Loading...
HomeMy WebLinkAboutCouncil Actions 11-19-18ROANOKE CITY COUNCIL REGULAR SESSION NOVEMBER 19, 2018 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order - -Roll Call. Vice -Mayor Cobb was absent. OSBORNE 41315 - 111918 The Invocation was delivered by The Reverend Elizabeth Link, Associate Pastor, Second Presbyterian Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Sherman P. Lea, Sr. Welcome. Mayor Lea. NOTICE: Today's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, November 22 at 7:00 p.m., and Saturday, November 24 at 4:00 p.m.; and video streamed through Facebook Live at facebook.com / /RoanokeVa. Council meetings are offered with closed captioning for the hearing impaired. ANNOUNCEMENTS: The Council of the City of Roanoke is seeking applications for the following current vacancies and /or upcoming expirations of terms of office: Board of Zoning Appeals — one vacancy Three -year term of office ending December 31, 2021 1 Building and Fire Code Board of Appeals — two vacancies Building Representative term of office ending June 30, 2021 Citizen Representative term of office ending June 30, 2021 Access the City's homepage to complete an online application for the abovementioned vacancies. (Council Member Osborne arrived late at 2:06 p.m.) 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: Recognition of the Department of Parks and Recreation. The Mayor recognized Michael Clark, Director, Parks and Recreation, and staff on maintaining its ranking for the third time with elite park and recreation agencies across the country by earning re- accreditation through the Commission for Accreditation of Park and Recreation Agencies (CAPRA) and the National Recreation and Park Association (NRPA); and for receiving the Virginia Recreation and Park Society "Best New Environmental Sustainability Award" for its collaborative work in preserving the historic Sycamore tree in Elmwood Park. 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. Allison Bowersock, 4630 Branderwood Drive, S. W., appeared before the Council to advocate the implementation of the Recess Bill passed by the General Assembly earlier this year. Since the Council does not have jurisdiction regarding School Board matter, Council Member Bestpitch suggested that the matter be addressed by the Roanoke City School Board and School Administration. Brian McConnell, 32 Elm Avenue, S. W., appeared before the Council to recommend proposed inquiry and subsequent dialogue between municipal personnel and Roanoke's citizenry regarding more participatory governance. (See copy of handout on file in the City Clerk's Office.) Meredith MacKenzie, 2444 Oregon Avenue, S. W., appeared before the Council to request support of recess time in Roanoke City Public Schools. Tiffani Reynolds, 2102 Mountain View Terrace, S. W., appeared before the Council to advocate for two 20- minute recess breaks during the school day in the Roanoke City Public School system. Robert Gravely, 3360 Hershberger Road, N. W., once again appeared before the Council. Paul Marrissey, 4902 Grandin Road, S. W., appeared before the Council for support of extending bus service on Route 419 and RADAR service into Roanoke County. 4. CONSENT AGENDA: (APPROVED 6 -0) All matters listed under the Consent Agenda are considered to be routine by the Members of City Council and will be enacted by one motion. There will be no separate discussion of the items. If discussion is desired, the item will be removed from the Consent Agenda and considered separately. C -1 Report of qualification of Fatima Foster as a Law Enforcement representative of the Towing Advisory Board for a three -term of office ending October 31, 2021. RECOMMENDED ACTION: Received and filed. At 2:53 p.m., Mayor Lea declared the Council meeting in recess for a City Council Legislative Committee Meeting scheduled to be held at 3:00 p.m., in the Council Chamber. At 4:22 p.m., the Council meeting reconvened in the Council Chamber, Mayor Lea presiding and all Members of the Council in attendance, with the exception of Vice -Mayor Cobb. REGULAR AGENDA: 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: NONE. 3 7. REPORTS OF CITY OFFICERS AND COMMENTS OF THE CITY MANAGER: a. CITY MANAGER: .,11 • Harm Reduction and Opioid - 30 minutes Addiction Response Received and filed. ITEMS RECOMMENDED FOR ACTION: Authorization of an encroachment permit for South Commonwealth Partners to install stamped concrete in the right -of -way located in front of 25 and 27 Church Avenue, S. E. Adopted Ordinance No. 41315 - 111918. (6 -0) At 6:07 p.m., Mayor Lea relinquished the Chair to former Vice -Mayor Price and left the meeting. 2. Amendment to the City's contract with Andrews Technology. Adopted Resolution No. 41316- 111918. (5 -0, Mayor Lea was not present during the vote.) COMMENTS OF THE CITY MANAGER. Changes in Solid Waste Collection Schedule City offices will be closed for the Thanksgiving Holidays on Thursday and Friday, November 22 and 23. As a result, the following schedule is in effect for Solid Waste Collection this week: • Monday, November 19 and Tuesday, November 20, routes will be collected on Monday. • Wednesday, November 21, routes will be collected on Tuesday. • Thursday, November 22, routes will be collected on Wednesday. The Week of Thanksgiving is B week recycling. There will be no leaf collection this week due to the Thanksgiving Holiday. Leaf collection will resume the week of November 26 and run through the week of December 10. For more information, contact the Solid Waste Division at 853 -2000, Option 1. Dickens of a Christmas This is everyone's favorite holiday event, held on the first three Fridays in December from 6 to 10 p.m. in downtown Roanoke. 4 • Citizens are invited to enjoy favorites like roasted chestnuts, carriage rides, street performers, and more. • Activities will include: • The City of Roanoke Christmas Tree Lighting on Friday, December 7 (starts at 6:15 p.m.). • The City of Roanoke Christmas Parade on Friday, December 14 (starts at 7:30 p.m.). • The Coca Cola Snow Zone and RVSPCA Pet Costume Contest on Friday, December 21 (starts at 6:30 p. m.). • More information is available at www.downtownroanoke.org Elmwood on Ice The rink in Elmwood Park will open the day before Thanksgiving, November 21, and operate through January 2019. • Admission fees are $6.00 to skate, $2.00 for skate rentals, and $3.00 for the ice slide. You can purchase all three (skating, skates, and ice slide) for $10.00. • Hours are posted on the DRI website. The rink will have limited hours on Thanksgiving, Christmas Eve, and New Year's Day; and is closed on Christmas Day. • Visit downtownroanoke.org to learn more about Elmwood on Ice. At 6:10 p.m., Mayor Lea re- entered the meeting; and the Chair relinquished to the Mayor by the former Vice - Mayor. 8. REPORTS OF COMMITTEES: a. A report of the Roanoke City School Board requesting appropriation of funds for various educational programs; and a report of the City Manager recommending that Council concur in the request. Donna Caldwell, Director of Accounting, Spokesperson. Adopted Budget Ordinance No. 41317 - 111918. (6 -0) 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 11. MOTIONS AND MISCELLANEOUS BUSINESS: NONE. 12. RECESSED - 6:12 P. M. THE COUNCIL MEETING WAS DECLARED IN RECESS UNTIL 7:00 P.M., IN THE CITY COUNCIL CHAMBER. 5 ROANOKE CITY COUNCIL REGULAR SESSION NOVEMBER 19, 2018 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order - -Roll Call. Vice -Mayor Cobb was absent. The Invocation was delivered by The Reverend Tim Dayton, Pastor, First Christian Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Sherman P. Lea, Sr. Welcome. Mayor Lea. NOTICE: Tonight's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, November 22 at 7:00 p.m., and Saturday, November 24 at 4:00 p.m.; and video streamed through Facebook Live at facebook.com /RoanokeVa. Council meetings are offered with closed captioning for the hearing impaired. A. PRESENTATIONS AND ACKNOWLEDGEMENTS: Recognition of winners of the 14th Annual Fire Prevention Week Art Contest. The Mayor recognized and presented Certificates of Achievement to the 14th Annual Fire Prevention Week Art Contest winners. Mayor Lea recognized David Winn, the new Fire Marshal for the City of Roanoke. B. PUBLIC HEARINGS: 1. Request of St. Gerard Catholic Church to rezone property located at 804 and 806 Hanover Avenue, N. W., respectively, from RM -1, Residential Mixed Density District, to IN, Institutional District, with a condition. Father Ken Shuping, Spokesperson. Adopted Ordinance No. 41318 - 111918. (6 -0). 2. Proposal of the City of Roanoke to consider the sale of approximately 11.813 acres of City -owned property located at 0, 2839 and 2903 Peters Creek Road, N. W., to CarMax Auto Superstores, Inc., for the purpose of constructing an automobile dealership. Robert S. Cowell, Jr., City Manager. Adopted Ordinance No. 41319 - 111918. (6 -0). 3. Proposal of the City of Roanoke to consider boundary amendments to Enterprise Zone One A and its Subzone B. Robert S. Cowell, Jr., City Manager. Adopted Resolution No. 41320 - 111918. (5 -0, Council Member Garland noting a personal conflict of interest; and left the Council Chamber) At this point, Council Member Garland re- entered the Council Chamber C. 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. The following representatives of the Dumas Legacy, Inc., appeared before the Council regarding the Dumas Hotel property: Cheryl Twine, 2553 Maycrest Street, N. W.; Lee Graves, Jr., 1430 Lafayette Boulevard, N. W.; Jordan Bell, 3303 Christian Avenue, N. E.; Shmura Glenn, 1816 Staunton Avenue, N. W.; and Martin Jeffrey, 421 Fairfax Avenue, N. W. (See copy of Independent Analysis of Dumas Hotel Legacy, Inc., Business Proforma on file in the City Clerk's Office.) 7 Jordan Bell, 3303 Christian Avenue, N. E., appeared before the Council to recommend that the City honor Margaret Roberts, a lifelong City resident and community advocate, as the City Historian of Roanoke. D. ADJOURNED - 8:09 P. M. P CITY OF ROANOKE CITY COUNCIL _ - 215 Church Avenue, S.W. Noel C. Taylor Municipal Building, Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 SHERMAN P. LEA, SR. Fax: (540) 853 -1145 Mayor Email: clerk@roanokeva.gov November 19, 2018 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Lea and Members of Council: Council Members William D. Bestpitch Joseph L. Cobb Michelle L. Dykstra John A. Garland Djuna L. Osborne Anita J. Price This is to advise you that I will not be present at the 2:00 p.m. and 7:00 p.m. sessions of Council on Monday, November 19, 2018; as I'm visiting our sister city Lijiang, Yunnan, China. Best wishes for a successful meeting. Sincerely, Joseph L. obb Vice -Mayor JLC /ctw MOCZ)1717e_1t1 Proposed Inquiry and Subsequent Dialogue Between Municipal Personnel and Roanoke's Citizenry About More Participatory Governance Submitted to Mr. Cowell (Roanoke City Manager) for His Consideration and Response... City Council Meeting of 11/19/2018 Good afternoon Mayor Lea and members of the council. I'm before you once again today in hopes of sufficiently presenting, and thus submitting to Mr. Cowell for response, an issue that's been of unfolding concern for me over an extended period but involving what I publicly termed a "Crisis in Leadership" more than 10 years ago. My focus at the moment however, relates specifically to the efficacy of, and relationship between, our local citizenry and yourselves as their elected representatives in your bearing of relational responsibility for our city's governance. Consequently, but in my view, the underlying ground from which these issues appear to stem and persistently manifest themselves, entail inconsistencies reflected by three underlying questions: 1) 'How' or 'why' do our deepest, most well- coordinated efforts all too typically fail to generate even acceptable, let alone desirable, outcomes? also, 2) 'Why' do so many projects that are expressly envisioned to meet and serve the community's mutual best interests inevitably prove unsustainable? and finally, 3) 'How' or 'why' are community members so readily subjected to "us" versus "them" scenarios surrounding this same prospect of change? As some of you are likely to remember from my (last) prepared statement to city council on March 19th of this year however, a point just prior to my beginning Roanoke's Leadership College and the city council elections of early May; I'd recounted my personal experience dating back to "early 2010" around aspirations of participating in the city's "creative connectors" program. I also shared how now, Vice Mayor Joe Cobb had successfully interceded in coalescing a meeting between he, myself, and representatives from Roanoke's department of economic development to discuss community relations surrounding pop- economist Richard Florida's, "Creative Class" project. Fast - forward almost nine years to our current era however, where global humanity as a whole commands greater technological capacities for both productivity and communication than it ever has, and yet, vast sectors of our region's citizenry are quite literally steeped in socioeconomic disparities both negatively impacting, and further marginalizing their dignity, health, and well- being, in translation to; 1) the distribution of wealth and income; 2) a prevalence of drug and alcohol abuse; 3) an institutional feeding of school -to- prison pipelines; and 4) the Commonwealth's administrative imposition and operational management of systems which economically exploit imprisoned populations. Yet, and as a Carilion administrator recently commented in a community forum addressing the abuse of opioids, "These aren't 'bad' people trying to become 'good', but rather 'sick' people attempting to get 'well'. I'd subsequently challenge that view and contend to the contrary, "These aren't necessarily 'sick' people trying to get 'well', but rather the marginalized 'poor' attempting to 'cope' with, or otherwise 'survive', their life's station and socioeconomic actualities. Along these same lines then, but by way of framing an immediate example of what I'm talking about, I'd subsequently pose as a referral, the case of Happy Healthy Cooks in respect to both council members Bestpitch and Cobb's respective background in their civic service with that particular nonprofit. For those who aren't otherwise aware, Happy Healthy Cooks for six years or more had afforded second grade students on local campuses a high - quality, whole -foods curriculum and hands - on instruction with classroom volunteers in the preparation of a family's meal. Likewise too, but in the first quarter of 2015 I published an online article entitled, "Kids Above Profits! — Alternatives to "Outsourcing" Our Future ?" calling into question practical concerns surrounding the extraction by a for - profit foreign national corporation of local tax dollars (drawing from the 40% of overall revenue contributed by the city to the funding of its schools) and a subsequent outsourcing of its food services, which in turn, generally sacrifices the nutritional quality of our student's meals for the sake of political and monetary convenience. In conclusion then, and beginning with a reevaluation of its "Comprehensive Plan" to include indices affording quantitative measures for the health and well -being of our populace, I'd like to propose the initiation of an inquiry, and subsequent dialogue, between municipal personnel and members of the local community about taking practical steps to shape more participatory engagement with, and approaches to, Roanoke's city governance. STEPHANIE M. MOON REYNOLDS, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerkCi>)roanokeva.gov November 26, 2018 CECELIA F. MCCOV Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk Jeffrey A. Robertson, Chair Towing Advisory Board 336 Bowman Street Vinton, Virginia 24179 Dear Mr. Robertson: This is to advise you that Fatima Foster has qualified as a Law Enforcement representative of the Towing Advisory Board for a three -term of office ending October 31, 2021. Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Fatima Foster, 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 Law Enforcement representative of the Towing Advisory Board for a three -year term of office ending October 31, 2021, according to the best of my ability. (So help me God.) FATIMA FOSTER The foregoing oath of office was taken, sworn to, and subscribed before me by Fatima Foster this � day of 6Ao�4_.2018. Brenda S. Hamilton, of • ByVdJ--), / / / /I /L_,_ / /�� Clerk STEPHANIE M. MOON REYNOLDS, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 F, -mail: elerk(inroanokeva.gov November 20, 2018 Paul C. Aughtry, III South Commonwealth Partners, LLC 40 West Broad Street Suite 500 Greenville, South Carolina 29601 Dear Mr. Aughtry: CECEL.IA F. MCCOY Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk I am enclosing two attested copies of Ordinance No. 41315 - 111918 allowing an encroachment into the public right of way, at the request of South Commonwealth Partners, LLC ( "Owner "), the owner of certain parcels of real estate located at 25 Church Avenue, S. E., Roanoke, Virginia, known as Roanoke Official Tax Map Nos. 4015004, 4015006, 4015007, and 4015008 (collectively "Property "), for the placement and construction of a stamped, concrete design, on and within a portion of the public right of way located along Church Avenue, S. E., and adjacent to the Property, for the purpose of advertising Owner's business, which portion, in the aggregate, encompasses approximately 589 square feet of the public right of way, subject to revocation by the City; upon certain terms and conditions. Furthermore, Paragraph 4 states its grantees, assignees or successors in interest and or title, shall, for the duration of this permit, maintain on file with the Office of the City Clerk for the City of Roanoke, Virginia, evidence of insurance coverage in an amount not less than $1,000,000.00 of general liability insurance. The certificate of insurance shall list the City of Roanoke, its officers, agents, and employees as additional insureds, and an endorsement by the insurance company naming these parties as additional insureds must be received within thirty (30) days of adoption of this Ordinance by City Council. Owner shall immediately notify in writing the City of any changes, modifications, and /or termination of any insurance coverages and /or policies required by this Ordinance. Paul C. Aughtry, III South Commonwealth Partners, LLC November 20, 2018 Page 2 Lastly, Paragraph 6 states that Ordinance No. 41315- 111918 shall be in full force and effect at such time as a copy of this Ordinance, together with Exhibits A- D described above, have been admitted to record, in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, and shall remain in effect, unless otherwise revoked by the City, only so long as a valid, current certificate evidencing the insurance required in Paragraph 4 above is on file in the Office of the City Clerk for the City of Roanoke. In the event this Ordinance is not signed by Owner and recorded in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, within ninety (90) days of adoption by City Council, this Ordinance shall terminate, and be of no further force and effect. The abovementioned Ordinance was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, November 19, 2018, and is in full force and effect upon passage. Sinc ely, 6 #Stee`p6M�ieMMM0on City Clerk Enclosure c: The Honorable Brenda Hamilton, Clerk of Circuit Court Daniel J Callaghan, City Attorney R. Brian Townsend, Assistant City Manager for Community Development David Collins, Assistant City Attorney Robert Ledger, Manager, Economic Development C-3 r M M PG0059 FE -1 l9 PUBLIC RMIrr OF WAY I.0CA'r1: D ADJACrbr To ROANOKt OFFICIAL TAX MAP NOS: 4015061, 4015006.4015007iwd d01500R IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of November, 2018. No. 41315 - 111918. AN ORDINANCE allowing an encroachment into the public right of way, at the request of South Commonwealth Partners, LLC ( "Owner"), the owner ofcertain parcels of real estate located at 25 Church Avenue, S.E., Roanoke, Virginia, known as Roanoke Official Tax Map Nos. 4015004, 4015006, 4015007, and 4015008 (collectively "Property "), for the placement and construction of a stamped, concrete design, on and within a portion of the public right of way located along Church Avenue, S.E., and adjacent to the Property, for the purpose of advertising Owner's business, which portion, in the aggregate, encompasses approximately 589 square feet of the public right of way, subject to revocation by the City; upon certain terns and conditions; and dispensing with the second reading of this Ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Authorization is hereby granted by the City of Roanoke ( "City ") pursuant to Section 15.2 -2009 of the Code of Virginia (1950) as amended, to allow the placement and encroachment by Owner of a stamped, concrete design, includi ng any equipment necessary to maintain the stamped, concrete design (e.g. control and expansion joints) (collectively "Encroachment "), to be placed on and within a certain portion of the public right of way adjacent to the Property, along Church Avenue, S.E., such portion of the right of way comprising in the aggregate, approximately 589 square feet, as more particularly set forth and described in the City Council Agenda Report. dated November 19, 2018, on file in the Roanoke City Clerk's Office, and the attachments to the Report, PG00b0 FE -1 l9 which Report and attachments are incorporated into and made a part of this Ordinance. The Encroachment is further identified and described as follows: An encroachment into the public right of way adjacent to Church Ave., S.E., and Roanoke Official Tax Map Nos. 4015004, 4015006, 4015007, and 4015009, consisting of approximately 599 square feet, more or less, shown as the highlighted area on the photograph attached to this Ordinance as Exhibit A, which is incorporated herein by reference. Z. Owner agrees that the Encroachment shall be in substantial conformity with the design attached to this Ordinance as Exhibit S, which is incorporated herein by reference. The concrete used for such design shall be made of the materials attached to this Ordinance as Exhibit C, which is incorporated herein by reference, and shall be covered with an anti -slip material as described in Exhibit D, which is attached to this Ordinance and incorporated herein by reference. The Owner agrees that no changes may be made to the Encroachment, including the design of the shape, size, or design of the Encroachment, unless agreed to in writing by the City Manager for the City of Roanoke. 3. Owner agrees that it shall construct, repair, and maintain the Encroachment in a good and workmanlike manner and in accordance with the terms stated herein. Owner agrees that the authorization for the Encroachment is revocable at any time by the City, for any reason, in whole or in part, in the sole discretion of the City Manager for the City, and that City may require the removal of the Encroachment if necessary in the interests of public safety, or for any other reason determined by the City in the City's sole discretion. Any such removal, whether voluntarily by Owner or at the demand of City, shall be at the sole cost and expense of Owner. Owner and its grantees, assignees, and successors in interest and title agree to indemnify, hold harmless, and defend the City, its PG00b I FE -119 officers, agents, and employees from any and all claims for injuries or damages to persons or property, including attorney's fees, that may arise, directly or indirectly, by reason of the above - described Encroachment, and the construction, repair, replacement, maintenance, or removal of the same. Owner further agrees that it shall repair, restore, and replace any damage to the public right of way, including, but not limited to, all pavement, sidewalks, and public improvements, caused in whole or part by the placement or removal of the Encroachment, at Owner's sole cost and expense. Owner agrees that Owner shall be solely responsible for all costs and expenses related to the removal, relocation, maintenance, reconstruction, or repair of the Encroachment, including the removal, relocation, maintenance, reconstruction, or repair of any structures or improvements constructed on the Property that may be required or deemed necessary as a result of the removal, relocation, maintenance, reconstruction, or repair of the Encroachment. The Owner discharges and releases the City from any and all obligations the City may have to maintain or repair the public right of way on which the Encroachment is located. 4. Owner, its grantees, assignees or successors in interest and or title, shall, for the duration of this permit, maintain on file with the Office of the City Clerk for the City of Roanoke, Virginia, evidence of insurance coverage in an amount not less than $1,000,000 of general liability insurance. The certificate of insurance shall list the City of Roanoke, its officers, agents, and employees as additional insureds, and an endorsement by the insurance company naming these parties as additional insureds must be received within thirty (30) days of adoption of this Ordinance by City Council. Owner shall immediately notify in writing the City of any changes, modifications, and/or termination of any insurance coverages and/or policies required by this Ordinance. PG00b2 FE -1 l4 5. The City Clerk shall transmit an attested copy of this Ordinance to Owner at the following address: South Commonwealth Partners, LLC, 40 West Broad Street, Suite 500, Greenville, SC 29601, 6. This Ordinance shall be in full force and effect at such time as a copy of (his Ordinance, together with Exhibits A- D described above, have been admitted to record, in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, and shall remain in effect, unless otherwise revoked by the City, only so long as a valid, current certificate evidencing the insurance required in Paragraph 4 above is on file in the Office of the City Clerk for the City of Roanoke. In the event this Ordinance is not signed by Owner and recorded in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, within ninety (90) days of adoption by City Council, this Ordinance shall terminate, and be of no further force and effect. 7. Owner shall not commence placement and installation of the Encroachment, unless and until (i) a copy of this Ordinance, are recorded in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, in accordance with this Ordinance; and (ii) Owner satisfies the insurance requirements of this Ordinance. 8. Tfmc is of the essence with respect to all terms and conditions required by this Ordinance. 9. The terms, conditions, and obligations contained in this permit shall constitute a covenant mmning with the land, and are made expressly binding on Owner's grantees, assignees, and successors in interest, and or title, unless and until the Encroachment is removed, or the authorization for the Encroachment is revoked by City Council. 4 PG Q Ab 3 FE -1 iq 10. Pursuant to Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. A [s5'I': City Cletfc. The undersigned, South Commonwealth Partners, LLC, a Virginia limited liability company, acknowledges that it has read and understands the terms and conditions stated in this Ordinance, and agrees to comply with those terms and conditions. SOUTH COMMONWEALTH PARTNERS, LLC, a Virginia limited liability corporation. BY.d'(%�", Printed Name: allIu5 —T✓ Title: Tmle-, _ f na aei 8'TA'C E OF SOUTH CAIaDLI HA ) To-wit: CITYiCOUNTY Or t:aEw-w ji • = ) 1, a Notary Public in and for the State and City aforemid, do certify that the foregoing instrument was acknowledged before me this _anum day of -arm m!ij.2mp by Chsrlgs % pa"mrltr. the Managing ManberofSouth Commonwealth Partners, LLC, for and on behalf of South Commonwealth Partners, LLC. My Commission expires: os e,91a 2Z• Notary Public —6h Registration No. zaN L. bey 'nA Commission Exptns 03/0!/2027 r;. PUBLIC RIGHT OF WAY LOCATED ADJACENT TO ROANOKE OFFICIAL TAX MAP NOS: 4015004, 4015006, 4015007 and 4015008. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of November, 2018. No. 41315 - 111918. AN ORDINANCE allowing an encroachment into the public right of way, at the request of South Commonwealth Partners, LLC ( "Owner "), the owner of certain parcels of real estate located at 25 Church Avenue, S.E., Roanoke, Virginia, known as Roanoke Official Tax Map Nos. 4015004, 4015006, 4015007, and 4015008 (collectively "Property "), for the placement and construction of a stamped, concrete design, on and within a portion of the public right of way located along Church Avenue, S.E., and adjacent to the Property, for the purpose of advertising Owner's business, which portion, in the aggregate, encompasses approximately 589 square feet of the public right of way, subject to revocation by the City; upon certain terms and conditions; and dispensing with the second reading of this Ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: Authorization is hereby granted by the City of Roanoke ( "City ") pursuant to Section 15.2 -2009 of the Code of Virginia (1950) as amended, to allow the placement and encroachment by Owner of a stamped, concrete design, including any equipment necessary to maintain the stamped, concrete design (e.g. control and expansion joints) (collectively "Encroachment "), to be placed on and within a certain portion of the public right of way adjacent to the Property, along Church Avenue, S.E., such portion of the right of way comprising in the aggregate, approximately 589 square feet, as more particularly set forth and described in the City Council Agenda Report dated November 19, 2018, on file in the Roanoke City Clerk's Office, and the attachments to the Report, which Report and attachments are incorporated into and made a part of this Ordinance. The Encroachment is further identified and described as follows: An encroachment into the public right of way adjacent to Church Ave., S.E., and Roanoke Official Tax Map Nos. 4015004, 4015006, 4015007, and 4015008, consisting of approximately 589 square feet, more or less, shown as the highlighted area on the photograph attached to this Ordinance as Exhibit A, which is incorporated herein by reference. 2. Owner agrees that the Encroachment shall be in substantial conformity with the design attached to this Ordinance as Exhibit B, which is incorporated herein by reference. The concrete used for such design shall be made of the materials attached to this Ordinance as Exhibit C, which is incorporated herein by reference, and shall be covered with an anti -slip material as described in Exhibit D, which is attached to this Ordinance and incorporated herein by reference. The Owner agrees that no changes may be made to the Encroachment, including the design of the shape, size, or design of the Encroachment, unless agreed to in writing by the City Manager for the City of Roanoke. 3. Owner agrees that it shall construct, repair, and maintain the Encroachment in a good and workmanlike manner and in accordance with the terms stated herein. Owner agrees that the authorization for the Encroachment is revocable at any time by the City, for any reason, in whole or in part, in the sole discretion of the City Manager for the City, and that City may require the removal of the Encroachment if necessary in the interests of public safety, or for any other reason determined by the City in the City's sole discretion. Any such removal, whether voluntarily by Owner or at the demand of City, shall be at the sole cost and expense of Owner. Owner and its grantees, assignees, and successors in interest and title agree to indemnify, hold harmless, and defend the City, its P) officers, agents, and employees from any and all claims for injuries or damages to persons or property, including attorney's fees, that may arise, directly or indirectly, by reason of the above- described Encroachment, and the construction, repair, replacement, maintenance, or removal of the same. Owner further agrees that it shall repair, restore, and replace any damage to the public right of way, including, but not limited to, all pavement, sidewalks, and public improvements, caused in whole or part by the placement or removal of the Encroachment, at Owner's sole cost and expense. Owner agrees that Owner shall be solely responsible for all costs and expenses related to the removal, relocation, maintenance, reconstruction, or repair of the Encroachment, including the removal, relocation, maintenance, reconstruction, or repair of any structures or improvements constructed on the Property that may be required or deemed necessary as a result of the removal, relocation, maintenance, reconstruction, or repair of the Encroachment. The Owner discharges and releases the City from any and all obligations the City may have to maintain or repair the public right of way on which the Encroachment is located. 4. Owner, its grantees, assignees or successors in interest and or title, shall, for the duration of this permit, maintain on file with the Office of the City Clerk for the City of Roanoke, Virginia, evidence of insurance coverage in an amount not less than $1,000,000 of general liability insurance. The certificate of insurance shall list the City of Roanoke, its officers, agents, and employees as additional insureds, and an endorsement by the insurance company naming these parties as additional insureds must be received within thirty (30) days of adoption of this Ordinance by City Council. Owner shall immediately notify in writing the City of any changes, modifications, and /or termination of any insurance coverages and /or policies required by this Ordinance. I 5. The City Clerk shall transmit an attested copy of this Ordinance to Owner at the following address: South Commonwealth Partners, LLC, 40 West Broad Street, Suite 500, Greenville, SC 29601. 6. This Ordinance shall be in full force and effect at such time as a copy of this Ordinance, together with Exhibits A- D described above, have been admitted to record, in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, and shall remain in effect, unless otherwise revoked by the City, only so long as a valid, current certificate evidencing the insurance required in Paragraph 4 above is on file in the Office of the City Clerk for the City of Roanoke. In the event this Ordinance is not signed by Owner and recorded in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, within ninety (90) days of adoption by City Council, this Ordinance shall terminate, and be of no further force and effect. 7. Owner shall not commence placement and installation of the Encroachment, unless and until (i) a copy of this Ordinance, are recorded in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, in accordance with this Ordinance; and (ii) Owner satisfies the insurance requirements of this Ordinance. 8. Time is of the essence with respect to all terms and conditions required by this Ordinance. 9. The terms, conditions, and obligations contained in this permit shall constitute a covenant running with the land, and are made expressly binding on Owner's grantees, assignees, and successors in interest, and or title, unless and until the Encroachment is removed, or the authorization for the Encroachment is revoked by City Council. 4 10. Pursuant to Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: 0 ,-0' City Clerk. The undersigned, South Commonwealth Partners, LLC, a Virginia limited liability company, acknowledges that it has read and understands the terms and conditions stated in this Ordinance, and agrees to comply with those terms and conditions. SOUTH COMMONWEALTH PARTNERS, LLC, a Virginia limited liability corporation. I: Printed Name: Title: COMMONWEALTH OF VIRGINIA To -wit: CITY /COUNTY OF I, a Notary Public in and for the State and City aforesaid, do certify that the foregoing instrument was acknowledged before me this day of , by the Managing Member of South Commonwealth Partners, LLC, for and on behalf of South Commonwealth Partners, LLC. My Commission expires: Notary Public Registration No. 5 e EXHIBIT k. 4100 "^±'" 11 BASE COLOR: U34 BRICK RED RELEASE COLOR: R13 DEEP CHARCOAL BASE COLOR: U31 WEATHERED TERRA COTTA RELEASE COLOR: R14 WALNUT BASE COLOR: U34 BRICK RED RELEASE COLOR: R12 STORM GRAY BASE COLOR:. U37 SIENNA RELEASE COLOR: R13 DEEP CHARCOAL BASE COLOR: U34 BRICK RED RELEASE COLOR: R14 WALNUT BRICK PATTERNS 28 EXHIBIT C P"Z6,Warce, T1000' Stampable Overlay BUTTERFIELD Technical Data Sheet T1000 03 COLOR tit licable and current product 625 W Illinois Ave FOR PROFESSIONAL USE ONLY. Read _�_Ila`�P information for your project: Technical Data Sheet (TDS), Color Chart, Installation Aurora, IL 60506 Guide, Material Safety Data Sheet (MSDS). All information is available for download Phone: 800- 282 -3388 online at www.butterfioldcolor.com and at point of purchase Fax: 630 -906 -1982 Masterformat- Guide Specifications, and Butterfield Color' Architectural Details and www.b(itterfieldcolor.com Specifications are available for the specifieridesigner. All information is available for download online at www.butterfieldcolor.com and at point of purchase. W $ LA G ti "Jim RAI m_Jo aWJ JLLQ U W w� m 1. Description: T1000' Stampable Over- lay is a polymer modified cementitious topping formulated for resurfacing struc- turally sound, non - moving concrete floors and exterior hardscapes. The overlay pro- vides a durable surface suitable for stamp- ing with Butterfield Color"I Stamping Tools or textured with Butterfield Color® Texture Rollers. The cured product creates an abrasion resistant surface suitable for pedestrian and automobile traffic. It is an ideal system for restoring wom or color - blemished concrete, out of level surfaces or correcting construction errors. Prop- erly applied to clean and sound concrete, T1000" Stampable Overlay is freeze /thaw resistant. 