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Home My WebLink AboutCouncil Actions 02-20-18GARLAND 41057- 022018 ROANOKE CITY COUNCIL REGULAR SESSION FEBRUARY 20, 2018 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order - -Roll Call. All Present. Mayor Lea called for a Moment of Silence for the victims and their families due to the tragic killing of 17 students and wounding of 13 at the Marjory Stoneman Douglas High School in Parkland, Florida on Wednesday, February 14, 2018. 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 Lea. Welcome. Mayor Lea. NOTICE: Today's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, February 22 at 7:00 p.m., and Saturday, February 24 at 4:00 p.m.; and video streamed through Facebook Live at facebook.com /roanokecitycouncil. 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: Architectural Review Board — one vacancy Unexpired term of office ending October 1, 2020 Fair Housing Board —three vacancies Unexpired term of office ending March 31, 2019 Unexpired term of office ending March 31, 2021 Term of office end March 31, 2021 Parks and Recreation Advisory Board — one vacancy Term of office ending March 31, 2021 Roanoke Neighborhood Advocates — one vacancy Unexpired term of office ending June 30, 2019 Access the City's homepage to complete an online application for the abovementioned vacancies. Expiration of the three -year terms of office of Mark K. Cathay, Laura D. Rottenborn and Richard "Dick" Willis, Jr., as Trustees of the Roanoke City School Board ending June 30, 2018. Deadline for receipt of applications is Friday, March 9, 2018. Applications, questions and /or additional information, please contact City Clerk's Office at 853 -2541. 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: Government Finance Officers Association Distinguished Budget Presentation Award for the FY 2018 Budget. Presented Award to Amelia C. Merchant, Director of Finance. Certification of the City of Roanoke as an AARP Network of Age - Friendly Community. Presented Certificate to Robert S. Cowell, Jr., City Manager. 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. Mark L. Ferguson appeared before the Council to express his gratitude for having an open mind regarding the replacement of Fire Station No. 7. Allison Blanton, President, Roanoke Valley Preservation Foundation, appeared before the Council to urge them to explore other options to preserve the historic Fire Station No. 7. 4. CONSENT AGENDA: (APPROVED 6 -0, AS AMENDED) 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. Mayor Lea called attention to Item C -2, advising that the item would be removed and considered separately inasmuch as Council Member Dykstra has a personal conflict of interest. C -1 Minutes of the regular meeting of City Council held on Monday, February 5, 2018. RECOMMENDED ACTION: Dispensed with the reading of the minutes and approved as recorded. C -2 Removed and considered separately. C -3 A communication from the City Clerk advising of the resignation of John Missell as a member of the Architectural Review Board, effective immediately. RECOMMENDED ACTION: Accepted the resignation and received and filed the communication. Council Member Dykstra read a Statement of Conflict of Interest into the record acknowledging a personal interest in Item C -2 because her employer, Boys & Girls Clubs of Southwest Virginia, Inc., has an interest in a lease transaction with Restoration Housing in the real property in which the City may consider acquiring an interest. C -2 A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss or consider the acquisition of interests in real property by the City for public purposes, whether in fee simple, in leasehold, or in other interest, where discussion in an open meeting would adversely affect the negotiating strategy of the public body, pursuant to Section 2.2 -3711 (A)(3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. (6 -0, Council Member Dykstra abstained from voting. REGULAR AGENDA: 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: a. Information with regard to the process for conducting the upcoming 2020 U. S. Census. Ronald E. Brown, Partnership Specialist, U. S. Census Bureau, Spokesperson. (Sponsored by the City Manager) Remarks received and filed. b. Information with regard to the aspirations of the late Tom M. Cain, community advocate. Peter Wonson, Spokesperson. (Sponsored by Mayor Lea and Council Member Bestpitch) Remarks received and filed. 7. REPORTS OF CITY OFFICERS AND COMMENTS OF THE CITY MANAGER: a. CITY MANAGER: BRIEFINGS: • Parks and Recreation Master Plan Update - 20 minutes Remarks received and filed. • Parks and Recreation and Mill Mountain - 15 minutes Garden Club — Go Native Remarks received and filed. ITEMS RECOMMENDED FOR ACTION: 1. Acquisition of real property from Village Green, LLC, in connection with Fire Station No. 7 Project. Adopted Ordinance No. 41057- 022018. (7 -0) 2. Revision to FY 2018 HUD Budget Ordinance. Adopted Budget Ordinance No. 41058-022018. (7 -0) 3. De- appropriation of Virginia Department of Rail and Public Transportation Intercity Passenger Rail Operating and Capital Program Revenue Funds. Adopted Budget Ordinance No. 41059-022018. (7 -0) 4. Acceptance and authorization to execute a Virginia Department of Transportation Economic Development Access Program Grant for extension of Blue Hills Drive, N. E. Adopted Resolution No. 41060-022018. (7 -0) COMMENTS OF THE CITY MANAGER. The City Manager gave the following comments: Reimaaine Oak Grove • Roanoke County and the City of Roanoke are developing plans to make it easier for Oak Grove residents and visitors to get to the parks, shops, restaurants, and amenities. • Citizens will be invited to share ideas to shape the future of this community and help build a walkable and dynamic center in Oak Grove. • Community Meetings will be held to receive input: c Thursday, March 15, from 4 to 7 p.m. at Oak Grove Elementary School o Saturday, March 24, from 9 a.m. to 12 p.m. at Oak Grove Elementary School • Additional community meetings will be held in May, and a survey is available online at roanokecountyva.gov /OakGrove. • Staff anticipates presenting a redevelopment plan by this fall. Solid Waste Collection • City offices were closed on Monday for Presidents' Day. As a result, residential /commercial collection of trash, brush, bulk, and "A" week single- stream recycling during this week will be delayed by one day. Solid Waste Fee • Just a reminder - The due date for all Sold Waste Fee payments has been changed from Feb. 15 to March 30, 2018. Payments can be made: • in person at the Municipal Building • by Drop Box located at the Municipal Building • by mail addressed to Treasurer, City of Roanoke, P.O. Box 1451, Roanoke, VA 24007 • by phone using a Credit/Debit Card at 1- 800 - 272.9829 (Jurisdiction Code 1006) or • by E -check or Credit Card online at roanokeva.gov /payments Youth Voices of the Roanoke Valley Will Host Two Events • Saturday, February 24 • Roanoke College 9:00 a.m. to 2:30 p.m. The event is titled "Speak Up." This is an opportunity for high school students to talk about difficult issues they are facing today. Topics will include diversity, inclusion, and equity in our community. • Saturday, March 3 Lucy Addison Middle School Noon to 3:00 p.m. The event is titled "So You Want to be a Millionaire, Get Started Now!" Discussion will focus on job readiness for our youth. More information about these events is available on Facebook, search "Roanoke Youth Services." 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 City Manager recommending that Council concur in the request. Donna Caldwell, Director of Accounting, Spokesperson. Adopted Budget Ordinance No. 41061 - 022018. (7 -0) Dr. Rita D. Bishop, Superintendent of Roanoke City Public Schools, appeared before the Council and shared vital information regarding the school safety and certain protocols that are in place in the event of school violence. 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 11. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and /or comments by the Mayor and Members of City Council. Youth Voices of the Roanoke Valley to host two events: "Speak Up" on Saturday, February 24 at Roanoke College, Colket Center, Wortman Ballroom. "So You Want to be a Millionaire, Get Started Now!" on Saturday, March 3 at Addison Middle School. Prepared statements read by Mayor Lea and Council Member Garland in connection with the shooting in Parkland, Florida at the Majory Stoneman Douglas High School on Wednesday, February 14, 2018. In connection with remarks by the School Superintendent, the City Manager was asked to find funds for four additional resource officers to be located in the City Schools. Congratulations were expressed to the Roanoke City girls and boys high school basketball teams on their recent wins; noting that the teams will play in the Quarter Finals on Wednesday, February 23 as follows: William Fleming Boys at Albemarle Patrick Henry Boys at Harrisonburg William Fleming Girls at Home Patrick Henry Girls at Home Members of Council were encouraged to support the high school basketball teams. Special Lenten Series to be hosted by First Baptist Church — Gainsboro and Greene Memorial United Methodist Church called "From Confession to Communication." To be held in the Fellowship Hall of First Baptist Church and will begin on Wednesday, February 21 and conclude on Wednesday, March 28. The Church will serve soup and sandwiches at 6:00 p.m., followed teaching, tools, and tough questions at 6:30 p.m., and conversation, conclusions and connections at 7:30 p.m. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. NONE. 12. RECESS - 5:26 P.M. THE COUNCIL MEETING WAS DECLARED IN RECESS TO CONVENE IN A CLOSED MEETING IN THE COUNCIL'S CONFERENCE ROOM; AND THEREATER, TO BE RECONVENED AT 7:00 P.M., IN THE CITY COUNCIL CHAMBER. ROANOKE CITY COUNCIL REGULAR SESSION FEBRUARY 20, 2018 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order - -Roll Call. All Present. The Invocation was delivered by The Reverend Vannie L. Harrell, Pastor, Church Alive International. Mayor Lea called for a Moment of Silence in connection with the shooting in Parkland, Florida at Marjory Stoneman Douglas High School. The Pledge of Allegiance to the Flag of the United States of America will be led by Boy Scout Troop No. 17 of St. John's Episcopal Church. Welcome. Mayor Lea. CERTIFICATION OF CLOSED MEETING. (6.0, Council Member Dykstra abstained from voting). NOTICE: Tonight's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, February 20 at 7:00 p.m., and Saturday, February 24 at 4:00 p.m.; and video streamed through Facebook Live at facebook .com /roanokecitycouncil. Council meetings are offered with closed captioning for the hearing impaired. A. PRESENTATIONS AND ACKNOWLEDGEMENTS: Presentation of the Roanoke Prevention Alliance Youth Leaders entitled "Young People Making Things Happen." Remarks were received and filed. Mayor Lea recognized Cub Scout Pack No. 7 of Our Lady of Nazareth Catholic Church. B. PUBLIC HEARINGS: 1. Request of Chris Benson to amend conditions proffered as part of a previous rezoning at 745 Townside Road, S. W. Chris A. Benson, Spokesperson. Adopted Ordinance No. 41062- 022018. (5 -2, with Council Members Trinkle and Dykstra voting no.) 2. Request of F.V. Cemetery Co., Inc., to rezone the following properties: the western portion of 752 31 st Street, N. W.; 744 31st Street, N. W.; 742 31 at Street, N. W.; and 736 31st Street, N. W.; from RM -1, Residential Mixed Density District, to ROS, Recreation and Open Space District. Dennis R. Cronk, Agent, Spokesperson. Adopted Ordinance No. 41063 - 022018. (7 -0) 3. Request of SWW Investments Co., LLC, to repeal and replace conditions proffered as part of a previous rezoning at 1919 10th Street, N. W. Ben Crew, Balzer and Associates, Spokesperson. Adopted Ordinance No. 41064 - 022018. (6 -1, Council Member Dykstra voting no.) 4. Proposal of the City of Roanoke to lease a portion of City -owned property located at 0 Morgan Avenue, S. E., commonly known as "Morningside Park' to Roanoke Community Garden Association, Incorporated, for a term of five years, commencing March 1, 2018. Robert S. Cowell, Jr., City Manager. Adopted Ordinance No. 41065- 022018, as amended. (7 -0) 10 5. Proposal of the City of Roanoke to lease a portion of City -owned property located at 0 Morgan Avenue, S. E., commonly known as "Morningside Park" to Carilion Clinic, for a term of five years, commencing March 1, 2018. Robert S. Cowell, Jr., City Manager. Mayor Lea pointed out that at the February 5 Council Meeting, Council Member Trinkle had noted for the record his personal conflict and had read into the record a Statement of Conflict of Interest which is on file in the City Clerk's Office. At this point, Council Member Trinkle left the Council Chamber. Adopted Ordinance No. 41066 - 022018, as amended. (6 -0, Council Member Trinkle was not present when vote was recorded.) 6. Proposal of the City of Roanoke to lease a portion of City -owned property located at the northeast corner of 13th Street and Cleveland Avenue, S. W., to Roanoke Community Garden Association, Incorporated, for a term of five years, commencing March 1, 2018. Robert S. Cowell, Jr., City Manager. Adopted Ordinance No. 41067- 022018. (7 -0) Proposal of the City of Roanoke to grant a permanent sanitary sewer easement and two temporary construction easements across City -owned property located along Kenwood Boulevard, S. E., to the Western Virginia Water Authority in order to replace an existing sanitary sewer line. Robert S. Cowell, Jr., City Manager. Adopted Ordinance No. 41068- 022018. (7 -0) C. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. D. ADJOURN - 8:05 P. M. 11 C'ECELIA l'. WEDD, ('M(' Assistant Depnly City Clerk February 21, 2018 John Missell 2049 Windsor Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Missell: A communication from the City Clerk advising of your resignation as a member of the Architectural Review Board was before the Council of the City of Roanoke at a regular meeting, which was held on Tuesday, February 20, 2018. On behalf of the Members of Roanoke City Council, I would like to express appreciation for your service to the City of Roanoke as a member of the Architectural Review Board from August 1, 2016 to February 20, 2018. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your service. Sincerely, Stephanie Moo n olds, M� City Clerk Enclosure CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Ronnoke, Virginia 24011 -1536 '1'clap0ale: (540)853 -2541 Pox: (540)853-1145 \'1'E YII AN I M. MOON REYNOLDS, MMC F vudl: elerk(a]ruxnakeva.gpv CECELIA F. M('C'OY City ('lerk Dgmty City Clerk C'ECELIA l'. WEDD, ('M(' Assistant Depnly City Clerk February 21, 2018 John Missell 2049 Windsor Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Missell: A communication from the City Clerk advising of your resignation as a member of the Architectural Review Board was before the Council of the City of Roanoke at a regular meeting, which was held on Tuesday, February 20, 2018. On behalf of the Members of Roanoke City Council, I would like to express appreciation for your service to the City of Roanoke as a member of the Architectural Review Board from August 1, 2016 to February 20, 2018. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your service. Sincerely, Stephanie Moo n olds, M� City Clerk Enclosure CERTIFICATE OF APPRECIATION PRESENTED TO John Missell AS A MEMBER OF THE ARCHITECTURAL REVIEW BOARD FROM AUGUST 1, 2016 TO FEBRUARY 20, 2018 ON THIS 21ST DAY OF FEBRUARY" "2018 IN RECOGNITION OF PUBLIC SERVICE FAITHFULLY RENDERED TO THE CITY OF ROANOKE APPROVED: w ye §� SHERMAN P. LEA, SR. MAYOR ATTEST: Ma ollor " Men' � c rSr CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540)853 -1145 STEPHANIE M. MOON REYNOLDS, MMC E -mail: elcrk(a;roanokeya.gov City Clerk February 20, 2018 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Lea and Members of Council: CECELIA F. MCCOY Deputy City Clerk CECELIA T. WEE& CMC Assistant Deputy City Clerk This is to advise that John Missell has tendered his resignation as a member of the Architectural Review Board, effective immediately. Sincerely, F'Y?� ")- Stephanie M. Moon Reynolds City Clerk aCITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: February 20, 2017 Subject: Request for Closed Meeting A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss or consider the acquisition of interests in real property by the City for public purposes, whether in fee simple, in leasehold, or in other interest, where discussion in an open meeting would adversely affect the negotiating strategy of the public body, pursuant to Section 2.2 -371 1 (A)(3), Code of Virginia (19S0), as amended. j Robert S. Cowell, Jr. City Manager Distribution: Council Appointed Officers STATEMENT OF CONFLICT OF INTEREST I, Michelle L. Dykstra, state that I have a personal interest in the agenda item C -2 of the 2:00 p.m. Session of City Council on February 20,2018, regarding a communication from the City Manager requesting that Council convene in a Closed Meeting to discuss or consider the acquisition of interests in real property by the City for public purposes, whether in fee simple, in leasehold, or in other interest, because my employer, Boys & Girls Clubs of Southwest Virginia, Inc., has an interest in a lease transaction with Restoration Housing, or its assigns, and members of Restoration Housing hold interests in the entity which holds interest in the real property in which the City may consider acquiring an interest Therefore, pursuant to Virginia Code Section 2.2 -3112, I must refrain from participation in this matter. I ask that the City Clerk accept this statement and ask that it be made a part of the minutes of this meeting. Witness the following signature made this 20" day of February, 2018 u J,u -U. a ��yt(Seal) Michelle L. Dykstra, Council Member CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: February 20, 2018 Subject: Presentation Regarding the Upcoming 2020 U.S. Census Process I would like to sponsor a presentation by Mr. Ronald E. Brown, Partnership Specialist with the U.S. Census Bureau, to present information regarding the process for conducting the upcoming 2020 United States Census. -- ------- - - - - -- Robert S. Cowell, Jr. City Manager Distribution: Council Appointed Officers MUNICIPAL COMPLETE COUNT COMMITTEE A Municipal Complete Count Committee is a mutually beneficial partnership — at the highest level— within each city. The mayor often appoints members of the Complete Count Committee (CCC). Committees consist of influential community leaders who are charged with developing a census awareness campaign that: Communicates the importance of the census through local messaging. Raises awareness of the census throughout the city. Motivates every household in the city to participate in the census by completing the questionnaire thoroughly and in a timely manner. Increases the city's self- response rate. The size of the Complete Count Committee is determined by each city. In addition, mayors and city councils may allocate funding to support the activities of the CCC. Cities view this funding as a sound investment in the future. Failure to count resi- dents could result in a substantial loss of revenue for the next decade. Council Members from Priority Target Areas ys Partnership Specialist is advisor and Census liaison to Municipal CCC's a Deputy Director Heads of Relevant Government Agencies and Departments Heads of Community _ Organizations 1ePre5entatives from Faith -Based Organizations Heads Univerf ties/ universities/ Colleges Executive Headsof Director Business Associations United States" DHI}ED STAN Stau uc. AdHr aF avers RLE Census Ecarronvcs an0 Ste4Nib AdmnisVatron p U.S. fines Bureau V,,,,,,/ I wa�mwu, ix:vrize,�aa:. Bureau MUNICIPAL COMPLETE COUNT COMMITTEE M* PROMOTION =� MOTIVATIOM I ACTIOM EDUCATION PHASE January 2018 — September 2019 The education phase is often referred to as the "Raising Census Awareness" phase. The message to each community member is that the census is a civic activity that affects people of all ages, races, cultures, and ethnicities. This is the period to strongly em- phasize the many uses of census data and highlight specific local examples of how census data benefits a community. PROMOTION PHASE April 2019 — January 2020 The promotion phase of the 2020 Census officially starts on April 1, 2019, a year out from Census Day. This phase overlaps with the education phase. The theme of this phase is "The 2020 Census is Coming." During this period, CCCs implement activities through their government, faith -and community-based organization, business, media, and recruitment partners. An effective strategy guarantees that community residents will encounter census messages during times of work, play, leisure, school, and worship. MOTIVATION/ ACTION PHASE February 2020 —June 2020 The motivation /action phase starts in February 2020, intensifies in March 2020, and reaches its peak on Census Day —April 1st, 2020. The theme of this phase is "Be Counted for Your Commufdtyae and the focus is to motivate each household to take ownership of the census and make a conscious decision to participate. The non - response follow -up operation will be the focus toward the end of this phase, and the message to the community will change, encouraging households to "Cooperate with Census Takers". mi....mmomes, ausmsssa.[mr[r.akea unifying clement put at..he, merlin nshuddwimmem comment, .1. wmmumty mpn Whicamintr iq nus[mart methods ids and abkx them to immune . omersom me, pr, tzar. pporcemmesror,aoea .i —es and eyes, rrcee.ne meke.oemes. pMSenamywhae mW r> s"rae[ areas scum is thermal.. alre1 mb[om mltme a, des aowardma rol pmpmermns nd regmpm[arw. keaMes 0 S. households users uhcols and helps Claude a generates of mure .1rhapoMms. worse with unicersmy Musing W oWln administraclve records for moup cour : Mwmsofleampol"adencs M WrtMWm acwrai ..� UNI ED STATES DEVABrfsdrr OF CO.Y Ecrvwmms pond Sratarmcm AtlminifYfYpn harm rmrserrellWe iernis .S. Ca Bure D rnw ligr Me•mmt dlurme oh amMnrniand Me lnerbleamesents" tknk harm rmrserrellWe iernis ligr Me•mmt dlurme oh amMnrniand Me tr mm rruskaober: ant hand commumrr and tiara ru rock, for L'sMWbe ant, ro, [IVkegagemeen re lsmild=rya tiamsare XeaMmrores cobersof im ® cMSrmet� mot tilto Me oni municaantlmana o Cemusn,rammucen. in[ chair rg[ammunl[vtlonswlM Mill membelx almostnrresow<CS. umeuy, . ham Me l «>1 ;wrong.. pow.tM pmnee government pishme [lark ... knowledge of knowleaeeof Me population. maremorea am Homeenumenlp posy tlon ;antlMrhatima 6 asom 'nnsmutlmmrc[urmmum. common; fel, [naiknres tar fetal OttWser,mrmImm.he Then rmWim Wlma to m frommoers, m atmm or the entire pop .. more me u.s population by 2020 . institutions it [hall, imports Na matter Me housing to It— an eso.. mu.. ".so.. 1, Mal for an In the, 2020(sam bl Cenme, a m'-to the count wes 2 Wags for at 22 morn ammne the cons at eheftere, nervy m Me unned sutes ..gaol I...=', map preen aeiaahk others aM morale hod van population distributed tbo�ho. the 50 dGms. One of he unous Cbllen tee For mNmry personnel Is r a Census enumerator is can praMM leadership sM e rerlmq hoods, units rcelleMaarukMg wmren P.. assists household area, nrrlbh. United Statesto Census Bureau WHAT Census Address List Improvement Act of 1994 (PL 103 -430) was enacted in October 1994. It authorized the Census Bureau to share its address list with governments who sign the confidentially agreement. • LUCA 2000 (first) • LUCA 2010 (second) • LUCA 2020 (third) Once per decade opportunity for tribal, state and local governments to review and comment on the Census Bureau's Master Address list. 'SOH The census relies on an accurate address list to conduct the decennial census. Our mission is to count each person living in the United States. Count then once, and count them in the right place. Population counts gathered through the decennial Census are the official population counts used throughout the upcoming decade (i.e. until 2030). • Congressional Districts • Voting Districts • School Districts • State Legislative Districts WHO All Functioning, recognized Governmental Units • Federally Recognized Tribes with a reservation and /or off reservation trust lands • States • Counties • Incorporated Places (cities, towns, boroughs, villages) • Townships (Minor Civil Divisions) WHEN • January 2017 — Advance Notice Letters Mailed • July 2017 — Invitation Letters Mail Out • Oct 2017 — Jan 2017 — Technical Workshops • Dec 15, 2017 — Last Day to Register for LUCA 2020 • February 2017 — Program Materials ship to participants • Sept 2018 — LUCA Feedback to Participants HOW • Geographic Update Partnership Software (GUYS) • Digital (commercial GIS) • Paper (for jurisdiction with <600o addresses) The Census at a Glance 11 The U.S. Constitution requires that each decade we take a count —or a census —of America's population. The 2020 Census goal is to count everyone once, only once, and in the right place. The census provides vital information for you and your community. • It determines how many representatives each state gets in Conga • Communities rely on census statistics to plan for a variety of resic needs including new roads, schools, and emergency services. • Businesses use census data to help provide more local jobs and pi to shop. Each year, the federal government distributes hundreds of billions of lars to states and communities based on U.S. Census Bureau data. In 2020, we will introduce new technology to make it easier than eve to respond to the census. For the first time, you will be able to respo online, by phone, or by mall. We will use data that the public has aln provided to cut down on household visits. And, we are building a me accurate address list and automating our field operations —all while keeping your information confidential and safe. The Census Bureau is the leading source of statistical information about the nation's people. We provide snapshots on population size and growth and detailed portraits of our changing communities. United States` U.S. Department of Commerce Census Economics and Statistics Administration U.S. CENSUS BUREAU 8uroeu census.gov August 2017 Become a 2020 Census Partner Your partnership sends a strong message to your community about the importance of the census and the benefits of being counted. By partnering with the Census Bureau, you can help: > Assure people that it is important —and safe —to respond to the census. > Ensure accurate census data, which guide funding decisions for your community and affect your community's representation in Congress. > Spread the word about temporary census jobs in your community. Get Involved: What Can You Do Now? > Create or Join a Complete Count Committee and partner with other trusted voices and influential leaders in your area who are committed to increasing census participation. Encourage your peers to get involved too. > Raise awareness by including census information in newsletters, social media posts, podcasts, mailings, and on Web sites. > Help recruit census workers when jobs become available. You can make a difference As an Influential community, business, or organization leader, you can raise awareness and encourage participation. 2017 Local Update of Census Addresses — invitations sent to local governments for completion in 2018 Publish final 2020 residence criteria and situations 2018 Question wording to Congress — March 31, 2018 2018 End -to -End Census Test Regional Census Centers opening 2019 Opening Field Offices Complete Count Committees established 2020 Advertising — begins in early 2020 Begin self response Census Day —April 1, 2020 Nonresponse Followup- early ApriHate July Apportionment counts to the President — December 31, 2020 2021 Redistricting counts to the States —March 31, 2021 Issued August 201 Form D -3234 (E) CENSUS PARTNERS The 2020 Census The 2020 Census: A New Design for the 2161 Century Motivate People to Respond COntlYMa narnanship M.p.,gh atlOne and partnersMp campmgn 1 •.anAein.il ard'. mFp..i lip Terge! ails ro cperh rxserce� Establish Where to Count ,' ,meanly as aduressos where .t People could live WELD uIJ °FICE CaMCt a /gg%revievv saW µ•ye Man s eCbass eel M. a Mu+cn wah rofte vpamow 'J9e wag nth css ch to QEtr. areas ,wn aavess cnages Gm w-.7o� l 'tax r.RY United States tn:e .al V <. De;nt fiCoRtntene Census Bueesv V.Cai1Na,, IXRS !JJ J TELEPHONE NONRESPONSE Count the Population AND PAPER SELF- FOLLOWUP RESPONSE Collectd,,ta them all households, including group and unique living ana igemeab a<NMtpe . r. Map* ' -./ige p(ie 10 USe Y.n nFx nnYr pe lSPQ oal. INTERNET SELF- RESPONSE Lhiek'stcoV44ecuve !mategsm C .M r un1 noreespargrM6 - ode on do✓s oar, aeon'xcesse y6e�1 ._� � _�.Si'J► °arYne o -aela remas� -w -.; Release Census Results Process and Pmvhla census Data i� What we ask about... Employment The ACS asks whether respondents are employed, unemployed, and out of the labor force. It also asks about weeks and hours worked and about industry and occupation. [duration The ACS asks about school enrollment, gathering information an America's students from nursery school to graduate school and on whether they are in a private or public school. It also asks about educational attainment —did the respondent earn a high school diploma or the equivalent, a bachelor's degree, or higher] Veterans The ACS asks about a person's military service, where veterans are moving throughout the country , their ages, and their VA service connected disability rating status to understand veterans needs at the community level. Though the Department of Veterans Affairs (VA) maintains veterans' records, the ACS provides additional statistics about all veterans, regardless of whether they utilize VA services. Income and Housing Costs The ACS asks several questions about the money you receive from various sources and your regular living expenses such as rents, mortgages, taxes, and utilities. How your responses help... levels better understand unemployment A and the availability of workers, plan employment programs and services, and develop programs to boost mployment. Communities learn which occupations and industries are growing in their areas and businesses can find locations with the workforce they need These statistics help communities to measure how well educational resources are serving their populations, measure changes in education over time, evaluate the educational attainment of the workforce, and Identify the educational and training needs of adults. This Information also helps communities to bridge gaps between the educational attainment of potential workers and the educational requirements of potential employers. These statistics about" communities plan for nursing homes, plan an and improve the home loo program. They also benefit looking to hire or serve vet The statistics that result from these questions help gauge the need for economl and housing assistance. How many people live in poverty, what are their characteristics— the ACS is the only source of these data at the community level. Income and poverty estimates factor Into funding requests that address need. When combined who Income, selected monthly owner costs provide an excellent measure of affordability and t�l The American Community Survey (ACS) provides vital information on a Your Answers, yearly basis about our nation and its people. Through the ACS, we know more about jobs and occupations, educational attainment, veterans, whethi people own or rent their home, and other topics. Public officials, planners, Your Future and entrepreneurs use this information to assess the past and plan the future. When you respond to the ACS, you are doing your part to help your community plan hospitals and schools, support school lunch programs, improve emergency services, build bridges, and inform businesses looking''. to add jobs and expand to new markets, and more. The ACS cons' - 72 questions pertaining to the topics shown below. What we ask about... Employment The ACS asks whether respondents are employed, unemployed, and out of the labor force. It also asks about weeks and hours worked and about industry and occupation. [duration The ACS asks about school enrollment, gathering information an America's students from nursery school to graduate school and on whether they are in a private or public school. It also asks about educational attainment —did the respondent earn a high school diploma or the equivalent, a bachelor's degree, or higher] Veterans The ACS asks about a person's military service, where veterans are moving throughout the country , their ages, and their VA service connected disability rating status to understand veterans needs at the community level. Though the Department of Veterans Affairs (VA) maintains veterans' records, the ACS provides additional statistics about all veterans, regardless of whether they utilize VA services. Income and Housing Costs The ACS asks several questions about the money you receive from various sources and your regular living expenses such as rents, mortgages, taxes, and utilities. How your responses help... levels better understand unemployment A and the availability of workers, plan employment programs and services, and develop programs to boost mployment. Communities learn which occupations and industries are growing in their areas and businesses can find locations with the workforce they need These statistics help communities to measure how well educational resources are serving their populations, measure changes in education over time, evaluate the educational attainment of the workforce, and Identify the educational and training needs of adults. This Information also helps communities to bridge gaps between the educational attainment of potential workers and the educational requirements of potential employers. These statistics about" communities plan for nursing homes, plan an and improve the home loo program. They also benefit looking to hire or serve vet The statistics that result from these questions help gauge the need for economl and housing assistance. How many people live in poverty, what are their characteristics— the ACS is the only source of these data at the community level. Income and poverty estimates factor Into funding requests that address need. When combined who Income, selected monthly owner costs provide an excellent measure of affordability and t�l 0 Commuting The ACS asks about your daily precise information about your commute —where you go, how you commuting patterns is crucial to get there, what time you leave for planning improvements to roads and work, and how long it takes— highways, developing transportation to understand where people are and services, and creating emergency traveling during a normal day response strategies. Disability and Health Insurance %/ The ACS asks about a person's Communities use these statistics to difficulty with specific dally living plan services such as transportation, tasks: Do you have difficulty seeing or employment programs, and public service hearing? Do you have difficulty accessibility for people with disabilities. walking or climbing stairs or In Businesses that serve this population may dressing or bathing7 also seek areas that have a high demand for their services. X The ACS also asks whether people From these statistics, we learn which groups " have health insurance, Including type are at risk of experlencing limited health care of health insurance for those who access, poor health, and poor health outcomes, have health coverage plans. Housing Characteristics The ACS asks questions about Through your ACS responses, we learn plumbing, kitchen facilities, and about communities eligible for housing other housing features to help assistance, rehabilitation loans, and other identify areas with substandard programs that help people afford decent, housing. safe, and sanitary housing. Questions about the size and age of Your responses help communities plan housing also Flag local problems like solutions. In places where disaster overcrowding, health hazards, and strikes, these data are vital In planning congestlon. recovery. Owners and Renters taglIMdoll The ACS as about whether you own rent your home, and the ® amount of monthly rent how much the home and property are nh. People and Relationships The ACS asks respondents about their age, sex, race, Hispanic origin, and oI their relationship to others in the household. These statistics are used to analyze whether housing is affordable, protect owners and renters, and allocate and fund assistance programs. Governments use these statistics to understand changes in local housing markets, monitor affordability, qualify for assistance, and reduce the tax revenue losses from vacant or abandoned properties. Businesses use these data to design and market homes, and home goods. This information, along with other statistics, is used to monitor well being, discrimination, and economic hardship. Federal agencies use this information to administer programs providing funds and services for groups such as single parents, low income families, older people living alone, etc. Businesses use these estimates to evaluate local market demand for products and services. 7_ : / 1111 1 11 11 Low Response Score for Roanoke city s Miti VIRGINIA - 2010 Census Results Percent Change in Population by County: 2000 to 2010 Independent Cities" Percent Change for State: 13.0% 4 alarms equivalan 1 Alexandria 21 Mane., 2 Mdtad 11 Manassas Park 3 M.1 23 Martins ille Cc 4 Poena ViM 24 Newport News 5 Oadottesvllle 25 Norfolk 6 geapeake 26 Narton 1 Colonial Heighb 21 Petersburg 4 3 0 Cwington a Poquoson 9 Oanvllle M Ponsmquth 10 Empona 30 Had xd 11 Fairfax 31 Wch.nd 12 Fall, Ch.r& 32 Pnamke ll v Nelson 13 Franklin 33 Salem a'o 14 Frcdencgbuy 34 6teunWn 15 Galax 35 Su lk Anella 16 Hampton 36 M,Inla beach Percent Change v Harrlmnbu, 31 Waynesboro n 16 HopewNl 3e Wllllamslwr9 84.1 19 Lexingron 39 Wlncbester 20.0 to 44.9 20 Lynchburg Charil ex 1y- 0.0 In 19.9 5 Fanklin -5.0 to -0.1 -13.4 w -5.1 W..w, Percent Change for State: 13.0% 4 alarms equivalan United States' Census mu Tr Cc Augusu N 4 3 rC O wckbxnga ll v Nelson Nzrwyer a'o Beecham AUnh. Buckingham 31 Pte mare Anella o pgwe+ &Wad Campbell Wine Edw rd N. n 19 T14A an Ybenake (go C Charil ex j oimviddie 5 Fanklin W..w, %. PMrylvanla qx °o wlHar 10 - Mecklenburg [ wn.- �0, t3\ United States' Census mu How Local Governments can Collaborate with the US Census Bureau 9/t/2016 The 2020 Census of the nation is right around the corner. In previous censuses, local governments partnered with the Census Bureau to support the decennial effort in their area. Here are some activities that were helpful in the past and may be repeated for the 2020 Census TECHNICAL SUPPORT Participate in the Local Update of Census Address Program (address list sharing I Provide updated CIS and address files to the Census Bureau Work with your regional planners to review and update census tracts and block groups in your municipality Be sure your municipality responds to the annual Boundary and Annexation Survey (BAS) OPERATIONAL SUPPORT Provide space that can be used for testing, on- boarding, training Provide lists of residential institutions Provide lists of shelters, service providers, and transient locations Promote temporary job opportunities PROMOTIONAL SUPPORT Form a Complete Count Committee. (elected officials, community groups, faith based, social service, health, business, etc.) - Encourage census participation in newsletters, on websites, alerts systems, drop -in articles Utilize the Statistics in Schools program in your school district - Put links to the American Community Survey (ACS) and decennial Census on local websites Encourage residents to participate in the "Other 9 Years' of on -going census surveys Invite Census participation at community events, festivals, neighborhood association meetings, etc. Include Census presentations, trainings, and exhibits at upcoming conferences Conduct Press Conferences. / news events Participate in the Census challenge with your neighbors Issue Proclamation of support for the decennial census DATA USER SUPPORT Host data workshops and presentations on how to access census data (conducted by Census staff at no cost) for business, educators, elected officials, social service, grant writers, librarians, etc. For more information, visit www.census.aov United States" Bureau MUNICIPAL COMPLETE COUNT COMMITTEE A Municipal Complete Count Committee is a mutually beneficial partnership — at the highest level— within each city. The mayor often appoints members of the Complete Count Committee (CCC). Committees consist of influential community leaders who are charged with developing a census awareness campaign that: Communicates the importance of the census through local messaging. Raises awareness of the census throughout the city. Motivates every household in the city to participate in the census by completing the questionnaire thoroughly and in a timely manner. Increases the city's self- response rate. The size of the Complete Count Committee is determined by each city. In addition, mayors and city councils may allocate funding to support the activities of the CCC. Cities view this funding as a sound investment in the future. Failure to count resi- dents could result in a substantial loss of revenue for the next decade. Council Members from Priority Target Areas Heads of Relevant Government Agencies k and Departments Heads o f Large Unlver UnNersitles/ Colleges Deputy Executive Headsof *Portnershin to Municipal Cvisorand Director Director Business Associations Census liaison to Municipal CCC's United States" U& Ow" Census W°smnB°"'�30001 � Bureau q+� F FUca omiu �M etDeEPAMEM OF COMMERCE U MUNICIPAL COMPLETE COUNT COMMITTEE EDUCATION M* PROMOTION M* MOTIVATION /ACTION EDUCATION PHASE January 2018— September2019 The education phase is often referred to as the "Raising Census Awareness" phase. The message to each community member is that the census is a civic activity that affects people of all ages, races, cultures, and ethnichies. This is the period to strongly em- phasize the many uses of census data and highlight specific local examples of how census data benefits a community. PROMOTION PHASE April 2019 — January 2020 The promotion phase of the 2020 Census officially starts on April 1, 2019, a year out from Census Day. This phase overlaps with the education phase. The theme of this phase is "The 2020 Census is Coming." During this period, CCCs implement activities through their government, faith -and community-based organization, business, media, and recruitment partners. An effective strategy guarantees that community residents will encounter census messages during times of work, play, leisure, school, and worship. MOTIVATION/ ACTION PHASE February 2020 —June 2020 The motivation /action phase starts in February 2020, intensifies in March 2020, and reaches its peak on Census Day —April 1st, 2020. The theme of this phase is "Be Counted for Your Community" and the focus is to motivate each household to take ownership of the census and make a conscious decision to participate. The non - response follow -up operation will be the focus toward the end of this phase, and the message to the community will change, encouraging households to "Cooperate with Census Takers". United States - �, -*j U. -.d OI�ARiMEM a COMMERCE Census Ecawmics erM Bte4 W ee AbMni.Vetia� p vv... rn BUmau ,,,,e,J ww.m�.xznaanaxn - Bureau The 2020 Census Local Update of Census Addresses Operation (LUCA) What is LUCA? LUCA is the only opportunity offered to tribal, state, and local governments to review and comment on the U.S. Census Bureau's residential address list for their jurisdiction prior to the 2020 Census. The Census Bureau relies on a complete and accurate address list to reach every living quarters and associated population for inclusion in the census. Why participate in LUCA? • To help ensure an accurate decennial census count in your community. • To help the federal government distribute more than $400 billion in funds annually for infrastructure, programs, and services. • To help your community plan for future needs. Who can participate in LUCA? Active, functioning, legal governments can participate in LUCA. These include: • Federally recognized tribes with a reservation and /or off- reservation trust lands. • States. • Counties. • Cities (incorporated places). • Townships (minor civil divisions). If you are unable to participate in LUCA, you may designate an alter- nate reviewer for your government, such as your county, state data center, or regional planning agency. United States" I U.S. Department of Commerce C°nus Economics and Statistics Administration �i s U.S. CENSUS BUREAU Bureau csnsus.gov Vill Schedule • January 2017: Advance notification of LUCA mailed to the highest elected official (HEO) or Tribal Chairperson (TC) of all eligible governments and other LUCA contacts. • March 2017: LUCA promotional workshops begin. • July 2017: Invitation letter and registration forms mailed to the HEO or TC of all eligible governments. • October 2017: Training workshops begin. Self- training aids and Webinars will be available online at the LUCA Web site. • February 2018: Participation materials mailed to registered participants. Participants have 120 calendar days from the receipt of materials to complete their review. • August 2019: Feedback materials offered to participants with the results of Address Canvassing. • April 1, 2020: Census Day. For more information about LUCA, call 1 -844- 344 -0169, e-mail us at <GEO.2020.LUCA @census.gov >, or visit our Web site at <www.census.gov /geo /partnerships/luca. html>. LUCA Materials The Geographic Update Partnership Software (GUPS) is new for LUCA. The GUPS is a self- contained Geographic Information System (GIS) update and processing package. In addition to the software, you will receive the Census Bureau's address list, address count list by census block, and Topologi- cally Integrated Geographic • Encoding and Referencing (TIGER) partnership shape- files. The Census Bureau offers its address list in digital or paper formats. The digital format requires the use of spread- sheet or database software. The paper format is available only to govern- ments with 6,000 or fewer addresses. Maps are offered in digital (TIGER partnership shapefiles that require GIS software) or paper (large format maps are 42 X 36 inches and include a DVD of small format [8.5 X 14 inches] block maps in Adobe PDF) formats. The Census Bureau offers in- person training using LUCA materials. Self- training aids and Webinars are available online at the LUCA Web site. What's new for LUCA? • Pre -LUCA activities provide more opportunities to submit address information and receive feedback through the continuous Geographic Support System (GSS) Program. • Streamlined participation through the Full Address List Review provides the opportunity to review and update the Census Bureau's address list. • The Census Bureau's digital address list is available in new, convenient standard software formats. • Comprehensive data that includes ungeocoded address and residential structure coordinates. Version 3, 121612016 Preparing for LUCA You will receive only the addresses within your jurisdiction's boundaries that are currently on file with the Census Bureau. By participating in the 2017 Boundary and Annexation Survey (BAS), you have the oppor- tunity to verify or update your jurisdiction's boundaries. Doing this will ensure that you receive the complete list of addresses for your jurisdiction in LUCA. To prepare your address list before you receive your LUCA materials: • Ensure that your address list contains multiunit structure identifiers (such as apartment numbers for individual units) and that you can distinguish between residential addresses and nonresidential addresses. • Identify local address sources, such as building permits, E -911 address files, local utility records, annexation records, and assessment or taxation files. • Visit the LUCA Web site or plan to attend a LUCA promotional workshop to get more information about participating in the program. Connect With Us ©F� rte©® CITY OF ROANOKE _. CITY COUNCIL - 215 Church Avenue, S. W. Noel C. Taylor Municipal Building, Suite 456 \ L l VRarr�?� Roanoke. Virginia 24011 -1536 Telephone: (540) 853 -2541 SHERMAN P. LEA, SR. Fax (540) 853 -1145 Mayor Fund: clerk(croanokeva.gov February 20, 2018 The Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Vice -Mayor Price and Members of Council: Council Members William D. Bestpitch Michelle L. Dykstra Raphael E. "Ray" Ferris John A. Garland Anita J, Price David B. Trickle We jointly sponsor a request of Peter Wonson to share information with regard to aspirations of the late Tom M. Cain, at the regular meeting of City Council to be held on Tuesday, February 20, 2018, at 2:00 p.m. Sincerely, ��a, P 4 :5�. Sherman P. Lea, Sr. Mayor William D. Bestpitch Council Member SPLIWDB:ctw TO: Sherman Lea, Anita Priicc , Bill Bestpitch, Michelle Dykstra, Ray Ferris, John Garland, Dave Trinkle FROM: Peter Wonson I' f I,, I know that Tom Cain spoke to each of you at length, probably more than once, about his dreams for Roanoke, and I have no doubt you each received dozens or hundreds of email on the same topic. Tom relayed to me, and I have no reason to doubt him, that all of you were supportive of his vision; I have seen that support first- hand from several of you on more than one occasion. When Tom was alive, as Bill knows, and perhaps others of you also, he at times expressed frustration thatthe City wasn't doing "enough" in regard to providing leadership and financial support for his ideas. As Bill also knows, I thought Tom was off base with those opinions, and I told Tom so. Personally I thought that Chris Morrill, in particular, and others in City government expended a lot of time and effort in working with us and attending One Valley meetings. At the same time, Carroll Carter and 1 did not and do not believe the City has the obligation to provide the direct leadership and funding that Tom thought it should. I am including below excerpts from my remarks at Tom's memorial service on July 23, not because they are brilliant wordsmithing, but because what I intended as my central point was echoed by a dozen speakers that day. What I most want you to know is that many, many people in the Valley are committed to seeing Tom's dreams come to fruition. In fact, via the Northwest Neighborhood Environmental Organization and a transition steering committee of the Carver Center, we have begun work on three aspects of his vision. What I also want you to know — and here I speak only for myself, though I believe that others feel as I do — is that those of us who have begun Tom's work do not expect Roanoke City to provide specific leadership for these projects, nor provide funding. What I and others do expect going forward is that Council and the City Manager will allocate time for meeting with us and talking through issues that may arise; that you will offer advice, analysis and assistance where you see the need or when we ask; and that you will be advocates for these various projects, which we firmly believe will improve the quality of life for all of Roanoke City s and the Valley's citizens, and hasten the day when Roanoke can truly call itself a modern, post - racial Southern city. '....However, more important to me than the context of friendship, isthe question of how one pays tribute to someone who has inspired him. And I'm speaking not only about Tom but also about my friend Carroll Carter. From the moment I walked into the first Community Conversation in the basement of St. Paul United Methodist church in September of 2013, a part of me was transformed. Something was happening in that room which 1 could not parse. As I returned to meeting upon meeting, 1 realized the word "extraordinary" applied to the work that Tom and Carroll, and those of who were privileged to walk a step or two behind them, were setting out to accomplish. Again, how do I pay tribute? I did not forsake all my worldly goods and go out to preach the gospel of Tom Cain and Carroll Carter with great fervor every day. But I do preach that gospel...and I do believe that gospel... and I believe in their powerful vision of a truly united "One Valley." For my part, I will do all I can not to let that vision die. "And I ask you in closing, how do we as a community, how do we as a city, pay tribute to and honor the life of a man who I know inspired many people? By pledging that we will not let his vision and Carroll's vision die. Whether it's the daylighting of Cedar Run; whether it's the community garden project in Northwest Roanoke; whether it's the ongoing dialogue between people in this Valley who never spoke with each other before Tom and Carroll began to persist with the critical question — WHY NOT whether it is the incipient development of the George Washington Carver Environmental Education Center; we as a community can take a vow, that we will not let the dream die." Page I of 2 # #SPAM## Thank You pwonson s to: Anita Price, Bill Bestpitch, David Trinkle, John Garland, Michelle Dykstra, Ray Ferris, Sherman Lea 02/20/2018 06:26 PM Hide Details From: pwonson @cox.net Sort List... To: Anita Price <amtajamesprice@gmaiI.com >, Bill Bestpitch <Bill.Bcstpitch @roanokeva.gov >, David'Prinkle <david.trinkle@roanokcva.gov >, John Garland <john.garland @roanokeva.gov >, Michelle Dykstra < michelle .dykstra @roanokeva.gov >, Ray Ferris <ray.fems @roanokeva.gov >, Sherman Lea <mayor @roanokeva.gov >, Please respond to pwonson @cox.net Ladies and Gentlemen, First of all, thank you for allowing us to present remarks to Council today, and thank you for being so attentive to what we had to say. If any of you have questions about the handout I left regarding the seven components of Tom Cain's and Carroll Carter's "One Valley" vision, please do not hesitate to be in touch with me. I'd like to reply to Dave's question /comment about partnerships, which was absolutely right on the money. Tom, Carroll and others of us have spent five years building partnerships with local businesses, other non - profits, Roanoke City government (in the person of Council members and former City Manager Chris Morrill), and Virginia Tech University, and we continue to look for other relationships and connections. In an area like the Roanoke Valley, a fledgling organization such as ours can accomplish so much more by partnering with other organizations and businesses. A partial, but still lengthy, list of those relationships: NNEO, Apple Ridge Farm, Healthy Roanoke Valley, Virginia Tech University (several departments), Coca Cola, United Way of the Roanoke Valley, the Roanoke Branch NAACP, the Roanoke Chapter of the SCLC, the Lick Run Watershed Association, Carillon, Roanoke City Schools, North Cross School, Roanoke Catholic School, Focus Radio, the Gainsboro YMCA, Virginia Foundation for Healthy Youth, New Horizons Healthcare, Western Virginia Workforce Development Board, Roanoke Redevelopment and Housing Authority, Restorations Specialists, and Square One Contracting. Finally, here is some additional and more specific information about the George Washington Carver Environmental Education Center, which is the crown jewel of our current projects and about which we are very excited. The Carver Center will be the first independent educational entity in Northwest Roanoke file: / / /C:/ Users /CKSMI /AppData/ Local /Temp /notesC7A056 /— web0557.htm 2/21/2018 Pagc 2 of 2 designed to attract and teach students and adults from every part of the Roanoke Valley. It will contain a science lab and classrooms to deliver environmental and healthy living education for students K -12 as well as for adults. It will include a working and teaching kitchen to provide education, training and career opportunities as well as locally grown food for a potential restaurant and market on the grounds of the Center. I will house two "anchor" tenants, offering additional employment in the community. And it will host programs, speakers and seminars designed to inspire African - American and other students to follow career paths into "green collar' and environmental work, fields that are growing rapidly in our country but are very under - represented by people of color. Again, Carroll Carter, John Lewis and I appreciate the opportunity to speak with you this afternoon. Peter file: ///C:/ Users /CKSMI /AppData/Local /Temp /notesC7A056 /— web0557.htm 2/21/2018 c?pm (3ne�,r8 � I PARKS AND RECREATION „T. 2018 MASTER PLAN February 20, 2018 Purpose CAPRA • Commission for Accreditation of Park and Recreation Agencies — "The agency shall have a comprehensive park and recreation system plan that provides for provision of facilities, programs, and services; parkland acquisition and development; maintenance and operations; and administration and management. The plan shall be officially adopted by the policy- making body, updated periodically and linked with a capital improvement budget and a phased development program. The system master plan shall implement policies adopted in the comprehensive plan for the jurisdiction. Interested and affected agencies, organizations, and groups shall be engaged in the planning process. " Roanoke's History of Previous Master Plans 1928 lfY ol`it 2000 Comprehensive Parks & Recreation Master Plan 1941 2007 1981 CanIXBxans:va VadsB Penealon %an 2013 ____ N..k.