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Home My WebLink AboutCouncil Actions 01-22-09 MASON 38336-012209 ROANOKE CITY COUNCIL REGULAR SESSION JANUARY 22, 2009 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order--RolI Call. Council Member Price arrived late. The Invocation was delivered by The Reverend Art Good, Senior Pastor, Valley View Wesleyan Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. Welcome. Mayor Bowers. NOTICE: Meetings of Roanoke City Council are televised live on RVTV Channel 3. Today's Council meeting will be replayed on Channel 3 on Saturday, January 24 at 4:00 p.m., and Sunday, January 25 at 6:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. 1 ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456, NOEL C. TAYLOR MUNICIPAL BUILDING, 215 CHURCH AVENUE, S. W., OR CALL 853-2541. THE CITY CLERK'S OFFICE PROVIDES THE MAJORITY OF THE CITY COUNCIL AGENDA ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO ACCESS AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT WWW.ROANOKEVA.GOV.CLlCKONTHESERVICEICON.CLlCK ON COUNCIL AGENDAS TO ACCESS THE APPROPRIATE AGENDA AND COUNCIL MEETING. IF ADOBE ACROBAT IS NOT AVAILABLE, A PROMPT WILL APPEAR TO DOWNLOAD PRIOR TO VIEWING AGENDA INFORMATION. NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. SPECIAL ASSISTANCE IS AVAILABLE FOR DISABLED PERSONS ADDRESSING CITY COUNCIL. EFFORTS WILL BE MADE TO PROVIDE ADAPTATIONS OR ACCOMMODATIONS BASED ON INDIVIDUAL NEEDS OF QUALIFIED INDIVIDUALS WITH DISABILITIES, PROVIDED THAT REASONABLE ADVANCE NOTIFICATION HAS BEEN RECEIVED BY THE CITY CLERK'S OFFICE. ALL PERSONS WISHING TO ADDRESS COUNCIL WILL BE REQUIRED TO CALL THE CITY CLERK'S OFFICE PRIOR TO THE MONDAY COUNCIL MEETING, OR REGISTER WITH THE STAFF ASSISTANT 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. 2 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: Presentation of the United States Flag in recognition of a combat mission by the 2-82 Aviation Regiment in Kandahar, Afghanistan. Recognition of Korean Student Delegation. At this point, Council Member Price arrived to the meeting. (2:20 p.m.) 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. Mr. Chris Craft, 1501 East Gate, N. E. Mr. Robert Gravely, 3360 Hershberger Road, N. W. 4. CONSENT AGENDA (APPROVED 7-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 Minutes of the regular meeting of the Council held on Monday, September 15, 2008. RECOMMENDED ACTION: Dispensed with the reading of the minutes and approved as recorded. C-2 A communication from Council Member Gwendolyn W. Mason, Chair, City Council Personnel Committee, requesting that Council convene in a Closed Meeting to discuss the mid-year performance of Council-Appointed Officers, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in request. 3 C-3 A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss disposition of publicly-owned property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in request. C-4 A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the acquisition of real property for a public purpose, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the City, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in request. C-5 A communication from the City Attorney requesting that Council convene in a Closed Meeting for consultation with legal counsel on a specific legal matter requiring the provision of legal counsel, pursuant to Section 2.2-3711 (A)(7), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in request. C-6 Reports of qualification of Chad A. Van Hyning and Richard A. Rife as members of the City Planning Commission for terms of four years ending December 31,2012. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: NONE. 7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: a. CITY MANAGER: BRIEFINGS: NONE. The City Manager introduced Chris Conley, from Global Spectrum as the General Manager of the Roanoke Civic Center. 4 ITEMS RECOMMENDED FOR ACTION: 1 . Acceptance of the Virginia Department of Environmental Quality Assessment Grant to fund various environmental assessment and related activities; and appropriation of funds. Adopted Resolution No. 38336-012209 and Budget Ordinance No. 38337-012209. (7-0) 2. Amendment of the City's Consolidated Plan for the YWCA Inman Building Demolition Project. Adopted Resolution No. 38338-012209. (7-0) COMMENTS BY THE CITY MANAGER. b. DIRECTOR OF FINANCE: 1 . Financial Report for the month of November 2008. Received and filed. 8. REPORTS OF COMMITTEES: a. A report of the Roanoke City School Board requesting appropriation of funds to various school program accounts; and a report of the Director of Finance recommending that Council concur in the request. Vivian Penn-Timity, Director of Accounting, Spokesperson. Adopted Resolution No. 38339-012209. (7-0) 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: a. Ordinance No. 38333, on second reading, appropriating funds in connection with architectural and engineering services for renovations to the City Market Building. Adopted Budget Ordinance No. 38333-012209, as amended, on second reading. (6-1, with Council Member Rosen voting no.) b. A Resolution expressing the intent of City Council to include in future City budgets additional funding above the base funding level as determined by the present funding formula in increments of $500,000.00, up to a total of $2.5 million over a five-year period, subject to funding availability. Adopted Resolution No. 38340-012209. (7-0) 5 11. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. Council Member Alvin L. Nash read a prepared statement disputing claims that Blue Ridge Development Housing Corporation owes the City up to $333,000.00. " ID. / Vacancies on certain authorities, boards, commissions and committees appointed by Council. Appointed Council Members Price and Rosen as liaisons to the Roanoke Redevelopment and Housing Authority, Board of Commissioners, effective January 22, 2009. THE COUNCIL MEETING WAS DECLARED IN RECESS UNTIL 7:00 P.M., IN THE CITY COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING. CERTIFICATION OF CLOSED SESSION. (7-0) 6 ROANOKE CITY COUNCIL REGULAR SESSION JANUARY 22, 2009 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order--RolI Call. All Present. The Invocation was delivered by Mayor David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. Welcome. Mayor Bowers. NOTICE: Meetings of Roanoke City Council are televised live on RVTV Channel 3. Tonight's Council meeting will be replayed on Channel 3 on Saturday, January 24 at 4:00 p.m., and Sunday, January 25 at 6:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. 7 A. PUBLIC HEARINGS: 1. Request of William E. Williams, Jr., and ECS Properties, LLC, to rezone an approximate 30-foot wide strip of approximately 6,545 square feet on the west side of property located at 4935 W oodmar Drive, S. W., from R-12, Residential Single Family District, and a 13,455 square foot portion of property located on the easterly side of the tract located at 1950 Electric Road, S.W., from CN, Commercial Neighborhood District, to CN, Commercial Neighborhood District, subject to certain proffered conditions. Wilburn C. Dibling, Jr., Esquire, Spokesperson. Adopted Ordinance No. 38341-012209. (6-0, with Council Member Rosen abstaining.) 2. Request of Roanoke Electric Steel Corporation, t/a Steel Dynamics Roanoke Bar Division and Virginia Housing Development Authority, c/o Habitat America LLC, to rezone a portion of property located on Shenandoah Avenue, N. W., from CG, Commercial General District, to RMF, Residential Multifamily District; a portion of property located on Westside Boulevard, N. W., from RMF, Residential Multifamily District, to R-5, Residential Single Family District; and two portions of property located on Westside Boulevard, N. W., from R-5, Residential Single Family District, to RMF, Residential Multifamily District, for uses permitted in the respective zoning districts. David Tenzer, Esquire, Spokesperson. Adopted Ordinance No. 38342-012209. (7-0) 3. Request of Lorrd Ganeshji, Inc., to rezone property located at 1917 Franklin Road, S. W., from MX, Mixed Use District, to CG, Commercial General District, subject to certain proffered conditions. Daniel F. Barnes, Esquire, Spokesperson. Adopted Ordinance No. 38343-012209. (7-0) 4. Request of the City of Roanoke and Anstey Hodge Advertising Group to rezone property located at 120 Commonwealth Avenue, N. E., from RM-1, Residential Mixed Density District, to D, Downtown District, subject to certain proffered conditions. Darlene L. Burcham, City Manager. Adopted Ordinance No. 38344-012209. (7-0) B. