S.Turner at the above number if you want to see if a specific piece of property is involved in this matter. B.To emend the boundaries of EMwpej Zone Two by deleting acreage as Om indicated below. A copy of maps and other documents describing the proposed area of the Enterprise Zone O A and Enterprise Zone Two amendments,and the other matters referred to above,are on file and 1.TO delete from Zane Two appmximatety7nres consisting of property located to one northeast may by reviewed by the public in the Office of the City Clerk,Room 456,Noel C.Taylor Municipal side of Bentley Road N.E.,adjacent to the Norfolk Southern railroad tacks with Tax Map number Building,215 Church Avenue,SW,Roanoke,Virginia 24011 during business hours. 700111.This deletion is eliminating an established structure which Is likely riot to utilize zone benefits.This property is zoned Light Industrial. All parties and interested citizens may appear on the above date and be h ari on these matters. If you are a parson with a disability who needs accommodations for this hearing,posse contact 2.To delete from Zone Two approximately 19 acres consisting of property located northeast and me City Clerk's Office,at 1510)90-2541,before 12.90 noon on me Thursday before the date south of Glade View Drive,N.E.between Berkley Road,N.E.and south of Dogwood Hill Road,N.E. of the hearing listed above. with Tax Map numbers 7050107 and 70019.This deletion Is due tote anticipated expiration GIVEN under my hand this 30th day of October,2014 ' of Enterprise Zone Two on December 31,2015,and that the state will not renew Zone Two.This property is proposed to be amended into Enterprise Zone One A's Subzone B.This properly is zoned (2/it.�.omew/la zoned Light Industrial. Stephanie M.Moan CMC City Clerk(e N4 NOTICE OF PUBLIC HEARING Notice is hereby given that the Council of the City of Roanoke will hold a public hearing on the matters set forth below at its regular meeting to be held on Monday, November 17, 2014, commencing at 7:00 p.m., local time, or as soon thereafter as the matters may be heard, in the Council Chamber, 4th Floor, Room 450, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Further information is available in the Office of the City Clerk, (540) 853 -2541, or from Brandon S. Turner, Economic Development Specialist, (540) 853 -5405. Pursuant to the provisions of the Virginia Enterprise Zone Grant Act, Sections 59.1 -538, et seq., Code of Virginia (1950), as amended, the City of Roanoke proposes to make applications to the Virginia Department of Housing and Community Development for the matters set forth below. A. To amend the boundaries of Enterprise Zone One A and its Subzone B by deleting acreage as indicated below: 1. To delete from Zone One A approximately 13 acres consisting of properties in the downtown area, including properties fronting the north side of Shenandoah Avenue, N.W. between 2nd Street, N.W. and Jefferson Street, N.W., to the north of Salem Avenue, S.W. to the east of 1st Street, S.W. and along the south of Norfolk Avenue, S.W. and north of Salem Avenue, S.E., along Luck Avenue, S.W. in the 400 block and to the east of 2 "d Street, S.W., along the east of Franklin Road, S.W. between Marshall Avenue, S.W. and north of Elm Avenue, S.W., along Day Avenue, S.W. in the northwest, northeast, and southwest corners of its intersection with 1" Street, S.W., to the north of Bullitt Avenue, S.E. between Jefferson Street, S.E. and Williamson Road, S.E., to the north of Church Avenue, S.E. in the 0 block and south of Church Avenue, S.E. at 106 Franklin Road, S.E., and properties at 348 Campbell Avenue, S.W. and 106 Franklin Road, S.E. which have the Tax Map numbers 1010502, 1011306, 1012407, 1012409, 1012410, 1012414, 1012601, 1013002, 1013004, 1013005, 1013007, 1013201, 1013307, 1013314, 1020310, 1020501, 1020502, 1020503, 1020504, 2013606, 2014201, 4010118, 4010121, 4011308, 4013317, 4013318, 4013319, 4013320, 4015003, 4016004, 4011913. The deletion consists of acreage owned by entities which are excluded from zone benefit eligibility, are being utilized for purposes which are not eligible for zone benefits, and properties which are unlikely to be developed. The area is zoned Downtown. 2. To delete from Zone One A approximately 4.5 acres of properties to the east and west of 10th Street, S.W. between Jackson Avenue, S.W. and Norfolk Avenue, S.W., along the south of Salem Avenue, S.W. between 8th Street, S.W. and 7th Street, S.W., along the west of 6th Street, S.W. south of Campbell Avenue, S.W., and property south of Campbell Avenue, S.W. in the 900 block which have the Tax Map numbers 1110201, 1110203, 1110204, 1110205, 1110209, 1110213, 1111713, 1113102, 1113103, 1113303, 1113304. The deletion consists of acreage owned by entities which are excluded from zone benefit eligibility or are utilized for purposes which render the property ineligible. The property is zoned Downtown, Heavy Industrial, and Mixed - Use. To delete from Zone One A's Subzone B approximately 14 acres consisting of properties located within Roanoke Centre for Industry and Technology and Statesman Industrial Park between west of Lynn Brae Road, N.E. and east of properties adjacent to Seibel Drive, N.E. and Nicholas Avenue, N.E., with Tax Map numbers 7150109, 7200106, 7210105. The deletion consists of property owned by the City of Roanoke which is utilized for utility easements and is not easily developable. The property is zoned Light Industrial. B. To amend the boundaries of Enterprise Zone Two by deleting acreage as indicated below: 1. To delete from Zone Two approximately 7 acres consisting of property located to the northeast side of Berkley Road N.E., adjacent to the Norfolk Southern railroad tracks with Tax Map number 7050111. This deletion is eliminating an established structure which is likely not to utilize zone benefits. This property is zoned Light Industrial. 2. To delete from Zone Two approximately 19 acres consisting of property located northeast and south of Glade View Drive, N.E. between Berkley Road, N.E. and south of Dogwood Hill Road, N.E. with Tax Map numbers 7050107 and 7050108. This deletion is due to the anticipated expiration of Enterprise Zone Two on December 31, 2015, and that the state will not renew Zone Two. This property is proposed to be amended into Enterprise Zone One A's Subzone B. This property is zoned Light Industrial. C. To amend the boundaries of Enterprise Zone One A and its Subzone B by adding additional acreage as indicated below: 1. To add to the current Zone One A approximately 1 acre consisting of property located at the northeast intersection of Winchester Avenue, S.W. and Main Street, S.W. and north of Wiley Drive, S.W. with Tax Map number 1121401. This addition will incorporate property that is to be redeveloped into active commercial use. This property will be made contiguous to property already located in Zone One A. This property is zoned Mixed Use Planned Unit Development. 2. To add to the current Zone One A's Subzone B approximately 19 acres consisting of property located northeast and south of Glade View Drive, N.E. between Berkley Road, N.E. and south of Dogwood Hill Road, N.E. with Tax Map numbers 7050107 and 7050108. This addition will incorporate key existing industrial facilities which will be deleted from Zone Two in anticipation of Zone Two's expiration on December 31, 2015. This property will be made contiguous to property already located in Zone One A's Subzone B. This property is zoned Light Industrial. D. To amend the Facade Grant incentive available within Enterprise Zone One A: 1. To delete paragraph number 4 in Ordinance No. 36782 - 071904, as amended by Ordinance No. 37542- 091806, and replace with the following paragraph: The City will provide funds to the Economic Development Authority of the City of Roanoke, Virginia, (EDA) so that the EDA can enhance economic development in Enterprise Zone One A by providing fagade grants to a business firm, property owner, or leaseholder authorized to make improvements, of one -third of any building fagade renovation costs for those facades in need of renovation that visually improves the fagade (an eligible fagade being the portion of any exterior elevation which faces or abuts a public right -of -way and contains the principal, or a secondary, entrance to the building; a building can have more than one eligible facade; i.e. a building located on a corner is considered to have two facades) of a building within Enterprise Zone One A up to a maximum of Twenty -five Thousand Dollars ($25,000) per grant with a total yearly allocation for this program of at least One Hundred Thousand Dollars ($100,000). The uses for such building are to be commercial, mixed -use commercial with no more than 80% of the building being used for residential purposes (hereinafter referred to in this ordinance as "mixed - use commercial "), or industrial use. The availability of this local incentive is from January 1, 2004, through December 31, 2023, at which time the Enterprise Zone One A designation will end, unless otherwise modified by Council. The City Manager shall establish appropriate rules and regulations necessary to implement this local incentive. 2. This amended paragraph updates the name of the organization to the "Economic Development Authority ", specifies the yearly funding allocation reading "of at least One Hundred Thousand Dollars ($100,000) ", and allows for a property to apply for a single facade grant that may be utilized on multiple facades by stating "a building can have more than one eligible facade; i.e. a building located on a corner is considered to have two facades ". A copy of the maps, a list of Tax Map numbers of the properties involved in the amendments referred to above, and the local incentives currently offered in Zone One A and Zone Two and their Subzones are available for public inspection in the City's Department of Economic Development offices at 117 Church Avenue, S.W., Roanoke, Virginia 24011, phone number (540) 853 -5405. Please contact Brandon S. Turner at the above number if you want to see if a specific piece of property is involved in this matter. A copy of maps and other documents describing the proposed area of the Enterprise Zone One A and Enterprise Zone Two amendments, and the other matters referred to above, are on file and may be reviewed by the public in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011 during business hours. All parties and interested citizens may appear on the above date and be heard on these matters. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at (540) 853 -2541, before 12:00 noon on the Thursday before the date of the hearing listed above. GIVEN under my hand this 30th day of October, 2014 Stephanie M. Moon Reynolds, CIVIC City Clerk Note to Publisher: Please publish twice in the Legal Notice section of The Roanoke Times, once on Monday, November 3, 2014, and once on Monday, November 10, 2014. Send Publisher's Affidavit: Send Bill to: City Clerk Rob Ledger 456 Noel C. Taylor Municipal Building Economic Development Manager 215 Church Avenue, S.W. Department of Economic Development Roanoke, VA 24011 City of Roanoke 117 Church Avenue, S.W. Roanoke, VA 24011 CITY OF ROANOKE INTERDEPARTMENTAL COMMUNICATION OFFICE OF THE CITY ATTORNEY DATE: October 30, 2014 TO: Stephanie M. Moon Reynolds, City Clerk FROM: Laura M. Carini, Assistant City Attorney 4L, SUBJECT: Public Hearing on Boundary Amendments to the City's Enterprise Zone One A and Its Subzone B, and to Enterprise Zone Two. The above Public Hearing is scheduled for the Council Meeting on Monday, November 17, 2014, at 7:00 p.m. The advertisement for the Public Hearing indicates that certain items will be available in the City Clerk's Office for review and /or inspection by the public. Accordingly, I am attaching copies of the documents you can make available for public inspection should anyone request such information. Such copies are as follows: A Draft Application dated November 3, 2014, to DHCD for Boundary Amendments to the City's Enterprise Zone One A and its Subzone B. A. A letter dated October 27, 2014, to Property /Business Owners showing the Tax Map numbers and Property addresses of the properties to be deleted from Enterprise Zone One A or its Subzone B. B. A letter dated October 27, 2014, to Property /Business Owners showing the Tax Map numbers and Property addresses of the properties to be deleted from Enterprise Zone Two and amended into Enterprise Zone One A or its Subzone B. C. One map relating to Enterprise Zone One A and its Noncontiguous Subzone B. A Draft Application dated November 3, 2014, to DCHD for Boundary Amendments to the City's Enterprise Zone Two. A. A letter dated October 27, 2014, to Property /Business Owners showing the Tax Map numbers and Property addresses of the properties to be deleted from Enterprise Zone Two. Stephanie M. Moon Reynolds, City Clerk 10/30/2014 Page 2 B. A letter dated October 27, 2014, to Property /Business Owners showing the Tax Map numbers and Property addresses of the properties to be deleted from Enterprise Zone Two and amended into Enterprise Zone One A or its Subzone B. C. One map relating to Enterprise Zone Two. A Draft Resolution amending the boundaries to the City's Enterprise Zone One A and its Subzone B that will delete certain areas currently within them; that will add certain areas not currently within them to Enterprise Zone One A and its Subzone B. 4. A Draft Resolution amending the boundaries to the City's Enterprise Zone Two that will delete certain areas within it. 5. A Draft Ordinance modifying certain local incentives for Enterprise Zone One A. If anyone has any questions about this matter or needs more information, please refer them to Brandon Turner at (540) 853 -5405. Let me know if you have any questions. Thank you for your help on this matter. cc: (Memorandum only) R. Brian Townsend, Assistant City Manager of Community Development Wayne Bowers, Director of Economic Development Robert Ledger, Economic Development Manager Brandon Turner, Economic Development Specialist Daniel J. Callaghan, City Attorney Memo to Stephanie sending EZ package 10.30.14.doc Draft 11/3/2014 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA A RESOLUTION authorizing the proper City officials to make a boundary amendment to the City's Enterprise Zone Two that will delete certain areas within it; authorizing the City Manager to apply to the Virginia Department of Housing and Community Development (VDHCD) for approval of such boundary amendment; and authorizing the City Manager to take such further action as may be necessary to obtain and implement such boundary amendment. WHEREAS, the State has notified localities that any Enterprise Zone that expires on December 31, 2015, is not likely to be renewed. Enterprise Zone Two will expire on December 31, 2015, and it is not anticipated to be renewed, thereby eliminating program eligibility for all current property owners and business owners in Enterprise Zone Two; WHEREAS, there are certain areas currently located within the City's Enterprise Zone Two that would benefit by deleting them from Enterprise Zone Two and including such areas within Enterprise Zone One A's Subzone B; WHEREAS, the deletion of certain areas as part of the City's Enterprise Zone Two, as set forth above, has a potential to continue to stimulate significant private sector investment within the City in Enterprise Zone One A's Subzone B to which such businesses will be redesignated and industrial investment can continue in the area; and 1 Draft 11/3/2014 WHEREAS, this Council, acting in its capacity as the governing body of the City of Roanoke, has held a public hearing on the above mentioned proposed boundary amendment, at which public hearing citizens and parties in interest were afforded an opportunity to be heard on such proposed boundary amendment to Enterprise Zone Two. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke is hereby applying for an amendment to the City's Enterprise Zone Two, which amendment will delete certain areas currently within such Zone area. Such boundary amendment is more fully shown on the map(s) attached to the City Council Agenda Report dated November 17, 2014, and more fully described in such Report. 2. The City Manager is hereby authorized to apply, on behalf of the City, to the VDHCD for the above mentioned boundary amendment to the City's existing Enterprise Zone Two pursuant to the applicable provisions of the Virginia Enterprise Zone Grant Act, as amended, which boundary amendment will delete certain areas currently within Enterprise Zone Two, all as more fully set forth in the above mentioned Agenda Report. 3. Council hereby certifies that it held a public hearing as required by the Virginia Enterprise Zone Grant Act Regulations. 4. The City Manager is authorized to submit to the VDHCD all information necessary for the application for the boundary amendment to the City's Enterprise Zone Two for the Department's review and consideration and to take such further action as may be necessary and /or execute any additional documents as may be necessary to meet other program requirements or to establish the boundary amendment as set forth above. The City Clerk is 2 Draft 11/3/2014 authorized to execute and attest any documents that may be necessary or required for the application or for the provision of such information. Such authority shall continue throughout the life of such Zone Two. 5. Any such approved boundary amendment will be retroactive to the date as provided by such approval from the VDHCD. 3 ATTEST: City Clerk. Draft 11/3/2014 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA A RESOLUTION authorizing the proper City officials to make boundary amendments to the City's Enterprise Zone One A and its Subzone B that will delete certain areas currently within them; that will add certain areas not currently within them to Enterprise Zone One A and its Subzone B; authorizing the City Manager to apply to the Virginia Department of Housing and Community Development (VDHCD) for approval of such boundary amendments; and authorizing the City Manager to take such further action as may be necessary to obtain and implement such boundary amendments. WHEREAS, there are certain areas currently located within the City's Enterprise Zone One A and its Subzone B that are not utilizing and are not benefiting from the inclusion of such areas within such Zone areas; WHEREAS, there are certain areas currently located outside the City's Enterprise Zone One A and its Subzone B that are contiguous to them that are not currently a part of such Zone areas, but that can be added to them and that will benefit from the designation of those additional areas as part of such Zone areas, as set forth in the City Council Agenda Report dated November 17, 2014; WHEREAS, the Virginia Enterprise Zone Grant Act of 2005, as amended, authorizes the amendment of existing Enterprise Zone areas to delete and to add areas to such Zone and its noncontiguous Subzones, thereby making qualified business firms within such areas eligible for Enterprise Zone benefits; 1 Draft 11/3/2014 WHEREAS, the deletion of certain areas and the addition of certain areas as part of the City's Enterprise Zone One A and its Subzones B, as set forth above, has a potential to stimulate significant private sector investment within the City in areas where such business and industrial growth could result in much needed growth and revitalization; and WHEREAS, this Council, acting in its capacity as the governing body of the City of Roanoke, has held a public hearing on the above mentioned proposed boundary amendments, at which public hearing citizens and parties in interest were afforded an opportunity to be heard on such proposed boundary amendments to Enterprise Zone One A and its Subzone B. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke is hereby applying for amendments to the City's Enterprise Zone One A and its Subzone B, which amendments will delete certain areas currently within Zone One A and its Subzone B and which will add to Zone One A and its Subzone B additional areas which are currently outside such Zone areas. Such amendments are more fully shown on the map(s) attached to the City Council Agenda Report dated November 17, 2014, and more fully described in such Report. 2. The City Manager is hereby authorized to apply, on behalf of the City, to the VDHCD for the above mentioned boundary amendments to the City's existing Enterprise Zone One A and its Subzone B pursuant to the applicable provisions of the Virginia Enterprise Zone Grant Act, as amended, which boundary amendments will delete certain areas currently within Zone One A and its Subzone B, and add to Zone One A and its Subzone B certain areas not currently within them, all as more fully set forth in the above mentioned Agenda Report. 2 Draft 11/3/2014 3. Council hereby certifies that it held a public hearing as required by the Virginia Enterprise Zone Grant Act Regulations. 4. The City Manager is authorized to submit to the VDHCD all information necessary for the application for the boundary amendments to the City's Enterprise Zone One A and its Subzone B, for the Department's review and consideration and to take such further action as may be necessary and /or execute any additional documents as may be necessary to meet other program requirements or to establish the boundary amendments as set forth above. The City Clerk is authorized to execute and attest any documents that may be necessary or required for the application or for the provision of such information. Such authority shall continue throughout the life of such Zone One A and its Subzone B. 5. Local incentives applicable for Enterprise Zone One A and its Subzone B shall also be applicable for any new areas covered by such approved boundary amendments. 6. Any such approved boundary amendments will be retroactive to the date as provided by such approval from the VDHCD. 3 ATTEST: City Clerk. Draft 11/3/2014 IN THE COUNCIL OF THE CITY OF ROANOKE AN ORDINANCE amending Ordinance No. 36782 - 071904, adopted by City Council on July 19, 2004, as amended by Ordinance No. 37542- 091806, adopted by City Council on September 18, 2006, by modifying certain local incentives contained therein for Enterprise Zone One A; authorizing the City Manager to apply to the Virginia Department of Housing and Community Development (VDHCD) for the approval of such amendments and /or to take such further action as may be necessary to obtain or confirm such amendments; and dispensing with the second reading of this Ordinance by title. WHEREAS, the City received a designation in June 2004 from the Governor of Virginia of a new Enterprise Zone One A, retroactive to January 1, 2004; WHEREAS, on July 19, 2004, City Council adopted Ordinance No. 36782-071904, which adopted certain local incentives for Enterprise Zone One A, which included grants from the Industrial Development Authority of the City of Roanoke, Virginia (IDA) for facade grants under certain conditions. WHEREAS, on September 18, 2006, City Council adopted Ordinance No. 37542- 091806, which modified certain local incentives for Enterprise Zone One A, which included grants from the Economic Development Authority of the City of Roanoke (EDA) for fagade grants under certain conditions. City staff recommends that the parameters of the facade grants be modified. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: I Draft 11/3/2014 1. Ordinance No. 36782 - 071904, as amended by Ordinance No. 37542- 091806, is hereby amended as follows: A. Paragraph number 4 is deleted and is hereby replaced by the following paragraph number 4: 4. The City will provide funds to the Economic Development Authority of the City of Roanoke, Virginia, (EDA) so that the EDA can enhance economic development in Enterprise Zone One A by providing fagade grants to a business firm, property owner, or leaseholder authorized to make improvements, of one -third of any building fagade renovation costs for those fagades in need of renovation that visually improves the fagade (an eligible fagade being the portion of any exterior elevation which faces or abuts a public right -of -way and contains the principal, or a secondary, entrance to the building; a building can have more than one eligible fagade; i.e. a building located on a corner is considered to have two fagades) of a building within Enterprise Zone One A up to a maximum of Twenty -five Thousand Dollars ($25,000) per grant with a total yearly allocation for this program of at least One Hundred Thousand Dollars ($100,000). The uses for such building are to be commercial, mixed -use commercial with no more than 80% of the building being used for residential purposes (hereinafter referred to in this ordinance as "mixed - use commercial "), or industrial use. The availability of this local incentive is from January 1, 2004, through December 31, 2023, at which time the Enterprise Zone One A designation will end, unless otherwise modified by Council. The City Manager shall establish appropriate rules and regulations necessary to implement this local incentive. 2. City Council hereby certifies that it held a public hearing as required by the Virginia Enterprise Zone Program Regulations. 3. The local incentive amendment set forth above and in the City Council Agenda Report dated November 17, 2014, is supported by Council, but Council notes it is subject to approval by the VDHCD and should it not be approved, the item not approved will not become effective so that any prior measures on the particular matter, will stay in effect. Furthermore, if 2 Draft 11/3/2014 the VDHCD approves such item, the effective date for any such approved item will be retroactive to January 1, 2014. 4. Any funding required for any such local incentives is subject to the appropriation of such funds by Council. 