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Home My WebLink AboutCouncil Actions 02-20-07 Mason 37677-022007 ROANOKE CITY COUNCIL REGULAR SESSION FEBRUARY 20, 2007 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order--RolI Call. (Council Members Dowe and Lea arrived late.) The Invocation was delivered by Council Member Beverly T. Fitzpatrick, Jr. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor C. Nelson Harris. Welcome. Mayor Harris. NOTICE: Meetings of Roanoke City Council are televised live on RVTV Channel 3. Today's Council meeting will be replayed on Channel 3 on Thursday, February 22, 2007, at 7:00 p.m., and Saturday, February 24, 2007, at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456, NOEL C. TAYLOR MUNICIPAL BUILDING, 215 CHURCH AVENUE, S. W., OR CALL 853-2541. THE CITY CLERK'S OFFICE PROVIDES THE MAJORITY OF THE CITY COUNCIL AGENDA ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO ACCESS AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT WWW.ROANOKEVA.GOV.CLlCKONTHESERVICEICON.CLlCK ON COUNCIL AGENDAS TO ACCESS THE APPROPRIATE AGENDA AND COUNCIL MEETING. IF ADOBE ACROBAT IS NOT AVAILABLE, A PROMPT WILL APPEAR TO DOWNLOAD PRIOR TO VIEWING AGENDA INFORMATION. NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. SPECIAL ASSISTANCE IS AVAILABLE FOR DISABLED PERSONS ADDRESSING CITY COUNCIL. EFFORTS WILL BE MADE TO PROVIDE ADAPTATIONS OR ACCOMMODATIONS BASED ON INDIVIDUAL NEEDS OF QUALIFIED INDIVIDUALS WITH DISABILITIES, PROVIDED THAT REASONABLE ADVANCE NOTIFICATION HAS BEEN RECEIVED BY THE CITY CLERK'S OFFICE. ALL PERSONS WISHING TO ADDRESS COUNCIL WILL BE REQUIRED TO CALL THE CITY CLERK'S OFFICE PRIOR TO THE MONDAY COUNCIL MEETING, OR REGISTER WITH THE STAFF ASSISTANT ATTHE ENTRANCE TO THE COUNCIL CHAMBER PRIOR TO COMMENCEMENT OF THE COUNCIL MEETING. ONCE THE COUNCIL MEETING HAS CONVENED, THERE WILL BE NO FURTHER REGISTRATION OF SPEAKERS, EXCEPT FOR PUBLIC HEARING MATTERS. ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE ALLOTTED FIVE MINUTES EACH; HOWEVER, IF THERE ARE MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLOTTED THREE MINUTES. ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMITTEE IS REQUESTED TO CONTACT THE CITY CLERK'S OFFICE AT 853-2541, OR ACCESS THE CITY'S HOMEPAGE AT WWW.ROANOKEVA.GOV, TO OBTAIN AN APPLICATION. , 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: Recognition of exchange students from Saitama City, Japan. File #80 A Resolution memorializing the late Honorable Bobby G. Pollard, Member of the Bedford County Board of Supervisors. Adopted Resolution No. 37677-022007. (6-0, Council Member Lea was not present when vote was recorded.) Ceremonial copy was presented to Mrs. Pollard. File #367 3. CONSENT AGENDA (Approved (6-0, Council Member Lea was not present when vote was recorded.) 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-l Minutes of the regular meetings of Council held on Monday, December 18, 2006, Tuesday, January 2, 2007, and Tuesday, January 16, 2007; and a special session of the City Council Personnel Committee held on Tuesday, January 2, 2007. RECOMMENDED ACTION: Dispense with the reading of the minutes and approve as recorded. C-2 A communication from Mayor C. Nelson Harris requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(I), Code of Virginia (1950), as amended. Not held. File #110-132 C-3 A communication from Council Member Alfred T. Dowe, Jr., Chair, Personnel Committee, requesting that Council convene in a Closed Meeting to discuss the mid-year performance of three Council-Appointed Officers, pursuant to Section 2.2-3711 (A)(I), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. File #132-202 J C-4 A communication from LoraJ. Katz tendering her resignation as a member of the Architectural Review Board. RECOMMENDED ACTION: Accepted the resignation and received and File #110-249 filed the communication. C-5 A report of the qualification of Stephanie M. Moon as City Clerk for the City of Roanoke, for a term ending September 30, 2008. RECOMMENDED ACTION: Received and filed. File #38 REGULAR AGENDA 4. PUBLIC HEARINGS: NONE. 5. PETITIONS AND COMMUNICATIONS: a. A request of Valley Forward to address City Council in connection with utilizing Roanoke's assets. John D. Lugar, Chair; and Robert P. Fralin, Vice-Chair, Spokespersons. (Sponsored by Mayor C. Nelson Harris and Vice-Mayor David B. Trinkle.) Matter was referred to the City Manager for report to Council. File #166 b. Presentation by Kevin Page, Director of Rail Transportation, Virginia Department of Rail & Public Transportation, with regard to the Intermodel Facility process. (Sponsored by the City Manager.) The City Manager will continue to follow-up and Mayor Harris and Council Member Wishneff are to be included in any dialogue. File #533 6. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: · LEED Cost/Savings for Williamson Road Fire Station (Immediately following the 2:00 p.m. session - Council's Conference Room.) . No action taken. (Council Member Lea entered the meeting prior to the briefing.) File #70 4 ITEMS RECOMMENDED FOR ACTION: 1. Acceptance of a Norfolk Southern Foundation Grant in support of an independent study of the Virginia Museum of Transportation; and appropriation of funds. Adopted Resolution No. 37678-022007 and Budget Ordinance No. 37679-022007. (5-0, Council Member Fitzpatrick abstained from voting; and Council Member Lea was not present when vote was recorded.) File #60-223-229-236 2. Acceptance of a Workforce Investment Act Incentive Grant for the period of January 1, 2007 through March 31, 2008; and appropriation of funds. Adopted Resolution No. 37680-022007 and Budget Ordinance No. 37681-022007. (6-0, Council Member Lea was not present when vote was recorded.) File #60-72-236 3. Acceptance of a Data Share Grant from the United States Department of Criminal Justice Services, through the Edward Byrne Memorial Grant Program; and appropriation of funds. Adopted Resolution No. 37682-022007 and Budget Ordinance No. 37683-022007. (5-0, Council Member Dowe abstained from voting; and Council Member Lea was not present when vote was recorded.) File #5-60-236 4. Amendment of the 2005-2010 City's HUD Consolidated Plan to include the "Summer 2007 World Changers Housing Rehabilitation Project"; and execution of a CDBG Subgrant Agreement with Blue Ridge Housing Development Corporation, Inc. Adopted Resolution No. 37684-022007. (6-0, Council Member Lea was not present when vote was recorded.) File #1 78-236 5. Appropriation and transfer of funds in connection with repairs to the Market Garage. Adopted Budget Ordinance No. 37685-022007. (6-0, Council Member Lea was not present when vote was recorded.) File #60-516 5 6. Authorization to file an application to rezone three parcels of City-owned property located on Highland Farm Road, N. W.; and adoption of an INPUD Development Plan, in orderto permit redevelopment of the William Fleming High School campus. Adopted Resolution No. 37686-022007. (6-0, Council Member Lea was not present when vote was recorded.) File #51 7. REPORTS OF COMMITTEES: NONE. 8. UNFINISHED BUSINESS: NONE. 9. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 10. MOTIONS AND MISCELLANEOUS BUSINESS: NONE. a. Inquiries and/or comments by the Mayor and Members of City Council. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. 11. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. Ms. Evelyn D. Bethel and Ms. Helen E. Davis, 35 Patton Avenue, N. E., appeared before the Council. 6 12. CITY MANAGER COMMENTS: The City Manager announced that she participated in the Chinese New Year Celebration on Sunday, February 18, 2007. She also announced that City Council/Staff attended the unveiling of FreightCar America's second production line - the hybrid car - at 1 :00 p.m. File #80 THE COUNCIL MEETING WAS RECESSED AND RECONVENED IN THE COUNCIL'S CONFERENCE ROOM, ROOM 451, NOEL C. TAYLOR MUNICIPAL BUILDING FOR A BRIEFING AND A CLOSED SESSION. CERTIFICATION OF CLOSED SESSION. (6-0, Mayor Harris left during the closed session.) 7 ROANOKE CITY COUNCIL REGULAR SESSION FEBRUARY 20,2007 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order -- Roll Call. (Mayor C. Nelson Harris was absent.) The Invocation was delivered by Council Member Alfred T. Dowe, Jr. The Pledge of Allegiance to the Flag of the United States of America was led by Vice-Mayor David B. Trinkle. Welcome. Vice-Mayor Trinkle. NOTICE: Meetings of Roanoke City Council are televised live on RVTV Channel 3. Tonight's Council meeting will be replayed on Channel 3 on Thursday, February 22,2007, at 7:00 p.m., and Saturday, February 24, 2007, at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. x A. PUBLIC HEARINGS: 1. Request of the Roanoke Redevelopment and Housing Authority that a tract of land located at 1641 Salem Avenue, S. W., be rezoned from RM-2, Residential Mixed Density District, to MXPUD, Mixed Use Planned Unit Development District. Ellis Henry, Executive Director, Spokesperson. (The matter was tabled by Council on January 16, 2007.) Adopted Ordinance No. 37687-022007. (5-0, Council Member Fitzpatrick abstained from voting.) File #51-178 2. Request of the Roanoke Redevelopment and Housing Authority that portions of 17th Street, 18th Street, Salem Avenue and all of Westview Avenue, S. W., be permanently vacated, discontinued and closed. Ellis Henry, Executive Director, Spokesperson. (The matter was tabled by Council on January 16, 2007.) Adopted Ordinance No. 37688-022007. (5-0, Council Member Fitzpatrick abstained from voting.) File #51-178 3. Proposal of the City of Roanoke to adopt a resolution authorizing the City to contract a debt and to issue general obligation public improvement bonds of the City, in the principal amount of $2,600,000.00, for public parking facilities; and authorization of an agreement with Donley's LLC for design and construction of a public parking garage on Campbell Avenue; and appropriation of funds. Darlene L. Burcham, City Manager; and Jesse A. Hall, Director of Finance. Adopted Resolution No. 37689-022007, Budget Ordinance No. 37690-022007 and Ordinance No. 37691-022007. (6-0) File #53-60-553 4. Proposal of the City of Roanoke to amend Chapter 36.2, Zoninq, of the City Code, in order to disallow electronic readerboard signs in the CG, Commercial-General District. R. Brian Townsend, Agent, City Planning Commission. Matter was referred back to the City Planning Commission/City staff for further input. File #24 l) 5. Proposal of the City of Roanoke to repeal Chapter 31 , Subdivisions, of the City Code, and adopt a new Chapter 31.1 ,Subdivisions. R. Brian Townsend, Agent, City Planning Commission. Adopted Ordinance No. 37692-022007. (6-0) File #24 6. Request of the City of Roanoke that a portion of Courtland and Madison Avenues, N. E., be permanently vacated, discontinued and closed. Darlene L. Burcham, City Manager. Adopted Ordinance No. 37693-022007. (6-0) File #514 7. Request of the City of Roanoke that a portion of an alleyway running between 3rd and 4th Streets, S. W., and Salem and Campbell Avenues, S. W., be permanently vacated, discontinued and closed. Darlene L. Burcham, City Manager. Adopted Ordinance No. 37694-022007. (6-0) File #514 8. Request of the City of Roanoke that a portion of Piedmont Street, S. E., and all of Riverview Boulevard, S. E., be closed by barricade. Darlene L. Burcham, City Manager. Adopted Ordinance No. 37695-022007. (6-0) File #514 9. Request of the City of Roanoke to amend Proffer No.2 contained in the Third Amended Petition filed February 10,2006, presently binding upon Patrick Henry High School, to modify the structural composition of the northern facade of the stadium section to reduce the size of the façade, to lower the height of the grandstand, and to allow for the planting of additional evergreen trees. Darlene L. Burcham, City Manager. Adopted Ordinance No. 37696-022007. (5-1, Council Member Wishneff voting no.) File #122-467 10 10. Request of Ned Jeter to lease approximately 20.4 acres of City-owned property located at Coyner Springs for agricultural use, for a term of one year, with four one-year renewal options. Darlene L. Burcham, City Manager. Adopted Ordinance No. 37697-022007. (6-0) File #166-373 B. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. The following individuals appeared before Council: Mr. Richard Y. Valdivieso, 130 Loudon Ridge Road, Boones Mill Mr. Robert Craig, 701 12th Street, S. W. Mr. Chris Craft, 1501 East Gate, N. E. Mr. Paul Scott, 1906 Maiden Lane, S. W. Ms. Dawn Rees-Blakeman, 4235 Norwood Street, S. W. THE COUNCIL MEETING WAS RECESSED FOR CONTINUATION OF CLOSED SESSION TO DISCUSS THE MID-TERM PERFORMANCE OF THREE COUNCIL-APPOINTED OFFICERS. CERTIFICATION OF CLOSED SESSION. (6-0) II )\.,,~ \\- IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of February, 2007. No. 37677-022007. A RESOLUTION memorializing the late Bobby G. Pollard, Bedford County District 6 Supervisor and a Bedford County native; WHEREAS, the members of Council learned with sorrow of the passing of Mr. Pollard on Thursday, January 18,2007; WHEREAS, Mr. Pollard was a native ofBedfonl County; WHEREAS, Mr. Pollard served in the Virginia i\"ational Guard for eight years in the 2LJ1h Division. 1161h Infantry; WHEREAS, Mr. Pollard rctircd from the InfOlmation Technology Department of Norfolk Southem after 38 years of scrvice; WHEREAS, Mr. Pollard scrvcd on the Bcdford County Board of Supervisors for a total of 13 years. for District I from ILJ84 to ILJLJO, and for District 6 trom 2000 to 2007; WHEREAS, Mr. Pollard was appointed by three govcmors to serve on the Virginia Recreational Facilities Authority and the Virginia Cemetery Board; WHEREAS, Mr. Pollard was a volunteer tour guide at the National D-Day Memorial in Bedford, a volunteer at the Bedford City/County ~1useum. a member of Shady Grove Baptist Church, and a member of the Bedford ßreaklàst Lion's Club: WHEREAS, Mr. Pollard was very devout and a family man who has lell an invaluable legacy for those he loved. THEREFORE, BE IT RESOLVED by the Council of the City of Rmmoke as follows: I. City Council adopts this rcsolution as a means of recording its deepest regret and sorrow at the passing of Bobby G. Pollard. and extends to his ÜUllily its sincerest condolences. 2. The City Clerk is dircctcd to forward an attested copy of this resolution to Mr. Pollard's widow. .A.nnic St. Clair Pollard, ofBluc Ridge. Virginia. ATTEST: City Clerk CITY OF ROANOKE OFFICE OF THE MAYOR ~ I ~ <."I·IURCII .'\\"-:t\l. L. s. w.. R(ll 1\1 -IS~. RI.J:\ \(lI\.I-:. \"lRG] \;1.-\ ~....(lII-1 :'1)-1- "1"].[ 1:I'I{lt\E" 1"":1;1 :-':'.\-~"'':'... F·\.\: i:,-hn s~.ì 11·15 ('. 'EI.SO' JlARRIS i\l:lyftr February 20, 2007 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: This is to request a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. Sincerely, c..1{~ ~... C. Nelson Harris Mayor CNH:snh CITY OF ROANOKE CITY COUNCIL 215 Church AvenuC'. S.W. ~l\d C. Taylor Municipal Building. ROl\ll1 -t56 Roanoke. Virginia 240 II-l 536 Tdcphl\ßt': (540) 853-2541 Fax: (5...(J) X53-1145 Council :\lemhcrs: Alfred 1. Oo\\'e, Jr. 8l..'\'I..'rly T. FItzpatrick. Jr. Shennan P. lea GV.:t,'nW. tv1aSllll Ua\'iJ B. Trinkle..' Brian J. Wishncll C. "ELSO" HARRIS 'h~"(lr February 20, 2007 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Harris and Members of Council: I wish to request a Closed Meeting to discuss the mid-year performance of three Council-Appointed Officers, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. Alfre . D e, Jr., Chair City Coun 'I Personnel Committee A TDJr:snh CITY OF ROA~OKE OFFICE OF THE MAYOR 2]5 CHU\CH .WE'Il.'E. S.\\'.. ROO\I ~,2 RO¡\"\iOKE. VIIHil:'\iIA ::-Wl ]~15q-t THEi'III..I:-.JI~· 1~-1!11 ~:"..~-~ .... r:,\x: \:<,. \~li ':"~',·1l45 C IoiEI.SOIoi IIARRIS \fayor February 28, 2007 File #110-249 Ms. Lora J. Katz 1833 Belleville Road, S. W. Roanoke, Virginia 24015-2707 Dear Ms. Katz: Your resignation as a member of the Architectural Review Board was before the Council of the City of Roanoke at a regular meeting, which was held on Tuesday, February 20, 2007. 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 Board of Zoning Appeals from February 22, 2005 to February 20, 2007. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your service. With kindest regards, I am Sincerely, ~k-- C. Nelson Harris Mayor CNH:SMM:ew Enclosure pc: Barbara A. Botkin, Vice-Chair, Architectural Review Board, 616 Marshall Avenue, S. W., Roanoke, Virginia 24016 Candice Martin, Secretary, Architectural Review Board >- ,..J ,..J ::l µ.. J: ¡.:..; t: rJ). r- ~ 0 < '-< '- 0 (¡., < z (', ¡;.:¡~ U~ 0 >- >0 ...... Cl ~Z E-< ~ ~ ~< -< < [/)0 V") ~. Ue<: ...... OOr- ;1 ::l[..L¡ U ~Q:l°o c:¡ :c: (', ~ ~O i:I..:! ::: "'?=í ~ 0 N ¡.... ~ (', . ,. ~~ 0::: ~ . ("I.- P-.¡.... f- E- O>>-Ñ 0- 0... 0 ~ ¡;.:¡~>- "- ;¿u 0... ~ :;G ~o:: 0:: 0 -~ « ;.... . CC,..J:::J< >- ê¡:: z "": >.<e<:::l < µ. ~ ¡:jO::CCO:: <0 0 :.¡,¡ ::lU-:c:¡ Cl ¡....¡.... r:JJ. 2:¡....µ..¡;.:¡ ~Cl µ.¡ ~ <U2:"- :c j~ E-< ...¡ ¡;':¡OO F- oe<: 0... ~t:0::F- oc ~ « :cµ.. (', "-8 U U Oz ~ ~ z~ ...... < Oe<: µ. J: ...... ¡.... E E-< z z 0::: 0 0 c ~ 0 '" U > U ~ ;I.l ~ e<: c:<: c.. 2: c.. < .~. . February 5, 2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wish neff, Council Member Subject: ARB Resignation Dear Mayor Harris and Members of City Council: I have enjoyed serving on the Architectural Review Board for the City of Roanoke. I have always tried to protect the district while addressing the concerns of the community. I must resign my position on the board, effective after this months' meeting. Recently I was offered an opportunity in Washington, DC and have decided to accept. I will miss Roanoke and my service to the board. Sincerely, Lora Katz, Chair Architectural Review Board Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke. to-wit: I, Stephanie M. Moon, do solemnly 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 perlorm all the duties incumbent upon me as the City Clerk for the City of Roanoke, Virginia, according to the best of my ability, effective February 5, 2007 (So help me God). -%e¡¿",,~~ n-c~ Subscribed and sworn to before me this 5th day of February 2007. BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT :J . / ~ Bý7)j <>-- c/( <v- ~ c--f/tL-h~¡'¿~_~ IRCUIT COURT CLERK I\. \1 1<1111,\( lalh 111 t 1!lj(l.: - Sh:rh;UlIL' f\t M~"ll1.dl'l: .ø~,\ - . , -- ~u -. CITY OF ROANOKE OFFICE OF THE CITY CLERK 21'i Church A venue. S. W.. RUll1l1 456 Roanok~. Virginia 2·WII-1536 'rcleillllllle: (54!)) ~53-2541 I:a:..: 15·~O) l:i5.~-1145 E-mail: cl~rk<!(lroannkl·\·il.¡;O\· SIIEII.A~. H.·\Rnl.-\~ ,\~~i:::.l;ml CilY C1clk STEPHAt\IE ~'I. MOO~. nlC City Ckrk February 26, 2007 File #166 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: At a regular meeting of the Council of the City of Roanoke held on Tuesday, February 20, 2007, Valley Forward provided Council with a development proposal that the City of Roanoke facilitate construction of a small hotel and parking structure at the summit of Mill Mountain in Mill Mountain Park. The matter was referred to the City Manager for study and report to Council. Sincerely, -M~'M..~ Stephanie M. Moon, CMC City Clerk SMM:ew pc: John D. Lugar, Chair, and Robert P. Fralin, Vice-Chair, Valley Forward, P. O. Box 18184, Roanoke, Virginia 24014 Jesse A. Hall, Director of Finance R. Brian Townsend, Acting Assistant City Manager for Community Development CITY OF ROANOKE CITY COUNCIL ·'"_n_··;· .::!I:' Church AV\.'l1uC'. S,W. Noel C. Taylor \l11nicipal Building. Rllom"'56 Rl)'lI11)kl.:. Virginia 2..1-011-1:'36 TL'IL'rhol1~: (5-1-01 X5J-154 Fax: (5-HJl X53..11"',5 February 20, 2007 Council Members: Alfred T. Do\H'. Jr. BC\l'rly T. Fit7p..nrick. Jr. Sh~rl11an I), Lea G\WIl \\', \lason D:l\id B. Trinkk: Brian J. \\'i:-hndT c. M:LSO~ HARRIS 'lu~or The Honorable Members of Roanoke City Council Roanoke, Virginia Dear Members of Council: We jointly sponsor a request of John D. Lugar, Chair, and Robert P. Fralin, Vice- Chair, Valley Forward, to speak with regard to utilizing the City of Roanoke's assets at the regular meeting of City Council to be held on Tuesday, February 20,2007. Sincerely, c..~~~ C. Nelson Harris, Mayor I '-'" i( "' / :/ ¡.' ''7-..~_!. ,';; .1.A. ':/1',,;,: /:i.){,'J"'!'I <,-', //-:/ David B. Trinkle, Vice-Mayor CNHIDBT:snh pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Stephanie M. Moon, City Clerk Executive Committee John D. Lug.lr Chairmilll Robert P. Fralin Vice Ch.:lirman Brildley J. Blum Lobbying Eddie C. \brtin Treasurer Gretcht.·n M. Weinnig \tlembl'rship Aaron B. Ewert C(l\'ernml~nt,ll R('lati(ln~ Dctck fl. Cundiff Secretar\' Governing Board Daniel .1. B.lrchi .I. Al('.xander BOI......nc S~1rah TunC' Doherty Se~ln DtlhL'rtv James ~1. S<1\\'ycr Dr. Chuck Terrl~1I Cregory :v1. Terrill Ddmon Willi.lms VALLEY FORWARD ideas into action To: Citizl'ns of th~ Rllanok~ Valley RE: Mill Mountain Dear Fellow Citiz~ns. We ar~ Valley Fllrward. a group of young prof~ssionals who haw enme together to fost~r. advocate and promote initiatiws and ideas with the simple mission of improving the Roanoke Valley's quality of life for g~neratillns to come. Neith~r our group nor any individual in it stands to benefit financially fromllur work. W~ simply ~arl'. Consistcnt with an in-depth analysis co-authored by Dr. Sahine O' Hara. President of Roanoke College. quality of life issues are crucial tll thc economic d~velopment of our ~ity. Our ~hanging eeonllmy has people deciding wh~rc to live based on a ~ity"s ~ultural ameniti~s and quality of life. The first two ways Vall~y Forward plans to mak~ a Pllsitivc differ~ncc arc through an annual forum for our young p~oplc and our greenway run. "Gallop" th~ Gre~nways." Our mllst compclling quality of life project IS an mltlatlw to hCller utilizc what w~ ëllnsidcr Roanokc's finest assct. Mill Mountain. Mill Mountain's extraordinary beauty and uniqu~ proximity to the city and parkway afford an lmparalkkd opportunity to provide enjoyment for citizens and visitors alike. W~ whok-h~al1edly hcli~ve that the hest way to responsibly capitalizc on this hreathtaking asset is to enhanec Mill Mountain with a tasteful. environmentally sensitive lodge that hosts a destination restaurant. Thl' rebirth of thc Ro~kkdge Inn wlluld deliver a much need~d quality of life attraction and bl'wme a strong catalyst for our lo~al economy. With a commitment from you. Roanllke can he a tourist destination and a p~rmanent home fllr more young adults! W~ arc excited tll share that well-known statistician. Dr. Chas Houston. condu~tl'd a surwy that shows an overwhelming majority (RO'ih) of those surveyed heli~ve that a fine lodge with an upscale restaurant would greatly benefit our community. We are fully cnnlïdent that th~ Llldg~ would significantlv bel1l'fit our WO. The way th~ Lodge is proposed. it will not dislUrb any walking trails. the visiwr center, or our much loved Slar! World-class views arc just not availahle in evcry city~ We may bt? wise to kalll fwm other ~ities like Challanooga and ~apitalize lln llur mountain views fllr th~ h~n(:lÏl of our cilizClls and lO shnwl'as~ our cily. We n~~d your help! If you agr~~ with our vision. we strongly en~ourage yout" Iwitl' an editorial and conta~t our city ~ouneilll1embers to show your support. Resp~ctfully Yours. Valley Forward P.O. Box 18184. Roanoke. Virginia 24014 www.ValleyForward.net Roanoke City Council February 20, 2007 Agenda Item 5.a. Comment by M. Rupert Cutler 204 S. Jefferson Street. Unit 4 Roanoke, VA 24011 Mayor, Members of Council. Mrs. Burcham, greetings. I rise to offer Qualified support for the Valley Forward organization's proposal that the City of Roanoke facilitate the construction of a small hotel and parking structure at the summit of Mill Mountain in Mill Mountain Park. I support this development proposal on the condition that the City of Roanoke simultaneouslv donates a perpetual conservation easement on the undeveloped part of the park to the Virginia Outdoors Foundation when it leases the most economically valuable part of the park, now being used as a picnic and recreation area, to a developer for the construction of a hotel. I am in complete sympathy with Betty Field and others who want the mountain left as intact and undeveloped as possible. As a regional water authority board member who wants to have the City's drinking water watersheds protected, as a hiker and birder who uses the natural mountain for recreation, and as a City resident who treasures the undeveloped beauty of the mountain as an outstanding scenic backdrop and natural icon, I treasure an undeveloped Mill Mountain. But I also see merit in the view that a small inn, rustic in appearance, on Mill Mountain would add to the appeal of our city to young and not-so-young adults (such as myself when I'm not hiking) and can be built to minimize its "footprint" and its impact on the natural and scenic environment. There could be facilities such as showers and lockers on the ground floor to accommodate hikers, bikers and other recreational users, making it a comfortable interlace between nature and culture. I have here a copy of the perpetual conservation easement recently donated by the City of Fredericksburg, Virginia, to the Virginia Outdoors Foundation. It protects from development some 4,800 acres of City-owned land along the Rappahannock and Rapidan rivers. It is not the only example of municipal land under conservation easement in Virginia. just the most recent action of this kind. If you plan to act affirmatively on the proposal of Valley Forward, please tie such action to complementary action to protect the rest of our iconic mountain through the use of a conservation easement. Such easements are flexible with respect to leaving provision for road, utility, and incline rights of way, relocations, and maintenance. Staff of the Western Virginia Land Trust and the Virginia Outdoors Foundation are at your disposal to help with the easement language. Thank you for your consideration. Executive Committee Johrl [1 LU¡}ìr C!::,,-Iml:;¡n f{(IDc't P Frcinl V~('2 Ctrai:m'l.'~ 6r,1~1;(~y ). ß..jrr- L::;::.bYlrlf, E,jdi,~ C:. f"tnrr; ;re:l~urer Crncu::n '''1. \Vf::'i:lrll'S r'1E:r~'b::'1 <:.trp A.a~'()[1 G. E,^,~r. C)owmi¿ati,:",: Id kelations Dtr.;4 S. C.i'"':ciff St=·(.'"e::ary Governing Board D:l~'iel J. B<~r<.l1i J. Ale;·:ancu ß<)(::nl~ Sar¿ih TllPe D,)herty Se?:l.n Dohp:1y lames I"':. S3.wvt'.r Dr.. Chuck. Terre:!! Gregery' t'1. T(:I"(I; Dan"'or: Vvilll.l.illS 'ii :1 VALLEY FORWARD ideas ;nto action February 20. 2007 City of Roanoke Alln: C. Nelson Harris, Mayor ~] 5 Church Avenue Roanoke. VA 240] I Dear Mayor Harris, We arc Valley Forward. a group of young professionals who have come together to foster, advocate and promote initiatives and ideas with the simple mission of improving the Roanoke Valley's quality of life for generations to come. Neither our group nor any individual in it stands to benefit financially trom our work. Consistent with an in-depth analysis co-authored by Dr. Sahine O'Hara, President of Roanoke College, quality of life issues are crucial to the economic development of our city. Our changing economy has peopk deciding where to live based on a city's cultural amenities and quality of life. Valley Forward plans to make a positive differenœ through an annual forum for our young people and our greenway run, "Gallop 4 the Greenways." Our most compelling quality of litè project is an initiative to better utilize what we consider Roanoke's linest asset. Mill Mountain. Mill Mountain's extraordinary beauty and unique proximity to the city and parkway afford an unparalleled opponunity to provide enjoyment for citizens and visitors alike. We whole-heanedly believe that the best way to responsibly capitalize on this breathtaking asset is to enhance Mill Mountain with a tasteful, environntentally sensitive lodge that hosts a destination restaurant. The rebirth of the Rockledge Inn would deliver a much needed qllality of lire attraction and become a strong catalyst for our local economy. With a commitment from you, Roanoke 9!D be a tourist destination and a permanent home for more young adults! We are excited to share that well-known statistician, Dr. Chas Houston, conducted a survey that shows an overwhelming majority (80%) of those surveycd believe that a tine lodge with an upscale restaurant would greatly benefit our commulJity. WDßJ did a similar poll and found identical results ("Suppon for new Roekledge Inn on Mill Ylountains is high 2/]6/07.") We are fully contident that the Lodge would signitieantlv benefit our zoo. The way the I.odge is proposed. it will not disturb any walking trails, the visitor center, or our beloved Star! World- class views are just not available in every city! We may be wise to learn from other cities like Chattanooga, Ashville and Pittsburgh and capitalize on our mountain views Ii)r the benefit of our citizens and to showcase our city. We respectfully ask that you strongly consider our proposal. Respectfully Yours. Valley Forward 7:C P.O. Box 18184 r:C Roanoke, Virginia 24014 '. ,., www.valleyforward.net {, ,,1!~ - .~.... . .. '~ll\>l CITY OF ROANOKE OFFICE OF THE CITY CLERK :!15 Church A\'l.:'nu~. S. \V., Room .+56 Roanoke. Virginia 2"'1l11-1.)3h Telephnne: (540) ~5Y-25...1 1-'ax: 1)·101 ~5y 1145 E-mail: l·krk1ii"nl:\nl!h'\a.¡!II\" .5111011...\ ~. 1I..\Rnl.-\~ .-\~~islant City Clerk STEPIIA\lI!-: \·1. ~1()();-';. Ct\IC City Ckrk February 26, 2007 File #533 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: At the regular meeting of the Council of the City of Roanoke held on Tuesday, February 20, 2007, Kevin Page, Director, Virginia Department of Rail and Public Transportation, presented background information regarding the Roanoke Region 'ntermodal Facility Site Search. It was suggested that the City Manager continue to monitor the situation and that Mayor C. Nelson Harris and Council Member Brian J. Wishneff be included in any future dialogue with the Virginia Department of Rail and Public Transportation. Sincerely, ~wÌ11. ~h-v Stephanie M. Moon, CMC City Clerk SMM:ew pc: Kevin Page, Director, Virginia Department of Rail and Public Transportation, 1313 E. Main Street, Suite 300, Roanoke, Virginia 23219 Jesse A. Hall, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development CITY OF ROANOKE OFFICE OF THE CITY MANAGER Ntld C. Tclyhlr Municipal Building 21:; Chllfl~h i\\'l'IlUt', S.\V., Rr\flm 36-1- Ru,lllllke. Vir¡:;ini.1 2-11111-1541 TI·kf'llt1Ilt.: 1:."·1111 ,.(;,-.~~y'\ 1".1": ! ~1...ll1 ·...5 ~\.. I I .'" (ï(~ \\'vl~: \\'\\"\\·.rtl,!IIII]....\·,l.-.:ll\ February 20, 2007 The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: I would like to sponsor a request from Kevin Page, Director of the Virginia Department of Rail and Public Transportation, who would like to present an update on the Intermodel Facility Process. Respectfully submitted, Darlene L. B cham City Manager DLB:jb c: City Attorney Director of Finance City Clerk ·ÐRlZ1· Virginia Deparlmenl of f;<liland Publi" Tr;]n~portallon Roanoke Region Intermodal Facility Site Search Background Information Prepared by The Virginia Department of Rail and Public Transportation Roanoke Region Intermodal Facility Site Search BACKGROUND Regional Freight Rail Improvements in Virginia There are several strategic freight rail corridors in Virginia today, including the 1-95 corridor, the 1-81 corridor and the freight rail corridor along Route 460. known as the Heartland Corridor. The volume of freight shipped within and through Virginia continues to grow, and with the expansion of the Port of Virginia. it will become more challenging to transport all freight by highway or anyone m ode of transportation. Additional options must be identified. and freight rail is part of the solution. Through port developm ents planned and underway, cargo handled at the Port of Vi rginia will double by 2020, or even as early as 2015. It is anti cipated that by 2040, there will be 300% more freight traffic moving through the Port than there is today. T his growth is driven by the global economy and America's need to import and export more goods through major ports. The Port of Virginia is a leading East Coast port with sufficient capacity to accept the new. larger container ships that are becoming the international standard for freight shipping. In orde r to remain competitive in the global marketplace, Virginia must have the capacity to transport freight, both within and throu gh the Commonwealth. To help address this challenge, there are two multi-state freight rail initiatives underway in Virginia today: the 1-81 Freight Rail Study and the Heartland Corridor initiative. Together. these projects are part of a multimodal corridor approach to improving freight transportation and managing truck traffic on highways. The 1-81 Freight Rail Study involves a study area from Pennsylvania to Tennessee and will examine methods of maximizing freight rail capacity along the 1-81 rail corridor. including the diversion of more truck traffic to rail. The Heartland Corridor initi ative will improve freight rail shipping between the Port of Virginia and markets in the Midwest, with improvements between Virginia. West Virginia and Ohio. Tunnels will be cleared to allow for double-stacked freight trains between the Port of V irginia and Columbus. OH. instantly doubling the intermodal capacity of the freight I ine as it exists today. In addition, interm odal facilities are planned in each state along the way to allow for the effi cient transfer of truck and rail freight to bring goods to market. The Roanoke Region Intermodal Facility- Purpose and Need An intermodal facility is designed to serve as a location w here freight can be exchanged between rail and trucks, A new intermodal facility. as part of the Heartland Corridor initiative, needs to be strategically located in the Roanoke region. This location will Roanoke Region Intermodal Facility Site Search Background Information provide dual benefits to both the 1-81 and Heartland corridors. helping to remove truck traffic from 1-81 and Route 460. It is anticipated that an interm odal facility in the Roanoke region will provide benefits comparable to those that Virginia has received through the Virginia Inl and Port in Front Royal, VA. Since opening in 1989, 24 major companies have located near the Inland Port. with over $599 mi lIion in local investment and over 7,000 new jobs. Many businesses will continue to seek attractive shipping options when they exa mine potential locations to site their facilities, and with sufficient freight rail capacity, Virginia can successfully compete for new bus inesses and jobs. Over the past 19 years, access to freight rail shipping has helped to bring $4.3 billion i n local investment and over 21,000 jobs to localities across Virginia. The construction of an intermodal facility has an impact on traffic volume. The traffic figures, as estimated by Norfolk Southern. are as follows: anticipated railcar containers shipped will average 60 per day from 2010-2020, and beyond 2020, the average will be 150 per day. The anti cipated short haul truck traffic generated will be approximately 87 trucks per day from 2010-2020 and 235 tr ucks per day in 2020 and beyond. Short haul truck traffic is defined as truck s that are traveling less than 50 miles from the facility to their destinations. This schedule assumes a five-day work week and 260 working days per year. Through the Rail Enhancement Fund grant to Norfolk Southern for tunnel clearances and the construction of an inte rmodal facility, approximately 150,000 trucks will be removed from Virginia's roads each year. Three states are scheduled to receive an intermodal facility as part of this multi-state freight rail initiative, including Virginia, West Virginia and Ohio. Without the Roanoke Region Intermodal Facility. Virginia will be a pass-through state for the Heartland Corridor initiati ve, leaving econom ic benefits and future jobs on the table for other states. Summary of the Intermodal Facility Site Solicitation Process On December 15, 2005, the Commonwealth Transportation Board approved the $31.9 million Heartland Corridor. Virginia Components project with $22.35 million in Rail Enhancement funds and $9.57 million in private investm ent by Norfolk Southern. As part of this grant, Norfolk Southern wi II construct an intermodal facility in the Roanoke region to serve as an exchange point for tr uck and freight rail traffic. This funding was made available through the Rail Enhancement Fund. the first source of dedicated funding for rail in V irginia history. This fund is administered by the Virginia Department of Rail and Public Transportation (DRPT). DRPT has developed an Interm odal Facility Site Solicitation and Site Evaluation Process to evaluate proposed sites and deter mine the best location for the investment of public dollars. The Rail Enhancement Fund requires that all projects result in specific public benefits. and DRPT's evaluation is based on criteria that will help ensure that the public benefits related to the Heartland Corridor initi ative are achieved. The following minimum criteria were established for potential site locations: Roanoke Region Intermodal Faciiity Site Search Background Information 2 · Must be close to Interstate 1-81 with reasonabl e access and egress · Must be located on the Heartland Corr idor line between Walton on the west and the Shenandoah line connection on the east · Must not create additional grade sep arations. particularly in congested urban areas · Should be a minimum of 65 acres and flat topography · Should seek to minimize associated roadway costs that might be engendered or necessitated · Should seek to be well-configured into the r ail-operating perspective to avoid degrading rail traffic, add to efficiency of intermodal operation, and result in relative facility development or facility delivery costs DRPT invited Norfolk Southern as the operating railway. all localities and all Metropolitan Planning Organizations in the search area to submit site proposals. including the following entities: · City of Salem · City of Roanoke · Montgomery County · Roanoke County · New River Valley Economic Development Alliance · Roanoke Valley Economic Development Partnership · Blacksburg/Christiansburg/Montgomery County Area MPO · Roanoke Valley Area MPO · Town of Christiansburg No proposals were received from localities: however Norfolk Southern subm itted 10 site proposals for review. Summary of 10 Sites Reviewed Pages 4-13 include maps and brief descriptions of each of th e 10 sites submitted for review. Roanoke Region Intermodal Facility Site Search Background Information 3 ;rttliiil_i~~~{l1I¡= .. .", ..... I,·t~""·"·""""""'·-·"··'··'··"·"'·-\'·-'·' ,..,....,~..~..".,..¡... ,¡u.".",",)o.",· '~"'~"'ér--"""'''-r :~. .;~. ~k;~~~).;~~i~i.~. ~~:~Ê~t;{~~~ ...{;¡!~:¡¡.:. :·'~~~;~.~.~~~;i:~:~G~··~:~~':· ~.~r; :fh(~~~~1~¿;t?~.-;?:;~~:;,~I~:;};~¥~l~~ r'~' .,~.,.- \:.:'~''''''~'' ...~.~,... r'\'~¡.oc.·"\·)HI~ ", ",.; ? .-\. ..~1 . -., ,'. :~;:..,·"·....:··';.:·_,,..-t '(''''~!~ ~ 'V~-.;r~· -.I'I - ...:~>.~._....t. Blue Ridge Site · Jurisdiction: Botetourt County · General Description: South of tracks along former N&W mainline, approximately 12 rail miles east of downtown Roanoke. Immediately east of the SR 805 overpass. · Proximity to 1-81 and Road Access: Approximately 14 highway miles to 1-81 via SR 805, US 460 and Alt 220. · Access to the NS Heartland Corridor: On the Heartland Corridor. Not directly accessible to the NS Shenandoah Valley and Altavista lines. · Need for Grade Separations: The existing SR 805 grade separation would have to be replaced to handle tru ck traffic. · Size and Shape of Site and Ownership: Very roughly 50 acres, and permits double ended rail access. Private ownership, unG!lellœlloped. · Topography: Hilly · Site Railroad Operating Characteristics: On double track mainline track. Significant mainline grade and num erous curves. Roanoke Region Intermodal Facility Site Search Background Information 4 :~_...,.,..,.:?-;:- .~..y,"..r;'.'% -.~(.(Il.. 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'--,r:-., .__ (oj' ; ~j ~;,..:;,-t "'~:i!l'-'f ".o. - -J(f ~ ')f- :·~v._ ....:J";lf ,:~:':.ji-=%';t:: , \ - ~~~,"" ~~r';-1t ~;-:·l',,,,r·........::="ot~i,ÔRADO:' -.~I'~_." - "'STREET--::"~~- ,\;:!;' -. 'i9' ,-,...-:it'':l:.t ~ O~;-'_.- ~.I". r:r: ~..-'~~""'~:_').-r- r:·,·~_I'·1""'-.'lJ': ~,- ~..;.J..':j.:P'! C' l f.-;£-'.,¡!f4/~;l·¿{ ~~':~y\...~'~, :~~f~~~~l<:>':¡{. :'i.i ~~ If.¡f.è.E.,,-~t. 7-'7'''';:'' ·~~z· ~~:'~.... - .... --,-11\ :¡!>;\~i1::'g;ki~{":~~\;:, ~;.:;~'~~;' ·':~ii;;?)~;\('i:!::(~/:;:·~~~t~~'~~'i:Qfl~~~:t~~~J;~)\~;;i~~ Colorado Street Site · Jurisdiction: Salem City · General Description: Between the former N&W and Virginian mainlines approximately seven rail miles west of downtown Roanoke. 1m mediately east of the US 11 overpass. · Proximity to /-81 and Road Access: Approximately five miles to 1-81 via 10th Street. Indiana Street, and SR 419. · Access to the NS Heartland Corridor: Is on the Heartland Corridor and is di reclly accessible to the NS Shenandoah Valley and Altavista lines. · Need for Grade Separations: The Union Street at-grade crossing might be blocked for long periods of time when trains are switching in and out of the facility. The facility access road would also be blocked at that tim e. · Size and Shape of Site and Ownership: Roughly 10 acres, perm its double ended rail access. Owned by NS except for access road property. · Topography: Relatively flat · Site Railroad Operating Characteristics: On dOUble track mainline. Roanoke Region Intermodal Facility Site Search Background Information 5 ~:.~~í~~f~~~1~i~tf~1~'11~;lif~~:'{fti~~~~~~!!2:f~~~iit~1~1~~fj ,1"- . ".;, "":;'¡}"";~~"f.,,,\V,~,;;\\~~'·"\\ r''''~~' ',' "¡¡.i."i\;;,,;p-,,,/jffi .;,;,,:,,'1. f-1'<"'<"'/'~'-t/.;~ ~~~~_i~Ì~'lÎf.~~~(~i~ -,,""""'1 "'"...,, ¡.,.,,,·W,· ,,+-'.)v8"·.~iYY~' '"-~'ý:"""'" ..... 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East End Shops Site · Jurisdiction: Roanoke City · General Description: North of tracks along the fo rmer N&W mainline in downtown Roanoke. Next to the Roanoke Valley waste transfer facility and immediately west of the Hollins Road crossing. · Proximity to 1-81 and Road Access: Approximately six highway miles to 1-81 via Hollins Road, US 460 and 1-581. · Access to the NS Heartland Corridor: On the Heartland Corridor. Directly accessible to the NS Altavista line, but not the Shenandoah Valley line. · Need for Grade Separations: The Hollins Road and 8th Street (in V inton) crossings would be blocked for long periods of tim e when trains are switc hing in and out of the faCility. unless grade separated. · Size and Shape of Site and Ownership: Roughly six acres, but does not permit double ended rail access.. Owned by NS, but part of site is now used by Johnstown America. · Topography: Flat. · Site Railroad Operating Characteristics: On double track mainline track. Roanoke Region Intermodal Facility Site Search Background Information 6 Elliston Site · Jurisdiction: Montgomery County · General Description: South of the tracks along the former N& W mainline approximately 18 rail miles west of downtown Roanoke. Straddles the SR 603 crossing. · Proximity to 1-81 and Road Access: Approximately three highway miles to 1-81 via SR 603. US 460. and SR 647 · Access to the NS Heartland Corridor: On the Heartland Corridor, and is directly accessible to the NS Shenandoah Vall ey and Altavista lines. · Need for Grade Separations: Approximately one mile qf SR 603 would have to be relocated to pass beneath the existing rail bridge over the Roanoke River and a new highway bridge would be required to cross over the river. The existing SR 603 at- grade crossing would be eli minated. With relocation, no crossings would be blocked when trains are working the facility. · Size and Shape of Site and Ownership: 65+ acres, and permits double ended rail access. Private ownership. Moderately developed, with at I east six residences directly affected. · Topography: Relatively flat. near mainline elevation. · Site Railroad Operating Characteristics: On double track mainline. Roanoke Region Intermodal Facility Site Search Background Information 7 r,,· ""···1···· "1,,'10'" ...,....;,_..~....."-,,., ". '.,.,."....,. ._..~~ .''''...' , voW ~(1¡;il~~!~~'~'!~\~_~1J¡' ....~".,......,....,.._.l..~. ."\- '';''-:' .. ......~....'.-~.."...'..i.~'..}. . ::.(.::!:~·;.<;:~~~~~l·,·:~:,:;/·· \.~:* .f.~r{,;;~·! ," . '. ", ;. . . ;=. .:\ '. .~.:..:....~..I~:r{:.;;'¡,,··;:·:).;.~;;f..:!.~:;. "~"::l"i ". ~'.....o(:.;~.;; .~..; ..f... ··::I"-·'--~I:YV'·"'Y-'//:='.:'~" . r" ·...."'~.".r'.~....·::I"....·þ. ". ~,.......t.., ..~.::(... J~~<~:!~t~;.:.t~1,~:~:~i;·1~:~~~.~~~.. '~~". ,." - ·...>:,ÿ~(:\·;?<~\:Jt;~~)t;~i~f~~,~·~;:?~ :~~;'ti~~~ . < ", .);""" 'XL(" .".... .~. 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Immediately east of Garman Road. · Proximity to 1-81 and Road Access: Approximately three road miles via Bayne Road, US 460. and SR 112. · Access to the NS Heartland Corridor: Is on the Heartland Corridor and is directly accessible to the NS Shenandoah Valley lines and Altavista lines. · Need for Grade Separations: The Garman and Diuguids Roads at-grade crossings would be blocked for long periods of time when trains are switc hing in and out of the facility, unless grade separated. · Size and Shape of Site and Ownership: Roughly 50 acres, and perm its double ended rail access. Privately owned. Partially developed, mixed commercial and industrial. · Topography: Relatively flat · Site Railroad Operating Characteristics: On double track mainline. Roanoke Region Intermodal Facility Site Search Background Information 8 .,..;....);;.ø.... .....~t".. ..,., "'~-;¡1\ ·"'~J..·,·..-.·..··..·'U"·...···.."....·If",."···..·:>Þ':,..··· "".. .~.'.~;; i¿?~~~L~:·.:·~·~.;~\ : \\ ..\ . ~ :.:~~..:~.~.~: ~ ~:?~1Þ~~:1;\~~:/~~t~.~·~~; Vi!:~{S~:i{:t?:;:t'lf!>j::~~. .:~i!t~· /r >?:; -...~,c.. .. . ',,'. ¡¡.. ...<--....;,{. ... ...,.. 'J'".I ·r,'..'·,..,.èv.....-·- ... ""·""·">"V:¡;(;"'.' ~ ;~;~:~~~~~ki;¡*i.;t'~:i:;i;;~:;Trtf~~ìÛ~{~ÿ,7'~J~~[;1;!::~l~j~~:~l~¡:¡t~'~ttil~!{~+~~l;i~ .,fICARnAND.CORRJDOR. . '" '","",r·-~""'r.·!~·-"'~":'_·· ·~t ....·,r.:·····.···,r..'..~.........·,·" .t.... .\..,..~..,~.,~=~\~-<, ..',. ......~. ··.r._'.....·... ~':':"'" ." "'. ~ ',.. ..(~., -.,.. . ..:.....-..~....~,..,.... :,,!, ~ .." . ",..t<..~ - õ'" .: ," -",- ;1.~ ·~~I...... 'f:" ...,. ..",. -....-=...<jY;.,.. .. '''.. ".1.-. .....'lj.. .,~, .~,. fff"'''' '-....(1 '¡¡";¡¡¡¡';>i'" ,.... ., '¡ll B7ìl~i~E!~~~\i~~i Garman Road (Former Virginian) Site · Jurisdiction: Roanoke County · General Description: South of the tracks along the former Virginian mainline approximately 11 miles west of downtown Roanoke. Immediately east of Garman Road. · Proximity to 1-81 and Road Access: Approximately three road miles via Garman Road, US 460. and SR 112. · Access to the NS Heartland Corridor: New rail connection needed to access the Heartland Corridor. Si te is directly accessible to the NS Shenandoah Valley lines and Altavista lines. · Need for Grade Separations: The Diuguids Roads at-grade crossing might be blocked for long periods of time when trains are switching in and out of the facility, unless grade separated. The facility access road would also be blocked at that tim e. · Size and Shape of Site and Ownership: Potentially 110 acres. and pennits double ended rail access. Privately owned. mostly undeveloped. In Roanoke River flood plain. · Topography: Flat · Site Railroad Operating Characteristics: On a single track mainline track. Will require a switc hing lead and connection track to the Heartland Corridor. Roanoke Region Intermodal Facility Site Search Background Information 9 .' . \. f~';-' - 1;... :<:"",..r .'->, <t. '; II~ ""j" 1:··..,·...:·....,·..(~··.;-···,·~p.¡·..·,·réJ . . Roadway Material Yard Site · Jurisdiction: Roanoke City · General Description: South of the tracks along the former N& W mainline approximately four rail miles east of downtown Roanoke, adjacent to the NS track material storage yard. Immediately west of the SR 117 overpass. · Proximity to 1-81 and Road Access: Approximately five miles to 1-81 via Blue Ridge Drive, SR 117 and 1-581. · Access to the NS Heartland Corridor: On the Heartland Corridor and is directly accessible to the NS Shenandoah Valley and Altavista lines. · Need for Grade Separations: None. Highway access would require a new road and bridge crossing of the Roanoke River. · Size and Shape of Site and Ownership: Roughly 10 acres and perm its double ended rail access. Owned by NS, road access route privately owned. · Topography: Relatively flat · Site Railroad Operating Characteristics: On main track 1. Main track 2 is on the opposite side of Roanoke Yard leads. Roanoke Region Intermodal Facility Site Search Background Information 10 ...:,I.,I,,;·-'·'l\\~·... "~!..: M ;-:-·.-;l·~...'l..:_· ·.:;-~~,·.-:-=;Il,(" , 'n."'=....::.::::. ;-'~1"-,"\\,,,/./,:~,,~..~r" ..' ;""- -~ ....·.1+.\. ';~''''.....~.... .; ~...~t'\"~ñÍ' 1/....'_ -,-.:-~....,!: '~Ì"~.:,1.//_.,~ ~ ......,\'I.~I"r.Cll< .¿!.':-'~":'~ ·Ji;"::'':,.t:'?::-'';;;'''~.f'.-;¿':·l.-: ,..~. ~·~1¡. - "';"0;':':-';, . .·~.;...:)'~:!:~~st. 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';'\~".-.,r. ....... c" .11".)1 ""loS" .~ ,,---.. \x.~..;.'r."... .,......1 ,\.. _ . ___. ~.;g:,;~'~ r\\f iû¡,~~~~~~~,",æ;·:7...~--¡;i~ /' /';":~i~~f ~;)~:~/I·,,-;fJ{~l~i'~}>~i:1-.._~~~~J:::~ it'i_Il!' ~ [~.g-;'~;-; " . ~,;r''''~~,'' lJo"\._.\:!;"...:,,ß. 1 ~-~-':u-i"r;-:·'''l-:-.';-~~~·ì'' ". --._~..."I: -I._-._.-,~. -". 1ì-~ ;.¡.....~......(,,;.:-,~...~ I )ll"~t~!i_~{: o'j ):,;:·~~~:··!:}k~'",-,,·.;~-<~~ ~~íiJ{ \,SlNGER.8.BOBNSITES. ..,~~"~""'. , .. " ".,.... ~L;;..- - 'I ..' ..t~·<~t£NmNrD~~.....'\:~,·IROANOKECOUJllT1"; YmG ',:...r'" .-.,........., ...... ... : ~~~ ....:a.:v_~.1<...·.,._'~.,.'-~:.l~L'.:"'l'"p.¡¡;¡j::O::- :.-;:,;:;.:;r-I'~.~-·""-".~·:-'·'~;"I":,;.-::---:,,~ . I.·,~'· /..;T¡l>r".¡.;t.'......¡'.__._. _.-a"'~:':' ,s:t. ~..Q:'t:\:'."" .... ."'..,\.:!.~.¡.....,.....;:.... ....,.", ~... _ _- _.J,.T..... " :::.·::)·~~sd:.; . ~~~:. . ·1·.·. ':~:" ~-'io .~:..,.:...,,~<:.\~~((;-)···R·~~~·;:'/~.Q;W·t{~\( ·.'~"i~;~?ø~!J~~:.:;;....:~-~.,:-._. :. /. ..~ ..;~:t,~,,~:: Singer Site · Jurisdiction: Roanoke County · General Description: North of the tracks along former N&W mainline approximately 16 rail miles west of downtown Roanoke. West of the SR 649 overpass. · Proximity to /-81 and Road Access: Approximately one mile to 1-81 via SR 639, US 460. and SR 647. · Access to the NS Heartland Corridor: On the Heartland Corridor, and is directly accessible to the NS Shenandoah Valley and Altavista lines. · Need for Grade Separations: None. · Size and Shape of Site and Ownership: Roughly 30 acres, perm its double ended rail access. Privately owned. Lightly developed. · Topography: Relatively flat. Significant elevation difference between site and mainline. Lightly developed. · Site Railroad Operating Characteristics: On double track mainline. Roanoke Region Intermodal Facility Site Search Background Information 11 Horn Site · Jurisdiction: Roanoke County · General Description: South of the tracks along the former Virginian mainline approximately 16 rail miles west of downtown Roanoke. Immediately west of SR 639 crossing. · Proximity to 1-81 and Road Access: Approximately one mile to 1-81 via SR 639. US 460. and SR 647. · Access to the NS Heartland Corridor: New rail connection needed to access the Heartland Corridor. Si te is directly accessible to the NS Shenandoah Valley lines and Altavista lines. · Need for Grade Separations: Unless grade separated. SR 639 crossing would be blocked for long periods of time when trains are switching in and out of the facility. · Size and Shape of Site and Ownership: Roughly 50 acres, perm its double ended rail access. Privately owned. Lightly developed. · Topography: Relatively flat · Site Railroad Operating Characteristics: On single track mainline. Switching lead needed plus a rail connection to the Heartland Corridor. Roanoke Region Interrnodal Facility Site Search Background Inforrnation 12 '_",... z" ""^"",,'--' ...·fe,_·..·.,· .,.,.... " ~',.... .., . ~v.,.. .".'....../mmm..."..'71::-#.,.,~. Webster Brick Site · Jurisdiction: Botetourt County · General Description: South of tracks along the former N&W mainline approximately nine rail miles east of downtown Roanoke, Immediately west of the SR 723 crossi ng. · Proximity to 1-81 and Road Açcess: Approximately 11 highway miles to 1-81 via Webster Road, US 460 and Alt 220. · Access to the NS Heartland Corridor: On the Heartland Corridor. Not directly accessible to the NS Shenandoah Valley and Altavista lines. · Need for Grade Separations: The SR 723 crossing would be blocked for long periods of time when trains are switching in and out of the facility, unless grade separated. · Size and Shape of Site and Ownership: Very roughly 25 acres, and permits double ended rail access. Private ownership, lightly developed. · Topography: Hilly. · Site Railroad Operating Charilcteristics: On double track mainline track. . Significant mainline grade and num erous curves. Roanoke Region Intermodal Facility Site Search Background Information 13 Summary of the Site Evaluation Process DRPT is working collectively with state agencies and Norfolk Southern to evaluate the sites submitted. The evaluation includes the following components: · Initial site proposal review by DRPT for fatal flaws based on the mi nimum criteria outlined above · Detailed site reviews with respective agencies as determined by DRPT, in coordination with the Offi ce of the Attorney General · Existing road im pact evaluation. roa d need analysis and related en vironmental review as conducted by the Virginia Department of Transportation · Site review for ancillary developable land for future distribution center growth opportunities as conducted by the Virginia Port Authority and the Vi rginia Economic Development Partnership · Site review for practical application and rail interface as provided by Norfolk Southern Note: the environmental review includes an assessment of the number of properties impacted with identification of busi nesses and residences, identification of a ny historic impact and other applicable environm ental issues related to specific sites. Full details of the evaluation results will be published upon com pletion of the site evaluation process. Summary of the Public Involvement Process DRPT announced the beginning of a 45- day public comment period on Novem ber 30, 2006 with a press release and advertisements in local newspapers including The Roanoke Times. The Roanoke Tribune and the Main Street Newspapers including the Salem Times-Register, the Montgomery News Messenger and other local affiliates. Advertisements appeared over the weekends of December 2-3 and Decem ber 9-10, 2006. A sample advertisement is included at right. In ad dition, a public meeting was held at the VDOT Salem District Auditorium on December 13,2006. A spotlight feature was placed on the home page of the DRPT website www.drot.virQinia.Qov and information was made available at DRPT headquarters at 1313 E. Main St., Suite 300. Richmond, VA 23227. Public comments were accepted from November 30. 2006 to Jan uary 16. 2007. Options for subm itting comments included mail, e-mail, fax, comment form and delivering com ments at the public meeting. All comments will be taken into consideration as part of the site eval uation process. I ! .""'---- ..-9Rp:fè ·_........,·.·r··......''''..,.......·'-.... Pllhlic :\11'~lin!!. l:orCllI1UJII'OI."III(n.lIloh,rRrt:illn Inll'rmocbl"·:Icilil,,·~illPl.,(C::Ililln 'rh~ Y,r¡,:i,:i;z Ikp.mm~rn <l111:lil ~r¡J f'ubli~ '!r~n"IM'J:i"n lUlU' II b oolJ:0l:;¡ ;'LIt-lie rno;~:;:JS;:':1 "h..:1I ~." III~~ ....·I1"""M ,.., p>C~r.lj,¡ ,i1," 1,<:lI","~ (oJf:he 1('''IMl\~ l'lC1:iøII10I<.'nnod:d F;..:i¡il~ :lIi~pul>li.:m."Cli=l;i,I...;..Þol"i:1LU'liundi,...,,1l.h õ1.I~·d.I.' 1'\:1.1;, '''''II''''n1p.>rivoJ "¡,!lifl lhc . (",'mnH~I,,~;¡hh'\ ;,..",,,.>C.,I t:u:i!it\"<i!o: "",i.:", rr,II;C.,.I'u¡'I,c,,'mnh:n;,.øo:ho;in¡;·:""':O:'>Cc:I r{~1I ;.."..lll.:'.O.._IJn 11,.'11(17 ~il: r"1'....,h ..1" .,.u,bl,l~ li~ ,ç. i".. .... ~.,II.^" ... Ihe l'i;I' r ,.~..,.,i:~ ~= :'~~.::!..'!!rl.'!~r.l.!~. (1/ 1')0 fJ\ 4'r ,,,~i: ~ ~31;i"ll: l(él.:-i8¡""";":':(11Il r~"¡;,:'~ ~ '''~. .\In:linclklaih: \·Ill:'T~:"rlnlJi'l.icl,\.lIil"rito... ~H""rn..I."'''. '. .' S~I... \',\ ::41~.1 \\.dlltod~~.Ik"r.lJIl1.-r U.Z"" ~,;Il)p. I I 1r.,.....""...,,"I;.....J/"..""'.,i:'::,p/I'.....~ntlf'J1II .·RI""·nl<InP'u,¡j¡ln/'''lnUli""IJJ/iur.·...Orpt. "/R"il",,,Jf>¡,IIlirfrøll'Jnm,¡I:,m.I.lJIF..."oIi/l .'>.t.. .....'w..rHI.Ili,.·h.......J. I~. .'.I!J'I.", . /Ii""(i'I",;/I1¡I'J.:!..;!.~~~.. ¡Iii I"'. n~:.,.... '..".Ji....",~i".~i,·n ,n ~!I.õ'r":;r=rr.. ~nJ ~,¡i, it.,:-. i', ...·.w.!.""'l' "ilt¡ I 'It~ VI (lllhc I 'nil Ili~hh .\.1 "I' :",,1. I ,,' 'I"'c~" .~..."~"nc". ..,··,",,"I,..r '1l..:ç ¡··li...,"~I:,'Il. ~.,t1I·Mio!o-K)~.¡;:,7r, , :\ ,IIVII,~:.....,l':"lll / : ·'''''--.m _ "'_n.. ___/ Roanoke Region Intermodal Facility Site Search Background Information 14 ~ ] Roanoke Region Intermodal Facility Site Review Process Update Roanoke City Council February 20, 2007 www.drpt.virginia.gov -ÐRfq-1 ~'>"';.' (..,.~,.~., ..,r. "p, I Ii.... r ,N' "W,-n':" ~.~. n..S..........'DiMo.....__Po'dJ . Who is DRPT? I I I Commonwealth Transportation Board , ;~~!!f;. ,www.drpl.virginia.gov Department of Rail and Public Transportation: the state agency responsible for rail, public transportation and commuter services in Virginia i 1 , I I'· I~ " 2 .-- _._..___n_____.___. >.......h,.-.!:.,.....I.,..,,',.. 1 i; . Heartland Corridor: Virginia Componentsl 'i o Tunnel clearances to accommodate double stack intermodal trains along Route 460 corridor o An intermodal facility in the Roanoke region to: - transfer containers between rail and trucl<s - deliver goods to the region - provide a competitive shipping option to: . the Midwest . the global marketplace o Rail Enhancement funding: $22,350,000 .- Intennodal facility: $12.6 million - Tunnel clearances: $9.75 million .. ~fl!1!.!f:. o Trucks removed from Virginia roads: 150,OOOjyr I I~; If. I" I -----. r'~~r.~~e'·'f'·<_'rll,l~.....·~ .::I .- . www.drpl.virginia.gov "1 "'O·~',:. ~~»>; ~·~'I."':>Ó ._--~ :::--æi~:""""" ;. .... '."",/ijr \\1 :::::-- --' 'I~~-Y~~-i"~'~"; i~in'~.~ . r),i~ "~'1~'~~'¡ _ ._ ~ .:J'~"""T~-)·b~''''>': . '\'O:·~. ~.ç:. -~~... r./::'.':'~i1~>~ ',~",,~../ :-...{ ),{,~JÌt'": r..~~rßi£:-j'·""r'~~1 . -(Jr"";":~:k,~:;":;\é~1G:;:7J"";: -....,!'"". /~, '.'J (. ,I :\""':~"I'OJ-"'''('''i,,''r t ~Þ:";~r.I:...~:).~ t . ,. .r A' . "', ..-..... ì. ! ! """". I 1 . / . . .... ", / :.l'd..".... / ~:=)~~ r ';- / ¡- ~...íQ"~-.-=,A I......'.~,~,-~"r,(; f '<';'. ';;;;;~,I coo".._.,,· ') . ;/ y:;;:.z,.".'~" " " " ~J l~';;'>I"~(~, ~/- 1l.v'J·'''''''/í ( í' If.-.~- Ii, ~-><~;;,,}"~~,-,~...,~ f7 "~";..'"~ 1L"l'.'?.....~ J prltha'4,.ÞiØ'à y 53"""':)... I ../ }y; --- '\- ,~_er"""~~,.J'.// ',,,,,;~~", ,,0(/:. (' . J ,'¡, 11""""" """---__- _.1.1¿¿ c:.q- ftt..;, r.th ;;R \:) 1~.'Ùt /!'" \m'Yl'; :::--... , l ~ '0,", /' "";;r-,, ~ _ HoartlandCorrld"r ", y~I,:,.¡ ,.¡~lo '_ ~, ---, ,...<l'l?r\illJ .....,.'i\:t~pc:r.~?1I"l - OtherNSrallhnos ~. _·çþ"s~'·.)I;r~ ~ }' J' ~~("N",'::'Jnlk ... .. 1'",1'~1 ( / ortsmo I "u - Commonwealth Railroad .....--:. rf./ I la r~~·· . ' --/-~- \ - USlnterstateSystom ,_ ~I...,,,....~,:--.... ---$ ,11110I< !~, ..~: ~ New Intermodal Terminal 4 Heartland Corridor: Initiative 2 Heartland Corridor Initiative Schedule D Tunnel clearances: 2010 D Intermodal facility in Roanoke region: 2010 ._-. r,~~"~~~·:lv·7<>....:.IIJ~'<··9 I I I I, J" ò " " s .- " ; -- - t.-fl6f!f.· . ..._~~_.__.~_. www.dr-pt.virginia.goy .. . - - .. Regional Economic Benefits ': ; The Heartland Corridor Multi-State Initiative includes one intermodal facility per state along the corridor. -, I " Without an intermodal facility, Virginia will not have I I access to: I -, · Goods that are traveling along this rail line I " I · Competitive shipping to global markets -, · New jobs and economic development : ~ " W"'o'" th;, faoml" Wg;o;a will be a pa''-j I .. through state, leaving economic benefits and : ~~6¡:-t.; future jobs onthe table f()r.other states, _ I~ ._:drpt.vi.rginla.gov I" .. .- ; R. ~I"~" ~r.) ,'~U"CI '1..;01 '9 6"-J 3 Regional Benefits The Virginia Inland Port "::f1~[;f; " cJ Economic Engi~e for t¡:;;-' I Commonwealth of Virginia ! 0 Since opening in 1989: - 24 Major Companies have Located Near VIP - Investment of Over $599 Million Employment of Over 7,000 , i__ www.drpt.virginia.gov . I>,.~,,'~" ~.r., '.'.Ilno" ·/~l.n~ ,.~ . -. Transportation Facts ¡ i:I A new option for freight shipping by rail along both the Heartland Corridor (Route 460) and the 1-81 Corridor U Competitive rail access to global markets ., i:I More truck diversion to rail, which helps manage truck traffic on 1-8~ wld Route 460 1:1 Anticipated rail containers generated: I " - 2010-2020: avemge of 60/day .. - 2020 and beyond: average of 150/day U Anticipated short-haul truck traffic generated: , - 2010-2020: average of 87 trucks/day (5/hr) I - 2020 and beyond: average of 235 trucks/day (15/hr) .' ;~~:!f.; """" ""'""-"':' '" " '~::.:::.: eo' " '"": 'J! . www.drpt.virginia.gov - .- 4 ,-- Site Evaluation Process U DRPT is working collectively with state agencies and NS to evaluate the sites submitted. o The evaluation includes: - ., - " - , , - ., -. - Initial site proposal review by DRPT for fatal flaws based on the minimum criteria as established by DRPT for Rail Enhancement Funding Site proposal review with respective agencies as determined by DRPT, in coordination with the OAG Existing road impact evaluation and road need anaiysis as conducted by VDOT Site review for ancillary developable land for future distribution center growth opportunities as conducted by VPA and VEDP Site proposal reviews for practical application and interface as provided by NS Public comments and feedback received from area localities : ::fl!J~ www.drpt.virginia.goy ". no" .... --____. ~~3-~'. :::"~':v",,,,1 \~~.""' DRPT Site Location Criteria " o The minimum criteria for the facility are: - Must be close to Interstate 1-81 with reasonable access and egress Must be located on the Heartland Corridor line between Walton on the west and tilL' Shenandoah line connection on tile east Must not create additional grade separations, I, particularly in congested urban areas , Should be a minimum of 65 acres and flat topography I - Should seek to minimiæ associated roadway costs I that might be engendered or necessitated I' Should seei< to be well-configured into the rail- operating perspective to avoid degrading rail traffic. '1 add to efficiency of intermodal operation. and result in relative facility development or facility delivery costs Is lO.J< :: ~~!Jr-t; !www.drpl.virginia.gov . H~.'n'.~~; r.f: ~un'.1 ~'"",c} I I I I i I ; I I. J" o " o. 9 '.- 5 - Site Evaluation Schedule D Feb. 2, 2007: DRPT announced the need for I additional review and dialogue with area I localities to determine the specific site I " location for this important regional facility. D FebjMar: DRPT will provide briefings to local I government boards. " D April 2007: Anticipated announcement by I " DRPT regarding the application of public funds I to a specific intermodal facility site. . :-~~!!f; J L' ~ . www.drpt.virginia.gov , ... -________" ~r.'-r.~':~~':r'..·"I~'~""ng 11 . ..1 ¡-Overview Map-of Site LocationSl ! / ~><, ~ ,\ G//// "'!.;.... ,~ J,)\ ----. -" f // - 6 ,. ~,.-,. ; ~;..-r,·. '"r., (cunClI ~·.~l." " --. .- ~ East End Shops Site- , I , general information I i D Jurisdiction: Roanoke City U General Description: North of tracks along the former N&W mainline in downtown Roanoke. Next to the Roanoke Valley waste transfer facility and immediately west of the Hollins I Road crossing. , " 0 Proximity to 1-81 and Road Access: Approximately six highway I miles to 1-81 via Hollins Road. US 460 and 1-581. D Access to the NS Heartland Corridor: On tile Heartland I .. Corridor. Directly accessible to the NS Altavista line. but not I the Shenandoah Valley line. :J Need for Grade Separations: The Hollins Road and 8th Street I (in Vinton) crossings would be blocked for long periods of lime I when trains arc switching in and out of the facility, unlcs5 grade separated. U Size and Shape of Site and Ownership: Roughly six acres. but i .. does not permit double ended rail access. Owned by NS. but I part of site is now used by Johnstown America. I 0 Topography: Flat. ~~!J~ I· U Site Raifroad Operating Characteristics: On double track 0 0 mainline track. ." ~ ~.drf:ll.vir9inia.goY J" . -«~"~'.. tl;1':~U"'" \',d.I'· It. 0- 7 ,- 1>~4r·'.'. Cr.f ~"."n<1l ~~~lln, ::;.--..:..:..t- --- Roadway Material Yard Site- ,- general information I , U Jurisdiction: Roano"c City D General Description: South of the trachs along the former N&W mainline approximately four rail miles east of downtown I , Roanoke. adjacent to the NS track material storage yard. " Irnmedialcly west of the SR 117 overpass. D Proximity to '-81 and Road Access: Approximately five miles to 1-8tvla Blue Ridge Drive, SR 117 and 1-581_ D Access to the NS Heartland Corridor: On the Hearlfand -, Corridor and is directly accessible to the NS Shenandoah " Valley and Altavista lines. , U Need for Grade Separations: None. Highway access would require a new road and bridge crossing of the Roanoke River. I ,; D Size and Shape of Site and Ownership: Roughly 10 acres and I permits doubfe ended rail access. Owned by NS. road access route privately owned. ,- D Topography: Relatively flat , " D Site Railroad Operating Characteristics: On main track 1_ I ;!!J~ Main track 2 is on lhû opposite side of Roanoke Yard leads. J~ " " : ~.drpt.Yirginia.90v ''-:. -- - . ~>.·"C( I.C<,""=~"..~~ (0, (...,,,,, ','r", "7 1 East End Shops Site- Preliminary VDOT Analysis o Site Access: Both NB and SB truck traffic would likely enter at Exit 143 from 1-81 onto 1-581 and use Exit4E onto Route 460 Orange Avenue (AADT 42,000-45,000 vpd) eastbound, turning right on Hollins Road (MDT 8,600 vpd) to access the site. Distance is approximately 6 miles. J Traffic Impact: Currently peak hour traffic in this area of Orange Avenue is extremely congested during peak hours and additional impact from truck traffic may add to the congestion in this area. Additional analysis would be needed to quantify the impact of the added truck traffic. A project is currently in development to widen Hoilins Road south of Route 460 Orange Avenue to a 4-lane divided facility with a grade separated crossing with the mainline rail tracks. 7o-~!J£t www.drpt,virglnla.gov o Road/Raillnterface: Adequate track length is not present to ailow for staging of train traffic; therefore, blocking wiillikely occur on Hoilins Road and 8th Street in Vinton if not grade separated. " ·l'··'·'··~':'1'.;C_-'I'.le...·:r.9 I'~ " 1S .---.J 9 .. Roadway Material Yard Site- Preliminary VDOT Analysis I 0 Site Access: Traffic will likely use 1-81 Exit 143 onto 1-581, I take Exit 2 at Peters Creek Road (MDT 16,000-24,000 , vpd) and travel 4.5 miles south to turn east onto Aerial Way. A new bridge crossing over the Roanoke River will be I needed to access the site from Aerial Way unless an I alternate entrance is proposed. Distance is approximately 6 miles. :.J Traffic Impact: Minimal impact is expected on Peters Creek Road; however, additional analysis would be needed to quantify the impact of the added truck traffic at various signalized intersections along this route. I I " 0 Road/Raillnteñace: As noted, new access will need to be I added to the end of Aerial Way to the proposed site. ! Currently an at grade local road may need to be grade ·.eRn· separated to prevent blocking. '" '7 . ...-~. .....~....~ .-- :.;: ; ....---.--...- ,', :www.drpt.virginia.gov '. :;:'<".'~-: I¡,.<.-,II.!~... ..~ 19 .---1 QUEsnONS? l I I I Ii www.drpt.virg!n.ia~góv . - .-. --_.\. "... .. ..Ð·..··'ß··':--···~";···- ... . ... r' M . ~'.' ¿.. . 't"'" .," -.... __"f. ~ JI..«.',.. . 'h.,,·,.C.''^'''''·''''~'~',,~,r.,h ," .."õ"''''':''''I TlMs.:.~~~~.~\~ ~~~". ..;~ .~o ¡;';i';.~ 10 ·-DRJq· Virginia Doparlrnonl of Roil and Public Transportation The Smartest Distance Between Two Points I www.drpt.virgin¡a.gov i nfo@drpt.virginia.gov 804-786-4440 . -Jl!1:.!f;. ,. 0 0 N " www.drpl,virginia.!]oy . rl~~n'.~ft Cr.y :;:I>"ncll "'~~I''11 210- 11 ·ÐßP~· V"giniaDepartr.."'lofj(~QI'ldF\,b1I<:TrO'llopOrfg"on Th. ·5~~;;·~·k.nc. h~ fwg Poin'" RELEASE: IMMEDIATE Contact: Jennifer Pickett (804) 786-7432 Jennifer. Pi ckett@drpt.virginia.gov Public Comment Report Issued on Intermodal Facility Site Search DRPT Announces Next Steps in the Review Process RICHMOND, Va., February 2, 2007- The Virginia Department of Rail and Public Transportation (DRPT) today issued the public comment report for the Roanoke Region IntermodaJ Facility Site Search. Based on feedback received, DRP T is extending its review process and inviting area localities to engage in more detail ed discussions regarding th e ten sites under cons ide ration for the Roanoke Region Intermodal Facility. "We are sensitive to the needs of the community involved in this intermodal facility site search and we don't want to rush into a decision," said DRPT Director Matthew Tucker. "The public comments have been very helpful, and we look forward to working with localities as we continue through the site review process." Today's public comment report is based on com ments received during the 45-day com ment period from November 30,2006 to January 16. 2007. This report establishes the need for additional review and dialogue with area local ities to determine the specific site location for this important regional facility. The report is available online at htto:/Jwww.drot.virainia.aov/soeciallroanoke.asox During the months of February and March, DRPT will contact localities to schedule time on local board meeting schedules. A final decision on the intermodal facility site location is now anticipated in April 2007. Background Information The Roanoke Region Intermodal Facility is part of the Heartland Corridor initiative, a multi-state freight rail project involving VA, WV, OH and KY that will provide a critical transportation link for the Port of Hampton Roads and Virginia's business community to inland markets in the Midwest. Freight rail improvements associated with this project will remove an additional 150,000 trucks from Virginia's roads each year beginning in 2010. The ¡nterm odal facility is anticipated to provide economic benefits for the entire Roanoke region, sim i1ar to benefits achieved through the inland port in Front Royal. Virginia. DRPT's role in the site evaluation process is to determine whether public funds, through the Rail Enhancement Fund. will be applied to the intermodal facility. About DRPT The Virginia Departm ent of Rail and Public Transportation (DR PT) is the state agency responsible for rail and public transportation in Vi rginia. One of six agencies that repo rt to the Secretary of Transportation, DRPT facilitates the movement of people and goods throughout Virginia with three main areas of activity- rail, public transportation and commuter services. We help people and businesses find the smartest distance between two points. Visit us at www.drot.virainia.aov. ### Virginia Department of Rail and Public Transportation 1313 E. Main Street, Suite 300 Richmond, VA 23219 www.drot.virainia.aov 1 Williamson Road Fire Station February 5. 2007 · Discussion of Planning Commission Items Plaza at Williamson Road Sl53.105 Full Brick Ell'vations 530.000 · Revicw of Project Features and Budget Budgeted Building Cost CUlTent Estimate $1.250.000 S 1.361.683 (S 111,6X3) · Discussion Fire Deparlmcnt Operational Issues Longer Apparatus Bays $120,000 . Disl'ussion of LEED Certification US Grecn Building Council LEED = Leadership in Energy and Environmeutal Design Five Major Arcas Sustainable Sites Water Erfïciency Energy and Atmosphere Materials and Resources Indoor Environmental Air Quality Certification Levels: Certifïed. Silver. Gold and Phllinum Fire Station is viable candidate for Certified or Silver Additional Project Costs Design Fees LEED Fees AlE Design and Documentation Commissioning Agent Increased Building Cost (5-10%) 53.500 $54.325 $20.000 $136,168 ('-- o w W .....J ~ ..c S z C. 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Q) 0 (0 E g ; -Q) ma:l.o m c ~ co ._ ._ m 0l.E Olcm c .- ::J .- "0 m > = " co ::J " m .0 Q) "Ou..£ Q) CI) ...... - 0 ~o- ::J 0 m EQc m 0.- "OC\JiOE Q) co m t Ol- ::J o c m E 0...= 0 Q) ::J (.) ~ ......- co co Q)::J- -cm c 0 co ? - Q) m £~ LU o o Q) Q)"O ..c 0 I-E . .... .E III C/) t5 C/) C/) III .S; C/) :J . lXl8 III 0 ¡::(\,J , ::>; r:: ~ o III "2tñ C/).... 2~ . r:: r:: III .2 E 1:>1:: '2 <1l .....0.. C/) III r::Cl 8cri Oõ::) r:: III .!;1> .¡:: C/)..... III .0::" Cl. t:l> . . .S; ¡ß 1:j '- :'::::~ :J '- lXl (,) .~ ~- ~ ~ f¡J~ .S:; ~ .l!l C/) .r:: :J - CI) r:: r:: .!;1> o C/) .... III IllCl 0.. III ~:Q . <1l JE ·S '- ro ~~ ,CI) CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church ¡\ venue. S. \V.. Room 456 R<.>anoke. Virginia 24011-1536 Tdephrllle: (s.!o.! ~5~·25·U Fax: (540) S53-1145 F.-mail: c1erk@ro3nok~\'a gov SIIEILA N. IIARn1AN ..\s:.i:>lant City Clelk STEPIIANIE M. MOO~. C~IC CilyClcrk February 22, 2007 File #60-223-229-236 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 37678-022007 accepting a grant from the No'rfolk Southern Foundation made to the City to fund the development of a strategic plan for the Virginia Museum of Transportation, and authorizing execution of any required documentation on behalf of the City. The above referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 20,2007. Sincerely, ~n,.~~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget R. Brian Townsend, Acting Assistant City Manager for Community Development '^~ vJ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of February, 2007. No. 37678-022007. A RESOLUTION accepting a grant from the Norfolk Southern Foundation made to the City to fund the developmcnt of a strategic plan for the Virginia Museum of Transportation, and authorizing execution of any required documentation on behal f of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: I. The City of Roanoke does hereby accept a grant from the Norfolk Southern Foundation to fund the development of a strategic plan for the Virginia Museum of Transportation in the amount of $50,000 upon all the tcrms, provisions and conditions relating to the receipt of such funds, all as more particularly described in the letter of the City Manager to Council dated February 20,2007. 2. The City Manager and the City Clerk are hereby authorized to execute, seal, and attest, respectively, all necessary documents required to accept the grant funds, all such documents to be approved as to form by the City Attorney. 3. The City Manager is further directed to furnish such additional infonnation as may be required in connection with the City's acceptance of this gram. ^ TTEST: ~M.~~ City Clerk. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S. \V., RllLll1l456 Roanoke, Vitginia 24llll-1536 Tdl'phone: (5·~O) R53·2541 rax: (5.10) ;;(.<;]-] 1-15 E-1l13il: clcrkG!'roanoke\'3.guv SHEI!.A~. IIARTMA" Assi$.lam City Clerk STEPHA~IE M. ~IOO". CMC' City Clerk February 22,2007 File #60-223-229-236 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Budget Ordinance No. 37679-022007 appropriating funds from the Norfolk Southern Foundation for a study of the recognition potential of the Virginia Museum of Transportation, and amending and reordaining certain sections of the 2006-2007 Grant Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 20, 2007, and is in full force and effect upon its passage. Sincerely, ~'m.~~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Office of Management and Budget R. Brian Townsend, Acting Assistant City Manager for Community Development ,<,-':> ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of February, 2007. No. 37679-022007.. AN . ORDINANCE to appropriate funding from the NOrfolk Southern Foundation for a study of the recognition potential of the Virginia Museum of Transportation, amending and reordaining certain sections of the 2006-2007 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 2006-2007 Grant Fund Appropriations be, and the same are hereby, amended and reordainedto read and provide as follows: Appropriations Fees for Professional Services Revenues VA Museum Study (NS Foundation) FY07 35-410-8749-2010. S 50,000 35-41 0~87 49-87 49 50,000 Pursuant to the provisions of Section 12 of the City Charter, the secorid reading of this ordinance by title is hereby dispensed with. ·M. Mt»vv City'Clerk. .. C. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. T.lylor ~·111nicip,ll Building 215 Church AV('llue, S.\V.. Room 36-1- RO.1nl)ke, Virginia 2·1011-1591 Tvlt'phllIW: 1:;4-111 s:,.~-~:-;.1.1 I:"~,. (5·1l1}~33-IIY:; Cil.v \\'\'h: www.r\lollll,J..t'\'<l.l:'.1'" February 20, 2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wish neff, Council Member Dear Mayor Harris and Members of Council: Subject: Norfolk Southern Grant Background: The Norfolk Southern Foundation has pledged $50,000 in support of an independent study of the Virginia Museum of Transportation for the purpose of determining the potential of achieving higher recognition as both an important historic resource and a tourist destination. The City of Roanoke has been asked to administer the study. Recommended Action: Accept the Norfolk Southern Foundation grant described above and authorize the City Manager to execute any related documents, in such form as is approved by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate of $50,000 and to appropriate total funding in the same amount to an account to be established by the Director of Finance in the Grant Fund. Honorable Mayor and Members of City Council February 20, 2007 Page 2 Respectfully submitted, Darlene L. Bur City Manager DLB:prw c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance R. Brian Townsend, Acting Asst. City Manager for Community Dev. Sherman M. Stovall, Director of Management and Budget CM07-00018 CITY OF ROANOKE OFFICE OF THE CITY CLERK 21-" ChurL'll /\\'~nu~. S. \V.. RllOnl 456 RoanDke. Virg.inia 24(111-1536 T..:kpho(\~': (5'::'U) :S5:i-2.'i41 Fax: (:'i.!O) 355-1 ]·15 F.-mail: .:krklirroJ.n(lkt'\·;L~Il\' SHEILA r\. HART\lA:-: '\:.~i~tanl City Ckrk STEPHAr\IC ~1. ~IOOr\. C~IC City ('lerk February 22, 2007 File #60-72-236 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 37680-022007 authorizing the City Manager to execute requisite documents with the Western Virginia Workforce Development Board for the City of Roanoke to continue to be the grant recipient for Workforce Investment Act Area 3, to be operated by the Western Virginia Workforce Development Board. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 20, 2007. Sincerely, ~rn.~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget R. Brian Townsend, Acting Assistant City Manager for Community Development Jane Conlin, Director of Human/Social Services ~ IN THE COCNCIL OF TIlE Clr{ OF ROANOKE, VIRGINIA, The 20th day of February, 2007. No. 37680-022007. ¡\ RESOLUTION authorizing the City Manager to exeeute the requisite documents with the Western Virginia Workforce Developmellt Board for the City of Roanoke to continue to be the grant recipient for Workforce Investment Act Area 3, to be opcrated by the Western Virginia Workforce Developmcnt Board. BE IT RESOLVED by the Council of the City of Roanoke as fullows: I. The Western Virginia Workforce Development Board Workforce Investment Aet funding of $50,000 is hereby ACCEPTED. for the period of 2007 - 200S. 2. The City Manager is authorized to execute, and the City Clerk is authorized to attest, the requisite documents necessary to accept such fll11ding, and any and all understandings, assurances and documents rdating thereto, in such fÒrm as is approved by the City Atturney, as more particularly set out in the City :\1anager's letter dated February 20. 20U7, to City Council. ATTEST: L- nA '. l'M.W'\~ ~Clerk. \. ~:'~HúL.VTI()~·:\R W1'I. 2-:::0 07 I)ûC fI '';.'". . ." .~.\-: ~ ·n CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Chmch A\'enue. S. \V.. Room 45ó R03IltlkL'. Virginia :!4011-1536 TdlThum:: l5':;OJ H5.1-25"¡ I pax.: c5-l-(») ~53-11-l5 E-mail: (.:krk(~~nlanllkt"\"<l.gll\· SHEILA i\. HARTt\1A:-.l As!-i~t.:ult City Clerk STEPIL\I\IE M. ~100N. nlc ('Il} Clerk February 22, 2007 File #60-72-236 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Budget Ordinance No. 37681-022007 appropnatlng funds from the Commonwealth of Virginia for the Workforce Investment Act Incentive Grant, and amending and reordaining certain sections of the 2006- 2007 Grant Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 20, 2007, and is in full force and effect upon its passage. Sincerely, . hî.~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Office of Management and Budget R. Brian Townsend, Acting Assistant City Manager for Community Development Jane Conlin, Director of Human/Social Services ~'-:, IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of February, 2007. No. 37681-022007. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Workforce Investment Act Incentive Grant, amending and reordaining certain sections of the 2006-2007 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 2006-2007 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Incentive Grant - Regular Employee Wages 35-633-2337-8057 $ 50,000 Revenues Workforce Investment Act Incentive Grant 35-633-2337 -2337 50,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: . M, rYJ {1fYV City Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER I'\..'cl C. Toyl(lt \111Iliejp.llllllilding 215 Church :\\'Cll11e. S.\V., {POl1l Jb4 I\O,ll1\)kl', Virginia 2..J.011-1.:;91 /""lq'/¡"lll" 1..,...I.l.l....:-J_~:n., F.1\: (:;\(lj ~5.~ 11.""'; l iL\" \\\,11. \\"\\ \\ .!\,.lI1tlj.:.·\·,l.~ll\ February 20, 2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Incentive Grant Funding for Western Virginia Workforce Development Board Workforce Investment Act (WIA) Programs Background: The City of Roanoke is the grant recipient for Workforce Investment Act (WIA) funding, thus, City Council must appropriate the funding for all grants and other monies received in order for the Western Virginia Workforce Development Board to administer WIA programs. The Western Virginia Workforce Development Board administers the federally funded Workforce Investment Act (WIA) for Area 3, which encompasses the counties of Alleghany, Botetourt, Craig, Franklin and Roanoke, and the cities of Covington, Roanoke, and Salem. WIA funding is for four primary client populations: · Dislocated workers who have been laid off from employment through no fault of their own; · Economically disadvantaged individuals as determined by household income guidelines defined by the U.S. Department of Labor; · Youth who are economically disadvantaged, or who have other barriers to becoming successfully employed adults; and Honorable Mayor and Members of City Council February 20, 2007 Page 2 · Businesses in need of employment and job training services. The Western Virginia Workforce Development Board (Area III) has received a Notice of Obligation (NOO), from the Virginia Employment Commission, allocating $50,000 to be used during the period of January 1,2007, through March 31, 2008. Governor Timothy Kaine awarded these funds upon the recommendation of the VA Workforce Council to recognize Area III for performance during the 2005 program year. These funds may be expended for local coordination activities, regional cooperation activities and to provide services to target populations. Considerations: · Program Operations - Existing activities will continue and planned programs will be implemented. · Funding - Funds are available from the Grantor agency and other sources as indicated, at no additional cost to the City. Recommendations: Accept the Western Virginia Workforce Development Board Workforce Investment Act Incentive Grant funding of $50,000, for January 1, 2007, to March 31, 2008. Adopt the accompanying budget ordinance to appropriate funding to account 35-633-2337-8057 in the Grant Fund and to establish a corresponding revenue estimate in the same amount. ~ Darlene L. Burcham City Manager c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Sherman M. Stovall, Director of Management and Budget Jane R. Conlin, Director of Human Services R. Brian Townsend, Asst. City Manager for Community Dev. CM07-00021 CITY OF ROANOKE OFFICE OF THE CITY CLERK 21'i Church Awnue. S. W.. Room 456 Roanoke, Virginia 24011-1536 TcIcphunc: (540) 853-2.541 EIX: (540) 853-1 [45 E-mail: çkrk@f\l:,ulOkC'vfI.go\, SHEILA :-.:. 1I..\RTi\l-\N Assistant City Clerk <P~ - STEPHANIE ~'1. ~100~, CMC City Ckrk February 22, 2007 File #5-60-236 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No.3 7682-022007 accepting the Data Share grant to the City from the Virginia Department of Criminal Justice Services, and authorizing execution of any required documentation on behalf of the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 20, 2007. Sincerely, 1~~~o~~~~ City Clerk SMM:ew Attachment pc: Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget R. Brian Townsend, Acting Assistant City Manager for Community Development A. L. Gaskins, Chief of Police cßb .... IN THE COlJNCIL OF THE CITY OF ROA.."\fOKE, VIRGINIA The 20th day of February, 2007. No. 37682-022007. A RESOLUTION accepting the Data Share grant to the City from the Virginia Department of Criminal Justice Services, and authorizing execution of any required documentation on behal f of [he City. BE IT RESOLVED by the Council of the City of Roanoke as follows: I. The City of Roanoke does hereby acccpt the Data Share grant offered by the Virginia Department of Criminal Justice Scrvices in the amount of $200,000 upon all the temls, provisions and conditions relating to the receipt of such funds. The grant, which requires a $25,000 in-kind match by the City, is more particularly described in the letter of the City Manager to Council, dated Febmary 20, 2007. 2. The City Manager and the City Clerk are hereby authorized to cxecute, seal, and attest, respectively, the grant agreemcnt and all necessary documents required to accept the grant, all such documents to be approved as to form by the City Attorncy. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's ac·ceptance of this grant. ATTEST: ~'rn~ CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S. \V.. RO(l111456 Roanoke. Virginia 24011-1530 Tclcphont': (540) 85.l-:!5-1I Fax: (540) 853-11·15 E-mail: ch~lkcª'rll'U\llkl:\";I.g(l\· SHEIL..\ 'J. HARnlAN As.:.i:;(¡1Il1 CIIY Ocr" STEPHA~IE t\1. MOO:'\l, C~IC City Cl¡:rk February 22, 2007 File #5-60-236 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Budget Ordinance No. 37683-022007 appropnatlng funds from the federal government through the Commonwealth of Virginia for the Byrne Memorial Grant Program, and amending and reordaining certain sections of the 2006-2007 Grant Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 20, 2007, and is in full force and effect upon its passage. Sincerely, . . ~.~0vV Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Office of Management and Budget R. Brian Townsend, Acting Assistant City Manager for Community Development A. L. Gaskins, Chief of Police -::<;-7 ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of February. 2007. No. 37683-022007. AN ORDINANCE to appropriate funding from the federal government through the Commonwealth of Virginia for the Byrne Memorial Grant Program, amending and reordaining certain sections of the 2006-2007 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 2006-2007 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Fees for Professional Services Expendable Equipment Publications & Subscriptions Furniture & Equipment 35-640-3630-2010 35-640-3630-2035 35-640-3630-2040 35-640-3630-9005 Revenues Police Data Sharing FY07 - State Police Data Sharing FY07 - Local Match Police Data Sharing FY07 - Roanoke County Police Data Sharing FY07 - City of Salem Police Data Sharing FY07 - Town of Vinton 35-640-3630-3630 35-640-3630-3631 35-640-3630-3632 35-640-3630-3633 35-640-3630-3634 $ 40,000 8,000 120,000 32,000 150,000 25,000 18,300 5,100 1,600 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: - h1.'rY\ð~ 'City Clerk.· "-- CITY OF ROANOKE OFFICE OF THE CITY MANAGER Nl>el C. T.,)'ll>1" Municipal ßui1din~ 213 Church Avenue, S.\V., R(IOm 3h-t I{ll~lIll")k(', Virhini.1 2-J.Oll-15l)] I (·I";lh"!k 1::;·11)) .-':;.~-~.~."".1 ¡:,1\: l:=;Wj sr.¡",;-] 1."':,-': (il\" \\"d," \':\\ \\ .r",lll":-"'\'1.\~\'\· February 20, 2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Data Share Grant Background: The Department of Criminal Justice Services (DCjS) distributes federal funding through the Edward Byrne Memorial Grant Program. Byrne programs may consist of many initiatives including improvements to technology that will enhance the functioning of the criminal justice system. The Chiefs of Police for the four departments in the Roanoke Valley have identified a need for a regional data sharing system. This would enable officers from each department to search data from the other departments with ease and convenience. Access to this regional system would allow officers to more easily track and compare criminal activity that crosses jurisdictional boundaries thus increasing the likelihood of more rapid case clearances and reduced criminal activity. A system of this nature would greatly enhance the law enforcement services provided for all citizens in the Roanoke Valley. On December 20, 2006, DCJS awarded the police department $200,000 in Byrne Memorial Grant funding to design and/or purchase a law enforcement data sharing system for the Roanoke Valley. The grant program requires a cash match of $50,000. Agreements have been reached with the Chiefs of Police for the County of Roanoke, the City of Salem and the Town of Vinton for $25,000 of the required match. The remainder of the match will be Honorable Mayor and Members of City Council February 20, 2007 Page 2 budgeted by $18,200 from Police State Asset Forfeiture (35-640-3302-9015) and $6,800 from Local Match Funding for Grants (35-300-9700-5415). Recommended Action: Accept the Data Share Grant described above and authorize the City Manager to execute the grant agreement and any related documents, in such form as is approved by the City Attorney. Adopt the accompanying budget ordinance to establish revenue estimates for State grant funds of $150,000, local cash funding of $25,000, and funding from other localities of $25,000. The budget ordinance will transfer funding in the amount of $18,200 from 35-640-3302-9015 and $6,800 from 35-300- 9700-5415 to provide the local match. The budget ordinance will also appropriate total funding of $200,000 in accounts to be established by the Director of Finance in the Grant Fund as follows: Appropriation: DescriPtion Amount Publications and Subscriptions Fees for Professional Services Furniture and Equipment Expendable Equipment $120,000 $ 40,000 $ 32,000 $ 8,000 $200,000 TOTAL Respectfully submitted, Darlene L. Bu City Manager DLB:gws c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance R. Brian Townsend, Acting Asst. City Manager for Community Dev. A. L. Gaskins, Chief of Police CM07-00019 &I ~ ·~i.·: 't ';m;> CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S. W.. Room ~51i Roanoke. Vitginia 24l111-15.11i TC]c'pholw: (54!)) 853-25"'1 1-'a...: (54rl) ::l:,-~-I 1-t5 Email: dClkØ !,QanOkC\"3.gov SIIEIL\ N. II..\RT\1.-\N .·\ssi~lam <:icy Cle,.k STEPHA"i1E \1. \IOON. Die Cily CI¡~rk February 22, 2007 File #178-236 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 37684-022007 authorizing appropriate City officials to amend the 2005-2010 Consolidated Plan regarding the World Changers project, including submission of necessary documents to the U. S. Department of Housing and Urban Development, and to enter into a Subgrant Agreement with the Blue Ridge Housing Development Corporation, Inc., regarding the World Changers project, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Tuesday, February 20,2007. Sincerely, ~M~"C~~ City Clerk SMM:ew Attachment pc: Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget R. Brian Townsend, Acting Assistant City Manager for Community Development H. Dan Webb, Acting Director of Housing and Neighborhood Services Frank E. Baratta, Budget Team Leader 4-<'- ., \~\\01 ')J, IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of February, 2007. No. 37684-022007. A RESOLUTION authorizing the appropriate City officials to amend the 2005-2010 Consolidated Plan regarding the World Changers project, including submission of necessary documents to the U.S. Department of Housing and Urban Development (HUD), and to enter into a Subgrant Agreement with the Blue Ridge Housing Development Corporation, Inc., regarding the World Changers project, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that, as more particularly set forth in the City Manager's letter dated February 20,2007, to City Council: 1. The City Manager is hereby authorized to execute an amendment to the 2005-2010 Consolidated Plan regarding the World Changers project, including submission of necessary documents to HUD; and 2. The City Manager and City Clerk are hereby authorized to execute and attest, respectively, on behalf of the City, a Subgrant Agreement with the Blue Ridge Housing Development Corporation, Inc., regarding the World Changers project, such agreement to be approved as to form by the City Attorney. ATTEST: ... 'hì, h1~ City Clerk. \.. R-8R Housing - World Changers 2-20-07 CITY OF ROANOKE OFFICE OF THE CITY MANAGER Nllt"1 C. TaY[llr Municipal Building 21.:; Church "¡\\,Cllllt..', S.\V., Rlllll11 :;h-t RO.lTlnkc, Virginia 2..Hl II-15~11 "ll'..,!'lhllH': 1'i·Hlj ,,:"'1-2.1."'\1 1:,1 \: f '~-ltl) _"':;:'\-111:-; Cil\"\\'\'\': \\\\"\\".1",1[1l",1.'\·,1:-;1I\" February 20, 2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of Council: Subject: Consolidated Plan Amendment and Subg";"ant Agreement with Blue Ridge Housing Develop- ment Corporation, Inc. for the 2007 World Changers Project Background: 1 World Changers, a volunteer ministry of the Southern Baptist Convention North American Mission Board, has for four consecutive years brought together youth and adults from other communities to repair housing in the City of Roanoke. Each year, this has been accomplished through a subgrant agreement with Blue Ridge Housing Development Corporation, Inc. (BRHDC), which has received Community Development Block Grant (CDBG) funds for måterials and overhead costs associated with conducting the project. Beyond the housing benefits for our residents, the projects have spread goodwill throughout the community. For 2007, the City is again looking to welcome World Changers to Roanoke and intends to provide $75,000 in CDBG funds for the project, which will take place in July and assist approximately 25 homes. As part of this year's project the City and BRHDC are exploring with partnering Roanoke churches ways in which we might also develop the participation of local youth and adult volunteers. An amendment to the City's HUD Consolidated Plan must be executed to add this project, including a 30-day public review before implementation. A legal notice appeared in the Roanoke Times on January 11, 2007, to begin the public Honorable Mayor and Members of City Council February 20, 2007 Page 2 comment period, which ended February 12, 2007. No objections to the project have been received. Considerations: In order to undertake the project, City Council's authorization is needed to execute the plan amendment and the subgrant agreement with BRHDC. The agreement has a time of performance from February 1, 2007, to September 30, 2007. Necessary funding is available in the following CDBG accounts: World Changers 2007 Project 35-G05-0520-5390 World Changers 2007 Delivery 35-G05-0520-5395 ($67,500.00) ($ 7,500.00) Recommended Actions: 1. Authorize the City Manager to execute an amendment to the City's HUD Consolidated Plan to add the 2007 World Changers project. 2. Authorize the City Manager to execute a CDBG Subgrant Agreement with Blue Ridge Housing Development Corporation, Inc., similar in form and content to the attachment to this Council Letter, and approved as to form by the City Attorney. , Darlene L. B cham City Manager Attachments: 1 c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance R. Brian Townsend, Acting Asst. City Manager for Comn;1Unity Development H. Dan Webb, Acting Director of Housing and Neighborhood Services Frank E. Baratta, Budget Team Leader CM07-00015 AGREEMENT This agreement is made and entered into this first day of February, 2007, by and between the following parties: The Grantee City of Roanoke, Virginia 215 Church Avenue, S.w. Roanoke, Virginia 24011 The Subgrantee Blue Ridge Housing Development Corporation, Inc. 510 11 th Street, N.W. Roanoke, Virginia 24017 WITNESSETH WHEREAS, by Resolution No. _____-______, adopted ________ __, 200_, the Council of the City of Roanoke, Virginia, ("Council") authorized amending the 2005-2010 Consolidated Plan to provide funding for the 2006 World Changers activities; and WHEREAS, by Resolution No. _____-______, Council authorized the execution of a subgrant agreement between the Grantee and the Subgrantee to conduct the 2007 World Changers activities and by Ordinance No. _____-______ appropriated funds therefor; NOW, THEREFORE, the parties hereto mutually agree as follows: 1 . SCOPE OF SERVICES: a. General - Activities to be undertaken by the Subgrantee under this Agreement shall be known as the "Summer 2007 World Changers Housing Rehabilitation Project" (the "Project") and have as their purpose the rehabilitation of single-family housing. Through CDBG funding provided by the Grantee, the Subgrantee will coordinate the rehabilitation of approximately twenty-five (25) homes located in targeted areas of the City of Roanoke. In addition, the Subgrantee may coordinate community service projects such as block litter clean-ups, gateway beautification, planting trees or shrubbery in the areas of property rehabilitation. All homes assisted with CDBG funds under this Agreement shall be the principal residences of "eligible homeowners," as described in section 1 .b. below. Further, housing activities shall be conducted in a manner consistent with the Subgrantee's due diligence and cost detail incorporated into this Agreement by reference. b. Eliqible Homeowners -- For the purposes of this Agreement, an "eligible homeowner" shall mean a household whose income, adjusted for size, Page 1 of 21 Pages does not exceed 80% of the area median income defined by the U.S. Department of Housing and Urban Development ("HUD'') and in effect at the time of application for assistance. In addition, the home for which assistance is sought must be the principal residence of the household. The Subgrantee shall prepare, and retain with records of the Project, documentation of its determination ofthe size and income of the household, including the name, age, and the sources and estimated amount of income anticipated for the coming twelve months for each individual expected to be a member of the household during that period. c. Allowable Expenditures -- Funds provided by the Grantee under this Agreement shall be used by the Subgrantee solely for the costs associated with coordinating the rehabilitation of approximately twenty-five (25) homes in the targeted areas of the City of Roanoke. Except as indicated below, funds under this Agreement may be expended for any necessary, reasonable and allowable CDBG costs, including, but not necessarily limited to, staff, marketing, property preparation, supplies and equipment rental, rehabilitation costs, and other related costs associated with the Project. With the Grantee's prior approval, expenditures may also include the cost of capacity- building activities of the Subgrantee. d. Period of this Aqreement --This Agreement shall be effective as of February 1,2007, and, unless amended, shall end September 30,2007. 2. BUDGET Unless amended, the total amount of CDBG fund provided by the Grantee under this Agreement shall not exceed $75,000. Of this amount, not more than $7,500 shall be used by the Subgrantee for project delivery costs without prior written approval from the Grantee. At the sole discretion of the Grantee, any funds remaining unexpended as of the end date of this Agreement may be deobligated from the Agreement and made available for other CDBG projects of the Grantee, as appropriate. 3. REQUESTS FOR DISBURSEMENTS OF FUNDS a. Disbursement of funds under this Agreement shall not be requested until the funds are needed for payment of allowable expenses. The amount of each disbursement request must be limited to the amount needed. b. In general, disbursements shall be requested no more frequently than monthly, and shall be submitted to the Grantee's Department of Management and Budget in form and content satisfactory to the Grantee, including copies of invoices or bills from vendors supporting Page 2 of 21 Pages the request. Requests for payment of staff wages and benefits shall be supported by payroll summaries or similar documentation. c. Disbursement of funds to the Subgrantee for properly documented requests will generally be made within ten (10) days of receipt, subject to the allowability of costs and the timely receipt of monthly reports (see section 5 below). d. All requests for disbursements of funds associated with activities under this Agreement must be received by the Grantee within 30 calendar days of the ending date set forth in section 1 .d. above. The Grantee shall not be bound to honor requests for disbursements received after this 3D-day period has expired. 4. RECORDS REQUIREMENTS a. Records to be maintained -- At a minimUm, the Subgrantee shall maintain financial and project documents and records which comply with the requirements of 24 CFR 570.506, and 570.507, as applicable. b. Period of record retention n In compliance with the requirements of 24 CFR 570.502(b), the Subgrantee shall retain financial and project documents and records pertaining to this Agreement for a period of four (4) years, as applicable, or the conclusion of any legal or administrative process requiring their use, whichever is later. c. Access to records n The Grantee and other entities shall have access to financial and project documents and records pertaining to this Agreement in compliance with the applicable requirements of 24 CFR 84.53. 5. REPORTING REQUIREMENTS a. By the 7th working day following the end of each month, the Subgrantee shall report the progress of activities covered by this Agreement, in a format acceptable to the Grantee's Department of Management and Budget. Such monthly reports shall include, but not be limited to, the following: (1) A narrative section summarizing progress to-date on each program included under the Scope of Services and documents any matching funds identified or to be contributed by the Subgrantee; (2) A list of monthly gross program income receipts from all sources; (3) A list of any real or non-expendable personal property, including equipment, purchased with CDBG funds; and Page 3 of 21 Pages (4) A table providing data on each housing unit and eligible family assisted (see Attachment A for minimum data elements to be reported). b. The Subgrantee agrees to submit any other reports or documentation as requested by the Grantee concerning activities covered under this agreement. 6. MONITORING The Subgrantee shall monitor the progress of the project covered by this Agreement, and shall submit appropriate reports to the Grantee's Department of Management and Budget. In addition, it is the Grantee's intention to monitor the Subgrantee's performance and financial and programmatic compliance, which may include on-site reviews, at least once during the period of this Agreement. 7. ANNUAL AUDIT As an entity receiving more than $500,000 in federal funding from the Grantee, the Subgrantee shall provide for an annual independent audit of the CDBG/HOME expenditures under this Agreement which complies with OMB Circular A-133. Within 30 days following its completion, two (2) copies of the audit will be provided to the Grantee's Department of Management and Budget. 8. PROGRAM INCOME: "Program income" means gross income received by the Grantee or Subgrantee directly generated from the use of CDBG funds. Program income from any and all sources shall be submitted to the Grantee within five (5) days of its receipt by the Subgrantee. No program income is expected. 9. REVERSION OF ASSETS a. Upon expiration or termination of this Agreement, including any amendments thereto, the Subgrantee shall transfer to the Grantee any CDBG funds or Program Income on hand at the time of expiration or termination and any accounts receivable attributable to the use of CDBG funds. b. Any real property under the Subgrantee~s control that was acquired or improved, in whole or in part, with CDBG funds in excess of $25,000: (1) Shall continue for a period of not less than five years following expiration of this Agreement, including any amendments thereto, Page 4 of 21 Pages to be used to meet one ofthe CDBG national objectives cited in 24 CFR 570.208; or (2) If the property is not used in accordance with paragraph (1) above, the Subgrantee shall pay the Grantee an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the àcquisition of, or improvement to, the property. The payment shall be considered Program Income to the Grantee. 10. SUSPENSION AND TERMINATION In the event the Subgrantee materially fails to comply with any term of the Agreement, the Grantee may suspend or terminate, in whole or in part, this Agreement or take other remedial action in accordance with 24 CFR 85.43. The Agreement may be terminated for convenience in accordance with 24 CFR 85.44. 11. COMPLIANCE WITH FEDERAL REGULATIONS The Subgrantee agrees to abide by the HUD conditions for CDBG programs as set forth in Attachment B and all other applicable federal regulations relating to specific programs performed hereunder. Further, the Subgrantee agrees to require compliance with applicable federal regulations of the contractor by agreement. 12. SECTION 504: The Subgrantee agrees to comply with any federal regulation issued pursuant to compliance with the Section 504 of the Rehabilitation Act of 1973, as amended which prohibits discrimination against the disabled in any federal assisted program. 13. OTHER PROGRAM/PROIECT REOUIREMENTS In addition to other requirements set forth herein, the Subgrantee shall likewise comply with the applicable provisions of Subpart K of 24 CFR 570, in accordance with the type of project assisted. Such other requirements include, but are not necessarily limited to, the following. b. Propertv standards and lead-based paint -- All housing assisted shall meet the Statewide Building Code and the lead-based paint requirements in 24 CFR 570.608. In accordance with regulations, the Subgrantee shall adhere to lead-based paint abatement practices, as applicable, and in no case shall use lead-based paint in the construction or rehabilitation of the properties assisted under this Agreement. Page 5 of 21 Pages d. Section 109 -- In accordance with Section 109 of the Housing and Community Development Act of 1974 (42 U.s.c. 3535(d», no person in the United States shall on grounds of race, color, religion, sex or national origin be excluded from participation in, denied the benefits of, or subjected to discrimination under any program or activity funded in whole or in part with funds available under this Agreement. (See also Attachment S.) e. Conditions for reliqious orqanizations -- The Subgrantee shall not grant or loan any CDBG funds to primarily religious organizations for any activity including secular activities. In addition, funds may not be used to rehabilitate or construct housing owned by primarily religious organizations or to assist primarily religious organizations in acquiring housing. In particular, there shall be no religious or membership criteria for homeowners to be assisted under this Agreement. f. Labor standards -- As herein structured, the program covered by this Agreement is not considered subject to federal Labor Standards, including prevailing (Davis-Bacon) wage rates for non-volunteer labor. Such standards will be applicable in the event CDSG funds are used for infrastructure improvements. Such standards will also become applicable for any single structure in which more than 7 housing units are assisted. g. Environmental standards -- In accordance with 24 CFR 85.36,92.352 and 570.604, the activities under this Agreement are subject to environmental review requirements. Such requirements include, but are not necessarily limited to, historic significance, floodplain, clean air and hazardous sites. The Grantee has performed the tiered review necessary to initiate the preliminary program activities: however, no CDBG funds shall be disbursed by the Grantee for a given property prior to the Subgrantee's complying with the Grantee's environmental procedures, including the Subgrantee's completion of the required tier- 2 environmental checklist and any required remedial actions. All such actions shall be carried out by the Subgrantee using qualified persons or entities. All property acquisitions shall be made contingent upon satisfactory results of the environmental process. All specifications for proposed housing rehabilitation under this Agreement shall be submitted to the Grantee's Department of Management and Budget for review as to compliance with Section 106 of the National Historic Preservation Act. These specifications shall also be reviewed by the Grantee's Environmental Administrator to determine whether the potential for disturbing lead and other hazardous materials, such as asbestos, has been adequately taken into account. The Subgrantee agrees to adjust work specifications or activities in such manner as may be requested by the Grantee to ensure compliance with environmental Page 6 of 21 Pages requirements. The results of the historic and other environmental review activities shall be reflected in the Subgrantee's environmental checklist for the unit and/or project site(s). h. Displacement and relocation -- In accordance with 24 CFR 570.606, the Subgrantee shall take all reasonable steps to minimize displacement as a result of the activities described in section 1. Any persons displaced as a result of the activities under this Agreement shall be provided relocation assistance to the extent permitted and required under applicable regulations. i. Emplovment and contractinq opportunities -- In accordance with 24 CFR 570.607, the activities under this Agreement are subject to the requirements of Executive Order 11246, as amended, and Section 3 of the Housing and Urban Development Act of 1968. The former prohibits discrimination on federally-assisted construction contracts and requires contractors to take affirmative action regarding employment actions. The latter provides that, to the greatest extent feasible and consistent with federal, state and local laws, employment and other economic opportunities arising housing rehabilitation, housing construction and public construction projects shall be given to low- and very-low-income persons. (See also Attachment B.) j. Debarment and suspension -- In accordance with 24 CFR 24, the Subgrantee shall not employ or otherwise engage any debarred, suspended, or ineligible contractors or subcontractors to conduct any activities under this Agreement. The Subgrantee will consult appropriate references, including, but not limited to, the Excluded Parties Listing Service website at http.//ep/s.arnet.gov, to ascertain the status of any third parties prior to engaging their services. The Subgrantee will submit to the Grantee's Department of Management and Budget the names of contractors and subcontractors selected under this Agreement, including a certification by the Subgrantee that it has determined that none of these entities are presently debarred, suspended, or ineligible. k. Uniform administrative requirements -- The Subgrantee shall comply with the requirements and standards set forth in 24 CFR 570.502, and all applicable CDBG and other federal regulations pertaining to the activities performed under this Agreement. I. Conflict of interest -- In accordance with 24 CFR 570.611, no covered individual who exercises any functions or responsibilities with respect to the program, during his tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this Agreement. The Subgrantee shall Page 7 of 21 Pages incorporate, or cause to be incorporated, in any contracts or subcontracts pursuant to this Agreement a provision prohibiting such interest pursuant to the purposes of this section. 