21-day compressive strength is 5250 psi (36.2 MPa). T1000" Stampable Overlay is a precise blend of graded sand, cement, and poly- mer, which allow for thin applications. It is a pre - packaged material that is mixed on the job site with clean water and can be stamped textured or roller textured. Appli- cation thickness ranges from 1/8 inch (3 mm) to a maximum of 1/2 inch (13 mm). T1000' Stampable Overlay is packaged in medium gray or white colors. Those base colors may be colored with a Uni -Mie Color Pads. 24 colors are available. Refer to the Uni -MiXO Integral Colorant color chart for available colors. Colors are formulated for use with T1000'° Stampable Overlay me- dium gray unless noted otherwise. Custom colors and colors selected from the Perma- Cast® Shake -on Color Hardener color chart can be formulated with ample lead -time. Note: When T1000° Stampable Overlay is mixed with a Uni -MixO Color Pack, the cured color will not be an exact match to concrete colored with integral color or color hardener. T1000- Stampable Overlay me- dium gray, white or colored materials may be stained by applying Elements" Trans- parent Stain or Perma -Cast" Sierra Stain ". Read the Elements- Transparent Stain or Perma -Cast" Sierra Stain' Technical Data Sheet before installing product. All infor- mation is available for download online at www.butterfieldcolor.com and at point of purchase. Perma- Cast' Sierra Stain" Note: A dilution rate of 3 parts water to 1 part Perma -Cast* Sierra Stain' is recom- mended when using with T1000" Stam- pable Overlay, 2, Limitations: T1000" Stampable Over- lay is formulated for use over thoroughly clean, structurally sound, and non- moving concrete. Surface preparation is required. New concrete must be fully cured before applying the product. Maximum applied thickness is 1/2" (13 mm) in a single ap- plication. Do not install product if ambient and substrate temperatures are not be- tween 45 °F (7 °C) and 85 °F (30 °C), unless site conditions can be modified to correct for temperature extremes. T1000" Stampable Overlay should not be installed in areas subject to steel wheel traffic, strong chemicals. periodic water immersion, or hydrostatic pressure. The cured overlay surface should be seated for ease of cleaning, particularly on interi- or floors. Extend existing substrate control joints up through the overlay to minimize random cracks in the overlay. Random cracks in the existing substrate may trans- fer through the cured overlay even if they are repaired prior to application. 3. Packaging: T1000" Stampable Over- lay is available in 55 lb. (25 kg) bags. Uni - Mix"' Color Pack weights vary from 0.5 lb,- 1.25 lb. (0.23 kg -0.57 kg), depending on the color selected. Colors are formulated for use with T1000" Stampable Overlay medium gray unless noted otherwise. 3.1 SHELF LiFE: 2 years in original, un- opened containers in dry storage. 4. Coverage: The coverage rates of one 55 lb. (25 kg) unit of T1000" Stampable Overlay are approximately. 24 sq. ft. at 1/4" thick (2.2 m2 at 6 mm thick) 16 sq. ft. at 3/8" thick (1.5 m' at 9 mm thick) 12 sq. ft. at 1/2" thick (1.1 mZ at 13 mm thick) Coverage will vary depending on the depth of installation substrate texture, and method of application and finish- ing. When imprinting T1000' Stampable Overlay with Butterfield Colorx Stamping Tools, the overlay should be applied at a thickness equal to the depth of the mortar joint that will be imprinted with the stamp- ing tool. Material applications that are too thin or too thick may not allow for the ac- curate transfer of pattern and texture into the overlay product. 5. Substrate Preparation: Remove all potential bond breakers such as grease, oil, paints, sealants, drywall taping com- pound, mastics and other contaminants on the surface. New concrete must be fully cured and free from curing and seal- ing compounds, laitance, or dusting. Slick, hard - troweled floors must be opened and roughened. Random cracks must be re- paired, but may still transfer through the cured overlay. Surface preparation may include high - pressure washing, grinding, scarifying, shot blasting, or sandblasting, depending on the type of residue being removed and surface profile required. Refer to the Inter- national Concrete Repair Institute Guide- line #03732 for information on achieving a Concrete Surface Profile (CSP) of 3 -5. Failure to remove all contamination that impedes the adhesion of T1000° Stam- pable Overlay will cause the topping to de- laminate. Detergents or soaps should not be used since they may leave a surface residue. Do not acid etch as it may weaken the surface. Unsound concrete must be re- moved down to sound concrete. 6. Priming: Shake or mix well before use. Mix 1 1 with water. Apply an even coat of Butterfield Color° T1000- Primer to the prepared substrate using a paint roller or bristled brush. Do not apply primer over damp concrete. Coverage is approximate- ly 200 sq. ft. per gallon (4.9 m2 /L). Take care to protect adjacent surfaces from overspray or splash. Once the application of T1000- Primer has dried tack free, in- stallation may proceed. Note: If the initial application of primer contains bubbles or pinholes, a second application of primer is required before installing T1000- Stam- pable Overlay. Additionally rough or very porous concrete substrates may also require a second application of primer. Read the Butterfield Color® T1000° Prim- er Technical Data Sheet before applying. All information is available for download online at www.butterfieidcolor com and at point of purchase. T1000" Stampable Overlay may be ap- plied as much as 24 hours after appli- cation of the primer. Do not expose the primed surface to moisture or contamina- tion. After 24 hours or if the primed surface m m M n'A rmk. o R n t Tto W z1 "' E ,r. I,. Uni -Mix, Perma - Cast, Select Grade, Sierra Stain, Elements, Clear Guard, Color Guard, PRO 350, T1000.. Micro -Gem, MT Resurfacer, Cantera, SurfEtch, Delaminator. CHO, Flat Out, Perma-iique, and Pro Pack are trademarks of Butterfield Color, Inc. 2014 Butterfield Color, inc. MasterFormat is a registered trademark of The Construction Specifications institute - CSI All rights reserved. Made in USA er Technical Data Sheet before installing product. All information is available for W download online at www.butterfieldcolor. W W com and at point of purchase. 0 Z Z — O Z u. MOM M 01 u n sWJ ILL O 1¢U W WD M 7. Mixing: Prior to mixing, store all ma- terials in a shaded or cool environment. Chilling the water is advisable during hot weather. Mix and install when ambi- ent temperatures are between 45 °F -85 °F (7 °C- 30 °C). Use 3.7 -4.0 quarts potable water per 55 lb. (3.5 -3.8 L/25 kg) bag of Butterfield Color® T1000- Stampable Overlay. When temperature or humidity affect water demand, make small adjust- ments to the amount of mixing water as needed to achieve proper working consis- tency. Do not over water. Measure the wa- ter accurately and consistently from batch to batch. Always add water to the contain- er first. Then, if color is to be used, add the Uni -Mix' Color Pack while mixing, using a 600 rpm drill and a paddle or mortar mixer, followed by the Butterfield Color' T1000'" Stampable Overlay. Continue to mix for a minimum of 3 minutes until a smooth, uni- form, lump -free consistency and a streak - free color has been achieved. If mixture loses its plasticity, do not retemper with water or add previously mixed material to new batches. 8. Installation: Mark the location of all working joints in the concrete substrate, in order to saw cut joints through the over- lay exactly over those existing joints. The overlay joints must be full depth and as wide as the existing substrate joints. All repair and patching compounds must be fully cured before applying T1000'" Stampable Overlay and T1000- Primer. Maximum applied thickness is 1/2 inch (13 mm) in a single application. Note: When repair and patching compounds are used, creating a test area using the patch com- pounds with T1000'" Stampable Overlay is recommended to ensure a similar absorb - tion rate is achieved, otherwise ghosting may occur. For thicker applications, allow material to dry for 8 hours after placement at 70 °F (21 °C), and then apply a second layer. Place additional layers in the same manner. Do not apply T1000' Stampable Overlay over standing or visible moisture on the primed surface. 8.1. TROWEL APPLICATION: Once ma- terial is thoroughly mixed, immediately pour T1000- Stampable Overlay from the mixing pail onto the concrete surface. A pool trowel or fresno may be used to distribute the product. Similarly, a gauge rake can be used to distribute the overlay to a specific and consistent depth before lightly finishing with a pool trowel. This is particularly important when the T1000' Stampable Overlay will be stamped with Butterfield Color® Stamping Tools or tex- tured with Butterfield Color® Texture Roll- ers. Keep tools free of build up by cleaning frequently with water before the T1000'" Stampable Overlay dries completely. Ap- ply material at a consistent thickness to minimize random shrinkage cracking. Do not overwork the surface with the pool trowel. Do not hard trowel T1000' Stam- pable Overlay. Finishing time will vary with temperature, wind, humidity, use of a primer or an evaporation retarder. Do not mix or apply more material than can be handled effectively for the installation. If the surface finish of the overlay is not satisfactory, scrape and remove the prob- lem area before it starts to dry and then reapply the overlay. Note: The reapplied material may be visually different from the surrounding surface. 8.2. STAMPING OR TEXTURING: Place or distribute freshly mixed T1000'" Stam- pable Overlay material by pool trowel or gauge rake over properly prepared con- crete substrate. A gauge rake is strongly recommended in order to achieve a con- sistent depth to receive the pattern and texture. Imprinting time will vary widely depending on temperature, humidity and overlay thickness. Begin stamping as soon as mixture has set sufficiently to achieve a clean impression, usually 20 to 60 minutes after placement. Apply Butterfield Color® Clear Liquid Release to the area prior to placing stamps or using texture rollers. Existing control joints should be mapped out prior to placement of the T1000" Stam- pable Overlay and re -cut before cracking occurs. Protect T1000- Stampable Over- lay from rain for 24 hours after placement. Read the Butterfield Color® Clear Liquid Release Technical Data Sheet before in- stalling product. All information is available affect the final color of T1000'" Stampable Overlay. Verify curing method and timing with a mock -up. Once the curing method has been determined, utilize consistently throughout the installation. Curing time varies with ambient and substrate temper- atures, and humidity. The surface can be walked on gently approximately 4 hours after placement at 70 °F (21'C). Cure for a minimum of 96 hours before opening the surface to automobile traffic. A full 28 -day cure is required before heavy traffic or ex- posure to freeze /thaw cycling. Control joints are required. Saw cutting of control joints directly over the existing con- trol joints in the concrete substrate should be completed within 14 hours after installa- tion, once the surface has gained adequate strength so as not be damaged by the saw cutting process. Cool ambient and surface temperatures may delay sawing. 10. Antiquing: Perma- Tique- Antiquing Agent may be used to add a secondary coloring effect to the T1000- Stampable Overlay. Once the T1000'" Stampable Overlay has cured for a minimum of 24 hours and can withstand foot traffic without marring the surface, the surface should be cleaned to remove any contaminants and residue from the stamping process. Note: A test area should be cleaned to ensure no damage is caused by the cleaning process before proceeding to clean the entire area. Once finished with cleaning the surface, the application of Perma- TiqueT' Antiquing Agent may begin. Read the Technical Data Sheet on Perma- Tique' Antiquing Agent prior to in- stallation. All information is available for download online at www.butterfieldcolor. com and at point of purchase. Once dry, the Perma- Tique'" Antiquing Agent should be sealed to lock it in. 11. Staining: For natural appearing color variations, T1000- Stampable Overlay can be colored with Elements' Transpar- ent Concrete Stain or Perma - Cast' Sierra Stain'". The stain may be applied to a stamped or textured surface. The T1000'" Stampable Overlay should be fully cured, clean, and dry before applying stain. Do not apply Elements'" Transparent Con- crete Stain or Perma -Cast® Sierra Stain' m c� M 0Mo 0 -n rma Ori, Ma— M1 ui u �C W 0 z o M A U) I M Manufacturing a complete line of Page 2 of 3 800 -282 -3388 Decorative Concrete Products 11151 www.butterfieldcolor.com E�iaee�eci Cvac�ete Pe��v�Ara7ce T1000TM Stampable Overlay BUTTERFIELD Technical Data Sheet T1000 03 COLOR is exposed to moisture or becomes dirty, Always maintain a wet edge during ap- for download online at www.butterfieldcol- the primer must be reapplied. Note: On plication. Terminate pours at existing joint or.com and at point of purchase. stamping or texturing jobs, when installa- lines, walls or other fixed objects. If a pour tion is to be made in multiple pours over is terminated in the center of the floor or 9. Curing: T1000' Stampable Overlay is a common concrete substrate area, care at a doorway between rooms for example, self- curing. However, during hot weather must be taken to protect the prepared delineate the stopping point with a bulk- or windy conditions polyethylene sheets and primed concrete from contamination. head form. may be used to minimize plastic shrink - Read the Butterfield Color® T1000'" Prim- age cracking. The method of curing may er Technical Data Sheet before installing product. All information is available for W download online at www.butterfieldcolor. W W com and at point of purchase. 0 Z Z — O Z u. MOM M 01 u n sWJ ILL O 1¢U W WD M 7. Mixing: Prior to mixing, store all ma- terials in a shaded or cool environment. Chilling the water is advisable during hot weather. Mix and install when ambi- ent temperatures are between 45 °F -85 °F (7 °C- 30 °C). Use 3.7 -4.0 quarts potable water per 55 lb. (3.5 -3.8 L/25 kg) bag of Butterfield Color® T1000- Stampable Overlay. When temperature or humidity affect water demand, make small adjust- ments to the amount of mixing water as needed to achieve proper working consis- tency. Do not over water. Measure the wa- ter accurately and consistently from batch to batch. Always add water to the contain- er first. Then, if color is to be used, add the Uni -Mix' Color Pack while mixing, using a 600 rpm drill and a paddle or mortar mixer, followed by the Butterfield Color' T1000'" Stampable Overlay. Continue to mix for a minimum of 3 minutes until a smooth, uni- form, lump -free consistency and a streak - free color has been achieved. If mixture loses its plasticity, do not retemper with water or add previously mixed material to new batches. 8. Installation: Mark the location of all working joints in the concrete substrate, in order to saw cut joints through the over- lay exactly over those existing joints. The overlay joints must be full depth and as wide as the existing substrate joints. All repair and patching compounds must be fully cured before applying T1000'" Stampable Overlay and T1000- Primer. Maximum applied thickness is 1/2 inch (13 mm) in a single application. Note: When repair and patching compounds are used, creating a test area using the patch com- pounds with T1000'" Stampable Overlay is recommended to ensure a similar absorb - tion rate is achieved, otherwise ghosting may occur. For thicker applications, allow material to dry for 8 hours after placement at 70 °F (21 °C), and then apply a second layer. Place additional layers in the same manner. Do not apply T1000' Stampable Overlay over standing or visible moisture on the primed surface. 8.1. TROWEL APPLICATION: Once ma- terial is thoroughly mixed, immediately pour T1000- Stampable Overlay from the mixing pail onto the concrete surface. A pool trowel or fresno may be used to distribute the product. Similarly, a gauge rake can be used to distribute the overlay to a specific and consistent depth before lightly finishing with a pool trowel. This is particularly important when the T1000' Stampable Overlay will be stamped with Butterfield Color® Stamping Tools or tex- tured with Butterfield Color® Texture Roll- ers. Keep tools free of build up by cleaning frequently with water before the T1000'" Stampable Overlay dries completely. Ap- ply material at a consistent thickness to minimize random shrinkage cracking. Do not overwork the surface with the pool trowel. Do not hard trowel T1000' Stam- pable Overlay. Finishing time will vary with temperature, wind, humidity, use of a primer or an evaporation retarder. Do not mix or apply more material than can be handled effectively for the installation. If the surface finish of the overlay is not satisfactory, scrape and remove the prob- lem area before it starts to dry and then reapply the overlay. Note: The reapplied material may be visually different from the surrounding surface. 8.2. STAMPING OR TEXTURING: Place or distribute freshly mixed T1000'" Stam- pable Overlay material by pool trowel or gauge rake over properly prepared con- crete substrate. A gauge rake is strongly recommended in order to achieve a con- sistent depth to receive the pattern and texture. Imprinting time will vary widely depending on temperature, humidity and overlay thickness. Begin stamping as soon as mixture has set sufficiently to achieve a clean impression, usually 20 to 60 minutes after placement. Apply Butterfield Color® Clear Liquid Release to the area prior to placing stamps or using texture rollers. Existing control joints should be mapped out prior to placement of the T1000" Stam- pable Overlay and re -cut before cracking occurs. Protect T1000- Stampable Over- lay from rain for 24 hours after placement. Read the Butterfield Color® Clear Liquid Release Technical Data Sheet before in- stalling product. All information is available affect the final color of T1000'" Stampable Overlay. Verify curing method and timing with a mock -up. Once the curing method has been determined, utilize consistently throughout the installation. Curing time varies with ambient and substrate temper- atures, and humidity. The surface can be walked on gently approximately 4 hours after placement at 70 °F (21'C). Cure for a minimum of 96 hours before opening the surface to automobile traffic. A full 28 -day cure is required before heavy traffic or ex- posure to freeze /thaw cycling. Control joints are required. Saw cutting of control joints directly over the existing con- trol joints in the concrete substrate should be completed within 14 hours after installa- tion, once the surface has gained adequate strength so as not be damaged by the saw cutting process. Cool ambient and surface temperatures may delay sawing. 10. Antiquing: Perma- Tique- Antiquing Agent may be used to add a secondary coloring effect to the T1000- Stampable Overlay. Once the T1000'" Stampable Overlay has cured for a minimum of 24 hours and can withstand foot traffic without marring the surface, the surface should be cleaned to remove any contaminants and residue from the stamping process. Note: A test area should be cleaned to ensure no damage is caused by the cleaning process before proceeding to clean the entire area. Once finished with cleaning the surface, the application of Perma- TiqueT' Antiquing Agent may begin. Read the Technical Data Sheet on Perma- Tique' Antiquing Agent prior to in- stallation. All information is available for download online at www.butterfieldcolor. com and at point of purchase. Once dry, the Perma- Tique'" Antiquing Agent should be sealed to lock it in. 11. Staining: For natural appearing color variations, T1000- Stampable Overlay can be colored with Elements' Transpar- ent Concrete Stain or Perma - Cast' Sierra Stain'". The stain may be applied to a stamped or textured surface. The T1000'" Stampable Overlay should be fully cured, clean, and dry before applying stain. Do not apply Elements'" Transparent Con- crete Stain or Perma -Cast® Sierra Stain' m c� M 0Mo 0 -n rma Ori, Ma— M1 ui u �C W 0 z o M A U) I M Manufacturing a complete line of Page 2 of 3 800 -282 -3388 Decorative Concrete Products 11151 www.butterfieldcolor.com T1000"' Stampable Overlay Technical Data Sheet T1000 03 w W N W U Z N o z U ti M C7 p nn L11J �o a 0 awJ two ACC L) w J m on top of the Perma- Tique'" Antiquing Agent. Do not utilize aggressive clean- ing methods until the T1000- Stampable Overlay is thoroughly cured. Read the Elements' Transparent Concrete Stain or Perma -Cast® Sierra Stain'" Technical Data Sheet before installing product. All information is available for download on- line at www.butterfieldcolor.com and at point of purchase. Perma- Cast' Sierra Stain'" Note: A dilution rate of 3 parts wa- ter to 1 part Perma -Cast® Sierra Stain' is recommended when using with T1000'" Stampable Overlay. 12. Sealing: Clear Guard® Cure and Seal should be applied after the surface has cured for a minimum of 72 hours at 70 °F (21 °C). Application of a sealer prior to 72 hours may weaken the surface of an over- lay. Sealed surfaces may become slippery when wet. Sealed surfaces will require maintenance. Read the Clear Guard® Cure and Seal Technical Data Sheet be- fore installing product. All information is available for download online at www.but- terfieldcolor.com and at point of purchase. 13. Repair: Damage to the overlay sur- face should be repaired with T1000" Stampable Overlay. Once the cause of the damage has been determined and corrected, the deteriorated area should be cut and chipped to the minimum applied depth of the product, 1/8 inch (3 mm). If damage to the underlying concrete ex- ceeds the maximum allowable thickness of T1000" Stampable Overlay, 1/2 inch (13 mm), use a suitable patching com- pound to repair the concrete, prior to the application of T1000'" Stampable Overlay or apply T1000' Stampable Overlay in multiple applications, not exceeding 1/2 inch (13 mm) in a single application. The repair cavity should be chipped to a uniform depth to minimize random shrink- age cracking in the repair materials. The perimeter of the repair cavity should be saw cut or chipped out to prevent feather edging of the patching compound. All dust and contamination should be removed before application of the patching com- pound orT1000' Stampable Overlay. The repaired area may appear differently than adjacent surfaces. Repair materials and methods should be evaluated and con- firmed with a repair mock -up. 14. Quality Control: Cast a job site sam- ple at least 21 days prior to the installa- tion for approval of color and finish. Utilize all materials, tools, and techniques from the actual job in the mock -up. Consis- tent batching, pouring, finishing, curing, sealing, and preparation techniques, will ensure the uniformity of architectural con- crete. Verify adequate wet and dry slip resistance. Discuss maintenance require- ments. Site visits by Butterfield Color, Inc. Personnel are for making technical recom- mendations only and not for supervising or providing quality control. Maintenance requirements should also be discussed. WARNING: HARMFUL IF INHALED. THIS PRODUCT CONTAINS SILICA (CRYSTALLINE QUARTZ) AND PORT- LAND CEMENT. DO NOT BREATHE DUST. PROLONGED EXPOSURE CAN RESULT IN SILICOSIS. USE WITH AD- EQUATE VENTILATION. PORTLAND CEMENT IS IRRITATING TO EYES AND SKIN AND MAY CAUSE ALKALI BURNS. ALWAYS USE PROTECTIVE GLASSES, GLOVES AND DUST MASK (NIOSH /MSHA TC -21C APPROVED). IMMEDIATELY AFTER USE WASH ANY AREA OF EXPOSED SKIN. IF CONTACT LK�iKee�eci Core% C& pew�o ,-,slice BUTTERFIELD COLOR IS MADE WITH EYES FLUSH THOR- OUGHLY WITH WATER, DO NOT RUB. IF INHALED, MOVE TO FRESH AIR. IF SYMPTOMS DEVELOP OR PERSIST, OR IF INGESTED, SEEK MEDICAL AT- TENTION. DO NOT TAKE INTERNALLY. KEEP OUT OF REACH OF CHILDREN AND ANIMALS. DISPOSE OF ALL RE- SIDUAL MATERIALS ACCORDING TO LOCAL, STATE, AND FEDERAL REGULATIONS. READ THE MATERIAL SAFETY DATA SHEET BEFORE US- ING OR HANDLING THIS PRODUCT. ALL INFORMATION IS AVAILABLE FOR DOWNLOAD ONLINE AT WWW.BUT- TERFIELDCOLOR.COM AND AT POINT OF PURCHASE. LIMITED WARRANTY AND DISCLAIM- ER - EXCLUSIVE REMEDY: Butterfield Color, Inc. ( "BC ") warrants that this prod- uct conforms to its published specifica- tions when it is shipped. THIS LIMITED WARRANTY IS THE EXCLUSIVE WAR- RANTY AND THERE ARE NO OTHER WARRANTIES, EXPRESSED OR IM- PLIED, INCLUDING IMPLIED WARRAN- TIES OF MERCHANTABILITY OR FIT- NESS FOR A PARTICULAR PURPOSE. BC does not warrant any particular meth- od of use or application of the product or its performance under any particular con- dition. If this product does not conform to its published specifications when shipped, we will replace the product as your ex- clusive remedy. Any action for breach of the limited warranty or any other liability arising from this product must be brought within 90 days of receiving the product. BC is not liable for consequential damag- es or personal injury arising from the use, storage or handling of this product. Suggested Short Form Specification for Butterfield Color' T1000 "' Stampable Overlay: Prepare overlay surfaces and prime with Butterfield Color" T1000- Primer according to manufacturer's instructions. Mix Butterfield Color' T1000" Stampable Overlay with Uni -Mix" Color Pack [ according to manufacturer's instructions. Trowel -apply Butterfield Color' T 1000" Stampable Overlay at a thickness Of[ inches; minimum. Clean tools frequently to avoid build up of overlay materials Apply Butterfield Color' Clear Liquid Release according to manufac- turer's instructions and imprint using Butterfield Color' Stamping Tools using [ ] pattern. [Optional: Mix Butterfield Color" Perma - Cast" Antiquing Release powder with Butterfield Color" Clear Liquid Release in a pump sprayer according to manufacturer's instructions. Keep mixture well agitated during application to prevent settling. Apply liberally and consistently over stamped area. Allow antiquing mixture to thoroughly dry before sealing.] Seal concrete with 2 coats Butterfield Color' Clear Guard' Cure and Seal with slip- resistive additive according to manufacturer's instructions. m m m .� 0 e o?! r- Ms Ore M O 111 11 t0 W :.-D n z o Z;5 z x n M M U) m M M Manufacturing a complete line of Page 3 of 3 800- 282 -3388 Decorative Concrete Products 11151 www.butterfieldcolor.com CHARACTERISTICS H&CT" SharkGrip• Slip- Resistant Ad- ditlxessamic�azedpa�yssvesfor addition to H &C coatings for slip resistance, fine texturing, and gloss reduction. Due to its low oil absorption and high solvent resis- tance, it will stir easily into most oil -based and latex -based paints and other coat- ings with minimal effect on the coating's ,AW -ashy . its 40N deft% ikty ak4m it to stay well suspended in thin materials such as stains. Features: • Can be added to paints, stains, and sealers • Add to latex- based, oil -based and ep- oxy coatings • Spherical- shaped particles allow easy cleaning of the surface • Spherical- shaped particles provide a smoother feel under foot when used on pool decks and patios Benefits: • slip resistance • easy addition into paints and stains • good chemical and abrasion resistance • good universal compatibility without viscosity effects EXHIBIT D H&CTM SHARKGRIPO SLIP RESISTANT ADDITIVE CAUTION Limitations: "M- SAa*C-Ap® UpAeMs4anS M- ditive will increase the coefficient of fric- tion on the surface of a paint, but due to its small particle size, the coating that this is added to should be considered slip- resistant but not -no-n SII id Packaging SharkGrip is packed in 3.2 oz. containers for adding to one gallon of paint and 16 oz. containers for adding to S gallons of paint. CAUTION HBCTm SharkGrip° Slip- Resistant Ad- dittve is not hazmdmn and does not contain silica, but should be treated as a nuisance dust while incorporating it into its intended vehicle. It is recommended that when mixing into unfamiliar coatings, a small test batch and appwcakmn be made. Not for use on wood stains. 6/2001 720- 0109 -000 W CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 19, 2018 Subject: Encroachment Request from South Commonwealth Partners, LLC for Stamped Concrete in Right -of -Way located in front of 27 Church Avenue, SE Background: South Commonwealth Partners, LLC (Owner) has requested an encroachment permit for the design and construction of approximately 589 square feet of stamped concrete on and within a portion of the public right of way located in front of the Downtown Hampton Inn & Suites Hotel (Hotel) located at 27 Church Avenue, S.E. and bearing Official Tax Map Nos. 4015004, 4015006, 4015007, and 4015008 (collectively "Property "), as shown on the attached drawings. The Hotel is located on the southern end of the City of Roanoke's (City) Historic City Market. This effort will beautify a well - traveled pedestrian corridor and serve as a wayfinding tool for Hotel guests, guiding them from the garage to the Hotel lobby. The Hotel intends to match the existing brick pattern and color as closely as possible. The Hotel will also be responsible for the maintenance of the stamped concrete within the encroachment area. Recommended Action: Adopt the attached Ordinance authorizing the encroachment of 589 square feet of stamped concrete encroaching into city right -of -way located at 25 Church Avenue, S.E. All necessary documents required for this encroachment are to be approved as to form by the City Attorney. -- - - - - -- ------------------ - - - - -- Robert S. Cowell, .Jr. City Manager Attachment: Distribution: Council Appointed Officers R. Brian Townsend, Asst. City Mgr. for Community Development Rob Ledger, Acting Director of Economic Development ACORO® CERTIFICATE OF LIABILITY INSURANCE �...► -� P ATE(MMIDD/YYYY) 10/2/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Arthur J. Gallagher Risk Management Services, Inc. 15 South Main Street, Suite 900 CONTACT NAME: Lisa Brunner n/CO No Ext :864- 239 0544 (FAX, lNo): 864 - 239 -2435 E-MAIL ADDRESS: Lisa Brunner @J .com Greenville SC 29601 INSURERS AFFORDING COVERAGE NAIC # Y INSURER A : Hanover American Insurance Company 36064 6/12/2019 INSURED HOSPAME -01 South Commonwealth Partners, LLC INSURER B: PREMISES E T RENTED PREMISES Ea occurrence) $ 300,000 27 Church Ave., SE INSURERC: $ 1,000 INSURERD: Roanoke, VA 24011 INSURER E: INSURER F: PERSONAL & ADV INJURY COVERAGES CERTIFICATE NUMBER: 69245118 REVISION NUMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INTR TYPE OF INSURANCE AN D SWVD POLICY NUMBER MM/ D/YYYY MM/DD //YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR Y Y ZZ6- A949716 -02 6/12/2018 6/12/2019 EACH OCCURRENCE $1,000,000 PREMISES E T RENTED PREMISES Ea occurrence) $ 300,000 MED EXP (Any one person) $ 1,000 PERSONAL & ADV INJURY $ 1,000,000 AGGREGATE LIMIT APPLIES PER: JRO POLICY PRO X LOC GENERAL AGGREGATE $2,000,000 GEN'L PRODUCTS - COMP /OP AGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DIED RETENTION $ $ WORKERS COMPENSATION PER I OTH- AND EMPLOYERS' LIABILITY YIN ANYPROPRIETOR /PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? N/A STATUTE ER E. L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Re: Hampton Inn Hotel and Market Garage , 25 & 27 Church Avenue, SE, Roanoke, VA The City of Roanoke, its officers, agents, employees and volunteers are additional insureds with respects to the General Liability. Waiver of Subrogation applies in favor of Certificate holder when required by written agreement. VGr%I IF-IVM 1 C nvL.ucr% UANL r_LLA I IUN City of Roanoke 215 Church Avenue, SW Roanoke VA 24011 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE U 1988 -2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD PUBLIC RIGHT OF WAY LOCATED ADJACENT TO ROANOKE OFFICIAL TAX MAP NOS: 4015004, 4015006, 4015007 and 4015008. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA AN ORDINANCE allowing an encroachment into the public right of way, at the request of South Commonwealth Partners, LLC ( "Owner "), the owner of certain parcels of real estate located at 25 Church Avenue, S.E., Roanoke, Virginia, known as Official Tax Map Nos. 4015004, 4015006, 4015007, and 4015008 (collectively "Property "), for the placement and construction of a stamped, concrete design, on and within a portion of the public right of way located along Church Avenue, S.E., and adjacent to the Property, for the purpose of advertising Owner's business, which portion, in the aggregate, encompasses approximately square feet of the public right of way, subject to revocation by the City; upon certain terms and conditions; and dispensing with the second reading of this Ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: Authorization is hereby granted by the City of Roanoke ( "City ") pursuant to Section 15.2 -2009 of the Code of Virginia (1950) as amended, to allow the placement and encroachment by Owner of a stamped, concrete design, including any equipment necessary to maintain the stamped, concrete design (e.g. control and expansion joints) (collectively "Encroachment "), to be placed on and within a certain portion of the public right of way adjacent to the Property, along Church Avenue, S.E., such portion of the right of way comprising in the aggregate, approximately square feet, as more particularly set forth and described in the City Council Agenda Report dated 2018, on file in the Roanoke City Clerk's Office, and the attachments to the Report, which Report and attachments are incorporated into and made a part of this Ordinance. The Encroachment is further identified and described as follows: An encroachment consisting of approximately square feet, more or less, located adjacent to the northerly side of the Property, as more particularly depicted, bounded, and described as on the plat entitled cc dated , 2018 ( "Plat), prepared by , a copy of which Plat is attached to this Ordinance as Exhibit A and is incorporated herein by reference. et ATTACH PHOTO OF SIDEWALK SHOWING AREA OF ENCROACHMENT 2. Owner agrees that the Encroachment shall be in substantial conformity with the design attached to this Ordinance as Exhibit B, which is incorporated herein by reference. The concrete used for such design shall be made of the materials attached to this Ordinance as Exhibit C, which is incorporated herein by reference, and shall be covered with the material described in Exhibit D, which is attached to this Ordinance and incorporated herein by reference. The Owner agrees that no changes may be made to the Encroachment unless agreed to in writing by the City Manager for the City of Roanoke. 3. Owner agrees that it shall construct, repair, and maintain the Encroachment in a good and workmanlike manner and in accordance with the terms stated herein, and replace or remove the Encroachment upon demand of the City if necessary in the interests of public safety, or for any other reason determined by the City in the City's sole discretion. Owner and its grantees, assignees, and successors in interest and title agree to indemnify, hold harmless, and defend the City, its officers, agents, and employees from any and all claims for injuries or damages to persons or property, including attorney's fees, that may arise, directly or indirectly, by reason of the above - 2 described Encroachment, and the construction, repair, replacement, maintenance, or removal of the same. Owner agrees that the authorization for the Encroachment is revocable at any time by the City, for any reason, in whole or in part, in the sole discretion of the City Manager for the City. Owner agrees that such placement and removal of the Encroachment, whether voluntarily by Owner or at the demand of City, shall be at the sole cost and expense of Owner. Owner further agrees that it shall repair, restore, and replace any damage to the public right of way, including, but not limited to, all pavement, sidewalks, and public improvements, caused by the placement or removal of the Encroachment, at Owner's sole cost and expense. Owner agrees that Owner shall be solely responsible for all costs and expenses related to the removal, relocation, maintenance, reconstruction, or repair of the Encroachment, including the removal, relocation, maintenance, reconstruction, or repair of any structures or improvements constructed on the Property that may be required or deemed necessary as a result of the revocation of the Encroachment. The Owner discharges and releases the City from any and all obligation Owner may have to maintain or repair the public right of way on which the Encroachment is located. 