Loading...
HomeMy WebLinkAboutCouncil Actions 12-19-16ROANOKE CITY COUNCIL REGULAR SESSION DECEMBER 19, 2016 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order - -Roll Call. Vice -Mayor arrived late. The Invocation was delivered by Mayor Sherman P. Lea, Sr. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Sherman P. Lea, Sr. Welcome. Mayor Lea. NOTICE: Today's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, December 22 at 7:00 p.m., and Saturday, December 24 at 4:00 p.m.; and video streamed by Internet through CivicPlus, at roanokeva.gov /councilmeetings. Council meetings are offered with closed captioning for the hearing impaired. ANNOUNCEMENTS: The Council of the City of Roanoke is seeking applications for the following current vacancies and /or upcoming expirations of terms of office: Board of Zoning Appeals — one vacancy Three -year term of office ending December 31, 2020 Human Services Advisory Board — one vacancy Unexpired term of office ending November 30, 2018 Personnel and Employment Practices Commission — one vacancy Three -year term of office ending June 30, 2019 Contact the City Clerk's Office at 853 -2541, or access the City's homepage to complete an online application. The January 3 2016 Informal Session of City Council will commence at 10.00 a.m., in the City Council Chamber Room 450, Noel C. Tavlor Municipal Building. 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE. 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: City Council sets this time as a priority for citizens to be heard. All matters will be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. Robert Gravely, 3360 Hershberger Road, N.W., appeared before Council the elements of a new day and the release of elements upon the earth. Dr. Rupert Cutler, 204 South Jefferson Street, Suite 4, appeared before Council regarding the Mountain Valley Pipeline construction across the Roanoke River and its effect on stormwater cleanup and contamination of area water supply. Dr. Diana Christopulos, 907 Greenbriar Court, Salem, appeared before Council regarding her opposition of the Mountain Valley Pipeline construction and the impact on the area water supply and the matter was referred to the City Manager for review and recommendation. 4. CONSENT AGENDA: (APPROVED 6 -0) All matters listed under the Consent Agenda are considered to be routine by the Members of City Council and will be enacted by one motion. There will be no separate discussion of the items. If discussion is desired, the item will be removed from the Consent Agenda and considered separately. C -1 Minutes of the regular meetings of City Council held on Monday, August 15, 2016 and Tuesday, September 6, 2016. RECOMMENDED ACTION: Dispensed with the reading of the minutes and approved as recorded. C -2 A communication from the City Manager recommending adoption of the Calendar of Events for Budget Development Activities for Fiscal Year 2017 - 2018. RECOMMENDED ACTION: Concurred in the request. C -3 Reports of qualification of the following individuals: Lora J. Katz and James E. Smith as members of the City Planning Commission for four -year terms of office, each, ending December 31, 2020; Edward Garner as a City representative of the Blue Ridge Behavioral Healthcare Board of Directors for a three -year term of office ending December 31,2019; Margaret D. Butler as a member (City representative) of the Roanoke Valley Greenway Commission to fill the unexpired term of James D. Ritchie, Sr., ending June 30, 2019; and Glen Wayne Hall as a member (Citizen At- Large) of the Building and Fire Code Board of Appeals for a three -year term of office ending June 30, 2019. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA: 5. PUBLIC HEARINGS: a. Request of the City of Roanoke to execute a contract for the sale of City - owned property located on Jae Valley Road in Roanoke County, Virginia to the County of Roanoke, Virginia. Daniel J. Callaghan, City Attorney. Adopted Ordinance No. 40721-121916. (6 -0) 6. PETITIONS AND COMMUNICATIONS: NONE. 7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: a. CITY MANAGER: BRIEFINGS: NONE. 7 ITEMS RECOMMENDED FOR ACTION: 1. Acceptance and appropriation of Regional Surface Transportation Program funding from the Virginia Department of Transportation (VDOT) in connection with Phase 2 of the Tinker Creek Greenway Trail Project. Adopted Resolution No. 40722- 121916 and Budget Ordinance No. 40723-121916. (6 -0) 2. Execution of Amendment No. 3 to the contract with Wellness for Life Medical, LLC, for operation and management services of the City's Employee Health Clinic. Adopted Resolution No. 40724-121916. (6 -0) 3. Appropriation of funds from Health Keeper, Inc., and Anthem Health Plans of Virginia, Inc., d /b /a Anthem Blue Cross Blue Shield, for wellness and health care management programs designed to increase employee participation in healthy lifestyle activities. Adopted Budget Ordinance No. 40725-121916. (6 -0) 4. Execution of Amendment No. 2 to the Contract for Purchase and Sale of Real Property with Roanoke Higher Education Authority for property located at 209 Henry Street, N. W., to change the project initiation and completion dates. Adopted Ordinance No. 40726-121916. (6 -0) 5. Execution of Amendment No. 3 to the Contract for Purchase and Sale of Real Property with Northwest Recreation Club, Inc., for property fronting along Highland Farm Road, N. W., to extend the project completion date. Adopted Ordinance No. 40727-121916. (6 -0) COMMENTS OF CITY MANAGER. The City Manager shared the following comments: Fiscal Year 2017 -2018 Budget • Departments are working on their Budget Offers and must submit them to Management and Budget staff by January 3 • Council Briefings on the budget will be held on the first Mondays monthly through April • The Recommended Budget presentation will be on April 17 • The Budget Public Hearing will be held on April 27 to invite citizen comments • Budget Adoption will occur on May 15 Social Media Update • Roanoke has achieved another milestone on Social Media. Last week, the city hit 170,000 followers for its 53 social media pages combined. • Roanoke's main Facebook page leads the way with 75,000 followers. • Facebook Live has become a great tool for interaction with our citizens through Social Media • Most recently, the Office of Communications used Facebook Live to share the Christmas Parade at Dickens of a Christmas. The video reached more than 600,000 users and was watched and commented on from all over the world. • Communications and Media Coordinator Timothy Martin has been invited to speak at a Social Media Conference in Dallas in April, to share best practices for using Facebook Live. b. DIRECTOR OF FINANCE: Authorization of intent to reimburse for expenditures from bond proceeds from the 2018 debt issuance, in an amount not to exceed $500,000.00, for the City of Roanoke and Roanoke City Public Schools capital improvement projects; and advance appropriation of funds. Adopted Budget Ordinance No. 40728-121916. (6 -0) 8. REPORTS OF COMMITTEES: a. A report of the Roanoke City School Board requesting appropriation of funds for various educational programs; and a report of the Director of Finance recommending that Council concur in the request. Donna Caldwell, Director of Accounting, Spokesperson. Adopted Budget Ordinance No. 40729 - 121916. (6 -0) 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 11. MOTIONS AND MISCELLANEOUS BUSINESS: Inquiries and /or comments by the Mayor and Members of City Council. Mayor Lea announced the Mayor's Open House from 5:00 p.m. to 7:00 p.m. on Monday, December 19, 2016. Mayor Lea announced the 3rd Annual Lea High School Winter Classic Basketball Challenge will be held January 14, 2017 at Berglund Center Coliseum. This year's Challenge includes the following line -up: 12:00 p.m. William Fleming vs. Hidden Valley (Girls) 2:15 p.m. Northside vs. Northwest Guilford 4:00 p.m. William Fleming vs. Cave Spring (Boys) 5:30 p.m. Patrick Henry vs. North Stanley 7:00 p.m. Oak Hill vs. Cape Henry Tickets will be general admission for $10.00, with a special student ticket at $5.00, and are on sale at the Berglund Center Box office. Mayor Lea encouraged all to support the Roanoke Rail Yard Dawgs Hockey Club. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. NONE. 12. RECESSED - 3:20 p.m. THE COUNCIL MEETING STOOD IN RECESS TO BE RECONVENED AT 7:00 P.M., IN THE CITY COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING. ROANOKE CITY COUNCIL REGULAR SESSION DECEMBER 19, 2016 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order - -Roll Cell. Vice -Mayor Price arrived late. The Invocation was delivered by Council Member Bill Bestpitch. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Lea. At this point, Vice -Mayor Price entered the meeting (7:03 p.m.) Welcome. Mayor Lea. NOTICE: Tonight's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, December 22 at 7:00 p.m., and Saturday, December 24 at 4:00 p.m.; and video streamed by Internet through CivicPlus, at roanokeva.gov /councilmeetings. Council meetings are offered with closed captioning for the hearing impaired. A. PRESENTATION AND ACKNOWLEDGEMENTS: A resolution naming Jamice Rudd as the 2016 Citizen of the Year. Adopted Resolution No. 40730 - 121916. Mayor Lea presented Jamice Rudd with a ceremonial copy of the resolution and personal plaque as recipient of the 2016 Citizen of the Year Award. B. PUBLIC HEARINGS: 1. Request of Puppyland, Ltd., to rezone property from 1 -1, Light Industrial District, with conditions, to CG, Commercial - General District, with conditions, and amend the conditions proffered as part of a previous rezoning at 745 Townside Road, S. W. Jonathan D. Puvak, Attorney, Spokesperson. Adopted Ordinance No. 40731-121916. (7-0) 2. Request of Randal Johnson to vacate an approximately 500 square foot semi - circular extension on the west side of an undeveloped 10 foot alley that extends from Connecticut Avenue, N. E., to, and intersecting with, another undeveloped 10 foot alley extending from Plantation Road, N. E. Randal Johnson, Petitioner, Spokesperson. Adopted Ordinance No. 40732-1211916.(7-0) 3. Request of Blue Eagle Credit Union to rezone the properties at 1430 and 0 Hershberger Road, N. W., from MX, Mixed -Use District, to CG, Commercial - General District, with conditions. Jeff Thompson, Owner, Spokesperson. Adopted Ordinance No. 40733-121916. (7-0) 4. Request of the City of Roanoke to lease to Virginia Western College Educational Foundation, Inc., to operate an acceleration center located at 709 South Jefferson Street, S. W., known as the former Gill Memorial Hospital Building. Daniel J. Callaghan, City Attorney. Adopted Ordinance No. 40734-121916. (7-0) 5. Request of Total Action Against Poverty in Roanoke Valley (TAP), along with TAAP Real Property I, LLC, for tax exemption of real property located at 302 2ntl Street, S. W. Annette Lewis, President, Spokesperson. Adopted Ordinance No. 40735-121916. (7-0) 6. Request of Total Action Against Poverty in Roanoke Valley (TAP), along with TAAP Real Property 11, LLC, for tax exemption of real property located at 2121 Salem Avenue, S. W. Annette Lewis, President, Spokesperson. Adopted Ordinance No. 40736-121916. (7-0) C. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. Mayor Lea wished everyone a happy holiday season and a very prosperous New Year. He announced the next session of Council will be held on Tuesday, January 3, 2017 and will convene at 10:00 a.m., instead of 9:00 a.m. D. ADJOURNED - 7:41 p.m. R fi CITY OF ROANOKE ° CITY COUNCIL - � 215 Church Avenue, S. W. - Noel C, Taylor Municipal Building, Suite 456 1 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 SHERMAN P. LEA, SR. Email: clerk�roanokeva.gov Mayor December 19, 2016 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Lea and Members of Council: Council Members William D. Bestpitch Michelle L. Dykstra Raphael E. "Ray" Ferris John A. Garland Anita I Price David B. Trinkle This is to advise you that I will not be present at the 2:00 p.m. session of Council on Monday, December 19, 2016; however, I will be present at the 7:00 p.m. session. Best wishes for a successful meeting. Sincerely, Anita J. Pnc'i�� Vice -Mayor AJ P /ctw 6Kdl& #;, Statement by Dr. M. Rupert Cutler 204 S. Jefferson Street, Suite 4 Roanoke, VA 24011 At the December 19, 2016 Meeting of Roanoke City Council Concerns Regarding the Proposed Mountain Valley Pipeline Mr. Mayor and Members of Council: Mountain Valley Pipeline construction across the headwaters of the Roanoke River could set back the City's expensive effort to clean up storm water and make it harder for the City-to meet its legally required maximum level of contamination goal. Soil erosion and siltation caused by pipeline construction could contaminate the Roanoke River drinking water supply and reduce the appeal of the river for recreation. Heavy rains, after the digging of trenches for the pipe on very steep slopes, will wash out the soil filled around the pipe, causing continuous soil erosion. This increased load of sediment will be carried into the Roanoke River above the Spring Hollow drinking water supply reservoir intake and come through the city to Smith Mountain Lake. Pipeline construction would create an unattractive, wide, permanently cleared right of way corridor across Poor Mountain and other nearby mountainsides in clear view from many parts of the Roanoke Valley, harming the visual appeal of the mountain scenery on which we are building our appeal to tourists, new businesses, and residents. Changes in the national forest plan requested by the pipeline company would adversely affect two wilderness areas, degrade a candidate wilderness area, and allow contamination of streams flowing from the national forest into drinking water supplies. The act establishing the Forest Service declared that the intention of the forest resery ations is to secure favorable conditions of water flows. Watershed protection- -the most important function of national forests — should not be compromised, as the pipeline company proposes. In the final analysis, it is you elected ladies and gentlemen- -not those you appointed to the board of the Western Virginia Water Authority- -who must speak up to protect our drinking water and mountain scenery and support the United States Forest Service in this controversy. Don't leave it to the board of the Western Virginia Water Authority. Water authority board members run no risk by punting on this issue, but your constituents—if they find their water bills going up, because of more expensive treatment, or if they look out their windows and see ugly mountainsides— can express their feelings about your action, or lack thereof, on this issue at the polls... and that is the way it should be. 1 hope the City of Roanoke will express these concerns regarding the proposed Mountain Valley Pipeline directly to the Federal Energy Regulatory Commission, to our governor, and to our representatives in Congress. Thank you. CITY OF ROANOKE AND MOUNTAIN VALLEY PIPELINE Prepared for City of Roanoke by Drs. Diana Christopulos, and Rupert Cutler December 19, 2016 - rNoanoxe Spring Hollow i 0 Shawsviile r crossing � 41 �oanok.e Poor Mt nt Mountain _ Image Landsat Copernicus �� P 2016 Googie �. Howns Salem !•. •+�' - , Roanoke _ f Cave-Sp ri R - H nt Mountain _ Image Landsat Copernicus �� P 2016 Googie Hill Studio for Roanoke Valley Cool Cities Coalition ABOVE: View from Giles High School today RIGHT: View of Giles High School with pipeline 1. Visual impact POTENTIAL LONG -TERM PIPELINE IMPACTS FOR CITY OF ROANOKE and Roanoke Valley VIEW OF CONSTRUCTION ON STEEP SLOPES LIKE POOR MOUNTAIN ABOVE CITY OF ROANOKE On and near Poor Mountain, the pipeline would have: • Over 70 segments with slope exceeding 30% • 10 segments with slopes exceeding 60 PROPOSED CHANGE TO JEFFERSON NATIONAL FOREST PLAN 500 -foot utility corridor, encouraging future co- location of 3 equally large projects For comparison, the widest highway in the USA (Houston's Katy Expressway - 26 lanes) has a 556 ft Right of Way footprint 2. Water quality POTENTIAL LONG -TERM PIPELINE IMPACTS FOR CITY OF ROANOKE and Roanoke Valley Threat: Deforestation on steep slopes over miles of the North Fork and South Fork of the Roanoke River and its tributaries What is the impact on Total Maximum Daily Load (TMDL) for the Roanoke River? Photo: New 12" Columbia gas pipeline on Peters Mountain near Pearisburg, Giles County, Virginia. 0. Water quality: US Forest Service required a partia l study of impacts on local rivers Increased annual runoff of almost 3,300 TONS of sediment for part of the North Fork - 73% above current amount. [206 dump trucks full of sediment] On the Roanoke River, "increased sediment loads are likely to continue downstream until the sediment is arrested behind the first dam (i.e., Niagara Dam) or is deposited into Smith Mountain Lake." n "Hydrologic Analvsis of Sedimentation: Mountain Valley Pipeline Jefferson National Forest Eastern Ranger Divide District," prepared on behalf of Mountain Valley Pipeline by CSI. Released 7 7 June 2016. Water quality: Forest Service Comments on CSI report ':.. a disturbance of this scale will not return to background sediment levels." `... sediment vields will continue to be elevated, decreasina... to a new normal" Meaning for TMDL for the Roanoke River? "Forest Service Comments on the Hydrologic Analysis of Sedimentation," loby P. Timm, Forest Supervisor, FERC filing, Docket CP 16 -10 -000, August 16, 2016. K 3. Public Safety POTENTIAL LONG -TERM PIPELINE IMPACTS FOR CITY OF ROANOKE and Roanoke Valley Signs in Newport community, Giles County, VA PUBLIC SAFETY: LARGE SIZE UNDER HIGH PRESSURE Large size — 42" Under 1,440 pounds of pressure per square inch Blast zone = 1,000 feet on each side Evacuation zone = 3,600 feet on each side MR. FRIEDMAN: "There are millions of miles of pipeline in the United States... Millions of miles. Right next to houses. Nothing ever happens." . "Comments by FERC project manager to elderly Newport landowner with home 65 feet from proposed pipeline, FERC hearing, Roanoke, 11/3/15 Interstate 77 near Sissonville, W. Va. December 2012 Williams Transco 20" pipeline • 3 homes destroyed • Melted part of Interstate 77 • Took an hour to turn off the pipeline • Had not been inspected for over 20 years ORGANIZATIONS OFFICIALLY OPPOSED TO MOUNTAIN VALLEY PIPELINE ( "controversial but not partisan ") Giles County Board of Supervisors Craig County Board of Supervisors Montgomery Board of Supervisors Roanoke County Board of Supervisors Appalachian Trail Conservancy Blue Ridge Land Conservancy Blue Ridge Parkway Foundation Roanoke Appalachian Trail Club Preserve Giles Preserve Craig Preserve Montgomery /NRV Preserve Roanoke /Bent Mountain Preserve Franklin Friends of Nelson Friends of the Lower Greenbrier River Allegheny Defense Project Appalachian Mountain Advocates Appalachian Voices Greenbrier River Watershed Assoc. Chesapeake Climate Action Network Heartwood Indian Creek Watershed Assoc. Mountain Lakes Preservation Alliance Roanoke Valley Cool Cities Coalition Sierra Club, Virginia & WV Chapters Sierra Club, Roanoke Group Natural Resources Defense Council Preserve Greenbrier County Preserve Monroe /Save Monroe Preserve Newport Historic Properties Protect Our Water, Heritage, Rights (POWHR) Summers County Residents Against the Pipeline The Border Conservancy West Virginia Highlands Conservancy West Virginia Rivers Coalition Wild Virginia We respectfully encourage and recommend that the City of Roanoke file comments with the Federal Energy Regulatory Commission (FERC) and the Jefferson National Forest (JNF) requesting further information: Request that the applicant (MVP) calculate the full potential impact of both construction and operation on both North and South Forks of the Roanoke River upstream from the intake of the Spring Hollow Reservoir and its impact on Total Maximum Daily Load (TMDL) for the Roanoke River. Request that the applicant (MVP) prepare detailed plans to prevent or mitigate impact based on successful strategies used in comparable settings Request information from the USFS on the future impact of the proposed Amendment 1 to the USFS plan for the Jefferson National Forest (JNF), which would create a 500 -foot Rx 5C- Designated Utility Corridor along the pipeline right of way through the JNF that encourages co- location of similar large utility projects along the same corridor. 13 THANK YOU. Diana Christopulos 907 Greenbrier Ct., Salem, VA Rupert Cutler 204 S. Jefferson Street, Suite 4 Roanoke, VA 14 aCITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: December 19, 2016 Subject: Adoption of Calendar of Events for Budget Development Activities for FY 2017 -2018 (CM16- 00171) Considerations: Annually, City Council approves the Calendar of Events for Budget Development Activities for the upcoming fiscal year. The recommended Calendar of Events for FY 2017 -2018 is attached. Recommended Action: Approve the attached Calendar of Events for Budget Development Activities for FY 2017 -2018. -- --------------- - - -- Christopher P. Morrill City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations CALENDAR OF EVENTS FOR BUDGET DEVELOPMENT ACTIVITIES FISCAL YEAR 2017 - 2018 Date Budget Preparation Activities January 3, 2017 Financial/ Budget Planning Work Session (During 9:00 a.m. Morning Briefing Session) February 6, 2017 Financial /Budget Planning Work Session (During 9:00 a.m. Morning Briefing Session) March 6, 2017 Financial /Budget Planning Work Session (continued) (During 9:00 a.m. Morning Briefing Session) April 3, 2017 Financial /Budget Planning Work Session (continued) (During 9:00 a.m. Morning Briefing Session) April 17, 2017 Recommended budget presented to City Council at regularly scheduled meeting April 27, 2017 Public hearings on recommended budget and tax rates (Thursday) at 7700 a.m. May 1, 2017 Budget Study May IS, 2017 City Council adopts General Fund, School Fund, Proprietary Fund budgets and an Update to the HUD Consolidated Plan and approves an annual appropriation ordinance at 2:00 p.m. pr CITY OF ROANOKE OFFICE OF THE, CI'T'Y CLERK A ti . R1 456 n1n5m 25 C+nx: 2W40., 1 Vv ierngnine, i n Rohnu'rockh e , - 36 1'eleLune: (515X51 -3511 01153-1145 SI EPIIANIE M. MOON REYNOLDS, MM(' I. ..... L elerk( —1 ... kcvo.quv C'ECEIJA F. MCCOY City Clerk Depety City Clerk CECELIA T. W EBB, CMC Assisnust Dennty City Clerk December 20, 2016 Tina Carr, Secretary City Planning Commission Roanoke, Virginia Dear Ms. Carr: This is to advise you that Lora J. Katz and James E. Smith have qualified as members of the City Planning Commission for four -year terms of office, each, ending December 31, 2020. Sincerely, Stephanie M. Moon Reynolds, MC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Lora J. Katz, do solemnly swear (or affirm) 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 City Planning Commission for a four -year term of office ending December 31, 2020, according to the best of my ability. (So help me God.) IIIiiI r The foregoing oath of office w s taken, sworn to, and subscribed before me by Lora J. Katz this J��day of 2016. �� Bill Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, James E. Smith, do solemnly swear (or affirm) 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 City Planning Commission for a four -year term of office ending December 31, 2020, according to the best of my ability. (So help me God.) JA ES E. SMITH The foregoing oath of office was taken, sworn to, and subscribed before me by James E. Smith this Z day of �`0`u�'S � 2016. Brenda S. Hamilton, Clerk of the Circuit Court i CITY OF ROANOKE da OFFICE OF THE CITY CLERK 215 Clmrc6 Avenue, S. W., Room 456 - Roanoke, Virginia 24011 -1536 'rekoutue: (540)853 -2541 Eec (540)853 -1145 STEPHANIE M. MOON REYNOLDS, MMC E -mail: elerk (ei]rommkeva.gov CECELIA E. MCCOY C'Ity Clerk Deputy City Clerk C'E.CELIA T. WEBB, CM(' Assistant Deputy City Clerk December 20, 2016 Edward Garner 3717 Chesterton Street, S. W. Roanoke, Virginia 24018 Dear Mr. Garner: On November 7, 2016, City Council reappointed you as a City representative to the Blue Ridge Behavioral Healthcare, Board of Directors for a three -year term of office ending December 31, 2019. Unfortunately, the date of your reappointment on the Oath or Affirmation of Office reflected December 31, 2020. Enclosed are two corrected Oaths or Affirmations of Office that will need to be re- administered, with one copy returned to the City Clerk's Office. Please accept my sincerest apology for the oversight. If you have any questions, please contact me at 853 -2541. Sincerely, /^ /'^/ A�r Stephanie M Moon . Re olds, MMC City Clerk Enclosure CECELIA T. W EBB, CMC As45tant Deputy City Clerk December 20, 2016 Liz Belcher Roanoke City Greenway Coordinator 1206 Kessler Mill Road Salem, Virginia 24153 Dear Ms. Belcher: This is to advise you that Margaret D. Butler has qualified as a member (City representative) of the Roanoke Valley Greenway Commission to fill the unexpired term of James D. Ritchie, Sr., ending June 30, 2019. Sincerely, Stephanie M. Moon Re s, N)1 /MIG- 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 STEPHANIE M. MOON REYNOLDS, MMC E -mail: clerk ©roaaokeva.gov CECELIA F. MCCOY Cily Clerk Deputy City Clerk CECELIA T. W EBB, CMC As45tant Deputy City Clerk December 20, 2016 Liz Belcher Roanoke City Greenway Coordinator 1206 Kessler Mill Road Salem, Virginia 24153 Dear Ms. Belcher: This is to advise you that Margaret D. Butler has qualified as a member (City representative) of the Roanoke Valley Greenway Commission to fill the unexpired term of James D. Ritchie, Sr., ending June 30, 2019. Sincerely, Stephanie M. Moon Re s, N)1 /MIG- City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Margaret D. Butler, do solemnly swear (or affirm) 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 (City representative) of the Roanoke Valley Greenway Commission to fill the unexpired term of James D. Ritchie, Sr. ending June 30, 2019, according to the best of my ability. (So help me God.) MARGARET D. BUTLER The foregoing oath of office was taken, worn to, and subscribed before me by PP Margaret D. Butler this � day of 2016. Brenda S. Hamilton, Clerk of the Circuit Court By_��C erk CECELIA T. W EBB, CMC Assistant Deputy City Clerk December 20. 2016 Tina Carr, Secretary Building and Fire Code Board of Appeals Roanoke, Virginia Dear Ms. Carr: This is to advise you that Glen Wayne Hall has qualified as a member (Citizen At- Large) of the Building and Fire Code Board of Appeals for a three -year term of office ending June 30, 2019. Siinnccee�rgelly,. ' y� R�% QMj 7 Stephanie M. Moon Reyn s,�MM City Clerk Enclosure PC: Neil Holland, Building Commissioner Daniel Rakes, Fire Marshal CITY OF ROANOKE a OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 Fax: (540) 853 -1145 STEPHANIE M. MOON REYNOLDS, MMC E -mail: clerkeirlroannkva.gov CECELIA F. MCCOY City Clerk Deputy City Clerk CECELIA T. W EBB, CMC Assistant Deputy City Clerk December 20. 2016 Tina Carr, Secretary Building and Fire Code Board of Appeals Roanoke, Virginia Dear Ms. Carr: This is to advise you that Glen Wayne Hall has qualified as a member (Citizen At- Large) of the Building and Fire Code Board of Appeals for a three -year term of office ending June 30, 2019. Siinnccee�rgelly,. ' y� R�% QMj 7 Stephanie M. Moon Reyn s,�MM City Clerk Enclosure PC: Neil Holland, Building Commissioner Daniel Rakes, Fire Marshal Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Glen Wayne Hall, do solemnly swear (or affirm) 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 (Citizen At- Large) of the Building and Fire Code Board of Appeals for a three -year term of office ending June 30, 2019, according to the best of my ability. (So help me God.) GLEN WAYNE HALL The foregoing oath of office was taken, sworn to, and subscribed before me by Glen Wayne Hall this 6M day of bPOeffl fA' 2016. Brenda S. Hamilton, Clerk of the Circuit Court By Clerk Thomas C. Gates, County Administrator Roanoke County Roanoke County Administration Center P. O. Box 29800 Roanoke, Virginia 24018 -0798 Dear Mr. Gates: I am enclosing copy of Ordinance No. 40721 - 121916 authorizing the proper City officials to execute a Contract for Purchase and Sale of Real Property between the City of Roanoke, Virginia, and the County of Roanoke, Virginia, to sell to Buyer certain real property located on Jae Valley Road, in Roanoke County, Virginia, consisting of 9.8770 acres, more or less, and which Property depicted as Parcel 1 in a plat entitled "Subdivision Plat from Records for the City of Roanoke, Virginia, Showing 34.98 Acres Plat Showing Property to be Acquired by the City of Roanoke, Virginia from L.F. and Lucille H. Stultz for a Proposed Back Creek Dam Creating Hereon Parcel 1 9.8770 Acres Parcel 1 -A 25.1027 Acres" prepared by Caldwell White Associates dated November 21, 2016, upon certain terms and conditions; the reservation of an access easement by the City across the Property to provide access to a public street for City - Owned property; and authorizing the City Manager to execute such further documents and take such further actions as may be necessary to accomplish the above matters. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 19, 2016; and is in full force and effect upon its passage. Siiin-�c��erre�el --yam Stephanie M. Moon Re UAC City Clerk Enclosure Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Laura M. Carini, Assistant City Attorney Barbara A. Dameron, Director of Finance Wayne F. Bowers, Director of Economic Development Cassandra L. Turner, Economic Development Specialist CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 6512541 Fax: (540)853 -1145 STEPHANIE M. MOON REYNOLDS, MMC E -mail: clurk(n)rmmakeva.gov CECELIA F. MCCOY City Clerk Deputy City Clerk CECELIA T. W EBB, CMC December 20, 2016 Assistant Deputy City Clerk Thomas C. Gates, County Administrator Roanoke County Roanoke County Administration Center P. O. Box 29800 Roanoke, Virginia 24018 -0798 Dear Mr. Gates: I am enclosing copy of Ordinance No. 40721 - 121916 authorizing the proper City officials to execute a Contract for Purchase and Sale of Real Property between the City of Roanoke, Virginia, and the County of Roanoke, Virginia, to sell to Buyer certain real property located on Jae Valley Road, in Roanoke County, Virginia, consisting of 9.8770 acres, more or less, and which Property depicted as Parcel 1 in a plat entitled "Subdivision Plat from Records for the City of Roanoke, Virginia, Showing 34.98 Acres Plat Showing Property to be Acquired by the City of Roanoke, Virginia from L.F. and Lucille H. Stultz for a Proposed Back Creek Dam Creating Hereon Parcel 1 9.8770 Acres Parcel 1 -A 25.1027 Acres" prepared by Caldwell White Associates dated November 21, 2016, upon certain terms and conditions; the reservation of an access easement by the City across the Property to provide access to a public street for City - Owned property; and authorizing the City Manager to execute such further documents and take such further actions as may be necessary to accomplish the above matters. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 19, 2016; and is in full force and effect upon its passage. Siiin-�c��erre�el --yam Stephanie M. Moon Re UAC City Clerk Enclosure Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Laura M. Carini, Assistant City Attorney Barbara A. Dameron, Director of Finance Wayne F. Bowers, Director of Economic Development Cassandra L. Turner, Economic Development Specialist IN T11E COUNCIL OF TI IE CITY OF ROANOKE, VIRGINIA The 19th day of December, 2016. No. 40721- 1.21916. AN ORDINANCE authorizing the propel City officials m execute a Contract for Purchase and Sale of Real Property ("Coup act') between the City of Roanoke, Virginia ( "City "), and the County of Roanoke, Virginia ("Buyer "), to sell to Buyer certain real property located on Jae Valley Road, in Roanoke County, Virginia, consisting of 9.8770 acres, more or less, ( "Property ") and which Property depicted as Parcel I in a plat entitled "Subdivision Plat from Records for the City of Roanoke, Virginia, Showing 34.98 Acres (D.B. 1056, Pg. 809) Plat Showing Property to be Acquired by the City of Roanoke, Virginia from L.F. and Lucille H, Stultz for a Proposed Back Creek Dam (D.B. 1056, Pg. 813) Creating Hereon Parcel 1 9.8770 Acres Parcel 1 -A 25.1027 Acres" prepared by Caldwell White Associates dated November 21, 2016 ( "Plat') , upon certain terms and conditions; the reservation of an access easement by the City across the Property to provide access to a public ,street for City -Owned property; 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 December 19, 2016, 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: 1. 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 dated O- Anthori,ng Cowmct br SUle benmcn Ciry and Connty ofROauolce —Jac Volley Roud -Nrwl 1(12- 1916) December 19, 2016, to sell to Buyer certain real property located on Jae Valley Road, in Roanoke County, Virginia, consisting of 9.8770 acres, more or less, and is depicted as Parcel I in a plat entitled "Subdivision Plat from Records lot the City of Roanoke, Virginia, Showing 34.98 Acres (D.B. 1056, Pg, 809) Plat Showing Property to be Acyuired by the City of Roanoke, Vilginia from LY. and Lucille I I Stuhz for a Proposed Back Creel< Dam (D, B. 1056, Pg. 813) Creating I lei con Parcel 1 9.8770 Acres Parcel I -A 25.1027 Acres" prepared by Caldwell White Associates dated November 21, 2016 ("Plat "), which Parcel I bears Roanoke County Official "Pax Map No. 089.00 -03 -29.02 on the Plat ( "Properly ") for the purchase price of $10.00, together with other consideration and performance of other obligations by Buyer, for the developing, constructing, operating and maintaining of a public park facility with public access to Back Creek for canoe and kayak uses, subject to certain terns and conditions as set forth in the Contract, including (i) the limitation on use of the Property to public park facilities and public park uses and the acknowledgement of the collaboration between Roanoke County and the City through installation of signage at these facilities, and (ii) the reservation of an access easement by the City across the Property to provide access to a public street for City -Owned property, described as Parcel I -A in the Plat, consisting of 25.1027 acres, more or less, and bearing Roanoke County Official Tax Map No. 089.00 -03 -29.00 ( "Adjacent Property ") for access to enter into and egress from Adjacent Property, upon such terms and conditions as more particularly set forth in the above - mentioned Agenda Report. 2. The City Council further finds the sale of the Property will be of economic benefit to the City and its citizens. 3. The City Manager is Further authorized to execute such further documents, including a Special Warranty Deed of Conveyance for the transfer of the Property to the Buyer in O- AwboTr?r, Cou[raol for Sale between City and County dRoanoke —Jae Vulley Rood -Parcel 1(12.19 -16) accordance with the terms of the Contract, and take such further actions as may be necessary to implement, administer, and enforce the Contract and complete die sale and transfer of the Property to the Buyer. 4. 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, ad in i n isler, and enforce the con ikons and obligations that must be In et by Buyer pursuant to the Contract. 5. The form of the documents referred to above and in the City Council Agenda Report are to be approved by the City Attorney. 6. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. 4AT ST; IS 0 A ty let c�'� -�eu'� O- A,,th...... g Conlmct for Sul, helwe,n City and County aRO coke- J,e WJ1, Rwd Perecl 1(12 19 -16) CITY OF OF ROANOKE o` OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA'_401LI595 Daniel J. Callaghan TELEPHONE 540. 853.2431 City Attorney FAX 544853.1221 EMAIL: cityatty manoke,:a.gov December 19, 2016 The honorable Sherman P. Lea, Sr., Mayor and Members of City Council Roanoke, Virginia Timothy R. Spencer Steven J. Talevi David L. Collins Heather P. Ferguson Laura M. Carini Assistant City Attorneys Re: Public Hearing for Sale of City -Owned Property Located on Jae Valley Road in Roanoke County, Virginia to the County or Roanoke, Virginia Dear Mayor Lea and Members of Council: Background: The City of Roanoke owns a parcel of real property located on Jae Valley Road in Roanoke County consisting of approximately 35 acres, more or less, bearing Official Tax Map Number 089.00 -03 -29.00 and lease lot Official Tax Map Nos. 089.00 -03 -29.01 and 089.00 -03 -29.02 in the tax records of the County (collectively, the "City Parcel'). The City Parcel is currently vacant and not in use. Roanoke County Parks and Recreation has approached the City about acquiring a portion of the City Parcel, for the purposes of developing, constructing, operating, and maintaining a public park facility with public access to Back Creek for canoe and kayak uses. Pursuant to Roanoke City Ordinance No. 40652- 091916, adopted September 19, 2016, following a public hearing, City Council authorized the City Manager to execute a contract for the sale of a portion of the City Parcel to the County consisting of approximately 9.8740 acres, more or less, and being lots depicted as lease lot 'fax Map Nos. 089.00 -03 -29.01 and 089.00 -03 -29.02 ( "Original Sale Parcel'). Pursuant to Roanoke County Board of Supervisors Ordinance No. 091316 -5, adopted September 13, 2016, the Board of Supervisors authorized the County Administrator to execute a contract for the sale of the Original Sale Parcel to the County. The City and the County entered into such contract dated October 3, 2016 ("Contract'). Subsequent to execution of the Contract, the parties discovered the City Parcel had not been subdivided. 'rhe City and the County resolved the subdivision issues through creation of a plat entitled "Subdivision Plat from Records for the City of Roanoke, Virginia, Showing 34.98 Acres (D.B. 1056, Pg. 809) Plat Showing Property to be Acquired by the City of Roanoke, Virginia from L.F. and Lucille H. Stultz for a Proposed Back Creek Dam (D.B. 1056, Pg. 813) Creating Hereon Parcel 1 9.8770 Acres Parcel I -A 25.1027 Acres" prepared by Caldwell White Associates dated November 21, 2016 ( "Plat'). "fhe Plat depicts two parcels of real estate, one parcel, identified in the Plat as Parcel I, consisting of 9.8770 acres, more or less, and bearing Official Tax Map No. 089.00 -03 -29.02 ( "Property "), and the other parcel identified as Parcel I -A, consisting of 25.1027 acres, more or less, and bearing Official Tax Map No. 089.00 -03- 29.00, and the Zoning Determination of the Roanoke County Zoning Administrator dated November 29, 2016, in which the Zoning Administrator determined that (i) the division of the City Parcel did not require subdivision approval because one of the parcels was being transferred to the County; and (ii) Parcel I -A constituted a legal nonconforming lot of record that can be developed without limitation based on the frontage of Parcel I -A along Jae Valley Road. The City and the County propose to enter into a contract for the sale of the Property to the County. Considerations: The proposed Contract establishes the purchase price as $10.00. As additional consideration, Roanoke County agrees to cooperate with the City to voluntarily adjust the boundaries between the two jurisdictions in order to move certain commercially developed properties located in Roanoke County on Williamson Road and Blue Hills Village Drive into the City limits. On December S, 2016, Roanoke County filed the Petition requesting the boundary line adjustments, and the same day the Roanoke County Circuit Court entered an Order granting the boundary line adjustments. The Order will be recorded in both Roanoke County and Roanoke City Circuit Courts. The Boundary Line Adjustments are effective January I, 2017. The Contract provides that a restrictive covenant will be included in the deed that will restrict use of the Property to public park facilities and public recreational uses. Roanoke County will also include signage within the park facilities acknowledging the collaboration between the City of Roanoke and Roanoke County in the development of the park. Resolution of the subdivision issue did not occur by October 31, 2016, the closing date in the contract originally authorized by City Council. Therefore, another public hearing is required to authorize the new Contract. Recommended Actions Absent comments at the public hearing to the contrary, adopt the attached ordinance authorizing the City Manager to execute a Contract substantially similar to the one attached to this report, and to execute such other documents including a Special Warranty Deed of Conveyance for the transfer of the Property to Roanoke County in accordance with the terms of the contract, and to take such further actions as may be necessary to implement, administer, and enforce such Contract. All documents are subject to approval as to form by the City Attorney. 'J(�'/,'�Siinn�'cceeVII rely, Daniel . gha City Attorney Christopher P. Morrill, City Manager R. Brian Townsend, Assistant City Manager for Community Development Stephanie Moon Reynolds, City Clerk Barbara A. Dameron, Director of Finance Troy A. Harmon, Municipal Auditor Wayne Bowers, Director of Economic Development Cassandra L. Turner, Economic Development Specialist CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY This Contract For Purchase and Sale of Real Property (Contract) is dated December 19, 2016, by and between the City of Roanoke, Virginia, a Virginia municipal corporation (Seller or City), and County of Roanoke. Virginia, an instrumentality of the Commonwealth of Virginia (Buyer or County). RECITALS: WHEREAS, Seller is the owner of real property, together with any buildings and improvements thereon, situated on Jae Valley Road, Roanoke County, Virginia, consisting of approximately 35 acres, more or less, bearing Official Tax Map Number 089.00 -03 -29.00 and lease lot Official Tax Map Nos. 089.00 -03 -29.01 and 089.00 -03 -29.02 in the tax records of the County (collectively, the "City Parcel "); WHEREAS, pursuant to Roanoke City Ordinance No. 40652 -091916, adopted September 19, 2016, following a public hearing, City Council authorized the City Manager to execute a contract for the sale of a portion of the City Parcel to the County consisting of approximately 9.8740 acres, more or less, and being lots depicted as lease lot Tax Map Nos. 089.00 -03 -29.01 and 089.00 -03 -29.02 ( "Original Sale Parcel'); WHEREAS, pursuant to Roanoke County Board of Supervisors Ordinance No. 091316- 5, the Board of Supervisors authorized the County Administrator to execute a contract for the sale of the Original Sale Parcel to the County; WHEREAS, the City and the County entered into such contract dated October 3, 2016 ( "Contract'); WHEREAS, subsequent to execution of the Contract, the parties discovered the City Parcel had not been subdivided; WHEREAS, the City and the County resolved the subdivision issues through creation of a plat entitled "Subdivision Plat from Records for the City of Roanoke, Virginia, Showing 34.98 Acres (D.B. 1056, Pg. 809) Plat Showing Property to be Acquired by the City of Roanoke, Virginia from L.F. and Lucille H. Stoltz for a Proposed Back Creek Dam (D.B. 1056, Pg. 813) Creating Hereon Parcel 1 9.8770 Acres Parcel 1 -A 25.1027 Acres" prepared by Caldwell White Associates dated November 21, 2016 ( "Plat') (a copy of the Plat is attached to the description of the Property set forth in 8xhibit A attached hereto and made a part hereof) that depicted two parcels of real estate, one parcel, identified in the Plat as Parcel 1, consisting of 9.8770 acres, more or less, and bearing Official Tax Map No. 089.00 -03 -29.02 ( "Property "), and the other parcel identified as Parcel I -A, consisting of 25.1027 acres, more or less, and bearing Official Tax Map No. 089.00 -03- 29.00, and the Zoning Determination of the Roanoke County Zoning Administrator dated November 29, 2016, in which the Zoning Administrator determined that (i) the division of the City Parcel did not require subdivision approval because one ofthe parcels was being transferred to the County; and (ii) Parcel 1 -A constituted a legal nonconforming lot of Cmnraa Nr lac Valley L,nd —12 7 16 &A record that can be developed without limitation based on the frontage of Parcel I -A along Jae Valley Road; WHEREAS. the City and the County propose to enter into a new contract for the sale of the Property to the County; WHEREAS, Seller is desirous of selling the Property to Buyer and Buyer is desirous of acquiring the Property for the purposes of developing, constructing, operating and maintaining a public park in accordance with the terms and conditions of this Contract; and WHEREAS, Seller will sell the Property to Buyer subject to the terms, conditions, and restrictions set forth in this Contract. THEREFORE, for and in consideration of the mutual covenants and conditions herein set forth, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties hereto, Seller and Buyer hereby agree the above Recitals are hereby incorporated into this Contract and that they further agree as follows: SECTION 1. DEFINITIONS. Unless the context otherwise specifies or requires, for the purpose of this Contract, the following terms shall have the meanings set forth in this Section: Adjacent Parcel: Adjacent Parcel shall mean property of Seller situated in Roanoke County, Virginia, more particularly described as Parcel I -A in the Plat attached to Exhibit A, consisting of 25.1027 acres, more or Tess. Buyer's Proposal: Buyer's Proposal refers to the development of a passive public park that will provide access to the public for use of Back Creek for canoes and kayaks, and such other public recreational uses, all as more particularly described on Exhibit B attached hereto and made a part hereof. Closing: The consummation of this Contract by Seller's delivery of a Deed to the Property to Buyer. Closing Date: The date provided for in Section 10 hereof for the Closing. Contemplated Use: The development of a passive public park facility with public access to Back Creek for canoe and kayak uses. 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, the provisions of Section 10 which shall be recited in the Deed, and as set forth in the Title Commitment. Convec, fo, J- W le, Lvnd— 12 ].I6 &MI 9 Improvements: Any and all improvements, and all appurtenances thereto, located on the Property at the time of Closing. Proieet: This term means and includes the construction work to be done by Buyer over the course of 24 months after Closing as well as any related and /or connected work that may be required and /or done on the Property to result in Buyer's Contemplated Use of the Property, all in accordance with the terms and provisions of this Contract. Reservation of Easement: This term shall mean the right of Seller to reserve an easement for access across the Property for access to enter onto, and egress from the Adjacent Parcel, from time to time, and for any time, for pedestrians by foot, and by persons with vehicles and equipment, for any and all activities conducted or to be conducted on the Adjacent Parcel. The Reservation of Easement shall benefit the Adjacent Parcel and shall burden the Property and shall run with the land. The Reservation of Easement shall be included in the Deed and shall permit the Seller, its successors and assigns to enter onto the Property to construct, operate, maintain, repair and replace roadways, driveways, or other improved access across the Property from existing public streets to the Adjacent Parcel. All such construction, maintenance, operation, repair and replacement shall be at the sole cost of the owner of the Adjacent Parcel. Restriction on Use: This term shall mean the restrictive covenant included in the Deed that will restrict the use of the Property by Buyer, its successors and assigns, to public park facilities and public recreational uses that include public access to Back Creek for canoe and kayak uses. Buyer, its successors and assigns, shall include signage within the public park facilities acknowledging the collaboration between the County of Roanoke, Virginia and the City of Roanoke, Virginia in the development of these public park facilities. Such signage shall be visible to the public from Jae Valley Road. The restriction on Use shall burden the Property and shall run with the land. Substantial Completion, Substantially Complete or Completed. or Substantial Conformance: Development of the Property by Buyer in accordance with the Contemplated Use of Property and Buyer's Proposal. Title Commitment: A commitment for title insurance in favor of Buyer for the Property to be issued by a Title Company, Title Company: Any nationally recognized title insurance company acceptable to Buyer. SECTION 2. PURCHASE AND SALE OF PROPERTY. A. Seller agrees to sell the Property to Buyer, and Buyer agrees to purchase the Property from Seller, upon all the terms, covenants, and conditions set forth in this Contract. B. The purchase price for the Property (Purchase Price) shall be Ten Dollars ($10.00) payable in cash or certified check from Buyer to Seller at Closing, together with performance of all other obligations of Buyer as set forth in this Contract. Comran for tae valley Lend — 12.1.16 drelt 1 C. As additional consideration for entering into this Contract, Buyer agrees to cooperate with Seller in voluntarily adjusting certain boundaries between the City of Roanoke, Virginia and the County of Roanoke, Virginia, pursuant to Section 15.2 -3106, et. seq., Code of Virginia (1950), as amended, as more particularly described in Exhibit C attached hereto and made part hereof (Boundary Adjustments) and diligently pursue approval of the Boundary Adjustments before the Circuit Court pursuant to Section 15.2- 3108, Code of Virginia (1950), as amended. SECTION 3. CONDITIONS PRIOR TO CLOSING. 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 obligations, representations and warranties in this Contract, and the fulfillment to Buyer's reasonable satisfaction of Seller's delivery to Buyer on the Closing Date of title to the Property and other documents as prescribed in Section 10. 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. As a condition precedent to Seller's obligation to sell the Property, Buyer and Seller shall have approved the agreements for the Boundary Adjustments as described in Exhibit C attached hereto and made a part hereof and submitted the petition to the Circuit Court pursuant to Section 15.2 -3108, Code of Virginia (1950), as amended. 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 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 Seller on or before the Closing Date, Seller, by written notice given to Buyer, shall provide Buyer with a ten (10) Day cure period from the Closing Date in which to deliver the Purchase Price and proceed with Closing. If Closing has not occurred within such additional time period through no fault of Seller, this Contract shall automatically be terminated without any further action. In the event of any termination as set forth above, this Contract shall be deemed terminated and of no further force and effect. E. 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 environmental opinion statements, deliver copies of same to Seller. If Seller so requests, Buyer shall also turn over copies of raw data obtained and Convect 1'or loc V.11, Lend -12 7 .16 d,afl any laboratory and observation reports or analyses. Such copies of all the above shall be provided to Seller without charge. G. Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, shall at all times comply with all applicable federal, state, and local laws, rules, and regulations. Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, prior to exercising any rights under Section 16, shall obtain, at their cost, any and all required permits and /or licenses for any such work. 14[ IyYU7 Cl1�N11YS1 Cli')FL`UE9 11 11 11 1MYO1311 rfnff I A. Obligations at Closing. Seller's Obligations. At the Closing, Seller agrees to sell to Buyer the Property and deliver the Deed to the Buyer in accordance with the terms of this Contract. Buver's Obligations. Buyer agrees and promises that it will do and /or has done the following at or prior to Closing: (i) Buyer will purchase the Property from Seller for the Purchase Price of Ten and no /100 Dollars ($10.00) and will make payment in accordance with the terms of this Contract. (ii) Buyer accepts the Property in an "AS IS" condition and 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. (iii) Buyer acknowledges and agrees that title to the Property are subject to all liens, encumbrances, and restrictions of record, together with all restrictions set forth in this Contract, including, without limitations, the Reservation of Easement and the Restriction on Use. (iv) Buyer shall enter into agreements with Seller to initiate the process to make the Boundary Adjustments in accordance with applicable laws of the Commonwealth of Virginia. (v) 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, Cnnimd t rJ,, VaII, Land- 12 7 .16 drop 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 Seller, as the Seller may direct. (vi) Buyer agrees that the conditions and obligations of Buyer under this Contract which are to be performed post- Closing are conditions and obligations that shall be incorporated either directly or by reference in any deed to the Property from Seller to Buyer, shall survive Closing, and shall be binding on Buyer's successors and assigns. These conditions and obligations of the Buyer which survive the Closing shall run with the land. B. Post- Closine Performance Obligations of Buver. Buyer acknowledges and agrees that a part of the consideration for the Seller is the Buyer's commitment to renovate develop, and operate the Property in accordance with Buyer's Proposal and the Restriction on Use and the performance of this commitment. Buyer agrees to perform each of the following obligations in accordance with the terms and conditions set forth in this Contract. I. Approval of Project and Commencement of Construction Activities. (a) Buyer shall, within 12 months after Closing, have completed all construction drawings and specifications for the construction of the Project, obtained all necessary permits and approvals for the construction of the Project, and commenced Construction Activity for the Project. Buyer will develop the Property in accordance with Buyer's Proposal. Completion of this development shall be pursued diligently and timely by Buyer and Buyer shall be solely responsible for satisfying its obligations hereunder. (b) If Buyer fails to commence Construction Activity within 12 months after Closing, Buyer shall be in default of this Contract and Seller may, at is sole option, acquire the Property in accordance with Section 15 hereof. For the purposes of this subsection "Construction Activity" under this Contract shall mean that Buyer has obtained necessary permits and approval from the County of Roanoke to construct the Project. 2. Substantial Completion of Construction. (a) All construction work necessary to complete the Buyers Contemplated Use of the Property shall be Substantially Completed within 24 months after the Closing Date. (b) In the event that Buyer fails to satisfy its obligations pursuant to Section 4 B. 2(a) hereof, Seller may, at its sole option, demand reconveyance of the Property. In the event that Seller exercises its rights hereunder, Buyer shall reconvey the Property to Seller, free and clear of all liens and C­,. r,mrvwi <rIa�d- 12z1sdrA encumbrances within 30 Days after Seller makes written demand to Buyer. The rights of Seller hereunder constitute covenants running with the land and shall be prior to all liens created or granted by Buyer or involuntarily attached to, or imposed on, the title to the Property. 3. Reports. Buyer agrees to and shall provide a written report (which may be by email) to the Seller's Assistant City Manager for Community Development advising Seller that Buyer has Substantially Completed construction of the Project in accordance with the terms of this Contract. Such report shall be provided to Seller within thirty (30) Days following Substantial Completion of construction. 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 in executing the construction of the Improvements. Buyer further agrees that Buyer does not, and shall not, during the construction of the Project, 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 consent may be granted or withheld in the absolute discretion of Seller, and any such assignment shall not relieve Buyer from any of its obligations under this Contract. SECTION 7. INDEMNITY. Buyer agrees to require each contractor and subcontractor that performs work at the Property in connection with the construction of the Project 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 the respective contractors, or subcontractors arising out of or connected in any way to the construction of the Project as provided in this Contract. SECTION 8. FORUM SELECTION AND CHOICE OF LAW. By virtue of entering into this Contract, Buyer agrees and submits itself to a court of competent jurisdiction, which shall be the Circuit Court or General District Court for City of Roanoke, Virginia, and further agrees this Contract is controlled by the laws of the Commonwealth of Virginia, with the exception of Virginia's conflict of law provisions which shall not apply, and that all claims, disputes and other matters shall be decided only by such court according to the Con�md lur tae valley Land - 12,7.16 drefl 7 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 thejurisdiction 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. 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. This provision shall survive Closing. B. Seller further represents and warrants with respect to the Property that: I. Title. Seller has title to the Property subject to all restrictions and encumbrances of record. 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. 3. Special Taxes. Seller has no knowledge of, nor has it received any notice of, any other special taxes or assessments relating to the Property, or any part thereof. 4. Hazardous Materials. Seller makes no warranties or representations of any type regarding hazardous materials of any type with respect to the Property. 5. Access. Ingress to and egress from the Property is available at Jae Valley Road in Roanoke County, Virginia. SECTION 10. TITLE AND CLOSING. A. Title to the Property, in accordance with the Survey, shall be conveyed by Seller to Buyer by a Deed, subject to the following: I. Ad valorem real property taxes and stormwater fees for the current year, not yet due and payable; 2. Those matters of title to which Buyer has not objected to in writing (Seller agrees to take reasonable efforts to resolve matters objected to by Buyer which efforts shall not include the expenditure of funds to third parties); 3. Those matters reflected on any survey completed by Buyer and to which Buyer has not objected to in writing (Seller agrees to take reasonable efforts to resolve matters objected to by Buyer which efforts shall not include the expenditure of funds to third parties); Comaa forJZe VoII, amid- 127 16 doll 4. Easements and other restrictions of record as of the date of execution of this Contract by Seller, the Reservation of Easement, and the Restriction on Use; 5. Liens and objections shown on the Title Commitment; 6. Other standard exceptions contained in a Title Policy as defined in Section 10(B) below. 7. Those items and matters set forth in this Contract and that the obligations and undertakings of Buyer in this Contract shall survive Closing and be incorporated into the Deed. All of the foregoing exceptions are herein referred to collectively as the "Conditions of Title." B. Delivery of title in accordance with the foregoing shall be evidenced by the willingness on the Closing Date of the Title Company to issue, upon payment of its normal premium, to Buyer its A.L.T.A. (Form B) Owner's Policy of Title Insurance (the "Title Policy ") insuring Buyer in the amount of the Purchase Price in respect to the Property and that title to the Property are vested in Buyer, subject only to the Conditions of Title. C. Buyer and Seller shall consummate and complete the closing of this transaction on or before January 31, 2017, with the specific Closing date being designated by Buyer in writing to Seller at least ten (10) business days in advance thereof (the "Closing Date "). D. The purchase and sale of the Property shall be closed (the "Closing ") at 10:00 A.M. on the Closing Date in the Office of the City Attorney, or at such other location, date, and time as shall be approved by Buyer and Seller. 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 persons) executing the various documents on behalf of Seller in connection with its sale of the Property; Contract tor ae valley Land 12 7 16 draft d) A duly executed counterpart of a Closing Statement; and e) Any other items required to be delivered pursuant to this Contract. E. At Closing, real property taxes and other fees and charges assessed against the Property by Roanoke County 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. Possession of the Property shall be delivered to Buyer on the Closing Date, subject to the provisions of this Contract. SECTION 11. 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 the Property is subjected to a bona fide threat of condemnation or condemned or taken by a body having the power of eminent domain or a transfer in lieu of condemnation, Buyer shall be promptly notified thereof in writing and within twenty (20) days after receipt of written notice to Buyer, Buyer may by written notice to Seller elect to cancel this Contract prior to the Closing Date, in which event all parties shall be relieved and released of and from any further duties, obligations, rights, or liabilities hereunder, and thereupon this Contract shall be deemed terminated and of no further force and effect. If no such election is made by Buyer to cancel this Contract, this Contract shall remain in full force and effect and the purchase contemplated herein, less any interest taken by condemnation or eminent domain, shall be effected with no further adjustments, and upon the Closing Date, Seller shall assign, transfer, and set over to Buyer all of the right, title, and interest of Seller in and to any awards that have been or that may thereafter be made for any such taking or takings. SECTION 12. 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 Cuntraet tar lac valley Lend -12 7 .I6 Gran 10 be liable to Buyer for any failure to deliver the Property to Buyer. In the event of a loss due to fire or other casualty prior to completion of the Closing, all insurance proceeds for any such loss shall be payable to the Seller under all circumstances. SECTION 13. 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. SECTION 14. 