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Home My WebLink AboutCouncil Actions 04-02-07 Do we 37718-040207 ROANOKE CITY COUNCIL REGULAR SESSION APRIL 2, 2007 9:00 A.M. ROOM 159 AGENDA Call to Order -- Roll Call - Mayor C. Nelson Harris called the meeting to order. Due to the lack of a quorum, the meeting was declared in recess. The Council meeting reconvened at 10:30 a.m. (Council Members Dowe and Wishneff arrived late.) 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)(1), Code of Virginia (1 950), as amended. Approved (5-0, Council Members Dowe and Wishneff were not present when the vote was taken.) File #110-132 Items for discussion at the joint meeting of Council and the Roanoke City School Board on Monday, May 7, 2007, at 9:00 a.m. Items to be forwarded to the City Clerk, City Manager or the Mayor. Tour of Virginia Western Community College renovations on Monday, May 7,2007, at 12:00 p.m. (Transportation and lunch will be provided) Items listed on the 2:00 p.m. Council docket requiring discussion/clarification and additions/deletions to the 2:00 p.m. agenda. (10 minutes) Topics for discussion by the Mayor and Members of Council. (5 minutes) BRIEFINGS: · Roanoke River Flood Reduction Project Update Federal Emergency Management Agency Floodplain Mapping Update Art Site Plan 45 minutes 15 minutes · · 10 minutes A JOINT MEETING OF COUNCIL AND THE ECONOMIC DEVELOPMENT AUTHORITY WAS HELD AT 12:00 P.M., IN ROOM 159, FIRST FLOOR, NOEL C. TAYLOR MUNICIPAL BUILDING. 2 ROANOKE CITY COUNCIL ECONOMIC DEVELOPMENT AUTHORITY JOINT MEETING APRIL 2, 2007 12:00 P.M. ROOM 159 AGENDA 1 . CALL TO ORDER. 2. ROLL CALL: Economic Development Authority 3. WELCOME. Mayor Harris and Chairman Dennis Cronk 4. INVOCATION AND LUNCH. 5. DISCUSSION ITEM: Annual report of the Economic Development Authority. File #109-207 6. COMMENTS BY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY MEMBERS. 7. RECESS/ADJOURN. THE COUNCIL MEETING WAS DECLARED IN RECESS FOR ONE CLOSED SESSION IN ROOM 451, COUNCIL'S CONFERENCE ROOM. THE MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY WAS ADJOURNED. :1 ROANOKE CITY COUNCIL REGULAR SESSION APRIL 2, 2007 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order--RolI Call. The Invocation was delivered by Mayor C. Nelson Harris. The Pledge of Allegiance to the Flag ofthe United States of America was led by Mayor 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, April 5, 2007, at 7:00 p.m., and Saturday, April 7, 2007, at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. -I- 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.CLlCKONTHE5ERVICEICON.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 AT THE 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. 5 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: Recognition of the William Fleming High School Colonels and their coaches for winning the 2007 Virginia High School League Group AA Boys Basketball State Championship. Adopted Resolution No. 37718-040207. (7-0) File #467 A Proclamation declaring April 8 - 14, 2007 as National Public Safety Telecommunicator's Week. File #3-362 3. CONSENT AGENDA Approved (7-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-l A communication from the City Manager requesting that Council schedule a public hearing for Monday, April 16, 2007, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider an adjustment to the annual budget for an additional appropriation for certain social services/human services programs. RECOMMENDED ACTION: Concurred in the request. File #132 C-2 A communication from Wynona L. McWhite, Chair, Roanoke Arts Commission, advising of the resignations of Susannah Koerber and Cathy C. Greenberg as members of the Roanoke Arts Commission. RECOMMENDED ACTION: Accepted the resignations and received and filed the communication. File #110-230 C-3 A communication from William H. Lindsey tendering his resignation as a Trustee of the Roanoke City School Board, effective June 30, 2007. RECOMMENDED ACTION: Accepted the resignation and received and filed the communication. File #110-467 6 C-4 Qualification of the following persons: Sheila N. Hartman as Deputy City Clerk for the City of Roanoke, effective March 19, 2007; Charles R. Shaver, as a member of the Roanoke Valley Greenway Commission to fill the unexpired term of Talfourd H. Kemper, Jr., ending June 30, 2007; John H. Johnson, Jr., for a term ending June 30, 2008, Richard B. Sarver to fill the unexpired term of Bobby Lavender ending June 30, 2008, and John C. Moody, Jr., for a term ending June 30, 2010, as members of the Board of Fire Appeals; Anthony M. Reed as a member of the Fair Housing Board, for a term ending March 31, 2010; and Jesse A. Hall as a Commissioner of the Hotel Roanoke Conference Center Commission for a term commencing April 9, 2007 and ending April 8, 2011. RECOMMENDED ACTION: Receive and file. File #15-38-70-110-178-247-379 REGULAR AGENDA 4. PUBLIC HEARINGS: a. Joint public hearing of the City Council and the City Planning Commission to consider the request of Faison-Southern Lane, LLC, to amend a certain proffered condition presently binding upon a tract of land located on Franklin Road, Southern Lane, Southern Hills Drive and Griffin Road, S. W., in connection with an amended proffered landscaping plan. James F. Douthat, Attorney. Adopted Ordinance No. 37719-040207. (7-0) File #51 7 b. Citizen comments with regard to the City of Roanoke's proposal to grant a Revocable License for use of an area in the City's Public Works Service Center to conduct a parts operation service, subject to the terms of the resultant contract with the successful offeror. Darlene L. Burcham, City Manager. Adopted Ordinance No. 37720-040207. (7-0) File #183 5. PETITIONS AND COMMUNICATIONS: NONE. 6. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: 1. Approval of the Public Art Site Plan as a part of the City of Roanoke Public Art Policy. Adopted Resolution No. 37721-040207. (7-0) File #230 2. Appropriation of funds in connection with the State Asset Sharing and Federal Forfeited Property Sharing Program. Adopted Budget Ordinance No. 37722-040207. (7-0) File #5-60 3. Authorization to file an application for a water supply planning grant for fiscal year 2008 in connection with the development of a regional water supply plan. Adopted Resolution No. 37723-040207 and Budget Ordinance No. 37724-040207. (7-0) File #60-378-236-468 b. CITY ATTORNEY: 1. Amendment of the contract between the Sheriff and the City of Roanoke to permit her employees a paid holiday on the day of their birthday for fiscal year 2006-07, retroactive toJuly 1,2006. Adopted Ordinance No. 37725-040207. (7-0) File #121-184 8 2. Appointment of the City Clerk as the Secretary to the Local Board of Fire Appeals. Concurred in the request. File #38-70 c. DIRECTOR OF FINANCE: 1. Establishment of the percentage reduction for personal property tax relief for the 2007 tax year. Adopted Resolution No. 37726-040207. (7-0) File #79 2. Financial report for the month of February 2007. Received and filed. File #10 7. REPORTS OF COMMITTEES: NONE. 8. UNFINISHED BUSINESS: NONE. 9. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 10. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and lor comments by the Mayor and Members of City Council. Council Member Fitzpatrick expressed appreciation to City staff for an incredible dedication of the David and Susan Goode Railwalk which was held on Friday, March 30, 2007. He noted that David Goode knew of nothing in the world like the City's Walkway that connects two museums and that the participatory exhibits really did make the Walkway unique. He urged anyone who has not seen it to walk the Railwalk one day and experience it firsthand. File #392 Mayor Harris recognized City staff and the community for its support of the 1 25th Anniversary Celebration at the Civic Center and the grand opening of the Civic Center Special Events Center on Saturday, March 31, 2007. File #80-1 84-1 92 9 b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. 11. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. 12. CITY MANAGER COMMENTS: CERTIFICATION OF CLOSED SESSION. (6-0, Council Member Lea left prior to the closed session.) 10 CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE. S.W.. ROOM 452 ROANOKE. VIRGINIA 24011·1594 TFI.EPIIOl'\'E: i;-IO) l;5'\-2·1". F·\\:: 15·m, ~5"LlI45 C. NELSON HARRIS Ma}"fJr April 2, 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(cJw.. ~ C. Nelson Harris Mayor CNH:snh Interim Repo/'t The Economic Development Authority of the Cily of Roanoke. Virginia To: The \-1cmb.:rs ofC()uncil of the City ofRoannkc, Virginia Name and Organization: The Economic De\"Clnplllcnt Authority of the City of Roanokc. Virginia was organized pursuant to ordinance adoptl?d by the City Council October 2 J, 1%8. It has bel?n in .:ontinuous operation and has assisted thl? City's economic developm.:nr eCforts In meeting to approve of small issue manut:1cturing and 501(c)(3) industrial devclopment revenu.: bond financings, Membership: There are seven members of the [D,-\ which ar.: appointed by Council for 3 ycar terms. As nf the daw of lìling of this report the memb~rship, olììœrs and tenns of the direcrors arc as follo\\ s: J\:ame Dennis R. Cronk Charles E. Hunter. III . A. Damon Williams Linda Davis Frith f. Gordon I [ancock S. Deborah Oyler StUat1 Revercomb Qtl!CL' Chairman Vi.:.: Chairman Se.:retary,-Treasurer Expiration of Term October 20. 201.11) October 20. 2008 October 20. 2009 October 20. 2007 October 20. 2007 October 20. 2009 October 21), 2009 Staffing:. The EDA uses thl? City of Roanoke EcÙnomic De\'elopment Division's statl and works in .:lose .:onjunction with the Director of Economic Development, The EDA meets at S:OO in the morning the secnnd Wedn.:sday of cvcry month, The mecting dales for the J'<:lIlainder of this fiscal year are April 11. 2007. \[ay 9.2007 and June 13,2007. The meetings are held at 8:00 a.m. at the City of Roanoke. Division of Economic De\"e1o)JlllL'nl. III franklin Plaza. Roanoke. Virginia. Since the fiscal year ended June 30. 2006 (s.:e ry 2006 Annual R.:port attached). th.: EDA held 6 meetings; its <l\'crage atlendanec )\'as 5, the attendance of the \ ariolls members was as t'ollo\\'s: Page 2 Directors' 8jl)j(6 ¡Oil l/OÚ' 11/8/0e, 19/07 2!1-1-/071 .1;14j(7 Dcnnis R. Cronk l'rö.:nt Present Absent Present Present I Present 'hJ-i~d~1 Davis Frili1IAhsent I _ Prese¡;t! Absel1.t_,_Present, p~~~~m¡~¡;~e-sent F. Gordon 11 ancock , Present I Prescnt I Present I Present _ prc;;;;;ur-' Presem 'Charles E: HU;lier.l.!!.lii_~se_nt ,- Pres~n!, -~reseni' i;~~senti Prë~~mr-i:'r~sen~ : s,._ Deb.orah O~ leI' Pre~tô~Present h_ ~I~<:sen t h:\~.?en t i Absen~ 1 Abscnt f- Stuart Revercomb ! AbS~l1l1 Pr~sent' Pr~sent Prcsent! Present i Abscm [\. Dan;on Wi II iari;sAb;:nt-P_~es~ntlT.resent Present i Presein:r-P~~;;_ënt ¡ Activities year to date: This year the EDA: . Approved the funding of eight façade grants totaling over $132,000 as follows: Louis and Jessica Tudor for the building located at 23 Church A venuc, S, \\" in the amount of 59.900; The Roanoke Regional Chambcr of Comrneree for the building located at 210/212 S. .IefYcrson Strect in the amount 0 f 5 1-1-.56 1 : Williams Supply, lne, for the building located at 210 7lh Street in the amount of 525,000: Gayle B. and Hunt",r C. \-Icrrill for th", building located at 131 Kirk A venuc in the amount of 513.-1-.11.31; ;'v[ountain First LLC for the building located at 3Ú5 Salcm A.\'enuc in the amount of510.787: Southeast Rural Community Assistance Project, Tne, for the building located at 347 Campbcll Avenue, S,W. in the amount of515.000: J\11' Holding Company, LLC for rhe ]JLtilding located at -1-18 I" Stred SW in thc amount of 5 16,333; Shakie :'\-lacher for the building located at 60 I Salem Avcnuc in the amount of S7JJOO: . Approved the funding of tìve façade grants pending reccipt of additional funding totaling over 583.000 as follows: Richard and Erin Mardian for the building located at 1115 Piedmont Street, SE in the amount of 516. 71l: Reid C. Henion for the building located at 21-1-0 Shenandoah Avenue. '\,W, in the amount of '511,71;8; Black Dog Properties. LIT for the building located at 914 B:i1 Street in the amollnt of58.5.14: Page 3 11, Lawrence Davidson for the.building located at,41 0 Jefferson-Street" S,E. in the amount of S] 'l.-!-/O; and Casey & Kelsey Properties, LLC for the building located at 117 Campbell Avenue, S.E, in the amount ofS15,8')8, · Approved an extension to the Performance Agl'ccmcnt bet\\"Ccn the City and lMD In\'Cstments on the rvy \'larket Development. · Receil"Cd a presentation entitled "Economic [kvelopment and the Role of Economic Development Authurities" li'olll Sandra Jünes ~[cNinch. Esq. of Troutman Sanders, LLP. Richmond. Virginia · Assistcd the Virginia Lutheran Homes in iìnancing and refunding certain bonds in the amoullt of S I S.OOO,()OO, · Assisted the City of Roanoke in supporting the application for a Brown tìelds Grant. · Approved an extension to the Performance Agreel11<~nt between the City and Faison-Southern Lane. LLC fl)[' (he" Homc Dcpot Project. · Changed its name li'om the "lndu~trial Development Authority" to tbe "Economic Development Authc)rity" to more accurately rd1ect its goal of more actively identifying and contributing to the overall economic development effort in the City of Roanoke, · Received regular briefings on economic activities from the Economic Development Di\'ision of the City 01" Roanoke, The IDA looks ton\'ard to continuing its close pal1nership in economIc dewlopment with the City of Roanoke and stands ready to work as a fill! economIc development partner with other members oflhe City's team, Rcspectfully submitted. Date: Dennis R. Cronk. Chairman ÀnlllH11 Report Thc Industrial Dcvclopmcnt Authol'ity of thc City of ROlllloke, Virginia To: Th~ Memb~rs of Council ot'the City of Roanoke Namc and Organization: Th~ Industrial Development Authority or the City of Roanoke, Virginia was organized pursuant to ordinance adopted by the City Council October 21, 1968. It has been in continuous operation and has assisted the City's economic d~\elopll1cnt efforts in meeting to approve small issue and 51)1(~)(3) industri~t! de\'e!opment rel'enue bond financings. \Icmbership: Ther~ arc se\~n members ot' the IDA appoint<:d by COLll1cil for 3 year terms. A, of the dale of lìling ot' this report the mL'll1bership, ollicers and terms of tho directors ar<: as follows: '-Jame Dennis R, Cronk Charles E. Hunter. III A, Damon \Villiams Linda Davis Frith F, Gordon Hancock S. Deborah Oyler Stuart Re\"L'reoll1b Office Chairman Vice Chairman T reilsurer Expiration of Term October 20. 2006 Oerober 20, 2008 Octob~r 20, 2006 October 20, 2007 October 20, 2007 October 20, 2009 October 20, 2009 Slaffing:. The IDA uses the City of Roanoke Economic Dc\'elopll1cnt Division's slalTan works in close conjunction with the Director of Planning Building an,i Economic Development, The IDA meets the second Wedncsday of every month, The meeting dates for this fiscal year arc July 12. 200(" August 9, 2006. Septcmber 13, 2006, October 1 L 2006, Novcmber 8, 200(;, December 13,2006. January 10. 2007. Fcbmary l-l, :2007. Mareh 1-1-,2007, April 11,2007 and ~,lay 'i. 2007, The meetings are held at 8:00 a.m. at the City of Roanoke, Division of Economic Devclopment, III Franklin Plaza, Roanoke. Virginia. During fiscal year ended June 30, 2(1)6, the IDA held lO meetings; its average attendance \\'as 5, with the attendance of the \'arious 1l1~ll1bers is as follows: Page 2 ATTEND¡\:\CE ROSTER Industrial De\"dopment Authority Directurs \ 7/1.3:'0:': S. jfH).5: 9.1.k05! q:2I/O) 1(l/S,05 11/161051 12:'S.'051__:'~~:·O.~~_. 4/."'-:06 (l:'l-k"O(i' f.)~nnis R. Cronk P:-öèn; Prt'st'nt Pr~f-i~nr! Pn::i~nl ¡ l'r6t?l1t i P;'l':;l'nt. Prl'sl'ni PrC.'sl'nt Prt:'s~Ill' Pr~s~nt; Linda DaVIs Frith ; .;·~è-;e~H i :\~lS:?nt I "'\~~~~li ¡ ...~l~5~llt I Pr~SL'11t __ P-I~~';~_~li:'-P~~s~'nl:' i)l:e·~~~~I."}lresènt Present I F_ Gordon Hanl:oi..:k Pre..,t'nt I Pr.:...;...:nt I Prl.:::;::nlll'r::st?rH I Prl'f-iL'llt Pr~5ènt PröèrH I Prè5ent Pre5~1I! .-\hscnt Charh.;~~11~·lli;-~-,-i[ I Presell~_. ~~_!:::_~\.'t~l ..ti~Tsc~~tï Pr.:'sc_I~El-\bg~l;t-~· P:-ÖCl1t: PreSènt I .'\b.~ent! Present .~: :.\hs~~~.t S. Deborah Oyler 1 .-\bselll PrèS::'I:t ..\;)Sl'nt PreSl'nt I Abst:'lll, Present Prc:;cllt ~ Prc:::enr. AhSi..'l1t ¡ Pre:::it:'l1t I :;;tualt Ren:r(ornb ----;. i)~'-\;')e]I[. :\~l:;I..'(}[ Pl\:'~~-;~{"-l~~~~$;i/I Pres.:'/lt i PrL':;l~~-r' -:·\i~<;-i.~li·- fï;::"Si.'l1I i Pr~~;l~i· i)~~s'~lll ~\. Ihrnon \VII!I~I.1~~.J~~~~~-·:\b·3~1l1 : r~rL'f-iI..'~~~_ _~r~~clU i -i~e5::llt L__~~~_~~'_r:t ~ _~:l'~~~_~:_.~~~=~el1~L_~n::;~~lt.~ 'Pr~;~~;il Activities in Fiscal Year 2005/2006: This year thc IDA: . Approved the funding of ten façade gran Is totaling o\er S2S7.000 as follo\\"s: Roanoke Redc\elopment & I-lousing Authority for the building located at 109 1" Street in the amoulll of $25.0(1); Mussel\\"hite Holdings LLC for the building located at 30 I lerferson Street in the amount 01'524.-+53; Lofts on Church LLC for the building located at 15-17 Chureh Avcnue in the amount of $25.000; Rae Haas for the building located at 2718 Williamson Road in the atlloum 01' 58,500; Warehouse 315 LLC for the building located at 315 Albemarle Awnlle. S, E. in the amount ("If 525J>00; 102 W. Campbell. LLC I'm' ilie building located at 102 W, Campbell ill the amount 0/'525.000: Mountain RooJing. lnc, for the building located at 50 I Shenandoah A venue in the amount of51.735; Paradox Restaurant Cor the building at 202 \1[arket Square in the amount of $25,000; Effie \1[oore for the building located at 240[ Plamation Road in the amount of 53,804; 102 \V, Campbell. LLC for the buildil1~ loc:ltcd aI I I) West Campbell A vcnue in the an,ount of 525/100; , Aaron's lax-Orlando, ITC for the building located at 3308 Williatmon Road in the amount ofSI2.-I-46,67; and. Page 3 \ktropolitan. F~ruperties -1.. LC ' fOI",·the, building,·loeatcd-at--2! 0-214-\larket Stred in the amount of S25.000: and. Factory 324, 1..1..C for the building located at 324 Salem Avenue in the amount of S25.000: and. Beulah In\'Cstments LLC fLlr the building loc¡ned at 310 Second Street in the alnount of $ 13.186: and. Wetz Big Lick. LLC for the building at 110 Campbell i\\-enuc in the amount of523,310, · Appro\'Cd the Performance Agreement be-tween the City and Valley View IVla11. LLC · Approved the Performance Agreement between the City and Cniled HealthCare SelTices. Inc. · Approved the Performance A),'Teelllent between the City and Faison- Southem Lane. LLC · Assisted the Carilion Health System Obligated Group in fin:lI1cing and refunding cc-rtain bonds in the amount of S30S,-I-65.000. · l'ndertook to revise its fee structure in order to pro\'idc the AUlhLlrity with the funds necessarv to take a siL'llificantlv more aetivc role in identi fvinl! . ....". " "- and contributing to the overall economic development effort in the City oC Roanoke, · Received regular bridìngs on economic acti\'ities from the Economic Development Department of the City of Roanoke. The IDA lookS lon\'ard to continuing its close partnership in economic development \\'ith the City oC Roanoke and stands ready to wurk as a full economic development p:uiner wilh other members of the City's team Respcctfully submitted. Date: Dennis R. Cronk, Chainnan ~ I IN THE COUNCIL OF TI-IE CITY OF ROANOKE, VIRGINIA The 2nd day of April, 2007. No. 37718-040207. 1\ RESOLUTION paying trihute to William Fleming High School's Boys Varsity ßaskctball Tcam for winning the 2007 Virginia High School League Group AA Boys Baskethall State Championship. WHEREAS, the William fleming baskctball team began the 2006-2007 scason losing four out of five of its games: WHEREAS, this young team. comprised of four scniors, five juniors and six sophomores. showed great determination by mounting a fifteen-game winning strcak to redeem the season: WHEREAS, Fleming's tcam won thc Holiday Hoopla Tournamcnt, the Blue Ridge District scason title, and the Bluc Ridge District Tournament title, and was the VHSL Region III tournament final runner-up: WHEREAS, thc Colonels marched through the VHSL state tournament with a 59-42 win ovcr Hcnry County's Magna Vista High School in the quarterfinal gamc, and a 57-48 semifinal win against Wayneshoro High School before facing Brunswick High School in the finals: and WHEREAS, Fleming's team (24-6). which had not won a state basketball championship since 1955, defcated the Brunswick Bulldogs 66-57 in the titlc game at Virginia Commonwealth Univcrsity's Sicgel Center in Richmond on Saturday. March 10,2007. THEREFORE. BE IT RESOLVED by the Council of the Cily of Roanoke that: I, Council adopts this resolution as a means of recognizing and commending the William Fleming High School Colonels and their coaches for winning thc 2007 VHSL Group AA Boys Basketball State Championship, 2, Thc City Clerk is dirceted to forward an aitested copy of this resolution ll> the Colonel's coaches, Mickey Hardy and Marshall Ashford, ATTEST: . .0.,., City Clerk Offïce of the Mayor CITY OF ;~~~~\ \>~Fii:; ROANOKE WHEREAS. emerg~ncies can occur at an.v lime, and rhe prompt resplmse (~r police oj.fkcrs. jìrejìglztf:rs and parllmedics is critical to the protection (lflijè ùnd the preservatioll £{ prupert)', and WllEREAS. the safety of police officers and Jì7l.!.fÌ?,htel's is depcmJent upon the quality and l1ccurm.}' of ÙifÒrmatiull obtained Ji'om citi:;ens who telephone The City o.lRot1noke 1:.'-9/1 Center: and WHEREAS, puhlic safe(v lell!COmmWliÙllOrs are the .first and the most critical cont(lCt that citizens Jun'e with emergency services. and they provide [he single vita/link fol' police officer.", und jire.fighters by monitoring actil'Uie!\ /1.1/ radio. providing Ù?!Òrmation and ensuring safety; and J,THEREAS, public safety telecommunicators (4 the City of Roanoke F-911 Center have contributed substantially to the apprehension of criminals, suppression ,{fires and treatment olpmiems. and each public s(~fety tdecommun;cator has exhibited compassion, undershmding and pn~res~Úonalism during the peljj)rmarlCe of their dwie.\'. NOW. TllERF.FORE. I. C. Nelson Harris. Ala)'or oj ¡he Cily of Roanoke, Virginia, in honor of the men and women whose diligena and pf(~"'essionalism kel!p the (ïW and its dli::ens safe. do hereby proclaim the wet.'k a.fAprilS - 14, 1007, throughout this great AII-Amaiea Ci1).', as NA TIONAJ. PU ß/.1C SAFETY TEU;COMMUNIC4TOR 'S WEEK. (jiv~n under our hands and flu: Seal of the Cif).' of Roanoke th¡.~· s(:cond day of April in tht! year two thousand and seven. ArnSt: C. Nelson Harris A/L/.vflr ~~"t26W Cify Clerk CITY OF ROANOKE OFFICE OF THE CITY MANAGER ,'-Jpcl C. Taylor Municipal Building 215 Church A\'~nllt', S.\V., Room 36-1- Roanoke, Virginia 2·W11-1591 T~']vl'Ì1O'lt': \:.'i.\l1) ~5:\ 2:H:~ F,l\" (5-ttl¡ _":'.:;."'\-1 I:~S C"ll\" \V~'b ww\\" r,I,lIl\,kl'\",¡ ~ll\' April 2, 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 for Public Hearing to Consider Adjustments for certain Social Services Programs Background: Pursuant to Section 15.2-2507, Code of Virginia (1950), as amended, a locality may amend its budget to adjust the aggregate amount to be appropriated during the current fiscal year as shown in the current adopted budget, however, any such amendment which exceeds one percent of the total expenditures shown in the adopted budget or the sum of $500,000, whichever is less, must be accomplished by publishing a notice of a meeting and a public hearing. The appropriation of an additional $3,878,000 for Social Services/Human Service programs related to General Relief, Fraud Free, Foster Care, Special Needs Adoption, Purchased Services and Comprehensive Services Act, requires a public hearing. Recommended Action: Authorize the City Clerk to schedule and adve~tise a public hearing on the aforementioned adjustment to the annual budget for April 16, 2007, at 7:00 p.m. Honorable Mayor and Members of City Council April 2. 2007 Page 2 Respectfully submitted, Darlene L. B rcham City Manager DLB:prw 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 Conlin, Director of Human Services CM07-00038 CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHl;RCII A VE'JUE, S,W,. ROOM ,152 RUANOKE. VIRGINIA 24011-159·' TELEPIIO\!E (540) 853-2.\.1.1 FAX· (~-WI853-j 14~ c:. 1'IEI.SOI\ HARRIS Mayor April 3, 2007 File #110-230 Ms. Susannah Koerber Curator, Art Museum of Virginia One Market Square, S. E. Roanoke, Virginia 24011 Dear Ms. Koerber: A communication from Wynona L. McWhite, Chair, Roanoke Arts Commission, advising of your resignation as a member of the Roanoke Arts Commission, was before the Council of the City of Roanoke at a regular meeting held on Monday, April 2, 2007. On motion, duly seconded and unanimously adopted, your resignation was accepted. 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 Roanoke Arts Commission from November 6, 2000 to April 2, 2007. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your years of service. Sincerely, C. elson Harris Mayor Enclosure Ms. Susannah Koerber April 3, 2007 Page 2 pc: Wyona M. Lynch-McWhite, Chair, Roanoke Arts Commission, 2012 Berkley Avenue, S. W., Roanoke, Virginia 24015 Wanda McGill, Secretary, Roanoke Arts Commission Sheila N. Hartman, Deputy City Clerk >- ...J Z ...J ::> k 0 ~ ::r: ,~ ...... '~ r-< t: ~ . ¿ ::í ~ .- « ¡:..; E:2<3 0 ~ '" ...... 0 t.Ll[.ù UJ :J.:l~ U N f::: .....v S:¿;,¿ ! 7: . g¿ ~ Z < :< ,.;.- go >0 , :::!:: 0 W ...J c:::z §U CQ ¡¡¡rIlO L.;.; 0.. :r:rIlO ~ rIl« I- 0.. f-< ~ ¡...._N S:¿~ '" :::; -.- ~ Cl ¡.¡ ~¿\Oo « [.,¡J ~ o ~o ...J¡'¡' µ... , ~O¡¡¡N ¡:ll0 l'""" ::>>- 0 Z ¡¡¡UCON ::c corll:::;...J ¡,¡. c...¡.... ¡,.lJ [.,¡J ~ ¿~¡¡¡ë2 0 Òü C/J t-- [.,¡J Z ¡¡¡«>¡::,. >- ~¡¡¡ Z :::;LLl~« « CI:r: ~ 0::: ~ CI ~¡.... " <;,¿:::;O U .... C/J rIlO ¡.... ¡....O ...... ;:J «Z~ CI rIl¡"" µ... C/J «¡,¡. ~ ¡""CI """"' 0 M ::>¡¡¡ r-< ¡:t; 00: ~ rIl ¡,¡.¡IJ - ~ê µ..¡ ::r: U ¡.... g~ Z 0 ¡.... - Z " 0 U Ö ~ UJ > ~ 0 ;:c: C/ ¡;: < CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH A VF'iUE. S, W.. RUO\-I,152 RO,\1\OKE, VIRC;I"I.-\ 24011-1594 TELEI'IIUì\E. (540) R:'3·2··l·l FAX: (:;40)853-] 145 C. l':ELSON HARRIS Mayor April 3, 2007 File #110-230 Cathy C. Greenburg, Executive Director Virginia Polytechnic Institute and State University Center for Regional Strategies 319 Burruss Hall (0183) Blacksburg, Virginia 24061 Dear Ms. Greenburg: A communication from Wynona L. McWhite, Chair, Roanoke Arts Commission, advising of your resignation as a member of the Roanoke Arts Commission, was before the Council of the City of Roanoke at a regular meeting held on Monday, April 2, 2007. On motion, duly seconded and unanimously adopted, your resignation was accepted. 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 Roanoke Arts Commission from February 22, 2005 to April 2, 2007. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your years of service. Sincerely, .-J C. Ne son Harris Mayor Enclosure Ms. Cathy C. Greenburg April 3, 2007 Page 2 pc: Wyona M. Lynch-McWhite, Chair, Roanoke Arts Commission, 2012 Berkley Avenue, S. W., Roanoke, Virginia 24015 Wanda McGill, Secretary, Roanoke Arts Commission Sheila N. Hartman, Deputy City Clerk >-< ...J , 5 ¡¡.. J:: .. f- - èn - <U <t: t Z ['-- ¡¡.. 0 ¡.L¡.L <= 0 0 <"'I U:¿ -0 ....... >z E-< -< Z ...J ¡;j<t: C,j 0", ~ tZlo ....... -0 u~ U ¡:¡::: ¡.LtZlo <t: -¡¡.. u.l ;;;¡ """f:!3N ...Jo 0 - ~ "['-- ~ = f- NO §3>-< ¡- 2: ¡¡"~NO ¡:::L, 0->-< <"'I ¡:!.,f- Ci ~ o ~ . ¡¡.. 00 ¡:::L, ~U N -< u.¡ ~ ¡.LtZl<t::::l 0 ~¡.:.¡ ¡- C,j O::¡f-:J~ >-< OJ:: µ.. Z ~~cr:¡:!., <t: Zf- 0 u.¡ U ¡.L O::¡<t: 0 <t:0 C/J ~¡.LæO f-f- u.l ~' S <t:::¿~f- 0 ~O I 'Jl E-< CIlOO ~ :Jru -< c... E- <t:Zcr: M 0¡;j ~ <t:¡¡.. Ôê ~ u u 0 CIl cr: - - J:: Z¡.:.¡ <C ¡,¡,., .,.cr: f- Ocr: -0 - Z - Z>- ~ f- .0 < 0 - Z ~::E ¡,r,¡ 0 Ö .,;: 0 Z U <U U > ~ ¡.L :;¡ cr: Z 0.. -< 0.. CJ - -< RECEIVED MAR 22 2007 MAYORS OFFICE Roanoke Arts Commission \lareh 13, 2007 The Honorable Nelson Harris tvlaynr, City or Roanoke 215 Church Avenue Roantlke VA 2-1-011 Dear 'vlayor Harris: I wanted to inform you and City Council that Susannah Koerbcr, lì)'Jner eurat"r of thc Arts MUSeUlllOr Western Virginia mo\'ed out of state last week and therelÙrc will no longer be able to serve nn thc RO:II111ke Arts C:llllllnission. She was a valuable melìlbcr for many years and bel' expertise and enthusiaslTl will be greatly missed. The Arb COllllllissillll would like to ,'lIwanlnames or candidates and!l)r types of expertise nCL'(led to lill her slot. We also ha\'e been told by Calhy Grccllberg that shc plans to resign due to the tilet that she Ill)\\ \Vllrks out of Richmond and eaonot attend ITlcctings. I willlimncl thosc suggestil)Jls to you I,)' the eonsideration of City COllneil. Thanks f,'r all that you and other members ol"Couneil do to sllpport the arts and specilieally the work of the Roanoke Arts l'ommissi(ln. Sincerely, Úl¿jJ11ÞwiÁi-e Wyona I.vnch tvleWhite ChÙir. R(;~ii1oke Arts Commission : 'i. , C' . " .··.1 March 27. 2007 The Honorable C. Nelson lIarris City of Roanoke 215 Church Avenue, S. W.. Room-l-52 Roanoke. Virginia 2-1-011-l59-1- RE: Resignation of Tmstcc Appointment Dear Mayor Harris: After a great deal of thought and consideration. I have decided 10 resign my appointment as Trustee of the Roanoke City Public Schools effective June 30. 2007. Inasmuch as City Council is currently accepting applicatiollS for two open scats on our Board. and inasmuch as 1 understand that my friend and colleague, Courtney Penn. is applying ror re-appointment. I believe this to be a good time for our Board's continuity for me to make Ihis move. As Your Honor is aware. 1 have a solo law practice and I am the parent of a rising 9th grader who will attend the new and rully open Patrick Henry High Schoolncxt year, and my conl1uitments to my law practice and to my ramily require that r spend more of my time in these necessary pursuits than I am being able to give with my work load on the School Board. I have served now for almost lìve years as a Trustee of our school district and I am very proud or the work our Board has done and of the quality or public education we have in Roanoke City. We are in the final stages of completion of the new Patrick Henry High School and are on track and \vith a good budget for breaking ground on and timely completing the new William Fleming High School as scheduled, RCPS continues to make progress in student achievement and we as a board have become highly functional as a working group of folks with the common goal of becoming the finest performing school district in the country. I am extremely grateful to City Council for having the contïdence in me to appoint me to two terms of service in this capacity. I remain an advocate for our school district and 1 bope Roanoke City will remember me in the future should I he able to be of assistance in a different capacity. Very truly yours. S/William II. Lindsey William H. Lindsey WHUmhd cc: David Carson. Chair (bye-mail) Members of City Council (bye-mail) Trustees of Roanoke City Public Schools (bye-mail) Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Sheila N. Hartman, 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 perform all the duties incumbent upon me as the Deputy City Clerk for the City of Roanoke, Virginia, according to the best of my ability, effective March 19, 2007 (So help me God). ~ Ì1ì.I"~ -- Subscribed and sworn to before me this -1!L day of /J1ÇJN'¿ 2007. BRENDA L. HAMILTON, CLERK OF THE CIRCUIT COURT BY IA~~c ~ ( bé p// Tf' CLERK <fir~~ '*' -¡'. -~ '~'¡f;'\ CITY OF ROANOKE OFFICE 01<' THE CITY CLERK 215 Church ,heßllc. S. W.. Room 456 Roanokc, Virginia 24011-1536 Telephone: (540) 853-254J Fax: (5..0) 853-1 145 F.-lImil: dc'"k@ roallokl·\·ll.~O\· SHEILA :'oj, HARTMA:'oj Deputy Cit}" Clerk STEPHANIE M, MOON, Ole CitJ <..:1crk April 3, 2007 File #1 5-67-110 Donald R. Witt, Chair Roanoke Valley Greenway Commission 3332 Kenwick Trail, S. W. Roanoke, Virginia 24018 Dear Mr. Witt: This is to advise you that Charles R. Shaver has qualified as a member of the Roanoke Valley Greenway Commission, to fill the unexpired term of Talfourd H. Kemper, Jr., ending June 30, 2007. Sincerely, !stt1~ ðY1. ~ Stephanie M. Moon, CMC City Clerk SMM:ew pc: Elizabeth Belcher, Greenway Coordinator, Roanoke Valley Greenway Commission, P. O. Box 29800, Roanoke, Virginia 24018 Sheila N. Hartman, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Charles R. Shaver, 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 perform all the duties incumbent upon me as a member of the Roanoke Valley Greenway Commission, to fill the unexpired term of Talfourd H. Kemper,Jr., ending June 30,2007, according to the best of my ability (So help me God). Subscribed and sworn to before me thiS~ day of ~ t-1 2007. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT BY~G~ , CLERK 1<; '\(1;1111 .md lL'.n illt: 't'n I<C\Rll,lIlllkc \":llk'.\ t~lt'L'll~;¡~' ù'lllmi.,-siI1n\<..'h;¡rlL'., \\" Shint" "¡llll (, (l7.d\l\" ,p~ ~..~.'(--:A~.~ , ~ , "'- "7,'.. "0 CITY OF ROANOKE OI<'FICE OF THE CITY CLERK 215 Church .-\\"Cnuc, S. W., Room.t56 Rmllloke. Virgin;.. 2.tOII-1536 Telephone: 15-10) HS.'·lS-I. Fax: (5-101853-11-15 E-mõlil: dt·rk@.rn:.mokc\3.J!,O\· SHEII.A N'. lIART!\IAI'\ nt~pll(Y t:il}' L'lt'rk STEPHAI'lE M. MOO~. eMf: City Cllerk April 3, 2007 File #1 5-70-110 John H. Johnson, Jr., Chair Board of Fire Appeals 1710 Barnett Road, N. W. Roanoke, Virginia 24017 Dear Mr. Johnson: This is to advise you that John H. Johnson, Jr., for a term ending June 30, 2008, Richard B. Sarver to fill the unexpired term of Bobby Lavender ending June 30, 2008, and John C. Moody, Jr., for a term ending June 30, 2010, have qualified as members of the Board of Fire Appeals. Sincerely, , m.'10cM.) Stephanie M. Moon, CMC City Clerk SMM:ew pc: Elizabeth K. Dillon, Attorney, Guynn, Memmer & Dillon, PC, P. O. Box 20788, Roanoke, Virginia 24018 Steven J. Talevi, Assistant City Attorney Daniel J. Rakes, Fire Marshal Sheila N. Hartman, Secretary, Board of Fire Appeals Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke. to-wit: I, John H. Johnson, Jr., 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 perform all the duties incumbent upon me as a member of the Board of Fire Appeals, for a term ending June 30. 2008, according to the best of my ability (So help me God). 1Ic;fÝ Subscribed and sworn to before me this ')2 ~~y of fj.,(+fcl- 2007. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT BY A4(]¿0 , CLERK K :\l.)1131i filoaljl m.~\.Inllll:-."n \ lath.Jlll' Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Richard B. Sarver, 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 perform all the duties incumbent upon me as a member of the Board of Fire Appeals, to fill the unexpired term of Bobby Lavender, ending June 30, 2008., according to the best of my ability (So help me God). ;PJ#ß.c~ . Subscribed and sworn to before me this.ÆK day of '717t'1rCh007. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT zI~~1ß- 'þepuT'I, CLERK K:\Qualilìl:atillTls\Sõ.uvcr o.lIh.d('I(' Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, John C. Moody, Jr., 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 perform all the duties incumbent upon me as a member of the Board of Fire Appeals, for a term ending June 30, 2010, according to the best of my ability (So help me God). -_.,,_..,.._- )~ ê: ~ 7 .... , Subscribed and sworn to before me this E:2 day of ~·2007. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT BY~~ , CLERK K :\<)ua]jliLalinn,,\Moody o;l\h Jlll.' Ii ;~:~ - ~ . :aii-:= -. ... '~- .;' ~~ CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church .