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. Mr. Robert A. Gravely, 3360 Hershberger Road, N. W. 8 CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.w. Noel C. Taylor Municipal Building, Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 DAVID A. BOWERS Mayor January 22, 2009 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Council Members Sherman P. Lea Gwen W. Mason Alvin L. Nash Anita 1. Price Court G. Rosen David B. Trinkle I wish to request a Closed Meeting to discuss the mid-year performance of the Council Appointed Officers, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. Sincerely, ~~ Gr~Olyn W. Mason, Chair C~uncil Personnel Committee GWM:ctw CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov January 22, 2009 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for closed meeting Dear Mayor Bowers and Council Members: This is to request that City Council convene a closed meeting to discuss the disposition of publicly-owned property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to 92.2-3711.A.3, Code of Virginia (1950), as amended. I Darlene L. B rcham City ManagerV DLB/lsc c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City W~b: www.roanokeva.gov January 22, 2009 The Honorable Mayor and Members of City Council Roanoke, Virginia Subject: Request for closed meeting Dear Mayor Bowers and Council Members: This is to request that City Council convene a closed meeting to discuss the acquisition of real property for a public purpose, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the City, pursuant to 92.2-3711.A.3, of the Code of Virginia (1950), as amended. Respectfully submitted, :. ~) ,fA , Ii Darlene L. Burchr" m City Manager DLB/lsc c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE. VIRGINIA 24011-1595 WILLIAM M. HACKWORTH CITY AlTORNEY TELEPHONE: 540-853-2431 FAX: 540-853-1221 EMAIL: cityatty@roanokeva.gov TIMOTHY R. SPENCER STEVEN J. TALEVI GARY E. TEGENKAMP DAVID L. COLLINS HEATHER P. FERGUSON ASSISTANT CITY AlTORNEYS January 22,2009 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for closed meeting Dear Mayor Bowers and Council Members: This is to request that City Council convene a closed meeting for consultation with legal counsel on a specific legal matter requiring the provision of legal counsel, pursuant to 92.2- 3711.A.7, Code of Virginia (1950), as amended. With kindest personal regards, I am Sincerely yours, tJ~ J..1.~ William M. Hackworth City Attorney WMH:snj c: Darlene L. Burcham, City Manager Stephanie M. Moon, City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk January 23, 2009 Martha P. Franklin, Secretary City Planning Commission Roanoke, Virginia Dear Ms. Franklin: This is to advise you that Chad A. Van Hyning and Richard A. Rife have qualified as members of the City Planning Commission, for terms ending December 31, 2012. Sincerely, A~ hl. ~O~ Stephanie M. Moon, CMC City Clerk SMM:ew pc: Joyce S. Johnson, Administrative Assistant IV Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Chad A. Van Hyning, 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 City Planning Commission, for a four-year term commencing January 1, 2009 and ending December 31, 2012, according to the best of my ability (So help me God). ~Gi_ v_ 50- -- ~ Subscribed and sworn to before me this .r - day of ""3" A..,J Cf 20;iC BRENDA S. MILTON, CLERK OF THE CIRCUIT COURT BY , CLERK K:loath and leaving servicelCity Planning CommissionlChad A. Van Hyning oath let 12 31 2012.doc Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Richard A. Rife, 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 City Planning Commission, for a term of four years ending December 31, 2012, according to the best of my ability (So help me God). _~a~ -- Subscribed and sworn to before me this II day of'JJt,Jl<~ 200'. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT BY~~~ J) ~r4 fa- , CLERK K:\oath and leaving service\City Planning Commission\Richard A. Rife reappt. oath let 12 31 2012.doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk January 23, 2009 CECELIA T. WEBB Assistant Deputy City Clerk Ann H. Shawver Director of Finance Roanoke, Virginia Dear Ms. Shawver: I am attaching copy of Budget Ordinance No. 38337-012209 appropriating funds from the Commonwealth of Virginia Department of Environmental Quality for environmental assessment of the former Virginia Scrap Iron and Metal Company property, and amending and reordaining certain sections of the 2008- 2009 Grant Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at'a regular meeting held on Thursday, January 22, 2009, and is in full force and effect upon its passage. Sincerely, Ih. ~6W Stephanie M. Moon, CMC City Clerk SMM:ew Attachment pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Director, Management and Budget Brian K. Brown, Economic Development Administrator Ian D. Shaw, Senior City Planner ex \ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd day of January, 2009. No_ 38337-012209. . AN ORDINANCE to appropriate funding from the Commonwealth of Virginia Department of Environmental Quality for environmental assessment of the former Virginia Scrap Iron and Metal Company property, amending and reordaining certain sections of the 2008-2009 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 2008-2009 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Fees for Professional Services 35-615-8101-2010 $50,000 Revenues VDEQ Environmental Assessment - FY09 35-615-8101-8101 50,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: 1k-I-r-J ~fJ1lJ1iJO'h.J (~~ City Cler.k. ...:e . , . 1,' I , " l' ). . "\ \ - ;' \ CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk January 23, 2009 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 38336-012209 authorizing the acceptance of a Virginia Department of Environmental Quality Grant to fund environmental site assessment activities on the former Virginia Scrap Iron and Metal Company property within the City of Roanoke; and authorizing the City Manager to execute any required grant award contract, to execute any necessary additional documents, to provide additional information, and to take any necessary actions to obtain, accept, receive, implement, and administer such VDEQ Grant, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at' a regular meeting held on Thursday, January 22, 2009. Sincerely, A~tn.~o~ Stephanie M. Moon, CMC City Clerk SMM:ew Attach ment Darlene L. Burcham January 23, 2009 Page 2 pc: Ann H. Shawver, Director of Finance William M. Hackworth, City Attorney R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Director, Management and Budget Brian K. Brown, Economic DevelopmentAdministrator Ian D. Shaw, Senior City Planner 'Pi. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA \ The 22nd day of January, 2009. No. 38336-012209. A RESOLUTION authorizing the acceptance of a Virginia Department of Environmental Quality (VDEQ) Grant to fund environmental site assessment activities on the former Virginia Scrap Iron and Metal Company (Virginia Scrap Iron) property within the City of Roanoke; and authorizing the City Manager to execute any required grant award contract, to execute any necessary additional documents, to provide additional information, and to take any necessary actions to obtain, accept, receive, implement, and administer such VDEQ Grant, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the VDEQ Grant from the VDEQ in the amount of$50,000 to provide funds for environmental site assessment activities on the former Virginia Scrap Iron property within the City of Roanoke, all as more particularly set forth in the letter dated January 22,2009, from the City Manager to this Council. 2. The City Manager is hereby authorized to execute a grant award contract between the City and the VDEQ in substantially the same form as that attached to the City Manager's letter mentioned above, which is to be approved as to form by the City Attorney. 3. The City Manager is further authorized to execute any necessary additional documents, provide any additional information, and to take any necessary actions in order to obtain, accept, receive, implement, use, and administer such VDEQ Grant, including establishing guidelines for the use of such Grant funds. ATTEST: ~fh.~ City Clerk. R-VDEQ grant-2009.doc 1 CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov January 22, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable Gwendolyn W. Mason, Council Member Honorable Alvin L. Nash, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Virginia Department of Environmental Quality Assessment Grant Acceptance Background: The City of Roanoke and the City of Roanoke Redevelopment and Housing Authority (RRHA) have been working together to assess and perform initial remediation activities at the former Virginia Scrap Iron and Metal Company (Virginia Scrap Iron) property in the South Jefferson Redevelopment Area. The property is now owned by RRHA and initial environmental assessment activities are being conducted by the City using U.S. Environmental Protection Agency (EPA) brownfield grants. The Virginia Department of Environmental Quality (VDEQ) has offered the City additional grant funding in the amount of $50,000 to assist with the environmental work on the property. No City matching funds are required for this grant. Considerations: City Council action is needed to formally accept and appropriate this grant to fund various environmental assessment and related activities as outlined in the grant award contract between VDEQ and the City. A copy of the grant award contract is attached to this letter. ~- ~'. Honorable Mayor and Members of City Council January 22, 2009 Pag e 2 Recommended Action: Accept the grant as described above and authorize the City Manager to execute any required grant award contract, or related documents, such to be approved as to form by the City Attorney. Further authorize the City Manager to execute any necessary additional documents, provide any additional information, and to take any necessary actions in order to obtain, accept, receive, implement, use, and administer such grant, including establishing ,guidelines for the use of such grant funds. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $50,000 (VDEQ Assessment Grant) and to appropriate the same amount to accounts to be established in the Grant Fund by the Director of Finance. Respectfully submitted, Darlene L. Burdrpm . City Manager ~ c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director of Management and Budget R. Brian Townsend, Asst. City Manager for Community Development Brian K. Brown, Economic Development Administrator Ian D. Shaw, Senior City Planner CM09-0000 1 Contract No. 14395 COMMONWEALTH OF VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY GRANT CONTRACT This grant award contract is made by and between the Department of Environmental Quality (hereinafter referred to as the "Department") and the City of Roanoke (hereinafter referred to as the "Grantee"). The parties to this grant award contract, in consideration of the mutual covenants and stipulations set out herein, agree as follows: PROJECT DESCRIPTION: The Grantee shall carry out the project as set forth in the Contract Documents. PROJECT PERIOD: The project shall commence upon execution of the contract and continue for up to eighteen (18) months. PAYMENTS: The Department shall pay the Grantee a total amount not to exceed $50,000.00 for the project. The Grantee shall submit an initial invoice in the amount of $5,000.00 upon return of the signed contract. . A second. invoice in an amount of no greater than $13,000.00 shall be submitted upon completion and submission of a Site Assessment. A third invoice in an amount of no greater than $13,000.00 shall be submitted upon completion and submission of a Site Screening and Risk Assessment. A fourth invoice in an amount of no greater than $19,000.00 shall be submitted upon completion and submission of a Remedial Action Work Plan. Payments on the second, third, and fourth invoices shall be contingent on review and acceptance by the Department of the reports and plans indicated above and in the Project W orkplan. INVOICE ORIGINALS SHALL BE SENT TO: DEP ARTMENT OF ENVIRONMENTAL QUALITY ATTENTION: AcCOUNTS PAYABLE P.O. Box 1105 RICHMOND, VIRGINIA 23218-1105 REpORTING REQUIREMENTS: The Grantee shall prepare and submit reports as indicated in the Project Workplan to the Department's Contract Administrator as follows: RODNEY SOBIN, OFFICE OF REMEDIATION PROGRAMS DEPARTMENT OF ENVIRONMENTAL QUALITY P.O. Box 1105 RICHMOND, VIRGINIA 23218-1105 THE CONTRACT DOCUMENTS SHALL CONSIST OF: (l) This signed form (2) The Project Workplan (as approved by the Department) (3) . The General Terms and Conditions (4) The Special Term and Condition PRECEDENCE OF TERMS: In the event of a conflict between or among terms in the documents included in this contract, the following documents control in order from the most important to the least important: Special Term and Condition; General Terms and Conditions; the signed Grant Contract form; and the Project W orkplan. IN WITNESS THEREOF, the parties have caused this grant award contract to be duly executed intending to be bound thereby. GRANTEE DEPARTMENT OF ENVIRONMENTAL QUALITY Date Valerie E. Thomson Director of Administration Date. Rev. 11106 PROJECT WORKPLAN City of Roanoke Former Virginia Scrap Iron & Metal Company Site Brownfield Assessment PC #2008-0000 Contract No. 14395 PURPOSE: This project covers certain site assessment activities to be performed by the City of Roanoke for the former Virginia Scrap Iron and Metal Company Site (Virginia Scnip), property 'wh~ch is located in the City of Roanoke (tax map numbers 4030501, 4040102, 4040103, 4040104, 4040105, 4040106, 4040201, 4040401) and that is currently owned by the RoanOKe Redevelopment and Housing Authority. · Performance of a Site Assessment that compiles existing data and performs additional assessment work to identify and delineate (including mapping and cross sections) contaminants of concern, evaluate site geologic and hydrogeologic conditions, and related work. · Site Screening and Risk Assessment that uses site assessment data and proposed land use information to evaluate human health and environmental risks and determines likely cleanup levels for the site; and a · Remedial Action Work Plan for the site that will propose specific cleanup approaches, site restoration methods, cleanup verification, worker health and safety provisions, and, as wa,rranted, ongoing site monitoring and maintenance requireIl1ents. · The Department acknowledges and agrees that the work under this workplan may be provided or performed by the Grantee and/or the Grantee's consultant(s) and/or contractor(s). INVOICINGIPAYMENT SCHEDULE: The Grantee shall submit invoices as follows: Invoice #1 An initial invoice in the amount of $5,000 upon return of the signed contract. Invoice #2 / A second invoice in an amount of no greater than $13,000 shall be submitted upon completion and submission of a Site Assessment that compiles existing data and performs additional assessment work to identify and delineate (including mapping and cross sections) contaminants of concern, evaluate site geologic and hydrogeologic conditions, and related work. The Assessment will identify the data quality objectives (DQOs), present a conceptual site model, and outline the field sampling approach to ensure that collected samples characterize site 1 Invoice #3 Invoice #4 contamination at the desired levels of confidence. Payment will be contingent on review and acceptance of this Assec;;sment report by the Department. A third invoice in an amount of no greater than $13,000 shall be submitted upon completion and submission of a Site Screening and Risk Assessment that uses site assessment data and proposed land use information to evaluate human health and environmental risks and determines likely cleanup levels for the site. The Site Screening and Risk Assessment will present background information, previous sampling data and the results of the site screening sampling. The data will be compared with background and risk-based concentrations in accordance with the Virginia Voluntary Remediation Program Risk Assessment Guidance. Conclusions will address human risk, regulatory compliance and existing environmental conditions. Recommendations will be made concerning. environmental issues that may need to be addressed prior to redevelopment of the site. Three copies of the written report will be provided to the Department. Payment will be contingent on review and acceptance of this Assessment report by the Department. A fourth invoice in an amount of no greater than $19,000 shall be submitted upon completion and submission of a Remedial Action Work Plan for the site that will propose specific cleanup approaches, site restoration methods, cleanup verification, worker health and safety provisions, and, as warranted, ongoing site monitoring and maintenance requirements. Payment will be contingent on review and acceptance of this plan and report by the Department. OTHER REOUIREMENTS: Training: City of Roanoke personnel performing field sampling activities and the personnel of the City's consultant(s)/contractor(s) performing field sampling activities shall be OSHA-trained to ensure their health and safety is not jeopardized during sampling operations. Health and Safety: The City of Roanoke shall take responsibility for health and safety issues of its personnel and the City of Roanoke's consultant(s)/contractor(s) shall be required to follow applicable health and safety regulations and to take responsibility for their own health and safety issues. Sampling Activity: A typical sampling event may involve collection of surface water, soil, groundwater and sediment. Geoprobes or other equipment may be used to collect soil and groundwater samples. Analytical costs are to be borne by the City of Roanoke and are included in this contract; these costs may be included for reimbursement, but may not exceed the agreed upon amount. Equipment and Supplies: The City of Roanoke shall supply all sampling containers, materials, equipment and supplies. 2 , REPORTING REOUIREMENTS: Progress reports shall be submitted quarterly to the Department's Contract Administrator. A Site Assessment shall be submitted with Invoice #2. A Site Screening and Risk Assessment shall be submitted with Invoice #3. A Remedial Action Work Plan shall be submitted with Invoice #4. 3 GENERAL TERMS AND CONDITIONS . FOR FEDERALLY FUNDED GRANT CONTRACTS 1. ApPLICABLE LAWS: This Contract shall be governed in all respects, whether as to validity, construction, capacity, performance or otherwise, by the laws of the Commonwealth of Virginia. 2. ApPLICATION FOR ASSISTANCE: If grant funding assistance is continued year to year, the Grantee shall submit a complete application, including the proposed workplan, to the Department at least 75 days prior to the beginning of the next project period unless otherwise specified in the Special Terms and Conditions. 3. ASSURANCES - CONSTRUCTION PROJECTS: By entering this contract, the authorized representative of the Grantee certifies that, if applicable, the Grantee will comply with the following requirement: Parts IT and ill ofExecutive Order 11246 (30 ER. 12319, 1965) as amended by Executive Orders 11375 (32 F.R. 14303, 1967) and 12086 (43 F.R. 4650 I, 1978) requiring federally assisted construction contracts to include the nondiscrimination provisions of ~ 202 and 203 of that Executive Order and Department of Labor regulations implementing Executive Order 11246 (41 CPR ~ 60-1.4(b), 1991). 