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 prior to Closing, Buyer's remedies shall be either (i) an equitable suit to enforce specific performance of such duties or responsibilities; or (ii) termination of this Contract. In the event that Buyer elects to terminate this Contract, Buyer shall provide Seller with written notice of termination and upon termination, neither party shall have any further rights or obligations under this Contract. Any and all other remedies otherwise available to Buyer, at law or in equity, are hereby expressly waived by Buyer except as otherwise specifically stated in this Contract. B. In addition to the remedy of repurchasing the Property pursuant to Section 15 of this Contract in the event of nonperformance of Buyer's obligations under Section 4.B.1 of this Contract, if Buyer either (i) fails to comply with any of the terms and conditions, or any of Buyer's obligations under this Contract that require Buyer's performance within a specific time period prior to Closing; or (ii) fails to comply with any other terms of this Contract or any other obligations of Buyer under this Contract prior to Closing after written notice of such default is provided by Seller and Buyer fails to cure such default within thirty (30) Days following Buyer's receipt of such notice, then, in either event, Seller may terminate this Contract and recover any specific monetary damages directly caused by Buyer's breach. SECTION 15. SELLER'S OPTION TO REPURCHASE AND BUYER'S AGREEMENT NOT TO CONVEY THE PROPERTY. A. Notwithstanding any provision contained in this Contract or the Deed, if after 12 months from the Closing as provided in Section 4.13.1 of this Contract, Buyer or its successor(s) in interest shall not have commenced Construction Activity, as described in Section 4.B.1, Seller shall have the right to refund to the then record owner(s) of the Property all or any part of the original Purchase Price for the Property paid by Buyer to Seller; C—I,ad for be Valley band -12 7 .16 drA whereupon the then record owner(s) of the Property shall forthwith convey the Property to Seller, free and clear of mortgages, deeds of trusts, liens, or other encumbrances. In the event that the record owner(s) of the Property for any reason fails or refuses to convey title back to the Seller as required herein, Seller shall have the right to enter onto and take possession of the Property or the pan thereof designated by Seller, along with all rights and causes of action necessary to have title to the Property or the part thereof designated by Seller conveyed to the Seller. Buyer may grant a mortgage or deed of trust on the Property provided that the holder of any such mortgage or deed of trust shall acknowledge and agree in writing that the right granted Seller pursuant to Section 15.A is superior to the mortgage or deed of trust and the holder of such mortgage or deed of trust shall discharge the mortgage or deed of trust in the event Seller exercises its right to repurchase the Property pursuant to Section 15.A. Buyer shall require that each and every lender of the Buyer that seeks to encumber the Property with a mortgage or deed of trust to acknowledge and agree to the provisions of this Section 15. SECTION 16. RIGHT OF ENTRY AND INSPECTION PERIOD A. Buyer shall have 30 Days following the execution of this Contract to complete Buyer's due diligence review of the Property (Inspection Period) to determine if there are any issues that would prevent the Buyer's use of the Property. Should Buyer determine during such Inspection Period that it is not satisfied with the Property or any characteristics thereof for any reason whatsoever, in Buyer's sole and absolute discretion, Buyer may terminate this Contract by notifying the Seller in writing as soon as possible, but no later than ten (10) Days after the end of such Inspection Period, of Buyer's decision to terminate the Contract. In such case, this Contract shall thereupon be terminated and of no further force and effect, unless Seller and Buyer mutually agree to modify this Contract to address any such issues. B. Buyer shall comply with the insurance requirements set forth in the Contract, including the items set forth below: I. Neither Buyer nor any subcontractor shall enter the Property to conduct any inspections under this Section 16 until Buyer's contractors and subcontractors have obtained and provided proof of the required insurance coverages to Seller, and such proof has been approved by Seller. Buyer confirms to Seller that all contractors and subcontractors have provided Buyer with proof of such insurance, or will do so prior to commencing any work under this Section 16. Seller acknowledges that Buyer is self - insured. Buyer shall require its contractors and subcontractors to obtain and maintain during the Inspection Period, at their sole cost and expense, the insurance policies and /or coverages required by this section. Seller and its officers, employees, agents, assigns, and volunteers shall be added as an additional insured to the general liability and automobile coverages of any such policies and such insurance coverages shall be primary and noncontributory to any insurance and /or self- insurance such additional insureds C—,—, rnr toe VA, ].and -12 7 .I6 drnn 12 may have. Buyer shall require each contractor and subcontractor to immediately notify in writing Seller of any changes, modifications, and /or termination of any insurance coverages and /or policies required by this Contract. Buyer shall provide to Seller with the signed Contract an Acord certificate of insurance for each contractor and subcontractor which states in the description of operations section one of the two paragraphs below: (a) Seller and its officers, employees, agents, assigns, and volunteers are additional insureds as coverage under this policy includes ISO endorsement CG 20 33 which provides that the insured status of such entities is automatic if required by a contract or a written agreement. (If additional insured status is automatic under a different coverage form, Buyer must attach a copy of the coverage form to its certificate. Any required insurance policies shall be effective prior to the beginning of any work or other performance by Buyer and any subcontractor under this Contract OR (b) ISO endorsement CG 20 10 will be issued, prior to the beginning of any work or other performance by Buyer under this Contract, to Seller and its officers, employees, agents, assigns, and volunteers naming them as an additional insured under the general liability coverage. (A copy of the binder confirming the issuance must be attached to the certificate. Any required insurance policies shall be effective prior to the beginning of any work or other performance by Buyer's contractors and subcontractors under this Section). However, if 2 (a) or (b) cannot be provided, Seller's Risk Manager, in such Manager's sole discretion, may approve such other certificate of insurance or insurance document(s) that the Risk Manager deems acceptable. Seller shall also be named as the Certificate Holder. 3. The minimum insurance policies and /or coverages that shall be provided by Buyer's contractors and subcontractors include the following: (a) Commercial General Liability: $2,000,000.00 $2,000,000.00 General Aggregate Limit (other than Products /Completed Operations). $2,000,000.00 Products /Completed Operations Aggregate Limit. $2,000,000.00 Personal Injury Liability (including liability for slander, libel, and defamation of character). $2,000,000.00 each occurrence limit Comunt tome VaI , [e,,d- 12.9.16 d ,,a 13 (b) Automobile Liability: $1,000,000.00 combined single limit (e) Workers' Compensation and Employer's Liability: Workers' Compensation: statutory coverage for Virginia Employer's Liability: $100,000.00 Bodily Injury by Accident each occurrence $500,000.00 Bodily Injury by Disease Policy Limit. $100,000.00 Bodily Injury by Disease each employee. (d) 'rhe required limits of insurance for this Contract may be achieved by combining underlying primary coverage with an umbrella liability coverage to apply in excess of the general and automobile liability policies, provided that such umbrella liability policy follows the form of the underlying primary coverage. (e) Such insurance policies and /or coverages shall provide for coverage against any and all claims and demands made by a person or persons or any other entity for property damages or bodily or personal injury (including death) incurred in connection with the services, work, items, and /or other matters to be provided under this Contract with respect to the commercial general liability coverages and the automobile liability coverages. With respect to the workers' compensation coverage, Buyer's and its subcontractors' insurance company shall waive rights of subrogation against Seller and its officers, employees, agents, assigns, and volunteers. 4. Proof of Insurance Coverage: (a) Buyer shall furnish Seller with the above required certificates of insurance showing the type, amount, effective dates, and date of expiration of the policies. (b) Where waiver of subrogation is required with respect to any policy of insurance required under this Section, such waiver shall be specified on the certificate of insurance. Insurance coverage shall be in a form and with an insurance company approved by Seller, which approval shall not be unreasonably withheld. Any insurance company providing coverage under this Section shall be authorized to do business in the Commonwealth of Virginia. 6. "fhe continued maintenance of the insurance policies and coverages required by this Section is a continuing obligation, and the lapse and /or termination of any such policies or coverages without approved replacement policies and /or coverages being obtained shall be grounds for termination of Buyer for default. Coma ranee vanes 1,ad -12 .J 16 drae 14 Nothing contained in the insurance requirements is to be construed as limiting the liability of Buyer, and /or its contractors or subcontractors, or their insurance carriers. Seller does not in any way represent that the coverages or the limits of insurance specified are sufficient or adequate to protect Buyer's interest or liabilities, but are merely minimums. The obligation of Buyer's contractors and subcontractors, to purchase insurance shall not in any way limit the obligations of Buyer in the event that Seller or any of those named above should suffer any injury or loss in excess of the amount actually recoverable through insurance. Furthermore, there is no requirement or obligation for Seller to seek any recovery against Buyer's insurance company before seeking recovery directly from Buyer. SECTION 17. 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, Virginia ATTN: City Manager 364 Noel C. Taylor Municipal Building 215 Church Avenue, SW Roanoke, Virginia 24011 Fax No. 540- 853 -2333 If to Buyer: County of Roanoke, Virginia ATTN: County Administrator County Administrative Building 5204 Bernard Drive Roanoke, Virginia 24018 Fax No. 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 18. TIME. Time is of the essence in the performance of the parties' respective obligations in this Contract. SECTION 19. SUCCESSORS AND ASSIGNS. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns. Comma ror L, V.11, land - 129.16 drat} 15 SECTION 20. 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 21. 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 22. 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 TO BE PERFORMED BY THE PARTIES POST - CLOSING SHALL SURVIVE CLOSING. SECTION 23. COOPERATION Each party agrees to cooperate with the other in a reasonable manner to carry out the intent and purpose of this Contract. SECTION 24. 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 25. NONWAIVER Each party agrees that any party's waiver or failure to enforce or require performance of any term or condition of this Contract or any party's waiver of any particular breach of this Contract by any other party extends to that instance only. Such waiver or failure is not and shall not be a waiver of any of the terms or conditions of this Contract or a waiver of any other breaches of the Contract by any party and does not bar the non - defaulting party from requiring the defaulting party to comply with all the terms and conditions of this Contract and does not bar the non - defaulting party from asserting any and all rights and /or remedies it has or might have against the defaulting party under this Contract or by law. convect for lac V1111, Land- 12 7 .I6 dmll 16 SECTION 26. FAITH BASED ORGANIZATIONS. Pursuant to Virginia Code Section 2.2.-4343.1, be advised that Seller does not discriminate against faith -based organizations. SECTION 27. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this Contract, Buyer agrees that, unless Buyer is otherwise expressly authorized by law in connection with the performance of an agreement with a governmental entity the Commonwealth of Virginia, it will perform its obligations under this Contract 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 Parcel I B and IA. 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. (c) Notices, advertisements and solicitations placed in accordance with federal laws, rules or regulations shall be deemed sufficient for the purpose of meeting the requirements of this section. (d) Buyer will include the provisions of the foregoing subsections in every contract or purchase order of over ten thousand dollars and no cents ($10,000.00) so that the provisions will be binding upon each Buyer or vendor. SECTION 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 Buyer - supplied documents and /or the Plans are in conflict with the terms of this Contract, the parties agree that the terms of this Contract shall control, unless the parties mutually agree otherwise in a writing signed by both parties. SECTION 29. FO12CE MAJEURE. A delay in or failure of performance by any party shall not constitute a default, nor shall Seller or Buyer be in breach of this Contract, if and to the extent that such delay, failure, loss, or damage is directly caused by an occurrence beyond the reasonable control of such party and its agents, employees, Buyers, subcontractors, and consultants, which results from Acts of God or the public enemy, compliance with any order of or request of any governmental authority or person authorized to act therefore, acts of declared or undeclared war, public disorders, rebellion. Contract forlac Valley tend -12.7 It dna 17 sabotage, revolution, earthquake, floods, riots, strikes, labor or employment difficulties, delays in transportation, inability of party to obtain necessary materials or equipment or permits due to existing or future laws, rules, or regulations of governmental authorities or any other direct causes, and which by the exercise of reasonable diligence said party is unable to prevent. For purposes of this Contract any one delay caused by any such occurrence shall not be deemed to last longer than six (6) months and all delays caused by any and all such occurrences under any circumstances shall not be deemed to last longer than a total of six (6) months. Any party claiming a force majeure occurrence shall give the other party written notice of the same within thirty (30) Days after the date such claiming party learns of or reasonably should have known of such occurrence, or any such claim of force majeure shall be deemed waived. Notwithstanding anything else set forth above, after a total of six (6) months of delays or failure of performance of any type have been claimed as being subject to force majeure, no further delays or failure of performance or claims of any type shall be claimed as being subject to force majeure and /or being excusable delay. SECTION 30. 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. SIGNATURES APPEAR ON FOLLOWING PAGES Cnmmd for M, V0, Land -12 7 16 doA 18 IN WITNESS WHEREOF, Buyer and Seller have executed this Contract by their authorized representatives. ATTEST: CITY OF ROANOKE, VIRGINIA By: Christopher P. Morrill, City Manager COMMONWEALTHI OF VIRGINIA CITY OF ROANOKE, to -wit: The foregoing instrument was acknowledged before me this _day of , 2016, by Christopher P. Morrill, City Manager for Seller of Roanoke, Virginia, a Virginia municipal corporation, for and on behalf of said municipal corporation. My commission expires: Notary Public SEAL WITNESS /ATTEST: COUNTY OF ROANOKE, VIRGINIA By: Thomas C. Gates, County Administrator COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to -wit: The foregoing instrument was acknowledged before me this _day of , 2016, by Thomas C. Gates, the County Administrator of County of Roanoke, Virginia, an instrumentality of the Commonwealth of Virginia, for and on behalf of said instrumentality. My commission expires: Notary Public SEAL Cmma for Ju, Vunry Luna — 12 ].16 dmlt 19 Approved as to Form: Approved as to Execution: Roanoke City Attorney Roanoke City Attorney Authorized by Roanoke City Council Ordinance No. Approved as to Form: Approved as to Execution: Roanoke County Attorney Roanoke County Attorney Authorized by Roanoke County Board of Supervisors Ordinance No. 091316 -5 C.nIlnct r , Jai vaimy tew —12 r 16 daa 20 Exhibit A Property Description Exhibit B Buyer's Proposal Exhibit C Boundary Adjustment Agreements Comma for Jae valley Land— 12 7 16 draft 21 E.XHIBITA DESCRIPTION OF PROPERTY Parcel I as depicted and described in the Plat entitled "Subdivision Plat from Record for the City of Roanoke, Virginia, Showing 34.98 Acres (D.B. 1056, Pg. 809) Plat Showing Property to be Acquired by the City of Roanoke, Virginia from L.F. and Lucille H. Stoltz for a Proposed Back Creek Dam (D.B. 1056, Pg. 813) Creating Hereon Parcel 1 9.8770 Acres Parcel 1 -A 25.1027 Acres" prepared by Caldwell White Associates dated November 21, 2016. A copy of the Plat is attached hereto. C.m,w fo, fa., vaimy raid - 12 .z 16 d,aa 22 KNOW ALL MEN BY MESE PRESENIS TO M(. THE CITY,O ROANNOOKE, NRGINIA F =Irv. 11119 . J PARCEL 148]]0 ACRES PARCEL I -A 251002] ACRES ®���� �i I �CWA Cnmwe« WHITE A SSOC,nEEs m.0 uma -n /' \ �mvn �0 /. I'll IABLE tit a ®yPSY THE CITY,O ROANNOOKE, NRGINIA F . J PARCEL 148]]0 ACRES PARCEL I -A 251002] ACRES ®���� �i I �CWA Cnmwe« WHITE A SSOC,nEEs m.0 uma -n /' \ \^o /� I anuwww I'll IABLE tit a ®yPSY El,. � I ss usEUrxl (lNE rAaE THE CITY OF ROANOKEa ORz;NIA PARCEL 1�98]]pACRES PAR CEL � T25 1OP] ACRES Cn�nweu Wxrte ASSOnei[s THE CITY,O ROANNOOKE, NRGINIA F . J PARCEL 148]]0 ACRES PARCEL I -A 251002] ACRES •..sor°iv°. a °T, +wa I �CWA Cnmwe« WHITE A SSOC,nEEs {f /' \ \^o /� I El,. � I ss usEUrxl (lNE rAaE THE CITY OF ROANOKEa ORz;NIA PARCEL 1�98]]pACRES PAR CEL � T25 1OP] ACRES Cn�nweu Wxrte ASSOnei[s I El,. � I ss usEUrxl (lNE rAaE THE CITY OF ROANOKEa ORz;NIA PARCEL 1�98]]pACRES PAR CEL � T25 1OP] ACRES Cn�nweu Wxrte ASSOnei[s EXHIBIT B BUYER'S PROPOSAL Contract rorJae valley Lard— 12 9 16 daft 23 JAE VALLEY ROADf*~ (ROUTE 116). � u 14RD! Al 4Z. r J W, Y'� f Y. 2Y.v { rz YY as j,. t��fi :, t ✓� i P x Y ' e:! x 4 t r 1A G � ERL i ;t G ,Jpty t p l °q ,. f Y 3 tir � Ji ;yry d d� ✓f t 9l f _ EXHIBIT C BOUNDARY LINE ADJUSTMENT AGREEMENT'S Qmind for Jae valley Luna— 12 7 .16 area 24 AGREEMENT This Agreement made and entered into this 5t" day of 1%1 Q.& yw y 2016, by and between the COUNTY OF ROANOKE, VIRGINIA ( "County") and the CITY OF ROANOKE, VIRGINIA ( "City"). WHEREAS, both of the respective governing bodies desire to relocate and change portions of the boundary lines between Roanoke County and the City of Roanoke; and WHEREAS, the City Council of the City of Roanoke held a public hearing on this matter on September 19, 2016, and the Board of Supervisors of Roanoke County held a public hearing on this matter on September 13, 2016, upon publication of notice as required by law, and upon notice to affected property owners; and WHEREAS, the governing bodies desire to petition the Court for approval pursuant to the provisions of Article 2, Chapter 31, Title 152, Code of Virginia, as amended. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the parties hereto do agree as follows' 1. That the proposed boundary line adjustments are shown on a plat entitled "Plat From Records for Roanoke County, Virginia and the City of Roanoke, Virginia Showing 1.0736 acres (46,766 Sq. Ft.) and 0.0225 acre (979 Sq. Ft.) Being Transferred from Roanoke County Corporate Limits to the City of Roanoke Corporate Limits," dated August 4, 2016, and reviewed and sealed by Frank B. Caldwell, 111, Land Surveyor with Caldwell White Associates, on August 16, 2016, ( "Williamson Road Plat "), which Williamson Road Plat is attached hereto as Exhibit A. 2. That the corporate boundaries between the Roanoke County and the City of Roanoke be adjusted effective January 1, 2017, subject to approval of the Roanoke County 1 Circuit Court, as follows: (A) A parcel of real estate owned by CFS-4 III, LLC, and containing 1.0736 acres being along Williamson Road, U.S. Route 11 and 220 (being a part of Tax Map #38.14- 01- 77.00), and currently located in Roanoke County will be included within the corporate boundary of the City of Roanoke. (B) A parcel of real estate owned by Williamson Road Plaza, LLC, and containing 0.0225 acre being along Williamson Road, U.S. Route 11 and 220 (being part of Tax Map #38.14 -01- 76.00), and currently located in Roanoke County will be included within the corporate boundary of the City of Roanoke. That the County and City desire to petition the Circuit Court of the County of Roanoke to approve the relocation of the boundary line and the County and the City mutually agree that the cost for preparation of the plat and the publication of the notice be shared equally between the two jurisdictions. The County will initially pay all expenses and the City will subsequently reimburse the County for one -half of such expenses. WITNESS the following signatures and seals: FOR THE COUNTY OF ROANOKE: Approved as to Form: Peter S. Lubeck Senior Assistant County Attorney BOARD OF SUPERVISORS COUNTY OFJ2OANOKE, VIRGINIA Thomas C. Gates County Administrator FOR THE CITY OF ROANOKE Approved as to Form: CITY COUNCIL CITY OF ROANOKE, VIRGINI / By: Daniel J. C aghan Sherman P. Lea, Sr. City Attorney Mayor WILLIAMSON ROAD PLAT m x Y- a rt 9 Fi H H Y a m 0 O N a b w R 4�Y mwmmrw� v" 1 �=4IIf5 v SIP //- evs¢ ROANOKE COUNTY, VIRGINIA �BLVCIf YLLC m. i'ru a "i 711E CITY OF ROANOKf. VIRGINIA �a"' ' ..r..'r .,we o,. axorxic s<nis 5.x o.r - nw�m., roxw..�M axe mw. e ,a.�rswa °u'ar w.rw vw.w ax_w'w b A, 87 CV{/A CAIDWELf. WH0'E AssoclATes 4 wrw _. u� n�_wa_,ron� am —rw ur.un.xr� -w ^m ._.....�......e. .•.me INSlM1uMi smssx� /geaa�_nl � � � i US Onb •TnSOZ �/ R�FWx zP� O �=4IIf5 v SIP //- evs¢ ROANOKE COUNTY, VIRGINIA �BLVCIf YLLC m. i'ru a "i 711E CITY OF ROANOKf. VIRGINIA �a"' ' ..r..'r .,we o,. axorxic s<nis 5.x o.r - nw�m., roxw..�M axe mw. e ,a.�rswa °u'ar w.rw vw.w ax_w'w b A, 87 CV{/A CAIDWELf. WH0'E AssoclATes 4 wrw _. u� n�_wa_,ron� am —rw ur.un.xr� -w ^m ._.....�......e. .•.me INSlM1uMi avpa x®e�a r'w �IVF P_V✓ '6tl�'/CrCI�`Ir a��yr -w ,air a�l iLL� -a—I �a NIr I -,rO — rFS �w�iir��rO i+t �=4IIf5 v SIP //- evs¢ ROANOKE COUNTY, VIRGINIA �BLVCIf YLLC m. i'ru a "i 711E CITY OF ROANOKf. VIRGINIA �a"' ' ..r..'r .,we o,. axorxic s<nis 5.x o.r - nw�m., roxw..�M axe mw. e ,a.�rswa °u'ar w.rw vw.w ax_w'w b A, 87 CV{/A CAIDWELf. WH0'E AssoclATes 4 wrw _. u� n�_wa_,ron� am —rw ur.un.xr� -w ^m ._.....�......e. .•.me INSlM1uMi AGREEMENT This Agreement made and entered into this /p> day of L;iu'I'bfr 2016, by and between the COUNTY OF ROANOKE, VIRGINIA ( "County ") and the CITY OF ROANOKE, VIRGINIA ( "City "). WHEREAS, both of the respective governing bodies desire to relocate and change portions of the boundary lines between Roanoke County and the City of Roanoke; and WHEREAS, the City Council of the City of Roanoke held a public hearing on this matter on September 19, 2016, and the Board of Supervisors of Roanoke County held a public hearing on this matter on September 13, 2016, upon publication of notice as required by law, and upon notice to affected property owners; and WHEREAS, the governing bodies desire to petition the Court for approval pursuant to the provisions of Article 2, Chapter 31, Title 15.2, Code of Virginia, as amended. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the parties hereto do agree as follows: 1. That the proposed boundary line adjustments are shown on a plat entitled "Plat From Records for Roanoke County, Virginia and the City of Roanoke, Virginia: Lot 1 (0.7185 Acre), Common Area (0.4904 Acre), and Public Right of Way (0.4070 Acre) Plat Showing a Resubdivision of Parcel 1C -2 11.0679 Acres (Instrument No. 200713164 Rke Cc) Showing 1.6159 Acres Being Transferred from Roanoke County Corporate Limits to the City of Roanoke Corporate Limits," dated August 4, 2016, and reviewed and sealed by Frank B. Caldwell, 111, Land Surveyor with Caldwell White Associates, on August 16, 2016 ('Blue Hills Village Drive Plat "), which Blue Hills Village Drive Plat is attached hereto as Exhibit A. 1 2. That the corporate boundaries between the Roanoke County and the City of Roanoke be adjusted effective January 1, 2017, subject to approval by the Roanoke County Circuit Court, as follows: (A) A parcel of real estate owned by the National Bank of Blacksburg and containing 0.7185 acre, being located between Challenger Avenue and Blue Hills Village Drive (Tax Map #050.05-01 -26.00) and currently located in Roanoke County will be included within the corporate boundary of the City of Roanoke. (B) A parcel of real estate owned by the National Bank of Blacksburg and containing 0.4904 acre, being located between Challenger Avenue and Blue Hills Village Drive (Tax Map #050.05 -01- 26.01) and currently located in Roanoke County will be included within the corporate boundary of the City of Roanoke. (C) A public right -of -way containing 0.4070 acre, that is located between the two above - mentioned parcels and currently located in Roanoke County will be included within the corporate boundary of the City of Roanoke. 3. That the County and City desire to petition the Circuit Court of the County of Roanoke to approve the relocation of the boundary line and the County and the City mutually agree that the cost for preparation of the plat and the publication of the notice be shared equally between the two jurisdictions, The County will initially pay all expenses and the City will subsequently reimburse the County for one -half of such expenses. WITNESS the fallowing signatures and seals: lit FOR THE COUNTY OF ROANOKE: Ap raved as to Form: �J = d Pete S. Lubeck Senior Assistant County Attorney FOR THE CITY OF ROANOKE: Approved as to Form: Daniel ghan City Attorney BOARD OF SUPERVISORS COUNTY OAF TANOKE, VIRGINIA Bye o Thomas C. Gates County Administrator CITY COUNCIL CITY�.OANOKE, VIRGINIA By ^ Sherman P. Lea, Sr Mayor EXI IIBIT A 7I wor.IIM,%910Me)Nol0tvt19MN1 N rx N- rt bJ r G N x rJ rn c r r N W N b k r m ro w rt Rom c pv. Pn nNSI rvo. anAOs ROANOKE COUNTY, VIRGINIA LK CITY OF ROANOKE %RGINIA '&-COX /A ALUWELL WHITE ASSOCIATES IA C M� �.xre —oom -uw o_WVm ®cam �� <1RAf911C SCAtl ve rt ._ �IV�eI mrrt no Rom c pv. Pn nNSI rvo. anAOs ROANOKE COUNTY, VIRGINIA LK CITY OF ROANOKE %RGINIA '&-COX /A ALUWELL WHITE ASSOCIATES IA C M� �.xre —oom -uw o_WVm ®cam �� <1RAf911C SCAtl ve rt ._ �IV�eI mrrt The Roanoke Times Account Number Roanoke, Virginia 6057577 Affidavit of Publication Date _. December 12, 2016 STEPHANIE M. MOON, CITY CLERK 45TH FLOOR, NOEL C. TAYLOR MUNICIPAL BUILDING 5 CHURCH AVE SW, ROOM 456 l onncke, VA 2oo li Date Category Description Ad Size Total Cost i 12118/2016 Propos -Sid Bids -RFP NOTICE OF PUBLIC HEARING Pursuant to the requirements 1 x 88 L 471.28 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: 1211212016 The First insertion being given ... 12/12/2016 Newspaper reference: 0000443863 L� (ling Rep es native Sworn to and subscribed before me this Monday, December 12, 2016 Notary Pub'-) State of Virginia CitylCounty of Roanoke JU" 10 2013 My Commission expires THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU JUN 3P 2010 NOTICE OF PUBLIC HEARING A m.. 0 the p'nposed Con t ana Ordlnante vAll be avvlable at the city Gerk's Office. Xbom a56, Hcel C. Taylor Mook' iBoi ",Z l5 Church Avenue, S.W.. Roanoke, Orglnm. 290ll, on and after MaMEy. member 22, 20th For maybercq�{ ct the Office of the CMrClerk at (590%53 2592. All parties and intermmd entities may appear on the above date and time to be heaN on Ne above matter. if you are a person wit a disability ,Tm ceeds a000,, amb for this beano. please oaoa the Cdy Clerk's nmoo�n on Thurz a 530ecember 15, 20 6. Gwen uQer my hand Nis rte day of ueermoer 2016. 9ephame M- Moon Reynolds, City c"m v (4438511 M NOTICE OF PUBLIC HEARING Pursuant to the requirements of Sections 15.2 -18008 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 December 19, 2016, at 2:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, 4`h 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, Virginia (City) and the County of Roanoke, Virginia (Buyer), wherein the City proposes to sell to Buyer a portion of certain real property located on Jae Valley Road, in Roanoke County, Virginia, which portion is depicted as Parcel 1, consisting of 9.8770 acres, more or less (Property), in a plat entitled "Subdivision Plat from Records for the City of Roanoke, Virginia, Showing 34.98 Acres (D.B. 1056, Pg. 809) Plat Showing Property to be Acquired by the City of Roanoke, Virginia from L.F. and Lucille H. Stultz for a Proposed Back Creek Dam (D.B. 1056, Pg. 813) Creating Hereon Parcel 1 9.8770 Acres Parcel 1 -A 25.1027 Acres," prepared by Caldwell White Associates, and dated November 21, 2016 (Plat), for the developing, constructing, operating and maintaining of a public park facility with public access to Back Creek for canoe and kayak uses, subject to certain terms and conditions as set forth in the Contract, including (i) the limitation on use of the Property to public park facilities and public park uses and the acknowledgement of the collaboration between Roanoke County and the City through installation of signage at these facilities, and (ii) the reservation of an access easement by the City across the Property to provide access to a public street to City -Owned property, designated as Parcel 1 -A on the Plat (Adjacent Property) for access to enter into and egress from Adjacent Property. A copy of the proposed Contract and Ordinance 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, December 12, 2016. 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 me 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, December 15, 2016. Given under my hand this 7th day of December, 2016. Stephanie M. Moon Reynolds, City Clerk Note to Publisher: Please publish once in the Roanoke Times, legal notices, on Monday, December 12, 2016. Please send bill to: County of Roanoke ATTN: Thomas C. Gates, County Administrator County Administrative Building 5204 Bernard Drive Roanoke, Virginia 24018 540- 772 -2004 Please send affidavit of publication to: Stephanie M. Moon Reynolds, City Clerk City of Roanoke Noel C. Taylor Municipal Building, 4`h Floor, 215 Church Avenue, S.W., Room 456 Roanoke, Virginia, 24011 540- 853 -2541 Richard L. Walton Chief of Policy Commonwealth of Virginia Department of Transportation 1401 East Broad Street Richmond, Virginia 23219 Dear Mr. Walton: I am enclosing copy of Resolution No. 40722 - 121916 accepting Regional Surface Transportation Program Funds from the Virginia Department of Transportation to help fund both the engineering and construction of the second phase of the Tinker Creek Greenway Trail; and authorizing execution of any required documents on behalf of the City in connection with such funds under certain conditions. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, December 19, 2016. Sincerely, Stephanie M. Moon Reynolds, MMC City Clerk Enclosure c: Liz Belcher, Greenway Coordinator, Roanoke Valley Greenway Commission, 1206 Kessler Mill Road, Salem, Virginia 24153 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Michael Clark, Director of Parks and Recreation Donnie Underwood, Parks and Greenways Planner CIa TY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 Fnx: (540)853 -1145 STEPHANIE M. MOON REYNOLDS, MMC E -moil: dcrk @honnokev °'Ko° CECELIA F. MCCOV City Clerk Deputy City Clerk CECELIA l'. W EBB, CMC Assistant Deputy City Clerk December 20, 2016 Richard L. Walton Chief of Policy Commonwealth of Virginia Department of Transportation 1401 East Broad Street Richmond, Virginia 23219 Dear Mr. Walton: I am enclosing copy of Resolution No. 40722 - 121916 accepting Regional Surface Transportation Program Funds from the Virginia Department of Transportation to help fund both the engineering and construction of the second phase of the Tinker Creek Greenway Trail; and authorizing execution of any required documents on behalf of the City in connection with such funds under certain conditions. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, December 19, 2016. Sincerely, Stephanie M. Moon Reynolds, MMC City Clerk Enclosure c: Liz Belcher, Greenway Coordinator, Roanoke Valley Greenway Commission, 1206 Kessler Mill Road, Salem, Virginia 24153 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Michael Clark, Director of Parks and Recreation Donnie Underwood, Parks and Greenways Planner IN TIIE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of December, 2016. No. 40722- 121916. A RESOLUTION accepting Regional Surface Transportation Program Funds from the Virginia Department of Transportation to help fund both the engineering and construction of the second phase of the Tinker Creek Greenway Trail; and authorizing execution of any required documents on behalf of the City in connection with such funds under certain conditions. BE IT RESOLVED by the Council of the City of Roanoke as follows: The City Manager is hereby authorized on behalf of the City to accept Virginia Department of Transportation Regional Surface Transportation Program Frauds in the amount of $1,520,000, with no local match, for the engineering and construction of the second phase of the Tinker Creek Greenway Trail which will begin at Wise Avenue and traverse north alongside of Tinker Creek for three miles to Masons Mill Park. Once at Masons Mill Park, the Tinker Creek Trail will connect to the proposed Deschutes Brewery to be located within the Roanoke Centre for Industry and Technology, all of which is more particularly described in the City Council Agenda Report dated December 19, 2016. 2. The City Manager is hereby authorized to execute for and on behalf of the City, any and all requisite documents to obtain, accept, implement, administer and utilize the funds, such documents to be approved as to form by the City Attorney. ATTEST: —1 City Clerk. IN R -RSTP Poodx - T„i,.. Caok 2&, IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of December, 2016. No. 40723 - 121916. AN ORDINANCE to appropriate funding from the Virginia Department of Transportation Funds to the Tinker Creek Greenway Trail project, amending and reordaining certain sections of the 2016 -2017 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 2016 -2017 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from Federal Grant Funds 08- 620 - 9492 -9002 $ 1,520,000 Revenues VDOT RSTP — Tinker Creek Greenway Trail 08 -620- 9492 -9492 1,520,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: h,F Y-r, . �olll PteU JJ4' -, City Clerk. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: December 19, 2016 Subject: Acceptance of Regional Surface Transportation Program (RSTP) funds through the Virginia Department of Transportation (VDOT) for Phase 2 of the Tinker Creek Greenway Trail (CM16- 00172) Background: The City of Roanoke, with assistance from the Roanoke Valley Greenways Commission, applied for RSTP funds through VDOT to help fund both the engineering and construction of the second phase of the Tinker Creek Greenway Trail. VDOT has recently notified the City of its award of $1 ,520,000 in RSTP funds in support of the project. Considerations: The current portion of the Tinker Creek Trail begins near the confluence of Tinker Creek and the Roanoke River in Southeast Roanoke and travels approximately one and one half miles to its current terminus at the northern portion of Fallon Park at Wise Avenue. The second phase of the trail will begin at Wise Avenue and traverse north alongside of Tinker Creek for three miles to Masons Mill Park. Once at Masons Mill Park, the Tinker Creek Trail will connect to the proposed Deschutes Brewery to be located within the Roanoke Centre for Industry and Technology. Recommended Action: Adopt a Resolution accepting RSTP funding from VDOT in an amount not to exceed $1,520,000, and authorize the City Manager to execute the above mentioned agreements associated with said funding. All documents shall be approved as to form by the City Attorney. Authorize the City Manager to execute such additional documents as may be necessary to obtain, accept, implement, administer, and utilize the RSTP funds in an amount up to $1 ,520,000 for the Tinker Creek Greenway Trail Phase 2. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $1,520,000 and to appropriate the same amount for project expenditures into an account within the Grant Fund. L A-- ----- - - - - -- Christopher P. Morrill City Manager Distribution: Council Appointed Officers Barbara Dameron, Director of Finance Brian Townsend, Assistant City Manager Michael Clark, Parks and Recreation Manager Donnie Underwood, Parks and Greenways Planner STANDARD PROJECT ADMINISTRATION AGREEMENT Federal -aid Projects Proiect Number UPC Local Government 9999 - 128 -406 110101 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: 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 1 10101 Project # 9999 - 128 -406 Locality 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 2 CFR 200.338, Remedies for Noncompliance, 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 611812012: Revised 21512015 2 UPC 110101 Project # 9999- 128 -406 Locality City of Roanoke $750,000 annually in federal funding, such certification shall include a copy of the LOCALITY's single program audit in accordance with 2 CFR 200.501, Audit Requirements. 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 811812017 Revised 215/2015 3 UPC 1 10101 Project # 9999 - 128406 Locality 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. 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. 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 6118/2012; Revised 215/2015 4 UPC 110101 Project N 9999 -128 -406 Locality Ciri of Roanoke reimbursed in accordance with paragraphs IS, Lg., 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 6/18/2012; Revise 2/512015 UPC 110101 Project # 9999 - 128 -406 Locality 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 Date 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 Attachments Appendix A (UPC 1 10101) OAG Approved 6/18/2012, Revised 2152015 Date CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 - Fex: (540) 853 -1145 S'1'EPIIANIE M. MOON REYNOLDS, MM( Fnnol l: elerk(ptra000ke,it.,v C'PCELIA F. MC'COV City Clerk Depnry City( lei k December 20, 2016 Wellness for Life Medical, LLC Attention: Igor Kozunov, CEO 3495 South 4th Street Terre Haute, Indiana 47802 Dear Mr.Kozunov: CEC'ELIA T. W EDa, CMC A,i,ktaal Deputy Cite Clerk I am enclosing copy of Resolution No. 40724 - 121916 authorizing the City Manager's execution of Amendment No. 3 to the City's Contract with Wellness for Life Medical, LLC, in an amount not to exceed a total amount of $793,848.00 for an eighteen -month period beginning on January 1, 2017, for additional work to support the Clinic's wellness technology platform and employee outreach at the request of the City. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, December 19, 2016. Sincerely, Stephanie M. Moon Rey s, MM City Clerk Enclosure c: Dennis Handschu, Managing Partner, Wellness for Life Medical, LLC., 3495 South 4th Street, Terre Haute, Indiana 47802 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Cameron, Director of Finance Michael Shockley, Director of General Services Simone Knowles, Purchasing Manager Michelle Vineyard, Director of Human Resources IN 'I IIH COUNC'I I, OP I l li C'I'I y ()I. ROANUICIS, VIRGINIA ]'he 19th clay of Dec eniher, 2016. No. 40724 - 121916. A RFSO LUTION authorizing the City Manager's execution of Amendment No. 3 to the C'ily's C'onhact with Wellness 1001 I,ifc medical, LIA, in un amount not to cxtecd a total amount of $793,848 for an eighteen -month period beginning on January 1, 2017, lbr additional walk to suppial the Clinic's wellness technology platform and employee outreach at the request of the City. RG I'I' R6SOI,VI;D by the Council of the City of Roanoke that 1- The City Manager is hereby authorized to execute, for and on behalf of the City, in a form approved by the City Attorney, Amendment No. 3, to the City's contract with Wellness for Life Medical, LLC, in an amount not to exceed $793,848 for an eighteen -month period beginning on January 1, 2017, to allow for additional work to support the Clinic's wellness technology platform and employee outreach at the request of the City, all as more fully set forth in the City Council Agenda Report dated December 19, 2016. The City entered into the original Contract with Wellness for Life Medical, LLC, on January 17, 2013. 2. The City Manager is hereby authorized to take such further actions mid execute all necessary documents as may be necessary to obtain, accept, implement, and administer such Amendment, with any such documents being approved as to form by the City Attorney. ATTEST: J``�� 3,""AT�""-Ci - Resolution Approving Amendment No 3 - Wellness Po, Li12 Medical 12 19 .16 Doc Q CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: December 19, 2016 Subject: Amendment No. 3 to Contract with Wellness for Life Medical, LLC for Operation and Management Services of the City's Employee Health Clinic (CM16- 00173) Background The City entered into a Contract with Wellness for Life Medical, LLC (WFL) on January 17, 2013 to provide operation and management services for the City's Employee Health Clinic. The initial term of the Contract was for three (3) years with two (2) additional three (3) year renewal periods, and the Contract budget was a not to exceed amount of $622,984 for the first operating year of the Contract. There have been two Contract amendments to the initial Contract. For the Contract year ending January 16, 2016, Amendment No. 1 to the Contract was granted for a de minimis amount of $0.18 with the effective date retroactive to January 17, 2015. For the Contract year ending January 16, 2017, Amendment No. 2 to the Contract was granted on March 1, 2016 for a net amount of $110,864.00, increasing the Contract not to exceed amount to $733,848.00. The increased cost over the initial Contract period was due to increased utilization of the Clinic, as services were expanded to spouses of current employees, retirees, and the spouses of retirees enrolled on the City's healthcare plan. The amendment also authorized a contract renewal period for up to six (6) additional one (1) year periods or any combination thereof. Amendment No. 3 is now needed to increase the total amount of the Contract by $60,000 for a total Contract not to exceed amount of $793,848. This amendment will allow for additional work to support the Clinic's wellness technology platform and employee outreach at the request of the City. The amendment is also needed to change the term of the Contract from a one (1) year period from January 17, 2017 to January 16, 2018 to an eighteen (18) month period, commencing January 17, 2017 to June 30, 2018. This change in the term of the Contract will align Wellness for Life's contractual budget with the City's fiscal year budget. The contract renewal amount for this 18 -month renewal term shall not exceed $1,190,772.00. Considerations: Council approval is required for the amendment to the Contract. Funding for the Contract amendment is available in account 01- 340 - 1263 -3056 (Employee Health Services 3 r Party Contracts). Recommended Action: Authorize the City Manager to execute Amendment No. 3, approved as to form by the City Attorney, to amend the City contract with Wellness for Life Medical, LLC for the operation and management services of the City's Employee Health Clinic in accordance with the terms set forth in Amendment No. 3. Authorize the City Manager to take such actions and execute such documents, approved as to form by the City Attorney, as may be necessary to provide for the implementation, administration and enforcement of Amendment No. 3 to the above mentioned Contract. C opher P. Morrill City Manager Distribution: Council Appointed officers Sherman Stovall, Assistant City Manager for Operations Barbara A. Dameron, Director of Finance Michael Shockley, Director of General Services Timothy Spencer, Senior Assistant City Attorney IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 190 day of December, 2016. No. 40725 - 1.21916. AN ORDINANCE to appropriate funding from Anthem Blue Cross Blue Shield for wellness and health care management programs, amending and reordaining certain sections of the 2016 -2017 General 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 2016 -2017 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Wellness Reimbursement Expense Revenues Wellness Reimbursement 01- 340 - 1263 -3055 $ 50,000 01- 110 - 1234 -1500 50,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ^clj�yAITTTT IEEST: y^ '�'J I "t4 J ` , City Clerk CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: December 19, 2016 Subject: Appropriation of Wellness Program Funding (CM16- 00174) Background The City entered into an Administrative Services Agreement with HealthKeeper, Inc. and Anthem Health Plans of Virginia, Inc. dba Anthem Blue Cross Blue Shield on January 1, 2014 to administer certain elements of the City's Group Health Plan. The term of the Agreement is up to three (3) one (1) year periods or any combination thereof. As part of the Agreement, Anthem provides the City designated funding in the amount of $50,000 on an annual basis for wellness and health care management programs designed to increase employee participation in healthy lifestyle activities. Considerations: The Department of Human Resources administers the Agreement with Anthem Blue Cross Blue Shield and also administers all of the City's wellness and health care management programs. Currently, all health and wellness activities are funded through Human Resources' budget pending requests for funding reimbursement from Anthem. Once proof of payment is received for any wellness program, Anthem provides funding reimbursement to the City. For ease of administration, the $50,000 provided by Anthem for wellness programs should be recognized as anticipated revenue designated for wellness programs and activities and appropriated to the Human Resources budget. Recommended Action: Adopt the accompanying budget ordinance authorizing the Director of Finance to establish a revenue estimate in the General Fund for Wellness activities funds in the amount of $50,000 and appropriate funding in the same amount to the Human Resources budget. ChristoChristo h P City Manager Distribution: Council Appointed officers Sherman Stovall, Assistant City Manager for Operations Barbara A. Dameron, Director of Finance Amelia Merchant, Director of Management and Budget Timothy Spencer, Senior Assistant City Attorney E� CITY OF ROANOKE OFFICE OF THE CITY CLERK 21 5 Church Avenue, S. W., Room 456 Rounoke,Virglnin 24011 -1536 'releyhr,, (540)853 -1541 Fax: (540)853 -1145 SFEPIIANIE M. MOON REYNOLDS, MMC E -mail: elerk(n;ruunukecu'EO4 CE(ELIAF.MCCOY City Clerk Depnly City Clerk CECELIA T. W EBB, CMC Assistant Deputy City Clerk December 20, 2016 Dr. Kay Dunkley Executive Director Roanoke Higher Education Center 108 North Jefferson Street Room 208E Roanoke, Virginia 24016 Dear Dr. Dunkley: I am enclosing copy of Ordinance No. 40 726 - 1 21 91 6 authorizing the City Manager to execute Amendment No. 2 to the Contract for the Purchase and Sale of Real Property, dated January 21, 2015, by and between the City of Roanoke, Virginia, and Roanoke Higher Education Authority, for real property situated at 209 Henry Street, N.W., Roanoke, Virginia, designated as Official Tax Map No. 2013001, to extend the new construction commencement date to December 21, 2017, and the completion date of the new construction to January 22, 2019, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 19, 2016; and is in full force and effect upon its passage. Sinc rely, 1-�� ,� r / I 1-Kaw,u Xt� Stephanie M. Moon Reynolds, �MC City Clerk Enclosure c: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Wayne Bowers, Director of Economic Development IN 9l Ili COl1NClf OF THE CITY OF ROANOKE, VIRGINIA rhv 19th day 0f December, 2016. N, 40726 - 121916. AN ORDINANCE authorising the City Manager to execute Amendment No. 2 to the Contract for the Purchase and Sale of Real Property, dated January 21, 2015 ( "Contract "), by and between the City of Roanoke, Virginia ( "City "), and Roanoke Higher Education Authority (`RHEA "), for real property situated at 209 Henry Street, N.W., Roanoke, Virginia, designated as Official Tax Map No. 2013001, to extend the new construction cornmencement date to December 21, 2017, and the completion date of the new eonstructioH to January 22, 2019, upon certain conditions; authorizing the City Manager to execute such further documents and take such further actions as may be necessary to accomplish the above matters; reordaining Ordinance No. 40160 - 012015, adopted on January 20, 2015, and Ordinance No. 40509- 051616, adopted on May 16, 2016, only to the extent not inconsistent with this Ordinance; and dispensing with the second reading by title of this Ordinance. WHEREAS, the Council of the City of Roanoke adopted Ordinance No. 40160 - 012015, adopted on January 20, 2015, in which Council approved the tens of a Contract between the City and RHEA, pursuant to which Contract the City agreed to sell City -owned property located at 209 Henry Street, N.W., Roanoke, Virginia, designated as Official Tax Map No. 2013001; WHEREAS, the City and RHEA executed the Contract which was dated January 21, 2015; WHEREAS, the Council of the City of Roanoke adopted Ordinance No. 40509- 051616, adopted on May 16, 2016, in which Council approved the tens of an Amendment No. 1 to the Contract between the City and RHEA; and O- Amendment Tlo-209 Henry St -m RHEA- TM2013001(12- 19 -16) WHEREAS, the City and RHEA have negotiated changes to the Contract and desire to amend the Contract. THEREFORE, BE IT ORDAINED by the Council of the City of Roanolm as follows: I. City Council hereby approves the teens of Amendment No. 2 to the Contract as set forth in the City Council Agenda Report dated December 19, 2016, which Amendment No. 2 amends the Contract approved by City Council by Ordinance No. 40160 - 012015, adopted on January 20, 2015, as amended by Amendment No. 1, and provides for certain undertakings and obligations by RHEA and City. 2. The City Manager is hereby authorized on behalf of the City to execute Amendment No. 2 to the Contract, which provides to extend the new construction commencement date to December 21, 2017 and the completion date of the new construction to January 22, 2019, upon certain terms and conditions as set forth in Amendment No. 2 to the Contract attached to the City Council Agenda Report dated December 19, 2016. Such Amendment No. 2 to the Contract is to be substantially similar to the one attached to such Report, and in a form approved by the City Attorney. 3. The City Manager is further authorized to negotiate, execute, deliver, and implement such further documents and agreements and take such further actions as may be necessary to implement, administer, and enforce such Amendment No. 2 to the Contract, and to negotiate, execute, deliver, and implement any other agreements or documents related to this matter. 4. Ordinance No. 40160- 012015, adopted January 20, 2015, and Ordinance No. 40509- 051616, adopted on May 16, 2016, are hereby reordained to the extent that such O- Amendmem TwmP09 Hem, St W RREA- TM2013001(12 -19 -16) 2 Ordinances are not inconsistent with this Ordinance. In the event of any inconsistency, the provisions of this Ordinance shal I control, Pursuant to the provisions of Section 12 of the City Charter, the second reading by title of this Ordinance is hereby dispensed with, ATTEST: City Clerk 7 0 a oln�enl T,. 209 H,n St -w RHEA T1,1201300412-19 -16) eCITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: December 19, 2016 Subject: Request for Amendment No. 2 to the Contract for Purchase and Sale of Real Property Located at 209 Henry Street, N. W. (Official Tax Map No. 2013001) (CM 16-00176) Background: City Council adopted Ordinance No. 401 60 - 01 201 5 authorizing the execution of a Contract for Purchase and Sale of Real Property located at 209 Henry Street, N. W. (Official Tax Map No. 2013001) (Property) between the City and the Roanoke Higher Education Authority (Contract). The intended use of the Property is for construction of an addition to the Virginia Western Community College Culinary Arts Facility. Ownership of the property was conveyed to the Roanoke Higher Education Authority (Authority) on July 21, 2015. The Contract included a provision that construction commence on the addition within 12 months of closing (July 21, 2016) and be completed within 24 months of closing (July 21, 2017). If construction does not commence by the required date, the City will have the right to take back title to the property. The Authority requested supplemental funding from the Commonwealth of Virginia in order to fully complete the addition to the Culinary Arts Facility. This funding was approved in the adopted 2016 -2017 state budget. With this supplemental funding the construction was planned to commence, but would not start by the date required in the Contract. Due to the extra time needed to obtain full project funding, the Authority requested additional time to commence and complete construction of the building addition. The proposed new construction commencement date was December 21, 2016, and the completion date was January 22, 2018. By Ordinance No. 40509-051616, adopted by City Council on May 16, 2016, Amendment No. 1 was approved by City Council. The parties executed Amendment No. 1 on May 17, 2016. On November 15, 2016, the Authority notified the City that bids received in late October for the project significantly exceeded the budget. The Authority is now evaluating the project scope and identifying various scenarios and options on how to proceed, including value engineering, redesign, and identifying other revenue sources to address the budget shortfall. All of this work and the resulting options necessary to move the project forward will result in the project not being able to commence by the December 21, 2016 deadline, nor being completed by the January 22, 2018 deadline. Given the wide range of timeframes that these various options may take, the Authority requests that the Contract be further amended to change the project initiation date to be no later than December 21, 2017 and completion date to be no later than January 22, 2019. Ensuring the completion of this project will not only further the general intent of improving job skills and career opportunities for Roanoke's citizens, but will also provide additional development and investment along the Henry Street corridor that builds upon previous investments made in the Roanoke Higher Education Center and the Dumas Center. Proposed Amendment No. 2 is attached to this report for City Council's review and information. Recommended Action Adopt an Ordinance authorizing the City Manager to execute Amendment No. 2 to Contract for Purchase and Sale of Real Property located at 209 Henry Street, N. W. (Official Tax Map No. 2013001) in a form substantially similar to that which is attached to this Report, and to execute such other documents and to take such further actions as may be necessary to implement, administer, and enforce such Amendment No. 2. All documents are subject to approval as to form by the City Attorney. J-11-// - --------------------- Christopher P. Morrill City Manager Attachment Distribution: Council Appointed Officers Brian Townsend, Asst. City Mgr. for Community Development Barbara A. Dameron, Director of Finance Wayne Bowers, Director of Economic Development AMENDMENT NO.2 TO CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY This Amendment No. 2 to Contract For Purchase and Sale of Real Property (Amendment No. 2) is dated December 20, 2016, by and between the City of Roanoke, Virginia, (City or Seller), and Roanoke Higher Education Authority, a political subdivision of the Commonwealth of Virginia (RHEA or Buyer). RECITALS: WHEREAS, the City and RHEA entered into a contract dated January 21, 2015, that provided for City to sell and for RHEA to purchase certain real property, including any improvements thereon, situated at 209 Hemy Street, N.W., Roanoke, Virginia, depicted as Official Tax Map No. 2013001, consisting of 0.3777 acres and more particularly described in Exhibit A attached to the Contract, (Property) together with a thirty (30) foot nonexclusive access easement across Seller's adjoining lands (Nonexclusive Access Easement) (Contract); WHEREAS, RHEA acquired the Property and Nonexclusive Access Easement by Special Warranty Deed recorded in the Roanoke City Circuit Court on July 21, 2015 (Deed); WHEREAS, RHEA intends to construct an extension of its existing facilities on the Property and enter into a long term lease agreement with Virginia Western Community College (V WCC) that will permit VWCC to expand its operation of its culinary school into the building and improvements to be constructed on the Property; WHEREAS, the City and RHEA entered into an Amendment No. 1 to the Contract dated May 17, 2016, which Amendment No. 1 extended the time to commence and complete construction of the building extension; WHEREAS, RHEA has requested that certain terms and provisions of the Contract be further amended, changed, or modified as further set forth in this Amendment No. 2; and WHEREAS, the City and RHEA wanted to reduce to writing the amendments, modifications, and changes to the Contract which have been agreed to by the parties in accordance with Section 31 of the Contract. NOW, THEREFORE, the City and RHEA, in consideration of the promises and obligations as contained in the Contract, as amended, and in the above Recitals, which Recitals are incorporated herein and made a part of this Amendment No. 2 and as set forth in this Amendment No. 2, mutually agree as follows: SECTION 1. AMENDMENTS TO CONTRACT RHEA and the City agree to amend, and do hereby amend, the following Sections of the Contract, as amended, as follows: 1.1 The definition of the term "Project" in the Contract, as amended, is hereby replaced with the following: "Project: This term means and includes the construction work to be done by Buyer and Substantially Completed by January 22, 2019, as well as any related and/or connected work that may be required and /or done on any part of the Property to result in Buyer's Contemplated Use of the Property, all in accordance with the terms and provisions of this Contract " 1.2 Section 4.13.2 of the Contract, as amended, is hereby replaced with the following: "If Buyer fails to commence Construction Activity by December 21, 2017, Buyer shall be in default of this Contract and Seller may, at is sole option, acquire the Property and the Nonexclusive Access Easement in accordance with Section 16 hereof. For the purposes of this subsection "Construction Activity" shall mean: Buyer or its agent has obtained necessary permits and approval from the City of Roanoke Department of Planning Building and Development to construct the Project." 1.3 Section 4.13.3 of the Contract, as amended, is hereby replaced with the following: "All construction work necessary to complete the Buyer's Contemplated Use of the Property shall be Substantially Completed by January 22, 2019" 1.4 Section 4.13.6 of the Contract, as amended, is hereby replaced with the following: "On or before December 21, 2017, Buyer shall have completed all construction drawings and specifications for the construction of the Facility, obtained all necessary permits and approvals for the construction of the Facility. In the event that Buyer fails to provide written evidence of completion of these requirements within the time period set forth in this Section 4.13.6, the remedies provided in Section 16 shall apply." 1.5 Section 16.A of the Contract, as amended, is hereby replaced with the following: "Notwithstanding any provision contained in this Contract or the Deed, if by December 21, 2017, Buyer or its successor(s) in interest shall not have commenced Construction Activity, as reasonably determined by the Seller, and as described in Section 4.13.2, Seller shall have the right to refund to the then record owner(s) of the Property and Nonexclusive Access Easement all or any part of the original Purchase Price for the Property and Nonexclusive Access Easement paid by Buyer to Seller; whereupon the then record owner(s) of the Property and Nonexclusive Access Easement shall forthwith convey the Property and Nonexclusive Access Easement to Seller, free and clear of mortgages, deeds of trusts, liens, or other encumbrances. In the event that the record owner(s) of the Property and Nonexclusive Access Easement for any reason fails or refuses to convey title back to the Seller as required herein, Seller shall have the right to enter onto and take possession of the Property and the Nonexclusive Access Easement or the part thereof designated by Seller, along with all rights and causes of action necessary to have title to the Property and the Nonexclusive Access Easement or the part thereof designated by Seller conveyed to the Seller." SECTION 2. RECORDATION OF NOTICE The parties agree that the City will prepare an appropriate notice of this Amendment No. 2 and the City shall record such notice in the Roanoke City Circuit Court to reflect the changes to the Contract that is an exhibit to the Deed. RHEA agrees to pay for all recording costs and fees connected with the recording of this Amendment No. 2. SECTION 3. EFFECTIVE DATE OF AMENDMENT NO. 2 The effective date of this Amendment No. 2 is December 20, 2016. SECTION 4. BINDING EFFECT AND CONTINUATION OF TERMS AND CONDITIONS OF CONTRACT All the terms and conditions of the Contract between the parties dated January 21, 2015, together with Amendment No. 1 and this Amendment No. 2, shall continue in full force and effect, as modified by Amendment No. 1 and this Amendment No. 2. The Contract, as amended by Amendment No. 1 and this Amendment No. 2, constitutes the entire agreement of RHEA and the City with respect to this matter. IN WITNESS WHEREOF, the parties have signed this Amendment No. 2 by their authorized representatives. WITNESS: Printed Name and Title WITNESS: M3 Printed Name and Title Approved as to Form: Assistant City Attorney Approved as to Execution: Assistant City Attorney Authorized by Ordinance No. CITY OF ROANOKE, VIRGINIA By: Christopher P, Morrill, City Manager ROANOKE HIGHER EDUCATION AUTHORITY By: Thomas L. McKeon, Executive Director CITY OF ROANOKE OFFICE OF THE CITY CLERK _.,,,y- y 215 Clmrch Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 'IrlepLone: (54(1)853 -2541 14m: (541) 8531145 S'1'1,141ANIL M. MOON REYNOLDS, MNIC F.