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HomeMy WebLinkAboutCouncil Actions 11-18-24 SANCHEZ-JONES 43094-111824 City of Roanoke, Virginia WW4N1 CITY COUNCIL IOW November 18 2024 ROANOKE 2:00 PM City Council Chamber 215 Church Avenue, SW AGENDA The City of Roanoke is a safe, caring and economically vibrant community in which to live, learn, work, play and prosper. A vibrant urban center with strong neighborhoods set amongst the spectacular beauty of Virginia's Blue Ridge. NOTICE: Council meetings will be televised live and replayed on RVTV Channel 3 on Thursdays at 7:00 pm, and Saturdays from 10:00 am to 5:00 pm; and video streamed through Facebook Live at facebook.com/RoanokeVa. Council meetings are offered with closed captioning for the deaf or hard of hearing. 1. CALL TO ORDER - ROLL CALL. All Present. The Invocation was delivered by Mayor Sherman P. Lea, Sr. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Sherman P. Lea, Sr. Welcome ANNOUNCEMENTS: 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: Department of Social Services and Fire-EMS acknowledgment Fire-EMS Chief Hoback and Gwen Coleman, Director, Human Services shared details of a recent incident in which their teams worked together to achieve a positive outcome for seven children who needed evacuation and care. 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. Laura Hartman, representing BRAGG, appeared before the Council and expressed gratitude for the Council's attendance at recent events and urged the Council to reach out to the Roanoke County administrators to engage bus service participation. 4. CONSENT AGENDA: APPROVED (7-0) All matters listed under the Consent Agenda are considered to be routine by the Members of City Council and will be enacted by one motion. There will be no separate discussion of the items. If discussion is desired, the item will be removed from the Consent Agenda and considered separately. C-1. Minutes of the regular meeting of City Council held on Monday, November 4, 2024. RECOMMENDED ACTION: Dispensed with the reading the minutes and approved as recorded. C-2. A communication from Council Member Patricia White-Boyd, Chair, City Council Personnel Committee, requesting that the Council convene in a Closed Meeting to discuss a personnel matter, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C-3. A communication from the City Attorney requesting a closed meeting for the purpose of discussing disposition of publicly owned property where discussion in an open meeting would adversely affect the bargaining position or 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. C-4. Reports of qualification of the following individuals: Fred Greear, Ill, as a member of the Board of Trustees, City of Roanoke Pension Plan to replace Gregory Feldmann for a three-year term of office ending June 30, 2027; Stacie Wright as a member of the Human Services Advisory Board to fill the unexpired term of office of Siclinda Canty-Elliott ending November 30, 2026; and James Settle as a member of the City Planning Commission to replace Karri Atwood for a four-year term of office commencing January 1, 2025 and ending December 31, 2028. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA: 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: Just Serve Initiative - Stacy Reece, Communication Director, Roanoke Virginia Stake, The Church of Jesus Christ of Latter-day Saints - 10 minutes (Sponsored by Mayor Lea) Received and filed. 7. REPORTS OF CITY OFFICERS: INTERIM CITY MANAGER: BRIEFING: Monthly Finance Budget Report for October 2024 -'Margaret Lindsey - 15 minutes ITEMS RECOMMENDED FOR ACTION: A. Execution of amendments to the contract with Allegheny Construction Company, Inc., for the Tinker Creek Greenway construction contract quantity adjustments. Adopted Resolution No. 43094-111824. (7-0) B. Acceptance of the FY 2024 Bulletproof Vest Partnership Grant Award from the United States Department of Justice. • Adopted Ordinance No. 43095-111824. (7-0) C. Acceptance of$770,000 in Grant Funds from the U.S. Department of Transportation Build America Bureau for the Innovative Finance and Asset Concession Grant Program. Adopted Resolution No. 43096-111824. (7-0) COMMENTS OF THE INTERIM CITY MANAGER. The Deputy City Manager offered the following comments: 75th Birthday of the Mill Mountain Star Everyone mark your calendars— Saturday, November 23, 2024, is the 75th birthday of Mill Mountain Star. At 10 AM at the main observation area by the Star, there will be cupcakes, and Star crafts, and the first 75 people will receive a sunspree. There is a 75th Anniversary Hike to the Star event planned that day for 9 AM. The hikers or any bikers to the event will get a small Roanoke bike light. Residential Forum The Roanoke Police Department and DRI will be holding a residential forum on this Wednesday, November 20, 2024, at 6 pm to discuss public safety with the community. The forum will be held at the City Market Building. Dinner will be served and they are asking for RSVPs. If any of you would like to confirm your attendance, please let me know and I'll let RPD know quickly. Small Business Saturday Since the Greater Roanoke and New River Valley Small Business Development Center falls under the City of Roanoke now, I would like to highlight Small Business Saturday in this platform. As you know, American Express founded Small Business Saturday in 2010 to help small business owners, specifically in Wasena, those impacted by the bridge replacement and our downtown businesses. This is the 15th year. Remember to shop local, but specifically on Saturday, November 30th. CITY ATTORNEY: NONE 8. REPORTS OF COMMITTEES: Presentation of the Proposed 2024 Legislative Program. Council Member Patricia White-Boyd, Chair, Legislative Committee Adopted Resolution No. 43097-111824. (7-0) Comments on certain Authorities, Boards, Committees and Commissions in which City Council serve as liaisons or appointees Vice-Mayor Cobb provided an update on GRTC matters, stating that progress continued to be made on the Walmart project; ridership increased by 900 rides on fare free days; and K and.W Ladies were able to reinstate lunch dates by using the Metroflex service. 9. UNFINISHED BUSINESS: NONE 10. INTRODUCTION AND CONSIDERATION OF.ORDINANCES AND RESOLUTIONS: NONE 11. MOTIONS AND MISCELLANEOUS BUSINESS: Inquiries and/or comments by the Mayor and Members of City Council. Council Member Volosin advised that the National League of Cities Conference he attended along with Council Members Sanchez-Jones, Moon Reynolds and White-Boyd was a very positive event. Eight delegates from Roanoke City Public Schools attended offering an opportunity for youth to learn about government; and Mr. Volosin was awarded the 40 Under 40 Impact Award for Elected Officials from the NLC. Mayor Lea announced the CIAA event held on November 16-17, 2024, was -great and recognized Council Member-Elect Nick Hagen who was in attendance. Vacancies on certain authorities, boards, commissions and committees appointed by Council. None 12. RECESSED - 3:15 pm. THE COUNCIL MEETING WILL STAND IN RECESS; AND THEREAFTER RECONVENE AT 7:00 pm, IN THE COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING. City of Roanoke, Virginia CITY COUNCIL WOZ 7:00 PM ROAN O KE City Council Chamber - 215 Church Avenue, S.W. 13. CALL TO ORDER - ROLL CALL. All present. The. Invocation was delivered by The Reverend Jen Raffensperger,- Unitarian Universalist Church of Roanoke. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Sherman P. Lea, Sr. Welcome CERTIFICATION OF CLOSED MEETING (7-0) 14. PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE 15. PUBLIC HEARINGS: 1. Request of Maisey's Metropolis, LLC, to repeal conditions proffered as part of a previous rezoning at 0 Brandon Avenue, SW, Official Tax Map No. 5200119, and to rezone 0 and 0 Brandon Avenue, SW, Official Tax Map Nos. 5200119 and 5200115, respectively, from CG, Commercial-General District, with • conditions, and MX, Mixed Use District, to CG, Commercial-General District, with conditions. Ben Crew, Agent, Spokesperson. Adopted Ordinance No. 43098-111824. (7-0) 2. Request of Virginia Lutheran Homes, Inc., to amend conditions proffered as part of a zoning amendment at 3804 Brandon Avenue, SW, Official Tax Map No. 5180304, previously accepted by City Council on July 20, 2015, by the adoption of Ordinance No. 40303-072015. Jon Puvak, Agent, Spokesperson. Adopted Ordinance No. 43099-111824. (7-0) 3. Enterprise Zone Boundary Amendments. Adopted Ordinance No. 43100-111824. (7-0) 4. Tax Exemption Request for Personal Property Owned by Wellness Wagon Adopted Ordinance No. 43101-111824. (7-0) 5. Tax Exemption Request of Real Property Owned by Good Samaritan Hospice, Incorporated Adopted Ordinance No. 43102-111824. (7-0) 16. UNFINISHED BUSINESS: Request for Sale of a City-Owned Vacant Lot located at 801 Franklin Road, SW (Official Tax Map Number 1020716). Adopted Ordinance No. 43103-111824. (7-0) 17. HEARING OF CITIZENS UPON PUBLIC MATTERS: City Council sets this time as a priority for citizens to be heard. If deemed appropriate, matters will be referred to the City Manager for response, recommendation or report to the Council. Clarence Barber, 1044 Pail Avenue, SW, appeared before the Council and spoke with regard to renter/tenant rights. Council Member Volosin moved to place House Bill 721 and Senate Bill 366 on the Legislative Agenda presenting to the City's delegation of the General Assembly; authorizing the City's liaison to advocate the position of the City. The motion seconded by Vice-Mayor Cobb and adopted by an unanimous vote. RECESSED - 8:05 pm. The City Council meeting will be'declared in recess to meet in,Closed Session for the sole purpose of interviewing prospective candidates for the position of City Manager. Such Closed Meeting will be held at an undisclosed location within 15 days after this announcement, and vote on the motion for Closed Meeting as permitted by Subsection (b) of Section 2.2-3712, Code of Virginia (1950), as amended. 5,u� ; CITY OF ROANOKE r F° CITY COUNCIL �' ' * ;y�a° 215 Church Avenue,S.W.,Suite 456I N. 91 a Roanoke,Virginia 24011-1536 atit� Telephone: (540)853-2541 Fax: (540)853-1145 SHERMAN P.LEA,SR. E-mail: clerk@roanokeva.gov Members Mayor Joseph L.Cobb Beverly T.Fitzpatrick,Jr. Stephanie Moon Reynolds Vivian Sanchez-Jones Peter J.Volosin Patricia White-Boyd November 18, 2024 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Lea and Members of Council: I wish to request that Council convene in a closed meeting to discuss a personnel matter, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. Sincerely, SA-4.: -61:M0erct Patricia White-Boyd, Chair City Council Personnel Committee PWB:ctw PMZI ROANOKE Office of the City Attorney To: Honorable Mayor and Members of the City Council Subject: A communication from the City Attorney requesting a closed meeting for the purpose of discussing disposition of publicly owned property where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2- 3711 (A)(3), Code of Virginia (1950), as amended. The City Attorney requests a closed meeting for the purpose of discussing disposition of publicly owned property where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2- 3711.(A)(3), Code of Virginia (1950), as amended. Timothy Spencer, City Attorney R cam -° 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 CECELIA F.MCCOY,CMC E-mail: clerk@roanokeva.gov CECELIA T.WEBB,CMC City Clerk Deputy City Clerk RUTH VISUETE PEREZ Assistant Deputy City Clerk November 19, 2024 Harold Harless Board Secretary Roanoke, Virginia Dear Mr. Harless: This is to advise you that Fred Greear, Ill, has qualified as a member of the Board of Trustees, City of Roanoke Pension Plan to replace Gregory Feldmann fora three-year term of office ending June 30, 2027. Sincerely, (.02e-di Cecelia F. McCoy, CMC City Clerk Oath or Affirmation of Office • Commonwealth of Virginia, City of Roanoke, to-wit: • I, Fred Greear, III, do solemnly swear(or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Board of Trustees, City of Roanoke Pension Plan to replace Gregory Feldmann for a three-year term of office ending June 30, 2027; according to the best of my ability. (So help me God.) � PAZeik FRED GREEAR, III The foregoing oath of office was taken, sworn to, and subscribed before me by Fred Greear, III, this VJ4- day of Oavb-f` 2024. Brenda S. Hamilton, Clerk of the Circuit Court By ) 4, , Clerk Pfets, CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 liziec Telephone: (540)853-2541 Fax: (540)853-1145 CECELIA F.MCCOY,CMC E-mail: clerk@roanokeva.gov CECELIA T.WEBB,CMC City Clerk Deputy City Clerk RUTH VISUETE PEREZ Assistant Deputy City Clerk November 19, 2024 Emily Clark Board Secretary Roanoke, Virginia Dear Ms. Clark: This is to advise you that James Settle has qualified as a member of the City Planning Commission to replace Karri Atwood for a four-year term of office commencing January 1, 2025 and ending December 31, 2028. Sincerely, ete.zi-c; Y72-6d1 Cecelia F. McCoy, CMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: • I, James Settle, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the City Planning Commission to replace Karri Atwood for a four-year term of office commencing January 1, 2025 and ending December 31, 2028; according to the best of my ability. (So help me God.) JAMES SETTLE The foregoing oath of office was taken, sworn to, and subscribed before me by James Settle this p 1 day of VloOcVbvt 2024. Brenda S. Hamilton, Clerk of the Circuit Court B ��J Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 Z_r 1 Telephone: (540)853-2541 Fax: (540)853-1145 CECELIA F.MCCOY,CMC E-mail: clerk@roanokeva.gov CECELIA T.WEBB,CMC City Clerk Deputy City Clerk RUTH VISUETE PEREZ Assistant Deputy City Clerk November 19, 2024 Jennifer Sorrels Board Secretary Roanoke, Virginia Dear Ms. Sorrels: This is to advise you that Stacie Wright has qualified as a member of the Human Services Advisory Board to fill the unexpired term of office of Siclinda Canty-Elliott ending November 30, 2026. Sincerely, CO2e442/ Cecelia F. McCoy, CMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Stacie Wright, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Human Services Advisory Board to fill the unexpired term of office of Siclinda Canty-Elliott ending November 30, 2026, according to the best of my ability. (So help me God.) TALI W The foregoing oath of office was taken, sworn to, and subscribed before me by Stacie Wright this gc-7 day of 06 2024. Brenda S. ' on, Clerk of the Circuit Court , B ' 1,4,C �, Clerk if/c.,‘ 9 .,,‘ o CITY OF ROANOKE , : 'w`: `. .5 - CITY COUNCIL t A+ may_ 215 Church Avenue,S.W.,Suite 456 1 �•_ Roanoke,Virginia 24011-153617;,`2 Telephone: (540)853-2541 xx^ Fax: (540)853-1145 SHERMAN P.LEA,SR. E-mail: clerk@roanokeva.gov Council Members Mayor Joseph L.Cobb Beverly T.Fitzpatrick,Jr. Stephanie Moon Reynolds Vivian Sanchez-Jones Peter J.Volosin Patricia White-Boyd November 18, 2024 The Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Members of Council: I am sponsoring a presentation by Stacy Reece, Communication Director, Roanoke Virginia Stake, The Church of Jesus Christ of Latter-day Saints, to present information with regard to the Just Serve initiative, at the regular meeting of City Council to be held on Monday, November 18, 2024, at 2:00 p.m. Sincerely, Sherman P. Lea, Sr. Mayor SPL:ctw - i , f II y The Church Roanoke , Virginia ofJesus Christ 1 of Latter-day Saints Leading with Service Roanoke Church History Feeding the Hungry 1840: First presence in Virginia - The Church partners with local food banks,pantries,and other organizations to Jedediah Grant and his brother Joshua help feed those in need. Church members also dedicate time to serving in their came as missionaries, forming a small local communities. In 2023,1.6 million pounds of food were donated. Feeding congregation. Southwest Virginia received 480,000 pounds of that food in protein(the largest 1888: First converts were baptized in such donation in its history)which was distributed to families across Southwest the Roanoke area and the Back Creek Virginia. congregation established. JustServe 1913: First congregation was formed in The JustServe website facilitates collaboration within the community by Roanoke City. connecting organizations in need of volunteer service with individuals and 1950: First chapel built in Roanoke at groups who have a desire to serve.As individuals work together to accomplish the intersection of Brandon and Grandin a common goal, greater unity and understanding is fostered and participants Avenues. This building was later sold to experience the joy of service. To date, over 360 organizations in Virginia have the Unitarian Universalist Church. used JustServe to find volunteers for over 2,400 projects. 1970: The Roanoke Virginia Stake was organized and comprised of 13 Genealogy and FamilySearch congregations. To preserve family history records for future generations, the Church has 1977: The Roanoke Virginia Stake partnered with the Library of Virginia to record burial records.All community building on Wayburn Avenue, Salem, is citizens have access to over 15 free premium genealogy sites by visiting the dedicated and is one of 8 buildings FamilySearch Center located in the Wayburn Chapel and other buildings currently in use in the Roanoke region. throughout the area. 2023: A Temple is announced for the Roanoke region. Church Leaders in Roanoke, Virginia Virginia Church Highlights , eib 97,449: Church members in Virginia ; a 215: Congregations in the state ,\ . 3: Temples: Richmond (dedicated in 2023);Winchester(announced), Roanokef r (announced) g I I� 480: Volunteer full-time missionaries Relief Society Presidency Stake Presidency (men and women ages 18-25) serving in Shauna Boggus,Dana Lusk,Andrea Simmons Dan Dutton,Hani Shabana,Jon Lubeck Virginia 1st Counselor,President,2nd Counselor 1st Counselor,President,2nd Counselor �, ' ,; ,y s s xf+s `' 4.,, CG ; ' i N 1 1 iii A q ,, tI1' 6 3 O �� i -., �4 mow..�.. A r f M (( f Becoming Christlike "Each day, ours is the challenge to access the power of the World Church Hiohlinhtc Atonement so that we can truly change, become more 17,255,39: Church Membership Christlike and qualify for the gift of exaltation and live eternally with God, Jesus Christ and our families." 31,490: Local Congregations "The two great commandments can guide us: first, to love God 188: Published Languages and, second, to love our neighbor. We show our love by serving." 67,871: Full Time Teaching -Russell M.Nelson, Church President Missionaries Contact Information 27.801 Senior Service Stacy Reece Missionaries Communication Director,Roanoke Virginia Stake 1-540-309-5461 Young Service Missionaries streece@comm.churchofjesuschrist.org Countries receiving P Humanitarian Aid Jan-Erik Jones Communication Director,Coordinating Council 1-540-462-7732 5,704: FamilySearch Centers je.jones@svu.edu Universities & Colleges Online Certificate & Degree For more information about the Church,visit: Program Newsroom.ChurchofJesusChrist.org The official resource for news media,opinion leaders,and the public. 350: Temples in operation. under ChurchofJesusChrist.org construction, or announced Official website of the Church. 100: Home Storage Centers RoanokeStake.com providing food and goods for those in Information about the Church in the Roanoke region. need JustServe.org Building unity through community service. FamilySearch.org The largest genealogy organization in the world,connecting families through a free database. COMMUNITY RESOURCES The Church of Jesus Christ of Latter-day Saints provides the following resources. FREE ONLINE RESOURCES JustServe FamilySearch Mental Health JustServe.org is a website that FamilySearch is an interna- Mental health challenges can helps people find opportunities tional, nonprofit organization impact anyone, regardless of to serve in the community.Orga- dedicated to helping all people education,geography,faith, nizations post volunteer needs, discover their family story. Find or family.They are nothing to people serve,and the quality a FamilySearch center near you be ashamed of and should be of life in communities 2 •F,El to jump-start your Ei .- j met with love. Find CI:.,,.:.;i p improves. Find an family history journey. 'r help and support ip,,:%4•.. okmiefi o • . ,;- opportunity near you. El;..,_� V r; resources. 0K • SCAN/CLICK SCAN/CLICK SCAN/CLICK FREE COURSES. CONTACT A CHURCH REPRESENTATIVE FOR LOCAL AVAILABILITY. Self-Reliance EnglishConnect Addiction Recovery Self-reliance courses combine EnglishConnect classes help People struggling with addiction practical skills with spiritual people develop English skills in or problematic behaviors may principles to help improve lives. an environment of fellowship feel trapped and fear they will Courses focus on emotional and faith. Developing English never be free.Discover support heath,employment,education, proficiency can expand opportu- and hope by attending a recovery personal finances and Ei :0 nities for employment, 0 (] support group r;,v p starting and growing ;,: education,service, + : meeting. Find one - „�. ' a business. 0 *o and friendship. 0, ,o in your area. 0'�. 'o SCAN/CLICK SCAN/CLICK SCAN/CLICK 3a SUBSIDIZED COLLEGE EDUCATION CARING FOR THOSE IN NEED BYU-Pathway Annual Report BYU-Pathway Worldwide We follow Jesus Christ's call to is improves access to higher feed the hungry,give drink to 0 education with tuition rates that the thirsty,take in the stranger, are significantly lower than most clothe the naked,and visit the other colleges.Students from sick and afflicted. Discover \ '' more than 180 coun- . , how the Church and Di= r;� �•4 24.! tries earn certificates I its members seek to and degrees annually. l7 r� :o i care for those in need. Eirto SCAN/CLICK SCAN/CLICK a ter/ THE CHURCH OF T. JESUS CHRIST OF LATTER-DAY SAINTS 1 I Community Resources e DISCOVER oti JUSTSERVE FOR YOUR ORGANIZATION What is JustServe? JustServe is a movement that helps organizations find the volunteers they need to accomplish their work,ranging from recurring projects to disaster relief efforts.At JustServe,we believe in the power of volunteerism to build unity in the community.Join a community of volunteers who are already changing the world. How Does It Work? Quick JustServe Facts JustServe is a movement enabled by a free web and mobile platform that helps community organizations find volunteers,saving the organization �U ©3(69. ) Number of volunteers that have signed up on JustServe time and resources. uo 0 since its creation in 2012 Number of projects that have E been posted on JustServe -- since 2012. 4111V, :Its. AMNIA -o II 217 - od o,' ORGANIZATIONS SPECIALISTS VOLUNTEERS t Organizations doing good Our army of volunteer Volunteers can quickly ��p U O 0 G��I�O0 i 2 @ON- in their communities list specialists help organizations find and get involved with o L J 'J volunteer needs on JustServe. in their communities post projects in their area that org and connect with people projects on JustServe to find meet their interests and fit willing to help. willing volunteers. into their schedules. Average number of Average number of new Partnering new volunteers each year projects each year Organizations JustServe's Impact JustServe is currently available in multiple countries and languages.Whether your organization is big or small,whatever your volunteer needs,JustServe can help meet them. PORTSMOUTH,ENGLAND ' � JustServe volunteers worked with a local t organization to collect nearly 1.000 used QUEENSLAND, chip packets that are AUSTRALIA ALBERTA,CANADA ironed into"blankets" Volunteers joined More than 20 for people experiencing the Brisbane Basket homelessness to lay under wrap, Brigade topack, volunteers hosted a g game night for recent belongings to keep them and deliver 1,200 immigrants to help UTAH,USA dry. baskets of food and toys for families in need. them learn English JustServe partnered with and make personal local hospital systems connections. on Project Protect,which led to more than 57,000 9 / volunteers sewing 5 million masks for medical workers fighting COVID-19. How Can JustServe Help You? Join the JustServe movement. Follow us on social media ❑ El To list a project,visit JustServe.org and click on"Submit a Project"in the bottom Itl ,_ CD O right-hand corner.To volunteer yourself,just visit JustServe.org and register for a O ❑ Fry B free account and experience the benefits of service wherever you are. Download - • The App 02021 by Intellectual Reserve,Inc.At rights reserved.Version:5/21.PD60012431 000.Printed in the United States of America © JUSTSERVE t s u- 14I*or. ' ' ', 1.•'at''"Ati 1 s st r i� ' f} t P I If .i 4. t Iii. 4 ,, ,- - . '- . .. ..,-- , , i es ( : , - - .,,, ti v. ' 1 I , v ., ,i, ..-, • I _ , . . .I. _ ' A Gift to Communities When your faith, nonprofit, community, or governmental JustServe.org reduces the time needed for volunteers to organization is looking for meaningful ways to involve find meaningful service opportunities and allows more time employees or members in service to the community, to give service. It helps your organization get involved in there is no need to look further than JustServe.org, the community and allows employees or group members a free community resource. to select service opportunities that are a perfect fit for themselves, their family, or your organization. The JustServe.org website is used by organizations to post service opportunities and publicize their needs. Volunteers can search for service opportunities that meet their interests, skills, and availability. How to sign up How to serve How to submit service projects 1. Visit JustServe.org or the 1. Visit JustServe.org or the Visit JustServe.org, select "Submit a JustServe app. JustServe app. Project," and provide the necessary information. The proposed project will 2. Select "Sign in/Register" and 2. Search for a project by location, or be reviewed and, following approval, create an account, or register with apply advanced search filters. posted on the website. your Facebook account. 3. Volunteer for your desired project. 3. Confirm your registration by responding to an email sent from JustServe.org. VISIT JUSTSERVE.ORG OR DOWNLOAD THE APP TODAY! Download on the GET IT ON S App Store Google Play JustServe.org is provided as a service by The Church of Jesus Christ of Latter-day Saints. ©2019 by Intellectual Reserve,Inc.All rights reserved.PD60007149 JOIN THE MOVEMENT VOLUNTEER WITH © JUSTSERVE What is JustServe? JustServe helps you build your community and experience the benefits of serving others.JustServe does the work of researching organizations, finding service projects,coordinating schedules,and bringing local service projects to your fingertips.All you have to do is register to join a community of volunteers who are already changing the world. How Does It Work? Why Register? JustServe is a movement enabled by a web and mobile platform that takes the Studies have shown that volunteerism increases guesswork out of volunteering.Join our community to find meaningful service feelings of hope,gratitude,and self-esteem in opportunities and be an agent for good. teens,and it can improve overall well-being and longevity for older adults.Serving also allows you to develop new skills,meet new people,and expand your perspective. Become one of JustServe's first one million o®o volunteers and be able to: 0 0 0 W,,fgt, Tl. Q_ tl�rh Quickly and easily find service opportunities L1 that interest you and fit your schedule © Serve where you're most needed by signing up for specific time slots through JustServe • Opt in to help with disaster relief when your ORGANIZATIONS SPECIALISTS VOLUNTEERS particular skills or experience are needed Organizations doing Our volunteer specialists Volunteers can quickly good in their communities contact organizations and find and get involved with Eventuallytrack service hours through list volunteer needs on help them post projects on projects in their area and your g JustServe.org and connect JustServe so volunteers make a difference in their future product updates with people willing to help can easily get involved. community. Volunteer Voices When we serve others,our own lives are improved.JustServe helps you experience the benefits of service no matter where you live or what your availability is. r �. "" j . r '-- r ,11167 : rff N 7 ftj r Avenue ' i 3 . E-. is ... .vane ` ��. - . :� RACHEL cALIFV RIvlA.ulv,1 ci c i A'TES OSAZEE ONTARIO,CANADA JILL ALABAMA,UNITED STATES Rachel started a service project to help foster After moving to Canada from Nigeria, Jill Norris has been taking her children to kids celebrate their birthdays with gifts,cards, Osazee wanted to serve in the community. serve the homeless community in Birmingham and party supplies. Using JustServe,he found an opportunity for the past four years. at Variety Village helping children with "There are so many people in the world disabilities through sports,fitness,and skills "The kids love passing out the food,talking that need help,and I've realized that I have development.His service helped him learn with other volunteers,transporting buckets, a lot to offer and I've seen I can make a about the Canadian culture and led to him and talking with our homeless friends." difference." gaining full-time employment. Join Us Follow us on social media 0 :z. CI the movement and experience the benefits of service wherever you are. '• r'i: . Visit JustServe.org or download the app to register now,connect with O O O — j5- o others in meaningful ways,and help make your community a better place. Download ❑ The App 0 2021 by Intellectual Reserve,Inc.All rights reserved.PD60012842 ,ter. t= t 3 SF •"' # _ 4,0 r 6 n � " .. /114111 :7, t fix. English LEARN ENGLISH AND FOSTER FAITH Develop English skills in an environment of fellowship and faith English English English BYU Connect' Connect2 Connect3 PATH WAY WORLDWIDE • BASIC ENGLISH INTERMEDIATE ENGLISH Purpose: Help learners develop basic English Purpose: Develop Purpose: Provides conversation skills academic and workplace access to spiritually English skills based degrees Components:Gospel-centered curriculum and completely online at personal study resources with weekly conversation Components: an affordable price. groups led by local volunteers Gospel-centered curriculum,self-paced Components:Online Requirements: Read and write in native language, practice activities(online), courses with student- read basic English words,ages 11+ and conversation groups led weekly gatherings led by BYU-Pathway service missionaries Requirements: Pass an English language Requirements: Pass assessment an English language assessment Visit EnglishConnect 1 and 2 are avaiiahle for free and taught by volunteers from The Church of Jesus Christ of Latter-day Saints. EnglishConnect does not provide university credit. THE CHURCH OF Learn more at -) /) c i);.) .rJ ,- JESUS CHRIST OF LATTER-DAY SAINTS CITY OF ROANO KE EQUITY. COMMUNITY. EMPOWERMENT. .. ._ v-w_`-armi4 1.1 vw yj.wvn I _ 4 � FY 2025 October Monthly Budget Report November 18, 2024 City of Roanoke -�� ', Department of Finance Revenue Summary RQA N OK r October 2024 (Unaudited) FY24 Actual YTD FY 25 FY25 (Prior Year Adopted Current Budget Council Budget, May With FY25 % of Budget Report) 2024 Amendments Actual YTD Achieved General Property Taxes $ 60,202,185 i $ 165,570,000 $ 165,570,000 I $ 66,013,740 39.9% Real Estate Tax 57,425,961 122,220,000 122,220,000 62,638,769 51.3% Real Estate Tax District 544,435 1,151,000 1,151,000 564,718 49.1% Personal Property Tax 1,631,957 32,755,000 32,755,000 1,922,572 5.9% Public Service Tax - 6,264,000 6,264,000 - 0.0% Penalties and Interest 599,832 3,180,000 3,180,000 887,681 27.9% Other Local Taxes I $ 15,712,324 $ 98,123,000 $ 98,123,000 I $ 17,421,872 17.8% Sales Tax 1% 4,811,378 29,862,000 29,862,000 5,106,480 17.1% Consumer Utility Tax 1,918,667 8,983,000 8,983,000 2,604,202 29.0% Cigarette Tax 510,353 1,452,000 1,452,000 639,900 44.1% Recordation and Probate Taxes 313,223 1,701,000 1,701,000 349,154 20.5% Business & Occupational Licenses 330,101 17,412,000 17,412,000 513,024 2.9% Franchise Fees 51,100 400,000 400,000 58,921 14.7% Transient Occupancy 1,444,739 5,825,000 5,825,000 1,481,281 25.4% Motor Vehicle License 256,858 2,979,000 2,979,000 262,920 8.8% Admissions 213,992 1,097,000 1,097,000 293,301 26.7% Prepared Foods and Beverage 5,118,905 22,250,000 22,250,000 5,333,654 24.0% Bank Stock Taxes - 1,842,000 1,842,000 7,971 0.4% Communications Tax 743,008 4,320,000 4,320,000 771,064 17.8% LOCAL TAX TOTAL $ 75,914,509 $ 263,693,000 _$ 263,693,000 I $ 83,435,612 31.6% Permits, Fees, and Licences 888,474 I 2,496,000 2,496,000 705,411 28.3% Fines and Forfeitures 164,191 717,000 717,000 134,894 18.8% Revenue From Use of Money & Property 1,188,806 1,750,000 1,750,000 1,205,015 68.9% Grants-in-Aid Commonwealth 17,380,215 88,888,000 90,103,339 9,467,269 10.5%. Grants-In-Aid Federal Government - - - - N/A Charges for Services 4,189,294 20,503,000 20,503,000 3,886,615 19.0% Miscellaneous Revenue 215,630 851,000 851,000 248,744 29.2% Operating 342,966 38,000 38,000 10,539 27.7% Non-Operating - - - - N/A Miscellaneous - 170,000i 170,000_1 L. 84,005_1 I 49.4% NON-LOCAL TAX TOTAL 24,369,576 115,413,000 I 116,628,339 I L 15,742,492 1 13.5% GRAND TOTAL ,,, .!.4',„; �a 85 379,106,000 380,321,339 99,178,104 26.1% City of Roanoke 1Department of Finance AMO Expenditure Summary ROANOKE 0ctober2024(Unaudited) FY24 FY25 FY25 FY25 % of Target Adopted Budget, Current Budget With 4 Months Actual YTD May 2024 Amendments Actual YTD Budget 8.3%/mo Non-Departmental $ 39,537,043 $ 137,189,321 $ 139,589,602 $ 42,955,567 30.8% 33,3% Public Safety 31,055,261 84,850,152 88,839,655 30,734,903 34,6% 33,3% Health and Welfare 13,411,220 49,285,841 49,327,261 16,615,788 33.7% 33.3% Public Works 18,163,096 36,790,410 30,405,896 8,346,892 27.5% 33.3% General Government 13,319,314 32,093,188 42,704,913 13,442,130 31.5% 33,3% Parks, Recreation and Cultural 3,749,105 13,083,112 11,363,086 3,613,207 31,8% 33.3% Community Development 3,488,068 13,753,278 11,037,933 4,161,542 37.7% 33.3% Judicial Administration 3,553,366 12,060,698 12,094,415 4,174,149 34.5% 33.3% Total General Fund Expenditures $ 126,276,473 $ 379,106,000 $ 385,392,691 $ 124,044,178 32,2% 33.3% Follow up to Prior Month Council Member Questions ! IN THE COUNCIL OF THE CITY OF ROANOKE,VIRGINIA The 18th day of November 2024. No. 43094-111824. A RESOLUTION authorizing the Interim City Manager's or designee's, issuance and execution of a contract amendment to the City's contract with Allegheny Construction Company, Inc. for additional work on the Tinker Creek Greenway Construction project; and authorizing the Interim City Manager or designee to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of such contract, as amended. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The Interim City Manager or designee is hereby authorized, for and on behalf of the City, to issue and execute changes as may be necessary to the City's contract with Allegheny Construction Company, Inc., in an amount not to exceed $123,741.88, for pavement markings, site furnishings, drainage improvements, and quantity adjustments for the Tinker Creek Greenway Construction project from 13th Street, N.W. to Mason's Mill, N.W., all as more fully set forth in the City Manager's Report dated November 18, 2024. 2. The form of such contract amendment shall be approved by the City Attorney. 3. The Interim City Manager or designee is further authorized to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of the Contract, as amended. Such documents shall be approved as to form by the City Attorney. ATTEST: • City Clerk. 4; City Manager's Report irdillay NNW Submitted by: Ross Campbell, PE, Director Department of Public Works ROANOKE November 18, 2024 Title: Execution of amendments to the contract with Allegheny Construction Company, Inc., for the Tinker Creek Greenway construction contract quantity adjustments. Background: The City has successfully secured federal funding, with oversight from the Virginia Department of Transportation (VDOT), for the construction of the Tinker Creek greenway from 13th Street, NW to Mason's Mill. A construction contract valued at $3,248,595 was awarded to Allegheny Construction Company, Inc., with a Notice to Proceed issued on June 6, 2022. Substantial completion was achieved on September 5, 2024. On September 5, 2023, Resolution No. 42756-090523 was executed for the relocation of a water line under Tinker Creek, totaling $959,400, as documented in the City Council Agenda Report. This relocation was necessary due to a conflict discovered during construction with the greenway trail. Considerations: The City Engineering Division has requested additional work valued at $123,741.88, which includes pavement markings, site furnishings, drainage improvements, and quantity adjustments. VDOT has approved this work for reimbursement. Recommended Action: 1. Authorize the Interim City Manager, or designee, to execute amendments to the contract with Allegheny Construction Company, Inc., in the amount of $123,741.88, for the completion of construction, as approved by the City Attorney. 2. Authorize the Interim City Manager, or designee, to take necessary actions and execute any documents required for the implementation, administration, and enforcement of these contract amendments with Allegheny Construction Company, Inc. c)ZietAi; Lydia Patton, Interim City Manager IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of November 2024. No. 43095-111824. AN ORDINANCE authorizing acceptance of the FY2024 Bulletproof Vest Partnership Grant made to the City of Roanoke by the United States Department of Justice, authorizing the Interim City Manager or designee to execute, and file appropriate documents to obtain such funds; and dispensing with the second reading of this Ordinance by title. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager or designee is hereby authorized on behalf of the City to accept from the United States Department of Justice, the FY2024 Bulletproof Vest Partnership Grant in the amount of $50,135, whereby the Police Department was awarded $33,135 to purchase 29 concealable primary use bullet resistant vests and external carriers, and the Sheriff's Office was awarded $17,000 to purchase 20 concealable primary use bullet resistant vests, with a required in- kind match of 50%from each Depth lucent,such grant being more particularly described in the City Manager's Report dated November 18, 2024. 2. The City Manager or designee is hereby authorized to execute and file on behalf of the City, any documents setting forth the conditions of the grant in a form approved by the City Attorney. 3. The City Manager or designee is further directed to furnish such additional information as may be required by the United States Department of Justice in connection with the acceptance of the foregoing grant. 4. The following sections of the 2024-2025 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Grant Fund: Appropriations: Expendable Equipment 235-3111-0000-52035-400065 $ 50,135 Revenues: Federal Revenue—US Dept. of Justice 235-3111-0000-40121-400065 $ 50,135 5. Pursuant to Section 12 of the Charter of the City of Roanoke, the adoption of this Ordinance constitutes the second reading of such Ordinance by title. ATTEST: ( l City Clerk. ��i_ City Manager's Report �� Submitted by: Scott Booth, Chief Police Department ROAN O KE November 18, 2024 Title: Acceptance of the FY 2024 Bulletproof Vest Partnership Grant Award from the United States Department of Justice. Background: The United States Department of Justice is the administering agency for the Bulletproof Vest Partnership (BVP). The BVP reimburses 50% of the cost of new bullet resistant vests purchased by law enforcement agencies. The City of Roanoke Police Department and the Roanoke Sheriffs Office have been awarded a combined amount of $50,135 in FY 2024 funding (Federal Fiscal Year ending September 30, 2025). The Police Department was awarded $33,135 to purchase 29 concealable primary use bullet resistant vests and external carriers. The Sheriffs Office was awarded $17,000 to purchase 20 concealable primary use bullet resistant vests. The required in-kind match of 50% will be satisfied through each department's budget. Recommended Action: Adopt the Ordinance accepting the FY 2024 Bulletproof Vest Partnership Grant Award, appropriating funding, and establishing a revenue estimate for the Police Department in the amount of$33,135 and the Sheriffs Office in the amount of$17,000 to be established by the Director of Finance in the Grant Fund. Authorize the Interim City Manager or designee to execute the grant agreement and any related documents; all such documents to be approved as to form by the City Attorney. (3, „GVo �rtisl� Lydia Patton, Interim City Manager IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of November 2024. No. 43096-111824. AN ORDINANCE authorizing acceptance of the Innovative Finance and Asset Concession Grant made to the City of Roanoke by the United States Department of Transportation Build America Bureau, authorizing the Interim City Manager or designee to execute, and file appropriate documents to obtain such funds; and dispensing with the second reading of this Ordinance by title. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager or designee is hereby authorized on behalf of the City to accept from the United States Department of Transportation Build America Bureau, the Innovative Finance and Asset Concession Grant in the amount of$770,000,with no local funding match required,to be used to procure consultants for technical assistance to assess city-owned properties within 0.5 mile of the Amtrak Station located at 55 Norfolk Avenue, S.W., such grant being more particularly described in the City Manager's Report dated November 18, 2024. 2. The City Manager or designee is hereby authorized to execute and file on behalf of the City, any documents setting forth the conditions of the grant in a form approved by the City Attorney. 3. The City Manager or designee is further directed to furnish such additional information as may be required by the United States Department of Transportation Build America Bureau in connection with the acceptance of the foregoing grant. 4. The following sections of the 2024-2025 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Grant Fund: Appropriations: Consultants 235-8120-0000-55095-400137 $ 770,000 Revenues: Federal Revenue—US Dept. of Transportation 235-8120-0000-40121-400137 $ 770,000 5. Pursuant to Section 12 of the Charter of the City of Roanoke, the adoption of this Ordinance constitutes the second reading of such Ordinance by title. ATTEST: �. 44 • City Clerk. City Manager's Report Submitted by: Marc Nelson, Director Department of Economic Development ROANOKE November 18, 2024 Title: Acceptance of$770,000 in Grant Funds from the U.S. Department of Transportation Build America Bureau for the Innovative Finance and Asset Concession Grant Program. Background: The City of Roanoke (city) has been awarded a $770,000 grant from the United States Department of Transportation (US DOT) Build America Bureau for the Innovative Finance and Asset Concession Grant Program. This grant program is designed to help communities across the country implement innovative financing and asset concession strategies to improve transportation infrastructure. The grant funds will be used to procure consultants for technical assistance to assess city- owned properties within 0.5 mile of the Amtrak Station located at 55 Norfolk Avenue, SW. Utilizing their expertise, as well as significant and meaningful community engagement, the consultants will produce recommendations for community and economic development projects with a heavy focus on affordable housing. Following this assessment, the consultants will then solicit developers for recommended projects eligible for Transportation Infrastructure Finance and Innovation Act (TIFIA) credit assistance, which offers enticing lower-interest rate loans for developers. The consultants will also research and recommend other innovative public and private funding options, as well. The goal of this grant is to produce significant, community-welcomed investment surrounding the Amtrak Station and the Gainsboro area, creating a more welcoming gateway to the city. This will be a three-year grant project period beginning in January 2025. Considerations: City Council action is needed to accept and appropriate United States Department of Transportation (US DOT) Build America Bureau for the Innovative Finance and Asset Concession Grant Program Grant award and to authorize the Interim City Manager to execute the Grant agreement between US DOT and the city. A copy of the Grant agreement is attached to this report. There is no local funding match required for this grant. Recommended Action: Accept and appropriate the Grant as described above and authorize the Interim City Manager or designee to execute the required grant agreement and associated documents to be approved as to form by the City Attorney. ,iGff�O I 1 , Lydia Patton, Interim City Manager Innovative Finance and Asset Concession Grant Program Cooperative Agreement Contents COOPERATIVE AGREEMENT TERMS AND CONDITIONS 4 APPLICABLE-AUTHORITIES 4 ADDITIONAL AUTHORITIES 4 SUBPART A. GENERAL PROVISIONS 4 Definitions 5 Order of Precedence 5 Flow Down Requirement 5 Period of Performance 5 Contracting 5 Budget 5 Budget Period 5 Cost Sharing or Matching Funds 5 Direct Assistance 6 Role of the Recipient 6 Role of DOT's Grant Program Director(GPD) 8 Role of DOT's Grant Program Manager(GPM) 8 Role of DOT's Grant Technical Advisor(GTA) 8 Role of DOT's Grant Management Specialist(GMS) 8 Degree of DOT Involvement 8 Monitoring and Reporting Requirements 9 Site Visits and Desk Review 9 Unauthorized Promotion or Endorsement of Goods or Services 10 Work Products 10 News Releases 11 Property Standards 11 Intangible Property 11 Computer Software 11 Record Retention and Access to Records Monitoring 11 Restrictions on Public Access to Records and Privacy Act 11 Performance Goals and Measurements 11 Basic Considerations 12 Labor Rates 12 Indirect Costs 13 1 Pre-Award Costs 13 Program Income 13 Profit or Fee 13 Federal Payment 13 Financial Management and Internal Controls 14 Audit 14 Transportation and Travel 14 SUBPART C.MISCELLANEOUS PROVISIONS 15 Administrative,National and Department Policy Requirements 15 Prior Written Approvals 15 Key Personnel 15 Procurement 15 Subawards 15 In-Person Conferences. Trainings, and Other Events 16 System of Award Management and Unique Entity Identifier Requirements 16 Remedies for Noncompliance 16 Objections,Hearings and Appeals 16 Suspension of Agreement 16 Termination of Agreement 16 Termination/Expiration of Agreement Procedures 16 Non-Discrimination 17 Closeout 17 After-the-Award Requirements 17 ATTACHMENT 1. U.S DEPARTMENT OF TRANSPORTATION CONTACT INFORMATION 19 ATTACHMENT 2. RECORD RETENTION 20 ATTACHMENT 3. BILLING REQUIREMENTS 22 ATTACHMENT 4. U.S. DEPARTMENT OF TRANSPORTATION AND FEDERAL ASSURANCES 25 Attachment 4.1 25 Attachment 4 '" 30 Attachment 4.3 33 Attachment 4.4 35 Attachment 4.5 37 Attachment 4.6 40 ATTACHMENT 5. NON-DISCRIMINATION ASSURANCES 41 APPENDIX A 44 APPENDIX B 46 APPENDIX C 4S APPENDIX D 49 APPENDIX E 50 3 COOPERATIVE AGREEMENT TERRIMIS AND CONDITIONS This Cooperative Agreement(Agreement)fluids and sets out the teens and conditions(Provisions) governing a collaborative effort between the Department of Transportation(DOT) and City of Roanoke (Recipient) for project, Capacity Building to Support Roanoke Transit-Oriented Development. This is a cost reimbursement Cooperative Agreement. The responsibility for conducting activities under this Agreement lies primarily with the organization named in this Agreement(Recipient).DOT,through its designated representatives, shall consult and coordinate in the conduct of the activities performed during the period of this Agreement. By signing the signature page,the Recipient accepts the terms and . conditions, as stated. APPLICABLE AUTHORITIES Unless otherwise noted, this Agreement incorporates the provisions from DOT's Notice of Funding Opportunity(NOFO) for the Innovative Finance and Asset Concession Grant Program(IFACGP or the Program) for the Fiscal Years 2022,2023 and 2024, the Recipient's federal assistance application submitted in response to the NOFO, and the documents submitted to DOT to execute this Agreement. This Agreement requires the Recipient to comply with the applicable requirements of part 200 of Title II of the Code of Federal Regulations (2 CFR part 200) and the DOT's implementation of those requirements at 2 CFR part 1201. Program Evaluation is encouraged for grant recipients and subrecipients, however is not required. ADDITIONAL AUTHORITIES The authority for funding this Agreement incorporates Public Law No. 117-58,the Consolidated Appropriations Act, 2022, Section 71001 of the Infrastructure Investment and Jobs Act(Pub. L. 117-58) SUBPART A:GENERAL PROVISIONS The purpose and scope of this Agreement is to facilitate and evaluate public-private partnerships in which the private sector partner could assume a greater role in project planning, development, financing,construction, maintenance, and operation,including by assisting eligible entities in entering into Asset Concessions consistent with the Budget Details of the award and the eligible activities and requirements outlined in the NOFO through technical assistance or expert services,; as amended by this Agreement. All activities, services, and products completed under this Agreement' must align with this general scope and purpose. The Recipient is expected to implement the project via a proposal and quarterly reporting,which require collaboration with and approval by DOT's Grant Management Specialist (GMS) and DOT's Grant Technical Advisor(GTA). Approved work products are incorporated by reference in this Agreement. The award must not be used in the implementation of any other matters not set forth in this Agreement, except as may be reasonably related or incidental to the implementation of the purpose and scope of this Agreement. 4 Definitions This Agreement applies and incorporates the same meaning of terms, defined directly, or incorporated by reference, in the NOFO and at 2 CFR 200.1,unless otherwise specified within the applicable and additional authorities (above) or within these Provisions. Order of Precedence In the event of an inconsistency in the provision or execution of this Agreement, the following order of precedence applies: (a)applicable Federal laws and regulations, (b) these Provisions,and(c)work products approved by DOT. Flow Down Requirement The Recipient is legally and financially responsible for all aspects of the activities funded under this Agreement,including funds provided to contractors(including consultants) and subrecipients as referenced in 2 CFR 200.332. Further, as required by 2 CFR 200.327, in all applicable contracts, the Recipient must include and require compliance with the provisions at Appendix II of 2 CFR part 200. Period of Performance The Period of Performance (POP) for this Agreement is included on the award document signature page. Performance period extensions shall be made consistent with 2 CFR 200.308 and 2 C:FR 200.309. Contracting Prior approval of all contracting services will be required in coordination with DOT's Grant Program Manager(GPM), along with final GPM approval. Procurements for and contracts with grantee- contracted advisors procured for this award must comply with the requirements set forth in the 2 CFR 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; also refer to contractor determinations in 2 CFR 200.331. Budget DOT's financial obligations to the Recipient will not exceed the amount of federal funding awarded to date, as reflected on the signature page of this agreement. DOT is not liable for any costs the Recipient incurs in anticipation of receiving additional funds from DOT or any costs the Recipient incurs in a manner inconsistent with the terms of this Agreement. Budget Period The budget period for the award is 36 months in length beginning on the start date of the performance period. The Recipient is authorized to expend fluids awarded based on DOT-approved work products. Requested budget period extensions for both the award and the work product must be made consistent with 2 CFR 200.308. Cost Sharing or Matching Funds The maximum value of cooperative agreements is S2 million. Cooperative agreements of up to S 1 million are offered at 100-percent federal share (no required non-federal match). Amounts in excess of S 1 million are offered at 50 percent federal share(50 percent required non-federal match). For example, a cooperative agreement of S2 million in federal aid would be matched by S 1 million of non-federal funds, supporting a S3 million effort. 