4. ASSURANCES - NON-CONSTRUCTION PROGRAMS: By entering this contract, the authorized representative of the Grantee celtifies that it is in compliance with each of the foll,owing applicable requirements: (a) Has the legal authority to apply for federal assistance, and institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project costs) to ensure proper planning, management and completion of the project description. (b) Will give the Department, the awarding federal agency, and the Comptroller General of the United States, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the agreement; and will establish a proper accounting system in accordance with generally accepted accounting standards or Departmentdirectives. (e) Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or present~ the appearance of personal or organizational conflict of interest, or personal gain. (d) Will initiate and complete the work within the applicable tin;te frame after receipt of approval of the Department. (e) Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. ~ 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.ER. 900, Subpart F). (f) Will comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (I) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (2) Title IX of the Education Amendments of 1972, as amended (20 U.S.C.~~ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (3) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.c. ~ 794), which prohibits discrimination on the basis of handicaps; (4) the Age Discrimination Act of 1975, as amended (42 U.S.c. ~~ 6101-6107), which prohibits discrimination on the basis of age; (5) the Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (6) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended. related to nondiscrimination on the basis of alcohol abuse or alcoholism; (7) ~* 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (8) Title VII of the Civil Rights Act of 1968 (42 U.S.C. ~ 360 I et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (9) The Americans with Disabilities Act of 1990 (42 U,S'c. U 12101 et seq.) prohibiting discrimination on the basis of disability; (10) any other nondiscrimination provisions in the specific statute(s) under which these federal funds are being paid; and (II) the requirements of any other nondiscrimination statute(s) which may apply to the contract. (g) Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchases. (h) Will comply with the provisions of the Hatch Act (5 U.S.C. ~~ 1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or i,n part with federal funds. (i) Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. ~~ 276a to 276a-7), the Copeland Act (40 V.S.C. ~ 276c and 18 U.S.c. ~~ 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. ~~ 327-333), regarding labor standards for federally assisted construction subcontracts. (j) Will comply, if applicable, with flood insurance purchase requirements of Section I 02(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. (k) Will comply with environmental standards which may be prescribed pursuant to the following: (I) institution ofenvironmenta1 quality control measures under the National Environmental Policy Act of 1969 (PL 91-190) and Executive Order (EO) 11514; (2) notification of violating facilities pursuant to EO 11738; (3) protection of wetlands pursuant to EO 11990; (4) evaluation of flood hazards in floodplains in accordance with EO 11988; (5) assurance of project consistency with the approved state management Page I of6 program developed under the Coastal Zone Management Act of 1972 (16 U.S.C, 1451 et seq.); (6) conformity offederal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 US.C.. 7401 et seq.); (7) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (8) protection of endangered species under the Endangered Species Act of 1973, as amended, (PL 93-205). (I) Will comply with Wild and Scenic Rivers Act of 1968 (16 D.S.C. ~~ 1271 et seq.) related to protecting components or potential components of national wild and scenic rivers system. (m) Will assist the Department in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 D.S.C. 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 D.S.C. 469a-1 et seq.). (n) Will comply with PL 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. . (0) Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 D.S.C. 2131 et seq~) pertaining to the care handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. (p) Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.c. ~~ 4801 et seq.) which prohibits the use oflead based paint in construction or rehabilitation of residence structures. (q) Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act of 1984. (r) Will comply with all applicable requirements of all other federal laws, executive orders, regulations and policies governing this program. 5. AVAILABILITY OF FUNDS: It is understood and agreed between the parties herein that the Department shall be bound hereunder only to the extent of the funds available or which may hereafter become available for the purpose of this Contract. 6. CERTIFICATION. CONFLICT OF INTEREST: The Grantee warrants that it has fully complied with the State and Local Government Conflict of Interests Act. ( 7. . CERTIFICATION. DRUG-FREE WORKPLACE: The Grantee warrants that it shall comply with the provisions of Public Law 100- 690, Title V; Subtitle D, "Drug-Free Workplace Act of 1988", and all applicable federal implementing regulations, including 15 CPR Part 26 or 40 CPR Part 32, which require that the Grantee take steps to provide a drug-free workplace. The Grantee certifies that it will or will continue to provide a drug free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the Grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an ongoing drug free awareness program to inform employees about: (I) The dangers of drug abuse in the workplace - (2) The Grantee's policy of maintaining a drug free workplace , (3) Any available drug counseling, rehabilitation, and employee assistance programs, and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the Contract be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the Contract, the employee will: . (l) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the Department in writing, within ten calendar days after receiving notice under subparagraph (d) (2) from an employee or otherwise receiving actual notice of such conviction. (I) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d) (2), with respect to any employee who is so convicted: (1) Taking appropriate personnel action against such employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactori Iy in a drug abuse assistance of rehabilitation program approve for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (t). 8. CERTIFICATION - LOBBYING: The Grantee certifies that: (a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the Page 2 of6 making of any federal loan, the entering into of any cooperative contract, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative contract. (b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative contract, Standard Form-LLL, "Disclosure Form to Report Lobbying" will be completed and submitted, in accordance with its instructions. (c) That the language of this certification shall be included in the award documents for all subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans, and cooperative contracts) and that all subrecipientsshall certify and disclose accordingly. STATEMENT FOR LOAN GUARANTEES AND LOAN INSURANCE: The Grantee agre,es that: If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the Grantee shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. This certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 9. CERTIFICATION - NONDISCRIMINATION: During the performance of this Contract, the Grantee agrees as follows: (a) The Grantee will not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Grantee. The Grantee agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. (b) The Grantee, in all solicitations or advertisements for employees placed by or on its behalf, will state that such Grantee is an equal opportunity employer. (c) Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. The Grantee will include the provisions of the foregoing paragraphs a, band c in every subcontract or purchase order of over $10,000 so that the provisions will be binding upon each subcontractor or vendor. 10. COLLATERAL CONTRACTS: Where there exists any inconsistency between this Contract and other provisions of collateral contracts , which are made a part of this Contract by reference or otherwise, the provisions of this Contract shall control. 