4. Owner, its grantees, assignees or successors in interest and or title, shall, for the duration of this permit, maintain on file with the Office of the City Clerk for the City of Roanoke, Virginia, evidence of insurance coverage in an amount not less than $1,000,000 of general liability insurance. The certificate of insurance shall list the City of Roanoke, its officers, agents, and employees as additional insureds, and an endorsement by the insurance company naming these parties as additional insureds must be received within thirty (3 0) days of adoption of this Ordinance by City Council. Owner shall immediately notify in writing the City of any changes, modifications, and /or termination of any insurance coverages and /or policies required by this Ordinance. 5. The City Clerk shall transmit an attested copy of this Ordinance to Owner at the following address: South Commonwealth Partners, LLC, 6. This Ordinance shall be in full force and effect at such time as a copy of this Ordinance, together with the Plat described above, have been admitted to record, in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, and shall remain in effect, unless otherwise revoked by the City, only so long as a valid, current certificate evidencing the insurance required in Paragraph 4 above is on file in the Office of the City Clerk for the City of Roanoke. In the event this Ordinance is not signed by Owner and recorded in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, together with the Plat, within ninety (90) days of adoption by City Council, this Ordinance shall terminate, and be of no further force and effect. 7. Owner shall not commence placement and installation of the Encroachment, unless and until (i) a copy of this Ordinance, together with the Plat, are recorded in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, in accordance with this Ordinance; and (ii) Owner satisfies the insurance requirements of this Ordinance. 8. Time is of the essence with respect to this Ordinance. 9. The terms, conditions, and obligations contained in this permit shall constitute a covenant running with the land, and are made expressly binding on Owner's grantees, assignees, and successors in interest, unless and until the Encroachment is removed, or the authorization for the Encroachment is revoked by City Council. 10. Pursuant to Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: 4 City Clerk. The undersigned, South Commonwealth Partners, LLC, a Virginia limited liability company, acknowledges that it has read and understands the terms and conditions stated in this Ordinance, and agrees to comply with those terms and conditions. SOUTH COMMONWEALTH PARTNERS, LLC, a Virginia limited liability corporation. Printed Name: Title: COMMONWEALTH OF VIRGINIA To -wit: CITY /COUNTY OF I, a Notary Public in and for the State and City aforesaid, do certify that the foregoing instrument was acknowledged before me this day of , by the Managing Member of South Commonwealth Partners, LLC, for and on behalf of South Commonwealth Partners, LLC. My Commission expires: Notary Public Registration No. R I moo � xt — � 'V op -ie-w Hote—\ CII�CuIILCI- P"V& BASE COLOR: U34 BRICK RED RELEASE COLOR: R13 DEEP CHARCOAL BASE COLOR: U31 WEATHERED TERRA COTTA RELEASE COLOR* R14 WALNUT BASE COLOR: U34 BRICK RED RELEASE COLOR: R12 STORM GRAY BASE COLOR: U37 SIENNA RELEASE COLOR: R13 DEEP CHARCOAL BASE COLOR: U34 BRICK RED RELEASE COLOR., R14 WALNUT BRICK PATTERNS 28 FIND YOUR INSPIRATION ATWWW.HCCONCRETE.com 11 Buts the bite in concrete surfaces aiding in slip - resistance • Long wearing; easy to walk on • Will not affect the color of the topcoat • Easy to use • Inclined surfaces Driveways • Garages • Steps • Patios • Pod decks For more information about H &C products call 1- 800 - 861 -8246 IMAGINE POSSIBILII OF CONCR H &C 5 SHARKGRIP'm SLIP- RESISTANT ADDITIVE is a micronized polymer with low -oil absorption and high - solvent resistance so it easily stirs into most oil -based and water -based paints and other coatings. And the low density allows it to stay well suspended in thin materials like stains and sealers. PRODUCT INFORMATION; Description SKU# UPC# Pack 3.2 oz— Powder 50.055004 -99 752714550042 12 16 oz. — Powder 50.055005 -99 752714550059 6 FIND YOUR INSPIRATION AT www.HCCONCRETE.com CHARACTERISTICS H &CT'" SharkGrip® Slip- Resistant Ad- ditive is a micronized polymer for addition to H &C coatings for slip resistance, fine texturing, and gloss reduction. Due to its low oil absorption and high solvent resis- tance, it will stir easily into most oil -based and latex -based paints and other coat- ings with minimal effect on the coating's viscosity. Its low density allows it to stay well suspended in thin materials such as stains. Features: • Can be added to paints, stains, and sealers • Add to latex- based, oil -based and ep- oxy coatings • Spherical- shaped particles allow easy cleaning of the surface • Spherical- shaped particles provide a smoother feel underfoot when used on pool decks and patios Benefits: • slip resistance • easy addition into paints and stains • good chemical and abrasion resistance • good universal compatibility without viscosity effects H&CTM SHARKGRIPO SLIP RESISTANT ADDITIVE CAUTION Limitations: H &CTm SharkGrip® Slip- Resistant Ad- ditive will increase the coefficient of fric- tion on the surface of a paint, but due to its small particle size, the coating that this is added to should be considered slip- resistant but not non -skid Packaging SharkGrip is packed in 3.2 oz. containers for adding to one gallon of paint and 16 oz. containers for adding to 5 gallons of paint. CAUTION H &CTM SharkGrip® Slip- Resistant Ad- ditive is not hazardous and does not contain silica, but should be treated as a nuisance dust while incorporating it into its intended vehicle. It is recommended that when mixing into unfamiliar coatings, a small test batch and application be made. Not for use on wood stains. 6/2001 720-0109-000 H,C ) Sharkgrip /HC Material Safety Data Sheet Document Code: Sharkgrip /HC Date of Preparation Version: 01 June 26, 2001 Section 1 - Product and Company Identification PRODUCT NAME & NUMBERS HMIS CODES H & C Shark Grip Health 1 50.055004 50.055005 Flammability 1 Reactivity 0 MANUFACTURER'S NAME EMERGENCY TELEPHONE NO. H & C CONCRETE STAINS (formerly FLR) (216) 566 -2917 101 Prospect Avenue N.W. INFORMATION TELEPHONE NO. Cleveland, OH 44115 (216) 566 -2902 Section 2 - Composition /Information on Ingredients % WT. CAS No. Ingredient Name Vapor Pressure ---------------------------------------------------------------------------- No ingredients in this product are hazardous as defined by the Department of Labor. Section 3 - Hazards Identification ROUTES OF EXPOSURE Exposure may be by INHALATION and /or SKIN or EYE contact, depending on conditions of use. To minimize exposure, follow recommendations for proper use, ventilation, and personal protective equipment. EFFECTS OF OVEREXPOSURE Irritation of eyes, skin and upper respiratory system. SIGNS AND SYMPTOMS OF OVEREXPOSURE Redness and itching or burning sensation may indicate eye or excessive skin exposure. MEDICAL CONDITIONS AGGRAVATED BY EXPOSURE None generally recognized. CANCER INFORMATION For Complete Discussion of Toxicology Data Refer to Section 11. Section 4 - First Aid Measures If INHALED: If affected, remove from exposure. Restore breathing. Keep warm and quiet. If on SKIN: Wash affected area thoroughly with soap and water. Remove contaminated clothing and launder before re -use. If in EYES: Flush eyes with large amounts of water for 15 minutes. Get medical attention. If SWALLOWED: Do not induce vomiting. Get medical attention immediately. Section 5 - Fire Fighting Measures FLASH POINT LEL UEL None NAp NAp FLAMMABILITY CLASSIFICATION Not Applicable EXTINGUISHING MEDIA Carbon Dioxide, Dry Chemical, Foam - Continued - Page 2 of 3 Sharkgrip /HC UNUSUAL FIRE AND EXPLOSION HAZARDS Not Applicable SPECIAL FIRE FIGHTING PROCEDURES Not Applicable Section 6 - Accidental Release Measures STEPS TO BE TAKEN IN CASE MATERIAL IS RELEASED OR SPILLED Remove all sources of ignition. Ventilate and sweep up with a minimum of dusting. Section 7 - Handling and Storage DOL STORAGE CATEGORY - Not Applicable PRECAUTIONS TO BE TAKEN IN HANDLING AND STORAGE Keep container closed when not in use. Transfer only to approved containers with complete and appropriate labeling. Do not take internally. Keep out of the reach of children. OTHER PRECAUTIONS This product may be mixed with other components before use. Before opening the packages, READ AND FOLLOW WARNING LABELS ON ALL COMPONENTS. Section 8 - Exposure Controls /Personal Protection PRECAUTIONS TO BE TAKEN IN USE Use only with adequate ventilation. Minimize contact with skin and eyes. Wash hands after using. VENTILATION Local exhaust preferable. General exhaust acceptable if the exposure to materials in Section 2 is maintained below applicable exposure limits. Refer to OSHA Standards 1910.94, 1910.107, 1910.108. RESPIRATORY PROTECTION If personal exposure cannot be controlled below applicable limits by ventilation, wear a properly fitted organic vapor /particulate respirator approved by NIOSH /MSHA for protection against materials in Section 2. PROTECTIVE GLOVES Required for long or repeated contact. EYE PROTECTION Wear safety spectacles with unperforated sideshields. Section 9 - Physical and Chemical Properties PRODUCT WEIGHT 7.2 lb /gal EVAPORATION RATE Slower than Ether SPECIFIC GRAVITY 0.86 VAPOR DENSITY Heavier than Air BOILING POINT N.A. MELTING POINT N.A. VOLATILE VOLUME 0 o SOLUBILITY IN WATER N.A. VOLATILE ORGANIC COMPOUNDS (VOC Theoretical) 0.0 lb /gal Less Federally Exempt Solvents 0.0 lb /gal Emitted VOC Section 10 - Stability and Reactivity STABILITY - Stable CONDITIONS TO AVOID - None known. INCOMPATIBILITY - None known. HAZARDOUS DECOMPOSITION PRODUCTS - By fire: Carbon Dioxide, Carbon Monoxide HAZARDOUS POLYMERIZATION - Will not occur Section 11 -Toxicological Information CHRONIC HEALTH HAZARDS No ingredient in this product is an IARC, NTP or OSHA listed carcinogen. Page 3 of 3 Sharkgrip /HC TOXICOLOGY DATA CAS No. Ingredient Name ---------------------------------------------------------------------------- Not applicable Section 12 - Ecological Information ECOTOXICOLOGICAL INFORMATION No data available. Section 13 - Disposal Considerations WASTE DISPOSAL METHOD Waste from this product is not hazardous as defined under the Resource Conservation and Recovery Act (RCRA) 40 CFR 261. Incinerate in approved facility. Do not incinerate closed container. Dispose of in accordance with Federal, State, and Local regulations regarding pollution. Section 14 -Transport Information No Data Available. Section 15 - Regulatory Information SARA 313 (40 CFR 372.65C) SUPPLIER NOTIFICATION CAS No. CHEMICAL /COMPOUND o by WT No ingredients in this product are subject to SARA 313 (40 CFR 372.65C) Supplier Notification. TSCA CERTIFICATION All chemicals in this product are listed, or are exempt from listing, on the TSCA Inventory. Section 16 - Other Information CANADIAN DISTRIBUTOR: Sherwin - Williams Canada 180 Brunel Rd. Mississauga, ON L4Z 1T5 NOTE: This product has been classified in accordance with the hazard criteria of the CPR and the MSDS contains all of the information required by the CPR. The above information pertains to this product as currently formulated, and is based on the information available at this time. Addition of reducers or other additives to this product may substantially alter the composition and hazards of the product. Since conditions of use are outside our control, we make no warranties, express or implied, and assume no liability in connection with any use of this information. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of November, 2018. No. 41316 - 111918. A RESOLUTION authorizing the City Manager's issuance and execution of an additional Amendment to the City's Contract with Andrews Technology HMS, Inc. ( "Andrews ") to add Berglund Center employees to the Novatime Time Clock system; and authorizing the City Manager to take certain other actions in connection with such Amendment. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is authorized to issue and execute such additional Amendment as may be necessary to the City's Contract with Andrews, in an amount not to exceed an additional $88,654 to add Berglund Center employees to the Novatime Time Clock system, all as more fully set forth in the City Council Agenda Report dated November 19, 2018. 2. The form of such Amendment shall be approved by the City Attorney. 3. Such Amendment shall provide authorization for additions to the work, with an increase in the amount of the Contract, and provide that the total amount of such Amendment will not exceed an additional $88,654, all as set forth in the above mentioned City Council Agenda Report. 4. The City Manager is authorized to take such actions and to execute such documents as may be necessary to provide for the implementation, administration, and enforcement of all such Amendment to the above mentioned Contract with Andrews, as well as the Contract itself. ATTEST: U��" 'L City Clerk. R- Authorize Amendment to Contract with Andrews Technology (1 1.19.18) M10 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 19, 2018 Subject: Amendment to Andrews Technology HMS, Inc. Contract Background: The City utilizes the Novatime Time Clock system for employees in the Department of Public Works and the Department of Parks and Recreation to track hours worked and requests for leave time. Additional software licenses and equipment are required to facilitate Berglund Center employees using Novatime. Considerations: An increase of $88,654 in the total amount of the contract is needed to add Berglund Center employees to the Novatime Time Clock system. Council approval is required to amend the contract. Funding is available in the project account 08- 530 - 9107 -9003. Recommended Action: Authorize the City Manager to execute Amendment No. 1 as mentioned above, approved as to form by the City Attorney, to the City's contract with Andrews Technology HMS, Inc. in an amount not to exceed $88,654, for a total contract amount of $189,079. Authorize the City Manager to take such actions and to execute such documents, as may be necessary to provide for the implementation, administration, and enforcement of all such amendments to the above - mentioned contract with Andrews Technology HMS, Inc., as well as the contract itself. - - - -- - - - - - -- ----- - - - - -- Robert S. Cowell, Jr. City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Amelia C. Merchant, Director of Finance ^� IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of November, 2018. No. 41317 - 111918. AN ORDINANCE to appropriate funding from Commonwealth and Federal grants and the Schools general fund for various educational programs, amending and reordaining certain sections of the 2018 -2019 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2018 -2019 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Instructional Supplies Instructional Teacher Supplement - School Coordinator Supplement - School Data Coordinator FICA Professional Services Travel Materials and Supplies Instructional Teacher Supplement - School Coordinator Supplement - School Data Coordinator FICA Professional Services Travel Materials and Supplies Teachers Social Security Equipment Revenues Federal Grant Receipts Federal Grant Receipts State Grant Receipts Local Match State Grant Receipts 302 - 110 - 0000 - 1070 - 134N - 61100 - 46614 - 9 - 09 $ 5,000 302 - 140 - 0000 - 0390 - 311 N - 61210 - 41121 - 3 - 00 17,000 302 - 140 - 0000 - 0390 -311N- 61210 - 41129 -3 -00 7,250 302 - 140 - 0000 - 0390 - 311 N - 61210 - 41129 - 3 - 00 2,500 302 - 140 - 0000 - 0390 - 311 N - 61210 - 42201 - 3 - 00 1,358 302 - 140 - 0000 - 0390 - 311 N - 61210 - 43313 - 3 - 00 5,000 302 - 140 - 0000 - 0390 - 311 N - 61210 - 45550 - 3 - 00 14,250 302 - 140 - 0000 - 0390 - 311 N - 61210 - 46001 - 3 - 00 5,142 302 - 140 - 0000 - 0400 -311N- 61210 -41121 -3 -00 1,000 302 - 140 - 0000 - 0400 - 311 N - 61210 - 41129 - 3 - 00 5,250 302 - 140 - 0000 - 0400 -311N- 61210 - 41129 -3 -00 2,500 302 - 140 - 0000 - 0400 - 311 N - 61210 - 42201 - 3 - 00 1,358 302 - 140 - 0000 - 0400 - 311 N - 61210 - 43313 - 3 - 00 23,000 302 - 140 - 0000 - 0400 - 311 N - 61210 - 45550 - 3 - 00 14,250 302 - 140 - 0000 - 0400 - 311 N - 61210 - 46001 - 3 - 00 5,142 302 - 160 - 0000 - 1305 - 355N - 61100 - 41121 - 9 - 07 3,600 302 - 160 - 0000 - 1305 - 355N - 61100 - 42201 - 9 - 07 276 302 - 253 - 0000 - 0000 - 375N - 68300 - 48821 - 9 - 00 95,370 302 - 000 - 0000 - 0000 - 134N - 00000 - 38013 - 0 - 00 $ 5,000 302 - 000 - 0000 - 0000 - 311 N - 00000 - 38334 - 0 - 00 105,000 302 - 000 - 0000 - 0000 - 375N - 00000 - 32400 - 0 - 00 76,296 302 - 000 - 0000 - 0000 - 375N - 00000 - 72000 - 0 - 00 19,074 302 - 160 - 0000 - 0000 - 355N - 00000 - 32298 - 0 - 00 3,876 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATT City clerk. November 13, 2018 ROANOKE CITY PU65c kC bb LS School Board Dr. Rita D. Bishop New Appropriations Award Superintendent Title 1, Part D, Neglected and Delinquent $5,000.00 GEAR UP Virginia (GUV) 2018 -19 $905,000.00 Cindy H. Poulton Clerk of the Board School Security Equipment Grant 209819 $95,370.00 Revised Appropriation RACE to GED 2018 -19 Additional Award $3,875.60 On behalf of the School Board, thank you for your consideration. Sincerely, th -U� GXA- Dawn Winter-Ware Deputy Clerk, Roanoke City School Board pc: Dan Callaghan iota D. Bishop Bob Cowell Kathleen Jackson Amelia Merchant Holli Satyers (w /details) Annette Lewis wmviJCVS.info P: 540.853.2381 f: 540.853.2451 P.Q. Box 13145 Roanoke VA 24031 Annette Lewis The Honorable Sherman P. Lea, Sr., Mayor Chairman and Members of Roanoke City Council Roanoke, VA 24011 Mark K. Cathey Vice Chairman Dear Members of Council: William B. Hopkins, Jr. Elizabeth C. S. Jamison As a result of official School Board action on Monday, November 12, Laura D. Rottenbarn 2098, the Board respectfully requests that City Council approve the tutheria H. Smith following appropriation requests: Dick Willis Dr. Rita D. Bishop New Appropriations Award Superintendent Title 1, Part D, Neglected and Delinquent $5,000.00 GEAR UP Virginia (GUV) 2018 -19 $905,000.00 Cindy H. Poulton Clerk of the Board School Security Equipment Grant 209819 $95,370.00 Revised Appropriation RACE to GED 2018 -19 Additional Award $3,875.60 On behalf of the School Board, thank you for your consideration. Sincerely, th -U� GXA- Dawn Winter-Ware Deputy Clerk, Roanoke City School Board pc: Dan Callaghan iota D. Bishop Bob Cowell Kathleen Jackson Amelia Merchant Holli Satyers (w /details) Annette Lewis wmviJCVS.info P: 540.853.2381 f: 540.853.2451 P.Q. Box 13145 Roanoke VA 24031 ROANOKE CITY SCHOOL. BOARD Roanoke, Virginia NEW APPROPRIATION REQUEST Title I, Part b, Neglected and Delinquent 2018 -19 134N Original Changes Final Exi2ens Descriptio Budge t Reauested Budget 302 - 110 -0000- 1070 -134N- 67100- 48614 -9 -09 Instructional Supplies $ 5,000.00 $ 5,000.00 $ 5,000.00 $ Beam 302- 000 - 0000 - 0000 -134N- 00000- 38013 -0 -00 Federal Grant Receipts $ 5,000.00 $ 5,000.00 $ 5,000.00 $ - $ 5,000.00 This program provides federal Title t, Part D Neglected and Delinquent funds to support literacy initiatives at the Roanoke Valley Juvenile Detention Center. This program will be fully reimbursed by federal funds and will end September 30, 2020. This is a continuing program. ROANOKE CITY SCHOOL. BOARD Roanoke, Virginia NEW APPROPRIATION REQUEST GEAR UP Virginia (GUV) 2010.19 311 N 302 - 140 -0000 -0390 - 311 N -61210 -41129 -3 -00 302 - MO - 0600 -0390 - 311N -61210 - 41129 -3 -00 302 - 140 -0000 -0390 - 311 N - 61210 -41121 -3-00 302 - 140 -0000 -0390 - 311 N -61210 - 42201 -3 -00 302 - 140 -0000 -0390 -311N - $1210 -45550 -3 -00 302 - 140 -0000 -0390 - 311N -61210 -46001 -3 -01) 302 - 140 - OOOD -0390 - 311N -61210 -43313 -3 -00 Patrick Henry High School 302 - 140 -0000 -0400 - 311 N -61210 -41129 -3-00 302- 140-0000 -0400 - 311N -51210 -41129 -3 -00 302 - 140 -0000 -0400 - 311N -61210 -41121 -3 -00 302 - 140 -0000 -0400 - 311 N -81210 -42201 -3 -00 302- 140-0000 -0400 -311N - 61210 -45550 -3 -00 302 - 140 -0000 -0400 311N -61210 -46001 - 3 -00 302- 140 -0000 -04011 - 311N -61210 -43313 - 3 -00 Wimam Fleming High School Total D.91tcription Supplement - School Coordinator Supplement - School Data Coordinator Instructional Teacher FICA Travel Materials and Supplies Professional Services Supplement - School Coordinator Supplement - School Data Coordinator Instructional Teacher FICA Travel Materials and Supplies Professional Services Revenue 302 - 000 - 0000 - 0000 -31 IN - 00000 - 38334 - 0 - 00 Federal Grant Receipts Original Changes Final $ 7,250,00 S 7,250,00 2,500.00 2,500.00 17,000.00 17,000.00 1,358.00 1,358.00 14,250.00 14,250.00 5,142.00 5,142.00 5,000.00 5,000.00 $ 52,500.00 $ $ 52,60(100 $ 5,250.00 $ 5,250.00 2,500.00 2,500.00 1,ODO.OD 1,000.00 1,368.00 1,358.00 14,250.00 14,250.00 5,142,00 5,142,00 23,000.00 23,000.00 $ 52, 500.00 S - $ 52.500.00 $ 105,040 00 $ $ 105,000.00 $ 105,000.00 5 $ 105,000.00 Patrick Henry and William Fleming High Schools have been accepted as participants in the GEAR UP Virginia (GUV) program. GEAR UP Virginia provides a comprehensive set of services to improve college readiness and Increase college enrollment- The proJet t will also fallow students through their first year of college by providing mentoring and tutoring to ease their transition to postsecondary education, The program will be fully reimbursed by federal funds and will' end August 31,2019. This is a continuing program. ROANOKE CITY SCHOOL BOARD Roanoke, Virginia NEW APPROPRIATION REQUEST School Security Equipment Grant 2018 -19 375N This grant award supports the purchase of security equipment to improve and help ensure the safety of students attending public schools in Virginia. Specifically, Roanoke City Public Schools has received funding to assist with upgrades to its existing two -way analog campus radios for five schools - Garden City Elementary, Momingside Elementary, Preston Park Elementary, Wasens Elementary and Westside Elementary, and funding to assist in replacing the intercom system for hvo schools - Highland Park Elementary and John P. FishvAck Middle. Grant expenses will be paid on a reimbursement basis out of state funds, and through the 25 °10 required local match. This program will be reimbursed by state funds and will end June 30, 2019. Original Changes Final Exoense DeAcril2lion Budget Roctuested Budget 302 - 253 - 0000 - 0000 - 375N - 68300 - 48821 - 9 - 00 Equipment $ 95,370.00 $95,370.00 $ 95,370.00 $ - $ 95,370.00 Revenue 302 - 000 - 0000 - 0000 - 375N - 00000 - 32400 - 0 - 00 State Grant Receipts $ 76,195.00 $ 76,296.00 302 - 000 - 0000 - 0000 - 375N - 00000 - 72000 - 0 - 00 Local Match 19,074.00 19,074.00 $ 95,370.00 $ - $ 95,370.00 This grant award supports the purchase of security equipment to improve and help ensure the safety of students attending public schools in Virginia. Specifically, Roanoke City Public Schools has received funding to assist with upgrades to its existing two -way analog campus radios for five schools - Garden City Elementary, Momingside Elementary, Preston Park Elementary, Wasens Elementary and Westside Elementary, and funding to assist in replacing the intercom system for hvo schools - Highland Park Elementary and John P. FishvAck Middle. Grant expenses will be paid on a reimbursement basis out of state funds, and through the 25 °10 required local match. This program will be reimbursed by state funds and will end June 30, 2019. ROANOKE CITY SCHOOL BOARD Roanoke, Virginia REVISED APPROPRIATION REQUEST RACE to GED 2016 -19 355N Original Changes Final } xpens_e, Oescription Budget Requested Sudoet 302 - 160 - 0000 - 1305 - 355N - 61100 - 41121 - 9 - 07 Teachers $ 4,800.00 $ 3,600.00 $ 8,400.00 302 - 160 - 0000 - 1305 - 355N - 61100 - 42201 - 9 - 07 Social Security 367.00 275.60 642.60 $ 5,167.00 $ 3,875.60 $ 9,042.6C Revenue 302 - 160 - 0000 - 0000 - 355N - 00000 - 32298 - 0 - 00 State Grant Receipts $ 5,167.00 $ 3,875.60 $ 9.042.6C The 2018 -19 Race to GED program is the Virginia initiative to provide supplies, tuition, and Instructors to increase participation it GED examinations by adults who did not complete high school. The program is reimbursed 100% by state funds, passed through the regional award for which Salem City Schools serves as fiscal agent. This increase noted above reflects the final award allocation. This is a continuing program that will and May 31, 2019. STEPHANIE M. MOON REYNOLDS, MMC City Clerk Angela S. Penn 506 12th Street, N. W. Roanoke, Virginia 24017 Dear Ms. Penn: CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: derk(eiwoanokeva.gov November 28, 2018 CECE1AA F. MCCOY Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk On December 27, 1982, the Roanoke City Code was amended to provide that after completion of three consecutive complete terms of office, no member of a permanent board, authority, commission or committee shall be eligible for reappointment to the same office for the next succeeding term. On December 31, 2018, you will have completed your third consecutive term of office as a member of the City Planning Commission. On behalf of the Members of Roanoke City Council, I would like to express appreciation for your service to the City of Roanoke as a member of the City Planning Commission from January 1, 2007 to December 31, 2018. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your years of service. Sincerely, µ Stephanie M. Moon Rey rSlcis, City Clerk Enclosure c: Tina Carr, Secretary, City Planning Commission CERTIFICATE OF APPRECIATION PRESENTED TO Angela S. Penn AS A MEMBER OF THE CITY PLANNING COMMISSION FROM JANUARY 1, 2007 TO DECEMBER 31, 2018 ON THIS 28TH DAY OF NOVEMBER , 2018 IN RECOGNITION OF PUBLIC SERVICE FAITHFULLY RENDERED TO THE CITY OF ROANOK.E APPROVED: SHERMAN P. LEA, SR. MAYOR ATTEST: STEPHANIE M. MOO DS CITY CLERK CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 19, 2018 Subject: School Board Appropriation Request Background: As the result of official Roanoke City School Board action at its November 12, 2018 meeting, the Board respectfully requested that City Council appropriate funding as outlined in this report. The 2018 -19 Title I, Part D, Neglected and Delinquent grant award of $5,000 provides funds to support literacy initiatives at the Roanoke Valley Juvenile Detention Center. This award will be reimbursed by Federal funds and will end September 30, 2020. The 2018 -19 Gear Up Virginia grant award of $105,000 provides a comprehensive set of services to improve college readiness and increase college enrollment. The project will also follow students through their first year of college by providing mentoring and tutoring to ease their transition to postsecondary education. This program will be reimbursed by Federal funds and will end August 31, 2019. This is a continuing program. The 2018 -19 Race to GED grant award of $3,876 provides supplies, tuition, and instructors to increase participation in GED examinations by adults who did not complete high school. This program will be reimbursed by State funds and will end May 31, 2019. The 2018 -19 School Security Equipment grant award of $95,370 supports the purchase of security equipment to improve and help ensure the safety of students attending public schools. Specifically, Roanoke City Public Schools has received funding to assist with upgrades to its existing two -way analog campus radios for five schools and funding to assist in replacing the intercom system for two schools. This program will be reimbursed by State funds with a required 25% local match and will end June 30, 2019. Recommended Action: We recommend that Council concur with this report of the School Board and adopt the attached budget ordinance to lish revenue estimates and to appropriate funding as outlined. Robert S. we ; Jr. City Manager Distribution: Council Appointed Officers Rita D. Bishop, Superintendent, RCPS Dan Lyons, Assistant Superintendent for Operations, RCPS Kathleen M. Jackson, Chief Financial Officer, RCPS Amelia C. Merchant, Director of Finance STEPHANIE M. MOON REYNOLDS, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerk(a)ronnokeva.gov November 20, 2018 The Reverend Ken Shuping, Pastor St. Gerard Catholic Church 809 Orange Avenue, N. W. Roanoke, Virginia 24016 Dear Reverend Shuping: CECELIA F. MCCOV Deputy City Clerk CECELIA T. WEBB, CHIC Assistant Deputy City Clerk I am enclosing copy of Ordinance No. 41318 - 111918 rezoning certain properties located at 804 and 806 Hanover Avenue, N. W., from RM -1, Residential Mixed Density District, to IN, Institutional District, subject to a certain condition on Official Tax Map No. 2031508 proffered by the applicant. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 19, 2018, and is in full force and effect upon its passage. Sin ely, tephanie M. Moon yn IldC C ity Clerk Enclosure c: Wanda G. Spraggins, 4492 Antelope Lane, Charlotte, North Carolina 28269 The Most Reverend Walter F. Sullivan, Bishop of the Roman Catholic Diocese, 809 Orange Avenue, N. W., Roanoke, Virginia 24016 Anthony Eugene Keaton, 1588 Deborah Lane, Salem, Virginia 24153 Shenelle D. Keeling, 801 Hanover Avenue, N. W., Roanoke, Virginia 24016 Claudia M. Palmabenitez, 735 Hanover Avenue, N. W., Roanoke, Virginia 24016 Helen L. Miller, 810 Hanover Avenue, N. W., Roanoke, Virginia 24016 R. Brian Townsend, Assistant City Manager for Community Development Christopher Chittum, Director of Planning Building & Development Ian D. Shaw, Planning Commission Agent Daniel J. Callaghan, City Attorney Timothy Spencer, Senior Assistant City Attorney Luke Pugh, City Engineer Susan Lower, Director of Real Estate Valuation Katharine Gray, City Planner II Tina Carr, Secretary, City Planning Commission y IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of November, 2018. No. 41318- 111918. AN ORDINANCE to rezone certain properties located at 804 and 806 Hanover Avenue, N.W., from RM -1, Residential Mixed Density District, to IN, Institutional District, subject to a certain condition on Official Tax Map No. 2031508 proffered by the applicant; and dispensing with the second reading of this ordinance by title. WHEREAS, Reverend Ken Shuping, on behalf of St. Gerard Catholic Church, has made application to the Council of the City of Roanoke, Virginia ( "City Council "), to have the properties located at 804 and 806 Hanover Avenue, N.W., bearing Official Tax Map Nos. 2031509 and 2031508, respectively, rezoned from RM -1, Residential Mixed Density District, to IN, Institutional District, subject to a certain condition on Official Tax Map No. 2031508; 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 19, 2018, after due and timely notice thereof as required by §36.2- 540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject properties, and for those reasons, is of the opinion that the hereinafter described properties should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that Official Tax Map Nos. 2031509 and 2031508 located at 804 and 806 Hanover Avenue, N.W., respectively, be, and are hereby rezoned from RM -1, Residential Mixed Density District, to IN, Institutional District, subject to a certain condition on Official Tax Map No. 2031508 proffered by the applicant, as set forth in the Zoning Amendment Amended Application No. 1 dated October 18, 2018. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: #944� hy�, JL i City Cler. . Rezone with proffers - 804 806 Hanover.doc 2 CITY CO UNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 19, 2018 Subject: St. Gerard Catholic Church requests to rezone property located at 804 and 806 Hanover Avenue, N.W., Official Tax Map Nos. 2031 509 and 2031 508, respectively, from RM -1, Residential Mixed Density District, to IN, Institutional District, with a condition on Official Tax Map No. 2031508. Summary: The Planning Commission held a public hearing on Monday, November 12, 2018. By a vote of 6 - 0, with Commissioner Hale absent, the Commission recommended approval of the rezoning request, finding that the Amended Application No. 1 is consistent with the City's Comprehensive Plan, Harrison & Washington Park Neighborhood Plan, and Zoning Ordinance as the subject property will be developed and used in a manner appropriate to the surrounding area. Application Information: Request: Rezoning Applicant: Father Ken Shuping, St Gerard Catholic Church Owner: Father Ken Shuping, St Gerard Catholic Church Wanda Gail Spraggins Agent: Owner City Staff Person: Katharine Gray, Land Use and Urban Design Planner Address: 804 and 806 Hanover Avenue, N.W. Official Tax Nos.: 2031 509 and 2031 508, respectively Site Area: +/- 0.2655 acres Relevant Plans: Harrison & Washington Park Neighborhood Plan Proposed Land Use: Place of Worship Future Land Use: Institutional /Religious and Single- and Two - Family Residential Mix Filing Date: Original Application: September 22, 2018 Amended Application No. 1: October 18, 2018 Background: St. Gerard's Catholic Church desires to create more meeting space by acquiring the lot and building to the north of the existing church. A change from RM -1 Mixed Density Residential to IN Institutional is necessary to permit the proposed new land use. They also wish to rezone their existing parcel used for parking on the corner of Hanover Avenue, N.W. and 811 Street, N.W. so that all of their property is zoned IN, Institutional District. Proposed Use /Development: The proposed use of the property is a place of worship. The concept plan shows the existing building to remain on Official Tax Map No. 2031508 and the existing off -site parking to remain on Official Tax Map No. 2031 509. A proffered condition offered on Official Tax Map No. 2031508 ensures that that parcel will not be used for off -site parking. Considerations: Compatibility with Surrounding Land Uses: The property is located on the Hanover Avenue corridor at the intersection of 8`h Street, N.W. It is surrounded by RM -1, Residential Mixed Density District, property to the north and west and IN, Institutional District, property to the south and east as shown on the Zoning Map Excerpt enclosed as Attachment A. The future land use map from the Harrison & Washington Park Neighborhood Plan envisioned the parcel at the southwestern corner of Hanover and 8` Street to be institutional /religious use and the adjoining parcel to the west to be single- and two - family residential mix use. The existing church, situated just to the south, has been a part of the community for decades. Encroachment of churches into residential areas, particularly the demolition of existing houses for parking lot expansions, has occurred in other areas of the City. Such changes completely changed the character of the neighborhood in those locations. This is a potential concern here, as well. The condition restricting off -site parking proffered by the applicant on Official Tax Map No. 2031 508 addresses that concern. Applicability/Appropriateness of Proposed Zoning District: The purpose of the IN District is to minimize the potential for adverse impacts of institutional uses on adjacent properties. The proposed IN District allows the church to include all of their current property under one contiguous zoning district and to allow the building at 806 Hanover Avenue for meeting space. The development standards of the IN District combined with the condition restricting off -site parking proffered by the applicant on Official Tax Map No. 2 2031 508 will ensure a harmonious development of buildings, parking, and open spaces for the institutional property and surrounding residential area. Availability of Other Property: There is no other IN District property adjacent to the existing property for expansion of their place of worship use. Consistency with Comprehensive Plan: Both Vision 2001 -2020 and the Harrison & Washington Park Neighborhood Plan recognize that community places of worship are an important part of any community and should be maintained and preserved. Policy /Action Roanoke's neighborhoods should function as "villages," with downtown serving as the City's premier urban village. Higher densities of development should be concentrated around existing or planned mixed - use neighborhood commercial areas, with housing density decreasing away from the village center. Neighborhood parks, schools, and community centers should be maintained and improved. Neighborhood streets and street - scapes should encourage pedestrian activity and bicycle use. Streets and roads should encourage a compact urban form and not enable sprawl. Traditional neighborhoods are characterized by medium -sized lots (5,000 -7,000 square feet); one and a half- or two -story houses; consistent building setbacks; and an inter- connected grid of narrow, tree -lined streets. These neighborhoods developed between the 1920s and 1940s as the streetcar system expanded outward. Traditional neigh- borhoods often feature churches, neighborhood schools, and small neighborhood commercial centers. Design principles: ■ All streets should have sidewalks and ' Vision 2001 -2020. City of Roanoke. 