5 Direct Assistance If the Proposed Activities include direct assistance for an Asset Concession,the following conditions apply: (1) the Asset Concession shall not prohibit, discourage, or make it more difficult for a Recipient to construct new infrastructure, to provide or expand transportation services, or to manage associated infrastructure in publicly beneficial ways, along a transportation corridor or in the proximity of a transportation facility that was a part of the Asset Concession; (2) the Recipient shall have adopted binding rules to publish all major business terms of the proposed Asset Concession not later than the date that is 30 days before entering into the Asset Concession, to enable public review, including a certification of public interest based on the results of an assessment under subparagraph(4); (3).the Asset Concession shall not result in displacement,job loss, or wage reduction for the existing workforce of the Recipient or other public entities; (4) the Recipient or the concessionaire shall carry out a value-for-money analysis, or similar assessment, to compare the aggregate costs and benefits to the Recipient of the Asset Concession against alternative options to determine whether the Asset Concession generates additional public benefits and serves the public interest; (5) the full amount of any Asset Concession payment received by the Recipient under the Asset Concession, less any amount paid for transaction costs relating to the Asset Concession, shall be used to pay infrastructure costs of the Recipient; and (6)the terms of the Asset Concession shall not result in any increase in costs under the asset concession being shifted to taxpayers the annual household income of whom is less than S400,000 per year, including through taxes,user fees, tolls, or any other measure,for use of an approved infrastructure asset. (7)Not later than three years after the date on which a Recipient enters into an Asset Concession as a result of a grant under this section— i. the Recipient shall hire an independent auditor to evaluate the performance of the concessionaire based on the requirements described in subparagraphs(a) through(f); and ii. the independent auditor shall submit to the Recipient, and make publicly available, a report describing the results of the audit under subparagraph(i). Role of the Recipient The Recipient must: (1) Comply with the terms and conditions of this Agreement; (2) Collaborate with DOT staff in implementation and monitoring of the project, including identifying specific metrics and deliverables within the first 90 days of Period of Performance; (3) Comply with IFACGP deliverable table below: 6 • Deliverable - Approximate Due Section 508 Date Compliant? Kick-off Meeting Within 4 weeks of No Conduct a kick-off meeting with USDOT at a mutually-agreed-upon Period of Performance location. Start Date Reporting &Meeting Semi-Annual Program Yes Submit semi-annual Program performance reports using the Performance Report in Performance Progress (SF-PPR)and quarterly Federal Financial accordance with Fiscal (SF-425)reports to document activities performed, anticipated Year schedule activities,progress toward meeting performance goals and metrics. Quarterly Federal and any changes to schedule or anticipated issues. Financial Reports in Quarterly meetings or as needed to discuss the report and project accordance with Fiscal status will be coordinated and scheduled by the Grant Technical Year schedule Advisor. For grants with asset scanning activities,provide asset information Asset Information at including, but not limited to, asset description, current use,potential completion of asset zoning uses, objectives for the asset, any known environmental, scan activities technical, or financial issues, and market analysis to be shared by DOT with private entities for potential project analysis,business plan development, and contact information to share proposals with potential project sponsors. Project Management Plan Within 45 days of No The Recipient shall submit to USDOT's GTA for approval a Project Period of Performance Management Plan,which shall include,at a minimum: Start Date a) A Statement of Work,with a description of Tasks and Sub-Tasks by which the project work activities will be organized, executed, and monitored; a) A Project Schedule (Gantt Chart or equivalent) displaying begin and end times for each Task and Sub-Task,plus achievement of Project Milestones; b) A Project Budget, displaying planned expenditures for each Task,with a further breakdown by Cost Element for each Task, and by the federal share vs. non-federal share, if applicable. c) A description of major Project Milestones, including key Reports, start of operations of important systems or subsystems, and other important deliverables or events; d) A Risk Management Plan,which includes identification and assessment and of all known risks, assignment of risk roles and responsibilities,processes for monitoring and. controlling risks, and a risk registry; Annual Report On the anniversary Yes Submit a report to the Build America Bureau that describes the date of Period of findings and effectiveness of the program. The specific format and Performance start and contents of this report shall be discussed during the kickoff meeting annually thereafter and approved by the Agreement Officer Representative (AOR). 7 Role of DOT's Grant Program Director(GPD) The GPD is the DOT official authorized to execute and/or administer this award. The GPD is identified as the DOT official on the award document. The GPD is responsible for approving awards and amendments that obligate or de-obligate funds,suspending and terminating awards, and performing other responsibilities that are set forth in this Agreement. Role of DOT's Grant Program Manager (GPM) The GPM is responsible for oversight of the Grant Management Team(GTA&GMS) activities to include but not limited to, all financial and administrative aspects of the award and all business management aspects of the award. Role of DOT's Grant Technical Advisor(GTA) The GTA will have overall responsibility for monitoring the conduct and progress of the project, including conducting site visits, and reviewing financial and performance reports with the Grant Management Specialist (GMS) and other appropriate DOT staff. The GTA will provide substantial input, in collaboration with both the Recipient and DOT subject matter experts, in the planning and implementation of work products approved by the Grant Team. The GTA will provide written recommendations to the Grant Team regarding work product approval and performance period extensions. Also, the GTA will participate in the acceptance and publication of work products and materials, to make them available to the public. Role of DOT's Grant Management Specialist(GMS) The GMS is responsible for all financial and administrative aspects of the award. The GMS will also assist the GTA in monitoring the conduct and progress of the project, including conducting site visits, and reviewing financial and performance reports.Further, the GMS will ensure that the award is operated in compliance with this Agreement. Questions concerning the applicability of regulations and policies to this Agreement, and all requests for required prior approvals, such as requests for permission to expend funds for certain items, should be directed to the GMS. Required approvals, including work product approvals, must be provided in writing to the Grant Team to include: GPD, GPM, GTA, & GMS. The GMS will be responsible for communicating the required approvals. Degree of DOT Involvement The DOT anticipates substantial Federal involvement with the Recipient during performance period of this project. The anticipated Federal involvement will include: • Review of deliverables as defined by the proposal from the Recipient • Reviewing draft project documents and plans for approval and continent • Reviewing semi-annual performance reports and final reports from the Recipient • Convening quarterly meetings with the recipient to review project activities, schedule, and progress toward the scope of work • Identifying relevant federal technical assistance programs aligned with the IFACGP efforts to share with grantee as additional funding, finance, and technical assistance opportunities. • Assigning federal agency staff to serve as liaisons with grantee. • Reviewing and approving changes in key personnel or scope changes • Oversight of ongoing compliance with applicable federal regulations • Budget oversight,including reviewing and reimbursing monthly invoices for incurred costs and receiving notification when budgets are 50%and 90% expended. S Monitoring and Reporting Requirements (1) Requirements. This Agreement incorporates the reporting requirements of 2 CFR 200.512 (Report submission), 2 CFR 200.328 (Financial reporting), 2 CFR 200.329 (Monitoring and reporting program performance), and 2 CFR 200.330 (Reporting on real property). Accordingly, the reporting frequencies are identified below. DOT may adjust these frequencies to respond to award management deficiencies or to implement requirements of the applicable authorities. Failure to comply with these reporting requirements is considered a material noncompliance. Reporting Requirements for Recipients Frequency Project Management Reporting • Performance Report SA • Financial Report(SF-425) Q Closeout Reporting • Final Performance Report F • Final Property Report(SF-428 & SF-428B) F Other Reporting (where applicable) • Intellectual Property Report A • Invention Report • Equipment/Property Report(SF-428) • Annual Financial Statement Audit(not the same as a Single Audit) RA A—Within a week after the event F—Final; within 120 calendar days after the performance period or termination of this Agreement, whichever is first. Q—Quarterly;within the 30 days following the end of the Federal fiscal year quarters SA—Semi-Annually; within the 30 days following the end of two Federal fiscal year quarters Y—Yearly; within 90 calendar days after the end of the annual report period RA-Within 30 calendar days after receipt of the auditor's report(s), or nine months after the end of the audit period. (2) Performance reporting.The Recipient will include the requirements of the"Performance Goals and Measurements"provision,of this Agreement,in its work products and track for inclusion in its performance report for each work product. (3) Submission to DOT. The Recipient must submit reports to both the GTA and GMS, in a manner directed by DOT and provided guidance in Attachment 1. (4) Restrictions. Reports submitted in noit-DOT systems must not contain any Protected Personal Identifiable Information(PII), limited rights data (proprietary data), classified information, information subject to export control classification, or other information not subject to release. Site Visits and Desk Review DOT may perform site visits and desk reviews as per 2 CFR 200.329(0,to monitor project progress, and to ensure full accountability for Federal hinds and compliance with this Agreement. 9 Unauthorized Promotion or Endorsement of Goods or Services While receiving technical assistance, the Recipient or any of its personnel will not sell or promote its own or any other products or services.Neither the Recipient nor its personnel must neither imply that DOT endorses any product or service produced by non-DOT funding,nor use the name of DOT or any division of DOT to sell any product or service. For funding jointly administered by DOT and another Federal agency, the Recipient provides the same assurances to both agencies. Work Products (1) Sharing Work Products. The Recipient agrees to make available to the public the work products produced under this Agreement. Work products include studies,plans,market analyses, estimates, schedules, agreements, asset information,public outreach materials, performance reports, audits and any other documents produced while effectuating the purpose of this Agreement. Work products will be made publicly available in a manner and location determined by DOT. (2) Draft and Final Products. The GTA and GMS may review and will accept or deny draft and final products. The Recipient must submit to the GTA and the GMS draft and final products developed under this Agreement. DOT will determine the manner in which products are submitted. Deliverables, quotations therefrom,paraphrasing, and disclosures of draft or interim findings must not be published by the Recipient or other participants in the work without DOT approval. In addition, except for open-source code,DOT reserves a royalty-free,nonexclusive, and irrevocable right to reproduce,publish, or otherwise use the work products, in whole or in part(including creating derivative works), for federal government purposes and to authorize others to do so, DOT's license applies to: (1)the copyright in any work developed under this award, sub-award, or contract awarded under this cooperative agreement; and (2) any rights of copyright to which the Recipient or its personnel, including contractors,purchases ownership with award funds from this Agreement. In addition,DOT may make any work that was developed under this Agreement publicly available by any means without restriction, including on a DOT website, or social media account, as a hard copy, or in electronic form. DOT also reserves the right, at its discretion,not to publish deliverables and other materials (e.g., reports, publications,manuals, and training curricula) developed under this cooperative agreement as DOT resources. (3) Acknowledgment of Support. Products, including tools,publications, training materials, and online resources(material), developed under this Agreement,may include the DOT's logo, provided the GMS has approved the products and provides written permission to use the DOT logo. In addition, the Recipient must include the following acknowledgment and disclaimer on all products unless another version is authorized: "This material is based upon work supported, in whole or in part, by Federal award number [insert award number] awarded to [name of Recipient] by the U.S. Department of Transportation." The substance and findings of the work are dedicated to the public.Neither the United States Government nor any of its employees make any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus,product, or process disclosed, or represents that its use would not infringe privately- owned rights. Reference herein to any individuals, agencies, companies, products,process, services, service by trade name, trademark, manufacturer, or otherwise does not constitute or imply an endorsement, recommendation, or favoring by the author(s), contributor(s), the U.S. 10 Government, or any agency thereof. Opinions contained herein are those of the author(s) and do not necessarily reflect the official position of, or a position that is endorsed by, DOT or any Federal agency. News Releases All press releases or public issuances made during the performance period for this Agreement must be reviewed and approved by DOT before release. Property Standards The property standards at 2 CFR 200.310 through 200.316, as modified by 2 CFR 1201.313, apply to this Agreement and set forth the requirements for insurance coverage,real property, equipment, supplies, intangible property, and other property. Intangible Property (1) This Agreement incorporates the requirements of 2 CFR 200.315. (2) DOT will not retain exclusive rights to technical data, software, and analytic code previously developed by the Recipient or its personnel and used in the performance of work supported by this award. Computer software and "open-source"code available to the public prior to the work of this award may remain in the public domain. Computer Software (1) Software,especially computer software used for online products,must be commercially available off-the-shelf. (2) Requests for exceptions to computer software standards must be submitted in writing to DOT. Record Retention and Access to Records Monitoring This Agreement incorporates the requirements at: • 200.334 Retention requirements for records. • 200.335 Requests for transfer of records. • 200.336 Methods for collection,transmission, and storage of information. • 200.337 Access to records. Restrictions on Public Access to Records and Privacy Act This Agreement incorporates the requirements of 2 CFR 200.338. In the event of improper use or disclosure of protected personally identifiable information,the Recipient agrees to immediately report the incident to the GMS. Performance Goals and Measurements To implement 2 CFR 200.301, 2 CFR 200.329, and the applicable authorities, in collaboration with the responsible DOT parties to this Agreement,the Recipient must develop a specific performance plan based on DOT-provided performance measures. The Recipient's performance plan must track progress and report on the effectiveness of each deliverable. The Recipient must propose,track and report project accomplishments against the following performance measures: 11 Goal Metric Goal 1:Provide benefits to • Increase collaboration with the private sector the conununity through during project planning transportation projects. Goal 2:Increase grant • Hire staff and/or procure consultants to serve recipient's capacity, as advisors within six months of the project's knowledge, and skills to performance period start date execute transportation projects. Goal 3:Engage, educate, • Conduct at minimum one stakeholder outreach and listen to the community initiative throughout the project • Create a best practices document based on planning process. learnings from the project Goal 4:Advance the • Complete all planned asset analyses for all transformational project(s) existing assets closer to delivery. • Provide an implementation plan or next steps for each asset at the conclusion of the project SUBPART B.FINANCIAL PROVISIONS Basic Considerations This Agreement,including the work products,incorporates the basic cost principles of 2 CFR part 200: • y200.402 Composition of costs. • 200.403 Factors affecting allowability of costs. • 200.404 Reasonable costs. • 200.405 Allocable costs. • 200.406 Applicable credits. • 200.407 Prior written approval(prior approval). • 200.408 Limitation on allowance of costs. • 200.409 Special considerations. • 200.410 Collection of unallowable costs. • 200.411 Adjustment of previously negotiated indirect(F&A) cost rates containing unallowable costs. Failure to provide adequate supporting documentation may result in a determination by DOT that those costs are unallowable. Labor Rates This Agreement incorporates the labor rate submitted in the recipient's cost estimate. These rates are used for the purposes of determining reasonableness of direct labor costs, in accordance with 2 CFR part 200, including 2 CFR 200.404. All direct labor costs charged to this award require DOT approval, unless otherwise authorized by the GMS. 12 Indirect Costs (1) This Agreement incorporates the requirements of 2 CFR 200.414 and the NOFO. (2) If indirect costs are included in the budget, the Recipient must include documentation to support the indirect cost rate it is using.The Recipient is only entitled to reimbursement of indirect costs. The Recipient may use a current Federally-approved and negotiated indirect cost rate agreement with DOT concurrence. If the Recipient does not have a negotiated indirect cost rate agreement, it must submit its first indirect cost rate proposal to its cognizant federal agency for review and approval. The Recipient may elect to use, if eligible,up to 15 percent de minimis rate per 2 CFR 200.414(f). (3) If the Recipient is seeking reimbursement of indirect costs, the Recipient is responsible for maintaining an approved rate for the life of the award. The Recipient is required to reconcile the difference between its provisional indirect cost rate and final rate for the same year. The Recipient is not entitled to more than the unspent award amount, for underpayments. Pre-Award Costs The Recipient will incur pre-award costs at its own risk,after the date of the DOT selection announcement and prior to the start date of the award performance period. The incurrence of pre-award costs in anticipation of an award imposes no obligation on DOT either to make the award or to increase the amount of the approved budget,if the award is made for less than the amount anticipated and is inadequate to cover the pre-award costs incurred. Program Income Pursuant to 2 CFR 200.307(a), any program income earned during the award period, as a result of award activities,must be added to the funds committed to the award and used to further eligible activities supported by this Agreement. Program income earned after the award must be returned to the Federal government. Before using program income, any affected work product shall be revised and approved by DOT to include the use of program income. Profit or Fee No increment(fee or profit) above cost may be paid to the Recipient or subrecipient under this award, except as otherwise expressly provided by law. The term"subrecipient"does not include the Recipient's procurement of goods and services, such as maintenance contracts for equipment or facilities, contracts for communication services, etc. Federal Payment (1) Payment Method. Payment by reimbursement is the only payment method under this Agreement. This Agreement incorporates the payment requirements of 2 CFR 200.305. The Debt Collection Improvement Act of 1996 requires payment be made by electronic funds transfer. Electronic transfer shall be made from DOT's Delphi system to the Recipient's bank account on file with DOT. DOT will reimburse labor and direct costs incurred by the Recipient, including subcontractors. See attachment 4 for billing requirements. (2) Labor and Direct Costs. DOT will reimburse labor and direct costs incurred by the Recipient, including subcontractors. Capacity Builders should maintain a system for recording all project costs. Invoices may be transmitted to DOT monthly. l3 (3) Reimbursement Limitation.DOT financial obligations to the Recipient are limited by the amount of federal funding awarded to date as reflected on the award document. If the Recipient incurs costs in anticipation of receiving additional funds from DOT, it does so at its own risk. (4) Timing of Submittals. Invoices should be transmitted to DOT monthly with a completed SF270, all corresponding invoices, and timesheets. (5) Payment approval. Consistent with 2 CFR 200.305(b)(3), DOT will determine approval of payment requests submitted through Delphi as soon as practical, but not later than 30 days after the Recipient's request is received,unless the billing is improper, or an extenuating circumstance requires additional DOT time to approve a payment request. (6) Unauthorized Drawdown of Federal Funds. The Recipient must immediately refund DOT any amounts drawn down in excess of the authorized amounts. The Recipient and subrecipients shall promptly, but at least quarterly,remit to DOT interest earned on advances drawn in excess of disbursement needs and shall comply with the procedure for remitting interest earned to the Federal government per 2 CFR 200.305, as applicable. The GPD, in collaboration with the Technical Assistance Division,will determine the appropriate refund method. Financial Management and Internal Controls This Agreement incorporates the financial management systems requirements in 2 CFR 200.302, and internal controls set forth in 2 CFR 200.303. Audit (1) Single or Program-Specific Audits. This Agreement incorporates the audit requirements of 2 CFR 200.501,2 CFR 200.514 and 2 CFR 200.507. DOT may require the Recipient to complete a Program-Specific Audit in accordance with 2 CFR 200.507.Audits must be guided by Appendix XI of 2 CFR part 200. (2) Financial Statement Audit Required. DOT may require the Recipient to have an annual financial statement audit conducted in accordance with Generally Accepted Government Auditing Standards(GALAS). (3) Audits must be submitted in a manner either described at 2 CFR 200 Subpart F or reference in this Agreement,within 30 calendar days after receipt of the auditor's report(s), or nine months after the end of the audit period. This requirement applies to all Recipients, including commercial and not-for-profit organizations. (4) Failure to comply with these audit requirements is considered material noncompliance. (5) DOT will reimburse the Recipient for eligible costs associated with audits allowed by this Agreement as indicated within the Recipient's award budget. Transportation and Travel This Agreement incorporates the requirements of 2 CFR 200.475. All travel activities require prior approval from the GMS, as per 2 CFR 200.407. 14 SUBPART C. MISCELLANEOUS PROVISIONS Administrative,National and Department Policy Requirements The Recipient hereby agrees that, as a condition of receiving any Federal financial assistance under this agreement, it will certify that it will comply with the assurances listed in Attachment 5 of this agreement. The Recipient must sign each of the assurances located in Attachment 5. The assurances attached cover the following: • Certification regarding debarment, suspension, and other responsibility matters • Requirements regarding delinquent tax liability or a felony conviction under any federal law • Recipient policy to ban text messaging while driving-DOT Order 3902.10 • Certification regarding drug-free work-place requirements • Compliance with the Trafficking Victims Protection Act(TVPA) of 2000 and implementing regulations in 2 CFR 175 • Lobbying and 49 CFR 20 Prior Written Approvals The Agreement incorporates and applies the prior approval requirements of 2 CFR 200.407 to the entire project,including changes to the award and the associated work product. The Recipient must comply with 2 CFR 200.407 before incurring certain costs under the award, including costs incurred pursuant to a work plan. Key Personnel Definition. "Personnel"means employees of the Recipient,or any contractor(s), or team members, and consultants engaged by any of those entities. The key personnel specified in the Recipient's application are considered essential to the work being performed under this Agreement. Any change to the key personnel assigned to a work product or included in the Recipient's application is considered a revision of program plans and requires compliance with 2 CFR 200.407 and advance written notice to and approval by the GPM. The notice must include a revised application along with a justification(including proposed substitutions) in sufficient detail to permit evaluation of the impact on the award or work product. Procurement The Recipient's process for acquiring goods and services under this award must comply with 2 CFR 200.317 through 200.327, as modified by 2 CFR 1201.317. Agreements executed by the Recipient must comply with this Agreement, as applicable,and include the contract provisions set forth in Appendix II to 2 CFR part 200, as applicable to the contract. The recipient will need to submit specific procurement documents for review prior to the entering into agreements with contractors and consultants. The documents include but are not limited to solicitations, specifications, contract agreements and any other document requested by DOT. Subawards The use of sub-awards is subject to the specific written,prior approval of DOT. Any subaward made by a Recipient must comply with the requirements in 2 CFR 200.331-200.333. When making subawards, the Recipient must comply with the reporting requirements of 2 CFR 170. This requirement provides 15 guidelines for reporting of information on subawards and executive total compensation, as required by the Federal Funding Accountability and Transparency Act of 2006. In-Person Conferences,Trainings, and Other Events This Agreement incorporates the requirements of 2 CFR 200.432, including the regulations referenced in the same section, and the related DOT standards. System of Award Management and Unique Entity Identifier Requirements This Agreement incorporates the requirements of 2 CFR part 25, including Appendix A to part 25, which includes the requirement for the Recipient to maintain an active registration in the System of Award Management(www.sam.gov). An active SAM registration with the unique entity identifier(UEI) is required until the Recipient submits its fmal financial report or receives the final payment under this Agreement, whichever is later. The Recipient may not make a subaward to any entity that has not provided its unique entity identifier number. Remedies for Noncompliance This Agreement incorporates the remedies for noncompliance included at: • 200.339 Remedies for noncompliance. • 200.340 Termination. • 200.341 Notification of termination requirement. • 200.342 Opportunities to object,hearings and appeals. • 200.343 Effects of suspension and termination. Objections, Hearings and Appeals The Recipient may object to any remedy for noncompliance as outlined in 2 CFR 200.342, the Recipient may submit written objections or appeals to DOT via email,within 60 days of an initial DOT decision. A decision from the GPD or the appropriate DOT senior executive official shall be the final decision of DOT. Suspension of Agreement DOT may suspend this Cooperative Agreement by giving written notice of this suspension to the City of Roanoke, instructing the Recipient not to incur additional obligations, or disburse funds, pending the Recipient's action to correct violations of the terms and conditions of this Cooperative Agreement. Failure by City of Roanoke to take the corrective actions specified in the Notice of Suspension within thirty(30) days of receipt of said notice may result in termination of this Cooperative Agreement. Termination of Agreement The provisions for termination of this agreement are outlined in 2 CFR 200.340. DOT may terminate this agreement if the Recipient fails to comply with the terms and conditions of this agreement. DOT may also terminate this agreement if the agreement no longer effectuates the program goals or agency priorities. The Recipient may terminate this agreement upon sending to DOT written notification setting forth the reasons for such termination. Termination/Expiration of Agreement Procedures '16 DOT may provide additional time and/or resources-to closeout upon expiration or termination of this Cooperative Agreement. The Recipient must provide DOT a written report detailing all open business within five(5) days of expiration or termination of this Cooperative Agreement. Non-Discrimination The Recipient hereby agrees that, as a condition of receiving any Federal financial assistance under this agreement, it will comply with Title VI of the Civil Rights Act of 1964 (78 Stat. 252,42 U.S.C. § 2000d),related nondiscrimination statutes (i.e., 23 U.S.C. § 324, Section 504 of the Rehabilitation Act of 1973 as amended, and the Age Discrimination Act of 1975), and applicable regulatory requirements to the end that no person in the United States shall, on the grounds of race, color, national origin, sex, handicap, or age be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity for which The Recipient receives Federal financial assistance. The specific requirements of the Department of Transportation Civil Rights assurances (required by 49 C.F.R. §§ 21.7 and 27.9) are incorporated in the agreement and are in located in Attachment 6. The assurances in Attachment 5 must be executed and signed by the recipient with a separate signature in addition to the recipient's signature for this agreement. Closeout This Agreement incorporates the requirements of 2 CFR 200.344. DOT will initiate the administrative closeout of the cooperative agreement after receiving evidence that all technical work and administrative requirements have been completed. The Recipient shall furnish all required documents in support of the closeout of the cooperative agreement within the timeframes requested by the Government. The anticipated timefranie to complete administrative closeout of the cooperative agreement will not exceed six(6)months. After-the-Award Requirements This Agreement incorporates the requirements of 2 CFR 200.345 and 2 CFR 200.346 for post-closeout adjustments and the collection of amounts due. • 17 ENTIRE AGREEMENT This document embodies the entire Agreement between City of Roanoke and the DOT. This Cooperative Agreement may be amended, altered, or any of its provisions waived only in writing.and signed by both parties.The agreement will become effective when all parties have signed. The effective date of this agreement will be the date this agreement is signed by the last party. PARTIES EXECUTING THIS COOPERATIVE AGREEMENT Federal Award and Obligation Amount: S770,000.00 Non-Federal Match Amount: S 0.00 Period of Performance: ;(ci til(EN MOM �316 month This Cooperative Agreement is entered on this day of by the United States Department of Transportation,Build America Bureau,District of Columbia. By: Morteza Farajian,Executive Director Build America Bureau U.S. Department of Transportation This Cooperative Agreement is entered by City of Roanoke. By: Date: (Signature) (month/day/year) (Print Name) Title: 18 ATTACHMENT 1. U.S DEPARTMENT OF TRANSPORTATION CONTACT INFORMATION All responses to provisions of this Agreement,which require communication with DOT, should be sent using the contact information below. E-mail: InnovativeFinanceTA@dot.gov For regular and overnight delivery: Innovative Finance and Asset Concession Grant Program Build America Bureau Department of Transportation 1200 New Jersey Ave SE Washington,DC 20590 19 ATTACHMENT 2. RECORD RETENTION Financial Records Financial Status Reports Final Financial Status Report Requests for Reimbursements Copies of Audits(federal and private) Copies of Audit Responses Copies of all tax reports filled with the IRS, state,and local governments Deposits and Receipts Monthly Bank Statements and Reconciliations Written Procedures for Spending Funds All Contracts: Contracts with Other Groups Consultant Contracts Insurance Policies Service/Maintenance Contracts Sole Source Contract Justifications Construction Contracts Bid Documents Performance Bonds Indirect Cost Documentation Chart of Accounts Ledgers Cash Disbursement Journals Payroll Register for Each Employee Supporting Documentation for All Expenditures: Purchase Orders Vouchers Receipts Petty Cash Vouchers • Deposit Receipt for Petty Cash Reconciliation Travel Reimbursement(with receipts where applicable) Time and Attendance Records Price Quotations Equipment Inventory Listing Nonprofit Parent or Sponsoring Organization Records Articles of Incorporation Corporate Charter with a Nonprofit Status Constitution and By-laws Federal Charitable Organization Designation(501(c)(3)) FICA Waiver of Exemption List of Board Members Monthly/Quarter/Annual Reports(whichever is applicable) Minutes of Board Meetings All Pertinent Correspondence Related to Work Under Award • Copy of Written Personnel Policies 20 Project Records Approved Work Products Approved Budget Narratives Grant Award Notice Special Conditions Program Modification Requests Budget Modification Requests Award Adjustment Notices Copies of Required Quarterly Reports(Narrative and Financial) Copy of Close-out Documents (Narrative and Financial) Pertinent Correspondence Related to This Award(incoming and outgoing) Lists of Work Force/Advisory/Conununity Organization Meetings Related to the Performance of Work under the Award Evaluations Conducted as Required by the Award Letters of Appreciation Personnel Folders: Resumes Letters of Employment Documentation of Pay Raises Nondisclosure Agreements) 21 ATTACHMENT 3. BILLING REQUIREMENTS Not more than ninety(90) days following service delivery related to each DOT-approved work products, the Recipient of this Agreement is required to submit payment requests for allowable costs incurred. Payment requested must be submitted to DOT at a frequency that is not less than once every Federal fiscal year quarter. Payment requests that are not submitted timely must include a justification for the delayed submission. Payment requests for actual costs incurred must comply with the allowable cost standards of this Agreement. All payment requests from the Recipient must be submitted to DOT and approved by DOT using the Delphi eInvoicing system. (1) Documentation submitted with payment requests. The following documentation must accompany any requests for payment of eligible technical assistance services provided: (a) The voucher number,cooperative agreement award number,funding source,and work product plan number or name. A single voucher must include costs for work product under the same award; a voucher must not include work product associated with different awards. (b) Total amount of the payment request for the voucher,the bill period,and amount by work product. (c) The following certification statement: "I certify that the data contained in this document, as well as any information provided in the accompanying voucher, are true, correct, actual, and that all outlays were made in accordance with the cooperative agreement conditions and applicable Regulations. I also certify that all contractors and/or consultants have certified to the same certification statements, and the certifications on file for future inspection and audit." (d) Program-specific documentation of actual costs, including reports from the Recipient's financial management system,which must be supported by the documents in the Recipient's program files. Unless exempted-by 2 CFR, the Recipient must generate reports from its financial management system supporting and documenting salaries,wages, travel, and all other payments for each employee,contractor personnel, and consultant that conducted work under the subject voucher. The report(s)supporting payment requests must include: i. The cooperative agreement award number, funding source, and work product number or name. ii. Dates of the activities/actual costs by work product. iii. The name and position/title of each employee, contractor personnel, and consultant by work product; dates with applicable hours worked;the compensation rate attributable to the employee, contractor personnel and consultant; and travel costs by each employee, contractor personnel, and consultant. Do not include individuals, such as senior management or other staff,whose costs are included in the indirect cost rate calculation. iv. Actual activity, not estimates of activity,of each employee,contractor personnel and consultant. v. The federally-approved indirect cost rate used,and the total indirect costs. vi. If applicable,the approved G&A rate used, and the total G&A rate costs. vii. A cumulative amount of funds expended by work product and by the award. viii. A cover page with the voucher number,cooperative agreement award number,funding source, current and historic cumulative totals by work product number and by award. (1) File documentation.In addition to the applicable record retention items included in Attachment 3 or elsewhere in this Agreement,the Recipient must maintain,at a minimum, the following documentation in its files and the documentation must be available for DOT review during an on-site monitoring visit, for submission when the Grants Team or GPD request particular documentation for remote monitoring purposes, and for submission when the GTA, GMS or GPD request particular documentation to assess payment requests from the Recipient: (a) Documentation to support salary costs, such as timesheets signed by the responsible supervisory official having knowledge of the activities performed by the employee and by the employee, or an electronic-equivalent. In signing, the supervisor and employee would be verifying that the technical assistance activities were performed and that the report is true and accurate. (b) For direct costs, invoices/receipts to support the charge for the costs and a certification for these costs. Documentation or an electronic equivalent signed by the employee who incurred the costs indicating the expense was incurred pursuant to the subject technical assistance activities. (c) Copies of invoices submitted by the contractor/consultant along with the contract. The invoices should include the dates of services, the hours worked attributable to the services, the rate of compensation, the nature of the services provided, an itemized list of other costs, if any, the office for which the services were performed, and the total billed amount. (d) For contractor costs, a certification signed by the contractor who incurred the costs indicating the expense was incurred pursuant to the subject technical assistance activities. (e) Employees' and contractors' work products and related documents, such as trip reports, minutes/notes of meetings, and collateral reports. • Delphi elnvoicing System for DOT Financial Assistance Awardees: Subject to the requirements in 2 CFR 200, payments will be made after receipt of required modal reporting forms. Each payment request must be made electronically via the Delphi elnvoicing System. The following are the procedures for accessing and utilizing the Delphi elnvoicing System: I. Recipient Requirements a. Recipients (organization participating in Cooperative Agreement) must have internet access to register and submit payment requests through the Delphi invoicing system. b. Recipients must submit payment requests electronically and DOT Operating Administrations must process payment requests electronically. c. Recipients must submit at a minimum the required forms (SF270) and supporting documentation (receipts, itineraries, travel documentation, and event agendas) and obtain approval by the GMS prior to uploading invoices into the Delphi system for payment. d. All invoices must be uploaded into the Delphi system electronically by the 10`h of each month if the Recipient would like to be reimbursed within the same month. e. All eligible expenses must be submitted to DOT within 60-days of being incurred to receive reimbursement,unless otherwise authorized by DOT. Failure to submit eligible expenses for reimbursement within 60-days may result in the disapproval of the expense reimbursement request. f. All invoices that have been submitted, approved, and paid will not be adjusted or recalculated by DOT staff to reimburse for miscalculated rates provided by City of Roanoke. g. It is the responsibility of the Recipient to provide, calculate and invoice correctly for all 4 internal staff salaries. Changes or adjustments will not be made once final invoices have been submitted by the recipient and paid by DOT. h. The Recipient shall follow the invoice/payment process for the close out of the cooperative agreement with DOT. i. The Recipient shall not submit request for payment for any costs accrued outside the agreement timeframe.of Period of Performance. II. System User Requirements a. DOT will provide the Recipient's name and email address to the DOT Financial Management Office. The DOT will then invite the Recipient to sign up for the system. b. DOT will send the Recipient a form to verify the Recipient's identity. The Recipient must complete the form and present it to a Notary Public for verification. c. The Recipient will return the notarized form to: DOT Enterprise Services Center FAA Accounts Payable, AMZ-10U PO Box 25710 Oklahoma City, OK 73125 III. The DOT will validate the form and email a user ID and password to the Recipient. Recipients should contact the Operating Administration's grants office with any changes to their system information. Note: Additional information, including access forms and training materials, can be found on the DOT eInvoicing website (http: www.dot.g,ov/cfo/delphi-einvoicing-system.htm1) ATTACHMENT 4. U.S. DEPARTMENT OF TRANSPORTATION AND FEDERAL ASSURANCES Attachment 4.1 CERTIFICATION REGARDING DEBARMENT SUSPENSION,AND OTHER RESPONSIBILITY MATTERS--PRIMARY COVERED TRANSACTIONS 2 C.F.R. Parts 180 and 1200 These assurances and certifications are applicable to all Federal-aid construction contracts, design- build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered,transaction requiring DOT approval or that is estimated to cost S25,000 or more—as defined in 2 C.F.R. Parts 180 and 1200. By signing and submitting the Technical Application and by entering into this agreement under the FYs 2022, 2023, and 2024 Innovative Finance and Asset Concession Grant Program, the Recipient is providing the assurances and certifications for First Tier Participants and Lower Tier Participants in the FYs 2022, 2023, and 2024 Innovative Finance and Asset Concession Grant Program, as set out below. 1. Instructions for Certification—First Tier Participants: a. The prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "civil judgment," "debarred," "suspended,""ineligible," "participant," "person,""principal," and "voluntarily excluded," as used in this clause, are defined in 2 C.F.R. Parts 180 and 1200. "First Tier Covered Transactions"refers,to any covered transaction between a Recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions"refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a Recipient or subrecipient of Federal fiends (such as the prime or general contractor). "Lower Tier Participant"refers to any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions,"provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https:// ww.sam.govn, which is compiled by the General Services Administration. i.Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion—First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended,proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this proposal been convicted of or had a civil,judgment, including a civil settlement, rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal, State, or local) with commission of any of the offenses enumerated in paragraph(a)(2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification -Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior DOT approval or estimated to cost S25,000 or more- 2 C.F.R. Parts 180 and 1200) a. The prospective lower tier participant is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide inunediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "civil settlement,""debarred," "suspended," "ineligible," "participant," "person,""principal," and"voluntarily excluded," as used in this clause, are defined in 2 C.F.R. Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions"refers to any covered transaction between a Recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions"refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant"refers to the participant who has entered into a covered transaction with a Recipient or subrecipient of Federal funds (such as the prime or general contractor). "Lower Tier Participant"refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction,unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,"without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website(https://www.sam.gov/), which is compiled by the General Services Administration. h.Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred,ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension,Ineligibility and Voluntary Exclusion-- Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended,proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. By signing this ASSURANCE, the Recipient agrees to comply with 2 C.F.R. Parts 180 and 1200 and the requirements listed above. (Name of Recipient) By (Signature of Authorized Official) DATED Attachment 4.2 REQUIREMENTS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW As required by sections 744 and 745 of Title VII, Division E of the Consolidated Appropriations Act, 2022,Pub. L.No. 117-103 (Mar. 15, 2022), and implemented through USDOT Order 4200.6, the funds provided under this award shall not be used to enter into a contract,memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that: (1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless a Federal agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or (2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction,unless a Federal agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government. The Recipient therefore agrees: 1. Definitions.For the purposes of this exhibit, the following definitions apply: "Covered Transaction"means a transaction that uses any funds under this award and that is a contract, memorandum of understanding, cooperative agreement, grant, loan, or loan guarantee. "Felony Conviction" means a conviction within the preceding 24 months of a felony criminal violation under any Federal law and includes conviction of an offense defined in a section of the United States Code that specifically classifies the offense as a felony and conviction of an offense that is classified as a felony under 18 U.S.C. 3559. "Participant"means the Recipient, an entity who submits a proposal for a Covered Transaction, or an entity who enters into a Covered Transaction. "Tax Delinquency"means an unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. 2. Mandatory Check in the System for Award Management. Before entering a Covered Transaction with another entity, a Participant shall check the System for Award Management(the "SAM") at http://w%vw.sam.gov/for an entry describing that entity. 3. Mandatory Certifications.Before entering a Covered Transaction with another entity, a Participant shall require that entity to: • (1) Certify whether the entity has a Tax Delinquency; and (2) Certify whether the entity has a Felony Conviction. 4 Prohibition. If (1) the SAM entry for an entity indicates that the entity has a Tax Delinquency or a Federal Conviction; (2) an entity provides an affirmative response to either certification in section 3; or (3) an entity's certification under section 3 was inaccurate when made or became inaccurate after being made then a Participant shall not enter or continue a Covered Transaction with that entity unless the USDOT has determined in writing that suspension or debarment of that entity are not necessary to protect the interests of the Government. 