%arkaaMR .t Process (through January 2019): A. FACILITY AND PROGRAM ANALYSIS B. PUBLIC INPUT C. TRENDS ANALYSIS D. STRATEGIC PLAN DEVELOPMENT E. SUMMARY OF FINDINGS AND ADOPTION CAPRA . UfPiDIR_ � C.APM A. FACILITY AND PROGRAM ANALYSIS ''-` • FACILITY AUDITS FOR EACH PARK, TRAIL, AND CENTER • IDENTIFY FACILITY STRENGTHS, CHALLENGES, AND OPPORTUNITIES REVIEW AND DEVELOP PARK CLASSIFICATION AND LEVEL OF SERVICE STANDARDS FOR EACH FACILITY TYPE CREATE PLANNING AND DEVELOPMENT PROCESSES FOR A COHESIVE, EQUITABLE, AND SUSTAINABLE SYSTEM UPDATE AND IMPROVE GIS MAPPING • RECREATION PROGRAM ASSESSMENT GAP ASSESSMENT AND PARTNERSHIP EVALUATION • RANK AND PRIORITIZE DEMAND AND OPPORTUNITY • CAPITAL IMPROVEMENT PLAN CaP A B. PUBLIC INPUT 71- KEY LEADERSHIP AND FOCUS GROUP INTERVIEWS PUBLIC OPEN HOUSES • ELECTRONIC SURVEY STATISTICALLY VALID SURVEY CROWD- SOURCING WEBS ITE REAL -TIME FEEDBACK APP CaPM '. C. TRENDS ANALYSIS a« • GIS DEMOGRAPHIC MARKET ANALYSIS • DEVELOP EQUITY MAPPING FOR SERVICE AREAANALYSIS • FORECAST FUTURE TRENDS • BENCHMARK AGAINST PEER ORGANIZATIONS D. STRATEGIC PLAN DEVELOPMENT CA RA ur umnm • BUSINESS PLANNING • REVIEW ORGANIZATIONAL DESIGN AND STAFFING LEVELS • ACTIVITY BASED COSTING • POLICYAND PROCEDURES MANAGEMENT • SERVICE LEVELS • WORKLOAD ANALYSIS • STAFFING UTILIZATION • CAPACITY MANAGEMENT • ACCESS WORKFLOW EFFICIENCIES • CODE AND POLICY REVIEW ANALYSIS • FUNDING AND REVENUE STRATEGIES • FEES AND CHARGES ASSESSMENT • SPONSORSHIPS OF EVENTS, PROGRAMS, AND FACILITIES • DEDICATED FUNDING SOURCES • EARNED INCOME OPTIONS TO SUPPORT OPERATIONS E. SUMMARY OF FINDINGS AND ADOPTION CAPRA M* • CONFIRM MISSION, VISION, AND OBJECTIVES • REVIEW OF DRAFT BUSINESS PLAN • PRESENTATION OF FINDINGS AND DRAFT MASTER PLAN REVIEW • FINAL PLAN ADOPTION AND COMPREHENSIVE PLAN INCLUSION s W - ,raa rt aw•.s c.a vry.�.., y � c ,' n-...1 v" v:I1 i lk mv,. im.m T\IY �1 a r \ r> a � • rA�>IWlv:� =• 1 .•�4�4 •i M V P . >� r r� l�� e.: MP CONSERVATION • GREENWAYS • PARKS • RECREATION • TRAILS • HEALTH a 1971 —The City of Roanoke asks Mill Mountain Garden Club to develop a 2 '/z acre garden atop Mill Mountain with the stipulation that it would remain a public park 1975 — Initial irrigation and landscaping was completed by the City of Roanoke 1977 — Garden club members persevere through poison ivy, hurricanes, forest fires and drought to complete the initial phase of the Wildflower garden 1978 — Mill Mountain Garden Club wins prestigious Founders Fund Award from Garden Club of America. Award enables the completion of plans for planting and construction of a pond & stone columns at the entrance 1988 — Mill Mountain Garden Club wins Common Wealth Award from Garden Club of Virginia. 2010 — Mill Mountain Garden Club partners with the City of Roanoke to plant five American Chestnut trees on Mill Mountain 2011 — Mill Mountain Garden Club raises funds and builds a stone amphitheater which serves as a working classroom in the wildflower garden of the affir :Mountain Nirgfnia, r�._ "with yatt y time anthusiatm." OVER 80,000 CLUB MEMBER HOURS OF WORK HAVE CULTIVATED, NURTUREDAND EXPANDEDTHIS CROWN JEWEL ON MILL MOUNTAIN �L � �W ��+ • � of l: f A y:x Y q 4 - AL S F _ 1.' 71.1 :s vr :ry e 4 WHO HELPS US MAINTAIN THE GARDEN? CIVIC ORGANIZATIONS AND SCHOOL GROUPS M 4':: a� M 4':: An improved and welcoming A re -built and improved An improved handicapped and stroller accessible from the garden entrance to Mill Mountain Zoo Improved and appropriate with native plantings GARDEN ENTRANCE C70ST ESTIMATE: $12,000 - $18,000 -7" 7; EkA ve POND COST ESTIMATE: $20,000 - $57,000 y � WA 1 v H[b^iyy- f Y � Yjr' I wt mt�l Total Project Cost estimate $57,000 - $112,000 Funding Project: Mill Mountain Garden Club understands it must raise the money necessary to fund the proposed projects. The club has already committed $10,000 as "seed money" to the project. The projects will not be started until there are enough funds available for the identified improvements The outcome will be a lovely gift to the Roanoke community and a lasting legacy for generations to come (-C IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of February, 2018. No. 41057- 022018. AN ORDINANCE providing for the acquisition of real property rights needed by the City in connection with the proposed Fire Station No. 7 Project ( "Project'); authorizing City staff to acquire such property rights by negotiation for the City; authorizing the City Manager to execute appropriate acquisition documents; and dispensing with the second reading of this Ordinance by title. WHEREAS, by Ordinance No. 40823 - 051517, adopted May 15, 2017, City Council, as part of the FY2018 Capital Improvement Program, appropriated $375,000 towards the replacement of the Project on Memorial Avenue, S.W., Roanoke, Virginia, with an additional appropriation of $5,025,000 planned under the FY2019 Capital Improvement Program, as set forth in the City Council Agenda Report dated February 20, 2018 (the "Agenda Report'). NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: I. The City wants and needs certain real property rights, in fee simple, and such other real property interests as needed, as set forth in the City Council Agenda Report dated February 20, 2018, for the Project, on Denniston Avenue, S.W., Roanoke, Virginia and surrounding streets. The proper City officials and City staff are hereby authorized to acquire by negotiation for the City the necessary real property right interests and appropriate ancillary rights with respect to the real property parcel referred to in the above mentioned City Council Agenda Report, and any other real property interests needed for the Project. All requisite documents shall be approved as to form by the City Attorney. 2. The City Manager is further authorized to execute appropriate acquisition documents for the above mentioned parcel for such consideration as deemed appropriate for the necessary interest, provided, however, the total consideration offered or expended, including costs, title search fees, appraisal costs, recordation fees, and other related costs shall not exceed the funds available in the Project's account for such purposes, without further authorization of Council. Upon the acceptance of any offer and upon delivery to the City of appropriate acquisition documents, approved as to form by the City Attorney, the Director of Finance is authorized to pay the respective consideration to the owner of the real property right interest conveyed, certified by the City Attorney to be entitled to the same. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: �n. kA�/ City Clerk. O- Author; s ecquls of,,, rights- RCplau..( orFirc Station N. ] P jut (2.20.18) 2 0 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: February 20, 2018 Subject: Acquisition of Real Property in Fee Simple for Fire Station No. 7 Project Background: As part of the FY2018 -2022 Capital Improvement Program, City Council appropriated $375,000 towards the proposed Fire Station No. 7 project on Memorial Avenue, S.W., with an additional appropriation of $5,025,000 planned in FY 2019. The proposed Fire Station No. 7 project includes the construction of a station that would provide approximately 14,600 square feet of space to be built at the existing location. The proposal calls for Our Street to be widened and Denniston Avenue to be closed, thus allowing sufficient area to construct the new facility. With additional property, on -site parking for staff and visitors could be accommodated. In order to construct on -site parking for the proposed new facility, the city will need to acquire real property, in fee simple, from Village Green LLC. Considerations: City Council action is necessary to authorize the acquisition of real property as outlined below for the Fire Station No. 7 project. Funding for acquisition of the real property is included in the current Capital Improvement Program. Tax Map Required Parcel Address Owner property Number Official Tax Map Number 1330606 0 Denniston Avenue, SW Village Green LLC Fee Simple Recommended Action: Authorize the acquisition of property, in fee simple, needed in conjunction with the proposed Fire Station No. 7 project by negotiation and execution of the appropriate acquisition documents by the City Manager, such documents to be approved as to form by the City Attorney. Robert . Cowell, Jr. City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Amelia C. Merchant, Director of Finance Chief David Hoback, Fire / EMS Robert K. Bengtson, P.E., Director of Public Works Luke E. Pugh, P.E., City Engineer Cassandra L. Turner, Economic Development Specialist Hello and Good Afternoon Honorable Mayor Lea Honorable City Councilmembers City Manager, Staff and Neighbors My name is Tim Parry I reside at 2509 Barham Rd. S.W. I come today as a Roanoke Fire /EMS firefighter of 27 years I retired 3 years ago from the fire department but have remained very actively involved as Union President of the IAFF Local 1132 Professional firefighters of Roanoke City. But I also come to you today as a neighbor and resident of Station 7 territory. I have lived within 2 miles of the firehouse my entire life. As a young boy I have fond memories of playing near the fire house and watching the fire trucks come and go and buying candy from the firehouse store. My parents moved me from Memorial to Fareham Road one block past Woodrow Wilson Middle school. As a young married couple our first apartment was on Maiden Lane. My wife and I then bought and restored an old house on Barham Road in the Patrick Henry High school neighborhood. We raised our three children in this home and are now enjoying playing with our four grand kids who also live in station 7's territory. As a young firefighter, my dream was to one day work at station 7 and I proudly ended up as a Captain at there of a great crew of firefighters. So I've lived in this building and can attest to the problems. The living quarters on the second floor were moped every day and every day the mop water was as black as the day before from the coal dust from the old furnace and diesel fuel residue. There is no clean dedicated space in which to eat, sleep or work out. Lead paint, Asbestos and mold are always a very large concern of a 96 year old building. For most of the years of this building there was no vehical exhaust ventilation system adding to the health hazard of the second floor living quarters. The original bay floor that sets over an open basement is so badly cracked from the weight of the new fire trucks, because it was designed for trucks of the early 1920s which weighed substantially less. The station as it sets today has increased the wear and tear on ladder 7 due to departure angles onto Denniston Ave., broken wheel studs and cab mount issues have greatly increased repair cost and down time of the truck. I could keep going on about the problems of this old building, but I think whats most important is the health, safety and wellbeing of the men and women who put their lives on the line everyday to protect us and our neighbors. I do appreciate the "Good intentions' of the online petition and I respect their desire to protect the nostalgia of this 96 year old firehouse. But is it in the best interest of those that live in the firehouse everyday. A new fire house in the same location will not change the coverage of the neighborhoods of Grandin Village, Raleigh Court, Grandin Court and Wasena. By reconfiguring Denniston Ave. with a new departure onto Memorial and adding a traffic signaling light in front of the station to stop traffic in both directions for departure will enhance safety for the firefighters and citizen travelling in the neighborhood. With a new fire station would come drive thru bays versus backing in which puts the firefighters into traffic. Faster turnout times with the increased mobility of the firefighters in larger apparatus bays, the ladder bay is extremely cramped. Personnel would have a healthier environment to work in with the added features of turnout gear storage away from living areas and the ability to add a turnout gear extractor and gear dryer which they currently do not have. New dormitory sleeping rooms versus open bunk area will insure that responders are better rested and also create facility's for female firefighters to work at this location. Due to the layout of a new station emergency response times will become faster and safer for the whole community. A new station has the potential to become more of a neighborhood hub with the added community room that would encourage more interaction with the local schools and community. And yes, the familiar face of the Dog Mascot will still keep watch over the station and neighborhood! Please consider the employees that put their lives on the line to insure our safety. They will spend 1/3 of their life in this building, they deserve a firehouse that is safe, healthy and comfortable. With the continued growth of the neighborhoods in the immediate area, a new 3 bay drive thru station will allow for the expansion and growth into the future. I hope we can be proactive in our approach with the old station, RAISE IT and build a new and improved firehouse that will take us another 96 years into the future. Thank You IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of February, 2018. No. 41058- 022018. AN ORDINANCE to appropriate and de- appropriate funding from the Department of Housing and Urban Development (HUD) for the Community Development Block Grant Program (CDBG), and HOME Investment Partnerships Program, amending and reordaining certain sections of the 2017 -2018 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 2017 -2018 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations HOME — Regular Employee Salaries 35- 090 - 5397 -1002 $ (1,838) HOME — FICA 35- 090 - 5397 -1120 (284) HOME — Fees for Professional Services 35- 090 - 5397 -2010 (3,000) HOME — Administrative Supplies 35- 090 - 5397 -2030 (300) HOME — Training and Development 35- 090 -5397 -2044 (1,835) HOME — Habitat- New Home Ownership 35- 090 - 5399 -5647 (142,761) HOME — Available to Commit- MOTA 35- 090 -5397 -5664 8,257 HOME — DOT Billings 35- 090 - 5397 -7005 (1,000) CDBG — Empowering Individuals with Disabilities 35 -G17- 1719 -5057 86,081 CDBG — Demolition 35 -G17- 1719 -5108 20,519 CDBG — Mortgage Assistance Program 35 -G17- 1719 -5399 7,640 CDBG — Emergency Home Repair TAP 35 -G17- 1719 -5470 83,034 CDBG — Neighborhood Development 35 -G17- 1720 -5642 (280) CDBG — Available to Commit MOTA 35 -G17- 1720 -5664 (344,552) CDBG — Feeding America Project 35 -G17- 1720 -5681 50,000 CDBG — Construction Other 35 -G17- 1720 -9065 (115,225) CDBG — Regular Employee Salaries 35- G17- 1722 -1002 (4,565) CDBG — Fees for Professional Services 35- G17- 1722 -2010 (6,471) CDBG — Administrative Supplies 35 -G17- 1722 -2030 (3,417) CDBG — Expendable Equipment 35 -G17- 1722 -2035 (3,935) CDBG — DOT Billings 35 -G17- 1722 -7005 (1,532) CDBG — Regular Employee Salaries 35 -G17- 1723 -1002 89,587 CDBG — City Retirement 35 -G17- 1723 -1105 18,110 CDBG -401H Health Savings Match 35 -G17- 1723 -1117 1,061 CDBG — FICA 35 -G17- 1723 -1120 8,112 CDBG — Medical Insurance 35 -G17- 1723 -1125 13,628 CDBG — Dentallnsurance 35 -G17- 1723 -1126 681 CDBG — Life Insurance 35 -G17- 1723 -1130 1,880 CDBG — Disability Insurance 35 -G17- 1723 -1131 355 CDBG — Regular Employee Salaries 35 -G17- 1739 -1002 (4,582) CDBG —Youth Support Services 35- G17- 1739 -3742 12,000 CDBG —Apple Ridge Farm 35 -G17- 1739 -5084 30,000 CDBG — Children's Trust 35 -G17- 1739 -5569 27,000 CDBG — Home Stabilization for Families in Need 35 -G17- 1739 -5604 50,000 CDBG — Resident Council Program 35 -G17- 1739 -5680 20,000 CDBG — Parolee Transition Program 35 -G17- 1739 -5682 17,640 CDBG — Neighborhood Development 35 -G17- 1744 -5642 (6,623) CDBG — Empowering Individuals With Disabilities 35 -G18- 1819 -5057 (108,860) CDBG — Demolition 35 -G18- 1819 -5108 (33,000) CDBG — Mortgage Assistance Program 35 -G18- 1819 -5399 (3,500) CDBG — Emergency Home Repair TAP 35- G18- 1819 -5470 (84,646) CDBG — Habitat New Home Ownership 35 -G18- 1820 -5647 3,504 CDBG — Feeding America Project 35- G18- 1820 -5681 (50,000) CDBG — Regular Employee Salaries 35 -G18- 1823 -1002 (106,173) CDBG — City Retirement 35 -G18- 1823 -1105 (18,110) CDBG — 401H Health Savings Match 35 -G18- 1823 -1117 (1,061) CDBG — FICA 35 -G18- 1823 -1120 (8,112) CDBG — Medicallnsurance 35 -G18- 1823 -1125 (13,628) CDBG — Dental Insurance 35 -G18- 1823 -1126 (681) CDBG — Life Insurance 35- G18- 1823 -1130 (1,880) CDBG — Disability Insurance 35 -G18- 1823 -1131 (355) CDBG — Youth Support Services 35 -G18- 1839 -3742 (12,000) CDBG — Apple Ridge Farm 35 -G18- 1839 -5084 (30,000) CDBG — Children's Trust 35 -G18- 1839 -5569 (27,000) CDBG — Home Stabilization for Families in Need 35- G18- 1839 -5604 (50,000) CDBG — Resident Council Program 35 -G18- 1839 -5680 (20,000) CDBG — Parolee Transition Program 35 -G18- 1839 -5682 (17,640) Revenues HOME Entitlement FY18 35- 090 - 5399 -5399 (146,500) HOME Program Income FY18 35- 090 - 5399 -5418 3,739 CDBG Entitlement FY18 35 -G18- 1800 -3807 (540,500) CDBG Program Income FY18 35 -G18- 1800 -3810 3,504 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: -�'r'' City Clerk. eCITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: February 20, 2018 Subject: Revision to FY 2018 HUD Budget Ordinance Background: CDBG and HOME funds received from the U. S. Department of Housing and Urban Development (HUD) provide for a variety of activities ranging from affordable housing and community development to economic development. On August 7, 2017, by Budget Ordinance No. 40908 - 080717, City Council appropriated HUD funds into the Grant Special Revenue Fund for FY 2018. Annually, a budget ordinance revision is needed to close out prior grant years and make funds available for the current year. Considerations: The revised budget ordinance closes completed projects, moves unspent funds to FY 2018 future use, accounts for new program income, and reconciles the City's accounting system with HUD's Integrated Disbursement and Information System for the remainder of the FY 2018 year. Acceptance of the funds and appropriation or transfer to the accounts indicated in the Budget Ordinance is needed to permit the FY 2018 activities to proceed. Recommended Actions: Adopt the accompanying budget ordinance to appropriate, de- appropriate, reprogram, and transfer funding in the amount of $679,757 into accounts to be established in the Grant Fund by the Director of Finance, as detailed in the attached budget ordinance. (�f (4� - - -- ROBERT S. CO WELL, JR City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Assistant City Manager for Operations Amelia C. Merchant, Director of Finance Chris Chittum, Director of Planning, Building and Development Keith Holland, Community Resources Program Administrator (p -) IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of February, 2018. No. 41059- 022018. AN ORDINANCE to de- appropriate funding from the Virginia Department of Rail and Public Transportation for the Passenger Rail Infrastructure project, amending and reordaining certain sections of the 2017 -2018 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 2017 -2018 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from State Grant Funds 08- 530 - 9653 -9007 $(617,091 ) Revenues VDRPT Passenger Rail 08- 530 - 9653 -9653 ( 617,091 ) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTE T: 1 T � . ONn�� xl.�i✓ City Clerk. QCITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: February 20, 2018 Subject: De- Appropriation of Virginia Department of Rail and Public Transportation Intercity Passenger Rail Operating and Capital Program Revenue Funds Background: By Resolution No. 39879 - 031714, the City accepted an award of Intercity Passenger Rail Operating and Capital (IPROC) Transportation funds in the amount of $3,000,000 from the Virginia Department of Rail and Public Transportation ( VDRPT) for engineering design and construction of improvements to the Trout Run drainage structure for the proposed Roanoke passenger rail platform project. These funds were used to furnish and install approximately 1,600 linear feet of corrugated aluminum multiplate post - grouted arch liner and associated work to rehabilitate the Trout Run Culvert under Norfolk Avenue between 2n1 Street, S.W. and east of Market Street, S.E. Considerations: The project has been finalized. All contractor payments have been made and the City has been reimbursed by VDRPT for the final project costs in the amount of $2,382,909. As such, the initial revenue estimates and appropriations need to be reduced to reflect actual project reimbursements. This action will permit the revenue account to be closed. Recommended Action: Adopt the accompanying budget ordinance to reduce the revenue estimate for this project by $617,091 and "de- appropriate" the state grant funds in the same r ccount 08 -530 -9653, Passenger Rail Infrastructure. ----- well, Jr. City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Amelia C. Merchant, Director of Finance Robert K. Bengtson, P.E., Director of Public Works Luke E. Pugh, P.E., City Engineer J f� IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of February, 2018. No. 41060 - 022018. A RESOLUTION accepting the Virginia Department of Transportation's (VDOT) award to the City in the total amount of $650,000 for the Economic Development Access Program for the extension of Blue Hills Drive, N.E., Roanoke, Virginia, to serve the Deschutes Brewery, Inc. site; authorizing the City Manager to execute a VDOT Standard Project Administration Agreement for State -aid Projects and Appendix A for the New Construction Roadway on Blue Hills Drive, N.E.; and authorizing the City Manager to take certain other actions in connection with the above matters and project. WHEREAS, by Resolution No. 40764 - 022117, adopted on February 21, 2017, City Council authorized the request for a grant from the VDOT Economic Development Access Program in the amount of $650,000, as set forth in the City Council Agenda Report dated February 20, 2018 (the `Agenda Report "); and WHEREAS, by Resolution No. 40823- 051517, adopted on May 15, 2017, City Council appropriated the funds for the VDOT Economic Development Access Program in the amount of $650,000, with a required local match of $150,000. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: I. The City of Roanoke hereby accepts the VDOT award in the total amount of $650,000, with a local match of $150,000 from the City, for the Economic Development Access Program for the extension of Blue Hills Drive, N.E., Roanoke, Virginia, to serve the Deschutes Brewery, Inc. site, which project will assist with financing engineering and roadway construction costs for the extension of Blue Hills Drive, N.E., Roanoke, Virginia, to serve the Deschutes Brewery, Inc. site, all as more fully set forth in the Agenda Report. 2. The City Manager is hereby authorized to execute a VDOT Standard Project Administration Agreement for State -aid Projects and Appendix A (Agreement), substantially similar to the ones attached to the Agenda Report, and as further described and set forth in such Agenda Report. Such Agreement and Appendix A shall be approved as to form by the City Attorney. 3. The City Manager is hereby authorized to take such further actions and execute such further documents as may be necessary to obtain, accept, implement, administer, and use such funds in the total amount of $650,000 from VDOT and the local match, for the above mentioned project, with any such documents to be approved as to form by the City Attorney. ATTEST � �. City Clerk. �. R- Accept VDOT fund- Ewnomic Development Acceix Pmgrnm Gmnt —Blue Hills Dr(220.18) 2 eCITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: February 20, 2018 Subject: Acceptance of and Authorization to Execute a Virginia Department of Transportation Economic Development Access Program Grant for Extension of Blue Hills Drive Background: By Resolution No. 40764 - 022117, adopted by City Council on February 21, 2017, Council authorized the request for a grant from the Virginia Department of Transportation (VDOT) Economic Development Access Program in the amount of $650,000. This grant provides funding to assist with financing engineering and roadway construction costs for the extension of Blue Hills Drive to serve the Deschutes Brewery, Inc. site. Considerations: In May 2017, VDOT awarded the grant in the amount of $650,000 for this project. The City is required to provide a local match in the amount of $150,000 which is included in the Capital Improvement Program for FY 2019. The appropriation of funds for this grant in the amount of $650,000 was authorized by Budget Ordinance No. 40823 - 051517. This report recommends actions by Council to officially accept the award and authorize the City Manager to execute the necessary documents to receive the funds. Recommended Action Accept the VDOT Economic Development Access Program grant award of $650,000. Authorize the City Manager to execute the VDOT Standard Administration Agreement for State -aid Projects and Appendix A document similar to the ones attached to this report dated February 20, 2018. Such documents shall be in a form approved by the City Attorney. Authorize the City Manager to take such further actions and execute such further documents, approved as to form by the City Attorney, as may be necessary to obtain, accept, implement, administer, and use such funds identified above. - -- ---- - - - - --- � Robert S. Cowell, Jr. City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager R. Brian Townsend, Assistant City Manager Amelia C. Merchant, Director of Finance Robert K. Bengtson, Director of Public Works Luke E. Pugh, City Engineer STANDARD PROJECT ADMINISTRATION AGREEMENT State -aid Projects Economic Development Access Program Bonded Projects Project Number UPC Local Government ECON - 128 -415 111384 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 the Project(s) and the funding currently allocated or proposed for the project(s) does not include Federal -aid Highway funds; 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 laws and regulations. WHEREAS, the Commonwealth Transportation Board (Board) has, by resolution of May 17, 2017, which is attached hereto, approved a project and funding allocation under the Economic Development Access Program, and NOW THEREFORE, in consideration of the mutual premises contained herein, the parties hereto agree as follows: The LOCALITY shall: a. Be responsible for all activities necessary to complete the noted phase(s) of each Project shown in Appendix A. except for activities, decisions, and approvals which are the responsibility of the DEPARTMENT, as required by federal or state laws and regulations or as otherwise agreed to, in writing, between the parties. b. Receive prior written authorization from the DEPARTMENT to proceed with the project. c. Administer the project(s) in accordance with guidelines applicable to Locally Administered Projects as published by the DEPARTMENT. d. Provide certification by a LOCALITY official of compliance with applicable laws and regulations on the State Certification Form for State Funded Projects or in another manner as prescribed by the DEPARTMEN 1'. OAG Approved 12/12/2016 City of Roanoke Project ECON- 128 -415 (UPC 111384) e. Maintain accurate and complete records of each Project's development 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 not 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 also include an up-to -date project summary and schedule tracking payment requests and adjustments. g. Reimburse the DEPARTMENT all Project expenses incurred by the DEPARTMENT if due to action or inaction solely by the LOCALITY the project becomes ineligible for state reimbursement, 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 state law or regulations require such reimbursement. h. On Projects that the LOCALITY is providing the required match to state 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, and local laws and regulations. Failure to fulfill legal obligations associated with the project may result in forfeiture of state -aid reimbursements j. 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. k. 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. 1. Provide acceptable surety pursuant to the Board's Economic Development Access Fund Policy dated December 7, 2016 (the BOARD'S POLICY) or subsequent actions, which may provide exeptions to the BOARD'S POLICY, taken by the Board. m. Pursuant to the BOARD'S POLICY or subsequent policies adopted by the Board, the LOCALITY shall be responsible for reimbursing the DEPARTMENT any portion of the EDA allocation utilized in the PROJECT'S construction but not justified by qualifying capital outlay established within the timeframe specified by the BOARD's POLICY. OAG Approved 12112/2016 City of Roanoke Project ECON - 128415 (UPC 11 1384) 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 or state laws and regulations or as otherwise agreed to, in writing, between the parties. b. Upon receipt of the LOCALITY's invoices pursuant to paragraph Lf, 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 applicable laws and regulations. e. Make available to the LOCALITY guidelines to assist the parties in carrying out responsibilities under this Agreement. Appendix A identifies the funding sources for the project, phases of work to be administered by the LOCALITY, and additional project- specific requirements agreed to by the parties. There may be additional elements that, once identified, shall be addressed by the parties hereto in writing, which may require an amendment to this Agreement. 4. If designated by the DEPARTMENT, the LOCALITY is authorized to act as the DEPARTMENT's agent for the purpose of conducting survey work pursuant to Section 33.2 -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 cost exceeds 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. Nothing in this agreement shall be construed as a waiver of the LOCALITY's or the Commonwealth of Virginia's sovereign immunity. 7. The Parties mutually agree and acknowledge, in entering this Agreement, that the individuals acting on behalf of the Parties are acting within the scope of their official authority and the Parties agree that neither Party will bring a suit or assert a claim against any official, officer, or employee of either party, in their individual or personal capacity for a breach or violation of the terms of this Agreement or to otherwise enforce the terms OAG Approved 12/12/2016 City of Roanoke Project ECON- 128- 415(U PC 111384) 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. The Parties mutually agree that no provision of this Agreement shall create in the public, or in any person or entity other than 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 of this Agreement or otherwise. Notwithstanding any other provision of this Agreement to the contrary, unless otherwise provided, the Parties agree that the LOCALITY or the DEPARTMENT shall not be bound by any agreements between either party and other persons or entities concerning any matter which is the subject of this Agreement, unless and until the LOCALITY or the DEPARTMENT has, in writing, receive a true copy of such agreement(s) and has affirmatively agreed, in writing, to be bound by such Agreement. 9. This agreement may be terminated by either party upon 30 days advance written notice. Eligible Project expenses incurred through the date of termination shall be reimbursed in accordance with paragraphs Lf, Lg, and 2.b, subject to the limitations established in this Agreement and Appendix A. Upon termination and unless otherwise agreed to, the DEPARTMENT shall retain ownership of plans, specifications, and right of way for which state funds have been provided, unless all state 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. 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. THE LOCALITY and the DEPARTMENT further agree that should Federal -aid Highway funds be added to the project, this agreement is no longer applicable and shall be terminated. The LOCALITY and the DEPARTMENT mutually agree that they shall then enter into a Standard Project Administration Agreement for Federal -aid Projects. 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. The remainder of this page is BLANK OAG Approved 1 211 212 01 6 City of Roanoke Project ECON -128 -415 (UPC 111384) 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: or printed time of signatory Title Signature of Witness Date NOTE: The official signing for the LOCALITY must attach a certified copy of his or her authority to execute this agreement. COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION: Chief of Policy Commonwealth of Virginia Department of Transportation Signature of Witness Date Attachment Appendix A — UPC 111384 OAG Approved 12/12/2016 Locally Administered Appendix A Date 8/11/2017 alit. Champ .... kid 24012 Location ZlP +4'. 24012 -8609 Locality DUNS# 006704316 Localityrch Addreas Ave ('mcI Start) . SW 215noke,VA24011 Roanoke, VA 24011 -151] Pro ectNarraliva Scope New Co08tructio0 Roatlway From: EW2!TB_1 Hills Dme 1A mile ushered 0 U HIM 460) To 0.64 mile mmh W Bla. Hulls Dr, (2.04 mile n arreae a o1 US Hwy 400) Locality Project Manager Carol into -. Josephs Johnson Somme NO- 853.2706, Jose M1Us.Johnsorottmoma ROanokead Department Project Coordinator Contact Info: OheM Back., 540387-5399, C 01Vrdn -Pro ed EetlmMea^ Prelimina Engineering 1 ftl M1I OI Way anJ Ulililies Construction Total Estimated Cost Estimated Locality Project Expenses $1.986,000 Estimated VOOT Protect Expenses $1,000 $o $4 000 $5,500 Eslimaletl Total Pro eU COSIS $1000 $0 $1.930000 E1991,OW Proped Cost and RW.W. . Phase Estimmen Pmjecl C.C. Funistype (Co.. nom emp gown my Local% Participation for Funds Type Local Sham Amount Maximum Reimbursement (Estimated Cost LOCaI Share) Estimate. Rmmbwaemenll Locality (.as Reimbursement - LOVOOT Expect ) p3nsesj Preliminary EngNeenng $1,000 Access 0% $0 $1,000 W $0 Toile I PE $1.500 an $1000 $0 Right m My B Utilities EO $0 s0 $o se TpUIRw $o $0 $0 EO Construction $649 Oo0 Economic Development Access 1 01 $0 5849,000 $150.7,0 Local Match 100% $150 ME an s0 $1,191 ON Loral Funds 100% $1,191 000 $0 $0 $648000 5645,003 ToUI CN $1990000 $1341,000 Total Eatima @n COei 51,991000 $1,341,000 $850,00. $845,000 Total Maximum Reinalleaddidendent by VDOT to Locality (Lees Local Share ) S650,D00 Estimated T ur Reldriburadeffeent b VDOT to Locality Less Local share and LOpal responsibility for VDOT Expenses) $645,000 Pro ect Financing Economic Development Access EDA Slate Match(EDA) aiaime Iva loseend aosn3500.wo1 Local Me101 (EDA) In: eliaide sdi :o3sogawl co$150000 Local Funtls Fund Sourced Rboo•. Iwm erup gown wq Funtl Source F(cnoo•. wmareP gown eo:l Aggregate Allocations (q+B +e *OeE+Fj $500000 $ 5 000 $1191000 $D SO $1991,000 Program and project SlleciRc Funding Requirements • This project shall be administered In ander ance with VOOPs Locally Administered Pro.cis Manual and the Economic Development Access Program Guide. • This project shall be constructed antl mu.11ained In .—man.. your VDOTS LOcaIIa Administered Proecld Manual. • Project work conducted or services contracted prior to May 17, 2011 will not be eligible for reimbirs meal from,,. Rommu c Development Aecess Program albicalion. • In aarordance with propler 12.1.3 (Sterling Process nonresidence) of the -AP Manual the locality has completed proACI was, ono befpre August t 2018. • All right -ol - why , envimnmeMel assessments (Other than the administration of the Sale Environmental Review, it app,itable) and remedtalion, and utility adjustment$ shall be provided at no cost to the Comm. n weadh. • This a limited funds project. Financed of any eligible nests In excess of $SM,000 and all Ineligible costs as determined by the DEPARTMENT pursuam to the DEPARTMENT'S current policy and procedure n administration of the EDA Program are 10 be Boma by others at no cost to the DEPARTMENT. • The LOCALITY shall provide up to $150,000 in matching fund$ as sear, to fulfill project funding obligations. The LOCALITY has opted to retain the bruited matching fonds and expenditure 011hese musuch ng funs shall be documented by the DEPARTMENT at mull time as the maximum $500,000 unmatched Economic Development Access Program funding has been exceeded or expanded e DEPARTMENT'S current policy and procedure In administration of the Economic Develoomt Access Program shall be sa05faclonly document. by the • Preed costs, eligible for reimbursement under to li en DEPARTMENT prior to processing reimbursement to the LOCALITY. This attachment is central and made an official attachment to this document by the ponies to this agreement Awhonzed manor, Chose date Aomorized VDDT Daniel date Typed or panted name of pecan signing Typed or period name of person signing Version 8/19111 Airport Access ARRA Betterment CMAO Economic Development Access Enhancement Federal BR Funds Federal Demo Funds Federal Formula HSIP Local Match Local Funds Minimum Guarantee Equity Bonus NHS PTF Public Lands Recreational Access Residue Parcel Revenue Sharing RSTP Secondary Scenic Byways State Funds TEA 21 High Priority Urban Other IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of February, 2018. No. 41061 - 022018. AN ORDINANCE to appropriate funding from the Commonwealth and Federal grants for various educational programs, amending and reordaining certain sections of the 2017 -2018 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 2017 -2018 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Teacher Stipends 302 - 110 - 0000 - 1000 -318M- 61100 - 41129 -9 -01 $ 929 Social Security 302 - 110 - 0000- 1000 -318M- 61100 - 42201 -9 -01 71 Technology 302 -110- 0000- 1070 -316M- 61100 - 46650 -3 -09 17,500 Instruction Improvement of 302- 110-1101 - 1000- 130M - 61310 - 43381 - 9 - 01 5,000 Instruction Capital Outlay Additions Other 302 - 130 - 0000 - 0150 - 152M - 61100 - 48829 - 3 - 00 655 Capital Outlays Supplement 302 - 130 - 0000 - 0150 -152M- 61210- 41129 -3 -00 5,023 Prof Other Prof Services 302- 130 - 0000 - 0150 - 152M - 61210 - 43313 - 3 - 00 5,068 Materials& Supplies Educational 302- 130 -0000- 0150 -152M- 61210 - 46614 -3 -OD 1,488 & Recreational Supplies Capital Outlay Additions Other 302- 130 - 0000 - 0210 - 152M - 61100 - 48829 - 3 - 00 655 Capital Outlays Supplement 302 - 130 - 0000 - 0210 -152M- 61210 - 41129 -3 -00 5,024 Prof Other Prof Services 302- 130 - 0000 - 0210 - 152M - 61210 - 43313 - 3 - 00 5,068 Materials& Supplies Educational 302 -130- 0000 - 0210 -152M- 61210 - 46614 -3 -OD 1,488 & Recreational Supplies Capital Outlay Additions Other 302- 130 - O000 - 0280 - 152M - 61100 - 48829 - 3 - 00 655 Capital Outlays Supplement 302- 130- 0000- 0280 -152M- 61210- 41129 -3 -00 5,024 Prof Other Prof Services 302 - 130 - 0000 - 0280 -152M- 61210- 43313 -3 -00 5,068 Materials & Supplies Educational 302- 130 - O000 - 0280 - 152M - 61210 - 46614 - 3 - 00 1,488 & Recreational Supplies Revenues Federal Grant Receipts 302 - 000 - 0000 - 0000 - 130M - 00000 - 38346 - 0 - 00 $ 5,000 State Grant Receipts 302 - 000 - 0000 - 0000 - 316M - 00000 - 32220 - 0 - 00 17,500 State Grant Receipts 302 - 000 - 0000 - 0000 - 318M - 00000 - 32467 - 0 - 00 1,000 Federal Grant Receipts 302 - 130 - 0000 - 0000 - 152M - 00000 - 38331 - 0 - DO 36,704 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATFEST ' City CI 1'k.url. February 20, 2018 The Honorable Sherman P. Lea, Sr., Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As a result of official School Board action on Tuesday, February 13, 2018, the Board respectfully requests that City Council approve the following appropriation requests: New Appropriations Award Juvenile Justice and Delinquency Prevention (JJDP) - Positive Alternatives to School Suspension (PASS) 2018 $36,704.00 Online ESL Praxis Preparation Seminar - Spring 2018 $5,000.00 Career Switcher Mentoring Program 2017 -18 $1,000.00 Revised Appropriation Additional Award State Operated Programs: Juvenile Detention Home and Child Development Clinics 2017 -18 $17,500.00 On behalf of the School Board, thank you for your consideration. Sincerely, Cindy H. Poulton, Clerk PC: Dan Callaghan Rita D. Bishop Bob Cowell Kathleen Jackson Amelia Merchant Holli Salyers (w /details) Annette Lewis 3M ROANOKE CITY PUBLIC SCHOOLS School Board Annette Lewis Chairman Mork K. Cothey Vice Chairman William B. Hopkins, Jr, Elizabeth C. S. Jamison Laura D. Rottenbom Lutheria H. Smith Dick Willis Dr. Rita D. Bishop Superintendent Cindy H. Poulton Clerk of the Board w_ �s Info p: 540 - 853.2381 C 540.853.2951 P.O. Box 13145 Roanoke VA 24031 ROANOKE CITT SCHOOL BOARD Roanoke,Vlrglnla Fameral funds awar0ed under Title 111 suppert programs to address English language proficiency and academic achievement of English learners(Eruo Including the provision of language Instruction educational contrams(LIEPS) and activities that Increase the knowledge and skills of teachers who serve ELS. The English s a Second Language(ii Praxis ran is designed to measure basic linguistic and pedag0gical knowledge within the context of teaching within elementary and secondary schmis. Five teachers have been selected from Roanoke City Public Schools to participate In an online preparation seminar. The program will be fully reimbursed by federal funds and will end April 6, 2016. NEW APPROPRIATION REQUEST Online ESE Praxis Preparation Seminar- Spring 2018 13OM Original Changes Final Expense Common- Soon. Rrabol Rude 302 -110 -1101 - 1000 -130M- 61310 - 43381 - 9.01 Instruction Improvement of Instruction $S,m0040 $500000 $ 5,00000 $ s 5,000.00 Revenue 302 - 000 - 0000 - 0000 -130M - 00000 - 38346 - 0 - 00 FMeral Grant Re d ipls $ 5.00000 $ $ 5,000.00 Fameral funds awar0ed under Title 111 suppert programs to address English language proficiency and academic achievement of English learners(Eruo Including the provision of language Instruction educational contrams(LIEPS) and activities that Increase the knowledge and skills of teachers who serve ELS. The English s a Second Language(ii Praxis ran is designed to measure basic linguistic and pedag0gical knowledge within the context of teaching within elementary and secondary schmis. Five teachers have been selected from Roanoke City Public Schools to participate In an online preparation seminar. The program will be fully reimbursed by federal funds and will end April 6, 2016. Excen 302. 110 been 302 . 110 . pur 302 - 110 -(A6d 302 - 110 -0033 302 - nb - 0063 302. 110.0003 DID - 11h-. 302 - 110 SON) 302- 110 -OCW 302- 110 O 302 - 110.0000 302 - 110 - 0000 W2.110 CWO 302- 110 -0000 302- 110 0000 302- 110 -0000 302 - 110 -0000 302 - 110 -0000 302 - 110 -WW 302 - 110 - 0000 ROANOKE CITY SCHOOL BOARO Roanoke, Mayans REMISED APPROPRIATION REQUEST Slate Condct Programs Juvenile Detention Home and Child Development Clinks 2017-06 316M 1070 -316it -41138 �9 �09 1070 -316M -61100 42200 -9 -09 1070 316M 61100 -42201 -9 -09 1070 -316M 61100 42202 �9 09 1070 316M -61100 -42204 -9 09 1070 -316M 61100 42205 -9 -09 1070 316M -61 Red -45554 -9 -09 1070 -316M -61100 -45551 -9 -09 1070 -316M -61100 -62000 -9 -09 1070 316M -61100 43313 -9 09 1070 316M 61100 - 466001 9 -09 1070 -316M -61100 -46613 -3 -09 1070 316M -61100 45523 -9 -09 1070 316M �61 ID0 -46650 -3 -09 1400 316M -61100 -41138 -9 -09 1400 -316M 61 He -42200 -9 -09 1400 -316M -611W -42201 -9 -09 1400- 31 Her -611W 42202,9 09 1400 -316M -611W -42204 -9 -09 14W -316M - 611W - 02205 - 9 W Drescroto Times Detention Eduraron Coordinamririnetmnor$ House Al Cread soual 6emntytFlCA Muginia Retirement System HeallNdenlal Insurance Slate Green, Late Insurance Professional Development Mileage Indirect Cons Related 6erWces InMNtliOnal Supplies TepremorPNodreems Internet SeM¢s Technology Etluwlmn CooNinators Retiree Health Credit Social Sewnly7FIDA bam nia Retirement System HeallM1Nental lnosenU Stale Group Life Insurance Revs 302 ^000 0000 -0300 -316M -00000 -32220 -0 -00 Stale Grant Receipts Original Changes Final Brad. Re uR�ested Boone S 526,91338 $ 52691238 6,'9691 6,490.91 40,37630 4037030 7736022 7736122 10451438 10481438 691108 691306 503000 500000 980000 900003 3596500 3506500 1003.00 1,000 600000 6,000 00 40M 40090 1180000 1180000 21900.00 $ 17 59000 3K 17439462 174,394.62 2,14505 214505 1334119 13341.19 2556625 2556625 4497504 44$7500 2,28A 57 2 284.57 S 1116436.00 $ 1,500.00 $ T133936.00 Stale Operated Programs comandles adurdlion a Services gumaged at me Roanoke Malley Juvenile Detention Home and the rospra Department of Health a Roanoke Child Development Clinics, Changes nohH aLWe mflw so 9110,Rb nIncrease, and aligns are appropriation tie, the and ..old amount. This gnmram.11 he lolly reimdulsed by stale Trade and vall end March 30, 2018. This a continuing program. ROANOKE CITY SCHOOL BOARD Roanoke, Virginia NEW APPROPRIATION REQUEST Career Switcher Mentoring Program 2817 -18 318M Revenue 302 - 000 -0000 -0000 -318M -00000 -32467 -0 -00 Slate Grant Receipts $ 1000.00 $ 1,000.00 The 2017 -18 Career Switcher Mentoring Program provides $1,000 per career switcher in state funds to enable school divisions to provide a teacher mentor for each new teacher who has entered the profession through an alternative career swilcher route. The grant period will end June 30, 2018. This is a continuing program. Original Changes Final Expense Description Budget Reguestetl Budget 302 - 110 -0000 -1000 -318M -61100 -41129 -9 -01 Teacher Stipends $ 929.00 $ 929.00 302 - 110 -0000 -1000 -318M -61100 -42201 -9 -01 Social Security 7100 71.00 $ 1,000.00 $ $ 1,000.00 Revenue 302 - 000 -0000 -0000 -318M -00000 -32467 -0 -00 Slate Grant Receipts $ 1000.00 $ 1,000.00 The 2017 -18 Career Switcher Mentoring Program provides $1,000 per career switcher in state funds to enable school divisions to provide a teacher mentor for each new teacher who has entered the profession through an alternative career swilcher route. The grant period will end June 30, 2018. This is a continuing program. ROANOKE CITY SCHOOL BOARD Roanoke, Virginia Acting, Breckinndge, antl Woodrow Wilson Middle Schools have been selected to receive funding from the Positive Alternatives to So col Suspension (PASS) program to assist with managing the behavior of students identified as a selionally/cehsnorally disordered or displaying high risk bchavrom The goal of this program Is to )corporate passive hehader support and precious consistent with the Individuals win Oisatolilies Education Act (IDEA) and the No Child Led Behind Am (NCLS). This gram Is a pass through tram the City of Roanoke. The grant will end December 31, 2018. NEW APPROPRIATION REQUEST Juvenile Justice and Oelinguency Preventlon (JJOPI - Positive ABarnatives to School Suspension (PASS) 2018 152M Original Changes Final Dreachation Bu -� Feauested Bodand Evards S 5,02366 $ 5,02366 302- 130 - 00000280- 152ML1210 -01129 -300 Supplement 302 - 130 - 00000280 -152M- 61210433133 -00 Prof Other not Services 5068.34 5065.34 302 130-0000-0290452M.61£1046614 -3 -00 Materials B Supplies Educational B Recreational Supplies 1488.00 1488.00 302 - 13000000280 -152M- 6110048829 -300 Capital Outlay Additions Other Capital Outlays 654 67 65467 $122346] $ $ 12,23467 Acande Subtotal 30243O0000-0210452M6121041129 -3 -00 Supplement $ 502366 S 502365 302- 130 - 00000210 -152M- 6121043313 -3 -00 PrM Other Pml SerNces 5068.34 5,06034 302130- 000O0210-152M- 6121046614 -3 -00 Materials B Supplies Educational B Recrea0onal Supplies 1488.00 146800 302 130-00 000210 1 52Mbl 10048829 -3 -00 Capital Outlay Additions Other Capital Outlays .5467 $5467 $122346] $ - $ 12234.67 BRCItinnOpe Subtotal 302- 130- 0000-015O152M- 6121041129 -3 -00 Supplement $ 502356 $ 5.02366 302 - 130- 00060150-152Mb121043313 -3 -00 Prof Other Prof Services 5,06834 5,058 34 302 -130 000O0160452ME 121046614 -300 Materials B SUpgies Educational B Recreational Supplies 148800 1488.00 302- 130 - 00000150 -152M- 61100488293 -00 Capital Outlay Additions Other Capital Outlays 654.65 65466 $12 234 66 $ - 8 12,23466 Woodrow Asson Subtotal $ 36 70400 $ $ 16704 00 Revenue $3fi ]0600 $ - $ 36]W.00 302130- 000O000O152M.00000- 38331 -0 -0( Federal Gram Receipts Acting, Breckinndge, antl Woodrow Wilson Middle Schools have been selected to receive funding from the Positive Alternatives to So col Suspension (PASS) program to assist with managing the behavior of students identified as a selionally/cehsnorally disordered or displaying high risk bchavrom The goal of this program Is to )corporate passive hehader support and precious consistent with the Individuals win Oisatolilies Education Act (IDEA) and the No Child Led Behind Am (NCLS). This gram Is a pass through tram the City of Roanoke. The grant will end December 31, 2018. U� CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: February 20, 2018 Subject: School Board Appropriation Request Background As the result of official Roanoke City School Board action at its February 13, 2018 meeting, the Board respectfully requested that City Council appropriate funding as outlined in this report. The 2017 -18 Career Switcher Mentoring grant award of $1,000 enables school divisions to provide a teacher mentor for each new teacher who has entered the profession through an alternative career switcher route. This grant will be reimbursed by state funds and will end June 30, 2018. This is a continuing program. The 2017 -18 State Operated Programs: Juvenile Detention Home and Child Development Clinics grant award of $17,500 constitutes educational services provided at the Roanoke Valley Juvenile Detention Home and the Virginia Department of Health's Roanoke Child Development Clinics. Changes reflect an allocation increase that aligns the appropriation with the final award amount. This grant will be reimbursed by state funds and will end March 30, 2018. This is a continuing program. The Spring 2018 Online English as a Second Language ( "ESL ") Praxis Preparation Seminar grant award of $5,000 supports programs to address English language proficiency and academic achievement of English learners. The ESL Praxis test is designed to measure basic linguistic and pedagogical knowledge within the context of teaching. This grant will be reimbursed by federal funds and will end April 6, 2018. The 2018 Juvenile Justice and Delinquency Prevention - Positive Alternatives to School Suspension grant award of $36,704 assists with managing the behavior of students identified as emotionally /behaviorally disordered or displaying high -risk behaviors. The goal of this program is to incorporate positive behavior support and practices consistent with the Individuals with Disabilities Education Act and the No Child Left Behind Act. This grant will be reimbursed by federal funds and will end December 31, 2018. 