5. As amended, Ordinance No. 36782 - 071904, adopted on July 19, 2004, and as it may have been subsequently amended, is hereby affirmed and remains in full force and effect. 6. The City Manager is authorized to submit to the VDHCD all information necessary for approval or confirmation of the above amendment regarding local incentives and to take such further action or to execute such further documents as may be necessary to meet other program requirements or to establish and administer the local incentives as set forth above, with any such documents to be approved as to form by the City Attorney. The City Clerk is authorized to execute and attest any documents that may be necessary or required for the purposes as set forth above. 7. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. 3 ATTEST: City Clerk. Draft — November 3, 2014 Enterprise Zone Amendment Application Applicant Locality(ies): City of Roanoke Name of Zone: One A and its Subzone B Zone Number: 5 Virginia Department of Housing and Community Development 600 East Main St, Suite 300 Richmond, Virginia 23219 (804) 371 -7030 EZONE @dhcd.virginia.gov www.dhcd.virginia.gov ro`�� VIRGINIA DEPARTMENT OF HOUSING om ' VIRGINIA AND COMMUNITY DEVELOPMENT : DHC0 Partners for Better Communities Virginia Enterprise Zones Overview of Amendment Application Instructions for completing the coversheet and application can be found in the appendices beginning on page 12 of this document. Please read all of the appendices carefully before completing this application. The new enterprise zone statute establishes new zone amendment guidelines which are summarized below and outlined in detail in the appendices. Each enterprise zone can consist of up to three non - contiguous zone areas. In cases where a locality has multiple zone designations, each of those zones can consist of up to three non - contiguous geographic areas. In the case of joint zones, each locality's portion of the joint zone can consist of up to three non - contiguous geographic areas, but one of those three non- contiguous areas must be contiguous to at least one other participant's zone area. For more details, refer to page 15 in the appendix. There are no longer zone - specific distress criteria requirements in the amendment application the zone - specific distress criteria have been removed from the amendment application process. An enterprise zone boundary amendment cannot consist of a site for a single business firm and cannot be less than 10 acres. Enterprise zone amendment applications can be submitted once every twelve months from the date of the locality's last zone amendment. Joint zones may amend their zones in one application or independently so long as each locality amends their portion of the zone only once every twelve months from the date of that locality's last amendment. The locality submitting the amendment application must be up to date in its annual reporting requirements. Once DHCD approves an enterprise zone amendment, the modifications to the zone are retroactive back to January 1s` of the calendar year in which the amendment was approved. This means that businesses added via a boundary amendment approved in 2013 could submit grant applications for the 2013 grant year. Checklist of Required Attachments Place the required attachments at the end of the amendment application. Unless otherwise specified, the attachment is required for all types of application amendments. ® Public Hearing Advertisements (2) Published once a week for two successive weeks in a newspaper of general circulation; final advertisement cannot be published <5 days or> 21 days prior to the hearing ® Official Public Hearing Minutes ® Local Assurances ® Resolution In the case of a joint zone all participating localities must submit approval resolutions, even if they are not amending their portion of the zone ❑ Joint Application Agreement (Joint zones only) ® Maps (Boundary amendments only) ® Incentive charts (Incentive amendments only) 2 vo-ymla Enterprise Zones Coversheet (For joint zone amendments, each locality must complete a separate coversheet) Locality: City of Roanoke Type of Amendment (check all applicable boxes): ® Boundary deletion Government Address: ® Boundary amendment Attn: Economic Development Department ® Incentive amendment 117 Church Avenue, SW Roanoke, VA 24011 Number of existing non - contiguous Chief Elected Official (Name and Title): areas present in locality's zone: David A. Bowers (Mayor) ❑ 0 ® 1 ❑ 2 ❑ 3 Local Zone Administrator: Non - contiguous areas added or Name: Brandon S. Turner deleted as part of amendment Title: Economic Development Specialist application: Phone: (540) 853 -5405 ®0 ❑ 1 ❑ 2 E -mail: Brandon.Turner @roanokeva.gov ® Local assurances To the best of my knowledge and belief, data in this proposal is Total non - contiguous zone areas true and correct and the governing body of the participant has after amendment: 1 Application Type: ® Single (one locality) Enterprise Zone Enterprise Zone Public Hearings: ❑ Joint (more than one locality) Enterprise Zone ® Single Application Signature: Date: (one hearing) If Joint application, list all participating localities: ❑ Joint Application Name: Christopher P. Morrill (one hearing in each locality) Title: City Manager ❑ Joint Application (joint hearing) 3 a Virgin Z=prise Zones Attachments: ® Advertisements ® Minutes ® Resolutions Certification of Chief Administrative Officer: ® Local assurances To the best of my knowledge and belief, data in this proposal is ❑ Joint application agreement true and correct and the governing body of the participant has (joint zones only) duly authorized the proposal through resolution. The resolution is attached. Locality has submitted all annual Signature: Date: reports required to date: ® Yes Name: Christopher P. Morrill ❑ No Title: City Manager Amendment requests will not be processed until locality's annual reporting requirements are fulfilled. 3 a Virgin Z=prise Zones I. Zone Size Complete this section only if this amendment modifies the zone boundaries. Delete this section if your amendment is for incentive modification only. A. Basic size limits are determined by the type of locality. Each locality in a joint zone may have the maximum zone acreage for that type of locality. If this is a joint amendment application, Question A must be completed for each locality. For joint applications, duplicate the check boxes for as many localities participating in the zone. List the locality's name next to each duplicated box. Refer to Appendix II on page 15 for zone size limits and boundary modification requirements. Type of locality: ❑ County: ❑ Consolidated City: ® Town (existing town zones only) /City: City of Roanoke Size guideline option used: ❑ Basic land size minimum and maximum ® 7 percent of land area (Cities and Towns only) ❑ 7 percent of population (Cities and Towns only) B. Complete the chart below showing the size of the zone after the proposed modifications. For joint zones, please list each locality's zone size adjustments on a separate line. Additional rows may be added to the table as needed. Zone size guidelines can be found in Appendix II on page 15. Locality Current zone size in acreage Proposed deletion size in acreage Proposed addition size in acreage Amended zone size in acreage (total acreage) City of Roanoke 1,924 31 20 1,913 4 Virginia Enterprise Zones Map Requirements — Required only for boundary amendments. For each of the required maps, joint applications must also submit one map showing the entire zone area. The required maps must be able to fit inside a legal size mailing envelope. Each of the required maps must be produced at the same scale. GIS generated maps are preferred. Topographic maps are highly discouraged. Zone administrators MUST submit a draft boundary amendment map to DHCD prior to holding the public hearing for review. Map 1— Map of the locality indicating the current and amended boundaries of the enterprise zone area. Please indicate the amended zone boundaries using the following key: Proposed Additions— Red fill with bold red dashed border weProposed Deletions — Blue fill with bold blue dashed border Existing Zone Boundaries —Green fill All required features listed in the charts must be included on each map and clearly visible. Required Features Included on Map (where present in zone): • Major Streets /Roads /Highways Labeled (dark gray lines) • City /County /Town limit lines identified by bold blue line • Key Businesses /Employers • Key Properties /Revitalization Project Areas/ Developable Land • Airports/ Ports of Entry • Major Railways • Office or Industrial Parks • Special Districts Map 2 - Map of the modified enterprise zone boundary indicating the existing land use characteristics according to the following classifications: Privately Held Land Publicly Held Land Business /Commercial State /Federal Land Industrial Local publicly owned land in use Institutional Unused local public land Single- family residential Parks & Recreational Areas Multi- family Parking Agriculture Parking Mixed -use (or "Other') Indicate on this map the total zone acreage and the approximate number of acres devoted to each type of use. Map 3 — Map of the modified enterprise zone showing the boundaries of existing zoning districts. (If the area is not zoned, this map is not required.) Place required maps at the end of the application. 5 Wgna En Wprlse Zones II. Boundary Deletion Complete this section only if this amendment deletes acreage from the zone. Delete this section if your amendment is for a boundary addition or incentive modification only. Boundary deletions cannot exceed 15 percent of the total enterprise zone acreage for the locality. DHCD reviews boundary deletions on a case -by- case basis and requires assurance that the applicant has based their decision on reasonable and careful consideration. A. Describe the areas proposed for deletion from the zone. Explain in detail the locality's(ies) rationale for deleting the area(s) from the zone. B. Identify the number of property and business owners in the deleted area and how they were notified of the decision. The local governing body must separately notify each property owner and each business owner located within the area of the proposed deletion two weeks prior to holding the public hearing. A copy of this notification letter must accompany the amendment application. Publication of an ad in the local newspaper does not, by itself, meet this requirement but may be used as an additional form of notification. C. Summarize (using bullet points) any comments received from these owners as well as comments made at the public hearing regarding the deletion. D. Discuss the impact of this decision on the revitalization efforts in the area(s) to be deleted and on the overall economic development efforts of the locality. Identify future plans for the area(s). A. The areas proposed for deletion from Enterprise Zone One A and it's Subzone Bare as follows: 1. To delete from Zone One A approximately 13 acres consisting of properties in the downtown area, including properties fronting the north side of Shenandoah Avenue, N.W. between 2 "d Street, N.W. and Jefferson Street, N.W., to the north of Salem Avenue, S.W. to the east of 1" Street, S.W. and along the south of Norfolk Avenue, S.W. and north of Salem Avenue, S.E., along Luck Avenue, S.W. in the 400 block and to the east of 2nd Street, S.W., along the east of Franklin Road, S.W. between Marshall Avenue, S.W. and north of Elm Avenue, S.W., along Day Avenue, S.W. in the northwest, northeast, and southwest corners of its intersection with 1" Street, S.W., to the north of Bullitt Avenue, S.E. between Jefferson Street, S.E. and Williamson Road, S.E., to the north of Church Avenue, S.E. in the 0 block and south of Church Avenue, S.E. at 106 Franklin Road, S.E., and properties at 348 Campbell Avenue, S.W. and 106 Franklin Road, S.E. The deletion consists of acreage owned by entities which are excluded from zone benefit eligibility, are being utilized for purposes which are not eligible for zone benefits, and properties which are unlikely to be developed. The area is zoned Downtown. 2. To delete from Zone One A approximately 4.5 acres of properties to the east and west of 101" Street, S.W. between Jackson Avenue, S.W. and Norfolk Avenue, S.W., along the south of Salem Avenue, S.W. between 8`h Street, S.W. and 7`h Street, S.W., along the west of 61h Street, S.W. south of Campbell Avenue, S.W., and property south of Campbell Avenue, S.W. in the 900 block. The deletion consists of acreage owned by entities which are excluded from zone benefit eligibility or are utilized for purposes which render the property ineligible. The property is zoned Downtown, Heavy Industrial, and Mixed -Use. 3. To delete from Zone One A's Subzone B approximately 14 acres consisting of properties located within Roanoke Centre for Industry and Technology and Statesman Industrial Park between west of Lynn Brae Road, N.E. and east of properties adjacent to Seibel Drive, N.E. and Nicholas Avenue, N.E. The deletion consists of property owned by the City of Roanoke which is utilized for utility easements and is not easily developable. The property is zoned Light Industrial. Deletion of the above properties will remove properties that have not taken advantage of, along with properties that are ineligible to take advantage of, the zone programs. B. A copy of the notice letters to property /business owners, with a list of properties and addresses, is attached to this application. This deletion affects 45 parcels and 15 business and property owners. C. N/A D. Deletion of approximately 31 acres of Enterprise Zane One A strategically removes underutilized areas, and those not eligible for Enterprise Zone program benefits to allow for incorporation of active acreage currently located in Enterprise Zone Two in anticipation of the expiration of Enterprise Zone Two on December 31, 2015, and that the State will not renew Zone Two. E199. .prise Zones Ill. Boundary Addition Complete this section only if this amendment adds acreage to the zone. Delete this section if your amendment is for a boundary deletion or incentive modification only. Boundary additions cannot consist of a site for a single business and cannot be less than 10 acres in size. Counties with enterprise zones can include acreage within corporate town limits, provided the acreage addition falls within the total zone size requirements for the locality. Towns with enterprise zones CANNOT add portions of the unincorporated areas into the zone through the amendment process. Describe the areas proposed for inclusion into the zone boundaries. Indicate if the added areas are contiguous to existing zone boundaries or will count as one of the three total non - contiguous zone areas per locality. Explain the strategic importance of adding the area(s) to the zone. Discuss relevant economic conditions, economic development /revitalization efforts occurring within the proposed addition. Quantify this information where possible. A. The areas proposed for inclusion into Enterprise Zone One A and it's Subzone Bare as follows: 1. To add to the current Zone One A approximately 1 acre consisting of property located at the northeast intersection of Winchester Avenue, S.W. and Main Street, S.W. and north of Wiley Drive, S.W. This addition will incorporate property that is to be redeveloped into active commercial use. This property will be made contiguous to property already located in Zone One A. This property is zoned Mixed Use Planned Unit Development. 2. To add to the current Zone One A's Subzone B approximately 19 acres consisting of property located northeast and south of Glade View Drive, N.E. between Berkley Road, N.E. and south of Dogwood Hill Road, N.E. This addition will incorporate key existing industrial facilities which will be deleted from Zone Two in anticipation of Zone Two's expiration on December 31, 2015. This property will be made contiguous to property already located in Zone One A's Subzone B. This property is zoned Light Industrial. B. A copy of the notice letters to property /business owners, with a list of properties and addresses, is attached to this application. This inclusion affects two parcels representing three property and business owners. C. Total addition of approximately 20 acres to Enterprise Zone One A and it's Subzone B, including the addition of approximately 1 acre which is not presently located within a zone, to Zone One A and the addition of 19 acres to Subzone B of Zone One A that is to be deleted from Zone Two, will create the potential for redevelopment of a critical commercial site as well as continue providing access to Enterprise Zone programs for two expanding industrial facilities presently located in Zone Two. Including these two areas into Zone One A will promote much needed growth and revitalization for these neighborhoods. 7 6 IV. Incentive Amendment Complete this section only if this amendment modifies incentives. Delete this section if your amendment is for boundary modification only. All zones are required by statute to offer local enterprise zone incentives. Localities should regularly review their incentive package to ensure utilization by businesses and effectiveness in attracting /expanding targeted business sectors within the zone. In the case of boundary amendments to include corporate town limits, the town functions as part of the county's zone boundaries and is not required to offer local incentives but may do so. Refer to Appendix III on page 17 for more information about local incentives. A. Why are the local incentives being modified? Discuss utilization, any changing trends or special circumstances affecting the decision to modify. B. What aspects of the incentives are being modified and why? Explain the research that the modification is based on (i.e. survey of zone businesses). C. Has the modified incentive package or new incentive(s) been reviewed by the local governing body's attorney and determined to be legal? ® Yes ❑ No D. Are incentives deleted as part of the amendment proposal? ❑ Yes ® No If yes, complete the following chart concerning the required replacement incentive and explain (below the chart) why the incentive is being deleted. For example, the creation of a regional water /waste water facility may necessitate amending the city's existing water and sewer hookup fee incentive because the city no longer collects these fees and therefore cannot rebate them. Additional rows may be added to the chart as needed. Local incentives can be deleted if replaced by incentives that are equal or superior to those in the application or most recent amendment. Contact DHCD staff to discuss your plans to modify incentives prior to holding the public hearing. Existing Incentive (by locality) Replacement Incentive (by locality) Justification for replacement A. The City wishes to amend the Facade Grant for Enterprise Zone One A, our most successful local incentive which has been responsible for assisting with the rehabilitation of nearly 20 commercial and mixed -use building facades in the past two years. As the language presently reads, only one side of a building is eligible to submit for a Facade Grant; buildings with facades containing entrances on multiple right -of -ways, such as corner buildings, are not eligible to submit facade renovation costs but for only one side. There has been a considerable increase in requests by property owners to include facade renovation costs on multiple sides of buildings. With the new language, a property will still only be allowed one Facade Grant; however, the property can apply this grant to multiple sides of a building that face a public right -of -way and contain a primary or secondary entrance. B. Based on increased requests from property owners, primarily in areas of Zone One A adjacent to the downtown area, amend the existing definition of a facade, which presently reads "a facade being the portion of any exterior elevation which faces or abuts a public right -of -way and contains the principal entrance to the building or is immediately adjacent thereto" to be amended to read "an eligible facade being the portion of any exterior S Yvginia 'En"prise ;an s elevation which faces or abuts a public right -of -way and contains the principal, or a secondary, entrance to the building; a building can have more than one eligible facade; i.e. a building located on a corner is considered to have two facades ". In addition, the name of the Authority will be changed from "Industrial Development Authority" to "Economic Development Authority" to reflect the Authority's name change since the last amendment to the Facade Grant program. Also, the annual allocation will be clarified to read "...total yearly allocation for this program of at least One Hundred Thousand Dollars ($100,000)" instead of "...total yearly limit for all such grants of at least One Hundred Thousand Dollars ($100,000) ". 9 Virginia Enterprise zones Incentive Package. Complete this section only if this amendment modifies incentives. Delete this section if your amendment is for boundary modification only. Provide information for new and existing incentives. This chart may be reproduced to accommodate all incentives. Identify new or revised incentives with an asterisk. This chart will replace the current chart in your Enterprise Zone designation application. Complete the incentive chart to include all incentives to be offered upon approval of the incentive amendment. Locality Offering the Incentive: City of Roanoke, Virginia Incentive M 1 Locality /Provider: City of Roanoke Name: Facade Grant Description: The purpose of the Facade Grant program Qualification Requirements: Applicants must apply to the is to visually improve industrial, commercial, or mixed- Economic Development Authority of the City of Roanoke for a use (with no more than 80% residential) structures in Facade Grant prior to commencing work on the facade's Enterprise Zone One A. The grant encourages rehabilitation; applicant must submit a completed investment and improvement of real property within application, cost estimate for facade rehabilitation, and the Zone, decreasing vacancy (especially of first floor pictures of the present state of the facade. Only hard costs storefronts in the downtown area), improve the on the facade of the building are eligible, such as new or vibrancy of the area, and serve as a valuable tool for rehabilitated windows /doors /storefronts, painting, revitalizing downtown and other largely commercial decorative lighting, etc. Costs not eligible include awnings, sections of the City. Applicants may apply for a flags, landscaping, interior or roof work, patios, or sidewalks. reimbursement of up to one -third of the hard costs of After rehabilitation work is completed, applicant must submit renovating a facade, with a cap at $25,000.00, through invoices, proof of payment, and pictures of the completed the Economic Development Authority of the City of facade for review and approval before being reimbursed by Roanoke. the EDA. Exclusive to Zone: ® Yes ❑ No, if no please explain how incentives will be tailored to zone Period of Availability: Up to one year after approval by the Economic Development Authority; applicant may receive up to two six -month extensions. Financial Value of Incentive: A one -third Effective date: Until zone expiration (January 1, 2023). reimbursement of approved facade rehabilitation costs, capped at $25,000.00. Action to Implement: Source of Funds: City of Roanoke Community and Economic ® Local Ordinance Development Reserve fund. ❑ Approval by Board of Supervisors ® Other: Economic Development Authority of the City of Roanoke Annual Budget Allocation Pending Approval: $100,000.00 10 VWginia Enterprise Zones Appendices — Table of Contents Appendix I: Public hearing and resolution requirements ................................ ............................... ...........................Page 12 Localassurances ................................................................................ ............................... ...........................Page 13 Joint application agreement form .................................................. ............................... ...........................Page 14 Appendix II: Sizerequirements ............................................................................. ............................... ...........................Page 15 Zoneconfigurations .................................................................... ............................... ...........................Page 15, 16 Appendix III: Requirements for incentive amendments ..................................... ............................... ...........................Page 17 DN�D Appendix I: Public Hearing and Resolution Requirements Public Hearing Requirements A local governing body must hold at least one public hearing on the application for Enterprise Zone amendment prior to the locality's passage of its enterprise zone resolution and prior to submission to DHCD. A copy of the advertisement of the public hearing and the public hearing minutes must accompany the application. Enterprise Zone Regulation 13 VAC -5 -112 490 states that Public Hearings may not have been held more than six months prior to the amendment submission. For a joint application, each participating local governing body may either hold a separate public hearing or schedule a joint public hearing. Public Hearing Advertisement Requirements • Ads must be published once a week for two successive weeks in a newspaper of general circulation. • The final advertisement cannot be published less than five days or more than twenty -one days prior to the hearing. ✓ The ad must give the time, date, and location of the hearing. The complete requirements for conducting public hearings are stated in §15.2 -2204, Code of Virginia. Information regarding joint zone amendments Localities participating in a joint zone can choose to amend their respective portions of the zone application simultaneously through the submission of one amendment application. However, this is not required. Participants in a joint zone may amend their portion of the zone independently of each other. Each locality can only amend their portion of the zone application once every twelve months from the approval date of their last amendment. All localities participating in the joint zone (regardless of whether or not they are amending their portion of the zone) must pass approval resolutions and sign ioint application agreements for any amendment made by a partnering joint applicant. DHCD will not process any amendment application until the applicant or applicants in the case of a joint zone amendment are up to date on their annual reporting requirements. 