5. Mandatory Notice to the USDOT. (a) If the SAM entry for a Participant indicates that the Participant has a Tax Delinquency or a Felony Conviction,the Recipient shall notify the USDOT in writing of that entry. (b) If a Participant provides an affirmative response to either certification in section 1, the Recipient shall notify the USDOT in writing of that affirmative response. (c) If the Recipient knows that a Participant's certification under section 1 was inaccurate when made or became inaccurate after being made, the Recipient shall notify the USDOT in writing of that inaccuracy. 6. Flow Down.For all Covered Transactions, including all tiers of subcontracts and subawards, the Recipient shall: (1) require the SAM check in section 2; (2) require the certifications in section 3; (3) include the prohibition in section 4; and (4) require all Participants to notify the Recipient in writing of any information that would require the Recipient to notify the USDOT under section 5. By signing this ASSURANCE, the Recipient also agrees to comply with USDOT Order 4200.6 and the requirements listed above. (Name of Recipient) By (Signature of Authorized Official) DATED Attachment 4.3 RECIPIENT POLICY TO BAN TEXT MESSAGING WHILE DRIVING (a) Definitions. The following definitions are intended to be consistent with the definitions in DOT Order 3902.10, Text Messaging While Driving (Dec. 30, 2009) and Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving(Oct. 1, 2009). For clarification purposes, they may expand upon the definitions in the executive order. For the purpose of Attachment 5.3, "Motor Vehicles"means any vehicle, self-propelled or drawn by mechanical power, designed and operated principally for use on a local, State or Federal roadway, but does not include a military design motor vehicle or any other vehicle excluded under Federal Management Regulation 102-34-15. For the purpose of Attachment 5.3, "Driving"means operating a motor vehicle on a roadway, including while temporarily stationary because of traffic congestion, a traffic signal, a stop sign, another traffic control device, or otherwise. It does not include being in your vehicle (with or without the motor running) in a location off the roadway where it is safe and legal to remain stationary: For the purpose of Attachment 5.3, "Text messaging"means reading from or entering data into any handheld or other electronic device (including, but not limited to, cell phones, navigational tools, laptop computers, or other electronic devices), including for the purpose of Short Message Service (SMS) texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. The term does not include the use of a cell phone or other electronic device for the limited purpose of entering a telephone number to make an outgoing call or answer an incoming call, unless this practice is prohibited by State or local law. The term also does not include glancing at or listening to a navigational device that is secured in a commercially designed holder affixed to the vehicle, provided that the destination and route are programmed into the device either before driving or while stopped in a location off the roadway where it is safe and legal to remain stationary. For the purpose of Attachment 5.3, the"Government"includes the United States Government and State, local, and tribal govermuents at all levels. (b) Workplace Safety. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving (Oct. 1, 2009) and DOT Order 3902.10, Text Messaging While Driving (Dec. 30, 2009), the Recipient, subrecipients, contractors, and subcontractors are encouraged to: (1) adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving— (i) Company-owned or -rented vehicles or Government-owned, leased or rented vehicles; or (ii) Privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government. (2) Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as— (i) Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and (ii) Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. (c) Subawards and Contracts. To the extent permitted by law, the Recipient shall insert the substance of this exhibit, including this paragraph (c), in all subawards, contracts, and subcontracts under this award that exceed the micro-purchase threshold, other than contracts and subcontracts for the acquisition of commercially available off-the-shelf items. By signing this ASSURANCE, the Recipient also agrees to comply(and require any sub-recipients, contractors, successors, transferees, and/or assignees to comply)with all applicable provisions in DOT Order 3902.10, Text Messaging While Driving(Dec. 30, 2009)and Executive Order 13513,Federal Leadership on Reducing Text Messaging While Driving. (Name of Recipient) By (Signature of Authorized Official) DA i'ED Attachment 4.4 -CERTIFICATION REGARDING DRUG-FREE WORK-PLACE REQUIREMENTS The Recipient named in this agreement certifies that it will establish and continue to provide a drug-free workplace by: a. Publishing a statement notifying employees that the unlawful manufacture,distribution,dispensing, possession, or use of a controlled substance is prohibited in the Recipient's workplace and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing an ongoing drug-free awareness program to inform employees about-- 1. The dangers of drug abuse in the workplace; 2. The Recipient's policy of maintaining a drug-free workplace; 3. Any available drug counseling,rehabilitation,and employee assistance programs;and, 4. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; c. Making it a requirement that each employee to be engaged in the performance of the grant or cooperative agreement be given a copy of the statement required by paragraph(a). d. Notifying the employee in the statement required by paragraph(a)that,as a condition of employment under the grant or cooperative agreement,the employee will-- 1. Abide by the terms of the statement;and, 2. Notify the employer in writing of his or her conviction for a violation of a criminal drug statue occurring in the workplace no later than five(5)calendar days after such conviction; e. Notifying the Federal agency in writing,within ten(10)calendar days after receiving notice under subparagraph(d)(2)from an employee or otherwise receiving actual notice of such conviction, Employers of convicted employees must provide notice,including position title,to every project officer or other designee on whose project activity the convicted employee was working. Notice shall include the identification number(s)of each affected grant or cooperative agreement. f. Taking one of the following actions,within thirty(30)calendar days of receiving notice under subparagraph(d)(2),with respect to any employee who is so convicted-- 1. Taking appropriate personnel action against such an employee,up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973,as amended;or 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal,State,or local health,law enforcement,or other appropriate agency; g. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs(a),(b).(c),(d),(e),and (1). 1. The Recipient's headquarters is located at the following address. The addresses of all workplaces maintained by the Recipient are provided on an accompanying list. (Signature of Authorized Official) (Date) Attachment 4.5 TRAFFICKING IN PERSONS 2 C.F.R.PART 175 a. Provisions applicable to a recipient that is a private entity. 1. You as the recipient,your employees, subrecipients under this award,and subrecipients' employees may not— i. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; ii. Procure a commercial sex act during the period of time that the award is in effect; or iii. Use forced labor in the performance of the award or subawards under the award. 2. We as the Federal awarding agency may unilaterally terminate this award,without penalty, if you or a subrecipient that is a private entity— i. Is determined to have violated a prohibition in paragraph a.1 of this award term; or ii. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a.l of this award term through conduct that is either— A. Associated with performance under this award; or B. Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension(Nonprocurement)," as implemented by our agency at 2 C.F.R. part 1200. b. Provision applicable to a recipient other than a private entity. We as the Federal awarding agency may unilaterally terminate this award,without penalty,if a subrecipient that is a private entity- 1. Is determined to have violated an applicable prohibition in paragraph a.1 of this award term; or 2. Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a.1 of this award term through conduct that is either— i. Associated with performance under this award; or ii. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),"as implemented by our agency at 2 C.F.R. part 1200. c. Provisions applicable to any recipient. 1. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a.1 of this award term. 2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section: i. Implements section 106(g)of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and ii. Is in addition to all other remedies for noncompliance that are available to us under this award. 3. You must include the requirements of paragraph a.1 of this award term in any subaward you make to a private entity. d. Definitions.For purposes of this award term: 1. "Employee"means either: i. An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or ii. Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements. 2. "Forced labor"means labor obtained by any of the following methods: the recruitment, harboring,transportation,provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude,peonage, debt bondage, or slavery. 3. "Private entity": i. Means any entity other than a State, local government,Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25. ii. Includes: A. A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CFR 175.25(b). B. A for-profit organization. 4. "Severe forms of trafficking in persons,""commercial sex act,"and"coercion"have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102). 5. "Recipient"and"subrecipient"include for-profit entities for the purpose of Attachment 5.5 only. By signing this ASSURANCE, the Recipient certifies that it has read and understands the provisions listed above. (Signature of Authorized Official) (Date) Attachment 4.6 LOBBYING If the Recipient will apply for a grant or cooperative agreement exceeding S100,000, or a loan, line of credit, loan guarantee, or loan insurance exceeding S1 50,000, it must make the following certification and f applicable, make a disclosure regarding the Recipient's lobbying activities. This certification is required by 49 ,f 20.110 and app.A to that part. This certification does not apply to a Recipient that is an Indian Tribe, Indian organi=arion, or an Indian tribal organi_ation exempt roar the requirements of 49 C.F.R.Part 20. Certification for Contracts,Grants,Loans,and Cooperative Agreements. The undersigned certifies,to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement,and the extension,continuation,renewal,amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If ally funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Fonn to Report Lobbying,"in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subcontracts,subgrants,and contracts under grants,loans,and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31,U.S. Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than S 10,000 and not more than S 100,000 for each such failure. Statement for Loan Guarantees and Loan Insurance. The undersigned states,to the best of his or her knowledge and belief,that: If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan,the undersigned shall complete and submit Standard Form-LLL."Disclosure Form to Report Lobbying,"in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352,title 31,U.S. Code. Ally person who fails to file the required statement shall be subject to a civil penalty of not less than S 10,000 and not more than S 100,000 for each such failure. Signature of Authorized Official DATED ATTACHMENT 5. NON-DISCRIMINATION ASSURANCES Standard Title VI/Non-Discrimination Assurances DOT_Order No. 1050.2A By signing and submitting an application and by entering into this agreement under the FY 2022, 2023, and 2024 Innovative Finance and Asset Concession Grant Program, the Recipient HEREBY AGREES THAT, as a condition to receiving any Federal financial assistance from the U.S. Department of Transportation(DOT), through the Build America Bureau, it is subject to and will comply with the following: Statutorv/Regulatory Authorities • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 C:.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs Of The Department Of Transportation—Effectuation Of Title VI Of The Civil Rights Act Of 1964); • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964); The preceding statutory and regulatory cites hereinafter are referred to as the "Acts" and "Regulations," respectively: General Assurances In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that: "No person in the United States shall on the grounds of race, color, of national origin, be exchided f rom participation in, be denied the benefits of or be otherwise subjected to discrimination under any program or activity,"for which the.Recipient receives Federal financial assistance from DOT, including the Build America Bureau. • The Civil Rights Restoration Act of 1987 clarified the original intent of Congress,with respect to Title VI and other Non-discrimination requirements (The Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these non-discrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted. Specific Assurances More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted FYs 2022, 2023,and 2024 Innovative Finance and Asset Concession Grant Program: 1. The Recipient agrees that each"activity," "facility," or"program" as defined in S§ 21.23 (b) and 21.23 (e) of 49 G.F.R. § 21 will be-(with regard to an"activity") facilitated, or will be (with regard to a "facility") operated, or will be (with regard to a"program") conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations. 1. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with the FYs 2022, 2023, and 2024 Innovative Finance and Asset Concession Grant Program and, in adapted form, in all proposals for negotiated agreements regardless of funding source: "The Recipient, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §'S 2000d to 2000d-4) and the Regulations, hereby notes all bidders that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award" 2. The Recipient will insert the clauses of Appendix A and E of this Assurance in every contract or agreement subject to the Acts and the Regulations. 3. The Recipient will insert the clauses of Appendix B of this Assurance, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures,use, or improvements thereon or interest therein to a Recipient. 4. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith. 5. That where the Recipient receives Federal financial assistance in the form, or for the acquisition of real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property. 6. That the Recipient will include the clauses set forth in Appendix C and Appendix D of this Assurance, as a covenant running with the land, in any future deeds, leases, licenses,permits, or similar instruments entered into by the Recipient with other parties: a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and a. for the construction or use of, or access to, space on, over, or under real property - acquired or improved under the applicable activity,project, or program. 7. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property,.or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods: a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or a. the period during which the Recipient retains ownership or possession of the property. 8. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance. 9. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance. By signing this ASSURANCE,the Recipient also agrees to comply (and require any sub-recipients, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing the DOT's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by the DOT. You must keep records, reports, and submit the material for review upon request to DOT, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. The Recipient gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements,property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the FYs 2022, 2023, and 2024 Innovative Finance and Asset Concession Grant Program. This ASSURANCE is binding on the Recipient, other recipients, sub-recipients, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the FYs 2022, 2023, and 2024 Innovative Finance and Asset Concession Grant Program. (Name of Recipient) By (Signature of Authorized Official) DATED APPENDIX A During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations: The contractor(hereinafter includes consultants) will comply with the Acts and the Regulations relative to Non-discrimination in Federally- assisted programs of the U.S. Department of Transportation, the Build America Bureau), as they may be amended from time to time,which are herein incorporated by reference and made a part of this contract. 1. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity,project, or program set forth in Appendix B of 49 C.F.R. Part 21. 2. Solicitations for Subcontracts,Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor~for work to be performed under a subcontract, including procurements of materials,or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative!to Non- discrimination on the grounds of race, color, or national origin. 3. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the Recipient or the OST, as appropriate, and will set forth what efforts it has made to obtain the information. 4. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the OST may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. 5. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the OST may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. APPENDIX B CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Specific Assurance 4: NOW, THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the Recipient will accept title to the lands and maintain the project constructed thereon in accordance with the Infrastructure Investment and Jobs Act, Pub. L. No. 117-58 (Nov. 15, 2021), the Consolidated Appropriations Act, 2022, Pub. L. No. 117-103 (Mar. 15, 2022), Section 71001 of Division G of the BIL(Asset Concessions), the Regulations for the Administration of FY 2022, 2023, and 2024 Innovative Finance and Asset Concession Grant Program, and the policies and procedures prescribed by the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21,Non- discrimination in Federally-assisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the Recipient all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof (HABENDUM CLAUSE) TO HAVE AND TO HOLD said lands and interests therein unto Recipient and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the Recipient, its successors and assigns. The Recipient, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and.assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and] ` (2) that the Recipient will use the lands and interests in lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21,Non- discrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended[, and (3) that in the event of breach of any of the above-mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said land, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.) APPENDIX C CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE ACTIVITY,FACILITY, OR PROGRAM The following clauses will be included in deeds, licenses, leases,permits, or similar instruments entered into by the Recipient pursuant to the provisions of Specific Assurance 7(a): A. The (Recipient, lessee,permittee, etc. as appropriate) for himself/herself, his/her heirs,personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add"as a covenant running with the land"] that: 1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease,permit, etc.) for a purpose for which a U:S. Department of Transportation activity, facility, or program is extended or for•another purpose involving the provision of similar services or benefits, the (Recipient, licensee, lessee, permittee, etc.)will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds of race, color, or national origin,will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. A. With respect to licenses, leases,permits, etc., in the event of breach of any of the above Non- discrimination covenants,Recipient will have the right to terminate the (lease, license,permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.* B. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the Recipient will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the Recipient and its assigns.` (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.) APPENDIX D CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE ACTIVITY,FACILITY OR PROGRAM The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by Recipient pursuant to the provisions of Specific Assurance 7(b): A. The(Recipient, licensee,permittee, etc., as appropriate) for himself/herself,his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, "as a covenant running with the land")that (1) no person on the ground of race, color, or national origin,will be excluded. from participation in, denied the benefits of, or be otherwise subjected to-discrimination in the use of said facilities, (2)that in the construction of any improvements on, over, or under such land, and the furnishing of services thereon, no person on the ground of race, color, or-national origin,will be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the(Recipient, licensee, lessee,pernnittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance. A. With respect to (licenses, leases,permits, etc.), in the event of breach of any of the above Non- discrimination covenants,Recipient will have the right to terminate the (license,permit, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said(license,permit, etc., as appropriate) had never been made or issued.* B. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants; Recipient will there upon revert to and vest in and become the absolute property of Recipient and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.) APPENDIX E During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the"contractor") agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C.. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 C.F.R. Part 27; • The Age Discrimination Act of 197;5, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 • and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities,public and private transportation systems,places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 — 12189) as implemented by Department of Transportation regulations at 49 C.F.R. Parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute(49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color,national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended,which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. § 1681 et seq). IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18`h day of November 2024. No. 43097-111824. A RESOLUTION adopting and endorsing the 2024-2025 Legislative Program for the City to be presented to the City's delegation of the General Assembly; and authorizing the City's legislative liaison to advocate the positions of the City with respect to matters presented during the 2025 Session of the General Assembly. WHEREAS, previous Legislative Programs of the City have been responsible for improving the efficiency of local government and the quality of life for citizens of this City and our Blue Ridge region; WHEREAS, Council is desirous of again adopting and endorsing a Legislative Program to be advocated by the Council and its representatives at the General Assembly; WHEREAS, Council is also desirous to authorize its legislative liaison to advocate the position of the City on matters that may affect the City that are not specifically included in its Legislative Program in an efficient and effective manner; and WHEREAS, the Legislative Committee of City Council has recommended to Council a Legislative Program to be presented at the 2025 Session of the General Assembly. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the 1. The Legislative Program transmitted by the Legislative Committee is hereby adopted and endorsed by the Council as the City's official 2024-2025 Legislative Program for the 2025 Session of the General Assembly. 2. Council authorizes the City's legislative liaison to advocate on all matters that arise during the 2025 Session of the General Assembly that may affect the interests of the City. With respect to matters that are not specifically included in the 2024-2025 Legislative Program, the City's legislative liaison shall first advise the Chair or Vice Chair of the Legislative Committee and the Interim City Manager or designee of the particular matter and the position that the City should advocate and shall receive the consent of the Chair or Vice Chair of the Legislative Committee and the Interim City Manager or designee to proceed. 3. At the School Board meeting held on October 8, 2024, the School Board approved the 2024-2025 Legislative Program. ATTEST: City Clerk. City of Roanoke Legislative Committee s 1:' r { I ! 1M f R I 1 r illi ti 4. ti,.. 11 t p 1 J 6 - . , .. ,0,,,..,41-1'.. ‘ r N. "Moonrise over Mill Mountain"by Photojournalist Eric Brady Published with permission of the Roanoke Times Legislative Program for the 2025 General Assembly Session 2025 Legislative Requests: Legislative Priorities Sponsored by the City of Roanoke 1. Charter Amendments a. The City of Roanoke supports the amendment of its charter to make the Director of Real Estate Valuation a Council appointed officer b. The City of Roanoke supports the amendment of its charter to change the date of council and mayoral election from May to November. 2. Public Safety a. Interstate Reciprocity for Law Enforcement Act-The City of Roanoke is in support of legislation to create reciprocal allowance between the Commonwealth of Virginia and other states, in order to recognize the professional certifications of law enforcement officers from other state accredited agencies with similar standards to the Virginia DCJS. Enacting legislation would achieve mobility for officers,consistency in standards and enhanced recruitment and retention.This would improve public safety and reduce costs. b. Establish mandatory minimum-The City of Roanoke is in support of legislation to enhance sentencing for individuals found guilty of manufacturing, selling, giving, distributing or possession with intent to manufacture,sell, give, or distribute Fentanyl.Thousands die from overdose every year, with Fentanyl being a top contributor. Establishing a mandatory minimum sentence would keep dealers off the streets for longer periods of time and serve as a possible deterrent for would-be dealers of Fentanyl.A mandatory minimum sentence would also reduce incidents that would save the Commonwealth money spent in manpower and supplied currently being used by first responders. c. Enhanced Accountability for Adults-The City of Roanoke is in support of legislation involving holding adults accountable not only for directly encouraging a child's possession or use of a firearm,but also for failing to take reasonable measures to prevent a child from accessing firearms.Amendment of Code 118.2-371 would prevent gun-related issues involving children, reduce youth involvement in violence, and promote safe firearm practices. d. Retaining,Attracting,and Continuing necessary training for 911 first responders- The City of Roanoke is in support of legislation to provide additional resources from the state for continued training for 911 first responders. 3. Economic Development The City supports legislation that would promote cooperation between the City and any institution of higher learning that might bring new development of innovative businesses and industry to the City of Roanoke. The City asks and supports the efforts of the Commonwealth to financially aid in such development. 4. Budget and Funding a. Increase in Funding for Enterprise Zoning(EZ Program)-The City of Roanoke is in support of an increase in funding for the EZ Program, administered by the Virginia Department of Housing and Community Development.With an expansion, an increase in funding will prevent the dilution of the current funding pool for localities with an existing EZ Program. Code Section 59.1-542 Enterprise zone designation would require amendment. b. Stormwater Local Assistance Funds-The City of Roanoke is in support of amending code section 62.1-44.15:29.1 to ensure that SLAF funds are distributed to all eligible projects across localities in Virginia. Changes to this code would provide predictable and equitable access to funds for localities throughout the Commonwealth, ensure fair resource distribution to address stormwater management needs, and allow localities to prioritize projects that deliver the most community benefit,encompassing a broader range of project types. c. Increase Jail Compensation-The City of Roanoke is in support of legislation to increase compensation for local jails housing state responsible inmates. d. Affordable Housing-The City of Roanoke is in support of legislation to address the supply and demand of affordable housing needs of Virginia's lowest income households. e. Communications Tax-The City of Roanoke is in support of legislation to modernize the communications sales and use tax structure to reflect the modern telecommunications landscape.The communications tax has not been reviewed or updated since its imposition in 2007. f. Workers Compensation-The City of Roanoke opposes the expansion of workers compensation presumptive illness eligibilities for public employees without additional state funding. Legislative Priorities of the Roanoke City Public Schools 1. Education a. Student Health and Safety-The City of Roanoke supports legislation that would prohibit vaping within 1000 feet of any school building. b. Local Control-The City of Roanoke supports legislation in support of the unique community needs of local School Boards.Teaching and learning are a complex process.Public education is a national priority, and a state responsibility,but is ultimately a local function. c. School Safety and Security-The City of Roanoke supports legislation to require internet companies doing business in the Commonwealth of Virginia be required to protect schools, health care facilities and place of worship. Threats against schools require the coordinated response of school leaders and law enforcement to rapidly determine the credibility of any threats.Most threats are made by electronic means, and internet companies doing business in Virginia must be responsive to law enforcement to reduce trauma,fear, and negative impacts of lost instructional time when investigations are unnecessarily delayed waiting for records, d. Commitment to Serving All Students-The City of Roanoke supports legislation to improve outcomes of all students,understanding that diverse families make up our community, and optimize the individual students educational experience. e. Governance and Budget-The City of Roanoke supports legislation in accordance with the JLARC Recommendations including 1)elimination of support staff cap on positions,2)calculation of salary and other cost assumptions using the division average rather than the linear weighted average,3)adjust the SOQ formula to remove the cap on non-personnel costs assumptions for facility staff costs. f. Employee Compensation-The City of Roanoke supports legislation to support compensation for K-12 to ensure quality education for students. g. Assessment and Accountability Modernization-The City of Roanoke supports legislation for implementation of the new accountability system by providing time for the first iteration to be refined and support it with an extension of the flexibility provided to schools by the 2024 General Assembly.The City of Roanoke also supports legislation to allow an extension of one additional year on Virginias contract with Pearson. Other Legislative Items Supported by the City of Roanoke: 1. Sustainability Extended Producer Responsibility (EPR) Bill- The City of Roanoke is in support of introduction of a EPR Bill to reduce the impact and costs of environmental pollution primarily caused by the production of plastic waste. Production of plastic waste has doubled in the last twenty years and is expected to triple by 2050. This causes environmental and health concerns as methane gas is a primary component in plastics. The purpose of an EPR Bill is to save localities and tax payers money by reducing landfill and recycling costs, cutting down on litter, lowering toxic pollution, and help mitigate climate change by requiring producers of plastics and packaging to bear responsibility for their products environmental impacts, including the costs of recycling and proper disposal. 2. Land Bank The City of Roanoke supports legislation to increase the limit on assessed value for the land bank. 3. Transportation Museum The City of Roanoke supports the resubmission of the request to make the Transportation Museum a state agency. 4. Housing Opportunity Tax Credit(HOTC) The City of Roanoke supports the renewal of the HOTC which is due to sunset in 2025. l' Y,, CITY OF ROANOKE ---riii . ' OFFICE OF THE CITY CLERK r j' '`' 215 Church Avenue,S.W.,Room 456 . " Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 _--�, ,•• Fax: (540)853-1145 E-mail: clerk n roanokeva.gov CECELIA F.MCCOY,CMC CECELIA T.WEBB,CMC City Clerk Deputy City Clerk • RUTH VISUETE PEREZ Assistant Deputy City Clerk November 20, 2024 Balzer and Associates Ben Crew 1208 Corporate Circle Roanoke VA 24018 Dear Ben Crew: Enclosed is a copy of Ordinance No. 43098-111824 repeal conditions proffered as part of a previous rezoning at 0 Brandon Avenue SW, Official Tax Map No. 5200119, and to rezone 0 and 0 Brandon Avenue SW, Official Tax Map Nos. 5200119 and 5200115, respectively, from CG, Commercial-General District, with conditions, and MX, Mixed Use District, to CG, Commercial-General District, with conditions. The conditions proposed for repeal, adopted through the enactment of Ordinance No. 32751, include: land use for a highway convenience store with restaurant and fueling stations, and substantial conformity with a development plan and renderings that specifies location of buildings and infrastructure, and building design. The land use categories permitted in CG include residential; accommodations and group living; commercial; industrial; assembly and entertainment; public, institutional and community; transportation; utility; agricultural; and accessory, with no maximum density and floor area ratio as specified on the development plan. The comprehensive plan designates the property for commercial corridor use. The_ above referenced measure was adopted by the Council of the City of Roanoke at the regular meeting held on Monday, November 18, 2024. Sincerely, 6.6(41,6:: t...v1-- 1)7f-efi-°`c-k . Cecelia F. McCoy, CMC City Clerk Enclosure i pc: Maisey's Metropolis, LLC, 3807 Brandon Ave SW, Suite 245 Roanoke, VA 24018 CSW Associates Roanoke, LC, 3807 Brandon Ave SW, Suite 245 Roanoke, VA 24018 Poplar Hill Limited Partnership, LLC, 3752 Brandon Ave SW, Roanoke,-VA 24018 Brandon Point Office, LLC, 3807 Brandon Ave Suite 2440, Roanoke, VA 24018 William Lester, 3807 Brandon Ave, SW, Suite 245, Roanoke, VA 24018 Bluestone Industrial PC, LLC, 6005 Cavalier Dr, Roanoke, VA 24018 Lee-Hy Manor, 3760 Stratford Park Dr SW, Roanoke, VA 24018 The Honorable Brenda Hamilton, Circuit Court Clerk Dr. Lydia Patton, Interim City Manager Angela O'Brien, Deputy City Manager Christopher Chittum, Director, Planning Building & Development Timothy Spencer, City Attorney Laura Carini, Senior Assistant City Attorney Kelvin Bratton, Director of Real Estate Valuation Luke Pugh, City Engineer Emily Clark, Secretary to the City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE,VIRGINIA The 18th day of November 2024. No. 43098-111824. AN ORDINANCE to repeal conditions proffered as part of a previous rezoning of certain property located at 0 Brandon Avenue, S.W., Official Tax Map No. 5200119, and to rezone certain property located at 0 and 0 Brandon Avenue, S.W., Official Tax Map Nos. 5200119 and 5200115, respectively, from CG, Commercial-General District, with conditions, and MX, Mixed Use District, to CG, Commercial-General District, subject to certain conditions proffered by the applicant; and dispensing with the second reading of this ordinance by title. WHEREAS, Maisey's Metropolis, LLC has made application to the Council of the City of Roanoke, Virginia("City Council"), to repeal conditions proffered as part of a previous rezoning of certain property located at 0 Brandon Avenue, S.W., Official Tax Map No. 5200119, and to rezone certain property located at 0 and 0 Brandon Avenue, S.W., Official Tax Map Nos. 5200119 and 5200115,respectively, from CG, Commercial- General District, with conditions, and MX, Mixed Use District, 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 November 18, 2024, 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 1 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 to repeal conditions proffered as part of a previous rezoning of certain property located at 0 Brandon Avenue, S.W., Official Tax Map No. 5200119, and to rezone certain property located at 0 and 0 Brandon Avenue, S.W., Official Tax Map Nos. 5200119 and 5200115, respectively, from CG, Commercial- General District, with conditions, and MX, Mixed Use District, to CG, Commercial- General District subject to certain conditions; proffered by the applicant, as set forth in the Zoning Amendment. Amended Application No. 1 dated October 18, 2024. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. _-__.i ATTEST: //�� . City Clerk. _ :\. 2 CITY COUNCIL AGENDA REPORT . 4 g To: Honorable Mayor and Members of City Council Meeting: November 18, 2024 Subject: Application by Maisey's Metropolis, LLC, to repeal conditions proffered as part of a previous rezoning at 0 Brandon Avenue SW, Official Tax Map No. 5200119, and to rezone 0 and 0 Brandon Avenue SW, Official Tax Map Nos. 5200119 and 52001 15, respectively, from CG, Commercial-General District, with conditions, and MX, Mixed Use District, to CG, Commercial-General District, with conditions. Summary: By a vote of 5-0, with Commissioner K. Atwood and K. Berry absent, the Commission recommends approval of the zoning amendment request, finding that the Amended Application No. 1 is consistent with the general principles within the City's Comprehensive Plan, Greater Deyerle Neighborhood Plan, and the Zoning Ordinance as the subject property will be developed and used in a manner appropriate to the surrounding area. Application Information: Request: Repealing Proffered Conditions Rezoning to CG, with conditions Owner/Applicant: Maisey's Metropolis, LLC Agent: Ben Crew, Balzer and Associates, Inc. City Staff Person: Katharine Gray, Principal Planner Address: 0 & 0 Brandon Avenue SW Official Tax No: 52001 19 and 5200115 Site Area: +/- 2.35 acres Relevant Plans: Greater Deyerle Neighborhood Plan Proposed Land Use: Hotel Future Land Use: Commercial Corridor Filing Date: Original Application: September 30, 2024 Amended Application No. 1 : October 18, 2024 Public Notification and Outreach: • Roanoke Times Legal. Advertisement (runs two-consecutive Tuesdays) Required Public Notice - • Letters to Property owners abutting subject State of Virginia Code property (includes across street/alley) • Direct notice by mail includes neighboring localities if applicable Required Public Notice - • Posting a sign on the subject property with City of Roanoke Zoning hearing date and contact for additional Code information • • Posting applications - applications received are posted on the PBD Board & Commission page, providing instant access to the full application and supporting documentation • CivicSend Notices - Email notification subscription to share information with citizens and stakeholders according to their PBD Outreach Beyond preferences. Land Use Applications touch State/City Code the inbox of subscribers at least 2 times - Requirements 1 ) Application filed; 2) Agenda and Staff Report Posting; 3) Amended Information, if applicable • Neighborhood Leaders and Civic Stakeholders Email Notice - Direct email to leaders to share information; coincides with CivicSend Notices • CivicSend Notices for land use applications typically reach more than 1 ,800 subscribers • All applicants are strongly advised to PBD Recommended discuss project with area neighborhood Applicant Outreach organizations and/or civic leagues and adjoining property owners and/or tenants Applicant Outreach • Unknown Background: The property at 0 and 0 Brandon Avenue SW was rezoned in 1995 to allow for a highway convenience store with restaurant and fueling stations for nine vehicles, however, the proposed development was never built. The applicant now wishes to construct a hotel on the property, but the proffered conditions restricting development to substantial conformity with a development plan and particular uses do not allow such development. Therefore, the applicant wants to repeal the existing conditions and rezone the property to CG, 2 Commercial General District, with conditions restricting development to a new development plan and a broader category of uses. Proposed Use/Development: The applicant requests that the following proffered conditions enacted by Ordinance No. 32751 be repealed as they pertain to Official Tax Number 5200119: 1 . The property will be developed in substantial conformity with the concept plan prepared by Balzer & Associates dated August 16, 1995, subject to any changes required by the City during site plan review and further limited to nine fueling stations. 2. The structures constructed on the property will be constructed in substantial conformity with the rendering prepared by Balzer and Associates dated September 27, 1995 a copy of which was submitted to the Planning Commission at its regular meeting on October 4, 1995, subject to any changes required by the city during site plan review. 3. The walkway from the principal structure to the gas pumps and the canopy over the to the gas pumps shall have pitched roofs in substantial conformity with the roof structures as shown on the concept rendering for the remainder of the facility. 4. The property will be used as a highway convenience store with restaurant with fueling stations for nine vehicles. 5. The hours of operation will not be longer than from 6:00a.m. to 12:00 midnight. 6. Should the property not be developed within two years from the date of rezoning by City Council, zoning on the property will revert to Zoning District C-1 , Office District. The applicant proposes to rezone the property (Official Tax Numbers 5200115 and 52001 19) to CG, Commercial General District, with conditions requiring development in substantial conformity with a development plan and limiting uses as follows. 1 . The property will be developed in substantial conformity with the development plan prepared by Balzer and Associates, Inc., dated October 18, 2024, a copy of which is attached to this application as Exhibit A, subject to any changes that may be required by the City during comprehensive development plan review. 3 2. Allowable Uses shall be as follows by right or by special exception. (Special Exception Noted in Italics) Dwellings Bed and breakfast Group living Hotel or motel Short-term rental Business services not otherwise listed Financial services Laboratory, dental, medical, or optical Laboratory, testing and research Medical clinic . Office, general or professional Animal hospital or veterinary clinic, no outdoor pens or runs Animal hospital or veterinary clinic, outdoor pens or runs Animal shelter Caterer, commercial Community market Drive-through facility Drive-through kiosk Funeral home Kennel, no outdoor pens or runs Kennel, outdoor pens or runs Live-work unit Mixed-use building Studio/multimedia production facility Bakery, confectionary, or similar food production, retail Building supplies and materials, retail Car wash, not abutting a residential district Contractor or tradesman's shop, general or special trade Dry cleaning plant or commercial laundry' General service establishment, not otherwise listed Laundromat Nursery or greenhouse, commercial Personal service establishment, not otherwise listed in this table Retail sales establishment, not otherwise listed Borrow or fill site Workshop Amusement, commercial, indoor Club, lodge, civic, or social organization Community center Eating establishment Eating and drinking establishment, not abutting a residential district Eating and drinking establishment, abutting a residential district Health and fitness center Meeting hall, not abutting a residential district Microbrewery or micro distillery not abutting a residential district 4 Microbrewery or micro distillery abutting a residential district Park or playground Place of worship Recreation, indoor Recreation, outdoor Theater, movie or performing arts Artist studio Community food operation Community garden Community housing services Day care center, adult Day care center, child Day care home, adult Day care home, child Educational facilities, business school or nonindustrial trade school Educational facilities, college/university Educational facilities, elementary/middle/secondary Educational facilities, industrial trade school Educational facilities, school for the arts Family day home Fire, police, or emergency services Government offices or other government facility, not otherwise listed Library Museum Post office Supply pantry Broadcasting studio or station Utility distribution or collection, basic Utility distribution or collection, transitional Wireless telecommunications facility, small cell on existing structure Wireless telecommunications facility, stealth Wireless telecommunications facility, not otherwise listed Accessory uses, not otherwise listed in this Table Accessory Dwelling Unit Home occupation, excluding personal service Electric Vehicle Charging Stations Home occupation, personal service Homestay Recycling collection point Solar Energy System Considerations: Compatibility with Surrounding Land Uses: The property has been undeveloped, while the area around it has developed into a commercial corridor with the exception of a few parcels including these 5 and the 70-acre parcel to the south of Brandon Avenue. A hotel fits well into the area and the proffered conditions limit the uses to those that are appropriate in a commercial area transitioning to large-scale residential and group living uses. Zoning District Land Use North RMF, Residential Dwelling, large apartment buildings South RA, Agricultural Dwellings East CG, Commercial General, with Vacant; Various general conditions commercial uses beyond West MX, Mixed Use _ Office and Group Living • The future land use plan from the City Plan 2040 designates this area for commercial corridor use. Applicability/Appropriateness of Proposed Zoning District: The purpose of the CG District is to permit motor vehicle dependent uses that are generally developed as single use developments on individual lots, subject to landscaping, access, and signage standards. Such development is generally characterized by individual curb cuts, access drives, and signage. It is intended that this district be applied primarily along heavily traveled arterial streets, with an emphasis on clustering such development at major intersections. While recognizing the motor vehicle traffic generated by the uses permitted in this district, it is the intent of the regulations of the district to encourage and recognize pedestrian access and public transit forms of transportation by locating parking to the side and rear of buildings and minimizing conflict through landscaping and signage standards. The uses permitted in this district generally require a high volume of traffic along the frontage of the establishment and include horizontally oriented buildings. Such permitted uses include general retail establishments, offices, service establishments, motor vehicle related sales and service, eating establishments, and entertainment uses. The CG District is also intended to accommodate travel-oriented uses such as hotels, motels, and gasoline stations. This particular proposal would allow development with uses, built form, and site development that would match the character of the surrounding area. Availability of Other Property: The property is located along Brandon Avenue SW in an area of commercial development that is specified in the comprehensive and neighborhood plans for commercial corridor development. There are no other properties in this area, other than the one in rezoning request, which are available, similarly situated, and zoned to allow this type of development. 6 Consistency with Comprehensive Plan: Both City Plan 2040 and the Greater Deyerle Neighborhood Plan support commercial development of this property. Policy/Action Plan Applicability to matter LBE Priority One Policy 1 Comprehensive The rezoning will allow the Action: Proposed development (infill Plan', Livable property to be developed in a development, alterations, Built Environ- manner that reflects the renovations, and additions) should ment Theme character of the surrounding create or enhance a distinctive commercial and large-scale • character that relates well to the • residential area • surrounding community RE Priority Three Policy 5 Comprehensive This particular rezoning Action: Avoid adding to the Plan , Resilient request is appropriate as it oversupply of general commercial and Economy changes the zoning of the industrial land and closely scrutinize Theme property in the commercial land use requests that add to the corridor to a commercial type supply of such zones zoning as proposed in the comprehensive and neighborhood plans. Economic Development Policies: Greater Deyerle The repeal of proffered Existing underused commercial Neighborhood conditions and rezoning will properties should be developed or Plan 2, pg. 49. allow the existing redeveloped before rezoning commercially zoned property additional land for commercial use. along Brandon Avenue to have commercial uses without changing additional land to commercial use. Comments on Application: Planning Commission Work Session: The proposed uses and site development were discussed at the Planning Commission work session. Additional information was requested for the street facing facades, freestanding signage, and retaining walls along Brandon Avenue SW. The applicant submitted Amended Application No.1 responding to most of the items noted. ' City Plan 2040, City of Roanoke, 2020 2 Greater Deverle Neighborhood Plan, City of Roanoke, 2006 7 Interdepartmental Comments: General comments were provided from the Western Virginia Water Authority, Fire department, and the Planning Building and Development department related to: water and sewer availability, fire code standards, building and zoning subdivision requirements, and the permitting process. Public Comments: Two comments were received requesting the entrance/exit on Brandon Avenue be eliminated to enhance safety. Public Hearing: No comments received. Conclusions and Recommendations: The principal consideration is whether the proposed rezoning is consistent with City Plan 2040 and the Greater Deyerle Neighborhood Plan. The proposed change better aligns the zoning of the property to that called for in the comprehensive and neighborhood plan. The repeal of proffered conditions and rezoning to CG, Commercial General District, with a condition requiring development in conformity with the development plan and restricting uses to those compatible with the surrounding area, is in keeping with the overall goals of these plans. 