14. EQUAL EMPLOYMENT OPPORTUNITY Non-Discrimination: During the performance of this Agreement, the Subgrantee agrees as follows: a. The Subgrantee 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 Subgrantee. The Subgrantee agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. b. The Subgrantee, in all solicitations or advertisements for employees placed by or on behalf of the Subgrantee, will state that such Subgrantee is an equal opportunity employer. c. Notices, advertisement 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. The Subgrantee will include the provisions of the foregoing subsections (a), (b) and (c) in every contract or purchase order of over ten thousand dollars and no cents ($ 10,000.00) so that the provisions will be binding upon each contractor or vendor. 15. DRUG-FREE WORKPLACE The Subgrantee will: (j) provide a drug-free workplace for the Subgrantee's employees; (ij) 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 Subgrantee's 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 ofthe Subgrantee that the Subgrantee maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over ten thousand dollars and no cents ($10,000.00), so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this subsection, "drug-free workplace" means a site for the Page 8 of 21 Pages performance of work done in connection with this contract. 16. FAITH-BASED ORGANIZATIONS Pursuant to '2.2-4343.1 of the Code of Virqinia (1950>' as amended, the City of Roanoke does not discriminate aqainst faith-based orqanizations. 17. THIRD-PARTY CONTRACTS The Grantee shall not be obligated or liable hereunder to any party other than the Subgrantee. 18. INDEMNIFICATION The Subgrantee agrees and binds itself and its successors and assigns to indemnify, keep and hold the Grantee and its officers, employees, agents, volunteers and representatives free and harmless from any liability 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 the Subgrantee including: (a) the Subgrantee's use of the streets or sidewalks of the Grantee or other public property; (b) the performance under this Agreement; (c) the exercise of any right or privilege granted by or under this Agreement; or (d) the failure, refusal or neglect of the Subgrantee to perform any duty imposed upon or assumed by Subgrantee by or under this Agreement. In the event that any suit or proceeding shall be brought against the Grantee or any of its officers, employees, agents, volunteers or representatives at law or in equity, either independently or jointly with the Subgrantee on account thereof, the Subgrantee, upon notice given to it by the Grantee or any of its officers, employees, agents, volunteers or representatives, will pay all costs of defending the Grantee or any of its officers, employees, agents, volunteers or representatives in any such action or other proceeding. In the event of any settlement or any final judgement being awarded against the Grantee or any of its officers, employees, agents, volunteers or representatives, either independently or jointly with the Subgrantee, then the Subgrantee will pay such settlement or judgement in full or will comply with such decree, pay all costs and expenses of whatsoever nature and hold the Grantee or any of its officers, employees, agents, volunteers or representatives harmless therefrom. 19. INDEPENDENT CONTRACTOR Services performed under this agreement shall be performed on an independent contractor basis and under no circumstances shall this Agreement be construed as establishing an employee/employer relationship. The Subgrantee shall be completely responsible for its activities in performing services hereunder. Page 9 of 21 Pages 20. SUCCESSORS This Agreement shall be binding upon each of the parties, and their assigns, purchasers, trustees, and successors. 21. ENTIRE AGREEMENT This Agreement, including all of its Attachments, represents the entire agreement between the parties and shall not be modified, amended, altered or changed, except by written agreement executed by the parties. 22. AMENDMENTS The Grantee may, from time to time, require changes in the obligations of the Subgrantee hereunder, or its City Council may appropriate further funds for the implementation ofthis HOME rehabilitation project. In such event or events, such changes which are mutually agreed upon by and between the Grantee and the Subgrantee shall be incorporated by written amendment to this Agreement. 21. GOVERNING LAW This Agreement shall be governed by laws of the Commonwealth of Virginia. 23. AVAILABILITY OF FUNDS CDBG and/or HOME funding to be made available by the Grantee under this Agreement is contingent upon necessary appropriations by the U.S. Congress. In the event that sufficient funds are not appropriated, at the sole discretion of the Grantee, this Agreement may be terminated in whole or in part. 24. ANTI-LOBBYING To the best of the Subgrantee's knowledge and belief, no federal appropriated funds have been paid or will be paid, by or on behalf of it, to any persons for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, Page 10 of 21 Pages the Subgrantee will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 25. INSURANCE a. Requirement of insurance. The Subgrantee shall, at its sole expense, obtain and maintain during the life of this Agreement or shall ensure that such insurance is obtained and maintained in place, the insurance policies required by this section. Any required insurance policies shall be effective prior to the beginning of any work or other performance by the Subgrantee under this Agreement. The following policies and coverages are required: (1) Commercial General Liability. Commercial general liability insurance shall insure against all claims, loss, cost, damage, expense or liability from loss of life or damage or injury to persons or property arising out of the Subgrantee=s performance under this Agreement. The minimum limits of liability for this coverage shall be $1,000,000.00 combined single limit for anyone occurrence. (2) Automobile Liabilitv. The minimum limit of liability for automobile liability insurance shall be $1,000,000.00 combined single limit applicable to owned or non-owned vehicles used in the performance of any work under this Agreement. b. Umbrella Coveraqe. The insurance coverages and amounts set forth in subsections (1) and (2) of this section may be met by an umbrella liability policy following the form of the underlying primary coverage in a minimum amount of $1,000,000.00. 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 subsections (1) and (2), and it is further agreed that such statement shall be made a part of the certificate of insurance furnished by the Subgrantee to this City. c. Evidence of Insurance. All insurance shall meet the follOWing requirements: (1) Prior to execution of this Agreement, the Subgrantee, or its designee shall furnish the City a certificate or certificates of insurance showing the type, amount, effective dates and date of expiration of the policies. Certificates of insurance shall include any insurance deductibles. Such certificates shall be attached to this Agreement at the time of execution of this Agreement and shall be furnished in a timely fashion to demonstrate continuous Page 11 of 21 Pages and uninterrupted coverage of all of the required forms of insurance for the entire term of this Agreement. (2) The required certificate or certificates of insurance shall include substantially the following statement: A The insurance covered by this certificate shall not be canceled or materially altered, except after thirty (30) days written notice has been received by the Risk Management Officer for the City of Roanoke.@ (3) The required certificate or certificates of insurance shall name the City of Roanoke, its officers, employees, agents, volunteers and representatives as additional insureds. (4) Insurance coverage shall be in a form and with an insurance company approved by the City which approval shall not be unreasonably withheld. Any insurance company providing coverage under this Agreement shall be authorized to do business in the Commonwealth of Virginia. (This space intentionally left blank.) Page 12 of 21 Pages IN WITNESS WHEREOF, the parties hereto have executed this Agreement as ofthe day and year hereinabove written: ATTEST: FOR THE GRANTEE: By By Stephanie M. Moon, City Clerk Darlene L. Burcham, City Manager ATTEST: FOR THE SUBGRANTEE: By By Cyndi Stultz, Secretary Alvin Nash, President and CEO APPROVED AS TO CDBG ELIGIBILITY APPROVED AS TO FORM Dept. of Housing and Neighborhood Services Assistant City Attorney APPROVED AS TO EXECUTION APPROPRIATION AND FUNDS FOR THIS CONTRACT CERTIFIED Assistant City Attorney Director of Finance Date Account# Page 13 of 21 Pages Attachments Attachment A - Housing/Beneficiary Reporting Elements Attachment B - Special Federal Terms and Conditions Page 14 of 21 Pages Attachment A Housing/Beneficiary Reporting Elements On a monthly basis, the Subgrantee shall provide a narrative report to the Grantee summarizing progress on the project to-date. Accompanying the narrative, the Subgrantee shall submit data in a table or spreadsheet format that is needed in order that the Grantee may complete its required reports to HUD. Data provided by the Subgrantee shall include: Property Address Number of bedrooms Status (pending, under construction, completed or sold) Homeowner Name Total family income (projected for 12 months following determination) Number in family Ethnic group Whether family is headed by a single female Whether head of household is disabled CDBG funds committed to property Prime Contractor (if applicable) Name Federall.D. Number (or Owner Social Security Number) Whether Minority-Owned, Women-Owned or Both CDBG funds committed to Prime Subcontractor (if applicable: provide separate data for each subcontractor) Name Federal I.D. Number (or Owner Social Security Number) Whether Minority-Owned, Women-Owned or Both CDBG funds committed to Subcontractor Page 15 of 21 Pages Attachment B U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SPECIAL TERMS AND CONDITIONS (Agreements $10,000 or Over) 1. "Section 3" Comoliance -- Provision ofTraininq, Emoloyment and Business Oooortunities: a. The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.s.c. 170. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. b. The parties to this contract will comply with the prOVISions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. c. The Subgrantee will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. d. The Subgrantee will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the contractor is in violation of regulations issued by the Secretary of Housing and Urban Development 24 CFR Part 135. The Subgrantee will not subcontract with any contractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Page 16 of 21 Pages part 135 and will not let any subcontract unless the contractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. e. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued hereunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successor and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its Subgrantees and contractors, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. 2. Equal Emolovment Oooortunitv: Contracts subiect to Executive Order 11246. as amended: Such contracts shall be subject to HUD Equal Employment Opportunity regulations at 24 CFR Part 130 applicable to HUD-assisted construction contracts. The Subgrantee shall cause or require to be inserted in full in any non-exempt contract and subcontract for construction work, or modification thereof as defined in said regulations, which is paid for in whole or in part with assistance provided under this Agreement, the following equal opportunity clause: "During the performance of this contract, the Subgrantee agrees as follows: a. The Subgrantee will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Subgrantee will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising: layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The Subgrantee agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. b. The Subgrantee will, in all solicitations or advertisements for employees placed by or on behalf of the Subgrantee, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. c. The Subgrantee will send to each labor union or representative of Page 17 of 21 Pages workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' representatives of the Subgrantee's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. The Subgrantee will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. e. The Subgrantee will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. f. n the event of the Subgrantee's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations or orders, this contract may be canceled, terminated or suspended in whole or in part, and the Subgrantee may be declared ineligible for further Government contracts or Federally-assisted construction contract procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. g. The Subgrantee will include the portion of the sentence immediately preceding paragraph (A) and the provisions of paragraphs (A) through (G) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each contractor or vendor. The Subgrantee will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a Subgrantee becomes involved in or is threatened with litigation with a contractor or vendor as a result of such direction by the Department, the Subgrantee may request the United States to enter into such litigation to protect the interest of the United States." The Subgrantee further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in Federally-assisted construction work; provided, that if the Subgrantee so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or Page 18 of 21 Pages subdivision of such government which does not participate in work on or under the contract. The Subgrantee agrees that it will assist and cooperate actively with the Department and the Secretary of Labor in obtaining the compliance of Subgrantees and contractors with the equal opportunity clause and the rules, regulations and relevant orders of the Secretary of Labor; that it will furnish the Department and the Secretary of Labor such compliance; and that it will otherwise assist the Department in the discharge of its primary responsibility for securing compliance. The Subgrantee further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a Subgrantee debarred from, or who has not demonstrated eligibility for Government contracts and Federally-assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon Subgrantees and contractors by the Department or the Secretary of Labor pursuant to Part II, Subpart D, of the Executive Order. In addition, the Subgrantee agrees that if it fails or refuses to comply with these undertakings, the Department may take any or all of the following actions: cancel, terminate or suspend in whole or in part the grant or loan guarantee; refrain from extending any further assistance to the Subgrantee under the Program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from such Subgrantee; and refer the cause to the Department of Justice for appropriate legal proceedings. 3. Nondiscrimination Under Title VI of the Civil Riahts Act of 1964: This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and HUD regulations with respect thereto, including the regulations under 24 CFR Part 1. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Subgrantee shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis or race, color, religion, sex or national origin, in the sale, lease or rental, or in the use of occupancy of such land or any improvements erected or to be erected thereon, and providing that the Subgrantee and the United States are beneficiaries of and entitled to enforce such covenant. The Subgrantee, in undertaking its obligation in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. 4. Section 504 and Americans with Disabilities Act: The Subgrantee agrees to comply with any federal regulation issued pursuant to compliance with the Section 504 of the Rehabilitation Act of 1973, as amended, and the Americans with Disabilities Act, which prohibit discrimination against the disabled in any federal assisted program. Page 19 of 21 Pages 5. Obliqations of Subqrantee with Respect to Certain Third-party Relationships: The Subgrantee shall remain fully obligated under the provisions of the Agreement, notwithstanding its designation of any third party or parties for the undertaking of all or any part of the program with respect to which assistance is being provided under this Agreement to the Subgrantee. Any Subgrantee which is not the Applicant shall comply with all lawful requirements of the Applicant necessary to insure that the program, with respect to which assistance is being provided under this Agreement to the Subgrantee is carried out in accordance with the Applicant's Assurances and certifications, including those with respect to the assumption of environmental responsibilities of the Applicant under Section 1 04(h) of the Housing and Community Development Act of 1974. 6. Interest of Certain Federal Officials: No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise from the same. 7. Prohibition Aqainst Payments of Bonus or Commission: The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining HUD approval of the application for such assistance, or HUD approval or applications for additional assistance, or any other approval or concurrence of HUD required under this Agreement, Title I of the Housing and Community Development Act of 1974, or HUD regulations with respect thereto; provided, however, that reasonable fees or bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs. 8. "Section 109": This Agreement is subject to the requirements of Section 1 09 of the Housing and Community Development Act of 1974, 42 U.S.c. 3535(d). No person in the United States shall on the ground of race, color, religion, sex or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds available under this title. 9. Access to Records and Site of Employment: This agreement is subject to the requirements of Executive Order 11246, Executive Order 1375, Civil Rights Act of 1964, as amended. Access shall be permitted during normal business hours to the premises for the purpose of conducting on-site compliance reviews and inspecting and copying such books, records, accounts, and other material as may be relevant tot he matter under investigation and pertinent to compliance with the Order, and the rules and regulations promulgated pursuant thereto by the Subgrantee. Information obtained in this manner shall be used only in connection with the administration of the Order, the administration of the Civil Rights At of Page 20 of 21 Pages 1964 (as amended) and in furtherance of the purpose of the Order and that Act. 10. Leqal Remedies for Contract Violation: If the Subgrantee materially fails to comply with any term of this Agreement, whether stated in a Federal statute or regulation, an assurance, in a State plan or application, a notice of award, or elsewhere, the City may take one or more of the following action, as appropriate in the circumstances: a. Temporarily withhold cash payments pending correction of the deficiency by the Subgrantee, b. Disallow all or pan of the cost of the activity or action not in compliance, c. Wholly or partly suspend or terminate the current Agreement, or d. Take other remedies that may be legally available. Page 21 of 21 Pages it ., ~w..' .""".. :- . 'n CITY OF ROANOKE OFFICE OF THE CITY CLERK 115 Church Avenue. S. \V.. Room 45~ Roanoke. Virginia 24011-1536 T¡~ll'phonc: (540) gS3·2541 F3.'\: \5..:0) l;5:~-1145 E-mail: clclk@roJllokeva.go\' SHEILA N. IIARn1A'i Assi.slanl Cily Clerk STEPIIANIE \·1. MOON. CMC CilyCkrk February 22, 2007 File #60-516 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Budget Ordinance No. 37685-022007 appropriating funds from the Parking Fund Retained Earnings for necessary repairs and expansion analysis at the Market Garage, and amending and reordaining certain sections of the 2006-2007 Parking Fund Appropriations. The above referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 20, 2007, and is in full force and effect upon its passage. Sincerely, ~M. hlo~ Stephanie M. Moon, CMC \ City Clerk SMM:ew Attachment pc: Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Office of Management and Budget R. Brian Townsend, Acting Assistant City Manager for Community Development ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of February. 2007. No. 37685-022007. AN ORDINANCE to appropriate funding from the Parking. Fund Retained Earnings for necessary repairs and expansion analysis at the Market Garage, amending and reordaining certain sections of the 2006-2007 Parking 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 2006-2007 Parking Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from General Revenue 07 -540-8258-9003 $ 1,435,000 Fund Balance Retained Earnings - Available . 07-3348 (1,435,000) Pursuant to the provisions of Section .12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: . 'r"n, hJ C>Ò')V City Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER :-JoL>1 C. Toylor Municipal Iluilding 215 Church A\'t:~nue, S.\V.. R~lllll1 364- Roanoke, Virginia 241111-15Yl TI·h'I'IHlr\t·: (.':;·Hl) S~3-23.~ ~ F~.\· 6-l11J 1'i5J-IlJl" l_ït\" \\t.'b. \\'\\ \\ .ro;lI1t'k~'\·,1.~~I'\ February 20, 2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wish neff, Council Member Dear Mayor Harris and Members of City Council: Subject: Funding for Market Garage Repairs Background: On July 17, 2006, Council appropriated $500,000 from the Parking Fund Retained Earnings for emergency engineering analysis and repairs needed at the City owned Market Garage. This funding has been applied to all of these emergency procurements and the City has received a detailed engineering analysis of the structure. Considerations: On November 6, 2006 City Council was briefed as to the condition of the structure including the need for two additional items for timely repairs. These repairs include work to seal the pockets in the post tensioning system to prevent further water intrusion and corrosion of the tendon system, and, the replacement of the barrier cable system around the interior perimeter of the garage. The briefing also outlined alternatives for the replacement of the façade and the potential expansion of the structure in keeping with recommendations contained in the recently completed City Market Plan. In order to fund the required tendon/ barrier cable repairs and to contract with a design firm to begin this design work, funding in the amount of $1,435,000 is needed. Funding is available in the Parking Fund retained earnings. The estimated cost of repairs to the post tension and barrier Honorable Mayor and Members of City Council February 20, 2007 Page 2 systems as well as the design costs for the façade replacement and potential garage expansion are detailed in Attachment A to this letter. Recommended Action: Adopt the accompanying budget ordinance to appropriate/transfer funding in the amount of $1,435,000 from the Parking Fund retained earnings to the Parking Fund Capital Account, Market Garage Repairs, 07-540-8258-9003 to fund these projects. Respectfully submitted, Darlene L. Bur City Manager Attachment DLB:djm c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance R. Brian Townsend, Acting Asst. City Manager for Community Dev. CM07-00017 Attachment A CM07 -00017 February 20, 2007 NATURE OF THE REQUIRED WORK ESTIMATED COST(S) MARKET GARAGE REHABILlT A TION/FAÇADE REPLACEMENT AND EXPANSION Post tension repairs $ 366,000 Barrier cable repairs and guard rail 360,000 system enhancement Testing Fees 20,000 AlE Fees and construction administration 60,000 Continqency 80,000 Design of potential design replacements and facility expansion 549,000 TOTAL PROJECT COSTS $1,435,000 \ CITY OF ROANOKE OFFICE OF THE CITY CLERK .2 J.5 Church A venue. S. \V.. Room 456 Rn3l1clke. Virginia 24011-15Jn T~kphnlle: 15-l0'\ !:>S;\·254\ Fax: 15·m) ~5J-ll...5 E-mail: ~·krk@"(lanokc\il.gO\' SIIEllA N. IIART\I.-\'I .-\~sistaIlt Cily C1¡'rk <Ø~ .I.¡.";~\~ r. . ';'¡:'~' .~~.., . .. . . . U STEPHA:'-:IE M. i\100~. C\fC City Ckrk February 22, 2007 File #51 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No.3 7686-022007 authorizing the filing of an application to rezone property which is owned by the City of Roanoke and designated as Official Tax Nos. 6460102, 6460103, 6472207, 6472208 and 6472209, and all public rights-of-way adjacent to such lots, to INPUD, Institutional Planned Unit Development District, subject to a particular plan of development, to permit redevelopment of the William Fleming High School campus located at 3601 Ferncliff Avenue, N. W. The above referenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Tuesday, February 20, 2007. Sincerely, ~m. hJO~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment Darlene L. Burcham February 22, 2007 Page 2 pc: Shree Vinayak, LLC, 3315 Ordway Drive, N. W., Roanoke, Virginia 24017 Johnson & Johnson Vision Products, Inc., 7500 Centurion Parkway - D FNAC, Jacksonville, Florida 32256 Winn Limited Partnership, 26255 Glenwood Avenue, Suite 200, Raleigh, North Carolina 27608 Ferncliff South, Housing Management, 601 S. Belvidere Street, Richmond, Virginia 23219 Freeway Partners, LLC, P. O. Box 6120, Lynchburg, Virginia 24505 Doris Scott, et ai, Trustees, 1146 Freeport Road, Pittsburgh, Pennsylvania 15238 . . Horace Fralin, et als Partners, P. O. Box 20069, Roanoke, Virginia 24018- 0503 VC Roanoke, LLC, 11 South 12'" Street, Richmond, Virginia 23219 SRC Virginia, Inc., 2206 Montauk Road, N. W., Roanoke, Virginia 24017 Kansas Blair King, 2062 Routt Road, N. W., Roanoke, Virginia 24017 Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget R. Brian Townsend, Acting Assistant City Manager for Community Development Susan S. Lower, Director, Real Estate Valuation Martha P. Franklin, Secretary, City Planning Commission William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Philip C. Schirmer, City Engineer ;: q/\Jì\ ~?\ 10: THE COUNCIL OF THE CITY Of ROANOKE, VIRGI:;"¡IA. The 20th day of February, 2007. No. 37686-022007. A RESOLUTIO\1 authorizing the filing of an application to re7(lJIe property which is owned by the City of Roanoke and which is dcsignated as Official Tax \1os. 6460101, 6460103, 6471107,6472108 and 6472209, and all public rights-of-way adjacent to such lots. WI-I.EREAS, the City of Roanoke owns certain property designated as Official Tax "1\os. 6460102 and 6460103, located on Ferneliff Avenue, ':\.W., and Ordway Drive, \i.W., and zoned INPUD, Institutional Planned Unit Development District; WHEREAS, the City of Roanokc also owns certain property designed as Official Tax 0:os. 6472207,6472108 and 6472209, locatcd on Highland Farm Road, )J.W., and zoned ROS, Recreation and Open Space District; WHEREAS, the City of Roanoke desircs to rezone Official Tax I\os. 6460102, 6460 I 03.6472107,6472208 and 6472209, and certain public rights-oI~way adjacent to such lots, to II\PUD, Jnstitutional Planned Unit Dcvelopment District, subjcct to a particular plan of development, to permit redevelopment of thc William Fleming High School campus, located at 3601 Femcliff Avenue, N.W.; and WHEREAS, it is thc desirc of City Council to consider the rezoning of such property from INPUD, Institutional Planned Unit Development District, and ROS, Recreation and Opcn Space District, to INPUD, Institutional Planncd Unit Development DistTiet, subject to a particular plan of development; R -^uthCi tyfi I C:¿¡jJ;J I i cation rezone-Wi II i amFI~m i nyO 2 2 00 ì TH EREFORE. BE IT RESOLVED by the Council of the City ofRoanoJœ as follows: 1. . That public necessity, convenience, general welfare and good 7.Oning practice require the Iìliug of a petition to rezone the subject property from ROS, Recreation and Open Space District, and Il\'PUD, Institutional Planned Unit Development District, to II\P1.:D, Institutional Planned Unit Development District, subject to a particular plan of development, for the purpose ofpennitting redevelopment of the William Pkming High School campus located at 3601 PcmcIiffAvenue, N.W., and 2. That the City Manager is authorized to file an application, similar in form and content to the application attached to the letter dated February 20, 2007, to this Council, to rezone the subject property from ROS, Recreation and Open Space District, and INPGD, Institutional Planned lJnit Development District, to INPUD, Institutional Planned unit Development District, subject to a ccrtain development plan, to pennit redevelopment ofthè William Fleming High School campus located at 3601 FemcIitTAvenue, N.W., or amended applications and other documents necessary to dIect consideration of this matter by City Council, all approvcd as to form by the City Attomey. ATTEST: tt¡Lm. ~ Stephanie :\-1. \1oon, CMC City Clerk. R -AuthCltyfi :eappl i cationrezone-Wi II iamFI em i ng02 2 00 7 CITY OF ROANOKE OFFICE OF THE CITY MANAGER 'J"d C. T."·I,,,. Municipal Building 2\::; Churl'll "Avellue, S.\V., R~lllll1 ?i~·1 J{P,lllll)Ü" Virginia 2..1:{11 1-1591 Tl'kplhlllt·: ·l-:;·~III :-;:-'3-:::.~\"': f.n:" I:-·Hil S::;3-IIY''¡ Ci:y \\'L'l': \\\\"\\".1"",1:1,1",'\',1 ¡..:.,,\" February 20, 2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Mayor Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wish neff, Council Member Dear Mayor Harris and Members of City Council: Subject: Rezoning of Official Tax Nos. 6472207, 6472208, & 6472209 from ROS, Recreation and Open Space District, to INPUD, Institutional Planned Unit Development District and adoption of an Institutional Development Plan for the above parcels and Official Tax Nos. 6460102 & 6460103, to permit redevelopment of the William Fleming High School campus, located at 3601 Fe rncl iff Avenue, NW. The City of Roanoke owns five parcels that comprise the William Fleming High School campus. Two parcels located on Ferncliff Road, N.W., and Ordway Drive, NW., identified by Tax Nos. 6460102 and 6460103, are zoned INPUD, Institutional Planned Unit Development District. Three small parcels located on Highland Farm Road, NW., identified as Official Tax Nos. 6472207, 6472208, & 6472209, are zoned ROS, Recreation and Open Space District. A zoning amendment is necessary to permit the proposed redevelopment of the high school campus. The proposed amendment would rezone three parcels from ROS to INPUD and adopt an INPUD development plan for all five parcels. Honorable Mayor and Members of City Council February 20. 2007 Page 2 Recommended Action: Authorize the City Manager to file an application, and any necessary amended applications, to rezone and adopt an INPUD development plan for the above- referenced properties, as reflected in the attached application. Respectfully submitted, Darlene L. Burc City Manager Attachment c: William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Stephanie M. Moon, City Clerk R. Brian Townsend, Agent, City Planning Commission CM07-00013 APPLICATION REZONING Date: January 25, 2007 To: Department of Planning Building and Economic Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.w. Roanoke, VA 24011 Phone: (540) 853-1730 Fax: (540) 853-1230 X OriginalApplication o AmendedApplication No All submittals must be typed and include all required documentation and a check for the filing fee. Application is hereby submitted for rezoning for the property located at: Property Address(es): 3601 Ferncliff Avenue, NW Official Tax No(s): 6460102, 6460103,6472207. 6472208, 6472209 Existing Zoning: INPUD and ROS Requested Zoning: INPUD Proposed land use: hiqh school and school sports stadium Name of ApplicanUContact Person: City of Roanoke/Darlene L. Burcham Mailing Address: 215 Church Avenue, S.W., Roanoke, VA 24011 Phone: (540 ) 853-2333 Fax: ( ) E-mail: darlene.burchamCâlroanokeva.Qov Applicant's signature: Property Owner's Name: Same as above Mailing Address: Telephone: ( Fax:· ( .) E-mail: Property Owner's signature: Applicant's Report The proposed zoning amendments will permit the redevelopment of William Fleming High School with a new building and associated accessory uses. The use and scale of the high school campus is such that it is only permitted in the INPUD district. The majority of the property, comprised of parcels 6460103 & 6460102, is zoned INPUD. This application is to have an INPUD development plan adopted for this portion of the property. Three smaller parcels to the north of the school, identified as parcels 6472207, 6472208, & 6472209 are zoned ROS and this applications proposes rezoning these parcels to INPUD, with the development plan also applicable to this portion of the site. All five parcels will be combined into a single parcel of approximately 61.3 acres. The site will contain a new 295,000 s.f. main high school building, a 3000- seat sports stadium, three new ball fields, two practice fields, and tennis courts. A 3,362 s.f. new employee health center building will be located along Ferndale Drive. The existing Lawson Hall (40,000 s.f.) will remain. The William Ruffner Middle School building will also remain. Two new parking areas are proposed to the north and south of the new high school building. The INPUD development plan meets the requirements of section 36.2- 327(e) of the Zoning Ordinance. Items (1) through (6) under this section are shown on the "William Fleming High School Proposed INPUD Development Plan," prepared by Caldwell White Associates, dated January 4, 2007, attached as Exhibit 2. Information about infrastructure (Item (7» is shown on page 2 of this exhibit. Information for Item (8) to demonstrate the compatibility of structures with the character and appearance of the surrounding neighborhood is provided below. The classroom wing (west) has a parapet height of approximately 33 feet. The gym and theater in the east wing will have a parapet height of approximately 40 feet. This height is comparable to adjacent properties such as Johnson & Johnson and Burlington Coat Outlet and lower than two of the nearby hotels. The stadium is estimated to be 33- 34 feet high. Final design of the stadium has not been determined, but will not exceed 40 feet. The stadium will have four light poles at 70- 75 feet each. The stadium lighting is subject to special exception review and approval by the Board of Zoning Appeals. The exterior of the school will be brick and metal panels. The nearby commercial, industrial and retail uses also use these materials. EXHIBIT 2 ~~ Z~ =1111 1,-- ~ J~n :r=¡, ,,'jl ii1.: 'I'" I,ll. 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I &F orlll~T rue&... 01/25/2007 EXHIBIT 4 Adjoining Property Owner Listing William Fleming High SchoollNPUD Request 3601 Ferncliff Avenue, NW Tax Nos. 6460102,6460103,6472207,6472208 '_!: a~ NumberlF'rQperty Add_re~_s 6460104 2727 Ferndale Drive, NW 16460101- , 2797 Frontage Road, NW '--~--I Öwner's Name/Mailing Address , Shree Vinayak LLC 3315 Ordway Drive, NW i Roanoke, VA 24017 n-pÕhnson 8. johnsöïï Vision Products · Inc. 7500 Centurion Parkway - D FNAC .. Jacks0r:lville, FL,}~256 : Winn Limited Partnership , 26265 Glenwood Avenue, Suite 200 , n____. ~aleigh, NC 27!398 · Ferncliff South 1601 S. Belvidere St Housing Management _ Richm0r:l_~, \j A 23220 , Freeway Partners, LLC POBox 6120 ,_ Lynchburgcy ~ 2459? Doris Scott, et ai, Trustees 1146 Freeport Road Pittsbllrg~, PA 152ª_ª--- Horace Fralin, et als Partners POBox 20069 Roanoke,_~~ 24918-0503 VC Roanoke LLC · 11 South 12th Street _.Ri.chmollc:l-,YA 232~~_ ______ City of Roanoke n-~1 i ! 16450121 Ordway Drive, NW '1 . 6440120 3666 Ferncliff Avenue, NW 1- n.. . , 6450101 3550 Ferncliff Avenue, NW -----j 6450104 2845 Hershberger Road, NW I 6446f16-- ! 3533 Ferncliff Avenue, NW L--- - · 6440101 , Ferncliff Avenue, NW I ·____________________n_. ; 6472302 12100 Countryside Drive, NW r .... . ..--..---- 16472101 I 2201 Montauk Road. NW I , 6401205n , ....----- --I --------_nl ··________1 SRC Virginia Inc. 2206 Montauk Road, NW Roanoke, VA 24017 ---._..~ Kansas Blair King 2062 Routt Road, NW J Roanok,EJ,YA 24917. 1____..,______ CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church A\'enue. S. \V.. Rnom45ó Roanoke. Virginia 24U 11-1 ~36 Tl'kphc1lh:: 15-1-0) S53-:!5-U Fax (5-1-0) K5:l-11...5 I~-nl.li]: <:lerk@·rll:JIIt'kc\a.g\l\' SIIEILA r-;. H.'RTM.':--¡ :\.~~maTlt City Clel k STEPII..\~IE M. r-,.·!OON. C\fC CilyClcrk February 22, 2007 File #51 Ellis Henry, Executive Director Roanoke Redevelopment and Housing Authority 2624 Salem Turnpike, N. W. Roanoke, Virginia 24017 Dear Mr. Henry: I am enclosing copy of Ordinance No. 37687-022007 rezoning a tract of land located at 164 J Salem Avenue, S. W., from RM-2, Residential Mixed Density District, to MXPUD, Mixed Use Planned Unit Development District, as requested in the First Amended Petition to Rezone filed by the Roanoke Redevelopment and Housing Authority in the Office of the City Clerk on January 4, 2007. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Tuesday, February 20, 2007, and is·in full force and effect upon it passage. Sincerely, ~~'~OOYv Stephanie M. Moon, CMC City Clerk SMM:ew Enclosure Ellis Henry February 22,2007 Page 2 pc: Norfolk & Western Railway Company, c/o Bill Title, 110 Franklin Road, S. E., Roanoke, Virginia 24011 Canaan Land Company, 1960 Evelyn Byrd Avenue, Harrisonburg, Virginia 22801 Ms. Annette Halperin, 1750 Allegro Drive, Richmond, Virginia 23231 Ms. Lillie Gray Williams, 1815 Salem Avenue, S. W., Roanoke, Virginia 24016 Ms. Patricia Huling, 34 Queen Street, Mount Clemons, Michigan 48043 Mr. Glen Powers, 4432 Grandin Road, S. W., Roanoke, Virginia 24018 Mr. Anthony J. Ross and Ms. Camille M. Hutchinson, 121 18'" Street, S. W., Roanoke, Virginia 24016 Mr. and Mrs. Norman Mason, 1802 Salem Avenue, S. W., Roanoke, Virginia 24016 Mr. Bernard Edgar Jefferies, Ms. Yvonne Leflore Jefferies, and Mr. Bernard Edgar Jefferies, Jr., 1302 Rorer Avenue, S. W., Roanoke, Virginia 24016 Mr. and Mrs. Luster Fields, 600 Warwick Avenue, Apt. L 1, Norfolk, Virginia 23503 Mr. and Mrs. Luster Fields. 500 Logan Place, Apt. 15, Newport News, Virginia 23601 Ms. Wanda Delarosa and Mr. William T. Bratton, 3517 Cove Road, N. W., Roanoke, Virginia 24017 Mr. Gary L. Friel, P. O. Box 602, Daleville, Virginia 24083 Mr. and Mrs. Raymond Steptoe, 212 17'" Street, S. W., Roanoke, Virginia 24016 . Mr. and Mrs. James Jones, 2724 Meadowview Drive, N. W., Roanoke, Virginia 24017 Mr. Audine Lopez, 1622 Salem Avenue, S. W., Roanoke, Virginia 24016 Mr. and Mrs. Jerome Jones, 724 Riverland Road, S. E., Roanoke, Virginia 24014 Mr. Maurice English, 1610 Salem Avenue, S. W., Roanoke, Virginia 24016 Ms. Marquetta D. Smith, 1606 Salem Avenue, S. W., Roanoke, Virginia 24016 Roanoke City Public Schools, 40 Douglass Avenue, N. W., Roanoke, Virginia 24012 Mr. Jimmy Cook, President, Hurt Park Neighborhood Alliance, 2101 Andrews Road, N. W., Roanoke, Virginia 24017-3305 Ms. Norma Smith, 11 14'" Street, S. W., Roanoke, Virginia 24016 Ms. Christine Williams, 1907 Salem Avenue, S. W., Roanoke, Virginia 24016 Ms. Cheryl Ramsey, Roanoke Neighborhood Advocates Representative, 1 314D Moorman Road, N. W., Roanoke, Virginia 24017 Ellis Henry February 22,2007 Page 3 Susan S. Lower, Director, Real Estate Valuation Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney q,{ ~t«' IT\' THE COL::-.iCIL OF THE CITY OF ROA~O!Œ, VIRGI1\IA TIle 20th day of February, 2007. No. 37687-022007. AN ORDINANCE to amend §36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005. as amended, to rezone certain property within the City; and dispensing with the sceond rcading of this ordinance by title. WHEREAS, Roanokc Redevelopment and Housing Authority (RRHA), has made application to the Council of the City of Roanoke, Virginia ("'City Couneil"\ to have the hereinalter described property rezoned from R.1\1-2, Residential :'\lixed Dcnsity District, to \lXPUD, Mixed Use Planned Unit Devclopll1C'llt District; WHEREAS, tbe City Planning Commission, atkr giving proper notice to all eoncellled 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 Febmary 20,2007, aftcr due and timely notice thereof as required by §36.2- 540, Code of the City of Roanoke (1979), as amcnded, at which hearing all parties in intere.st ami citizens were given an opportunity to be heard, both for and against the proposed rczoning; and WHEREAS, City Council, after considering the aforesaid application, the recommcndation made to City Council by the Planning Commission, thc City's Comprehensivc Plan. and the mattcrs presented at the public hearing, finds that the public necessity, convenience, general wcltàre, and good zoning practice require the rezoning or the subject propel1y. and for those reasons, is of the opinion that the bereilla{ler described property should be rezoned as here.in providcd. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. §36.2-100, Code of the City of Roanoke (l9ì9). as amended, and the 01licial Zoning Map, City of Roanoke. Virginia, dated December 5, 2005. as amended, be amended to reflect that 1641 Salem Avenue, S.W., bearing Otììeial Tax 1\0. 1210634, be. and is hereby rezoned from R.c\1-2, Residential Mixed Density District, to \1XPLD, :llixed Cse Planned Unit De\'elopment District, as requested in the First Amended Petition to Rezone filed by the Roanoke Redevelopment and lIousing Authority in the Office of the City Clerk on January 4,2007. 2. Pursuant to the provisions of §12 of the City Charter. the second reading of this ordinance by title is hereby dispensed with. ATTEST: s,eph~;,}:~L ~ City Clerk. CITY OF ROA"IOKE PLA:'II"II"IG BlIILDI"IG & ECONO:VUC J)E\'ELOP\IE:\'T 21; Church .-\\'elllle. S.\\'.. Room 166 r.{o<lnuk~. \ïrginin 2-'01 I Telelhone: (;~Ol H;3-1730 Fax: (;~O) H;3-1230 [-mail: Jllannin~~/tl.roan(Jkt·.·il.go\" \r~hill"'lllraJ Ih·\"j.·\\ n"õlnl n...lnl nf/.llnin!.: \11Ill'al~ PI.lllnint: ( "l1Ill1i,~inll February 20, 2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Request from the City of Roanoke Redevelopment and Housing Authority to rezone a tract of land lying near the intersections of Salem Avenue, S.W., Westview Avenue, S.W., Westport Avenue, S.W.,1yth Street. S.W., and 18111 Street, S.W., bearing the street address of 1641 Salem Avenue, S.W., and identified as Official Tax No. 1210634, from RM-2, Residential Mixed Density District, to MXPUD, Mixed Use Planned Unit Development District, in order to create affordable housing opportunities and a community center for the Hurt Park community and beyond. Planning Commission Action Planning Commission public hearing was held on Thursday, December 21,2006. Bya vote of 6-0 (Mr. Butler abstaining), the Commission recommended approval of the request as amended. Background The petitioner, Roanoke Redevelopment and Housing Authority (RRHA), owns a 7.3 acre site (Official Tax No. 1210634) located in the Hurt Park Neighborhood at 1641 Salem Avenue, S.w., which is zoned RM-2, Residential Mixed Density District, with a ND Overlay, Neighborhood Design Overlay District. The petitioner wishes to rezone the property to MXPUD, Mixed Use Planned Unit Development District, to permit the demolition and reconstruction of public/y- assisted housing units and community center. The ND District would remain in place. The property spans three blocks and currently contains thirteen multi-family buildings with a total of 105 units built in 1967. RRHA is proposing to demolish all existing structures, relocate Westview Avenue, S.W. for better 1 demolish all existing structures, relocate Westview Avenue, S.W. for better interconnectivity, and rebuild in a traditional neighborhood design with front porches, shallow setbacks, common open space, alley access, on-street parking and sidewalks. The development would include a maximum of 70 dwelling units in the form of multi-family dwellings, townhouses, and single-family dwellings. The Petition to Rezone was filed on November 3, 2006. A First Amended Petition was filed January 4, 2007, to address specific staff and Commission comment to illustrate a sidewalk connection to the adjacent school property and to include additional development notes related to the provision of curb extensions at street and alley intersections on the MXPUD development plan. Considerations SurrQundinq Zoning Districts and Land Uses Immediately surrounding zoning and land use is as follows: · RM-l & RM-2, Residential Mixed Density Districts, lie to the west and south of the subject property and contain a mix of residential dwellings. · 1-2, Heavy Industrial District, lies to the north of the subject property and contains Norfolk Southern's rail yard. · INPUD, Institutional Planned Unit Development, lies to the east of the subject property and contains Hurt Park Elementary School and a public parle Compliance.with the ZoninqOrdinance The petitioner could develop this parcel with a mix of dwelling units under its current RM-2 zoning designation: however, the MXPUD District provides a level of flexibility in design that the RM-2 District cannot. The MXPUD District encourages innovative development patterns with which the proposed redevelopment of Hurt Park fulfills. The development will efficiently use land and infrastructure, its pattern will be in harmony with the surrounding neighborhood; access and traffic circulation will be improved; and it will seamlessly merge a combination of different residential dwelling types. As a planned unit development, the property must be developed in accordance the Development Plan prepared by Gay and Neel, Inc, dated November 1, 2006 and revised January 2, 2007, and attached to the petition as Exhibit B, subject to any changes required by the City during the Comprehensive Site Plan review. Traffic Enqineerinq Comments 2 The City's Transportation Manager has suggested that a sidewalk be constructed to connect the rear of the neighborhood with adjacent school property and that curb extensions be provided within the neighborhood to minimize pedestrian crossing lengths and create parking bays. Staff has notified the petitioner of these suggestions. C0tllpatibility yvith the Ci!y's ComRrehensi\(e and Neiqhborhood Plans. Both Vision 2001-2020 and the Hurt Park/Mountain View/West End Neighborhood Plan encourage quality housing in a design that complements the City's existing fabric. The current housing development is inward facing with enclosed courtyards and insensitive design, effectively disconnecting it visually and socially from the surrounding neighborhood. The proposed development will address these issues by providing a design that blends well with the area while still providing a variety of housing options. Additionally, the provisions of the ND Overlay District will still apply to any new residential construction that occurs, ensuring the development's compatibility with the surrounding neighborhood. The following policies from the Vision 2001-2020 Comprehensive Plan and the Hurt Park/Mountain View/West End Neighborhood Plan are relevant in the consideration of the current petition. . Vision 2001-2020: o NH P5: Housing choice. The City will have a balanced, sustainable range of housing choices in all price ranges and design options that encourage social and economic diversity throughout the City. o NH P6: Housing clusters. Development of housing clusters will be used to encourage and promote neighborhood revitalization, replace derelict or neglected structures, and complement the surrounding neighborhood. o NH P8: Publicly-assisted housing. Publicly-assisted housing efforts and shelters will be of the highest quality that enhances. neighborhoods. . Hurt Park/Mountain View/West End Neighborhood Plan: o Community Design: · Building Scale. Buildings should have at least two stories to encourage compatibility with the traditional neighborhood development. · Building Location. To encourage a pedestrian environment and streetscape, buildings should be placed close to the street, immediately adjacent to the sidewalk. · Parking. Parking is recognized as a necessity but should not be allowed to dominate any development. Parking should be located primarily on-street. Where additional parking is 3 warranted, it should be located to the rear or side of the building. o Residential Development: · Design of infill housing. New housing should be compatible with the existing structures in design and scale. · Diversity of housing options. A balance of single-family and multi-family housing. o Infrastructure: · Connectivity. The connectivity of streets and the grid street system should be promoted and maintained. · Street width. Streets should be kept to a minimum width necessary to accommodate vehicular traffic and on-street parking. Many design principles specified in the Vision 2001-2020 Comprehensive Plan are relevant in the consideration of the current petition. The development plan includes the following design principles: · The development plan follows the downtown neighborhood design principles of small lots, two story houses with porches, consistent setbacks and interconnected grid of narrow, tree lined streets and alleys. · The buildings will be of similar scale, massing and architecture to the surrounding neighborhood. · The rights-of-way will be of a pedestrian scale with narrow pavement width, on-street parking, street trees and sidewalks. · Parking will be located on the street, off alleys or to the side of buildings. The neighborhood plan identified future land use of the subject property as mixed density residential. Plann.i.nq Commission_ Discussion The petition to rezone was discussed, primarily in regards to the development's relationship to the surrounding neighborhood, right-of-way ownership, landscaping, lighting, sidewalk connections and curb extensions as follows: · The Planning Commission asked if the setbacks along Salem Avenue would be consistent and if there would be a door facing Salem, even though the units would be entered from the rear. The petitioner's representative responded that setbacks would be consistent and that there would be a door facing Salem Avenue. · The Planning Commission asked how the proposed redevelopment would relate to the broader neighborhood. The petitioner's representative responded that there were opportunities in the neighborhood for the RRHA to address that on vacant lots. · The Planning Commission asked where utilities would be located. The petitioner's representative stated that they would be underground. Staff 4 stated that being a PUD, the development would be required to place utilities underground. · The Planning Commission asked who would have ownership of the streets and alleys. Staff responded that the streets would be public while the alleys would be private with a public access easement. · Planning Commission asked why the plan did not specify what type of landscaping would be used. Staff responded that the Zoning Ordinance dictated the type, size at panning and the canopy of required landscaping during the development review process. · The Planning Commission asked about the proposed lighting for the site and urged the Petitioner not to use taillight fixture that would make the development look institutional. The petitioner's representative stated that the lighting would be of a residential scale. · The Planning Commission stated that they would like to see the City Transportation Manager's comments on a sidewalk connection to the Hurt Park Elementary School and curb extensions at street intersections included on the development plan. The petitioner's representative said that the items would be included in an amended petition. The president of the Hurt Park Neighborhood Alliance asked (1) what will go on the open space; (2) will each corner of the street be handicap accessible; (3) will there be some facility for youth and seniors; and (4) will the apartments be for seniors only? The petitioner's representative responded that (1) the open space would be a grassed area only for unprogrammed play; (2) handicap accessibility would be provided; (3) a community center was being provided, but there were no programs specifically for seniors or youth; and (4) the apartments would not be specifically for seniors, but would be independent living units. Recommendation By a vote of 6-0, the Planning Commission recommends approval of the request to rezone the subject property to MXPUD, Mixed Use Planned Unit Development District. If the property is rezoned, RRHA can redevelop a large parcel from an obsolete housing community to a neighborhood that will better serve its residents and the surrounding area. Respectfully submitted, ~a:.co 0 . ~ Richard A. Rife, Chairman Roanoke City Planning Commission cc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney 5 Roanoke Redevelopment and Housing Authority, Petitioner Gay and Neellnc., Representative for the Petitioner 6 -k.... .. . ent ~, " . Redevelopm - --- -----~ Public HousmQ .. _ _ _ -~ Hurt Park __~~ N -~~~~~A ~~~~~~ - ~s ~~~~~~~____~~~ ~~~~~,._~~:~..~~~~~:::::-.:-~~?:--.:~-:.. -::--:-.--=: .~~~~:~~;::::::,~-------~--.:::.~~~~~~~"--'~_.-.;::~~---.~~~----,---- ..>::::::-.... ,.~.~~~~~~~~~ ~~~~~~~~- -~~~~~~~ -~~~~~~ ~~~0:3~~~~ ~~~~~ ~~~~~~~ ----------- ------'--', ---~"----.: ~~ ~ ~~~~~ ~~~~-:.~.,~~~~";::::::s?:::.---., ~''-----~~--'~-''''''''--'~ - --.,.-----<-.: -...~~:::::::--.~. --'- ,-, '" ~ ~~-- "'-~-:S;:::;-""-i_. ....-_ --~-:-=:;--::::- . ~I-.,;.---t-:-- M - INPUD ~ '" ~ '" <;, o - ;y - ;:; CD ". r:: - CD ~ - rc - - <D - ~ '" - - - ~ - ~ ;:, - '" - - ~ '10f?€'1 ~;, M 72';>0 .". '" '" lI) 7 B t:J '" t:J ;..'! - <\' - - ~ '" '" co ~3' ~ '" "- , - ~ c & '" r" - >- CD - '" ~ - >- - ;y - "-, .- - ;y '" - ..... ,... r'\¡ t't) "'" I\... - ..... """ ..... I\... "- ..... ..... ...... ,... 0..! rv _ _ ,... ,... ~ ~ rc - "- - - ~ - ~ :t ~ '" 5 ,. First Amended Petition to Rezone IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA INRE: First Amended Petition to Rezone a tract of land lying near the intersections of Salem Avenue, Westview Avenue, Westport Avenue, 171h Street, and 181h Street with the physical address of 1641 Salem Avenue SW and Tax Parcel Number 1210634, from RM-2, Residential Mixed Density Districts to MXPUD, Mixed Use Planned Unit Development District. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, City of Roanoke Redevelopment and Housing Authority, owns land in the City of Roanoke containing approximately 7.3 acres, more or less, located at 1641 Salem Avenue SW, Tax Parcel 1210634. Said tract is currently zoned RM-2, Residential Mixed Density District. A map of the property to be rezoned is attached as "Hurt Park Development Plan Existing Conditions Exhibit B-1". Pursuant to Section 36.2-540, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from RM-2, Residential Mixed Density District to MXPUD, Mixed Use Planned Unit Development District for the purpose of creating affordable housing opportunities and community center for the Hurt Park community and beyond, subject to the conditions contained in the map of proposed use titled "Hurt Park Development Plan Exhibit B" prepared by Gay and Neel, Inc. and revised 2 January, 2007. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it meets the Vision 2001-2020 Plan in the following ways. The community will offer a balance of housing types, sizes, and prices to meet the needs of current and future residents at all stages of their lives. This community will function as a village, with downtown serving as the City's premier urban village. The community is adjacent to a neighborhood park and will include a community center, which can be used by the residents. The streets and streetscapes will encourage pedestrian activity by providing sidewalks and a "front porch" community while encouraging a compact urban design form. Also attached in the "Adjacent Property Owners; Exhibit C" are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to and immediately across a street or road from the property to be rezoned, "Exhibit 1 Hurt Park Right of Way Vacation Plat", which identifies the rights-of-way to be vacated (by separate request) to allow the proposed development, "Exhibit Plat 2; Survey for Hurt Park", which identifies the lot configuration identified in the proposed development, "Exhibit D", which depicts the likely floor plan and exterior elevations of the units to be constructed in the proposed development, and "Vicinity Map, Exhibit E". WHEREFORE, the Petitioner respectfully requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. , First Amended Petition to Rezone Tax Parcel Number 1210634 From RM-2 to MXPUD Roanoke Redevelopment and Housing Authority Page 2 Respectfully submitted, By: ecutive Director Roanoke äevelopment and Housing uthority 2624 Salem Turnpike, NW Roanoke, VA 24017 540-983-9281 Name of Representative Gay and Neel, Inc. Attn. Michael G. Gay. P.E. 328 Mountain Avenue, SW Roanoke, VA 24016 540-345-1110 540-345-5560 (fax) ) wc::,.,Il~"r:lJO~1J6GOiJ! :!;::>w3 ~) 'lllJ:Oll~ ( S) ··..3 Q:'I-!;tf(Oh C~<;!õ-çtr O· . U1B,UA 'OI'I0U1I03' 9TOtê: 8!.. ..... .. anUaAV 1J1lllUnOV\ 9Zc. Al.S !lNIJ.JM,lS ~ :lNINJf'r.dUIô"'~ :ltüll~3tl1~."'3'R.J.'J:l""~ 'J"! 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"- ~ WY i.£:TE:n 9OOVt/ot ~TSØW' ÞO'tt9O\Co) llId:¡J1l. þo'U9O\PUlUtQ WJal 'nMI Jl90\900Z\MWO\:C , JO , 133HS O·86"S'1 ·OH 9Of" 90/ÇO/Ol :3LVQ u..oc,s so ::nv:)S nSH :,..V~ :03)()3f-O :xl" ~ISJQ :Q3S&/\.]H Cl!u~6.1!1\ '~"OUDO~ JO .f1!:J 31,'l."P':iI dr1W ~"rup'Æ --... -...-....- ._---~~ ~"~a.(oðOO'" :I!OtuJ 09Ç'Ç-;Þ{' (0"') :1<0.1 01' I-;..r (0..;) :-0I,d 9'0"2 .,uJ.J.J,^ "a'louIJOH ·...S anua4.'( UJ81unoPl 92C ~NLUAlms ~ . ~NlNH¥'1daNY1 ~Nrlf.i.iNI:)N3"'DAlJ~ ';)NI "I33N aNY A.V~ ., lit! II TlI "_._ UT1ld 7u~wdopA;}a 'f.Ir1¿ µrIH ----, ..-- SiN d'v'l^J Á1IN/:::>/^ --:.--r..... ..d.A I -- or. <:: J-:... r- , ::r.~ tgç -1 ~ <P,!D .... I f i \ , \ \ - ~,' ~~ ~ r---...". ~ --- - I --- ~ . -J. III;: I - -T:J;f1J.1 '""" -::,-.. I -- - ---- ¡"-;¡' , L ¡'""'"ì - -'-. OS. .ì- .' M'F? .. ~. J ,..". ----Ji..... 1/,., ' f~/ . ,- " I .1 .J - "' ~ / I Y' ~.~ - /- -t. -'---L . .~.. """~ h--"'I-~ I r ...." / - I~VIr- \~!I } /v. ( : -+--,' -t- >i-LQ /" ~ " : ~ -.l I-"'" -s M'f'_105 ~.~ / vtsA/ ,-,..... \. ) /( ) --.... y h .~ \ 1(;7 1 \t ~d l\2 .: "0/\\" ~f'IO'S'IJOI.oON 'I-- -t. f--..J!-~ K.~ -Lì :-rtJ2-........J. ........... ~71r ,e ~ ~ "f!þ¡ --i::R I r- i§~ ~r j I - - .1 :"- "'+- """ NOIIV':::>Ol 3115 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + - - - - - - - - - - - - - .. - - - - - - - - - - MARY F. PARKER CITY OF ROANOKE CLERK'S OFFICE 215 CHURCH AVE SW RM 456 NOEL C. TAYLOR MUNICIPAL BLDG. ROANOKE VA 24011 REFERENCE: 32143302 10087630 NOTICE OF PUBLIC HEA State of Virginia City of Roanoke I.. .(tþe ~ndersigned) an authorized representative 'of the Times-Wor'ld Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Vi~~ia. Sworn and subscribed before me this _J~_day of February 2007. Witness my hand adJ official sen Ui11f~~~1~f=~:5U:Æ1a~~~ /. '. ~UBLISHEn ON: 02/02 02/09 1'\ .' ..', TOTAL COST: FILED ON: 586.00 02/15/07 NonCE OF PUBLIC HEARING The Council of the City of 'Roílnoke WIll hold íl public: hearing on TUl!sday,' . February 20, 2007. at 7:00 ·p.m.. or as soon thereafter as the matterma~ be heard. In the CouncIl Ch<lmber, ,fourth Iloor. In the Noel C. Taylor Municipal Building. 215 Church Avenue, S.W.. ¡Roanoke, Virginia, to consider the following: : 1.Request from the Cit~ of Roanoke Redevelopment and Housing Authority to rezone a tract of rand lying 'nellrtheintersectlonsof Salem Avenue. S.W" Wes.tview Avenue. S.W., Westport Avenue, S.w., 17lh Slreet. S.W" and lBth Strel!t, S.W.. betHing thíll 'slreel <Iddres.s· of 1641 Salem Avenue, S.W., and identified as Official T,I\ No 1210634. from RM-2, ResidentIal Mi)ed Density Dislrict. to MXPliD. Mixed Use P I ann e dUn i I Development Dislrict. in order 10 cre<lle affordable housing opportunities <Ind a communilvconter orlhe Hurt Park "community and bevond. 2 Request from the City 01 Roanoke Redevelopment' and flousin!: Authoritv to permanen-tly vaC,úe, discontinue and Glose the following; (1) a portion of 17th Slreet. S.W., beginning appro~lmatel~ 190 feet north of its inlers.ectionWilh' the northern nght-of,w<lyof Sal em Ave n ue and continuing in <I northerly direction tn its terminus. m Weslview Avenue;'(2i a portion of 18th Streel. S.w.. from ItS intersection with Ihe northerl~ rl~ht-of'W,lY line of Weslport Avenue to Its' terminus at West..iew Avenue: (3l aJl of Westvlcw Avenue. S.W.; and (4) a narrow. 3BOfoot lonl:slrlp of varying widths, 01 5alem Avenue, beginning al the Intersection of the norlherl~ right-<lf·way of Salem Avenue and the westerly rlghl-(f·way of 171 h St reet and Gontinuin~ nlon¡¡ the ¡northerly rlght-of.way of ',salem Avenue to its. inlersectionwiththeeasledy righl·of-way 011Bth Street, S.W. '.. . __.__ ¡-:-Ã cõiiy of th'e petiiion ¡51 aV<lilable lor review in the Oil ice of the City Clerk. Room 456. Noel C. TtlVlor¡ IMunlclpal Building. 215 Church Avenue. S.W.. Roanoke. Virginia. I All parties In interest and: ,citizens Olay appear on Ihe' above date and be heatdon, the maltl!r. If you are al per'ion with a dlsabllilywho needs:¡ccommodationsforj thlsheming,pleasecontact .lIle Cil.. Clerk's Office, <It '853·25'41. before noon on ·the Thursday belore Ihp. date of the he<lringlis.ted above. GIVEN under myh<lnd Ihrs. '31st day of January. 2007. Stephanie M. Moon, CMe Acting Clly Clerk. (100B7630) . . í '--. ,...., ~.. - - - - - - - - - - - + - - - - - - - - - - - - - - - - - - - -. Authorized( Signature: Billing Services Representative " :;] " .- ;¡ ~i " ITI 0::1 1-,.:0· cr.. õO "" ~, 1"\'.:1 Ü1 n.) ...( r\ /~' ~. '-? ~'IY :'IIOTlCE OF I'UHLlC IIEARIl\G The Council of the City of Roanoke' will hold a public hearing on Tuesday, February 21l. 2007, at 7:00 p.m.. or as soon therealkr as the matter may be heard, in the Couneil Chamber, founh 1100r, in the "lol'l C. Taylor Municipal ßuilding. 215 Church Avenue. S. W., Roanoke. Virginia. to consider the following: I. Reljuest from the City of Roanoke Redevelopment and I-lousing Authority to roone a tract of land lying near the intersections of Salem Avenue. S.W., Westvie\\' Avenue. S.W., Westport Avenue, S. W.. 17'h Street. S. W.. and I S'h Street. S.W.. bearing the stred addrc'ss of 1641 Salem A venue. S. W., and identified as Official Tax No. 1210634, from RM-2, Residential Mixed Density District. to MXPUD, :\1ixed Lse Planned Unit J)e\'e1opment District, in order to ereale affordable housing opportunities and a C\.lmmunity center for the Ilurt Park community and beyond. 2. Request Ii-om the City of Roanoke Redevelopment and Housing Authority to permanently vacate, discontinue and close thc following: (I) a pc)rtion of 17'h Street. S. W.. beginning approx imately 190 feet north of its intersection with the northern right-of-way of Salem A venue and continuin>: in a nnrtherlv direction to its terminus at West\ie\\' A\c'nuc'; (2') a portion ot: IS'h Street. S.W.. I'rom its intersection with the northerlv riuht-ol:wav line ofWeSII)Ort A venue - ~ - to its terminus at Westview Avenue; (3) all of Westview ¡\venue, S.W.; and H) a narmw, 3Su I'.lot long strip of varying \\'idths, of Salem Avenue. beginning at the intersection of the northerly right-ol~ \Vay of Salem Avenue and the westerly right-ot:wayof 17'h Street and continuing along the nnrtherly right-ot~way of Salem A venue to ils intersection witb the easterly right-ol~\\'ay l)f ] 8'" Street, S. W. A c¡)py ofthc petitinn is available for review inlhe Ollice of the City Clerk. Room 45Ú, !\oel C. Taylor Municipal ßuilding. 215 Church Avenue. S.W., Roanoke, Virginia. All panies in interest and eitiZL'l1s ma)' appear 011 the above date and be heard onlhe maller. If you arc a person with a disability \\'lLlneeds aeeonl1nodations I;')r this hearing. please contact the City Clerk's Olliee. al 853-2541, bef()re noon on the Thursday before the date of the hearing listed abnve. GIVEN under m)' hand this 31ß.t. day of ...1;¡nuary. ,2007. Stephanie 1\1. l\·loon. CMC Acting City Clerk. Notice to Publisher: Publish in the Roanoke Times once on Friday, February 2,2007 and Friday, February 9,2007. Send bill and affidavit to: Stephanie M. Moon, Acting City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 240 II (540) 853-2541 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S. \V.. Room 456 Roanoke. Virginia 24011-1536 Telepholll.:: (.54U) ö53·2~4] Fax: (5-10) 853·114) E-mail: c1c,k@roanoke\'a£o\' SHEILA N. HARTMAi': A.~sistant City Clelk STEPHANIE fl.!. ~100N. CMC ..\cling City Clerk January 23, 2007 File #51 Ellis Henry, Executive Director Roanoke Redevelopment and Housing Authority 2624 Salem Turnpike, N. W. Roanoke, Virginia 24017 Dear Mr. Henry: At a regular meeting of the Council of the City of Roanoke which was held on Tuesday, January 16, 2007, public hearings were scheduled with regard to the request of the Roanoke Redevelopment and Housing Authority that a tract of land located at 1641 Salem Avenue, S. W, be rezoned from RM-2, Residential Mixed Density District, to MXPUD, Mixed Use Planned Unit Development District; and portions of 17'" Street, 18'" Street, Salem Avenue and all of Westview Avenue, S. W., be permanently vacated, discontinued and closed. On motion, duly seconded and adopted, the public hearings were tabled and rescheduled for Tuesday, February 20, 2007, at 7:00 p.m., or as soon thereafter as the matters may be heard. Sincerely, ~m.fYJðU'YV Stephanie M. Moon, CMC Acting City Clerk SMM:ew Ellis Henry January 23, 2007 Page 2 pc: Norfolk & Western Railway Company, c/o Bill Title, 110 Franklin Road, S. E., Roanoke, Virginia 24011 Canaan Land Company, 1960 Evelyn Byrd Avenue, Harrisonburg, Virginia 22801 Ms. Annette Halperin, 1750 Allegro Drive, Richmond, Virginia 23231 Ms. Lillie Gray Williams, 1815 Salem Avenue, S. W., Roanoke, Virginia 24016 Ms. Patricia Huling, 34 Queen Street, Mount Clemons, Michigan 48043 Mr. Glen Powers, 4432 Grandin Road, S. W., Roanoke, Virginia 24018 Mr. Anthony J. Ross and Ms. Camille M. Hutchinson, 121 18'" Street, S. W., Roanoke, Virginia 24016 Mr. and Mrs. Norman Mason, 1802 Salem Avenue, S. W., Roanoke, Virginia 24016 Bernard Edgar Jefferies, Yvonne Leflore Jefferies, and Bernard Edgar Jefferies, Jr., 1302 Rorer Avenue, S. W., Roanoke, Virginia 24016 Mr. and Mrs. Luster Fields, 600 Warwick Avenue, Apt. L 1, Norfolk, Virginia 23503 Mr. and Mrs. Luster Fields. 500 Logan Place, Apt. 15, Newport News, Virginia 23601 Ms. Wanda Delarosa and Mr. William T. Bratton, 3517 Cove Road, N. W., Roanoke, Virginia 24017 Mr. Gary L. Friel, P. O. Box 602, Daleville, Virginia 24083 Mr. and Mrs. Raymond Steptoe, 212 17th Street, S. W., Roanoke, Virginia 24016 Mr. and Mrs. James Jones, 2724 Meadowview Drive, N. W., Roanoke, Virginia 24017 Mr. Audine Lopez, 1622 Salem Avenue, S. W., Roanoke, Virginia 24017 Mr. and Mrs. Jerome Jones, 724 Riverland Road, S. E., Roanoke, Virginia 24014 Mr. Maurice English, 1610 Salem Avenue, S. W., Roanoke, Virginia 24016 Ms. Marquetta D. Smith, 1606 Salem Avenue, S. W., Roanoke, Virginia 24016 Roanoke City Public Schools, 40 Douglass Avenue, N. W., Roanoke, Virginia 24012 Mr. Jimmy Cook, Hurt Park Neighborhood Alliance, 1814 Salem Avenue, S. W., Roanoke, Virginia 24016 Ms. Norma Smith, 11 14'" Street, S. W., Roanoke, Virginia 24016 Ms. Christine Williams, 1907 Salem Avenue, S. W., Roanoke, Virginia 24016 Ms. Cheryl Ramsey, Roanoke Neighborhood Advocates Representative, 13140 Moorman Road, N. W., Roanoke, Virginia 24017 Ellis Henry January 23,2007 Page 3 Susan S. Lower, Director, Real Estate Valuation Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney -¡ " k~ ", ~~ - CITY OF ROANOKE OF.FICE OF THE CITY CLERK 215 Church ,henue, S. W.. Room 456 Roanoke, Virginia 24011-1536 Telephone: (54UI85.\·254J Fa": 15411) H53-114S E-mail: c1erkŒ"roanokc\'a.go\· SHEILA :<,IIARTMAr; Assi!'hmt City Clerk STEI'IIAl'n: ~I. ~Ioor;, ole At"tin/.: Cily Clerk January 5, 2007 .. ,- l File #51 Ellis Henry, Executive Director Roanoke Redevelopment and -Housing Authority 2624 Salem Turnpike, N. W. Roanoke, Virginia 24017 Dear Mr. Henry: Pursuant to provisions of Resolution NO.2 5 523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Tuesday, January 16, 2007, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 21 5 Church Avenue, S. W., on the request of the Roanoke Redevelopment and Housing Authority that a tract of land located at 1641 Salem Avenue, S. W., identified as Official Tax No. 1210634, be rezoned from RM-2, Residential Mixed Density District, to MXPUD, Mixed Use Planned Unit Development District. For your information, I am enclosing copy of a report of the City Planning Commission and a notice of public hearing. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 540-853-2431. Questions with regard to the City Planning Commission report should be directed to the Department of Planning, Building and Economic Development at 540-853-1730. It will be necessary for you, or your representative, to be present at the January 16 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, ~~;~ Acting City Clerk SMM:snh Enclosure CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church ..\.\"cnllc, S. \V.. Room 456 Roanoke, Vir~inia 14011-1536 Tt'lt'phollc: 15-10) 853-25..11 Fax: (540) H.53..1145 E-nmil: dl'rk@"rOUIlUkl"'¡,J,:O\' STErHAl'i1E ~I. 'lOON. ole Âcting <:it}' C1t'rk SHEILA ~. 11..\RT\I..\:-¡ ,\ssi~Lanl Cit)' Clt'rk January 5, 2007 File #51 Norfolk & Western Railway Company c/o Bill Title Canaan Land Company Annette Halperin Lillie Gray Williams Patricia Huling Glen Powers Anthony J. Ross and Camille M. Hutchinson Norman and Peggy Mason Bernard Edgar Jefferies, Yvonne Leflore Jefferies, and Bernard Edgar Jefferies, Jr. Luster and Charlotte Fields Ladies and Gentlemen: Wanda Delarosa and William T. Bratton Gary L. Friel Raymond and Louise Steptoe James and Lois Jones Audine Lopez Jerome and Deborah Jones Maurice English Marquetta D. Smith Roanoke City Public Schools Jimmy Cook Norma Smith Christine Williams Cheryl Ramsey Pursuant to provisions of Resolution No.2 5 523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Tuesday, January 16, 2007, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 21 5 Church Avenue, S. W., on the request of the Roanoke Redevelopment and Housing Authority that a tract of land located at 1641 Salem Avenue, S. W., identified as Official Tax No. 1210634, be rezoned from RM-2, Residential Mixed Density District, to MXPUD, Mixed Use Planned Unit Development District. This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning, Building and Economic Development at 540-853-1730. January 5, 2007 Page 2 If you would like to receive a copy of the report of the City Planning Commission, please call the City Clerk's Office at 540-853-2541. Sincerely, ~}r,.~ Stephanie M. Moon, CMC Acting City Clerk SMM:snh Norfolk & Western Railway Company c/o Bill Title 110 Franklin Road, S. E. Roanoke, VA 24011 Canaan Land Company 1960 Evelyn Byrd Avenue Harrisonburg,VA 22801 Annette Halperin 1750 Allegro Drive Richmond, VA23231 Lillie Gray Williams 1815 Salem Avenue, S.w. Roanoke, VA 24016 Patricia Huling 34 Queen Street Mount C1emo~s, MI 48043 Glen Powers :, 4432 Grandin Road, S.W. Roanoke, VA 24018 Anthony J. Ross and Camille M. Hu'tchinson , 121 18th Street, S.w. Roanoke, VA 24016 Norman and ~eggy Mason 1802 Salem Avenue, S.w. Roanoke, VA ~41 06 Bernard EdgÚJefferies, Yvonne Leflore Jefferies, and Bernard Edgar Jefferies, Jr. 1302 Rorer Avenue, S.W. Roanoke, VA 24016 Luster and Ch:arlotte Fields 600 Warwick Avenue, Apt. L 1 Norfolk, VA 23503 Luster and Charlotte Fields 500 Logan Place, Apt 15 Newport News,VA 23601 , , ":' Wanda Delarosa and William T. Bratton 3517 Cove Road, N.w. Roanoke, VA 24017 Gary L. Friel P. O. Box 602 Daleville, VA 24083 Raymond and Louise Steptoe 21217'" Street, S.W. Roanoke, VA 24016 James and Lois Jones 2724 Meadowview Drive, N.w. Roanoke, VA 24017 Audine Lopez 1622 Salem Avenue, S.w. Roanoke, VA 24017 Jerome and Deborah Jones 724 Riverland Road Roanoke, VA 24014 Maurice English 1610 Salem Avenue, S.W. Roanoke, VA 24016 Marquetta D. Smith 1606 Salem Avenue, S.W. Roanoke, VA 24016 Roanoke City Public Schools 40 Douglas Avenue, N.W. Roanoke, VA 24012 Jimmy Cook HPNA 1814 Salem Avenue, s.w. Roanoke, VA 24016 Norma Smith 11 14'" Street, S.w. Roanoke, VA 24016 Christine Williams 1907 Salem Avenue, S.W. Roanoke, VA 24016 Cheryl Ramsey RNA Rep . 1 314D Moorman Road, N.w. Roanoke, VA 24017 , \ ., '. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church '\,..nue. S. W.. Room.t56 Roanoke, Virginia 2.tOll-1536 Tdcllhone: 154UJ 85.'-15.1.1 Fax: ~5"O, H5.1-1I-l5 H-m.lil: clcrkØ'rllôlllokl'\"a.gfl\" SHEILA~. IIAIIBIA" ..\ssislllnt (.ït)' C1l'rk STEPHANIF. 'I. MOO". C"C Acling <:itl Cll'rk January 4, 2007 File #51 Richard A. Rife, Chair City Planning Commission 1326 Grandin Road, S. W. Roanoke, Virginia 2401 5 Dear Mr. Rife: Pursuant to Section 36.1-690(e), Code of the City of Roanoke (1979), as amended, I am enclosing copy of a the First Amended Petition received in the City Clerk's Office on January 4, 2007, from the Roanoke Redevelopment and Housing Authority requesting that a tract of land located at 1641 Salem Avenue, S. W., identified as Official Tax No. 1210634, be rezoned from RM-2, Residential Mixed Density District, to MXPUD, Mixed Use Planned Unit Development District. Sincerely, ~'rn.~ Stephanie M. Moon, CMC Acting City Clerk SMM:snh Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council (w/o enclosures) Ellis Henry, Executive Director, Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 (w/o enclosures) Susan S. Lower, Director, Real Estate Valuation Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. TaleVI, Assistant City Attorney " \k:zoa',il:¡:<' S&A rl''':'lt~~\ '1~17 ~a,·.·II..¡·:"\l. f'(" - RRI!A ''),':t''n". ",':; ,A:n.~ r'··!, 11-~(,·f'7 Pll""l.". ~ 'i NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING COMMISSION TO WHOM IT MAY CONCERN: The City of Roanoke Planning Commission will hold a public hearing on Thursday, December 21,2006, at 1 :30 p.m" or as soon as the matter may be heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider the following: 1. Request from the City of Roanoke Redevelopment and Housing Authority to rezone a tract of land lying near the intersections of Salem Avenue, S.W., Westview Avenue, S.W., Westport Avenue, S.w.,1th Street, S.w., and 18th Street, S.w., bearing the street address of 1641 Salem Avenue, S.W., and identified as Official Tax No. 1210634, from RM-2, Residential Mixed Density District, to MXPUD, Mixed Use Planned Unit Development District, in order to create affordable housing opportunities and a community center for the Hurt Park community and beyond. 2. Request from the City of Roanoke Redevelopment and Housing Authority to permanently vacate, discontinue and close the following: (1) a portion of 1 th Street, S.W., beginning approximately 190 feet north of its intersection with the northern right-of-way of Salem Avenue and continuing in a northerly direction to its terminus at Westview Avenue; (2) a portion of 18th Street, S.w., from its intersection with the northerly right-of-way line of Westport Avenue to its terminus at Westview Avenue; (3) all of · .' ", Westview Avenue, S.W.; and (4) a narrow, 380 foot long strip of varying widths, of Salem Avenue, beginning at the intersection of the northerly right-of-way of Salem Avenue and the westerly right- of-way of 17th Street and continuing along the northerly right-of-way of Salem Avenue to its intersection with the easterly right-of-way of 18th Street, S.w. Copies of the petitions are available for review in the Department of Planning Building and Economic Development, Room 166, Noel C. Taylor Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person with a disability who needs accommodations for this hearing, please contact the Department of Planning Building and Economic Development at 853-1730 before 12 noon on the Tuesday before the date of the hearing listed above. Martha P. Franklin, Secretary , City Planning Commission -----------------------------------------------------------------------~------------------------------------ Please print in newspaper on Tuesday, December 5 and December 12, 2006 Please bill: Ellis Henry, Executive Director Roanoke Redevelopment and Housing Authority 2624 Salem Turnpike, NW Roanoke, VA 24017 (540) 983-9281 Please send affidavit of publication to: Martha P. Franklin Department of Planning Building and Economic Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 ; . TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: RRHA at 1641 Salem Avenue, S.w., Tax No. 1210634 ) From RM-2 to MXPUD )AFFIDAVIT COMMONWEALTH OF VIRGINIA ) ) TO-WIT: ) CITY OF ROANOKE The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950); as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 27th day of November, 2006, notices of a public hearing to be held on the 21st day of December, 2006, on the request captioned above to the owner or agent of the parcels listed below: Tax No. Owner Mailinq Address 1310614 1310615 1310617 1310618 1310619 1310620 Unidentified parcels 1311506 Annette Halperin 1311507 1311508 Lillie Gray Williams 1311509 Patricia Huling 1311511 1311102 Glen Powers 1311501 1311510 1312208 1211601 1211602 1211705 Norfolk & Western RY CO c/o Bill Title 110 Franklin Road, SE Roanoke, VA 24011 Canaan Land Company 1960 Evelyn Byrd Avenue Harrisonburg, VA 22801 1750 Allegro Drive Richmond, VA 23231 1815 Salem Avenue, SW Roanoke,VA 24016 34 Queen Street Mount Clemons, MI 48043 Anthony J. Ross Camille M. Hutchinson 4432 Grandin Road, SW Roanoke, VA 24018 121 18th Street, SW Roanoke, VA 24016 Norman and Peggy Mason 1802 Salem Avenue, SW Roanoke, VA 24016 Bernard Edgar Jefferies Yvonne Leflore Jefferies Bernard Edgar Jefferies, Jr. 1302 Rorer Avenue, SW Roanoke, VA 24016 . . 1211604 1211605 1211606 1211607 1211608 1211701 1211702 1211703 1211704 1211706 1211707 1210320 1210711 ~ Luster and Charlotte Fields 600 Warwick Av Apt. L 1 Norfolk, VA 23503 Luster and Charlotte Fields 500 Logan Place Apt 15 Newport News, VA 23601 Wanda Delarosa William T. Bratton 3517 Cove Road, NW Roanoke, VA 24017 Gary L. Friel POBox 602 Daleville, VA 24083 Raymond and Louise Steptoe 212 1ih Street, SW Roanoke,VA 24016 James and Lois Jones 2724 Meadowview Dr, NW Roanoke,VA 24017 Audine Lopez 1622 Salem Avenue, SW Roanoke, VA 24016 Jerome and Deborah Jones 724 Riverland Road Roanoke, VA 24014 Maurice English 1610 Salem Avenue, SW Roanoke, VA 24016 Marquetta D. Smith 1606 Salem Avenue, SW Roanoke,VA 24016 Hurt Park Schools Petitioner Notice also mailed to: Jimmy Cook, HPNA, 1814 Salem Avenue, SW, 24016; Norma Smith, 11 14th Street, SW, 24016; Christine Williams, 1907 Salem Avenue, SW, 24016; and Cheryl Ramsey, RNA Rep, 1314D Moorman Road, 24017 ~«- 10-« ;ft~ Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 2ih day of November, 2006. ~..Co~ Notary Public ¿¿ /,;;} r:/ n My Commission Expires: CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011-1536 Tclcplumc: (540) 853-2541 Fax: (5-10) 85.'\-1145 E-mail: c1crk@'roan(kc\'a.~(l\· SHEILA~. HARTMAN Assistant (ïty Clerk STEI'HANIE ~L MOO"i. OIC Acting City Clerk November 3, 2006 File #51 Richard A. Rife, Chair City Planning Commission 1326 Grandin Road, S. W. Roanoke, Virginia 2401 5 Dear Mr. Rife: Pursuant to Section 36.1-690(e), Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition received in the City Clerk's Office on November 3, 2006, from the Roanoke Redevelopment and Housing Authority requesting that a tract of land located at 1641 Salem Avenue, S. W., identified as Official Tax No. 1210634, be rezoned from RM-2, Residential Mixed Density District, to MXPUD, Mixed Use Planned Unit Development District. Sincerely, ~~'[~ Acting City Clerk SMM:ew Enclosures pc: The Honorable Mayor and Members of the Roanoke City Council (w/o enclosures) Ellis Henry, Executive Director, Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 (w/o enclosures) Susan S. Lower, Director, Real Estate Valuation Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer . William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney L:\CLER.:\[J,\T A\C"J;\\'I\REZO~]~(; '\."D :rmr.P"1 CLOSIIRF..\R~z·'"::I!'<· .'>Irt'Y';:i A:lt") O':'\RRlI,\ \\'~'[\I~\\' \\'e~:p".'lt r; l:l~J I¡;;.;.!:I, Petition to Rezone IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA INRE: Rezoning of a tract of land lying near the intersections of Salem Avenue, Westview Avenue, Westport Avenue, 17th Street, and 18th Street with the physical address of 1641 Salem Avenue SW and Tax Parcel Number 1210634, from RM-2, Residential Mixed Density Districts to MXPUD, Mixed Use Planned Unit Development District. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, City of Roanoke Redevelopment and Housing Authority, owns land in the City of Roanoke containing approximately 7.3 acres, more or less, located at 1641 Salem Avenue SW, Tax Parcel 1210634. Said tract is currently zoned RM-2, Residential Mixed Density District. A map of the property to be rezoned is attached as "Hurt Park Development Plan Existing Conditions Exhibit B-1". Pursuant to Section 36.2-540, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from RM-2, Residential Mixed Density District to MXPUD, Mixed Use Planned Unit Development District for the purpose of creating affordable housing opportunities and community center for the Hurt Park community and beyond, subject to the conditions contained in the map of proposed use titled "Hurt Park Development Plan Exhibit B" prepared by Gay and Neel, Inc. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it meets the Vision 2001-2020 Plan in the following ways. The community will offer a balance of housing types, sizes, and prices to meet the needs of current and future residents at all stages of their lives. This community will function as a village, with downtown serving as the City's premier urban village. The community is adjacent to a neighborhood park and will include a community center, which can be used by the residents. The streets and streetscapes will encourage pedestrian activity by providing sidewalks and a "front porch" community while encouraging a compact urban design form. Also attached in the "Adjacent Property Owners; Exhibit C" are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to and immediately across a street or road from the property to be rezoned, "Exhibit 1 Hurt Park Right of Way Vacation Plat", which identifies the rights-of-way to be vacated (by separate request) to allow the proposed development, "Exhibit Plat 2; Survey for Hurt Park", which identifies the lot configuration identified in the proposed development, "Exhibit D", which depicts the likely floor plan and exterior elevations of the units to be constructed in the proposed development, and "Vicinity Map, Exhibit E". WHEREFORE, the Petitioner respectfully requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Petition to Rezone Tax Parcel Number 1210634 From RM-2 to MXPUD Roanoke Redevelopment and Housing Authority Page 2 Respectfully submitted, By: tßJ.¿A~J~f/~ Ellis Henry, Executiv irector Roanoke Redevelopment and Housing Authority 2624 Salem Turnpike. NW Roanoke, VA 24017 540-983-9281 Name of Representative Gay and Neel, Inc. Attn. Michael G. Gay, P.E. 328 Mountain Avenue, SW Roanoke, VA 24016 540-345-111 0 540-345-5560 (fax) 2 .~~- ,,', ;;<::.'::'~~:;~'~ \~~~. ;.." ,.::"/ .. . !n(l1'~: !nll!:1'l!.~· ':~f.'~I~~~H ".'oI.'S ,-.nll.=t.\\' llllqlln"I\ ll;:::C :.tll~;::~;l~?~or{f ,} ',)N'["] D :LI'J <I'" W~J or :":"'<"'!. \,~.''''~ ";'¡ :0 _.;':;.' fI nq! r¡x:>f lH11cf ~[r;}Il{duFM.aa }[,Tl1¿ )JnH _____L__ f' -=: ,::", ¡¡i ; ~. .. !~ ~¡;:-; ~i; \' ~" , .-'," ......., '-". -, I ~I ,ç::J : 7..-- '-~?.£' fiìt. tJo~!N~,~~' ~I .~~~~:~~~.;.~ ;;~~;~:.} .. ~ ~ ~ ::Eì ~ r~ 0, ~) ~1 >1 ~ Q ~ Qd' ,,:--¡.::--- « p~,--- ~ ~ ~¡'1' ~1 -.t-~-_ ~~ = ¡ ) ; , " .~ -~---- , ~I :. 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Adiacellt Propertv Owners: Exhibit C I Tax No.1 Street Address _.0__- Name of Property Mailing Address Owner -._- 1310614 NORFOLK & WESTERN RY CO 110 FRANKLIN RD SE WESTVIEW AV SW I Alln: BILL TITLE ROANOKE VA 24042-0028 1310615 NORFOLK & WESTERN RY CO 110 FRANKLIN RD SE WESTVIEW AV SW Alln: BILL TITLE ROANOKE VA 24042-0028 ----- 1310617 NORFOLK & WESTERN RY CO 110 FRANKLIN RD SE WESTVIEW AV SW Alln: BILL TITLE ROANOKE VA 24042-0028 - "-...- 1310618 NORFOLK & WESTERN RY CO 110 FRANKLIN RD SE WESTVIEW AV SW Alln: BILL TITLE ROANOKE VA 24042-0028 - --- 1310619 NORFOLK & WESTERN RY CO ¡ 110 FRANKLIN RD SE WESTVIEW AV SW Atln: BILL TITLE ROANOKE VA 24042-0028 ---- ....- 1310620 NORFOLK & WESTERN RY CO 110 FRANKLIN RD SE WESTVIEW AV SW Alln: BILL TITLE ROANOKE VA 24042-0028 -- 1311501 CANAAN LAND COMPANY 1960 EVELYN BYRD AVE WESTPORT AV SW HARRISON BURG VA 22801 --- -- 1311506 ANNETTE HALPERIN 1750 ALLEGRO DR WEST AV SW RICHMOND VA 23231 .......- -- 1311507 ANNETTE HALPERIN 1750 ALLEGRO DR i 1817 SALEM AV SW RICHMOND VA 23231 1311508 LILLIE GRAY WILLIAMS 1815 SALEM AV SW 1815 SALEM AV SW ROANOKE VA 24016 - - --- 1311509 PATRICIA HULlNG 34 QUEEN ST WEST AV SW MOUNT CLEMONS MI 48043 -- I 1311102 GLEN POWERS 4432 GRANDIN RD SW 1829 WESTPORT AV SW ROANOKE VA 24018 --- 1311510 ANTHONY J ROSS & CAMILLE 121 EIGHTEENTH ST SW 12118TH ST SW M HUTCHINSON ROANOKE VA 24016 1311511 PATRICIA HULlNG 34 QUEEN ST 10518TH ST SW MOUNT CLEMONS MI48043 ------- -.....- ---...-- . . -...------- .... -- --- 1312208 NORMAN & PEGGY MASON 1802 SALEM AV SW 1802 SALEM AV SW ROANOKE VA 24016 - --- 1211601 BERNARD EDGAR & YVONNE 1302 RORER AV SW 20818TH ST SW LEFLORE JEFFERIES ROANOKE VA 24016 1211602 BERNARD EDGAR & YVONNE 1302 RORER AV SW L_ .____ SALEM AV SW LEFLORE JEFFERIES ROANOKE VA 24016 ---- I 1211604 LUSTER L & CHARLOTTE S 600 WARWICK AV APT L 1 , SALEM AV SW FIELDS NORFOLK VA 23503 1211605 LUSTER L & CHARLOTTE S 500 LOGAN PLACE APT 15 1718 SALEM AV SW FIELDS NEWPORT NEWS VA 23601 f·····..__ , 1211606 WANDA & BRATTON WILLIAM T 3517 COVE RD NW SALEM AV SW DELAROSA ROANOKE VA 24017 --- 1211607 WANDA & BRATTON WILLIAM T 3517 COVE RD NW ; 1706 SALEM AV SW DELAROSA ROANOKE VA 24017 1211608 GARY L FRIEL POBOX 602 1704 SALEM AV SW DALEVILLE VA 24083 1211701 RAYMOND C & LOUISE F 212 SEVENTEENTH ST SW 212 17TH ST SW STEPTOE ROANOKE VA 24016 - -'- 1211702 JAMES L AND LOIS S JONES 2724 MEADOWVIEW DR NW 1626 SALEM AV SW ROANOKE VA 24017 -_.. 1211703 AUDINE LOPEZ 1622 SALEM AV SW 1622 SALEM AV SW ROANOKE VA 24016 .. 1211704 JEROME A & DEBORAH S 724 RIVERLAND RD 1618 SALEM AV SW JONES ROANOKE VA 24014 .- 1211705 BERNARD EDGAR JEFFERIES 1302 RORER AV SW 1614 SALEM AV SW JR ROANOKE VA 24016 f---- 1211706 MAURICE ENGLISH 1610 SALEM AV SW 1610 SALEM AV SW ROANOKE VA 24016 .. 1211707 MARQUETTA DENISE SMITH 1428 LOUDON AV NW 1606 SALEM AV SW ROANOKE VA 24017 1--.. 1211708 FRANKLIN & JOHNNIE & 1925 ANDREWS RD NW 1602 SALEM AV SW ELIZABETH BRILES ROANOKE VA 24017 ¡...- '. 1211801 JAMES P & EMMA K ROBINSON 1528 SALEM AV SW 1528 SALEM AV SW LIFE ESTATE ROANOKE VA 24016 -..- 1210320 CITY OF ROANOKE 215 CHURCH AV SW RM 250 1525 SALEM AV SW (HURT PARK SCHOOL) ROANOKE VA 24011 1210634 ROANOKE REDEVELOPMENT P.O. 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" @ ~J -'....,~ @ .. ..,. .... ® .. .. .l....'N ®! · :: : · · . : . :: ~ . £,,, 's .. 1ft!" ~ .I!...'N (M III 'M'S '".1 S .0<:;) H 1 9 I' f' . . .. g~ I!li J Zoning Amendment/Conditional Rezoning Filing Compliance Statement Petitioner: R£iI-,4 Date /1-3-0 çp Petition Includes: Name, address and phone number of petitioner Names, signatures and addresses of the owner or owners of the lots or property including in the proposed change Description of the purpose for the requested zoning district classification and the proposed use of the property. Concept plan outlining features of the proposed use of the property including buildings, parking, access, and similar features; Map of the area requested for rezoning; Names, addresses and official tax numbers of owners of the lots or property immediately adjacent to and those directly opposite thereto. Filing Fee: s /"(ðt1 o~ ~;?Y~ Secretary, City Planning Commission Fee Schedule Rezoning to Residential Districts RA. R-12, R·7. R-;. R-3. RM-l, RM-2, RMF 5600 + 525 per acre or any portion Rezoning to Commercial Districts CN, ce. CL5 5900 + S2~ per acre or any portion Rezoning to Industrial Districts 1-1, 1·2 5900 -t- 525 per acre or any portion Rezoning to Special Purpose Districts D, Downtown MX, Mixed Use IN. Institutional District ROS, Recreation and Open Space AD, Airport Development $900 + 525 per acre or and portion Rezoning to Planned Unit Developments Districts MXPUD. Mixed PUD INPUD. Institutional PUD IPUD. Industrial PUD SI ,000 + $25 per acre or any portion Kezoning to Overlay Districts H-I. Historic Downtown H·2. Neighborhood HislOric NO, Neighborhood Design RCC, River and Creek Corridor CS, Comprehensive Sign 5250 Amendment to Proffered Conditions 5500 0.{. \¡j<> ~v"'\ \: . J\OTlCE OF PUBLIC HEAR1:'o/G The Council of the City of Roanoke will hold a public hearing on Tuesday. January 16.211117. al 7:00 p.m., or as soon thereafter:Js themallerm:Jyhehcard.intheCounciIChamber.ll)urth floor. in the "Ioe! C. Taylor Municipal Building. 215 Church Avenue. S.W.. Roanoke, Virginia. to considc'r the lòllowing: 1. Request from the City of Roanoke Redevelopment and Housing Authority to rezone a tract of land lying near the intersections oi" Salem Avenue, S.W.. West\'iew Avenue. S.W.. Westport Avenue. S.W.. 17'h Street. S.W.. and IS'" Street, S.W.. bearing the street address oi" 1641 Salem A wnue. S. W.. and identilied as Omeial Tax :\0. 1210634, from RM-2. Residential Mixed Density District. to MXPUD, Mixed L:se PlannL'd Unit Development District. in order to create alìòrdable housing opportunities and a community center for the Hurt Park community aml beyond. 2. Request from the City of Rl)anoke Redevelopment and Housing Authority to pennanently vacate. discontinue and close the following: '( I) a portion of 17'h Street. S,W.. beginning approximately 190 I',;:et north of its intersection wilh the northern right-ot~way of Salem Avenue and continuing: in " Illlrtherly direction to its terminus at Westview Avenue; (2) a portion of ISth Street. S.W.. from its intersection with the northerly right-ol~way line of West port Avenue to its tenninus at Westvie\\ Avenue: (3) all of Westview Avenue. S.W.; and (4) a narrow. 381) Il)O( long strip of varying widths. of Salem Avenue, beginning at the intersection of the northerly right-of- way oi"Salem Avenue and the westerly right-of-wayoi" 17'1< Street and continuing along the nonhçrly right-of:way of Sakm A venue to its intersection with the easterly right-ol~\\'ay of 1 8'h Street, S.W. A copy of the petition is available tòr revie\\' in the Olllee oi"lhe City Clerk, Room 456. Noel C. Taylor Municipal Building. 215 Church AvenuL'. S.W.. Roanoke. Virginia. All parties in interest and citizcns may appear on the above date and be heard on the matter. If you arc a person with a disability who needs aCl't.lllllllodations (òr this hearing:. please contact the City Clerk's Oflice, at 853-2541. heforl' noon on the Thursday he (òre the date oflhe hl'aring listed above, GIVEN under my hand this _Z.?.!!,dday of ...l)~cember .2006. Stephanie M. Moon. CMC Acting City Clerk, ...... :\olice 10 Publisher: Please publish in Ihe NOlll/o!;i' TiIlli'S once on Friday. [)eeemher 2'). 2006. and once on hiday. January 5. 2007. Please send affidavil 10: Slephanie M. :-"loon. CMC Acting City Clerk 215 Church Avenue. S. W.. Ruom456 Roanoke. Virginia (540) x53-25-l1 Pleilse send hill to: Ellis IIenry. [xeculi\'e Director Roanoke Redevelopment and I lousing AUlbl1rily 2624 Salem Turnpike. 1':. \\1. Roanoke. Virginia 2-l0 17 The Roanoke Times Roanoke, Virginia Affidavit or Publication The Roanoke Times - - - + - - - - - - -. ROANOKE REDEV. & HOU 2624 SALEM TURNPIKE ROANOKE VA 24017 REFERENCE 80043134 10033563 NOTICE OF PUBLIC HEA State of Virginia City of Roanoke I, (the undersigned) an authorized l-epresentative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Vi~' ia. Sworn and subscribed before me this _J ___day of January 2007. Witness my hand an official seal. _~~_11J ' Ml com,wt!si~-;;t~ 'p' Notarv Public .3.1, 7 X 20::L· PUBLISHED ON, ~2/29 01/05 f'¡- ./- ·,...,'·'.....·.l ·,l·, \ . I; '. ,\ ;':> TOTAL FILED '603.58 01/05/07 COST, ON, -+------ Authorized Signature Billing Servic c -..,.- - NOTICE OF PUBLIC HEARING Thl:' Councl: of th!! Cit~ of Roanoke will hold a public hearrng on Tuesday. J¡nuar~ 16.2007,·<1( 7:00 r.m., or as soon IhereDftcr as the matterm<lybehcard,inthe Council Ch¡lmber fourlh floor: i.n the (l,oel C. Taylor MunlclpDI BuidinS. 215 Church Avenue. S.W., ROD.nok!'!. Virginia, to conSld~rthe following: ¡1.Request from lhe City 01 Ro.:!noke Redevelopment and Hou!>ing Authorit~ to relonea tract of land Iyinc near the Inter!>ection!> of Salem Avenue, S W.. Wesrvlew Avenue, S.W.. Wc!>tportAvenue.S.W..17th Strcet·."S:W:-....and 18lh Street..S.W.. bearing the street address of 1641 Salem Avenue: S.W,,-and identified <IS Offlci.:!1 Tax No. 1210634, Irom RM-2 I Residenllal Mi~ed Densit): District, to MXPUD, MI~ed Us e PI ¡¡ n n e dUn r t Development District, In order to create Dffordable · housing-oPlloTtuniti!'!s and D Icommunitycenlerforthe¡ Hurt Park communih and be~ond. . c I 2.RequeSllrom thc Cily of ROílnoke Rcdevelopment I ilnd Hou!>ing AuthOrlIV.lO¡ permanently vacDte , discontinue and close th~ , following: (1) a portion ofl · 17th Streel. S.w.. beginning. appro~iméllely 190 fceli notthofilsinler!>ectionwith' the nurthorn right-of way of' Sa It> m Ave n ue and I c?nj~ujng In a nOrlhcrly drrecllonto,tsterminusal Westvicw Avenue: (2) a · portion of 18th Street. S.W.. from its inten.l.'ctlon wilh the norlherly rlght·ol-Wil)' line of We!>lporl Avenut! to Its terminus at Westview A~p.nuc. (3) all of Westview Avenue. S.W.: and (4) <I níltrow. 380 foot long strip olvDryin!"......idlhs.ofSalem AvenUe. beginning ¡It the 100erseclion 01 the northerly rlght-<lf Wily of Salem Avenue <lnd the ......eslerl~ right-ot'WDV 10f 17 th Street and Continuing along lhe I northerly rlghl-of-way of Salem Avenue 10 its intf'rsection with the l:'tlsterly . right·of-wa~· of 18th Strcel. Is,w, I A copy of tne petition IS I availabl!! for reVIf!W in the Dlllc!! of the Cit~ Clerk. Room 456, No!.!! C. Taylor Municip<l1 Building. 215 Church AvenUe. S.W" Roanoke. Virginiil. . All parti(>!> in intere!>1 and cltllens may appear on the abovedme<lndbehcDrdon the matter. If you ilre a '1 person with a dlsabilitv who need~ accommodations lor thr!> hearing. llease contDct the City Clerk'!> Qttice, <It 853·2541. before noon on Ihe Thursdaybelore the date of the heminghsled above. GIVE\' undN my hand Ihl!>., t l' V~ 22nd day of December '" 2006. . Stephanie M. Moon. CMC Acting City Clerk. (10033563) The Roanoke Ti~es Roanoke, Virginia Affidavit of PublicatiD~ The Roanoke 7imes ROA~OKE REDEV. & HOU ~624 SALEM TURNPIKE ROA~OKE VA 21017 REFERENCE, 80043134 10033563 NOTICE OF PUBLIC HEA State of Virginia Cit~l of Roanoke I, (the undersi'Jned.' an au;'hori:->:ed rp.prefientative of the Tines-World Corpora~ion, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of V~g-h:ia. Sworn and subscribed before me this _~~_day of Januar}p 2007 Witness my hand f&~1~:!ii-0fC0~# ___ Notary Public ~y co~~n~*p ~-" r:l{iiiQ__.J9L~M__" \ PUHtISHED O~, 'i2/29 01/05 , , ,. '! ~,\ . '. , TOTAL FILED COST: ON, 603,58 12/26/06 ~~~~:~~;:~ ~2:oJ,,=~"~, NOTICE OF PUBLIC HEARING IThe Council ollhe City 01 'Roanoke will hold a public I hearing on Tuesda~, January 16,2007. at 7:00 p.m.. or as soon thereafter as the "I mailer may be heard. in the ,Council Chamber. fourth Ifloor. in the Noel C. Taylor; 'Municipal Building, 215 Church Avenue. S.W., Roanoke, Virginia. to conslderthefoliowing: 11.Request from the City of .Roanoke Redevelopment land Housing Authority to: rezone a tract of land lying I near the mter!'.ectlon!o of Salem Avenue. S W. West~lew Avenue, S W.. . . Westport Avenue. S.w., 17th Street. S.W., and 18th[ Street. S.W.. bearing the street address of 1641: Salem Avenue, S.W.. and i identified as Official Tax No. 1210634. from RM-2,' Residential Mixed Density District. to MXPUD. Mixed' Use P I ann e dUn i t. Development District. in' order to create affordable housing opportunities and a' community center for the Hurl Park community and beyond. . 2.Reque!>t from the City of' Roanokc Redevelopmcnt and Housing Authority tol permanently ~acate, I discontinue and close the following: (1) a portion of ! 17th Streel, S.W" beginning i appro~jmately 190 fectl north of its intersection with the nClrlhern right-of-way of Sa I c m Ave n uc and continuing In a northerly direction to its terminus at' Wesl~iew Avvnue: (2) a portion of 18th Street. S.W" from Itslntcrsectlon with the northerly right-of-way line of West port Avenue to its terminus at Westview Avenue: (3) all of Wcstview Avenue. S.W.: and (4) a narrow, 380 foot long strip of varying widths. of Salem Avenue, beginning at thc Inlersection of the northerly' rlght-ot-wayof Salem A...enue and the westerly right-of.way of 17th St re et and continuing atong the 'northerly right-of.way of Salem A~enue to its I intersection with the easterly I ~~.t-ot w~ of 18~tTee~, I"A-coPY of'thcpetltlOrlls i la~allable lor review in the; Office of the City Clerk'l Room 456. Noel C. Taylor Municipal Building, 215 Church Avenue. S'W"I' Roanoke, Virginia. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person with a disability who needs accommodations fori thlshearing,pleasccontact the Citv Clerk's Office, at 853-2541, before noon onl the Thur5day before the date of the hearing listed abo~e. I GIVEN under my hand thisl 22nd day of December.l ,2006. . Stephanie M. Moon. CMC ActingCi!yClerk. (10033563) Billing Services Representative CITY OF ROANOKE OFFICE OF THE CITY CLERK 21:' Chun..:h Avenue. S. \V.. RC\(lITI -1:'6 Roanoke. Virginia :'4011-1536 h'kphont': ()-w) ~53-:!5..11 Fa>.. t5-10\ S5i-1 ]-15 E-mail: .:iL'rkl.!::'m,uwkt'\'a.gC1\" SJ IEILA t-:, H,~Rn1'\~ A~SI.~t,lll[ City ('!L'r" STf.PtJ..\t-:IE ~1, \1()O~" nlc CilyClt:rk February 22, 2007 File #514 Ellis Henry, Executive Director Roanoke Redevelopment and Housing Authority 2624 Salem Turnpike, N. W. Roanoke, Virginia 24017 Dear Mr. Henry: I am enclosing copy of Ordinance No. 37688-022007 permanently vacating, discontinuing and closing portions of 17th Street, 18th Street, Salem Avenue and all of Westview Avenue, S. W., and certain public rights-of-way in the City of Roanoke. The abovereferenced measure was adopted' by the Council of the City of Roanoke at a regular meeting, which was held on Tuesday, February 20, 2007, and is in full force and effect upon it passage. Sincerely, ~~:~-M~.'C~ City Clerk SMM:ew Enclosure pc: Norfolk & Western Railway Company, Attention: Bill Title, 110 Franklin Road, S. W., Roanoke, Virginia 24042-0028 The Honorable Brenda S. Hamilton, Clerk of Circuit Court Susan S. Lower, Director, Real Estate Valuation Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney ~/\O~ \ l'=>\ , ~'t IN THE COUNCIL OF THE CITY OF ROAl'iOKE, VIRGINIA The 20th day of February, 2007. No. 37688-022007. AN ORDINANCE pemlanently vacating, discontinuing and closing portions of certain streets and certain public rights-of-way in the City of Roanoke, as more particularly described hcrcinaflcr; and dispensing with the second reading by title of this ordinance. WHEREAS, Roanoke Redevelopment and Housing Authority tiled an application to the Council of the City of Roanoke. Virginia ("City Council"), in accordance with law, requesting City Council to permanently vacate, discontinue and cluse portions of certain strects and certain public rights-of-way described hercinafier; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by 930-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the malter, has made its recommendation tu Council; WHEREAS, a public hearing was held on such application by City Council on February 20,2007, after due and timely notice thereof as required by S30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were atlorded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the suhject public rights-of-way have been properly notified; and WHEREAS, trom all of the foregoing, City Cuuncil considers that no inconvenience will result to any individual or to the public from permanently vacating,' discootinuing and closing such streets aod certain public rights-of-way. THEREFORE, BE IT ORDAINED by Ille Council of the City of Roanoke, Virginia, that the streets and ce11ain public rights-or-way situate in the City of Roanoke, Virginia, and more particularly described as follows: (1) a pOltion of 17'0 Street, S.W., beginning approximately 190 feet nOlth of its intersection with the northern right-of-way of Salem Avenne and continuing in a northerly direction to its telminns at Westview Avenue; (2) a portion of ISth Street, S.W., from its intersection with the northerly right-of-way line ofWestp0J1 Avenue to its tenninus at \Vestview Avenue; (3) all of Westview Avenue, S.W.; and (4) a narrow, 3S0 foot long strip of varying widths, of Salem Avenue, begilming at the intersection of the n0l1herly right-of-way of Salem Avenue and the westerly right-of-way of 17th Street and continuing along the northerly right- of-way of Salem Avenue to its intersection with the easterly right-o{~way of ISth Street, S.W. bc, and arc hereby pernlanently vacated, discontinued and closed, and that all right and inttTest of the public in and to the same be, and hereby is, released insofar as City Council is empowered so to do with respect to the dosed streets and rights-of-way, reserving however, to the City of Roanoke and any utility company or public authority, including, specifically, without limitation, providers to or for the public of cable tele\'ision, electricity, natural gas or telephone service, an easement for sanitary sewer and \vater mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across such streets and public rights-of-way, togcther with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposcs at the time such work is undertaken; such casement or easements to terminate upon the later abandonment of use or pernlancnt removal from the above-described streeL~ and public rights-of-way of any such municipal installation or other utility or facility by the owncr thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise dispose of the land within thc rights-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for tile installation and maintenance of any ~Uld all existing utilities that may be located within the rights-of-way. BE IT H3RTHER ORDAfNED that the applie~mt shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit COllrt of the City of Roanoke. Virginia, a certified copy of this ordinance for recordation where deeds are recorded in such Clerk' s Office, indexing the same in the nanle of the City of Roanoke, Virginia, as Grantor, and in the name of the applicant, and the names of any other pal1ies in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds arc recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's reccipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that if the ahove conditions have not been met within a period of twelve (12) months from the date of the adoption of tIllS ordin,mce, then such ordinance. shall be null and void with no further action hy City Conneil being necessary. BE IT rNALL Y ORDAINED that pursuant to the provisions of S 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: . tr]. fnOO'YV Stephanie M. Moon, C~ City Clerk. .\n:hih','l1Inll I~c\il'\\ n":11"(1 lIu:11"I1 tJl"/.ullin:.:.\ppl';lh I'JallUinl:l(ummi"iulI CITY OF ROA:'IiOKE PLA~~I~G BlIlLUlNG & ECONOMIC DEVELOPMENT 215 Chun'hAwl1uo. S.W.. Roolll 166 Roal1ok,'. "irgil1ia 24011 Tol,'pll<ll1o: (540) H53-1730 Fax: (540) H53-1230 E-mail: planning/~.roanokc\.a.AO\. February 20. 2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wishneff. Council Member Dear Mayor Harris and Members of City Council: Subject: Request from the City of Roanoke Redevelopment and Housing Authority to permanently vacate, discontinue and close the following: (1) a portion of 17<11 Street, S.W. beginning approximately 190 feet north of its intersection with the northern right-of-way of Salem Avenue and continuing in a northerly direction to its terminus at Westview Avenue; (2) a portion of 18th Street, S.W., from its intersection with the northerly right-of-way line of Westport Avenue to its terminus at Westview Avenue; (3) all of Westview Avenue, S.W.; and (4) a narrow, 380 foot long strip of varying widths, of Salem Avenue, beginning at the intersection of the northerly right-of-way of Salem Avenue and the westerly right-of- way of 1 ih Street and continuing along the northerly right-of-way of Salem Avenue to its intersection with the easterly right-of-way of 18th Street, S.W. Planning Commission Action: Planning Commission public hearing was held on Thursday, December 21, 2006. Bya vote of 6-0 (Mr. Butler abstaining). the Commission recommended that City Council approve the request. Background: The petitioner's request is in conjunction with a request to rezone the properties adjoining the subject rights-of-way. The petitioner intends to raze the existing structures of the Hurt Park public housing development and redevelop the site. The redevelopment of the site will include a realignment of the streets, which necessitates this request. Staff and the petitioner replied to several questions raised by the Planning Commission with regards to the overall development plan. However. no specific questions or concerns were raised specifically regarding the street vacation and realignment. Considerations: The parcels adjoining the subject rights-of-way are all zoned RM-2, Residential Mixed Density District. The petitioner's properties are used for multifamily rental housing; however all of the units are currently vacant. Staff received comments from AEP, Roanoke Gas Company, Verizon, and the Western Virginia Water Authority. With the exception of Roanoke Gas Company, all of these utility companies have facilities in the subject portions of rights-of-way and will need to retain a public utility easement. The City Traffic Engineer advised that the request would not pose any transportation issues. If its request is granted, the petitioner intends to improve and dedicate public rights-of-way to realign the streets that will serve the development. The petitioner's intention is to redevelop the site with each unit facing a public street. Several policies and action items from Vision 2001-2020 address the importance of streetscapes to neighborhood appearance and function: NH A14. "Increase infrastructure funding to improve and enhance existing neighborhood streets and streetscapes; explore alternative funding sources such as grants and private contributions." IN P3. "Land use and transportation plans. Transportation and land use planning will be integrated to promote compact urban development and reduce the frequency and length of automobile trips. Bicycle facilities and pedestrian improvements will be a fundamental part of land use and transportation planning." IN P4. "Parking. Roanoke will encourage on-street parking wherever possible and discourage excessive surface parking lots. Maximum parking standards for development outside of downtown will be established. Off-street parking will be encouraged to the side or rear of buildings." The Hurt Park/Mountain View/West End Neighborhood Plan contains action items specifically for streetscape improvements on Salem Avenue: "Coordinate new sidewalk and curb construction with repairs and the addition of amenities such as street trees. Retain grass buffer strips for street trees on sidewalk infill projects." 2 The petitioner's request is consistent with these policies and is also consistent with the City Design principles of Vision 2001-2020. The proposed realigned streets will have on-street parking and will be lined with trees and sidewalks. Hurt Park is a traditional neighborhood with a grid street pattern. The development of the Hurt Park public housing complex in 1968 deviated from the neighborhood's grid street pattern and housing style, with several apartment buildings placed around a central courtyard. The petitioner's realignment will restore the grid street pattern and integrate the development into the neighborhood. Recommendation: Bya vote of 6-0, the Planning Commission recommended approval of the petitioner's request to vacate, discontinue and close the subject portions of rights-of- way, subject to the conditions listed below, and further recommends that the petitioner not be charged for the value of the rights-of-way to be vacated, since a comparable amount of right-of-way will be improved and dedicated to the City if its request is approved. A. The applicant shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals of, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Said plat shall combine all properties which would otherwise dispose of the land within the right of way to be vacated in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right-of-way, including the right of ingress and egress. B. Upon meeting all other conditions to the granting of the application, the applicant shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the petitioner, and the names of any other parties in interest who may so request, as Grantees. The applicant shall pay such fees and charges as are required by the Clerk to effect such recordation. C. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant shall file with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. D. If the above conditions have not been met within a period of two years from the date of adoption of this ordinance, then said ordinance shall be null and void with no further action by City Council being necessary. 3 cc: Darlene L. Burcham, City Manager William M. Hackworth. City Attorney Petitioner Respectfully submitted. C?t~L-eJ A .~ Richard A. Rife, Agent Roanoke City Planning Commission 4 (.. '. It~ THE COUNCIL OF THE CI ry OF ROANOKE, VIRC;lhilA IN RE: FIRST AMENDED PETITION Application of: ] J Roanoke Redevelopment ] and Housing Authority ] F or vacation of portions of 17lh ] Street, 1Sth Street, Salem ] and Westview Avenues. SW ] APPLICATION FOR V/\CATING DISCONTINUING AND CLOSING OF portions of 171h Street, 1S'h Street Salem and Westview Avenues, SW MEMBERS OF COUNCIL: Roanoke Redevelopment and Housing Authority, Mr. Ellis Henry, applies to have 1S'" Street from Salem Avenue to i:s terminus at Westview Avenue: 17'" Street beginning approximately 190 feet north of Salem Avenue to its tern~im;s at Westview Avenue, a narrow strip of right-of-way alon~ Salem Avenue between 17lh Street and 1Slh Street, and Westview Avenue from 171h Street to 1S1 Street, in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.2-2006 and Section 30-14, Code of the City of Roanoke (1979), as amended. This street is more particularly described on the plat attached and as follows: A portion of 17'" Street, a 50 foot right-of-way, beginning approximately 190 feet north of Intersection with the northern right-of-way with Salem Avenue and continuing in a northerly direction to it's terminus at Westview Avenue: a por1ion of 18'" Street. a ~O foot right-of- way, from its intersc:clion with the northerly right-of-way ilne of Westport t,venue to its terminus at Westview Avenue. All of We~tview Avenue, a 50 foot right-cif-way fr0m Its begini:ing point at 17'" Street and continuing in a westerly direction to its terminus at 181h Street, A narrow strip of right-of-way along Salem Avenue. approximalely 20 feet wide and 380 feet in length, beginning at the intersection of the northerly right-of-way of Salem Avenue and the westerly right-of-way of 171h Street and continuing along the northerly right- of-way of Salem Avenue to its intersection with the easterly right-of-way of 1S'" Street More particularly described on tile plat. entitlc,d "Hurt r'ark l<ight-of,w<JY Vacation Plat", produced by Gay and Neel, Inc dated September 29, 2006. attached as Exhibit 1, Roanoke Redevelopment and Housing ,'\uthority stated that the grounds for this application are as follows: (3) (1) The landowners whose properties agjoin the parcels t_o be vacil.!",d (attilcheQ.J:yhibit 2) have been notified, The Roanoke Redevelopment and Housino Authority whose QIQIlertv abuts 80% of tbe lands to !Ie vacated. is, in aoreem_ent with the <umlication. Norfolk an(j Southern who is the only other adjQinino lilndovmer. ilnd accesses their lands from Westport Avenue. has not contactc:::d the Peli\/oner to voice any disaareement Thl'l...J2..CQRertv to be vacal.:-d is pre~ently beino l:scd_ 2.S acc('ss to the Hurt Ppr1<..J1Q\!2.1ng ComrJlex. which is curr~J:>.!lyJ;>..eino vac.;;ted and th~lf;'fore !,;ill no lonoer reouire access from these rfohts-of-way which are proposed to D.e vaciltc'd. The aoplic2nt desires to use the property to be vilcilted for a proPoo('d subdivision in which 17111 Street. 