-\ venue, S. W.. Room 456 Roauoke, Virginia 24011-1536 Telrphune: (5~OJ 853-2541 .....x: (540) 85J-ll.sS E-mail: c1crk@roanoke\':I.g:O\" SHEILA!\. HA~TMA:vi Ih'puly City Clerk STEPHAI'll-: M. MOO:;. ole Cily Clerk April 3, 2007 File #15-110-178 Angie S. Williamson, Secretary Fair Housing Board Roanoke, Virginia Dear Ms. Williamson: This is to advise you that Anthony M. Reed has qualified as a member of the Fair Housing Board, for a term ending March 31, 2010. Sincerely, lJ:+R~rn.~ Stephanie M. Moon, CMC City Clerk SMM:ew pc: Sheila N. Hartman, Deputy City Clerk Anthony M Reed 20lOqual.doc Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Anthony M. Reed, 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 perform all the duties incumbent upon me as a member of the Fair Housing Board for a term ending March 31, 2010, according to the best of my ability (So help me God). ~µAlOh4 \M ~, Subscribed and sworn to before me this it day of 11J!l/2£i 2007. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT BY qf~ JJ)Y!dt¡)~ L)1~LERK 1\.:\1'.1111 aTlJ ll-a\'ill~ ~l·\·h.:t:\F:lIr Iklming B(,ard\:\nlhllIlY \1 RlTd 3 nx {Iath.dl....· ~@J¡¡rg¡1lo- ' .~ ;~.. ,.::X:~ , -... '-~' ,.,. .."""'1.,....~ ~'-'~~. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church AHulIe. S. W., Room 456 Roanoke, Virginia 24011-1536 T('lephone: 1~"tIl853-2541 Fax: (5"0) 853-1145 E-mail: c1e'"k€-rollnokcnl.~o\· SIIEILA N, HARHtAr.; Deputy City Clerk STEPU,\"'Œ M. 'lOON. CMC Cit}" Clerk April 3, 2007 File #15-110-247 Glenna Ratcliffe, Secretary Hotel Roanoke Conference Center Commission Roanoke, Virginia Dear Ms. Ratcliffe: This is to advise you thatJesse A. Hall has qualified as a Commissioner of the Hotel Roanoke Conference Center Commission, for a term commencing April 9,2007 and ending April 8, 2011. Sincerely, h41~m,~~ Stephanie M. Moon, CMC City Clerk SMM:ew pc: Sheila N. Hartman, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, JESSE A. HALL, 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 perform all the duties incumbent upon me as a Commissioner of the Hotel Roanoke Conference Center Commission, for a term commencing April 9, 2006 and ending April 8, 2011, according to the best of my ability (So help me God). [Ia~~/- 4.. t+-J/ Subscribed and sworn to before me this /¿-~ay of/-IJa4d 2007. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT BY d¿;d m nWh J'~JCLERK CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Chur~h Avenue'. S. \\'.. R{lum -1-56 RClanokc. Virginia 24fJII-1536 Tell-phon\::: (5·~n) :-;5.~-~5"¡'] r=a:c ()-Hl}8.'5.lI145 E-maIl: dcrk(~i'l"ll:lTlokl.·\ a.g.l'" SHEILA~, H.WnIAI' rkpllty ell)" Ckrk STl:.PI-I.-\.:'IE [\1 \100N, Cr-.tc Cit~ Ckrk April 3, 2007 File #51 James F. Douthat, Attorney Woods Rogers PLC P. O. Box 14125 Roanoke, Virginia 24038-4125 Dear Mr. Douthat: I am enclosing copy of Ordinance No. 37719-040207 amending §36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December S, 2005, as amended, to reflect the changes in a proffered condition as shown in the Amended Application No.1 to Amendment of Proffered Conditions filed in the Office of Planning Building and Development on March 16, 2007, so that the subject property located on Franklin Road, Southern Lane, Southern Hills Drive and Griffin Road, S. W. is zoned CG, Commercial-General District, with such proffers. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 2, 2007, and is in full force and effect upon its passage. Sincerely, ~m.~ Stephanie M. Moon, CMC City Clerk SMM:ew Enclosure James F. Douthat, Attorney April 3, 2007 Page 2 pc: Ms. Rama May Ford, 4215 Roy Drive, S. W., Roanoke, Virginia 24014 Ms. Virginia L. Cobbs, 4208 Southern Hills Drive, S. W., Roanoke, Virginia 24014 Mr. and Mrs. John Spring, 4207 Griffin Road, S. W., Roanoke, Virginia 24014 Mr. and Mrs. Henry Muse, 4049 Griffin Road, S. W., Roanoke, Virginia 24014 Mr. and Mrs. Charles Long, 4568 Longs Ridge Road, Radford, Virginia 24141 Mr. and Mrs. Gary Yamine, 4084 Franklin Road, S. W., Roanoke, Virginia 24014 Dawn Vineyard, President, Southern Hills Neighborhood' Council, 4024 Griffin Road, S. W., Roanoke, Virginia 24014 Janet Scheid, Roanoke County Planning, 5204 Bernard Drive, S. W., Roanoke, Virginia 24018 Henry Scholz, Chair, Roanoke City Planning Commission, Hall Associates, Inc., 213 Jefferson Street, S. W., Suite 1007, Roanoke, Virginia 24011 R. Brian Townsend, Agent, Roanoke City Planning Commission Darlene L. Burcham, City Manager Susan S. Lower, Director, Real Estate Valuation William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Philip C. Schirmer, City Engineer Martha P. Franklin, Secretary, City Planning Commission $'- \tl~ ~ dI.'\¡ I:\I THE C01JNCIL OF THE CITY OF ROA..'\IOKE, VIRGL'\IA, The 2nd day of April, 2007. No. ,37719-040207. AN ORDINANCE to amend §36.2-1 00, Code of the City of Roanoke (1979), as amended, and the Ollieial Zoning Map, City of Roanoke, Virginia, dated December 5,2005, as amended, by amending a condition presently binding upon the development ofFaison-Southem Lme, LLC; and dispensing with the second reading by title of this ordinance. WHEREAS, Faison-Southern Lane, LLC, has made application to the Council orthe City of Roanoke, Virginia (City Council"), to amend a condition presently binding upon a tract of land located at Franklin Road, Southern Lane, Southern Hills Drive and Griffin Road, S,W" Roanoke, Virginia. being designated as Official Tax No. 5480704. which property was rezoned C-2, Gcneral Commercial District, wiih conditions, by the adoption of Ordinance :--lo, 37159-081505. a,lopted A,ugust 15, 2005. Such property was rezoned from C-2, General Commercial District, with conditions, to CG. Commercial-General District, with conditions, as part of a comprehensivc rezoning of the City, by adoption of Ordinance No. 37268-120505, adopted December 5, 2005. WHEREAS, City Council accepted and approved certain conditions proffered hy Faison- Southern Lane, LLC, at its public meeting held on August IS, 2005, as set forth in the Third Amended Petition to Amend Proffers filed in the City Clerk's Oflice on July 29. 2005; WHEREAS, on June 15, 2006, the Home Depot - South Roanoke Comprchensive Developmcnt Plan was approved administratively hy City staff alter review for compliancc with the proffered conùitions, the zoning ordinance, and othcr applicable City codes; the landscape and grading plan clements of the approvcd comprehensive devclopment plan elearly, and to scale, . ,. ".. delineateù an "Area to Remain Undisturbed/Forested" in compliance with aprolIered condition; WHEREAS. on January 22, 2007, a request for approval ofccrtain revisions to the approved O-Horn<: DeFot - Fù.if::C:l-So-J.::hE::rn Lane, LLC - jdnt - 4-2- 07 Home Depot-South Roanoke Comprehensive Development Plan was submitted to the Deparlment of Planning Building and Economic Development; the submitted revisions included a grading plan for Trad 13, location ofa retaining wall on Tract B, cxpansion oCthe Tract B development site, and a delineation of a temporalY road through Tract B; WHEREAS, on February 21, 2007, in a mecting with planning and building stalf, the projeet's civil cngineer, and representatives of FaisLln-Southem Lane, LLC, Ihe Zoning Administrator determined that the location of the temporary road, as submitted, did not comply with the proffered condition of the "area to remain undislurbed/forested," but detennined that a location along the edge of the proffered undisturbed/forested area on the northem part of Tract B, generally running along the right-of-way of Griffin Road, would be deemed to be in substantial eonfomJity with the proffer; WHEREAS, on February 22, 2007, the Zoning Administrator determined that the encroachment into the protTcred "Area to Remain L.:ndisturbed/Forested'· by the revised expansil)n of the development site of Tract B, the construction of the retaining waIL and the proposed grading behind the wall on tract B was not in substantial confonnitywith the prolTered condition and could not he approved; the ('ivi] engineer who submitted the revisions for review was notified by letter of the Zoning Administrator's determination; \VHEREAS, on Febl1Jary 25, 2007, Faison-Southem Lane, LLC, filed an appeal of the Zoning Administrator's interpretation of the proffered condition regarding the "Area to Remain U ndisturbcdlForested"; WHEREAS, on March 5, 2007, Faison-Southern Lane, LLC, withdrew its appeal, and Council agreed to consider on April 2,2007, an application to amend the snhjcct protTer; WHEREAS, an Amended Application No, I to Amendment of Proffered Conditions, n:t1ecting the amended proffer made by Faison-Southern Lane, LLC, was filed in the Department of O-H'.:.'me ;)epot -. Fajso..-Sout.hel-n I,ane, r,:-,c - joint - 4-2-07 Planning Building and Economic Developmcnt on March 16,2007; WHEREAS, the City Planning COlllmission, after giving propC'r notice to all conccTllcd as æquired by §36.2-540, Code or the City of Roanoke (1979), as amended, and aJìer conducting a public hearing on the matter, has made its recommendation to Council; and W1ìEREAS, this Council, afier considering the aforesaid application, the rccommendation made to thc Council by the Planning Commission, the City's Comprclwnsive Plan, and [he mallcrs presented at the public heating on April 2, 2007, finds that the public necessity, convenience, gcneral welrare and good zoning praC'tice rcquire the amending of the proJTers 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 ¡he condition now binding upon a tract of land located at Franklin Road, Southern Lane, Southern Hills Drive and Griffin Road, S.W" Roanoke, Virginia, being designated as Official Tax No. 5480704, which property was prcviously rezoned Commercial -- Gencral District, with profrered conditions as set forth in the Amendcd Application No. 1 to Amendment of Proffered Conditions filed in the Dtpartmcnt of Planning Building and Economic Development on March 16, 2007, should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: I, Scction 36.2-1 00, Code of the City ofRoanokc (1979), as amcnded, and thc Official Zoning ~ap, City of Roanoke, Virginia, dated December 5,2005, as amended, be amended to rdleët the changes in a proffered condition as shown in the Amendcd Application No, I to Amendment of Proffered Conditions filcd in thc Office of Planning Building and Development on March 16,2007, so that the subject property is zoned CG, Commercial-General District, with such proffcrs. 2, Pursuant to the provisions of Section 12 ofthe City Charter, the second readingoi'this ordinance by title is hereby dispensed with. (.l-I~ül:le Depot -- Fai£lon-sot:Ll~e=n Lane, LLC - joint - ';'·2-07 C-H-:>me Depot - lõ'aison-·Soutnern Lane, :'LC .:o-2-C7 ATTEST: ~m.~~ Stephanie M. Mooll, CMC City Clerk. · ....... !~:<:';'~ ';;~: !:s~~;\ ""'1-:"'1'\1,:,··,) \"'.J.-'.if!P.f.1 0001' ..¡ .~¡fI.-~ '~7~~": t'......:~. - '.-~. .trf{ ':'l~~~ ¡ ...'-!(~/ e......~~ ':".~'." .~; , .....1,,,. " ..;~ ,/ -~. CITY OF ROA"iOKE PLANNING BlflLDl:'IIG & ECO\"OI\HC D[VELOPME:'II'T 21; Chllrch .-\\'ell"'<, S.W.. Room 166 Roanokl'. \ïrginia 24011 Tclclho",<: (;~Ol H;3-1730 F:,,: (;~O) H;3-IBO E-mail: planning'a rtHlnOkenl.go\" \r~hih"'I\Jnll !t\', it,,,, n'J:lrd H"¡lnl "fl.llnin: \llpt:;II~ ',lnnilll!ClIllIllIi"inll April 2, 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 Mr. Henry Scholz. Chairman and Members of the City Planning Commission Roanoke, Virginia Dear Mayor Harris, Members of City Council and Members of the Commission: Subject: Amendment of proffer presently binding upon tract of land located on Franklin Road, Southern Lane, Southern Hills Drive and Griffin Road, SW., Roanoke, Virginia, and designated as Official Tax No. 5480704, such amendment relating to an amended proffered landscaping plan. Background: On August 15, 2005, at the request of the Faison-Southern Lane, LLC and Save-X 2, LLC, City Council amended and applied seventeen (17) proffered conditions to fifteen (15) parcels in the Southern Hills Neighborhood to permit the construction of a building supplies and materials store (Home Depot) and two out parcels (Ordinance No. 37159- 081505), Condition No. 10 proffered a landscaping plan which delineated a portion of one of the two out parcels (Official Tax No. 5480704) to 'remain undisturbed/forested', The applicant, Faison-Southern Lane, LLC, wishes to amend this proffered condition to allow the clearing and grading of this parcel for the construction of a larger commercial establishment than the site will currently hold due to the proffered landscaping plan. The amended plan calls for 10,770 square feet of this parcel to be reforested with 1,070 seedlings, The portion of property outside the limits of clearing/grading will be supplemented with a mix of deciduous and evergreen, trees. All other proffers would remain the same in force and effect. ' The application was filed on March 8, 2007, with a first amended application filed on March 16,2007 to address specific staff comment. Considerations Proffered Conditions to be Amended The Applicant requests that the following proffer enacted by Ordinance No. 37159-081505 be repealed as it pertains to Official Tax No. 5480704, 10. Landscaping shall be as shown on the Concept Landscape Plan, The Home Depot. Franklin Road and Valley Avenue, City of Roanoke, Virginia, dated July 8, 2005, prepared by Mattern & Craig, a copy of which is attached hereto as Exhibit D, subject to any changes required by the City as part of Comprehensive Development Plan review, The applicant hereby requests that the following proffered condition be applied to Tract 8, Tax No, 5480704: Landscaping shall be shown on the Concept Landscape Plan of Tract 8, Tax No. 5480704, dated March 8, 2007, prepared by Mattern & Craig, a copy of which is attached hereto as Exhibit 1, subject to any changes required by the City as part of Comprehensive Development Plan review. Surroundinq Zoninq Districts and Land Uses The subject property is zoned CG, Commercial General with conditions. Surrounding land use and zoning is as follows: · CG. Commercial General District, is located to the north and east of the subject property and contains a single-family residence, a vacant lot and a retail establishment. · CG, Commercial General District with conditions, is located to the south of the subject property and consists of the remainder of the Home Depot site. · R-7, Residential Single Family District, lies to the west of the subject property across Griffin Road and consists of single family residences. Compatibility with the Citv's Zoninq Ordinance At the time of the initial proffer amendment in August of 2005, the current Zoning Ordinance had not yet been adopted. Under the previous Zoning Ordinance. the applicant would have been required to include a ten (10) foot wide landscaped buffer, six feet in height, along the northern property line abutting the single-family residence. The City's current Zoning Ordinance would not require a buffer yard on the parcel due to its proximity to public streets and other CG zoned parcels. Compatibilitv with the Comprehensive and Neiqhborhood Plans There are many benefits to leaving the eastern portion of the property in question as 'undisturbed/forested', including slope stabilization, noise level reduction and improved visual appearance. The following policies and recommendations found in the City's , Comprehensive Plan and the Southern Hills Neighborhood Plan are relevant in the consideration of this application. Vision 2001-2020 . EC P5. Trees. Roanoke will maintain and increase its tree canopy coverage as a way to improve air quality. Roanoke will work regionally to promote tree planting and tree preservation Valley-wide. Southern Hills Neighborhood Plan . Quality of Life Recommendations. o Ensure that new development preserves mature trees and incorporates new tree plantings to replace those lost during development. The Southern Hills Neighborhood Plan identifies this parcel as commercial on the future land use map. Public Comment Planning staff received three comments by phone from the public. Both were in favor of removing trees to keep the project moving forward, Recommendation: Staff finds that the application to repeal Proffered Condition NO.1 0 of Ordinance No. 37159-081505 as adopted by City Council on Tax No. 5480704 and the adoption of a new proffered condition as contained in the amended application, to be consistent with the City's Comprehensive Plan and the Southern Hills Neighborhood Plan. While existing vegetation is being removed, the amended plan calls for the reforestation of the site and additional supplemental landscaping. Staff supports the application. The Planning Commission should recommend approval to City Council. Respectfully submitted, ~~ IGkru,ðQ~ R. Brian Townsend, Agent Roanoke City Planning Commission cc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney 3 , 4110 Southern Hill Drive, S.W. U__~fficíal Tax Map No. 5480704 ^' ~ ~ ':- ~, (':. 5/,80113 oS" ~o ""0_ '" 5480703 '/":"»~<~:::.:\:~.:.:':':: <:. :": .." (c) CG Roanoke County ~> ~, A,"" J' fò APPLICATION AMENDMENT OF PROFFERED CONDITIONS Date: Narch 14. 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 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): Official Tax No(s): 41]0 Southern Hill Drive. S.W. RECEWro 5480704 MAR 1 6 2087 GllY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT Existing Zoning: CG with Conditions Ordinance Number of Conditional Rezoning: 37159-081505 Name of ApplicanUContactPerson: 'Faison~Southern Lane. LLC c/o Kent Roberts Maiiing Address: ' r;o. Box 1599. Roanoke. VA 24007 Telephone: ( 54~ 767 30] 2 Fax: ~40) 344-0687 E-mail: krobertsßcopty.net Faison-Southern ane,' LLC by Southern Lane c'roup , Applicant's signature: Property Owner's Name: Fâison-Southern Lane, LLC. ", Mailing Address:,. c/o Kent Roberts; P.O., Box ] 599 ,Roanoke; VA ' 24007 ' :,." ....'..; ..... Telephone:,e;40 )767,-3012 . ..."...... .. , . -... Properiy'<:>~ner's"~ignåtûre::' , , .. ......,.. , I...··;· . ,'.... :.". .... ..,' ,.~. . .. Fax: ::(540) 344-0687 . .E~mail: krbbert~copty. neL .' Fa,iSfÌ1~'??!{2;.~:~, by :SOU1:~et~,:La~è~G~rollP";::.:..': ,'J .' AMENDMENT OF PROFFERED CON·DITIONS Date: Mflrch] 4. 2007 To: Department of Planning Building and Economic Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, SW. Roanoke, VA 24011 Phone: (540) 853-1730 Fax: (540) 853-1230 Ordinance No. 37159-081505 (attach copies of Ordinance and existing proffered conditions proposed to be amended) Name of Applicant/Contact Person: Faison-Southern Lane. LLC By Southern Ltne Group Applicant's signature: .I ~ Property Owner's Name: Faison-Southern Lane, LLC By sout/e~roup f 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: See Attached (attach additional sheets as necessary) I. Attachment to Amended Application for AMENDMENT OF PROFFERED CONDITIONS dated March 14,2007 Applicant, Faison-Southern Lane, LLC, hereby requests that Proffer No. 10 of the Proffered Conditions enacted by Ordinance 1\'0. 37159-081505, as set forth below, be repealed as to Applicant's property designated as Tax Map 1\0. 5480704: 10. Landscaping shall be as shown on the Concept Landscape Plan, The Home Depot, Franklin Road and Valley A venue, City of Roanoke, Virginia, datcd July 8, 2005, prepared by Mattern & Craig. a copy of which is attached hereto as Exhibit D, subject to any changes required by the City as part of Comprehensive Development Plan review. Applicant, Faison-Southern Lane, LLC, hereby requests that the following proffered condition, which is voluntarily proffered, be substituted and adopted as Proffer No.1 0 in place of the Proffered Condition set forth above to apply to the Applicant's property designated as Tax Map No, 5480704. 10, Landscaping shall be as shown on the Concept Landscape Plan of Tract B. Tax No. 5480704, dated l\1areh 8, 2007, prepared by Mattern & Craig, a copy of which is attached hereto as Exhibit 1, subject to any changes required by the City as part of Comprehensive Development Plan review. , -------------{#1013561·1.,999·99,91_____ . ... .....------------ .. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA INRE: Amendment and Substitution of Proffered Condition #10 on tract of land lying and being in the City of Roanoke, Virginia brieny described as: Tax Map No. 5480704, ].7780 acres, Pine Grove 4110 Southern Hills Drive, S.W. TO THE HONORABLE MA 'YOR AND MEMBERS OF THE COUNCfL OF THE CITY OF ROANOKE: By Ordinance No. 37159-081505 dated August 15,2005, City Council amended, substituted and adopted proffered conditions on parcels ofland zoned C-2. General Commercial District, identified as Tax Map Nos. 54701 ]5,54701 ]3, 54701 14,5470112,54701 11,5470108, 5470109,5470110,5480701,5480704. 5470103,5-1-70102.5480717,5480718 and 5470104 in order that these parcels o(properly could be combined and resubdivided as the site of a retail out parcel development for a Home Depot retail facility and two other retail establishments. By "Plat of Survey for Faison-Southern Lane, LLC, Combining and Resubdividing the 14 Lots Listed in Acreage Chart, Vacating Portions of Southern Hills Drive, Southern Hills Lane, and Existing Easements as Shown in Ordinance No. 37160-081505, herein creating Tract A (10,584 acres), Tract B (Ln8 acres) and Tract C (0.555 acres) New Public. Private and Utility Easements and Dedicating 1.247 Acres to the City of Roanokc for Strect Purposes, City of Roanoke," datcd June 19,2006, by Mattern &. Craig, Inc., Consulting Engineers Surveyors of record in Map Book I, page 3012 in the Clerk's Office of the City of Roanoke, Virginia, the rcfercnced parcels were combined and resubdivided to create three separate parcels, one of which is Tax Map No. 5480704, 1.7780 acrcs, Pine Grove, which is loeatcd at 4]]0 Southcrn Hills Drivc, S.W.. in the City of Roanoke, Virginia, (the "Property"). lftIOI3412-1. (11)3230-00041-011 Applicant, Faison-Southern Lane, LLC, owns the Property and believes that thc repeal of Proffcr # lOin Ordinance No.3 7159-081505 in favor of the Proffer # lOin the Amcndment of Proffered Conditions filed hcrcin will furthcr the intent and the purpose of the City's zoning ordinancc and its Comprehensive Plan by allowing Applicant to develop part ofthc Property for commercial use, use a portion of the Property as the location of a temporary road to provide access for the residents of Roy Drive while Griffin Road is under construction and allow the Applicant to reforest a portion of the Property to provide a wooded area as a buffer for adjacent property and to provide a wooded backdrop for Applicant's development of the Property. Applicant hereby requests that Proffer #10 enacted by Ordinance No, 37159-081505 be repealed as to Tax Map No. 5480704 and requests that Proffer #10 attached to the Amendmcnt of Proffered Conditions filcd by thc Applicant be substituted, adopted and apply to thc Property owned by thc Applicant in accordance with the provisions ot"the Zoning Ordinancc of the City of Roanoke, {#1013412-1.093230-00041-01) 2 \ ;~~ \ ."_ ..,~:;"'-J--- ; I ·t·..·"'..~4 AR II i /1 ,I 3 A ~ ,./ \/ /'~'~~:~--//\ . /' /' ~0þ.f1·- .. / L' ~ ,'" -~~ '\' /,---~/' \ /-;:/ Gf'\~~/3 CC ' _/' O\,.O // ..--- ..... _/// ~/NS .-----/ ~::f....... ,..;.",." 1 ,.' .i'-."'-" '~.. (j/ 4 R'O ..' .'" .' " ,'..:..:.... ,,' , I I I I I I ~. . ~. y,'ùc"ç, ". .... t\..\,,:,\"~6: I .,w<;.1r;t.'ë,';:.lö'Þ I . "'.~~. ÿc,. \~t\~~-( ,1'1' ..t.~'l., . c,'?>' .."; I uu~· ôrA "'- ClLARING/GRÞI)NG I ......~ , :,,", ............ I <.-,' ~.............. ....... _', "'- I "', \ ", "\ \ ., \ \, \ .1'" .. " f~····' .~~. '. ." ." ....(-~~.. /':.... A'," ......... \ . t EXHIBIT 1 CONCEPT LANDSCAPE PLAN (SHEET 1 OF 2) TRACT B. TAX NO. 5480704 MARCH 8, 2007 I o SCALE IN FEET [I I 60 120 03/16/2007 9:28:08 AM R: \dwgs\235B-A \dwg \LANDSCApo.dwg, O:ClIBIT -C. PLANT LIST r- I ! -----.-- "'__00- ____.____.n I QUANTITY KEY PLANT MATERIAL , . --. ......-..- ___H___"_ ".- I 4 ;:¡r , Red Cd,. Ouercl. S r -" r. i :,'.... rLJrC, ":-,1 ',(] r1-c~--- -- - .....-.... .---, SI- ~!ma..-d Oa.-:, Quercus :õh¡:rncrd:', 2-3"eol , --."--'" , .--' . ~ - , 4 ~. r-, ~ed I\jeplc. Þ.,(H "Octcber Glo'v " ,.... -;-" Cnl, , hI"":. .' L-~; '. I , 1 OA , S,)Lrwood, C':ydendrJm cr b~H'ftLnl, i)-Ie' -- .. -.-- -- - CC Red Eiuc, Cere is C ' ,-' t J -,Gr.ace~lSIS co - C eJI-:^p ; , .. .-- , 3 A.G Servic¿,err-y, Þ..rnclar~chier cra~diflorc ~ -. cbnp , D-- " - .., --- , __._n.. 4 !'JS ~~el¡ie S:evens Holly, lie· "!~ellie R ~:~:f:ven:~ " 8'-10' full I .:<: . ; .. , -_..- I ' " , , , 'I - f F-' ìr' B:: :J¡:r'h!E'~ IT - 1 ,-. -'--':l SF PRCiVIC::: ~ '(.- !", ".~ l..",. _.1 _--' l_:, í /I.. . . . . .. ... '. ,_ï, ... .. ....... '" C[E[L1~ r'C' ,AJ ,A I':,ÚT[ C~ ,. -'Ef~' 1 0 ,-- SP/\CEU -...l J. \ \.:.J..) ,.......- , :) r- . F'PG 'ì'/ WTEL" "- [1/, - ['['·JE F;, S::EDLlI'~CS SHALL E'-- h' \l.l \~ 'v P. ~ , -- '::.. \ 11" -" 11\1 H~ I~Lll 'T 11i':1=.. P ï rîlG cE~DI :1\JGc: v I'.;. \...) : '- ~ \...~ ¡ A : iF j\\: \ ". v _J '- _.. . ....J "H'" 8E þ, 'v11/TIJF:E OF ; n¡::l CJIIJ '-HCR-'l ,- AF ., ~' ~; )'" _t, , ,.~ , "\:.... '- L '.' . . ~ . _ I , V;PGII'·IIA AI\D WHITE P':--T EXHIBIT 1 CONCEPT LANDSCAPE PLAN (SHEET 2 OF 2) TRACT B, TAX NO. 5480704 MARCH 8, 2007 R:\dwgs \2358-A \dwg \LANDSCAPC.dwg. ex' IIßIT -D (2), 03/16/2007 9: 16:09 AM AMENDMENT OF PROFFERED CONDITIONS PROJECT LOCATION / VICINITY MAP 4110 SOUTHERN HILLS DRIVE, S.W. TAX MAP NO. 5480704 / ~("',..,..'" .. .. . . . . '. . ....,,' .._,"," I ..... ..'..:......:/ ." ", ." . .... .". ." .... "..." ..' ." "." . . . . . . . , , ." ". \/'/'1 r·· '1""( II d, v......... '.' M,û'p '\ . ~ ",/" ...-....'.. ........ .....;.-... . ····;..··;~·t-·+·'· .... ," .,:' ',. :: ~~/ ~~. ::-" . ..,......-- '. "';'..'". . h' :r'. ..../ ,. :t...-.-. :..,õ. -" "I:·' ....,=.. '".,:1. ",,,. . -- - ::;(~~::.~., " :.., , ::_~, f. . ".i·1 <~..'~. .;. ''< .,J:"., .:'~'-':' '("1 ,;:~ ;Il :~.;N::;;;1..~~~~:,¡::·_", . . .", j~l . ~,:.'/...:--\ ;~~ r._ , il~););:L~: :' . . . :»/"~ ,. -".,' _, :·1 ',"." ./..... .;:~/:... .j". .~..~ '".--:-::. ....::.;, :"..,,!: -- /:' :/",":"... :; .~ ,.: ".;. .'. ~. :.!.." ,;:.' , .'.:. \". "li ..:. .. "" ": - .;.~.: i: \:, -., ..:...,.. "'_l:~ , .-:,..., .. ". "."' . .... .' ~ ': ¡. .; . ..,- .,... ./.::'. ..', .....; " , 'i: F. :., ....: . ·.,r' . I . .... ~., .J::...::;> , .-'.." ":'1 ....'-c···· .:-. .. '¡;=--'; "'):::-~~.:~~:., '.' \~·<:;\U J'.J .' .,,' . '.' ". .~~',\j': . .~I·: ·'.::::t~. ..... ,'. <::"'~-"" :;t.~:(' ..~~. ." ¡.:..' -.,-.,~:-=.....;;./' . ":..""" " ...,.' i I .¡ ,õ;. ">-' . ..../~..... ..,:.;-....... '~'.: .' .....-.. ;:".;".,::-..\, ,. " ~../ ..... J'.'_. :;....- .~.,,~: ; .. " ::;.;-<.:....:.:. ""'.' ¡-:;' ,-- ._~-. ,,~, .-_..... ;.: .'..-.-. . ---.-.. -'.-- ,. -~.~.-. : - í;-~O. '-.- ::.~ '. .<:..... J" -.,.---. .i ~. J . ! :.>.i;:~:~::.;' .' .. ,. . ¡ ;~[~;'~t'ì; ,%;Æ¡~~\ . ,.; ····:'1 .". .:. ,- :~~ ..... " , .~:. .~. .. '":.,-:.... ,-<.'.,-:.':' " ;;1'" "'.. ~. ','. ..-,':,:': :'.1 " 1 I / ~~{' , IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of August, 2005. No. 37159-081505. AN ORDINANCE to amend §§36,1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended. and Sheet Nos. 547 and 548, Sectional 1976 Zone Map, City of Roanoke, by amending certain conditions presently binding upon certain property previously conditionally zoned C-2, General Commercial District, by Ordinance No. 33759-040698. and placing such proffers on certain other property zoned C-2, General Commercial District; and dispensing with the second reading by title of this ordinance. WHEREAS, Faison-Southern Lane, LLC and Save-X 2, LLC have made application to the Council of the City of Roanoke to ¡mJend certain conditions presently binding upon Official Tax Nos. 5470115,5470113,5470114,5470112,5470111,5470108,54 70109,5470110,5480701 and 5480704, which property was previously rezoned by the adoption of Ordinance No. 33759-040698, adopted April 6, 1998; WHEREAS, Faison-Southern Lane, LLC and Save-X 2, LLC seek to have the subject property zoned C-2, Gcneral Commercial District, with proffers amended from those acccpted by City Council in Ordinance No. 33759-040698, adopted April 6, 1998; WHEREAS, Faison-Southern Lane, LLC and Save-X 2, LLC scek to have the proffered conditions which they seek to have applied to the above-referenced parcels of property apply to Official Tax 1\os. 5470104, 5470103, 5470102, 5480717 and 5480718, which are zoned C-2, General Commercial District WHEREAS, the City Planning Commission, which aftcr giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after .' t conducting a public hearing on the matter, has made its recommendation to Council; \VHEREAS, a public hearing was held by City Council on such application at its meeting on Angust 15, 2005, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all panies in interest and citizens were given an opportunity to be heàrd, both for and against the proposed amendment; and WHEREAS. this Conncil, 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 puhlic hearing, is of the opinion that thc conditions now binding upon Official Tax Nos. 5470115,5470113,5470114,5470112,5470111,5470108,54 70109,5470110,5480701 and 5480704, which property was previously rezoned C-2, General Commercial District, with proffers, by the adoption of Ordinance No.33 7 59-040698, adopted April 6, 1998, should be amended, and Official Tax Nos. 5470104, 5470103, 5470102, 5480717 and 54807]8, zoned C-2, General Commercial District, should be rezoned to C-2, General Commercial District, wilh proffers, as set forth in the Third Amended Petition to Amend Proffers filed in the City Clerk's Office on July 29, 2005. THEREFORE, BE IT ORDAINED by the Council of the City ofRoanokc that: I. Sections 36.1-3 and 36.1-4, Codc of the City of Roanoke (1979), as amended, and Sheet Nos. 547 and 548 of the Sectional 1976 Zone Map, City of Roanoke, be amended to reflect that Official Tax Nos. 5470115, 5470113, 5470114, 5470112, 5470111, 5470108, 5470109, 54701] 0,5480701,5480704.5470104,5470103,5470102.5480718 and 5480717 be rezoned C-2, General Commcrcial District, with proffers as set forth in the Third Amended Pelition to Amend Proffers filed in the City Clerk's Office on July 29,2005, and as set forth in the report of the Planning Commission dated August 15, 2005, so that the subject property is zoned C-2, General Commercial District. with such proffers. 2. Pursuant to the pro\'isions of Section 12 ofthe City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: // /h. ~ J (~Ivt City Clerk. K:iORDrNl\SCES·,O-AMF.!\llPROFFERS (FAISOl"-SOtrTHERN L\~"E) 081505 DOC " ., " .' THIRD AMENDED PETITION TO AMEND PROFFERED CONDITIONS AND PROFFER OF CONDITIONS IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA INRE: Amendment and Substitution of Proffered Conditions on eleven (11) and Proffer of, Conditions on four (4) tracts of land lying and being in the City of Roanoke, Virginia and briefly described as: Tax Map No. 5470115,1.48 acres, Pine Grove, 4156 Southcrn Lane, S.W.; Tax Map No, 5470113, 0.5 acres, Part Lot 4, Maggie Redd Property, 4148 Southern Hill Lane, S.W.; Tax Map No. 5470114,0.84 acres, Pine Grove, Griffin Road, S.W.; Tax Map No. 5470112, 1.34 acres, Pine Grove, 4325 Southern Hills Lane, S.W.; Tax Map No. 5470111,1.19 acres, Pine Grove, 4134 Southern Lane, S.W.; Tax Map No. 5470108,0.51 acres, Pine Grove, Southern Lane, S.W.; Tax Map No. 5470109, 0.71 acres, Pine Grove, 4146 Southern Hills Drive, S.W.; Tax Map No. 5470110,0.06 acres, Pine Grove, Griffin Road, S,W.; Tax Map No. 5480701, 0.18 acres, Part Parcel No.3, Pine Grove, 4118 Southern Hills Lane, S. W. and Tax Map No. 5480704, 5.3 acres, Pine Grove, 4116 Southern Hills Drive, S.W., Tax Map No. 5480718, .357 acres, Pine Grove, Franklin Road, S.W., Tax Map No. 5480717, .143 acres, Pine Grove, Franklin Road, S.W., Tax Map No. 5470103, .245 acres, Ogden, 4166 Franklin Road, S.W., Tax Map No. 5470104, .98 acres, Ogden, 4176 Franklin Rd., S.W., Tax Map No. 5470102, .4 acres, Ogden. Franklin Rd., S.W. TO THE HONORABLE MAYOR AND I\1Et\1BERS OF THE COUNCIL OF THE CITY OF ROANOKE: By Ordinance No, 33759-040698 at the request of Southern Lane Group, LLC, a Virginia limited liability company, City Council rezoned the property identified as Tax Map Nos. 5470115.5470113.5470114,5470112.547011], 547(]08, 5470]09, 5470110, 5480701 and 5480704 from R.S.-3 to C-2. General Commercial District, with proffered conditions. This property, together with Tax Map Nos. 5470103, 5470102, 5480717 and 5480718, which are also zoned C-2, General Commercial District, were to be combincd as the site for a retail out parcel development as shown on lIlap of the referenced property attached hcreto as Exhibit A. {1I0932227·', 093230·0oo41-01} Petitioner, Faison-Southern Lane, LLC, owns the above referenced property and is the contract purchaser of the propeI1y identified as Tax No. 5470104 which is zoned C-2, General Commercial District. Faison-Southern Lane, LLC requests that the proffered conditions which apply to the above-referenced parcels of propeI1y be amended and that the conditions proffered in this Petition apply to all of the propcI1y owned by or under contract to Petitioner Faison- Southern Lane, LLC. Save-X 2 LLC, the Virginia limited liability company that owns Tax Map No. 5470 104, joins with Petitioner Faison-Southern Lane, LLC in this request. Petitioner, Faison-Southern Lane, LLC believes that the repeal of proffers in Ordinance No. 33759-040698 in favor of the conditions proffered in this Petition will further the intent and the purpose of the City's zoning ordimmee and its comprehensive plan in that it would allow for a better use of the propeI1y of Petitioner, Petitioner hereby requests that the following proffers enacted by Ordinance No. 33759- 040698 be repealed: I. The property will be developed in substantial confonnity with the Development Plan prepared by Lumsden Associates, dated June 17, 1997, and revised AuguSl 7, 1997, a copy of which is attached to the Petition for Rezoning as Exhibit B, subject to any changes required by the City as part of Comprehensive Development Plan review. 2. The exterior treatment of all buildings on the property shall be architecturally finished aJld shall be consistent in the use of architectural details and materials on all sidcs of the building. 3. All lighting on the property shall consist of fixtures designed with shields that direct illumination away from the adjoining residential neighborhood along the easterly side of Griffin Road. 4. All dumpsters, loading docks aJld heating/air conditioning handling units shall be screened from view by landscaping, masonry or metal screen walls. ' {#O932227 -', 093230-00041-01} 2 5. There shall be no building wall signs facing the residentially zoned neighborhoods along the easterly side of Griffin Road. 6. Outdoor advertising, as defined in the Roanoke City Code, shall not be permitted. 7. The combined surface area of all signs on the commercial lots, including signs erected in a required yard, shall not exceed 2.5 square feet for each foot of lot frontage for the first one hundred feet oflot frontage, and an additional 1. 0 square feet for each foot oflot frontage remaining. All freestanding sign structures shall be limited to one per lot wi th a signage area no greater than 100 square feet. 8. Tract E shall not be used as a restaurant. Any restaurants located on Tracts, D, G & F shall not be Fast Food restaurants. Any restaurants constructed on Tracts D, G & F shall contain odor abatement equipment to abate the disbursement of cooking odors to the outdoors. 