-mull: dcrk(mrpnnnkuvn ' a04 CE.CELIA F. MCCOY ('lly Clerk Dept11y City Clerk CECELIA T. WEDR, CMC Assistmit Depnly City Clerk December 20, 2016 Clay L. Dawson, President Countryside Sportsplex, Inc. 1529 Williamson Road, N.E. Roanoke, Virginia 24012 Dear Mr. Dawson: I am enclosing copy of Ordinance No. 40727- 121916 approving changes and modifications to the Contract to extend the time Countryside Sportsplex, Inc. has to complete the performance obligations and conditions under the Contract, including completing the proposed improvements on the Property, from 450 days after the closing date until on or before June 30, 2017; and upon such other terms as set forth in the proposed Amendment No. 3. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 19, 2016; and is in full force and effect upon its passage. Sine rely, �m.��� Stephanie M. Moon of s, MMC City Clerk Enclosure c: Bob Reed, President, Miller Court Neighborhood Alliance, 440 Thelma Street, N. W., Roanoke, Virginia 24017 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Michael Clark, Director of Parks and Recreation IN'i tIE COUNCIL OF'IFIE CITY OF ROANOKE, VIRGINIA 'the 19th day of December, 2016. No. 40727 - 121916. AN ORDINANCE approving certain changes and modifications to the Contract for Purchase and Sale of Real Property dated February 28, 2014, and as amended, by and between the City of Roanoke, Virginia, and Northwest Recreation Club, Inc. ( "Contract "), and under the terms of the Contract, Northwest Recreation Club, Inc. assigned its rights and obligations as buyer to Countryside Sportsplex, Inc. ( "Countryside "), to extend the time Countryside has to meet certain performance obligations and conditions imposed on Countryside under the terns of the Contract; authorizing the City Manager to execute Amendment No. 3 to the Contract to provide for such extension of time; and dispensing with the second reading of this Ordinance by title. WHEREAS, the City, as seller, and Northwest Recreation Club, Inc., as buyer (`Buyer ") entered into the Contract for the sale ofacertain City-owned property frontung along Highland Farm Road, N.W., Roanoke, Virginia, not to exceed the amount of 3.60 acres, which property included a former tennis facility building ( "Property "), as authorized by Ordinance No. 39868- 021814, adopted by City Council on February 18, 2014; WHEREAS, the Contract provided that all proposed improvements for the Buyer's contemplated use of the Property would be completed within 450 days after the real estate closing date; O- A,nendment No 3 m No,lh,,,, Retteatloo Club Contact n 2- 19 -11) WIIL: MS, by Agreement dated .June 27, 2014, rho Buyor aesigncd all of its rights and obligations under file Contract to Counlrys ide; WHEREAS, theC'ity and Counnyside closed the Property on ,Iuly3Q 2014; WI- IEREAS, by Amendment No. I, dated October 19, 2015, to the aforcmcntioned C'onhmet, as authorized by this C011nell by Ordinance No. 40360- 100815, adopted October 8, 2015, Countryside encountered several delays in tlm project's development and requested that the Conhact be amended to change the project substantial completion date to July 29, 2016; WHEREAS, by Amendment No. 2, dated July 8, 2016, to the aforementioned Contract, as authorized by this Council by Ordinance No. 40582 - 070516, adopted on July 5, 2016, Countryside encountered several delays in the project's development and requested that the Contract be amended to change the project substantial completion date to December 30, 2016; WHEREAS, Countryside, has informed the City that it has encountered several delays in completing the proposed improvements on the Property pursuant to the terms of the Contract as a result of many issues it has encountered, and has requested that the City amend the Contract to extend the time Countryside has to complete the performance obligations and conditions under the terns of the Contract, including completing the proposed improvements on the Property, from 450 days after the closing date until a date no later than June 30, 2017; and WHEREAS, City staff recommends that City Council authorize such Amendment No. 3. 0 Amendment No. 3 to Nwhwest Recreation Club C- IItIW.p2- 19 -16) THER1 +01W, BE fl ORDAINED by the Council ol'the City of Roanoke as follows: 1. City Council hereby appnWS the changes and modifications to the Contract to extend the lime Countryside has to complete the pet ton lnance obligations and conditions under the Counsel, including completing the proposed improvements on the Properly, from 450 days after the closing date until on m beirn e June 30, 2017; upon such other terms as more fully described in the City Council Agenda Repel dated December 19, 2016, to this Council, and the proposed Amendment No. 3, which is an attachment to such Report. 2. The City Manager is hereby authorized to execute Amendment No. 3 to the Contract, substantially similar to Amendment No. 3 attached to the City Council Agenda Report dated December 19, 2016, to provide for such extension of time, and to take such additional actions as may be necessary to provide for the implementation, administration, and enforcement of Amendment No. 3. All documents shall be upon form approved by the City Attorney. 3 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: U-• rte, g City Clerk. 0- Amendment No 3 m Northwest Roue Lion Club Contractor I2 -19 -167 eCITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: December 19, 2016 Subject: Amendment No. 3 to Contract for Purchase and Sale of Real Property Dated February 28, 2014 Between the City of Roanoke, Virginia and Northwest Recreation Club, Inc. (CM16- 00175) Background: The City of Roanoke, as part of the implementation of the Countryside Master Plan, as amended, adopted by City Council on September 17, 2012, entered into a Contract for Purchase and Sale of Real Property, dated February 28, 2014 (Contract) authorized by Ordinance No. 39868 - 021814, adopted by City Council on February 18, 2014 with the Northwest Recreation Club, Inc. (Buyer) regarding a site not to exceed 3.60 acres which included a former tennis facility building, fronting along Highland Farm Road, N.W.. The Contract contained a number of performance obligations and conditions imposed on the Buyer including the completion of all proposed improvements for the Buyer's contemplated use of the property within 450 days after the real estate closing date. By an agreement dated June 27, 2014, Buyer assigned all of its rights and obligations under the Contract to Countryside Sportsplex, Inc. (Countryside), as permitted under the Contract. Upon Countryside meeting certain fund raising, financing, and due diligence obligations required under the Contract, the City, by execution of a Special Warranty Deed, conveyed the property to Countryside on July, 30, 2014. Following the closing, Countryside proceeded to undertake initial pre - construction and design activities related to the property as required by the Contract including obtaining permits for environmental testing, interior demolition of the former tennis building, and related activities at the site prior to November 30, 2014. The Contract required substantial completion of the improvements by October 23, 2015. Countryside, however, encountered several delays in the project's development and requested that the Contract be amended to change the project substantial completion date to July 29, 2016. By Ordinance No. 40360-100815, adopted by City Council on October 8, 2015, Amendment No.] to the Contract was approved by City Council. The parties executed Amendment No. 1 on October 19, 2015. Subsequently, Countryside notified City Administration to indicate that additional issues related to an extended building renovation design process, unforeseen site utility conditions affecting connections to the former tennis building, and an unusually wet Spring and early Summer affected its ability to undertake necessary site improvements causing the project to fall behind the revised schedule. Countryside requested that the Contract be amended further to change the project substantial completion date to December 30, 2016. By Ordinance No. 40582- 070516, adopted by City Council on July 5, 2016, Amendment No. 2 was approved by City Council. The parties executed Amendment No. 2 on July 8, 2016. On December 8, 2016, Countryside once again notified the City of further delays in the completion of renovations to the former tennis facility, citing unanticipated delays in having permanent electrical service provided to the site by Appalachian Power, and the additional time it will take for route identification, design, and installation of this new service by the power company. Therefore, Countryside requests that the Contract be further amended to change the project completion date to June 30, 2017. Considerations: With the proposed execution of Contract Amendment No. 3, the remaining performance -based obligations which Countryside will be bound to perform as summarized below will not be affected: Upon substantial completion of the project, to provide to the City's Parks and Recreation Department exclusive access and use of two indoor multi- purpose courts, at no cost to the City, during the months of November through February, inclusive, on Saturdays from 9:OOam - 2:OOpm. Based upon mutually agreeable terms as contained in the Contract, the City shall continue such exclusive use of the two multi - purpose courts as outlined above until the value of such use by the City reaches the sum of $52,000. Based on the terms of use contained in the Contract, it is estimated that it would take approximately six and one -half (6.5) utilization seasons to exhaust the $52,000 value. (The $52,000 amount equates approximately to the assessed value of the land when it was proposed to be conveyed.) • As security for Countryside's compliance with the terms and conditions of the Contract, Countryside provided previously a form of security to the City upon execution of the Contract in the amount of $52,000. Such security would be paid to the City, in whole or in part, if Countryside does not completely and satisfactorily perform the obligations of the Contract. Ensuring the completion of this project will not only further the general intent of the Countryside Master Plan, but also provide the City's Park and Recreation Department needed access to indoor facilities for its recreational programs, and help further define a critical mass of recreational opportunities for both individuals and team sports in this part of Roanoke. Proposed Amendment No. 3 is attached to this report for City Council's review and information. Recommended Action: Authorize the City Manager to execute Amendment No. 3 to the Contract for Purchase and Sale of Real Property, substantially similar in form to such Amendment No. 3 which is attached to this report. Such Amendment No. 3 is to be approved as to form by the City Attorney. Authorize the City Manager to execute such further documents and take such further actions as may be necessary to accomplish the above matter, with the form of any such documents to be approved by the City Attorney, and to implement, administer, and enforce the above - mentioned Contract, as amended, and any subsequent documents. _0_ ----- --------------- Christopher P. Morrill City Manager Attachment Distribution: Council Appointed Officers Brian Townsend, Assist. City Mgr. for Community Development Barbara A. Dameron, finance Director Christopher Chittum, Director, Planning Bldg. and Development Michael Clark, Parks and Recreation Manager AMENDMENT NO. 3 TO CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY DATED FEBRUARY 28, 2014, AS AMENDED, BETWEEN CITY OF ROANOKE, VIRGINIA AND NORTHWEST RECREATION CLUB, INC. This Amendment No. 3 to Contract for Purchase and Sale of Real Property dated February 28, 2014, as amended, between the City of Roanoke, Virginia ( "Seller" or "City ") and Northwest Recreation Club, Inc., a Virginia non -stock corporation ( "Buyer ") (Amendment No.3) is made as of this day of December, 2016, by and between Seller and Countryside Sportsplex, Inc., a Virginia non -stock corporation ( "Countryside "). RECITALS WHEREAS, Seller and Buyer entered into a Contract for Purchase and Sale of Real Property dated February 28, 2014, following adoption of Ordinance No. 39868 - 021814 by Roanoke City Council on February 18, 2014, and amended by Amendment No. 1 dated October 19, 2015 and Amendment No. 2 dated July 8, 2016 ( "Contract "), pursuant to which Contract Seller agreed to sell to Buyer, and Buyer agreed to acquire, certain real property, together with improvements thereon, consisting of approximately 3.34 acres of land, not to exceed 3.60 acres, fronting along Highland Farm Road, in Roanoke, Virginia, and being a portion of property of Seller bearing Official Tax Map No. 6472302 (Property), for the purpose of developing an athletic facility ( "Project "); WHEREAS, the Contract included certain conditions and performance obligations imposed on Buyer, including substantial completion of all improvements for Buyer's Contemplated Use of the Property within 450 Days after the Closing Date', WHEREAS, the Buyer completed a subdivision plat to subdivide the Property from the parcel bearing Official Tax Map No. 6472302; WHEREAS, the Property bears Official Tax Map No. 6472303, consisting of 3.5890 acres of land; WHEREAS, the Contract was assigned from Buyer to Countryside pursuant to Assignment of Contract dated June 27, 2014, the Seller having consented to such assignment; WHEREAS, City Council adopted Ordinance No. 40360 - 100815 on October 8, 2015, to authorize the execution of Amendment No. 1 to the Contract, and Seller and Countryside executed Amendment No. 1 on October 19, 2015, to give Countryside an additional period of time until July 29, 2016, to commence development of the Project on the Property after Countryside encountered several delays in commencing work at the Property, including drainage issues; WHEREAS, City Council adopted Ordinance No. 40582- 070516 on July 5, 2016, to authorize the execution of Amendment No. 2 to the Contract, and Seller and Countryside executed Amendment No. 2 on July 8, 2016 , to extend the date by which all improvements on the Property must be substantially complete from July 29, 2016, to a date on or before December 30, 2016, after Countryside encountered several delays in commencing work at the Property, arising from delays in completion of design of the Project in order to obtain permits, unforeseen existing site utility connection conditions, and weather related delays; WHEREAS, Countryside has encountered further delays in completing substantial renovation of the Property as a result of unanticipated delays encountered in establishing a route for the provision of electrical utility service being extended to the Property, and has requested an additional period of time until June 30, 2017, to complete substantial completion of improvements to the Property pursuant to Section 4.B.3 of the Contract; and WHEREAS, Seller is willing to further amend the Contract with respect to performance of this condition, subject to approval by Roanoke City Council. NOW, THEREFORE, based on the mutual promises and covenants contained herein, other good and valuable consideration, and the Recitals set forth herein which are a material part of this Amendment No. 3, Seller and Countryside hereby agree to amend the Contract as follows: Amendment to Contract Section 4.B.3 of the Contract, as amended, is amended by deleting the phrase "on or before December 30, 2016" wherever it appears in Section 4.B.3 of the Contract, as amended, and inserting the following phrase in its place: `on or before June 30, 2017." 2. Effect of Amendment No. 3. Except as amended by Amendment No. 3, the Contract, as amended by Amendment No. 1 and No. 2, remains in full force and effect in accordance with its terms and provisions. The Contract, as amended, constitutes the entire agreement by Seller, Buyer, and Countryside with respect to the Contract. This Amendment No. 3 is made pursuant to Section 32 of the Contract. Acknowledgement of Remedies Countryside acknowledges and agrees that, in the event that the Project is not Substantially Completed by June 30, 2017, Seller has all of its remedies under the terms of the Contract, as amended, including the right of Seller to recover the amount of the Performance Security, as defined in Section 12 of the Contract, as amended. Countryside further acknowledges and agrees that, in the event that Seller exercises its right to recover the Performance Security for such default, Countryside remains obligated to provide Seller with exclusive use of the Facility as provided in Section 4.B.5 of the Contract, as amended. Recording of Amendment. Countryside shall, at its sole cost and expense, record a copy of this Amendment No. 3 and an attested copy of the ordinance adopted by Roanoke City Council authorizing the City Manager to execute, deliver, and perform this Amendment No. 3 with the Clerk's Office of the Circuit Court of City of Roanoke, Virginia. Countryside shall request that a copy of this Amendment No. 3 and the attached copy of the ordinance be indexed with Seller as Grantor and Countryside as Grantee and refer to the Dced. Authorization. The persons who have executed this Amendment No. 3 on behalf of the parties represent and warrant that they are duly authorized to execute this Amendment No. 3 on behalf of their respective entity. SIGNATURES APPEAR ON FOLLOWING PAGES IN WITNESS WHEREOF, Seller and Countryside have executed this Amendment No. 3 by their authorized representatives. ATTEST: CITY OF ROANOKE, VIRGINIA By: City Clerk Christopher P. Morrill, City Manager COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to -wit: The foregoing instrument was acknowledged before me this _day of December, 2016, by Christopher P. Morrill, City Manager for the City of Roanoke, Virginia, a Virginia municipal corporation, for and on behalf of said municipal corporation. My commission expires: Notary Public SEAL WITNESS /ATTEST: COUNTRYSIDE SPORTSPLEX, INC. Clay L. Dawson, President COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to -wit: The foregoing instrument was acknowledged before me this day of December, 2016, by Clay L. Dawson, President of Countryside Sportsplex, Inc., a Virginia non -stock corporation, for and on behalf of such entity. My commission expires: Notary Public SEAL Approved as to Form: Approved as to Execution: Assistant City Attorney Authorized by Ordinance No. Assistant City Attorney December 20, 2016 Barbara A. Dameron Director of Finance Roanoke, Virginia Dear Ms. Dameron: CECELIA T. W EBB, CIVIC Ax,olmtl Deputy City Clerk I am enclosing Budget Ordinance No. 40728- 121916 to appropriate funding to be provided by the issuance of General Obligation Bonds to the Fallon Park Elementary project, and amending and reordaining certain sections of the 2016 -2017 School Capital Projects Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 19, 2016; and is in full force and effect upon its passage. Sincerely, n' Stephanie M. Moon Reyno ds, MMC City Clerk Enclosure Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools, 40 Douglass Avenue, N. W., Roanoke, Virginia 24016 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Amelia Merchant, Director of Management and Budget CGO ITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Chm-ch Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 'relepkane: (540)853 -2541 Fax: (540)853 -1145 S'1'EPIIANIE M. MOON REYNOLDS, MIMIC E -mail: r10 k(0roanokeva.,ee CECELIA F. MCCOY City Clerk Deputy City Clerk December 20, 2016 Barbara A. Dameron Director of Finance Roanoke, Virginia Dear Ms. Dameron: CECELIA T. W EBB, CIVIC Ax,olmtl Deputy City Clerk I am enclosing Budget Ordinance No. 40728- 121916 to appropriate funding to be provided by the issuance of General Obligation Bonds to the Fallon Park Elementary project, and amending and reordaining certain sections of the 2016 -2017 School Capital Projects Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 19, 2016; and is in full force and effect upon its passage. Sincerely, n' Stephanie M. Moon Reyno ds, MMC City Clerk Enclosure Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools, 40 Douglass Avenue, N. W., Roanoke, Virginia 24016 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Amelia Merchant, Director of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of December, 2016. No. 40728- 121916. AN ORDINANCE to appropriate funding to be provided by the issuance of General Obligation Bonds to the Fallon Park Elementary project, amending and reordaining certain sections of the 2016 -2017 School Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2016 -2017 School Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from 2018 Bond Funds 31- 065 - 6084 -9390 $500,000 Fallon Park Renovation 31- 065 - 9474 -9391 500,000) 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. s J 0 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: December 19, 2016 Subject: School Board Appropriation Request and Resolution of Intent to Reimburse from 2018 Bond Funds Background Roanoke City Public Schools (RCPS) is currently in the planning stages for the renovation of Fallon Park Elementary School to address ageing facility improvements as well as increased student membership. The window for construction work is narrow and in an effort to utilize the available window in the most effective manner, RCPS desires to begin the design phase of the project. This requires RCPS to finance the architectural and engineering (A & E) costs from available fund balance. Considerations: Council adopted the FY 2017 -2021 Capital Improvement Plan (CIP) in May 2016. Included in the Plan was $5.0 million in school improvements as a component of the planned debt issuance for FY 2018. $4.0 of the $5.0 million was designated for Fallon Park. On December 13, 2016, the School Board took action to appropriate funding in the amount of $500,000 for the Fallon Park capital project. RCPS is requesting that City Council appropriate funding for the Fallon Park project and authorize the reimbursement for Fallon Park capital project expenditures from Bond proceeds in an amount not to exceed $500,000 once the FY 2018 Bonds are issued. This will provide RCPS the necessary flexibility to proceed with the Fallon Park renovation. Council appropriation and authorization of this intent to reimburse from the advance issuance of bond funds is required. Recommended Action: Adopt the accompanying resolution of the Intent to Reimburse from 2018 debt issuance, in an amount not to exceed $0.5 million, for the Roanoke City Public Schools capital improvement projects. Adopt the accompanying budget ordinance to advance appropriate $500,000 for the Fallon Park capital project from the FY 2018 debt issuance into accounts to be established by the Director of Finance. "tarbara A. Dameron Director of Finance Distribution: Council Appointed Officers December 20, 2016 Cindy Poulton, Clerk Roanoke City School Board 40 Douglass Avenue, N. W. Roanoke, Virginia 24012 Dear Ms. Poulton: I am enclosing copy of Budget Ordinance No. 40729 - 121916 to appropriate funding from the Federal Government for the Title X Homeless Assistance Program, and amending and reordaining certain sections of the 2016 -2017 School Grant Fund Appropriations. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, December 19, 2016; and is in full force and effect upon its passage. ;ce ,,� Sincerely, - Stephanie M. Moon Reynolds, MMC City Clerk Enclosure PC: Dr. Rita Bishop, Superintendent, Roanoke City Public Schools, 40 Douglass Avenue, N. W., Roanoke, Virginia 24012 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Amelia Merchant, Director of Management and Budget CITY OF ROANOKE OFFICE OF THE CITY CLERK ,v 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Tel,hmrw (540)653 -2541 Fax: (540)653 -1145 STEPHANIE W MOON REYNOLDS, MNIf CFD F. MCCOV City Clerk Deputy eputy City Clerk k CECELIA T. WEBB, CMC A,Auent Deputy City Clerk December 20, 2016 Cindy Poulton, Clerk Roanoke City School Board 40 Douglass Avenue, N. W. Roanoke, Virginia 24012 Dear Ms. Poulton: I am enclosing copy of Budget Ordinance No. 40729 - 121916 to appropriate funding from the Federal Government for the Title X Homeless Assistance Program, and amending and reordaining certain sections of the 2016 -2017 School Grant Fund Appropriations. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, December 19, 2016; and is in full force and effect upon its passage. ;ce ,,� Sincerely, - Stephanie M. Moon Reynolds, MMC City Clerk Enclosure PC: Dr. Rita Bishop, Superintendent, Roanoke City Public Schools, 40 Douglass Avenue, N. W., Roanoke, Virginia 24012 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Amelia Merchant, Director of Management and Budget �7 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA "tie 79th day oC December, 2016. No, 40/29- 121916. AN ORDINANCE to appropriate funding from the Federal Government for the Title X Homeless Assistance Program, amending and reordaming certain sections of the 2016 -2017 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2016 -2017 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows Appropriations Coordinator Salary professional Development Student Transportation Indirect Cost Revenues Federal Grant Receipts 302 -140- HOME - 1000 -145L- 61210- 41138 -9 -08 $ 8,772 301 - 140 -HOME- 1000 -145L- 61210- 44313 -9 -08 2,000 302 -140 - HOME - 1000 - 145L - 61210 - 43342 - 9 - 08 1,000 302 - 140- HOME - 1000 -145L- 00000- 62000 -9 -08 228 302 - 000 - 0000 - 0000 - 145L - 00000 - 38195 - 0 - 00 12,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST.. ^ J U U/`C1c_n ✓ Ci y le .� Win AA ROANOKE CITY PUBLIC SCHOOLS December 19, 2016 School Board Annette Lewis The Honorable Sherman P. Lea, Sr., Mayor Chairman and Members of Roanoke City Council Roanoke, VA 24011 Lori E. Vice Chairman Dear Members of Council: Mark K. Cathey William B. Hopkins, Jr. As a result of official School Board action on Tuesday, December 13, Laura D. Rottenborn 2016, the Board respectfully requests that City Council approve the Lutheria H. Smith following appropriation requests: Dick Willis Advanced Capital Appropriation Capital Funds Dr. Rita D. Bishop superintendent Fallon Park Renovation/ Expansion $500,000.00 Cindy H. Poulton Revised Grant Appropriation Additional Award Clerk of the Board Title X Homeless Assistance Program 2016 -17 $12,000.00 On behalf of the School Board, thank you for your consideration. Sincerely, Cindy H. Poulton, Clerk pc: Dan Callaghan Rita D. Bishop Chris Morrill Kathleen Jackson Barbara Dameron Lori Ramey (w /details) Annette Lewis CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: December 19, 2016 Subject: School Board Appropriation Request Background As the result of official Roanoke City School Board action at its December 13, 2016 meeting, the Board respectfully requested that City Council appropriate funding as outlined in this report. The Title X Homeless Assistance Program 2016 -17 grant award of $12,000 supports students who are experiencing homelessness. The increase reflects the final award allocation. The program will be fully reimbursed by Federal funds and will end September 30, 2018. This is a continuing program. Recommended Action: We recommend that Council concur with this report of the School Board and adopt the attached budget ordinance to establish revenue estimates and to appropriate funding as outlined. Barbara A. Dameron Director of Finance Distribution: Council Appointed Officers Rita D. Bishop, Superintendent, RCPS P. Steve Barnett, Assistant Superintendent for Operations, RCPS Kathleen M. Jackson, Chief Financial Officer, RCPS IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th toy of December, 2016. No. 40730 - 121916. A RESOLUTION naming and honoring Jamice Rudd as the City of Roanoke 2016 Citizen of the Year. WHEREAS, Ms. Rudd earned her Bachelor of Science degree in criminal justice /biblical perspective from Liberty University in Lynchburg, Virginia, and received her Master's degree in accounting also from Liberty University; WHEREAS, since November 2010, Ms. Rudd volunteers as the President of the Roanoke Redevelopment & Housing Authority's Bluestone Park Community located in Northeast Roanoke; WHEREAS, since August 2010, Ms. Rudd also volunteers as the Treasurer of Joint Resident Council, Inc., a 501(c)(3) organization created by the Housing Authority to represent all of the residents residing in the eight neighborhood communities of the Housing Authority; WHEREAS, in 2015 the Housing Authority received a $40,000 grant from the Foundation for Roanoke Valley to support a program that provided dentures and eye glasses to individuals who were unable to afford these essential services, and Ms. Rudd promoted this program to help her neighbors by volunteering to transport program participants to Bedford, Virginia, in her personal vehicle, three times a week between 7:00 a.m. and 3:00 p.m. , after completing her night shift work as a telephone customer service representative; WHEREAS, in 2016 the Housing Authority sought and received additional support from the Foundation for Roanoke Valley to expand the denture and eyeglass program to assist residents throughout the City, nearly doubling the people served by this program, and Ms. Rudd extended her commitment in support of this program; WHEREAS, Ms. Rudd volunteers as the program's Director of Outreach, administering the program alongside Duane Smith, President of Joint Resident Council, Inc., and together they have created innovative partnerships with local dentists to provide essential dental services within the Roanoke community; WHEREAS, in July 2016 this program received the National Association of Housing and Redevelopment Officials "Tenant and Client Merit Award" for addressing this critical need of housing residents in 2015; WHEREAS, when local assistance for program participants was unavailable, Ms. Rudd reached out to a fellow member of Joint Resident Council, Inc. to provide transportation services that allowed participants to receive these services in Charlottesville, Virginia; WHEREAS, Ms. Rudd continues to explore opportunities to expand this program for more of Roanoke's citizens; and WHEREAS, through her tireless commitment to her neighbors and community, Ms. Rudd continues to make a difference in her community and improve the quality of life for Roanoke's citizens. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: Council recognizes, commends, and applauds Jamice Rudd as the 2016 City of Roanoke Citizen of the Year for her many contributions and services to her neighbors and community to sustain, enhance, and improve the special quality of life in our City. 2. Council reiterates its commendations first made to Jamice Rudd by Mayor Sherman P. Lea, Sr. at the Harvesting for Fruits Dinner held on Friday, November 11, 2016, at the Jefferson Center, Roanoke, Virginia. 3. The City Clerk is directed to forward an attested copy of this Resolution to Jamice Rudd. ATTEST: 4L��lerk. j (4 C ECELIA I'. WEDD, CMC December 20, 2016 A,,B t.nt Depmy City Clerk Jonathan D. Puvak, Attorney Gentry Locke Rakes & Moore, LLP 10 Franklin Road, S. E. Roanoke, Virginia 24011 Dear Mr. Puvak: I am enclosing copy of Ordinance No. 40731 - 121916 rezoning certain property located at 745 Townside Road, S. W., from 1 -1, Light Industrial District, with conditions, to CG, Commercial - General District, subject to certain conditions proffered by the applicant, as set forth in the Zoning Amendment Amended Application No. 2 dated November 30, 2016 The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, December 19, 2016; and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon Reyn ds, M C City Clerk Enclosure c: Chris A. Benson, Puppyland, Ltd., 3112 Franklin Road, S. W., Roanoke, Virginia 24014 Robert C. and Barbara T. Keeley, 3750 Dogwood Ln S. W., Roanoke, Virginia 24015 Charles B. and Bridget O. Chamberlain, 3736 Dogwood Ln S. W., Roanoke, Virginia 24015 Gerald R. and Sharon A. Hawley, 3726 Dogwood Ln S. W., Roanoke, Virginia 24015 Marilyn J. Buschor, 3716 Dogwood Ln S. W., Roanoke, Virginia 24015 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 - Telephone: (540)8512541 F'nx: (540) 853 -1145 STEPHANIE M. MOON REYNOLDS, MMC vu.guv CECELIA F. MCCOY City Clerk DGmly City Clerk C ECELIA I'. WEDD, CMC December 20, 2016 A,,B t.nt Depmy City Clerk Jonathan D. Puvak, Attorney Gentry Locke Rakes & Moore, LLP 10 Franklin Road, S. E. Roanoke, Virginia 24011 Dear Mr. Puvak: I am enclosing copy of Ordinance No. 40731 - 121916 rezoning certain property located at 745 Townside Road, S. W., from 1 -1, Light Industrial District, with conditions, to CG, Commercial - General District, subject to certain conditions proffered by the applicant, as set forth in the Zoning Amendment Amended Application No. 2 dated November 30, 2016 The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, December 19, 2016; and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon Reyn ds, M C City Clerk Enclosure c: Chris A. Benson, Puppyland, Ltd., 3112 Franklin Road, S. W., Roanoke, Virginia 24014 Robert C. and Barbara T. Keeley, 3750 Dogwood Ln S. W., Roanoke, Virginia 24015 Charles B. and Bridget O. Chamberlain, 3736 Dogwood Ln S. W., Roanoke, Virginia 24015 Gerald R. and Sharon A. Hawley, 3726 Dogwood Ln S. W., Roanoke, Virginia 24015 Marilyn J. Buschor, 3716 Dogwood Ln S. W., Roanoke, Virginia 24015 Jonathan D. Puvak, Attorney Gentry Locke Rakes & Moore, LLP December 20, 2016 Page 2 The Robert H. Sandal Revocable Declaration, 3808 Park Ave S. W., Roanoke,. Virginia 24015 Paul Norris, 801 Harvard Place, Charlotte, North Carolina 28204 Ilene N. Peters, 3834 Park Lane, S. W., Roanoke, Virginia 24015 Therron Daniel Lex, 3862 Park Lane, S. W., Roanoke, Virginia 24015 Summertree Apartments LLC, P. O. Box 8021, Roanoke, Virginia 24014 Edgehill Estates Apartments, LLC, P. O. Box 8021, Roanoke, Virginia 24014 Mark S. Lucas, 2716 Avenham Ave S. W., Roanoke, Virginia 24014 Mar Mar Enterprises of Roanoke, P. O. Box 20269, Roanoke, Virginia 24018 Norfolk Southern Railroad, Three Commercial Place, Box 209, Norfolk, Virginia 23510 Barbara Duerk, President, Neighbors in South Roanoke, 2608 Rosalind Avenue, S. W., Roanoke, Virginia 24014 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Susan Lower, Director of Real Estate Valuation Philip Schirmer, City Engineer Ian Shaw, Agent, City Planning Commission Tina Carr, Secretary, City Planning Commission IN'I'I II: C0IINCI1 OP fill? ('I 'fY OI' ROANOI {l?, VIRGINIA 'ncE` 19Ha day of Ilea ember', 2016. No. 40731- 121916. AN ORDINANCE: to rezone certain property located at 745 Townside Road, S. W„ 00 In 1 -I, Light Industrial District, to CG, C'om inertial- General District, subject to certain conditions proffered by the applicant( and dispersing with the second reading of this orclinance by title. WHEREAS, Chris Benson, on behalf of Puppyland, Ltd., has made application to the Council of the City of Roanoke, Virginia ( "City Council "), to have the property located at 745 Townside Road, S.W., bearing Official Tax Map No. 5490307, rezoned from 1 -1, Light Industrial District, with conditions, to CG, Commercial- General District, subject to certain conditions; 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 December 19, 2016, 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 weIfarc and good zoning practice, ruluiIc the rezoning of the subiect property, and for those reasons, is of the opinion that the hereinafter described properly should be rezoned as herein provided. "11JERHORk, M; IT ORDAINED by the Council ofthe City of Roanoke that: Section 362 -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. 5490307 located at 745 Townside Road, S.W., be, and is hereby rezoned from 1 -1, Light Industrial District, with conditions, to CG, Commercial - General District, subject to certain conditions proffered by the applicant, as set froth in the Zoning Amendment Amended Application No. 2 dated November 30, 2016. 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.) G Meeting: December 19, 2016 Subject: Application by Puppyland, Ltd., to rezone the property from 1 -1, Light Industrial District, with conditions, to CG, Commercial - General District, with conditions, at 745 Townside Road, S.W., bearing Official Tax Map No. 5490307. Recommendation The Planning Commission held a public hearing on Monday, December 12, 2016. By a vote of 5 - 0, the Commission recommended approval of the rezoning request, finding that the Amended Application No. 2 is consistent with the City's Comprehensive Plan, Franklin Road /Colonial Avenue Neighborhood Plan, and Zoning Ordinance as the subject property, long vacant, will be used for an active purpose appropriate to the surrounding area. Application Information Request: Rezoning and Amendment of Proffered Conditions Owner: Mark S. Lucas Applicant: Chris A. Benson, Puppy Land, Ltd. Authorized Agent: Jonathan D. Puvak, Gentry Locke Attorneys City Staff Person: Katharine Gray, Land Use and Urban Design Planner Site Address /Location: 745 Townside Road, S.W. Official Tax Nos.: 5490307 Site Area: 3.998 acres Existing Zoning: 1 -1, Light Industrial District, with conditions Proposed Zoning: CG, Commercial - General District, with conditions Existing Land Use: Vacant Proposed Land Use: Mix of commercial uses including kennel, no outdoor runs or pens Neighborhood Plan: Franklin Road /Colonial Avenue Plan Specified Future Land Use: Light Industrial Filing Date: Original Application: September 26, 2016 Amended Application No. 1: November 22, 2016 Amended Application No. 2: November 30, 2016 Background The property has a long history of zoning for commercial and industrial uses. In 1978, 1.5 acres of the northern portion of the property was rezoned from RG -1, General Residential District, to C -2, Commercial District. A nightclub operated at the site until a fire in 1993. In 1994, 2.12 acres of the southern portion of the property was rezoned from RM -2, Residential Multi- family, Medium Density District, to C -2, General Commercial District, subject to conditions to allow a mini - storage warehouse facility, subject to a special exception. The special exception was never pursued. In 2004 the property was rezoned to LM, Light Manufacturing District, with conditions to permit a warehouse storage facility by right. In 2005, the property was rezoned from LM, Light Manufacturing District, to C -2, General Commercial District, with conditions to permit a physical therapy and exercise facility and general office. However, none of these subsequent projects proceeded. In 2005 Comprehensive Rezoning, the base zoning district changed from C -2, General Commercial District, to 1 -1, Light Industrial District. The proffered conditions remained. In September of 2016, the applicant's authorized agent met with staff to discuss the possibility of amending the zoning and conditions on the property to permit a larger variety of uses. The applicant subsequently filed an application to rezone the property to CG District and amend the conditions for the property at 745 Townside Road, S.W., bearing Official Tax Nos. 5490307. The proposed use is a mixed -use building with a kennel. In November of 2016, the applicant filed amended applications clarifying and amending the list of uses permitted, further restricting signage, and removing the restriction on materials for new structures. Proffered Conditions The conditions proposed for amendment on the 3.998 acre parcel (being Official Tax No. 5490307), propose to change the uses allowed on the property to the following: business service establishment, not otherwise listed; financial institution; laboratory, dental, medical, or optical; laboratory, testing and research; medical clinic; office, general and professional; animal hospital or veterinary clinic, no outdoor pens or runs; drive - through facility; kennel, no outdoor pens or runs; mixed -use building; bakery, confectionary, or similar food production, retail; contractor or tradesman's shop, general or special trade; personal service establishment, not otherwise listed in this table; pet grooming; retail sales establishment, not otherwise listed (as an accessory use only); workshop; eating establishment; health and fitness center; day care center, adult; day care center, child; and accessory uses, not otherwise listed in this table as permitted uses. The amendments to the proffers also propose to remove the requirement that development will be in accordance to a specific site plan; add a restriction against signage painted on the rear of the building visible from the adjacent expressway; delete the outdoor lighting submittal requirement during comprehensive development review; remove the tree planting requirement within the parking lot; remove the requirement regarding materials for construction of a new structure; and add a new restriction to the outdoor boarding of animals. Considerations The property is a large industrially zoned parcel with many conditions surrounded by the expressway, residential properties, and a commercial property. Although particular commercial and industrial uses have been allowed on the property, the site has remained vacant for many years. The proposed uses are low intensity commercial uses within the CG District and are appropriate for the surrounding high- density residential area. Surrounding Zoning and Land Use: Compliance with the Zoning Ordinance: The purpose of the CG District is to permit motor vehicle dependent uses that are generally developed as single use developments on individual lots, subject to landscaping, access, and signage standards. Such development is generally characterized by individual curb cuts, access drives, and signage. It is intended that this district be applied primarily along heavily traveled arterial streets, with an emphasis on clustering such development at major intersections. While recognizing the motor vehicle traffic generated by the uses permitted in this district, it is the intent of the regulations of the district to encourage and recognize pedestrian access and public transit forms of transportation by locating parking to the side and rear of buildings and minimizing conflict Zoning District Land Use North Expressway with R -12, Residential Expressway with detached single Single Family District beyond family dwellings beyond South RMF, Residential Multifamily Dwelling, multifamily District East CLS, Commercial Large Site Small shopping center and District and RMF, Residential Dwelling, multifamily Multifamily District West Expressway and RMF, Residential Expressway and Dwelling, Multifamily District multifamily Compliance with the Zoning Ordinance: The purpose of the CG District is to permit motor vehicle dependent uses that are generally developed as single use developments on individual lots, subject to landscaping, access, and signage standards. Such development is generally characterized by individual curb cuts, access drives, and signage. It is intended that this district be applied primarily along heavily traveled arterial streets, with an emphasis on clustering such development at major intersections. While recognizing the motor vehicle traffic generated by the uses permitted in this district, it is the intent of the regulations of the district to encourage and recognize pedestrian access and public transit forms of transportation by locating parking to the side and rear of buildings and minimizing conflict through landscaping and signage standards. The uses permitted in this district generally require a high volume of traffic along the frontage of the establishment and include horizontally oriented buildings. Such permitted uses include general retail establishments, offices, service establishments, motor vehicle related sales and service, eating establishments, and entertainment uses. The CG District is also intended to accommodate travel- oriented uses such as hotels, motels, and gasoline stations. The future development of the property is subject to dimensional and development standards of the ordinance and subject to the additional proffers restricting land use and development. Conformity with the Comprehensive Plan and Neighborhood Plan: Both Vision 2001 -2020 and the Franklin Road /Colonial Avenue Plan identify the need for redevelopment of existing properties within existing commercial and industrial zoning districts. The rezoning and amendment of existing proffered conditions will allow the use of the property in a manner appropriate to the surrounding area. Relevant policies and action items in the comprehensive plan include: ED P5. Underutilized and vacant industrial sites will be evaluated and redevelopment encouraged. ED P6. Commercial development. Roanoke will encourage commercial development in appropriate areas (i.e., key intersections and centers) of Roanoke to serve the needs of citizens and visitors. ED A26. Identify underutilized commercial sites and promote revitalization. The Franklin Road /Colonial Avenue Plan recognizes the need for the redevelopment of commercial and industrial sites within the Franklin Road Corridor. The property is part of an area of commercial and high density residential uses between Franklin Road and the Expressway. The industrially zoned property has been vacant for decades. Relevant policies and action items in the neighborhood plan include: Community Design: Neighborhood Character: Established neighborhoods should retain their current character and development patterns. Zoning: Commercial and residential zoning districts should be clearly delineated with the intensity of uses minimized in some areas. designations for more intensive commercial and industrial uses, but has unfortunately been vacant for decades. The proposed low intensity commercial uses for this property and the design standards within the CG District will provide appropriate uses and forms in this mixed commercial and high density residential area between Franklin Road and the U.S Route 220 Expressway. Planning Commission Public Hearing (December 12 2016): None kohmttNA�Z Kermit Hale, Chair City Planning Commission cc: Chris Morrill, City Manager R. Brian Townsend, Assistant City Manager Chris Chittum, Director of Planning Building & Development Ian D. Shaw, Planning Commission Agent Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Mark S. Lucas, Owner Chris A. Benson, Puppy Land, Ltd. Jonathan D. Puvak, Gentry Locke Attorneys Economic Development: Franklin Road: Maintain commercial zoning that will retain existing businesses and attract new establishments. Industrial Districts: Evaluate underused industrially zoned land and demarcate or rezone to maximize its potential. Quality of Life: Commercial /Industrial Development: Commercial and industrial development should be economically viable without threatening the environment and high quality of life of the area. Public Comment Summary There have been general inquiries regarding the project, but no comments. Planning Commission Work Session (October 7 201 6) The following items were discussed in the Planning Commission Work Session for compliance with City policy and ordinances. The applicant's concept plan shows an outdoor play yard. As outdoor pens or runs are not permitted as part of a kennel in the CG district, the use and layout of this play area will be subject to further review and determination by the Zoning Administrator. There is some precedence for small exercise areas not being considered pens or runs under specific circumstances. It was recommended that the application be continued to allow City Council to consider amendments to the zoning ordinance that could allow a broader list of uses for the parcel (specifically a kennel with outdoor pens and runs subject to a special exception), if approved. The Applicant subsequently filed Amended Application No.l and Amended Application No. 2 clarifying and amending the list of uses permitted, further restricting signage, and removing the restriction on materials for new structures. The applicant wishes to move forward now for business purposes rather than waiting on potential zoning amendments that could allow for outdoor pens and runs. Conclusions and Recommendations Vision 2001 -2020 and the Franklin Road /Colonial Avenue Plan encourage the redevelopment of existing commercial and industrial zoned properties to maximize their potential in a manner respectful of the surrounding area. The property has a long history of commercial and industrial zoning district GENTRY LOCKE Attomeys November 30, 2016 VIA E -MAIL AND HAND - DELIVERY Katharine Gray, Architect, Leed AP Land Use & Urban Design Planner Planning Building & Development City of Roanoke 215 Church Avenue SW, Room 166 Roanoke, Virginia 24011 Re: Proposed Zoning Amendment Application 745 Townside Road, SW Roanoke, Virginia 24014 Parcel ID: 5490307 Dear Ms. Gray: J"notkan D. Puvak puval(r7.grnlryl"ck ¢ c"m P (540)983 -9399 F: (540) 983 -9400 RECEIVED DEC 01 20111 CITY OF nOANONE PLANNING BUILDING 8 DEVELOPMENT On behalf of Puppy Land Ltd. (the "Applicant ") plense accept this letter as a statement of justification in support of the above referenced zoning amendment application amendment number two. The Subject Property is currently zoned to the Light Industrial ( "I -I') district with conditions approved by City Council in 2005- The Applicant's principal is the contract purchaser of the Subject Property, which consists of approximately four (4) acres. The Subject Property proposes a rezoning to the CG zoning district with conditions to allow the Applicant to establish a mixed -use building for animal boarding and related uses. The existing conditions do no permit the Applicant's proposed uses. The Applicant currently operates the Taj Mapaw located at 3110 -3112 Franklin Road SW. The existing location has been operating since 1975 and providing animal grooming and boarding services. The business has continued to grow since its inception and 745 Townside Road will serve as a second location for the business. The mixed -use building at 745 Townside Road will be improved with modern finishes and technology and will include the following animal related uses: Boarding kennel facility for dogs and cats with state -of -the -art cameras in each suite; Full service grooming for all dog breeds: Self- service dog wash: providing tubs, towels and a large variety of shampoos and professional assistance at difTerent levels of pricing; 10!noMi0 RDA St. Smlc 900 RDnYAy VA 24011 - PO Boa 40013 RmM'W, VA 24@2-0013 23100;17813529,1 IWI 1'ar: 866.983.98M 01 GENTRY LOCKE Ms. Katharine Gray November 30, 2016 Page 2 Animal daycare facility for small, medium and large dogs; Retail dog boutique: offering specialty animal items that are not available at local pet stores; Bakery: preparing and providing healthy foods for on -site purchase for the pet and pet owner; McPaw cafe: which will offer varieties of coffee and beverages for the pet owner and the pet for on -site purchase; Animal clinic space for a local veterinarian; Dog training; Agility course for classes, training and competition; and Facilities for social events and private parties for clients and customers. The Applicant will use the existing building on the Subject Property and all animals will be boarded inside the building. The Applicant intends to also have one small, outdoor play yard to be covered with an awning and located immediately behind the existing building. The hours of operation will be as follows: Monday, Wednesday and Friday, 7 a.m. to 7 p.m., Tuesday and Thursday, 7:30 a.m. to 6 p.m., Saturday, 8:30 a.m. to 5:30 p.m., and Sunday, 9 a.m. to 10 a.m. and 6:15 p.m. to 7:15 p.m. Parking will be provided on -site. A traffic impact analysis is not required, because the proposed rezoning does not generate sufficient vehicle trips to meet the Virginia Department of Transportation requirements to justify the need for this analysis. The proposed application satisfies the purposes of the City of Roanoke Zoning Ordinance and the purposes of the CG District as the use will create no adverse impacts on public resources or the transportation network and the rezoning will permit a long standing business to better serve the residents of the City of Roanoke. The proposed application is also consistent with the other retail and commercial uses in the vicinity. The Applicant proposes to amend the existing conditions to permit its desired uses, but has proposed a number of conditions that are similar to the previously approved conditions. The Applicant's proffered conditions are enclosed. In accordance with the policy of the City of Roanoke, we have enclosed the following: application form and checklist, this justification letter, survey of the Subject Property as a concept plan, written proffered conditions and a copy of previously approved zoning ordinance. Under separate cover, the Applicant has submitted the contract for purchase of the property and other required ownership documents. 2310011/7813528,1 ( GENTRY LOCKE Ms. Katharine Gray November 30, 2016 Page 3 Thank you in advance for your consideration and please do not hesitate to contact me to further discuss any of the application materials. We thank you for your assistance prior to filing the application and look forward to continuing to work with you and other representatives of the City of Roanoke regarding this application. Regards, GENTRY LOCKE Jo athan D. Puvak Enclosures cc: Chris Denson 23100/i/9813528vI Oapemnerd of Plannug. Bulidllg and agredW Nat ROA NOKE Room 166, Noel C. Tap Municipal Bugding ❑ Wahoul Conditions 215 Church Avenue, S.W. - -- Rwnake. Virginia 24011 Gkls Has b PNd Phone', (540)55&1730 Fes. (540) 853.123D p . ��'kennNreWted Dero'. Noveother 30, 2016 1 �. _. _ �LAmended _.. ._._QWIdIWI Submmd Number I Aoollca[fon Nn_ 2 uses; mired use yNyin9 Lard Uae'l J 4vlzrl.T- _ _, ❑ Re2onhg, Not Ohonabe Listed !] Amendment of Proffered Condalmss Qr Rezoning, Contl l] Amendment of Planned Lot Development Plan !] Remnhg to Planned Unit oevelopmem Amendment of Canpehenshe Stan OvMay Ohinct ❑ ENabkonear l of Comprehensive Sqn Overjoy Dj" AddreSa: 745 Tovms[de Road. SW Official Tex WIG)- `5990301 -- - — — Existing Base 2onhg: r _. __. _.__.� CI VMh Corul (dmupph Zdle9, plwee nlapUabY &Ilaf all dl5hds.) ❑ Wahoul Conditions Ordinance No(s). for Existing Conditions (it applltelasaj X37023 - -- ReOUesled Zoning: G 1'" -- 1 Wllh Conditions p . ��'kennNreWted _.. ._._QWIdIWI Candilbns uses; mired use yNyin9 Lard Uae'l J 4vlzrl.T- _ Name: Phone Number .t (i4o1 s2a3040 Address, 76 AVenh Z7l am Avenue, ,Roanoke. VA 24014 — - -__ E -Mal LklucasQluueherapler.mm Property OwitMa SgroUe LB }I "A sawee �i Nana [' [ (Puppy Land, Ltd. do Chris A. Benson_ Number. ♦t (540)34]J557 _]Phone J Adtlraaeyyyyya 12 n ROxdt n3itaVA 34014 — r _ -M aok "—"--1 &I. (caawutgrbctare7eoltan Appall SlpwWre: i y Name. ono athan D.Puvak/Gentry Locke Attorneys �j Phone NWiMa +1(540)983 -9399 10 FanXlin Road, 5E, Rwnoke, VA 24011— E-Mad p..ass9entrylocke.tnm Auth Agents Sgwture: RECEIVED DEC 01 2016 CITY OF ROANORE PLANNING BUILDING 8 DEVELOPMENT SPECIAL POWER OF ATTORNEY Property Description (Tax Map Number, Street Address or Common Description, Borough): 745 Townside Road SW Roanoke, Virginia Tax Map # 5490307 We, Puppy Land, Ltd., are: X the applicant for the above - referenced application the owner(s) of the property described above We do hereby make, constitute, and appoint Jonathan D. Puvak, authorized agent of Gentry Locke Rakes & Moore, our true and lawful attorney -in -fact, and grant unto our attomey -in -fact Full power and authority to make any and all applications and execute any related documents required in connection with all zoning and/or permitting matters related to a zoning amendment application, on the above described property (the 'Property"), and to perform all acts and make all agreements as such person shall deem necessary or appropriate in regard to said zoning and/or permitting matters, including but not limited to the following authority: the authority to negotiate with localities; to sign and submit proffers that would constitute binding conditions on the Property; to agree to conditions and bind the Property with conditions, whether through proffers or other agreements; to sign and submit applications, agreements and/or other documents in connection with rezoning, conditional rezoning, special use permits, conditional use permits, special exceptions, zoning variances, building permits and/or any other permits related to a zoning amendment application, on the Property; and to modify or amend any documents in whole or in part relating to such applications, agreements and related documents. We ratify all actions taken to date in connection with the zoning and /or permitting of the Property related to a zoning amendment application, on the Property. The rights, powers, and authority of said attomey -in -fact herein granted shall commence and be in full force and effect on the 26t° day of September, in the year 2016, and shall remain in full force and effect thereafter until actual notice, by certified mail, return receipt requested is received by the Department of Planning, Building and Development of the City of Roanoke, Virginia, or by another written document, staling that the terms of this power have been revoked or modified. Appl� icant Print Name 10911 /70/I72137 1 Commonwealth of Virginia([ '.ounty of RO ?AAkg , to -wit: Subscribed and sworn to before me this day of 1C� //' , in my City and State aforesaid, by ��� Notary Public. My Commission Expires: ,t 30t .2010 =oT Aqt 10911/]0/]]213)9x1 ,yyyp'�Pl61M1W "RM'3 HWE '�MhW 9M'({[bY9 TY M53IMNV x�13>aIYN7• ua- rumw:mau 0 .1 E F �g h lit m. aY a sal m i ®BSo YOO�v�p yt 4 m o Y ' m, F 3 �d t a 1 m•A �� t 9a tP9 6I a b hit � y � 41 I E @tlatatp Rezoning of property totaling 3.998 acres, more or less, identified as 5490307 from I -/ (Light Industrial) District to CG (Commercial- General) District. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: Chris Benson is the contract purchaser of a parcel of property containing 3.998 acres, more or less, which is identified as Tax Map No. 5490307 and situate at 745 Townside Road SW, Puppy Land Ltd. is the applicant of a request for rezoning of the parcel of property containing 3.998 acres from 1 -1 (Light Industrial) District with conditions to the CG (Commercial - General) District with conditions for the purpose of locating a boarding kennel and related uses thereon. 'the contract purchaser and applicant hereby request that the following proffered conditions enacted by Ordinance No. 37023 be amended or repealed, as noted below, as they pertain to Official Tax No. 5490307: That iThe property shall will be used only solely for the following uses: Business service establishment, not otherwise listed; Financial institution; Laboratory, dental, medical, or optical; Laboratory, testing and research; Medical clinic; Office, general and professional; Animal hospital or veterinary clinic, no outdoor pens or runs; Kennel, no outdoor pens or runs; Mixed -use building; 23100/1/7724571,4 Bakery, confectionary, or similarfoodproduction, retail; Contractor or tradesman's shop, general or special trade; Personal. service establishment, not otherwise listed in the use table; Pet grooming, Retail sales establishment, not otherwise listed (as an accessory use only), Workshop; Eating establishment; , Health and fitness center, Day care center, adult; Day care center, child, and Accessory uses, not otherwise listed in the use table as permitted uses. 2. Fhat the pfepeFty will be developed aeeeEding to the site plan prepared by 2000 revised P4ar h ] 2005 to add the 3. That no sign, including one painted on the side or rear of the building, shall be visible from the adjacent expressway (Route 220 1Interstate 581). 4. The following proffers shall relate to lighting: (A) Any outdoor light fixture shall be a full cutoff fixture or a decorative fixture with full cutoff optics. A "full cutoff fixture" shall mean an outdoor light fixture shielded in such a manner that all light emitted by the fixture, either directly from the lamp or indirectly from the fixture, is projected below the horizontal plane. A "decorative fixture with full 23100,[/7'12,457 1 v4 cutoff optics" shall mean an outdoor light fixture with manufacturer- provided or manufacturer - installed full cutoff optics. (B) The spillover of lighting from any parking area on the subject property onto public rights -of -way or abutting property in residentially zoned districts shall not exceed one -half (0.5) foot candle at the property line. (C) Any outdoor lighting in parking areas shall not exceed twelve (12) feet in height. The maximun7 height shall apply to the height of the poles or other standards to which the fixtures are attached or the top most point of the fixture itself, whichever is higher. (D) Otudeer lighting ififeirtuation for the subject sueh R!!NlA1R1�!1!I 2310011/9]245]1,4 showing the angle Bf OR+ off of ligh The contract purchase and applicant hereby request that the following proffered condition be adopted as it pertains to Official Tax No. 5490307: There shall be no outdoor boarding of animals. WHEREFORE, the applicant and contract purchaser request that the above - described property be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke subject to the aforesaid conditions. 23100/I/7724571 v4 IN THE COUNCII. OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of April, 2005- Po. 37023 - 041805. AN ORDINANCE to amend §§36.1 -3 and 36.1.4, Code of the City of Roanoke (1979), ss amended, and Sheet No. 549, Sectional 1976 Zone Map, CityofRoanokc, in order to rezone certain property within the City, subject to certain conditions proffered bythe applicant; and dispensing with the second reading bytitle of this ordinance. WHEREAS, Mark S. Lucas and Lucas Physical Therapy, Inc., filed an application to the Council of the City of Roanoke to rezone a tract of land located at 739 Townside Road, S.W., being designated as Official Tax No. 5490307, which property was previously conditionally rezoned bythe adoption of ordinance No. 36624-021704, adopted February 17, 2004; WHEREAS, Mark S. Lucas and Lucas Physical Therapy, Inc., seeks to have the subject property zoned C -2, General Commercial District, with proffers; WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1 -693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on April 18, 2005, after due and timely notice thereof as required by §36.1 -693, Code of the City of Roanoke. (1979), as amended, at which hearing all parties in interest and citizens were given an oppormm V to be heard, both for and against the proposed amendment; and WHTREA5, this Council, after considering the aforesaid application, the recommendation made *.o the Cv cil by the Planning Commissim, the City's Comprehensive Plan, and the matters pzesent . at the public hearing, is c`ti`e opir'om tta'. 