11. CREATION OF INTELLECTUAL PROPERTY (NOT APPLICABLE TO CONTRACTS WITH OTHER STATE AGENCIES): All copyrightable material created pursuant to this Contract shall be considered work made for hire and shall belong exclusively to the Department. Neither party intends any copyrightable material created pursuant to this Contract, together with any other copyrightable material with which it may be combined or used, to be a "joint work" under the copyright laws. If any copyrightable material created pursuant to this Contract cannot be deemed work made fur hire ur is deemed part of a joint work, the Grantee agrees to irrevocably assign, and does hereby irrevocably assign, its entire copyright interest in such material or work tu the Department and shall execute and deliver such further documents as the Department may rea~onably request for the purpose of acknowledging such assignment. The Grantee warrants that no indi vidual, other than regular employees of the Grantee or Department working within the scope of their employment, shall participate in the creation of any copyrightable material to be delivered under this Contract, unless such individual and his or her employer, if any, have signed an intellectual property contract satisfactory to the Department before commencing such participation. The Department shall have all rights, title and interest in or to any invention reduced to practice pursuant to this Contract. The Grantee shall not patent any invention conceived in the course of performing this Contract. The Grantee hereby agrees that, notwithstanding anything else in this Contract, in the event of any breach of this Contract by the Department, the Grantee's remedy shall not include any right to rescind or otherwise revoke or invalidate the provisions of this Section. Similarly, no termination of this contract by the Department shall have the effect of rescinding the provisions of this Section. This provision applies only to materials or documents developed with Contract funds. It does not apply to materials or documents previously copyrighted or registered under the Grantee's copyright or trademark or to materials or documents which are developed with other funds. 12. DISCLAIMER: Nuthing in this Contract shall be construed as authority for either party to make commitments which will bind the uther party beyund the project or work contained herein. Furthermore, the Grantee shall not assign, sublet, or subcontract any work Page 3 of 6 related to this Contract or any interest it may have herein without the prior written consent of the Department. 13. DOCUMENTS: The Grantee may retain any reports, studies, photographs, negatives, or other documents prepared by the Grantee in the . performance of its obligations under this Contract and not required to be del ivered to the Department. The Department shallliave the copyright to all such materials, and unlimited rights to use any such materials. Where necessary for the Department's full enjoyment of its copyrights and other rights referenced in this Contract, the Grantee shall provide a clear, reproducible copy of such materials (machine readable upon request) to the Department. The Grantee has permission to reproduce and distribute any material or documents prepared by the Grantee and for which the Department owns the copyright, but only where necessary or expeditious to the performance of the Grantee's obligations under this contract. This provision applies only to materials or documents developed with contract funds. It does not apply to materials or documents previously copyrighted or registered under the Grantee's copyright or trademark or to materials or documents which are developed with other funds. 14. F Am SHARE OBJECTIVE: In accordance with federal policy, the Grantee agrees to establish a goal for a "Fair Share" of 2% of federal funds for prime contract or subcontracts for supplies, construction, equipment or services are made available to organizations owned or controlled by socially and economically disadvantaged individuals, women, and historically black colleges and universities. The Grantee also agrees, when appropriate, to include in its bid documents ,the "Fair Share" percentages and require all of its prime contractors to include in their bid documents for subcontracts the "Fair Share" percentages. In an effort to achieve the "Fair Share" goal, the Grantee also agrees to implement the following steps: (a) Include qualified small, minority, and women's businesses on solicita'tion lists. (b) Assure that small, minority, and women's businesses are solicited whenever they are potential sources. (c) Divide total requirements, when economically feasible, into small tasks or quantities to permit maximum participation of small, minority, and women's businesses. (d) Establish delivery schedules. where the requirements of the work permit, which will encourage participation by small, minority, and women's businesses. (e) Use the services and assistance of the Small Business Administration and Minority Business Development Agency, U.S. Department of Commerce, as appropriate. (0 Retain all records documenting positive efforts employed to award a reasonable share of its subcontracts to minority and women's businesses. . (g) Submit a completed SF 334 in every fiscal quarter that it awards a subcontract(s) to a minority or women's businesses. Reports shall continue until the final subcontract is awarded, whether or not a sub-contract(s) is awarded to a minority or women's business in the subsequent quarters. Reports shall be submitted according to the following schedule: Period Report Due April I - June 30 July 15 July I - September 30 October 15 October I - December 31 January 15 January I - March 31 April 15 Reports shall include all subcontracts made by the Grantee with minority or women's businesses. Reports may, but are not required to, include subsequent tiers of subcontracts. 15. FEDERAL AND NON-FEDERAL COST SHARING RELATED TO GRANTS: Ifactual allowable project costs are less than the total approved estimated budget. the federal and non-federal cost share ratio as reflected in the approved estimated budget shall apply. If actual allowable costs are greater than the total approved estimated budget, the federal share shall not exceed the total federal dollar amount as reflected in the contract. 16. FINANCIAL RECORDS A V AILABILITY: The Grantee agrees to retain all books, records, and other documents relative to this contract for five years after final payment, or until audited by an independent auditor, whichever is earlier. The Department, its authorized agents, and/or state auditors shall have full access to and the right to examine any of said materials during said period. 17. FIRE SAFETY: The Grantee agrees to ensure that all conferences, meetings, convention, or training space funded in whole or in part with federal funds, complies with the Hotel Fire Safety Act of 1990. Page 4 of 6 18. FISCAL CONTROL: The Grantee shall establish fiscal control and fund accounting procedures which assure proper disbursement of, and accounting for, contract funds. The Grantee shall for the purpose of this contract: (a) Provide all accounting, bookkeeping, fiscal, and administrative services required by or related to this 'Contract. (b) Request partial payment due from the Department in accordance with the terms of this Contract. (c) Maintain appropriate support for all expenditures incurred and maintaining all'books, documents, papers, accounting records, and other evidence supporting the costs incurred associated with this Contract. It shall make such materials available at its offices at all reasonable times during the Contract period, and for three years from the date of final payment under this Contract, for inspection and audit by the Department or any authorized representative of the Department. 19. DELETED. 20. INDIRECT COSTS: Indirect costs will not be allowable charges against the award unless specifically included as a lil}e item in the approved budget incorporated into the Contract. 21. INTEGRATION AND MODIFICATION: No alteration, amendment or modification in the provisions of this Contract shall be effective unless it is reduced to writing, signed by the parties and attached hereto. 22. LIABILITY (NOT APPLICABLE TO CONTRACTS WITH OTHER STATE AGENCIES): The Grantee shall take out and maintain, during the life of this Contract, such bodily injury liability and property damage liability insurance as will protect it from claims of damages for personal injury, including death, as well as from claims for property damage, which may arise from its activities under this contract. If the Grantee has a self-insurance program, it may self-insure the risks associated with this Contract in liel;l of the commercial insurance required herein. 23. MAINTENANCE OF RECORDS AND AUDIT (COMPLIANCE WITH CIRCULAR A-133 REQUIREMENTS): The Grantee is required to do the following: provide the Department access to records and financial statements to determine compliance with federal requirements; facilitate the Department's monitoring and oversight activities; inform the Department in writing when not required to undergo a single audit; on request, inform the Department whether the relevant program would be audited as major using the risk-based approach (determined solely by the auditor) or, if not, the cost of having it audited as such (if desired by the Department, the Grantee must have the program audited as a major); send a copy of its audit reporting package to the Department when a single audit is required and the schedule of findings and questioned costs discloses audit findings (or the summary schedule of prior audit findings reports on the status of audit findings) related to the Department's award of federal funds; inform the Department in writing that an audit was conducted in accordance with Circular A-133 and that no audit findings and questioned costs (for the current or prior year) were related to the award (sending a copy of the audit reporting package is a sure way to meet this notification requirement); on request, send the Department a copy of the audit reporting package and any management letters issued by the auditor, even when not required to do so (e.g., no audit findings were related to the award); resolve audit findings (including the preparation of a corrective action plan) and comply with any management decision issued by the Department (due within six months of receiving the Grantee's audit report); follow-up on audit findings, unless no longer valid because they occurred at least two years earlier, the Department did not follow-up on the findings, and a management decision was never issued; and keep copies of audit reports and related documentation on file for at least three years following the audit period for review by the Department. 