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. Robert S. Cowell, Jr. City Manager Distribution: Council Appointed Officers Rita D. Bishop, Superintendent, RCPS P. Steve Barnett, Assistant Superintendent for Operations, RCPS Kathleen M. Jackson, Chief Financial Officer, RCPS Amelia C. Merchant, Director of Finance . Thank you for joining in our moment of silence in respect to the most recent shooting in Parkland, Florida. Thanks to my friend Pastor Martin for the servant Prayer. Prayer is always appropriate. • However, in my opinion "thoughts and prayers" can no longer be enough. Nor is it sufficient to simply call for studies into mental illness and disease. Killing children in America has become an epidemic and our response has been anemic. I was moved in December 2012, when 20 first graders were killed in Newtown. Our leaders in Washington could not come together and take any action. The families and state leaders in Connecticut acted to pass strong legislation to protect children and respect individual Second Amendment rights. And today, families and, most notably, the high school students in Parkland, are calling on their state government to fill the void created by our national leaders. • Again, "thoughts and prayers" are only a part of the response to this most recent tragedy. We, as Americans, must resolve to demand action of our national and state leaders to take serious, meaningful steps to address this senseless epidemic, that robs our society of our beautiful children, parents, and colleagues. We, as Americans, must take unyielding action to change the dialogue from whether to debate to what actions to control the rampant presence and easy access of assault weapons in our Country. This is a concern that is personal to me as I have grandchildren that attend middle school and my daughter a teacher and her husband a principal. At the same time, we, as Roanokers, must commit to each other that we have responsibilities to our families, our neighborhoods, and community to make our community safe. We fulfill our responsibilities by speaking clearly and without hesitation that violence is wrong, that we will work with our community, including the Police and prosecutors, to bring these violent individuals to justice. Our community must commit to support and protect those who speak out when violence comes to our neighborhoods. We need to teach our children that violence is never acceptable. Banning any weapon, alone, is not the answer. Teaching community values and responsibilities must be continuous. I was troubled by the article in Roanoke Times last Sunday, reporting on unsolved murders within our community. I stated when I first took this office, that I would need your help in making our community safe. We can work together and make a difference. • As Dr. Martin Luther King, Jr. stated "The arc of the moral universe is long, but it bends toward justice." Council Meeting Presentation on Gun Violence 2/20/18 Thank you, Mayor. I am moved by the recent mass shooting at Stoneman Douglas High School in Parkland FL. and felt it important to discuss the topic of guns, gun violence and safety in our community and our schools. It's encouraging that our City has already been engaged in trying to make a difference in these areas, as evidenced by earlier discussions with our School Superintendent. But this shooting, the 2081" since Columbine in 1999, once again raises many valid questions about how we can prevent this from happening again. We cannot let this event be yet another mass murder that produces no concrete change for "solutions ". I am reminded of a speech that I delivered to a "Gun Rights Advocacy" group in October 2016, shortly after taking on this responsibility of City Council Member. The theme of my speech, regarding gun ownership and regulations was one of "communication, collaboration and compromise ". We are not able, and do not want to take everyone's guns away and melt them all down for tools, but we cannot stand by while almost anyone can own whatever weapon they want and carry them wherever they want, including loaded assault rifles on our streets and guns in our City Hall. We again, see how easy it is for a very young angry individual to acquire assault weapons. What is profoundly frustrating is our current political climate that is so polarized. Each party sticks to their "guns ", no pun intended, no matter the issue and generally will not consider collaboration or compromise. Thus, nothing gets accomplished and the sides become even further alienated, with an inability to agree on even the simplest of gun ownership rules. I understand the political realities and learned them very well while discussing and developing our Council Legislative agenda in 2016 that attempting to convince our State Legislature the merits of allowing Roanoke to prohibit the open carry of certain loaded assault weapons and prohibiting weapons in our public buildings. As you know, none passed, and we were educated on the consequences and futality of promoting such laws. It is past time to pass common sense gun legislation, but our government, both federally and state, have again and again shown a lack of will to do anything constructive for over 20 years. And us, as a City, hemmed in by the Dillion Rule that prohibits any action not granted by the State. Despite these realities, I will not idly sit until the next gun tragedy comes to Roanoke, God forbid, in one of our schools. So, what can we do? In my opinion the following could make a good start. 1. Not shy away from taking a stand on our legislative agenda and be willing to consistently request the local power to control assault weapons in our City and the ability to prohibit guns in public buildings and parks. 2. Support the local movement now known as the "One Day, One Voice ", where we come together for common sense initiatives to deter violence in our City. 1D1V is already communicating, collaborating and discovering simple things that can be implemented across our City that will make a difference. This was started locally by a group of concerned Moms, fueled by love and the belief that we can do better as a community. 3. Making sure we are diligent in reading the signs of future trouble in our community and developing actions plans. 1D1V is also discussing such plans. 4. Prioritize City programs and funding that promote education, youth programs, youth employment, family values and strong neighborhoods. S. As a City Council and City Administration, be engaged with our police and schools and major employers, such as Carillon to work in partnership to find solutions to our gun violence issues and find preventive solutions to future events. 6. And finally, and most importantly, develop and participate in a "Task Force ", with concerned citizens and our School System to "brainstorm" what our community can do to deescalate violence in our community. This task force should include City Council, City Staff, Police representation, School staff and Board representation, neighborhood representation, the local "One Day, One Voice" group and our State representatives. At this point, community conversation is paramount and conversation that results in action items that address commonsense changes to our status quo. We can have a positive affect as a local community, but only if we do not shrink away from this responsibility. I know the subject is controversial, but there is much we can do as a community that all can agree on. Let's take the initiative before Roanoke makes National news again. After Council and our City Manager have had time to ponder these thoughts, I will plan on making a motion that the City be the formative body for the "Task Force" and to request our City Manager make recommendations regarding the makeup of the "Task Force ", it's leadership and the goals and schedule. These recommendations should be in consult with our City Police Chief, School Superintendent, Council representative and "One Day, One Voice" representatives. Thank you for indulging me with my comments and I am hopeful that we, as a Council and as a Community can work together to make Roanoke an even better place to live, work and play. I am calling to make you aware of a special Lenten Series that will be hosted by First Baptist Church Gainsboro and Greene Memorial United Methodist Church called "From Confession to Communication." At a time when communities around the country are experiencing so much internal strife, it is so important for Roanoke to be part of this community conversation and find ways to connect and bridge the divide between its citizens. These two churches are inviting everyone in our community who is willing to learn methods of talking to one another about the disconnection in our community over race, gender, politics, generation, and change to attend this series. The Series will be held in the fellowship hall of First Baptist Church Gainsboro and will begin on Wednesday, Feb. 21, and conclude on Wednesday, March 28. The church will serve Soup and Sandwiches at 6 p.m., followed by Teaching, Tools, and Tough Questions at 6:30 p.m., and Conversation, Conclusions, and Connections at 7:30 p.m. More information is available on Facebook and on the website of Greene Memorial United Methodist Church. FACEBOOK: https: / /www.facebook.com /events /167281 5629449258/ ?active tab = discussion WEBSITE: http://www.gmumc.org/ discipleship -2 /a- lenten- series- from- confession -to- communion/ RPA Youth Leadership Blue Ridge Behavioral Healthcare Sup varbi 3 Scktanw Rbuw I'ro� ��on Cualdic� •tf,r 0. er 30 } ears RPA Youth Leadership Reasons Youth Voices Matter r� MA CA� 1 Roanoke prevention resource • Youth want a voice in their future. • We want more youth and the community to know what we are about. RPA Youth Leadership A Social Norms Marketing Campaign RPA Youth Leadership "Join the 74" RPA Youth Leadership Why Don't Youth Get Listened To? 4eY prevention resource Adults make decisions for youth because it is "easier" than having them participate. Adults may think youth are not knowledgeable or experienced enough to make good decisions. RPA Youth Leadership Project Sticker Shock • ABC Program • 9 of 13 "Off- Premise" alcohol retailers in SE Roanoke participated. • What is Sticker Shock? • What we did? RoamkeM prevention resource IT IS ILLEGAL T0; Purchase or provide alcohol for a Use a falie ID lo purchase alcohol CONVICTION COULD RE Fines up lo S2,500 and/or I year [oss of driver's license for up to RPA Youth Leadership Alcohol Merchant Environmental Scans • 13 alcohol retailers in SE Roanoke were scanned. • 85% (n =11) were convenience stores. • 62% (n =8) were near where youth gather. • 77% (n =10) stocked alcohol next to non- alcoholic beverages for youth. �nw •:on resource 70.8% 42.3% 56.1% M 34.7% Lifetime alcohol use' Used in past 30 days' qw21% qw18% RPA Youth Leadership Most Adults Think it is Wrong for Teens to Drink Alcohol aoam*es prevention resource lilt3 OUT of 4 TEENS DON'T drink if their PARENTS think it's wrong. startthetalk.org RPA Youth Leadership Future Plans • Newsletter to SE Residents • ACES & Resiliency RPA Youth Leadership Our Motivation • "Because I care about people." 0� prevention resource • "I like raising awareness about things people need to know about." • "This is fun. And I feel like I'm becoming a better person." Questions? Thank you! CITY OF ROANOKE OFFICE, OF THE CITY CLERK 215 Clmrch Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 0 'rojeA.n,: (5411)853 -2541 F : (541)853 -1145 S'I'HI'IL\NIF,M.MOONIi IflNNOI.DS,MM(. kl,nnil: elcrk(u rnunolmv °'1'O° ('n('HAA F. NIC(OY ('11y ('Ierk Depuly Caw ('jerk February 23, 2018 Chris A. Benson 3112 Franklin Road, S. W. Roanoke, Virginia 24014 Dear Mr. Benson: ('F('FLIA'I'. W811u, ('M(' A WA.nl W-pnly (111 Clerk I am enclosing copy of Ordinance No. 41062 -02218 amending certain conditions presently binding upon a tract of land located at 745 Townside Road, S.W., designated as Official Tax Map No. 5490307, zoned as CG, Commercial - General District, with proffers, as set forth in the Zoning Amendment Amended Application No. 2 dated February 13, 2018 The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Tuesday, February 20, 2018 and is in full force and effect upon its passage. � 'Sincerely, �Y�►'' ',` Stephani�J Moon Reyhefds, CL City Clerk Enclosure Chris A. Benson February 23, 2018 Page 2 c: Marilyn J. Buschor, 3716 Dogwood Lane, S. W., Roanoke, Virginia 24015 Robert C. and Barbara T. Keeley, 3750 Dogwood Lane, S. W., Roanoke, Virginia 24015 Charles B. and Bridget O. Chamberlain, 3736 Dogwood Lane, S. W., Roanoke, Virginia 24015 Gerald R. and Sharon A. Hawley, 3726 Dogwood Lane, S. W., Roanoke, Virginia 24015 The Robert H. Sandel Revocable Declaration, 3808 Park Avenue, S. W., Roanoke, Virginia 24015 Richard Todd Dickerson, 3818 Park Lane, S. W., Roanoke, Virginia 24015 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 Mer Mar Enterprises of Roanoke, P. O. Box 20269, Roanoke, Virginia 24018 Norfolk Southern Railroad, Three Commercial Place, Norfolk, Virginia 23510 Gilbert E. Butler, P. O. Box 8021, Roanoke, Virginia 24014 The Honorable Brenda Hamilton, Clerk of Circuit Court Robert S. Cowell, Jr., City Manager Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Luke Pugh, City Engineer Susan Lower, Director of Real Estate Valuation Tina Carr, Secretary, City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of February, 2018. No. 41062- 022018. AN ORDINANCE to amend conditions presently binding upon property located at 745 Townside Road, S.W,. conditionally zoned CG, Commercial- General District; and dispensing with the second reading of this ordinance by title. WHEREAS, Chris A. Benson has made application to the Council of the City of Roanoke, Virginia ("City Council "), to amend conditions presently binding upon a tract of land located at 745 Townside Road, S.W., being designated as Official Tax Map No. 5490307, which property is zoned CG, Commercial - General District, with proffers, such proffers being accepted by the adoption of Ordinance No. 40731 - 121916 on December 19, 2016; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, and alter conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on February 20, 2018, 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 application; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to this Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the amendment of the proffers applicable to the subject property, and is of the opinion that the conditions now binding upon a tract of land located at 745 I'ownside Road, S.W., being designated as Official Tax Map No. 5490307, should be amended as requested, and that such property be zoned CG, Commercial - General District, with proffers as set forth in the Zoning Amendment Amended Application No. 2 dated Febmary 13, 2018. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: I. Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect the proffered conditions as set forth in the Zoning Amendment Amended Application No. 2 dated February 13, 2018, so that the subject property is zoned CG, Commercial - General District, with such proffers. 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: rn *' �'ty Cle rk ! Vr Amend pmiPerz - 745 To,, ,,& &c CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: February 20, 2018 Subject: Application by Chris Benson to 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. 40731 - 1 21 91 6 on December 19, 2016, propose to add kennel, outdoor pens or runs, to the list of permitted uses and to remove the condition prohibiting the outdoor boarding of animals. Recommendation The Planning Commission held a public hearing on Monday, February 12, 2018. By a vote of 6 - 0, with Commissioner Russell absent, the Commission recommended approval of the rezoning request, finding that the Amended Application No. 1, as amended at the hearing and subsequently submitted as Amended Application No. 2, is consistent with the City's Comprehensive Plan, Franklin Road /Colonial Avenue Plan, and Zoning Ordinance as the amendment to conditions would allow a use that could be appropriate to the surrounding area to be pursued as a special exception by the applicant. Application Information Request: Amendment of Proffered Conditions Owner: Chris A. Benson Applicant: Same as listed above Authorized Agent: N/A City Staff Person: Katharine Gray, Land Use and Urban Desi n Planner Site Address /Location: 745 Townside Road, S.W. Official Tax Nos.: 5490307 Site Area: 3.998 acres Existin Zonin : CG, Commercial - General District, with conditions Proposed Zoning: CG, Commercial - General District, with conditions Existing Land Use: Kennel, no outdoor pens or runs Proposed Land Use: Mix of commercial uses including kennel, outdoor ens or runs Neighborhood Plan: Franklin Road /Colonial Avenue Plan Specified Future Land Use: Light Industrial Filing Date: Original Application: December 20, 2017 Amended Application No. 1: January 19, 2018 Amended Application No. 2: February 14 2018 Background The property has a long history of zoning for commercial and industrial uses including several conditional rezonings. Some of the previous uses that existed or were proposed for the property include a nightclub; a mini - storage warehouse facility, subject to a special exception (the special exception was never pursued); a warehouse storage facility; and a physical therapy and exercise facility and general office. In December 2016, the applicant rezoned the property from 1 -1, Light Industrial District, with conditions to CG, Commercial - General District, with conditions, to allow the property to be used as a kennel, no outdoor pens or runs. Since that time the City's zoning ordinance has been amended to allow a kennel, with outdoor pens or runs, as a use by special exception in the CG District. The applicant filed an application in December 2017 to amend the conditions to allow them to pursue a kennel, with outdoor pens or runs, through the special exception process. Proffered Conditions The applicant proposes two amendments to the current conditions on the property. The first amendment would add a kennel, outdoor pens or runs, as one of the uses permitted on the property. A kennel with outdoor pens or runs requires a special exception in the CG district. (The complete list of uses as proposed are: 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; kennel, 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 second amendment would remove a specific restriction on the outdoor boarding of animals. Note: Amended application No. 1 does not specifically list the Kennel, outdoor pens or runs, as requiring a special exception. Staff has recommended to the applicant that an amended application be filed to address this issue. Considerations The property is a large commercially zoned parcel with many conditions surrounded by the expressway, residential properties, and a commercial property. A kennel, no outdoor pens or runs, currently occupies the property. Surrounding Zoning and Land Use: Compliance with the Zoning Ordinance: The amendment of the conditions to expand the use of the property to a wider range of uses permitted in the CG district, by right or by special exception, does not affect compliance of the property with the current CG district provisions. Any future development of the property is subject to dimensional and development standards of the ordinance and would remain subject to the additional proffers restricting land use and development. Furthermore, the additional use proposed is permitted only by a special exception issued by the Board of Zoning Appeals (BZA). The special exception process includes a second public process in which conditions can be imposed by the BZA. 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: Zoning District Land Use North Expressway with R -12, Residential Expressway with detached Single Family District beyond single family dwellings beyond South RMF, Residential Multifamily District Dwelling, multifamily East CLS, Commercial Large Site District Small shopping center and and RMF, Residential Multifamily Dwelling, multifamily District West Expressway and RMF, Residential Expressway and Dwelling, Multifamily District multifamily Compliance with the Zoning Ordinance: The amendment of the conditions to expand the use of the property to a wider range of uses permitted in the CG district, by right or by special exception, does not affect compliance of the property with the current CG district provisions. Any future development of the property is subject to dimensional and development standards of the ordinance and would remain subject to the additional proffers restricting land use and development. Furthermore, the additional use proposed is permitted only by a special exception issued by the Board of Zoning Appeals (BZA). The special exception process includes a second public process in which conditions can be imposed by the BZA. 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 PS. 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 commercially zoned property that stood vacant for decades has been used as a kennel, no outdoor pens or runs, for the past year. 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. 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 seven comments from the public regarding the zoning amendment application. Six, including the managing member of the two adjacent apartment complexes and two emails written on behalf of particular residents, were opposed to the change. The concern is that allowing dogs to be outside will result in an increase in noise that would negatively impact the surrounding residents. The last comment stated the need for more connectivity to the neighborhood. Planning Commission Work Session (January S. 2018) The primary items discussed in the Planning Commission Work Session were related to how the ownership of the property was listed on the application (personal vs. business name). Otherwise, it was noted that the applicant has done a good job of renovating the building. The Applicant subsequently filed Amended Application No.l aligning the application with the ownership of the property. 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 designations for more intensive commercial and industrial uses. The proposed change could allow the existing kennel operation to be expanded to include outdoor pens or runs, pending approval of a special exception. The lot is large in area and abuts the U.S. Route 220 expressway and could be suitable for outdoor pens or runs. There has also been concern expressed about the potential for noise as it relates to adjacent residential property. Staff recommends approval of this application provided the application is amended to specifically state that a kennel, outdoor pens or runs is permitted by special exception. Such recommendation is based on the knowledge that the BZA would consider that specific use further as part of the special exception process which includes public comment and hearing. The BZA could then approve an application, approve an application with conditions to keep the use compatible with the surrounding area, or deny the application. The special exception could also be revoked by the BZA if conditions are violated. Planning Commission Public Hearing (February 12 2018): Six additional comments were received after the staff report was written and before the public hearing. They were distributed to commissioners at the public hearing. All six comments were in opposition to the change proposed at 745 Townside due to noise. Two public comments were received at the public hearing in opposition to the amendment of conditions. The primary concern of the speakers was noise if the dogs were to be outside. Kermit Hale, Chair City Planning Commission c: Robert S. Cowell, Jr., 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 Chris A. Benson Department of Planning, Building and Development FES 14 2018 Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. CITY OF ROANOKF Roanoke, Virginia 24011 PLANNING BUILDING s Phone. (540) 853 -1730 Fax: (540) 853 -1230 DF VFi_OPMFNT Filing Date:[ /-.T f6 zyi� �!!INlltl��lf kf�.7L t�k apA11F�1 ❑ Rezoning, Not Otherwise Listed ROANOKE Clkk Hereto Pdnt Submittal Number: [ f6pl ew- , ;s ,, ';a� _�— ❑ Rezoning, Conditional ❑ Rezoning to Planned Unit Development ❑ Establishment of Comprehensive Sign Overlay District k!Pkmendment of Proffered Conditions ❑ Amendment of Planned Unit Development Plan ❑ Amendment of Comprehensive Sign Overlay District ____ +nsa -: 4tli l Address: OlBcial Tax No(s).: [ Sj�O 30J Existing �❑,1 Without Conditions Zoning: C 6- ITV With Conditions j ❑ Planned Unit Development Requested ' ❑ Without Conditions Zoning: CG' - Wth Conditions ❑ Planned Unit Development Ordinance No(s). (If applicable):, Proposed Lard Use Jl J1' [ O 2 fi!!VS �gply� u�r InhnnaWntl Name: Phone Number: Address: YA] E -mall: Lau'�,:.vf�c.edJ��ov.a oryey Name: Phone Number. Address: E-mail: Name: Phone Number: Address: I E -mail: The following must be submitted for all applications: Completed application form and checklist. � Wntten narrative explaining the reason for the request. Metes and bounds description, if applicable. Filing fee. For a rezoning not otherwise listed, the following must also be submitted: r Concept plan meeting the Application Requirements of item'2(c)' in Zoning Amendment Procedures. For a conditional rezoning, the following must also be submitted: ROANOKE Written proffers. See the Citys Guide to Proffered Conditions. Concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures. Please label as r 'development plan' if proffered. For a planned unit development, the following must also be submitted: F Development plan meeting the requirements of Section 36.2 -326 of the Cils Zoning Ordinance. For a comprehensive sign overlay districl, the following must be submitted: r- Comprehensive signage 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, r if applicable. o><Orisen proffers to be amended. See the City's Guide to Proffered Conditions. Copy of previously adopted Ordinance. F a planned unit development amendment, the following must also be submitted: r Amended development plan meeting the requirements of Section 36.2 -326 of the Citys Zoning Ordinance. F- Copy of previously adopted Ordinance. For a eomprehsnsive sign overlay amendment, the following must also be submitted: I— 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, Ith following must also be submitted: F- A Traffic Impact Study in compliance with Appendix B -2(e) of the Citys Zoning Ordinance. For a proposal that requires a traffic Impact analysis be submitted to VDOT, the following must also be submitted: F- Cover sheet. F- Traffic impact analysis. I— Concept plan. F- Proffered conditions, if applicable. 7- Required fee. 'An electronic copy of this application and checklist can be found at www. roanokeva .gov /planningcommission. A complete packet must be submitted each time an application is amended, unless otherwise specified by staff. Narrative for the property of 745 Townside Road SW I purchsed the property located at 745 Townside Road SW Tax Map No. 5490307 because of its many appealing properties. The building has been remodeled to contain my business which is a boarding, grooming, daycare, self service grooming and dog boutique. we have indoor runs and modern glass kennels to allow the clients the best care while the owners are away. These kennels were supplied to us by Snyder Mfg. We have created an indoor space allowing them to get exercise but we are lacking the space outside for them to use. The proposed application satisfies the purposes of the City of Roanoke Zoning Ordinances and the purposes of the CG District as well 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. I have 3.998 acres of which most of it is unused which could be a huge benefit for me to have the dogs supervised outside while providing them the security of a fenced yards. The dogs entering the fenced areas will be outside only during regular business hours from 7 am to 5 pm. At 5 pm all dogs are brought in for feeding and between 5 and 7 they have individual potty breaks before closing at 7 pm. All of this is consistent with reasonable operating habits for a boarding kennel. N _ e 11NIONIA VON S83Nf Yid sum an stl 6 ov 10 Jd S3.LVIJOSStl N30SW0'1 ^ [ a p ! g dt;@ pax'�s Jai BO I ie9 1 a a �l!e3�i y19 f! !!NP f - a"Y —N M4" " ! e Ire, ro�ro°nw. » ` ' X \ \} „ • � �: j .. � � Z � � . $ ~ &E ¥ ®K j 4 : w ; C f0 IL °? 4t. �r s F dd "+ 8 �e - A o � �w u B 4 '. �.. < q w i R M i et B E 4 Untitled 6 2/13/18, 10 53 PM Amendment of proffered conditions for property totaling 3.998 acres, more or less, Identified as 5490307. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE; Chris Benson is the owner of a parcel of property containing 3 998 acres more or less, which is identAied as Tex Map No 5490307 and sffuate at 745 Townside Road SW. CH[f r fe Wrp it's 4 9 is the applicant of a request for amendment of profereo conditions of the parcel of vb �rroa property containing 3 998 acres for the purpose of adding an additional use Kennel, outdoor pans antl runs. The owner hereby requests that the following proffered conditions enacted by Ordinance No. 40731- 121916 be amended or repealed, as noted below, as they pertain to official Tax No, 5490307. 1. The property shall be used only for the following uses. Business service establishment, not otherwise listed; Financial Inshbutum, 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; Kemal, no outdoor pens or runs; Kennel, ou cirpens m runs (subject ro go issuance ota special exception) Mixed -use building; C IF Bakery, confectionary, or similar food production, 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, rot otherwise listed (as en accessory use only); Ea ing establishment; Heath and Waste center; Pagel of 1 Untried 8 Daycare center, adult; Daycare center, child; and Accessory uses, not otherwise listed in the use table as permitted uses. 2. That no sign, Inducting one painted on the side or rear of building, shall be visible from the adjacent expressway (Route 22011Merstate 581). 3. The following proffers shall relate to lighting; (A) Any outdoor light fixture shall be full cutoff fixture or a decorative azure 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 atoff optics" shall mean an outdoor light fixture with manufactured-provided or manufacturer - installed full cutoff optics. (B) The spillover of lighting from any parking area on the subject property onto pudic rights-of-wary or abutting property in residentially zoned districts shall not exceed one -haM (0.5) foot candle at the property line. (C) Any outdoor lighting in the parking areas shall not exceed twelve (12) feet in the height. The maximum height shall apply to the height of the poles or omer standards to which the fixtures are attached bell, whichever is higher. G; wn i a p ro Olhri3:T°- uo 9A2= 2113/18. 11 18 PM Page 1 of 1 IN'I'I Ili C(IIINCII.0i: l'I Ili ('I'IY OI' ltOANOKP_ VIRGINIA r•hc I4th doy of Ih•c embv r', 7016. Nn. 40731 121916. AN ORDINANCE to Vy.one ccrtnin properly located at 745 Townside Road, S.W., from 11, Light Industial Dislricl, to ('Ci, C'ommereial- General District, subject to certain conditions proflbrcd by the applicant; and dispensing with the second reading of this ordinance by title. Wf 1FREAS, Chris Denson, 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 I -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 mid 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 ncccssiI y, convenience, gc Ile rol wellhrc and good znni ng praclice, recµtire the rezoning of the sohjcct property, and liv those reasons, is ofthe opinion Ihilt the hereinafter described pmperly shoe ltl he rezoned :is herein provided. I TIHRHPOI?F. 131: If OR DAINRD by the Council of the City of Roanoke that: Section 16.2 -100, Code of the City of Roanolco (1979), as amended, and the Official %erring Map, City of Roanoke, Virginiu, dstcd December 5, 2005, as amended, be amended to reflect that Official lax 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- Genanl District, subject to certain conditions proffered by the applicant, as set forth 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: i City AA EXIq"l C fDNDITiGtJS t� Rezoning of property totaling 3.998 acres, more or less, identified as 5490307 from 1 -1 (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. 'I he 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 tThe 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; 23 100/ 1m24571,4 Bakery. confectionary, or similar food production, 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 ase 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. by the City Saaff dwing the eeniffelle"9iYe 3. 'chat no sign, including one painted on the side or rear of the building, shall be visible from the adjacent expressway (Route 11011niersiale 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 23 ioo- tmzatn,a 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 maximunl 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) (4a14nOF llglilN}g4Fifornl . I prepen5 hall be submitted dw "fn g'uornPfthensive LluVelNpnteftl Fe 8wh inlomicaian shall (i) beeation of all ....a___ lighting fim _,._ :__Laing the sae'h- fistures; (ii) Plans - indiuminthe lasati on e;.-the propany, and the type, S"Ppaos, Nfleetan and other devises; fHaftUIUekUF"Fq, shaming the m8le of out off of ligh! emissie"91 a 2310007245714'4 lighting proAiars: _.. �. - {r�µµiancyssh,4 -pkaNU mxixnum offitieon {15)2" ealiper deciduousireetrwithin cinder bbcke oalei siding: 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. W I IEREFORh., 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. 23100/1/ 7245714 ZONING DISTRICT MAP 745 Townside Road SW Official Tax Parcels: 5490307 ®Area to be Rammed Zoning AD: Astrid Dev CG Commercial - General CLS: Commercial -Large Site CN: Commercial - Neighborhood D: Downtawn 1 -1: Light Industrial _z 1 -2. Heavy Industrial = IN Institutional INPUD: Institutional Planned Unit Dev IPUD: Industrial Planned Unit Dev MX: Mixed Use MXPUD: Mixed Use Planned Unit Dev R -12: Res Single - Family R -3: Res Single - Family R8 Res Single - Family R -]: Res Single - Family RA: Res - Agricultural RNI Res Mixetl Density RM -2: Res Mixed Density RMF: Res Multifamily ROS: Recreation and Open Space - OF Urban Fax r t Conditional Zoning t.. N 0 200 400 Feet W +E —d i S t 3 3� R -12: Res $inglo-Family Adjoining Property Owners for 745 Townside Road, S.W. (Official Tax Map No. 5490307) TAXID MailAddress MailCity MailState Zip LocalAddress LocalCity Zip Ownerl 1390201 3750 DOGWOOD LN SW ROANOKE VA 24015 3750 DOGWOOD LN SW ROANOKE 24015 KEELEY ROBERT C & BARBARA T 1390202 3736 DOGWOOD LN SW ROANOKE VA 24015 3736 DOGWOOD LN SW ROANOKE 24015 CHAMBERLAIN CHARLES B & BRIDGET O 1390203 3726 DOGWOOD LN SW ROANOKE VA 24015 3726 DOGWOOD LN SW ROANOKE 24015 HAWLEY GERALD R & SHARON A 1390204 3716 DOGWOOD LN SW ROANOKE VA 24015 3716 DOGWOOD LN SW ROANOKE 24015 BUSCHOR MARILYN J 1400208 3808 PARK AVE SW ROANOKE VA 24015 3808 PARK LN SW ROANOKE 24015 THE ROBERT H SANDEL REVOCABLE DECLAR 1400209 3818 PARK LN SW ROANOKE VA 24015 3818 PARK LN SW ROANOKE 24015 DICKERSON RICHARD TODD 1400210 3834 PARK LN SW ROANOKE VA 24015 0 PARK LN SW ROANOKE PETERS ILENE N 1400211 3834 PARK LN SW ROANOKE VA 24015 3834 PARK LN SW ROANOKE 24015 PETERS ILENE N 1400212 3834 PARK LN SW ROANOKE VA 24015 0 PARK LN SW ROANOKE PETERS ILENE N 1400217 3862 PARK LN SW ROANOKE VA 24015 0 PARK LN SW ROANOKE LEX THERRON DANIEL 5490208 PO BOX 8021 ROANOKE VA 24014 3787 SOUTHWAY DR SW ROANOKE 24014 SUMMERTREE APARTMENTS LLC 5490208 PO BOX 8021 ROANOKE VA 24014 3787 SOUTHWAY DR SW ROANOKE 24014 SUMMERTREE APARTMENTS LLC 5490208 PO BOX 8021 ROANOKE VA 24014 3787 SOUTHWAY DR SW ROANOKE 24014 SUMMERTREE APARTMENTS LLC 5490208 PO BOX 8021 ROANOKE VA 24014 3787 SOUTHWAY DR SW ROANOKE 24014 SUMMERTREE APARTMENTS LLC 5490208 PO BOX 8021 ROANOKE VA 24014 3787 SOUTHWAY DR SW ROANOKE 24014 SUMMERTREE APARTMENTS LLC 5490208 PO BOX 8021 ROANOKE IVA 24014 3787 SOUTHWAY DR SW ROANOKE 24014 SUMMERTREE APARTMENTS LLC 5490208 PO BOX 8021 ROANOKE VA 24014 3787 SOUTHWAY DR SW ROANOKE 24014 SUMMERTREE APARTMENTS LLC 5490208 PO BOX 8021 ROANOKE VA 24014 3787 SOUTHWAY DR SW ROANOKE 24014 SUMMERTREE APARTMENTS LLC 5490208 PO BOX 8021 ROANOKE VA 24014 3787 SOUTHWAY DR SW ROANOKE 24014 SUMMERTREE APARTMENTS LLC 5490208 PO BOX 8021 ROANOKE VA 24014 3787 SOUTHWAY DR SW ROANOKE 24014 SUMMERTREE APARTMENTS LLC 5490302 PO BOX 8021 ROANOKE VA 24014 711 TOWNSIDE RD SW ROANOKE 24014 EDGEHILL ESTATES APTS LLC 5490302 PO BOX 8021 ROANOKE VA 24014 711 TOWNSIDE RD SW ROANOKE 24014 EDGEHILL ESTATES APTS LLC 5490305 PO BOX 8021 ROANOKE VA 24014 726 TOWNSIDE RD SW ROANOKE 24014 EDGEHILL ESTATES APTS LLC 5490307 3112 FRANKLIN RD SW ROANOKE VA 24014 745 TOWNSIDE RD SW ROANOKE 24014 BENSON CHRIS A 5500116 PO BOX 20269 ROANOKE VA 24018 3535 FRANKLIN RD SW ROANOKE 24014 MER MAR ENTERPRISES OF ROANOKE 9999999 THREE COMMERCIAL PL NORFOLK VA 1235101 1 IWRt2LK SOUTHERN RAILROAD 9999999 ITHREE COMMERCIAL PL NORFOLK IVA 1235101 1 NORFOLK SOUTHERN RAILROAD The Roanoke Times Account Number Roanoke, Virginia 6029306 Affidavit of Publication Date ('.I IY OF ROANOM -PI ANN IN February 06,2018 AlL, TINA CARR 215 CHURCH AVENUE SW SUI IE 456 NOLL C TAYLOR MUNICIPAL. BUILDING ROANOKE, VA 24011 -1536 Date Category Descriplion Ad Size Total Cost 0211212018 Legal Notices PUBLIC HEARING NOTICE Any public hearings advertised M 1 x 1941 1,839.28 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 PUBLIC HEARING NOTICE A was published in said newspapers on the following dates: 01/30, 0210612018 The First insertion being given ... 01/3012018 Newspaper reference: 0000691780 / /Y U C,— - //7 /i /In lA Billirkj- Wpresentative (• Sworn to and subscribed before me this Tuesday,, February 6, 2018 _.rl/L, %` A ' /hrotary rpouC / 'PP:.:::.. State of Virginia l� V = NOTARY PUBLIC CitylCounTy of Roanoke Z*: 1 #332964 My Commission expires MY COMMISSION PIKE PUBLIC NEARING NOTICE Ally public meanings advertised herein wall be heW is The city Council chamber, learn final Care 450, and C. IDVlur Municipal Building. 215 C hurch Avunnp SW., Roanoke, Vbyinia- Any applications will b¢ vall.Tble far myr. a the Plann ng. i iimhunsl, E Dwelopenor office, nest llum. Real' 166 215 Imed, Avenue, S. W., Fannie, Yrglnia. The City of Roanoke Planning Commission will hold public hearings on February 12, 2018, at 1:30 p.m., or as heon thereafter as the matters may be ard, to consider these applications: Application by Chris Benson to amend the conditions proffered as part ofd Weviaus m ring at 245 Townslde Road, SW., bearing Official Tax Map No, 54903l The amroffea is to the OnllnncecceNo by 40131 121916 op of am December lA 2016, propose to add kennel, paid.., pens or runs, to the list of perm se iltl us and W Arnow, the condition pool the outdoor specified and a maximum floor area ratio of 5,0 The comprehanoll Ian designates the Property for fight industrial use, but does not sperify driver. The roomed use of the property is a kennel, with outdoor pens A, larre Application by F.V. Cemetery Company, Inc_ to rezone the following properties the western portion ,1252 31st Street, N W., that extents 200 In an easterly direction from its bounden with to use with no density specified, The Proposed Use of the property is c¢melCry. Application by SWW In ... bents Cm, LLB, to repeal and replace conditions proffered as part of a previous rezoning at 1919111th SL, I, bearing Chiral Sac No, 2060514 n,, conditions prepnsed Ira ..peal, accepted Ihmuyb the adoption of ONmance No 39865021814, else Il development In performance with a deveiopm ml plan at building gevations with pmlWmd conditions du2ng s,,.age fencing, antl A list of may oo EiBUDDL A allowing only the fullowiny business establishment, �nol oNmwise sllsleIt Treenail Institution; Anomaly, dental medical, or optical, office, general or ".I ...... al. office, general professional, large scale; outdoor idvarllsfno 'an retail sales lire, police, or plan dated January 25, 2016. showing A new building, a new conflgumtlon of site development with the existing outdoor rlverllo., signs, And dimensional mgulahonsi a building elevation plan dated December 12. 2017: and a list at permRtea use Adding the follmving u s to the previous list of permitted uses', personal service establishment, not otherwise listed; community marker, bakery, ...lectionary , or similar food production, retail: general s establishmenb not otherwise listed: pet grooming; community center; utility dslrihurma or collerhon, bas, and gasoline station: antl removing the fallowing use: resident manager apartment. The use gases permitted ratio of 5.0. The comprehensive plan designates the property for light anufacwring use. The Proposed use of the property Is A mixed use budding to Include retail sales establishment and gasoline statnen Tina M. Caro Secretary , City Planning Commission City Council will hold public hearings In the aforesaid applications o February 20, 2018, at 7:04 p.m, or as heon thereafter as the maters may be ard. Citizens are advleed that the date On which these manors will be heard is A departure from the usual date an which such matters are heard by City Council. Any person with a disability requiring any special ac modafion to attend or participate In the hearings should contact the City Clerk's office at (540) 853 -25al at least live days prior to the scheduled hearings. Sir dirmn 61. hlnun Or "I6, MMC, City Cl, IF The City of Roanoke Board of Zoning Appeals will hold Public heaingz an February 14, 201& at 1:00 pm„ or as nn 1Mrealter as the matters may he hered,la consider these eppllcatlmn, Apphistinm by Judith Shamir far prol lumled At 410 Do, Avunuo. 5W -, bveh" Olfipal Tax Map No 1020107 conch RM -I, Residential Mixed Density District, tar a so lal exception pursuant to Sdclion 362 -311, Zoning, Code al the City of Roanoke (19297, a z a mended, to establish a hounnuty Application by Bret Flory for property located at 3130 Franklin Road, S.W., bearing Official Tax No 1300413, zoned CG, Commercial General District, for a special exception pursuant to Section 3fi A315, Zoning. Code of the City of Roanoke (1929) , as amended, to establish A mold, vehicle or thole, painting antl body moan. shop At this location. Bunn, M. Payne Secretary . City Board of Zen.,, Appeals (691(80) PUBLIC HEARING NOTICE ®� PUBLIC HEARING NOTICE Any 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. Any applications will be available for review in the Planning, Building, & Development office, first floor, Room 166,215 Church Avenue, S.W., Roanoke, Virginia. The City of Roanoke Planning Commission will hold public hearings on February 12, 2018, at 1:30 p.m., or as soon thereafter as the matters may be heard, to consider these applications: Application by Chris Benson to 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. 40731 - 121916 on December 19, 2016, propose to add kennel, outdoor pens or runs, to the list of permitted uses and to remove the condition prohibiting the outdoor boarding of animals. 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 outdoor pens or runs. Application by F.V. Cemetery Company, Inc., to rezone the following properties: the western portion of 752 31st Street, N.W., that extends 200' in an easterly direction from its boundary with Fairview cemetery; 744 31 st Street, N.W.; 742 31 st Street, N.W.; and 736 31st Street, N.W.; bearing Official Tax Map Nos. 2530107, 2530123, 2530113, and 2530122, respectively, from RM -1, Residential Mixed Density District, to ROS, Recreation and Open Space District. The land use categories permitted in the Recreation and Open Space District include accommodations and group living; commercial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory. The comprehensive plan designates the property for two - family use with no density specified. The proposed use of the property is cemetery. Application by S W W Investments Co., LLC, to repeal and replace conditions proffered as part of a previous rezoning at 1919 10th St., N.W., bearing Official Tax No. 2060534. The conditions proposed for repeal, accepted through the adoption of Ordinance No. 39865- 021814, require development in conformance with a development plan and building elevations with proffered conditions including signage, fencing, and a list of uses on Exhibit A allowing only the following uses: business service establishment, not otherwise listed; financial institution; laboratory, dental medical, or optical; office, general or professional; office, general or professional, large scale; outdoor advertising sign; retail sales establishment, not otherwise listed; live -work unit; mixed- use building; workshop; eating establishment; health and fitness center; artist studio; community garden; tire, police, or emergency services; government offices or other government facility, not otherwise listed; wireless telecommunications facility, stealth; agricultural operations, and resident manager apartment. The applicant proposes to proffer a new development plan dated January 25, 2018, showing a new building, a new configuration of site development with the existing outdoor advertising signs, and dimensional regulations; a building elevation plan dated December 22, 2017; and a list of permitted uses adding the following uses to the previous list of permitted uses: personal service establishment, not otherwise listed; community market; bakery, confectionary, or similar food production, retail; general service establishment, not otherwise listed; pet grooming; community center; utility distribution or collection, basic; and gasoline station; and removing the following use: resident manager apartment. 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 a maximum floor area ratio of 5.0. The comprehensive plan designates the property for light manufacturing use. The proposed use of the property is a mixed use building to include retail sales establishment and gasoline station. Tina M. Carr, Secretary, City Planning Commission City Council will hold public hearings on the aforesaid applications on February 20, 2018, at 7:00 p.m., or as soon thereafter as the matters may be heard. Citizens are advised that the date on which these matters will be heard is a departure from the usual date on which such matters are heard by City Council. 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 hearings. Stephanie M. Moon Reynolds, MMC, City Clerk The City of Roanoke Board of Zoning Appeals will hold public hearings on February 14, 2018, at 1:00 p.m., or as soon thereafter as the matters may be heard, to consider these applications: Application by Judith Starchild for property located at 418 Day Avenue, S.W., bearing Official Tax Map No. 1020107, zoned RM -1, Residential Mixed Density District, for a special exception pursuant to Section 36.2 -311, Zoning, Code of the City of Roanoke (1979), as amended, to establish a homestay. Application by Bret Flory for property located at 3130 Franklin Road, S.W., bearing Official Tax No. 1300413, zoned CG, Commercial General District, for a special exception pursuant to Section 36.2 -315, Zoning, Code of the City of Roanoke (1979), as amended, to establish a motor vehicle or trailer painting and body repair shop at this location. Donna M. Payne, Secretary, City Board of Zoning Appeals Please publish in newspaper on Tuesday, January 30, 2018, and Tuesday, February 6, 2018 Please bill and send affidavit of publication to: Tina M. Carr Secretary to the Planning Commission Planning, Building, & Development City of Roanoke Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 166 Roanoke, VA 24011 540/853 -1730 tina.carr &roanokcva.gou Donna M. Payne Secretary to the Board of Zoning Appeals Planning, Building, & Development City of Roanoke Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 166 Roanoke, VA 24011 540/853 -1730 donna.payne(droarokeva.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 r CITY 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 S'I'FI'11ANI6 M. MOON REYNOLDS, MM( F. -mail: cicrk(n!ronnnkcvx'Fuv CECELIA F. MCC'OY C'Ity Clerk Deputy City Clerk January 31, 2018 CECELIA T. WEER, CMC Assistant Deputy City Clerk Chris A. Benson 3112 Franklin Road, S. W. Roanoke, Virginia 24014 Dear Mr. Benson: A public hearing has been advertised to be heard by the City Planning Commission on Monday, February 12, 2018 at 1:30 p.m., in the Council Chamber, Fourth Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding your request to amend the conditions proffered as part of a previous rezoning at 745 Townside Road, S.W. (See copy of the Public Hearing Notice attached.) 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 Tuesday, February 20 at 7:00 p.m. before the Roanoke City Council in the Council Chamber, pending formal action by the City Planning Commission, which may be viewed on the City's webpage, www.roanokeva cov, under "Roanoke Planning Commission News ", following its meeting on February 12. 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, � C— z Stephanie M. Moon Reynold City Clerk Enclosure tr� 2 CITY OF ROANOKE OFFICE OF THE CITY CLERK _ 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 11.x (540)853 -1145 SI'IJ'IIANIF: M. MOON REYNOLDS, MM(' L -nmil: elerk(nnnnnnkevn . gov (-R ELIA F. MC(OV 00 (CIC:'k Dep„ly lily ('lerk January 31, 2018 CECELIA T. WEBB,('MC ry A,,knot DoOnp ('qv clerk Robert C. and Barbara T Keeley Ilene N. Peters Charles B. and Bridget O. Chamberlain Therron Daniel Lex Gerald R. and Sharon A. Hawley SummertreeApartments, LLC Marilyn J. Buschor Edgehill Estates Apartments, LLC The Robert H. Sandal Revocable Mar Mar Enterprises of Roanoke Declaration Norfolk Southern Railroad Richard Todd Dickerson Ladies and Gentlemen: A public hearing has been advertised to be heard by the City Planning Commission on Monday, February 12, 2018 at 1:30 p.m., in the Council Chamber, Fourth Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request of Chris Benson to amend the conditions proffered as part of a previous rezoning at 745 Townside Road, S.W. (See copy of the Public Hearing Notice attached.) 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 Tuesday, February 20 at 7:00 p.m. before the Roanoke City Council in the Council Chamber, pending formal action by the City Planning Commission, which may be viewed on the City's webpage, www.roanokeva oov, under "Roanoke Planning Commission News', following its meeting on February 12. 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, qSincerely, �� MQ f�M�MGM' "( VI`�� -' Stephanie ie M. Moon R ld C City Clerk Enclosure Zoning Amendment ApplicatIOWCEIVED 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) January 19, 2018 —� Reppeat (select all that apply): JAN 19 2018 CITY OF ROANOKE PLANNING BUILDING a DEVELOPMENT Submittal Number Amended Application No .1 ❑ Rezoning, Not Otherwise Listed ❑ Rezoning, Conditional ❑ Rezoning to Planned Unit Development ❑ Establishment of Comprehensive Sign Oveday District Pmpili ty Infonnatlon• Address: 745 Townslde Road, SW Official Tax No(s).: /5490307 ROANOKE Click Hereto Pnnl n❑ Amendment of Proffered Conditions ❑ Amendment of Planned Unit Development Plan ❑ Amendment of Comprehensive Sign Overlay District x] With Conditions Existing Base Zoning CG_ (If multiple zones, please manually enter all districts.) 