4" property located at 739 Townside Road, Ogtcial Tax No 5490307, abonld be rezoned from LM, Light _ �ict,subjecttopro�- S.W., being designated octal Manufactm'ing� at, s'rbl IT O tDAINE ob the � of the City of Roanoke that' BE TT ORD y ded, and SbeetNo.549 1. Section 36.1 -3, Code of the City of Roanoke (1979), as amen of the Sectional 1976 Zone Map' City of Roanoke, be mnended in the following parttculm roamer end no other. S.W. and designated on Sheet No. 549 of That tact of land located at 739 Townsidc Road, the Sectional 1976 Zone Map, City of Roanoke, as Official Trot No. 5490307, be, and is hereby rezoned from LM, light Manufacturing fhstrict, subject to certain Proffers, to C -2, General ed in the Second Amended Petition filed in the Commercial District, subject to the Proffers contain Office of the City Clark on March 25, 2005, and that Sheet No. 549 of the 1976 Zone Map bar changed in this respect_ d reading oftbis 2, _ pursuant to the provisions of Section 12 oftlte City Charter, the second ordinance by title is hereby dispensed with. ATTEST: I0-� AJ-� City Clerk. rczxvwsec- ,�incwss�:as rscv+w�m:�x n Ha T, �, ,tt, HEtXHER, YOSi, AEU 6 FExuson. W_C Altald�E'3 -Ai1Aq MiAXOPE. 'Bi�iM1A Li0i4CW3 SECOND AMENDED PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE VIRGINIA IN RE: Rezoning of property totaling 3.998 acres, more or less, Identified as 5490307 anc further identified as 739 Townside Road SW, from LM Conditional (Light Manufacturing District) to C -2 (General Commercial District). TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioners, MARK S. LUCAS and LUCAS PHYSICAL THERAPY INC. are the contract purchasers of a parcel of property containing 3.998 acres, more or less, which is identified as Tax Map No. 5490307 and situate at 739 Townside Road SW; said tract being currently zoned LM Conditional (Light Manufacturing District). A location map of the property to be rezoned is attached hereto as Exhibit 1. A legal metes and bounds description of the property is attached hereto as Exhibit 2. A concept plan is attached hereto as Exhibit 3. Pursuant to Section 36.1 -690, Code of the City of Roanoke (1979), as amended, the Petitioners request that property containing 3.998 acres, more or less, which is identified as Tax Map No. 5490307, be rezoned from LM Conditional (Light Manufacturing District) to G2 (General Commercial District), for the purpose of locating a medical office or medical clinic, general and professional offices, including financial institutions, personal service establishments and business service establishments thereon. The Petitioners believe the rezoning of said tract of Land will further the intent and purposes of the City's Zoning Ordinance and its Comprehensive Plan, in that it will enable a parcel of land located at 739 Townside Road to be used for commercial purposes (general and professional offices, including financial institutions, medical clinics, medical tlJOLL"V' /S'vSc S1::Sauryartlne�Z'JlfW GLgs AA!^ PST TO ,REZONE 2_Q c hiam. 22, 2L15 Page of .rem�HE PN�,lYN- .T, HeiscNex. Ycs:, VE16 FEPoV:AIN. PLC �r*mvcn -niLw fAAYCNE VNipNU :>„acoNo offices, personal service establishments and business service establishments) as othei properties in the area are so utilized.. Attached as Exhlo t 4 are the names, addresses and tax numbers of the owner: of all lots or property immediately adjacent to and immediately across a street or road from the property to be rezoned. The Petitioners request that the conditions existing on the subject property as adopted by Ordinance No. 36624-021704 and as set forth below be REPEALED: 1. The property shall be used only for mini warehouses, not to exceed a total of 48,000 s.f. 2. That no sign, including one painted on the side of a building, shall be visible from the adjacent expressway (220[581). 3. No outdoor storage shall be permitted on the property. 4. The bu0d'ings shall be earth tone in color. Earth tone shall be defined as any of various rich, warm colors with tones of brown; i.e., tan, taupe, wheat, beige, Navajo white, winter white, cream, ecru, almond and khaki. The Petitioners voluntarily SUBMIT the following proffers to be included as a part of the rezoning request" 1. That the property will be used solely as a medical office or medical dint, general and professional offices, including financial institutions, personal service establishments and business service establishments. 2. That the property will be developed according to the site plan prepared by Lumsden Associates, P.C. under date of January 31, 2005, revised March 3, 2005, to add the Tree Retention Area (attached hereto as Exhibit 3) subject to such changes as may be required by the City Staff during the comprehensive development plan review process. tL' CUYSYS .U5ERS%CBaungaMnWZDFII.NGL. AM C PET TC REZCTfE 2 -d Math M wm Pne 2 of 5 Hc3G1eA, YcT, rcu 6 rcTGU , PLC APOFNETS.AiL\N aVA: uRE. 'NaNN zwisoo+s 3. That no sign, including one painted on the side of a building, shall be visible I from the adjacent expressway. 4. The fdbwir g proffers shall relate to lighting: (A) Any outdoor light fixture shall be a full cutoff fixture or a decorative fixture with full cutoff optics. A -full cutoff fixture- shall mean an outdoor light fixture shielded in such a manner that all light emitted by the fixture, either directly from the lamp or indirectly from the fixture, is projected below the horizontal plane. A'decorative fixture with full cutoff optics' shall mean an outdoor light fixture with manufacturer- provided or manufacturer-Installed full artoff optics. (B) The spillover of lighting from any parking area on the subject property onto public rights -of -way or abutting property in residentially zoned districts shall not exceed one -half (0.5) foot candle at the property fine. (C) Any outdoor lighting in parking areas shall not exceed twelve (t 2) feet in height. The maximum height shag apply to the height of the poles or other standards to which the fixtures are attached or the top most point of the fixture itself, whichever is higher. (D) Outdoor lighting Information for the subject property shall be submitted during comprehensive development review. Such information shag include the following: 0) Location of all outdoor lighting fixtures, including the menufacturers specifications, of the area to be righted lVd1YV'YS{USERSZ8aumg2r rMZC*11NG1Lu= AMID ?ET TO REZONE 2.d= M ,ch 22, 200 Page 3 & 5 w�wm, Fkntwww. �. HpSCxGe, Yos, ui. 6 r5 avxe+znr ATU R� lrt��w .OPoVO4. NRpMf i 14CCa9 with such fodures; (ii) Plans indicating ft location on the property, and the type, of illuminating devices, fodures, lamps supports, reflectors and other devices; (iii) Description of the iffurrdnating devices, fatures, lamps, supports, reflectors and other devices; (iv) Photometric data, such as that fumished by the manufacturers, showing the angle of cut off of light emissions; and (v) Other information as may be-deemed necessary by the Zoning Administrator to determine compliance with the lighting proffers. 5. Petitioners shall plant a minimum of fifteen (15) 2" caliper deciduous trees !I within the interior of the parking lot and maintain the same. 6. The primary exterior fagade of the new structures shall not be constructed of cinder blocks or metal siding. WHEREFORE, the Petitioners request that the above-described property be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this Z3 day of Mih«f/ , 2009. Applicants: MARK LUCAS I \ UOLLYISYSUScP .S`C9ar_TgarJne2ZDNlNG4ucas POND PET TO REZONE 2. c Page 4 of 5 A rch 22. 2005 Nan. Hefcvn, TOn. iKw[u 6 F[PGxCx, ?�2 Ai!CiM'gFF1,C! G6VSA[. x'gIµ E�HHdAV9 LUCAS PHYSICAL THERAPY, INC. BY Mark Lucas,71resident Owne: EDGEHILL EST' TES APTS LLC BY Gabe. utler, Member Edward A_ Nate, Esq. OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, P.L.C. P. O. Box 20487 Roanoke, VA 24018-0049 Phone: (540) 725 -8180 Fax: (540) 774-0981 VSB #1104 �JOIL'( 45 YS WS- eRaC4awrgartlneT20Ni,YG+1v¢,s A.�,O PET '0 RQCYE 2.dw PP" Satt Nar': 22 2x15 ZONING DISTRICT MAP 1390405 ) 9 709 0't,28 1390618 0 1390404 6106 )390 ••. t , i D 1390619 1380 745 Townside Road SW 1390403 105 )a60 s Official Tax Parcels: 5490307 3 3Q 1390620 = 26, Area to be Rezoned 1390319 a 3 O ��0_ ° 1,390-''! v o O "0, O G.p a Zoning "o° T O AD- Airport Dev 13 Cc: Cnmmamlal- General 390> 2 = 902n3 ^ 9sJ.� 00 _ CLS'. Commercial -Large Site v °O 22 CN: Commercial- Neighborhood , °� 1400144 ) 7,390 0 0y _ D: Downtown 9020 ) �1 -1- Light Industrial 110014. — 1 -2: Heavy Industrial _60 il��. -� • I .- IN 1NPUD`onel 3 institutional Planned Unit Dev 14p0)q) )4pJ210 �. A• TOS'y� - IPUD Industrial Planned Unit Dev 1400J,_ .��� SA90. W gtip�2:. Q O '2 MX: Mixed Use Q r406.. c c LTA 6 s� )2 4`96 ���® O MXPUD: Mixed Use Planned Unit Dev .30 40n� R12: Res Single-Family R -3. Res Single Family 1"• ^4"� ,��'".!O` ^ - -)� R- 5_ Res S glmFamilY Y., us $Y a-: ri. L gT R -7'. Res single Family yfu fq4te E9 _ - ,1'- RA'. Res Agricultural I F- oil RM -1' Res Mixed Density Rna2 Rea Mixed Denauv t' �` -� " AY raE`� £C7AN • • �- - RMF R Mul[familY r �' x "y„ O�� t w " -,-^ .� vm.,a ,.�..•. ..r.,, __.____. ... ,... �..,_o .. 1. }+ a ' s'ix:�_ h "�•+' .,£ � _ ve.Y � l List of Adjoining Property I TAXID MailAddress MailCity MailState MailZip LocalAddress 1390201 3750 DOGWOOD LN SW ROANOKE VA 24015 3750 DOGWOOD LN SW 1390202 3736 DOGWOOD LN SW ROANOKE VA 24015 3736 DOGWOOD LN SW 1390203 3726 DOGWOOD LN SW ROANOKE VA 24015 3726 DOGWOOD LN SW 1390204 3716 DOGWOOD LN SW ROANOKE VA 24015 3716 DOGWOOD LN SW 1400208 3808 PARK AVE SW ROANOKE VA 24015 3808 PARK LN SW 1400209 801 HARVARD PL CHARLOTTE NC 28204 3818 PARK LN SW 1400210 3834 PARK LN SW ROANOKE VA 24015 0 PARK LN SW 1400211 3834 PARK LN SW ROANOKE VA 24015 3834 PARK LN SW 1400212 3834 PARK LN SW ROANOKE VA 24015 0 PARK LN SW 1400217 3862 PARK LN SW ROANOKE VA 24015 0 PARK LN SW 5490208 PO BOX 8021 ROANOKE VA 24014 3787 SOUTHWAY DR SW 5490208 PO BOX 8021 ROANOKE VA 24014 3787 SOUTHWAY DR SW 5490208 PO BOX 8021 ROANOKE VA 24014 3787 SOUTHWAY DR SW 5490208 PO BOX 8021 ROANOKE VA 24014 3787 SOUTHWAY DR SW 5490208 PO BOX 8021 ROANOKE VA 24014 3787 SOUTHWAY DR SW 5490208 PO BOX 8021 ROANOKE VA 24014 3787 SOUTHWAY DR SW 5490208 PO BOX 8021 ROANOKE VA 24014 3787 SOUTHWAY DR SW 5490208 PO BOX 8021 ROANOKE VA 24014 3787 SOUTHWAY DR SW 5490208 PO BOX 8021 ROANOKE VA 24014 3787 SOUTHWAY DR SW 5490208 PO BOX 8021 ROANOKE VA 24014 3787 SOUTHWAY DR SW 5490302 PO BOX 8021 ROANOKE VA 24014 711 TOWNSIDE RD SW 5490302 PO BOX 8021 ROANOKE VA 24014 711 TOWNSIDE RD SW 5490305 PO BOX 8021 ROANOKE VA 24014 726 TOWNSIDE RD SW 5490306 PO BOX 8021 ROANOKE VA 24014 0 TOWNSIDE RD SW 5490307 2716 AVENHAM AVE SW ROANOKE VA 24014 745 TOWNSIDE RD SW 5500116 PO BOX 20269 ROANOKE VA 24018 3535 FRANKLIN RD SW 9999999 THREE COMMERCIAL PL BOX 209 NORFOLK VA 23510 9999999 THREE COMMERCIAL PL BOX 209 NORFOLK VA 23510 Owners for 745 Townside Road, S.W LocalCity LocalZip Ownerl ROANOKE 24015 KEELEYROBERTC &BARBARAT ROANOKE 24015 CHAMBERLAIN CHARLES B & BRIDGET O ROANOKE 24015 HAWLEY GERALD R & SHARON A ROANOKE 24015 BUSCHOR STEVEN C & MARILYNJ ROANOKE 24015 THE ROBERT H SANDEL REVOCABLE DECLAR ROANOKE 24015 NORRIS PAUL ROANOKE PETERS ILENEN ROANOKE 24015 PETERS ILENE N ROANOKE PETERS ILENEN ROANOKE LEX THERRON DANIEL ROANOKE 24014 SUMMERTREE APARTMENTS LLC ROANOKE 24014 SUMMERTREE APARTMENTS LLC ROANOKE 24014 SUMMERTREE APARTMENTS LLC ROANOKE 24014 SUMMERTREE APARTMENTS LLC ROANOKE 24014 SUMMERTREE APARTMENTS LLC ROANOKE 24014 SUMMERTREE APARTMENTS LLC ROANOKE 24014 SUMMERTREE APARTMENTS LLC ROANOKE 24014 SUMMERTREE APARTMENTS LLC ROANOKE 24014 SUMMERTREE APARTMENTS LLC ROANOKE 24014 SUMMERTREE APARTMENTS LLC ROANOKE 24014 EDGEHILL ESTATES APTS LLC ROANOKE 24014 EDGEHILL ESTATES APTS LLC ROANOKE 24014 EDGEHILL ESTATES APTS LLC ROANOKE EDGEHILL ESTATES APTS LLC ROANOKE 24014 LUCAS MARK S ROANOKE 24014 MER MAR ENTERPRISES OF ROANOKE NORFOLK SOUTHERN RAILROAD NORFOLK SOUTHERN RAILROAD RECEIVED DEC 12 2016 CITY OF HUANOKL PLANNING BUILDING y DEVELOPMENT CITY OF ROANOKE , PDV Ann End M. Carr 215 CHURCH AVE ROOM 166 ROANOKE. VA24011 The Roanoke Times Roanoke, Virginia Affidavit of Publication Account Number 6011439 Date December 06, 2016 Date Category Description Ad Sim Total COST 1211212016 Propos -Sid Bids -REP PUBLIC HEARING NOTICE Al public hearings advertised hei 1x1491 141176 Publisher of the Roanoke Times I, (the undersigned( an authorized representative of the Roanoke Times, a daily newspaper published in Roanoke, In the State of Virginia, do certify that the annexed notice PUBLIC HEARING NOTICE A was published in said newspapers on the following dates: 11129 12106)2016 The First insertion being given... 1112912016 Newspaper reference: 0000437353 //t `. Billing Repre§eatative C Sworn to and subscribed before me this Tuesday, December 5, 2016 T Notary Publi State of Virginia `s City/County Roanoke My y Commission expires = THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU PUBLIC HEARING NOTICE All public hearings advenisee herein will be held in the City Council Chamber, fourth Hoar. Room 19, Neal C. Taylor Munhapal Binding. 215 Church Avenue. S.W.. Roanoke, viMinia. All applications are available far review in the Manning. Building and Development office, Room 166 215 Church A.A.A. S.W., Roanoke. virginla. The City of Forul planning Commission will laid NIA hAmm v an December 12.2016 at 1:]0 p.m., or as some as me matters may he beam, to coroner These applications: Application by Wppyland Ltd, to reIDne the oronerty form bl. LioM rat Be e ssnry same. not WhcrMSe 115tH In Mrs table as Owhimed use The amendments to the proffers Mm propose to am., The requirement thatdeftbpmentwillbem ... ol e to .site also for the Moprty revi,..0 dazed March 1, 2005; restriction Mr signage painted on iM sine of the building, delete me outdoor lighbn9 sudnittal requirement dw.rg omo.ehf b¢ planting equiremeni within the parking let and remove the requirement repamlrg metal siding malmM fOn mnA an of a new structure. The use classes permated.n Me CommensalLeiieral Distinct met.& .rndoda er, and group among. nomnniitl: industrial; assembly and entertainment: public. institutional and Courant Transportation: utility: anti. accessory; sixth m main specified and a matlmum man of S.O. The ewnpret do'i'vates dm property industrial use, but Joe, density. The proposed Property is a berme. with lams arrvns. <azpaica0on from Randal feet le on threell c.1emys an west sloe of an undevelo alley that ealeMs Iron Avenue, Ill to. and lotus im Application by Blue ro velum the amar Ca. T. M. Cart, Seerel City plamom, Commisslon City Council will hold public hearings n the Almesffi3 applleabons on December 19, 2016 At ] W am., or az soon as the maBers may be heard. Fny person with A disWirry ranking any special accommodation to attend coma tctrie Cry Dennis cesat 1510) 0533511 at least live days per to the scheduled hearing. Sumo] ie M. Maori Reynolds. All city Clerh (132353) 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. The City of Roanoke Planning Commission will hold public hearings on December 12, 2016, at 1:30 p.m., or as soon as the matters may be heard, to consider these applications: Application by Puppyland, Ltd., to rezone the property from I -1, Light Industrial District, with conditions, to CG, Commercial- General District, with conditions, and amend the conditions proffered as part of a previous rezoning at 745 Townside Road, S.W., bearing Official Tax Map No. 5490307. The amendments to the proffers accepted by the adoption of Ordinance No. 37023 - 041805 on April 18, 2005, propose to replace the list of permitted uses with the following: business service establishment, not otherwise listed; financial institution; laboratory, dental, medical, or optical; laboratory, testing and research; medical clinic; office, general and professional; animal hospital or veterinary clinic, no outdoor pens or runs; kennel, no outdoor pens or runs; mixed -use building; bakery, confectionary, or similar food production, retail; contractor or tradesman's shop, general or special trade; personal service establishment, not otherwise listed in this table; pet grooming; retail sales establishment, not otherwise listed; workshop; eating establishment; health and fitness center; day care center, adult; day care center, child; educational facilities, business school or nonindustrial trade school; educational facilities, industrial trade school; educational facilities, school for the arts; and accessory uses, not otherwise listed in this table as permitted uses. The amendments to the proffers also propose to remove the requirement that development will be in accordance to a site plan for the property revision dated March 3, 2005; remove restriction for signage painted on the side of the building; delete the outdoor lighting submittal requirement during comprehensive development review; remove the tree planting requirement within the parking lot; and remove the requirement regarding metal siding material for construction of a new structure. The use classes permitted in the Commercial- General District include accommodations and group living; commercial; industrial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory; with no maximum density specified and a maximum floor area ratio of 5.0. The comprehensive plan designates the property for light industrial use, but does not specify density. The proposed use of the property is a kennel, with no outdoor pens or runs. Application from Randal Johnson to vacate an approximately 500 square foot semi- circular extension on the west side of an undeveloped 10 foot alley that extends from Connecticut Avenue, N.E., to, and intersecting with, another undeveloped 10 foot alley extending from Plantation Road, N.E., such semi - circular extension adjacent to only Official Tax Map No. 3040719. The portion of the alley to be vacated was dedicated to the City of Roanoke pursuant to the terms of a closure which was the subject of Ordinance No. 29146, adopted on June 20, 1988. Application by Blue Eagle Credit Union to rezone the properties at 1430 and 0 Hershberger Road, N.W., bearing Official Tax Nos. 2280801 and 2280803, respectively, from MX, Mixed - Use District, to CG, Commercial- General District, with conditions. The land use categories permitted in the Commercial- General District include accommodations and group living; commercial; industrial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory; with no maximum density specified and a maximum floor area ratio of 5.0. The comprehensive plan designates the properties for small and medium scale commercial use, but does not specify density. The proposed uses of the properties are financial institution and drive - through facility. Tina M. Carr, Secretary, City Planning Commission City Council will hold public hearings on the aforesaid applications on December 19, 2016, at 7:00 p.m., or as soon as the matters may be heard. Any person with a disability requiring any special accommodation to attend or participate in the hearings should contact the City Clerk's office at (540) 853 -2541 at least five days prior to the scheduled hearing. Stephanie M. Moon Reynolds, MMC, City Clerk Please publish in newspaper on Tuesday, November 29, 2016, and Tuesday, December 6, 2016. Please bill and send affidavit of publication to: Tina M. Carr Secretary to the Board of Zoning Appeals Secretary to the Planning Commission Planning Coordinator Planning, Building & Development City of Roanoke Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 166 Roanoke, VA 24011 540/853 -1330 tina.cau@romokeva.gov Please send affidavit of publication to: Stephanie M. Moon Reynolds, MMC, City Clerk 215 Church Avenue, S.W., Suite 456 Noel C. Taylor Municipal Building Roanoke, Virginia 24011 -1536 540/853 -2541 Jonathan D. Puvak, Attorney Gentry Locke Rakes & Moore, LLP 10 Franklin Road, S. E. Roanoke, Virginia 24011 Dear Mr. Puvak: A public hearing has been advertised to be heard by the City Planning Commission on Monday, December 12, 2016 at 1:30 p.m., in the Council Chamber, Fourth Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request by Puppyland, Ltd., to rezone the property from 1 -1, Light Industrial District, with conditions, to CG, Commercial - General District, with conditions, and amend the conditions proffered as part of a previous rezoning at 745 Townside Road, S.W., bearing Official Tax Map No. 5490307. Pursuant to provision of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing also has been scheduled to be held on Monday, December 19, 2016 at 7:00 p.m. before the Roanoke City Council in the Council Chamber, depending upon formal action taken by the City Planning Commission on Monday, December 12, 2016. Action taken by the City Planning Commission may be viewed on the City's webpage, www.roanokeva.gov, under "Roanoke Planning Commission News ". If you have questions regarding the Planning Commission public hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540) 853 -1730. Questions regarding the City Council public hearing may be directed to the City Clerk's Office at (540) 853 -2541. Sincerely, Stephanie M. Moon Reynolds, M C City Clerk Enclosure c: Chris A. Benson, Puppyland, Ltd., 3112 Franklin Road, S. W., Roanoke, Virginia 24014 CITY OF ROANOKE GO OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke,Virginia 24011 -1536 Telephane: (540) 853 -2541 Enx: (540)X53 -1145 STITHANIE M. MOON REYNOLDS, MMC E-n:nil: elerk(alroanokevn.gov CECELIA F. MCCOY City Clerk Deputy C'Re Clerk December 5, 2016 CECELIA T. WEBB, CIVIC Assistant Deputy City Clerk Jonathan D. Puvak, Attorney Gentry Locke Rakes & Moore, LLP 10 Franklin Road, S. E. Roanoke, Virginia 24011 Dear Mr. Puvak: A public hearing has been advertised to be heard by the City Planning Commission on Monday, December 12, 2016 at 1:30 p.m., in the Council Chamber, Fourth Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request by Puppyland, Ltd., to rezone the property from 1 -1, Light Industrial District, with conditions, to CG, Commercial - General District, with conditions, and amend the conditions proffered as part of a previous rezoning at 745 Townside Road, S.W., bearing Official Tax Map No. 5490307. Pursuant to provision of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing also has been scheduled to be held on Monday, December 19, 2016 at 7:00 p.m. before the Roanoke City Council in the Council Chamber, depending upon formal action taken by the City Planning Commission on Monday, December 12, 2016. Action taken by the City Planning Commission may be viewed on the City's webpage, www.roanokeva.gov, under "Roanoke Planning Commission News ". If you have questions regarding the Planning Commission public hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540) 853 -1730. Questions regarding the City Council public hearing may be directed to the City Clerk's Office at (540) 853 -2541. Sincerely, Stephanie M. Moon Reynolds, M C City Clerk Enclosure c: Chris A. Benson, Puppyland, Ltd., 3112 Franklin Road, S. W., Roanoke, Virginia 24014 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 @ Roanoke, Virginin 24011 -1536 'relephuue: (540)853-2541 Vax: (540) 953 -1145 S I EPRANIE M. MOON REYNOLDS, MM( E -omit: clerk(xlroanokevx.gov C'EC'ELIA F. MCC'OY City C jerk Deputy City C'lurk December 5, 2016 CEC FAA T. WEBB, CMC Assistant Depu ty City Clerk Summertree Apartments LLC Paul Norris Edgehill Estate Apartments LLC Ilene N. Peters Mer Mar Enterprises of Roanoke Therron Daniel Lex Marilyn J. Buschor Mark S. Lucas Gerald R. and Sharon A. Hawley Norfolk Southern Railroad Charles B. and Bridget O. Chamberlain The Robert H. Sandel Revocable Declaration Robert C. and Barbara T. Keeley Dear Ladies and Gentlemen: A public hearing has been advertised to be heard by the City Planning Commission on Monday, December 12, 2016 at 1:30 p.m., in the Council Chamber, Fourth Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request by Puppyland, Ltd., to rezone the property from 1 -1, Light Industrial District, with conditions, to CG, Commercial - General District, with conditions, and amend the conditions proffered as part of a previous rezoning at 745 Townside Road, S.W., bearing Official Tax Map No. 5490307. Also, pursuant to provision of Resolution No. 25523 adopted by the Council of City of Roanoke on Monday, April 6, 1981, a public hearing regarding the abovementioned matter has been scheduled to be heard before the Roanoke City Council on Monday, December 19. 2016 at 7:00 o.m., in the Council Chamber, pending formal action by the City Planning Commission. Action taken by the City Planning Commission may be viewed on the City's webpage, www.roanokeva aov, under "Roanoke Planning Commission News ". This letter is provided for your information as an interested party and /or adjoining property owner. If you have questions regarding the Planning Commission public hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540) 853 -1730. Questions regarding the City Council public hearing may be directed to the City Clerk's Office at (540) 853 -2541. Sincerely, � ' R (°r COs tephanie M. Moon Reynolds, City Clerk c: Barbara Duerk, President, Neighbors in South Roanoke, 2607 Rosalind Avenue, S. W., Roanoke, Virginia 24014 ) (--J"- Department of Planning, BuiMhg and Development ! b4FF1 nE VEL0pMENft a Room 166, Noel C. Taylor Municipal Bu (ding ❑ Amendment of Planned Unh Deveopmem Plan 215 Church Avenue, S.W. L l Ameralment of Comprehen sive Sgn Overlay D[snkl Gidc Here & Pnnt Roanoke, Vllgnia 24011 9�It�G�1aB�Nsis4 'I Phone (540)8534730 Fax (540)853.1230 745 7ownslde Road, SW Dale INOVember 22.2916 Submlial Number (Amended Apps,., -;N, .1 flods4.asJiubls3.alC93a� -a�b53 599039] Remnng, Not Otherwise Listed ❑ Amendment of Proffered Cmdl'rora Rezoning, Conditional ❑ Amendment of Planned Unh Deveopmem Plan ❑ Rezoning to Planned Unit Development L l Ameralment of Comprehen sive Sgn Overlay D[snkl ❑ Establishment of Compreherslve Sign Overlay Mind 9�It�G�1aB�Nsis4 'I Address: 745 7ownslde Road, SW I ORxal Tax No(s).: 599039] Fxsling Base 7oning: L] With Cond NOns (b multiple zones, please manually enter all disln Fit ❑ WNroul Conditions Ordinance No(s). tar Evsl ng Conditions (If appkcable): 3702! fieQUesletl Zoning �El CG Wnh Condeons Proposed kennel relaZ ses; mixed use bvildinq Without CaMhmms Land Use: P[4p 40f 4rNSld.fykf9y4rs41w1i Name MarkS.Lucas Phone Number N15401520 -3040 Address: 12716Avenham Avenue, Rcanoke,VA 24014 _ ] E -Mail. marklucas@1- -therapiesxam Property C;;;fS Sgravwe Aeelbaak 64feavn.f(on ER diffKSeR fissm -trig j;. Name Luppy Land, Ltd_.do Chris A.&nson _� Phone Number. +t 154q 5423557 Adtl 112 rwnRoad _, orn e,VA 24014 F.Mei cbowlingdoaor@aoLcam Appkranfs Sgnamm ?aS�L/�l4Q43 .bia f-- .____._._ -- Name: doruthan D. PUwk/Gentry Lode Attorneys .. _Phone Number +1 (5a91993A399 ass: ;1D Franklin Rwd, E. Roanoke, VA. 24011 E -Mail: Ipuw%oqpmrAwe.ccm Pia etl AgaIts S.grature _ ,afor all appra s: ROANOKE .x Completed apiolci lon form and checklist. F Moon narrative explaining the reason for the request. r- Metes and bounds description, 7 applicable. r Flling fes f M%Ao W tvj For a rhaoniry not glherwas listd, the Moving OW Wwbe slbnnted: r Concept Plan managing the Applicat on Requimmems of 6em'2(c)'ln Zoning Amertur'entProcedurea. For a oandWAt d reMbq, flue flickering must abo be submitted: lz Wnben proffers. Sea the Gly's Guide to Proffered Comfilbre. Concept plan meeting me Application Requirements of temc)' in Zing Awriment Procedures Pleaski as r 'development Want` proffered. For a planned unit davelopment the am" must also be sltbmCted: F- Development plan meeting the re@xrements of Section 362 -326 ofthe Gys Zoning Ordinance Fora compn7ransive sign overly dstrici theidbalevmusibe submitted r Comprehensive signige plan meeting the requirements of Sedlon 36.2336(dN2) of Ere Otys Zoning Chromium For an smeniment of pobored aandfdons, lhelotowmg =at also be submitted: Amended development a concept flan meeting the Application Requirements of ltem'2(cp in Zoning Amendment Procedure; r 9 appBCaba. r Wriltenprofferetobeamended. Sae the Cilys Gudeto Proffered Conditions. H Copy of previously adopted Ordmanre For a planned un f detrelopment amendment, the fobvnng must also he submitted: F- Amended development plan meeting the requrr nouns or Section 36.2326 of the C firs Zoning Om nanm " Copy of prevoursy adopted Ongnance. For a comprehendes sign overlay amendma rf, the fo&oning must also be submtded:� r Amended compredmensin signal pan meeting the requre,ents of Secton 362- 336(d) of the Cry's Zovrg Oronaree F- Copy of previously adopted Ordinance For a proposal dot requires a traffic impact study be subrrrlted to the Cdy, line ?ogovnng must also be subnited. f— A Traffic Impact study n compliance win Appendix &2(e) or me Chy§ Zonk,g Orctnarca. For a Proposal 110t requires a tniFc Impact analycisbe submitted toVI)Or, the following must also be submitted. F- Cover sheaf r Traffic; mpact anaysls. r Concept Plan. r- conditions, if applicable r Required fee. 'An electronic copy of the appticellon and checklst can be found at www,manokevagov/ped by sdsdieg'Planning Commisson' uncer 'Boards and Commssom'. Acomplee packet most be subminndeach obtain application nominalist, unless otheroueslimted by staff. Jonathan GENTRY LOCKE purA @6,mu y1Dcke am Attomeys P: (540)983 -9399 F: 4540) 983 -9400 sc�el �E Nova !! o C,rt, s 2016 November 23, 2016 PUNIV rip ROA& (f� Detiet, VIA E -MAIL AND HAND - DELIVERY Ian D. Shaw, PE, AICP, CZA Planning Administrator City of Roanoke Noel C. Taylor Municipal Building, Room 166 215 Church Avenue Roanoke, Virginia 24011 Re: Proposed Zoning Amendment Application 745 Townside Road, SW Roanoke, Virginia 24014 Parcel ID: 5490307 Dear Mr. Straw: On behalf of Puppy Land Ltd. (the "Applicant ") please accept this letter as a statement of justification in support of the above referenced zoning amendment application amendment number one. The Subject Property is currently zoned to the Light Industrial ( "1 -f ") district with conditions approved by City Council in 2005. The Applicant's principal is the contract purchaser of the Subject Property, which consists of approximately four (4) acres. The Subject Property proposes a rezoning to the CG zoning district with conditions to allow the Applicant to establish a mixed -use building for animal boarding and related uses. The existing conditions do no permit the Applicant's proposed uses. The Applicant currently operates the Taj Mapaw located at 3110 -3112 Franklin Road SW. The existing location has been operating since 1975 and providing animal grooming and boarding services. The business has continued to grow since its inception and 745 Townside Road will serve as a second location for the business. The mixed -use building at 745 Townside Road will be improved with modem finishes and technology and will include the following animal related uses: Boarding kennel facility for dogs and cats with state -of -the -art cameras in each suite; Full service grooming for all dog breeds; Self - service dog wash: providing tubs, towels and a large variety of shampoos and professional assistance at different levels of pricing; 10 Funklin Rw8[. Suile9W Rmac.VA24011• I'e Bax4W1, Ra ke.VA 24022 -WI3 all Fa,: 866983.0866 23100117798188x1 ® GENTRY LOCKS November 23, 2016 Page 2 Animal daycare facility for small, medium and large dogs; Retail dog boutique: offering specialty animal items that are not available at local pet stores; Bakery: preparing and providing healthy foods for on -site purchase for the pet and pet owner; MCPaw caf8: which will offer varieties of coffee and beverages for the pet owner and the pet for on -site purchase; Animal clinic space for a local veterinarian; Dog training; Agility course for classes, training and competition; and Facilities for social events and private parties for clients and customers. The Applicant will use the existing building on the Subject Property and all animals will be boarded inside the building. The Applicant intends to also have one small, outdoor play yard to be covered with an awning and located immediately behind the existing building. The hours of operation will be as follows: Monday, Wednesday and Friday, 7 a.m. to 7 p.m., Tuesday and Thursday, 7:30 a.m. to 6 p.m., Saturday, 8:30 a.m. to 5:30 p.m., and Sunday, 9 a.m. to 10 a.m. and 6:15 p.m. to 7:15 p.m. Parking will be provided on -site. A traffic impact analysis is not required, because the proposed rezoning does not generate sufficient vehicle trips to meet the Virginia Department of Transportation requirements to justify the need for this analysis. The proposed application satisfies the purposes of the City of Roanoke Zoning Ordinance and the purposes of the CG District as the use will create no adverse impacts on public resources or the transportation network and the rezoning will permit a long standing business to better serve the residents of the City of Roanoke. The proposed application is also consistent with the other retail and commercial uses in the vicinity. The Applicant proposes to amend the existing conditions to permit its desired uses, but has proposed a number of conditions that are similar to the previously approved conditions. The Applicant's proffered conditions are enclosed. In accordance with the policy of the City of Roanoke, we have enclosed the following: application form and checklist, this justification letter, survey of the Subject Property as a concept plan, written proffered conditions and a copy of previously approved zoning ordinance. Under separate cover, the Applicant has submitted the contract for purchase of the property and other required ownership documents. 2310011 7798188x1 GENTRY LOCKE November 23, 2016 Page 3 Thank you in advance for your consideration and please do not hesitate to contact me to further discuss any of the application materials. We thank you for your assistance prior to filing the application and look forward to continuing to work with you and other representatives of the City or Roanoke regarding this application, Regards, GENTRY LOCKE Jo ?n D. Puvak Enclosures cc: Chris Benson '.1100.1 "9R I M,I SPECIAL POWER OF ATTORNEY Property Description (Tax Map Number, Street Address or Common Description, Borough): 745 Townsidc Road SW Roanoke, Virginia Tax Map # 5490307 We, Puppy Land, Ltd., are: X the applicant for the above - referenced application the owner(s) of the property described above We do hereby make, constitute, and appoint Jonathan D. Puvak, authorized agent of Gentry Locke Rakes & Moore, our true and lawful attomey -in -fact, and grant unto our attomey -in -fact full power and authority to make any and all applications and execute any related documents required in connection with all zoning and/or permitting matters related to a zoning amendment application, on the above described property (the 'Property "), and to perform all acts and make all agreements as such person shall deem necessary or appropriate in regard to said zoning and/or permitting matters, including but not limited to the following authority: the authority to negotiate with localities; to sign and submit proffers that would constitute binding conditions on the Property; to agree to conditions and bind the Property with conditions, whether through proffers or other agreements; to sign and submit applications, agreements and/or other documents in connection with rezoning, conditional rezoning, special use permits, conditional use permits, special exceptions, zoning variances, building permits and/or any other permits related to a zoning amendment application, on the Property; and to modify or amend any documents in whole or in part relating to such applications, agreements and related documents. We ratify all actions taken to date in connection with the zoning and/or permitting of the Property related to a zoning amendment application, on the Property. The rights, powers, and authority of said attomey -in -fact herein granted shall commence and be in full force and effect on the 26a day of September, in the year 2016, and shall remain in full force and effect thereafter until actual notice, by certified mail, return receipt requested is received by the Department of Planning, Building and Development of the City of Roanoke, Virginia, or by another written document, stating that the terns of this power have been revoked or modified. Applicant Print Name � O,i 10911/70/7721379v: Commonwealth of Virginiagj'j' County of"? O& A .#A , to-wit: Subscribed and sworn to before me this e?(t!LL day of to my City and ' State aforesaid, by O�..f.�.� Notary Public. My Commission Expires: ,fyq 3O -,)Ann =pTA9�. �B Lev, 10911/70/7721379x1 UR ROUTE 220 �w[ -sxen xp TAS IdwN09 ava S.. 116%0 8.e. mrw ®mw ww vK� uxmww W$r Zvevww.��wl.x.rx aarxv�wv�mx A;*x H �r g M I AE °or @M i ii _ 3P I iii ^'wme:.v 3.996 ACRE LOT woaRrc ar n werr — s xrsm e yam„ nm• _ 9NaRD IT RFW Q" 1mIM90E rtW0 s M aMNOA'R. NRCIMd Yim a\m mrw ®mw ww vK� uxmww W$r Zvevww.��wl.x.rx aarxv�wv�mx A;*x H �r g M I AE °or @M i ii _ 3P I iii ^'wme:.v 3.996 ACRE LOT woaRrc ar ivunmvsvaemm�w va% a ry wxvww�vwos�vq°d M E tl _�afir_W[ar Jt M I AE °or @M i ii _ 3P I iii ^'wme:.v 3.996 ACRE LOT ivunmvsvaemm�w va% a ry wxvww�vwos�vq°d M E tl _�afir_W[ar Jt •Mls%rO wt ft FA 91bNRIX1 LWSR s rr a xva � arc a aoaxurc urn sumuRw •xohR rearm mvxwa' % T SNOIIM "Wy W 3.996 ACRE LOT woaRrc ar MARX S. LUCAS r Uvsrwr�i pfa0irva) ry � r w y 9NaRD IT RFW Q" 1mIM90E rtW0 s M aMNOA'R. NRCIMd M.B. � PG. Rezoning of property totaling 3.998 acres, more or less, identified as 5490307 from 1 -1 (Light lndustriao District to CG (Commercial- General) District. TO THE 14ONOPABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: Chris Benson is the contract purchaser of a parcel of property containing 3.998 acres, more or less, which is identified as Tax Map No. 5490307 and situate at 745 Townside Road SW. Puppy Land Ltd. is the applicant of a request for rezoning of the parcel of property containing 3.998 acres from I -1 (Light Industrial) District with conditions to the CG (Commercial - General) District with conditions for the purpose of locating a boarding kennel and related uses thereon. The contract purchaser and applicant hereby request that the following proffered conditions enacted by Ordinance No. 37023 be amended or repealed, as noted below, as they pertain to Official Tax No. 5490307: Tkat tT ie property shall wiI4 be used only solely for the following uses: Business service establishment, not otherwise listed; Financial institution; Laboratory, dental, medical, or optical; Laboratory, testing and research; Medical clinic; Office, general and professional; Animal hospital or veterinary clinic, no outdoor pens or runs; Kennel, no o ldoor pens or runs; Mixed -use building; 23100 1`7245710 Bakery, confectionary, or shnilarfoodproduction, retail; Contractor or tradesuran'.s shop, general or special trade; Personal service establishment, not otherwise listed in the use table; Pet grooming: Retail sales establishment, riot otherwise listed; Workshop; Ealing establishment: Health and fitness center; Day core center, adult; Day care center, child; educational facilities, business school or nonindustrial trade school; educational facilities, industrial trade school, educational facilities, schoul for the arls; and Accessory uses, not otherwise listed in the use table as permitted uses. Tree Retention AFed (aHaehed Iterate as E!hjk!EA) Subjeet to sueh 011944805 05 Maybe WRHk�d 3. That no sign, including one painted on the side or rear of the building, shall be visible from the adjacent expressway (Route 110 1Interstate 581). 4. The following proffers shall relate to lighting: (A) Any outdoor light fixture shall be a full cutoff fixture or a decorative fixture with full cutoff optics. A "full cutoff fixture" shall mean an 23100 1 7724571,3 outdoor light fixture shielded in such a manner that all light emitted by the fixture, either directly from the lamp or indirectly from the fixture, is projected below the horizontal plane. A "decorative fixture with full cutoff optics" shall mean an outdoor light fixture with manufacturer- provided or manufacturer - installed full cutoff optics. (B) The spillover of lighting from any parking area on the subject property onto public rights -of -way or abutting property in residentially zoned districts shall not exceed one -half (0.5) foot candle at the property line. (C) Any outdoor lighting in parking areas shall not exceed twelve (12) feet in height. The maximum height shall apply to the height of the poles or other standards to which the fixtures are attached or the top most point of the fixture itself, whichever is higher. e..:a__.:__- of !be area is lighted � . quah fimuEesj (ii) Plans indies4ing the leeatien an !be prepeoly, and the type, YY r r 2310a 17724571v, emissions; —and The contract purchase and applicant hereby request that the following proffered condition be adopted as it pertains to Official Tax No. 5490307: There shall be no outdoor boarding of animals. WHEREFORE, the applicant and contract purchaser request that the above described property be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke subject to the aforesaid conditions. 23 10a 1 "245 -1,3 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, / The 1Bth day of April, 2005- No. 37023 -041805. AN ORDINANCE to amend 036.1 -3 and 36.1 -4, Code of the City of Roanoke (1979), as amended, and SheetNo.549, Sectional 1976 Zone Map, City of Roanoke, in order to rezone certain property within the City. subject to certain conditions pmfferedbythe applicant; and dispensing with the second reading by title of this ordinance. WHEREAS, Mark S. Lucas and Lucas Physical Therapy. Inc., filed an application to the Council ofthe City of Roanoke to rezone a tract of land located at 739 Townside Road, S.W., being designated as Official Tax No. 5490307, which propertywes previously ceodtnonally >aonedbytbe adoption of Ordinance No. 36624 - 021704, adopted February 17, 2004; WHEREAS, Mark S. Lucas and Lucas Physical Tberepy, Inc., seeks to have the subject property zoned C -2, General Commercial District, with proffers; WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1 -693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, spublic hearing was heldby City Council on such applicationat umeetingon April 18, 2005, after due and timely notice thereof as required by 936.1 -693, Code of the City of Roanoke (1979), as amended, at which hearing all Parties in interest and citizens were given an opportunity to be heard, both for Rod against the proposed amendment; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the Citys Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the property located at 739 Towuside Road 0' 5490307, should be rezoned from LM, Light S.W., being designated as Official Tax N ffers. Man ufactuimgNstr1et'subjecttoproffe�s to ytheCounc etcatnisttict.subiatto P1O QED by the Council of the City of Roanoke that: ,SORE, BE if ORD amended. and ShaetNo. 549 1 Section 36.1 -3, Code of the City of Roanoke (1979), Zone Map, City of Roanoke, be amended in the following Particular mamet of the Sectional 1976 and no other on Sheet No. 549 of That trail of land located at 739 Tov,.pside Road, S.W..and desigmted the Sectional 1976 Zone Map, City of Roanoke, as Official Tit No. 5490307, be, and is hereby ..,.d from IM, Light Manufacturing District, subject to centaur proffers, to C -2, Ganatal Commercial District, subject to the proffers contained in the Second Amended Petition filed in the Office of the City Clerk on March 25, 2005, and that Sheet No. 549 of the 1976 Zone Map be changed in this respect 2. . pursuant to the provisions of Section 12ofdreCityCharter ,dresecondreadingofthis ordinance by title is hereby dialmsed with- ATTEST: le -)An City Clerk. en.umu¢aca.a+�s,werosu'us r�xarr uimtcc '.iRMO'JOT. PrNUNU,, -, rrnscNCa, Yo9r. Rn. d FMMN. PLC nnaRn[rs- .. -t�. 90 KV W MA of 1.9 SECOND AMENDED PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE VIRGINIA IN RE:' Rezoning of property totaling 3.998 acres, more or less, identified as 5490307 anc further identified as 739 Townside Road SW, from LM Conditional (Light Manufacturing District) to C-2 (General Commercial District). TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioners, MARK S. LUCAS and LUCAS PHYSICAL THE c IN are the contract purchasers of a parcel of property containing 3.998 acres, more or less, which is identified as Tax Map No. 5490307 and sibrate at 739 Townside Road SW; said tract being currently zoned LM Conditional (Light Manufacturing District). A location map of the property to be rezoned is attached hereto as Exhibit 1. A legal metes and bounds description of the property is attached hereto as Exhibit 2. A concept plan is attached hereto as Exhibit 3. Pursuant to Section 36.1 -690, Code of the City of Roanoke (1979), as amended, the Petitioners request that property containing 3.998 acres, more or less, which is identified as Tax Map No. 5490307, be rezoned from LM. Conditional (Light Manufacturing District) to C-2 (General Commercial District), for the purpose of locating a medical office or medical clinic, general and professional offices, including financial institutions, personal service establishments and business service establishments thereon. The Petitioners believe the rezoning of said tract of land will further the Intent and purposes of the City's Zoning Ordinance and fts Comprehensive Plan, in that R will enable a parcel of land located at 739 Townside Road to be used for commercial purposes (general and professional offices, including financial institutions, medical clinics, medical ,WOLLMYS,USEPSCBaum aMneZON14GLurae AdAD PET TDREZ0NEZd= March 22 2005 Page 1 of 5 .T.RNWOT. FbYAWM. M. Hlu m Yost. W4 & rfaGl .' PLC ATtOP mY T.{Ae aouiou. vaeiwn offices, personal service establishments and business service establishments) as other properties in the area are so utilized. Attached as Exhibit 4 are the names, addresses and tax numbers of the owner; of all lots or property immediately adjacent to and immediately across a street or road from the property to be rezoned. The Petitioners request that the conditlons existing on the subject property as adopted by Ordinance No. 36624-021704 and as set forth below be REPEALED: 1. . The property shall be used only fw mini warehouses, not to exceed a total of 48,000 s.f. 2. That no sign, including one painted on the side of a building, shall be visible from the adjacent expressway (220681). 3. No outdoor storage shall be permitted on the property. 4. The buildings shall be earth tone in color. Earth tone shall be defined as any of various rich, wane colors with tones of brown; i.e., tan, taupe, wheat, beige, Navajo white, winter white, cream, ecru, almond and khaki. The Petitioners voluntarily SUBMIT the following proffers to be included as a part of the rezoning request: 1. That the property will be used solely as a medical office or medical clinic, general and professional offices, including financial institutions, personal service establishments and business service establishments. 2. That the property will be developed according to the site plan prepared by Lumsden Associates, P.C. under date of January 31, 2005, revised March 3, 2005, to add the Tree Retention Area (attached hereto as Exhibit 3) subject to such changes as nay be required by the City Staff during the comprehensive development plan review 3mcess. JCLUASYSIUSERS1CSawgar etlZo" NGLLUM AMD P_t TG REZO,E2.dcc WCh 22, 2005 Page 2 of 5 iNxWm, PanoAwx, Am Het ". Ymr, out a rrxAaoe, PLC AROxX -AT- W gA C. NaffelA aAPiaca.a 3. That no sign, including one painted on the side of a building, shall be visible from the adjacent expressway. 4. The following proffers shall relate to fighting: (A) Any outdoor light fixture shall be a full cutoff fixture or a decorative fixture with full cutoff optics. A "full cutoff fixture' shall mean an outdoor light fixture shielded in such a manner that all light emitted by the fixture, either directly from the lamp or indirectly from the fixture, is projected below the horizontal plane. A'decorative fixture with full cutoff optics' shall mean an outdoor light fixture with manufacturer - provided or manufacturer- installed full cutoff optics. (B) The spillover of lighting from any parking area on the subject property onto public rights-of-way or abutting property in residentially zoned districts shall not exceed one -half (0.5) foot candle at the property line. (C) Any outdoor lighting in parking areas shall not exceed twelve (12) feet in height The maximum height shall apply to the height of the poles or other standards to which the fixtures are attached or the top most point of the fixture itself, whichever is higher. (D) Outdoor lighting information for the subject property shall be submitted during comprehensive development review. Such information shall include the following: (i) Location of all outdoor lighting fixtures, including the manufacturers specifications, of the area to be righted \VOLLY%SYSIUSER%CSau rdnw%ZONINGLLuw WD PET TO REZONE Z&c MaM 2Z.2Wb Pape 3 of 3 cwauor, Pa,w ' r, K6 KR, YM, m b Fm=., PLC (ROi1N[YS T} iOV+OF[. VMOIM LWI6CU9 with such fixtures; (ii) Plans indicating the location on the property, and the type, of illuminating devices, fixtures, lamps supports, reflectors and other devices; (ii) Description of the illuminating devices, fixtures, lamps, supports, reflectors and other devices; (Iv) Photometric data, such as that furnished by the manufacturers, showing the angle of cut off of light emissions; and (v) Other information as may be-deemed necessary by the Zoning Administrator to determine compliance with the lighting proffers. 5. Petitioners shall plant a minimum of fifteen (15) 2" caliper deciduous trees within the interior of the parking lot and maintain the same. 6. The primary exterior facade of the new structures shall not be constructed of cinder blocks or metal siding. WHEREFORE, the Petitioners request that the above-described property be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. ' J Respectfully submitted this Z3 day of .2005. Applicants: s-M ^�-- MARK LUCAS NCLLNSYS \USFMCEaumgardmaONiNG%u= AMP PET TO REZONE Zd a Marta 22. 2005 Page d of 5 a-car or, vnw.v.x. Nnn. Mnww. Yam. LMLL G PO4•XCx. MS AftCAYC15�AFW W.Ma.i. Y1i911M EVia. —�.a ......_..x♦ r. m'' LUCAS PHYSICAL THERAPY, INC. BY _ Mark Lucas, resident Owner. EDGEHILL EST rTES APTS LLC BY % Glibe.rrButler, Member Edwafd A. Natt, Esq. OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, P.L.C. P. O. Box 2D487 Roanoke. VA 24018.0049 Phone: (540) 7258180 Fax: (540) 774 -0981 VSB #1104 NOLLriSYSWSIRiotCSaum a;dne2SON'WLU A�Mq ET iO.iEZONE 2.d= P�g* g� a_ Nan 1z Z005 ZONING DISTRICT MAP 745 Townside Road SW Official Tax Parcels: 5490307 ®Area to be Rezoned Zoning AD: Airport Des CG: Commercial-General ® CLS'. Commercial -Large Site CN: Commercial- Neighborhood - D: Downtown 1 -1: Light Industrial --- 1 -2: Heavy Intlustrial _ IN Institutional Q INPUD Institutional Planned Unit Dev g _ IPUI2 Industrial Planned Unit Dev r MX: Mixed Use QP MXPUD: Mixed Use Planned Unit Dev R -12: Res Single Family m R -3. Res Single - Famity R -5. Res Cngle F m ly R -7'. Res Single-Family RA. Res-Agricultural�. RM -1 Res Mixed Density , RM -2 Res Mixed Density RMF Res Multifamily ROS. Recreation and Open Space - OF Urban Flex . Conditional Zoning s ea N ` 0 200 400 Feet I L F fra,. .,MM u aWir ee�;..TQ Lj of � s F P "O 18 0 1390404 y66 X ✓o„ y390619 139040] '9g O Q O � 3 V O ti O 2 ]44 96 6 I L F fra,. .,MM u aWir ee�;..TQ Lj of � s F P REZ1 6 0012 ®nine Amendment ApplIC3HOWIVED c pail mentn Piannnp. Bu din a a Deveiopmen $EP 2 6 2616 00- 1"6 N cc! C rayo htmcpa [u 9 ;e 2'rC.1, Aven a S W CITVOFROANOKE _ as „rt 9ra rn ':f,,1 i PLANNING BUILDING& ^,o 1 54 730 Fax 8'3 -123L DEVELOPMENT —'— - -- 'a `.:moer zonm9 sa! A;•le'i vwn Ot P OKee Cond;'o c kezon og oFa. reo CrnC .y rp enl ,bnenJ ^ie:: of Co ^ip eLenS.e Sgn Ove ayCs; '.r, S.gr �ronerty pn.crmatea,::.- -dras 755 iownside Road 5` ax vo so; �eZ y � a - -'Jo sl E's .o s a La11 r - rforl ise., S. Pn, i K�Tz�3oye ale O.¢'.e:vv aw ", �nC<514,.. -eA;e n._.. .. ' CIO ChISe A. B0D6OD • -. "..' � , a to oc+ G cc nr ac cc- %PPUCaule:j: _cafe. DP ,,a_r1,ert err F "o p e' w. 'S5 'P m k :e yov -co E Ix Written narrative explaining the reason for the request. r Metes and bounds description, if applicable. r Filing fee, Fora recoaing not Orwise listed, the follovAr must also be i utunhed: F- Concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures. For a eoni116lcn jLr$a961ng,1hefollotfinb rriuSj ai'biy gubl"n'ilted r Written proffers. See the Olty's Guide to Proffered Conditions. Concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Pmcedures. Please label as r 'development plan' B proffered. Fore pl,# 'a, it #velopmenf, the%Ibw qg ipgst also be submtted: ot .. F- Development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance . Fora l:o. ea4" , 1` v„K A 'b§r-"I ted`..: F Comprehensive signage plan meeting the requirements of Section 36.2- 336(d)(2) of the City's Zoning Ordinance. For au,>'?. Ms'�p=su6rnitffed; Amended development orconcept plan meeting the Application Requirements of item'2(c)' in Zoning Amendment Procedures, F- if applicable. Written proffers to be amended. See the City's Guide to Proffered Conditions. I�Copy of previously adopted Ordinance. Fo"r "dW' nt"'09, , a00 suBr�ed:. F- development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance. r Copy of previously adopted Ordinance. Fw a "rtjR p9re 'nR' etjo-` totio ir! @musta4pobe;sybmiped.. F Amended comprehensive signage plan meeting the requirements of Section 96.2- 336(d) of the City's Zoning Ordinance. F- Copy of previously adopted Ordinance. For a` _ ";t t.} 9tr8ificirimpae�itttr est�brpittedto the ISkiltre following must also be submitted.... r A Traffic Impact Study in compliance with Appendix B -2(e) of the City's Zoning Ordinance. For a i ._... , rei(bireara traffic ill a ij FtOubm7(ted,kt�S lft .the` ngmust also be submitted:... r Coversheet. r Traffic impact analysis. F- Concept plan. F- Proffered conditions, H applicable. r Required fee. 'An electronic copy of this application and checklist can be found at www.roanokeva.govlpbd by selecting'Planning Commission' under 'Boards and Commissions'. A complete packet must be submitted each time an application is amended, unless otherwise specified by staff . ft,. GENTRY WCKE Attorneys September 26, 2016 VIA HAND DELIVERY Ms. Katharine Gray Land Use and Urban Design Planner City of Roanoke Noel C. Taylor Municipal Building, Room 166 215 Church Avenue Roanoke, Virginia 24011 Re: Proposed Zoning Amendment Application 745 Townside Road, SW Roanoke, Virginia 24014 Parcel ID: 5490307 Dear Ms. Gray: Jonarkan D. Puvok puvek@gcnnylocke.mm P: (540)983 -9399 F: (540) 983 -9400 RECEIVED SEP 2 6 2016 CITY OF ROANOKE PLANNING BUILDING 8 DEVELOPMENT On behalf of Puppy Land Ltd. (the `Applicant ") please accept this letter as a statement of justification in support of the above referenced zoning amendment application. The Subject Property is currently zoned to the Light Industrial (1-1 ") district with conditions approved by City Council in 2005. The Applicant's principal is the contract purchaser of the Subject Property, which consists of approximately four (4) acres. The Subject Property proposes a rezoning to the CG zoning district with conditions to allow the Applicant to establish a mixed -use building for animal boarding and related uses. The existing conditions do no permit the Applicant's proposed uses. The Applicant currently operates the Taj Mapaw located at 3110 -3112 Franklin Road SW. The existing location has been operating since 1975 and providing animal grooming and boarding services. The business has continued to grow since its inception and 745 Townside Road will serve as a second location for the business. The mixed -use building at 745 Townside Road will be improved with modem finishes and technology and will include the following animal related uses: - Boarding kennel facility for dogs and cats with state -of- the -art cameras in each suite; - Full service grooming for all dog breeds; - Self- service dog wash: providing tubs, towels and a large variety of shampoos and professional assistance at different levels of pricing; - Animal daycare facility for small, medium and large dogs; 10 Franklin Roed SE, Suite 900 Roenake, VA 24011 • PO Box 40013 Roanoke, VA 24022 -0013 Tall Free 866.953.0866 23 1001 V77225944v1 �m GENTRY LOCKE Ms. Katharine Gray September 26, 2016 Page 2 Retail dog boutique: offering specialty animal items that are not available at local pet stores; Bakery: preparing and providing healthy foods for on -site purchase for the pet and pet owner; McPaw cafd: which will offer varieties of coffee and beverages for the pet owner and the pet for on -site purchase; Animal clinic space for a local veterinarian; Dog training; Agility course for classes, training and competition; and Facilities for social events and private parties. The Applicant will use the existing building on the Subject Property and all animals will be boarded inside the building. The Applicant will also have one outdoor play yard located immediately behind the existing building. The hours of operation will be as follows: Monday, Wednesday and Friday, 7 a.m. to 7 p.m., Tuesday and Thursday, 7:30 a.m. to 6 p.m., Saturday, 8:30 a.m. to 5:30 p.m., and Sunday, 9 a.m. to 10 a.m. and 6:15 p.m. to 7:15 p.m. Parking will be provided on -site. A traffic impact analysis is not required, because the proposed rezoning does not generate sufficient vehicle trips to meet the Virginia Department of Transportation requirements to justify the need for this analysis. The proposed application satisfies the purposes of the City of Roanoke Zoning Ordinance and the purposes of the CG District as the use will create no adverse impacts on public resources or the transportation network and the rezoning will permit a long standing business to better serve the residents of the City of Roanoke. The proposed application is also consistent with the other retail and commercial uses in the vicinity. The Applicant proposes to amend the existing conditions to permit its desired uses, but has proposed a number of conditions that are similar to the previously approved conditions. The Applicant's proferred conditions are enclosed. In accordance with the policy of the City of Roanoke, we have enclosed the following: application form and checklist, this justification letter, survey of the Subject Property as a concept plan, written proffered conditions, copy of previously approved zoning ordinance, list of adjoining property owners, and required filing fee. Under separate cover, the Applicant has submitted the contract for purchase of the property and other required ownership documents. 23100/1/7725944x1 GENTRY LOCKE Ms. Katharine Gray September 26, 2016 Page 3 Thank you in advance for your consideration and please do not hesitate to contact me to further discuss any of the application materials. It is our understanding that applications will scheduled for public hearings before the Planning Commission and the City Council in November 2016. We thank you for your assistance prior to filing the application and look forward to continuing to work with you and other representatives of the City of Roanoke regarding this application. Regards, GENTRY LOCKE Iona. Puvak Enclosures 2310W11]]259441 SPECIAL POWER OF ATTORNEY Property Description (Tax Map Number, Street Address or Common Description, Borough): 745 Townside Road SW Roanoke, Virginia Tax Map # 5490307 We, Puppy Land, Ltd., are: X the applicant for the above - referenced application the owner(s) of the property described above We do hereby make, constitute, and appoint Jonathan D. Puvak, authorized agent of Gentry Locke Rakes & Moore, our true and lawful attomey -in -fact, and grant unto our attomey -in -fact full power and authority to make any and all applications and execute any related documents required in connection with all zoning and/or permitting matters related to a zoning amendment application, on the above described property (the 'Property "), and to perform all acts and make all agreements as such person shall deem necessary or appropriate in regard to said zoning and /or permitting matters, including but not limited to the following authority: the authority to negotiate with localities; to sign and submit proffers that would constitute binding conditions on the Property; to agree to conditions and bind the Property with conditions, whether through proffers or other agreements; to sign and submit applications, agreements and /or other documents in connection with rezoning, conditional rezoning, special use permits, conditional use permits, special exceptions, zoning variances, building permits and/or any other permits related to a zoning amendment application, on the Property; and to modify or amend any documents in whole or in part relating to such applications, agreements and related documents. We ratify all actions taken to date in connection with the zoning and /or permitting of the Property related to a zoning amendment application, on the Property. The rights, powers, and authority of said attomey -in -fact herein granted shall commence and be in full force and effect on the 26" day of September, in the yen 2016, and shall remain in full force and effect thereafter until actual notice, by certified mail, return receipt requested is received by the Department of Planning, Building and Development of the City of Roanoke, Virginia, or by another written document, stating that the terms of this power have been revoked or modified. Applicant Print Name Fifer �. ,ppuJ a�1 10911/70/772137M Commonwealth of Virginia i[ ounty of oaA�� , to -wit: Subscribed and sworn to before me this day of jk , in my City and State aforesaid, by n�.,f� „_� Notary Public. My Commission Expires: f�U j, ,3Ot .Zp2D .ANN =OTAq • *” 4 GNi °= &B ,_N 4liH OF 10911/70/7711379x1 W6)Y\M=nT@rhW IMYI YN.[N4[AN'tl[Y+VO! 18.1 smug o.s, ays csmxoe ae 503NNPId ff1 SIIOYA3AU[IS- SN33HIOn .mu�msr:3rnw cs v+�snvr:omww rn. J�d gg,�,tll�(�SY N34SVZ .�ewen � j �� a m� `2 �'s a ..___. ssnrm�c — nasr a dp�pgw ,85ru f uj 51 m a Q Y.�.r �YOe 0<p �i�I LT jj- x p L ng # _ 9 x I p E °ip �pR� AYap t� ijig i •[ I 1 �p 66Y h� I I � Y9 ! p I @ pill 0 Li !f' �1e jq! ! __ _ .__ °e ieo-se er B�n2ea90 YIl� Rezoning of property totaling 3.998 acres, more or less, identified as 5490307 from L -I (Light Industrial) District to CG (Commercial - General) District. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: Chris Benson is the contract purchaser of a parcel of property containing 3.998 acres, more or less, which is identified as Tax Map No. 5490307 and situate at 745 Townside Road Sw. Puppy Land Ltd. is the applicant of a request for rezoning of the parcel of property containing 3.998 acres from I -1 (Light Industrial) District with conditions to the CG (Commercial - General) District with conditions for the purpose of locating a boarding kennel and related uses thereon. The contract purchaser and applicant hereby request that the following proffered conditions enacted by Ordinance No. 37023 - 041805 be amended or repealed, as noted below, as they pertain to Official Tax No. 5490307: 1. That tThe property may will be used selely for the following uses: as medical office or medical clinic, general and professional offices, ineluding financial institutions, personal service establishments, arid— business or general service establishments, laboratory, animal hospital or veterinary clinic, drive - through facility, kennel (no outdoor runs or pens), mixed -use building, bakery or similar retail food production, building supplies and materials, contractor or tradesman's shop, pet grooming, retail sales establishment, workshop, eating establishment, health and fitness center, day care center, educational facility, and permitted accessory uses. 2. That the pEgliet4y mill be developed according to the site plaii pirepated b5 .e.,._a__ raroc _ P.C. . _det: date of jm_.r_ T 31, 2005, revised e,_eh v 2005 to add the 2310011/7724571v1 3. That no sign, including one painted on the -ide rear of the building, shall be visible from the adjacent expressway (Route 220 /Interstate 581). 4. The following proffers shall relate to lighting: (A) Any outdoor light fixture shall be a full cutoff fixture or a decorative fixture with full cutoff optics. A "full cutoff fixture" shall mean an outdoor light fixture shielded in such a manner that all light emitted by the fixture, either directly from the lamp or indirectly from the fixture, is projected below the horizontal plane. A "decorative fixture with full cutoff optics" shall mean an outdoor light fixture with manufacturer - provided or manufacturer - installed full cutoff optics. (B) The spillover of lighting from any parking area on the subject property onto public rights -of -way or abutting property in residentially zoned districts shall not exceed one -half (0.5) foot candle at the property line. (C) Any outdoor lighting in parking areas shall not exceed twelve (12) feet in height. The maximum height shall apply to the height of the poles or other standards to which the fixtures are attached or the top most point of the fixture itself, whichever is higher. 23101Wtm24571.t .. l etUF0F'.. _ eei fleatie_.e of the area to lighted with : .. .. .. .... ...E= .. .. ..._ ..._ .e. and atheF devie as; ... _ -!.. ... . .. .. . mavnufaStWeffi, ..Le..'..g the amilde of c off of light and c oetitienets shall plant a miai « ... of fifteen (I5) 2" caliper deed. aas tree.. with: 6. The primary exterior fagade of the new structures shall not be constructed of cinder blocks or metal sidi gig. The contract purchaser and applicant hereby request that the following proffered conditions be adopted as they pertain to Official Tax No. 5490307: There shall be no outdoor boarding of animals. 23100/1/7"124571,1 WHEREFORE, the applicant and contract purchaser request that the above - described property be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke subject to the aforesaid conditions. Respectfully submitted this 26" day of September, 2016 Ana(icant: Puppy Land Ltd. By.' —Ch3is Benson, Prestdent Contract Purchaser: Chris Benson 23100/1/7724371x1 ADJOINING PROPERTY OWNERS Current Property Owner: Mark S. Lucas Applicant: Puppy Land, Ltd. Tax Parcel Number 5490307 745 Townside Road, S.W. Roanoke, Virginia 24014 Tax Map Number Owner(s)/Mailing Address 5490208 Summertree Apartments LLC P.O. Box 8021 Roanoke, Virginia 24014 5490302 Edgehill Estate Apts LLC 5490305 P.O. Box 8021 5490306 Roanoke, Virginia 24014 5500116 Mer Mar Enterprises of Roanoke P.O. Box 20269 Roanoke, Virginia 24018 1390204 Steven C and Marilyn J. Buschor 3716 Dogwood Lane, S.W. Roanoke, Virginia 24015 1390203 Gerald R. and Sharon A. Hawley 3726 Dogwood Lane, S.W. Roanoke, Virginia 24015 1390202 Charles B. and Bridget O. Chamberlain 3736 Dogwood Lane, S.W. Roanoke, Virginia 24015 1390201 Robert C. and Barbara T. Keeley 3750 Dogwood Lane, S.W. Roanoke, Virginia 24015 1400208 The Robert H. Sandel Revocable Declar The Jane C. Sandel Revocable Declarat 3808 Park Lane, S.W. Roanoke, Virginia 24015 1400209 L. Elwood and Doris E. Norris 3818 Park Lane, S.W. Roanoke, Virginia 24015 1400210 Ilene N. Peters 1400211 3834 Park Lane, S.W. 1400212 Roanoke, Virginia 24015 1400217 Therron Daniel Lex 3862 Park Lane, S.W. Roanoke, Virginia 24015 23100/I/7724004vI IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of April, 2005. ✓ No. 37023- 041805. AN ORDINANCE to amend 036.1 -3 and 36.1 -4, Code of the City of Roanoke (1979), as amended, and Sheet No. 549, Sectional 1976 Zone Map, City of Roanoke, in order to rezone certain property within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading by title of this ordinance. WHEREAS, Mark S. Lucas and Lucas Physical Therapy, Inc., filed an application to the Council of the City of Roanoke to rezone a tract of land located at 739 Townside Road, S.W., being designated as Official Tax No. 5490307, which property was previously conditionally rezoned bythe adoption of Ordinance No. 36624-021704, adopted February 17, 2004; WHEREAS, Mark S. Lucas and Lucas Physical Therapy, Inc., seeks to have the subject property zoned C -2, General Commercial District, with proffers; WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1 -693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on April 18, 2005, after due and timely notice thereof as required by §36.1 -693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the Citys Comprehensive Plan, and the matters presented at the public hearing, is of the Opinion that the property located at 739 Townside Road, No. 5490307, should be rezoned from LM, light being- designated sa Official Tax erc tal District, subject toProffers' S.W., to C -2, Oeseral Comm District, subjectto proffers, Roanoke that: Manufacturm8 AjNFD by the Council of the City of Roan TaREFORE, BE IT ORD f the It amended, and SheetNo. 549 1 Section 36.1 -3, Code of the City Of Roanoke( of the Sectional 1976 Zone MaP, City of Roanoke, be amended in the following Particular manner and no other: SW. and designated on Sheet No. 549 of That tract of land located at 739 Towns Road, f Roanoke, as Official Tax No. the Sectional 1976 Zone Map. City o 5490307, be, and is hereby rezoned from LM, Light Manufacturing District, subject to ceRain Proffers, to C -2, General Commercial District, subject to the proffers contained in the Second Amended petition filed in the City Clerk on March 25, 2005, and that Sheet No. 549 of the 1976 Zone Map be Office of the changed in this respect. . 2, pursuant to the provisions of Section 12 ofthe City Charter, the second readingofthis ordinance by title is hereby dispensed with. , ATTEST: City Clerk. ('O¢dMwNC6M MLLNM�OYFLLLVLISTIRMPYaI�fgC ¢NNWOr, Pe unwrv, rt, HESCN[N YMr. A 6 S-AT0 PLC ArrnxxEVS-"i ,A BOANbAq VIFe:N�A 2bieN�9 SECOND AMENDED PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE. VIRGINIA IN RE: Rezoning of property totaling 3.998 acres, more or less, identified as 5490307 and further identified as 739 Townside Road SW, from LM Conditional (Light Manufacturing District) to C -2 (General Commercial District). TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioners, MARK S. LUCAS and LUCAS PHYSICAL THERAPY INC. are the contract purchasers of a parcel of property containing 3.998 acres, more or less, which is identified as Tax Map No. 5490307 and situate at 739 Townside Road SW; said tract being currently zoned LM Conditional (Light Manufacturing District). A location map of the property to be rezoned is attached hereto as Exhibit 1. A legal metes and bounds description of the property is attached hereto as Exhibit 2. A concept plan is attached hereto as Exhibit 3. Pursuant to Section 36.1 -690, Code of the City of Roanoke (1979), as amended, the Petitioners request that property containing 3.998 acres, more or less, which is identified as Tax Map No. 5490307, be rezoned from LM Conditional (Light Manufacturing District) to C -2 (General Commercial District), for the purpose of locating a medical office or medical clinic, general and professional offices, including financial institutions, personal service establishments and business service establishments thereon. The Petitioners believe the rezoning of said tract of land will further the intent and purposes of the City's Zoning Ordinance and its Comprehensive Plan, in that it will enable a parcel of land located at 739 Townside Road to be used for commercial purposes (general and professions; offices, including financial institutions, medical clinics, medical \t OLLY4SYSWSERS CeaumgaNneAZONINGLLU sAMO PET TO REZONE 2Aoc Marti 22, 2W5 Page I of 5 .nxxw r, vx"..' n, Hr�.m Y. , n,, 6 FEW zox, KC Anoancn.. W1t xonnanE, � x A 290 BOJ09 offices, personal service establishments and business service establishments) as other properties in the area are so utilized. Attached as Exhibit 4 are the names, addresses and tax numbers of the owners of all lots or property immediately adjacent to and immediately across a street or road from the property to be rezoned. The Petitioners request that the conditions existing on the subject property as adopted by Ordinance No. 36624 - 021704 and as set forth below be REPEALED: 1. The property shall be used only for mini warehouses, not to exceed a total of 48,000 s.f. 2. That no sign, including one painted on the side of a building, shall be visible from the adjacent expressway (220/581). 3. No outdoor storage shall be permitted on the property. 4. The buildings shall be earth tone in color. Earth tone shall be defined as any of various rich, wane colors with tones of brown; i.e., tan, taupe, wheat, beige, Navajo white, winter white, cream, ecru, almond and khaki. The Petitioners voluntarily SUBMIT the following proffers to be included as a part of the rezoning request: 1. That the property will be used solely as a medical office or medical clinic, general and professional offices, including financial institutions, personal service , establishments and business service establishments. 2. That the property will be developed according to the site plan prepared by Lumsden Associates, P.C. under date of January 31, 2005, revised March 3, 2005, to add the Tree Retention Area (attached hereto as Exhibit 3) subject to such changes as I may be required by the City Staff during the comprehensive development plan review process. WOLLY SVS'USERS CBaumgarcner'ZONI NGI. cas AMO PET TO REZONE 2.ecc March 22, 2005 Page 2 0' 5 i TERXOOOT, PRII A N. rt, NELSCXfR. YOST. Rfu 6 FEROUWN, PLC ARORNCSAl. A. 2NO aMA9 3. That no sign, including one painted on the side of a building, shall be visible from the adjacent expressway. 4. The following proffers shall relate to lighting: (A) Any outdoor light fixture shall be a full cutoff fixture or a decorative fixture with full cutoff optics. A "full cutoff fixture' shall mean an outdoor light fixture shielded in such a manner that all light emitted by the fixture, either directly from the lamp or indirectly from the fixture, is projected below the horizontal plane. A "decorative fixture with full cutoff optics" shall mean an outdoor light fixture with manufacturer - provided or manufacturer - installed full cutoff optics. (B) The spillover of lighting from any parking area on the subject property onto public rights -0f - -way or abutting property in residentially zoned districts shall not exceed one -half (0.5) foot candle at the property line. (C) Any outdoor lighting in parking areas shall not exceed twelve (12) j feet in height. The maximum height shall apply to the height of the I poles or other standards to which the fixtures are attached or the top most point of the fixture itself, whichever is higher. (D) Outdoor lighting information for the subject property shall be I submitted during comprehensive development review. Such information shall include the following: (i) Location of all outdoor lighting fixtures, including the manufacturers specifications, of the area to be lighted \VOLLr SVS.DSERS Ceaumgar i,. ZON: NGLLmas AMD PET TO REZONE 2. a March 22. 2005 Page 3 015 MOO CT, Px.0 , r, HE=.N. YOST, CU 6 rEKUS . PLC \nORNE�'S- AL -IAw pµ011E VII1w1 2<O Bf9 with such fixtures; (ii) Plans indicating the location on the property, and the type, of illuminating devices, fixtures, lamps supports, reflectors and other devices; (iii) Description of the illuminating devices, fixtures, lamps, supports, reflectors and other devices; (iv) Photometric data, such as that furnished by the manufacturers, showing the angle of cut off of light emissions; and (v) Other information as may be.deemed necessary by the Zoning Administrator to determine compliance with the lighting proffers. 5. Petitioners shall plant a minimum of fifteen (15) T caliper deciduous trees within the interior of the parking lot and maintain the same. 6. The primary exterior fagade of the new structures shall not be constructed of cinder blocks or metal siding. WHEREFORE, the Petitioners request that the above - described property be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this z�3 day of �A��F/ 2005. Applicants: �,RK LUC S MARK LUCAS 1VOLLYWSIUSERS\Cii.. gardned QN'NG`W.s AMD PET TO REZCNE 2, OC Page - f 5 Marc 22. 2W5 'sn.w+oc Pmwr.Rx, ,ran. nraercu. ro:+. uw[u.6 PLC R6µ0n[.,niani� Eh1�aaYw LUCAS PHYSICAL THERAPY, INC. H BY O�1-� Mark Lucas, resident Owner: EDGEHILL EST ITES APTS LLC BY Gilbe Butler, Member Edward A. Natt. Esq. OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, P.L.C. P. O. Box 20487 Roanoke, VA 24018 -0049 Phone: (540) 725-6180 Fax: (540) 774 -0961 VSB #1104 WOLLY YSWSERSWC umaM�ON VGtWTaR AMO PET TO REZONE 24 Paga 5a!5 MARY U 2005 ZONING DISTRICT MAP 1o4c5 73906'78 39 v 1390494 �O10, �i o 'J; 745 Townside Road SW i o 139579 °' y 1390403 ���30 3,0 Official Tax Parcels: 6490307 i 90- e z0 2 ®Area to be Rezoned 1390319 O p 00200 S O Zoning AP. Airport Dev � 13%1 7 O CO'. Commercial- General 2 — CLS. Commercie FLarge Site y -r CN. Commercial - Neighborhood �1-'9 1100 J90�0 D. Downtown 1 -1. Light Industrial l9p„ FQp - Z 1 -2: Heavy Industrial IN. Institutional dU� 4 F400219 It r r t r O INPUO . Institutional Planned Unit Dev 90pIy' 7900zyr - IPUD. Industrial Planned Unit Dev 4 24002 MX'. Mixed Use P � h Q 400 O MXPUD: Mixed Use Planned Unit Dev R -12'. Res Single- Family yt'J27? [.- R -3'. R s 5'ngle- Family Av R -5'. Res Single - Family D, R-7 Res Single - Family y Ric Res- Agricultural 0 RM -b. Res Mixed Density RM -2 Res Mixed Density RMP Res Multifamily /` A HNtAYlO ^ O oar ROS: Recreation and Open Space y ?� UP Urban Flex r Conditional Zoning E� i PP 0 200 400 Feet +� r' m SA�pzA CITY OF ROANOKF OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Rnoan 456 Roanoke, Virginia 24611 -1536 '1 dr,,[ ne: (540) 853 -2541 Fun (5411)853 -1145 Sl'EI'IIANiE M. MOON REYNOLDS, MMC E -moil: elerk(alrnn,mknn.,v CECELIARM('COY City Clerk neon, City Clerk December 20, 2016 RandalJ.Johnson 2729 Plantation Road, N. E. Roanoke, Virginia 24012 Dear Mr. Johnson: CECELIA T. WEBB, CIVIC A,,N nt neynty Car Clerk I am enclosing Ordinance No. 40732 - 121916 permanently vacating, discontinuing and closing an approximately 500 square foot semi - circular extension on the west side of an undeveloped 10 foot alley that extends from Connecticut Avenue, to, and intersecting with, another undeveloped 10 foot alley extending from Plantation Road, N.E, such semi - circular extension adjacent to only Official Tax Map No. 3040719. Furthermore, prior to receiving all required approvals of the subdivision plat referenced in the previous paragraph, you shall give to the Treasurer for the City of Roanoke a certified check or cash in the amount of one thousand dollars ($1,000.00) as consideration pursuant to §15.2 -2008, Code of Virginia (1950), as amended, for the vacated right -of -way. Lastly, if the above conditions have not been met within a period of one year from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, December 19, 2016; and is in full force and effect upon its passage. Sincerely, Stephanie A M. M� oon Re �o s� , C City Clerk Enclosure RandalJ.Johnson December 20, 2016 Page 2 Reliable Tank Line, LLC, P. O. Box 2736, Winston Salem, North Carolina 27102 JD Investment Enterprises, LLC, 2159 Labellevue Lane, Roanoke, Virginia 24012 Djdko Holdings, LLC, 1530 Plantation Road, N. E., Roanoke, Virginia 24012 Estes Express Lines, 3601 West Broad Street, Richmond, Virginia 23230 The Honorable Brenda Hamilton, Clerk of the Circuit Court The Honorable Evelyn W. Powers, City Treasurer Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Steven J. Talevi, Assistant City Attorney Philip Schirmer, City Engineer Susan Lower, Director of Real Estate Valuation Ian Shaw, Agent, City Planning Commission Tina Carr, Secretary, City Planning Commission IN 9l III C'Ol1NC'II, OP "1'I II? CITY ()I: ROANOKI:, VIRGINIA The 19th day of Decem6ur, 2016. No. 40732 - 121916. AN ORDINANCil permmacntly vacating, discontinuing and closing am approximatcly 500 foot semi- circular extension oJ'a public right -of -way on the west side of an undeveloped 10 loot alley that extends from Connecticut Avenue, N.E., to, and intersecting with, arluther undeveloped 10 foot alley extending I}om Plantation Road, N.E, as more Particularly described hereinafter; and dispensing with the second leading of this ordinance by title. WHEREAS, Randal Johnson filed an application with the Council of the City of Roanoke, Virginia ( "City Council "), in accordance with law, requesting City Council to permanently vacate, discontinue and close a certain public right -of -way described hereinafter; WHEREAS, the City planning Commission, after giving proper notice to all concerned as required by §30 -14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public (rearing was held on such application by City Council on December 19, 2016, after due and timely notice thereof as required by §30 -14, Code of the City of Roanoke (1979), as amended, at which hearing all patties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right -of -way have been properly notified; and WIIIfM AS, hom all of the foregoing, (,ity (,ouneil considers that no inconvenience will result to Lilly individual or to the public from permanently vacating, discontinuing and closing such public right -of -way. '111FRITO[W, 111; 1'1' ORDAINFID by the Council of the City of Roanoke, Virginia, that the public right -of -way sllualc in the City of Roanoke, Virginia, and more particularly described as [()flows: an approximately 500 square foot semi- circular extension on the west side of an undeveloped 10 foot alley that extends from Connecticut Avenue, N.E., to, and intersecting with, another undeveloped 10 fool alley extending from Plantation Road, N.F., such semi - circular extension adjacent to only Official Tax Map No. 3040719, be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as City Council is empowered so to do with respect to the closed portion of the right- of-way, reserving however, to the City of Roanoke and any utility company or public authority, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas, telephone service, or stormwater, an easement for sanitary sewer and water mains, television cable, electric wires, gas lines, telephone lines, stormwater facilities, and related facilities that may now be located in or across such public right -of -way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment 2 of use or pa'mancnl removal from the above - described public right -orway of any such municipal installation of other utility or facility by the owner thereof. BI? I'f H)WH IER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Rnanoke, a subdivision plat, with such plat combining all properties which would otherwise dispose of the land within the right -of -way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right -of -way. BE IT FURTHER ORDAINED that prior to receiving all required approvals of the subdivision plat referenced in the previous paragraph, the applicant shall give to tine Treasurer for the City of Roanoke a certified check m cash in the amount of one thousand dollar ($1,000.00) as consideration pursuant to §15.2 -2008, Code of Virginia (1950), as amended, for the vacated right -of -way. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in such Clerk's Office, indexing the sane in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the applicant, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, whore deeds arc recorded in such CI crk's Office, lIto will 1110 City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonsh'nting that such recordation has occurred. BF If' FUR 'I'fIFR ORDAINED that if the ahove conditions have not been met within a period of one year for, the date of the adoption of this ordinance, then such ordinance shall be null and void with no hither action by City Council being necessary. BE IT FINALLY ORDAINED that pursuant to the provisions of §12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City C elk. rd CITY COUNCIL AGENDA REPORT 1W To: Honorable Mayor and Members of City Council Meeting: December 19, 2016 Subject: Request by Randal Johnson to vacate an approximately 500 foot semi - circular extension on the west side of an undeveloped 10 foot alley that extends from Connecticut Avenue, N.E., to, and intersecting with, another undeveloped 10 foot alley extending from Plantation Road, N.E., such semi - circular extension adjacent to only Official Tax Map No. 3040719. Recommendation The Planning Commission held a public hearing on Monday, December 12, 2016. By a vote of 5 -0, the Commission recommended approval for the vacation of right -of -way as requested contingent upon the following conditions The applicant shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals of, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Such plat shall combine all properties which would otherwise dispose of the land within the right -of -way to be vacated in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right -of -way, including the right of ingress and egress. In coordination with the vacation, the applicant will pay $1 ,000 for the vacation of the public's right to use the portion of the subject right of way. 2. Upon meeting all conditions to the granting of the application, the applicant shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the petitioner, and the names of any other parties in interest who may so request, as Grantees. The applicant shall pay such fees and charges as are required by the Clerk to effect such recordation. 3. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant shall file with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. 4. If the above conditions have not been met within a period of one year from the date of adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. Application Information Request: Alley Vacation Owner: Randal Johnson Applicant: Same as above City Staff Person: Wayne Leftwich Official Tax Nos. of surrounding prolverties 3040719, 3040720, Sr 3040707 Site Area: Approximately 500 square feet Existing Zoning : 1 -1 Light Industrial Proposed Zoning: 1 -1 Light Industrial Existing Land Use: Light Industrial /Commercial Proposed Land Use: Light Industrial /Commercial Neighborhood Plan: Williamson Road Area Plan Specified Future Land Use: Light Industrial /Commercial Filing Date: October 13, 2016 Background The applicant seeks to vacate an approximately 500 square foot semi - circular extension on the west side of an undeveloped 10 foot alley that extends from Connecticut Avenue, N.E., intersecting another undeveloped 10 foot alley extending from Plantation Road, N.E., such semi - circular extension adjacent to only Official Tax Map No. 3040719. The portion of the alley to be vacated was dedicated to the City of Roanoke pursuant to the terms of a closure which was the subject of Ordinance No. 29146, adopted on June 20, 1988. The applicant is seeking vacation in order to expand a building that the applicant built for Sherman Williams in 1995. The Sherman Williams building is used for distribution of paint and is approximately 8,000 square feet in area. The anticipated expansion would add between 6,000 to 9,000 square feet to the building. Considerations The vacated alley will be purchased from the City for $1,000 with ownership transferred to the applicant as the adjacent property owner. The applicant, Randal Johnson, is the legal owner of Official Tax Map No. 3040719. Surrounding Zoning and Land Use: Zoning District Land Use North 1 -1 Light Industrial Light Industrial /Commercial South 1 -1 Light Industrial Light Industrial /Commercial East 1 -1 Light Industrial Light Industrial /Commercial West 1 -1 Light Industrial Light Industrial /Commercial Conformity with the Comprehensive Plan and Neighborhood Plan The City's Comprehensive Plan states that Roanoke will have a sustainable, diverse economic base and supports revitalization of underutilized commercial and industrial sites. The proposed alley vacation will help the expansion of a business through utilization of vacant and underutilized property. The Williamson Road Area Plan defines the desired future land use of the area as Light Industrial /Commercial. The proposed alley vacation is consistent with this policy. Public Utilities: No comments. City Department Comments Economic Development has no objections to the alley vacation. The Fire Department stated that it has no comments regarding the alley vacation. Public Comments: David Ostrom Jr., representing DJDKO Holdings LLC, as legal owner of the property to the east of the 10 foot alley extending north from Connecticut Avenue, N.E., Official Tax Map No. 3040720, called to ask questions and expressed his full support for the vacation of the right -of -way as requested by the applicant. Planning Commission Work Session: No comments. Planning Commission Public Hearing No comments. Conclusion The Application is consistent with the City's Comprehensive Plan and the Williamson Road Area Plan. Kermit Hale, Chair City Planning Commission cc: Chris Morrill, City Manager R. Brian Townsend, Assistant City Manager Chris Chittum, Director of Planning Building & Development Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Randal Johnson r� APPLICATION STREET OR ALLEY VACATION ROANOKE Date: �c'� /trte/ To: Office of the City Clerk VOriginal Application Fourth Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. ❑ Amended Application Roanoke, VA 24011 No. _ Phone: (540) 853 -2541 Fax: (540) 853 -1145 Ali submittals must be typed and include all required documentation and a check for the ,riling fee. Application is hereby submitted for street or alley vacation for the property located at: Location and description of street or alley to be closed: &.1,r,. xe' Proposed use of f vacated street or alley: emu. /f � Name of Applicant/Contact Person: Mailing Address: Telephone:( ) Srif-S' Fax: ( ) E -mail: / ZZe1L-K_1 &W_ry, �,y Applicant(s) signature(s): ' //i y From: Randal Johnson 2729 Plantation Rd Roanoke, VA 24012 To: Office of the Clerk Fourth Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Dear Sir /Madam I would like to apply to close a small portion of an alley owned by the City of Roanoke. The alley is adjacent to property I own on Connecticut Avenue and between Plantation Road and 6th Street NE. The alley lies between tax map number 3040719 which I own, and 3040720 which is my neighbor on the east side. The alley has never been developed and is not used or usable. The reason for closing this small portion which I have highlighted on an accompanying map in red while the property I own is highlighted in green, is so I can expand a building I built for Sherwin Williams in 1995. The Sherwin Williams building which is used for distribution of paint is 8,000 square feet and the proposal is to expand it to either 14,000 square feet or 17,000 square feet. An architect is working on two proposal sets of plans now. The location has taken on new territory and Sherwin Williams has purchased another point company which will be distributed out of this building as well. I have spoken to Wayne Leftwich with Roanoke City Planning, Building, A Development about this matter. Since, 1' %� Randal Johnson A O Z z rn 1 L A �D rn C rn Z rn Co" STREET, N.E. (FORMERLV WENOw H ST.) 50' R/W 00 05• E — 2t 0.0o' r { v !± N '.., m i D Da N D y 0 N m `1 + 0 a 0 -b0 -OS W I J 125.00 N U! p 6000 m (p `} ENO - -� .N N ON � I rp 'o £ y A_ ____ p x O O N m _n 0 o z O - - -� � D - ---- A ' O < O m om t w t A - 1 0 --- r D A 00 C A m N c KIMBALL AVENUE, N.E. (FORMERLY ONIEDA 57.) m 0 3 ri oD A 3 mz �n A A D E a rrnn ➢Z. �ro m• Z rn 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 Faa: (540) 853 -1145 &mail: elerk@manekeva.Vy October 18, 2016 Tina Carr, Secretary City Planning Commission Roanoke, Virginia Dear Ms. Carr: RECEIVED OCT 19 2016 CITY OF ROANOKE PLANNING BUILDING B DEVELOPMENT CECELIA F. MCCOY Deputy City Clerk CECELIA T. WEBB, CMC Assimut Deputy City Clerk I am attaching a copy of an Application for Street or Alley Vacation from Randal Johnson requesting that an undeveloped portion of an alley, designated as Official Tax Map Nos. 3040719 and 3040720, be vacated and closed in order to expand an existing business. Sincerely, Stephanie M. Moon Reyno ds, MMC City Clerk Enclosure pc: Randal J. Johnson, 2729 Plantation Road, N. E., Roanoke, Virginia 24012 The Honorable Mayor and Members of the Roanoke City Council Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, City Engineer Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney RECEIVED DEC 12 2016 OITY OF ROANOKE PUNNING BUILDING a DEVELOPMENT CITY OF ROANOKE POV Alm Tina M Carr 215 CHURCH AVE ROOM 166 ROANOKE, VA 26011 The Roanoke Times Roanoke, Virginia Affidavit of Publication Account Number 6011639 Date December 06, 2016 Date Category Dasrnp0on Ad! Size Total Cost 12/1212016 Propos -Sid Bids -RFP PUBLIC HEARING NOTICE Al public hearings advertised hei 1 x 168 L 1,419.16 Publisher of the Roanoke Times 1, (the undersigned) an authorized representative of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice PUBLIC HEARING NOTICE A was published in said newspapers on the following dates: 1109 12/0612016 The First insertion being given ... 1 112 912 01 6 Newspaper reference: 0000431353 I 1 6 % _ 1'1�. . I Sworn to and subscribed before me this Tuesday, December 6, 2016 Notary Publi State of Virginia City /County of Roanoke My Commission expires THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU PUBLIC NEARING NOTICE An Public hearings adval herein will be held In the City Caunell Chamber, Iwtlh Poor, Room 450. Noel C. Taylor Munkmal Building, 215 institutiow J l an Church Ali., S.W. Roanoke. Vansuomalio: illi,dal All applications am available accessory: with for review in We Planning, Wilding And specified and a Development take, Room 156, 215 ratio of 5.0. TN Church Avenue, S.W., Roanoke, deeigmtes da Virginal. Industrial use, t The City of Roanoke Planning Commission will hold "Vic Natural on December 12, 2016, at 130 p.m., or as man as We Pamirs may be heard, to cord der Mese appiialions: to i The lohnson to No. Tina M. Carr, Secretary. C'rly Planning Cona lsslan City Council will halt public hearings an the aknomid Al llcaPnns on December 19. 2016, at 2730 p m., or es sum as the matters may be heard. Any person war A tliutlity mould, any special attammodatim to attend or pmhapate In the nesi shwd em act We City Clerk's office at (SM) 8532541 At least five days prior to the schimuled hear his Stephanie M. Moon Reynolds, MMC. City Clerk (437353) \�4 � ryro 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. The City of Roanoke Planning Commission will hold public hearings on December 12, 2016, at 1:30 p.m., or as soon as the matters may be heard, to consider these applications: Application by Puppyland, Ltd., to rezone the property from I -I, Light Industrial District, with conditions, to CG, Commercial- General District, with conditions, and amend the conditions proffered as part of a previous rezoning at 745 Townside Road, S.W., bearing Official Tax Map No. 5490307. The amendments to the proffers accepted by the adoption of Ordinance No. 37023 - 041805 on April 18, 2005, propose to replace the list of permitted uses with the following: business service establishment, not otherwise listed; financial institution; laboratory, dental, medical, or optical; laboratory, testing and research; medical clinic; office, general and professional; animal hospital or veterinary clinic, no outdoor pens or runs; kennel, no outdoor pens or runs; mixed -use building; bakery, confectionary, or similar food production, retail; contractor or tradesman's shop, general or special trade; personal service establishment, not otherwise listed in this table; pet grooming; retail sales establishment, not otherwise listed; workshop; eating establishment; health and fitness center; day care center, adult; day care center, child; educational facilities, business school or nonindustrial trade school; educational facilities, industrial trade school; educational facilities, school for the arts; and accessory uses, not otherwise listed in this table as permitted uses. The amendments to the proffers also propose to remove the requirement that development will be in accordance to a site plan for the property revision dated March 3, 2005; remove restriction for signage painted on the side of the building; delete the outdoor lighting submittal requirement during comprehensive development review; remove the tree planting requirement within the parking lot; and remove the requirement regarding metal siding material for construction of a new structure. The use classes permitted in the Commercial - General District include accommodations and group living; commercial; industrial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory; with no maximum density specified and a maximum floor area ratio of 5.0. The comprehensive plan designates the property for light industrial use, but does not specify density. The proposed use of the property is a kennel, with no outdoor pens or runs. Application from Randal Johnson to vacate an approximately 500 square foot semi - circular extension on the west side of an undeveloped 10 foot alley that extends from Connecticut Avenue, N.E., to, and intersecting with, another undeveloped 10 foot alley extending from Plantation Road, N.E., such semi- circular extension adjacent to only Official Tax Map No. 3040719. The portion of the alley to be vacated was dedicated to the City of Roanoke pursuant to the terms of a closure which was the subject of Ordinance No. 29146, adopted on June 20, 1988. Application by Blue Eagle Credit Union to rezone the properties at 1430 and 0 Hershberger Road, N.W., bearing Official Tax Nos. 2280801 and 2280803, respectively, from MX, Mixed - Use District, to CG, Commercial - General District, with conditions. The land use categories permitted in the Commercial- General District include accommodations and group living; commercial; industrial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory; with no maximum density specified and a maximum floor area ratio of 5.0. The comprehensive plan designates the properties for small and medium scale commercial use, but does not specify density. The proposed uses of the properties are financial institution and drive - through facility. Tina M. Carr, Secretary, City Planning Commission City Council will hold public hearings on the aforesaid applications on December 19, 2016, at 7:00 p.m., or as soon as the matters may be heard. Any person with a disability requiring any special accommodation to attend or participate in the hearings should contact the City Clerk's office at (540) 853 -2541 at least five days prior to the scheduled hearing. Stephanie M. Moon Reynolds, MMC, City Clerk Please publish in newspaper on Tuesday, November 29, 2016, and Tuesday, December 6, 2016. Please bill and send affidavit of publication to: Tina M. Carr Secretary to the Board of Zoning Appeals Secretary to the Planning Commission Planning Coordinator Planning, Building & Development City of Roanoke Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 166 Roanoke, VA 24011 540/853 -1330 tina. carrP roanokeva.gov Please send affidavit of publication to: Stephanie M. Moon Reynolds, MMC, City Clerk 215 Church Avenue, S.W., Suite 456 Noel C. Taylor Municipal Building Roanoke, Virginia 24011 -1536 540/853 -2541 STEPHANIE M. MOON REYNOLDS, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Chnrch Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 'Telephone: (540) 853 -2541 Fnx: (540)853 -1145 E -niniL elerk(�0rou „okevn.gnv December 5, 2016 RandaIJ.JOhnson 2729 Plantation Road, N. E. Roanoke, Virginia 24012 Dear Mr. Johnson: CEC'ELIA F. MCCOY Deputy City Clerk CECELIA T. W EBB, CMC Assistant Deputv City Clerk A public hearing has been advertised to be heard by the City Planning Commission on Monday, December 12, 2016 at 1:30 p.m., in the Council Chamber, Fourth Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request by Randal Johnson to vacate an approximately 500 square foot semi - circular extension on the west side of an undeveloped 10 foot alley that extends from Connecticut Avenue, N.E., to, and intersecting with, another undeveloped 10 foot alley extending from Plantation Road, N.E., such semi - circular extension adjacent to only Official Tax Map No.3040719. Pursuant to provision of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing also has been scheduled to be held on Monday, December 19, 2016 at 7:00 p.m. before the Roanoke City Council in the Council Chamber, depending upon formal action taken by the City Planning Commission on Monday, December 12, 2016. Action taken by the City Planning Commission may be viewed on the City's webpage, www.roanokeva aov, under "Roanoke Planning Commission News ". If you have questions regarding the Planning Commission public hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540) 853 -1730. Questions regarding the City Council public hearing may be directed to the City Clerk's Office at (540) 853 -2541. Sincerely, Stephanie M. Moon Reynolds, MM City Clerk Enclosure G� S'1'EI'INNIE M. MOON REYNOLDS, MM(' CH) Clerk CITY OF ROANOKE OFFICE OF'FHE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 240114536 'rekEh.,,e: (541) 853 -2541 IO,x: (5411)X53 -1145 6 -nmil: elerk(n:mnnakevn.Rnv December 5, 2016 Reliable Tank Line, LLC, Djdko Holdings, LLC J D Investment Enterprises, LLC Estes Express Lines Dear Ladies and Gentlemen: CECELIA F. MCCOV Delmly City Clerk CECELIA T. W EBB, CMC A,,j, n[ De,(, City Clerk A public hearing has been advertised to be heard by the City Planning Commission on Monday, December 12, 2016 at 1:30 p.m., in the Council Chamber, Fourth Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request by Randal Johnson to vacate an approximately 500 square foot semi - circular extension on the west side of an undeveloped 10 foot alley that extends from Connecticut Avenue, N.E., to, and intersecting with, another undeveloped 10 foot alley extending from Plantation Road, N.E., such semi - circular extension adjacent to only Official Tax Map No. 3040719. Also, pursuant to provision of Resolution No. 25523 adopted by the Council of City of Roanoke on Monday, April 6, 1981, a public hearing regarding the abovementioned matter has been scheduled to be heard before the Roanoke City Council on Monday, December 19, 2016 at 7:00 p.m., in the Council Chamber, pending formal action by the City Planning Commission. Action taken by the City Planning Commission may be viewed on the City's webpage, www.roanokeva.gov, under "Roanoke Planning Commission News ". This letter is provided for your information as an interested party and /or adjoining property owner. If you have questions regarding the Planning Commission public hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540) 853 -1730. Questions regarding the City Council public hearing may be directed to the City Clerk's Office at (540) 853 -2541. Sincerely, N. �Vn PIA Stephanie M. Moon Reynolds, MMC City Clerk Enclosure pc: Chris Craft, President, Wildwood Civic League, P. O. Box 12804, Roanoke, Virginia 24028 December 20, 2016 Corbin L. White Caldwell White Associates P. O. Box 6260 Roanoke, Virginia 24017 Dear Mr. White: CECELIA T. W EBB, CMC Assistant Deputy City Clerk I am enclosing copy of Ordinance No. 40733 - 121916 rezoning Official Tax Map Nos. 2280801 and 2280803 located at 1430 Hershberger Road, and 0 Hershberger Road, from MX, Mixed Use District, without conditions, to CG, Commercial - General District, subject to certain conditions proffered by the applicant, as set forth in the Zoning Amendment Amended Application No. 2 dated December 1, 2016. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, December 19, 2016; and is in full force and effect upon its passage. Sincerely, Stephanie n Reyt, MMC City Clerk Enclosure c: Blue Eagle Credit Union, Attention: Jeff Thompson, 2121 Electric Road, S. W., Roanoke, Virginia 24018 Tacoma, Inc., 328 East Church Street, Martinsville, Virginia 24112 Southwestern Telco Federal Credit Union, 2121 Electric Road, S. W., Roanoke, Virginia 24018 Sau Danh, 3646 Brambleton Avenue, S. W., Roanoke, Virginia 24014 Billy C. and Emma G. Franklin, 4851 Eden Drive, N. W., Roanoke, Virginia 24012 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, 5. W., Room 456 Roanoke, Virginia 24011 -1536 "relephoae: (540)8532541 Faa: (540)853 -1145 SI'EFIIANIE M. MOON REYNOLDS, MMC E -mull: eva.pnv CEC'ELIA F. MCCOY City Clerk Deputy City Clerk December 20, 2016 Corbin L. White Caldwell White Associates P. O. Box 6260 Roanoke, Virginia 24017 Dear Mr. White: CECELIA T. W EBB, CMC Assistant Deputy City Clerk I am enclosing copy of Ordinance No. 40733 - 121916 rezoning Official Tax Map Nos. 2280801 and 2280803 located at 1430 Hershberger Road, and 0 Hershberger Road, from MX, Mixed Use District, without conditions, to CG, Commercial - General District, subject to certain conditions proffered by the applicant, as set forth in the Zoning Amendment Amended Application No. 2 dated December 1, 2016. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, December 19, 2016; and is in full force and effect upon its passage. Sincerely, Stephanie n Reyt, MMC City Clerk Enclosure c: Blue Eagle Credit Union, Attention: Jeff Thompson, 2121 Electric Road, S. W., Roanoke, Virginia 24018 Tacoma, Inc., 328 East Church Street, Martinsville, Virginia 24112 Southwestern Telco Federal Credit Union, 2121 Electric Road, S. W., Roanoke, Virginia 24018 Sau Danh, 3646 Brambleton Avenue, S. W., Roanoke, Virginia 24014 Billy C. and Emma G. Franklin, 4851 Eden Drive, N. W., Roanoke, Virginia 24012 Corbin L. White Caldwell White Associates December 20, 2016 Page 2 BNC Bank - Finance Department, 3980 Premier Drive, Suite 210, High Point, North Carolina 27265 BNC Bank - Finance Department, 3980 Premier Drive, Suite 210, High Point, North Carolina 27265 Mark Wayne Dillon, 4856 Eden Drive, N. W., Roanoke, Virginia 24012 Evelyn F. Meadors, 4852 Eden Drive, N. W., Roanoke, Virginia 24012 Fairway Roanoke LLC, P. O. Box 840, Roanoke, Virginia 24004 -0840, Ninety Nine Lafayette Avenue Realty, 919 E Main Street, 14th Floor, Richmond, Virginia 23219 Cook Out Roanoke, Inc., 15 Laura Lane, Suite 300, Thomasville, North Carolina 27360 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Steve J. Talevi, Assistant City Attorney Susan Lower, Director of Real Estate Valuation Philip Schirmer, City Engineer Ian Shaw, Agent, City Planning Commission Tina Carr, Secretary, City Planning Commission �v IN'I'1IF, COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of December, 2016. No. 40733 - 121916. AN ORDINANCE to rezone certain properties located at 1430 Hershberger Road, N.W., and 0 (zero) Hershberger Road, N.W., from MX, Mixed Use District, without conditions, to CG, Commercial- General District, subject to certain conditions proffered by the applicant; and dispensing with the second reading of this ordinance by title. WHEREAS, Jeff Thompson, on behalf of Blue Eagle Credit Union, has made application to the Council of the City of Roanoke, Virginia ( "City Council "), to have the properties located at 1430 Hershberger Road, N.W., and 0 (zero) Hershberger Road, N.W., bearing Official Tax Map Nos. 2280801 and 2280803, respectively, rezoned from MX, Mixed Use District, without conditions, to CG, Commercial- General District, subject to certain conditions; 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 December 19, 2016, 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 Puente with pmfRre -1430 Hershberger R.d Doc 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 properties, and for those reasons, is of the opinion that the hereinafter described properties should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that Official Tax Map Nos. 2280801 mid 2280803 located at 1430 Hershberger Road, N.W., and 0 (zero) Hershberger Road, N.W., respectively, be, and are hereby rezoned from MX, Mixed Use District, without conditions, to CG, Commercial - General District, subject to certain conditions proffered by the applicant, as set forth in the Zoning Amendment Amended Application No. 2 dated December 1, 2016. 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: rrph, City Clerk. �/ Rezone with )rowers-] 430 rlershberger Road.doc 2 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: December 19, 2016 Subject: Application by Blue Eagle Credit Union to rezone the properties at 1430 and 0 Hershberger Road, N.W., bearing Official Tax Nos. 2280801 and 2280803, respectively, from MX, Mixed -Use District, to CG, Commercial - General District, with conditions. Recommendation The Planning Commission held a public hearing on Monday, December 12, 2016. By a vote of 5 - 0, the Commission recommended approval of the rezoning request, finding that the Amended Application No. 2 is consistent with the City's Comprehensive Plan, Williamson Road Area Plan, and Zoning Ordinance as the subject property will be used in a manner appropriate to the surrounding area. Application Information Request: Rezoning with Proffered Conditions Owner: Jeff Thompson, Blue Eagle Credit Union Applicant: Jeff Thompson, Blue Eagle Credit Union Authorized Agent: Corbin White, Caldwell White Associates City Staff Person: Katharine Gray, Land Use and Urban Design Planner Site Address /Location: 1430 and 0 Hershber er Road, N.W. Official Tax Nos.: 2280801 and 2280803 Site Area: 0.364 acres Existing Zoning: MX, Mixed Use District Proposed Zoning: CG, Commercial - General District, with conditions Existing Land Use: Financial institution with drive-through facility Proposed Land Use: Financial institution with drive-through facility Neighborhood Plan: Williamson Road Area Plan Specified Future Land Use: Small & Medium Scale Commercial Filing Date: Original Application: October 31, 2016 Amended Application No. 1: November 18, 2016 Amended Application No. 2: December 01, 2016 Background There has been a bank on the southeastern corner property at the intersection of Hershberger Road and Eden Drive since 1980. In the 2005 Comprehensive Rezoning, the base zoning district changed from C -1, Office District, to MX, Mixed Use District. While a financial institution was permitted in the C -1 District, it is not permitted in the current MX District. Therefore, the use became nonconforming and the ability to expand the use on the property is limited. Historically, the financial institution has occupied half the building with another office use in the remainder of the building. The credit union that currently occupies the building would like to occupy the entire building and move the ATM drive - through to the Eden Drive side of the building. As a nonconforming use, an expansion to the financial institution of this magnitude is not permitted. In October of 2016, the applicant's authorized agent met with staff to discuss the possibility of amending the zoning of the property to permit a larger variety of uses. The applicant subsequently filed an application to rezone the property at 1430 and 0 Hershberger Road, N.W., bearing Official Tax Nos. 2280801 and2280803, to CG District, with conditions. The proposed use remains a financial institution with a drive - through facility. In November of 2016, the applicant filed amended applications amending the list of uses permitted, clarifying landscaping, and adding landscaping. Proffered Conditions The conditions proposed on the subject properties are proposed to: • Limit the uses allowed on the property. • Require landscaping between the drive - through and the abutting street and abutting residential property. • Limit signage. • Require a 15 foot building setback along the rear property line. • Restrict the floor area ratio to 1.0. Considerations The property has served the community as a financial institution for over 30 years. While the property is located on one of the most heavily trafficked commercial corridors in Roanoke, it also directly abuts single family residences in a residential zoning district. Surrounding Zoning and Land Use: Compliance with the Zoning Ordinance: The purpose of the CG District is to permit motor vehicle dependent uses that are generally developed as single use developments on individual lots, subject to landscaping, access, and signage standards. Such development is generally characterized by individual curb cuts, access drives, and signage. It is intended that this district be applied primarily along heavily traveled arterial streets, with an emphasis on clustering such development at major intersections. While recognizing the motor vehicle traffic generated by the uses permitted in this district, it is the intent of the regulations of the district to encourage and recognize pedestrian access and public transit forms of transportation by locating parking to the side and rear of buildings and minimizing conflict through landscaping and signage standards. The uses permitted in this district generally require a high volume of traffic along the frontage of the establishment and include horizontally oriented buildings. Such permitted uses include general retail establishments, offices, service establishments, motor vehicle related sales and service, eating establishments, and entertainment uses. The CG District is also intended to accommodate travel- oriented uses such as hotels, motels, and gasoline stations. The future development of the property is subject to dimensional and development standards of the ordinance and if the rezoning is approved, would be subject to the additional proffers restricting land use and development. Conformity with the Comprehensive Plan and Neighborhood Plan Both Vision 2001 -2020 and the Williamson Road Area Plan encourage the redevelopment of existing properties within existing commercial zoning districts. The existing financial institution seeks to expand to fully occupy the existing commercial building along Hershberger Road, but cannot as the use is nonconforming. The rezoning with the addition of proffered conditions will allow the use of the property in a manner appropriate to the surrounding area. Relevant policies and action items in the comprehensive plan include: Zoning District Land Use North CG, Commercial - General District, Retail sales establishments, eating with conditions and CLS, establishments, financial Commercial-Large Site District institutions South R -7, Residential Single - Family Dwelling, single - family, detached District East CG, Commercial - General District, Personal service establishment, with conditions retail sales establishment, and eating establishment West MX, Mixed Use District, and R -7, Financial institution and Residential Single-Family District Dwelling, single-family, detached Compliance with the Zoning Ordinance: The purpose of the CG District is to permit motor vehicle dependent uses that are generally developed as single use developments on individual lots, subject to landscaping, access, and signage standards. Such development is generally characterized by individual curb cuts, access drives, and signage. It is intended that this district be applied primarily along heavily traveled arterial streets, with an emphasis on clustering such development at major intersections. While recognizing the motor vehicle traffic generated by the uses permitted in this district, it is the intent of the regulations of the district to encourage and recognize pedestrian access and public transit forms of transportation by locating parking to the side and rear of buildings and minimizing conflict through landscaping and signage standards. The uses permitted in this district generally require a high volume of traffic along the frontage of the establishment and include horizontally oriented buildings. Such permitted uses include general retail establishments, offices, service establishments, motor vehicle related sales and service, eating establishments, and entertainment uses. The CG District is also intended to accommodate travel- oriented uses such as hotels, motels, and gasoline stations. The future development of the property is subject to dimensional and development standards of the ordinance and if the rezoning is approved, would be subject to the additional proffers restricting land use and development. Conformity with the Comprehensive Plan and Neighborhood Plan Both Vision 2001 -2020 and the Williamson Road Area Plan encourage the redevelopment of existing properties within existing commercial zoning districts. The existing financial institution seeks to expand to fully occupy the existing commercial building along Hershberger Road, but cannot as the use is nonconforming. The rezoning with the addition of proffered conditions will allow the use of the property in a manner appropriate to the surrounding area. Relevant policies and action items in the comprehensive plan include: ED P6. Commercial development. Roanoke will encourage commercial development in appropriate areas (i.e., key intersections and centers) of Roanoke to serve the needs of citizens and visitors. ED A26. Identify underutilized commercial sites and promote revitalization. The Williamson Road Area Plan recognizes the need for the redevelopment of commercial sites within the Williamson Road area. The property is part of an area along a commercial corridor that has had a commercial use for nearly 40 years. Relevant policies and action items in the neighborhood plan include: Community Design Policies Commercial zoning: General commercial and light industrial zoning will be limited within the area to locations where existing land uses and scale of development reflect the purpose of those zoning districts. In areas between identified nodes /clusters, zoning should be changed to less intense uses such as light commercial or residential. Future expansions of general commercial zoning will be discouraged except where they reinforce identified nodes or strategic initiatives. Relationships between commercial and residential uses can and should be harmonious. Businesses, as the more intense of the uses, should design their sites to ensure the necessary activities of commerce do not spill over to residential properties. Economic Development Policies A network of commercial nodes will be established along major corridors. Areas between these centers will be encouraged to transition to lower intensity commercial uses, high density residential uses, or a mixture thereof. Public Comment Summary There have been general inquiries regarding the project, but no comments. Planning Commission Work Session (October 7 2016) The following items were discussed in the Planning Commission work session: The proffered conditions regarding landscaping between the proposed drive through facility and Eden Drive should be clarified regarding the spacing and size of trees. Screening between the drive -thru and the parcel No. 2280814 should be considered to buffer the adjacent property from the relocated drive through facility (e.g, headlight intrusion). Trees and shrubs along the first forty feet of that property line would be appropriate. The Applicant subsequently filed Amended Application No.l and Amended Application No. 2 revising the list of uses permitted, clarifying landscaping between the proposed drive through and Eden Drive, and adding a proffer for additional landscaping between the proposed drive - through and the abutting residential property. Conclusions and Recommendations As previously noted, the property has served the community as a financial institution for over 30 years on one of the most heavily trafficked commercial corridors in Roanoke. Both Vision 2001 -2020 and the Williamson Road Area Plan encourage the redevelopment of existing commercially zoned properties to maximize their potential in a manner respectful of the surrounding area. The proposed uses for the property are low intensity commercial uses within the CG District and are appropriate for the transition area between the more intensive commercial uses to the north and residential area to the south. The proposed change to a CG district, with the conditions proffered by the applicant, is appropriate. Planning Commission Public Hearing (December 12 2016): No public comment was received. Planning Commission questioned the lack of public comment due to proximity of the change to residences. The applicant listed their communications with the Greater Grandview Area Neighborhood Watch Association and an adjacent property owner over the past several weeks. Staff noted that the two amendments to the application were made to address the concerns heard by the neighborhood and at the work session. Kp,hut 11a&1j,,. Kermit Hale, Chair City Planning Commission cc: Chris Morrill, City Manager R. Brian Townsend, Assistant City Manager Chris Chittum, Director of Planning Building & Development Ian D. Shaw, Planning Commission Agent Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Jeff Thompson, Blue Eagle Credit Union Corbin White, Caldwell White Associates Zoning Amendment MM Application RECEIVE Depadment of Planning, Bulking and Development DEC 0 12016 ROA N O K E Room 166, Neel C. Taylor Munidpal Bulking CITY OF ROANOKE 215 Church Avenue, S.W. PLANNING BUILDING & Click Here to Print Roanoke, Virginia 24011 DEVELOPMENT Phone: (540) 8531730 Far (540) 6531230 Date: December 01, 201e Submittal Number AMENDED APPLICATION N 22 Mount ("lout all that apoNk ❑ Rezoning. Not Olha viw Listed ❑ Amendment of Proffered Conditions © Rezoning, Conditional ❑ Amendment of Planned Unit Development Plan ❑ Rezoning to Planned Unit Development ❑ Amendment of Comprehensive Sign Overlay District ❑ Establishment of Comprehensive Sign Overlay District (Prowrty ldorsnstlon, Address 1 1430 6e,5er r4 V,(,' eD Ii efsh 16r ,qPC Official Tax No(s).: zz8o8vl 2RSo8o3 Em tang Base Zoning: ❑ With Conditions MX, Mrxed LJsF (If multiple zones, pkiasa manually enter all districts.) ®Witlmut Conditons Ordinance No(s), for Existing Conditions (If applicable): ®Wdh Conditions pmdsyd f; >nn r ;4/ ins / •o.� Requested Zoning: CC7-Ca,+.me(cic,l 1 C,e.. uctl ❑Wahoul Conditions Land Use: w h P_ Name: ' ur c<>9 r . ' >•o/� Phone Number: 540-855.3629 ys- PfL'o.� Address: P14 ,24019 E -Mail: Js % %'YhomPson@ b/v P eR-q rrvdr rly rgnabue: Applicant Information (if dHfemnt from owner): Name: Phone Number: Address: E4ail. Apptiwnfs Signature: Name: I fn , ss c�a P w /�P Plane Number: 540•- 3(0�o'.Lb Address: %JPO /3ox 6:?60 Abyy ✓A X40/7 E•Mail: C✓VAroanoxp (P Authorized Agent's Signature Zoning Amendment Application Chec tilt �► :. - ROANOKE (- ComplefedappIcation form and checklist. ✓Written narrative explaining the mason for the request, F Metes and bounds description, if applicable. tL Ftlmg fee. F- Concept plan meeting the Application Requirements of Item'2(c) in Zoning Amendment Procedures, !- ✓fttten proffers. See the City's.Guide to Proffered Conditions . r--2 oncept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures, Please label as 'development plan' if proffered. F111*0101 wllii( 0"Ofto F Development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance. r Comprehensive signage plan meeting the requirements of Section 36.2-336(d)(2) of the City's Zoning Ordinance. Amended development or concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures, f- if applicable. F Written proffers to be amended. See the City's Guide to Proffered Conditions. F Copy of previously adopted Ordinance. F- Amended development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. F- Traffic impact analysis. F- Concept plan, F Proffered conditions, if applicable. r- Required fee. 'An electronic copy of this application and checklist can be found at w .roanokeva.govlpbd by selecting 'Planning Commission' under 'Boards and Commissions'. A complete packet must be submitted each time an application is amended, unless otherwise specified by staff. _87CNVA, RECENLED DEC 012016 -CITY OF ROANOKE 4203 MELROSE AVENUE PLANNING BUILDING& P.O. BOX 6260 DEVELOPMENT ROANOKE, VIRGINIA 24017 -0260 PHONE (540) 366 -3400 FAX (540) 366 -8702 LETTER OF TRANSMITTAL December 01, 2016 To: City of Roanoke, VA Dept. of Planning, Building & Development Attn: Katharine Gray / Tina Carr From: Corbin White RE: AMENDED APPLICATION NO.2 Proposed Rezoning of Tax Parcels 2280801 & 2280803 from MX to CG Attached please find: Amended Application No. 2 rezoning package, consisting of: Zoning Amendment Application dated IW01/2016 Zoning Amendment Application Checklist Rezoning Request Narrative Proffered Conditions to be Adopted 11'x17' Concept Site and Building Plans, Including Elevations DVD containing PDF version of above Information transmitted via: Hand- delivered Katharine, As discussed, the attached reflects the following: - The rezoning plan has been revised to graphically show the landscaping proposed in the proffers. No changes have been made to the proffered landscaping. - The list at proffers has been revised to remove three uses that would have been allowed with a special exception under the previous Amended Application No. 1. These uses are a "car wash abutting a residential district ", "eating and drinking establishment abutting a residential district' and "microbrewery or microdisbilery abutting a residential district'. These were removed at the request of the neighborhood Group Otherwise, this Amended Application No. 2 is identical to the previous Amended Application No. 1. Please call me if you have questions or require additional information. Thanks cc: Mr. Jeff Thompson— Blue Eagle Credit Union V ly-,� �.,ALllVI ELi, «�tnTr: _155o<i_��r rr;� 1'ua >I tJ It )N F. 10ES,T. L O.0 0614 OIH6pLA� - p_GO 0) — AMENDED APPLICATION NO. 2 Blue Eagle Credit Union Site Proposed Rezoning from MX to CG (with conditions) City of Roanoke Tax Parcels 2280801 & 2280803 — 1430 Hershberger Road, NW Rezoning Request Narrative Description of Proposed Use and Development of the Prooert The facility that currently exists on the site was constructed in 1980, and for the majority of time since its original construction, the eastern portion of the structure has been used as a branch bank or credit union with a drive -thru. The western portion of the building has at times been rented out to office and other financial -type uses. Under proposed conditions, the site will remain a financial institution with drive -thru. As Blue Eagle's Member base has seen substantial growth, they will now be expanding into the western portion of the building, and performing some remodeling of the building. As shown on the attached Concept Plan, the only substantial changes proposed for the site will be to: 1) Remove the existing, dated drive -thru canopy on the eastern side of the building in its entirety, and replace the existing pavement and canopy area with green space to include lawn grasses, trees and shrubs. 