'rrtaii•-k Frank C. Martin, Ill, Chair6k—; City Planning Commission Enclosure: Attachment A, Zoning District Map Distribution: Dr. Lydia Pettis Patton, Interim City Manager Angela O'Brien, Assistant City Manager Chris Chittum, Director of Planning Building and Development Jillian Papa Moore, Deputy Director of Planning Building and Development R. Wayne Leftwich, Jr., Planning Manager Katharine Gray, Planning Commission Agent Timothy Spencer, City Attorney Laura Carini, Senior Assistant City Attorney Paige Lester Pruett Revocable Trust, Maisey's Metropolis, LLC Kimberlee Wright Lester, Maisey's Metropolis, LLC Ben Crew, Balzer and Associates, Inc. 8 Attachment A ATTACHMENT A ZONING MAP EXCERPT oo 0 ,Z00 0 BRAN9. ON AVENUE SW % OFFICIAL AX MAP NOS. '�r cG: 5200115$5200199 w x � �, 4a17 COIYL erciai•General 520011$o- ^ maw RMF Res $ '9ebtclPmpeiry NX(a!•Nlaatl W � �e 11;7ICantleamai Multifamily NXPi1D'MnaO UsV PlannW � �v`lr, ZONING MX Dev f' p'i,T i' AOtlWpon Oe+ NXPUD(el:M6odU.o t 7 F° p 3 • ' (`-fit P amen Ua i D.Cwtlr onW `9. AD(o:A6poR ev. s ..w)r Rea smprasamy � :w �� ®CO:Cenwon:bl-0Merel o R•72e Rea SNOe•faa>y wis oci * { A. �a4?"r.�." CG�C)• " 0(aTcon,me�oal.Denaer t- iConQNon" Commercral'�G neral] on@dmwl R-]:Rn Singlo-FertO/ -� � •tea �.. M �'tts:eama a aeua ga sne - R.x 1,Rea Sm9�.Fa 7y con.Ct l t i o n a l conamnw ; S,ClS1al:Cowmoitiallorye Ord#327$1 '}f - Legend RRr�I Sl�i CanOaW W „�R. Ree Sl�pkFeMfy � .� �.f �eyN o 1▪t co�aa poi s¢°c'Foeuy r ;• �.r.• �, OtS4.C°''''' b R.1.Rsa 5lnB�a•Famly &, • 1ig°tNe c*"`"D aConONond # -ae �a • • - .+",%„' " R•)(el.Acs 51npm•Feunay ro ��'a 1.'I "�'s2oo t �. nettN� .tr D¢w.eevn a. g°^t RA:ReaAHrku¢uol x .• ..-Y Mel:Dormtorm Coriatlarinl AgriG¢wal • �' RA(c):Rob S I.1 t;m on)uWi 1"���Can4Xionsl ,a; •\. 4Y I•lre);U H4 bNwfrW "RM-7'RN Nhea y .ate. n h4VC¢riWlorol 2�t7.19 RM•1(ey Ref Mdetl Deiq�j ®I.2.Meevy ImaxlMI 1:�.."i Cw.d;bo.ol ,p'� I4oaw aaoavw :, RM.y Raa ahW OenMy ",. „'x- !�. A Condbonel •: 5 a'�" ' RM3(cf Rea Nhatl Devilry � • � `.. ✓ -i auWwbnnl I_—Iconon,mwl F 4 r ,,,„, « 4W(d:Ntleuennel conarforw T RMF;RE.MueimNy 3 ". a MX:1MIXeCI t INPUD:Inamueontl PoYnned ..��RMP(p.Rea waowmuy Una Dar )tr-i CwNaoivl a '']. >•+ wP npd UInaMWfend ROE:"'" YM Opon a Ptumatl Uaa Dev Cantlacnol SAace • ,- ®!Pilo:amaawl PWmotl unapti ROS(c1:"' embn sb 5200106 l 114,.., O� Dev Open spats GOMa4nai • � Q� �O kPVIXd. ...NI Ptennca on UF:Ikbon Flea i� aV ^ UnU Dar CoMitJorwl UF(q;Wban Fba Q MX:Mhetl U¢e �CAn¢2bMla e ", z & a �T4 RmCAlnn Overlq,A a `^:C6•�"•e :" ;�O IF,4AGE'RY.BIOFOO... RA: ROB Res-Agricultural ®Ratl HONE Woe NONE l 5190101 -Bbs• NONE 4 r• AR HILL P PL" RMF(A): Res r I r i ► I I . MuN ltifanulyyC no ditional 0 25 50 100 Feet o�drt40303ro72o15 • .4 1 inch=104 feet �5180304' , • „ _ .0 . _ , „„z...., ,: -......, ,- -- 6-. ,:-I . -..,..: .A\: ,. . -, ',:: --.,:a .. . leritc-47,---11 , ._, .. . _ :' ...,..,,,. , fe . ut ot... : .,‘ ;Iii ,,_1 ( ,, c__ , It k ', • " , °,,,i s QQ' C I io Department of Planning;Building and Development Room 170,Noel C.Taylor Municipal Building 215 Church Avenue,S.W. Roanoke,Virginia 24011 -:Click Here to Print :' Phone: (540)853-1730 Filing Date: 10/18/2024 j`(( �yr(��y} Submittal Number: Amended Application No.1 A F' S.(Ij•. y Fin r-511`:•,;1•'_l8'fl';" .I ❑ Rezoning, Not Otherwise Listed 0 Amendment of Proffered Conditions Jzi Rezoning,Conditional 0 Amendment of Planned Unit Development Plan ❑ Rezoning to Planned Unit Development ❑Amendment of Comprehensive Sign Overlay District ❑Establishment of Comprehensive Sign Overlay District I2PareWl frirI ton. Address: 0 Brandon Avenue SW&0 Brandon Avenue SW Official Tax No(s).: 5200115&5200119 Existing ❑ Without Conditions Ordinance 32751 for CG Portion Zoning: Portion CG and Portion MX [X( With Conditions No(s).(if ElPlanned Unit Development applicable): Requested ❑ Without Conditions Proposed Hotel Zoning: CG,Commercial-General �C With Conditions Land Use: 0 Planned Unit Development P toper& O, :;.er I a ma tone Name: CSW Associates Associates Roanoke,LC Phone Number: 5409893653 Ad ess: 3807 Br d n Ave ue SW Suite 245 Roanoke,VA 24018 E-mail: kim@csw-associates.com --(0_,O .L1.1 Proper Oh s SgnaNre: In Name: Maisey's Metropolis,LLC Phone Number: 5409893653 Address: 3807 Brandon Av nu SW Sui a 245 Roano ,VA 24018 E-mail: palge_lester@yahoo.com qv KK)U\P --- .._ _ Aprucam's&ynaora A ho ized A en I u ma;in `' aril ea i ks Name: Balzer and Associates,Inc. do Ben Crew Phone Number: 5407729580 Address: 1208 Corporate Circle Roanoke,VA 24018 E-mail: Bcrew@Balzer.cc Authorized Agent's Sgna : }r• A' ',:::-L- 1 ,'-'-r- A '11.@'. r - -11:,, ":, . i , ig,' , 4 . t . 0 . 0 ........ ,,,, , . JI___ :-.3. ,, ,./., „ � __prr'@tH {... , 4, :...,,, ........ :).... _ . ...,.,,_... t, ..„..),„.... ........,....... ... .„...„„, . ..... ,,..., u:4-tii0-,.. 0..a.„.0.:A.,-,,,,.,e,4. vt„... v. - , - .... ..., .. , 7 Completed application form and checklist. 7 Written narrative explaining the reason for the request. f Metes and bounds description,if applicable. X Filing fee, I r . t,ng i n t o i is ed,t Q 11o5 ing 6M:1:MU s f ectw f" Concept plan meeting the Application Requirements of item'2(c)'in Zoning Amendment Procedures. a esondi onal it`.ol oringalg. 'fallioZebrini e j7 Written proffers. See the City's Guide to Proffered Conditions. ' Concept plan meeting the Application Requirements of item'2(c)'In Zoning Amendment Procedures. Please label as "'development plan'if proffered. Wp vat o •o` t 10 ino--katitlq 1sua t ed ��.5 I-j Development plan meeting .�the �„,requirements of Section 36.2-326 of the City's Zoning Ordinance. r .0 Dom• p ttra r flY .. :/ gym 1— Comprehensive signage plan meeting the requirements of Section 36.2-336(d)(2)of the City's Zoning Ordinance. V •m„i aka- (T ttp o,e. 1 co d ion Y nEi'b- o ophQ atfa di?>4 : ed 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. • f l Copy of previously adopted Ordinance. r1�. ki ai1 3 , Ye1op 1-2 i ,, a1. r pa °i ( a ✓ Amended development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. ✓ Copy of previously adopted Ordinance. °M( °, °- ° O lai e`t°` (ignA u t t t ✓ Amended comprehensive signage plan meeting the requirements of Section 36.2-336(d)of the City's Zoning Ordinance. ✓ Copy of previously adopted Ordinance. o ._ ia1 oR o 0 0- f -a $t• c study. sulim 9 `o} ftlf o o7►u" � `o ed. f' A Traffic Impact Study in compliance with Appendix B-2(e)of the City's Zoning Ordinance. n 00 ttn req ..t: tj affie a :11)(YrufWililtotp 'o- .t b IA ots ✓ Cover sheet. f— Traffic impact analysis. r Concept plan. ✓ Proffered conditions,if applicable. E Required fee. *An electronic copy of this application and checklist can be found at www.roanokeva.govlplanningcommission. A complete packet must be submitted each time an application is amended,unless otherwise specified by staff. ‘*'`4 7:4 .. ,. ',:.' . l `rya + a P � ' ) l7 — a - e. ,. a .....,„ „...,:, . , „,:. ,,i .. ,., .„ _.: ..„....i4 .: ....1 ., . .,... +�:.,,,,,,,., , ,r `'aaxw,r„:., i e.z _®..�ci'j.,,\'. '' utic.,.. .1c,{(3,E,..... . � Department of Planning,Building and Development Room 170,Noel C.Taylor Municipal Building 215 Church Avenue,S.W. Roanoke,Virginia 24011 ::..Click Here to Print Phone: (540)853-1730 r Filing Date: 10/18/2024 Submittal Number: Amended Application No.1 tex is N ill u1tthda ap. .I r..a..) ❑ Rezoning,Not Otherwise Listed c J]c.Amendment of Proffered Conditions El Rezoning,Conditional ❑ Amendment of Planned Unit Development Plan • ❑ Rezoning to Planned Unit Development ❑ Amendment of Comprehensive Sign Overlay District ❑ Establishment of Comprehensive Sign Overlay District II'; perffi Iiforma ion. Address: 0 Brandon Avenue SW&0 Brandon Avenue SW Official Tax No(s).: 5200115&5200.119 Existing ❑ Without Conditions Ordinance Zoning: MX,Mixed Use ❑ With Conditions No(s).(If ElPlanned Unit Development applicable) Requested ❑ Without Conditions Proposed Hotel Zoning: CG,Commercial-General ❑X With Conditions Land Use: ❑ Planned Unit Development 7 Name: CSW Sliver,LLC Phone Number: 5409893653 Address: 80 ' randon enue W Suite 245 Roanoke,VA 24018 E-mail: kim@csw-associates.com _t- 1_.L.. Lam. Propetly0aneeSSgne•te: - �� 6' *` +� a ; ` t9 orate -O 4'1 :i i eren 3Q 43,T; ei3 e Name: Maisey's Metropolis,LLC Phone Number: 5409893653 Address: 3807 Brandon Avenue SW Suite 2 5 Roanoke, 4018 ". E-mail: palge_lester@yahoo.com r--\2L- ki A /' \ 1 Aptd'oants sgetue: - ! : in 1`- nfo . -ti ni .z i 'C=b M, _ Name: Balzer and Associates,Inc. do Ben Crew Phone Number: 5407729580 Address: 1208 Corporate Circle Roanoke,VA 24018 E-mail: Bcrew@Balzer.cc Avflonzed Agents SIgnetute '' - melt c-Hry-D. : . . ,a,',r . ._. #z -_=wi..a•.,w�a.* •,,. «..�...•�,. _ ...,sec j ' Completed application form and checklist. j7 Written narrative explaining the reason for the request. r Metes and bounds description,if applicable. jze Filing fee. iraltaa CaraftbgtkAWa ©vUle gigangnaal E Concept plan meeting the Application Requirements of item'2(c)'In Zoning Amendment Procedures. 10 ° ° lOni y)5010th Oft Stig**414 .s ; ° j 'Written proffers. See the City's Guide to Proffered Conditions: ry Concept plan meeting the Application Requirements of item'2(c)'in Zoning Amendment Procedures. Please label as 'development plan'if proffered. ed r Development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. liV eo•—eV e s'Y:. ;JJto a "°'s '05{ o a I. °arelt. a 0t r Comprehensive signage plan meeting the requirements of Section 36.2-336(d)(2)of the City's Zoning Ordinance. T r �_ °T,n `�L`1G (,° o e. .con° ft i Qi ai a iM trAv.C> ' r- Amended development or concept plan meeting the Application Requirements of item'2(c)'in Zoning Amendment Procedures, If applicable. r Written proffers to be amended. See the City's Guide to Proffered Conditions. r- Copy of previously adopted Ordinance. f o lan`,ed r„° •M o° Maittfig fall@ 'T a ft 0V {� Amended development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. r• Copy of previously adopted Ordinance. Fob co ° e e�.si s o�:e"... '� d• e quell' the of o,.i 7 pat:.lao.be a s r 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. ai4 „z � . r aao ° ° _... ✓ A Traffic Impact Study in compliance with Appendix B-2(e)of the City's Zoning Ordinance. . u�,�Jl�'�' °° 111WCOdftel 'QartRym �ik� TO4faw o 14110V MO o�� GIAlamo tomott o { fl r" Cover sheet. I— Traffic impact analysis. r" Concept plan. r"- Proffered conditions,if applicable. r Required fee. *An electronic copy of this application and checklist can be found at www.roanokeva.govlplanningcommission. A complete packet must be submitted each time an application is amended,•unless otherwise specified by staff, Brandon Avenue Hotel — Project Narrative: Introduction: Maisey s Metropolis, LLC, (Applicant) is requesting to rezone two (2) parcels to Commercial General (CG) with conditions for the construction of a new four (4) story hotel on the subject parcels. Existing Tax Parcel and Zoning Summary: Tax Parce1:5200115 Existing Zoning: MX—Mixed Use Proposed Zoning: Commercial General (CG) with Conditions •Tax Parce1:5200119 • Existing Zoning: Mixed Use (MX) and Commercial General (CG)with conditions (Existing Ordinance#32751) Proposed Zoning: Commercial General (CG)with Conditions Tax Parcel 2500115 is currently zoned Mixed Use District (MX) and Tax Parcel 5200119 is currently split zoned Mixed Use District (MX) and Commercial General (CG) with conditions. The Commercial General (CG) portion of the property was formerly rezoned in 1995 to accommodate a convenience store with gasoline station at the corner of Brandon Avenue and Peters Creek Road. That zoning request and proposed use was approved with conditions, but the development never moved forward to construction. The existing proffered conditions will be repealed as part of the current request and new proffered conditions provided by the applicant for the project. See "Proffered Conditions to be Repealed" and "Proffered Conditions to be Adopted" as attachments contained within the application package. Development Plan: The proffered development plan indicated as Exhibit A outlines the proposed exterior improvements for the project. These improvements include two (2) vehicular connection points, a Right In-Right out access from Brandon Avenue and one Full Access from a private drive aisle west of the property that the applicant will have rights to utilize for access. Public water and Public sanitary sewer connections will be made to adjacent Western Virginia Water Authority public infrastructure along with other utilities to serve this commercial use. A drop offloading area is being provided for patrons along with off-street parking to serve the hotel. A network of.sidewalk connections are being provided throughout the site for pedestrian connectivity, including connection and to the public sidewalk along Brandon Avenue. A large patio area will be provided on the west side of the building to serve the patrons. Retaining walls are anticipated as part of the site improvements due to the existing topography across the site from northwest to southeast sloping toward Brandon Avenue. To ensure compatibility with scale and massing of the overall project, the retaining walls along Brandon Avenue have been proposed as two (2) smaller walls with integrated landscaping for aesthetic appeal. The undeveloped site to the East may be developed in the future and a drive aisle has been pre-planned for this potential connection, but no details or end user have been identified for this adjacent site. Public sidewalk is existing and in place along Brandon Avenue, however the applicant has chosen to extend private sidewalk along Stratford Park Drive SW (Private) for additional pedestrian accommodations. Building Architecture: The proposed hotel building will be four stories with approximately 80 rooms. See Exhibit B for overall elevations facing Brandon Avenue and the interior parking area. As shown on the Development Plan indicated as Exhibit A, there is a potential for a future expansion to the west in the area of the proposed patio space. This building expansion would accommodate additional hotel rooms in the future. Two (2) main entry points will be provided,one on Brandon Avenue and a second on the interior facing the parking area connecting to the provided pedestrian improvements for the project. The architecture of the building will reflect the current brand standards for the proposed hotel and most importantly to include the Commercial General District (CG) zoning regulations in regards to building placement, glazing facing the public right of way, main entry door, etc. The anticipated major hotel brand will require certain amenities for guests such as: pantry/convenience store; laundry area; fitness center; and electric car charging stations. While the car charging stations are designed for guest use,use by the general public would be allowed. Note that the pantry/convenience store is in lieu of an in-house restaurant—there will be no meal preparation on site by the hotel staff, as the individual rooms will have refrigerator, microwave, stove top, etc. The hotel may include a small meeting room/meeting area along with other indoor and outdoor common areas, which may or may not include hotel provided arcade game tables, outdoor grills, firepit, etc. The hotel will be pet friendly and will also have designated outdoor relief and play areas for dogs. The developer plans to . evaluate the potential inclusion of rooftop solar and to reserve the option for the hotel manager to live on site either temporarily or on an extended basis if mutually agreed. Future Land Use: City Plan 2040 Future Land Use map identifies this area as Urban Commercial Corridor which supports the continued commercial development along with section of Brandon Avenue and Peters Creek Road. This project exemplifies the commercial intent of this land use which provides efficient development, pedestrian and vehicular connectivity within a _ commercial node to support not only the surrounding area, but larger City and surrounding jurisdictions. Neighborhood Planning: The site is located within the Northeast section of the Greater Deyerle neighborhood planning district which has a variety of uses/sub-development areas within this planning area of residential, commercial, and industrial. The area of the project is mainly commercial and even industrial as you move north within the neighborhood planning boundary. This project exemplifies many of the qualities and attributes expressed within the neighborhood plan for future projects. This project maximizes the existing commercial property in an appropriate location and provides an appropriate context and site design. City of Roanoke Development Regulations: This project will be developed in accordance with all applicable regulations including, but not limited to, the Roanoke City Zoning Ordinance and Roanoke City Stormwater Management Design Manual. Transportation: The property is cruTently vacant and the proposed hotel building will have approximately 80 rooms. Trip generation calculations for this project were based on the anticipated hotel use. The policies and procedures found in the Institute of Transportation Engineers (ITE) Trip Generation Manual, 11 th Edition, were employed to determine the potential site generated traffic volumes for the proposed development for the average weekday and AM and PM peak hours. Trip generation calculations were performed using the Avg. Rate or Equation (whichever was higher to be conservative)provided in the ITE manual. The Table belo`v shows the potential site-generated traffic for this development. Trip Generation Land Use AM Peak Hour PM Peak Hour Weekday • Proposed ITE Independent Enter Exit Total Enter Exit Total Total Development Code Variable Hotel 310 80 Rooms 21 16 37 24 23 47 639 49 (#32750) AN ORDINANCE to amend§36.1-3, Code of the City of Roanoke(1979), as amended, and Sheet No. 217, Sectional 1976 Zone Map, City of Roanoke,to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 58, page 106.) The motion was seconded by Ms.Wyatt. The Mayor inquired if there were persons present who would like to address Council with regard to the request for rezoning. There being none, Ordinance No. 32750 was adopted, on its first reading, by the following vote: AYES: Council Members Bowles, Edwards McCadden, Parrott, White,Wyatt and Mayor Bowers _7. NAYS: None ...0. ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, November 13, 1995, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of CSW Associates,William H. Lester, Brownie Lester and Douglas S. Spadaro that a tract of land located on the northerly side of Lee Highway, west of its intersection with Aerial Way Drive, containing a total of 2.723 acres, Official Tax No. 5200107, and a portion of Official Tax No. 5200119, be rezoned from C-1, Office District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, October 27, 1995, and Friday, November 3, 1995. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission advising that the purpose of the request for rezoning is to allow the construction of two buildings on the site, one housing a restaurant, a convenience store and a gas station,with 12 fueling stations(i.e., capable of servicing 12 vehicles simultaneously) and the other housing an oil-change facility, was before Council. 50 It was noted that a third amended petition was filed on October 17, 1995, in which the following conditions were proffered: 1 The property will be developed in substantial conformity with the concept plan prepared by Balzer & Associates dated August 16, 1995,subject to any changes required by the City during site plan review and further limited to nine fueling stations. The structures constructed on the property will be constructed in substantial conformity with the rendering prepared by Balzer & Associates dated September 27, 1995, a copy of which was submitted to the Planning ' Commission at its regular meeting on October 4, 1995, subject to any changes required by the City during site plan review. The walkway from the principal structure to the gas pumps and the canopy over the gas pumps will have pitched roofs in substantial conformity with the roof structures as shown on the rendering for the remainder of the facility. x The property will be used as a highway convenience store with restaurant with fueling stations for nine vehicles. The hours of operation will not be longer than from 6:00 a.m. to 12:00 midnight, Should the property not be developed within two years from the date of rezoning by City Council, zoning on the property will revert to Zoning District C-1, Office District. The Planning Commission recommended approval of the request for rezoning, advising that the proposed development is a significant improvement and would provide a service to traffic which is already passing through the area. (For full text, see report on file in the City Clerk's Office.) Edward A. Nett, Attorney, appeared before Council in support of the request of his clients. ACTION: Mr. Parrott moved that the following ordinance be placed upon Jits first reading: (#32751) AN ORDINANCE to amend§36.1-3, Code of the City of Roanoke(1979), as amended, and Sheet No. 520, Sectional 1976 Zone Map,City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant 5 i (For full text of Ordinance, see Ordinance Book No. 58, page 107.) The motion was seconded by Mr. White. The Mayor inquired if there were persons present who would like to address Council with regard to the request for rezoning. John R. Mariles, Chief,'Planning and Community Development, advised that the request involves a complicated rezoning which was first before the City Planning Commission on July 5, 1995, recommended for denial on a 5 - 1 vote, referred to Council, and at the request of the petitioner, the matter was referred back to the. City Planning Commission without discussion by Council to provide more opportunity to work with the City Planning Commission and with the neighborhood to identify issues of concern. He added that ultimately the City Planning Commission approved the request on a 4 - 2 vote; however, certain members of the Planning Commission were concerned with some of the underlying zoning issues such as whether or not C-2 zoning was the most appropriate classification for the site and whether or not the proposed uses were too intense for the location in question. He added that the majority of the City Planning Commission members felt that this particular commercial development would be an improvement over what currently exists along much of Brandon Avenue,and the traffic impact from the proposed development would not have a major impact on the neighborhood inasmuch as the City's Traffic Engineer estimates that approximately 2,000 vehicles per day will be generated by the facility, with one-half.of that number representing new vehicles as a result of the proposed new development. He called attention to other neighborhood concerns, a major issue being the potential of increased traffic through the Deyerle neighborhood, and noted that several years ago, the City participated in a conflict resolution process with representatives of the Deyerle neighborhood and instituted a number of measures which were designed to discourage traffic from cutting through the Deyerle neighborhood. The Mayor called attention to correspondence from Michael J. Ramsey, 2502 Brandon Avenue, S. W., in support of the rezoning and requested that the communication be made a part of the record. 52 Edward A. Natt, Attorney, representing the petitioners, called - attention to a meeting with the Greater Deyerle Neighborhood I Association,and referred to a communication which was filed with the City Planning Commission expressing opposition to the request for rezoning. He also called attention to efforts of the petitioners to meet with residents of Brandon Oaks,who declined the invitation pending the outcome of Councils vote. Mr. Natt explained that development plans call for a combination restaurant/gas station and the ollllube facility was deleted due to its intensity. He added that plans call for the building to be constructed at the corner with the fuel service facility, to be located at the rear of the property, sidewalks internally, landscaping, setbacks, and entrances including the median strips proposed by the Virginia Department of Transportation,with over one-half of the area to be left as greenspace. He presented conceptual drawings of the building depicting porches, a pitched roof,a canopy that extends over the top of the gas tanks with a pitched roof, screening, and buffering pursuant to the City's ordinance requirements. Mr. Natt advised that a number of persons were present in support of the request;whereupon,approximately 25 persons stood in - support of the rezoning. He called attention to communications in support of the rezoning from Gurtner Printing, Co., Family Preservation Service, Inc., Mike Glassner, Inc., Petroleum Solutions, Inc., Safeguard Business Systems,Sawyer Properties, Inc., Delta Dental and a petition signed by approximately 30 residents of Strafford Park Apartments which is located immediately adjacent to the property in question. In conclusion, Mr. Natt submitted that the proposed rezoning is an appropriate use of the property, it will not change the character of the neighborhood, it will not substantially increase traffic, and it will be a compatible use. He requested that Council approve the rezoning of the property as amended. Without objection by Council, the Mayor advised that the correspondence and petition abovereferenced by Mr. Natt would be received and filed. Mr. Ron N. Lundy, 3931 Cravens Creek Road, S. W., spoke in support of the request, advising that rezoning the property will enable construction of a facility that will benefit the neighborhood, will be aesthetically pleasing, and will enhance retail competition in the area. Mr.James A. Lamb's, 3804 Brandon Avenue, S. W., advised that a major consideration will be traffic flow to Brandon Avenue. He stated that approximately 200 persons reside at Brandon Oaks averaging,80 years of age or older, therefore, safe and easy access should exist to and from Brandon Oaks. He noted that it is forecasted that traffic on Brandon Avenue will increase from 28,000 vehicles per day in 1995 to 49,000 vehicles per day in the year 2018; therefore, environmental concerns are relevant because of the number of elderly persons who reside in the area and experience respiratory problems because the increase in traffic will substantially increase air pollution. Ms. Sabra A. Lucas, 3614 Cravens Creek Road, S. W., spoke in support of the rezoning which will provide positive economic growth for the area,the structure will be visually appealing, the proposed use will not increase traffic anymore that a large office building, and the proposed development will be an enhancement to the area. Mr. H. Landon Carder, 2306 Carter Road, S. W., and Ms. Barbara L. Sowers, 3801 Stratford Park Drive, S. W., spoke in support of the rezoning. Mr. Edgar E. Johnson, 3809 Stratford Park Drive, S.W., spoke in support of the rezoning which will enable residents to shop in the area and improve the overall quality of life for the neighborhood. Ms. Lucy R. Ellett, 3752 Brandon Avenue, S. W., expressed opposition to the proposed rezoning, and advised that changing the zoning to authorize this type of commercial development will set the stage for allowing similar changes on both sides of Brandon Avenue. She stated that by denying the request for rezoning, Council will have an opportunity to stand up for an improvement in overall appearance in traffic flow along Brandon Avenue instead of allowing a "helter skelter" type of development such as that existing eastward along Brandon Avenue to Aerial Way Drive. She advised that extension of Peters Creek Road will bring a great deal of vehicular traffic, much of which will be visitors to the City, and Council's decision can mean the difference between an attractive boulevard entrance into the City or an extended strip development. She called attention to the safety issue and noted that the area where Peters Creek Road will intersect Brandon Avenue is presently a dangerous intersection, and adding two more entrances onto Brandon Avenue where the service station is proposed to be constructed will create a much more dangerous situation. She called attention to the Comprehensive Plan for the City of Roanoke which states that commercial development that will increase visual 54 clutter and disrupt traffic flow along major roads should be discouraged; whereupon, she noted that the proposed development would add both visual clutter and disrupt traffic flow. She added that the Greater Deyerle Neighborhood Plan, as well as the City's Comprehensive Plan,call for other uses for the land, that many citizens spent untold number of hours to produce the neighborhood plan, therefore,disregarding the plan would diminish the effectiveness of the entire neighborhood planning process. She requested that Council consider all of the concerns that have been raised before reaching a decision. Vice-Mayor Edwards explained that he serves irk the capacity of Chairperson of the Board of Trustees,Virginia Lutheran Homes,which operates Brandon Oaks, that there could be the appearance of a conflict of interest if he participates in Council's decision, and therefore, he would abstain from voting on the question. Following considerable discussion and questions by Members of Council, Mr. Nett stated that his client would support a"walk/don't walk"sign on the south side of Brandon Avenue; however, installation would have to be approved by the Virginia Department of Transportation. He further stated that he would be willing to proffer construction of a sidewalk connecting the site of the proposed rezoning with the Lee-Hy Manor Apartments. Ordinance No. 32751 was adopted, on its first reading, by the following vote: AYES: Council Members Bowles, McCadden, Parrott, White, Wyatt and Mayor Bowers-------------««------------- ..__..6 NAYS: None ---.---_-O. (Vice-Mayor Edwards abstained from voting.) Ms. Mary C. Pickett, a resident of Brandon Oaks and a former member of the Roanoke City Council,advised that her years on Council were happy years and expressed appreciation to the Members of City Council for graciously welcoming residents of Brandon Oaks to the Council meeting. OTHER HEARINGS OF CITIZENS: None. 55 There being no further business, the Mayor declared the meeting adjourned at 8:27 p.m. APPROVED ATTEST: . e-CC:4"-°' Mary F. Parker David A.Bowers City Clerk • Mayor PROFFERED CONDITIONS TO BE REPEALED: The applicant hereby requests that the following proffered conditions enacted by Ordinance No. 32751 be repealed as they pertain to Official Tax Ntiiiiber 5200119: 1. The property will be developed in substantial conformity with the concept plan prepared by Balzer & Associates dated August 16, 1995, subject to any changes required by the City during site plan review and further limited to nine fueling stations. 2. The structures constructed on the property will be constructed in substantial conformity with the rendering prepared by Balzer and Associates dated September 27, 1995 a copy of which was submitted to the Planning Commission at its regular meeting on October 4, 1995, subject to any changes required by the city during site plan review. 3. The Walkway from the principal structure to the gas pumps and the canopy Over the to the gas pumps shall have pitched roofs insubstantial conformity with the roof structures as shown on the concept rendering for the remainder of the facility. 4. The property will be used as a highway convenience store with restaurant with fueling stations for nine vehicles. 5. The hours of operation will not be longer than from 6:00a.m. to 12:00 midnight. 6. Should the property not be developed within two years from the date of rezoning • by City Council, zoning on the property will revert to Zoning District C-1, Office District. Proffered Conditions to be Adopted: The applicant hereby requests that the following proffered condition(s) be adopted as they pertain(s) to Official Tax Numbers 5200115 and 5200119. 1. The property will be developed in substantial conformity with the development plan prepared by Balzer and Associates, Inc., dated October 18, 2024, a copy of which is attached to this application as Exhibit A, subject to any changes that may be required by the City during comprehensive development plan review. 2. Allowable Uses shall be as follows by right or by special exception. (Special Exception Noted in Italics) Dwellings Bed and breakfast Group living Hotel or motel Short-term rental Business services not otherwise listed Financial services Laboratory, dental, medical, or optical Laboratory, testing and research Medical clinic Office, general or professional Animal hospital or veterinary clinic, no outdoor pens or runs Animal hospital or veterinary clinic, outdoor pens or runs Animal shelter Caterer, commercial Community market Drive-through facility Drive-through kiosk Funeral home Kennel, no outdoor pens or runs • Kennel, outdoor pens or runs Live-work unit Mixed-use building Studio/multimedia production facility Bakery, confectionary, or similar food production, retail Building supplies and materials, retail Car wash, not abutting a residential district Contractor or tradesman's shop, general or special trade Dry cleaning plant or commercial laundry General service establishment, not otherwise listed Laundromat Nursery or greenhouse, commercial Personal service establishment, not otherwise listed in this table Retail sales establishment, not otherwise listed Borrow or fill site Workshop Amusement, commercial, indoor Club, lodge, civic, or social organization Community center Eating establishment Eating and drinking establishment, not abutting a residential district Eating and drinking establishment, abutting a residential district Health and fitness center Meeting hall, not abutting a residential district Microbrewery or micro distillery not abutting a residential district Microbrewery or micro distillery abutting a residential district Park or playground Place of worship Recreation, indoor Recreation, outdoor Theater, movie or performing arts Artist studio Community food operation Community garden Community housing services Day care center, adult Day care center, child Day care home, adult Day care home, child Educational facilities, business school or nonindustrial trade school Educational facilities, college/university Educational facilities, elementary/middle/secondary Educational facilities, industrial trade school Educational facilities, school for the arts Family day home Fire, police, or emergency services Government offices or other government facility, not otherwise listed Library Museum Post office Supply pantry Broadcasting studio or station Utility distribution or collection, basic Utility distribution or collection, transitional Wireless telecommunications facility, small cell on existing structure Wireless telecommunications facility, stealth Wireless telecommunications facility, not otherwise listed Accessory uses, not otherwise listed in this Table Accessory Dwelling Unit Home occupation, excluding personal service Electric Vehicle Charging Stations Home occupation, personal service Homestay Recycling collection point Solar Energy System Page 212 SITE&ZONING SUMMARY owNER AODRess eanxooN AVE sw zasere {LS ,..,a,•.,='�-•y ''"".'-'z.. 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Of e PARKING LOT ELEVATION(INTERIOR) --. - I _-_1 _ __ I I, , I iBestW stern._ H TI 1,-_ X 4 Z CO .t:1 ...... ... 3,--73-3-T-3.- ......L ,..,_, .____. ..,..7„....7,_ :______ 1:...„..._ ,:•,..i t........_ „..„,..._.:„. , ... ' ,i ..„.„....„ . z _, O. . _ . , ed !,.,,i _Q _ ..:• z w S • — SCALE AS 11101..0 EWE 202410-18 3 BRANDON AVE ELEVATION Fkp a SCALE=,nwm e1 k { I �,LS,!Al,� ATTACHMENT A . a ZONING MAP EXCERPT t2(Ft�113NM" 0 & OBRANDONAVENUESW OFFICIAL TAX MAP NOS. `° °; ' .. �; a l3 .., ti 5200'115 & 5200119 �� ' I rat °Comr+nercla -Gene �� `r5200118 � Legend �.a� � RMF: Res -� �ub�ed Proporiy M R(c):Mixed Use ° :ell '': f. 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III II I I I i ,Mu:' ::: - 0 25 50 100 Feet Ord#40303-072015 1 inch = 104 feet 5180304 n . ti • The Roanoke Times Account Number Roanoke,Virginia 6011439 - - Affidavit of Publication • Date CITY OF ROANOKE-PBD November 04,2024 Attn TINA CARR 215 CHURCH AVE ' ROOM 166 . ROANOKE,VA 24011 V Date Category Description. • Al Size Total Cost • 11/04/2024 Legal Notices PUBLIC HEARING NOTICE 2 x 10.25 IN 3,451.65 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 was published in said newspapers on the following dates: . 10/28,11/04/2024 . The First insertion being given... 10/28/2024 Newspaper reference: 0001502133 44474t- Billing Representative Sworn to and subscribed before me this 4th Day of November 2024. _ ,ffvu_ �� ,. .....S S,, Notary Public' Q`:•• "C•-'S�,S State of Virginia r• e1�1 2 's Countyof HanoverTtON RE;#1:RApay • My Commission expires =h ,Z: THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU` 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 SW,Roanoke, Virginia All persons shall be afforded an opportunity to speak and state their views concerning all aspects of these matters. Any applications will be available for review online at https://roanokevagov/2019/ Commissions,may be obtained digitally by emailing plarining©roanokevagov,and by visiting the Planning,Building,and Development Department,First Floor,Room 170, Municipal South,Noel C.Taylor Municipal Building,215 Church Avenue SW,Roanoke, Virginia. If you are a person with a disability who needs accommodations for any public hearings advertised herein,please contact the City Clerk's Office,(540)853-2541,by noon, November 8,2024. Cecelia F.McCoy,CMC,City Clerk The City of Roanoke Planning Commission will hold a public hearing on Tuesday, November 12,2024,at 1:30 p.m.,or as soon thereafter as the matters may be heard,in the City Council Chamber,Fourth Floor,Room 450,Noel C.Taylor Municipal Building,215 Church Avenue SW,Roanoke,Virginia,to consider the following applications.Citlyens are advised that the date on which these matters will be heard Is a departure from the pgual date on which such matters are heard by Planning Commission: Physical copies of these applications are available for public inspection in the Planning, • Building,&Development Department,First Floor,Room 170,Noel C.Taylor Municipal Building,215 Church Avenue SW,Roanoke,Virginia,24011.Citizens may also access the applications at baps://www.roanokevagov/1088.All persons shall be afforded an opportunity to address the Planning Commission at the public hearing.Written comments may be forwarded to the Secretary to the Planning Commission by mail to 215 Church Avenue SW,Room 170,Roanoke,VA 24011,or by email to plaaninalfmanokeva.gov. Application by Maisey's Metropolis,LLC,to repeal conditions proffered as part of a previous rezoning at 0 Brandon Avenue SW,Official Tax Map No.5200119,and to rezone 0 and 0 Brandon Avenue SW,Official Tar Map Nos.5200119 and 5200115, respectively,from CG,Commercial-General District,with conditions,and MX, Mixed Use District,to CG,Commercial-General District,with conditions.The conditions proposed for repeal,adopted through the enactment of Ordinance No. 32751,include:land use for a highway convenience store with restaurant and fueling stations,and substantial conformity with a development plan and renderings that specifies location of buildings and infrastructure,and building design.The land use categories permitted in CG include residential;accommodations and group living; commercial;industrial;assembly and entertainment;public,Institutional and community;transportation;utility;agricultural;and accessory,with no maximum density and floor area ratio as specified on the development plan.The comprehensive plan designates the property for commercial corridor use. Application by Virginia Lutheran Homes,Inc.,to amend conditions proffered as part of a zoning amendment it 3804 Brandon Avenue SW,bearing Official Tax Map ,. No.5180304,previously accepted by City Council on July 20,2015,by the adoption of Ordinance No.40303-072015.The application is to repeal the existing conditions requiring substantial conformity with a development plan entitled'Brandon Oaks Development Plan,Amendment to Original Plan by Perkins Eastman Architects, PC,"dated May 26,2015,and a landscape plan entitled"Landscape Plan for Brandon Oaks'The Pines',"dated May 26,2015,and replace them with new proffered conditions requiring substantial conformity with a development plan entitled'Brandon Oaks Development Plan,Amendment to Original Plan by Perkins Eastman Architects,PC,"dated September 13,2024,and a landscape plan entitled "Landscape Plan for Brandon Oaks'The Pines III and IV',"dated September 13,2024,and revised October 16,2024.The zoning of the property will remain RMF,Residential District,with conditions,permitting these land use categories: residential;accommodations and group living;commercial;utility uses and structures;animal and agricultural uses;and accessory;with a maximum density of one dwelling unit per 1,000 sf of lot area and no maximum floor area ratio.The Comprehensive plan designates the property for mixed residential use. Emily G.Clark,Secretary,City Planning Commission City Council will hold a public hearing on the aforesaid matters on Monday,November 18, 2024,at 7:00 p.m.,or as soon thereafter as the matters may be heard,in the City Council Chamber,Fourth Floor,Room 450,Noel C.Taylor Municipal Building,215 Church Avenue SW.Roanoke.Virginia.All persons wishing to address City Council may sign-up online at wwwroanokeva.gov/council.In order to sign up,the form to speak before City Council may be accessed under the tab"Sign Up Form to Speak Before Council'on the left of the screen. For further information,you may contact the Office of the City Clerk at(540)853- - 2541. Cecelia F.McCoy,CMC,City Clerk The City of Roanoke Board of Zoning Appeals will hold a public hearing on November 13,2024,at 1:00 p.m.,or as soon thereafter as the matter maybe heard,in the City Council Chamber,Fourth Floor,Room 450,Noel C.Taylor Municipal Building,215 Church Avenue SW,Roanoke,Virginia,to consider the following application: Application by Seth Walters,'for 312 13th Street,LLC,for property located at 313 13th Street SW,bearing Official Tax Map No.1212715,zoned CN,Commercial Neighborhood District,for a special exception pursuant to Section 36.2-315,Zoning, Code of the City of Roanoke(1979),as amended,to permit parking,off-site. A physical copy of this application is available for public inspection in the Planning, Building,&Development Department,First Floor,Room 166,Noel C.Taylor Municipal Building,215 Church Avenue SW,Roanoke,Virginia,24011.Citizens may also access the application at bttns://www.roanokevagov/1074. . All persons shall be afforded an opportunity to address the Board of Zoning Appeals at the public hearing.Written comments may be forwarded to the Secretary to the Board of Zoning Appeals by mail to 215 Church Avenue SW,Room 166,Roanoke,VA 24011,or by email to planitituteroanokeva.gov Emily G.Clark,Secretary,City Board of Zoning Appeals The City of Roanoke provides interpretation at no cost for all public meetings,upon request If you would like to request an interpreter,please let us know at least 24 hours in advance by calling(540)853-1283.La Ciudad Ciudad de Roanoke propmciona interpretacibn sin costa par todas cites ptiblicas,previa solicitud.Si usted desea solicitor un intErprete,htganoslo saber con al menos 24 horns de antelacibn poi)lamer(540)853-1283. Jiji la Roanoke linatoa huduma ya ukalimani bile malipo katika mikutano yote ya umma, inapoombwa.Iwapo ungependa kuomba mkalintani,tafadhali mjulishe angalau sea 24 kabla kwa kupiga simu(540)853-1283. •J Jair-s v Cc4rL't':rxs ,kice4i.i•itas a� Odd ,L-ecb u%-14;l,•-t.su J1..iftA3J 24 u•t..',3,.)i3 J-siry4„4 peakr-ka,853-1283(540)el_it ask,...e:i, 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 SW, Roanoke, Virginia. All persons shall be afforded an opportunity to speak and state their views concerning all aspects of these matters. Any applications will be available for review online at https://roanokeva.gov/2019/Commissions, may be obtained digitally by emailing planning@roanokeva.gov, and by visiting the Planning, Building, and Development Department, First Floor, Room 170, Municipal South,Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke, Virginia. If you are a person with a disability who needs accommodations for any public hearings advertised herein, please contact the City Clerk's Office, (540)853-2541, by noon,November 8, 2024. Cecelia F. McCoy, CMC, City Clerk The City of Roanoke Planning Commission will hold a public hearing on Tuesday,November 12, 2024, at 1:30 p.m., or as soon thereafter as the matters may be heard, in the City Council Chamber, Fourth Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke, Virginia, to consider the following applications. 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 Planning Commission. Physical copies of these applications are available for public inspection in the Planning, Building, &Development Department, First Floor, Room 170,Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke, Virginia, 24011. Citizens may also access the applications at https://www.roanokeva.gov/1088. All persons shall be afforded an opportunity to address the Planning Commission at the public hearing. Written comments may be forwarded to the Secretary to the Planning Commission by mail to 215 Church Avenue SW, Room 170, Roanoke, VA 24011, or by email to planning@roanokeva.gov. Application by Maisey's Metropolis, LLC, to repeal conditions proffered as part of a previous rezoning at 0 Brandon Avenue SW, Official Tax Map No. 5200119, and to rezone 0 and 0 Brandon Avenue SW, Official Tax Map Nos. 5200119 and 5200115, respectively, from CG, Commercial-General District, with conditions, and MX, Mixed Use District, to CG, Commercial-General District, with conditions. The conditions proposed for repeal, adopted through the enactment of Ordinance No. 32751, include: land use for a highway convenience store with restaurant and fueling stations, and substantial conformity with a development plan and renderings that specifies location of buildings and infrastructure, and building design. The land use categories permitted in CG include residential; accommodations and group living; commercial; industrial; assembly and entertainment; public, institutional and community; transportation; utility; agricultural; and accessory, with no maximum density and floor area ratio as specified on the development plan. The comprehensive plan designates the property for commercial corridor use. Application by Virginia Lutheran Homes, Inc., to amend conditions proffered as part of a zoning amendment at 3804 Brandon Avenue SW, bearing Official Tax Map No. 5180304, previously accepted by City Council on July 20,2015, by the adoption of Ordinance No. 40303-072015. The application is to repeal the existing conditions requiring substantial conformity with a development plan entitled "Brandon Oaks Development Plan, Amendment to Original Plan by Perkins Eastman Architects, PC," dated May 26, 2015, and a landscape plan entitled "Landscape Plan for Brandon Oaks 'The Pines'," dated May 26, 2015, and replace them with new proffered conditions requiring substantial conformity with a development plan entitled"Brandon Oaks Development Plan, Amendment to. Original Plan by Perkins Eastman Architects, PC," dated September 13, 2024, and a landscape plan entitled "Landscape Plan for Brandon Oaks 'The Pines III and IV'," dated September 13, 2024, and revised October 16, 2024. The zoning of the property will remain RMF, Residential District, with conditions, permitting these land use categories: residential; accommodations and group living; commercial; utility uses and structures; animal and agricultural uses; and accessory; with a maximum density of one dwelling unit per 1,000 sf of lot area and no maximum floor area ratio. The comprehensive plan designates the property for mixed residential use. Emily G. Clark, Secretary, City Planning Commission City Council will hold a public hearing on the aforesaid matters on Monday,November 18, 2024, at 7:00 p.m., or as soon thereafter as the matters may be heard, in the City Council Chamber, Fourth Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke, Virginia. All persons wishing to address City Council may sign-up online at www.roanokeva.gov/council. In order to sign up, the form to speak before City Council may be accessed under the tab "Sign Up Form to Speak Before Council" on the left of the screen. For further information, you may contact the Office of the City Clerk at (540)853-2541. Cecelia F. McCoy, CMC, City Clerk The City of Roanoke Board of Zoning Appeals will hold a public hearing on November 13, 2024, at 1:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Fourth Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke, Virginia, to consider the following application: Application by Seth Walters, for 312 13th Street, LLC, for property located at 313 13th Street SW, bearing Official Tax Map No. 1212715,zoned CN, Commercial Neighborhood District, for a special exception pursuant to Section 36.2-315, Zoning, Code of the City of Roanoke (1979), as amended, to permit parking, off-site. A physical copy of this application is available for public inspection in the Planning, Building, & Development Department, First Floor, Room 166, Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke, Virginia, 24011. Citizens may also access the application at https://www.roanokeva.gov/1074. All persons shall be afforded an opportunity to address the Board of Zoning Appeals at the public hearing. Written comments may be forwarded to the Secretary to the Board of Zoning Appeals by mail to 215 Church Avenue SW, Room 166, Roanoke, VA 24011, or by email to planning@roanokeva.gov. Emily G. Clark, Secretary, City Board of Zoning Appeals The City of Roanoke provides interpretation at no cost for all public meetings, upon request. If you would like to request an interpreter, please let us know at least 24 hours in advance by calling(540) 853-1283. La Ciudad de Roanoke proporciona interpretacion sin costo por todas citas publicas, previa solicitud. Si usted desea solicitar un interprete, haganoslo saber con al menos 24 horas de antelacion por llamar(540) 853-1283. Jiji la Roanoke linatoa huduma ya ukalimani bila malipo katika mikutano yote ya umma, inapoombwa. Iwapo ungependa kuomba inkalimani, tafadhali tujulishe angalau saa 24 kabla kwa kupiga simu(540) 853-1283. La.'s vl -?•ji 4 u A :vl U9.i,cam°s L=L- i'Lab (S u.,l.5j- �'j .�'-.s39.j Ja-. 