9. Any structure constructed on Tract E, including a motel or hotel, will be no more than three (3) stories high or a maximum of 45 fect measured from ground level 10. A sidewalk shall be included along the northern side of the relocated Southern Hills Drive, and continue along the eastern side of Southern Lane, such, sidewalk shall run the length of the relocated Southern Hills Drive on the site and that portion of Southern Lane shown on the Development Plan. II. The following C-2 uses as designated in the Code of the City of Roanoke shall not be pemlitted on Tracts D, E, F or G: 36.1-20(j(ll) Police stations. 36.l-206( 14) Military reserve and National Guard centers. 36.1-206(15) Training facilities .related to police, fire, rescue and ambulance uses. 36.1-206(19) Coliseums, stadiums, cxhibition halls, and similar facilities. 36.1-206(21) Parks and playgrounds. 36.1-206(22) Drive-in movie theaters. 36.1-206(34) Neighborhood and highway convenience stores. ('0932227.1.093230-00041-01) 3 36.1-206(35) Outdoor advertising subject to the requirements of section 36.1-440 et seq. 36.1-206(36) Gas stations. 36.1-206(39) Automobile 'cleaning facilities. 36.1-206(40) Automobile repair establishments except painting and body shops. 36.1-206(42) Public parking structures. 36.1-206(44) Bus temlinals for the loading and unloading of passengers. 36.1-206(45) Veterinary clinics with no outside corrals or pens. 36.1-206(46) Kennels with no outside pens or "nms."' 36.1-206(47) Plant nurseries and greenhouses including those with retail sales. (Ord. No. 28611, § 2, 4-27-87; Ord. No. 29932, 2- 20-90; Ord. No. 30648A, 8-26-9 I). 36.1-207(1) Group care facilities subject to the requirements of section 36.1-560 et seq. 36.1-207(4) Establishments primarily engaged in the sale or rental of automobiles, trucks and construction equipment including the incidental repair and maintenance of vehicles where the lot area is less than twenty thousand (20,000) square feet. 36.1-207(5) Automobile painting and body shops provided that there shall be no outdoor storage of danlaged automobiles, equipment, auto parts or other materials. 36.1-207(9) Utility substations, transmission lines and towers, booster stations, rclay stations and transformers, and similar uses provided that light, fumes, noise, unsightliness, or other associated activities or emissions are adequately screened from the surrounding neighborhood. 36.1-207( 1 0) l\-ledicallaboratories. Additionally. open air markets selling second hand merchandise and other miscellaneous items shall not be pennitted on Tracts D, E, F or G. 12. Signage approved by the petitioner and thc City of Roanoke, and identifying the Southem Hills Neighborhood shall {#O932227-1,093230·00041-O1} 4 .' be placed on both sides of Southern Hills Drive at its intersection with Griffin Road. 13. Petitioner's landscape buffering/screening along Gri ffin Road shall be designed so that a row of evergreen trees shall face the residential neighborhood located on the easterly side of Griffin Road, followed by a second and interior row of deciduous trees, subject to any changes required by the City as part of Comprehensive Development Plan review. Petitioner hereby requests that the following proffered conditions be substituted and adopted for those existing profTers delineated above and apply to all of the referenced property owned by or under contract by the Petitioner: I. The property will be developed in substantial conformity with the Concept Site Plan, The Home Depot, Franklin Road and Valley A venue, City of Roanoke, Virginia prepared by Mattern & Craig, dated July 8, 2005, a copy of which is attached to this Petition as Exlùbit B, subject to any changes required by the Virginia Department of Transportation or the City as part of Comprehensive Development Plan review. 2. The 105,000 ± s.£. commercial building shall be architecturally fiIÙshed in substantial confornlity with the July 25,2005, rendering of The Home Depot, City of Roanoke, Franklin Road & Valley Avenue, by Architectural Group International, a copy of which is attached to this Petition as Exhibit C. 3. Any outdoor light fixture shall be a full cutoff fixture or a decorative fixture with full cutoff optics. A" lull cutoff fixture" shall mean an outdoor light lixture shielded in such a manner that all light emitted by the fixture, either directly from the lamp or indirectly from the fixture. is projected below the horizontal plane, A "decorative fixture with full cutoff optics" shall mean an outdoor light fixture with manufacturer-provided or manufacture-installed full cut- off optics. (1I<l932227·1,093230·0004'·01) 5 4. The spillover of lighting from any parking area on the subject property onto public rights-of-way or abutting property in residentially zoned districts shall not exceed one-half (0.5) foot candle at the property line. 5. Any outdoor lighting in parking areas shall not exceed forty (40) feet in height. The maximum height shall apply to the height of the poles or other standards to which the fixtures are attached or the top most point of the fixture itself, whichever is higher. 6. Outdoor lighting information for the subject property shall be submitted during comprehensive development plan review. Such information shall include the following: (a) Location of all outdoor lighting fixturcs including the manufacturer's specifications of the area to be lighted with such fixtures; (b) Plans indicating the location on the property. and the type, of illuminating devices, fixtures, lamps, supports, reflectors and other devic.es; (c) Description of the illuminating devices, fixtures, lan1ps, supports, reflectors and other devices; (d) Photometric data, such as that furnishcd by manufacturers, showing the angle of cut off of light emissions; and (e) Other infonnation as may be deemed necessary by the Zoning Administrator to dctermine compliance with the lighting proffers. 7. All dumpsters, loading docks, hcating/air conditioning handling units and ground mounted clectricallransfonner boxes shall bc screened from vicw from public rights of way adjacent to the subject property by landscaping, masonry or metal screen walls. 8. There shall bc no building wall signs facing the residentially zoned property along the easterly side of Griffin Road. (#0932;:27-1, 093230-00041-01) 6 9. Signage provided by the petitioner and approved by the City of Roanoke, and identifying the Southern Hills Neighborhood shall be placed on the side of Griffin Road near its intersection with Roy Drive. 10. Landscaping shall be as shown on the Concept Landscape Plan, The Horne Depot. Franklin Road and Valley Avenue, City of Roanoke, Virginia, dated July 8, 2005, prepared by Mattern & Craig, a copy of which is attached hereto as Exhibit D, subject to any changes required by the City as part of Comprehensive Development Plan review. II. The following C-2 uses as designated in the Code of the City of Roanoke shall be pernlitted on the subject properties: 36.1-206(1) Dwellings located above ground floor nonresidential uses. 36.1-206 (3) Trade, business and art schools of a nonindustrial nature. 36.1-206 (4) Trade and vocational schools of an industrial nature. 36.1-206 (6) Day care centers with unlimited capacity subject to the requirements of section 36.1-510 et seq: 36.1-206 (7) Churches, S)11agogues and other places of worship including accessory columbariums. 36.1-206 (8) Libraries, museums, art galleries and art studios and other similar uses including associatcd cducational and' instmctional activities. 36.1-206 (16) Post offices. 36.] -206 (17) Indoor recreational uses including bowling alleys, indoor tennis courts, squash courts, fitness centers and other similar uses. 36,1-206 (18) Theaters with unlimited seating capacity. 36.1-206 (20) Outdoor recreational facilities including swimming clubs, telUÙs courts, athletic facilities and other similar uses. 36.1-206 (23) General and professional offices including financial institutions. (#0932227-1, 093230-00041-01 J 7 36.1-206 (24) Medical clinics. 36.1-206 (25) Medical offices. 36.1-206 (26) General service establishments, except for repair or maintenance of motor vehicles or trailers, provided that, all repair or maintenance activities shall occur in a wholly enclosed building. 36.1-206 (27) Funeral homes. 36.1-206 (28) Restaurants. 36.1-206 (29) Hotels, motels, and inns, 36.1-206 (30) Bed and breakfast establishments subject to the requirements of section 36.1-520 et seq. 36.1-206 (31) General retail establishments primarily engaged in the retail sale or rental of merchandise, goods, or products except automobiles, trucks, or construction equipment; and including thc incidental repair and assembly of merchandise, goods or products to be sold on the premises. 36.1-206 (32) Open air markets selling fann produce, crafts, plants, secondhand merchandise and other miscellaneous items. 36.1-206 (33) Food stores with unlimited gross floor area. 36.1-206 (34) Neighborhood and highway convenience stores, provided that no motor vehicle service station canopy over a gas pump island shall be allowed, unless: (a) Such canopy shall have a maximum clear, unobstructed height to its underside not to exceed fourteen (14) feet six (6) inches and a maximum overall height not to exceed sixteen (16) feet six (6) inches; (b)' There shall be no illumination of any portion of the fascia ofthc canopy; (c) Any lighting fixtures or sources of light that arc a part of the underside of the canopy shall be recessed into the underside of the canopy so as not to protrude below the canopy ceiling. All such lighting associated with the canopy shall be directed downward toward the pump islands and shall not be dirl'cted outward or away from the site, (d) The vertical dimension of the fascia of such canopy shall be no more than two (2) feet; and (#O932227 ·1. 093230-00041-01) 8 (e) Signs attached to or on such canopy shall not be illuminated and shall not extend beyond the ends or extremities of the fascia of the canopy to which or on which they are attached. 36.1-206 (37) New motor vehicle sales and service establishments, provided the lot area for this use is no less than forty thousand (40,000) square feet. 36.1-206 (38) Auto accessory sales with related installation. 36.1-206 (43) Storage and warehouse activities which are accessory to a retail use where all storage activities are wholly enclosed in a building which is located on the same lot as the retail use and where the gross floor area of buildings used for storage activities does not exceed fifty (50) percent of the gross floor area of the retail use. 36.1-206 (47) Plant nurseries and greenhouses including those with retail sales. 36.1-206 (48) Commercial printing establishments which print newspapers, publications, and other materials. 36,1-206 (49) Personal service establishments. 36.1 <:!06 (50) Business service establishments. 12. The following C-2 uses as designated in the Code of the City of Roanoke shall be permittcd on thc subjcct properties by Special Exception granted by the Board of Zoning Appeals: 36.1-207 (2) Fast food restaurants. 36.1-207 (7) Establishments primarily engaged in the wholesale distribution of goods where all related activities are wholly enclosed in a building provided that: (a) The total gross floor area of buildings on a lot shall not exceed twclve thousand (l2,OOO) square feet. (b) highway. The use is located on a major arterial road or 36.1-207 (8) Manufacturing, assembly, mixing, processing or other processes which are accessory to a retail use, where all such activities are wholly enclosed in the same building as the retail use {1I0932227 ·1. 093230·00041·01} 9 and where no more than five (5) people are involved in such processes on the premises. 13. As any development on Tracts Band C, as identitied on the Concept Site Plan (Exhibit B), will be visible from public roads from multiple directions, the architectural treatment and palette of exterior materials utilized for any structure built on either of these tracks shall be applied to all facades of such structure in a consistent and unifonn manner. 14. The seasonal sales area designated on the Concept Site Plan (Exhibit B) wiII be used solely for the seasonal sale of plants, shrubs, trees and assorted potted nursery products together with associated bag products such as mulch, top soil and potting soil. The seasonal salcs area will bc in use, intern1Íltently, for approximately six months per year for the sale of plants and plant related items appropriate to the time of the year, such as spring and summer live plants and Christmas trees and related greenery. No buildings, sheds, trailers, lawn mowers, gas grills, tractors or similar items will be displayed, stored or sold in the seasonal sales area. 15. If requested by the City as part of the Comprehensive Development Plan review, a natural non-handicapped accessible pedestrian access will be located between the Home Depot parking lot and Griffin Road near its intersection with Southern Hills Drive. 16. The finished grade of Griffin Road between its intersection with Southern Lane and its intersection with Southern Hills Drive as shown on the Concept Site Plan (Exhibit B) will not exceed twelve and olle-half(12 ~'í) percent. I ì. There will be no outdoor storage of goods, materials or merchandise other than as proffered for the seasonal sales area designated on the Concept Site Plan (Exhibit B) and the areas surrounded by ornamental fence shown on the Concept Site Plan (Exhibit B) and the Rendering of the Home Depot building (Exhibit C). {#0932227·1,093230..Q0041-Q1ì 10 Attached as Exhibit E 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. WHEREFORE, the Petitioner requests that the above-described amended proffers be approved as herein set out in accordance with the provisions of the Zoning Ordinance ofthe City of Roanoke. Respectfully submitted, thisZlith day of July, 2005. Respectfully submitted, FAISON-SOUTHERN LANE, LLC By: ,¿(:~ SA VE-X 2, LLC By: SAVE-XUSA,W By: I~ Kent Roberts Pres. James F. Douthat, Esq. Woods Rogers PLC 10 S. Jefferson Street, Suite 1400 P.O. 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Œi œ II II' i ' '11 i{ : ~-?"- -~! - -. ~ .."" ill I'll !¡rl0ll: 'I I' II' I I ~ J J \ .-- .'.' _ -~ -- \ ~ I ~ II;; ;i: ! ! ,n '-1,1'"' n/" "','- - _ _ \ C ,,- I',l ¡!i: ffi ¡ I I Ii' ~ 1\ ;1 ; ! ' ; 'i.f¡::: L-·.. - -' :I',P,' f' f i v r, , '. 'i I . J I :1 : I ' '1 ' , j ~ \ \ .../ ) ,...,.." \' ,. " \-"...... .....-1""'-... , \ î .... '\ " ..~-"""'.,. . ,---! "-,., 'j,. \, \ \ '. \ \ ..<"" / L \. ¡ /-'\---"-.-~' '> \ '" . \. ... ...,...:. ..' ,-< _ _ .......~_ _. \ / " ..... \ \. '. ......-~. L.OO.~··'\ \ r, -. _ - ",~.._-- ~_.> ". '" ....' ..,..o~,,·" \ /\ ( ) - - _ _ -= _ _ . ~;;;1.~~·~ \- ,).,..- ~ \ ! ' I' ~\ v---- \ ¡ . \ ~ , c' I \' ", '\ -Q \ '....- ~. . "\ \ ---,,\ \ \ 0) \ \. ,...._1 \ \, ! \ . '.....J I' .. , 'I III fill .i I I """"""...;<;, I : I~ ! l ~ lu I: ll~, IIIUUUUliGi'l n ~I / D~h)r1 ..~.- t:J~ÖlJ :::::. ~OSCÞPE p~ -- ,ani., 1::::. I\,:;.;·~·-I-"'" ...::.,.::¡:¡ -- .Ia_ I=-= ¡r -1l11lllf il!t~~ · ", ADJACENT PROPERTY CITY OF ROANOKE, VIRGINIA TAX NO. OWNER MAILING ADDRESS 5470116 New Plan Realty Trust P.O. Box 4900, Scottsdale, AZ 85261 5470201 WR Grant 1613 DunbarSt., NW, Roanoke, VA 24012 5480401 James A. Allman 1630 Jumping Run Dr., Goodview, VA 24095 5480301 Virginia L. Cobbs 4208 Southern HiIIs Dr., SW, Roanoke, VA 24014 5480341 John W. & Mary Ann Spring 1757 Tapo Canyon Suite 300, Simi Valley, CA 93063 5480121 Rama May Ford 4215 RoyDrive,SW, Roail.oke, VA 24014 5480703 Henry H. & Madeline D. Muse 4049 Griffin Rd., SW, Roanoke, VA 24014 5480716 City of Roanoke, Virginia 1317 Loudon Ave., NW, Roanoke, VA 24014 5480706 A. Gary & Jeanne Yanúne 6760 Christopher Dr., Roanoke. VA 24018 5480705 Charles E. & Catherine C. Long 4527 Burma Rd., Radford, VA 24141 5470104 SA VB-X 2 LLC 416 S. Jefferson St., Ste. 205, Roanoke, VA 24011 COUNTY OF ROANOKE, VIRGINIA PARCEL ID# OWNER MAILING ADDRESS 087.08-05-01.00- Lowes Home Centers Inc. 4224 Valley Avenue, Roanoke, VA 24014 0000 087.08-05-02.00- Just Duus n LLC 4347 Franklin Road, Roanoke, VA 24014 0000 077.20-01-40.00- First National Exchange 4143 Franklin Road, Roanoke, VA 24014 0000 Bank 087.08-01-02.00- Old Heritage Corp. 4252 Summit Street, Roanoke, VA 24014 0000 {#()g22078-1.1oe2".oooo~f) ., '-""~~t1f )'-" I~~m 'ROFFERED CONDITIONS ORDINANCE NO. 37159-081505 I. The property will bc dcveloped in substantial confomlÍty with the Conccpt Site Plan, Thc Homc Depot, Franklin Road and Vallcy Avenue, City ofRoanokc, Virginia prepared by Mattcrn & Craig. dated July 8, 2005, a copy of which is attached to this Pctition as Exhibit 8, suhject to any changes rcquircd by the Virginia Dcpartment of Transportation or the City as part of Comprchensive Development Plan rcview. 2, The 105,000 oJ, s.f. commercial building shall be architecturally finished in substantial conformity with the July 25, 2005, rendcring of The Home Depot, City of Roanokc, Franklin Road & Valley Avenue, by Architectural Group Intemational, a copy of which is attach cd to this Petition as Exhibit C. 3. Any outdoor light fixture shall be a full cutoff fixture or a decorative fixture with full cutoff optics. A "full cutoff fixture" shall mean an outdoor light fixture shielded in such a manner that all light emitted by the fixture, either directly from thc larrip or indirectly from the fixture. is projcetcd below the horizontal plane. A "decorative fixture with full cutoff optics" shall mean an outdoor light fixturc \\"i¡h manufacturer-providcd or manufaclllre-jnst¡¡lIed lull cut- off optics, 4, The spillover of lighting from any parking area on the suhject property onto public rights-of-way or abulling property in residentially zoned districts shall not exceed one-half (0,5) fool candle at the property line. {#1014361-1.093230-00041-01} 5, Any outdoor lighting in parking areas shall not exceed forty (40) feet in height. The maximum height shall apply to the height of the poles or other standards to which the fixtures are attached or the top most point of the fixture itself, whichever is higher. 6. Outdoor lighting information for the subject property shall bc submitted during comprehensivc dcvelopment plan review. Such infornlation shall include the following: (a) Location of all outdoor lighting fixtures including the manufacturer's specifications of the area to be lighted with such fixtures; (b) Plans indicating the location on the property, and the type, of illuminating devices, fixtures, lamps, supports, reflectors and other devices; (c) Description of the illuminating devices, fixtures, lamps, supports, reflectors and other devices; (d) Photometric data, such as that furnishcd by manufacturers, showing the angle of cut off oflight emissions; and (e) Other infollnation as may be deemed neccssary by the Zoning Administrator to dctcnnine eOlllpliance with the lighting proffers. 7, All dumpsters, loading docks, heating/air conditioning handling units and ground mounted eleetrieal1ransfornlcr boxes shall be sc-reened from view from public rights of way adjacentlo the subject property by landscaping, masonry or metal screen walls. 8. There shall be no building wall signs facing the residentially zoned property along the casterly side of Griffin Road. {#1014361-1.093230·00041-01} 2 9. Signage provided by tbe petitioner and approved by the City of Roanoke, and identifying the Southern Hills Neighborhood shall be placed on the side of Griffin Road near its intersection with Roy Drive, 10. Landscaping shall be as shown on the Concept Landscapc Plan, The Homc Dcpot, Franklin Road and Vallcy Avenue, City of Roanoke, Virginia, dated July 8, 2005, prcpared by Mattern & Craig, a copy of which is attached hereto as Exhibit D, subjcct to any changcs reqnired by thc City as part of Comprehensive Dcvelopment Plan revicw. ] I. The following C-2 uses as desib'11ated in the Code of the City of Roanoke shall be permitted on the subject propenies: 36.1-206(1) Dwellings located above ground floor nonresidential uses, 3(;.] -206 (3) Trade, business and art schools of a nonindustrial nature. 36.]-206 (4) Tradc and vocational schools of an industrial nature. 36.] -206 (6) Day care centers with unlimited capacity subject to the requircments of scction 36,1-510 et seq. 36.1-:~06 (7) Churches, synagogues and other places of worship including accessory columbaTiums. 36.1-206 (8) Libraries, TlluseUTllS, art galleries and an studios and other similar uscs including associated educational and instructional activities. 36.1-206 (16) Post officcs. 36,1-206 (17) Indoor rcereational uses including bowling alleys. , . indoor tennis eouns, squash courts, fitness centers and other similar uses, 36.1-206 (18) Tbeaters with unlimited seating capacity. {#1014361-1,083230-00041_01} 3 36.1-206 (20) Outdoor recreational facilities including swimming clubs, tennis courts, athletic facilities and other similar uses. 36,1-206 (23) General and professional offices including financial institutions. 36.1-206 (24) Medical clinics. 36.1-206 (25) Medical offices, 36.1-206 (26) General service establishments, except for repair or maintenance of motor vehicles or trailers, provided that, all repair or maintenance activities shall occur in a wholly enclosed building. 36.1-206 (27) Funeral homes. 36.1-206 (28) Restaurants, 36. ] -206 (29) Hotels, motels, and inns, 36.1-206 (30) Bcd and breakfast establishments subject to the requirements of section 36. J -520 et seq. 36.1-206 (31) General retail establishments primarily engaged in the retail sale or rental of merchandise, goods, or products except automobiles. trucks, or construction equipment; and including the incidental repair and assembly of merchandise, goods or products to be sold on the premises. 36.1-206 (32) Open air markets selling faml produce, crafìs, plants, secondhand merchandise and other miscellaneous items. 36,] -206 (33) Food stores with unlimited gross floor area. 36.1-206 (34) Neighborhood and highway convenience stores, provided that no motor vehicle service station canopy over a gas ]lump island shall be allowed, unless: (a) Such c,anopy shall have a maximum clear, unobstructed height to its underside not to exceed fourteen (14) feet six (6) inches and a maximum overall height not to exceed sixteen (16) feet six (6) inches; (b) There shall be no illumination of any portion of the fascia of the canopy; (c) Any lighting fixtures or sources oflight that arc a part of the underside of the canopy shall bc recessed into the {#1014361-1.093230-00041-01} 4 underside of the canopy so as not to protrude below the canopy ceiling. All such lighting associated with the canopy shall be directed downward toward the pump islands and shall not be directed outward or away from the site. (d) The vertical dimension of the fascia of such canopy shall be no more than two (2) feet; and (c) Signs attached to or on such canopy shall not be illuminated and shall not extend beyond the ends or extremities of the fascia of the canopy to which or on which they are attached. 36.1-206 (37) New motor vehicle sales and service establishments, provided the lot area for this use is no less than forty thousand (40,000) square feet. 36.1-206 (38) Auto accessory sales with related installation, 36.1-206 (43) Storage and warehouse activities which arc accessory to a retail use where all storage activities are wholly enclosed in a building which is located on the same lot as the retail use imd where the gross floor area of buildings used for storage activities does not exceed fifty (50) percent of the gross floor area of the retai I use. 36,] -206 (47) Plant nurseries and greenhouses including those with retail sales. 36.1-206 (48) Commercial printing establishments which print newspapers, publications, and other materials, 36.1-206 (49) Personal service establishments. 36.1-206 (50) Business service establishments. 12. The following C-2 uses as designated in the Code of the City of Roanoke shall be permitted on the subject properties by Special Exception granted by the Board of Zoning Appeals: 36.1-207 (2) Fast food restaurants, 36,] -207 (7) Establishments primarily engaged in the wholesale distribution of goods where all related activities are wholly enclosed in a building provided that: {#1014361-1,093230-OO041-O1} 5 (al The total gross floor area of buildings on a lot shall not exceed twelve thousand (12,000) square feel. (h) highway. The use is located on a major arterial road or 36.1-207 (8) ~1anulàcturing, assembly, mixing, proccssing or other processes which arc accessory to a retail use, where all such activitics are ""'holly enclosed in the same building as the retail use and where no more than five (5) people are involved in such proc,esses on the premises. 13. As any development on Tracts Band C, as identificd on the Concept Site Plan (Exhibit B), will be visible from public roads from multiple directions, the architectural treatment and palette of exterior materials utilized for any structure built on either of these tracks shall be applied to all facades of such structure in a consistent and unifonn ma\1JJer. 14. The seasonal salcs area dcsignated on the Conccpt Site Plan (Exhibit B) will be used solely for the seasonal sale of plants. shrubs, trees and assorted potted nursery products together with associated bag products such as mulch, top soil and potting soil. The seasonal salcs area will he in use, intermittently, for approximately six months per year for the sale of plants and plant related items appropriate to the timc of the year, such as spring and summer live plants and Chlistmas trees and related grcenery. No buildings, sheds, trailers, lawn mowers, gas grills, tractors or similar items will be displayed, stored or sold in the seasonal sales area. 15, If requested by the City as part of the Comprehensive Developmcnt Plan revicw, a naturalnon-hanùicapped accessible pedestrian access will be located bctween the Homc Dq)()t parking lot and Griffin Road near its intersection with Southcrn Hills Drive. {#1014361-1, 0932~O·00041-01} 6 ] 6. The finished grade of Griffin Road betwecn its intersection with Southern Lane and its intersection with Southern Hills Drivc as shown on the Concept Site Plan (Exhibit B) will not exceed t\\'elve and one-half (12 ~'Í) percent. 17, Therc will be no outdoor storage of goods, materials or merchandise other than as proffered for the seasonal sales arca designated on the Concept Site Plan (Exhibit B) and the areas surroundcd by ornamental fence shown on the Concept Site Plan (Exhibit B) and the Rendering ofthc Home Dcpot building (Exhibit C), {~1014361-1, 093~30-00041-01} 7 ,. '¡II ¡ I, \ 1111 i l: J" :::'1 :' ;I:~ :~-'..--\\, . I '-1 I : I ""\ ¡ '~! '0" ::::', i :\ ¡ I:' t~\, " ;;\¡'\i, ~: :J\ . . 1-, . . ~ I t ~ , . .,1 ! ~ II . n'. 4~ ~ i 1./.) : " II ¡/" I f! \ rfl ,'.n " \ ¡, I . c: l' \ ŒíÖ~ it, , \ 'J ," ···~I' .' ',".' 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"r~~~..r··- ,jm . ,. . 2" n "'0 VI C(~ -i ;I:> Õ ~ J)( » e m 0 ~Z -< Q m m 0 r- m ~ r- "'^ VI m C "T1 ~ '-i ~ Z ::1J 0 :::J 0 z 0 ~ z 0 » ~ z » 0 0 0 z f20 ^ G"l m ,;I:> ~ m VI 0 ï m Z ï -l m 5> -< r- ~ C VI m m . . Z ~ ~ C ~ m z '" ~ I!~ !!II ~¡¡¡ .. ., ., I, f <¡IE! _I -~; !.-.. :111 I..~ !III 1,'111 II! ª~ª "'- ,~~ .~ f.ï~ I!I!I g g -,,> .i=· ·.,.1.. h'~ a g ~ ~9.~ ~.. ¡;¡ ~ !::! ~ ;;.30 C E~¡ ~ t ." 13 ~ ~ m r- ~ ~ ~ '-i g Õ z · z ~ n Z G"l ;I:> · m ~ » r- · G"l . ~ ~ . ~ z ¡¡ ~ m ~ ~ 0 èí ~ ~ . ¡ r- g ~ '" r- m I S -< ~ ~ '" ~ !'" ~ ~ ~ m Z n " . ~ ~ ~ ~ z p ~ I ~ ~ hl ,,\ ,-- \~"~);:~\~"~1'X~ ,~::~ ."CD6) , II nIl , I, 1 0 f ( < i . . . - ..." ;. :.. - .... GIftJ-.,. ..'\', ~~~ iii, !¡ I~ II i'!' a if " 11 , , " " " q _--; r- - - ~ """.... , , ~" ¡ .'" ~~t:Q~E PlNi , HH-'~~,@-"r ·i~-," I II I ~ I ~\ , K '-¡;ì¡ ;,,,C \ \ Ô\\/I '. . '....." \ ( . . ) I ~ . I \ '....- , .~.~ . !----}.Y-.-;ón9.~ -Þ~~~.:.. -~~o~:~ -' . ., , . \l1, \'1. \;"\-~.... \'æ.lo" "\ ./' \ Ä~ \. ~~ '~p.\ " \,~\ \ \ t\\~\~;. =s:" "'-::-::~ - '.~ , ,'\ \ \\, '. \~ \ \ " ' The Roanoke ~~~C2 Roa~oke, Virgini~ Affidavit of Publication The Roanoke Times JAMES DOUTHAT P. O. BOX 14125 C/O WOODS, ROGERS & ROANOK~ VA 24038 NOTICE OF JOINT PUBLIC HEARING REFERENCE: 80095560 10166423 NOTICE OF JOINT PUBL TO WHOM IT MAY CONCERN: Pursuant to the provisions of ArlicllJ V 01 Chapter 36.2, Code of the City of Roanoke (1979). as amended. the Council 01 the City of Roanoke and the CIty of R oa n 0 ke P I ann I n g Commission will hold cl joint public hearing on Monday. April 2. 2007, at 2:00 p.m" or as soon thereafter as Ihe mailer mav be heard. In the CltyCouncfl Chamber,fourth floor. Noel C. Taylor Municlpal Building, 215 ·¡ChurCh Avenue. S.W.. Roanoke, Virginia. on the lamendment of a proffer i presentl~ binding upon a tract of land located on Franklin Road. Southern ILane. Souther., Hills Drilie and Griffin Road. S.W.. I Roanoke, Virginia, and . designated as 0f.flcial Ta~ I U_ . ·No. 5480704. such amendmem f<:llating to an amended proffered landscaping plan. The amended proffered landscaping plan includes an area tobe relorC'stcd and landscaped on the subiect property. near the inter!ó;eclion 01 Griffin Road and Roy Drive. and cxpansion of de~elopment on the subect property. A copy of this proposal Is available for public inspection In the Office of the Cit" Clerk, Room 456, Noel c'. Taylor Municipal Building, 215 Church Avenue. S.W.. Roanuke. Virginia. Questions about the content of the proposed I amended condition should: be dirccted to the Ofrice ofl Planning Building andl Economic DevelOflment.1 853-1730. I All parties in interestmay appear on lhe above date, and be heard on the matter.' lIyouarea person with íl disability who nelJds accommodation'S for this; public hearing. contact the! C i t ~ C I e rk''S Off ice.' 853-2541. by Thursday.' March 29. 2007. GIVEN undtlr m~ hand thi!. I 16th day of March, 2007. ' Stephani!! M. Moun. CMC. City Clerk. Martha P. Franklin. Secretary. Planning Commlss,lon State of virginia City of ·Roanoke I, (the underslgned) an authorized representative of the ~imes-W0rld Corporation, which CtJrporatJon 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 RQanoke, Commonwealth/State of v~lr~~nia. Sworn and subscribed before me this _l_~_day of April 2007. Witness my hand and official sea.l'~ iJ.2J.Ld~~~:''--1'-~-~_~ð't~p PuJ;>cl<.ic My co~~~\~,~n expi S(}_.L,¥~;¿Ù?~QQL. . \.: ,\1 .. '. ·....,;\1.1. ~naL!SHED ON: 00/19 03/26 '. '-. ,. , 1. ·1';\\'" ., \. . .,\. I;"U ,;,. ""; ': \ TOTAL COST: FILED ON: 468.80 03/26/07 /10166423¡ -----------+-------- Authorized~../l L.I' J . ._ _"_ Signature:_¡I~¡tT-~~~~~-' Billing Services Representative c-, ~ p I;¡ "" ~ ;l3 ..... ..... ::0 "" ..... ..... 83 ~ \~~'\ NOTICE OF JOINT PUBLIC HEARI1\G TO WIIOM IT MA'r' CONCER1\: Pursuant 10 thl: provisions of Artick V ofChaptcr 36.2. Code of the City ofRoanokl: (19ì')). as am~nded. the CoulK"il ofth~ Citv ofRoanokl: and the Citv of Roanoke Plannin" Commission \\'ill - ~ - hold ajoint public hc>aring on Monday, April 2. 2007. at 2:00 p,lll.. or as soon thereafter as th~ matter may bl: hc>ard. in the City Council Chambcr. fourth flOlH'. I\oel C. Taylor I\lunicipal Building. 215 Church AVCIlue. S, W,. Roanoke. Virginia. on thc> amendment of a pronc'r prö~ntly binding upon a Iral'llllÏand located on Franklin Road. Southcrn Lane, Soulhl:111 llills Dri\'C and Grinin Road. S,W.. Roanokc. Virginia. ami designated as Ofticial Tax No. 5-1-8070-1-. such amendm~nt relating to an alllended proffcred landscaping plan. Thl: amended proffcred landscaping plan includes an arl:a to be relorested and landscaped on thc subjl:l·t property. near thc intl:rsection of Griftin Road and Roy Dlive. and expansion of dc\'clopmcnt on the subject property. A copy of this proposal is available for public inspection in the OtÌÌce of the City Clerk. Room -1-56. ~ocl C. Taylor Municipal Building, 215 Church Avenue. S.W.. Roanoke. Virginia, OUl:stions about the content orthe proposed am~nded condition should be directed to the omce of Planning Building ami Economic Developmcnt. 853-1730, All partil's in interest may appcar on the above date and be heard on tIll' matter. I I' you arc a pc>rson with a disability who needs accommodations for this public hearing. contal·t the City Clerk's Onice. 853-2541. by Thursday. March 29. 2()07. GIVE:--¡ under my hand this ___16tltlay of\1arch. 20(Jì, Stephanil: M, Moon. C\1C'. City Clerk. Martha P. Franklin. Secretary. Planning Conllllissilln U Ii::-:r.<~ Cqx·t. .T,):"nt. hearing Alr.~në. ~'t",:-f:E'l·.s ·l-::-Cï NOlice 10 Publisher: Publish in Ihc Roan(lke Times once on Monday, March 19, :!007 and March :!6, 2007, Send affidavillo: Slephanic M. Moon. Cily Clerk 215 Church Avcnuc. S. W. Roanokc. Virginia 24011 (540) ~53-2541 Send bill 10: James F. Doulhal. Attorney. Woods Rogers PLC P,Q, Box 14125 Roanokc. VA 24038--1-125 (5-1-0) 983-7662 @7~ I Ill. . CITY OF ROANOKE OFFICE OF THE CITY CLERK 11 S Church ,hellue. S. W.. Room 456 Roalloke, Virginia 14011-153(; . Telephone: ISotO) 85.'·15-1. fax: 15-10) K5.'·1145 E-mail: d(·rki?ro:lnok(·\·¡¡.g:O\· SHEII..\ ~. IIART:\IA\; Ueplll)" CitJ C1er-k STEPHA:-lIE ~1. MOO:-l. 01(' Cil)" Ch'rk March 21, 2007 File #51 James F. Douthat, Attorney Woods Rogers PLC P. O. Box 14125 Roanoke, Virginia 24038-4125 Dear Mr. Douthat: 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 ajoint public hearing with the Roanoke City Planning Commission for Monday, April 2, 2007, at 2:00 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 Faison-Southern Lane, LLC, to amend a certain proffered condition presently binding upon a tract of land located on Franklin Road, Southern Lane, Southern Hills Drive and Griffin Road, S. W., such amendment relating to an amended proffered landscaping plan in connection with the Home Depot retail facility. For your information, I am enclosing copy of a notice of public hearing. Please review the document and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 540-853-2431. It will be necessary for you, or your representative, to be present at the April 2 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, - ÌY). ~~~ Stephanie M. Moon, CMC " City Clerk SMM:snh Enclosure <>~~ tit .. , ¿.;i; '~ . CITY OF ROANOKE OFFICE OF THE CITY CLERK 115 Church Avenue. S. W., Room 456 Roanoke. Virginia 141111-1536 Tell'phone: (,:;40, 8.!'~'·2.!'41 )'l:Ix: (S'¡OI8S.'-1145 E-mail: d~..kGroallflkem.~U\· SHEILA 1'. llART~IA¡'; Ucpul)' Cil)" ("erk STEPHA~IE M. MOO:\'. «":'IC Cit)' Clerk March 21, 2007 File #51 Rama May Ford Virginia L. Cobbs John and Mary Ann Spring Henry and Madeline Muse Charles and Catherine Long Gary and Jeanne Yamine Dawn Vineyard, Southern Hills Neighborhood Council Janet Scheid, Roanoke County Planning Ladies and Gentlemen: Pursuant to provisions of Resolution No.2 S 523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised ajoint public hearing with the Roanoke City Planning Commission for Monday, April 2, 2007, at 2:00 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 Faison-Southern Lane, LLC, to amend a certain proffered condition presently binding upon a tract of land located on Franklin Road, Southern Lane, Southern Hills Drive and Griffin Road, S. W., such amendment relating to an amended proffered landscaping plan in connection with the Home Depot retail facility. 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. rlZereg' Mf-l....