2) Construct a new full- service remote drive -thru facility on the western face of the building, adjacent to Eden Drive. This will allow this 24 -hour use to be located in an area deemed to be more secure, as there is more public activity on this face of the building, and the drive - thru area will be readily visible from the public streets. 3) As a result of the new drive -thru location, certain on -site circulation patterns will change, and the northern Eden Drive curb -cut will be reconstructed to become right -turn, exit only. Justification for the Chanae Through the 2005 City -wide change in zoning designations, the site was included in the MX -Mixed Use zoning district, which allows neither financial institutions, nor drive -thru facilities. For the past eleven (11) years, this has not created any problems for the owners, as there have been no need to make changes to the site's content or operation. Now, with the desire to relocate the drive -thru technology, Blue Eagle has been informed by the City that this "non- conforming use" cannot be relocated under the current MX zoning designation. IIP;ier In short, the rezoning is requested to bring the existing uses into conformance with the requirements of the Zoning Ordinance. The CG zoning district is by definition: "to permit motor vehicle dependent uses that are generally developed as single use developments on individual lots, subject to landscaping, access, and signage standards. Such development is generally characterized by individual curb cuts, access drives, and signage. It is intended that this district be applied primarily along heavily traveled arterial streets, with an emphasis on clustering such development at major intersections. While recognizing the motor vehicle traffic generated by the uses permitted in this district, it is the intent of the regulations of the district to encourage and recognize pedestrian access and public transit forms of transportation by locating parking to the side and rear of buildings and minimizing conflict through landscaping and signage standards. The uses permitted in this district generally require a high volume of traffic along the frontage of the establishment and include horizontally oriented buildings. Such permitted uses include general retail establishments, offices, service establishments, motor vehicle related sales and service, eating establishments, and entertainment uses. The CG District is also intended to accommodate travel - oriented uses such as hotels, motels, and gasoline stations" As this site is a long- standing financial institution, is located along one of the City's largest arterial streets, and is considered a service establishment, it seems only fitting to pair the correct zoning designation to this site and the uses it contains. It is a fact that the site is not a perfect match for the district's definition, as the building and parking layout are more in tune to the development patterns that were in -place at the time of its original construction. However, without major changes to the structure's location and relative parking scheme, these items are unavoidable. As we are not proposing use changes in conjunction with the requested rezoning, there would be no changes to the traffic generation of the site or the way pedestrians can access the facility. In our opinion, the effects that the rezoning may have on the surrounding neighborhood are fairly limited. One effect is the potential that the requested rezoning may, in some future time, allow uses on the property that may be deemed incompatible given the proximity to surrounding residential areas. In order to alleviate these concerns, we have proffered a list of uses that would be allowed to be placed on the site. This list pares out certain uses that could normally be allowed in the CG District either "by right ", or with "special exception', but will not be permitted under the proffered conditions, should the rezoning be approved. Similarly, under the proposed CG Zoning District, the Zoning Ordinance allows a zero rear yard setback and a building floor ratio of 5.0. Given that the property is bounded to the rear by a residential zoning district, and that a floor area ratio of 5.0 would not be in good keeping with the neighborhood, we have offered proffers which would keep the rear yard setback identical to that of the current MX District, so long as the property to the rear is zoned residential, and have further proffered to maintain the floor area ratio of 1.0 which is allowed in the current MX District. Additionally, we do indeed recognize that relocating the drive -thru facility to the Eden Drive side of the site will place this use in an area more visible to the immediately adjacent neighbors. We feel it prudent to mention that while we hope that the remote drive -thru facility will enhance Blue Eagle's 21P:iec business, we are not proposing a high - volume fast food drive -thru window. Under current conditions, the drive -thru facility, which also serves a 24 -hour ATM, sees about 25 patrons per day, or about one per hour averaged over the time the facility is available to Members. Even with this relatively low volume, we recognize that the appearance of the structure will change, and therefore proffer to install the trees and shrubs shown in the proffered conditions in the area between the drive -thru lane and the adjacent Eden Drive right -of -way line to soften the effects of the building change. Similarly, we proffer to install new shrubs and small deciduous trees along the southern edge of the parking lot, to help screen the commercial use from the adjoining residentially -zoned property to the south. Finally, we proffer that any new signage will be in accordance with the MX Zoning District. As the proposed CG District includes more lenient signage regulations, and could potentially allow future signage not in good keeping with the neighborhood, this would help alleviate any concerns over inappropriate signage configurations, while still allowing the existing signage to remain. Availability of Other Similarly Zoned Properties in the General Area and in the City From a review of nearby parcels for sale on Loopnet.com, it appears there are three (3) contiguous parcels for sale at 4812, 4818, and 4820 Williamson Road which are currently zoned CG. However, as the site of the proposed rezoning is not being considered for a new use, it would seem a bit excessive to relocate the existing Blue Eagle facility to a new site. The Greater Grandview Area Neighborhood Watch Association, Inc. is the community group that the property is located within. As of the time of preparation of this Narrative, we could find no documentation relative to the development objectives of this group. The City's web -site, however, indicates that the area included in the GGANWA is included in the Williamson Road Neighborhood Plan, which is a component of the City's 2001 — 2020 Comprehensive plan. The Future Land Use section of the plan indicates that the southern side of Hershberger Road is to be small- and - medium - scale - commercial, which is a perfect fit for a branch credit union. For the desired elements within small- and - medium - scale - commercial, the Plan suggests "Such areas should be designated with neighborhood commercial, office- residential, and general commercial zoning districts as appropriate for the context, scale, and existing land use pattern ". Given that the context of the Blue Eagle property is financial in nature, it is fitting that the property be permitted to be included in the CG district. The Commercial Design Guidelines section of the plan includes the following as actions that can be taken for existing buildings and sites: 3 1Puer • Plant trees. Trees are an inexpensive and immediate way to make a positive impact on the appearance of any site. • Remove asphalt and replace it with landscaping or buildings. Many businesses have far more paved area than is necessary for typical parking demands. The result is that asphalt becomes the dominant element of the landscape rather than actual business operations. Similarly, the Environmental Resources section of this Plan mentions the abundant opportunity to increase the tree canopy in the area. The proposed Blue Eagle site changes not only reduce the amount of impervious cover on their site, but will also plant new trees at the location of the current drive -thru, along Eden Drive, and along a portion of the southern boundary as well, as outlined above and in the list of proffered conditions. 4 1Puer C_AI,D11 P71.1.tVVi1C"r b; tuS , F01AOFR CIRCI]1A� -O_t.V pii01 - F.AAv AMENDED APPLICATION NO. 2 Blue Eagle Credit Union Site Proposed Rezoning from MX to CG (with conditions) City of Roanoke Tax Parcels 2280801 & 2280803 — 1430 Hershberger Road, NW Proffered Conditions to be Adopted The applicant hereby requests that the following proffered conditions be adopted as they pertain to Official Tax Numbers 2280801 and 2280803. A) It is proffered that only the following uses will be "permitted by right" on the subject property: 1) Business service establishment, not otherwise listed 2) Employment or temporary labor service 3) Financial institution 4) Laboratory, dental, medical, or optical 5) Laboratory, testing and research 6) Medical clinic 7) Office, general or professional 8) Office, general or professional, large scale 9) Caterer, commercial 10)Community market 1 1) Drive - through facility 12)Drive- through kiosk 13) Funeral home 14) Kennel, no outdoor pens or runs 15) Live -work unit 16)Mixed -use building 17)Studio /multimedia production facility 18)Bakery, confectionary, or similar food production, retail 19)Body piercing establishment 20) Car wash, not abutting a residential district 21) Contractor or tradesman's shop, general or special trade 22) Dry cleaning and laundry pick -up station 23)General service establishment, not otherwise listed 24) Internet sales establishment 11 Page 25)Janitorial services establishment 26) Nursery or greenhouse, commercial 27) Personal service establishment, not otherwise listed in this table 28) Pet grooming 29) Retail sales establishment, not otherwise listed 30)Tattoo parlor 31) Workshop 32)Club, lodge, civic, or social organization 33)Community center 34) Eating establishment 35)Eating and drinking establishment, not abutting a residential district 36) Health and fitness center 37)Meeting hall 38)Microbrewery or microdistillery not abutting a residential district 39) Park or playground 40) Place of worship 41)Recreation,indoor 42)Theater, movie or performing arts 43) Artist studio 44) Community food operation 45) Community garden 46) Day care center, adult 47) Day care center, child 48) Educational facilities, business school or nonindustrial trade school 49) Educational facilities, college /university 50) Educational facilities, elementary /middle /secondary 51) Educational facilities, industrial trade school 52) Educational facilities, school for the arts 53) Fire, police, or emergency services 54)Government offices or other government facility, not otherwise listed 55) Library 56)Museum 57) Post office 58) Supply pantry 59)Training facility for police, fire, or emergency services 60) Parking lot facility 61)Parking, off -site 62) Broadcasting studio or station 63) Utility distribution or collection, basic 64) Wireless telecommunications facility, stealth 65)Accessory uses, not otherwise listed in Table 36.2 -315 of the Zoning Ordinance of the City of Roanoke B) It is proffered that only the following uses will be "permitted by special exception' on the subject property: 1) Campground 2) Outpatient mental health and substance abuse clinic 2 1P�,g 3) Utility distribution or collection, transitional 4) Agricultural operations C) It is proffered that a fifteen foot (15') building setback will be maintained along the abuting property line (Official Tax Map No. 2280814), so long as that property is included in a residential zoning district. D) It is proffered that the property will maintain no greater than a 1.0 maximum floor area ratio. E) It is proffered It is proffered that two 2 -inch caliper large deciduous trees spaced between twenty to forty feet on center and twenty evergreen shrubs, minimum 18 -inch high at planting, spaced between two to three feet on center shall be installed and maintained between the relocated drive -thru lane and the right -of -way of Eden Drive, NW. F) It is proffered that immediately following the rezoning of the subject parcels from MX to CG, the owner will consolidate tax parcels 2280801 and 2280803 into a single property. This property consolidation will be undertaken in accordance with the City's Subdivision Ordinance and review / approval / recordation processes. G) It is proffered that any new signage on the property will conform to the requirements of the City of Roanoke Zoning Ordinance, Table 668 -1, for the MX, Mixed Use District. H) It is proffered that two 5 foot tall small deciduous trees spaced between fifteen to thirty feet on center and fifteen evergreen shrubs, minimum 18 -inch high at planting, spaced between two to three feet on center shall be installed and maintained between the parking lot and the abutting property line (Official Tax Map No. 2280814) along the first 40 feet from Eden Drive, NW, so long as that property is included in a residential zoning district. End of Proposed Proffered Conditions 3 1Page —__ uen mmmsn manaamrsasm noas„` _ m .m. .... ®.. q e s _ rm. mm L i — I — a2— ,,,,�__ / e K gggxi$'yg3 & ice(' WA BLUE EAGLE CREDIT UNION 1430 HERSHBERGER RD. N.W. ROANOKE, VA 24012 OWNERS: BLUE EAGLE CREDIT UNION CONCEPTUAL 5QMETFIC AMENDED APPLICATION NO. 2 M a 0 G a 0Q z=w Iwo ULLO OO�L Goo ww SOU m0 K a A -C .11 13095 I CODE INFO USE GROUP '.B [VAINITYMAP TYPE OF CONSTRUCTION. 5 -B STORIES: ALLOWED :2 cm.e ACTUAL 2 SPACE: ALLOWED: 9000 SO. FT ........ ACTUAL: 1230 SO. FT. GOOF 20121TERNATIONAL BUILDING CODE 16..... J AMENDED APPLICATION NO. 2 M a 0 G a 0Q z=w Iwo ULLO OO�L Goo ww SOU m0 K a A -C .11 13095 _ ` 9 Q i 2 O 1 0 z- O � �WY OKO ULLQ OOLL apO pao 'mo tt AMENDED APPLICATION NO. 2 A -0 13095 AMENDED APPLICATION NO. 2 Zy A: 7 z 0 z� oQ z >� �o oar 0 U =0 ua tjOu QpO wwa F �dU 00 K E -1 X11 13095 a AMENDED APPLICATION NO 2 z 0 o¢¢ �o> =w O�0 W � Z ULLO o K X0 0 ¢0O ww> �r jOU mO rc a 13095 ZONING DISTRICT MAP 1430 and 0 Hershberger Road NW Official Tax Parcels: 2280801 and 2280803, respectively Area to be Rezoned Commerci b'IJbU 1 Zoning AD: Airport Dee CG_Commerdal- General uil CLS: Commercial Large Site y+.. CHI Commercial- Neighborhood D. Downtown N w. " 1 -1 Light Industrial _ 1 -2: Heavy Industrial Fillol -IN Institutional , INPUD'. Institutional Planned Unit Dev = • C ® IPUD. Industrial Planned lint Dev r MX'. Mixed Use O MXPUD'. Mixed Use Planned Unit Dev R -12'. Res Single F mily R -3: Res Single Family is Ll Y R -5: Res Single Family s,ar �, O I R -]: Res S'ngle Family RA: Res Agricultural OHO RM -1 Res Mixed Density RM-2: Res Mixed Density RMF: Res Multifamily 9GT _ ROS'. Recreation and Open Space CF,p 4 _ OF Urban Flex 8T • _ _ � Conditional Zoning N 0 100 200 Feet L Q� 6� i-1 s ♦pP 2271101 CG(c): Commercial- General' -- Conditional Ord #39087. 022211 ��♦♦,'♦♦ CommerctalrGenoral r♦"+.- ♦♦ ♦ Contlttional CG(c): `�� ♦♦Grd #32748 Commercial- 'mineral �♦ ♦ ♦♦ ♦♦�o Conditional ��♦� ♦♦♦ ♦ �� Ord #25984 I� i ♦ ti I -1(c): Light Industrial Conditional R -T.Res Ord #35484 Single Family RECEIVED DEC 12 2016 OITY OF RUANUKL PLANNING BUILDING 6 DEVELOPMENT CITY OF ROANOKE - POV ARd Tina M. Carr 215 CHURCH AVE ROOM 165 ROANOKE. VA 24011 The Roanoke Times Roanoke, Virginia Affidavit of Publication Account Number 6011439 Date December 06, 2016 Date Caterer, Descaden Ad Size Taiai Cesl 12/1212016 Propas -Sid Bids -RFP PUBLIC HEARING NOTICE Nlpudicheanagsadvedisedbe, 1a148L 1.41938 Publisher of the Roanoke Times I, (the undersigned) an authorized representative of the Roanoke Times, a daily newspaper published in Roanoke, In the State of Virginia, do certify that the annexed notice PUBLIC HEARING NOTICE A was published In said newspapers on the following dates: 11129 1210612016 The First insertion being given ... 1 1,r2912016 Newspaper reference: 0000437353 PENN 1 Sworn to and subscribed before me Nis Tuesday, December 6, 2016 Notary Publi State of Virginia My City/County Commis of Roanoke 1 ° -Wt� ,1 My Commission ¢zpires = - �1�1►1a THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU PUBLIC NEARING NOTICE All public hearinys ativenisM herein will be held in the City Cauncil Chamber, fourth floor. Room 450. Noel C. Taylor Mumtlpal 0v him, 315 Churth Avenue, SW.. Roanoke, engines. AR applintOns are available lar review in the Planning, Builring and OevNOpment oNycA Room 10, 315 Church Avenue. S.W., Roaroke, Vinni ia. The City of Roanoke Planni Comm svon will hold public Ileadng on December Il, HIS, at 1:30 om, or ar 11.1 AS the mailers nay ad heard, to conslderthwe appiica ors: TN M. Carr, Secretary, City Planning Commisslan City CWrida will hold puthh, hearings n the aforisaid AppllaNOns on December 19 MIC at 7,y) A m, or as Soon as the matters may be heaN. Any person with a disinter reQairing AM spedill accammotlad. to attend oI pastldpah ID the hearings ihOhW Contact one City CNA's AMC. at (SORT 853 HOT at least Ode days prior to the scheduled hearing. Stephanie M. Moon Reynolds, All CIry Clerk (43183) LJ ry'4 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. The City of Roanoke Planning Commission will hold public hearings on December 12, 2016, at 1:30 p.m., or as soon as the matters may he heard, to consider these applications: Application by Puppyland, Ltd., to rezone the property from 1 -1, Light Industrial District, with conditions, to CG, Commemial- General District, with conditions, and amend the conditions proffered as part of a previous rezoning at 745 Townside Road, S.W., bearing Official Tax Map No. 5490307. The amendments to the proffers accepted by the adoption of Ordinance No. 37023- 041805 on April 18, 2005, propose to replace the list of permitted uses with the following: business service establishment, not otherwise listed; financial institution; laboratory, dental, medical, or optical; laboratory, testing and research; medical clinic; office, general and professional; animal hospital or veterinary clinic, no outdoor pens or runs; kennel, no outdoor pens or runs; mixed -use building; bakery, confectionary, or similar food production, retail; contractor or tradesman's shop, general or special trade; personal service establishment, not otherwise listed in this table; pet grooming; retail sales establishment, not otherwise listed; workshop; eating establishment; health and fitness center; day care center, adult; day care center, child; educational facilities, business school or nonindustrial trade school; educational facilities, industrial trade school; educational facilities, school for the arts; and accessory uses, not otherwise listed in this table as permitted uses. The amendments to the proffers also propose to remove the requirement that development will be in accordance to a site plan for the property revision dated March 3, 2005; remove restriction for signage painted on the side of the building; delete the outdoor lighting submittal requirement during comprehensive development review; remove the tree planting requirement within the parking lot; and remove the requirement regarding metal siding material for construction of a new structure. The use classes permitted in the Commercial - General District include accommodations and group living; commercial; industrial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory; with no maximum density specified and a maximum floor area ratio of 5.0. The comprehensive plan designates the property for light industrial use, but does not specify density. The proposed use of the property is a kennel, with no outdoor pens or runs. Application from Randal Johnson to vacate an approximately 500 square foot semi - circular extension on the west side of an undeveloped 10 foot alley that extends from Connecticut Avenue, N.E., to, and intersecting with, another undeveloped 10 foot alley extending from Plantation Road, N.E., such semi - circular extension adjacent to only Official Tax Map No. 3040719. The portion of the alley to be vacated was dedicated to the City of Roanoke pursuant to the terms of a closure which was the subject of Ordinance No. 29146, adopted on June 20, 1988. Application by Blue Eagle Credit Union to rezone the properties at 1430 and 0 Hershberger Road, N.W., bearing Official Tax Nos. 2280801 and 2280803, respectively, from MX, Mixed - Use District, to CG, Commercial- General District, with conditions. The land use categories permitted in the Commercial - General District include accommodations and group living; commercial; industrial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory; with no maximum density specified and a maximum floor area ratio of 5.0. The comprehensive plan designates the properties for small and medium scale commercial use, but does not specify density. The proposed uses of the properties are financial institution and drive - through facility. Tina M. Carr, Secretary, City Planning Commission City Council will hold public hearings on the aforesaid applications on December 19, 2016, at 7:00 p.m., or as soon as the matters may be heard. Any person with a disability requiring any special accommodation to attend or participate in the hearings should contact the City Clerk's office at (540) 853 -2541 at least five days prior to the scheduled hearing. Stephanie M. Moon Reynolds, MMC, City Clerk Please publish in newspaper on Tuesday, November 29, 2016, and Tuesday, December 6, 2016. Please bill and send affidavit of publication to: Tina M. Carr Secretary to the Board of Zoning Appeals Secretary to the Planning Commission Planning Coordinator Planning, Building & Development City of Roanoke Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 166 Roanoke, VA 24011 5401853 -1330 tina.cau(@roanokeva.gov Please send affidavit of publication to: Stephanie M. Moon Reynolds, MMC, City Clerk 215 Church Avenue, S.W., Suite 456 Noel C. Taylor Municipal Building Roanoke, Virginia 24011 -1536 540/853 -2541 C� =i CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 'I'eleplioam: (540)853 -2541 Fax, (541))853 -1145 STEPHANIE M. MOON REYNOLDS, MIMIC E-nn1it: alrrk( ...... nkcva814 C'EC'ELIA F. MCCOY City Clerk Delay City Clerk December 5, 2016 CECELIA T. WEBB, CMC Assistant Depaty City Clerk Corbin L. White Caldwell White Associates P. O. Box 6260 Roanoke, Virginia 24017 Dear Mr. White: A public hearing has been advertised to be heard by the City Planning Commission on Monday, December 12, 2016 at 1:30 p.m., in the Council Chamber, Fourth Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request by Blue Eagle Credit Union to rezone the properties at 1430 and 0 Hershberger Road, N.W., bearing Official Tax Nos. 2280801 and 2280803; respectively, from MX, Mixed - Use District, to CG, Commercial - General District, with conditions. Pursuant to provision of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing also has been scheduled to be held on Monday, December 19, 2016 at 7:00 p.m. before the Roanoke City Council in the Council Chamber, depending upon formal action taken by the City Planning Commission on Monday, December 12, 2016. Action taken by the City Planning Commission may be viewed on the City's webpage, www.roanokeva.gov, under "Roanoke Planning Commission News ". If you have questions regarding the Planning Commission public hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540) 853 -1730. Questions regarding the City Council public hearing may be directed to the City Clerk's Office at (540) 853 -2541. Sinc ly, Stephanie M. Moon R Ids, M C City Clerk Enclosure c: Blue Eagle Credit Union, Attention: Jeff Thompson, 2121 Electric Road, S. W., Roanoke, Virginia 24018 C� CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 IckpLone: (540)853 -2541 Nux: (540)853 -1145 STEPHANIE M. MOON REYNOLDS, MMC E- ,null: ulerk(n)roenokevu.gav CECELIA F. MCC City Clerk Deputy City Clerk it December 5, 2016 CECELIA T. WEBB, CMC Assismot Deputy City Clerk Tacoma, Inc. Mark Wayne Dillon Southwestern Telco Federal Credit Union Evelyn F. Meadors Sau Danh Fairway Roanoke LLC Billy C. and Emma G. Franklin Ninety Nine Lafayette Avenue Realty BNC Bank Finance Department Cook Out Roanoke, Inc. Mary Tyler Webb Dear Ladies and Gentlemen: A public hearing has been advertised to be heard by the City Planning Commission on Monday, December 12, 2016 at 1:30 p.m., in the Council Chamber, Fourth Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request by Blue Eagle Credit Union to rezone the properties at 1430 and 0 Hershberger Road, N.W., bearing Official Tax Nos. 2280801 and 2280803; respectively, from MX, Mixed -Use District, to CG, Commercial - General District, with conditions. Also, pursuant to provision of Resolution No. 25523 adopted by the Council of City of Roanoke on Monday, April 6, 1981, a public hearing regarding the abovementioned matter has been scheduled to be heard before the Roanoke City Council on Monday, December 19. 2016 at 7:00 P.m., in the Council Chamber, pending formal action by the City Planning Commission. Action taken by the City Planning Commission may be viewed on the City's webpage, www.roanokeva aov, under "Roanoke Planning Commission News ". This letter is provided for your information as an interested party and /or adjoining property owner. If you have questions regarding the Planning Commission public hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540) 853 -1730. Questions regarding the City Council public hearing may be directed to the City Clerk's Office at (540) 853 -2541. S�incer�I ra ) ' " Stephanie M, Moon Rayne, MC � City Clerk c: Bert Boyd, Greater Grandview Area Neighborhood Watch Association, 2508 Round Top Road, N. W., Roanoke, Virginia 24012 Zoning Amendment Application Department of Planning, Building and Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Phone: (540) 853 -1730 Fax (540) 853 -1230 Date: /✓o ✓. /9; .ZD /S Resuest (select all that allpi ROANOKE Click Hereto Pdnt Submittal Number: f��PnL/PC /•%�N/��Cri �'0n x1%:/ ❑ Rezoning, Not Otherwise Listed © Rezoning, Conditional ❑ Rezoning to Planned Unit Development ❑ Establishment of Comprehensive Sign Overlay District Propady formation• ❑ Amendment of Proffered Conditions ❑ Amendment of Planned Unit Development Plan ❑ Amendment of Comprehensive Sign Overlay District Address: 1436 14e,�k 6erc,cr Rd -NWT G I-(�rc;hb•:_ry �." r2ci h11A{ Official Tax No(s).: 22 N 013 (i l 2, E8 ()80 3 Existing Base Zoning: E] With Conditions (If multiple zones, please manually enter all districts.) ® Without Conditions Ordinance Nuts). for Existing Conditions (If applicable): A With Conditions Proposed f %^ "• ins °'� Requested Zoning: C'epC��mc�'uc,l Ge.,eru -,1 ❑Without Conditions Land Use: w�✓'h ��� %eN-i/�' -� Propedy Owner Information: Name: 3 /uP BUyir'f --cr /. >,ez� Phone Number: 54p- 8SS'3$2`) Address, 2 /j /t�PC f - -�c i�cL �o�,�o.4 P� ✓.4 -2401$ E -Mail: I Je <f, ✓emu- �,z ^so,�@ P erty n ignature: Applicant Information (If different from owner); Name. Phone Number: Address: E -Mail Applicant's Signature: Authorized A"nt Information (it amlical lel: Name: a /e�wPU P ssem4 .ds 403!34.00Phone Number S Address pox 660 ,Qbc vA, PIA n4o/7 E -Mail I e 141 1, k'P,<;' Authorized Agent's Signature: Zoning Amendment Application Checklist W'Mmliloai The folio //wing must be submitted for all applications: ROA N O K E ir/ Compfeted application form and checklist. ✓Written narrative explaining the reason for the request. F Metes and bounds description, if applicable, Filing fee. For a rezoning not otherwise listed, the following must also be submitted: F Concept plan meeting the Application Requirements of item'2(c)' in Zoning Amendment Procedures. For a conditional rezoning, the following must also be submitted: ✓Wnaen proffers. See the City's Guide to Proffered Conditions. roncept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures. Please label as 'development plan' if proffered. For a planned unit development, the following must also be submitted: F Development plan meeting the requirements of Section 36.2 -326 of the Ciys Zoning Ordinance. For a comprehensive sign overlay district, the following must be submitted: F- Comprehensive sgnage plan meeting the requirements of Section 36.2- 336(d)(2) of the City's Zoning Ordinance. For an amendment of proffered conditions, the following must also be submitted: -_ Amended development or concept plan meeting the Application Requirements of item'2(c)' in Zoning Amendment Procedures, if applicable. Written proffers to be amended. See the City's Guide to Proffered Conditions. r Copy of previously adopted Ordinance. For a planned unit development amendment, the following must also be submitted: F- Amended development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance. Copy of previously adopted Ordinance. For a comprehensive sign overlay amendment, the following must also be submitted: Amended comprehensive signage plan meeting the requirements of Section 36.2-336(d) of the City's Zoning Ordinance. F- Copy of previously adopted Ordinance. For a proposal that requires a traffic Impact study be submitted to the City, the following must also be submitted: r A Traffic Impact Study in compliance with Appendix &2(e) of the City's Zoning Ordinance . For a proposal that requires a traffic impact analysis be submitted to VDOT, the following must also be submitted: iCover sheet. t Traffic impact analysis. Concept plan. 7 Proffered conditions, if applicable. Required fee. 'An electronic copy of this application and checklist can be found at www.roanokeva.govlpbd by selecting 'Planning Commission' under 'Boards and Commissions'. A complete packet must be submitted each time an application is amended, unless otherwise specified by staff. V-C Wl, C.ALDWEI,LWIIITF, ASSOCIATES F.SGIKY.HHS / SL RVF.YORS / pi,nFFF.RS 4209 MELRO E TVENfI. v.o. oox e2so ROA\ i 66 2401'] -a2ao rs is :) 4a) — FAX, (540 9884 -0902 AMENDED APPLICATION NO. 1 Blue Eagle Credit Union Site Proposed Rezoning from MX to CG (with conditions) City of Roanoke Tax Parcels 2280801 & 2280803— 1430 Hershberger Road, NW Rezoning Request Narrative The facility that currently exists on the site was constructed in 1980, and for the majority of time since its original construction, the eastern portion of the structure has been used as a branch bank or credit union with a drive -thru. The western portion of the building has at times been rented out to office and other financial -type uses. Under proposed conditions, the site will remain a financial institution with drive -thru. As Blue Eagle's Member base has seen substantial growth, they will now be expanding into the western portion of the building, and performing some remodeling of the building. As shown on the attached Concept Plan, the only substantial changes proposed for the site will be to: 1) Remove the existing, dated drive -thru canopy on the eastern side of the building in its entirety, and replace the existing pavement and canopy area with green space to include lawn grasses, trees and shrubs. 2) Construct a new full - service remote drive -thru facility on the western face of the building, adjacent to Eden Drive. This will allow this 24 -hour use to be located in an area deemed to be more secure, as there is more public activity on this face of the building, and the drive - thru area will be readily visible from the public streets. 3) As a result of the new drive -thru location, certain on -site circulation patterns will change, and the northern Eden Drive curb -cut will be reconstructed to become right -turn, exit only. Justification for the Change Through the 2005 City -wide change in zoning designations, the site was included in the MX -Mixed Use zoning district, which allows neither financial institutions, nor drive -thru facilities. For the past eleven (11) years, this has not created any problems for the owners, as there have been no need to make changes to the site's content or operation. Now, with the desire to relocate the drive -thru technology, Blue Eagle has been informed by the City that this "non- conforming use" cannot be relocated under the current MX zoning designation. III'.,c, In short, the rezoning is requested to bring the existing uses into conformance with the requirements of the Zoning Ordinance. The CG zoning district is by definition: "to permit motor vehicle dependent uses that are generally developed as single use developments on individual lots, subject to landscaping, access, and signage standards. Such development is generally characterized by individual curb cuts, access drives, and signage. It is intended that this district be applied primarily along heavily traveled arterial streets, with an emphasis on clustering such development at major intersections. While recognizing the motor vehicle traffic generated by the uses permitted in this district, it is the intent of the regulations of the district to encourage and recognize pedestrian access and public transit forms of transportation by locating parking to the side and rear of buildings and minimizing conflict through landscaping and signage standards. The uses permitted in this district generally require a high volume of traffic along the frontage of the establishment and include horizontally oriented buildings. Such permitted uses include general retail establishments, offices, service establishments, motor vehicle related sales and service, eating establishments, and entertainment uses. The CG District is also intended to accommodate travel- oriented uses such as hotels, motels, and gasoline stations" As this site is a long- standing financial institution, is located along one of the City's largest arterial streets, and is considered a service establishment, it seems only fitting to pair the correct zoning designation to this site and the uses it contains. It is a fact that the site is not a perfect match for the district's definition, as the building and parking layout are more in tune to the development patterns that were in -place at the time of its original construction. However, without major changes to the structure's location and relative parking scheme, these items are unavoidable. As we are not proposing use changes in conjunction with the requested rezoning, there would be no changes to the traffic generation of the site or the way pedestrians can access the facility. In our opinion, the effects that the rezoning may have on the surrounding neighborhood are fairly limited. One effect is the potential that the requested rezoning may, in some future time, allow uses on the property that may be deemed incompatible given the proximity to surrounding residential areas. In order to alleviate these concerns, we have proffered a list of uses that would be allowed to be placed on the site. This list pares out certain uses that could normally be allowed in the CG District either "by right ", or with "special exception ", but will not be permitted under the proffered conditions, should the rezoning be approved. Similarly, under the proposed CG Zoning District, the Zoning Ordinance allows a zero rear yard setback and a building floor ratio of 5.0. Given that the property is bounded to the rear by a residential zoning district, and that a floor area ratio of 5.0 would not be in good keeping with the neighborhood, we have offered proffers which would keep the rear yard setback identical to that of the current MX District, so long as the property to the rear is zoned residential, and have further proffered to maintain the floor area ratio of 1.0 which is allowed in the current MX District. Additionally, we do indeed recognize that relocating the drive -thru facility to the Eden Drive side of the site will place this use in an area more visible to the immediately adjacent neighbors. We feel it prudent to mention that while we hope that the remote drive -thru facility will enhance Blue Eagle's 2 1P „.. .,. business, we are not proposing a high - volume fast food drive -thru window. Under current conditions, the drive -thru facility, which also serves a 24 -hour ATM, sees about 25 patrons per day, or about one per hour averaged over the time the facility is available to Members. Even with this relatively low volume, we recognize that the appearance of the structure will change, and therefore proffer to install the trees and shrubs shown in the proffered conditions in the area between the drive -thru lane and the adjacent Eden Drive right -of -way line to soften the effects of the building change. Similarly, we proffer to install new shrubs and small deciduous trees along the southern edge of the parking lot, to help screen the commercial use from the adjoining residentially -zoned property to the south. Finally, we proffer that any new signage will be in accordance with the MX Zoning District. As the proposed CG District includes more lenient signage regulations, and could potentially allow future signage not in good keeping with the neighborhood, this would help alleviate any concerns over inappropriate signage configurations, while still allowing the existing signage to remain. Availability of Other Similarly Zoned Properties in the General Area and in the Citv From a review of nearby parcels for sale on Loopnet.com, it appears there are three (3) contiguous parcels for sale at 4812, 4818, and 4820 Williamson Road which are currently zoned CG. However, as the site of the proposed rezoning is not being considered for a new use, it would seem a bit excessive to relocate the existing Blue Eagle facility to a new site. Relationship of Proposed Amendment to City's Comprehensive Plan and Applicable Neiahborhood Plan The Greater Grandview Area Neighborhood Watch Association, Inc. is the community group that the property is located within. As of the time of preparation of this Narrative, we could find no documentation relative to the development objectives of this group. The City's web -site, however, indicates that the area included in the GGANWA is included in the Williamson Road Neighborhood Plan, which is a component of the City's 2001 — 2020 Comprehensive plan. The Future Land Use section of the plan indicates that the southern side of Hershberger Road is to be small- and - medium - scale - commercial, which is a perfect fit for a branch credit union. For the desired elements within small- and - medium - scale - commercial, the Plan suggests "Such areas should be designated with neighborhood commercial, office - residential, and general commercial zoning districts as appropriate for the context, scale, and existing land use pattern ". Given that the context of the Blue Eagle property is financial in nature, it is fitting that the property be permitted to be included in the CG district. The Commercial Design Guidelines section of the plan includes the following as actions that can be taken for existing buildings and sites: 31 P Plant trees. Trees are an inexpensive and immediate way to make a positive impact on the appearance of any site. Remove asphalt and replace it with landscaping or buildings. Many businesses have far more paved area than is necessary for typical parking demands. The result is that asphalt becomes the dominant element of the landscape rather than actual business operations. Similarly, the Environmental Resources section of this Plan mentions the abundant opportunity to increase the tree canopy in the area. The proposed Blue Eagle site changes not only reduce the amount of impervious cover on their site, but will also plant new trees at the location of the current drive -thru, along Eden Drive, and along a portion of the southern boundary as well, as outlined above and in the list of proffered conditions. 4 1Pe,, - �(,WA CAT,DWELI, WHITE ASSOCIATES RN�,h.:aas i i PLANNORB 4203 ML " LH06E A JE P.O. BOX 6260 ROANOKF.. VIRGINIA 29030 -0260 (690) O6B 30.-. 8 -HOO'2 AMENDED APPLICATION NO. 1 Blue Eagle Credit Union Site Proposed Rezoning from MX to CG (with conditions) City of Roanoke Tax Parcels 2280801 & 2280803 — 1430 Hershberger Road, NW Proffered Conditions to be Adopted The applicant hereby requests that the following proffered conditions be adopted as they pertain to Official Tax Numbers 2280801 and 2280803. A) It is proffered that only the following uses will be "permitted by right" on the subject property: 1) Business service establishment, not otherwise listed 2) Employment or temporary labor service 3) Financial institution 4) Laboratory, dental, medical, or optical 5) Laboratory, testing and research 6) Medical clinic 7) Office, general or professional 8) Office, general or professional, large scale 9) Caterer, commercial 10)Community market 11) Drive - through facility 12)Drive- through kiosk 13) Funeral home 14)Kennel, no outdoor pens or runs 15)Live -work unit 16) Mixed -use building 17)Studio /multimedia production facility 18) Bakery, confectionary, or similar food production, retail 19) Body piercing establishment 20) Car wash, not abutting a residential district 21)Contractor or tradesman's shop, general or special trade 22) Dry cleaning and laundry pick -up station 23)General service establishment, not otherwise listed 24) Internet sales establishment IIP, P 25)Janitorial services establishment 26)Nursery or greenhouse, commercial 27) Personal service establishment, not otherwise listed in this table 28) Pet grooming 29) Retail sales establishment, not otherwise listed 30)Tattoo parlor 31) Workshop 32) Club, lodge, civic, or social organization 33)Community center 34)Eating establishment 35)Eating and drinking establishment, not abutting a residential district 36)Health and fitness center 37)Meeting hall 38)Microbrewery or microdistillery not abutting a residential district 39) Park or playground 40) Place of worship 41) Recreation, indoor 42)Theater, movie or performing arts 43)Artist studio 44)Community food operation 45)Community garden 46) Day care center, adult 47) Day care center, child 48)Educational facilities, business school or nonindustrial trade school 49) Educational facilities, college /university 50)Educational facilities, elementary /middle /secondary 51)Educational facilities, industrial trade school 52) Educational facilities, school for the arts 53) Fire, police, or emergency services 54)Government offices or other government facility, not otherwise listed 55) Library 56) Museum 57) Post office 58)Supply pantry 59)Training facility for police, fire, or emergency services 60) Parking lot facility 61 )Parking, off -site 62)Broadcasting studio or station 63)Utility distribution or collection, basic 64)Wireless telecommunications facility, stealth 65)Accessory uses, not otherwise listed in Table 36.2 -315 of the Zoning Ordinance of the City of Roanoke B) It is proffered that only the following uses will be "permitted by special exception" on the subject property: 1) Campground 2) Outpatient mental health and substance abuse clinic 2 r, a �e 3) Car wash, abutting a residential district 4) Eating and drinking establishment, abutting a residential district 5) Microbrewery or microdistillery abutting a residential district 6) Utility distribution or collection, transitional 7) Agricultural operations C) It is proffered that a fifteen foot (15') building setback will be maintained along the abuting property line (Official Tax Map No. 2280814), so long as that property is included in a residential zoning district. D) It is proffered that the property will maintain no greater than a 1.0 maximum floor area ratio. E) It is proffered It is proffered that two 2 -inch caliper large deciduous trees spaced between twenty to forty feel on center and twenty evergreen shrubs, minimum 18 -inch high at planting, spaced between two to three feet on center shall be installed and maintained between the relocated drive -thru lane and the right -of -way of Eden Drive, NW. F) It is proffered that immediately following the rezoning of the subject parcels from MX to CG, the owner will consolidate tax parcels 2280801 and 2280803 into a single property. This property consolidation will be undertaken in accordance with the City's Subdivision Ordinance and review/ approval / recordation processes. G) It is proffered that any new signage on the property will conform to the requirements of the City of Roanoke Zoning Ordinance, Table 668 -1, for the MX, Mixed Use District. H) It is proffered that two 5 foot tall small deciduous trees spaced between fifteen to thirty feet on center and fifteen evergreen shrubs, minimum 18 -inch high at planting, spaced between two to three feet on center shall be installed and maintained between the parking lot and the abutting property line (Official Tax Map No. 2280814) along the first 40 feet from Eden Drive, NW, so long as that property is included in a residential zoning district. End of Proposed Proffered Conditions 31v.,3e I I II I i I I I Y AA 1 0 r /L I ;J6 II III aG om�Eery ro a a[aEn rs asrs�.vas 1 %J mew 5 �( 1 m.amu .i mnmu I ' J � jam= 1 %J mew 5 �( Sut m.amu .i mnmu m^ III jam= rw•m wv� ® ®mm C,xgrp W— A s BLUE EAGLE CREDIT UNION 1430 HERSHBERGER RD. N.W. ROANOKE, VA 24012 OWNERS: BLUE EAGLE CREDIT UNION coNCEPr W�19OMEralt CODE INFO: ! VICINITY MAP USE GROUP :B TYPE OF CONSTRUCTION: 5 -13 STORIES: ALLOWED :2 .:w.o.. ACTUAL 2 SPACE. ALLOWED. 9000 SO. FT. ACTUAL: 1230 SO. FT. CODE: 20121TERNATIONAL BUILDING CODE AMENDED APPLICATION NO.1 Q 0 z� oQ �o> =w owo z ULLU wO K ww� F jOU m0 K d d d it A -C Z O zF OQQ j0 r2w pwO tt � VVO up wO Qp0 �OV ro0 K 6 AMENDED APPLICATION NO. 1 A -0 AMENDED APPLICATION NO. 1 Zi OW to °' p oQ �zw pW0 K � ULLO wO K Wp0 F SOU m0 K h E -i1 - 13095 0 z� oa 0 rz oao z U =p u� �jOU ¢00 ww> SOU m0 rc AMENDED APPLICATION 13095 Update: Proposed Amendments to Zoning Ordinance and Fee Compendium Page 1 of I Update: Proposed Amendments to Zoning Ordinance and Fee Compendium we or City of Roanoke to: -` susic.mccoy 11 /30/2016 04:04 PM Hide Details From: "City of Roanoke" Qistsery @civicplus.com> To: susie.mccoy@roanokeva.gov, Security: To ensure privacy, images from remote sites were prevented from downloading. Show Images Roanoke Logo Planning, Building, and Development November 30, 2016 Update: Proposed Amendments to Zoning Ordinance and Fee Compendium The City Council public hearings regarding proposed amendments to the Zoning Ordinance , Subdivision Ordinance, and Fee Compendium were continued from the November 21, 2016, meeting to Monday, December 5, 2016, at 2:00 p. m.. in Council Chamber on the fourth floor of the Neel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Please click here to view the full teat of the proposed amendments and "2016 Zoning Amendments Summary which details all the Ordinance and Fee Compendium changes before the Council. Please direct any questions to Ian Shaw at ran.shaw(ahoanokeva.gov. laht Share on Facebook Share on Twitter Share via Email Email not displaying correctly? View it in your browser. fil e:// /C:[Users /cfmccoy /AppData/Local /Temp /notesElEF34 /— webO888.htm 12/1/2016 Department of Planning, Building and Development Room 166, Noel C. Taylor Municipal Building OCT 312016 215 Church Avenue, S.W. - Roanoke, Virginia 24011 CITY OF ROANOKE Phone: (540) 8531730 Fax. (540) 853 -1230 PLANNING BUILDING 8 DEVELOPMENT _ f Submittal Number. t Date -. _ OCT. �/, ,?O /, l ❑ Rezoning, Not Otherwise Listed ® Rezoning, Conditional' ❑ Rezoning to Planned Unit Development ❑ Establishment of Comprehensive Sign Overlay District Address 1430 Hershberger Road, NW �' ROANOKE Click Hereto Pdnt n Amendment of Proffered Conditions ❑ Amendment of Planned Unit Development Plan ❑ Amendment of Comprehensive Sign Overlay Distdct Official Tax No(s) 12280801 and 2280803 Existing Base Zoning. ❑ With Conditions (multi a zones. please manual) enter all d smcts Mx, Mizell Use P fX Y ) ❑x Without Conditions Ordinance No(s) for Emling Conditions (If applicable) I With Conditions proposed Requested Zoning CG Commercial- General Financial Institution with Drive -Thru Will out Conditions Land Use Name /3 /alp a - -- jhone Numb S 40'85S36Z Add tP - --- -- - / 1/� ,24D g E Mail b /uP P4 /PC�'re+_ %Uni. Applicants Sg: at: e Pww"Aflfnt� - �pwP Y ✓-- '40 3lo' 3 40GI Name Phmie Number - Address �40 i - - -- ---- � . E -Mal' ! C'GS/Ai'aa Harp @ao %C1� m Zoning Amendment Application Checklist r l i The f- ng must be submitted for all applications: ROA N O K E ✓Completed application form and checklist. ✓Written narrative explaining the reason for the request. I- Metes and bounds description, if applicable. Filing fee. For a retuning not otherwise listed, the following must also be submitted: F- Concept plan meeting the Application Requirements of itam'2(c)' in Zoning Amendment Procedures. For a conditional retuning, the following must also be submitted: rvWritten proffers. See the City's Guide to Proffered Conditions. - 6tmcept plan meeting the Application Requirements of ilem'2(c)' in Zoning Amendment Procedures. Please label as r 'development plan" d proffered. For a planned un@ development, the following must also be submitted: r Development plan meeting the requirements of Section 36.2 -326 of the Guys Zoning Ordinance. For a comprehensive sign overay district, the following must be submitted: F- Comprehensive signage plan meeting the requirements of Section 36.2- 336(d)(2) of the Ctys Zoning Ordinance. For an amendment of proffered conditions, the following must also be submitted: Amended development or concept plan meeting the Application Requirements of tem'2(c)' in Zoning Amendment Procedures, r I applicable. F- Written proffers to be amended. See the City's Guide to Proffered Conditions, F- Copy of previously adopted Ordinance. For a planned unit development amendment, the following must also be submitted: I- Amended development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance. r Copy of previously adopted Ordinance. For a comprehensive sign overlay amendment, the following must also be submitted: f Amended comprehensive signage plan meeting the requirements of Section 36.2- 336(d) of the City's Zoning Ordinance. I- Copy of previously adopted Ordinance. For a proposal that requires a trait Impact study be submitted to the City, the following must also be submited: I- A Traffic Impact Study in compliance with Appendix &2(e) of the City's Zoning Ordinance. For a proposal that requires a traffic Impact smalls be submitted to VDOT, the following must also be submitted: r Coversheet. F- Traffic impact analysis. F- Concept plan. F- Proffered conditions, if applicable. F- Required fee. 'An electronic copy of this application and checklist can be found atwwwroanolreva.gov/pbd by selecting'Planning Commission' under 'Boards and Commissions'. A complete packet must be submitted each time an application is amended, unless otherwise specified by staff. To: City of Roanoke, VA Dept. of Planning, Building & Development Attn: Katharine Gray From: Corbin White RE: Proposed Rezoning of Tax Parcels 2280801 & 2280803 from MX to CG Attached please find: Rezoning Application package, consisting of: Zoning Amendment Application Zoning Amendment Application Checklist Rezoning Request Narrative Proffered Conditions to be Adopted 11 "x17' Concept Site and Building Plans, including Elevations CWA Check #9618 for $925.00 Filing Fee CWA Check #9619 for $560.00 Legal Advertisement Fee Information transmitted via: Hand - delivered Katharine, As we discussed, I have forwarded a PDF of the Concept Plan information such that it may be attached for distribution. Please call me if you have questions or require additional information. Thanks cc: Mr. Jeff Thompson - Blue Eagle Credit Union RECEIVED C�VA -`` C .I�fJ ��E]L ]L VIA %ISTE ASSN., B OCT 312016 %'1'F_S` FNGINFF_RS 9ll R0'L4'ORS' PLA CITY GP ROANOKE NN EIi S' PLANNING BUILDING 8 4203 MELROSE AVENUE DEVELOPMENT P.O. BOX 6260 ROANOKE, VIRGINIA 24017 -0260 PHONE (540) 366 -3400 FAX (540) 366 -8702 LETTER OF TRANSMITTAL October 31, 2016 To: City of Roanoke, VA Dept. of Planning, Building & Development Attn: Katharine Gray From: Corbin White RE: Proposed Rezoning of Tax Parcels 2280801 & 2280803 from MX to CG Attached please find: Rezoning Application package, consisting of: Zoning Amendment Application Zoning Amendment Application Checklist Rezoning Request Narrative Proffered Conditions to be Adopted 11 "x17' Concept Site and Building Plans, including Elevations CWA Check #9618 for $925.00 Filing Fee CWA Check #9619 for $560.00 Legal Advertisement Fee Information transmitted via: Hand - delivered Katharine, As we discussed, I have forwarded a PDF of the Concept Plan information such that it may be attached for distribution. Please call me if you have questions or require additional information. Thanks cc: Mr. Jeff Thompson - Blue Eagle Credit Union -8-CXX A CALDWELL WIIITE ASSOCIATES ENGINRGl25 / EVRV LYORS / PLANNERS' 1203 MELROSE AVENUE P.O. BO\ 6260 ROANOI(E, VIRGINIA 2b17-0'360 (bAOJ 988 -3J00 FAA- (5401 9E6 -69012 Blue Eagle Credit Union Site Proposed Rezoning from MX to CG (with conditions) City of Roanoke Tax Parcels 2280801 & 2280803 —1430 Hershberger Road, NW Rezoning Request Narrative The facility that currently exists on the site was constructed in 1980, and for the majority of time since its original construction, the eastern portion of the structure has been used as a branch bank or credit union with a drive -thru. The western portion of the building has at times been rented out to office and other financial -type uses. Under proposed conditions, the site will remain a financial institution with drive -thru. As Blue Eagle's Member base has seen substantial growth, they will now be expanding into the western portion of the building, and performing some remodeling of the building. As shown on the attached Concept Plan, the only substantial changes proposed for the site will be to: 1) Remove the existing, dated drive -thru canopy on the eastern side of the building in its entirety, and replace the existing pavement and canopy area with green space to include lawn grasses, trees and shrubs. 2) Construct a new full - service remote drive -thru facility on the western face of the building, adjacent to Eden Drive. This will allow this 24 -hour use to be located in an area deemed to be more secure, as there is more public activity on this face of the building, and the drive - thru area will be readily visible from the public streets. 3) As a result of the new drive -thru location, certain on -site circulation patterns will change, and the northern Eden Drive curb-cut will be reconstructed to become right -turn, exit only. Justification for the Chanae Through the 2005 City-wide change in zoning designations, the site was included in the MX -Mixed Use zoning district, which allows neither financial institutions, nor drive -thru facilities. For the past eleven (11) years, this has not created any problems for the owners, as there have been no need to make changes to the site's content or operation. Now, with the desire to relocate the drive -thru technology, Blue Eagle has been informed by the City that this "non - conforming use" cannot be relocated under the current MX zoning designation. I In short, the rezoning is requested to bring the existing uses into conformance with the requirements of the Zoning Ordinance. The CG zoning district is by definition: "to permit motor vehicle dependent uses that are generally developed as single use developments on individual lots, subject to landscaping, access, and signage standards. Such development is generally characterized by individual curb cuts, access drives, and signage. It is intended that this district be applied primarily along heavily traveled arterial streets, with an emphasis on clustering such development at major intersections. While recognizing the motor vehicle traffic generated by the uses permitted in this district, it is the intent of the regulations of the district to encourage and recognize pedestrian access and public transit forms of transportation by locating parking to the side and rear of buildings and minimizing conflict through landscaping and signage standards. The uses permitted in this district generally require a high volume of traffic along the frontage of the establishment and include horizontally oriented buildings. Such permitted uses include general retail establishments, offices, service establishments, motor vehicle related sales and service, eating establishments, and entertainment uses. The CG District is also intended to accommodate travel- oriented uses such as hotels, motels, and gasoline stations" As this site is a long- standing Financial institution, is located along one of the City's largest arterial streets, and is considered a service establishment, it seems only fitting to pair the correct zoning designation to this site and the uses it contains. It is a fact that the site is not a perfect match for the district's definition, as the building and parking layout are more in tune to the development patterns that were in -place at the time of its original construction. However, without major changes to the structure's location and relative parking scheme, these items are unavoidable. As we are not proposing use changes in conjunction with the requested rezoning, there would be no changes to the traffic generation of the site or the way pedestrians can access the facility. In our opinion, the effects that the rezoning may have on the surrounding neighborhood are fairly limited. One effect is the potential that the requested rezoning may, in some future time, allow uses on the property that may be deemed incompatible given the proximity to surrounding residential areas. In order to alleviate these concerns, we have proffered a list of uses that would be allowed to be placed on the site. this list pares out certain uses that could normally be allowed in the CG District either "by right", or with "special exception ", but will not be permitted under the proffered conditions, should the rezoning be approved. Similarly, under the proposed CG Zoning District, the Zoning Ordinance allows a zero rear yard setback and a building floor ratio of 5.0. Given that the property is bounded to the rear by a residential zoning district, and that a floor area ratio of 5.0 would not be in good keeping with the neighborhood, we have offered proffers which would keep the rear yard setback identical to that of the current MX District, so long as the property to the rear is zoned residential, and have further proffered to maintain the floor area ratio of 1.0 which is allowed in the current MX District. Additionally, we do indeed recognize that relocating the drive -thru facility to the Eden Drive side of the site will place this use in an area more visible to the immediately adjacent neighbors. We feel it prudent to mention that while we hope that the remote drive -thru facility will enhance Blue Eagle's a business, we are not proposing a high - volume fast food drive -thru window. Under current conditions, the drive -thru facility, which also serves a 24 -hour ATM, sees about 25 patrons per day, or about one per hour averaged over the time the facility is available to Members. Even with this relatively low volume, we recognize that the appearance of the structure will change, and therefore proffer to install the trees and shrubs shown in the proffered conditions in the area between the drive4hru lane and the adjacent Eden Drive right -of -way line to soften the effects of the building change. Finally, we proffer that any new signage will be in accordance with the MX Zoning District. As the proposed CG District includes more lenient signage regulations, and could potentially allow future signage not in good keeping with the neighborhood, this would help alleviate any concerns over inappropriate signage configurations, while still allowing the existing signage to remain. Availability of Other Similarly Zoned Properties in the General Area and in the CItV From a review of nearby parcels for sale on Loopnet.com, it appears there are three (3) contiguous parcels for sale at 4812, 4818, and 4820 Williamson Road which are currently zoned CG. However, as the site of the proposed rezoning is not being considered for a new use, it would seem a bit excessive to relocate the existing Blue Eagle facility to a new site. Relationship of Proposed Amendment to City's Comprehensive Plan and Applicable Neighborhood Plan The Greater Grandview Area Neighborhood Watch Association, Inc. is the community group that the property is located within. As of the time of preparation of this Narrative, we could find no documentation relative to the development objectives of this group. The City's web -site, however, indicates that the area included in the GGANWA is included in the Williamson Road Neighborhood Plan, which is a component of the City's 2001 — 2020 Comprehensive plan. The Future Land Use section of the plan indicates that the southern side of Hershberger Road is to be small- and - medium - scale - commercial, which is a perfect fit for a branch credit union. For the desired elements within small-and-medium-scale-commercial, the Plan suggests "Such areas should be designated with neighborhood commercial, office - residential, and general commercial zoning districts as appropriate for the context scale, and existing land use pattern".. Given that the context of the Blue Eagle property is financial in nature, it is fitting that the property be permitted to be included in the CG district. The Commercial Design Guidelines section of the plan includes the following as actions that can be taken for existing buildings and sites: Plant trees. Trees are an inexpensive and immediate way to make a positive impact on the appearance of any site. Remove asphalt and replace it with landscaping or buildings. Many businesses have far more paved area than is necessary for typical parking demands. The result is that asphalt becomes the dominant element of the landscape rather than actual business operations. 31 Similarly, the Environmental Resources section of this Plan mentions the abundant opportunity to increase the tree canopy in the area. The site changes Blue Eagle proposes not only reduce the amount of impervious cover on their site, but will also plant new trees at the location of the current drive -thru and along Eden Drive, as mentioned above. a CALDWELLWHITE ASSOCIATES ENGINEERS / SVRVENORS / PLPNNERS 1203 E AVENVH P..O. .. .01O\ 6280 ROANOI(E. VIRGIR.