1&" !?freet ilnd '(vestview /\venye shall be re-alioned and re- constru,cted tQ."bettcr of;'rve the r,ropcs,ed devf.loSJIl"=nl inJ!..,manner more c.cnduci',e to the nec.ds_of The City 0f RO:lIloke. (2) , . . FIRST AMENDED PETITION Application for V;;cating, D:scontinuing and Clcsing of portions of 17"; Street, 1 SIr. Strcet, Salem and W~stview Avenues, SW Roanoke Redevelopment and Housing Authority Page 2 WHEREFORE, Roanoke Redevelopment and Housing Authority rEspectfully requests that the above-described street be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15,2-2006 and Section 30-14, Code of the City of Roanoke (1979), as amended, Respectfully submitled, /1-cl1-ob DATE I , -llis Henry Roanoke Redev pment and Housing Authority 7624 Salem Turnpike, NW I,oanoke, VA 24017 540,983-9281 NNv!f OF REPRESENTATIVE Gay and Nee!. Inc, 328 Mountain Avenue, SW r::oanoke, VA 24016 540-345-1110 540-245-5560 (fax) 2 Adjacent Prof}ertl' OWI/ers; Exhihit 2 i Tax NO.: St~eetAddressl ~Name;~~~~PMY __I!_~ailing Ad~ress f-- 121(1634 ! ROANOKE W::[j[VEI.Oi'I,1ENT P.O. BOX li359 I 1641 SA!. EM AV SW ~ AND HOUSING AUTHOi<lTY I,OANOKE, VA 24017 UNIr)[NTiFiCD TAX PARCEL ,-'NORFOLK & WES1[RN R-YCO-l-----,-10fRANKLiN ROAD Lr,ORF?LK & WESTERN RY", ,L .__A~n: BILL !ITI.I: _ ROANOKE, VA 24042-0028 II~l';-~''f\;:~U : ~ W~;~~~ . I :~~t4~!i"';i.~ ~;;;j:?? ;.!}':~:I liKJ' ,1,:!j)},;."(, ~~~: ~.~~'.,..:~~}~ i.);'-' ....1 I' I",;,l~ " . , ~1,JlI 1 ~,'?3 .. .- I 1 ~1 i~~ ' ~. ",. :..< ",'-". ~ i;~J: 1 ~'I !~'y!~ ' .. .~ e z' !;;i~1 ~~::: . . , < . i , i i , , ! i , " , ; ...~ i!:~ 1 E:~ - "' r ~ i ._ ~ i i e! f f. ~ ~' I c.' I i i ,I ~ i I ! 1 i: I~- i!I;:{i~!:~~:..I:-.!~~;:~!~;?~~~i{' ......" ". ' ' ''''''1 . .(:::.~,,',q: ;';.:.,~':~~'~';':!~::::'~ Il"-,,1"'.'..'.1-I-:,'....'."'..-.. , ' I'" ;; ~ l~ <.': I i"l i :;1 i~!:i,!!u 11 ~'. -, - . - ~ ~ ~ ~ !;i;;i:~;\;~;!1: 11;};i;;' ,,'o'i':'i~ = , '1'1~ 01 ' .L... (.i/~I/~~ OI'l~lf 1 ,l,',," ",I 1_J:"~_lJJJ ,....... ':~, .:~ ~,.. 11/::.............. 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'. .;. h ." r.~ ;'? : r' ~t ; I ' t' : I ' , , " , , /~..... .'/~ /. i 0,;, : , _OJ, ._.4 . ~ .. I ~~~~.'~_I;>~~~ ' < " ;>:: ;:' , : ~ ~ , " ~ : 0/," ': i_~': t ~:': N ,Ie '.: -,T . -, ,'- ';.~-fl ("~. '::J( !/::, I 'Z .. :'-:---- ~ .. .... ....._ _, ~ ",.-, 1.$ / ~ i/i--->. :~"i J . l< ~, ~ oJ......~. .. / '. ..., w ~.; .:~~ ~" .~ "'. ~..; .~.;.. ~. -; ;r ~ .1.1..... II' ...... I' .,.-:-: '. ~ ....,.. ti L _ ,. I ,1 '_ .. ,'. Ii . ~: l:~~ ~ . :.j i I ~ ~ II: \\., '/1""1- '."- . ... '. .. .-- -1- , -t. ,..::,........ ,t..'! -._:; ;z ~ r--"-,,,,=.,,,,-,"J.;~:,N--~-'} i . i It I ... II :1\ ~I ;,; :1 ~ . ;I! ;,L Ii:l 1, L j'll ~I:;;1~d I, ' ' I r .",.. "'I , ~ ':t ..,,'0" ,;. i' II ~Ic',:;;' Ii iI''> ) .~=. " II .h.", ._,_... . ____J " ./, :-' ~ .:.: ~, . .. c != ". , " ...,' '" .. ~ :. :.,- ..::; ., .., ,', .L .' " -.<' :.1' ~ ~ /"' --.:i':':~ :)[:, " _/ L.... ::! ~ ,.,1 ::! .7! ! ::1 L; ;1 I' " 'I I ,,',',_,'.,_~ I I.' ,.-~-'. ,.....,. ;... N. ~ .,'.. ~-~-- ; ,. .' >,' '" ! '-~ 'J ':. ... _ b I , ,; .-'''- ", /.. II ,." ,i I , I' I , !; i . ' . . . . '7f ;1 ': ;. h: .:.'l ~:; ; ;;~ I : I ! . ~,~ ~~r " " " " .t .-..-;:~ .1, 'j , I . . I '; ~ ,I' i: ~ .'- " 'I,". " ,..' . , c..~),: 't \' =" <: ~ ,~ o i ....,..... .... ~... .~-.... .! .,' j II ;'1; 1 I: '. " ,. . . , . .,,-_..~ ,. TIle ~oanake Tin~2 Roanoke, VlrgiIlla htfidavit of ?ubllcation The Roanoke Times ROANOKE REDEV. & HOU 2624 SALEM TURNPIKE ROANOKE VA 24017 REFEREXC=:, 8004213,1 10033563 NOTICE OF PUBLIC HEA S~ate of Virginia City of Eoanoke T, (the undersigned) an authorized rCPl'esenta.clve of the Times-World Corporation, which corporation ~~ Dublisher of the aoanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said ~ewspapers on :he following rJa'::es: Clt~'/County of Roa~oke, Commonwealth/State of Vir3i~la. Sworn a~d subscribed be~ore me thj.s _._~g~__day of January 2007. Witness my har;.d ar~ficial seal. , '/~MofJj(.~UL-'1~"~ DunLISHS~ ON, 12/29 01/05 "j .' TOTAL COST, FILED ON: 603.58 01/18/07 Aut.hot"ized Sign.3.:u~e: NOTICE OF PUBLIC HEARING The Council of thc City of Roanoke will hold il public hearingClnTue!'.day.Janumy 16.2007, at 7;00 p.m" or i1ssoonthNcaltcrasthej matterm.:lybehemcl,mthe Council Chall1ber. fojurth: Iloor. in thc 'loci c.TaYlorl Municipal BUilding. 215 Church A~enup.. S.W" Roanoke, Virginia. 10\ con<,;ider the following: ' 1.Rt!lluest frOM the City of Roanoke Redevelopm'ent j<lnd Housing Authority to rezoneiltraclnllilndlying: nearthelnt"rsecliunsol S.JIC'm AV!'nuc. S.W. WeHview A~enue. S.W.. Wcstport A~C'nut!. S.W.. 17th Strc<:CS:W:....ancl 18th IStreel. S.W. be<lrin:; the l$tfl:'el address 01-1641 5<1leni'Avp.nue. S.W.. andj : id..nlified m; Offici.:ll Tax No. 1210634, from RM-2. Residential Mi~tld Densit~ District. to \'IXPUD. Mi.\ed Use P I ann ~ dUn I t Development District. in order to creatc affordable houslngopportunitiCS<lnd::l communil~ center for thel Hurt P,lrkc:.ommunitY.:lndl bevond. 2.Requt:sllrom the CIly of [Roanoke Reclevelopmcnt\ and HOUSing Authority tOI pE'rm,lnently vacate, IdlscontirlUeandclosethe, lollowing: (1! iI portion ofl 17th Strt':et, S.W.. be~lnningl appro~imatelv 190 fcet north olit,;inte~ectlonwilh: the <lorthcrn nght-ol.w,1Y of S<l1 e m Ave n u e and, conltnulFlgin a northerly' direction to itstNminus 31 Weshiew Avenue: (2) a portion of 18th Strcct. S.W., from its intersection with the north~rly r1ght-of-wny line uf ; W~stpvr! 4~enue to its :Ierminlls <It Westview' ,Avenu~: '3) all 01 weShieWI [Avenue. S.W.: and ~~j a narrow. 380 foot long <;trip .01 varyin~ widths. 01 Salem IA~cnue. beginning <It the1 ; intl:'rs~ctilln of the northl'riy . right-of-way 01 Salem Avenue [and the westerlv right-of-wa~ or 17111 Sfr C(.t ,1nd ICU,.,li1'Uini:! :llong 11.1:\ northerly ri;:llt-of-w:lY of; Salem Avt'!nue to Itsl 'ir.tt'rsectionw!ththee.J!>tcrly i right 01 wav of 18th Sin,!':t. l5.W._..~_._._ ~oft'ii'ePl)lilion'i;: available fo' review in the OfficI.' of the City Clerk. I Room ~56. ';oel C. Taylor Municipal Building. 215 Church A~enuc. 5.W.. RO<lnoke. Virglni,1. I All parties In lnterest ilnd citizens m,w appcar on tlle~ abo~e date <lnd be hetlrd on I' the m.:lttt'!r. II VOil are Thursdav bcforp. Ihe dilte, of tht: hearing I:sted above. I GIVE~ under my h.Jnd this 22nd dav of December. [ 2006. I Stl:'ph.:lnie M. Moon, CMC \ ! Acting City Clerk. ~ 1:.~~0335.~~.___ 3illing Services Represe~tativc The Roanoke Times Roanoke, Virginia Affidavit of Publica~ion The Roanoke Times - - - - -.. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + - - ~ - - - - - - - - - - .. .. - - - - - - - - - MARY F. PARKER CITY OF ROANOKE CLERK'S OFFICE 215 CHURCH AVE SW RM 456 NOEL C. TAYLOR MUNICIPAL BLDG. ROANOKE VA 24011 REFERENCE: 32143302 10087630 NOTICE OF PUBLIC HEA State of Virginia City of Roanoke I. (the undersigned) an authorized representative 'of. the Time~-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Vi~l~ia, Sworn and subscribed before me this _J~_day of February 2007. Witness my hand ;jt~ official se~ ()~J _~__ __ _ ~ Nary Pu lic M~,;C~~Sion exp re _t~_~_~a__. ',; '.:. i?UBLI.f;HED, ON, 02/02 02/09 ,,' !. TOTAL COST, FILED ON, 586.00 02/15/07 . - ._~ ----------------+-----_.:.._------------ Authorized Signature:________ AfNotiCET9f1!iBMcIY >... HEARING "/t" '.i~' .~ ~lrhe.COU[lcil& he CIMot ;RhA~}."~' a,l!u.I?E~, 'ear: es""day';' ,,februu 20 7a.~~~?:Q!-!' .~~~ as oon th~re"i1f1er. . a[th.t.I1'lB..!!!:!!!rm1y,b!:!l-;cif.~,! ,1Q,;..tlle CouncJ1JCh<:ll!l~er,' ~to!!rtfj flW1iiJl!h~~o.e!~.C:; ITi:ly~or Municip..ill1~ild!ng, . .21:M.[ulID:!lAvenu('~S:\ltl ~R o~a n'o'If~V.i i--!iln r5l.:~to' icori~!~~~cinoWiiig:i.'I!~'r1. ~~l~Raquest.fro1ii'"the City of 'B.g.'ll)o.ill.l$diFl'p'iiiij~n~. und Houslng'A'U[tiorit~~to .rezolle a li1itl~aWd:I'iir;~ :n]'jlr :hc iiiters('p~u~s~~. :S:q,L!'!!" Av.~~.~.~.~w.\:. ;Westvle . Avenue~'S:W:-:- !WestiTh'il:'Avenue:".s:yl~Htli~ . S'ije et.~.~W~li.~~,:fS t.!i iStreel' S.W~artng;tl1e ;st1C1t ailaress(o'ff1641: . ~a.ili~ Avenue~~~W~?~~d. 'lden!lfleU~~OtfIClal:Ta~:NO~ :('irb~~.!. fi]1ri'R_l!1;.2.~ Reslct!ntr<ll !VIiJledfOenslty O.!sfriCt~to MXP.Ul:!nM.i.~d .1J..5'e P. I a .!JJn~e.~.~~n'i[! OeveIClp'menlI!.li:;trtct~in O!.!!.?"i!~tCr'Cat~aftor~.~~ti!t ~!l:~S.illg~p'p'ortunit;~a_t:lil:a. '[ c9_'!Im~ityTCeiiterl,fo..r&!h.a Hurl Eilrk commClnitviand be:YonCl. '-_.~~. 'fr~2,Rcqucst.o!ro..uw:'lf;Cllvof. RoiriOmReile~etup.ment I criijl-'Ho\.;singl~iilnori"tY;.!9 p~..!i.!!l.c1r.cnUY v<.!~.ltteJ I disC22.n!j!I"i!cT"!n~ pJ!?s~J~!le ,lollow;ng:li:1;Ta portton,of 1)J.l.~ecl!~S..:.W., beAi~(Dg approximatcl\' 190;.,feet 1"!iO:~fii!Eint~~eE!-i~f!:~i.!.h' ,t~~/northf.'rlllt!gl1t~Of.:~Y ~~f,: Isaj,l.e...!!la!'~.e...a'n'dl 'continulng in a ~orth-erly ~ i:U~t1.qn tJits term.0.ils:a(, i~~s~.wi""~..r.fn~:~l2.i~, ,por:iol4,of Wll1Street~S:~.,! l.f@lil!fs..!etetSectiOriiYiith~l1e! .r:'lWihtll!~:.!@i:~f-wa}"JI@"! oJ., I wmpor.t~\fenUedo~itS' ,t-;rmi'ii'US ittlW~X~! ejor ,A.~e: :3: all~estvi.~~ I rA'ienue, S.W.:.arB!J(4!.-a 'l:narrOW~801tP:"@@ngistiiP "ot~inl:ii.La.~f@f~aW!!!: A\fenuro('A:nntl1Aralltn~ ,!ii_t~J!.('ctionlof;1..h~i!~f!ly. :righ!~o~y..qf.i.S!!!.~.m. ~~\Dill:. 1'~~1.the,~s:eOY~G~t-of..w3Y \!:'.1-.,1.~7L~I..S~e~e.!r:a'n.~ 'cont I r, u I n 81.i11 0 ngl~t h e ~northerly:u'!'3~!~wa-Y1ot :~.~I.e~.e Il.u f!.1~~;".w.~' .!nte.rsecJl~!li..\!!I~,thPtaS!t;.~I)' rig!!t''iif,way. of !18th .Streel.~ S.W.~i~~ll~:j;;I::~::. '!-'.i'AifO'PY :of~1 he'1'~etli:ion1 isl 'avil!!.W,~:!~r4{.~~~Wiiik~(1 ror.!~ ~~/'O f J,I h P...,{: I t y~ C ~~r ~ "1 , RoomA56:'1!'.oel[C...Ta~lor,. ~ M iiiilc i'p-al-Sui Ii:! in g~215' jC~_wtirA~~.~ue. S.Wl!l!l ,Roan~"'\ Irgml~. . mtp.res!and :~~i!!!.t 1!!':,.a!IQ]j":thI . aljo~e albe1!.cilrd'On. ill~}!ha..!~er. 1.!ly~u'f~!J:@~ l:p.!!.,!O]l,!!lth~.;].~il!!-Y,~~2. I.n~~_C1lli!E~mm.2lli!..tio~.M9rl' ttl1!~.ti~aringflHt:.aserc~_n.t~cl . ~ttie~.ptYlCle.!;!l's Off!.s~~~J JS53.2.Ml'WP:1,lrl:! nD..g!l!P!l \th~Th'ursdav.i9cfora~heilate "'lIt;t11C1lieiiir.g IIstP.i1..~.!?1iv~. GIV~~ill;:mdi:his 31st~av..!j.wanuurv-':200t. ~,=IC;~~100]."~~C -. Actmg.Clty.elerk:. .tl00S~630) . Billing Services Representative ~-~ -< -0 C) ,.- rT> ~ ~:~l -n f"n 0:1 1--"" [J"! ~~ C;:, r\J ell [""I.J / ,,'\ ,,' ,v c.) t:v' "~ "!OTlCE OF PlJBLlC IIEARIl'iG The Council of the City of Ro:ulLlke will hold a public hearing on Tuesday. February 10. 2007, at 7:00 p.m., or as soonlhereafter as the matter may be heard, in the Council Chamber, fourth floor, inlhe I\oel C. Taylor !'vlunieipal Building, 115 Church Avcnue. S.W., Roanoke. Virginia, to consider Ihe following: 1. Reljul,st from the City of Roanoke Redevelopment and Housing Authority to rezone a trad of land lying ne,lf the intersections of Salem Avenue. S.W., Wcstview Avcnuc, S.W.. Westport l\.\'cnuc, S.\V., l7'h SU'cd, S.W., and 18,1, Street, S.W.. bcaring the street addrc'ss of 1641 Salem A\'cnuc. S.W.. and identified as Oftieial Tax 1\0. 1210634, from RM-1. Residcntial Mixed Density Distliet, to MXI'UD, \1ixed Use Planncd Cnit Development District. in order to create aflim!ablc housing opportunities and a eomlJlunity center lor thc Hurt Park community and beyond. , Request from the City of Roanokc Redcvclopmcnt and "Iousing Authority to pennanently vacate. discontinue and dose the following: (I) a portion of 17'11 Strcet, S. W., heginning approximately 190 feet north of its intcrsection with the northern right-of-way of Salem Avenue and continuing in a northerly direction to its tenninus at West\'icw Avcnue; (2) a portion of 18'h Street, S.W.. li'om its intersection with the northerly right-ol~way line of West port A venuc to its tl'nniuus at \Vcstvicw Avenue; (3) all of \Vcstview Avenue, S. W.; and (4) a narrow. 380 loot long strip llf varying widths, of Salem A \'enue, beginning at the intersel,tion of the northerly right-of- way of Salem A \'cnue and the westerly right-of-way of l7'h Street allll continuing along the northcrly right-ot~way of Salem Avenue to its intcrscetion with the easterly ri~ht-ot~wav ot' [S'" Street. S. W. -... -' A copy ofthc petition is a\'ailable for review inthc Oflicc oflhe City Clerk. Room456, Noel C. Taylor \1unieipal Building. 215 Church A\'Cnue. S.W.. Roanoke, Virginia. All parties in intcrest and citizens may appear onlhc abo\'e date and be heard on the maner. [I' you are a person with a disability \I ho nC'\x!s aeeommo(btions lor this hearing, please contact the, City Clerk's Oflice, at 853-2541, bdlJre noon on the Thursday be lore the date of the hearing listed above. GIVEI\ under my hand this 3l.".t. day Ot'...1..a1)\!.ar:y ,10[)7, Stephanic M. Moon, CMC Acting City Clerk. Notice to Publisher: Publish in the Roanoke Times once on Friday, February 2, 2007 and Friday, February 9,2007. Send bill and affidavi I to: Stephanie M. Moon, Acting City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 II ..' . ~ ~D ' CITY OF ROANOKE OFFICE OF THE CITY CLERK 115 t"hllrl"h ,henlle, S. W.. Room 456 Roanoke. Virginia 24011-15.'6 Tl'h'phonc: 1'::;411) K5.~-25.U Fux: (541)1 R53-11-1.!'i E-mail: d(.rkl.;j.rounukt.\a.gm. SIIEIL\ ~. IIARBIAN Assishmt Cily Cll'rk STEI'II.~'1m \1. MOO'l. ole Adill~ Cit~' Cluk January 5, 2007 File #514 Ellis Henry, Executive Director Roanoke Redevelopment and Housing Authority 2624 Salem Turnpike, N. W. Roanoke, Virginia 24017 Dear Mr. Henry: Pursuant to provisions of Resolution No.2 5 52 3 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Tuesday, January 16, 2007, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on the request of the Roanoke Redevelopment and Housing Authority that portions of 1 7'" Street, 18'" Street, Salem Avenue and Westview Avenue, S. W., be permanently vacated, discontinued and closed. For your information, I am enclosing copy of a report of the City Planning 'Commission and a notice of public hearing. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 540-853-2431. Questions with regard to the City Planning Commission report should be directed to the Department of Planning, Building and Economic Development at 540-853-1730. It will be necessary for you, or your representative, to be present at the January 16 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, .~.~ Stephanie M. Moon, CMC Acting City Clerk SMM:snh Enclosure .~~~ .. , . '3.', . ~ ~-G " CITY OF ROANOKE on.'ICE OF THE CITY CLERK 215 Church Avenue. S. W.. Room 456 Roanoke. Virginia 241H 1-153(j Tt'leIJ!lone: (5~O) 8.5.\.2::4. b.n:: 15-10) 853-1I4.!' E-Illllil: derk~i rocllwL\t., a.go" sm:U.A :'/. HARD\,\:,/ ..\s.,islanl Cit~. ('h~rk STEPIIA;r\1E \1. l\IOO;r-.;. C\IC Ading City Clerk January 5, 2007 File #514 Norfolk & Western Railway Company Attention: Bill Title Patricia Huling Anthony J. Ross and Camille M. Hutchinson Jimmy Cook Norma Smith Christine Williams Cheryl Ramsey Ladies and Gentlemen: Pursuant to provisions of Resolution NO.2 5 523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Tuesday, January 16, 2007, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on the request ofthe Roanoke Redevelopment and Housing Authority that portions of 17'" Street, 18th Street, Salem Avenue and Westview Avenue, S. W., be permanently vacated, discontinued and closed. This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning, Building and Economic Development at 540-853-1730. If you would like to receive a copy of the report of the City Planning Commission, please call the City Clerk's Office at 540-853-2541. Sincerely, ~~.~~ Stephanie M. Moon, CMC Acting City Clerk SMM:snh ;'.:; Norfolk & Western Railway Company Attention: Bill Title 110 Franklin Road, S.w. Roanoke, VA 2,4011 Patricia Huling 34 Queen Street Mt. Clemons, :MI 48043 , Anthony J. Ross and Camille M. Hutchinson 121 18'h Street, S.W. Roanoke, VA 24016 Jimmy Cook .; HPNA. .: 1814 Salem Avenue, S.W. Roanoke, VA ~4016 .- Norma Smith " ,11 14'h Street,; s.w. Roanoke, VA 24016 . - Christine Williams 1907 Salem Avenue, S.W. Roanoke, VA 24016 Cheryl Ramsey RNA Rep 13140 Moorman Road, N.w. Roanoke, VA ?,4017 ~ .' .' ~; .' ,. , ,; CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church A,enue, S. W., Room 45(, Rn:lDoke, Virginia 241l11-15.'6 Tdl'phone: (5-t1l1 H5.'.;!:S41 Fax: f5"OI85.\-11"'~ F.-mnil: c1erk(\trnanokl','a,go\ SHElLA:-I. HARHIA:-I As!'>i!'>t:ml City Clerk STEI'IL\:-IIE ". ~Ion:-l. Ole Ading Cil) Clerk December 1, 2006 File #514 Richard A. Rife, Chair City Planning Commission 1326 Grandin Road, S. W. Roanoke, Virginia 24015 Dear Mr. Rife: Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a First Amended Petition received in the City Clerk's Office on December 1, 2006, from the Roanoke Redevelopment and Housing Authority requesting that portions of 17'" Street, 18'h Street, Salem Avenue and Westview Avenue, S. W., be permanently vacated, discontinued and closed. Sincerely, ~ tn. Y'()O~ Stephanie M. Moon, CMC Acting City Clerk SMM:ew Enclosures pc: The Honorable Mayor and Members of the Roanoke City Council (w/o enclosures) Ellis Henry, Executive Director, Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 (w/o enclosures) Susan S. Lower, Director, Real Estate Valuation Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney L \('lIR};iI1A'1 .~\L'r-.;L \\ : '.RI!:'!(l~Jrt,(j .\:-;n ST~.Er.T ('1 (J$~ '~".\1l,'" :,j,:::, - SIl~~1 :\.ky (If,i'''~:~lIn..; 17th : ~:I:,: II h:~ I .Hll":l:trn"II:.~:''': NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING COMMISSION TO WHOM IT MAY CONCERN: The City of Roanoke Planning Commission will hold a public hearing on Thursday, December 21,2006, at 1 :30 p.m., or as soon as the matter may be heard, in the City Council Chamber, fourth floor. Noel C. Taylor Municipal Building, 215 Church Avenue, S.w., Roanoke, Virginia, to consider the following: 1. Request from the City of Roanoke Redevelopment and Housing Authority to rezone a tract of land lying near the intersections of Salem Avenue, S.W., Westview Avenue, S.W., Westport Avenue, S.w.,17'h Street, S.w., and 18th Street, S.w., bearing the street address of 1641 Salem Avenue, S.W., and identified as Official Tax No. 1210634, from RM-2, Residential Mixed Density District, to MXPUD, Mixed Use Planned Unit Development District, in order to create affordable housing opportunities and a community center for the Hurt Park community and beyond. 2. Request from the City of Roanoke Redevelopment and Housing Authority to permanently vacate, discontinue and close the following: (1) a portion of 17'h Street, S.W., beginning approximately 190 feet north of its intersection with the northern right-of-way of Salem Avenue and continuing in a northerly direction to its terminus at Westview Avenue; (2) a portion of 18th Street, S.w., from its intersection with the northerly right-of-way line of Westport Avenue to its terminus at Westview Avenue; (3) all of Westview Avenue, S.w.; and (4) a narrow, 380 foot long strip of varying widths, of Salem Avenue, beginning at the intersection of the northerly right-of-way of Salem Avenue and the westerly right- , of-way of 1 yth Street and continuing along the northerly right-of-way of Salem Avenue to its intersection with the easterly right-of-way of 18th Street, S.w. Copies of the petitions are available for review in the Department of Planning Building and Economic Development, Room 166, Noel C. Taylor Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person with a disability who needs accommodations for this hearing, please contact the Department of Planning Building and Economic Development at 853-1730 before 12 noon on the Tuesday before the date of the hearing listed above. Martha P. Franklin, Secretary , City Planning Commission ------------------------------------------------------------------------------------------------------------ Please print in newspaper on Tuesday, December 5 and December 12, 2006 Please bill: Ellis Henry, Executive Director Roanoke Redevelopment and Housing Authority 2624 Salem Turnpike, NW Roanoke, VA 24017 (540) 983-9281 Please send affidavit of publication to: Martha P. Franklin Department of Planning Building and Economic Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE CLOSURE REQUEST OF: RRHA for portions of 17th and 18th, Salem and Westview, SW )AFFIDAVIT COMMONWEALTH OF VIRGINIA CITY OF ROANOKE ) ) TO-WIT: ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke. she has sent by first-class mail on the 27th day of November, 2006. notices of a public hearing to be held on the 21st day of December, 2006, on the request captioned above to the owner or agent of the parcels listed below: Tax No. Owner Mailinq Address Norfolk & Western RY CO Attention: Bill Title 110 Franklin Road, SW Roanoke, VA 24011 1311511 Patricia Huling 34 Queen Street Mt. Clemons, MI 48043 1311510 Anthony J. Ross Camille M. Hutchinson 121 18th Street, SW Roanoke, VA 24016 Notice also mailed to: Jimmy Cook, HPNA, 1814 Salem Avenue, SW, 24016; Norma Smith, 11 14th Street, SW, 24016; Christine Williams, 1907 Salem Avenue, SW, 24016; and Cheryl Ramsey, RNA Rep, 1314D Moorman Road, 24017 XiL<J::t~ ;1 ~4-~ Martna Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 27th day of November, 2006. ~ULl!A. Co cJA~) Notary Public My Commission Expires: a J d-.f } 0 7 CITY OF ROANOKE o.FFICE OF THE CITY CLERK 215 Church A ,'cnue, S. W.. Room 456 Roanoke, Virginia 24(111-1536 Tt:ll'phone: IS-IO) H53-2S-t1 Fax: (S4U)H::3-II-1S E-muil: dt'rk(~'roanoke"a.gO\: SHEILA N.IlAHT\1A1" As.o;;islanl Cily Clerk STF.I'HAI\'IE M. MOO:-l, ('Me :\ctin~ Cit}' Clerk November 3, 2006 File #514 Richard A. Rife, Chair City Planning Commission 1326 Grandin Road, S. W. Roanoke, Virginia 2401 5 Dear Mr. Rife: Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an application received in the City Clerk's Office on November 3, 2006, from the Roanoke Redevelopment and Housing Authority requesting that portions of 17'" Street, 18'h Street, Salem Avenue and Westview Avenue, S. W., be permanently vacated, discontinued and closed. Sincerely, '~.~hv Stephanie M. Moon, CMC Acting City Clerk SMM:ew Enclosures ~ pc: The Honorable Mayor and Members of the Roanoke City Council (w/o enclosures) Ellis Henry, Executive Director, Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 (w/o enclosu'res) Susan S. Lower, Director, Real Estate Valuation Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney 1.:\0 .I'.I-tK\IJ,\TAiCKF.WI\HEZO:'\"I;.lfi ,\.\!I) ."T~i.l'Tf'I.O~lIIU:\k..mn;:lr.' Si:~-' Ah~y 0(,\\"",:11.:1;; !iih :.~lh Sl rrh.l d.,,' IN RE: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA (llJtTJer ] ] ] ] ] ] APPLICATION FOR VACATING DISCONTINUING AND CLOSING OF ~ortions of 1?,h Street, 18t Street, Salem Avenue and Westview Avenue Application of: Roanoke Redevelopment and Housing Authority For vacation for portions of 1?,h Street, 18th Street and Westview Avenue MEMBERS OF COUNCIL: Roanoke Redevelopment and Housing Authority, Mr. Ellis Henry, applies to have 18th Street from Salem Avenue to its terminus at Westview Avenue; 1?,h Street beginning approximately 190 feet north of Salem Avenue to its terminus at Westview Avenue and Westview Avenue from 17th Street to 18th Street, in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.2-2006 and Section 30-14, Code of the City of Roanoke (1979), as amended. This street is more particularly described on the plat attached and as follows: A portion of 17th Street, a 50 foot right-of-way, beginning approximately 190 feet north of Intersection with the northern right-of-way with Salem Avenue and continuing in a northerly direction to it's terminus at Westview Avenue; a portion of 18th Street, a 50 foot right-of- way, from its intersection with the northerly right-of-way line of Westport Avenue to its terminus at Westview Avenue. All of Westview Avenue, a 50 foot right-of-way from its beginning point at 1?,h Street and continuing in a westerly direction to its terminus at 18th Street. A narrow strip of right-of-way along Salem Avenue, approximately 20 feet wide and 380 feet in length, beginning at the intersection of the northerly right-of-way of Salem Avenue and the westerly right-of-way of 1?,h Street and continuing along the northerly right- of-way of Salem Avenue to its intersection with the easterly right-of-way of 18th Street. More particularly described on the plat, entitled "Hurt Park Right-of-way Vacation Plat", produced by Gay and Neel, Inc. dated September 29, 2006, attached as Exhibit 1. Roanoke Redevelopment and Housing Authority stated that the grounds for this application are as follows: (1 ) (2) (3) The landowners whose properties adioin the parcels to be vacated (attached Exhibit 2) have been notified. The Roanoke Redevelopment and Housinq Authoritv whose propertv abuts 80% of the lands to be vacated, is in aqreement with the application. Norfolk and Southern who is the onlv other adioininq landowner, and accesses their lands from West port Avenue. has not contacted the Petitioner to voice anv disaqreement. The property to be vacated is presently beinq used as access to the Hurt Park Housinq Complex, which is currently beinq vacated and therefore will no lonqer require access from these riqhts-of-way, which are proposed to be vacated. The applicant desires to use the property to be vacated for a proposed subdivision in which 17th Street. 18th Street and Westview Avenue shall be re-alioned and re- constructed to better serve the proposed development in a manner more conducive to the needs of The City of Roanoke. , ". Application for Vacating, Discontinuing and Closing of portions of 17th Street, 18th Street and Westview Avenue Roanoke Redevelopment and Housing Authority Page 2 WHEREFORE, Roanoke Redevelopment and Housing Authority respectfully requests that the above-described street be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.2-2006 and Section 30-14, Code of the City of Roanoke (1979), as amended. Respectfully submitted, ;;}IM~A"d/ <Ie Mr. Ellis Henry Roanoke Redevelopment and Housing Authority 2624 Salem Turnpike, NW Roanoke, VA 24017 540-983-9281 fa 131)bf., DATE NAME OF REPRESENTATIVE: Gay and Neel, Inc. 328 Mountain Avenue, SW Roanoke, VA 24016 540-345-1110 540-345-5560 (fax) 2 Adiacellt Properfv OWllers; Exhibit 2 Tax No.1 Street Address Name of Property Mailing Address Owner ..-. 1210634 ROANOKE REDEVELOPMENT P.O. BOX 6359 1641 SALEM AV SW AND HOUSING AUTHORITY ROANOKE. VA 24017 .....--.. UNIDENTIFIED TAX PARCEL NORFOLK & WESTERN RY CO 110 FRANKLIN ROAD NORFOLK & WESTERN RY Alln: BILL TITLE ROANOKE. VA 24042-0028 ~, . , 1 , ~ ~ , ~z.~ ~~Ef:~f;~,::;iL ~ .. i , , ~ , ,} --I- _ ....--- -~--- :;-.$"'"-- ~, :=; ~-<i-~--_. :-;j--- 3 ... -- -;;-:--~'L '" UH~! 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I ~~ ~ I ",'" I~ , ~t i~ . ,"n Ix ' ~ \J..'v''\ NOTICE OF PUBLIC HEARING The Council of the CityofRoanoke will hold a public hearing on Tuesday, January 16,2007, at 7:00 p.m.. or as soon thereafler as the matter may be heard, in the Council Chamber, fourth Ooor, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider the following: I. Request from the City of Roanoke Redevelopment and Housing Authority to rezone a tract of land lying near the intersections of Salem Avenue, S.W., Westvie\V Avenue, S.W., Westport Avenue, S.W., 17th Street, S.W., and 18'h Street, S.W., bearing the street address of 1641 Salem Avenue, S.W., and identified as Official Tax No. 121 0634, from R.1vl-2, Residential Mixed Density District, to MXPUD, Mixed Use Planned Unit Development District, in order to create alTordablc housing opportunities and a community center for the Hurt Park community and beyond. 2. Request from the City of Roanoke Redevelopment and Housing Authority to pernlanently vacate, discontinue and close the following: (1) a portion of] 71h Street, S.W.. beginning approximately 190 feet north or its intersection with the northern right-of-way or Salem A venue and continuing in a northerly direction to its terminus at Westview Avenue; (2) a portion of 18th Street. S.W., from its intersection with the northerly right-of-way line of West port Avenue to its tenninus at Westview Avenue; (3) all of Westview Avenue, S.W.; and (4) a narrow, 380 foot long strip of varying widths, of Salem Avenue, begilming at the intersection of1he northerly right-of- way of Salem A venue and the westerly right-of-way of 17'h Street ,md continuing along the northerly right-of~way of Salem Avenue to its intersection with the easterly right-of~way of 18th Street, S.W. A copy of the petition is available for review in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 2 I 5 Church Avenue, S.W., Roanoke, Virginia. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at 853-2541, before noon on tbe Thursday before the date of the hearing listed above. GIVEN under my hand this 22ncklayof December ,2006. Stephanie M. Moon, CMC Acting City Clerk. I\:otice to Puhlisher: Please publish in Ihe ROllnoke Time.\' onec on Friday, Decembcr 29. 2006, and once, on Friday. -'anumy 5, 2007. Please scnd affidavit to: Slcphanie M. MOl"l, C:-'1C Acting City Clerk 215 Church A\'enue, S. W., RO(l1ll 456 Roanoke, Virginia (540) 853-254 I Please send bill to: Ellis Henry, Executive Director Roanoke Redeveloplllent and Housing Authorily 2624 Salem Turnpike,!\'. W. Roanoke, Virginia 24017 ,pm~ - ,. ( ::Ii'<l ~, "- ~'@ , CITY OF ROANOKE OFFICE OF THE CITY CLERK 21S Church Avenue. S. W.. RO"Tl1 ..Sf, Roanoke. Virginia .:!4011-1536 T~h:ph(lnl:: (5.ln) X5~-2541 Fax: (5-!.(Jl g5.~-11..!5 Email: I.:krk(!rfllanllk~'\"a.J:l'\ SHEII..,\ r;, H,\RT~I.-\N As~i.~tanl Cit) Ckrk STEPH,,,I';IE \1 ~IOOr;. Oil' <:IlY Clerk February 26, 2007 File #53-60-553 CIRCUIT COURT Received & Filed /~ 3ol?n The Honorable Brenda S. Hamilton Clerk of Circuit Court Roanoke, Virginia Dear Ms. Hamilton: I am attaching a certified copy of Resolution No. 37689-022007 authorizing issuance of $2...6.Jnillion, principal amount of general obligations of the City of Roanoke, Virginia, in the form of General Obligations Public Improvement Bonds of the City, for the purpose of providing funds to pay costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public parking facilities of and for the City. Pursuant to provisions of Section 11 of Resolution 37689-022007, I am required to file a certified copy with the Circuit Court of the City of Roanoke, Virginia, in accordance with Section 15.2-2607, Code of Virginia, 1950, as amended. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Tuesday, February 20, 2007. Sincerely, - m. fr10\>Yv ep anie M. Moon, CMC C City Clerk SMM:ew Attachment The Honorable Brenda S. Hamilton February 26, 2007 Page 2 pc: Donald G. Gurney, Esquire, Hawkins, Delafield & Wood, LLP, 67 Wall Street, 11 ,h Floor, New York, New York 10005 Sean E. Ekiert, CFA, Senior Vice President, Public Finance Group, 909 East Main Street, 8th Floor, Richmond, Virginia 23219 Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget R. Brian Townsend, Acting Assistant City Manager for Community Development Robert K. Bengtson, P.E., Director of Public Works Deborah J. Moses, Hotel Roanoke Conference Center Director Philip C. Schirmer, P.E., L.S., City Engineer ~' IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of February, 2007. No. 37689-022007. A RESOLUTION AUTHORIZING THE ISSUANCE OI? TWO l\HLLlON SIX I1t:NDRED THOUSAND DOLLARS ($2,600,000) PRINCIl'AL AMOUNT OF GENERAL OBLIGATIONS OF TIlE CITY OF ROANOKE, VIRGI;,\/IA, IN THE FORM OF GENERAL OBLIGATION PUBLIC I:YIPROVEME;'\/T BO;,\/DS OF SUCH CITY, FOR THE PURPOSE OF PROVIDING FUNDS TO PAY THE COSTS OF THE ACQUISITION, CONSTRUCTION, RECONSTRt:CTION, IMPROVEMENT, EXfENSION, ENI.ARGEMENT AND EQL'IPPING OF VATUOUS PUBLIC PARKING FACILITIES OF AND FOR SUCH CITY; FIXING THE FOlUl, DENOMINA nON AND CERTAIN OTHER DETAILS OF SUCH BONDS; PROVIDI;,\/G FOR THE SALE OF SUCII BONDS; AUTHORIZING THE PREPARATION OF A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT RELATING TO SUCH BONDS AND THE DISTRIBUTION THEREOF 1\1\'D THE EXECUTION OF A CERTIFICATE RELATING TO SUCH OFFICIAL STATEMENT; AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTI;,\/UING DISCLOSURE CERTIFICATE RELATING TO SUCH BONDS; AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SALE OF A LIKE PRINCIPAL AMOUNT OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE Ai'lD SALE OF SVCH BONDS; DELEGATING TO THE CITY MANAGER AND THE DIRECTOR OF FINANCE CERTAIN POWERS WITH RESPECT TO THE SALE AND DETERMINATION OF THE DETAILS OF SUCH BONDS AND NOTES; AND OTHERWISE PROVInIl'\G WITII RESI'ECT TO THE ISSUANCE, SALE AND DELIVERY OF SUCH BONDS AND l'\OTES WHEREAS, in thc judgment of thc Council (thc "Council") of the City of Roanokc, Virginia (the "City"), it is desirable to authorizc the City to contract a debt and to authorize the issuance of $2,600,000 principal aInount of general obligations of the City, in the form of Gencral Obligation Public Improvement Bonds of the City, for the purposc of providing t1.mds to pay thc costs of thc acquisition, construction, reconstruction, improvement, extcnsion, enlargemcnt and equipping of various public parking facilities of and for the City and to authorize the issuance of a like principal amount of General Obligation Public Improvement Bond Anticipation Notes in anticipation of the issumce of such Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: SECTION 1. (a) Pursuant to Chapter 26 of Title 15.2 of thc Code of Virginia, 1950, the same being the Public Finance Aet of 1991 (the "Public Finance Ad of 1991"), for the purpose of providing funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public parking facilities of and 516291.1 029719 RES lor the City, the City is authorized to contract a debt and to issue 52,600,000 principal amount of general obligation bonds of the City to be designated and known as the "City of Roanoke, Virginia, General Obligation Public Improvement Bonds" (referred to herein as the "Bonds"). (b) The Bonds shall be issued fUld sold in their entirety at one time, or from time to time in part in series, as shall be detemlined by the Director of finance. There shall be added to the designation of the Bonds a series designation determined by the Director of Finance. The Bonds shaH be issued in fully registered form in the denomination of $5,000 each or any whole multiple thereof. The Bonds of a given series shaH be numbered fr0111 No. R-I upwards in order of issuance. The Bonds shall bear interest from their date payable on such date and semiannually thereafter as shall be determined by the City Manager and the Director of Finance in accordance with the provisions of Section 7 hereof. The Bonds of each series shall be issued in such aggregate principal amounts (not exceeding the aggregate principal amount specified in Section I(a)); and shall mature on such dates and in such years (but in no event exceeding forty (40) years from their date or dates), and in the principal amount in each such year, as shall be ddennined by the City Manager and the Director of Finance in accordance with the provisions of Section 7 hereof. Interest on the Bonds shall be calculated on the basis of a three hundred and sixty (360) day year comprised of twelve (12) thirty (30) day months. ( c) The Bonds (or portions thereof in installments of $5,000) shall be subject to redemption at the option of the City prior to their stated maturities, in whole or in part from time to time on any date, in such order as may be determined by the City (except that if at any time less than all of the Bonds ofa given maturity are called lor redemption, the particular Bonds or portions thereof in installments of$5,000 of such maturity to be redeemed shall be selected by lot), upon payment of such redemption prices (expressed as a percentage of the principal amount of the Bonds to he redeemed), together with the interest accrued thereon to the date fixed for the redemption thereof, as shall be determined by the City Manager <lIld the Director of finance in accordance with the provisions of Section 7 hereof. (d) (i) If any Bond (or any portion of the principal amount thereof in installments of $5,000) shall be called for redemption, notice of the redemption thereof, speei eying the date, number and maturity of such Bond, the date and place or places fixed for its redemption, the premium, if any, payable upon such redemption, and if less than the entire principal amount of such Bond is to be redeemed, that such Bond must be surrendered in exehange for the principal amount thereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion of the principal anlOunt thereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date lixed for redemption, by lirst class mail, postage prepaid, to the registered owner thereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty-fifth (45th) day next preceding the date lixed for redemption. If notice of the redemption of any Bond shall have been given as aforesaid, and payment of the principal amount of such Bond (or the portion of the principal amount thereof to be redeemed) and of the accrued interest and premium, if any, payable upon such redemption shall have been duly made or provided for, interest thereon shall cease to accrue from and after the date so specified lor the redemption thereof. -2- 516191.1 019719 RES (ii) So long as the Bonds are in book-entry only foml, any notice or redemption shall be given only to The Depository Trust Company, New York, New York CDTC"), or to its nominee. The City shall not be responsible tll!' providing any beneficial owner or the Bonds any noticc o I' redemption. SECTION 2. The full raith and credit of the City shall be and is irrevocably pledged to the punctual payment of the principal or and premium, if any, and intcrest on the Bonds as the samc becomc duc. Tn cach year while the Bonds, or any or them, are outstanding and unpaid, thc Counci I shall be authorized and required to levy and collect annually, at thc same time and in the same matUlcr as othcr taxes of the City are assesscd, levied and collectcd, a tax upon all taxable property within the City, over and abovc all other taxcs, authorized or limited by law and without limitation as to ratc or amount, sufficicnt to pay when due the plincipal or and premium, if any, and interest on the Bonds to the extent other runds of the City are not lawrully available and appropriated for such purpose. SECTION 3. (a) The Bonds shall be executed, tor and on hehalf of the City, by the manual or facsimile signature of the Mayor and shall have a facsimile or the corporate seal of the City imprintcd thereon, attested by the manual or facsimile signature of the City Clerk. (b) The Director of Finance is hereby authorized to appoint a Registrar and Paying Agent for the Bonds (the "Registrar"). (c) The Director of Finance shall direct the Registrar to authenticate the Bonds and no Bond shall be valid or obligatory for any purposc unless and until the certificate of authentication endorscd on each Bond shall have been manually executcd by an authorized signatory of the Registrar. Upon the authentication of any Bonds the Registrar shall insert in the certificate of authentication thc date as of which such Bonds are authenticated as rollows: (i) if a Bond is authenticated prior to thc lirst interest payment dalc, the certiticate shall be datcd as of thc date of the initial issuancc and delivery of the Bonds of the series of Bonds of which such Bond is one, (ii) if a Bond is authenticated upon an interest payment date, the ecrtificate shall be dated as of such interest payment date, (iii) if a Bond is authenticated after the fifteenth (15th) day of the calendar month next preceding an interest payment date and prior to such interest payment datc, the certificate shall be datcd as of such interest paymcnt date and (iv) in all other instances the ecrti licate shall be datcd as of the interest paymcnt date next preccding the date upon which the Bond is authenticated. In the evcnt the Bonds or any series shall be dated as of a date othcr than the first day of a calendar month or the dates on which interest is payable on such series are other than the first days of calendar months, the provisions of this Section 3(c) with regard to the authentication of such Bonds and of Section 8 with regard to the form of such Bonds shall bc moditied as the Director of Finance shall detennine to be necessary or appropriate. (d) The execution and authentication of the Bonds in the manner set forth above is adopted as a due and sufticient authentication of the Bonds. SEcnON 4. (a) The principal of atld premium. if any, on the Bonds shall be payable in such coin or currency of the United States of America as at the respectivc dates of - 3 - 516291.1 02nl9RES payment thereof is legal tender fOt public and private debts at the office of the Registrar. Interest on the Bonds shall be payable by check mailed by the Registrar to the registered owners of such Bonds at their respective addresses as such addresses appear on the books of registry kept pursU<Ult to this Section 4; provided. however, that so long as the Bonds arc in book-entry form and registered in the name of Cede & Co., as nominee of DTC, or in the name of such uther nominee of DTC as may be requested by an authorized representative uf DIC, interest on the Bonds shall be paid directly to Cede & Co. or such other nominee of DIC by wire transfer. (b) At all times during which any Bond of any series remains outstanding and unpaid, the Registrar for such series shall keep or cause to be kept at its office books of registry for the registration, exchange and transfer of Bonds of such series. Upon presentation at its office for such purpose the Registrar, under such reasonable regulations as it may prescribe, shall register, exchange or transfer, or cause to be registered, exchanged or trans felTed, on the books of registry the Bonds as hereinbefore set forth. (c) The books uf registry shall at all times be open for inspection by the City or any duly authorized officer thereof. (d) Any Bond may be exchanged at the office of the Registrar for such series of Bonds for a like aggregate principal amount of such Bonds in other authorized principal sums of the same series, interest rate and maturity. (e) Any Bond of any series may, in accordance with its tenns, be transferred upon the books ofregistry by the person in whose name it is registered, in person or by his duly authorized attorney, upon sUlTender of such Bond tu the Registrar for cancellation, accompanied by a written instrument of transfer duly executed by the registered owner in person or by his duly authorized attorney, in form satisfactory to the Registrar. (I) All transfers or exchanges pursuant to this Section 4 shall be made without expense to the registered owners of such Bonds, except as otherwise herein provided, and except that the Registrar for such series of Bonds shall require the payment hy the registered owner of the Bond requesting such transfer or exchange of any tax or other guvernmental charges required to be paid with respect to such transfer or exchange. All Bonds surrendered pursuant to this Section 4 shall be cancelled. (g) (i) The Bonds shall be issued in full book-entry form. One Bond representing each maturity of the Bonds will be issued to and registered in the nanIe of Cede & Co., as nominee of DTe, as registered owner of the Bonds, and each such Bond will be immobilized in the custody of DTC. DIC will act as seelllities depository for the Bonds. Individual purchases will be made in book-entry form only, in the principal amount of $5,000 or any whole multiple thereof. Purchasers will not receive physical delivery of certificates representing their interest in the Bonds purchased. (ii) Principal, premium, if any, and interest payments on the Bonds will be made hy the Registrar to DTC or its nominee, Cede & Co., as registered owner of the Bonds, which will in turn remit such payments to the DTe participants for subsequent disbursal to the -4- 516291.1 029719 RES benetieial owners of the Bonds. Transfers of principal, premium, if any, and interest payments to DIe participants will be the responsibility ofDIC. Transtcrs of such payments to beneficial owners of the Bonds by DTC participants will be the responsibility of such participants and other nominees of such beneficial owners. Transfers of ownership interests in the Bonds will be accomplished by book entries made by DTC and, in turn, by the DTC participants who act on behalf or the indirect participants of DTC and the beneficial owners of the Bonds. (iii) The City wi(] not be responsible or liable for sending transaction statements or for maintaining, supervising or reviewing records maintained by DTC, its participants or persons acting through such participants or for transmitting payments to, communicating with, notifying, or otherwise dealing with any beneficial owner of the Bonds. SECT/O,,' 5. (a) CUS!P identification numbers may be printed on the Bonds, but no such number shall constitute a part of the contract evidenced by the particular Bond upon whicb it is printed; no liability shall attach to the City or any officer or agcnt thereof (including any paying agent for the Bonds) by reason of such numbers or any use made thereof (including any usc thereof made by the City, any such officer or any such agent) or by reason of any inaccuracy, error or omission with respect thercto or in such use; and any inaccuracy, error or omission with respect to such numbers shall not constitute cause for failure or rerusal by the suecessrul bidder or purchaser to accept delivery of and pay for the Bonds in accordance with the terms of its bid. All expenses in connection with the assignment and printing of CUSIP numbers on the Bonds shall be paid by the City; provided. however. that the CUSIP Service Bureau charge for the assignment of such numbers shall be the responsibility of the successful bidder for or purchaser of the Bonds. (b) A copy of the final legal opinion with respect to the Bonds, with the name of the attorney or attorneys rendering the same, together with a certification of the City Clerk, executed by a raesimile signature of that officer, to the effect that such copy is a true and complete copy (except for letterhead and date) of the legal opinion which was dated as of the date of delivery of and payment for the Bonds, may be printed on the Bonds. SECTION 6. The City covenants and agrees to comply with the provisions of Sections 103 and 141-150 or the Internal Revenue Code of 1986 and the applicable Treasury Regulations promulgated thereunder throughout the term of the Bonds. SECTION 7. (a) The Bonds shall be sold at negotiated or competitive sale on such date or dates ami at such priec or prices as shall be determined by the City Manager and the Director of Finance. In the event it is determined that the Bonds shall be sold at competitive sale, the Director of Finance is hereby authorized to prepare or cause to be prepared a Summary Notice of Sale of the Bonds and to cause such Summary Notice of Sale to be published in The Bond Buyer. a financial journal published in the City of New York, New York, and to prepare or cause to be prepared and distributed a Preliminary Official Statement and a Detailed Notice of Sale relating to the Bonds. Tn preparing the Detailed T'\otice of Sale relating to the Bonds, the Director of Finance is hereby authorized to provide that bids ror the purchase of the Bonds may be received by electronic bidding. The City Manager and the Director of Finance (i) are hereby authorized to deternline the dated date or the Bonds of each series, the dates the Bonds of cach - 5 - 516291.1 029719 RES series shall mature, the dates on which interest on the Bonds shan be payable, the aggregate principal amount of the Bonds of each serics and the principal amount of the Bonds of cach serics maturing in each year and (ii), in the event it is detemlined that the Bonds shall be sold at competitive sale, are hereby further authorized to receive bids for the purchase of the Bonds of each series and, without further action of this Council, to accept the bid offering to purchase the Bonds of each series at the lowest true interest cost to the City; provided, however, in no event shall the true interest cost with respect to the Bonds of any series exceed seven percent (7.00%). The City Manager and the Director of Finance arc further aUlhorized to fix the rates of interest to he home by the Bonds of each maturity of each series as specified in the bid accepted by them in accordance with the immediately preceding sentence. The City Manager and the Director of Finance arc hereby authorized to determine the provisions relating to the redemption of the Bonds upon the advice of the City's iinaneial advisor; provided, however, in no event shall any redemption premium payable by the City exceed two percent (2.00~{,). (b) The Mayor is hereby authorized and directed to execute and deliver to the purchasers of the Bonds an Orticial Statement of the City relating to the Bonds, in substantially the form of the Preliminary Official Statement relating to the Bonds, after the same has been completed by the insertion of the maturities, interest rates and other details of the Bonds and by making such other insertions, changes or corrections as the Mayor, bascd on the advice of the City's iinancial advisors and legal counsel (including the City Attomey and Bond Counsel), deems nccessary or appropriate; and this COUllcil hereby authorizes the 011icial Statement and the infomlation contained therein to be used by the purchasers in cOJUlection with the sale of the Bonds. The Preliminary Official Statemcnt is "deemed final" for purposes of Rule 15c2-12 promulgated by the Securities and Exchange Conunission pursuant to the Sccurities Exchange Act of 1934 ("Rule 15c2-12"). The City Manager and the Director of Finance are hereby authorized and directcd to execute on behalfofthe City and dcliver to the purchasers a certificate in substantially the form to he included in the Official Statement under the caption "Certificate Conccrning Official Statemcnt". (c) The City Manager and the Director of [<inance are hcreby authorized to execute and deliver to the purchasers of the Bonds a Continuing Disclosure Certificate relating to the Bonds evidencing the City's undertaking to comply with the continuing disclosure requirements of Paragraph (b)(5) of Rule 15c2-12 in such foml as shall be approved by the City Manager and the Director of Finance upon advice of counscl (including the City Attorney and Bond Counsel), such approval to be conclusively evidenced by their execution thereof. (d) All actions and proceedings heretofore taken by this COUllcil, the City Manager, the Director of Finance and the other officers, employees, agents and attorneys of and for the City in connection with the issuance and sale of the Bonds are hereby ratified and confirmed. SECTION 8. The Bonds, the certificate of authentication of the Registrar, and the assignment endorsed on the Bonds, shall be in substantially the fornls set fOrlh in Exhibit A attached hereto. - 6 - 516291.1029719 RES SECTION 9. General obligation public improvement bond anliclpation notes (the "Notes") are authorized for issuance and sale by the City Manager and the Director of Finance in anticipation of the issuance of the general obligation bonds authorizcd tor issuance herein. Such Notes shall be sold at competitive or negotiated sale at such price or prices and on such other terms and conditions as shall be determined by the City Manager and the Director of Finance. The City Manager and the Director of Finance (i) are hereby authorized to detcrmine the dated datc of the Notes of each series, the dates the Notes or each series shall mature, the dates on which interest on the Notes shall be payable, the aggregate principal amount of the Notes of each series and the principal amount of the Notes of each series maturing in each year ,md (ii) arc hereby further authorized to receive bids for the purchase of the :t\'otes of each series if sold at competitive sale or proposals for the purchase of the Notes of each series if sold at negotiated sale and, without further action of this Council, to accept the bid or proposal orfering to purchase the Notes of each series at the lowest true interest cost to the City; provided. hOIVever, in no event shall the true interest cost with respeclto the Notes of any series exceed six percent (6.00%). The City Manager ,md the Dircctor of Finance arc further authorized to fix the rates of interest to be borne by the Notes of each maturity of each series as specified in the bid or proposal accepted by them in accordance with the immediately preceding sentence. The City Manager and the Director of Finance are hereby authorized to determine the provisions relating to the redemption of the Notes hereof upon the advice of the City's financial advisor; provided. however. in no event shall any redemption premium payable by the City exceed two percent (2.00%,). If such Notes are offered for competitive sale, a Detailed Notice of Sale or Summary Notice of Sale shall be prepared, published and distributed in accordance with the requirements of Section 7. If such Notes are publiely offcred, there may also be prepared and distributed a Preliminary Official Statement and a final Official Statement relating to such Notes in such form as shall be approved by the Director of Finance. The issuance and details of such Notes shall be govemed by the provisions of Section 15.2-2628 of Title 15.2, Chapter 26, Article 2 of the Code of Virginia, 1950. The provisions of Sections 2 and 6 shall apply to such Notes to the same extent the same apply to the Bonds except, in the case of the provisions of Section 2, only to the extent such Notes are not paid from the proceeds o[the Bonds or from any other available funds. Bonds in anticipation of which such Notes are issued pursuant to this Section 9 may be issued and sold in accordance with the provisions of this Resolution at any time within five (5) years of the date of issuance of the first Notes issued in anticipation of such Bonds. SECTION 10. The Council hereby authorizes thc City to make expenditures for the purpose for which the Bonds are to be issued in advance of tile issuance and receipt of the proceeds of the Bonds and to reimburse such expenditures from the proceeds of the Bonds. The adoption of this Resolution shall be considered an "oflicial intent" within the meaning of Treasury Regulation Section 1.150-2 promulgated under the Internal Revenue Code of 1986. SECTION II. The City Clerk is hereby directed to file a copy of this Resolution, certified by such City Clerk to be a true copy hereof, with the Circuit Court of the City of Roanoke, Virginia, all in accordance with Section 15.2-2607 of the Code of Virginia, 1950. SECTION 12. All ordinances, resolutions and proceedings in eonOict herewith arc, to the extent of such conflict, repealed. - 7 - St6291.l 029719 RES ATTEST: -8- 'rn'~ . ' , . I1M.J City Clerk. EXHIBIT A UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE GENERAL OBLIGATION PUBLIC IMPROVE:\1ENT BOND SERIES REGISTERED l'\o. R- REGISTERED S MATURITY DATE: INTEREST RATE: DATE OF BOND: CUSIP NO.: REGISTERED OWNER: CEDE & CO. PRINCIPAL SUM: DOLLARS KNOW ALL \1EN BY THESE PRESENTS. that the City of Roanoke, in the Commonwealth of Virginia (the "City"), for value received, acknowledgcs itself indcbtcd and hereby promises to pay to thc Rcgistered Owner (named above), or registered assigns, on the Maturity Datc (spccified above) (unless this Bond shall bc subjcct to prior rcdcmption and shall have been duly callcd for previous redemption and payment of the redcmption price duly madc or provided for). the Principal Sum (specilied ahove), and to pay interest on such Principal Sum on and semiannually on each and thereafter (each sllch date is hereinafter referred to as an "interest payment date"), from the date hereof or from the interest payment date nex t preceding the dale of authentication hereof to which interest shall have been paid, unless sueh date of authentication is an interest payment date, in which case from sllch interest payment date, or unless such date of authentication is within the period from the sixteenth (16th) day to the last day of the calendar month next preceding the following interest payment date, in which case trom such following interest payment date, such interest to be paid until the maturity or redemption hereof at the Interest Rate (spccified above) per annum, by check mailed by thc Paying Agent hereinafter mcntioncd to the Registered Owner in whose name this Bond is registered upon the books of registry, as of the close of business on the fifteenth (15th) day (whether or not a business day) of the calendar month next preceding each intcrest payment date; provided. however, that so long as this Bond is in book-entry only form and registered in the name of Cede & Co., as nominee of The Depository Trust Company ("'UTe'), or in the name of sueh other nominee of DTC as may be requested by an authorized representative of DTC, interest on this Bond shall be paid directly to Cede & Co. or such other nominee of DTC by wire transfer. Interest on this Bond shall be calculated on the basis of a A-I 516291.1 029719 RES three hundred and sixty (360) day year comprised of twclve (12) thirty (30) day months. The principal of and premium, if any, on this Bond are payable on presentation and surrender hereof, at the office of , as the Registrar and Paying Agent, in the City of ._. . Principal of and premium, if any, and interest on this Bond arc payable in any coin or currency of the United States of America which, on the respective dates of payment thereof, shall be legal tender for public and private debts. This Bond is one of an issue of Bonds of like date, denomination and tenor cxcept as to number, interest rate and maturity, which is issued lor thc purpose of providing funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public parking facilitics of and for the City, under and pursuant to and in full compliance with the Constitution and statutes of the Commonwealth of Virginia, including Chapter 26 of Title 15.2 of the Code of Virginia, 1950 (the same being the Public Finance Act of 1991), and resolutions and other proceedings of the Council of the City duly adoptcd and takcnunder the Public Finance Act of 1991. The Bonds of the issue of which this Bond IS one (or portions thereof in installments of $5,000) maturing on and after _. are subject to redemption at the option of the City prior to their stated maturities, on or after ______ _ in whole or in part from time to time on any date, in such order as may be detenllined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000 of sucb maturity to be redeemed shall be selected by lot), upon payment of the following redemption prices (expressed as a percentage of the principal amount of the Bonds to be redeemed), together with the interest accrued thereon to the date fixed for the redemption thereof: Redemption Dates (Both Dates Inclusive) Redemption Prices (Percentages of Principal Amount) to -----.--. - to ...,__,_ and thereatler % If this Bond is redeemable and this Bond (or imy portion of the principal amount hereofin installments ofS5,000) shall be called for redemption, notice of the redemption hereof, specifying the date, number and maturity of this Bond, the date and place or places fixed for its redemption, the premium, if any, payable upon such redemption, and if less than the entire principal amount of this Bond is to be redeemed, that this Bond must be surrendered in exchange for the principal amount hereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion of the principal amount hereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the Registered Owner hereof at his address as it appears on the books ofregistry kept by the Registrar as of the close of business on the forty-fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption of this Bond (or the portion of the principal amount hereof to be redeemed) shall have been given as aforesaid, and payment of the principal A-2 5162~t.I 0297t9 RES amount of this Bond (or the portion of the principal amount hereof to be redeemed) and of the accrued interest and premium, if any, payable upon such redemption shall have been duly made or provided for, interest hereon shall cease to accrue from and after the date so specified for the redemption hereof. Subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the issue of which this Hond is one, this Bond may be exchanged at the office of the Registrar for a like aggregate principal amount of Bonds of other authorized principal amounts and of thc same issue, interest rate and maturity. This Bond is transferable by thc Registered Owner hereof, in person or by his attorney duly authorized in writing, on the books of registry kept by the Registrar for such purpose at the office of the Registrar but only in the manner, subject to the limitations and upon payment of the charges, if any, provided in thc proceedings authorizing the Bonds of the series of which this Bond is one, and upon the surrender hereof for cancellation. Upon such transfer a new Bond or Bonds of authorized denominations and of the samc aggregate principal amount, issue, intercst rate and maturity as the Bond surrendered, will be issued to the transferee in exchange herefor. This Bond shall not be valid or obligatory unless the ccrtificate of authentication hereon shall havc been manually signed by the Registrar. The full faith and credit of the City are irrevocably pledged 10 the punctual pa)1Uent of thc principal of and premium, if any, and interest on this Bond as the same become due. In each year while this Bond is outstanding and unpaid, the Council of the City shall be authorized and rcquired to levy and wllect atmually, at the same time and in thc sanle manner as other taxes of the City are assessed, levied and collected, a tax upon all property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay the principal of and premium, if any, and intcrest on this Bond to the extent other funds of the City are not lawfully available atld appropriated for such purpose. It is certified, recited and declared that all acts, conditions and things required to exist, happen or be performed precedent to and in the issuance of this Bond do exist, have happened and have been performed in due time, toml and manner as required by law, and that the amount of this Bond, together with all other indebtedness of the City does not exceed any limitation of indebtedness prescribed by the Constitution or statutes of the Commonwealth of Virginia or the Charter ofthe City. A-3 5t6291.1 0297t9 RES IN WITNESS WHEREOF, the City has caused this Bond to be executed by the manual or facsimile signature of its Mayor; a facsimile of the corporate seal of the City to be imprinted hereon attested by the manual or facsimile signature of its City Clerk; and this Bond to be dated as of the. _.___ day of . 200_. CITY OF ROANOKE, VIRGINIA [SEAL] Mayor Attest: City Clerk CERTIFICATE OF AUTHENTIC.4TIO:'-l proceedings. This Bond IS one of the Bonds delivered pursuant to the within-mentioned ], as Registrar By: Authorizlld Signatory Date of Authentication: A-4 516291.1 029719 RES ASSIGNMENT FOR V ALeE RECEIVED the undersigned hereby sell(s), assign(s) amI transfer(s) unto -------. (Please print or type name and address, including postal zip code of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER TAX IDENTIFYING NUMBER 01' TRANSFEREE: l I I the within Bond and all rights thereunder, herehy irrevocahly constituting and appointing _ ,____. , Attorncy, to transfer such Bond on the books kept for the registration thereof, with full ]lower of suhstitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a member fiml of The New York Stock Exchange, Inc. or a commercial bank or trust company. (Signature of Registered Owner) NOTICE: The signature above must correspond with the mime of the Registered Owner as it appears on the face of this Bond in every particular, without alteration, enlargement or any change whatsoeveL A-5 516291.1 029719 RES ""~ &Ii . """ '., ~ , ... '~ . CITY OF ROANOKE OFFICE OF THE CITY CLERK ~ 15 Church ;\ venue. S. W.. RClom -\.56 Roanoke. Virginia 2.\UII-15.16 '['~']('pholle: (5.ml ~5.1-25-t] ra:c (5.10) ~5~-11-l-5 E-mail: clt~lk(~f w,uwkt-va pI\' SJIEII,,.\ 1', IIAKH1AN As~i~tant City Clt'rk STFPH:\I\"IE t'I:1. i\100N. C\lC City Ckrk February 23, 2007 File #53-60-553 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Budget Ordinance No. 37690-022007 appropriating funds to be provided by the Series 2008 Bonds to the Campbell Avenue Parking Garage, and amending and reordaining certain sections of the 2006-2007 Parking Fund Appropriations. The above referenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Tuesday, February 20, 2007, and is in full force and effect upon it passage. Sincerely, ~'M.~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Office of Management and Budget R. Brian Townsend, Acting Assistant City Manager for Community Development Robert K, Bengtson, P.E., Director of Public Works Deborah J. Moses, Hotel Roanoke Conference Center Director Philip C. Schirmer, P.E., L.S., City Engineer ~ v IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of February, 2007. No. 37690-022007. AN ORDINANCE to appropriate funding to be provided by the Series 2008 Bonds to the Campbell Avenue Parking Garage, amending and reordaining certain sections of the 2006-2007 Parking 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 2006-2007 Parking Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from 2008 Bond Funds Public Parking Facilities 07 -540-8252-9199 07 -540-8259-9286 $ 2,600,000 (2,600,000) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~Lf-.~'~~ hi. ~ City Clerk. /~~ .' -~'iJ'-!"-=4.;;,~ ,L,'- A -".~ l'I .'.":""~". ',-,", ('~:, ';OJ ~~I A.3. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor 'vlonicip.l Building 21~ Church Avenup., S.W,. Room 364 Roanokl', Virginia 24U11-1591 Tt>lt'ph('lnc: ('5,WI SSJ-2JJ3 1=;1\' (34(1) ~l;.~_lIJH Llty \\"t'b. ~\'\\-'w.r(1,l:,(,t(,\'J.~uv February 20, 2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wish neff, Council Member Dear Mayor Harris and Members of City Council: Subject: Public Hearing on the Issuance of General Obligation Bonds for Public Parking Facilities and Authorization of an Agreement with Donley's LLC for the Design and Construction of a Public Parking Garage on Campbell Avenue Background: A Request for Proposals under the Public Private Education Facilities and Infrastructure Act of 2002 (PPEA) for the design and construction of a Public Parking Garage for the City was issued October 10, 2005, (RFP No. 05-10-02). Responses to that RFP were received on November lB, 2005. Two proposals were received, one from Donley's LLC and the other from Shockey, LLC. Subsequently, Detailed Phase Proposals were requested from both entities by a letter dated July J 4, 2006. The City received two (2) Detailed Phase Proposals on September 22, 2006, one from each entity. On November 9, 2006, after careful evaluation of the proposals, the Donley's LLC proposal was determined to be in the best interest of the City. It was the most responsive to the City's needs and budget as expressed by the RFP and associated amendments. City staff has negotiated a comprehensive agreement with Donley's LLC for the complete design and construction of a new parking garage in the 300 block of The Honorable Mayor and Members of City Council February 20, 2007 Page 2 of 3 Campbell Avenue, SW. A copy of the draft agreement is attached to this letter. The garage will provide approximately 350 full size public parking spaces. The guaranteed maximum price stipulated in the agreement for the completed garage is $5,985,000, subject to certain allowances for a parking booth, landscaping, signage, testing, utility relocations, and unknown subsurface items. The time period for the project is approximately 16 months. land acquisition, surveying and engineering costs incurred to date are approximately $576,000. Funding of approximately $664,000 will be needed for miscellaneous project expenses including; project management, advertising, prints, testing services, project contingency and unforeseen project expenses. Therefore, the total anticipated cost of the project will be $7,225,000. This is consistent with the budget as included in the City's FY 07- J I Capital Improvement Program (ClP). In providing the required funding for the project of $7,225,000, $4,625,000 has previously been appropriated to project accounts (07-540-8256 and 07- 540-8252). As provided in the adopted ClP, the remainder of the project funding is to be provided by a general obligation bond issue of $2.6 million. Recommended Actions: Hold a public hearing at Council's regular 7:00 p.m. meeting on February 20, 2007, on the issuance of general obligation public bonds in the amount of $2.6 million. Following the public hearing, adopt the accompanying resolution authorizing issuance of bonds in the amount of $2.6 million for public parking facilities. This resolution shall include language declaring the City's intent to reimburse itself from the proceed s of these bonds. Adopt the accompanying budget ordinance to appropriate in advance of issuance $2.6 million of Series 2008 bond funding to the Campbell Avenue Parking Garage account (07-540-8252). Approve the terms of the draft comprehensive agreement with Donley's LLC for the above-described work. Authorize the City Manager to execute a Comprehensive Agreement with Donley's LLC for the above-described work for the guaranteed maximum price of $5,985,000, subject to certain allowances as noted above, in a form substantially similar to the one attached to this letter, with the form of such agreement to be approved by the City Attorney. The Honorable Mayor and Members of City Council February 20. 2007 Page 3 of 3 Authorize the City Manager to take such actions and execute such documents as necessary to implement, administer, and enforce such Comprehensive Agreement, including any changes to the price, subject to the amount of funds appropriated, and/or time of performance. Respectfully submitted, Darlene L. Bur ham City Manager DLB/PCS/dps Attachments c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Robert K. Bengtson, P.E., Director of Public Works Deborah J. Moses, Hotel Roanoke Conference Center Director Sherman M. Stovall, Director of Management & Budget Philip C. Schirmer, P.E., L.S., City Engineer R. Brian Townsend, Acting Asst. City Manager for Community Dev. CM07-00020 COMPREHENSIVE AGREEMENT Between CITY OF ROANOKE And Donley's LLC DESIGN AND CONSTRUCTION OF THE CAMPBELL AVENUE PARKING GARAGE Date February 21, 2007 Page 1 of 30 2-14-07 TABLE OF CONTENTS Page ARTICLE I DEFINITIONS ...............,................................................................................................................... 3 ARTICLE II GENERAL DESCRIPTION, TERM OF AGREEMENT, AND PRIVATE ENTITY'S STATUS AS INDEPENDENT CONTRACTOR........... ...........,...............,......... ................................,................... 4 ARTICLE III THE WORK......................,.......,...............................................................,...................,................... 5 ARTICLE IV PROJECT DEVELOPMENT..............................................,.....................,...........................,.......,... 6 ARTICLE V PRICES AND SHARED SAViNGS..............,................................................................................... 6 ARTICLE VI SAMPLES..... ..... ...... .......... ..... ...... ............ .....,..................... .............. ....................' ......................... 7 ARTICLE VII MEASUREMENTS, DRAWINGS, SPECIFICATIONS ................................................................... 8 ARTICLE VIII WARRANTY .................................................................................................................................. 11 ARTICLE IX INSURANCE, BONDS AND RiSK.................................................................................................. 11 ARTICLE X NOTICES TO PROCEED, COMMENCEMENT AND COMPLETION........................................... 13 ARTICLE XI PRIVATE ENTITYPRIVATE ENTITY RESPONSiBILITIES.......................................................... 15 ARTICLE XII OWNER RIGHTS AND RESPONSIBILITIES ............................................................................... 17 ARTICLE XIII ADMINISTRATIVE ITEMS..............................,.............................................................................. 19 ARTICLE XIV SUBCONTRACTING .......................................................................................,............................ 19 ARTICLE XV PROTECTION OF PERSONS AND PROPERTY......................................................................... 19 ARTICLE XVI PAyMENTS........ ........................... .................................. ........ ....... ........... ........... ..... ............ ........ 21 ARTICLE XVII CHANGES/CLAIMS/DISPUTES .................................................................................................,.22 ARTICLE XVIII TERMINATIONS ....................................................................................,..........,.............."..........25 ARTICLE XIX INSPECTION AND ACCEPTANCE .....................................................................................,....... 26 ARTICLE XX MiSCELLANEOUS.................................. ...... ............................ ....... ..... ...............,.............. ......... 27 EXHIBITS A ,- B - C - D- E - F - G - H - , - J - K. L. I and (3 pages) Scope of Wark (4 pages) ClarJications and Assumptions (1 page) Guaranteed Maximum Price (1 page) Not Used Payment Application (8 pages) Project Schedule Milestones (1 page) List of Extended Warranties (1 page) Vendor's Certitication (1 page) List of A-E Rates (1 page) Extensions to Contract Times due to Unusually Severe Weather (1 page) Sample Performance Bond. Payment Bond (6 pages) Page 2 of 30 2-14.07 THIS COMPREHENSIVE AGREEMENT rAgreemenf') is daled and elfec~ive as of this 21s1 day of February 2007 (the .Effe::::tive Date" anct!or "Contract Date~j, by and between CITY OF ROANOKE, VIRGINIA ("Owner" or "City"), and DONLEY'S llC, a Virginia limited liability company ("Private Enli!y") cf 1508 Ea.st Parham Ad. Richmond. VA 23228. RECITALS R.1. In January 2004. the Owner aclopted procedures to Implement the Virginia Publ:c-Private E:duca:ion Facilities and Infrastructure Act of 2002, as amended, ("PPEA"j, Va. Code 56-575.1. m gm. R-2. The Owner subsequently solicited a proposal fOl the PrOject pursuant to the PPEA. R.3. The Owner acceoted the solici~ed proposals for consideration. The Owner determhed in writng that proceeding with the procuremer.t that was the subject of the propcsal uSil"g competitive negotiation procedures was likely to be advantageous to the Owner and the public based upon probable scope, complexity, or urgency at the Project, risk sharing a'1d added value, and/or econom'c be."1efit 'rom the Praieet. R-4. The Owner received rwo conceptual-phase proposals and it subsequently invited the two proposers to submit detailed.phase proposals. which the proposers did. The Private E.ntity was one ot these proposers. A-5. The 0\\7101' sUbseQuently reques!ed de1ailcd proposals from both proposers. R-G. The Owner determined that the Project is a qualifying project that serves the public purpose of the PPEA ard is In the public inlerest to pUrsue. A-7. That based upon the Pllvate Entity's proposal, estimated pf"lce ar.d presentation, Owner has selected Private Entity for entry into a comprehensive agreefTIent for the Project, anc' the Owner and Private Entity now wish to enter into thIS Comprehersive Agreement for the PrOject. NOW, ntEREFORE, for and in consideration of the prp.misf!s and mutual ccvenants hereinafter contained, and subject to tho conditions herein set fortn, the parties hereby covenant. agree, and bir.d themselves as follows: ARTICLE I DEFINITIONS Unless the context otherwise specifies or requires, the following defin tiQf1s apply to this Agreement 1.1, Architect - Engineer '.A-E-) means Private Entity's deSIgn professional Person responsible for the architectural and engineering services for the Project, ir.cluding, without limitation, its design. Private Entity has proposed Its A-E for the Project In Its proposals 10 the Owner, and Privale Entity shalt use this A-E tor the Project unless the Owner approves otherwise in writing_ 1.2. Chanae means any addition to, deletion from, or modificabon of the Project or the Services that is made in accordance wit.' the proVISions 01 this Agreement. A Change may be made by a written Change Order i~ Owner and Private Entity agree as to adjustments to the eel or GMP, as applicable, and schedule. or unilaterally by the Owner by a written Change Directive, with any adJusbnents 10 the eeL or GMP, as applicable, nnd schedulo. to bo delormined subsequently pursuant to Art;cle XVII 01 this Agreement. 1.3. Chrmae Directive means a written order by the Owner. specifically identified as a Change Dirl::tctive, directing C:I Change, which ~he Private Entity shall 'allow. 1.4. Chanae Order means a Change made by a written agreement in which the Owner and Private Entity have indicated agreement as to the Change and adjustments to price and/or schedule due to the Change and have evidenced their agreement by executing Ihe written agreement. 1.5. Codes and Standards means all local, state and federal regulatIOns. ordinances, codes, laws. or requirements applicable I,? the ProjecI, in::::lading. without limitation, the rr.os~ current Virginia Un!form Stalewide Building Code. 1.6. Contract Documents meal'ls the following listed in their order of precedence: (a) Any written modificatIOns to this Comprehensive Agreeme.'1t made !n accordance with this ComprehenSive Agreement; (b) This Comprehensive Agreement. including all exhibits thereto; (C) Any written Change Orders made In accordance witt: this Agreerr.ent; (j) Any written Change Direcllves issued in accordance with this Agreement (e) The Construction Documents, which are the final Plans and Speciticalions that are approved by the Owner, Architect-Engineer, and Private Entity: (f) Plans and Specifications thai are approved by the Owner, Architect-Engineer, and Private Entity; (g) Documents incorporated by reference in th,s Agreement; (h) Private Entity's Detailed-Phase Proposal dated Seplernber 20, 2006, whIch 15 incorporated hereIn by reference: Page 3 of 30 2-14-07 Hi Private Entitv's Conceptual.Phase Proposal dated March 20, 2006 (revIsed). VII'hich is incorporated herein bv reference: ana (j) Private Entlty's Conceptual-Phase Proposal dated November 16. 2005 (less confidential information regarding financial i'11ormation} which is Incorporated hemin by reference. 1.7. Contractor or Prime Construction Contractor, Since t:'le Prlvale Entity is actng as the contractor or prime construction contractor for c.;onstruc:ion Work on th;s Project, then Ccntractor or Prime ConstructiO:1 Contractor r.leans the Private EnMy in thiS Agreement 1.8. .Q..g means a calendar cay, and -days. mean calendar cays. unless Ihe cont~ary is expressly indicated. 1.9. Defect, Detective. or Dellclent is an adjective or noun \'v'hicr. when modifying or referring to the word Work relers to Work or any part thereof that is unsatisfactory. taulty, or does '1ot CO,1forrl to the Contract Documents. or does not meet the requirements of any inspections. slandards, lests or approvals referred to in the Contract Documents. 1.10, not used 1.11. not used 1.12, Final ComDlstion of Work, Final ComDlctlon or final comDletion means completion n cO.'lformance wilh this Agreement. the Construction Documents, and other Contract Documents of all of the Work requ'red by this Agreement. incl"Jding without limitation. punch list items so that the Project wiH be properly completed and result in a fully functior,at and properly operating Project. 1,13, Guaranteed Maximum Price (-GMP-) means Ihe amount established as the maximum arrount payable to the Privale Entily absent a Change. 1.14, .b!!!!!lmeans the real property described in Exhibit A hereto. 1,15. Owner or "Cltv" means CITY OF ROANOKE VIRGINIA. 1.16. Owner's Roor8sentatlve Means ~hat person deSignated by the Owner in writing to perlorrn the functions of Owner's Rep'"8sentative specified in this Agreement. 1.17. Person or DBrson means any individual, partnership, joint vent;.Jre, association, joinl-stock company. corporation, limited liability company. trust. lrIincorporated organization, government or any agency or political subdivision thereof, or any olher legal entity. 1.18. Plans 8rtd SDeCtflcatlortl mean the surveys, p:ans and specilicatlOnS :hat Private Entity causes ro be prepared for Ihe Project that are approved by lhe OWner, A-E, and Prlvate Entity. 1,19, Private Entltv means Donlev's LLC. 1.20. Prolect or Droiect means tl'Je complete and proper design and ccnstruction of a new ful~y hmctional and properly operating five story parking garage facibty. yielding a minimu.'TI of 350 parking spaces, located between Campbell Avenue SW and Salem Avenue SW in the $JO block of bOlh, in the City of Roanoke, Virginia and as called for in lrIe Contracl Documents. to be designed and constructed by Privale Entity on the l.and in accordance with the Construclion Documents and the terms of this Agreement. and Rny related upgrades and/or modifications ordered by Change, Change Order, or Change Directives. 1.21. Prolect Schedule means t'"le schedule for design and construction of the Project. which, in its initial version, is set brth In Exhibit G attached hereto. 1.22, Punch List Itsms means a list of items of Work to be completed and def:ciencics to be corrected. identihed by the Owner'S Representative Or A.E, that do not affect the attainmenl of Substantial Completion. II the CN.ner's Reppesentative and A-E do not agree as to an item or ilems, any such 'tems not agreed upon shall be considered a punch list item until a contrary cJeterminaticn is made pursuanllo Article XVII of this Agreement. Such ilems must be complete before Final Completion can take place. 1,23, Roaulsltion means an applica1ion for payment In tl1e form attached as Exf1ibit F. 1.24. ScoDe of Work or Work or work means all the work and malerials for the Project, and 1hat may be required to result in a fully functional and properly operating Proiect. and all of wh,ch s'1all be provided by Private Entity within the GMP. wt:ich IS set forth in Exhibit B attached ~ereto. except as may be modified by any Change. , .25. ~ means aU pre-construcfion and development se1Vices and aU architeclural and engineering design, procurement and construction services related to the Project furniShed by Private Entity. ircluding, witho..rt limitation. atllabor. services, materials and facilities, and an other things thai are required to provide for t~e development of the site and the design, construction and equ:pping of the Project so that such Project is properly completed. 1.26. Substantial ComDletlon means the date determined by inspection bV the City Erglneer, OWner's Representa1ive. Private Enlity and A.E that construction of the Pro;ecl is so SUfficiently complete in acco,dance wift! !he Conslruction Documents, Including a permanant certificate of occupancy permit, that it may be utilized and can be used for its intended use, including that the Project is ready to accept move.in by the Owner and allll1e/safety Items are operational. and olner items icen:ified by the Owner as critical In nature are complete. 1.27. Unusuallv Severe Weather means weather 'hat impacts major Work activities 0'1 the critical path of the Proiecl and deviates significantly from 1hat 'Nhich could be reasonablY expected due to the time of year or as compared to standard averages for the area as compiled through the NOAA or other au!horiZ80 local SO"Jrces. See Exhibit K. ARTICLE II GEtlERAL DESCRIPTION, TERM OF AGREEMENT, AND PRIVA1E ENTITY'S STAl\JS AS INDEPENDENT COtlTRACTOR 2.1, GENERAL DESCRlP110N, Under this Agreement. Private Entity will be providing to l'1e Owner site design and development services, A-E deSIgn services, ana :x>ns!ruction services ior the Project. so rne resurt will be that the Owner will have a fully funclional and property operaling parking facility in full accordance with the Cont"act Documents. Private Entity will be prOViding these services as a design.builder Private Entity generally will be compensated subject to the .erms of Inis Agreement cut will be responSible for ensurtng that the tota' cosl of the Project to Owner does not exceed the Guaranleed Maximum Prico (GMPI established by Ihis Agreement. Private Entity will be responsible for completing the Prtljecf so that payments by Qv.,oner will nol exceed the GMP, except as may be adjusted by this Agreement. even it the COsts to Private Entity to do so exceed the GMP Because tl1is is a cesign-buifd project. ONner makes no warranty to Private Enlity. express or implied. legarding any design for the Project. Rather Private Entitv and its A.E warrant Page 4 of 30 2-14-07 that all design and design services meet Ihe highest standard cf care in Virginia for the applicable dosign professional providing suet] d~sign Or services. 2.2, TERM OF AGREEMENT. Th's Agreement begins on the Effecllve Date indicated at the beginning of the Agreerren: and continues untillts tenninatlon pursuant to Article XVIII. any other provision 01 this Agreemf::llt. or by :aw, or until.::lll obligations under this Agrae11ent havo been properly and fully performed. 2.3. INDE.PENDENT CONTRACTOR. For all purposes hereunder. Private- Entity is an independent contractor and shali not be deerl'led an agent. employee or partner of Ihe O....Tler. 2.4, SUBCON'THACTORS, a. Privata En:ity lllay subcontpact any portion of the Services to be performed hereunder, but Private Entity shall not thereby be relieved of any of its obligations set forth herein. Privata Enfity may subconlract the constl~ction Work f,) a contractor (~Contractor" or "Prime Constructio,"l ContraclOr"}. Private Entity shall use thE! Prime Construction Contractor proposed in its proposals unless the Owner. in its sole discretion, approves otherwise in writing. Private Enttty shalllurnist1 to the Ovvner's Representative tor its information not later than ten (10) days before the date s~edulcd for issuance of the notice to proceed with construction, a list of all Persons bei.,g considered to be subcortractors to the Prime Construction Contractor. The Owner's Representative shall, within ~ive (5) days of receipt of this list. notify Private Entity in writing if it has any objection to any such subcontractor. A failure t::> notify Private Enlity within this five-day period shall not waive tl1e righl of the Owner's Representative to later o::>ject to any proposed subcontractor for cause The receIpt of such list shall not require the ONner's Representative to investigate the qualJications 01 any listed subcontractor. b. Prior to perlonning any Worn on ~he Project. the Contractor and subcontractors shall provide copies of their CUrrenl lice..,ses to the Owner's Representative. Private Entity sha'! ensure that all such subconlractors shall be properly licensed and author:zed to do business in Virginia. shall have the proper insurance coverage. and shall comply with all state, federal, and lOCal laws, inclUding obtaining any necessa'Y City business license. The Private Entity shail comp'y with Title 54.1, Chapter 11. of the Code of Virginia, with respect to Itcensure of itself and all subcontractors employed to work on the Project. The Private Entity represen:s that it has verified that all subcontractors hold all required state and localllcenses, including State Contractor's license and Cily business license. The Private Entity will venfy that any additional subcontractors employed to work on the Prolect, subject to initial verification, hold all req~ired state and local licenses, including State Contractor's license and City business license. Private Entity :s req~ired 10 submit the Contractor's Certification as to Ucensure of Subcontractors Form to the Owner. T~is cor.stitu!es a matar,al part 0' the Private Entity's Agreement with Ihe City. c. Subcontractors shall not be changed wit~out the written approval of (he Owner's Representative. d. Private Entity further agrees that it is as fulty responsible to the Owner lor the acts ar.d omissions of its subcontractors, sJppliers. and inv:tees on the lobsite and of persons either directly or Indirectly employed by them, as the Private Entity is for the acts and omissions of Persons directly employed by il. ARTICLE III TIlE WORK 3.1. WORK!SPECIFlCAllONS. a. The Private Entity shall furnish all necessary personnel. materIal, equipment. service.!,;. and facililies (except as otherwise specified) to fully ar,d properly perform the Project in a good and workmanlike manner in accordance with Ihe Contract Documents and within Ihe Project Schedule, time being 01 the essence for this Project b. The Owner shall have the right to ado to the Scope of Work to be perlormed under (his Agreement, including. without timita~ion, Work to be perlonncd al the Project, a,"ld Private Entity agrees to perfonn such Work, subject to i:;;suance of a Change Directive o~ a Chapge Order for such Work Private Entity agrees to promplly meet and conler with the ONner regarding added Scope of Work proposed by Owner. c. The Owner requires that the Privale Entity oerfonn a complete and satisfactory job in aCX:O"dance with the Contract Doctrnents. d. All Work not specifically descrioed in the Contract Documents. yet required to prodJCe a fully functtonsl and property opera1ing project shall be prOVided eve." though every item or minor detail far the proper installation or successful opera110n of the entire Wo~k is not mentioned i:'1 the Contract Documents. e. The Private Entity aCknOwledges and agrees that it has taken into account in its proP05allho requirements. of the RFP and COIltract Documents, local conditions, availability at material, equipment, labor, and any other factors which may affect tho performance of the Work. The Private Ent:ty agrees and warrants that it wl:1 properly and tul!y complete the Work not ~ater than the time penod or date indicated for completion. 3.2. CONDInoNS Nf'EcnNG ThE WORK. a The Private Entity is responsible for having taken steps reasonably necessary to ascertain the nature and location of the Work, and the general and local conditions Ihal can affecf the Work or its costs, including. but not limiled to availab:e parking and stRging areas and existing building malerials and components. Any failure by the Private Entity to reasonably ascertain !tIe r:ondili::>ns affecting the Work does not relieve the Private Entity from responsibility for successfully ps,forrning the Work WIthout additional expef1se to the ONner. The Owner assumes no responsibility for any represenlations concerning conditions made by any of its officers, employees fJr agents boloro execution 01 rh:s Agreement unless slJch representations are expressly stated in the Agreemel1t. b Owner has furnished Private Entity copies of Ihe foliclwing reporlS about which Owner mak.es no representation or warranty regarding their accul acy: 1) Report of Subsurface E.lCploration prepared by Geotechnics. Inc., Roanoke, Virg:nia dated February 13, 2006. 2) Boundary and Topographic Survey ot the project site. by Lumsden Associates. PC, dated February 17, 2006. 3) Phase I Environmental Site Assessment, 326-338 Campbell Avenue, by ECS, Ltd.. dated Juty 9, 2oo4.Phase I (several) 4) Phase I Environmental Site Assessment, Times World Parcel, By ECS, Ltd.. datea Cclaber 25,2004. Page 5 of 30 2-14-07 3.3. INTERPRETA110N OF CONTRACT DOCUMENTS. a. TIle Conlract Documents are Intended to be complementary and to be interpreted in harmony to aVOId conflict it this can reasonably be accomplish cd. b. The following rules regarding correlation and intent of the Contract Documents are first to be employed in the even! of any ,nconsistency. conflict. or ambiguity: (1) Anything mentioned in the Spec.fications and not shown on the Plans, or shown on the Plans and not mentioned in the Soecifications, is of ILke eHect as If shown or mentioned in Doth; (2) In case of conflICts between Plans and Specif;cations, the SpecifIcations will govern; (3) In case of a difference between small and large-scale drawings, the large-scale drawings will govern'; (4) Schedules on any cant pact drawing take precedence over conflicting information en that or any other contract drawing; (5) On any of d1e drawings in Mticl1 a portion of the Work is detail&d 01 drawn out and the remainder is sho\Nn in outline, the parts detailed or dravvn out will apply also to all other like portions of the Work. c. If. despite application of the rules in 3.3b, an inconsistency, contlict, or ambiguity still exists between or among the Contract Documents that cannot be reasonably hannonized. then pfecedenc€3 shall be given to the Contract Documents in the order in which they are enumerated in paragraph 1.6 of this Agrocrnenl. ARTICLE IV PROJECT DEVELOPMENT 4.1. DESIGN AND CONSTRUCT10N. The Private Entity s~all be responsible 10r the professional quality, technical accuracy and the coordl!1ation of all designs, drawings, plans, specifications. and other se~ices and/or 'T'lalerials furnished by the Private Entity under this Agreement. However, the responsibility of the P~ivate EnUy does not relieve those providing such services and/or materta.!s from also being responsible to the Owner for such i:ems. Owner is hereby deemed to be a third party beneficiary of any of Private Entity's contracts with others for Work or materials on the PrOject so Owner may. but is not req\olirE:d to, p.nforce any such contracts a!ld Private Entity will nolify all such subcontractors of Owner's right under this paragraph. 4.2. DRAWINGS AND SPECIFICAnoNS, Based upon the Scope of Work and/or requirements furnished by the Qvvner in writing and included herein, the Privale Entity shall prepare the complete CO'ltract working plans a'ld specificatior.s All design submissions for this Project shall be made in both paper drawin!)"document fonn and A'-ltoCAD electronic file form compatible with Owner's CAD system. The minimum scaie for buikfing drawings shall bo 1/8 inch = 1 toot except for s.'TIall scale drawings 01 the floor plan of tP'le entire building with space tabulation. Design submissions shalt be made as outlined beiow. The Owner review and/or approval period sr.all be in accordance with the Project Schedule Milestones (see Exhibit G), but not less than ten (10) days for each cf the following submISsions. a. 35% Deslan DeveloDmenl Submission: Following receipt of CMner's approval of the Schematic Design submission, the Privale Entity shall prepare a 35% Design Development submission including updated drawings af'd specificatlons. Private Entity shall Submit the 35% Design Development submission to the OWl1er for review and approval in accordance with the PrOject Schedule shown in Exhibit G The Owner review period will be in accordance with the Proje::t Schedule shown in Exhibit G. b. 65% Construction Documents Submission. Following receipt of Owner's approval of the 35% Design Development submission, the Private Enlity shalf prepare a 65% Construction Documents submission. Private Entity shall submit the 65% Construction Doct.Jll1ents submission to the Owner for review and approval in accordance with the Projecl Schedule shown in Ext1ibit G. The Owner review period will be in accordance with tie Project Schedule shown in Exhibit G. c. 100% Construction Documents Submission' Following receipt of Owner's approval of the 65% Construction Documenls submission, the Pnvate Enllty shall prepare a 100% Construction Documents submission. Private Er.tity shall submit the 100% Construction Documents submission to the Owner for review and approval in accordance with the Project Schedule shown in ExhiDit G. On an exception basis, intermediate submissions may be provided for the design of foundations. structural sleel and other ilcms or systems requiring either advance procuremenl or construction start prior to the compleUon of ~hc ovcrall dosign If! aCCOrdance with tho approved schedule. Tho Ownor review pcriod will be in accordance with the Project Schedule shown In Exhibit G. 4.3. CONSlRUCT10N. With Owner's prior agreement in writing, and subject to imposition by Owner of reasonable conditions to assure a satisfactory Guaranteed Maximum Price (GMP) for the Project, construction may be alkJwed to commence in accordance with the Project Schedule prior to the Owner's Representative's approval of all of the Conslruction Doturr:ents. Where phasedlfast track construction is proposed prior to overall final approval. plans and spec,fications covering the syslem or components covered by that phase must be approved by tho Owner's Representative prior to the start o~ constructiO.1 of that phase. ARTICLE V PRICES 5,1, PRICES. The Private Enlity must provide all Work called for under this Agreement. Including fumlshlng all material, services, laoor and equipment to perfonn the Services for the price as Indicated in Exhibit D. Page 6 of 30 2-14-07 5.2. GUARANTEED MAXIMUM PRICE. a. A Guaranteed Maximum PriC:e (GMP) has been established by the parties for the Project and such G\.1P IS a tota! amcunt of S 5,985,000. See Exh.bit D fcr detail. 1 he GMfJ is Ihe maximum sum that the Owner shall pay to the Private Entl1y in total for this Project, except as rr,ay otherwise be provided 10 this Comprehensive Agrf'emenl It incJudEls but is not limited 10 all design fees and all construclion labor, materials, eKpenses, pepl"lits (except Ihose listed hereinafler), utility foes and equipment needed to proper1y corrplete the ProJect However, the Owner will directly pay only t"le ac~ua! cost for the building perm II issued by the City of Roanok.e, Corrprehensive Sile Plan approval permIt. and land disturbing permit. but the Priva~e Fntity is responsible for obtaining these permits. b. If at any tirre dunng desigF"i or construction it becomes apparent that the final Project costs will exceed the GMP, the Pnvate Enti~y shall immediately notify ~e Owner's Representalive aneJ advise himlher of the action it proposes to take to reduce costs to be within the GMP. Such actions shall be at the Private Entity's sole cost and subject to the Owner's approval. It such costs cannot be reduced ~o be within [he GMP in order to properly complete the Project, lhe Project shall be properly completed and the Private Entity shall be sorely responsible for any excess cost over the GMP amount. c. All proposed revisions or changes to Ihe approved Plans and Specificatlons must be submitted to the Owner's Representative ~or review and approval for conformance with the approved design development plans and specifications, regardless of whether or not they affect the GMP. Owner's review and approval shall be not be un~easonably condit:ioned, delayec: or wilhheld. However, no such ch<\nges shall increase the GMP, excepr as may be specifically provided for in other provisions of this Agreement. d Private Entity shall ensure thilt the GMP amount is not exceeded. but if such amounlls exceeded, Private Entity shall be solely responsible for any such excess amount. e. No payment shalt be made 1.0 Private Entity in excess 01 the GMP except as may be adjusted for any Changes ma::le in accorcance With this Agreement. The Private Entity shall be wholly responsible to carr-plete the Project al no compensation above the GMP. 5.3. CHANGE IN FEes RELATlNG To SERVICES foR MODIFICATION OF DeSIGN. For Changes to the ::lrawings and specIfications requested by the Owner after Owner's approval of the hnal draWIngs and speci~ications, if such changes substantlal1y add to the Scope of Work, tl-}e Private En!ity shall, upon the w~itten request of the Owner's Representative, make the necessary design drawing ar1d specmcafion revisions; prepare allo issue requests for proposal deSCribing the modificatK:ms; prepare estimates, drawings and speci1ications as required; evaluate proposals and make recoMmendations to the Owner's Representative. Tt'le amounts payable by O...."er fOJ services under this paragraph w'lI be negotiated, and if the amOJnt payable cannot be agreed upon, will be basAd upon the rates indica.ted in EKhibit J hereto and a de1erminalion of a reasonable amount 01 time to complete such additior,al services. ARTICLE VI SAMPLES 6.1. SAMPLE APPROVAL. After issuance of tt:e J10tice to proceed WItI-} construction, the Private Entity shall fumish to the Owner's Representative samples required by the specifications or by the Owrer's Representative, for the Owne~ RepresentatIve's approval. Tre Owner's review and approval shall not be unreasonably Withheld, conditioned, or delayed and shall be made in a time frame so as not to delay the Private Entity or COntractor. Samples shall be delivered to the Owner's Representative as specified or as directed. The Private Entity shall prepay all shipping charges on samples. Materials or equipment for which samples are requIred may flot be used in the Work un:il the Owner's Representative approves them In writing. Approval of a sample is only for the characteristics or use named in the approval and may r.ot be construed to change or modify any requirement of the Contract Documents. Substitutions are not pennitted unless approved in writing by the Owner's Representative. 6.2. LABELS. Each sample must be labeled to show: a. Name cf Project building or facility, Project tille, and contract number; b. Name of Private Entity and (if appropnate) Prime Construction Contractor and subcOJltraclor; c. Identification of naterial or equipment, with specification requilemenl; d. Place of o'igin; and e. Name of producer and brand (if any). 6.3. MARKINQS. Samples of f1.'lish materials must t,avc additional markings that will identify them under the finish schedules. 6.4. COVER LETrER. The Privale Entity shall mail under separate cover a lener, In triplicate, submitting each shipment of samples and containing the information required in Sections 6.2 and 6.3 above. The Private Entity shall also enclose a :xlpy of that le<<er with the shipment and fail: or send a copy to the Owner's Representative on the Project 6.5, USE OF SAMPLES. Approved samples not destroyed in testing will be sont to the Owner's Representative at the Project, Approved samples of hardware in good condition will be marked for IdenMcation and' may be used in the Work. Malerials and equipMent incorporated in the Work must match the approllecJ samples. Samples no: destroyed in testi,1g and not approved will be returned at the PrIvate Entity's expense if the Privale Entity so requests in writing a: the time 01 submission. 6.6, FAILURE. Failure of a'1y material to pass thQ specified :ests will be sufflclenl cause for re1usal to consider, under this Agreement, any further samples of lhe sarne brand or Make of that material. The Owner reserves the right 10 disapprove any material or equipme"lt that has previously proved unsatisfactory in service as determined in Owner's sole discretion. Page 7 of 30 2.14.07 6.7. runNG. Sarrples of materials or equipment delivered on the site or In place may be laken by the Owner's Representat!ve lor testing. Failure of a samp~e to meet the requirements of tl1e Contract Documents may \loid previous approvals of the item tested. The Private Entity shall replace materials or equipmen: found not to have me: requirements of the Contract Documents. unless Owner, in its sole discretion, elects to accept an eqUitable downw31d adjustment to the GMP in lieu of such replacement. 6.8 COST Of TESl1NG, The Private Entity st-all pay for all costs of consll1Jction testing, including sampling, field tests, laboratory tests, inspection services lo verify 50.1 classifications, moisture density of solis, observation of subgrades to receive compacted structural filllo~ building and pavemenl support. observation of pavement subgrades to receive compacted base course material, observation of 'il! placement and field dersity testing, observation of footing subgrades to evaluate suitable bearing, observation 01 concrete pours, field COncrete slump testirg, air content testing, molding ot concrete cylinders. laooratory curing and compression testing of concre:e, ob5ervation of steel installation, ultra-sonic testng of steel moment connections, steei weld lesling. The Private En:lty shall provide written reports of observations, recommendations, and testing activities as the Project progresses. Private Entity s'all ma\(,8 a written report on a biweekly basis 10 the Qvmer. All tests pertaining to physical or chemical properties 01 ma!erials must be made if" a laboratory appro\'lEld by 'he Owner's Representative. The Private EntIty shall include aU applicable ~ests required by ASTM in the spe:::ifications. TIle specifications wi!! also include all tests and inspections required by Codes and Standards Tho CMller will pay lor the costs of any additional tests the Owner deems necessary, including those relaled to engineering serv.ces and special inspections required by lhe Building COMmissioner. HOWilvcr, if such tests indicate that Ine workmanship or mater:als used by the Pnvate Entiry are nol in conformance wit~ the Construction Documents, approved shop drawings, or the approved materials, the Private Entity shat! pay tor the tests and/or re.tElsts and remove ail Work and material failing to conform. and replace with W:)rk and materials in full conformity, without additional cost 10 the Owner, and to the Owner's sat:staClion. 6,91NVENTORYOF SAMPL.ES. The Private Entity shal! mai,tain an inventory of all approved samples until final Inspection of the Project Such samples shall be ava.llab!e to Owner for addit;onal viewing. inspection and testing, as deemed necessary by Owner, at all times. ARTICLE VII MEASUREMENTS, DRAWINGS. SPECIFICATIONS 7.1. REQUIREMENT FOR VERlACA110N OF MEASUREMENTS/ON Sn"E DocUr.tENTS, a. The Private Entity shall keep at the site copies of all drawings and spec:fications relaled to the Contract Documents and shalf at all time give the Owner's Representa1ive and any designated representative access fo them. b. When the word .sirnilar" appears on the drawings, it has a general mean'ng and must not be ln~erpreted as meaning identical, and all details must be worked out in relalion to their location and connection With other parts of the Work. c. In case of discrepancy either in figures, drawlOgs. or specifications, the matter must be promptly submitted to A-E, who shall provide a delennination in writing, for approval by the Owner's Representative :n writIng. Any adjustmen~ by the Private Entity without such approval will be at the Priva:e Entity's own risk and expense. The Private Entity shall furnish from time to time such detailed drawings and other infonna:ian as may be deemed reasonably necessary by Owner's Representallve. d. The Private Entity shall verify all dimensions shown at exist'ng Work, and all dimensions required for Work that IS to connect with Work now in place, by Bclua! measurement of the existing Work. Any discrepancies between the requirements of the Contract Documents and the existing conditions shall be referred to the Owner 5 Representative for a determination in writing before Ihe Private Entity performs ary Work affected by these discrepancies. 7.2. DRAWINGS AND SPECIFICATIONS REQUIREMENTS. The following requirements apply to Private Entity's responsibility to cause the Plans and SpeCifications to be proper1y prepared: a. Required tochnical specifications shall be prepared in accordance WIth the highesl industry standards Specifications must be complete, concise, and Iree 01 repetilion and ambJgUlfy. eaTS must be exercised 10 aVOId specifying the same Work in more Ihan one section and to avoid duplication or conflict with the general provisions, special provisions, and the draw!ngs. b. The specifications shall be sllbmitted on 8-1/2"xt 1. sheels. c. If guide specifications are not furnished, typ;cal specifications developed and used by the A-E in general practice consistent with the highest industry standards shall be used in p~eparing contract specifications. The CSI Format for Construction Specifications, CSI Document MP.2A, shall be used in the arrangement 01 Project spoclflca~lons. d. Testing 10 establish compliance with Ihe Contra::t Documen:s for critical itEtlT's or critical portions of the Work. shall be specifiea as !he Private Entity's rosponsibility. Testing sr'Jall be consistent with thai reqUired under standard commercial practices as approved by Owner's Representative and/or the local bu:lding officials. Any testing requfremen~ specified do nor limit the Owner trom having addrtionaJ resting and inspectioro performed In Owner's discretion. e. Submittals such as shop drawings, samples, and cert'licates shall be specified as necessary to establish compliance with the Contract Documents for critical portions of the Work. The Private Entity should nat require submittals for minor cOMmercial items or for items of marginal value. The Private Entity st'.all include in the mechanical and electrical sections the extent of a manufacturer's literature, rating data, pe10rmance curves, spare part lists, and shop drawings that must be furnished tor review and approval before procurement. f. The speCifications shall reqJire the Private Entily '0 make lield tests of heati.'1g aM air conditioning systems to demonstrate that the eql.;ipmenl Will perform as reqUITed. The resutts of the tests are to be submitted before Ihe fhal inspection. Manufacturer's representatives may be required for inspection. start-up, and InstructIOns In Ihe operation and maifltenance of equipment and the Private Entity shall ensure their presence tor such purposes'l requested by the Owner. g. Tr.e spccificat;ons shall reqIJire thaI the Private Ertity furnish manufacturer's manuals, spare parts lists, diagrams. instructions, pertormance cata, curves. and shop drawi'1gs as approved for major items of equipment to be installed in the Work. P.. All reqUired drawings shall be prepared and furnishea as repf"Od.Jcible tracings. All final drawings must be 8.1I2"x11, 11"x17,~ 18"x24: 24"x36," or 30'x42." trim-to.trim, with OINner title block, graPhic scale, and Metric conversion :ab'e. Draw!ng melhods and quality must permit satls~actory, Page 8 of 30 2-14-07 clear and legible one-hall (1/:?) si78 reproduction. Lettering on ttle drawings Will not be smaller in height than .12 (1/8) inch frP.ehand or .10 l'lC'} mechanical. I. All final drawings shall be detailed wor1<ing drawings as necessary for cHlCienf execution of the conslruction Work. They must confnrm with the above general reQuiremel1ts and lhe require'Tlems previously stated. All original crawings must be prepared at an adequate scale 10 properly present the dosign data development including detailed features. Oray,~ng scales for buildings or structures smaller than 1/B-inch :;;; 1'-0" Lire not penllitted without prior written approval of the Owner's Representative. j. The electrical design must be separated inta MO plans, when necessary to avoid congestion' one devoted to the power, receptacle, le:ephone, fire alarm and intercommunication systems, and the other to lighting. Similar1y. the plumbing and heating/air conditIOning must be separated. when necessary to avoid congestion. A minimum scale of 1/4-inch = 1'-0. must be used for all details of areas 01 congestion such as mechanical rooms, toilet rooms, and the like, and as may otherwise be reasonably desig'lated by the Owner's Representative. Dra\'Ving scale for site, utility or other related Work ou1s.de five foot building line), including details (engineer's) must clear1y and adequately reflect rt'e design data developed. Drawings must be organized and provide appropriate detaiis of the site work (la)>O:.J1. grading. paving, arnj drainage) and the utilities (water, sewer, gas, power, and comm~nications) separate from the building andior structure draWings. k. All design sl.bmissions prepared using CADD support shall be accompaniec by elec~ronic hies of the submiSSIon in AutoCAD, in a versiot'l compatible wth the Owner's computer system which useS Autodesk@Apchit&:turaIDesktop. Any discrepancies in figures. drawings. specifications, or submittals shall be promplly resolved by the Private Entity. Pnvale Entity shall immediately notify {he Owner's Represental;ve 01 an~' dIscrepancies in such drawings andlor speciflcahons and confirm such notice in writing withil1liV"e 15) calendar days. m. The speCifications shall include. to the salistaction of the Owner, train:ng 01 Owler's personnel un the operation and maintenance 01 systems anrj e::juipment. In addition, the specifications shall include, to the satisfaction of the Owrer, the development ancl submittal of operaljons and maintenance manuals, to include three (3) copies of each such document. n. Private Entity shall be responsible (or making all changes in the Wo"'k necessary to adapt and accommodate any equ;valent preducl or item fhat it uses. The necessary changes shall be made at the Private Entity's sole expense. 