~; "' ÎYJ, ~ Stephanie M. Moon, CMC City Clerk SMM:snh Rama May Ford 4215 Roy Drive, S. W. Roanoke, Virginia 24014 Virginia L. Cobbs 4208 Southern Hills Drive, S. W. Roanoke, Virginia 24014 John and Mary Ann Spring 4207 Griffin Road, S. W. Roanoke, Virginia 24014 Henry and Madeline Muse 4049 Griffin Road, S. W. Roanoke, Virginia 24014 Charles and Catherine Long 4568 Longs Ridge Road Radford, Virginia 24141 Gary and Jeanne Yamine 4084 Franklin Road, S. W. Roanoke, Virginia 24014 Dawn Vineyard Southern Hills Neighborhood Council 4024 Griffin Road, S. W. Roanoke, Virginia 24014 Janet Scheid Roanoke County Planning 5204 Bernard Drive, S. W. Roanoke, Virginia 24018 '\ NEIGHBORHOOD ORGANIZATIONS / WATCH GROUPS Page 8 of 11 Rev: January 16,2007 RlVERLAND !WALNUT HILL NEIGHBORS (NW) 1987 Riverland Road Baptist Church 459 Riverland Rd SE Kathy Hill 509 Arbor Ave SE Roanoke, VA 24014 Meeting: 7:00pm 1" Monday every other month (January, March, May, July, Sept. and Nov.) Elections: November (Annually) SOUTHEAST ACTION FORUM, INC 1980 SE Office / Police Substation 1015 Jamison Ave SE Richard Nichols 1620 Kirk Ave SE Roanoke, VA 24013 Meeting: 7:00pm 1" Tuesday each month Elections: May, every 2 years, odd years SOUTHERN HILLS NEIGHBORHOOD COUNCIL Garden City Recreation Center 3800 Yellow Mountain Rd. 24012 Dawn Vineyard 4024 Griffin Road Roanoke, VA 24014 Meeting: Elections: 7:00pm 2nd Thursday every other month (January, March, May, July, Sept. and Nov.) October STRATFORD PARK NH WATCH Stratford Park Office Bldg 3807 Brandon Ave SW Betsy Wade c/o CSW Associates 3807 Brandon Ave SW Roanoke, VA 24018 Meeting: 6:30pm 3rd Thursday each month Elections: THIRLANE RD NEIGHBORHOOD ASSOC 1988 Meetings: As Announced Elections: , VILLAGES AT LINCOLN JRC Villages at Lincoln Community Center 1801 Dunbar Street, NW Duane Smith 3038 Melrose Ave, Apt 712 Roanoke, VA 24017 Meeting: 6:30pm 3'd Tuesday of each month Elections: L:\HOUSING\Neighborhood Services\RNS LISTS & CORRESPONDENCE\Web Neighborhood Orgs Roster.doc ~ AMENDMENT OF PROFFERS Faison-Southern Lane, LLC 4110 Southern Hills Drive, SW Official Tax No. 5480704 COMMONWEALTH OF VIRGINIA CITY OF ROANOKE ) ) )AFFIDAVIT ) TO-WIT: The affiant, Martha Pace Franklin, first being duiy 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 13th day of March, 2007, notices of a public hearing to be held on the 2"' day of April, 2007, on the request captioned above to the owner or agent of the parceis as set out below: Tax No. Prooertv Owner 5470104 Applicant 5480718 5480121 Rama May Ford 5480301 Virginia L. Cobbs 5480341 John and Mary Ann Spring 5480703 Henry and Madeiine Muse 5480705 Charles and Catherine Long 5480706 Gary and Jeanne Yamine 5480706 City of Roanoke City Mailino Address 4215 Roy Drive, SW Roanoke, VA 24014 4208 Southern Hill Drive, SW Roanoke, VA 24014 4207 Griffin Road, SW Roanoke, VA 24014 4049 Griffin Road, SW Roanoke, VA 24014 4568 Longs Ridge Road Radford, VA 24141 4084 Franklin Road, SW Roanoke, VA 24014 Also notified: Dawn Vineyard, Southern Hills Neighborhood Association and Janet Scheid, Roanoke County Planning Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 13th day of March, 2007. Notary Public My Commission Expires: ____________________ '\ March 13,2007 IMPORTANT NOTICE - PLEASE READ A request to amend a proffered condition on the properly described below has been filed and information relative to this request is as follows: Petitioner: Faison-Southern Lane, LLC, represented by James F. Douthat, attorney Location of Property: 4110 Southern Hills Drive, S.W., Tax No. 5480704 Purpose of the Request: Amendment of proffered condition relative to landscaping on the parcel identified as Official Tax No. 5480704. The date, time and place of the joint public hearing scheduled by the Roanoke City Council and Planning Commission on the request are as follows: Monday, April 2, 2007 - 2:00 p.m. City Council Chamber. Fourth Floor. Noel C. Taylor Municipal Buildin!! 215 Church Avenue. S.W. Roanoke. Vir!!inia 24011 Additional information on this request may be obtained by contacting Maribeth Bendl III the Deoar1ment of Planning Building and Economic Develooment at phone no. (540) 853-1502. Mar1ha P. Franklin. Secretary City of Roanoke Planning Commission . AP'PLliCAl'lrQ;N . . -' . . AME'NDMEN:t'OF,'PRSFfE'RE:E) Date: March 14. 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 A'/I submittals mUst'bety'ped, include all required dociiinentatlo"hiiriif a'checkfoftheiiiihg.;fee. Application is hereby submitted for amendment of proffered conditions for the. property located at: Property Address(es): Official Tax No(s): 4110 Southern Hill Drive. S.W. RECEUlED- 5480704 M.~R 1 6 2007 CllY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT Existing Zoning: CG with Conditions Ordinance Number of Conditional Rezoning: 37159-081505 'Name:oi)lRP(ig~~U(f9~t~\cH~~!~,9h~i~';:iFa'i~b~:::Sbuthe'f;LLa~~ ;: Lt8~; ok~~ t'R~b~d~,j;' :';. 'C~:i::::{':' :,.,. · M~iliJ~ft:i~;~~~~:~q~~~~0;tg~f~ii~:~~ii6~~~:~~.i:i:;l6~~ii~:;:'~~t:=',._~\;~~>;,) .:,;.; ': ," "'~',-' " >_,> .~.~ ., _", .-. ":~ 1'. :.:\:<j~'~;;':~ :,~L,:>\__,.~,.r.;.J;, ..~ ~.::_,{,!:;::_ '_~~;_' '0::;':; ~l:'~' ,",':,-:"._.,:".' ,0 ,. .,~ ~_.).S-.'L~;.':.;,;--~ ,.,:,_. '-,' , _', '".' .'y,; , " "-. 'k',,'- ; ',' '." 7c-"-~ '>-." . '-.'/f. -",,/_,.,-~-; . .. . -' '.., ',:",:.: .,,:, ,', :-..:," ,,) ____~-: ;;:- :/,; ,~.. ;',: :,:>"! ,';, :'/.., ',~ ._:<L,~~)-",:;,"c~!.:':)/",~, ,:~;:;";>'.\:""),,,:.:,,,,;:;,/~<.:, ~_,:,.':~,-:~.:~!.,':; d,:, _ -' _:.... ~ , . liel~pl:\()neJ 541)76 7.",3Q1.2 .', ..... F~x,..;;(\li.9H344"'0687 ..."....."',.,~~~r:rll?lb.:' KrobertsGGof2ty,meL.\c;", .',:. '. ..... ,,~".. ';Y:,":Fa:i:'SOn:::soi'itj2:~\gy.~sottir~r:ri':';i;,j"ne.~;'Gt'8UP';';i'i/~~~TP'j:::::'r',;~':)' . A:PljOO"'t~~9~;~!:~:~)~;f:r;;,t 11,:.t{~~:t~~;r~f:~~~~$t~; ~:; >-:,Rr0pei1:y(,Gwner'ts,~~ame;2WEAilson::Sou ther,n'Jf;lJane:-,~;, LL:;Gij,;,);)'~~\;.'fft::F"A''ll';J;-;-l-"j'-k;,;~'"iG';''!f'<,~:;,-i!o':0:;:':;;'','~;'~-;at-b"-i:<'--;,~jvj:&i4':;;t1';'" 4' ;~~;i;:~~~J~~t;~';~J~t{t~~~~1~f~1;tfi~g?tZ~i:ii~\:f~~i ....... " " .' .,' "';,.::{ ~,,,"}~,,~.,,;;h/.:.t'~;'i:",'i<!t-;?;..,~j~~tlr'+"';r22f:;';~.\'t -- 1::_:::~'~:!~~~~:'-:-i-,:;2i~;);E2;::i':~'6"'~~?ii'i~Wiif~{f >', " ",-"", ''-',''', -AIM'. ' rl=;.lIii"':.'''i~\.Ii~;~i~; '... '. ,~~\.~lU"I.I~Iii~,.~~;.~"'~~,"';17" ".: ,.,' ".: F . .'.' ;-; ':;:'" , , PROiFFE:REib ,Ce:Nil):ITliONS " " - .' , ~..,M{'RlbPM0j,:13 cmCU:RK'V)i \ tr1I' Date: March 14. 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 Ordinance No. 37159-081505 (attach copies of Ordinance and existing proffered conditions proposed to be amended) Name of Applicant/Contact Person: Faison-Southern Lane. LLC By Southern Lan, Group Applicant's signature: I L ~ Property Owner's Name: Faison-Southern Lane, LLC By Southern Lane Group Property Owner's signature: ! !.. --- 0 ----- 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: See Attached (attach additional sheets as necessary) ~ Attachment to Amended Application for AMENDMENT OF PROFFERED CONDITIONS dated March 14,2007 Applicant, Faison-Southern Lane, LLC, hereby requests that Proffer No, 10 of the Proffered Conditions enacted by Ordinance No. 37159-081505, as set forlh below, be repealed as to Applicant's properly designated as Tax Map No. 5480704: 10. Landscaping shall be as shown on the Concept Landscape Plan, The Home Depot, Franklin Road and V alley Avenue, City of Roanoke, Virginia, dated July 8, 2005, prepared by Mattern & Craig, a copy of which is attached hereto as Exhibit D, subject to any changes required by the City as part of Comprehensive Development Plan review. Applicant, Faison-Southern Lane, LLC, hereby requests that the following proffered condition, which is voluntarily proffered, be substituted and adopted as Proffer No.1 0 in place of the Proffered Condition set forth above to apply to the Applicant's properly designated as Tax Map No. 5480704. 10. Landscaping shall be as shown on the Concept Landscape Plan of Tract B, Tax No. 5480704, dated March 8, 2007, prepared by Mattern & Craig, a copy of which is attached hereto as Exhibit 1, subject to any changes required by the City as parl of Comprehensive Development Plan review. c:,-~',;==.;;;:;;;r':;;;:':;;;-~;;{iJ.lnl:"""1."-1-;:OQO"'QOO_}7=:::-~~:;;::=:;;:::;"-:::'::"-=--::,::.'';':;::C-'":~;';:;;;''~=:;;;;:~;:'=--''""''"''-''":,,~'=-2:~=:.===~~_====-=.'-'.,.~.""",:,"""'-"-.-_-.C'''''''''"",-""-:,-",,,-,''''::::-''''-''';::''''''.:,,.:-.,.-.- -. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA INRE: Amendment and Substitution of Proffered Condition #10 on tract ofland lying and being in the City of Roanoke, Virginia briefly described as: Tax Map No, 5480704, 1.7780 acres, Pine Grove 4110 Southern Hills Drive, S.W. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: By Ordinance No. 37159-081505 dated August 15,2005, City Council amended, substituted and adopted proffered conditions on parcels ofland zoned C-2, General Commercial District, identified as Tax Map Nos. 5470115, 5470113, 5470114, 5470112, 5470111, 5470108, 5470109,5470110,5480701,5480704, 5470103,5470102,5480717,5480718 and 5470104 in order that these parcels of properly could be combined and resubdivided as the site of a retail out parcel development for a Home Depot retail facility and two other retail establishments. By "Plat of Survey for Faison-Southern Lane, LLC, Combining and Resubdividing the 14 Lots Listed in Acreage Chart, Vacating Portions of Southern Hills Drive, Southern Hills Lane, and Existing Easements as Shown in Ordinance No. 37160-081505, herein creating Tract A (10.584 acres), Tract B (1.778 acres) and Tract C (0.555 acres) New Public, Private and Utility Easements and Dedicating 1,247 Acres to the City of Roanoke for Street Purposes, City of Roanoke," dated June 19,2006, by Mattern & Craig, Inc., Consulting Engineers Surveyors of record in Map Book 1, page 3012 in the Clerk's Office of the City of Roanoke, Virginia, the referenced parcels were combined and resubdivided to create three separate parcels, one of which is Tax Map No. 5480704, 1.7780 acres, Pine Grove, which is located at 4110 Southern Hills Drive, S.W., in the City of Roanoke, Virginia, (the "Property"). . {#1013412-1, 093230-OO041.01} , Applicant, Faison-Southern Lane, LLC, owns the Property and believes that the repeal of Proffer #10 in Ordinance No. 37159-081505 in favor of the Proffer #10 in the Amendment of Proffered Conditions filed herein will further the intent and the purpose of the City's zoning ordinance and its Comprehensive Plan by allowing Applicant to develop part of the Properly for commercial use, use a porlion ofthe Properly as the location of a temporary road to provide access for the residents of Roy Drive while Griffin Road is under construction and allow the Applicant to reforest a porlion of the Property to provide a wooded area as a buffer for adjacent properly and to provide a wooded backdrop for Applicant's development of the Properly. Applicant hereby requests that Proffer #10 enacted by Ordinance No. 37159-081505 be repealed as to Tax Map No. 5480704 and requests that Proffer #10 attached to the Amendment of Proffered Conditions filed by the Applicant be substituted, adopted and apply to the Property owned by the Applicant in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. {#1013412-1,093230-00041-01} 2 \'<1'='" TRACT B tm Ac. !:>~"'.-" , ".,.".,,...- 1"'""-""''''''''' , '"'!I~- 4 AR , , , ~~$ \ ~ ~, aOp-l1: ~ I" " , ~ G~lff CC ~ 0\.0 ~NS ,~/ /'{', [)~ ,~ 9'r 4 RtSl ./ ,,,;If > <; -" / ,:':"::'::::'::':'::':':':":':':":':':':':',..",.."",..",...."", /\( y ~,\:'/ " ,..,..,..,."..........,..........,'..........,......, ~" ,.>- ~:.!. ., ..............,..,...,....,...."......,...,......,.. \_/ ^"~' ('i<::j;Y]QQQ2l\ I :-:-:)'.......-;/. , . ...... .;; /. () ;.C Q, ~"s~,' ~/,j0:: /-/- ~~~~o10~ , ..::::..:........ /. y..'i.~~-< ~:f~9;.~C.. ~ , ::;::;:/....-; {)~. , /. UWIIS9A I ~ ClEAlllNG/GRAIlING , I ~ 'n , / .] . "-....oJ" " I , , , , I I I --1J -:'---;;6 R~~~~3 : ri.~ 141''S,.po. 'S' 8 ZS AREA TO BE REFORESTED 10,770 SF (SEE SHEET 2 FOR ADD. INFO.) -- -"1 ~ I ~~ . ~ TRACT C \ 0.556 A~ MS- \!:------ - - ~ --=-::; EXHIBIT -1 CONCEPT LANDSCAPE PLAN (SHEET 1 OF 2) TRACT B, TAX NO. 5480704 MARCH 8, 2007 I o SCALE IN FEET I I 60 120 03/16/2007 9:28:08 AM R:\dwgs\2358-A \dwg \LANDSCAPE.dwg, EXHIBiT -D, ... .".. PLANT LIST QUANTITY KEY PLANT MATERIAL 4 RO Red Oak, Quercus rubra, 2-3" Cal. 1 QS Shumard Oak, Quercus shumardii, 2-3"Cal 4 AR Red Maple, Acer r, "October Glory", 2-3" Col, 1 OA Sourwood, Oxydendrum arboretum, 8-10' 3 CC Red Bud, Cercis Canadensis, 6'-7' clump 3 AG Serviceberry, Amolanchier grandiflora 6-7' clump 4 NS Nellie Stevens Holly, Ilex x "Nellie R Stevens", 8'-10' full I 1- AREA TO BE REFORESTED - 10,770 SF, PROVIDE SEEDLINGS AT A RATE OF 1 PER 10 SF, SPACED APPROXIMATELY 5' ON-CENTER. SEEDLINGS SHALL BE MIN, 3' IN HEIGHT AT TIME OF PLANTING, SEEDLINGS SHALL BE A MIXTURE OF LOBLOLLY, SHORTLEAF, VIRGINIA, AND WHITE PINE. EXHIBIT 1 CONCEPT lANDSCAPE PLAN (SHEET 2 OF 2) TRACT B, TAX NO. 5480704 MARCH 8. 2007 R: \dwgs \2358-A \dwg \LANDSCAPE.dwg, EXHIBIT -D (2), 03/16/2007 9: 16:09 AM ., , AMENDMENT OF PROFFERED CONDITIONS PROJECT LOCATION / VICINITY MAP 4110 SOUTHERN HILLS DRIVE, S.W. TAX MAP NO. 5480704 VICINITY MAP --~~--:;~_-~y"~ !V -~ #,'1' f\"~!r""'~C;;,iY r ;;-y '^ ~9." \(." ' I'~'/f~' .-d.~..?7'/ _':;.. 'if lit' )r;E. ~ _,{ - /I \~ lj ~/'. ",;::/ t;t1;: ~ /~,....~ Wi"';"/'- (/ ~~" 17 Y't-JL, iI 'r-!;:,.ji:-.~ ~ :;.~-:;::. , ,. r - ,,:?i:,""-k ~v , " ~< \';Yh~"$., ,'Jr' ,J l ~K:-"~/ \\ ""~'N"C""" "9;?~ \{t\::'(';/ 9~';\\ r~~-~ l,! (4<~~~'^~ v /.:;~/. ..j? r _~~~:'.(~=z ;rw.=>",_ ~ '^~~V>~"" ';:.\", jL,:d/'~ "~~ V~::a;i.r><: fl4:'r7/;:/h~"~[')/~Jl ~t~~~t:~}P;;:7!:-~ j ~r ~ ~ ~~~-_/ /r J{lrf~?J~ 5:Q~\ 1:~,,-l' " ~1"~-'~7 "'''''"~L~c /."' (7 /,/R;.~N'\'Jr't,,"1r" "'",:>> ~.\,,'~~~"'''''~,. '" ~;Pt: ' (/ f,Q/',/{J"lVr/n,7;'-'''''''' "" ,- ""/" / ,;7 0fY .9.~'f",J /.;",no/,' i;V<"'J,0 fU"ihl _7;:_I~.,,;?;-;Z/"d7,r /,'.7""%<< /-__'7\..V/ if"'i"..,V(j"',/, 11'1""...j;/'t.1f If"'"' ",.,,--- -'- ",-"/ \ :/ Iu Y -" '/, '; ) '- "i . -.: "" ,""" Jr fJ ~ #.?f?"t{\ ))~ ff , AA) /Iff C ~ ,!J.",,'i~/(j'~J/.:I'?Dc1"1:,j , 5~0;-"t~\~Jr~ul);,~4/~hJ~7'JJ~~tjj((~\J ~ ~ ~?1;,,, J "'"f V}, )'01~-;, I II t~'l' 1"- ~Ir /" 'ir:;j!I!" :4 "',. , II(<}::;:'< d h / t1!111<'"7 K ff I =i!VL.f~iiJ i'c..-J\-yf ~<j~ ~fJ! i;..''o".--'~ ~d:;;rf~~~ '~ \\tlll~~ IIbIY I II ~JA~\ ~y ~(/~~ 1., 1f((1 "~ ' r'Jrf jh'=-r= I {J' / iL~ fS /?nJ if c!" -='\:=J-~'jL.--'ij((,/ , '~ ",1 IIII!I H " 1" ,f,C/.,^" ''01 ' f ,----<' - ,-, t{/ II '1/Lvl / c-."":t/ \\ -,fljl ~ vdf'} .~_~_A 4' ~~) '" fi~: ,'/ f<//s AI'/"," ~~'iIIV\rr5,lt &.#7'\ i(1I J !'~ r- ~.,J'/'71 - \If A I wI'S"', " 11,(l4;-r)) ,,-- /";.\W"" )\J\ ,," (._A~ I~~"",l f l' fY h'h / ,I 'I,,,v#,, ~I'"&X &.tP ~~!J~ ~)/ 7YII~ -1,' -'r~ (" (",;' ;::,...'1 A'0:1i '" ~I.% Si:"'';:'~/ ~y J}-~- ~ tiJ;"""'==\\ '\>_t!z//IA~7f~~/~' - ~;~f', <<;/-lll!/fYl!C- jrIL:~=1; '-vl''='FS>~IJ; ~, ~ITE '7~~, ~,.. v" """ C,",,<, J // /" f.f i) --- z:v 'I' _ '-1r~ Ir- ~ ~ // Y '" _ ~ ~--.J~ ~ I' ...>-~ "\: if &> ""':~~~t--,~;:~r ~:v" >' f,=\ 't,} //./C!,): ",~" c?r12 ie', ""~ "f'-~ 1 < / . r1 1\\,bY ~- ,~-' 1 r ~ -17 :1; i R ~ /r- !f1?f 7-~""""ii; "',; ,Z ,- .ifo, {ii.,., .1// ' f^"'t'\ ~ !"'-')!'! \ I' ',LI ~~~17S~~Q.~h- "~1/Jr" IL" I~I "'; ~ ~-=...>> I! \f \,.- "\~ 1l~/'\ - \\ ~/' } \~, "'tl~) C'\" ",~,p ~,~ ;[ !f \ ,I \\~~ ~1 ~l/I~) ~ \~ ~... ' \-;~~ h" / :1 'I ""-"""'''-=''''>> -1\ i] .~I ~J I.!," ~l Jf--'''' \-,pl // / !i "=::::;; f ~ '-1,,,, " II \ ,"",,;=-,,,J II ,I II ~1 /f / iC:'~'=") IL./'f, I: 1\ I" '-_)j ~ :~f I /r - -;'/-~ <r \\ \~ .~~V $.~~ ~/ \~ 'if' ,'t~~ \' 'l 'i ~.j,-------=",~ "" /::Y.="i,l ,,~.~,. IJ' J~ Af'"'~ ~?: ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of August, 2005. No. 37159-081505. AN ORDINANCE to amend 9936.1-3 and 36,1-4, Code of the City of Roanoke (1979), as amended, and Sheet Nos, 547 and 548, Sectional 1976 Zone Map, City of Roanoke, by amending cerlain conditions presently binding upon certain property previously conditionally zoned C-2, General Commercial District, by Ordinance No. 33759-040698, and placing such proffers on certain other property zoned C-2, General Commercial District; and dispensing with the second reading by title of this ordinance. WHEREAS, Faison-Southern Lane, LLC and Save-X 2, LLC have made application to the Council of the City of Roanoke to amend cerlain conditions presently binding upon Official Tax Nos. 5470115,5470113,5470114, 5470112,5470111,5470108, 54 70109,5470110,5480701 and 5480704, which property was previously rezoned by the adoption of Ordinance No. 33759-040698, adopted April 6, 1998; WHEREAS, Faison-Southern Lane, LLC and Save-X 2, LLC seek to have the subject property zoned C-2, General Commercial District, with proffers amended from those accepted by City Council in Ordinance No. 33759-040698, adopted April 6, 1998; WHEREAS, Faison-Southern Lane, LLC and Save-X 2, LLC seek to have the proffered conditions which they seek to have applied to the above-referenced parcels of property apply to Official Tax Nos, 5470104,5470103,5470102,5480717 and 5480718, which are zoned C-2, General Commercial District, WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by 936.1-693, Code of the City of Roanoke (1979), as amended, and after " conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on August 15,2005, after due and timely notice thereof as required by ~36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an , opportunity to be heard, both for and against the proposed amendment; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is ofthe opinion that the conditions now binding upon Official Tax l'Ios. 5470115,5470113,5470114,5470112,5470111,5470108, 54 70109,5470110,5480701 and 5480704, which property was previously rezoned C-2, General Commercial District, with proffers, by the adoption of Ordinance l'Io.33759-040698, adopted April 6, 1998, should be amended, and Official Tax l'Ios. 5470104, 5470103, 5470102, 5480717 and 5480718, zoned C-2, General Commercial District, should be rezoned to C-2, General Commercial District, with proffers, as set forth in the Third Amended Petition to Amend Proffers filed in the City Clerk's Office on July 29, 2005. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Sections 36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet l'Ios. 547 and 548 of the Sectional 1976 Zone Map, City of Roanoke, be amended to reflect that Official Tax Nos, 5470115, 5470113, 5470114, 5470112, 5470111, 5470108, 5470109, 547011 0,5480701,5480704,5470104,5470103,5470102, 5480718and 5480717 be rezoned C-2, General Commercial District, with proffers as set forth in the Third Amended Petition to Amend Proffers filed in the City Clerk's Office on July 29,2005, and as set forth in the report of the Planning Commission dated August 15,2005, so that the subject property is zoned C-2, General Commercial , District, with such proffers. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading oHhis ordinance by title is hereby dispensed with. ATTEST: /? ~ ~ j (~Ivt. City Clerk. - K:\ORDINANCES\O-AMENDPROFFERS (FAISON-SOUTHERN LANE) 08150S.DOC " " , , ~ '" THIRD AMENDED PETITION TO AMEND PROFFERED CONDITIONS AND PROFFER OF CONDITIONS IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA INRE: Amendment and Substitution of Proffered Conditions on eleven (11) and Proffer of Conditions on four (4) tracts ofland lying and being in the City of Roanoke, Virginia and briefly described as: Tax Map No. 5470115, 1.48 acres, Pine Groye, 4156 Southern Lane, S.W.; Tax Map No. 5470113, 0.5 acres, Part Lot 4, Maggie Redd Property, 4148 Southern Hill Lane, S.W.; Tax Map No. 5470114,0.84 acres, Pine Grove, Griffin Road, S.W.; Tax Map No. 5470112, 1.34 acres, Pine Grove, 4325 Southern Hills Lane, S.W.; Tax Map No. 5470111,1.19 acres, Pine Grove, 4134 Southern Lane, S.W.; Tax Map No. 5470108,0.51 acres, Pine Grove, Southern Lane, S.W.; Tax Map No. 5470109,0.71 acres, Pine Grove, 4146 Southern Hills Drive, S.W.; Tax Map No. 5470110, 0.06 acr~s, Pine Grove, Griffin Road, S.W.; Tax Map No. 5480701,0.18 acres, Part Parcel No.3, Pine Grove, 4118 Southern Hills Lane, S. W. and Tax Map No. 5480704, 5.3 acres, Pine Grove, 4116 Southern Hills Drive, S.W., Tax Map No. 5480718, .357 acres, Pine Grove, Franklin Road, S.W., Tax Map No. 5480717, .143 acres, Pine Grove, Franklin Road, S.W., Tax Map No. 5470103, .245 acres, Ogden, 4166 Franklin Road, S.W., Tax Map No. 5470104, .98 acres, Ogden, 4176 Franklin Rd., S.W., Tax Map No. 5470102,.4 acres, Ogden, Franklin Rd., S.W. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: By Ordinance No. 33759-040698 at the request of Southern Lane Group, LLC, a Virginia limited liability company, City Council rezoned the property identified as Tax Map Nos. 5470115,5470113,5470114,5470112,5470111,5470108,5470109,5470110,5480701 and 5480704 from R.S.-3 to C-2, General Commercial District, with proffered conditions. This property, together with Tax Map Nos. 5470103, 5470102, 5480717 and 5480718, which are also zoned C-2, General Commercial District, were to be combined as the site for a retail out parcel development as shown on map ofthe referenced property attached hereto as Exhibit A. {#O932227-1,093230-00041-O1} " ~ ',' Petitioner, Faison-Southern Lane, LLC, owns the above referenced property and is the contract purchaser ofthe property identified as Tax No, 5470104 which is zoned C-2, General Commercial District. Faison-Southern Lane, LLC requests that the proffered conditions which apply to the above-referenced parcels of property be amended and that the conditions proffered in this Petition apply to all of the property owned by or under contract to Petitioner Faison- Southern Lane, LLC. Save-X 2 LLC, the Virginia limited liability company that owns Tax Map No. 5470104, joins with Petitioner Faison-Southern Lane, LLC in this request. Petitioner, Faison-Southern Lane, LLC believes that the repeal of proffers in Ordinance No. 33759-040698 in favor of the conditions proffered in this Petition will further the intent and the purpose of the City's zoning ordinance and its comprehensive plan in that it would allow for a better use of the property of Petitioner. Petitioner hereby requests that the following proffers enacted by Ordinance No. 33759- 040698 be repealed: 1. The property will be developed in substantial conformity with the Development Plan prepared by Lumsden Associates, dated June 17, 1997, and revised August 7,1997, a copy of which is attached to the Petition for Rezoning as Exhibit B, subject to any changes required by the City as part of Comprehensive Development Plan review. 2. The exterior treatment of all buildings on the property shall be architecturally finished and shall be consistent in the use of architectural details and materials on all sides of the building. 3. All lighting on the property shall consist of fixtures designed with shields that direct illumination away from the adjoining residential neighborhood along the easterly side of Griffin Road. 4. All dumpsters, loading docks and heating/air conditioning handling units shall be screened from view by landscaping, masonry or metal screen walls. {#0932227-1,093230-OO04H1} 2 " ,. 5, There shall be no building :wall signs facing the residentially zoned neighborhoods along the easterly side of Griffin Road. 6. Outdoor advertising, as defined in the Roanoke City Code, shall not be permitted. , 7. The combined surface area of all signs on the commercial lots, including signs erected in a required yard, shall not exceed 2.5 square feet for each foot oflot frontage for the first one hundred feet oflot frontage, and an additional 1.0 square feet for each foot oflot frontage remaining. All freestanding sign structures shall be limited to one per lot with a signage area no greater than 100 square feet. 8. Tract E shall not be used as a restaurant. Any restaurants located on Tracts, D, G & F shall not be Fast Food restaurants. Any restaurants constructed on Tracts D, G & F shall contain odor abatement equipment to abate the disbursement of cooking odors to the outdoors. 9. Any structure constructed on Tract E, including a motel or hotel, will be no more than three (3) stories high or a maximum of 45 feet measured from ground level. 10. A sidewalk shall be included along the northern side of the relocated Southern Hills Drive, and continue along the eastern side of Southern Lane, such, sidewalk shall run the length of the relocated Southern Hills Drive on the site and that portion of Southern Lane shown on the Development Plan. 11. The following C-2 uses as designated in the Code of the City of Roanoke shall not be permitted on Tracts D, E, F or G: 36.1-206(11) Police stations. 36.1-206(14) Military reserve and National Guard centers. 36.1-206(15) Training facilities ,related to police, fire, rescue and ambulance uses. 36.1-206(19) Coliseums, stadiums, exhibition halls, and similar facilities, 36.1-206(21) Parks and playgrounds. 36.1-206(22) Drive-in movie theaters. 36.1-206(34) Neighbor~ood and highway convenience stores. (#0932227-1, 093230-00041-<l1) 3 .' ~ " ")' 36.1-206(35) Outdoor advertising subject to the requirements of section 36.1-440 et seq. 36.1-206(36) Gas stations. 36.1-206(39) Automobile 'cleaning facilities. 36, 1-206(40) Automobile repair establishments except painting and body shops. 36.1-206(42) Public parking structures. 36.1-206(44) Bus terminals for the loading and unloading of passengers. 36.1-206( 45) Veterinary clinics with no outside corrals or pens. 36.1-206(46), Kennels with no outside pens or "runs." 36.1-206(47) Plant nurseries and greenhouses including those with retail sales. (Ord, No. 28611, ~ 2, 4-27-87; Ord. No. 29932, 2- 20-90; Ord. No. 30648A, 8-26-9 1). 36.1-207(1) Group care facilities subject to the requirements of section 36.1-560 et seq. 36.1-207(4) Establishments primarily engaged in the sale or rental of automobiles, trucks and construction equipment including the incidental repair and maintenance of vehicles where the lot area is less than twenty thousand (20,000) square feet. 36.1-207(5) Automobile painting and body shops provided that there shall be no outdoor storage of damaged automobiles, equipment, auto parts or other materials. 36.1-207(9) Utility substations, transmission lines and towers, booster stations, relay stations and transformers, and similar uses provided that light, fumes, noise, unsightliness, or other associated activities or emissions are adequately screened from the surrounding neighborhood. 36.1-207(10) Medical laboratories. Additionally, open air markets selling second hand merchandise and other miscellaneous items shall not be permitted on Tracts D, E, F or G. 12. Signage approved by the petitioner and the City of Roanoke, and identifying the Southern Hills Neighborhood shall (#0932227-1,093230-00041.01) 4 . . ~ \ be placed on both sides of Southern Hills Drive at its intersection with Griffin Road. 13. Petitioner's landscape buffering/screening along Griffin Road shall be designed so that a row of evergreen trees shall face the residential neighborhood located on the easterly side of Griffin Road, followed by a second and interior row of deciduous trees, subject to any changes required by the City as part of Comprehensive Development Plan review. Petitioner hereby requests that the following proffered conditions be substituted and adopted for those existing proffers delineated above and apply to all of the referenced property owned by or under contract by the Petitioner: 1. The property will be developed in substantial conformity with the Concept Site Plan, The Home Depot, Franklin Road and Valley Avenue, City of Roanoke, Virginia prepared by Mattern & Craig, dated July 8, 2005, a copy of which is attached to this Petition as Exhibit B, subject to any changes required by the Virginia Department of Transportation or the City as part of Comprehensive Development Plan review. 2. The 105,000 ol: s.f. commercial building shall be architecturally finished in substantial conformity with the July 25, 2005, rendering of The Home Depot, City of Roanoke, Franklin Road & Valley Avenue, by Architectural Group International, a copy of which is attached to this Petition as Exhibit C. 3. Any outdoor light fixture shall be a full cutoff fixture or a decorative fixture with full cutoff optics. A "full cutoff fixture" shall mean an outdoor light fixture shielded in such a manner that all light emitted by the fixture, either directly from the lamp or indirectly from the fixture, is projected below the horizontal plane, A "decorative fixture with full cutoff optics" shall mean an outdoor light fixture with manufacturer-provided or manufacture-installed full cut- off optics. (#0932227-1,093230-00041.o1) 5 " 4. The spillover of lighting from any parking area on the subject property onto public rights-of-way or abutting property in residentially zoned districts shall not exceed one-half (0.5) foot candle at the properly line. 5. Any outdoor lighting in parking areas shall not exceed forly (40) feet in height. The maximum height shall apply to the height of the poles or other standards to which the fixtures are attached or the top most point of the fixture itself, whichever is higher. 6. Outdoor lighting information for the subject property shall be submitted during comprehensive development plan review. Such information shall include the following: (a) Location of all outdoor lighting fixtures including the manufacturer's specifications ofthe area to be lighted with such fixtures; (b) Plans indicating the location on the property, and the type, of illuminating devices, fixtures, lamps, supporls, reflectors and other devices; (c) Description ofthe illuminating devices, fixtures, lamps, supports, reflectors and other devices; (d) Photometric data, such as that furnished by manufacturers, showing the angle of cut off of light emissions; and ( e) Other information as may be deemed necessary by the Zoning Administrator to determine compliance with the lighting proffers. 7. All dumpsters, loading docks, heating/air conditioning handling units and ground mounted electrical transformer boxes shall be screened from view from public rights of way adjacent to the subject property by landscaping, masonry or metal screen walls. 8, There shall be no building wall signs facing the residentially zoned property along the easterly side of Griffin Road. {1/0932227-1,093230-00041-O'j 6 'y ~ 9. Signage provided by the petitioner and approved by the City of Roanoke, and identifying the Southern Hills Neighborhood shall be placed on the side of Griffin Road near its intersection with Roy Drive. 10. Landscaping shall be as shown on the Concept Landscape Plan, The Home Depot, Franklin Road and Valley Avenue, City of Roanoke, Virginia, dated July 8, 2005, prepared by Mattern & Craig, a copy of which is attached hereto as Exhibit D, subject to any changes required by the City as part of Comprehensive Development Plan review. 11. The following C-2 uses as designated in the Code of the City of Roanoke shall be permitted on the subject properties: 36.1-206(1) Dwellings located above ground floor nonresidential uses. 36.1-206 (3) Trade, business and art schools of a nonindustrial nature. 36.1-206 (4) Trade and vocational schools ofan industrial nature. 36.1-206 (6) Day care centers with unlimited capacity subject to the requirements of section 36.1-510 et seq. 36.1-206 (7) Churches, synagogues and other places of worship including accessory colUinbariums. ' 36.1-206 (8) Libraries, museums, art galleries and ar1 studios and other similar uses including associated educational and instructional activities. 36.1-206 (16) Post offices. 36.1-206 (17) Indoor recreational uses including bowling alleys, indoor termis courts, squash courts, fitness centers and other similar uses. 36.1-206 (18) Theaters with unlimited seating capacity. 36.1-206 (20) Outdoor recreational facilities including swimming clubs, tennis courls, athletic facilities and other similar uses. 36.1-206 (23) General and professional offices including financial institutions. (#O932227-1,093230-00041-O1) 7 ,) 36.1-206 (24) Medical clinics. 36.1-206 (25) Medical offices. 36.1-206 (26) General service establishments, except for repair or maintenance of motor yehicles or trailers, provided that, all repair or maintenance activities shall occur in a wholly enclosed building. , 36.1-206 (27) Funeral homes. 36.1-206 (28) Restaurants. 36.1-206 (29) Hotels, motels, and inns. 36.1-206 (30) Bed and breakfast establishments subject to the requirements of section 36.1-520 et seq. 36.1-206 (31) General retail establishments primarily engaged in the retail sale or rental of merchandise, goods, or products except automobiles, trucks, or construction equipment; and including the incidental repair and assembly of merchandise, goods or products to be sold on the premises. 36.1-206 (32) Open air markets selling farm produce, crafts, plants, secondhand merchandise and other miscellaneous items. 36.1-206 (33) Food stores with unlimited gross floor area. 36.1-206 (34) Neighborhood and highway convenience stores, provided that no motor yehicle service station canopy over a gas pump island shall be allowed, unless: (a) Such canopy shall have a maximum clear, unobstructed height to its underside not to exceed fourteen (14) feet six (6) inches and a maximum overall height not to exceed sixteen (16) feet six (6) inches; (b)' There shall be no illumination of any portion of the fascia ofthe canopy; (c) Any lighting fixtures or sources oflight that are a part of the underside of the canopy shall be recessed into the underside of the canopy so as not to protrude below the canopy ceiling. All such lighting associated with the canopy shall be directed downward toward the pump islands and shall not be directed outward or away from the site. (d) The vertical dimension of the fascia of such canopy shall be no more than two (2) feet; and {#0932227-1,093230.Q0041.Qlj 8 ~' ~ (e) Signs attached to or on such canopy shall not be illuminated and shall not extend beyond the ends or extremities of the fascia of the canopy to which or on which they are attached. 36.1-206 (37) New motor vehicle sales and service establishments, provided the lot area for this use is no less than forty thousand (40,000) square feet. 36.1-206 (38) Auto accessory sales with related installation. 36.1-206 (43) Storage and warehouse activities which are accessory to a retail use where all storage activities are wholly enclosed in a building which is located on the same lot as the retail use and where the gross floor area of buildings used for storage activities does not exceed fifty (50) percent of the gross floor area of the retail use. 36.1-206 (47) Plant nurseries and greenhouses including those with retail sales. 36.1-206 (48) Commercial printing establishments which print newspapers, publications, and other materials. 36.1-206 (49) Personal service establishments. 36.1-206 (50) Business service establishments. 12. The following C-2 uses as designated in the Code of the City of Roanoke shall be permitted on the subject properties by Special Exception granted by the Board of Zoning Appeals: 36.1-207 (2) Fast food restaurants. 36.1-207 (7) Establishments primarily engaged in the wholesale distribution of goods where all related activities are wholly enclosed in a building provided that: (a) The total gross floor area of buildings on a lot shall not exceed twelve thousand (12,000) square feet. (b) highway. The use is located on a major arterial road or 36.1-207 (8) Manufacturing, assembly, mixing, processing or other processes which are accessory to a retail use, where all such activities are wholly enclosed in the same building as the retail use (1I0932227-1,093230-00041-01} 9 , and where no more than fiye (5) people are involved in such processes on the premises. )3, As any development on Tracts B and C, as identified on the Concept Site Plan (Exhibit B), will be visible from public roads from multiple directions, the architectural treatment and palette of exterior materials utilized for any structure built on either ofthese tracks shall be applied to all facades of such structure in a consistent and uniform manner. 