\ 24019 -0200 (: f0 366 -3400 FA%: (500) 300 8102 Blue Eagle Credit Union Site Proposed Rezoning from MX to CG (with conditions) City of Roanoke Tax Parcels 2280801 & 2280803 —1430 Hershberger Road, NW Proffered Conditions to be Adopted The applicant hereby requests that the following proffered conditions be adopted as they pertain to Official Tax Numbers 2280801 and 2280803. A) It is proffered that only the following uses will be "permitted by right" on the subject property: 1) Business service establishment, not otherwise listed 2) Employment or temporary labor service 3) Financial institution 4) Laboratory, dental, medical, or optical 5) Laboratory, testing and research 6) Medical clinic 7) Office, general or professional 8) Office, general or professional, large scale 9) Caterer, commercial 10)Community market 11)Drive- through facility 12)Ddve4hrough kiosk 13)Funeral home 14)Kennel, no outdoor pens or runs 15)Live -work unit 16)Mixed -use building 17)Studio/multimedia production facility 18) Bakery, confectionary, or similar food production, retail 19)Body piercing establishment 20)Car wash, not abutting a residential district 21)Contractor or tradesman's shop, general or special trade 22)Dry cleaning and laundry pick -up station 23)General service establishment, not otherwise listed 24)lntemat sales establishment 25)Janitorial services establishment 26)Nursery orgreenhouse, commercial 27)Personal service establishment, not otherwise listed in this table li 28)Pet grooming 29)Retail sales establishment, not otherwise listed civic, or social organization center 35)Eating and drinking establishment, not abutting a residential district 36)Heafth and fitness center 37)Meeting hall 38)Microbrewery or microdistillery not abutting a residential district 39)Park or playground 40)Place of worship 41)Recreation, indoor 42)Theater, movie or performing arts 43)Artist studio 44)Community food operation 45)Community garden 46) Day care center, adult 47) Day care center, child 48) Educational facilities, business school or nonindustrial trade school 49) Educational facilities, college /university 50)Educational facilities, elementary/middle/secondary 51)Educational facilities, industrial trade school 52)Educational facilities, school forthe arts 53) Fire, police, or emergency services 54)Govemment offices or other government facility, not otherwise listed 55)Library 56)Museum 57)Post office 58)Supply pantry 59)Training facility for police, fire, or emergency services 60) Parking lot facility 61) Parking, off -site 62)Broadcasting studio or station 63)Utillty distribution or collection, basic 64)Wireless telecommunications facility, stealth 65)Accessory uses, not otherwise listed in Table 36.2 -315 of the Zoning Ordinance of the City of Roanoke B) It is proffered that only the following uses will be "permitted by special exception" on the subject property: 1) Campground 2) Outpatient mental health and substance abuse clinic 3) Car wash, abutting a residential district 4) Eating and drinking establishment, abutting a residential district 5) Microbrewery or microdistillery abutting a residential district 21 6) Utility distribution or collection, transitional 7) Agricultural operations C) It is proffered that a fifteen foot (15) building setback will be maintained along the abuting property line (Official Tax Map No. 2280814), so long as that property is included in a residential zoning district. D) It is proffered that the property will maintain no greater than a 1.0 maximum floor area ratio. E) It is proffered It is proffered that 2 large deciduous trees spaced between twenty to forty feet on center and evergreen shrubs spaced between two to three feet on center shall be installed and maintained between the relocated drive -thru lane and the right-of-way of Eden Drive, NW. F) It is proffered that immediately following the rezoning of the subject parcels from MX to CG, the owner will consolidate tax parcels 2280801 and 2280803 into a single property. This property consolidation will be undertaken in accordance with the City's Subdivision Ordinance and review/ approval / recordation processes. G) It is proffered that any new signage on the property will conform to the requirements of the City of Roanoke Zoning Ordinance, Table 668 -1, for the MX, Mixed Use District. End of Proposed Proffered Conditions a r _ ° uG OFFOxvry mameaenrsam]KAS �wvs °.°...°o. v...,m _.... _ ;II i it —�� 8((IG FA(iG FFFNI WYIXI - _.�.u,e�u.v °v..__._vme •vnwe.eanvasw. uv- iv,mra mrc BLUE EAGLE CREDIT UNION 1430 HERSHBERGER RD. N.W. Z. w ROANOKE, VA 24012 OWNERS: BLUE EAGLE CREDIT UNION O9 ? Q ' e � � z0 oa a O K �Ou a�D wN� jOV m0 mrvceeiunusomEtaiG p CODE INFO VICINITY MAP I TYPE OF CONSTRUCTION: 5 -B USE STORIES: ALLOWED STORIES L 2 ACTUAL ACTUAL: 1230 Sp. FL ACTUAL 1230 SO. . uA CODE: 20121TERNATIONAL BUILDING CODE ' °"' ° "" "Fk -C' Q Z 0 Z- 2o> =w o.0 ULLO w K O WpO NF �aU m4 A -0 ., 13095 Z O_ O �WY OwO w Z ULLO K BOLL ¢o )o wNl- jdU mO 13095 ZONING DISTRICT MAP 1430 and 0 Hershberger Road NW Official Tax Parcels: 2280801 and 2280803, respectively ®Area to be Rezoned Zoning AD. Airport Dev CG. Commercial- General _ CLS Commercial-Large Site CN. Commercial - Neighborhood D'. Downtown 1 -1. Light Industrial 1 -2: Heavy Industrial IN'. Institutional INPUD. Institutional Planned Unit Dev IPUD: Industrial Planned Unit Dev MX'. Mixed Use O MXPUD. Mixed Use Planned Unit Dev R -12'. Res Single Family R -3: Res Single- Family R -5: Res Single - Family R -7'. Res Single - Family RA- Res - Agricultural RM -1 Res Mixed Density RM -2'. Res Mixed Density RMF Res Multifamily - ROS Recreation and Open Space - UF: Urban Flex t t Conditional Zoning N 0 100 200 Feet +� I H I--I S CG(c): COmmerClal•GeneraI Contl't""I Ord #25984 c o� CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 _ Roanoke, Virginia 24011 -1536 Telephone (540)653 -2541 Fax: (540)8534145 STEFII ANNE M. MOON REYNOLDS, MMC E-mail; clerkQroanokeva.gov CECELIA F. MCCOV City Clerk Deputy City Clerk CECELIA T. WERR, CMC Auiataat Deputy City Clerk December 20, 2016 Dr. Charles W. Steger, Board Chairman Virginia Western College Educational Foundation, Inc. 3093 Colonial Avenue, S. W. Roanoke, Virginia 24015 Dear Dr. Steger: I am enclosing copy of Ordinance No. 40734 - 1 21 91 6 authorizing the City Manager to execute Amendment No. 1 to a Lease Agreement and Amendment No. 1 to a Management Services Agreement with Virginia Western Community College Educational Foundation, Inc., for the lease of an approximately 0.1671 acre parcel of City -owned property located at 709 South Jefferson Street, S.W., Roanoke, Virginia, known as the former Gill Memorial Hospital Building, designated as Roanoke City Official Tax Map No. 1020510. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, December 19, 2016; and is in full force and effect upon its passage. Enclosure c: Sincerely, � St on R4noldsN M City Clerk Dr. Robert H. Sandal, President, Virginia Western Community College, 3093 Colonial Avenue, S. W., Roanoke, Virginia 24015 Christopher P. Morrill, City Manager Barbara A. Dameron, Director of Finance Wayne Bowers, Director of Economic Development Marc Nelson, Special Projects Coordinator P( i'St l' IN 'I III• ('O11N('II, O12'1'1II ±('I'I'Y OI� ROANOKIi, VIRGINIA The 19th day ul Ile. nn her, 201h. No. 40734- 721976. AN ORDINANCE authorizing the City Mamlger to execute Amendment No. I to a Lease Agreement and Amendment No. 1 to a Management Services Agreement with Virginia Western Community College Educational Foundation, Inc. ('Foundation "), for the lease of an approximately 0.1671 acre parcel of City -owned property located at 709 South Jefferson Street, S.W., Roanoke, Virginia, I(nown as the former Gill Memorial Hospital Building ( "Gill Memorial Properly "), designated as Roanoke City OlTicial Tax Map No. 1020510; and dispensing with the second reading of this ordinance by title. WHEREAS, the City and the Foundation entered into a lease agreement dated November 20, 2015, that provided for City to (ease to and for Virginia Western Foundation to accept such lease of the Gill Memorial Property ( "Lease Agreement "); WHEREAS, the City and the Foundation have entered into a Management Services Agreement dated November 20, 2015 ( "Services Agreement "), in which the Foundation has agreed to certain terms and conditions to manage and operate, or to have its designee manage and operate, a technology acceleration center at the Gill Memorial Property focused primarily on connecting early stage companies to peers, mentors, and investors; and WHEREAS, a public hearing was held on December 19, 2016, pursuant to Sections 15.2 - 1800(B) and 15.2 -1813, Code of Virginia (1950), as amended, at which hearing all parties in interest acrd citizens were afforded an opportunity to be heard on the proposed lease. O- Amendment No 1 0 1-case and Services AgreenienbVWCC F.(12 -19 -I6) THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized, to execute, in a form approved by the City Attorney, Amendment No. I to the Lease Agreement with the Foundation to lease the Gill Memorial Property, to be operated by the Foundation, or its designee, as an acceleration center flocused primarily on connecting early stage companies to peers, mentors, and investors at the Gill Memorial Property, for a term of five years, commencing on the date the Foundation, or its designee, first occupies the Gill Memorial Property, 2. The City Manager is hereby authorized, to execute, in a form approved by the City Attorney, Amendment No. 1 to the Services Agreement between the City and the Foundation. The provisions of the proposed amendments to the [,ease Agreement and Services Agreement include revising the allowed use of the specific floors in the Gill Memorial Property, and clarification of the calculation of the operating revenues received by the Foundation, as more particularly described in the City Council Agenda Report dated December 19, 2016. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. AATTTTEgS�T::�� QQQ �} �ity Cle .J�✓ 0- Amendmem No. I Lo Lcnre and Services Agreemem -V WCCnF {I2 -19 -I E) 2 KaoFa'o CITY OF ROANOKE 0 �m OFFICE OF THE CITY ATT ORNEY 464 MUNICIPAL BUI1_DING 215 CHURCH AVENUE, SW t�R6iNlK ROANOKE, VIRGINIA 24011-1595 Daniel J. Callaghan TELEPHONE 540. 853.2431 City Attorney FAX 540. 853.1221 EMAIL: ciryaov @roanokeva.gov December 19, 2016 The Honorable Sherman P. Lea, Sr., Mayor and Members of City Council Roanoke, Virginia Timothy R. Spencer Steven J. Talevi David L. Collins Heather P. Ferguson Laura M. Carini Assistant City Attorneys Re: Amend the Lease Agreement and Management Services Agreement between City of Roanoke, Virginia, and Virginia Western Community College Educational Foundation, Inc. for the Acceleration Center located at 709 South Jefferson Street, Roanoke, VA, 24011. Dear Mayor Lea and Members of Council: Background: Pursuant to Roanoke City Ordinance No. 40374- 101915, adopted October 19, 2015, following a public hearing, City Council authorized the City Manager to execute a lease agreement with Virginia Western Community College Educational Foundation, Inc. (Foundation) to operate an acceleration center (Acceleration Center) focused primarily on connecting early stage companies to peers, mentors, and investors at the property known as the former Gill Memorial Hospital Building (Gill Memorial Property) located at 709 South Jefferson Street (Official Tax Map No. 1020510). In addition to operating the Acceleration Center, the Foundation will also serve as sub - landlord and property manager for the Gill Memorial Property. The City and the Foundation entered into such lease agreement dated November 20, 2015 (Lease Agreement). The City and Foundation have also entered into a Management Services Agreement dated November 20, 2015 (Management Services Agreement), in which Virginia Western Foundation has agreed to certain terms and conditions to manage and operate, or to have its designee manage and operate the Acceleration Center. The Lease Agreement provided that at all times during the lease two- thirds of the building (or 2 floors) shall be used by the Foundation, Virginia Western Community College (VWCC), or cohort companies in performing activities for the Acceleration Center; and one -third of the building may be used and/or subleased for any other purpose in accordance with all laws and the Lease Agreement. The Foundation will be entering into a sublease with V WCC for V WCC to operate and manage the Acceleration Center, collect subtenant rents, and pay all operating expenses. Under the sublease, V WCC will use a portion of the second floor for office space for its Workforce Solutions program, which will offer programming in support of the Acceleration Center. As a result, the space exclusively for the Acceleration Center will be reduced to the entire third floor, and a portion of the second floor. The first floor will be leased to an anchor tenant. Considerations In order for the Foundation to comply with the Lease Agreement, an amendment is required to revise the language requiring the Foundation to use two entire floors for the exclusive use of the Acceleration Center. Since the Virginia Department of Housing and Community Development (DHCD) is providing a grant of $600,000 to renovate the building, the City has confirmed with DHCD that this revision to the Lease Agreement is acceptable and will not affect the grant agreement. The City and Foundation have also requested revisions to the Management Services Agreement in order to clarify what revenues comprise operating revenues received by the Foundation. Recommended Actions: Absent comments at the public hearing to the contrary, adopt an ordinance authorizing the City Manager to execute Amendment No. t to the Lease Agreement with the Foundation substantially similar to the one attached to this report, and to execute such other documents, including an Amendment No. I to the Management Services Agreement, and to take such further actions as may be necessary to implement, administer, and enforce such Lease Agreement. All documents are subject to approval as to form by the City Attorney. Sincerely, Dame llagh City Attorney Christopher P. Morrill, City Manager R. Brian Townsend, Assistant City Manager for Community Development Stephanie Moon Reynolds, City Clerk Barbara A. Dameron, Director of Finance Troy A. Harmon, Municipal Auditor Wayne Bowers, Director of Economic Development Marc Nelson, Special Projects Coordinator DRAFT 12/12/16 AMENDMENT NO. 1 TO LEASE AGREEMENT This Amendment No. 1 to Lease Agreement (Amendment No. 1) is dated , 2016, by and between the City of Roanoke, Virginia, (City), and Virginia Western Community College Educational Foundation, Inc., a Virginia non -stock corporation (Virginia Western Foundation). RECITALS: WHEREAS, the City and Virginia Western Foundation entered into a lease agreement dated November 20, 2015, that provided for City to lease to and for Virginia Western Foundation to accept such lease of all that real property located in Roanoke, Virginia, designated as Roanoke Official Tax Map No. 1020510, located at 709 South Jefferson Street, Roanoke, VA, 24011, consisting of 0.1671 acres, more or less, together with a building and improvements thereon (Property) (Lease Agreement); WHEREAS, the City and Virginia Western Foundation have entered into a Management Services Agreement dated November 20, 2015 (Management Services Agreement), in which Virginia Western Foundation has agreed to certain terms and conditions to manage and operate, or to have its designee manage and operate, a technology acceleration center (Acceleration Center) focused primarily on connecting early stage companies to peers, mentors, and investors; WHEREAS, Virginia Western Foundation shall use the Property, as renovated and upgraded (Leased Premises), to manage and operate the Leased Premises, enter into a sublease with certain third parties, including but not limited to Virginia Western Community College, to manage certain day -to -day functions of the Acceleration Center and the Leased Premises, and allow Virginia Western Foundation to enter into additional sublease agreements with certain innovative and entrepreneurial companies that are consistent with the goals of the Acceleration Center; WHEREAS, Virginia Western Foundation has requested that certain terms and provisions of the Lease Agreement be amended, changed, or modified as further set forth in this Amendment No. 1; and WHEREAS, the City and Virginia Western Foundation wanted to reduce to writing the amendments, modifications, and changes to the Lease Agreement which have been agreed to by the parties in accordance with Section 20.J of the Lease Agreement. NOW, THEREFORE, the City and Virginia Western Foundation, in consideration of the promises and obligations as contained in the Lease Agreement and in the above Recitals, which Recitals are incorporated herein and made a part of this Amendment No. 1 and as set forth in this Amendment No. 1, mutually agree as follows: DRAFT 12/12/16 SECTION 1. AMENDMENTS TO LEASE AGREEMENT Virginia Western Foundation and the City agree to amend, and do hereby amend, the following Sections of the Lease Agreement as follows: 1.1 Section 2.A of the Lease Agreement is hereby replaced with the following: "Lessor represents and warrants to Lessee that, as of the commencement of the Lease Term, the Leased Premises will be in compliance with all laws, ordinances and regulations of or relating to commercial property located in the City of Roanoke, VA, including but not limited to the Americans with Disabilities Act of 1990 ( "ADA "), building codes and environmental laws. Lessee may enter into a sublease or subcontract agreement with Virginia Western Community College (the "College ") or some other third party such that the College or designated third party shall be responsible for the day -to -day management of the Acceleration Center and the negotiation of one or more subleases with third parties, including but not limited to Cohort Companies (as defined in the Management Services Agreement). All subleases, other than any sublease between the Lessee and the College, shall be in a form with terms and conditions at the sole discretion of Lessee to be included as Exhibit C attached to the Management Services Agreement; and, provided further, that no such terms and conditions of any sublease shall conflict with the terms and conditions contained herein or in the Management Services Agreement. The form of any sublease between Lessee and the College shall be approved by Lessor, such approval not to be unreasonably withheld. Lessee acknowledges and agrees that at all times during the Lease Term (as defined in Section 3 below) at least one -third of the Leased Premises (or, I floor) shall be used by Lessee, the College performing activities for the Accelerator Program, and /or Cohort Companies for the Accelerator Program; one -third may be used by the College performing activities for the Accelerator Program and/or other College -run programs; and one -third of the Leased Premises may be used and /or subleased for any other purpose in accordance with all laws and this Lease Agreement." SECTION 2. RECORDATION OF NOTICE The parties agree that the City will prepare an appropriate notice of this Amendment No. 1 and the City shall record such notice in the Roanoke City Circuit Court to reflect the changes to the Lease Agreement, for which a Memorandum of Lease was recorded on November 23, 2015, Virginia Western Foundation agrees to pay for all recording costs and fees connected with the recording of this Amendment No. 1. SECTION 3. EFFECTIVE DATE OF AMENDMENT NO. 1 The effective date of this Amendment No. I is , 2016 DRAFT 12/12/16 SECTION 4. BINDING EFFECT AND CONTINUATION OF TERMS AND CONDITIONS OF LEASE AGREEMENT All the terms and conditions of the Lease Agreement between the parties dated November 20, 2015, together with this Amendment No. 1, shall continue in full force and effect, as modified by this Amendment No. 1. The Lease Agreement, as amended by this Amendment No.l, constitutes the entire agreement of Virginia Western Foundation and the City with respect to this matter. IN WI "FNESS WHEREOF, the parties have signed this Amendment No. I by their authorized representatives. WITNESS: Printed Name and Title WITNESS: Printed Name and Title Approved as to Form: Assistant City Attorney CI "rY OF ROANOKE, VIRGINIA By: Christopher P, Morrill, City Manager VIRGINIA WESTERN COMMUNITY COLLEGE EDUCATIONAL FOUNDATION. INC. By: Printed Name and Fide DRAFT 12/12/16 Approved as to Execution: Assistant City Attorney Authorized by Ordinance No. DRAFT 12/12/16 AMENDMENT NO. 1 TO MANAGEMENT SERVICES AGREEMENT This Amendment No. 1 to Management Services Agreement (Amendment No. 1) is dated , 2016, by and between the City of Roanoke, Virginia, (City), and Virginia Western Community College Educational Foundation, Inc., a Virginia non -stock corporation (Virginia Western Foundation). RECITALS: WHEREAS, the City and Virginia Western Foundation have entered into a Management Services Agreement dated November 20, 2015 (Management Services Agreement), in which Virginia Western Foundation has agreed to certain terms and conditions to manage and operate, or to have its designee manage and operate, a technology acceleration center (Acceleration Center) focused primarily on connecting early stage companies to peers, mentors, and investors; WHEREAS, the City and Virginia Western Foundation entered into a lease agreement dated November 20, 2015, that provided for City to lease to and for Virginia Western Foundation to accept such lease of all that real property located in Roanoke, Virginia, designated as Roanoke Official Tax Map No. 1020510, located at 709 South Jefferson Street, Roanoke, VA, 24011, consisting of 0.1671 acres, more or less, together with a building and improvements thereon (Property) (Lease Agreement); WHEREAS, Virginia Western Foundation is using the Property, as renovated and upgraded (Leased Premises), to manage and operate the Leased Premises, enter into a sublease with certain third parties, including but not limited to Virginia Western Community College, to manage certain day -to -day functions of the Acceleration Center and the Leased Premises, and allow Virginia Western Foundation to enter into additional sublease agreements with certain innovative and entrepreneurial companies that are consistent with the goals of the Acceleration Center; WHEREAS, Virginia Western Foundation has requested that certain terms and provisions of the Management Services Agreement be amended, changed, or modified as further set forth in this Amendment No. 1; and WHEREAS, the City and Virginia Western Foundation wanted to reduce to writing the amendments, modifications, and changes to the Management Services Agreement which have been agreed to by the parties in accordance with Section ITJ of the Management Services Agreement. NOW, THEREFORE, the City and Virginia Western Foundation, in consideration of the promises and obligations as contained in the Management Services Agreement and in the above Recitals, which Recitals are incorporated herein and made a part of this Amendment No. 1 and as set forth in this Amendment No. 1, mutually agree as follows: DRAFT 12/12/16 SECTION 1. AMENDMENTS TO MANAGEMENT SERVICES AGREEMENT Virginia Western Foundation and the City agree to amend, and do hereby amend, the following Sections of the Management Services Agreement as follows: 1.1 Section 4.13.3 of the Management Services Agreement is hereby replaced with the following: "Satisfy all operating expenses of the Leased Premises. In any year that operating expenses exceed operating revenues, the City will assist with offsetting the deficit by providing a cash payment to the Virginia Western Foundation. The amount of this payment will be determined by subtracting all operating expenses for the Leased Premises from all revenues derived from the Leased Premises. No annual payment from the City shall exceed $25,000. Pursuant to a Management Services Agreement between Virginia Western Foundation and the Roanoke Blacksburg Technology Council (RBTC) dated (RBTC Agreement), RBTC is permitted to keep revenues generated by the Acceleration Center and the Leased Premises for the first 12 months of the RBTC Agreement. Virginia Western Foundation agrees that any revenues received by RBTC will be included as operating revenues received by Virginia Western Foundation in the calculation of any deficit funds Virginia Western Foundation requests from the City under this Section 4(B)(3)." SECTION 2. RECORDATION OF NOTICE. The parties agree that the City will prepare an appropriate notice of this Amendment No. 1 and the City shall record such notice in the Roanoke City Circuit Court to reflect the changes to the Management Services Agreement, which has as its Exhibit A the Lease Agreement, for which a Memorandum of Lease was recorded on November 23, 2015, Virginia Western Foundation agrees to pay for all recording costs and fees connected with the recording of this Amendment No. 1. SECTION 3. EFFECTIVE DATE OF AMENDMENT NO. 1 The effective date of this Amendment No. 1 is 12016. SECTION 4. BINDING EFFECT AND CONTINUATION OF TERMS AND CONDITIONS OF MANAGEMENT SERVICES AGREEMENT All the terms and conditions of the Management Services Agreement between the parties dated November 20, 2015, together with this Amendment No. 1, shall continue in full force and effect, as modified by this Amendment No. 1. The Management Services Agreement, as amended by DRAFT 12/12/16 this Amendment No. 1, constitutes the entire agreement of Virginia Western Foundation and the City with respect to this matter. IN WITNESS WHEREOF, the parties have signed this Amendment No. I by their authorized representatives. WITNESS: CITY OF ROANOKE, VIRGINIA By: Christopher P, Morrill, City Manager Printed Name and Title WITNESS: VIRGINIA WESTERN COMMUNITY COLLEGE EDUCATIONAL FOUNDATION, INC. By: Printed Name and Title Printed Name Approved as to Form: Assistant City Attorney Approved as to Execution: Assistant City Attorney Authorized by Ordinance No. The Roanoke Times Roanoke, Virginia Affidavit of Publication VIRGINIA WESTERN COMMUNITY COLLEGE EDUCATIONAL FOUNDATION INC 3093 COLONIAL AVE., SW ROANOKE, VA 24015 Account Number 6053286 Oate December 12, 2016 Date Category Description Ad Bat, Total Cost 12116/2016 Legal Notices NOTICE OF PUBLIC HEARING The City of Roanoke CCity") 1 x 96 L 507.76 Publisher of the Roanoke Times 1, (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: 12112/2016 The First insertion being given ... 12/12/2016 Newspaper reference: 0000445095 Sworn to and subscribed before me this Monday, December 12, 2016 nom_ Notary IW6IIC State of Virginia City/County of Roanoke My Commission expires JUIN 3 0 2010 JUN 10 2018 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU to NOTICE OF PUBLIC HEARING of Roanoke ( "Cul ) and ,stem Community College Foundation. Inc Fo rmed into a lease 't, November 20. 2015. ed For City to lease t0 and 510, located at 109 South be heath or the pi matter. enl. Roanoke, VA, 24011, to former GIII Memonal If you are a person with a disability llding ( "Cdll Memorial who needs accomrtlodathons for this o be o perated by the hearing, please contact the City Clerk's or its desii as an office at (540) X33541, before 12:00 center imposed primarily no0n on Thursday. December 15,2016. g lady stage corporator, dorm. and investors at GIVEN under my hand this 12th day of I Property. for a term of December, 2016. mmeard, on the date the or its designer, First Stephanie M. MOO. Reynolds Gill Memorial Property City Clerk. le Lease A9rtement is an a Management_ Services (845005) of Noel C Taylor Municipal Dullding, 115 Church Avenue, S.W., Roanoke, Vmpnim 2011, on and after Monday. December 12, 2016. For Number inbrt ation on the matter, you may contact the of ub of the City Clerk at (5401853 -2541. All parthes and interested entities may appear on the above date and time to NOTICE OF PUBLIC HEARING The City of Roanoke ( "City ") and Virginia Wester Community College Educational Foundation, Inc. ( "Foundation ") entered into a lease agreement dated November 20, 2015, that provided for City to lease to and for Virginia Western Foundation to accept such lease of all that real property located in Roanoke, Virginia, designated as Roanoke Official Tax Map No. 1020510, located at 709 South Jefferson Street, Roanoke, VA, 24011, known as the former Gill Memorial Hospital Building ( "Gill Memorial Property ") to be operated by the Foundation, or its designee, as an acceleration center focused primarily on connecting early stage companies to peers, mentors, and investors at the Gill Memorial Property, for a term of five years, commencing on the date the Foundation, or its designee, first occupies the Gill Memorial Property ( "Lease "). The Lease Agreement is an exhibit to a Management Services Agreement ( "Services Agreement"). The Services Agreement sets forth the terms under which the Foundation, or its designee, will operate the acceleration center. The parties desire to amend the Lease and Services Agreement. The provisions of the proposed amendments to the Lease and Services Agreement include revising the allowed use of the specific floors in the Gill Memorial Property, and clarification of the calculation of the operating revenues received by the Foundation. Pursuant to the requirements of Sections 15.2- 1800(B) and 15.2 -1813, Code of Virginia (1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Monday, December 19, 2016, commencing at 7:00 p.m., or as soon as the matter may be heard, in the Council Chamber, 4`h Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. Copies of the proposed Amendment No. 1 to the Services Agreement and Amendment No. l to the Lease Agreement, and the proposed ordinance, 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, December 12, 2016. 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, December 15, 2016. GIVEN under my hand this 12th day of December, 2016. PHNolice-tse VWCCEF- 709SJeffmon St- TM1020510 Stephanie M. Moon Reynolds City Clerk. Note to Publisher: Please publish in full once in the Legal Section of the Roanoke Times, on December 12, 2016. Please send affidavit of publication to: Stephanie M. Moon Reynolds, City Clerk 4th Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 456 Roanoke, Virginia, 24011 Please send bill to: Virginia Western Community College Educational Foundation, Inc. 3093 Colonial Avenue, S. W. Roanoke, Virginia 24015 Attn: Dr. Angela Falconctti PH Notice Use— V WCCEF -709 S Jefferson St —TM 1020510 C� = CITY OF ROANOKE qW OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Ena: (540)853 -1145 STEPIIANIE M. MOOR REYNOLDS, NIMC E-mail: alrrkvroan0 keva.gov City Clerk The Honorable Sherman A. Holland Commissioner of the Revenue Roanoke, Virginia Dear Mr. Holland and Ms. Powers: January 4, 2017 CECELIA E. MCCOY Deputy City Clerk CECE.LIA T. W EDR, CMC Assistant Deputy City Clerk The Honorable Evelyn W. Powers City Treasurer Roanoke, Virginia I am forwarding attested copies of Ordinance Nos. 40735- 121916 and 40736 - 121916, which have been properly executed by TAAP Real Property I, LLC, and TAAP Real Property II, LLC, for purposes of assessment and collection of the service charges established by these Ordinances. Sincerely, Stephanie e N1�oao�n Reynoltfr -MMC City Clerk Enclosure PC: Annette Lewis, President and Chief Executive Officer, Total Action for Progress, 302 2nd Street, S. W., Roanoke, Virginia 24011 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Susan Lower, Director, Real Estate Valuation R.B. Lawhorn, Budget Administrator, Management and Budget CITY OF ROANOKE OFFICE OF THE CITY CLERK le 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 F": (540)853 -1145 SI'EPIIANIE M. MOON RBFNOLDS, MM(' F- ,m,il: clerk(nlrwn,pkcvn.gnv ('ECETIAP.M('('OV 01, ('Irrk Depnry Gn Clerk December 20, 2016 CECBLIAT.WEBB,CMC ASSirinlll Dvpu(S Cky Clerk Annette Lewis President and Chief Executive Officer Total Action For Progress 302 2nd Street SW Roanoke, Virginia 24011 Dear Ms. Lewis: I am enclosing copies of Ordinance No. 40735- 121916 exempting from real estate property taxation certain real property located at 302 2nd Street, S.W., and designated as Roanoke Official Tax Map No. 1011502, owned by TAAP Real Property I, LLC, a Virginia limited liability company (TARP 1), and leased exclusively and solely to Total Action Against Poverty in Roanoke Valley (TAP), a Virginia non - stock, not for profit corporation, trading as Total Action for Progress, an organization devoted exclusively to charitable or benevolent purposes on a non - profit basis; and Ordinance No. 40736- 121916 exempting from real estate property taxation certain real property located at 2121 Salem Avenue, S.W., and designated as Roanoke Official Tax Map No. 1311221, owned by TAAP Real Property II, LLC, a Virginia limited liability company (TAAP II), and leased exclusively and solely to Total Action Against Poverty in Roanoke Valley (TAP), a Virginia non - stock, not for profit corporation, trading as Total Action for Progress, an organization devoted exclusively to charitable or benevolent purposes on a non - profit basis. The abovementioned measures were adopted by the Council of the City of Roanoke at its regular meeting held on Monday, December 19, 2016; and are in full force and effect on January 1, 2017, if by such time, copies of the measures, duly executed by an authorized officer of Total Action for Progress have been filed with the City Clerk. Sincerely, } l �l (/`.��\ Stephanie M. Reyrleld� Mf tt City Clerk Enclosure c: William H. 'Pete" Clark, III, Director of Property Management and Maintenance, Total Action for Progress, 302 2n' Street, S. W., Roanoke, Virginia 24011 R. Neal Keesee, Jr., Esquire, Woods Rogers PLC, 10 South Jefferson Street, Suite 1400, Roanoke, Virginia 24011 The Honorable Sherman A. Holland, Commission of the Revenue The Honorable Evelyn W. Powers, City Treasurer Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Susan Lower, Director of Real Estate Evaluation IN TILE COUNCIL OP1'11F CITY OF ROANOIUi, VIRGINIA, The 19th day of December, 2016. No. 40735 - 121916. AN ORDINANCF exempting from real estate property taxation certain real property located at 302 2nd Street, S.W., and designated as Roanoke Official Tax Map No. 1011502, owned by TRAP 12eal Properly 1, LL,C, a Virginia limited liability company (TAAP 1), and leased exclusively and solely to Total Action Against Poverty in Roanoke Valley (TAP), a Virginia non- stock, not for profit corporation, trading as Total Action for Progress, an organization devoted exclusively to charitable m benevolent purposes on a non -profit basis; providing for an elleclive date; and dispensing with the second reading of this ordinance by title. WHEREAS, "I'AAP 1, which is wholly owned by TAP, and TAP (hereinafter and collectively `the Applicant "), have petitioned Council to exempt certain real property owned by TAAP I from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia; WI- IEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Applicant's petition was held by Council on December 19, 2016; WHEREAS, the provisions of subsection B of Section 58.1 -3651, Code of Virginia (1950), as amended, have been examined and considered by the Council; WHEREAS, the Applicant agrees that the real property to be exempt from taxation is that certain real estate, including the land and any building located thereon, identified by Roanoke Official Tax Map No. 1011502, commonly known as 302 2nd Street, S.W., (the "Property "), and owned by TAAP 1, which is leased by TAAP I exclusively and solely to TAP for charitable and benevolent purposes, shall be used by the Applicant exclusively for charitable or benevolent purposes on a non -profit basis; WHEREAS, "PAP has demonstrated through its filing of IRS form 990 that the lax status ol'IAAP I is disregarded foi federal income lax purposes; and WIfIfRHAS, in consideration of Councils adoption of this Ordinance, the Applicant has voluntarily agreed to pay each year it service charge, in sn amount equal to twatly percent (20' %,) of the City of Ronnol<c's real estate tax levy, which would be applicable to the Pt'opelty were the Property not exempt foal such taxation, loot so long as the I'roperty is exempted front such taxation. NOW, TIIFRUORF., BF. IT ORDAINFI) by the Council of the City of Roanoke as follows: 1. Council classifies and designates TARP I and TAP as charitable or benevolent organizations within the context of Section 6(a)(6) of Article X of the Constitution of Virginia, and hereby exempts from teal estate taxation certain real estate, including the land and any building located thereon, identified by Roanoke Official Tax Map No. 1011502, commonly known as 302 2,d Street, S.W., located in downtown Roanoke and being included in the Downtown Service District, and owned by TAAP I, which Property is used exclusively by TAP for charitable or benevolent proposes on a non -profit basis; continuance of this exemption shall be contingent on the continued use of the Property in accordance with the purposes which the Applicant has designated in this Ordinance. 2. In consideration of Council's adoption of this Ordinance, the Applicant agrees to pay to the City of Roanoke on or before October 5 of each year a service charge in an amount equal to twenty (20 %) percent of the City of Roanoke's real estate tax levy, which would be applicable to the Property, were the Property not exempt from such taxation, for so long as the Property is exempted from such taxation. 3. The Applicant acknowledges and agrees that the real estate tax exemption granted pursuant to this Ordinance does not exempt Applicant from payment of the Downtown Service DIsfI let lux, which Applicant shall continue to pay. 4. '1lie tax exemption granled the Applicant pursuant to this Ordinance shall be further conditioned upon Applicant filing with the City of Roanoke Office of Management and 13ucl9Ct, on an annual hasi.s by each September L (i) it copy of the current IRS Form 990 lot - fAP; (ii) certification from l'AP that 'PAN is the sole member and manager of TAAP I; and (iii) copies all extensions, amendments, and renewals of leases or licenses between TAP and TAAP I. Applicant acknowledges that it any of the foregoing conditions are not met, the City reserves the right to terminate the tax exempt status of tho Property. 5. This Ordinance shall be in full force and effect on January I, 2017, if by such time a copy, duly executed by an authorized officer ofihe Applicant, has been filed with the City Clerk. 6. The City CIck is directed to forward an attested copy of this Ordinance, after it is properly executed by the Applicant, to the Commissioner of the Revenue, and the City Treasurer for purposes of assessment and collection, respectively, of the service charge established by this Ordinance, and to Annette Lewis, President, TAP, 7. Pursuant to § 12 of the Roanoke City Chatter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: . `Gr,� aty clerk ACCiPTED, AGREED TO AND FXECUlTD by Total Action Against Poverty in Roanoke Valley, a Virginia, non- stock, not for profit corporation, trading as Total Action Ior Progress, and 'I'AAP Reol Pmperty 1, LLC, a Virginia limited liability company, this Z� day of Total Action Against Poverty in Roanoke Valley, a Virginia, non- stock, not for profit corporation, trading as Total Action for Progress By Name: Title: CS TAAP Real Property 1, LLC, a Virginia limited liability company By its Manager Total Action Against Poverty in Roanoke Valley, a Virginia non- stock, not for profit corporation, trading as Total Action for Progress By, _ i C��3 Nam Title: C E) AGENDA .O. To: Honorable Mayor and Members of City Council Meeting: December 19, 2016 Subject: Tax Exemption Request - Total Action Against Poverty in Roanoke Valley and TAAP Real Property I, LLC. Property at 302 2 "d Street, S.W. (Official Tax Map No. 1011502) (CM16- 00177) Background: Total Action Against Poverty in Roanoke Valley (TAP), a Virginia, non - stock, not for profit corporation, and its wholly owned limited liability company, TAAP Real Property I, LLC, a Virginia limited liability company (TAAP q, have filed an application for tax exemption of real property located in the City in downtown Roanoke at 302 2n1 Street, S.W. (Official Tax Map #101 1 502). TAP was incorporated on April 28, 1965. In October of that same year, TAP opened its first year -round Head Start classroom. Today, it offers over 30 programs designed to give its clients a hand up. Its mission is to help individuals and families achieve economic and personal independence through education, employment, affordable housing, and safe and healthy environments. The property at 302 2 "d Street houses the corporate and program offices of TAP. TAAP I is the record owner of the Property and leases the entire property to TAP. TAP occupies the entire Property, and uses the Property exclusively for its charitable purposes. TAAP I is a Virginia limited liability company in which TAP is the sole member and manager. According to the IRS Form 990 filed by TAP, the separate legal entity of TAAP I is disregarded for federal income tax purposes. At present, annual real estate taxes on the Property are $13,948 on a total assessed value of $1,143,300. Considerations: On May 19, 2003, City Council approved a revised policy and procedure in connection with requests from non - profit organizations for tax exemption of certain property in the City by Resolution 36331 - 051903, with an effective date of January 1, 2003. In addition, pursuant to Section 58.1 -3651 A, Code of Virginia (1950), as amended, a local governing body may exempt real property from real property taxes that is owned by a nonprofit organization that uses the property for its charitable purposes. Although record title to the Property is held by TAAP I, TAP controls TAAP I and TAP uses all of the Property for the charitable purposes of TAP. TAP and TAAP I have provided the City with a copy of its current lease that expires on June 30, 2017. City Council has, on at least two occasions, granted tax exemptions on real property owned by a limited liability company that is entirely controlled by a charitable organization. Based on this policy and procedure, TAP and TAAP I have provided the necessary information required for the application for exemption that would take effect January 1, 2017. As a condition to granting the exemption, staff recommends that TAP and TAAP I provide City staff with copies of the annual IRS form 990 and all extensions, amendments, and renewals of leases between TAP and TAAP I on an annual basis. As noted above, the assessed value of the Property at 302 2 "' Street is currently $1,143,300 with annual taxes due of $13,948. In lieu of the $13,948, TAP and TAAP I would agree to pay to the City an annual service charge equal to twenty percent of the tax levy on the parcel for as long as the exemption continues. In this case, the amount of the service charge would be $2,790. Consequently, the City would be foregoing $11,158 in annual real estate revenue. TAP and TAAP I will continue to pay, in full, the service charge of $0.10 per $100 assessed value related to the Downtown Service District. Commissioner of the Revenue, Sherman Holland, has determined that TAP is not currently exempt from paying real estate and personal property taxes by classification or designation under the Code of Virginia. The IRS recognizes TAP as a 501 (c)(3) tax - exempt organization and the tax status of TAAP I is disregarded as a separate entity for federal tax purposes. Notification of a public hearing to be held December 19, 2016, was duly advertised in The Roanoke Times. Recommended Action: Adopt an ordinance to authorize exemption from real property taxation for TAP and TAAP I related to the Property pursuant to Article X, Section 6 (a) 6 of the Constitution of Virginia, effective January 1, 2017, subject to the conditions and requirements set forth in the proposed Ordinance. M -i- ---- - - - - -- hr stopher Morrill City Manager Distribution: Council Appointed Officers Honorable Sherman A. Holland, Commissioner of the Revenue Honorable Evelyn W. Powers, City Treasurer Barbara A. Dameron, Director of Finance R. Brian Townsend, Asst. City Mgr. for Community Development Sherman M. Stovall, Assistant City Manager for Operations Amelia C. Merchant, Director of Management and Budget William H. "Pete" Clark III, Director of Property Management and Maintenance Total Action for Progress 302 2 Street, S.W., Roanoke, VA 24011 R. Neal KeeseeJr., Esquire Counsel to TAP and TAAP I Woods Rogers PLC 10 S. Jefferson Street, Suite 1400 Roanoke, VA 24011 The Roanoke Times Roanoke, Virginia Affidavit of Publication TAP DEVELOPMENT Attn Rick Sheets PO BOX 2868 ROANOKE, VA 24001 Account Number 6070039 Date December 12, 2016 Data Category Description Ad Size Total Cost 1211812016 Legal Notices NOTICE OF PUBLIC HEARING Notice is hereby given that th 1 x ]t L 393.76 NOTICE OF PUBLIC NEARING The Applicant rea°ests tax exemption TRa parent of real property t lied by AP I and ..ee exclusively by TAP within the City of Roanoke, and described as soy 2nd ci x, s. w.. Tax Map No. 11502. :ea value or then cel` si�iis,aog and the taxes for°ine m is recent tax year paid the parcel are s s4ers. The aggregate loss of revenue exemeptions a granted n is $11,158..61 annually. after ka service charge of 00% of the a mi real a seal all such real estate tls levied milieu ......S. and ether interested persons Shall have e n be heard and express their unity pinions on this matter at the public hearing. If o re a person with a disability who needs a modations for this public hearing, contact the City Clerk's Ctrl °¢. (540) 853 -2541. by 12:00 noon on n ... day. December 15. 2ms. GIVE a N under my nand this 12th day °f D ¢[ember. 2ms. anie M. Moon Reynolds. City cirri, (4450aD 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: 1 211 212 01 6 The First insertion being given ... 12/1212016 Newspaper reference: 0000445081 B'ling Repr sentative Sworn to and subscribed before are this Monday, December 12, 2016 Notary Pb is ' State of Virginia City/County of Roanoke My Commission expires JUN 332013 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU JUN 302018 40L NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of Roanoke will hold a public hearing at its regular meeting to be held on Monday, December 19, 2016, commencing at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, 4" Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, on the question of adoption of an ordinance pursuant to Section 58.1 -3651, Code of Virginia (1950), as amended, approving the request of Total Action Against Poverty in Roanoke Valley, trading as Total Action for Progress (TAP) and TAAP Real Property I, LLC, (TARP 1), (collectively, the Applicant) for designation of real property owned by TAAP I and fully occupied by TAP as exempt from taxation. The Applicant requests tax exemption on a parcel of real property owned by TAAP I and used exclusively by TAP within the City of Roanoke, and described as 302 2n° Street, S.W., Tax Map No. 1011502. The current assessed value of the parcel is $1,143,300 and the taxes for the most recent tax year paid for the parcel are $13,948.26. The aggregate loss of revenue to the City of Roanoke if the real estate tax exemptions are granted is $11,158.61 annually, after a service charge of 20% of the annual real estate tax assessed on all such real estate is levied in lieu of taxes. Citizens and other interested persons shall have the opportunity to be heard and express their opinions on this matter at the public hearing. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office, (540) 853 -2541, by 12:00 noon on Thursday, December 15, 2016. GIVEN under my hand this 1 zrAay of np,. , 2016. Stephanie M. Moon Reynolds, City Clerk Note to Publisher: Please publish once in the Roanoke Times, Legal Notices, on Monday, December 12, 2016. Please send bill to: Annette Lewis, President Total Action for Progress P. O. Box 2868 Roanoke, Virginia 24001 (540) 283 -4866 Please send affidavit of publication to: Stephanie M. Moon Reynolds, City Clerk City of Roanoke Noel C. Taylor Municipal Building, 4" Floor 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 540- 853 -2541 c CITY OF ROANOKE OFFICE, OF TILE CITY CI,ERK 215 Church Avenue, S. W., Suite 456 Itnunoke, Virginia 24011 -1536 .µ clephnne. (540)x9 -2541 Pac (5410X53 -1145 S I FIT AN 14: Al. MOON R F A NOLnS, A I MC 1':111.01: rice lon l'nunnkcvu.4,,,' ('IX FLIA 1. M( '( -ON' October 14, 2016 ('EX ITIA 1. "TIM,( W A.vvixtxnl Dopnb ('ily clerk Christopher P. Morrill City Manager Roanoke, Virginia Dear Mr. Morrill: I am attaching copy of a petition from TAAP Real Property I, LLC and Total Action Against Poverty in the Roanoke Valley, a Virginia non - stock, not - for - profit corporation, dated September 22, 2016, which was filed in the City Clerk's Office on Friday, October 14, 2016, requesting exemption from taxation of real property located at 302 2n0 Street, S. W., Official Tax Map No. 1011502, to be used exclusively for charitable and benevolent purposes, pursuant to Section 58.1 -3651, Code of Virginia (1950), as amended. Petitions forwarded by the City Clerk to the City Manager by April 15 for evaluation and recommendation to City Council will have an effective date of July 1st. Petitions forwarded by October 15 will have an effective date of January 1st. Sincerely, Stephanie M. Moon Reynolds, MMC City Clerk Attachment PC: Annette Lewis, President, Total Action for Progress, P. O. Box 2868, Roanoke, Virginia 24001 The Honorable Sherman A. Holland, Commissioner of the Revenue Daniel J. Callaghan, City Attorney Susan S. Lower, Director, Real Estate Valuation R. B. Lawhorn, Budget Administrator VIRGINIA: - -' IN THE COUNCIL OF THE CITY OF ROANOKE RE: PETITION FOR EXEMPTION FROM TAXATION OF CERTAIN PROPERTY PURSUANT TO ARTICLE X, SECTION 6(a)(6) OF THE CONSTITUTION OF VIRGINIA TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF ROANOKE: Ia. Your Petitioner, TAAPREA L PROPERTY 1,LLC& TOTAL AcrION AGAINST POVERI YIN ROANOKE VALLEY Virginia, non - stock, not for profit corporations own certain real property, located at 3022nd street in the City of Roanoke, Virginia, which property is City of Roanoke Tax Map ID k- 1011507, with a total assessed value of $ 1,143 300 and a total of $ 13948.26 in real property taxes that were paid or would have been paid in the most recent year, desires to be an organization designated pursuant to the provisions of Sec. 58.1 -3651, of the Code of Virginia, as amended, in order that the referenced real property, to be used exclusively for charitable and benevolent purposes in Total Action Against Poverty (TAP) was incorporated on April 28, 1965. In October ofthat same year, TAP opened its first year -round Head Start classroom, which was the first school program in the Roanoke Valley integrated from its inception. Today, TAP offers over 30 programs desi2 ted to rive our clients a hand up. , (Describe proposed use of real property, if applicable.) be exempt from taxation under the provisions of Article X, Section 6 (a)(6) of the Constitution of Virginia so long as your Petitioner is operated not for profit and the property so exempted is used in accordance with the purpose for which the Petitioner is classified. (if requesting exemption for personal property, complete section l.b) Ib. Your Petitioner, a Virginia, non - stock, not for profit corporation owns certain personal property, located at in the City of Roanoke, Virginia, with a total assessed value of $ and a total of $ in personal property taxes that were paid or would have been paid in the most recent year, desires to be an organization designated pursuant to the provisions of Sec. 58.1 -3651, of the Code of Virginia, as amended, in order that the referenced personal property, to be used exclusively for charitable and benevolent purposes in (Describe proposed use of personal property, if applicable) be exempt from taxation under the provisions of Article X, Section 6 (a)(6) of the Constitution of Virginia so long as your Petitioner is operated not for profit and the property so exempted is used in accordance with the purpose for which the Petitioner is classified. 2. Your Petitioner agrees to pay to the City of Roanoke, an annual service charge in an amount equal to twenty percent (20 %) of the City of Roanoke tax levy, which would be applicable to this real estate, were our organization not be tax exempt, for as long as this exemption continues. 3. Your petitioner acknowledges and agrees that it will immediately notify both the City of Roanoke Commissioner of the Revenue and the City of Roanoke Treasurer in writing in each instance when the property, or any portion thereof, is being leased to a third party and provide the City with a copy of the fully executed lease. Your petitioner agrees to include a provision in all leases of the property that such third parties shall be responsible for paying the City applicable leasehold taxes that may be assessed by the City. Petitioner acknowledges that if the foregoing conditions are not met, the City reserves the right to terminate the tax exempt status of the property. 4. Your Petitioner, if located within a service district, agrees to pay to the City of Roanoke an annual service charge equal to the additional service district tax that would be levied for as long as this exemption continues. 5. Your Petitioner agrees to provide information to the Director of Real Estate Valuation upon request to allow a triennial review of the tax exempt status of your Petitioner. The following questions are submitted for consideration: I. (Q): Whether the organization is exempt from taxation pursuant to Section 501 (c) of the Internal Revenue Code of 1954. (A): Your Petitioner was granted exemption from taxation pursuant to Section 501 (c) of the Internal Revenue Code of 1954 on June 1965 2. (Q): Whether a current alcoholic beverage license for serving alcoholic beverages has been issued by the Alcohol Beverage Control Board to such organization for use on such property. (A): No (Q): Whether any director, officer or employee of the organization has been paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer or employee actually renders. (A): No 4. (Q): Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions or, local, state or federal grants. As used in this subsection, donations shall include the providing of personal services or the contribution of in -kind or other material services. (A): Yes (Q): Whether the organization provides services for the common good of the public. (A): Your Petitioner provides services for the common good of the public in as much as it (Describe the public service) Provides a multitude of services geared toward helping individuals achieve economic independence through education, childcare, affordable housing, and emulovment training. (Q): Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office. (A): No (Q): Whether any rule, regulation, policy or practice of the organization discriminates on the basis of religious conviction, race, color, sex or national origin. (A): No (Q): Whether there is a significant revenue impact to the locality and its taxpayers of exempting the property. (A): No 9. (Q): Any other criteria, facts and circumstances, which the governing body deems pertinent to the adoption of such ordinance. (A): None (Provide as necessary). Note: All tax exemption petitions submitted for consideration by City Council must be filed with the City Clerk's Office. IAA? REAL PROPERTY L LIFN TOTAL ACTION AGAINST POVFRTY IN THEREFORE, your Petitioner, ROANOKL VALLEY respectfully requests to the Council of the City of Roanoke that this real or personal property, or both, of your Petitioner be designated exempt from taxation so long as your Petitioner is operated not for profit and the property so exempt is used for the particular purposes of providing Housing corporate and program offices of Tot.] Action for Progress The property and improvements are 100% under the control and use of TAP. No part of the property or toprovemennis is leased to any outside egncern TAP components pay rent commensurate with the i ng expenses of the property. TAAP Real Property I LLC and Total Action Aeainst Poverty in Roanoke Valley further attest the limited liability company is wholly owned by TAP and TAAP 1 LLC does not file a federal or state income tax return. (Repeat proposed use of property). Respectfully submitting this nd day Respectfully submitting this 22nd day Septembe , 16. e Septemb 2016. t By By: L AAP Real roperty I, LLC rest ent Total Action gains[ Poverty in Roanoke Valley TAAP I LLC/ Total Action Against Poverty in Roanoke Valley Lease Agreement THIS LEASE is made and entered on the 1 st day of July 2016, (the "Effective Date "), between TAAP I LLC whose address is 302 2 "d Street Roanoke, VA and whose contact phone number is (540) 283 -4819 (hereinafter referred to as "Landlord ") and Total Action Against Poverty in Roanoke Valley whose address is 302 2n0 Street Roanoke, VA and whose contact phone number is (540) 283 -4819 (hereinafter referred to as "Tenant'). 1. PREMISES. In consideration of the rents and covenants herein set forth and upon the terms and conditions herein specified, the Landlord leases to the Tenant and the Tenant lease from the Landlord all land and improvements located at 302 2n° St Roanoke, VA, and designated as the Theodore J. Edlieh Building (the Premises). Landlord agrees to deliver quite possession of the Premises to Tenant on the Effective Date and to deliver the Premises in good repair suitable to the use for which they are leased. Landlord warrants that all plumbing, heating, air - conditioning, electrical and mechanical devices and appliances of every nature located on, or within, the Premises are in good repairs and working order. 2. TERM. The term of this Lease shall begin on the Effective Date and shall continue for a period of (1) one year, unless otherwise terminated as provided herein. Tenant or Landlord may terminate this Lease without penalty or cause upon a 30 day written notice. 3. RENT. The rent for the Premises shall be payable in equal monthly installments of $15.00 per square foot beginning on July 1, 2016. Tenant shall pay such rent within 10 days of the I` of every month without notice from the Landlord. 4. PURPOSE & USE. The property is to be occupied and used by programs managed and funded through the Tenant. These programs are subject to change during the Lease. However at no time is the property, in its entirety or a portion thereof, to be subleased or assigned to any party other than Total Action Against Poverty in Roanoke Valley. 5. MAINTENANCE & REPAIRS. The Landlord agrees to perform routine maintenance and repairs. This includes bulb replacement and small repairs, and furniture relocation. Daily Light Janitorial services are included. The Landlord can charge for more extensive maintenance repairs. Repairs not considered minor and subject to charge will be billed at $45.00 per hour. The hourly maintenance charge includes labor, tools, truck, fuel & travel time. Materials will be billed at cost plus 20 %. Tenant is responsible for all damages considered above and beyond normal wear and tear. The Landlord accepts no responsibility for damage caused to the Tenants personal property or equipment, including computers and office furniture. 6. UTILITIES & SERVICES. The rent as identified in #3 includes all utility charges. On -Site parking is assigned parking only and is included in the rent. 7. SNOW REMOVAL. The cost of snow and ice removal from the parking lots and sidewalks of the building wherein the space is located is included in the monthly rent charge. 8. OBLIGATIONS UPON TERMINATION. Upon termination of this Lease, Tenant agrees to deliver possession of the Premises in as good order and repair as the same were at the commencement of this Lease, reasonable wear and tear excepted. 9. INSURANCE. Tenant will carry and maintain fire insurance and extended coverage on the Premises during the term of this Lease for the full insurable value. Additionally for the term of this Lease each party shall carry and maintain comprehensive public liability insurance, including property damage, insuring each respective party against liability for injury to persons or property occurring in, or about, the Premises or arising out of the ownership, maintenance, use or occupancy thereof. Coverage under such insurance shall not be less than $100,000 for one person, $300,000 for one accident and property damage of $50,000 for each accident. Notwithstanding the provisions of this, or any other Section of this Lease, in any event of loss or damage to the Premises and /or any contents, or personal injury to anyone in, or about the Premises, each party shall first look to any insurance in its favor before making claim against the other party, and to the extent possible, without additional cost, each party shall obtain, for each policy for such insurance, provisions permitting waiver of any claim against the other party, its agents, visitors, servants, or employees for loss or damage with the scope of insurance, and each party, to such extent permitted for itself and its insurers waives all such insured claims against the other party. Each party shall promptly notify the other party in writing in the event it is unable to obtain this waiver. 