2001 Plan I Applicability to matter Comprehensive The property will be used Plan' pg. 39 for an institutional use meeting the needs of the surrounding community. Comprehensive The existing pattern of the Plan pg. 90 traditional neighborhood areas should be protected while allowing for the institutional uses within the neighborhood to flourish. The rezoning to IN District, with a condition restricting offsite parking from the existing residential parcel, allows the existing place of worship to expand in a manner that respects the residential development pattern remaining along 3 Policy/Action should be lined with trees. On- street parking should be encouraged; driveways and garages should be located to the side or rear of buildings. Neighborhood schools and commercial centers should be preserved. Houses should be consistent in terms of front yard setback and bulk. Roanoke will implement zoning patterns that allow for and encourage the Harrison and Washington Park neighborhoods to be mixed -use urban neighborhoods with opportunities for housing, employment, and services for all ages, races, and incomes. The Harrison and Washington Park neighborhoods are recognized as having unique architectural and historic value to the city. Therefore, Roanoke must ensure that future development is compatible with the neighborhood fabric. The design of new development should enhance and contribute to the neighborhood's continued viability. Comments on Application: Planning Commission Work Session: Plan Applicability to matter The following items were discussed in the Planning Commission Work Session for compliance with City policy and ordinances. Concern was expressed regarding the encroachment of the institutional use into the neighborhood if the existing residential property was to be torn down and used for offsite parking for the main church property. The unaddressed lot (Official Tax Number: 2031509) has been assigned an address of 804 Hanover Avenue, N.W. The application needs to be amended accordingly. Z Harrison & Washington Park Neighborhood Plan, City of Roanoke 2003 0 Hanover Avenue by precluding the parcel from becoming only a parking lot. Harrison & The rezoning to IN District Washington allows the existing place of Park worship to expand their Neighborhood services for the surrounding Plan 2, pg. 35 community. Harrison & The rezoning to IN District, Washington with a condition restricting Park offsite parking from the Neighborhood existing residential parcel, Plan, pg. 35 allows the existing place of worship to expand in a manner that respects the residential development pattern remaining along Hanover Avenue. The following items were discussed in the Planning Commission Work Session for compliance with City policy and ordinances. Concern was expressed regarding the encroachment of the institutional use into the neighborhood if the existing residential property was to be torn down and used for offsite parking for the main church property. The unaddressed lot (Official Tax Number: 2031509) has been assigned an address of 804 Hanover Avenue, N.W. The application needs to be amended accordingly. Z Harrison & Washington Park Neighborhood Plan, City of Roanoke 2003 0 Interdepartmental Comments: General comments were provided from Planning Building and Development related to the change of use. Public Comments: None received. The owner subsequently submitted Amended Application No. 1 restricting offsite parking as a use on Official Tax Map No. 2031508 and amending the application with the new address on Official Tax Map No. 2031509. Planning_ Commission Public Hearing (Nov 12, 2018): No comments received. Conclusions and Recommendations: As previously noted, community places of worship are an important part of any neighborhood and should be maintained and preserved. At the same time, the traditional neighborhood pattern of the Harrison & Washington Park neighborhoods is an important characteristic that should be maintained. The proposed change in zoning, with a condition precluding off -site parking as a use for the westernmost parcel, will allow the expansion of the existing place of worship within the neighborhood in a manner that respects the existing community context. - James E. Smith, Chair City Planning Commission Enclosure: Attachment A, Zoning District Map Distribution: Robert S. Cowell, .Jr., City Manager R. Brian Townsend, Assistant City Manager Chris Chittum, Director of Planning Building & Development Ian D. Shaw, Planning Commission Agent Daniel J. Callaghan, City Attorney Timothy Spencer, Senior Assistant City Attorney Father Ken Shuping, St Gerard Catholic Church Wanda Gail Spraggins 5 ZONING DISTRICT MAP 0 and 806 Hanover Avenue, NW Official Tax Parcels: 2031509 and 2031508 Area to be Rezoned Zoning AD: Airport Dev CG: Commercial - General CLS: Commercial -Large Site CN: Commercial- Neighborhood - D: Downtown 1 -1; Light Industrial ® 1 2: Heavy Industrial IN: Institutional INPUD; Institutional Planned Unit Dev - IPUD: Industrial Planned Unit Dev Mai- Mixed Use O MXPUD Mixed Use Planned Unit Dev R -12: Res Single-Family R -3: Res Single - Family R -5: Res Single - Family 0 104 200 Feet F �t i d Attachment A R7 : Res Single-Family RA: Res - Agricultural RMA: Res Mixed Density RM 2: Res Mixed Density RMF Res Multifamily 11� ROS Recreation and Open Space UF: Urban Flex Conditional Zoning 0 104 200 Feet F �t i d Attachment A Department of Planning, Building and Development Room 170, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Phone: (540) 853 -1730 Filing Date:( 10 /18/2018 i OCT 18 2018 ='KE Click Here to Print ILPING & + MENT Submittal Number: Amended Application No.1 x❑ Rezoning, Not otherwise Listed ❑ x Rezoning, Conditional ❑ Rezoning to Planned Unit Development ❑ Establishment of Comprehensive Sign Overlay District ❑ Amendment of Proffered Conditions ❑ Amendment of Planned Unit Development Plan ❑ Amendment of Comprehensive Sign Overlay District f Address: 804 & 806 HANOVER AVENUE N.W. ROANOKE, VA 24016 Official Tax No(s).: 2031509 & 2031508 Existing ❑x Without Conditions Ordinance Zoning: RM -1, Residential Mixed Density ❑ With Conditions No(s). (If ❑ Planned Unit Development applicable): Requested ❑x Without Conditions Proposed Zoning: IN, Institutional 0 With Conditions Land Use: PLACE OF WORSHIP ❑ Planned Unit Development Name: WANDA GAIL SPRAGGINS Phone Number: +1 (704) 787 -6764 Address: 4492 ANT "�CHARLOTTE, NC 28269 E -mail: wanda.gail.spraggins @icloud �---� 10/18/2018 Property Owner's SfgnaNro' ... Name: ST. GERARD CATHOLIC CHURCH (FR. KEN SHUPING) Phone Number: +1 (540) 343 -7744 Address: 809 ORANGE AVENUE NW ROANOKE, VA 24016 E -mail: kshuping @richmonddiocese.t Name: Phone Number: Address: E -mail: Authartzed AgenPs ftneture Department of Planning, Building and Development Room 170, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Phone: (540) 853 -1730 Filing Date: 10/18/2018 ^� Submittal Number: Amended Application No. 1 ❑x Rezoning, Not Otherwise Listed ❑x Rezoning, Conditional ❑ Rezoning to Planned Unit Development ❑ Establishment of Comprehensive Sign Overlay District Click Here to Print ❑ Amendment of Proffered Conditions ❑ Amendment of Planned Unit Development Plan ❑ Amendment of Comprehensive Sign Overlay District Address: 804 & 806 HANOVER AVENUE N.W. ROANOKE, VA 24016 Official Tax No(s).: 2031509 & 2031508 Existing Zoning: RM -1, Residential Mixed Density Requested Zoning: IN, Institutional ❑x Without Conditions ❑ With Conditions ❑ Planned Unit Development ❑x Without Conditions ❑x With Conditions ❑ Planned Unit Development Ordinance No(s). (If applicable): Proposed PLACE OF WORSHIP Land Use: G. Name: ST. GERARD CATHOLIC CHURCH (MOST REV. WALTER F Phone Number: 5403437744 Address: 809 ORANGE AVENUE NW ROANOKE, VA 24016 E -mail: F kshuping@richmonddioces Name: ST. GERARD CATHOLIC CHURCH (FR. KEN SHUPING) Phone Number: 5403437744 Address: 809 ORANGE AVENUE NW ROANOKE, VA 24016 E -mail: F huping @dchmonddioces Name: Phone Number: Address: E -mail: F Authorized Agents Slgnaturer ID: 81837028- 1158 -42F5- 8340 -1 ASE DA (x Completed application form and checklist. r Written narrative explaining the reason for the request. r Metes and bounds description, if applicable. Concept plan meeting the Application Requirements of item'2(c)' in Zoning Amendment Procedures. Please label as (x 'development plan' if proffered. or a F- Development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance. ITor s t F- Comprehensive signage plan meeting the requirements of Section 36.2- 336(d)(2) of the City's Zoning Ordinance. W 7,111 por F . �...... Amended development or concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures, F if applicable. F Written proffers to be amended. See the City's Guide to Proffered Conditions. (— Copy of previously adopted Ordinance. Por + (— Amended development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance. F Copy of previously adopted Ordinance. rj Amended comprehensive signage plan meeting the requirements of Section 36.2- 336(d) of the City's Zoning Ordinance. ❑ Copy of previously adopted Ordinance. r A Traffic Impact Study in compliance with Appendix B -2(e) of the City's Zoning Ordinance. F Cover sheet. F Traffic impact analysis. F Concept plan. F Proffered conditions, if applicable. r Required fee. 'An electronic copy of this application and checklist can be found at www. roanokeva .gov /planningcommission. A complete packet must be submitted each time an application is amended, unless otherwise specified by staff. St. Gerard Catholic Church 809 Orange Ave NW, Roanoke, VA 24016 October 18, 2018 Proffered Condition to be Adopted: Parcel ID: 2031508 Parcel Address: 806 Hanover Avenue NW Roanoke, VA 24016 St. Gerard's Catholic Church requests that the following proffered condition be adopted as it pertains to parcel 2031508: 1. The following use shall NOT be permitted: a. Parking, off -site. St. Gerard Catholic Church 809 Orange Ave NW, Roanoke, VA 24016 October 18, 2018 Narrative: St. Gerard Catholic Church is requesting a favorable response and approval from Roanoke City Council for a zoning amendment to Tax Parcels 2031509 and 2031508, currently zoned RM -1 to rezone the parcels to IN (Institutional). Historical Information: In August 1946, Redemptorist Bishop Peter L. Ireton, seeing a need to serve the spiritual needs of Roanoke's African - American Catholic community, appointed Fr. Maurice McDonald to establish a Roman Catholic mission to serve the black population in the city of Roanoke. In September 1946, he established that mission and assigned Redemptorist Father Maurice McDonald as its first Pastor. Within a few weeks, Father McDonald celebrated his first Mass and preached his first sermon at Harrison School with seventeen people in attendance — nine adults and eight children. On October 16th of that year the Redemptorists' Provincial approved the purchase of a nearby building at 835 Moorman Road. Bishop Ireton named the parish after St. Gerard, the patron saint of mothers and the poor, whose feast day coincides with that day. Thus, St. Gerard became the first and only black Catholic parish in southwest Virginia. Current Day: Over the past 72 years, St. Gerard's Catholic Church has grown exponentially into an international church serving over 650 families of mixed ethnicity in city of Roanoke. The church currently provides ministry programs and church services in both the Spanish and English languages as well as many outreach programs for the local community. The church has an active and engaging youth program. The church's Knights of Columbus organization provides programs of evangelization, Catholic education, civic involvement and aid to those in need. As the congregation continues to grow, the church needs additional space to accommodate their member's needs. Current & Proposed Use: Parcel 2031509, 804 Hanover Avenue, is currently owned by St. Gerard Catholic Church and is adjacent to the church's main campus, which is a separate parcel zoned IN. This parcel is currently being used as a parking lot by the church. The parcel is located on Hanover Avenue NW and is approximately one block north of Orange Avenue. The parcel consists of approximately 0.09 acres. There are no structures on this parcel and it is currently used as a parking lot. The church intends to continue using this parcel for that purpose. Tax parcel 2031508, 806 Hanover Avenue, is located on Hanover Avenue NW and adjoins parcel 2031509. Parcel 2031508 is currently owned by Wanda G. Spraggins and is also adjacent to the church's main campus, which is a separate parcel zoned IN. The church is looking to acquire parcel 2031508 from Ms. Wanda G. Spraggins. This parcel is currently under contract, scheduled to close on /or about November 27, 2018. This parcel consists of approximately 0.07 acres. Located on this site is a + /- 1,OOOsf. vinyl- sided, single - family structure estimated to have been built in or around 1946. The improvement on this parcel is currently vacant. The church intends to use this parcel as an extension of the church to be used for overflow meeting space and classrooms. The church is requesting the adoption of a proffered condition in this application for this parcel. The church requests that the following proffered condition be adopted as it pertains to parcel 2031508; the following use shall NOT be permitted: Parking, off -site. Justification: The approval to rezone the two parcels to (IN) would allow for the continued growth of the church and the expansion of their many outreach programs. There is a need for the church to make additional meeting and classroom space available to meet the needs of its members. Also, rezoning would place all the church's facilities under one consistent zoning designation. Having one single zoning designation allows for zoning continuity. Effect on the surrounding neighborhood: The impact of rezoning these two parcels on the surrounding community should be minimal, but positive for everyone. The church intends to continue to utilize their main campus located on 809 Orange Avenue for worship services and most of their activities. They plan to continue using parcel 2031509 for church parking. Once they acquire the property beside their current parking lot, parcel 2031508, they will use the existing structure as it is, and it will provide them added meeting space and classrooms for their outreach programs. Off -site parking on this parcel shall NOT be permitted. St. Gerard's Community Life program has a focus on social activities and events for all ages living in the community. Their purpose is to foster a sense of belonging to the church, their community and to enhance getting involved by knowing one another in a social environment. Enhancement of this program will directly benefit the community and improve the quality of life for all residents living nearby. The church's grounds and all their properties are neatly and regularly maintained by an internal ground and building maintenance committee. Availability of similarly zoned properties: At this time, there are no other suitable properties zoned IN that meet the church's needs. Relationship of rezoning request to the City's neighborhood plan: The Future Land Use plan for the HarrisonMashington Park area specifies how future development should take place. Zoning is the principal tool that is used to implement the future land use plan. Some of the current zoning is not consistent with the future land use plan, so the plan recommends changes in zoning so that future development will be consistent with the future land use plan. The City's plan aims to support, retain, and expand businesses that are compatible with neighborhood character and scale. The City's plan also encourages neighborhood churches to coordinate efforts to improve the quality and range of outreach services. St. Gerard's Catholic Church has been an integral part of the HarrisonMMashington Park neighborhood for over 70 years. The church not only provides a place to worship for a diverse population living nearby, it also provides necessary meeting space for numerous community outreach programs which directly benefit the families living and working in this area. I liwl O to P- vm N V- C4 I m O C; m r3 z ui LL! 0 z 0 LC; O C> C; LO LO M N M CY) LO 609KOZ A C*Nl Lf L - 909 G MN IS Hig 00 E of 0 0 t E m 000K -ii sm L'06- ti O .-0 — -EF UP M" —,a or.: N p p':f ae ;g g 04 22,0, 00 E O. CL 0 0 2 0 609KOZ A C*Nl Lf L - 909 G MN IS Hig 00 E of 0 0 t E m -ii cle) L'06- ti O .-0 — -EF UP M" N ae ;g g 04 22,0, 00 E O. 0 0 21 r 0 0 .E bubo (D C) LL 0 A JA 0') 00 cle) L'06- ti UP N 04 ZONING DISTRICT MAP 0 and 806 Hanover Avenue, NW Official Tax Parcels: 2031509 and 2031508 ®Area to be Rezoned Zoning AD: Airport Dev - CG: Commercial - General - CLS: Commercial -Large Site CN: Commercial- Neighborhood D: Downtown - 1 -1: Light Industrial ® 1 -2: Heavy Industrial - IN: Institutional CM INPUD: Institutional Planned Unit Dev - IPUD: Industrial Planned Unit Dev MX: Mixed Use MXPUD: Mixed Use Planned Unit Dev R -12: Res Single - Family R -3: Res Single - Family R -5: Res Single - Family R -7: Res Single - Family RA: Res - Agricultural RM -1: Res Mixed Density RM -2: Res Mixed Density RMF: Res Multifamily ROS: Recreation and Open Space - UF: Urban Flex Conditional Zoning N 0 100 200 Feet E N N s O Q M N N � 7 Ilk N N o ro . ` f �- ^ � CV N O r N O M to ,u HAN OVE AVE N M O O ,_ O a. >•' 00 t n 4 r Cl) Zo p O O " ` vo �,� O -4 N C\4 in°, O M Cl) N N O s 0�; Cl) -N N N O to r- N O 5 CNV N N (01/ O OCn x N N � 3 �- Cp Cl) y° +n O `') r- _ COO N O Cn Cop cop (0 v N c0 Cl) CO N N O O at N N c0 N O t i q hC) O . N r' � N � CV r, N a`^ 21209 0 r` 0 N .- �- O Cn N N N O M to CV raj UJ tq , N p o n - F- ca ' o o O , " 3a O M r- N O c7. n _ r N O N F pM`, N N, * o ' Ci '> N N ^ -, N si M N . OCn CCV O CO Co rn N O 5 CNV N N (01/ O OCn x N N � 3 �- Cp Cl) y° +n O `') r- _ COO N O Cn Cop cop (0 v N c0 Cl) CO N N O O at N N c0 N O t i q hC) O . N r' � N � CV r, N a`^ 21209 0 r` 0 N Adjoining Property Owners for 804 and 806 Hanover Avenue, N.W. (Official Tax Map Nos. 2031509 and 2031508) TAXID MailAddress MailCity State Zip LocalAddress LocalCity LocalZip Ownerl 2031117 1588 DEBORAH LN SALEM VA 24153 0 HANOVER AV NW ROANOKE KEATON ANTHONY EUGENE 2031118 1588 DEBORAH LN SALEM VA 24153 805 HANOVER AVE NW ROANOKE 24016 KEATON ANTHONY EUGENE 2031119 801 HANOVER AVE NW ROANOKE VA 24016 801 HANOVER AVE NW ROANOKE 24016 KEELING SHENELLE D 2031217 1735 HANOVER AVE NW ROANOKE VA 24016 735 HANOVER AVE NW ROANOKE 124016 PALMABENITEZ CLAUDIA M 2031507 810 HANOVER AVE NW ROANOKE VA 24017 810 HANOVER AVE NW ROANOKE 24016 MILLER HELEN L 2031508 4492 ANTELOPE LN CHARLOTTE NC 28269 806 HANOVER AVE NW ROANOKE 24016 SPRAGGINS WANDA GAIL 2031509 809 ORANGE AVE NW ROANOKE VA 24016 0 HANOVER AV NW ROANOKE MOST REV. WALTER F SULLIVAN THE 2031515 809 ORANGE AVE NW ROANOKE VA 24016 124016 809 ORANGE AVE NW IROANOKE 24016 MOST REV. WALTER F SULLIVAN THE 2031601 809 ORANGE AVE ROANOKE VA 10 HANOVER AV NW IROANOKE I BISHOP OF THE ROMAN CATHOLIC DIOCESE The Roanoke Times Roanoke, Virginia Affidavit of Publication CITY OF ROANOKE - CLERKS OFFICE Attn STEPHANIE M MOON 215 CHURCH AVE SW ROOM 456 ROANOKE, VA 24011 Account Number 6007932 Date November 06, 2018 Date Category Description Ad Size Total Cost 11/0612018 Legal Notices PUBLIC HEARING NOTICE Any public hearings advertised he 1 x 89 L 881.68 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 An was published in said newspapers on the following dates: 10/30. 11/06/2018 The First insertion being given ... 10/30/2018 Newspaper reference: 0000844762 .3 t-t' A Billing Representative Sworn to and subscribed before me this Tuesday, November 6, 2018 c I 111111A Z A A f AW I Z otary P li P ...... ' �Q ' 'NOTnRY'' .� State If Virginia �: PU6LlC ;rte City /County of Roanoke J=v' REG. iV332964 ; �4 My Commission expires h1y COMMiSSiON I Nib IS NU I A WILL. 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, S.W., Roanoke, Virginia. Any applications will be available for review in Planning, Building, & Development, first floor, Room 170, 215 Church Avenue, S.W., Roanoke, Virginia. The City of Roanoke Planning Commission will hold a public hearing on November 12, 2018, at 1:30 p.m., or as soon thereafter as the matter may be heard, to consider the following application: St. Gerard Catholic Church requests to rezone property located at 804 and 806 Hanover Avenue, N.W., Official Tax Map Nos. 2031509 and 2031508, respectively, from RM -1, Residential Mixed Density District, to IN, Institutional District, with a condition that restricts off -site parking on Official Tax Map No. 2031508. The land use categories permitted in IN include: accommodations and group living; commercial; assembly and entertainment; public, institutional and community facilities; transportation: utility; agricultural: and accessory, with no maximum density specified and no maximum floor area ratio. The city's comprehensive plan designates the property for institutional /religious and single- and two- family residential mix use. The proposed use by the applicant is a place of worship. Tina M. Carr, Secretary, City Planning Commission City Council will hold a public hearing on the aforesaid application on November 19, 2018, at 7:00 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, S.W., Roanoke, Virginia. Any person with a disability requiring any special accommodation to attend or participate in the public hearings should contact the City Clerk's office at (540) 853 -2541 at least five days prior to the scheduled public hearings. Stephanie M. Moon Reynolds, MMC, City Clerk The City of Roanoke Board of Zoning Appeals will hold a public hearing on November 14, 2018, at 1:00 p.m., or as soon thereafter as the matter may be heard, to consider the following application: Application by Christin Lynn Bowles for property located at 631 Liberty Road, N.E., bearing Official Tax Map No. 3131003, for a special exception pursuant to Section 36.2 -322, Zoning, Code of the City of Roanoke (1979), as amended, to establish a kennel, outdoor pens or runs. Donna M. Payne, Secretary. City Board of Zoning Appeals (844762) a t$ NOV- t2 R1 3 Gf� PUBLIC HEARING NOTICE PUBLIC }TEARING NOTICE Any public hearings advertised herein will be held in the City Council Chamber, fourth floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Any applications will be available for review in Planning, Building, & Development, first floor, Room 170, 215 Church Avenue, S.W., Roanoke, Virginia. The City of Roanoke Planning Commission will hold a public hearing on November 12, 2018, at 1:30 p.m., or as soon thereafter as the matter may be heard, to consider the following application: St. Gerard Catholic Church requests to rezone property located at 804 and 806 Hanover Avenue, N.W., Official Tax Map Nos. 2031509 and 2031508, respectively, from RM -1, Residential Mixed Density District, to IN, Institutional District, with a condition that restricts off -site parking on Official Tax Map No. 2031508. The land use categories pennitted in IN include: accommodations and group living; commercial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory, with no maximum density specified and no maximum floor area ratio. The city's comprehensive plan designates the property for institutional'religious and single- and two - family residential mix use. The proposed use by the applicant is a place of worship. Tina M. Carr, Secretary, City Planning Commission City Council will hold a public hearing on the aforesaid application on November 19, 2018, at 7:00 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, S.W., Roanoke, Virginia. Any person with a disability requiring; any special accommodation to attend or participate in the public hearings should contact the City Clerk's office at (540) 853 -2541 at least five days prior to the scheduled public hearings. Stephanie M. Moon Reynolds, MMC, City Clerk The City of Roanoke Board of Zoning Appeals will hold a public hearing; on November 14, 2018, at 1:00 p.m., or as soon thereafter as the matter may be heard, to consider the following; application: Application by Christin Lynn Bowles for property located at 631 Liberty Road, N.E., bearing Official Tax Map No. 3131003, for a special exception pursuant to Section 36.2 -322, Zoning, Code of the City of Roanoke (1 979), as amended, to establish a kennel, outdoor pens or runs. Donna M. Payne, Secretary, City Board of Zoning Appeals Please publish in newspaper on Tuesday, October 30, 2018, and Tuesday, November 6, 2018. Please bill and send affidavit ol'publication to: Tina M. Carr Secretary to the Planning Commission Planning, Building, & Development City of Roanoke Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 166 Roanoke, VA 24011 54or 853 -1730 tina.airr tt rminokcva.gov_ Donna M. Payne Secretary to the Board of Zoning Appeals Planning, Building, & Development City of Roanoke Noel C. Taylor Municipal Building; 215 Church Avenue, SW, Room 166 Roanoke, VA 24011 546.853 -1730 donna.payncwroanokeva.g ov Please send affidavit of publication to: Stephanie M. Moon Reynolds, MMC, City Clerk 215 Church Avenue, S.W., Suite 456 Noel C. Taylor Municipal Building Roanoke, Virginia 24011 -1536 54G,853-2541 DocuSipn Envelope ID C3F84BD0- 2?FE- 46734aFEe- D4E4A9o544FF DocuSign Envelope ID 31F7BD884355 45Ea-A918.38AA878F77F5 Room 170, Noel C. Taylor Wrildpal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Phone: (540) 853 -1730 Fling Date: /2212018 ® Rezoning, Not Olhen*e Listed Submittal Number. Original Application ❑ Rezoning, Conditional ❑ Rezoning to Planned Unit Development ❑ Establishment of Comprehensive Sign Overlay District Cpdt Hereto Prktt ❑ Amendment of Proffered Conditions ❑ Amendment of Planned Unit Development Plan ❑ Amendment of Comprehensive Sign Oveday District Address: 10 & 606 HANOVER AVENUE N.W. ROANOKE, VA 24016 Official Tax No(s).: 1508 & 2031506 Existing ® Without Conditions Ordinance ?-orling: RM -1, Residential Mixed Dermlly ❑ With Conditions No(s). (If ❑ Planned Unit Development appocable): Requested p Without Conditions Proposed PUCE OF SHIP Zoning: 11N, Institutional ❑ With Conditions rand Use: ❑ Planned Unit Development Name: WANDA GAIL SPRAGGINS Phone Number. 7047876764 Address; 4492 E CHARLOTTE, NC 28269 E -mail: anda.gail.spreggtnsgllcl 9/24/2018 orr►sy.r� Name: ST. GERARD CATHOLIC CHURCH (FR. KEN SHUPING) Phone Number. 5403437744 Address: 809 ORANGE AVENUE NW ROANOKE, VA 24016 E -mail: shuping @rlchrnonddiocesj Name: Phone Number. Address: I I E-mait: [ —771 errdp.inapac Docu5ign I nve" ID: 311' 7BD68- 435545E 8- A918- 38AA878F77F5 OZ Completed application form and checklist. IR Written narrative explaining the reason for the request. J5Z Metes and bounds description, if applicable. TR Filing fee. A, QK Concept plan meeting the Application Requirements of Item '2(c)' in Zoning Amendment Procedures. F Written proffers. See the City's Guide to Proffered Conditions. F- Written proffers to be amended. See the City's Guide to Proffered Conditions. F- Copy of previously adopted Ordinance. r Traffic impact analysis. F Concept plan. F Proffered conditions, if applicable. r' fee. *An electronic copy of this application and checklist can be found at www. roanokeva .gov /planningeommission. A complete packet must be submitted each time an application is amended, unless otherwise specified by staff. St. Gerard Catholic Church 809 Orange Ave NW, Roanoke, VA 24016 Tax Parcel 2031515 September 24, 2018 Narrative: St. Gerard Catholic Church is requesting a favorable response and approval from Roanoke City Council for a zoning amendment to Tax Parcels 2031509 and 2031508, currently zoned RM -1 to rezone the parcels to IN (Institutional). Historical Information: In August 1946, Redemptorist Bishop Peter L. Ireton, seeing a need to serve the spiritual needs of Roanoke's African - American Catholic community, appointed Fr. Maurice McDonald to establish a Roman Catholic mission to serve the black population in the city of Roanoke. In September 1946, he established that mission and assigned Redemptorist Father Maurice McDonald as its first Pastor. Within a few weeks, Father McDonald celebrated his first Mass and preached his first sermon at Harrison School with seventeen people in attendance — nine adults and eight children. On October 16th of that year the Redemptorists' Provincial approved the purchase of a nearby building at 835 Moorman Road. Bishop Ireton named the parish after St. Gerard, the patron saint of mothers and the poor, whose feast day coincides with that day. Thus, St. Gerard became the first and only black Catholic parish in southwest Virginia. Current Day: Over the past 72 years, St. Gerard's Catholic Church has grown exponentially into an international church serving over 650 families of mixed ethnicity in city of Roanoke. The church currently provides ministry programs and church services in both the Spanish and English languages as well as many outreach programs for the local community. The church has an active and engaging youth program. The church's Knights of Columbus organization provides programs of evangelization, Catholic education, civic involvement and aid to those in need. As the congregation continues to grow, the church needs additional space to accommodate their member's needs. Current & Proposed Use: Parcel 2031509 is currently owned by St. Gerard Catholic Church and is adjacent to the church's main campus, which is a separate parcel zoned IN. This parcel is currently being used as a parking lot by the church. The parcel is located on Hanover Avenue NW and is approximately one block north of Orange Avenue. The parcel consists of approximately 0.09 acres. There are no structures on this parcel and it is currently used as a parking lot. The church intends to continue using this parcel for that purpose. Tax parcel 2031508 is located on Hanover Avenue and adjoins parcel 2031509. Parcel 2031508 is currently owned by Wanda G. Spraggins and is also adjacent to the church's main campus, which is a separate parcel zoned IN. The church is looking to acquire parcel 2031508 from Ms. Wanda G. Spraggins. This parcel is currently under contract, scheduled to close on /or about November 27, 2018. This parcel consists of approximately 0.07 acres. Located on this site is a + /- 1,OOOsf. vinyl- sided, single- family structure estimated to have been built in or around 1946. The improvement on this parcel is currently vacant. The church intends to use this parcel as an extension of the church to be used for overflow meeting space and classrooms. Justification: The approval to rezone the two parcels to (IN) would allow for the continued growth of the church and the expansion of their many outreach programs. There is a need for the church to make additional meeting and classroom space available to meet the needs of its members. Also, rezoning would place all the church's facilities under one consistent zoning designation. Having one single zoning designation allows for zoning continuity. Effect on the surrounding neighborhood: The impact of rezoning these two parcels on the surrounding community should be minimal, but positive for everyone. The church intends to continue to utilize their main campus located on 809 Orange Avenue for worship services and most of their activities. They plan to continue using parcel 2031509 for church parking. Once they acquire the property beside their current parking lot, parcel 2031508, they will use the existing structure as it is, and it will provide them added meeting space and classrooms for their outreach programs. St. Gerard's Community Life program has a focus on social activities and events for all ages living in the community. Their purpose is to foster a sense of belonging to the church, their community and to enhance getting involved by knowing one another in a social environment. Enhancement of this program will directly benefit the community and improve the quality of life for all residents living nearby. The church's grounds and all their properties are neatly and regularly maintained by an internal ground and building maintenance committee. Availability of similarly zoned properties: At this time, there are no other suitable properties zoned IN that meet the church's needs. Relationship of rezoning request to the City's neighborhood plan: The Future Land Use plan for the Harrison/Washington Park area specifies how future development should take place. Zoning is the principal tool that is used to implement the future land use plan. Some of the current zoning is not consistent with the future land use plan, so the plan recommends changes in zoning so that future development will be consistent with the future land use plan. The City's plan aims to support, retain, and expand businesses that are compatible with neighborhood character and scale. The City's plan also encourages neighborhood churches to coordinate efforts to improve the quality and range of outreach services. St. Gerard's Catholic Church has been an integral part of the Harrison/Washington Park neighborhood for over 70 years. The church not only provides a place to worship for a diverse population living nearby, it also provides necessary meeting space for numerous community outreach programs which directly benefit the families living and working in this area. 9001,: ., �OZ peek " Coe LoelcoZ g09lCoe SR.:, 001 coZ -.w £ zzlC0z, � Pool£OZ spzt, CoZ zzzt£pz Logt Co z,. £001coz gpZlEoZ tzZi£0Z 90gd� , oe '{ ZOpI �oz'� v Pozlg0z t} ., OZZtCOZ. 509tC0Z 6 W JJ0uoteo? "C.uZ,:a �zl00pZ wel,[oeoz w n raj ac £ N zlo0z post o ZpZI�pZ , 0091 r a �OZ et Coe loZtCOZ `.1, Z09t£o, a ZL -is Hlg"' �«�, � < l t og cOZ i o • ttlC0z W v 60t1£OZ gllGepZ 60 st£OZ 80l �0 LCOZ.� 8 ps t�pZ OX 9pZozlZ "' %tilzpzZ I a W z ❑ 0 z ai co a o c a 3N V C LQ °> -E p � W D LL ii O Q M M m C3 °' a° c m ?' 