1�.J{ ❑ Without Cond tons Ordinance Nols). for Existing Conditions (If applicable): 40731- 121916 Requested Zoning: CG _ [x] With Conditions proposed Kennel with outdoor pens or runs ❑ Without Conditions Land Use: Pielle1ny Owner loklmattea: Name: Chris A. Benson Phone Number: sz1 -1430 Address: F ( Road, SyJrRea ake, VA 24014 E -Mail: cbowhn9docto"oI.com ropedy pr's Sigh e'. Appllicant Inforneivitheis Dt dWerolM helm 41dme[$ New N/A Phone Number. Address: I E -Mal: Applicant's Signature' Aat (H apyLLraWei: Name: N/A Phone Number. Address: E -Melt Authorized Agerr's Signature Zoning Amendment Application Checklist t The following must be subniHed for all applications: R O A N O K E x Completed application form and checldisl x Wntlen narrative explaining the reason for the request. Metes and bounds description, if applicable. Filing fee. For a rezoning not otherwise listed, the following must also be submitted: Concept plan meeting the Application Requirements of Item'2(c)' m Zoning Amendment Procedures. For a condittonal rezoning, the following must also be submitted: Written proffers. See the City's Guide to Proffered Conditions. Concept plan meeting the Application Requirements of item'2(c)' in Zoning Amendment Procedures. Please label m 'development plan' if proffered. For a planned look development, the following must also be submitted: Development plan meeting the requirements of Section 36.2.326 of the Citys Zoning Ordinance. For a comprehensive sign overlay diaMct, the following must be submitted: Comprehensive signage plan meeting the requirements of Section 362.336(d)(2) of the Citys 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. x Copy ofpreviously adopted Ordinance. For a planned urdt development amendment, the following must also be submitted: Amended development plan meeting the requirements of Section 362 -326 of the City's Zoning Ordinance. Copy of previously adopted Ordinance. For a compreherreive sign overlay amendment the following must also be submitted: Amended comprehensive signage plan meeting the mquimmerds of Section 36.2 -336(d) of the Cils Zoning Ordinance. Copy of previously adopted Ordinance. For a proposal that requires a traffic impact study be submitted to the City, the following must also be submitted: A Traffic Impact Study In compliance with Appendix B -2(e) or the City's Zoning Ordinance. For a proposal that reglrires a traffic Impact analysis be submitted to VDOT, the following must also be submitted: Cover sheet. Traffic impact analysis. Concept plan. Proffered conditions, if applicable. Required fee. 'An electronic copy of th s application and clwckrist can be found at www.manokevaAovypbd by selectng'Planning Commss lore under Boards and Commissions'. A complete packet must be submkded each fine an appl cation is amended, unless uherwise spec; ad by staff. Narrative for the property of 745 Townside Road SW I purchsed the property located at 745 Townside Road SW Tax Map No. 5490307 because of its many appealing properties. The building has been remodeled to contain my business which is a boarding, grooming, daycare, self service grooming and dog boutique. we have indoor runs and modern glass kennels to allow the clients the best care while the owners are away. These kennels were supplied to us by Snyder Mfg. We have created an indoor space allowing them to get exercise but we are lacking the space outside for them to use. The proposed application satisfies the purposes of the City of Roanoke Zoning Ordinances and the purposes of the CG District as well 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. I have 3.998 acres of which most of it is unused which could be a huge benefit for me to have the dogs supervised outside while providing them the security of a fenced yards. The dogs entering the fenced areas will be outside only during regular business hours from 7 am to 5 pm. At 5 pm all dogs are brought in for feeding and between 5 and 7 they have individual potty breaks before closing at 7 pm. All of this is consistent with reasonable operating habits for a boarding kennel. I .1 i .Mr.r.w 'Vi)l 4u - -.`_ R .i 6t''. „ -1, e . _- 11 e� ■ 1 'i R gee l I m� I I ) k - :� < . w � ,f• �� A 2r � \ . : , z AW.A �k � «a - -¥ . \ 7 � §� # § (| ; ; � , n. P.' � J .tea <y 141.1 4 r � x a`+ 7 � ♦ f �s v r 4 ; .► r 4W R 8 E 4 s E ' a °e a a e 0 0 g G � - Amendment of proffered conditions for property totaling 3.998 scree, more or lose, Idemsled as 5498387. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE C(rY OF ROANOKE; Chris Benson Is the owner of a perch of property containing 3.999 was mme or less, which is IdentMnd ae Tex Map No. 5498387 and situate at 745 TawneMe Road SW. puppy" lid. Is the appkam at a request for amendment at proffered conditions of the paroel of property mmelnkV 3.998 scree for the "mot of adding an addltbnel use: Kennel, outdoor pens ornrns The owner hereby requests that On lesowi g proffered oondelons enaaed by Ordinance No. 4W31- 121918 be amended or repealed. as noted below, as the peneln to olscial TMs No. 5498387. 1. The property shag be used on for the following uses: Business service establishment, not omerWlx Bated; Financial Imidlu on: Laboratory, dermal, medical, or optical; Labmalory, leading and research; Medical clinic; Omcs, general and professional; Animal hospital or veterinary clink, no ourdnor pew or runs; Kennel, no enrdoor pens or runs; Kemal, ouMoorpens or runs; MkerFus bustling; Baldry, comacllona y. or smaller food proAA;tbn, MWI; Conbacbrortredenam% shop, general or spacial trade: Personal service eetaMiehmem, not otherwise sled In the use table; Pet grmmYg; ROW sail estal"mmm, not otherwise gated (s an accessory use only); Workshop: Eating establishment: Hoehn and fitness center; United Daycare center, adult; Daycare center, child; ahrd Amewoy uses, not otherwise hoed in the use table as pxmited use& 2. That no sign, including one psloted on the aide or rear of buingng, shall be viable from rut adjacent expreanwey (Bode 22011Meretxe 581). 3 The following pmlrxs shall rekts b Oghft; (A) Anyauldoor light theme" be M culo88xam ore decoratlw tshhre with full cuing cps A'tuN chaff fWtuW Mel mean an auadcar light mime shielded in such a mannerthal all lights bytheW ",~dhactlyhrnnthelamparindrady from the fixture, Is brooded below fed horizontal pie. A'dxmalbe Mum with ha cutoff oplba' shall mash an outdoor Igtd bnure wish hwwMduredprouNed or manWaaeer• heWlod full mob clothe. (B) The sPabver of lglaep from any puling area on the subjecl property onto public ripmaohwsy or Muting property In realdentlaNy zoned dselda that not exceed on het (0.5) root cents at the properly are. oce halt (0.5) foot candle at go property the. (C) Any oush m 1119MV In the puling srxs shat not scroedtweee (12) IM b gls height The madmum halgM shall apply to the hsWA of the pdee mother standards to which the glum she Mached IeeB. whichever Is higher. 12NOM7, 8'.40 PM pop d1 IN TI Ili C01INC91. UP ll Ili CITY 01- ROANOK B. VIRGINIA The 14111 day of aor ember, 2016. Nn. 40731 - 121916. AN ORDINANCR lu reramc certain property located at 745 Townside Road, S.W. from 1- 1, Light Industrial District, to CO. Cummumial- Oenerul Dislccl, subject to curtain conditions prolYured by the applicant; and dfspcming with the second reading of this ordinance by title. W1IEREAS, Chris Benson, on behalf of Puppyland, Ltd., has made application to the Council of the City of Rorawke, Virginia ( "City Council "), to have am property located at 745 Townside Road, S.W., bearing Official Tax Map No. 5490307, rezoned from 1 -1, Light Industrial District, with conditions, to CO, 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, o 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 §362- 540, Code of the City of Roanoke (1979), as amended, at which hearing all panda 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 Conanission, the City's Comprehensive Plan, and the masters presented at the public bearing, finds that the public necessity, convenience, general well'urc and good itsning finu.tice, require the rezoning of Iltc sobicin pl'operly, and I'oi (hose reasons, is of the opinion (hot the hereinafter described prolxrly should be rimmed as herein provided. '111HRlifORk. Rli IT ORDAINED by the Council oribc City ofRounokc that: Section 36.2 -100, Code or (he City of Runauke (1979), as amended, and (he Official Zoning Map, City or Roanoke, Virginia, dated Deeemher 5, 2005, as amended, be amended to reflect that Official 'fox Map No. 5490307 located at 745 Townsidc Road, S.W., be, and is hereby rezone! from 1 -1, Light Industnal District, with conditions, to CO, Commercial- General District, subject to certain conditions proffered by the applicant, as set froth in the 7uning Amendment Amended Application No. 2 dated Novenbcr 30, 2016. 2. Pursuant to the provisions of Section 12 of the City Charter, the scoond reading of this ordinance by title is hereby dispensed with. ATTEST: � ' M\ ,, , City Cje.•l Vl Rezoning of prapeny totaling 3.999 acre, more or less, idenWled ar S490307 from I -1 (Light Industrial) Dbh*i to CG (Conunerclal- General) District TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: Chris Benson is the contract porehaser of a parcel of property containing 3.998 acres, more or less, which is identified as Tax Map No. 5490307 end 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 arms from I -1 (Light Industrial) District with conditions to the CG (Commercial- General) District with conditions for the purpose of locating a boarding kernel and related uses themon. The owner hereby requests that the following proffeted conditions enacted by Ordinance No. 37023. 041805 be amended or repealed, as noted below, a they pertain to Official Tax No. 5490307: :IW 4Tbe property shall vA be used only selelyfor the fallowing uses Business service establishment not otherwisr listed Financial institution Laboratory dental, 7nedical, or optical Medical clinic Office, general mrdprofessional Animal hospital or veterinary clinic; W outdoor pens or runt Kennet, no outdoor pens or runs Kennel, with outdoor pens or runs (subject to the issuance of a special exemption) 211aW1r1714571r1 Mixed -use building Bakery, confectionary, or simllarjoodproductim; retail Contractor or tradesman b shop, general or special trade Personal service establishment, not otherwise listed in this table Pet grooming Retail sales establishment, not otherwise listed (ar an accessory use only) Workshop Eating establishment Health andRmess center Day care center, adult Day care center, child, • and Accessory uses, not otherwise listed in the use table as permined uses. Retention -406 (auaahaj its mo as FahadLE subje P a to Rush shaftes as sisay he required by the 3. That no sign, including ore painted on the side or rear of the building, shell be visible from the adjacent expressway (Route 2201haerstate 581). 4. The following proffers shall relate to ligbliog: (A) Any outdoor light fixture shall be a full cutoff fixture or a decorative fixture with full cutoff optics. A "fill cutoff fittuae" shall Doan an outdoor light fixture shielded in such a mannerthat all light emitted by the 231MIrM457Ivl fixture, either directly from the lamp or indirectly from the fixture, is projected below the horizontal place. A "decorative fixture with frill cutoff optics" shall mean an outdoor light fixture with manufunurer- provided or manufacturer - installed full cutoff optics. (B) The spillover of lighting from my parking area on the subject properly onto public rights -of -way or abutting property in residentially zoned districts shall not exceed one -half (03) foot candle at the property line. (C) Any outdoor lighting in parking areas shall not exceed twelve (12) feet in (D) 23100/1M24571A 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 poiet of the fixture itself, whichever is higher. (1) 6assfien of OR OWADO- ligLtng furtwos iffieluding the DOW4666 of the illumiwwlas r Showing .h_. e_.e_ of. off of 1 6 t MmuJoaaaw Patiaaaara Awl plod e• anisinvana _f: liftown .11. 2" �eW aY:a........woo VAu.:_ The primary exterior faFade of the new structures shall not be constructed of cinder blocks es,tnelol Wing. WFMREFORE, the applicant and contract purchaser request that the above- ddewribed 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 22m day of November. 2016 4 Poppy Land Ltd. Chris Bernon, President Chris Benon 23100IMM4571A off' _ b0 p :' ry (soy gozp�.b ao 00 ) 000 _- Maoo �T V Q j m MM1 m O C0� 06r� Oa 3011 113M N 001 !a G M b Z�w F m K a $ p € F LL o V) as Z 1 ~a jE U uj F u =< u 0 uepartment or manning, building and Uevelopment Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Phone: (540) 853 -1730 Fax: (540) 853 -1230 Filing Date: CPC 7�-17 i Regli (select all that appWm DEC 2 0 20V ROANOKE PC ZA 1'7- DD l3 CITY OF ROANOKE Click Here to Print PLANNING BUILDING G DEVELOPMENT Submittal Number: ;k.wc ❑ Rezoning, Not Otherwise Listed ❑ Rezoning, Conditional Rezoning to Planned Unit Development ❑ Establishment of Comprehensive Sign Overlay District Amendment of Proffered Conditions ❑ Amendment of Planned Unit Development Plan ❑ Amendment of Comprehensive Sign Overlay District Pmpeift Mfonnatton• Address: Official Tax No(s) .: •$'� 6� e2 % Existing GC E] Without Conditions Ordinance Zoning: ;'With Conditons No(s).(If efp73 /— iL /9 <� ❑ Planned Unit Development applicable): Requested ❑ Without Conditions Proposed � ,eT Zoning C G k"'ith Conditions Land Use: ❑ Planned Unit Development I o.f .<�,p r _' Pinzaaft Owner hdoen dlon• Name: / srl hone Number: Address: 11rwrlr7ll� ✓n 1Vc,y E -mail cl,��v;.✓��&fi�mdot -C Appllcent Information MAWerent from Owner).,- Name: f —__- Address. l Phone Number: �1 E -mail: AulhorizeliAae(� 14�Atiom(N:fop11es61eY Name: _ Phone Number. Address E -mail: l Zoning Amendment The follmyMg must be submitted for all applications: 7omplated application form and checklist. Written narrative explaining the reason for the request. M tes and bounds description, if applicable. f Filing fee. For a rezoning not otherwise listed, the following must also be submitted: I Concept plan meeting the Application Requirements of item'2(c)' in Zoning Amendment Procedures. For a condifional in mning, the following must also be submitted: ROANOKE Written proffers. See the Citys Guide to Proffered Conditions. ,- Concept plan meeting the Application Requirements of item '2(c)'in Zoning Amendment Procedures. Please label as 'development plan' d proffered. For a planned un(t development, the following must also be submitted: I Development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance. For a comprehensive sign overlay distrkt, the following must be submitted: F - Comprehensive signage 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)' m Zoning Amendment Procedures, r if applicable. �- ya'fittan 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 submited: F- Amended development plan meeting the requirements of Section 36.2 -326 of the Citys Zoning Ordinance. F- Copy of previously adopted Ordinance. For a comprehensive sign overlay amendmerd,;the following must also.be submitted; 7 Amended comprehensive signage plan meeting the requirements of Section 36.2- 336(d) of the Citys Zoning Ordinance. f Copy of previously adopted Ordinance. For a proposal that requires.a traffic Impact smdybe submitted to the Cily.the following must also be: submitted; I -- A Traffic Impact Study in compliance with Appendix B -2(e) of the City's Zoning Ordinance. For a proposal that requires a traffic Impact,analysis be submitted to VOGT, the following must also be submitted: F Cover sheet. F" Traffic impact analysis. F Concept plan. - Proffered conditions, if applicable. F Required fee. 'An electronic copy of this application and checklist can be found at www. roanokeva .govlplanningcommisslon. A complete packet must be submitted each time an application is amended, unless otherwise specified by staff. Narrative for the property of 745 Townside Road SW I purchsed the property located at 745 Townside Road SW Tax Map No. 5490307 because of its many appealing properties. The building has been remodeled to contain my business which is a boarding, grooming, daycare, self service grooming and dog boutique. we have indoor runs and modern glass kennels to allow the clients the best care while the owners are away. These kennels were supplied to us by Snyder Mfg. We have created an indoor space allowing them to get exercise but we are lacking the space outside for them to use. The proposed application satisfies the purposes of the City of Roanoke Zoning Ordinances and the purposes of the CG District as well 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. I have 3.998 acres of which most of it is unused which could be a huge benefit for me to have the dogs supervised outside while providing them the security of a fenced yards. The dogs entering the fenced areas will be outside only during regular business hours from 7 am to 5 pm. At 5 pm all dogs are brought in for feeding and between 5 and 7 they have individual potty breaks before closing at 7 pm. All of this is consistent with reasonable operating habits for a boarding kennel. swr♦�MV^'41f9 w[raMren�o vi tu«wavwvuv .. �.en.a.rarnw s♦%.v:wr oars I r i 1 y v a n i, + � .� ; pled, C f6 FL N w m s 8 e ¢ n n R M 8 E C f6 a m I ,J AA a i dig I^ �x d ^g e o a R E i Amendment of proffered conditions for property totaling 3.998 acres, more or lase, identified as 5490307. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE; Chris Ranson is the owner of a parcel of property containing 3.998 was more or lass, which is identified as Tax Map No. 5490307 and situate at 745 Townside Road SW. Puppylend Ltd. is the applicant of a request for anientiment of proffered conditions of the parcel of property containing 3.998 acres for the purpose of adding an additional use: Kennel, outdoor pens or runs The owner hereby requests that the following proffered conditions enacted by Ordinance No. 40731- 121916 be amended or repealed, as noted below, as the Pertain to official Tax No. 5490307. 1. The property shall be used on for the following uses: Business service establishment, not otherwise listed; Financial institution; Laboratory, dental, medical, or optical; Laboratory, testing and research; Medical clink; Office, general and professional; Animal hospital or veterinary clink, no outdoor pens or runs; Kennel, no outdoor pens or runs; Kennel, 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 the use table; Pet grooming; Retail sales establishment, not otherwise listed last an accessory use only); Workshop; Eating establishment: Health and fitness center; Untitled s Daycare center, adult; Daycare center, child; and Accessary uses, not otherwise listed in the use table as permitted uses. 2. That no sign, including one painted on the side or rear of building, shall be visible from the adjacent expressway (Route 2208nterstate 581). The following proffers shall relate to lighting; (A) Any outdoor light fixture shall be full cutoff fixture or a decorative fixtore with full cutoff optics. A full cutoff fixture" shall mean an outdoor fight 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 hodz"I plane. A - decorative Wore with full cutoff optics" shall mean an outdoor light fixture with manufactured- provided or manufacturer- installed lull cutoff optics. (B) The spillover of lighting from any parking area on the subject property onto public rigMsof -way, or abutting property in residers iely zoned districts shall not exceed on hoe (0.5) foot candle at the prop" One. one half (0.5) foot candle at the property line. (C) Any outdoor lighting in the parking areas shall not exceed twelve (12) feet in the height- The maximum height shall apply to the "In of the poles or other standards to which the fixtures are attached i1seH, whichever is higher. 12/19117. 9:49 PM Page 1 of 1 1�. IN'I'I III ('()tIN('II. OI I'I IP. CITY OI: ROANOIKV. VIRGINIA Thr 19r1, Jay or n,,, ember', 201 h. N,,. 40731- 121916. AN ORDINANCE to rezone certain property located at 745 Townside Road, S.W., farm 1 -1, Light Inclusnial District, to Cu. C'mnmurcial- General District, subject to certain conditions proffered by die applictutt; and dispensing with the second reading of this ordinance by title. W I IERGAS, Chris Denson, 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 welfare and good zoning practice, require the rezoning of the subject property, and lbi those reasons, is of the opinion that the hereinafter described properly should he rezoned as herein provided. THEREFORV, 131; IT ORDAINFD by the Council ofthe 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 lax Map No. 5490307 located at 745 Townside Road, S.W., he, and is hereby rezoned from 1 -1, Light Industrial District, with conditions, to CC, 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. 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 Cle: 2 ,'.,- -- .. . Rezoning of property totaling 3.998 acres, more or less, identifced as 5490307 from 1 -1 (Light lndastrial) District to CG (Commercia6General) District TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: Cbris Beason 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 owner hereby requests 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. Poet FThe property shall will be used only solely for the following uses: Business service establishment, not otherwise listed Financial institution Laboratory, dental, medical, or optical Medical clinic Office, general and professional Animal hospital or veterinary clinic, no outdoor pens or runs Kennel, no outdoor pens or runs Kennel, with outdoor pens or runs (subject to the issuance of a special exemption) 23100nm24571.t Maed -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 Per 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. 3. That no sign, including one painted on the side or rear of the building, shall be visible from the adjacent expressway (Route 120 1interstate 581). 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 23100n072457M future, 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 future 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 puking 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) sueh filames; (44 Plam indinatifig the legation an the pmpeoy, and 4he type, Md OthOF 404' 966f (iii) Deser*tieft of the illuminating daiiees, f"aares, lamps, 23100nY7724571vt _ (iV) DlIM..ERMFie d..4.. ...1 th At e.ffli Ah.d by the Rlq d i �l.'!r!Cl�.l57A T i!I e!T!!'C'!!MlR.lT.!�lYYer!T.If Ciii]!'f 11111 6. The primary exterior fapade of the new structures shall not be constructed of cinder blocks es metal - siding . 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 22nd day of November, 2016 Bpyl+canf. PnPPY Land Ltd. Chris Benson, President Chris Benson 23100nm2457M ZONING DISTRICT MAP 1390405 I 73so 7390618 r1 1390404 00j06 13,902 219 745 Townside Road SW r o 13906 19 1390403 X41 0j Official Tax Parcels: 5490307 33� 73gp6 1 �� 440a ®Area to he Rezoned 1390319 7 C rJs � 3 Zoning c p�0020 0 AD: Airport Dev � 390J01 CO: Commercial- General X09 2 W y40_ S ° CIS'. Commercial -Large Site GN_Commercial- Neighhorhootl �9 140 D' Downtown 4''9 1?9'? 1 -1. Light Industrial 1100 7,0', I 62: Heavy brulmorial 14 218 IN Inab ional 141192 I9102 INPUO. Institutional Planned Unit Dev = 1 "IULic_ �0j01 - IPUD'. Industrial Planned Dirt Dev 794271 r err 4y MX: Mixed Use O MXPUD' Mixed Use Planned Unit Dev Q 1 ;1112 R -12'. Res Single - Family 41021( R -3 Res Single Family R-5. Res Single - Family . P L { R -7. Res Single Family nv � RA: Res Agricultural {- f RM 1'. Res Mixed Density Filial Res Mixed Density RMF Res Multifamily JSNxfI Ay �O 0) NOS: Recreation and Open Space — UF'. Urhan Flex Conditional Zoning 0 200 400 Feet e +L m 649p2� i 1 I I i S r y �1 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telcpkone: (540)853 -2541 Fnx: (540)853 -1145 SIEVINAN11: M. MOON R EVN(ILDS, MM(' E -nwil: eler k((n4onnolsvu'qu° ('4:( FlAA R Nil ('UY ('ily ('Jerk Deputy ('it) Clerk February 23, 2018 Dennis R. Crook Vice President /Secretary Poe & Crook Real Estate Group 1200 Wells Fargo Tower 10 S. Jefferson Street Roanoke, Virginia 24011 Dear Mr. Crook: ('1A ELIA'I. WH1111, ('M(' A.ve'i,lxnl Ileputy ('it, ('Jerk I am enclosing copy of Ordinance No. 41063 -02218 rezoning a portion of property located at 752 31st Street, N. W., and the entirety of properties located at 744 31st Street, N. W., 742 31st Street, N. W., and 736 31st Street, N. W., designated as Official Tax Map Nos. 2530107, 2530123, 2530113, and 2530122, respectively, from RM -1, Residential Mixed Density District, to ROS, Recreation and Open Space District, as set forth in the Zoning Amendment Amended Application No. 1 dated January 10, 2018. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Tuesday, February 20, 2018 and is in full force and effect upon its passage. Sincerely, a""=i CU�n Stephanie M. Moon Reyn Ids City Clerk Enclosure Dennis R. Cronk February 23, 2018 Page 2 c: Douglas F. Turner, 545 Highland Avenue, S. W., Roanoke, Virginia 24016 F. V. Cemetery Co., Inc., P. O. Box 6231, Roanoke, Virginia 24017 Daisy D. Wright Life Estate, 746 31st Street, N. W., Roanoke, Virginia 24017 William E. and Lucille B. Reed, 740 31st Street, N. W., Roanoke, Virginia 24017 Douglas W. and Carrie L. Noell, 2085 Goodview Road, Goodview, Virginia 24095 L & M Properties, LLC, 3330 Hollins Road, N. E., Suite A, Roanoke, Virginia 24012 Southern Estates LLC, 112 S. Tryon Street, #760, Charlotte, North Carolina 28202 Margalie Noel, 753 31 st Street, N. W., Roanoke, Virginia 24017 The Honorable Brenda Hamilton, Clerk of Circuit Court Robert S. Cowell, Jr., City Manager Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Luke Pugh, City Engineer Susan Lower, Director of Real Estate Valuation Tina Carr, Secretary, City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of February, 2018. No. 41063 - 022018. AN ORDINANCE to rezone a portion of 752 31" Street, N.W., and the entirety of the properties located at 744 31st Street, N.W., 742 31" Street, N.W., and 736 31" Street, N.W., from RM -1, Residential Mixed Density District, to ROS, Recreation and Open Space District; and dispensing with the second reading of this ordinance by title. WHEREAS, Myrteen C. Heslep, on behalf of F.V. Cemetery Company, Inc., has made application to the Council of the City of Roanoke, Virginia ( "City Council "), to have a portion of the property located at 752 31" Street, N.W., and the entirety of properties located at 744 31" Street, N.W., 742 31" Street, N.W., and 736 31" Street, N.W., bearing Official 'Pax Map Nos. 2530107, 2530123, 2530113, and 2530122, respectively, rezoned from RM -1, Residential Mixed Density District, to ROS, Recreation and Open Space District; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on February 20, 2018, after due and timely notice thereof as required by §36.2- 540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject property, and for those reasons, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: I. 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 the western portion of Official Tax Map No. 2530107, located at 752 31" Street, N.W., that extends 200' in an easterly direction from its boundary with Fairview Cemetery, and all of Official Tax Map Nos. 2530123, 2530113, and 2530122, located at 744 31" Street, N.W., 742 31" Street, N.W., and 736 3I't Street, N.W., respectively, be and are hereby rezoned from RM -1, Residential Mixed Density District, to ROS, Recreation and Open Space District, as set forth in the Zoning Amendment Amended Application No. 1 dated January 10, 2018. 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: ktCity Clerk. Rc�gne without profrers - 752 31st st.duc E) CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: February 20, 2018 Subject: Application by F.V. Cemetery Company, Inc., to rezone the following properties: the western portion of 752 31 st Street, N.W., that extends 200' in an easterly direction from its boundary with Fairview cemetery; 744 31 st Street, N.W.; 742 31 st Street, N.W.; and 736 31 st Street, N.W.; bearing Official Tax Map Nos. 2530107, 2530123, 2 53011 3, and 2530122, respectively, from RM -1, Residential Mixed Density District, to ROS, Recreation and Open Space District. Recommendation The Planning Commission held a public hearing on Monday, February 12, 2018. By a vote of 6 - 0, with Commissioner Russell absent, the Commission recommended approval of the rezoning request, finding that the Amended Application No.I is consistent with the City's Comprehensive Plan, Peters Creek South Neighborhood Plan, and Zoning Ordinance as existing cemetery property will be able to continue to be used in a manner appropriate to the surrounding neighborhood. Application Information Request: Rezoning Owner: M rteen C. Hesle F. V. Cemetery Company, Inc. Applicant: N/A Authorized Agent: Dennis R. Cronk F. V. Cemetery Company, Inc. City Staff Person: Katharine Gray, Land Use and Urban Design Planner Site Address /Location: 752 (western portion that extends 200' in an easterly direction from its boundary with Fairview cemetery), 744, 742, 736 31" Street, N.W. Official Tax Nos.: 2530107, 2530123 2530113, and 2530122 respectively Site Area: Approximately 1.35 acres Existing Zoning: RM -1, Residential Mixed Density District Proposed Zoning: ROS, Recreation and Open Space District Existing Land Use: Cemetery Proposed Land Use: Cemetery Neighborhood Plan: Peters Creek South Neighborhood Plan !. Specified Future Land Use: Two - Family Filing Date: Original Application: December 20, 2017 Amended Application No.1 : January 12 2018 Background Fairview Cemetery was established in 1890 and occupies a main 52 acre parcel between Melrose Avenue and Salem Turnpike along with four smaller adjacent parcels between the main parcel and 31 "Street, N.W. The smaller adjoining parcels were acquired between 1925 and 1983 and are used for the maintenance operations of the cemetery including storage buildings. The current zoning ordinance permits cemeteries as a use only in ROS, Recreation and Open Space District. In the 2005 Comprehensive Rezoning, the main cemetery property was rezoned to ROS, while these four adjacent properties were zoned RM -1 , Residential Mixed Density District. The cemetery use continued as non- conforming on these four properties. Buildings on these smaller parcels were destroyed by fire and snow and the cemetery wishes to reconstruct the facilities. As over two years have passed since the buildings were destroyed, their non - conforming status has been lost and they can only be reconstructed with a zoning change. In the fall of 2017, the applicant met with staff to discuss the possibility of rezoning the property to ROS to allow for the cemetery use to continue as a conforming use. The applicant then filed an application to rezone the property to allow for a cemetery use. Considerations Cemeteries are noted as an important land use with a long history in the South Washington Heights Neighborhood and are sprinkled throughout the area. Surrounding Zoning and Land Use: Zoning District Land Use North RM -1, Residential Mixed Density Single - family Dwelling District South 1 -1, Light Industrial District Warehouse East RM -1, Residential Mixed Density Single- family Dwelling District, and 1 -1, Light Industrial District West ROS, Recreation and Open Cemetery Space District Compliance with the Zoninq Ordinance The purpose of the ROS District is to recognize and enhance active park and recreation lands, passive open spaces, and significant natural and scenic features by encouraging these areas to protect unique land resources from degradation, consistent with the recommendations of the City's Comprehensive Plan. It is further intended to prevent the encroachment of incompatible land uses, while permitting limited construction within open space areas which is supportive of their function and which promotes their use and enjoyment. The future development of the property is subject to dimensional and development standards of the ordinance such as setbacks and height restrictions for buildings close to residential property lines. Conformity with the Comprehensive Plan and Neighborhood Plan Both Vision 2001 -2020 and the Peters Creek South Neighborhood Plan recognize the need for community facilities throughout the community in a manner that respects the neighborhood. Although the plans do not specifically call out cemeteries, the plans do specify that mixed -use neighborhoods should have housing, employment, and services for all. Specifically, the Peters Creek South Neighborhood Plan notes the development of three cemeteries in the Washington Heights neighborhood before 1900 in an area of farmsteads along Salem Turnpike and Melrose Avenue. Residential development surrounding the cemeteries followed. Public Comment Summa None Planninq Commission Work Session (January 05, 2018 No substantive issues were raised in the work session. It was noted that an amended application was required to reflect addresses that had been assigned to the properties. The owner subsequently filed Amended Application No.1 correcting the addresses for the property. Conclusions and Recommendations Under the proposed rezoning the property would be used for cemetery support and continue to function as it has for many years. The change would allow the replacement of the storage building and thus assist the operation of a needed service to the community. Planning Commission Public Hearing (February 12 2018): No public comment received. RvLty d YID -CR.- Kermit Hale, Chair "4 City Planning Commission c: Robert S. Cowell, Jr., 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 Myrteen C. Heslep, F. V. Cemetery Company, Inc. Dennis R. Cronk, F. V. Cemetery Company, Inc. 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 ssDate, January 10,2019 ❑x Rezoning, Not Othenvhe Listed JAN 12 2018 u CITY UFnGnvoxr -. PLANNING BUILD11i a 0EVELOPMENT ROANOKE A % '" } CNck Here b Print Submittal Number Li /rlM2I7c�Pt� ApPliCl[fi0I1 �. _3 ❑ Rezoning, Conditional ❑ Rezoning to Planned Unit Development ❑ Establishment of Comprehensive Sign Overlay District ❑ Amendment of Proffered Conditions ❑ Amendment of Planned Unit Development Plan ❑ Amendment of Comprehensive Sign Overlay District Address: 1 75231st Street 74431st Street, 74231st Street, 73631st Street, Roanoke, VA 24017 Official Tax No(s) : [2530107, 2530123, 2530113, & 2530122 Existing Base Zoning: dlstdcts.) RM -1, Residential Mixed Density - E] With Conditions Without Conditions (If multiple zones, please manually enter a8 Ordinance No(s). for Existing Conditions (If applicable): Requested Zoning. RDS. Recreation and Open S [] With Conditions proposed L-] Cemetery ❑Wlftut Conditions Land Use:[ Name: F.V.Cemetery Company. Inc., (Virginia Not-for-Profit( orporatlon) Phone Number 54x344 -0262 Address: P.O.Box6231 3300 Melrose Avenue Roanoke, VA 24017 E -Mail: 11.111eslep0thelail rvlewgroup.org i '�PV nfa,'e, �rla�ll -r -u1 prop e'114 Signature: Name: N/A Address: N/A Applicants Signature: ��a _�._.� !7 Name: Dennis R. Cronk, Vice President/Secretary Phone Number 540 -955 -3651 Address: 1200 Welk Fargo Tower 10 S Jeffeoon Street Roanoke, VA 24011 E -Mall: dcronkppoecronksom A on zed Agents 3gnalure: -- widdolw The ROA N O K E r Completed application fan and checklist. r Written narrative explaining the reason for the request. r Metes and bounds description, if applicable. r Filing fee. For areconlaginotillbarf lullsted,: ahifotbwing .mustalsobesubmitted: F- Concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures. For a conditionMaeiening; the following must also be'subm -ill r Written proffers. See the City's Guide to Proffered Conditions. Concept plan meeting the Application Requirements of item'2(c)' in Zoning Amendment Procedures. Please label as F- 'development plan' if proffered, For a pleaaoi+4Nt:davai4pmexti following must also be submitted: F- Development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance. For a cwpcaiartsivesign -of edsy4fill t,.the follow ng must be submitted: F- Comprehensive signage plan meeting the requirements of Section 36.2- 336(d)(2) of the City's Zoning Ordinance. For an amendraentmUproffered coarRtlona, the following must also be submitted: Amended development or concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures, F- if applicable. F- Wntten proffers to be amended. See the City's Guide to Proffered Conditions. F- Copy of previously adopted Ordinance. For a plwred-wd[ davelopmnt amerA ent, the fdlowing must also be submitted: F- Amended development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance. F- Copy of previously adopted Ordinance . For a compabs afaaoilllaa jeft'alneadnell the fdbsgng.mustaho besrbmiaed: F- Amended comprehensive signage plan meeting the requirements of Section 36.2- 336(d) of the City's Zoning Ordinance. F- Copy of previously adopted Ordinance. Fa a prepaektltatretlriaeeldlBa =Ngsetatady be-b tlat: dy .lhe,foppwirg�awt*obo'srdtmAbd: F- A Traffic Impact Study in compliance with Appendix B -2(e) of the City's Zoning Ordinance. For aPrefe" Ifretrarlersaafraft' Mnpadt, anslyeisbersubmlledbVWT, ttatbtlireillgrnustalevate':eib : i— Cover sheet. I- Traffic impact analysis. F- Concept plan. F- Proffered conditions, if applicable. F- Required fee. `An electronic copy of this application and checklist can be found at www.roanokeva.govlpbd by selecting 'Planning Commission' under 'Boards and Commissions'. A complete packet must be submitted each time an application is amended, unless otherwise specified by staff. NARRATIVE Description of Proposed Use Fair View Cemetery "EST 1890' is owned and operated by F. V. Cemetery Company Inc. a Virginia Not - for- Profit Corporation (the "Applicant "). The property subject to the rezoning request is identified as the following Roanoke City Tax Parcels 1) a portion of # 2530107 - 752 31't Street, 2) # 2530123 - 744 31" Street, # 2530113 - 742 31" Street, # 2530122 - 736 31't Street (the "Subject Parcels "). The Subject Parcels are currently zoned Residential Mixed Density District (RM -1), and located adjacent to the property also owned by Applicant comprised of 52.86 acres and zoned Recreational Open Space (ROS) as identified as Roanoke City Tax Parcel # 2650102. The Subject Parcels and the 52.86 acres represent Fair View Cemetery. The use of Subject Parcels will not change as the current use is and has always been an integral part of the cemetery operations, providing storage and maintenance facilities for backhoes, lawn mowers, tent wagons, tractors, burial vaults and miscellaneous tools and equipment serving the interment operations and ground maintenance of Fair View Cemetery (the "Cemetery Maintenance Facilities "). The following represents the dates the individual Subject Parcels where acquired by the owner of Fair View Cemetery. Tax parcel # 2530107 - 752 31't Street (1990), Tax parcel If 2530123 - 744 31" Street, (1972), Tax parcel #2530113 - 742 31" Street, (1943), Tax parcel #2530122 -736 31't Street (1959). Justification for the Change The justification for addressing the rezoning at this time comes as a result of several events over the past decade including heavy snow storms and a fire destroying several storage buildings originally constructed over 100 years ago. The buildings were used to serve the Cemetery Maintenance Facilities. This loss left Fair View Cemetery without adequate, secure and safe storage space. It was only after a lengthy fund - raising campaign for a replacement building did the Applicant become aware the Subject Parcels were not rezoned the same as Roanoke City Tax Parcel # 2650102 during the overall rezoning in 2005 and replacement of a new storage building could not take place due to the two (2) year requirement for reconstruction on a non - conforming parcel had expired. Effect of the proposed amendment on the surrounding neighborhood The effect of the proposed amendment will be positive to the surrounding neighborhood. As the eastern portion of Tax Parcel # 2530107 - 752 31't Street will remain under the RM -1 Zoning which is comparable to adjoining properties. This portion includes a two -story home built In 1900 to serve as the home of the General Manager of the cemetery and as an entrance to the cemetery. Only that portion of Tax Parcel # 2530107 - 752 31't Street used as a part of the Cemetery Maintenance Facilities is included in the Subject Parcels to be rezoned. Availability of other similarly zoned properties in the general area and in the City Evergreen Memorial Park at 1307 Summit Ave. SW Tax parcel #1340401 and Blue Ridge Memorial Park at 5721 Airport Road NW Tax parcel #6630103 are two examples of similar properties with their Cemetery Maintenance Facilities zoned Recreational Open Space (ROS). Relationship of the proposed amendment to the City's Comprehensive Plan and the applicable Neighborhood Plan No Change: Metes and Bounds description of 3 lots, Tax Map #rs 2530122, 2530113 and 2530123 and the westerly 200 feet of Tax Map #2530107 to be Re -Zoned from RM -1 to ROS, all being the property of F V Cemetery Company, Inc. Legal References: The subject properties were acquired by F V Cemetery Company, Inc. as follows Tax Map # 2530122 - Deed Book 1487, Page 179, Parcel 6, Tax Map # 2530113 - Deed Book 1487, Page 179, Parcel 5, Tax Map # 2530123 - Deed Book 1487, Page 179, Parcel 7, Tax Map # 2530107 - Deed Book 1487, Page 185 Description: Beginning at a point, an iron pin set, designated Corner # 1, located at the westerly common property corner of the City of Roanoke, Virginia, Tax Parcel it 2530114, being the property of L & M Properties, LLC, as acquired in Deed Instrument # 160001048, being Lot 8A, Map of Goodwill Industry as recorded in Map Book 1, Page 1114 in the Clerk's office of the aforesaid City of Roanoke, Virginia and one of the herein described lots to be rezoned, Tax Map # 2530122, and lying on the easterly property line of Tax Map It 2650102, being the property of F V Cemetery Company, Inc. (Fairview Cemetery) as acquired in Deed Book 1487, Page 179 for the POINT OF BEGINNING. Said point being located N 79° 09' 00" W, 520.27 feet and N 30' 09' 00" E, 314.92 feet from the present day projected intersection of Salem Turnpike, N.W. and 31st Street, N.W.. Thence leaving the property of said L & M Properties, LLC and with the common property line between Tax Parcel # 2530122 and It 2650102 both owned by F V Cemetery Company, Inc. N 10° 09' 00" E 334.92 feet along the westerly property lines of the herein described lots to be rezoned, Tax Map # 2530122, Tax Map It 2530113, Tax Map # 2530123 and Tax Map # 2530107 to a point designated Corner 2, being the common property corner of the aforesaid Tax Map It 2530107 and Tax Map It 2530106 being the property of Douglas F. Turner as acquired in Deed Book 1541, Page 134 of the aforesaid Clerk's office. Thence leaving Tax Map # 2650102, 5 79° 09'00" E, 200.00 feet along the common property line of the herein described lot to be rezoned, Tax Map # 2530107 and said Tax Map # 2530106 to a point designated Corner # 3; Thence leaving Tax Map It 2530106, S 10° 09'00" W, with a NEW ZONING LINE through the herein described lot to be rezoned, Tax Map # 2530107, 83.73 feet passing the common cornerof Tax Map #2530108, being the property of the Patricia R. Wright and Daisy D. Wright Life Estate as acquired in Deed Instrument # 090013528 designated Corner 'A' in all a total distance of 167.46 feet to a point designated Corner # 4, being the common property corner of Tax Map # 2530108, Map # 2530109, being the property of William E. and Lucille B. Reed as acquired in Deed Book 1127, Page 400 of the aforesaid Clerk's office and the herein described lot to be rezoned, Tax Map # 2530123; Thence leaving Tax Map It 2530108, Patricia K. Wright and Daisy D. Wright Life Estate property and with the common property line between Tax Map # 2530109, William E. and Lucille B. Reed property and the herein described lot to be rezoned, Map It 2530123, N 79° 09'00" W, 50.00 feet to an Iron Pin Set designated Corner # 5 the common Corner of Tax Map # 2530109, Tax Map # 2530123 and the herein described lot to be rezoned, Tax Map # 2530113. Thence leaving Tax Map If 2530123, 5 SO° 09'00" W along the common property line of the aforesaid herein described lot to be rezoned, Tax Map # 2530113 and Tax Map # 2530109, Reed property for 83.73 feet and continuing along the common property line of the aforesaid herein described lot to be rezoned, Tax Map It 2530122 and Tax Map It 2530110, being the property of Douglas W. and Carrie L. Noell as acquired in Deed Instrument It 060003267 for 83.73 feet, in all 167.46 feet to a point lying on the northerly property line of the aforesaid Tax Map It 2530114, L & M Properties, LLC property, designated Corner # 6, which has an Iron Pin bearing N 78° 33'W, 0.25 feet from the corner. Thence leaving Tax Map it 2530110, Noell property and with the common property line of the aforesaid Tax Map # 2530114, L & M Properties, LLC property and aforesaid herein described lot to be rezoned, Tax Map It 2530122, N 79° 09' 00" W 150.00 feet to the Point of Beginning and containing 58,607 square feet, 1.345 Acres more or less. Iun_ni iix�iw nwi roxiae.u.amw.xu�., I tiNlANtlld tiilOAlANdS SNllN19NN IV7IbI C b 2Y MN 'v.Y /duml WOMS z m3 O a M pp ggppp [LMSM .M.60_WN GV�E"bk Y` am , 6He: e I $H& E 1• ?� €liasir ifaa'k$� as .a;lta�j a�tii (li;�Y.f (�'s i � 4. a aP'F.; "s' y ra_•# F t° IfP,E ae,a g, r_ r„ ��vE —� ��ae ��•• P j u r' �Ie_a a� e;•; a . . �E�E eft;, 13 i� €�G{ • ��s� - §° b_'er =sa'e z8 jilkl •i•�rB j� 7�sF•rp ryill�� ;. �, &aa large ; �lj�� ?r� � 3Ai de3' ° =�'•I'at?('� {;?f'j�'�s �a�; I s_,Fge R _ a l 8S S !! _!('' • Pa: r y< "t�Jv!'!a• ! a af r i a � rr'� ` Ear P i f r :"4 e y r ;aE'` P Pja9I � b,t,. : zr 3 iiCt i 1ae r �_t ,t jj d 4 � W R I^ ttFPPF{ Es -yy p �ba j ltA''44=g. 9_ �ti ' B a • a • _ & i�al6ri Ei:i ii5ai0k l�t as €a��dli raidt; �;FYiila�F r� e_i I'g Bg �T Z a v yp Ei \ ° Y { NI �t� p N b u'o[r ag gp �bm� r h 3fF spbb 4- 4. b °� 3 t ' y — 3mmsrs � 93 y R �spY ra IZeLC A4m.66 &N— SI 1� g�ggF�Q bb -$F F55 9 e sbb -� qg 'F a tl k 6 ■6 ■8aa pqi Yx 8. 7� n z Y ` ��3a 111 Yom£ b ¢ — iaaeaeu ;` - N' �N ° [rorr I IPA] 'mom b kbYByB 1NIN ,[rYlls r s E 1F -, s i �� b 8 ��°g1b$A I x8 Sa'6kee al yy 'Y 9kEeek ; ZONING DISTRICT MAP 752 31st Street NW (western portion that extends 200' in an easterly direction from its boundary with Fair View Cemetery), 744, 742, and 736 31st Street NW Official Tax Parcels: 2530107 (portion), 2530123, 2530113, and 2530122, respectively ®Area to be Rezoned Zoning AD: Airport Den, CG: Commercial - General CLS'. Cammerci.FLarge Site CN: Commeroia4No,inborhood D. Downtown 1 -1. LgM Incluenal 1 -2: Heavy Industrial _ IN: Institutional INPUD: Insnutional Planned Unit Dev ® IPUD: Industrial Planned Unit Dev MX: Mixed Use Q WPUD: Mixed Use Planned Unit Dev R -12: Res Single -Family R -3: Res Single - Family Rb: Res Single Family R -7: Res Single - Famiy RA: Res- Agncultual RM -1: Res Mixed Density RM -2: Res Mixed Density NN RMF: Res Mulli nniy µ./kw E ROS: and Open Spam 5 _ UF: Urban Flex 0 100 200 Feet Conditional Zoning w,<<Dw ae Adjoining Property Owners for 752 31st Street, N.W., 0 31st Street, N.W., 0 31st Street, N.W., and 0 31st Street, N.W. Official Tax Map Nos. 2530107, 2530123, 2530113, and 2530122 TAXID MailAddress MailCity MailState MailZip LocalAddress LocalCity LocalZip Ownerl 2530106 545 HIGHLAND AVE SW ROANOKE VA 24016 80231ST ST NW ROANOKE 24017 TURNER DOUGLAS 2530107 PO BOX 6231 ROANOKE VA 24017 752 31ST ST NW ROANOKE 24017 F V CEMETERY CO INC 2530108 74631ST ST NW ROANOKE VA 24017 74631ST ST NW ROANOKE 24017 WRIGHT DAISY LIFE ESTATE 2530109 74031ST ST NW ROANOKE VA 24017 74031ST ST NW ROANOKE 24017 REED WILLIAM E &LUCILLEB 25301102085 GOODVIEW RD GOODVIEW VA 24095 73431ST ST NW ROANOKE 24017 NOELL DOUGLAS W &CARRIEL 2530113 PO BOX 6231 ROANOKE VA 24017 752 31ST ST NW ROANOKE 24000 F V CEMETERY CO INC 2530114 3330 HOLLINS RD NE STE A ROANOKE VA 24012 3125 SALEM TPKE NW ROANOKE L & M PROPERTIES LLC 2530122 PO BOX 6231 IROANOKE IVA 124617-10-31ST STNW ROANOKE I I F V CEMETERY CO INC 2530123 PO BOX 6231 ROANOKE VA 24017 0 31ST ST NW ROANOKE F V CEMETERY CO INC 2530204 112 5 TRYON ST #760 CHARLOTTE NC 28202 1801 31ST ST NW ROANOKE 24017 SOUTHERN ESTATES LLC 2530205 75331ST ST NW IROANOKE IVA 124017 1753 31ST ST NW IROANOKE 124017 NOEL MARGALIE 2650102 PO BOX 6231 IROANOKE IVA 124017 13302 MELROSE AVE NW IROANOKE 124017 IF V CEMETERY CO INC The Roanoke Times Roanoke, Virginia Affidavit of Publication (11Y Of ROANOKI:- PLANNING Alb, TINACARR 915 CHURCHAVENUE SW SUITE 456 NOEL O TAYLOR MUNICIPAL BUILDING ROANOKE, VA 24011 -1538 Account Number 6029306 note February 06, 2018 Date Category Description Ad Size Total Gost 02/12/2018 Legal Notices PUBLIC HEARING NOTICE Any public hearings advertised h, 1 x 194 L 1,839 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 PUBLIC HEARING NOTICE A was published in said newspapers on the following dates: 01/30. 0210612018 The First insertion being given ... 0113012018 Newspaper reference: 0000691780 1-111a %ci- A4 /i Jl A!h Billing- Representative L I Sworn to and subscribed before me this Tuesday, February 6, 2018 ' _ / 1I4, /NOtary P blIQ State of Virginia V :�p:'•NOTARY':y�: City/County of Roanoke \. PUBLIC •. J '2 ,I' 31 2g _= * AEG. #332964 ? �. My Commission expires��Y� i�l� MY COMMISSION r t'"`/– 'ol PIRE 2: PUBLIC HEARING NOTICE Any allon beatings dJ,,tOrd herein will be bell Ihr Cho Council ( loyao fourth timed Frown 950, Noel it Taylor term. a5 Building, 215 Juglu AAny . iW., Rnal e, VilellCi Any review to the will be mailable for rc/mw in the Planning, fine,, R Development office, Avenue. first SM,, Rano 166, 215 Church Avenue. SW.,PmneNq Virginia The City of Raanoke planning Commission will hod public hearings an ie Any 12, 2018, x1111'1 or as on thereafter as the maters may be From, to Consul these apNrAt.... Atl icanon by Clans Benson m amentl the conditions proffered as part of a Previous be rping at 745 Townside Road, SA.. bearing Official Tax Map No 5490301, The amendments to the proffers accepted by the adoption of Ordinance N, 40T31- 121916 on December 19, 2016, pro add Nen nel, cutrlecr Pose to eO pens m to rem v e list OI permiiletl uses and l0 remove the mammum matt, and a maximum floor area o, The comprehensive plan the Property mar light use, but does not specify The proposed use of the k,m i worn outdoor pens cemetery, Application by SwW Investments Co, LLC, to repeal antl replace conditions pmflered as part of A Wevtms rezoning It 1919 Had St. ill ., bearing oihdal tar No 2060514. me CV ndltien, pmpn,"I for repeal, ccepted though sire adoption of ONlnance No 3986E 5- o2181q requhe Javelopnlenl In canlmmanm with a development plan and helium, elevations vdlb Front eretl mndillonz 'bantling'termer iendmqu and , TOt of uses on Exhibit A allowing only the following business esfabbsbment, riot alhnwise 511'n" financial institution) Iaboralury dental medical, or op ftel; off)co, .corral or pmfessionaC off , general pmfepsional, large scale: outdoor advertising sign: retail sales establishment, not otherwise used, live work unit; mixed use building: workshop, eating establishment; health and fitness center artist Studio, emnannapty garden; fire, Penn, or emergency selvices; government office, Or Other novernamed faults. elevallm plan dated December 22, 2012: and a list of permuted uses adding the inlowing uses to the previous list of permitted uses personal s establishment, not otherwise listed, co unity market; loary, anfectinnary, or slimutr fond products.,, retail', general s establishment, not otherwise listed', Pat grooming: community center, utility distribution Or Collection, Tape', and gasoline station; and removing the following resident manager apartment. The us, classes permuted in the Cunflon ial- Cameral mzMCt include acCCm.CdFt,..c antl Coup living: commercial; industrial, assembly antl entertainment; pri ludfformnel and aammunlly faellltles, tranpodatlo¢ utility; agrlcultuml :Rod ssory, with a maximum Poor area ratio of Ed The comprehensive plan desitlntes the property far hunt and gasoline station TInAM.purr, Secretary, City Planning Commission City Council will head public hearings n the oforesald opmnPuns on February 20, 2018, M 200 pm., Or as soon tharea(far as the unions may be heard Ciack,, are advised that the date on which these nvtlers will be heard is a departure from he usual data on which such maderz are heard by City Council. Any person with a disability requiring any special accommodation to attend or parllcipate in the hearings should contact the City Clerk's office at (540) 8532513 at least live days prior to the scheduled hearings. Sir jul le N1 amen Rrvyuold, MMG one Clrrk The City of Roanoke Board of zoning Appeals will hold public hearings on fc amr, 14, 2018, at 100 pm., or PC sunn llrereauer as fire antler, may be hrnnl, to consider lhesca..elfi loco: Appllatinn by Iudith St.rchild for property loruled at 418 Day Avenue, Eye, bearing Official Tax Map No I620107. maned MA 1, Residential Mixed Density District, for a special exception pursuant to Section 36.2311, Zoning, Code of the City of Roanoke (1179), FO a mended, to esldblmh a hanxi Application by Brct Flory for property located at 3130 Franklin Road, SW., bearing official Tax No 1300413, zoned CO, Connell Ceneml D19rlch far a special exception pursmCl to Section 362315, Zoning, Code of the City of Roanoke (1979), as amended, to establish a mater vehicle or trailer painhag and antl. mpair Shop at this location. Donna M. Free, Secretary . City Board of Zoning Appeals (691280) PUBLIC HEARING NOTICE: PUBLIC HEARING NOTICE Any 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. Any applications will be available for review in the Planning, Building, & Development office, first floor, Room 166, 215 Church Avenue, S.W., Roanoke, Virginia. The City of Roanoke Planning Commission will hold public hearings on February 12, 2018, at 1:30 p.m., or as soon thereafter as the matters may be heard, to consider these applications: Application by Chris Benson to 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. 