10. ENTIRE AGREEMENT AND AMENDMENT. This Lease constitutes the entire agreement between the parties regarding the Premises and no agent of either party has any authority to alter, amend or waive any terms unless such amendment is in writing and signed by the parties hereto. IN WITNESS WHEREOF. The parities hereto have executed this Lease as of the date written below. Landlord: TRAP 11, LLC Tenant: Total Action Against Poverty in Roanoke Valley OPERATING AGREEMENT OF TAAP REAL PROPERTY I, LLC As of December 22, 2003 ARTICLE I VIRGINIA LIMITED LIABILITY COMPANY TAAP Real Property I, LLC (the "Company ") is a limited liability company formed pursuant to the provisions of the Virginia Limited Liability Company Act (the "Act "), which shall govern the Company except as otherwise provided in this Operating Agreement. ARTICLE II GENERAL PROVISIONS Section 2.1 Name. The name of the Company shall be TAAP Real Property I, LLC, and all business of the Company shall be conducted in that name or in such other trade or fictitious name(s) as the Member may from time to time determine. Section 2.2 Principal Office. The principal office and place of business of the Company shall be at the place set forth in the Articles of Organization, or such other place as the Member may from time to time determine. Section 2.3 Term. The period of duration of the Company shall be indefinite. Section 2.4 Registered Agent and Registered Office. The Company shall maintain a registered office and a registered agent in compliance with the Act. ARTICLE III CAPITAL Section 3.1 Capital Contribution of Member. The sole member of the Company is Total Action Against Poverty in Roanoke Valley (the "Member "). The Member has made a capital contribution as set forth on Exhibit A. Section 3.2 Additional Capital Contributions. The Member shall not be required to make additional capital contributions. Section 3.3 No Right to Withdraw Capital. No interest shall accrue on any contribution to the capital of the Company and the Member shall not have the right to withdraw 1419482X5- 1,115556 00008 -011 from the Company or be repaid any contribution of capital except as otherwise specifically provided herein. Section 3.4 Capital Accounts. A separate capital account shall be maintained for the Member. There shall be credited to the Member's capital account: (i) the amount of cash contributed by or on behalf of the Member, (it) the profits of the Company, and (iii) the amount of any special allocation made pursuant to this Agreement. The Member's capital account shall be charged with (it the amount of all distributions to the Member, and (ii) the losses of the Company. ARTICLE IV MANAGEMENT OF THE COMPANY Section 4.1 Management by Manager. The member agrees that the responsibility for managing the business and the affairs of the Company shall be delegated to a Manager, pursuant to Section 13.1 -1024 of the Virginia Limited Liability Company Act (the "Act "), and hereby elect and appoint Total Action Against Poverty in Roanoke Valley as the Manager of the Company. The Manager shall serve and continue in such office at the pleasure of the Member until such time as she is removed by the Member. Section 4.2 Power and Authority of the Manager. All powers of a limited liability company under the Act shall be exercised by or under the authority of, and the business and affairs of the Company managed under the direction of, the Manager, subject to any limitations imposed herein or any limitations the members may from time to time hereafter impose. The Manager may appoint, employ, contract or otherwise deal with any person as necessary for transacting the Company's business. Section 4.3 Sale of Assets. The disposition of all or substantially all of the assets of the Company, whether by sale, merger or other transaction, shall require the vote of the Member. Section 4.4 Third Party Reliance. Third parties dealing with the Company shall be entitled to rely conclusively upon the power and authority of the Manager as set forth heroin. Section 4.5 Officers. The Member may appoint and elect, and shall have the power to terminate and remove with or without cause, such officers ( "Officers ") as it determines necessary or expedient in carrying out the Company's business and affairs. Such officers shall have such duties, responsibilities and authority as shall be delegated to each of them by the Member. Other officers may from time to time be elected by the Member and be given such titles, duties and responsibilities as are commensurate with their duties and responsibilities as determined by the Member. The Member shall have authority to fix the compensation of, and to enter into employment agreements with and to grant Company equity or other bonus or incentive compensation to, any officer of the Company on such terms as the Member shall determine in each individual case in its sole and absolute discretion. j41949285- 1.115556 -00008 -01} ARTICLE V PROFITS AND LOSSES Taxable income, gains, losses, deductions and credits shall be allocated to the Member. ARTICLE VI DISTRIBUTIONS The Company may make distributions of available cash to the Member. ARTICLE VII RELATED PARTY TRANSACTIONS Section 7.1 Dealings With the Comaanv. The Company may, in its discretion and at any time, engage to perform for, sell to, or purchase or acquire from, the Member or any firm or corporation in which the Member has an interest, any services or goods which may at any time be necessary, proper, convenient or advisable in carrying on the business and affairs of the Company, or, in disposing of some or all of its assets; provided, however, the compensation or price paid therefor shall not materially differ from that generally prevailing in comparable transactions in the geographical area in which the Company conducts such business. Section 7.2 Engaging in Other Business by the Member. The Member may engage in and /or possess an interest in other business ventures of any nature and description, independently or with others, whether or not in competition with the Company; and neither the Company nor the Member shall have any right by virtue of this Agreement in or to the Member's independent ventures or to any income or profits which may be derived therefrom. Further, the Member shall be under no obligation to present any particular business or investment opportunity to the Company even if such opportunity is of a character which, if presented to the Company, could be taken by the Company, and the Member shall have the right to take for its own account (individually or as a trustee) or to recommend to others any such particular business or investment opportunity. ARTICLE VIII BOOKS, RECORDS AND AUDITS Section 8.1 Books and Records. The Manager shall keep, or cause to be kept, at the principal office of the Company, full and true books and records of account for the Company, which shall be open to reasonable inspection and examination by the Member or its duly authorized representatives. Section 8.2 Accounting Period and Annual Financial Statements. The accounting period of the Company shall be the same as that of the Member. The Member shall be provided {A 1948285 1, 115554 -00W 8 01 j with a financial statement of the Company as soon after the end of the fiscal year as is reasonably possible. Section 83 Audits. Upon written request or demand of the Member, the Manager shall cause an audit of the Company books to be made by the certified public accountant or accountants designated in such demand or request. The costs of any such audit shall be paid by the Company. Section 8.4 Tax Matters. As soon as possible after the close of each Company year, a report of the net profits or losses of the Company shall be famished to the Member, together with a statement indicating the Member's share in the profits or losses for such year. In addition, the Member shall be provided with such additional information as may be reasonably required in preparing its own state and federal income tax returns. Total Action Against Poverty in Roanoke Valley. is the "tax matters partner." In the event of a distribution of property made in the manner provided in Section 734 of the Code, or in the event of a transfer of any ownership interest in the manner provided in Section 743 of the Code, the Member may, but shall not be required to, make an election under Section 754 of the Code in accordance with the provisions set forth in the regulations promulgated thereunder. ARTICLE IX DISSOLUTION AND TERMINATION Section 9.1 Events of Dissolution. The Company shall be dissolved: (a) Upon the sale or other disposition of all or substantially all of its property and assets: (b) Except as modified herein, upon the occurrence of any event or circumstance as specified in the Act, as from time to time amended; or (c) Upon the written consent of the Member. Section 9.2 Distributions in Liquidation. Upon the dissolution of the Company and incident to the winding -up of the Company's business and affairs, the Company shall pay, or make provision for the payment of, all of Company's liabilities and obligations, actual or contingent, and all expenses of such liquidation. Following the payment, or the making of provision for the payment, of liquidation expenses and Company's liabilities and obligations as aforesaid, the remaining assets of Company shall be distributed to the Member. Section 93 Liquidation. Although the Company shall be deemed dissolved, effective upon the date on which an event occurs giving rise to such dissolution, the Company shall nonetheless not be wound up until the Company's Articles of Organization shall have been canceled and the assets of the Company shall have been distributed as provided herein. Notwithstanding the dissolution of the Company prior to its winding -up, the business of the Company and the rights of the Member shall continue to be governed by this Agreement. [4 1949285 1, 11555600008 0 1 ) ARTICLE X AMENDMENTS This Agreement shall be amended only upon the written consent of the Member. ARTICLE XI MISCELLANEOUS Section 11.1 No Third Party Beneficiaries. The provisions set forth herein are not intended to be for the benefit of any creditor or other person to whom any debts, liabilities or obligations are owed by (or who otherwise may have any claim against) the Company or the Member; and no creditor or other person shall obtain any right under any of the foregoing provisions or shall by reason of any of the foregoing provisions make any claim in respect of any debt, liability or obligation (or otherwise) against the Company or the Member. Section 11.2 Construction. Whenever the context may require, any pronouns used herein shall include the corresponding masculine, feminine or neuter forms, and the singular form of nouns and pronouns shall include the plural and vice versa. Section 11.3 Severability. Every provision of this Agreement is intended to be severable. If any term or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the terms or provisions hereof. Section 11.4 Addresses. The Member shall keep the Company informed of its current address. The Company shall keep the addresses furnished by the Member on file at its principal office and the same shall be made available to the Member on request. Section 11.5 Notices. Any and all notices, elections, consent or demands permitted or required to be made under this Agreement or the Act shall be made in writing, signed by the party giving such notice, election, consent or demand and shall be delivered personally or sent by registered or certified mail to the Company and to the Member at the address or addresses as set forth in the Company's records or to such other address as may be supplied by written notice given in conformity with the terms of this Section. Section 11.6 Successors and Assigns. Subject to the restrictions on Transfer set forth herein, this Agreement and each and every provision hereof shall be binding upon and shall inure to the benefit of the Member, its respective heirs, successors and assigns, and each and every successor in interest to the Member, whether such successor acquires such an interest by way of gift, purchase, foreclosure or by any other method, shall hold such interest subject to all the terms and provisions of this Agreement Section 11.7 Applicable Law. This agreement and the rights of the parties hereunder shall be governed by the laws of the Commonwealth of Virginia. 5 (X1949295 -1, 11555600009 -01) Section 1 1.8 Counterparts. This Agreement may be executed in any number of separate counterparts, all of which taken together shall be deemed one original instrument notwithstanding that all parties are not signatory to the same counterpart. Section 11.9 Headines. The headings used in this Agreement are used solely for the convenience of reference, shall not constitute a part of this Agreement or affect its meaning, construction or effect. IN WITNESS WHEREOF, this instmment has been executed as of the day and year first above written for the purposes herein expressed. MEMBER: TOTAL ACTION AGAINST POVERTY IN ROANOKE VALLEY By Its i sworn a urc me, in my presence q is lbo wy of fug rte, L2. AVirginia �u ary oabl". is n6soufie State at Large _!Ll Notary Public r =- mssarexpires _ �6 I !41948285- 1.115555- 00008 -01} EXHIBIT A Capital Contribution Total Action Against Poverty in Roanoke Valley As reflected on books of Company t419482N5 -1. 115556 00009 01 } kI.hlKII- .1 pIkkk .11h. I I rt ­-Il 11 �- - 1 III � 1-1 1., ..-11 . ......... . If .,fi, 11 , 111,. . . . ld Ik.g .1 h., d..". 1,llth�l I , 1) 15 A.� S., h wIll, �, d 11.119, -.—f P'— 1 1. 1-11 K.11A—.- 11- Ih. -AII, f —1, ­-, I, A' -h D- 1. J— D- II —. f,' 1-1 - 1— P.P., F., Il 1.1 -.0 1— —ld I— I 1— d.t, —1 18 11- P-1 -11., ll� —d —1 .1. 1 1. K- D-1— -d b—h .11 1,1— Al- ..dl� IA 11 1-11 .,d �I- 1�11- 1.1. �Ih, h Il, I If 111- 1,1 h. I b, A­11 11 K., — ., I'll 1,�' f., 111—h-k 1.1— .11 -.1 D-1. ..d 1,-— 11, —A 11, f., 1h. .1-1 S.Pl..b., Nlh —d 1� -1-1 Ch-k 1,41, 1", Ch.lk I-- - 1h., -1-9 p -1- Il 1.1.111-d P-II—I L p I-. I-1 Id .1 1-d F.I.. p 1. .-1. S' p I I. lh. �1-1 lh. J., �f lh� -11 I� fI'll.. .1 .11 h Ih. lh—h I . . . fi— I.bl., .� bl, III cl... p . . . . ll.fl b—kd— --d �11 I— ..'Il dll-1 lh.. h.Ik 1. —1. lh� b.­ 1— COMMISSIONER OF THE REVENUE CITY OF ROANOKE i SNLRMAN A. HOLLAND n � Commissioner G �*71 REGORY S. EMERSON l i,ief Depuq September 2, 2016 Ms. Annette Lewis, President & CEO Total Action For Progress 302 2nd Street, SW Roanoke, VA 24011 Re: Exemption of property owned by TAAP Real Property I LLC and located at 302 2nd Street, SW Parcel No. 1011502 Dear Ms. Lewis. We received your letter requesting tax exemption from real estate taxes from the City of Roanoke on the above captioned property. The above parcel is currently being taxed by the City of Roanoke for real estate taxes for the 2016 -17 tax year. Based on the information submitted, this property is not eligible for exemption by classification or designation. However, you may submit a petition to the City Clerk's Office to apply for an exemption for non - profit organizations through City Council. Should you have any additional questions please do not hesitate to call. Sincerely, °/� She, o11a� ' Commissioner of the Revenue SAH/jee Cc: Stephanie Moon Reynolds, City Clerk R.B. Lawhom, Dept. of Management and Budget 215 Ch rrh Avenue SW, Roam 25t + Roavoke, Virginia 24011 Phone (540)853 -2 21 + Fa (540) 853 -1115 + rvn w. roanokegoeeon, City of Roanoke � Real Estate Tax Statement ROANOKE Tax Year 2017 Tax Map No 1011502 J Downtown TAAP REAL PROPERTY I LLC YV YIeHS, IHtAStIHtN PO BOX ROAMORE, E. V A 21007 (540)8533561 F" (M)863.1019 vw,w roanoNeva you Statement Date: 08123/2016 Property Address 302 2ND ST SW Legal Description LOTS 1 8 2 SECT SW 1 OFFICIAL SURVEY DLK Jan 1 Owner TAAP REAL PROPERTY I LLC Current Owner(s) TAAP REAL PROPERTY I LLC Ip Wib eadixtentipeope Law 230.8001 animmy sl2soo chores Description TecableVinWe Fab /5100 Tag ' Real Ealate Tax '.. r4Z,t.. 122 13.90826 '.'Speoal Tax District Tax 1. Al a il 1.14330 Total CUnenl Year Tax 15.091.56 Stormwalel Ulity Fee' 17280 Total Current Year Charges 15.26436 Prior Year Defrcurro es 0 0J Total Charges 15 2u m AMOU W DUE BY 10105@et6 67,632.39 'For St.nrl uslit, Fee Ouesrons. Call the Sb 1e D s'on (540) 853-5900 or Wiu aleriroanoheva gov Ptnal to 000,-- 0 1. ^ +nn 1 + N+ !i Grantl TObl,._ 15,264361 (d0� 000 000 19.'L64 The property, owner is responsible for ensuring full payment of this obligation. If funds are held In escrow to pay for these taxes, forward this statement along with your loan number to the mortgage holder. BK after bill number denotes owner under protection of federal hankruptcy laws. Internal Revenue Service DIsIrIct Bsln moro District Director �'CO ra1 Action Against Poverty In Roanoke Va11ey i c. nox 2868 Roanoke, Vii 24001 -2868 Dear Sir /Madam: ueparirnent et inn I reasu(y 31 Hopkins Plnze, Uo!tlmorc, 5'.d. 21201 Person to contact_ EP /EO Tax Examiner i Telephone Number: (410)962 -6058 Refer Reply to: EP /E'0:CSO Roam 617 This is in response to your inquiry dated_ 1 41- requesting a copy of the letter whSch granted tax exempt status to the above named organization. Our records show that the organization was granted exemption from Federa: Income Tax under section 501(c) (3) of the internal Revenue Code effective •June, 1965 Ve have also determined that the organization is not a private foundation because it is described in section(s) 509(a)(1) and 170(b) (1) (A) (vi) . Donors may deduct contributions to you under section 170 of the Code. As of January 1, 1988, you are liable for taxes under the Federal Insurance Contributions Act (social security taxes) on remuneration of $100 or more you pay to each of your employees during a calendar year. You are not liable for the tax imposed under the Federal Unemployment Tax ,Act (FUTA) . You are required to file Form 990, Return of Orqanization Exempt From income Tax, only if your gross receipts each year are normally more than $25,000. However, if you receive a Form 990 package in the mail., please file the return even if you do not exceed the gross receipts test. if you are not required to file, simply attach the label provided, check the box in the heading to indicate that your annual gross receipts are normally $25,000 or less, and sign the return. A copy of our letter certifying the status of the organization is not available, however, this letter may be used to verify your tax- exempt status. Because this letter could help resolve any questions about your exempt status, it should be kept in your permanent records. sincerely Yours, n� D;1 rict Directcr IN] [ II? COUNCIL Op T Its CITY OF ROANOKE, VIRGINIA, the 19th day of December, 2016, No. 40736 - 121916. AN ORDINANCE exempting hour ical estate property taxation certain real property located at 2121 Salcm Avenue, S.W., and designated as Roenolec Oflcial "fax Map No. 1311221, owned by TAAP Real Property II, LLC, it Virginia limited liability company (TAAP I1), and leased exclusively and solely to Total Action Against Poverty in Roanoke Valley (TAP), a Virginia non- stuck, not for profit corporation, trading as Total Action for Progress, an organization devoted exclusively to charitable or benevolent purposes on a non -profit basis; providing for an effective date; and dispensing with the second reading of this ordinance by title. WHEREAS, TAAP II, which is wholly owned by TAP, and TAP (hereinafter and collectively "the Applicant "), have petitioned Council to exempt certain real property owned by TAAP II from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia; WHEREAS, a public bearing at which all citizens had an opportunity to be. heard with respect to the Applicant's petition was held by Council on December 19, 2016; WHEREAS, the provisions of subsection B of Section 58.1 -3651, Code of Virginia (1950), as amended, have been examined and considered by the Council; WHEREAS, the Applicant agrees that the real property to be exempt from taxation is that certain real estate, including the land and any building located thereon, identified by Roanoke Official Tax Map No. 1311221, commonly known as 2121 Salem Avenue, S.W., (the "Property "), and owned by TAAP 11, which is leased by TAAP II exclusively and solely to TAP for charitable and benevolent purposes, shall be used by the Applicant exclusively for charitable or benevolent purposes on a non -profit basis; WHEREAS, TAP has demonstrated through its filing of IRS form 990 that the tax status of I AAP II is (l is]cgarded for federal income tax purpos'cs; and WHEREAS, in consideration of Council's adoption of this Ordinance, the Applicant has voluntarily agreed to pay each yau' a service charge, in an amount equal to twenty percent (20 %) of the City of Roanoke's real estate tax levy, which would be applicable to the Property were the Property not exempt from such taxation, lot so long as the Property is exempted from such taxation. NOW, TIIEREFORI'., BR IT ORDAINED by the Council of the City of Roanoke as follows: I. Council classifies and designates TARP If and TAP as charitable or benevolent organizations within the context of Section 6(a)(6) of Article X of the Constitution of Virginia, and hereby exempts from real estate taxation certain real estate, including the land and any building located thereon, identified by Roanoke Official Tax Map No. 1311221, commonly (mown as 2121 Salem Avenue, S.W., and owned by TAAP 11, which Property is used exclusively by the Applicant for charitable or benevolent purposes on a non -profit basis; continuance of this exemption shall be contingent on the continued use of the Property in accordance with the purposes which the Applicant has designated in this Ordinance. 2. In consideration of Council's adoption of this Ordinance, the Applicant agrees to pay to the City of Roanoke on or before October 5 of each year a service charge in an amount equal to twenty (20 %) percent of the City of Roanoke's real estate tax levy, which would be applicable to the Property, were the Property not exempt from such taxation, for so long as the Property is exempted from such taxation. 3. The tax exemption panted the Applicant pursuant to this ordinance shall be further conditioned upon Applicant filing with the City of Roanoke Office of Management and Budget, on an annual basis by each September 1, (i) a copy of the current ant IRS Form 990 for 'I AP: (ii) ccrtnication from 'I AP din l'fAP is the sole member and manager of 'I'AAP II; and (iii) copies and all extensions, umcudments, and renewals of leases between TAP and 'fAAP 11. Applicant acknowledges that if any of the foregoing conditions are not ntet, the City reserves the right to terminate the tax axe Ill pt status of the Property. 4. 'this Ordinance shall be in full force and affect on January 1, 2017, if by such time a copy, drily cxccuted by an authorized officer of the Applicant, has been filed with the City Clerk. 5. 'hhe City Clerk is directed to forward an attested copy of this Ordinance, after it is properly executed by the Applicant, to the Commissioner of the Revenue and the City Treasurer for purposes of assessment and collection, respectively, of the service charge established by this Ordinance, and to Annette Lewis, President, TAP. 6. Pursuant to § 12 of the Roanoke City Charter, the second reading of this ordinance by title is hereby dispensed with. ( ��' 1 'v^^^"� City Cterl ��� ACCEPTED, AGREED TO AND EXECUTED by Total Action Against Poverty in Roanoke Vallcy, a Virginia, non - stock, not for profit corporation, trading as Total Action for Progress and \TAAP Real Property II, LLC, a Virginia limited liability company, this day of 20L. Total Action Against Poverty in Roanoke Valley, a Virginia, non - stock, not for profit corporation, trading as Total Action for Progress By: —�O� Na e: Title: TAAP Real Property II, LLC, a Virginia limited liability company By its Manager Total Action Against Poverty in Roanoke Valley, a Virginia, non- stock, not for profit corporation, trading as Total Action for Progress- CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: December 19, 2016 Subject: Tax Exemption Request - Total Action Against Poverty in Roanoke Valley and TAAP Real Property II, LLC. Property at 2121 Salem Avenue, S.W. (Official Tax Map No. 1311221) (CM 16- 00178) Background: Total Action Against Poverty in Roanoke Valley (TAP), a Virginia, non - stock, not for profit corporation, and its wholly owned limited liability company, TAAP Real Property II, LLC, a Virginia limited liability company (TAAP II), have filed an application for tax exemption of real property located in the City at 2121 Salem Avenue, S.W. (Official Tax Map #131122 1). TAP was incorporated on April 28, 1965. In October of that same year, TAP opened its first year -round Head Start classroom. Today, it offers over 30 programs designed to give its clients a hand up. Its mission is to help individuals and families achieve economic and personal independence through education, employment, affordable housing, and safe and healthy environments. The property at 2121 Salem Avenue houses the business offices for the Weatherization, Indoor Plumbing, and YouthBuild programs as well as space for its maintenance department. TAAP II is the record owner of the Property and leases the entire property to TAP. TAP occupies the entire Property, and uses the Property exclusively for its charitable purposes. TAAP II is a Virginia limited liability company in which TAP is the sole member and manager. According to the IRS Form 990 filed by TAP, the separate legal entity of TAAP II is disregarded for federal income tax purposes. At present, annual real estate taxes on the Property are $3,105 on a total assessed value of $254,500. Considerations: On May 19, 2003, City Council approved a revised policy and procedure in connection with requests from non - profit organizations for tax exemption of certain property in the City by Resolution 36331 - 051903, with an effective date of January 1, 2003. In addition, pursuant to Section 58.1 -3651 A, Code of Virginia (1950), as amended, a local governing body may exempt real property from real property taxes that is owned by a nonprofit organization that uses the property for its charitable purposes. Although record title to the Property is held by TAAP II, TAP controls TAAP II and TAP uses all of the Property for the charitable purposes of TAP. TAP and TAAP II have provided the City with a copy of its current lease that expires on June 30, 2017. City Council has, on at least two occasions, granted tax exemptions on real property owned by a limited liability company that is entirely controlled by a charitable organization. Based on this policy and procedure, TAP and TAAP II have provided the necessary information required for the application for exemption that would take effect January 1, 2017. As a condition to granting the exemption, staff recommends that TAP and TAAP II provide City staff with copies of the annual IRS form 990 and all extensions, amendments, and renewals of leases between TAP and TAAP II on an annual basis. As noted above, the assessed value of the Property at 2121 Salem Avenue is currently $254,500 with annual taxes due of $3,105. In lieu of the $3,105, TAP and TAAP II would agree to pay to the City an annual service charge equal to twenty percent of the tax levy on the parcel for as long as the exemption continues. In this case, the amount of the service charge would be $621. Consequently, the City would be foregoing $2,484 in annual real estate revenue. Commissioner of the Revenue, Sherman Holland, has determined that TAP is not currently exempt from paying real estate and personal property taxes by classification or designation under the Code of Virginia. The IRS recognizes TAP as a 501(c)(3) tax - exempt organization and the tax status of TAAP II is disregarded as a separate entity for federal tax purposes. Notification of a public hearing to be held December 19, 2016, was duly advertised in The Roanoke Times. Recommended Action: Adopt an ordinance to authorize exemption from real property taxation for TAP and TAAP II related to the Property pursuant to Article X, Section 6 (a) 6 of the Constitution of Virginia, effective January 1, 2017, subject to the conditions and requirements set forth in the proposed Ordinance. X-risto - P. - - - - -- Morrill City Manager Distribution: Council Appointed Officers Honorable Sherman A. Holland, Commissioner of the Revenue Honorable Evelyn W. Powers, City Treasurer Barbara A. Dameron, Director of Finance R. Brian Townsend, Asst. City Mgr. for Community Development Sherman M. Stovall, Assistant City Manager for Operations Amelia C. Merchant, Director of Management and Budget William H. "Pete" Clark III Director of Property Management and Maintenance Total Action for Progress 302 2 "' Street, S.W. Roanoke, VA 2401 1 R. Neal Keesee Jr., Esquire Counsel to TAP and TAAP II Woods Rogers PLC 10 S. Jefferson Street Suite 1400 Roanoke, VA 24011 The Roanoke Times Roanoke, Virginia Affidavit of Publication TAP DEVELOPMENT Ann Rick Sheets PO BOX 2868 ROANOKE, VA 24001 Account Number 6013039 Date December 12, 2016 Date Category Description Ad Size Total Cost 1211812016 Legal Notices NOTICE OF PUBLIC HEARING Notice is hereby given that 9 1 x70 L 389.20 NOTICE OF PUBLIC HEARING ere f­AP 11 ,it ­11d 1111111111Y Y TI. III N- 1311221. s sisa soo Tr ear pad e,r the arse, -- ea3.-,,Esso �. City If R-1111-1 if th, 1111 s2, a. Ott, pmni, hear., . euhy GIVEN I-b-1 MY ihurzaay. a^ds.hil 12th day of 5VINIM-11 M, MI-1 G,Ylvrdl city "I'lik 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: 1 211 212 01 6 The First insertion being given ... 12/12/2016 Newspaper reference: 0000445101 Iling Re re entativ Sworn to and subscribed before are this Monday, December 12, 2016 ii,�Wajx �L I �W— — t Notary P b is State of Virginia CitylCounty of Roanoke My Commission expires JUN 3P 2010 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU JUN 3 0 2018 j�/ NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of Roanoke will hold a public hearing at its regular meeting to be held on Monday, December 19, 2016, commencing at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, 4" Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, on the question of adoption of an ordinance pursuant to Section 58.1 -3651, Code of Virginia (1950), as amended, approving the request of Total Action Against Poverty in Roanoke Valley, trading as Total Action for Progress (TAP) and TAAP Real Property II, LLC, (TAAP II) (collectively the Applicant) for designation of real property owned by TAAP II and fully occupied by TAP as exempt from taxation. The Applicant requests tax exemption on a parcel of real property owned by TAAP II and used exclusively by TAP within the City of Roanoke, and described as 2121 Salem Avenue, S.W., Tax Map No. 1311221. The current assessed value of the parcel is $254,500 and the taxes for the most recent tax year paid for the parcel are $3,104.90. The aggregate loss of revenue to the City of Roanoke if the real estate tax exemptions are granted is $2,483.92 annually, after a service charge of 20% of the annual real estate tax assessed on all such real estate is levied in lieu of taxes. Citizens and other interested persons shall have the opportunity to be heard and express their opinions on this matter at the public hearing. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office, (540) 853 -2541, by 12:00 noon on Thursday, December 15, 2016. GIVEN under my hand this 12 thday of ppc - 12016. Stephanie M. Moon Reynolds, City Clerk Note to Publisher: Please publish once in the Roanoke Times, Legal Notices, on Monday, December 12, 2016. Please send bill to: Annette Lewis, President Total Action for Progress P. O. Box 2868 Roanoke, Virginia 24001 (540) 283 -4866 Please send affidavit of publication to: Stephanie M. Moon Reynolds, City Clerk City of Roanoke Noel C. Taylor Municipal Building, 4th Floor 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 540- 853 -2541 t5� CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Chlvch Avenue, S. W., SRile 456 Roanoke, Virginia 24011 -1536 'I 1, .n, (5411)853 -2541 61u: (540) 853 -1145 Y I'IPIIANIF M. N100N REYNOLDS, NEW 11n W: 0,,Wi nnumka ,.go, ( E(' YI. IA 1. NI('('OY ('ov ( k-i k nclt..1, City Clerk October 14, 2016 cL(EIAA'1. wk:RR,( M( A.vsn: fa Oepn) ' ('i1, (Icrk Christopher P. Morrill City Manager Roanoke, Virginia Dear Mr. Morrill: I am attaching copy of a petition from TAAP Real Property II, LLC and Total Action Against Poverty in the Roanoke Valley, a Virginia non - stock, not - for -profit corporation, dated September 22, 2016, which was filed in the City Clerk's Office on Friday, October 14, 2016, requesting exemption from taxation of real property located at 2121 Salem Avenue, S. W., Official Tax Map No. 1311221, to be used exclusively for charitable and benevolent purposes, pursuant to Section 58.1 -3651, Code of Virginia (1950), as amended. Petitions forwarded by the City Clerk to the City Manager by April 15 for evaluation and recommendation to City Council will have an effective date of July 1st. Petitions forwarded by October 15 will have an effective date of January 1st. Sincerely, Stephanie M. Moon Reynolds, MMC City Clerk Attachment PC: Annette Lewis, President, Total Action for Progress, P. O. Box 2868, Roanoke, Virginia 24001 The Honorable Sherman A. Holland, Commissioner of the Revenue Daniel J. Callaghan, City Attorney Susan S. Lower, Director, Real Estate Valuation R. B. Lawhorn, Budget Administrator VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE RE: PETITION FOR EXEMPTION FROM TAXATION OF CERTAIN PROPERTY PURSUANT TO ARTICLE X, SECTION 6(a)(6) OF THE CONSTITUTION OF VIRGINIA TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF ROANOKE: Ia. Your Petitioner, TAAP REAL PROPERTY II,LLC &'rOIAL ACTION AGAINST POVERTY IN ROANOKEVALLLY Virginia, non - stock, not for profit corporations own certain real property, located at 2121 Salem Ave. in the City of Roanoke, Virginia, which property is City of Roanoke Tax Map ID # 1311221 , with a total assessed value of $ 254,500 and a total of $ 3,104.90 in real property taxes that were paid or would have been paid in the most recent year, desires to be an organization designated pursuant to the provisions of Sec. 58.1 -3651, of the Code of Virginia, as amended, in order that the referenced real property, to be used exclusively for charitable and benevolent purposes in Total Action Against Poverty (TAP) was incorporated on April 28, 1965, In October of that same year, TAP opened its first year -round Head Start classroom, which was the first school program in the Roanoke Valley integrated from its inception. Today. TAP offers over 30 programs desitu ed to give our thents hand op (Describe proposed use of real property, !f applicable.) be exempt from taxation under the provisions of Article X, Section 6 (a)(6) of the Constitution of Virginia so long as your Petitioner is operated not for profit and the property so exempted is used in accordance with the purpose for which the Petitioner is classified. (if requesting exemption for personal property, complete section Lill Ib. Your Petitioner, a Virginia, non - stock, not for profit corporation owns certain personal property, located at in the City of Roanoke, Virginia, with a total assessed value of $ and a total of that $ in personal property taxes at were paid or would have been paid in the most recent year, desires to be an organization designated pursuant to the provisions of Sec. 58.1 -3651, of the Code of Virginia, as amended, in order that the referenced personal property, to be used exclusively for charitable and benevolent purposes in (Describe proposed use of personal property, if applicable.) be exempt from taxation under the provisions of Article X, Section 6 (a)(6) of the Constitution of Virginia so long as your Petitioner is operated not for profit and the properly so exempted is used in accordance with the purpose for which the Petitioner is classified. 2. Your Petitioner agrees to pay to the City of Roanoke, an annual service charge in an amount equal to twenty percent (20 %) of the City of Roanoke tax levy, which would be applicable to this real estate, were our organization not be tax exempt, for as long as this exemption continues. 3. Your petitioner acknowledges and agrees that it will immediately notify both the City of Roanoke Commissioner of the Revenue and the City of Roanoke Treasurer in writing in each instance when the property, or any portion thereof, is being leased to a third party and provide the City with a copy of the fully executed lease. Your petitioner agrees to include a provision in all leases of the property that such third parties shall be responsible for paying the City applicable leasehold taxes that may be assessed by the City. Petitioner acknowledges that if the foregoing conditions are not met, the City reserves the right to terminate the tax exempt status of the property. 4. Your Petitioner, if located within a service district, agrees to pay to the City of Roanoke an annual service charge equal to the additional service district tax that would be levied for as long as this exemption continues. 5. Your Petitioner agrees to provide information to the Director of Real Estate Valuation upon request to allow a triennial review of the tax exempt status of your Petitioner. The following questions are submitted for consideration: I . (Q): Whether the organization is exempt from taxation pursuant to Section 501 (c) of the Internal Revenue Code of 1954. (A): Your Petitioner was granted exemption from taxation pursuant to Section 501 (c) of the Internal Revenue Code of 1954 on .hm° 1965 2. (Q): Whether a current alcoholic beverage license for serving alcoholic beverages has been issued by the Alcohol Beverage Control Board to such organization for use on such property. (A): No 3. (Q): Whether any director, officer or employee of the organization has been paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer or employee actually renders. (A): No 4. (Q): Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions or, local, state or federal grants. As used in this subsection, donations shall include the providing of personal services or the contribution of in -kind or other material services. (A): Yes (Q): Whether the organization provides services for the common good of the public. (A): Your Petitioner provides services for the common good of the public in as much as it (Describe the public service) Provides a multitude of services geared toward helping individuals achieve economic independence through education, childcare, affordable housing, and emolovmcnt lra' fng (Q): Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office. (A): No (Q): Whether any rule, regulation, policy or practice of the organization discriminates on the basis of religious conviction, race, color, sex or national origin. (A): No (Q): Whether there is a significant revenue impact to the locality and its taxpayers of exempting the property. (A): No 9. (Q): Any other criteria, facts and circumstances, which the governing body deems pertinent to the adoption of such ordinance. (A): None (Provide us necessary). Note: All tax exemption petitions submitted for consideration by City Council must be filed with the City Clerk's Office. THEREFORE, your Petitioner, TRAP R6AI. PR0I,,n I 11, LLC & TOTAL ACTION AGAINST POVERTY IN unAyoxr yA P respectfully requests to the Council of the City of Roanoke that this real or personal property, or both, of your Petitioner be designated exempt from taxation so long as your Petitioner is operated not for profit and the property so exempt is used for the particular purposes of providing Business offices for our Weather zation Indoor Plumbing. and Youthitu'Id programs Also space for our maintenance depinament. The property and ' t' are 100% under the control and use ofTAP. No part of the property or improvements is leased to any outside concern TAP components pay rent commensurate with the operating ' of the P.Perty. TAAP Real Property II LLC and Total Action Against poverty to Roanoke Valley further attest the limited liability company is wholly owned by TAP and TAAP lI LLC does not file a fedeml or state income tax return (Repeal proposed use of properly). Respectfully submitting this 22 d day Respectflly submitting this 22nd day Septem e , 2016. Sept Cher, 201 . By. B . P . i nt TAAP Rea ropeny 11, LLC Pilmdent Total Action Against Poverty in Roanoke Valley TAAP II LLC/ Total Action Against Poverty in Roanoke Valley Lease Agreement THIS LEASE is made and entered on the 1st day of July 2016, (the "Effective Date "), between TAAP II LLC whose address is 302 2nd Street Roanoke, VA and whose contact phone number is (540) 283 -4819 (hereinafter referred to as "Landlord') and Total Action Against Poverty in Roanoke Valley whose address is 302 2 "d Street Roanoke, VA and whose contact phone number is (540) 283 -4819 (hereinafter referred to as "Tenant'). 1. PREMISES. In consideration of the rents and covenants herein set forth and upon the terms and conditions herein specified, the Landlord leases to the Tenant and the Tenant lease from the Landlord all land and improvements located at 2121 Salem Ave Roanoke, VA, and designated as the TAP Maintenance & Operation Center (MOC) Building (the Premises). Landlord agrees to deliver quite possession of the Premises to Tenant on the Effective Date and to deliver the Premises in good repair suitable to the use for which they are leased. Landlord warrants that all plumbing, heating, air - conditioning, electrical and mechanical devices and appliances of every nature located on, or within, the Premises are in good repairs and working order. 2. TERM. The term of this Lease shall begin on the Effective Date and shall continue for a period of (l) one year, unless otherwise terminated as provided herein. Tenant or Landlord may terminate this Lease without penalty or cause upon a 30 day written notice. 3. RENT. The rent for the Premises shall be payable in equal monthly installments of $5.50 per square foot beginning on July 1, 2016. Tenant shall pay such rent within 10 days of the 1" of every month without notice from the Landlord. 4. PURPOSE & USE. The property is to be occupied and used by programs managed and funded through the Tenant. These programs are subject to change during the Lease. However at no time is the property, in its entirety or a portion thereof, to be subleased or assigned to any party other than Total Action Against Poverty in Roanoke Valley. 5. MAINTENANCE & REPAIRS. The Landlord agrees to perform routine maintenance and repairs. This includes bulb replacement and small repairs, and furniture relocation. Daily Light Janitorial services are included. The Landlord can charge for more extensive maintenance repairs. Repairs not considered minor and subject to charge will be billed at $45.00 per hour. The hourly maintenance charge includes labor, tools, truck, fuel & travel time. Materials will be billed at cost plus 20 %. 'Lenart is responsible for all damages considered above and beyond normal wear and tear. The Landlord accepts no responsibility for damage caused to the'renams personal property or equipment, including computers and office furniture. 6. UTILITIES & SERVICES. The rent as identified in 93 includes all utility charges. On -Site parking is assigned parking only and is included in the rent. 7. SNOW REMOVAL. The cost of snow and ice removal from the parking lots and sidewalks of the building wherein the space is located is included in the monthly rent charge. 8. OBLIGATIONS UPON TERMINATION. Upon termination of this Lease, Tenant agrees to deliver possession of the Premises in as good order and repair as the same were at the commencement of this Lease, reasonable wear and tear excepted. 9. INSURANCE. Tenant will carry and maintain fire insurance and extended coverage on the Premises during the term of this Lease for the full insurable value. Additionally for the term of this Lease each party shall carry and maintain comprehensive public liability insurance, including property damage, insuring each respective party against liability for injury to persons or property occurring in, or about, the Premises or arising out of the ownership, maintenance, use or occupancy thereof. Coverage under such insurance shall not be less than $100,000 for one person, $300,000 for one accident and property damage of $50,000 for each accident. Notwithstanding the provisions of this, or any other Section of this Lease, in any event of loss or damage to the Premises and /or any contents, or personal injury to anyone in, or about the Premises, each party shall first look to any insurance in its favor before making claim against the other party, and to the extent possible, without additional cost, each party shall obtain, for each policy for such insurance, provisions permitting waiver of any claim against the other party, its agents, visitors, servants, or employees for loss or damage with the scope of insurance, and each party, to such extent permitted for itself and its insurers waives all such insured claims against the other party. Each party shall promptly notify the other party in writing in the event it is unable to obtain this waiver. 10. ENTIRE AGREEMENT AND AMENDMENT. This Lease constitutes the entire agreement between the parties regarding the Premises and no agent of either party has any authority to alter, amend or waive any terms unless such amendment is in writing and signed by the parties hereto. IN WITNESS WHEREOF. The parities hereto have executed this Lease as of the date written below. Landlord: TAAP 11, LLC C EN�I /_ I Tenant: Total Action Against Poverty in Roanoke Valley Date: Tit Attest. Attest: OPERATING AGREEMENT OF TAAP REAL PROPERTY II, LLC As of December 22, 2003 ARTICLE VIRGINIA LIMITED LIABILITY COMPANY TAAP Real Property II, LLC (the "Company ") is a limited liability company formed pursuant to the provisions of the Virginia Limited Liability Company Act (the "Act "), which shall govern the Company except as otherwise provided in this Operating Agreement. ARTICLE It GENERAL PROVISIONS Section 2.1 Name. The name of the Company shall be TAAP Real Property II, LLC, and all business of the Company shall be conducted in that name or in such other trade or fictitious name(s) as the Member may from time to time determine. Section 2.2 Principal Office. The principal office and place of business of the Company shall be at the place set forth in the Articles of Organization, or such other place as the Member may from time to time determine. Section 2.3 Term. The period of duration of the Company shall be indefinite. Section 2.4 Registered Agent and Registered Office. The Company shall maintain a registered office and a registered agent in compliance with the Act. ARTICLE III CAPITAL Section 3.1 Capital Contribution of Member. The sole member of the Company is Total Action Against Poverty in Roanoke Valley (the "Member "). The Member has made a capital contribution as set forth on Exhibit A. Section 3.2 Additional Capital Contributions, The Member shall not be required to make additional capital contributions. Section 3.3 No Right to Withdraw Capital. No interest shall accrue on any contribution to the capital of the Company and the Member shall not have the right to withdraw (k1948297 1,115556 -00009 -01) from the Company or be repaid any contribution of capital except as otherwise specifically provided herein. Section 3.4 Capital Accounts. A separate capital account shall be maintained for the Member. There shall be credited to the Member's capital account: (i) the amount of cash contributed by or on behalf of the Member, (if) the profits of the Company, and (iii) the amount of any special allocation made pursuant to this Agreement. The Member's capital account shall be charged with (i) the amount of all distributions to the Member, and (it) the losses of the Company. ARTICLE IV MANAGEMENT OF THE COMPANY Section 4.1 Management by Manager. The member agrees that the responsibility for managing the business and the affairs of the Company shall be delegated to a Manager, pursuant to Section 13.1 -1024 of the Virginia Limited Liability Company Act (the "Act "), and hereby elect and appoint Total Action Against Poverty in Roanoke Valley as the Manager of the Company. The Manager shall serve and continue in such office at the pleasure of the Member until such time as she is removed by the Member. Section 4.2 Power and Authority of the Manager. All powers of a limited liability company under the Act shall be exercised by or under the authority of, and the business and affairs of the Company managed under the direction of, the Manager, subject to any limitations imposed herein or any limitations the members may from time to time hereafter impose. The Manager may appoint, employ, contract or otherwise deal with any person as necessary for transacting the Company's business. Section 4.3 Sale of Assets. The disposition of all or substantially all of the assets of the Company, whether by sale, merger or other transaction, shall require the vote of the Member. Section 4.4 Third Party Reliance. Third parties dealing with the Company shall be entitled to rely conclusively upon the power and authority of the Manager as set forth herein. Section 4.5 Officers. The Member may appoint and elect, and shall have the power to terminate and remove with or without cause, such officers ( "Officers ") as it determines necessary or expedient in carrying out the Company's business and affairs. Such officers shall have such duties, responsibilities and authority as shall be delegated to each of them by the Member. Other officers may from time to time be elected by the Member and be given such titles, duties and responsibilities as are commensurate with their duties and responsibilities as determined by the Member. The Member shall have authority to fix the compensation of, and to enter into employment agreements with and to grant Company equity or other bonus or incentive compensation to, any officer of the Company on such terms as the Member shall determine in each individual case in its sole and absolute discretion. 4H194N29 9- 1.115556 00009 -011 ARTICLE V PROFITS AND LOSSES Taxable income, gains, losses, deductions and credits shall be allocated to the Member. ARTICLE VI DISTRIBUTIONS The Company may make distributions of available cash to the Member. ARTICLE VII RELATED PARTY TRANSACTIONS Section 7.1 Dealings With the Comaanv. The Company may, in its discretion and at any time, engage to perform for, sell to, or purchase or acquire from, the Member or any firm or corporation in which the Member has an interest, any services or goods which may at any time be necessary, proper, convenient or advisable in carrying on the business and affairs of the Company, or, in disposing of some or all of its assets; provided, however, the compensation or price paid therefor shall not materially differ from that generally prevailing in comparable transactions in the geographical area in which the Company conducts such business. Section 7.2 Engaging in Other Business by the Member. The Member may engage in and /or possess an interest in other business ventures of any nature and description, independently or with others, whether or not in competition with the Company; and neither the Company nor the Member shall have any right by virtue of this Agreement in or to the Member's independent ventures or to any income or profits which may be derived therefrom. Further, the Member shall be under no obligation to present any particular business or investment opportunity to the Company even if such opportunity is of a character which, if presented to the Company, could be taken by the Company, and the Member shall have the right to take for its own account (individually or as a trustee) or to recommend to others any such particular business or investment opportunity. ARTICLE VIII BOOKS, RECORDS AND AUDITS Section 8.1 Books and Records. The Manager shall keep, or cause to be kept, at the principal office of the Company, full and true books and records of account for the Company, which shall be open to reasonable inspection and examination by the Member or its duly authorized representatives. Section 8.2 Accounting Period and Annual Financial Statements. The accounting period of the Company shall be the same as that of the Member. The Member shall be provided {N 19482871. 115556 -00009 -0 1) with a financial statement of the Company as soon after the end of the fiscal year as is reasonably possible. Section 8.3 Audits. Upon written request or demand of the Member, the Manager shall cause an audit of the Company books to be made by the certified public accountant or accountants designated in such demand or request. The costs of any such audit shall be paid by the Company. Section 8.4 Tax Matters. As soon as possible after the close of each Company year, a report of the net profits or losses of the Company shall be furnished to the Member, together with a statement indicating the Member's share in the profits or losses for such year. In addition, the Member shall be provided with such additional information as may be reasonably required in preparing its own state and federal income tax returns. Total Action Against Poverty in Roanoke Valley. is the "tax matters partner." In the event of a distribution of property made in the manner provided in Section 734 of the Code, or in the event of a transfer of any ownership interest in the manner provided in Section 743 of the Code, the Member may, but shall not be required to, make an election under Section 754 of the Code in accordance with the provisions set forth in the regulations promulgated thereunder. ARTICLE IX DISSOLUTION AND TERMINATION Section 9.1 Events of Dissolution. The Company shall be dissolved: (a) Upon the sale or other disposition of all or substantially all of its property and assets; (b) Except as modified herein, upon the occurrence of any event or circumstance as specified in the Act, as from time to time amended; or (c) Upon the written consent of the Member. Section 9.2 Distributions in Liquidation. Upon the dissolution of the Company and incident to the winding -up of the Company's business and affairs, the Company shall pay, or make provision for the payment of, all of Company's liabilities and obligations, actual or contingent, and all expenses of such liquidation. Following the payment, or the making of provision for the payment, of liquidation expenses and Company's liabilities and obligations as aforesaid, the remaining assets of Company shall be distributed to the Member. Section 9.3 Liquidation. Although the Company shall be deemed dissolved, effective upon the date on which an event occurs giving rise to such dissolution, the Company shall nonetheless not be wound up until the Company's Articles of Organization shall have been canceled and the assets of the Company shall have been distributed as provided herein. Notwithstanding the dissolution of the Company prior to its winding -up, the business of the Company and the rights of the Member shall continue to be governed by this Agreement. 111948287- 1.115556 00000 -01, ARTICLE X AMENDMENTS This Agreement shall be amended only upon the written consent of the Member. ARTICLE XI MISCELLANEOUS Section 11.1 No Third Party Beneficiaries. The provisions set forth herein are not intended to be for the benefit of any creditor or other person to whom any debts, liabilities or obligations are owed by (or who otherwise may have any claim against) the Company or the Member; and no creditor or other person shall obtain any right under any of the foregoing provisions or shall by reason of any of the foregoing provisions make any claim in respect of any debt, liability or obligation (or otherwise) against the Company or the Member. Section 11.2 Construction. Whenever the context may require, any pronouns used herein shall include the corresponding masculine, feminine or neuter forms, and the singular form of nouns and pronouns shall include the plural and vice versa. Section 11.3 Severabilitv. Every provision of this Agreement is intended to be severable. If any term or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the terms or provisions hereof. Section 11.4 Addresses. 'The Member shall keep the Company informed of its current address. The Company shall keep the addresses famished by the Member on file at its principal office and the same shall be made available to the Member on request. Section 11.5 Notices. Any and all notices, elections, consent or demands permitted or required to be made under this Agreement or the Act shall be made in writing, signed by the party giving such notice, election, consent or demand and shall be delivered personally or sent by registered or certified mail to the Company and to the Member at the address or addresses as set forth in the Company's records or to such other address as may be supplied by written notice given in conformity with the terms of this Section. Section 11.6 Successors and Assigns. Subject to the restrictions on Transfer set forth herein, this Agreement and each and every provision hereof shall be binding upon and shall inure to the benefit of the Member, its respective heirs, successors and assigns, and each and every successor in interest to the Member, whether such successor acquires such an interest by way of gift, purchase, foreclosure or by any other method, shall hold such interest subject to all the terns and provisions of this Agreement. Section 11.7 Applicable Law. This agreement and the rights of the parties hereunder shall be governed by the laws of the Commonwealth of Virginia. 5 (41948289 -1, 115556- W(X)9 -01) Section 11.8 Counterparts. This Agreement may be executed in any number of separate counterparts, all of which taken together shall be deemed one original instrument notwithstanding that all parties are not signatory to the same counterpart. Section 11.9 Headings. The headings used in this Agreement are used solely for the convenience of reference, shall not constitute a part of this Agreement or affect its meaning, construction or effect. IN WITNESS WHEREOF, this instrument has been executed as of the day and year first above written for the purposes herein expressed. MEMBER: TOTAL ACTION AGAINST POVERTY IN ROANOKE VALLEY By Its PS Sworn to anb swsl) I <, _ t c In my Presence this rlbey of_ . � — 1(4 - A Virginia NctaryPub)�.in ie8tateatLarge — jJotary Public }7ycol"Mseionexpir� ;y 151948]8]- 1,115556 -00009 0 1 ) EXHIBIT A Capital Contribution Total Action Against Poverty in Roanoke Valley As reflected on books of Company @194828) -1, 115556-00009-11) vor view me /nmMMl 0. N,, Ih., ,.d M1.,.d. aMmp mr II Or w = =•m. vpnay. a.m wanaw ev mtr Werys nuev mmdrmvo my e . bee reeree f.-, ea..n nmem °p antl Bean .1 ar m aem I. nuv Ih. nm ee mnmm.e ur On ran /[nvren I.T preprs noon.... ane hm barmen 11 AI,l Imnne ♦wne vad /nn new vawure armns /n.er s sann/[mlly le °/° r e are email ouv yn,.ann le m/rrrcr h m /Iln rh00 v.medm k., rnro ane ul R,nuoe omo nnu4 Wbrn, uhre eorny —,q e¢I en. mnlvm If seen. on nnp p nan hl ea b m ne mameu x, seian.1 ll.e booneJpmlum lm rh. I,— ums. mrh bend m pmrer� III m new volnnree n /nmur Irb 1---- penan.e vm m¢ np uhrev..1, e M1 — v p 1. — ei im e/dare. oe =onv I M1 D,l ale mr ph... e pny n/a —I amM1 „, ea ul., M1., .pple.a.el.- 11.11., -- Fllp,N...— F1- 11__x.,1.1.1, a,uls w �l.,,ep.p.[.a.eeu..,.,..,. ,[ Im-1 nwntl rery <nsua .awa,e auav /save e.e nr: snM1 /Eml �•hrJw,lre m-nl Iona" mvmi i e x.man ouae w .vue v /iNo n vm /qe I emae. nsN ,pobiF,M [ nuv nv unmmen mina luElec sale name mavt n,l uem —fl— a Sel— 1ap EVnv[v [nMeoouu n F.Fl. ane mam[s 11 VOUOV m ulemu evm, SIPI emevamnIanemp- M1 wp van... iw —'l— [ a[npM1V I n F., pl amn I ph—lp h, nPo vm [nw ve /uimee I., If e..mu, i h ey wome Pa role avai.e iar 11-1 id mnne ems •en ow ✓wr wan uo..... a /rs d.. .1 mr 'p d' nean vm event. lvee reiamtl riser gown mr rnvUe vld --moms i—f nrouFe m etl br her e nn /xnnen p.eeuin unn pee sane ee qxv Fmoen q u erenn Atom xe.. /mnr¢ raw..e aeomrye ue mu s.p /[ x ° /w" re —eio.. nu wi re rs. /Yry n o n .1 ib. xeee vpo eer into ...tl v nuonr T. 5.111t me vreenen', uwn i enms, navy nrl nem mnmmlrsNem on neap ev w¢v v'M1'r pvven mnm me h,O,1- 1-1... 17 r ram /bosun 11n i-dv ava[e iM1e onu ..n of inebmxeVpmxum 1,Ih. eve- emhersun lvenL io oemeU Id p usw vvlvmeers /i.mmr 'rM1 °eemrn na person inven v.c �o iabl o. no e b venvure .,. ime/beie. uv oe.ephr O.Y or error pF- ve.+pbv .. /a COMMISSIONER OF THE REVENUE CITY OF ROANOKE n SHERNIAN A. HOLLAND Commissioner � GREGORY S. EMERSON ChidDyun \.d ^.jy, September 2, 2016 Ms. Annette Lewis, President & CEO Total Action For Progress 302 2nd Street, SW Roanoke, VA 24011 Re: Exemption of property owned by TAAP Real Property 11 LLC and located at 2121 Salem Ave, SW Parcel No. 1311221 Dear Ms. Lewis, We received your letter requesting tax exemption from real estate taxes from the City of Roanoke on the above captioned property. The above parcel is currently being taxed by the City of Roanoke for real estate taxes for the 2016 -17 tax year. Based on the information submitted, this property is not eligible for exemption by classification or designation. However, you may submit a petition to the City Clerk's Office to apply for an exemption for non -profit organizations through City Council. Should you have any additional questions please do not hesitate to call. Sincerely, _155nan A.H 141_W� Commissioner of the Revenue SAH /jec Cc: Stephanie Moon Reynolds, City Clerk R.B. Lawhorn, Dept. of Management and Budget 215 Church Avenue SW, Room 251 • Roanoke, Virginia 24011 Phone (540) 853 -2521 * Fax (540)853 -1115 R ann....nokegov. corn ro aox'A51.., ROAVOKE, VA 24007 (St0; 853 -2551 -Ax (540) 05 }1019 n..w...rkevagw Statement Dale: 0 812 312 01 6 2121 SALEM AVE SW NEW LOT 2080LK43 RV TAAP REAL PROPERTY II LLC TAAP REAL PROPERTY II LLC aeeila one 6.empn^na Gnarga Vesenptlon I a ... to tcla' u v o:3tato Taz 254330 i « 3, r04.90 Total Current Y. T 3J0?.90 Aoaxwater Ula ty Fee 580.40 Total C.menl Year CM1arges 3)d5.30 naor You le!Necenmai Sin / rota!UNT DU 1,99530 ✓ /// AMOUNT DUE BY 10105/2016 51.092.61 'For 6lormwaler Ull41y Fee poet! ons. Call toe Slprmwalar plvisron 1540) 8535900 or slormwalerQmanoNaw gov 1' City of Roanoke —,I ! p p 1 -- Fr61 11051018 Sec^a WI05120T Real Estate Tax Statement ROANOKE / Tax Year 2017 Property Address Tax Map No 1311221 ,V // Legal Descnptlan Roanoke City Jan 1 Owner i Current 0 (uner$) ssm vamas �ntl ]71111 ro aox'A51.., ROAVOKE, VA 24007 (St0; 853 -2551 -Ax (540) 05 }1019 n..w...rkevagw Statement Dale: 0 812 312 01 6 2121 SALEM AVE SW NEW LOT 2080LK43 RV TAAP REAL PROPERTY II LLC TAAP REAL PROPERTY II LLC aeeila one 6.empn^na Gnarga Vesenptlon I a ... to tcla' u v o:3tato Taz 254330 i « 3, r04.90 Total Current Y. T 3J0?.90 Aoaxwater Ula ty Fee 580.40 Total C.menl Year CM1arges 3)d5.30 naor You le!Necenmai Sin / rota!UNT DU 1,99530 ✓ /// AMOUNT DUE BY 10105/2016 51.092.61 'For 6lormwaler Ull41y Fee poet! ons. Call toe Slprmwalar plvisron 1540) 8535900 or slormwalerQmanoNaw gov 1' el00 oer I_0100 IIr _ —,I ! p p 1 -- Fr61 11051018 Sec^a WI05120T T_— _ r`e 911y Interon Feas Total Dua 5 1,89265 000 0.00 _ 000 1.89261 10 ^255 coo 0.00 000 1.392 ru' 3]05 n0 _LLCO 0.00 009 111~ `r i I A c nt au i1 el00 oer I_0100 IIr _ —,I ! p p 1 -- Fr61 11051018 Sec^a WI05120T T_— _ r`e 911y Interon Feas Total Dua 5 1,89265 000 0.00 _ 000 1.89261 10 ^255 coo 0.00 000 1.392 ru' 3]05 n0 _LLCO 0.00 009 The property owner is responsible for ensuring full payment of this obligation. If funds are held in escrow to pay for these taxes, forward this statement along with your loan numberte the mortgage holder. BK after bill number denotes owner under protection of federal bankruptcy laws. Internal Revenue Service uepanrn©nt of trip i reasury District Bo!timorc District Director PO_a1 Action AgainsC Poverty In Roanoke Va,17ay R x 2 n(6 8 Roanoke, VA 24001 -2868 Dear Sir /Madam: 31 Hopkins Playa, baltlmowe, Md. 21201 Person to Contact: EVE Tax Examiner Telephone Namber: (410)962 -6052 Refer Reply to: i:F /EOc,'SU Room 817 This is in response to your inquiry dated __Ap -02, ?_% requesting a copy of the letter which granted tax exempt statue to the above named organization. Our records show that the organization Was granted exemption from Federal Income Tax under section 501(c) (3) of the internal Revenue Code effective Junc, 1965 we have also determined that the organization is not a private foundation because it is described in section(,) 509(a)(U and 170(b) (1) (A) (vi) . Donors may deduct contributions to you under section 170 of the Code. As of January 1, 1984, you are liable for taxes under the Federal Insurance Contributions Act (social security taxes) on remuneration, of $100 or more you pay to each of your employees during a calendar year. You are not liable for the tax imposed under the Federal Unemployment Tax Act (FUTA) . You are required to file Fors 990, Return of Organiza"On Exempt From Income Tax, only if your gross receipts each year are normally more than $75,000. However, if you receive a Form 990 package in the mail, please file the return even if you do not exceed the gross receipts test. if you are not required to file, simply attach the label provided, check the box in the heading to indicate that your annual gross receipts are normally $75,000 or 'ass, and sign the return. A copy of our letter certifying the status of the organization is not available, however, this letter may be used to verify your tax- exempt status. Because this letter could help resolve any questicnes nbcut your exempt status, it should be kept in your permanent records. Sincerely yours, Di�ict Director