14. The seasonal sales area designated on the Concept Site Plan (Exhibit B) will be used solely for the seasonal sale of plants, shrubs, trees and assorted potted nursery products together with associated bag products such as mulch, top soil and potting soil. The seasonal sales area will be in use, intermittently, for approximately six months per year for the sale of plants and plant related items appropriate to the time ofthe year, such as spring and summer live plants and Christmas trees and related greenery. No buildings, sheds, trailers, lawn mowers, gas grills, tractors or similar items will be displayed, stored or sold in the seasonal sales area. 15. Ifrequested by the City as part of the Comprehensive Development Plan review, a natural non-handicapped accessible pedestrian access will be located between the Home Depot parking lot and Griffin Road near its intersection with Southern Hills Drive. 16. The finished grade of Griffin Road between its intersection with Southern Lane and its intersection with Southern Hills Drive as shown on the Concept Site Plan (Exhibit B) will not exceed twelve and one-half (12 y,) percent. 17. There will be no outdoor storage of goods, materials or merchandise other than as proffered for the seasonal sales area designated on the Concept Site Plan (Exhibit B) and the areas surrounded by ornamental fence shown on the Concept Site Plan (Exhibit B) and the Rendering of the Home Depot building (Exhibit C). (#O932227-1,093230-00041-O1) 10 ~ " / , ~ Attached as Exhibit E 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. WHEREFORE, the Petitioner requests that the above~described amended proffers be approved as herein set out in accordance with the provisions ofthe Zoning Ordinance ofthe City of Roanoke. Respectfully submitted, thisZl"th day of July, 2005. Respectfully submitted, FAISON-SOUTHERN LANE, LLC By: {~dlf SA VE-X 2, LLC By: :::VE-XUi0V/ Kent Roberts Pres. James F. Douthat, Esq. Woods Rogers PLC 10 S. Jefferson Street, Suite 1400 P.O. Box 14125 Roanoke, VA 24038-4125 540-983-7662 Counsel for Faison-Southern Lane, LLC Arid Save-X 2 LLC {#O932227-1,093230-<)0041-01) 11 ",','I! t:m. ':tdli ,,1 I . . " ':""', . \., ,\ .', I:' J ' I' iI ..., , j. ~ i.... .... /,!.'I-Itl i '~~I ~ ~ ~ ~. ~ ~. .() -i , ~.. If/II~ . . '1//1' . ., Ii '15 ' ,I iI \ -... \,-" . I ,I nlll! I 'I , ~ ilrI:~ IfI" ~ , i'"" r;IIH 'ldi !l f , f , . ~'l i I I j ,I, 1III i : i, ) ~:, I I l, \ i '" "'\ 'J"':-) ,r\i: f-I"~:':\" I I: Ii ..J,\ . " I .._~ ~ I 'I: . .. -.: ~ " i" i~\: I:~ r~\:\ I ; \,1' if: I., 'I . : ,\, ,', 1111: A,!ill" nL-, 4~1!~"1 i! 'I' ,I I,' &~ I 'I' ~~ 't I Iri _L" " , " , !,J 1_, . , , QI , , J:' i ~' 'i ~.>:. ~ I J I L 'j j~: i I' 'I ! I I ~ j I ~ I 1'1 i !~I, II~ Ii: h fi' ; I Ii: ill il, I , 'I' }.v i ~ ~! ,I ;". , t' I ! .." ':' " . '\ . . [, I ,,_ :1 , .. "" 'I' . 'I ' 'I I. ; -I .J,.: j'i 'I' ! 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I,..' .... .\, ~.~ .~'.'. ~\~., >.-. . \ i. \\\ s~ ~\il:\~ ~\\~ \, 0 .. /c:::: '-;I ( ;-)'1 " - G\\// ' , \,.......... \ / ' \ "J II ~.~ ~ l " ....- 'l'~:;;"';o~ '.=''''''~'-- ~.--::.:.i1I14!!~:: -;::;. '--'\IO.~~ ~I __ " " \~'" \~)\~'" \'Zi\.' '~/' \ \~1 \ " \..'6\ \ I \-\, " ' ~\\\\" \ \ ':<'\\ \, I \\\N' ..- \~\ \1 \ ~\\ \~~. '.... '\',:-.(\, ~ ""':\: -'\, '~ --\.... I, ,\ \ \\. ' \ \ '\ " o jlUl f.lCONCEPT =~~E PlAN ~ lJ ~~~~ 1~~I~r ~g ~ . . I . " . ~ ADJACENT PROPERTY CITY OF ROANOKE, VIRGINIA TAX NO. OWNER MAILING ADDRESS 5470116 New Plan Realty Trust P.O. Box 4900. Scottsdale. AZ 85261 547020] WR Grant 1613 Dunbar St. NW, Roanoke. VA 240]2 548040] lames A. Allman 1630 lumping Run Dr., Goodview, VA 24095 548030] Virginia L. Cobbs 4208 Southern Hills Dr., SW, Roanoke, VA 24014 5480341 101m W. & Mary Ann Spring 1757 Tapo Canyon Suite 300, Simi Valley, CA 93063 ' 5480121 Rama May Ford 4215 Roy Drive, SW. Roailoke, VA 24014 5480703 Henrv H. & Madeline D. Muse 4049 Griffin Rd., SW. Roanoke, VA 24014 5480716 City of Roanoke, Virginia 1317 Loudon Ave., NW, Roanoke, VA 24014 5480706 A. Garv & Jeanne Yamine 6760 Christonher Dr., Roanoke, VA 24018 5480705 Char]es E. & Catherine C. Lon!! 4527 Burma Rd., Radford. VA 24141 5470104 SA VB-X 2 LLC 416 S. lefferson St., Ste. 205, Roanoke, VA 24011 COUNTY OF ROANOKE, VIRGINIA PARCELID# OWNER MAILING ADDRESS 087.08-05-01.00- Lowes Home Centers Inc. 4224 Valley A venue, Roanoke, VA 24014 0000 087.08-05-02.00- Just Duus II LLC 4347 Franklin Road, Roanoke, VA 24014 0000 077.20-0]-40.00- First National Exchange 4143 Franklin Road, Roanoke, VA 24014 0000 Bank 087.08-01-02.00- Old Heritage Corp. 4252 Summit Street, Roanoke, VA 24014 0000 (tI092207e.l.l08211.oooo0.(1) " PROFFERED CONDITIONS ORDINANCE NO. 37159-081505 1. The properly will be developed in substantial conformity with the Concept Site Plan, The Home Depot, Franklin Road and Valley Avenue, City of Roanoke, Virginia prepared by Mattern & Craig, dated July 8, 2005, a copy of which is attached to this Petition as Exhibit B, subject to any changes required by the Virginia Department of Transporlation or the City as part of Comprehensive Development Plan review. 2, The 105,000 o!o s.f. commercial building shall be architecturally finished in substantial conformity with the July 25,2005, rendering of The Home Depot, City of Roanoke, Franklin Road & V alley Avenue, by Architectural Group International, a copy of which is attached to this Petition as Exhibit C. 3, Any outdoor light fixtUre shall be a full cutoff fixture or a decorative fixture with full cutoff optics. A "full cutoff fixture" shall mean an outdoor light fixture shielded in such a manner that all light emitted by the fixture, either directly from the lamp or indirectly from the fixture, is projected below the horizontal plane. A "decorative fixture with full cutoff optics" shall mean an outdoor light fixture with manufacturer-provided or manufacture-installed full cut- off optics. 4, The spillover oflighting from any parking area on the subject property onto public rights-of-way or abutting property in residentially zoned districts shall not exceed one-half (0,5) foot candle at the property line. {#101436~.1, 093.230,o0041COJ} u ~ " 5. Any outdoor lighting in parking areas shall not exceed forly (40) feet in height. The maximum height shall apply to the height of the poles or other standards to which the fixtures are attached or the top most point of the fixture itself, whichever is higher. . 6. Outdoor lighting information for the subject property shall be submitted during comprehensive development plan review. Such information shall include the following: (a) Location of all outdoor lighting fixtures including the manufacturer's specifications ofthe area to be lighted with such fixtures; (b) Plans indicating the location on the properly, and the type, of illuminating devices, fixtures, lamps, supporls, reflectors and other devices; (c) Description of the illuminating devices, fixtures, lamps, supporls, reflectors and other devices; (d) Photometric data, such as that furnished by manufacturers, showing the angle of cut off oflight emissions; and (e) Other information as maybe deemed necessary by the Zoning Administrator to determine compliance with the lighting proffers. 7. All dumpsters, loading docks, heating/air conditioning handling units and ground mounted electrical transformer boxes shall be screened from view from public rights of way adjacent to the subject property by landscaping, masonry or metal screen walls. 8. There shall be no building wall signs facing the residentially zoned property along the easterly side of Griffin Road; _ - _{fjt_1g.!~~~1.~ f~,.q~,~f~P:2D.Q.~t=9_1} 2_ n " 9. Signage provided by the petitioner and approved by the City of Roanoke, and identifying the Southern Hills Neighborhood shall be placed on the side of Griffin Road near its intersection with Roy Drive. 10. Landscaping shall be as shown on the Concept Landscape Plan, The Home Depot, Franklin Road and Valley Avenue, City of Roanoke, Virginia, dated July 8, 2005, prepared by Mattern & Craig, a copy of which is attached hereto as Exhibit D, subject to any changes required by the City as part of Comprehensive Development Plan review. 11. The following C-2 uses as designated in the Code of the City of Roanoke shall be permitted on the subject properties: 36.1-206(1) Dwellings located above ground floor nonresidential uses. 36.1-206 (3) Trade, business and art schools of a nonindustrial nature. 36.1-206 (4) Trade and vocational schools of an industrial nature. 36.1-206 (6) Day care centers with unlimited capacity subject to the requirements of section 36.1-510 et seq. 36.1-206 (7) Churches, synagogues and other places of worship including accessory columbariums. 36.1-206 (8) Libraries, museums, art galleries and art studios and other similar uses including associated educational and instructional activities. 36.1-206 (16) Post offices. 36.1-206 (17) lndoorrecreational uses including bowling alleys, indoor tennis courts, squash courls, fitness centers and other similar uses. 36.1-206 (18) Theaters with unlimited seating capacity. _..,,_ .f~1,~1436':' ,~932"."'00041.o2l, 3 ~ 36.1-206 (20) Outdoor recreational facilities including swimming clubs, tennis courts, athletic facilities and other similar uses. 36.1-206 (23) General and professional offices including financial institutions. 36.1-206 (24) Medical clinics. 36.1-206 (25) Medical offices, 36.1-206 (26) General service establishments, except for repair or maintenance of motor vehicles or trailers, provided that, all repair or maintenance activities shall occur in a wholly enclosed building. 36.1-206 (27) Funeral homes. 36.1-206 (28) Restaurants. 36,1-206 (29) Hotels, motels, and inns. 36.1-206 (30) Bed and breakfast establishments subject to the requirements of section 36.1-520 et seq, 36.1-206 (31) General retail establishments primarily engaged in the retail sale or rental of merchandise, goods, or products except automobiles, trucks, or construction equipment; and including the incidental repair and assembly of merchandise, goods or products to be sold on the premises. 36.1-206 (32) Open air markets selling farm produce, crafts, plants, secondhand merchandise and other miscellaneous items. 36.1-206 (33) Food stores with unlimited gross floor area, 36.1-206 (34) Neighborhood and highway convenience stores, provided that no motor vehicle service station canopy over a gas pump island shall be allowed, unless: (a) Such canopy shall have a maximum clear, unobstructed height to its underside not to exceed fourleen (14) feet six (6) inches and a maximum overall height not to exceed sixteen (16) feet six (6) inches; (b) There shall be no illumination ofanyporlion of the fascia of the canopy; (c) Any lighting fixtures or sources of light that are a part of the underside of the canopy shall be recessed into the _,., ,(#10.14361.1, o.~~2~o.-~Qq4,1,,01) . '" A ~ underside of the canopy so as not to protrude below the canopy ceiling. All such lighting associated with the canopy shall be directed downward toward the pump islands and shall not be directed outward or away from the site, (d) The verlical dimension of the fascia of such canopy shall be no more than two (2) feet; and (e) Signs attached to or on such canopy shall not be illuminated and shall not extend beyond the ends or extremities of the fascia of the canopy to which or on which they are attached. 36.1-206 (37) New motor vehicle sales and service establishments, provided the lot area for this use is no less than forly thousand (40,000) square feet. 36.1-206 (38) Auto accessory sales with related installation, 36.1-206 (43) Storage and warehouse activities which are accessory to a retail use where all storage activities are wholly enclosed in a building which is located on the same lot as the retail use and where the gross floor area of buildings used for storage activities does not exceed fifty (50) percent of the gross floor area ofthe retail use. 36.1-206 (47) Plant nurseries and greenhouses including those with retail sales. 36.1-206 (48) Commercial printing establishments which print newspapers, publications, and other materials. 36,1-206 (49) Personal service establishments. 36.1-206 (50) Business service establishments. 12. The following C-2 uses as designated in the Code of the City of Roanoke shall be permitted on the subject properlies by Special Exception granted by the Board of Zoning Appeals: 36.1-207 (2) Fast food restaurants. 36.1-207 (7) Establishments primarily engaged in the wholesale distribution of goods where all related activities are wholly enclosed in a building provided that: ' :,_ .. ,.,:<#J,Q1,~.3~1:.1,093230.00041:01}_ 5 , (a) The total gross floor area of buildings on a lot shall not exceed twelve thousand (12,000) square feet. (b) highway. The use is located on a major arlerial road or 36.1-207 (8) Manufacturing, assembly, mixing, processing or other processes which are accessory to a retail use, where all such activities are wholly enclosed in the same building as the retail use and where no more than five (5) people are involved in such processes on the premises, 13. As any development on Tracts B and C, as identified on the Concept Site Plan (Exhibit B), will be visible from public roads from multiple directions, the architectural treatment and palette of exterior materials utilized for any structure built on either of these tracks shall be applied to all facades of such structure in a consistent and uniform manner. 14, The seasonal sales area designated on the Concept Site Plan (Exhibit B) will be used solely for the seasonal sale of plants, shrubs, trees and assorled potted nursery products together with associated bag products such as mulch, top soil and potting soil. The seasonal sales area will be in use, intermittently, for approximately six months per year for the sale of plants and plant related items appropriate to the time of the year, such as spring and summer live plants and Christmas trees and related greenery. No buildings, sheds, trailers, lawn mowers, gas grills, tractors or similar items will be displayed, stored or sold in the seasonal sales area. 15. If requested by the City as part ofthe Comprehensive Development Plan review, a natural non-handicapped accessible pedestrian access will be located between the Home Depot parking lot and Griffin Road near its intersection with Southern Hills Drive. . (#lq!4~.~\-,1"q.9_32~O-O004_1-O!)_ _,... 6 ) 16. The finished grade of Griffin Road between its intersection with Southern Lane and its intersection with Southern Hills Drive as shown on the Concept Site Plan (Exhibit B) will not exceed twelve and one-half (12 \1,) percent. 17, There will be no outdoor storage of goods, materials or merchandise other than as proffered for the seasonal sales area designated on the Concept Site Plan (Exhibit B) and the areas surrounded by ornamental fence shown on the Concept Site Plan (Exhibit B) and the Rendering ofthe Home Depot building (Exhibit C). _,(#1014~61:1c~~~,23.0:<!~04!:<>.1l, 7 ." __ __ _d_....T.."~. _~c.,._-.,__, . __."m___ .___ - -- ."~. --"-"","~"-"-''',''-''.-''_"'''''-'-,-- "-- ;'~.'~---,_.-.e---C-'-_~''''''.-.''_7f':.'.'C~ " ~ '.' . \ . r' I 'I "f. Ii ' ,~ l~1 11,11'1 i I ' III i" I ! !, t!, ,I , 'I ,. II " ') I, II, , : \: >~: I. I '~._.,\\ ..,.d I , "J J, i I 't :::\\ ! : ,I ::':1\ ~ ,-, ..~.. ( ~ 1:1 i . --.:~l \ " ,III! 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" ~.tiil 0 ~ 1:=8; ~ VI 6 m m r- ~ ::J o z , ~ ,..., z (;) ;0 m VI o m Z -f )> r- C VI m " ;0 o " o VI 8 ~ ;0 o m Z ,..., ~ ;0 I ~ VI 6 m m r- ~ ::J o z ~ ~ I ~ ~ l ~ ~ ~ i ~ ~ ~ z ~ ~ ., I ~ I ~ ! ~ ~ " " ~ ,..., z (;) ;0 ~ r- (;) Z m o ~ r- r- m -< ~ rn ~ ~ ~ ~ e ~ ~ ~ ~ l ~ ~ ~ ~ "'D .. "~ . ~ . l/ ~ ~ ~ ., e ~ c ~ ~ 8 ~ F ~ 8 ~ '" ~ ~ l/ z ~ ~ ll! 8 II ~ i > ~ I ~ ~ . . . , 'I' : ; (/'[ ~I . I' i . 'I ' I' Iii I' I~ I, I , ,: I . II, ! t I Mil' , ;11 , . I ttJ. ,: , I __, I'll ~ IIII1IUIIII'IIUI II ~'\ ' .. . ~II '" ( Ii ' I 4 'l;. II jill' I'I! ; ,I" I, Ij :1', I ' .,. // - ~ " ~~ - \..!-t: L.. - - i \ ',\ \ .. -" C .- ~\( ;" \, ,)L~.\\~/ ' , t \ \..,.. ""} \,,,,J -:;;"1.y.@l9-~ ~~ " i' \~ ~'\,\ \ \ ,\\ \ I"NL- ~\~ ,~ \ ---0-- . \\ '. _---"l) . "11\\'\' ' ,,,I '::, \, \ . . -.J..- -~ '." \ , .' .- , , \ \ \ \ 1 \ .! . .-1 - ...~ 0 r \; \ \ ~ : \. , ' . , . \ \ \ jJ..:..j_i..J-t:._ :~_~ \ ,\ I' \ ._ \ \ \ .!.l. } _ ._.~ ,~, i," _ -f:-- rf'\\- . _('~:_' "~I,l' \\"ll\'~____ ~ r:. \\l'("fG':Tfl.'.s.. " (:!>. "" --- C' ~<D~ ~ ::;;. - ~- _1_ ill :JII~ f',!" ,1'1 I--\~- :ilum ,.,. " ' ~ "'I " .. j . I \ ~i 'li. t" .......... :~, ..'i'~;'j~tC":'_~-:"';'i'~{,:.:':-'_:7:::~: fi '';.W ~ . ~. . ... . '&;;?!J . ~lW;!jG:l CITY OF ROANOKE OFFICE OF THE CITY CLERK 21:' Chun.:h ..\n~lluc. S. \\'.. Room -1-56 Roanoke. Virginia 24011-1536 Tdt'phnnl" (5-1-0) S5~-2."':! F".\: (5.;0) S~"H 1-l-5 F.-milil: l"krk@mimok~'\'3.g(1\' SIlEJL~ t>. HARTM '\.~ Dl'PUI} Clly ('led, STEPHA.,IE fI..1. i\.100\l. ('\Ie Cit) Clerk April 3, 2007 File #183 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 37720-040207 authorizing the proper City officials to execute a contract for the provision of a Turn Key On-Site Parts Operation for the City's Fleet Division at the City's Public Works Service Center, which will include a license for such contractor to use a section of the Public Works Service Center for such Operation; and authorizing the City Manager to implement, administer, and enforce such contract. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 2, 2007, and is in full force and effect upon its passage. Sincerely, IY),~ 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 Kenneth S. Cronin, Director of General Services Ken Bernard, Fleet Manager Sharon T. Gentry, Purchasing Manager ~ CITY OF ROANOKE INTERDEPARTMENTAL COMMUNICATION DATE: April 18,2007 TO: Sharon T. Gentry, Purchasing Manager FROM: Gary E. Tegenkamp, Assistant City Attorney .J;):I; SUBJECT: Contract for a Turn Key On-Site Parts Operation dated April 17, 2007 between the City of Roanoke, Virginia, and Genuine Parts Company Attached is one completed duplicate original of the above Contract and Exhibits 1, lA, 2, 3, Exhibit A to 3 (drawing), and a copy of the Contractor's Response to RFP No. 07-02-04. The other duplicate original was sent to Heather K. Peck, the attorney for Genuine Parts Company. 1 am also attaching a copy of my letter dated April 18,2007, to Heather Peck for your file. This Contract was authorized by Ordinance No. 37720-040207, adopted by Council on April 2, 2007. Since this matter was authorized by Council, I am providing Stephanie Moon, City Clerk, with a copy of this Memo advising her that the completed duplicate original has been sent to you for filing with the Purchasing Division and that if the City Clerk needs to have a copy of any of the documents or to place a copy in the City Clerk's files, they can request a copy from you or me. Otherwise, they can place a copy of this Memo in the City Clerk's file to indicate where the duplicate original of the Contract has been filed, together with the exhibits. The insurance certificates required by the Contract have been signed by Glenn Asher and are attached. Since this Contract was requested by Ken Cronin and Ken Bernard for the Fleet Division, I am forwarding Ken Bernard a copy of the completed Contract, together with the exhibits mentioned above. It is my understanding that Ken Cronin, or his office, will oversee this Contract and that Ken Bernard will handle the day-to-day administration, enforcement, and other operations connected with the Contract. I wish to call your attention and their attention to the fact that this Contract does provide for review of the compensation issues every 90 days and that if the compensation provisions of the Contract need to be modified and/or adjusted, that should be done through appropriate change orders to the Contract, which change orders this office should review prior to sending those items to the Contractor's representatives. \ , Sharon T. Gentry, Purchasing Agent Page Two April 18, 2007 I believe that this completes this office's involvement on this matter as of this time. However, if you have any questions or need further information or if Ken Cronin or Ken Bernard have any questions or need further information, please feel free to contact me. I wish to thank you, Ken Bernard, and Ken Cronin, for your assistance and cooperation in working on this matter and I am glad we were able to complete the Contract and have it executed in such an expedited fashion. GET:snj Attachments' c: Stephanie M. Moon, City Clerk (w/o enclosure) Kenneth Cronin, Director of General Services (w/o enclosure) Kenneth Bernard, Fleet Manager (wi enclosure) William M. Hackworth, City Attorney (w/o enclosure) K:\My Documents\Susan Documents\Tegenkarnp\Purchasing\Genuine Parts Company\Memo to Sharon Gentry.doc }J1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of April, 2007. No. 37720-040207. AN ORDINANCE authorizing the proper City officials to exccute a contract for the provision of a Turn Key On-Site Parts Operation for the City's Fleet Division at the City's Public Works Service Center (PWSC), which will include a license for such contractor to use a section of the PWSC for such Opcration; authorizing the City Managcr to implement, administer, and enforce such contract; and dispensing with the sccond rcading by title of this ordinance. WHEREAS, the City issued a Request for Proposal (RFP) for the above malter and received three responses; WHEREAS, the apparent successful offeror has requested changes or modifications to certain sections of the sample contract proposed in the RFP and the Revocable License Tenus and Conditions referred to in such RFP, such sections being 1,2,3,9, 11, 14,30,32, and Exhibit 2 ofthc samplc contract, and sections 4, 14, 16, and 19 of the proposed Revocable License TernlS and Conditions. Therefore, these items as well as the final scope of services and compensation issue are subject to further negotiations with City staff; and WHEREAS, on April 2, 2007, at Council's regular 2:00 p.m. meeting, a public hcaring was held, pursuant to §§ 15.2-1800(B) and 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on this malter. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: I. The City Manager and the City Clerk are authorized to execute and attest, respectively, in a foml approved by the City Attorney, a contract for the provision of a Turn Key On- Site Parts Operation for the City's Fleet Division at the City's PWSC. Such contract may provide for a license for such contractor to use a section of the PWSC (not to exceed a total of 5 years) for such Operation and shall contain substantially similar terms and provisions as set out in the sample contract and Revocable License Terms and Conditions attached to the City Manager's letter to Council dated April 2, 2007, except that those matters still subject to negotiation, as noted above, may be addressed by providing for such terms and provisions as the City Manager deems appropriate, whether or not similar to those in the sanlple documents. 2. The City Manager is further authorized to take such actions and execute such documents as may be necessary to implement, administer, and enforce such contract, including any change to the amount involved, subject to the amount of funds available and appropriated, and/or the time of performance, including any extensions to such contract, not to exceed an initial term of two years, with up to three additional one year terms, as provided in the RFP. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: . h1. ~Ovv' City Clerk. 2 CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor tvlunicipallluilding 215 Church Avellue, S.'vV., Room Jh4 !{O,lllllke, Virginia 24011-1591 T~'h'l~ihllh': :;-l,i) l'i~:"'i-.::~:n 1=,1.' (:;·111) H3~-11.1S Cit\' \\'1'1>. w\\'\\.rO<llltlk"\",l.gll\' April 2, 2007 The Honorable C. Nelson Harris, Mayor The Honorable David B. Trinkle, Vice-Mayor The Honorable Alfred T. Dowe, Jr., Council Member The Honorable Beverly T. Fitzpatrick, Jr., Council Member The Honorable Sherman P. Lea, Council Member The Honorable Gwendolyn W. Mason, Council Member The Honorable Brian J. Wishneff, Council Member Dear Mayor Harris and Members of City Council: Subject: Request for Revocable License and Contract to use part of Public Works Service Center for a Turn Key On-Site Parts Operation Background: The City of Roanoke issued a Request for Proposals (RFP) for a Turn Key On-Site Parts Operation to be provided at the City's Public Works Service Center (PWSC) in order to support the Fleet Division. The City's Fleet Division is responsible for the acquisition, repair, maintenance, and disposal of equipment and vehicles for the City. Such an on-site Operation will enable the Fleet Division to more effiCiently perform its work. After proper advertisement, three responses were received by the March 20, 2007, 2:00 P.M. deadline. City staff is in the process of evaluating and negotiating a contract with the offeror whose proposal will best further the interests of the City, as determined by the City Manager, after recommendations from the interview committee. However, since any resultant contract will involve the City providing the use of a designated section (approximately 1,388 square feet) of the PWSC for use by the selected offeror to Honorable Mayor and Members of City Council April 2,2007 Page 2 conduct such Operation, the City must hold a public hearing on that matter. A copy of a draft sample contract, together with Exhibit 3 (Revocable License Terms and Conditions) and a drawing of the proposed License Area, is attached to this letter. However, several items in these documents as well as the final scope of services and compensation issues are subject to further negotiations between the apparent successful offeror and City staff. Recommended Action: Following the public hearing, adopt an ordinance authorizing the City Manager, after completion of the selection process, to execute a contract with the selected offeror for such offeror to provide a Turn Key On-Site Parts Operation for the City's Fleet Division at the PWSc. Such contract may contain such terms and provisions as the City Manager deems appropriate, whether or not similar to those in the sample contract for the use of a part of the PWSC (not to exceed a total of S years) by the selected offeror for the purpose of conducting such an Operation. Such contract shall be approved as to form by the City Attorney. Authorize the City Manager to take such actions and execute such documents as necessary to implement, administer, and enforce any such resultant contract, including any changes to the amounts involved, subject to the amount of funds available and appropriated, and/or the time of performance, to include any extensions of the resultant contract. Respectfully submitted, ~ l' 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 Kenneth Cronin, Director of General Services Ken Bernard, Fleet Manager Sharon Gentry, Purchasing Manager CM07-00041 SAMPLE CITY OF ROANOKE, VIRGINIA CONTRACT FOR A TURN KEY ON-SITE PARTS OPERATION This Contract is dated ,20_, between the City of Roanoke, Virginia, a Virginia municipal corporation, hereinafter referred tei as the "City" or "Owner", and (legal name and address 01 contractor hereinafter referred to as the "Contractor, applicable.} {a Partnership.} {a {NOTE: Use one of the following if corporation,} {an Individual.} {a Limited Liability Company.} WITNESSETH: WHEREAS, Contractor has been awarded this nonexclusive Contract by the City for furnishing all equipment. materials, goods, labor, and services necessary for providing the City with a Turn Key On-Site Parts Operation (Parts Operation) at the Public Works Facility, located at 1802 Courtland Avenue NW. Roanoke. Virginia, for the City's Fleet Division, and associated work in accordance with this Contract and the documents referred to herein. all such items or services also being referred to hereinafter as the Work or Project. NOW, THEREFORE, THE CITY AND THE CONTRACTOR AGREE AS FOLLOWS: SECTION 1. WORK TO BE PERFORMED AND DOCUMENTS. For the consideration hereinafter specified to be paid and/or provided by the City to the Contactor for the Work provided for in this Contract to be performed by the Contractor. the Contractor hereby covenants and agrees with the City to fully perform the services, provide any parts and materials called for, and complete the Work called for by this Contract in a good and workmanlike manner in accordance with this Contract and the documents referred to herein in order to fully and properly complete this Contract within the time stipulated, time being made of the essence for this Contract. Although the City intends to obtain most of the parts the Fleet Division needs from the Contractor, the City reserves the right, in the City's sole discretion, to obtain any such parts and/or supplies from other sources. It is also agreed by the parties hereto that the documents to this Contract consist of this Contract and the following documents listed below (Contract Documents). all of which are and constitute a part of this Contract as if attached hereto or set out in full herein, viz: 1. Scope of Services to be provided by the Contractor to the City (Exhibit-1) (This exhibit will be provided after negotiations with the successful Offeror, but before award.). 2. Insurance Requirements (Exhibit-2), 3. Terms and Conditions for License for Contractor to use City property (Exhibit-3). 4. Request for Proposal (RFP) No. 07-02-04, which is incorporated herein by reference, 5. Contractor's proposal response to RFP No. 07-02-04, The parties agree that if there are any differences between the provisions of the above referenced documents, the provisions of the City documents and this Contract will control over any Contractor supplied documents or information. SECTION 2. CONTRACT AMOUNT. The City agrees to pay the Contractor for the Contractor's complete and satisfactory performance of the Work, in the manner and at the time set out in this Contract, the amount, less any discounts, of the parts and/or supplies that City personnel may periodically obtain and/or request and accept from Contractor in the manner and as provided for in this Contract. but the total amount for all such items shall not exceed $ per year without the prior written consent of the City. Furthermore, this Contract amount may be increased or decreased by additions and/or reductions in the Work as may be authorized and approved by the City, and the Contract amount may be decreased by the City's assessment of any damages against the Contractor, as may be provided for in this Contract or by law, and the City retains the right of setoff as to any amounts of money the Contractor may owe the City. However, Contractor further acknowledges and agrees that there is no guarantee of any minimum amount of parts and/or supplies that may be requested by the City, SECTION 3. A. The term TERM OF CONTRACT. of this Contract will be for two (2) years, from , through , at which time it will terminate, unless sooner terminated pursuant to the terms of the Contract or by law or unless extended as set forth herein at the option of the City. At the City's option, the Contract may be extended for up to three (3) additional one (1) year periods or any combination thereof. The City may exercise its option by giving written notice of such to the Contractor at least sixty (60) days before the expiration of the initial term or any subsequent extension term. B. All terms and conditions shall remain in force for the initial term of the Contract and for any renewal term unless modified by mutual agreement of both parties. (The remaining part of this subsection will be completed after negotiations with the successful Offeror but before award.) SECTION 4. TIME OF PERFORMANCE. The Contractor shall commence the Work to be performed under this Contract on , 2007, and provide the parts and/or supplies on an ongoing basis to the City's Fleet Division, as such items are requested by the Fleet Division, and the Contractor covenants and agrees to fully perform and complete the Work and/or provide the goods called for by this Contract. The Contractor further agrees that the Work shall be started promptly on the above date and shall be prosecuted regularly, diligently, and uninterruptedly that will ensure full completion thereof consistent with the Contract Documents and that Contractor will cooperate and coordinate with the other City contractors or employees doing other work or using the area where Contractor is working. The Contractor further agrees to provide the items requested ~ within the time periods set forth in the Scope of Services, Exhibit notify the City's Fleet Supervisor that such requests cannot be therefore, , or to immediately met and the reasons SECTION 5. PA YMENT. A. Invoices for items requested, delivered, and accepted by the City shall be submitted by the Contractor directly to the City's Fleet Division. Payment of such invoices shall be the responsibility of the City's Fleet Division. B. The City agrees to pay Contractor for the Contractor's complete and satisfactory performance of the Work, in the manner and at the time set out in this Contract. The City retains the right of setoff as to any amounts of money Contractor may owe the City, A written progress report may be requested by the City to accompany a payment request and, if so, such progress report shall detail the items provided to the City. Also, sufficient documentation of all costs, expenses, materials supplied, and/or hours worked may be requested by the City and, if so. may be required prior to the processing of any such request for payment. Payment will only be made for services actually supplied and/or materials or goods actually furnished to the City, all of which need to be approved and accepted by the City prior to such payment. unless otherwise provided for in the Contract documents, Once a payment request has been received by the City, the City will process such payment request. If there are any objections or problems with the payment request, the City will notify the Contractor of such matters. If the payment request is approved and accepted by the City, payment will made by the City to the Contractor not more than 30 days after such request has been approved, C. The Contractor shall provide, upon City's request, any parts and/or items as may be called for or covered by the Contract, together with any other items the Contractor might be able to provide to the City. The prices to be paid to the Contractor for the requested items provided to and accepted by the City under the provisions of this Contract shall be (the terms for pricing will be completed after negotiation with the successful Offeror but before any award is made.) Unless otherwise stated in this Contract, the price(s) shall include all applicable charges such as packaging, shipping, duties. customs, tariffs, and any other charges. All personal property or other taxes assessable upon the items prior to receipt and acceptance by the City shall be the responsibility of and paid by the Contractor. The City will not be responsible for or pay for any items that may be requested or received without an authorized and proper request from authorized City personnel. SECTION 6. SALES TAX EXEMPTION. The City is exempt from payment of State Sales and Use Tax on all tangible personal property purchased or leased for the City's use of consumption. The Virginia Sales and Use Tax Certificate of Exemption number is 217-074292-9. J SECTION 7. FREE ON BOARD, RISK