40731- 121916 on December 19, 2016, propose to add kennel, outdoor pens or runs, to the list of permitted uses and to remove the condition prohibiting the outdoor boarding of animals. 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 outdoor pens or runs. Application by F.V. Cemetery Company, Inc., to rezone the following properties: the western portion of 752 31 st Street, N.W., that extends 200' in an easterly direction from its boundary with Fairview cemetery; 744 31st Street, N.W.; 742 31st Street, N.W.; and 736 31st Street, N.W.; bearing Official Tax Map Nos. 2530107, 2530123, 2530113, and 2530122, respectively, from RMA, Residential Mixed Density District, to ROS, Recreation and Open Space District. The Ind use categories permitted in the Recreation and Open Space District include accommodations and group living; commercial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory. 'the comprehensive plan designates the property for two - family use with no density specified. The proposed use of the property is cemetery. Application by S W W Investments Co., LLC, to repeal and replace conditions proffered as part of a previous rezoning at 1919 10th St., N.W., bearing Official Tax No. 2060534. The conditions proposed for repeal, accepted through the adoption of Ordinance No. 39865- 021814, require development in conformance with a development plan and building elevations with proffered conditions including signage, fencing, and a list of uses on Exhibit A allowing only the following uses: business service establishment, not otherwise listed; financial institution; laboratory, dental medical, or optical; office, general or professional; office, general or professional, large scale; outdoor advertising sign; retail sales establishment, not otherwise listed; live -work unit; mixed- use building; workshop; eating establishment; health and fitness center; artist studio; community garden; fire, police, or emergency services; government offices or other government facility, not otherwise listed; wireless telecommunications facility, stealth; agricultural operations, and resident manager apartment. The applicant proposes to proffer a new development plan dated January 25, 2018, showing a new building, a new configuration of site development with the existing outdoor advertising signs, and dimensional regulations; a building elevation plan dated December 22, 2017; and a list of permitted uses adding the following uses to the previous list of permitted uses: personal service establishment, not otherwise listed; community market; bakery, confectionary, or similar food production, retail; general service establishment, not otherwise listed; pet grooming; community center; utility distribution or collection, basic; and gasoline station; and removing the following use: resident manager apartment. 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 a maximum floor area ratio of 5.0. The comprehensive plan designates the property for light manufacturing use. The proposed use of the property is a mixed use building to include retail sales establishment and gasoline station. Tina M. Carr, Secretary, City Planning Commission City Council will hold public hearings on the aforesaid applications on February 20, 2018, at 7:00 p.m., or as soon thereafter as the matters may be heard. Citizens are advised that the date on which these matters will be heard is a departure from the usual date on which such matters are heard by City Council. 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 hearings. Stephanie M. Moon Reynolds, MMC, City Clerk The City of Roanoke Board of Zoning Appeals will hold public hearings on February 14, 2018, at 1:00 p.m., or as soon thereafter as the matters may be heard, to consider these applications: Application by Judith Starchild for property located at 418 Day Avenue, S.W., bearing Official Tax Map No. 1020107, zoned RM -1, Residential Mixed Density District, for a special exception pursuant to Section 36.2 -311, Zoning, Code of the City of Roanoke (1979), as amended, to establish a homestay. Application by Bret Flory for property located at 3130 Franklin Road, S.W., bearing Official Tax No. 1300413, zoned CG, Commercial General District, for a special exception pursuant to Section 36.2 -315, Zoning, Code of the City of Roanoke (1979), as amended, to establish a motor vehicle or trailer painting and body repair shop at this location. Donna M. Payne, Secretary, City Board of Zoning Appeals Please publish in newspaper on Tuesday, January 30, 2018, and Tuesday, February 6, 2018 Please bill and send affidavit of publication to: Tina M. Carr Secretary to the Planning Commission Planning, Building, & Development City of Roanoke Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 166 Roanoke, VA 24011 540/853 -1730 tina.carrawroanokeva .gov Donna M. Payne Secretary to the Board of Zoning Appeals Planning, Building, & Development City of Roanoke Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 166 Roanoke, VA 24011 540/853 -1730 donna.payneaxoanokeva.eov 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 Dennis R. Cronk Vice President/Secretary Poe & Cronk Real Estate Group 1200 Wells Fargo Tower 10 S. Jefferson Street Roanoke, Virginia 24011 Dear Mr. Cronk: A public hearing has been advertised to be heard by the City Planning Commission on Monday, February 12, 2018 at 1:30 p.m., in the Council Chamber, Fourth Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request of F.V. Cemetery Company, Inc. to rezone the following properties: the western portion of 752 31 st Street, N.W., 744 31st Street, N.W., 742 31 st Street, N.W., and 736 31st Street, N.W., respectively. (See copy of the Public Hearing Notice attached.) 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 Tuesday, February 20 at 7:00 p.m. before the Roanoke City Council in the Council Chamber, pending formal action by the City Planning Commission, which may be viewed on the City's webpage, www.roanokeva aov, under "Roanoke Planning Commission News', following its meeting on February 12. 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 City Clerk Enclosure PC: Myrteen C. Heslep, President /Treasurer, F.V. Cemetery Company, Inc. P. O. Box 6231, Roanoke, Virginia 24017 CITY OF ROANOKE OFFICE OF THE CITY CLERK _ 215 Church Avenue, S. W., Room 456 Roanukc, Virginia 24011 -1536 F0,1 ..... r: (540)X53 -2541 Fn,: 1540) 853 -1145 STF!'HANIC M. MOON REYNOLDS, MMC elcrk(r0,'pnnpkmm ' µov ('E('EL1AF.MC('OY (,t, ('Icrk D,ul' ('ity ('ICrk January 31, 2018 (R('ELIAT.WEBB, CM( ' Assisau,l Deputy City Clerk Dennis R. Cronk Vice President/Secretary Poe & Cronk Real Estate Group 1200 Wells Fargo Tower 10 S. Jefferson Street Roanoke, Virginia 24011 Dear Mr. Cronk: A public hearing has been advertised to be heard by the City Planning Commission on Monday, February 12, 2018 at 1:30 p.m., in the Council Chamber, Fourth Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request of F.V. Cemetery Company, Inc. to rezone the following properties: the western portion of 752 31 st Street, N.W., 744 31st Street, N.W., 742 31 st Street, N.W., and 736 31st Street, N.W., respectively. (See copy of the Public Hearing Notice attached.) 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 Tuesday, February 20 at 7:00 p.m. before the Roanoke City Council in the Council Chamber, pending formal action by the City Planning Commission, which may be viewed on the City's webpage, www.roanokeva aov, under "Roanoke Planning Commission News', following its meeting on February 12. 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 City Clerk Enclosure PC: Myrteen C. Heslep, President /Treasurer, F.V. Cemetery Company, Inc. P. O. Box 6231, Roanoke, Virginia 24017 Q :L SI'Pll'l1ANIE M. MOON I(EYN(II DS, MNR ('i1, ('1,.k CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 '10(pknnr. (540)353 -2541 Far. (5411)353 -1145 eJerk(na»nnokevu.ROv January 31, 2018 Douglas F. Turner L & M Properties, LLC Daisy D. Wright Life Estate Southern Estates, LLC William E. and Lucille B. Reed Margalie Noel Douglas W. and Carrie L. Noell Ladies and Gentlemen ('ECEI.IAF. M(( Y Depnly ('lly Clerk CE('ELIA T. W ERR, ('M(' Assionn( Depn(y City Clerk A public hearing has been advertised to be heard by the City Planning Commission on Monday, February 12, 2018 at 1:30 p.m., in the Council Chamber, Fourth Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request of F.V. Cemetery Company, Inc. to rezone the following properties: the western portion of 752 31st Street, N.W., 744 31st Street, N.W., 742 31st Street, N.W., and 736 31st Street, N.W., respectively. (See copy of the Public Hearing Notice attached.) 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 Tuesday, February 20 at 7:00 p.m. before the Roanoke City Council in the Council Chamber, pending formal action by the City Planning Commission, which may be viewed on the City's webpage, www.roanokeva aov, under "Roanoke Planning Commission News ", following its meeting on February 12. 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, C"' bbn Stephanie M. Moon Rey s, 1 City Clerk Enclosure 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: December 22, 2017 ❑ Rezoning, Not Otherwise Listed DEC 2 0 2017 ROANOKE PCZA lr7 -0614 CITY OF ROANOKE Click Here to Pdnt PLANNING BUILDING & Submittal Number: Orginial Application ❑ Rezoning, Conditional ❑ Rezoning to Planned Unit Development ❑ Establishment of Comprehensive Sign Overlay District ❑ Amendment of Proffered Conditions ❑ Amendment of Planned Unit Development Plan ❑ Amendment of Comprehensive Sign Overlay District Address: 752 31 st Street, 031st Street, 031st Street, 031st Street, Roanoke, VA 24017 Official Tax No(s).: 2530107, 2530123, 2530113, & 2530122 Existing Base Zoning: E] With Conditions RM -1, Residential Mixed Densiry (If multiple zones, please manually enter all dishlcts.) ❑x Without Conditions Ordinance No(s). for Existing Conditions (If applicable): Requested Zoning: ROS, Recreation and Open 5 El With Conditions Proposed Cemetery Fx� Without Conditions Land Use: I Name: I F. V. Cemetery Company. Inc., (Virginia Not - for - Profit Corporation) Phone Number: 54o-344 -4262 Address: P.O. lox 6231 3300 Melrose Avenue Roanoke, VA 24017 E -Mail: MHeslep @theFairviewgroup.org Propel Owner's Signature . Name: NiA Address: N/A Applicant's Signature: Name: Dennis R. Cronk Vice President /Secretary Phone Number. 540- &55a65t Address: 1200 Wells Fargo Tower 10 S Jefferson Street Roanoke, VA 24011 E -Mall: dcronk @poecronk[om � orized Agent's Signature — : � ROANOKE r Completed application form and checklist. F Written narrative explaining the reason for the request. r Metes and bounds description, if applicable. r Filing fee. F Concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures. r- Written proffers. See the City's Guide to Proffered Conditions. Concept plan meeting the Application Requirements of item'2(c)' in Zoning Amendment Procedures. Please label as F 'development plan' if proffered. F Development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance. r Comprehensive signage plan meeting the requirements of Section 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, V- F- if applicable. F- Written proffers to be amended. See the City's Guide to Proffered Conditions. F- Copy of previously adopted Ordinance. r Amended development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance. F- Copy of previously adopted Ordinance. F- Traffic impact analysis. f- Concept plan. F- Proffered conditions, if applicable. F- Required fee. 'An electronic copy of this application and checklist can be found at www.roanokeva.gov /pbd by selecling'Planning Commission' under 'Boards and Commissions', A complete packet must be submitted each time an application is amended, unless otherwise specified by staff. NARRATIVE Description of Proposed Use Fair View Cemetery "EST 1890" is owned and operated by F. V. Cemetery Company Inc. a Virginia Not - for- Profit Corporation (the "Applicant"). The property subject to the rezoning request is identified as the following Roanoke City Tax Parcels 1) a portion of # 2530107 2) # 2530123, # 2530113, # 2530122 (the "Subject Parcels "). The Subject Parcels are currently zoned Residential Mixed Density District (RM -1), and located adjacent to the property also owned by Applicant comprised of 52.86 acres and zoned Recreational Open Space (ROS) as identified as Roanoke City Tax Parcel # 2650102. The Subject Parcels and the 52.86 acres represent Fair View Cemetery. The use of Subject Parcels will not change as the current use is and has always been an integral part of the cemetery operations, providing storage and maintenance facilities for backhoes, lawn mowers, tent wagons, tractors, burial vaults and miscellaneous tools and equipment serving the interment operations and ground maintenance of Fair View Cemetery (the "Cemetery Maintenance Facilities "). The following represents the dates the individual Subject Parcels where acquired by the owner of Fair View Cemetery. Tax parcel #2530107 (1990), Tax parcel #2530123 (1972), Tax parcel #2530113 (1943), Tax parcel #2530122 (1959). Justification for the Change The justification for addressing the rezoning at this time comes as a result of several events over the past decade including heavy snow storms and a fire destroying several storage buildings originally constructed over 100 years ago. The buildings were used to serve the Cemetery Maintenance Facilities. This loss left Fair View Cemetery without adequate, secure and safe storage space. It was only after a lengthy fund - raising campaign for a replacement building did the Applicant become aware the Subject Parcels were not rezoned the same as Roanoke City Tax Parcel # 2650102 during the overall rezoning in 2005 and replacement of a new storage building could not take place due to the two (2) year requirement for reconstruction on a non - conforming parcel had expired. Effect of the proposed amendment on the surrounding neighborhood The effect of the proposed amendment will be positive to the surrounding neighborhood. As the eastern portion of Tax Parcel # 2530107 will remain under the RM -1 Zoning which is comparable to adjoining properties. This portion includes a two -story home built in 1900 to serve as the home of the General Manager of the cemetery and as an entrance to the cemetery. Only that portion of Tax Parcel # 2530107 used as a part of the Cemetery Maintenance Facilities is included in the Subject Parcels to be rezoned. Availability of other similarly zoned properties In the general area and in the City Evergreen Memorial Park at 1307 Summit Ave. SW Tax parcel #1340401 and Blue Ridge Memorial Park at 5721 Airport Road NW Tax parcel #6630103 are two examples of similar properties with their Cemetery Maintenance Facilities zoned Recreational Open Space (ROS). Relationship of the proposed amendment to the City's Comprehensive Plan and the applicable Neighborhood Plan No Change Metes and Bounds description of 3 lots, Tax Map Ws 2530122, 2530113 and 2530123 and the westerly 200 feet of Tax Map #2530107 to be Re -Zoned from RM -1 to ROS, all being the property of F V Cemetery Company, Inc. Legal References: The subject properties were acquired by F V Cemetery Company, Inc. as follows Tax Map # 2530122— Deed Book 1487, Page 179, Parcel 6, Tax Map # 2530113 — Deed Book 1487, Page 179, Parcel 5, Tax Map # 2530123— Deed Book 1487, Page 179, Parcel 7, Tax Map # 2530107 — Deed Book 1487, Page 185 Description: Beginning at a point, an iron pin set, designated Corner # 1, located at the westerly common property corner of the City of Roanoke, Virginia, Tax Parcel # 2530114, being the property of L & M Properties, LLC, as acquired in Deed Instrument # 160001048, being Lot 8A, Map of Goodwill Industry as recorded in Map Book 1, Page 1114 in the Clerk's office of the aforesaid City of Roanoke, Virginia and one of the herein described lots to be rezoned, Tax Map # 2530122, and lying on the easterly property line of Tax Map # 2650102, being the property of F V Cemetery Company, Inc. (Fairview Cemetery) as acquired in Deed Book 1487, Page 179 for the POINT OF BEGINNING. Said point being located N 79° 09'00" W, 520.27 feet and N SO° 09' DO" E, 314.92 feet from the present day projected intersection of Salem Turnpike, N.W. and 31st Street, N.W.. Thence leaving the property of said L & M Properties, LLC and with the common property line between Tax Parcel # 2530122 and # 2650102 both owned by F V Cemetery Company, Inc. N 30° 09' DO" E 334.92 feet along the westerly property lines of the herein described lots to be rezoned, Tax Map # 2530122, Tax Map # 2530113, Tax Map # 2530123 and Tax Map # 2530107 to a point designated Corner 2, being the common property corner of the aforesaid Tax Map # 2530107 and Tax Map # 2530106 being the Property of Douglas F. Turner as acquired in Deed Book 1541, Page 134 of the aforesaid Clerk's office. Thence leaving Tax Map # 2650102, S 79° 09'00" E, 200.00 feet along the common property line of the herein described lot to be rezoned, Tax Map # 2530107 and said Tax Map # 2530106 to a point designated Corner # 3; Thence leaving Tax Map # 2530106, 510° 09' OD" W, with a NEW ZONING LINE through the herein described lot to be rezoned, Tax Map # 2530107, 83.73 feet passing the common corner of Tax Map #2530108, being the property of the Patricia K. Wright and Daisy D. Wright Life Estate as acquired in Deed Instrument # 090013528 designated Corner 'A' in all a total distance of 167.46 feet to a point designated Corner # 4, being the common property corner of Tax Map # 2530108, MaP#2530109, being the property of William E. and Lucille B. Reed as acquired in Deed Book 1127, Page 400 of the aforesaid Clerk's office and the herein described lot to be rezoned, Tax Map # 2530123; Thence leaving Tax Map # 2530108, Patricia K. Wright and Daisy D. Wright Life Estate property and with the common property line between Tax Map # 2530109, William E. and Lucille B. Reed property and the herein described lot to be rezoned, Map # 2530123, N 79° 09'00" W, 50.00 feet to an Iron Pin Set designated Corner # 5 the common Corner of Tax Map # 2530109, Tax Map # 2530123 and the herein described lot to be rezoned, Tax Map # 2530113. Thence leaving Tax Map # 2530123, S 10'09'00" W along the common property line of the aforesaid herein described lot to be rezoned, Tax Map # 2530113 and Tax Map # 2530109, Reed property for 83.73 feet and continuing along the common property line of the aforesaid herein described lot to be rezoned, Tax Map # 2530122 and Tax Map # 2530110, being the property of Douglas W. and Carrie L. Noell as acquired in Deed Instrument # 060003267 for 83.73 feet, in all 167.46 feet to a point lying on the northerly property line of the aforesaid Tax Map # 2530114, L & M Properties, LLC property, designated Corner # 6, which has an Iron Pin bearing N 78° 33'W, 0.25 feet from the corner. Thence leaving Tax Map # 2530110, Noell property and with the common property line of the aforesaid Tax Map # 2530114, L & M Properties, LLC property and aforesaid herein described lot to be rezoned, Tax Map # 2530122, N 79° 09'00" W 150.00 feet to the Point of Beginning and containing 58,607 square feet, 1.345 Acres more or less. 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IPS PQNI Cf BfONMNL It r"w F V LsLxtrxY m we OS DWI.. n IN ,PI] Ydas Arwruq NW F A/ IN V/ E W C E N E T E m v SSEfNC EI Sx REZONED AREA BEING Rb! —I TO ROSs::x� P V CEMESERY COMPANY, INC §fib 7� o -® 3 b FI� u ZONING DISTRICT MAP 752 31st Street NW (a portion of), 0 31st Street NW, 752 31st Street NW, and 0 31st Street NW Official Tax Parcels: 2530107 (portion, 2530123, 2530113, and 2530122, respectively C3 Ares to be Rezoned Zoning AD'. Airport Dee -- - CG Crour al- (general C2S rCial - LargoStC CN: Commercial- Neighborhood D: Dox,intoye, 1 -1. Light Indushlal 1 -2: Heavy Industrial IM Institutional O INPUD. Institutional Planned Unit Rey IPUD: Industrial Planned Unit Dev MX Mixed Use O MXPUD Mixed Use Planned -nit 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 -t - -- - UF'. Urban Flex t _ _ r Conditional Zoning N N' P 0 100 200 Feet VVV f mfx rnAD F4L o .. 253010R el An t- X' F- H ro CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 4P I ropknne: (.540)853-2541 Iran: (540)853 -1145 SI'ITHANIE k1 MOON It F1'NOLDS,iN1N1(. k:mnll: clerk(Wronnokeva'gov (E(ELIALNICCOY ('ily (or k Depnly City Clerk February 23, 2018 Ben Crew Balzer & Associates, Inc. 1208 Corporate Circle Roanoke, Virginia 24018 Dear Mr. Crew, C'EC'E W A'I'. W1,1311, CM(' Asvistmv Deputy City Clerk I am enclosing copy of Ordinance No. 41064 -02218 repealing Ordinance No. 39865- 021814 adopted February 18, 2014, to the extent it placed certain conditions on property located on 1919 10' Street, N. W., designated as Official Tax Map No. 2060534, and replacing them with new proffers; and zone as CG, Commercial - General District, with proffers, as set forth in the Zoning Amendment Amended Application No. 3 dated January 25, 2018. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Tuesday, February 20, 2018 and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon Reyn s, C City Clerk Enclosure Ben Crew February 23, 2018 Page 2 c: Fan Convenience, L.C., 909 4th Street, S. E., Roanoke, Virginia 24013 Matthew T. and Sally G. O'Bryan, P. O. Box 20453, Roanoke, Virginia 24018 Gay B. Randolph, 953 Hunt Avenue, N. W., Roanoke, Virginia 24012 Galt Properties, LLC, 112 S Tryon Street, #760, Charlotte, North Carolina 28202 Roy S. Smith, 945 Hunt Avenue, N. W., Roanoke, Virginia 24012 Alvin J. West, 3910 Tennessee Avenue, N. W., Roanoke, Virginia 24017 Johnson Properties of Roanoke, 1603 Westside Boulevard, N. W., Roanoke, Virginia 24017 Glen N. and Pat H. Forren, 6032 Oriole Lane, S. W., Roanoke, Virginia 24018 Tessa L. Leak, 929 Hunt Avenue, N. W., Roanoke, Virginia 24012 Robert R. Johnson, 1603 Westside Boulevard, N. W., Roanoke, Virginia 24017 Carl L. Garner, 921 Hunt Avenue, N. W., Roanoke, Virginia 24012 Robert and Cathy Johnson, 179 Andrew Drive, Troutville, Virginia 24175 SMH Real Estate, LLP, 418 First Street, S. W., Roanoke, Virginia 24011 Gilbert L. Collins, 903 Hunt Avenue, N. W., Roanoke, Virginia 24012 David Leftwich, Jr., 5530 Wheatfield Lane, Powder Springs, Georgia 30127 Glenda Goh, Executive Director, City Of Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 SWW Investments Company, Inc., 2816 West Club Drive, Salem, Virginia 24153 Daniel W. and Elizabeth A. Doss, 10255 Slings Gap Road, Bent Mountain, Virginia 24059 H. David Mitchell, 3DJMITCHELL, LLC, 16 Carillion Court, Wilmington, Delaware 19803 Juanita Thompson, 936 Greenhurst Avenue, N. W., Roanoke, Virginia 24012 Leon Saunders, 4218 Mountain View Drive, N. W., Roanoke, Virginia 24017 Ruth G. Fowler, 942 Greenhurst Avenue, N. W., Roanoke, Virginia 24012 Wesley S. and Brenda L. Bright, 930 Greenhurst Avenue, N. W., Roanoke, Virginia 24012 Clifton J. and Brenda C. Gunn, 926 Greenhurst Avenue, N. W., Roanoke, Virginia 24012 Sherry Sherrelle Hudson, 920 Greenhurst Avenue, N. W., Roanoke, Virginia 24012 Jass Properties, Inc., 1239 Wildwood Road, Salem, Virginia 24153 Valley Properties, LLC, 3330 Hollins Road, N. E., Suite A, Roanoke, Virginia 24012 Mary C. Parsons, 16 Windsor Lane, Daleville, Virginia 24083 Nelson C. Vest, 4062 Blandfield Drive, Vinton, Virginia 24179 Ben Crew February 23, 2018 Page 2 c: The Honorable Brenda Hamilton, Clerk of Circuit Court Robert S. Cowell, Jr., City Manager Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Luke Pugh, City Engineer Susan Lower, Director of Real Estate Valuation Tina Carr, Secretary, City Planning Commission 45 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of February, 2018. No. 41064 - 022018. AN ORDINANCE to repeal Ordinance No. 39865- 021814, adopted February 18, 2014, to the extent that it placed certain conditions on property located on 1919 10" Street, N.W., bearing Official Tax Map No. 2060534, and placing new proffers on the subject property; and dispensing with the second reading of this ordinance by title. WHEREAS, Saef Khawaja, on behalf of Kawaja Corporation, has made application to the Council of the City of Roanoke, Virginia ( "City Council "), to repeal Ordinance No. 39865- 021814, adopted February 18, 2014, to the extent that it placed certain conditions on property located on 1919 10th Street, N.W., bearing Official "fax Map No. 2060534, and replacing them with new proffers; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on February 20, 2018, 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 amendment; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to this Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the repealing of Ordinance No. 39865 - 021814, adopted February 18, 2014, to the extent it placed certain conditions on property located on 1919 10 °i Street, N.W., bearing Official Tax Map No. 2060534, and replacing them with new proffers; and is of the opinion that the conditions now binding upon the subject property, should be repealed and replaced as requested, and that such properties be zoned CG, Commercial - General District, with proffers, as set forth in the Zoning Amendment Amended Application No. 3 dated January 25, 2018. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Ordinance No. 39865- 021814, adopted February 18, 2014, to the extent it placed certain conditions on property located on 1919 10 °i Street, N.W., bearing Official Tax Map No. 2060534, is hereby REPEALED, and that the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect such action. 2. That proffers set forth in the Zoning Amendment Amended Application No. 3 dated January 25, 2018, are accepted and placed on the property located on 1919 10 °i Street, N.W., bearing Official Tax Map No. 2060534, that such property be zoned CG, Commercial - General District, with conditions proffered by the applicant, and that §36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect such action. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: A -N.)v City Clerk Repcal and replace existins proffers 1919 10fla doe 2 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: February 20, 2018 Subject: Application by SWW Investments Co., LLC, to repeal and replace conditions proffered as part of a previous rezoning at 1919 10th St., N.W., bearing Official Tax No. 2060534. The conditions proposed for repeal, accepted through the adoption of Ordinance No. 3986S-021 81 4, require development in conformance with a development plan and building elevations with proffered conditions including signage, fencing, and a list of uses on Exhibit A. The applicant proposes to proffer a new development plan dated January 25, 2018; a building elevation plan dated December 22, 2017; and a list of permitted uses adding uses to the previous list of permitted uses and removing a use. Recommendation The Planning Commission held a public hearing on Monday, February 12, 2018. By a vote of 6 - 0, with Commissioner Russell absent, the Commission recommended approval of the rezoning request, finding that the Amended Application No. 3 is consistent with the City's Comprehensive Plan, Harrison /Washington Park Neighborhood Plan, and Zoning Ordinance as a vacant property will be able to be used in a manner appropriate to the surrounding neighborhood. Application Information Request: Amendment of Proffered Conditions Owner: Susan W. Williams SWW Investments Co. LLC Applicant: Saef Khawa'a, Kawa'a Corporation Authorized Agent: Ben Crew Balzer & Associates, Inc. City Staff Person: Katharine Gray, Land Use and Urban Design Planner Site Address /Location: 1919 101" St. NW Official Tax Nos.: 2060534 Site Area: 3.08 Acres Existing Zoning: CG(c), Commercial - General (with conditions) Proposed Zoning: CG(c) Commercial - General (with conditions) Existing Land Use: Outdoor Advertising Sign Proposed Land Use: Mixed Use Building (Retail sales establishment, not otherwise listed, and Gasoline Station) and Outdoor Advertising Sign Neighborhood Plan: Harrison /Washington Park Neighborhood Plan Specified Future Land Use: Licht Manufacturing Filing Date: Original Application: December 22, 2017 Amended Application No.l : January 18, 2018 Amended Application No. 2: January 24, 2018 Amended Application No. 3: January 25 2018 Background General Welding and Machine Company operated a business on the site from 1961 until a fire destroyed the facility in 2012. Prior to General Welding, the site had been used for other industrial operations dating to at least 1942. In 2014, the property was rezoned from 1 -1, with conditions, to CG, with conditions, to allow for development of a retail sales establishment on the western third of the property as shown on the proffered development plan with the remaining two- thirds of the property proposed for future neighborhood commercial development. In 2017, the applicant filed an application to amend the conditions to allow them to pursue a mixed use building, including a retail sales establishment and gasoline station, per a development plan, elevation, and proffered list of uses. Conditions Proffered by the Applicant The applicant proposes to repeal the existing conditions on the property and establish new conditions. These conditions include: A development plan dated January 25, 2018, showing a new building, a new configuration of site development with the existing outdoor advertising signs, and a listed set of dimensional regulations. • building elevation plan dated December 22, 2017. • list of permitted uses adding the following uses to the previous list of permitted uses: personal service establishment, not otherwise listed; community market; bakery, confectionary, or similar food production, retail; general service establishment, not otherwise listed; pet grooming; community center; utility distribution or collection, basic; and gasoline station; and removing the following use: resident manager apartment. The complete new list of proposed uses includes: business service establishment, not otherwise listed; financial institution; laboratory, dental medical, or optical; office, general or professional; office, general or professional, large scale; live -work unit; mixed -use building; personal service establishment, not otherwise listed; retail sales establishment, not otherwise listed; bakery, confectionary, or similar food production, retail; general service establishment, not otherwise listed; pet grooming; eating establishment; health and fitness center; artist studio. garden; community market; community center; fire, police, or emergency services; government offices or other government facility, not otherwise listed; wireless telecommunications facility, stealth; utility distribution or collection, basic; outdoor advertising sign; gasoline station; workshop; and agricultural operations (by special exception only). Considerations Surrounding Zoning and Land Use: Compliance with the Zoning Ordinance: The zoning of the property is CG, conditional, with uses and development standards that are reflective of the CN zoning district. The proposed amendment continues to reflect uses and development standards appropriate to the CN zoning district. The CG zoning district allows the outdoor advertising structures that are on the property to remain as a conforming use while the uses proffered and dimensional regulations shown on the proffered development plans ensure that the development of the property is a neighborhood - scaled, pedestrian- oriented development. The buildings will be located close to the street, with pedestrian - scaled signage, main entrances oriented to the street frontage sidewalk, windows or display cases along building facades which face the street, and significant building coverage of the front portion of the site (the rear portion will remain vacant and could be used for additional development in the future). The conditions go above and beyond the requirements of the Zoning Ordinance. The proffered development plan includes right -of -way to be dedicated along Levelton Avenue. This additional right -of -way is needed to accommodate a street configuration appropriate to the neighborhood per the City's Street Design Guidelines. Conformity with the Comprehensive Plan and Neighborhood Plan: Both Vision 2001 -2020 and the Harrison/Washington Park Neighborhood Plan emphasize the Importance of preserving the existing neighborhood village centers. Village centers typically occur throughout the city at approximately half mile 3 Zonin District Land Use North I -1, Light Industrial District Vacant with Single- family with R -5, Residential Single - Family detached dwellings beyond 1 -581 District /RM -1, Residential Mixed Density District beyond 1 -581 South RM -1, Residential Mixed Density Single- family detached dwellings District East RMF, Residential Multifamily District Multifamily dwellings West RM -1, Residential Mixed Density Vacant and Single- family detached District dwellings Compliance with the Zoning Ordinance: The zoning of the property is CG, conditional, with uses and development standards that are reflective of the CN zoning district. The proposed amendment continues to reflect uses and development standards appropriate to the CN zoning district. The CG zoning district allows the outdoor advertising structures that are on the property to remain as a conforming use while the uses proffered and dimensional regulations shown on the proffered development plans ensure that the development of the property is a neighborhood - scaled, pedestrian- oriented development. The buildings will be located close to the street, with pedestrian - scaled signage, main entrances oriented to the street frontage sidewalk, windows or display cases along building facades which face the street, and significant building coverage of the front portion of the site (the rear portion will remain vacant and could be used for additional development in the future). The conditions go above and beyond the requirements of the Zoning Ordinance. The proffered development plan includes right -of -way to be dedicated along Levelton Avenue. This additional right -of -way is needed to accommodate a street configuration appropriate to the neighborhood per the City's Street Design Guidelines. Conformity with the Comprehensive Plan and Neighborhood Plan: Both Vision 2001 -2020 and the Harrison/Washington Park Neighborhood Plan emphasize the Importance of preserving the existing neighborhood village centers. Village centers typically occur throughout the city at approximately half mile 3 increments. The VDOT 10th Street project removed a good portion of the neighborhood village center at 10th Street, N.W. and Andrews Road, N.W. The majority of the property zoned neighborhood commercial district that remains in the area is located in the floodway and floodplain (approximately 2.5 of 2.75 acres), essentially eliminating the area as a commercial area. A neighborhood retail store and gas station existed on one of these properties. The subject property of the rezoning is one of the few large pieces of property remaining in the neighborhood without residential development. The industrial use on the subject property existed for many years and the neighborhood plan designated the property for light manufacturing in the future land use plan based on that historic use. The industrial use ceased in 2012 and the property was subsequently rezoned for commercial activity. While inconsistent with the future land use plan, a neighborhood commercial center was deemed an appropriate reduction in the intensity of development on the property in the rezoning of 2014. Relevant Vision 2001 -2020 policies: NH P2. Neighborhoods as villages. Neighborhoods will function as villages, offering opportunities to live, work, shop, play, and interact in a neighborhood setting. Neighborhood- oriented commercial activity will be encouraged in well- defined village centers. NH P3. Neighborhood Plans. The City will adopt neighborhood plans for all neighborhoods. Neighborhood plans will address land use, zoning, transportation, infrastructure, neighborhood services, and the development of village centers and recognize those neighborhoods with architectural and historic value, among other issues. (excerpt) Design Principles: SMALL VILLAGE /NEIGHBORHOOD CENTER • Function: The center serves the immediate neighborhood. It is located on a major thoroughfare. The center may contain neighborhood- serving commercial and office spaces such as a gas station /convenience store, small shops, and offices. • Scale: The village center is one block in length. Commercial and office uses are located on both sides of the street. The surrounding neighborhood is primarily two- to three -story residential single - family houses. Apartments will be located in converted older homes. • Design Schematic: Small Village /Neighborhood Center. • Land Uses: Existing buildings are renovated, and new mixed -use infill is added within the block to permit retail on the first floor with office and commercial uses on the second and third levels. • Traffic: On- street parking is added during off -peak hours. An articulated crosswalk in brick identifies the area as "pedestrian friendly' and is a reminder to motorists to slow their speed. • Parking: Off - street parking is added to the rear of the buildings. The parking is paved and well lighted. Retail stores have rear entrances to encourage patrons to utilize the parking lots. • Buildings: New buildings in the village center are not set back and must have 75% glass on the first floor to create visual attractiveness. Awnings, canopies, and other fa4ade improvements are encouraged for existing buildings. Residential uses are permitted on the second floor of the commercial buildings. • Streetscape: An area identity is created by careful use of plant materials, lighting, street furniture, and signage. Relevant Harrison /Washington Park Neighborhood Plan Policies: Community Design Policies • Roanoke will implement zoning patterns that allow for and encourage the Harrison and Washington Park neighborhoods to be mixed -use urban neighborhoods with opportunities for housing, employment, and services for all ages, races, and incomes. • The Harrison and Washington Park neighborhoods are recognized as having unique architectural and historic value to the city. Therefore, Roanoke must ensure that future development is compatible with the neighborhood fabric. • Encourage attractive streets that support auto, pedestrian, and bicycle transportation modes. • Encourage development of a village center at Tenth Street and Andrews Road. (This can no longer occur due to the changes listed previously, but a village center is still appropriate in this vicinity of the neighborhood.) Economic Development Policies • Support, retain, and expand businesses that are compatible with neighborhood character and scale. • Encourage good relationships between commercial and residential development through thoughtful site and building design, landscaping, and transitional uses. Public Services • Encourage Crime Prevention Through Environmental Design principles in new development, while respecting good urban design principles. The future land use plan contained in the Harrison & Washington Park Neighborhood Plan designates the property for light manufacturing; however, a land use change was deemed justified at this location during the rezoning process in 2014 because it would reduce the intensity of use in close proximity to residential uses and would be neighborhood- serving. The neighborhood plan should still be amended through a public process to determine whether the extent of future neighborhood commercial development is limited to this parcel or expansion to a more significant village center should be considered. It is important that any development that occurs here is in keeping with the principles of commercial neighborhood development with the design addressing placement, scale, massing, primary entrance, windows, and materials that area reflective of the neighborhood character. Public Comments: None Planning Commission Work Session (January 05. 2018) The following substantive items were discussed in the Planning Commission Work Session: • Proffered condition wording should be substantial conformance, not general conformance to ensure that design is appropriate for the neighborhood setting. • List the permitted uses in the written proffers rather than on the plan for clarity • Remove 'Resident manager apartment' from the list of proposed uses as it is not permitted in the CG District • Add 'Personal service establishment, not otherwise listed to the permitted uses if a barber shop or hair salon are desired. • Include a condition that freestanding and building mounted signage should conform to neighborhood commercial standards It was also discussed that landscaping required by zoning ordinance is not all shown on development plan, but will be required during development review The Applicant subsequently filed amended applications addressing all of the comments. Conclusions and Recommendations Vision 2001 -2020 and the Harrison /Washington Park Neighborhood Plan support village center areas within the neighborhood. In 2014, the rezoning of the property from industrial to commercial with proffered uses and development standards that were reflective of the CN zoning district brought the property into neighborhood scaled development consistent with the general goals of the plans. Part of that decision making process recognized that the existing village center would be altered by the 10" Street project and that there would be demand for a new village center area. Now that the 1011 Street project is nearing completion, it is clear that the existing village center can no longer function as most of the remaining property is flood prone and largely unusable for commercial purposes. The proposed rezoning keeps the neighborhood scaled uses and development standards while changing the retail store to a retail store and gasoline station. As no future development beyond the initial phase is shown on the proffered plan, any further development will be subject to amendment of the proposed conditions and will be subject to public comment and hearing. Staff recommends approval as it allows a use that was displaced from the original village center to remain in the neighborhood in a manner appropriate to the surrounding neighborhood. Planning Commission Public Hearing (January 12 2018 No public comment received. i Nae� 4, Kermit Hale, Chair City Planning Commission c: Robert S. Cowell, Jr., City Manager R. Brian Townsend, Assistant City Manager Chris Chittum, Direct or Planning Building & Development Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Susan W. Williams, SWW Investments Co., LLC Saef Khawaja, Kawaja Corporation Ben Crew, Balzer & Associates, Inc. RoNahe, VGghia 24811 Phone: (540) 1153 -1738 CITY OF ROAN01(F Fax (540) 8631230 PLANNING BUILDING a Filing Daniel / Z s Z o t 6 S* MW Number: Amended APPecatian No. ❑ Rezoning, Not ObeNAae Ustcd ❑ RaWft, Condtibtnd ❑ Retmi ng to Planned loll Development ❑ EstebWhment of Compiehenda Stgn Overlay DsM Aditeea loth Sveeet N.W. ROANOKE Click Here IP Print 0 Amendment of Pmft Conditions ❑ Amendment of Planned Unit Development Plan ❑ Amendment of Comprehensive Sign Overlay Dist lot OWWTUNe(S).: 12060534 ---- — Edstirg ❑ Without Conditions Ordnance Zoning: rcr,Commelal-Geneal With C6ntlKans ®❑ NO(S). (X 385 Planned Utd Development nnili°N6). Requested ❑ YY81oul Conditions Z0*4 �G.Co merdal- Getteral fl W3h Condifions Lan MIXED USE BUILDING& GASOLINE STATION ❑ Planned Unit Development Name KWWINVESTMENTSCO.LLC Plane Number Adddrea: y Emit LCyf /eY —d f . A 2816WESTCLUBDRVE SALEKVA24153 Name XAWAJA CORPORATION Phone NombN: +1 (6a0)91S/2a2 A4ds LaNkhawala®yahaoxom A. BOX 21643 VA 24018 ^ —NONE, — Name: BALZER& ASSOCIATES, INC C/O BENCREW— �Pnane Numherl +1 (SW)397-0SS3 Address E-mail; BCREVJ�BALZFA.CC 1208 CORPORATE CIRCLE ROANOXE,VA24018- PROJECT NARRATIVE: The purpose of this request is to amend proffered conditions for Tax Parcel 2060534 located at 1919 100 Street. The property was formerly rezoned in February 2014 for a Dollar General Retail store that never moved forward with development and construction. The current application is proposing a neighborhood retail store and 4 island fuel canopy to serve the surrounding neighborhoods. The subject development area will be very similar to the area proposed for the Dollar General improvements, but the entire parcel is being requested to be amended as part of this proposal due to the restrictive conditions currently in place. As provided with the previous requests, we are maintaining the designation of a CG zoning with conditions, but using more restrictive dimensional regulations as a framework for the development on -site. The CG zoning designation is critical for the existing billboards to remain on -site and in -place agreements with the billboard companies to be maintained. These details we outlined on the Development Plan indicated as Exhibit A. This will allow for the harmonious development of the proposed store in the neighborhood setting of the I O"' street and Harrison/Washington neighborhood. The proposed configuration of improvements and design of the site have been provided as indicated on the development plan (Exhibit A). The scale of the development has been an important consideration during the design development phase of the project to ensure the neighborhood retail store maintains a small footprint and a 4 island fuel canopy to serve the surrounding community. The proposed small convenience store is approximately 80' x 45' with a fuel canopy directly adjacent to the store. The exterior site signage will be monument in style to maintain the appropriate scale and conform to the neighborhood. Two access points are proposed as part of this development to provide ample access for vehicles to access the site. The site also provides sidewalks along 100 street and Levelton with sidewalk access to [he front of the store for pedestrians. The design of the project ensures that it is scaled appropriately for the neighborhood, it is pedestrian- oriented with sidewalks, and the proposed building is located close to the street. The architectural style of the retail building has been developed utilizing neighborhood scale design techniques. The layout includes an approximately 3,600 s.f. retail store on the Main Level with a potential apartment on the Upper Level. The proposed building exterior will include a combination of split -face concrete masonry, brick, stueco/EIFS, and standing seam metal roofing. Storefront windows on the Main Level, facing both 100 street and Levelton Avenue, shall be aluminum storefront framing with awnings above. The Upper Level shall include dormer windows facing 10th Street, with residential -style windows. It shall be noted that this project will dedicate right of way along Levelton Avenue to accommodate the required street improvements to include curb /gutter, sidewalk, and street trees as required by the Street Design Guidelines during the comprehensive site plan review. The site is located within the neighborhood planning district of Harrison /Washington Park and this project exemplifies many of the qualities and attributes expressed within the neighborhood plan for future projects. This project develops underutilized commercial property in an appropriate location, provides an active use for the property, and a site design that is sensitive to the surrounding properties. The proposed use as a neighborhood retail store and small gasoline station is compatible in scale and format with the surrounding character of the area. This project will be developed in accordance with all applicable regulations including, but not limited to, the Roanoke City Zoning Ordinance. The screening requirements for a fuel station are being provided along the residential property line to the south. In addition to the standard requirements, we are providing a 6' tall screening fence along with 6' tall (at the time of planting) evergreen trees as an additional screen. All Roanoke City Stormwater Management Design Manual requirements shall also be met for the project. PROFFERS TO BE REPEALED: The applicant hereby requests that the following proffered conditions enacted by Ordinance No. 39865- 021814 be repealed as they pertain to Official Tax Number 2060534: 1. The applicant proffers that the property will be developed in substantial conformity with the development plan prepared by J.MW, PC Engineering, Exhibit A & B dated February 11, 2014, Exhibit C dated June 18, 2013, building elevation plan prepared by Rick Jack Architect, Exhibit D dated February 11, 2014 and Proffered Conditions included on Exhibit A, copies of which are attached to this application, subject to any changes that may be required by the City during comprehensive development plan review. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540)8534541 k'ez: (540)953 -1165 STEPIIANIEM. MOON, MMC E -mall ulcrk4ilronnokcvu,gov City Clerk February 19, 2014 Richard White, Agent L.M.W., P.C. 102 Albermarle Avenue, S. E. Roanoke, Virginia 24013 Dear Mr. White: JONATHAN E. CRAIT, CMC Deputy Cly Clerk CECELIA T. WEDS, CMC Asrlsrant Deputy City Clerk I am enclosing copy of Ordinance No. 39865- 021814 repealing certain proffers and rezoning property located at 1919 10" Street, N. W., from Light Industrial Dlstdct (1 -1(c)) to Commercial - General District (CG(c)), with conditions, as set forth in the Zoning Amended Application No. 3 dated February 12, 2014. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, February 18, 2014; and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon, MMC City Clerk Enclosure PC: Paul Sigmon, 2015 Knollwood Road, S. W., Roanoke, Virginia 24018 Matthew O'Bryan, P. O, Box 20453, Roanoke, Virginia 24018 Gay Randolph, 953 Hunt Avenue, N, W., Roanoke, Virginia 24012 Kevin and Heather Kissner, PLK Investments, P. O. Box 613, Daleville, Virginia 24083 Richard White, Agent L.M.W., P.C. February 19, 2014 Page 2 pc: Roy Smith, 945 Hunt Avenue, N. W., Roanoke, Virginia 24012 Alvin West, 3910 Tennessee Avenue, N. W., Roanoke, Virginia 24017 Johnson Properties of Roanoke, 1603 Westside Boulevard, N. W., Roanoke, Virginia 24017 Glen Forren, 6032 Oriole Lane, S. W., Roanoke, Virginia 24018 Tessa Leak. 929 Hunt Avenue, N. W., Roanoke, Virginia 24012 Robert Johnson, 1603 Westside Boulevard, N. W., Roanoke, Virginia 24017 Carl Garner, 921 hunt Avenue, N. W., Roanoke, Virginia 24012 Robert and Cathy Johnson, 179 Andrew Drive, Tmutville, Virginia 24175 White Pine Development, LLC, P. 0. Box 2705, Roanoke, Virginia 24001 Janet Collins, 903 Hunt Avenue, N. W., Roanoke, Virginia 24012 Carliss Evans, 7278 South Barrens Road, Apartment 103, Roanoke, Virginia 24019 Roanoke Redevelopment and Housing Authority, P. O. Box 6359, Roanoke, Virginia 24017 Valley Properties, LLC, 3330 Hollins Road, N. E., Roanoke, Virginia 24012 Mary Parsons, 16 Windsor Lane, Daleville, Virginia 24083 Nelson Vest, 1007 Hunt Avenue, N. W., Roanoke, Virginia 24012 Dr. Jeanette Manns, President, Washington Park Alliance for Neighborhoods, 1826 10th Street, N. W., Roanoke, Virginia 24017 The Honorable Brenda S. Hamilton, Clerk of Circuit Court Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Ann H. Shawver, Director of Finance Steve Talevi, Assistant City Attorney Philip Schirmer, City Engineer Susan Lower, Director, Real Estate Valuation Rebecca Cockram, Secretary, City Planning Commission v( �t r, �i IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of February, 2014. No. 39865 - 021814. AN ORDINANCE to amend § 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to repeal certain proffers and to rezone certain property within the City, subject to a condition proffered by the applicant; and dispensing with the second reading of this ordinance by title. WHEREAS, JMB Investment Company, LLC has made application to the Council of the City of Roanoke, Virginia ( "City Council "), to repeal certain proffers pertaining to property located at 1919 10 "' Street, N.W., bearing Official Tax No. 2060534, and to have such property rezoned from Light Industrial District, with conditions (l- 1(c)), to Commercial - General District (CG(c)), subject to a certain condition; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, considered Zoning Amended Application No. 2, as amended by the applicant at the public heating held on February 11, 2014, mud after conducting the public hearing on the matter, has made its recommendation to City Council; WHEREAS, all of the applicant's requests which the City Planning Commission considered at the public hearing on February 11, 2014, is contained in a Zoning Amended Application No. 3 dated February 12, 2014; WHEREAS, a public heating was held by City Council on such Zoning Amended Application No. 3 at its meeting on February 18, 2014, after due and timely notice thereof 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 mid 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, mid the matters presented at the public hearing, finds that the public necessity, convenience, general welfare acid good zoning practice, require the rezoning of the subject property, and for those reasons, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that proffers accepted by City Council on September 24, 1984, with the adoption of Ordinance No. 27204, and on February 5, 1996, with the adoption of Ordinance No. 32816 - 020596, are hereby repealed, and that Official Tax No. 2060534 located at 1919 10a' Street, N.W., be, and is hereby rezoned from Light Industrial, with conditions (I- 1(c)), to Commercial - General (CG(c)), subject to a certain condition proffered by the applicant, as set forth in the Zoning Amended Application No. 3 dated February 12, 2014. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. E T. City Clerk 2 PROFFERED CONDITIONS: The applicant hereby agrees to proffer the following conditions as they apply to the 3.08 acre +/- parcel identified as Official Tax Number 2060534 as part of the amendment of proffered conditions. 1. The property will be developed in substantial conformance with the development plan prepared by Balzer and Associates, Inc. entitled "10th Street Retail Store — Exhibit A" dated January 25, 2018, subject to any changes that may be required by the City of Roanoke during comprehensive development plan review. Dimensional regulations as shown on the development plan shall be strictly adhered to. 2. The building and fuel canopy shall be developed in substantial conformance with the submitted architectural elevations prepared by Balzer and Associates, Inc. entitled '10'h Street Retail Store — Exhibit B" dated December 22, 2017 subject to any changes that may be required by the City of Roanoke during building plan or comprehensive site plan review. 3. The property shall be used for only the following and additional uses: a. Business Service Establishment, not otherwise listed b. Financial Institution c. Laboratory, dental, medical, or optical d. Office, general or professional e. Office, general or professional, large scale f. Live -work unit g. Mixed -use building h. Personal service establishment, not otherwise listed 1. Retail sales establishment, not otherwise listed j. Bakery, confectionary, or similarfood production, retail. k. General Service Establishment, not otherwise listed 1. Pet Grooming m. Eating establishment n. Health and fitness center o. Artist studio p. Community garden q. Community market r. Community center s. Fire, Police, or emergency services t. Government offices or other government facility, not otherwise listed u. Wireless telecommunications facility, stealth v, Utility Distribution or collection, basic The following additional uses: a. Outdoor advertising sign b. Gasoline Station c Workshop d. Agricultural operations (by special exception only Page I I I �) \ƒ§§ /Gill ( ;w( � , . MIR \Hhn |�� )§ \k \ / \)\§ j(• ® ƒ� \)\§ F I r_ rr� 4d till", ' I2 I� L ',� October 22, 2017 City of Roanoke Planning and Building Development 215 Church Avenue, SW, Room 166 Roanoke, VA 24011 (540) 853 -1502 Attn: Katherine Gray, Architect, Leed AP RE: 10th Street Retail Store 191910th Street N.W. Roanoke, VA Amendment of Proffered Conditions Request Dear Ms. Gray, It is Lamar's understanding that Kawaja Corporation is under a real estate contract with the ownerto purchase the subject property and Is requesting to the City of Roanoke to modify the existing proffered conditions. The proposed project is for the construction of a retail building and fuel canopy. Lamar supports this request and the attached development plan and architectural elevations contained within the current application. It will provide an attractive and appropriate use to this portion of the property and the 10"' Street corridor, while improving the quality of the current vacant parcel. Sincerely, Aaron Brady Real Estate Manager Lamar Advertising of Roanoke 1545 Patrick Road • Roanoke, lArginis 24012 11,800.788 3009.540.345.0494 • Fax 540343.6570 ZONING DISTRICT MAP 1919 10th Street NW Official Tax Parcels: 2060534 1= Area to be Rezoned Zoning AD: Airport Dev CG. Commercial- General CLS Commercml-Large Site CIA Commercial - Neighborhood D. Downbwn 1 -1. Light Industrial 1 -2. Heavy Industrial IN Institutional OINPUD_ Institutional Planned Unit Dev ® IPUD: Industrial Planned Unit Dev MX. Mixed Use MXPUD. Mixed Use Planned Unit Dev R -12'. Res Single Family R -3. Res Single-Family R -5: Res Single-Family R -]. 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 r Conditional Zoning N W L' + 0 100 200 Feet t S s QUFfN 4 t,F ti a. h Y G9 re O q0 y h RfENFURSTgVE CEO us Adjoining Property Owners for 1919 10th Street, N.W. (Official Tax Map No. 2060534 TAXID MailAddress Mail City St Zip LocalAddress LocalCity Zip Ownerl 2060502 PO BOX 20453 ROANOKE VA 24018 190910TH ST NW ROANOKE 24012 O'BRYAN MATTHEW T & SALLY G 2060504 953 HUNT AVE NW ROANOKE VA 24012 953 HUNTAVE NW ROANOKE 24012 RANDOLPH GAY 2060505 112 STRYON ST #760 CHARLOTTE NC 28202 949 HUNTAVE NW ROANOKE 24012 GALT PROPERTIES LLC 2060506 945 HUNT AVE NW ROANOKE VA 24012 945 HUNTAVE NW ROANOKE 24012 SMITH ROY 2060507 3910TENNESSEE AVE NW ROANOKE VA 24017 941 HUNTAVE NW ROANOKE 24012 WEST ALVINI 2060508 1603 WESTSIDE BLVD NW ROANOKE VA 24017 937 HUNTAVE NW ROANOKE 24012 JOHNSON PROPERTIES OF ROANOKE 2060509 6032 ORIOLE LN ROANOKE VA 24018 933 HUNTAVE NW ROANOKE 24012 FORREN GLEN N &FORREN PATH 2060510 929 HUNTAVE NW ROANOKE VA 24012 929 HUNTAVE NW ROANOKE 24012 LEAK TESSAL 2060511 1603 WESTSIDE BLVD NW ROANOKE VA 24017 925 HUNTAVE NW ROANOKE 24012 JOHNSON ROBERT R 2060512 921 HUNTAVE NW ROANOKE VA 24012 921 HUNTAVE NW ROANOKE 24012 GARNER CARL 2060513 379 ANDREW DR TROUTVILLE VA 24175 915 HUNTAVE NW ROANOKE 24012 JOHNSON ROBERT &CATHY 2060514 418 FIRST ST SW ROANOKE VA 24011 913 HUNTAVE NW ROANOKE 24012 SMH REAL ESTATE LLP 2060515 418 FIRST ST SW ROANOKE VA 24011 0HUNT AV NW ROANOKE SMH REAL ESTATE LLP 2060516 903 HUNT AVE NW ROANOKE VA 24012 903 HUNTAVE NW ROANOKE 24012 COLLINSGILBERTL 2060517 5530 WHEATFIELD LN POWDER SPRINGS GA 30127 839 HUNT AVE NW ROANOKE 24012 LEFTWICH DAVID IR 2060525 2624 SALEM TPKE NW ROANOKE VA 24017 0 LEVELTON AV NW ROANOKE CITY OF ROANOKE REDEVELOPMENT & LOUIS 2060534 2816 WEST CLUB DR SALEM VA 24153 191930TH ST NW ROANOKE 24012 SWW INVESTMENTS CO INC 2060824 10255 SLINGS GAP RD BENT MOUNTAIN VA 24059 904 GREENHURST AVE NW ROANOKE 24012 DOSS DANIEL W & ELIZABETH A 2060825 16 CARILLION CT WILMINGTON DE 19803 908 GREENHURST AVE NW ROANOKE 24012 3DIMITCHELL LLC 2060826 16 CARILLION CT WILMINGTON DE 19803 914 GREENHURST AVE NW ROANOKE 24012 MITCHELL H DAVID 2060827 936 GREENHURST AVE NW ROANOKE VA 24012 936 GREENHURST AVE NW ROANOKE 24012 THOMPSON JUANITA 2060828 215 CHURCH AVE SW ROANOKE VA 24016 010TH ST NW ROANOKE CITY OF ROANOKE 2060831 4218 MOUNTAIN VIEW DR ROANOKE VA 24017 202130TH ST NW ROANOKE 24012 SAUNDERS LEON 2060832 942 GREENHURST AVE NW ROANOKE VA 24012 942 GREENHURST AVE NW ROANOKE 24012 FOWLER RUTH 2060833 930 GREENHURST AVE NW ROANOKE VA 24012 930 GREENHURST AVE NW ROANOKE 24012 BRIGHT WESLEY 5 & BRENDA L 2060834 926 GREENHURST AVE NW ROANOKE VA 24012 926 GREENHURST AVE NW ROANOKE 24012 GUNN CLIFTON J & BRENDA C 2060835 920 GREENHURST AVE NW ROANOKE VA 24012 920 GREENHURST AVE NW ROANOKE 24012 HUDSON SHERRY SHERRELLE 2140902 1239 WILDWOOD RD SALEM VA 24153 201810TH ST NW ROANOKE 24012 JASS PROPERTIES INC 2141001 3330 HOLLINS RD NE STE A ROANOKE VA 24012 010TH ST NW ROANOKE VALLEY PROPERTIES LLC 2141002 16 WINDSOR LN DALEVILLE VA 24083 010TH ST NW ROANOKE PARSONS MARY C 2141012 4062 BLANDFIELD DR VINTON VA 24179 1007 HUNT AVE NW ROANOKE 24012 VEST NELSON 2060413 9094TH ST SE ROANOKE VA 24013 840 QUEEN AVE NW ROANOKE 24012 FAN CONVENIENCE LC 2060412 9094TH ST SE ROANOKE VA 24013 0QUEEN AV NW ROANOKE FAN CONVENIENCE LC 2060403 215 CHURCH AVE SW ROANOKE VA 00000 0LEVELTON AV NW ROANOKE CITY OF ROANOKE The Roanoke Times Roanoke, Virginia Affidavit of Publication q I Y OF ROANOKE - PI ANNING AIIn TINA CARR 215 CHURCH AVENUL SW ST rL 456 NOEL C TAYLOR MUNICIPAL BUILDING ROANOkE, VA 24 011 -1 5 3 6 Account Number l 6029306 Date 1 February 06, 2018 ❑ate Category Descrip un Ad Size Total Cost 02/12/2018 Legal Notices PUBLIC HEARING NOTICE Any public hearings advertised M 1 x 194 L 1,83928 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: 01/30, 0210612016 The First insertion being given ... 01/30/2018 Newspaper reference: 0000691780 Glom. (/�4nne'. Billidg- REpresentative (, Sworn to and subscribed before me this Tuesday, February 6, 2018 V, , / —417, �P.•' State of Virginia __ ham; PUBLIC City /County of Roanoke '�� '��/////��/////��t��^��.�� '�� /��f� ' �.: REG. #332964: My Commission expires` 3t 21 n / = M�YCOOMMIMISSSION It: Ib' 167 CN1�L\- 11�wY�aA •7a'L'Y�]ii9WICPL9tea�.raa1' 01-i PUBLIC HEARING NOTICE Any publlc beannms ativertised hemin will be had In the City control Chamber. fourth Ilmq Room 450, Noel c. Taylor Municipal rreffer, 215 [butch Avenue, SW., Roarmol. Virginia. Any applications will be vidd.ble for review in the Planning, Be & Develclarout office, fir51 floor, Rome 166, 215 Church Av enue, S.W, Roanoke Vlminla. The City of Roanoke Planning Commission will bold public hearing, I. February 12, 2010, at 1:30 pmy, or as 2-n thereafter as m m e adert may be soon ardto consider these applications_ Application by Chris Benson to amend the came item, predicted as part of a therapy, mvemirm at 245 Townside Road, SW., bearing Official Tax Map NO 5490307. The amendment, to the proffers attested by the consul.. of Ordinance No. 40131121916 on yon, no roam oenmy speclfl silo a maximum floor area ratio Of 50. The comprehensive pion designates the properly for not Indu9rlal use, but does not specify tlen, fly - The prep .SW use of the wool, is a kernel, with oultlnor pens . a,p ,noon by F.V. Cemetery Company, Ins, to rezone the belaying properties: the elation portion of 2521111 Ilea4 New., that extends 200' in an easterly direction from its boundary with Fairview romomry lac arc 11 .00 paral ek clos.y Dizrrmt to Recreation and Open Spare I. The land use cateoories arm group living; Commensal; asganbly and entertainment; publlc, mailefonal and Immunity facilities; toomm atmn; utility', agricultural; and accessory. The comprehenaive plan designates the property for two family use with no density swified. The pall use of the property is cemetery. Application by SWW Investments Co., LLC, to repeal and replace conditions proffered as pare Of a previous rezoning at 19191 %h Sur N. W., bearing omcml tar No. 2060534. The mWitlons pvip.s,tl far rape.1, ¢riled though Ihr atlophm of Ordinance N0. 39865 - 021014, el, development in c.nmrmance wuh a Or plan and building elevations with proffered sound 'ions including signi(Icing, all a list of uses on Exhibit A allowing only to following th business Is rvice eslabhohment lot other,,,, I,find financial in,f0utirni laboratory, dental medical, or optical; office, general or pm olespnal, office, ganeral prical ional, large scale; battles, advertising sign{ retail sales establishment, not otherwise listed I've work Pmt; mixed use building; everything eating eptaalshmenb health cad fill,„ [ante,', aren sk io: occonarnedy 9anlen, fire, pile,, or emergency services; government off 'es or other government farilTy, not otherwise listed; wireless telecommunications funity, stealth; agricultural operations, and rppesideel rearki proposes topprofferna new devetopllcant pment plan tlated lanuary 25. 2018, showing a w building, a new conliguration of site development with the existing colon, advertising signs, and tllmen.iorlal regulab005; a fill i I d ine elevation plan dated December 22. 20111 and a list at permitted u add,,, me tnimwmm bay, to Oe previous list of permitted u permnal s e establishment, Snot rve mhery.c listed; community market: bakery, confectionary, , m similar food prodbtlion, retail: general s astablishm ica not otherwise listed, pet grooming community cenenter, utid slimdistribution m bad bathe and gsim so: r antl rem ream the following use: resident manager riot enCommeerciaal Generall Disinc d t in clude accommodations and group living; commercial; industrial', assembly and entertainment, public, imtrotlonal and Common ly beiboys transportation, utility, agricultural i and receuory, with a maximum floor area atio of CO. The comprehensive plan designates the property for light manufactured use. The proposed use of the property is a mixed use building to include ota8 sales establishment Tina M. Cam 5ecret,,. City Planning Commission City Council will hold public hearings on ae afore Hid application o0 y 2 Febmare, 2018, at 7:00 p.m, or as oa thereafter as the Cecil,,, m ay be heard Citizens are aevisetl that the date on which these matters will be heard is a departure from the isual date on which such matters are heard by City Council. Any person with a morality requiring any special accommodation to attend or partldpate In the hearings should contact the City Clerk's office at (540) 8532541 at least five clays prior to the scheduled hearings. Slepbae, M. rune Reynold, MOO City CA, I The City of Barrel Board of Zoning Apneals will hold liable morm, on inbrudry 14, IDla, at 100 p.m., Or as oe thereafter as the matters may be heard to Insider their applications. Applcatal by multh Stmcbiltl for property located at 418 Day Avenue, S W., bearing Official Tax Map No. 1@OIOL mold RM -1, Crop Pool Myself Density District. for a ,,cost excepdun pursuant to Section 342-311, rare , Code of the City of Roanoke (1919), a mended to establish a homestays Application by Bret Flory for property fed at 3130 Franklin Road S W., forcing Official ax No. 1300413, zoned CG, Commercial General oisbicl, fora ,pedal tycoons, personal to Section 36.2315, Zoning. Code of the City of Roanoke (19)9) , as amended, to establish a motor vehicle or finger printing and body repair shop at this location, Donna M. Payne. Secretary, City grant al Zoning Appeals (6911th) PUBLIC HEARING NOTICE PUBLIC HEARING NOTICE Any 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. Any applications will be available for review in the Planning, Building, & Development office, first floor, Room 166,215 Church Avenue, S.W., Roanoke, Virginia. The City of Roanoke Planning Commission will hold public hearings on February 12, 2018, at 1:30 p.m., or as soon thereafter as the matters may be heard, to consider these applications: Application by Chris Benson to 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. 40731 - 121916 on December 19, 2016, propose to add kennel, outdoor pens or runs, to the list of permitted uses and to remove the condition prohibiting the outdoor boarding of animals. 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 outdoor pens or runs. Application by F.V. Cemetery Company, Inc., to rezone the following properties: the western portion of 752 31st Street, N.W., that extends 200' in an easterly direction from its boundary with Fairview cemetery; 744 31st Street, N.W.; 742 31st Street, NW.; and 736 31st Street, N.W.; bearing Official Tax Map Nos. 2530107, 2530123, 2530113, and 2530122, respectively, from RM -1, Residential Mixed Density District, to ROS, Recreation and Open Space District. The Ind use categories permitted in the Recreation and Open Space District include accommodations and group living; commercial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural: and accessory. The comprehensive plan designates the property for two- family use with no density specified. The proposed use of the property is cemetery. Application by S W W Investments Co., LLC, to repeat and replace conditions proffered as part of a previous rezoning at 1919 10th St., N.W., bearing Official Tax No. 2060534. The conditions proposed for repeal, accepted through the adoption of Ordinance No. 39865- 021814, require development in conformance with a development plan and building elevations with proffered conditions including signage, fencing, and a list of uses on Exhibit A allowing only the following uses: business service establishment, not otherwise listed; financial institution; laboratory, dental medical, or optical; office, general or professional; office, general or professional, large scale; outdoor advertising sign; retail sales establishment, not otherwise listed; live -work unit; mixed- use building; workshop; eating establishment; health and fitness center; artist studio; community garden; fire, police, or emergency services; government offices or other government facility, not otherwise listed; wireless telecommunications facility, stealth; agricultural operations, and resident manager apartment. The applicant proposes to proffer a new development plan dated January 25, 2018, showing a new building, a new configuration of site development with the existing outdoor advertising signs, and dimensional regulations; a building elevation plan dated December 22, 2017; and a list of permitted uses adding the following uses to the previous list of permitted uses: personal service establishment, not otherwise listed; community market; bakery, confectionary, or similar food production, retail; general service establishment, not otherwise listed; pet grooming; community center; utility distribution or collection, basic; and gasoline station; and removing the following use: resident manager apartment. 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 a maximum floor area ratio of 5.0. The comprehensive plan designates the property for light manufacturing use. The proposed use of the property is a mixed use building to include retail sales establishment and gasoline station. Tina M. Cars, Secretary, City Planning Commission City Council will hold public hearings on the aforesaid applications on February 20, 2018, at 7:00 p.m., or as soon thereafter as the matters may be heard. Citizens arc advised that the date on which these matters will be heard is a departure from the usual date on which such matters are heard by City Council. 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 hearings. Stephanie M. Moon Reynolds, MMC, City Clerk The City of Roanoke Board of Zoning Appeals will hold public hearings on February 14, 2018, at 1:00 p.m., or as soon thereafter as the matters may be heard, to consider these applications: Application by Judith Starchild for property located at 418 Day Avenue, S.W., bearing Official Tax Map No. 1020107, zoned RM -1, Residential Mixed Density District, for a special exception pursuant to Section 36.2 -311, Zoning, Code of the City of Roanoke (1979), as amended, to establish a homestay. Application by Bret Flory for property located at 3130 Franklin Road, S.W., bearing Official Tax No. 1300413, zoned CG, Commercial General District, for a special exception pursuant to Section 36.2 -315, Zoning, Code of the City of Roanoke (1979), as amended, to establish a motor vehicle or trailer painting and body repair shop at this location. Donna M. Payne, Secretary, City Board of Zoning Appeals Please publish in newspaper on Tuesday, January 30, 2018, and Tuesday, February 6, 2018. Please bill and send affidavit of publication to: Tina M. Carr Secretary to the Planning Commission Planning, Building, & Development City of Roanoke Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 166 Roanoke, VA 24011 540/853 -1730 tina.carr : roanokeva.gov Donna M. Payne Secretary to the Board of Zoning Appeals Planning, Building, & Development City of Roanoke Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 166 Roanoke, VA 24011 540/853 -1730 donna.payne(i roanokeva.eov 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 �?, L CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Cin-ch Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 8532541 Fax: (540) 853 -1145 51 EPIIANIF M.MOON REYNOLDS, MMC E -mail rlerk(�rpm,okeva.8ov CECELIA F. MCCOY ChyClerk Deptily City Clerk January 31, 2018 CECELIA T. WEDB, CMC Assistant Deputy City Clerk Ben Crew Balzer & Associates, Inc. 1208 Corporate Circle Roanoke, Virginia 24018 Dear Mr. Crew: A public hearing has been advertised to be heard by the City Planning Commission on Monday, February 12, 2018 at 1:30 p.m., in the Council Chamber, Fourth Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request of SWW Investments Co., LLC to repeal and replace conditions proffered as part of a previous rezoning at 1919 10th Street, N.W. (See copy of the Public Hearing Notice attached.) 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 Tuesday, February 20 at 7:00 p.m. before the Roanoke City Council in the Council Chamber, pending formal action by the City Planning Commission, which may be viewed on the City's webpage, www.roanokeva gov, under "Roanoke Planning Commission News', following its meeting on February 12. 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 R Ids City Clerk Enclosure c: Sue Williams, SWW Investments Company, LLC, 2916 West Club Drive, Salem, Virginia 24153 Kawaja Corporation, P. O. Box 21843, Roanoke, Virginia 24018 STEPHANIE M. MOON RE)'NOLDS, MM(' Ct, (1,,k CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 TelepOOne: (540) 853 -2541 Fox: (540) 853 -1145 &nt,iL clerk(mronnokemt.gov Fan Convenience, L.C. Matthew T. and Sally G. O'Bryan Gay B. Randolph Galt Properties, LLC Roy S. Smith Alvin J. West Johnson Properties of Roanoke Glen N. and Pat H. Forren Tessa L. Leak Robert R. Johnson Carl L. Garner Robert and Cathy Johnson SMH Real Estate, LLP Gilbert L. Collins David Leftwich, Jr. Ladies and Gentlemen: January 31, 2018 ('ECELIA E. M('('OY Depot) City Citrk ('F('F.LIA T. W F.aa, CM(' AW,r t Deputy City Out, City Of Roanoke Redevelopment and Housing Authority Daniel W. and Elizabeth A. Doss 3DJMITCHELL, LLC H. David Mitchell Juanita Thompson Leon Saunders Ruth G. Fowler Wesley S. and Brenda L. Bright Clifton J. and Brenda C. Gunn Sherry Sherrelle Hudson Jess Properties, Inc. Valley Properties, LLC Mary C. Parsons Nelson C. Vest A public hearing has been advertised to be heard by the City Planning Commission on Monday, February 12, 2018 at 1:30 p.m., in the Council Chamber, Fourth Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request of SWW Investments Co., LLC to repeal and replace conditions proffered as part of a previous rezoning at 1919 10th Street, N.W. (See copy of the Public Hearing Notice attached.) 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 Tuesday, February 20 at 7:00 p.m. before the Roanoke City Council in the Council Chamber, pending formal action by the City Planning Commission, which may be viewed on the City's webpage, www.roanokeva cov, under "Roanoke Planning Commission News ", following its meeting on February 12. 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. Adjoining Property Owners January 31, 2018 Page 2 Questions regarding the City Council public hearing may be directed to the City Clerk's Office at (540) 853 -2541. Sincerely, IS m. � Stephanie M. Moon Rey4�ds, M C City Clerk Enclosure ROANOKE Roan 155, Noel C. Taylor Mmidpal BuSriilg i IlY U! RDANOKE 215 Church Avenue, S.W. Roanoke, Vkglnla 24011 KnNNING BUILDINGS F CIIdc Hereloprinl Phase: (540)853.1730 Fax (540)553 -1230 DEVELOPMENT Rung DOWIMI2018 Submittal Number. Amended Application NU.2 ❑ Reaching, Not OBlerahe UMetl . ❑ Rezoning, Can owmid ❑ Rowing to Panned Unit Development ❑ EsMblbhmertof Canprehenalve Sign Overlay Dbblct Address: 1191910th Strom N.W. O1flaM To No(4: x1 AnNmdmeiSot Proffered CandlLiona ❑ Aroadowd of Planned UnitDevelgxrent Pin ❑ Amadment of Comprehensive Sum Overlay DIsM E*U g ❑ Wendt COnmons Zanbg: CG, CommadaFGnnenl ❑% With Conditions Q Plumed Lkd DavebIment Re9eeaed Q Wtlnnt Condlohs Zadng: CG.Commadal- Genaal ® With Conditions ❑ Planned Unk Developm at Ordmenlce ��l�k 65-021814 =dL%g MIXED USE BUILDING& GASOUNE STATION None: SWWiNVESTMENTS CO. LUC PhoneNUmhec /ls fPCBS -34t3L Address: :2816WESTCLUR DRIVE SALEM,VA24153 _ E-Tat Name: KAWAJA CORPORATION Phone Number: N1540)915 -1242 AmfBa. .Q 110X 2�1B4— 3�ROANOKCVA24018 Em l: Sa hoocom Noma BALZER& ASSOCIATES, INC CIO BEN CREW - - Phone Number. +I (510)397 -0543 Address r208CORPORATE CIRCLE ROANOKE,VA24018 _� &na5: BCkEWpBALZFA.CC aa.rr�as.,. PROJECT NARRATIVE: 'I he purpose of this request is to amend proffered conditions for Tax Parcel 2060534 located at 1919 10 Street. The property was formerly rezoned in February 2014 for a Dollar General Retail store that never moved forward with development and construction. The current application is proposing a neighborhood retail store and 4 island fuel canopy to serve the surrounding neighborhoods. The subject development area will be very similar to the area proposed for the Dollar General improvements, but the entire parcel is being requested to be amended as part of this proposal due to the restrictive conditions currently in place. As provided with the previous requests, we are maintaining the designation of a CG zoning with conditions, but using the CN development standards as a framework for the development on- site. The CG zoning designation is critical for the existing billboards to remain on -site and in -place agreements with the billboard companies to be maintained. These details are outlined on the Development Plan indicated as Exhibit A. This will allow for the harmonious development of the proposed store in the neighborhood setting of the I street and Harrison/Washington neighborhood. The proposed configuration of improvements and design of the site have been provided as indicated on the development plan (Exhibit A). The scale of the development has been an important consideration during the design development phase of the project to ensure the neighborhood retail store maintains a small footprint and a 4 island fuel canopy to serve the surrounding community. The proposed small convenience store is approximately 80' x 45' with a fuel canopy directly adjacent to the store. The exterior site signage will be monument in style to maintain the appropriate scale and conform to the neighborhood. Two access points are proposed as part of this development to provide ample access for vehicles to access the site. The site also provides sidewalks along I O'" street and Levelton with sidewalk access to the front of the store for pedestrians. The design of the project ensures that it is scaled appropriately for the neighborhood, it is pedestrian - oriented with sidewalks, and the proposed building is located close to the street. The architectural style of the retail building has been developed utilizing neighborhood scale design techniques. The layout includes an approximately 3,600 s.f retail store on the Main Level with a potential apartment on the Upper Level. The proposed building exterior will include a combination of split -face concrete masonry, brick, stucco/EIFS, and standing seam metal roofing. Storefront windows on the Main Level, facing both W street and Levelton Avenue, shall be aluminum storefront framing with awnings above. The Upper Level shall include dormer windows facing I P Street, with residential -style windows. It shall be noted that this project will dedicate right of way along Levelton Avenue to accommodate the required street improvements to include curb /gutter, sidewalk, and street trees as required by the Street Design Guidelines during the comprehensive site plan review, The site is located within the neighborhood planning district of Harrison /Washington Park and this project exemplifies many of the qualities and attributes expressed within the neighborhood plan for future projects. This project develops underutilized commercial property in an appropriate location, provides an active use for the property, and a site design that is sensitive to the surrounding properties. The proposed use as a neighborhood retail store and small gasoline station is compatible in scale and format with the surrounding character of the area. This project will be developed in accordance with all applicable regulations including, but not limited to, the Roanoke City Zoning Ordinance. The screening requirements for a fuel station are being provided along the residential property line to the south. In addition to the standard requirements, we are providing a 6' tall screening fence along with 6' tall (at the time of planting) evergreen trees as an additional screen. All Roanoke City Stormwater Management Design Manual requirements shall also be met for the project. PROFFERS TO BE REPEALED: The applicant hereby requests that the following proffered conditions enacted by Ordinance No. 39865 - 021814 be repealed as they pertain to Official Tax Number 2060534: 1. The applicant proffers that the property will be developed in substantial conformity with the development plan prepared by LMW, PC Engineering, Exhibit A & B dated February 11, 2014, Exhibit C dated June 18, 2013, building elevation plan prepared by Rick Jack Architect, Exhibit D dated February 11, 2014 and Proffered Conditions included on Exhibit A, copies of which are attached to this application, subject to any changes that may be required by the City during comprehensive development plan review. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 0 'rele hone: (540)853 -2541 Fes: (540)553 -1145 SFEPH AN] EM. MOON, MMC E...11: elerk@ronmkeve.gov City Clerk February 19, 2014 Richard White, Agent L.M.W., P.C. 102 Albemarle Avenue, S. E. Roanoke, Virginia 24013 Dear Mr. White: JONATHAN E.CRAn CMC Deputy City Clerk CECELTA T. WEBB, CMC Assist+nt Deputy City Clerk I am enclosing copy of Ordinance No. 39865. 021814 repealing certain proffers and rezoning property located at 191910" Street, N. W., from Light Industrial District (1.1(c)) to Commercial - General District (CG(c)), with conditions, as set forth in the Zoning Amended Application No. 3 dated February 12, 2014. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, February 18, 2014; and is in full force and effect upon its passage. �Sincerely, Stephanie M. Moon, MMC City Clerk Enclosure pc: Paul Sigmon, 2015 Knoliwood Road, S. W., Roanoke, Virginia 24018 Matthew O'Bryan, P. O. Box 20453, Roanoke, Virginia 24018 Gay Randolph, 953 Hunt Avenue, N. W., Roanoke, Virginia 24012 Kevin and Heather Kissner, PLK Investments, P. O. Box 613, Daleville, Virginia 24083 Richard White, Agent L.M.W., P.C. February 19, 2014 Page 2 pc: Roy Smith, 945 Hunt Avenue, N. W., Roanoke, Virginia 24012 Alvin West, 3910 Tennessee Avenue, N. W., Roanoke, Virginia 24017 Johnson Properties of Roanoke, 1603 Westside Boulevard, N. W., Roanoke, Virginia 24017 Glen Forren, 6032 Oriole Lane, S. W., Roanoke, Virginia 24018 Tessa Leak. 929 Hunt Avenue, N. W., Roanoke, Virginia 24012 Robert Johnson, 1603 Westside Boulevard, N. W., Roanoke, Virginia 24017 Carl Garner, 921 hunt Avenue, N. W., Roanoke, Virginia 24012 Robert and Cathy Johnson, 179 Andrew Drive, Troulville, Virginia 24175 White Pine Development, LLC, P. O. Box 2705, Roanoke, Virginia 24001 Janet Collins, 903 Hunt Avenue, N. W., Roanoke, Virginia 24012 Carliss Evans, 7278 South Barrens Road, Apartment 103, Roanoke, Virginia 24019 Roanoke Redevelopment and Housing Authority, P. O. Box 6359, Roanoke, Virginia 24017 Valley Properties, LLC, 3330 Hollins Road, N. E., Roanoke, Virginia 24012 Mary Parsons, 16 Windsor Lane, Daleville, Virginia 24083 Nelson Vest, 1007 Hunt Avenue, N. W., Roanoke, Virginia 24012 Dr. Jeanette Manns, President, Washington Park Alliance for Neighborhoods, 1826 10th Street, N. W., Roanoke, Virginia 24017 The Honorable Brenda S. Hamilton, Clerk of Circuit Court Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Ann H. Shawver, Director of Finance Steve Talevi, Assistant City Attorney Philip Schirmer, City Engineer Susan Lower, Director, Real Estate Valuation Rebecca Cockram, Secretary, City Planning Commission 7\(N a \ v 7� :n a IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of February, 2014. No. 39865 - 021814. AN ORDINANCE to amend § 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to repeal certain proffers and to rezone certain property within the City, subject to a condition proffered by the applicant; and dispensing with the second reading of this ordinance by title. WHEREAS, 7MB Investment Company, LLC has made application to the Council of the City of Roanoke, Virginia ( "City Council "), to repeal certain proffers pertaining to property located at 1919 l0a' Street, N.W., bearing Official Tax No. 2060534, and to have such property rezoned from Light Industrial District, with conditions (1- 1(c)), to Commercial- General District (CG(c)), subject to a certain condition; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, considered Zoning Amended Application No. 2, as amended by the applicant at the public hearing held on February 11, 2014, and after conducting the public hearing on the matter, has made its recommendation to City Council; WHEREAS, all of the applicant's requests which the City Planning Commission considered at the public hearing on February 11, 2014, is contained in a Zoning Amended Application No. 3 dated February 12,2014; WHEREAS, a public heating was held by City Council on such Zoning Amended Application No. 3 at its meeting on February 16, 2014, after due and timely notice thereof as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject property, and for those reasons, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that proffers accepted by City Council on September 24, 1984, with the adoption of Ordinance No. 27204, and on February 5, 1996, with the adoption of Ordinance No. 32816- 020596, are hereby repeated, and that Official Tax No. 2060534 located at 1919 10" Street, N.W., be, and is hereby rezoned from Light Industrial, with conditions (1- 1(c)); to Commercial- General (CG(c)), subject to a certain condition proffered by the applicant, as set forth in the Zoning Amended Application No. 3 dated February 12, 2014. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. P t '1 "T. c � . City City Clerk. 2 PROFFERED CONDITIONS: The applicant hereby agrees to proffer the following conditions as they apply to the 3.08 acre +I- parcel identified as Official Tax Number 2060534 as part of the amendment of proffered conditions. I . The property will be developed in substantial conformance with the development plan prepared by Balzer and Associates, Inc. entitled "10e Street Retail Store — Exhibit A' dated January 9, 2018, subject to any changes that may be required by the City of Roanoke during comprehensive development plan review. 2. The building and fuel canopy shall be developed in substantial conformance with the submitted architectural elevations prepared by Balzer and Associates, Inc. entitled "10' Street Retail Store — Exhibit B" dated December 22, 2017 subject to any changes that may be required by the City of Roanoke during building plan or comprehensive site plan review. 3. The property shall be used for only the following and additional uses: a. Business Service Establishment, not otherwise listed b. Financial Institution c. Laboratory, dental, medical, or optical d. Office, general or professional e. Office, general or professional, large scale f. Live -work unit g. Mixed -use building h. Personal service establishment, not otherwise listed i. Retail sales establishment, not otherwise listed j. Bakery, confectionary, or similar food production, retail. k. General Service Establishment I. Pet Grooming m. Eating establishment n. Health and fitness center o. Artist studio p. Community garden q. Community market r. Community center s. Fire, Police, or emergency services t. Government offices or other government facility, not otherwise listed u. Wireless telecommunications facility, stealth v. Utility Distribution or collection, basic The following additional uses: a. Outdoor advertising sign b. Gasoline Station c. Workshop d. Agricultural operations (by special exception only) Page III October 22, 2017 City of Roanoke Planning and Building Development 215 Church Avenue, SW, Room 166 Roanoke, VA 24011 (540) 853 -1502 Attn: Katherine Gray, Architect, Lead AP RE: 10th Street Retall Store 1919 10th Street N.W. Roanoke, VA Amendment of Proffered Conditions Request Dear Ms. Gray, It is Lamar's understanding that Kawaja Corporation is under a real estate contract with the owner to purchase the subject property and is requesting to the City of Roanoke to modify the existing proffered conditions. The proposed project is for the construction of a retail building and fuel canopy. Lamar supports this request and the attached development plan and architectural elevations contained within the current application. It will provide an attractive and appropriate use to this portion of the property and the 10th Street corridor, while improving the quality of the current vacant parcel. Sincerely, Aaron Brady Real Estate Manager Lamar Advertising of Roanoke 1545 Patrick Road • Roanoke, Vrghla 24012 11.800.7a8.3009 - W 34& 0494 • Fax 540.343 6570 ZONING DISTRICT MAP 1919 10th Street NW Official Tax Parcels: 2060534 ®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 O INPUD. Institutional Planned Unit Dev IPUD_ Industrial Planned Unit Dev all Mixed Use O M %PUP. Mixed Use Planned Unit Dev R -12' Res Single Family R -3. Res Single- Family R -5: Res Single Family R -]: Res Single - Family RA'. Res Agrcu Aural RM -1. Res Mixed Density RM -2'. Res Mixed Density RMF. Res Multifamily RCS'. Recreation and Open Space — UF'. Urban Flex _ r Conditional Zoning N 0 100 200 Feet e�e 5 ROC <4c,. k44,y0 0 h qyF h ca GA T� qty O 90 ti h 1 C'RFFryy k ?JQ v "41111'e, Q`F'4 q yF yvN 4k, i Y y ti 1 _ S , 1_ m yi fie 1 h 1Z ry° ROC <4c,. k44,y0 0 h qyF h ca GA T� qty O 90 ti h 1 C'RFFryy k ?JQ v "41111'e, Q`F'4 q yF yvN 4k, i Y y ti 1 _ S , 1_ m yi fie Roanoke, Virginia 24011 Phone: (540) 853-1730 Fax (540) 853.1230 ROANOKE CRY OF ROANOKE Click Here to Print PLANNING BUILDING a FIIMg Dale:[i 201s Subnft Number. Amended Appllwl. No.1 4� ❑ Rumoring, Not Othenvlse Listed ❑ Ramrlho, Conditional ❑ Rezoning to Plumed Unit Development ❑ Establishment of Comprehensive Slim Overlay District Address: 191910th Streeet N.W. © Amendment of Profaned Conditions ❑ Amendment of Planned Unit Development Plan ❑ Amendment of Comprehenswe Slgn Overlay DbeMt Official Tax No(s): 2060534 Phone Number: Address Fxlsfing E- mall:. 2816 WESTCLUB DIUVE SALEM, VA 24153 ❑ Without Conditions Ordinance Nara: ZmM9; CG, Commem]alGercral KAWAIACORPORATION Q VAM Conditions *(a). (f 3 9865-0218 7 4 E-mail: _ ❑ Planned Unit Development appkable). / Requested d —_�___ Name ❑ Cand ne P�qd BALZER 6 ASSOCIATES, INC C/O BEN CREW Zoning: CG, Commen7atGenenl ❑x With CondYMa land Use MU(ED USEBUILDING& GASOLINE STATION ❑ Planned Unb Development L�� Name: sww Ir4vE5T TENTS CO. LLC Phone Number: Address E- mall:. 2816 WESTCLUB DIUVE SALEM, VA 24153 Nara: PhoraNumber +t(54D)915 -tz4z KAWAIACORPORATION Address: -„ OANOMVA24018 E-mail: SaefrMxra)e@yahoo.com / Name Plea Number. +1(540) 397-054 BALZER 6 ASSOCIATES, INC C/O BEN CREW Addlsa (1208CORPCIM CIR� ROANOKE VA 2401EM: E-r8O1EWOBALZER.CC f la ! F Written narrative explaining the reason for the request. r Metes and bounds description, if applicable, R Filing fee. I- Concept plan meeting the Applcation Requirements of Ilem'2(c)' In Zoning Amendment Procedures. FZ Written proffers. See the City's Guide to Proffered Conditions. Concept plan meeting the Application Requirements of ilem'2(c)' in Zoning Amendment Procedures. Please label as r 'development plan' if proffered. F- Development plan meeting the requiremenls of Section 36.2 -326 of the City's Zoning Ordinance. r Comprehensive sgnage plan meeting the requirements of Section 36.2- 336(d)(2) of the Ckys Zoning Ordinance . Amended development or concept plan meeb'ng the Application Requirements of Ilem'2(c)' In Zoning Amendmem Procedures, r if applicable. r Written proffers to be amended. See the Citys Guide to Proffered Conditions. I— Copy of previously adopted Ordinance. F- Amended development plan meeting the requirements of Section 36.2 -326 of the Ciys Zoning Ordinance. r Copy of previously adopled Ordinance. I- Amended comprehensive signage plan meeting the requirements of Section 36.2- 336(d) of the Clys Zoning Ordinance. r Copy of previously adopted Ordinance. r- A Traffic Impact Study In compliance With Appendix &2(e) of the C Ys Zoning Ordinance. r Coversheet. r Traffic Impact analysis. r Concept plan. r Proffered conditions, If applicable. r Required fee. 'An electronic copy of this appla2fion and checklist can be found at w . roanokeva .goviplanningcammisslon. A complete packet must be submitted each time an application is amended, unless othemdse spedCed by staff. PROJECT NARRATIVE: The purpose of this request is to amend proffered conditions for Tax Parcel 2060534 located at 1919 10a' Street. Thu property was formerly rezoned in February 2014 for u Dollar General Retail store [list never moved farwurd with development and construction. The current application is proposing a neighborhood retail store and 4 island fuel canopy to serve the surrounding neighborhoods. 'file subject development area will be very similar to [lie area proposed for (lie Dollar General improvements, but the entire parcel is being requested to be amended as part of this proposal due to the restrictive conditions currently in place. As provided with the previous requests, we are maintaining the designation of CG zoning with conditions, but using the CN development standards as a framework for the development on- site. The CG zoning designation is critical for the existing billboards to remain on -site and in -place agreements with the billboard companies to be maintained. These details are outlined on [lie Development Plan indicated as exhibit A. This will allow for the harmonious development or the proposed store in the neighborhood setting of the 10a street and Harrison /Washington neighborhood. The proposed configuration of improvements and design of the site have been provided as indicated on the development plan (Exhibit A). The scale of the development has been an important consideration during the design development phase of the project in ensure the neighborhood retail store maintains a small footprint and a 4 island fuel canopy to some the surrounding community. The proposed small convenience store is approximately 80' x 45' with a fuel canopy directly adjacent to the store. The exterior site signage will be monument in style to maintain the appropriate scale and conform to the neighborhood. Two access points are proposed as part of this development to provide ample access for vehicles to access the site. The site also provides sidewalks along I O'a street and Levelton with sidewalk access to the front of the store for pedestrians. The design of the project ensures that it is scaled appropriately for the neighborhood, it is pedestrian - oriented with sidewalks, and the proposed building is located close to the street. The architectural style of the retail building has been developed utilizing neighborhood scale design techniques. The layout includes an approximately 3,600 s.f. retail store on the Main Level with a potential apartment on the Upper Level. The proposed building exterior will include a combination of split -face concrete masonry, brick, stucco/EIFS, and standing seam metal roofing. Storefmnl windows on the Main Level, facing both 10'h street and Levelton Avenue, shall be aluminum storefront framing with awnings above. The Upper Level shall include dormer windows facing 10'" Street, with residential -style windows. It shall be noted that this project will dedicate right of way along Levelton Avenue to accommodate the required street improvements to include curb /gutter, sidewalk, and street Imes as required by the Street Design Guidelines during the comprehensive site plan review. The site is located within the neighborhood planning district of Harrison/Washington Park and this project exemplifies many of the qualities and attributes expressed within the neighborhood plan for future projects. This project develops underutilized commercial property in an appropriate location, provides an active use for the property, and a site design that is sensitive to the surrounding properties. I Ile proposed use as a neighborhood retail store and small gasoline station Is compatible in scale and formal with the surrounding character o f the area. This project will be developed in accordance with all applicable regulations including, but not limited to, the Roanoke City Zoning Ordinance. The screening requirements for a fuel station am being provided along the residential property line to the south. In addition to the standard requirements, we am providing a G' tall screening lince along with 6' tall (at the time of planting) evergreen trees as an additional screen. All Roanoke City Stotmwater Management Design Manual requirements shall also be met for the pmjcct. PROFFERS TO BE REPEALED: The applicant hereby requests that the following proffered conditions enacted by Ordinance No. 39865 - 021814 be repealed as they pertain to Official Tax Number 2060534: I. The applicant proffers that the property will be developed in substantial conformity with the development plan prepared by LMW, PC Engineering, Exhibit A& B dated February 11, 2014, Exhibit C dated June 18, 2013, building elevation plan prepared by Rick Jack Architect, Exhibit D dated February 11, 2014 and Proffered Conditions included on Exhibit A, copies of which arc attached to this application, subject to any changes that may be required by the City during comprehensive development plan review. February 19, 2014 Richard White, Agent L.M.W., P.C. 102 Alberrnade Avenue, S. E. Roanoke, Virginia 24013 Dear Mr. White: JONATHAN C CRAFT. CMC Depuly Clly Clerk CM LIAT. Wall. MC A149MI Deputy Chy Clerk I am enclosing copy of Ordinance No. 39865- 021814 repealing certain proffers and rezoning property located at 1919 tor' Street, N. W., from Light Industrial District (1 -1(c)) to Commercial - General District (CG(c)), with conditions, as set forth in the Zoning Amended Application No. 3 dated February 12, 2014. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, February 18, 2014; and is in full force and effect upon Its passage. Sinccere"ly, U'4 "�� Stephanie M. Noonn, MMC y City Clerk Enclosure pc: Paul Sigmon, 2015 Knollwood Road, S. W., Roanoke, Virginla 24018 Matthew O'Bryan, P. 0. Box 20453, Roanoke, Virginia 24018 Gay Randolph, 953 Hunt Avenue, N. W., Roanoke, Virginia 24012 Kevin and Heather Kissner, PLK Investments, P. 0. Box 813, Dalevllle, Virginia 24083 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Antuie, S. W., Suit. 456 aoADSke,Vlrghlls 24011 -1536 Telrylmee (S/6)Af3.2541 ten MOMS 1111 sT61'i"U M.MOON.AINIC e-m.D rlerl[ulrunMevu.Anv Cily Clerk February 19, 2014 Richard White, Agent L.M.W., P.C. 102 Alberrnade Avenue, S. E. Roanoke, Virginia 24013 Dear Mr. White: JONATHAN C CRAFT. CMC Depuly Clly Clerk CM LIAT. Wall. MC A149MI Deputy Chy Clerk I am enclosing copy of Ordinance No. 39865- 021814 repealing certain proffers and rezoning property located at 1919 tor' Street, N. W., from Light Industrial District (1 -1(c)) to Commercial - General District (CG(c)), with conditions, as set forth in the Zoning Amended Application No. 3 dated February 12, 2014. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, February 18, 2014; and is in full force and effect upon Its passage. Sinccere"ly, U'4 "�� Stephanie M. Noonn, MMC y City Clerk Enclosure pc: Paul Sigmon, 2015 Knollwood Road, S. W., Roanoke, Virginla 24018 Matthew O'Bryan, P. 0. Box 20453, Roanoke, Virginia 24018 Gay Randolph, 953 Hunt Avenue, N. W., Roanoke, Virginia 24012 Kevin and Heather Kissner, PLK Investments, P. 0. Box 813, Dalevllle, Virginia 24083 Richard White, Agent L.M.W., P.C. February 19, 2014 Page 2 pc: Roy Smlth, 945 Hunt Avenue, N. W., Roanoke, Virginia 24012 Alvin West, 3910 Tennessee Avenue, N. W., Roanoke, Virginia 24017 Johnson Properties of Roanoke, 1603 Westside Boulevard, N. W., Roanoke, Virginia 24017 Glen Ferran, 6032 Oriole Lane, S. W., Roanoke, Virginia 24018 Tessa Leak. 929 Hunt Avenue, N. W.. Roanoke, Virginia 24012 Robert Johnson, 1603 Westside Boulevard, N. W., Roanoke, Virginla 24017 Carl Gamer, 921 hunt Avenue, N. W., Roanoke, Virginia 24012 Robert and Cathy Johnson, 179 Andrew Drive, Troutville, Virginia 24175 White Pine Development, LLC, P. O. Box 2705, Roanoke, Virginia 24001 Janet Collins, 903 Hunt Avenue, N. W., Roanoke, Virginia 24012 Cadiss Evans, 7278 South Barrens Road, Apartment 103, Roanoke, Virginia 24019 Roanoke Redevelopment and Housing Authority, P. O. Box 6359, Roanoke, Virginia 24017 Valley Properties, LLC, 3330 Hollins Road, N. E., Roanoke, Virginia 24012 Mary Parsons, 16 Windsor Lane, Daleville, Virginle 24083 Nelson Vest, 1007 Hunt Avenue, N. W., Roanoke, Virginia 24012 Dr. Jeanette Manns, President, Washington Park Alliance for Neighborhoods, 182610th Street, N. W., Roanoke, Virginia 24017 The Honorable Brenda S. Hamilton, Clerk of Circuit Court Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Ann H. Shawver, Director of Finance Steve Talevi, Assistant City Attorney Philip Schirmer, City Engineer Susan Lower, Director, Real Estate Valuation Rebecca Cockram, Secretary, City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of February, 2014. No. 39865 - 021814. AN ORDINANCE to amend § 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to repeal certain proffers and to rezone certain property within the City, subject to a condition proffered by the applicant; and dispensing with the second reading of this ordinance by title. WHEREAS, JME Investment Company, LLC has made application to the Council of the City of Roanoke, Virginia ( "City Council'7, to repeal certain proffers pertaining to property located at 1919 1& Street, N.W., bearing Official Tax No. 2060534, and to have such property rezoned from Ligbt Industrial District, with conditions (I- 1(c)), to Commercial- Cmncral District (CG(c)), subject to a certain condition; WHEREAS, the City Planning Commission, after giving proper notice to all concerned m required by §36.2 -540, Code of the City of Roanoke (1979), as amended, considered Zoning Amended Application No. 2, as amended by the applicant at the public hearing held on February 11, 2014, and after conducting the public hearing on the matter, has made its recommendation to City Council; WHEREAS, all of the applicant's requests which the City Planning Commission considered at the public bearing on February 11, 2014, is contained in a Zoning Amended Application No. 3 dated February 12, 2014; WHEREAS, a public hearing was held by City Council on such Zoning Amended Application No. 3 at its meeting on February 18, 2014, after due and timely notice thereof as required by §36.2 -540, Code of the City or Roanoke (1979), us amended, al which hearing all parties in intmcsl and citizens were given nn opportunity to be beard, 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 bearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject property, and for those reasons, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that proffers accepted by City Council on September 24, 1984, with the adoption of Ordinance No. 27204, and an February 5, 1996, with the adoption of Ordinance No. 32816 - 020596, are hereby repealed, and that Official Tax No. 2060534 located at 1919 109, Street, N.W., be, and is hereby rezoned from Light Industrial, with conditions (I- 1(c)), to Commercial- General (CG(c)), subject to a certain condition proffered by the applicant, asset forth in the Zoning Amended Application No. 3 dated February 12, 2014. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. E � rr iM.Dt City Clerk. `. 2 PROFFERED CONDITIONS: The applicant hereby agrees to proffer the following conditions as they apply to the 3.08 acre +/_ parcel identified as Official Tax Number 2060534 as part of the amendment of proffered conditions. 1. The property will be developed in substantial conformance with the development plan prepared by Balzer and Associates, Inc. entitled "1 o'" Street Retail Store — Exhibit A" dated January 9, 2018, subject to any changes that may be required by the City of Roanoke during comprehensive development plan review. 2. The building and fuel canopy shall be developed in substantial conformance with the submitted architectural elevations prepared by Balzer and Associates, Inc. entitled "l Oil Street Retail Store — Exhibit B" dated December 22, 2017 subject to any changes that may be required by the City of Roanoke during building plan or comprehensive site plan review. 