1J 1a(540) 853-1283 use°JU 1, � �I JA ,c•L 24 J91 iota c4.,,1 teals 1 jL j O CITY OF ROANOKE I. •°''"'"� OFFICE OF THE CITY CLERK 1215 Church Avenue,S.W.,Room 456 ` Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: clerk@roanokeva.gov CECELIA F.MCCOY,CMC CECELIA T.WEBB,CMC City Clerk Deputy City Clerk RUTH VISUETE PEREZ Assistant Deputy City Clerk November 20, 2024 • Gentry Locke Attn:'John Puvak 10 Franklin Road. Suite 900 Roanoke, VA 24011 Dear John Puvak: Enclosed is a copy of Ordinance No. 43099-111824 to amend conditions proffered as part of a zoning amendment at 3804 Brandon Avenue SW, bearing Official Tax Map No. 5180304, previously accepted by City Council on July 20, 2015, by the adoption of Ordinance No. 40303-072015. The application is to repeal the existing conditions requiring substantial conformity with a development plan entitled "Brandon Oaks Development Plan, Amendment to Original Plan by Perkins Eastman Architects, PC," dated May 26, 2015, and a landscape plan entitled "Landscape Plan for Brandon Oaks The Pines'," dated May 26, 2015, and replace them with new proffered conditions requiring substantial conformity with a development plan entitled `Brandon Oaks Development Plan, Amendment to Original Plan by Perkins Eastman Architects, PC," dated September 13, 2024, and a landscape plan entitled "Landscape Plan for Brandon Oaks 'The Pines Ill and IV'," dated September 13, 2024, and revised October 16, 2024. The zoning of the property will remain RMF, Residential District, with conditions, permitting these land use categories: residential; accommodations and group living; commercial; utility uses and structures; animal and agricultural uses; and accessory; with a maximum density of one dwelling unit per 1,000 sf of lot area and no maximum floor area ratio. The comprehensive plan designates the property for mixed residential use. The above referenced measure was adopted- by the Council of the City of Roanoke at the regular meeting held on Monday, November 18, 2024. Sincerely, toz,d7 Cecelia F. McCoy, CMC City Clerk. Enclosure pc: Virginia Lutheran Homes, Inc. 3807 Brandon Ave, SW, Roanoke, VA 24018 James Zadell, 3347 Valentine Rd SW, Roanoke, VA 24018 The Bonnie Mann Living Trust, 3339 Valentine Rd, SW, Roanoke, VA 24018 George Ellis, III, 3333 Valentine Rd, SW, Roanoke, VA 24018 Corporation of the Presiding Bishop of the Church of Jesus Christ, 50 North Temple, 22nd Floor, Salt Lake City, Utah 84150 Virginia Synod Lutheran Home, 3807 Brandon Ave SW, Suite 2440 Roanoke, VA 24018 Michael & Kelly Dooley, 3507 Valentine Rd SW, Roanoke, VA 24018 Ronald Milan, 3411 Valentine Rd, Roanoke, VA 24018 Current Resident, 3502 Loblolly Ln, SW, Roanoke, VA 24018 Betty C. Etlzer Living Trust, 3501 Loblolly Ln SW, Roanoke, VA 24018 Kevin & Susan Russell, 3435 Valentine Rd SW, Roanoke, VA 24018 McKinley T. Forrest, 3427 Valentine Rd SW, Roanoke, VA 24018 Salvatore Puzzo, 3419 Valentine Rd, SW, Roanoke, VA 24018 W Peter& Lee B Onson, 3519 Windsor Oaks Circle SW, Roanoke, VA 24018 John Wayne& Shirley Bustle McNeil, 3515 Windsor Oaks Circle SW, Roanoke, VA 24018 Valentino Joseph, Ill and Bonnie F Sartini, 3516 Windsor Oaks Circle SW, Roanoke, VA 24018 Poplar Hill Limited Partnerhip, LLC, 3752 Brandon Ave SW, Roanoke, VA 24018 Brandon Point Office, LLC, 3807 Brandon Ave.SW Suite 2440, Roanoke, VA 24018 The Honorable Brenda Hamilton, Circuit Court Clerk Dr. Lydia Patton, Interim City Manager Angela O'Brien, Deputy City Manager Christopher Chittum, 'Director, Planning Building & Development Timothy Spencer, City Attorney Laura Carini, Senior Assistant City Attorney Kelvin Bratton, Director of Real Estate Valuation Luke Pugh, City Engineer Emily Clark, Secretary to the City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of November 2024. No. 43099-111824. AN ORDINANCE to (1) repeal proffered conditions previously adopted under Ordinance No. 40303-072015, adopted July 20, 2015, and (2) to replace them with new proffered conditions on property located at 3804 Brandon Avenue, S.W., bearing Official Tax Map No. 5180304, by application made by Virginia Lutheran Homes, Inc.; and dispensing with the second reading of this ordinance by title. 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 November 18, 2024, 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 (1) repeal of proffered conditions previously adopted under Ordinance No. 40303-072015, adopted July 20, 2015, and (2) to replace them with new proffered conditions on property located at 3804 Brandon Avenue, S.W., bearing Official Tax Map No. 5180304, which property is zoned RMF, Residential • District, with conditions, as set forth in the Zoning Amendment Amended Application No. 1, dated October 18, 2024. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The (1) repeal and (2) replacement with new proffered conditions as set forth in the Zoning Amendment Amended Application No. 1 dated October 18, 2024, are hereby adopted on the property located at 3804 Brandon Avenue, S.W., bearing Official Tax Map No. 5180304, 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. 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:ofAA .N . T City Clerk. ;_- .._ ;. Jam+•_�J ,e.'_:_,f, --ts , �'�} CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 18, 2024 Subject: Application by Virginia Lutheran Homes, Inc., to amend conditions proffered as part of a zoning amendment at 3804 Brandon Avenue SW, bearing Official Tax Map Number 5180304, previously accepted by City Council on July 20, 2015, by the adoption of Ordinance No. 40303-072015. Summary: By a vote of 5-0, with Commissioner K. Atwood and K. Berry absent, the Commission recommends approval of the zoning amendment request, finding that the Amended Application No. 1 is consistent with the general principles within the City's Comprehensive Plan, Greater Deyerle Neighborhood Plan, and the Zoning Ordinance as the subject property will be developed and used in a manner appropriate to the surrounding area. Application Information: Request: Repeal and Replace Proffered Conditions Owner/Applicant: Virginia Lutheran Homes, Inc. Agent: Jon Puvak, Gentry Locke • City Staff Person: Katharine Gray, Principal Planner Address: 3804 Brandon Avenue SW Official Tax No: 5180304 Site Area: +/- 18.55 acres Relevant Plans: Greater Deyerle Neighborhood Plan Proposed Land Use: Dwellings Future Land Use: Mixed Residential Filing Date: Original Application: September 30, 2024 Amended Application No. 1 : October 18, 2024 Public Notification and Outreach: • Roanoke Times Legal Advertisement (runs two-consecutive Tuesdays) Required Public Notice - • Letters to Property owners abutting subject State of Virginia Code property (includes across street/alley) • Direct notice by mail includes neighboring localities if applicable Required Public Notice - • Posting a sign on the subject property with City of Roanoke Zoning hearing date and contact for additional Code information • • Posting applications - applications received are posted on the PBD Board &.Commission page, providing instant access to the full application and supporting documentation • CivicSend Notices - Email notification subscription to share information with citizens and stakeholders according to their PBD Outreach Beyond preferences. Land Use Applications touch State/City Code the inbox of subscribers at least 2 times - Requirements 1) Application filed; 2) Agenda and Staff Report Posting; 3) Amended Information, if applicable • Neighborhood Leaders and Civic Stakeholders Email Notice - Direct email to leaders to share information; coincides with CivicSend Notices • CivicSend Notices for land use applications typically reach more than 1 ,800 subscribers • All applicants are strongly advised to PBD Recommended discuss project with area neighborhood Applicant Outreach organizations and/or civic leagues and adjoining property owners and/or tenants Applicant Outreach • Unknown Background: Brandon Oaks was approved by City Council in October 1987. At that time, 22 cottage units were planned for the southern end of the property. In February 1991 , City Council approved Ordinance No. 30398-21991 to permit the reconfiguration of the cottage (two-family and townhouse) units at the southern end of the Brandon Oaks property in order to save large caliper trees (24" and greater). The 1991 development plan showed six one-story townhouse buildings containing 18 units which were constructed soon after the zoning approval. 2 In January of 2010, City Council approved Ordinance No. 38709-01 1 91 0 to permit the replacement of existing townhouse units in the southeastern corner of the site with a single, twelve-unit, building (effectively shifting six dwelling units from the front to the rear of the site) with a height that is no greater than what is permitted in the surrounding single-family district. In July of 2015, City Council approved Ordinance No. 40303-072015 to permit a 2-story, 12-unit multifamily building to replace the townhouses in the center rear of the lot in the same location. The proposed landscape plan added evergreen vegetation at the crest of the landscape buffer zone to provide a more effective visual screen for neighbors. In recent years, the applicant indicates that the demand for independent living units continues to increase. This request adjusts the development at the rear of the portion to be consistent with market demand. In September of 2024, Virginia Lutheran Homes, Inc. filed an application to amend the proffered conditions from 2015, including their development plan and landscape plan. The new development plan replaces the final remaining townhouses in the southwest rear corner of the lot with two 3-story multifamily buildings totaling 28 dwellings in the same location. The overall number of units on the property remains at 228 units. The proposed landscape plan adds evergreen vegetation in a landscape buffer zone to provide a more effective visual screen for neighbors. Proposed Use/Development: The applicant requests that the following proffered conditions enacted by Ordinance No. 40303-072015 be repealed as they pertain to Official Tax Number 5180304: (1 )The development of the property shall be in substantial conformity with the development plan entitled "Brandon Oaks Development Plan, Amendment to Original Plan by Perkins Eastman Architects, PC," prepared by Lumsden Associates, P.C. dated May 26, 201 5, subject to any changes required by the City during comprehensive development plan review. (2) Supplementary landscaping shall be installed and maintained in accordance with Sections 36.2-642(e) and 36.2-642(1) of the City's Zoning Ordinance within the existing natural vegetative buffer as shown on the "Landscape Plan for Brandon Oaks "The Pines" " prepared by Lumsden Associates, P.C. dated May 26, 2015. 3 The applicant proffers the following conditions to replace the previous conditions as they pertain to Official Tax Number 5180304: (1)The development of the property shall be in substantial conformity with the development plan entitled "Brandon Oaks Development Plan, Amendment to Original Plan by Perkins Eastman Architects, PC," prepared by Lumsden Associates, P.C. dated September 13, 2024, subject to any changes required by the City during comprehensive development plan review. (2) Supplementary landscaping shall be installed and maintained in accordance with the City's Zoning Ordinance within the existing natural vegetative buffer as shown on the "Landscape Plan for Brandon Oaks "The Pines III and IV" " prepared by Lumsden Associates, P.C. dated September 13, 2024, revised October 16, 2024. Considerations: Compatibility with Surrounding Land Uses: The continuum of care living community has been located along Brandon Avenue SW for decades. The proposed change to move some of the 228 dwelling units on the property to the southwest corner of the property to replace the townhomes currently located there is appropriate. Zoning District Land Use North MX, Mixed Use District and RMF - Office; Group Living; Dwelling, Residential District Large apartment building South R-12, Residential District Dwelling, One and two dwelling building East RA, Agricultural District Agriculture and Dwelling, One and two dwelling building West IN, Institutional District and R-12, . Place of worship and Dwelling, Residential District One and two dwelling building The future land use plan from the City Plan 2040 designates this area for mixed residential use. Applicability/Appropriateness of Proposed Zoning District: The purpose of the RMF District is to provide for unified development of ten (10) or more dwellings. This particular proposal would allow the housing for a continuum of care living community to modify the built form and site development in a manner that best serves the community's needs while respecting the residential character of the area to the south and west. 4 Availability of Other Property: The continuum of care living community has been located on this property along Brandon Avenue SW for decades. There is no other property in this area, other than the one in rezoning request, which is available, similarly situated, and zoned to allow this type of development. Consistency with Comprehensive Plan: Both City Plan 2040 and the Greater Deyerle Neighborhood Plan support the mixed residential development of this property. Policy/Action Plan Applicability to matter LBE Priority One Policy 1 Comprehensive Since its inception, Brandon Action: Proposed development (infill Plan', Livable Oaks has provided a variety of development, alterations, Built Environ- housing options including renovations, and additions) should ment Theme group living units, townhouse create or enhance a distinctive units, and multifamily units character that relates well to the for the elderly within to the surrounding community Greater Deyerle neighborhood. The buildings Policy 3: Enable a range of housing are well placed with an types in each part of the community interconnected network of to achieve inclusive, livable driveways, walking paths, and neighborhoods that prosper over time green space. The reconfiguration of the southern portion of the site will maintain this overall development pattern while addressing the needs of future residents. Community Design Policies Greater Deyerle The proposed amendment to Neighborhood Character: Established Neighborhood the proffered development neighborhoods should retain their Plan ', pg. 47 plan provides for the overall character and development continued mixed density patterns while incorporating new housing development at development that is compatible with Brandon Oaks while the neighborhood, the design maintaining the overall guidelines of Vision 2001-2020, and number of dwelling units. efficiently uses limited land The design provides for resources. additional landscaping in the landscape buffer area to Parking: Paved parking spaces and screen the new building from impervious surfaces should be view. minimized. ' City Plan 2040, City of Roanoke, 2020 2 Greater Deyerle Neighborhood Plan, City of Roanoke, 2006 5 Policy/Action Plan Applicability to matter Residential Development Policies Greater Deyerle Neighborhood Character: Established Neighborhood neighborhoods should retain their Plan ', pg. 48. overall character and development patterns, while incorporating new development that is compatible with the neighborhood, yet which maximizes more of the land. New development: New development • should be well-planned and use • limited land resources wisely. Infill development: Infill development should be aesthetically and functionally compatible with its existing context of adjoining development. Housing Clusters: Support the rezoning of vacant or underutilized large sites for mixed density housing provided that it is consistent with the design guidelines of Vision 2001- 2020, preserves some green space to buffer existing development, and minimized environmental impacts. Comments on Application: Planning Commission Work Session: The proposed uses and site development were discussed at the Planning Commission work session. Additional information was requested for the proposed landscape buffer. The applicant submitted Amended Application No.1 responding to most of the items noted. Interdepartmental Comments: General comments were provided from the Fire department and the Planning Building and Development department related to: fire code standards, building and zoning subdivision requirements, and the permitting process. 6 Public Comments: None received. Public Hearing: No comments received. Conclusions and Recommendations: The principal consideration is whether the proposed amendment of proffered conditions is consistent with City Plan 2040 and the Greater Deyerle Neighborhood Plan. The proposed change allows the existing continuum of care living community to adjust the mix of dwelling units on their property to accommodate changes in the market that have occurred over time while maintaining the same number of units. The changes proposed are in keeping with the overall goals of these plans. Frank . Martin, Ill, Chair City Planning Commission Enclosure: Attachment A, Zoning District Map Distribution: Dr. Lydia Pettis Patton, Interim City Manager Angela O'Brien, Assistant City Manager Chris Chittum, Director of Planning Building and Development )illian Papa Moore, Deputy Director of Planning Building and Development R. Wayne Leftwich, Jr., Planning Manager Katharine Gray, Planning Commission Agent Timothy Spencer, City Attorney Laura Carini, Senior Assistant City Attorney Charles Downs, Virginia Lutheran Homes, Inc. Jon Puvak, Gentry Locke 7 Attachment A ATTACHMENT A ` 520� 552e,o4s• r i ZONING MAP EXCERPT CG(c):.Commerclal General Conditional' 3804 BRANDON AVENUE SW ,� , 5200106 ' • 5 , Ord./32751 RMF Res''• .W , OFFICIAL TAX MAP NO. 5180304 ltrt rally Mx:�MixedUsc vn Legend 5200g11 Q =Subject Property ;,..t M%(c):a0.rd Use r ».,nA "` r�A - - I�r�Cona:ronal 'y Zoning �" l M%pUD•Mvea Uw Piumod ZONING }G �u,n Oavez , 0k"" �. • •AO;Auposl MN MXPIANC:MMod Ws �'' �" PI"'" .Card tls N lrnd + n , e� �� i ,.,f�Yy AD(e}Mrporl Oeu gt „. r d . 1`, "'7',fr1;grnf .... RA2 Rea Smpl0Famry a 44$,,,il^" 'i,,A'd L 'M,t d^. d sT N - e CO:Cenuoeras1.0.te.l R•a]a}:Rea SN e•am7j aa' +% �� 9� 1e �� r,*J Pie' CCIc):Cen++nmoe4Geno II ��•�Cona wnat O F - �= r x..a^ ° J ConQdoruM �,R-]:Rn Sinpb-Femvy • "••�, 'r^!- y w ` ; ®CLS,Commer[Lilalpe See.• R•71c1`Reel SmpleA...A. ; ++ wCS�CCSfcl:Canenariol{erye `� tConC�mn.l _ -1Z ,• e°effi So.em,dilloul R3•Rea Slrgte•FemDy 4 CN;ComenmtlN- R-5(e);Rea S7e,plo-ramUy • e e: k �` J . 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( •180 803 B 70 140 r l � .-`5180:06. 18031 ►506 0 70 i40 280 Feet -18030'- � ,,,�y a ► ►9 56• 0611,, R-12:•R4s t 803 s, 1803,11., ;I� i 050••10 1. 1 inch=281 feet r7d ) o, ► .:,:�,.r .SC3 4 4 al•t► ► SingleFamily uocusign Envelope ID:1D2ABB51-9FF4-46B8-A188-BD2DB0B499B3 oparg . Amoggid-umgmt(t-- . . ,A I ca ° ' Department of Planning, Building and Development Room 170. Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke,Virginia 24011 _ Click Here to Print ~ . Phone: (540)853-1730 Filing Date: October 18,2024 Submittal Number: Amended Application No. 1 Re.ues, se eel -1I r .ppl 4 ❑ Rezoning, Not Otherwise Listed 0 Amendment of Proffered Conditions ❑ Rezoning, Conditional ❑ Amendment of Planned Unit Development Plan ❑ Rezoning to Planned Unit Development ❑ Amendment of Comprehensive Sign Overlay District E Establishment of Comprehensive Sign Overlay District Rr party Inforrnat+.>ion. Address: 3804 Brandon Avenue,S.W.,Roanoke,Virginia 24018 Official Tax No(s).: 5180304 Existing ❑ Without Conditions Ordinance Zoning: RMF,Residential Multi-Family 1J With Conditions No(s). (If 40303-072015 ❑ Planned Unit Development applicable): Requested n Without Conditions Proposed Zoning: RMF,Residential Multi-Family 0 With Conditions Land Use: Large Apartment Building ❑ Planned Unit Development Pro Q ert, _Owner, I:nformaitioi . Name: Virginia Lutheran Homes,Inc. Phone Number: +1 (540)562-5443 Address: 3807 Brandon Avenue,S.W.,Roanoke,Virginia 24018 E-mail: cdowns@vlhnet.org CSigned by. atA.3 NALS ;r bdi..cw 1� Propery0arars natW'e: A 'tomtit l nftorra- lif dliftfterent m o - C, Name: Phone Number: Address: E-mail: Fppliants Sigmture: /hut r prized Agentt inform. ion {lif ap,p,I able),: Name: Jon Puvak,Gentry Locke Phone Number: +1 (540)983-9399 Address: 10 Franklin Road,Suite 900, Roanoke,Virginia 24011 E-mail: puvak@gentrylocke.com 1Signed/t by: l Au 1.1314gEfEh stun: Docusign Envelope ID: 1 D2ABB51-9FF4-46B8-A188-BD2DBOB499B3 Zoning Amendment . .- ApplIcation Checklis t T fell® `ng MilbggilkiMiblalloapplieatio so r; Completed application form and checklist. [x; Written narrative explaining the reason for the request. rl Metes and bounds description,if applicable. j5 Filing fee. Far P.rezo OfCi j[eCe of erwise fisted®ft folio in. d0 b®submittedo r Concept plan meeting the Application Requirements of item'2(c)'in Zoning Amendment Procedures. FOP El conditional rezojyin 0,ow fellewin4 lO bg,sub itteda 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 ri 'development plan'if proffered. Bert( In Eat development,(g foliow`ng r� �p Ix sobrnitted:: l Development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. Fara comprehensive overlay d strict inig followi .. bB s 6 het r Comprehensive signage plan meeting the requirements of Section 36.2-336(d)(2)of the City's Zoning Ordinance. Far at amendment cg proffered@ciEd!it'ions fifre fo lowi v me gibo 1521 s bm`t ed.; Amended development or concept plan meeting the Application Requirements of item'2(c)' in Zoning Amendment Procedures, r< if applicable. Ix_ Written proffers to be amended. See the City's Guide to Proffered Conditions. (x Copy of previously adopted Ordinance. Far AnairA`i t deVelopment endmen O fol ow"ng magialkoltG ubmi i ed. ✓ Amended development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. r Copy of previously adopted Ordinance. f 'i comprehensive ju overla amendment o o�ving Ii10bo s bn idea, r Amended comprehensive signage plan meeting the requirements of Section 36.2-336(d)of the City's Zoning Ordinance. ✓ Copy of previously adopted Ordinance. Far @ q=opesai M i eg les i t affi Oggd,s ud Le s a ,nitre l'b ib@ o folio ino nituRil&obgab ittedo ✓ A Traffic Impact Study in compliance with Appendix B-2(e)of the City's Zoning Ordinance. bT@ areoes> IV mfdlitg@ Etat'mpacrt EndifsRb ltgl§ub tteal100N 4T®ft;olo 1. a I ok)(tLbrnittedo ✓ Cover sheet. r. Traffic impact analysis. r Concept plan. ✓ Proffered conditions, if applicable. r 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. APPLICANT'S NARRATIVE Zoning Amendment Application Virginia Lutheran Homes, Inc. September 2024 Please accept this memorandum in support of a zoning amendment application submitted by Brandon Oaks, operated under the sponsorship of Virginia Lutheran Homes, Inc. (a nonprofit corporation formerly known as the Virginia Synod Lutheran Homes, Inc.). The proposed application seeks to amend the existing proffers that apply to the 18.554 acre property located at 3804 Brandon Avenue, Roanoke City Tax Map No. 5180304 (the "Property"). The Property is zoned to the RMF — residential multifamily district. The proposed amendments to the proffers will adopt a new development plan of the Property. Brandon Oaks provides a continuum of housing options and care to its residents. Brandon Oaks continually seeks opportunities to better serve the housing demands and needs of the Roanoke community. The local demand for independent living dwellings continues to increase. The new development plan("Updated Development Plan") depicts the replacement of two (2)townhouse dwellings with twenty-eight(28)dwellings in two multi-family buildings in the rear southwestern corner of the Property. The proposed buildings are labeled as "Pines III" and"Pines IV" on the Updated Development Plan. Each new building will consist of three stories, with the first story including parking to support the new dwellings and other surface parking to be located around the new buildings. It is anticipated that each new dwelling will consist of two bedrooms and two bathrooms. The architecture of the proposed multi-family buildings will be harmonious with the "Pines II"building located on the southern portion of the Property. The last amendment to the development plan to permit the construction of the Pines II building was approved by the City Council on July 20, 201.5. The existing development plan incorporated significant buffer zones between the Brandon Oaks development and the property lines of the adjoining residences. A landscape plan for supplementing selected areas on the periphery of the buffer zone was previously proffered and the Applicant's design team has updated the landscape plan to accommodate the new buildings to be constructed. The location and dimensions of the buffer zone will remain unchanged from the existing development plan. The new landscaping plan shows the removal of some existing trees and the addition of new plantings to supplement the existing vegetation. The intent of the Updated Development Plan is to add evergreen vegetation to provide an effective screen for neighbors. The Updated Development Plan continues to provide that the overall number of units on the Property will remain at 228 units. All traffic will continue to enter and exit the site at Brandon Avenue and the additional dwellings are not intended to have a material increase in vehicle trips to and from the Property. The Updated Development Plan will comply with all other requirements of the RMF zoning district, including open space in excess of minimum requirements and total density of the Property that is less than what is permitted in the RMF district. The Updated Development Plan is in conformance with a number of the elements of the Comprehensive Plan - City Plan 2040 and the Greater Deyerle Neighborhood Plan,by providing a range of housing choices and maintaining the overall character and development pattern of the neighborhood. Brandon Oaks is excited about the potential to provide additional independent living residences for our existing and future residents. The design team has included several cross- sections of the proposed buildings to demonstrate the relationship to the neighboring properties. We look forward to presenting the Updated Development Plan to the Planning Commission. EXISTING PROFFERED CONDITIONS The applicant and owner,Virginia Lutheran Homes, Inc.,hereby requests that all of the conditions enacted by Ordinance No.40303-072015 (the"Ordinance")be repealed as they pertain to the 18.54 acre parcel which is the subject of this application, being Official Tax Map No. 5180304. Those conditions are as follows: The applicant and owner,Virginia Lutheran Homes,Inc.,hereby proffers the following conditions to be imposed on the 18.5450 acre parcel, and requests that they be adopted: • (1) The development of the property shall be in substantial conformity with the development plan entitled "Brandon Oaks Development Plan, Amendment to Original Plan by Perkins Eastman Architects, PC," prepared by Lumsden Associates, P.C. dated May 26, 2015, subject to any changes required by the City during comprehensive development plan review. (2) Supplementary landscaping shall be installed and maintained in accordance with Sections 36.2-642(e) and 36.2-642(1) of the City's Zoning Ordinance within the existing natural vegetative buffer as shown on the "Landscape Plan for Brandon Oaks "The Pines" "prepared by Lumsden Associates, P.C. dated May 26, 2015. AMENDED PROFFERED CONDITIONS The applicant and owner,Virginia Lutheran Homes,Inc.,hereby proffers the following conditions to be imposed on the 18.54 acre parcel, and requests that they be adopted: (1) The development of the property shall be in substantial conformity with the development plan entitled "Brandon Oaks Development Plan, Amendment to Original Plan by Perkins Eastman Architects, PC," prepared by Lumsden Associates, P.C. dated September 13, 2024, subject to any changes required by the City during comprehensive development plan review. (2) Supplementary landscaping shall be installed and maintained in accordance with the City's Zoning Ordinance within the existing natural vegetative buffer as shown on the "Landscape Plan for Brandon Oaks "The Pines III and IV" " prepared by Lumsden Associates, P.C. dated September 13, 2024, revised October 16, 2024. • The undersigned hereby warrants that the owner of a legal interest in the subject Property have signed this Proffer Statement, that the undersigned has the full authority to bind the property to these conditions, that the proffers contained in this statement are not "unreasonable" as that term is defined by Virginia Code, and that the proffers are entered into voluntarily. The undersigned certifies that, to the best of his, her, or its knowledge, the information in this Proffer Statement is true, accurate, and complete. This Proffer Statement will bind the Applicant and any future owners of the Property. Should any provision of this Proffer Statement be determined to be invalid by a court of competent • jurisdiction, that determination shall not affect the validity of the remainder of the provisions in this document. [signatures follow on nevt page] Virginia Lutheran Homm nc. By: l jek-' \J • Charles L. Downs,Jr. Title: President COMMONWEALTH OF VIRGINIA CITY/COUNTY OF 80-te.4"0Gt rT On this 3(. 'day of = , 2024, the said, Charles L. Downs, Jr., known to me (or satisfactorily proven)to be he person named in the foregoing instrument,personally appeared before me, a Notary Public,within and for the State and aforesaid, and acknowledged that he freely and voluntarily executed the same for the purposes s ated herein. 0LYIc fa Di • - 4(',7l44 Notary Public My Commission Expires: OCi'Obar 3 f1 .2611 Registration No.: a!,(gg,5 o@ po•9, "••• a * . ..-•-a• * PU®LUC ALTHO* CERTIFICATE This is to confirm that I am the President of Virginia Lutheran Homes, Inc., and am authorized to sign documents on behalf of the organization including,but not limited to,the Zoning Amendment Application submitted to the City of Roanoke,Virginia,with respect to Roanoke City Tax Map Parcel 5180304. Dated this ,/j b day of September, 2024. VIRGINIA LUTHERAN HOMES, INC. • By: • Charles L. Downs,Jr. Its: President IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of July, 2015. No. 40303-072015. 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, by repealing Ordinance No. 38709-01 1910, adopted on January 19, 2010, to the extent that it placed certain conditions on property located on 3804 Brandon Avenue, S.W., bearing Official Tax Map No. 5180304, and by placing new proffers on the subject property as such proffers are set forth in new plans; and dispensing with the second reading of this ordinance by title. WHEREAS, Virginia Lutheran Homes, Inc., has made application to the Council of the City of Roanoke, Virginia ("City Council"), to repeal Ordinance No. 38709-011910, adopted P on January 19, 2010, to the extent that it placed certain conditions on property located on 3804 Brandon Avenue, S.W., bearing Official Tax Map No. 5180304, as set forth in a development plan entitled "Brandon Oaks," dated July 28, 2009, and amended October 29, 2009, and a landscape plan entitled "Planting Plan Prepared for Brandon Oaks," dated November 18, 2009, and to rezone such property by placing certain new conditions on the subject property as set forth in a development plan entitled "Brandon Oaks Development Plan, Amendment to Original Plan by Perkins Eastman Architects, PC," dated May 26, 2015, and a landscape plan entitled "Landscape Plan for Brandon Oaks "The Pines'," dated May 26, 2015, as set forth in a Zoning Amendment Application No. 1 dated May 26, 2015; WHEREAS, the City Planing 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; 1 WHEREAS, a public'hearing was held by City Council on such application at its meeting on July 20, 2015, 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. 38709-011910, adopted on January 19, 2010, to the extent it placed certain conditions on property located on 3804 Brandon Avenue, S.W., bearing Official Tax Map No. 5180304, and rezoning such property by placing certain new conditions on the subject property as set forth in a development plan entitled "Brandon Oaks Development Plan, Amendment to Original Plan by Perkins Eastman Architects, PC," dated May 26, 2015, and a landscape plan entitled "Landscape Plan for Brandon Oaks The Pines'," dated May 26, 2015, and is of the opinion that such properties be zoned .RMF, Residential Multifamily District, with proffers as set forth in the Zoning Amendment Application NO. 1 dated May 26, 2015. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Ordinance No. 38709-0] 1910, adopted on January 19, 2010, to the extent it placed certain conditions on property located on 3804 Brandon Avenue, S.W., bearing Official Tax Map No. 5180304, 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, Proffers set forth in the Zoning Amendment Application No. I dated May 26, 2015, are accepted and placed on the property located on 3804 Brandon Avenue, S.W,, bearing • Official Tax Map No. 51 80304, and that such property be zoned RMF, Residential Multifamily District, with conditions proffered by the.applicant in the-Zoning Amendment Application No. I 2 dated May 2t0, 2015, and that §36.2-100, Code ()I'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: tilt al)/ City Clerk 3 • 24 BRANDON OAKS m MAXIMUM NUMBER OF DWELLING UNITS.228 • .-r SITE AREA:18.554 ACRES I 3.2404. O SITE DIMENSIONS:631'x 13T8' A Iaaw ZONING:RMF(C) --_• / �--_ 1 / LT: :°+' v SETBACKS __J II rt6.N P2.7119.C o FRONT YARD:10'MIN, f i aln.so.To N SIDE YARD:15 \ ''\ /° 11 ° REAR YARD:5' -- r \ ' 4 J 0 . LAND USE:MULTIFAMILY,CONGREGATE HOME 6 J i 1 e E ELDERLY AND TOWNHOUSE 5 \ 3 / 2 I /° • CUfI'En Zo I+Ei EXISTING STO NAG 0 to o OPEN SPACE: I /" sreLnno rnrr:PI API cmrON+c o 'IX r.TI NG VMETATIO N � REQUIRED: LINE OF BUFFER ZONE Ids&I ' TO IEIAAII+ $ 100 SFx228 UNITS=22.800 SF ___ _ ++a;+iti7u•vr v PROVIDED: a. 44,B3B SF ! Rc 7PARALLEL�'-. -� cl ob 8c........................trn,,,..„„, P'c SOUTH CAM PUS I PROPOSED PROPOSED p MULTI F/WILY I�' ,ACES y ', O� OEi0 R» MUT'IFAMAIN 18 SP ACES EXISTING MULTIFAMILY BUILDING --"-- vn.r "Will' -a onn °"' " g ING MAIN p v (TINES 1'-PER 2009 DEVELOPMENT PLAN) r "19"' 34 \ CONGR GATE;NOw1C ENTRANCE J F Tze. ill/ SPACES v F O 2 EXISTINGPAULTIFAP;IILYBUILDING 9 14 9 N 7sPAc[s / i C) o (TINES --- �, / or IN �GrENcrace 3, m Tr so • 3- (`P ) 11 ; / Pl. �.�... j �'1: � is+aii m, . �' ULTEf+TIOf+ CI'1 u.1U0J7d,'Ifi•VJPROPOSED MULTIFAMILY BUILDINGS Ns LSTINGm1� 9 10SPACES orr.N^u+r.E E:X BUSTING roi un (`PINES III'&"PINES IV°) 6, EXISTING h / uC0IANM1UNITY MULT(ChN11ti;-tea :"8„, ,. M10110F FLOORS:3 - �• a��`ir `�� s J•'w11 _ a N BUILDING FOOTPRINT:±14,150 SF 1 • "r 0 y'` 47, 19 SPACES 1 c GROSS FLOOR AREA:t41;908 SF 11 PACES' <} \: fi E PARKING SPACES:14 PER MULTIFAMILY BUILDING 10 SPACES ar N 26 SpAGES a (1 PER UNIT) —__ ( 4:z i Ag • �1J- 9Ty, vrnu to r.Er.+nu+ NEIGHBORING PROPERTY 12 � "° I EXISTING O =c2a ��T i��� INFORMATION MUt�sI aAMILY 68 SPACES �� /lam O 1-TAX NO.:5180302 --__— rNtxar - ✓/ c1 OWNER:CORPORATION OF THE PRESIDING BISHOP ' pQ'e5 -.• PARKING CALCULATIONS 0 ZONING:IN LAND USE CHURCH 13 it Brag)N O 3}$p-h' SE . .yt•'YL' PARKING REQUIRED: / 2-TAX N0.;5180326 ." 9�� MULTIFAMILY(SENOR)APARTMENTS: 208 x0.15 SPACES!APARTMENT.156 SPACES r OWNER:BETTY C.ETZLERUVING TRUST LINE OF _ _ _ _ _ _ _ _ _ ��. m ZONING:R•;2 LAND USE SINGLE FAMILY RESIDENTIAL —__ 1 SUFFER ZONE CONGREGATE CAPE RESIDENCES: 40 BEDSxl SPACE l28EDSv20 SPACES C r E 3-iAX N0,;5160325 00.2-l-E U+U,IU NnTUIt 1l VF0ETftTFiN 'PEAK TOTA LOAD O.:PLOYEES 71 EMPLOYEES xt SPACE12 EhWLOYEESo 38 SPACES OWNER: AVAILABLE COSTING Io NE II.i,UIEO TOTAL PARKING REQUIRED: 212 SPACES m NATURAL V CA ETATME 1C RETAINING MEI.TO PE MAIN O. ZONING: LAND USE SINGLE FAMILY RESIDENTIAL 14 IIUF r E R TO II ERF.TAINER JJ _ PS RFp INE R cV LIME o r PARKING PROVIDED: 4-TAX NO.;S1B0340 _-� uUrr LRzANI LOT SPACES(EXISTING): 2NISPACES OWNER:PETER H.B LEE B.YtONSON 150 a :5D' LOT SPACES MULTIFALIILY(PROPOSED) 7 SPACES ex ZONING:R-12 LAND USE SINGLE FAMILY RESIDENTIAL —� GARAGE SPACES MULTIFAMILY(LUSTING) 24 SPACES `0 5-TAX NO.:518D341 NEIGHBORING PROPERTY NEIGHBORING PROPERTY SCALE: 1' = 150' GARAGE SPACES MULTIFAMILY(PROPOSED) 28 SPACES 13 OWNER:JOHN Wl.SSHIRLY B.h1UyEIL INFORMATION(Condi,Ned/ INFORMATION(Continued) TOTAL PARKING PROVIDED: 350 SPACES ZONING:R-12 LAND USE SNGLE FAMILY RESIDENTIAL c 8•TAX NO.:5160342 10-TAX NO.:5100329 14-TAX NO:5050503 m OWNER:VALENFINO J.8 BONNIE F.SARTLNI,III OWNER SALVATORE A.8 JOROAN KATE PU250 OWNER GEORGE A.ELLIS III p ZO DEVELOPMENT P LA N ZONING:R-12 LAND USE:SINGLE FAMLY RESIDENTIAL TONING:R-12 LAND USE:SINGLE FAMILY RESIDENTIAL ZONINGR-12 LAND USE:SINGLE FAMILY RESIDENTIAL 4 7-TAX NO.:5180313 11-TAX NO.:5180314 15-TAX NO.:5190101 o OWNER:MICHAELR.BKELLYRDOOLEY OWNER:RONALD A MILAN OMER POPLAR HILL LIMITED PARTNERSHIP LIP ORIGINAL APPROVED PLAN BY ZONING:R-12 LAND USE SINGLE FAStER RESIDENTIAL ZONING:Rd2 LAND USE:SINGLE FAMILY RESIDENTIAL ZONING:RA LAND USE SINGLE FAMILY RESIDENTIAL BRANDON OAKS PERKINS EASTMAN ARCHITECTS,PC 8-TAX NO.:5160327 1z-TEN NO.:5Bs06D1 DATED 07128/09-AMENDED 10129/09 1- OWNER:KEVIN 8 SUSAN M.RUSSELL OWNER JAIAES 8.TRACEY L,ZADELL ZONING:R-12 LAND USE SINGLE FAMILY RESIDENTIAL ZONING:R-12 LAND USE:SINGLE FAMILY RESIDENTIAL VIRGINIA LUTHERAN HOMES,INC. AMENDMENT No.1 TO APPROVED PLAN BY 03 9-TAX NO.:518032B 13-TAXNO.:5050502 3807- BRANDON AVENUE LUMSDENASSOCIATES,PC o OWNER:McKIM.EYT.8KIMBERLYRUSSELLFORREST OWVERTHEBONNIEMANNLIVINGTRUST ROANOKE i ZONING:R-12 LANDUSESINGLEFAMI.YRESIDENTIAL ZONING:R-12 LAND USE:SINGLE FANCILY RESIDENTIAL ,VIRGINIA24018 DATED 5/26/15 m N ' '� LUMSDEN ASSOCIATES P.C. 46G4 BRAIviBLETONAVENUE PHONE:(540)774-44110 DATE: q�1ENDMENff No.2 PLAN DATE: September 13,2024 LL o r----,�_ ENGINEERS-SURVEYORS-PLANNERS P.O.BOX 20669 FAX:(540)772�)445 COMM.NO.: 23-187 2 '' '�La�'. ® ROANOKE,VIRGINIA ROANOKE,VIRGINIA 24018 E-MAIL:MAILQLUMSDENPC.COM SCALE: W 1"=150' 6 14034zoning amendment-2024update-landscape 2024 alt \\ ', (` +®� �l� \` `i �"`� GRADING NOTE 1 GRADING MAY REQUIRED!N A \\, \ \il` PORTION OF THE LANDSCAPE BUFFER r AREA. SHOULD THIS OCCUR,A CONTINUOUS MASS PLANTING WITH ilt wVARIED SPECIES SHALL BE INSTALLED Z \ ALONG THE PERIMETER OF THE GRADED ''!Yi\ AREA,AND ALL EXISTING TREES WITH A Iiiii„\\\\. CALIPER GREATER THAN 9'(NINE ® .. ®® ' �\, INCHES)SHALL BE REPLACED WITH LIKE _� � \ \ (e\ 1\4\ r SPECIES. N.".\ e... (} 6,\„‘...‹•1.N...0 1,°( ,\t.\7.\\\\\ , /it14„ %)...,,,,,t„ ' \\� \\ \\� r / �, "Z N.,•N,' N. �, J \\�\\\\� \ gte) ....,\. ...,.,:,.. --,,,,k, \ . , ,.... _ „, , v1.„ ,,, , ‘ , ,,, \ft's.1, \\ -,..,...? ....., .- ` THEE), \..,.�.-1 fi • =PINES IV .. E-, - „--vi. ..al.......,.. ..›. ....›. r LARGE EVERGREEN , 7 ig-7 7 "��" �' r "s- . " SCREENING MASS „k" , ,• -"^` / 'C /�```1 �'.•`�i1 .1., .� •/. PLANTING /Iraq-' 4 I t P,/ kT- \ ,l Via. I L,..... **7 / dii. .THE' x'` THE PINES II !��; o , PINES III EXISTING 2-STORY e / s (1q11 = 'MULTIFAMILY) \\\\\ "-* THE PINES sr— :(EXISTING 2-STORY �...1 �. �. �':4:,. ',a'l/ :MULTIFAMILY) /" I r� // �i ..i,��riu l �! i - �i LARGE EVERGREEN r: O=_ \1 -.� `y SCREENING MASS ti� "' { `` PLANTING Ati• .(`r. °I. " -,, ' _-- SEE GRADING NOTE -- -Avc � _y `'iz i ` v e —� , ate _ ; --��.` "� 'LANDSCAPE BUFF R LINEO�1 `— 1" —" .� _ \�����\�`_ LARGE EVERGREEN SCREENING �-�- EXISTING CANOPY 8 MASS PLANTING DESCRIPTION I ‘,"..,5 _w_ UNDERSTORY �—..r-.....,,, ,..—.- PLANTS TO BE USED SHALL BE LIMITED VEGETATION ______— TO EVERGREEN TREES OR SHRUBS WITH —.,.. -. -,_-_ __--�_._____�-- AMINIMUMMATUREHEIGHTOF6'. �—____ _ PLANTS SHALL BE A MINIMUM OF 4' "�"� \`� adi HEIGHT AT TIME OF PLANTING. SHRUBS SHALL BE PLANTED ON 5'CENTERS, ®r ... �� v X -0x TREES ON 8'CENTERS. z z a PREFERRED SELECTIONS ARE: 00' 0 100' z a z I:, LEYLAND CYPRESS(x Cupressocyparis c� I $ 1 m I leylandii),PRAGUE VIBURNUM(Viburnum x I i a I pragense),RHODODENDRON(Rhododendron SCALE: 1" = 100' 4 I ' catawbiense),'NELLIE R.STEVENS'HOLLY (Ilex x'Nellie R.Stevens'),'DRAGON LADY' REVISED: October 16, 2024 I N HOLLY(Ilex aqulpernyl'Dragon Lady'). AMENDMENT No. 2 DATE: September 13, 2024 - LUMSDEN ASSOCIATES, P.C. SCALE: - — ENGINEERS-SURVEYORS-PLANNERS 1 - lay - _==- ROANOKE, VIRGINIA COMM. NO.: 23-187 4664 BRAMBLETON AVENUE PHONE:(540)774-4411 LANDSCAPE PLAN for BRANDON OAKS P.O.BOX 20669 FAX:(540)772-9445 "THE PINES" ROANOKE,VIRGINIA 24018 E-MAIL:MAIL@LUMSDENPC.COM w:\drawings\2023\2023-187\01-cad\01-engineering\o1-preliminary\14034zoning amendment-2024update.dwg :14 14034zoning amendment-2024update-section 2024 -- `! \� \\\\\ ` `� \\i t/ /ter\ �\ : ‘1 � t N _L.N ��_ Q Q as \ \ 1\ 11 1 N \ \ \ \ \ , / .4 _ Etli ti\ , 1 \ lil• WO .81/1.......,111010 a\lalk\ c \ 1 C\ IN \\\\\ \ t ' T. 7 \ k\* , \ 0 l ' 1 1 \ 1 111 • 1 ,\ Lkkk 1*.\\\*.' . \ . S''%%0q ,45‹,... I I 1 % .\\ \\ * , Nko \\ �� \2 3 40 .„. I ,.---i\ \\ ---- \\\\ 4 4,* , +, \ ' * .44 \ �I $ 4 �� 7 -%.,., 4„ i ...im-.., � l ` .,\ \�/ � * # TAX No. 5180325 �1� ,, ;THE , Z. _� � =_- 7aSO 1 ,- ; ,PINES IV- - ,� ��— .: t __ _ ____ __r ` 4, AI —'— i- dr----., ... . .0._. ---__..... .s_,: , :s' Ariell: ""--... de 410: AI ___________-_, if r——— ip 1 I, we ,_, V ill 34470 1 - .1 .II, ........4.1.-:.-. ' i , -i I .\1 l SCALE: 1" = 60' t 1 AMENDMENT No. 2 DATE: September 13, 2024 = LUVISDEN ASSOCIATES, P.C. SCALE: - ENGINEERS-SURVEYORS-PLANNERS 1"= 60' ___=------___------ -_-.- --- - ROANOKE VIRGINIA COMM. NO.: 14-034 4664 BRAAMBLETON AVENUE PHONE:(540)774-4411 P.O.BOX 20669 FAX:(540)772-9445 ROANOKE,VIRGINIA 24013 E-MAIL:MAIL@LUMSDENPC.COM w:\drawings\2023\2023-187\01-cad\01-engineering\01-preliminary\14034zoning amendment-2024update.dwg Li N O cv O 0 m b m 7 O D N C m E C m E b VIEW FROM TAX MAP #5180325 ma j 1110 �_—_W — _, __ 45 MAX HEIGHT= 1100 j R RMF ZONING 1100 DISTRICT © 1090 I "' o a 090 N ;�1080 � ' ' `y—%`ti 1, 080 N 1070 I I %1\7:\ I 1070 j �� �'� E L 1060 }} _r —_ 1060 • 4 1050 —L-- _ —__ -- E '/l' _ 1050 3 1040 j 1040 E — _____ IILm 1030 I j j I 1030 0 0+00 0+50 1+00 1+50 2+00 2+25 HOR. SCALE: 1" =20'.VERT.SCALE 1"= 20' rt I, . m o NOTE: U THIS SECTION IS INTENDED TO ILLUSTRATE THE RELATIONSHIP BETWEEN o EXISTING RESIDENTIAL NEIGHBORHOOD AND THE PROPOSED DEVELOPMENT. THE LOCATION OF EXISTING TREES ARE APPROXIMATED USING EXISTING 20' 0 20' A AERIAL PHOTOGRAPHY. EXISTING GRADE ELEVATIONS AND EXISTING DWELUNG o LOCATIONS TAKEN FROM CITY MAPPING. i SCALE: 1" = 20' N N —=- ' LUMSDEN ASSOCIATES, P.C. 4664 HI:AMBLETONAVENUL PHONE:(540)774-441'I DATE AMENDMENT No.2 DATE:September 13,2024 0 0 = _ ENGINEERS-SURVEYORS-PLANNERS P.O. BOX 20669 FFAX:(540)»2-9445 COMM.NO.: 14-034 ' �a ROANOKE,VIRGINIA ROANOKE,VIRGINIA 2 401 8 E-MAIL:MAILQLUMSDENI'C.COM SCALE, W 2 _ 1"=20' CC 14034zoning amendment-2024update-section 2024 ....._/ i .. ,--'' A---\ Nt 1 .7 --�-___� — �JVTH'E � I � -- v o� -_ > -� PINES III �I . g a i\' cri • . ,..„,.....--v011 II 1 tl' :. --171 I .--""IL.. 7. 7:141111111111111111L2,17:: ...,.... ..... i 444111141, - ' "111 _r _....... _____._. — _�- \ N �. .� .--�— \ ` \ \ i'-- I / I I 1 ( `\ , 17..........______ _xi.) , [WOMIIIKOD me...376. MIVIIMIMMERie i 4 -r'i O ___,,,t_i_z_am, 4 1_ — y I TAX No. 51 80327 so' 0 60' —"--'-- V �LENTI NE ROAD i SCALE: 1" = 60' L AMENDMENT No. 2 DATE: September 13, 2024 - LUNISDEN ASSOCIATES, P.C. SCALE: 1,, - so' _ --- ENGINEERS-SURVEYORS-PLANNERS COMM. NO.: — — ROANOKE, VIRGINIA 14-034 4664 BRAMBLETON AVENUE PHONE:(540)774-4411 P.O. BOX 20669 FAX:(540)772-9445 ROANOKE,VIRGINIA 24018 E-MAIL:MAIL@LUMSDENPC.COM w:\drawings\2023\2023-187\01-cad\01-engineering\01-preliminary\14034zoning amendment-2024update.dwg • 6 e • 0 O. U C O m W 0 N a a a 0 0 N C O - E c 0 E m c 0 • .7 c VIEW FROM TAX MAP #5180327 1120 1120 e _ I 1 L __ ( I I 1110 1 `S1T— 1110 110D ------- —___._ — _ _. y —5 1,(_o'..—_ asmICT _ 1100 O r 1090 I 1 '€ - !,„.. , , , <� I 1090 0 1000 i ---- --�__ "4 7 �.� '� 111I11c 1080 0.9 1070 C:_------'11 — — i i t— ! 1070 1060 E - ! —--� -� �_— { _ — ._ 1060 `° 10 I� i 050 a I • 1040 I 1040 0 0+00 0+50 1+00 1+50 2+00 2+50 3+00 3+50 3+75 H .SCAM 1..70',WIT.SWE:I.-30' r. E m 0 a O • C m m O NOTE: THIS SECTION IS INTENDED TO ILLUSTRATE THE RELATIONSHIP BETWEEN o EXISTING RESIDENTIAL NEIGHBORHOOD AND THE PROPOSED DEVELOPMENT. m THE LOCATION OF EXISTING TREES ARE APPROXIMATED USING EXISTING 30' 0 30' A AERIAL PHOTOGRAPHY. EXISTING GRADE ELEVATIONS AND EXISTING DWELLING o LOCATIONS TAKEN FROM CITY MAPPING. SCALE: 1" = 30' n m - LUMSDEN ASSOCIATES, P.C. 4664 BRA v1BLF.'I'ONAVENUE PHONE:(540)774-4411 DATE; AMENDMENT No,2 DATE:September 13,2024 1Gm ENGINEERS—SURVEYORS—PLANNERS P.O. BOX 20669 FAX:(540)772-9445 COMM.NO.: 14-034 �-ea� a ROANOKE,VIRGINIAROANOKE,VIRGINIA 24018 E-MAIL:MAIL@LUMSDENCCOM SCALE w 1"=30' 6 0 14034zoning amendment-2024update-section 2024 ------.—...._., N.. Nii s ./,,.., .......,_, ss ,,,k7f- 11.• ) ), ...,,.._,_,,-,-74 Alb" -, . , - 1-* 4 / ,, — - ff � � te)0. :if '— \ t ad -...„-........ .—_._.___ _____---.4 iv) 4 f / \\ ( - ,,,....7:40 _________ , \, ....____ ___ ___ , --r li .,--'r '-'-.-............- .._...... ....'..".-...•-.... ....--_.. '-'-'.....'"\., eil ty' —— -'.'mow\ --5 ._ O '5—— , ,--rt.. .. - - _ 2._ �`_ ,,� THE- - --'--—--_---`' A.`, v PINES III ,n -,. rl �1 1 —— 4tf,41 fli -,,,,.. r.. Ait . 110) OM I A s,c,„0,.10,, L. "Y-- . \ V. Mot illipmAi _......TAX No. 51180341 _ _ 1 • „ --- _ r- �,11 --1----13 - -›-c< `-v---- ele:::::b4.111143,141401 \ :- --.. Illt 4. 14 --— _�-____ --�'• i -- " "may„" -- \ \ _____ I r--------------,\N„,_ - _ }__,,, -.60' 0 60' /SCALE: 1" = 60' Ii ~--r- --— AMENDMENT No. 2 DATE: September 13, 2024 = = LUMSDEN ASSOCIATES, P.C. SCALE: = ENGINEERS-SURVEYORS-PLANNERS , 1" -60' =_-_-= ROANOKE, VIRGINIA COMM. NO.: 14-034 4664 BRAMBLETON AVENUE PHONE:(540) 774-4411 P.O. BOX 20669 FAX:(540)772-9445 ROANOKE,VIRGINIA 24018 E-MAIL:MAIL@LUMSDENPC.COM w:\drawings\2023\2023-187\01-cad\01-engineering\01-preliminary\14034zoning amendment-2024update.dwg n v N 0 N C O 0 0 0 '0 V 0 N L E E a • E E m I VIEW FROM TAX MAP #5180341 N r 1130 l_ V— i Eli_ I 1130 o 1120 I _ �45'MAX.HEIGHT-1120 _-__ ___�_- ? °a_ RMF ZONING - 4 ___,___.= C - _`r,3� - DISTRICT Ol 1110' .r` ------_ 1110 3 I— a VV� 13 1100 { J ^r 1100 I ::: — -- `-� 1090 - - — iA 1) 1070 \ - 1070 �oo � _ r. ✓ 1060 1060 — * 1050 1 — i oa 1050 0 • o HOR.SCALE 1°=20',VERT:SCALE: 1°= 20' rt m m a 0 a NOTE: O 6 THIS SECTION IS INTENDED TO ILLUSTRATE THE RELATIONSHIP BETWEEN EXISTING RESIDENTIAL NEIGHBORHOOD AND THE PROPOSED DEVELOPMENT. 03 THE LOCATION OF EXISTING TREES ARE APPROXIMATED USING EXISTING 20' 0 20' N AERIAL PHOTOGRAPHY. EXISTING GRADE ELEVATIONS AND EXISTING DWELLING H LOCATIONS TAKEN FROM CITY MAPPING. r. SCALE: 1" = 20' v N o DATE: AMENDMENT No.2 DATE:September 13,2024 m '"-I-'.---''''-'''—''''- ' LUNISDEN ASSOCIATES, P.C. 4664 BRAMBLE'I'ONAVENUI PHONE:(540)774-441'1 0 ENGINEERS-SURVEYORS-PLANNERS P.O. BOX 20669 FAX:(540)772-9445 COMM.NO.: ° ROANOKE,VIRGINI.A 24018 E-MAIL:MAIL@I_UMSDENIL.COM14 CG'4 W v` ', ROANOKE,VIRGINIA SCALES w 1"=20' N TRIP GENERATION SUMMARY AND NARRATIVE The following calculations provided are based on data and traffic models from the 11ih edition of the Institute of Transportation Engineers (ITE)Trip Generation Manual. The proposed Development Plan includes the demolition of(2)duplexes and the construction of (2) 14-unit multifamily buildings for a net increase in independent living of 24 units. Three traffic model scenarios are provided. One for the Total projected increase in Weekday Trips to the Brandon Oaks Property and one for each of the AM/PM projected Peak Hour Generators. A summary is provided below with the calculations/models provided on the following pages. Summary: Independent Living Units Increase =24 Units Projected Peak Weekday Total Trips = 94 Trips Projected AM Peak Hour Trips= 13 Trips Projected PM Peak Hour Trips = 8 Trips Land Use: 252 Senior Adult Housing—Multifamily Description Senior adult housing—multifamily sites are independent living developments that are called various names including retirement communities, age-restricted housing, and active adult communities. The development has a specific age restriction for its residents, typically a minimum of 55 years of age for at least one resident of the household. Residents in these communities are typically considered active and requiring little to no medical supervision. The percentage of retired residents varies by development. The development may include amenities such as a golf course, swimming pool, 24-hour security, transportation, and common recreational facilities. They generally lack centralized dining and on-site health facilities. The dwelling units share both floors and walls with other units in the residential building. Senior adult housing—single-family (Land Use 251), congregate care facility (Land Use 253), assisted living (Land Use 254), and continuing care retirement community (Land Use 255) are related land uses. Additional Data The technical appendices provide supporting information on time-of-day distributions for this land use.The appendices can be accessed through either the ITETripGen web app or the trip generation resource page on the ITE website (https://www.ite.org/technical-resources/topics/trip- and-parking-generation/). The sites were surveyed in the 1980s,the 1990s, and the 2000s in Alberta (CAN), California, Maryland, New Hampshire, New Jersey, Ontario (CAN), and Pennsylvania. Source Numbers 237, 272, 576, 703, 734, 970, 1060 414 Trip Generation Manual 11th Edition • Volume 3 it' 9/26/24,2:50 PM itetripgen.org/query/PrintGraph2?code=252&ivlabel=UNITS252&timeperiod=AWDVTE&x=24&edition=685&locationCode=General... Senior Adult Housing - Multifamily (252) Vehicle Trip Ends vs: Dwelling Units On a: Weekday Setting/Location: General Urban/Suburban Number of Studies: 6 Avg. Num. of Dwelling Units: 72 Directional Distribution: 50% entering, 50% exiting Vehicle Trip Generation per Dwelling Unit • • Average Rate Range of Rates Standard Deviation 3.24 2.59-4.79 0.53 Data Plot and Equation 800 600 N - 0 w a / 400 -/ - • _ 200 �_ !` / X 94 X �8--- 24 00 50 100 150 200 250 300 X=Number of Dwelling Units X Study Site Fitted Curve - - - - Average Rate Fitted Curve Equation:T=2.89(X)+24.82 R2=0.99 Trip Gen Manual, 11th Edition • Institute of Transportation Engineers https:/ttetripgen_org/printGraph 1/1 9/26/24,2:51 PM itetripgen.org/query/PrintGraph2?code=252&ivlabel=UNITS252&timeperiod=TAGEN&x=24&edition=685&locationCode=General Ur... Senior Adult Housing - Multifamily (252) Vehicle Trip Ends vs: Dwelling Units On a: Weekday, AM Peak Hour of Generator Setting/Location: General Urban/Suburban Number of Studies: 10 Avg. Num. of Dwelling Units: 79 Directional Distribution: 45% entering, 55% exiting Vehicle Trip Generation per Dwelling Unit Average Rate Range of Rates Standard Deviation 0.29 0.19-0.64 0.10 Data Plot and Equation 60 X 50 ,: r 40 Q 30 x 20 X X • .' — ' 13 "XX' i , ; , 10 X 7 00 2450 100 150 200 250 300 X=Number of Dwelling Units X Study Site Fitted Curve - - - - Average Rate Fitted Curve Equation:T=0.19(X)+8.01 R2=0.85 Trip Gen Manual, 11th Edition • Institute of Transportation Engineers https7/itetripgen.org/printGraph 1/1 9/26/24,2:52 PM itetripgen.org/query/PrintGraph2?code=252&ivlabel=UNITS252&timeperiod=TPGEN&x=24&edition=685&IocationCode=General Ur... Senior Adult Housing - Multifamily (252) Vehicle Trip Ends vs: Dwelling Units On a: Weekday, PM Peak Hour of Generator Setting/Location: General Urban/Suburban Number of Studies: 10 Avg. Num. of Dwelling Units: 79 Directional Distribution: 54% entering, 46% exiting Vehicle Trip Generation per Dwelling Unit Average Rate Range of Rates Standard Deviation 0.30 0.24-0.46 0.06 Data Plot and Equation . Q 40 x fr X 20 X': 'X x 8 X 7 , 24 00 50 100 150 200 250 300 X=Number of Dwelling Units X Study Site Fitted Curve - - - - Average Rate Fitted Curve Equation:T=0.29(X)+0.82 R2=0.93 Trip Gen Manual, 11th Edition • Institute of Transportation Engineers https://itetripgen.org/printGraph 1/1 Brandon Oaks Neighboring Property Information 1. Tax No. 5180302 Corporation of the Presiding Bishop of the Church of Jesus Christ 3808 Brandon Ave, SW Roanoke, VA 24018 2. Tax No. 5180326 Betty C. Etzler Living Trust 3501 Loblolly Ln., SW Roanoke,.VA 24018 3. Tax No. 5180325 Owner Not Available 3502 Loblolly Ln., SW Roanoke, VA 24018 4. Tax No. 5180340 Peter H. & Lee B. Wonson 3519 Windsor Oaks Cir, SW Roanoke, VA 24018 5. Tax No. 5180341 John W. & Shirly B. McNeil 3515 Windsor Oaks Cir, SW Roanoke, VA 24018 6. Tax No. 5180342 Valentino J. &Bonnie F. Sartini, III 3516 Windsor Oaks Cir SW Roanoke, VA 24018 7. Tax No. 5180313 Michael R. &Kelly R. Dooley 3507 Valentine Rd. SW Roanoke, VA 24018 8. Tax No. 5180327 Kevin & Susan M. Russell 3435 Valentine Rd. SW 9. Tax No. 5180328 McKinley T. &Kimberly Russell Forrest 3427 Valentine Rd. SW 5002\0919\12145680v1 Roanoke, VA 24018 10. Tax No. 5180329 Salvatore A. & Jordan Kate Puzzo 3419 Valentine Rd. SW Roanoke, VA 24018 11. Tax No. 5180314 Ronald A. Milan 3411 Valentine Rd. SW Roanoke,VA 24018 12. Tax No. 5050601 . James & Tracey L. Zadell 3347 Valentine Rd. SW Roanoke, VA 24018 13. Tax No. 5050602 Bonnie Mann Living Trust 3339 Valentine Rd. SW Roanoke,VA 24018 14. Tax No.5050603 George A. Ellis, III 3333 Valentine Rd. SW Roanoke, VA 24018 15. Tax No. 5190101 Poplar Hill Limited Partnership, LLP 3752 Brandon Ave, SW Roanoke,VA 24018 5002\0919\12145680v1 ATTACHMENT A lrf;.,;:7,::',".