OF LOSS. AND TITLE. All prices include F,O.B Destination, inside delivery unless otherwise noted in this Contract. The risk of loss from any casualty. regardless of cause, shall be on the Contractor until the items have been delivered to City personnel making the request and accepted by the City. The risk of loss shall also be on the Contractor during the return of any items to the Contractor, Title to the items shall pass to the City upon receipt and acceptance of such items by the City. SECTION 8. INSPECTION. The City shall have a reasonable time after receipt of items and before payment to inspect all items for conformity to this Contract. If all or some of the items delivered to the City do not fully conform to the provisions hereof, the City shall have the right to reject and return such nonconforming items, at the sole cost of the Contractor. SECTION 9. WARRANTY. Contractor hereby warrants that all items and work covered by this Contract shall conform to the specifications, drawing, samples, or other description furnished by the Contractor and shall be new, merchantable, of good material and workmanship, and free from any defects. Contractor also warrants good title to and freedom from any encumbrances for all items and warrants against any infringement. Contractor may not exclude any warranty. If this Contract is for services, Contractor warrants that the services shall be completed in a professional, good and workmanlike manner, with the degree of skill and care that is required by like Contractors in Virginia, Further, Contractor warrants that such services shall be completed in accordance with the applicable requirements of this Contract and shall be correct and appropriate for the purposes contemplated in this Contract. Such warranties are in addition to any of the Contractor's other guarantees or obligations under this Contract or that may arise by law. Contractor agrees that Contractor shall repair or replace, at Contractor's sole expense, and to the satisfaction of the City, any items, material, equipment, or part of the item that is found by the City to be defective or not in accordance with the terms of this Contract. SECTION 10. PAYMENTS TO OTHERS BY CONTRACTOR. The Contractor agrees that Contractor will comply with the requirements of Section 2.2-4354 of the Virginia Code regarding Contractor's payment to other entities and the Contractor will take one of the two actions permitted therein within 7 days after receipt of amounts paid to Contractor by the City. Contractor further agrees that the Contractor shall indemnify and hold the City harmless for any lawful claims resulting from the failure of the Contractor to make prompt payments to all persons supplying the Contractor equipment, labor. tools, or material in connection with the work provided for in the Contract. In the event of such claims, the City may, in the City's sole discretion, after providing written notice to the Contractor, withhold from any payment request or final payment the unpaid sum of money deemed sufficient to pay all appropriate claims and associated costs in connection with the Contract and make such payment, if the City determines it to be appropriate to do so. 4 SECTION 11. HOLD HARMLESS AND INDEMNITY. Contractor shall indemnify and hold harmless the City and its officers, agents, and employees against any and all liability, losses, damages, claims, causes of action, suits of any nature, costs, and expenses, including reasonable attorney's fees, resulting from or arising out of Contractor's or its employees. agents, or subcontractors actions, activities, or omissions, negligent or otherwise. on or near City's property or arising in any way out of or resulting from any of the work or items to be provided under this Contract, and this includes, without limitation, any fines or penalties. violations of federal, state, or local laws or regulations, personal injury, wrongful death. or property damage claims or suits. Contractor agrees to and shall protect, indemnify. and hold harmless all the parties referred to above from any and all demands for fees, claims, suits, actions, causes of action, settlement or judgments based on the alleged or actual infringement or violation of any copyright, trademark, patent, invention, article, arrangement, or other apparatus that may be used in the performance of this Contract. SECTION 12. COMPLIANCE WITH LAWS AND REGULATIONS. Contractor agrees to and will comply with all applicable federal, state, and local laws, ordinances, and regulations, including, but not limited to all applicable licensing requirements, environmental regulations, and OSHA regulations. SECTION 13. INDEPENDENT CONTRACTOR. The relationship between Contractor and the City is a contractual relationship. It is not intended in any way to create a legal agency or employment relationship. Contractor shall. at all times, maintain its status as an independent contractor and both parties acknowledge that neither is an agent, partner or employee of the other for any purpose. Contractor shall be responsible for causing all required insurance, workers' compensation (regardless of number of employees) and unemployment insurance to be provided for all of its employees and subcontractors. Contractor will be responsible for all actions of any of its subcontractors. and that they are properly licensed, SECTION 14. REPORTS, RECORDS, AND AUDIT. Contractor agrees to maintain all books, records and other documents relating to this Contract for a period of five (5) years after the end of each fiscal year included in this Contract. The City, its authorized employees, agents, representatives, and/or state auditors shall have full access to and the right to examine, copy. and/or audit any of such materials during the term of the Contract and such retention period, upon prior written notice to Contractor. SECTION 15. INSURANCE REQUIREMENTS. Contractor and any of its subcontractors involved in this Contract shall maintain the insurance coverages set forth in Exhibits 2 and 3 to this Contract and provide the proof of such insurance coverage as called for in Exhibits 2 and 3, including workers' compensation coverage regardless of the number of Contractor's employees. Such insurance coverage 5 shall be obtained at the Contractor's sole expense and maintained during the life of the Contract and shall be effective prior to the beginning of any work or other performance by the Contractor under this Contract. Additional insured endorsements, if required, must be received by the City within 30 days of the execution of this Contract or as otherwise required by the City's Risk Manager. SECTION 16. DEFAULT. If Contractor refuses or fails to perform any of the terms of this Contract, including poor services, work or materials, the City may, by written notice to Contractor, terminate this Contract in whole or in part, In addition to any right to terminate, the City may enforce any remedy available at law or in equity in connection with such default, and Contractor shall be liable for any damages to the City resulting from Contractor's default. The City further reserves the right to immediately obtain such work or services from other entities in the event of Contractor's default. SECTION 17. NONWAIVER. Contractor agrees that the City's waiver or failure to enforce or require performance of any term or condition of this Contract or the City's waiver of any particular breach of this Contract by the Contractor extends to that instance only. Such waiver or failure is not and shall not be a waiver of any of the terms or conditions of this Contract or a waiver of any other breaches of the Contract by the Contractor and does not bar the City from requiring the Contractor to comply with all the terms and conditions of the Contract and does not bar the City from asserting any and all rights and/or remedies it has or might have against the Contractor under this Contract or by law. SECTION 18. FORUM SELECTION AND CHOICE OF LAW. By virtue of entering into this Contract, Contractor submits itself to a court of competent jurisdiction in the City of Roanoke. Virginia, and further agrees that this Contract is controlled by the laws of the Commonwealth of Virginia and that all claims, disputes, and other matters shall only be decided by such court according to the laws of the Commonwealth of Virginia. SECTION 19. SEVERABILITY. If any provision of this Contract, or the application of any provision hereof to a particular entity or circumstance, shall be held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall not be affected and all other terms and conditions of this Contract shall be valid and enforceable to the fullest extent permitted bylaw, SECTION 20. NONDISCRIMINATION. A. During the performance of this Contract, Contractor agrees as follows: i. Contractor 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 Contractor. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. ii. Contractor in all solicitations or advertisements for employees placed by or on behalf of Contractor will state that Contractor is an equal opportunity employer. iii. Notices, advertisements and solicitations placed in accordance with federal law. rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. S, Contractor will include the provisions of the foregoing Section A (i, ii. and iii) in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. SECTION 21. DRUG-FREE WORKPLACE. A. During the performance of this Contract, Contractor agrees to (i) provide a drug-free workplace for Contractor's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession. or use of a controlled substance or marijuana is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition: (iii) state in all solicitations or advertisements for employees placed by or on behalf of Contractor that Contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000. so that the provisions will be binding upon each subcontractor or vendor, S. For the purposes of this section, "drug-free workplace" means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract. SECTION 22. FAITH BASED ORGANIZATIONS. Pursuant to Virqinia Code Section 2.2-4343.1. be advised that the City does not discriminate aqainst faith-based orqanizations, SECTION 23. ASSIGNMENT. Contractor may not assign or transfer this Contract in whole or in part except with the prior written consent of the City, which consent shall not be unreasonably withheld. If consent to assign is given, no such assignment shall in any way release or relieve the Contractor from any of the covenants or undertakings contained in this Contract and the Contractor shall remain liable for the Contract during the entire term thereof. 7 x SECTION 24. CONTRACTUAL DISPUTES. Contractual claims. whether for money or for other relief, shall be submitted. in writing, no later than sixty (60) days after the earlier of the final payment or termination of the Contract or notice from the City to the Contractor that the City disputes the amount of Contractor's request for final payment. However, written notice of the Contractor's intention to file such claim must be given at 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 claim by the Contractor. A written decision upon any such claims will be made by the City Manager or the City Manager's designee (hereafter City Manager) within thirty (30) days after submittal of the claim and any practically available additional supporting evidence required by the City Manager. The Contractor may not institute legal action prior to receipt of the City's decision on the claim unless the City Manager fails to render such decision within 120 days from submittal of Contractor's claim, The decision of the City Manager shall be final and conclusive unless the Contractor 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, initiates legal action as provided in Section 2.2 - 4364, of the Va, Code, Failure of the City to render a decision within said 120 days shall not result in the Contractor being awarded the relief claimed nor shall it result in any other relief or penalty. The sole result of the City's failure to render a decision within said 120 days shall be Contractor's right to immediately institute legal action. No administrative appeals procedure pursuant to Section 2.2 - 4365 of the Va. Code has been established for contractual claims under this Contract. SECTION 25. SUCCESSORS AND ASSIGNS. The terms, conditions, provisions, and undertakings of this Contract shall be binding upon and inure to the benefit of each of the parties hereto and their respective successors and assigns. SECTION 26. HEADINGS. The captions and headings in this Contract are for convenience and reference purposes only and shall not affect in any way the meaning and interpretation of this Contract. SECTION 27. COUNTERPART COPIES. This Contract may be executed in any number of counterpart copies, each of which shall be deemed an original, but all of which together shall constitute a single instrument. SECTION 28. AUTHORITY TO SIGN. The persons who have executed this Contract represent and warrant that they are duly authorized to execute this Contract on behalf of the party for whom they are signing, SECTION 29. NOTICES. All notices must be given in writing and shall be validly given if sent by certified mail, return receipt requested, or by a nationally recognized overnight courier, with a receipt, addressed as follows (or any other address that the party to be notified may have designated to the 9 sender by like notice): To City: City of Roanoke Department of General Services, Fleet Division AUn: Fleet Manager (Ken Bernard) 1802 Courtland Avenue Roanoke, Virginia 24014 Copy to: City of Roanoke Purchasing Division AUn: Purchasing Manager Noel C. Taylor Municipal Building, Room 353 215 Church Avenue, SW Roanoke, Virginia 24011 Facsimile: (540) 853.1513 If to Contractor: Facsimile: SECTION 30. PROTECTING PERSONS AND PROPERTY. The Contractor expressly undertakes, both directly and through its subcontractors. to take every reasonable precaution at all times for the protection of all persons and property at the location of the Work or in the vicinity of the Work or that may be affected by the Contractor's operation in connection with the Work. The Contractor will maintain adequate protection of all Contractor's Work to prevent damage to it and shall protect the City's property from any injury or loss arising in connection with this Contract and to protect adjacent property to prevent any damage to it or loss of use and enjoyment by its owners, Contractor agrees to be responsible for the entire Work and will be liable for all damages to the Work, including. but not limited to, damages to any property of the City or to any property in the vicinity or adjacent to the Work, All damage with respect to the Work caused by vandalism, weather, or any other cause. other than resulting from the sole negligence of the City, shall be the responsibility of the Contractor. SECTION 31. CONTRACT SUBJECT TO APPROPRIATION OF FUNDS. This Contract is subject to the availability of funds and appropriation of such funds by City Council as may be necessary for this Contract. If such funds are not available and/or appropriated, the City may cancel the Contract without incurring any liability and/or damages of any type to the Contractor. Any such cancellation may be by a written notice from the City to the Contractor. 10 SECTION 32. SUSPENSION OR TERMINATION OF CONTRACT BY CITY. A. The City, at any time, may order Contractor to immediately stop work on this Contract, and/or by seven days written notice may terminate this Contract, with or without cause. in whole or in part, at any time. Upon receipt of such notice, the Contractor shall immediately discontinue all services affected (unless the notice directs otherwise), and deliver to the City all data (including electronic data), drawings, specifications, reports, project deliverables. estimates, summaries, and such other information and materials as may have been accumulated by the Contractor in performing this Contract whether completed or in process (unless otherwise directed by the notice). 1. If the termination or stop work order is due to the failure of the Contractor to fulfill any of its Contract obligations, the City may take over the Work and prosecute the same to completion by contract or otherwise, In such case, the Contractor shall be liable to the City for any damages allowed by law, and upon demand of City shall promptly pay the same to City, 2. Should the Contract be terminated or work is stopped not due in any way to the fault of the Contractor, the Contractor shall only be entitled to compensation for services actually performed and materials actually supplied prior to notice of termination or to stop work and which are approved by the City and any applicable federal or state approving agency, No profit, overhead, or any other costs of any type are allowed after the date of such notice of termination or stop work order. 3, The rights and remedies of the City provided in this Section are in addition to any other rights and remedies provided by law or under this Contract and City may pursue any and all such rights and remedies against Contractor as it deems appropriate. SECTION 33. ETHICS IN PUBLIC CONTRACTING. The provisions, requirements, and prohibitions as contained in Sections 2.2-4367 through 2.2-4377, of the Va. Code, pertaining to bidders, offerors, contractors, and subcontractors are applicable to this Contract. SECTION 34. ENTIRE CONTRACT. This Contract constitutes the complete understanding between the parties. This Contract may be modified only by written agreement properly executed by the parties, Remainder of page intentionally left blank. II IN WITNESS WHEREOF, the parties hereto have signed this Contract by their authorized representatives. WITNESS: (Full Legal Name of Contractor) By Printed Name and Title Printed Name and Title (SEAL) CITY OF ROANOKE, VIRGINIA WITNESS: By Name/Title (Cily Manager or authorized City representative) Printed Name and Title Printed Name and Title Approved as to form: Appropriation and Funds Required for this Contract Certified: City Attorney Director of Finance Account # Approved as to Execution: Date City Attorney 12 Date: EXHIBIT 2 TO CONTRACT FOR A TURN KEY ON-SITE PARTS OPERATION BETWEEN THE CITY AND Reference: RFP#07-02-04 SAMPLE CONTRACTOR'S AND SUBCONTRACTOR'S INSURANCE Neither the Contractor nor any subcontractor shall commence work under this Contract until the Contractor has obtained all the insurance policies required under this Section and such insurance has been approved by the City, 1. The following minimum insurance requirements apply: a. Workers' Compensation and Emplovers' Liabilitv: The Contractor shall obtain and maintain the following limits: Workers' Compensation: Statutory Employers'Liability: $100.000 bodily injury by accident each occurrence $500.000 bodily injury by disease (policy limit) $100.000 bodily injury by disease each employee b. Commercial General Liabilitv: Coverage is to be written on an "occurrence" basis. $2,000.000 minimum limit. and such coverage shall include: · Products/Completed Operations · Personal Injury and Advertising Injury · Bodily Injury c. Automobile Liabilitv: Coverage is to be written on an "occurrence" basis Limits for vehicles owned. non-owned or hired shall not be less than: · $2.000.000 Bodily Injury and Property Damage combined single limit 2. Proof of Insurance Coverage: The policies of insurance shall be purchased from a reputable insurer licensed to do business in Virginia and maintained for the life of the Contract by the Contractor. Other insurance requirements include the following: a. The Contractor shall furnish the City with the required certificates of insurance showing the insurer. type of insurance. policy number. policy term, and limits, b. The required certificates of insurance shall contain substantially the following statement: "The insurance covered by this certificate shall not be canceled or materially altered except after a thirty (30) day written notice has been received by the Risk Management Officer for the City of Roanoke." c. The required certificates of insurance shall name the City of Roanoke. its officers. agents. volunteers, and employees as additional insureds except with regard to the workers' compensation and employers' liability coverages which shall contain a waiver of subrogation in favor of the City, Additional insured and waiver endorsements shall be received by Roanoke Risk Management from the insurer within 30 days of beginning of this contract. 13 EXHIBIT 3 TO COI\TRACT FOR A TLR:-.i KEY O:'li-SITE PAins OPERATlO:'li REVOCABLE LICENSE TElUIS :\1\J) CONDITIO~S AS PART OF COI\TRACT HETWEEl'i CITY OF ROA:'IiOKE AND (COl\TR:\CTORI This is a Revoeahk l.icense given hv the CIty of Roanoke to the Contractor as part of the aboH' mentioned Contract datl'd _, hetween the City and the Contractor in order to allow the Contractor to pnl\'idc a TUIll Kcy On-Site Parts Operation at the City's Puhlie Works Facility and is suhject 10 the terms and condition of such COlllraet and the provisions set forth helow. Contrac'tor speeilieally agrees to the provisions set forth herein and that this Liœnse Agreement is revpcahle by Ihe City in Ihe City's snk discretion by the City giving the Contractor 7 days wrillen notiœ tlf such revocation, The 1()llowing are the terms and conditions of this License: I. Grant of License. The City hercby grants to Contractor a Revocahk Licensc (Liccnse) lousc only Ihat pal1 oflhe Citv Publit' Works Facilitv located at I XU::! Courtland AVCl1ue. !'\W. Roanoke, Virginia, that the .' - City has designated as the Parts Operation area in order I()' Contractor to provide the City's rleet Division \\"ith a sourœ to obtain paris and supplies Fleet personnel may necd to perform their work, Such ,UTa is retcrrl'd to as the "Lieensed Area." (See allaehcd drawing markcd as Exhibit A, which shows thl' Licensed Area.) 2. Term of License. The lenn of this Licl'Ilse shall mn c'oncurrently with the term of thc above mentioned Contract betwecn thc parties. If such Contract expircs or is tl'llninated, thcn this Liœnse shall aUlllmatieally terminate without any further notice. Also, this License may be rcvokt'd by the City at any time. in the City's sllle diseretion, by the City giving the Contractor 7 days writtcn notiœ of such revocation, exœpt in the ease of an emergency or for health or safety reasons, in which case thc City may immediately revokc this License, 3. Use of Licensed Area. Contractor shall use the l.icensed Area only for the plllVOSC of conducting Contraetor's Parts Operation activities as called I(lr by thl' ahove mentitlned Contral·t tl)r supplying pariS and supplies to the City's Fleet Division and subject to the tenns and pnwisions of such C\mtraet and this l.ieense, ... Condition of Licensed Area, Contractor aeknowblges that the Liccnsed Area is heing delivcred 10 Contractor in an AS IS condition and that ContraelOr is solely responsible Ii)' having examined and inwstigated such Licensed Area to bc sure the Liccnsed Area is suitable for the purposes that Contractor intl'llds to use the Licensed Area for, namely Contractor's Parts Operation activities, COlllracillr will bl' solely respllnsible for making all such impnwements necessary to use the Licenscd Area I()f such purposes during the entire tenn of this l.icense, 5. Im)rowm~nts to Licensed Ar~a. Contral'tor agrees that prior to Contral'lOr doing any work in the I.iœnsed Area or any other improvements that Contral'tor plaœs in the Lieensed Area. Contral'tor \\'ill submit plans and drawinl!s or a desnintion of any SUdl items to the Citv Din:l'tor of General Servil'es and anv ...... t 01 J .. other required City otlkial for review and approval and will not proœed with any such actions until sUl'h prillI' re\'icw and written approval has been obtained. 6. C()[Il)lianc~ with Laws. Contractor agrees to l'omply with all applicable eity. state. and federal laws, ordinanœs, regulations. statutes, and eodes. induding all rdevant wning, building, enyil'llnmental. and safety eodes, in eonnel'tion with any eonstruetion. maintenanœ. improvements, and/or operation of the Contractor's Parts Operation activities in the L.iœnsed Arca. 7. !\laintenanc~ of and Failurc to 'laintain Lic~nsed Ar~a, Contral"lor shall be sokly and tillly responsible for setting up. maintaining. deaning, olx'rating. providing sceurity. and othl'rwise bc'ing in ehargl' of the Licensed Area so that the Contraetor C'an pnlVide the Parts Operation aL'livities l'alled fÖr by thc above-mentioned Contral't. lIowever. should Contral"lor tltil to properly and timely maintain the Liœnsed Area and!or pnwide any of the other iwms as required by this Liecnse and!or the above-mentioned Contract. the City may provide for sUl'h maintenanœ and!or items and will be elllitled to rel'over all of City's reasonable l'osts and expenses, induding attomey's fees, trom Contraetor and Contractor agrœs to pay all such monies to City within tcn ( 10) days atìcr demal1ll for sUl'h trom the City. 8. Ltilitics. Contraetor shall pay the l'hargcs for all thc utility seryil'c's, induding all electriC". phone. and waste serviœs in l'onnection with Contral"lor' s Parts Operation al'tivities, 9. R~turn of Licensed Area. Contral"lor agrees that upon the expiratinn and/llr termination of this I.ieense, or any extensions therent: that Contral'tor will return the Licensed Area to the City in as good a l'ondition as it was at the start of the License, ordinary wear excepted, and that all pennanent improvements to the Lil'ensed Area by the Contraetor will bel'ome the propelty of the City upon any sudl tennination or expiration of this I.il'ense, Ilowever, Contraetllr may remove, at Contraetor's sole expense, any of Contractor's temporary or personal property not permanently at1ixed to the Lieensc'd Area provided it will noteause any damage to the Lieensed Area and Contractor will repair. to the satistal"lion of the City. any damages to the Lil'ensed Area eaused by any removal of sueh items. III. Security. ('olllral'tor agrces to be responsible for provision of security li)r the Lic'ensed Area. This includes sueh measures as may be needed, ~ II. :-.io Oamal!e to Licensed Area, Contractl>r agrccs not to and shall not commit or permit any act \\'hich resulb in any wasting or damage to thc Licensed Arca, Should any such waste or damage occur. the COlllractor will repair and/or rcplace all damagl'd items or areas to the satisl¡¡ctiClnof Ihe City. or. at thc City's option. pay the City the reasonable cost of the City having such work performed. 12. Responsihilitv for Licensed Area. Contrac·tor agrl'Cs that Conlraetor shall bl' responsible for any and all damagcs to the Licensed Area due to Contractor's use aIllL\>r fÒr any and all other daims arising from such usc and/or Contractor's actions or omissions. induding. but not limited to. any damagcs to \'Chides. any IllSS of personal propcrty. any pcrsonal injurics. and any olher injuries ()r damages of any typc, 13. Protection of Licensed Area. Contractor agrces that if Contractor hreaches any oflhe pro\'isions of1his License. the City may take any actions necessary to protect and!llr maintain the Lil'Cnsed Arca and that Contractl)r will pay thc City all damages. CllStS. and expenscs. including attorney's fecs. incurred hy thc City for such aetillns, 1.... Risk of Loss. Notwithstanding anything herein to the c·lllltrary. Contractor shall hear the risk llf any loss llf nr damage to the Liccnsed Area and/or any gOllds and items in the Licensed Area during thc term of this Liccnse, Also. notwithstanding anything herein to the contrary. City shall not be liable for any direct. consequential. incidental. or any other damages incurred hy Clllllractnr due 10 any malfunction. vandalism. acts of God (induding.. without limitation. lightning. wind. rain. tlood. hail. tin: or storms) lack of dcctricity. lack of air conditioning. lack of heat. or any othcr damages resulting IÌ'lnn any rcaSlln whatcvcr to the l.il'Cnsed ¡\rca or arising out of or resulting from any use oi'the Licensed Arca by the Contracto!". 15. Insurance. Contractor. and any of its contractors, agents. or representatives doing any work or providing any serviccs on or in conncction with the Licensed Arca. shall obtain and maintain during the life of this ¡,iecnsc. including any extcnsions. the 1l)lIowing insurance coverages and pnwide thc requirements set li)rlh hereinalier for such coverage: A, rn addition (0 any other insul1lnl'C required under this License or the ahove-mcntioned Contrac't. the C"'¡)]trac·tllr shall procure and keep in forc'c during the tcrm of this License insurance lilr the Licensed Area and Contractor as follows: I, Commercial General Liability insurance with minimum limits of $2.(((J.(UO,(( each occurrence. $4.000.()(J(),()() aggregate, These limits may be achieved through the use of an umbrella pol icy \\'hich states by endorsement it follows the limn of the primary c·o\'erage. 3 , Automobile liability for any aUlo. hir~d aullls. own~d. and non-own~d autos or S2.00(J.O(lO,((J minimumlimil. , -'. Th~ abll\'~ limir amounts may b~ m~t by an umbrella liability policy follL1win~ Ihe form of th~ und~rlying ~ov~rag~ in a minimum amount or $2.(lO(J.((J(J,OO ~ach oc~urr~nce. $.:I.OOO.(J(O.OO aggr~gale. .:I. Workers' ClHnpensation and I'mploycr"s Liability: a, Workers' Compensation: If applicable. starutory co\'Cragc Illr Virginia. and shall ~ontain a waiwr of subrogation in l¡\vor or the City or Ro,ull.lke. its officers. agcnts and employees. and an endors~ment tÌ'om the insurcr to this crreet shall be rcceived by City's Risk Manager bctilre th~ start of th~ intcrim transition aetivitics by Contra~tor. b, bnploycr"s Liability: I, S I (JU.O(lO-13odily injury by aecidcnt each l)(·currencc. 1 S500.(J()O-Hodily i1~iury by Disease Policy Limit. 3, $IUO.l)O()-Bodily Injury by Discase each ~mployec. 6, Fir~ and cxtcnded l'overag~ property insurancl' covering the Liccns~d Area protecting Contral·tor and the City tÌ'Llm tìr~ and other casualty and prm'iding that thc City is listed as payee for any lossl's. 7, l'ropelty coveragc to protect any goods or itcms inlhe I.iccnsed Ar~a. 16. Evidence Of Insurance. Alllnsurancc shall meet th~ tilllowing requir~mcnts: A, Contractor shall furnish th~ City a eertitìcate or ccrlitìcatcs or insuranl'~ showing the typ~. amount. cffcclive dat~s and date of cxpiration of the polici~s, Ccrtitìcat~s of Insurance shall inelud~ any insurance deductibl~s, 13. Th~ r~quired ccltificale or celtilì~at~s or insurance shall inelude substantially lh~ tilllowing statemcnt: "The insurance covcr~d by this c~rtitìcate shallnllt be canceled or materially alt~red. except alier thirty (30) days or writt~n notice has heen pmvid~d tll the Risk Manag~mcnt Oftìcer of th~ City of Roanoke. C. Thc requir~d l'crtilicate or ccrtifil'atcs of insurance. l'Xl'Cpt as to Workns' COJJJpensati(ln and Employ~r's liability. shall namc the City of Roanokc. its oftìcers. cmployees. agents. vllluntccrs and r~prcs~ntativ~s as additional insureds. and an ~ndors~ment from the insur~r to this eftixt shall b~ r~l'~ived by thc Risk ylanag~ment Officer or the City llfRoanokc "itbin thirty U(I) days ofth~ date of this Contra~t, D. Whl'rc waiver of subrogation is requircd with respe~t to any policy nr insurance r~quired under this Contract. such waiwr shall be sp~cilìed on th~ ccrlitìcat~ or lIlsurancc. -I- E. Insurance covcrage shall bc on an OCCllITence basis unless othcrwise permitted by the City's Risk Managcr and be in a llmn and with an insurance company appmvcd by thc City. which approval shall not bc unrcasonably withheld. Any insuralK'l' Company providing coverage under this License shall be aUlhorized [0 do business in the Commonwealth of Virginia. 17. Elltrv 011 the Property hv the Citv. The City shall have the right to entcr the Licensed Area for the purpose of inspection at any reasonable time <.H· times during the term of this License. provided however. that such inspections shall not unreasonably interfere with the Contractor's use and <'KTupancy of the Licensed Area, Ill. City's Limitation of Liabilih'. The City shall not be responsible ll)r any defect or change in the condition of the License Area or IÖr any resulting damage or injury to any person <.H' property occurring in the Licensed Area or for any damages or loss of any of the parts or other items in the Licensed Area. 19. Environmental. A, Contractor represents, warrants and agrees that: (a) Contractor shall permit no installation or placement of Hazardous Material in the LiL'Cnsed Area in violation of Environmental Laws; (b) Contractor shall pennit no release of Hazardous 'vlaterial ont<.> or from the Licensed Area; (c) Contractor shall cause the Licensed Area to comply with Environmental Laws and be 'ree and elear of any liens imposed pursuant to Environmental Laws; (d) all licenses. permits and other governmental or regulatory actil.H1S necessary for the Licensed Area to comply with Environmental Laws (the "Permits") shall be obtaincd and maintained by Contractor and Contractor shall assure compliance therewith: and (c) Contractor shall give City prompt written nl.>tice if Contractor reccives any notice with regard to Ilazardous Material on, li'om or affecting the Licensed Area and shall conduct and complete all investigations and all clcanup actions necessary to remove, in accordance with Environmental Laws, such Hazardous Material ¡rom thc Licenscd Arca, 1-3, City shall have the right at any timc during the tenn of this Liccnsc, whethcr before or alier default. to conduct or causc to be conducted an environmental inspection or audit of the Licensed Area by itself or by a llualified environmental consultant or engineer selected by the City; and Contractor hereby grants to City and its employees, agents. and independent contractors (hereinalier collectively called "City and its Reprcsentatives"), the right to enter the Licensed Area upon reasonable noticc liJr the purpose of conducting. whether before or alier deÜIlJit. any inspection. audit or tests. making soil borings. extracting samples. installing monitoring wclls, and conducting such other procedures as City and/or its Representatives deem necessary or desirable in connection with such inspection or audit. At any time during the tenn of this License. provided City has a reasonable basis for doing so. City may require Contractor 10 cause to be performed. at the expense of Contractor. tÖr the benefit of Contractor and City, an inspel·tion or audit of the Licensed Area by an environmental consultant or engineer 5 approved by the City. and Conlractor shall furnish to City. at no cost to City. the written inspcction llr audit report certifying as to the prcsenee nr absence nf Ilazardous Material on, at. or under the Licensed Area, All inspection reports may be submittcd to governmelllal entities or agenclcs as requested nr as may be required by law or regulalions, C. Contraclor shall indemnify and huld harmless City. its omees. employees. and agents from and against all losses. expenses (including. without limitation. attorneys' fees) and daims of every kind suffered by or asserted against the City as a direct or indirect result of ( I ., the presence on or release from the Licensed Area of any lIazardous Material. whether or not l'aused by Contractor. (ii) the violation uf Fnvironmenlal Laws applirable to the Licensed Area. whether or not caused by Contractor. (iii) the requirement tn conduct any remrdiatinn of Hazardnus Materials from thc Licensrd Area. (iv) the failure by Contrae!l.lr to comply tÌilly with the tellllS and provisions of this sertion. or (v) any warranty ur rcpresentation made by Contractor in this section being t:11se or untrue ill any material respect. The indemnity and hold harmless obligation uf Contractor to City under this paragraph includes losses. expenses. (including. without limitation. attorneys' tees) and daims causcd by the action or inaction of the Contractor, its agcnts, employees, invitces and others permitted by Contractor un the Licensed Area or near the Licensed Area. D, "Hazardous Material" means polychlorinatcd biphenyls. petroleum. Ilammable explusives, radioactive materials. asbestos and any hazardous, toxic or dangerous waste. substance or material delined as such in (or for purposes 01) Environmental Laws or listed as such by the Environmental Protection Agency, "Environmental Laws" means any current or future federal. state or local law, regulation or rnling applicable to environmental ronditions on. under or ahout the Licensed Area induding, without limitatiun. the Comprehensive Environmental Response. Compensation and Liahility Act. the Resource Conservation and Recovery Act. the Toxir Substanrcs Control Act. the Clean Water Art and the Chesapeake Bay Preservation Act. Contractor's obligations under this section shall survive the expiratinn or tellllination of this Lircnse. 