3. The property shall be used for only the following and additional uses: a. Business Service Establishment, not otherwise listed b. Financial Institution c. Laboratory, dental, medical, or optical d. Office, general or professional e. Office, general or professional, large scale f. Live -work unit g. Mixed -use building h. Personal sales establishment, not otherwise listed I. Retail sales establishment, not otherwise listed j. Bakery, confectionary, or similar food production, retail. k. General Service Establishment I. Pet Grooming m. Eating establishment n. Health and fitness center o. Artist studio p. Community garden, market or center q. Fire, Police, or emergency services r. Government offices or other government facility, not otherwise listed s. Wireless telecommunications facility, stealth t. Utility Distribution or collection, basic The following additional uses: a. Outdoor advertising sign b. Gasoline Station c. Workshop d. Agricultural operations (by special exception only) I'.rcc II I 39 I ROANOKE October 22, 2017 City of Roanoke Planning and Building Development 215 Church Avenue, SW, Room 166 Roanoke, VA 24011 (540) 853 -1502 Attn: Katherine Gray, Architect, Lead AP RE: 10r" Street Retail Store 191910'^ Street N.W. Roanoke, VA Amendment of Proffered Conditions Request Dear Ms. Gray, It Is Lamar's understanding that Kawaja Corporation is under a real estate contract with the owner to purchase the subject property and is requesting to the City of Roanoke to modify the existing proffered conditions. The proposed project is for the construction of a retail building and fuel canopy. Lamar supports this request and the attached development plan and architectural elevations contained within the current application. It will provide an attractive and appropriate use to this portion of the property and the 10'^ Street corridor, while improving the quality of the current vacant parcel. Sincerely, 44� Aaron Brady Real Estate Manager Lamar Advertising of Roanoke 1545 Painick Road • Roanaka, Virginia 240121 1.8DO. 788 3009 - 540.345.0494 • Fax 5403 PP W oaparimentofPlenning, Building and Development DEC 22 ton ROANOKE Room 166, Noel C. Taylor Munldpal Building 215 Church Avenue, SW. CITY OF ROANOKE Cgrlt HerebPNd RoarwlA Na 24011 PLANNING BUILDINGS Phone: (54D) 853-173D Fax (840)B53.1230 DEVELOPMENT Fling Dab: 12/22/2017 Submittal Number DrigMBl Appliation ❑ funning Not OlMries Listed ❑AmaMmNd of Proffered Conditions ❑ Running, Conditional ❑ Amendment of Panned Unit Development Plan ❑ Rennan to Manned Udl Oevolopmen[ ❑ Amesdment of Comprehensive Sign Ovaay DWW ❑ Esabbshmem of CompMlers" sign Overlay Astrid 'I Address: 191910d15treeet N.W. OMdal Tax N*).: 120MS34 Zoning. ❑ WkMut Condigons On9nena Zoning: ,CommercWl- Geneal �WIIh CWl�ibna Na(6). (B 39ae5-021a14 ❑ Panned Unit Development appliaba): Reluetbd ❑ NAthout COndBOns prepg fig: CG, Commerdal Geneml E)WM Conddxme Ls1d Uw: 1ST NG& GASE STTION ❑ Planned Una Development Nacre: SWWINVESTMBiTSCO,LLC PhonatNUndler S�Va -Et�-S 3 E-mail: �a- r DRIVE SALEM VA 24153 Address: 12816 WESTCIUB f�UpJ.bt}Q y(�j, ,tip Name —Phone Number. +1(540)915 -1142 IKAWAJAA CORPORATION Address P.O. BOX 21 B43 ROANOKEVA24018 E -mail SaefkhavvaJa@yahoosom� Name Phone Number: +1(540)397 -0543_ Il1ALZER &ASSOCIATES, INC. C/O BEN CREW Addrop. 1208 CORPORATE CIRCLE ROANOKE, VA 24018 E.11: REWOBALZER.CC —rr.r, PROJECT NARRATIVE: The purpose of this request is to amend proffered conditions for Tax Parcel 2060534 located at 1919 If's Street, The property was formerly rezoned in February 2014 for a Dollar General Retail store that never moved forward with development and construction. The current application is proposing a neighborhood retail store and 4 island fuel canopy to serve the surrounding neighborhoods. The subject development area will be very similar to the area proposed for the Dollar General improvements, but the entire parcel is being requested to be amended as part of this proposal due to the restrictive conditions currently in place. As provided with the previous requests, we are maintaining the designation of a CG zoning with conditions, but allowing only CN uses and development standards. The CG zoning designation is critical for the existing billboards to remain on -site and in -place agreements with the billboard companies to be maintained. These details are outlined on the Development Plan indicated as Exhibit A. This will allow for the harmonious development of the proposed store in the neighborhood setting of the 10`h street and Harrison /Washington neighborhood. The proposed configuration of improvements and design of the site have been provided as indicated on the development plan (Exhibit A). The scale of the development has been an important consideration during the design development phase of the project to ensure the neighborhood retail store maintains a small footprint and a 4 island fuel canopy to serve the surrounding community. The proposed small convenience store is approximately 80' x 45' with a fuel canopy directly adjacent to the store. The exterior site signagc will be monument in style to maintain the appropriate scale and conform to the neighborhood. Two access points are proposed as part of this development to provide ample access for vehicles to access the site. The site also provides sidewalks along 10a street and Levelton with sidewalk access to the front of the store for pedestrians. The design of the project ensures that it is scaled appropriately for the neighborhood, it is pedestrian- oriented with sidewalks, and the proposed building is located close to the street. The architectural style of the retail building has been developed utilizing neighborhood scale design techniques. The layout includes an approximately 3,600 s.f. retail store on the Main Level with a potential apartment on the Upper Level. The proposed building exterior will include a combination of split -face concrete masonry, brick, stucco/EIFS, and standing scam metal roofing. Storefront windows on the Main Level, facing both W street and Levelton Avenue, shall be aluminum storefront framing with awnings above. The Upper Level shall include dormer windows facing 10'^ Street, with residential -style windows. It shall be noted that this project will dedicate right of way along Levelton Avenue to accommodate the required street improvements to include curb /gutter, sidewalk, and street trees as required by the Street Design Guidelines during the comprehensive site plan review. The site is located within the neighborhood planning district of Harrison/Washington Park and this project exemplifies many of the qualities and attributes expressed within the neighborhood plan for future projects. This project develops underutilized commercial property in an appropriate location, provides an active use for the property, and a site design that is sensitive to the surrounding properties. The proposed use as a neighborhood retail store and small gasoline station is compatible in scale and format with the surrounding character of the area. This project will be developed in accordance with all applicable regulations including, but not limited to, the Roanoke City Zoning Ordinance. The screening requirements for a fuel station are being provided along the residential property line to the south. In addition to the standard requirements, we are providing a 6' tall screening fence along with 6' tall (at the time of planting) evergreen trees as an additional screen. All Roanoke City Stormwater Management Design Manual requirements shall also be met for the project. PROFFERS TO BE REPEALED: The applicant hereby requests that the following proffered conditions enacted by Ordinance No. 39865- 021814 be repealed as they pertain to Official Tax Number 2060534: 1. The applicant proffers that the property will be developed in substantial conformity with the development plan prepared by LMW, PC Engineering, Exhibit A & B dated February 11, 2014, Exhibit C dated June 18, 2013, building elevation plan prepared by Rick lack Architect, Exhibit D dated February 11, 2014 and Proffered Conditions included on Exhibit A, copies of which are attached to this application, subject to any changes that may be required by the City during comprehensive development plan review. February 19, 2014 Richard White, Agent L.M.W., P.C. 102 Albermarle Avenue, S. E. Roanoke, Virginia 24013 Dear Mr. White: JONATHAN E.CRAIR,CMC Deputy City Clerk CECELIA T. WEB& CMC Anistart Deputy City Clerk I am enclosing copy of Ordinance No. 39865 - 021814 repealing certain proffers and rezoning property located at 1919 101" Street, N. W., from Light Industrial Dlstrict (1 -1(c)) to Commercial - General District (CG(c)), with conditions, as set forth in the Zoning Amended Application No. 3 dated February 12, 2014. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, February 18, 2014; and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon, MMC City Clerk Enclosure pc: Paul Sigmon, 2015 Knollwood Road, S. W., Roanoke, Virginia 24018 Matthew O'Bryan, P. 0, Box 20453, Roanoke, Virginia 24018 Gay Randolph, 953 Hunt Avenue, N. W., Roanoke, Virginia 24012 Kevin and Heather Kissner, PLK Investments, P. 0. Box 613, Daleville, Virginia 24083 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Chinch Avenue, S. W„ Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540)8512541 Fax: (540)853 -1145 5'rcrim[E M. MOON, MMC E -mail: alerkra_lrnrnnkeva.pav City Clerk February 19, 2014 Richard White, Agent L.M.W., P.C. 102 Albermarle Avenue, S. E. Roanoke, Virginia 24013 Dear Mr. White: JONATHAN E.CRAIR,CMC Deputy City Clerk CECELIA T. WEB& CMC Anistart Deputy City Clerk I am enclosing copy of Ordinance No. 39865 - 021814 repealing certain proffers and rezoning property located at 1919 101" Street, N. W., from Light Industrial Dlstrict (1 -1(c)) to Commercial - General District (CG(c)), with conditions, as set forth in the Zoning Amended Application No. 3 dated February 12, 2014. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, February 18, 2014; and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon, MMC City Clerk Enclosure pc: Paul Sigmon, 2015 Knollwood Road, S. W., Roanoke, Virginia 24018 Matthew O'Bryan, P. 0, Box 20453, Roanoke, Virginia 24018 Gay Randolph, 953 Hunt Avenue, N. W., Roanoke, Virginia 24012 Kevin and Heather Kissner, PLK Investments, P. 0. Box 613, Daleville, Virginia 24083 Richard White, Agent L.M.W., P.C. February 19, 2014 Page 2 pc: Roy Smith, 945 Hunt Avenue, N. W., Roanoke, Virginia 24012 Alvin West, 3910 Tennessee Avenue, N. W., Roanoke, Virginia 24017 Johnson Properties of Roanoke, 1603 Westside Boulevard, N. W., Roanoke, Virginia 24017 Glen Forren, 6032 Oriole Lane, S. W., Roanoke, Virginia 24018 Tessa Leak, 929 Hunt Avenue, N. W., Roanoke, Virginia 24012 Robert Johnson, 1603 Westside Boulevard, N. W., Roanoke, Virginia 24017 Carl Garner, 921 hunt Avenue, N. W., Roanoke, Virginia 24012 Robert and Cathy Johnson, 179 Andrew Drive, Troutville, Virginia 24175 White Pine Development, LLC, P. 0. Box 2705, Roanoke, Virginia 24001 Janet Collins, 903 Hunt Avenue, N. W., Roanoke, Virginia 24012 Carliss Evans, 7278 South Barrens Road, Apartment 103, Roanoke, Virginia 24019 Roanoke Redevelopment and Housing Authority, P. O. Box 6359, Roanoke, Virginia 24017 Valley Properties, LLC, 3330 Hollins Road, N. E., Roanoke, Virginia 24012 Mary Parsons, 16 Windsor Lane, Daleville, Virginia 24083 Nelson Vest, 1007 Hunt Avenue, N. W., Roanoke, Virginia 24012 Dr. Jeanette Manns, President, Washington Park Alliance for Neighborhoods, 1826 10th Street, N. W., Roanoke, Virginia 24017 The Honorable Brenda S. Hamilton, Clerk of Circuit Court Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Ann H. Shawver, Director of Finance Steve Talevi, Assistant City Attorney Philip Schirmer, City Engineer Susan Lower, Director, Real Estate Valuation Rebecca Cockram, Secretary, City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of February, 2014. No. 39865- 021814. AN ORDINANCE to amend § 36.2 -100, Code of the City of Roanoke (1979), as amended, mid the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to repeal certain proffers and to rezone certain property within the City, subject to a condition proffered by the applicant; and dispensing with the second reading of this ordinance by title. WHEREAS, 7MB Investment Company, LLC has made application to the Council of the City of Roanoke, Virginia ( "City Council "), to repeal certain proffers pertaining to property located at 1919 10" Street, N.W., bearing Official Tax No. 2060534, and to have such property rezoned from Light Industrial District, with conditions (1 -1 (c)), to Commercial - General District (CG(c)), subject to a certain condition; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, considered Zoning Amended Application No. 2, as amended by the applicant at the public hearing held on February 11, 2014, and after conducting the public hearing on the matter, has made its recommendation to City Council; WHEREAS, all of the applicant's requests which the City Planning Cmrunission considered at the public hearing on Febmary 11, 2014, is contained in a Zoning Amended Application No. 3 dated Febmary 12, 2014; WHEREAS, a public heating was held by City Council on such Zoning Amended Application No. 3 at its meeting on Febmary 18, 2014, after due and timely notice thereof as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and goad zoning practice, require the rezoning of the subject property, and for those reasons, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that proffers accepted by City Council on September 24, 1984, with the adoption of Ordinance No. 27204, and on February 5, 1996, with the adoption of Ordinance No. 32816-020596, are hereby repealed, and that Official Tax No. 2060534 located at 1919 10 " Street, N.W., be, and is hereby rezoned from Light Industrial, with conditions (l- 1(e)), to Commercial - General (CG(c)), subject to a certain condition proffered by the applicant, as set forth in the Zoning Amended Application No. 3 dated February 12, 2014. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. PC- . City e k. Yl O tly City Cterk. 2 PROFFERED CONDITIONS: The applicant hereby agrees to proffer the following conditions as they apply to the 3.08 acre +/- parcel identified as Official Tax Number 2060534 as part of the amendment of proffered conditions. 1. The property will be developed in substantial conformance with the development plan prepared by Balzer and Associates, Inc. entitled "10th Street Retail Store — Exhibit A" dated December 22, 2017, subject to any changes that may be required by the City of Roanoke during comprehensive development plan review. 2. The building and fuel canopy shall be developed in general conformance with the submitted architectural elevations prepared by Balzer and Associates, Inc. entitled "10'h Street Retail Store — Exhibit B" dated December 22, 2017 subject to any changes that may be required by the City of Roanoke during building plan or comprehensive site plan review. ZONING DISTRICT MAP 1919 10th Street NW Official Tax Parcels: 2060534 ®Area to be Rezoned Zoning AD'. Airport Dev CG. Commercial- General CLS. Commercial -Large Site CN. Commercial - Neighborhood _ D: Downtown ,h 1 -1'. Light Industrial 1 -2'. Heavy Industrial - IN Institutional O INPUD -. Institutional Planned Unit Dev - IPUD: Industrial Planned Unit Dev MX'. Mixed Use MXPUD: Mixed Use Planned Unit Dev R -12'. Res Single - Family R -3: Res Single - Family R -S Res Single - Family R -7 Res Single - Family RA. Res- Agricu Rural RM -1-. Res Mixed Density RM -2'. Res Mixed Density RMIF Res Multifamily ROS'. Recreation and Open Space _ UF: Urban Flex Conditional Zoning W + N1 F. 0 100 200 Feet 1 o a a pq ^ ry P O ry by p°Y D, n O O ry ry POOry pryP A 4 z kx.u, OrDpt . 'O 0 • 2060 �.� ;`dy Y �.4 dj ,Q� NHVaST tico "n$.. ..;� "fA 206p8 N - 0 «.r ^no 2 3 ' nor 0 ,o, ryo0 IV o O� N ry p ro w4 . h °0720 7`70 �-r 07 2 7 2 6 zoo co ' Oej' 2pB 037j� 6 3�f 000 000 r�0 GAT y oti�D 2j4p6j0 2060 0378 yA_ �<. ryo00' `a000i 1' SAO X00 bi 2 alp -rya 060327 OrDpt . 'O 0 • 2060 �.� ;`dy Y 370 .� dj ,Q� NHVaST tico 6'?06082.9 �f 2 4 ryo0 ry00o^i. o`Op�ryry 830 oJ�op�o�poa �0� 0 206p8 N - 0 0 v <„ry 3 ' nor 0 ryo0 IV o O� N ry p ro o N ry0 00 . �1 L IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of February, 2018. No. 41065- 022018. AN ORDINANCE authorizing the City Manager to execute a lease agreement with Roanoke Community Garden Association, Incorporated, for the lease of approximately 6,000 square feet of City-owned property, being a portion of City -owned property located at 0 Morgan Avenue, S.E., Roanoke, Virginia, designated as Official Tax Map No. 4240102, commonly known as "Morningside Park" ("Property"): and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on February 20, 2018, pursuant to Sections 15.2- 1800(B) and 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 the proposed lease. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized, to execute and attest, respectively, in a form approved by the City Attorney, a lease agreement with Roanoke Community Garden Association, Incorporated, to lease approximately 6,000 square feet of City -owned property, being a portion of City- owned property located at 0 Morgan Avenue, S.E., Roanoke, Virginia, designated as Official Tax Map No. 4240102, commonly known as "Morningside Park" ( "Property'), to be used by Roanoke Community Garden Association, Incorporated as a community garden, for a term of five years, commencing March 1, 2018, at an annual rental of $10.00 per year, upon certain terms and conditions, and as more particularly described in the City Council Agenda Report dated February 20, 2018. 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. O- LCese- Roanoke Community Gud,n Assn_ I M4240102 (2 20.2018) G~�O r CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: February 20, 2018 Subject: Request to Lease an Approximate 60' X 100' Plot of Land Located at Morningside Park along Morgan Avenue, S.E. and Designated as Tax Map Number 4240102, to Roanoke Community Garden, Incorporated Background Roanoke Community Garden Association, Incorporated (RCGA) has expressed a desire to lease an approximate 60' X 100' plot of land, being a portion of Morningside Park and located along Morgan Ave., S.E. designated as Tax Map Number 4240102 (Property), for a Community Garden. RCGA is organized exclusively for charitable, scientific and educational purposes, more specifically to establish community gardens in order to provide an opportunity for local residents to garden; to beautify the neighborhood; to provide a meeting place for neighbors. Further, its purpose is to promote, to educate and to disseminate information about sustainability and food security to the local community. The Morningside Park location will only be used for the purpose of maintaining and operating a community garden, which use shall include, but is not limited to, planting and harvesting of agricultural crops. The annual rental shall be $10. The lease term requested is for five years, commencing March 1, 2018. Recommended Action: Authorize the City Manager to execute a lease agreement in accordance with the terms and conditions of the attached lease, with the Roanoke Community Garden Association, Incorporated for an approximate 60' X 100' plot of city- owned property located along Morgan Ave., S.E., N.W., Roanoke, Virginia, for a five year period commencing March 1, 2018 and expiring February 28, 2023. Such lease shall be approved as to form by the City Attorney. Robert S. Cowell, / J r. City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Amelia C. Merchant, Director, Department of Finance Michael Clark, Director of Parks and Recreation Robert Ledger, Acting Director Economic Development Cassandra Turner, Economic Development Specialist DRAFT 1/18/18 LEASE AGREEMENT THIS LEASE AGREEMENT ( "Lease" or "Lease Agreement "), made as of this " day of , 2018, by and between the CITY OF ROANOKE, VIRGINIA, a municipal corporation organized and existing under the laws of the Commonwealth of Virginia ( "Lessor "), and ROANOKE COMMUNITY GARDEN ASSOCIATION, INCORPORATED ( "Lessee "), RECITALS: WHEREAS, Lessor owns certain land located in the City of Roanoke, located at 0 Morgan Avenue, N.E., designated as Tax Map No. 4240102, and commonly known as Momingside Park ( "Property "); WHEREAS, Lessee operates and maintains community gardens at several locations throughout the City of Roanoke, where participants can plant, harvest, grow and cultivate vegetables, flowers, and other produce for the benefit of themselves and the community; and WHEREAS, Lessee desires to lease the above referenced property from Lessor, and Lessor desires to lease the same to Lessee, for use as a community garden, upon the terns and conditions stated below. NOW THEREFORE, Lessor and Lessee, for and in consideration of mutual covenants contained in this Lease Agreement and the above recitals which are incorporated herein by reference and made a part of this Lease Agreement, do hereby covenant and agree as follows: I. Leased Premises - Lessor hereby leases to Lessee, subject to the terms and conditions contained herein, and Lessee hereby leases from the Lessor, as tenant, an approximately 6,000 sq. ft., more or less, portion of the Property as further detailed on the attachment attached hereto as Exhibit A (hereinafter referred to as the "Leased Premises "). 2. Permitted Use - The Leased Premises shall only be used by Lessee for the purpose of maintaining and operating a community garden, which use shall include, but not be limited to, planting and harvesting of agricultural crops, and activities ancillary thereto, and for no unlawful purpose, or other purpose that is not reasonably related to the operation and maintenance of a community garden, and for no unlawful propose, either as of the date of this Lease Agreement or on any unrecorded form thereof, or other purpose that is not reasonably related to the operation and maintenance of community garden, as determined by Lessor, and as further detailed in Lessee's proposal to Lessor dated June 27, 2017, attached hereto as Exhibit B and made a part of this Agreement. The Leased Premises may not be used for any other purpose without the written permission of the Lessor. 3. Term - The term of this Lease Agreement shall be for a period of five (5) years, commencing on , 2018, and continuing until midnight, , 2023. This Lease shall be terminable by either party at any time, for any reason, during the term of this Lease, upon ninety (90) days written notice to the other party. 4. Rental - Annual rental shall be $10.00 non - refundable, payable in advance for each year during the term of the Lease, and mailed or otherwise delivered to the Lessor's Treasurer, City of Roanoke, P. O. Box 1451, Roanoke, VA 24007. Checks should be made payable to the Roanoke City Treasurer. 2 5. Subleasing - Lessee covenants and agrees that it will not sublet, license, assign, or transfer by operation of law or otherwise this Lease Agreement, the Leased Premises or any right Lessee is authorized to exercise hereunder, without the prior written consent of the Lessor, such written consent to include a specific reference to this Lease Agreement or any unrecorded form thereof. Any attempt by the Lessee to sublet, license, assign, or transfer by operation of law or otherwise this Lease Agreement, the Leased Premises, or any rights Lessee is authorized to exercise hereunder without the prior written consent of the Lessor, shall result in the automatic termination of this Lease Agreement. 6. Condition of the Leased Premises - Lessee has inspected the Leased Premises and acknowledges that the Leased Premises are suitable for the purpose intended by the Lessee, and the Leased Premises are being made available in its "as is" , "where is" condition, and the Leased Premises are being accepted by Lessee in such condition. Lessor makes no warranties of any kind regarding any aspect of the Leased Premises and its suitability for the Permitted Use, including but not limited to, the physical and environmental condition of the Leased Premises, and Lessor expressly disclaims any express or implied warranties regarding the Leased Premises. 7. Alterations and Improvements - There shall be no major alterations of the Leased Premises by Lessee, without Lessor's prior written consent, such prior written consent shall be required before Lessee shall be allowed to construct and install a gravel pathway. Other structures shall be approved by Lessor, if at all, in writing by Lessor before construction or installation of the same. Lessee agrees to remove such gravel pathway, and other structures, if approved by Lessor and restore the Leased Premises to the same condition that existed at the commencement of this Lease, at Lessee's sole cost and expense, upon the termination, expiration, or cancellation of this Lease by either party. Lessee agrees to pay for the cost of any 3 damage to the Leased Premises caused by such removal or restoration at Lessee's sole expense. Lessee further agrees that it shall remove any structure or property installed by Lessee that is objectionable to Lessor in the sole discretion and determination of Lessor within fifteen (15) calendar days of receipt of notice from Lessor to do so. 8. Utilities - Lessee shall pay all utility connections and service charges, if any, with respect to the Leased Premises. 9. Maintenance- Lessee agrees to be responsible for all maintenance of any kind on the Leased Premises. Lessee agrees that it shall not allow the Leased Premises to become unsightly or overgrown with, weeds, vegetation and crops, in the determination or Lessor, and shall otherwise keep the Leased Premises in good appearance and free and clear of debris and litter. Lessee further agrees that it shall trim and remove such overgrowth upon demand by Lessor. Lessee shall assume all liability for damage or loss to persons or property by its actions or actions of its machinery, equipment, agents, employees, guests, invitees and contractors in connection with this Lease. The parties agree that Lessor shall not have any responsibility to maintain the Leased Premises. 10. Restoration of Premises - Lessee shall restore the Leased Premises to the same condition in which the Leased Premises existed prior to commencement of this Lease, upon termination, nomenewal, or cancellation of this Lease Agreement. 11. Inspection- Lessee hereby grants and gives to the Lessor, its agents and employees the right and license to enter the Leased Premises, without notice, at any reasonable time to inspect the Premises or to conduct a reasonable environmental investigation, including but not limited to, an environmental assessment or audit of the Premises to satisfy the Lessor that the Premises are free from environmental contaminations and hazards. The Lessor may employ 4 engineers to conduct such investigations on the Lessor's behalf, and the Lessee shall give to such engineers the same rights and licenses as the Lessor may have pursuant to this section. The Lessee shall from time to time and upon the request of the Lessor, give to the Lessor or to whomever the Lessor may designate, such assurances as may be necessary to show that the Lessee is in compliance with any and all Environmental Laws. The Lessor shall use its best efforts to minimize interference with the Lessee's business but shall not be liable for any interference or harm caused by the Lessor's exercise of its rights under this section. If after conducting any such Environmental investigation as required herein, should any environmental contamination be found that is the result of Lessee, its employees, guest, agents, patrons, or assigns, the cost of such investigation and audit, in addition to all costs required to comply with any Environmental Law and to conduct necessary cleanup, and the payment of any fines and penalties made against Lessor by any court or regulatory agency as a result of any such environmental condition existing shall be home by the Lessee and paid by Lessee immediately upon written demand therefore. 12. Compliance with laws roles and regulations - In Lessee's exercise of the rights and privileges granted herein, Lessee, its agents, employees, guests, invitees, contractors, and /or any other person over whom Lessee has control shall observe, obey and comply fully at Lessee's own expense with all present and future, federal, state and local laws, rules or regulations, applicable to or affecting directly or indirectly Lessee or its operations and activities on or in connection with the Leased Premises. 13. Indemnity — Lessee shall indemnify and hold harmless the Lessor, its officers, agents and employees, against any and all loss, cost or expense, including attorney's fees, resulting from any claim, whether or not reduced to a judgment, and for any liability of any 5 nature whatsoever that may arise out of or result from activities or omissions of Lessee, its successors, officers, agents, employees, assigns, guests, contractors, or invitees, on the Leased Premises, pursuant to this Lease, including, without limitation, fines and penalties, violations of federal, state or local laws, or regulations promulgated thereunder, personal injury, wrongful death, or property damage claims. In addition to the indemnification provision contained elsewhere in this Lease Agreement, and regardless of the Lessor's acquiescence, Lessee agrees to indemnify, defend and hold the Lessor, its officers, agents and employees, harmless from any and all costs, liabilities, expenses, lines, penalties, or civil judgments, including attorney's fees resulting from or obtained against or paid by the Lessor as a result of Lessee's violations of or failure to comply with any other provisions of this Lease Agreement. This provision shall survive the termination, cancellation, or expiration of this Lease. 14. Insurance Coverage — Lessee shall, at its sole expense, obtain and maintain during the life of this Lease Agreement, the insurance policies required by this Section. Any required insurance policies shall be effective prior to the beginning date of this Lease Agreement. The following policies and coverages are required: (a) Commercial General Liability. Commercial General Liability insurance, written on an occurrence basis and including products /completed operations coverage, shall insure against all claims, loss, cost, damage, expense or liability from loss of life or damage or injury to persons or property arising out of the Licensee's /should this be Lessee's actions under this Lease Agreement. The minimum limits of liability for this coverage shall be 51,000,000 combined single limit for any one occurrence. (b) Contractual Liability. Broad form Contractual Liability insurance shall include the indemnification obligation set forth in Section 13 and Section 18 of this Lease Agreement. 6 (c) Tenant's insurance. Lessee shall, at its sole cost and expense, obtain and maintain during the life of this Agreement a property insurance policy written on an "all risk" basis insuring buildings, HVAC, and all of tenant's personal property, including, but not limited to, equipment, furniture, fixtures, furnishings, and leasehold improvements which are Lessee's responsibility, for not less than full replacement cost of such property. Lessee is responsible for and all deductibles and coinsurance penalties that may apply. All proceeds of such insurance shall be used to repair or replace tenant's property. Such insurance coverage shall include an amount equal to twelve months loss of rent coverage payable to the Lessor. (d) Workers' Compensation. Workers' Compensation insurance covering Licensee's statutory obligation under the laws of the Commonwealth of Virginia and Employer's Liability insurance shall be maintained for all its employees engaged in work on the Premises. Minimum limits of liability for Employer's Liability shall be $100,000 bodily injury by accident each occurrence, $500,000 bodily injury by disease (policy limit); and $100,000 bodily injury by disease (each employee). With respect to Workers' Compensation coverage, the Contractor's insurance company shall waive rights of subrogation against the City, its officers, employees, agents, volunteers and representatives. The insurance overages and amounts set forth in subsections (a), (b), (c) and (d) of this Section may be met by an umbrella liability policy following the form of the underlying primary coverage. Should an umbrella liability insurance coverage policy be used, such coverage shall be accompanied by a certificate of endorsement stating that it applies to the specific policy numbers indicated for the insurance providing the overages required by subsections (a), (b), (c) and (d), and it is further agreed that such statement shall be made a part of the certificate of insurance furnished by Lessee to the City. All insurance shall meet the following requirements: 7 (a) Lessee shall furnish the City a certificate or certificates of insurance showing the type, amount, effective dates and date of expiration of the policies. Certificates of insurance shall include any insurance deductibles. (b) Insurance cancellation will be in accordance with policy. (c) The required certificate or certificates of insurance shall name the City of Roanoke, its officers, employees, agents, volunteers and representatives as additional insured. (d) Where waiver of subrogation is required with respect to any policy of insurance required under this Section, such waiver shall be specified on the certificate of insurance. (e) Insurance coverage shall be in a form and with an insurance company approved by the City which approval shall not be unreasonably withheld. Any insurance company providing coverage under this Lease Agreement shall be authorized to do business in the Commonwealth of Virginia. Such coverage shall not be canceled or materially altered except afier thirty days written notice of such cancellation or material alteration to the Director of Risk Management of the Lessor. Prior to the execution of this Lease Agreement, Lessee shall provide the Lessor's Director of Risk Management with an exact copy of the Certificate of Insurance as specified above. All renewal policies shall be delivered to the Lessor's Director of Risk Management at least fifteen days prior to the expiration date of the expiring policy. If at any time the coverage, carrier or limits on any policy or the insurance requirements contained herein shall become unsatisfactory to the Lessor, Lessee shall forthwith provide a new policy meeting the requirements of the Lessor. 15. Compliance with Environmental Laws — Lessee, its agents, employees, guests, patrons, and assigns, shall comply and ensure the compliance with all federal, state and local laws, rules, regulations, resolutions and ordinances controlling air, water, noise, solid waste and 9 other pollution and relating to the use, storage, transportation, release or disposal of hazardous material substances or waste, which materials include, but are not limited to, any fertilizer and others products used in the gardening process. 16. Hazardous Waste and Materials Prohibited - Lessee shall not bring or allow or permit to be brought onto, stored, disposed of, or released, any hazardous, toxic, or petroleum substances, waste or materials of any kind on the Leased Premises, except if the same are considered as fertilizer or other commonly used gardening materials. 17. Report release of Hazardous Materials - Lessee shall immediately furnish to the Lessor's Director of Risk Management written notice of any and all releases of hazardous waste, materials or substances whenever such releases are required to be reported to any federal, state, or local authority, and pay for all cleanup and removal costs. Such written notice shall identify the substance released, the amount released, the measures undertaken to cleanup and remove the released material and any contaminated soil or water. Lessee shall also provide Lessor with copies of any and all reports resulting from tests on the Leased Premises or made to any governmental agency which relate to the Leased Premises. 18. Environmental Indemnifications - Regardless of the City's acquiescence and in addition to the indemnification provisions contained elsewhere in this Lease Agreement, Lessee shall indemnify, defend, and hold Lessor, its officers, agents and employees, harmless from all costs, liabilities, penalties, or fines, including attorney's fees, resulting from or arising out of Lessee, its employees, agents, guests, patrons, or assigns, violation of the environmental provisions contained in this Lease Agreement and agrees to reimburse the Lessor for any and all costs and expenses incurred in eliminating or remedying such violations. Lessee further covenants and agrees to reimburse and hold the Lessor its officers, agents and employees, 9 harmless from all costs, expenses, attorney's fees and all penalties or civil judgments obtained against the Lessor as a result of Lessees, its employees, agents, guests, patrons, or assigns, use, release or disposal of petroleum product, hazardous substance, material, or waste onto the ground or into the air or water. Lessee agrees to waive any and all statutes of limitations applicable to any controversy or dispute arising under these environmental provisions and Lessee further agrees that it will not raise or plead a statute of limitation defense in any action arising out of Lessee's failure to comply with the environmental provisions contained herein. This provision shall survive the termination, cancellation, or expiration of this Lease. 19. Notice - Unless otherwise specified, all notices, consents and approvals required or authorized by this Lease Agreement to be given by or on behalf of either party to the other, shall be in writing and signed by a duly designated representative of the party by or on whose behalf they are given and shall be deemed given three days after the time a certified letter properly addressed, postage prepaid, is deposited in any United States Post Office or upon hand delivery. Notice to the City of Roanoke shall be addressed to the City of Roanoke Attention: Economic Development Manager 117 Church Avenue, S.W. Roanoke, Virginia 24011 (w. a copy to the Parks and Recreation Manager, Room 303 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 or at such other office as Lessor may hereinafter designate by notice to the Lessee in writing. Notice to the Lessee shall be sent to: Roanoke Community Garden Association 10 Attention: Heather O'Bryan 655 Highland Avenue, SE, Roanoke, Virginia 24013 or at such other place as Lessee may hereinafter designate by notice to the Lessor in writing. 20. Default- In addition the event Lessee breaches any provision of this Lease Agreement, and does not cure such breach within thirty (30) days after written notice of demand by Lessor, or Lessee has not established a community garden in accordance with Lessee's proposal attached as Exhibit B within six months of the date of this Lease Agreement, as determined by Lessor, this Lease Agreement shall terminate automatically, and Lessee agrees that Lessor may pursue Lessor's remedies available at law or in equity. 21. Entire Agreement - This Lease Agreement constitutes the entire understanding between the parties. Any changes or modification of this Lease Agreement must be in writing signed by both parties. 22. Sevcrabilitv - In the event any provision herein shall be finally declared void or illegal by any court or administrative agency having jurisdiction, the remaining provisions shall continue in full force and effect as nearly as possible in accordance with the original intent of the parties. 23. Headings - The headings used in this Lease Agreement are intended for convenience and reference only and do not define, expand, or limit the scope or meaning of any provision of this Lease Agreement. IN WITNESS WHEREOF, the parties have executed this Lease Agreement as of the day and year first written above: ATTEST: Stephanie M. Moon Reynolds, City Clerk Approved as to form: Assistant City Attorney LESSOR: CITY OF ROANOKE, VIRGINIA By Robert S. Cowell, Jr., City Manager LESSEE: ROANOKE COMMUNITY GARDEN ASSOCIATION, INC., a Virginia corporation Printed Nane: Approved as to execution: Assistant City Attorney 12 EXHIBIT A DIAGRAM OF LEASED PREMISES EXHIIBII 6 LESSEE'S PROPOSAL 10 LESSOR DA I ED JUNE 27, 2017 14 The Roanoke Times Roanoke, Virginia Affidavit of Publication SHERMAN M STOVALL, ASSISTANT CITY MGR 456 NOEL C. TAYLOR MUNICIPAL BLDG 215 CHURCH AVENUE SW ROANOKE, VA 24611 Account Number 6017304 Date February 12, 2018 Date Category DewnPlion Ad Size Total Cost 0 211 812 01 8 Legal Notices NOTICE OF PUBLIC HEARING The City of Roanoke ( "City") I 1 x 63 L 35728 NOTICE OF PUBLIC HEARING The rdy of Roanoke ( "rOv I p 5 o lea appro lely BOO square foo of C netl property. being a Of city armed property moaleo pai< «dN omcod In. lr9i VI _ o „ly known Osme arkm ( "Property'), orRoanoke Caroni Garden to Roanoke ed, to be setl (5) Yeas�fn"narn111L`,grMaui 1.2018. tea e aope� . tone above 0. e aad time. <o b heard on he above marter If bearing caleaze tline cdy mr C ei4� Office at (540) 853 2541, before ] Noon on ThursdayM1andr,,ryl15. 2018 of day Feb• .ry n2018mY Stephanie w7_ moon weynold4 MMC City Clerk (698419) 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: 0,11INID11h The First insertion being given ... 02/12/2018 Newspaper reference: 0000698419 BiliYnOteprAtentative Sworn to and subscribed before me this Monday, February 12, 2018 I otary P bli MCEN r State of Virginia j \�Z..,'NOTARY :��' City/County of Roanoke 4 �:' PUBLIC '. ^i My Commission expires ( I * ; REG. f(332g64 :.ji 10)(COMMISSION o', „�iE�PIR. 2c.- THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU NOTICE OF PUBLIC HEARING The City of Roanoke ( "City") proposes to tease an approximately 6,000 square foot portion of City -owned property, being a portion of City-owned property located at 0 Morgan Avenue, N.E., Roanoke, Virginia, designated as Official Tax Map No. 4240102, commonly known as "Momingside Park" ( "Property "), to Roanoke Community Garden Association, Incorporated, to be used as a community garden, for a term of five (5) years, commencing March 1, 2018. 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 Tuesday, February 20, 2018, commencing at 7:00 p.m., or as soon as the matter may be heard, in the Council Chamber, 4°' Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. Copies of the proposed Lease Agreement and the proposed ordinance will be available in the City Clerk's Office, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011, on and after Monday, February 12, 2018. 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 bearing, please contact the City Clerk's Office at (540) 853 -2541, before 12:00 Noon on Thursday, February 15, 2018. GIVEN under my hand this 12th day of February 2018. PI I Notice- Lease— Roanoke Community Garden (2 20 1 R) Stephanie M. Moon Reynolds, MMC City Clerk Note to Publisher: Please publish once in the Roanoke Times, legal notices, on Monday, February 12, 2018 Please send affidavit ofpublication to: Stephanie M. Moon Reynolds, MMC, City Clerk 4r" Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 456 Roanoke, Virginia, 24011 Phone: (540) 853 -2541 Send Invoice to: Sherman Stovall, Assistant City Manager for Operations 3rd Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011 Phone: (540) 853 -2333 PI I r;otice- Leese— R.ay.0 Community Garden (2.20.18) V JL IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of February, 2018. No. 41066- 022018. AN ORDINANCE authorizing the City Manager to execute a lease agreement with Carilion Clinic, for the lease of approximately 3,600 square feet of City -owned property, being a portion of City -owned property located at 0 Morgan Avenue, S.E., Roanoke, Virginia, designated as Official Tax Map No. 4240102, commonly known as "Morningside Park" ( "Property "); and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on February 20, 2018, pursuant to Sections 15.2- 1800(B) and 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 the proposed lease. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized, to execute and attest, respectively, in a form approved by the City Attorney, a lease agreement with Carilion Clinic, to [ease approximately 3,600 square feet of City - owned property, being a portion of City -owned property located at 0 Morgan Avenue, S.E., Roanoke, Virginia, designated as Official Tax Map No. 4240102, commonly known as "Morningside Park" ( "Property "), to be used by Carilion Clinic as an urban farm to grow and cultivate vegetables, flowers and other produce for the benefit of themselves and the community, for a term of live years, commencing March 1, 2018, at an annual rental of $10.00 per year, upon certain terms and conditions, and as more particularly described in the City Council Agenda Report dated February 20, 2018. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. A'PTEST,:� City Clerk. 0-1 cze- Carillon Clinic I M4240102 (2.202018) X08 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: February 20, 2018 Subject: Public Hearing to Lease an Approximate 60' X 60' Plot of Land Located at Morningside Park along Morgan Avenue, S.E., and Being a Portion of Tax Map Number 240102 to Carillon Clinic to use for an Urban Farm Background Carilion Clinic is launching a healthy eating initiative. They have expressed a desire to lease an approximate 60' X 60" plot of land located at Morningside Park and along Morgan Ave., S.E., being a portion of Tax Map Number 4240102 for use as a Community Garden. Carilion Clinic proposes to build an educational garden at Morningside Park in Southeast Roanoke City. The garden will be used to educate the community on all aspects of gardening and healthy lifestyles by providing hands on education and free produce to the community. Roanoke Community Garden Association will manage the 60' by 60' garden and will include 12 garden beds, benches and a shelter. The annual rental shall be $10. The lease term requested is for five years, commencing March 1, 2018. A public hearing is required for the consideration of such lease of public property. Recommended Action: Authorize the City Manager to execute a lease agreement in accordance with the terms and conditions of the attached lease, with Carilion Clinic to use as an Urban Farm for an approximate 60' X 60' plot of city -owned property located along Morgan Ave., S.E., N.W., Roanoke, Virginia, for a five year period commencing March 1, 2018 and expiring February 28, 2023. Such lease shall be approved as to form by the City Attorney. --- -- -- - - - - - - -- Ro ert S. Co II, Jr. City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Amelia C. Merchant, Director of Finance Michael Clark, Director of Parks and Rec Robert Ledger, Acting Director Economic Development Cassandra Turner, Economic Development Specialist DRAFT COPY LEASE AGREEMENT THIS LEASE AGREEMENT ( "Lease" or "Lease Agreement"), made as of this " day of , 2018, by and between the CITY OF ROANOKE, VIRGINIA, a municipal corporation organized and existing under the laws of the Commonwealth of Virginia ( "Lessor "), and CARILION CLINIC ( "Lessee "), RECITALS: WHEREAS, Lessor owns certain land located in the City of Roanoke, located at 0 Morgan Avenue, N.E., designated as Tax Map No. 4240102, and commonly known as Morningside Park ( "Property "); WHEREAS, Lessee is engaged in the business of providing healthcare and performing medical research, and desires to lease a portion of the Property for the purpose of operating an Urban Farm to grow and cultivate vegetables, flowers, and other produce for the benefit of themselves and the community, promote healthy eating, and to provide educational seminars to the public on gardening and healthy lifestyles; and WHEREAS, Lessor desires to lease a portion of the Property to Lessee for such use, upon the terms and conditions stated below. NOW THEREFORE, Lessor and Lessee, for and in consideration of the mutual covenants contained in this Lease Agreement, and the above recitals which are incorporated herein by reference and made a part of this Lease Agreement, do hereby covenant and agree as follows: I . Leased Premises - Lessor hereby leases to Lessee, subject to the terms and conditions contained herein, and Lessee hereby leases from the Lessor, as tenant, an approximately 3,600 sq. ft., more or less, portion of the Property as further detailed on the attachment attached hereto as Exhibit A (hereinafter referred to as the "Leased Premises "). 2. Permitted Use - The Leased Premises shall only be used by Lessee for the purpose of maintaining and operating an Urban Farm, which use shall be for planting and harvesting agricultural crops (which may be given to attendees of the Urban Farm and or may be sold by Lessee to farmers' markets or donated to local food banks), and activities ancillary thereto, and providing educational seminars to the public, and as further detailed in the above recitals, and for no unlawful purpose, either as of the date of this Lease Agreement or on any unrecorded form thereof, or other purpose that is not reasonably related to the operation and maintenance of an Urban Farm as determined by Lessor, and as further detailed in Lessee's proposal to Lessor dated November 22, 2017, attached hereto as Exhibit B and made a part of this Agreement. The Leased Premises may not be used for any other purpose without the written permission of the Lessor. The Lessee agrees that it shall not charge the public for admission or entry to the Urban Farm. 3. Term - The term of this Lease Agreement shall be for a period of five (5) years, commencing on , 2018, and continuing until midnight, , 2023. This Lease shall be terminable by either party at any time, for any reason, during the term of this Lease, upon ninety (90) days written notice to the other party. 4. Rental - Annual rental shall be $10.00 non- refundable, payable in advance for each year during the term of the Lease, and mailed or otherwise delivered to the Lessor's 2 Treasurer, City of Roanoke, P. O. Box 1451, Roanoke, VA 24007. Checks should be made payable to the Roanoke City Treasurer. 5. Subleasing - Lessee covenants and agrees that it will not sublet, license, assign, or transfer by operation of law or otherwise this Lease Agreement, the Leased Premises or any right Lessee is authorized to exercise hereunder, without the prior written consent of the Lessor, such written consent to include a specific reference to this Lease Agreement or any unrecorded form thereof. Any attempt by the Lessee to sublet, license, assign, or transfer by operation of law or otherwise this Lease Agreement, the Leased Premises, or any rights Lessee is authorized to exercise hereunder without the prior written consent of the Lessor, shall result in the automatic termination of this Lease Agreement. 6. Condition of the Leased Premises - Lessee has inspected the Leased Premises and acknowledges that the Leased Premises are suitable for the purpose intended by the Lessee, and the Leased Premises are being made available in its "as is" , "where is" condition, and the Leased Premises are being accepted by Lessee in such condition. Lessor makes no warranties of any kind regarding any aspect of the Leased Premises and its suitability for the Permitted Use, including but not limited to, the physical and environmental condition of the Leased Premises, and Lessor expressly disclaims any express or implied warranties regarding the Leased Premises. 7. Alterations and Improvements - There shall be no major alterations of the Leased Premises by Lessee, without Lessor's prior written consent, such prior written consent shall be required before Lessee shall be allowed to construct and install signage, benches, and a shelter. Other structures shall be approved by Lessor, if at all, in writing by Lessor before construction or installation of the same. Lessee agrees to remove such structures and signage and restore the Leased Premises to the same condition that existed at the commencement of this 3 Lease, at Lessee's sole cost and expense, upon the termination, expiration, or cancellation of this Lease by either party. Lessee agrees to pay for the cost of any damage to the Leased Premises caused by such removal or restoration at Lessee's sole expense. Lessee further agrees that it shall remove any structure or property installed by Lessee that is objectionable to Lessor in the sole discretion and determination of Lessor within fifteen (15) calendar days of receipt of notice from Lessor to do so. 8. Utilities - Lessee shall pay all utility connections and service charges, if any, with respect to the Leased Premises. 9. Maintenance - Lessee agrees to be responsible for all maintenance of any kind on the Leased Premises. Lessee agrees that it shall not allow the Leased Premises to become unsightly or overgrown with, weeds, vegetation and crops, in the determination or Lessor, and shall otherwise keep the Leased Premises in good appearance and free and clear of debris and litter. Lessee further agrees that it shall trim and remove such overgrowth upon demand by Lessor. Lessee shall assume all liability for damage or loss to persons or property by its actions or actions of its machinery, equipment, agents, employees, guests, invitees and contractors in connection with this Lease. The parties agree that Lessor shall have no obligation to maintain the Leased Premises. 