7.3, SHoP DRAWINGS. SUBMITTALS, CooRDlNAll0N DRAWINGS, AND SCHEDULES. B. The Private Entity shall submit to d1e Owner's Reprosentative, In triplicate, a schedule listing all items tllat will be furnished for review and approval no later than thirty :30) days after Owners final approval 01 Plans and SpecIfications. For example, Ihe schedule musl include shep drawings ard manutac~l.;rer's literature, test procedures, test results, certificates of compliance, material samples, and special guarantees, etc. The scf1edule must ind,cate the type of item, contract requ:rement reference, the Private EntIty's scheduled date for submitting the above items, identification of the hrsl schedlJled activity and projected needs fOr approval answers to support procurement or installation. In preparing the schedu'e, reasonable t me will be allowed for review. approval, and possible re-submittal. Also, the sc!1eduling shall be coordinated with the approved constructiOn progress char.. The Private Entity must revise and/or update the schedule as the Owner's nepresentative reasonably directs. Such revised scnedule musl be made available to the Owner's Representative for monitoring. b. The Pr:vate Entity shall submit to the Owner's Representative shop drawings, coordination drawings, and schedules for approval as reqUired by the specif cations or requested by the Owner's Representative, as follows: 1. Shop drawings sf1all include fabrica!ion, election, and setting drawings, schedule drawings, manufacturer's scale drawings, wiring and control diagrams, cuts or entire catalogs, pamphlets, descriptive literature, and performance and test data. 2. Drawings and schedules, other than catalogs, pamphlets and similar printed material, shall be reviewed, signed and submitted in reproducible fcrrn witt' three prin:s made by a process aoproved by the Owner's Represen~ative. Upon apprcval, the reproducible lonn will be returned to the P'ivate Entity who shall furnish the number of additional prints, not to exceed ten. The Private Entity Shall submit shop drawings in calalog, pamphlet. and similar pnnted form in a minimum of fOJr copies plus as many additIonal copies as the Private Entity may desire or need for the use of subcontractors. c. Belore subm tting shop drawings on tI1e mechanical ar.d electrical Work, the Private EntIty sf1all obtain the Owner's RepresentatIve's wntten approval at lists of mechanica.l and electrical equipment and materials as required by the specifications. d. The Private EnNy must check the drawings and schedules and coordinate them (by means at coorC1ination draWIngs whenever required) With lhe WOlk 01 all trades involved before submiSSion, Indicating approval on them. Drawings and schedules submitted without evidence of subcontrac~ors/trades' approval may be rettJrned for resuomission. a. Each shop drawing or coordll1ahon drawing must have a bL"\nk area 5 x 5 inches, located adjacent to the title block The tifle block mw:;f diRplay' 1. Number and litle of drawing; 2 Date of drawing or reviSion; 3. Name of Project building or facility; 4. Name of Private Entity and, if appropriate, of Subcontractor submitting drawing; 5. Clear identity 01 conlents and Ioca'lo~ on the Work: and 6. Project title and contract number. 7. Provide a unique 9 digit alphanumelic transmittal number containing the speci~ication number (5 digits), sequence number (3 digils), and iteration Jelter (1 digit) clearly identifying the slage of the s~bmittal process. 1. Unless olherwise provided in this Agreement OJ otherwise directed by the Owners Representative, shop drawings, coordination drawings, and 8Chedules ml..st be submitted by Private Entity sunicientlv in advance of construction requirements to permit fourteen (14) calendar days, exclu:jing delivery ~ime to and from the cor.tractor, for checking and appropriate action by the A-E. SiJch ilems shall be submitted to the Owner'S Represefltative (2 copies) for review concurrenlly with the A-E's review. g, Except as otherwise provided in subparagraph h. below, approval ot drawings and schedules Will be general and may not be cons~T1Jed as: ,. Permittir.g any departure from the requirements of the Contract Documents: or 2 Relieving the Private En~ity of responSibility lor any errors, including delails, dimensions. and materials. Page 9 of 30 2-14-07 h. If drawings or scheau,es show variations from the requirements or the Contracl Documenls because of standard S'10P practice or for othAr reasons, the Privale Enlity rrus1 cleo.rly describe the variation in the letter at transmittal. " acceptable, the Owners Represenlalivt: may approve any or all variations and issue an appropriate Change Order If the Private Entity fails to describe these variations, it is not relieved of the res:JOnsibtli~y for executing the Work. In accoroance with the Contracl Documents, eVfm though !he drawings or schedules have been previously approved. S.,op drawings, samples, color schedules, catalog cuts, construction schedule, elc. submitted 10 Owrll:r's Representative muslllrst be reviewed by !he A-E to verify compliance wIth the Construction Documents. The Owners Rep,esentallve reserves the right to review building shop drawmgs, and lormwork and falsework drawings. Such submit.als shall be only in response to a specific request by the Owner's Representative. The Pnva,e Er:tity shall prepare and Slibmit equipme.1t room layout draWings and draWings of areas where the equipment proposed for use could present interface or space difficulties. Roem layout drawings must confcrm to the requirements established for draVvings. Layouts must he submitted W'ithin forty (40) calendar days afler completion of final construction drawings. Submittals describing the various mechanical and electrical equIpment Items which are to be installed in the areas represerted by the layout draw'ngs must be assemoled and submitted concurrently and accompanied by the room layout drawings. Room layout drawings must shO\'II all pertinent structural and fenestration features and other ilems such as cabinets requiled for Installation and which will affect the available space. All mechanical and electrical eqUIpment and accesso'ies must be srown in scale in plan and also in elevation and/or section in their installed locations. Duct work and piping also must be shown. k. All shop drawings, ductwork draWings, and spm:.k1er drawings must be on 30" by 42" sheets to fit the size of the Project drawings. I At the completIon of the Project, updated duclwork dra\'llings and sprhkler drawings must be sUbml"ed as part of tr.e "As-Suitt" drawings submission. rn. All certificates required for demonstrating proof of compliance of materials with specification requ'rements, including miil r.:er1ificates, statements of applicat.on, and extended warranties, must be executed in cuadruplicate and furnished 10 t!"le Owner's Representative. It is the Private Entity's responsibility 10 review all certificates to ensure CO,...lpJiance with [he requirements of tbe Contracl Documents and that all affidavits are property executed pr'or to submiSSion to the Owners Representative. Fach certjficate must be signed by an official authorized to certify on behalf of the manufacturing company. Eac.h certificate must contain the name and address of the maOl.:facturcr. the Project name and localion, and the quantity and date(s) 01 shipment or delivery to which the certificate(s) apply. CoDies of laboratory test feporfs submitted with cer1iticates must contain the name and address of the testing labolatory and the date(sl of the tests to which the report applies. Certifcatio:1 shall not be constr,Jed as relieving !he Private Entity from furnishing satisfactory material, if, atter test(s) are pertonned on selected sarrple(s). the material is found not to meet Ihe specified req\.lirements. n. The A-E shall review and approve all Shop drawings and other Items. All approvals must be in accordance with the terms of the Contact Documents. Processing will be ac.complished in accordance with the following procedure: 1. The Prime ConstructIon Contractor s....all transmit reproducible copies of shop drawings etc. to the A-E for review. Information copies of the letter 01 transmittal, clearly identifying shop drawings. etc., shall at the same time be furnished '0 the Owner's Representative. 2. As a result of the A-E's review, each sl..bmittal will be marked by the A~E as follows: "A-Action": The fabricatiol'\, manufacture and/or construction may proceed providing t~e Work is in compliance With the Contract Documents. "B-Action": The fabrication, manufacture and/or construction may proceed providing the Work IS in compliance with the A-E's notations and the Contra:::t Documents. 'c-Action": No Work shall be Fabricated. manufactured Or construc~ed and a new submittal is required. No submittal marked "C-Action" shall be~i~onsi~. . (a) The Pnva~e Entity is responsible for obtaining prints 01 all "A-Action" and 'S-Action" reproducible st)op drawings and d:stributirg them to the held and to the subcontractors. Concurrently, two (2) copies 01 Bach print shall be provided to the Owner's Aepresenla:lve. (b) The Private Entity is responsible for obtair'ling copies 01 all "A-Action" and "B-Aclio~" manufacturer's descriptive literature, litera~ure, calalog cuts and brochures and distributing them to Ihe Prime Construction Contractor. Concurrently, two (2) copies of each shall be prOVided to the Owner's Representative. (c) 1 he Private Entity is responsible tor sLJbmi"ing new shop draWings, brocl--ures andlor Sarl"'ples to replace all "CoAction" items and furn;sning two (21 copies 10 the Owner's Representalive. 3. The Private Entity is responsible lor maintaining the SImp Drawing log. An updated copy of the Log shall be furnished to the Owner's Represen1a:ive no less than monthly. 7,4. REcQRD "As BUIL.y" DRAWINGS. a. The Private Entity shall. during the progress 011he WOrk, keep a master set of prints on the job stte (Record or also referred to as "As-BuIW drawings) on which is kept a complete, careful and neat recOld of all deviations trom the Ccnstruction Documents made during the course of the Work. b. The Private Entity shall provide Ihe Owner with one, cornlJlele, reproducible set of ttle Construction Documents incorporating Ihe re'llisions and changes made during constructIOn up to acceptance of the Project. These updated plans and specifications shall reflect all changes to Ihe Construction Documents to indicate the ~As-Built" conditions. Incllidmg revisions in site and building area tabulations. These drawings and SpBCifications must be certilied as to their correctness by 1ne signature of the Private Entity and A-E and used in prepanng a permanenl set 01 "As- Builr drawings. c. In addllion to reproducible submissions, the P'ivate Entity mlJst submit a CAOO system electronic file for these "As Builr documents prepared with a CADD system compatible with tile Owner's AutoCAQ system. d The Qwfler reserves the right to review "As.Built'" documents at any time during the Project. e. The Private Entity shall forward all "As.Suitt" drawings, speCifications and photographs to the Owner's Represel1tat:ve not later than t'1irty (30) calendar days after Project completion. f. Ar:y part 01 the costs associated with the preparat,on and completion of the "As"Builr drawings wili not be paid to Private Entity by Owner until the As-Bllllt drawings are providea to and approved by the OWoeu's Representative. Page 10 of 30 2-14-07 7.5. SPARE PARTS DATA. a. Tho Privata Entity shall tumish spare-parts data far each different item 01 equipment furnished. The data must include a complete list of parts and sU::Jplies. with cunen! unit prices and sourc.:es of supply; a list of parts and supplies that are either nomlally furnished at no extra cost with (he purchase of the equipment, or specified to be furnished as part of the Contract Documents, and a list of additional i:err.s recommended by (he manufacturer 10 ensure efficienl operation for a period 01360 days a! the particulal installation. b. The foregoing Ijoes not reheve the Private Enlily of any responsibilities under any of the eguarantees specified and/or ;:ltovided. ARTICLE VIII Warranty 8.1. WARRAN11ES. The Private Entity Warran~s t'1at all the Work furnished as part of the Services is in accordance with rhe requiremems of rhe Contract Documents, 'ree from any defect or inferior materials or equipment, and is of such quality workmanship as to meet the highest standard of care in Virginia for the type of Work perfonned. lOr a period of ~ after the date of Final Completion of all of the Work as defined by Exhibit G. ard, ..rnless o~he'Wise agreed by the Owner in writing, in Owner's sole discretion. all mate'ials and eql..ipment are new. Attached, as Exhibit H, IS a list of eXlended warral1tles that Private Entity is providing. or will be providing. or is or will be assigning Irom manufacturers and which shall be in addition to the warranty menlloned above. All warranties provided or assigned by Private Entity shall be cumulative, so as to maximize Owner's warranty protection. All warranties are subjecl to the reasor.able aporoval of the Owner. Such warranties srall not conla n any indemnity requirements from the Owner. Private Entity will also use Its best e"015 to ensure such warranties do not contain ar.y limitation on liability. any reductlOO of the applicable slatute of limitations, any venue or forum selection cla.Jse other than t,e City of Roanoke, Virginia. or any requirement for mediation or arbitration. Any such language in a warranty shall be void and the Private Entity shall be held to any such warranty as modified along with the entity providing the warranty. 8,2. REPAIRS. I~, Within t"e applicable wananty period, the Owner 0" Owner's Representative f,nds that warranted Work needs to be repaired or changed because the materials, equipment. or 'N01<manshlp were inferior, defective, or not in accordance wth the requirements of the Contract Documents, the Private Entity shall promptly, and without addilional expense to the Owner; a Place in a conoition consistent with the warranties anc satisfactory to the Owner all of the warranted Work.: D. Correct all damage to eqlJipmenr, the site, the building, or irs contents that is the result 01 such unsatisfactory Work in a manne~ satisfactory to the Owner; and c. Correel any Work, materials, or equipment dIsturbed in fulfilling the warranty In a manner satisfac~ol)' to the Owner; and d. Should the Private Entity fail to Dfoceecl promptly ifl accOlda~ce with the warranty, the Owner may have the Work performed by others at the Private Entity's expense and Private Entity agrees to promptly pay the Owner for aU such costs, including reasonable attorney's fees. 8,3 TRANSFER OF WARRANTlES, The Private Entity shall obtain each transferablo guarantee or warranty of equipment. materials, or installation thai is furnIshed by any manufacturer or installer in the ordinary course of the business or trade. The Private Entity shall obtain ard furnish to the Owner all information required 10 make any such guaranlee or warranty legally bjnding and effective, and shall submit both the information and the guarantee or warranty to the OWner in sufficient time to permit the Owner to meet any time limit requirements specified in the gl;arantee or warranty or. if no time limit is specified. before completion and acceptance of all Woric. under Ihis Agreement. 8.4 _WAIVER. Owner, by accep~ing any warranlies or guarantees under this Agreement, does not waive a..,y Jegal right or remedy Ihat Owner otherwise may have for breach of this Agreement and/or for breach at any such warranties or guarantees. ARTICLE IX INSURANCE, BONDS AND RISI( 9,1 BONDS. Priva~e Entity shall provide payment a~d perfonnance bonds, or letters of creeN. for 100% at 1he construction value of the Project. The bo''1ds shall be provided \'\/hen and to the extent the Private Entity has been given a notice to proceed with constrocrion af the site. The bonds. or letter of credit, shal! make the Owner 01)lige9 and shall be in a form acceptable to Owner. Sample bonds are attached in EXhibit l. The sureties providing the bonds shall be rated AVIII or highc~, approved by the Owner's Representatlve in wri:ing. and authorized to do business in the Commonwealth of Virginia. 9.2 INSURANCE. a. Dunr:g the term of this Agreement. the Private Entity and its Subcontractors must maintain the insurance required by this Section 9.2. and/or the Private Entity can include such subcontractors under the Private Entity coverage. The Privale Enlity is fully responSible 10 verify the jnsu~ance coverage of any subcontractors, and the Pr~vate Entity proof of coverage documentation must specifically so state that there eXIsts no exclusion for Private Entity subcontractors. Insurance companies providIng such insuraflce shall be licensed in Virginia and shall be rated al least AVIII or higl",er by A.M. Best. Policics shall include all terms and prOVisions normally included in a policy of the type specified. The Owner, 'Is officers, employees, agents and representatives shall be included as an additiona' insured on the liability poliCies. not including professional liability for the A-E, b. Neither the Private Entity nor any subcontractor shall commence 'NOrk for this Project until the Pnvate Entity has provided procf of insurance as required under this Section and siJch insurarlce has been approved by the City. The following minimum insurance requirements apply: Workers' ComoensatiO"1 and Emolavers' Liabilitv. The Contractor shall obtain and maintain Ine follOWing limits: Wor,cers' Compensarion: Statutory Employers' Liability: $100.000 bodily injury by accident each OCcurrence $500,000 bodily injury by disease (policy limit) $100,000 boclily injury by disease each employee Page 11 of 30 2-14-07 Commercial General LiabiJilv. Coverage is II') be written 011 an "occurrence' basIs. S5,OOO.OOO minimum limit. and s'Jch coverage ~hall iilcT.Jde-'at a minimum: PJOO\JclslCompfe1ed OperatIons Personal Injury and Advertising Injury Bodily Injury Oelote X, C, U exclusions Rigger's Liability stating 'on hook' coverage AlllomobFc Liabilitv: Limits for vehicles owned. ~n-ow~ed or hired shall not be less than: $5.000,000 Bodily Injury and Property Damage combined single limit Umbre,ls Coveraae Reauired limits may be achieved ty comb'ning underlying primary coverage with umbrella liability coverage to apply in excess of general and aulomoblle liabihty policies, including rigger's liability coverage. c. The required ce11ficates of ;nsurance shall contain substantially the following stalemenl: "The insurance covered by this certif,cate shan not be canceled Or materialty altered except after a thirty (30) day advance wrinen notice has been receiVed by the City Engineer." d. The Private Entity and Its subcontractors must lumisll a certificate of insurance Or, if required by Ihe OMler's Representative, true copies 01 liability policies and manually countersigned endorsements of any changes. Insurance mUSl be effective, and evidence of acceptable insurance fum'shed by Private En\lly 10 Owner, before beginning performance l.'nder this Agreement. Evidence 01 renewal must be furnished not later than five days before a DOlicy expires. e. The maintenance at insurance coverage as required by this Section 9.2 IS a continuing obligation, and the lapse or termination of insurance coverage witt'out replacement coverage being Obtained will be groundS for termil1a~ion for derault. f. The O'.vner does not carry builder's risk irlsurance coverage. Private En~ity shall prOVide builder's risk insurance for 100% of the constructed value ar,d shall have Owner named as an additional insured. The Builder's nisk coverage shall include property in transit, on or off-premises that will become part of the Project. I"he Builder's Risk coverage shall include any pre-existing portion of any building damaged as a result of the Project. Private Emity shall procure and mai.'1tain a builder's risk insurance policy on an ~an risk", 100% replacement cost baSis, until completion and acceptance of the Project. The Private EntIty agrees to endorse the policy with a manuscript endorsemenl el,:minating the automatic termination of coverage in the e...ent the building is occupied in whole or in part. or put to its inlended use, or partially accepted by the Owner. The manuscript endorsement shan amend the automatIC termination clause to only tcrminale coverage if Ihe policy expires, is cancelled, the Owner's interest in the building ceases. or the building is finally accepted ar'ld Insured by the Owner. Cessation of the Builder's Risk coverage shall be affirmatively coordinated by Private Enlity wirh the Owner. g. Private Entity shall be responsible lor filing and settling o~ all claims and liaison with insurance adjusters. h. Neither lhe Private Entity nor any subcontractor shalf commence Work lI11der :-his Agreement \lnlil the Private Entity has obtained and provided proof of the required insurance under Ihis section to the Owner. The Private Entity confirms thai all subcontractms have provided tt-e Private Enti:y with proof of ins;Jrance. Private Entity further warrants that plOof of coverage as provided to the Owner respo'lds an a primary basis in the event of an uninsured or underinsured subcontractor. Ail such insurance shall be primary and nOIl.contributory 10 any insurance or self-insurance the Owner may t"1ave in lorce. The lequired certificates of insurance shall name the City of Roanoke, its officers, agents, volunteers, and employees as additiol1al insureds except with regard to the workers' compensation and e:nployers' liability coverages. All coverages shall contain a waiver of subrogation in favor of the City. Addrtlo~af insured and waiver endorsements shall be received by Roanoke Risk Managemenf 'rom the insurer within thirty (3D) calendar days of the beginning of this contract. Certificate must also state that the aggregate limit applies on a per project basis. j. Propeny Coverage - Installation Floaier (and Rigger's Form, if applicable) will be required for the Installatio~ of contents or equipmont. coverage will begin with supplier and continue until equipmentlccntents has been lully inslalled. Floater will be valued lor the replacemen! Cost value of eQu:pmentlconlents includit1g all costs. The Private Entity shall provide coverage lor portions of the Work stored off-site after written approval of the Owner at the value established in the approval ard for portions of the Work in transit. Riggers Form extension to the General Uability coverage may be on the Private Enlity'g Insurance coverage, or may be a certificate from tile crane conpar:y supplying this coverage and lisling the City af Roanoke, its attlcers. agents, volunteers, and employees, ancllhe prlvate1:.nllly and tile subWfllractors as additional insureds. k. Special Hazards - In the e...ent specIal hazards are evident in the Work contemplated, or if required by tt,e Contract Documents, the Private Er:tity shall obtain and maintain during the life 01 the Agreement a rIder fo the policy or po:icies required, in an amount not less than that stipulated under the above paragraphs. Sho...ld any unexpected special hazards be encountered dunng the performance of this Agreement, the Private Entity shall, prior to performing any Worl< invo....ing the special hazald, immp.diately obtai'l this insurance as ir:structed by thG Owner. In the event the special hazard requiring the additional coverage was not a part 01 the GMF', the expense of such insurance shall be reimbursed to the Private Entity by the O'Nller, otherwise the Private Entity shall assume lull responsibility fOI the purChase with no charga back to t'le Owner. Limit of Liability - Nothing contained in the~e insurance requirements is 10 be construed as lImiting tile liability of Private Entity or Private Entity's insurance carriers. Owner does not in any way represent that the coverages or the limits 01 Insurance specified is sufficient or adequate to protecl Pnvate Entity's interests or Iiabi!ities, but are merely minimums. 7he obligation of the Pnvate Entity to purchase insurance herein shall nol in any way limit the obligatioJ1 of the Private Er.tity in a'lY event andlOl in the event that ,he Owner shoiJld suMer an injury or loss in excess 01 the amount recoverable througt, insurance. 9.3 ERRORS AND OMISSIONS. a The Private EntIty anj A~E shall maintain ProfeSSIonal Liability Insurance in tne amount 01 $ 5,000.000 for errors and omissions. b. Unless the Priva:e Entity's poltcy Is prepaid, ncn.cancelable and issued 101 a periOd at least equal to the term o1lhis Agreemen~ on an occurrence basis. the Private F.n:ity shall have the polley amended to include substantially the IQlIowing provision' ~It is a condition 01 this policy that the company furnish wrinen notice to the O'Nl'ler thirty (30) days in advance of the effective date of any reduction in or cancellation of this policy.ft c. The Private Er,tity shaH fumish a certificate of insurance or, if required by the Owner's Representative. true copies of :iability policies end manually cOlintersigned endorsements of any changes. Insurance must be effective. and evidence of acceptable Insurance furnished by Private Entity to Page 12 of 30 2-14-07 Ovmer, before beginning perforrT.ance under Ihis Agreement. Evidence of renewal shall be fumished not later than five days before a policy expires. 9,4 INOfMNFlCATlON. The Pnvate Entity shall hold harmless, defend and indemnity the Owner and its o'ficers, City Council and Council members, agents, representatives, and el"1ployees from aU claims, losses, damage, actions. causes at action, expenses, and/or liabj/jty, includhg any related attorney fees, accourtant lees, expert witness fees, consu'tant fees, C:lurt cosls, per dIem expenses, traveling and transportation expenses. or other such related costs resulting trom, brought for, or on account:J1 (I) any personal injury or property damage of any type claimed, including any alleged wrongful death claim, received or sustained by any person, persons Dr property growing out of, occurring, or attributable to any Work perfamled under or related to ttJis AgreeMent, to lhe extent resu'ting 'rom any acts or omissions of1he Pr'vate ~ntlty. any Subcontractor. or any employee, agent, or representative of tr.e Private Entity or allY Subcontractor or anyone perlormjng Work for the Project through them, (ii) any mechanios' or construction liens arising as a result of the Work or (iii) any failure 01 the Project to comply with any applicable govemmentallaws, ordinances, rules and regulations, and/o. arising in any way out of or resulting tram this Agreement or any of the War\( prOVided thereunder. 9.5 BANKRUPTCY, In the event the Privale Entity enters into proceedings relatmg te bankruptcy, whether voluntary or invalunlary, the Private Entity shall immediately notify Owner's Represenlallve. The notification shali be sent to ensure its receipt within five (5) days of the initiation of the bankruptcy oroceedings. The notification shall include the date on which the bankruptcy petition was filed, ~he court in which the petition was filed. and a list of Project contracts for which flna! payment has not yet been made. This obligation rcmairs in eftact until final payment under fhis Agreement. It a surely upon any bond furnished in connection with this Agreement or any Insurance carrier provid;ng coverage in connection with rhis Agreement becomes insolvent. the Priva~e Er.tity shall promptly replace the bond or insurance poliCY with one which is equivalent and acceptable to Owner. ARTICLE X NOnCES TO PROCEED, COMMENCEMENT AND COMPLEnON 10.11NmAL Nonce TO PAOCeeD. Execution of this Agreement by Owner constltutDs Notice to Proceed with design and Construction Documenl preparation 10.2 NOTICE TO PROCEED FOR CONSTRUCTION, PROSECUTION, AND COMPLEnON OF WORK. No construction Work may be performed by or ttlrough Private Entity except pursuant to a Notlce to Proceed with construction lor each phase issued by the Owner's Representative. The Private Entity shalt: a. Commence Wcrk under this Agreement within ten (10) days after the date of the Notice to Proceed from trle OwTler's Representative, b. Prosecute the Work diligently, and c. Substantially complete each phase of the construction Work in accordance with Exhibit G, TIME BEING OF TltE ESSENCE. Some Work (preliminary sltework, denolition, shop dra.....ings, fabrication, general conditions work, etc.) may have to be performed prior to the full commence'11enl of construction. The time stated for co,-,pletion of each phase includes cleanup of the site. Private Enti~ shall achieve Final Comoletlon as soon as possible but not later than thirty (30) calendar days after Substantial Completion of each phase. At the tIme of receipt ot the ~uild ng perm.t and monthly thereafter, Private Entity shall consull with the Owner's Representative with regard to the likely Substantial Completion date 01 eac,'l p~ase and earlier occupancy dales so as to allow the Owner to plan its move. 10,3 NonCE OF DeLAY. Immediately, and in no event no later than ten (10) days after first becoming aware of any difficulties that rnigh~ cause any delay under this Agreement. the Private Entity shall notify the Owner's Representat!ve In wrifng of them. The notification mus1 identify the difficulties, the rea~ons for them, and the estimated peliod of delay anticipaled. Failure 10 give such notice in strict compliance with this Section 10.3 will waive any right by Private Entity to make a claim based upon such delay. Such notice shan be a condition precedent to Private Entity's right to pursue any claim tOr an adjustment to payment or schedu'e based UDon such delay. 1o.4LJaUIDAlEODAMAGESFOADeLAY, a. CIty and Private Entity recognize that time is 01 the essence In the complelion Clt the Work and (hilt City will suffer IOS5 or dilmages if the Work .s not compleled wilhin the period of time stipulated, plus any extensions !hereof allowed in accordance With the Agreement. The partie~ also recognize (he delays, expense, and dillicullies involved in proving the actual loss or damages suffered by City if the Work is not completed on lime. Accordingly. if suc'" Work is nn! fully and satisfactorily completed will1'O the period of time set forth in this Agreement, the Pr:vate Entity agrp.AS it shall owe to and pay 10 City as liquidated damages for loss of City's full use or occupancy of the Wo""-, but not as a penalty, the sum of one Thousand Dollars ($1,000) as step one liq;Jidated damages lor each and every consecutive calendar day starting thirty (30) calendar days after the date estilblished for SUbstanllal Completion. Once tre Work is Substantially Complete, the accrual ot step one liquidated damages shall stop and the Private Entity shall have thirty (30) calendar days In wt:ich to achieve Final Comple11on of tM Work. If Finai Completion of Ihe Work is not achieved by the 30th day after Substantial Completion has been achieved, and if no extension ot such time period nas been granted by the Ci1y, then Private En1ity shall owe the City the additio.'lal amounl of step 2 liquidated damages as set forth in "b~ below. b. The Private Entity agrees it shall owe to and pay to City as Ilqu,da~ed damages the sum of Five Hundred Dollars ($500) as step two liquidated damages for each consecutive calendar day during whict: full and satisfactory completion of the Work is delayed or exceeds the number of days provided for in this Agreeme.,t to complete fhe Work. Privale Enlity further agrees that any liquidated damages CIty assesses against Private Entty may also be WIthheld by City from any retainage or other sums City may otherwise owe 10 Private Entity. Private Entity hereby waives any defense as to the validity of any liquidated damages on the grounds such IiqUl::lated damages could be void as penalties or ale not reasonably related to actual damages. All such liquidated damages are in adclil,on to any other damages the City may be en~illed 10 recover from Private Entity. 10,5 SUSPENSIONS AND DELAYs. a. If the perfcrnlance of all or any part o~ the Work of ~his Agreement is unreasonably suspe1Cled, delayed, or interrupted solely by: 1. An order or act 01 the Owner's Represenlative in administering this Agreement or 2. By a failure of the Owner's Repre.c;entative to act within the time specified in this Agreement or within a reasonable time so as nol to delay tho Work of the Pr.vate Entity; then the Private Entity may rAQuest an equitable adjustment to the amourt andlor time due under this Agreement Page 13 of 30 2-14-07 due to any increased c::>sts directly caused by the delay or interruption (including the direct costs incurred during any suspension or interrupti::m), and In the schedule and any other contractual term or condition affected by such suspension, detay, or interrupti::>n. However, no adjt.stment may be made under this Seclion 10.5.a. for any delay or Interruption of performance that has been delayed or interrupted in any way by the action. omission, fau~t or neghgence of ~he Private Entity or those providing Work through Private Entity. b. A c.aim under this clause wi!1 not be allowed for any costs incurred before the Private Entity has notified the OM1er's Representative in wnting 01 the acl or failure to act involved, Or if Private Entity has failed to follow (he procedures of Articte XVII, SectIon 17.5 of this Agreement for s~ch claim 10,6 EXCUSABl.E DELAYS, Pnvate Entity shall not be in default by reason of an excJsable failure in per10rming this Agreement in accordance with its terms (including any failure by the Private Entity to make progress in the prosecutio'1 of the Work. that endangers pertormance) if such failure arises out of causes beyond the control and without the fault cr negligence of the Private Entity or those provid:ng any services through Private Entity. Such causes may include, but are not restricted to, acts of God cr of the public enemy, acts of the Owner. fires. severe floods. epidemics. quarantine restrictions. strikes. freight embargoes. and unusually severe and extreme weafher. but in every case fhe failure to perform must be beyond the confrol and withoul the fautt or negligence of the Private Enti:y or those providing any of the Services through Private Entity, including withoullimitation, the A-E, the Prime Constructfon Contractor. and any subcontractor. who shall plan for all contingencies which can be reasonably antiCIpated. such as unfavorable weather. Co.'1tingencies which can be reasonably ant,clpated shall not be considered a basis for clalm:ng an excusable delay. However. Priva!e Entity must notify O'Nner's Representative in writing within 10 days 01 any such event and such notice is a condilton precedent to any such claim. FurthelTl1ore, Private Entity shall not be entitlea to any additIonal compensation for such events, blJt only to a reasonable time extension as determined by tho Owner. Owner's Representative may disallow such a claim tor an excusable delay if such claim docs not meet all the requirements 0' thiS Agreement. 10.7 CONSmUCT10N SCHEDULE! PROGRESS CHART, a. Within ten (10) working days after receivir-g Notice to Proceed for each phase, the Private Entity shall prepare and sl,.'bmlt to the OM1er's Representa1ive a complete detailed design and construction schedule in the form of a electronic file and .!;ix (6) copies of a practical progress chart. The schedule shall show the principal categories 01 WOrk, corresponding with those used in the breakdown on lNhtch progress payments are based. the order in which the Private Enti~ proposes to carry on the Work, the date on which it will start each category 01 Work. and the contemplated dates tor completion. The design and constnJction schedule must be in suitable scale to indicate graphically the total percentage 01 Work scheduled to be in piace at any time. The Private Entity shall use a Critical Path Method (CPM) fOlTl1al. This schedule shall use Primavera Scheduling software (Primavera Contractor. P3 or P5). with at least 100 aC1ivities includIng sitework, procurement. delivery, significant owner activities, and installation at construction materials and eqlJipment. Activities shall be organized by work areas, work breakdown S!ruclure, and shan be fully cost loaded such that the sum of all actiVities equals the total GMP atld shall be used as the feeo'er report for the Schedule of Values for the purpose of determining progress payment. No aC1ivity shall have a value exceeding $40,000 dollars, or a duration longer than 10 working days, without prior approval of the Owner's Representative. A critical path shall be developed based On scheduling logic that identifies all successor and predecessor activit'es a'ld float. Activities 01 like duratIOn, programmed for different times of the year shall be mocMied to account for weather t~at can reasonably be expected by the Pnvate Entity as indicated in Exhibit K. Activity constraints shall be avoided. Such software and schedule shall be compatible with the Owner's comP\Jte~ system and scheduling software. This will allow 1he Owner's Representative to efficiently process each pay applicali:::m in Expedition, using the AlA G702JG703 lormat YvtIere the G703 back up listing will be t'1e Schedule of Values in CSI division format as explained in section 16.3. so that the Owner will only be paying for work actually completed by the Private Entity. At the end of each progress paymer.1 period, or a.t such rea.sonable intervals as direcfed by the Owner's Reprf3senta1ive, the Privaleo Entity shall: 1. Revise the des gn and construction schedule 10 rsfiecf any changes in the Work., completion time, or both, as approved by the Owner's Represenlative; 2. Enter on lhe design and construction schedule the lotal percentage of Work actually in place; and 3. Submit three (3) copies of the adjusled design and constr Jction schedule, and a complete electronic update, to the Owner's Roprosefltative. b. If at any time the Work falls behind the design and constrllction schedule after taking into consideration any excusable delays as defined above, Private Entity shall take such actioI') as necessary to im prove progress. The Owner's Representative may require the Private Entity to submit a revised design and construction schedule demonsfrathg its proposed recovery plan to make up the Jag in scheduled progress. The plan shall show how tt1e Private Entity shall achieve recovery by increasing resources andlor work times, (it approved by Owner). If the Owner's Representative finds the proposed plan unacceptable. Ihe P(vate Entity may be required to submit a new plan. If the new plan submined is not reasonable. aftor consultation with the Private Enlity. the Owner's Representative lIlay requiTe the P,ivale Entily 10 increase the work fOfce, accelerate the planned construction volume, increase assigned l."Onslruction equipment, or [he number of work shilts, or take other appropriate action. all without increase to the GMP. c. In addi~ion 10 tl1e update perlormEld tor pay applications, Private Entity shall update the schedule and issue a progress report at the mid-month point. If after either update has been performed the actual durations of recurring activi~ies are longer than the original durahons, the Private Entity shall issue a wr;Uen plan that indicales the additional resources to be allocated 10 those aC1ivities showtng how they will achieve the planned duration. Altematively, the durahons of all subsequent OCCurrences of that type Qf activity shall be increased to reflect actual prodUCtion, and the Private Entity shall issue a recovery plan to the Owner's Representative within 10 days showing how the project Will get back or schedule. d, Failure at the Private Enlity to comply with any 01 rhese requirements will be considered grounds 'cr a determinallon by the CMoner's Representative Ihal the Privale Entity is la~ling to prosecu~e the Work with such diligence as will ensure its completion within Ihe time specIfied. 10,8 ExcEPllON TO COMPLETION SCHEDULE AND LIOUIDATED DAMAGeS. In cases where the part,es agree in writing tt1at sodding and/or plan~ing and/or specified maintenance thereof is not feasible during the construction period, such Work will be excepted from the completion schedule and the liquidated damages prOVision 01 Section 10.4. However, such Wc:uk must be accomplished or completed during the first soddIng and/or plantlr.g period or the specified maintenance period following the original completion date within the same number of days originally sct1eduled lor such activity. Th:s shall also include items not contracted to 1he Private Entity. butl1irectly contracted by the Owner with other vendors and which is required 10 complete and pro\lide a fully functional facility. Page 14 of 30 2-14-07 ARTICLE XI PRIVATE ENTITY RESPONSIBILITIES 11.1 PERFORMANCE AND SUPERINTENDENCE OF WORK BY PRIVATE ENTITY. a. The Private Entity shall be responsible for plovidirg all the services called for by this Agreement. In addition, the Private Entity or Its Prime Construction Contractor shall pertorm on Ule sIte, wth its own organi7.ation, work equivalem 10 at leasI10~/" percent of the total amount of work to be pertormed under this Agreement. The percentage of wori\ required to be performed by the Private Ent.ty or Its Prime Construction Contractor may be reduced with written approval of the Owner's Representative. b. The Private Entity must give parsor-al superintendence to the Work. either in person or by having a toreman or supenntendent 0'1 the Privale Entity's payroll, appJOved by the Owner's Representative. with authority to act on behalf 01 the Private Entity, 0" the site at all times Work is in progress. 1. A minimuM of cne Private Entity's superi"tendent (on the Private Entity's payroll) must be providp.c1 on site to be responsible for coordinating, directing, i.'1specting, and expedilir.g the Work 01 the Prime Construction Contractor and its subcontractors. 2. It is contemplated that all Work will be perfonned during nOrmal working hOLlrs, between the hours of 7:00 a.m. until 5:00 p.m., Monday throutjh Friday, local time. unless otherwise specified ir tnis Agreement. Work performed by the Privata Entity at its O.w1 volition outside such normal working hours shall be at no additional expense to the Owner. The Private Entity's matenal and equipment deliveries must not interfere with the arrival or departure of Owner employees, staff and visitors to existing facilities. c. The Privale Entity must refer reqJests received from occupants of bUildings included in the Work area to change the hours of Work, including ant'cipated cost and schedule impact. to the Owner's Representative ~or resolu:ion. d. The PriVate Entity shall submit a daily construction report of the following working day on a fann provided by or approved by the Owners Representative. The report shall indiciltc the number of people by trade or craft. and the type and location of Work. The report shall Include subconlractors, safety and quality violatIOns observed, corrective measures taken to correct the violations, and other information requested by lhe Ovvner's Representative. The Owners Representative may modify the reQuiremp-'1ts of this report as the Project progresses. 11.2 MATERIALS AND WORKMANSHIP, a. Unless otherv..;se specifically provided, all equipment and matenals incorporated in the Work must be new and of prime grade for the purpose intended. Unless otherwise speciflcal"y provided, reference to any equipment, material, or patented process by brand name, rrake, or e:atalog number establishes a standard of quality or,ly. The Private Entity may subslitute any equipment, material. or process that the Owner's Representative finds to be equal to that named, which finding shall be in writing and in hislher discretion. b. tn the event of substitution in accordance with subparagraph a above, the Private Entity Shall furnish to the Owner's Represenlative for approval the manufacturer's name, the model rumbar, and any other relevant information on the performance, capacity, nature, and rating of equipment or malerials pmposed for substItution. /I requested by tho Owner's Representative, sam~es must be submitted for approval at the Private Entity's expense, shipping charges prepaid. Materials or processes substituted without the Owner's Representative's approval may be rejected by Owner. c. The Private Enlity l:it:all obtain the Owl"er's Representative's written approval 01 the maChinery and mecharical equipment incorporated into the Work. The Private Entity shall submit sarnples of all materials and equipment as requirod by the specificat:o'1s. Owner approval or rejection shall be based upon the Contract Documents. d. All Work shall be perlormed in a skiltful and workmanlike manner. Tl10 OlM'ler's Representative may, in writing, reqLJire the Private Entity 10 remove from the Work any employee of the Private Entity, or any subcontractor or its employee, the Owner's Representative deems incompetent, careless. or otherwise objectionable. The Private Entity shall Immediately remove from the Work any employee or any subcontractor or its employee so designated. However, if Private Entity daes not agree with such action, the Private Entity may within 3 days request the City Engineer 10 review and make a decision on the matter, which decision shall be final 11.3 R~PONSlBIUTV FOR DESIGN, a. It is understood and agreed that this Agreement Includes design services. The Private Entity agrees not to assign or transfer any of Private Entity's interests in this Agreement. The Private Entity agrees not to transfer or delegate, to others. its responsibilities under this Agreement except the Private Entity shall be allowed to subcontract portions of the Scope of Work. The Private Entity may engage Persons who are design and engineering professionals to provide design services for the Project. The Private En~ity represents that t'le design prolessionals providing services for the Project include Pcmons with required Virginia lic'1mms and registrations. The Pr;vate Entity fu~hElr represents Iha1 the structural, electrical, mechar:ieal and other engineering disciplines necessary for the design of the Project will be under the airect supervision 01 licensed professional engineers w....o are registered in Virginia or who are persons in responsible charge of an engineering firm registered in Virginia. b. The Private Entity is responsible for Ihe professional quality, technical accu~acy, and cooroination of all designs, drawings, specifications, and olher Services furn:shed by the Pr,vate Entity unaer this Agreement. The Private Entity must, without any changes to the Project cost or schedule, correct any errors or deficiencies in any (Jf the designs, drawings, speCifications. and other Serv:ces, all al no costs to the Owner. c. As part 01 the Private Entity's responsibility under this Agreement the Private Entity shall ensure that the design and constrLlction of the ProJect shall comply with all applicable Codes and Standards, including wi:hout limitation the Americans wi1h Disabilities Act. d. Any Owner review. approval, or acceptance of or payment for, any of the services required under this Agreement shali not be construed to and does not relieve Private E...t:ty of any obligation under this Agreement. The Private Entity shall remain liable to the Owner for all damages caused by the Pri\late Entity's perlorrr.ance of any Services fi.Jmi~hed under this Agreement that fails to meet the requiremenls 01 this Agreement. e. The rights and remedies of (he Owner provided for under thiS Agreement are in addition to any other rights and remedies provided by law. 11,4 USEOFPREMlSES. a. The Private Entity, the P!1me Construction Contractor, and any subcontractors and their employees shall comply with the regulations goveming access to, operation of, and conduct while on the site as shown in Exhibit A attached herelo and shall perform the Work required under this Agree.rnent 50 as not to unreasonably interfere with the conduct of OIM'ler's business or use and occupancy by OIM'ler tenarts except as indicated in Exhibit B. b. As permitted by the site conditions, the Private Entity shall separate its personnel, the Prime Construction Contractor's personnel, and subconrractors' personnel from Owner visitors, employees and Owner property 1"101 involved in the Project. The Private Entity shall cordon off the construc1icn area uSing barricades or olher means to achieve this separat'on. Page 15 of 30 2-14-07 c. Any requests received by the Private Entity lrom OCcLpants, or occupanls In the area. to change the sequence of Work shall be referred to the Owner's Representative. d. The Privale Entity, any subcontractors. and their errployees will not have access to any OMler facility outside the scope 01 t.,is Agreement without pcr."nission of the Owner's Representative except as providec1ln Exhibit B. e. Where available, Pnvafe EntIty may use utility services of the building only if thE'! Owner's Representative determines sJtficient capacity is available to support the Work and confirms such detennination in writing Private Entity. Prime Con~lluction Contractor. or SLbcontractor employees may not use !he toilet tacilities. No cleaning of tools, including pain:ing eqlllpmenVbrus!les, is permitted in t:>1e toilot or ianiloriallacllities. f. Private Entity sr.all provide a Site Utililatian Plan for Owr1er review at the time 01 the 35~o design deve~opment submission Such plan should show access points, phasi'1g, laydown areas, fenced and protected areas, and mobile offICe locations at a minimum. 11.5 WCENSES, PERMITS AND RESPONSIBIUTIES. a. The Priva1e Entity is responsiDle for obtaining any necessary licenses and permits. except as no~ed, at Private EI1'ity's expense, and for complying w th the Codes and Standards i.'1 connection with l'1e prosecution ot the Work. The Private Entity is respons,ble for identifying and ob~aining all '1ecessary licenses and permils. The Owner WJII directly pay aclual costs lor all permits as set forth In section 5.2.a. The Priva~e Entity is responsible tor all injury to persons or damage to property that occurs as a result of Its actions. The Private Entity must take proper safety and health precautions to prolect Ihe Work, the workers, the public, and the prope~y of olhers. The Private Entity is responsible also for all matenals delivered and Work performed until compleUon and acceptance by Ow-ler of the entire construction Work. There shall be no mark-up on any permit or other costs paid for by the City for the items covered by the allowances. b. The Private Entily shall demonstrate compliance with all environmental permits and regulations identif:ed in the Conlract Doc\.Jments and/or as may be required by law prior to, and during construction. 1'.6 BUILDING CODEs, FEES. AND CHARGES. a. The Private Enlity shall comply with all state and local building code requlremen~s. b The Private Enllty shaff pay all fees and charges for temporary connectIons to oufside services and for use of property outside the site. Tha Owner w;J! pay for permar-ent ut:Jity connection fees for the facJli~y. 11.7 FEDERAL, STATE. AND LOCAL TAXES, a. The GMP includes all appl'cable federal, state, and local taxes and duties. 11.8 IOEN'TlFlCATlON OF CONTRACT DEUVERABLES. Unless othelWlse specified. the COver page of each document prepa~e<:I and submitted by the Private Entity to the Owner under Ihis Agreement shall include the foHowing information: a. Name and business address of the Private Entity. b. Contract number. c r-..-ame, position, and of-ice rocation of the Owner's Representative. d. Date of document. 11.9 PATENT ANDCOPYRlGHT INJEMNITY. a. Except as provided in subparagraph d below. the Private Entity shall indemnify, defend and hold hannless the Owner. its employees, officers. Council, Council members, representatives and its agents against any liability, including other such costs and lees as further set out in SectIOn 9.4 above, from any claIm of patent and/or copyrigh: infringement (or unauthorized use) ar:sing in any way from any of the Services provided by or through Private Entity for the Project. b. The Owner shall promptly notify t"lc Private Entity of any claim or suit subject to sub paragraph a above. C. This indemnification does not apply to claims of infringement of a patent and/or copyright resulting from the Owner's Representative's specific wrihen direction, compliance with which requires the infringement. d. This clause must be included in all subcontracts under tnis Agreement, at any tier. 11.10 NON-DtseLOSUAe. Tne Private Er.tity sha.1I not disclose any information received frOM the Ovvner tha1 is marl<;ea confidential unless such disclosure IS required by law or approved by Ihe Owner. such approval not to be unreasonably withheld or delayed. 11,11 DEBRIS AND CLEANUP. a. On a daily basis during the progress of the Work. the Private Entity must remove and dispose 01 the resultant debris to a dumpster or other approved collection area and keep the site neat and clean. b. The Pnvate Entity shall, upon completion of each phase of the Work. remove all construction equipment and surplus materials (except materials or equipment that are to remain on Owner property as provided by this Agreement), and leave the site in a clean, neal, a'1d orderly condition satlsfac~ory to the Owner's Representative, in his/her sole discretion. 11.12 HEAT. Un'ess otherwise specified, or unless directed otherwise by the Owner's Representative in writing. the Private Entity shall provide heat as necessary to protect all Work, materiafs. and equipment aga.lnst i.'1jury fram dampness and cold, and in the case 01 information techr.ology equipment reqUiring ~he same, air conditioning, to oro~ect it tram heat and humidity. 11.13 ENGLISH lANGUAGE REQUIREMENT OF ON-SITE SUPERINTENDENT. The Private Entity's on. site superinrendent must be able to speak. read, and write English to fhe extent tJf!cessary 10 permit reasonable communicalion with Owner personnel 11.14 SUBSlllUTE MAl1:.R1ALS OR METHODS, Where the technical provisions permit the Private Entity to propose substitute materials, items, systems. Or equipment, the selectio'1 of such options is Subject to the follOwing conditIOns: Page 16 of 30 2-14-07 a. Once a subslitute has been selected and approved by the Owner's Aepresen~ative, it must bc used for the er,tire Prajec: unless the Priva.te Entity has proposed. and Owners Representative has approved, the substitute for a limi:ed applir.atiO!1 b. The private Entity must coordinate ils seh:lc~ion with the drawings and speCifications and the A.E. c. SL.bsfitL'tions proposed by PrIvate Entity shall be at no increase to the GMP. 11.1SADVEFlllS1NQ OF AWARDS, Except with the Owner'S Representat:ve's prior written approval. the Private Er.tity agrees not to refer ;n its commercial advertiSing to Imply in any rnan'ler that the Owner endorses its products. 11,16 GROUND BREAKING CEREMONIES, Private I;;,ntity agrees to partie pate in groundbreakl/lQ ceremonies at a ti~e specified by the Ovvner. ARTICLE XII OWNER RIGHTS AND RESPONSIBlLInES 12.1 OWNER'S REPRESENTAl1VE. T'le Owner may appoint an Owner's Representative, who may be either a'l Owner employee or a contractor The name, address, telephone number, and specific responsibilities, authority, and limitalions of the OMler's Representative will be provided to the Private Entity In writing. The ONJ1er's RepresentatIve may, in Owner's sole discretion. be removed or replaced by Owner at any time wilhoul prior nollce te the Private Entity, but notification 01 the change, including the name and address of ar.y successor Ovvner's Representative, wilt be provided promptly to the Private Entity by the Owner, in writing. In the event the Owner chooses to replace the Owner's Representative. the Owner agrees the Private Entity is not liable for carrying out change orders, or adhering 10 any instruction or direction provided by Owner's Representative until such lime as Private Entity receives notification from Owner in writing that Owner's Representative is no longer authorized to act on Owner's behalf. 12.2 SITE VISITS. a. The ONner from time to time during construction may desire 10 conduct groups of guests on visits to the site 01 the Work. These tours will be authorized by the Owner's Repres.enlative or his/her appointed representalive. In such event the Privdte Entity shall cooperate by providing reasonable access to and pos~ing signs to give notice of dangerous areas, providing hard hats, and making such other arrangemE!nts tor the safety and convenience of the guests as may be required. The Owner's Representative shall give the Private Entity as m"Jch advance notice of any such viSIts as is practical and 10 the maximum practicable extent shall schedule any such visits so as not to Interfere with the progress of the Work. 12.3 OWNEFl-DlRECTED STAFFING CHANGES, a. Should Ihe Owner's Representative reasonably deem it to be in the best Interests of the Owner to require the removal of any person working on or under this Agreemenl, that person must be immediately removed from the Work. If Private Entity does not ag.ee with such action, the Private Entity may within 3 days request the City Engineer to review and make a decision on rre maner, which decision sha;1 be fml.l. b. "Person," as used in this clause, Includes any persons providing Work through the Private Entity. 12.4. EXAMINATION OF RECORDS. a. The OlNl1E!r and Its authorized representatives shall, dUring the Project and until three (3) years after final payment under this Agreement. have access to and the right to audit, copy and/or examine any pertinenl books, documents, papers, or o~her records of the Private Entity involving any tlansactions or ite'1ls related to this Agreement b. The Pdva!e Entity agrees to include in all subccntracts under this Agreement and 10 have its Prime Construction COntractor include in all its subcontracts a provision to the effect that the Owner and its authorized representatives w:II, until three (3) years after final payment under this Agreement. have access to and the right to aLKiit. copy, and/or exami.,e any pertinent booi\s, documents, papers, or other records of the Prime Construction Contractor and subcontractors involving any transactions or Items related to the Work performed and furthef providing that such individuals shall otherwise comply with the provisions contemplated by Section 12.4c. The term sutx:ontract as used in this clause excludes: 1. Subcontracts for publ"c utility services at rates established tor uniform applicability to the general public_ c. For the purposes of this Seclion 12.4, the Private En:lfy agrees to provide Owner, al no cost to the Owner, adcq.uale and appropriate work space at the Private EntIty's faciliiies if' order to conauct such examinations. 12.50WNEHSHIPOfWORKPRODUCI, a. Work Product: All drawings, specifications and other documents and electronic dala fumished by the Private Entity to the Owner under thiS Agreement and the copyrights thereto (''Work Product~) shall become tr.e property of the O'Nllcr upon payment fcr such ilem(s). b. Owner may use the Work Product in connection with Owner's occupancy and use 01 the Project, il"cluding for maintenance and repairs, future renovalions, and 9.lCpal'lsions. and lor any 01her purpose Owner deems appropriate. c. Private Entity shal! i'lclude in its contract with its A-E and have included in contracts with any design professionais providing any services lor this Project prov,sions tl':at require all design professionals providing any services for the PrOje~ to agree to this section 12.5. and Private Entity shall indeml'lity. defend and hold harmless Owner and its agents, employees, architects, engineers, cons;Jltants and contrac~ors from any claim of copynght in~ringemenl or unauthorized use by any Person based upon Owner's use of (he Work Product pursuant to this Section 125. d, Ncthing in this Section 12.5 shall be deemed to relieve Private Entity or any design orofessionals providing services through Private Entity of their ob:igation under this Agreerre'lt that all design and deSign services provided for this Pro;ect meet the highest standard 01 care in Virginia lor the applicable design pro1esslonal providing such design or services. 12.6 SURVEY MONUMENTS AND BENCHMARKS. a. The Private Entity will establish such gereral reference poinls, for writlen approval by the Owner's Representative, as will enable the Private Entity to proceed with the Work. The Pnvate Entity shall provide new monuments where shown or specified. If the Private Entity finds that any previously established reference points have been destroyed or displaced, or thai none have been esrablished, the Private Entity shall fJromptly notify the Owner's Representa!ive. b. The Pnvate Ent:ty must protect and preserve established benchmarks and monuments al')d make no changes in locations withOut the wronen approval of the Owner's Represenlative. Established reference poinls that may be lost, covered, destroyed, or disturbed in the course of performance of the Work under thiS Agreement, or that require shifting becaLse of necessary changes in grades or tocations, must (SUbject to Page 17 of 30 2-14-07 pnor approval of the Owner's Representative) be replaced and accurately loealed or relocated IRS Rppropriale) by? licensed enginem or licensed land surveyor. c. New monuments will be SIll. (6) inches squara by ~hree (.1) teet deep (uniess otherwise specif:ed), of cDncrete or slone, wilh a 3-lnch copper or brass pin. 3!8-inch in diameter. In the center, ana rnust be set flush with the ground or pavemenl in locations Indica1ed on the site plan. d Monuments will not De req\..lired where lines 01 bu Idings are cOincident with property I:nes. c The Pr:vate Entity shall verify the figures shown on the survey and site plan belore undertaking any construction Work and will be responsible for Ihe accuracy of the finished Work. f. After compJetion of construction and before final paYMent. the Private Entity must furnish the Owner bluepr.n~s (in triplicate) of plans s'lowing the exact location of co"struction survey monuments with reference to true property lines. 12,70WNERPARllALOCCUPANCY. a The ONner's Representative reserves the right or partial occupancy or use of facilities, services, and i.ltilities, before final acceptance, without implying completion or acceptance of any part 01 the Project by the O....."er. Before such occupancy or use, tne Owner's Representative must furnish the Private Entity an itemized list of Work remaining to be performed or corrected. Failure to list an ilem will not relieve the Private Entity of the responsibIlity for complying with the terms of the Contract Documents. Responsibil'ty for damage 10 the Work Within the partially cccupied area shall be Imnsferred to Ihe Owner for any such partial occupancy OJ use. b. Costs incurrect and delays to the completion of the Project as a direct result of such partial occupancy or use 01 facilities, services. ano utilities arEt subject to equitable adjustment u'lder Article XVII. Section 17.1. 12.8 OWNER PROPERTY. a. The Owner will deljver or make available to the Private Entity, al ~he lime and locations stated in t~is Agreement, the Land and tangible Owner Property described in the speClfiC8ilons, If t:-.at Property, suitable for its intended use, is not delivered or made available in a t,mely manner to the Private Entity, the O.....ner's Representative may make an equitable adjustment of time in accordance with the provisions of the Agreement it: 1. The Private Entity submits a timely written request fOf an equitable adjustment; and 2. The facts warrant an equitab'e adjiJSlmenl. b. Title to the land and tangible Owner Property remains in the Owner even if incorporated in or affixed to property not owned by the Owner. The Private Entity may use the the Land and tangible Owner Property onry rn con.,ection with 1his Agreemer.t. The Private Entity must maintain adequate property conlrol records in a fonn acceptable to the Owner's Representative and must make them available for Owner irspection upon request. Fu1hermore, Owner represents tha: i~ has good title to the Land (the real property described if' Exhibit A) subject to easements and other items of recoro and the authority to authorize Private [ntlty to perform work on such Lancl provided the Private Entity complies With all applicable laws, ordinances, and regulations regarding work on such Land and obtains all required permits and licenses fOf such work. c. Upon de~ivery of the Land and ta.ngbJe Owner Property to the Private Entity, the Private Entity assumes the risk and responsibili~ for i~s loss Or damage. except: 1. For reasonable wear and tear; 2 To the extent property is consumed In perforrmng Ihe Agreement; or 3. As otherwise provided in the Conlract Documents. d. Changes in O'Mler-Furnished Tangible Property 1. By written notice, the Owner's Rcpre5en~alive may; (ai decrease the Property provided or to be provided by the Owner under this Agreement; or (b) substi~ute other Owner O'M'led Property for the property to be prOVided by the Owner, or to be acquired by Ihe Private Entity lor the Owner under t'lis Agreement. The Private Entity must promptty take any action the Owner's Representative may direct regarding the removal and shipping of ~he Property covered by this notice. 2 In the event of any decrease in O' Substitution of Property pursuant 10 subparagraph d.' above, or any withdrawal of authority to use Property provided under any other contract or lease, which Property the Owner had agreed in thiS Agreement to make available, Ihe Owner's Representa1lve, upon the Private Entity's written request, or if substitution causes a decrease in the cost of perlormance, on the Owners Representatlve's own in.tiative, may equr.ably adjust any contractual provisions affected by the decrease, substitution, or withdrawal, in ac:cordance wilh Ihe "Changos" clause. e. The Private Erltity must maintair. and actminister a program or systtlrn acceptable to the Owner's Representative for the utilization, maintenance, repair, protection, and preservation of Owner Property until it is disposed of in accordance with this Section 12.8. f. The Owner, and any persons designated by It, shall at reasonable times have access to preMises where any Owner Property Is located for the purpose of inspecting It. g. Within forty five (45) calenda~ days atter Notice to Proceed WIth construction. the Private Entity must sut:mit a schedule to the Owner's Representative, in an acceptable formal and giving desired dates for delivery 01 ilems and Property furnished by the Owner. Approved dates of delivery must be confirmed by the Owner's Representative in writing. Approved dates of delivery must be confirmed by the Private Enlity thirty (30) calendar days prior to scheduled delivery The Private Entity must submit a written report to the Owrer's P.epresentative within forty eight (48) hours after receipt. r:o~ir.g any shortages or damage to Ihe Owner-furnished Property. h. If Owner-furnis....ed equipment is to be installed and is not on the construction Site, the Owner WlIf make separate arrangements to provide delivery to the site. Any costs to Private Entity for labor associated with loading or unloading this Owner-furnished equipment wiil be negotiated. j, Upon completing this Agreement. the Private Entity shalllol'ow the Owner's Representative's instructions regarding the dlsposnion of alt Owner ProDorty not consumed in performing this Agreement or previously returned 10 the Owner. The Private Entity shall prepare for shipment. C!eliver !.o.b. origin, or dispose of Ihe ONner Property. as directed or authorized by the Owner's Representative. The net proceeds of any such disposal will be crediled to award amounts due Private Entity or will be paid 10 the Owner as directed by the Owner's Representative. 12.9 OTHER CONTRAClS. The Owner may award other contracts for additional Work. and the Private Entity must cooperale fully and coordinate w,th the ol~er contractors and C>M1er eMployees, and carefully fit in ilS OIM'l Work as may be directed by the OM1er's Representative. The Private Entity must not unnecessarily commit or permit any act that will intertere with ttle perfonnance of Work by any other conlractor or by Owner employees. Should contractors or Owner emp~oyees delay the Page 18 of 30 2-14-07 f=lrivale Enlity. cause any camage to Private Entity's Work or othe'\V1se cause an il1crease in the Pri....ate Entity's cost or time of perlormance, tile contract sum and centract time mt'ly he equitably adjus1ed in accordance "lith the provisions of this Agreement. 12.10 OwNeR PROPERTY FURNISHED "As Is". a. The Owner maKes no warranty whatsoever with respect to the ~and and langible Owner Property furnished ~as is. except that such Property is in the same condition specifIed in the so'icitation as when inspected by the Private Entity pursuant to the sOl,citation or (it not inspected by the PrIvate Entity) as when last available for inspection under the so icitation. b. The P6vate Entity may repair any Property made available to the Private Entity ~as is." Repair will be at the Private Entity's expanse except as otherwise prcvided In this clause. SuCh Property may oe modified at the Private Ent-ty's expense, but only with the written permission of Ihe Owner's Representative. Any repair or modification of Property fumished "as is'" does rot affect tht:! title of the Owner. C. If there is any change :between the time inspected or lasl available for inspectinn under tl"Je solicitation to the time placed on board at the location specified in the solicitation) i'1 the conoiti01 of tangible Ow1er Property furnis....ed "as is" that will adversely affect the Private Entity, the Pr.vate Entity must. upon receip: of the Property, notify the Owner's Hepresentative of :h3.t fact. and (as directed by the Owner's Represenlative) either (1) return Ihe Property al the expense of tho Owner or otherwise dispose of it. or (2) effect repairs to return it to the condition it ,^,as iil whe.' inspected under the solicitaticn, or (il not inspec:ed) as it was when last a....ailable for i'1spection oJnder the solicitation Upon completion of (1) a~d (2) abe....e, the OlMler's Replesentative, upon written request from the Private f::ntrty, may equitab'y adjust any contractual provisions affected by the return, disposition. or repair, in accordance lI.ith the "Changes" clause. The foregoing provisions fer adjustment are exclusive. and the Owner is not I:...ble lor any del'very of Owner Property furnished Has isR in a condition other than that in 'r\ot1ich it was originally offered. d. Except as otherwise provided in this section, tangible Owner Property furnished "as is" is governod by this Section 12.10 of Ih.s Agreement. ARTICLE XIII ADMINISTRATIVE ITEMS 13.1. STANDARD REFERENCES. All publications and other documents (such as manuals, handbooks, codes, standards. and specifications) referred to in this Agreement for the purpose 01 establ:shiilg requiremer.ts applicable to equipment. materials, or workmanship are hereby incorporated by reference in this Agreement. ARTICLE XIV SUBCONmACTlNG 14,1 SUBCONTRACTS a. Nothing in this Agreement may be construed to create any contractual relationship between any subcontractors and the Owr:er, except the Owner is a third party beneficiary of such contracts as previously noted. The divisions or sections of the specifications are not intended to control the Pnvate Entity j, dividing the Work amcng subcontractors or to limit ttie Work performed by any trade. b. The Private Entity is responsible to the Owner lor acts and omissions of its own employees. of Subcontractors and their employees, and any other person providing Wol1< on the Project through Private Entity. The Private Entity is also responsible for the coordination of the Work of the trades of subcontractors. c. The Owner will not undertake to settle any differe.,ces among the Private Entity, the Prime ConstrlJction Contractor, the A-E. and any subcontractors or any of them, ARTICLE XV PROTECTION OF PERSONS AND PROPERTY 15,1 AcCIDENTPREVEN'TlON. a. All construction and other Work on this Project must be per'ormed in compliance with the Occupational Safety and Health Act of 1970 and with local. slate and federal occupational safety and health regulations enlorced by an agency of the locality or state under a plan approved by the U.S. Department of Laoor, Occupati:mal Safety and Health Administration (USHA). Where requirements are different or In conflict, the more slringenl requirement will apply. b. Tne Private Entity shall maintain an accurate record of exposure data and all accidents incidental to Work perfolmed under Ihis Agreement resulting in death, traumatic injury, occupational disease. or damage to property, material, supplies, or equipment. The Private Entity musl submit regular Project safety reports. exposure data, and accident reports, as prescribed by the Owner's Representative. c. Health and Safety Plans are required as follows: 1. Priur to commencing on-site Work. the Private Entity must submit to the Owner's Representative, in triplicate. a Health and Salety Plan designed to provide a system by which hazards on the Project site will be conlrolled to minimize or eliminate occupational injuries or illnesses dur.ng performance of the contract. 2. The Health and Safety Plan must state that the Prime Construction Contractor, A-E, and all subconl~actors are required to comply with the Pri....ate Entity's project safety rules and reqUirements issued under the autrority 01 that program. 3. The Health and Safety Plan must id~ntify, by name. Ihe Private Entity's representative responsible for the execution of the PfOJect safety program. The Private Enlitys Project safety representative must have Ihe express writte'1 authority from the Private Entity to stop work, to abate hazardous conditions or unsafe practices, and to eject any Private Entity, Subcontractor, or vendor employees from the Project site for failure to comply with safety requirements. 4. The Health and Safely Plan must include the precautionary measures to be taken to plolecl Owner staff, employees and the public. d. The autf10rity responsibilities, and duties of the Private Entity's Project safety representative mus~ be incorporated as part of the written Health & Safety Plan. The safety rp.sponsibilities Include, but are not limited to, conducting sLibcontractor construction safety program reviews. conducting employee safety orienlation training, conducting weekly safety meetings, conducting daily site safety inspections, auditing Subcontractor safety compliance, and preparing required periodic and special safety reports Page 19 of 30 2-14-07 e. In addition to ttlC general requirefT'e:1ts of Health and Safety Standards, the Private Entity, A-E and Prime COnstrucllon Contractor. specifically must comply with applicable OSHA reqJirements concerning Hazard Comrr.u'lications Standards. Delails of the Private Entity's hazard commU'li:atlons p~ram shall be included in the Healtl"' & Safety Plan. 15.2 HEALTH AND SAFETY STANDARDS. a. In performing this contract. the Private Entity mus!: 1. Comply with applicable Occupational Safety and Health Slandards promulgated pursuant to the authority of the Occupabonal Safety and Heaith Act of 1970 (OSHA). 2. Corr.ply with any olner applicable federal, s:ate, or local regulations governing workplace safety to the extent they do nDt conflK:1 wilh a.1 above: however, the more stringent shall apply. 3. COfl'P!y with any Owner standard l.;nless the OSHA sta:1dard contains more rigorous or stnngent safety requirements, in which case the OSHA standard governs and takes precedence. 4. Take all rt:!asonable precau!lons to prolect the safety and health 01 the Private Entity's employees, Owner staff, errplOyees, and the publIC. b. The Privale Entity must coordinate its l..se of eXisting Owrer premises with the Owner's Representative. Subjects ot this coordination nclude the aesignatior. of work and storage areas; the e)(f:ent, if any, of use by the Private Entity of Owner tools and equipment: Iho furnishing by the Pri\'s:c Entily 01 appropriate signs and barricades to excluae unauthorized personnel from tt:e work areas and to call attention tJ hazards and dangers; and other matters relating to the prolecl:O'1 of Ownor staff, employees. property and the pub!ic. c, Matcrials, supplies, articles. or equipment manufactured O~ furnished under this Agreement or crder must conlorm to the Occupational Safety and Heallh Standards pursuant 10 the authority of OSHA. and to other safety and health requirements specified in this Agreement or order. When conducting work on existing facilities. the Private Entily must provide tho Owner's Representat ve copies of Material Safety Data Sheets (MSDS) for any hazardous material. as def,ned by OSHA's Hazard Communications Standards, to be used on the Job. d. If no OSHA standard exists, federal or other nationally recognized standards apply. Copies of Current Occupational Safety and Heallh Standards are availab'e from regional and/or area offices 01 the U.S. Department of Labor, Occupational Safely and Health Adrr.inislration. 15.3 PROTECnoN OFnfE ENVIRONMENT, EXISTING VEGLrAT10N, SmuclUREs, UnUT1E5, AND IMPROVEMENTS. a. The Private Entity shall perform all Work necessary to implement and accomplish a program to prevent environme~tal pollution during or as a rasult of construction perforMed under this Agreement. As a minimum, the Private Entity's Work must conform to all reqUirements 01 applicable federal. state and local law. b. The Private Entity must preserve, protect and maintain all existing vegetation (such as trees. shrubs, and grass), landscape features, athletic fields, and slruc:ures on or a.djacent to the site of Work that are not to be removed. Care I"'lust be taken in removing trees authorized by the O'Mler's Representative lor removal, to avoid damage to vegetation lhat will remain in place. Any trees or other landscape features scarred or damaged by the Priva~e Entity's equipment or operations must be restored by the Private Entity. The Owner's Representative decides what method of restoralior. must be used and whether damaged trees and/or shrubs will be treated or replaced. The Private Entity shall use gUArd posts or barriers as necessary to control venicular traffic passing close to trees and/or shrubs to remain. Areas disturbed, such as temporary roadways or embankments. must be res~ored to near natural conditions that will permit the growth of vegetation. DIsturbed areas must be graded and filled as reqUired, covered with SIX inches 01 topsoil and landscaped as per the Contract Docloments. c. The Priva1e Entity Shall protect ~rom damage all eXisting buitdings, improveme1ts or l.;tilities at Or near Ihe site of the Work, the location of Yktich is known, and must repair Of restore any damage 10 lhese facilities resulting from failure to comply witt: the requirements of this Agreement or to exercise reasonable care in performing the Work. 11 the Private Entity lails or refuses to repair such damage promptly, the Owner's Representative may have the necessary W~rk performed and charge the cost to the Private Entity, who shall pay such costs to the Owner in a prompt manner d. The Priva~e Entity sr.ali obtain approval from the Owner's Representative for any temporary roads, embankments and disposal areas not included in Project specifications or drawings and restore such areas to original conditions. includi'1g appropriate landscaping, upon the completion of Work. e. Monuments, markers and works of art must he protected. Items discovered that have potential historical or archeologicaf interest musl be preserved. The Private Entity must leave tne archeologK:al find undisturbed and must immediately report the find to the O'Nl1er's Representative so that the proper authority may be notified. The GMP and lime may be equitably adjusted In accordance with the provisions of thiS Agreement if the Pnvate Enlity incu!s additional cost or time to perfonTl as a result of any such discovery. f. Private Entity shall follcw all Environmental Protection Agency, Virginia Department of Environmental Quality and other applicable {Jovp.mmental regulations and guidelines, as to the laheling. use, storage and disposal of Mhazardous v.asle". ....l1ich shall for the purposes of Ihis agreP.rTlent be defined as (a) any chemical, subslance, material, mixtUJe, conlaminant or ~lutant, now or hereafter defined as a ~hazardolis substance" under the comprehensive Environmental Response, Compensation and Liability Act. as amended from t me to time; Cb) petroleum, crudc oil, or any haction thereof; (c) any pollutant, contaminant. special waste or toxic subs1ance now or hereinafter listed, defined by or subject to regulation under any federal, state or local statute, ordinance, rule, regulation, standard. policy, guidance, permit, order, administrative or judicial decision or pror.oUllcement, previously, currently or herearer in effect. as amended from time to time, pertaining to health, safety, or the enVlronmenl, including without limitation, natural resources, environmental regulation, contamination, pollulion, cleanup, or disclosure. Private Entity agrees to indemnify, hold harmless and defend Owner and all Owner's successors, employees, officers. Council, Council members, representatives, and agents from any liability, claim, demand, action. cause of action. suit, loss, damage, injury, expense, cost, set1lement, or iudgment of any kind or nature including but not limited to demands, fines, remediations, or penalties asserted by any governmental entity, as a result 01 the treatmen~, storage, disposal, handling, spillage, leakage, or presence In any form in soils, surface waters, groundwaters, air, or property, of any wastes or "hazardous waste" as defined in this paragraph. at the subject propeny. caused or contributed to by Private Enti~ or Private Entity's subcontractors 15.4 AcCESS ro Sill'. a. The Private Entity's access to the site and use of existmg roads will be as agreed to by the Private Entity and the ONner's Represenla~ive inch.Kling Issuing vehicle passes for CO.1slruclion and private vehicles. b. Private Entity shall not permit workers to carry firearms or other deadly wei:lpor~s onto any OWner construction site or into any facility. including in their personal or conslruction vehicles. ThiS supersedes any state or local law permltfn;;! the carrying of firearms or weapons Violation of this clause shall be grounds for removal of indiViduals or contractors from the site or termination for default. Page 20 of 30 2-14-07 15.5 HANDUNG AsBESTOS AND OntER HAZARDOUS MATERIALS. If :he Private Entity discovers any hazardous wasle and/or suspected hazardous waste that was present on the site before the Private Entily started work on the site, the Private Entity shall immediately notify. both verbally and in writing, Ihe Owne,'s Representative and the Owner 01 such discovery, Private Entity shall not disturb and/or cause any release of any such hazardous wasle, out shall secure such area and do no further work in such area unlillurther directed by the Owner. The Owner shall have 10 calendar days from receipt of the above norce lrom the Private Entity to either mmovo, remediate, a..,d/or take other appropriate action 10 address such hazardous waste so tha~ the Private Entity can proceed with the Pnvate EntIty'S work on the Project. During such 10 day period the Private Entity shall continue to wcrk on the Project in other areas of the site or shall suspend work on Ihe project, as directed by the Owner's Ropresentative. If such hazardous waste has not been addressed by the Owner within such 10 day period and such hazardous waste prevents the Private Entity's work on the Project and impacts the Private Entity's critical path for the Project the Private Entity and Owner will address such sltualion by a mulually agreeable Change Order that may involve a charge in the completion tiMe andlor the amount of the GMP,OI by termination of the Agreement pursuant to the proviSions of the Agreement. 15.6 ELEVATOR WORK-QUALIJ:ICA.l1ONS. a. The Private Entity, Prime ConSlruc~ion Contractor, or the subcontractor whom the Private Entity uses for performance ot the elevator work, must have had at least three (3) years of successful experience in installing and serv,cing elevators. b. In addition, the Private Entity, the Prime Construction Contractor, or ils subcontractor musl have inslalled. on at leasl t'NO prior projects, elevators comparable to those required tor tt1is Project that have performed satisfactorily under conditions 01 normal use for a perIOd of not less than one (1) year. To be considered comparable, pnor insla'lations must have not less than the same number of elevators operating together in one group as the largest number In any group specified for this Project, except that a group of four may be considered comparable to a largo grO;Jp specified for this Project. c, A list of the prior comparable Installations by the Private EntIty. the Prime Conslruction Contractor, or its subcontractor. together with the names and addresses 01 the buildings, the names of the owners or managers, and any other pertinent informallon required must be submitted promptly upon request of the Owner. d. The names, addresses, experience. and statemenl of work to be performed by each subcontractor or second-tier subcontractor whom the Private Entily, Prime ConstrucUon Contractor, or the prinCipal subcontractor, as the case may be, will use for per10rmance of minor portions 0: the installation of elevators must also be submitted promptly upon request of the Owner. e. The Owner's Representative may reject the proposed eleva:or subcontractor if It is determined that it has failed to meet the experience requirements, or If 11 has been found to have an unsatisfactory record of prior elevator installations In the case of rejection, the Private Entity musl resubmit another name within len (10) days for renewed consideration. ARTICLE XVI PAYMENTS 16.1 INVOICES (CONSTA\JCTlON). a. The Private Entity may make requests for progress payments on a monthly basis. Such requests shalt be in compl:ance With secUon 10.7 above. The Pnvate Entity's invoices must be submitted before paymenl can be made. b. The Private Entity agrees 1hat submission of an invoice to the Owner for payment IS a cerllficalion that: 1. Any services being b'lIed for have been per10nned in accordance with the requirements of the Contract Documents; and 2. Any supplies for which the Owner is being billed have been delivered or suilably stored oN site, with appropriate insurance coverage, and in the quantities shown on the invoice, and that the supplies are in the quantity and of the quality designated In the Contract Documents. Prlvale Entity shall provide, suitable to Owner's Representative approval, evidence of insurance for storage facility, a complete inventory of items, a written right of access to the Items, and certification of title to the OVvTler. c. To ensure pfOper paymenl, Private Entity must furnish all documenlS required clsevvhere in the Contract Documents and/or as reasonably required by the Owner's Representative. 16,2 PAYMENT. a. The Owner will make progress payments on a monthly basis for Work properly completed. Such payments will be made withIn (30) calendar days of receipt and approval by the Owner's Representative of the Private Entity's invoice. Belore the lirsl progress payment becomes due, the Private Entity must prepare a schedule 01 values reasonably acceptable 10 the Owner's Representative. The values in the breakdown will directly correlate to the cost loaded schedu:e and be used tor detennining progress payments as referred to In section 10.7. b. If material delivered to the Project site that will be incorporated inlO the Project will be taken into consideration in computing progress payments, before each paymenl is made. the Privale Entity must furnish the Owner's Representative proof 01 the quantity, value, and delivery of such material. c. In makIng progress payments, the Owner will retain five percent (5%,) of the progress payments earned on the construction portion of the Work. Hetainage will be held by the Owner until Owner's Final Acceptance of the ProJect d. AU material and Work covered by progress payments will be the sole property of the Owner. However, this paragraph does not 1. Relieve the Private Entity 01 responsibility to protect and safeguard material and Work for which payment has been made or for restoration of any damaged Work: or 2 Waive the right of the Owner to require fulfillment of alllenns of the contract Documents. e. Before receiving a progress payment or final payment under this Agreemenl, the Private Entity must certify to the Owner's RepresentatIVe that payment due to the Prime COns1ructlon Contractor and subcontractors have been made tram the proceeds of pnor payments or will be made in a timely fashion from the payment then due the Private Entity. Private En~ity agrees to comply with the provisions of Virginia Code Section 2.2-4354 regarding payments ro others, f. Upon completion and acceptance of all Work, the al"ount due the Private Entity under this Agroement shall be paid upon presentation 01 a properly executed invoice. after the Private Entity has fumished the Owner WIth a release of all claims against the Owner arising by virtue of this Agreement, other than claims in staled amounts that must be specifIcally oxcepted by the Private Entity from 1he operation of the release. If the sum of all progress payments and the final invoice is greater than the GMP, the final invoice shall be adjusted so that the sum of all progress Page 21 of 30 2-14-07 payments an:::l Ire final paymenl is flul 'Jleater than the GMP. If the Private Entity's claim to amounts payable under the Agreement has betan ass;gned, wit!l consent 01 Owner, LIS provided in the Assignme1t of Clair.1s clause, a release may also be required of the assignee. 16.3 CONSTRUC11ON COST BREAKDOWN, The Private Entity'S submission ot ils Guaranteed fIIaximum Price (GMP) must irclude a schedule of values type construction cost tlreakdown by CSI Division and other breakdowns as reasonably reques1ed by OWner's Representative. Upon written request by t'le Owner's AepresenlalivfIi. the Private Entity shall provide copies of lis conllOlcl with Its Prime Construction Contractor and construction subcontracts and a comparison to the GMP. for approval by the Owner's Representative. and for use In verifying monthly construction invoices. 16.4 ALLOWABLE COST AND PAYMENT. a. Invoicing: The Owner will make payments to the Private Entity as set forth in section 16.2(a). but not more than monthly, in amounts approved by the Owner's Representative. such approval not to be unreasonably witnheld. The Private Entity must submit an invoice or voucher to the address specified by Owner, suppcrted by a statement of claimed allowable costs of perfonning this Agreement, in such form and detail as the Owner's Representative may reas.:mably leqUlre. b. Audit: At any time or times before final payment, the Owner's Representative may !lave the Private Entity's invoices or vouchers and statements of cost audited. Any payment may be: 1. Reduced by amounts found by the Owner's Representative not to be proper or supported by sulficient docl.:menIS; or 2. Adjusted for prior overpayments or underpayments. c, Final Payment: I. The Private Ertity must submit a camp/et'o.1 if}\'ojce or voucher, designated as such. promptly upon full and proper completion of the Work by Private Entity, but not later than 30 days (or tanger, as the Owr:er's Represenlative may approve in wrilil1g) ~rom the completion date. Upon o.'Yner's approval of that invoice or voucher, and upon Ihe Private Erti~y's c:Jmpliance with all terms of this Agreement, the Owne~ wiU promptly pay any balance not previously paid 2. In exchange for final paymenl the Private Entity shall and does release the Owner and its officers, agen~s, and employees from all liabilities, obligarions, and claims arising out of or under this Ag~eement. except for those that have been iden1ified as open in the final invoice. ARTICLE XVII CHANGES/CLAlMSlDISPUlES 17.1 CHANGES, a. The Owner may al any ~ime, WIthout notice to any sureties, by written change specifically designated or Indicated to be a C:'ange Order or Change Directive, makc a Change, including, withoutlim.tation. one that: 1. Changes the plans and specifications (including drawings and designs); 2. Changes the method or manner ot performance of the Work; 3. Changes Ihe Owner.fumished facilities, equipment, materials, serviCes, or site: or 4. Directs acceleration in Ihe pertonnance of the Work. b. Any other written or oral order, direction, instruction, interpretafo." or detennination from the Owner that causes a change to the Scope of Wor~ or its duration will only be treated as a Change Directive. al;owing a cha-1ge in compensation or schedule, only if (1) the Private Entity gives the Owner's Representative written '1otice as soon as possiblo, but not laler than within twenty (20) calendar days, of the rece:pt by Private Entity, the Pnme Construction Contractor, or any subcontractor, whichever has Ilrst receipl of such order, direction. instruction, or detenninalion, stating (i) the date. circumstances. and source of the order, direclion, instruction or determination, and (i;1 that the Private Entity regards lhe order, direction, Instruction or determination as a Change, and (2) Private Entity do~s n011ncur additiona: costs attributable to such order, direction, Instruction or determination without first receiving a Change Directive from Owner unless waiting for a Change Directive is unreasonable under the circumstances. Such notice is a condition precedent 10 any such claim. c. Excepl as provided in this Section 17.1, no order, direction, instruction, interpretation, determinalion, statement, or cO!1duct 01 the Owner's Represen~ative may be treated as a Change or entitle the Private E.ntity to any adjus:ment in compensation or schedule. d. Only if any Change under this Article substantially adds to or increases the Scope of Work and causes an increase or decrease in the Private Entity's cost ot. or the time required lor, the perfonnance of any part of the Walk under this Agreement, Ihe Owner shall issu~ a Change Order or Change Directive for such Change. tiowever, no claim for any Change shall be allowed for which the Private Entity has nol striclly complied with the requirements of paragraph b as well as all other requirements of this Agreement No claims wi!: be allowed tor defective plans or specifications prepared by or for the Private Entity. Accordingly. the GMP shall only be increased if there is a eubstantial addition requested by Owner to the Scope of Work and increased cosl to the Private Entity The GMP shall be decreased for any Owner requested reduction to the Scope of Work e. No claim by the Private Entity will be allowed if asserted after final payment under this Agreement. 1. After approval of final Plans and Specihcations, except for the COlfectlon of errors and omissions, the Private Entity snail nol make or allow any changes in the plans or specifications, including drawi.1gs and designs, without approval 01 the Owner's Reoresentative. g. The GMP shall be adjusted for overruns and underruns in any allowances :dentified in EXhibil D. Items covered by allowances shall be supplied for such amounts (without markup except as otherwise noted) and by such persons 01 entities as required to perform the Work. but the Private Entity shall not be required to employ persons or entities to whom the Private Entity has reasonable objectIOn. Unless otherwise provided in this Agreement, (1) allowances shall cover the cost 10 the Private Entity of materials and equipment delil/ered at the site and all required taxes, less applicable trade discounts but no other costs: (2) Private Entity's cost tor unloading and handling at tne site, labor, instal!a!ion costs. ovcrhead, profit and 01her expenses contomplated for staled allowance amounts shall be included in the GMP but not in the allowances; and (3) whenever costs covered by (1) are more or less than allowances, the GMP shall be adjusted accoraingiy by Change Order. The amoun: of the Change Order s'lall ref~ect the difference between aclual costs covered by (1) and the allowances. Materials and eqLipment under an allowance shall be selected by the Owner's Representative in sufllcient time to avoid delay Ir. the Work Allowance ovenuns may be deducted from the OltWler's portion of savings, if any, in the Private Entity's contingency, with the Private Entity's approval such approval, 10 be at :he sole discretion of Private Entity. Page 22 of 30 2-14-07 h. The Private Entlly shall rot proceed w,th any Change until Ihe Owner has obtained all necessary approvals and any required appropria.tions of funds to pay for IhA Change 17.2 CHANGE ORDER AccOUNTING. The Owner's Representative may require Change and Change-order accounting whenever the estirr.ated cost of a Change or series at related Charges exceeds $130,000. The Private Entity. for each Change or series of related Changes. must maintain separate accounls, by job order or o~her suitable accounting procedure. of a!l incurred segregable, direct costs (less allocable credits) of Wo...... both changed and not changed, allocable to the Change. The Private Entity shall maintain such accounts until the parties agree to an equitable adjustment for the Changes ordered by tile Owner's nepresentalive or the matter is 1inally dIsposed 01 in accordance with Section 17.5. However, Private Entity shall continue to work on the Proj!3ct without any ir-Imruption and/or delay. 17.3 EaUrrABCE AoJUS_NTS. a. Cost for A-E Services: 1. There will be no monelary adjus:ment to Architect.Eflgineer Services under this Agreement except where the Scope of Work has been modified by the ONncr as noted above Tho A-E component of such Scope 01 Work cnanges will only be adjusled when Ihe Owner- requested change ,equires a duplication 01 Work that has already been accomplished, causes an appreciable Increase in direct labor, material or other costs to work included under the A.E component. or requires new labor. material or o~her direct costs of work not included under tt:e existing A.E component. All other changes required to property complete the Work will be the responsibility of the Private Entity 2. Adjustment in rtJu A-E component wil' be based upon the extent of change to the Work and not upon a percentage of construction costs. The Owner will negotiate an adjustment on the basis of the costs J::er discipline for the production of drawings, calculations, specifications. estimati'lg and other services. Prior to negotiation!i. the Private E.'ltity shall submit an Estimate of Fee for Modilication 01 Design. 3. Where a proposal for cost modification is submitted by the Privata Entity, the overhead, profi1 and commission percentages included in the proposal shall be based solely on changes in labar. malarial, or other direct costs under the Agreement. No percenlages for overhead, profit. or commission wl'l be allowed on employment taxes urder FICA and FUTA. The percentages for overhead. profit alid commission will be negotiated and may varl according to the nature, extent, and complexity of the Work involved. Not more tha" three pelcel1lages, not to exceed the maximum percentages shown below. will be allowed regardless ot the number of tiers of subcontractors: that is, the markup on Work subcontracted by a subcontractor will be limited to one overhead percentage and one profit percentage in addition to the Private Enlily's ::::om'1lission percentage. On proposals covering both increases and decreases of the GMP. the overhead, profit. and where applicable commission. will be computed on the net change Mly. . MaXimum billable rate multiplier 4. The Privale Entity mlJsl submit with ils proposal it!; request for time exle'1sion (if any). 5. In considering a propcsal. ~he Owner may check est.rrates in detail, utilizing unit prices where speCified or agreed upon. with a vIew 10 arriVIng at an eq"Jitable adjustment. 6. Upon written reques~ by the Owner's Represent'ltive. the Privme Entity musl submit a proposal. in accoldance with the requiremen~s and limitations set forth In subparagraphs (a.l I through (a.6) of this section, for Work inVOlving proposed cha'lges covered by the request, within Ihe lime limit indicated in Ihe request or any extension of such lime limi~ as may be subsequently granted. If. within a reasonable time after the rece;pt of such proposal, the Owner's Representative orders the Private Entity to proceed with the performance ot the Work contemplated, Ihe proposal submitted prior to lt1e order will consli:ute the Private Enti~'s statement of the monetary extent of claim for ecuitable adjustment b. Cost For Development and Conslructlon: 1. There will be no monelary adjustment to the GMP under this Agreement excep~ when the Scope of Work has been modified by the Owner by a Change and as aJJowable under the other prOVIsions of thiS Agreement. All olher Changes required to complete the Work shall be the sole responsibility of the Pnvate Entity. 2. In the event of such a Change by O'M1er, a" apPropriate monetary adjustment to the GMP may be made only if all the requirements of this Agreement are met. The Private Entity's wrlnen stalement of Ihe monetary extent of any claim for equ;table adjustment under tl1is Agreement must be submitted in the form of a lump sum proposal (unless othelWise requesled) with an itemized breakdown or all increases or decreases In the cost of the Private Entity's a,'ld all subcontractors' Work. In at least the followi'lg detail: (a) Material quantities and unit cost (bl Labar costs (idenlifled wilh the specific item of material to be placed or operation to be per1ormed) (cl Construction equipment (dl Worker's' Compensation, Automobile a"d PUblic Liability Insurance, Builders RiSk (e.l OVerhead (I) Prof,! (g) Employment taxes under fiCA and FUTA 3. The Private Er.ti~ys overhead, profit and comrnission will be included in any approved m(x.litication to the componenl of the cost lor Development and Construction Support Services, if required. The subcontractors' ove.'nead and profit percenlage incluOed in the proposal will be considered to include, but not be limited to. insurance other than mentioned in b.2. of this section, use ot small tools, incidental job Overhead Profit Commission To Private Entity on \YOrk 0% 0% 5" ., pertorned by othel than own forces To Architect and/or the 130%' 10%- 0% subcontractors for thar portion of Work perlo/meet WIth their respective forces Page 23 of 30 2-14-07 tlurdens. and general office expense. No percentages fOr overhead. profit cr commission will be allowed on employment taxes under FICA ilnd FUTA. The percentages for over'1ead, profit and commission will be negotiated and rr.ay vary according 10 the nature, eXlent. and cornplexity of the War'" involved Not more than three percentages. not ta exceod tho r.-.aximum percentages shown below, win be allowea regardless of the nurnt::er of tiers of subcontractors; that is, (he markup on Work subcontracted by a subcontractor will be limited fa one overhead percentage (10% maximum) and one profit percentage (7.5~'.. maximum) in addition to the Private Entity's commission percentage (7_5% maximum). On proposa's covering both increases al1d decreases of the Scope of Work. the overtlead and profil will be computed on me net change only. On proposals for decreases in the amount of the GMP, the overhead, prolit. and whele applicable, the commission. wj,l be added lo the decrease in the direct cost. 4. The Private Entity musl submit with its proposal ils written request for tirne extension (it any) which must be basad on a demonstrated impact to critica.l path activities. 5. In considering a modification to the GMP, the Cvmer may check estimates in de:ail, utilizing unit prices wtIere specified or agreed .....pon, with a view t:J arriving at an equitable adjus~ment. 6. Where rr,odification is made to t:>1e GMP, appropriate adjustment will be made to the fees for Development and Construction Support Services if necessary. This adjustment should include the Private Entity's profit and overhead costs only for Work which: (a) Requires a duplication of Work already included ,mder the lee that ras already been accomplished: (b) Causes an appreciable increase in dilect ~abor. material or olher costs included under l'1e fee: or ~c) Requires new labor, material or otller direct cnsts of Wcrk nol included under the fee. 7. Payment ~or a Change irwolv:ng construction Work w:1I be made on the basis of direct construction costs and sulx:ontractor costs up to the :imlt of the revised GMP. Payment for Private Entity and Contractor services will be made on the baSIS at the negotiated fee. 6. After receipr of a proposal with a detailed breakdow'1, the Owner's Representative will act reasonably prcmpUy thereon. However, when the necessity 10 proceed lh,th a Change does not a'low sufficient time (0 check a proposal, or in the event of a fai/:Jre to reach an agreement on a revised GMP. the Private En!ity, if directed by Owner. shall proceed with the Work and will be reimbursod as provided for in this Agreement. 9. Upon written request by the Owner's Representative, the Pnvate Entity shall submit a proposal, in accordance wi~h tl'1e requirelT'ents and limitations set forth in subparagraphs (b.1) through (b.9) of this sectio,." for Work involving contemplated changes covered by the request, with:n the time limit indicated in the request or any extension of such tIme limil as may be subsequently granted. If, willin a reasonable time after receipt 01 such proposal, the Owner's Representat:ve orders the Private Entity to proceed With tt'e periormar.ce 01 the WOrk prcposed, the proposal submitted prior to the order will consti:ule the Private Entity's stalement of t!'le monetary extent of its claim for adjustment to the Guaranteed Maximum Price. 17.4 DIFFERING SIlE CONDITIONS Private Entity represents thalli has ha.d full opportunity to inspec: the existing facility and/or the site to determine suitability for :his Project. Private Entity tl1srefore waives any claim to any adjustment in the GMP arising from any subsurface, latent or other unknown physical condit ons of the existing Project area and/or Project site and volun1arily assumes the risk of any increased costs associated with the possible, and/or actual existence of any such conditions, except as otherwise provided for in this Agreement. 17.5 RESOLunON OF DISPlITES, CLAIMS AND OTHER MATTERS DispL1es. claims and other matters in question between the parties shall only be resOlved as follows: a. The Private Entity shall give Owner wrinen notice of any claim for any additional oompensatio.'l, damages, or delay within ten (10) days of the beginning cf the occurrence of the event leading to the claim being made and Private Entity shall submit the act'Jal claim and any supporting data reasonabJy availabJe within thirty (30) days after the occurrence giving rise to the claim ends unless otherwise agreed In wntirg by Ihe parties. The "occurrence" means the condition encountered in the field giving rise to the claim and not a later dispute about payment for that condition. Claims of delay will be resolved as they occur, and no claims of cumulative impacts or delerral of claimed delay will be allowed. Complete satisfaction of th s Section 17.5.a is a condition precedent tor Private Entity to pursue a claim arising under or relating to this Agreement. ard failure by Private Entity to satisfy this subparagraph a as to written notice or, unless otherwise <lIgleed in writing by the parties. to submit its claim and reasonably available data in accordance wi~h this Beet'on 17.5.a will waive any claim by Private entity. Unless otherwise agreed by the partif!s, the Owner shall act on any claims as set forth below. b The parties shal: first endeavor to resolve a."y disputes, claims or offler mRtters in Question between them fnrougl1 direct negotiatIons. and if slICh direct negotiations fail. I:y non-binding mediation. i~ aGreed to by both parties, before a medialor agreed upon by the parties. with the site of the mediatior:. being Rcanoke City, Virginia. The parties shall share equally in the cost of the mediator. Should the dispute. claim or other matter in Question remain unresolved for the shorter of {Il following negotiation. or (i l more than ten (10) days after terminalion of mediation il mediation was undertaken, eitt'er party may proceed in accordance with Section 17.5.1 below. c. f\othmg In Sections 17.5.b shall prevent a party from seeking immediate temporary injunctive or other temporary equitable relief in Roanoke City CircLJit Cour1 if cirCUMstances so warrant. d. In the event of a....y d.splI1:e, claim, or other matter in question arising, Private Entity shall continue its performance diligently during its pendency as il no dislJute, claim or ot1er matter In question had arisen. During tt:e pendency of any dispute i!'l connection with the payme.,t 01 moneys. Private Entity shall be entitled to receive payments for non-disputed iteMS as provided for in this Agreement. e. No claim by Private Enllty shall be allowed rf submitted after fi'lal payment. I. Contractual claims, whether for money or for other relief. includi.1g any disputes as to change orders or extra Work, shall be submitted. in writing, no laler than sixty {60J CCllendar days after final paymanl or payment designated as a final payment; however. wrinen notice> of the Private Entity's i'ltention to IlIe such claim musl be given al the time of the occurrence or beginning of the Work upon which the claim is based. Such notice is a condition precedent to the assertion of any such clatm by the Private Entity. A written decision upon any such claims will be made by the cry Manager or his/her deSignee (hereafter City Manager) within thirty (30) calendar days aher submittal of the claim and any practically available adaitional supporting eVidence requited by the City Manager. The Private Enlity may not inslitute legal action prior to receipt of the City's deds'o" on ~he claim unless the City Manager fails to render such decision within one hundred Iwenty (120) calel1dar days from submittal of its claim. The decision of the City Manager shall be final and conclusive unless the Private Entity within six (6) months of the date of the final decision on a claim or from expiration of the 120 day time limit, whichever occurs first, initiales legal action as provided in Section 2.2 - 4364, of the Code or Virginia. Failure 01 the City to render a decision within said one hundmd twenty (120) calendar days shall not result in the Pflvate E~tity being awardecl the relle~ claimed nor shall it resun in any other relief or penalty_ The sole result of the City's failure to render a decision within said one hundred Page 24 of 30 2-14-07 twenty (120) calendar days shall be Private Entity's right to immediately Institute legal action. No administrative appeals procedure pursuant to Section 2.2.4365, of the Code of Virgi!1ia, has been estabhshed for contractual claims under this Agreemen1. ARTICLE XVIII TERMINATIONS 18.1 TERMrNAllON FOR CONVENIENCE. a Pertormanco unde" this Agreement may be tenninatea by t"le Owner for convenience, for any reason, wilh or w:thout cause, in Whole or in part at any time. A termination may be effected by delivery to lhe Private Entity of a notice at termination specifying the extent of Work terminated. and the effective lIate of the ~ermination (thirty [30] calendar days minimum notice). b. Upon rece p~ 01 a notICe at termination, unless otherNise directed by the O\'\'f'ler's Representative. the Private EnNy must take the following actl01s: 1. Stop Work to the extent specified in the notice. 