24. OBLIGATING FUNDS BEYOND PROJECf PERIOD: The Grantee shall not incur costs or obligate funds for any purpose pertaining to the project beyond the expiration date stipulated in the contract. Any extension of the award period can only be authorized by the Department. Verbal or written assurances of funding from other than the Department shall not constitute authority to obligate funds for programmatic activities beyond the expiration date. The Department has no obligation to provide any additional prospective funding. Any renewal of the award to increase funding and to extend the period of performance is at the sole discretion of the Department. 25. OTHER FEDERAL GRANT A WARDS: The Grantee shall immediately provide written notification to the Department in the event that, subsequent to receipt of federal funds under this contract, other federal financial assistance is received relative to the scope of work of this contract. 26. PRECEDENCE OF TERMS: The Contract consists of several documents. In the event of a conflict between or among terms in these documents, the following documents control in order from the most important to the least important: Special Terms and Conditions; General Terms and Conditions; the signed Contract form; and the Scope of Work. 27. PRIOR WRITTEN ApPROVAL OF CHANGES: The Grantee must obtain prior written approval from the Department for changes to the Contract, including, but not limited to, changes of substance in program activities, designs, or plans set forth in the approved scope of work or project workplan. 28. RECYCLED PAPER: Thee Grantee agrees to use recycled paper for all reports which are prepared as part of this contract and delivered to the Department. This requirement does not apply to standard forms. Page 5 of 6 29. REGULATORY COMPLIANCE: The Grantee shall comply with all laws, ordinances, rules, regulations, and lawful orders of any public authority bearing on the performance of the project and shall give all Notices required thereby. The Grantee hereby consents to inspection by any state regulatory agency having jurisdiction over any part of the work performed with the assistance of the contract funds. 30. RENEWAL OF CONTRACT: The Contract may be renewed by the Department upon written contract by both parties under the terms of the current contract, prior to the expiration. 31. SEVERABILITY: Each paragraph and provision ofthis Contract is severable from the entire contract; and if any provision is declared invalid, the remaining provisions shall nevertheless remain in effect. 32. SUBCONTRACTS: No portion ofthe Scope of Work shall be subcontracted without the prior written consent of the Department. The Grantee shall. however, remain fully liable and responsible for the work to be done by its subcontractor(s) and shall ensure compliance with all requirements of the Contract. The Grantee shall comply with all applicable provisions of the Virginia Public Procurement Act in making such awards. 33. TERMINATION FOR CAUSE: The Department reserves the right to terminate the grant in whole, or in part, at any time before the date of completion, upon written notice to the Grantee that it has failed to comply with the conditions of the Contract. In connection with such termination, payments made to the Grantee or recoveries by the Department shall be in accord with the legal rights and I iabilities of the parties. 34. TERMINATION FOR CONVENIENCE: The Department may terminate the Contract if its funding is terminated. The Department or the Grantee may terminate the contract. in whole, or in part, if both parties agree that the continuation will not produce beneficial results commensurate with further expenditure offunds. The Department and the Grantee shaH agree upon the termination conditions, including the effective date and, in the case of partial terminations, the portion to be terminated. The Grantee shaH not incur new obligations for the terminated portion after the effective date, and shall cancel as many outstanding obligations as possible. 35. UNIFORM ADMINISTRATIVE REQUIREMENTS: The Grantee shall comply with all applicable federal regulations pertaining to "Uniform Administrative Requirements for Grants and Cooperative Contracts to State and Local Governments" and "Cost Principles for State and Local Government", including but not limited to the requirements of OMB Circular A-I 02, the provisions stipulated in the Common Rule, OMB Circular A-87, OMB Circular A-2I, and any specific implementing regulations promulgated by the federal awarding agency. 36. USE OF GRANT FUNDS: Grant funds shall only be used for the purposes and activities covered in the Project Workplan. 37. SUB RECIPIENTS (Applicable only to contracts with other state agencies): All federally funded grants awarded by the Depaltment to other state agencies are considered pass-thru and shaH be reported as such by the Grantee and the Department on the Federal Schedules of Financial Assistance. Revised 9/98 Page 6 of 6 ~. .. ~ '.. .~. SPECIAL TERM AND CONDITION FOR GRANT CONTRACT CANCELLATION OF CONTRACT: The Department reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon 60 days written notice to the Grantee. Any contract cancellation notice shall not relieve the Grantee of the obligation to deliver and/or perfonn on all outstanding work prior to the effective date of cancellation. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov STEPHANIE M. MOON, CMC City Clerk January 23, 2009 SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk Darlene L. Bu rcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 38338-012209 conditionally authorizing the appropriate City officials to amend the 2005-2010 Consolidated Plan regarding the YWCA Inman Building Demolition Project, including submission of necessary documents to the U. S. Department of Housing and Urban Development (HUD). The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Thursday, January 22, 2009. Sincerely, ~/Yl.r?rhU Stephanie M. Moon, CMC City Clerk SM M :ew Attach ment pc: Ann H. Shawver, Director of Finance William M. Hackworth, City Attorney R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Director, Management and Budget Thomas N. Carr, Director, Planning, Building and Development Frank E. Baratta, Budget Team Leader ~\f)\ \\~~ \~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd day of January, 2009_ No. 38338-012209. A RESOLUTION conditionally authorizing the appropriate City officials to amend the 2005- 2010 Consolidated Plan regarding the YWCA Inman Building Demolition Project, including submission of necessary documents to the U.S. Department of Housing and Urban Development CRUD). BE IT RESOLVED by the Council of the City of Roanoke that the City Manager is hereby authorized to execute an amendment to the 2005-2010 Consolidated Plan regarding the YWCA Inman Building Demolition Project, including submission of necessary documents to BUD, approved as to form by the City Attorney, as more particularly set forth in the City Manager's letter dated January 22,2009; such authorization subject to no compelling objections being received prior to the end ofthe public comment period. ATTEST: ~in.~wv Citydl~rk. \ \ R-CDBG-Amend Plan for YWCA Project.doc CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov january 22, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice-Mayor Honorable Gwendolyn W. Mason, Council Member Honorable Alvin L. Nash, Council Member Honorable Anitaj. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of Council: Subject: 2005-2010 Consolidated Plan Amendment for YWCA Inman Building Demolition Project Background: In response to the City's announcement of Community Development Block Grant (CDBG) funds expected to be available for the FY 2008-2009 period, the YWCA of Roanoke Valley submitted an application in january 2008 for assistance to demolish its Inman Building, a single-story deteriorated and blighting structure adjoining the west side of the main building. As part of its funding request, the YWCA also sought assistance to pave the parcel after the demolition and establish a pay-for-parking lot on the site; this would provide employment opportunities for YWCA residents and an additional revenue source for the organization. Due to CDBG eligibility complications associated with the commercial and employment aspects of the YWCA's application, funding was not awarded. However, while an award was not made, the City advised that it was willing to provide funding for the demolition, if the YWCA could raise the funding for paving the site. The YWCA has secured funds from the Virginia Department of Housing and Community Development for this purpose. Therefore, the City is prepared to provide an estimated $40,000 in CDBG funds for the demolition, which includes assistance for environmental assessments, required lead and asbestos abatement and other demolition-related costs. The Honorable Mayor and Members of Council January 22, 2009 Page 2 Considerations: The City's Consolidated Plan. does not presently provide for funding the YWCA's demolition project. Consequently, the plan must be amen.ded to add this use of CDBG funds, a process requiring not less than 30 calendar days for public review and comment. A notice regarding the process appeared in the Roanoke Times on January 2, 2009, with a deadline of February 2, 2009, for comments. To expedite the process, a conditional approval of the plan amendment is being sought from Council at this time. Provided that no compelling objections are received, the plan amendment will be implemented as of the close of business on February 2nd. Should compelling objections arise, amendment of the plan will be deferred until staff can achieve a resolution of issues, after which appropriate action will be sought from Council. A subgrant agreement will be required to provide the YWCA access to the COBG funds; however, the $40,000 to be obligated is within the City Manager's direct authority and does not require Council action. Funding is currently available in CDBG unprogrammed funds accounts. Recommended Actions: Approve amending the City's Consolidated Plan to allow the use of COBG funds for the YWCA Inman Building Demolition Project, such amendment to take effect upon, and provided that no compelling objections have been received by, the conclusion of the public review period, and authorize the City Manager to execute and submit any necessary documents, approved as to form by the City Attorney, to the United States Department of Housing and Urban Development for such purpose. Darlene L. Bu City Manager c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Thomas N. Carr, Director of Planning, Building and Development Frank E. Baratta, Budget Team Leader CM09-00002 r CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, SW, Suite 461 PO Box 1220 Roanoke, Virginia 24011-1220 Telephone: (540) 853-2821 Fax: (540) 853~6142 ANN H. SHAWVER, CPA Director of Finance January 22, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable Gwendolyn W. Mason, Council Member Honorable Alvin L. Nash, Council Member Honorable AnitaJ, Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: 'Subject: November Financial Report The revised revenue estimate for FY09 totals $260.4 million, representing a 3.1 % increase over the adopted budget for FY08. Additional sources of revenue include projected increases in Real Estate and Personal Property taxes, as well as projected growth in Telecommunications, Consumer Utility, Cigarette, and Prepared Food and Beverage taxes. These expected increases are partially offset by anticipated declines in other areas due to current economic conditions as well as State budget cuts. Revenues with projected decreases over the prior fiscal year include Sales tax, Business License, Housing of Federal Prisoners, and various State revenues. Revenues Revenues through November increased 0.7% compared to the prior fiscal year. Several key local taxes are continuing to perform quite well, despite economic strains and expectations of future declines. A few are exhibiting sluggish growth, and the following passages will a:ddre~s bofh . positive and negative trends. There are Honorable Mayor and Members of Council January 22, 2009 Pag e 2 difficulties in predicting the ultimate FY09 performance of our local tax category at this point in the fiscal year. Some of the City's major taxes; business license, the second installment of real estate, and personal property, are due in the second half of the fiscal year. In addition, based on information received from the Commonwealth, the City expects additional reduced funding from the State in the amount of approximately $340,000 in FY09 beyond the approximately $1.1 million already incorporated into our budget. Detailed comments on budgetary variances for our major revenues are addressed as follows: General Property Taxes increased 4.4% in total as a result of growth in real estate assessments. The first installment of the real estate tax was due October 5th. This tax is expected to grow by approximately 4.9% as a whole in FY09, and actual growth has followed this trend for the first five months of the fiscal year. Partially offsetting the increase in this category is a decline in personal property tax revenue compared to last year due to lower monthly billings on new vehicles. As previously mentioned, the due date for the majority of FY09 personal property taxes is not until the second half of the fiscal year. Other Local Taxes decreased 1.6% in the current fiscal year. In this category, sales tax has grown 4.3% over the past year due to increases in sales from electrical and building/asphalt businesses as well as new stores that opened within the City such as Home Depot, Chick-fil-A, and Panera Bread. Transient occupancy increased 3.5% and prepared food and beverage increased 1.1 % over the same period compared to FY08. Business license and motor vehicle license also increased. Telecommunications tax decreased due to lower distributions State wide in October and November. Fiscal year 2008 revenues for this period were higher than usual due to one time corrections for two large providers that had not properly filed telecommunication tax returns for January through July 2007. Consumer utility taxes, most notably electric services, decreased as a result of a change in weather conditions compared to the same time period last year. Weather patterns this fiscal year resulted in a decrease in consumption and the corresponding tax revenue. Cigarette, recordation, and admission taxes have decreased as well. Honorable Mayor and Members of Council January 22, 2009 Pag e 3 Permits. Fees and Licenses decreased 31.7% from FY08 due to a decline in building inspection permit fees, most notably due to the William Fleming High School project and Carilion Medical Center which were both permitted last year. Fines and Forfeitures decreased 12.7% from the prior year primarily due toa decline in Parking Ticket revenue. Tickets for "Failure to Display a Valid Decal" are no longer issued as a result of the City eliminating vehicle decals. A reduction in Collection Fees and Miscellaneous Fines and Forfeitures also contributed to the variance. Grants in Aid Commonwealth decreased slightly from FY08. Although the net decrease is less than 3%, there are a few increases and decreases in significant revenue sources wort~ noting. Street maintenance revenues grew 3.3% due to the increased quarterly receipts from the Virginia Department of Transportation. The rental car tax decreased from the same time period compared to FY08 due to the timing of the second quarterly collection of the tax. Also contributing to the net variance is an expected 5% decrease in Law Enforcement HB599 funding. Internal Services grew 18.8% compared to the prior year due in part to a new revenue source in FY09, School Playground Services. The School Board contracted with the City to provide playground maintenance and inspection services to all of its playgrounds. The budgeted revenue has been received in full for FY09 and will be offset by ongoing expenditures in a newly cr'eated unit within the Parks, Recreation, and Culture category. An increase in billing of the School's share of the Comprehensive Services Act (CSA) expenditures as a result. of higher educational related CSA expenditures incurred by the City is also contributing to the variance. In addition, building maintenance charges grew primarily due to unplanned maintenance of the City Market Building. Transfers from Other Funds increased $33,333 from last year due to the transfer of funding from capital projects contingency to cover the second installment due to the Historical Society of Western Virginia. The City currently has a commitment to provide capital funding to the Historical Society in the amount of $100,000 over three years. Last year's installment was funded by the Capital Maintenance and Equipment Replacement Program (CMERP). \. Honorable Mayor and Members of Council January 22, 2009 Pag e 4 Expenditures The FY09 expenditure budget totals $261.7 million and includes funding of approximately $1.3 million to cover contracts and purchase orders made during FY08 but not paid by the end of that year. The General Fund expenditures and encumbrances through November were $115.8 million. Compared to the prior year, these expenditures in total represent a slight increase of 1.6% or $1,796,273. Decreased spending due to the timing of certain non- departmental transfers was offset by increased spending for Street Paving. Both increases and decreases are discussed in the following sections in detail. In FY09, the average employee pay raise was 2%, which caused a slight increase in many categories of expenditures. The variances detailed in this report are in addition to this rise in personnel cost. Public Works expenditures increased 15.8% or $1.8 million. Almost all of this increase c~n be attributed to a larger amount of paving program contracts in FY09 compared to the same time in FY08. While the paving program itself increased only slightly, there was a large swing in timing of activity between the two fiscal years. This related to the timing of when the City was