2 u, v, O N r C1 a N a°i c7 i z d c d m m m y d m LL m lL LL c o "O c o "O € a m �w ' x m C N 7 U `y i 2 N O ❑ 7 -O w y 4) C �3, U 25 L< C ,C Q' Q N C C C C C � 3 @ N 10 O O E O O E 'E -0 < Q w ' Q ' O O CD Z co N Q N LN L ❑ C CO N Q C Q U U U ❑ Z z a Q d 2 U ® N 1� ® ®� ; w �O o r` Adjoining Property Owners for 804 and 806 Hanover Avenue, N.W. (Official Tax Map Nos. 2031509 and 2031508) TAXID MailAddress MailCity State Zip LocalAddress LocalCity LocalZip Ownerl 2031117 1588 DEBORAH LN SALEM VA 24153 0 HANOVER AV NW ROANOKE KEATON ANTHONY EUGENE 2031118 1588 DEBORAH LN SALEM VA 24153 805 HANOVER AVE NW ROANOKE 24016 KEATON ANTHONY EUGENE 2031119 801 HANOVER AVE NW ROANOKE VA 24016 801 HANOVER AVE NW ROANOKE 24016 KEELING SHENELLE D 2031217 735 HANOVER AVE NW ROANOKE VA 24016 735 HANOVER AVE NW ROANOKE 24016 PALMABENITEZ CLAUDIA M 2031507 810 HANOVER AVE NW ROANOKE VA 24017 810 HANOVER AVE NW ROANOKE 24016 MILLER HELEN L 2031508 4492 ANTELOPE LN CHARLOTTE NC 28269 806 HANOVER AVE NW ROANOKE 24016 SPRAGGINS WANDA GAIL 2031509 809 ORANGE AVE NW ROANOKE IVA 124016 0 HANOVER AV NW ROANOKE MOST REV. WALTER F SULLIVAN THE 2031515 809 ORANGE AVE NW ROANOKE IVA 1240161809 ORANGE AVE NW ROANOKE 24016 MOST REV. WALTER F SULLIVAN THE 2031601 809 ORANGE AVE ROANOKE IVA 124016 10 HANOVER AV NW IROANOKE I I BISHOP OF THE ROMAN CATHOLIC DIOCESE STEPHANIE M. MOON REYNOLDS, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerk(n�roanokeva.gov October 29, 2018 The Reverend Ken Shuping, Pastor St. Gerard Catholic Church 809 Orange Avenue, N. W. Roanoke, Virginia 24016 Dear Reverend Shuping: CECELIA F. MCCOV Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk A public hearing has been advertised to be heard by the City Planning Commission on Monday, November 12, 2018 at 1:30 p.m., in the EOC Conference Room, Room 159, First Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request of St. Gerard Catholic Church to rezone property located at 804 and 806 Hanover Avenue, N.W., respectively, from Residential Mixed Density District to Institutional District, subject to certain proffered conditions. (See copy of the Public Hearing Notice attached.) Pursuant to provision of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing also has been scheduled to be held on Monday, November 19 at 7:00 p.m. before the Roanoke City Council in the Council Chamber, pending formal action by the City Planning Commission, which may be viewed on the City's webpage, www.roanokeva.gov, under "Roanoke Planning Commission News ", following its meeting on November 12. If you have questions regarding the Planning Commission public hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540) 853 -1730. Questions regarding the City Council public hearing may be directed to the City Clerk's Office at (540) 853 -2541. incere , hod Stephanie M. Moon Reyn Ids 'v City Clerk Enclosure c: Wanda G. Spraggins, 4492 Antelope Lane, Charlotte, North Carolina 28269 The Most Reverend Walter F. Sullivan, Bishop of the Roman Catholic Diocese, 809 Orange Avenue, N. W., Roanoke, Virginia 24016 STEPHANIE M. MOON REYNOLDS, MMC City Clerk Anthony Eugene Keaton Shenelle D. Keeling Claudia M. Palmabenitez Helen L. Miller Ladies and Gentlemen: CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerk(a?roanokeva.gov October 29, 2018 CECELIA F. MCCOY Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk A public hearing has been advertised to be heard by the City Planning Commission on Monday, November 12 at 1:30 p.m., in the EOC Conference Room, Room 159, First Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request of St. Gerard Catholic Church to rezone property located at 804 and 806 Hanover Avenue, N.W., respectively, from Residential Mixed Density District to Institutional District, subject to certain proffered conditions. (See copy of the Public Hearing Notice attached.) Pursuant to provision of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing also has been scheduled to be held on Monday, November 19 at 7:00 p.m. before the Roanoke City Council in the Council Chamber, pending formal action by the City Planning Commission, which may be viewed on the City's webpage, www.roanokeva.gov, under "Roanoke Planning Commission News ", following its meeting on November 12. This letter is provided for your information as an interested party and/or adjoining property owner. If you have questions regarding the Planning Commission public hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540) 853 -1730. Questions regarding the City Council public hearing may be directed to the City Clerk's Office at (540) 853 -2541. Sincerely, - t) l Stephanie M. Moon Reyn ds. City Clerk Enclosure IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of November, 2018. No. 41319 - 111918. AN ORDINANCE authorizing the proper City officials to execute a Contract for Purchase and Sale of Real Property ( "Contract ") between the City of Roanoke, Virginia ( "City "), and CarMax Auto Superstores, Inc., ( "Buyer "), to sell to Buyer approximately 11.813 acres of City -owned property located at 2839 Peters Creek Road, N.W., Roanoke, Virginia, 2903 Peters Creek Road, N.W., Roanoke, Virginia, and 0 Peters Creek Road, N.W., Roanoke, Virginia, being designated as Official Tax Map Nos. 6410104, 6410105, and 6410106 respectively, upon certain terms and conditions; authorizing the City Manager to execute such further documents and take such further actions as may be necessary to accomplish the above matters; and dispensing with the second reading of this Ordinance by title. WHEREAS, a public hearing was held on November 19, 2018, pursuant to Section 15.2- 1800 and Section 15.2 -1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such conveyance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to execute a Contract, substantially similar to the Contract attached to the City Council Agenda Report dated November 19, 2018, to sell to Buyer approximately 11.813 acres of City -owned property, located at 2839 Peters Creek Road, N.W., Roanoke, Virginia, 2903 Peters Creek Road, N.W., Roanoke, Virginia, and 0 Peters Creek Road, N.W., Roanoke, Virginia, being designated as Official Tax Map Nos. 6410104, 6410105, and 6410106 respectively ( "Premises "), for the purchase price of $1,050,000.00, upon certain terms and conditions, as more particularly set forth in the above - mentioned Agenda Report. 1 2. The City Manager is further authorized to execute such further documents, including a Special Warranty Deed of Conveyance for the transfer of the Premises to Buyer in accordance with the terms of the Contract, and take such further actions as may be necessary to implement, administer, and enforce the Contract, and complete the sale and transfer of the Premises to Buyer. 3. The City Manager is further authorized on behalf of the City to negotiate and execute such further documents and take such further actions related to this matter and as may be necessary to implement, administer, and enforce the conditions and obligations that must be met by Buyer pursuant to the Contract. 4. The form of the documents referred to above and in the November 19, 2018 City Council Agenda Report are to be approved by the City Attorney, 5. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: City Clerk. 2 To: Honorable Mayor and Members of City Council Meeting: November 19, 2018 Subject: Sale of Approximately 11.813 Acres of City -owned Property located at 2839 Peters Creek Road, N.W., 2903 Peters Creek Road, N.W., and 0 Peters Creek Road, N.W., bearing Official Tax Map Numbers 6410104, 6410105 and 6410106 respectively Background: The City of Roanoke is proposing to sell approximately 11.813 acres of land located at 2839 Peters Creek Road, N.W., 2903 Peters Creek Road, N.W., and 0 Peters Creek Road, N.W., bearing Official Tax Map Numbers 6410104, 6410105 and 641 0106 respectively (Property) to Carmax Auto Superstores, Inc., a Virginia Corporation organized and exiting under the laws of the Commonwealth of Virginia or its permitted assigns (Buyer). The Buyer proposes to pay $1,050,000 for the Property for the purpose of constructing an automobile dealership. Buyer will have a 90 day due diligence period after the execution of the Contract for Purchase and Sale of Real Property (Contract), and shall not be obligated to purchase the Property without successfully obtaining a final approval from the City of Roanoke to rezone the Property to an appropriate zoning district that permits the construction of the use contemplated by the Contract on the Property, and receiving necessary site development and related permit approvals. The Buyer has 240 days after completion of its due diligence to obtain such permits and approvals. The Buyer may extend this approval period for 90 additional days. Barring any extension granted by the City, Closing on the Property sale will take place no later than February 1, 2020, and proceeds from the sale will be placed in the Stabilization Reserve. Recommended Action: Authorize the City Manager to execute the Contract and all other documents necessary for the sale of approximately 11.813 acres of City -owned Property located at 2839 Peters Creek, N.W. 2903 Peters Creek Road, N.W. and 0 Peters Creek Road, N.W. to Carmax Auto Superstores, Inc., including a special warranty deed. The Contract, the special warranty deed, and all other documents are to be approved as to form by the City Attorney. Robert S. Cowell, ,Jr. City Manager Attachment Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager Rob Ledger, Acting Director, Economic Development Amelia C. Merchant, Director of Finance Cassandra L. Turner, Economic Development Specialist Laura M. Carini, Assistant City Attorney 2 CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY This Contract For Purchase and Sale of Real Property (Contract) is dated ' 2018, by and between the CITY OF ROANOKE, VIRGINIA, a Virginia municipal corporation with an address of 364 Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011 ( "Seller "), and CARMAX AUTO SUPERSTORES, INC., a corporation organized and existing under the laws of the Commonwealth of Virginia, or its permitted assigns, with an address of 12800 Tuckahoe Creek Parkway, Richmond, Virginia 23238 ( "Buyer "). RECITALS: WHEREAS, Seller is desirous of selling certain real property together with any improvements thereon, located at 2839 Peters Creek Road, N.W., 2903 Peters Creek Road, N.W. and 0 Peters Creek Road, N.W., Official Tax Map Nos. 6410104, 6410105, and 6410106 respectively, an approximate aggregate total acreage of 11.813 acres (collectively, and together with all Improvements (as defined below), referred to hereafter as the "Property ") to Buyer and Buyer is desirous of acquiring such Property upon the terms and conditions set forth below; WHEREAS, the Buyer represents to the Seller that the Buyer is desirous of purchasing the Property for the intended purposes as set forth in a document entitled "CarMax Proposal," ( "Buyer's Proposal ") and dated August 15, 2018, which is incorporated herein by reference; and WHEREAS, Seller will sell the Property to Buyer provided Buyer fully complies with certain terms and conditions as set forth in this Contract and if Buyer fails to comply with such terms and conditions, Buyer shall be liable to Seller for the amount set forth hereinafter or for such other remedies available to the Seller as set forth in this Contract or by law. THEREFORE, for and in consideration of the mutual covenants and conditions herein set forth, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the parties hereto, Seller and Buyer hereby agree the above recitals are hereby incorporated into this Contract and that they further agree as follows: SECTION 1. DEFINITIONS. Unless the context otherwise specifies or requires, for the purpose of this Contract, the following terms shall have the meanings set forth in this Section: Buyer's Proposal or Proposals: Buyer's Proposal refers to the Buyer's planned construction of a building or buildings on the Property in which to provide a mix of retail, office, and auto cleaning services related to an automobile dealership, as set forth in a document entitled "CarMax Proposal" which is dated August 15, 2018, a copy of which is made a part hereof and marked as Exhibit 1. Closing: The consummation of this Contract, as more particularly described in Section 11. 1 Closing Date: The date provided for in Section 11 hereof for the Closing. Contemplated Use: Buyer intends to develop a portion of the Property for use as an automobile dealership offering an automobile sales operation. This use also includes the potential to develop the site as necessary to accommodate any additional dealership/brand operations and such other lawful uses as the Buyer may find appropriate. Days: Unless otherwise stated, this term means consecutive calendar days. Effective Date: The date listed in the first paragraph of this Contract, which shall be the date this Contract is signed by Seller and delivered to Buyer. Improvements: Any and all improvements, and all appurtenances thereto, located on the Property at the time of Closing. Project: This term means and includes the development of the Property necessary to house operations for an automotive dealership offering an automobile sales operation, all in accordance with the terms and provisions of this Contract. Property:, The property, together with any Improvements thereon, located at 2839 Peters Creek Road, N.W., 2903 Peters Creek Road, N.W. and 0 Peters Creek Road, N.W., Official Tax Map Nos. 6410104, 6410105, and 6410106 respectively, an approximate aggregate total acreage of 11.813 acres, three properties being depicted on the plat by Balzer and Associates, Inc. dated March 7, 2018, and attached to this Contract as Exhibit 2, and made a part hereof. Title Commitment: A commitment for title insurance in favor of Buyer for the Property to be issued by the Title Company. Title Company: First American Title Insurance Company. SECTION 2. PURCHASE AND SALE OF PROPERTY. A. Seller agrees to sell the Property to Buyer, and Buyer agrees to purchase the Property from Seller, upon all the terms, covenants, and conditions set forth in this Contract. B. The purchase price for the Property ( "Purchase Price ") shall be One - Million Fifty Thousand and No /100 Dollars ($1,050,000.00) payable by wire transfer from Buyer at Closing as more fully set forth in Section 11. 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, the Seller, as of the Closing, shall have complied with the Seller's representations and warranties in Section 10 of this Contract, and the fulfillment to the Buyer's reasonable satisfaction of the Seller's delivery into escrow for the benefit of Buyer on the Closing Date of the documents described in this Contract. As a condition precedent to Seller's obligation to sell the 2 Property or otherwise perform any obligations provided for in this Contract, the Buyer, as of the Closing, shall have complied with the 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. In the event Closing has not occurred through no fault of the Seller on or before the Closing Date, the Seller, at its sole election, by written notice given to the Buyer, may terminate this Contract. Seller, at its sole option, may also by written notice to Buyer give Buyer an additional amount of time from the Closing Date in which to deliver the Purchase Price and proceed with Closing. If Closing has not occurred within such additional time period through no fault of the Seller, this Contract shall automatically be terminated without any further action. In the event of any termination as set forth above, this Contract shall be deemed terminated and of no further force and effect. D. Buyer shall have 90 Days after the Effective Date as a Feasibility Period ( "Feasibility Period ") 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 as Buyer deems necessary or advisable (collectively, "Investigations ") to determine whether there exist any issues with that would prevent or increase the cost of Buyer's intended use of the Property. Should Buyer in Buyer's sole discretion determine during such Feasibility Period for any reason that the Property is not suitable for use by the Buyer for the Contemplated Use, Buyer shall notify the Seller in writing as soon as reasonably possible, but in no event later than five (5) Days after the end of such Feasibility Period, of Buyer's decision to terminate the Contract. In such case, this Contract shall thereupon be terminated and of no further force and effect, unless Seller and Buyer mutually agree to modify this Contract to address any issues discovered by Buyer. E. In connection with the Buyer's ability to conduct the Investigations mentioned above, the Seller hereby grants to Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives, and consultants, a revocable right to enter upon the Property at any time during the Feasibility Period, upon one (1) working day prior telephonic or electronic mail notice to Seller's representative, who is , with a telephone number of and an electronic mail address of in order to conduct Investigations of the Property upon the following terms and conditions: (i) If the Buyer exceeds its rights granted under this Section or fails to obtain and maintain the insurance required by this Section 3, the Seller may revoke this right of entry upon one (1) working day prior telephonic or electronic mail notice to Buyer's representative, who is Keith Henderson, with a telephone number of 804 - 747 -0422 x4827 and an electronic mail address of keith—w—henderson@can-nax.com. 3 (ii) 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. Buyer shall, at its sole cost, promptly and fully restore any land disturbed by the exercise of the rights under this Section 3 to a condition substantially equal to that existing immediately prior to entry on the Property (subject to minor clearing of vegetation reasonably necessary for the performance of the Investigations). (iii) Buyer agrees and binds itself and its successors and assigns to indemnify, keep and hold the Seller and its officers, agents, employees, volunteers, and representatives free and harmless from any and all liability, claims, causes of action, costs and damages of any type, including attorney's fees (collectively, "Claims "), on account of any injury or damage of any type to any person or property growing out of or directly or indirectly resulting from any act or omission of Buyer including, but not limited to, Buyer's use of the Property prior to Closing in violation of any provision of this Contract or the exercise of any right or privilege granted by or under this Section 3; provided, however, that such indemnity shall not extend to any Claims arising primarily from the negligence or intentional misconduct of one or more of Seller or its officers, agents, employees, volunteers, and representatives. In the event that any suit or proceeding shall be brought against the Seller or any of its officers, employees, agents, volunteers, or representatives, at law or in equity, either independently or jointly with Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, on account of any Claim to which Buyer's indemnity applies, Seller shall provide Buyer with notice of such suit or proceeding and Buyer, upon notice given to it by the Seller or any of its officers, employees, agents, volunteers or representatives, will pay all costs of defending Seller or any of its officers, employees, agents, volunteers or representatives, as applicable, in any such action or other proceeding. In the event of any settlement or any final judgment being awarded against the Seller or any of its officers, employees, agents, volunteers or representatives, either independently or jointly with Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, in any such suit or proceeding regarding any Claim to which Buyer's indemnity under this clause (iii) applies, then Buyer will pay such settlement or judgment in full or will comply with such order or decree (to the reasonably possible), will pay all costs and expenses incurred in connection with such Claim by Seller or its officers, employees, agents, volunteers or representatives, including attorney's fees, and hold the Seller or any of its officers, employees, agents, volunteers or representatives harmless therefrom. (iv) Buyer shall, at its sole expense, obtain and maintain, and have its contractors or representatives obtain and maintain, the insurance set forth below. Any required insurance shall be effective prior to the beginning of any Investigations. The following policies and coverages are required: (a) Commercial General Liability. Commercial General Liability insurance or its equivalent, written on an occurrence basis, shall insure against all Claims from loss of life or damage or injury to persons or property arising out of Buyer's acts or omissions. The minimum limits of liability for this coverage shall be $1,000,000 combined single limit for any one occurrence. (b) Contractual Liabilitv. Coverage for Contractual Liability as defined by terms in the policy. (c) Workers' Compensation. If applicable, Workers' Compensation insurance covering Buyer's statutory obligation under the laws of the Commonwealth of Virginia and Employer's Liability insurance shall be maintained for all its employees engaged in work under Section 3. Minimum limits of liability for Employer's Liability shall be $100,000 bodily injury by accident each occurrence; $500,000 bodily injury by disease (policy limit); and $100,000 bodily injury by disease (each employee). With respect to Workers' Compensation coverage, the insurance company shall waive rights of subrogation against the Seller and its officers, agents, employees, volunteers, and representatives. (d) Automobile Liabilitv. The minimum limit of liability for Automobile Liability Insurance shall be $1,000,000 combined single limit applicable to owned or non -owned vehicles used in the performance of any work under this Section 3 and shall be written on an occurrence basis. (v) The insurance coverages and amounts set forth above may be met by an umbrella liability policy following the form of the underlying primary coverage in a minimum amount of $1,000,000. Should an umbrella liability insurance coverage policy be used, such coverage shall be accompanied by a certificate of endorsement stating that it applies to the specific policy numbers indicated for the insurance providing the coverages required by this section, and it is further agreed that such statement shall be made a part of the certificate of insurance furnished by Buyer to the Seller. (vi) All insurance shall also meet the following requirements: (a) Buyer and /or its contractors, consultants and representatives shall furnish Seller with a certificate or certificates of insurance showing the type, amount, effective dates and date of expiration of the policies. All such insurance shall be primary and noncontributory to any insurance or self - insurance Seller may have. (b) Buyer shall immediately notify Seller in writing if any of the insurance policies or coverages required are canceled, and shall immediately replace such insurance and provide documentation of such to the Seller. (c) The required insurance policies and coverages, except as to Workers' Compensation and Employer's liability, shall name the Seller Parties as additional insureds. The certificate of insurance shall provide that Seller is an additional insured if required by contract. E (d) Intentionally deleted. (e) Any insurance company providing coverage hereunder shall be authorized to do business in the Commonwealth of Virginia, shall be financially stable, and have an A.M. Best's rating of A -VII, or better. F. Upon the request of Seller, Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, shall within a reasonable period of time after receipt of any preliminary or final survey, test results or conclusory reports and opinion statements, deliver copies of same to Seller. If Seller so requests, Buyer shall also turn over copies of raw data obtained and any laboratory and observation reports or analyses. Such copies of all the above shall be provided to Seller without charge. The provisions of this Subsection F shall not apply to proprietary information generated by Buyer, including but not limited to sales estimates, market studies, and information related to Buyer's building prototypes. G. Buyer shall have two hundred forty (240) Days (the "Permitting Period ") beginning from the conclusion of the Feasibility Period to obtain all public approvals necessary or desirable for the construction and operation of the Contemplated Use on the Property (collectively, "Permits "), including, but not limited to: zoning, site plan approval, subdivision, building permits, signage and other relevant items related to development of the Property at the sole cost and expense of the Buyer. Provided that Buyer has applied for and been diligently pursuing all such approvals Buyer shall have the one -time right, by advance written notice to Seller give at least ten (10) Days before expiration of the initial Permitting Period, to extend the Permitting Period by ninety (90) Days. If at any time during the Permitting Period, Buyer in Buyer's judgment believes that any Permit will be unavailable during the Permitting Period, or will be available subject to conditions unacceptable to Buyer in Buyer's sole discretion, then Buyer shall have the right to terminate this Contract upon written notice to Seller. H. Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, shall at all times comply with all applicable federal, state, and local laws, rules, and regulations governing Buyer's Investigations or Buyer's performance of its obligations under this Contract. Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, prior to exercising any rights under Section 3, shall obtain, at their cost, any and all required permits and /or licenses for any such work. SECTION 4. BUYER'S AND SELLER'S OBLIGATIONS. A. Seller agrees that it will do the following: (i) Seller agrees to sell to Buyer the Property. (ii) Seller will deliver to the Buyer a special warranty deed 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: 2 (i) Buyer shall purchase the Property from the Seller AS IS (except as otherwise provided in this Contract or in the documents delivered by Seller at Closing) and subject to all Permitted Exceptions, as defined below. Seller shall deliver the Property free of leases, occupancy agreements, parties in possession, and personal property, for the Purchase Price of One Million Fifty Thousand and No /100 Dollars ($1,050,000.00) and will make payment in accordance with the terms of this Contract. (ii) Buyer acknowledges and agrees that, at the time of Buyer's development of the Project, Buyer will construct underground stormwater retention facilities on the portion of the Property developed for use as the CarMax Auto Superstore, such obligation to survive Closing. (iii) Buyer acknowledges and agrees that Seller makes no representations or warranties with respect to the Property other than what is contained within this Contract or in the documents delivered by Seller at Closing. (iv) Buyer agrees that, except as otherwise provided in this Contract or in the documents delivered by Seller at Closing, Buyer is taking the Property in an AS IS condition without any warranties or representations from Seller, and that Buyer has had or will have sufficient opportunities to fully examine the Property and that the Buyer shall comply with all environmental and other laws related to Buyer's purchase and development of the Property. (v) Buyer shall promptly pay for all advertising costs and any related fees or costs incurred by Seller in complying with legal requirements that are prerequisites to Seller's execution of this Contract and the performance of Seller's obligations under this Contract, including, but not limited to costs for any advertisement of required public hearing(s). Such payments shall be made directly to the entity providing the advertising or other service, or to the City, as the City may direct. SECTION 5. COMPLIANCE WITH LAWS. Buyer agrees to and shall comply with all applicable federal, state, and local laws, ordinances, and regulations, including all applicable licensing requirements, related to the purchase of the Property or the development thereof. Buyer further agrees that Buyer does not, and shall not during the performance of this Contract, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986. SECTION 6. ASSIGNMENT. Except to another subsidiary of CarMax Inc., a Virginia corporation, which is Buyer's parent corporation, Buyer agrees not to assign or transfer any part of this Contract without the prior written consent of Seller, which will not be unreasonably withheld, and any such assignment shall not relieve Buyer from any of its obligations under this Contract. SECTION 7. INDEMNITY. 7 Buyer agrees to indemnify and hold harmless the Seller and its officers, directors, and employees free and harmless for and from any and all Claims on account of any injury or damage of any type to any persons or property, growing out of or directly or indirectly resulting from any act or omission of Buyer or its agents, employees, contractors, or representatives in the exercise of rights granted to Buyer under this Contract. The indemnity under this Section 7 shall not, however, extend to any Claims arising primarily from the negligence or intentional misconduct of one or more of Seller or its officers, agents, employees, volunteers, and representatives. SECTION 8. FORUM SELECTION AND CHOICE OF LAW. By virtue of entering into this Contract, Buyer agrees and submits itself to a court of competent jurisdiction, which shall be the Circuit Court or General District Court for City of Roanoke, Virginia, and further agrees this Contract is controlled by the laws of the Commonwealth of Virginia, with the exception of Virginia's conflict of law provisions which shall not apply, and that all claims, disputes and other matters shall be decided only by such court according to the laws of the Commonwealth of Virginia as aforesaid. Buyer further waives and agrees not to assert in any such action, suit or proceeding, that it is not personally subject to the jurisdiction of such courts, that the action, suit or proceeding, is brought in an inconvenient forum or that the venue of the action, suit or proceeding, is improper. SECTION 9. EASEMENTS. In connection with Buyer's applications for Permits, Buyer promises and agrees to grant and dedicate to the Seller and /or the Western Virginia Water Authority all reasonably necessary easements on the Property for the construction, operation, maintenance, and repair of infrastructure improvements needed for or benefiting the Property or surrounding areas, including, but not limited to, storm drainage, sanitary sewers, and /or water, all at no cost to the Seller and /or the Western Virginia Water Authority. Any such easement shall not materially and adversely interfere with Buyer's proposed development, and must be approved by Buyer's engineers and surveyors. Notwithstanding the foregoing, Buyer accepts the Property with all Permitted Exceptions, including existing storm drains, sanitary sewers, and /or water lines and all utility easements (the "Existing Rights and Easements "). Unless Buyer and Seller agree otherwise, Buyer shall be solely responsible for all costs associated with any relocation of Existing Rights and Easements which may be required to accommodate the Buyer's proposed development. SECTION 10. COVENANTS AND WARRANTIES. A. Subject to any representations and warranties contained elsewhere in this Contract or in the documents delivered by the Seller at Closing, Seller warrants and represents that Seller will, except as otherwise provided in this Contract and in the documents delivered by Seller at Closing, convey title to the Property in an AS IS condition and subject to any items of record and any matters disclosed by the survey to be completed by Buyer. B. The Seller 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. (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. (iv) Leases. A portion of the Property identified as 2839 Peters Creek Road, N.W., Official Tax No. 6410104, is leased to Magic Star Auto Sales, Inc. ( "Tenant "). The lease provides Seller the right as landlord to terminate the lease upon 90- days' written notice of termination, which termination is followed by a 60 -day period for removal of all Tenant property from the premises. Seller will provide a written notice of termination to the Tenant within 5 business days after Buyer successfully receives rezoning of the Property, and will diligently pursue the removal of the Tenant from the Property. The failure of Tenant to vacate within the time period does not constitute a default of Seller, and termination of this Agreement is the sole recourse and remedy of the Buyer. (v) Access. Ingress to and egress from the Property is available and provided by Peters Creek Road. SECTION 11. TITLE AND CLOSING. A. During the Feasibility Period, Buyer will have the right by written notice to Seller to raise objections to the title to the Property or to matters shown on the Survey ( "Title Objections "). Seller shall have no obligation to cure any Title Objections, but Seller shall notify Buyer in writing (such writing, the "Title Response Letter ") within fifteen (15) days after receipt of Buyer's Title Objections which, if any, Title Objections Seller agrees to cure. Seller agrees cure those Title Objections Seller identifies in the Title Response Letter as Title Objections Seller is willing to cure ( "Seller Cure Items "). If Seller declines to cure one or more Title Objections, Buyer will have the right within ten (10) days after Buyer's receipt of the Title Response Letter to terminate this Agreement. At Closing, the Property, in accordance with the Survey, shall be conveyed by Seller to Buyer by Special Warranty Deed (the "Deed ") in an AS IS condition, but with Seller Cure Items cured, subject to the following (collectively, "Permitted Exceptions "): (i) Ad valorem real property taxes for the current year, not yet due and payable, stormwater utility fees, for the current year, not yet due and payable, and solid waste fees, for the current year, not yet due and payable; (ii) Those matters of title to which Buyer has not objected in writing, and Title Objections Seller has refused to cure; 9 (iii) Those matters reflected on the Survey to which Buyer has not objected in writing, and matters reflected on the Survey to which Buyer has objected but which Seller has refused to cure; (iv) Except for Seller Cure Items, easements and other restrictions of record as of the date of execution of this Contract by Seller; (v) Except for Seller Cure Items, liens and objections shown on the Title Commitment; and (vi) Those items and matters set forth in this Contract, and the obligations and undertakings of Buyer in this Contract, that expressly survive Closing. B. Delivery of title in accordance with the foregoing shall be evidenced by the willingness on the Closing Date of the Title Company to issue, upon payment of its normal premium, to Buyer its A.L.T.A. (Form B) Owner's Policy of Title Insurance (the "Title Policy ") insuring Buyer in the amount of the Purchase Price in respect to the Property and that title to the Property is vested in Buyer subject only to the Conditions of Title. C. Provided all conditions under Section 3 have been satisfied, Buyer and Seller shall consummate and complete the Closing of this transaction on the date (the "Closing Date ") that is thirty (30) Days after (i) Buyer's receipt of its Permits, and (ii) vacation of the Property by the Tenant under the lease as described in Section 10.B.(iv) of this Contract. Notwithstanding the other provisions of this Subsection C, (I) if this Agreement is not sooner terminated, Closing shall occur no later than February 1, 2020, and (II) if the Tenant has not vacated the Property by the date that is one hundred twenty (120) days after Buyer's receipt of its Permits, Buyer will have the right to terminate this Agreement by written notice to Seller and termination of this Agreement is the sole recourse and remedy of the Buyer in such event. D. The purchase and sale of the Property shall be closed (the "Closing ") by the Title Company through escrow arrangements consistent with the requirements of this Contract on the Closing Date, or at such other location, date, and time as shall be approved by Buyer and Seller. (i) On the Closing Date, Seller shall deliver into escrow with the Title Company the following documents: (a) Its duly executed and acknowledged Special Warranty Deed conveying to Buyer the Property in accordance with the provisions of this Contract; (b) A mechanic's lien affidavit executed by a representative of Seller, satisfactory to the Title Company, and to the effect that no work has been performed on the Property by Seller in the one hundred twenty -five (125) Days immediately preceding the Closing Date that could result in a mechanic's lien claim, or, if such work has been performed, it has been paid for in full, that the Property is free of tenants and parties in possession, and addressing such other matters as are customarily 10 addressed in owner's affidavits delivered by sellers of commercial property in Virginia; (c) Such evidence and documents including, without limitation, a certified copy of the ordinance adopted by the Seller, as may reasonably be required by the Title Company evidencing the authority of the person(s) executing the various documents on behalf of Seller in connection with its sale of the Property; (d) A duly executed counterpart of a Closing Statement; and (e) Any other items required to be delivered pursuant to this Contract. E. At Closing, real property taxes (if any), stormwater utility fees, and solid waste fees shall be prorated, with Buyer being responsible for the date of Closing and all periods thereafter. F. Buyer shall pay for (i) the cost of all Investigations of the Property including but not limited to examination of title and title insurance premiums for issuance of the Title Policy; (ii) all attorney's fees and expenses incurred by legal counsel to Buyer; and (iii) any Grantee's tax and recording costs required to be paid in connection with the recording of the Deed. G. Seller shall pay the Grantor's tax, if any, and the expenses of legal counsel for Seller, if any. H. Exclusive possession of the Property shall be delivered to Buyer on the Closing Date, and the Property will be delivered free of all personal property of the Tenant. I. At Closing, Buyer shall deliver the Purchase Price and the costs for which Buyer is responsible into escrow with the Title Company, for delivery to Seller or the other parties entitled thereto, upon recording of the Deed. SECTION 12. 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 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 Closing Date, Seller shall credit, assign, transfer, and set over to Buyer all of the right, title, and 11 interest of Seller in and to any awards that have been or that may thereafter be made for any such taking or takings, or conveyance in lieu thereof. SECTION 13. 