2. Place no further orders or subcon:racts for ITlalerials. services, or facilities except as may be necessart for ccmplet.on of the unterml1ated Work. 3. Terminate all orders a."d subconlraC!ts tro the E!lrtp.nl that the.y relale 10 the Work terminated. 4. Senle all ouls~anding I a:Jilities and claims arising QLlt cf the telmination 01 orders a:ld subcontracts. 5. Transfer ti~le to the Owner and deliver as directed by the Owners Representative: (a) Work in process, completed Work, and otr-er material ~roduced as a part of or acquired for the Wo."" terminated; a.,d (0) The completed or partially completed (in both hard copy and electronic format) plans, drawings, information, and other property that, if the Agreement had been completed, would have been furnished to the Owner. S Use its best efforts to sell. as directed by lhe Owner's Representative, any property of the types referred to in paragraph b.5 above, provided that the Privata Entity may acquire property under the conditions presclibed and at Dr,ces approved by the Owner's Representative, and the proceeds of any such transler will be applied in reduc:ion of any payments to be made by the Owner to the Private Entity, or be credited to the price or cost cf the Work covered by this Agreement. or be paid in any manner directed by the O'M1er's Representative. 7. Complete performance of the Work not terml1ateej. 8. Take any action that may be necessary, or that the Owner's Representative may direct. for protecting and preserving any property related to this Agreemenl that is in the possession of tt-e Private Enlity and in which the Owner has or may acquire an interest. c. At any time, the Private E1tity may submit to the Owrer's Representative a list, certified as to quan~ity ar.d quality, of termination inver.tory not previously disposed of, and may request the Owner 10 remove inventory items or enter into a storage agreE!ment covering them. Not later than lifteen (15) calenda, days after receivir.g this request. the Owner will accept title to the items and remove them or enter into a storage agreement. The list will be subjecllO verification by the Owner's R13presentatlve upon removal of the items or, If the items are stored. within forty five (45) days a~er sllbmission of the list. d. After termination, the Private Ertity must submit to the Owner's Representative a terminatIOn claim In the foml and with the certlficatiof" prescribed by ~he Owner's Representative. The claim mlJst be submitted prompUy, but in no event more than sixty (60) days afte, the effective date of termination, unless an eld.ension In writing is granted by the Owner's Representative. However, if the Owner's Representative determines that the facts justify such action, any termination claim may be received and acteo upon at any lime after the 60 day penod. Upon failure 01 tf1e Pr'vale Entity to Submit a termination claim within the time allowed. the Owner's Representative may determine, on the basis of the Information available, the amount, i~ any, due the Privatel::;ntity by reason of the termination. e. If the Private Entity and the Owner's Representative 'C:iillo agree cn the amount to be paid to the Private Entity by reason of the termination, the O'M1er will only pay the Pr'vate Entity the amount payable based on tf1e progress obtained on the Project at the time of the tennination, including plOfit a1d overhead only to that point. In no event shall the Private En:ity be paid for any Work nol actually and properly provided to and approved by Owner and no claim fOf lost profits or overhead shall be allowed for any time after tennination. The total13lJm 10 be paid to the Private Entity may not A)(~j!h"rl thA tntAI AgrAemenl price as reduced by the payments mAde and as fu.1her reduced by the Agreement price of Work not terminated. Except for no"mal spOilage. and except to the extent that the Owner expressly assumed the risk of loss, there will be excluded from the amounts payable to the Priva~e Entity under paragraph e above, the fair value, as reasonably determined by the Owner's Representative, of property desrroyed, lost, stolen. 01 damaged so as to become undeliverable to the Owner, or to a buyer. g. The Private Entity has the right of rp.vip.w under the ~Clairns and Disputes" clause of any determinalion made by the Owner's Represen1ative under paragraph d or e above, except thaI. il the Private Entity has failed to submit its tennination claim withi.., the time provided in paragraph d above and has failed to request an extension of time. there may be no right of review. h. In arriving at tn9 arlOunt due Ihe Private Entity. thele rhust be deducted: 1. Any va\id claim that the Owner may have against the Private Entity under this Agreement or othelWlse; and 2. The agreed price lor or the proceeds of sale of materials, supplies, or other things kept by the Private Entity or sold and not recovered bV or credited to the Owner. i. If the termination ;s partial, the Private Entity must file with the Owner's Representative a request in writing for an equitable adjustment of the price specified in the Agreem ent relating to the continued portion of the Agreement 18.2 TERM'NAT10N FOR DEFAULT, a. The Owner may, subject to paragraph d below, by written notice 01 delault to the Private Entity, terminale this Agreement in wh:lle or in part if the Private Entity fails to: 1. Comptete any of the requirements of this Agreement within the time speCified in the Agreement or any e:dension; 2. Make progress, so as to endanger porformance of this Agreemel1l; Dr 3. PrOvide good services and/or workmanship and P1ater,als as call~d lor by the Agreement; or Page 25 of 30 2-14-07 4. Perbrm any of the other material provisions of this Agreer:lcnt (but see subparagraph b following). b. Owner may terminate 1I".is Agreement ur:der paragraph a.2 and a.3 ilthe Private Entity does not commerce to cure the failure within ten (10) calendar days (or more if authorized in writing by the Owner's Representative) after receipt of tne notice from the Ovvncr"s Representative specifying the failure. c. Owner may lerminate this Agreement without notice or opportunity to cure If Private Entity declares bankruplCy or is involunt..'lrity placed into bankluptcy. d. I~ the Owner term~n3tes Ihis Ag:eemenl in whole or in part, il may acqUire similar supplies or services or complete lhe Work as Owner deems appTopriate. and the Private Entity will be liable 10 the ON!ler for any excess cosls. However, the Private Entity must continue the Work no~ terminated. e. If this Agreen'ent is terminated for default, the Owner may require the Private Entity to transfer titie and deliver 10 the Owner, as directed by 1he Owner's Ae::lresenlative, ary completed supp'ies. pa1ially cO'llple~ed supplies, and materials, parts, tools, dies. jigs. fi.x1ures, plans, drawings. specifications, eleclronk: copies, Information. and contract rights that the Private Entity has specifically r:roduced or acquired lor the terminated portior 01 this Agreement. Upon direction of the O'Nner's Representative. the Private EntIty must also protect and preserve property ,n ils possession in which the OWf'er has an intelest. f. The OWler will pay the Agreement price for completed items delivered and accepted. The Private Entity and Owner's Representative may agree on the amount of payment for items delivered and accepted under paragraph e above for the protection and preservation 01 the property. Failure to agree will be a dispute under Section 17.5 of this Agreement. The Owner may withhold from these amou""lts any sum the Owner's Representative determines to be necessary to protect tne Owner agai'lst toss because of outstanding claims or for any other amounts the Priva~e Entity owes or may owe to the O\'\n8r. g. It, after terminalion, 11. IS determined that the Private Entity was not in cefault, or that the delay was excusable. the rights and obligations of the parties will be the same as If the termInation had been issued for convenience and such termination shall be deemed to t:ave been for convenien:::e. h. The ng'lls dnd lemedies 01 (he Owner under this Seclion 1B.2 are in addition 10 any olher rights and remedies provided by law or under this Agreerr,ent. 18.3 TeRMINATION FOR OWNER DEFAULT. a. The Private Entiry may terminate the Agreement for default if, through no act or fault 01 the Private Entity or a Prime Construction Contractor. Sul:x:ontractor, Sub-subcontractor or their agents or employees or any olher persons or entilies performing portlO'1S of the Work under direct or indirt:lct COntract with the Private Entity, the Owner has not issued a certificate for payment Of has not notified the Private Entity of the reaGon lor withho:ding the certificate 10r paymcnl within sixty (60) calendar days of receipt of a valid and complete invoice. However, before Private Entity may ~erminate under t."is paragraph, Private Entity sha!1 give Owner written notice of such default, ar.d ten (10) days to cure such default. b. The Private Entity may terminate the Agreement for default if, through no fault of the Private Entity, Prime Construction Conlrac:or, Contractor or a Subcontractor. Sub-subcontractor or their agents or eMployees or any other persons or entities performing portions of the Work. under direct or indirect contract with the Private Enlity. Prime Construction Contractor or Contractor, repeated suspensions, delays or interruptions of the entire Work have been solely caused by the Owner, other than resulting from a termination tor convenience or :errnina1ion of Private Entity for default. as described in the Agreement. and such repeated suspensions, de!ays, or interruptions constitule in the aggregate more than one hundred lwenty (120) calef'ldar days in any three hundred sixty fivc (365) calendar day penod. However, as a condition precedent to such action the Private Enlity shall give proper notice to the Owner and Owner's Representative of each such claimed delay within ten (10) days of its occurrerce. ARTICLE XIX INSPECTION AND ACCEPTANCE 19.1 INSPECtION OF PROFESSIONAL SERVICES. The Owner's Representative may, at any time or place, inspect the selVlces perfonned and the products, including documents and reports. No matter what type of contract is employed, and in addition to any specific slandards of quality set out In this agreement. the Owner's Representative may reject any services or products that do not meet the requirements of ttlis Cnmprehensive Agreoment. No paymont will be duo for any service!; or products rejected under this clause. t9.2 INSPEcnoN ANO AcCEPTANCE. a. Owner inspection and testing of matenals ana woril:manShip WIU be made a1 rl!!asor1a~e times al trle site of the Work or off the site as the Owner's RepresBlltativ8 may direct. Off-site inspection or testing does not relieve the Private Entity of responsibility for damage to or loss of the material prior to accepta1ce, nor in any way affect the continuing rights of the Owner a!ler acceptance of the completed Work under the terms of paragraph f of this section. b. The Priva:e Entity must. without charge. replace any malerial or correct any workmanship found by the Owner not to conform to the Agreement requirements. unless the Owner consents to accept such material or "WOrkmanship with an appropriale adjustmonl in Agreement price. The Private Entity must promptly segregate and remove rejected material from the premises c If the Privale Entity does not promptly replace rejected material or correct rejected workmar:ship, the Owner may, by contract or otherwise, replace or ccrrect it and cha"ge lhe cost to the Private E.ntity. d. The Owner may examine completed Work by removing or tearing it o.....t. The Private Entity must replace or correct any Work found not to conform to Agreement requirements. If Work is torn out and found to corn ply with Agreement reauirements. the Owner's Representative must make an equitable adjustment for the services provided for Ihe inspection and replacement of the Work. e. The Owner will inspect the Work as soon as pract:cable after completion. f. The OVv'l'ler may terminate this Agreement for default and seek any remedy allowed by law and/or this Agreement it the Private Entity does nol maintai1 an acceplable ir:spection syste:n or follow OWler d:rec:tions 10 replace or correct incorrect or defective items. Page 26 of 30 2-14-07 19.3 TECHNICAL SUPERVISION. a. Perfowlance of IIle Work is subject to technical input by re:Jresentatives af the Owner. Technical input includes suggestions to the Private Entity which fill in tec!'lnlcal delails, suggest possible ;ines of inquHY, or otherwise clarifies the $copo of Work, but do nol const.rute .'lew scopes 01 Work b. The Owner reserves the right to use Project managenent support services (pMSSC) personnel, or other qualified personnel under contract to t!le Owner. to provide such technical supervision. 19.4 APPAO\lAL OF DE5JGN. a. The Owner's Representative must approve all final plans a"d specifications. However, phased or fast track construClion may commence prior to approval of final plans af1d speclfica~ions, provided the Owner's RepresentatIve has appro-.,.ed plans and specifications coveting or.ly that phasa 0' the Work. The Owner's RepresentatIve s revip.w wi!: be primarily for general .:uTa'lgement and cornr:;liance with Owner reqUIrements included as part of the Agreemellt. Owner's Representative's approval shall not be construed as: 1 Permitting any departure from the Ag~eement requirements, witheut specific prior wlitten approval. 2. Relieving Ihe Private Enfity of responsibility for any e,~ors including, bu2 nol limited to, derails. dimensions and materials, 3. Relieving the Privale Entity of responsibility for compliance with all applicable codes of local, stale, or federal codes, regulations and taws. b. After approval of plans and specifications, the Private Entity shall be responsible for revising plans and specifications to correct all deficiencies. Copie$ of revised plans and specifications will be furnisl1ed to U",e Owner's Representative. There wlH be no modification to any fee or to the GMP to the Agreement, as a resuh cf corrections of such deficiencies. 19.5 PROJECT CLOSEOUT. Unless spec;fied tor an earlier date elsewhere in this Agreernent, the Private Entity must process all docufnents, changes, claim submissions, complete all Project closeout items, provide warranties, as-buih drawings, and submit a final report certifying that this action has been taken nollater than thirty (30) days after the cate of Sl.Jbstantial Co'11pletior'l. 19.6 AsBESTOS FREE AND LEAD-BASED PAINT FREE CEATIFICA1l0N. The Priva~e Entity must certify Ihat no asbestos.-containing tJUllding materials or lead.based paints (interior or elCterior) were used in ~his Project. The Pnvate Entity must include compleled and unahered asbestos free and lead-based paint certifications as a closeout submittal doclJrne'1t. The only acceptable altemative for asbestos and lead based paint certification is to conduct a post-construction asbestos and lead paint survey in accordance with AHF.RA requirements. ARTICLE XX MISCELLANEOUS 20.1 REPRESENTATIONS AND WARRANTlES OF AUTHORITY. a. Priva~e Entity represents and warrants that it t'.as legal authority to enter into this Agreement and perform all of its obligations herein, that all Work under this Agreement shall be perfonned by appropnately licensed entities or irdvicluals when required, and that the executJon of th;s Agreement by it has been duly and properly authorized. As a condition to this Agreement's effectiveness, Private Entity shall provide to Owner a certificate in form and with attachmel'1ts satisfactory to Owner sl-towing to Owner's satisfaction Private Fntity's legal existence and authority to enler into this Agreement. b. Owner represenls 81"d warrants that it has legal authority to enter i'lto this Agreement and perform 311 its obligations herein and that the execution of thiS Agreement by i1 has been duly and properly authorized, including approval by ttle local governing body in accordan~e wilh Va. Code ~ 56-- 575.16 (as evidenced by the signature of approval on behall ot OYt'fler's City Manager affixed to this Agreement). 20_2 NONDISCRIMINATION. a. During the perfcrmance of this Agreement, the Private Entity agrees as follows: (1; The Private Entity will not discnminate against any Subcontractor, employes, or applicant far employment because of race, religion, color. sex, national origin, age, disability, or any other basis prohibited by State law relating to discriminalion in emplo}ment, except where there IS a bona fide occupa~ional Qualilication reasonably necessary to the normal operation of the Private Entity. The Private Entity agrees to post in conspicuous places, available to employees ancj applicants for employment, notices settIng 10.1h tfle prOVisions of thIS nondiscriminalion clilllse. (2) The Private En!ity. in all solici~alions or advertisements fer emptoyees placed by or on bet-aif of the Private Entity, will state Ihal such Private Cnlity is an equal employmenf opportunity employer (3) Notices, advertisements, and solicitations placed in accordance with federal law, rule. or regJlation shall be deemed sufficient for the purpose of meeting Il'1e requireMents of this seclion b. The Private Entity will include the prcvisiors of the foragoing Subsections a (1), (2), and (3) in every subcontract or purchase order of over $10.000, so tI1at the provisions will be binding upon each SJbcontractor or 'vendor. c. PurSlJi:l.111 to thtJ Code of Virginia, S~cliOfJ 2.2-4343.1, be advised fhat the City of Roanoke does not discriminate against faith.based organizations. 20.3 DRUG-FREE WORKPlACe. a. During the performance 01 this Contract, the ContraC;tor agrees to (1) provtcfe a drug-free workplace far the Conlractor's employees: (Ii) post In conspicuous places, available 10 employees and applicants for employment, a statement not:fying employees that the unlawful manufacrure, sale, distribution, dispensation, possession, Or use 01 a controlled substar.ce or marijuana is prohibited in U",e Contractors workplace and specifying the actions tf1a.t will be taken against emp/ovees for violations of Suc'1 prohibItion: (ui) state in all solicitations or advertisements for employees placed by or on behalf of lhe Contractor tha11he Contraclor mal'ltalns a drug-tree workplace; ancl (Iv) include the prOVisions of tt'e foregoing clauses in every subcontract Or purchase Older over $10,000, so that the prOVISions will be binding l.pon each subcontractor or vendor. Page 27 of 30 2-14-07 b For the purpose of this section, "drug.free \"JOrkplacs" means a site for the performance of Work done in connect on with a specific contracl awardee: to a Contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possessicn or use of any cont'olled substar.ce or marijuana dUring the perlormal1ce Df the Con~ract. c. The ContractDr shall post a copy of the policy in a conspicuous place at the jObsite and assure that all Contractor, subcontractor, and supplier personnel entering tt'e jobsite are in'ormed of ttlt: policy. 20.4 NOTICES, a. All notices and demands by any party ~o any other shall be given in writing aM sent by a 1ationally-recognized, overnight cOLrier or by United States certified mail, postage prepaid, return receipl requested. and addressed as follows: To the Owrer: City 01 Roanoke Attn: City F.ngineer Noel C. Taylor Munic pal Building 215 Church Ave., SW, Room 350 Roanoke, VA24011-1517 Telephone: (540) 853-2731 felefax: (540~ 853-1364 With a copies to: Owner's Representative Attn: Warren L. Walker, Vice President Construclion Dynamics Group. Inc. an ARCADIS Company 9861 Broken land Parkway, Ste 254 Columbia, MD 21046 Telephone: (888) 842-l00G Tetetax: (410) 381-1990 ?urchaslntl Manager Purchasin~ Divis:on City 01 Roanoke ~oel C. TayJOJ Municipal Builaing 215 Church Ave., SW, Room 353 Roanoke, VA 24011-1517 Telephone: (540) 853-2871 Telefax: (540) 853-1513 To Private Entity: Donley's LLC Attn: Kurt 0, Welnlurther Regional Vice President Donley's LLC 1508 East Parham Ad Richmond, VA 23228 Telephone: 804-264-7804 Telefax: 804-264-7806 With a copy to: (Address] Telephone: Telefax: b. Any party may, upor. prior notice to the others, specify a differe1t address tor the giving of notice. Notices shall be effective one day after senchng'f sent by overnight cO:.Jrier or three (3) days after sendIng if sent Dy certified mail, roturn receipt requestecJ. 20,5 SUCCESSORS AND ASSIGNS. Except as expressly otherwise provided, all of lhe terms, covenants alld conditions hereof shall be binding upon and inure to the benefit 01 the partIes herelo a'ld their respective successors and assigns. This Agreement may not I::e assigned without the prior written consent 01 the parties to this Agreement. 20.6 NoW..VER. The fa:lure of OYmer to insisl upor the strict performance of any provisiors 01 this Agreement, the failure of Owner to exercise any right. option or remedy hereby reserved, or the existence of any course of performar-ce hereunder shall not be construed as a waiver of any provision hereof or of any such right. option cr remedy Or as a waIVer for the luture of any such provision, right, option or remedy or as a waiver 01 a s~bsequenl breach thereof. "!'"he consent or approval by Owner of any act by Private Entity requiring Owner's consent Of approval sha!1 not be construed to waive or render unnecessary the requirelTlent lor Owner's consent or approval of any subsequent simJlar act by Private Entity. No provision of t"'is Agreement shall be deemed to ha'w'e been waived unless such waiver shall be in writing signed by the party to be charged.i Page 28 of 30 2-14-07 20.7 SEIIFRABlLlTY II any term or provision of thIs Agreement shall be determined to be ir.vahd or unenforceable in any respect, it shall be replaced w:th a sL'bslanliaily similar provision to the greatest extenl possible and the Agreement shalllerr.ain in full force and effect 20.8 COUNTERPARTS. This Agreement may be exec,Jted in two or more counterparts, each of which sha'l ':Je deemed an original, but all of such counterparts together shall be deemed to be one and the same inslrument. It shall not be necessary in making proof of this Agreement or any counterpart hereof to produce or account for Ule other cOJnterpart. 20.9 GOVERt4ING LAw. This Agreement shall be govcr1ed by. and construed in accordance with, the la.....s of the Commonwealth of Virg:nia. Venue for any litigation arising from this Agreement shall only be proper in the Roanoke City Circuit Cou1, or in the Roanoke City General District Court if the amount in controversy is wIthin the jurisdictional iimit of such court, and all pa~ies to this Agreement vCluntarily S'Jbm;t ~C tne j~risdiction and venue of suc~ courts, regardless of the actual location o~ such parties. Tne provisions of this Agreement shall not be construed in favor of or againsl either party but shall be construed according 10 their fair meaning as If both parties jointly prepared this Agreement. 20.10 ANNUAL APPROPRlAnoN AND PLAN OF FiNANCE. The financial obligations of the Ownel conlained in Ihis Agreemenl are subject to annual awropriatlon 61"d availability of funds for the Project Pri....atc Entity shall cooperate in exp.culing any docurrents. reasonably necossa~y to aid (NmfiH in im~'ementing its plan of finance tor thCl Project. 20.11 FINANCIAL STATEMENTS. Private Entity agrees to provide OYe11er with copies of its complete and current financial statements upon reasonable written request by Owner. The Private Entity may designate such fmancial statements as confidential proprietary information exempt frOM release under the Virginia Freedom o~ Information Acl by for owing the procedure :or such designation indicated in the Owner's PPEA implementalion procedures. 20.12 COpy OF AGREEMENT TO A.UDlTOR OF PUBUC ACCOUNTS. Owner shall submit a copy of this Agreerr.ent to the Virginia Auditor of Public Accounts within thirty (30) days of its effective date. 20.13 APPROvAL BY ROANOKE CITY AS A CONOIllON PRECEDENT TO AGREEMENT'S EFFECTIVENESS. It shall be a condition precedent to this Agreement's effectiveness that It first be approved by the Council of the City of Roanoke, Virginia. 20. 14 CERnFlCAnoNS. Private Entity has executed and provided to Owner a Vendor's Certification (Exhibit I) contemporaneously with tl'1e exec...tion of this Agreement. Private Enli:y shalr require all subcontractors who will per10rm mOle than $10,000.00 of Work pursuanllo Ihis Agreemenllo execute Ihis document (E.lLt,ibitl) pn:)r to commenceme'11 of such subcDntractor's Wor1c. 20,15 ElHICS IN PUBUC CONTRACnNG The provisions, requirements, and prohibitions as contained in Sections 2.2-4367 through 2.2-4377. of ft1e Va. Code. pertaIning to bidders, otferors, contractors, and subcontractors are applicable to this Agreerr.enl. 20.16 HEADINGS The captions and ,",eadings in this Agreement are for convenience and reference purposes only and shall r.ot affect in any way the meaning and interp~etation of this Agreemelll. 20,17 MINORITY & WOMEN-OWNED BUSINESS ENTERPRISE AND SMALL BUSINESS CERTlFICAnON The Privale Entity shaff use reasonable eHorts to use minority and women-owned business enterprisE'S and small bl.SlneSSBS 'or WOIk on :he Project. The Private Entity shall complete and submit the ~Minority & Women-Qwned Business Enterprise and Small Business Certification" form from time to time as requested by Ihe Owner's Aeplesentalive. Failure to complels and sign !his slatemenl is cons:dered a material violatbn of the Agreement. 20,18 EN11RE AGREEMENT, This Agreement and the attachmenlS an:::! exhibits attached hereto and form;ng a part hereof set fonh all the covenants, promises. agreements, conditions and understandings between Private E.ntity and Owner concerning the Project, and there are no covenants, promises, agreements, conditions or understandings, either oral or written, between tnelTl o~er than are herein set forth. No alteralion, amendment. change or addition 10 this Agreement shall be birldlng upon Private Entity or Owner unless reduced to writing and signed by each party. Extrac:s from Private Elltity's Conceptua~ Phase and Oetailed-Pt'ase proposals at Exhibit Bare atached and incorporated by reference for PlJrposes 01 providing details concerning the overall inten~ of rile parties. However, EXhibit B is not intended to conlradict thiS Agreement. and in the evenf of inconsistencies, fhis Agr6tKnent shall control. SIGNATURE PAGE TO FOLLOW Page 29 of 30 2-14-07 IN WITNESS WHEREOF. toe parties hereto have signed this Agreement by their duly authorized 'epresentatives. AttestJWitness: Donley's LLC By __,__ PresidenWice-Presidenl; Partner or Owner Typed or Pr,nted Name and Title -, Typed or Printed Name and Title (Private Entity's Corporate Seal) CITY OF ROANOKE, VIRGINIA By ______ ,_ AttestJWitness: Typed or Printed Name and Title Typed or Printed Name and Title Appropriation and Funds Required for this Agreement Certified Authorized by Ordinance No. Director/Deputy Director of Finance Date: Account #: Approved as to form: City Attorney/Assistant City Attorney Approved as to execution: City Attorney/Assistant City Attorney Project: Page 30 of 30 2-14-07 Comprehensive Agreement Between City of Roanoke, Virginia and Donley's LLC EXHIBIT "A" LAND See two allarhed drawings one dated February 17.2006 and one dated January 15. 2007 both from Lumsden Associates. P.c. Page I of I 2-14-117 .,.-.....'...,"...,--.... \_.. , --'-.. i \ \ \ \ \ \ i I i \. \ , \ \ I I f' .-~ \ fl \ \ I ~---..-i,;,c.-- . L i :, \ '(t ~ - -- w i-- , I, 1 ~----J- ~I~__ ! I I " \,.,-" ! , ' , i ii, r;iI '-" '-"-t' L, ,,; 1 -f ,0 'I I ' -_u.. I g I \ "ii, ,. I' .' , : ':' h' ~-"-I' Is I I Ii " "'" I ' ". '.'" ~ ' ",--I, i' {",if .:c V! i ! "i'; -,.! 1,\ \ I', \,"\.I,",! iirhl~ ._~~'!~_'/~rR=~*'~:'" ,~. .,\.1 ! II', .'," ii'!;~I- --i-- .f !: 'I'. ,;(",./-- I I . , "",~.:' I ~- " 'Jk J' I'.! II"""'''''' ' "".., ' 1 ~ \ :\~_).,' i 'ii ,_ . fli,o {i \ rl ~iN I' (i 'I '"' i.Ii'" i r-' '-ii- I I ., 'Hi · , '\ : :\;: !It,' .ilii,- ! tf-":-; i 'I -~ . '"""'P--"',~-.:"""-''; / " 't I' ,-', ' . ,.', ,_u'" . · . : I I' I ' I, i; _ Ii' : lJ -i ,!II' -J E h.= 7 i ,I : I' " , · i ", ' ,,' ,,-'~'" ... ! I '" ,I Ii ,,' ,) Ii ,~.cl!t." II rt"", ,iJ '! i , I ,,~" ,,','. '", o)~. ,1.:" . 'L"i i I'i"i I i~li ll!lj li~ ,- I ///t-V II il: i ! " ,,,,,~ ': ," I , I I ..--'-- L!I I -'. 1 /: '1 I I,il'j il t, , ;1 " I " I: '/ ,~ ..., , " ."' I 1 .,,} .~. · ~ '" !; , i " .'" ". nI' I I "'IP' "--. i ~~f ~~ ~~g ...,.' . . _.. ~.,~_ ._.2 ~.. , .!" i I, ~>~:;~~ ~-~~~l;~ III i ' . ~i~\~;; r.~"';j" r.....,.1._ I' 2 :: ~~ _.~ .~~ . .._1.\ ~ ~..!=> ~"'~ _'I . EL,VMSDEN' : __-(~~,:c ~ ~~~ :;2"" ....u GINEE J1,SSOCIATE -=-..:- ~,~ E :?: ';,;;2 RClANOKtt"URYEVOR< m S, P,C "~ '" ~ . . /RO,"/,; _'ccA,""S .: '" . '" ' \ \ \ ~ . ~ --- ~- !I- .' .~ ~SI: -. . 'T i . lOG" liilllOOj;mi 'l,'lilfillolm~!l'" 1l,1I,II'll> mi'll; !I!~II if 'I I "j&l:i.JI m~~!iI!i~~" Ilg111! I ,1191i' '!il~' ~~l Iltl II' I I , II ' n'~I"'1:d,~ 1IIImllllll'; , 110/. ! I' · I _ I 'n 1- ,'~ . . a.~ . '~ ~:15oOCl"."'" t-"':MM1/1f1':"5ac1"/.""; -~~ . '~r..,~,~'Z~07\010:3'.""0101J'pO' ...~ IPUliUllUII ~~I!~ ;~! ~;!i a !: I I i I ~ ~ -;-~ i: ;;= i'ol.", ... '"" ~i !~ .~~ .~~ ~~~ i 'll: C iZ'!!r~ 1I'!!r<:l -:<wiI ~~ ~ ~~~ ~~~ !~~ . ~: hh~~d~~~~~~ 'i .~ ~~"ia~.~...~.~ ~ ~ '",,, ~~ ~~ .~1i . ~ ~~ ~il ~il oil~ ,,-- i - ~~ - ~ e;' 1lI~ ~ ;:,,~ .-.~ ~. OI:~ :=t:i ~ l:;l ~ ,~~ ~ ~ ~ - s: I I~ ii ;1 1_ '-0 G) . I bATI, I --~, ~ ~"""!. i' I ~1.5.2007 20070(113 ".20' ,.......... !;" ,., ~ ~.!; ~~~e ~~ ..,-olli ........ ~~~I .~:l;1ii ~~..~ 1'" ~~f:i ~! -~.-.. -.--.. ---'--f~ 1,I:j~ '~d il!ii ; I : ~!i!l g I I !ij I I !~~~~!~!r41~5.ilil.i~~'p.r ~ II I: = I 1m it iiHIII!R~!i !I! ~ !I!I ;J~II:!:li ~ .Ii i! lIe ~III~II'I ! ! I ;.11 j!~~I';lli . Lt:MSDE/'I ASSOCIATES, P.c. '.........."'ON^'''''Uf,SW '''''Wf" {"O"",'''' I::~GI~EERS-SURVEYORS-PLA!\'~ERS PO nOX'Mr.'! FAA: (!i40)7n'J.4.4~ ROANOKE, VIRGINIA RQ.'\'.O"T. V1J((;INIA 24018 r IMI~: MAa.@lUMSU~f';l'(;ro."" I -~~ -- ~~ i8=~le :'Bs -. ""'::...""'::...--""'::.......- I + , li~ 1;1 . . 07C'~r~OI .....~, ptr l: t'~ ~ '~-y'-~ :Ii: .1.-. .... ,". . ......;~I~~:it . - ~d.~li -~.. ilUii ~;:~I; ~~u~I~~ . ~~. un~ " ;,' ;; I . .~ ." -Ie "'........ iii -~i=i!:t81 . ~ , I I . I I I I I I I I , I " " I - '" I . ~ I ~- ,- " I , ., '" I \ ~, ;8 e; I - '" I \\1 ~a' , . n I ~ ?'= . n '" I I .,1 I I " I , " I , \ " I 6l ~ I ( j' I c!..-__ _- I I I \ I I , ~ , , -,----_ I. -~__a_.. .. , , I --..--.; I . . .) I~ ",~,.f-, .~ . , , i , . { ~ , Ii , i! a , I' i!: ~ . r; Comprehensiw Agreement Between City of Roanoke. Virginia and Honley"s LLC, Richmond, VA. EXHIIUT "8" SCOPE 01" WORK The Scope of Work includes the design and construction of a five level (four structured levels) parking garage facility. yielding a minimum of 350 parking spa,,'es, loealed between Campbell Avenne SW and Salem Avenue SW in the 300 block of bnth, in the City of Roanoke, Virginia. The deck size is a total of approximately 113,280 squarc feel. Parking spaces are based on 9 foot by 18 foot stalls, parked at 90 degrees with two way traffic flow. Drive aisles shall be approximately 24 feet with 27 foot end aisle widths. The garage will be designed using a long-span structural system to provide clear line of sight througbout the garage with minimum column interference. Minimum clearance within the deck is 8 foot 2 inches throughout to allow for ADA van acccssibility on all levels. The exterior of the structure will feature horizontal bands of precast concrete that arc inlerrupted on the east and west facades by venical columns which express the structural module of the building. Venical wall panels on the nonh and south elevation will comain thill-set brick veneer to blend with adjacent buildings. Both thc Ilonh and south elevations contain stair shafts with significant glazing on the street elevations to enhance building security. These elements extend above each top parking level to break lip the mass of the building. The roofs on the slairtower and elevator/stain ower ,shall be standing seam metal hips. Thc facility will be ADA accessible and will inelude an elevator. During the design phase, the Private Entity will submit Schematic/Design Development drawings and Construction Document drawings and speeifications for Owner's review and approval. The following Conceptual Slage Proposal. Detailed Stage Proposal. design documents, design standards, invcstigations. reporls. and tog.ether with the Comprehensive Ag.reemcnt and other pertinent documents define the Scope of Work. 1, Requestlill' Proposals under the Public Private Educational Facilities and Infrastruclure Act of 2002 (PPEA) for the Design and Construelion of a Publie Parking Garage for the City of Roanoke RFP Number 05.10-02. date of Rrr Ocrober 10, 2005. 2. Donley's Phase 1 Proposal for Public Parking Garage City of Roanoke dated November 16, 20115 in response to City of Roanoke RFP Number 05-W.02 dated October 10. 2005. Page 1 of 4 Exhihit B 2-14-07rev 3. Donley's Phas" I Proposal for Public Parking Garage City of Roanoke Confidential Materials dated !'Iovember 16, 2005 in response to City of Roanoke RFP Number 05-10-02 dated October 10,2005. 4. City of Roanoke Correspondence dated February 27, 2006 from the Otrice of the City Engineer, RE: Request for Proposals under the PPEA RFP Number 05-10- 02. Additional information provided in this correspondence included Preliminary Suhsurfaee Investigation, prepared by Geotechnil's, Inc. dated February 13.2006 and boundary sun'cy of Ihe .site prcpared by Lumsdc'll Associates. dated February 17,2006. 5. Donley's Correspondence dated March 20, 2006 in response to the City of Roanoke additional comments and questions dated I'ebruary 27. 2006. 6, City of Roanoke Correspondence dated July 27,2006 from the Office of the City Engineer. RE: Request for Proposals under the PPEA RFP Number 05-10-02. City of Roanoke offered clarifications to assist in preparing the detailed phase proposals. 7. City of Roanoke Correspondence dated August 22, 2006 from the Office of the City Engineer. RE: Request for Proposals under the PPEA RFP Number 05-10- 02. City of Roanoke provided additional information to assist in preparing the detailed phase proposals. The information provided was building Category, Seismic Site Classification, and report on box culvert construction for storm sewer. 8. Donley's Phase II Proposal for Public Parking Garage City of Roanoke dated September 20, 2006 in response to City of Roanoke RFP Number 05-10-02 dated October 10, 2005 and subsequent request for clarifications mosl recently the July 27 and August 22. 2006 request for detailed phase proposals. 9. Donley's Phase II Proposal for Public Parking Garage City of Roanoke dated September 20. 2006 Confidential in response to City of Roanoke RFP Number 05-10-1.12 dated October 10, 2005 and subsequent request for clarifications most reeemly the July 27 and August 22, 2006 request for detailed phase proposals. 10. City of Roanoke Correspondence dated November 10, 2006 from the Office of tbe City Engineer, RE: Requesl for Proposah under the PPEA RFP Number 05- 10-02. City of Roanoke selected Donley's LLC as first selection for proposed Public Parking Garage. II. The Guaranteed Maximum Price (GMP)is $5,985,000 and is inclusive of the following: a. Base Proposal b. Dclete Revenue Control Equipment c. Add Independent Testing Lab $5.795,000 (5 60.000) $ 50.000 Page 2nf4 Exhibitll 2-14-I)7rcv d. Add Sitework Allowance $ 200.000 e. Total Guaranteed Maximum Price fGMPi $5,985,000 12. The following allowance" are induded in the GMP amount a" place-holders for work that is known to be required but for which the scope is undefined. Once the final design is agreed upon, Ihe difference between the actual cost and the allowance will be credited to the City or paid to Donley's as a deduct or an add to the eomract GMP as appropriate: a. Parking Boorh with Restroom b. Landscape Plantings, Grass, Soil Amendments, ete c. Exterior Signage d. lnde,pendelll Testing Laboratory c. Sitework Allowance $30,000 $10,000 $ 5,000 $50.000 $ 200.000 , 13. The sitework allowance will be used for site preparation for the parking garage. induding but nor limite~ to the following work: a. Replacement of two existing WVW A sewer lines hy the Private Emity to indude the following: Construction plans for sewer mains must be approved by the Authority prior [0 construction, No structural loading will be placed o\'cr either sewer line. No sewer service will connect 10 main under garage. Fumish and install two 20-inch steel casings for the limits of the proposed slructure and 20 feet on either side. Furnish and install new 8" sewer lines within the casings. Sewer lines 10 use HOPE, "ASTM F714." However, such requirements may be modified if approved hy the WVW A and the Building Conunissioner. The City will provide the Authority with a saniwry sewer easement. b. Demolition of below grade foundations, slabs. rcmoval and replaccment of unsuitable soils. existing mbble, former building materials. and material classified not suitable for rcuse on site. c. Micro pile additional cost for lineal teet above 2700 included in the proposal or for obstruction removal associated with the micro pile work. d. Unit prices will he established by Donley's and the City of Roanoke prior to beginning the work for concrete foundation and wall removal per eubic yard. unsuitable soils removal and replacement per cuhic yard. and horrow material per cubic yard. e. Donley's will seek competitive bids for items "a" and "b" above and will provide the City with full infonnation on such bids. f. Mark up of up to 7.5% will he allowed for work perfornled utilizing the Sitcwork Allowance. III the event that site preparation work, as noted above. exceeds the sitework allowance. the provisions of the Agreement will be followed. 14. Donley's proposal included 90 Micro pile foundations at 30 lineal feet each (2700 tolal feet) at a co.st of S 105 per lincal fooL Additional subsurtace exploration will be Page 3 of 4 Exhibit R 2-t4-fl7re\" conducted to verify the Miero pile foundation system included for the project. Thc cost of the exploration program is going to hc paid for from the Independent Testing Laboratory allowance established in the Agreement price or the savings achieved at conclusion of the micro pile installation. Donley's agrees to an add/deduct of S] 05 per linea] foot for this work. The final cost of the work will be based on the actual quantity of production pile installed at completion of the work. Any overage will he taken from the Sitework Allowancc and any savings will be added back to the Sitework Allowance. The cost of test piles. load tests, and mobili7.ation is not included in the nnit cost per lineal foot because they are covered in the base cost. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 4- of 4 Exhihilll 2-14-IJ7rcv Comprehensive Agreement 8etween City 01' Roanoke, Virginia and Donley's LLC, Richmond, V A, EXHIBIT "C" CLARlliICATIONS AND ASSUMPTIONS List clarifications and assumptions that serve as Ihe basis for the Agreement. I. Exclusion of Tab I - Item I d audited financial statement and associated documents contained in Donley's Phase I Propos:li for Public Parking Garage City of Roanoke Confidential Materials dated November 16,2005 in response to City of Roanoke RFP Numher 05-10-02 dated October 10, 2005 are excluded from the Agreement as confidential information. 2. Exclusion of Tab 2 - Alternate Not Accepted by City of Roanoke of Donley's Phase II Proposal for Public Parking Garage City of Roanoke dated September 20. 2006 Confidential in response to City of Roanoke RFP Number 05-10-02 dated October 10, 2005 and subsequent request for clarifications most recently the July 27 and August 22, 2006 request for detailed phase proposals only as they relate to the alternate not accepted. 3. Donley's LLC includes the replacement of the existing stonn line with a 4'x4' box culvert or equivalent conduit within the footprint of the building.AIl costs. if any, associated with other permanent utility relocation work in the alley, except as otherwise noted. is to be covered by the City of Roanoke 4. Donley's LLC will remove visible and/or known slabs and above grade improvemems which include the following: . Asphalt paving, Concrete Paving, Bollards and Chains. Concrete Stair, Chain Link Fence, Concrete Wheel Stops. and Concrete Curb and Sidewalk and other such items reasonahly anticipated from the documents and information available to Donley's LLC including the drawing by Lumsden and Associates. P.c. dated 2117/2006 for the property associaled with the parking deck improvement. 5. The costs of certain permits as identified in the Agreement are not included in the lump sum amount of the project. 6. Parking and Revenue Control Equipment is not a part of this Agreement and will be furnished and installed by the City of Roanoke under separate contract. Coordination of installation of rough in requirements for the equipment selected by the City of Roanoke is included along with rough in conduit as noted in Donley's LLC Phase II proposal dated September 20,2006. 7. Pern13nent utility custs fur connection fees. meters, or furnishing and installation of equipment are not included in the lump sum amount for storm, sanitary, water, gas. telephone. data, or eleclrie of the project, but all costs for any temporary connections for any such items arc included in the lump sum amount. Page I of I Exhibil C 2114/07 Comprehensive Agreement Uetween the City of Roanoke, Virginia and I)onle}"s LLC EXHInIT "D" GUARANTEED MAXIMliM PRICE The Guaranteed Maximum Price is $ 5.985,000. A cosl breakdown by CSI divisions (Schedule of Values) including all fixed design, contractor fees and allowances will be provided by the Private Entity to lhe Owner's Representalive two weeks prior to construction and updated with each payment application. Individual line items may vary, however the sum of the individual line items shall nol exceed the tolal amount of the Guaranteed Maximum Price.. Page I of I 2-14-07 Comprehensive Agreement Between Cil)' of Roanoke, Virginia and Donley's LLC EXHIBIT "F" PAYMENT APPLICATION Alla~hed is AlA Payment ^pplicalion form G702/CMa. Notc refercllce in such form to COl1!ractor means Private Entity. Page I of 1 2.14-07 ~ is i= ~ C 0 w 1! II: !1 w r/) ;;; o <l Ii: w (!) <l z <l ::i z o >= <J :J II: .... r/) z o <J I- Z UJ :::i: )- <( c. 0::: o u.. z o i= <( o ii: I- 0::: UJ o~ c\.; z~ <t~ z~ Os: I-@ <(0'; 0"'" _u ...JO c.q ~;; "' w o 4 ~ ~ 5 B '" t; t; ::l UJ OJ -< ::l!: c::: 0 I- 0:::: 3 ;.Q tn < :2 f- .g ~ z ~ ~ ~ "5 0 8 ~ < C,; ~DD DO o > 1 ~ ~ ~ ~ ~ ~ .. -. o Z :l: o r: ;,; ~ 0: ... < '" o ~ z Cl ~ o w ffi ~ ... ... u E ~ ;l: ] t; 5 .50 g :t '" Li OJ 2 ... :.; 53 z ~ o o .... '" w u; ::E '" '" o z t ~.' -< ~ 0.. = o ....:! N V': ~ ::I: cJ .. >- Oc.rga::J.: 7 en 0 ~~ ~.C~ c < u ~ 0 .... 7- o " ::E o '" "- -. ~ -;: .~ -. tii .... <( Cl t <( '" .... z 8 e- N u CII i=3 ~Vi -a i~ ~Gf! .... 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" ~ ~ < ~ " g " ~ " " " " ;S O' u "0 u 9 c: < 0 z i 0 5 :2 ;;; ? > , c: < .~ s :is ~ 0 ~ '" " ~ . a !? g " . .. < ::> Comprehensive Agreement Between Cit)' of Roanoke, Virginia and Donley's LLC EXHIBIT "e;" PROJECT SCHEDULE MILESTONES The Privale Entity shall commence the Work to be performed under Ihe Agreemelll on such date as is established and fi..cd for such commencement by written notice to proceed given by the Owne,r to thc Private Entity. and the Private Entity covenants and agrees (0 fnlly construct, perform. complele lhe Work and reach Final Completion within Four Hundred Si'ty Si, (466) consecutive c..lendar days after the datc of commencement fi,ed and est.1blished by such notice. The Privale Entity further agrees that the W,'rk shall be started promptly upon receipt of such noticc and shall be prosecutcd rcgularly. diligenlly. and uninten'uptedly at a rate of progress that will ensure full compleTion thereof in the shortest length of time consistent with the Contract Docllmcllls. Work shall be accomplishcd in accordance with the following major scheduled milestones: Milcstonc_.. Established Dates for Milestones Notice to Proceed 2/21/2007 Design and Pcnnilting Completion 7/25/2007 Construction Start 6/27/2007 SubstanTial Completion 5/112008 Final Completion 6/1/2008 Page I of I Exhibit G 2/14106 Comprehensive Agreement Between City of Roanoke. Virginia and Donley's LLC EXHIBIT "H" !.1ST OF EXTENDED WARRANTIES Private Entity will provide: a preliminary list of extcndc-d warranties within 30 days from the dare of the contract and update such list as W3ITanlics become availahJ~. Page I of J Exhibit H 2-14-07 Comprehensiv'e Agreement Uetween Cit)' of Roanoke, Virginia and Donley's LLC EXHIBIT "I" PRIV ATE ENTITY'S CERTIFICATION On bchalf of Donley's LLC, the undersigned hcreby celtifics that if the Agrecment is completed with Donley's LLC, that no employec of the City of Roanoke, or members of his or her immediate family, including spouse, parents, or children. or any person represcnting or purporting to represent the, City of Roanoke has been promised or has received, directly or indirectly, any financial bcnefit hy way of fee, commission, finder's fee. political contribution, or any similar form of remuneration on account of the acts of awarding and/or exccuting this Agreement. Donley's further agrees to comply with the provisions of Sections 2.2-4367 through 2.2-4377 of thc Virginia Code, Ethics in Public Contracting. Handwritten Signature of Authorized Principal(s): Signature Name: Title: Name of FinnlPartncrship/Corporation: Donley's LLC Date: Page I of I E<hibit I 21t4fl007 Comprehcnsh'c Agrecment Between Cit), of Roanokc, Virginia and Donle)"s LLC EXHIBIT ".I" LIST OF A.E RATES Clark Nexsen Hourlv Rate Schedule' Principal Project Manager Architect Structural Engineer Mechanical Engineer Fire Protection Engineer Electrical Engineer Interior Design/Space Planner Civil Engineer Landscape Arch~ect Architectural Cad Structural Cad Mech" Piumb.. Fire Protection Cad Electrical Cad Civil Cad Landscaping Cad SpecificatIon/Report Writer Typist 5150,00 $125.00 110.00 $110.00 5110.00 5125.00 $110.00 $95.00 5110.00 $95.00 $60.00 $60.00 560.00 $60.00 $60.00 $60.00 110.00 $55.00 'Rates are valid 1rom Jan 2007 through Dee 2007 and are subject to 4% increase annually beginning January of each year thereafter, Desman Associates Hourlv Rate Schedule' Principal 5225.00 Project Manager $140.00 Project Engineer $130,00 Functional Parking Designer $110.00 Engineer $110.00 Planner $110.00 Drafter $75.00 Technicians $75.00 Adm inistrative Support 555.00 Page I of 1 Exhibit J 2-14-07 Comprehensive Agreement Betwecn City of Roanokc, Virginia and Donley's LLC, Richmond, VA. EXIIIBIT "I\:" EXTENSIONS TO AGREEMENT TIMES DUE TO UNUSUAI.I.Y SEVERE WEATHER A. Unusually severe weather is any weather that ex(."e~ds Ihe average number of weather day~ a!l listed tlelow AND affCl.:Is, the major work <}I."rivilies on the r.:ritical path lIf the ProjeL:t as established by the haseline schedule. as approved by the Owner's Representalive. I) The following sl.:hcdule rcprcscms the mean average of the total number of rain day~ from the preceding 10 years. exclusive of the current year. This data has been taken from the daily precipitation totals uf lJ3yS where rainfall cxcet!ds 0.1" as compiled by the National Occanol!r:mhic and Aeronautic Administration (NOAA) and/or local rcpor1ing agcm:ics. 2) Monthly Anticipaled Scvr.:re Weathr.:r Delay (in days through Dec 20(6) JA:-.I 6 FEB 7 ~I^R 6 APR (, Roanoke Cit '. Vir inia MAY JlI~ WI. "1;0 7 8 7 (, SEP 7 OCT 4 :-.IOV 6 DEe (, D. Upon ack.nowh:~dgement l..lf the Notil.'e to Proceed and continuing t.hroughout the AgreemenL. ~he Private Entity will record the OCCurr~nce of adverse weal her AND the resulL.1nt impact to the normally scheduled work. Actual adverse weather delay days musl prevent wllrk on critical path activities for 50% or more of the Private Entity's scheduled workday. C. The numb~r of actual adverse weathe.. delay day!'!, shall include days impat.'ll.."(j by actual adverse weather (cven if tht" weather occurred during the previous month), and be calculated chronologically from lhe first to Ihe las( day ;n each momh. and r,e recorded as full days. If the number of actual adverse w~alher dday days exceeds thc numbcr of days anticipated in p.uagraph A.:! above, the. Owner's Representative will conVert any qualifying ddays to calendar days giving full consideration for equivalent fair weather work.days. and i~sue a modification to the Agreement times at the end of the project. D. Notwithstanding the pHIVi~i(ms mentioned ahove, should the 8crual number of aClual ac..lvcr.'ie wcalhcr delay days, (including supplemental impact days). he less than the number of days anticipatt.'d in paragraph A.2 al'love, the Owner's Representative will calculate a nedit and subtraCT from the running total of time ~xtensiollS. However, should the running total of delays result in a negative number, no dilYS will he subrrac'ed from the over all Agreement limes. E. Within ~ days of the laM impa~tf"d day for which tht: Private Entity desires a rime extension, they shall submit a written report listing the days requested and outlining the impacts to the project. The Owner's Repr~em.alive may request that the r~plln be Clt.:t.:ompanied b)' a delay analysis scheuule. F. At the PrivatI: Entity's discrction, it may also track impacts 10 non-t.:ritlcal activities so thaI in the event thai the wealher impact is ~o seVele, these activitics bel:l1me critical, a t.:ontinuous l'hain of information exis(s 10 validate the claim. G. Thl' Private Enlily muSI give the Owner's Representalive v..Titten notice on a daily basis on it form to be provided to the Private Entity. The Owner's Representative, based on information provided by the Private Entity and olher sourc(""ii as he/she deems nen::ssary. sha.1I determine whether the daim for wCCither delay should be allowed or disallowed. The Owners Representative ,hall notify the Private. Entity of hislher decision in writing, hhibil K - 1-1.~,07 Comprehensive Agreemcnt Between City of Roanoke, Virginia and Donley's LLC EXHIBIT "I." SAMPLE BONDS See attached sample honds Page J lIf I Exhibit L 2-13-()7 CITY OF ROANOKE. VIRGINIA CONTRACTOR'S LABOR AND MATERIAL PAYMENT BOND KNOW All MEN BY THESE PRESENTS: that (Insert full name or legal title and address of Contractor) as Principal. (hereinafter referred to as "Contractor"). and (Insert full name or legal title and address of Surety) Teleohone: Fax: as Surety (hereinafter referred to as "Surety"), are held and firmly bound unto the City of Roanoke. Virginia, a municipal corporation. 215 Church Avenue, S.W., Noel C. Taylor Municipal Building. Room 350. Roanoke, Virginia 24011, as Obligee (hereinafter referred to as "City" or "Owner"). for the use and benefit of Claimants as herein below defined. in the amount of Dollars ($ ). for the payment whereof Contractor and Surety bind themselves, their heirs. executors. administrators. successors. and assigns. jointly and severally. firmly by these presents to the terms of this bond. WHEREAS, Contractor has entered into a Contract with the City dated 20_. incorporating certain specifications and drawings prepared by: (Insert full name or legal title and address) (which Contract. specifications, drawings. and other Contract Documents are hereinafter referred to collectively as the "Contract") for providing a fully functional and properly operating project. namely which Contract is expressly incorporated herein by reference and made a part of this bond. Project: Contractor's labor and Material Payment Bond Rev. 5/1/2005 Page 1 of 3 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Contractor shall promptly make payment to all Claimants, as hereinafter defined, for all material furnished or labor supplied or performed in the prosecution of the work provided for in the Contract, then this obligation shall be void; otherwise this Labor and Material Payment Bond shall remain in full force and effect and is subject to the following conditions: Project a. Any alteration which may be made in the terms of the Contract, including, without limitation, the amount to be paid or the work to be done under it, or the giving by the City of any extension of time for the performance of the Contract or any other forbearance of any nature whatsoever on the part of either the City or the Contractor to the other shall not in any way release the Contractor and the Surety, or either of them, their heirs, executors, administrators, successors, or assigns from their liability hereunder, and notice of such alteration, extension, or forbearance is hereby expressly waived by Surety. b, A Claimant is defined as one who has and fulfills a contract to supply labor or materials, or both, to the Contractor or to any of the Contractor's subcontractors, in the prosecution of work provided for in the Contract, labor and material being construed to include, without limitation, public utility services and reasonable rentals of equipment, but only for periods when the equipment rented is actually used at the site, or who may otherwise be allowed by law to file a claim against the Contractor and/or Surety. c. The Contractor and Surety hereby jointly and severally agree with City that every Claimant, as defined in paragraph b, who has performed labor or furnished material in accordance with the Contract in the prosecution of the work provided for in the Contract and who has not been paid in full therefore before the expiration of ninety (gO) days after the day on Which such Claimant performed the last such labor or furnished the Jast of such materials for which Claimant claims payment, or as may otherwise be allowed by law, may bring an action on this payment bond to recover any amount due Claimant for such labor or material, and may prosecute such action to final judgment and have execution on the judgment. The Contractor and Surety expressly agree that City shall not be liable for the payment of any judgment, costs, or expenses resulting from any such suit and that neither Contractor nor Surety shall cause City to be named as a party in any such suit. d. The Contractor and Surety hereby jointly and severally agree with City that every Claimant, as defined In paragraph b, who has direct contractual relationship with any subcontractor from whom the Contractor has not required a subcontractor payment bond but who has no contractual relationship, express or implied, with such Contractor, may bring an action on this bond only if the Claimant has given written notice to the Contractor within one hundred eighty (180) days from the day on which the Claimant performed the last of the labor or furnished the last of the materials for which payment is claimed, stating with substantial accuracy the amount claimed and the name of the person for whom the work was performed or to whom the material was furnished, or as may otherwise be allowed by law. The Contractor and Surety expressly agree that City shall not be liable for the payment of any judgment, costs, or expenses resulting from any such suit and that neither Contractor nor Surety shall cause City to be named as a party in any such suit. Conlractor's Labor and Material Payment Bond Rev. 5/1/2005 Page 2 of 3 e. The Surely hereby submits itself to a court of competent jurisdiction in Roanoke. Virginia. and agrees that any suit or action hereunder by any Claimant shall be brought only in a Virginia court of competent jurisdiction in and for the City of Roanoke. or in the United States District Court for the Western District of Virginia. Roanoke Division. and not elsewhere. f. Any suit or action hereunder shall be brought within one year after the day on which the person bringing such action last performed labor or last furnished or supplied materials. g. The provisions of this bond shall be governed by and interpreted to be consistent with the laws of the Commonwealth of Virginia. SIGNED AND SEALED this _ day of , 20_. in the presence of: CONTRACTOR WITNESS: By: (Seal) (Type Name and Title) SURETY WITNESS: By: (Seal) Attorney-In-Fact (Type Name and Title) (Attorneys-in-fact affix seal and attach current original or certified copy of power of attorney.) Project: Contractor's Labor and Material Payment Bond Rev. 5/1/2005 Page 3 of 3 CITY OF ROANOKE, VIRGINIA CONTRACTOR'S PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that (Insert full name or legal title and address of Contractor) as Principal, (hereinafter referred to as "Contractor"), and (Insert full name or legal title and address of Surety) Telephone: Fax: as Surety (hereinafter referred to as "Surety"), are held and firmly bound unto the City of Roanoke, Virginia, a municipal corporation, 215 Church Avenue. SW" Noel C. Taylor Municipal Building, Room 350. Roanoke, Virginia 24011, as Obligee (hereinafter referred to as "City" or "Owner"), in the amount of Dollars ($ ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents to \he terms of this bond. WHEREAS, Contractor has entered into a Contracl with the City dated 20_, incorporating certain specifications and drawings prepared by: (Insert full name or legal title and address) (which Contract, specifications, drawings, and other Contract Documents are hereinafter referred to collectively as the "Contract") for a fully functional and properly operating project, namely which Contract is expressly incorporated herein by reference and made a part of this bond. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Contractor shall promptly and faithfully perform the Contract, in strict conformity with each and every requirement of the Contract, then this obligation shall be null and void; otherwise, this Performance Bond shall remain in full force and effect and is subject to the following conditions: Project: Contractor's Performance Bond Rev. 5/1/2005 Page 1 of 2 a. Any alteration which may be made in the terms of the Contract, including, without limitation, the amount to be paid or the work to be done under it, or the giving by the City of any extension of time for the performance of the Contract or any other forbearance of any nature whatsoever on the part of either the City or the Contractor to the other shall not in any way release the Contractor and the Surety, or either of them, their heirs. executors, administrators. successors, or assigns from their liability hereunder, and notice of such alteration. extension, or forbearance is hereby expressly waived by Surety. b. IT IS NOT INTENDED BY ANY OF THE PROVISIONS OF ANY PART OF THIS BOND TO CONFER A BENEFIT UPON ANY OTHER PERSON OR ENTITY NOT A PARTY TO THIS PERFORMANCE BOND OR TO AUTHORIZE ANY PERSON OR ENTITY NOT A PARTY TO THIS BOND TO MAINTAIN A SUIT PURSUANT TO THE TERMS OR PROVISIONS OF THIS BOND OTHER THAN THE CITY OR ITS SUCCESSORS OR ASSIGNS. c. The Surely hereby submits itself to a court of competent jurisdiction in Roanoke, Virginia. and agrees that any suit or action hereunder shall be brought only in a Virginia court of competent jurisdiction in the City of Roanoke or in the United States District Court for the Western District of Virginia, Roanoke Division, and not elsewhere. d. Any suit under this bond must be instituted within one (1) year after (i) completion of the Contract, including the expiration of all warranties and guarantees, or (ii) discovery of the defect or breach of warranty, if the action be for such, in all other cases. e. The provisions of this bond shall be governed by and interpreted to be consistent with the laws of the Commonwealth of Virginia. SIGNED AND SEALED this _ day of ,20_. in the presence of: WITNESS: CONTRACTOR By: (Seal) (Type Name and Title) WITNESS: SURETY By: Attorney-in-Fact (Seal) (Type Name and Tille) (Attorneys-in-fact affix seal and attach original or certified copy of current power of attorney.) Project: Contractor's Performance Bond Rev. 5/1/2005 Page 2 of 2 ~' A.3. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA A RESOLUTIO:"i AUTHORIZI:"iG THE ISSUANCE 01;' TWO MILLION SIX HUNnRED THOUSAND DOLLARS (52,600,000) PRINCIPAL A:\10UNT OF GEN"ERAL OBLIGATIONS OF THE CITY OF ROANOKE, VIRGI:-;IA, IN THE FORM 01<' GENERAL OBLIGATION PUBLIC ll\lPROV}:ME:-;T BOl\"DS OF SUCH CITY, FOR THE PURPOSE OF PROVIDING FUl\"DS TO PAY THE COSTS OF THE ACQUISITION, CONSTRUCTION, RECONSTRUCTION, IMPROVEMENT, EXTENSION, ENLARGEMENT AND EQUIPPING OF VARIOL'S PLBLIC PARKING FACIl.1TIES OF AND I<'OR SITH CITY; :FIXING THE FOR'I, DE"'OMINATION ^,"'D CERTAIN OTHER DETAILS OF SUCH BONDS; PROVI/n;'liG FOR THE SALE OF SUCH BONDS; AUTHORIZING THE PREPARATION OF A PRELIMINARY OI'FICIAL STATEMENT AND AN OFnCIAT. STATEME;'I;T RELATING TO SUCH BON"DS AND TIlE DISTRIBUTION THEREOF AND THE EXECUTIOl\" OF A CERTIFICATE RELATING TO SUCH OFFICIAL STATEMENT; AUTHORIZING THE EX}:CUTION AND DELIVERY OF A CO"'TINUlNG DISCLOSURE CElnIFlCATE RET"ATING TO SUCH BONDS; ALTHORIZTNG Al'iD PROVIDING FOR THE ISSUA."'CE AND SALE OF A LIKE PRINCIPAL AMOUNT OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE AND SALE OF SlJCI-I BONDS; DELEGATING TO TIlE CITY MANAGER AND THE DIRECTOR OF FINANn: CERTAIN POWERS WITH RESPECT TO THE SALE ANn DETERMIl'ATIO:-l 01" THE DETAILS OF SUCH BONDS AND NOTES; AND OTHERWISE PROVIDING WITH RESPECT TO TilE ISSUANCE, SALE A.."ID DELIVERY OF SIX" Borms ^,"D NOTES WHEREAS, in the judgment of the Council (the "Council") of the City of Roanoke, Virginia (lhe "City"), it is desirable to aulhorize the City to contracl a debt and to authorize the issuance of $2,600,000 principal amount of general obligations of the City, in the forlll of General Obligation Public Improvement Bonds o(the City, for the purpose ofproviwng tilllds to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public parking facilities of and for the City and to authorize the issuance of a like principal amount of General O':Jligation Public hnprovement Bond ."u1ticipation Notes in anticipation of the issuance of such Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE COtJ1\CIL OF THE CITY OF ROA:-JOKE, VIRGINIA: SECTlOK 1. (a) Pursuant to Chapter 26 of Title 15.2 of the Code of Virginia, ] 950, the same bcing thc Public Finance Act of 1991 (the "'Public Financc Act of 1991 "), ror the purpose of providing funds to pay the costs of the acquisition, construction, reconstruction, improvement. extension, enlargement and equipping of various public parking facilities of and 516291.1029719 RES for the City, the City is authorized to contract a dcbt and to issue $2,600,000 principal amount of gencral obligation bonds of thc City to be dcsignated and known as the "City of Roanoke, Virginia, General Obligation Public Improvemcllt Bonds" (referred to herein as the "Bonds"). (b) The Bonds shall be issued and sold in their enlirety at one time, or from time to time in part in series, as shall be detennined by the Director of Finance. There shall be added to the designation of the Bonds a series designation detennincd by the Director of Finance. The Bonds shall be issued in fully registered fonn in the denomination of 55.000 each or any whole multiple thereof. The Bonds of a given series shall be numbcred from 1\'0. R-I upwards in order of issuance. The Bonds shall bear interest from their date payable on such date and semialUlually thereafter as shall be detcrmincd by the City Manager and the Director of Finance in accordance with the provisions of Section 7 hereof. The Bonds of each series shall be issued in such aggregate principal amounts (not exceeding the aggregate principal amount speci.!ied in Section 1(a)); and shall mature on such dates and in such years (but in no event exceeding forty (40) years from their date or dates). and in the principal amollnt in eaeh such year, as shall be detcnnined by the City Manager and the Director of Finance in accordance with the provisions of Section 7 hereof. Interest 011 the Bonds shall be calculated 011 the basis of a three hundred and sixty (360) day year comprised of twelve (12) thirty (30) day months. (el The Bonds (or portions thereof in installmcnts of $5,0(0) shall be subject to redemption at the option of the City prior to their stated maturities, in whole or in part from timc to time on any date, in such order as may be detemlined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions therenf in installments of $5,000 of such maturity to be redeemed shall be selected by lot), upon payment of such redemption prices (expressed as a percentage of the principal amount of lIle Bonds to be redccmed), togcther with the intcrest accmed thereoll to the date fixed for the redemption thereof. as shall be detennined by the City Manager and the Director of Finance in accordance with the provisions of Section 7 hereof. (d) (i) If any Bond (or any portion of the principal amount thereof in installments of S5,000) shall be called for redemption, notice of thc redemption thereof, specifying the date, number and maturity of such Bond, the datc and place or places fixed for its redemption, the premium, if any. payable upon such redemption, and if less than the entire principal amount of sueh Bond is to be redeemed, that such Bond must be surrendered in exchange for the principal amount thereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion of thc principal amount thereof not to be redeemed, shall be mailcd not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the registercd owner thereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty-tifth (45th) day next preceding thc date fixed for redemption. Ifnoticc of the redemption of any Bond shall have been given as aforesaid, and payment of the principal amount of such Bond (or the portion of the principal amount thereof to be redeemcd) and of the accrued intercst and premium, if any, payablc upon such redemption shall have been duly malic or pmvided for, interest thereon shall cease 10 accrue from and after the date so specified for the redemption thereof. - 2- 516291.1 029719 RES (ii) So long as the Bonds are in book-entry only form, any notice of rcdemption shall be given only to The Depository Trust Company, New York, New York CDTC"'), or to its nominec. Thc City shall not be responsible for providing any benelicial owner of the Bonds any notice of redemption. SECTION 2. 111e full laith and credit of thc City shall be and is irrevocably plcdged to the punctual payment of the principal of and premium, if any, and interest on the Bonds as the same become due. In each ycar while the Bonds, or any of them, are outstanding and unpaid, the Council shall bc authorized and required to levy and collect annually, at the same time and in the same manner as other taxes of the City are assessed, lcvied and collected, a tax upon all taxable property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay when due the principal of and premium, if any, and interest on the Bonds to the extent other funds of the City are not lawfully availablc and appropriated lor such purposc. SECTION 3. (a) The Bonds shall be executed, for and on behalf oCthe City, by thc manual or Cacsimile signature of the Mayor and shall havc a facsimile oCthe corporatc scal oC the City imprinted thereon, attested by the manual or facsimile signature of the City Clerk. (b) The Director oC Finance is hereby authorized to appoint a Rcgistrar and Paying Agent for the Bonds (the "Registrar"). (c) The Director of Finance shall dircct the Registrar to authenticate the Bonds and no Bond shall be valid or obligatory for any purpose unless and until thc ccrtificate of authcntication endorsed on each Bond shall have been manually executed by an authorized signatory of the Registrar. Upon the authentication of any Bonds the Registrar shall insert in the certificate of authcntication the date as of which such Bonds arc authenticatcd as follows: (i) if a Bond is authenticated prior to the first interest payment date, the certificate shall be dated as of the datc of the initial issuancc and delivery of the Bonds of the serics of Bonds of which such Bond is one, (ii) if a Bond is authcnticated upon an interest payment date, the certificate shall be dated as of such intcrcst payment date, (iii) if a Bond is authenticated after the fiftccnth (15th) day of the calendar month next prcceding an inlerest payment date and prior to such interest payment date, the certificatc shall he dated as of such interest payment date and (iv) in all other instances the certificate shall be datcd as of the interest payment date ncxt preceding thc date upon which the Bond is authenticated. In the event the Bonds of any series shall be dated as of a date other than t.~e first day of a calendar month or the dates on which interest is payable on such series arc other thaJl the tirst days of calendar months, the provisions of this Section 3(e) with regard to the authentication of such Bonds and of Section 8 with regard to the form of such Bonds shall be modiJied as thc Director of Finance shall dctcrmine 10 be necessary or appropriate. (d) The execution aJld authentication of the Bonds in the manner set forth above is adopted as a duc and sufficient authentication of the Bonds. SECTION 4. (a) The principal of and premium, if any, on thc Bonds shall be payablc in such coin or currency of the Gnited States of America as at the respective dates of - 3- 516291.1 029719 RJ:S pa~m~nt ther~of is legal tender for public and private debts at the office of the Registrar. Interest on the Bonds shall be payable hy check mailed by the Registrar to the registered owners of such Bonds at their respective addresses as such addresses appear on the books of registry kept pursuant to this Section 4; provided, however, that so long as the Bonds are in book-entry fonn and registered in the name of Cede & Co., as nominee of DIC, or in the name of such other nominee of DIC as may be requested by an authorized representative of DTC, interest on the Bonds shall be paid directly to Cede & Co. or such other nominee ofDTC by wire transfer. (b) At all times during which any Bond of any series remains outstanding and unpaid, the Registrar for such series shall keep or cause to be kept at its office books of registry for the registration, exchange and transfer of Bonds of such series. Upon presentation at its office for such purpose the Registrar, under such reasonable regulations as it may prescribe, shall register, exchange or transfer, or cause to be registered, exchanged or transferred, on the books of registry the Bonds as hereinbefore set forth. (c) The books of registry shall at all times be open lor inspection by the City or any duly authorized oflicer 11lereof. (d) Any Bond may be exchanged at the office of the Registrar for such series of Bonds for a like aggregate principal amount of such Bonds in other authorized principal sums of the sanIe series, interest rate and maturity. (e) Any Bond of 'my series may, in accordance with its terms, be transferred upon tbe books of registry by the person in whose name it is registered, in person or by his duly authorized attorney, upon surrender of such Bond to the Registrar for cancellation, accompanied by a written instrument of transfer duly exeeuted by the registered owner in person or by his duly anthorized attorney, in form satisfactory to the Registrar. (I) All transfers or exchanges pursuant to this Section 4 shall be made without expense to the registered owners of such Bonds, except as otherwise herein provided, and except that the Registrar for such series of Bonds shall require the payment by the registered owner of the Bond requesting such transfer or exchange of any tax or other governmental charges required to bc paid with respect to such transfer or exchange. All Bonds surrendered pursuant to this Section 4 shall be cancelled. (g) (i) The Bonds shall be issued in lull hook-entry form. One Bond repres~nting each maturity of the Bonds will b~ issued to and registered in the name of Cede & Co., as nominee of DIC, as registered owner of the Bonds, and each such Bond will be immobilized in the eustody of DIC. DTC will act as securities depository for the Bonds. Individual purehases will be made in book-entry form only, in the principal amount of 55,000 or any whole multiple thereof. Purchasers will not receive physical delivery of certificates representing their interest in the Bonds purchased. (ii) Principal, premium, if any, and interest payments on the Bonds will be made by the Registrar to DIC or its nominee, Cede & Co., as registered owner of the Bonds, which will in turn remit sueh payments to the DTC participants for subsequent disbursal to the -4 - 516291.1 029719 RES beneficial owners of the Bonds. Transfers of principal, premium, if any, and inlerest payments to DTC participants will be the responsibility of DTe. Transfers of such payments to beneficial owners of the Bonds by I)TC participants will be the responsibility of such participants and other nominees of such beneficial owners. Transfers of ownership interests in the Bonds will be accomplished by book entries made by DTC and, in turn, by the DTC participants who act on behalfofthe indirect participants ofDTC and the beneficial owners of the Bonds. (iii) The City will not be rcsponsible or liable for sending transaction statements or for maintaining, supcrvising or rcviewing records maintained by DTC, its participants or persons acting through such participants or for transmitting paymcnts to, communicating with, notifying, or otherwise dealing with any bcneficial owner of the Bonds. SECTION 5. (a) CUSlP identification numbers may be printed on the Bonds, but no slleh number shall constitute a part of the contract evidenced by the particular Bond upon which it is printed; no liability shall attach to the City or any onicer or agent thereof (including any pa)~ng agent for the Bonds) by reason of such numbers or any use made thereof (including any use thereof made by the City, any such officer or any such agcnt) or by reason of any inaccuracy. error or omission with respect thercto or in such use; and any inaccuracy, error or omission with respcct to such numbcrs shall not constitutc cause for failure or rcfusal by the suceessli11 bidder or purchaser to accept dclivery of and pay for the Bonds in accordance with the tenlls of its bid. All expenses in t.onnection with the assignment and printing of CUSlP numbcrs on the Bonds shall be paid by the City; provided. however, that the CUSIP Service Bureau charge for the assigIUllent of such numbers shall be the responsibility of the successful bidder for or purchaser of the Bonds. (b) A copy of the final legal opinion with respect to the Bonds, with the name of the attorney or attorneys rendering the same, together with a certification of the City Clerk, executed by a facsimile signature of that officer, to the effect that such copy is a U1le and complete copy (except for letterhead and date) of the legal opinion which was dated as of the date of delivery of and payment for the Bonds, may be printed on the Bonds. SECTIO!,; 6. The City covenants and agrees to comply with the provisions of Sections 103 and 141-150 of the Internal Revenue Code of 1986 and the applicable Treasury Regulations promulgated thereunder throughout thc l<:nn of the Bonds. SECTlO~ 7. (a) The Bonds shall he sold at negotiated or competitive sale on such date or dates and at such price or prices as shall be determined by the City Manager and the Director of Finance. In the event it is determined that the Bonds shall be sold at competitive sale, the Director of Finance is hereby authorized to prepare or cause to be prepared a Summary Notice of Sale of the Bonds and to cause such Summary Notice of Sale to be published in The Bond Buyer. a financial journal published in the City of New York, New York, and to prepare or cause to be prepared and distributed a Preliminary Offieial Statement and a Detailed Notice of Sale relating to the Bonds. In preparing the Detailed Notice of Sale relating to the Bonds, the Director of Finance is hereby authorized to provide that bids for the purchase of the Bonds may be reeei ved by electronic bidding. The City Manager and the Director of Finance (i) are hereby authorized to determine the dated date of the Bonds of each series, the dates the Bonds of each - 5- 51629].1029719 RES series shall mature. the dates on which interest on the Bonds shall be payable, the aggregate principal amount of the Bonds of each series and the principal amount of the Bonds of each series maturing in each year and (ii), in the event it is determined that the Bonds shall be sold at competitive sale, are hereby further authorized to reccive bids for the purchase of thc Bonds of each serics and, without furthcr action of this Council, to accept thc bid offering to purchase the Bonds of each scries at the lowcst true interest cost to the City; provided. however, in no event shall thc true interest cost with rcspcct to the Bonds of any series cxcecd seven percent (7.00%). The City Manager and the Director of Finance are further authorized to fix the rates of interest to bc borne by the Bonds of each maturity of each series as spccified in the bid accepted by thcm in accordance with the immediately preceding sentence. The City Managcr and the Director of Finance are hereby authorized to determine the provisions relating to the redemption of the Bonds upon the advice of the City's financial advisor; provided, however, in no event shall any redemption premium payable by the City exceed two percent (2.00%). . (b) The Mayor is hereby authorized and directed to execute and dcliver to the purchasers of the Bonds an Official Statement of the City relating to thc Bonds, in substantially the fonn of the Preliminary Official Statement relating to thc Rands, after the same has been completed by thc insertion of the maturities, interest rates and other details of the Bonds and by making such othcr insertions, changes or con'ections as the Mayor. based on the advice of the City's financial advisors and legal counsel (including the City Attorney and Bond Counsel), deems necessary or appropriate; and this Council hereby authorizes the Official Statement and the information contained therein to be uscd by the purchasers in connection with the sale of the Bonds. The Preliminary Official Statement is "deemed final" for purposes of Rule 15c2-12 promulgated by the Securities and Exchange Commission pursuant to thc Securities Exchange Act of 1934 ("Rule 15c2-l2"). The City Manager and the Director of Finance are hereby authorized and directed to execute on bchalfofthe City and dclivcr to the purchasers a certificate in substantially the form to bc included in the Official Statemcnt under thc caption "Certificate Concerning Official Statement". (c) Thc City Manager and the Director of Finance are hercby authorized to execute and deliver to the purchasers of the Bonds a Continuing Disclosure Certificate relating to the Bonds evidencing thc City's undertaking to comply with thc continuing disclosure requirements of Paragraph (b)(S) of Rule 15c2-12 in sllch form as shall be approved by the City Manager and thc Director of Financc upon advice of counsel (including the City Attorncy and Bond Counsel). such approval to be conclusively evidcnced by their execution thereof. (d) All actions and procecdings heretofore taken by this Council, the City Managcr. the Director of Finance and the other officers, employees, agents and attorneys of and for the City in connection with the issUlUlce and sale of the Bonds are hcreby ratified and contirmed. SECTION 8. Thc Bonds. the certificate of authentication of the Registrar, and the assignment endorsed on the Bonds, shall bc in substantially thc forms set forth in Exhibit A attachcd hereto. - 6- 516291.1 029il9RES SECTION 9. General obligation public improvement bond anlicipation notes (thc "~otes") are authorized for issuance and sale by thc City Manager and the Director of Financc in anticipation of the issuance of the general obligation bonds authorized for issuance hcrcin. Such Notes shall be sold at competitive or negotiatcd sale at such price or prices and on such other tenns and conditions as shall be detennined by the City Manager and the Director of Finance. The City Manager and the Director of Finance (i) are hereby authorized to detennine the dated date of the Notes of each series, the dates the Notes of each series shall mature, the dates on which interest on the Notes shall be payable, the aggregate principal amount of the Notes of each series and the principal amount of the Notcs of each series maturing in each year and (ii) are hereby further authorized to reecive bids [or the purcha~e of the Notes of each scries if sold at compctitive sale or proposals for the purchase of the Notes of each series if sold at negotiated sale and, without further action of this Council, 10 aeccpt the bid or proposal offcring to purchase thc Kotes of each series at the lowest true interest cost to the City; provided. however, in no event shall the true interest cost with respect to the Notes of any series exceed six percent (6.00%). The City Manager and the Director of Finance arc funher authorized to lix the rates of interest to be borne by the Notcs of each maturity o[ each series as specified in the bid or proposal accepted by thcm in accordance with the immediately preceding sentence. The City Manager and the Dircctor of Finance are hereby authorized to detennine the provisions relating to the redemption of the :-.Iotes hereof upon the advic.e of the City's financial advisor; pro\'ided. however. in no event shall any redemption premium payable by the City exceed two perc.cnt (2.00%). If such Notes are offcred [or compctitive sale, a Detailed ':'Jotice of Sale or Summary Notice o[ Sale shall be prepared, published and distributed in accordance with the requirements of Section 7. If such Notes are publicly offered, there may also be prepared and distributed a Preliminary Omcial Statement and a final Onicial Statement relating to such Notes in such fonn as shall be approved by the Director of Finance. The issuance and details of such Notes shall be govcrned by the provisions of Section 15.2-2628 o[Title 15.2, Chapter 26, Artiele 2 of the Code of Virginia, 1950. The provisions of Scetions 2 and 6 shall apply to such Notes to the same extent the same apply to the Bonds except, in the case of the provisions of Section 2, only to the extent such Notes are not paid from the proceeds o[the Bonds or from any other available funds. Bonds in anticipation of whic.h such Notes are issued pursuant to this Section 9 may be issued and sold in accordance with the provisions o[ this Resolution at any time within five (5) years of the date of issuance of the first Notes issued in anticipation of such Bonds. SECTION 10. The Council hcreby authorizes the City to make expenditures for the purpose for which the Bonds arc to be issued in advance of the issuance and receipt of the proceeds of the Bonds and to reimburse such expenditures [rom the proceeds of the Bonds. The adoption of this Resolurion shall be considered an "official intent" within the meaning of Treasury Regulation Section 1.150-2 promulgated under the Internal Revenue Code of 1986. SECTION II. The City Clerk is hereby directed to file a copy of this Resolution, certified by such City Clerk to be a true copy hereof, with the Circuit Court of the City of Roanoke, Virginia, all in accordance with Section 15.2-2607 of the Code of Virginia, 1950. SECTION 12. All ordinances, resolutions and proceedings in conflict herewith arc, to the extent of such conflict, repealed. - 7- 51629t.1 0297t9 RES EXHIBIT A UNITED STATES O}' AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND SERIES REGISTERED REGISTERED $ No. R- MATURITY DATE: [!'iTEREST RATE: DATE OF BO:'ol)): CUSIP NO.: REGISTERED OWNER: CEDE & CO. PRII'iCIPAL SUM: DOLLARS K};'OW ALL MEN BY THESE PRESENTS, that the City of Roanoke, in the Commonwealth of Virginia (the "City"), for value received, acknowledges itself indebted and hcreby promises to pay to the Registered Owner (named above), or registered assigns, on the Maturity Date (specified above) (wlless this Bond shall be subject to prior redemption and shall have been duly ealled for previous redemption and payment of the redemption priee duly made or provided for), the Principal Sum (specified above), and to pay interest on such Principal Sum OIl and semiannually on each and thereafter (each such date is hereinafter referred to as an "interest payment date"), from the date hereof or from the interest payment date next preceding the date of authentication hereof to which interest shall have been paid, unless such date of authentication is an interest payment dale, in which case from such interest payment date, or unless such date of authentication is within the period from the sixlt,enth (16th) day 10 the last day of the calendar month next preceding the following interest payment date, in whieh case from such following interest payment date, such interest to be paid until the maturity or redemption hereof at the Interest Rate (specified above) per annum, by eheek mailcd by the Paying Agent hereinafter mentioned to the Registered Owncr in whose name this Bond is registered upon the books of registry, as of the close of business on the fifteenth (15th) day (whether or not a business day) of the calendar month next preceding each interest payment date; provided, however, that so long as this Hond is in book-entry only form and registered in the name of Cede & Co., as nominee of The Depository Trust Company C'DTC"). or in the name of such other nominee of OTC a~ may be requested by an authorized representative of DTC, interest on this Bond shall be paid directly to Cede & Co, or such other nominee of DTC by wire transfer. Interest on this Bond shall be calculated on the basis of a A-I 51~29J.J 029719 REs three hundred and sixty (360) day year comprised of twelve (12) thirty (30) day months. The principal of and premiwn, if any, on this Bond are payable on presentation and surrender hereol; at the office of , as the Registrar and Paying Agent, in the City of moo _____, __ . Principal of and premium, if any, and interest on this Bond arc payable in any coin or currency of the United States of America which, on the respective dates of payment thereof, shall be legal tender for public and private debts. This Bond is one of an issue of Bonds of like date, denomination and tenor except as to number, interest rate and maturity, which is issued for the purpose of providing funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public parking facilities of and for the City, under and pursuant to and in full compliance with the Constitution and stallltes of thc Commonwealth of Virginia, including Chapter 26 of Tille 15.2 of the Code of Virginia, 1950 (the same being the Public Finance Act of 1991), and resolutions and other proceedings of the Council of the City duly adopted and taken under the Public Finance Act of 1991, The Bonds of the issue of whieh this Bond is one (or portions thereof in installments of$5,000) maturing on and after ____ are subject to redemption at the option of the City prior to their stated maturities, on or aller in whole or in part from time to time on any date, in such order as may be detennined by the City (except that if at any time less than all of the BO:lds of a given nwlurity are called for redemption, the particular Bonds or portions thereof in installments of $5,000 of such maturity to be redeemed shall be selected by lot), upon payment of the following redemption prices (expressed as a pcreentage of the principal amount of the Bonds to be redeemed), together with the interest accrued thereon to the date fixed for the redemption thereof: Redemption Dates (Both Dates Inclusive) Redemption Prices (Perc-enta(),es of Principal Amount) to to _oo_____,_ and thereafter ~/o If this Bond is redeemable and this Bond (or any portion of the principal amount hereof in installments of $5,000) shall be called for redemption, notice of the redemption hereof, specifying the date, number and maturity of this Bond, the date and place or places fixed for its redemption, the premi urn, if any, payable upon such redemption, and if less than the entire principal amount of this Bond is to be redeemed, that this Bond must be surrendered in exchange for the principal amount hereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion of the principal amount hereof nol to be redeemed, shall be mailed not less than thiny (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the Registered Owner hereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty-fifth (45th) day next preceding the date fixed for redemption_ If notice of the redemption of this Bond (or the portion of the principal amount hereof to be redeemed) shall have becn given as aforesaid, and payment of the principal A-2 516291.1 029719 R~S amount of this Bond (or the portion of the principal amount hereof to be redeemed) and of the accmed interest and premium, if any, payable upon such redemption shall have been duly made or provided for, interest hcreon shall cease to accrue from and alier the date so specified for thc redemption hereof. Subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the issue of which this Bond is one, this Bond may be exchanged at the office of the Registrar for a like aggregatc principal amount of Bonds of other authorized principal amounts and of the same issuc, interest rate and maturity. This Bond is transfcrable by the Registered Owner hereof, in person or by his aHomey duly authorized in writing, on the books of registry kept by the Registrar for such purpose at the office of the Regislrar but only in thc manner, subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one, and upon the surrender hereof for cancellation. Upon such transfer a new Bond or Bonds of authorized denominations and of the same agh'J'egate principal amount, issue, interest rate and maturity as the Bond surrendered, will bc issued to the transferee in exchange herefor. This Bond shall not bc valid or obligatory unless the certificate of authentication hereon shall have been manually signed hy the Registrar. The lilll faith and credit of the City are irrevocably pledged to the punctual payment of the principal of and premium, if any, and intercst on this Bond as the same become due. In each year while this Bond is outstanding and unpaid, thc Council of the City shall be authorized and required to levy and collect annually, at the same time and in the same marmcr as llthcr taxes of thc City are assessed, levied and collected, a tax up,)n all property within the City. over and above all other laxcs, authorized or limited by law and without limitation as to rate or amount, sufficient to pay the principal of and premiwn, if any, and interest on this Bond to the extent other funds of the City are not lawfully available and appropriated for such purpose. It is certified, recited and declared that all acts, conditions and things required to exist, happen or be performed precedent to and in the issuance of this Bond do exist, have happened and have been performed in due time, form and manner as required by law, and that the amount of this Bond, together with all other indebtedness of the City docs not exceed any limitation of indebtedness prescribed by the Constitution or slalules of the Commonwealth of Virginia or the Charter of the City. A-3 516291.1 02Y719 ReS IN WITNESS WHEREOF, the City has caused this Bond to be executed by the manual or facsimile signature of its Mayor; a facsimile of the corporate seal of the City to be imprinted hereon attested by the manual or facsimile signature of its City Clerk; and this Bond to he dated as of the day of_____ ,200_, CITY OF ROANOKE, VIRGINIA [SEAL] Mayor Attest: City Clerk CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds delivered pursuant to the within-mentioned proceedings, _ _ _J, as Rcgistrar By: Authorized Signatory Date of Authentication: A-4 516291.1 029719 RES ASSIG]\'MENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(sl UOlO (Please print or type name and address, including postal zip code of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER TAX IDENTlFYI:-.IG NUMBER OF TRANSFEREE: L__ Dated: Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a member firm of The New York Stock Exchange, Inc. or a commercial bank or trust company. (Signaturc of Registered Owner) KOTleE: The signature above must correspond with the name of the Registered Owner as it appears on the face of this Bond in every particular, without alteration, enlargement or any change whatsoever. A-5 516291.1 029719 RES CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 ChurL'll A\"cnul'. S. \V.. Room 45() Roanoke. Virginia 24011-1536 Telepholle: (5-l-011oi5J 25.\1 Fax" (j,Wl ~53 1145 E-lIIail: ;:krklg:roanCl)..l:\"a.gov SIIFlL.-\ 1\. H.-\RT\fAi\ A~.~I.~lanl Cily Ckrk STEPH.-\i\IE M. MOO:\'. C\IC CilyCk'rk February 23, 2007 File #24 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 37691-022007 authorizing proper City officials to execute a Comprehensive Agreement, pursuant to the Public Private Education Facilities and Infrastructure Act of 2002, between the City of Roanoke and Donley's LLC that provides for Donley's to do the complete design and construction of a new City parking garage in the 300 block of Campbell Avenue, S. W., and authorizing the City Manager to implement, administer, and enforce such Agreement. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Tuesday, February 20, 2007, and is in full force and effect upon it passage. Sincerely, -A~"~~ m. ~~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget R. Brian Townsend, Acting Assistant City Manager for Community Development Robert K. Bengtson, P.E., Director of Public Works Deborah J. Moses, Hotel Roanoke Conference Center Director Philip C. Schirmer, P.E., L.S., City Engineer ~I.I Jd' IN THE COUNCIL OF niE CITY OF ROAKOKE, VTRGiL"lIA The 20th day of February, 2007. No. 37691-022007. AN ORDiNANCE authorizing the proper City officials to cxecute a Comprehensivc Agreemcnt, pursuant to the Public Private Education Facilities and Infrastructure Act of 2002 (PPEA), betwecn the City of Roanokc (City) and Donley's LLC (Donley's) that provides for Donley's to do the complete dcsign and construction of a new City parking garage in the 300 block of Campbell Avenuc, S. W.; approving thc telms of such Agreemcnt; amhorizing the City Managcrto implemcnt, administer, and enforce such Agrecmcnt; and dispensing with the sccond reading by title of this ordinance. \VHEREAS, the City requcsted proposals under thc PPEA for thc design and construclion of a ncw City parking garagc in thc 300 block ofCampbcll Avenuc, S.W.; WHEREAS, the City rcceived two proposals and City staff evaluated such proposals; WHEREAS, City staff has ddcrmined that the proposal from Donley's was the most responsive and that it would be in the City's best interest to accept such proposal, all as more fully set forth in the City Manager's February 20. 2007, letter to Council; WHEREAS, City staff has negotiated a Comprehensive Agreement with Donley's for the above described work for a guaranteed maximum price of 55,985,000.00, subject to certain allowances; and WHEREAS, City staff recommends that Council approve the terms of the Comprehensive Agreement and authorize the City Manager to implement, administer, and enforce such an Agreement. 1 THEREFORE, BE IT ORDAINED hy thc Council of the City of Roanoke as follows: I. City Council hereby approvcs the tcrms of the Comprehensive Agreement between the City and Donley's as sct forth in the attachment to thc City Manager's letter to Cow1cil dated February 20,2007, which provides for Donley's to do the complde design and construction of the ncw City parking garage in the 300 block of Campbell Avenuc, S. W., for a guaranteed maximum pricc of 55,985,000.00, subject to certain allowances as set forth in such Agreemcnt. 2. The City Manager and the City Clerk are authorizcd to execute. and attest, respectively, a Comprehcnsive Af,'Teemcnt betwcenthe City and Donley's, upon certain terms and conditions as set forth in the City Manager's Ictter to Council dated February 20, 2007. The Comprehcnsive AgTecment shall bc subslantially similar to the one attached to the City Manager's letter to Council and in a fom1 approvcd by the City Attorney. 3. The City Manager is further authorizcd to take such actions and execute such documents as may bc necessary to implement, administer, and enforce such Comprehensive Agreement, including any changes to thc price, subject to thc amount offunds appropriated and the provisions of the City Chartcr, and/or time ofperfomuUlce. 4. Pursuant to the provisions of Section 12 ofthe City Charter, the second reading ofthis ordinance by title is hereby dispensed with. ATTEST: h1.~ City Clerk. 2 .""Vi~\~J.:I':," ., ".",.,.. . '.f "'" ()II'" '. '. ~ .i,j)) \ ~. . ~>>~\:.~. ,I!? ," ~/ ", .i':~:1f..~.,_<~>" CITY OF ROANOKE OFFICE OF THE CITY MANAGER '\Joel C. T.wlor :VluniLif'.lllluilding 21~ ("hur-eh /\\'l'll11l', S.\V., RI..h1Ill 36-l I<O~1I10kl', Virgini" ::!-J.0"11-1591 I ..'h.'PhllllL': (:;~ll1 '''::"'.~-:2:~.\.\ r.l\: (:';.111) -"3.1-11.,.... Cil.\" \\\'l': \\\,"\\",nl,llll'''l'\"d MI1\" February 20, 2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Public Hearing on the Issuance of General Obligation Bonds for Public Parking Facilities and Authorization of an Agreement with Donley's LLC for the Design and Construction of a Public Parking Garage on Campbell Avenue Background: A Request for Proposals under the Public Private Education Facilities and Infrastructure Act of 2002 (PPEA) for the design and construction of a Public Parking Garage for the City was issued October 10, 2005, (RFP No. 05-10-02). Responses to that RFP were received on November 18, 2005. Two proposals were received, one from Donley's LLC and the other from Shockey, LLC. Subsequently, Detailed Phase Proposals were requested from both entities by a letter dated July 14, 2006. The City received two (2) Detailed Phase Proposals on September 22, 2006, one from each entity. On November 9, 2006, after careful evaluation of the proposals, the Donley's LLC proposal was determined to be in the best interest of the City. It was the most responsive to the City's needs and budget as expressed by the RFP and associated amendments. City staff has negotiated a comprehensive agreement with Donley's LLC for the complete design and construction of a new parking garage in the 300 block of The Honorable Mayor and Members of City Council February 20. 2007 Page 2 of 3 Campbell Avenue, SW. A copy of the draft agreement is attached to this letter. The garage will provide approximately 350 full size public parking spaces. The guaranteed maximum price stipulated in the agreement for the completed garage is $5,985,000, subject to certain allowances for a parking booth, landscaping, signage, testing, utility relocations, and unknown subsurface items. The time period for the project is approximately 16 months. Land acquisition, surveying and engineering costs incurred to date are approximately $576,000. Funding of approximately $664,000 will be needed for miscellaneous project expenses including; project management, advertising, prints, testing services, project contingency and unforeseen project expenses. Therefore, the total anticipated cost of the project will be $7,225,000. This is consistent with the budget as included in the City's FY 07-11 Capital Improvement Program (ClP). In providing the required funding for the project of $7,225,000, $4,625,000 has previously been appropriated to project accounts (07-540-8256 and 07- 540-8252). As provided in the adopted CIP, the remainder of the project funding is to be provided by a general obligation bond issue of $2.6 million. Recommended Actions: Hold a public hearing at Council's regular 7:00 p.m. meeting on February 20, 2007, on the issuance of general obligation public bonds in the amount of $2.6 million. Following the public hearing, adopt the accompanying resolution authorizing issuance of bonds in the amount of $2.6 million for public parking facilities. This resolution shall include language declaring the City's intent to reimburse itself from the proceeds of these bonds. Adopt the accompanying budget ordinance to appropriate in advance of issuance $2.6 million of Series 2008 bond funding to the Campbell Avenue Parking Garage account (07-540-8252). Approve the terms of the draft comprehensive agreement with Donley's LLC for the above-described work. Authorize the City Manager to execute a Comprehensive Agreement with Donley's LLC for the above-described work for the guaranteed maximum price of $5,985,000, subject to certain allowances as noted above, in a form substantially similar to the one attached to this letter, with the form of such agreement to be approved by the City Attorney. The Honorable Mayor and Members of City Council February 20, 2007 Page 3 of 3 Authorize the City Manager to take such actions and execute such documents as necessary to implement, administer, and enforce such Comprehensive Agreement, including any changes to the price, subject to the amount of funds appropriated, and/or time of performance. Respectfully submitted, Darlene L. Bur City Manager DLB/PCS/dps Attachments c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Robert K. Bengtson, P.E., Director of Public Works Deborah J. Moses, Hotel Roanoke Conference Center Director Sherman M. Stovall, Director of Management & Budget Philip C. Schirmer, P.E., L.S., City Engineer R. Brian Townsend, Acting Asst. City Manager for Community Dev. CM07-00020 The Roanoke Tilncs Roanoke, Virginia Affidavit of Publication The Roanoke Times ----------- - - -- -- - - - - --- - - - ------ - - ----- - - - -------+--- - - ----- - - ----- - - ----- MARY F. PARKER CITY OF ROANOKE CLERK'S OFFICE 215 CHURCH AVE SW RM 456 NOEL C. TAYLOR MUNICIPAL BLDG. ROANOKE VA 24011 NonCE OF PIIBUC HEARING REFERENCE: 32143302 10086294 NOTICE OF PUBLIC HEA NOTICE IS HEREBY GIVEN. . pUrsuant to Section: 15.2-2606.A of the Code 01' Virginia, 1950. that the Council of tho City ofl Roanoke. VirgInia (the 'Clty.). will hold a public. hearing on Tuesday, February 20.2007, at 7:00 P.M.. 10calUms. or os soon lhereafterasthemaltermay be heard, in the Council Chamber, Noel C. Taylor Municipal Building. 215 Church Avenue. S.W..' Roanoke. Virginia 24011, I with respect 10 lho proposed adoption by the Council of a resolution authorizing thel Clly to contract a debt and Issue general obligation .publicimprovementbondsof, lhe City (and In anticipation of the Issuance of any such bonds 10 issue generall' obligation public Improvement bond anticipation notes of the CitYllntheprlnclpalamount. of $2.600,000 for thel purpose of providing funds to pay the costs of the acquisition. construction, reconstruction, Improve- ment. extension. enlargement and equipping' of various public parking lacllltl~ofandfortheClly. The members of thel public are invited to attend' the public hearing and tol' appear and present their views on the proposed resolullon. II you are a person wIth a disability who needs accommodations for thIs public heoring, please contact the City Clerk's OffIce at (540) 853-2541. by Thursday. February 15, 2007. The full text of the proposed resolution Is on file In the office of the City Clerk. INoel C. Taylor Municipal Building, Room 456. 215 Church Avenue, S.W., Roanoke. VIrginia 24011. Dated: February 6. 2007 ~'. StephanIe M. Moon CltyCrerk City of Roanoke, VIrginia (10086294) State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publiiher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates, City/County of Roanoke, Commonwealth/State of Vis~~nia. Sworn and subscribed before me this _l~__day of February 2007. Witness my hand fP1 .o~ficial sea~ ~lcilli91_:... '!I~47i..~7?WR*arv Public My com&r~sion ex res _~~~_~~_QSQ?!___. \. . 1:- I " ,. ;PUBLISHED OU: 02/06 02/13 , , ,. " ,'. r\.' TOTAL COST: FILED ON: 421.92 02/15/07 --------------+------------------------ Authorized Signature:_____ Billing Services Representative ,:-:' ~ ,-, .- I"l ~ ,.0:::"', ~ -n rn 0:1 .-" 0", .." :::a: "S' fi.J en >->. ~~ o ,/ NOTICE OF PUBLIC HEARII\G NOTICE IS HEREBY GIVEN, pursuant to Section 15.2-2606.A of the Code of Virginia, 1950, that the Council of the City of Roanoke. Virginia (tile "City"), will hold a public hearing on Tuesday, February 20, 2007, at 7:00 P.M., local time, or as soon thereafter as the matter may bc heard, in the Council Chamber. Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke. Virginia 24011. with respect to the proposed adoption by the Council of a rcsolution authorizing the City to contract a debt and issuc gcneral obligation public improvcment bonds of the City (and in anticipation of the issuance of any such bonds to issue general obligation public improvement bond anticipation 1ll1leS of the City) in the principal amount of $2,600,000 for the purpose of providing funds to pay the costs of the acquisition, t'onstruction, reconstruction, improvemcnt, extension. enlargement and equipping of various public parking facilitics of and for thc City. The mcmbers of the public are invited to attend the public hearing and to appear and present their views on the proposed resolution. If you arc a person with a disability who needs accommodations for this public hearing. please contact the City Clerk's Office at (540) 853-2541, by Thursday. February IS, 2007. The full text of the proposed rcsolution is on file in the office of the City Clerk, Nllc! C. Taylor Municipal Building, Room 456, 215 Church Avenue, S.W., Roanoke, Virginia 241)11. Dated: February 6. 2007 STEPHANIE M. MOON City Clerk City of Roanoke, Virginia 1'10 BE PUBLISHED ON TUESDAY. FEBRUARY 6, 2007, Al\D TUESDAY, FEBRUARY 13, 2007J '. 516255.2 029719 NTC Notiee to Publisher: Publish in the Roanoke Times onee on Tuesday, February G, 2007 and Tuesday, February 13,2007. Send bill and anidavil 10: Stephanie M. Moon, City Clerk 215 Church Avenue, S. W. Roanoke. Virginia 24011 (540) 853-2541 oIln?0'~\ ~.i./it.~~ ,. ~'. .t..i.. .%". ". ~DI>> . CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church /\ \"l~nllt'. S. \V., ROClIT! -1-5A Rt.lal1uk~. Virginia 2-WII-153fJ 1\'kphtlne: 1).IUj 853-25";1 Fax: 15::01 X5)-II.~5 E-mail: LI...:rklll"fl1;Ul\lkt:\"a.gm. SIIEII.,\ f". HARnlAS A:-.si:.l:Jnl Cit}' Ckrk STEI'IL.\f"IE ~1. \lI.l0K ole Cily Ckrk February 26, 2007 File #24 Henry Scholz, Chair City Planning Commission 1326 Grandin Road, S. W. Roanoke, Virginia 2401 5 Dear Mr. Scholz: A proposal of the City of Roanoke to amend Chapter 36.2, Zoninq. of the City Code, in order to disallow electronic readerboard signs in the CG, Commercial- General District, was before the Council of the City of Roanoke at its regular meeting held on Tuesday, February 20, 2007. On motion, duly seconded and adopted, the matter was referred back to the City Planning Commission and City Staff for further input. Sincerely, ~rr,.~ Stephanie M. Moon, CMC City Clerk SMM:ew pc: Darlene L. Burcham, City Manager Susan S. Lower, Director, Real Estate Valuation Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney CITY OF ROAl\OKE PLA:'ol:'olING BUILDING & ECOI\OMlC DEVELOPMENT lI5 Chllrch A\'Clllle. S.W.. I{oom 1M, RO:'UlOkl'. Yir:.:inia 24011 Td,'phlllle: (540) 853-1730 I'll" (540l853-I130 F.-mail: planninwa.roi.lIlokl.va.gOy \rchill'l'IIII;lllh',il'" nll:lld 11..:1111 l,fl.llllilll.:.\Jlfll.:tb 1'1:lIl11in:..:(ummi"jllll February 20, 2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Mayor Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wish neff, Council Member Dear Mayor Harris and Members of City Council: Subject: Request from the City of Roanoke Planning Commission to amend Table 668-1, Types and Number of On-Premises Signs Permitted by Zoning Districts, of Section 36.2-668, Types and number of on-premises signs, Zoning, Code of the City of Roanoke (1979), as amended, to disallow electronic readerboard signs in the CG. Commercial-General District. Planning Commission Action: Planning Commission public hearing was held on Thursday, December 21,2006. A number of persons spoke during the public hearing and their comments are summarized in this report. After public hearing the Commission recommended that City Council approve the requested amendment. by a vote of 4-2 (Messrs. Manetta, Scholz and Williams and Ms. Prince voting in favor; Messrs. Chrisman and Rife voting against: and Mr. Butler absent). Background: This matter was initiated by motion of the Planning Commission on November 16, 2006, to amend the zoning ordinance to disallow electronic readerboards in the CG, Commercial-General District. Prior to the adoption of the current zoning ordinance on December 5, 2005, the sign regulations of the former zoning ordinance did not differentiate between electronic readerboards and any other type of sign or sign characteristic. Under the former Code, an electronic readerboard was simply a sign, subject to the freestanding and wall-mounted sign regulations of each zoning district. The current Code specifically defines and regulates electronic readerboards, supplemental to the freestanding and building-mounted sign regulations for each zoning district. Current Code permits electronic readerboards in the Commercial- General District (CG), Commercial-Large Site District (CLS), Institutional Planned Unit Development District (INPUD), and Industrial Planned Unit Development District (IPUD). Where permitted, any electronic readerboard is required to be an integral part of a static sign display and to constitute no more than 40 percent of the total sign area of which it is an integral part. The permitted frequency of change of copy is no more frequent than once every six seconds. In the CG District, there is an additional requirement that no electronic readerboard may exceed 22 square feet. The history of the current zoning ordinance, as it pertains specifically to electronic readerboards, is as follows: . The draft submitted by the Steering Committee, which became the Planning Commission public hearing draft, prohibited electronic readerboards in all zoning districts. . The City Council public hearing document, as recommended by the Planning Commission, permitted electronic readerboards in the larger site zoning districts, specifically the CLS, INPUD, and IPUD Districts, subject to being part of a static sign display, a size limitation of 40% of the overall sign display, and a minimum 6-second frequency of change of copy. . In response to public comment heard at City Council's public hearing, staff prepared a revision, subsequently adopted by the City Council with its adoption of the zoning ordinance on December 5, 2005, to permit electronic readerboards in the CG, Commercial-General District, subject to the same limitations of electronic readerboards in the CLS, INPUD, and IPUD Districts, and further restricted to a maximum size of 22 square feet. . The recent package of amendments to the zoning ordinance, adopted by the City Council on November 20, 2006, included an amendment which clarified the requirement that electronic readerboards, where permitted, be part of a static sign display. The newly adopted amendment requires that electronic readerboards be an "integral" part of a static sign display. Effect of proposed text amendment: The proposed text amendment will not have any retroactive application or any impact on existing. legally established electronic readerboards in the CG District, which will be "grandfathered" as provided by law. ~ Considerations: The proposed amendment disallows electronic readerboards in the CG, Commercial-General District. Electronic readerboards would continue to be permitted in the Commercial-Large Site District (CLS), Institutional Planned Unit Development District (INPUD), and Industrial Planned Unit Development District (IPUD), subject to the relationship to static sign display and frequency of change of copy requirements. One factor to consider in evaluating the potential for numbers of electronic readerboards is lot frontage and lot area. The minimum dimensional requirements in the zoning districts which currently permit electronic readerboards are as follows: . CG District: 100 feet of lot frontage; 10,000 square feet of lot area; . CLS District: 150 feet of lot frontage; 90,000 square feet of lot area; . INPUD: Areas delineated as INPUD are required to consist of at least two acres; and . IPUD: Areas delineated as IPUD are required to consist of at least five acres. If the issue within the CG District is one of potential proliferation of electronic readerboards, due to a pattern of smaller lots, a study of the sign regulations of other jurisdictions provide other regulatory concepts, as follows, which might be considered: . City of Lynchburg permits readerboards in its General Commercial District. These signs are required to abut or connect with a static sign face, and the maximum combined area of the static sign face and readerboard is 66 square feet, with the readerboard not to exceed 22 square feet. In this application, the total sign area of the static sign face and the readerboard is capped at 66 square feet. . City of Norfolk requires a special exception for "electronic changeable copy signs" in both commercial and industrial districts. This regulatory concept would require the establishment of a set of standards by which the Board of Zoning Appeals would determine the appropriateness of the application, supplemental to the six standards for consideration of any special exception request. The Board of Zoning Appeals is authorized to impose conditions relating to the use for which any special exception is granted as it may deem necessary in the public interest. . Roanoke County, Charlottesville, Bedford County, and Blacksburg require a minimum linear footage of lot frontage for the placement of any freestanding sign. These requirements range from the minimum required lot frontage of the applicable zoning district to a specified lot , .' frontage. This same regulatory concept could be applied to electronic readerboards. . Certain out-of-state jurisdictions count the size of electronic readerboards as "double" in the calculation of the total sign area provided (a 22 square foot readerboard would be calculated as 44 square feet in the calculation of total sign area permitted). Vision 2001-2020 sets forth the following policies regarding signage: . City Design: Design Principles/Local commercial centers and Regional commercial centers: Visual clutter and excessive lighting should be discouraged. Signs should be consolidated and attractively designed. . City Design: Design Principles/Commercial corridors: Visual clutter and excessive lighting should be discouraged. Signs should be attractively designed and co-located on single displays or monuments. . City Design/Trees, Signs, and Lighting: Signs (public and private) should be limited in number and scaled in size to minimize visual clutter. Staff's report to the Commission recommended several alternative regulatory tools which may address the proliferation or visual clutter of readerboard signs in the CG District. Such tools could include establishing a minimum lot frontage, maximum height, or maximum sign area, or specifying the arrangement of readerboard in relation to the static sign. The Commission discussed the City's inability to regulate the intensity of lighting-one of the issues with readerboard signs-noting that such enabling legislative authority is given to counties but not to cities in Virginia. Commissioners cited concerns about the rapid proliferation of readerboard signs in the City. Some are very bright and create glare to the extent they become safety hazards by distracting motorists. The Commission received a letter from the Roanoke Business Group, which felt that electronic message boards have many advantages over traditional manually- changed message boards. Representatives of two sign companies, Ed Armentrout and Kevin Booker, spoke in opposition to the amendment, citing many benefits to readerboard signs. Beth Doughty, representing the Roanoke Regional Chamber of Commerce, opposed the amendment but advocated reasonable controls on readerboard signs. -I Mike Pace spoke in opposition to the amendment, citing concerns about whether the amendment was in the public interest, and concerns about the impact on economic development in the region. Robert Richert spoke in favor of the amendment. citing distraction of motorists and concerns about proliferation. Recommendation: Bya vote of 4-2, the Planning Commission recommended that City Council approve the amendment to disallow electronic readerboards in the CG, Commercial-General District. Respectfully submitted, Qw t.'1(U~ Ci. [lj.D Richard A. Rife, Chairman City Planning Commission cc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Steven J. 