‘;' ,1!:',1 ; ` '5711552,b,p91® ' " ,,, ZONING MAP EXCERPT 'ter t" ' ' Commercial-General Conditional 3804 BRANDON AVENUE SW 2001a Hatpin1 n Ord#32751 '' OFFICIAL TAX MAP NO. 5180304 a „ ` . �MX Mixed Use ,.��° ,°� , , Legend ,5200.117 Q® . , �ubjed Property A M%( i Mixed Use �+ ^` §� .. - Zoning �}.1 Conditional e MXPUD:Mixed Use Planned '. •�� 3.i °,u'kk1 0,,. ' ° . " ZONING Unit Dev N` w L"-'i AD:Airport Dot •• MRPUD(e):Mixed Use _ ♦_lei^; - r.. �- AD{cr.Airport Dot I Planned Unt Dov Conti Alen al e: 'qit '" •° - , .`7 l-- Conditional ,R-12:Res Single-Family - ' ®CG:Com martial-General CC C �" CR-oind(i2cti)o Re Single-Fain ily ' 1aGn(c:tlonam crxal-Gnoral ...I R-3:Res Single-Family .. I CLS:Cominordal-Largo Ste Pn��p�R-3rc):PeeSingle-Family o • - " CLS(c):Conan ordal-Largo DtiY°Conditional _ 4• Ste Conditional ®R-5:Ros Single•Family - Q CN:Comercial- R-G(c):Res Singloily '=`"" `° "'- - °�'" "'" - • - J. . l n Ncighbmmhood D �Conditlonal d"am 5180301 (� p 5190101 d , CN(c):Commercial- R-7:Res Single-FamilyP/�V� 3© • - , - 1~rw�Neighbodtood Conditional - - , R-7(c):Roe Singlo�amigr . , ''� . f s 'Conditional IN. � D.Downtown ;! I22B RA:Res-Agdcultural ,„a„ Institutional �' (.,, •:a D(c):Dothntotn Conditional ' .."�-e .�. Res-Agricultural ricultural �.. RA(c):Res-Agricultural - ,^ g ®I-1:Light Industrial 'o Conditional V/ ' I-i(c):Light Industrial l PM-1:Res Mixed Density ' ' RMF(c).C " Conditional RM-1(c)Res Mixed Density • _LZ:Iioaipindustdal L=— Conditlona, .: {, Multifamily Conditional I�IIII I.2(c):Heavy Industrial ,_-_i RM-2:Res Mixed.D entity 5180303 ' " ° �'Ord#40303-072015 ° "'' ' ' ' ''r+Conditional " • ' Rru1-2(c)Res Mixed Density - - ®IN:Institutional �'�"OConditional `- , IN(c):Institutional Conditional f RMf:Res Multifamily ° o 3•d ` - r=jINPUD:Inditutlonal Planned RMF(c):Res Multifamily 1 51803Q4 , • 4 Unit Dov �- r" Condltlonal ,,, ,OL/^d. '......�...- ,• e, - .. ` OS: r5.-1 o Plan d Unt DtevlC onldtlonal Space creation and Opon 5180326 MN IPUD:Industrial Planned Unit k- ROS(e):Recreation and :, - _ -` ' `� 51,80323 Dev Open Spam Conditional IPUD(c):Industrial Planned ®UF.Urban Flex - 9 ,- ' Unit Dev Condltlonal `.' ' UF(c):Urban Flex 5180324 5180325 l Mx:Mixed Use Conditional p 7 G f Fllodplain Overlay,I' , - , IMAGERY.BIGFOO... J180322 RGB ,, 518�339 -5180340 . . , s • ' . .; I Red: NONE 5180337', , is Green:NONE \5180338 518034 t' . ' 5050.509 INK Blue: NONE 518°336 1.__ ' �050606 • Single-Family ° a t 505060 ' . - N , +1 505060.1 5050605 N 51 0305 518034, 80329 � 0506, 04 ,; 51.8�343••___. 518032 1 I 1 i I I I i 5180345 �-- I 51803 4 505060t2 x 5180; 06 • 18031 �8032.8 \ - '1 _���LE�T�� �w,_ _ 'S" 1.2 ° 0 70 140 280 Feet 5,�18030 A i'-- —50'5?0 09 5150611 5 80308'.' 518031:1 � , , �� 5050607 �� 1 inch = 281 feet `, 1803074 \ :1 . 0 1803 0 15050,608 5050o 10 4 'Single=FGammily • a' 6 1 - The Roanoke Times Account Number Roanoke,Virginia ' 6011439 Affidavit of Publication • Date CITY OF ROANOKE-PBD November 04,2024 Attn TINA CARR 215 CHURCH AVE ROOM 166 - ROANOKE,VA 24011 • Date Category Description Ad Size Total Cost • • 11/04/2024 Legal Notices PUBLIC HEARING NOTICE 2 x 10.25 IN 3,451.65 • 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 was published in said newspapers on the following dates: 10/28,11/04/2024 The First insertion being given... 10/28/2024 Newspaper reference: 0001502133 - • Billing Representative Sworn to and subscribed before me this 4th Day of November 2024_ j\e4-- /e---enj ,,,,0,„,„ Notary Public;"Q?�.••C••.'tr�', - State of Virginia -. = • • 1�1 2Cs`ini 2 Countyof Hanover =r`:' PION - ; REGISTRATION .My Commission expires ••'L #32g549`�. � ARY$. %, pb � • c iR PR% 4 I V THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU 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 SW,Roanoke, Virginia All persons shall be afforded an opportunity to speak and state their views concerning all aspects of these matters.Any applications will be available for review online at https://roanokeva.gov/2019/ Commissions,may be obtained digitally by'emailing planning roanokevagov,and by visiting the Planning,Building,and DevelopmentDepartnient,First Floor,Room 170, Municipal South,Noel C.Taylor Municipal Building,215 Church Avenue SW,Roanoke, Virginia. If you area person with a disability who needs accommodations for any public hearings advertised herein,please contact the City Clerk's Office,(540)853.2541,by noon, November 8,2024. Cecelia F.McCoy,CMC,City Clerk The City of Roanoke Planning Commission will hold a public hearing on Tuesday, November 12,2024,at 1:30 p.m..,or as soon thereafter as the matters may be heard,in the City Council Chamber,Fourth Floor,Room 450,Noel C.Taylor Municipal Building,215 Church Avenue SW,Roanoke,Virginia,to consider the following applications.Cltifens . pre 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 Planning Commission. Physical copies of these applications are available for public inspection in the Planning, • Building,&Development Department,First Floor,Room 170,Noel C.Taylor Municipal Building,215 Church Avenue SW,Roanoke,Virginia,24011.Citizens may also access the applications at bttps:/hvww.roanokevaaov/108E.All persons shall be afforded an opportunity to address the Planning Commission at the public hearing.Written comments may be forwarded to the Secretary to the Planning Commission by mail to 2l5 Church Avenue SW,Room 170,Roanoke,VA 24011,or by email to planning(Rroanokevagov. • Application by Maisey's Metropolis,LLC,to repeal conditions proffered as part of a previous rezoning at 0 Brandon Avenue SW,Official Tax Map No.5200119,and to • rezone 0 and 0 Brandon Avenue SW,Official Tax Map Nos.5200119 and 5200115, _ respectively,from CG,Commercial-General District,with conditions,and MX, Mixed Use District,to CG,Commercial-General District,with conditions.The conditions proposed for repeal,adopted through the enactment of Ordinance No. 32751,include:land use for a highway convenience store with restaurant and fueling stations,and substantial conformity with a development plan and renderings that • specifies location of buildings and infrastructure,and building design.The land use categories permitted In CG include residential;accommodations and group living; commercial;indust ial;assembly and entertainment;public,institutional and community;transportation;utility;agricultural;and accessory,with no maximum density and floor area ratio as specified on the development plan.The comprehensive plan designates the property for commercial corridor use. Application by Virginia Lutheran Homes,Inc,to amend conditions proffered as • part of a zoning amendment a13804 Brandon Avenue SW,bearing Official Tax Map No.5180304,previously accepted by City Council on July 20,2015,by the adoption of Ordinance No.40303-072015.The application is to repeal the existing conditions requiring substantial conformity with a development plan entitled"Brandon Oaks Development Plan,Amendment to Original Plan by Perkins Eastman Architects, PC,"dated May 26,2015,and a landscape plan entitled"Landscape Plan for Brandon Oaks'The Pines',"dated May 26,2015,and replace them with new proffered conditions requiring substantial conformity with a development plan entitled"Brandon Oaks Development Plan,Amendment to Original Plait by Perkins Eastman Architects,PC,"dated September 13,2024,and a landscape plan entitled "Landscape.Plan for Brandon Oaks'The Pines Ill and IV',"dated September 13,2024,and revised October 16,2024.The zoning of the property will remain RMF,Residential District,with conditions,permitting these land use categories: residential;accommodations and group living;commercial;utility uses and structures;animal and agricultural uses;and accessory;with a maximum density of one dwelling unit per 1,000 sf of lot area and no maximum floor area ratio.The comprehensive plan designates the property for mixed residential use. Emily G.Clark,Secretary,City Planning Commission City Council will hold a public hearing on the aforesaid matters on Monday,November 18, 2024,at 7:00 p.m.,or as soon thereafter as the mattes may be heard,in the City Council Chamber,Fourth Floor,Room 450,Noel C.Taylor Municipal Building,215 Church Avenue SW,Roanoke.Virginia All persons wishing to address City Council may sign-up online at _ www.rvanokeva.gov/counrjl.In order to sign up,the form to speak before City Council may be accessed under the tab'Sign Up Form to Speak Before Council"on the left of the screen. For further information,you may contact the Office of the City Clerk at(540)853- ' 2541. - Cecelia F.McCoy,CMC,City Clerk The City of Roanoke Board of Zoning Appeals will hold a public hearing on November l3,2024,at 1:00 p.m.,or as soon thereafter as the matter may be heard,in the City Council Chamber,Fourth Floor,Room 450,Noel C.Taylor Municipal Building,215 Church Avenue SW,Roanoke,Virginia,to consider the following application: Application by Seth Waiters,for 312 13th Street,LLC,for property located at 313 13th Street SW,bearing Official Tax Map No.1212715,zoned CN,Commercial Neighborhood District,fora special exception pursuant to Section 36.2-315;Zoning,Code of the City of Roanoke(1979),as amended,to permit parking,off-site. Aphysical copy of this application is available for public inspection in the Planning, Building,&Development Department,First Floor,Room 166,Noel C.Taylor Municipal Building,215 Church Avenue SW,Roanoke,Virginia,24011.Citizens may also access the application at hens:!/wwwroanokeva.zovt1074. All persons shall be afforded an opportunity to address the Board of Zoning Appeals at the public hearing.Written comments maybe forwarded to the Secretary to the Board of Zoning Appeals by mail to 215 Church Avenue SW,Room 166,Roanoke,VA 24011,or by email to plannina(aboanokeva.gov, V . Emily G.Clark,Secretary,City Board of Zoning Appeals ' The City of Roanoke provides interpretation at no cost for all public meetings,upon request If you would like to request an interpreter,please let us know at least 24 hours in advance by calling(540)853-1283. ' La Ciudad de Roanoke proporciona interpretacidn sin costo por todas cites pdblicas,previa solicitud.Si usted.desea solicitar un intdaptete,hdganoslo saber con al memos 24 horns de antelacidn par Ranter(540)853-1283. . iiji la Roanoke(mama huduma ya ukalimaai bilamalipo katika mikutano yore ya umma,, inapoombwa.Iwapo ungependa kuomba mkalimani,mfadhali tujulishe angalau saa 24 kabla kwa kupiga simu(540)853-1283. w Ja:tr-s Y.As ti+b tr.rrs 4!m.14i 1t1...LSO' Kr4i.r'-t4s jl,j psJ&,.LSj elddt.,.4_1tA :+ 4.r-usas dl.5'C,4iJ24 u•�' yei I.i b- '=Y4r 4+1 urrur.fa.Lr-xi 853-1283(540)el�t r�Eas4i ice. 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 SW, Roanoke,Virginia. All persons shall be afforded an opportunity to speak and state their views concerning all aspects of these matters. Any applications will be available for review online at https://roanokeva.gov/2019/Commissions, may be obtained digitally by emailing planning@roanokeva.gov, and by visiting the Planning, Building, and Development Department, First Floor, Room 170, Municipal South,Noel C. Taylor Municipal Building,215 Church Avenue SW, Roanoke, Virginia. If you are a person with a disability who needs accommodations for any public hearings advertised herein,please contact the City Clerk's Office, (540)853-2541,by noon,November 8, 2024. Cecelia F. McCoy, CMC, City Clerk The City of Roanoke Planning Commission will hold a public hearing on Tuesday,November 12, 2024, at 1:30 p.m., or as soon thereafter as the matters maybe heard, in the City Council Chamber, Fourth Floor, Room 450,Noel C. Taylor Municipal Building, 215 Church Avenue • SW, Roanoke, Virginia, to consider the following applications. ,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 Planning Commission. Physical copies of these applications are available for public inspection in the Planning, Building, & Development Department, First Floor, Room 170,Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke, Virginia, 24011. Citizens may also access the applications at https://www.roanokeva.gov/1088. All persons shall be afforded an opportunity to address the Planning Commission at the public hearing. Written comments may be forwarded to the Secretary to the Planning Commission by mail to 215 Church Avenue SW, Room 170, Roanoke, VA 24011, or by email to planning@roanokeva.gov. Application by Maisey's Metropolis, LLC,to repeal conditions proffered as part of a previous rezoning at 0 Brandon Avenue SW, Official Tax Map No. 5200119, and to rezone 0 and 0 Brandon Avenue SW, Official Tax Map Nos. 5200119 and 5200115, respectively, from CG, Commercial-General District, with conditions,and MX,Mixed Use District, to CG, Commercial-General District,with conditions. The conditions proposed for repeal, adopted through the enactment of Ordinance No. 32751, include: land use for a highway convenience store with restaurant and fueling stations, and substantial conformity with a development plan and renderings that specifies location of buildings and infrastructure, and building design. The land use categories permitted in CG include residential; accommodations and group living; commercial; industrial; assembly and entertainment; public,institutional and community; transportation; utility; agricultural; and accessory,with no maximum density and floor area ratio as specified on the development plan. The comprehensive plan designates the property for commercial corridor use. Application by Virginia Lutheran Homes, Inc.,to amend conditions proffered as part of a zoning amendment at 3804 Brandon Avenue SW, bearing Official Tax Map No. 5180304, previously accepted by City Council on July 20, 2015, by the adoption of Ordinance No. 40303-072015. The application is to repeal the existing conditions requiring substantial conformity with a development plan entitled "Brandon Oaks Development Plan,Amendment to Original Plan by Perkins Eastman Architects, PC," dated May 26, 2015, and a landscape plan entitled "Landscape Plan for Brandon Oaks 'The Pines'," dated May 26,2015, and replace them with new proffered conditions requiring substantial conformity with a development plan entitled"Brandon Oaks Development Plan,Amendment to Original Plan by Perkins Eastman Architects,PC," dated September 13,2024, and a landscape plan entitled "Landscape Plan for Brandon Oaks 'The Pines III and IV'," dated September 13, 2024, and revised October 16, 2024. The zoning of the property will remain RMF, Residential District,with conditions,permitting these land use categories: residential; accommodations and group living; commercial; utility uses and structures; animal and agricultural uses; and accessory; with a maximum density of one dwelling unit per 1,000 sf of lot area and no maximum floor area ratio. The comprehensive plan designates the property for mixed residential use. Emily G. Clark, Secretary, City Planning Commission City Council will hold a public hearing on the aforesaid matters on Monday,November 18, 2024, at 7:00 p.m., or as soon thereafter as the matters may be heard, in the City Council Chamber, Fourth Floor, Room 450,Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke, Virginia. All persons wishing to address City Council may sign-up online at www.roanokeva.gov/council. In order to sign up, the form to speak before City Council may be accessed under the tab "Sign Up Form to Speak Before Council" on the left of the screen. For further information, you may contact the Office of the City Clerk at(540)853-2541. Cecelia F. McCoy, CMC, City Clerk The City of Roanoke Board of Zoning Appeals will hold a public hearing on November 13, 2024, at 1:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Fourth Floor, Room 450,Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke, Virginia, to consider the following application: Application by Seth Walters, for 312 13th Street, LLC, for property located at 313 13th Street SW, bearing Official Tax Map No. 1212715,zoned CN, Commercial Neighborhood District, for a special exception pursuant to Section 36.2-315, Zoning, Code of the City of Roanoke (1979), as amended, to permit parking, off-site. A physical copy of this application is available for public inspection in the Planning,Building, & Development Department, First Floor, Room 166,Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke, Virginia, 24011. Citizens may also access the application at https://www.roanokeva.gov/1074. All persons shall be afforded an opportunity to address the Board of Zoning Appeals at the public hearing. Written comments maybe forwarded to the Secretary to the Board of Zoning Appeals by mail to 215 Church Avenue SW, Room 166, Roanoke, VA 24011, or by email to planning@roanokeva.gov. Emily G. Clark, Secretary, City Board of Zoning Appeals The City of Roanoke provides interpretation at no cost for all public meetings, upon request. If you would like to request an interpreter, please let us know at least 24 hours in advance by calling(540) 853-1283. La Ciudad de Roanoke proporciona interpretacion sin costo por todas citas publicas,previa solicitud. Si usted desea solicitar un interprete, haganoslo saber con al menos 24 horas de antelacion por llamar(540) 853-1283. Jiji la Roanoke linatoa huduma ya ukalimani bila malipo katika mikutano yote ya umma, inapoombwa. Iwapo ungependa kuomba mkalimani, tafadhali tujulishe angalau saa 24 kabla kwa kupiga simu (540) 853-1283. ly��a al v i,�,IiS ,Lu�l j. �Ls.L vl�y a,.ya vl U9s Ls"yac a.ata ul y cL"ti&J"‘J_P- J-1 LSJJJ.J y�l u1:.Y J-1j> (540) 853-1283 u 6J1- .)=;1 a,.9,•=3.aL 24 J91.1.. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of November 2024. No. 43100-111824. A RESOLUTION authorizing the proper City officials to make boundary amendments to the City's Enterprise Zone One A and its Subzone B that will (i) delete certain areas currently within Enterprise Zone One A and its Subzone B and (ii) will add certain areas not currently within Enterprise Zone One A and its Subzone B to Enterprise Zone One A and its Subzone B; authorizing the Interim City Manager or designee to apply to the Virginia Department of Housing and Community Development (VDHCD) for approval of such boundary amendments; and authorizing the Interim City Manager or designee to take such further action as may be necessary to obtain and implement such boundary amendments. WHEREAS, there are certain areas currently located within the City's Enterprise Zone One A and its Subzone B that are not utilizing or are not eligible, and are not benefiting from the inclusion of such areas within such Zone areas; WHEREAS, there are certain areas currently located outside the City's Enterprise Zone One A and its Subzone B that are contiguous to them that are not currently a part of such Zone areas,but that can be added to them and that will benefit from the designation of those additional areas as part of such Zone areas, as set forth in the City Manager's Report dated November 18, 2024; WHEREAS, the Virginia Enterprise Zone Grant Act of 2005, as amended, authorizes the amendment of existing Enterprise Zone areas to delete and to add areas to such Zone and its noncontiguous Subzones, thereby making qualified business firms within such areas eligible for Enterprise Zone benefits; WHEREAS, the deletion of certain areas and the addition of certain areas as part of the City's Enterprise Zone One A and its Subzone B, as set forth above, has a potential to stimulate significant private sector investment within the City in areas where such business and industrial growth could result in much needed growth and revitalization; and WHEREAS, this Council, acting in its capacity as the governing body of the City of Roanoke, has held a public hearing on the above-mentioned proposed boundary amendments, at which public hearing citizens and parties in interest were afforded an opportunity to be heard on such proposed boundary amendments to Enterprise Zone One A and its Subzone B. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke is hereby applying for amendments to the City's Enterprise Zone One A and its Subzone B which amendments will delete certain areas currently within Zone One A and its Subzone B and which will add additional areas to Zone One A and its Subzone B which are currently outside such Zone areas. Such amendments are more fully shown on the map(s) attached to the City Manager's Report dated November 18, 2024, and more fully described in such Report. 2. The Interim City Manager or designee is hereby authorized to apply, on behalf of the City, to the VDHCD for the above mentioned boundary amendments to the City's existing Enterprise Zone One A and its Subzone B pursuant to the applicable provisions of the Virginia Enterprise Zone Grant Act, as amended, which boundary amendments will delete certain areas currently within Zone One A and its Subzone B, and add to Zone One A and its Subzone B certain areas not currently within them, all as more fully set forth in the above mentioned Agenda Report. 3. Council hereby certifies that it held a public hearing as required by the Virginia Enterprise Zone Grant Act Regulations. 4. The Interim City Manager or designee is authorized to submit to the VDHCD all information necessary for the application for the boundary amendments to the City's Enterprise Zone One A and its Subzone B, for the Department's review and consideration and to take such further action as may be necessary and/or execute any additional documents as may be necessary to meet other program requirements or to establish the boundary amendments as set forth above. The City Clerk is authorized to execute and attest any documents that may be necessary or required for the application or for the provision of such information. Such authority shall continue throughout the life of such Zone One A and its Subzone B. 5. Local incentives applicable for Enterprise Zone One A and its Subzone B shall also be applicable for any new areas covered by such approved boundary amendments. 6. Any such approved boundary amendments will be retroactive to the date as provided by such approval from the VDHCD. ATTEST: -77 City Clerk f` City Manager's Report PIN—Witi&m Submitted by: Marc Nelson, Director Department of Economic Development ROANOKE November 18, 2024 Title: Enterprise Zone Boundary Amendments. Background: Due to anticipated development of key properties which are not presently located within the Enterprise Zone, staff have identified a need to apply for boundary amendments to the City's Enterprise Zone One A. Such amendments, if approved by the Virginia Department of Housing and Community Development, will add approximately 28.71 acres into the zone, where future development is anticipated into Enterprise Zone One A. Such amendments, if approved by the Virginia Department of Housing and Community Development, will also delete approximately 58.8 acres which are ineligible for Enterprise Zone benefits and/or are not capable of being developed from Enterprise Zone One A and/or have taken advantage of Enterprise Zone incenti'es in the recent past and are not likely to apply in the future. A full list of additions and deletions to the Enterprise Zone is attached to this report. In accordance with stag regulations, each zone has a maximum acreage limit equal to seven g g percent of total City acrage, which for the City of Roanoke totals 1,922 acres. Zone boundary and incentive amendments are permitted by state regulations once a year. Considerations: A public hearing is required to be held by the City Council prior to the submittal and approval of any such amendments by the Virginia Department of Housing and Community Development. Recommended Action: Absent comments at the public hearing requiring further consideration, adopt a resolution to modify, as set forth above, the boundaries of Enterprise Zone One A, subject to approval by the VDHCD, with an effective date retroactive to a date approved by the VDHCD, as set forth above. Furthermore, authorize the Interim City Manager or designee to apply to the VDHCD for approval of the abovementioned amendments and to take such further action and/or to execute such additional documents as may be needed to obtain or confirm such amendments and to meet the Program requirements throughout the life of the Zones. c)Zit:::::Agro...., Lydia Patton, Interim City Manager Enterprise Zone Amendments 2024 Enterprise Zone Additions 2024 Address Acreage Tax ID 3695 Thirlane Road 2.5215 6530102 1113 Piedmont St SE 0.364 4030613 3404 Brandon Ave SW 1.34 5190104 1917 Franklin Rd SW 3.302 1272801 656 Elm Ave SW 0.26 1120702 2836 Nicholas Ave NE 2.01 7190601 2860 Nicholas Ave NE 1.0088 7190602 3002 Baker Ave NW 0.8107 2510303 3302 Baker Ave NW 5.4526 2510129 3014 Baker Ave NW 0.7663 2510301 20 30th St NW 3.973 - 2510103 • 20 30th St NW 5.79 2510103 Connecting Road Acreage 1.1111 N/A Current Acreage 1917.8131 Additions 28.71 Deletions 58.8212 ;La RAU Enterprise Zone Deletions 2024 Address Acreage Tax ID 3839 Shenandoah Ave NW 5.6223 2732201 4803 Williamson Rd NW 1.2055 2170128 102 Westside Blvd NW 1.7803 6021103 102 Westside Blvd NW 0.7429 6021103 102 Westside Blvd NW 7.298 6021103 102 Westside Blvd NW 1.9232 6021103 102 Westside Blvd NW 3.773 6021103 20 30th St NW 6.2134 2510103 20 30th St NW 3.7927 3, 6021103 0 Luckett St NW 1.5737 2510131 3902 Shenandoah Ave NW 4.8962 2720701 Right of Way Cleanup 20 N/A �p 82LEs North Lakes4:0 1' l inview • � j G/ Applewood .' Beacon Hills Airport C 1 ^� \, p ` La.Bellevue I (:Ian rnva I- I �\'‘ (,1 .. 9Modified Enterprise Zone and r� ,p:,e ,� Little r .�� ' y a /(. 7,,. /Acres Existing Land Use Classifications ROANOKE :1%, Monterery f� Preston Park , �: � • olonial Trail ..\ - ` wescview R g le r. , \ Terrace . " - o --7 Old Monterey ', v `'`` / Golf Club ,^, c` eachtree-Norwood e1 a r y Roun ` m r � c. I . ' 1` 1248 ft\ / ' i 101 Fairland �ti a \ i ...Washin ton � ° \ f' �A ., aea - - 9 , ,r Heights \ ti. A _ '.: , if y, Evans Spring~ 4e' . N. • �:' Villa Heights ° E ewood Summit -� � 9 l `� „ 3 Hills pflte;t Mecca Gardens South , �$ O Hollins e , `- Eastgate. / Washington / Heights Melrose-RugbyWilli on. idgewood - g _< Washington _ " r • Park ti _1'�y� `Park Al, z �� WildWood Wilmont Shenandoah r; , ,.:abv ;:1 r \ • ., . . ... i117j � }Yv N '"� t- elrose . r7[3 — _ -. -_ ,�'� `!_:--- " Sbd�atrt �rF � �elarrison ��`t�®Il m "` �mer� Gainsboro V' .'1 ® S.• - Cherry Hill .�,,� V' Salem VAy Hurt Park °%`Z � Medical Center 'a°ry. , �. � 5p 10 a •^� sa' Fallon Enterprise Zone Parcels ^� �•' sue\ � 1 >. -4 4 � c � . `��,c Land Use Description fir_---- ---•--__4,d o' 9.6 ' , 9orVk ti 1'^ - � ararar ..^cs r..timII,,�„ r 6, --.,r to d / 's cs `Mo l w�: `� 4�ie� -s'W RPt irC vacant , \ �, � ,. l �.F�c � .1 @b ® Kenwood re Single Family � ' ` �9, :&r ` e�,ci ... — ®MultiFamlly Il • I � t �,i i r — Commercial i - -� Wasena, , � .- - �� / _ // • l l Old.Southwest p �24�' ; other �^ _ Ralei h Court Yt 1 MOM City ✓Greater ;�a �\ • g ;•' ��asor�V • € � . a,�a�� \ Morningside Deyerle a`' ~' _�S'w /r1\ = outh! / ; Vacant Acreage: 326 � -(- ` /-'�.r' /, 7 Jeffersonr Single Family Acreage: 20 '"''J I. �,a t , ;; --\`` / :� ` 'r Multi-Family Acreage: 10 • - _ �� •• • _/. .,F�It` zza • =Mi1r Commercial/Industrial Acreage: 1233 { Grandin Court .'"j' �' Mountain Other Acreage: 21 / "J y *Land use acreage based on parcel data* • \, ,.:' Franklin'? I'', Total Zone Acreage: 1887 Bower Rd i' Colonial ,i . N - / South Roanoke �, zz1 �`, r 1101 0:5 1 Miles Dune • Crlsth>il(� f' t L• I I I. - . �,`a • r • A • • VGIN`isri,TomTorn aih,Sr 'Graph,GeoTechnologies,l0c, MEET/NASA,USGS,EPA,NPS;USDA, �� UPS•WS,Esri,NASA,NGA,USGS,FEMA Garden City 1+ • !� North Lakes 1 - z - • i'• • i s 1 ,"\ `,\ i\l I inview : '' ,- �,,, 118 - • i`- , -1 Roanoke CityEnterprise Zone �, • Beacon Hills - i \` Airport J p �� .� l \\ v/' 11 v--` �'- ROANOKE, .' I Glen Cove M . t,� • • ` _ \ _ / `, ! / . , Little Tre 1 .. r .,. • Miller \'•. • Acres i r. Cdurt-Arrowood '* ��/ ./ / \. • ' Monterery. / I / �\ Preston Park '�\ olonial Trail / "\, Westview • •,•\ ti -- t /' od--- \\ / Terrace ;,;, - o ----2 Old Monterey r' \, \. Golf Club ^• '/' c� 1 1Peachtree-Norwood g Q ; /p y \ x t • -' ;` Roundhill ran / 11248 ft / >, \ • �' 101 Fairland I „, \� / i 460 1___ 1 Washington • y -_, i +, Heights . . ' •. )/ . .. /' 1 /, '' I Evans Spring / 1 , `Edlgewood Summit Villa Heights ) • , i 3 I - Hillso %' Mecca G r.ens 4 South .� Hollins ' r.\-ti li s .East ate. ✓• 1 Washington- g > I Heights Melrose-Rugby. '".Willi^ o.n /' i / (Ridgewood 9 `Washington - i • i ( - Park - -Park 1 y��E �i / J Wiidvuood ,�A "!, !✓\., .i! 117 Wilmont Shenandoah _ ^ ` y �f / i . — . \ ..� (rose \ :) / i- - - _ ram, -arrison �, :� �o \ \ ` %f-' - %` - R� .I ' \ ..-P er • - - Gains •ro Salem VA t Cherry Hrll� \ Hurt Park } 1 Fallon , \ 1 Medical Center ) =�`' ` 1- - - dStV\ �, or �j . \` i __ Vinton 1r t7dtPr, \ate \Mo, w-- . . liY e � '� f -, J \„Ya • `'r-, ___- �� t • • Kenwood - II �t i�<. J\ `N,, /' ~ _ J f Wase �r �. 1 % u • • ,',' j, r Old Southwest :I __`� `�L Raleigh Court /2;� `� / r' 1 Gratere �`�� ti`, ' • asorAvey � �'/ \ M. ningside �r <\� .River Edgl South . „ • .- \mac, �` `Jefferson / •• en Proposed Deletions-58.82 acres ' �• a ~ ProposedVr•a ara' r- � —� �` Riverdale Additions 28.71acres g. 221 '. r/ lr� I /� •• i® Current Boundary-1917 acres 1 Grandi•n Fr,./' \ Grandin Court /7- Mountain Ea ^ - - - it it. . . ., '- t I i J-i.Rutroo9 , .. {- . '. •c • . c- - -' ,--:-'' . , ,,::/ /- . . •.\ • 4) ,7 Frankli of v Bower Rd - Colonial N \#41' r, `~ r, South Roanoke /' 0 0.5 1.Miles • /— / 1 ✓ r ' —�116 • ,: J /; P j f. I 1 r'Dundee --_._—CresthilJ ' .i'' \/ / / ./, S `f /fir � 1 /r- ' VGIN;'Esri,TonTorli,Garmin,S<ifeGraph-,GeoTechnologiesli�c,MET(/NASA,USGS, EPA,NPS,USDA, . ( r= '\i i` Garden City J' �1 WS, Esri,'NASA,NGA,USGS, IEMA -81 a �f Modified Enterprise Zone and /,�►� ,..„..,,N . ,, : Existing Zoning Districts ROANOKE ��# � 'Ott r • ' ti'\ a aka s1 - _ er s' 4011111k° , 'Acres 0, 1.I 00''•41*, /---,... , ,. %,..ri, .,,, 7..SH.16"..... ...- ,11,.., ' o_ Eons Spr �;e' -- '- t\ rA's:: ' was rtz.tri. ) w dgeWOO 3' . -• Height � 6ca_ "�' �"L`��l 3Ct iOFi, Gam^ aP Parts .. `~zrrkt g �""t ' " 'sr" . .� ° �.�y. �} d' 1 a+ �,��O�i�,t`iS°I -,; rye , �' >�� +j� +►mo w Ge11 ,713 ' p • s Salem A cherry i i" �s 4r,{ hurt Pcric . d^s ` .``t,,,,, 1 �� ,-,,s, Ca 4 r{ `," �j ,yaiilti ri _T9tn s u' Tfi 0: *. Vinton // 4 /' 11►,. Iv �"�` •'4► \ ffi:�ti' ' �.�1""a� ;Mj�,:Daiy F >gsm;.t :ve '• y�) ryriCe ' , - I+' �/ +Gti bi Q,{$ S ° 1 • _ vt a • •-----___� (� tn) i3 CO;;re d oaf o 'i' ..._\\ PnC:taIiE}uv ,\ . Str f �t j ;' �� �1 ter t 3 n.r1 • -fir. l am ,'" Zoning Districts MX:Mixed Use i :' r 1&?ot 1 1« `� _< ' ,. , t7i� CG:Commercial General [' MXPL.D:Mixed Use Plssnned Lhit Dev l` b 'r _ "°C,, '• CLS:Commercial La-ge Site mg R-S:Residential �' - , '• -� " "f CN:Commercial Neighborhood log RM-1:Residential Mixed Density «�,i , ` r • - i I RM-2:Residential Mixed Density ���t"fig , } ., gm D:Downtown i! " r pl.:Light Indusalal RMF:Residential Multifamily ; ,, , Eig ROS:Recreation and Open Space ;/ - /•r L/r s iC,.t �. (l I-'_:Heavy Industrial 7, 1gm,.,, IN:Institutional LF:u'b-nFlex . VGIN;,Esri,TomTom Gairnin,S<IF Graph,.GeoTechnologies,I"It1�c,MET./NASI\.USGS,EPA,NF'S,USDA, ; ®IMUD:Institutional Planned Unit L v �LF(c):U'ban Flex Conditional Q 0.5 1 Miles v1 I I ' City Limits ( I . I /' Esri,NASA, GA USGS, EMA_ 1 N U S F The Roanoke Times Account Number Roanoke,Virginia 6024677 . Affidavit of Publication Date CITY OF ROANOKE-ECONOMIC DEVELOPMENT November 22,2024 Attn MARC NELSON 117 CHURCH AVE.,SW ROANOKE,VA 24011 Date Category Description Ad Size Total Cost 11/09/2024 Legal Notices NOTICE OF PUBLIC HEARING 2 x 5.00 IN 1,693.95 Publisher of the Roanoke Times I, (the undersigned)an authorized representative of the Roanoke Times,a daily newspaper published in Roanoke,in the State of Virginia,do certify that the annexed notice NOTICE OF PUBLIC HEARING was published in said newspapers on the following dates: 11/01,11/08/2024 The First insertion being given ... 11/01/2024 Newspaper reference: 0001502324 Billing Representative Sworn to and subscribed before me this 22nd Day of November zo24 1_6aa9- Notary Public State of Virginia Kimberly Kay Harris NOTARY PUBLIC County of Hanover Commonwealth of Virginia My Commission expires Reg.No.356753 Commission Exp.Jan.31,2025 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU NOTICE OF PUBIJC HEARING Notice is hereby given that the Council of the City of Roanoke will hold a public hearing on the matters set forth below at its regular meeting to be held on Monday,November 18,2024,commencing at 7:00 p.m.,local time,or as soon thereafter as the matters may be heard,in the Council Chamber,4th Floor,Room 450,in the Noel C.Taylor Municipal Building,215 Church Avenue,S.W.,Roanoke,Virginia. Further information is available in the Office of the City Clerk(540)853-2541,or from Marc Nelson, Economic Development Director,(540)853-2717. Pursuant to the provisions of the Virginia Enterprise Zone Grant Act,Sections 59.1-538,et seq.,Code of Virginia(1950),as amended,the City of Roanoke proposes to make applications to the Virginia Department of Housing and Community Development for the matters set forth below. A.To amend the boundaries of Enterprise Zone One A by adding approximately 28.71 acres B.To amend the boundaries of Enterprise Zone One A by removing approximately 58.82 acres 1. A copy of the maps,a list of Official Tax Map numbers of the properties involved in the amendments referred to above,and the local incentives currently offered in Zone One A are available for public inspection in the City's Department of Economic Development Offices at 117 Church Avenue,S.W.,Roanoke,Virginia 24011,telephone number(540)853-2717. Please contact Marc Nelson at such address or telephone number to view public records related to a parcel of property involved in this matter. 2. A copy of maps and other documents describing the proposed areas of the Enterprise Zone OneA amendments,and the other matters referred to above,are on file and may be reviewed by the public after November 1,2024,in the Office of the City Clerk,Room 456,Noel C.Taylor Municipal Building,215 Church Avenue,S.W.,Roanoke,Virginia 24011,during business hours. 3. All parties and interested citizens may appear on the above date and be heard on these matters.If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office,at(540)853-2541,before 12:00 noon on November' 18,2024. 4. The City of Roanoke provides interpretation at no cost for all public meetings,upon request. If you would like to request an interpreter,please let us know at least 24 hours in advance by calling(540)853-1283. 5. La Ciudad de Roanoke proporciona Interpretacien sin costs por Codas citas pdblicas,previa solicitud.Si usted desea solicitar un interprete,haganoslo saber con al menos 24 horrso de antelacidn por Ilamar(540)853-1283. 6. Jiji la Roanoke linatoa huduma ya ukalimani bila malipo katika mikutano yore ya umma, inapoombwa.Iwapo ungependa kuomba mkalimani,tafadhali tujulishe angalau saa 24 kahla ee kwa kupiga simu(540)853-1283. yl Zu.4 Sly u..IYJ�"JY J�SJ'fJ JF' 6(540)1283-853:isv8 Jell. 444..24 Sv i:51 at- .�tJS:ikix,,IJ GIVEN under my hand this November 1,2024. Cecelia F.McCoy,CMC City Clerk (7).6 NOTICE OF PUBLIC HEARING Notice is hereby given that the Council of the City of Roanoke will hold a public hearing on the matters set forth below at its regular meeting to be held on Monday, November 18, 2024, commencing at 7:00 p.m., local time, or as soon thereafter as the matters may be heard, in the Council Chamber, 4th Floor, Room 450, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W.,Roanoke,Virginia. Further information is available in the Office of the City Clerk, (540) 853-2541, or from Marc Nelson, Economic Development Director, (540) 853-2717. Pursuant to the provisions of the Virginia Enterprise Zone Grant Act, Sections 59.1-538, et seq., Code of Virginia (1950), as amended, the City of Roanoke proposes to make applications to the Virginia Department of Housing and Community Development for the matters set forth below. A. To amend the boundaries of Enterprise Zone One A by adding approximately 28.71 acres B. To amend the boundaries of Enterprise Zone One A by removing approximately 58.82 acres A copy of the maps, a list of Official Tax Map numbers of the properties involved in the amendments referred to above, and the local incentives currently offered in Zone One A are available for public inspection in the City's Department of Economic Development Offices at 117 Church Avenue, S.W., Roanoke, Virginia 24011, telephone number (540) 853-2717. Please contact Marc Nelson at such address or telephone number to view public records related to a parcel of property involved in this matter. A copy of maps and other documents describing the proposed areas of the Enterprise Zone One A amendments,and the other matters referred to above,are on file and may be reviewed by the public after November 1, 2024, in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia 24011, during business hours. All parties and interested citizens may appear on the above date and be heard on these matters. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at (540) 853-2541,before 12:00 noon on November 18, 2024. The City of Roanoke provides interpretation at no cost for all public meetings, upon request. If you would like to request an interpreter,please let us know at least 24 hours in advance by calling (540) 853-1283. La Ciudad de Roanoke proporciona interpretacion sin costo por todas citas publicas, previa solicitud. Si usted desea solicitar un interprete,haganoslo saber con al menos 24 horas de antelacion por llamar(540) 853-1283. 1 Jiji la Roanoke linatoa huduma ya ukalimani bila malipo katika mikutano yote ya umma, inapoombwa. Iwapo ungependa kuomba mkalimani, tafadhali tujulishe angalau saa 24 kabla kwa kupiga simu(540) 853-1283. ,SI �,IiS v�Jlitil ,�LsAU. cam°sac 1-4 a.ota vcl,a IJJ J>S.9'_1J 3� Li (540) 853-1283 UJs1 0J-4,1 L' c..C'jL;I j4.9. =+al.24 c liLal �,ats.s vl,��,Cawli& k Jla C jl?y. GIVEN under my hand this November 1, 2024. Cecelia F. McCoy, CMC City Clerk 2 Note to Publisher: Please publish twice in the Legal Notice section of The Roanoke Times, once on Friday, November 1, 2024, and once on Friday,November 8, 2024. Send Publisher's Affidavit: Send Bill to: Cecelia F. McCoy Marc Nelson City Clerk Economic Development Manager Noel C. Taylor Municipal Building, Room 456 Department of Economic Development 215 Church Avenue, S.W. City of Roanoke Roanoke, VA 24011 117 Church Avenue, S.W. Roanoke,VA 24011 3 4 it - CITY OF ROANOKE OFFICE OF THE CITY CLERK Ykkk:' - _.�-- 215 Church Avenue,S.W.,Room 456 Naiii*ORoanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: clerk@roanokeva.gov CECELIA F.MCCOY,CMC CECELIA T.VYEBB,CMC City Clerk Deputy.City Clerk RUTH VISUETE PEREZ November 20, 2024 Assistant Deputy City Clerk Mary (Katie) Clifton President Wellness Wagon 708 5th Street, SW Roanoke,Virginia 24016 Dear Ms. Clifton: I am enclosing copy of Ordinance No. 43101-111824 exempting from personal property taxation certain personal property located in .the City of Roanoke owned by Wellness Wagon, a Virginia non-stock, non-profit 501(c)3 corporation, devoted exclusively to charitable or benevolent purposes on a non-profit basis; providing for an effective date. After this measure is properly executed, please forward to the City Clerk at the addressed listed above. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 18, 2024, and is in full force and effect upon its passage. Sincerely, Cecelia F. McCoy, CMC City Clerk Enclosure pc: The Honorable Ryan S. LaFountain, Commissioner of the Revenue Dr. Lydia Patton, Interim City Manager Timothy R. Spencer, City Attorney Kelvin Bratton, Director, Real Estate Valuation Margaret Lindsey, Director of Finance Lesha Van Buren, Budget Analyst IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of November 2024. No. 43101-111824. AN ORDINANCE exempting from personal property taxation certain personal property located in the City of Roanoke owned by Wellness Wagon ("Applicant"), a Virginia non-stock, non-profit 501(c)3 corporation, devoted exclusively to charitable or benevolent purposes on a non-profit basis; providing for an effective date, and dispensing with the second reading of this Ordinance by title. WHEREAS, the Applicant has petitioned Council to exempt certain personal property of the Applicant from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia; WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Applicant's petition was held by Council on November 18,2024; WHEREAS, the provisions of subsection B of Section 58.1-3651, Code of Virginia (1950), as amended, have been examined and considered by Council; and WHEREAS,the Applicant agrees that the personal property to be exempt from taxation is certain personal property, that it uses in connection with its mobile clinic to provide free or reduced price acupuncture services to the community, (the"Personal Property")which shall be used by the Applicant exclusively for charitable purposes on a non-profit basis. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council classifies and designates the Applicant a non-stock, non-profit 501(c)3 corporation, as a charitable or benevolent organization within the context of Section 6(a)(6) of Article X of the Constitution of Virginia, and hereby exempts from personal property taxation the Personal Property owned by the Applicant, that it uses in connection with its mobile clinic to provide free or reduced price acupuncture services to the community, which Personal Property is used exclusively for charitable or benevolent purposes on a non-profit basis; continuance of this exemption shall be contingent on the continued use of the Personal Property in accordance with the purposes which the Applicant has designated in this Ordinance. 2. This Ordinance shall be in full force and effect on January 1,2025,if by such time a copy, duly executed by an authorized officer of the Applicant, has been filed with the City Clerk. 3. The City Clerk is directed to forward an attested copy of this Ordinance, after it is properly executed by the Applicant, to the Commissioner of the Revenue and the City Treasurer for purposes of assessment and collection, respectively, and to Mary Clifton, President, Wellness Wagon. 4. Pursuant to Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: City Clerk. ACCEPTED, AGREED TO, AND EXECUTED by Wellness Wagon, a Virginia non-stock, non-profit corporation, this day of , 2024. Wellness Wagon, a Virginia non-stock, Non-profit 501(c)3 corporation, By: Name: Title: 72.14.63„ �_...._ . .. vbryi,yy.. Kn.in3.'fs3'AN .s a., / . CITY OF ROANOKE OFFICE OF THE.CITY CLERK 215 Church Avenue,S.W.,Room 456 Roanoke,Virginia 24011-1536 %it3 Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: clerk@roanokeva.gov CECELIA T.WEBB,CMC CECELIA F.MCCOY,CMC City Clerk Deputy City Clerk RUTH VISUETE PEREZ Assistant Deputy City Clerk March 31, 2025 The Honorable Ryan LaFountain The Honorable Tasha Burkett Commissioner of the Revenue City Treasurer Roanoke, Virginia Roanoke, Virginia Dear Mr. LaFountain and Ms. Burkett: I am forwarding an attested copy of Ordinance No. 43101-111824 exempting from personal property taxation certain personal property, located in the City of Roanoke owned by Wellness Wagon, which has been properly executed by Wellness Wagon, for purposes of assessment and collection of the service charges established by the Ordinance. Sincerely, Cecelia F. McCoy, CMC City Clerk Enclosure pc: Mary K. Clifton, Executive Director, Wellness Wagon, 602 Walnut Avenue, SW, Roanoke, Virginia 24016 Kelvin Bratton, Director, Real Estate Valuation Valmarie Turner, City Manager Timothy R. Spencer, City Attorney David Collins, Deputy City Attorney Margaret Lindsey, Director of Finance v IN THE COUNCIL OF THE CITY,OF ROANOKE, VIRGINIA - The 18th day of November 2024. . . No. 43101-111824. AN ORDINANCE exempting from personal property taxation certain personal property located in the City of Roanoke owned by Wellness Wagon ("Applicant"), a Virginia non-stock, non-profit 501(c)3 corporation, devoted exclusively to charitable or benevolent purposes on a non-profit basis; providing for an effective date and dispensing with the second reading of this Ordinance by title. WHEREAS, the Applicant has petitioned Council to exempt certain personal property of the Applicant from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia; WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Applicant's petition was held by Council on November 18,2024; WHEREAS, the provisions of subsection B of Section 58.1-3651, Code of Virginia (1950), as amended,have been examined and considered by Council; and WHEREAS,the Applicant agrees that the personal property to be exempt from taxation is certain. personal property, that it uses in connection with:its mobile clinic to provide free or reduced price acupuncture services'to the community, (the"Personal Property")which shall be used by the Applicant exclusively'for charitable purposes on a non-profit basis. THEREFORE,BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council classifies and designates the. Applicant a non-stock, non-profit 501(c)3 corporation,as a charitable or benevolent organization within the context of Section 6(a)(6)of Article X of the Constitution of Virginia, and hereby exempts from personal property taxation the Personal Property owned by the Applicant, that it uses in connection with its mobile clinic to provide free.or reduced price acupuncture services to the community, which Personal Property is used exclusively for charitable or benevolent -purposes on a non-profit basis; continuance of this exemption shall be contingent on the continued use of the Personal Property in accordance with the purposes which the Applicant has designated in this Ordinance. 2. This Ordinance shall be in full force and effect on January 1,2025,if by such time a copy, duly executed by an authorized officer of the Applicant, has been filed with the City Clerk. 3. The City Clerk is directed to forward an attested copy of this Ordinance, after it is properly executed by the Applicant, to the Commissioner of the Revenue and the City Treasurer for. purposes of assessment and collection, respectively, and to Mary Clifton,President,Wellness Wagon. 4. Pursuant to Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: } 64.644i-A (1761-49e} .' - City Clerk. ACCEPTED, AGREED TO, AND EXECUTED by Wellness Wagon, a Virginia non-stock, non-profit corporation, this • '11 day of ,202, Wellness Wagon, a Virginia non-stock, Non-profit 501(c)3_corporat on, By: ' i ., K. • Name: ,k.d - Title: A-i ✓e— City Manager's Report �fill1111._ Submitted by: Margaret Lindsey, Director Department of Finance ROAN O KE November 18, 2024 Title: Tax Exemption Request for Personal Property Owned by Wellness Wagon Background: Wellness Wagon, a 501(c)(3) non-profit organization, is a 36-foot mobile clinic that provides free or reduced price acupuncture services to the community either free of charge or based on a sliding scale. It has applied for tax exemption of certain personal property it owns that it uses in connection with'its business due to its charitable and benevolent use pursuant to Section 58.1-3651, Code of Virginia. Pursuant to applicable law, if City Council wishes to consider the application of the PCC Land Company LLC, for tax-exempt status of its personal property, Council must first conduct a public hearing. Considerations: On May 19, 2003, City Council approved a revised policy and procedure in connection with requests from non-profit organizations in the City for tax exemption of their personal property by Resolution 36331- 051903, with an effective date of January 1, 2003. Based on this policy and procedure, Wellness Wagon has provided the necessary information required for applications for exemptions that would take effect January 1, 2025. The total assessed value of Wellness Wagon's personal property for which it seeks tax exemption was $5,900 for tax year 2024, with a total personal property tax assessment of $174.03. The total assessed value of Wellness Wagon's personal property for which it seeks tax exemption is expected to be $23,000 for tax year 2025, with a total personal property tax assessment of$510.60. The Commissioner of Revenue has determined that the organization is not exempt from paying taxes by classification or designation under the Code of Virginia. The IRS recognizes the organization as a 501(c) (3) tax-exempt organization. Recommended Action: After consideration of comments received at the public hearing, and determining that granting the exemption requested is appropriate, adopt an ordinance to authorize Wellness Wagon's personal property that it uses exclusively for its business as exempt from taxation pursuant to Article X, Section 6 (a) 6 of the Constitution of Virginia, and Section 58.1-3651, effective January 1, 2025. Lydia Patton, Interim City Manager VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE RE: PETITION FOR EXEMPTION FROM TAXATION OF CERTAIN PROPERTY PURSUANT TO ARTICLE X, SECTION 6(a)(6) OF THE CONSTITUTION OF VIRGINIA TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF ROANOKE: 1 a. Your Petitioner, Wellness Wagon-a mobile clinic a Virginia,non-stock, not for profit corporation owns certain real property, located at 2006 Freightliner School Bus located in the City of Roanoke,Virginia, which property is City of Roanoke Tax Map ID # , with a total assessed value of$ $23,000 and a total of$ 0 in real property taxes that were paid or would have been paid in the most recent year, desires to be an organization designated pursuant to the provisions of Sec. 58.1-3651, of the Code of Virginia, as amended, in order that the referenced real property, to be used exclusively for charitable and benevolent purposes in Roanoke City The Wellness Wagon is a 36 font mobile clinic that coordinates local commuity services and provides free and reduced priced acupuncture.The bus rents parking space at Parking Lot- 1112820 (Describe proposed use of real property,if applicable.) be exempt from taxation under the provisions of Article X, Section 6 (a)(6) of the Constitution of Virginia so long as your Petitioner is operated not for profit and the property so exempted is used in accordance with the purpose for which the Petitioner is classified. (if requesting exemption for personal property,complete section 1.b) lb. Your Petitioner, The Wellness Wagon-a mobile clinic a Virginia, non-stock, not for profit corporation owns certain personal property, located at 2006 Freightliner School Bus in the City of Roanoke, Virginia, with a total assessed value of$ $23.000 and a total of $ 221.46 in personal property taxes that were paid or would have been paid in the most recent year, desires to be an organization designated pursuant to the provisions of Sec. 58.1-3651, of the Code of Virginia, as amended, in order that the referenced personal property, to be used exclusively for charitable and benevolent purposes in Roanoke City and surrounding areas.The Wellness Wagon is a 36 foot mobile clinic that provides free and reduced price acupuncture. (Describe proposed use of personal property,if applicable.) 