2n. Sil!ns. Contrartor shall have no right to install or erect in the Licensed Area any signs. antennas or Mher equipment or device without the prior written ('onsent of City. which consent shall not he unreasonably withheld, 21. ~il!hts CUlllulative, All rights. powers, and privileges conferred hereunder upon the City to enforce this License shall be cumulative. and arc in addition to and not restrictive to those given by law, 22. License Part of Contract. This Lil"Cnse is a part of the ahove mentioned Contrart hetween the parties and is also subject to the terms and conditions uf such Contract. END h ~ " " ~ ... ..J 00 - s: .¡;¡ ¡.¡ ... 0<:1 ~ " E-oZ " c: Z< f! ~~ ¡;; u ~ ¡,;¡ 00 " [:¡:~~ ë:l :ë ~øO " <0 ;;. Q. Z~ ,g <~ '" ~ ì:: 0 0 E-o ¡¡; ~ " OIl ~ OS .. ~ OS ~ " '" z o - f-< < ç,:: ~ ~Â~ ~ V ~ «: u o - ~ ;¡: u ~ ;;;: ,t 'I··~ -. , t ,:,1-< j. r {J r '. u I ,(. os " 5 " ~ OJ .~ ~ o - .. " Q. ~õ o '" "0:::::- - " ..... > " " ,,- ~~ g 5: " " ,,~ ,,- 8 tt: ~ QC o.!!:! '" =' O::u ~ I-o-õci£>c~ 0.";;: U .s "g "ë <: 0>< &_ i... ~ ¡.., "0 ~...::: s.~ ~ ::! b' £ ë ~ :§ ª ;E C:::;oCE¿o;:> (;J'V::Õ~'"OOI1J "'C"'OC"3~c"j.....u o v..::,¡: ~..... ~";; t' ~ u ~ ~.~ t ~~.3Q--", I . , ~~ ' <~UQ'-'l"-<O ~ ~ 0> "0 '" .~ ..8.6£ Q o I - .... .. " ö- "" " '" ... ë oe < 0 oe ~ ~ " ~ .., ~ :J .... i Ï! " " .. " " .. 0 ;:¡ =- .. Q. Q. <: "-< .t'.r.' ~E " 0 ::: 0 ~Ø!i ..'U D¡'~ .6-.ßS .~ to _ <= ca cr. tn tí .:: of t:: ~ ..5:!.~ ~! 5 ¡;.,.~ go'" 0 ...'" <0<:1 >. " ~ "'" -; ~ q ... " o ¡::: OIl " :s .. oS ~ :: .. õ> 'C Q - " .. E " OIl os " os - ~ - " " ¡i; u '" r:= ø.. q ~ Prepared By: Demond Hammond nf"nl~ FI¡·C't M:1n:101:".mpnt The Roanoke Times Roanoke, Virginia A:~idav~t of Public~lion The Roanoke Tilnes REFERENCE: 80133027 10173785 NOTICE OF PUBLIC HEA r-------------------· - ¡ INõñCE-ÕFPUBLlC , HEARING . Notice is tlertc'by Rlvcn lhilt thc Council of thc CitYI ¡Of Roanoke wiH hold a public ;henrlngon the mallcrsset ~Orth below,lt itsmceting 10 !be held on Monday. Aprfl2 I ¡2007. commencing at 2:00/ Ip.m.. local timo, or <IS soon Ithofealtorasthe malters /maYbe hoard, in lhoCouncl1 ¡Chambers. 4th Floor. Noel C., Til't!0fMunicipal Bullding,¡ /21:> Church Avenuc. S.W" ~oanoko. Virginia. Furthl:.'rJ Ilnform~tion is av,lililblc Inl ':he Ottlce of thc City Clerk. .540lB53·2451. This public I hearing is being h('ld I pursuant to the Jlro~isions ot I §§15.2·1800(B and 1813 I Code 01 Virginia (1950). as am('nded,and will addfess the mall~rsset forth below: I The CIty ot RO<lnoktc' has Ilssued a Requcst for I ProJ:losa for .1 Turn Ke~·. . On·Slt(' Parts OpC'ratlon lobe . p~o~l~ed to the Cil~'S Fleet DIVISion. with such P<lrts Opt'mtlon to be 10Cilttc'd in the ~jty'S Public Works' SCrvlce Centcr located at 1.802 COurtlan¡ AVenuc. NW. Roanoke, Virginia 24012. As part of <lny resultanl r~ntract from SUC,} RFP.lhe City wi/I pro~ide the sclected c?ntmctor with a R£>Voc,lble/' Ucensoto use an area of the Cil~'S Public Works Servicc Cent~r 10C¡lte¡ on the ground I floor II'l lhesouth side of the facility nelt to thc Fleet Dj~ision's administrative offIces. which is currently dE'slgnatcd as ,1 PMtS area. to con duct I h e P~lr IS I Opf!fatlon serVices, subjcct tothl.' terms of the resulfanl c?ntmcl and l.hc Rovocable llCensc. The tcrmol anv I re!'iull,lnl contract wiU b(' for . 2 }·cars. with up 10 3 one ,/ye,:¡re_t('nSlonsiltthcOPtiOn I of the City. . All parlles and'inlerestod I cllizens may appear on tho /1 abo\'c dílle and be heard on ¡lheSemaItCrs.ltyouaro,1 I pC'rson who needs 'Iacc~mmoctations lor lhis I h~¡ltIng. please contacllhe City Clcrk's Of lice at (540)853-2541 belore' ~112:00 noon on Thursday. I '/ MlJrch29, 2007. GIVEN undcr m}' hand this 21st dayof March. 2007. Stephani~M. Moon. Clt~ Clerk 1~~~5~ ____ ___.__ CITY OF ROANOKE 215 CHURCH AVE SW ROANOKE VA 24011 PURCHASING Rl~ 3 5 3 State of Virginia City of Roanoke I I (the u.r:dersigned) 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 Vj~'nia. Sworn and subscribed before me this _1___ _day of A~il 2007. Witness my hand and 0 ficial sa. ~!flf~-;; i ;;;-=~~Ä~~~~~~ , " , :- .\j 'I , ,:,.1'1,. .PUBLISHED ON,;", '03/25 " , , ..\<' "',;,,\'. . .\'. ".., TOTAL COST: FILED ON: 269,10 03/25/07 A~thorized ~ J 'fllllr£¡,- I: .M. . Slgnature :_~tl---"..J~~J~-' Billing Services Representative pJ1, NOTICE OF PUBLIC HEARING Notice is hereby given that the Council of the City of Roanoke will hold a public hearing on the mailers set forth below at its meeting to be held on Monday, April 2, 2007, commencing at 2;00 p.m., local lime, or as soon thereafter as the matters may be heard, in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Further infonnalion is available in the Office of the City Clerk, (540)853-2451. This public hearing is being held pursuant to the provisions of §§15.2-1800(B) and 1813, Code of Virginia (1950), as amended, and will address the mailers set forth below; The City of Roanoke has issued a Request for Proposal for a Turn Key On-Site Parts Operation to be provided to the City's Fleet Division, with such Parts Operation to be located in the City's Public Works Service Center located at 1802 Courtland Avenue, NW, Roanoke, Virginia 24012. As part of any resultant contract from such RFP, the City will provide the selected contractor with a Revocable License to use an area of the City's Public Works Service Center located on the ground floor in the south side of the facility next to the Fleet Division's administrative offices, which is currently designated as a parts area, to conduct the Parts Operation services, subject to the ternlS of the resultant contract and the Revocable License. The ternl of any resultant contract will be for 2 years, with up to 3 one year extensions at the option of the City. All parties and interested citizens may appear on the above date and be heard on these matters. If you are person who needs accommodations for this hearing, please contact the City Clerk's Office at (540)853-2541 before 12;00 noon on Thursday, March 29, 2007. GIVEN under my hand this 21st day of March, 2007. Stephanie M. Moon, City Clerk K:\AMISC\NOTlCE OF PUBLIC HEARlNG,doc Notice to Publisher: Puhlish in the Roanoke Timcs once on Sunday. Mareh 25, 2007, Scnd atfidavit to: Stcphanie M, Moon. City Clerk 215 Church Avenue, S, W., Roo1ll456 Roanoke, Virginia 24011 (540) 853-2541 Send hill to: Sharon Gentry, Purchasing Manager 215 Church Avenue. S,W., Room 353 Roanoke, Virginia 24011 (540) 853-2871 .~_.t~ '_'. \. tiC ........ -:- . . 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) 853-1 ]45 E.mail: clerk@roanokeva.gov SHEILA N. HARTMAN Deputy City Clerk STEPHANIE M. MOON. CMC City Clerk April 3, 2007 File #230 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No.3 7721-040207 approving a Public Art Site Plan. The above referenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Monday, April 2, 2007. Sincerely, ~.~~~ 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 Brian Brown, Economic Development Administrator Susan Jennings, Public Art Coordinator, Office of Economic Development Wyona Lynch-McWhite, Chair, Roanoke Arts Commission, 2012 Berkley Avenue, S. W., Roanoke, Virginia 2401 S vl-~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of April, 2007. No. 37721-040207. A RESOLUTION approving a Public Art Site Plan. BE IT RESOLVED by the Council ofthe City of Roanoke that Council hereby approves the Public Art Site Plan attached to the City Manager's report dated April 1, 1006, as a part of the City's Public Art Policy. ATTEST: ~~~m. (VjOlJ1,v City Clerk. L . .'~ ,..~,:~~ ;i.·;-~1: ".:, i:-;;'+fI'''' "I.J.;,';;"')' ( ;.., C'.., .~'1~ . T~~-_ ,$iS "". . ~ . .! ::::':"~'~L~\~)::' .." CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. 'L1\'1ol" \luniL'ip.ll Building 21.:; Church -,~\\'l~lltIC, S.\V.. RlH\l11 36..J. Rndlh\ke, Virgilli.l 2-!¡)II-I=,qI 1,,·[..']'lhlI1\·: (:;...(11....53 :Y'\"'i F,l\: ¡'...nl ,.,13:~ 11.1"i (il\" \\'1,11: \\ \\ \\ .n'.IIl,l"~·\·,l ¡.:.,,\" April 2, 2007 Honorable C. Nelson Harris, Mayor Honorable David B. Trinkle, Vice-Mayor Honorable Alfred T. Dowe, 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: Proposed Public Art Site Plan Background: On December 6, 2006, Roanoke City Council adopted a Public Art Policy as the next step toward implementation of the public art plan, Art for Everyone, Roanoke Public Art Plan. The policy outlines eligible public art projects and authorizes the Roanoke Arts Commission (RAe) and City staff "to develop a Public Art Site Plan to identify appropriate and significant sites for the placement of public art in both public and private spaces." Upon initiation of this effort, site plans used in other localities were researched and staff reviewed pertinent documents related to the City of Roanoke's long range plans. The Arts Commission approved the attached plan on March 16, 2007. Considerations: The long range goal of the RAC is to develop a wide range of projects of the various types denoted as eligible in the Public Art Policy at diverse sites throughout the city. ". .' The Public Art Site Plan (Site Plan) lists possible locations and outlines factors impacting the selection of public art projects. The Site Plan outlines key themes addressed in the City of Roanoke's comprehensive plan, market district plan, Honorable Mayor and Members of City Council April 2. 2007 Page 2 and other relevant documents that will guide the selection of sites for public art. Specific areas listed where public art might be placed were also derived from the Capital Improvement Program. The Site Plan lists ways for additional sites to be considered by the Arts Commission through reviews of city owned property and buildings, the input of various citizen groups, and recommendations from City department heads. The plan also addresses ways for community groups and artists to initiate projects as resources permit, as well as a method by which the private sector could be involved in art projects. The site plan calls for the Public Art Coordinator to present an action plan to the Roanoke Arts Commission annually to include proposed project sites, budgets and the status of ongoing projects. This annual action plan will also be forwarded to the City Council for its review and approval. Appendix A of the Site Plan is a map showing possible sites for public art projects which include village centers, parks, greenways and gateways. It also shows the placement of current public and private exterior art. Recommended Action: Adopt the attached resolution which approves the Public Art Site Plan as a part of the City of Roanoke Public Art Policy. Darlene L. Bur City Manager Attachments c: Jesse A. Hall, Director of Finance William M. Hackworth, City Attorney Stephanie M. Moon, City Clerk R. Brian Townsend, Acting Asst. City Manager for Community Dev. Brian Brown, Economic Development Administrator Susan Jennings, Public Art Coordinator Wynona Lynch-McWhite, Chair Roanoke Arts Commission CM07-00036 City of Roanoke PUBLIC ART SITE PLAN DRAFT Introduction: Pursuant to the Percent for Art policy adopted by City Council, city staff is directed to develop an annual proposal for public art by identifying an amount equivalent to one percent of the construction cost of each new project in the Capital Improvement Program. The Roanoke Arts Commission (RAC) will use this Public Art Site Plan as a framework to guide its recommendations to City Council on 'specific locations for public art projects. According to the Public Art Policy adopted by City Council on Dec. 4, 2006 sites for public art should be ;'prominent and highly visible locations in the City which are identified as suitable for public art projects and are physically and/or visually accessible' to and by the public." The policy also lists eligible public art projects as: · The commissioning of permanent works designed for specific public sites in the City; · The loan, purchase or donation of art works deemed appropriate for public sites; · Artists contracted to work as integral members of architectural, infrastructure, and urban design teams; and · Installations, artist-in-residence programs, and other short-term projects or planning activities that result in the creation of temporary or permanent public art. The long range goal of the Roanoke Arts Commission (RAC) is to develop a wide range of projects of the types listed above at diverse sites throughout the city. I. Locations to be considered for public art should include: 1. City owned public buildings or privately owned buildings where City staff is housed 2. Landscapes and open space such as public squares, parks and greenways 3. City owned infrastructure such as transportation facilities, parking structures, bridges, lighting, sidewalks, benches, bus shelters and accessory structures in parks such as comfort stations and playgrounds. 4. Downtown service district 5. Neighborhoods, village centers and gathering places 6. Gateways into the City of Roanoke II. Factors impactinq the selection of public art proiects and sites include: 1. Projects that offer high visibility and broad public access 2. Projects in locations that offer multiple uses or activities 3. Projects where the artwork can have the greatest positive impact on the site or surrounding community 4. Projects with pledges of strong community and/or private partnership and willing partners such as neighborhood groups and facility managers 5. Projects in the early phases of design that will allow the artwork to be fully integrated with the project 6. Logistical considerations that affect the administrative capacity of the Roanoke Arts Commission to handle the project effectively such as the size, scope and timing of project 7. Ensuring widespread distribution of projects throughout the City 8. The need to diversify public art offerings in the City of Roanoke 9. The desire to include specific projects such as temporary exhibits, student projects and the proposed employee art contest III. Determininq Specific Locations and Themes To determine specific locations and/or themes for public art projects, guidance is derived from the statement on page 11 of the City of Roanoke's Comprehensive Plan .....a unifying theme to implement Roanoke's vision of a sustainable and livable city is that of city design - increasing the beauty of Roanoke's gateways and streetscapes, neighborhood and housing development, village commercial centers, and new economic and industrial growth."' Other key themes stressed in the plan that will guide the site selection process and content of public art include: · Providing a balance of preservation and development · Stress excellent design · The importance of environmental, cultural and historic resources · Support facilities and locations that attract,family activity · Support child and adult education facilities · Provide for ongoing technology advancements Key locations identified in comprehensive plan to be given top priority are: · Downtown · Neighborhoods and Village Centers · Streets capes · River and flood reduction project · Parks, recreation and greenways · Regional Linkages (gateways) · New economic and industrial growth · Historic districts Based on review of the comprehensive plan, the CIP and the City Market District Plan the following is a list of specific projects and locations that the RAC should explore immediately for public art opportunities: · Riverside Center and Carilion Biomed · Campbell Avenue Parking Garage · Library master plan process · Special events center at Civic Center and future Civic Center improvements · Proposed Williamson Road fire station Downtown market district opportunities - the market plan notes that "plop art" and art to disguise "mistakes like blank walls and ugly vistas" should be avoided, therefore art integrated into new structures, parks or landscaping or art integrated into infrastructure improvements is preferred for downtown. After reviewing the City Market District Plan, these possible sites for public art in the downtown area were identified: · Enhanced pedestrian bridge area · Remodel of Market building · Franklin Rd. Corridor · Jefferson Street improvements · Walkway between Elmwood Park and Market Street · Market Parking Garage · Infrastructure such as plaques (at farmer stalls and on fire station no. one), seating, bike racks, kiosks, canopies, pavers, banners, lighting, planters and directional signage IV. Other possible locations for public art will be identified throuqh: 1. A review of city owned properties and buildings 2. A review of city owned open spaces, greenways and parks 3. Recommendations from department heads on locations within their specific areas of responsibility. 4. Input from Neighborhood Groups - the RAC will hold periodic open houses for neighborhood association members to inform them about the Public Art Program and seek ideas for locations and types of art in their neighborhoods. Additionally, the Public Art Coordinator will meet with both the Presidents Council and the Roanoke neighborhood Advocates and will also be available to address neighborhood associations upon request 5. A survey of Downtown Roanoke Inc. members to gain suggestions for locations for public art in downtown Roanoke 6. Citizen input solicited via press releases and a web site V._Wavs for Communitv Groups and Artists to Initiate Proiects The Public Art Policy also outlines opportunities for Community Initiated Projects stating "A City community group or neighborhood association may propose a public art project for a site that mayor may not be on the Public Art Site Plan and apply for City funds to implement the project." As resources permit, a lump sum may be allocated from the Public Art Fund for such projects and a process for groups/artists to initiate projects will be implemented. Given the limited program staff and funds, this initiative will not begin until subsequent years of the program. To encourage projects initiated by artists or community groups, and to ensure fair and uniform procedures for review and support of such projects, the RAC will administer a call for "Open Proposals" on an annual or biannual basis. The RAC will circulate a call for proposals detailing the theme for each funding round, the budgets available and the criteria for selection. Proposals may be for either temporary or permanent projects. Potential themes for this program could encompass a wide range. Examples include collaborations between artists and community groups or artists addressing a particular portion of the City, street furniture for a certain district, or temporary projects to provide opportunities to new artists. VI. Private Projects In committing to a Public Art Program the City of Roanoke believes that the private sector can also participate in enhancing and enriching the cityscape and making intriguing cultural and aesthetic experiences available to citizens and visitors. Private developers may approach the RAC or the RAC may approach a developer about siting a public art project on their property. The Public Art Policy states ;'A site for the inclusion of public art amenities in conjunction with a development project may be identified. The Public Art Site Plan will provide guidelines for this siting process. If public art is a component of proposed site plan, then the Commission shall review the public art proposal and may make recommendations to the developer and the City concerning the appropriateness of the public art proposal as part of the site plan,'" Private property owners should follow these steps: 1. If the developer chooses to include art, he/she presents a proposal to the RAC including art budget, method for selecting artists (Selection Committee, Public Art Consultant, or paid assistance by public art staff). This plan must be approved by the Commission prior to artist selection. 2. Developer presents the selected artist and design for approval by the RAC or may ask the RAC to head up the selection process. 3. The RAC will use the same priorities for site selection outlined in sections II and III and will either recommend adoption or that the proposal be declined. The RAC may also decide to hold the project until such time as sufficient funds are available. 4. All artists' fees will come out of the Percent for Art budget. 5. The property owner will be responsible for site preparation and installation. 6. Ownership of the artwork will be retained by the City of Roanoke. Maintenance of the artwork will remain the responsibility of the City of Roanoke. VII. Actions: The Public Art Coordinator will submit a Public Art Action Plan to the RAC annually. This plan will be based on the status of the Percent for Art fund as allocated through the capital budget. The Public Art Action Plan shall identify: · Future projects that require art selection panels during the coming year · Budgets for prospective projects · Non-City projects to be administered by the program--either private development or projects selected through a proposal process · Status of any ongoing projects. The RAC will review the Public Art Action Plan to select new projects for the coming year. The selection will be based on the priorities as listed in sections II and III above. Once approved by the RAC, the Public Art Action Plan shall be submitted to the City Manager for review and then to City Council for approval. Appendix Map of The City of Roanoke showing current and potential public art locations. ,. ,. I i]] I I ~O I ¡ i'9uf~ni ~ ~ "1 .;n pIJi p !! ~ ~ I ~ i f H - ~ i . . }>z ? o I I m ! i' ! '\~,--~~'" '~~"-,, ·.it i,'\ \~~.~~-,~' ~r >, ijl~~. . .:.~, / ., .".- 1\\, r·' _'~_\; // .' -~:-'1.'r·~ ~ I :I't'le~'I" 0:; '/:l'tl: c-:"..s.- ~..·t i.: t'; '''I'~'ll''ll r IS ã ~ II 'J.~'. a l' 1:11:1 ~'t1'. ¡ 0:.,': ,";:.:: g-....~.'.. .1.:..'_' '1!I!J!!III!lfl!!f!!~I¡Jf'¡!~,I!I!J!í:IIIIII!!II~I!!!!,¡,:lfIJI!!"!I!; "If¡".., I:LI:,,;,I"";¡"li' ""'.1" :' , I I ",'" , , , ' "I ' I' .. ,'," , I:> i' 'IIi :à¡: ii: IÙáN¡'nUlOI'nÜ'i'IIi'Ù ~i: 1'!ùÎffi:Uíiili¡¡li¡¡ln~H '"'~ '" ' , '"' '~ ,. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church AVCI1ue. S, W.. Room 45h Roanoke. Virginia 24011-1536 T(.'\ephonc: (.5.JO) 853-2541 Fax. IS...() ~5J·1145 E-mail: dl'rUq. roannkc\'a.~(w SHEILA N. 1I:\RT.\IAI\" DCPlllY City Ckrk STEPHANIE ~'I MOON, CMC City Clelk April 3, 2007 File #5-60 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Budget Ordinance No. 37722-040207 appropriating funds for the State Asset Sharing Program and Federal Asset Sharing 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 Monday, April 2, 2007, and is in full force and effect upon its passage. Sincerely, 1!:!::. ~:o::::.c~Ohv 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 ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of April, 2007. No:; 37722-~OÆ0207,;' , AN ORDINANCE to appropriate -funding for the State Asset Sharing Program and Federal Asset Sharing 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 Overtime Wages FICA Investigations and Rewards 35-640-3302-1003 35-640-3302-1120 35-640-3304-2150 $ 25,377 1,941 240,123 Revenues State Asset Forfeiture - Interest State Asset Forfeiture Federal Asset Forfeiture Federal Asset Forfeiture - Interest 35-640-3302-3299 35-640-3302-3300 35-640-3304-3305 35-640-3304-3306 3,014 24.304 202,732 37,391 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with, ATT~ST: ., , ""\.._ , ,r¡. /)hv Á City Clerk. '7 ," >".i;.~'::i·;Y~I~..\ I,,:,...J....'., _';"1'\ ( ~",," ~"'," ~''",~I ,/$1" ~, , . , ." ... . .'. .:./;.~ ~:il\\··:?·: ." CITY OF ROANOKE OFFICE OF THE CITY MANAGER .-.--.... \.ol.'Ì C. Tayh)r Municip.1l Building 2J.5 Church 'Avenue, S.\V.. R(l~1m J(~-J. !{o;lI1nkc, \ïrgini.} :!-!()11-1~~Jl "L'I..Tl1tlll": 1:>.Il!¡.'(i.\ 21~¡ F,p.: (:;-11)) ....:.;3-11.t... Cih' \\"'l~ \\"W\\ .r\ldl1.,kL'\ oI.\~,,\ April 2, 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: State Asset Sharing and Federal Forfeited Property Sharing Background: In 1991, the Virginia General Assembly passed legislation allowing local law enforcement to seize and have forfeited property connected with illegal narcotics distribution. The law also makes it possible for police departments to receive proceeds from these forfeited properties. Application for an equitable share of the property seized by local law enforcement must be made to the Department of Criminal Justice Services, Forfeited Asset Sharing Program and certified by the Chief of Police. Property, including funds shared with State and local agencies, may be used only for law enforcement purposes. Program requirements mandate that these funds be placed in an interest bearing account and the interest earned be used in accordance with program guidelines. Revenue totaling $27,318 has been collected and is available for appropriation in the Grant Fund (Account Number 35·640-3302-3299 and 35-640- 3302-3300). Drug and other undercover investigations extend past the normal work day/period, thus requiring overtime. These state funds will be used to cover overages in overtime expenses for drug and other undercover activitie~. In 1986, Congress authorized the transfer of certain federally forfeited property to state and local law enforcement agencies that participated in the investigation and seizure of the property. Application for an eqUitable share of property seized by local law enforcement must be made to the U.S. Department of Justice and certified by the U. S. Attorney. This property, including funds shared with state and local agencies, Honorable Mayor and Members of City Council April 2. 2007 Page 2 may be used only for the purpose stated in the application, i.e., narcotics investigations related to law enforcement. Participation in federally forfeited property enhances the effectiveness of narcotics investigations by providing necessary investigations equipment, investigative funds, and it offsets the costs that would otherwise have to be borne by the city's taxpayers. The Police Department receives funds periodically from the federal government's asset sharing program. Grant requirements mandate that these funds be placed in an interest bearing account and the interest earned be used in accordance with program guidelines. Revenue totaling $240,123 has been collected and is available for appropriation in the Grant Fund accounts 35-640-3304-3305 and 35-640-3304-3306. Recommended Action: Adopt the accompanying budget ordinance to increase Grant Fund revenue estimates and to appropriate funding for the 5tate Asset Sharing and Federal Forfeited Property Sharing grants as follows: Revenues: State Asset Forfeiture - Interest State Asset Forfeiture Federal Forfeiture Federal Forfeiture - Interest 35-640-3302-3299 35-640-3302-3300 35-640-3304-3305 35-640-3304-3306 $3,014 24,304 202,732 37,391 Appropriations: Overtime Wages FICA Investigations and Rewards 35-640-3302-1003 35-640-3302·1120 35-640-3304-2150 $25,377 1,941 240,123 Respectfully submitted, Darlene L. Bu cham City Manager DLB:ALG:mds c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance R. Brian Townsend. Acting ACM for Community Development A. L. Gaskins, Chief of Police CM07-00037 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church ^vt.'nuc, S. \V.. Room 456 Ruanoke. Virginia 24011-1536 Tdl.:pholll' {540l S53 2541 Fax: (5-1-0) S53-1145 E-m:1I]: l.:'1l:rk@wanokc\"a.go\, SHEILA N, HARn1Al' Dt'puIY CIty Clelk STEPHANIE M. MOON, CMC City (:Jerk April 3, 2007 File #60-378-236-468 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 37723-040207 regarding regional water supply planning and authorizing the filing of an application for a FY08 Water Supply Planning Grant. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Monday, April 2, 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 Robert K. Bengtson, P.E., Director of Public Works ~v..~ IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA The 2nd day of April, 2007. No: 37723-040207. A RESOLUTION rcgarding regional water supply planning and authorizing the filing of an application for a FY08 \Vater Supply Plalming Grant. WHEREAS, the Virginia General Assembly has mandated thc developmcnt of local and regional water supply plans throughout the Commonwealth and the State Water Control Board has developed regulations to implement this planning process; WHEREAS, based upon these regulations, the City of Roanoke is required to complete a water supply plan that fulfills the regulations by deadlines based on population, specifically, by November 2, 2008; WHEREAS, local governments may elect to join one or more other local governments to develop a regional water supply plan for which a deadline of November 2, 2011, has been established; WHEREAS, the following elements must be included III all local or regional water supply programs: A description of existing water sources in accorùance with 9 V AC 25-780-70; A description of existing water use in accordance with the requirements of 9 V AC 25-780-80; A description of existing water resource conditions in accordance with the requirements of9 V AC 25-780-90; An assessment of projected water demand in accordance with the requirements of 9 V AC 25-780-100; A description of water management actions in accordance with the requirements of9 V AC 25-780-1 I 0 and 9 V AC 25-780-120; A statement of need in accordance with the requirements of 9 V AC 25-780-130; An alternatives analysis that identifies potential alternatives to address projected deficits in water supplics in accordancc with the requirements of 9 V AC 25-780- 130; A map or maps idcntifying important elements of the program that may include existing environmental resources, existing water sources, significant cxisting water uses, and proposed new sources; A copy of thc adopted program documents including any local plans or ordinances or amcndments that incorporate the local program elements required by statc regulations; A resolution approving the plan from each local government that is party to the plan; and A record of the local public hearing, a copy of all written comments and thc submitter's response to all written comments received. WHEREAS, it is reasonable and prudent for the following local governments to coordinate and collaborate in the dcvelopment of a regional water supply plan: the counties of Bedford, Botetourt, Franklin, and Roanoke, the cities of Bedford, Roanoke, and Salcm, and the towns of Booncs Mill, Buchanan, Fineastle, Rocky Mount, Troutville, and Vinton; WHEREAS, the Virginia Department of Environmental Quality has millounced the availability of grant funds to assist localities offset some of the costs relatcd to the development of these plans and is encouraging localities to submit applications for grant funds using regional water supply plans; WHEREAS, regional water supply planning is a sensible approach to developing a water supply plan since watershed boundaries do not follow political boundaries and since there will likely be cost savings to all jurisdictions participating; WHEREAS, for purposes of this DEQ water supply grant fund program, the City of Roanoke will participate within a water supply region consisting of the localities of the counties of Bedford, Botetourt, Franklin, and Roanoke, the cities of Bedford, Roanoke, and Salem, and the towns ofBoones Mill, Buchanan, Fincastle, Rocky Mount, Troutville, and Vinton; 2 WHEREAS, the Roanoke Valley-Alleghany Regional Commission has previously managed the development of successful regional water supply plans and other regional plans and is a logical entity to organize and manage a regional water supply planning process; WHEREAS, Roanoke Valley-Alleghany Regional Commission has previously written, received, and managed DEQ water supply grants and is the logical entity to apply for such grant, on behalf of the communities participating in the regional water supply plan; WHEREAS, the Roanoke Valley-Alleghany Regional Commission desires to manage and develop a regional water supply plan for the region, and participating localities in the region agree with this approach; and WHEREAS, the region, through the Roanoke Valley-Alleghany Regional Commission wishes to apply for and secure DEQ grant funds to help offset the cost of the plan development. NOW, THEREFORE BE IT RESOLVED that the City of Roanoke agrees to participate with the counties of Bedford, Botetourt, Franklin, and Roanoke, the cities of Bedford and Salem, and the towns of Boones Mill, Buchanan, Fincastle, Rocky Mount, Troutville, and Vinton in the development of a regional water supply plan and authorizes the Roanoke Valley-Alleghany Regional Commission to manage and develop a regional water supply plan that will comply with mandated regulations; and BE IT FURTHER RESOLVED that the Roanoke Valley-Alleghany Regional Commission is authorized to develop an application for water supply planning grant funds to offset to the extent feasible the cost of developing a regional water supply plan; and BE IT FURTHER RESOLVED that Wayne Strickland, Executive Director, Roanoke Valley-Alleghany Regional Commission, is authorized to sign the DEQ grant contract and other appropriate documents related to the source water planning grant and the regional source water supply plan; and 3 BE IT FURTHER RESOLVED that the City of Roanoke intends to provide up to $1,500 in matching funds (in-kind) for the project for work perfomled within the organization to meet the requirements of the regional water supply planning effort; and BE IT FURTHER RESOLVED that the City of Roanoke will participate financially for the costs of the regional water supply plan that is not covered by the DEQ grant in an amount not to exceed S26,158 in FY08 and $13,475 in FY09; and BE IT FTNALL Y RESOLVED that the State Water Control Board and the Departmcnt of Enviromnental Quality should consider this resolution as the City's Letter ofIntent to participate in a regional water supply plan with a completion due date of November 2, 2011, in accordance with 9 V AC 25-780-50.B.4. ATTEST: (Y). ~DbYV City Clerk. 4 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church A\'cllul:. S. \V.. Rl)PI1145(1 Rllanokc. Virginia 24011-1536 Tekphom:: (SolO) 853·2541 b.\: (S-tO) 85~~-1 ]":5 E·mail. cJt'lk~h0an('1kc\'a.