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E U ~ ~ u C A .2:. ~ W ""' ~ >. >. t'l " ::s'c;J ~ c ~ C t3..... ~ c c ~ I 0" E" =- ::; ~:::- ~ ~:;- ~ :: 'r;; Ii ~ ~ 'll " .~ u "- C " . .~ ~ ~ ::; v ~ v -~ is c :0 '" ~ '" u oS ~ o ... > E <- <- . v oS 'C '8 " f 8 . ~ c @ ;" v ." 1: ~G ROANOKE BUSINESS GROUP December 18,2006 City Planning Commission City of Roanoke - Room 166 215 Church Avenue Roanoke VA 240 II To: Roanoke Planning Commission: The Roanoke Business Group has reviewed the Noticc of Public Hearing to amend Table 668-1, Types and Number of On-Premises Signs Permitted by Zoning Districts, of Section 36.2-668, to prohibit electronic message signs in the CG~ Commercial General District. \ The RBG believes this prohibition is uncalled for. Electronic signs are in widespread use throughout the United States. They are widely recognized as an effective mechanism for communication. Even VDOT has replaced non-electronic message boards on interstate highways with electronic message boards. Electronic message boards (EMBs) have many advantages ovenraditional, manually-changeable message boards. These include: J. Speed of response: Messages on EMBs can be changed quickly as they are changed remotely from a conlputer, rather than by workers on ladders or in bucket trucks. They are also safer to change.- 2. Safety: The Federal Highway Administration in a report Safety and Environmental Design Considerations in the Use of Commercial Electronic Variable-Message Signs concluded that EMBs are as safe, or safer, than manually-changeable message boards and do not denigrate traffic flow or safety. The rate at which messages can be changed is regulated by the VDOT and the City of Roanoke. 3. - Flexibility: Manual readerboards with changeable letters are not changed very often, bccause it is difficult to do so, and thcrefore mcssages can be out-of-date. 4. Size: EMBs are usually smaller than traditional, manually-changeable readerboards because it is possible to show the same message in less space. Many companies have replaced their traditional, manually-changeable readerboards with EMBs. These companies include CVS/Pharmacy, Walgreens, chain rcstaurants and automobile dealers. These companies have detennined that business is enhanced by this new form of communication with the public. It is in the City of Roanoke's interest that businesses flourish, because the City benefits from their sales taxes, increased property values and neighborhood vitality. Our business organization sees this regulatory action to be illogical and unduly restrictive. Sincerely, ~ Bill Tanger Chair Rbg-zonhcar-electronic signs-12-06 , 29 THURSTON AVENUE NE, ROANOKE VA 24012 . TEL.. 540-7'77.' 020 F'AX 540-7"77-1021 ., . . ~ Budget Signs 3 I 22 Williamson Road Roanoke,' VA 24012 TEL (540) 362-2043 FAX (540) 265-1909 ..xh"bud~~t...i!!nsJ Ie .Cl}n~ ". :1, ~~~~~> .~;; ~ .-~~~~~~~(~~~~Ji~~?~~I~fi~lli~i:~W~~~~~ft~~1i~~J.\ December 14, 2006. City Planning Commission c/o Department ofPlanniqg, Building and Development City of Roanoke Room 166 2] 5 Church A venue Roanoke, V A 240] ] RE: Proposed Amendment to the Zoning Ordinance To Disallow E]ectronic Readerboard Signs Dear Sir/Madam: This letter is v'Iritten in response to the Notice of Public Hearing to amend Table 668-1, Types and Nwnber of On-Prcmises Signs Permitted by Zoning Districts, of Section 36.2- 668, Types and nwnber of on-prcmises signs, Zoning, Code of the City of Roanoke (] 979), as amended, to disallow electronic readerboard signs in the CG, CommerciaJ General District. I am not sure why the City Planning Commission is considering prohibiting electronic message boards in CG districts. This seems like yet another time-wasting effort to address a problem which does not exist. The efficacy of electronic message boards is proven. These signs are in widesptead use throughout the nation, State of Virginia and City of Roanoke. They are widely recognized as a valuable mechanism for effective communication with the public. Even the State Department of Transportation has replaced static message boards on interstate highways with electronic message boards. Electronic message boards (EMBs) have many advantages over traditional, manually- changeable rcadcrboards. These include: ]. In an urhan setting where a sense of visual vitality and excitement is desired, animated or static EMBs provide much more of this excitemcnt and vitality than traditional, manually-changeable readerboards j Proposed Amendment to the Zoning Ordinance To Disallow Electronic Readerhoard Signs December 14,2006 . Page 2 2. Message on EMBs are changed remotely from a computer, rather than by workers on ladders or in bucket trucks. Therefore, they are much safer to change and the messagc is changed much more often, providirig more vitality to the sign. 3. The Federal Highway Administration in a report entitled Safety and Environmental Design Considerations in the U\'e of Commercial Electronic Variable-Message Signs concluded that EMBs are as safe, or safer, than manually-changeable messagc boards and do not denigrate traffic flow or safety. The rate at which messages can be changed is regulated by the Virginia Department of Transportation and the City of Roanoke. 4~ Manual readerboards with changeable letters are usually ugly. Letters frequently . are missirig orinismatched. Signs are not changed very often, because it is difficult to do so. And vandals often rearrange letters to spell obscene messages. 5. EMBs are usually smaller than the traditional, manually-changeable readcrboards they rcplace, because it is possible to show the same messagc in less space with grcater visibility. Many local and national companies have rcplaced their traditional, manually-changeable readerboards with EMBs. Thcsc companies include CVS/Phannacy, Walgreens, many chain restaurants and many automobile dcalers. In each case, they have determined that . business is enhanced by these ncw forms of communication with the public. It is in the City ofRoanokc's intcrcst that businesses locatcd in the City flourish, bccause the City benefits from their profitability in sales taxes, increa~ed property values and increased vitality in the areas in which these businesses are located. This initiative is viewed with suspicion by the businesspeople with whom I have spoken who may be affected by it. Many businesspeople already view the City of Roanoke as the least desirable place in the region to do business, because of what they perceive to be illogical and unduly restrictive zoning and permitting requirements. To further regulate businesses with no apparent rationale would only reinforce this perception. Sincerely, Edmund H. Armentrout President Ce: Members of the Roanoke Business Committee . . 1.... ~J Mr. Richard Rife Chainnan Roanoke City Planning Commission Room 166 215 Church Avenue, S W Roanoke, VA 24011 ROANOKE REGIONAL CHAMBER OF COMMERCE December 21, 2006 " Dear Chainnan and Members of the Commission: Subject: Item 6. F. On-Prcmises Signs Pcrmitted in Gcneral Commcrcial Districts The Roanoke Regional Chamber has heard from several members who are concerned. about the Planning Commission's intent to no longer allow electronic readerboard/message signs in commercial districts,. Of our 1400 business members, conservatively more than half would be affected by such a decision often in multiple locations. After discussion with the Chamber's Executive Committee, I was asked to bring thc following concerns to your attention: I) Electronic readerboard signs are useful and functional. In fact, their highest utility is in commercial districts. Their proliferation is evidence of their value as promotional tools that generate sales and inherent tax revenue to the City of Roanoke. ~ '-,- 2) They are easier and safer to use than static letter boards for business owners because oflhe ability to program mcssages without changing letters by hand. 3) They are easier to read by passcrs-by. 4) These boards require less space than fixed or mobile static message boards with the added bcnefit of offering multiple messages. ' 5) Eliminating electronic signs will hUI1 three groups: a) businesses that use them to spur commerce; b) consumers who rely on these boards to get valuable infonnation; and c) businesses that trade in eleclronic sign sales and maintenance. -~ -~ newva 2' 2 S. JEFFERSON 5" REI!:'" RO....NOKI:, VA 24011-1702 (SAC) 983-0700 FA.X (540) 98:3-0723 business@roanokechamber,org WWW.ROANOKECHAMBER.ORG . December 21, 2006 , Richard Rife Page 2 " Rather than wholesale elimination in the district most likely to, utilize and benefit from such signage, I suggest there are ways to make electronic readerboards compatible vvith their environmcnt. We encourage the Planning Commission to continue the use of electronic readerboards and support rcasonable controls. We apprcciate the work of0e Planning Commission and thank you for your considcration of our position. SinC,)y, n 1- ~~ President & CEO c: Mcmbers of the Planning Commission Planning, Building & Economic Development Deparlment City Manager Members of City Council The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times - - - - - - ---- - - - ----- - - --- - - - - - -----+------------- - ---- - - ---- MARY F. PARKER CITY OF ROANOKE CLERK'S OFFICE 215 CHURCH AVE SW RM 456 NOEL C. TAYLOR MUNICIPAL BLDG. ROANOKE VA 24011 REFERENCE, 32143302 10059023 NOTICE OF PUBLIC HEA NOTICE OF PUBLIC HEARING The Council of the City of Roanoke Will hold a public hearing on Tuesday, February 20. 2007. at 7;00 p.m.. or liS soon there<lfter DS the matter may be hCDrd. in the Council Chamber. lourth Iloor. In the Noel C. Taylor Municipal Building. 215 Church Avenue. S.W., Roanoke. Virginia, 10 consider the following: Request from theCityo( R oa n 0 ke P I ann I n g Commission to amend Table 668-1, Types and Number of On.Premlses Signs Permitted by Zoning Districts. 01 Section 36.2-668. Types and number 01 on.premises ,signs. Zoning. Code of the City of Roanoke (1979). as amended. to disallow . electronic readerboDrd signs in the CG.Commerclal.. GenemlDlstrict. . A copy 01 the pelltlon Is available for review in the Office of the Citv Clerk. Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue. S'W.'J Roanoke. Virginia. All parties In interest and citizens may appe<lr on the above date and be heard on themalter. If you area' person with a dlsabililywhol needs accommodations lor this hearing, please conlact" the City Clerk's Office, at 853-2541. before noon on .theThursdDY before the dmo 01 the hearing IIsled above. \ GIVEN under my hand thiS 1s1 day 01 February. 2007. ! Stephanie M. Moon, CMC. . Acting City Clerk. State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates, City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this __l~~_day of February 2007. Witness my hand rt'ilo~ficia1 sealrf."_ ~ _ -92-- _ _.:- N P lic My com~!!fon exp' re:!f&:pitlJUciM__. .... ..... '.1 J. (10059023) PUBLISHED ONi 02/02 02/09 " ./ ,:.\,\\ " .. , TOTAL COST, FILED ON, 339.88 02/15/07 ~::::::::~---------_. Billing Services n ~ RePt~esentative r- rn '" 7':: '~ -,-, 1'1 0': ..-'- C)-, ~~ .$. PJ i.-:..n fl.,) ';)~\~ ~~ l\onn: OF I't:BLIC m:.-\RI:'-IG The Council ,-,I' the City of Roanoke will hold a public hearing on Tuesday. Fcbruary 211. 2007. al 7:111.1 p.m., ,11' as soontherc'al1cr as the matlL'r may be: heard. in the C"uneil Chambel". !llllrlh 11001". inlhe "Ioel C. Taylor ?."Iunicipal Building. 215 Church !\\'enuc" S. \\'.. Roanoke. Virginia, to cLlnsider the follo\\'ing: RL'L\uL'st 1'1'0111 the City.of Roanoke Planning Commission tll amend Tahk 66X-I. Types and Number of On-PrL'mises Signs Permilled by Zoning Districts. of Section 3(i.2-6(,S. TYl'es and number of on-premises signs. Zoning. ('ode llf the City of Ro,ulllke (I ')7')), as amended. to disalk,,\' "'eclronic rc'aderboard signs in the CG. Commcrcial-General District. A copy ofthc !.ll,tition is a\'ailahk for rc,."iew in the Officc llfthe City Clerk. Room .+5(>. Noel C. Taylor r-.lunicipal 8uilding. 215 Church A\'cnuc. S, \\'.. Rllanokc. Virginia. All partics in inkrest and citizens may appear on the above dale and be heard lln the malll'I". If you are a pe:rson with a disability who needs accommodations It'\r this hearing. pkaSL' wntactthe: Cit \' Clerk's Of!lce. at ~53-25.+ I. be:!l)re: nlllln on thl' Thursda\ bell)!'e the . . date of the hearing listed ab,"'e. GIVEN undcr my hand this I_~~ day of February .21)117. Stephanie \1. ~Io"n. CMC Acting City Clerk. I. :\I"I"';P',I:Y Il.\!".\": :.:.i=l.:,'!Tlll':-. '.-R['\I1I::<:\:I\I'I'., r"lt" Notice to Publisher: Publish in the Roanoke Times once on Friday, February 2, 2007 and February 9, 2007. Send bill and affidavit to: Stephanie M. Moon, Acting City Clerk 2\5 Church Avenue. S. W. Roanoke, Virginia 24011 (540) 853-254\ i'jotice to Publisher: Publish in the Roanoke Tribune once on Thursday, February 8,2007. Scnd bill and affidavit to: Stephanie M. Moon. Acting City Clerk 215 Church Avenue. S. W. Roanoke. Virginia 24011 (541l) 853-2541 NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING , COMMISSION TO WHOM IT MAY CONCERN: The City of Roanoke Planning Commission will hold a public hearing on Thursday, December 21,2006, at 1 :30 p.m., or as soon as the matter may be heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.w., Roanoke, Virginia, to consider the following: Request from the City of Roanoke Planning Commission to amend Table 668-1, Types and Number of On-Premises Signs Permitted by Zoning Districts, of Section 36.2-668, Types and number of on-premises signs, Zoning, Code of the City of Roanoke (1979), as amended, to disallow electronic-readerboard signs in the CG,-Commercial-General District. A copy of the proposed amendment is available for review in the Department of Planning Building and Economic Development, Room 166, Noel C. Taylor Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person with a disability who needs accommodations for this hearing, please contact the Department of Planning Building and Economic Development at 853-1730 before 12 noon on the Tuesday before the date of the hearing listed above. Martha P. Franklin, Secretary City Planning Commission ------------------------------------------------------------------------------------------------------------ Please print in newspaper on Tuesday, December 5 and December 12, 2006 Please bill and send affidavit of publication to: Martha P. Franklin Department of Planning Building and Economic Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 (540) 853-6874 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church ;\\'~nlJ(,. S. \v.. Room-156 R\)an()k~. Virginia 240J 1-1536 Telephone: t.5-l-011\5.1.~541 !-=ax: (:'40) 853.1145 E-mail: cJ(.II..I.~.ll)aJH..ke\";I.~O\. SHEILA 'I. II.-IRT\1.IN A~:.islanl Cit)' Ckrk . . ~~ ~J.. STEPHANIE \1. t\100i\. C~IC Cily Ckrk February 26, 2007 File #24 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No.3 7692-022007 amending and reordaining the Code of the City of Roanoke (1979), as amended, repealing Chapter 31, Subdivisions, consisting of 9931-1 through 31-124, and enacting Chapter 31.1, Subdivisions, consisting of 9931.1-100 through 31.1-604, and accompanying Appendices A and B, and such Chapter 31.1, Subdivisions, being a comprehensive revision of the subdivision regulations of the City, effective February 21, 2007. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Tuesday, February 20, 2007, and is in full force and effect upon it passage. Sincerely, . m, fY(1WI-J Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: The Honorable James R. Swanson, Chief Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of Virginia Darlene L. Burcham February 26, 2007 Page 2 pc: The Honorable William D. Broadhurst, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Charles N. Dorsey, judge, Twenty-Third judicial Circuit of Virginia The Honorable Julian H. Raney, Jr., Chief Judge, General District Court The Honorable Vincent A. Lilley, Judge, General District Court The Honorable Francis W. Burkart,lll, Judge, General District Court The Honorable M. Frederick King, Judge, General District Court The Honorable Jacqueline F. Ward Talevi, Judge, General District Court The Honorable Joseph P. Bounds, Chief Judge, Juvenile and Domestic Relations District Court The Honorable john B. Ferguson, Judge, juvenile and Domestic Relations District Court The Honorable joseph M. Clarke, II, judge, juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court Sheila N. Hartman, Assistant City Clerk, (For transmittal by electronic mail to Municipal Code Corporation) Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32316 Ronald S. Albright, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Kozuo Webb, Office of the Magistrate Lora A. Wilson, Law Librarian The Honorable Brenda S. Hamilton, Clerk of Circuit Court William M. Hackworth, City Attorney R. Brian Townsend, Acting Assistant City Manager for Community Development Susan S. Lower, Director, Real Estate Valuation Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer Steven J. Talevi, Assistant City Attorney ~o'\ ,~~ '-'- IN THE COUNCIL OF TilE CITV OF ROANOKE, VIRGINIA The 20th day of February, 2007. No. 37692-022007. AN ORDINANCE amending and reordaining the Code of the City of Roanoke (J 979), as amended, by repealing Chapter 3 I, 5.1!bdivisjons, consisting of. ~S3 1-1 through 3 I -124, and enacting Chapter 31.1, Sllbdjvision~, consisting of SS3 1.1- I 00 through 31.1- 604, and accompanying Appen(!ices A and B, such Chapter 31. I, ';;ubdivisi.ons, being a c.omprehensiye revision of the subdivision regulations of the City; providing for an effective datc: and dispensing ",'ith the second reading by title of this ordinance. WHEREAS, on August 20, 2001, City Council adopted Vision 2001-2020 ("Comprehensive Plan'} a new Comprehensive Plan for thc City, which plan nccessitatcd a comprehensive revision of the City's zoning and subdivision ordinances; WHEREAS, the City Council adoptcd Ordinance No. 37268-120505, Chapter 36.2, Zoning, a new zoning ordinance, on December 5, 2005; WHEREAS, upon adoption of Chapter 36.2, Zoning, work began on a new subdivision ordinance; WHEREAS, a draft of the ncw subdivision ordinance was made available to the public in carly October, 2006; \VHEREAS, City staff conducted an infonnation and public input sessIon tor developers and design professionals in carly l\ovember, 2006, and met with representatives of the Roanoke Regional Homebuilders Association to discuss the draft ordinance soon thereafter; \VHEREAS, after due and timely public notice, the Plalming Commission for the City of Roanoke held a public hearing on December 2], 2006, on the draft subdivision O-Subdivision 1-12-07 1 ordinance and un,mimously recommended to City Council that Chapter 31, S!lbdivisions, be repealed and that Chapter 31.1, !iqbdivisions, be adopted; WHEREAS, a public healing was held on the new subdivision ordinance by City Council at its meeting on February 20,2007, after due and timely public notice thereof: WHEREAS, this Council, after considering the proposed subdivision ordinance, is of the opinion that the proposed subdivision ordinance is consistent with Vision 2001- 2020, the City's Comprehensive Plan, and ought to be adopted in order to implement the Comprehensive Plan. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Chapter 31, Subdivisions, consisting of 9931-1 through 31-124, of the Code of the City of Roanoke (1979), as amended, is hereby REPEALED. 2. The Code of the City of Roanoke (1979), as amended, is amended and reordained by the addition of a new Chapter 31.1, Suhdivisions, consisting of S S31.] -100 through 3 1.1-604, and accompanying Appendices A and B, as set forth herein. 3. Section 31.1-100, Title, 931.1-101, General pumose and intent, S:Jl.l-102, COQrdination with other regulations, 931.1-103, Applicability, S31.I-I04, ()tv not obligated to pay [or illmroveqtents, and 931.1-105, Permits, of Artiele I, General Proyisions, of Chapter 31. J, Subd!vision~, of the Code of the City of Roanoke (1979), as amended, shall provide as follows: O-Subdi\'ision 1-12-07 , '" Section 31.1-100. Tille. This chapter shall oJ1ieially be knowIl, citcd, and refemod to as the subdivision ordinancc and shall consist of six (6) numbered articles and appendices A and B. Section 31.1-10 1. ~:;.eneral purpose and i.ntenj. Pursuant to ~15.2-2240, et seq., Codc of Virginia (1950), as amendcd, this ordinance is for the general purposes of implementing the Comprehensive Plan and ensuring the orderly subdivision of land and its development within the corporate limits of the City to the extent pemlitted by law. Morc specifically, the intcnt ofthis chapter is to: (a) Protect the health, safety and welfare of the citizens ofRoanokc; (b) Promote the orderly development and efticient use of land; (c) Promote economic growth and development; (d) Provide for cl1ieient transportation systems; (el Establish standards for design of public and private improvements; (I) Provide public services and amenities; and (h) Preserve and protect environmental resourccs. Section 31.1-102. COQglinatioIl with.Dthcr regulations. The subdivision and development of land within the City is subject to this chapter as well as all other provisions in thc City Code, whether or not such other regulations are specifically referenced in this chapter. Lack of a cross-reference shall not be construed as an indication that othcr re.gulations do not apply. Section 31.1-103. Appliqbilitv. (a) No person shaIl subdivide land ",ithoUlmaking and recording a plat of the subdivision and without fully complying with the provisions of this chapter. (b) No plat of any subdivision shall he rccorded unless it has bccn approved hy the Subdivision Agent. (c) :'\fo person shall sell or transfer any land of a subdivision before a final subdivision plat has been duly approved and recorded as provided herein, Q.Subdivision l-I~.07 , ~ unless the subdivision was lawlidly created prior to thc adoption of a subdivision ordinance applicable thereto. However, nothing herein shall be eonstrued as preventing the recordation of the instrument by which such land is transJi:ned or the passage of title as between the parties to the instrument. (d) The Clerk of Circuit Court of the City of Roanoke shall not file or record a plat of subdivision required by this article to be recorded until the plat has been approved as required hcrein. The penalties provided by 917.1-223 o[ the Code o[ Virginia shall apply to any failurc to comply with the provisions of this subsection. (e) This chapter bears no relationship to any private easement, covemmt, agreement or restriction, and the responsibility of enforcing such shall not be with thc City. Section 31.1-104. Citv ng.t 9bligate.d to 11ill'. for imprO\'mlents. Nothing in this chapter shall be construcd as creating an obligation upon the City to pay for any public services or construetion activity including, but not limited to grading, paving. sidewalks, curbs, or utilitics. Section 31.1-105. Pemlits. (a) ~o pcnnits [or site developmcnt activities or construction work may be issued until the appropriate approvals required by this chapter have been gIven. (b) No application lor a buildiug pemlit or zoning pcrmit shall be accepted for a subdivided lot until the subdi"ider has provided the Subdivision Agent with the final subdivision plat which has bcen recorded pursuant to {l31.1- 204 of this chapter. 4. Section 31.1-200, ConceDlplan, 931.1-20 I, Preliminarv SU9'p!vision 1)]at, S31.1-202, Requirenly]1ts for ~\!_bdivision sit~lafl, 931.] -203, Subdivision applieatio.lb revicw. <md approval, 931.1-204, Recordim~. and distribution of an a1)1)roved subdiv!siol} plat 931.1-205, Failure to record .subdivisiOljplat, S31.l-206, Revision of an a1)provcd 121~1 or plan, 931.1-207, Vacatio!1 of a rec;orded plat, S31.1-208, Effect of recordin~ O-Suhdivision 1-12-07 4 approv9d_ plat, ~3I.l-209. Period oC'{!!]jdity, and S31.1-21 0, I;.xcepJjons, o[ Article II, Procedure,s, of Chaptcr 3].], Subdivisio)!~, of the Code of the City of Roanoke (1979), as amended, shall provide as follows: Section 3].] -200. Qm<<ept plan. (a) Prior to submitting any subdivisioll plat, the subdivider may submit a concept plan for a proposed subdivision to the agent Jor detennining whether: (I) The proposed subdivision generally meets the requirements of this chapter and other regulations, (2) Th~ information reqnired on the snhdivision plat and subdivision site plan pursuant to Appendix B of this chapter has been provided, (3) Improvements required as pa11 o[the subdivision are being provided, and (4) Special concerns or issues ,i,.ith the proposed subdivision including, but not limited to, flood plain and riparian areas. proposed slopes and grading, availability of public utilities, and stoT111\Vatcr managemcnt, exist. .b) l . Review of a concept plan is for the convenience of the subdivider to facilitate the fonnal application process. Comments may be limited only to those features o[ the proposed subdivision shown on the Concept Plan, although the Subdivisioll Agent may note certain types of additional infoT111ation which will be required. Comments on the Concept Plan shall not constitute preliminary or formal approval or disapproval of any proposed feature or arrangement, nor shall comments constitute an at1imlative governmental act under ~] 5.2-2307 o[the Code of Virginia. Section 31.1-201. PrelimJnarv s.ll.bdivisjpn plat. A subdivider may, at the subdivider's option, submit a preliminary suhdivision plat and preliminary subdivision plan to the Subdivision Agent for approval. No preliminary subdivision plat shall result in actual subdivision of land. Speci fic submittal requirements for a preliminary subdivision plat and plan are identified in Appendix H o[ this chapter. O-Subdivif:ion 1-12-07 5 Section 31.1-202. Requirements for subdivisLQJuite plan. For. the purposes of determining whether a subdivision site plan IS required, two classitications of subdivision are hereby created: (a) The following shall be classificd as minor subdivisions: (I) Division ofa single parcel of land into two lots; (2) Rc1ocation of one or more boundary lines, where no additional lots are created; or (3) Vacation of one or more boundary lines which results In the creation of one or two lots. (b) A minor subdivision plat shall not require a subdivision site plan unless improvements within a right-of-way are required by Ihe City Code or are otherwise bei ng provided by the subdivider. (el The following shall be classified as major subdivisions: (I) Division of a single parcel into thrcc or more lots; or (2) Vacation of one or more boundary lines which results in three or more lots. (d) EYery major subdivision shall include a subdivision site plan. (el A series of minor subdivision applications submitted during a two-year pcriod shall constitute a major subdivision, if the series of plats relates to the same parcel or parcels or to parcels located within the same block. (f) Specific submittal requirements for a subdivision plat and subdivision site plan are identified in Appendix B of this chapter. Section 31.1-203. Subdivision application. review. and approval. (a) For review of a concept plan, the subdivider shall submit a plan showing the proposed subd{vision and any other supporting information the subdivider wishes to be evaluatcd. (b) To obtain approval of a preliminary subdivision plat and plan, the subdivider shall submit a prcliminary subdivision application consisting of the following items to thc Subdivision Agent for review and approval: O-Subdivision l-C-07 6 (1) Completed application form; (2) Kine (9) paper copies each of the preliminary subdivision plat and tbe preliminary subdivision site plan; and 1 (- ) Applicable review fees. (c) To seek approval of a final subdivision plat, the suhdividcr shall submit a subdivision application consisting of the following items to the Subdivision Agent for review and approval: (]) Completed application fonn; (2);\iine (9) paper copies of the final subdivi,ion plat, and nine (9) paper copies of the final subdivision site plan if classified as a major subdivision; and (3) Applicable review fees (d) The Subdivision Agent shall accept a subdivision application for review only after the following conditions arc met: (I) The subdivision plat and plan (if required) meet the requirements of Appendix. B, and (2) Pa)111ent of fees is received. (el The review period shall begin when the subdivision application is accepted for rcview. Once accepted, the Subdivision Agent shall begin review of the application for conformance with the requirements of this chaptcr, the zoning ordinance, and any other regulations. If the subdivision application is not acccptcd for revicw, the Subdivision Agent shall notify the subdivider within five (5) business days of thc submittal date, stating the reasons for non-acceptance. (f) The Subdivision Agent shall complete review and act on an initial application for a preliminary or final subdivision plat and plan review within fifteen (15) business days of the datc the application is acceptcd for review. The Subdivision Agent shall complete review and act on a resubmitted application for a preliminary or final subdivision plat and plan review within ten (10) business days. If the Subdivision Agent disapproves an application, or a resubmitted application, the reasons for the disapproval shall be stated. (g) Whcre an initial application or a resubmittcd application is disapproved and the re.asons for disapproval are stated, the subdivider shall indicate in O-Suhdi\'ision 1- J 2-07 7 a subsequent resubmitted application how the subdivision plat or plan were amended in response to eaeh stated reason for disapproval. (h) Approval of a subdivision site plan shall he indicated by the signature of the zoning administrator, the development review engineer, and the Subdivision Agent. Where the subdivision results in the dedication of right-of-way or any improvements to be perfoTIlJed within a right-of-way, the signature of the City Engineer shall also be required. Any preliminary or final subdivision plat shall be approved only afler tJJe subdivision site plan (if required) is approved. (i) The subdivision plat for any subdivision requiring performance guarantees pursuant to S31.1-500 of this chapter shall be approwd only alter such guarantees are provided by the subdivider. (j) Upon or before the expiration oCthe review period, the Subdivision Agent shall noti fy the subdivider that the subdivision plat is ready for approval, at which time the subdivider shall present to the Subdivision Agent three (3) original drawings of the subdivision plat on reproducible film. Approval of the subdivision plat shall be indicated by signature of the Subdivision Agent. Where the subdivision results in the dedication of right-ot:way or any improvements to be perfonned within a right-of-way, the signature of the City Engineer shall also be required. (k) The Subdivision Agent may allow submittal of any plat or plan described hereiu in an electronic fonnat. Section 31.1-204. B.ecording and distribution of an a[l!:lroved subdivisillll !:llal. The subdivider shall present three (3) original drawings on reproducible film of the approved subdivision plat to the Clerk of Circuit Court for attestation, recording, and indexing as prescribed by the. Code of Virginia. The clerk shall retum two attested copies to the subdivider. The subdivider shall then retum one original and eight paper copIes of the attested subdivision plat to the Subdivision Agent. The Subdivision Agent shall distribute copies to all appropriate City agencies which maintain records and official maps, ineluding the City Engineer and the Office of Real Estate Valuation. Section 31.1-205. Failure to rfC~JId subdivi~.i.~l plat. Unless a plat is tiled for recordation within six months afier final approvallhereof, such approval shall be withdrawn and the plat marked void: however, in any case where construction of facilities to be dedicated for public use. has commenced pursuant to an approved plan or permit with pertormance guarantees, or where the developer has fumished a perfonnance guarantee to the City in the amount ofthe estimated cost of construction of such facilities, the time for plat recordation shall be extended to one year O-Subdi\'ision 1.12-07 8 after linal approval or to the time limit specified in the performance guarantee, whichever is greater. Section 31.1-206. Revision of an approve4..plat .QrJ]lan. (a) Revision of an approved subdivision plat which has not been recorded shall follow the procedures for approval of a subdivision plat in ;i31.1- 203. All copies of the previow;Jy-approved subdivision plat, as described in !i31.1-203(j), shall be marked void by the Subdivision Agent prior to the approval of a revised plat. b) ( . Revision of an approved subdivision site plan requires the resubmittal of a subdivision sik plan of the areas affected by the revision. The revised subdivision site plan shall require approval as set forth in !i3l.I-203(h). Section 31.1-207. V'!-9!tion of a recordell Rl<\!. A recorded plat, or part thereof. may be vacated before the sale of any lot according to the provisions of 915.2-2271 of the Code of Virginia. A recorded plat, or any part thereof, where any of tile lots have been sold, may he vacated according to the provisions of 9] 5.2-2272 of the Code of Virginia. Section 3 I. I -208. Elfect of re0)rcling approve<;ll~t<\!. (a) The recordation of an approved pIal shall operate to transfer, in fee simple, to the City thc portion of the premises platted as is on the plat set apart for streets, alleys or other public use and to transfer to the City any casement indicated on the plat to crcate a public right of passage over the land. The rccordation of such plat shall operate to transfer to the City such easements shown on the plat for the conveyance of stormwater, and to the Water Authority such easements shown on the plat for conveyance of domestic water and sewagc, inc.1uding the installation and maintenance of any facilities utilized for such purposes, as the City and the Water Authority may reljuire. Nothing contained in this aJ1iclc shall affect any right of a subdivider of land heretotore validly reserved. The Clerk of Circuit Court shall indcx in the name of all the owners ofpropcrty affected by the recordation in the g.rantor's index any plat recorded under this section. Nothing in this section shall obligate the City or the Water Authority to install or maintain such facilities unless otherwise agreed to by the City or the Water Authority. (b) When the Subdivision Agent approves in accordance with this ehapler a plat or replat of land, then upon the recording of the plat or replat in the O-Subdivision 1-12-07 9 office of the Clerk of Circuit Couli, alllights-ot:way, easements or other interests of the City in the land included on the plat or replat, except as shown thereon, shall be terminatcd and extinguished, except that an intcrest acquired by the City by condemnation, hy purchase for valuable consideration and evidcnced by a separate instrument of record, or streets, alleys or casements for public passage subject to the provisions of 915.2- 2271 or SI5.2-2272 of the Code of Virginia, shall not be affected thereby. All public easements, except those for public passage., eascments containing improvcments, those that contain private utility facilities, common or shared casements for the use of lranehised cable operators and public service corporations, may be relocated by recordation of plat or replat signed by the owner of the re.al. property, approved by the Subdivision Agent, regardless of the manner of acquisition or the type of instrument used to dedicate the original easement. In the event the purpose of the easement is to convey storrnwater drainage from a public strect, the City shall first determine that the relocation does not threaten either the integrity of the street or puhlic passage. The Clerk of Circuit Court shall index the City as grantor of any casement or portion thereof temlinated and extinguished LInder this section. Section 31.1-209. period ofvali<;!itv. (a) Once the Subdivision Agent has approved a preliminary subdivision plat, the approval shall be valid for a period of five years, provided the subdivider (i) submits a final subdivision plat 1'1r all or a portion of the property within one year of such approval, and (ii) thereafter diligently pursues approval of the !inal subdivision plat. "Diligent pursuit of approval" means that the subdivider has inculTed extensive obligations or substantial expenses relating to the suhmitted final subdivision plat or modifications thereto. However, no sooner than three years following such preliminary subdivision plat approval, and upon ninety days' written notice by eeniiieci mail to the subdivider, the Subdivision Agent may revoke such approval upon a speei fie finding of facts that the subdivider has not diligently pursued approval of the final subdivision plat. (b) An approved final subdivision plat which has been recorded or an approved final site plan, hereinafter referred to as "recorded plat or final site plan," shall be valid for a period of not less than five years from the date of approval thereof. A subdivision site plan shall be deemed final once it has been reviewed ~Uld approved by the Subdivision Agent if the only requirement remaining to be satisfied in order to obtain a building pennit is the posting of any bonds and escrows. (c) For so long as the .final site plan remains valid in accordance with the provisions of this section, or in thc case of a recorded plat for five years O-SubJinsion I-12-(J7 10 after approval, no change or amendment to any local ordinance, map, resolution, rule, regulation, policy or plan adopt cd subsequcnt to the date of approval of the record cd plat or final site plan ~hall adversely affect the right of the subdivider or developer or his successor in interest to commence and complete an approved development in accordance with thc lawful ienns of thc reconkd plat or ~iie plan unlc.ss thc change or amendment is required to comply with state law or there has been a mistakc, fraud or a change in circumstances substantially affecting the public health, safety or welfare. Section 31.1-210. Exccptions. (a) Pursuant to S 15.2-2242( I) of the Code of Virginia, the Subdivision Agent may grant an exception from the general regulations of this chapter in cases of unusual situations or when strict adherence to thc general regulations would result in substantial injustice or hardship. Such unusual situations may include. but are not limited to: (I) Steep topography; (2) lITe gular or narrow parcel shape; (3) Existing natural features to be avoided or protectcd such as watercourses, floodplains. floodways, forest cd areas; or (4) Irregular existing development patterns, including street pattems, that surround the parcel. . (b) A request lor an exception shall be submitted in writing with thc subdivision application or resubmittcd application. The Subdivision Agent shall act on the request for an exception by either approving the application, approving the application with conditions, or disapproving the application. Tn graming an exception, the Subdivision Agent shall state in writing the findings made pursuant to subsection (a) above which justify the exception. 5. Section 31.1-300, Layout o.flots or parcels, 931.1 - 301, General lavout of streets and allevs, and S31.1-302, Qff site imIRo..rements, of Anicle T1I, Snbdivision IJavoul, of Chapter 31.1, Subdj",isions, of the Code of the City of Roanoke (]979), as amcnded, shall provide as follows: O-SubdiVIsion 1-12-07 II Section 31.1-300. Lavout of lots or ])arc!=l~. (C) d) ( . (e) (f) (g) (a) Each building lot resulting horn a subdivision shall conform to minimum and maximum dimensions required by the applicable zoning district regulations. (b) ]n addition to applicablc zoning regulations, the lot size, width, depth, shape and orientation of lots resulting from a subdivision shall be appropriate for the location, type of developmcnt, and proposed land use. Depth and width of propetiies shall be adequate to provide for off-strcet parking, loading and service facilities required by the type of use and development anticipatcd. Comer lots shall contain additional width as necessary to accommodatc a sceond hal l~width front yard. Each lot created shall have a direct usable vehicular access to the existing public street system either bv way of a public strect or an approved private street in a Planned Unit Dcvelopment District. However, subdivided lillit lots for townhouses and rowhouscs may be created pursuant to 936.2- 43 I (d) of the zoning ordinance, provided the lot from which the unit lots are subdivided has access required by this subsection. This subsection shall not preelude the establishmcnt of shared driveways as long as the subdividcr provides trontage as required by the zoning ordinance. Each lot created shall have public water and public sanitary sewer service extended to its property line. Sidc lot lines shall be arranged to create a buildable area wherc the minimum and maximum yard requirements of the applicable zollmg district can be met. Any areas designatcd for purposes other than building, such as utilities, parks, public squares. or open spac.c. preservation, shall be dearly marked as sueh on the plat. Such areas shall not be considered lots and shall not be subjec.t to dimensional requirements or street frontage requirements of the zoning ordinance. :\io lot shall be established which is divided by the corporate limits of the City. Section 3].] -30]. GtnerillJaVOl!Lof.~treets <tm] allevs. (a) The street system in a proposed subdivision shall be designed to extend and improve existing street rights-of-way adjoining the property to be subdivided. Wht;n a new subdivision adjoins undeveloped land whieh could be ac.cessed via the land being subdivided, any new street within the O-Subdi"ision 1-12-07 12 subdivision determined neecssary to serve tbe undeveloped land shall be extended to the subdivision boundaries allll terminatcd with a temporary turnaround with a T-type or branch-type configuration. The right-of-way of the street shall not be widened to accommodate such turnaround. Any additional area needed for such tumaround shall be accommodatcd within an easement with provisions for the eascment to be extinguished at the time the strcct is extended. (b)l\ew streets shall crcate an interconnected system with streets internal to the subdivision or to existing streets adjacent to or abutting the subdivision. The maximum street length betwcen such connections shall be fivc hundred (500) feet. However, the Subdivision Agent may permit a tenninated street, a longer street length, or both, where the subdivider demonstrates that topography, irregular or narrow parccl shape, natural fcatures to be avoided or protect",d, or irregular street pattems sun.ounding the parcel, would require such a street layout to permit reasonablc development of the parcel. Any strect terminus shall be construetcd as sct forth in thc VDOT Subdivision Street Design Rcquirements, 2005, as amended, and Illust employ one of the following designs: (I) Concentric or offset bulb with a landscaped ccnter; (,. -J T-type tumaround; or (3) Branch-type tumaround. Any pennanent street tenninus shall be separated from an adjoining property which is not part of the property being subdivided by a minimum distance offifiy (50) feet. (c) Naming of streets shall bc proposed by the subdivider on the subdivision plat according to the following standards: (1) Whcrc a strcet is planned as a continuation of an existing strcet, such street will bear the same namc. .") (~ Names of new streets shall be sufficicntly distinguishable from existing street names in thc City or any adjoining jurisdiction. (d) The subdividcr shall bcar the cost of crecting street name signs and traffic control signs and devices. The City's Transportation Division shall install signs and devices in accordance with City standards and bill the subdivider for actual costs incurred for materials aud labor. Such fees shall bc paid before the relea~e of any perfonnance guarantees required by this chapter. O-SubdivisiClTI 1-] 2-07 13 (e) Alleys may be constructed to provide access to lots. An allcy shall not be dedicated as a public right-ot~way unless the Subdivision Agent deteTI11ines the proposed alley is an extension of an existing public allcy system. Alleys shall be clearly labeled on the subdivision plat as public or private. Where private alleys are created, a public easement for access shall be providcd and dedicated on the subdivision plat. (t) Private streets may be constructed for the purpose of providing lot frontage where City Council has approved a development plan in a Planned Unit Development DislIiet. All private streets shall have uninterrupted connection to a public street. The pavement design of private streets shall be the same as that for public streets. Section 31.1-302. Off site improvements. (a) Pursuant to SI5.2-2243 of the Code of Virginia, where the construction or improvement of a subdivision necessitates or requires, at least in part, provision of reasonable and necessary sewerage, water, and drainage taei Iities located outside the property limits of tbe land owned or controlled by the subdivider or developer. the subdivider may pay a pro- rata sharc of the cost of providing or improving such facilities, upon lIluhJaI agreement of thc snbdivider and the City or the Water Authority, as applicable. However, no such payment shall be required until such time as the City or the Water Authority has established a general sewer, water, and drainagc improvement program for an area having related and common sewer, water, and drainage conditions and the land owned or controlled by the subdivider or developer is located or the City Council has committed itselfby ordinance to the establishment of such a program. Such ordinance shall set forth and establish reasonable standards to determine the proportionate share of total estimated cost of ultimate sewerage, water, and drainage facilities required to adequately serve a related and eonunon area, when and if fully developed in accord with the adoptcd Comprehensive Plan, that shall be borne by each subdivider or developer within the arca. Such share shall be limited to the amount necessary to protect water quality based upon the pollutant loading caused ,by the subdivision or development or to the proportion of such total estimated cost which thc increased sewage flow, water flow, and/or increased volume and velocity of stormwater runoff to be aehlally caused by the subdivision or development bears to total estimated volume and veloe.ity of snch sewage, water, and/or nmoff from such area in its fully developed state. In calculating the pollutant loading caused by the subdivision or development or the volume and velocity of st.omlwater runoff, City Council shall t.ake into account t.he effect of all on-site stonnwater facilities or best management practices eonstTIletcd or required to be constructed by the subdivider or developer and give appropriate credit therefor. The administration of such funds collected by the City O-Subdivision 1.12-07 14 shall be in aCCClrdance with ~] 5.2-2243(B) and S 15.2-2243(C) of the Code of Virginia. (b) Pursuant to 9]5.2-2242(4) of the Code of Virginia, if a subdivider or developer makes an advance ofpa)ments !()r or constmction ofreasonab]e and necessary street improvements located outside the property limits of the land cl\\11ed or controlled by him, the need for which is substantially generated <Uld reasonably required by the construction or improvement of the subdivision, and such advance is acccpted, City Counei] may agree to reimburse the subdivider or developer trom such funds as the City Council may make available for such purpose from time to time for the cost of such advance together with interest, which shall be excludable from gross income for federal income tax purposes, at a rate equal to the rate of interest on bonds most recently isslled by the goveming body on the following te.nns and conditions: (I) City Council shall dctemline or confirm that the road improvements were substautially generated and reasonably required by the constmction or improvement of the subdivision and shall determine or contlml the cost thereof, on the basis of a study or studies conducted by qualified traftie engineers and approved and accepted by the subdivider; (2) City Council shall prepare, or cause to be prepared, a repol1 accepted and approved by thc subdivider, indicating the governmental scrvices required to be fumished to the subdivision or development and an estimate of the annual cost thereof for the period during which the reimbursement is to be made to the subdivider; and (3) City COlillcil may make annual reimbursements to the subdivider [rom ti.mds made available [or such purpose [rom time to time, including but not limited to real estate taxes assessed and collected against the land and improvements 011 the property included in the subdivision or development in amounts equal to the amount by which slIch real estate taxes exceed the annual eost of providing reasonable and necessary governmental services to such subdivision. 6. Section 31.1-400, Sl,1Jldards for streets, S31.l-401, Standards for allevs, !j31.1-402, utilities, S31.1-403, Land di~turbing activities and stonnwater management, and S31.1-404, Easements, of Article IV, RlOquired Im.j)rovements, of Chapter 31.1, O-SubJi\'lsion 1-12-07 15 Subdivisions, of the Code of the City of Roanoke (] (79). as amended, shall provide as follows: Section 31.1-400. Standards for streets. (a) The specific street design standards herein apply to streets with a projected Average Daily Tramc (ADT) of 4,000 or less. For street design and construction standards not explicitly set fonh herein, and any street with a projectcd ADT which exceeds 4,000, the applicable standards of the VDOT Subdivisiori Street Desi~'Il Requirements, 2005, shall apply. (b) Whenever a subdivision is classified as a major subdivisiolJ, the subdivider shall provide street improvements as set forth in Table 400-1 helow. -------1 Improm"""'cqillITd ~ Table 400-1. Required Street Improvements Condition/Location . S bd' . . h' 1 . . f Street paving ,u IVlSlon w Ie I reqUIres creal10n 0 a uew ~ street in the following zoning districts: RA, R-12, : Curb and guller R"7, R-5, R-3. R~1-1, RM-2, RMF, and ROS. Planted strip Subdivision along an existing street, within the Large deciduous street trees following zoning districts: R-7, R-5, R-3, Rl'vl-I, Street lighting RM-l, and RMf. I Sidewalks , , . I Subdivision on a private street in a MXPUD, IPUD, or INPUD district. -.----.---- ------.--1 Street paving Curb and gutter Large deciduous street trees, except the Subdi vision I Agent may approve small deciduous trees in the C01 or D district where the area available is inadequate for ,large trees. I Planted strip or extended width sidewalk Street lighting I i Sidewalks ... I Street paving ! Curb and gutter ~' i Street trees Requirements for asphalt street paving, curb and gutter, planted ' , strips. street trees, street lighting, , and sidewalks shall be specified Subdivision within the following zoning districts: eN. co, CLS, i\1X, D, I-I, 1-2, IN, and AD. I Subdivision along existing street in an RA, R-Il, or ROS district. Q..Subdivlsion 1-J2-07 16 l on a pub development plan .., approved by Citv Counc~!.. _ _j (el Curb and gutter, planted strips, street trees, and sidewalks shall be provided on both sides of a new street. Where lots arc being established on only one side of a new street, and where topographic conditions would preclude future establishment oflots on the undeveloped side of the street, sidewalks shall not be required on the side of the street where no lots are being created. Where a subdivision takes place only on one side of an existing street, such improvements shall be required only on the side on which the subdivision takes place. (d) Required street improvements shall have minimum dimensions as set forth in Table 400-2 below. r--------- n_ ------- -___. _... . Table 400-2. Required Streetlmprovernents: Specifications and Dimcnsions for Local Streets -. Streets with Streets with Type ofImprovcment projected ADT projected ADT less than 1,500 1,500 to 4,000 -.. --- Minimum right-ot~way width 50 feet 58 feet --. -- Minimum paved way. Parking on both sides of the 20 feet 34 feet street. -..- ~linimum width of planted strip or extended-width o feet 6 feet sidewalk (back of curb to edge of sidewalk) - -. I _ . , 4 feet in the R-12 and R-7 Minimum width of sidewalk districts; 5 feet 5 teet in all other '. districts "--_. -- Minimum effective tuming radius 20 feet 20 feet ~ l--- " ! , - -, , - I Curh dcMgn Maxi~~m pedestrian crossing distance. 1 I Maximum street grade I \ DOT C~J 6 26 feet ~160-; , ,0 I I VDOT CO 0 1-- _. 20 feei 116(~o I O-Subdivi!':ion 1-12-07 17 ------- --- -~- ----.-- ---- -... -~----.----- - ----r--.-- I..~~~imum grade ofinterseclion approach ' 5~.o , 11 This regulation shall apply only to a newly-created street. I 50/ 10 ..1 . 00__1 .-- .. -j Ie) A reduced-width light-of-way may be pcrmitted where the sidewalk and planted strip arc loeatcd on private properties within a public access casement rumung parallel to the right-of-way line, and perpetual maintenance of the sidewalk and planted strip is provided for by an owners' association. (f) Street trees shall be planted along the entire length of the street being created or improved. exclusive of areas required to remain clear for the purposes of sight distance. (2) (3) (4) O.Suhdivisioll 1-12-07 (1 . ) The minimum number of street trees required shall be calculated by dividing the block length, minus twenty leet of sight distance required at each comer of the block, by forty (40). Any fractional remainder may be rounded down to a whole number. The required number of trees may be reduced hy the number of street lights located more than twenty (20) feet from an intersection. Street trees shan be provided in the planted strip between the sidewalk and curb or within tree grates located in an extended- width sidewalk as pemlitted in Tahle 400-1. Street trees shall be located with centers a minimum of three (3) feet from the back of the curb in a planted strip or in tree grates along an extended-width sidewalk. A minimum of five (5) feet of clearance shall be maintained between street trees and underground utilities. Street trees shall be planted in accordance with thc Standardized Landscape Specifications for the Commonwealth of Virginia, 2000, jointly adopted by the Virginia Nurserymen's Association, the Virginia Society of Landscape Designers, and the Virginia Chapter of the American Society of Landscape Architects. An trees required by this section shall be selected from the approved tree list in Table. 400-3 and shall meet the specified minimum caliper or height at the time of planting. The Subdivision Agent may approve the use of trees not set forth in Table 400-3 to meet the minimwn street tree requirements of this section, provided the Subdivision Agent determines the proposed altemative species are consistent with the intent of this section. The resource for such detemlination shall be based on the published reference text, Mannal of Woody Landscape Plants, fifth edition, J 998, by Michael A. Dirr. J8 r.m-.---- --- .--00- .___________n._..._______ .--- ------.- Table 400-3_ Trees: Approved street trees_ '_', ,:::,{'I)_'" ...".... I--: ,(b) '..;.'C6nirilori~ame '''L-,c,-~:-,~ Hot~jC:!_~,~ni2' . ......, Beech, American Fagus grandifolia _!2,~_,:ch, Copper _Fagus sylvatiea ellprea Birch, River Betula nigra Black Gumi!upelo .i Nyssa sylvatica Elm, Laeebark ; Ulmus parvifol~'!c __________ Ginkgo {\1ale Variety (-' k b'l b o I ) _Tl/) go loa 'S1:r~;Vdey L,~eu;t:--- ------1 Gl:ditsia-~~aeanthos 'Shademaster ,.'1 emaste, --.---.--.. Japanese Pagoda tree , Sophorajaponiea Japanese Zdkova Ze1kova serr~ta Linden, American Tilia Americana Linden, Little Leaf I Tilia cordata London Planetree ____I Platanus ~c_erfolia J'._1~pl~, Red Acer rubrum_______ \-laple, Sugar Acer saccharum Oak, Chestnut Quercus prinus Oak, Northern Red Quercus rubra Oak, Pin__n____+Suercus palustris Oak, White ___ _______., .Qll_erc:.u.~ alba __.___________ Oak, Willow Quercus phellos _ Redwood, Dawn Metasequoia glyptostroboides Tuliptree -- ! Liriodendron tulipifera -(~) :.,-: . 'rYlii~inilllij:.sjZ;e:: . . . ;. --at rlliihtihg'" -.' 12'~~liper- - -"~~- 2' caliper 2' caliper 2' caliper 2'calirer___________ 2' caliper ----.- 2' caliper , -~ -j , I -- --- - Small Deciduous Trees . 2' ealipcr ~-'caJjper 2' caliper 2' caliper 2' caliper 2' calipcr 2' caliper ::!'c.aliper 2' caliper 2' calipcr 2' caJ,~pcr 2' caliper 2' caliper 2' caliper _00- 1:.,::'-}:t'11;;';;{~;(;::lt:f::;;::' '-'-",~':"',~'.'..,.:, }-;;::~':;l~;~~;i~~~:'~:l~~;'~;:;;--':;~i~,:;::_,:,;::--;___; ~:,~~~ir.i~~i~z~~;': -,' -::,: Cl~~;;;__ Corneli~~___-::lc~~u~ I;la~"- .. -- '" '15' height - - -- '- Q-Subdivi'siolll-I2-07 19 -- -1 2'.:aliper ~ - --------- 2' caliper ,-------- 5'hcight 5' hei ght 2' ca!iper 5' hei ght 2' caliper ---tip-er 2' ealipe: 2' caliper 5'!!.eiifht 2' caliper 5' height _I_ 5' h~Tght 5' hcigl!!_ .5':" height 5' height r----. .. . n. . _u - I Cherry, Kwanzan I PnlllLls serrulata-'K~:;;;)~'~l J::lg~Y~~0K__ _ ! ___ ___ _ Cherry, Yoshino :_______tprunus yeodensis _pogwood, F]owenng:___ _Comus f10nda Dogwood, Kousa Comus kousa __ _____ Goldenraintree , Koelreuteria paniculata lli;~ij;':;:;:ll~ \V ~hington lC~at~-~g~s phaellopyrum Hophombeam, American ------. Hornbeam, Amcr~can Carpinus car'?liniana :\.faple, Amur -I Acer ginnala I Maple, lTedge------i Acer call1pcstr~- Mapl~,.Japancse ----fAe-;;r r;;b]~~tum .Maple, Trident Accr ' Acer buergerianmn _____ :V1Ylik, Crapc Lagerstroemia indica Redbud. Eastern Cercis Canadensis Serl'iceb~;;'y- __r-A~~lanchici~rb9re~- _ Sourwood I Q~ydcndrum arboreul!!.. ____ White FliI.!Ketree I Chionanthus virgi~ticus Ostrya virginiana I _J --~ ---' (g) The Subdivision Agent, in consultation with the City Engineer and City Traffic Engineer, will review proposed stred lighting to detennine that the overaJllayout and design of strect lights are adequate for the streets and related pedestrian ways as to the height of poles, shielding oflight sources, and that placement is coordinated with the location of street trces and other public improvcments. A Certificate of Appropriateness from the Architectural Review Board shall be obtained for street lights to be installed ill either the Historic Downtown Overlay District (H-l) or the lIistOlic Neighborhood Overlay District (H-2). (h) The grade of lots and strccts shall be coordinated so that each lot shall have a grade of twenty (20) percent or less between the driveway location and the buildablc portion of the 101. Driveway entrances shall be constructed according to the applicable provisions of the zoning ordinance_ Driveway entrances shall be designed to maintain a cross slope ofthe sidewalk at two (2) percent or less. (i) If any subdivision is projected to generate an increase in traffic of more than 100 vehicles per hour during the peak traffic hour of any adjacent street or more than 1,000 vehicles per day, a traffic impact study or statement, as approved by the City's Traffic Engineer, shall be required. Projected trips shall be generated based upon the methodology included in the latest version of the Institute of Transportation Engineers' (ITE) Trip Generation -~anual. Prior to preparation of the tratlic impact study or O~Subdivision 1-12-07 20 statement, the City's Traffic Engineer must approve tbe methodology and assumptions proposed for the study. Section 31.1-401. Standards for allevs. Alleys, whether public or private, which may be used for solid waste collection shall be designed according to the tollowing standards. (a) Alleys shall terminate at an intersection with a public or private street containing curb and gutter. (b) A minimum paved width of twelve (12) feet shall be located within an casement or right-of-way which has a minimum width of fiftecn (I 5) feet. Alleys shall be paved with six (6) inchcs of Portland cement concrete surtace OIl a compacted sub grade or with asphalt pavement desi!:,'lled to meet VDOT Subdivision Street Design Requirements, 2005. (c) Alleys shall have a minimum cross slopc of no less than two (2) pcrcenl fromlhe edge of pavement to the alley centerline and a longitudinal slope adequate to convey stormwater to adjacent streets containing curb and gutter. Alley gradcs shall not exceed sixteen (] 6) pcrccnt slope. Scction 31.1-402. Utilities. (a) Where a new street is created and dedicated, all utilities providcd to lots shall be located underground. (b) All improvemcnts or public utilities located within public lights-of-way shall, at tbe time of acceptancc, become the property of the City or the providers of the public utilities, unless otherwise noted on tbe subdivision plat. (c) Water and sanitary sewer facilities shall be required and constructed according to the specifications ofthe Water Authority. Section 31.1-403. Land dislurbine: activities and stormwater manae:ement. (a) A subdivision which requires land disturbing activities shall be subject to Chapter 11.1, Erosion and Sediment Control. Stormwater management systems shall be constructed according to the provisions of Chapter I I .2, Storm water Management. (b) Wherever a subdivision of land pursuant to this chapter adversely affects the proper use or drainage of streets, highways, pedestrian ways, slopes or O-Subdi\'ision 1-12-07 21 natural watercourses, or adversely aJTeets the public health, safety or welfare or causes an inerea,e in ero,ion or Sediment, the followinl! , ~ improvements may be required by the Subdivision Agent or City Engineer to be provided and installed by the subdivider: (I) ('" -l Erosion an,1 sediment control measures; and On-site drainage and drainage structures necessary for the proper use and llrainage of slopes, streets, highways and pedestrian ways, llr for the public safety. Section 31.1-404. Bil!'Lel.llcnts. Public drainage easements and water and sewer easements shall have a minimum width of fifteen (15) feet and sha1l be labeled as such on the plat. However, the Suhdivision Agent may require a greater width where multiple utilities are to be placed in a single casement. 7. Section 31.1-500, PerfOlmance l!ua.rilllt<ecS, and 931.1-501, Release of guarantees, of Article V, Perfon})!lIKe ~uarantces, schedule, and insneetions, of Chapter 3 I. I , SUQdivisions, of the Code of the City of Roanoke (1979), as amended, shall provide as lollows: Section 31.1-500. Performance guarantees. If a subdivision requires the insta1lation of public improvements, such as streets, utilities, slonnwatcr facilities, or erosion and sedimeIl1 control measures, any ofthe documents set forth below may be required. Where any of the agreements and/or guarantees listed below are required, the preparer of the subdivision site plan shall submit a schedule of cost estimates in unit quantities, with totals, for all proposed public improvements, erosion and sediment control mcasures, and stonllwater management measures, as part of the subdivision site plan suhmiIlal: (a) Lund suhdivider's agreement between the subdivider and the City, guaranteeing the satisfactory installmeut of public improvcments and erosion and sediment control measures at the expense of the subdividcr within a reasonable length of time, not to exceed two (2) years. Pending the actual installation thereof. the subdivider shall execute and 1i1e with the City Clerk, prior to approval of the final plan, a land subdivider's agreement to make such improvements within a designated reasonable length of time., not to exce.ed two (2) years, and a performance guarantee O-SubdivislOn 1.12-07 22 described in subsection lb\ below. Such land subdividcr's agreement shall illc!uck the following provisions: (I) The subdivider will satisfactorily cOlllplete all grading within the time specified; (2) The subdivider will plant, in accordance with plans and specifications approved by the City Enginecr, all slopes in exccss of 2: I and maintain such planting for a period of not less than one (1 ) year; (3) The subdivider will undertake all erosion and sediment control measures in accordance with plans approved by the Subdivision Agent: (4) The subdivider will install all required street and utility improvements in accordance with plans and specifications of the Subdivision Agent, the City Engineer, and the Water Authority; and (5) The subdivider will indemnify ~md hold harmless the City and any ufficials, agents, or employees thereof, and the Water Authurity, and any officials, agents, or employees thereof, fTOm any suit, claim or action for damages ur any cost incurred by the City ur the Water Authority as a consequence of failure on the part of the subdivider to comply with the terms of the agreement. (b) A certified check or cash escrow in the amount of the estimated costs of construction or a personal, c.orporate or property bond, with surety satisfactory to the city attorney and director of finance, in an amount sufficient for and conditioned upon the construction of improvements requircd by the City and the Water Authority, or a contract for the construction of such facilities and the contractor's bond, with like surety, in like amount and so conditioned; or a bank or savings institution's letter of credit on certain designated funds satisfactory to the City as to the bank or savings institution, the amount and the form. The amount of such certified check, cash escrow, bond, or letter of credit shall not exceed the total of the estimated cost of construction based on unit prices for new public or private sector construction in the City and a reasonable allowance for estimated administrative costs, inflation, and potential damage to existing roads or utilities, which shall not exceed 25 percent of the estimated constmction costs. (e) Maintenance agreemcnt between the subdivider and the City providing for future maintenance of privately-owned st0l111water management facilities. Such agreement shall include the following provisions: O~Subdivision }.12-07 23 (1) That the responsibility and obligation of maintenance of the facilities is dcclared to be a perpetual covenant which shall run with thc propcrty and inure to the benefit of, and be binding upon, the heirs, executors, administrators and assigns of the parties hereto. The subdivider covenants that it will not further subdivide thc property without the deed or other instrument of conveyance reciting that a proportionate share of the responsibilities and oh] igations under the maintcnance agreement shall run with cach suhdivided part of the original property. The responsibility of the subdivider as defined herein shall be in addition to any furthcr requirements imposed by law. (2) That maintenance is deemed to include, but is not limitcd to, maintaining grass and wccds within any facility cut in accordancc with City regulations, keeping emergcncy spillways clean and functional with an unohstructed outlet rrom these spillways leading to a natural watercourse, and removing dcbris, sediment and other matter from any facilities in order to reduce scdimc.ntation. Maintenance shall also include the periodic removal of accumulated scdiment and other measures deemcd nccessary by thc City for thc protection and safety of thc public. In instances where a working part of the facility includes vegetation, it shall bc maintained so that thc vcgctation shall remain unifonn and mature cnough to survive on its own. (3) That in the event that the City dctem1ines that thc facilities are not being maintained pursuant to the provisions of thc maintenance agrecmcnt, it may give notice to thc owner, by certified mail, of the maintenance needed for thc facilities. If the owner does not take action to effect the necessary maintenance within a reasonable period of time after the giving of such notice. not to exceed forty- five (45) days after the giving of such notice, thc City may cause such maintenance to be perti.1m1cd as it may dcem necessary, and any charges incurred for such work shall be deemed a lien against the property, the enforcement of which shall be as provided by law. (4) That the City is in no manner responsible for any maintenance of the facilities and that the City does not assume the responsibility or liability fOf any damages to property Of persons, which may occur as a result of the installation, usage Of maintenance of the facilities. Section 31.1-501. Release of guarantees. O-Subt:Ji\"isiOll 1-12-07 24 (a) Upon written request by the subdivider or developer, the Subdivision Agent shall b", required to make periodic partial releases of such bond, escrow, Jetter of credit, or other performance guarantee in a cumulative amount equal to no Jess than ninety (90) percent of the original amount for which the bond, escrow, letter of credit, or other performance guarantee was taken, and may make partial releases [0 such lower amounts as lllay be authorized by the Subdivision Agent bascd upon the percentage of public facilities completed and approvcd by the Subdivision Agent. Periodic partial releases may not occur beforc the completion of at least thirty (30) percent of the public facilities covercd by any bond, escrow, Jetter of credit, or other performance !,'llarantee. The Subdivision Agent shall not be required to execute more than three periodic partial releases in any twelve-month period. Upon final completion and acceptance of the public facilities, the Subdivision Agent shall release any remaining bond, escrow, letter of crcdit, or other performance guarantee to the subdividcr or developer. For the purpose of final release, the tel111 "acceptance" means whenever the public facility is accepted by and taken over for operation and maintenance by the City or the Water Authority. (bl Prior to any full release of guarantccs, thc following shall be rcquired: (2) (3) O-Subdivision 1-12-07 (I) Permanent monuments consisting of iron pins shall be placed at all block comers or at the tangent points of curves connccting intersecting street lines, at the points of curvature and tangency, at all comers in the exterior boundary of the subdivision exccpt at such comers that arc inaccessible due to topography, and at such other points as may be required hy the Subdivision Agent. The location and character of all such mOl1lnnents shall be designated on the subdivision plat. The applicant shall certify in writing that the monuments have been accurately placed throughout the subdivision as required before the streets may be accepted for maintenance or the perfomlanee guaranty is released. If requested by the Subdivision Agent or Water Authurity, the subdivider shall provide the Subdivision Agent with a set of a~- built plans if any underground improvement is installed in a location or maImer other than was shown un the approved subdi vision site plan. The subdivider shall provide the Subdivision Agent with results of the following testing as a prerequisite to any partial or full release of guarantees and acceptance. Test results shall be approved by the Subdivision Agent prior to proceeding with a subsequent phase of eonstructiun. 25 (A) Califomia Bearing Ratio (eRR) tests performed during construction by a ccrtiticd tcsting lab for the purposes 0 f detcllllining pavemcnt design; (B) Compaction tcsts pcrformed during construction by a ce.rtified testing lab to measure compaction of subgradc, hase maierial, and asphalt courses. (C) Thickness tcsts of asphalt layers perfomled during construction by a certi lied testing lab to mcasurc the thickness of pavement Ii fts. (D) The frequency or IJllmbcr of tests and specific compaction requirements shall conform to VDOT Subdivision Street Design Requirements, 2005, and the locations of such tests shall be indicated. S. Section 31.1-600, Suhdivision agent, fll.I-601, 8,l11endlTlffiL9f chapter, ~ 31.1-<,02, PenaJtY,(OLy.igl;ltion, g31.1-603, b,pproval entities, and S31.1-604, Revicw fees, of A1tic1e VI, Administration, of Chapter 31.1, Subdivisions, of the Code of the City of Roanoke (1979), as amended, shall provide as lollows: Section 31.1-600. Subdivisiou agcnJ. This chapter shall be administered and enforced by a Subdivision Agent elected by the City Planning Commission from thc staff of thc Department of Planning Building and Economic Dcvelopment. Section 3].] -60 I. Amc[ldmcllt of chapter. The City Planning Commission on its own initiativc may, or at thc request of the City Council, shall 'prepare and reeolIunend amendme.nts to thc subdivision ordinance, The City Couueil shall approve and adopt an amcndmcnt to the subdivision ordinancc only aftcr notice has been publishcd, and a public hearing held, in accordance with S 15.2- 2204, Code of Virginia; provided that no amendment shall bc adopted by City Council wilhout referring the proposed amendment to the City Planning Commission for recollunelldation, nor until sixty (60) days after sl1ch rcference; if no rccommendation is made by the commission, When a subdivision ordinance has been amended, a certified copy of the ameridmcnt thereto shall bc filed in the City Clerk's officc, and in the office of the Clerk of Circuit Court O-Subdivisicl11 1.12-07 26 Section 3] .1-602. Penaltv for violati9.!l. Any pcrson violating the provisions of this chapter shall be subject to a fine of not more than fivc hundred dollars ($500.00) for cach lot or parcel of land subdivided, transferred or sold, and shall be required to comply with all provisions of this chapter. The description of the lot or parcel by mctcs and bounds in the instrument of tunsfer or other document used in the process of selling or transferring shall not exempt the transaction ii'om the penalties or remedies herein provided. Section 31.1-603. AllProval entities. The officials, agents and employecs of the City as set forth in Column tB) of Table 603- J, shall bc designated as the officials with authority to render a delemlination as to the approval, approval with conditions, or denial of the actions requested in Column (A). ----- ..- .. ...----.----.-..---------.-------1 Tahle 603-1. Approval entilies. .- ...--.. .--.-- I (A) I (B) Action Rcquested Approvcr(s) - ...--...- ..... -- ..-....- Subdivision site plan, preliminary or final Subdivision Agent, Developmcnt Review I Engineer; and Zoning Administrator >---..-.. .- I Subdivision plat, preliminary or final, Subdivision Agent wherc no right-of-way is created and no work within a right-of-way is required Subdivision plat, preliminary or final, Subdivision Agent and City Engineer where a right-of-way is created or work is required in a right-of-way f -- -'------- --I Exception Subdivision Agcnt i ---.----- Vacation of plat Subdivision A 'ent g I ------; Section 31.1-603. Review fee,~. O-Suhdi\"ision 1-12-07 27 (a) Fees for a minor subdivision plat or vacation of a plat shall be fifty dollars ($50.00). (b) Fees for a major subdivision plat, whether preliminary or final, shall be two hundred twenty dollars (5220.00) plus fifty dollars ($50.00) per lot. (e) Fees for review of a subdivision site plan, whether for a preliminary or final subdivision, shall be five hundred dollars (S500.00) plus seventy jive dollars (575) per acre or portion thereof. 9. Appendix A, Definitions, of Chapter 31.1, ~ubdi'yisions, of the Code of the City of Roanoke (1979), as amended, shall provide as follows: Appendix A Definitions. For the purposes of this chapter, the following words and tenns shall have the meanings ascIi bed to them in tltis appendix. Alley: A paved way providing a secondary means of vehicular access to abutting property and not intended for general circulation of motor vehicles. Ci(v: The City of Roanoke, Virginia. City Code: The Code of the City of Roanoke (1979), as amended. CityE!lgi!leer: The City Engineer of the City of Roanoke, Virginia. Code of Virginia: The Code of Virginia (1950), as amended. Cross slope: Measurement of grade taken along a line perpendicular to the longitudinal axis of the street or sidewalk. E.fjfxlive turning radius: The tuming radius provided at the intersection of the travel lanes of two streets. O-Sub<..livision 1.12-07 28 ~~~'\'~~':'i' "~,. i ,~rt~~~tJ ____h Pl:k~~~~~::_____~_~~// 7"'1lvo;'ll~r~ Grade or slope: Terms lIsed interchangeably to express the veliieal change ofthc ground surface along a givcn section. Grade is expressed as a percentage calculated as a vertical distance divided by a borizontal distance, multiplied by 100. Slope is exprcssed as a ratio of a vertical distance to a hOlizontal distance. !mcrsection approach: The distance which extends along a street eighty-five (85) fect from a point where the eenterJines of two rights-ot:way intersect. Lot: A clearly detined parcel ofland identified on a plat fronting on a public street or an approved private street within a Planned Unit Dcvc]opment District, and having sufficient area and dimensions to meet minimum zoning district requiremcnts for area, ti'ontage. lISC, and coverage, and to provide such yards and other open space as required by the respective zoning district regulations. A lot may consist of combinations of contiguous lots of record or portions of lots so recorded, provided that in no case of subdivision or combination shall any residua] lot, pOliion of lot, or parcel be created which does not meet the requirements of this chapter. Lots include the following specific types: (a) Comer lot: A lot located at the intersection of two (2) or more streets. (b) Interior Jot: A lot with only one (1) frontage on a street. (e) Through lot: A lot which has ti'ontagcs on two (2) nonintersecting streets. Lot fi'olltage: The property line dividing a lot from a dedicated or proposed public street or a dedicated or proposed private street in an approved Planned Unit Development District. No such property line shall be considered lot frontage where it abuts a right-of- way with no means of vehicular access, such as where a lot abuts the right-of-way of a railroad or limited acccss highway, or where topography would prcc]ude access either dircctly or via a shared drivcway on an adjoining lot. O-SubdivisiOlll-12-07 29 Lot. Unit: A portion of a lot upon which is occupied or proposed to be occupied by a townhouse or rowhousc unit, and which is subdivided from a Jot \vhich, for the purposes of determining c.omplianee wiih zoning requirements, contains required stred froniage and loi area requircd by the applicable zoning district. OlJicial appraisal map: A selies of maps used for iax assessmeni by ihe Otlicc of Real Estaie Valuation which show proper1ies throughout the City. Owner: Any individual, tinn, association, syndicate, partnership, corporation, trust or any other legal entity having sufficient proplietary interest in the Jand sought to be subdivided to cOlllmence and maintain proceedings to subdivide the same under this chaptcr. Parcel: A general term including all plots ofland shown with separate identi fication on the. official appraisal maps. parcels mayor l11ay not be lot~, depending up un whether or not such parcels were created in conformance with this chapter. Paved way: The area between the vertical curb face.s of a street, including gutters. Whcrever curbs are not installed, the area between the edges of the paved section. City Planning COlllmission: The City Planning Commission of the City of Roanoke, . Virginia. Planted strip: The area between the back of the curb and the sidewalk planted with a vegetative ground cover and street trecs. Public ulilitv: Electricity, gas, stoffinvatcr drains, water, sanitary sewer collection and treatment, stealll, cable televi~iun, or telephune. Public ulility provider: Any person, fiml, corporation, municipal agency, or authority duly authorized to furnish to ihe public, under regulation, a public utility. Righl-oj:way, public: A legally established area or strip of Jand over whieh an irrevoeable public tight of passage is granted to the City or the Commonwealth uf Virginia. Such land may be occupied by a public street, utility service, or other public use, with such right ofpassagc being available to the general public. Right-oj:way. private: A legally established area or strip of land over whieh an irrevoeable right of passage is granted to any person or entity holding interest in such land. Such land may be occupied by a private street, utility service, or other use for the general benefit of the owners holding interest in the land. Street: Any public way for vehicular and pedestrian traffic which provides ihe primary means of aeeess to lots. O-Suhdi....lsion 1-12-07 30 Street intersection: The location where two or more streets cross at grade without a bridge. Street tree: An approved tree species located within a required planted strip. Structure: Anything which is constructed or erected with a fixed location on the e.'Tound, or attached to something having a fixed location on the ground, including buildings, walls, fences, signs, manufilCtured homes, and swimming pools (in-ground and above- ground). Suhdivider: An individual, firm, association, syndicate, partnership, corporation, trust or any other legal entity commencing or required by law to commence proceedings under this chapter to effect a subdivision of land hereunder for itself or for another. Subdivision: The division of a lot, tract or pared of land into two or more lots, the vacation of an existing lot line to combine two or more lots, or the relocation of an exi;;ting lot line. The transfer of ownership to the Commonwealth of Virginia or a political subdivision thercof ,md the division of lands by court order or decree shall not be deemed a subdivision as otherwise herein defined. Subdivision plat, final: A drawing submitted to the Subdivision Agent for final approval and recordation in the ot1ice of the Clerk of Circuit Court, which crcates a legal subdivision of1and. Subdivision site plan, .final: Documents, maps, plans and other material as required by this chapter showing all final details of a proposed subdivision, the approval of which is a prerequisite of approval of a final subdivision plat in the case of a major subdivision. Subdivision plat, preliminaJ}'.' A drawing submitted to the. Subdivision Agent for approval but which is not intended for recordation in the officc of the Clerk of Circuit Court. Subdivision site plan, preliminary: Documcnts, maps, plans and other material as required by this chapter showing details of a proposed subdivision, the approval of which is a prerequisite of approval of a preliminary subdivision plat. Temporary turnaround: An area of expanded paved way located at the terminus of a street where future extension of the street is possible to provide an area to allow vehicles to maneuver for the purpose of reversing direction of travel. I DOT: The Virginia Department of Transportation. VDOT CG-6: A VDOT standard curb design specified m the Subdivision Street Requirements. 2005. Water Authority: The Western Virginia Water Authority. Q.Subdivlsion 1-12-07 31 10. Appendix B, Submittal requirements, of Chapter 31.1, Subdivision, of the Code of the City of Roanoke (1979), as anlended, shall provide as follows: B-1. Requirements for preliminarv subdiyision plats. (a) Standards for preliminary subdi vision plats (I) The preliminary subdivision plat shall meet the mmimum standards of the Library of Virginia Standards for Plats, 17VAC15- 60-10, el. seq., as adopted pursuant to 942.1-82 of the Virginia Public Records Act ( 942.1-76, et seq.). (2) The preliminary subdivision plat shall be prepared by a professional engineer or land surveyor authorized to practice in the Commonwealth of Virginia. (3) The comers of any new lots created as a result of the subdivision plat shall be established by field survey. The comers of the parent parcel may be established by field surveyor from existing records of survey. (4) The preliminary subdivision plat shall be drawn in ink, on reproducible film, llsing engineering scales. Plats shall be eighteen (18) inches by twenty-four (24) inches, with a one-half (1/2) inch margm. (b) Content ofpreliminary subdivision plats The following is a list of infonnation required, at a minimum, to be shown on the preliminary subdivision plat. (I) The surveyor's official seal, signature, and date; (2) Acknowledgement by the surveyor that the boundary survey as shown is based on a CllrTent field survey. If any portion of the subdi vision or its boundaries as shown on the plat is based on information taken from existing records, that fact must be acknowledged in tllis statement; (3) Standard Flood Statement: "'[his property lies (does not lie) within the limits of a lOO-year or other restrictive flood boundaries as designated bv current Federal O-Subdivision 1-12-1)7 ") J_ Emergenc\' MC11lilgcmcIlt Agency (FEA!A) A!ap No. _ . dated (4) Title block: (A) Subdivision name or property owners name. (8) Land being subdivided with reference to original subdivision, if applicable. (e) (1)) (5) ~otes: (A) (B) (C) ~ew tracts or lots and acrcages being creatcd. Location of property. Monuments and/or iron pins set or found. Proposed lot bonndary changes. Other notes pertinent to the specific needs of the plat as determined by the surveyor or engineer. (6) All distances specified on the plat shall be measured along a horizontal planc. (7) All curves and segments thereof shall be shown as circular arcs and described by giving the central angle, radins, tangent, len&>th of arc, chord bearing and distance. Curve data shall be shown in eolunm schedule on plat or, on plats with no more than three (3) curve segments, curve data may be shown at or near curve segments in lieu of column schedule. (X) A small scale vicinity map showing the location of the subdivision in relation to the sllITounding street system and area should be shown on the. plat tor location purposes. Vicinity Illap should be drawn at a scale of 1 " = ROO', or other comparable scale. (9) Approximated floodway and floodplain limits shall be located and tied to property lines as shown on plat, if any portion of the property is situated within either. (10) Names of currcnt owners of all abutting propCl1ics, with proper legal references for the properties (Deed Book _' page_l. (1 I) Property comers shown and numbered in sequential ordcr. O~Subdi\'ision 1.12-07 33 (I 2) Bearings and distances lor eXlstlllg and proposed new property lines, with accuracy on bearings to 10 sec.onds and distances to 0.01 teet. (13) All proposed ncw property lines labeled "new line," with the exception oftracts heing subdivided into more than five (5) lots, or multiple lots or tracts being resubdivided into more (han five (5) new lots or tracts. (14) All known easements defined by hearings and distances or boundary ties sufficicnt to cstablish location in the tield. I,abel easements as public or private. (15) (16) (17) (18) (19) (20) (21) .~~) (~'" New lot or parcel designations and new lot areas shown in acres to four decimal places or, if less than one acre, in square feet. Existing lot or parcel dcsi/pJations, all Jot boundaries bcing vacatcd or changed, existing lot areas, and official tax appraisal numbcrs should be shown in a different format trom existing proposcd information with line arrow extending to existing boundaries. Existing strueturcs shown and accurately positioned on the plat in accordance with the actual location of such structures within the boundary survey. Proposed street name designations with directional quadrant suffix (SW, SE, NW, NE). Existing street names with dircctional quadrant suffixes of all strcets (public or private) abutting the property to be subdivided. Meridian reference, with north alTOW (true north, grid north, magnetic north, ctc.) with sourcc of meridian given (Map book and page or deed book and page). Railroads or watercourses, streams, ctc., adjaccnt to or running through the property shown, or other unique features which are intomlative as to the location of the boundary survey; should be shO\vn on the plat. Right-of-way widths. (23) The subdivision plat shall not contain infomlation concerning zoning requirements or building lines. Q.Subdivi.sion 1-12.07 34 B-2. Requirements for preliminarv subdivision plans. (a) Requirements (I) Where a preliminary subdivision site plan is required with a preliminary subdivision plat as part of a preliminary subdivision application, the plan shall bc prcpared and submitted in accordancc with the requircments of this chapter and all other applicable ordinanecs of the City Code, including, but not limited to chapter 11.1, Erosion and sediment control, chapter 11.2, Stonnwater management, and chapter 36.2, Zoning. (2) A preliminary subdivision site plan and associated calculations shall be prepared by a professional enginecr or land surveyor authorized to practice in the Commonwealth of Virginia. (b) Information requircd A preliminary subdivision site plan shall be prepared on the separate component shcets as listed below. However, anyone or more of the sheets may be combined, provided legibility and clarity can be maintained. (I) Index (A) Official appraisal map numbers of the parcels to be subdivided. (B) Total acreage of the properties. (C) Total acreage to be disturbed (cleared, graded, excavated, filled, etc.). (D) Name, address and telephone number of the following: land owner or developer; developer, contractor or other (as appropriate to the need). (E) Vicinity map showing the location of the site in relation to surrounding features such as streets, major thoroughfares, etc. (2) Dimensional Layout Plan The dimensional layout plan sheet should show the development project as it would look upon completion of all construction activities. The plan sheet should include the following: Q-Subdivision 1-12-07 35 (A) Existing and proposed structures. (B) Existing and proposed paved areas, including parking lots, parking areas, driveways, and related curbing. (c) Zoning information (1) CUITent zoning classification of the property proposed for development. The zOning classificatioll shall include a listing of any conditions to which the property is subject, by reason of a zoning amendment or by order of the board of zoning appeals, including the ordinance number and case number, with effective dates. (~) Minimum and maximum yard requirements required by the zoning district. (3) Proposed llse of the property and buildings. (4) Off-street parking and loading required and provided. Typical spatial requirements for parking space width, length and angle of parking spaces. the depth of parking lot maneuvering aisles and the width of all driveway entrances and exits. 'i) Co Areas le)r required landscaping and sereenmg. if applicable. (3) Grading plan (A) Existing and proposed contours at two foot (2') intervals (13) Prominent featun:s such as streams, ponds, rock outcroppings, springs, etc. (C) Outline of all buildings. streets and related features should also be present on this plan. sheet. (4) StoID1\VatcT management plan (A) Outlincs of all buildings, streets and related features (B) All proposed storm drains and stom1\vater management devices, such as pipes, retention ponds, pits, rip:rap, etc. O-Subdivisillll 1- I 2-07 36 (5) Utilities plan (A) The outline of all buildings, streets and related features. (B) Plans showing the location, design, and size of all existing and proposed utilities and related easements. (6) Street plan (A) Plans showing. the location, design, Size, and centerline grade of all proposed streets. (B) Cross sections of the street taken at each filly foot (50') station and at street intersections or other points required to establish the grade of the street shall be provided if requested by the Subdivision Agent. (d) TrafIic Study If any development activity is projected to generate an increase in traffic of more than 100 vehicles per hour during the peak- traffic hour of any adjacent street or more than 1,000 vehicles per day, a traffic impact study or statement, as approved by the City's Traffic Engineer, shall be required. Projected trips shall be generated based upon the methodology included in the latest version of the Institute of Transportation Engineers' (ITE) Trip Generation Manual. Prior to preparation of the traffic impact study or statement, the City's Traffic Engineer must approve the methodology and assumptions proposed for the study. B-3. Requirements for final subdivision plats. (a) Standards.. (1) The iinal subdivision plat shall meet the minimum standards ofihe Library of Virginia Standards for Plats, 17V ACI5-60-1 0, et seq., pursuant to ~42. I -82, Virginia Public Records Act (S42.l-76, et seq.) (2) The final subdivision plat shall be prepared by a professional engineer or land surveyor authorized to practice in the Commonwealth of Virginia. (3) The comers of any new lots created as a result of a subdivision plat shall be established by field survey. The comers of the parent parcel may be established by a field surveyor trom existing records of survey. O-Subdivision 1-12-07 37 (4) Thc final subdivision plat shall be drawn in ink, on reproducible film, using engineering scales. Plats shall be eighteen (18) inches by twenty-four (24) inches, with a one-half (1/2) inch margin. Cb) Contents. The following is a list of infonllaiion rcquired, at a minimum, to be shown on a final subdivision plat. (1) Owner statements. (A) The following statement of ownership: "Know all men by these presents to wit: That is the fee simple owner of the land shown hereon bounded by corners _____ _ to ___ to ._ , iI/elusive, and is all of the land conveyed to said owner by deed recorded in the Clerk's Office of the Circuit Court of the City 0/ Roanoke. Virginia, in deed book , page " Such statement shall be certified by the signature of the preparer ofthc plat. (B) If the plat proposes to dcdicatc land for publie strcets and other purposes, add the following dedication statcment: "71ze above described owner by virtue of the recordation of this plat dedicates to the City of Roanoke in fee simple title, the land shown hereon as set apartfor public streets. " (C) If easements are to be granted to the City for public use, add the following dedication statement: "The above described owner by virtue of the recordation of this plat does hereby grant to the City of Roanoke those certain areas shown on the plat as set apart for use as public easements. " - (D) If easements are to be granted to the Watcr Authority, add the following dedication statement: "The above described owner by virtue of the recordation of this plat does hereby grant to the FVestern Vilginia Water Authori(v those certail/ areas sh()"WI/ OIl the plat as set apart jar water and/or sewer easements. " O.Subdivision 1-12-07 38 (E) Any subdivision which involves the creation of a private street shall include thc following statements on the plat: "Grantors of any lots in this subdivision shall include the following statement in each deed of conveyance: The streets in this subdivision are intended to he under private ownership and will not be maintained by the City of Roanoke. By recordation of this plat the subdivider grants to the City ofRoClnoke rights of access. in perpetuity. over the private streets shown on this plat to accomplish any public service for which the City is responsible. ,. (F) Add the following statcment. to concludc the owner statements: "The plaiting or dedication of the following described land (here insert a correct description of the land subdil'ided) is with the free consent and in accordance with the desire of the undersigned owners, proprietors. and trustees, ifany. " (G) The signatures of owners, trustees, or beneficiaries shall be shown below the owncr statements. Each such signature shall bc notarized in a standard format. .") (~ Signature blocks with date lines shall be provided for the Subdivision Agent. A signature block for thc City Engineer is required where the subdivision invol ves the dedication of a public right-of-way or public improvcments in a right-of-way. (3) Attestation statement for use by the Clerk of Circuit Court for recording purposes with proper signature line. (4) Tbe surveyor's official seal, signature, and date. (5) Acknowledgement by the surveyor that the boundary survey as shown is based on a current field survey. If any portion of the subdivision or its boundaries as shown on the plat is based on infonnation takcn from existing records, that fact must be acknowledged in this statement. (6) Standard flood statement: "This property lies (does not lie) within the limits of a 1 DO-year or other restrictive flood boundaries as designated by current Federal Emergency lvfanagement Agency (FEA/A) "'fap No. , dated O-SubdivlSion 1-12-07 39 (7) Title block: (A) Subdivision name or property owncrs name. (B) Land being subdivided with reference to original subdivision, if applicable. (C) New tracts or lots and acreages bcing created. (D) Location of property. (8) Notcs: (9) (10) (11) (12) (I3) (I 4) O-Subdivision 1-12-07 (A) Monllmcnts and/or iron pins sct or found. (13) Proposed lot boundary changes. (C) Other notes pertinent to the specific nceds of thc plat as dctermined by the surveyor or engineer. All distances specified on the plat shall bc measured along a horizontal plane. All curves and segments thcrcof shall be shown as circular arcs and described by giving thc central angle, radius, tangent, length of arc, chord bearing and distanc.e. Curve data should be shown in column schedule on plat. On plats with no more than three (3) curve segments, curve data can be shown at or near c.urve segments in lieu of column schedule. A small scale vicinity map showing the location of the subdivision in relation to the surrounding street system and area should be shown on the plat for location purposes. Vicinity map should be drawn at a scale of I" = 800', or other comparable scale. 'Map Book _, page _:' shown just above upper right-hand border for recording purposes. Approximated floodway and floodplain limits shall be located and tied to property lines as sho\>iIt on plat if any portion of the property is situated within either. Names of current owners of all abulling properties, with proper legal references for the properties (Deed Book _' page_) must be shown on the plat. 40 (15) (16) (17) (18) (19) (20) (21) (22) (23) (24) (25) (26) O-Subdivision 1- J 2-07 Property corners shown and niInlbered in sequential order. Bearings and distances for all existing and proposed new property lines. Accuracy on bearings to ten (10) seconds and distances to the hundredth (0.01) fc:et. All proposed new property lines labeled "new line," with the exception of tracts being subdivided into more than live (5) lots, or multiple lots or tracts being resubdivided into more than five (5) new lots. All known casements defined by bemings and distances or boundary ties sufficient to establish location in the field. Label easements as public or private. New lot or parcel designations and new lot areas shown in acres to' four decimal places or, if less than one acre, in square feet. Existing lot and parcel designations, all lot boundaries being vacated or changed, existing lot areas, and official tax appraisal numbers should be shown in a. different format from existing proposed information with line arrow extending to existing boundaries. Existing structures shown and accurately positioned on the plat in accordance with the actual location of such structures within the boundary survey. Proposed street name designations with directional quadrant suffix (SW, SE, NW, NE). Existing street names with directional quadrant suffixes of all streets (public or private) abulting the property to be subdivided. Meridian reference, with north arrow (true north, grid north, magnetic north, etc.) with source of meridian given (Map book and page or deed book and page). Railroads or watercourses, streams, etc., adjacent to or running through the property shown, or other unique features which are informative as to the location of the boundary survey, should be shown on the plat. Right-of-way widths. 41 (27) The subdivision plat shall not contain any information eonceming zoning requirements or requirements of the Virginia Uniform Statewide Building Code. B-4. Requirements for final subdivision site plan. (a) Requirements. (I) Where a final subdivision site plan is a required part of a subdivision application, the plan shall be prepared and submitted in accordance with the requirements of this chapter, and all other applicable ordinances of the City Code, including but not limited to chapter 11.1, Erosion and sediment control, chapter 11.2, Stormwater management, and chapter 36.2, Zoning. (2) A final subdivision site plan and associated calculations shall be prcpared by a professional engineer or land surveyor authorized to practice in the Commonwealth of Virginia. (b) Contents. A subdivision site plan shall be prcpared on the separate component sheets as listed below. However, anyone or more of the sheets may be combined,. provided legibility and clarity can be maintained. (I) Index (A) Official appraisal map numbers of the parcels to be subdivided. (B) Total area of the propel1ies. (C) Total area to be disturbed (cleared, graded, excavated, filled, etc.). (D) Name; address and telephone number of the subdivider and contractor. (E) Erosion and sediment control narrative as required pursuant to chapter II. I -6 of the City Code. (F) Vicinity map showing the location of the site in relation to sunounding features such as streets, major thoroughfares, etc. (2) Dimensional layout plan Q-Subdivisionl-12-07 42 The dimensional layout plan sheet should show the subdivision as it would look upon completion of all construction activities. The plan sheet should ine]ude the following: (A) Existing and proposed structures, including paved areas, including parking lots, parking areas, driveways, and related curbing. (B) Zoning information (]) Current zoning classification of the propelty proposed for development. The zonlllg classification shall include a listing of any conditions to which the property is subject by reason of a zoning amendment or order of the board of zoning appeals, including the ordinance number and case number with effective dates. (2) Minimum and maxnllum yard requirements required by the zoning district. (3) Proposed use of the property and buildings. (4) Off-street parking and loading required and provided. Typica] spatial requirements for parking' space width, length and angle of parking spaces, the depth of parking lot maneuvering aisles and the width of all driveway entrances and exits. (5) Areas for required landscaping and screening, if applieab]e. (3) Erosion and sediment eontro] plan (grading plan) (A) . Existing and proposed contours at two foot (2') intervals. B) Prominent features such as' streams, ponds, rock outeroppings, springs, etc. (C) Outline of all buildings, streets and related features should also be present on this sheet. (D) All erosion and sediment control practices to be used during construction. (4) Stormwater management plan O-Subdivision 1-12-0i 43 (A) Outlines of all buildings, streets and related features. (B) All proposed storm drains and stormwater management devices (pipes, retention ponds, pits, rip-rap, etc.). (C) Calculations for stormwater runoff based on runoff to be anticipated from a ten (10) year frequcncy storm or greatcr if conditions require (see chapter 11.2, Stonnwater management, and the City of Roanoke Drainage Standards. as prepared by the Office of the City Engineer). (5) Utilities plan (A) The outline of all buildings, streets and relatcd features. (B) Plans and profiles showing thc location, design, size, depth. and grade of all existing and proposed ntilities and related easements. (6) Street plan (A) Plans ~md profiles showing thc location, design, size. and centcrline grade of all proposed streets. (I3) Cross sections of the street taken at each fifty foot (50') station and at street intersections or other points reqnired to establish the grade of the street shall be provided if reqnested by the Subdivision Agent. (C) Where any new curb cut or new street entrance is proposed, the location of all entrances and streets within four hundred (400) feet of the proposed subdivision. This skctch may be separate from the site plan itself and may be shovill at a smaller scale. In the area immediately adjacent to the subdivision the plan shall also include the street pavement width, the existence of curb and gutter or ditches, and the existence of any medians. (c) Traffic study pursuant to S31.1-400(i). (d) Cost estimates for installation of improvements pursuant to 931.1-500 of this chapter. O.Subdivi,:;ion 1-12.07 44 II. The City Clerk is requested to have filed, and retain, a certified copy of this ordinance in the Office of the City Clcrk, and to file a certificd copy of the ordinance in the Clerk's Office of the Circuit Court for the City of Roanoke. 12. This ordinance shall become effective on February 21,2007. 13. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: m'h1~ Stephanie M. Moon, CMC City Clerk ' O-Subdi\'ision 1-12-07 45 CITY OF ROAI\OKE PLAI\I\II\G BL:ILDlI\G & ECONOMIC DEVELOPMENT 21S Church ..\\'cnue. S.\V.. Room 166 Roanoke. VirJ!inhl 2...011 Telephone: (5401853-1730 hlx: (5401853-1230 [-mail: planning(~?ronnukl'\':I.J.::o\' .\n.hil..\.lur:lllh.\jl'.... Hllllrd IIU:lnlllf lllnill~ .\Plll';II~ j'l:lnninl: (:tllllllli~,i',n February 20, 2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Mayor Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: An ordinance repealing Chapter 31, Subdivisions, of the Code of the City of Roanoke (1979), as amended, and adopting a new Chapter 31.1, Subdivisions, of the Code of the City of Roanoke (1979), as amended. Planning Commission Action: On January 18, 2007, the Planning Commission, by a vote of 7-0, recommended that Council repeal Chapter 31 and adopt new Chapter 31.1, of the Code of the City of Roanoke (1979), as amended. Background: The subdivision ordinance controls any division or assembly of land, the public improvements needed when a subdivision intensifies land use, and specifies the design of such improvements. Roanoke's subdivision ordinance has not undergone a significant update since it was adopted in 1956. The five amendments to the ordinance since 1956 were relatively minor technical changes. Vision 2001-2020 called for revisions to the zoning ordinance and the subdivision ordinance so these documents would implement the policies of the comprehensive plan. City Council adopted a new zoning ordinance on December 5, 2005. Soon thereafter, work began on a new subdivision ordinance. In addition to implementing comprehensive plan policies, staff worked to coordinate the subdivision ordinance with 1 the format of the new zoning ordinance and improve organization of the ordinance. The Planning Division convened an interdepartmental group which included the Engineering and Transportation Divisions to provide input and guidance on elements of the new ordinance. The City Planning Commission reviewed the draft ordinance in two special work sessions and provided comments to staff. Following Planning Commission review, the public input phase began. A draft of the subdivision ordinance was made available publicly in early October 2006. City staff conducted an information and public input session for developers and design professionals in early November. In addition, City staff met with representatives of the Roanoke Regional Homebuilders Association (RRHBA) to discuss issues with the draft ordinance. Staff compiled comments from the Planning Commission, design professionals, RRHBA, and other City staff, and responded to each comment with a recommended response. The proposed subdivision ordinance has been updated to reflect recommended changes. The Planning Commission held a public hearing on the proposed ordinance on December 21 ,2006. The Planning Commission closed the public hearing and discussed revisions to the proposed ordinance with staff at its work session on January 5, 2007. Staff responded to comments with revisions noted later in this report. Considerations: The Subdivision Ordinance consists of six articles and two appendices. Article I contains general provisions related to the purpose and intent and how the ordinance is applied. Article II contains the procedures for the review and approval of subdivision plats and site plans. This article has three notable features: . Subdivisions are classified as either "minor" or "major." Minor subdivision is defined as a division of land resulting in two lots, combination of lots into one or two lots, or relocation of a boundary line. Any other action ;s classified as a major subdivision, which would require an accompanying subdivision site plan. . Review periods are significantly shorter than the Code of Virginia allows. Roanoke provides a review time of 15 days for an initial application and 10 days for a resubmittal. The Code of Virginia allows 60 days for an initial application and 45 days for review of a resubmitted application. . The proposed ordinance changes the manner by which exceptions to the ordinance are made. This section tracks closely with the authorization provided by the Code of Virginia and specifies criteria which may be used to justify the need for an exception. 