1 Updated 6/12/2024 be exempt from taxation under the provisions of Article X, Section 6 (a)(6) of the Constitution of Virginia so long as your Petitioner is operated not for profit and the property so exempted is used in accordance with the purpose for which the Petitioner is classified. 2. Your Petitioner agrees to pay to the City of Roanoke, an annual service charge in an amount equal to twenty percent(20%) of the City of Roanoke tax levy, which would be applicable to this real estate,were our organization not be tax exempt, for as long as this exemption continues. 3. Your petitioner acknowledges and agrees that it will immediately notify both the City of Roanoke Commissioner of the Revenue and the City of Roanoke Treasurer in writing in each instance when the property, or any portion thereof, is being leased to a third party and provide the City with a copy of the fully executed lease. Your petitioner agrees to include a provision in all leases of the property that such third parties shall be responsible for paying the City applicable leasehold taxes that may be assessed by the City. Petitioner acknowledges that if the foregoing conditions are not met,the City reserves the right to terminate the tax exempt status of the property. 4. Your Petitioner, if located within a service district, agrees to pay to the City of Roanoke an annual service charge equal to the additional service district tax that would be levied for as long as this exemption continues. 5. Your Petitioner agrees to provide information to the Director of Real Estate Valuation upon request to allow a triennial review of the tax exempt status of your Petitioner. The following questions are submitted for consideration: 1. (Q): Whether the organization is exempt from taxation pursuant to Section 501 (c) of the Internal Revenue Code of 1954. (A): Your Petitioner was granted exemption from taxation pursuant to Section 501 (c) of the Internal Revenue Code of 1954 on 5/30/2023 2. (Q): Whether a current alcoholic beverage license for serving alcoholic beverages has been issued by the Alcohol Beverage Control Board to such organization for use on such property. (A): N/A 3. (Q): Whether any director, officer or employee of the organization has been paid compensation in excess of a 2 Updated 6/12/2024 reasonable allowance for salaries or other compensation for personal services which such director, officer or employee actually renders. (A): No 4. (Q): Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions or, local, state or federal grants. As used in this subsection, donations shall include the providing of personal services or the contribution of in-kind or other material services. (A): N� 5. (Q): Whether the organization provides services for the common good of the public. (A): Your Petitioner provides services for the common good of the public in as much as it (Describe the public service) Coordination of mobile community serves and free and reduced price acupuncture 6. (Q): Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office. (A): No 7. (Q): Whether any rule,regulation,policy or practice of the organization discriminates on the basis of religious conviction, race, color, sex or national origin. (A): No 8. (Q): Whether there is a significant revenue impact to the locality and its taxpayers of exempting the property. (A): No 3 Updated 6/12/2024 9. (Q): Any other criteria, facts and circumstances, which the governing body deems pertinent to the adoption of such ordinance. (A): N/A (Provide as necessary). Note: All tax exemption petitions submitted for consideration by City Council must be filed with the City Clerk's Office. THEREFORE, your Petitioner, wellness Wagon respectfully requests to the Council of the City of Roanoke that this real or personal property, or both, of your Petitioner be designated exempt from taxation so long as your Petitioner is operated not for profit and the property so exempt is used for the particular purposes of providing Free and reduced price wellness services • (Repeat proposed use of property). Respectfully submitting this 15 day October , 20 24 • Mary (Katie) Jo C By: Clifton President 4 Updated 6/12/2024 The Roanoke Times Account Number Roanoke,Virginia 6012830 Affidavit of Publication Date CITY OF ROANOKE-DEPT OF FINANCE December 6,2024 Attn Lesha VanBuren,Budget Analyst 215 CHURCH AVE SW ROOM 357 ROANOKE,VA 24011 Date Category Description Ad Size Total Cost • 11/17/2024 Legal Notices NOTICE OF PUBLIC HEARING 2 x 0.00 IN 1,024.35 Publisher of the Roanoke Times I, (the undersigned)an authorized representative of the Roanoke Times,a daily newspaper published in Roanoke,in the State of Virginia,do certify that the annexed notice NOTICE OF PUBLIC HEARING was published in said newspapers on the following dates: 11/09/2024 The First insertion being given... 11/09/2024 Newspaper reference: 0001504059 kocwiAAU,--- Bi ing Representative Sworn to and subscribed before me this-6th Day of December 2024 Notary Publ" State of Virginia . County of Hanover - RICHARD A HUNDLEY • My Commission expires NOTARY PUBLIC 041 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES JANUARY 31..2028 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU • • c • • • • • • . .NOTICE OF PUBLIC HEARING• , Notice is hereby given that the City Council of the City of Roanoke will hold a public hearing at Its regular meeting to be held on Monday, • November 18, 2024, commencing at 7:00 p.m.,in the Council • Chambers,4th Floor,Noel C.Taylor Municipal Building,215 Church Avenue,S.W.,Roanoke,Virginia an the question of adoption of an ordinance pursuant to Section 58.1-3651;Code of Virginia(1950), • as amended,approving the request of Wellness Wagon,a 501(c)(3) non-profit corporation,for designation of its personal property to be exempt from personal property taxation due to its benevolent and Charitable use of the property.Wellness Wagon uses the property; to provide free and reduced price acupuncture to the community. For reference, the total assessed value of Wellness Wagon's personal property for which it seeks tax exemption was$5,900 for tax year 2024,with a total personal property tax assessment of ' $174.03. The total assessed value of Wellness Wagon's personal property for which it seeks tax exemption is expected to be$23,000 for tax year 2025,with a total personal property tax assessment of$510.60. • Citizens shall have the opportunity to be heard and express their opinions on this matter. All persons wishing to address City Council must sign-up with the- -City Clerk's Office by emailing clerk@roanokeva.gov or calling (540)853-2541 by 12:00 noon,on November 18,2024. If you are a person with a disability who needs accommodations for this public hearing,contact the City Clerk's Office,(540)853-2541, •.by 12:00 noon on Thursday,.November 14,2024. The City of Roanoke provides interpretation at no cost for all public - meetings,upon request. If you would like to request an interpreter, please let us know 'at least 24 hours in advance'by calling (540)853-1283. La Ciudad de Roanoke proporciona interpretacion sin costo por • •Codas.vitas publican previa soiieitud.Si usted desea solicitar un interprete,haganoslo saber con al menos 24 hums de antelacibn por Ilamar(540)853-1283. . Jiji la Roanoke linatoa huduma ya ukalimani bila malipo katika mikutano yote ya umma,inapoombwa.Iwapo ungependa kuomba mkalimani,tafadhali tujulishe angalau-saa 24 kabla kwa kupiga '•simu(540)853-1283. f 4&u. W �.(540)353•12833J+.}-54; Cm r 3 i1...r+�+ s!4a ALA:41r r', GNEN under my hand this 9th day of November 2024. Cecelia F.McCoy,City Clerk NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of Roanoke will hold a public hearing at its regular meeting to be held on Monday, November 18, 2024, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke,Virginia on the question of adoption of an ordinance pursuant to Section 58.1-3651,Code of Virginia(1950), as amended, approving the request of Wellness Wagon, a 501(c)(3)non-profit corporation, for designation of its personal property to be exempt from personal property taxation due to its benevolent and charitable use of the property. Wellness Wagon uses the property to provide free and reduced price acupuncture to the community. For reference,the total assessed value of Wellness Wagon's personal property for which it seeks tax exemption was$5,900 for tax year 2024,with a total personal property tax assessment of$174.03. The total assessed value of Wellness Wagon's personal property for which it seeks tax exemption is expected to be$23,000 for tax year 2025,with a total personal property tax assessment of$510.60. Citizens shall have the opportunity to be heard and express their opinions on this matter. All persons wishing to address City Council must sign-up with the City Clerk's Office by emailing clerk@roanokeva.gov or calling(540) 853-2541 by 12:00 noon, on November 18, 2024. If you are a person with a disability who needs accommodations for this public hearing,contact the City Clerk's Office, (540)853-2541,by 12:00 noon on Thursday,November 14, 2024. The City of Roanoke provides interpretation at no cost for all public meetings,upon request. If you would like to request an interpreter, please let us know at least 24 hours in advance by calling(540) 853-1283. La Ciudad de Roanoke proporciona interpretacion sin costo por todas citas publicas, previa solicitud. Si usted desea solicitar un interprete, haganoslo saber con al menos 24 horas de antelacion por llamar(540) 853-1283. Jiji la Roanoke linatoa huduma ya ukalimani bila malipo katika mikutano yote ya umma, inapoombwa. Iwapo ungependa kuomba mkalimani, tafadhali tujulishe angalau saa 24 kabla kwa kupiga simu(540) 853-1283. JSI ,�JIiS�,o Jlitil J. �1eLaw�jl c��i 4i,L3 :Lil csv0Jac 4..4A1 ' 1J.1 v.J94L1 J. 493.9J LQ(540) 853-1283 ca9 'J 1,u,145 c9:JJ' 24 c31.1., GIVEN under my hand this 9th day of November 2024. Cecelia F. McCoy, City Clerk Note to Publisher: Publish in the Legal Section of the Roanoke Times once on Saturday,November 9, 2024. Please send invoice to: Lesha Van Buren, Budget Analyst Management and Budget 4th Floor,Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 459 Roanoke, Virginia 24011 Please send affidavit of publication to: Cecelia F. McCoy, City Clerk 4th Floor,Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 456 Roanoke, Virginia, 24011 ,. ti; t ', CITY OF ROANOKE ,, f: t OFFICE OF THE CITY CLERK t :'�.' 215 Church Avenue,S.W.,Room 456 \' Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 CECELIA F.MCCOY,CMC E-mail: clerk@roanokeva.gov roanokeva.gov CECELIA T.WEBB,CMC City Clerk Deputy City Clerk RUTH VISUETE PEREZ Assistant Deputy City Clerk December 16, 2024 The Honorable Ryan LaFountain The Honorable Tasha Burkett Commissioner of the Revenue City Treasurer Roanoke, Virginia Roanoke, Virginia Dear Mr. LaFountain and Ms. Burkett: I am forwarding an attested copy of Ordinance No. 43102-111824 exempting from real estate property taxation certain property located in the City of Roanoke owned by Good Samaritan Hospice, Incorporated, a Virginia non-stock, non-profit 501©3, corporation, devoted exclusively to charitable or benevolent purposes on a non-profit basis, effective January 1, 2025e. Sincerely, ctom"-' �. - L-1)/(126(--Y Cecelia F. McCoy, CMC City Clerk Enclosure ' pc: Neil V. Birkhoff, Counsel for Good Samaritan Hospice, Inc., Woods Rogers Vandeventer Black PLC, 10 South Jefferson Street, Suite 1800, Roanoke, Virginia 24011 Dr. Lydia Patton, Interim City Manager Timothy R. Spencer, City Attorney Kelvin Bratton, Director, Real Estate Valuation Margaret Lindsey, Director of Finance Lesha Van Buren, Budget Analyst fiff ._ -''"- N CITY OF ROANOKE w: OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Room 456 - y� Roanoke,Virginia 24011-1536 ` .. Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: clerk@roanokeva.gov CECELIA F.MCCOY,CMC CECELIA T.WEBB,CMC City Clerk Deputy City Clerk RUTH VISUETE PEREZ November 20, 2024 Assistant Deputy City Clerk Neil V. Birkhoff Counsel for Good Samaritan Hospice, Inc. Woods Rogers Vandeventer Black PLC 10 South Jefferson Street, Suite 1800 Roanoke, Virginia 24011 Dear Mr. Birkhoff: I am enclosing copy of Ordinance No. 43102-111824 exempting from real estate property taxation certain real property, located in the City of Roanoke owned by Good Samaritan Hospice, Inc:, Incorporated, a Virginia non-stock, non-profit 501 © 3 corporation, devoted exclusively devoted exclusively to charitable or benevolent purposes on a non-profit basis; providing for an effective date. After this measure is properly executed, please forward to the City Clerk at the addressed listed above. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 18, 2024, and is in full force and effect upon its passage. Sincerely, Ci-Ztell-4 -4" (.11/1/64'64-tt Cecelia F. McCoy, CMC City Clerk Enclosure. pc: The Honorable Ryan S. LaFountain, Commissioner of the Revenue Dr. Lydia Patton, Interim City Manager Timothy R. Spencer, City Attorney Kelvin Bratton, Director, Real Estate Valuation Margaret Lindsey, Director of Finance Lesha Van Buren, Budget Analyst IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of November 2024. No. 43102-111824. AN ORDINANCE exempting from real estate property taxation certain real property located in the City of Roanoke owned by Good Samaritan Hospice, Incorporated ("Applicant"), a Virginia non- stock,non-profit 501(c)3 corporation,devoted exclusively to charitable or benevolent purposes on a non- profit basis;providing for an effective date, and dispensing with the second reading of this Ordinance by title. WHEREAS, the Applicant, has petitioned Council to exempt certain real property of the Applicant from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia; WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Applicant's petition was held by Council on November 18, 2024; WHEREAS, the provisions of subsection B of Section 58.1-3651, Code of Virginia (1950), as amended, have been examined and considered by Council; WHEREAS,the Applicant agrees that the real property to be exempt from taxation is certain real estate,including the land and any building located thereon,identified by Official Tax Map No. 6410111, and commonly known as 4751 Cove Road, N.W., Roanoke, Virginia, (the"Real Property"), and owned by the Applicant,which shall be used by the Applicant exclusively for charitable or benevolent purposes on a non-profit basis; and WHEREAS, in consideration of Council's adoption of this Ordinance, the Applicant has voluntarily agreed to pay each year a service charge, in an amount equal to twenty percent(20%) of the City of Roanoke's real estate tax levy, which would be applicable to the Real Property, were the Real Property not exempt from such taxation,for so long as the Real Property is exempted from such taxation. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council classifies and designates the Applicant, a non-stock, non-profit 501(c)3 corporation, as a charitable or benevolent organization within the context of Section 6(a)(6) of Article X of the Constitution of Virginia, and hereby exempts from real estate taxation the Real Property, which Real Property is owned by the Applicant used exclusively for charitable or benevolent purposes on a non-profit basis. Continuance of this exemption shall be contingent on the continued use of the Real Property in accordance with the purposes which the Applicant has designated in this Ordinance. 2. In consideration of Council's adoption of this Ordinance, the Applicant agrees to pay to the City of Roanoke on or before October 5 of each year a service charge in an amount equal to twenty (20%) percent of the City of Roanoke's real estate tax levy, which would be applicable to the Real Property, were the Real Property not exempt from such taxation, for so long as the Property is exempted from such taxation. 3. This Ordinance shall be in full force and effect on January 1,2025,if by such time a copy, duly executed by an authorized officer of the Applicant, has)been filed with the City Clerk. 4. The City Clerk is directed to forward an attested copy of this Ordinance, after it is properly executed by the Applicant, to the Commissioner of the Revenue and the City Treasurer for purposes of assessment and collection, respectively, of the service charge established by this Ordinance and to Aaron Housh, CEO, Good Samaritan Hospice, Incorporated. 5. Pursuant to Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: Cettli-te ; Yri4j"-elt City Clerk. �five Copy:ice% -, ACCEPTED, AGREED TO, AND EXECUTED by Good Samaritan Hospice, Incorporated, a Virginia non-stock, non-profit corporation, this C day of 10eef..1r../Vv , 2024. Good Samaritan Hospice, Incorporated, a Virginia Non-stock, non-profit 501(c)3 organization, Y• T-4° Name: " Title: C 0 Pt/, AMY DIANNE EDWARDS ��', •`- _-__ �%,� r-7c Notary Public-Reg.#8029020 > = �- *r., =;)3* Commonwealth of My Commission Expires Aug.31,2026 a City Manager's Report MEW Submitted by: Margaret Lindsey, Director '� Department of Finance ROANOKE November 18, 2024 Title: Tax Exemption Request of Real Property Owned by Good Samaritan Hospice, Incorporated Background: Good Samaritan Hospice, Incorporated ("Good Samaritan"), a 501(c)(3) non-profit corporation, has applied for tax exemption of a parcel of real property it owns located in the City of Roanoke at 4751 Cove Road, N.W., bearing Roanoke Official Tax Map No. 6-410111 ("Property") due to its charitable and benevolent use of the Property. Good Samaritan uses the Property as the base of its administrative operations, and as an in-patient care facility for patients with acute pain or symptoms that cannot be managed in the home setting to be treated. Pursuant to applicable law, if City Council wishes to consider the application of Good Samaritan for the Property to be tax-exempt, Council must first conduct a public hearing. Considerations: On May 19, 2003, City Council approved a revised policy and procedure in connection with requests from non-profit organizations for tax exemption of certain property in the City by Resolution 36331-051903, with an effective date of January 1, 2003. Under this policy and procedure, tax exemption petitions must be received by the City by April 15 for exemptions to be effective July 1, and by October 15 for exemptions to be effective January 1. Good Samaritan has provided the necessary information to the City for City Council to consider its application for tax exemption of the Property that would take effect January 1, 2025. While Good Samaritan requests that such exemption be retroactive to July 1, 2024, City staff cannot support or recommend retroactive application of the exemption because Good Samaritan's application was received after the April 15 deadline, and there is no legal authority for tax exemptions to be applied retroactively. The total assessed value of the Property for which tax exemption is sought is $8,584,000 for the 2024-2025 tax year, with a tax of $104,724.80. If the exemption is granted and becomes effective January 1, 2025, a 20% service charge will be assessed for the remainder of that year, and thereafter annually, in lieu of real estate taxes, commencing with the second installment of real estate taxes due on April 5, 2025. For the 2024-2025 tax year, the loss of revenue to the City of Roanoke will be $41,889.92. The Director of Real Estate Valuation determined that the Property is not exempt from taxes by classification or designation under the Code of Virginia. The IRS recognizes Good Samaritan as a 501(c)(3) tax-exempt organization. Notification of a public hearing to be held November 18, 2024, was duly advertised in the Roanoke Times. Recommended Action: After consideration of comments received at the public hearing, and determining that granting the exemption requested is appropriate, adopt an ordinance to authorize Good Samaritan Hospice, Inc.'s Property as exempt from real property taxation pursuant to Article X, Section 6 (a) 6 of the Constitution of Virginia, and Section 58.1-3651, Code of Virginia, effective January 1, 2025. ifs r.o. Lydia Patton, Interim City Manager Olt r ".z CITY OF ROANOKE '"Lor � OFFICE OF THE CITY CLERK V 215 Church Avenue,S.W.,Suite 456 • - ,? Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: clerk@roanokeva.gov CECELIA T.WEBB,CMC CECELIA F.MCCOY,CMC Deputy City Clerk City Clerk • RUTH VISUETE PEREZ Assistant Deputy City Clerk October 11, 2024 Dr. Lydia Pettis Patton Interim City Manager Roanoke, Virginia Dear Dr. Patton: I am attaching copy of a petition from Good Samaritan Hospice, Inc., a Virginia non- stock, not-for-profit corporation, dated October 11, 2024, which was filed in the City Clerk's Office on Friday, October 11, 2024, requesting exemption from taxation of real , property located at 4751 Cove Road, N. W., Official Tax Map No. 6410111, to be used exclusively for. charitable and benevolent purposes, pursuant to Section 58.1-3651, Code of Virginia (1.950), as amended. Petitions forwarded by the City Clerk to the City Manager by April 15 for evaluation and recommendation to City Council will have an effective date of July 1st. Petitions forwarded by October 15 will have an effective date of January 1st. Sincerely, • e is T. Webb, CMC • Deputy City Clerk Attachment • pc: Neil V. Birkhoff, Counsel for Good Samaritan Hospice, Inc., Woods Rogers. Vandeventer Black PLC, 10 South Jefferson. Street, Suite 1800, Roanoke, Virginia 24011 The Honorable Ryan S. LaFountain., Commissioner of the Revenue. Timothy R, Spencer, City Attorney • Kelvin Bratton, Director, Real Estate Valuation Lesha Van Buren, Budget Analyst Neil V.Birkhoff WoodsRogers Principal P(540)983-7699 I F Office Fax(540)983-7711 Direct Fax(540)492-4703 neil.birkhoff@woodsrogers.com Woods Rogers Vandeventer Black PLC 10 South Jefferson Street,Suite 1800 Roanoke,Virginia 24011 October 11, 2024 VIA EMAIL AND HAND DELIVERY Cecelia F. McCoy, CMC City Clerk City of Roanoke Office of the City Clerk 215 Church Avenue, S.W., Suite 456 Roanoke,VA 24011 Re: Petition for Exemption from Taxation of Certain Property Pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia and Virginia Code § 58.1-3651 4751 Cove Road,NW, City of Roanoke Roanoke City Tax Map ID No. 6410111 Dear Ms. McCoy: Enclosed for filing is an updated Petition requesting that the improved property located at 4751 Cove Road NW be granted a real estate tax exemption under Article X, Section 6(a)(6) of the Constitution of Virginia and Virginia Code § 58.1-3651. This Petition is being filed on behalf of Good Samaritan Hospice, Inc., which holds title to the referenced property for charitable purposes. If you have any questions,please do not hesitate to contact me. Very truly yours, WOODS ROGERS VANDEVENTER BLACK PLC Neil V. Birkhoff NVB:mm Enclosures October 11, 2024 Page 2 Cc: Mr. Aaron Housh VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE RE: PETITION FOR EXEMPTION FROM TAXATION OF CERTAIN PROPERTY PURSUANT TO ARTICLE X, SECTION 6(a)(6) OF THE CONSTITUTION OF VIRGINIA AND VIRGINIA CODE § 58.1-3651 TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Good Samaritan Hospice, Inc. ("Hospice"), petitions City Council to adopt an Ordinance granting Hospice a tax exemption for certain improved real property owned by Hospice and located at 4751 Cove Road, NW in the City of Roanoke, Virginia. In support of its Petition, Hospice states as follows: 1. Hospice is a Virginia, non-stock, not for profit corporation and is tax-exempt under Section 501(c) (3) of the Internal Revenue Code. 2. Hospice holds title to the property located at 4751 Cove Road,NW in the City of Roanoke, which property is City of Roanoke Tax Map ID No. 6410111, with a total assessed value for 2023 of$202,300.00 and a total of$2,468.06 in real property taxes that were paid in 2023. For 2024, the land is assessed at$202,300 and the improvements at $8,381,700, for a total assessment of$8,584,000. 3. Hospice has built a new facility on the parcel in issue for its home hospice team that provides expert, compassionate care for patients wherever they call home, regardless of ability to pay, and a new 16-bed Center for Caring to treat patients with acute pain or symptoms that cannot be managed in the home setting. The cost of the improvements to the parcel in issue is $11,297,979. The facility, including the Center for Caring, has created job opportunities for residents of the City of Roanoke. 4. Hospice has received a certificate of occupancy from the City of Roanoke for the new facility dated July 1, 2024, a copy of which is attached as Exhibit A. Further, Hospice has received a hospice license from the Commonwealth of Virginia for the new facility dated March 25, 2024, a copy of which is attached as Exhibit B, and a license from the Commonwealth of Virginia for the Center for Caring (the Sheila S. Strauss Hospice House) dated September 3,2024, a copy of which is attached as Exhibit C. 5. a. On April 19, 2024, Hospice petitioned the City Council for an exemption from real estate taxes for the parcel in issue. A copy of that petition, with exhibits including a temporary certificate of occupancy, is attached to this revised petition as Exhibit D. 1 of 4 b. The April 19, 2024 petition missed the April 15, 2024 filing deadline by a mere four days. The petition was denied on July 12, 2024 because the 16-bed Center for Caring was not yet fully operational. See Exhibit E. The Deputy City Attorney, however, in an email to the Hospice dated October 9, 2024, has stated that: "In my opinion, I believe City Council has the authority to exempt the entire building given that at least half of the building is actively being used for charitable and benevolent purposes and the Commonwealth has since approved operation of the patient care facility." Exhibit F. c. Given the delay in responding to the April 19, 2024 petition, and given the Deputy City Attorney's opinion that the April 19, 2024 petition was in fact appropriate for consideration, Hospice respectively requests City Council to grant an exemption retroactive to July 1, 2024 to exempt Hospice from the taxes was invoiced as due October 7, 2024. 6. Hospice is eligible for a tax exemption for the property pursuant to the provisions of Virginia Code § 58.1-3651, as amended, because the referenced real property is being used exclusively for charitable and benevolent purposes. As set forth above, the new facility provides patients with acute pain or symptoms with compassionate care. 7. Hospice agrees to pay to the City of Roanoke an annual service charge in an amount equal to twenty percent (20%) of the City of Roanoke tax levy which would be applicable to this real estate, were Hospice not exempt from such taxation, for as long as the tax exemption is in effect. 8. The referenced property is not located within a service district of the City. 9. Hospice acknowledges and agrees that it will immediately notify both the City of Roanoke Commissioner of the Revenue and the City of Roanoke Treasurer in writing in each instance when the property, or any portion thereof, is being leased to a third party and provide the City with a copy of the fully executed lease. Hospice agrees to include a provision in all leases of the property that such third parties shall be responsible for paying the City applicable leasehold taxes that may be assessed by the City. Hospice acknowledges that if the foregoing conditions are not met, the City reserves the right to terminate the tax-exempt status of the property. 10. Hospice agrees to provide information to the Director of Real Estate Valuation upon request to allow a triennial review of the tax-exempt status of Hospice. 11. Hospice provides its responses to the questions set forth in subsection B of Virginia Code § 58.1-3651, as follows: 2 of 4 a. Hospice is exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code (see Exhibit G). b. A current annual alcoholic beverage license for serving alcoholic beverages has not been issued by the Virginia Alcoholic Beverage Control Board to Hospice for use on any of the Property. c. The directors of Hospice are not compensated for services. No officer or employee of Hospice is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such officer or employee actually renders. d. No part of the net earnings of Hospice to the benefit of any individual. No significant portion of the services provided by Hospice is generated by funds received from donations, contributions or local, state or federal grants. e. Hospice's new Center for Caring meets a critically important local need and serves as a safety net for some of the most vulnerable residents of our community. There is not another freestanding hospice in-patient facility in our local area, and the closest similar facilities are over two hours away. f. No substantial part of the activities of Hospice involves carrying on propaganda, or otherwise attempting to influence legislation. Hospice does not participate in, or intervene in, any political campaign on behalf of any candidate for public office. g. Exempting the property will result in no significant revenue impact to the locality and its taxpayers. The total real estate taxes payable, based on the current assessment, plus the cost of the improvements completed in March 2024. would be $105,772.05. Hospice will continue to pay an annual service charge in an amount equal to twenty percent (20%) of the tax otherwise payable, which totals $21,154.41. The annual economic impact of granting the exemption, therefore, is $84,617.64. h. Hospice does not discriminate on the basis of race, color, national origin, age, sex, or on the basis of any other classification protected by applicable local, state or federal law. 3 of 4 WHEREFORE, Hospice requests that City Council adopt an ordinance exempting its real property from taxation pursuant to Article X, § 6(a)(6), Constitution of Virginia, and Virginia Code § 58.1-3651., effective July 1, 2024. Respectfully submitted this 1/-day of 1b0 bee- , 2024. GOOD SAMARITAN HOSPICE, INC. .tea / Of Counsel Neil V. Birkhoff(VSB No. 20091) WOODS ROGERS VANDEVENTER BLACK PLC 10 South Jefferson Street, Suite 1800 P.O. Box 14125 Roanoke, VA 24038 Phone: (540) 983-7600 Facsimile: (540) 983-7711 Neil.birkhoff@woodsrogers.com Counsel for Good Samaritan Hospice 4 of 4 ,v. City of Roanoke Tax Map#: 6410111. Permit#: CNEW22-0010 Certificate of Occupancy Date Issued: 07-01-2024 ROANOKE In accordance with the provisions of the Zoning Ordinance and/or subsequent amendments thereto and including all provisions contained in the Virginia Uniform Statewide Building Code and/or any Amendments,the owner of this certificate is hereby granted permission to use this building or portion thereof as provided below. Owner of Certificate: GOOD SAMARITAN HOSPICE USBC Code Edition: 2018 INC Business Name: GOOD SAMARITAN HOSPICE Zone: INPUD(c) Address: 4751 COVE RD NW Ordinance: 42201 Type Construction: 5A Combustible/Protected For Mixed Uses: Use Group 1:1-2:Institutional Occupant Load 1:294 Use Group 2:B:Business Occupant Load 2:192 Building Size(sqft): 30818 Automatic Sprinkler System: Yes #Elevators: 0 Required: Yes #of Exits: 8 Fire Alarm System: Yes #of Stories: 1 Required: Yes Zoning Use Class: Group care facility,nursing home; Office,general or professional Special Stipulations& Conditions: No change in building use group classification or zoning use class of this building will be permitted without first obtaining a new certificate.Except in 1&2 Family Dwellings,this certificate shall be posted and permanently maintained in a conspicuous location near the main entrance to the building. Owner of Building: GOOD SAMARITAN HOSPICE INC 07-01-2024 �°°m' 06-28-2024 Building Official Tommy Hahn Zoning Administrator Phillip Moore EXHIBIT EXHIBIT �1ReEp�t ,07 s» CCM *PRea rr1 Commonwealth of Virginia Virginia Department of Health Hospice License Number: HSP-0000019 In accordance with the provisions of Article 7(§32.1-162.1 et seq.)of Chapter 5 of Title 32.I of the Code of Virginia Board of Directors of Good Samaritan Hospice, Inc. (Operator) is hereby Authorized to Operate, Good Samaritan Hospice, Inc. (Name of Organization) a Hospice located at: 4751 Cove Rd NW, Roanoke, VA 24017, USA, Roanoke, Virginia, 24017 Effective : 3/25/2024 Expiration: 12/31/2024 tmbr 1 Karen Shelton,MD Kimberly Beazley,Director State Health Commissioner Office of Licensure and Certification EXHIBIT"' "4 Ex C I� 1 ih' A h.,, 1 4 aP .41 7,c.1Pj� Sjh�r C Commonwealth of Virginia Virginia Department of Health Hospice License Number: HSP-0001035 In accordance with the provisions of Article 7(§32.1-162.1 et seq.)of Chapter 5 of Title 32.1 of the Code of Virginia Board of Directors of Good Samaritan Hospice, Inc. (Operator) is hereby Authorized to Operate, Sheila S. Strauss Hospice House (Name of Organization) a Hospice located at: 4751 Cove Rd,Roanoke, Virginia 24017,USA Effective :9/3/2024 Expiration : 12/31/2024 -1a11,1^2.Z(5(70/• LA4D X--''' / • 1:51_,,, 6, Karen Shelton,MD Kimberly Beazley,Director State Health Commissioner Office of Licensure and Certification EXHIBIT �, CITY OF ROANOKE ..i.m r OFFICE OF THE CITY CLERK t� - �� .,*, 215 Church Avenue,S.W.,Suite 456 k� 's� = Roanoke,Virginia 24011-1536 . Telephone: (540)853-2541 -- Fax: (540)853-1145 E-mail: clerk@roanokeva.gov CECELIA T.WEBB,CMC CECELIA F.MCCOY,CMC Deputy City Clerk City Clerk RUTH VISUETE PEREZ Assistant Deputy City Clerk April 24, 2024 Robert S. Cowell, Jr. City Manager Roanoke, Virginia Dear Mr. Cowell: I am attaching copy of a petition from Good Samaritan Hospice, Inc., a Virginia non- stock, not-for-profit corporation, dated April 19, 2024, which was filed in the City Clerk's Office on Tuesday, April 23, 2024, requesting exemption from taxation of real property located at 4751 Cove Road, N. W., Official Tax Map No. 6410111, to be used exclusively for charitable and benevolent purposes, pursuant to Section 58.1-3651, Code of Virginia (1950), as amended. Petitions forwarded by the City Clerk to the City Manager by April 15 for evaluation and recommendation to City Council will have an effective date of July 1st. Petitions forwarded by October 15 will have an effective date of January 1st. Sincerely,,) i `\ f ) Cece is T. Webb, Deputy City Clerk Attachment pc: Neil V. Birkhoff, Counsel for Good Samaritan Hospice, Inc., Woods Rogers Vandeventer Black PLC, P. O. Box 14125, Roanoke, Virginia 24038 The Honorable Ryan S. LaFountain, Commissioner of the Revenue Timothy R. Spencer, City Attorney Kelvin Bratton, Director, Real Estate Valuation Lesha Van Buren, Budget Analyst WOODS ROGERS VANDEVENTER BLACK ATTORNEYS AT LAW NEIL V.BIRKHOFF (540)983-7699 ,, neil.birkhoff@wrvblavv.com wrvblaw.com April 19, 2024 • VIA CERTIFIED MAIL Cecelia-F. McCoy, CMC City Clerk City of Roanoke Office of the City Clerk 215 Church Avenue, S.W., Suite 456 Roanoke, VA 24011 Re: Petition for Exemption from Taxation of Certain Property Pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia and Virginia Code § 58.1-3651 4751 Cove Road,NW, City of Roanoke Roanoke City Tax Map ID No. 6410111 Dear Ms. McCoy: Enclosed for filing is a new Petition requesting that the improved property located at 4751 Cove Road NW be granted a real estate tax exemption under Article X, Section 6(a)(6) of the Constitution of Virginia and Virginia Code § 58.1-3651. This Petition is being filed on behalf of Good Samaritan Hospice, Inc., which holds title to the referenced property for charitable purposes. If you have any questions, please do not hesitate to contact me. Very truly yours, WOODS ROGERS VANDEVENTER BLACK PLC (// /M/ Neil V. Birkhoff NVB:mm Enclosure cc: Ms. Karen Miller • (3051779-1, 037929-00005-01) eligible for exemption by classification or designation." (A copy of the response letter denying the requested exemption, is attached as Exhibit D.) 7. Hospice is eligible for a tax exemption for the property pursuant to the provisions of Virginia Code § 58.1-3651, as amended,because the referenced real property is being used exclusively for charitable and benevolent purposes. As set forth above, the new facility will provide patients with acute pain or symptoms with compassionate care. 8. Hospice agrees to pay to the City of Roanoke an annual service charge in an amount equal to twenty percent (20%) of the City of Roanoke tax levy which would be applicable to this real estate, were Hospice not exempt from such taxation, for as long as the tax exemption is in effect. 9. The referenced property is not located within a service district of the City. 10. Hospice acknowledges and agrees that it will immediately notify both the City of Roanoke Commissioner of the Revenue and the City of Roanoke Treasurer in writing in each instance when the property, or any portion thereof, is being leased to a third party and provide the City with a copy of the fully executed lease. Hospice agrees to include a provision in all leases of the property that such third parties shall be responsible for paying the City applicable leasehold taxes that may be assessed by the City. Hospice acknowledges that if the foregoing conditions are not met,the City reserves the right to terminate the tax-exempt status of the property. 11. Hospice agrees to provide information to the Director of Real Estate Valuation upon request to allow a triennial review of the tax-exempt status of Hospice. 12. Hospice provides its responses to the questions set forth in subsection B of Virginia Code § 58.1-3651, as follows: a. Hospice is exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code (see Exhibit C). b. A current annual alcoholic beverage license for serving alcoholic beverages has not been issued by the Virginia Alcoholic Beverage Control Board to Hospice for use on any of the Property. c. The directors of Hospice are not compensated for services.No officer or employee of Hospice is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such officer or employee actually renders. d. No part of the net earnings of Hospice to the benefit of any individual.No significant portion of the services provided by Hospice is generated by 2 of 3 EXHIBIT 111 City of Roanoke Tax Map#: 6410111 • } Temporary Certificate of Occupancy Permit 0010W22 Expires: 4/25/2024 Date Issued: 3/25/2024 ROANOKE In accordance with the provisions of the Zoning Ordinance and/or subsequent amendments thereto and including all provisions contained in the Virginia Uniform Statewide Building Code and/or any Amendments,the owner of this certificate is hereby granted permission to use this building or portion thereof as provided-below. • Owner of Certificate: GOOD SAMARITAN HOSPICE INC USBC Code Edition: 2018 Business Name: GOOD SAMARITAN HOSPICE Zone: INPUD(c): Institutional Planne Address: 4751 Ordinance: 42201-1115 Type Construction: 5A Combustible/Protected For Mixed Uses: Use Group 1:1-2:Institutional Occupant Load 1:294 Use Group 2:B: Business Occupant Load 2:192 Building Size(sqft): 30818 Automatic Sprinkler System: Yes #Elevators: 0 Required: Yes #of Exits: 8 Fire Alarm System: Yes #of Stories: 1 Required: Yes Zoning Use Class: Group care facility, nursing home; Office, general or professional Special Stipulations&Conditions: Partial building,area B only B area-13,445 sf B Area occupancy-192 No change in building use group classification or zoning use class of this building will be permitted without first obtaining a new certificate.Except in 1&2 Family Dwellings,this certificate shall be posted and permanently maintained in a conspicuous location near the main entrance to the building. This TEMPORARY CERTIFICATE OF OCCUPANCY Expires on the date listed above. Any extension or renewal will be by a reissued certificate ONLY. Owner of Building: GOOD SAMARITAN HOSPICE INC ;44tt.d-e-r— 03-28-2024 03-25-2024 Building Official Tommy Hahn Zoning Administrator Brittany Gardner WOODS ROGERS VANDEVENTER BLACK ATTORNEYS AT LAW • NEIL V.RIRKHOFF • • (540)983-7699 • neil.birkhoff@,wrsiblaw.com March 14,2023 9.489 0090 0027 6457 5184 08 VIA CERTIFIED MAIL Cecelia F. McCoy, CMC City Clerk City of Roanoke Office of the City Clerk • 215 Church Avenue, S.W., Suite 456 Roanoke, VA 24011 Re: Petition for Exemption from Taxation of Certain Property.Pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia and Virginia Code § 58,1-3651 • 4751 Cove Road, NW, City of Roanoke Roanoke City Tax Map ID No. 6410111 Dear Ms. McCoy: Enclosed for filing is a Petition requesting that the property located at 4751 Cove Road NW be granted a real estate tax exemption under Article X, Section 6(a)(6) of the Constitution of Virginia and Virginia Code § 58.1-3651. This Petition is being filed on behalf of Good Samaritan Hospice, Inc., which holds title to the referenced property for charitable purposes. • If you have any questions, please do not hesitate to contact me. Very truly yours, WOODS ROGERS VANDEVENTER BLACK PLC • • Neil V. Birkhoff NVB:hb Enclosure • cc: Ms. Karen Miller • (3051779-I,037929-00005-01) • 7. The referenced property is not located within a service district of the City. • 8. Hospice acknowledges and agrees that it will immediately notify both the City of Roanoke Commissioner of the Revenue and the City of Roanoke Treasurer in writing in each instance when the property, or any portion thereof, is being leased to a third party and provide the City with a copy of the fully executed lease. Hospice agrees to include a provision in all leases of the property that such third parties shall be responsible for paying the City applicable leasehold taxes that may be assessed by the City. Hospice acknowledges that if the foregoing conditions are not met,the City reserves the right to terminate the tax exempt status of the property. 9. Hospice agrees to provide information to the Director of Real Estate Valuation upon request to allow a triennial review of the tax exempt status of Hospice. • 10. Hospice provides its responses to the questions set forth in subsection B of Virginia Code § 58.1-3651, as follows: a. Hospice is exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code (see Exhibit A). b. A current annual alcoholic beverage license for serving alcoholic beverages has not been issued by the Virginia Alcoholic Beverage Control Board to Hospice for use on any of the Property. c. The directors of Hospice arc not compensated for services.No officer or • employee of Hospice is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such officer or employee actually renders. d. No part of the net earnings of Hospice to the benefit of any individual.No • significant portion of the services provided by Hospice is generated by funds received from donations, contributions or local, state or federal grants. e. Hospice's new center for caring will meet a critically important local need and serve as a safety net for some of the most vulnerable residents of our community. Currently, there is not a freestanding hospice in-patient WOODS facility in our local area, and the closest similar facilities are over two ROGERS hours away. VANDEVENTER BLACK ATTORNEYS AT Um. f. No substantial part of the activities of Hospice involves carrying on propaganda, or otherwise attempting to influence legislation.Hospice does not participate in, or intervene in, any political campaign on behalf of any candidate for public office. 2 of 3 (112191245-1,900095-00208-01) • INTERNAL REVENUF. SERVICE DEPARTMENT OF THE TREASURY . DISTRICT DXRECTOR • • 21 HOPKINS PLAZA EXHIBIT DALTIMOREq MD. 21201 1992. , . 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Irico.tcoo Po4urn, I 1kAtov No aro 'nol; whe.:hor o•.; vourp 1;1 -4o1.;0:::0 wat,:! • • .sted delirtml of the C6de, s'f! nni '7" Cu rtumtivii 1fit Ikfi.,;.1 ident;q.. ic.61!.ioa oo yoltr "Hi T'uobor o.fobr AH Nfl:!1 • tho oC this 1,-,tter n • milero13.1.1 '! ; togvi p.-.-srls; or • nc Hi 'nip arid 00 53:1; i".•:'kt d 116.*L'T ,y`e...1!!' ayly ;•ont.:,v. t Ilame -2710 ',".•;1.1.1c:,..-..Ire s" - „ • I . Oirc!c..1..or • • • 0 • EXHIBIT ,44 S m rU i an f _ { Advanced Illness Care•hospice • • September 6,2022 City of Roanoke Real Estate Valuation Attention:Susan Lower 215 Church Ave.SW Municipal South-Room 250 Roanoke,VA 24011 . Dear Susan Lower, Good Samaritan Hospice,Inc.has recently purchased the land at 4751 Cove Road,NW in Roanoke,Virginia. The tax number for this land is#6410111. Our plan is to build a 16 bed,hospice in-patient facility with administrative offices attached. Good Samaritan Hospice has been the area's only non-profit,community based hospice serving Southwest Virginia for the last 30 years. Please see attached IRS 501(c)3 letter dated March 16, 1992. Our TIN is 54-1608259 and I have also attached a copy of that for your records. We would like to request tax exemption on this property. Please advise of any further actions required by us and we appreciate your consideration. Regards, • Aaron Housh CEO • 2408 Electric Road SW Roanoke,VA 24018 Ph:540.776.0198 ' Fax:540.776.0841 1100 Moose Drive Christiansburg,VA 24073 Ph: 540.381.3171 Fax:540.381.3191 www.Goodsam.care EXHIBIT Neil V. Birkhoff L- From: Lesha Van Buren <lesha.vanburen@roanokeva.gov> Sent: Friday,July 12, 2024 4:12 PM To: aedwards@goodsam.care Cc: Andrea Trent; David Collins; ahoush@goosam.com; Neil V. Birkhoff Subject: Updateon Tax Exemption Attachments: BLANK PETITION for Tax Exemption (PDF)..pdf **EXTERNAL EMAIL** As you mentioned in our earlier telephone conversation. the hospice and palliative care operations are now operating in the building located at 4751 Cove Road. . The 16-bed hospice inpatient unit is now completed, however, not in use at this time. You stated Good Samaritan has applied for licensure to operate the hospice unit. For real property to be eligible for tax exemption under §58.1 -3651 , Code of Virginia, the property has to be in use by the nonprofit organization for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes at the time the petition is submitted to the locality. It is recommended that by the end of September 2024 or the first of October 2024 that Good Samaritan submits an updated petition. I have attached a blank petition for your use. The deadline to submit the updated petition is October 15, 2024. Lesha vavtiurevr, Department of Finance/Budget Analyst 215 Church Avenue, SW,Suite 459 South Roanoke,VA 24011 Phone: 540-853-6800 Fax: 540-853-2773 Email: lesha.vanburen@roanokeva.gov Live (Well) *** Lao.gh (oftevL) *** Love (much) i EXHIBIT Neil V. Birkhoff From: David Collins <david.collins@roanokeva.gov> Sent: Wednesday, October 9, 2024 4:55 PM To: Aaron Housh Cc: Amy Edwards; Neil V. Birkhoff Subject: RE: [EXTERNAL] Good Samaritan Follow Up Attachments: BLANK PETITION for Tax Exemption (PDF)..pdf **EXTERNAL EMAIL** Hello Mr. Housh, It was a pleasure speaking to you as well. I was out of town at a conference last week and am responding to your concerns. I believe it would be helpful to summarize the applicable law that governs real and personal property tax exemptions, and clarify our conversation. Section 58.1-3651 (A), Code of Virginia, provides in part that: Pursuant to subsection 6 (a)(6)of Article X of the Constitution of Virginia . . . any county,city,or town may by designation or classification exempt from real or personal property taxes, or both, by ordinance adopted by the local governing body, the real or personal property, or both, owned by a nonprofit organization. . .that uses such property for religious,charitable, patriotic, historical, benevolent,cultural, or public park and playground purposes. (emphasis added). Subsection D of Section 58.1-3651 requires that exemptions of property from taxation be construed strictly, meaning that any doubts as to whether a nonprofit is eligible for the exemption must be resolved against the exemption. Accordingly,the City of Roanoke has required applicants owning property being considered for tax exemption be able to demonstrate that such property was actively being used for religious, charitable, patriotic, historical, benevolent, or cultural purposes. Mere ownership, without active use, does not meet the criteria for exemption due to the manner in which the statute requires exemptions to be construed strictly. City Council is the ultimate decision maker when it comes to adopting an ordinance granting exemption, and City staff serves only to provide recommendations to City Council for such exemptions. Over the years, City staff has had to inform various applicants that they could not support a recommendation that City Council grant an exemption if the property was not actively being used for an eligible purpose. For example, churches and other nonprofits that owned vacant property have at times requested their property be exempt from taxation, even though the property was not being used for religious, charitable, or benevolent purposes.Some of these instances occurred when a church owned vacant land although was not actually using for religious purposes, or when a nonprofit was not using its property due to mold or some other condition.The property owners in those cases were encouraged to resubmit their application once the property started being used for eligible purposes. The City understands that Good Samaritan intends to use one-half of the building for its administrative offices, and the other half for an inpatient care facility. When Good Samaritan first applied for the exemption,the Cove Road property had not been developed and was under construction.At that time,the property was not actively being used for charitable or benevolent purposes. City staff thus informed Good Samaritan in March 2023 that it could not support a recommendation to City Council for exemption at that time. Staff recommended Good Samaritan withdraw the petition and reapply once the property started being used for charitable or benevolent purposes. 