12 Minimum Resolution Format Requirements While DHCD does not provide a template for zone amendment resolutions, we outline the minimum requirements below which can also serve as the framework for a resolution. Single Jurisdiction -- Resolutions accompanying single locality applications for enterprise zone amendment should state that the local governing body: • Is applying for enterprise zone amendment; • Authorizes its chief administrator (or clerk where there is no chief administrator) to submit all information needed to apply for a zone amendment. • Authorizes its chief administrator (or clerk) to meet other program administrative and reporting requirements, as defined by the Enterprise Zone Regulations, throughout the life of the zone. Joint Application -- Separate resolutions are required of each participating locality and should state that: • The local governing body is applying for enterprise zone amendment jointly with other localities (provide names); • One jurisdiction (provide name) is designated to act as program administrator; • The local governing body authorizes the chief administrator (or clerk) acting as program administrator to submit all information needed to apply for an enterprise zone amendment and to carry out all program administrative and reporting requirements on its behalf; • The local governing body authorizes the chief administrator (or clerk) acting as program administrator to carry out all program administrative and reporting requirements on its behalf, as defined by the Enterprise Zone Regulations, throughout the life of the zone. • Each jurisdiction participating in a joint EZ application has completed a Joint Application Agreement. See page 14 of appendix for format of agreement. Virginia Enterprise Zones Appendix I: Local Assurances Local Assurances and Authorizations are used to certify the accuracy of the information provided by the applicant and to insure that the Program Regulations will be met. Important: All applications must include a certified resolution from the local governing body. If a joint application, include resolutions of each local governing body. Attach the resolutions at the end of the amendment application. Joint applications must also include Joint Application Amendment Agreement (JA) — refer to page 14 of the appendix. As the representative of the local governing body of the City of Roanoke, I hereby certify that: (locality) 1. The information in the Enterprise Zone application is accurate to the best of my knowledge. 2. A public hearing was held by the aforementioned locality to solicit comments on this request for application amendment. A copy of the public hearing advertisement and a copy of the public hearing minutes are attached. 3. Any local enterprise zone incentives proposed by the aforementioned locality in the Enterprise Zone application represents a firm commitment by the locality and have been reviewed by the local governing body's attorney as to their legality; 4. It is understood that if at any time the aforementioned locality is unable or unwilling to fulfill a commitment to provide local enterprise zone incentives, or if no state enterprise zone incentives have been utilized within a five -year period, the zone shall be subject to termination. Chief Administrator: Title: City Manager Date: 13 VV ipi2 Endrprise Zones Appendix II: Zone Size Requirements and Configurations Size Limits for Zones in Towns and Cities Minimum: one - quarter (1/4) square mile (160 acres). Maximum: one square mile (640 acres). Exception: may be larger than one square mile provided it does not exceed seven percent of the locality's land area or it does not encompass more than seven percent of the locality's total population. To calculate the population exception, use the Weldon Cooper Centers' most recent final (not provisional) population estimates for the locality. The following is link to the Weldon Cooper Public Service Center: http://www.coopercenter.org/demographics/POPULATI ON %20ESTIMATES/ Size Limits for Zones in Counties Minimum: one -half (1/2) square mile (320 acres). Maximum: six square miles (approximately 3,840 acres). Size Limits for Zones in Consolidated Cities Zones in cities where the present boundaries have been created through the consolidation of a city and county (Chesapeake, Hampton, Newport News, and Virginia Beach) or the consolidation of two cities (Suffolk and Richmond), must use the minimum and maximum size guidelines for zones in unincorporated areas of counties described above. Single zone: An enterprise zone located entirely within a single jurisdiction. The locality's zone can consist of three non - contiguous zone areas. A county zone including areas within incorporated town limits constitutes a single zone and town acreage is considered part of the county's zone acreage. Counties can amend their zone boundaries to include part of the corporate town limits as part of the zone. This addition does NOT constitute a joint zone. The acreage within the town limits counts towards the county's maximum zone acreage. Towns added into the county acreage are not required to offer local enterprise zone incentives, but may. / U ` Non - contiguous countv zone areas County EZ boundaries t Town limits Portion of town limits in County's zone 14 Virginia Enterprise Zones Appendix ll: Zone Size Requirements and Configurations Joint zone: An enterprise zone located in two or more jurisdictions. Each locality's portion of the joint zone can consist of up to three non - contiguous geographic areas relative to that locality. The three non - contiguous areas comprise that locality's total zone size and the acreage of all three non - contiguous areas must meet the total size requirements for that type of locality. If a locality participates in a joint zone and also has two other zone designations, each of the three zones can consist of three non - contiguous areas. In the case of the joint zone, one of the locality's three possible zone areas must be contiguous to at least one other participant's zone area. The following are some examples of joint zone configurations: 9 = Non - contiguous areas of one locality's enterprise zone =Area where localities in joint zones are contiguous EXAMPLE A: Two - locality joint zone • 1 Locality B • • Locality A :i EXAMPLE B: Four - locality joint zone Locality A • 0 Locality B Locality C 11 15 ViMin e E=p.lse Lonea Appendix III: Incentive Amendments Local incentives are a critical part of the success of an enterprise zone and they should be selected carefully. It is important for a locality to develop a package of incentives that will best assist in overcoming the specific barriers to development within their zone by supporting targeted business sectors. The number of incentives is not as important as the quality and impact of the incentives. If no zone businesses have qualified for a particular local incentive for more than one year, it might be appropriate to make amendments to the incentive. Local incentives that require a business to qualify for state incentives are HIGHLY discouraged. 1. Role of Local Incentives • Local incentives should help address the locality's economic conditions and barriers to economic development goals. • Local incentives should be tailored to both new and existing targeted business sectors. • Local incentives should fill in the gaps of the state incentives therefore qualification for local incentives should NOT be contingent on state incentive qualification. 2. Constitutionality of Local Incentives Because Virginia is a Dillon Rule state, localities have very little authority to offer local tax incentives unless expressly allowed through the Code of Virginia. The Virginia Enterprise Zone Grant Act allows participating localities to offer a variety of incentives to businesses. Local enterprise zone incentives must in no way violate the Virginia Constitution. The Uniformity Clause of Article 10, Section 1, of the Virginia Constitution specifies that taxation must be uniform in territory, subject, and class. As it relates to the Enterprise Zone program the concern is that taxation must be uniform throughout an entire locality unless there is state enabling legislation that allows otherwise. The local governing body's attorney should review local incentives to ensure their compliance with the Virginia Constitution. The following examples offer simple guidelines for common tax - related local incentives: Real estate tax exemption: Virginia Code sections 58.1 -3220 and 3221 serve as the enabling legislation and give all localities the authority to offer exemptions on real estate tax when certain conditions are met. This incentive can be offered locality wide, not just within the zone. In such cases where this incentive is offered locality -wide, the incentive criteria needs to be customized in the zone in order to be considered as a local enterprise zone incentive. Real estate tax abatement, refunds, or rebates are prohibited under the State Constitution. Machinery & tools tax grants: The Uniformity Clause applies and there is no enabling legislation to allow for the exemption of this tax. Therefore, a locality wishing to offer an incentive related to the machinery and tools tax must first collect the tax uniformly from all appropriate taxpayers across the locality -those within the enterprise zone as well as those outside the zone. Once the tax is collected, the locality may offer businesses a grant based on their machinery and tool tax. This is usually done through the local Industrial Development Authority. Machinery and tools tax abatement, refunds, or rebates are prohibited under the State Constitution. BPOL tax, utility tax, or permit fees: The Uniformity Clause does not apply to these taxes and fees. Localities are free to offer these incentives in the form of rebates, refunds, and abatements. 16 lgll iz EnWprise Zones Appendix III: Incentive Amendments Cont... 3. Examples of Local Incentives An incentive that is available throughout a locality will not be considered an enterprise zone incentive unless special actions are taken to encourage greater utilization of the incentive within the proposed enterprise zone or a greater benefit is provided within the zone (i.e. lower qualification threshold or larger grant amount). Local governments provide a variety of financial and non - financial incentives to encourage economic growth and investment. The following list is not inclusive but serves as an example of the most frequently offered local enterprise zone incentives: Local Enterprise Zone Development Taxation Program: Section 58.1- 3245.6 through Section 58.13245.11 of the Code of Virginia enables designated zone localities to establish a Local Enterprise Zone Development Taxation Program. Incremental tax revenues generated from real property or machinery and tools, or both can be used to establish an enterprise zone development fund to pay for enhancements to government services that promote economic development. Tax Exemption: §58.1 -3221 of the Code of Virginia enables localities to defer the taxes on the increase in assessed value as a result of the rehabilitation of real estate for structures at least 15 years of age in enterprise zones and 20 years of age elsewhere in the jurisdiction. Local Tax Rebates: BPOL tax fees, local sales tax on items purchased in the community for conduct and trade of business in the enterprise zone. Business Loans: Facade improvement loans for both commercial and industrial properties, low interest loan funds for start-up and expansion, revolving loan funds composed of local and private funding sources. Fee Waivers: Permit fees, sewer and water tap fees, utility fees. Public Improvements: Highways, streets, sidewalks, water and sewer systems, signals, etc. Job Training: Targeted training programs to meet business needs. Non - financial: Fast track permitting, loan packaging assistance, and design assistance. Suggested Rationale to Use When Developing Local Enterprise Zone Incentives a. Incentives should be directly linked to actions that are consistent with local enterprise zone revitalization and development goals. b. Survey existing zone businesses to gain feedback on existing local incentives and recommendations for new local incentives. c. Establish performance baselines that provide a threshold for qualification. Incentives should reward firms that make a commitment to invest in a zone by creating new jobs and /or investment. d. Develop measurable incentives. e. Incentives should represent sound fiscal policy and not provide an excessive level of benefit that would be inappropriate from an economic point of view. 17 vi"i . Enterprise Zones Appendix III: Incentive Amendments Cont... 4. Local Incentive Qualification Requirements A locality should establish qualification requirements for each of its local incentives so that the incentives allow for a good return on investment for the locality (i.e. private investment or jobs leveraged). These requirements should be reasonable (not too restrictive) so that businesses can actually qualify. The detailed qualification requirements for each local incentive should be outlined in writing and approved by the local governing body prior to the submitting the amendment to DHCD. As part of this process, pertinent terms of the incentive qualifications should be defined as should the process for incentive application approval, life of the incentive, and the value of incentives. For example, if a locality is offering a machinery and tools tax grant based on the creation of five new jobs the locality needs to define "new jobs" for the purposes of the incentive qualification. Continuing with this example, would "new jobs' be considered net new, permanent full time and would there be any wage or benefit requirements in this definition? In addition, a locality may establish conditions on the availability of such incentives. For example, a locality may propose to make grant funds available to new businesses during the first five years of zone operation. It may propose a three -year utility tax exemption for new or expanding firms or propose to restrict the availability of low interest business loans to new firms locating in the zone that agree to meet certain locally set hiring requirements. Conditions should NOT require businesses to qualify for a state incentive in order to qualify for a local incentive. S. Financial Value of Incentives The quantity of local enterprise zone incentives offered is not as important as the quality of local incentives. The incentives should be meaningful and beneficial to targeted business sectors. For example, if the cost of water and sewer service is higher in the county than in the city, the county zone may consider offering a water /sewer hookup fee incentive to help offset its higher service fees. The financial impact of the water /sewer hookup fee incentive should provide a considerable reduction, not just mere pennies in savings. Some incentives may have a different type of monetary value but can still have a valuable impact on the business. For example, if crime and vandalism to zone businesses is an issue, free consultations with the Crime Prevention through Environmental Design (CPTED) planner with the police department can be a valuable incentive where the value of the incentive would be the "consultant' market rate or police employee wage for such training. 6. Local Assigned Agents A locality may designate an assigned agent, such as a local redevelopment and housing authority, a nonprofit entity or a private for - profit entity, to provide local incentives. This arrangement should be documented by a written commitment from the agent. 7. Termination Section §59.1 -284 of the Virginia Enterprise Zone Grant Act describes two circumstances that can result in the termination of a designated zone. First, in the event the local government or an assigned agent is unable or unwilling to provide regulatory flexibility, tax incentives or other public incentives as proposed in the application for zone designation, the zone may be terminated. This is avoidable if the applicant is able to amend the application by substituting an incentive that is equal or superior to the incentive originally approved. Second, if no business firms in an enterprise zone have qualified for state incentives within a five - year period, the zone will be terminated. 18 1 Is rise OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building Church Avenue, SW, Roam 364 Roanoke, Virginia 24011 ROANOKE 540-853,2333 ww.ro noke www.roanokeva.gov Property /Business Owner of Property Located in the City of Roanoke, VA Dear Property and /or Business Owner: October 27, 2014 Due to the anticipated expiration of Enterprise Zone Two on December 31, 2015, and that such Zone will not be renewed by the Commonwealth of Virginia, the City of Roanoke is proposing boundary amendments to Enterprise Zone One A and its Subzone B, and to Enterprise Zone Two. The amendments will remove the properties listed on the attached list from the boundaries of Enterprise Zone One A or its Subzone B. City of Roanoke Real Estate Valuation and /or the Treasurer's Office records indicate you own one or more of the properties, or operate one or more of the businesses, on the attached list. State Enterprise Zone regulations require the City of Roanoke to notify all property owners and business owners whose property is affected when a boundary amendment occurs that deletes a property from an Enterprise Zone. City records indicate that your property, shown on the attached list, will be affected by these amendments by being removed from Enterprise Zone One A or its Subzone B, and will no longer be eligible for the local and State incentives currently offered in any of the Enterprise Zones. A copy of the maps, a list of Tax Map numbers of the properties involved in the amendments, the other docurnents involved in the amendments, and the local incentives currently offered in Zone One A and Zone Two and their Subzones are available for public inspection in the Department of Economic Development offices at 117 Church Avenue, S.W., Roanoke, Virginia 24011, phone number (540) 853- 5405. Please contact Brandon Turner at the above number if you want to know if a specific piece of property is involved in this matter. You are being notified that a public hearing regarding the proposed boundary amendments to Enterprise Zone One A and its Subzone B and Enterprise Zone Two is scheduled for Monday, November 17, 2014, at 7:00 PM in the City Council Chamber, Fourth Floor, Roorn 450, Noel C. Taylor Municipal Building located at 215 Church Avenue, S W., Roanoke, Virginia 24011. Should you have any questions regarding this notice, please contact Brandon Turner, Enterprise Zone Administrator, at (540) 853 -5405. Sin ly, i stop er P. Morrill City Manager OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building �� Roanoke, Church Avenue, 011 Room 364 Roanoke, Virginia zgon ROANOKE 5 ww.roanoke www.roanokeva.gov no keva.gov Property /Business Owner of Property Located in the City of Roanoke, VA Dear Property and /or Business Owner: October 27, 2014 Due to the anticipated expiration of Enterprise Zone Two on December 31, 2015, and that such Zone will not be renewed by the Commonwealth of Virginia, the City of Roanoke is proposing boundary amendments to Enterprise Zone One A and its Subzone B, and to Enterprise Zone Two. The amendments will remove properties listed on the attached sheet from the boundaries of Enterprise Zone Two and will add these properties into Enterprise Zone One A's Subzone B. City of Roanoke Real Estate Valuation and /or the Treasurer's office records indicate you own one or more of the properties, or operate one or more of the businesses, on the attached list. State Enterprise Zone regulations require the City of Roanoke to notify all property owners and business owners whose property is affected when a boundary amendment occurs that deletes a property from an Enterprise Zone. City records indicate that your property, shown on the attached list, will be affected by these amendments in three ways: 1) your property, shown on the attached list, will be deleted from Enterprise Zone Two and will not be eligible for local incentives in Zone Two, 2) your property will become part of Fnterprise Zone One A's Subzone B, but will remain eligible for the sarne State incentives as were avai!ahle for Enterprise Zone Two; and 31 your property will be eligible for the local incentives to he offered !n Enterprise Zone One A's Subzone B. A copy of the maps, a list of Tax Map numbers of the properties involved in the amendments, the other documents involved in the amendments, and the local incentives currently offered in Zone One A and Zone Two and their Subzones are available for public inspection in the Department of Economic Development offices at 117 Church Avenue, S.W., Roanoke, Virginia 24011, phone number 540 -853- 5405. Please contact Brandon Turner at the above number if you want to know if a specific piece of property is involved in this matter. You are being notified that a public hear!ng regarding the proposed boundary amendments to Enterprise Zone One A and its Subzone B and Fnterprise Zone Two Is scheduled for Monday, November 17, 2014, at 7:00 PM in the City Counci! Chamber, Fourth Floor, Room 450, Noel C. Taylor Municipal Building located at 215 Church Avenue, S.W Roanoke, Virginia 24011 Should you have any questions regarding this notice, please contact Brandon Turner, Enterprise Zone Administrator, at (540) 853 -5405. Sin jly,, i C hristoph err PMMorrill City Manager If = Enterprise Zone One A Proposed Changes - Add - Delete V HERSHBERRFRRD MEtRoSe4VE e P 591 I* 01 4iii VE ELM `AVE"s 1 Q O l �,P z9 a 0 Enterprise Zone One A Proposed 2014 Changes Enterprise Zone One A G Sobzane B QP� O t 1 l �P �G O� ToTf ,O nlon CITY OF ROANOKE 0 015 0.5 1 M oMiles nv carn.co BY as r.,m irn on.e. 23 oc+zoia Draft — November 3, 2014 Enterprise Zone Amendment Application Applicant Locality(ies): City of Roanoke Name of Zone: Two Zone Number: 42 Virginia Department of Housing and Community Development 600 East Main St, Suite 300 Richmond, Virginia 23219 (804) 371 -7030 EZONE @dhcd.virginia.gov www.dhcd.virginia.gov VIRGINIA DEPARTMENT OF HOUSING on VIRGINIA AND COMMUNITY DEVELOPMENT :: DHCO Partners for Better Communities Virginia Enterprise Zones Overview of Amendment Application Instructions for completing the coversheet and application can be found in the appendices beginning on page 12 of this document. Please read all of the appendices carefully before completing this application. The new enterprise zone statute establishes new zone amendment guidelines which are summarized below and outlined in detail in the appendices. Each enterprise zone can consist of up to three non - contiguous zone areas. In cases where a locality has multiple zone designations, each of those zones can consist of up to three non - contiguous geographic areas. In the case of joint zones, each locality's portion of the joint zone can consist of up to three non - contiguous geographic areas, but one of those three non - contiguous areas must be contiguous to at least one other participant's zone area. For more details, refer to page 15 in the appendix. There are no longer zone - specific distress criteria requirements in the amendment application; the zone - specific distress criteria have been removed from the amendment application process. An enterprise zone boundary amendment cannot consist of a site for a single business firm and cannot be less than 10 acres. Enterprise zone amendment applications can be submitted once every twelve months from the date of the locality's last zone amendment. Joint zones may amend their zones in one application or independently so long as each locality amends their portion of the zone only once every twelve months from the date of that locality's last amendment. The locality submitting the amendment application must be up to date in its annual reporting requirements. Once DHCD approves an enterprise zone amendment, the modifications to the zone are retroactive back to January 1" of the calendar year in which the amendment was approved. This means that businesses added via a boundary amendment approved in 2013 could submit grant applications for the 2013 grant year. Checklist of Required Attachments Place the required attachments at the end of the amendment application. Unless otherwise specified, the attachment is required for all types of application amendments. ® Public Hearing Advertisements (2) Published once a week for two successive weeks in a newspaper of general circulation; final advertisement cannot be published <5 days or> 21 days prior to the hearing ® Official Public Hearing Minutes ® Local Assurances ® Resolution In the case of a joint zone all participating localities must submit approval resolutions, even if they are not amending their portion of the zone ❑ Joint Application Agreement (Joint zones only) ® Maps (Boundary amendments only) ❑ Incentive charts (Incentive amendments only) 2 rreie a EnW Se Zones Coversheet (For joint zone amendments, each locality must complete a separate coversheet) Locality: City of Roanoke Type of Amendment (check all applicable boxes): ® Boundary deletion Government Address: ❑ Boundary amendment Attn: Economic Development Department ❑ Incentive amendment 117 Church Avenue, SW Roanoke, VA 24011 Number of existing non - contiguous Chief Elected Official (Name and Title): areas present in locality's zone: David A. Bowers (Mayor) ❑ 0 ❑ 1 ® 2 ❑ 3 Local Zone Administrator: Non- contiguous areas added or Name: Brandon S. Turner deleted as part of amendment Title: Economic Development Specialist application: Phone: (540) 853 -5405 ®0 ❑ 1 ❑ 2 E -mail: Brandon.Turner @roanokeva.gov ® Local assurances To the best of my knowledge and belief, data in this proposal is Total non - contiguous zone areas true and correct and the governing body of the participant has after amendment: 2 Application Type: ® Single (one locality) Enterprise Zone Enterprise Zone Public Hearings: ❑ Joint (more than one locality) Enterprise Zone ® Single Application Signature: Date: (one hearing) If Joint application, list all participating localities: ❑ Joint Application Name: Christopher P. Morrill (one hearing in each locality) Title: City Manager ❑ Joint Application (joint hearing) NUglnia .E�rte BSise Attachments: ® Advertisements ® Minutes ® Resolutions Certification of Chief Administrative Officer: ® Local assurances To the best of my knowledge and belief, data in this proposal is ❑ Joint application agreement true and correct and the governing body of the participant has (joint zones only) duly authorized the proposal through resolution. The resolution is attached. Locality has submitted all annual Signature: Date: reports required to date: ® Yes Name: Christopher P. Morrill ❑ No Title: City Manager Amendment requests will not be processed until locality's annual reporting requirements are fulfilled. NUglnia .E�rte BSise I. Zone Size Complete this section only if this amendment modifies the zone boundaries. Delete this section if your amendment is for incentive modification only. A. Basic size limits are determined by the type of locality. Each locality in a joint zone may have the maximum zone acreage for that type of locality. If this is a joint amendment application, question A must be completed for each locality. For joint applications, duplicate the check boxes for as many localities participating in the zone. List the locality's name next to each duplicated box. Refer to Appendix II on page 15 for zone size limits and boundary modification requirements. Type of locality: ❑ County: ❑ Consolidated City: ® Town (existing town zones only) /City: City of Roanoke Size guideline option used: ❑ Basic land size minimum and maximum ® 7 percent of land area (Cities and Towns only) ❑ 7 percent of population (Cities and Towns only) B. Complete the chart below showing the size of the zone after the proposed modifications. For joint zones, please list each locality's zone size adjustments on a separate line. Additional rows may be added to the table as needed. Zone size guidelines can be found in Appendix II on page 15. Locality Current zone size in acreage Proposed deletion size in acreage Proposed addition size in acreage Amended zone size in acreage (total acreage) City of Roanoke 1,169 26 1,143 Virginia Enterprise Zones Map Requirements — Required only for boundary amendments. For each of the required maps, joint applications must also submit one map showing the entire zone area. The required maps must be able to fit inside a legal size mailing envelope. Each of the required maps must be produced at the same scale. GIS generated maps are preferred. Topographic maps are highly discouraged. Zone administrators MUST submit a draft boundary amendment map to DHCD prior to holding the public hearing for review. Map 1— Map of the locality indicating the current and amended boundaries of the enterprise zone area. Please indicate the amended zone boundaries using the following key: I I Proposed Additions — Red fill with bold red dashed border Proposed Deletions — Blue fill with bold blue dashed border Existing Zone Boundaries — Green fill All required features listed in the charts must be included on each map and clearly visible. Required Features Included on Map (where present in zone): • Major Streets /Roads /Highways Labeled (dark gray lines) • City /County /Town limit lines identified by bold blue line • Key Businesses /Employers • Key Properties /Revitalization Project Areas/ Developable Land • Airports/ Ports of Entry • Major Railways • Office or Industrial Parks • Special Districts Map 2 - Map of the modified enterprise zone boundary indicating the existing land use characteristics according to the following classifications: Privately Held Land Publicly Held Land Business /Commercial State /Federal Land Industrial Local publicly owned land in use Institutional Unused local public land Single- family residential Parks & Recreational Areas Multi- family Parking Agriculture Parking Mixed-use (or "Other °) Indicate on this map the total zone acreage and the approximate number of acres devoted to each type of use. Map 3 — Map of the modified enterprise zone showing the boundaries of existing zoning districts. (If the area is not zoned, this map is not required.) Place required maps at the end of the application. 5 Yvgiaia Enterprise Zones 11. Boundary Deletion Complete this section only if this amendment deletes acreage from the zone. Delete this section if your amendment is for a boundary addition or incentive modification only. Boundary deletions cannot exceed 15 percent of the total enterprise zone acreage for the locality. DHCD reviews boundary deletions on a case -by- case basis and requires assurance that the applicant has based their decision on reasonable and careful consideration. A. Describe the areas proposed for deletion from the zone. Explain in detail the locality's(ies) rationale for deleting the area(s) from the zone. B. Identify the number of property and business owners in the deleted area and how they were notified of the decision. The local governing body must separately notify each property owner and each business owner located within the area of the proposed deletion two weeks prior to holding the public hearing. A copy of this notification letter must accompany the amendment application. Publication of an ad in the local newspaper does not, by itself, meet this requirement but may be used as an additional form of notification. C. Summarize (using bullet points) any comments received from these owners as well as comments made at the public hearing regarding the deletion. D. Discuss the impact of this decision on the revitalization efforts in the area(s) to be deleted and on the overall economic development efforts of the locality. Identify future plans for the area(s). A. The areas proposed for deletion from Enterprise Zone Two are as follows: 1. To delete from Zone Two approximately 7 acres consisting of property located to the northeast side of Berkley Road N.E., adjacent to the Norfolk Southern railroad tracks. This deletion is eliminating an established structure which is likely not to utilize zone benefits. This property is zoned Light Industrial. 2. To delete from Zone Two approximately 19 acres consisting of property located northeast and south of Glade View Drive, N.E. between Berkley Road, N.E. and south of Dogwood Hill Road, N.E. This deletion is due to the anticipated expiration of Enterprise Zone Two on December 31, 2015, and that the state will not renew Zone Two. This property is proposed to be amended into Enterprise Zone One A's Subzone B. This property is zoned Light Industrial. Deletion of the above properties will remove properties that have not taken advantage of the zone programs, along with properties that will be amended into Enterprise Zone One A's Subzone B. B. A copy of the notice letters to property /business owners, with a list of properties and addresses, is attached to this application. This deletion affects 3 parcels representing 5 property and business owners. C. N/A D. Deleted acreage from Enterprise Zone Two totals 26 acres; of which, deletion of 7 acres will not be amended into Enterprise Zone One A or its Subzone B, and deletion of 19 acres from Zone Two strategically transitions this active zone acreage to be amended into Enterprise Zone One A's Subzone B in anticipation of Zone Two's expiration on December 31, 2015. Deletion of underutilized acreage in Zone One A will accommodate the proposed amended acreage, which will encourage capital investment and anticipated job growth from active businesses and property owners located in this highly industrialized area. Virginia Emerprise Zones Appendices — Table of Contents Appendix I: Public hearing and resolution requirements ................................ ............................... ...........................Page 12 Localassurances ................................................................................ ............................... ...........................Page 13 Joint application agreement form .................................................. ............................... ...........................Page 14 Appendix II: Sizerequirements ............................................................................. ............................... ...........................Page 15 Zoneconfigurations .................................................................... ............................... ...........................Page 15, 16 Appendix III: Requirements for incentive amendments ..................................... ............................... ...........................Page 17 i is ese Appendix I: Public Hearing and Resolution Requirements Public Hearing Requirements A local governing body must hold at least one public hearing on the application for Enterprise Zone amendment prior to the locality's passage of its enterprise zone resolution and prior to submission to DHCD. A copy of the advertisement of the public hearing and the public hearing minutes must accompany the application. Enterprise Zone Regulation 13 VAC -5 -112 490 states that Public Hearings may not have been held more than six months prior to the amendment submission. For a joint application, each participating local governing body may either hold a separate public hearing or schedule a joint public hearing. Public Hearing Advertisement Requirements • Ads must be published once a week for two successive weeks in a newspaper of general circulation. • The final advertisement cannot be published less than five days or more than twenty -one days prior to the hearing. • The ad must give the time, date, and location of the hearing. The complete requirements for conducting public hearings are stated in §15.2 -2204, Code of Virginia. Information regarding joint zone amendments Localities participating in a joint zone can choose to amend their respective portions of the zone application simultaneously through the submission of one amendment application. However, this is not required. Participants in a joint zone may amend their portion of the zone independently of each other. Each locality can only amend their portion of the zone application once every twelve months from the approval date of their last amendment. All localities participating in the joint zone (regardless of whether or not they are amending their portion of the zone) must pass approval resolutions and sign joint application agreements for any amendment made by a partnering joint applicant. DHCD will not process any amendment application until the applicant or applicants in the case of a joint zone amendment are up to date on their annual reporting requirements. Minimum Resolution Format Requirements While DHCD does not provide a template for zone amendment resolutions, we outline the minimum requirements below which can also serve as the framework for a resolution. Single Jurisdiction -- Resolutions accompanying single locality applications for enterprise zone amendment should state that the local governing body: • Is applying for enterprise zone amendment; • Authorizes its chief administrator (or clerk where there is no chief administrator) to submit all information needed to apply for a zone amendment. • Authorizes its chief administrator (or clerk) to meet other program administrative and reporting requirements, as defined by the Enterprise Zone Regulations, throughout the life of the zone. Joint Application -- Separate resolutions are required of each participating locality and should state that: ❑ The local governing body is applying for enterprise zone amendment jointly with other localities (provide names); ❑ One jurisdiction (provide name) is designated to act as program administrator; ❑ The local governing body authorizes the chief administrator (or clerk) acting as program administrator to submit all information needed to apply for an enterprise zone amendment and to carry out all program administrative and reporting requirements on its behalf; The local governing body authorizes the chief administrator (or clerk) acting as program administrator to carry out all program administrative and reporting requirements on its behalf, as defined by the Enterprise Zone Regulations, throughout the life of the zone. Each jurisdiction participating in a joint EZ application has completed a Joint Application Agreement. See page 14 of appendix for format of agreement. Virginia Enterprise 2onas Appendix I: Local Assurances Local Assurances and Authorizations are used to certify the accuracy of the information provided by the applicant and to insure that the Program Regulations will be met. Important: All applications must include a certified resolution from the local governing body. If a joint application, include resolutions of each local governing body. Attach the resolutions at the end of the amendment application. Joint applications must also include Joint Application Amendment Agreement (JA) — refer to page 14 of the appendix. As the representative of the local governing body of the City of Roanoke, I hereby certify that: (locality) 1. The information in the Enterprise Zone application is accurate to the best of my knowledge. 2. A public hearing was held by the aforementioned locality to solicit comments on this request for application amendment. A copy of the public hearing advertisement and a copy of the public hearing minutes are attached. 3. Any local enterprise zone incentives proposed by the aforementioned locality in the Enterprise Zone application represents a firm commitment by the locality and have been reviewed by the local governing body's attorney as to their legality; 4. It is understood that if at any time the aforementioned locality is unable or unwilling to fulfill a commitment to provide local enterprise zone incentives, or if no state enterprise zone incentives have been utilized within a five -year period, the zone shall be subject to termination. Chief Administrator: Title: City Manager Date: 9 vkgmiz E wprise Zones Appendix II: Zone Size Requirements and Configurations Size Limits for Zones in Towns and Cities Minimum: one - quarter (1/4) square mile (160 acres). Maximum: one square mile (640 acres). Exception: may be larger than one square mile provided it does not exceed seven percent of the locality's land area or it does not encompass more than seven percent of the locality's total population. To calculate the population exception, use the Weldon Cooper Centers' most recent final (not provisional) population estimates for the locality. The following is link to the Weldon Cooper Public Service Center: http:/Iwww.coopercenter.org/demographics/POPULATI ON %20ESTIMATES/ Size Limits for Zones in Counties Minimum: one -half (1/2) square mile (320 acres). Maximum: six square miles (approximately 3,840 acres). Size Limits for Zones in Consolidated Cities Zones in cities where the present boundaries have been created through the consolidation of a city and county (Chesapeake, Hampton, Newport News, and Virginia Beach) or the consolidation of two cities (Suffolk and Richmond), must use the minimum and maximum size guidelines for zones in unincorporated areas of counties described above. Single zone: An enterprise zone located entirely within a single jurisdiction. The locality's zone can consist of three non - contiguous zone areas. A county zone including areas within incorporated town limits constitutes a single zone and town acreage is considered part of the county's zone acreage. Counties can amend their zone boundaries to include part of the corporate town limits as part of the zone. This addition does NOT constitute a joint zone. The acreage within the town limits counts towards the county's maximum zone acreage. Towns added into the county acreage are not required to offer local enterprise zone incentives, but may. / U ` Non-contiguous countv zone areas County EZ boundaries ;�t Town limits Portion of town limits in County's zone 10 Virginia Enterprise Zones Appendix ll: Zone Size Requirements and Configurations Joint zone: An enterprise zone located in two or more jurisdictions. Each locality's portion of the joint zone can consist of up to three non - contiguous geographic areas relative to that locality. The three non- contiguous areas comprise that locality's total zone size and the acreage of all three non - contiguous areas must meet the total size requirements for that type of locality. If a locality participates in a joint zone and also has two other zone designations, each of the three zones can consist of three non - contiguous areas. In the case of the joint zone, one of the locality's three possible zone areas must be contiguous to at least one other participant's zone area. The following are some examples of joint zone configurations: • = Non - contiguous areas of one locality's enterprise zone = Area where localities in joint zones are contiguous EXAMPLE A: Two - locality joint zone • 1 Locality B • • Locality A • EXAMPLE B: Four - locality joint zone Locality A • • Locality B .... ............................... • • ,. k • Locality D Locality C • 11 pIn a Entpnse Zones OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building R Church Avenue, SW, Room 364 Roanoke, noke, Virginia 24011 ROANOKE www.roanokeva.gov www.roanokeva.gov Property /Business Owner of Property Located in the City of Roanoke, VA Dear Property and /or Business Owner: October 27, 2014 Due to the anticipated expiration of Enterprise Zone Two on December 31, 2015, and that such Zone will not be renewed by the Commonwealth of Virginia, the City of Roanoke is proposing boundary amendments to Enterprise Zone One A and its Subzone B, and to Enterprise Zone Two. The amendments will remove the properties listed on the attached list from the boundaries of Enterprise Zone Two City of Roanoke Real Estate Valuation and /or the Treasurer's Office records indicate you own one or more of the properties, or operate one or more of the businesses, on the attached list. State Enterprise Zone regulations require the City of Roanoke to notify all property owners and business owners whose property is affected when a boundary amendment occurs that deletes a property from an Enterprise Zone. City records indicate that your property, shown on the attached list, will be affected by these amendments by being removed from Enterprise Zone Two and will no longer be eligible for the local and State incentives currently offered in any of the Enterprise Zones_ A copy of the maps, a list of Tax Map numbers of the properties involved in the amendments, the other documents involved in the amendments, and the local incentives currently offered in Zone One A and Zone Two and their Subzones are available for public inspection in the Department of Economic Development offices at 117 Church Avenue, S.W., Roanoke, Virginia 24011, phone number (540) 853- 5405. Please contact Brandon Turner at the above number if you want to know if a specific piece of property is involved in this matter. You are being notified that a public hearing regarding the proposed boundary amendments to Enterprise Zone One A and its Subzone B and Enterprise Zone Two is scheduled for Monday, November 17, 2014 at 7:00 PM in the City Council Chamber, Fourth Floor, Room 450, Noel C. Taylor Municipal Building located at 215 Church Avenue, S.W., Roanoke, Virginia 24011. Should you have any questions regarding this notice, please contact Brandon Turner, Enterprise Zone Administrator, at (540) 853 -5405. Sir}cc+te!y, ristopher P. Morrill City Manager OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building M�,Wkq Roanoke, Church Avenue, SW, Room 364 Roanoke, Virginia zgou ROANOKE www.roanokeva.gov www.roanokeva.gov Property /Business Owner of Property Located in the City of Roanoke, VA Dear Property and /or Business Owner: October 27, 2014 Due to the anticipated expiration of Enterprise Zone Two on December 31, 2015, and that such Zone will not be renewed by the Commonwealth of Virginia, the City of Roanoke is proposing boundary amendments to Enterprise Zone One A and its Subzone B, and to Enterprise Zone Two. The amendments will remove properties listed on the attached sheet from the boundaries of Enterprise Zone Two and will add these properties into Enterprise Zone One A's Subzone B. City of Roanoke Real Estate Valuation and /or the Treasurer's Office records indicate you own one or more of the properties, or operate one or more of the businesses, on the attached list. State Enterprise Zone regulations require the City of Roanoke to notify all property owners and business owners whose property is affected when a boundary amendment occurs that deletes a property from an Enterprise Zone. City records indicate that your property, shown on the attached list, will be affected by these amendments in three ways: 1) your property, shown on the attached list, will be deleted from Enterprise Zone Two and will not be eligible for local incentives in Zone Two; 2) your property will become part of Fnterprise Zone One A's Subzone B, but will remain eligible for the same State incentives as were available for Enterprise Zone Two; and 3) your property will be eligible for the local incentives to be offered in Enterprise Zone One A's Sulhzore B. A copy of the maps, a list of Tax Map numbers of the properties involved in the amendments, the other documents involved in the amendments, and the local incentives currently offered in Zone One A and Zone Two and their Subzones are available for public inspection in the Department of Economic Development offices at 117 Church Avenue, S.W., Roanoke, Virginia 24011, phone number 540 -853- 5405. Please contact Brandon Turner at the above number if you want to know if a specific piece of property is involved in this matter. You are being notified that a public hearing regarding the proposed boundary amendments to Enterprise Zone One A and its Subzone. B and Enterprise Zone Two Is scheduled for Monday, November 17, 2014, at 7:00 PM in the City Council Chamber, Fourth Floor, Room 150, Noel C. Taylor Municipal Building located at 215 Church Avenue, S.W., Roanoke, Virginia 24011. Should you have any questions regarding this notice, please contact Brandon Turner, Enterprise Zone Administrator, at (540) 853 -5405. Sin fly,, i Christopher P. Morrill City Manager atr or Salem HERSHBERGFRRp MEZRGSFgVE C U NW a Enterprise Zone Two Subzone B ., n Enterprise Zone Two Subzone A n ti O 2 A O 81 ORANGEAVE i-- *f—+—t-- ELM AVE Enterprise Zone Two Proposed 2014 Changes + } _A _� OPIE PNE} �i6D ''"-X J CITY OF ROANOKE ;LL . w +e �Ente3prise Zone Two 0 025 05 t oMiles -oelete I w <rcaureo ar. - r.,,,, iae DATE 23 oa 2014 CITY OF ROANOKE INTERDEPARTMENTAL COMMUNICATION OFFICE OF THE CITY ATTORNEY DATE: October 30, 2014 TO: Stephanie M. Moon Reynolds, City Clerk FROM: Laura M. Carini, Assistant City Attorney SUBJECT: Affidavits of Mailing Regarding Proposed Boundary Amendments to Enterprise Zone One A and Its Subzones A and B, and to Enterprise Zone Two Attached are three copies of Affidavits certifying the mailing of the Notices of Public Hearing regarding Amendments to Enterprise Zone One A and its Subzone B, and to Enterprise Zone Two. Copies of the three Notice Letters dated October 27, 2014, together with an attached list of properties, are attached to the respective Affidavit. Please file these documents with the other documents on this matter so that they are available for the public. Should you have any questions or need further information, please contact me. Thank you for your assistance in this matter. Ec: R. Brian Townsend, Assistant City Manager of Community Development Wayne Bowers, Director of Economic Development Robert Ledger, Economic Development Manager Brandon Turner, Economic Development Specialist Daniel J. Callaghan, City Attorney AFFIDAVIT TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE PROPOSED BOUNDARY AMENDMENTS TO ENTERPRISE ZONE ONE A AND ITS SUBZONE B AND TO ENTERPRISE ZONE TWO AND AN INCENTIVE AMENDMENT TO THE FAQADE GRANT PROGRAM FOR ENTERPRISE ZONE ONE A: COMMONWEALTH OF VIRGINIA ) ) TO -WIT: CITY OF ROANOKE ) The affiant, Melissa Murray, first being duly sworn, states that she is Administrative Assistant for Roanoke City's Department of Economic Development, and as such is competent to make this affidavit of her own personal knowledge. Affiant states that, pursuant to the provisions of Section 15.2 -2204, Code of Virginia, (1950), as amended, on behalf of the Economic Development Department of the City of Roanoke, she has sent by first -class mail on October 27, 2014, notices of a public hearing to be held on November 17, 2014, on the proposed Boundary Amendments to Enterprise Zone One A and its Subzone B and to Enterprise Zone Two to the property owners and /or business owners and /or their agent of the parcels listed on the attached sheet (Attachment A) at their last known address as shown by the records of the City of Roanoke, Virginia. A copy of the notice is attached as Attachment B. Melissa Murray 1 COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to -wit: I, l An%fa2d M• ACA a notary public, in and for the City of Roanoke, Commonwealth of Virginia, do hereby certify that Melissa Murray, whose name is signed to the foregoing, personally appeared before me and made oath that the same is true to the best of her knowledge, information and belief. GIVEN under my hand this 2?4day of October 2014. My commission c��om''misnnsion//expires otary Public ; =� ; .. Registration No. „oLtC Reg.