&o\' SHEILA N. HART\1AN Deputy City Clel k STEPHANIE M. t\·100N. CMC CilyCll'lk April 3, 2007 File #60-378-236-468 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Budget Ordinance No. 37724-040207 appropriating funds from the Capital Projects Fund Contingency and the Western Virginia Water Authority to the Regional Water Supply Plan, and amending and reordaining certain sections of the 2006-2007 Capital Projects Fund Appropriations. The abovereferenced measure was adopted by the, Council of the City of Roanoke at a regular meeting which was held on Monday, April 2, 2007, and is in full force and effect upon its passage. Sincerely, ~f>1.~ Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Darlene L. Burcham, City Manager Sherman M. Stovall, Director, Office of Management and Budget Robert K. Bengtson, P.E., Director of Public Works ~ IN THE COUNCIL OF TIiE CITY ()F ROANOKE, VIRGINIA ': 1 ~_ 7~ ,.. ... ::.. The 2nd day of April, 2007. No. 37724-040207. AN ORDINANCE to appropriate funding from the Capital Projects Fund Contingency and the Western Virginia Water Authority to the Regional Water Supply Plan, amending and reordaining certain sections of the 2006-2007 Capital Projects Fund Appropriations and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2006-2007 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations , Appropriated from General Revenue Appropriated from Third Party Capital Projects Fund Contingency Revenues Regional Water Supply Plan - WVWA Reimbursement 08-530-9553-9003 ,08-530-9553-9004 08-530-9575-9220 $ 19,817 19,817 (19,817) 08-530-9553-9553 19,817 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with, ATTEST: IY? ~~ City Clerk, " \" "'. .".1" "\'J.:!.'t: (i:'fj'hP ";¡>::") '.." ~,. -.c...""\r~ .¡;~, -'"~,,. ¡¡¿ ~ "~.'~~,.. '...'i·,.G: ". :.."'!l\:..... ". --.- CITY OF ROANOKE OFFICE OF THE CITY MANAGER \Jpl:'l C. Taylor Municip.ll Building 21.3 Church A\'t'nlll~, S.\V., RlHHTI 311-t l{ll¡Hl(\h~, Viq.~ini~l 241111-15~1 T,·lq~hlll1l'. (:;...(i) S:;";-~3~:~ I .I': (;...(II ;-:."":-11.1'>, t.ït\" \\"1'1,: \\'\\"\\".r",:llllkl·\"" ~\I\' April 2, 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: Regional Water Supply Plan Participation Background: The Virginia General Assembly mandated the development of local and regional water supply plans throughout the Commonwealth. The State Water Control Board has consequently developed regulations to implement this planning process. As a result, the City of Roanoke may elect to join one or more other local governments to develop a regional water supply plan by November 2,2011. The elements of such a plan will need to address, among other things, existing water sources, water use and water resource conditions, an assessment of projected water demand, an alternatives analysis to address projected water supply deficits, and a Council resolution approving the plan. The following localities have been identified to participate in this plan: the counties of Bedford, Botetourt, Franklin and Roanoke, the cities of Bedford, Roanoke and Salem. and the towns of Boones Mill, Buchanan, Fincastle, Rocky Mount, Troutville, and Vinton. A regional approach is expected to provide cost savings to all participants. The Virginia Department of Environmental Quality (DEQ) has announced the availability of grant funds to assist localities offset these planning costs. The Roanoke Valley - Allegheny Regional Commission has prior, experience with regional water supply plans as well as related grants. and is a logical entity to organize and manage the planning and grant application processes. The City of Roanoke's participation will need to include up to $1,500 of in-kind matching expense (staff time). Financial participation will include costs not covered by Honorable Mayor and Members of City Council April 2. 2007 Page 2 the DEQ grant in an amount not to exceed $26,158 in FY07-08 and an additional $13,475 in FY08-09 (for a total of $39,633), half of which will be reimbursed to the City by the Western Virginia Water Authority, thereby reducing the City's share to not exceed 519,817. Recommended actions: City Council approve a resolution to: · Participate with the aforementioned localities in the development of a regional water supply plan. · Authorize the Roanoke Valley - Allegheny Regional Commission to manage and develop a regional water supply plan in compliance with mandated regulations and to develop an application for water supply planning grant funds, further authorizing its Executive Director to sign the DEQ grant contract and other appropriate documents. · Provide up to $1,500 in matching funds (in-kind) for project work in support of the planning effort; and participate financially in the cost of the regional water supply plan not covered by the DEQ grant in an amount not to exceed $39,633, half of which shall be reimbursed to the City by the Western Virginia Water Authority. Appropriate $39,633 to a Capital Project account to be titled "Regional Water Supply Plan" and transfer $19,817 from Capital Project Contingency (08-530-9575-9220) and establish a revenue estimate of $19,817 from the Western Virginia Water Authority in the new account · Indicate to the State Water Control Board and the Department of Environmental Quality that this resolution shall be considered the City of Roanoke's letter of intent to participate in a regional water supply plan with a completion due date of November 2,2011. Respectfully submitted, DLB/RKB/gpe 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 CM07-00040 <P~ ~.~-,'L--:A~~.. . . s;¡; ~n .,. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church A \'l'llue, S. \V.. Room 456 Roanoke. Virginia ~4011-1536 Tclcphon~': (540) S53-25-11 Fax: 1540)853·11-1.5 E-mail: c1crk@roanolü·\"a.,gov SHEILA 1\, HART\1AI\ Dl'PUI}' City Ckrk STEI'II..\I\IE M, ~IOO'-l, ole CII)' Cl~rk April 3, 2007 File #121-184 The Honorable Octavia L. Johnson Sheriff Roanoke, Virginia Dear Sheriff Johnson: I am attaching copy of Ordinance No. 37725-040207 authorizing execution of Amendment NO.1 to the contract with the Sheriff dated December 20, 2005, to allow the Sheriff to permit her employees to take a paid holiday on the day of their birthday, effective July 1, 2006 and to terminate on June 30, 2007. The above referenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Monday, April 2, 2007, and is in full force and effect upon its passage. Sincerely, , IY?~O~ Stephanie M. Moon, CMC City Clerk SMM:ew pc: Darlene L. Burcham, City Manager Keli M. Greer, Director of Human Resources ~~ . IN THE COUNCIL OF THE CITY OF ROA1'\OKE, VIRGINIA The 2nd day of April, 2007. No. 37725-040207. AN ORDINANCE authorizing execution of Amendment No. I to the contract with the Sheriff, dated December 20,2005, to allow the Sheriff to permit her employees to take a paid holiday on the day of their birthday; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The contract dated December 20,2005, with the Sheriff is amended to allow the Sheriff to grant her employees a paid holiday on their birth date, which holiday may be taken either on the employee's birth date or within two weeks of such date. 2. The effective date of such Amendment No.1 wiII be retroactive to July 1, 2006, and wiII terminate on June 30,2007. 3. The City Manager is hereby authorized, for and on behalf of the City, to execute Amendment No. 1 with the Sheriff. 4 Pursuant to § 12 of the Roanoke City Charter, the second reading by title paragraph of this ordinance is hereby dispensed with. ATTEST: ~In. ~~ '- ' , CIty Clerk. CITY OF ROANOKE OFFICE 01' CITY ATTORNEY ,(,,\ ~1lI~I(lPAL IJLlLIJIM, 215 ClnlRCH AVEJ\l:E, SW ROANllKL VIRGI~I.'\ 2,1011 15"5 ( IIY .\"1"1' ,I~',I'Y "[ 1 1.1 :1'111 1\ t·.. :" It I-~~ .~. ~.:.; I F.\\ ~-111 :>-,,: 1':":1 ¡:\ 1:\ 11 : ,""I y:'! I ~ <.": ,,;1111 I~,' \;. ":' ,\ TI:\HHHY I{. SI'E'll 'E1{ STE\'I·::\.J.T.\I.F\ I (iAH.\ E. rE(;F~K·\\1P I),\\'ID I..COI.I.li\S IIE.\TIIEKI'. FElU;l SOf\ WILI.!:\¡\( '-1.11 \("I\:\\OUTH ""."I-';I.\~.I {"II ï .\Tl' 'li\I:Y-= April 2, 2007 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Contract with Sheriff Dear Mayor Harris and Members of Council: During its March 19, 2007, meeting, Council requested that I prepare for its April 2 agenda a proposed amendment to the Sheriffs contract with the City that would pemlit the Sheriff to accord her employees a paid holiday on their birthday. The amendment applies retroactive to July L 2006, and runs through June 30, 2007, I have attached for your consideration a copy of the proposed amendment, and a measure that would authorize the City Manager to execute it. The proposed amendment has been reviewed by the Sheriff, the City Manager and the Director of Human Resources. Please let me know if you have any questions about this matter. With kindest personal regards, [ am Sincerely yours, U~k,~ William M. Hackworth City Attorney WMH/lse Enclosure e: Sheriff Octavia Johnson (w/enel.) Darlene L. Burcham, City Manager (w/enel.) Kclli Green, Director of Human Resources (w/enel.) A\-fENDME\lT NO, I THIS AMEND\1ENT :--.10, I to the Contract dated December 20. 2005. by and bl'l\\CCn the SIIERlFI' for thl' City of Roanoke. hereinatìer referred to as "Sherilr and CITY OF ROAI\OKE. a municipal corporation. chartered under the laws of lhe COlllnlonwealth of Virginia. hereinatkr referred to as "City." daled this day of .\pril. 2007. WIT N E SSE T H: WllEREAS, the Sheriff has requested that the City authorize her to permit her employees to take a paid holiday on the day of their birthday, for the period July I. 2006. until June 30. 2007. which is not pemÜlled by the Contract. and the City desires tll agree lO this, NOW. THEREFORE. the parties hereto covenant and agree as follo\\s: 1, The City and the Sheriff agree that Paragraph 5 of the Contract be amcmkd to read and provide as fi.)llows: 5, The Sheri ff and her omeers sball observe only those holidays. set out in ~ 2,1-21, Code of Virginia, as amcnded, and any day dcsignated by the Govclllor to be observed as a holiday, In addition. tor the period of July l. 2006, until.lune 30. 2007, only. the Sheritì' may grant her employees a paid holiday on their birth date. which holiday may be taken cither on the employee's birth date. llr within t\\O (2) weeks of such date. WIT:--.IESS the following sib1Jlatures: SHERIFF :., Bv - Octavia Johnson 1\ TTEST: Stephanie M. Moon, CMC City Clerk !õ.!" CITY OF ROANOKE, VIRGII\IA By Darlene L. Burcham City Manager .., l'. ..'._ ., di~ ,,~ .... - . . ... '¡j;L"'!!, ,. ~"-'<ll' CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church :\venue. S. \Y.. KllLITH 456 Roanoke, Virginia 24011-1536 Telephone: (SolO) R53-.!541 F;l.\: 1540.1 ::;."3-1145 E-mail: clerk@:J"(lanQke\·3.go\, SHEILA:;,II.,\RTMAN DcplllY City Clerk STEPHANIE M. MOO:--J. cr....tC CityClclk April 3, 2007 File #1 S-70-11 0 John H. Johnson, Jr., Chair Board of Fire Appeals 1710 Barnett Road, N. W. Roanoke, Virginia 24017 Dear Mr. Johnson: This is to advise you that the Council appointed the City Clerk or the City Clerk designee to be the Secretary to the City of Roanoke Local Board of Fire Prevention Code Appeals at its regular meeting held on Monday, April 2, 2007. Sincerely, ÌY>. ~Û'Y\,) Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Elizabeth K. Dillon, Attorney, Guynn, Memmer & Dillon, PC, P. O. Box 20788, Roanoke, Virginia 24018 Steven J. Talevi, Assistant City Attorney Daniel J. Rakes, Fire Marshal Sheila N. Hartman, Secretary, Board of Fire Appeals CITY OF ROANOKE OFFICE OF CITY ATTORNEY ·'6·' MI.:"ICIPAI. BUIL()I~G 215 CIILKCH AVE~IJE. S\\' ROANOKE, VIKGI"IA 24J11-15~5 \\'11.1.1.\.\1 \I.II:\CK\\"(}RTII 1·\\: :;":'0 ;~.q I~'::j TI.\HHII\ Iof.. SPEi\CEI{ STE\ E~.I. TAI.E\l (;¡\R\' E. TEGEì\"KA:\II' 1),\\'11) L. COLU:SS IIEATlIEH. I'. FEIU;liS()\" 11-IH'IlII~1: :'·III:-'''~2·VI ("I"Y ·\ìll"'ll:>.EY E~I:\II 'Ii~õllly"¡ [.1,111<'''<'\".' ~'" ,\',...;..¡ 1,\,'.1 C! I Y ATT! II~:-'I'.Y", April 2, 2007 The Honorable C. Nelson Harris, Mayor and Members of City Council Rllanoke, Virginia Re: Appointmcnt of Secretary to City of Roanoke Local Board of Fire Prcvcntion Codc Appeals Dear :\1ayor Harris and Members ofCollncil: Si.'ction 112,2,2 of thc Virginia Statcwide Fire I'reventil)n Code (2(J1)3 Edition) I'"(wides that the go\'crning body shall appoint a secrdary to thc local Firc Board III maintain a detaikd rccord of all proceedings. I understand that this has not yet been done, Accordingly,] rccommcnd that City Council appoint thc City Clerk, or thc City Ckrk's dcsigneL'. tll bc the Secretary to the City of Roanoke Local Board of Fire Prevention Codc Appeals, This can be done by motion, With kindcst pcrsonal rcgards, I am V cry tru] y yours, UvtL.:. L-I.~ William M. Hackworth City Allorney S.IT !W:\'Il-]: Id cc: Darlcnc L. Burcham, City Manager Stephanie M. \'loon, C\'Ie. City Clerk <P~ ill ~n ,- CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S. \V.. Room 456 Roanoke. Virginia 24UII-1536 Tckphllnc: t5"'0) 853-25·11 Fax: (.540) 853-1145 E'lll:lil: .::]erkQ·J"tlilnllk~·\"a'f()\· SHEIL."'. N, HART.\IAr' Dt'pllly Cily Clerk STEPI IAKIE H .\IOO~. CMC City (']e,k April 3, 2007 File #79 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Resolution No. 37726-040207 setting the allocation percentage for personal property tax relief in the City of Roanoke for the 2007 tax year. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Monday, April 2, 2007. Sincerely, J;:t;:;)~In, h[0W Stephanie M. Moon, CMC City Clerk SMM:ew Attach ment pc: The Honorable Sherman A. Holland, Commissioner of the Revenue The Honorable Evelyn W. Powers, Treasurer Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Sherman M. Stovall, Director, Office of Management and Budget ~~¥ IN THE COU1\CIL FOR THE CITY OF ROANOKE, VIRGINIA The 2nd day of April, 2007. No. 37726-040207.' A RESOLUTION setting the aiJocation percentage for personal property tax relief in the City of Roanoke for the 2007 tax year. WHEREAS, in accordance with the requirements set tòrth in Section 58.1-3524 (C) (2) and Section 58.1-3912 (E) of the Code of Virginia, as amended by Chapter] of the Acts of Assembly and as set forth in item 503.E (Personal Property Tax Relief Program or "PPTRA") of Chapter 95] of the 2005 Acts of Assembly, qualifying vehicles with a taxable situs within the City commencing January], 2007, shall receive personal property tax relief; and, WHEREAS, this Resolution is adopted pursuant to Ordinance 3722] -] 01705 adopted by City Council on October] 7,2005. NOW THEREFORE BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That tax relief shall be allocated such as to provide 100% tax relief for qualifying personal use vehicles valued at $] ,000 or less. 2. That qualifying personal use vehicles valued at $],00]-$20,000 will be eligible for 60.63% tax relief. 3. That qualifying personal use vehicles valued at $20,001 or more shall only receive 60.63% tax reliefon the first $20,000 of value. 4. That all other vehicles which do not meet the detinition of "qualifying" (for example, including but not limited to, business use vehicles, farm use vehicles, motor homes, etc.) will not be eligible for any form of tax relief under this program. 5. That the percentages applied to the categories of qualifying personal use vehicles arc estimated fully to use all available PPTRA funds allocated to the City of Roanoke by the Commonwealth of Virginia. A TIEST: ~h).~~ City Clerk. 2 /.::;~:~~~ij~>: I~~' ,!:.,'V'\ ~' ;~~~ :_tfil,~~ "-~~ .~,~". '" ~17}:~ . ,'. :".. <::!.;~\.~~l\::'·:'::./ CITY OF ROANOKE DEPARTMENT OF fiNANCE 215 Church Avenue. S,W.. Room 461 P,O, Bo, ] 220 Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fa,: (540)853-6142 ANN H. SHAWVER UCpllt) Director em,lI]" ;Inn ~h.lw\c[·~ ":l.r<.'õllll'''C '·:lll~ .JESSE A. HALL J)ircc(or of l·ïDanct' ~m¡¡il: je;~cJl:lII·~(Ó.lllarlC',;r.: ,"oI.IIS April 2, 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: Adoption of Tax Year 2007 Personal Property Tax Relief Percentage Background: The amended Personal Property Tax Relief Act (PPTRA or the Act) provides $950 million relief to owners of personal use motor vehicles statewide. PPTRA funds are allocated to individual localities based on each government's pro rata share of Tax Year 2004 payments from the Commonwealth. The City's share of the $950 million is $8,075,992. Several components of the amended Act were adopted by City Council in October 2006. These included: 1. The City chose the "Specific Relief' method (percentage reduction) of computing tax relief. 2. The City allocates the relief at a single percentage across the board to the first $20,000 of personal vehicle value. 3. The City continues to exempt vehicles valued at $1,000 and below from taxation. Honorable Mayor and Members of Council April 2, 2007 Page 2 Considerations: City Council is required by the Commonwealth to annually adopt a resolution setting the percentage reduction in personal property tax for that year. City staff computed the effective reimbursement rate based upon both historical trends and the prior year tax assessment book. As the overall assessment base to which the block grant allocation is applied increases, the percentage relief decreases. The PPTRA Allocation Model, developed by the Commonwealth, was used to assist with the analysis in determining the rate for the City which is 60.63%. The rate for tax year 2006 was 66.19%. The percentage reduction is calculated to distribute the $8,075,992 block grant allocation from the Commonwealth in the manner described above. Recommended Action: Adopt the attached resolution which establishes the percentage reduction for personal property tax relief at 60.63% for the City of Roanoke for the 2007 tax year. RespectfuNy submitted, Cj~ II· fUI Jesse A. Hall Director of Finance c: Honorable Sherman A. Holland, Commissioner of the Revenue Honorable Evelyn W. Powers, Treasurer Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Stephanie M. Moon, City Clerk Sherman M. Stovall, Director of Management and Budget CITY OF ROANOKE DEPARTMENT OF FINANCE .JF.SSE A. HALL 215 Church Avenue. S,W.. Room 461 P,O, Box 1220 Roanoke. Virginia 24006-1220 Telephone: (540) 853-2821 "ax: (5401 853-6142 ANN H. SIIA WVEI{ Dir('rtur of "ïnBnee 1:11I;'11]. J~SSC han',~·cl.r\l¡ll1ok~ va.us Prlmty Din-rtol' .:maLl" :illn ~h:l\\\"~l ,!'.:i m:llll'k..: \";¡.Il~ April 2, 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: February Financial Report Attached is the monthly financial report through February, with discussion of revenue and expenditure trends for the first eight months of the fjscal year. The overall economy is still exhibiting reasonable growth, although at the national level, fourth quarter 2006 growth was 2.2 percent as opposed to 3.5 percent as estimated at the beginning of the year. The economy continues to grow at a slower pace for the first quarter of 2007. There was a fair amount of turbulence and decline with the stock market in late February and continuing into March as a result of foreign market uncertainties and an increasing number of defaults on home mortgages across the U.S. The market has recently rebounded after the most recent meeting of the Federal Reserve. Chairman Bernanke stated that, based on current economic indicators, his "bias" was more toward reducing the benchmark fed funds rate rather than increasing it. The rate was left unchanged at 5.25 percent. Relative to debt issuance, twenty year general obligation bonds with a AA credit rating, such as ours, are being issued in the 4.10-4.25 percent range. Conversely, we are receiving greater than 5 percent on some of our investments of idle cash and unspent bond funds, which is obviously advantageous for us. Unemployment nationwide for January, the most recent data available, was 4.5 percent, compared to 3.2 percent for Virginia and 3.8 percent for Roanoke. Core inflation, excluding food and energy, was 2.7 percent for the period February 2006 to January 2007. As you might have noticed at the gas pumps, energy prices have begun to creep back up after declining significantly over the past few months. This has caused a slight decline in consumer confidence during March, after a four- Honorable Mayor and Members of Council April 2. 2007 Page 2 month climb. Economists closely monitor this index as consumer spending makes up two thirds of all economic activity. In summary, the national, state and Roanoke area economies are continuing to demonstrate slow but steady growth despite some significant economic concerns. Revenues Roanoke's fiscal year 2007 adopted budget anticipates revenue growth of 7.1 %. General Fund revenues grew 10.8% through February in part due to a significant delinquent tax billing. Adjusted for this one-time occurrence, revenues grew 9.0% through the first eight months of the fjscal year. Most revenues are growing as anticipated, taking into account that the due date for one of our major taxes, personal property, is in the fourth quarter of the fiscal year. Detailed comments on budgetary variances for our major revenues are addressed as follows: General Property Taxes increased 14.6% due in part to a large Machinery and Tools tax delinquent billing processed in the current fiscal year. This particular account was billed and accrued for approximately $1.9 million. Although not reflected in this monthly report, the account was collected in March for an adjusted amount of approximately $887,000. This large collection was not anticipated in the revenue estimate, thus it will have a significant positive variance on delinquent personal property revenues. An exoneration will be made during March for the difference between the amount billed and the amount collected. Relative to this report and adjusting for this billing, revenues in this category increased 9.1%, primarily as a result of growth in real estate reassessments and new construction. The first semi- annual installment of the real estate tax was due October 5, with a second payment due AprilS, 2007. This tax is expected to grow by approximately 7.6% in FY 2007, and actual growth met this expectation for the first eight months of the fiscal year. Other Local Taxes increased 6.9% in the current fiscal year. The Business, Professional, and Occupational License tax (BPOL) was due March 1. Revenues from the tax as of February 28, 2007 are below the FY07 total adopted estimate, but are higher than this time last year. Although the due date for this tax is March 1, we typically continue to receive significant payments throughout the remainder of the fiscal year and will continue to monitor this revenue source. Also contributing to growth in this category of taxes is the Cigarette Tax. The rate was increased from 27 cents to 54 cents per twenty pack effective July 1, 2006. Although this rate increase is contributing additional revenue, the increase in Cigarette Tax revenue is not commensurate with the rate increase. This is due in Honorable Mayor and Members of Council April 2, 2007 Page 3 part to higher cigarette stamp sales during the latter months of FY06, in anticipation of the rate change, as well as an apparent significant decrease in cigarette sales following the rate increase. Sales tax is performing well on a year- to-date basis, and is exceeding projections. Sales tax growth through February totals 8.7% compared to the same period during FY06. December sales exceeded previous year sales by 5.9%, and January sales growth equaled 11.2%. It has become a growing trend that many gift cards are given as holiday gifts and are redeemed in January, thus generating sales taxes in January rather than the month of purchase of the gift card. All indications are that our retail merchants had a successful holiday season in terms of sales. As I have mentioned in previous reports. we are monitoring this major revenue source with guarded optimism as it trends at a somewhat higher than normal rate. Also adding to the growth in this category are increases in both Prepared Food and Beverage and Transient Occupancy tax revenues of 5.6% and 6.1 %, respectively. Conversely, there has been a decrease in the Telecommunications Revenues due to the timing of the first receipt under the new program. The new Telecommunications Tax went into effect January 1, 2007. However. the first distribution to localities occurred in March. Permits, Fees, and Licenses decreased 6.4% due to a decline in Building Inspection Fees. This decline is due primarily to slower construction activity in the winter months and an overall slowing of new residential construction compared to the same period in FY06. Fines and Forfeitures increased 8.2% due in part to an increase in Collection Fees revenue. Higher revenue from General District Court fines due to an increased case load also contributed to the variance. Revenue from the Use of Money and Property increased 98.2% due in part to a timing difference in the collection of Health Department rent. In the prior year, the Health Department paid a one-time annual rent payment in May but is making monthly payments in the current year. Adjusted for this timing difference, revenues in this category increased 67.9%, or approximately $476,000, which is primarily attributable to the City benefiting from higher interest rates. Additionally, the City has re-established several leases at higher renewal rates in the current year. Grants-in-Aid Commonwealth grew 12.6% in part due to a timing difference in the collection of personal property tax relief revenues. During calendar year 2006, the state began distributing this reimbursement on a pre-determined schedule rather Honorable Mayor and Members of Council April 2, 2007 Page 4 than upon request. Adjusted for this change in methodology, revenues increased 8.6% as a result of increased reimbursements to fund the costs of constitutional officers, as well as an increase in funding law enforcement through HB 599. These revenues have grown as expected based on state budgetary data. Additionally, AFDC Foster Care revenues grew. These social services revenues are directly related to an increase in reimbursable expenditures related to adoption services. Internal Services increased 5.5% primarily due to an increase in reimbursements for the estimated school portion of Comprehensive Services Act expenditures. Miscellaneous Revenue decreased 17.8% as the result of a prior year collection of flood insurance proceeds. Adjusted for this one-time occurrence, revenues in this category increased 1.0%. Expenditures General Fund obligations as a whole increased 8.0%. The FY07 expenditure budget includes funding of approximately $1.2 million to cover contracts and purchase orders made during FY06 but not paid by the end of that year. City Council approved re-appropriation of this funding when adopting the General Fund budget in May. Additionally, General Fund expenditures of all departments are affected by a 4% pay raise effective July 1, 2006. Other than these items, which affect most categories of expenditures, variances between FY06 and FY07 are addressed as follows: Judicial Administration expenditures increased 13.5% due in part to an increase in the number of juveniles housed at the Roanoke Valley Juvenile Detention Center in the current fiscal year. Public Safety expenditures increased 8.8% due to the aforementioned pay raise, as well as an increase in the cost of prison health care services and food. Health and Welfare expenditures increased 10.8% primarily due to higher foster care and special needs adoption expenditures as a result of a higher rate of child placement. Parks, Recreation, and Cultural expenditures grew 8.7% due in part to the aforementioned pay raise. An increase in workers compensation expenditures as well as a professional contract for accreditation also contributed to the variance. Honorable Mayor and Members of Council April 2, 2007 Page 5 Transfer to Debt Service Fund expenditures increased 5.4% primarily as a result of Series 2006 A&B general obligation bond issuances. Debt payments for these series commenced in the current year. Nondepartmental expenditures increased 31.0% due to an increase in the amount of undesignated fund balance transferred to the Capital Projects, Civic Facilities. Market Building, and Grant funds. These transfers fluctuate from year to year based on the needs of each fund and availability of fund balance. Sincerely, q~A.~ Jesse A. Hall Director of Finance JAH: LCVC: ca Attachments c: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Stephanie M. Moon, City Clerk James Grigsby, Assistant City Manager R. Brian Townsend, Acting Assistant City Manager Sherman M. Stovall, Director of Management and Budget CITY OF ROANOKE. VIRGINIA GENERAL FUND STATEMENT OF REVENUE Year to Date for tho Period Revised Revenue Estimates 90,878,000 69.936,000 1.236,000 1,287.000 689,000 63,842.645 38,000 8,581.035 2,803,000 629.000 $ 239.919.680 Current Fiscal Vear Percent of Revenue Estimate Received 43,7% 55.7% 60,8% 76.6% 171.7% 47.6% 0,0% 66.3% 66.1% 47.7% 49.9% Revenue Source General Property Taxes Other Local Taxes Permits, Fees and Licenses Fines and Forfeitures Revenue from Use of Money and Propert} Grants-In-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Internal Services Miscellaneous Revenue Total July 1 ~ February 28 2005-2006 S 34,640,209 36.434,587 802,139 935,064 596,916 26,975,977 19,384 5,605.855 1,757.375 365.195 $ 1 OB,! 32.701 July 1 . February 28 2006-2007 S 39,69B,200 38.965,959 751.178 1.011,914 1,182,812 30,362,841 5."'i8ß 85~ 1,853,621 300,127 S 119.B13.515 Percentage of Change 14.6 % S 6.9 % -6.4 % 8.2 % 98,2 % 12.6 % 0.0 % 1.4 % 5.5 % -17.8 % 10.8 % -- STATEMENT OF EXPENDITURES AND ENCUMBRANCES Yoar to Date for the Period Current Fiscal Year Percent of July 1 . February 28 JlJly 1 - Fobruary 28 Percentage Unencumbered Revised Budget Expenditures 2005-2006 2006·2007 of Change Balance Appropriations Obligated General Government 5 8.094,544 $ 8,231,720 1.7 % $ 4.570,762 S 12,802,482 64,3% Judicial Administration 4.409,642 5,003,124 13.5 % 2.648,462 7,651.586 65.4% Public Safety 37,792,118 41,123,308 8.8 % 19.164,589 60.287,897 68,2% Public Works 15,853,785 16.507,579 4.1 % 8.505,386 25.012.965 66.0% Health and Welfare 21,026,554 23,290.D5;J 10.8 % 11.144,946 34.435.899 67.6% Parks, Recreation and Cultural 6.[;13.494 7,083,325 8.7 % 3.833.102 10,916,427 64.9% Community Development 3,895,207 4.062.325 4.3 % 2.065.637 6.127,962 66,3% Transfer to Debt Service Fund 15,608,070 16.454.499 5.4 % 2.788.073 19,242,572 85.5% Transfer to School Fund 37,127,721 39,365,019 6.0 % 19,251.766 58.516,785 67.2% Nondepartmental 5.446 708 7.134.602 31.0 % 2,933,414 10,068,016 70.9% Total ...L 155.767.843 $ 168.256,454 8.0 % $ 76.906,137 $ 245,162,591 68.6% CITY OF ROANOKE, VIRGINIA CIVIC FACILITIES FUND COMPARATIVE INCOME STATEMENT FOR THE EIGHT MONTHS ENDING FEBRUARY 28, 2007 FY 2007 FY 2006 Operating Revenues Rentals $ 430.124 $ 455,484 Event Expenses 142.759 99.946 Display Advertising 77, 169 50.335 Admissions Tax 218,796 257.642 Electrical Fees 12,748 6.975 Novelty Fees 37,667 58.851 Facility Surcharge 103,750 154.477 Charge Card Fees 30.229 42.726 Commissions 22.491 25.788 Catering/Concessions 570,254 721.000 Other 425 6,064 Total Operating Revenues 1,646.412 1,879,288 Operating Expenses Personal Services 1,369,014 1,363,788 Operating Expenses 1.107,573 1.190,151 Depreciation 347,032 366,279 Total Operating Expenses 2,823.619 2.920.218 Operating Loss (1,177,207) (1,040,930) Nonoperating Revenues (Expenses) Interest on Investments 25.369 32,872 Transfer from General Fund 1.553.994 803.346 Transfer from General Fund - VS 125.841 Transfer to Debt Service Fund (47,059) (47.809) Interest and Fiscal Charges (62,578) (62.627) Arena Ventures Contractural Penalties 133.585 Viper Hockey Performance Bond 65,254 Miscellaneous 7,065 3.112 Net Nonoperating Revenues 1.542.045 988,320 Net Income/(Loss) $ 364,838 $ (52,610) 2 CITY OF ROANOKE, VIRGINIA PARKING FUND COMPARATIVE INCOME STATEMENT FOR THE EIGHT MONTHS ENDING FEBRUARY 28, 2007 FY 2007 FY 2006 Operating Revenues Market Garage $ 262.185 $ 254,909 Elmwood Park Garage 347.569 320.812 Center in the Square Garage 141,605 138,318 Church Avenue Garage 430,884 410,467 Tower Garage 331,089 289,801 Gainsboro Garage 75,499 76,898 Williamson Lot 53,105 50,529 Norfolk Avenue Lot 15.673 Higher Ed Center Lot 34,739 28.640 Market Lot 21,233 30,400 Elmwood Lot 54,019 47,449 Warehouse Row Lot 19,846 15.544 West ChurchlYMCA Lots 17.513 21,547 Total Operating Revenues 1,789.286 1,700,987 Operating Expenses Operating Expenses 706,646 766,422 Depreciation 376,952 351,678 Total Operating Expenses 1,083,598 1,118,100 Operating Income 705.688 582,887 Nonoperating Revenues (Expenses) Interest on Investments 91.408 54,150 Miscellaneous 43,997 Interest and Fiscal Charges (188,006) (200,107) Net Nonoperating Expenses (52,601) (145,957) Net Income $ 653,087 $ 436,930 3 CITY OF ROANOKE, VIRGINIA MARKET BUILDING FUND COMPARATIVE INCOME STATEMENT FOR THE EIGHT MONTHS ENDING FEBRUARY 28, 2007 FY 2007 FY 2006 Operating Revenues Retail Space Rental $ 177,445 $ 183,441 Total Operating Revenues 177,445 183,441 Operating Expenses Operating Expense 186,612 186.800 Depreciation 6,864 5,130 Total Operating Expenses 193,476 191,930 Operating Loss (16,031) (8,489) Nonoperating Revenues Interest on Investments 13,633 2,456 Transfer from Capital Projects Fund 474,300 Transfer from General Fund 280.500 17,500 Miscellaneous 130 Net Nonoperating Revenues 768,433 20,086 Net Income $ 752,402 $ 11,597 4 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED FEBRUARY 28, 2007 TO THE DIRECTOR OF FINANCE: GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA FOR THE FUNDS OF SAID CITY FOR THE MONTH ENDED FEBRUARY 28. 2007, CONSOLIDATED FUNDS BALANCE AT JAN 31, 2007 $76.526.183,45 DISBURSEMENTS 536,929,680,26 RECEIPTS 530,728.962.40 CERTIFICATE BALANCE AT FEB 28, 2007 $70,325,465.59 I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE. VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDING FEBRUARY 28. 2007, THAT SAID FOREGOING: CASH CASH IN HAND CASH IN BANK INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS: COMMERCIAL HIGH PERFORMANCE MONEY MARKET COMMERCIAL PAPER LOCAL GOVERNMENT INVESTMENT POOL MONEY MANAGEMENT ACCOUNT U, S, AGENCIES VIRGINIA AIM PROGRAM (U, S, SECURITIES) VIRGINIA SNAP PROGRAM (U, S, SECURITIES) TOTAL $17,765.62 6,301,084.71 800,000.00 1,460,896.46 14,193,654.94 10,427,126.05 12,500,000.00 17,296,886.36 7,328,051.45 $70,325,465.59 ~fkln,~ ~ì. YN POWERS. TREASURER MARCH 22, 2007 5 BALANCE AT FEB 28, 2006 593.079,091,66 CITY OF ROANOKE PENSION PLAN STATEMENT OF CHANGES IN PLAN NET ASSETS FOR THE EIGHT MONTHS ENDED FEBRUARY 28, 2007 FY 2007 FY 2006 Additions: Employer Contributions S 6.977.796 S 5.297,097 Investment Income Net Appreciation in Fair Value of Investments 25.737.291 24.000.270 Inlerest and Dividend Income 9,451,235 3.638.673 Total Investment Income 35.188,526 27.638.943 Less Investment Expense 203,295 183.271 Net Investment Income 34.985,231 27,455.672 Total Additions $ 41,963,027 $ 32,752,769 Deductions Benefits Paid to Participants Administrative Expenses Total Deductions $ 15.548.705 312.943 $ 15,861,648 $ 14,352.777 299.824 $ 14,652,601 Net Increase 26,101.379 18,100,168 Net Assets Held in Trust for Pension Benefits: Fund Balance July 1 Fund Balance February 28 334,232.043 $ 360,333,422 318,675.367 $ 336,775,535 6 CITY OF ROANOKE PENSION PLAN BALANCE SHEET FEBRUARY 28, 2007 FY 2007 FY 2006 Assets Cash $ 806,127 $ 260,495 Investments. at Fair Value 361,498.941 338,345,539 Due from Other Funds 1.552 2,546 Total Assets $ 362,306,620 $ 338,608,580 Liabilities and Fund Balance Liabilities: Due to Other Funds Accounts Payable $ 1,973,069 129 S 1,832,067 978 Total Liabilities 1.973.198 1 ,833,045 Fund Balance: Fund Balance. July 1 Net Gain - Year to Date 334.232,043 26.101.379 318,675,367 18.100,168 Total Fund Balance 360,333,422 336.775,535 Total Liabilities and Fund Balance $ 362,306,620 $ 338,608,580 7