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. If the Property is substantially damaged or destroyed before Closing by such casualty, then Buyer may cancel this Contract by giving Seller thirty (30) Days' written notice of such cancellation and neither party will have any further obligations to the other. SECTION 14. DEFAULT. If Buyer defaults hereunder, Seller shall have all remedies available to it at law or in equity, including, without limitation, the right to terminate this Contract and recover from Buyer all costs and expenses incurred by Seller in connection with Seller's negotiation, administration, and performance under the Contract, which amounts Buyer will pay to Seller within thirty (30) days after written demand from Seller accompanied by reasonable evidence of such costs and expenses. If Seller defaults hereunder, Buyer shall have all remedies available to it at law or in equity, including, without limitation, specific performance. SECTION 15. COMMISSIONS. Buyer will be responsible for paying a brokerage commission under this Contract to Cushman & Wakefield IThalhimer (the "Broker ") if and when Closing occurs, in accordance with a separate written agreement between Buyer and Broker. Seller and Buyer each warrant and represent to the other that (except with respect to the Broker), such party's sole contact with the other or with the Property regarding this transaction has been directly between themselves and their employees. Seller and Buyer each warrants and represents to the other that, except for the Broker, no person or entity can properly claim a right to a commission, finder's fee, or other compensation based upon contracts or understandings between such claimant and Buyer or Seller with respect to the transaction contemplated by this Contract. Buyer agrees to pay any commission, finder's fee, or other compensation owed to a person or entity other than Broker, where such commission, finder's fee, or other compensation is based upon Buyer's contracts or understandings. SECTION 16. NOTICES. All notices hereunder must be in writing and shall be deemed validly given, by personal service, if sent by certified mail, return receipt requested, or by a nationally recognized overnight courier, addressed as follows (or any other address the party to be notified may have designated to the sender by like notice): If to Seller: City of Roanoke, Virginia ATTN: City Manager 364 Noel C. Taylor Municipal Building 12 215 Church Avenue, SW Roanoke, Virginia 24011 Fax No. 540- 853 -2333 With a Copy to: Assistant City Manager for Community Development City of Roanoke 364 Noel C. Taylor Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 Fax No. 540- 853 -2333 If to Buyer: CarMax Auto Superstores, Inc. 12800 Tuckahoe Creek Parkway Richmond, VA 23238 ATTN: Vice President of Real Estate Email: keith henderson@carmax.com With a copy to: CarMax Auto Superstore, Inc. 12800 Tuckahoe Creek Parkway Richmond, VA 23238 Attn: Legal Department Email: tommy_miller @carmax.com Notice shall be deemed delivered upon the date of personal service, two days after deposit in the United States mail, or the day after delivery to a nationally recognized overnight courier. SECTION 17. TIME. Time is of the essence in the parties' respective obligations under this Contract. SECTION 18. 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 19. COUNTERPART COPIES, DELIVERY. This Contract may be executed in two or more counterparts, and all such counterparts so executed shall constitute one Contract binding on all of the parties hereto, notwithstanding that all of the parties are not signatory to the same counterpart. Delivery of this Contract by electronic means shall constitute personal delivery, and signed electronic copies of this Contract shall be admissible as signed originals. SECTION 20. 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 13 resolved against the drafting party shall not be employed in the interpretation of this Contract or any amendments or exhibits hereto. SECTION 21. 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. The provisions of Sections 3.E(ii) and 3.E(iii) (indemnity and repair obligations), Section 4.B.ii (post- closing obligation) and Section 7 (Indemnity) survive Closing. SECTION 22. COOPERATION. Each party agrees to cooperate with the other in a reasonable manner to carry out the intent and purpose of this Contract. Such cooperation shall not include the obligation of any party to incur expense to accomplish tasks assigned to the other party hereunder. SECTION 23. 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 24. NONWAIVER. Each party agrees that any party's waiver or failure to enforce or require performance of any term or condition of this Contract or any party's waiver of any particular breach of this Contract by any other party extends to that instance only. Such waiver or failure is not and shall not be a waiver of any of the terms or conditions of this Contract or a waiver of any other breaches of the Contract by any party and does not bar the 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 25. FAITH BASED ORGANIZATIONS. Pursuant to Virginia Code Section 2.2.4343.1, be advised that the City does not discriminate against faith -based organizations. SECTION 26. CONFLICT BETWEEN PLANS AND CONTRACT TERMS. Seller and Buyer agree that the provisions of the plans and other documents provided by Buyer to Seller in the Buyer's Proposal are intended to be consistent with the terms of this Contract. However, if any of Buyer- supplied documents and /or such plans are in conflict with the terms of this Contract, the parties agree that the terms of this Contract shall control, unless the parties mutually agree otherwise in a writing signed by both parties. 14 SECTION 27. NONDISCRIMINATION. During the performance of this Contract and only with respect to work performed in connection with this Contract and the Property, Buyer agrees as follows: A. Buyer will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Buyer. Buyer agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. B. Buyer in all solicitations or advertisements for employees placed by or on behalf of Buyer will state that Buyer is an equal opportunity employer. C. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. D. Buyer will include the provisions of the foregoing in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. This obligation terminates at Closing. SECTION 28. DRUG-FREE WORKPLACE. During the performance of this Contract and only with respect to work performed in connection with this Contract and the Property, Buyer agrees to (i) provide a drug -free workplace for Buyer's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of Buyer that Buyer maintains a drug -free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this section, "drug -free workplace" means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract. This obligation terminates at Closing. 15 SECTION 29. COMPLIANCE WITH STATE LAW; FOREIGN AND DOMESTIC BUSINESSES AUTHORIZED TO TRANSACT BUSINESS IN THE COMMONWEALTH OF VIRGINIA. Buyer shall comply with the provisions of Virginia Code Section 2.2- 4311.2, as amended, which provides that a contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 or as otherwise required by law. Buyer shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the Contract. Seller may void the Contract if Buyer fails to remain in compliance with the provisions of this section. SECTION 30. APPROPRIATION OF FUNDS. All obligations for fundings undertaken by Seller in connection with this Contract are subject to the availability of funds and the appropriation of such funds by City Council as may be necessary for such obligations or funding. If any such funding is not approved, withdrawn, or otherwise not made available for this Contract, with the result that Seller is unable to perform its obligations under this Contract, Seller shall provide Buyer with written notice of such unavailability of funding. SECTION 31. FORCE MAJEURE. Neither party shall be in default or otherwise liable for any delay in or failure of its performance under this Contract if such delay or failure arises by any reason beyond its reasonable control, including any act of God, any acts of common enemy, the elements, earthquakes, floods, fires, epidemics, riots, strikes, failures or delay in transportation or communication, shortages of material, approval delays or any act or failure to act by the other party or such other party's employees, agents or contractors; provided, however, that lack of funds shall not be deemed to be a reason beyond a party's reasonable control. The Parties shall promptly inform and consult with each other as to any of the above causes which in their judgment may or could be the cause of a delay in the performance of this Agreement. For purposes of this Contract, any one (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 32. ENTIRE CONTRACT. This Contract, together with the exhibits hereto, contains all representations and the entire understanding between the parties hereto with respect to the subject matter hereof. Any prior 16 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. (SIGNATURE PAGE TO FOLLOW) 17 IN WITNESS WHEREOF, Buyer and Seller have executed this Contract by their authorized representatives. ATTEST: COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to -wit: CITY OF ROANOKE, VIRGINIA By Robert S. Cowell, Jr., City Manager The foregoing instrument was acknowledged before me this day of , 2018, by Robert S. Cowell, Jr., City Manager for the City of Roanoke, Virginia for and on behalf of said Municipal Corporation. My commission expires: ' To -Wit: Notary Public SEAL CARMAX AUTO SUPERSTORES, INC. Utz K. Douglass Moyers, Vice President of Real Estate The foregoing instrument was acknowledged before me this _day of , 2018, by K. Douglass Moyers the Vice President of Real Estate of CarMax Auto Superstores, Inc. a Virginia corporation for and on behalf of such entity. My commission expires: Notary Public SEAL Approved as to Form: Approved as to Execution: City Attorney City Attorney Authorized by Ordinance No. 19 EXHIBIT I CarMax Proposal Dated August 15, 2018 20 CARmaxU 12800 Tuckaboe. Creek Pnrkwny • Rirhmor:d, VA 23238 Keith Henderson CarMax Auto Superstores 12800 Tuckahoe Creek Parkway Richmond, VA 23238 8/15/2018 Rob Ledger Manager, Department of Economic Development City of Roanoke 117 Church Avenue, SW Roanoke, VA 24011 Dear Rob Ledger: I am pleased to submit our proposal to purchase the three adjoining parcels at 2903 Peters Creek Road, NW. CarMax is the nation's largest retailer of used cars and operates more than 190 stores in 41 states nationwide. CarMax revolutionized the auto industry by delivering the honest, transparent and high- integrity car buying experience customers want and deserve. For nearly 25 years, CarMax has made car buying more ethical, fair and stress -free by offering a no- haggle, no- hassle experience and an incredible selection of vehicles. I have included in this proposal a copy of our annual report outlining our financial results and other details about CarMax. Our website, CarMax.com is also a great resource for more information on the company_ After touring Roanoke we have decided it would be an ideal location for a CarMax store. The city owned site would be a great location due to its proximity to retail, other car dealerships, and accessibility to the greater Roanoke market. The proposed development consists of the construction of a CarMax pre -owned automobile dealership and a service building with associated access drives, parking lots and landscaped areas. With this letter I have included a conceptual site plan which outlines our development plans in greater detail. CarMax has over 190 primarily self - developed locations that have been completed with a mix of internal associates and outside consultants. We have national contracts with an architecture firm and development consultants but have engaged the services of a local engineer and local zoning attorney for this project. After completing our preliminary investigations of the site we are pleased to offer $1,050,000 for the parcels at 2903 Peters Creek Road, NW. THE AUTO SUYlRSTOMS 21 Rob Ledger 8/15/2018 Page 2 Thank you for your consideration and we look forward to opening a store in Roanoke. Sincerely, Keith Henderson CarMax Real Estate Manager 22 EXHIBIT 2 Property Plat 23 OKM 1 1Y ----------- elk ;fLw. '15 JAI ad e Nun F pp is iY if 019 vu OR. 0 4-3 gm 24 Sai ' 't ake if 019 vu OR. 0 4-3 gm 24 The Roanoke Times Roanoke, Virginia Affidavit of Publication SHERMAN M STOVALL, ASSISTANT CITY MGR C /O: R. Brian Townsend, Assistant City Manager for Community Development 456 NOEL C. TAYLOR MUNICIPAL BLDG 215 CHURCH AVENUE SW ROANOKE, VA 24011 Account Number 6017304 Date November 12, 2016 Date Category Description Ad Size Total Cost 11/182018 Legal Notices NOTICE OF PUBLIC HEARING Pursuant to the requirements 1 x 69 L 384.64 NOTICE OF PUBLIC HEARING Pursuant to the requirements of Sections 15.2 - 1800.8 and 15.2 -1813. Code of Virginia (3950), as amended. notice is hereby given that the Council of the City of Roanoke will hold a public hearing on November 19. 2018• at 7:00 p.m„ or as soon thereafter as the matter may be heard, in the Council Chamber, 4th Floor. Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue. S.W.. Roanoke. Virginia 24011. on a proposed Contract for Purchase and Sale of Real Property (Contract) between the City of Roanoke. Virginia (City) and CarMax Auto Superstores. Inc.. a corporation organized and existing under the laws of the Commonwealth of Virginia, (Buyer) wherein the City proposes to sell to Buyer a portion of certain real property known as 2839 Peters Creek Road, N.W., Roanoke. Virginia. 2903 Peters Creek Road. N.W.. Roanoke. Virginia and O Peters Creek Road. N.W.. and 6410106, respectively, consisting of approximately 11.813 total acres (Premises), for the sum of One Million Fifty Thousand and No /100 Dollars (51.050.000.00), together with other consideration and performance of other obligations by Buyer. A eopy of the proposed Contract and Ordlnance will be available at the Office of the City Clerk. Room 456. Noel C. Taylor Municipal Building, 215 Church Avenue. S.W.. Roanoke, Virginia 24011, on and after Monday. November 12. 2018. For further information an this matter, you may contact the Office of the City Clerk at (540) 853.2541. All parties and interested entities may appear on the above date and time to be heard on this matter. Publisher of the Roanoke Times 1, (the undersigned) an authorized representative of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice NOTICE OF PUBLIC HEARING was published in said newspapers on the following dates: 11/12/2018 The First insertion being given ... 11/12/2018 Newspaper reference: 0000845372 .54, e Billing Representative Sworn to and subscribed before me this Monday, November 12, 2018 If you are a person with a disability who needs accommodations for this hearing, please contact the Office of the City Clerk at (540) 853.2541. before 12:00 noon on Thursday. November 15. 2018. tary P b c l ��� tGFN/yF��r,, Given under my hand this 12th day of November 2018. Slat@ rginia �Q NOTAR Y F" '. Stephanie M. Moon Reynolds, MMC City /County of Roanoke = PUBLIC City Clerk My Commission expires `' REG. #332864 (845372) My COMMISSION nt i Q • RE' y,�•� � V \ TUIC 10 Klf%T A Off 1 01 CACC DAV CCDAAA IaIVAI^o Tuwkty %1^12 NOTICE OF PUBLIC HEARING Pursuant to the requirements of Sections 15.2 - 1800.13 and 15.2 -1813, Code of Virginia (1950), as amended, notice is hereby given that the Council of the City of Roanoke will hold a public hearing on November 19, 2018, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, 4th Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011, on a proposed Contract for Purchase and Sale of Real Property (Contract) between the City of Roanoke, Virginia (City) and CarMax Auto Superstores, Inc., a corporation organized and existing under the laws of the Commonwealth of Virginia, (Buyer) wherein the City proposes to sell to Buyer a portion of certain real property known as 2839 Peters Creek Road, N.W., Roanoke, Virginia, 2903 Peters Creek Road, N.W., Roanoke, Virginia and 0 Peters Creek Road, N.W., Roanoke, Virginia, being designated as Official Tax Map Nos. 6410104, 6410105, and 6410106, respectively, consisting of approximately 11.813 total acres (Premises), for the sum of One - Million Fifty Thousand and No /100 Dollars ($1,050,000.00), together with other consideration and performance of other obligations by Buyer. A copy of the proposed Contract and Ordinance will be available at the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011, on and after Monday, November 12, 2018. For further information on this matter, you may contact the Office of the City Clerk at (540) 853 -2541. All parties and interested entities may appear on the above date and time to be heard on this matter. If you are a person with a disability who needs accommodations for this hearing, please contact the Office of the City Clerk at (540) 853 -2541, before 12:00 noon on Thursday, November 15, 2018. Given under my hand this 12th day of November, 2018. Stephanie M. Moon Reynolds, Clerk Note to Publisher: Please publish once in The Roanoke Times, legal notices, on Monday, November 12, 2018. Please send affidavit of publication to: Stephanie M. Moon Reynolds, MMC, City Clerk 4th Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Phone: (540) 853 -2541 Send Invoice to: R. Brian Townsend, Assistant City Manager 3rd Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011 Phone: (540) 853 -2333 4-11 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of November, 2018. No. 41320- 111918. 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 (ii) will add certain areas not currently within Enterprise Zone One A or its Subzone B to Enterprise Zone One A and its Subzone B; authorizing the City Manager to apply to the Virginia Department of Housing and Community Development (VDHCD) for approval of such boundary amendments; and authorizing the City Manager to take such further action as may be necessary to obtain and implement such boundary amendments. WHEREAS, there are certain areas currently located within the City's Enterprise Zone One A 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 Council Agenda Report dated November 19, 2018; 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; R -Zone One A & its Subzone B EZ Amendment (11. 19.18) 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: 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 which will add additional areas to Zone One A or its Subzone B which are currently outside such Zone areas. Such amendments are more fully shown on the map(s) attached to the City Council Agenda Report dated November 19, 2018, and more fully described in such Report. 2. The City Manager is hereby authorized to apply, on behalf of the City, to the VDHCD for the above mentioned boundary amendments to the City's existing Enterprise Zone One A and its Subzone B pursuant to the applicable provisions of the Virginia Enterprise Zone Grant Act, as amended, which boundary amendments will delete certain areas currently within Zone One A, and add to Zone One A or 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. R -Zone One A & its Subzone B EZ Amendment (11. 19.18) 2 4. The City Manager is authorized to submit to the VDHCD all information necessary for the application for the boundary amendments to the City's Enterprise Zone One A and its Subzone B, for the Department's review and consideration and to take such further action as may be necessary and /or execute any additional documents as may be necessary to meet other program requirements or to establish the boundary amendments as set forth above. The City Clerk is authorized to execute and attest any documents that may be necessary or required for the application or for the provision of such information. Such authority shall continue throughout the life of such Zone One A and its Subzone B. 5. Local incentives applicable for Enterprise Zone One A and its Subzone B shall also be applicable for any new areas covered by such approved boundary amendments. 6. Any such approved boundary amendments will be retroactive to the date as provided by such approval from the VDHCD. ATTEST: oir 0 A— City Clerk. R -Zone One A & its Subzone B EZ Amendment (11. 19.18) 3 a REPORT To: Honorable Mayor and Members of City Council Meeting: November 19, 2018 Subject: Enterprise Zone Boundary Amendment Background: Since the designation of the City of Roanoke Enterprise Zones, Enterprise Zone One A and its Subzone B have undergone amendments to the zone boundary and local incentives. In accordance with state regulations, each zone has a maximum acreage limit equal to seven percent of total City acreage. Zone boundary and incentive amendments are permitted by state regulations once a year. State regulations allow for a maximum acreage deletion of 15 percent of the current zone. In an effort to best utilize Enterprise Zone incentives, City staff recommends boundary amendments set forth below that would delete approximately 29 acres from Zone One A. Additionally, City staff recommends the boundary amendments set forth below that would add approximately 28 acres to Zone One A, and approximately 0.72 acres to Zone One A's noncontiguous Subzone B, for a combined addition of approximately 29 acres. Considerations: The Zone One A boundary deletion amendment includes deleting (i) approximately 0.71 acres consisting of property located at the northeast side of Walnut Avenue, S.E., northwest side of Piedmont Street, S.E., and southwest side of the Roanoke River; (ii) approximately 1.58 acres consisting of property located on the west side of Wiley Drive, S.W., south of Main Street, S.W., and northeast of the intersection of Winchester Avenue, S.W., and Winona Avenue, S.W; (iii) approximately 12.79 acres consisting of property located on Kimball Avenue, N.E., at the northeast side of 5th Street and Shenandoah Avenue, N.E., southeast of Rutherford Avenue, N.E., and west of the railroad right -of -way; (iv) approximately 7.53 acres consisting of property located on Kimball Avenue, N.E., northeast of 511 Street and Shenandoah Avenue, N.E., east of Rutherford Avenue, N.E., and west of the right -of -way; (v) approximately 6.37 acres consisting of property located on the south side of Dale Avenue, S.E., west side of Vernon Street S.E. , east of 21 It Street S.E., and north of Kenwood Boulevard, S.E.; and (vi) approximately 0.4 acres consisting of property located on 13th Street, S.W., north of Campbell Avenue, S.W., south of Chapman Avenue, S.W., and west of 12th Street, S.W. Deleting the above properties from the City's Enterprise Zone One A will create additional opportunities for utilizing the program for other areas of the City where growth and revitalization is anticipated or occurring. Properties being deleted are either undevelopable due to natural constraints on the land, are owned by entities which are not eligible to apply for Enterprise Zone benefits, or are properties and /or businesses that have exhausted Enterprise Zone benefits. A map of each boundary deletion amendment is attached hereto and has been on file since November 5, 2018 in the City Clerk's Office (Attachment 1). The parcels shown in green on the map in Attachment 1 represent the parcels included in the existing Enterprise Zone One A boundary. The parcels shown in blue on the map in Attachment 1 represent properties proposed for deletion from Zone One A. The Zone One A boundary addition amendment adds (i) approximately 14.02 acres consisting of property located on the north side of Hershberger Road, N.W., east of Rutgers Street, N.W., south of Town Side Boulevard, N.W., and west of Airport Road, N.W.; (ii) approximately 0.1 1 acres consisting of property located on Winona Avenue, S.W., west of Main Street, S.W., north of Wasena Avenue, S.W., and east of 10th Street, S.W.; (iii) approximately 0.07 acres consisting of property located on Main Street, S.W., north of Wasena Avenue, S.W., south of Winona Avenue, S.W., and east of 10th Street, S.W.; (iv) approximately 0.58 acres consisting of property on Walnut Avenue, S.W., southwest of the intersection of Jefferson Street and Clark Avenue, S.W., and east of Maple Avenue, S.W.; (v) approximately 2.22 acres consisting of property located on 2 "d Street, S.W., west of 1 I Street, S.W., south of Franklin Road, S.W., and north of Day Avenue, S.W.; (vi) approximately 10.97 acres consisting of property located on Williamson Road, N.W. and Williamson Road, N.E., north of Hildebrand Road, N.W., south of Hollyhock Road, N.W., and west of Curtis Avenue, N.W.; and (vii) approximately 0.22 acres consisting of property located on Patterson Avenue, S.W., east of 11 th Street, S.W., south of Rorer Avenue, S.W., and west of 10th Street, S.W. The Zone One A's Subzone B boundary addition amendment adds approximately 0.72 acres consisting of property located on the south side of Blue Hills Village Drive, N.E. and southwest of the intersection with Orange Avenue, N.E. Adding the above properties to the City's Enterprise Zone One A and its Subzone B will generate additional opportunities for revitalization where buildings and sites are currently vacant, underutilized, undeveloped, or development is pending. A map showing each boundary addition amendment is attached hereto and has been on file since November 5, 2018 in the City Clerk's Office (Attachment 1). The parcels shown in red on the map in Attachment 1 represent properties proposed for addition into Zone One A and its Subzone B. In accordance with the Virginia Department of Housing and Community Development's (VDHCD) Virginia Enterprise Zone Program regulations, the local governing body must hold at least one public hearing affording citizens and interested parties an opportunity to be heard before submitting an amendment application to the Department for consideration. Such public hearing is scheduled for Roanoke City Council's regularly scheduled public hearing 2 session on November 19, 2018, at 7:00 p.m. Upon the approval of City Council, the boundary amendments will be submitted to the VDHCD. Such amendments are subject to the approval by the VDHCD. If approved, the amendments are retroactive to January 1, 2018, a date approved by the VDHCD. 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 and its Subzone B, subject to approval by the VDHCD, with an effective date retroactive to a date approved by the VDHCD, as set forth above. Furthermore, authorize the City Manager to apply to the VDHCD for approval of the above mentioned amendments and to take such further action and /or to execute such additional documents as may be needed to obtain or confirm such amendments and to meet the Program requirements throughout the life of the Zones. Ro -S. owell, Jr. City Manager Attachment Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Amelia C. Merchant, Director of Finance Robert Ledger, Acting Director, Economic Development Aisha Johnson, Enterprise Zone Administrator Laura M. Carini, Assistant City Attorney 3 The Roanoke Times Roanoke, Virginia Affidavit of Publication CITY OF ROANOKE • ECONOMIC DEVELOPMENT Attn ROB LEDGER CITY CLERK 456 NOEL C. TAYLOR MUNICIPAL BUILDING 215 CHURCH AVE. SW ROANOKE 00000 Account Number 6024677 Date November 12, 2018 Date Category Description Ad Size Total Cost 11/12/2018 Legal Notices NOTICE OF PUBLIC HEARING Notice is hereby given that lh 1 x 304 L 2.842.48 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: 11105 11112/2018 The First insertion being given... 11/05/2018 Newspaper reference: 0000847733 Billing Representative Sworn to and subscribed before me this Monday, November 12, 2018 - - ry ,,`E�►:,,r, of Publi .�' State of Virginia Q' 'NOTARY p'+� City /County of Roanoke ,?� PUBLIC '• `� s My Commission expires REG. #3321W ' >� • hiY COMMISSION •�,� R - THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU �'�,,Y 1 u 11.,11;,`� 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 14, 2018, commencing at 7:00 pin, local time, or as soon thereafter as the matters may be heard, in the Council Chamber, 4th Floor, Room 45% In the Noel C. Taylor Municipal Building, 215 Church Avenue. S.W., Roanoke, VirshilL Further Information Is available in the Office of the City Clerk (540) 053.2541, or from Aisha Johnson, Enterprise Zone Administrator. (540) 853.5661. Pursuant to the provisions of the Virginia Enterprise Zone Grant Act, Sections 99.1 -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 boandarles of Enterprise Zone One A by deleting acreage as Indicated below. 1. To delete from Zone One A approximately 0.71 acres, consisting at property located at the northeast side of Walnut Avenue SE, northwest side of Piedmont Street SE, and southwest side of the Roanoke River. wlth .Offldal Tax #Asp Numbers 4030609, 4030613. and 4030615R. The deletion consists of acreage owned by entities which are excluded from zone benefit eligibility or are not conducive to development or redevelopment The pproperty, is zoned CN: Commercial Neiniiborhaad Z. To delete from Zone One A approximateky i58 acres, consisting of property located on the west side of Wiley Drive SW, south of Main Street SW, and northeast of the Intersection of Winchester Avenue SW and Winona Avenue SW, with Official Tax Map Numbers 1121401 and 113OWL The deletion consists of acreage owned by entities which have utilized zone benefits and are not eligible to reapply In the near future, or acreage owned by an entity excluded from zone benefit eligibility. The property Is zoned MXPUD: Mixed Use Planned Unit Development, and ROS: Recreation and Open Space. 3. To delete from Zone One A approximately 12.79 acres, consisting of property located an Kimball Avenue NE, at the northeast side of 5th Street and Shenandoah Avenue NE, southeast of Rutherford Avenue NE, and west of the railroad right-of -way, with Tax Map Numbers 3015010 and 3MML The deletion consists of acreage owned by entitles which are not currently anticipating development or redevelopment. or lob creation. The property is zoned 1.1: Light Industrial and 1.2: Heavy Industrial. 4. To delete from Zone One A approximately 153 acres, consisting of property located on Kimball Avenue NE, northeast of 5th Street and Shenandoah Avenue NE, east of Rutherford Avenue N0. and west of the right-of -way, with Official Tax Map Numbers 3030302 and 3015009. The deletion consists of acreage owned by an entity which Is not currently anticipating development or redevelopment, or lob creation. The property Is zoned 1 -2: Heavy industrial. S. To delete from Zone One A approximately 637 acres, consisting of property located an the south side of Dale Avenue SE, west side of Ver mn Street SE, east of 21st Street SE, and north of Kenwood Boulevard SE, with Official Tax Map Number 4311201. The deletion consists of acreage owned by an entity which has utilized Enterprise Zone benefits. The property Is zoned CLS: Commercial -Large Site. 6. To delete from Zone One A approximately 0.4 acres, consisting of property located on 13th Street SW, north of Campbell Avenue SW, south of Chapman Avenue SW, and west of 12th Street SW with Official Tax Map Number 1220310. The deletion consists of acreage owned by an entity not eligible to participate In Enterprise Zone benefits. The property is zoned IN: Industrial-Rellglous. B, To amend the boaadades of btarprhe Zoo On A and Its Sabzone B by adniag additional scrap as li dlcated below. I. To add to the current Zone One A approximately 14.02 acres, consisting Of property located on the north side of Hershberger Road NW, east of Rutgers Street NW, south of Towne Square Boulevard NW, and west of Airport Road NW with Tax Map Number 6660105. This addition will Incorporate Property where redevelopment is occurring and the property will return to active commercial use. This property will be made contiguous to Property already located In Zone One A. This property is zoned CLS: Commercial -large Site. 2. To add to the current Zone One A's Subzone 6 approximately 0.72 acres, consisting of property located an the south side of Blue Hilts Village Drive NE and southwest of the Intersection with Orange Avenue NE with Official Tax Map Number 7160122. This addition wlil incorporate property that may be developed Into active commercial use. TMs property wRl b made contiguous to property awfldy located In Zone One A -s Subzone B. This property Is zoned CG: Commercial - General. 3. To add to the current Zone One A approximately 0.11 acres, consisting of property located on Winona Avenue SW, west of Main Street SW. north of Wasena Avenue SW, and east of 10th Street SW with Official Tax Map Number 1222209. This addition will incorporate property that is planned to be redeveloped Into active commercial use or may be redeveloped in the future. This property will be made contiguous to property already located in Zone One A. This property is zoned CN: Commercial- Neighborhood 4. To add to the current Zone One A approximately 097 acres, consisting of property located on Main Street SW. north of Wasena Avenue SW, seuth of Winona Avenue SW, and east of 10th Street SW, with Official Tax Map Numbers 1222221 and 1222220. This addition will incorporate property that is planned to be redeveloped Into active commercial use or may be redeveloped in the future. This property will be made contiguous to property already located In Zone One A. This property is zoned CN: Commercial - Neighborhood. S. To add to the current Zone One A approximately 058 acres, consisting of property on Walnut Avenue SW. southwest of the Intersection of Jefferson Street and Clark Avenue SW, and east of Maple Avenue SW, with Official Tax Map Numbers 1031716 and 1031717. This addition will Incorporate property that Is planned to be redeveloped Into active commercial use or may be redeveloped in the future. This property will be made 'contiguous to pop" already located in Zone One A. This property Is zoned 0: Downtown. 6. To add to the current Zone One A approximately 222 acres, consisting of property located on 2nd Street SW, west of 1st Street SW. south of Franklin Road SW, and north of Day avenue SW. with Official Tax Map Numbers 1013201 and 1013202: and consisting of property located an Franklin Road SW, east of 2nd Street SW, west of 1st Street SW, and north of Day Avenue SW with Official Tax Map Number 1013203. This addition will incorporate property that Is planned to be redeveloped into active commercial use or may be redeveloped In the future. This property will be made contiguous to property, already located in Zone One A. This property is zoned 0: Downtown. 7. To add to the current Zone One A approximately 1097 acres, consisting of property located an Williamson Road NW and Williamson Road NE, north of Hildebrand Road NW, south of Hollyhock Road NW, and west of Curtis Avenue NW, with Official Tax Map Numbers 2200202 and 2200244. This addition will incorporate property that is planned to be redeveloped Into active commercial use or may be redeveloped in the future. This property will he made contiguous to property already located in Zone One A. This property is zoned CLS: Commercial -large Site. 8. To add to the current Zone One A approximately 022 acres consisting of property located on Patterson Avenue SW, asst of lith Street SW, south of Rorer Avenue SW, and west of 10th Street SW with official Tax Map Number 1112009. This addition will incorporate property that Is planned to be redeveloped Into active COMMOMIal use or may be redeveloped In the future. This properly will be made contiguous to property already located in zone One A. This property Is zoned CN: Commercial- Nei9bborhoW. A copy of the maps, a list of Official Tax Map numbers of the properties involved to the amendments referred to above, and the local incentives currently offered in Zone One A and Its Subzane B are available for public Inspection in the City's Department of Econamlc Development Offices at 117 Church Avenue, S.W, Roanoke, Vlrglola 2401, telephone number WO) 853- 5661. Please contact Afsha Johnson 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 and its Subzone B amendments, and the other matters referred to above. are on file and may be reviewed by the public after November 5, 2018 in the Office of the City Clerk Room 456. Noel C. Taylor Municipal Building, 115 Church Avenue. S. W., Roanoke. Virginia 24011.411iring business hours. All parties and interested citizens may appear an the above date and be heard an these matters. if you are a person with a disability who needs accommodations for lids hearing. plem contact at (5440 ) 857.25411h. before t2:00 ofn on November 15, 2018. GIVEN under my hand this Sth day of November 2018 tephanle M. Moon Reynolds, MMC City Clerk (847733) 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 19, 2018, 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 Aisha Johnson, Enterprise Zone Administrator, (540) 853 -5661. 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 deleting acreage as indicated below: 1. To delete from Zone One A approximately 0.71 acres, consisting of property located at the northeast side of Walnut Avenue SE, northwest side of Piedmont Street SE, and southwest side of the Roanoke River, with Official Tax Map Numbers 4030609, 4030613, and 4030615R. The deletion consists of acreage owned by entities which are excluded from zone benefit eligibility or are not conducive to development or redevelopment. The property is zoned CN: Commercial Neighborhood. 