# 321563 j My Gam. Erpc. C Enterprise Zone Amendments - 2014 Attachment A to Affidavit by Melissa Murray on October 27, 2014 Properties to be Deleted from Enterprise Zone One A or its Subzone B 8 JeNrson "Place, LLC 2013606 jd, & kfierson Street, NW Roanoke VA American National Red Cross 1012407 352 Church Avenue, SW Roanoke VA Appalachian Power 1013314 40 Franklin Road, SW Roanoke VA Appalachian Power Company 1020501 P.O. Box 16428 Columbus OH Calvary Baptist Church 1113303 608 Campbell Avenue, SW Roanoke VA City of Roanoke 1011306 215 Church Avenue, SW Roanoke VA Commonwealth of Virginia 1110201 P.O. Box 3071 Salem VA First Baptist Church of Roanoke 1012409 515 Third Street, SW Roanoke VA Merchants Parking Company, Inc. 1010502 4405 -B Starkey Road Roanoke VA NGV P Roanoke, VA LLC 4011913 1650 Tysons Boulevard, STE 200 McLean VA Norfolk and Western Railway Company 2014201 110 Franklin Road, SE Roanoke VA Renovated Properties, Ltd. 1113102 P.O. Box 1174 Roanoke VA TRS Greene Memorial United Methodist 1012601 P.O. Box 1305 Roanoke VA Western Virginia Water Authority 1013307 601 S. Jefferson Street, SW, STE 200 Roanoke VA William H. Hendrickson, III 1113103 910 Campbell Avenue, SW Roanoke VA 24016 24011 43216 24016 24011 24153 24016 24018 22102 24042 24006 24007 24011 24016 OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 25 Church Avenue, SW, Raom 364 Roanoke, Virginia zGoii ROANOKE 540-.roanoke vrrovc roa�okeva.gov October 27, 2014 Property /Business Owner of Property Located in the City of Roanoke, VA Dear Property and /or Business Owner: Due to the anticipated expiration of Enterprise Zone Two on December 31, 2015, and that such Zone evill not be renewed by the Common. ✓ealth of Virginia, the City of Roanoke is proposing boundary amendments to Enterprise Zone One A and its Subzone B, and to Enterprise Zone Two. The amendments will remove the properties listed on the attached list from the boundaries of Enterprise Zone One A or its Subzone B. City of Roanoke Real Estate Valuation and /or the Treasurer's Office records Indicate you own one or more of the properties, or ( aerate one e, mcre of the b ;stresses, or the attached list. State Enterprise Zone re;ulatioas require the City of Roano<e to cotify a!' property owners and business owners whose property is affected lchen a boundary amendment occni�s that deletes a property from an Enterprise Zone. City rece,ds mdlcate that your property, shown on the attached list, will be affected by these amendments by being removed from Enterprise Zone One A or its Subzone B, and will no longer be eligible for the local a id State i irentives curren'.ly offered In ark of the Enterprise Zones. A copy of the ma_ os, a list of Tax Map nu nbers of the properties involved in the amendments, the other CIO CLlMe n ts i wo'' '0d I ^. th' ; "'Imr It a._,1 ,r,. bcal i-G_..t.:'s ,ur,e Wy offe re d Ir. Zo,.je 0rjo A a ^d Zone Two and their Sulizones are available for public inspection in the Department of Economic Development offices at 117 Church Avenue, S -4V., Roanoke, Virginia 24011, phone number (540) 853- 5405. Please contact Brandon Tureen a'. the above number if You evar,,tto know if a specific piece of property is involved in this matter. You are being notified that a public hearing regaroing the proposed boundary amendments to Enterprise Zone One A and its S.ihzo ^.e B and Enterprise Zone T. +.,o is scheduled for Monday. Novernber 17. 2014, at 7:00 PN4 i� the City Co.rnCi! Chamber, Fo,l,th Fluor, Room 450, Noel C. Taylor MUmCipal Building located at 215 Chin h Avenc:e S tA'., Roirtoke V rg n!a 24011 Should you have a q uest!ons regarding th!s rotice, please contact Brandon Turner, Enterprise Zone Administrator, at (540) 853 -5405- S elr stop er P. Morrill City `Aanager AFFIDAVIT TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE PROPOSED BOUNDARY AMENDMENTS TO ENTERPRISE ZONE ONE A AND ITS SUBZONE B AND TO ENTERPRISE ZONE TWO AND AN INCENTIVE AMENDMENT TO THE FAQADE GRANT PROGRAM FOR ENTERPRISE ZONE ONE A: COMMONWEALTH OF VIRGINIA ) TO -WIT: CITY OF ROANOKE ) The affiant, Melissa Murray, first being duly sworn, states that she is Administrative Assistant for Roanoke City's Department of Economic Development, and as such is competent to make this affidavit of her own personal knowledge. Affiant states that, pursuant to the provisions of Section 15.2 -2204, Code of Virginia, (1950), as amended, on behalf of the Economic Development Department of the City of Roanoke, she has sent by first -class mail on October 27, 2014, notices of a public hearing to be held on November 17, 2014, on the proposed Boundary Amendments to Enterprise Zone One A and its Subzone B and to Enterprise Zone Two to the property owners and /or business owners and /or their agent of the parcels listed on the attached sheet (Attachment A) at their last known address as shown by the records of the City of Roanoke, Virginia. A copy of the notice is attached as Attachment B. _ ` � .r_- Q. Melissa Murray 1 COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to -wit: I, t,JSsAA(P �i.,6a2r�u , a notary public, in and for the City of Roanoke, Commonwealth of Virginia, do hereby certify that Melissa Murray, whose name is signed to the foregoing, personally appeared before me and made oath that the same is true to the best of her knowledge, information and belief. GIVEN under my hand this 2—) day of October 2014. Myyc commission /expires 4A4 (31, ?-Dl � otary Public Registration No. aA5W y– �— R41EiLIG `• �` • Peg.# 321563 My cam. E %p6. N, Enterprise Zone Amendments - 2014 Attachment A to Affidavit by Melissa Murray on October 27, 2014 Properties to be Deleted from Enterprise Zone One A or its Subzone B 9JeffersonPlace, LLC ' 2013606 45. 207efferson Street, NW oanoke VA American National Red Cross 1012407 352 Church Avenue, SW Roanoke VA Appalachian Power 1013314 40 Franklin Road, SW Roanoke VA Appalachian Power Company 1020501 P.O. Box 16428 Columbus OH Calvary Baptist Church 1113303 608 Campbell Avenue, SW Roanoke VA City of Roanoke 1011306 215 Church Avenue, SW Roanoke VA Commonwealth of Virginia 1110201 P.O. Box 3071 Salem VA First Baptist Church of Roanoke 1012409 515 Third Street, SW Roanoke VA Merchants Parking Company, Inc. 1010502 4405 -B Starkey Road Roanoke VA NGV P Roanoke, VA LLC 4011913 1650 Tysons Boulevard, STE 200 McLean VA Norfolk and Western Railway Company 2014201 110 Franklin Road, SE Roanoke VA Renovated Properties, Ltd. 1113102 P.O. Box 1174 Roanoke VA TRS Greene Memorial United Methodist 1012601 P.O. Box 1305 Roanoke VA Western Virginia Water Authority 1013307 601 S. Jefferson Street, SW, STE 200 Roanoke VA William H. Hendrickson, III 1113103 910 Campbell Avenue, SW Roanoke VA 24016 24011 43216 24016 24011 24153 24016 24018 22102 24042 24006 24007 24011 24016 OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building Church Avenue, SW, Room 364 Roanoke, Virginia z4011 or< ROANOKE 543 853 poke vrNVCroanokeva.go,i Property /Business Owner of Property Located in the City of Roanoke, VA Dear Property and /or Business Owner: October 27, 2014 Due to the anticipated expiration of Enterprise Zone Two on December 31, 2015, and that such Zone will not be renewed by the Commonwealth of Virginia, the City of Roanoke is proposing boundary amendments to Enterprise Zone One A and its Subzone B, and to Enterprise Zone Two. The amendments will remove the properties listed on the attached list from the boundaries of Enterprise Zone One A or its Subzone B. City of Roanoke Real Estate Valuation arid so, the Treasurer's Office records Indicate you o ,.n one or more o` the nmp,,rfes, or ope -ate on or more or the b slnesses, on the attached list State Enterprise Zone regulations reyui; e the City of Roanol<e to notify a!' property owners and business owners whose property is affect-,3d when a boundary, amendment occurs that deletes a property, from an Enterprise Zone City records ind!cate that your property, shown on the attached list, will be affected by these amendments by being removed from Enterprise Zone One A or Its Subzone B, and will no longer be eligible for tiro !oral and State incentives a:rrertly offered in ar of the Enterpris= Zones. A cony of the maps, a list o` Tar P.1ap r.rnbers of t'ie properties involved in the amendments, the other documa,ts ;,o1. ,i the i nd-rents 2 r,d tr,, I o ca 1 i'c iriv,s curre,,,tly offered i c 70ne One A and Zone Two and theirSubzones are available for public inspection in the Department of Economic Development offices at 117 Church Avenue, S W., Roanoke, Virginia 24011, phone number (540) 853- 5405 Please contact Brandon Turner at the above number if you e%ant to know if a specific piece of property is involved in this matter. You are bein, notified that a pubic hearing regard�n the proposed boundary amendments to Enterprise Zone Ore A acd its Subzone B and Enterprise Zone Two is scheduled for Monday, November 17, 2014, at 7:00 PM w the City Co,inci' Chamber, Fo,.rth Floor, Room 450, Noel C Taylor Municipal Building located at 215 Chu,cl A,enue S V.'., Roa ,oke. Virginia 24011 Should you hav° any gulestions regarding this notce, please coetact Brandon Turner, Enterprise Zone Adminstrator, at (540) 853 -5405- S ly stop rer P. N- lorri!; City Manager AFFIDAVIT TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE PROPOSED BOUNDARY AMENDMENTS TO ENTERPRISE ZONE ONE A AND ITS SUBZONE B AND TO ENTERPRISE ZONE TWO AND AN INCENTIVE AMENDMENT TO THE FAQADE GRANT PROGRAM FOR ENTERPRISE ZONE ONE A: COMMONWEALTH OF VIRGINIA ) TO -WIT: CITY OF ROANOKE ) The affiant, Melissa Murray, first being duly sworn, states that she is Administrative Assistant for Roanoke City's Department of Economic Development, and as such is competent to make this affidavit of her own personal knowledge. Affiant states that, pursuant to the provisions of Section 15.2 -2204, Code of Virginia, (1950), as amended, on behalf of the Economic Development Department of the City of Roanoke, she has sent by first -class mail on October 27, 2014, notices of a public hearing to be held on November 17, 2014, on the proposed Boundary Amendments to Enterprise Zone One A and its Subzone B and to Enterprise Zone Two to the property owners and /or business owners and /or their agent of the parcels listed on the attached sheet (Attachment A) at their last known address as shown by the records of the City of Roanoke, Virginia. A copy of the notice is attached as Attachment B. Melissa Murray 1 COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to -wit: I, %n(P M., 21�J , a notary public, in and for the City of Roanoke, Commonwealth of Virginia, do hereby certify that Melissa Murray, whose name is signed to the foregoing, personally appeared before me and made oath that the same is true to the best of her knowledge, information and belief. GIVEN under my hand this V day of October 2014 My commission c�om'"misn�sion//expires 1Ylgah c3�, ?-0l 6 va A4. otary Public :� : "..... • 0 OTARy'., per. Registration No. Reg•# 321563 Q My Com. EKpc. l��• PA Enterprise Zone Amendments - 2014 Attachment A to Affidavit by Melissa Murray on October 27, 2014 Properties to be Deleted from Enterprise Zone One A or its Subzone B rican National Red Cross alachian Power alachian Power Company ary Baptist Church of Roanoke Commonwealth of Virginia First Baptist Church of Roanoke Merchants Parking Company, Inc. NGV P Roanoke, VA LLC Norfolk and Western Railway Company Renovated Properties, Ltd. TRS Greene Memorial United Methodist Western Virginia Water Authority William H. Hendrickson, III 2013606 204 S Jefferson Street, NW ' Adanoke VA 1012407 352 Church Avenue, SW Roanoke VA 1013314 40 Franklin Road, SW Roanoke VA 1020501 P.O. Box 16428 Columbus OH 1113303 608 Campbell Avenue, SW Roanoke VA 1011306 215 Church Avenue, SW Roanoke VA 1110201 P.O. Box 3071 Salem VA 1012409 515 Third Street, SW Roanoke VA 1010502 4405 -B Starkey Road Roanoke VA 4011913 1650 Tysons Boulevard, STE 200 McLean VA 2014201 110 Franklin Road, SE Roanoke VA 1113102 P.O. Box 1174 Roanoke VA 1012601 P.O. Box 1305 Roanoke VA 1013307 601 S. Jefferson Street, SW, STE 200 Roanoke VA 1113103 910 Campbell Avenue, SW Roanoke VA 24016 24011 43216 24016 24011 24153 24016 24018 22102 24042 24006 24007 24011 24016 OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building =riftlkq 25 Church Avenue, SW, Room 354 Roanoke, Virginia 24011 ROANOKE 54 °.853 2333 www.roano'seva.gov Property /Business Owner of Property Located in the City of Roanoke, VA Dear Property and /or Business Owner: October 27, 2014 Due to the anticipated exp :ration of Enterprise Zone Two on December 31, 2015, and that such Zone will riot be renewed by the Common.vealth of Virginia, the City of Roanoke is proposing boundary amendments to Enterprise Zone One A and its Subzone B, and to Enterprise Zone Two. The amendments will remove the properties listed on the attached list from the boundaries of Enterprise Zone One A or its Subzone B. City of Roanoke Real Estate Valt:ation and /or the Treasurer's Office records indicate you o,,vn one or more of the proprt�cs, or oprrarr o,ie or more of the bjsin sses on the attached lis!. Stale Enterprise Zone regulations require the City of Roanoke to notify a2 property owners and business owners whose property is affected when a boundary amendment occ :: -s that deletes a property from an Enterprise Zone- City recd -ds indicate that your property, shovm on the attached list, will be affected by these amendments by being removed from Enterprise Zone One A or its Subzone B, and will no longer be efi?ihle for the local and State mcent'ves a,rrertly offered in ary of the Fr.terorise Zones A cony of the maps . a list of Tax %lap nu11'bers of the prcnertws involved in the amendments, the other cna:me its ;-�vc! r i i- the a � d j) (I 7i t n )d t'- e Kcal i -, ,r t .2 s cure ^tIy o f I e e i i Zone 0rie A a ^d Zone Two and their Subzones are available fo' public Inspection in the Department of Economic Development offices at 117 Church Avenue, S W., Roanoke, Virginia 24011, phone number (540) 853- 5405, Please contact Brandon Turner at the above non;ber if you want to know if a specific piece of property is involved in this matter. You are being notlfled that a public hearing regarding the proposed bourda, ^y amendments to Fnterprse Zone One A a ^.d i's Subzone B a,-d Enterprise Zone Two is scheduled for Monday, November 17. 2014, at 7:00 PM it the City Counc :l Chamber. Fourth Floo, Room a50, Noel C. Taylor Municipal Building located at 215 Church Avence SS ^.' Poano'<v Vin; is 24011 ShopLdd yo,: have any questions regarding this notice, please contact Brandon Turner, Enterprise Zone Administrator, at (540) 853 -5405 D?. Nlorrlll City Manager AFFIDAVIT TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE PROPOSED BOUNDARY AMENDMENTS TO ENTERPRISE ZONE ONE A AND ITS SUBZONE B AND TO ENTERPRISE ZONE TWO AND AN INCENTIVE AMENDMENT TO THE FAQADE GRANT PROGRAM FOR ENTERPRISE ZONE ONE A: COMMONWEALTH OF VIRGINIA ) ) TO -WIT: CITY OF ROANOKE ) The affiant, Melissa Murray, first being duly sworn, states that she is Administrative Assistant for Roanoke City's Department of Economic Development, and as such is competent to make this affidavit of her own personal knowledge. Affiant states that, pursuant to the provisions of Section 15.2 -2204, Code of Virginia, (1950), as amended, on behalf of the Economic Development Department of the City of Roanoke, she has sent by first -class mail on October 27, 2014, notices of a public hearing to be held on November 17, 2014, on the proposed Boundary Amendments to Enterprise Zone One A and its Subzone B and to Enterprise Zone Two to the property owners and /or business owners and /or their agent of the parcels listed on the attached sheet (Attachment 1) at their last known address as shown by the records of the City of Roanoke, Virginia. A copy of the notice is attached as Attachment II. Melissa Murray 1 COMMONWEALTH OF VIRGINIA CITY Y OF ROANOKE, to-wit: 1, OASC �lA A/ &/�9 A/ , a notary public, in and for the City of Roanoke, Commonwealth of Virginia, do hereby certify that Melissa Murray, whose name is signed to the foregoing, personally appeared before me and made oath that the same is true to the best of her knowledge, information and belief. GIVEN under my hand this Z! day of October 2014. My commission expires NVA 3), 20 ..........., c No T otary Public ��4 9D A Registration No. c32� 32jse3 /C OF yO m Enterprise Zone Amendments - 2014 Attachment I to Affidavit by Melissa Murray on October 27, 2014 Property to be Deleted from Enterprise Zone Two P.O. Box 723 - Vinton .. VA Self Storage 7050111 201 Berkeley Road, NE Roanoke VA 24012 ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, Sw, Room 364 Roanoke, Virginia 24011 540853.2333 vivivc. roa n o keva. gov October 27, 2014 Property /Business Owner of Property Located in the City of Roanoke, VA Dear Property and /or Business Owner: Due to the anticipated expiration of Fnterprise Zone Two on December 31, 2015, and that such Zone will not be renewed by the Commonwealth of Virginia, the City of Roanoke is proposing boundary amendments to Enterprise Zone One A and its Subzone B, and to Enterprise Zone Two. The amendments will remove the properties listed on the attached list from the boundaries of Enterprise Zone Tv;o City of Roanoke Real Estate Valuation a ^.d/or the Treasurer's Office records indicate you own one or more of the properties, or operate o-e or -sore of the businesses, o- the attached list. State Enterprise Zone rc u'ations require the City or R'ano!<e to notify a!I property owners and business owners whose property is affecred,vhen a boundary arrendrient occurs that deletes a'property from an Enterprise Zone. City records indicate that your property, shown on the attached list, will be affected by these amendments by being removed from Enterprise Zone Two and will no longer be eligible for the local and Stale - centives currently orfcred in a-%r o the Fnt, rprlse Zores Ceps, of the maps. a S!: nr Tax N1a'p r � ,hers orr — proptrts Trvo acd TO the a - endure ,,ts, the o'her rrd i^ tha tc rdne rs r _ gal ;es cur u;!y offered in Zone Ore A and Zone Two and their 9.:bzones are available for public insoection is the Department of Economic Development offices at 117 Church Avenue. SAV- Roanoke, Virginia 2 -:011, phone number (540) 853 5-105 Please contact Brandor Turner et the above -umber if you want to know if a specific piece of property is involved in this matter. You are being no `ed that a pub".( he . rr_ga rri nr; the'proposed dC < )car; an.cndrrents to Enterp,ise Zone One A and its Subzone B and Ente'pf ise Zone Two is s"ieduled for Monday, November 17, 2014 at 7:00 PM in the City Co,mcil Chamber, Fourt,, Floor, Room 450, Noel C. Taylor Municipal B_ilding located at 2S Ch rch Ave -.:e, 5 \V Roanoke, Virginia 2 -:011- Should you have any questions regarding this r,ot�ce, please contact Brandon Turner, Enterprise Zone Administrator, at (540) 853 -5405. See re', y, i L'r1stipher P. N!orriC City %imager AFFIDAVIT TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE PROPOSED BOUNDARY AMENDMENTS TO ENTERPRISE ZONE ONE A AND ITS SUBZONE B AND TO ENTERPRISE ZONE TWO AND AN INCENTIVE AMENDMENT TO THE FAQADE GRANT PROGRAM FOR ENTERPRISE ZONE ONE A: COMMONWEALTH OF VIRGINIA ) ) TO -WIT: CITY OF ROANOKE ) The affiant, Melissa Murray, first being duly sworn, states that she is Administrative Assistant for Roanoke City's Department of Economic Development, and as such is competent to make this affidavit of her own personal knowledge. Affiant states that, pursuant to the provisions of Section 15.2 -2204, Code of Virginia, (1950), as amended, on behalf of the Economic Development Department of the City of Roanoke, she has sent by first -class mail on October 27, 2014, notices of a public hearing to be held on November 17, 2014, on the proposed Boundary Amendments to Enterprise Zone One A and its Subzone B and to Enterprise Zone Two to the property owners and /or business owners and /or their agent of the parcels listed on the attached sheet (Attachment 1) at their last known address as shown by the records of the City of Roanoke, Virginia. A copy of the notice is attached as Attachment II. Melissa Murray 1 COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to -wit: 1, OAS} /-jr�l,�%�L% A/ 064gJ ° , a notary public, in and for the City of Roanoke Commonwealth of Virginia, do hereby certify that Melissa Murray, whose name is signed to the foregoing, personally appeared before me and made oath that the same is true to the best of her knowledge, information and belief. GIVEN under my hand this Z% day of October 2014. My commission expires �'GiG�I ��, Zt)l rc� �/n C Cva /, otary Public 'f Tqq' 6 Registration No. (3215J�3 Maa 3�'�/C OF r� m 2jSB3 • � Enterprise Zone Amendments - 2014 Attachment I to Affidavit by Melissa Murray on October 27, 2014 Property to be Deleted from Enterprise Zone Two eet investments, LLC 7050111 P.O. Box 723 Vinton VA 24179 Self Storage 7050111 201 Berkeley Road, NE Roanoke VA 24012 OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building A� Roanoke, Church Avenue, Sw, Room 35� Roanoke, Virginia 24011 ROANOKE 540 .8 53a2 333 www.roanokeva.gov Property /Business Owner of Property Located in the City of Roanoke, VA Dear Property and /or Business Owner: October 27, 2014 Due to the anticipated expiration of Enterprise Zone Tr ✓o on December 31, 2015, and that such Zone will not be renewed by the Commonwealth of Virginia, the City of Roanoke is proposing boundary amendments to Enterprise Zone One A and its Subzone B, and to Enterprise Zone Two. The amendments will remove the properties listed on the attached list from the boundaries of Enterprise Zone Two City of Roanoke Rea! Estate Valuation and /or the Treasurer's Office records indicate you own one or more o` the properties, or operate one or more of the businesses, on the attached list. State Enterprise Zone regu'ations require the City of Rcano, e to notny all property owners and business c,.vners whose property Is affected v; hen a boundary arendrnent occurs that deletes a property from an Enterprise Zone. City records indicate that your property, shov.,n on the attached list, will be affected by these amendments by being removed from Enterprise Zone Two and will no longer be eligible for the local and State it -ertives ;rrent!y off re;! i,r ,, .y of the Enterpris:, Zrnies. A copy of the rT.aps: a list o`T e 2'a'. , "i)..,r of t[,e r,rop 'rs imdd- :,cl in. the ,. a rrdme:,�ts. tyre otrr— '11' '1 r s n the ar.nd �re s tijo gal yes a;rrentfy offered in Lone One A and Zone Two and their S:rbzones are available for public inspection in the Department of Economic Deve'opment offices at 117 Church Aven,,:e. S -6V., Roanoke, V�rgim;a 2 4011, phone nurnber (540) 853- 5 -105- Please contact Brandon Turner at the above cumber if you want to know if a specific piece of property is involved in thus matter_ You are being nog f.ed that - �ub'!c rc r ; r..padhTe tike proposed bcc.ndar; arrencrnents to Enterprise Zone. One A and its Subzone B arrJ Enterprise Zone Two is scheduled for Monday, November 17, 2014 at 7:00 Pi�q In the Gby Co,,r do' Chamber, Fourtr, Floor, ReLm 450, Noel C. Taylor Municipal B.Aiding located at 215 Church Ave—UP, SA%' Roeno!ke, Virginia 2 -1011. Should you have any questions regarding this notice, please cc-tact Brandon Turner, Enterprise Zone Administrator, at (540) 853 -5405- S, ?re!" rlstopher P. M,orol! City Manager AFFIDAVIT TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE PROPOSED BOUNDARY AMENDMENTS TO ENTERPRISE ZONE ONE A AND ITS SUBZONE B AND TO ENTERPRISE ZONE TWO AND AN INCENTIVE AMENDMENT TO THE FAgADE GRANT PROGRAM FOR ENTERPRISE ZONE ONE A: COMMONWEALTH OF VIRGINIA ) ) TO -WIT: CITY OF ROANOKE ) The affiant, Melissa Murray, first being duly sworn, states that she is Administrative Assistant for Roanoke City's Department of Economic Development, and as such is competent to make this affidavit of her own personal knowledge. Affiant states that, pursuant to the provisions of Section 15.2 -2204, Code of Virginia, (1950), as amended, on behalf of the Economic Development Department of the City of Roanoke, she has sent by first -class mail on October 27, 2014, notices of a public hearing to be held on November 17, 2014, on the proposed Boundary Amendments to Enterprise Zone One A and its Subzone B and to Enterprise Zone Two to the property owners and /or business owners and /or their agent of the parcels listed on the attached sheet (Attachment 1) at their last known address as shown by the records of the City of Roanoke, Virginia. A copy of the notice is attached as Attachment 11. �,sr�o. --C, • � Melissa Murray 1 COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to -wit: 1, OASC4W A/ 060 LW, a notary public, in and for the City of Roanoke, Commonwealth of Virginia, do hereby certify that Melissa Murray, whose name is signed to the foregoing, personally appeared before me and made oath that the same is true to the best of her knowledge, information and belief. GIVEN under my hand this Z! day of October 2014. My commission expires A10A 8), Tel ...................... *O ..N o )q'A otary Public n . Registration No. 6Z 2 o%-,• V.. _9D c .