2 Article III, Subdivision Layout, contains regulations regarding the layout of lots, streets, and alleys. A notable feature of this article is section 31.1-301, which is intended to promote street connectivity and facilitate future development of adjacent parcels. This article also provides for a developer to partially fund off-site improvements such as streets and utilities, where a new development generates the need for improvements. Article IV, Required Improvements, enumerates the public improvements which may be needed as part of a subdivision. Design features of local streets are specified. Where certain features are not specified, they are controlled by VDOT standards. The type of improvements required depend on the situation and zoning district where the subdivision takes place (e.g., sidewalk would not be required along an existing street in a suburban or rural location). To improve the design of new streets and help meet Roanoke's tree canopy goals, street trees have been added as a required element of streets. Article V, Performance Guarantees, Schedule, and Inspections, contains provisions for obtaining guarantees that the subdivider will perform the public improvements required as part of the subdivision process. Article VI provides for the administration of the ordinance. Enforcement and administration is delegated to a subdivision agent elected by the planning commission. Appendix A contains the definitions of certain terms where they have a specialized meaning as used in the ordinance. Otherwise, terms have their "commonly accepted" meanings. Appendix B contains all the submittal requirements for various types of plats and site plans. Like the new zoning ordinance, these are placed in an appendix for the convenience of the user. Considerations - Comprehensive Plan Because the subdivision ordinance specifies how new streets are to be laid out and designed, it directly implements many of the policies and actions of Vision 2001-2020, particularly those related to City Design: . Change zoning, subdivision, and other development ordinances to include revised street design principles. (IN A5) . Interconnected street systems should be encouraged in new development. (IN P2) . Roanoke will maintain and increase its tree canopy coverage as a way to improve air quality. (ECP6) 3 . New residential development should incorporate traditional neighborhood principles rather than suburban patterns. (City Design) . Street improvements within suburban neighborhoods should focus on greater vehicular connection, pedestrian amenities, and reduction of pavement width. (City Design) . Sidewalks should be provided on both sides of streets, and should be separated from vehicle travel lanes by street trees and on-street parking lanes. (City Design) . All streets should have sidewalks and should be lined with trees. (City Design) . On-street parking should be encouraged. (City Design) . Pavement should be kept to the minimum width necessary. Narrow vehicle travel lanes should be used to discourage speeding. (City Design) . Curb return radii should be the minimum necessary as shorter radii reduce street crossing distances for pedestrians. . Planting strips between a curb and a sidewalk should be used to accommodate street trees. The proposed subdivision ordinance will align Roanoke's code with the Code of Virginia as it relates to subdivision regulations (S15.2-2240, et seq.). The Code of Virginia (1950), as amended, requires every local government to adopt a subdivision ordinance and specifies certain mandatory provisions of a subdivision ordinance. Virginia Code also specifies a number of optional provisions for a subdivision ordinance. Staff reviewed each of these mandatory and optional provisions to ensure the proposed subdivision ordinance meets all regulatory requirements and that all provisions of the proposed subdivision ordinance are properly enabled. In response to comments received at the public hearing and from Commissioners during the work session on January 5. 2007, staff made the following amendments to the public hearing draft: 1. Revised Table 400-1 Required Street Improvements, to allow the subdivider to install small deciduous street trees in the CN and D district. Such allowance is at the discretion of the Subdivision Agent where the subdivider can demonstrate the area between the right of way and the front of the buildings abutting the property line is inadequate for the growth (canopy spread) of large trees. 2. Revised Table 400-2 Required Street Improvements: Specifications and Dimensions for Local Streets, to allow for a reduction in the minimum sidewalk width to four feet in the R-12 and R-7 districts, where the ADT of the street is less than 1,500. 4 3. Revised Table 400-2 Required Street Improvements: Specifications and Dimensions for Local Streets, to reduce the maximum crossing distance to 20 feet for a street with a projected ADT of 1,500 to 4,000. 4. Revised language in Appendix B Submittal requirements, to specify that floodplain and floodway areas are "approximated," and require that area calculations express square feet in whole numbers. Staff explored concerns raised by the RRHBA regarding the arrangement of side lot lines and believes that this issue is more a function of the zoning ordinance and specifically, how the required frontage of cul-de-sac lots is determined and the relationship of this regulation to determination of minimum and maximum yard requirements. Accordingly, staff will recommend options for amending the text of the zoning ordinance to address this issue. Staff recommended that the current language of Section 31.1-300(e) of the draft subdivision ordinance be adopted as written. Recommendation: The Commission finds that the proposed subdivision ordinance is consistent with and will further the intent of Vision 2001-2020, the City's comprehensive plan, and recommends that Council repeal Chapter 31 and adopt new Chapter 31.1, of the Code of the City of Roanoke (1979), as amended. Respectfully submitted, ~"~Mr Roanoke City Planning Commission cc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney 5 . The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -. - - - - - - - - - - - - - - - + - - - - - - - - - - - - - - - - - - - - - - - - MARY F. PARKER CITY OF ROANOKE CLERK'S OFFICE 215 CHURCH AVE SW RM 456 NOEL C. TAYLOR MUNICIPAL BLDG. ROANOKE VA 24011 REFERENCE, 32143302 10087665 NOTICE OF PUBLIC HEA State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher.of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates, City/County of Roanoke, Commonwealth/State of Vt.f~inia. Sworn and subscribed before me this __~__day of February 2007. Witness my hand al1 of~iCial sea~ ~ ~~_ :.._ __ _ ,_ 'ot ,. ublic My com~sio~L re ~.J+_i{ga____. .' , - " .. " , ,PUBLISHED O~!, 02/02 02/09 .J ;.:11,\ .... . \ \'. TOTAL COST, FILED ON, 2,138.90 02/09/07 ...~. .Cdk.ch..J...... - ------ -------- - ------- - ---- ----- - - --------------- Authorized t~' ;t7 Signature,__ ~;t~-- (""';, ::; -c " C'- ", '" Billing Services Reprepentative .-<::,", '::1 '1'1 rn 0:1 1--'- cr", ~ .s. r'J 01 n":l :NimCEotPUBLlC ::'" HEARING ...~'_. The Council of the City 01 Roanoke will hold a public hearing on Tuesday. Februmy 20. 2007. at 7:00 p.m"orassoonther"eafltlr as the mailer may be ticard, in the CounCil Chamber, fourth floor. In the Noel C. Taylor Municipal Building. 215 Church Avenue. S.w., "Roanoke, Virginia. 10 consider the lollowing: Request from the City of Roanoke Planning Commission to repeal Chapter 31, Subdivisions. of the Code 01 the City 01 Roanoke. ( 1979), as amended. and to adopt a new subdivision ordinance forthe City of Roanoke, Chapter 31.1, Subdivisions. . olthe Code 01 the City of Roanoke (1979), as amcnded,whlch is described In general as follows: Article I. General Provisions. . Sections 31.1-100 through 105. Sets lorth the title of the ordinance and the general purpose of the subdivisIon ordln,lnce:coordlnatesthe' subdivision ordinance with other regulations of land development; requires that a, plat be:lpproved before It Is recorded and that such plat be recorded before land is subdivided: and provides that nothing in the ordinance oblil!:atesthe City to pay for. any imprOyementsand t!1at certninpcrmitsshall not be issueduntllnppropriate approvals are given. I Article II. Procedures. Sections 31.1-200 through \ 210. . Sets forth the protedureslor submittal 01 a concept plan ;and <l preliminary plat, as, :well aSlhc requirements 01 a subdivision site plan: p' 0 v ide s for two classificotions 01 subdivision. minor and mnjor. nnd specihes conditions under whlth a subdivision site plan '.is required; dclinesa minor subdivision as any subdivision which divides a, single parcel into two' parcels. relocates boundary lines, or vacates one or more bound<lry lines which results I In the creation of one or two lots: defines a major' subdivision as any' subdivision which divides a: sln~~ parcel Into three or more-liiis.-;'hiCh Y<lcates one or more boundary lines. resulting in three or more lots. or a series of minor subdivision apphc<ltions which results from a sefles of subdivisions under certain circumstances: setsforlh'. procedures and deadlines fori review ot a concepl plan. II and preliminarvand final subdiviSion plats and plans, as well as reviSion or vacn.tionolan approved plat: provides for consequences I of lailure to record an approved plat and the effect of recording an approyed pl<lt with respect tol nghts-{lf-wayand east:ments: sets 10rlh the periOd of. validity for subdivision plats under certain conditions:' prOVides that the subdiviSIon agent m<lygrant ellccptlons to the general regulations of the subdivision ordinance in unusual situations or when strict adherence to the general regulations would result Insubstanllal IOjustice or h;:udship, such as when stC'Cptopography. or narrow or irregular partels. natural Ifealures. such as watercourses, flood plains, floO~ways or fOTeste~ ar~as'I' or Irregul<lr e....lstlng development patterns,' including street patterns'l which surround a parcel. e~island which may warrant an e....ception: and sels forth' the procedure for requesting anellcepUon. Article III. Subdivision Lavout. . Secllons 31.1.300 through 302. Requires complinnce with the zoning ordinance and requires design which occommodates the proposed land uses: requires lots to haytl access to the public street system either by direct .frontage, private slreets. or Shared drivewa'is, and to have access to public waler and sanitary sewer: requires Side lot lines to allow minimum and m<l~imum yard reqUIrements: e~empts areas designaled lor purposes other than building from di menslonill requirements and street Irontagerequirements: prohibits creation of lots divided by the corporate limits of the City: contains ' .provisions requiring new' 'streets'ln's subdIvision to iextendand Improvee~lsting ISlreel rights-of-way adJoining the property to be subdivided and 10 have temporary term. ilnallon of streets when a: inew subdivision adjoins lundevelopedland:pro'iides' Ilor 500 foot ma~imum. street length belween intersectIOns and e~ception$ ,from such II requirement:' provides for design and construction of types 0 f a street terminus and the. naming of streets and. .erectlngstreetnOlmesigns' .and traffIc control signs and devices at the e~pense of the subdivider: allows 'establishment 01 alleys <Ind private streets under certain ,circumstances snd jprovisions for the subdiVider ,to pay a pro.rat<lshare for l.oH.slte Improvements for sewer, waler. and drainage facilitles,undercertaln circumstanccs:_ .. .__ I --Article IV: Required improvemenls. Sections 31.1-400 through 404. SelS forth specific street design and conslruclion standaTdsfor streets wit~ a projected Average Dally Tr,lffic of 4.000 or less and provides that any other streel not othcrwlse set forlh in the ordinance shall be go ve r n e d by V D.OT Subdivision Street DeSign Requirements. 2005: requires.stree.t improvements. such as paving. cur b s, g u tl e ~ s . planted strips. trees.lIghtmg and sidewalks. In subdivisions in certain zonlngdlstritlS for certain subdlyiSlonsaccordmgtolhe conditlonorlotDtlonotthe Isubdlvlsion:setsforth '\S pe c If i c a I! 0 n s ~ n d dimensions tor reQul!ed street improvements: permits a reduced-width right-of-way under cert:lln !Clrcumstances whele pelpetualmalntenanceol the sidewalk and plDnled stripSareprov;dedforbyan owners assoti<ltion: sets forth specifications tor st~eet trees including the locatIon, number,sPDCing, species, minlmums;ze atplDntlng. and method of pl<lntlng: conllllnsprovisionsfor coordinating layout and design of street lights and the g r a din g 0 f I 0 ~ san d streets belween driveway locations and the buildable portions of Il>!s: contai.ns proylsionsrelatlOg to design ofaccessromai~tain thel cross slope of the sidewalk: sets forth provisions requiring a traffic Impact study where a cert<lin 'iolumeoflmlficlndicate!o the neea for such il study: Isels lorlh standards of :wldth. curb, gutter, grade, . cross slope and pavement I depth for alleys to be used Iforsolid waste collection: I' contains standardS for I IOC<ltion and construcllon of lutllilles. including requiring .the installation of utili lies underground in all new street dedications: references Chapters 11.1, Erosion and Sediment Cont. rol. and 11.2. Slormwatcr Management. of the Cit~ Code as applicable 10 land disturbing activities and stormwDter man<lgement in ISUbdivl!olons:reqUireS eroSIOn and sedlmenl control 'measures and on-sile drainClgr.foclllties where a .subdivision may have an iadverse impact on c(lOditions In the surrounding <lrea: and proyldes minimum standards for public dminage <Indwater and sewer easements. Article V. Performance guaranlees. schedule, and inspections. Sections 31.1.500 and 501. Sets forth provisions fOI obtaining perlorm<lnce guarantees from the subdividerw hen a subdiyislon requires, installation of public' Improvements, such ns streets, utilities, stormw<lter facililies. or erosion <lnd sediment control measures: and selsforth the content and con'dltions for a land subdivider's agreement. the 'method. amount and form of a performance guarantee, the content <lnd conditions of amalOtenance agree. ment for stormwater management f.Jcilities. provisions lor the release of guaranlees as improvements are co'mpleted by a subdivider. and the ~onditicins for accept<lnce of I public Improyementsand a tullre!e~ofguaranlees._ - Aiticle'VCAdministration-j \Sectlons 31.1-600 through \ ;60~ets forlh provisions 101 Ithe appointment of a subdivision agent and the SubdivijO,ion agent's dUIYtO\ . administcr and cntorcethe I subdivision ordinance: sets Iforth,lhe'procedure1or amendment 0.' the \SUbdiviSlon ordinance \ thrOu!;'t1thePlan Comm- ission and City co':!ncll: establishes the p~~allles lor ! v'o'at;n~ the subdiVISion \ordinance of up to 5500.00 \ under certain circumstances: and provides I or th e I designatiOn o.I.<Ipproval I entiticsfor.subdlVlslon plats. \SUbdIViSlonSitePlans,-and\ e~ceplions: and sets f.orth review fees lor a ml~or subdivisIon plat. the vacat~on !ol a plat, and a maJoI \SUbdiVislon plat and.p!an. APpendi~ A. Deflnltlons. Provides for dl:llinltions ~f ,certain terms used In ,Chapter 31.1. . Appendh B. submltt.J1 ,Requirements. . Sets forlh pr.ovislons.lor :materials and lnlormatl~n itnat must be submllted In order to provide a complete \ 'applicationlorapprovalofa prelimlnnrysubdivlsion pl~t, a prcllminary subdivision site plan. a IInal subdiv~slon 'pl,lt. \ and alinalsubdlvlslonSI\l:l 'plan: A copy of Ihe propose.d 'subdlvislon ordinance lS aVDilable for review in thel Office of the City Clerk, \ Room 456, No.el .C. Tnvlol Municipal BUlldlOg. 215 Church Avcnue..S.W., Roanoke.Virgini.l. All parties in Inlerest and \ citizensmay;)ppear on the above date and be heard on the matter. If you are a per!';on with a dlsabilltywhol needs accommodatlons tor Ihis hearing, please contact the City Clerk's Office. at 853-2541: bel ore noon on the Thursday before the dale oflhe hearing listed above. GIVEN under my hand lhls 31stdDyof January. 2007. Stephanie M. Moon, CMC . . ActingCityClerk (~0087~6:5) _:....:....:.....-. ' 9~ '~~,\, ~OTICE OF I'UlLIC I I Ei\R.I:'-JG The Councilor the City or Roanoke II ill hold :\ public hcaring on Tucsday. Fehruary 20, 2007. at 7:00 p,nl.. or as soon therealkr as the matter may he heard, in the Council Chamhcr. f'ourth !l001', in thc Noel C. Taylor i'vlunicipal Building. 215 Church i\\"enue. S,\\-'.. Roanoke, Virginia. to Cl)nsi,kr th(' Illlluwing: RcqueO't li'om the City or R(lanllkl' Planning Commission 10 repeal Chapter "I, Subdi\"isiun,;, llr thc COlk or Ihe City or Roanoke. (I '!7'J,l. as amend('d, and to adopt a ncw subdivision ordinancc li)(' thc City ur Roanuke. Chapter 31,1, Subdivisions, or the Codc or thc City uf Rl)anoh' (I (n'!), as ,ullended, II hicb is describcd in general as l'ollows: ,-\rticle I. General Provisions. SCl'tions 31.1-100 through 1 OS. Scts f'orth the titk or the ()rdinance and the general purpuse or the subdivision ordinance; cll<.lrdinates the subdivision (lrdinance with other regulations or land de\"elopmcnt; requires that a plat be' appro\'ed bell)re it is r('e,mlcd and that SUL'll plat be rec(l\'(kd bel'on~ land is subdivided; and provides that nothing in the (lrdinance' obligates the City to pay fill' any impro\"ements and that ccrtain permits shalll1l't be issued until appropriatl' :\ppro\"als are given, Artide II. Procedurcs. Sections 31.1-200 through 210. Sets li)rlh the prueedures lilr submittal or a concept plan and a prelinlinary plat, as well as the requirements or a subdivision site plan; prllVides lor two classilications or subdivision, minor and major. and specilles conditions under which a subdi,"isioll sit~ plan is r('quirl:'d; ddill('s a lllilhJr subdi\"isioll as all)' subdivision which divides a single parcel into two parcels, relucates boundary lincs, l)r vacates one or more boundary lines which r,'sulls in the creation or one or tw" luts: delincs a maj(lr subdi\'ision a;; :Ul\" subdi\'isilln which di\'idcs a sin~1e ,- , parccl into three ,lr n1llrl' ItltS, which vacates une or more boundary lines, resulting in thrl'e ur morc lots, or a series or minor subdivision applications which results rronl a series or subdi\ isions under eerlain circumslances: sets fOrlh procedures and deadlines for review or a concept plan, and pn:liminary and final subdivision plats and plans. as well as revision or vacation or all appmvcd plat; provides Il)" cO!l>;cqucnces of t:lilure 10 reclll'll an appn.>ved pial and Ihe effecl of recording an approvcd pial wilh respecllo righls-of~Il'ay and eascmcnls; selS lorrh Ihe period of validity for subdivision plats under eertaiu conditious; provides that the subdivision agent may grant exceptions to thc general regulations <If the subdivisilln ordinance in unusual situations or when strict adherence to the general regulations would result in substantial injustice or hardship, such as when steep topography, or narrow or irregular parcds, natural Ii::atures, such as waten:l.>urses, 1100d plaius, l100dways <II' forested areas, or irregular existing developluent patterns, including street patterns, which surround a parcel. exist and which may warrant an exceptilln: and sets le)rth the procedure le.>r requestiug an exception, ,-\rlid~ II L Suhdhision Layout. S~~tillns 31.1-300 through 302. Requirl's complianee Il'ith the loning ordinanc,' and rl'qllires design Il'hich aeeollullodates the prop'Jsed land uses: requires I,)ts to have access h) the public street system either by dir,'ct frontage. privatc streets. or shared drivl'll'ays. and to hal'c access III public water and sanitary sewer: requires side lot liues t(1 allow minimum and maximulll yard requircmcnts; ('.\Clllpts areas designated t~)r purposes other than building li'om dimensional requirements and Slreet frontage requirements: prohibits creation of lots dividc'd by the corporate limits of Ihl' City: contains provisions requiring new streets in a subdivision to extend and imprllvc existing street rights-ol~way adjoining thc property to be subdivided and to have temporary termination ()f strcets when a new subdivisio'n adj<.lins undeveloped land: provides for son It.>ot maximum street length between inlersecti<.lns and exceptions fn,l[ll such a requiremeut: pnll'ides for design aud coustruction of types l)f a street terminus and the I1tllning of strec:ts and crecting stred nam(' signs and trame control signs and dcvices at the expl'nsc of the subdivider: allows establishulent of alkys and pril'ate streets under eenain circumstances and provisi,)ns for the subdil'ider to pay a pro-rata share 1(,1' l,n~site improvements lelr sC'wer. water. and drainage racililies~ under certain circulllstances. Artkk IV. RCl"luircd improH'mcnls. Sl'ctions J 1.1-400 through 404. Sets lorth specilic street design and cOllstrul'lion standards It)r strects with a projcel<'d Al't'rage Daily Traffic llf4.fJ()O "I' less and provid~s Ihell any other street not otherwise set I('nh in the ordinance shall be gOl'crned by VDOT Subdivision Street Design Requirements, 2005: requires street improvements, such as paving. curbs, gUllers, planted strips. trees. lighting and sidewalks. in subdivisi,'ns in certain 7.Onin~ districts 1.,1' certain subdivisions accord in'! to the conditi"n or ~ '~ location of thc suhdivision: sets I.)nh specilicati,)ns and dimensions le)r required strect impnwemc'nts; permits a reduced-width right-"I~way under certain circumstances where perpelualmaintcnan~\.' of the sidewalk and planted slrips ar~ pruvid('d ll"U" by :l.1l o\\'I1('r"s assOCi~l1i(ln; Sets ti.H"lh :-:pecilicalinns for slrL'd lrl'l'S. including the 10cati'lIl, number. spacing. species. minimum size at plallling. and method oj" planting: contains provisions lor coordinating layout and design of strcet lights and the grading of lots and streets between drivcway locations and the buildable ponions Ill' lots: l'ontains pro,.isions relating to dcsign of access to maintain tbe cross slope Ill' the sidcwalk; scts fcmh provisions requiring a tranic impact study where a certain volume of traflic indicates the need for such a study: sets Ic)rth standards of width. curb, guttcr. gralk. cross slope and pavcnlent depth lor alleys to be uscd for solid wastc collection: contaius standards Iclr location and construction of utilities, including rl'qulrtng the installottion of utilities underground in all ncw strcet dedications; references Cbapters 11.1, Erosion and Scdimcnt Control. and 11.2, Stonmvater \oJanagL'nleJll. of the City Code as applicable 10 land disturbing acti,.ities and stonllwater nlanagelllent In subdivisions: rL'quircs ertlsion and sediment c<.lntrolmeasures and on-site drainage I~lciliti<'s where a subdivision may bavl' an adverse impact on couditillns in the surrounding area: and provides minimum standards for public drainage and wail:r i.lnd st;:\\'cr l:i.lSC'IllC'llts. Article V. Performance guarantees, schedule, and inspections. Sections 31.1-500 :lIId 50 I. Sets liJrth pl"llvisions lor obtaining perll.lnllanCe guaralltees Ii-om the subdivilkr when a subdivisillll rcquires installation of public improvements, such as strel'ls. utilities. stllnllwater t;lCilities. or crosion and sediment controlmeasurc's: and Sl'lS IClrth thc c(lntelll and conditions lill- 'I land sub,lividcr"s agrcemenl. Ihl' ml'thud. am(1UIll and !onn of a pl'rllll"lllanCe guaraulCe. the c()ntcnt and conditions of a maintenance agrcclllcnl (<:.lr storll1\\'i.Iter llli.lnag('1I1C'1I1 I~lt.:ililies. provisiolls for the rei case 1)1' guarantees as improl.emL'll1s are Cl.lmpkled by a subdividl'r. and thl' conditions tl)r acccptancc of pub lie improvements and a full rcleasc ofguarantecs. A,'lide VI. Administnllion. Sections 31.1-6UU thrllugh 6U4. Scts IClrth provisions Illr the appointmcnt of a suhdivisi"n agent and the sllbdi\'i:-;i~ln agL'Ilt's dUlY hI i.H.lmillish..T ~lI1d l'nr~.lI"l(' the sllhdi\'i~iull tlJ-din<"lncl...'; SL'b lorth the procedure Ic1r :ulleudment of the subdivision ordinaucc tllrllllgh the Planning Commission and City Council: cSlablishes the penalties lor violating Ihe subdivision ordinance oj" lip to S5I.1U.OO under cl'rtain circumstances; and provides fix the designation <.If approval entities lor subdivision plats, subdivision sitc plans. and cxceptions: and sets 1l1rth rc,.icw fces Iclr a minor subdivision pl'lt. the vacation oj" a pial. and a major subdivision plat and plan. Appendix .-\. Definitions. ProVilks Ic)r lktinitions of certain terms used in Ch~lptl'r 31.1. Appendix U. Suhmillal Requirements. Scts lorth provisions Ii)!" materials and inlorlllation that must be snbmitted in order to pro\.ide a complete application lor approval of a preliminary subdivision pial. a preliminary subdivisi"n site plan, a tinal subdivisi<..>n pial. and a lined subdi\.isil.)n site plan. A copy Ill' the proposed suhdil.ision ,)rdinance is available 1l1r rCI'iell. in the Onice of the City Clerk, Room 45<;.1\<">1'1 C. Taylor rvlunicipal Building. 215 Church Avenue, S, Woo Roanoke. Virginia. All parties in interest and citizens may appcar on the ab<.lve dat~ and be hl'ard ,)11 the matter. II' you are a pers(1n I\.ith a disabilitl IdlO needs acc<..>nnnlluati'lIls Iclr Ihis h~aring. please ~<.lntaetth~ City Clerk' s Onicc. at X5.~-2541. belclre noon on the Thursday hel'.lre the date of the hearing lisled above. GIVEN under my hand this 31st day of January .2U07, Stcphani~ M. M(hlll. CMC /\l,ting City Clerk Notice to Publisher: Publish in the Roanoke Times once on Friday, February 2,2007 and Friday, February 9, 2007. Send bill and affidavit to: Stcphanie M. Moon. Acting City Clerk 215 Church Awnue, S. W, Roanoke, Virginia 24011 (540) 853-2541 NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING COMMISSION TO WHOM IT MAY CONCERN: Pursuant to the provisions of ~~ 15.2-2204 and 15.2-2251, Code of Virginia (1950), as amended ("Code of Virginia"), the Planning Commission of the City of Roanoke will hold a public hearing on December 21, 2006, at 1 :30 p,m., or as soon as the matter may be heard, in the Council Chamber, Fourth Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia, in order to consider an ordinance repealing Chapter 31, Subdivisions, of the Code of the City of Roanoke (1979), as amended ("City Code"), and adopting a new subdivision ordinance for the City of Roanoke, Chapter 31.1, Subdivisions, of the City Code. Chapter 31.1 of the City Code will apply only to subdivisions of land which are applied for and approved after Chapter 31.1 is effective and will have no effect on previously approved subdivisions or subdivision plats submitted for approval prior to the adoption of the new ordinance, Complete copies of the text of the proposed Chapter 31,1 may be viewed at: Department of Planning Building and Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia; Roanokeva.gov - the official website of the City of Roanoke. A descriptive summary of proposed Chapter 31.1, Subdivisions, follows: Article I. General Provisions. Sections 31.1-100 through 105. Sets forth the title of the ordinance and the general purpose of the subdivision ordinance; coordinates the subdivision ordinance with other regulations of land development; requires that a plat be approved before it is recorded and that such plat be recorded before land is subdivided; and provides that nothing in the ordinance obligates the City to pay for any improvements and that certain permits shall not be issued until appropriate approvals are given. Article II. Procedures. Sections 31.1-200 through 210. Sets forth the procedures for submittal of a concept plan and a preliminary plat, as well as the requirements of a subdivision site plan; provides for two classifications of subdivision, minor and major, and specifies conditions under which a subdivision site plan is required; defines a minor subdivision as any subdivision which divides a single parcel into two parcels, relocates boundary lines, or vacates one or more boundary lines which results in the creation of one or two lots; defines a major subdivision as any subdivision which divides a single parcel into three or more lots, which vacates one or more boundary lines, resulting in three or more lots, or a series of minor subdivision applications which results from a series of subdivisions under certain circumstances; sets forth procedures and deadlines for review of a concept plan, and preliminary and final subdivision plats and plans, as well as revision or vacation of an approved plat; provides for consequences of failure to record an approved plat and the effect of recording an approved plat with respect to rights-of-way and easements; sets forth the period of validity for subdivision plats under certain conditions; provides .. that the subdivision agent may grant exceptions to the general regulations of the subdivision ordinance in unusual situations or when strict adherence to the general regulations would result in substantial injustice or hardship, such as when steep topography, or narrow or irregular parcels, natural features, such as watercourses, flood plains, floodways or forested areas, or irregular existing development patterns, including street patterns, which surround a parcel, exist and which may warrant an exception; and sets forth the procedure for requesting an exception, Article III. Subdivision Layout. Sections 31.1-300 through 302. Requires compliance with the zoning ordinance and requires design which accommodates the proposed land uses; requires lots to have access to the public street system either by direct frontage, private streets, or shared driveways, and to have access to public water and sanitary sewer; requires side lot lines to allow minimum and maximum yard requirements; exempts areas designated for purposes other than building from dimensional requirements and street frontage requirements; prohibits creation of lots divided by the corporate limits of the City; contains provisions requiring new streets in a subdivision to extend and improve existing street rights-of-way adjoining the property to be subdivided and to have temporary termination of streets when a new subdivision adjoins undeveloped land; provides for 500 foot maximum street length between intersections and exceptions from such a requirement; provides for design and construction of types of a street terminus and the naming of streets and erecting street name signs and traffic control signs and devices at the expense of the subdivider; allows establishment of alleys and private streets under certain circumstances and provisions for the subdivider to pay a pro-rata share for off- site improvements for sewer, water, and drainage facilities, under certain circumstances. Article IV. Required improvements. Sections 31.1-400 through 404. Sets forth specific street design and construction standards for streets with a projected Average Daily Traffic of 4,000 or less and provides that any other street not otherwise set forth in the ordinance shall be governed by VDOT Subdivision Street Design Requirements, 2005; requires street improvements, such as paving, curbs, gutters, planted strips, trees, lighting and sidewalks, in . subdivisions in certain -zoning districts .for-certain -subdivisions. according to the condition or location of the subdivision; sets forth specifications and dimensions for required street improvements; permits a reduced-width right-of-way under certain circumstances where perpetual maintenance of the sidewalk and planted strips are provided for by an owner's association; sets forth specifications for street trees, including the location. number, spacing, species, minimum size at planting, and method of planting; contains provisions for coordinating layout and design of street lights and the grading of lots and streets between driveway locations and the buildable portions of lots; contains provisions relating to design of access to maintain the cross slope of the sidewalk; sets forth provisions requiring a traffic impact study where a certain volume of traffic indicates the need for such a study; sets forth standards of width, curb, gutter, grade, cross slope and pavement depth for alleys to be used for solid waste collection; contains standards for location and construction of utilities, including requiring the installation of utilities underground in all new street dedications; references Chapters 11.1, Erosion and Sediment Control, and 11,2, Stormwater Management, of the City Code as applicable to land disturbing activities and. stormwater management in subdivisions; requires erosion and sediment control measures and on-site drainage facilities where a subdivision may have an adverse impact on conditions in the surrounding area; and provides minimum standards for public drainage and water and sewer easements. Article V. Performance guarantees, schedule, and inspections. Sections 31.1-500 and 501. Sets forth provisions for obtaining performance guarantees from the subdivider when a subdivision requires-installation of public-improvements, such as streets, utilities, stormwater facilities, or erosion and sediment control measures; and sets forth the content and conditions for a land subdivider's agreement, the method, amount and form of a performance guarantee, the content and conditions of a maintenance agreement for stormwater management facilities, provisions for the release of guarantees as improvements are completed by a subdivider, and the conditions for acceptance of public improvements and a full release of guarantees. Article VI. Administration. Sections 31.1-600 through 604. Sets forth provisions for the appointment of a subdivision agent and the subdivision agent's duty to administer and enforce the subdivision ordinance; sets forth the procedure for amendment of the subdivision ordinance through the Planning Commission and City Council; establishes the penalties for violating the subdivision ordinance of up to $500,00 under certain circumstances; and provides for the designation of approval entities for subdivision plats, subdivision site plans, and exceptions; and sets forth review fees for a minor subdivision plat, the vacation of a plat, and a major subdivision plat and plan, Appendix A. Definitions. Provides for definitions of certain terms used in Chapter 31.1, Appendix B. Submittal Requirements. Sets forth provisions for materials and information that must be submitted in order to provide a complete application for approval of a preliminary subdivision plat, a preliminary subdivision site plan, a final subdivision plat, and a final -subdivision site-plan, ____. _ .m__ _.. _ m_. __ . . _____ .. Questions should be directed to the Department of Planning Building and Development at 853-1730. All parties in interest may appear on the above date and be heard on the questions. If you are a person with a disability who needs accommodations for these public hearings, please contact the Department of Planning Building and Development at 853-1730, by 12:00 noon on the Monday preceding the date of the public hearings. . Martha P. Franklin, Secretary Roanoke City Planning Commission Please publish in Roanoke Times on Tuesday, December 5 and 12, 2006. Please bill and send affidavit of publication to: Martha p, Franklin Department of Planning Building and Development Room 166, Noel C, Taylor Municipal Building 215 Church Avenue, SW. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue'. S. \V., Room 450 Roanoke. Virginia 24011-t5J6 TdC'phon~~: t5..tOl 85:1 2541 Fax: (5-l-Ui g,3.1145 E-mail: l:lcrk@roan()k~'\'a.g(l\' SHEILA N. IIART\1AN ..\~$ist:ml City Clerk STEPHANIE M MOON. CMC City Clerk February 22, 2007 File #S14 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 37693-022007 permanently vacating, discontinuing and closing a certain portion of Madison Avenue, N. E., and a portion of Courtland Avenue, N. E., located at the corner of Orange Avenue, N. W., and Williamson Road, N. E. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 20, 2007, and is in full force and effect upon it passage. Sincerely, ~1n.WJo~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: The Honorable Brenda S. Hamilton, Clerk of Circuit Court Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget Susan S. Lower, Director, Real Estate Valuation Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer Steven J. Talevi, Assistant City Attorney "''''~1 '\X 1:\1 THE COUNCIL OF THE CIT)' OF ROANOKE, VfRGINTA The 20th day of February, 2007. No. 37693-022007. AN ORDINANCE permanently vacating, discontinuing and closing portions of cerlain public rights-<.lf-way in the City of Roanoke, as more particularly described hereinailer; and dispensing with the second reading by titlc of this ordinance. WHEREAS, the City of Roanoke filed an application to thc Council of the City of Roanoke. Virginia ("City Council"), in aecord~uKe with law, requesting City Council to permanently vacate, discontinue and e10se portions of certain public rights-of-way described hereinafter; WHEREAS, the City PlalUlillg Commission, afler giving proper notice to all concerned as required by ~30-14. Code of the City of Rl1anokc (1979), as amended, and aner having c.onducted a public hearing on the matter, has made its re.commendation to Council; WHEREAS, a public hcaring was held Oil such application by City Council on February 20, 2007, after due and timely notice thereof as requircd by ii]0-14. Codc of the City of Roanoke (I <)79), as amended, at which hearing all parties in interest and citizens were atJorded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that thc land proprietors affected by the requested c.losing of the subject public rights-of-way hal'e becn properly notified; alld WHEREAS, from all of the loregoing, City Council considers that no inconvenience will result to any individual or to the public from pemlanently vacating, discontinlling and closing such public rights-of-way. (J. Ciry-i\ I:.:di:-;~'I~-C i \'iCCCllLC,-Ct'lln]a;~J-Oran~{;- Wi; I iJlr:'::l1rl .....at.<.:lc THEREFORE, BE IT ORDAINED by the Council of the City of Roanllke, Virginia, that the public rights-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That certain portion of Madison Avenue, N.E., said light-of-way currently being used as an access to the Roanoke Civic Center parking lot; and a portion of Courtland Avenue, \I.E" located at the comer of Orange Avellue, N.W" and Williamson Road, N.E., said pOl1ion of Courtland AVCllue eUlTently being used as a parking lot for thc Roanoke Civic Center. be, and are hereby pemlanently vacated, discontinued and closed, and that all right and interest of the public in and to the same bc, and hcreby is, released insofar as City Council is empOlvered so to do with respect to the closed rights-of-way, reserving however, to the City of Roanoke and any utility company or public authority, including, specifically, without limitation, providers to or for thc public of cable telcvision, electricity, natural gas or telephone service, an easement for sanitary sewcr and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across such public rights-of-way, together with the right of ingress and egrcss for the maintenance or rcplacemellt of sllch lilles, mains or utilities, , such right to illclude the right to remove, without the payment of compensation or damages of 'my kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the casement which impede access for maintenance. or replacement purposes at the time such work is undertaken; such easement or easements to tenninate upon thc later abandonment of use or penn anent removal from the above- described public rights-of-way of 'my such municipal installation or other utility or facility by the owner thereof O-City-M ad:son-CivicCeTller-CClurtland-Orar.ge_ Wi!lillmson vacate BE IT FURTHER ORDA!1\'ED that thc applicant shall plant 10 strcet trees on the section of Courtland A venue to he vacated. BE IT FURTHER ORDAI1\iED that the applicant shall suhmit to the Subdivision Agellt, receive all rcquired approvals of, and record with thc Clerk of the Circuit Court for thc City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise dispose of the land withill the rights-of-way to be vacatcd ill a m,urner consistent with law, and retaining appropriate easements, together with the right of illgress and egress over the same, for the installation and maintenancc of any and all existing utilities that may bc located within thc rights-of-way. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, dcliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordatioll where dccds are rccorded in such Clerk's Office, indexillg the samc in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the applicant, amI the names of any othcr parties in interest who may so request, as Grantees, and pay such fecs and charges as are rcquired hy the Clcrk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of thc City of Roanoke, Virginia, where decds are recorded in such Clerk's 011ice, tile with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demollstrating that such recordation has occurred. BE IT FURTHER ORDAINED that if the above conditions have not becn met within a period of twelve (12) months from the date of the adoption of this ordinance, O-City-Mad:son-CivicCenter-COUll]and-Ofll1:ge_ Wi] liamson vacate thell such ordinance shall be null and void with no further action by City Counci I being necessary. BE IT FIN ALL Y ORDAINED that pursuant to the provisions of S 12 of the City Charter, the second reading of this ordillance by title is hereby dispensed with. ATTEST: /'n. n,~ Stephanie M. Moon, CMC City Clerk. O.City-M:!.dison-CivicCent('r.Courtland.O~ange. Williamson vacate CITY OF ROA~OKE PLAJ\J\I:\G BULDI;\G & ECO;\OMIC DEVELOPJ\IEI\T 21::; Church A\'enm.'. S.\V.. RUCIIIl 166 Roanoke, \ .irginia 240" Telephone: (540) H53-1730 I'll" (540) H53-IBO [-mail: phUlning{~ roanokcnl.go\" .\rdlitcl"l1Jnlll~c\il''''' HII:11\1 nmll II nl" :t.tlllin:.: \pIll'ah 1'1:III11illl! (."lIl1l1i~\i"n February 20, 2007 Honorable C. Nelson Harris, Mayor Honorable David B, Trinkle, Vice Mayor Honorable Alfred T, Dowe. Jr., Council Member Honorable Beverly T, Fitzpatrick, Jr., Council Mayor Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J, Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Request from the City of Roanoke to permanently vacate, discontinue and close a portion of Madison Avenue, N,E., said right-of-way currently being used as an access to the Roanoke Civic Center parking lot; and a portion of Courtland Avenue, N.E., said portion of Courtland Avenue currently being used as a parking lot for the Roanoke Civic Center. Planning Commission Action: Planning Commission public hearing was held on Thursday, January 18, 2007. Bya vote of 7-0, the Commission voted on an amended motion to approve the requested closure with the stipulation that 10 street trees be planted on the section of Courtland Avenue requested to be vacated, Background: The petitioner requests closure and vacation of two portions of right-of-way that adjoin parcels that are used as part of the parking lot of the Roanoke Civic Center. The petitioner owns all of the adjoining property. Due to recent improvements to the Civic Center, the petitioner is required to record a plat that will combine all of the parcels of the development site into one single tax parcel. In the process of surveying the parcels, the petitioner's surveyor discovered the subject portions of right-of-way, which are not necessary for any future improvements or vehicular travel. Considerations: The petitioner's properties adjoining these rights-of-way are zoned D, Downtown District, as are properties to the south, Properties across Williamson Road to the east of the Roanoke Civic Center are zoned CLS, Commercial Large Site District, and CG, General Commercial District. The properties to the north are also zoned CG, General Commercial District. Interstate Route 581 is to the west of the site, There are a variety of commercial uses in these districts, The area is served by public utilities. Staff received comments from Verizon and Roanoke Gas, both of whom stated no objection to the request. The City's Transportation Manager advised that the City has loop detectors in the pavement of Madison Avenue approaching the traffic signal at the intersection with Williamson Road, and that a traffic control easement should be retained. The petitioner plans to record a subdivision plat to combine all of the parcels that are on the site of the Roanoke Civic Center. The subject portions of right-of-way will be combined with the existing parcels in the new plat. The subject portion of Courtland Avenue is currently part of the parking lot for the Roanoke Civic Center. The subject portion of Madison Avenue is currently a portion of the ingress/egress for the parking lot of the Roanoke Civic Center. Vacation of these portions of right-of-way will not alter any traffic or development patterns. Discussion with the Commission centered on whether street trees could be planted on the Courtland Avenue area requested for closure. Mr. Manetta said that he would like to have 10 street trees planted along the curb line, Mr. Schirmer suggested that the request be conveyed to the Urban Forester. instead of attaching it as a condition of the closure, Mr. Manetta said that he would like for the planting of the trees to be a condition of the closure and made a motion to amend the motion to include the planting of 10 trees in the area formerly named Courtland Avenue, Mr. Townsend said that the Planning Commission should consider that the characteristics of the site are unknown at this time, and there may be subterranean issues in this portion of right-of-way that would prevent or discourage the planting of trees, Recommendation: The Planning Commission recommends approval of the petitioner's request to vacate, discontinue and close the subject rights-of-way, subject to the conditions listed below and that the petitioner not be charged for these portions of right-of-way. A, The applicant shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals of, and record 2 the plat with the Clerk of the Circuit Court for the City of Roanoke, Said plat shall combine all properties which would otherwise dispose of the land within the right of way to be vacated in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right-of-way, including the right of ingress and egress. B. The applicant shall plant 10 street trees on the section of Courtland Avenue to be vacated, C. Upon meeting all other conditions to the granting of the application, the applicant shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the petitioner, and the names of any other parties in interest who may so request, as Grantees. The applicant shall pay such fees and charges as are required by the Clerk to effect such recordation, D. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant shall file with the Engineer for the City of Roanoke. Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. E. If the above conditions have not been met within a period of one year from the date of adoption of this ordinance, then said ordinance shall be null and void with no further action by City Council being necessary, Respectfully submitted. ~~~, Roanoke City Planning Commission cc: Darlene L, Burcham, City Manager William M. Hackworth. City Attorney 3 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: ) ) Application of the City of Roanoke ) For vacation a portion of ) Courtland Avenue, NE and Madison Avenue, NE APPLICATION FOR VA"'0A+~615DEC07Pi':05:0i DISCONTINUING AND CLOSING OF STREET MEMBERS of COUNCIL: The City of Roanoke, applies to have a portion of Courtland Avenue, NE an~L~porti.9n of M_adison._~lJenu~,J\JE, inthe Citygf RoanPk.e, Vi~g}nia, permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.2-2006 and Section 30-14, Code of the City of Roanoke (1979), as amended. This street is more particularly described on the plat attached and as follows: Sheet 2 of 9 and sheet 6 of 9 of the Resubdivion Plat for the City of Roanoke, prepared by Caldwell White Associates revised November 16, 2006. City of Roanoke stated that the grounds for this application are as follows: (1) The property being vacated has a long standing use as parking and access roadways at the Roanoke Civic Center. The City of Roanoke is the owner of all adjacent property. WHEREFORE, City of Roanoke respectfully requests that the above- described street be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.2-2006 and Section 30-14, Code of the City of Roanoke (1979), as amended. 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E! ~ I ~ ~ ; ~ ~ ::! ~ ~ ~ ~ ~ '" '" '" '" ~ ~ ~ I;:; ~ . . ~ ~ 0::: ti <:3 . "' ~~~ The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times . - - - - - - - - - - - -.. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + - - - - - - - - - - - - - - - - - - - - - - - - MARY F. PARKER CITY OF ROANOKE CLERK'S OFFICE 215 CHURCH AVE SW RM 456 NOEL C. TAYLOR MUNICIPAL BLDG. ROANOKE VA 24011 NOTICE OF PUBLIC HEARING REFERENCE, 32143302 10087640 NOTICE OF PUBLIC HEA The Council 01 the City 01 Roanoke will hold public; 'hearingson Tuesdav. FebruiHY 20, 2007, at 7:00, p.m., or as soon thereafter; as the matters may be heard. in the counCil\ Chamber. tourlhfloor, in the Noel C. Taylor MUnicipal Building. 215 Church Avenue. S.W.. Roanoke. Virginia. to considt!r thel following: 1.Request Irom the City of Roanoke to permanently vacate. disconlinue i1nd close a portion of Madison Avenue. N.E.. said right or . .....ay currentl~ being used as Ian accE's!> to the Roanoke ICivicCenter parking lot: and 'a portion 01 Courtland Avenue, N.E..located at Ihe corner 01 Orange Avenue, N.W.. and Williamson Road. N.E.. said portion 011 Courtland Avenue currenlly being u~ed as a parking lot lor the Roanoke Civic Centt'r. 2.RC'qut!st from the City 01 Roanoke to permanently vacale. discontinue and close .1 portion 01 an alley.....ay running p<lrallel With Salem Avenue. S.W.. :andadjacenltothesoutllern boundary of parcels bearing Official Ta~ Nos. 1010809. 1010810 and 1010811. i Copies of the petitions?re \ available for review in the OfficE' 01 the City Clerk. Room 456, Noel C. Taylor. MuniCIpal Building. 215 Church Avenue. S.W.. Roanoke, Virginia. . All parties in interest and citilens may appear on the above date and be heard on Ihe mdtlers II you are a ,person with a di~abl1it} who . needs accommodations lor these hearings. please contacl the City Clerk's Of lice. at 853.2541, before noon on the Thursday betore the date of the hearings listed above. GIVEN under rnv hand this 31st dil~ of January. 2007. I Stephanie M. Moon. CMC . ActlngCttyClcrl< (10087640) State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates, City/County of Roanoke, Commonwealth/State of Vl'~fPia. Sworn and subscribed before me this .)H~ day of February 2007, Witness my hand 1;&J~~~ :ft~. ~_~_ ~ ~otary Public My C~;is;t~ ~ es ---_J0_~~_____, . ," '.'. . \:~ '\.' '., FU~~ISHED ON, 02!02 02/09 '. 1...:' I ~I. ; \ I. ,.\,', TOTAL COST, FILED ON, 416.06 02/15/07 ----- - - ------- -----+- ------ - ------- - ----- Authorized Signature: -----------, Billing Services Representative ~ :~! (-, ,- ~ ,~, .:.:':J ''TI I,' ::r::1 >-" en " '" <'s;. r',J ell l""u cf \LJ~ \ '{"i\. NOTICE OF I'l;13LlC HEARI:--JG The Council of the City of Roanoke lI.ill hold public hearings on Tuesday, February 20,2007. at 7:00 p.m., or as SOI1n therealkr as the matters may be heard, in the Council Chamber, fourth floor, in the Noel C. Taylor Municipal l3uilding, 215 Church Avenue, S.W.. Roanokc. Virginia, to consider the 1()lIowing: I. Request fr<.lll1 the City of Roanoke to permanently vaeatc. discontinue and close a portion of \'bdison Avenue, I\. E., said right of way currently being used as an at't'ess to thc Roanoke Civic Center parking lot: and a portion of Courtland Avenue, N.E.. located at the comer of Orange Avenuc, N,W" and Williamson Road, N.E., said portion of Courtland Avenuc currcntly being used as a parking lot f,)r the Roanoke Civil' Centl'L , Request from the City of Roanoke to permanently vacate. discontinue and close a pllnion <.If an alleYII.ay running parallel with Salem A vcnuc. S. W., and adjacent to the southern boundary of parcels bcaring Oflieial Tax NIlS. 1010809. 1010810and 1010811. Copies of the petitions are avaiJablc Ic)r review in the Office llf [hI' City Clerk. Room 456. Noel C. Taylor Municipal l3uilding. 215 Churt'h Avenue, S.W., Roanoke, Virginia. All parties in intcrcst and citizens may appear on the above date and be hcard on the mallers. If you are a person with a disability who needs acc<.lmmodations lor these hearings, please t'ontaet the City Clerk's Onice. at 853-2451. before n<.lon on the Thursday before thc date or the hearings listed above. GIVEN under my hand this 21st day or .January_. 2007. Stephanie M. Moon, C1'vlC Acting City Clcrk N-;"ladi,:;,'J";-( .,'wtlal1,J-( '1\ i..:Ccnl:.:r-\ :,t';,t~ Notice to Publishcr: Publish in thc Roanokc Timcs oncc on Friday, Fcbruary 2, 2007 and Friday, February 9,2007. Send bill aml affidavit to: Stephanie 1\1, Moon, Acting City Clerk 215 Church Avenue, S. W, Roanoke. Virginia 24011 (540) 853-2541 Notice to Publisher: Publish in the Roanoke Tribune onee on Thursday, February 8,2007. Send biB and affidavit to: Stephanie M. Moon, Acting City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 CITY OF ROANOKE Office of the City Clerk 215 Church Awnue, S. W.. Room 456 Roanok,', Virginia 24011-1536 Tt'lephom': (5-10) H53.25-11 Fax; (540) X53.1145 E-mail: clt'rk@'roanokl',"a.go\' St"phanie 1\1. Moou, CMC Acting City Clerk Sheila N. Hartman Assistant Citl Clerk December 7, 2006 File #514 Richard A. Rife, Chair City Planning Commission 1326 Grandin Road, S. W. Roanoke, Virginia 2401 5 Dear Mr. Rife: Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an application received in the City Clerk's Office on December 7, 2006, from the City of Roanoke requesting that a portion of Courtland Avenue and Madison Avenue, N. E., be permanently vacated, discontinued and closed. Sincerely, St hao;'~. MO~M~ Acting City Clerk IC ~ ~ SMM:snh Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council (w/out enclosure) Darlene L. Burcham, City Manager (w/out enclosure) Susan S. Lower, Director, Real Estate Valuation Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: APPLICATION FOR V A0AQ:m'c.qs DEe [;J7 pn05:i)l DISCONTINUING AND CLOSING OF STREET Application of the City of Roanoke For vacation a portion of Courtland Avenue, NE and Madison Avenue, NE MEMBERS of COUNCIL: The City of Roanoke, applies to have a portion of Courtland Avenue, NE and a portion of Madison Avenue, NE, in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.2-2006 and Section 30-14, Code of the City of Roanoke (1979), as amended. This street is more particularly described on the plat attached and as follows: Sheet 2 of 9 and sheet 6 of 9 of the Resubdivion Plat for the City of Roanoke, prepared by Caldwell White Associates revised November 16, 2006. City of Roanoke stated that the grounds for this application are as follows: (1) The property being vacated has a long standing use as parking and access roadways at the Roanoke Civic Center. The City of Roanoke is the owner of all adjacent property. WHEREFORE, City of Roanoke respectfully requests that the above- described street be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.2-2006 and Section 30-14, Code of the City of Roanoke (1979), as amended. Respectfully submitted ~.. Darlene L. Burcham City Manager j.J-7-tJt, Date City of Roanoke 215 Church Street, SW Roanoke, Virginia 24011 Map Output Page I of ] hnp://gis/,ervlct!c:om,csri.esrimap.Esri map'?ScrviceNamc=rnkc& Client Vcrs ion=). I &Forl1l.., 12/5/2006 Adiacent Property Owners City of Roanoke _._~.~ _ ~ ,"";,,0; ORA~~~~:~::~~! 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"":1 "".,.". ~~~~~~~'~~ ., ';.::, >. ".''''''11 .~-,:. ".':' ~p:\\':~ I . I I' " ;?;i , ~ ,;~. "Yt;h , 'i ~ \~i " ':'S ~ ,. !e '" ~ " p. @Sl1W'~,\ - .~ll1i '. CITY OF ROANOKE OFFICE OF THE CITY CLERK ~ 15 Church A\'~nlle. S. \V.. Room -1-56 Rnallokl'. Virginia 24011-15.16 "kkphonl': 15..\(1I S53 254] Fa." 154Ul053 It45 E-Ill,til: ;;krk(e)ruan(Jk~'\ a.gov SHEILA N. HARHIA:-J .-\!'-,S15t;ull CilyClerk STEPH.-\'JIE M. \100N, ole Cily Clerk February 26, 2007 File #514 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 37694-022007 permanently vacating, discontinuing and closing a portion of an alleyway running parallel with Salem Avenue, S. W., and adjacent to the southern boundary of parcels bearing Official Tax Nos. 1010809, 1010810 and 1010811. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Tuesday, February 20, 2007, and is in full force and effect upon its passage. Sincerely, l:/q1.~~~M, ~H-1v Stephanie M. Moon, CMC City Clerk SMM:ew Attachment Darlene L. Burcham February 26, 2007 Page 2 pc: Times-World Corporation, P. O. Box 2491, Roanoke, Virginia 24010 Mr. and Mrs. Robert W. Woody, P. O. Box 8844, Roanoke, Virginia 24014 Mr. Winfred Noell, 2743 Northview Drive, S. W., Roanoke, Virginia 24015 Factory 324, LLC, 8510 Bell Creek, Suite B, Mechanicsvile, Virginia 23116 J. Weiner and Company, Inc., 351 Campbell Avenue, S. W., Roanoke, Virginia 24013 Three Forty Seven West Campbell, P. O. Box 2868, Roanoke, Virginia 24001 Three Twenty Seven Campbell, LLC, 327 Campbell Avenue, S. W., Roanoke, Virginia 24013 United Way of Roanoke Valley, 325 Campbell Avenue, S. W., Roanoke, Virginia 24013 The Honorable Brenda S. Hamilton, Clerk of Circuit Court Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget Susan S. Lower, Director, Real Estate Valuation Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer Steven J. Talevi, Assistant City Attorney { s~>Aol '0--\\ IN THE COliNCTL OF THE CITY OF ROANOKE, VJR(31NL<\ The 20th day of February, 2007. No. 37694-022007. AN ORDfNANCE permanently vacating, discontinuing, and closing a p<.lrtion of a certain puhlic right-of~way in the City of Roanoke, as more particularly described hcreinal'ter; ,Uld dispcnsing with the second rcading by title of this ordinance, WHEREAS, the City of Roanoke tiled an application to the Council of the City of Roanoke, Virginia ("Cily Council"), in accordance with law, requesting City Council to pem1anently vacate. discontinue and close a p011ion of a ecrtain public right-ol~way described hereinafter; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by S30-l4, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held on such application by City Council on Febmary 20, 2007, after duc and timely notice thereof as required by 930-14, Code of the City of Roanoke (1979), as amendcd. at which hearing all partics in interest and citizens wcre at10rded an opportunity to be heard on such application; WHEREAS, it appearing from the fi.lregoing that the land proprictors affectcd hy thc requested closing of the subject public right-of-way havc been properly notified: and WHEREAS. froIll all of the forcgoing, City Council considers that no inconvenience will result to any individual or to the public From pennanently vacating, discontinuing and closing such portion of a certain public right-of-way. O.CltY-;llkyway parallel-Salem Ave 2-10-n7 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the eeliain puhlie right-of-way situate in the City of Roanoke, Virginia, and morc panicularly dcsc.rihed as follows: A portion of an alleyway running parallel with Salem Avenue, S.W., and adjacent to the southern boulldary ofparcc1s bearing Official Tax :--los, 1010809, 1010810 and 1010811. be, and is hereby pcrmanently vacated, discontinued and closed, <md that all right ,md interest of the public in and to the same be, and hereby is, released insofar as City Council is empowered so to do with respect to the closed pOliion of the right-ot:way, reserving, however, to the Western Virginia Water Authority an easemCllt tor two (2) sanitarv sewer lines, and related facilities, that mav now be located in or aeross such - . - public right-of-way, such easement to telminate upon the Ialer abandonment of use or permanent removal from the above-described eascmcnt of any sueh lines or facility hy the Western Virgillia Water Authority, with the Western Virginia Water Authority having the right to review <md approve plans relating to the maintenance and replacemcnt of any sanitary sewer lines located within such casement. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, n:ceive all reljuired approvals of, amI record with the Clerk of the Circuit Court for the City of Roanoke, a suhdivision plat, with such plat combining all properties which would otherwise dispose of the land within the right-of-way to he vacated in a manner eonsistent wiTh law, and retaining an appropriate easelnent tor the installation and maintenance of any and all existing sanitary sewer lilles that may be located within thc right-of-way. The plat shall dedicate two (2) separate portions of right-of-way tll the City O-CitY-illkyw;:;y parallel-Salem i\ \ie 2-20w07 of Roanoke for purposes of public ingrcss and egress as illustrated on thc plat prepared by Lumsden Associates, P.C. datcd January 15, 2007, BE IT FURTHER ORDAIKED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to thc Clerk of the Circuit Court of thc City of Roanoke, Virginia, a certificd copy of this ordinance for recordation whcre deeds are recorded in such Clerk's Oilicc, indexing the same in the name of the City of Roanokc, Virginia, as Gralltor, and in the name. of the applieani, and the munes of any other parties in interest who may so request, as Grantees, and pay such fecs and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a ccnified copy of this ordinance bcing recordcd hy the Clerk of the Circuit Court of the City of Roanoke, Virginia, where decds are recorded in such Clcrk's Office, file with the City Engineer for the City of Roanoke. Virginia, the Clerk's receipt, demonstrating that such recordation has occUlTed, BE IT FURTHER ORDAINED that if thc above conditions havc not beeu met within a period of twclvc (11) months from the date of the adoption of this ordinance, then such ordinance shall bc null and void with llO furthcr action by City Council being necessary. BE IT FINALLY ORDAINED that pursuant to the provisions of 912 of thc City Chartcr, the second reading ot'this ordinance by title is hercby dispensed with, ATTEST: In tr;,~ Stephanie M. Moon, CMC City Clcrk. O-Ci-::Y-:J.l~cyway pa:-<:il1d-Salern A\'e 2<!Il.07 CITY OF ROA~OKE PLANNING BUILDING & ECON<J:\-lIC DEVELOPME~T 21S Church Awnue. S.W.. Room 166 I.{onnokc. \"irJ:inin 24011 TI'II'phollC: (S~lIl HS3-1730 Fa" (S~O) H53-1230 [-nmil: plal1nin~(1l r03Ilokt.'\"a.go,' February 20, 2007 .\I"t"hirl.t.lur..llh.\i...... H":lrtl BU:lnl "rl.llnil1!.:.\llpl':II~ I'lanllin:':(""l1Imi"jnTl Honorable C, Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick. Jr., Council Mayor Honorable Sherman p, Lea. Council Member Honorable Gwendolyn W, Mason, Council Member Honorable Brian J, Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Request from the City of Roanoke to permanently vacate, discontinue and close a portion of an alleyway running parallel with Salem Avenue, S.w., and adjacent to the southern boundary of parcels bearing Official Tax Nos. 1010809, 1010810 and 1010811. Planning Commission Action: Planning Commission public hearing was held on Thursday, January 18, 2007. Bya vote of 7-0, the Commission recommended that City Council approve the requested closure. Background: The petitioner requests vacation of a portion of an alley to construct a public parking garage, The petitioner owns all of the adjoining property that will be affected by the requested vacation. Considerations: All of the petitioner's properties are zoned D, Downtown District, as are all properties on the block, The block features a combination of commercial and residential uses, The petitioner's properties are currently used as surface parking lots. The area is served by public utilities. Staff received comments from Verizon, Roanoke Gas, and the Western Virginia Water Authority, all of which stated they have facilities in the alley and would require an easement or relocation at the petitioner's expense, The petitioner plans to construct a public parking garage on the site of these parcels and the portion of vacated alley. Concentrating parking in garages rather than surface parking lots is one of the design principles for downtown in Vision 2001-2020: "Long-term parking should be concentrated in parking structures or to the side or rear of principal buildings. Surface parking should be minimized," Vacation of the subject portion of alley will allow the petitioner to provide a greater capacity of parking spaces than currently exists, The petitioner plans to make improvements in two areas of the alley to compensate for the loss of connectivity that will be caused by vacating the subject portion of alley. A turnaround area will be created and dedicated on the west side of the garage that will provide sufficient space for vehicles entering from 4111 Street to turn around and exit back onto 4111 Street. The petitioner will also dedicate a portion of alley that will connect the existing alley from the east side of the parking garage, north to Salem Avenue. Section 30.14 (5) of the Code of the City of Roanoke states the following standards for street and alley vacation requests: "Following the hearing before the city planning commission on an application to alter or vacate a street or alley, the commission shall report in writing to the city council whether in its opinion, any, and if any, what inconvenience would result if the application were approved by council, and the commission shall report and make a recommendation to council as to whether the application should be approved," Given the dedication of a new alley section connecting to Salem Avenue on the east side of the proposed garage, and the provision of a dedicated turnaround on the west side of the proposed garage, the ability to affectively traverse the alley will be maintained and no inconvenience to the public should result from the proposed vacation. Mrs. Prince stated a concern that the design of the parking garage will not fit in aesthetically with the streetscapes of Campbell and Salem Avenues. Mr. Schirmer, speaking on behalf of the petitioner, said that Mr. Townsend had shared the concerns of the Planning Commission with him prior to the public hearing, and that he was willing to address the issue with the Planning Commission once additional design work was done. Mr. Williams stated two issues with the petition; 1) the building's relationship to the streets, and 2) the fac,;ade of the structure. Mr. Williams said that the footprint shown on the petition's map was not consistent with the design guidelines of Vision 2001-2020, Mr. Chrisman said that the City should preserve the alley system per the Comprehensive Plan, He also asked how much usage the alley got. Mr. Townsend said that most of the usage was to the surface parking lots there now. Mr. Williams asked what PPEA referred to. Mr. Schirmer said that PPEA stood for Public-Private Education Facilities and Infrastructure Partnership Act, and explained that it is a design-build process that is used to reduce time and costs. Mr. Schirmer also stated that the schedule for the project was such that it was pertinent for the alley vacation to be completed on time, Mr. Williams asked if the City was still negotiating any aspects of the project. Mr, Schirmer replied that the City had entered into an agreement with a developer, but that he could bring additional details and suggestions to the Planning Commission in a subsequent work session. Mrs. Penn said that she concurred with the comments made by the other Planning Commissioners, Mr. Chrisman asked what was being done to minimize the number of curb cuts on the site, Mr. Townsend and Mr. Schirmer both stated that cuts would be reduced on Salem Avenue, Mr. Williams asked if there would be sidewalks on each street. Mr. Schirmer said that there would be, Recommendation: The Planning Commission recommends approval of the petitioner's request to vacate, discontinue and close the subject portion of alley, subject to the conditions listed below, and that the petitioner not be charged for this portion of right-of-way, A. The applicant shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals of, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Said plat shall combine all properties which would otherwise dispose of the land within the right of way to be vacated in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right-of-way, including the right of ingress and egress. Said plat shall dedicate two (2) separate portions of right-of-way to the City of Roanoke for purposes of public ingress and egress as illustrated on the plat submitted with this petition, prepared by Lumsden Associates, P.C., and dated January 15, 2007. B. Upon meeting all other conditions to the granting of the application, the applicant shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the petitioner, and the names of any other parties in interest who may so request, as Grantees, The applicant shall pay such fees and charges as are required by the Clerk to effect such recordation. C. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant shall file with the Engineer for the City of Roanoke, Virginia. the Clerk's receipt, demonstrating that such recordation has occurred, D, If the above conditions have not been met within a period of one year from the date of adoption of this ordinance, then said ordinance shall be null and void with no further action by City Council being necessary. Respectfully submitted, ~ S~r'6?I Henry Scholz, Chairman Roanoke City Planning Commission cc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: First Amended Petition ) ) Application of the City of Roanoke ) For vacation a portion of the alley ) that runs between 3" and 4th and Salem Avenue and Campbell Avenue, SW APPLICATION FOR VACATING, DISCONTINUING AND CLOSING OF STREET MEMBERS of COUNCIL: The City of Roanoke, applies to vacate and permanently close approximately 158 feet of the alley that runs between 3" and 4th Streets in the City of Roanoke, Virginia. Said alley is to be permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.2-2006 and Section 30-14, Code of the City of Roanoke (1979), as amended. This street is more particularly described on the plats attached and as follows: . A Plat prepared by Lumsden Associates, P.C, dated January 15, 2007 . Drawing No. A201 - Site Plan: Public Parking Structure for City of Roanoke, prepared by Desman Associates dated September 19, 2006. City of Roanoke stated that the grounds for this application are as follows: (1) The property being vacated so that the Campbell Avenue Public- Private Education Facilities and Infrastructure Garage can be built. The referenced plat by Lumsden Associates, PC, also shows property owned by the applicant to be dedicated to public use for proposed alley connections to Salem Avenue and a turnaround area through the existing alley connecting to 4'" Street, SW. WHEREFORE, City of Roanoke respectfully requests that the above- described street be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.2-2006 and Section 30-14, Code of the City of Roanoke (1979), as amended. 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II ): I. - \ ~;- ---- ----~ I : I _-.... ,---, .1 ___-1- f..- ____1.----------- !;;i:~\ II' ...- II i [\ ! i i i i I I ! i i I I : ~I~n I I ,_..J ~ i i . ,T.,\ I~~>i.~~".:':\ ..---..----~ ~~ \\ ,;~I<"'~ _>,--,--,-c---1, .. ''',.. ''''~.. _.~..\.-\' \ , I t,\ , ',. '.'~ ,.,-,<-'-'.,---CI I I. I I' >;, 'I , ,." , \ ' \ " ,\ \ ' . \ ' :"):-~G \ \ \ i \ I \ i , i I Oi{\ 9 ,>; \ \ ' \ \. \ \. \ I' , ~; \ I \ ,I I: ~(.:.> \ '\ I I '" !2 .' \ \ I, i ' \ I ~~bl \ \ \ \ \' I. I \ 'I \ \ ,,\ "'\" I LJ.-J.--'---'--' . i \ ..L- .l-_l-i.---'-~ i I __J.-- - \ 1\ \ ~~ \ Vl ---l '\ 8~ . \ I \ \ i \ VINI~l:lLo\'3)lON\"Ol;l :PKY.-NOtl :10 AID I I hml~ In ;;.. \.LI ....I 7 o C , I 1 .Ii J J ,,' ~~ ---.--1 ---. . "J ? Z ,.J ~ ::l ,.J '"' D- ~ cJ o' 3C1\1W9 ClNDlWd ::>llSlld . , I Il ~ ~ J \'x." /~~ .:.::<~, '" "' ~"'~ O~(j n.",,<< ou:::o::: "'<<<< n.n.'-' I u .....1_... _ ....,..." ... ~.......~.... w..,....'v:: The ROdIloke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times ---- - - - ---- - - - ------- - ------ - - - .._-- - ----- - - -------+- - --- -- -----~ - - --- -- REFERENCE: 32143302 10087640 NOTICE OF PUBLIC HEA MARY F. PARKER CITY OF ROANOKE CLERK'S OFFICE 215 CHURCH AVE SW RM 456 NOEL C, TAYLOR MUNICIPAL BLDG. ROANOKE VA 24011 State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Vt'~~pia. Sworn and subscribed before me this ~~~f~~ra~fs~Fe~~uarY 2007, Witness my hand a?Jl:.~ __~ _ .r.Q..__ _ ~ otary Public My c~ .J~es $_~_~~g_____. .'.' FU~i:,ISHED ON:.0'2/02 02/09 .:' TOTAL COST: FILED ON: '116.06 02/15/07 Authorized Signature: Billing Services Representative ::::::: -j p n., ~ . ~~l 'T'j ITI L-Cl ,- en ::-.2 r~; r.JI 1\":1 4 \J'\ j }~\ !\\ NOTICE OF PUBLlC HEARING Thl' Council of the City of Roanoke will hold puhlic hearings on TUesday. February 2(j. 20il7, at 7:00 p,m.. or as soon thereallcr as the matters may be hcard, in the Council Cham her, I,)llrth noor. in thc ~ocl C. Tayl<.lr Municipal Building, 215 Church Avenue. S.W., Roanoke, Virginia. to considcr thc following: I. Request from the City of Rllanllke 10 pennancntly vacate, discontinue and close a portion oi'Madison Avenuc. N.E., said right of way currently being ust:d as an access to the Roanoke Civic Center parking lot: and a portion of Courtland Avenue, N,F.., located at the corner ofOwnge Avenue. ~,W.. amI Williamson Road. N.E.. said portion of Courtland A venue currently heing used as a parking lot for the Roanoke Civic Center. ) Request fro1l1the City of Roanokt: to penllanently \"aeate. discontinue and close a portion llran alleyway running parallel with Salem Avenue, S,W" and adjaccnt to thc' southern houndary of parcels bearing Official Tax 1\os. 1010809,1010810 and 1010811. Copies of the petitiollS arc available fllt" rcview in the Office of the City Clerk. Room 456, Noel C. Taylor Municipal Building, 215 Church Avenuc, S.W.. Roanoke, Virginia, All parties in interest and citizens may appear on thc above datc and be hcard on the matlcrs. If you are a person with a disability who needs aCCllJ1l1l1odati<.lJ1S ielr these hcarings. please contact the City Clerk's Office. at 853-2451, belore !loon on thc Thursday belore tht: date of the hearings listed above, GIVEN under my hand this .31~j:__. day <.If __Januarv _ .__..._.2007. Stephanie \1. Moon, CMC Acting City Clerk ;... - \ l:!d:.sllll-l"ounlanJ,CI \'kCe::te]"-\,acatc ]\;otice to Publisher: Publish in the Roanoke Times onee on Friday, February 2, 2007 and Friday, Febmary 9,2007. Send bill and affidavit to: Stephanie l\t Moon, Acting City Clerk 215 Church Avenue, S, W, Roanoke, Virginia 24011 (540) 853-2541 Notice to Publisher: Publish in the Roanoke Tribune once on Thursday, February 8,2007. Send bill and affidavit to: Stephanie M, Moon, Acting City Clerk 215 Chureh Avenue, S, W. Roanoke, Virginia 2401 1 (540) 853-2541 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Awnllc, S. \V.. Room.t56 Roanoke, Virginia 2.tOII-1536 Tell'phone: 1540) ~5J-2~41 (-"ax: 1540.1 RS3.J 145 E-mail: dl'rklirroalloke"u.~o,' SHEILA ~. H'\Rn\'\~ A'isislllOl City CIl'rk STEPH,\:-;m ~L MOO~, ole <:it)" Clerk February 8, 2007 File #514 Times World Corporation Robert W. Woody and Evelyn W, Booker Wind red Noell Susanne L. & Ray L. Webb Factory 324, LLC J. Weiner and Company, Inc. Three Forty Seven West Campbell Three Twenty Seven West Campbell United Way of Roanoke Valley Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Tuesday, February 20,2007, at 7:00 p,m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S, W., City of Roanoke, on the request of the City of Roanoke that a portion of the alley that runs between 3'd and 4th Street, S. W., and Salem Avenue and Campbell Avenue, S. W., be permanently vacated, discontinued and closed, This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning, Building and Economic Development at 540-853-1730. If you would like to receive a copy of the report of the City Planning Commission, please call the City Clerk's Office at 540-853-2541. I Sincerely, ~~t'r),mo~ Stephanie M, Moon, CMC C. City Clerk SMM:snh Times World Corporation p, O. Box 2491 Roanoke, Virginia 24010 Robert W. Woody and Evelyn W, Booker p, O. Box 8844 Roanoke. Virginia 24014 Wind red Noell 2743 Northview Drive, S, W, Roanoke, Virginia 24015 Susanne L. & Ray L, Webb P. 0, Box 600 Roanoke, Virginia 24004 Factory 324, LLC 8510 Bell Cree, Suite B Mechanicsville, Virginia 23116 J. Weiner and Company, Inc, 351 Campbell Avenue, S. W. Roanoke, Virginia 24013 Three Forty Seven West Campbell p, O. Box 2868 Roanoke, Virginia 24001 Three Twenty Seven West Campbell 327 Campbell Avenue Roanoke, Virginia 24003 United Way of Roanoke Valley 325 Campbell Avenue, S.w, Roanoke, Virginia 24013 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 ~:.mail: clerk@roanokeva.gov Stephanie M. Moon, CMC Acting City Clerk Sheila N. Hartman Assistant City Clerk January 18, 2007 File#514 Richard A. Rife, Chair City Planning Commission 1326 Grandin Road, S. W. Roanoke, Virginia 24015 Dear Mr. Rife: Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy ofthe First Amended Petition received in the City Clerk's Office on January 18, 2007, from the City of Roanoke requesting that a portion of the alley that runs between 3'. and 4th Street, S. W., and Salem Avenue and Campbell Avenue,S. W., be permanently vacated, discontinued and closed. Sincerely, ~ 0dJ, fOIhW Stephanie M. Moon, CMe Acting City Clerk SMM:snh Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council (w/out enclosure) Darlene L. Burc~am, City Manager (w/out enclosure) Susan S. Lower, Director, Real Estate Valuation Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney CITY OF ROANOKE Office of the City Clerk 215 Church Awnlle, S. W., Room 456 Roanoke, Virginia 24011-1536 Telephone; (540) 853-2541 Fax; (540) 853-1145 E-mail: c1erk@roannke\'a.go\' Slephanie 1\1. Moon, CMC Aeling Cily Clerk Sheila N. HarIman Assislanl Cil)' Clerk December 7, 2006 File#514 Richard A. Rife, Chair City Planning Commission 1326 Grandin Road, S. W. Roanoke, Virginia 2401 5 Dear Mr. Rife: Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclOSing copy of an application received in the City Clerk's Office on December 7, 2006, from the City of Roanoke requesting that a portion of the alley that runs between 3,d and 4th Street, S. W., and Salem Avenue and Campbell Avenue, S. W., be permanently vacated, discontinued and closed. Sincerely, '-',+.( Stephanie M. Moon, CMC "r1t-- Acting City Clerk SMM:snh Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council (w/out enclosure) Darlene L. Burcham, City Manager (w/out enclosure) Susan S. Lower, Director, Real Estate Valuation Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Application of the City of Roanoke For vacation a portion of the alley that runs between 3" and 4'" and Salem Avenue and Campbell Avenue, SW APPLICATION FOR V;6i~A:r-H(.(G?DEC07PM05'(31 DISCONTINUING AND CLOSING OF STREET MEMBERS of COUNCIL: The City of Roanoke, applies to have a portion of the alley that runs between 3" and 4'" and Salem Avenue and Campbell Avenue, SW, in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.2-2006 and Section 30-14, Code of the City of Roanoke (1979), as amended. This street is more particularly described on the plat attached and as follows: Drawing No. A201 - Site Plan: Public Parking Structure for City of Roanoke, prepared by Desman Associates dated September 19, 2006. City of Roanoke stated that the grounds for this application are as follows: (l) The property being vacated so that the Campbell Avenue PPEA Garage can be built. WHEREFORE, City of Roanoke respectfully requests that the above- described street be vacated by the Council of the City of Roanoke, Virginia, in. accordance with Virginia Code Section 15.2-2006 and Section 30-14, Code of the City of Roanoke (1979), as amended. Respectfully submitted (Ai4L~~ Darlene L. l3'urcham C' M " Ity anager /;J.,-1-tJ? Date City of Roanoke 215 Church Street, SW Roanoke, Virginia 24011 CIJ -I m I "tI >: I; z I Ii I: I I , , ; i \ \ \ \ \ ~ i I I . , . 0 ' , \i ~ , , , , 1) , , OJ II ~ \ i: I r ! ~ ~ \ .... \BRIDGE C - !fl 1 , , .r, , , ! I : I I, !IO) I ! I , i ~"~I" I~..,,," .. ~~ffr! ~.TI ~ . . ''Ill!r ... 1>- "' Ill. 2S::! zz.. GlIO) 2 I. ,.ii\i .. t ~=, ...:. ..'00 ... t..C: j;j is'' ~.;: ... .. U ~I .... ~I CIJ ~ - )> \ r GI m ", ~ ~ ~ / m m I z alll C Ii m I 3 .. .. .:.... "~ ,~:\ .'.~ ~"I' .~~;'"-' ~~-f,~ "-.<I,/"~~;;(:~ .',,...,'):c,.(..-~, ~ ,g; --f}~ "'~ ~', ""\' ,__" ~ ,"'_'; t 1 "' r 0 8 m ","' G) om 0"' m m!i: en en Z "'m ,. 0 0 "'z z c: =< :II m ,. !: ~ en m '" :e m m :e :II m :II CLARK. N EXSEN ATCMuCllm.' & 1;;Jgillttril1g ! t, '" .... ". ;.... .,. -'1'-: Illl ~ ; , i.:: l,ii ; ; I 1-1\'1 I_:~~-!.._.. -f'11Ii Cl1Y OF ROANOKE ROANOlCI!.\'IIW1NIA PUBLIC PARKING S11lUCTlJRE ... DESMAN A !i ~ U (" I A ,. l:; !I! .-..-- . .....--..----...- ., ,. CITY OF ROANOKE OFFICE OF THE CITY CLERK ~t5 Church Avenue, S. W.. Room 450 Roanoke. Virginia 24011-1536 Tell-phone: (540J 853-1541 Fax: (540) 853-1 ]45 E-mail: l'krkQ'roall(lk~\'a'b{lV SHEILA:-.J. HARTMA~ Assi::ol<ml City Ckrk STEI'II.-\NIE H ~IOO:>l, 01C City Clerk February 26, 2007 File #514 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 37695-022007 altering and closing by way of barricade a portion of Piedmont Street, S. E., and the entire Riverview Boulevard, S. E., subject to certain conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Tuesday, February 20, 2007, and is in full force and effect upon its passage. Sincerely, . tn. rv;f)~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment Darlene L. Burcham February 26, 2007 Page 2 pc: Kireetkumar Mehta,. Panna Mehta, 872 Massachusetts Avenue, #305, Cambridge, Massachusetts 02139 RMH, P. O. Box 12385, Roanoke, Virginia 24025 CHS, Inc., P. 0, Box 12385, Roanoke, Virginia 24025 Roanoke Orthopedic Appliance Center, 1105 Piedmont Street, S. E" Roanoke, Virginia 24014 Mr. and Mrs. Dennis Brown, 1301 Hamilton Terrace, S. E., Roanoke, Virginia 24014 Mr. Scott E. Johnson, 4394 Summerset Drive, S. W., Roanoke, Virginia 24018 Mr. Gary Hughes, 444 Arbor Avenue, S. E., Roanoke, Virginia 24014 Mr. and Mrs. Richard Mardian, 3218 Colonial Avenue, S. W., Roanoke, Virginia 24018 Appalachian Power Co., 1 Riverside Plaza, Columbus, Ohio 43215 Ms. Shannon Angel, 1229 Hamilton Terrace, S. E., Roanoke, Virginia 24014 Thomas and Shirley Summers, 1261 Hamilton Terrace, S. E., Roanoke, Virginia 24014 Mr. Mark McConnel, 532 Linden Street, S. E., Roanoke, Virginia 24014 Mr. Eric Carlson, 1251 Hamilton Terrace, S. E., Roanoke, Virginia 24014 Ms. Joan Petrus, 4826 Deerfield Road, S. W., Roanoke, Virginia 24014 Mr. Herbert George, 1243 Hamilton Terrace, S. E., Roanoke, Virginia 24014 Ms. Susan Gunther, 4702 Glenbrook Drive, S. W., Roanoke, Virginia 24018 Ms. Marie J. Turner, Life Est., Ms. Donna M. Turner, Life Estate, 1235 Hamilton Terrace, S. E., Roanoke, Virginia 24014 Mr. Gary Oyler, 3258 Bromley Road, S. W., Roanoke, Virginia 24018 Mr. and Mrs. John Wilson, 1019 Piedmont Street, S. E., Roanoke, Virginia 24014 Mr. David B. Trail, 6534 Harmony Lane, S. W., Roanoke, Virginia 24018 Mr. George Ray Snow, P. O. Box 338, Salem, Virginia 24153 Mr. and Mrs. T. Marion Smith, 1003 Piedmont Street, S. E., Roanoke, Virginia 24014 Ms. Mary Ann Rexrode, 1005 Overland Road, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Jonathan Sowers, 917 Piedmont Street, S. E., Roanoke, Virginia 24014 James and Mary Hosey, 913 Piedmont Street, S. E., Roanoke, Virginia 24014 Ms. Elizabeth A. Landry, 909 Piedmont Street, S. E., Roanoke, Virginia 24014 Darlene L. Burcham February 26, 2007 Page 3 Mr. Randall W. Jamison, 813 Piedmont Street, S. E., Roanoke, Virginia 24014 Ms. Michelle R. Riley, 1307 Hamilton Terrace, S. E., Roanoke, Virginia 24014 Ms. Bonnie). Witt, 1311 Hamilton Terrace, S. E., Roanoke, Virginia 24014 Mr. Andrew M. Sassard, 1315 Hamilton Terrace, S. E., Roanoke, Virginia 24014 Mr. M. W. Hylton, Jr., Mr. Roberta K. Hylton, 7752 Creek Circle. S. W., Roanoke, Virginia 24018 Mr. W. B. Godsey, Mr. James. E. Body, 3151 West Ridge Road, S. E., Roanoke, VA 24014 Ms. Christianna H. Cranwell, 1331 Hamilton Terrace, S. E., Roanoke, Virginia 24014 Mr. Bill Thomasson, President, Neighbors In South Roanoke, 2621 Crystal Spring Avenue, S. W., Roanoke, Virginia 24014 Ms. Kathy Hill, President, RiverlandjWalnut Hill Neighbors, 509 Arbor Avenue, S. E., Roanoke, Virginia 24014 The Honorable Brenda S. Hamilton, Clerk of Circuit Court Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget Susan S. Lower, Director, Real Estate Valuation Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer Steven J. Talevi, Assistant City Attorney 5:.:s'1 (d) ~\?-~\ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINiA., The 20th day of February, 2007. No. 37695-022007. A?-oI ORDINANCE authorizing the alteration and closing by barricade of certain public rights-of-way in the CitY of Roanoke, Virginia, as more particularly described hereinaftcr; and ~ dispensing with the second reading hy title of this ordinance. WHEREAS, the City of Roanoke filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting thc Council to alter and close by banicade the public rights-of-way described hereinafier; W1IEREAS, the City Planning Commission, which after giving proper notice to all concemed as required by 530-14, Codc of the City ofRoanokc (I 979), as amended, and after having conducted a public hearing on the matter, has madc its recommendation to Council; WHEREAS, a public bearing was held on such application by the City Council on February 20,2007, aficr due and timely noticc thercof as required by 530-14, Code of the City of Roanoke (I 979), as amended, at which hearing all parties in interest and citizens were aftorded an opportunity to he heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected hy the requested closure by barricade of the subject public rights-of-way have beell properly notified; and WHEREAS, from all of the foregoillg, thc Council considers that no substantial inconvenience will result to any individual or to the puhlie from altering and e10sing hy barricade such public rights-of-way, and that such alteration will promote the safety alld welfare of those using the subject public rights-of-way in the vicinity of the right-of-way to be closed. THEREFORE, BE IT ORDAINEDhyihe Council of the CityofRoanoke, Virginia, that the public rights-of-way situate in the City of Roanoke, Virginia, and more particularly desc.rihed as follows: (I) an approximately 1,800 1,)ot long portion 0 fPiedmont Street, S. E., extending in a northeasterly direction from its intersection with Hamilton Terrace, S.E.. to its intersection with Riverview Boulevard, S.E., and (2) Riverview Boulevard, S.E., running in a northeasterly direction from Piedmont Street, S.E., to Willow Street, S.E., for approximately 2,500 feet be, and hereh)' are, altered and closed hy way ofa balTicade. as deserihed in such application, subject to the conditions set fonh in this ordinance. BE IT FURTHER ORDAINED that the applicant shall constmct to applicable standards an improved allcy providing access to Oflicial Tax Ylap Nos. .:1030606 through .:1030608, 4031401 through 4031.:107, and 4040708 through 4040717 in substantial conformity with the concept plan tilled "Ro,moke River Flood Reduction Projectioll Illustrative Plan I, lIIustrative Plan :2 and Illustrative Sections" by LMW, P.c., dated January 8, 2007. The alley replacing Picdmollt Stred, S.E., shall be a minimum width of fourteen (14) fed to accommodate trash collection, and the alley replacing Riverview Boulevard, S,E., shall be a minimum width often (1 0) fcel. Both alleys shall be paved with asphalt and shall he located in a dedicated right-of-way. BE IT FURTHER ORDAINED that the applicant shall install landscaping in substantial conj~)rmity with the concept plan titled "Ro;moke River Flood ReductionProjcet llIustrative Plan 1 alld Illustrative Plan 2 and Illustrative Sections" by LMW, P.C., dated January 8, 2007. Small deciduous trces and e\'ergreen trccs must be a minimum of jive (5) feet at the time of platlljng, evergreen shmbs must be a minimum oftwe.nty-four (24) inches at the time of planting, and large deciduous trecs must be a minimum caliper of two (2) inehes at the time of planting. :2 BE IT FURTHER ORDAI!\'ED that the applicant shall install removable bollards to allow AEP, Roanoke Gas Company, Verizon, Western Virginia Water Authority, and emergency vehicles, vehicular access to their facilities, BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark "Altered alld Closed by Barricade" on such rights-of-way on all maps and plats on file in this office on which such rights-of-way are shown, referring to the book and pagc of ordinanccs and resolutions of the Council ofthc City of Roanoke; Virginia, wherein this Ordinance shall bc spread, I3E IT FURTHER ORDAIl\'ED that the applicant shall, upon meeting all other conditions to thc granting of the application, deliver to thc Clerk of thc Circuit Court of thc City of Roanokc, Virginia, an attcsted copy of this ordillancc in ordcr that such Clerk lllay make proper notations, if any, of the alterations alld closings by barricadc as described above on all maps and plats recorded in that of1icc on which Piedmont Street, S.E" Hamilton Tcrrace, S,E" Riverview Boulevard, S.E., and Willow Street, S,E., appear. BE IT FINALLY ORDAINED that pursuant to the provisions ofSl2 of the City Charter, thc second reading of this ordinance by title is hereby dispensed with. . 'N,. fY1bhv City Clerk. l 3 CITY OF ROAI\OKE PLAI\I\II\G BIIIU>II\G & ECOI\OMIC DEVELOPMENT 215 Church ..henue. S,W..l{oom 1M, Roanoke. \'ir~inia 24011 Tl'I"(lhone: (5401853-17311 Fa" (54(1) 853-1230 [-mail: planninp/u ronllok('\.n.~o\' \r,'hitcflllr..ll~c\il'" Huard nll:lnlllfZ"nin!!'\I'Pl':II~ l'lannin:.,: t IIrnllli~,inn February 20, 2007 Honorable C, Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr.. Council Mayor Honorable Sherman p, Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wish neff, Council Member Dear Mayor Harris and Members of City Council: Subject: Request from the City of Roanoke to close by barricade the following street sections: (1) an approximately 1,800 foot long portion of Piedmont Street, S,E" extending in a northeasterly direction from its intersection with Hamilton Terrace, S,E., to its intersection with Riverview Boulevard, S.E.; and (2) Riverview Boulevard, S.E., running in a northeasterly direction from Piedmont Street, S.E., to Willow Street. S.E., for approximately 2.500 feet. Planning Commission Action: Planning Commission public hearing was held on Thursday. January 18, 2007. By a vote of 7-0, the Commission recommended approval of the proposed closures by barricade. Background: The applicant has applied to close by barricade approximately 1,800 feet of Piedmont Street, S.E.. lying between Hamilton Terrace, S,E., and Riverview Boulevard, S,E" and approximately 2,500 feet of Riverview Boulevard, S.E" lying between Piedmont Street, S,E" and Willow Street, S,E, These rights-of-way parallel the Roanoke River, lying directly in the path of the Roanoke River Flood 1 Reduction Project and the Roanoke River Greenway System. The applicant has proposed to close these rights-of-way with steel bOllards, remove the physical roadways, widen the floodway of the River via bench cuts and install a recreational trail. The applicant has also proposed to construct within the existing right-of-way an alley, replacing access currently provided by Piedmont Street, S.E., and Riverview Boulevard, S.E" to adjoining property owners. This access is necessary to property owners whose lots front Hamilton Terrace, S.E., as no on-street parking is permitted. The Piedmont Street, S.E., right-of-way petitioned to be closed is forty (40) feet wide with approximately twenty (20) feet of pavement. The subject portion is relatively level following the course of the River until it slopes upward to intersect with Hamilton Terrace. S,E. Piedmont Street, S.E" is a predominately residential street providing rear vehicular access to adjoining lots. Piedmont Avenue, S.E" is also a popular recreational corridor. The Riverview Boulevard, S.E" right-of-way petitioned to be closed by barricade is twelve (12) feet wide from Piedmont Street. S,E., to an alley that traverses between Official Tax Map Nos. 4150702 and 4030601 and thirty (30) feet from the alley to Willow Street. S.E. The pavement width is approximately twenty (20) feet. Pavement located outside of the twelve (12) foot right-of-way is on City owned property. Riverview Boulevard, S.E" is relatively level following the course of the river and is primarily used for recreational purposes, Most adjoining lots have vehicular access from Piedmont Street, S.E, The original petition and an amended petition were filed in September 2006 for consideration during the November 16, 2006, Planning Commission public hearing. The request to close the rights-of-way was continued at the November hearing to allow the applicant time to provide more definitive information on the location, width, landscaping, fencing, lighting and maintenance of the proposed alleys and greenway. A second amended petition was filed January 8, 2007, in an effort to address these issues prior to the January 18, 2007 Planning Commission public hearing. The actions taken are as follows: . The alley replacing Piedmont Street, S,E., will abut the property line of adjoining lots. . The alley replacing Piedmont Street, S,E., will be fourteen (14) feet in width and designed to accommodate trash collection. The alley replacing Riverview Boulevard. S.E" will be ten (10) feet in width. Both alleys will be paved with asphalt and will be separated from the recreational trail by landscaping. The timber guardrail that was initially proposed to separate the alley and recreation trail has been removed from the petition. 2 . The landscaping plan was completed by a certified landscape architect with LMW, P.C., in coordination with the City of Roanoke Parks and Recreation Department and the Roanoke Valley Greenway Commission. . The recreational trail and alley along the demolished portion of Piedmont Street will be illuminated by the existing streetlights, The recreational trail and alley along the demolished portion of Riverview Boulevard will not be lighted. . The recreational trail will be twelve (12) feet in width. . The recreational trail will be maintained by the City of Roanoke Parks and Recreation Department. At the January 18, 2007 public hearing, the Planning Commission stated they were pleased with the responsiveness of the applicant to the community's input. The Commission was concerned that the level of detail provided for this section of the Greenway would not be included in future phases due to lack of funding. The City's Engineer said that if the federal government continued to fund the project in the way they had indicated, this level of detail could be continued throughout the ten (10) mile stretch of the project. Three members of the public commented on this petition at the public hearing. Their comments included the following: . Increasing the width of the alley to fourteen (14) feet in width was supported. . Concern was expressed over whether the proposed plan, especially the alley, would really be built. The City's Engineer said that the Corps of Engineers had awarded the contract and that construction of the alley would be complete within the next twelve months, . Concern was expressed over parking and accessibility for the handicap and the elderly, The City's Engineer responded that there was trail parking available now and that the final grades of the trail were supportive of handicap/elderly access. . Interest was expressed in developing a community garden in the green area between the alley and greenway in the area closest to Carilion. The Planning Commission responded that a neighborhood association would have to support the project and that if they wished to proceed it should be done in the near future before the installation of any landscaping. Considerations: The property surrounding the two rights-of-way and following the Roanoke River is zoned ROS, Recreation and Open Space District, with a RCC Overlay, River and Creek Corridors Overlay District. The zoning of property that lies parallel to the two rights-of-way is primarily RM-1 and RM-2, Residential Mixed Density District, with a section of CN, Commercial-Neighborhood District, around the Walnut Avenue Bridge, 3 Staff received comments from AEP, Roanoke Gas Company, Verizon, and Western Virginia Water Authority. While there was no objection to the plan, most stated they will need to retain access to their facilities located in or along the Piedmont Street S,E" and Riverview Boulevard S.E., rights-of-way. Staff also received cornments from concerned property owners in regards to the potential loss of rear access to their lots, To address these concerns, the applicant has proposed to construct an alley providing rear vehicular access to all affected properties. The City's comprehensive plan, Vision 2001-2020, and the Riverland/Walnut Hill Neighborhood Plan strongly support efforts to complete the Roanoke River Greenway and Flood Reduction Project. In 1997, City Council adopted the Roanoke Valley Conceptual Greenways Plan as a component of the City's comprehensive plan, The Roanoke River Flood Reduction Project began in 1989 in conjunction with the U,S, Army Corps of Engineers to limit flood damage, stabilize the riverfront and increase recreational opportunities. The closure of Piedmont Street, S.E.. and Riverview Boulevard, S,E" by barricade supports the following policies of Vision 2001-2020, the City's Comprehensive Plan: . EC P1: Parks and recreation. Roanoke will develop, maintain and manage parks and recreation facilities that enhance the City's and region's quality of life. . EC P2: Greenways. Roanoke will develop a high-quality network of regional greenways for recreation, conservation and transportation. . EC P4: Environmental quality. Roanoke will protect the environment and ensure quality air and water for citizens of the region. Special emphasis will be placed on the Roanoke River and its tributaries. . IN P1: Regional transportation planning. Roanoke will participate in regional transportation planning through the MPO to appropriately develop regional plans that support compact urban development, discourage sprawl and emphasize multi-modal forms of transportation that prioritize facilities for bicycles, pedestrians, rail and transit as well as accommodate automobiles. (Note IN A7, Develop a greenway system to provide pedestrian and bicycle linkages between the region's parks, rivers, creeks, natural areas, recreation areas, business centers, schools. and other institutions.) The closure of Piedmont Street, S.E" and Riverview Boulevard, S.E., by barricade supports the following policies of the Riverland/Walnut Hill Neighborhood Plan: 4 . Community Design: o Flood Reduction: Support efforts to reduce flooding and potential damage to personal property - specifically the Roanoke River Flood Reduction Project. . Quality of Life: o Recreational Opportunities: Increase recreational usage of the area along the Roanoke River - specifically the completion of the Roanoke River Greenway. As this request is for a closure by barricade and not a vacation, no sale or transfer of land will occur. Recommendation: The Planning Commission recommends approval of the applicant's request to close by barricade a portion of Piedmont Street, S,E" and all of Riverview Boulevard, S,E" subject to the conditions listed below, A. The applicant shall construct to all applicable City standards an improved alley providing access to Official Tax Map Nos. 4030606 through 4030608, 4031401 through 4031407, and 4040708 through 4040717 in substantial conformity with the concept plan titled 'Roanoke River Flood Reduction Project Illustrative Plan 1, Illustrative Plan 2 and Illustrative Sections' by LMW P,C" dated January 8,2007. The alley replacing Piedmont Street, SE, shall be a minimum width of fourteen (14) feet to accommodate trash collection. The alley replacing Riverview Boulevard, SE, shall be a minimum width of ten (10) feet. Both alleys shall be paved with asphalt and shall be located in a dedicated right-of-way, B. The applicant shall install landscaping in substantial conformity with the concept plan titled 'Roanoke River Flood Reduction Project Illustrative Plan 1 and Illustrative Plan 2 and Illustrative Sections' by LMW, P.C., dated January 8,2007. Small deciduous trees and evergreen trees must be a minimum of five (5) feet at the time of planting. evergreen shrubs must be a minimum of twenty-four (24) inches at the time of planting and large deciduous trees must be a minimum caliper of two (2) inches at the time of planting. C. The applicant shall install removable bollards to allow AEP, Roanoke Gas Company, Verizon, Western Virginia Water Authority, and emergency vehicles, vehicular access to their facilities, . 5 Respectfully submitted, ff1( Henry 5 olz, Chairman Roanoke City Planning Commission cc: Darlene L. Burcham, City Manager William M, Hackworth, City Attorney 6 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: SECOND AMENDED PETITION APPLICATION OF THE CITY OF ROANOKE FOR CLOSURE BY BARRICADE OF RIVERVIEW BOULEVARD, SE, AND A PORTION OF PIEDMONT STREET, SE ) APPLICATION FOR ) CLOSURE BY ) BARRICADE OF RIVERVIEW ) BOULEVARD, SE, AND ) A PORTION OF PIEDMONT ) STREET, SE MEMBERS OF COUNCIL: The City of Roanoke applies to have a portion of Piedmont Street, SE, and the entire Riverview Boulevard, SE, in the City of Roanoke, Virginia, closed by barricade pursuant to Virginia Code Section 15.2-2006 and Section 30- 14, Code of the City of Roanoke (1979), as amended. These streets are more particularly described on attached maps and as follows: The portion of Piedmont Street, SE, is approximately 1,800' long and extends northeast from an intersection with Hamilton Terrace, SE, to an intersection at Riverview Boulevard, SE. Riverview Boulevard, SE, is approximately 2,500' long and extends northeast from Piedmont Street, SE, to Willow Street, SE. The City of Roanoke states that the grounds for this application are as follows: 1. The City of Roanoke and United States Corps of Engineers are joint partners in the Roanoke River Flood Reduction Project. This project includes river widening and the construction of a 12' wide recreational trail along the river-side portion of Piedmont Street, SE, and Riverview Boulevard, SE. As part of the construction, the portion of Piedmont Street, SE and the entire Riverview Boulevard, SE will be demolished and replaced with recreational trail. 2. The City of Roanoke owns a majority of parcels on both sides of the affected portion of Piedmont Street, SE, and Riverview Boulevard, SE. See Attachment 1 and 2 for a list of adjoining tax numbers. Any adjoining residences or businesses will have ingress/egress to their property from Hamilton Terrace SE, Arbor Avenue, SE, and Piedmont Street, SE. In addition, alleys will be constructed for residents who access the rear of their properties by means of Piedmont Street, SE and Riverview Boulevard, SE. City of Roanoke 215 Church Avenue Roanoke, Virginia 24011 a. The alley that functionally replaces the closed portion of Piedmont Street, SE will serve 18 residential structures and will be 14' wide. In addition, the alley will be designed to accommodate the existing trash collection. b. The alley that functionally replaces Riverview Boulevard, SE will serve 3 residential structures and will be 10' wide. This alley will not be used for trash collection. All existing trash collection is done at the front of the properties along Piedmont Street, SE. c. Both alleys will be asphalt paved and will be separated from the recreational trail by landscaping. See attached landscaping exhibits 1, 2, & 3 for details. The landscaping plans were coordinated with the City of Roanoke Parks and Recreation Department and Roanoke Valley Greenway Commission. d. The recreational trail will be maintained by the City of Roanoke Parks and Recreation Department. e. The recreational trail and alley along the demolished portion of Piedmont Street will be illuminated by the existing street lights. The recreational trail and alley along the demolished portion of Riverview Boulevard will not be lighted. 3. Each point of entrance and exit onto the affected portion of Piedmont Street and Riverview Boulevard will be barricaded by steel bollards. After flood reduction construction, only pedestrian traffic will be allowed. Wherefore, the City of Roanoke respectfully requests that the above described streets be closed by barricade by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.2-2006 and Section 30-14, Code of the City of Roanoke (1979), as amended. Re~fectfullY su itted , ~ .~~( ~rl~~ L. B rcham /-c<) 7 City Manage Date City of Roanoke 215 Church Avenue Roanoke, Virginia 24011 ~ i o ~ ~ cl:: g> .~ .5 ,g, 'ti oq: ... - ~ ~ ! oq: , - CD .t CIl - c:: o i ii: o '" <l)N ~ E ~ -c 8 ~ 'tIc:O <( -~ Dl~<( .5c:> = Q) - to <(> CIl :t "5 <I)..c: c: ... ~ co CIl ::l 0 C:..c:c: ;=0 0", ~ N '" ~pj -v Cl..:I: ~o "Cij u) ~ ::l ~.c .- E C:::l ~o o c: o ;:: C. i: ~ U III Ii a. 000 c: ~l'i CIlO c. o .. IL c: o ~ Ci5 ~ CIl ~ Cl.. .. 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G; \l.f~/! ~ \~. ~=~ Ii '\:.' c ',,..;" \:i \i .- ~, ...., .' ".-.', ,- " ~s..~t~~ e(2~'( r-<. ., , ":11 nlc;:.', nlr-~3; " ,.,1( ~,:--,.I ':.: (.---, -..:::.~. ",~.;;."''''::':;' d"!.: .:;:::: ._,," :.< RRFRP ~. _.~~,: -;-.-. , "'". ~."" Ii..~R .....-~:~~----. )'~.1".,J;~v;\rJlilr.I-'if ~t~'e.--'e.-';;j. Cf,o~ure~~/~i< J.I~'=..J,!!!..; P.\~1 till ~ U U. u~, ... ~:. RRFRP , " .. i~~/' ,..0 '::~r;:. .,. .;//'1 .....; ;,,{ -,..,: G) . ..; ,p1T~';' :~}~> ~~~'t "'J '..i< . ... ../. . 'l'... .,;, t ~~I:.:. '-\~: ,.." ';'~~': ':: ~?::.~:~':~~d~.~7~'" . , . .....,:., ". .>.. j; , ROANOKE RIVER FLOOD REDUCTION PROJECT "ILLUSTRATIVE PLAN 1" RIVERVIEW BOULEVARD & PIEDMONT STREET .liM W~~~ "-.." . . ==-- EXHIBIT #1 01108/07 City of Roanoke, Virginia O~.o~.~ ~. ::::'RA~IG :GALE ."." F.71fi .... -:.' ..:.~'~r> .. :::.~:. . ..' " ".": ~ HI."...I. ffi . I;.'.: -~ ~ 11i l}.... ,'f,,'/ , '~;~':'.}~): .. ,...1 I: .,,} 'PIIl' ... 0 ill U II e " ~~.: i~ N " ':g: I f- a; I--~I :i: ,~: I x w .... 0 W' ..,N .. ",OZ 0 wlf:5 Hj <!:zll. >w wo: "'OW ~f- ,,; w-> ::>en ~ ~....- Of- 0 Oo~ "'z 0 ;:0 . z'" 0 <(c.... w::; 0: O~(I) 5@ 0:_ 0::03 wll. > 0-' 0: 0' -' ... I'll I! i ,J ,:11 ,.. ".0. i:~. I !~: i.:l!it I ~~dl!i J. >.". .... O' w'" ..,z a::00 wa::~ >Q,O -zW a::o", w-w :0:....> 00- z::::l!;;: <fila:: oa::.... a::c'" 03 0-' -" u. '13 H V 1 N 0 IN a 3 I d :~ NOI1:l 3 S I JllPlnoL/S ~ ----t ~.~ " ~~ Ij : ~i I- mo J: x UJ dlH1S MOW 30lS llVHl .. " m 0:::1- Oi: <: UJ .~ Gj~ :> ...JI- rsi ::>lJ) ~ "I- 0 ID Z c ;:" ~ UJ::E a: :> ~ '15 a: _ '" ~ Il. () 0: s i . . 1i . . ~ ~ V3HV 3:lVHH31 N01l.....VH :~ NOI1:l3S 81 ~ ~ . Ii .. . " 111 2! li: ~' ~I ! . . K ~ . ~ Jg . m 8. ~ ~ j 1" ~j "J: !:e ~~ :1 .!!I ~ ~ " I ~ ~ ::i ~ tl pq ~~ In 1i 5 ~, -t il ifi Riverland-Walnut Hill Neighborhood Association 409 Arbor Ave. S.E., Roanoke, 24014 Martha P. Franklin Secretary, City of Roanoke Planning Commission 215 Church Avenue SW Roanoke, VA 240 II RECEIVED JAN 1 221m cnv OF ROANOKE PlANNING BUILDING AND DEVELOPMENT Dear Ms. Franklin: __This leller is sent ill relationship to the city's plans to barricade portions of Piedmont Street Southeast as pan of the flood reduction project. The Riverland-Walnut Hills Neighborhood Association has two concerns: I. We want to make certain that homeowners have full access to all areas of their property during and after the project time; 2. And, after the river projcct is complete, we want to encourage the city to recognize that not all persons who wish to enjoy the riverfront are able to walk it. Therefore, the neighborhood group wants to know what accommodations the city plans for elderly and/or disabled persons to enjoy this portion of the river. Perhaps one-way traffic can be considered. In any case, convenient parking should be included in the plan to make the river accessible to persons unable to walk long distances. We appreciate your allention to our concerns. Sincerely, J{2 / '~4 /~'- f /' - athy HilV President,lRiverland-Walnut Hill Neighborhood Organization 509 Arbor Ave. SE Roanoke, 24014 427-4328 Sbk/kh The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times - -- - - ---- - - - - - ---- - ----- - - - ---- - - - - - - - - - ----- - - - - -+- -- - - - ---- - -------- MARY F, PARKER CITY OF ROANOKE CLERK'S OFFICE 215 CHURCH AVE SW RM 456 NOEL C, TAYLOR MUNICIPAL BLDG. ROANOKE VA 24011 !' -NOnCEOF PUBLIC . HEARING REFERENCE: 32143302 10087677 NOTICE OF PUBLIC HEA The Council of thCl Citv of' Roanoke will hold a publiC hearing on Tuesday. . Febru,lrv 20, 2007, al 7:00 p.m"or'i1s soon thereilller as the milttor m3'ibe heard. .'n Ihe Council Chamber. fourth tloor, In the Noel C. !TaYlor Municipal BUilding. 215 Church Avenue. S.W.. 'Roanoke. VirJ:lnia, to consider the following: . Rf!quest from the City of Roanoke to close bv I' barricade the following strt'etsectlons: (1) an . apllroximatel~ 1.800 toot Ilong ponion of Piedmont Street, S.E.. e~tending In iI northeasterlydir~l.tionfrom its inte rsection~wi l h I . Hamilton Termce. S.E.. 10;tSI intersection ....ith Rlvervlew 80ulevard, s.E.: iI n d (2 j Rlvervlew 80ulev<lrd. S.E., running in a norlheasterly direc.tion from Piedmont Street, S.E.. to Willow streel. S.E.. for appro~imalClly 2. SOOfee!. A copy 01 the petition Is olvail,lble for review in the Office of the Cit~ Clerk, Room 456, '\loel C. T<l~lor Municipal Building, 215 Churcn Avenue. S.W" Roanoke. Virginia. I All parties in intert!st and citizens may 3ppear on the above di'lte and be heard on the malter. It you are a person with a dis~bl1ity who needs.3ccommodationslor 'thlsllcaring.pleaseconlacl 'the Cltv Clerk's Otflce. atl I B53-2541. before noon on IheThursdaybeforethCldolte 10f the heanng listed above. : GIVEN under nw hand thlSj 31st dJ.yof January. 2007. I 'I stepflanle M. Moon. CMC Acting City Clerk (10087677) State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: CitylCounty of Roanoke, Commonwea1th/State of Vif~~pia. Sworn and subscribed before me this ___?~_day of February 2007. Witness my hand ~fiCia1 sea~ "' oo~if~~-'l.:A~i"~'~ , . - I \. ;'. /'/ ~ :1' P1JBLI7I:1ED ON: ~02/02 02/09 :/". 0..... ,,\., ';,'/i \ TOTAL COST: FILED ON: 357.46 02/15/07 Authorized .. Signature: Billing Services Rep~esentative ...... -:: (".., .-.. ~ . .:$) ..<J i=1=l co 1--"- cr'l ~ '..::,..1 fl.J en r-..J I. ( -)'S, \ f\ - J \~~ ,-'f' NOTICE OF PUBLIC HEARING The Council of the City of Roan<.lke will hold a public hearing on Tuesday. Fcbruary ~I), ~007, at 7:00 p.m.. or as S<.llln thereaftcr as the matter may be heard. in the Council Chambcr. fourth 1100r, in the Noel C. Taylclr !\ilunicipall3uilding. 