10. Restoration of Premises- Lessee shall restore the Leased Premises to the same condition in which the Leased Premises existed prior to commencement of this Lease, upon termination, nomenewal, or cancellation of this Lease Agreement. 11. Inspection- Lessee hereby grants and gives to the Lessor, its agents and employees the right and license to enter the Leased Premises, without notice, at any reasonable time to inspect the Premises or to conduct a reasonable environmental investigation, including 4 but not limited to an environmental assessment or audit of the Premises to satisfy the Lessor that the Premises are free from environmental contaminations and hazards. The Lessor may employ engineers to conduct such investigations on the Lessor's behalf, and the Lessee shall give to such engineers the same rights and licenses as the Lessor may have pursuant to this section. The Lessee shall from time to time and upon the request of the Lessor, give to the Lessor or to whomever the Lessor may designate, such assurances as may be necessary to show that the Lessee is in compliance with any and all Environmental Laws. The Lessor shall use its best efforts to minimize interference with the Lessee's business but shall not be liable for any interference or harm caused by the Lessor's exercise of its rights under this section. If after conducting any such Environmental investigation as required herein, should any environmental contamination be found that is the result of Lessee, its employees, guest, agents, patrons, or assigns, the cost of such investigation and audit, in addition to all costs required to comply with any Environmental Law and to conduct necessary cleanup, and the payment of any fines and penalties made against Lessor by any court or regulatory agency as a result of any such environmental condition existing shall be home by the Lessee and paid by Lessee immediately upon written demand therefore. 12. Compliance with laws rules and regulations - In Lessee's exercise of the rights and privileges granted herein, Lessee, its agents, employees, guests, invitees, contractors, and /or any other person over whom Lessee has control shall observe, obey and comply fully at Lessee's own expense with all present and future, federal, state and local laws, rules or regulations, applicable to or affecting directly or indirectly Lessee or its operations and activities on or in connection with the Leased Premises. 5 13. Indemnity — Lessee shall indemnify and hold harmless the Lessor, its officers, agents and employees, against any and all loss, cost or expense, including attorney's fees, resulting from any claim, whether or not reduced to a judgment, and for any liability of any nature whatsoever that may arise out of or result from activities or omissions of Lessee, its successors, officers, agents, employees, assigns, guests, contractors, or invitees, on the Leased Premises, pursuant to this Lease, including, without limitation, fines and penalties, violations of federal, state or local laws, or regulations promulgated thereunder, personal injury, wrongful death, or property damage claims. In addition to the indemnification provision contained elsewhere in this Lease Agreement, and regardless of the Lessor's acquiescence, Lessee agrees to indemnify, defend and hold the Lessor, its officers, agents and employees, harmless from any and all costs, liabilities, expenses, lines, penalties, or civil judgments, including attorney's fees resulting from or obtained against or paid by the Lessor as a result of Lessee's violations of or failure to comply with any other provisions of this Lease Agreement. This provision shall survive the termination, cancellation, or expiration of this Lease. 14. Insurance Coverage — Lessee shall, at its sole expense, obtain and maintain during the life of this Lease Agreement, the insurance policies required by this Section. Any required insurance policies shall be effective prior to the beginning date of this Lease Agreement. The following policies and coverages are required: (a) Commercial General Liability. Commercial General Liability insurance, written on an occurrence basis and including products /completed operations coverage, shall insure against all claims, loss, cost, damage, expense or liability from loss of life or damage or injury to persons or property arising out of the Licensee's /should this be Lessee's actions under this Lease 6 Agreement. The minimum limits of liability for this coverage shall be $1,000,000 combined single limit for any one occurrence. (b) Contractual Liability. Broad form Contractual Liability insurance shall include the indemnification obligation set forth in Section 13 and Section 18 of this Lease Agreement. (c) Tenant's insurance. Lessee shall, at its sole cost and expense, obtain and maintain during the life of this Agreement a property insurance policy written on an "all risk" basis insuring buildings, HVAC, and all of tenant's personal property, including, but not limited to, equipment, furniture, fixtures, furnishings, and leasehold improvements which are Lessee's responsibility, for not less than full replacement cost of such property. Lessee is responsible for and all deductibles and coinsurance penalties that may apply. All proceeds of such insurance shall be used to repair or replace tenant's property. Such insurance coverage shall include an amount equal to twelve months loss of rent coverage payable to the Lessor. (d) Workers' Compensation. Workers' Compensation insurance covering Licensee's statutory obligation under the laws of the Commonwealth of Virginia and Employer's Liability insurance shall be maintained for all its employees engaged in work on the Premises. Minimum limits of liability for Employer's Liability shall be $100,000 bodily injury by accident each occurrence; $500,000 bodily injury by disease (policy limit); and $100,000 bodily injury by disease (each employee). With respect to Workers' Compensation coverage, the Contractor's insurance company shall waive rights of subrogation against the City, its officers, employees, agents, volunteers and representatives. The insurance overages and amounts set forth in subsections (a), (b), (c) and (d) of this Section may be met by an umbrella liability policy following the form of the underlying primary coverage. Should an umbrella liability insurance coverage policy be used, such coverage shall be accompanied by a certificate of endorsement 7 stating that it applies to the specific policy numbers indicated for the insurance providing the overages required by subsections (a), (b), (c) and (d), and it is further agreed that such statement shall be made a part of the certificate of insurance furnished by lessee to the City. All insurance shall meet the following requirements: (a) Lessee shall furnish the City a certificate or certificates of insurance showing the type, amount, effective dates and date of expiration of the policies. Certificates of insurance shall include any insurance deductibles. (b) Insurance cancellation will be in accordance with policy. (e) The required certificate or certificates of insurance shall name the City of Roanoke, its officers, employees, agents, volunteers and representatives as additional insured. (d) Where waiver of subrogation is required with respect to any policy of insurance required under this Section, such waiver shall be specified on the certificate of insurance. (e) Insurance coverage shall be in a form and with an insurance company approved by the City which approval shall not be unreasonably withheld. Any insurance company providing coverage under this Lease Agreement shall be authorized to do business in the Commonwealth of Virginia. Such coverage shall not be canceled or materially altered except after thirty days written notice of such cancellation or material alteration to the Director of Risk Management of the Lessor. Prior to the execution of this Lease Agreement, Lessee shall provide the Lessor's Director of Risk Management with an exact copy of the Certificate of Insurance as specified above. All renewal policies shall be delivered to the Lessor's Director of Risk Management at least fifteen days prior to the expiration date of the expiring policy. If at any time the coverage, carrier or limits on any policy or the insurance requirements contained herein shall become unsatisfactory to the Lessor, Lessee shall forthwith provide a new policy meeting the requirements of the Lessor. 15. Compliance with Environmental Laws — Lessee, its agents, employees, guests, patrons, and assigns, shall comply and ensure the compliance with all federal, state and local laws, rules, regulations, resolutions and ordinances controlling air, water, noise, solid waste and other pollution and relating to the use, storage, transportation, release or disposal of hazardous material substances or waste, which materials include, but are not limited to, any fertilizer and others products used in the gardening process. 16. Hazardous Waste and Materials Prohibited - Lessee shall not bring or allow or permit to be brought onto, stored, disposed of, or released, any hazardous, toxic, or petroleum substances, waste or materials of any kind on the Leased Premises, except if the same are considered as fertilizer or other commonly used gardening materials. 17. Report release of Hazardous Materials - Lessee shall immediately furnish to the Lessor's Director of Risk Management written notice of any and all releases of hazardous waste, materials or substances whenever such releases are required to be reported to any federal, state, or local authority, and pay for all cleanup and removal costs. Such written notice shall identify the substance released, the amount released, the measures undertaken to cleanup and remove the released material and any contaminated soil or water. Lessee shall also provide Lessor with copies of any and all reports resulting from tests on the Leased Premises or made to any governmental agency which relate to the Leased Premises. 18. Environmental Indemnifications - Regardless of the City's acquiescence and in addition to the indemnification provisions contained elsewhere in this Lease Agreement, Lessee shall indemnify, defend, and hold Lessor, its officers, agents and employees, harmless from all L costs, liabilities, penalties, or fines, including attorney's fees, resulting from or arising out of Lessee, its employees, agents, guests, patrons, or assigns, violation of the environmental provisions contained in this Lease Agreement and agrees to reimburse the Lessor for any and all costs and expenses incurred in eliminating or remedying such violations. Lessee further covenants and agrees to reimburse and hold the Lessor its officers, agents and employees, harmless from all costs, expenses, attorney's fees and all penalties or civil judgments obtained against the Lessor as a result of Lessees, its employees, agents, guests, patrons, or assigns, use, release or disposal of petroleum product, hazardous substance, material, or waste onto the ground or into the air or water. Lessee agrees to waive any and all statutes of limitations applicable to any controversy or dispute arising under these environmental provisions and Lessee further agrees that it will not raise or plead a statute of limitation defense in any action arising out of Lessee's failure to comply with the environmental provisions contained herein. This provision shall survive the termination, cancellation, or expiration of this Lease. 19. Notice - Unless otherwise specified, all notices, consents and approvals required or authorized by this Lease Agreement to be given by or on behalf of either party to the other, shall be in writing and signed by a duly designated representative of the party by or on whose behalf they are given and shall be deemed given three days after the time a certified letter properly addressed, postage prepaid, is deposited in any United States Post Office or upon hand delivery. Notice to the City of Roanoke shall be addressed to the: City of Roanoke Attention: Economic Development Manager 117 Church Avenue, S.W. Roanoke, Virginia 24011 (w. a copy to the Parks and Recreation Manager, 10 Room 303 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 or at such other office as Lessor may hereinafter designate by notice to the Lessee in writing. Notice to the Lessee shall be sent to Carilion Clinic Attention: Roanoke, Virginia or at such other place as Lessee may hereinafter designate by notice to the Lessor in writing. 20. Default- In addition the event Lessee breaches any provision of this Lease Agreement, and does not cure such breach within thirty (30) days after written notice of demand by Lessor, or Lessee has not established an urban farm in accordance with Lessee's proposal attached as Exhibit B within six months of the date of this Lease Agreement, as determined by Lessor, this Lease Agreement shall terminate automatically, and Lessee agrees that Lessor may pursue Lessor's remedies available at law or in equity. 21. Entire Agreement - This Lease Agreement constitutes the entire understanding between the parties. Any changes or modification of this Lease Agreement must be in writing signed by both parties. 21 Severability - In the event any provision herein shall be finally declared void or illegal by any court or administrative agency having jurisdiction, the remaining provisions shall continue in full force and effect as nearly as possible in accordance with the original intent of the parties. 23. Headings - The headings used in this Lease Agreement are intended for convenience and reference only and do not define, expand, or limit the scope or meaning of any provision of this Lease Agreement. IN WITNESS WHEREOF, the parties have executed this Lease Agreement as of the day and year first written above: ATTEST: Stephanie M. Moon Reynolds, City Clerk Approved as to form: Assistant City Attorney LESSOR: CITY OF ROANOKE, VIRGINIA By Robert S. Cowell, Jr., City Manager LESSEE: CARILION CLINIC Printed Approved as to execution: Assistant City Attorney 12 EXHIBI'I'A DIAGRAM OF LEASED PREMISES EXHIBIT B LESSEE'S PROPOSAL 10 LESSOR DATED NOVEMBER 22, 2017 14 The Roanoke Times Roanoke, Virginia Affidavit of Publication SHERMAN M STOVALL. ASSISTANT CITY MGR 215 CHURCH AVE SW ROOM 364 ROANOKE. VA 24011 Account Number 6017304 Date February 12, 2018 Date Category Description Ad Size Total Cost 0211812018 Legal Notices NOTICE OF PUBLIC HEARING The City of Roanoke ( "City") I 1 x 65 L 366.40 NOTICE OF PUBLIC HEARING The City of Roanoke ( "City') Proposes iooi'tol,hi ,'P-f orty-- ow�eda proppe. y, polls a portion of City -0-ned property Intel. o orsa i` o oniyTakno nap 0102. Park (..p andp"Iti -tely an ,bli,,. -erlee .d,or aplet lie benen( of ninni a eal ea —, --ell an iolite. all ote—leal eie ieei p °olaie"iRo on tl, b�mt l yo, are a perl.no„ no'e th —n, o f.° ins emtaaI 11—'t the city cler o0 t (Soo) before 1 Noon on Thurz2o hand ,11, lnny of Feplioll, z.... Stephan.. CM... R.yri MMC city 11-1 C69nal1) 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: 02112/2018 The First insertion being given ... 02/12/2018 Newspaper reference: 0000698411 Billing 6114ese ntativve U Sworn to and subscribed before me this Monday, February 12, 2018 Z,�. n _1,4- iii` e Notary P+Iic / / aP(OLEN/, ,F State of Virginia V P; NOTARY City/County of Roanoke W PUBLIC My Commission expires C.V - * : REG. #332964 = i IavcoMMS3ioN e n n _ CX01R K THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU OA- NOTICE OF PUBLIC HEARING The City of Roanoke ( "City ") proposes to lease an approximately 3,600 square foot portion of City -owned property, being a portion of City -owned property located at 0 Morgan Avenue, N.E., Roanoke, Virginia, designated as Official Tax Map No. 4240102, commonly known as "Morningside Park" ( "Property "), to Caribou Clinic, to be used as an urban farm to grow and cultivate vegetables, flowers and other produce for the benefit of themselves and the community, for a term of five (5) years, commencing March 1, 2018. 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 Tuesday, February 20, 2018, commencing at 7:00 p.m., or as soon as the matter may be heard, in the Council Chamber, 4" Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. Copies of the proposed Lease Agreement and the proposed ordinance will be available in the City Clerk's Office, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011, on and after Monday, February 12, 2018. 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, February 15, 2018. GIVEN under my hand this 12th day of February 2018. PH Nw.-Le.,e— Carilion Clinic (220.18) Stephanie M. Moon Reynolds, MMC City Clerk Note to Publisher: Please publish once in the Roanoke Times, legal notices, on Monday, February 12, 2018 Please send affidavit of publication to Stephanie M. Moon Reynolds, MMC, City Clerk 4" Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 456 Roanoke, Virginia, 24011 Phone: (540) 853 -2541 Send Invoice to Sherman Stovall, Assistant City Manager for Operations 3rd Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011 Phone: (540) 853 -2333 PH Notice-Lease — Cerilion Clinic(22018) ;1L IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of February, 2018. No. 41067 - 022018. AN ORDINANCE authorizing the City Manager to execute a lease agreement with Roanoke Community Garden Association, Incorporated, for the lease of approximately 0.3664 acres of City -owned property located at the northeast comer of 13ih Street, S.W. and Cleveland Avenue, S. W., Roanoke, Virginia, designated as Official Tax Map No. 1220803: and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on February 20, 2018, pursuant to Sections 15.2- 1800(B) and 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 the proposed lease. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized, to execute and attest, respectively, in a form approved by the City Attorney, a lease agreement with Roanoke Community Garden Association, Incorporated, to lease approximately 0.3664 acres of City -owned property located at the northeast comer of 13 °i Street, S.W. and Cleveland Avenue, S. W., Roanoke, Virginia, designated as Official Fax Map No. 1220803, to be used by Roanoke Community Garden Association, Incorporated as a community garden, for a term of five years, commencing March 1, 2018, at an annual rental of $10.00 per year, upon certain terms and conditions, and as more particularly described in the City Council Agenda Report dated February 20, 2018. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTk�r�' rV\�m City Clerk. O- I<ere- IZOVnokc Community GeNen Assn (2 20 2018) Q) CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: February 20, 2018 Subject: Request to Renew Lease Approximately 0.3664 Acres of Land Located at the Northeast Corner of 13'h Street and Cleveland Avenue and Designated as Tax Map Number 1220803 Roanoke Community Garden Association, Incorporated Background The Roanoke Community Garden Association, Incorporated (RCGA) has leased approximately 0.3664 acres of land located at the Northeast corner of 13`h Street and Cleveland Avenue, designated as Tax Map Number 1220803, for a Community Garden since January 2013. The current lease terminated on January 31, 2018, and the RCGA has requested another five year lease term. Currently, the RCGA operates four (4) other community garden locations. The other locations are 824 Campbell Ave. S.W., SOS Day Ave., 1 71 8 Salem Ave. and the corner of 24'" St. and Salem Ave. RCGA is organized exclusively for charitable, scientific and educational purposes, more specifically to establish community gardens in order to provide an opportunity for local residents to garden; to beautify the neighborhood; to provide a meeting place for neighbors. Further, its purpose is to promote, to educate and to disseminate information about sustainability and food security to the local community. The 13" Street location will only be used for the purpose of maintaining and operating a community garden, which use shall include, but is not limited to, planting and harvesting of agricultural crops. The annual rental shall be $10. The five year lease term requested would commence on March 1, 2018. A public hearing is required for the consideration of such lease of public property. Recommended Action: Authorize the City Manager to execute a lease agreement in accordance with the terms and conditions of the attached lease, with the Roanoke Community Garden Association, Incorporated, for an approximately 0.3664 acres of land located at the Northeast corner of 13" Street and Cleveland Avenue, designated as Tax Map Number 1220803, for a Community Garden, for a five year period commencing March 1, 2018 and expiring February 28, 2023. Such lease shall be approved as to form by the City Attorney. ------ - - - - -� -- --- - - - - -- Robert S. Cowell, Jr. City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Amelia C. Merchant, Director, Department of Finance Robert Ledger, Acting Director, Economic Development Cassandra Turner, Economic Development Specialist DRAFT - January 29, 2018 LEASE AGREEMENT THIS LEASE AGREEMENT, made as of this I" day of February, 2018, by and between the CITY OF ROANOKE, VIRGINIA, a municipal corporation organized and existing under the laws of the Commonwealth of Virginia ( "Lessor "), and ROANOKE COMMUNITY GARDEN ASSOCIATION, INCORPORATED, a Virginia corporation ( "Lessee "), WITNESSETH: WHEREAS, Lessor owns certain land located in the City of Roanoke, designated as Tax Map No. 1220803; WHEREAS, Lessee operates and maintains community gardens at several locations throughout the City of Roanoke, where participants can plant, harvest, grow and cultivate vegetables, flowers, and other produce for the benefit of themselves and the community; and WHEREAS, Lessee has leased such property from Lessor pursuant to a lease dated February 1, 2013, for a five year term, which lease expires on January 31, 2018 (the "2013 Lease "), and Lessee desires to continue to lease the above referenced property from Lessor for use as a community garden, and Lessor desires to lease the same to Lessee, , upon the terms and conditions stated below. NOW THEREFORE, Lessor and Lessee, for and in consideration of mutual covenants contained in this Lease Agreement and the above recitals which are incorporated herein, do hereby covenant and agree as follows: I . Leased Premises - Lessor hereby leases to Lessee, subject to the terms and conditions contained herein, and Lessee hereby accepts from the Lessor, as tenant, approximately 0.3664 acres of land, more or less, located at the Northeast comer of l3a' Street and Cleveland Avenue, in the City of Roanoke, Virginia, and designated as Tax Map No. 1220803 (hereinafter referred to as the "Leased Premises "). 2. Permitted Use - The Leased Premises shall only be used for the purpose of maintaining and operating a community garden, which use shall include, but not be limited to, planting and harvesting of agricultural crops, and activities ancillary thereto, and for no unlawful purpose, or other purpose, within the determination of Lessor, that is not reasonably related to the operation and maintenance of a community garden. 3. Tenn - The term of this Lease Agreement shall be for a period of five (5) years, commencing on February 1, 2018, and continuing until midnight, January 31,2023. This lease shall be terminable by Lessee at any time during the tern of this Lease, upon thirty days written notice to Lessor. This Lease shall only be terminable by Lessor for cause due to default by Lessee of any of the terms and conditions of this Lease which are not cured as provided herein, during the 5 year term of the Lease. 4. Rental - Annual rental shall be $10.00 non - refundable, payable in advance for the entire tern of the lease, and mailed or otherwise delivered to the Lessor's Treasurer, City of Roanoke, P. O. Box 1451, Roanoke, VA 24007. Checks should be made payable to City Treasurer. 5. Subleasing - Lessee covenants and agrees that it will not sublet, license, assign, or transfer by operation of law or otherwise this Lease Agreement, the Leased Premises or any right Lessee is authorized to exercise hereunder, without the prior written consent of the Lessor. 2 Any attempt by the Lessee to sublet, license, assign, or transfer by operation of law or otherwise this Lease Agreement, the Leased Premises, or any rights Lessee is authorized to exercise hereunder without the prior written consent of the Lessor shall result in the automatic termination of this Lease Agreement. 6. Condition of the Leased Premises - Lessee has inspected the Leased Premises and acknowledges that the Leased Premises are suitable for the purpose intended by the Lessee, and the Leased Premises are being made available "as is ", "where is", and accepted in their present condition. Lessor makes no warranties of any kind regarding any aspect of the Leased Premises, including but not limited to, the physical and environmental condition of the Leased Premises, and the parties agree that Lessor expressly disclaims any express or implied warranties regarding the Leased Premises. 7. Alterations and Improvements - There shall be no major alterations of the Leased Premises, without Lessor's prior written consent. The parties acknowledge that Lessee was allowed under the 2013 Lease to construct a small shelter for the purpose of sheltering participants from the elements and to allow for the education of participants, and small structures on the Leased Premises for storage of equipment which structures may include a fence, used in connection with the community garden only, at Lessee's sole expense, upon Lessor's prior approval in writing. Lessee may continue to do the same under this Lease Agreement. Provided, however, that Lessee agrees to remove the structures, fences, and shelters, and restore the Leased Premises to the same condition that existed at the commencement of this Lease or the 2013 Lease, at Lessee's sole expense, upon the termination or cancellation of this Lease. Lessee agrees to pay for the costs of any damages to the Leased Premises caused by such removal or restoration. This provision shall survive the termination or expiration of this Lease Agreement, 3 8. Utilities - Lessee shall pay all utility connections and service charges, if any, with respect to the Leased Premises. 9. Maintenance- Lessee agrees to be responsible for all maintenance of any kind on the Leased Premises. Lessee agrees that it shall not allow the Leased Premises to become unsightly or overgrown with, weeds, vegetation and crops, in the determination or Lessor and shall otherwise keep the Leased Premises in good appearance and free and clear of debris and litter. Lessee further agrees that it shall trim and remove such overgrowth upon demand by Lessor. Lessee shall assume all liability for damage or loss to persons or property by its actions or actions of its machinery, equipment, agents, employees, guests, invitees and contractors in connection with this Lease. Lessee agrees that Lessor shall have no maintenance obligations of any kind to Lessee or the Leased Premises pursuant to this Lease Agreement. 10. Incorporation of Rules acrd Regulations- Lessee shall require and ensure that any persons or entities using the Leased Premises to comply with Lessee's rules and regulations, which are attached to this Lease Agreement as Exhibit A, and incorporated herein. 11. Inspection- Lessee hereby grants and gives to the Lessor, its agents and employees the right and license to enter the Leased Premises, without notice, at any reasonable time to inspect the Premises or to conduct a reasonable environmental investigation, including but not limited to an environmental assessment or audit of the Premises to satisfy the Lessor that the Premises are free from environmental contaminations and hazards. The Lessor may employ engineers to conduct such investigations on the Lessor's behalf, and the Lessee shall give to such engineers the same rights and licenses as the Lessor may have pursuant to this section. The Lessee shall from time to time and upon the request of the Lessor, give to the Lessor or to whomever the Lessor may designate such assurances as may be necessary to show that the 4 Lessee is in compliance with any and all Environmental Laws. The Lessor shall use its best efforts to minimize interference with the Lessee's business but shall not be liable for any interference or harm caused by the Lessor's exercise of its rights under this section. If after conducting any such Environmental investigation as required herein, should any environmental contamination be found that is the result of Lessee, its employees, guest, agents, patrons, or assigns, the cost of such investigation and audit, in addition to all costs required to comply with any Environmental Law and to conduct necessary cleanup, and the payment of any fines and penalties made against Lessor by any court or regulatory agency as a result of any such environmental condition existing shall be home by the Lessee and paid by Lessee immediately upon written demand therefore. 12. Compliance with laws rules and regulations - In Lessee's exercise of the rights and privileges granted herein, Lessee, its agents, employees, guests, invitees, contractors, and /or any other person over whom Lessee has control shall observe, obey and comply fully at Lessee's own expense with all present and future, federal, state and local laws, rules or regulations, applicable to or affecting directly or indirectly Lessee or its operations and activities on or in connection with the Leased Premises. 13. Indemnity — Lessee shall indemnify and hold harmless the Lessor, its officers, agents and employees, against any and all loss, cost or expense, including attorney's fees, resulting from any claim, whether or not reduced to a judgment, and for any liability of any nature whatsoever that may arise out of or result from activities or omissions of Lessee, its successors, officers, agents, employees, assigns, guests, contractors, or invitees, on the Leased Premises, pursuant to this lease, including, without limitation, fines and penalties, violations of federal, state or local laws, or regulations promulgated thereunder, personal injury, wrongful death, or property damage claims. In addition to the indemnification provision contained elsewhere in this Lease Agreement, and regardless of the Lessor's acquiescence, Lessee agrees to indemnify, defend and hold the Lessor, its officers, agents and employees, harmless from any and all costs, liabilities, expenses, lines, penalties, or civil judgments, including attorney's fees resulting from or obtained against or paid by the Lessor as a result of Lessee's violations of or failure to comply with any other provisions of this Lease Agreement. This provision shall survive the termination or expiration of this Lease Agreement. 14. Insurance Coverage - Lessee shall, at its sole expense, obtain and maintain during the life of this Lease Agreement, the insurance policies required by this Section. Any required insurance policies shall be effective prior to the beginning date of this Lease Agreement. The following policies and coverages are required: (a) Commercial General Liability. Commercial General Liability insurance, written on an occurrence basis and including products /completed operations coverage, shall insure against all claims, loss, cost, damage, expense or liability from loss of life or damage or injury to persons or property arising out of the Licensee's /should this be Lessee's actions under this Lease Agreement. The minimum limits of liability for this coverage shall be 51,000,000 combined single limit for any one occurrence. (b) Contractual Liability. Broad form Contractual Liability insurance shall include the indemnification obligation set forth in Section 13 and Section 18 of this Lease Agreement. (c) Tenant's insurance. Lessee shall, at its sole cost and expense, obtain and maintain during the life of this Agreement a property insurance policy written on an "all risk" basis insuring buildings, HVAC, and all of tenant's personal property, including, but not limited to, equipment, furniture, fixtures, furnishings, and leasehold improvements which are Lessee's 6 responsibility, for not less than full replacement cost of such property. Lessee is responsible for and all deductibles and coinsurance penalties that may apply. All proceeds of such insurance shall be used to repair or replace tenant's property. Such insurance coverage shall include an amount equal to twelve months loss of rent coverage payable to the Lessor. (d) Workers' Compensation. Workers' Compensation insurance covering Licensee's statutory obligation under the laws of the Commonwealth of Virginia and Employer's Liability insurance shall be maintained for all its employees engaged in work on the Premises. Minimum limits of liability for Employer's Liability shall be $100,000 bodily injury by accident each occurrence; $500,000 bodily injury by disease (policy limit); and $100,000 bodily injury by disease (each employee). With respect to Workers' Compensation coverage, the Contractor's insurance company shall waive rights of subrogation against the City, its officers, employees, agents, volunteers and representatives. The insurance overages and amounts set forth in subsections (a), (b), (c) and (d) of this Section may be met by an umbrella liability policy following the form of the underlying primary coverage. Should an umbrella liability insurance coverage policy be used, such coverage shall be accompanied by a certificate of endorsement stating that it applies to the specific policy numbers indicated for the insurance providing the overages required by subsections (a), (b), (c) and (d), and it is further agreed that such statement shall be made a part of the certificate of insurance furnished by Lessee to the City. All insurance shall meet the following requirements: (a) Lessee shall furnish the City a certificate or certificates of insurance showing the type, amount, effective dates and date of expiration of the policies. Certificates of insurance shall include any insurance deductibles. 7 (b) Insurance cancellation will be in accordance with policy. (c) The required certificate or certificates of insurance shall name the City of Roanoke, its officers, employees, agents, volunteers and representatives as additional insured. (d) Where waiver of subrogation is required with respect to any policy of insurance required under this Section, such waiver shall be specified on the certificate of insurance. (e) Insurance coverage shall be in a form and with an insurance company approved by the City which approval shall not be unreasonably withheld. Any insurance company providing coverage under this Lease Agreement shall be authorized to do business in the Commonwealth of Virginia. Such coverage shall not be canceled or materially altered except after thirty days written notice of such cancellation or material alteration to the Director of Risk Management of the Lessor. Prior to the execution of this Lease Agreement, Lessee shall provide the Lessor's Director of Risk Management with an exact copy of the Certificate of Insurance as specified above. All renewal policies shall be delivered to the Lessor's Director of Risk Management at least fifteen days prior to the expiration date of the expiring policy. If at any time the coverage, carrier or limits on any policy or the insurance requirements contained herein shall become unsatisfactory to the Lessor, Lessee shall forthwith provide a new policy meeting the requirements of the Lessor. 15. Compliance with Environmental Laws — Lessee, its agents, employees, guests, patrons, and assigns, shall comply and ensure the compliance with all federal, state and local laws, rules, regulations, resolutions and ordinances controlling air, water, noise, solid waste and other pollution and relating to the use, storage, transportation, release or disposal of hazardous 8 material substances or waste, which materials include, but are not limited to, any fertilizer and others products used in the gardening process. 16. Hazardous Waste and Materials Prohibited - Lessee shall not bring or allow or permit to be brought onto, stored, disposed of, or released, any hazardous, toxic, or petroleum substances, waste or materials of any kind on the Leased Premises, except if the same are considered as fertilizer or other commonly used gardening materials, and approved in writing by the Lessor. 17. Report release of Hazardous Materials - Lessee shall immediately furnish to the Lessor's Director of Risk Management written notice of any and all releases of hazardous waste, materials or substances whenever such releases are required to be reported to any federal, state, or local authority, and pay for all cleanup and removal costs. Such written notice shall identify the substance released, the amount released, the measures undertaken to cleanup and remove the released material and any contaminated soil or water. Lessee shall also provide Lessor with copies of any and all reports resulting from tests on the Leased Premises or made to any governmental agency which relate to the Leased Premises. 18. Environmental Indemnifications - Regardless of the City's acquiescence and in addition to the indemnification provisions contained elsewhere in this Lease Agreement, Lessee shall indemnify, defend, and hold Lessor, its officers, agents and employees, harmless from all costs, liabilities, penalties, or fines, including attorney's fees, resulting from or arising out of Lessee, its employees, agents, guests, patrons, or assigns, violation of the environmental provisions contained in this Lease Agreement and agrees to reimburse the Lessor for any and all costs and expenses incurred in eliminating or remedying such violations. Lessee further covenants and agrees to reimburse and hold the Lessor its officers, agents and employees, 9 harmless from all costs, expenses, attorney's fees and all penalties or civil judgments obtained against the Lessor as a result of Lessee's, its employees, agents, guests, patrons, or assigns, use, release or disposal of petroleum product, hazardous substance, material, or waste onto the ground or into the air or water. Lessee agrees to waive any and all statutes of limitations applicable to any controversy or dispute arising under these environmental provisions and Lessee further agrees that it will not raise or plead a statute of limitation defense in any action arising out of Lessee's failure to comply with the environmental provisions contained herein. This provision shall survive the termination or expiration of this Lease Agreement. 19. Notice - Unless otherwise specified, all notices, consents and approvals required or authorized by this Lease Agreement to be given by or on behalf of either party to the other, shall be in writing and signed by a duly designated representative of the party by or on whose behalf they are given and shall be deemed given three days after the time a certified letter properly addressed, postage prepaid, is deposited in any United States Post Office or upon hand delivery. Notice to the City of Roanoke shall be addressed to the: City of Roanoke Attention: Economic Development Manager 117 Church Avenue, S.W. Roanoke, Virginia 24011 or at such other office as Lessor may hereinafter designate by notice to the Lessee in writing. Notice to the Lessee shall be sent to: Roanoke Community Garden Association, Inc. Attention: Heather O'Bryan655 Highland Avenue, SE, Roanoke, Virginia 24013 or at such other place as Lessee may hereinafter designate by notice to the Lessor in writing. 10 20. Default- In addition the event Lessee breaches any provision of this Lease Agreement, and does not cure such breach within thirty days after written notice of demand by Lessor, or Lessee has not established a community garden within six months of the date of this Lease Agreement, as determined by Lessor, this Lease Agreement shall terminate automatically, and Lessee agrees that Lessor may pursue Lessor's remedies available at law or in equity. 21. Entire Agreement - This Lease Agreement constitutes the entire understanding between the parties. Any changes or modification of this Lease Agreement must be in writing signed by both parties. 22. Severabilitv - In the event any provision herein shall be finally declared void or illegal by any court or administrative agency having jurisdiction, the remaining provisions shall continue in full force and effect as nearly as possible in accordance with the original intent of the parties. 23. Headings - The headings used in this Lease Agreement are intended for convenience and reference only and do not define, expand, or limit the scope or meaning of any provision of this Lease Agreement. IN WITNESS WHEREOF, the parties have executed this Lease Agreement as of the day and year first written above: ATTEST: Stephanie M. Moon, City Clerk LESSOR: CITY OF ROANOKE, VIRGINIA By Christopher P. Morrill, City Manager LESSEE: ROANOKE COMMUNITY GARDEN ASSOCIATION, INC., a Virginia corporation By (SEAL) Printed Name: T:. _. Approved as to form: Approved as to execution: Assistant City Attorney Assistant City Attorney 12 The Roanoke Times Roanoke, Virginia Affidavit of Publication SHERMAN M STOVALL, ASSISTANT CITY MGR 215 CHURCH AVE SW ROOM 364 ROANOKE, VA 24011 Account Number 601]304 Dale February 12, 2018 Date Category Description Ad Size Total Cost 0211812018 Legal Notices NOTICE OF PUBLIC HEARING The City of Roanoke ( "City ")1 1 x 62 L 352.72 NOTICE OF PUBLIC HEARING Thee ar 8oaooke o'C,,,.I P Cn lease ap Proximately 0.3664 a IIV nwnee moatea t ttn¢ ormeast a or ixtb sreet s. w. Intl ev Clelantl P e. S.W -. N no ke. Virginia ( "Property U), I— ignatetl a Official Tax Community 13 nokc <etl, o be see community arde_ , for of five !) zrs, pommencing Madan t. All l ad etee entities me ri ato n,e m he hears nn mn II.— ,natter. It voo are a Person with a eisatrity vmn needs a moratlons for this lied Plea the Clerk's at (540) e , bebrc t Noon on Thur,.Lf, IIEroary l5. late.00 GIVEN ry d— a y hand III, ]2m day of stephanle M Mnan 8eynnlds. MMC C,ry Clork Ao.a. ) 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: 02/12/2016 The First insertion being given ... 02/12/2018 Newspaper reference: 0000698402 Billing Representative Sworn to and subscribed before me this Monday, February 12, 2018 v if otary Pu tic II /I . Mc -NN,F� r. State of Virginia $: PU6UC City/County of Roanoke : l� r 32g6 4 REG. N3Go = My Commission expires : * Nif SI N My SO _ �:�o_••r7i /41E/19J�_ THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU NOTICE OF PUBLIC HEARING 'The City of Roanoke ( "City ") proposes to lease approximately 0.3664 acres of City - owned property located at the northeast corner of 13a' Street, S. W. and Cleveland Avenue, S.W., Roanoke, Virginia ( "Property "), designated as Official Tax Map No. 1220803, to Roanoke Community Garden Association, Incorporated, to be used as a community garden, for a tern of five (5) years, commencing March 1, 2018. 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 Tuesday, February 20, 2018, commencing at 7:00 p.m., or as soon as the matter may be heard in the Council Chamber, 4" Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. Copies of the proposed Lease Agreement and the proposed ordinance will be available in the City Clerk's Office, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 2401 L. on and after Monday, February 12, 2018. 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, February 15, 2018. GIVEN under my hand this 12th day of February 2018. VII Notice-Leese — Roanoke Community Garden ( 131" & Cleveland) (2 20 18) Stephanie M. Moon Reynolds, MMC City Clerk Note to Publisher: Please publish once in the Roanoke Times, legal notices, on Monday, February 12, 2018 Please send affidavit of publication to: Stephanie M. Moon Reynolds, MMC, City Clerk 4" Floor, Noel C.'faylor Municipal Building 215 Church Avenue, S.W., Room 456 Roanoke, Virginia, 24011 Phone: (540) 853-2541 Send Invoice to: Sherman Stovall, Assistant City Manager for Operations 3r° Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011 Phone: (540) 853-2333 Pit Notice - Lenz — Roanoke Cominunay Garden (U'" & Moveland) (2 - 20.1x) J -- IN THE COUNCIL OF't HE CITY OF ROANOKE, VIRGINIA The 20th day of February, 2018. No. 41068 - 022018. AN ORDINANCE authorizing the conveyance of a permanent sanitary sewer easement, with an approximate width of 20 feet, and two (2) temporary construction easements, with approximate widths of 5 feet each, across City -owned property identified as Official Tax Map No. 4321029, located along Kenwood Boulevard, S.E., Roanoke, Virginia ( "Property "), to the Western Virginia Water Authority ("Authority "), upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. WHEREAS, a public hearing was held February 20, 2018, pursuant to Sections 15.2 - 1800(B) and 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 the proposed vacation of the public utility easement. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized, for and on behalf of the City, to execute the necessary documents providing for the conveyance of a permanent sanitary sewer casement, with an approximate width of 20 feet, and two (2) temporary construction easements, with approximate widths of 5 feet each, across City -owned property identified as Official Tax Map No. 4321029, located along Kenwood Boulevard, S.E., Roanoke, Virginia, to the Authority, and to be installed at the sole cost of the Authority for the purpose of replacing the existing sanitary sewer line, and as more particularly set forth in the City Council Agenda Report dated February 20, 2018. 2. All documents necessary for this conveyance shall be in a form approved by the City Attorney. O- Sma,,, Sewer Le,em, tmWe,arnVAWot,e Ama.r,u TM4321029(220. 18) 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 aCITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: February 20, 2018 Subject: Public Hearing for Western Virginia Water Authority for a New 20 foot Easements along Kenwood Boulevard Background: The Western Virginia Water Authority (WVWA), is requesting a new permanent 20- foot easement to construct, install, improve, operate, inspect, use, maintain, repair or replace a sewer line or lines together with related improvements including slope(s), if applicable (the "Permanent Easement "), and two five foot (S') temporary construction easements to use as a construction staging and laydown area (the "Temporary Easements ") (collectively, the "easements "), together with the right of ingress and egress thereto from a public road, upon, over, under, and across those tracts or parcels of land belonging to the City, acquired by deed dated May 26, 2010, and recorded in the Clerk's Office for Circuit Court of the City of Roanoke, Virginia, as Instrument Number 100004820, and designated on the Land Records as Tax Map No. 4321029 (the "Property "). Recommended Action: Following the public hearing and subject to comments made at the public hearing, authorize the City Manager to execute the Deed of Easement as described above to Western Virginia Water Authority, such easement shall be approved as to form pb-y the City Attorney. -- - - -- --------------- - -- Robert S. owell, Jr. City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Amelia C. Merchant, Director of Finance Robert K. Bengtson, P.E., Director of Public Works Luke E. Pugh, P.E., City Engineer Cassandra L. Turner, Economic Development Specialist V� O I�7 \ r '.I .. 1. { NEW 5' TEMPORARY l CONSTRUCTION EASEMENT I V,o Adoo 0 oV� h�bC+,b Ro �V e V 4 rth,m .Q p3 1 DATE: AD "'0) F�T l we o `e A ��'? o`` _ T I A Q,,r 4` NEW 5 S lEYPO�ARY CCWSTRUCYION 30 INGRESSOECRESS EA T EASEMENT GRANTED THE CITY OF RNA NORE ,RWOX0799 R CI R` EW z o e A-5'5149'\ AT r 20 PU C SANITARY t,. R- 134357 EASEMENT - ° 3 i 68.81 1,007 .F. - 0.0231 AC. g i ^ C- I3Z49 r III o y,TO b F, RIF S 3P33b' E °9 nm ry� fAO. ]9 AJ� �l ,! '�° l I I I � I w GRAYTO T({�� PIA ATON T s W Q rDIF 1661, PG�027 o I o I I TAX J4527029 2 o' CITY OF ROANOKE, ACINIA 1ATNUVENT #190064820 Z i aom I I I j II r 11� APPROx I ENTERUNE OF a ^^ ° I - -EX, SANITARYSEVH ' EXHIBIT °A" EASEMENT J.9. 885, PG 4T1 I EXHIBIT SHOWING NEW i 20' PUBLIC SANITARY N NORFOLK - SOUTHERN/ RAILWAY COMPANY � (k /W vAR1C5) Graphic Scale 0 15' 30' 60' JO'Tect November 16, 2017 30 TeooOe umuro�. SHEET 1 Or p 1 Fu1� N.� I A µCINl1 SEWER EASEMENT & 5' TEMPORARY CONSTRUCTION EASEMENTS BEING GRANTED BY THE CITY OF ROANOKE, VA. TO THE WESTERN VIRGINIA WATER AUTHORITY SITUATED AT THE TERMINUS OF KENWOOD BLVD., SE CITY OF ROANOKE, VIRGINIA LUMSDEN ASSOCIATES, P.C. ENGINEERS- SURVEYORS - PLANNERS ROANOKE, VIRGINIA NEW 20' PUBLIC SANITARY SEVER EASM(ENT LINE TABLE ONE BEARING DISTANCE SI —S2 S 214018' W 23.15' S2 —SJ S 3795'10' E 50.72' SJ —S4 N 199577' E 14.30' S4 —S5 N 32'7425' E B66' S5—SI N 3795'10' W 51,41' AREA = 1,007 SE — 0.02JI AC. NOTES: I. THE PURPOSE OF THIS EXHIBIT IS TO CREA IE A NEW 20' PUBLIC SANITARY SEWER EASEMENT & 5' TEMPORARY CONSIRUC)IQN EASEMENTS AND DOES NOT CONSRNIE A BOUNDARY SURKY. 2 THIS EXHIBIT WAS PREPARED W WOUT THE BENEFIT OF A CURRENT PRE REPORT AND ENCUMBRANCES MAY EXIST MAT AFFECT 7HE SUB.ECT PROPERTY THAT ARE NOT SHOWN HEREON. 3 FOR CLARITY PURPOSES NOT ALL PHYSICAL IMPROKMENTS TO THE SUBECT PROPERTY ARE SHOWN ON THIS EXHIBIT. 4. IRIS EXHIBIT IS BASED ON A CURRENT FXIO SURWY. EXHIBIT "A° EXHIBIT SHOWING NEW 20' PUBLIC SANITARY SEWER EASEMENT & 5' TEMPORARY CONSTRUCTION EASEMENTS BEING GRANTED BY THE CITY OF ROANOKE, VA. TO THE WESTERN VIRGINIA WATER AUTHORITY SITUATED AT THE TERMINUS OF KENW00D BLVD., SE CITY OF ROANOKE, VIRGINIA SCAIE Co.. LARRY I.�THOMAS JR N/2C W, N . o. , 0024.SA No eme 017 LUMSDEN ASSOCIATES, P.C. rvoNe ENGINEERS- SURVEYORS - PLANNERS ROANOKE, VIRGINIA SHEET 2 OF 2 u,i V • R( �,, -� &1 e11 ",11 —1 The Roanoke Times Roanoke, Virginia Affidavit of Publication SHERMAN M STOVALL, ASSISTANT CITY MGR 456 NOEL C. TAYLOR MUNICIPAL BLDG 215 CHURCH AVENUE SW ROANOKE, VA 24011 Account Number 6017304 Date February 12, 2018 Date Category Description Ad Size Total Cost 02/1812018 Legal Notices NOTICE OF PUBLIC HEARING The City of Roanoke( City") I 1 x 64 L 361.84 NOTICE OF PUBLIC NEARING The City or Roanoke P'City'9 proposes 0 .rant a of�1. fee•°` Bran,.. wmin with two a`ie tp—ii, �fe in ieepnnetl o11 �iaco OC tech ooa SOU leran]`s E. nndnpke, v a i °yrrpoly'). t me mnorny t Western onfo meet impend orae: for me A.tnontr t replan the e.,x,nd cape... --e, nne All par n a ... ate and n ,. ro any heard o. thhAnn_ -, ,saner. If eels im a literality t tM C Clerk's Chat " tp 1Isar, 8 , nature 1 Naon ountlerrstl, hard iMSyII111 .y or lon'.. , send_ Stephanie M. moon eeyn ret, enmC City k IrAd C s 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: OYJfplY4.1F1 The First insertion being given ... 02112/2018 Newspaper ref ence: 0000698397 Ni1fg Representative sworn to and subscribed before me this Monday, February 12, 2018 4N.0 ubl' �� •' NOTARY - State of Virginia PLI City/County of Roanoke '� �� ] *:• REG. #33296q My Commission expires 3 ( , LVI / _ c., , h1YCOMMI5510N - O •" EXPIRE C 02a.' NOTICE OF PUBLIC HEARING The City of Roanoke ( "City ") proposes to grant a permanent sanitary sewer easement with an approximate width of 20 feet and two (2) temporary construction easements with approximate widths of 5 feet each, across City -owned property identified as Official Tax Map No. 4321029, located along Kenwood Boulevard, S.E., Roanoke, Virginia ( "Property "), to the Western Virginia Water Authority ( "Authority"), at the Authority's request in order for the Authority to replace the existing sanitary sewer line. 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 Tuesday, February 20, 2018, commencing at 7:00 p.m., or as soon as the matter may be heard, in the Council Chamber, 41h Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. Copies of the proposed Easement Agreement and the proposed ordinance will be available in the City Clerk's Office, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011, on and after Monday, February 12, 2018. 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, February 15, 2018. GIVEN under my hand this 12th day of February 2018. PH Notiu Favemcnt to Westcou VA Water Authority (220.18) Stephanie M. Moon Reynolds, MMC City Clerk Note to Publisher: Please publish once in the Roanoke Times, legal notices, on Monday, February 12, 2018 Please send affidavit of publication to: Stephanie M. Moon Reynolds, MMC, City Clerk 4" Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 456 Roanoke, Virginia, 24011 Phone: (540) 853-2541 Send Invoice to: Sherman Stovall, Assistant City Manager for Operations 3" Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011 Phone: (540) 853 -2333 P11 Notic6Easenleal to Weslem VA Water Authority (2.20.18)