�i� ?583 '• rape OF Enterprise Zone Amendments - 2014 Attachment I to Affidavit by Melissa Murray on October 27, 2014 Property to be Deleted from Enterprise Zone Two vestments. LLC 7050111 P.O. Box 723 Self Storage 7050111 201 Berkeley Road, NE Roanoke VA 24012 OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building Church Avenue, SW, Room 364 Roanoke, Virginia zpoii ROANOKE 540.853.2333 wrrrw. roa n o keva. gov Property /Business OF,,iner of Property Located in the City of Roanoke, VA Dear Property and /or Business Owner: October 27, 2014 Due to the anticipated expiration of Enterprise Zone Two on December 31, 2015, and that such Zone will not be renewep by the Corrron %ealth of Virg ;nia, the City of Roanoke is proposing boundary amendments to Enterprise Zone One A and its Subzone B, and to Enterprise Zone Two. The amendments will remove the properties listed on the attached list from the boundaries of Enterprise Zone Two City of Roanoke Rea' Estate Valuation and /or the Treasurer's Office records indicate you own one or more of the properties, or operate onp or mere of the businesses, on the attached list. State Enterprise Zone regulations requi,e the City of Rcano!<e tc noiify all property corners and business owners whose property Is affected 6 %1[1erl a boundary a rendment occurs that deletes a property frorn an Enterprise Zone. City records indicate that your property, shown on the attached list, will be affected by these amendments by being rernoved from Enterprise Zone Two and will no longer be eligible for the local and State r. entives c, rrently offered in a .; of the Fnterprise Zones ,? copy of the maps, a list n Tors Ma :r bars of tF o prop, es wv9k.ed 7r the the other c —L' i s „Ca! na ves a;rr, offered in Zone 0 ^e A and Zone T�vo and their S_ib73nes are available for public inspect or- in the Department of Economic Development offices at 117 Church Ave;,,:e SA%, , Roanoke, V -ginia 21011, phone number (540; 853- 5 -105. Please contact Brandon Tcrner at the above rv,mber if you want to know if a specific piece of property is involved in this matter. You are neine retfled that a public he3 rep arding tine propos ,2c r O , -y 3riendrn ^nts to Enterprise Zone One A and us Subzone B and Enterprise Zone Two is scheduled for Monday, November 17, 2014 at 7:00 PI1 in the C,ty Co,inci' Chamber, Fourth, Floor, Room 450, Noel C Taylor Municipal BL�i�Jml, located at 215 Chinch Avenue, 5 VV Roanoke, Virginia 21011 Shou'd you have any questions rega, ding this net'ce, please contact Brandon Turner, Enterprise Zone Administrator, at (540) 853 - 5105. Sir�eeCely, LIr-5/t,opine, P. Morrd City %tanager AFFIDAVIT TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE PROPOSED BOUNDARY AMENDMENTS TO ENTERPRISE ZONE ONE A AND ITS SUBZONE B AND TO ENTERPRISE ZONE TWO AND AN INCENTIVE AMENDMENT TO THE FAQADE GRANT PROGRAM FOR ENTERPRISE ZONE ONE A: COMMONWEALTH OF VIRGINIA ) TO -WIT: CITY OF ROANOKE ) The affiant, Melissa Murray, first being duly sworn, states that she is Administrative Assistant for Roanoke City's Department of Economic Development, and as such is competent to make this affidavit of her own personal knowledge. Affiant states that, pursuant to the provisions of Section 15.2 -2204, Code of Virginia, (1950), as amended, on behalf of the Economic Development Department of the City of Roanoke, she has sent by first -class mail on October 27, 2014, notices of a public hearing to be held on November 17, 2014, on the proposed Boundary Amendments to Enterprise Zone One A and its Subzone B and to Enterprise Zone Two to the property owners and /or business owners and /or their agent of the parcels listed on the attached sheet (Attachment 1) at their last known address as shown by the records of the City of Roanoke, Virginia. A copy of the notice is attached as Attachment 2. �C. Melissa Murray i COMMONWEALTH OF VIRGINIA CITY OF ROANOKE. to -wit: I, ( &k4&9& KAa0 , a notary public, in and for the City of Roanoke, Commonwealth of Virginia, do hereby certify that Melissa Murray, whose name is signed to the foregoing, personally appeared before me and made oath that the same is true to the best of her knowledge, information and belief. GIVEN under my hand this? day of October 2014. My commission e pires Atch 3, ZD)s Notary Public Registration No. ardra y e ; AAy'�' a p�BL C ' m 'X...... .` Enterprise Zone Amendments - 2014 Attachment 1 to Affidavit by Melissa Murray on October 27, 2014 Properties to be Deleted from Enterprise Zone Two and Amended into Enterprise Zone One A's Subzone B ginia Transformer Corp 7050107 220 Glade View Drive, NE Roanoke VA 24012 deview, LLC 7050108 1502 Williamson Road, NE Roanoke VA 24012 .cision Technology 7050108 225 Glade View Drive, NE Roanoke VA 24012 OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building Church Avenue, SW Room 364 Roanoke, Virginia z401o�1 54°$'ar ROANOKE c,�.roanok ick wweva.goo, Property /Business Owner of Property Located in the City of Roanoke, VA Dear Property and /or Business Owner. October 27, 2014 Due to the an`Aga'ed expiratior of Enterprise Zone Two on December 31, 2015, and that such Zone will not be renewed by the Comrnonweaitti of Virginia, the City of Roanoke is proposing boundary amendments to Enterprise Zone One A and Its Subzone B, and to Enterprise Zone Two. The amendments will remove properties listed on the attached sheet from the boundaries of Enterprise Zone Two and will add these properties into Enterprise Zone One A's Subzone B. City of Roanoke Real Estate Valuation and lo, the TreasureCs Office records lodicate you own one or more of the properties, or op. ate or or more nr Me ba r esse5, on the attached list State Enterpnse Zone r ?iTatocs require Me Ct} of n oke to „ )W, aV p. cperbf o -ers and t ns oss or:ners whose property is allected Wen a bow,d aq amendment occurs that ddetes a property from an Enterprise Zo ^e City recows w_d&Ae that yaw Ironer^;, shown on the attached At &H be affected by these amendments in three ways; 1) your property, Owa r on the attached list, will be deleted Karl) Enterpnse Zone Toro and will pot be r nintro for'r _;! incon`is-es it Zone Two; 2) your property wi!I 5ocome part o` f n erionse I roc 0-re 1 s S „o, , 3, L >, e' ; We for ,ha szme Sr rc i-xert.ves as no, a,a aW for Fnmrrise Lone ^! 3 yo v rrupprt,, he e for the !,coal ncentves to be offs ed i- F r- u,nne 7one Ch- AA 5 „ B. A copy of the maps, a list of Tax Map numbers of the properties KNOW in the amendments, the other documents involved in the amendments and tie local incentives currently offered in Zone One A and Zone Two and their Subzones are avan »'e for p n ii lnsoecton hr the Deoartment or Economic Development c"Tes at 117 CnuNh A 5.0% Roanoke Q gir'a 24011 : ipm numbe, WS 853 5405 Please contact Wannon Tur- w at i,p ahne numner if you wart to know if a specific piece of property is involved m the matter_ vo.i are being rotified that a I In c hojqng revi ! ti,e o eocsen bu i —dary anrndrionts to Enterprise Zone Ore A a d its S ib_un s a ntomrw Z; c v.o .s s Ledu'ed Po., Monday, November 17, 201 at7.00 PrA ;- the City Cou ^n C uer. T oi_:rt- c icir 0or 152 , Ploel C Taylor P9 � ^pal 3' ^!d ;na10 ated at 215 Un e S 4% uc a _. Vir w a 2221 S -o.W you have a j auest'; ns rega,d _rg this notice Pleas W-:00 Brandon Turner, Ente p 'se N ie Adnolyrator at (540) 853 -5405. Sirc Ply A Chrls',Dn'.er P. Vorri' C=ry Manager AFFIDAVIT TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE PROPOSED BOUNDARY AMENDMENTS TO ENTERPRISE ZONE ONE A AND ITS SUBZONE B AND TO ENTERPRISE ZONE TWO AND AN INCENTIVE AMENDMENT TO THE FAQADE GRANT PROGRAM FOR ENTERPRISE ZONE ONE A: COMMONWEALTH OF VIRGINIA ) ) TO -WIT: CITY OF ROANOKE ) The affiant, Melissa Murray, first being duly sworn, states that she is Administrative Assistant for Roanoke City's Department of Economic Development, and as such is competent to make this affidavit of her own personal knowledge. Affiant states that, pursuant to the provisions of Section 15.2 -2204, Code of Virginia, (1950), as amended, on behalf of the Economic Development Department of the City of Roanoke, she has sent by first -class mail on October 27, 2014, notices of a public hearing to be held on November 17, 2014, on the proposed Boundary Amendments to Enterprise Zone One A and its Subzone B and to Enterprise Zone Two to the property owners and /or business owners and /or their agent of the parcels listed on the attached sheet (Attachment 1) at their last known address as shown by the records of the City of Roanoke, Virginia. A copy of the notice is attached as Attachment 2. Melissa Murray 1 COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to -wit: I, &W U 64(27N , a notary public, in and for the City of Roanoke, Commonwealth of Virginia, do hereby certify that Melissa Murray, whose name is signed to the foregoing, personally appeared before me and made oath that the same is true to the best of her knowledge, information and belief. GIVEN under my hand this 27 day of October 2014. My commission a pires /�ifrcr/ 3/120 Sandra Notary Public ; '~= TAgye� PVB E 0 Registration No. Rea,, LIC ck- 2 LLC Enterprise Zone Amendments - 2014 Attachment 1 to Affidavit by Melissa Murray on October 27, 2014 Properties to be Deleted from Enterprise Zone Two and Amended into Enterprise Zone One A's Subzone B Fwner Name Tax ID Mailing Address city Corp 7050107 220 Glade View Drive, NE Roanoke VA 24012 7050108 1502 Williamson Road, NE Roanoke VA 24012 7050108 225 Glade View Drive, NE Roanoke VA 24012 OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building �� Rc Church Avenue, 011 Room 36p Roanoke, Virginia zgou ROANOKE 5`,wroancke vn�,w,roanokeva,goi Property /Business Owner of Property Located in the City of Roanoke, VA Dear Property and /or Business Owner: October 27, 2014 Due to the anCcgatted exp=rat on of Enterprise Zone Too on December 31, 2015, and that such Zone will not be renewed by the Common Aealth of Virginia, the City of Roanoke is proposing boundary amendments to Enterprise Zone One A and its Subzone B, and to Enterprise Zone Two. The amendments will remove properties listed on the attached sheet from the boundaries of Enterprise Zone Too and will add these properties into Enterprise Zone One A's Subzone B. City of Roanoke Real Estate VaOaVop andlor the Treasurer's Office records indicate you own one or more of the properties or o tpmm ore c row of the basinessys, or the attached list State Enterprise We mmdaVom regh4e the City of R d oke to ^ ^t P; al' p r ;erty o ^ors and bus'ness owners whose pmn t, 4 affected ninen 3 t o rrdaq amenchrent oarurs that deletes a property from an Enterprise Zone. City rmor s �_dmmp that your a muerty, shown oi tic attached I'st wiH be affected by these amendments in Moo ways- 1) your property, shown on the attached Ilst, will be deleted from Enterprise Zone Too and m iii got be r hOble for lo n' incor ri ses !r Zone Two; 2) your property will become part o` En eganse Zme One A , S. r rte 3 W x K npr­rain e' ihle for tl�e same Sate incerti.es as wen a. a:'able for r „[e n is(, Zone' o a "d 3 h,.v p ; v r.y L% —he Ned) c Or me la ai incentives to be off* ed in E ^r _rprse 7m Ora A's S no,o.,, B. A copy of the maps, a Ilst of Tax Map numbers of the properties involved in the amendments, the other documents involved in the amendmens, and the local incentives currently offered in Zone One A and Zone Two and their Suhzones are avaqablo for o•ub1c inspect or in the Department or Economic Den oprnent nfPces m 117 C -..rch A e-ue, S.IV Roanoke Wyn a 2 011 um -e numbe,540 -853 5405 Please contact BYndon Tu r -e, it *nee aho n nrenber 0 you want to know if a specific piece of property is involved in the matter_ you are being nolfled Yat a puk" Nam; re e cr. E the r ;osed k, L,�dary ari_ rdments to Enterprise Zone One A aQ Is Sitzme s . ,d Fr , %f, Zino Too 's SO died Or Mo ^dq, November 17, 201 at 7:00 P.M - Me C,ty Cc" Clamer r Too, 093 . Noel C Taylor %1j, cjna! Bui'dln _ located ,,r 215 Cnn Avenue S `P: kudqavy Vogma 201_ Snou'd you move a , uestions mearding this ro e Fleas c 'n"t B undo, Turner, Enngianse Zone Administrator at j5d0) 853 -5,05. Sinc ely, A C- nmopher P. Mordll CQj manager /_\g a1I7_ \T /1j TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE PROPOSED BOUNDARY AMENDMENTS TO ENTERPRISE ZONE ONE A AND ITS SUBZONE B AND TO ENTERPRISE ZONE TWO AND AN INCENTIVE AMENDMENT TO THE FAQADE GRANT PROGRAM FOR ENTERPRISE ZONE ONE A: COMMONWEALTH OF VIRGINIA ) ) TO -WIT: CITY OF ROANOKE ) The affiant, Melissa Murray, first being duly sworn, states that she is Administrative Assistant for Roanoke City's Department of Economic Development, and as such is competent to make this affidavit of her own personal knowledge. Affiant states that, pursuant to the provisions of Section 15.2 -2204, Code of Virginia, (1950), as amended, on behalf of the Economic Development Department of the City of Roanoke, she has sent by first -class mail on October 27, 2014, notices of a public hearing to be held on November 17, 2014, on the proposed Boundary Amendments to Enterprise Zone One A and its Subzone B and to Enterprise Zone Two to the property owners and /or business owners and /or their agent of the parcels listed on the attached sheet (Attachment 1) at their last known address as shown by the records of the City of Roanoke, Virginia. A copy of the notice is attached as Attachment 2. Melissa Murray 1 COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to -wit: I, 1 's4SS,4A/IAA f&(42V , a notary public, in and for the City of Roanoke, Commonwealth of Virginia, do hereby certify that Melissa Murray, whose name is signed to the foregoing, personally appeared before me and made oath that the same is true to the best of her knowledge, information and belief. GIVEN under my hand this 2-7 day of October 2014. My commission a pires /� 31, ZDJS Notary Public . N= TAqy;�;' :o Registration No. c`�%� `J R p BLIC My m. x583 r Q' Enterprise Zone Amendments - 2014 Attachment 1 to Affidavit by Melissa Murray on October 27, 2014 Properties to be Deleted from Enterprise Zone Two and Amended into Enterprise Zone One A's Subzone B Virginia Transformer Corp Gladeview, LLC Precision Technology 7050107 NE 7050108 1502 Williamson Road, NE 7050108 225 Glade View Drive, NE Roanoke VA 24012 Roanoke VA 24012 Roanoke VA 24012 OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building Church Avenue, SW, Room 354 Roanoke, Virginia zg011 ov ROANOKE swx.ro poke ,; rvw.roa nokeva.gov Property /Business Owner of Property Located in the City of Roanoke, VA Dear Property and /or Business Ovmer. October 27, 2014 Due to the anticipated expiration of Enterprise Zone Two on December 31, 2015, and that such Zone will not be renewed by the Corruo- in ealth of V'rgmia, the City of Roanoke is proposing boundary amendments to Enterprise Zone One A and Its Subzone B, and to Enterprise Zone Two. The amendments will remove properties listed on the attached sheet from the boundaries of Enterprise Zone Two and will add these properties into Enterprise Zone One A's Subzone B. City of Roanoke Real Estate VaWaOon and /o, the Treasurer's Office records indicate you own one or more of the p- open -ros, or op-mr, ere cr more a' the bus r esses, on the attached list. State Enterprise_ Zany reEi4rVors ( qnm the City OF 4, a-rke to 'Jt fj alp p. Up t/ 00-pry and bismoss owners whose property is affected when a ho. rdar, ameqdwent occurs Wt deletes a property from an Enterprise Zore. City records indicate that your t rinerty, shown on the aVoched ' st wO be affected by these amendments In three ways: 1) your property, showy: on the attached HE, will be deleted from Enterprse Zone Two aad v " not be SAW for W i mcer Tres in Zone Two; 2) your prop rty w,'.e uecon r part of r .t erorise Zone One y c Snino-P 3. In, ., r ., ,.,n. v •able `or the same State i•ver twos as we c a ai'ah;- for Enterl s, Zone T, n: and Wycy rr ,c , v. to C' g o i,_ ror 0 e local incentives to he cq,-d I- E "terlonse Zo^,On =A'sS r ,B_ A copy of the maps, a list of Tax Map numbers of the properties involved in the amendments, the other documents involved in the amendment and the local incentwes currently offered in Zone One A and Zone Two and their Subzon s are ava We for put lnsoc Vzn Ir the Department of Ecorornic Development Wins at 117 Church Ave—,p S.N nano',,. Vr,gIn !a 24017. ,,One na'rber 5- 10 -853- 5405 Pease contact Wanion Terror d! So anO,e mumher if you giant to kro.v if a specific piece of property 4 kwolved m th's natter . you am being rotted that a pun "c h, a in; re:_a ! - the pwooseh bo. ;nda -y amendm -n *s to rnWrlse Zone One A acd As Suhao,e E aqw YtewKsp lu, e Too is s heWed Or Monday. November 17, 2014 at 7 00 PM in the Coy Ccua Ch —wer -cure Yr . Rcmv C Tayler 3eld ng located at 215 Cyr. _h, Ate S V 'io ke V" pia 2011 S'am)d you have any questons regWi g this eoince aWdse ccntact B a- dor Turner, Enterprise Zone Admir,strator at 043 8515405. Sirc e!y Clo- s oother P. Morrill 0t1 Manager 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, MMC E -mail clerk�yroanokeva.gov JONATHAN E. CRAFT, CMC City Clerk Deputy City Clerk November 18, 2014 CECELIA T. WEBB, CMC Assistant City Clerk Christopher P. Morrill City Manager Roanoke, Virginia Dear Mr. Morrill: I am enclosing copy of Resolution No. 40114- 111714 authorizing the proper City officials to make boundary amendments to the City's Enterprise Zone One A and its Subzone B that will delete certain areas currently within them; that will add certain areas not currently within them to Enterprise Zone One A and its Subzone B; authorizing the City Manager to apply to the Virginia Department of Housing and Community Development (VDHCD) for approval of such boundary amendments; and authorizing the City Manager to take such further action as may be necessary to obtain and implement such boundary amendments. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 17, 2014; and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon Rey ds, M City Clerk Enclosure PC: Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Barbara A. Dameron, Director of Finance Drew Harmon, Municipal Auditor R. Brian Townsend, Assistant City Manager for Community Development Wayne Bowers, Director of Economic Development Robert Ledger, Economic Development Manager Specialist Brandon Turner, Economic Development Specialist IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of November, 2014. No. 40114 - 111714. A RESOLUTION authorizing the proper City officials to make boundary amendments to the City's Enterprise Zone One A and its Subzone B that will delete certain areas currently within them; that will add certain areas not currently within them to Enterprise Zone One A and its Subzone B; authorizing the City Manager to apply to the Virginia Department of Housing and Community Development (VDHCD) for approval of such boundary amendments; and authorizing the City Manager to take such further action as may be necessary to obtain and implement such boundary amendments. WHEREAS, there are certain areas currently located within the City's Enterprise Zone One A and its Subzone B that are not utilizing and are not benefiting from the inclusion of such areas within such Zone areas; WHEREAS, there are certain areas currently located outside the City's Enterprise Zone One A and its Subzone B that are contiguous to them that are not currently a part of such Zone areas, but that can be added to them and that will benefit from the designation of those additional areas as part of such Zone areas, as set forth in the City Council Agenda Report dated November 17, 2014; WHEREAS, the Virginia Enterprise Zone Grant Act of 2005, as amended, authorizes the amendment of existing Enterprise Zone areas to delete and to add areas to such Zone and its noncontiguous Subzones, thereby making qualified business firms within such areas eligible for Enterprise Zone benefits; 1 WHEREAS, the deletion of certain areas and the addition of certain areas as part of the City's Enterprise Zone One A and its Subzones B, as set forth above, has a potential to stimulate significant private sector investment within the City in areas where such business and industrial growth could result in much needed growth and revitalization; and WHEREAS, this Council, acting in its capacity as the governing body of the City of Roanoke, has held a public hearing on the above mentioned proposed boundary amendments, at which public hearing citizens and parties in interest were afforded an opportunity to be heard on such proposed boundary amendments to Enterprise Zone One A and its Subzone B. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: The City of Roanoke is hereby applying for amendments to the City's Enterprise Zone One A and its Subzone B, which amendments will delete certain areas currently within Zone One A and its Subzone B and which will add to Zone One A and its Subzone B additional areas which are currently outside such Zone areas. Such amendments are more fully shown on the map(s) attached to the City Council Agenda Report dated November 17, 2014, and more fully described in such Report. 2. The City Manager is hereby authorized to apply, on behalf of the City, to the VDHCD for the above mentioned boundary amendments to the City's existing Enterprise Zone One A and its Subzone B pursuant to the applicable provisions of the Virginia Enterprise Zone Grant Act, as amended, which boundary amendments will delete certain areas currently within Zone One A and its Subzone B, and add to Zone One A and its Subzone B certain areas not currently within them, all as more fully set forth in the above mentioned Agenda Report. 2 3. Council hereby certifies that it held a public hearing as required by the Virginia Enterprise Zone Grant Act Regulations. 4. The City Manager is authorized to submit to the VDHCD all information necessary for the application for the boundary amendments to the City's Enterprise Zone One A and its Subzone B, for the Department's review and consideration and to take such further action as may be necessary and /or execute any additional documents as may be necessary to meet other program requirements or to establish the boundary amendments as set forth above. The City Clerk is authorized to execute and attest any documents that may be necessary or required for the application or for the provision of such information. Such authority shall continue throughout the life of such Zone One A and its Subzone B. 5. Local incentives applicable for Enterprise Zone One A and its Subzone B shall also be applicable for any new areas covered by such approved boundary amendments. 6. Any such approved boundary amendments will be retroactive to the date as provided by such approval from the VDHCD. ATTEST: 3 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 1 7, 2014 Subject: Approval of Amendment Application for the Boundaries of Enterprise Zone One A and its Subzone B Background: Since the designation of the City Enterprise Zones, both Enterprise Zone One A and Enterprise Zone Two and their Subzones have had amendments to their zone boundaries and local incentives. In accordance with state regulations regarding boundary deletions, each zone can have a maximum acreage deletion of fifteen percent (15%) of the current zone size. Enterprise Zone One A and its Subzone B are eligible for such acreage deletions. In an effort to best utilize Enterprise Zone incentives, City staff recommends boundary amendments set forth below that would delete 31 acres from Zone One A and its Subzone B. Such transitions between acreages in the Enterprise Zones are in anticipation of the expiration of Enterprise Zone Two on December 31, 2015, and that the State will not renew Zone Two. Additionally, in accordance with state regulations regarding boundary size, each zone has a maximum acreage limit equal to seven percent (7 %) of total City acreage. Enterprise Zone One A and its Subzone B have less than the seven percent (7 %) limit and are eligible to be expanded. In an effort to best utilize Enterprise Zone incentives, City staff recommends boundary amendments as set forth below that would add an additional one acre to Zone One A and 19 acres to Zone One A's noncontiguous Subzone B. Considerations: The Zone One A boundary deletion amendment includes 13 acres consisting of properties in the downtown area, including properties fronting the north side of Shenandoah Avenue, N.W. between 2nd Street, N.W. and Jefferson Street, N.W., to the north of Salem Avenue, S.W. to the east of 1 st Street, S.W. and along the south of Norfolk Avenue, S.W. and north of Salem Avenue, S.E., along Luck Avenue, S.W. in the 400 block and to the east of 2nd Street, S.W., along the east of Franklin Road, S.W. between Marshall Avenue, S.W. and north of Elm Avenue, S.W., along Day Avenue, S.W. in the northwest, northeast, and southwest corners of its intersection with 1 st Street, S.W., to the north of Bullitt Avenue, S.E. between Jefferson Street, S.E. and Williamson Road, S.E., to the north of Church Avenue, S.E. in the 0 block and south of Church Avenue, S.E. at 106 Franklin Road, S.E., and properties at 348 Campbell Avenue, S.W. and 106 Franklin Road, S.E. The Zone One A boundary deletion amendment includes 4.5 acres of properties to the east and west of 10th Street, S.W. between Jackson Avenue, S.W. and Norfolk Avenue, S.W., along the south of Salem Avenue, S.W. between 8th Street, S.W. and 7th Street, S.W., along the west of 6th Street, S.W. south of Campbell Avenue, S.W., and property south of Campbell Avenue, S.W. in the 900 block. The Zone One A Subzone B boundary deletion of approximately 14 acres consists of properties located within Roanoke Centre for Industry and Technology and Statesman Industrial Park between west of Lynn Brae Road, N.E. and east of properties adjacent to Seibel Drive, N.E. and Nicholas Avenue, N.E. Deleting the above properties from the City's Enterprise Zone One A and its Subzone B will create additional opportunities for utilizing the program for other areas of the City where growth and revitalization are anticipated. A map showing each boundary deletion amendment is attached hereto and has been on file in the City Clerk's Office (Attachment 1) (The blue boxes represent the boundary deletions from Zone One A and its Subzone B). The Zone One A and its Subzone B addition amendment adds one (1) acre consisting of property located at the northeast intersection of Winchester Avenue, S.W. and Main Street, S.W. and north of Wiley Drive, S.W. and 19 acres consisting of property located northeast and south of Glade View Drive, N.E. between Berkley Road, N.E. and south of Dogwood Hill Road, N.E. Adding the above properties to the City's Enterprise Zone One A and its Subzone B will generate additional opportunities for revitalization where buildings are currently vacant or significant employment and /or capital investment are anticipated. A map showing each boundary amendment is attached hereto and has been on file in the City Clerk's Office (Attachment 1). (The red boxes along Main Street, S.W. and Wiley Drive, S.W. and along Glade View Drive, N.E. represent properties being added to Zone One A and its Subzone B). In accordance with the Virginia Department of Housing and Community Development's Virginia Enterprise Zone Program regulations, the local governing body must hold at least one public hearing affording citizens and interested parties an opportunity to be heard before submitting an amendment application to the Department for consideration. Such public hearing is being held at Council's regular 7:00 p.m. meeting on November 17, 2014. Upon approval by City Council, the boundary amendments will be submitted to the Virginia Department of Housing and Community Development (VDHCD). Such amendments are subject to approval by the VDHCD. If approved, the amendments will be retroactive to a date approved by the VDHCD. 