215 Church Avenue, S. W.. Roanoke, Virginia, to consider the' following: Request from the City of Roanoke to e10se by barricade the following street sections: (1) 3n approximately I ,SUO fe)ot long portion of Piedmont Street. S,E.. eXICnding in a northcasterly direction t"OIll its intersection with Hamilton Terrace, S,E.. t<.l its intersection with Riven'iew Boulevard, S.E.; and (~) Rivervicw Boulevard. S.E.. running in a northeasterlydircction from Piedmont Street, S.E., to \Villtl\\ Street, S.E., tor approximately~. 500 fi::et. A copy of the petition is available lor revicw in the Officc oi'the City Clerk. Room 456. Nllel C. Taylor Municipal Building. 215 Church Avenu", S.\V., Roanoke. Virginia. All parties in interest 3nd citizens may appear on the above date and be heard onlhe' mattcr. I fyou arc a person with a disability who needs aCC<.lm11l0dati<.lns for this hearing, pleasc contac.t the City Clerk's OniCl'. at S53-~54I, bel"re noon on the Thursday belore the date of the hearing listed abol.e. GIVEN under my hand this 31stday of---:!anua.!:y ,2007. Slephauie \1. Moon, CMC Acting City Ckrk K I='O II("J.""S.UTY.c l.fISE IIY (I.\llfl/CADJ, I'JEIJ.'10ST IIA.\lII.TllN I EIlIl,\CE IlJ\'!:RVli:V.' illll.'!.E\'AIHl- ~ !MJ(' Notice to Publisher: Puhlish in the Roanoke Times oncc on Friday, February 2,2007 and Friday, February 9,2007. Send bill and aftidavitto: Stephanie M. Moon, Acting City Clerk 215 Church Avenue, S. W, Roanoke, Virginia 24011 (540) 853-2541 - ... ~-L~ .....,: ~ . . CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Awnue, S. W.. Room 456 Roanoke. Virginia 24011-1536 T~It:phone: (5~0) H53-25~1 F~lX: 15-10) 85~\-1145 E-mail: c1erk@rmll1ob\"ll.~O\' SHEII.A ~. HARBIAN Assistllntt..:'it}'Clt'rk STEPHA~IE M, ~IO()N. CMC City Clerk February 8, 2007 File #514 Adjoining Property Owners: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Tuesday, February 20,2007, at 7:00 p,m" or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C, Taylor Municipal Building, 215 Church Avenue, S, 'w" City of Roanoke, on the request of the City of Roanoke that a portion of Piedmont Street, S. E., and the entire Riverview Boulevard, S. E., be closed by barricade. This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning, Building and Economic Development at 540-853-1730, If you would like to receive a copy of the report of the City Planning Commission, please call the City Clerk's Office at 540-853-2541. Sincerely, ~O'r1.~w Stephanie M. Moon, CMC City Clerk SMM:snh Kireetkumar Mehta Panna Mehta 872 Massachusetts Ave #305 Cambridge, MA 02139 CHS, Inc. POBox 12385 Roanoke, VA 24025 Denise Sweeney 2601 Mallard Drive, SW Roanoke, VA 24018 Richard and Erin Mardian 3218 Colonial Avenue Roanoke, VA 24018 Mark McConnel 532 Linden Street Roanoke, VA 24014 Herbert George 1243 Hamilton Terrace, SE Roanoke, VA 24014 Gary Oyler 3258 Bromley Road Roanoke, VA 24018 George Ray Snow POBox 338 Salem, VA 24153 Jonathan and Leah Sowers 917 Piedmont Street, SE Roanoke, VA 24014 Randall W, Jamison 813 Piedmont St, SE Roanoke, VA 24014 Dennis and Teresa Brown 1301 Hamilton Terrace, SE Roanoke, VA 24014 RMH POBox 12385 Roanoke, VA 24025 Appalachian Power Co, 1 Riverside Plaza Columbus, OH 43215 Roanoke Orthopedic Appliance Center 1105 Piedmont Street Roanoke, VA 24014 Scott Edwin Johnson 4394 Summerset Drive Roanoke, VA 24014 Gary Hughes 444 Arbor Avenue, SE Roanoke, VA 24014 Shannon Angel 1229 Hamilton Terrace, SE Roanoke, VA 24014 Thomas and Shirley SummE 1261 Hamilton Terrace, SW Roanoke, VA 24014 Eric Carlson 1251 Hamilton Terrace, SE Roanoke,VA 24014 Joan Petrus 4826 Deerfield Road Roanoke, VA 24014 Susan Gunther 4702 Glenbrook Drive Roanoke,VA 24018 Marie J. Turner, Life Est Donna M, Turner, Life Est 1235 Hamilton Terrace, SE Roanoke, VA 24014 John and Melanie Wilson 1019 Piedmont Street, SE Roanoke, VA 24014 David B. Trail 6534 Harmony Lane Roanoke, VA 24018 T. Marion and Virginia Smith 1003 Piedmont Street, SE Roanoke,VA 24014 Mary Ann Rexrode 1005 Overland Road, SW Roanoke, VA 24015 James and Mary Hosey 913 Piedmont Street, SE Roanoke, VA 24014 Elizabeth A. Landry 909 Piedmont St, SE Roanoke, VA 24014 Michelle R. Riley 1307 Hamilton Terrace, SE Roanoke,VA 24014 Bonnie J, Witt 1311 Hamilton Terrace, SE Roanoke, VA 24014 Andrew M, Sassard 1315 Hamilton Terrace. SE Roanoke, VA 24014 M. W. Hylton, Jr. Roberta K. Hylton 7752 Creek Cr. SW Roanoke, VA 24018 W. B. Godsey James. E. Body 3151 West Ridge Road Roanoke, VA 24014 Christianna H. Cranwell 1331 Hamilton Terrace, SE Roanoke, VA 24014 if ,. ~l~ . , -= n.:..~ ". ~~ . CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church ;\ venue. S. W.. Room 456 Roanoke. Virginia 24011-1536 Tl'lephone: (';40) 8::~'-2S.n Fax: '5-UJJ 1'15.'-1145 E-mail: derk@nlllnokt.\II.gU\" SHEILA ~. HART\lA~ Assistanl Cit)' Clerk STEPHANIE M. "OOlli. CMC .-\din~ Cil} Clerk January 9, 2007 File #514 Richard A. Rife, Chair City Planning Commission 1326 Grandin Road, S. W. Roanoke, Virginia 2401 5 Dear Mr. Rife: Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of the Second Amended Application received in the City Clerk's Office on January 9, 2007, from the City of Roanoke requesting that a portion of Piedmont Street, S. E., and the entire Riverview Boulevard, S. E., be closed by barricade. Sincerely, t ~q~ 'rY). h'l~ Stephanie M. Moon, CMC Acting City Clerk SMM:snh Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council (w/out enclosure) Darlene L. Burcham, City Manager (w/out enclosure) Susan S. Lower, Director, Real Estate Valuation Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney 1I::\Rr,:";'II.~'< .. S&,\ el, .'::I~ .,\.~r.I/' S&.-\ C,..," .Jlf\\l.-rc ,L'llr; (C1".~ ~:.'l>~~l..J~,' Ri\"~r\ i~w &. f'lt';III,.ni h ~nd .-\111~ ,.d,,~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: SECOND AMENDED PETITION APPLICATION OF THE CITY OF ROANOKE FOR CLOSURE BY BARRICADE OF RIVERVIEW BOULEVARD, SE, AND A PORTION OF PIEDMONT STREET, SE ) APPLICATION FOR ) CLOSURE BY ) BARRICADE OF RIVERVIEW ) BOULEVARD, SE, AND ) A PORTION OF PIEDMONT ) STREET. SE MEMBERS OF COUNCIL: The City of Roanoke applies to have a portion of Piedmont Street, SE, and the entire Riverview Boulevard, SE, in the City of Roanoke, Virginia, closed by barricade pursuant to Virginia Code Section 15.2-2006 and Section 30- 14, Code of the City of Roanoke (1979), as amended. These streets are more particularly described on attached maps and as follows: The portion of Piedmont Street, SE, is approximately 1,800' long and extends northeast from an intersection with Hamilton Terrace, SE, to an intersection at Riverview Boulevard, SE. Riverview Boulevard, SE, is approximately 2,500' long and extends northeast from Piedmont Street, SE, to Willow Street, SE. The City of Roanoke states that the grounds for this application are as follows: 1. The City of Roanoke and United States Corps of Engineers are joint partners in the Roanoke River Flood Reduction Project. This project includes river widening and the construction of a 12' wide recreational trail along the river-side portion of Piedmont Street, SE, and Riverview Boulevard, SE. As part of the construction, the portion of Piedmont Street, SE and the entire Riverview Boulevard, SE will be demolished and replaced with recreational trail. 2. The City of Roanoke owns a majority of parcels on both sides of the affected portion of Piedmont Street, SE, and Riverview Boulevard, SE. See Attachment 1 and 2 for a list of adjoining tax numbers. Any adjoining residences or businesses will have ingress/egress to their property from Hamilton Terrace SE, Arbor Avenue, SE, and Piedmont Street, SE. In addition, alleys will be constructed for residents who access the rear of their properties by means of Piedmont Street, SE and Riverview Boulevard, SE. City of Roanoke 215 Church Avenue Roanoke, Virginia 24011 a. The alley that functionally replaces the closed portion of Piedmont Street, SE will serve 18 residential structures and will be 14' wide. In addition, the alley will be designed to accommodate the existing trash collection. b. The alley that functionally replaces Riverview Boulevard, SE will serve 3 residential structures and will be 10' wide. This alley will not be used for trash collection. All existing trash collection is done at the front of the properties along Piedmont Street, SE. c. Both alleys will be asphalt paved and will be separated from the recreational trail by landscaping. See attached landscaping exhibits 1, 2, & 3 for details. The landscaping plans were coordinated with the City of Roanoke Parks and Recreation Department and Roanoke Valley Greenway Commission. d. The recreational trail will be maintained by the City of Roanoke Parks and Recreation Department. e. The recreational trail and alley along the demolished portion of Piedmont Street will be illuminated by the existing street lights. The recreational trail and alley along the demolished portion of Riverview Boulevard will not be lighted. 3. Each point of entrance and exit onto the affected portion of Piedmont Street and Riverview Boulevard will be barricaded by steel bollards. After flood reduction construction, only pedestrian traffic will be allowed. Wherefore, the City of Roanoke respectfully requests that the above described streets be closed by barricade by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 1 S.2-2006 and Section 30-14, Code of the City of Roanoke (1979), as amended. City of Roanoke 215 Church Avenue Roanoke, Virginia 24011 ';"t'~ld... " ROANOKE RtVER FLOOD REDUCTION PROJECT "ILLUSTRATIVE PLAN 1" RIVERVIEW BOULEVARD & PIEDMONT STREET City of Roanoke, Vil'Hinia 1:; M ~ ~ '=--;:E ~,--r.:.;_._ _ ::c:= = === EXHIBIT #1 01108/07 o ~.o~.~., 00 ~A.APH;G SCAL.E Il~ Jill : ,/1:.1, C~I I~J f~ I Il~111I I , N .. I- 10 l- V w' ....'" ",oz wlES ~zD.. "'ow w-> :,::1-- oV!;j: z=>", <(fill- 0",'" D::c3 0= 0' ... u. " " 0:1- ""w >w wo: ...Jt- a) ::>cn ~ 0.... 0 [I) Z 1ij ,,0 0 w:2 0: 5~ 0:_ w"'- > ii' '' will ..,z " o::OQ ~ .!!i! U,lD::I-<ru.!: '>D.U>LL1.~ '-ZWwa:::> 0::: 0 en ...J t- - W-w ::JU) ]1 I- 0 I- 0: ::':-0> CDZ l: O::::>>t= 3:0 ~ Zc<c w::E a:: ~W~5@o D::a:U)ffic::~ C:::::I > U O...J ii: 0-' ...1:- lL . . " . ~ . . ~ . u .. . ~ , JAPlno\jS! '-:1- . ~, ~'% iqCll ~,~ i!i,:c: :g,~ ~ ~ ffi'~ i ii fi ~i ~. ,] '~i .:"' .;, " :! ~ , . -i & '<I3~'<I 3:l'<l~~31 N01111'II'<lH :~ i \ , \ . {! ~"~ V~~l / . .~ *- ~,!;"""' --- ~---l ~T\;~~~.l~~--lJ ,.. ,~~-~~~ .', ,f1! ~\ /.' --- 1(31) ~--~ \4' .. ~... .. ~<"'-~S5 1 ~ ~~\ r;5., ~.J '{'i~ - \~ -~ // II C:-~f'-~ I ~~J:'t~J,' / /{:;1.;~0r;;~r~' ,'1< , I / '~~~ / Ii' (~ . "I \, ~ e (~ 'J~' ,,1] \Y \,,} 4l .~ --~\ '"'0' c:;;--. \. o~- ~ \ \ \ \ \ \ \ \ \\ \\ \ \ \ \ \\ \ \ \ \ 1 \ NOI1:l3S 8' ~ . ~ il -rt.g ~ .~ ~.. I' n .c . . i!i~ . ~ > ~ ~ ~ m 0, & a ,s: ~ c. u ~! ~ . . ~ " ~ . ~~ Ou 0;: ~ ~ >in . ~ . ~ g a, -...--e-.- ~ .g , ::!!:iti .... __._ t:J J~ ~! s ~ . :I ~' ~ " '" \ , \ \ \'. ~. \ , --r &I .~ ' CITY OF ROANOKE OFFICE OF THE CITY CLERK 2t5 Church A\'Onu., S. W.. Room .tS6 Roanok., Virginia 2.tOIl-IS36 Telephone: (5~O) H5.'-25~ I "'l.IX: l5..tO.1 R53-1145 E-mail: c1t'rk@rolllloke\a.go\' SHEILA :-I. HARHIAN Assistant Ot)' Clt'rk STEI'II.A:-IIE \1. \100:", nil: Arling City Clerk October 30, 2006 File #514 Richard A. Rife, Chair City Planning Commission 1326 Grandin Road, S. W. Roanoke, Virginia 24015 Dear Mr. Rife: Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of the First Amended Application received in the City Clerk's Office on October 30, 2006, from the City of Roanoke requesting that a portion of Piedmont Street, S. E., and the entire Riverview Boulevard, S. E., be closed by barricade. Sincerely, . . tn.~\:)b7V Stephanie M. Moon, CMC ~ Acting City Clerk SMM:snh Enclosures pc: The Honorable Mayor and Members of the Roanoke City Council Darlene L. Burcham, City Manager Susan S. Lower, Director, Real Estate Valuation Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney K:\F.~/."mn~< - S&A ('IU>.1';~\:IIU(' 5&1\ C;"~ir:!;~\1 PC ~(ilr; ,t:~,:~. h" t",r1i.:l.tt- f{'~'::~I"W .!..:. P,('.1I1l.':lli ,I"..: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: FIRST AMENDED PETITION APPLICATION OF THE CITY OF ROANOKE FOR CLOSURE BY BARRICADE OF RIVERVIEW BOULEVARD, SE, AND A PORTION OF PIEDMONT STREET, SE APPLICATION FOR CLOSURE BY BARRICADE OF RIVERVIEW BOULEVARD, SE, AND A PORTION OF PIEDMONT STREET, SE MEMBERS OF COUNCIL: The City of Roanoke applies to have a portion of Piedmont Street, SE, and the entire Riverview Boulevard, SE, in the City of Roanoke, Virginia, closed by barricade pursuant to Virginia Code Section J 5.2-2006 and Section 30-14, Code of the City of Roanoke (J 979), as amended. These streets are more particularly described on attached maps and as follows: The portion of Piedmont Street, SE, is approximately J ,800' long and extends northeast from an intersection with Hamilton Terrace, SE, to an intersection at Riverview Boulevard, SE. Riverview Boulevard, SE, is approximately 2,500' long and extends northeast from Piedmont Street, SE, to Willow Street, SE. The City of Roanoke states that the grounds for this application are as follows: 1. The City of Roanoke and United States Corps of Engineers are joint partners in the Roanoke River Flood Reduction Project. This project includes river widening and the construction of recreational trail along the river-side portion of Piedmont Street, SE, and Riverview Boulevard, SE. As part of the construction, the portion of Piedmont Street, SE and the entire Riverview Boulevard, SE will be demolished and replaced with recreational trail. 2. The City of Roanoke owns a majority of parcels on both sides of the affected portion of Piedmont Street, SE, and Riverview Boulevard, SE. See Attachment 1 and 2 for a list of adjoining tax numbers. Any adjoining residences or businesses will have ingress/egress to their property from Hamilton Terrace SE, Arbor Avenue, SE, and Piedmont Street, SE. In addition, alleys will be constructed for residents who access the rear of their properties by means of Piedmont Street, SE and Riverview Boulevard, SE. Page 2 of 2 3. Each point of entrance and exit onto the affected portion of Piedmont Street and Riverview Boulevard will be barricaded by steel bollards. After flood reduction construction, only pedestrian traffic will be allowed. Wherefore, the City of Roanoke respectfully requests that the above described streets be closed by barricade by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.2-2006 and Section 30-14, Code of the City of Roanoke (1979), as amended. Respectfully submitted, ,\ Ii I, , f /2 .~. ... ..2;7 ;, I," .; .' / . .. . U I I ' ('/"1),' u>-'-__ ,:1t'&ul~ '-/ Darlene L. ~urcham City Manager 111-:;;"7-0(, Date 0 '" Ul C\J Ul E '" '" ~ C1l~ ~ 0 'C 0 ~ NC\J ::i! 0: 0 ro'" " -" . C\J 0.. I Cl ~<>: ~O ,g e> '" '00 en ';0 > cD ~ 0) :;) :; <>: .0<: >.0 .<:: 0 .- E Ul CJ e 0: :;) ~ :; C1l '" 0 ~o e .<:: 0: U ~U 0 '" ~ C\J l: o :;:: Q.O) 'i: 0 u ro Ul "- "'en C e "'0) 1: a. 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(;; (!J UJ en cD ::> c Q) > <I: Q) ::> c OJ > <I: ~ o .c '"= ... ... ... ~ o .c '"= ... '" ... .......-... TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE CLOSURE BY BARRICADE REQUEST OF: City of Roanoke for Piedmont Street, S.E., and Riverview Boulevard, S.E. ) )AFFIDAVIT COMMONWEALTH OF VIRGINIA ) ) TO-WIT: ) CITY OF ROANOKE . The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 2nd day of January, 2007, notices of a public hearing to be held on the 18th day of January, 2007, on the request captioned above to the owner or agent of the parcels listed below: Tax No. 4040716 4040717 4040718 4040825 4040824 4040823 4030609 4150301 4150417 4150418 4150419 4030613 4031303 4031401 4031408 Owner Mailinq Address Kireetkumar and Panna Mehta #305 972 Massachusetts Avenue Cambridge, MA 02139 RMH POBox 12385 Roanoke, VA 24014 CHS, Inc. Roanoke Orthopedic Appliance Co., Inc. 1105 Piedmont Street Roanoke, VA 24014 Denise Sweeney 2601 Mallard Drive Roanoke, VA 24018 Scott Edwin Johnson 4394 Summerset Drive Roanoke, VA 24014 Gary Hughes 444 Arbor Avenue, SE Roanoke,VA 24014 Richard and Erin Mardian 3218 Colonial Avenue, SW Roanoke, VA 24018 Appalachian Power Co. 1 Riverside Plaza Columbus, OH 43215 Shannon Angel 1229 Hamilton Terrace, SE Roanoke, VA 24014 Thomas and Shirley Summer 1261 Hamilton Terrace, SE Roanoke, VA 24014 4031407 Mark McConnel 532 Linden Street Roanoke, VA 24014 4031406 Eric A. Carlson 1251 Hamilton Terrace, SE Roanoke, VA 24014 4031405 Joan K. Petrus 4825 Deerfield Road Roanoke, VA 24014 4031404 Herbert R. George 1243 Hamilton Terrace, SE Roanoke,VA 24014 4031403 Susan Gunther 4702 Glenbrook Drive Roanoke, VA 24018 4031402 Marie J. Turner Life Estate 1235 Hamilton Terrace, SE Donna M. Turner Life Estate Roanoke, VA 24014 4030608 Gary N. Oyler 3258 Bromley Road Roanoke,VA 24018 4030607 John and Melanie Wilson 1019 Piedmont Street, SE Roanoke, VA 24014 4030606 David B. Trail 6534 Harmony Lane Roanoke,VA 24018 4030605 George Ray Snow POBox 338 Salem, VA 24153 4030603 T. Marion and Virginia Smith 1003 Piedmont Street Roanoke, VA 24014 4030619 Mary Ann Rexrode 1005 Overland Road, SW Roanoke, VA 24015 4030618 Jonathan and Leah Sowers 917 Piedmont Street, SE Roanoke,VA 24014 4030601 James and Mary Hosey 913 Piedmont Street, SE Roanoke, VA 24014 4150702 Elizabeth A. Landry 909 Piedmont Street, SE Roanoke, VA 24014 4150703 Randall W. Jamison 813 Piedmont Street, SE Roanoke, VA 24014 4040708 Dennis and Teresa Brown 1301 Hamilton Terrace, SE Roanoke, VA 24014 4040709 Michelle R. Riley 1307 Hamilton Terrace, SE Roanoke,VA 24014 4040710 Bonnie J. Witt 1311 Hamilton Terrace, SE Roanoke, VA 24014 4040711 Andrew M. Sassard 1315 Hamilton Terrace, SE Roanoke, VA 24014 4040712 M. W. Hylton, Jr. 7752 Creek Cr. SW Roberta Hylton Roanoke, VA 24018 4040713 4040714 William Blair Godsey James E. Body 3151 West Ridge Road Roanoke, VA 24014 4040715 Christianna H. Cranwell 1331 Hamilton Terrace, SE Roanoke, VA 24014 Notice also mailed to: Bill Thomasson, President, Neighbors in S. Roanoke, 2621 Crystal Spring Avenue, SW, 24014 and Kathy Hill, President, Riverland/Walnut Hill Neighbors, 509 Arbor Avenue, S.E. 24014 /f;~ L?vtvulL Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 2nd day of January, 2007. ~~ Not~bliC My Commission Expires: c9.j d- ~ I (ij TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE CLOSURE BY BARRICADE REQUEST OF: City of Roanoke for Piedmont Street, S.E., and Riverview Boulevard, S.E. ) )AFFIDAVIT COMMONWEALTH OF VIRGINIA TO-WIT: CITY OF ROANOKE The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 2yth day of November, 2006, notices of a public hearing to be held on the'21st day of December, 2006, on the request captioned above to the owner or agent of the parcels listed below: Tax No. 4040716 4040717 4040718 4040825 4040824 4040823 4030609 4150301 41 50417 4150418 4150419 4030613 4031303 4031401 4031408 Owner Mailinq Address 972 Massachusetts Avenue Cambridge, MA 02139 Kireetkumar and Panna Mehta #305 RMH POBox 12385 Roanoke,VA 24014 CHS, Inc. Roanoke Orthopedic Appliance Co., Inc. 1105 Piedmont Street Roanoke, VA 24014 Denise Sweeney 2601 Mallard Drive Roanoke, VA 24018 Scott Edwin Johnson 4394 Summerset Drive Roanoke,VA 24014 Gary Hughes 444 Arbor Avenue, SE Roanoke, VA 24014 Richard and Erin Mardian 3218 Colonial Avenue, SW Roanoke, VA 24018 Appalachian Power Co. 1 Riverside Plaza Columbus,OH 43215 Shannon Angel 1229 Hamilton Terrace, SE Roanoke, VA 24014 Thomas and Shirley Summer 1261 ,Hamilton Terrace, SE Roanoke, VA 24014 4031407 Mark McConnel 532 Linden Street Roanoke, VA 24014 4031406 Eric A. Carlson 1251 Hamilton Terrace, SE Roanoke,VA 24014 4031405 Joan K. Petrus 4825 Deerfield Road Roanoke, VA 24014 4031404 Herbert R. George 1243 Hamilton Terrace, SE Roanoke, VA 24014 4031403 Susan Gunther 4702 Glenbrook Drive Roanoke, VA 24018 4031402 Marie J. Turner Life Estate 1235 Hamilton Terrace, SE Donna M. Turner Life Estate Roanoke, VA 24014 4030608 Gary N. Oyler 3258 Bromley Road Roanoke, VA 24018 4030607 John and Melanie Wilson 1019 Piedmont Street, SE Roanoke, VA 24014 4030606 David B. Trail 6534 Harmony Lane Roanoke, VA 24018 4030605 George Ray Snow POBox 338 Salem, VA 24153 4030603 T. Marion and Virginia Smith 1003 Piedmont Street Roanoke, VA 24014 4030619 Mary Ann Rexrode 1005 Overland Road, SW Roanoke,VA 24015 4030618 Jonathan and Leah Sowers 917 Piedmont Street, SE Roanoke,VA 24014 4030601 James and Mary Hosey 913 Piedmont Street, SE Roanoke, VA 24014 4150702 Elizabeth A. Landry 909 Piedmont Street, SE Roanoke, VA 24014 4150703 Randall W. Jamison 813 Piedmont Street, SE Roanoke, VA 24014 4040708 Dennis and Teresa Brown 1301 Hamilton Terrace, SE, Roanoke, VA 24014 4040709 Michelle R. Riley 1307 Hamilton Terrace, SE Roanoke, VA 24014 4040710 Bonnie J. Witt 1311 Hamilton Terrace, SE Roanoke, VA 24014 4040711 Andrew M. Sassard 1315 Hamilton Terrace, SE Roanoke, VA 24014 4040712 M. W. Hylton, Jr. 7752 Creek Cr. SW Roberta Hylton Roanoke, VA 24018 4040713 4040714 William Blair Godsey James E. Body 3151 West Ridge Road Roanoke, VA 24014 4040715 Christianna H. Cranwell 1331 Hamilton Terrace, SE , Roanoke,VA 24014 YhMat~ ltU< 1vrAM/dv Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 27th day of November, 2006. ~U:dACLn\.J Notary Public My Commission Expires: c2/d..o J 07 , .. TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE CLOSURE BY BARRICADE REQUEST OF: City of Roanoke for Piedmont Street, S.E., and Riverview Boulevard, S.E. ) )AFFIDA\(IT COMMONWEALTH OF VIRGINIA ) ) TO-WIT: ) CITY OF ROANOKE The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 23rd day of October, 2006, notices of a public hearing to be held on the 16th day of November, 2006, on the request captioned above to the owner or agent of the parcels listed below: Tax No. 4040716 4040717 4040718 4040825 4040824 4040823 4030609 4150301 4150417 4150418 4150419 4030613 4031303 4031401 4031408 Owner Mailinq Address Kireetkumar and Panna Mehta #305 972 Massachusetts Avenue Cambridge, MA 02139 RMH POBox 12385 Roanoke, VA 24014 CHS, Inc. Roanoke Orthopedic Appliance Co., Inc. 1105 Piedmont Street Roanoke, VA 24014 Denise Sweeney 2601 Mallard Drive Roanoke, VA 24018 Scott Edwin Johnson 4394 Summerset Drive Roanoke, VA 24014 Gary Hughes 444 Arbor Avenue, SE Roanoke, VA 24014 Richard and Erin Mardian 3218 Colonial Avenue, SW Roanoke, VA 24018 Appalachian Power Co. 1 Riverside Plaza Columbus, OH 43215 Shannon Angel 1229 Hamilton Terrace, SE Roanoke,VA 24014 Thomas and Shirley Summer '1261 Hamilton Terrace, SE Roanoke, VA 24014 4031407 Mark McConnel 532 Linden Street Roanoke, VA 24014 4031406 Eric A. Carlson 1251 Hamilton Terrace, SE Roanoke,VA 24014 4031405 Joan K. Petrus 4825 Deerfield Road Roanoke,VA 24014 4031404 Herbert R. George 1243 Hamilton Terrace, SE Roanoke, VA 24014 4031403 Susan Gunther 4702 Glenbrook Drive Roanoke, VA 24018 4031402 Marie J. Turner Life Estate 1235 Hamilton Terrace, SE Donna M. Turner Life Estate Roanoke,VA 24014 4030608 Gary N. Oyler 3258 Bromley Road Roanoke, VA 24018 4030607 John and Melanie Wilson 1019 Piedmont Street, SE Roanoke, VA 24014 4030606 David B. Trail 6534 Harmony Lane Roanoke, VA 24018 4030605 George Ray Snow POBox 338 Salem, VA 24153 4030603 T. Marion and Virginia Smith 1003 Piedmont Street Roanoke, VA 24014 4030619 Mary Ann Rexrode 1005 Overland Road, SW Roanoke, VA 24015 4030618 Jonathan and Leah Sowers 917 Piedmont Street, SE Roanoke,VA 24014 4030601 James and Mary Hosey 913 Piedmont Street, SE Roanoke, VA 24014 4150702 Elizabeth A. Landry 909 Piedmont Street, SE Roanoke, VA 24014 4150703 Randall W. Jamison 813 Piedmont Street, SE Roanoke,VA 24014 4040708 Dennis and Teresa Brown 1301 Hamilton Terrace. SE Roanoke,VA 24014 4040709 Michelle R. Riley 1307 Hamilton Terrace, SE Roanoke,VA 24014 4040710 Bonnie J. Witt 1311 Hamilton Terrace, SE Roanoke, VA 24014 4040711 Andrew M. Sassard 1315 Hamilton Terrace, SE Roanoke, VA 24014 4040712 M. W. Hylton, Jr. 7752 Creek Cr. SW Roberta Hylton Roanoke, VA 24018 " 4040713 4040714 William Blair Godsey James E. Body 3151 West Ridge Road Roanoke, VA 24014 4040715 Christianna H. Cranwell 1331 Hamilton Terrace, SE Roanoke, VA 24014 Notice also mailed to: Bill Thomasson, President, Neighbors in S. Roanoke, 2621 Crystal Spring Avenue, SW, 24014 and Kathy Hill, President, Riverland/Walnut Hill Neighbors, 509 Arbor Avenue, S.E. 24014 ~ fJcu.L9V~ Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 23rd day of October, 2006. rJnd;~ ~ Notary Public My Commission Expires: i!OV.01rl.-W 0g ;2()()'f) CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 21S Church A,onu., S.W., Room )(i6 ROanl.lke. Virginia 240 II Tcll'phonc: IS,ftl) 8S3-IBO Fax: IS,fO) 8S.\-12.\1I E-mail: plannillg@f..~i.rnallokl'."a.us. .\rchilt!('lur:11 Rl'\il'\\ n":Jnl n..ard nfZUllin;: .\I-'IICal~ 1'lanninJ.: Cnmmi....iun October 2, 2006 Dear Interested Citizen: Subject: Request from the City of Roanoke to close by barricade the following street sections: (1) an approximately 1,800 foot long portion of Piedmont Street, S.E., extending in a northeasterly direction from its intersection with Hamilton Terrace, S.E., to its intersection with Riverview Boulevard, S.E.; and (2) Riverview Boulevard, S.E., running in a northeasterly direction from Piedmont Street, S.E., to Willow Street, S.E., for approximately 2,500 feet. Please be advised that the above-referenced matter will not be heard by the City Planning Commission on October 20, 2006, as you were previously notified. Once this matter has been rescheduled, I will again notify you by mail of the time, date and location of the public hearing. Thank you. Sincerely, ":li " .- v .~.-!!!-..u. Uu... Yi.'-'"tl/U,,^- . Martha P. Franklin, Secretary City Planning Commission If .ee: Ster.\liialjl~00Ij1J.I};cti~r."Git\1'@le~~ ., .t< , " "'~f_ }.A. .. lit Kireetkumar Mehta Panna Mehta 872 Massachusetts Ave #305 Cambridge, MA 02139 CHS, Inc. POBox 12385 Roanoke,VA 24025 Denise Sweeney 2601 Mallard Drive, SW Roanoke, VA 24018 Richard and Erin Mardian 3218 Colonial Avenue Roanoke, VA 24018 Barbara Duerk 2607 Rosalind Avenue, SW Roanoke, VA 24014 John Renick 436 Walnut Avenue, SE Roanoke, VA 24014 Christianna Cranwell 1301 Hamilton Terrace, SE Roanoke, VA 24014 RMH POBox 12385 Roanoke,VA 24025 Appalachian Power Co. 1 Riverside Plaza Columbus, OH 43215 Roanoke Orthopedic Appliance Center 1105 Piedmont Street Roanoke,VA 24014 Scott Edwin Johnson 4394 Summerset Drive Roanoke, VA 24014 Gary Hughes 444 Arbor Avenue, SE Roanoke, VA 24014 Bill Thomasson, President Neighbors in South Roanoke 2621 Crystal Spring Avenue Roanoke, VA 24014 Kathy Hill, President Riverland/Walnut Hills Neigh. 509 Arbor Avenue, SE Roanoke, VA 24014 Maureen Castern 2719 Wycliffe Avenue, SW Roanoke, VA 24014 Sandra Kelly 1216 Sylvan Road, SW Roanoke, VA 24014 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE CLOSURE BY BARRICADE REQUEST OF: City of Roanoke for Piedmont Street, S.E., and Riverview Boulevard, S.E. ) )AFFIDAVIT COMMONWEALTH OF VIRGINIA ) ) TO-WIT: ) CITY OF ROANOKE The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 26th day of September, 2006, notices of a public hearing to be held on the 20th day of October, 2006, on the request captioned above to the owner or agent of the parcels listed below: Tax No. 4040716 4040715 4040825 4040824 4040823 4030609 4150301 4150417 4150418 4150419 4030613 4031303 Owner Mailinq Address Kireetkumar and Panna Mehta #305 972 Massachusetts Avenue Cambridge, MA 02139 Christianna Cranwell 1301 Hamilton Terrace, SE Roanoke,VA 24014 RMH POBox 12385 Roanoke, VA 24014 CHS, Inc. Roanoke Orthopedic Appliance Co., Inc. 1105 Piedmont Street Roanoke, VA 24014 Denise Sweeney 2601 Mallard Drive Roanoke, VA 24018 Scott Edwin Johnson 4394 Summerset Drive Roanoke,VA 24014 Gary Hughes 444 Arbor Avenue, SE Roanoke,VA 24014 Richard and Erin Mardian 3218 Colonial Avenue, SW Roanoke, VA 24018 Appalachian Power Co. 1 Riverside Plaza Columbus, OH 43215 Notice also mailed to: Bill Thomasson, President, Neighbors in S. Roanoke, 2621 Crystal Spring Avenue, SW, 24014 and Kathy Hill, President, Riverland/Walnut Hill Neighbors, 509 Arbor Avenue, S.E. 24014 L/Jt~ L;y~./ Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 26th day of September, 2006. ---fkdatf ~ Notary Public My Commission Expires: /Jlb/08 , f CITY OF ROANOKE Office of the City Clerk 215 Church A venue, S. W., Room 4S6 Roanoke, Virginia 24011-1S36 Telephon.: (S40) 853-254] FDX: IS40) 853-] 145 E-mail: clerk(~'~roallokeva.go" Stephanie 1\1. Moon, CI\1C A.ting Cit~. Clrrk Sheila ]';. Hartman Assistant Cit~. Clerk September II, 2006 File #514 Richard A. Rife, Chair City Planning Commission 1326 Grandin Road, S. W. Roanoke, Virginia 24015 Dear Mr. Rife: Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an application received in the City Clerk's Office on September 7, 2006, from the City of Roanoke requesting that a portion of Piedmont Street, and the entire Riverview Boulevard, S. E., be closed by barricade. Sincerely, ~.:.v tn. ~b8-J Stephanie M. Moon, CMC Acting City Clerk SMM:ew Enclosures pc: The Honorable Mayor and Members of the Roanoke City Council Darlene L. Burcham, City Manager Susan S. Lower, Director, Real Estate Valuation Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney J. Frederick Gusler, City Planner II IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: APPLICATION OF THE CITY OF ROANOKE FOR CLOSURE BY BARRICADE OF RIVERVIEW BOULEVARD, SE, AND A PORTION OF PIEDMONT STREET, SE ) APPLICATION FOR ) CLOSURE BY ) BARRICADE OF RIVERVIEW ) BOULEVARD, SE, AND ) A PORTION OF PIEDMONT ) STREET, SE MEMBERS OF COUNCIL: The City of Roanoke applies to have a portion of Piedmont Street, SE, and the entire Riverview Boulevard, SE, in the City of Roanoke, Virginia, closed by barricade pursuant to Virginia Code Section 15.2-2006 and Section 30-14, Code of the City of Roanoke (1979), as amended. These streets are more particularly described on attached maps and as follows: The portion of Piedmont Street, SE, is approximately 1,800' long and extends northeast from an intersection with Hamilton Terrace, SE, to an intersection at Riverview Boulevard, SE. Riverview Boulevard, SE, is approximately 2,500' long and extends northeast from Piedmont Street, SE, to Willow Street, SE. The City of Roanoke states that the grounds for this application are as follows: 1. The City of Roanoke and United States Corps of Engineers are joint partners in the Roanoke River Flood Reduction Project. This project includes river widening and the construction of recreational trail along the river-side portion of Piedmont Street, SE, and Riverview Boulevard, SE. After construction, tbe trail will become part of the Roanoke Greenway system. 2. The City of Roanoke owns a majority of parcels on both sides of the affected portion of Piedmont Street, SE, and Riverview Boulevard, SE. See Attachment 1 and 2 for a list of adjoining tax numbers. Any adjoining residences or businesses will have ingress/egress to their property from Hamilton Terrace SE, Arbor Avenue, SE, and Piedmont Street, SE. 3. Each point of entrance and exit onto the affected portion of Piedmont Street and Riverview Boulevard will be barricaded by steel bollards. After flood reduction construction, only pedestrian traffic will be allowed. Wherefore, the City of Roanoke respectfully requests that the above described streets be closed by barricade by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.2-2006 and Section 30-14, Code of the City of Roanoke (1979), as amended. __I__}_~_C!.~__ Date ~ Gl ~ o ~ Gl Q" 2 Q" ~ ';: :0 '6' '<l: ... - '" Gl E .s:: l.l J!! - '<l: , - a: :: CI) - '" Q ~ Gl a: o '0 "'''' "' ~ E,.... _ 0 ~ ~ 00 ~rr:... .", tllQl<l: .S: E> :: Q) . .. > Ql :;;<l:x U) .c g .... 2 co: GI ::l 0 C.c:o: ;=0 0'0 ~ '" C o :;::; C- .;: ~ () .. "' Q. GI(J) C e >-Ql t:: Q. 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E~ :J 0 ene: " l1l ",0 Ma: " w" en~ '0 OJ" ~N OJ<( >> <( . ~ OJ Ox .0 0 ~ c: <( l1l " 0 "a: " ~ E OJ "0 'in OJ a: 12 E OJ "0 'in OJ a: r--ro", ~ ~ ~ """ 000 "''''''' ~ ~ ~ """ c: o 1Il c: .r:: o --, c: 'jO "0 W :t:: o u en 1Il OJ .r:: Cl :J I ,., Ci; (!J w en < <( i5 .0 ~ " M " OJ :J c: OJ > <( ~ o .0 ~ " " " CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 ChurL'll ..\\'enue, S. \V.. [{PUOl 456 RoatlllJ..:e. Vir~inia 24011-1530 Telt:ph(ll\l:: /S..lOl853-254] Fa.\: (541).1 S5.~.11-+5 E mJ.il: clelk(rJroaT1{!k~va fO\' SHEILA ~, IIARTr-tAN AssistJnt ('11)" Ckrk STEPHAI\IE .\1. tlIOOi\. C\fl ('if) Ckrk February 26, 2007 File #51 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance NO.3 7696-022007 amending the conditions presently binding upon a tract of land located at 2102 Grandin Road, S.W., designated as Official Tax No. 1460101, and rezoning such property to INPUD, Institutional Planned Unit Development District, with proffers, as set forth in the Amendment of Proffered Conditions - Amended Application No. 1 filed with Planning, Building and Development Office on January 23,2007. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Tuesday, February 20, 2007, and is in full force and effect upon its passage. Sincerely, A~~-' ~,rn, ?l~W Stephanie M. Moon, CMC City Clerk SMM:ew Attachment Darlene L. Burcham February 26, 2007 Page 2 pc: Cao Ming Hua & Ren Haiging, 1302 Belle Aire Lane, S., W., Roanoke, Virginia 24018 Ms. Michelle Peale, 2420 Guilford Avenue, S. W., Roanoke, Virginia 24015 Ms. Patricia G. Wilson, P. O. Box 4744, Roanoke, Virginia 24015-0744 Mr. Robert D. Lipscomb, 2559 Winifred Drive, S. W., Roanoke, Virginia 24018 Mr. David K. Cumins, 2735 Richelieu Avenue, S. W., Roanoke, Virginia 24104 Mr. Kenneth C. Dunn, 2612 Guilford Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Colin Lunsford, 2624 Guilford Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Donald Bollas, 2712 Guilford Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Benjamin Henderson, 222 Rocky Shore Lane, Moneta, Virginia 24121 Mr. Vernon E. Jolley, Jr., 1922 Brandon Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Ronald Bingham, 2412 Guilford Avenue, S. W., Roanoke, Virginia 24015 Mr. Lynn C. Wigginton, 2424 Guilford Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Robert Weaver, 2436 Guilford Avenue, S. W., Roanoke, Virginia 24015 Ms. Brenda R. Page, 2602 Guilford Avenue, S. W., Roanoke, Virginia 24015 Ms. Alice C. Tuckwiller, 2616 Guilford Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. James Hogan, 2702 Guilford Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. James Hamrick, 2716 Guilford Avenue, S. W., Roanoke, Virginia 24015 Mrs. Tammy L. Crush, 2728 Guilford Avenue, S. W., Roanoke, Virginia 24015 Trustees, St. Elizabeth's, Episcopal Church, P. O. Box 4706, Roanoke, Virginia 24015 Mr. and Mrs. James McLeese, 2416 Guilford Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. James Loesl, 2428 Guilford Avenue, S. W., Roanoke, Virginia 24015 Mr. Bradley P. Miller, 2440 Guilford Avenue., S. W., Roanoke, Virginia 24108 Darlene L. Burcham February 26, 2007 Page 3 Mr. John R. Patterson, 2506 Guilford Avenue, S. W., Roanoke, Virginia 24018 Ms. Dinia M. Pease, 2608 Guilford Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Marvin Harrison, 2620 Guilford Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Jeffrey Drinkert, 2708 Guilford Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Jonathon Todd, 2720 Guilford Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Theodore Smith, 2732 Guilford Avenue, S. W., Roanoke, Virginia 24015 Ms. Mary Jane Shirley, 2802 Guilford Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Terry Clifton, 2806 Guilford Avenue, S. W., Roanoke, Virginia 24015J Mr. and Mrs. John Fudge, 2902 Guilford Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Ronald Whitlock, 2922 Guilford Avenue, S. W., Roanoke, Virginia 24015 Ms. Olivia I. Byrd, 3006 Guilford Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. R. Edward St. George, 3022 Guilford Avenue, S. W., Roanoke, Virginia 24015 Mr. David Tucker, 1743 Blair Road, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Lynn Via, 2513 Mt. Vernon Road, S. W., Roanoke, Virginia 24015 Mr. Jimmy W. Farley, 2429 Mt. Vernon Road, S. W., Roanoke, Virginia 24015 Mr. Douglas Viehman and Ms. Diane Naff, 2216 Blenheim Road, S. W., Roanoke, Virginia 24015 Ms. Harriet G. Vance, 1656 Center Hill Road, S. W., Roanoke, Virginia 24015 Mr. Joseph A. Murrary, 2810 Guilford Avenue, S. W., Roanoke, Virginia 24015 Ms. Katrina A. Mabery and Ms. Virginia M. Balserak, 2912 Guilford Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Jeffrey Floyd, 2928 Guilford Avenue, S. W., Roanoke, Virginia 24015 Ms. Barbara C. Sutton, 3010 Guilford Avenue, S. W., Roanoke, Virginia 24015 Shenandoah Life Insurance Co., P. O. Box 12847, Roanoke, Virginia 24029 Darlene L. Burcham February 26, 2007 Page 4 Mr. and Mrs. James George, 2340 Blenheim Road, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Seth Hooper, 2507 Mt. Vernon Road, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Samuel Vance, 1640 Persinger Road, S. W., Roanoke, Virginia 24015 Mr. Ronald Henderson and Ms. Shirley Cawley, 2421 Mt. Vernon Road, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Christopher Kaze, 1647 Center Hill Road, 5. W., Roanoke, Virginia 24015 A E H Properties, 225 Heidinger Drive, Cary, North Carolina 27 511 Mr. and Mrs. Michael Lipscomb, 2916 Guilford Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Daniel Foutz, 3002 Guilford Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Thomas Lambdon, 3014 Guilford Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Geoffrey Jennings, 1744 Blair Road, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Douglas Robison, 2517 Mt. Vernon Road, S. W., Roanoke, Virginia 24015 Beau & Emily Adams, 2501 Mt. Vernon Road, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Kermit Hale, 2222 Blenheim Road, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Michael Snow, 1639 Persinger Road, S. W., Roanoke, Virginia 24015 Mr. and Mrs. James Brown, 1702 Brandon Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Dale Wilkinson, 1710 Brandon Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Bruce Tolson, 1806 Brandon Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Michael Pegram, 1824 Brandon Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Gerald Danz, 4069 Poplar Grove Drive, Vinton, Virginia 24179 Mr. George Williams, 103 Fourth Street, Bluefield, West Virginia 24701 Mr. Buddy Mason and Mr. James George, 110 E. First Street, Salem, Virginia 24153 Trustees, Unitarian Universalist Church, 2015 Grandin Road, S. W., Roanoke, Virginia 24015 Darlene L. Burcham February 26, 2007 Page 5 Mr. and Mrs. George Marsh, 2121 Grandin Road, S. W., Roanoke, Virginia 24015 Ms. Diana Kyle and Mr. Robert Salyer, 2223 Grandin Road, S. W., Roanoke, Virginia 24015 Mr. James Gilmer, III, and Ms. Jill Arliss, 2243 Grandin Road, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Jack Meadows, 1714 Brandon Avenue, S. W., Roanoke, Virginia 24015 Mr. Stephen G. Ellis and Mr. Jerry P. Ellis, 1810 Brandon Avenue, S. W., Roanoke, Virginia 24015 Mr. Mark E. Barker, 1828 Brandon Avenue, S. W., Roanoke, Virginia 24015 M & W Properties, 4423 Brentwood Court, S. W., Roanoke, Virginia 24018 Mr. Michael Holland, 1918 Brandon Avenue, S. W., Roanoke, Virginia 24015 Mr. Darrell R. Craighead, P. O. Box 1373, Salem, Virginia 24153 Mr. David A. Rogers, 2103 Grandin Road, S. W., Roanoke, Virginia 24015 Ms. Elaine A. Noell, Trustee, 2201 Grandin Road, S. W., Roanoke, Virginia 24015 Mr. Curtis Fooks and Ms. Nan Rae Marion, 2231 Grandin Road, S. W., Roanoke, Virginia 24015 Mr. Herbert H. Smith, II, 5551 Catawba Valley Drive, Catawba, Virginia 24070 Ms. Frances Kastler, 1822 Mayfield Drive, S. E., Roanoke, Virginia 24014 Mr. George Koss, 2854 Fairway Forest Circle, Salem, Virginia 24153 Ms. Elizabeth Velazquez, 1832 Brandon Avenue, S. W., Roanoke, Virginia 24015 Mr. George Williams, 1994 Brown Gap Turnpike, Charlottesville, Virginia 22901 Mr. and Mrs. Claude Hodges, 1926 Brandon Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Curtis Fuller, 1942 Brandon Avenue, S. W., Roanoke, Virginia 24015 Mr. Benhamin C. Davis, 2111 Grandin Road, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Neale Huff, 2215 Grandin Road, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Jeffrey Hatch, 2239 Grandin Road, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Craig Johnson, 2343 Carter Road, S. W., Roanoke, Virginia 24015 Ms. Wendy Jones, President, Grandin Court Civic League, 2714 Tillett Road, S. W., Roanoke, Virginia 24015 Darlene L. Burcham February 26, 2007 Page 6 Mr. Kurt Navratil, President, Greater Raleigh Court Civic League, 1877 Arlington Road, S. W., Roanoke, Virginia 24015 Susan S. Lower, Director, Real Estate Valuation Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney ~~ r 1 \ ,,-(N;b !. \\ r-'"~J I, TN THE COUNCIL OF THE CIT'{ OF ROAKOKE, VIRGT1\IA The 20th day of February, 2007. No. 37696-022007. AN ORDI~A:--JCE to amend S36.2-100, Code of 1he City of Roanoke (I '.>79), as amended, and the Official Zoning :'vIap, City of Roanoke, Virginia, dated December 5, 2005, as amended, by amending a condition presently binding upon certain property conditionally zoned INPL'D, Instilutional Planned Unit Development District; and dispensing with the second reading by title of/his ordinance. WI-IEREAS, the City of Roanoke has made applica1ion to Ihe Council of the City ()f Roanoke, Virginia ("City Couneil"), to amend a certain condition presently binding upon a tract of land located al 2102 Grandin Road, S. \Y., being designaled as Oflicial Tax No. 1460101, which property is zoned INPUD, Institutional Planned Unit Development Distric1, with proffers, such proffers being accepted by the adoption of Ordinance .1\0. 36795-071904, adopted July 29, 2004. and amended by the adoption of Ordinance 1\"0.37303-020606. adopted February 6,2006; \VHEREAS, the City Planning Commission, alter giving property notice to all concerned as required by 936.2-540. Code of the City of Rmll10ke (1979), as amended, and aner conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on February 2U, 2007, after due and timely notice thereof as required by 936.2- 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 jor and against the proposed amendment; and U-PH A:nentl hot" NO.2 WHEREAS, this Council, after considering the aforesaid application, the recommendation made to this Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require tbe amendment of the proffers applicable to the subject property, and is of the opinion that the conditions now binding upon a tract of land located at 2102 Grandin Roau, S.W., being designated as Official Tax No. 1460101, shoulLi be amended as requested, and that such property be zoned I~PUD, Institutional Plarmed Unit Development District, with proffers as set forth in the Amendment of Proffered Conditions - Amended Application NO.1 iiled with the Planning. Building and Development Office on January 23, 2007. THEREFORE, BE IT ORlJA1\1ED by the Council of the City of Roanoke thai: 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 amenued, be amended to rellect the proffered conditions as amended by the Amcndment of Proffcrcd Conditions - Amended Application No. I filed with Planning, Building and Development Office on January 23, 2007, so that the subject property is zoned INPUD, Institutional Planned Unit Development District, with such proffers. 1 Pursuant to the provisions of Section ] 2 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: StcPhan:e M~~Ir:1~~ City Clerk O-PH Amenl~ Prof No. 2 ~:~d~:I-~'~~I},:~::)\ ,'"", ,.....' ''''\lo' ' ..'...,,' ~,.J' '~ .~t\.,,'~' .<,~.~ "fl\,:-/i::;. "':'~!:'.~-:':;"-- .\rThit~'clllr:III~,'\i~'\\ HII:lrd nllanlllfi"lIl1in:..: \Jl]ll':Ih l'bnnill:!('''II1111h~i''lI CITY OF ROA"IOKE PL\N"IING BUILIHNG & ECONOMIC DF:VELOPME"lT 215 Church An'nue, S.":.. Roum H,(. I{o:mokl'. Yir~illi" 24011 Tl'Il'I,lulIIr: (5401 H5J-1730 Fa" IS,fO) H53-1230 [-mail: plunJling:(I; ro.mokc\'.iJ.gtn. February 20. 2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe, Jr.. Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Mayor Honorable Sherman P. Lea. Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Request from the City of Roanoke to amend Proffer NO.2 contained in the Third amended petition filed February 10, 2006. presently binding upon Patrick Henry High School, located at 2102 Grandin Road, S.w., designated as Official Tax No. 1460101, by the adoption of Ordinance No. 37303- 020606, on February 6, 2006, by deleting such Proffer NO.2 and substituting in its stead the following revised proffered condition to apply to the subject property: (2) The school sports facility will be developed in substantial conformity with the Stadium Plan prepared by Rife + Wood Architects. dated January 18. 2007, and the Stadium Sections, dated December 1. 2006, copies of which are attached to the 1 st Amended Application for Amendment of Proffered Conditions as Exhibits Six and Seven respectively. Such amended proffer modifies the structural composition of the northern facade of the stadium section by reducing the size of the facade and lowers the height of the grandstand and allows for planting of additional evergreen trees. Planning Commission Action: Planning Commission public hearing was held on Thursday, January 18, 2007. Bya vote of 6-0 (Mr. Rife abstaining), the Commission recommended that Proffer NO.2 be amended to read as follows: "The school sports facility will be developed in substantial conformity with the Stadium Plan prepared by Rife + Wood Architects dated January 18. 2007, and the Stadium Sections, dated December 1, 2006, copies of which are attached to this Amendment NO.1 for Amendment of Proffered Conditions as Exhibits Six and Seven respectively." Background: On July 19, 2004, at the request of the City of Roanoke, City Council rezoned property located in the Grandin Court Neighborhood at 2102 Grandin Road SW (Official Tax No. 1460101), from RS-1, Residential Single-Family, to INPUD(c), Institutional Planned Unit Development District with proffered conditions, for the reconstruction of Patrick Henry High School (Ordinance No. 36795-071904). On February 6,2006. the proffers included in the above mentioned rezoning were amended to allow the addition of a school sports stadium (Ordinance No. 37303-020606). During this process. the City of Roanoke Public School Administration held four (4) meetings in November and December of 2005 to solicit input from the community on the design of the school and stadium. The applicant now requests to amend Proffered Condition NO.2 of Ordinance No. 37303-020606 to revise the 50-Yard Line Section Plan of the proposed high school sports stadium. In place of the 27'-4" aluminum grandstand system on a structural steel frame, a 17' aluminum grandstand system on a concrete slab is shown. No changes are proposed for the 10-Yard Section or the End Zone Section. All other proffers would remain the same in force and effect. The application was filed on December 19. 2006. An amended application was filed January 23,2007. addressing specific Planning Commission comment from the public hearing held on January 18. 2007. Considerations: Conditions Proffered bv the Applicant The Applicant requests that the following proffer enacted by Ordinance No. 37303- 020606 be repealed as it pertains to Official Tax No. 1460101. 2. The school sports stadium facility will be developed in substantial conformity with the Stadium Plan and the Stadium Sections, prepared by Rife + Wood Architects dated December 21,2005 and December 5,2005, respectively, copies of which are attached to this Petition to Amend Proffered Conditions as Exhibits Six and Seven, respectively. The Petitioner hereby requests that the following proffered condition be substituted for existing condition number 2 as follows: 2. The school sports facility will be developed in substantial conformity with the Stadium Plan prepared by Rife + Wood Architects dated January 18, 2007. and the Stadium Sections, dated December 1, 2006, copies of which are attached to this Amendment NO.1 for Amendment of Proffered Conditions as Exhibits Six and Seven respectively. , During July and August of 2006, school administration staff held three community meetings to receive input into the design of the stadium facility. Subsequent to this process, the school system's architectural and engineering consultants conducted a value engineering analysis of the proposed construction methods of the stadium facility. It was determined that a more cost effective means of construction could be used on this structure. The original plan called for a 27'-4" architectural split face concrete block wall encasing an aluminum grandstand system on a structural steel frame. The revised plan calls for the addition of approximately eight (8) feet of site fill material over the existing grade on which a concrete slab and seventeen (17) foot high prefabricated grandstand will be constructed. These changes will reduce the height of the structure by approximately four (4) feet in relation to the field elevation. With this reduction in height, the spectators' line of site will be hindered by the restroom facilities located to either side of the grandstand. To address this issue, the grandstand has been reduced by thirty (30) feet in length through the reduction of space allotted for each seat. This will create a fifteen (15) foot gap between the end of the grandstand and the restroom facilities on either end. Solid risers on the seating and a black vinyl coated chain link fence will secure the underside of the grandstand. These changes will have no impact on maximum seating capacity of the stadium or other material operational aspects of the facility. Surroundinq Zoninq Districts and Land Uses Properties adjacent to the affected portion of the subject property are zoned R-7, Residential Single-Family District, and contain single-family dwellings. The remainder of the subject property is also surrounded by single-family dwellings in addition to two- family dwellings, two churches. a park, an office building and a commercial establishment. Compatibility with the City's Zoninq Ordinance The structure will be decreasing in height, remaining compliant with the dimensional standards for the INPUD District which states that the height of any structure cannot exceed one (1) foot of height for one (1) foot of setback when adjacent to residentially zoned property (the sports stadium is approximately 87 feet from the nearest residential property line). Compatibilitv with the Comprehensive and Neiqhborhood Plans The following policies found in the City's Comprehensive Plan are relevant in the consideration of this application. Vision 2001-2020 . PE Pt. Quality education. Roanoke's school system will be known for its quality education that prepares students for the workplace or with the skills and knowledge needed to succeed in higher education. Roanoke will maintain and improve its high-quality public education facilities and programs at all levels. · PE P2. School facilities. School facilities are important community facilities. The location of new school facilities will be carefully planned to enhance the surrounding community and adhere to the City Design principles recommended. , .' The Grandin Court Neighborhood Plan identifies this parcel as large institutional on the future land use map. Planning Commission Discussion: The application to amend proffers was discussed at the January 18, 2007, Planning Commission public hearing, primarily in regards to landscaping that would be planted to screen the backside of the grandstand. . The Planning Commission asked what the grandstand would look like without the wall behind the bleachers. The applicant responded that the back of the grandstand would be exposed with a six foot high black coated chain-link fence screened by white pines. . The Planning Commission and staff noted that the screening of white pines for the grandstand was not on the plan and asked the applicant if screening could be included. The applicant said that a single line of evergreen trees with similar spacing would be shown on Exhibit 6 in an amended application. Ms. Nan Fooks (2231 Grandin Road, SW) commented on this application, questioning whether the large gully behind the houses on Brandon Avenue and the Raleigh Court branch library would be affected negatively by construction. The applicant responded that the fully was on private property and would not be affected by the construction of the stadium and that the library would remain in its current location. Recommendation: Bya vote of 6-0 (Mr. Rife abstaining), the Commission recommends that City Council approve the 1st amended application to amend proffered condition number 2 as adopted by City Council by Ordinance No. 37303-020606 on Tax No. 1460101, revising the 50- Yard Line Section Plan of the Patrick Henry High School Sports Stadium and setting forth additional evergreen plantings on the Stadium Plan. Respectfully submitted. ~~. Henry Scholz. Chairman Roanoke City Planning Commission cc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney 4 APPLICATION AMENDMENT OF PROFFERED CONDITIONS Date: Januarv 18. 2007 To: Department of Planning Building and Economic Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.w. Roanoke, VA 24011 __ Phone: (54,0) 853""-1730__Fax:_(540)_853-t230 All submittals must be typed, include all required-documentation and a check for the filing fee. Application is hereby submitted for amendment of proffered conditions for the property located at: Property Address(es): 2102 Grandin Road, S.W. Official Tax No(s): 1460101 Existing Zoning: INPUD, conditional Ordinance Number of Conditional Rezoning: 37303-020606 Name of ApplicanUContact Person: Citv of Roanoke/Darlene Burcham Mailing Address:' 215 Church Avenue, SW Rn:::mnkp r . VA 7401 r Telephone: ( ) 853-2333 " Fax: (~ Applicant's signature: ' ~ J f ~.Jt... ) E-mail: Property Owner's Name: Same as above -, - Mailing Address:, Telephone: ( ) ~-ma;1 Property Owner's signature: , , ," AMENDMENT()F, . ' PROFFERED CONDITIONS Date: January 18, 2007 To: Department of Planning Building and Economic Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.w. Roanoke, VA 24011 Phone: (540) 85~:!?30 Fax: (54q~53-12~q Ordinance No. 37303-020606 (attach copies of Ordinance and existing proffered conditions proposed to be amended) Name of ApplicantlContact P Applicant's signature: Property Owner's Name: Property Owner's signature: Pursuant to the Section 36.2-541 (c)(1), the owner(s) or duly authorized agent hereby voluntarily proffers the following conditions which shall be applicable to the property, if rezoned: (attach additional sheets as necessary) ATTACHMENT 1 Report detailing reasons for Application to Amend Proffered Conditions CITY OF ROANOKE OFFICE OF THE CITY MANAGER "wi c. T.I~'lllT Munkip.ll Building- ::!.15 Chun.:h .'\\'L'lllh', S.W., Rl'om 3td R')"HHlkl'~. Virgini.l ~.ltlll.r;YI 'll'lt'phllill': ! :-41)1 ....:;.,.: 1....~ F.I\: (~II!I....:;;.II"'iS l'il\" \\',,1): \\ \\\'\",TI'.lIJl1kl'\',1 ~,'\' December 18, 2006 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Mayor Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Amendment of proffered condition for Patrick Henry High School, 2102 Grandin Road, SW, Official Tax No. 1460101 The Patrick Henry High School property was rezoned to INPUD, Institutional Planned Unit Development District, on July 19, 2004, by Ordinance No. 36795- 071904. A request to amend proffered conditions was approved by City Council on February 6.2006, by Ordinance No. 37303-020606. The petition included the following proffered condition: "2. The school stadium sports facility will be developed in substantial conformity with the Stadium Plan and the Stadium Sections, prepared by Rife + Wood Architects dated December 21, 2005 and December 5, 2005, respectively, copies of which are attached to this Petition to Amend Proffered Conditions as Exhibits Six and Seven, respectively," After further planning of the stadium facility, a portion of the "Stadium Sections," dated December 5, 2005, requires an amendment to reflect a modification of the "Section through Stadium at SO-yard line" portion of the drawing. No changes to other sections at the 10-yard and the end zone are proposed. Mayor Harris and Members of City Council December 18, 2006 Page 2 The proposed amendment would change the reference to a drawing of "Stadium Sections" dated December 1, 2006, and substitute the newer version of Exhibit 7. Recommended Action: Authorize the City Manager to file an application to amend proffered condition No.2 on property located at 2102 Grandin Road, SW, bearing Official Tax No. 1460101, as reflected in the attached application. Respectfully submitted, cA~fL~ Darlene L Burcham , City Manager DLB:cc c: William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Stephanie M. Moon, Acting City Clerk R, Brian Townsend, Agent, City Planning Commission CM06-00212 ATTACHMENT 2 Proposed Amendment of Proffer No.2 only, to read: 2. The school sports facility will be developed in substantial conformity with the Stadium Plan prepared by Rife + Wood Architects dated January 18, 2007, and the Stadium Sections, dated December 1, 2006, copies of which are attached to this Amendment No.1 for Amendment of Proffered Conditions as Exhibits Six and Seven respectively. 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I . : ~;;:j;tL : ::-:'<;.!~: I 9 ~ VI a ", 0_ M~ Zor -~j' 14'-0' q M"""!. ~J' , ~" 7'-0' I E:~ y!::i I ""'~ """,;Ii !<~'" -~!il Z:::CAr\ ""' ~ z ill ~ r ~ t. . ~ ~ " . , i { i;;?~~,111 : ~ ~ ,~ , 'f i f '1. '. ,:. ; ;, ~i~: "[i-.. ~;1~ ;. , . " , j; I I" , ~ i. ~ .. , t .~ 'i , ., , :..i :,~ ~ ; :j.:!'. (.. . .'1.J, , .~'~~tt ....:{I,,{ ~}~ bo.r ...;..\'. ~"~'! ~ ' .~-." J .... ~ ~ .. ___d...u.._....~...~'..,,_..._ ~'''_h'''.'''_ .' ....h,....,:.,~_.....,,',..,.,.' ,. ATTACHMENT 3 Adopted Ordinance No. 37303-020606 And Third Amended Petition to Amend Proffered Conditions ~ IN mE COUNCIL OF mE CITY OF ROANOKE, VIRGINIA, The 6th day of February, 2006. No. 37303-020606. '. AN ORDINANCE to amend ~36.2-1 00, Code of the City of Roanoke (1979), as amended. and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005. as amended, by amending the condition presently binding upon the development of Patrick Henry High School previously conditionally zoned INPUD, Institutional Planned Unit Development District, by deleting the proffered condition presently binding on the subject property and applying new proffered , , . conditions to the subject property; and dispensing with the second reading by title of this ordinance. WHEREAS, the City of Roanoke has made application to the Council of the City of Roanoke. Virginia ("City Council''), to amend the condition presently binding upon 8 tract ofland located at 21 02 Grandin Road, S. W., being designated as Official Tax No. 1460101, which property was previously rezoned INPUD, Institutional Planned Unit Development District,.with a proffer. by the adoption of Ordinance No. 36795-071904, adopted July 19.2004; WHEREAS, the City of Roanoke seeks to have the subject property zoned INPUD. Institutional Planned Unit Development District, with proffers to be set forth in the TIrird Amended Petition to Amend Proffered Conditions; WHEREAS, the City of Roanoke Public School Administration held four (4) community engagement meetings on November 17, November 22, December I, and December 12,2005', on the campus of Patrick Henry High School to solicit input from the community on the design ora school sports stadium on the subject property; WHEREAS, at its public meeting held on December 19.2005, the School Board of the City of Roanoke voted to approve the proffers as set forth in the First Amended Petition to Amend Proffered Condition filed in the City Clerk's Office on December 9, 2005; WHEREAS, a Second Amended petition to Amend Proffered Condition; addressing conunents received by the City Planning Conunission on December 21, 2005, was filed in the City Clerk's Office on December 23, 2005, with the conCUlTence of the administration of the School Division; 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 rec;ommendation to Council; .. WHEREAS, a Third Amended petition to Amend Proffered Conditions, reflecting the two (2) additional proffers made by the City at the public hearing conducted on Febniary 6, 2006, will be filed in the City Clerk's Office, the school administration of the School Division concurring with the two (2) additional proffers at the public hearing; WHEREAS, a public hearing was held by City Council on such application at its meeting on February 6, 2006, after due and timely notice thereof as required b)'~36.2-S40, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; WHEREAS. this Council is of the opinion that the proposed amendment of proffers promotes adequate convenience of access and safety from fire and ciirne; reduces or prevents .congestion in the public streets; facilitates the creation of a convenient, attractive and hannonious community; allows a neighborhood school to s~e better the needs of the citizens who live in the area of the school; encow;ages high school students who attend patrick Henry High School to take part in interscholastic sports and engage in other athletic activities; ensures that the athletic facilitieS will be more compatible with the sUITounding neighborhood; facilitates the provision of adequate police and fire protection, schools, parks, recreational facilities, and other public requirements; , , protects against danger and congestion,in travel and transportation; and encourages economic development activities that provide desirable employment and enlarge the tax base; and , WHEREAS, this Council, after considering the aforesaid application, the.recommendation ' ,. made to the 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 amending of the proffers pertaining 'to the subject property, and that the amending of the proffers is consistent with Vision 2001 - 2020. the City's Comprehensive Plan, and for those reasons, this CoUncil is of the opinion that the condition now_ binding Up'o~L a tract of land located at 2102 Grandin Road, S.W., being designated as Official Tax No. 1460101; should be amended as requested, and that such property 'be zoned INPUD. histitutional Planned Unit Development District, with proffers as set forth in the Third Amended Petition to Amend Proffered Conditions to be filed in the City Clerk's Office: THEREFORE, BE IT ORDAINED by the Coimcil of the City of Roanoke that: I. Section 36.2-100, Code of the City of Roanoke (1979), as'amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect the changes in proffered conditions as shown in the Third Amended Petition to Amend Proffered Conditions to be filed in the City Clerk's Office, so that the subject property is zoned INPUD, Institutional Planned Unit Development District, with such proffers. 2. . pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ArrEST: .' n ^~,.} ~t.t--' City Clerk. ..,___ ._____ _. ___._.. ....__..... 0..... _. ._.-....._.... ..... ------ ". L.:'ATTOIl.NEY\DATA'CtnI'OkDD\IANCE.S\O-AMEI'ID ,ROFFf.aS . 'ATJJCK HENJ.Y (Gl.ANDIN aD) 0206D6.DOC' THIRD AMENDED PETITION TO AMEND PROFFERED CONDITIONS IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA INRE: Amendment of proffered conditions on certain property located at 2102 Grandin Road, S.W., Official Tax No. 1460101 TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: By Ordinance No. 36795-071904, at the request of the City of Roanoke, City Council rezoned the property identified as Official Tax No. 1460101 to INPUD, Institutional Planned Unit Development District, with a proffered condition. A map of the property is attached hereto as Exhibit 1. The Petitioner, the City of Roanoke, owns said land and requests that the condition relating to said property be amended as hereinafter set out. The Petitioner believes that the subject amendment of proffer will further the intent and purposes of the City Zoning Ordinance and its Comprehensive Plan by permitting the development of a school sports stadium on said property. The Petitioner hereby requests that the following proffer accepted by Ordinance No. 36795-071904 be deleted: I. The property will be developed in substantial conformity with the Site Plan prepared by Rife + Wood Architects dated April 2, 2004, a copy of which is attached to this Petition for Rezoning as Exhibit Four and the Utility Plan prepared by Rife + Wood Architects dated April 2, 2004, a copy of which is attached to this Petition for Rezoning as Exhibit Five, subject to any changes required by the City during comprehensive site plan review. The Petitioner hereby requests that the following proffered , conditions be accepted and s!lbstituted for the proffer ~~lineated above: , _ 1. The property will be developed in substantial conformity with the Site Plan prepared by Rife + Wood Architects dated December S, 200S, a copy of which is attached to this Petition to Amend Proffered Conditions as Exhibit Four, and the Utility Plan prepared by Rife +' Wood Architects dated December 5,2005, a copy of which is attached to this Petition to Amend Proffered Conditions as Exhibit Five. 2. The school sports stadium facility will be devel~ped in substantial conformity witb the Stadium Plan and the Stadium Sections, prepared by Rife + Wood Architects dated December 21, 200S and December S, 200S, respectively, copies of which are attached to this Petition to Amend Proffered Conditions as Exhibits Six and Seven, respectively. 3. That the usage of the school sports stadium will be limited to high school athletics, graduation ceremonies, and athletic events sponsored through the Parks & Recreation Department of the City of Roanoke, and other youth sports only. 4. That no less than 40% and no more than 60% of all home varsity football games, in a single season, will be played during the daytime hours on Saturday, as the exact number of home football games varies from year to year. 5. That the school sports stadium may be utilized by William Fleming High School, subject to all proffered conditions. William Fleming High School's right to use the Patrick Henry High School stadium shall expire August 31, 2010. 6~ That all football games played at the stadium between Patrick Henry High School and William Fleming High School, and any other City of Roanoke high school, will be played during daylight hours only. 7. That all other sporting events, other than varsity football, will begin during daylight hours; lights will only be used in the event of darkness to complete a garne. 8. That school sports stadium lighting wil1 not be used for practices and will be utilized for game play only. 9. That all sound amplification systems will only be used for varsity football games, daytime varsity soccer games, and future graduation assemblies should any be recommended by the administration of the school. 10. That manual traffic control will be provided before and after all home varsity football games and graduation ceremonies at the intersections of Brandon A venue and Grandin Road, Grandin Road and Laburnum Avenue, Grandin Road and Avenel Avenue, and Guilford Avenue and l;ofton Road in coordination with the City of Roanoke Police Department. II. That the intersection of Lofton Road and Guilford Avenue will be blocked before, during, and after every home varsity football game to prevent vehicular traffic, excluding emergency vehicles, from entering and exiting the Patrick Henry High School campus from Lofton Road. 12. That the service entrance to Patrick Henry High School from Blenheim Road will be locked and secured to prevent any parking or access, excluding emergency vehicles and team buses, before, during and after every home varsity football game. 13. That the certificate of occupancy for the stadium will not be issued until completion and approval by City Traffic Engineering of a traftie'management plan to address event traffic and parking." Such management plan will be done subject to all other proffers contained in this petition. 14. That the City school administration will conduct at least three public meetings regarding the design of the fa~ade of the '. stadium, such meetings to be held prior to the issuance of a building pennit for the stadium. This proffer will be subject to all other proffers contained in this petition. Attached as Exhibit 2 are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to and immediately across a street or road from the subject property. Attached, as Exhibit 3 i~, the currently ~provedsite ~!!':D' dated April 2, 2004. WHEREFORE, the Petitioner requests that the abov.e.::described proffers be accepted as herein set out in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. 'fIV Respectfully submitted this ~ day of February, 2006. Respectfully submitted, By:; ,'~~A-i:~ Darlene L. BurCham, City Manager Darlene L. Burcham, City Manager f City of Roanoke 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2333 . . '1111 I Ie · IP' 'L~ 'I!!i 'P2 I'C 1!Ii - :: i" Ii I.!J! l'~ l:n II~'! !l!g IIp Iii! : : iln l~~ J I I i I 111 i " . J~ ~511 . .. I I ii!: ~I ilill: 0 !ll~ ;!~I r II ~I I! J =! I I , ,'I !J I I ;:!l:ii~ II' '" I. J rf""rj~f ,Ir. '. 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I' m I' !rJ ll~i j1~ jll& I~ ~ . 'IJ!',n ,Jail el'. Hi JE~ II II Ilf!!11 t-J1 I ~"lt Di!: ~m [Ill [II ) I I ) I e l!I a e e . e e 8 e II . . .....:.... ':, - ~ II I , I .. e e . . e e C) e e o e s s . . . . .s ---- ...~ ..................... ~ ................. II ~ .,'., r......, '.. . ~ !i N I t ~ ~ ~ ~ '0 ~ '1111 : : i "I . · 1'111' .. ,I . Iii . , I 6M3 'Illj I'C '1!Ii 'I'G 1!Ii ~ ! !lglf6 Ilk hIS ,iil "g:U II I! I lOll! I "':J' I · I I ~:II I ii2: ~U'II I!I[U ..... z :::i 0 ~, < >- I 0 .., I- < :::E ; :::E ::> ::> 25 25 < < l- I- V) V) !s ::r..... ::r 10 Clz CI I ::> - ::> ' I 0--' 0 ~o ~ I ::r~ ::r i 1-< l- I z>- ; z ;1 o' 0 _0" ". ~~ I- _ ~ a u . U. ......I-~ :;a lI) o < I- lI)...... ::rZ ClO ::>N 00 ""z ;::...... zl- all) -<" 1-...... '_ U . ......1- 10 lI) -<" N o ATTACHMENT 4 Location Map Map Output Page 1 oft Official Tax No. 1460101 ,.~. " , '. _,_BR~_"'PO"'J " Ave~, , , . ,..... '. ,.-- , ./ . '. -.,' .....,..,,' . , , F ",',',' ", ,', : ,.:.:'. . :.: -:'. '. ." .' . '. '. .:.. ~,.':..:;...:"; ~- .~:~:.~~:.:! COpyrlgh1Z00t~2DDICI~Df~Ook...'. .'.~.:., (g),' ,mPJI http://gis.roanokeva.gov/servletlcom.esri.esrimap.Esrimap?ScrviceName=mke&ClientV er... 12/4/2006 ATTACHMENT 5 Adjoining Property Owners Exhibit F - Adioininq PropertY Owners Tax No. Owner Name/Mailing Address Property address if different from mailinq address 1551201 Cao Ming Hua & Ren Haiging 2326 Grandin Road, SW 1302 Belle Aire Lane Roanoke, VA 24018 1551204 Ronald and Misty Bingham 2412 Guildford Avenue, SW Roanoke. VA 24015, 1551205 James and Jennifer McLeese 2416 Guilford Avenue, SW Roanoke. VA 24015 1551206 Michelle Peale 2420 Guilford Avenue, SW Roanoke,VA 24015 1551207 Lynn C. Wigginton 2424 Guilford Avenue, SW Roanoke, VA 24015 1551208 James and Jean Loesl 2428 Guilford Avenue, SW Roanoke, VA 24015 1551209 Patricia G. Wilson 2432 Guilford Avenue, SW POBox 4744 Roanoke. VA 24015-0744 1551210 Robert and Edna Weaver 2436 Guilford Avenue, SW Roanoke. VA 24015 1551211 Bradley P. Miller 2440 Guilford Avenue, SW Roanoke, VA 24015 1551212 Robert D. Lipscomb Guilford Avenue, SW 2559 Winifred Drive Roanoke VA 24018 1551213 Robert D. Lipscomb 2502 Guilford Avenue, SW 2559 Winifrey Drive Roanoke VA 24018 1551214 John R. Patterson 2506 Guilford Avenue, SW Roanoke, VA 24015 1551215 David K. Cumins 2512 Guilford Avenue, SW 2735 Richelieu Avenue, SW Roanoke. VA 24014 1551216 Brenda R. Page 2602 Guilford Avenue, SW Roanoke VA 24015 1 1551217 Dinia M. Pease 2608 Guilford Avenue, SW Roanoke, VA 24015 1551218 Kenneth C. Dunn 2612 Guilford Avenue, SW Roanoke, VA 24015 1551219 Alice C. Tuckwiller 2616 Guilford Avenue, SW Roanoke, VA 24015 1551220 Marvin and Sandra Harrison 2620 Guilford Avenue, SW Roanoke, VA 24015 1551221 , <:olin and Judith Lunsford 2624 Guilford Avenue, SW , .Roanoke VA 24015 1551223 James and Connie Hogan 2702 Guilford Avenue, SW Roanoke VA 24015 1551224 Jeffrey and Deborah Drinkert 2708 Guilford Avenue, SW Roanoke,VA 24015 1551225 Donald and Barbara Bollas 2712 Guilford Avenue, SW Roanoke, VA 24015 1551226 James and Janet Hamrick 2716 Guilford Avenue, SW Roanoke VA 24015 1551227 Jonathon and Ilona Todd 2720 Guilford Avenue, SW Roanoke, VA 24015 1551228 Benjamin and Nancy Henderson 2724 Guilford Avenue, SW 222 Rocky Shore Lane Moneta, VA 24121 1551229 Tammy L Crush 2728 Guilford Avenue, SW Roanoke,VA 24015 1551230 Theodore and Dianne Smith 2732 Guilford Avenue, SW Roanoke, VA 24015 1551231 Mary Jane Shirley 2802 Guilford Avenue, SW Roanoke, VA 24015 1551232 Terry and Phyllis Clifton 2806 Guilford Avenue, SW Roanoke. VA 24015 2 1551233 Joseph A. Murrary 2810 Guilford Avenue, SW Roanoke. VA 24015 1560501 A E H Properties 2816 Guilford Avenue, SW 225 Heidinger Drive Carv. NC 27511 1560502 John and Nancy Fudge 2902 Guilford Avenue Roanoke. VA 24015 1560503 Katrina A. Mabery Virginia M. Balserak 2912 Guilford Avenue, SW Roanoke VA 24015 1560504 Michael Lipscomb Kristie W. Lipscomb 2916 Guilford Avenue, SW Roanoke VA 24015 1560505 Ronald and Margaret Whitlock 2922 Guilford Avenue, SW Roanoke, VA 24015 1560506 Jeffrey & Michelle Floyd 2928 Guilford Avenue Roanoke, VA 24015 1560507 Daniel and Laura Foutz 3002 Guilford Avenue, SW Roanoke, VA 24015 1560508 Olivia I. Byrd 3006 Guilford Avenue, SW Roanoke, VA 24015 1560509 Barbara C. Sutton 3010 Guilford Avenue, SW Roanoke, VA 24015 1560510 Thomas and Alice Lambdon 3014 Guilford Avenue, SW Roanoke VA 24015 1560512 R. Edward and Corinne St. George 3022 Guilford Avenue, SW Roanoke VA 24015 1560811 Corinne St. George Oregon Avenue 3022 Guilford Avenue, SW (vacant lot) Roanoke, VA 24015 1370102 Shenandoah Life Insurance Co. 2301 Brambleton Avenue, POBox 12847 SW Roanoke VA 24029 3 1370901 Geoffrey and Susan Jennings 1744 Blair Road, SW Roanoke, VA 24015 1370701 David Tucker 1743 Blair Road, SW Roanoke VA 24015 1370707 James and Dana George 2340 Blenheim Road, Roanoke, VA 24015 1370306 Douglas and Evie Robison 2517 Mt. Vernon Road, SW Roanoke, VA 24015 1370307 Lynn and Mary Via 2513 Mt. Vernon Road, SW Roanoke VA 24015 13 70308 Seth and Jane Hooper 2507 Mt. Vernon Road, SW Roanoke VA 24015 1370309 Beau and Emily Adams 2501 Mt. Vernon Road, SW Roanoke, VA 24015 1350302 Jimmy W. Farley 2429 Mt. Vernon Road, SW Roanoke, VA 24015 1350301 Samuel, III and Deanne Vance 1640 Persinger Road, SW Roanoke, VA 24015 1350311 Kermit and Elizabeth Hale 2222 Blenheim Road, SW Roanoke, VA 24015 1350312 Douglas Viehman Diane Naff 2216 Blenheim Road, SW Roanoke, VA 24015 1350307 Ronald Henderson, Jr. Shirley Cawley 2421 Mount Vernon Road, SW Roanoke. VA 24015 13 50209 Michael and April Snow J.639 Persinger:.Road Roanoke, VA 24015 1350201 Harriet G. Vance 1656 Center Hill Road, SW Roanoke, VA 2401 S 4 1350114 Christopher and Kelly Kaze Center Hill Drive, S. W. 1647 Center Hill Road Roanoke, VA 24015 1450729 James and Cinda Brown 1 702 Brandon Avenue, SW Roanoke,VA 24015 1450727 Dale and Lora Wilkinson' 1 71 0 Brandon Avenue, SW Roanoke. VA 24015 1450726 Jack and Ruth Meadows 1714 Brandon Avenue, SW Roanoke,VA 24015 " 1"450725 Frances Kastler-- '1802 'Branaon Avenue, SW 213 S. Jefferson St., #1007 Roanoke. VA 24011 1450724 Bruce and Patricia Tolson 1 806 Brandon Avenue, SW Roanoke. VA 24015 1450723 Stephen G. Ellis Jerry P. Ellis 1810 Brandon Avenue, SW Roanoke, VA 24015 1450722 Frances'Kastler ., , - 1814 Brandon Avenue, SW 21 3 S. Jefferson St., #1007 Roanoke, VA 24011 1450721 George C. Koss 1818 Brandon Avenue, SW 2854 Fairway Forest Circle Salem, VA 24153 1450720 Michael and Cathy Pegram 1824 Brandon Avenue, SW Roanoke, VA 24015 1450719 Mark E. Barker 1828 Brandon Avenue, SW Roanoke, VA 24015 1450718 Elizabeth Velazquez 1832 Brandon Avenue, SW Roanoke, VA 24015 1450717 Gerald and Drue Danz 1836 Brandon Avenue, SW 4069 Poplar Grove Drive Vinton, VA 24179 1450716 M & W Properties 1 840 Brandon Avenue, SW 4423Brentwood Court Roanoke, VA 24018 5 1450715 George Williams Brandon Avenue, SW 1994 Brown Gap Tp (vacant lot) Charlottesville, VA 22901 1450714 George Williams 1902 Brandon Avenue, SW 1994 Brown Gap Tp Charlottesville, VA 22901 1450713 George Williams Brandon Avenue, SW 103 Fourth Street (vacant lot) Bluefield, WV 24701 1450712 Frances Kastler 1910 Brandon Avenue, SW 213 S. Jefferson St., #1007 Roanoke, VA 24011 145'0711 Frances Kastler 1914 Brandon Avenue, SW 213 S. Jefferson St., #1007 Roanoke, VA 24011 1450710 Michael Holland 1918 Brandon Avenue, SW Roanoke, VA 24015 1450709 Vernon E. Jolley, Jr. 1922 Brandon Avenue, SW Roanoke, VA 24015 1450708 Claude and Mary Hodges 1926 Brandon Avenue, SW Roanoke, VA 24015 1450707 Buddy Mason and James George 1930 Brandon Avenue, SW 110 E. First Street Salem, VA 24153 1450706 Darrell R. Craighead 1934 Brandon Avenue, SW POBox 1373 Salem, VA 24153 1450705 Curtis E. Fuller 1938 Brandon Avenue, SW 1942 Brandon Avenue, SW Roanoke,VA 24015 1450704 Curtis and Ellen Fuller 1942 Brandon Avenue, SW Roanoke, VA 24015 1450701 Trustees, Unitarian Universalist 1450315 Church of Roanoke 1450314 2015 Grandin Road, SW 1450313 Roanoke, VA 24015 1450214 David A. Rogers 2103 Grandin Road, SW Roanoke, VA 24015 6 1450213 Benhamin C. Davis 2111 Grandin Road, SW Roanoke. VA 24015 1450212 George and Elizabeth Marsh 2121 Grandin Road, SW Roanoke VA 24105 1540524 Elaine A. Noell, Trustee 2201 Grandin Road, SW Roanoke. VA 24015 1540523 Neale and Mary Huff 2215 Grandin Road, SW Roanoke. VA 24015 1'540.522 Diana Kyle .. .... Robert Salyer 2223 Grandin Road, SW Roanoke VA 2401 S 1540521 Curtis Fooks Nan Rae Marion 2231 Grandin Road, SW Roanoke VA 24015 1540520 Jeffrey and Christina Hatch 2239 Grandin Road, SW . . - - -- Roanoke VA 2401S ,. . 1540519 James P. Gilmer, III Jill M. Arliss 2243 Grandin Road, SW Roanoke VA 24015 1540518 Herbert H. Smith, II 22S5 Grandin Road, SW 5551 Catawba Valley Drive Catawba VA 24070 1540324 Craig and Barbara Johnson 2343 Carter Road, SW Roanoke. VA 24015 1540330 Trustees of St. Elizabeth's 2371 York Road, SW Episcopal Church POBox 4706 Roanoke. VA 24015 1560901 City of Roanoke City Montgomery Avenue, SW Woodland Park .. .----- ,~1 5 Ch.urc;.~ A.'{~rlUe, Sw. -..... ----.. ...------.----- -.-... ----.- Roanoke VA 24011 7 T~e Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times - - ---+- ------~- ------ MARY F. PARKER CITY OF ROANOKE CLERK'S OFFICE 215 CHURCH AVE SW RM 456 NOEL C. TAYLOR MUNICIPAL BLDG. ROANOKE VA 24011 REFERENCE: 32143302 10087651 NOTICE OF PUBLIC HEA State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of ViJ9inia, Sworn and subscribed before me this _L~L~_day of February 2007. Witness my hand and offici seal n_~C;JL~L , W~T~s~ ~o~iJl-J. PUbli~ '1----------- I, II': ~. ." ~UELISijED ON: ,02/02 02/09 " ", " "\1' TOTAL COST: FILED ON: 492.24 02/15/07 ::::::;::~~__c_______, Bi lling NonCE OF PUBLIC HEARING The Council of the City of Ro,lnoke will hold a pUblic hearing on Tuesday, February 20, 2007, at 7:00 p.m.. or as soon Ihere<lfler as the matter maybe heard, in the Council Chamber, fourth floor, in the Noel C, Tavlor Municipal Building, 215 Church Avenue, S.W.. Roanoke, Virginia. to' 'conslder the following; I Request from the City of Roanoke to <lmend Proffer No, 2 contained in the Third Amended Petition filed I FE'bruaryl0, 2006, presently bmding upon Patrick Henry HiAh School. located at 2102 Grandin Road, S.W. design<lted m.. Official Tax No.1460101, by the <ldoption of Ordin<lnce No, 37303-020606, on February 6,2006, by deleting such Pro II erN o. 2 and substituting in Its stead the, followlngrev;sedproffercd ' condition to apply to the subject property; (2)The schoot sports f<lcility will be developed in substantial conformilywith tht! Stadium Pl.ln prepared by R II c .,. Wood Architecls, dated January 18, 2007, and the Stadium Sections. dated .Deccmbcr 1. 2006, copies 01 . which <Ire aU<lched to the. 'I <lppllCcltion for Amendment I of Proffered Condttions, Amended Application No,1, as Exhibits Si~ and scven.j respcctlvcly.' Such amended ,proffer modifies the 'structural composition of the 'northern facade of the st<ldiumscctionbyreducing rthe size of the facade, Ilowers the height of the -grandstand and reflects !addltionallandscaPlnganc:t 'trees. '. A copy ollhe petition is -avatlable for review In the' Office of thc City Cterk, .Room.456, Noel C. Taylor Municipal BuildIng, 215 Church Avenue, S.W" Roanoke, Virginia. All parties in Inlcrcst <lnd citlzens may appear on the <lbovedate3ndbchc<lrdon Ihe matter, If you are a person.wlth a disability who net!ds occommodatlons for lhh; hcaring, please cont..'1 the Clt~ Clerk's OffICC, at I 853-2541,.bcfore noon on the Thursday before the date 01 the hearing listed above, GIVE~ under mv hand this 31st d<lY of JanUary, 2007. I - - - - - ~. Stp.PhanieM,Moon,CMCI_ _ -- " ' AClingCityClerk r ~~0~~7~~1lL- ~.~ _ Services Representative ("'-.' ~ '-- " " m ~ . ,.0:::'. ::::j "-1 ITI c'j l-'~. I:J~I "" "'" 1$;. r"':l Cn 1-'':'' (,^" (\ f, .~, ~?r NOTICE OF PUBLIC HEARIi\G The Council of the City of Roanoke will hold a public hearing On Tuesday. I'ehruary ~O. ~(J07. al 7:00 p.m.. or as soon Iherealier as the malkr may he heard. in Ihe C"uncil Chambc'r, fourth floor. in the ,",od C. Taylor :vlunicipal Ruilding. 215 Church A venue, S. W.. Roanoke. Virginia. 10 consider the lollowing: Requesl li'om Ihe Cily of Roanoke 10 amend Proller \10. 2 contained in the Third Amended Petition filed Fehruary 10. 2IJO(i, presenlly hinding up"n Patrick Henry High School. localed at 2102 Grandin Road. S.W.. designated as Oflicial Tax No, 14(,1) I 0 I. by Ihe adoption of Ordinance \10. 37303.1)20(,(1(,. On February 6. 200(>. by deleting such Profler NO.2 and substiluling in its stead the following revised pron~red condition to apply to the subject property: (2) The school sports "lCility will be lkvdoped in substantial eonrormity with Ihe Stadium Plan prepared by Rife + Wood Arehitl'cls. dated .Ianuarv l~, 2007, and the Stadium Sections. dated December I, 2()O(i. copies or which arc altacbed ll1 thc' applicatil1n for Amendment of Prorrered Condilions. Amended Applicalion \10. I. as Exhibi1s Six and Seven, respeclively. Such amended proffer modi lies the slructural eomposilion of Ihe northern litcade of the sladium section hy reducing the size of the laeacle, lowers the height of the grandstand and rellects additi'lllallandscaping and Irees. A copy of the petiti(ln is available 1'01' revic'w in the Oniee of Ihe City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue. S.W., Roanoke. Virginia, All panic's in inlerest aud citizcns may appear au the ab"v~ date and be heard on the malter. If you arc a perSlln \\"ilh a disability \\"ho needs accommodations for this hearing. please Cl"Hact the City CIe'rk's Onice. at ~53.~541. bC'lore nOOn On the Thursda~' belore Ih" dale of Ihe hearing listed above. GIVE\lunder my hand this 31sclavof January ---- ~ - .2007, Stephanie M. Moon. CMC ACling City Clerk Notice to Publisher: Publish in the Roanoke Times once on Friday, February 2, 2007 and Friday, February 9,2007. Send bill and affidavit to: Stephanie M. Moon, Acting City Clerk 215 Church Avenuc, S. W. Roanoke, Virginia 2.f011 (540) 853-2541 II k;,<j! . ~l;/(!lll!.> CITY OF ROANOKE OFFICE OF THE CITY CLERK 21 S Churrh ,\\'enue, S. W.. Room .fS6 Rmmoke, Virginia 2.fllll-15.\6 'relel)hulle: (S-IO) 1'1';.1.2.5-11 Fax: IS.aOJ8:;.'.ll-lS E-nmil: dl'rk@'rO:lnokl'\'.I.J,:O\' SHEILA ". HARDI"" A<';"ij...tunl ('it)' Ch..rk STEPIIAi'iIE :\I,l\.U)()~. <::\1(' City CierI.. February 8, 2007 File #514 Dear Adjoining Property Owners: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday. April 6, 1981, I have advertised a public hearing for Tuesday, February 20,2007, at 7:00 p.m., or as soon thereafter as the matter may be heard. in the City Council Chamber. Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on the request of the City of Roanoke to amend Proffer NO.2 contained in the Third Amended Petition filed February 10,2006. and presently binding on property located at 2102 Grandin Road, S.W., known as Patrick Henry High School, in order to change the reference to the drawing of "Stadium Sections" dated December 1, 2006, and to substitute the new version of Exhibit 7. This letter is provided for your information as an interested property owner andlor adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning. Building and Economic Development at 540-853-1730. If you would like to receive a copy of the report of the City Planning Commission, please call the City Clerk's Office at 540-853-2541. Sincerely. AqA~In.~~ Stephanie M. Moon, CMC City Clerk SMM:snh Cao Ming Hua & Ren Haiging 1302 Belle Aire Lane Roanoke, VA 24018 Michelle Peale 2420 Guilford Avenue, SW Roanoke,VA 24015 Patricia G. Wilson POBox 4744 Roanoke,VA 24015-0744 Robert D. Lipscomb 2559 Winifred Drive Roanoke,VA 24018 David K. Cumins 2735 Richelieu Avenue, SW Roanoke,VA 24104 Kenneth C. Dunn 2612 Guilford Avenue, SW Roanoke, VA 24015 Colin and Judith Lunsford 2624 Guilford Avenue, SW Roanoke,VA 24015 Donald and Barbara Bollas 2712 Guilford Avenue, SW Roanoke,VA 24015 Benjamin & Nancy Henderson 222 Rocky Shore Lane Moneta,VA 24121 Vernon E. Jolley, Jr. 1922 Brandon Avenue, SW Roanoke, VA 24015 Ronald and Misty Bingham 2412 Guilford Avenue, SW Roanoke, VA 24015 Lynn C. Wigginton 2424 Guilford Avenue, SW Roanoke, VA 24015 Robert and Edna Weaver 2436 Guilford Avenue, SW , Roanoke, VA 24015 RObert~'ps mb 2559 Wi . ey Drive Roanok ,V 24018 Brenda R. Page 2602 Guilford Avenue, SW Roanoke,VA 24015 Alice C. Tuckwiller 2616 Guilford Avenue, SW Roanoke, VA 24015 James and Connie Hogan 2702 Guilford Avenue, SW Roanoke,VA 24015 James and Janet Hamrick 2716 Guilford Avenue, SW Roanoke,VA 24015 Tammy L. Crush 2728 Guilford Avenue, SW Roanoke, VA 24015 Trustees, St. Elizabeth's Episcopal Church POBox 4706 Roanoke,VA 24015 James and Jennifer McLeese 2416 Guilford Avenue, SW Roanoke, VA 24015 James and Jean Loesl 2428 Guilford Avenue, SW Roanoke, VA 24015 Bradley P. Miller 2440 Guilford Ave.,S.W. Roanoke, VA 24108 John R. Patterson 2506 Guilford Ave., S.W. Roanoke, VA 24018 Dinia M. Pease 2608 Guilford Avenue, SW Roanoke, VA 24015 Marvin & Sandra Harrison 2620 Guilford Avenue, SW Roanoke, VA 24015 Jeffrey and Deborah Drinkert 2708 Guilford Avenue, SW Roanoke, VA 24015 Jonathon and Ilona Todd 2720 Guilford Avenue, SW Roanoke, VA 24015 Theodore and Dianne Smith 2732 Guilford Avenue, SW Roanoke, VA 24015 Mary Jane Shirley 2802 Guilford Avenue, SW Roanoke, VA 24015 Terry and Phyllis Clifton 2806 Guilford Avenue, SW Roanoke, VA 24015 John and Nancy Fudge 2902 Guilford Avenue, SW Roanoke, VA 24015 Ronald and Margaret Whitlock 2922 Guilford Avenue, SW Roanoke, VA 24015 Olivia I. Byrd 3006 Guilford Avenue, SW Roanoke, VA 24015 R. Edward & Corinne St. George 3022 Guilford Avenue, SW Roanoke, VA 24015 David Tucker 1743 Blair Road, SW Roanoke, VA 24015 Lynn and Mary Via 2513 Mt. Vernon Road, SW Roanoke, VA 24015 Jimmy W. Farley 2429 Mt. Vernon Road, SW Roanoke, VA 24015 Douglas Viehman Diane Naff 2216 Blenheim Road, SW Roanoke, VA 24015 Harriet G. Vance 1656 Center Hill Road, SW Roanoke, VA 24015 Joseph A. Murrary 2810 Guilford Avenue, SW Roanoke, VA 24015 Katrina A. Mabery Virginia M. Balserak 2912 Guilford Avenue, SW Roanoke, VA 24015 Jeffrey & Michelle Floyd 2928 Guilford Avenue, SW Roanoke, VA 24015 Barbara C. Sutton 3010 Guilford Avenue, SW Roanoke,VA 24015 Shenandoah Life Ins. Co. POBox 12847 Roanoke, VA 24029 James and Dana George 2340 Blenheim Road Roanoke, VA 24015 Seth and Jane Hooper 2507 Mt. Vernon Road, SW Roanoke, VA 24015 Samuel and Deanne Vance 1640 Persinger Road, SW Roanoke, VA 24015 Ronald Henderson Shirley Cawley 2421 Mt. Vernon Road, SW Roanoke, VA 24015 Christopher and Kelly Kaze 1647 Center Hill Road Roanoke, VA 24015 A E H Properties 22 5 Heidinger Drive Cary, NC 27511 Michael & Kristie Lipscomb 2916 Guilford Avenue, SW Roanoke, VA 24015 Daniel and Laura Foutz 3002 Guilford Avenue, SW Roanoke, VA 24015 Thomas and Alice Lambdon 3014 Guilford Avenue, SW Roanoke, VA 24015 Geoffrey and Susan Jennings 1744 Blair Road, SW Roanoke, VA 24015 Douglas and Evie Robison 2517 Mt. Vernon Road, SW Roanoke, VA 24015 Beau & Emily Adams 2501 Mt. Vernon Road, SW Roanoke, VA 2401 5 Kermit and Elizabeth Hale 2222 Blenheim Road, SW Roanoke, VA 24015 Michael and April Snow 1639 Persinger Road Roanoke, VA 24015 James and Cinda Brown 1702 Brandon Avenue, SW Roanoke, VA 24015 Dale and Lora Wilkinson 1710 Brandon Avenue, SW Roanoke, VA 24015 Bruce and Patricia Tolson 1806 Brandon Avenue, SW Roanoke, VA 24015 Michael and Cathy Pegram 1824 Brandon Avenue, SW Roanoke, VA 24015 Gerald and Drue Danz 4069 Poplar Grove Drive Vinton, VA 24179 Jack and Ruth Meadows 1714 Brandon Avenue, SW Roanoke, VA 24015 Stephen G. Ellis Jerry P. Ellis 1810 Brandon Avenue, SW Roanoke, VA 24015 Mark E. Barker 1828 Brandon Avenue, SW Roanoke, VA 24015 M & W Properties 4423 Brentwood Court Roanoke, VA 24018 Frances Kastler 1 822 Mayfield Drive Roanoke, VA 24014 George Koss 2854 Fairway Forest Circle Salem, VA 24153 Elizabeth Velazquez 1832 Brandon Avenue, SW Roanoke, VA 24015 George Williams 1994 Brown Gap Turnpike Charlottesville, VA 22901 George Williams Michael Holland Claude and Mary Hodges 103 Fourth Street 1918 Brandon Avenue, SW 1926 Brandon Avenue, SW Bluefield, WV 24701 Roanoke,VA 24015 Roanoke, VA 24015 Buddy Mason Darrell R. Craighead Curtis and Ellen Fuller James George 110 E. First Street PO Box 1373 1942 Brandon Avenue, SW Salem, VA 24153 Salem, VA 24153 Roanoke, VA 24015 Trustees, Unitarian David A. Rogers Benhamin c.favis Universalist Church 2015 Grandin Road, SW 2103 Grandin Road, SW 2111 Grandi Road, SW Roanoke,VA 24015 Roanoke, VA 24015 Roanoke, VA 24015 George and Elizabeth Marsh Elaine A. Noell, Trustee Neale and Mary Huff 2121 Grandin Road, SW 2201 Grandin Road, SW 2215 Grandin Road, SW Roanoke, VA 24015 Roanoke,VA 24015 Roanoke,VA 24015 Diana Kyle Curtis Fooks Jeffrey and Christina Hatch Robert Salyer Nan Rae Marion 2223 Grandin Road, SW 2231 Grandin Road, SW 2239 Grandin Road, SW Roanoke, VA 24015 Roanoke, VA 24015 Roanoke, VA 24015 James Gilmer, III Herbert H. Smith, II Craig and Barbara Johnson Jill Arliss 2243 Grandin Road, SW 5551 Catawba Valley Drive 2343 Carter Road, SW Roanoke, VA 24015 Catawba, VA 24070 Roanoke, VA 24015 Wendy Jones, President Grandin Court Civic League 2714 Tillett Road, SW Roanoke, VA 24015 Kurt Navratil, President Greater Raleigh Court Civic League 1877 Arlington Road, SW Roanoke, VA 24015 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S. \V., Ronm 456 Roanoke. Virginia 24011,1536 Telephone: (540) 853-2541 F3.\: (5-1-0) 853.1145 E-mail: derk@roannkc\.il.gl.\. SItF.ILA ~, HARTMAN Assist31l1 City Clerk STEPHANIE M. i\fOO:'\!, CMC City Clerk February 26, 2007 File #166-373 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 37697-022007 authorizing the lease of approximately 20.4 acres, more or less, of City-owned property, being Botetourt County Official Tax No. 108(9)4, located in the unused portion of the City-owned property in Botetourt County adjacent to the Coyner Springs Cemetery, for agricultural purposes, for a term of one year beginning March 1, 2007, and expiring February 29, 2008, with four mutually agreed upon one. year renewal options under the same terms, at an annual rental of $10.00 per acre, per year; and authorizing the appropriate City officials to execute a lease agreement. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Tuesday, February 20, 2007, and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Jesse A. Hall, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget R. Brian Townsend, Acting Assistant City Manager for Community Development LisaP. Hayslett, Economic Development Specialist D~G m TIlE COUNCIL OF THE CITY OF ROANOKE, VllWmIA The 20th day of February, 2007. No. 37697-022007. AN ORDL"lANCE authorizing the lease of an approximately 20.4 acres, more or less, of City-owned property, being Botetourt County Official Ta.x No. 108(9)4, located in the unused portion of the City owneu property in Botetourt County adjacent to the Coyner Springseemetery, for agricultural purposes, for a term of one (I) year beginning March 1,2007, and expiring Fcbruary 29, ' 2008, with four mutually agreed upon one year renewal options under the same ternls, at an annual rental of S 10.00 per acre pcr year: authorizing the appropriate City o[ficials to exccute a lease agreement theretore; and dispensing with the second reading of this ordinance by Ii tie. WHEREAS, a public hearing was held on February 20,2007, pursuant to SS 15.2-1800(8) and 1813, Code ofYirginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on the proposed lease. THEREFORE, BE IT ORDAL"lED by the Council of the City of Roanoke as follows: I) The City Manager and City Clerk are hercby authorized to execute and attest, respectively, in a form approved by the City Attorney, a lease with Ned 8. Jeter for the lease of approximately 20.4 acres. more or less, of City-owned property, being Botetourt County Official Tax No. 108(9)4, located in the unused portion of the City owned property in Botetourt County adjacent to the Coyner Springs cemetery, for agricultural purposes, for a one (I) year period. beginning March I, 2007, and expiring February 29,2008, with four mutually agreed upon one year renewal oplions under the same terms, at an annual rental of SIO.OO per acre per year; upon certain terms and conditions, and as more particularly described in the City :vranager's letter to this COlUlcil dated Fcbruary 20,2007. 2. Pursuant to the provisions ofSeclion 12 of the City Charter, thc second reading oflhis ordinance by title is hereby dispensed with. ATTEST: A~m.rnb~ City Clerk. . \ CITY OF ROANOKE OFFICE OF THE CITY MANAGER \Jllt.'l C, T.l!'lor Municipal Building 21:-; Church i\\'L'l1lH-', S,\V.. Room 3(,,~ ROc1no\..:t:', Vlrginia 2--1-011-1541 Tvll'f~h"nl': 15.lllI,"':;:'\-.~.~Y' j:,l\: (::;w) :"i:;....-lly~ l'IL~ \\'l't'. \\'\\'\\" 1"...I11ol.."\,l.,!..:,"\' February 20, 2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice Mayor Honorable Alfred T. Dowe, Jr., Council Member Honorable Beverly T. Fitzpatrick, Jr., Council Member Honorable Sherman P. Lea, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Brian J. Wish neff, Council Member Dear Mayor Harris and Members of City Council: Subject: Lease of Land to Ned Jeter at Coyner Springs Background: Mr. Ned Jeter has requested a lease for approximately 20.4 acres +/- located in the unused portion of the City owned property adjacent to the Coyner Springs cemetery in Botetourt County. This property would be used for agricultural purposes. Mr. Jeter currently leases the adjacent 7.41 acres from the City of Roanoke for the purpose of grazing cattle. Mr. Jeter would like to extend the grazing area to include the 20.4 acres. Mr. Jeter would be responsible for fencing this additional area. The lease term requested is for a one-year lease with four mutually agreed upon one. year renewal options. Considerations: Farming of the tract serves the primary purpose of keeping it cleared and eliminating the need for City forces to keep it cleared and mowed. The proposed lease rate is ten dollars ($10) per acre per year. The lessee will be required to maintain fencing as necessary and assume all liability for damage to and by his actions or actions of his livestock, machinery, equipment, employees and guests. The lessee is to provide liability insurance listing the City of Roanoke. its officers; agents, employees, and volunteers as additional insured. Honorable Mayor and Members of City Council February 20, 2007 Page 2 Recommended Action: Authorize the City Manager to execute a lease agreement with Ned Jeter for approximately 20.4 acres +/- of land in Botetourt County, for an initial period of one (1) year, subject to four additional renewals of one-year terms upon mutual agreement of the parties, beginning March 1, 2007 and expiring February 29, 2008. All documents shall be upon a form approved by the City Attorney. Respectfully submitted, Darlene L. Bur City Manager DLB:lph c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance R. Brian Townsend, Acting Asst. City Manager for Community Dev. Lisa P. Hayslett, Economic Development Specialist CM07-00022 The Roanoke Tilnes Roanoke, Virginia Affidavit of Publication The Roanoke Times --------------------------------------------------+------------------------ MARY F. PARKER CITY OF ROANOKE CLERK'S OFFICE 215 CHURCH AVE SW RM 456 NOEL C. TAYLOR MUNICIPAL BLDG. ROANOKE VA 24011 1------. I. NOTICE OF PUBLIC HEARING City/County of Roanoke, Commonwealth/State of Vir~}yia. Sworn and subscribed before me this _J_~~_day of February 2007. Witness my hand and official seal. ~rhy;61 My cO~~~~~ire o:1.ry Public _____~_~_~l~_. The City of Roanoke propose's to lease appro~imatcly20.4acres +,.., of City -owned property. being I Official Ta\ No. 108(9)4, locatcd in thc unused portion olthe City owned propert}" in Botetourt County i adjacent to thc Co~ne'r 'Springs cemetery to ~ed IJctcr to be uscd for ,lgricultural purposes loran initial term of one year subject to lour additional 'one }tcar term renewals 'upon mutual agreement 01 the parties, P u rs u ant tot h tc" requirements of !i!i15.2.1800 and 1813, Code 01 Virginia (1950). <IS amended, notice IS hereby given thm the City Council of the Cityo! Roanoke will hold a public heaung on the :above ma!tt::rat Its regular meeting to be held on Fcbruary 20, 2007, commencing at 7:00 p.m" in I' the Council Chambcrs of the . "'ocl C. Taylor Municipal Building, located at 215 Church Avenue. S.W.. RO<lnoke. Virginia 24011. Citizens ~hall have the opportunit}ttObeheardandl 'e~press their opinions on this maller, II you ,ue a person with a disability who necds, 'accommodations for this 'hearing. please contuctthe CIty. Clerk's Office at (540)1 853-2541, beforc 12:00 noon on Thursday, February 15,2007. GIVEN under mv hand thiS! 'Sth day of February, 2007. Stephanie M. Moon, CMC CII}" Clerk' REFERENCE: 32143302 10089915 NOTICE OF PUBLIC HEA State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: 'P.jBLISH,ED ON: 'j2/09 i (100899~~) ---.:_-- . ",.1\ ,.\,'. :',' TOTAL COST: FILED ON: 175.80 02/15/07 ,- - ----- - ----------+--- - - ------ - ----- - - - ---- Authorize~ Signature:_______ __ Billing Services Rep~~sentative --< -< ,.., .- ,,, "" '" (S' -,] "-1 rn 1::r:1 ,.." cr. ~ ~" rt:~ Cj'"1 rl.J -~ \.' I\OTlCF: OF PUlLlC HF..\RII\G The Cily of Roanoke proposes 10 leasc' approximately 20.4 acres +1. of Cily-owned propc'rty. being Oftlcial Tax 1\0. IOS(')j4. located in the unused portion of the City owned property in Botetourt Counly adjacent 10 the Coyner Springs ecmetery to Ncd Jeter 10 be used Illr agrieullural purposes Illr an initial ieI'm of one year subject to Il)ur additional one year lerm rL'ne\\'als uponlnutual agreemelll "I'thc' parties. l'ur;;u'1I1t to Ihe requirc'me'llls of ~~ 15,2.1 SOO and 1813. Code of Virginia (1950), as amended. notice is hereby gi\"cn that the' City Council of Ihe Cily of Roanoke will hold a public hearing on the ab,>\'e malleI' at its regular tlleeling to be held on February 20,2007. eotllmencing at 7:00p.m" in the Council Chambers of the 1\ocl C. Tayll)r Municipal Huilding. loealed at 215 Chureh A\"enUL'. S.W., R'lOlI1oke. Virginia 24011, Cilizcns shall haVe' the Oppclrtunity to he hcard and express their opinions on this matter. If you are a person with" disability who nceds aecommodalions I'llI' Ihis hearing. please c,'llladlh,' Cily Clerk's Offiee at (5401 :\53-2541. bclorc 12:00 noou ou Thursday, February 15. 2u07. (jIVE\,J under my hand this 8th day of Fe~_.':uary ,2(J(J7. Stephanie \1. ivloon, CMe City Clerk Notice 10 Publisher: Publish in the Roanoke Times onee on Friday, February 9, 2007. Scnd bill and anidavil to: Stephanie IV!. Moon, City Clerk 215 Church Avenue, S. W. Roanoke. Virginia 24011 (540) 853-2541 . , -' IMMIGRATION AND SANCTUARY FEBRUARY 20, 2007 PRESENTED BY RICARDO V ALDIVIESO rvald01DrodigY.net Tel. (540) 489-8374 Mr. Mayor Members Of. The City Council City Manager, City employees, and Audience My name is Ricardo Valdivieso. I am a city employee, a columnist for the Roanoke Times, and a member of the steering committee of the Hispanic Community Center HACIENDA. I am here tonight to congratulate Ihose who prevented the passage of extreme anti- immigrant legislation presented in the general assembly and I am here to petition the City Council of the City of Roanoke to study and consider declaring Roanoke a Sanctuary City for immigrants. It is not a secret to anyone here that we have an undocumented population among us, and many more who may soon become out of status, mainly young students, due 10 1he negligence and slow bureaucracy of the federal authorities. Declaring Roanoke to be a sanctuary city for immigrants is a commitment by the authorities to not exercise the responsibilities that belong to the federal government in regard to immigration. It is a commitment to not authorize the local police and sheriffs office or any other city employees to act as immigration agents, and a commitment to advise all city services and personnel to respond to the needs of those immigrants in peril. Declaring sanctuary is a commitment to enforce housing policies in a way that immigrants arc not discriminated against when they search for housing so they don't end up living in sub- standard conditions. Sanctuary means giving the most elemental respect to everyone's human rights no matter what their legal status is. It means recognizin& the right to not be exploited and mistreated by employers. Sane1uary is a commitment to stop abuses committed by unscrupulous Notarios and payday lenders, and the right to be 1rea1ed fairly by the courts. Sanctuary is a commitment of the great city of Roanoke, the Star City of the South and its immigrants to dedicate an effort to teach and learn English as a second language, to dialog with differen1 ethnicities among which are undocumented families, and to search for ways to eliminate the flow of undocumented workers and their families by demanding from the United States Congress a comprehensive immigration reform that is not solely based on police enforcement but by an open and constructive dialogue on immigration, especially with the Latin American countries. For the -- . immigrant, living in a sanctuary city gives the opportunity to freely participate in the civic life of this great community as well as the responsibilities that this entails. If we look around us, the immigrant community is glad to count on organization such as TAP. The Roanoke City Health department, The Refugee office of the Catholic Church, Carilion. Kuumba, now New Horizons, Local Colors, The Roanoke Times, Mayor Harris, and all of the Roanoke City departments. I urge you to consider declaring Roanoke City a sanctuary city for immigrants, as other cities of this Nation have done such as San Francisco, Chicago, Cambridge, and many others. I urge you 10 never let our immigrant families, including parents, grandparents, children and babies, be arrested and dressed in prison clothes as they linger in jails like in Texas. I urge you to never allow immigrants to be chased, persecuted, or mistreated like immigrants in Colorado have been. I urge you to declare Roanoke, as we celebrate this important birthday year, to be a sanctuary in the name of sensibility, peace, and unity. Thank you very much for your time and attention. Cambridge, Massachusetts Sanctuary City ]\;!IC\' ( ;rd\.:l' i~('~~)!Liti~:!l (j-) (\ IN CITY COUNCIL May 8, 2006 COUNCILLOR SIMMONS VICE MA YOR TOOMEY COUNCILLOR SULLIVAN COUNCILLOR DECKER MA YOR REEVES COUNCILLOR DAVIS COUNCILLOR MURPHY WHEREAS: The City of Cambridge has been enriched and built by generations of immigrants; and WHEREAS: Cambridge has a proud history as a Sanctuary city, as declared by City Council Order Number 4 of April 8, 1985; and WHEREAS: There are now approximately 12 million undocumented immigrants in the United States who have been systematically denied the opportunity enjoyed by past generations of immigrants to become legal permanent residents or citizens of this country; and WHEREAS: Over thc past two decades, immigration policy has become even more restrictive and punitive and closed off avenues previously available for immigrants to obtain legal permanent residency, while the US-Mexico border has been further militarized; and WHEREAS: While borders have been closed off to people over the past two decades, they have been simultaneously opened up to trade and capital; and WHEREAS: These same "free trade" economic policies, have increased povcrty and decreased opportunities for people to make a dignified living and support their families; and WHEREAS: In 2005, record numbers of migrants seeking a means to support their families, with no alternative to migrate safely into the United States, perished in the desert along the US-Mexico border, while countless others lost their lives in 1he journcy; and WHEREAS: The migration experience has adverse cmotional and psychological effects on families, who are kept apart for many years due to unjust immigration policies and backlogs in visa applications; and WHEREAS: Undocumented immigrants are especially vulnerable to workplace abuses and housing discrimination; and WHEREAS: Currcnl US immigration policy does not reflect our standards of what isjust, humane and moral; and WHEREAS: Both undocumented and documented immigrants in the U.S. fuel our economy and those of 1heir countries of origin; and WHEREAS: On December 16, 2005, the House of Representatives passed HR-4437, which would have drastic conscquences for ncarly all immigranls to this country, their families, their neighbors and those who support thcm; and WHEREAS: The US Senate is currently considering a companion bill to HR- 4437 that contains many of the same counterproductive, misguided measures, including criminalization of immigrants and those who help them, further militarization of the bordcr, turning police into immigration agents and erosion of cherished lcgal traditions such as due process; and WHEREAS: The US Senate is also considering guest worker programs that would create a second-class citizenry without basic rights that would be discnfranchised and would be vulnerable to exploitation by unscrupulous employcrs; and WHEREAS: Much of the public discourse surrounding immigration has taken on a tone that ranges from irrational to racist, as seen in the use oflanguage such as "illegal" and "alien" 10 describe immigrants, which has a dehumanizing effect and helps justify policies that seek to criminalize and excludc immigrants; and WHEREAS: Raids carried out by the federal government, ranging from the highly publicized nationwide workplace raids on April] 7,2006 that resulted in the arrest of 1,187 employees, to the less widely-known sweeps of homes such as occurred in Massachusetts on March 6, 2006, have instilled fear and panic in immigrant communities and created environments that are ripe for intimidation, harassment and racial profiling; and WHEREAS: Following the raids in April, the US Homeland Security Secretary announced that it would be intensifying such enforcement measures, an announcement that came in the midst of unprecedented numbers of immigrants demonstrating in defense of their dignity, against HR-4437, and . '. for an opportunity to obtain legal permanent residency; and WHEREAS: The cities of Maywood. Huntington Park and Coachella, CA have resurrected 1he spirit of the Sanctuary City movement in recent months and declared themselves Sanctuary Cities, and cities such as San Francisco and Chicago have reaffirmed their commitments as a Sanctuary Cities; now therefore, be it RESOL VED: That the City of Cambridge reaffirm its commitment as a Sanctuary City, as declared by City Council Order Number 4 of April 8, 1985; and be it further RESOL VED: That the City of Cambridge endorses the platform of the National Alliance of La1in American and Caribbean Communities' Keep Our Families Toge1her Campaign: . Legal permancnl residency for all undocumented immigrants. . Expedition of family visas. . Visionary program for future migration flows that respects the rights of immigrants as workers and as human beings. . The social, political and economic integration of new immigrants into US society; and be it further RESOLVED: Thai the US Department of Homeland Security and the US Immigra1ion and Customs Enforcement be called upon to issue a moratorium on raids until the US congress comes to an agreement on comprehensive immigration reform so that the debate can be carried out in good faith, rather than against a backdrop of fear, repression and intimidation; and be it further RESOLVED: That the City of Cambridge affirms the basic human rights and dignity and every human being; and be it further RESOLVED: That the City of Cambridge rejects the use of the word "illegal" to describe human beings and Ihe use of the word "aliens" to describe immigrants and hereby adopts the language "undocumented" when referring to those who do not have federally recognized resident status and "immigrant" to refer to those who have migrated to the US from another country; and be it further RESOLVED: That the Cambridge City Council hereby urges the United States Senate to defeat HR 4437 and does hereby urge the President of the United Slates 10 veto such legislation if il is in fact approved by the Senale; and be it further RESOLVED: That the City Clerk be and hereby is requested to forward suitably engrossed copy of this resolution to the Massachusetts Congressional delegalion on behalf of Ihe entire City Council. Pd,b, , Dawn Rees-Blakeman, President of REA 4235 Norwood St SW Roanoke, VA 24018 Representing the Roanoke Education Association (REA) Tuesday, February 20, 2007 Dear Mayor Harris and other distinguished members of City Council, , Good evening. I am Dawn Rees-Blakeman, President of the Roanoke Education Association. I am here this evening to discuss with you the importance of changing the funding formula in regards to how much local revenue Roanoke City Public Schools receive. REA urges you to increase this percentage of revenue. Roanoke City Schools are operating with funds received from an antiquated funding formula developed over two decades ago. We need to make a more significant investment in our public schools for they are the cornerstone of our society, the most essential building block upon which we forecast our future. Our children deserve the very best from us, from all of us, not just those that are in the classrooms and buses and hallways with them each and every day. Our school system is in dire need of increased funding in order to provide a world class education to our students and to meet our goals of higher academic achievement for all. In order to deliver these outcomes, we must first and foremost be able to attract and retain the best and the brightest in our teaching faculty. One important way to do this is by offering competitive salaries and benefits to our teachers. Roanoke City's is lagging behind our local counterparts in many regards and you probably don't need me to tell you that the challenges we face on a daily basis in our classrooms are huge. We also lag behind in meeting the national average for teacher pay. I will be happy to provide for all of you all the charts and graphs that show all these salary and benefits comparisons; in the amount of time I have here, it is not adequate to do this. There are many other significant funding initiatives that require additional revenue from the city. Some of these include the following: offering VRS benefits to our bus drivers(as the other local districts do), to purchase textbooks that are needed throughout the school district, and to replace our dilapidated school buses. For too long, Roanoke City Schools have "made do". We have "made do" with wholly inadequate salary raises that do not even come close to covering the cost of burgeoning living increases. We have "made do" with sending our children to school on buses that desperately need to be replaced. We have "made do" with teaching our curriculum either without textbooks or with outdated textbooks that do not meet our standards ofleaming. Is this what we want? Do we want to be known as the "made do" Roanoke City Public Schools?? REA is here to tell you that the teachers, classified personnel, and administrators of RCPS do NOT! We know that you do not want this, as well. We urge you to take action and increase the percentage of revenue our school system receives so that we can truly build the best educational system here in Roanoke City. Thank you for your time and attention to these matters. Please feel free to contact me if you have any questions or concerns in which REA may be able to offer input. We would welcome the opportunity to discuss these matters further with you. Sincerely, Dawn Rees-Blakeman Home: 772-3939 Cell: 525-1542 Email: mutlieb@cox.net ..... \