2. To delete from Zone One A approximately 1.58 acres, consisting of property located on the west side of Wiley Drive SW, south of Main Street SW, and northeast of the intersection of Winchester Avenue SW and Winona Avenue SW, with Official Tax Map Numbers 1121401 and 1130901. The deletion consists of acreage owned by entities which have utilized zone benefits and are not eligible to reapply in the near future, or acreage owned by an entity excluded from zone benefit eligibility. The property is zoned MXPUD: Mixed Use Planned Unit Development, and ROS: Recreation and Open Space. 3. To delete from Zone One A approximately 12.79 acres, consisting of property located on Kimball Avenue NE, at the northeast side of 5th Street and Shenandoah Avenue NE, southeast of Rutherford Avenue NE, and west of the railroad right -of -way, with Tax Map Numbers 3015010 and 3030401. The deletion consists of acreage owned by entities which are not currently anticipating development or redevelopment, or job creation. The property is zoned 1 -1: Light Industrial and 1 -2: Heavy Industrial. 4. To delete from Zone One A approximately 7.53 acres, consisting of property located on Kimball Avenue NE, northeast of 51h Street and Shenandoah Avenue NE, east of Rutherford Avenue NE, and west of the right -of -way, with Official Tax Map Numbers 3030302 and 3015009. The deletion consists of acreage owned by an entity which is not currently anticipating development or redevelopment, or job creation. The property is zoned 1 -2: Heavy Industrial. 1 5. To delete from Zone One A approximately 6.37 acres, consisting of property located on the south side of Dale Avenue SE, west side of Vernon Street SE, east of 2152 Street SE, and north of Kenwood Boulevard SE, with Official Tax Map Number 4311201. The deletion consists of acreage owned by an entity which has utilized Enterprise Zone benefits. The property is zoned CLS: Commercial — Large Site. 6. To delete from Zone One A approximately 0.4 acres, consisting of property located on 13th Street SW, north of Campbell Avenue SW, south of Chapman Avenue SW, and west of 12th Street SW with Official Tax Map Number 1220310. The deletion consists of acreage owned by an entity not eligible to participate in Enterprise Zone benefits. The property is zoned IN: Industrial - Religious. B. To amend the boundaries of Enterprise Zone One A and its Subzone B by adding additional acreage as indicated below: 1. To add to the current Zone One A approximately 14.02 acres, consisting of property located on the north side of Hershberger Road NW, east of Rutgers Street NW, south of Towne Square Boulevard NW, and west of Airport Road NW with Tax Map Number 6660105. This addition will incorporate property where redevelopment is occurring and the property will return to active commercial use. This property will be made contiguous to property already located in Zone One A. This property is zoned CLS: Commercial -Large Site. 2. To add to the current Zone One A's Subzone B approximately 0.72 acres, consisting of property located on the south side of Blue Hills Village Drive NE and southwest of the intersection with Orange Avenue NE with Official Tax Map Number 7160122. This addition will incorporate property that may be developed into active commercial use. This property will be made contiguous to property already located in Zone One A's Subzone B. This property is zoned CG: Commercial - General. 3. To add to the current Zone One A approximately 0.11 acres, consisting of property located on Winona Avenue SW, west of Main Street SW, north of Wasena Avenue SW, and east of 10th Street SW with Official Tax Map Number 1222209. This addition will incorporate property that is planned to be redeveloped into active commercial use or may be redeveloped in the future. This property will be made contiguous to property already located in Zone One A. This property is zoned CN: Commercial- Neighborhood. 4. To add to the current Zone One A approximately 0.07 acres, consisting of property located on Main Street SW, north of Wasena Avenue SW, south of Winona Avenue SW, and east of 10th Street SW, with Official Tax Map Numbers 1222221 and 1222220. This addition will incorporate property that is planned to be redeveloped into active commercial use or may be redeveloped in the future. This property will be made contiguous to property already located in Zone One A. This property is zoned CN: Commercial- Neighborhood. 2 5. To add to the current Zone One A approximately 0.58 acres, consisting of property on Walnut Avenue SW, southwest of the intersection of Jefferson Street and Clark Avenue SW, and east of Maple Avenue SW, with Official Tax Map Numbers 1031716 and 1031717. This addition will incorporate property that is planned to be redeveloped into active commercial use or may be redeveloped in the future. This property will be made contiguous to property already located in Zone One A. This property is zoned D: Downtown. 6. To add to the current Zone One A approximately 2.22 acres, consisting of property located on 2nd Street SW, west of 1St Street SW, south of Franklin Road SW, and north of Day Avenue SW, with Official Tax Map Numbers 1013201 and 1013202; and consisting of property located on Franklin Road SW, east of 2nd Street SW, west of 1St Street SW, and north of Day Avenue SW with Official Tax Map Number 1013203. This addition will incorporate property that is planned to be redeveloped into active commercial use or may be redeveloped in the future. This property will be made contiguous to property already located in Zone One A. This property is zoned D: Downtown. 7. To add to the current Zone One A approximately 10.97 acres, consisting of property located on Williamson Road NW and Williamson Road NE, north of Hildebrand Road NW, south of Hollyhock Road NW, and west of Curtis Avenue NW, with Official Tax Map Numbers 2200202 and 2200244. This addition will incorporate property that is planned to be redeveloped into active commercial use or may be redeveloped in the future. This property will be made contiguous to property already located in Zone One A. This property is zoned CLS: Commercial - Large Site. 8. To add to the current Zone One A approximately 0.22 acres consisting of property located on Patterson Avenue SW, east of 11th Street SW, south of Rorer Avenue SW, and west of 10th Street SW with Official Tax Map Number 1112009. This addition will incorporate property that is planned to be redeveloped into active commercial use or may be redeveloped in the future. This property will be made contiguous to property already located in Zone One A. This property is zoned CN: Commercial- Neighborhood. 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 and its Subzone B 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 -5661. Please contact Aisha Johnson 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 and its Subzone B amendments, and the other matters referred to above, are on file and may be reviewed by the public after November 5, 2018, 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 15, 2018. GIVEN under my hand this 5th day of November 2018. Stephanie M. Moon Reynolds, MMC City Clerk 4 Note to Publisher: Please publish twice in the Legal Notice section of The Roanoke Times, once on Monday, November 5, 2018, and once on Monday, November 12, 2018. Send Publisher's Affidavit: Stephanie M. Moon Reynolds City Clerk Noel C. Taylor Municipal Building, Room 456 215 Church Avenue, S.W. Roanoke, VA 24011 5 Send Bill to: Rob Ledger Economic Development Manager Department of Economic Development City of Roanoke 117 Church Avenue, S.W. Roanoke, VA 24011 C� C"', C�11 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 19, 2018, commencing at 7:00 p.m., local time, or as soon thereafter as the matters may be heard, in the Council Chamber, 4`h 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 Aisha Johnson, Enterprise Zone Administrator, (540) 853 -5661. 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 deleting acreage as indicated below: 1. To delete from Zone One A approximately 0.71 acres, consisting of property located at the northeast side of Walnut Avenue S. E., northwest side of Piedmont Street S. E., and southwest side of the Roanoke River, with Official Tax Map Numbers 4030609, 4030613, and 4030615R. The deletion consists of acreage owned by entities which are excluded from zone benefit eligibility or are not conducive to development or redevelopment. The property is zoned CN: Commercial Neighborhood. 2. To delete from Zone One A approximately 1.58 acres, consisting of property located on the west side of Wiley Drive S. W., south of Main Street S .W., and northeast of the intersection of Winchester Avenue S. W. and Winona Avenue S. W., with Official Tax Map Numbers 1121401 and 1130901. The deletion consists of acreage owned by entities which have utilized zone benefits and are not eligible to reapply in the near future, or acreage owned by an entity excluded from zone benefit eligibility. The property is zoned MXPUD: Mixed Use Planned Unit Development, and ROS: Recreation and Open Space. 3. To delete from Zone One A approximately 12.79 acres, consisting of property located on Kimball Avenue N. E., at the northeast side of 5 1 Street and Shenandoah Avenue N. E., southeast of Rutherford Avenue N. E., and west of the railroad right -of -way, with Tax Map Numbers 3015010 and 3030401. The deletion consists of acreage owned by entities which are not currently anticipating development or redevelopment, or job creation. The property is zoned 1 -1: Light Industrial and 1 -2: Heavy Industrial. 4. To delete from Zone One A approximately 7.53 acres, consisting of property located on Kimball Avenue N. E., northeast of 51h Street and Shenandoah Avenue NE, east of Rutherford Avenue N. E., and west of the right -of -way, with Official Tax Map Numbers 3030302 and 3015009. The deletion consists of acreage owned by an entity which is not currently anticipating development or redevelopment, or job creation. The property is zoned 1 -2: Heavy Industrial. 1 5. To delete from Zone One A approximately 6.37 acres, consisting of property located on the south side of Dale Avenue S. E., west side of Vernon Street SE, east of 21s' Street S. E., and north of Kenwood Boulevard S. E., with Official Tax Map Number 4311201. The deletion consists of acreage owned by an entity which has utilized Enterprise Zone benefits. The property is zoned CLS: Commercial — Large Site. 6. To delete from Zone One A approximately 0.4 acres, consisting of property located on 13tH Street S. W., north of Campbell Avenue S. W., south of Chapman Avenue S. W., and west of 12th Street S. W. with Official Tax Map Number 1220310. The deletion consists of acreage owned by an entity not eligible to participate in Enterprise Zone benefits. The property is zoned IN: Industrial - Religious. B. To amend the boundaries of Enterprise Zone One A and its Subzone B by adding additional acreage as indicated below: 1. To add to the current Zone One A approximately 14.02 acres, consisting of property located on the north side of Hershberger Road N. W., east of Rutgers Street N. W., south of Town Side Boulevard N. W. and west of Airport Road N. W. with Tax Map Number 6660105. This addition will incorporate property where redevelopment is occurring and the property will return to active commercial use. This property will be made contiguous to property already located in Zone One A. This property is zoned CLS: Commercial -Large Site. 2. To add to the current Zone One A's Subzone B approximately 0.72 acres, consisting of property located on the south side of Blue Hills Village Drive N. E. and southwest of the intersection with Orange Avenue N. E. with Official Tax Map Number 7160122. This addition will incorporate property that may be developed into active commercial use. This property will be made contiguous to property already located in Zone One A's Subzone B. This property is zoned CG: Commercial - General 3. To add to the current Zone One A approximately 0.11 acres, consisting of property located on Winona Avenue S. W., west of Main Street S. W., north of Wasena Avenue S. W., and east of 10th Street S. W. with Official Tax Map Number 1222209. This addition will incorporate property that is planned for redeveloped into active commercial use or may be redeveloped in the future. This property will be made contiguous to property already located in Zone One A. This property is zoned CN: Commercial- Neighborhood. 4. To add to the current Zone One A approximately 0.07 acres, consisting of property located on Main Street S. W., north of Wasena Avenue S. W., south of Winona Avenue S. W., and east of 10th Street S. W., with Official Tax Map Numbers 1222221 and 1222220. This addition will incorporate property that is planned for redeveloped into active commercial use or may be redeveloped in the future. This property will be made contiguous to property already located in Zone One A. This property is zoned CN: Commercial- Neighborhood. N 5. To add to the current Zone One A approximately 0.58 acres, consisting of property on Walnut Avenue S. W., southwest of the intersection of Jefferson Street and Clark Avenue SW, and east of Maple Avenue S. W., with Official Tax Map Numbers 1031716 and 1031717. This addition will incorporate property that is planned for redeveloped into active commercial use or may be redeveloped in the future. This property will be made contiguous to property already located in Zone One A. This property is zoned D: Downtown. 6. To add to the current Zone One A approximately 2.22 acres, consisting of property located on 2nd Street S. W., west of 1st Street S. W., south of Franklin Road S. W., and north of Day Avenue S. W., with Official Tax Map Numbers 1013201 and 1013202; and consisting of property located on Franklin Road S. W., east of 2nd Street SW, west of 1st Street S. W., and north of Day Avenue S. W. with Official Tax Map Number 1013203. This addition will incorporate property that is planned for redeveloped into active commercial use or may be redeveloped in the future. This property will be made contiguous to property already located in Zone One A. This property is zoned D: Downtown. 7. To add to the current Zone One A approximately 10.97 acres, consisting of property located on Williamson Road N. W. and Williamson Road N. E., north of Hildebrand Road N. W., south of Hollyhock Road N. W., and west of Curtis Avenue N. W., with Official Tax Map Numbers 2200202 and 2200244. This addition will incorporate property that is planned for redeveloped into active commercial use or may be redeveloped in the future. This property will be made contiguous to property already located in Zone One A. This property is zoned CLS: Commercial -Large Site. 8. To add to the current Zone One A 0.22 acres consisting of property located on Patterson Avenue SW, east of 11th Street S. W., south of Rorer Avenue S. W., and west of 10th Street S. W. with Official Tax Map Number 1112009. This addition will incorporate property that is planned for redeveloped into active commercial use or may be redeveloped in the future. This property will be made contiguous to property already located in Zone One A. This property is zoned CN: Commercial- Neighborhood. A copy of the maps, a list of Tax Map numbers of the properties involved in the amendments referred to above, and the local incentives currently offered in Zone One A and its Subzone B 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 -5661. Please contact Aisha Johnson 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 and its Subzone B amendments, and the other matters referred to above, are on file and may be reviewed by the public in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia 24011 during business hours. 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 15, 2018. GIVEN under my hand this 5th day of November 2018. Stephanie M. Moon Reynolds, MMC City Clerk 4 Notice to Roanoke Tribune: Please publish in the Roanoke Tribune on Thursday, November 15, 2018. Send Publisher's Affidavit: Stephanie M. Moon Reynolds City Clerk Noel C. Taylor Municipal Building, Room 456 215 Church Avenue, S.W. Roanoke, VA 24011 Send Bill to: Rob Ledger Economic Development Manager Department of Economic Development City of Roanoke 117 Church Avenue, S.W. Roanoke, VA 24011 Nov 18 2018 07:25PM The Roanoke Tribune 5403437366 f,j �,:. � gar t hrr w page 1 a, p_..__. _-__ -N-:�j-,'JrThe Roanoke Tribune PboiieA: 540.3= 3.0326 '+!,Q:ltttl;i *C, V.t11 .�40Y7 F.i31:: 540.343.7$66' f :�naila�•ib�ir'r1. Y °li:7cii ant H ii,ca►��� FAX COVER. SYEEr am ca A7'7'f Nr oN: OFFICE FAX NUMBER: �J~3 ` { 1 q 5- 11 UP47EN7 ❑ RERLYASA,P FROM: OFFICE LOCA-rION: !FA I l .. -•lR�t �t El PLEASE cOMMPNr' 11 PLEASf REVIEW 'FOR YoUlZ jjVF0IRMAi701U i City Of Roanoke -'DED Attn: Rob Legder 117 Church Ave., SW, The ���� Roanoke, VA 24011 2318 Melrose Ave., NW Roanoke, VA 24017 ,LLC Date: 11119118 Inv. I#C_ 1 i �g Makin -343 -0326 - Fax 343 -7366 Making and Recording Black History Since 1939 Caption Notice of Public Hearing Dates 11/15/2018 Runs Size Total In, Net Rate i 4 col. x 20.75° 83.0" - $7.20 $597.60 Any questions in reference to this invoice contact .qtnn 14011 2A2 n�nt Virginia Enterprise Zones Enterprise Zone Amendment Application Applicant Locality /Localities: City of Roanoke Name of Zone: One A and its Subzone B Zone Number: 5 Virginia Department of Housing and Community Development 600 East Main St, Suite 300 Richmond, Virginia 23219 (804) 371 -7030 EZONE @dhcd.virginia.gov www.dhcd.virginia.gov VIRGINIA DEPARTMENT OF HOUSING s/ VIRGINIA AND COMMUNITY DEVELOPMENT :: DHCO Partners for Better Communities Overview of Amendment Application ........................................................................... ............................... 3 Checklist of Required Attachments ............................................................................... ............................... 3 Coversheet.................................................................................................................. ............................... 4 Boundary Amendments: Size Allowances ..................................................................... ............................... 5 Boundary Amendments: Deletion ................................................................................ ............................... 7 BoundaryAmendments: Addition ................................................................................ ............................... 9 Incentive Amendment ....................................................... ............................... Error! Bookmark not defined. Chart 1: Incentive Deletion & Amendment Chart ................. ............................... Error! Bookmark not defined. Chart 2: Incentive Package .................................................... ............................... Error! Bookmark not defined. Appendices................................................................................................................ ............................... 11 Appendix1 ............................................................................................................................. .............................12 Public Nearing and Resolution Requirements .................................................................. .............................12 Advertisingand Public Hearing ......................................................................................... .............................13 Governing Body Resolution .............................................................................................. .............................14 LocalAssurances ............................................................................................................... .............................1S Joint Zone Amendment Agreement ................................................................................. .............................16 AppendixII ............................................................................................................................ .............................17 Zone Size Requirements and Configurations... .... ......... ....... -- ...... ......................... --- .... ...... ...... 17 Single Jurisdiction Zone Size Requirements and Configurations... ..... ....... ............... ....... .... -- ...... -17 Joint Zone Size Requirements and Configurations... . .................... .......... ........... .18 AppendixIII ............................................................................. ............................... ..19 IncentiveAmendments ... ....... ............... .._........... --- ................ .,.... .,... ............... ....... .... ....,........................ 19 AppendixIV ...... .. ..... ...... ....... .................. .._. ....... ....... ........ ................... ........... ....... ......,........ ,............................ 23 Frequently Asked Questions. ...... ..... - ....... ............ ....... .............. -----23 2 Virginia Enterprise Zones Overview of Amendment Application This is the 2015 Application for an Enterprise Zone Amendment. There are 3 types of amendment applications: Boundary Additions, Boundary Deletions, and Incentive Changes. As you advance through the application, please delete the portions of the amendment that do not apply to your application. Detailed Instructions for completing this application can be found in the Appendix I beginning on Page 15 of this document. Please read all of the appendices carefully before completing this application. Each locality amending boundaries or incentives must complete a separate amendment application. Each enterprise zone can consist of up to three non- contiguous zone areas. In cases where a locality has multiple zone designations, each of those zones can consist of up to three non - contiguous geographic areas. In the case of Joint Zones, each locality's portion of the joint zone can consist of up to three non - contiguous geographic areas, but one of those three non - contiguous areas must be contiguous to at least one other participant's zone area. For more details, refer to Appendix 11 beginning on Page 20. An enterprise zone boundary amendment cannot consist of a site for a single business firm and cannot be less than 10 acres. Enterprise zone amendment applications can be submitted once every twelve months from the date of the locality's last zone amendment. Joint Zones may amend their zones in one application or independently so long as each locality amends their portion of the zone only once every twelve months from the date of that locality's last amendment. The locality submitting the amendment application must be up to date in its annual reporting requirements. Once DHCD approves an enterprise zone amendment, the modifications to the zone are retroactive back to January 1" of the Calendar Year in which the amendment was approved. To be considered for a Calendar Year, Amendment Applications should be submitted by November 1't of that Calendar Year. Checklist of Required Attachments Place the required attachments at the end of the amendment application. Unless otherwise specified, the attachment is required for all types of application amendments. ❑ Public Hearing Advertisements (2) Dated proof of publication required. See Page 12. ❑ Official Public Hearing Minutes ❑ Local Assurances ❑ Resolution ❑ Incentive charts (Incentive amendments only) ❑ Maps (Boundary amendments only) ❑ Joint Application Agreement In the case of a Joint Zone, all participating localities must submit approval resolutions, even if they are not amending their portion of the zone. See Pagel 6. Virginia Enterprise Zones Coversheet Required of all applicants. Each locality amending boundaries or incentives must complete a separate amendment application. Zone Number: 5 Type of Amendment: Locality: City of Roanoke Check all that apply. Boundary deletion Government Mailing Address: Boundary amendment Attn: Economic Development Department ❑ Incentive amendment 117 Church Avenue, SW Roanoke, VA 24011 Total non - contiguous zone areas before amendment: Chief Elected Official (Name and Title): ❑ 0 ®1 ❑ 2 ❑ 3 Elder Sherman Lea (Mayor) Total non - contiguous zone areas after amendment: Local Zone Administrator: ❑ 0 ®1 ❑ 2 ❑ 3 Name: Aisha Johnson Title: Enterprise Zone Administrator Number of non - contiguous (nc) Phone: (540) 853 -5661 areas added or deleted as part of E -mail: Aisha.Johnson @roanokeva.gov amendment application: Mailing Address: 117 Church Avenue, SW _0 Added nc areas Roanoke, VA 24011 _0 Deleted nc areas Has this contact changed in the last 12 months? ® Yes ❑ No Public Hearings: Completed Application Zone Type: ® Single (one locality) Enterprise Zone Attachments: ❑ Single Applicant from a Joint Enterprise Zone ® Advertisements ® Minutes If Joint Zone, list other localities in Zone: ® Resolutions Local Assurances Joint Application Agreement Certification of Chief Administrative Officer: Locality has submitted all annual To the best of my knowledge and belief, data in this proposal is reports required to date. true and correct and the governing body of the participant has ® Yes duly authorized the proposal through resolution. The resolution is ❑ No attached. Amendment Requests are Signature: Date: not considered complete Name: Robert S. Cowell, Jr. and will not be processed Title: City Manager until the locality's annual reporting requirements are fulfilled. Virginia Enterprise Zones Complete this section only if this amendment modifies the zone boundaries and acreage. Delete this section if you are only requesting a change to zone incentives. A. Basic size limits are determined by the type of locality. Towns and Cities have a minimum of one - quarter (1/4) square mile (160 acres) and a maximum of one square mile (640 acres). Counties and consolidated cities have a minimum of one -half (1/2) square mile (320 acres) and a maximum of six square miles (approximately 3,840 acres). Refer to Appendix II on Page 17 for more information on zone size limits and boundary modification requirements. For zones utilizing population estimates, utilize the Weldon Cooper Public Service Center's most recent final (not provisional) population estimates for the locality. Size Guideline Used: ❑ Basic Land Size City /Pre -2005 Town Zone ❑ Basic Land Size County & Consolidated City Repik age, 320 Acres 3,840 Acres 160 Acres 640 Acres ❑ Basic Land Size County & Consolidated City ® 7 Percent of Land Area (Cities and Towns only) Tataila Repik age, 320 Acres 3,840 Acres ® 7 Percent of Land Area (Cities and Towns only) Tataila Repik age, 27,217 1,905 ❑ 7 Percent of Population (Cities and Towns only) ToiaiLrF r r V 0 '`rn B. Complete the chart below showing the size of the zone after the proposed modifications. Zone size guidelines can be found in Appendix li on Page 17. When completing the chart, you may delete the example. City of Roanoke 11,904 acres 129 129 11,904 acres Virginia Enterprise Zones Complete this section only if this amendment modifies the zone boundaries and acreage. Delete this section if you are only requesting a change to zone incentives. The required maps must be able to fit inside a legal size mailing envelope (folded). Each of the required maps must be produced at the same scale. GIS generated maps are preferred. Topographic maps are not acceptable. Please submit maps as a separate JPEG or PDF file. Local Zone Administrators MUST submit a draft boundary amendment map to DHCD for review prior to scheduling the public hearing. Map 1: Map of the locality indicating the current and amended boundaries of the enterprise zone area. Please indicate the amended zone boundaries using the key below. All required features listed in the charts must be included on each map and clearly visible. All maps should indicate the acreage of additions, deletions, and total zone acreage. I Proposed Additions — Red fill with bold red dashed border I t Proposed Deletions — Blue fill with bold blue dashed border Existing Zone Boundaries — Green fill Exiting Zone Boundaries — Contiguous Areas of other localities in a Joint Zone Required Zone Features Included on Map: • Major Streets /Roads /Highways Labeled (Dark Gray Lines; Only Major Labels) wommmmown • City /County /Town Limits (Bold Blue Solid Lines) • Key Businesses /Employers • Key Properties /Revitalization Project Areas/ Developable Land • Airports/ Ports of Entry • Major Railways • Office or Industrial Parks • Special Districts Map 2: Map of the modified enterprise zone boundary indicating the existing land use characteristics. Please utilize the land use classifications below, and provide a key. Indicate on this map the total zone acreage and the approximate number of acres devoted to each type of use. Privately Held Land Publicly Held Land Business /Commercial State /Federally Owned Land Industrial Local Publicly Owned & Used Land Institutional Unused Publicly Owned Land Single- family Residential Parks & Recreational Areas Multi- family Parking Agricultural Parking Mixed -use Map 3: Map of the modified enterprise zone showing the boundaries of existing Zoning Districts. Please provide a key of the zoning districts shown. If the area is not zoned, this map is not required. 6 Virginia Enterprise Zones Complete this section only if this amendment modifies the zone boundaries to delete acreage. Delete this section if you are only requesting a change to zone incentives or adding acreage. Boundary deletions cannot exceed 15 percent of the total enterprise zone acreage for the locality. DHCD reviews boundary deletions on a case -by -case basis and requires assurance that the applicant has based their decision on reasonable and careful consideration. In the space below, please address the following questions: A. Describe the areas proposed for deletion from the zone. Explain the rationale for deleting the area(s) from the zone. Identify the total number of properties and the total number of businesses in the deleted area, and describe the process used to notify the owner of each property and business. j B. The local governing body must separately notify each property and business owner located within the area of the proposed deletion two weeks prior to holding the public hearing. A copy of these notification letters must accompany the amendment application. If the same letter was mailed to multiple owners, please provide a list of who received the letter. Publication of an ad in the local newspaper does not by itself, meet this requirement but may be used as an additional form of notification. C. Outline any comments received from these owners as well as comments made at the public hearing regarding the deletion, and how these comments were addressed. D. Discuss the impact of this decision on the revitalization efforts in the area(s) to be deleted and on the overall economic development efforts of the locality. Describe any future plans for the area(s). A. To amend the boundaries of Enterprise Zone One A by deleting acreage as indicated below: To delete from Zone One A approximately 0.71 acres, consisting of property located at the northeast side of Walnut Avenue SE, northwest side of Piedmont Street SE, and southwest side of the Roanoke River, with Official Tax Map Numbers 4030609, 4030613, and 4030615R. The deletion consists of acreage owned by entities which are excluded from zone benefit eligibility or are not conducive to development or redevelopment. The property is zoned CN: Commercial Neighborhood. 2. To delete from Zone One A approximately 1.58 acres, consisting of property located on the west side of Wiley Drive SW, south of Main Street SW, and northeast of the intersection of Winchester Avenue SW and Winona Avenue SW, with Official Tax Map Numbers 1121401 and 1130901. The deletion consists of acreage owned by entities which have utilized zone benefits and are not eligible to reapply in the near future, or acreage owned by an entity excluded from zone benefit eligibility. The property is zoned MXPUD: Mixed Use Planned Unit Development, and ROS: Recreation and Open Space. To delete from Zone One A approximately 12.79 acres, consisting of property located on Kimball Avenue NE, at the northeast side of 5th Street and Shenandoah Avenue NE, southeast of Rutherford Avenue NE, and west of the railroad right -of -way, with Tax Map Numbers 3015010 and 3030401. The deletion consists of acreage owned by entities which are not currently anticipating development or redevelopment, orjob creation. The property is zoned 1 -1: Light Industrial and 1 -2: Heavy Industrial. Enterprise Zones 4. To delete from Zone One A approximately 7.53 acres, consisting of property located on Kimball Avenue NE, northeast of 5th Street and Shenandoah Avenue NE, east of Rutherford Avenue NE, and west of the right -of -way, with Official Tax Map Numbers 3030302 and 3015009. The deletion consists of acreage owned by an entity which is not currently anticipating development or redevelopment, or job creation. The property is zoned 1 -2: Heavy Industrial. 5. To delete from Zone One A approximately 6.37 acres, consisting of property located on the south side of Dale Avenue SE, west side of Vernon Street SE, east of 21" Street SE, and north of Kenwood Boulevard SE, with Official Tax Map Number 4311201. The deletion consists of acreage owned by an entity which has utilized Enterprise Zone benefits. The property is zoned CLS: Commercial — Large Site. 6. To delete from Zone One A approximately 0.4 acres, consisting of property located on 13th Street SW, north of Campbell Avenue SW, south of Chapman Avenue SW, and west of 12th Street SW with Official Tax Map Number 1220310. The deletion consists of acreage owned by an entity not eligible to participate in Enterprise Zone benefits. The property is zoned IN: Industrial - Religious. Deleting the above properties from the City's Enterprise Zone One A will create additional opportunities for utilizing the program for other areas of the City where growth and revitalization is anticipated or occurring. Properties being deleted are either undevelopable due to natural constraints on the land, are owned by entities which are not eligible to apply for Enterprise Zone benefits, or are properties and /or businesses that have exhausted Enterprise Zone benefits. 8 Virginia Enterprise Zones Complete this section only if this amendment modifies the zone boundaries to add new acreage. Delete this section if you are only requesting a change to zone incentives or deleting acreage. Boundary additions cannot consist of a site for a single business and cannot be less than 10 acres in size. Counties with enterprise zones can include acreage within corporate town limits, provided the acreage addition falls within the total zone size requirements for the locality. Existing towns with enterprise zones may not add portions of the unincorporated areas into the zone through the amendment process. In the space below, please address the following questions: A. Describe the areas proposed for inclusion into the zone boundaries and explain the strategic importance of adding each area(s) to the zone. B. Indicate whether each added area is contiguous to existing zone boundaries or will count as a new non - contiguous zone area. C. Discuss relevant economic conditions, economic development /revitalization efforts occurring within the proposed addition. Quantify this information where possible. B. To amend the boundaries of Enterprise Zone One A and its Subzone B by adding additional acreage as indicated below: 1. To add to the current Zone One A approximately 14.02 acres, consisting of property located on the north side of Hershberger Road NW, east of Rutgers Street NW, south of Towne Square Boulevard NW, and west of Airport Road NW with Tax Map Number 6660105. This addition will incorporate property where redevelopment is occurring and the property will return to active commercial use. This property will be made contiguous to property already located in Zone One A. This property is zoned CLS: Commercial -Large Site. 2. To add to the current Zone One A's Subzone B approximately 0.72 acres, consisting of property located on the south side of Blue Hills Village Drive NE and southwest of the intersection with Orange Avenue NE with Official Tax Map Number 7160122. This addition will incorporate property that may be developed into active commercial use. This property will be made contiguous to property already located in Zone One A's Subzone B. This property is zoned CG: Commercial - General. 3. To add to the current Zone One A approximately 0.11 acres, consisting of property located on Winona Avenue SW, west of Main Street SW, north of Wasena Avenue SW, and east of 10th Street SW with Official Tax Map Number 1222209. This addition will incorporate property that is planned to be redeveloped into active commercial use or may be redeveloped in the future. This property will be made contiguous to property already located in Zone One A. This property is zoned CN: Commercial - Neighborhood. 9 Virginia Enterprise Zones 4. To add to the current Zone One A approximately 0.07 acres, consisting of property located on Main Street SW, north of Wasena Avenue SW, south of Winona Avenue SW, and east of 10th Street SW, with Official Tax Map Numbers 1222221 and 1222220. This addition will incorporate property that is planned to be redeveloped into active commercial use or may be redeveloped in the future. This property will be made contiguous to property already located in Zone One A. This property is zoned CN: Commercial- Neighborhood. 