2 Recommended Action: Absent comments at the public hearing requiring further consideration, City Council adopt the appropriate measures to modify, as set forth above, the boundaries of Enterprise Zone One A and its Subzone B, subject to approval by the VDHCD, with an effective date retroactive to a date approved by the VDHCD, as set forth above (Note: Council will first act on deletions from Enterprise Zone Two since some of this acreage will be amended into Enterprise Zone One A and its Subzone B). Furthermore, City Council authorize the City Manager to apply to the VDHCD for approval of the above mentioned amendments and to take such further action and /or to execute such additional documents as may be needed to obtain or confirm such amendments and to meet the Program requirements throughout the life of the Zones. - -- --------------------- ' topher P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Wayne Bowers, Director, Economic Development Brandon S. Turner, Econ. Develop. Specialist, Economic Development 3 Po ., A O NERSHBERGE.RRD Enterprise Zone One A SubzoneB Mf[RGSfgVf d ....._+ JF. � O �.. ORANGEAVE f r I oA�E BRAN ELM AVE gU GGNg - -WA Vf AVE x — Enterprise Zone One A p0 Proposed Changes - Add �P - Delete 33U Enterprise Zone One A Proposed 2014 Changes v� C4 \O \l f /// CITY OF ROANOKE R 025 0.5 OMiles nv CREATMU Ar P11 T... r �n The Roanoke Times Account Number Roanoke, Virginia 6024677 Affidavit of Publication Date ROANOKE CITY DEPT OF ECONOMIC DEVELOP November 21, 2014 117 CHURCH AVE SW ROANOKE VA 24011 Date Category Description Ad Size Total Cost 11/10/2014 C-Legal Ads- NOTICE OF PUBLIC HEARING 2 x 14.50 4082.88 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: 11/03/2014, 11/10/2014 P q%E. ` :c The First insertion being given ... 11/03/2014 4htJ E.H2, 10130\t0 Newspaper reference: 95911 v VIRGv Sworn to and subscribed before me this Friday, November 21, 2014 AL . Ii N, . 1 Ii. , r o -Ty Publi.1 =t n. Ref r en .tive State of Virginia City/County of Roanoke ( My Commission expires let-t21) t D f over- THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU NOTICE OF PUBLIC HEARING C.To amend the boundaries of Enterprise Zone One A and Its Subzone B by adding EARING additional acreage as Indicated below. Notice d hereby given that the Council M the City of Hoareke w81 hold a public hearing on the 1.To add to the current Zone One A approximately 1 acre consisting of property located at matters set forth below at its regular meeting to be held on Monday,November 17,2014, Drive,e,S W.northeast intersection h Tax M nuWinchester 01. This S.W.and Main incorporate B.W.and north that Is to commencing at 7:00 p.m.,local time,or as soon thereafter as the Matters may be heard,in Drive,S.W.with Tax Map number ommr i use. This addMyn will be made contiguous guoust tpro le to the Council Chamber,4th Floor,Room 450,in the Noel C.Taylor Municipal Building 215 Church be redeveloped intone On commercial per.This properly id Use ed lane cUniignce oo property Avenue,S.W,Roanoke,Virginia. Further Information is available in the Office of the City Clerk, already located in Zone One A.This property Is zoned Mixed Use Planned Unit Development. /640)853-2541,or from Brandon S.Tomer,Economic Developmentsperiatist,(540)853.5405, 1.To add to the current Zone One A's Subzone Bappmximatly 19 acres consisting of properly Pursuant to the provisions Virginia Enterprise Zone Grant Pat,Sections 59.1-538,et seq., located northeast and south of Glade,View Drive,N.E.between Berkley Road,N.E.and south Code of Vlrginla(1950),as amended,the City of Roanoke proposes to make applications to.the incorporate on eyl Road,N.E.stria Tor Mip which w 70e dele anf om5Zone wo Inanticipation ic will Virginia Department of Housing and Community Development fn the:matters set forth below ow'sY existing industrial facilities which. T be deleted from Zone awe In uoto of Zone Two's expiration on December 31,2015. This property will be made contiguous a A.To amend the boundaries of Enterprise Zone One A and its Suhrone B by deleting I property already located in Zone One A's Subzone B.This property is zoned Light.industrial. acreage as Indicated below: O.To amend the Facade Grant incentive available within Enterprise Zone One A: 1.To delete from Zone One A approamately 13 acres consisting of properties in the downtown area,Including properties fronting the north side of Shenandoah Avenue,NW.between 2nd N T3 delete paragraph 806, number 4 it Ordinance No.aragraph: 04,as amended by Ordinance Street,N.W.and Jefferson Street,N.W.,t the north of Salem Avenue,S.W.to the east of 1st No.37542-091806,and replace with the following paragraph. Street,S.W.and along the south of Norfolk Avenue,S.W.and north of SalemAvenue,S.E.,along Luck Avnue,S.W.in the 400 block and to the east of 2nd Street,S.W.,along the east of Franklin The City will provide theEDtotnenhancec nomicpeeetpment Authority City n1 OneAby Road,S.W.between Marshall Avenue,S.W.and north of Elm Avenue,S.W.,along Day Avenue, Virginia,(ECM)a that the EDA can enhance economic development in lderprse Zone One A by S.W.in the northwest,northeast,and southwest comers of its intersection with 1st Street,S.W., providing facade grants to a business fin,pale renovation owner;or leaseholder authorized to make lathe north of BMIitt Avenue,S.E.between Jefferson Street,S.E.and Williamson Road,S.E.,to improvements,of one-third of any building facade renovation costs for those facades in need of the north Church Avenue,S.E.in the 0blpckand soup of CnnchAvenue,S E.at 106 Franklin renovation that visually improves the facade/an eligible being the portion of any exterior Road,S.E.,and properties at 348 Campbell Avenue,S.W.and 106 Franklin Road,SE.which have eltanicnotchfndi or abuts igcancave more than and oeeonigibl fac di;i..e.a brasecntlted - the Tax Mapnumbers 1010502,1011306,1012407,1012409,1012410,1012414,1012601, ontanetthaonidered building two have more ingwiti fEntei:e.a Zone One A 1013002,1013004,1013005,1013007,1013201,1013307,1013314,1020310,1020501, •aria comer a considered to have two dyad($)5,a building)pr ant wi Enterprise toal y arty lloe li up or 1020502,1020503,1020504,2013606,2014201,4010118,4010121,40113081 4013317, a Maximum of at lea least O One Thousand Dollars Thousand and Dollars$1000 with a total s far such build for 4013318,4013319,4013320,4015003,4016004,4011913.The deletion consists of acreage this program bco m at ia,m Oee u e coo Teo ial with Dnlo r (m10Q080).The uses for subeLMu used - ownedhyentitieswnlchareexcludedhomzonebe nedt eligibility,are being utilized for purposes are eientalpurpose s(hereinfeommrred commercial inns room than 80%oftd: segommerclgrised which are not eligible for zone benefits,and properties which are unlikely to be developed.The for residential The availability(hereinafter referred to in this ordinance as"mizetl=use commercial"),er area is zoned Downtown. industrial use.The availability of this local lncentNe is from January 1,unless through December 31,2023,at whichlime IDe Enterprise Zone One A designation will end,unless otherwise modified 2.TO delete item Zone OneAapprtimalery 4.5 acres of properties to the east and west of 10th by Council. The City Manager shall establish appropriate mien and regulations necessary to Street,S.W.between Jackson Avenue,S.W.and Norfolk Avenue,SW,along the south of Salem implement this local incentive. Avenue,S.W.between 8th Street,S.W.and 7th Street,S.W.,along the west of 6th Street,S:W 2,Thisamended paragraph updates the name of the organization to the°Economic Development south of Campbell Avenue,S.W.,and property south of Campbell Avenue,S.W. the 900 block Authority';specifieslhe yearly funding allocation reading'of at least One Hundred Thousand which lifhihthelahlaphumbers 1110207 1 ,69,1,1,10.44#1.0205,11,1,0 9,11 111171 '11f31021113103,1113303,11Y � �TA� n' i. Dollars($100,000)", multiple 1pOfacadslby stating poperytan'h'vemasinge facade grant n as of oimage utilized in on ceo facades by co sid re building can'have more than one eligible tocatle;I.e.a entities Mich are excluded from zone benefit eligibility or are Mlmedfw purposes which undo the properly ineligible.The properly is zoned Downtown,Heavy Indueaal,and Mixed-Use. building located on anrner is considered to have two facades". • 3.To delete from Zone One A's Subzone B approximately 14 acres consisting of propethes located within Roanoke Centre for Industry and Technology and Statesman Industrial Park referred core of the ve,an,a list c Tax entp sumbernt yf the d Ineone neAan in the coo anment between west of Lynn Brae Road,.N.E.and east of properties adjacent to Seibel Drive,N.E. Subzo es am avaiabehor public inspection s ct in City's lear t of E Economic omeT Development and Nicholas Avenue,N.E.,with Tax Map numbers 7150109,7200106,7210105.The deletion oubzonat am available ve public ,Roa a the iity2 011,Department phone number mr(5 )853-405. consists of property owned by the City of Roanoke which is utilized for utility easements and is Please at l ac Church Avenue,S.W.,heaabove number 2 you,pant number(sp0185pi piece of not easilydevelopabe.The property is zned light Industrial. - Pleane contact involved in S.Turner at the above number if you want to see if a specific place of properly is involved in this matter B.To amend the boundaries of Enterprise Zone Two by deleting acreage as indicated below A copy of maps and other amendments,describing the proposed area a the above,oEnterprise Zone One A and Enterprise Zone Two amendments,and the other matters referred a above,are on file and 1.To delete from Zone Two approximately 7 acres consisting of property located lathe northeast may be reviewed by the public in the Dtece of the City Clerk,Room 456,Noel C.Taylor Municipal. &deol Berkley Road N.E.,adjacent to the Norfolk Southern railroad tracks with Tax Map number Building,215 Church AVenue,S.W.,Roanoke,Virginia 24011 during business hours. 7050111.This deletion is eliminating an established structure Which is likely not to utilize zone All parties and interested citizens may appear on the above date and be heard on these matters. benefits.This property is zoned Light Indus-Mal. V you are a person with a disability who needs accommodations for this hearing,please contact 2.To delete trom Zone Two approximately 19 acres consisted of property located northeast and the City Clerk's Offce,at(540)853-2541,before 12:00 noon on the Thursday before the date south of Glade Mew N.E.between Berkley Road,N.E.and south of Do Mme hearing listed N under with Tax Map numbers 7050107 and 7050108.This deletion is due to the anticipated expiration GIVEN under my hand this 30th day of October,2014 ' of Enterprise Zone Two on December 31,2015,and that the state will not renew Zone Two.This property is proposed to be amended into Enterprise Zone One As Subzone B. This property Q.�te/x,4an Q4q r7,i2,ow a rra zoned light Industrial. p peMis Stephanie M.Moon Rey��pplds,CMC City Clerk 19591ly _.J NOTICE OF PUBLIC HEARING Notice is hereby given that the Council of the City of Roanoke will hold a public hearing on the matters set forth below at its regular meeting to be held on Monday, November 17, 2014, commencing at 7:00 p.m., local time, or as soon thereafter as the matters may be heard, in the Council Chamber, 4" Floor, Room 450, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Further information is available in the Office of the City Clerk, (540) 853 -2541, or from Brandon S. Turner, Economic Development Specialist, (540) 853 -5405. Pursuant to the provisions of the Virginia Enterprise Zone Grant Act, Sections 59.1 -538, et seq., Code of Virginia (1950), as amended, the City of Roanoke proposes to make applications to the Virginia Department of Housing and Community Development for the matters set forth below. A. To amend the boundaries of Enterprise Zone One A and its Subzone B by deleting acreage as indicated below: 1. To delete from Zone One A approximately 13 acres consisting of properties in the downtown area, including properties fronting the north side of Shenandoah Avenue, N.W. between 2nd Street, N.W. and Jefferson Street, N.W., to the north of Salem Avenue, S.W. to the east of 1" Street, S.W. and along the south of Norfolk Avenue, S.W. and north of Salem Avenue, S.E., along Luck Avenue, S.W. in the 400 block and to the east of 2nd Street, S.W., along the east of Franklin Road, S.W. between Marshall Avenue, S.W. and north of Elm Avenue, S.W., along Day Avenue, S.W. in the northwest, northeast, and southwest corners of its intersection with 1" Street, S.W., to the north of Bullitt Avenue, S.E. between Jefferson Street, S.E. and Williamson Road, S.E., to the north of Church Avenue, S.E. in the 0 block and south of Church Avenue, S.E. at 106 Franklin Road, S.E., and properties at 348 Campbell Avenue, S.W. and 106 Franklin Road, S.E. which have the Tax Map numbers 1010502, 1011306, 1012407, 1012409, 1012410, 1012414, 1012601, 1013002, 1013004, 1013005, 1013007, 1013201, 1013307, 1013314, 1020310, 1020501, 1020502, 1020503, 1020504, 2013606, 2014201, 4010118, 4010121, 4011308, 4013317, 4013318, 4013319, 4013320, 4015003, 4016004, 4011913. The deletion consists of acreage owned by entities which are excluded from zone benefit eligibility, are being utilized for purposes which are not eligible for zone benefits, and properties which are unlikely to be developed. The area is zoned Downtown. 2. To delete from Zone One A approximately 4.5 acres of properties to the east and west of 10`h Street, S.W. between Jackson Avenue, S.W. and Norfolk Avenue, S.W., along the south of Salem Avenue, S.W. between 8th Street, S.W. and 7`h Street, S.W., along the west of 6`h Street, S.W. south of Campbell Avenue, S.W., and property south of Campbell Avenue, S.W. in the 900 block which have the Tax Map numbers 1110201, 1110203, 1110204, 1110205, 1110209, 1110213, 1111713, 1113102, 1113103, 1113303, 1113304. The deletion consists of acreage owned by entities which are excluded from zone benefit eligibility or are utilized for purposes which render the property ineligible. The property is zoned Downtown, Heavy Industrial, and Mixed - Use. 1 3. To delete from Zone One A's Subzone B approximately 14 acres consisting of properties located within Roanoke Centre for Industry and Technology and Statesman Industrial Park between west of Lynn Brae Road, N.E. and east of properties adjacent to Seibel Drive, N.E. and Nicholas Avenue, N.E., with Tax Map numbers 7150109, 7200106, 7210105. The deletion consists of property owned by the City of Roanoke which is utilized for utility easements and is not easily developable. The property is zoned Light Industrial. B. To amend the boundaries of Enterprise Zone Two by deleting acreage as indicated below: 1. To delete from Zone Two approximately 7 acres consisting of property located to the northeast side of Berkley Road N.E., adjacent to the Norfolk Southern railroad tracks with Tax Map number 7050111. This deletion is eliminating an established structure which is likely not to utilize zone benefits. This property is zoned Light Industrial. 2. To delete from Zone Two approximately 19 acres consisting of property located northeast and south of Glade View Drive, N.E. between Berkley Road, N.E. and south of Dogwood Hill Road, N.E. with Tax Map numbers 7050107 and 7050108. This deletion is due to the anticipated expiration of Enterprise Zone Two on December 31, 2015, and that the state will not renew Zone Two. This property is proposed to be amended into Enterprise Zone One A's Subzone B. This property is zoned Light Industrial. C. To amend the boundaries of Enterprise Zone One A and its Subzone B by adding additional acreage as indicated below: 1. To add to the current Zone One A approximately 1 acre consisting of property located at the northeast intersection of Winchester Avenue, S.W. and Main Street, S.W. and north of Wiley Drive, S.W. with Tax Map number 1121401. This addition will incorporate property that is to be redeveloped into active commercial use. This property will be made contiguous to property already located in Zone One A. This property is zoned Mixed Use Planned Unit Development. 2. To add to the current Zone One A's Subzone B approximately 19 acres consisting of property located northeast and south of Glade View Drive, N.E. between Berkley Road, N.E. and south of Dogwood Hill Road, N.E. with Tax Map numbers 7050107 and 7050108. This addition will incorporate key existing industrial facilities which will be deleted from Zone Two in anticipation of Zone Two's expiration on December 31, 2015. This property will be made contiguous to property already located in Zone One A's Subzone B. This property is zoned Light Industrial. D. To amend the Facade Grant incentive available within Enterprise Zone One A: 1. To delete paragraph number 4 in Ordinance No. 36782- 071904, as amended by Ordinance No. 37542- 091806, and replace with the following paragraph: The City will provide funds to the Economic Development Authority of the City of Roanoke, Virginia, (EDA) so that the EDA can enhance economic development in Enterprise Zone One A by providing facade grants to a business firm, property owner, or leaseholder authorized to make improvements, of one -third of any building facade renovation costs for those fa4ades in need of renovation that visually improves the facade (an eligible facade being the portion of any exterior 2 elevation which faces or abuts a public right -of -way and contains the principal, or a secondary, entrance to the building; a building can have more than one eligible facade; i.e. a building located on a corner is considered to have two facades) of a building within Enterprise Zone One A up to a maximum of Twenty -five Thousand Dollars ($25,000) per grant with a total yearly allocation for this program of at least One Hundred Thousand Dollars ($100,000). The uses for such building are to be commercial, mixed -use commercial with no more than 80% of the building being used for residential purposes (hereinafter referred to in this ordinance as "mixed - use commercial "), or industrial use. The availability of this local incentive is from January 1, 2004, through December 31, 2023, at which time the Enterprise Zone One A designation will end, unless otherwise modified by Council. The City Manager shall establish appropriate rules and regulations necessary to implement this local incentive. 2. This amended paragraph updates the name of the organization to the "Economic Development Authority ", specifies the yearly funding allocation reading "of at least One Hundred Thousand Dollars ($100,000) ", and allows for a property to apply for a single facade grant that may be utilized on multiple facades by stating "a building can have more than one eligible facade; i.e. a building located on a corner is considered to have two facades ". A copy of the maps, a list of Tax Map numbers of the properties involved in the amendments referred to above, and the local incentives currently offered in Zone One A and Zone Two and their Subzones are available for public inspection in the City's Department of Economic Development offices at 117 Church Avenue, S.W., Roanoke, Virginia 24011, phone number (540) 853 -5405. Please contact Brandon S. Turner at the above number if you want to see if a specific piece of property is involved in this matter. A copy of maps and other documents describing the proposed area of the Enterprise Zone One A and Enterprise Zone Two amendments, and the other matters referred to above, are on file and may be reviewed by the public in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011 during business hours. All parties and interested citizens may appear on the above date and be heard on these matters. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at (540) 853 -2541, before 12:00 noon on the Thursday before the date of the hearing listed above. GIVEN under my hand this 30th day of October, 2014 Stephanie M. Moon Reynolds, CIVIC City Clerk Note to Publisher: Please publish twice in the Legal Notice section of The Roanoke Times, once on Monday, November 3, 2014, and once on Monday, November 10, 2014. Send Publisher's Affidavit: Send Bill to: City Clerk Rob Ledger 4S6 Noel C. Taylor Municipal Building Economic Development Manager 215 Church Avenue, S.W. Department of Economic Development Roanoke, VA 24011 City of Roanoke 117 Church Avenue, S.W. Roanoke, VA 24011 STEPHANIE M. MOON REYNOLDS, MMf City Clerk Christopher P. Morrill City Manager Roanoke, Virginia Dear Mr. Morrill: CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853.2541 Fax: (540)853 -1145 E-mail: cicrk@4roanokcva.gov November 18, 2014 JONATHAN E. CRAFT, CMC Deputy City Clerk CECELIA T. WEBB, CMC Assistant City Clerk I am enclosing copy of Ordinance No. 40115 - 111714 amending Ordinance No. 36782- 071904, adopted by City Council on July 19, 2004, as amended by Ordinance No. 37542 - 091806, adopted by City Council on September 18, 2006, by modifying certain local incentives contained therein for Enterprise Zone One A; authorizing the City Manager to apply to the Virginia Department of Housing and Community Development (VDHCD) for the approval of such amendments and /or to take such further action as may be necessary to obtain or confirm such amendments. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 17, 2014; and is in full force and effect upon its passage. Sincerely, x Stephanie M. Moon R City Clerk Enclosure PC: Dave Bittle, 3561 Grandin Road, S. W., Roanoke, Virginia 24018 R. Brian Townsend, Assistant City Manager for Community Development Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Barbara A. Dameron, Director of Finance Wayne Bowers, Director of Economic Development Robert Ledger, Economic Development Manager Specialist Brandon Turner, Economic Development Specialist IN THE COUNCIL OF THE CITY OF ROANOKE The 17th day of November, 2014. No. 40115- 111714. AN ORDINANCE amending Ordinance No. 36782 - 071904, adopted by City Council on Judy 19, 2004, as amended by Ordinance No. 37542 - 091806, adopted by City Council on September 18, 2006, by modifying certain local incentives contained therein for Enterprise Zone One A; authorizing the City Manager to apply to the Virginia Department of Housing and Community Development (VDHCD) for the approval of such amendments and /or to take such further action as may be necessary to obtain or confirm such amendments; and dispensing with the second reading of this Ordinance by title. WHEREAS, the City received a designation in June 2004 from the Governor of Virginia of a new Enterprise Zone One A, retroactive to January 1, 2004; WHEREAS, on July 19, 2004, City Council adopted Ordinance No. 36782 - 071904, which adopted certain local incentives for Enterprise Zone One A, which included grants from the Industrial Development Authority of the City of Roanoke, Virginia (IDA) for fapade grants under certain conditions; and WHEREAS, on September 18, 2006, City Council adopted Ordinance No. 37542- 091806, which modified certain local incentives for Enterprise Zone One A, which included grants from the Economic Development Authority of the City of Roanoke (EDA) for fagade grants under certain conditions. City staff recommends that the parameters of the fagade grants be modified. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: Ordinance No. 36782 - 071904, as amended by Ordinance No. 37542 - 091806, is hereby amended as follows: A. Paragraph number 4 is deleted and is hereby replaced by the following paragraph number 4: 4. The City will provide funds to the Economic Development Authority of the City of Roanoke, Virginia, (EDA) so that the EDA can enhance economic development in Enterprise Zone One A by providing fapade grants to a business firm, property owner, or leaseholder authorized to make improvements, of one -third of any building fapade renovation costs for those facades in need of renovation that visually improves the fagade (an eligible fagade being the portion of any exterior elevation which faces or abuts a public right -of -way and contains the principal, or a secondary, entrance to the building; a building can have more than one eligible fagade; i.e. a building located on a corner is considered to have two fagades) of a building within Enterprise Zone One A up to a maximum of Twenty -five Thousand Dollars ($25,000) per grant with a total yearly allocation for this program of at least One Hundred Thousand Dollars ($100,000). The uses for such buildings are to be commercial, mixed -use commercial with no more than 80% of the building being used for residential purposes (hereinafter referred to in this ordinance as "mixed - use commercial'), or industrial use. The availability of this local incentive is from January 1, 2004, through December 31, 2023, at which time the Enterprise Zone One A designation will end, unless otherwise modified by Council. The City Manager shall establish appropriate rules and regulations necessary to implement this local incentive. 