1 City staff informed me that it was not until May 6, 2024, that they received notice from Good Samaritan's counsel that it had fully transferred its hospice and palliative care operations to the new facility and that its staff was working from the new building.The Certificate of Occupancy was still pending at that time, and ultimately issued in July.The portion of the building to house the inpatient care facility was still pending state inspection. (I understand the Commonwealth approved Good Samaritan for this use last month.) For exemptions to be effective July 1, applications must be received by April 15. For exemptions to be effective January 1, applications must be received by October 15. When we last spoke, I informed you that when the City received notice that your operations had been transferred to the Cove Road property, the April 15 deadline by which an updated application must be submitted for an effective July 1, 2024 exemption had already passed. Moreover,there was an issue regarding whether the other half of the building that would house the patient care facility would be exempt since it is not being used for anything at the moment. In my opinion, I believe City Council has the authority to exempt the entire building given that at least half of the building is actively being used for charitable and benevolent purposes and the Commonwealth has since approved operation of the patient care facility. However, an updated application needs to be submitted. Lesha Van Buren, City Budget Analyst, informs me that while she sent you, Amy Edwards, and Neil Birkhoff an email on or around July 12, 2024, requesting that Good Samaritan submit an updated application for exemption by October 15, no updated exemption application has been returned to the City.As ordinances adopted by City Council granting tax exemption to real property require a public hearing, I strongly encourage you to submit an updated application to the City by October 15, 2024, so that Council's consideration of this matter is not further delayed. If the application is timely received, City staff will request a public hearing be scheduled and advertised in November or December for City Council to consider this matter. If the updated application is not received by October 15, any exemption granted will not be effective until July 1, 2025. For your convenience, I am attaching the City's standard exemption application and request that it be returned by October 15. You also inquired whether an exemption could be granted retroactive to July 1 to exempt the taxes which Good Samaritan was invoiced that were due October 5, 2024. I am researching applicable law to determine whether this is permissible and will advise. Please let me know if you have any questions in the meantime. David L. Collins Deputy City Attorney City of Roanoke Room 464 Noel C.Taylor Municipal Building 215 Church Avenue, S.W. Roanoke,Virginia, 24011 540-853-5240 NOTICE: This e-mail may contain attorney-client privileged information, privileged work product, or other confidential information. It is intended only for the designated recipient. If you received this message by mistake and are not the intended recipient, you are requested to delete this message immediately. Thank you. From:Aaron Housh<ahoush@goodsam.care> Sent: Friday,October 4, 2024 11:28 AM To: David Collins<david.collins@roanokeva.gov> Cc:Joseph L.Cobb<joseph.cobb@roanokeva.gov>;Amy Edwards<aedwards@goodsam.care>; Neil V. Birkhoff <neil.birkhoff@woodsrogers.com> Subject: [EXTERNAL] Good Samaritan Follow Up 2 !You don't often get email from ahoush@goodsam.care: Learn why this is important CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. David- Again, thank you for your time last week in regard to the tax exempt petition for Good Samaritan Hospice. As I have had time to process the information that was shared, I did have a couple of comments/questions. From our conversation, you stated the denial was based on the timing of the petition, meaning it was filed after the April 15th deadline. According to our correspondence with the city, we were informed that denial was not related to the timing of the petition but rather that the 16-bed facility was not licensed in April. While this was the case, Good Samaritan was operating out of the facility on March 26, 2024, the date the COO was issued. The majority of Good Sam's care and service will always be our home based hospice and palliative care programs - it is the heart of what we do - and we have been operating such service out of the Cove Rd location. In fact,we expect more than 95% of all of our charitable services to be non hospice house related care. I am having a very difficult time processing not only the denial,but now the significant tax bill that is now before us. Unfortunately, Good Sam is just not in a financial place to pay the sum. We have invested our resources back into our care and in this community by expanding service to include most needed services to this community. I believe this facility is a jewel in the crown of the city- and a significant financial development on Cove Rd. Good Samaritan specifically chose to build in the city because of its history of partnership with nonprofits. I do respectfully ask that this be reconsidered. Can the Council take corrective action to allow an exception that allows the exemption to be in effect July 1, 2024? Thanks in advance for your time and consideration. Aaron Aaron Housh Chief Exec,Live Officer 540.776.0198 Good Samaritan 14751 Cove Road NW, Roanoke, VA 24017 www.GoodSam.care www.facebook.com/GoodSamHospice 3 rV INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY • DISTRICT DIRECTOR ▪ 31 HOPKINS PLAZA EXHIBIT BALTIMORE/ MD 21201 EEa•teAR 1 6 1992 Employer Identification Number: U4-160S259 »> «< Contact Person: 0 JAMES GOOD SAMARITAN HOSPICE INC Contact Telephone Number:, C/O CAVE SPRING PROFESSIONAL CT (410) 962-•7756 3741 ELECTRIC ROAD SW ELDG R STE 2A ROANOKE/ VA 2401$ Accounting Period Ending: ' December 31 Foundation Status Classification: 509(a) (2) Advance Ru! ing Period Begins: December 137 1991 Advance Ruling Period Ends: December 315 199E Addendum Applies: Yes Dear Applicant; Based on information you supplied/ and assuming your operations will be as stated in your application •f':'r recognition of Exemptions He have determined you are exempt from federal income tax under section 501(a) of the Internal Revenue Code as an organization described in section 501(c:) (3) ., Because you are a newly created organization/ we are not now making a Final determination of your foundation status under section 509(a) of the Code. However/ we have determined that you can reasonably expect to be a publicly supported organization described in section 509.(a) (2) . Accordingly, during an advance ruling period you w.i l l be treated as a publicly supported organizations and nob as a private foundation. This advance • r'cci ing per-iod begins and ends ,an the dates shown above„ Within 90 days after the end of your advance ruling period/ you Must send us the information needed to determine whether you have met the require- ments of the applicable support test during the advance ruling period. If you establish that you have been a publicly supported organization/ we will clas(- fy+ you as a section 509(a) (1) or 509(a) (2) organization as long as you continue to meet the requirements of the applicable support test; If you do not meet the public support requirements during the advance ruling periods we Hi l l classify you as a private foundation for future periods. Also/ if we classify you as a private foundation/ we will treat you as a private foundation from your beginning date for purposes of section 1507(d) and 4940. Grantors and contributors may rely on our determination that you are not a private foundation until 90 days after the end of your- advance ruling period. If you send us the required information within the 90 days/ grantors and. contributors may continue to rely on the advance determination untewe make a final determination of your foundation status. Letter t045(lO/CG) . • • lib • -2- GOOD SAMARITAN HOSPICE INC • If we publish a notice in the Internal Revenue Bulletin stating that He wili no longer treat you as a publicly supported organization, grantors and contributors may not rely on this determination after the date we publish the notice. In additions if you lose your status as a publicly supported organi•- .".:ati ipan s and a grantor or contributor was responsible fors or was aware of, the act or failure to acts that resulted in your loss of such- status/ 'that person may not rely on this determination from the date of the act or failure to act. Also/ if a grantor or coni.ributor learned that we had given notice that you would be removed from classification as a publicly supported organization, then that person may not rely on this determination as of the date he or she acquired such knowledge. If you change your sources of supports your purposes' characters or method of operations please let us know so we can consider the effect of the change on your exempt status and foundation status. If you amend your organizational document or bylaws' please send us a copy of the amended document or bylaws„ A I sae let us know all changes in your name or address. As of January 1/ 1984/ you are liable for social securities taxes under the Federal Insurance Contributions Act en amounts of :$100 or more you pay to 1110 each of your employees during a calendar year. You are not liable for the tax imposed under the Federal Unemployment Tax Act (FUTA) .• Organizations that are not private foundations are not subject to the pri- vate foundation excise taxes under Chapter 42 of the Internal Revenue Code. However' you are not automatically exempt from other federal excise taxes. If you have any questions about excises employments or other federal taxes/ please let us know. • Donors may deduct contributions to you as provided in section 170 of the Internal Revenue Code. Bequests/ legacies/ devises/ transfers' or gifts to you or fer your use are deductible for Federal estate and gift tax purposes if they meet the applicable provisions of sections 2055s 210E and 2522 of the Code. Donors may deduct contributions to you only to the extent that their contributions are gifts' with no consideration received. Ticket purchases and similar payments in conjunction with fundraising events may not necessarily qualify as deductible contributions' depending on the circumstances. Revenue Ruling 57-2457 published in Cumulative Bulletin 1967-21 on page 1041 gives guidelines regarding when taxpayers may deduct payments for admission to' or other participation in. fundraising activities for charity. You are not required to file Form 990, Return of Organization Exempt From Income Tax if your gross receipts each year are normally $257000 or less. If you receive a Form 990 package in the mails simply attach the label provided' check the box in the heading to indicate that your annual gross receipts are 4111 normally $051000 or less' and sign the return. If you are required to file a return yea must file it by the 15th day of • Letter 1045(OO/CG) _JT GOOD SAMARITAN HOSPICE INC the fifth month after the end of your annual accounting period.. We charge a penalty of $10 a day when a return is filed late/ unless there is reasonable cause for the de l ay. However/ the maximum penalty we charge cannot exceed $6/000 or 5 percent of your gross receipts for the year/ whichever is less. We may also charge this penalty if a return is not complete. Sol please be sure your return is complete before you file it. You are not required to file federal income tax returns unless you are subject; to the tax on unrelated business income under section 511 of the Code. If you are subject to thie taxi you must file an income tax return on Form 990—Ts Exempt Organization Business Income Tax Return. In this letter we are not determining whether any of your present or proposed activities are unre anted trade or business as defined in section 513 of the Code. You need an employer identification number even if you have no employees. If an employer identification number was not entered on your 'application/ we will assign a number to you and advise you of it. Please use that- number on all returns youfile and in all ccrrespondc:nc:e with the Internal Revenue Service. If we said in the heading of this letter that an addendum applies/ the (117) addendum enclosed is en integral part of this letter. Because this letter could help us resolve any questions about your exempt status and foundation status/ you should keep it in your permanent records. If yoti have any questions please contact the person whose name and telephone number are shown in the heading of this letter. a cc•:re1y yours/ District Director • Enclosure(s) c Addendum Form 872—C • 0 Letter 1045 DO/CO) S , • a 1 -4- GOOD SAMARITAN HOSPICE INC • You are required to make available for public inspection a copy of your exemption application/ and supporting documents/ and this exemption letter. If you are required to file an annual information return, you are also required to mike a copy of the return available for public inspection_ for three years after the return is due. Failure to make these documents available for public i nspec b i can may subject you to a penalty of $10 per day for each day there is a failure to comply (up to a maximum of $5 000 in the case of an annual return) . See Internal Revenue Service Notice gS-120/ l988-2 C.L . 4545 for additional in-formation. Guidelines under whiLh private foundations may rely on this dotermination7 for gifts, grants/ and contributions made after March 139 1909, were liberalized and published in Rev. Proc. t 9--239 Cumu l at i ve:Etu I l e•l;i n 1939-1 s • page 844. (7) Letter 104E(OU/CG) INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY DISTRICT DIRECTOR 31 HOPKINS PLAZA BALT IMORE, .MD- 21201 Employer identification Number;irate° An le lBu 54-16OS259 Case. Number: 52. 095044 GOOD SAMARITAN HOSPICE INC 'Contact Person: 3525 ELECTRIC RD STE A EPIEO CUSTOMER SERVICE UNIT . ROANOKE, VA 24010-4510 Contact Telephone Number: (910) 962-6058 Our Letter Dated: March 16,1992 Addendum Applies: lies Dear Applicant: This modifies our letter of the above date in which we stated that you would be treated as an organization that is not a private foundation until the expiration of your advance ruling period. • • Your exempt status under section 501(a) of the internal Revenue Code as an organization described in section 501.(c)(3) is still in effect. Based on the information you submitted, we have determined that you are not a private foundation within the meaning of section 509(a) of the Code because you are an organization of the type described in section• 509(a)(l) and 170(b)(1)(A)(vi). Grantors and contributors may rely on this determination unless the Internal Revenue Service publishes notice to the contrary. However,' if you lose your section 509(a)(1) status, a grantor or contributor may not rely on this determination if he or she was in part responsible for, or was aware of, the act or failure to act, or the substantial or material change on the part of the organization that resulted in your loss of such status, dr if he or she acquired knowledge that the Internal Revenue Service had given notice that you would no longer be classified as a section 509(a)(1) organization. If we. have indicated in the heading of this letter that an addendum applies, the addendum enclosed is an integral part of this letter. Because this letter could help resolve any questions about your private foundation status, please keep it in your permanent records. If you have any questions, please contact the person whose name and telephone number are shown above. Sincerely yours, • • 1(. 104,WelifX. District Director • Enclosure: Addendum Letter 1050 (DO/CO) kn r • -2- GOOD SAMARITAN HOSPICE INC Guidelines under which private foundations may rely on this determination, for. gifts, grants, and contributions made alter 'larch 13, 1989, were liberalized and published in Rev. Proc. 89-23, Cumulative Bulletin 1989-I, page 844. You are required to make available for public inspection a copy of your exemption application, and supporting documents, and this exemption letter. If you are required to file an annual information return, you are also required to make a copy of the return available for public inspection for three years after the return is due. Failure to make these documents available for public inspection may subject you to a penalty of $10 per day for each day there is a failure to comply (up to a maximum of $5,000 in the case of an annual return') . See Internal Revenue Service Notice 88-120, 1988-2 C.B, 454, for additional information. During your advance ,ruling period, you were treated as an organization described in section 509(a)(2) of the Code. However, based on the information • submitted, you are a publicly supported organization described in sections 509 (a) (1) and 170(b)(t)(A)(vi).. of the Code. Section 1.509(a)-4 of the Income Tax Regulations states that if an organization is described in section 509(a)(1) and any other subsection of 509(a), it will be classified as an organization 0 described in 509(a)(I) . You have been reclassified accordingly. This is not a denial of 509(a)(2) status, and is more advantageous to you. If at any time you cease to qualify for classification under 509(a)(1), consideration would be given to possible recognition under 509(a)(2) . • Letter 1050 (D0/CG) The Roanoke Times Account Number 1 Roanoke,Virginia 6012830 Affidavit of Publication Date CITY OF ROANOKE-DEPT OF FINANCE December 6,2024 Attn Lesha VanBuren,Budget Analyst 215 CHURCH AVE SW ROOM 357 ROANOKE,VA 24011 Date Category Description Ad Size Total Cost 11/17/2024 Legal Notices PUBLIC HEARING 2 x 0.00 IN 1,066.20 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 was published in said newspapers on the following dates: 11/09/2024 The First insertion being given... 11/09/2024 Newspaper reference: 0001504056 Billing Representative Sworn to and subscribed before me this 6th Day of December 2024 Notary Public State of Virginia County of Hanover RICHARD A HUNDLEY My Commission expir s NOTARY PUBLIC REG.#7904041 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES JANUARY 31,2028 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU NOTICE OF PUBLIC HEARING Notice is hereby given That the City Counci of the City of Roanoke will hold a public hearing at its regular meeting to be held on Monday,November 18,2024,commencing at 7:00 p.m.,in the Council Chambers,4th Floor,Noel C.Taylor Municipal Building, 215 Church Avenue,S.W.,Roanoke,Virginia on the question of adoption of an ordinance pursuant to Section 58.1-3651,Code of Virginia(1950),as amended,approving the request of Good Samaritan Hospice,Incorporated(Good Samaritan),a 501(c)(3) non-profit corporation,for designation of its real property,identified as 4751 Cove Road,bearing Roanoke Official Tax Map No.6410111, to be exempt from real estate taxation due to its benevolent and charitable use of the property.Good Samaritan uses the property as the base of Good Samaritan's administrative operations,and it will contain an in-patient care facility for patients with acute pain or symptoms that cannot be managed in the home. The total assessed value of the real estate for which tax exemption is being sought is$8,584,000 for the 2024-2025 tax year,with a tax of$104,724.90.If the exemption is granted and becomes effective January 1,2025,a 20%service charge will be assessed annually in lieu of real estate taxes,commencing with the second installment of real estate taxes due.For the 2024-2025 tax year,the loss of revenue to the City of Roanoke will be$41,889.92. Citizens shall have the opportunity to be heard and express their opinions on this matter. All persons wishing to address City Council must sign-up with the City Clerk's Office by emailing clerk@roanokeva.gov or calling (540)853-2541 by 12:00 noon,on November 18,2024. If you are a person with a disability who needs accommodations for this public hearing,contact the City Clerk's Office,(540)853-2541, by 12:00 noon on Thursday,November 14,2024. The City of Roanoke provides interpretation at no cost for all public meetings,upon request.If you would like to request an interpreter, please let us know at least 24 hours in advance by calling (540)853-1283. La Ciudad de Roanoke proporciona interpretacion sin costo por todas cites publicas,previa solicitud.Si usted desea solicitar un interprete,haganoslo saber con al menos 24 horas de antelaci6n par Ilamar(540)853-1283. Jiji la Roanoke linatoa huduma ya ukalimani bila malipo katika mikutano yote ya umma,inapoombwa.Iwapo ungependa kuomba mkalimani,tafadhab tujulishe angalau saa 24 kabla kwa kupiga simu(540)853-1283. 6(144)353_I:AI_ri=.J 4 :•t , .1Y.0.24.Y:a'at1.+:-iJi. AO+31* GIVEN under my hand this 9th day of November,2024. Cecelia F.McCoy,City Clerk } NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of Roanoke will hold a public hearing at its regular meeting to be held on Monday, November 18, 2024, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke,Virginia on the question of adoption of an ordinance pursuant to Section 58.1-3651,Code of Virginia (1950), as amended, approving the request of Good Samaritan, Incorporated (Good Samaritan),a 501(c)(3)non-profit corporation,for designation of its real property,identified as 4751 Cove Road,bearing Roanoke Official Tax Map No. 6410111,to be exempt from real estate taxation due to its benevolent and charitable use of the property. Good Samaritan uses the property as the base of Good Samaritan's administrative operations, and it will contain an in-patient care facility for patients with acute pain or symptoms that cannot be managed in the home. The total assessed value of the real estate for which tax exemption is being sought is $8,584,000 for the 2024-2025 tax year,with a tax of$104,724.80. If the exemption is granted and becomes effective January 1, 2025, a 20% service charge will be assessed annually levied in lieu of real estate taxes, commencing with the second installment of real estate taxes due. For the 2024-2025 tax year, the loss of revenue to the City of Roanoke will be$41,889.92. Citizens shall have the opportunity to be heard and express their opinions on this matter. All persons wishing to address City Council must sign-up with the City Clerk's Office by emnailing clerk@roanokeva.gov or calling (540) 853-2541 by 12:00 noon, on November 18, 2024. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office, (540)853-2541, by 12:00 noon on Thursday,November 14, 2024. The City of Roanoke provides interpretation at no cost for all public meetings, upon request. If you would like to request an interpreter,please let us know at least 24 hours in advance by calling (540) 853-1283. La Ciudad de Roanoke proporciona interpretacion sin costo por todas citas publicas, previa solicitud. Si usted desea solicitar un interprete, haganoslo saber con al menos 24 horas de antelacion por llamar(540) 853-1283. Jiji la Roanoke linatoa huduma ya ukalimani bila malipo katika mikutano yote ya umma, inapoombwa. Iwapo ungependa kuomba mkalimani, tafadhali tujulishe angalau saa 24 kabla kwa kupiga simu(540) 853-1283. _AI ,�,IA cats L. (:).. . -'4.:uya .Lil 4.:.94' .°yac UL..1_i 4.44 LsI Sy9, (540) 853-1283 v. cs:J.3=iI t'=r-24 cJsla tsb1 .@,HI Lslatsw ,-,.,,I j,,�0.4 L.141a vL,y. J. I, GIVEN under my hand this 9th day of November, 2024. Cecelia F. McCoy, City Clerk Note to Publisher: Publish in the Legal Section of the Roanoke Times once on Saturday,November 9, 2024. Please send invoice to: Lesha Van Buren, Budget Analyst Management and Budget 4th Floor,Noel C. Taylor Municipal Building 215 Church Avenue, S.W.,Room 459 Roanoke, Virginia 24011 Please send affidavit of publication to: Cecelia F. McCoy, City Clerk 4th Floor,Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 456 Roanoke, Virginia, 24011 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of November 2024. No. 43103-111824. AN ORDINANCE authorizing the Interim City Manager or designee to execute the necessary documents providing for the sale and conveyance of 801 Franklin Road, S.W., Roanoke, Virginia, Official Tax Map No. 1020716, to Crandall Providence Building, LLC, upon certain terms and conditions; and dispensing with the second reading of this Ordinance by title. WHEREAS, a public hearing was held on October 21, 2024, and continued until November 18, 2024, pursuant to §§15.2-1800 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 such sale and conveyance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Interim City Manager or designee is hereby authorized on behalf of the City to execute a sales contract, substantially similar to the Contract attached to the City Manager's Report dated November 18, 2024, to sell 801 Franklin Road, S.W., Roanoke, Virginia, Official Tax Map No. 1020716, to Crandall Providence Building, LLC, for the sum of $53,100 in connection with the expansion of a business. 2. The Interim City Manager or designee is further authorized, for and on behalf of the City, to execute a Special Warranty deed and all other necessary documents, in a form approved by the City Attorney, providing for the sale and conveyance of the Property to Crandall Providence Building, LLC , all as more particularly set forth in the City Manager's Report dated November 18, 2024. 3. The Interim City Manager or designee is further authorized on behalf of the City to negotiate and execute such further documents and take such further actions related to this matter as may be necessary to implement, administer, and enforce the conditions and obligations that must be met by the parties pursuant to the Contract. 4. All documents necessary for this conveyance shall be in form approved by the City Attorney. 5. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. _ ATTEST: City Clerk. City Manager's Report /OW�' Submitted by: Marc Nelson, Director Department of Economic Development ROANOKE November 18, 2024 Title: Request for Sale of a City-Owned Vacant Lot located at 801 Franklin Road, SW (Official Tax Map Number 1020716). Background: Crandall Providence Building, LLC (Buyer), a Virginia Limited Liability Company, has offered to purchase a parcel of real property owned by the City of Roanoke (city) located at 801 Franklin Road, SW (Property) (Tax Map Number 1020716). This parcel is currently vacant and consists of approximately 0.1075 acres. Buyer has offered a purchase price of$53,100.00, which is the Property's current tax assessed value. Buyer's law firm is located immediately adjacent to the Property at 813 Franklin Road, SW. Buyer desires to purchase the Property to accommodate its future expansion plans. Recommended Action: After consideration of comments received at the public hearing and absent comments at the public hearing needing further consideration, authorize the Interim City Manager or designee to execute the proposed agreement, substantially in the form attached hereto, and execute and deliver all closing documents and take such other actions to effectuate the proposed agreement. All documents are subject to approval as to form by the City Attorney. QZielat; s $JW.- , Lydia Patton, Interim City Manager Property Location — 801 Franklin Road, SW4411Vellins lift. ROANOKE ►1020314-} H+. 3 J r t t i ',. 4, t r »4,mka'c� y craw r L'fJ i. lJ i L.4.(SJX.�:� i !,�,Ir 1' • ' ,y„Sb$ ...- -.' _ `m" u4r'1' .,, fin'" sa,, ',,,-, ., p "� V � eh,3Y« 5 . ***.# w* �S . +0 g r ,, ~ ,,, -, -^y.P_"M--$.&-, u . � ���4 � � r � � f -R � •,wr ��(�0l ; . � _ v. —1r.0c • 20r 8{..6! If - :r f "i GO at tk cj ey ca ,' 1020801 - lit 1021807: "it c' o pa a r"y r O a • it C7 ems: $ €' �,.., age n t, s wr* *.� „. • .. , �" `; : , ,, K ,. 1020808 i , � g, t . 10208OrJ , c°'d�x- . i ,fr a e M', 102080g'' + • q ~.� 4071, r, ', 1020729 L ,r i • fix- y © l «a Cz O p�wisS r `x x" -yp rwMrWw41wM ", r - +rtn p - A we CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY This Contract for Option for Purchase and Sale of Real Property ("Contract") is dated the day of , 2024 ("Effective Date"), by and between CITY OF ROANOKE, VIRGINIA, a Virginia municipal corporation, with an address of Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Room 364, Roanoke, Virginia 24011 ("Seller") and CRANDALL PROVIDENCE BUILDING, LLC ("Buyer") (Seller and Buyer are collectively referred to herein as the "Parties" and individually as "Party"), • RECITALS: WHEREAS, Seller has agreed to sell certain real property it owns, together with any improvements thereon, located at 801 Franklin Road, S.W., Roanoke, Virginia, bearing Official Tax Map No. 1020716 (referred to hereafter as the "Property") to Buyer, and Buyer has agreed to purchase the Property from Seller,upon the terms and conditions set forth below; and WHEREAS, Roanoke City Council authorized the Roanoke City Manager to enter into this Contract pursuant to Ordinance No. , adopted by Roanoke City Council on October 21, 2024, after a public hearing was advertised and scheduled. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein set forth, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the Parties, the Parties hereby agree as follows: SECTION 1. DEFINITIONS. Unless the context otherwise specifies or requires, for the purpose of this Contract, the following terms shall have the meanings set forth in this Section. Closing: The consummation of this Contract by Seller's delivery to the Buyer of a Quitclaim Deed to the Property. Closing Date: The date provided for in Section 8 hereof for the Closing, which shall be a date no later than ninety days (90) days after the Effective Date, unless the Closing Date is modified as provided for herein. Days: Unless otherwise stated, this term means consecutive calendar days. Effective Date: The date listed in the first paragraph of this Contract. Feasibility Period or Feasibility Review: A period of sixty (60) days following the Effective Date, for Buyer to examine and inspect the title, environmental, and physical condition of the Property to determine if the Property is suitable to Buyer's purpose, as referenced in Paragraph 3(D) herein. 1 Improvements: Any and all improvements, and all appurtenances thereto, if any, located on the Property at the time of Closing. Property: The real property, together with any improvements thereon, located at 801 Franklin Road, S.W., bearing Roanoke Official Tax Map No. 1020716, containing approximately 4,682 square feet more or less; as described on the legal description attached as Exhibit 1, incorporated herein by reference. Purchase Price: The sum of Fifty Three Thousand One Hundred and No/Dollars ($53,100). Title Commitment: A commitment for title insurance in favor of Buyer for the Property to be issued by a Title Company: Title Company: Any nationally recognized title insurance company acceptable to Buyer. SECTION 2. PURCHASE AND SALE OF PROPERTY. A. Seller agrees to sell the Property to Buyer, and Buyer agrees to purchase the Property from Seller, upon all the terms, covenants, and conditions set forth in this Contract. B. The Purchase Price shall be payable.in cash or certified check from Buyer to Seller at Closing. SECTION 3. CONDITIONS FOR COMPLETION OF CONTRACT. A. As a condition precedent to Buyer's obligation to purchase the Property or otherwise to perform any obligations provided for in this Contract, Seller, as of the Closing, shall have complied with Seller's representations and warranties in Section 7 of this Contract, and the fulfillment to the Buyer's reasonable satisfaction of Seller's delivery to Buyer on the Closing Date of title to the Property and other documents as prescribed in Section 8. As a condition precedent to Seller's obligation to sell the Property or otherwise perform any obligations provided for in this Contract, Buyer, as of the Closing, shall have complied with Buyer's obligations, representations, and warranties in this Contract. B. Buyer and/or Seller may, at any time on or before the Closing Date, at its election, waive in writing any of the other party's conditions precedent referenced in this Section 3, and Buyer's and Seller's consummation of the transaction on the Closing Date shall waive all such conditions precedent. C. Buyer shall have a Feasibility Period conunencing upon the Effective Date of this Agreement, and continuing for a sixty day (60) day period thereafter, unless such period is completed by Buyer sooner, during which Buyer shall have the right to enter the Property to investigate all aspects of the Property to make such marketing, financial, surveying, architectural, engineering, topographical, geological, soil, subsurface, environmental, water drainage, and traffic studies and any other audits, investigations, inspection, evaluations, studies, tests, borings, and measurements ("Feasibility Review") as Buyer deems necessary or advisable to determine whether there exist any issues that 2 would prevent Buyer's intended use of the Property. Should Buyer determine during such Feasibility Period that the Property cannot be used by the Buyer due to any of the problems outlined above in this section, Buyer shall notify Seller in writing as soon as possible of Buyer's decision to terminate the Contract for such reason. In such event, this Contract shall thereupon be terminated and of no further force and effect without any liability of Buyer to Seller for such termination, unless Seller and Buyer mutually agree to modify this Contract in writing to address any such issues. D. Right of Entry- In connection with Buyer's ability to conduct its Feasibility Review, Seller hereby grants to Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives, and consultants, a revocable right to enter upon the - Property at any time during the Feasibility Period, upon one (1) working day prior written notice to Seller, in order to survey, make test borings, and carry out such other examinations, exploratory work, or testings as may be necessary to complete Phase I and Phase II Environmental Assessments, geotechnical assessments, or nondestructive engineering evaluations of the Property, and other examinations reasonably necessary as part of the Feasibility Review. Buyer agrees to be responsible for any and all damages resulting from the activity or activities of Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, on the Property in the exercise of the rights granted under this Section 3. Should Buyer decline to purchase the Property, Buyer shall, at its .sole cost, promptly and fully restore the Property disturbed by the exercise of the rights under this Section 3 to the same condition in which the Property existed prior to Buyer's entry on the Property, that Seller reasonably determines was damaged by Buyer's actions. E. Upon the request of Seller, Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, shall within a reasonable period of time after receipt of any preliminary or final survey, test results or conclusory reports and opinion statements, deliver copies of same to Seller. If Seller so requests, Buyer shall also turn over copies of raw data obtained and any laboratory and observation reports or analyses. SECTION 4. BUYER'S AND SELLER'S OBLIGATIONS. A. Seller agrees that it will do the following: (i) Seller agrees to sell to Buyer the Property in accordance with the terms of this Contract. (ii) Seller will deliver to the Buyer a quitclaim deed with English covenants of title at Closing in accordance with the terms of this Contract. B. Buyer agrees and promises that it will do and/or has done the following: (i) Buyer shall purchase the Property from the Seller subject to all easements, restrictions, and covenants of record, for the Purchase Price and will make payment in accordance with the terms of this Contract. 3 (ii) Buyer agrees that Buyer is taking the Property in an AS IS, WHERE IS condition without any warranties or representations from Seller, and that Buyer has had sufficient opportunities to fully examine the Property. SECTION 5. ASSIGNMENT. Seller agrees not to assign or transfer any part of this Contract without the prior written consent of the Buyer, Nrhich will not be unreasonably withheld, and any such assignment shall not relieve Seller from any of its obligations under this Contract. SECTION 6. FORUM SELECTION AND CHOICE OF LAW. By virtue of entering into this Contract, Buyer agrees and submits itself to a court of competent jurisdiction, which shall be the Circuit Court or General District Court for City of Roanoke, Virginia, and further agrees this Contract is controlled by the laws of the Commonwealth of Virginia, with the exception of Virginia's conflict of law provisions which shall not apply, and that all claims, disputes and other matters shall be decided only by such court according to the laws of the Commonwealth of Virginia as aforesaid. Buyer further waives and agrees not to assert in any such action, suit or proceeding, that it is not personally subject to the jurisdiction of such courts, that the action, suit or proceeding, is brought in an inconvenient forum or that the venue of the action, suit or proceeding, is improper. SECTION 7. COVENANTS AND WARRANTIES. A. In addition to any representations and warranties contained elsewhere in this Contract, Seller warrants and represents that Seller will, in accordance with this Contract, convey title to the Property in an AS IS, WHERE IS, condition to Buyer, and subject to any items of record and any matters disclosed by any survey completed by Buyer. B. Seller further represents and warrants with respect to the Property that: (i) Title. Seller has title to the Property subject to any restrictions, covenants, and easements of record and any matters which a survey would disclose. Seller is the sole owner of the Property. Seller represents that as of the.Closing, no person other than Seller has any legal right to possession or occupancy of the Property under any leases or any other agreement or claim. (ii) Condemnation. Seller has no knowledge of any pending or threatened proceedings for condemnation or the exercise of the right of eminent domain as to any part of the Property or the limiting or denying of any right of access thereto. (iii) Hazardous Materials. Seller makes no warranties or representations of any type regarding hazardous materials of any type or with respect to the environmental condition of the Property: 4 (iv) Tenants. No person is occupying the Property under any lease, agreement, or claim of right. SECTION 8. TITLE AND CLOSING. A. Title to the Property shall be conveyed by Seller to Buyer by quitclaim deed, in an AS IS. WHERE IS, condition (the "Deed") subject to the following: (i) Ad valorem real property taxes for the current year if any, not yet due and payable, stormwater utility fees if any, for the current year, not yet due and payable, and solid waste fees if any, for the current year, not yet due and payable, and all utilities (i.e. electricity, water, cable and internet, telephone, and or gas) made current; (ii) Those matters of title to which Buyer has not objected to in writing; (iii) Those matters reflected on any survey Buyer may obtain to which Buyer has not objected to in writing; (iv) Easements and other restrictions of record as of the date of execution of this Contract by Seller; (v) Liens and objections shown on any Title Commitment purchased by Buyer; (vi) Other customary and usual exceptions not adversely affecting title; and (vii) Those items and matters set forth in this Contract and that the obligations and undertakings of the Buyer in this Contract. B. Delivery of title in accordance with the foregoing shall be evidenced by the willingness on the Closing Date of the Title Company to issue, if Buyer obtains title insurance, upon payment of its normal premium, to Buyer its A.L.T.A. (Form B) Owner's Policy of Title Insurance (the "Title Policy") insuring Buyer in the amount of the Purchase Price in respect to the Property and that title to the Property is vested in Buyer subject only to the Conditions of Title. C. Buyer and Seller shall consummate and complete the Closing of this transaction within thirty (30) Days after completion of the Feasibility Period set forth in Section 3 of this Contract, or such sooner date. Buyer shall designate the specific Closing date in writing to Seller at least ten(10) business days in advance thereof(the"Closing Date"). D. The purchase and sale of the Property shall be closed (the "Closing") at 10:00 A.M. on the Closing Date in the Office of the City Attorney, or at such other location, date, and time as shall be approved by Buyer and Seller. (i) On the Closing Date, Seller shall deliver or cause to be delivered to Buyer the following documents: 5 (a) Its duly executed and acknowledged Quitclaim Deed conveying to Buyer the Property in accordance with the provisions of this Contract; (b) Such evidence and documents including, without limitation, a certified copy of the ordinance or resolution adopted by Seller, as may reasonably be required by the Title Company, if title insurance is obtained, evidencing the authority of the person(s) executing the various documents on behalf of Seller in connection with its sale of the Property; (c) A duly executed counterpart of a Closing Statement (d) An Owner's Affidavit signed and notarized by Seller stating that no work which remains unpaid has been performed on the Property within the last one hundred 120 days; and (e) Any other items required to be delivered pursuant to this Contract. F. Deductions from Purchase Price- At Closing, real property taxes, stormwater utility fees, other utility fees, and solid waste fees (if any) shall be prorated with Buyer being responsible for all periods thereafter. G. Buyer shall pay for (i) the cost of all investigations of the Property including but not limited to examination of title and title insurance premiums for issuance of the Title Policy; (ii) all attorney's fees and expenses incurred by legal counsel to Buyer; (iii) any Grantee's tax and recording costs required to be paid in connection with the recording of the Deed; and (4) Grantor's tax, if any. H. Exclusive possession of the Property shall be delivered to Buyer on the Closing Date, subject to the provisions of this Contract. I. At Closing, Buyer shall deliver the Purchase Price, together with any other amounts required by this Contract, to Seller. SECTION 9. CONDEMNATION. Seller has no actual knowledge of any pending or threatened condemnation of the Property. However, if, after the date hereof and prior to the Closing Date, all or any part of Property is subjected to a bona fide threat of condemnation or condemned or taken by a body having the power of eminent domain or a transfer in lieu of condemnation, Buyer shall be promptly notified thereof in writing and within twenty (20) Days after receipt of written notice to Buyer. Buyer may by written notice to Seller elect to cancel this Contract prior to the Closing Date, in which event all parties shall be relieved and released of and from any further duties, obligations, rights, or liabilities hereunder, and thereupon this Contract shall be deemed terminated and of no further force and effect. If no such election is made by the Buyer to cancel this Contract, this Contract shall remain in full force and effect and the purchase contemplated herein, less any interest taken by condemnation or eminent domain, shall be effected with no further adjustments, and upon the 6 Closing Date, Seller shall assign, transfer, and set over to Buyer all of the right, title, and interest of Seller in and to any awards that have been or that may thereafter be made for any such taking or takings. SECTION 10. RISK OF LOSS. Risk of Loss by fire or other casualty shall be upon Seller until Closing is completed, except if such loss is the result of acts or omissions of the Buyer or Buyer's employees, agents, contractors, or representatives, in which case such loss shall' be Buyer's responsibility. Provided, however, if the Property is substantially damaged or destroyed before Closing by such casualty, then either party may cancel this Contract by giving the other party thirty (30) Days written notice of such cancellation and neither party will have any further obligations to the other and Seller shall not he liable to Buyer for any failure to deliver the Property to Buyer. SECTION 11. COMMISSIONS. Seller and Buyer each warrant and represent to the other that their sole contact with the other or with the Property regarding this transaction has been directly between themselves and their employees. Seller and Buyer warrant and represent that no person or entity can properly claim a right to a commission, finder's fee, or other compensation based upon contracts or understandings between such claimant and Buyer or Seller with respect to the transaction contemplated by this Contract. Both parties agree to be responsible for any claim, loss, cost, or expense, including, without limitation, attorneys' fees, resulting from any claim for a commission, finder's fee, or other compensation asserted against such party by any person or entity based upon such contacts or understandings. SECTION 12. NOTICES. All notices hereunder must be in writing and shall be deemed validly given, by personal service, if sent by certified mail, return receipt requested, or by a nationally recognized overnight courier, addressed as follows (or any other address the party to be notified may have designated to the sender by like notice): If to Buyer: City of Roanoke, Virginia Department of Economic Development ATTN: Marc Nelson,Director 117 Church Avenue, SW Roanoke, VA 24011 Phone: 540-853-2715 If to Seller: Crandall Providence Building, LLC ATTN: 366 Elm Avenue, S.W. Roanoke, Virginia 24017 Notice shall be deemed delivered upon the date of personal service, two days after deposit in the United States mail, or the day after delivery to a nationally recognized overnight courier. 7 SECTION 13. TIME. Time is of the essence in the Parties' respective obligations under this Contract. SECTION 14. SUCCESSORS AND ASSIGNS. This Contract shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns. SECTION 15. COUNTERPART COPIES. This Contract may be executed in one or more counterparts, and all such counterparts so executed shall constitute one Contract binding on all the Parties hereto, notwithstanding that all of the Parties are not signatory to the same counterpart. SECTION 16. CONSTRUCTION. The Parties acknowledge that each party and its counsel have reviewed and revised this Contract and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Contract or any amendments or exhibits hereto. SECTION 17. SEVERABILITY AND SURVIVAL. If any term of this Contract is found to be invalid, such invalidity shall not affect the remaining terms of this Contract, which shall continue in full force and effect. The Parties intend for the provisions of this Contract to be enforced to the fullest extent permitted by applicable law. Accordingly, the Parties agree that if any provisions are deemed not enforceable by any court or agency of competent jurisdiction, they shall be deemed modified to the extent necessary to make them enforceable. SECTION 18. COOPERATION. Each party agrees to cooperate with the other in a reasonable manner to carry out the intent and purpose of this Contract. SECTION 19. AUTHORITY TO SIGN. The persons who have executed this Contract on behalf of the Parties represent and warrant they are duly authorized to execute this Contract on behalf of their respective entity. SECTION 20. NONWAIVER. Each party agrees that any party's waiver or failure to enforce or require performance of any term or condition of this Contract or any party's waiver of any particular breach of this Contract by any other party extends to that instance only. Such waiver or failure is not and shall not be a waiver of any of the terms or conditions of this Contract or a waiver of any other breaches of the 8 Contract by any party and does not bar the nondefaulting party from requiring the defaulting - party to comply with all the terms and conditions of this Contract and does not bar the nondefaulting party from asserting any and all rights and/or remedies it has or might have against the defaulting party under this Contract or by law. SECTION 21. FORCE MAJEURE. Neither party shall be in default or otherwise liable for any delay in or failure of its performance under this Contract if such delay or failure arises by any reason beyond its reasonable control, including any act of God, any acts of common enemy, the elements, earthquakes, floods, fires, epidemics, riots, strikes, failures or delay in transportation or communication, shortages of material, approval delays or any act or failure to act by the other party or such other party's employees, agents or contractors;.provided, however, that lack of funds shall not be deemed to be a reason beyond a party's reasonable control. The Parties shall promptly inform and consult with each other as to any of the above causes which in their judgment may or could be the cause of a delay in the performance of this Contract. For purposes of this Contract, any one (1) delay caused by any such occurrence shall not be deemed to last longer than four (4) months and the party claiming delay caused by any and all such occurrences shall give the other party written notice of the same within 30 days after the date such claiming party learns of or reasonably should have known of such occurrence. Notwithstanding anything else set forth above, after a total of six (6) months of delays of any type have been claimed by a party as being subject to force majeure, no further delays or claims of any type shall be claimed by such party as being subject to force majeure and/or being an excusable delay. SECTION 22. ENTIRE CONTRACT. This Contract, together with the exhibits hereto, contains all representations and the entire understanding between the Parties hereto with respect to the subject matter hereof Any prior correspondence, memoranda, or contracts are replaced in total by this Contract and the exhibits hereto. No amendment to this Contract shall be valid unless made in writing and signed by the appropriate parties. SELLER: CITY OF ROANOKE, VIRGINIA By: (SEAL) Dr. Lydia Pettis Patton, Interim City Manager 9 COMMONWEALTH OF VIRGINIA CITY OF ROANOKE to-wit: The foregoing instrument was acknowledged before me this day of , 2024, by Dr. Lydia Pettis Patton, Interim City Manager for the City of Roanoke, Virginia, for and on behalf of the City of Roanoke, Virginia. My commission expires: Notary Public Registration No. SEAL • 10 BUYER: CRANDALL PROVIDENCE BUILDING, LLC By Printed Name: Title: COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to-wit: The foregoing instrument was acknowledged before me this day of 2024, by , Managing Member of Crandall Providence Building, LLC, for and on behalf of Crandall Providence Building, LLC. My commission expires: Notary Public Registration No. SEAL Approved as to Fomi: Approved as to Execution: Deputy City Attorney Deputy City Attorney 11 EXHIBIT 1 Property Description Tax Map No. 1020716 Parcel 001 —Being as shown on Sheet 3 of the plans for Route 221, State Highway Project 0221- 128-102, RW-201, and lying west of and adjacent to the west proposed right of way line of Route 221 (Franklin Road) from the south existing right of way line of present Elm Avenue opposite approximate Station 32+38 (Franklin Road construction centerline) to the north existing right Af way line of an alley opposite approximate Station 33+62, (Franklin Road construction centerline) and containing 4,882 square feet,more or less, land; and For a more particular description of the land herein conveyed, reference is made to the photocopy of said Sheet 7, showing outlined in RED the said land, which photocopy is part of this conveyance and recorded in the State Highway Plat Book; and BEING the same property conveyed to the City of Roanoke, a Virginia municipal corporation, by quitclaim deed dated September 15, 1998 from the Commonwealth of Virginia, acting by and through the Commonwealth Transportation Commissioner, of record in the Clerk's Office of the Circuit Court for the City of Roanoke,Virginia, as Instrument No. 990001065. 12