5. To add to the current Zone One A approximately 0.58 acres, consisting of property on Walnut Avenue SW, southwest of the intersection of Jefferson Street and Clark Avenue SW, and east of Maple Avenue SW, with Official Tax Map Numbers 1031716 and 1031717. This addition will incorporate property that is planned to be redeveloped into active commercial use or may be redeveloped in the future. This property will be made contiguous to property already located in Zone One A. This property is zoned D: Downtown. 6. To add to the current Zone One A approximately 2.22 acres, consisting of property located on 2nd Street SW, west of 1St Street SW, south of Franklin Road SW, and north of Day Avenue SW, with Official Tax Map Numbers 1013201 and 1013202; and consisting of property located on Franklin Road SW, east of 2nd Street SW, west of 1St Street SW, and north of Day Avenue SW with Official Tax Map Number 1013203. This addition will incorporate property that is planned to be redeveloped into active commercial use or may be redeveloped in the future. This property will be made contiguous to property already located in Zone One A. This property is zoned D: Downtown. 7. To add to the current Zone One A approximately 10.97 acres, consisting of property located on Williamson Road NW and Williamson Road NE, north of Hildebrand Road NW, south of Hollyhock Road NW, and west of Curtis Avenue NW, with Official Tax Map Numbers 2200202 and 2200244. This addition will incorporate property that is planned to be redeveloped into active commercial use or may be redeveloped in the future. This property will be made contiguous to property already located in Zone One A. This property is zoned CLS: Commercial -Large Site. 8. To add to the current Zone One A approximately 0.22 acres consisting of property located on Patterson Avenue SW, east of 11th Street SW, south of Rorer Avenue SW, and west of 10th Street SW with Official Tax Map Number 1112009. This addition will incorporate property that is planned to be redeveloped into active commercial use or may be redeveloped in the future. This property will be made contiguous to property already located in Zone One A. This property is zoned CN: Commercial - Neighborhood. Adding the above properties to the City's Enterprise Zone One A and its Subzone B will generate additional opportunities for revitalization where buildings and sites are currently vacant, underutilized, undeveloped, or development is pending. 10 Virginia Enterprise Zones Appendix I: Public hearing and resolution requirements ................................ ............................... ...........................Page 12 Localassurances ................................................................................ ............................... ...........................Page 13 Joint application agreement form .................................................. ............................... ...........................Page 14 Appendix II: Sizerequirements ............................................................................. ............................... ...........................Page 15 Zoneconfigurations .................................................................... ............................... ...........................Page 15, 16 Appendix III: Requirements for incentive amendments ..................................... ............................... ...........................Page 17 Public Heanne and Kesoiution Keauirements Advertisement Requirements ❑ Ads must be published once a week for two successive weeks in a newspaper of general circulation. ❑ The final advertisement cannot be published less than five days or more than twenty -one days prior to the hearing. ❑ The ad must give the time, date, and location of the hearing. ❑ Amendment Application must include proof of publication showing the dates the ad was published. Public Hearing Requirements ❑ Local Governing Body must hold at least 1 public hearing prior to passing the resolution authorizing submission of the amendment application. ❑ Public Hearings may not be held more than 6 months prior to submission. ❑ Public Hearings must be open to the public and allow time for comment. ❑ Amendment Application must include an official copy of the Public Hearing Minutes. The complete requirements for conducting public hearings are stated in §15.2 -2204, Code of Virginia. Resolution Requirements ❑ Resolutions should indicate that the local governing body: ❑ Is applying for an Enterprise Zone Amendment ❑ Authorizes the Chief Administrator acting as Local Zone Administrator to submit all information needed to apply for a zone amendment ❑ Authorizes the Chief Administrator to meet other administrative and reporting requirements, as defined by the Enterprise Zone Regulations, throughout the life of the zone. ❑ If in Joint Zone: Indicates that each locality has completed the Joint Application Agreement, authorizing the amendment application to be submitted. ❑ Where there is no Chief Administrator, a Clerk may also be authorized for these duties. Information for Joint Zone Localities ❑ Each locality in a joint zone must submit a separate amendment application to amend their boundaries or local incentives. All localities participating in the joint zone (regardless of whether or not they are amending their portion of the zone) must pass approval resolutions and sign joint application agreements for any amendment made by a partnering joint applicant, ❑ Each locality can only amend their portion of the zone application once every twelve months from the approval date of their last amendment. Appendix I Advertising and Public Hearing Sample Advertising & Public Hearing Timeline 1 -month Prior to Advertising: Amendment Draft Submitted to DHCD for Review. Public Hearing Date Set after DHCD Draft Approval. Day 1: Public Hearing Advertisement 1 Day 8: Public Hearing Advertisement 2 (7 Days after 1St Advertisement) Day 15: Public Hearing Held (5 to 21 Days after 2nd Advertisement) Day 16: Governing Body Resolution Passed (After Public Hearing) Day 20: Local Assurances Signed by Chief Administrator (After Public Hearing & Resolution) Day 30: Joint Zone Amendment Agreement Signed (After Public Hearing & Resolution if Joint Zone) Day 60: Amendment Submitted to DHCD (Within 6 months of Public Hearing) 13 Virginia Enterprise Zones Governing Body Resolution ,Cottlap Noarb of *uperbt ors RESOLUTION 2014 -12 -05 VIRGINIA: At a regular meeting of the Board of Supervisors of�County, Virginia, held on Tuesday, December 16, 2014, the following resolution was presented and adopted: WHEREAS, County has a designated Enterprise Zone, identified as Zone ME that provides a combination of State and Local incentives to promote economic development, and WHEREAS, there is a current need to amend the existing Enterprise Zone 41 in - County to incorporate additional properties in and around the Towns of _and M to increase economic growth opportunities, and WHEREAS, this proposed expansion will serve to benefit economic and industrial expansion of�Cotuity to meet the goals and objectives of the Virginia Enterprise Zone Program, then THEREFORE:, BE IT HEREBY RESOLVED that the � County Board of Supervisors authorizes the County Administrator to submit the necessary Enterprise Zone amendment package and sign all necessary documentation on behalf of � County for this proposed Enterprise Zone amendment, and to meet other program administrative and reporting requirements, as defined by the Enterprise Zone Regulations throughout the life of the zone. Given under my hand this 16`h day of December. 20t4. Recorded Vote Moved By. Seconded By: Yeas: 7 Nays: 0 14 A t'opy "rest County Board of Supervisors Virginia Enterprise Zones Appendix I Local Assurances Local Assurances and Authorizations are used to certify the accuracy of the information provided by the applicant and to insure that the Program Regulations will be met. All applications must include a certified Resolution from the local governing body, which is separate from the Local Assurances LOCAL ASSURANCES As the representative of the local governing body of the City of Roanoke , I hereby certify that: (locality) 1) The information in the Enterprise Zone application is accurate to the best of my knowledge; 2) A public hearing was held on by the aforementioned locality to solicit comments on this request for application amendment. A copy of the public hearing advertisement and a copy of the public hearing minutes are attached; 3) Any local enterprise zone incentives proposed by the aforementioned locality in the Enterprise Zone application represents a firm commitment by the locality and have been reviewed by the local governing body's attorney as to their legality; 4) It is understood that if at any time the aforementioned locality is unable or unwilling to fulfill a commitment to provide local enterprise zone incentives, or if no state enterprise zone incentives have been utilized within a five -year period, the zone shall be subject to termination. Chief Administrator: Title: City Manager Date: 15 Virginia Enterprise Zones Appendix I Joint Zone Amendment Agreement Each jurisdiction participating in a joint zone must complete the following form when any jurisdiction in the zone submits an amendment application. This form insures that all jurisdictions are in agreement with the application being submitted by the amending jurisdiction. JOINT ZONE AMENDMENT AGREEMENT As the representative of the local governing body of , I hereby certify that: (locality) 1) The aforementioned locality is in agreement with the amending jurisdiction in filing this amendment; 2) The information in the Enterprise Zone application is accurate to the best of my knowledge; 3) A public hearing was held by on (amending locality) (date) to solicit comments on this amendment application amendment; 4) It is understood that if at any time the aforementioned locality is unable or unwilling to fulfill a commitment to provide local enterprise zone incentives listed in this application, the zone shall be subject to termination. Chief Administrator: Title: Date: 16 Virginia Enterprise Zones Appendix 11 Zone Size Requirements and Configurations Size Limits for City Zones Minimum: one - quarter (1/4) square mile (160 acres). Maximum: one square mile (640 acres). Towns: Town Zones designated before 2005 should use the City size requirements listed here. Exception: may be larger than one square mile provided it does not exceed seven percent (7 %) of the locality's land area or it does not encompass more than seven percent (7 %) of the locality's total population. To calculate the population exception, the LZA must use the most recent Weldon Cooper Centers' final (not provisional) population estimates for the locality. Amendments submitted with incorrect population estimates will not be accepted. Weldon Cooper Public Service Center: http:// www .coopercenter.orx/demographics /POP ULATION %20ESTIMATES/ Size Limits for County Zones Minimum: one -half (1/2) square mile (320 acres). Maximum: six square miles (approximately 3,840 acres). Size Limits for Zones in Consolidated Cities Zones in cities where the present locality boundaries have been created through the consolidation of a city and county (Chesapeake, Hampton, Newport News, and Virginia Beach) or the consolidation of two cities (Suffolk and Richmond), must use the minimum and maximum size guidelines for County Zones described at left. Single Jurisdiction Zone Size Requirements and Configurations Single zone: An enterprise zone located entirely within a single jurisdiction. The locality's zone can consist of three non - contiguous zone areas. If a locality has two zone designations, each of the zones can consist of three non - contiguous areas. For zones designated after 2005, a county zone may include incorporated town acreage as part of the county's zone acreage. This addition does NOT constitute a joint zone. The acreage within the town limits counts towards the county's maximum zone acreage. Towns added into the county acreage are not required to offer local enterprise zone incentives, but may. �i Non- contiguous i county zone areas County Zone �\ i Boundaries -- - - - - -- I I i Town Boundaries L------ - - - - -I i Portion of town limits in County's zone i County Boundaries , 17 Virginia Enterprise Zones Joint Zone Size Reauirements and Configurations A joint zone is an enterprise zone located in two or more jurisdictions. Each locality's portion of the joint zone can consist of up to three non - contiguous areas. The total acreage of the three non - contiguous areas must meet the total size requirements for that type of locality. In the case of the joint zone, one of the locality's three possible zone areas must be contiguous to at least one other participant's zone area. The following are some examples of joint zone configurations: = Non - contiguous areas of a locality's portion of a joint zone = Area where localities in joint zones are contiguous EXAMPLE B: FOUR- LOCALITY JOINT Locality B Locality D Locality A Locality C 18 Virginia Enterprise Zones Appendix III Incentive Amendments Local incentives are a critical part of the success of an enterprise zone and they should be selected carefully. It is important for a locality to develop a package of incentives that address the locality's economic conditions and barriers to economic development goals. Local incentives should assist target businesses in overcoming these specific barriers by providing incentives tailored to their needs. The number of incentives is not as important as the quality and impact of the incentives. If no zone businesses have qualified for a particular local incentive for more than one year, it might be appropriate to make amendments to the incentive. Because Virginia is a Dillon Rule state, localities have very little authority to offer local tax incentives unless expressly allowed through the Code of Virginia. The Virginia Enterprise Zone Grant Act allows participating localities to offer a variety of incentives to businesses. 1. Dos & Don'ts ❑ Local incentives should be directly linked to revitalization and development goals. ❑ Local incentives should be tailored to both new and existing targeted business sectors. ❑ Local incentives should offer a variety of financial and non - financial incentives. ❑ Local incentives should be based on feedback from existing businesses that can identify industry priorities and obstacles to growth. Once established, incentives should be updated based on regular feedback from participating zone businesses. ❑ Incentives should reward firms that make a commitment to invest in a zone by creating new jobs and /or investment. Some incentives should have a performance threshold for qualification. ❑ Local incentives should fill in the gaps of the state incentives therefore qualification for local incentives should NOT be contingent on state incentive qualification. ❑ Local incentives should have measurable outcomes to track development. ❑ Incentives should represent sound fiscal policy and not provide an excessive level of benefit that would be inappropriate from an economic point of view. ❑ Local incentive should NOT violate the Virginia Constitution. The Uniformity Clause of Article 10, Section 1, of the Virginia Constitution specifies that taxation must be uniform in territory, subject, and class. As it relates to the Enterprise Zone program the concern is that taxation must be uniform throughout an entire locality unless there is state enabling legislation that allows otherwise. Local incentives should be reviewed by the local governing body's attorney to ensure their compliance with the Virginia Constitution. ❑ Local incentives should NOT be available throughout the entire locality unless special actions are taken to encourage greater utilization of the incentive within the proposed enterprise zone or a greater benefit is provided within the zone (i.e. lower qualification threshold or larger grant amount). 19 Virginia Enterprise Zones Incentive Amendments Cont... 2. Instructions for Chart 2 Incentive number,_ name_ and description: Number the incentive; provide its name, and a brief description. Provider: Identify the name of the organization or entity that has primary responsibility for implementing the incentive. If the applicant locality is to be the provider, indicate this with the word "applicant ". In the case of a Joint Zone, use the name of the appropriate locality. ❑ If the incentive is to be provided by an assigned agent, indicate the name of the organization or entity and attach the commitment letters or memorandums of understanding. A local redevelopment or housing authority, industrial development authority, school board or other independent /semi - independent agency is considered an assigned agent. For example, if Saltville's Office of Planning will issue the BPOL waiver, they should be listed as the provider on the incentive chart. Qualification Requirements: List any locally imposed requirements that businesses must meet in order to receive the incentive. If there are no eligibility requirements or if the incentive involves service improvements, capital expenditures or other actions that benefit the businesses and residents within the zone, indicate with the word "none. "An example of a qualification requirement would be that a business must make a certain dollar amount of real property improvements in order to receive the local incentive. Timeframe for Qualification: If there is a period of eligibility for applicants, please include it here. For example, if a business is eligible for BPOL tax exemption for 5 years, the applicant should indicate what would serve as Year 1. In some localities this would be their first full calendar year of operation, while in others, it would be 12 -month years from the date of their BPOL or the portion of the calendar year after they receive their BPOL. Exclusivity to Zone: Check appropriate box. For localities offering an incentive that is not exclusive to the zone, use this section to explain how the incentive will be enhanced for use in the zone. Remember, incentives that are available locality -wide should not be included in the package unless they have been modified for added benefit or reduced qualification requirements within the zone boundaries. Period of Availability: Indicate the period of time for which the incentive will be made available; "entire life of zone" or "first five years of zone operation ", etc. Explain the rationale behind the period of availability. This box refers to the period of availability for the incentive, not the qualification period for an applicant, which should be described under "Qualification Requirements ". Effective Date: Indicate when the incentive will become available, i.e. "upon zone designation" or "FY 2017." Action to Implement: Indicate what actions have been or will be taken to assure that the incentive will be implemented, and who will be responsible for initiating this procedure. This may include actions such as a local ordinance or formal approval by the Board of Supervisors. Any real property partial tax exemptions allowed under statue § 58.1 - 3219.4, § 58.1 - 3220.1, or § 58.1 -3221 require an ordinance. Financial Value of Incentive: Quantify the estimated value of the incentive for a typical business and indicate an anticipated amount available, if appropriate. Example: If the average building permit fee is $1,000, the value of an incentive to waive building permit fee is $1,000. A free design assistance incentive would report a dollar amount based on the estimated market rate cost of the service. Source of Funds: State the source of funds required to implement the incentive (e.g., "local general funds ", "local revenue bonds "). For sources of funds other than local revenues, indicate the status of fund availability ( "grant received" or "application pending "). If the incentive does not involve direct expenditures (regulatory or tax relief), indicate this with the word "none" or "forgone revenue." 20 Virginia Enterprise Zones Annual Budget Allocation (Pending Approval): For proposed incentives that will be funded through local revenues, indicate the amount that will be allocated in the locality's annual budget. 3. Examples of Local Incentives The following list is not inclusive but serves as an example of the most frequently offered local enterprise zone incentives: Real estate tax exemption: Virginia Code sections 58.1 -3220 and 3221 serve as the enabling legislation and give all localities the authority to offer exemptions on real estate tax when certain conditions are met. This incentive can be offered locality wide, not just within the zone. In such cases where this incentive is offered locality -wide, the incentive criteria needs to be customized in the zone in order to be considered as a local enterprise zone incentive. Real estate tax abatement, refunds, or rebates are prohibited under the State Constitution. Machinery & tools tax grants: The Uniformity Clause applies and there is no enabling legislation to allow for the exemption of this tax. Therefore, a locality wishing to offer an incentive related to the machinery and tools tax must first collect the tax uniformly from all appropriate taxpayers across the locality -those within the enterprise zone as well as those outside the zone. Once the tax is collected, the locality may offer businesses a grant based on their machinery and tool tax. This is usually done through the local Industrial Development Authority. Machinery and tools tax abatement, refunds, or rebates are prohibited under the State Constitution. BPOL tax, utility tax, or permit fees: The Uniformity Clause does not apply to these taxes and fees. Localities are free to offer these incentives in the form of rebates, refunds, and abatements. Local Enterprise Zone Development Taxation Program: Section 58.1- 3245.6 through Section 58.13245.11 of the Code of Virginia enables designated zone localities to establish a Local Enterprise Zone Development Taxation Program. Incremental tax revenues generated from real property or machinery and tools, or both can be used to establish an enterprise zone development fund to pay for enhancements to government services that promote economic development. Tax Exemption: §58.1 -3221 of the Code of Virginia enables localities to defer the taxes on the increase in assessed value as a result of the rehabilitation of real estate for structures at least 15 years of age in enterprise zones and 20 years of age elsewhere in the jurisdiction. Local Tax Rebates: BPOL tax fees, local sales tax on items purchased in the community for conduct and trade of business in the enterprise zone. Business Loans: Facade improvement loans for both commercial and industrial properties, low interest loan funds for start -up and expansion, revolving loan funds composed of local and private funding sources. Fee Waivers: Permit fees, sewer and water tap fees, utility fees. Job Training: Targeted training programs to meet business needs. Non - financial: Fast track permitting, loan packaging assistance, and design assistance. 21 Virginia Enterprise Zones Incentive Amendments Cont... 4. Local Incentive Qualification Requirements A locality should establish qualification requirements for each of its local incentives so that the incentives allow for a good return on investment for the locality (i.e. private investment or jobs leveraged). These requirements should be reasonable (not too restrictive) so that businesses can actually qualify. The detailed qualification requirements for each local incentive should be outlined in writing and approved by the local governing body prior to the submitting the amendment to DHCD. As part of this process, pertinent terms of the incentive qualifications should be defined as should the process for incentive application approval, life of the incentive, and the value of incentives. For example, if a locality is offering a machinery and tools tax grant based on the creation of five new jobs the locality needs to define "new jobs" for the purposes of the incentive qualification. Continuing with this example, would "new jobs" be considered net new, permanent full time and would there be any wage or benefit requirements in this definition? In addition, a locality may establish conditions on the availability of such incentives. For example, a locality may propose to make grant funds available to new businesses during the first five years of zone operation. It may propose a three -year utility tax exemption for new or expanding firms or propose to restrict the availability of low interest business loans to new firms locating in the zone that agree to meet certain locally set hiring requirements. Conditions should NOT require businesses to qualify for a state incentive in order to qualify for a local incentive. S. Financial Value of Incentives The quantity of local enterprise zone incentives offered is not as important as the quality of local incentives. The incentives should be meaningful and beneficial to targeted business sectors. For example, if the cost of water and sewer service is higher in the county than in the city, the county zone may consider offering a water /sewer hookup fee incentive to help offset its higher service fees. The financial impact of the water /sewer hookup fee incentive should provide a considerable reduction, not just mere pennies in savings. Some incentives may have a different type of monetary value but can still have a valuable impact on the business. For example, if crime and vandalism to zone businesses is an issue, free consultations with the Crime Prevention through Environmental Design (CPTED) planner with the police department can be a valuable incentive where the value of the incentive would be the "consultant" market rate or police employee wage for such training. 6. Local Assigned Agents A locality may designate an assigned agent, such as a local redevelopment and housing authority, a nonprofit entity or a private for - profit entity, to provide local incentives. This arrangement should be documented by a written commitment from the agent. 7. Termination Section §59.1 -284 of the Virginia Enterprise Zone Grant Act describes two circumstances that can result in the termination of a designated zone. First, in the event the local government or an assigned agent is unable or unwilling to provide regulatory flexibility, tax incentives or other public incentives as proposed in the application for zone designation, the zone may be terminated. This is avoidable if the applicant is able to amend the application by substituting an incentive that is equal or superior to the incentive originally approved. Second, if no business firms in an enterprise zone have qualified for state incentives within a five - year period, the zone will be terminated. 22 Virginia Enterprise Zones Frequently Asked Questions 1. If I submit an amendment, when does it take effect? a. An amendment is retroactive to January 1 of the calendar year in which the amendment was submitted. 2. Is there a deadline for amendment applications? a. For consideration within a Calendar Year, Amendment Applications should be submitted to DHCD no later than November 1" of that calendar year. Approval of Amendment Applications can take several weeks to process, and applications submitted during December are not guaranteed for approval for that year. 3. Does DHCD have to review our amendment plans before the Public Hearing? a. Yes. DHCD must review your amendment plans before the Public Hearing is scheduled. Local Zone Administrators should send draft boundary and incentive changes to DHCD to approve, to ensure that the proposed changes fall within the program regulations. DHCD recommends submitting drafts at least 1 month in advance of the intended public hearing date. 4. Do I complete the entire application? a. No. Local Zone Administrators should only submit the pages of the application that apply to the amendment they are requesting. For example, if the amendment requests a boundary addition, the boundary deletion and incentive amendment sections can be deleted. 5. How can amendment be used to improve state incentive usage? a. Amendments can be a strategic tool for improving the impact of an Enterprise Zone. Local Zone Administrators should contact DHCD to discuss options for improving incentive use in order to avoid expiring due to inactivity. 23 Virginia Enterprise Zones DEPARTMENT OF ECONOMIC DEVELOPMENT Roanoke, Church Avenue, 01 �,� AR Roanoke, Virginia 24oii 540.853.2715 fax 540.853.1213 ROAN O K E www.roanokeva.gov October 22, 2018 Anstey Holding, LLC 2616 Longview Avenue, SW Roanoke, VA 24014 Dear Property and /or Business Owner: The City of Roanoke is proposing boundary amendments to Enterprise Zone One A and Subzone B. The amendments will remove the properties on the attached list from the boundaries of Enterprise Zone One A. City of Roanoke Real Estate Valuation and /or the Treasurer's Office records indicate you own one or more of the properties, or operate one or more of the businesses on the attached list. State enterprise zone regulations require the City of Roanoke to notify all property and business owners whose property is affected when a boundary amendment occurs that deletes a property from an Enterprise Zone. City records indicate that your property, shown on the attached list, will be affected by these amendments by being removed from Enterprise Zone One A, and will no longer be eligible for state and local incentives offered in the Enterprise Zone. A copy of the maps, a list of properties' tax map numbers, additional documents included in the amendments, and the local incentives currently offered in Zone One A and its Subzone B are available for public inspection in the Department of Economic Development located at 1 1 7 Church Avenue, S.W Roanoke, Virginia 24011. Please contact Aisha Johnson, Enterprise Zone Administrator, at (540) 853 -5661 if you want additional information about a specific piece of property included in the amendments. A public hearing regarding the proposed boundary amendments to Enterprise Zone One A and its Subzone B is scheduled for Monday, November 19, 2018, at 7 p.m. in the City Council Chamber located on the fourth floor, room 450, of the Noel C. Taylor Municipal Building located at 215 Church Avenue, S.W., Roanoke, Virginia 24011. Should you have any questions regarding this notice, please contact Ms. ,Johnson. Since , Robert . Cowell, ,Jr., City Manager Roanoke, VA Enterprise Zone Amendments - 2018 Properties to be Deleted from Enterprise Zone One A Tax Map Number Business /Property Owner Address 4030609 4030613 Dou Mar, LLC Star Bridge, LLC 1101 Piedmont Street, SE, Roanoke, VA 24014 1115 Piedmont Street, SE, Roanoke, VA 24014 4030615R City of Roanoke Virginia 0 Walnut Avenue, SE, Roanoke, VA 24014 1121401 1130901 Anstey Holding, LLC City of Roanoke Virginia 802 Wiley Drive, SW, Roanoke, VA 24015 0 Wiley Drive, SW, Roanoke, VA 24015 3015010 Norfolk and Western Railway Co 0 Kimball Avenue, NE, Roanoke, VA 24016 3030401 Norfolk Southern 0 Kimball Avenue, NE, Roanoke, VA 24016 4311201 Hollywood WND Dale LLC 2141 Dale Avenue, SE, Roanoke, VA 24013 3030302 Roanoke Gas Light Co 532 Kimball Avenue, NE, Roanoke, VA 24016 3015009 Roanoke Gas Light Co 519 Kimball Avenue, NE, Roanoke, VA 24016 1220310 lWest End Methodist 516 13th Street, SW, Roanoke, VA 24016 Zoning Districts MJ CG'. Commercial - General CG(c): Commercial - General Conditional CLS: Commercial -Large Site CLS(c): Commercial -Large Site Conditional CN: Commercial- Neighborhood CN(c): Commercial- Neighborhood Conditional D: Downtown D(c): Downtown Conditional 1 -1: Light Industrial 1 -1(c): Light Industrial Conditional 1 -2: Heavy Industrial IN Institutional IN(c): Institutional Conditional - INPUD: Institutional Planned Unit Dev INPUD(c): Institutional Planned Unit Dev Conditional IPUD(c): Industrial Planned Unit Dev Conditional - MX: Mixed Use MX(c): Mixed Use Conditional EDMXPUD: Mixed Use Planned Unit Dev MXPUD(c): Mixed Use Planned Unit Dev Conditional R -3: Res Single- Family R -5: Res Single - Family R -7: Res Single - Family RA: Res - Agricultural RM -1: Res Mixed Density .W �! RM -1(c): Res Mixed Density Conditional RM -2: Res Mixed Density `' RM -2(c): Res Mixed Density Conditional - RMF: Res Multifamily RMF(c): Res Multifamily Conditional - ROS: Recreation and Open Space UF: Urban Flex UF(c). Urban Flex Conditional 1 l: Modified Enterprise Zone and y= z� Ott$ CITY OF ROANOKE A 0 0.25 0.5 1 - Miles r Content may not reflect National Geographic's current: map policy. Sources: National Geographic, Esn, DeLorme, HERE, UNEP -WCMC, USGS, NASA, ESA METI, NRCAN, GEBCO, NOAA, increment P Corp. , Pr. ._ =adrini 1' Current and Amended Boundariesa t of Enterprise Zone Area V Acreage of Additions: 29 Acreage of Deletions: 29 Total Zone Acreage: 1903 CITY OF ROANOKE 0 0.25 0.5 1 Miles Content may not' reflect.;National Geographic's current map policy. Sources: National Geographic, Esri, DeLorme.. HERE, UNEP -WCMC. USGS, NASA, ESA, METI, NRCAN, GEBCO, NOAA, increment P Corp. STATEMENT OF CONFLICT OF INTEREST I, John A. Garland, state that I have a personal interest in Agenda Section B, Public Hearings, Item B. 3 of the 7:00 p.m. Session of City Council on November 19, 2018, regarding the Proposal of the City of Roanoke to consider boundary amendments to Enterprise Zone One A and its Subzone B because I hold interests in entities that own properties that are proposed to be included in the amended boundaries. Therefore, pursuant to Virginia Code Section 2.2 -3112, I must refrain from participation in this matter. I ask that the City Clerk accept this statement and ask that it be made a part of the minutes of this meeting. Witness the following signature made this 19th day of November, 2018. <._ l� Seal John . Garland, Coun ' Member IEPENDENT ANALYSIS OF DUMAS HOTEL LEGACY, INC. BUSINESS PROFORMA I have reviewed the revised spreadsheet showing three years of income and cash flow. The first six pages are showing the impact on profits and cash flow should there not be any donations, the second six sheets show the original projections with the anticipated donations. I have also made the changes to show the new lease figures. Looking over the number on the first six sheets (with no donations, only rent and ticket sales) there is an income projection of $363,435 in Year 1. After all expenses of operating the business and the theater, there is a profit shown of $117,546. If you look at the cash flow for year one, you will see before the loan payment and any building reserve deduction, there is a positive cash flow of $200,918. In the cash flow statement we had calculated a $900,000 note for 25 Years at 5.5 %. (that may need to be adjusted some) which would be an annual note payment of $66,321. Most banks will require a coverage ratio of at least 25% (1.25 factor) - you would need to have at least $66,321 x 1.25 or $82,901. If you look at the income statement and take out interest and depreciation, your expenses to operate the building plus the theater would be $182,520. Add to that the $82,901 and you have a total of $265,421 necessary to pay all expenses and the bank note. Looking at the Income statement you will see that with just rents and theater ticket sales, there is an income of $363,435 leaving an excess of $98,014. Even if several tenants were loss, there is still additional income to pay all debts. On the cash flow statements there was also added a line item for building reserve fund of $28,800. This is capital put aside for any future repairs due to depreciation. Even with that taken out, there is still sufficient cash flow. This proposal should show a more favorable picture of the bankability of this project. I am sure you are confident that on top of these numbers, the organization will be able to raise additional funds from donations, grants, sponsors and special events. The income from none of those are included in these projections. -Local Business Financial Expert The Dumas Hotel Legacy, Inc. thelegacyofcommunity @gmail.com 540.343.5219 The Dumas Hotel Legacy, Inc. DUMAS HOTEL PROJECT BY THE NUMBERS: 21— MONTHS EFFORT (MARCH 2017 - PRESENT) $55,000— RAISED FROM DONOR /MEMBERS (AVG OF 20K IN 3 -5 WKS) 425- DONORS/MEMBERS (We Are the Community) $288,400-WRITTEN LEASE &USE COMMITMENTS (exceeding banking 1:2 Ratio) 742- FACEBOOK FOLLOWERS (Avg of 1000 views per post) $4S,000— GENERATED IN SPONSORSHIPS AND IN'KIND 25+COLLABORATING COMMUNITY ORGANIZATIONS 2.5% DUMAS ONE OF 25% THE NAT'L GREEN BOOK SITES LEFT (NATIONAL TOURISM ASSET) 165CITIZENS HAVE SIGNED PETITION SHOWING SUPPORT OVER 1500PARTICIPANTS HAVE ATTENDED OUR EVENTS (VACARES, FOCUS ENTERTAINMENT, WE ARE ONE, INC., AGAPE, DIVERSITY SERVES, INC., APPLE RIDGE FARMS, CRISTIANSBURG INSTITUTE, VIRGINIA TECH, FERRUMCOLLEGE, DEL. SAM RASOUL, DEL. CHRIS HURST, COLORS, VA, SMITHENERGY, INC., COMMUNITY ARTSREACH, INC., ROANOKE COLLEGE, GIBSON & WHITE PRODUCTIONS, INC.)