2. City Council hereby certifies that it held a public hearing as required by the Virginia Enterprise Zone Program Regulations. 3. The local incentive amendment set forth above and in the City Council Agenda Report dated November 17, 2014, is supported by Council, but Council notes it is subject to approval by the VDHCD and should it not be approved, the item not approved will not become effective so that any prior measures on the particular matter, will stay in effect. Furthermore, if 2 the VDHCD approves such item, the effective date for any such approved item will be retroactive to January 1, 2014. 4. Any funding required for any such local incentives is subject to the appropriation of such funds by Council. 5. As amended, Ordinance No. 36782 - 071904, adopted on July 19, 2004, and as it may have been subsequently amended, is hereby affirmed and remains in full force and effect. 6. The City Manager is authorized to submit to the VDHCD all information necessary for approval or confirmation of the above amendment regarding local incentives and to take such further action or to execute such further documents as may be necessary to meet other program requirements or to establish and administer the local incentives as set forth above, with any such documents to be approved as to form by the City Attorney. The City Clerk is authorized to execute and attest any documents that may be necessary or required for the purposes as set forth above. 7. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: 3 City Cl� To: Honorable Mayor and Members of City Council Meeting: November 17, 2014 Subject: Approval of Amendment Application for the Fa4ade Grant Program for Enterprise Zone One A Background: Since the designation of the City Enterprise Zones, both Enterprise Zone One A and Enterprise Zone Two and their Subzones have had amendments to their zone boundaries and local incentives. In accordance with state regulations regarding zone incentive amendments, staff recommends that language for the Fa4ade Grant program in Enterprise Zone One A be amended to allow for one grant to be utilized on multiple fa4ades of a single qualifying structure instead of only being allowed on one side. As the language presently reads, a structure is allowed to apply for a single Fa4ade Grant which may be utilized only on one side of a building; buildings with fa4ades containing entrances on multiple rights -of -way, such as corner buildings, are not eligible to submit fa4ade renovation costs but for only one side. Considerations: The amendment to the Fa4ade Grant program within Enterprise Zone One A will delete paragraph number 4 in Ordinance No. 36782 - 071904, as amended by Ordinance No. 37542 - 091806, and replace it with the following paragraph: The City will provide funds to the Economic Development Authority of the City of Roanoke, Virginia, (EDA) so that the EDA can enhance economic development in Enterprise Zone One A by providing fa4ade grants to a business firm, property owner, or leaseholder authorized to make improvements, of one -third of any building fa4ade renovation costs for those fa4ades in need of renovation that visually improves the fa4ade (an eligible facade being the portion of any exterior elevation which faces or abuts a public right -of -way and contains the principal, or a secondary, entrance to the building; a building can have more than one eligible fa4ade; i.e. a building located on a corner is considered to have two fa4ades) of a building within Enterprise Zone One A up to a maximum of Twenty -five Thousand Dollars ($25,000) per grant with a total yearly allocation for this program of at least One Hundred Thousand Dollars ($100,000). The uses for such buildings are to be commercial, mixed -use commercial with no more than 80% of the building being used for residential purposes (hereinafter referred to in this ordinance as "mixed - use commercial "), or industrial use. The availability of this local incentive is from January 1, 2004, through December 31, 2023, at which time the Enterprise Zone One A designation will end, unless otherwise modified by Council. The City Manager shall establish appropriate rules and regulations necessary to implement this local incentive. This amended paragraph updates the name of the organization to the "Economic Development Authority ", specifies the yearly funding allocation reading "of at least One Hundred Thousand Dollars ($100,000) ", and allows for a property to apply for a single fa4ade grant that may be utilized on multiple fa4ades by stating "a building can have more than one eligible fa4ade; i.e. a building located on a corner is considered to have two fa4ades ". In accordance with the Virginia Department of Housing and Community Development's Virginia Enterprise Zone Program regulations, the local governing body must hold at least one public hearing affording citizens and interested parties an opportunity to be heard before submitting an amendment application to the Department for consideration. Such public hearing is being held at Council's regular 7:00 p.m. meeting on November 17, 2014. Upon approval by City Council, the incentive amendment will be submitted to the Virginia Department of Housing and Community Development (VDHCD). Such amendment is subject to approval by the VDHCD. If approved, the amendment will be retroactive to a date approved by the VDHCD. Recommended Action: Absent comments at the public hearing requiring further consideration, City Council adopt the appropriate measures to modify, as set forth above, language for the Fa4ade Grant program for Enterprise Zone One A, subject to approval by the VDHCD, with an effective date retroactive to a date approved by the VDHCD, as set forth above. Furthermore, City Council authorize the City Manager to apply to the VDHCD for approval of the above mentioned amendments and to take such further action and /or to execute such additional documents as may be needed to obtain or confirm such amendments and to meet the Program requirements throughout the life of the Zones. - - - - -- --------------- -- Christopher P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Wayne Bowers, Director, Economic Development Brandon S. Turner, Econ. Develop. Specialist, Economic Development 2 The Roanoke Times Account Number Roanoke, Virginia 6024677 Affidavit of Publication Date ROANOKE CITY DEPT OF ECONOMIC DEVELOP November 21, 2014 117 CHURCH AVE SW ROANOKE VA 24011 Date Category Description Ad Size Total Cost 11/10/2014 C-Legal Ads- NOTICE OF PUBLIC HEARING 2 x 14.50 4082.88 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: 11/03/2014, 11/10/2014 c " ,1 ki je ae, &All) The First insertion being given ... 11/03/2014 MY OM Newspaper reference: 95911 y vinG% o/A?y P Sworn to and subscribed before me this Friday, November 21, 2014 Itø L�i .A ,l l•• : 1` �. � ) ,y oary Publi•% =i n• Rear en :live State of Virginia City/County of Roanoke 2Q My Commission expires Le I 9 t ( D over THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU NOTICE OF PUBLIC• HEARING C.To amend additional n ltae boundaries of ted beldse Zone One A and its Subzone B by adding edtlNlanel acreage as indicated beaw: Notice is hereby given that the Council of City of Roanoke MI hold a public hearing on the 1.To add to the current Zone One A approximately 1 acre consisting of property located at matters set forth below al its regular meeting to be held on Monday,November 17,2014, the northeast intersecton of Winchester Avenue,SW.and Main Street,S.W.and north of Wiley commencing at 7:00 p.m.,local rime,or as soon thereafter as the matters may be heard,in Drive,S.W.with Tax Map number 1121401. This addition Will incorporate property that is to the Cell Chamber,4th Floor,Room 450,in the Noel C.Taylor.MUnicipe Building,215 Church be redeveloped into active commercial pee.This properly hid will tie made cUn Unit Deve to property Avenue,S.W.,Roanoke,Virginia. Further information is available In the Office of the City Clerk, already located in Zone One A.This property Is zoned laded Use Planned Unit Development (540)853-2541,or from Brandon S.firmer,Economic Development Specialist,(540)853-5405. 2.To add to the current Zone One A's Subzone B approximately 19 acres condsiag of property Pursuant a the provisaneofthe Virginia Enterprise Zone Grant Act,Sections 59.1-538,et seq., located northeast and south of Glade View Drive,N.E.between Berkley.Road,N.E.and south Code of Virginia(1950),as amended,the City of Roanoke proposes to make applications to the ; incorporate oo eyi Road,Nn:stri Tax Map numbers 7050IDe adtlo Zone Toss a ic v Virginia Department of Nousing and Community Development for the matters set fold below. of e Tw Two's existing on Dec mbieir 31,which will is deleted from Zone Two in anticipation t a1 Zone Two's expiration on December 31,2015. This property will be Made contiguous to A. • To amend the boundaries of Enterprise Zone One A and Its Subrone B by deleting property already located in Zone One As Subzone B.This pmperty is zoned Light Industrial. acreage as Indicated below: 0.To amend the Façade Braid incentive available within Enterprise Zone One k 1.To delete from Zone One A appromnately 13 acres consisting of properties in the downtown area,Including properties fronting the norm side of Shenandoah Avenue,N.W.between 2nd N.3 542- 91806,an number win Ordinance No.36782-071904,as amendetlpy:Ordinance Street,N.W.and Jefferson Street,N.W.,to the norm of Salem Avenue,S.W.to the east of 1st Ng.37542-091806,and replace with me IWOwing paragraph: Street,SW,and along the south of Norfolk Avenue,S.W and north of Salem Avenue,S.E.,along The.City will provide funds.to the Economic Development Authority of the City of Roanoke, Luck Avenue,S.W.in the 400 block and to eastaf 2nd Street,S.W.,along the east of Franklin Road,S.W.between Marshall Avenue,S.W.and north of Elm Avenue,S.W.,along Day Avenue, Virginia,(facade a that to EDA can enhance economic owner, in Enterprise lder authorized Zone to A by S.W.in The northwest,nodaeast,and southwest corners of its Intersection with 1st Street,S.W., improvements,leg eats,o grams ir a business Om,f paderty oNlrtq or costs for thosI m ed of lathe north of Built Avenue,S.E.between Jefferson Street,S.E.and Williamson Road,S.E,a renovaemethat vi one-third improves any e facade(ande}ebfaca eoben tar those ofa In exert of the north of Church Avenue,SE.in the 0 block and south of Church Avenue,S.E.at 106 Franklin renovation which faces or abutsa metagrge-ofway eligible dagapebsith the portion of any exterior Road,S.E.,and properties at 348 Campbell Avenue,S.W.and 106 Franklin Road,S.E.which have entrance tthe building;abuisapcan have more the principal,a or asecunated the Tax Map numbers 1010502,1011306,1012407,1012409,1012410,1012414,1012601, corner tothebnsider;d to i ave can acad more than oneglwt i fEnterp i.e.Z rte One Acatto 1013002,1013004,1013005,1013007,1013201,1013307,1013314,1020310,1020501, on a ximum o Is considered Thou nd facades)of a 0)pe grant in a total y Zone One A up or a 1020502,1020503,1020504,2013606,2014201,4010118 4010121,4011308,4013317, this is program at least One Hundred Dollars ho and Dollars per 1100, with a total fora allocation for 4013318,4013319,4013320.40150113,4016004,4011913.The deletion consists of acreage this n be cm of r least miles u e coo Teoual with h n m re100,080).The huses building ili sub(ngidmd owned by enttleswblch are excluded from zone benefteligibility,,are being utilized for purposes meabentalpurposes(e0-iafenmmrrdetwinhoo ordience 80%oeduscomerciK"), r which am not eligible for.zone benefits,and properties which am unhkely to be developed.The for residential The (hereinafter referred al Incentive a in this ordinance'as 1,200,to ough Drcem or area Is zoned Downtown. industrial 1,20 3,use.The availabilityte p this Zone reenthe is from January will 1,unless through December 31,2023,at which time the Enterprise Zone(MBA designation will end,unless otherwise modified 2.To delete from Zone OneAapproximate ly4.5 acres of properties toiha east and welletl0th by Council. The City Manager shall establish appropriate roles and regulations necessary to Street,S.W.between Jackson Avenue,S.W.and Norfolk Avenue,S.W.,along the south of Salem implement this local incentive. Avenue,SW between 8th Street,S.W and 7th Sheet,S.W.,along the west of.6th Street,S.W.. 2.This amended paragraph updates the name of the organization to the"Economic Development south of Campbell Avenue,S:W.,and property south of Campbell Avenue,S.W.in the 900 block which hvpthel'CMaynumbers 1110201,1 $ f14.1A.�04s 117420511107,pgecfll M; DolMs($100,000)",en yearly funding allocation to Fettling"of at feast One Hundred that be 111171 1173102,7113103,1113303;111'1,ti a�br4g q�a y� Dollars($100,000)",end allows for a properly to apply for a single facade grant that may be TAe are forts of tichredd f utilized on multiple a by staling"a building gam have more than one eligible fagatle;Le.a entities wluth are excluded from zone bane et¢Iigibn(ry nitre u8l(ietl fgrpurposeswhmh render the properly ineligible.The property is zoned Downtown,Heavy Industrial,and Mixed-Use. building located on a corner is considered to have two facades". 3.To delete from Zone One A's Subzone B approximately 14 acres consisting of properties located within Roanoke Centre for Industry and Technology and Statesman Industrial Park A copy referred of the moan,a le l of Tax Map numbers y the properties on involved atl in the Two anthems between west of Lynn Brae Road,N.E.and east of Sabz rtes are ilable for public incentives on in he offered in Zone One of and Economic oc Two top t p0109,7s 0106,7 1u 105.. Oxide,N.E. ou ces 0111e aChur h fvr ue,S i.,Roa on e,me iia2 011, hone n mer(5 )Development and Nahoas Avenue,N.E.,with Tax Map numbers 7150109,7200106,7210105.The deletion offices at 177 porch Avenue,S.W,Roanoke,Virginia 24011,phone number(540)8535405. consists of property owned by the City of Roanoke which is utilized for utility easements and is not easily developable:The property is zoned Light Industrial. Please contact Brandon S.Turner at the above number it you want to see if a specific piece of property is involved in this matter B.To amend the boundaries of Enterprise Zone Two by deleting acreage as indicated below: A copy of maps and other documents ,and the the proposed area of the Enterprise Zone One A and Enterprise Zone Two amendments,and the other matters referred to above,are on file and 1.To delete Mom Zed Twg ApproximatelY7aores consisting of property accred to the northeast may by reviewed by the public In the Office of the City ClerI Room 456,Noel C.Taylor Municipal. side of Berkley Road NE.adjacent to the Norfolk Southern railroad tracks with Tax Map number Building,215ChumhAvmue,S.W,Roanoke,Virginia 24011 during business hours. 7050111.This deletion is eliminating an established structure which is likely not to utilize zone benefits.This properly is zoned Light Industrial. All parties and interested citizens may appear on the above date and be heard on these matters. t you are a person with a disability who needs accommodations for this hearing,please contact 2.TO delete from Zone Two approximately amen consisting of properly located northeast and the City Clerk's Office,at(540)853-2541,before 12:00 noon on the Thursday before the date south of Glade View Drive,N.E.between Berkle y Reed,N.E.and south of Dogwood Hill Road, f me hearing listed above. N.E..E with Tar Map numbers 7050107 and 7050108.Thisdeletion is due to the anticipated expiration GIVEN under my hand this 30th day of October,2014 Of Enterprise Zone Two on December 31,2015,and that the state will not renew Zone Two,This aD property Is proposed to be amended into Enterprise Zone One A's Subzone B.This ���Axzze M.Moon m, ✓lwCMC zoned Light Industrial property is Stephanie M.Moon Reynolds,91., CMC City Clerk(9591f{x NOTICE OF PUBLIC HEARING Notice is hereby given that the Council of the City of Roanoke will hold a public hearing on the matters set forth below at its regular meeting to be held on Monday, November 17, 2014, commencing at 7:00 p.m., local time, or as soon thereafter as the matters may be heard, in the Council Chamber, 4th Floor, Room 450, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Further information is available in the Office of the City Clerk, (540) 853 -2541, or from Brandon S. Turner, Economic Development Specialist, (540) 853 -5405. Pursuant to the provisions of the Virginia Enterprise Zone Grant Act, Sections 59.1 -538, et seq., Code of Virginia (1950), as amended, the City of Roanoke proposes to make applications to the Virginia Department of Housing and Community Development for the matters set forth below. A. To amend the boundaries of Enterprise Zone One A and its Subzone B by deleting acreage as indicated below: 1. To delete from Zone One A approximately 13 acres consisting of properties in the downtown area, including properties fronting the north side of Shenandoah Avenue, N.W. between 2 "d Street, N.W. and Jefferson Street, N.W., to the north of Salem Avenue, S.W. to the east of 1" Street, S.W. and along the south of Norfolk Avenue, S.W. and north of Salem Avenue, S.E., along Luck Avenue, S.W. in the 400 block and to the east of 2 "' Street, S.W., along the east of Franklin Road, S.W. between Marshall Avenue, S.W. and north of Elm Avenue, S.W., along Day Avenue, S.W. in the northwest, northeast, and southwest corners of its intersection with 1" Street, S.W., to the north of Bullitt Avenue, S.E. between Jefferson Street, S.E. and Williamson Road, S.E., to the north of Church Avenue, S.E. in the 0 block and south of Church Avenue, S.E. at 106 Franklin Road, S.E., and properties at 348 Campbell Avenue, S.W. and 106 Franklin Road, S.E. which have the Tax Map numbers 1010502, 1011306, 1012407, 1012409, 1012410, 1012414, 1012601, 1013002, 1013004, 1013005, 1013007, 1013201, 1013307, 1013314, 1020310, 1020501, 1020502, 1020503, 1020504, 2013606, 2014201, 4010118, 4010121, 4011308, 4013317, 4013318, 4013319, 4013320, 4015003, 4016004, 4011913. The deletion consists of acreage owned by entities which are excluded from zone benefit eligibility, are being utilized for purposes which are not eligible for zone benefits, and properties which are unlikely to be developed. The area is zoned Downtown. 2. To delete from Zone One A approximately 4.5 acres of properties to the east and west of 101h Street, S.W. between Jackson Avenue, S.W. and Norfolk Avenue, S.W., along the south of Salem Avenue, S.W. between 8th Street, S.W. and 7`h Street, S.W., along the west of 6`h Street, S.W. south of Campbell Avenue, S.W., and property south of Campbell Avenue, S.W. in the 900 block which have the Tax Map numbers 1110201, 1110203, 1110204, 1110205, 1110209, 1110213, 1111713, 1113102, 1113103, 1113303, 1113304. The deletion consists of acreage owned by entities which are excluded from zone benefit eligibility or are utilized for purposes which render the property ineligible. The property is zoned Downtown, Heavy Industrial, and Mixed - Use. 1 3. To delete from Zone One A's Subzone B approximately 14 acres consisting of properties located within Roanoke Centre for Industry and Technology and Statesman Industrial Park between west of Lynn Brae Road, N.E. and east of properties adjacent to Seibel Drive, N.E. and Nicholas Avenue, N.E., with Tax Map numbers 7150109, 7200106, 7210105. The deletion consists of property owned by the City of Roanoke which is utilized for utility easements and is not easily developable. The property is zoned Light Industrial. B. To amend the boundaries of Enterprise Zone Two by deleting acreage as indicated below: 1. To delete from Zone Two approximately 7 acres consisting of property located to the northeast side of Berkley Road N.E., adjacent to the Norfolk Southern railroad tracks with Tax Map number 7050111. This deletion is eliminating an established structure which is likely not to utilize zone benefits. This property is zoned Light Industrial. 2. To delete from Zone Two approximately 19 acres consisting of property located northeast and south of Glade View Drive, N.E. between Berkley Road, N.E. and south of Dogwood Hill Road, N.E. with Tax Map numbers 7050107 and 7050108. This deletion is due to the anticipated expiration of Enterprise Zone Two on December 31, 2015, and that the state will not renew Zone Two. This property is proposed to be amended into Enterprise Zone One A's Subzone B. This property is zoned Light Industrial. C. To amend the boundaries of Enterprise Zone One A and its Subzone B by adding additional acreage as indicated below: 1. To add to the current Zone One A approximately 1 acre consisting of property located at the northeast intersection of Winchester Avenue, S.W. and Main Street, S.W. and north of Wiley Drive, S.W. with Tax Map number 1121401. This addition will incorporate property that is to be redeveloped into active commercial use. This property will be made contiguous to property already located in Zone One A. This property is zoned Mixed Use Planned Unit Development. 2. To add to the current Zone One A's Subzone B approximately 19 acres consisting of property located northeast and south of Glade View Drive, N.E. between Berkley Road, N.E. and south of Dogwood Hill Road, N.E. with Tax Map numbers 7050107 and 7050108. This addition will incorporate key existing industrial facilities which will be deleted from Zone Two in anticipation of Zone Two's expiration on December 31, 2015. This property will be made contiguous to property already located in Zone One A's Subzone B. This property is zoned Light Industrial. D. To amend the Facade Grant incentive available within Enterprise Zone One A: 1. To delete paragraph number 4 in Ordinance No. 36782- 071904, as amended by Ordinance No. 37542- 091806, and replace with the following paragraph: The City will provide funds to the Economic Development Authority of the City of Roanoke, Virginia, (EDA) so that the EDA can enhance economic development in Enterprise Zone One A by providing facade grants to a business firm, property owner, or leaseholder authorized to make improvements, of one -third of any building facade renovation costs for those facades in need of renovation that visually improves the facade (an eligible facade being the portion of any exterior 2 elevation which faces or abuts a public right -of -way and contains the principal, or a secondary, entrance to the building; a building can have more than one eligible facade; i.e. a building located on a corner is considered to have two facades) of a building within Enterprise Zone One A up to a maximum of Twenty -five Thousand Dollars ($25,000) per grant with a total yearly allocation for this program of at least One Hundred Thousand Dollars ($100,000). The uses for such building are to be commercial, mixed -use commercial with no more than 80% of the building being used for residential purposes (hereinafter referred to in this ordinance as "mixed - use commercial "), or industrial use. The availability of this local incentive is from January 1, 2004, through December 31, 2023, at which time the Enterprise Zone One A designation will end, unless otherwise modified by Council. The City Manager shall establish appropriate rules and regulations necessary to implement this local incentive. 2. This amended paragraph updates the name of the organization to the "Economic Development Authority ", specifies the yearly funding allocation reading "of at least One Hundred Thousand Dollars ($100,000) ", and allows for a property to apply for a single fagade grant that may be utilized on multiple facades by stating "a building can have more than one eligible fagade; i.e. a building located on a corner is considered to have two facades ". A copy of the maps, a list of Tax Map numbers of the properties involved in the amendments referred to above, and the local incentives currently offered in Zone One A and Zone Two and their Subzones are available for public inspection in the City's Department of Economic Development offices at 117 Church Avenue, S.W., Roanoke, Virginia 24011, phone number (540) 853 -5405. Please contact Brandon S. Turner at the above number if you want to see if a specific piece of property is involved in this matter. A copy of maps and other documents describing the proposed area of the Enterprise Zone One A and Enterprise Zone Two amendments, and the other matters referred to above, are on file and may be reviewed by the public in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011 during business hours. All parties and interested citizens may appear on the above date and be heard on these matters. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at (540) 853 -2541, before 12:00 noon on the Thursday before the date of the hearing listed above. GIVEN under my hand this 30th day of October, 2014 Stephanie M. Moon Reynolds, CIVIC City Clerk Note to Publisher: Please publish twice in the Legal Notice section of The Roanoke Times, once on Monday, November 3, 2014, and once on Monday, November 10, 2014, Send Publisher's Affidavit: City Clerk 456 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Send Bill to: Rob Ledger Economic Development Manager Department of Economic Development City of Roanoke 117 Church Avenue, S.W. Roanoke, VA 24011