able to award and amend contracts for the summer 2008 paving season. Nondepartmental expenditures decreased 60.2% or $1.3 million. . There were significant variances in transfers to the Capital Projects Fund, Grant Fund, and Risk Management Fund. There has been a significant decrease in transfers to Capital Projects Fund as a result of the City's commitment to build its fund balance levels. While appropriations of $717,325 in undesignated fund balance had been made by this time last year, none have been appropriated in FY09. In the prior year, a $250,000 transfer was made to the Risk Management Fund during the first quarter, but the transfer will be made in January for FY09. Honorable Mayor and Members of Council January 22, 2009 Page 5 Sincerely, trJ~wveJC- Ann H. Shawver Director of Finance Attachments c: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Stephanie M. Moon, CityClerk James Grigsby, Assistant City Manager R. Brian Townsend, Assistant City Manager Sherman M. Stovall, Director of Management and Budget Rita D. Bishop, Superintendent, Roanoke City Public Schools Curtis D. Baker, Deputy Superintendent of Operations, Roanoke City Public Schools Percent of July 1 . November 30 July 1 - November 30 Percentage Unencumbered Revised Budget Expenditures 2007-2008 2008-2009 of Change Balance Appropriations Obligated General Government $ 5,531,871 $ 5,596,191 1.2 % $ 7,926,764 $ 13,522,955 41.4% Judicial Administration 3,259,990 3,438,810 5.5 % 4,993,655 8,432,465 40.8% Public Safety 27,762,363 28,060,149 1.1 % 33,759,013 61,819,162 45.4% Public Works 11.497,546 13,310,729 15.8 % 13,979,214 27,289,943 48.8% Health and Welfare 15.514,639 16,082,503 3.7 % 23,611,403 39,693,906 40.5% Parks, Recreation and Culture 5,354,952 5,408.099 1.0 % 6,013,764 11,421,863 47.3% Community Development 3,093,936 3,044,552 -1.6 % 3,082,566 6,127.118 49.7% Transfer to Debt Service Fund 13,404.010 13,579,663 1.3 % 7,571,216 21,150,879 64.2% Transfer to School Fund 26,407,465 26.394,775 0.0 % 36,952,686 63,347,461 41.7% Nondepartmental 2,147,328 854,902 -60.2 % 8.025,963 8,880,865 9.6% Total $ 113,974,100 $ 115,770,373 1.6 % $ 145,916,244 $ 261,686,617 44.2% Revenue Source General Property Taxes Other Local Taxes Permits, Fees and Licenses Fines and Forfeitures Revenue from Use of Money and Property Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Intemal Services Transfers From Other Funds Miscellaneous Revenue Total CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF REVENUE (UNAUDITED) Year to Date for the Period Current Fiscal Year Percent of Revised Revenue July 1 . November 30 July 1 - November 30 Percentage Revenue Estimate 2007-2008 2008-2009 of Change Estimates Received $ 38,325,073 $ 40,000,814 4.4 % $ 101,584,000 39.4% 18.076,545 17,785,857 -1.6 % 74.724,000 23.8% 770.862 526,524 -31.7 % 1,266,000 41.6% 657,762 574,354 -12.7 % 1,535,000 37.4% 455,516 414,705 -9.0 % 784,000 52.9% 18,785,423 18,340,257 -2.4 % 68,990,852 26.6% 0.0 % 38,000 0.0% 3,434,388 3,274,769 -4.6 % 8,111,000 40.4% 829,810 985,409 18.8 % 2,779,435 35.5% 33,333 100.0 % 33,333 100.0% 270,112 258.822 -4.2 % 522,000 49.6% $ 81,605,491 $. 82,194,844 0.7 % $ 260,367,620 31.6% STATEMENT OF EXPENDITURES AND ENCUMBRANCES (UNAUDITED) Year to Date for the Period Current Fiscal Year CITY OF ROANOKE, VIRGINIA CIVIC FACILITIES FUND COMPARATIVE STATEMENT OF REVENUES AND EXPENSES FOR THE FIVE MONTHS ENDED NOVEMBER 30, 2008 (UNAUDITED) FY 2009 FY 2008 Operatina Revenues Rentals $ 298,405 $ 301,874 Event Expenses 70,749 91,428 Display Advertising 18,668 20,835 Admissions Tax 63,766 120,517 Electrical Fees 21,424 12,587 Novelty Fees 11 ,452 28,401 Facility Surcharge 42,134 47,496 Charge Card Fees 18,845 13,987 Commissions 11,010 10,409 Catering/Concessions 9,275 190 Other 860 30 Total Operating Revenues 566,588 647,754 Operatina Expenses Personal Services 669,366 803,890 Operating Expenses 493,150 487,608 Depreciation 383,108 364,838 Total Operating Expenses 1,545,624 1,656,336 Operating Loss (979,036) (1,008,582) Nonoperatina Revenues/lExpenses) Other 14,852 510 Investment Income 7,475 8,990 Interest Expense (1) (264,319) (270,135) Net Nonoperating Expenses (241,992) (260,635) Loss Before Transfers and Contributions (1,221,028) (1,269,217) Transfers and Contributions Transfers Out (50,559) (46,309) Net Transfers and Contributions (50,559) (46,309) Change in Net Assets $ (1,271,587) $ (1,315,526) (1) FY2008 was restated to reflect a correcting entry made later in the year. 2 3 CITY OF ROANOKE, VIRGINIA MARKET BUILDING FUND COMPARATIVE STATEMENT OF REVENUES AND EXPENSES FOR THE FIVE MONTHS ENDED NOVEMBER 30, 2008 (UNAUDITED) FY 2009 FY 2008 Operatina Revenues Charges for Services $ 92,006 $ 90,432 Total Operating Revenues 92,006 90,432 Operatina Expenses Other Services and Charges Depreciation 305,688 42,232 347,920 88,534 39,421 127,955 Total Operating Expenses Operating Loss (255,914) (37,523) Nonoperatina Revenues Investment Income 2,880 13,580 Miscellaneous 88 19 Net Nonoperating Revenues 2,968 13,599 Loss Before Transfers & Contributions (252,946) (23,924) Transfers and Contributions Transfers In 570 Net Transfers and Contributions 570 Change in Net Assets $ (252,946) $ (23,354) 4 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED NOVEMBER 30, 2008 TOTHE 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 NOVEMBER 30, 2008. BALANCE AT OCT 31, 2008 CONSOLIDATED FUNDS $92,770,818.54 RECEIPTS $17,956,905.19 BALANCE AT DISBURSEMENTS NOV 30, 2008 $26,406,800.70 $84,320,923.03 BALANCE AT NOV 3D, 2007 $80,170,084.56 CERTIFICATE 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 NOVEMBER 30, 2008. THAT SAID FOREGOING: CASH CASH IN HAND CASH IN BANK . INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS: WACHOVIA OVERNIGHT SWEEP ACCOUNT LOCAL GOVERNMENT INVESTMENT POOL SUNTRUST INSTITUTIONAL MONEY MARKET U. S. AGENCIES VIRGINIA AIM PROGRAM (U. S. SECURITIES) VIRGINIA SNAP PROGRAM (U. S. SECURITIES) TOTAL $9,260.79 378.456.34 1,007,000.00 25,089,795.44 9,846,610.34 14,500,000.00 8,940,363,21 24,549,436.91 $84,320,923.03 DECEMBER 19, 2008 .>:: ~_,h,. ~ ~LYN .POWERS,TREASURER 5 CITY OF ROANOKE PENSION PLAN STATEMENT OF CHANGES IN PLAN NET ASSETS FOR THE FIVE MONTHS ENDED NOVEMBER 30, 2008 (UNAUDITED) FY 2009 FY 2008 Additions/CReductions ): Employer Contributions $ 4,956,115 $ 4,712,105 Investment Income Net Appreciation (Depreciation) in Fair Value of Investments (85,881,272) 4,173,596 Interest and Dividend Income 2,901,813 1,917,932 Total Investment Income (Loss) (82,979,459) 6,091,528 Less Investment Expense 83,865 53,941 Net Investment Income (Loss) (83,063,324) 6,037,587 Total Additions/(Reductions) $ (78,107,209) $ 10,749,692 Deductions Benefits Paid to Participants Administrative Expenses Total Deductions $ 10,831,913 8,300 10,840,213 $ 10,307,055 17,061 10,324,116 Net Increase (Decrease) (88,947,422) 425,576 Net Assets Held in Trust for Pension Benefits: Fund Balance July 1 Fund Balance November 30 344,383,415 $ 255,435,993 378,571,495 $ 378,997,071 Note: Increase in employer contributions due to change in method utilized for the accrual of retirement contributions at the end of the prior fiscal year. Required contribution rate deceased by approximately 2%. 6 CITY OF ROANOKE PENSION PLAN STATEMENT OF PLAN NET ASSETS NOVEMBER 30 ,2008 (UNAUDITED) FY 2009 FY 2008 Assets Cash $ 1,126,087 $ 874,380 Investments, at Fair Value 256,477,668 380,192,426 Due from Other Funds 1,811 3,097 Total Assets $ 257,605,566 $ 381,069,903 Liabilities and Net Assets Liabilities: Due to Other Funds Accounts Payable $ 2,169,467 . $ 106 2,071,369 1 ,463 . Total Liabilities 2,169,573 2,072,832 Net Assets Held in Trust For Pension Benefits $ 255,435,993 $ 378,997,071 .7 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk January 23, 2009 CECELIA T. WEBB Assistant Deputy City Clerk Ann H. Shawver . Director of Finance Roanoke, Virginia Dear Ms. Shawver: I am attaching copy of Budget Ordinance No. 38339-012209 appropriating funds from the Federal government and donations, and amending and reordaining certain sections of the 2008-2009 School Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Thursday, January 22, 2009, and is in full force and ,effect upon its passage. Sincerely, 9:!:!~n~~~ City Clerk S M M :ew Attach me nt pc: Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools, P. O. Box 1 3145, Roanoke, Virginia 24031 Cindy H. Poulton, Clerk, Roanoke City School Board, P. O. Box 13145, Roanoke, Virginia 24031 Darlene L. Burcham, City Manager William M. Hackworth, City Attorney R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Director, Management and Budget ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd day of January, 2009. No. 38339-012209. AN ORDINANCE to appropriate funding from the Federal government and donations, amending and reordaining certain sections of the 2008-2009 School 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 2008-2009 School Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Admini~trative Staff Social Security Health/Dental Instructional Staff Social Security Health/Dental Food Tournament Fees Tournament Travel T eacherSalary Social Security Instructional Staff English Teachers Math Teachers Supervisors Supplemental Instruction Salary Contracted Services . Travel Parent Involvement Revenues Donations Federal Grant Receipts Federal Grant Receipts 302-100-11 02-1000-707C-611 00-41138-9-05 302-100-1102-1 000-707C-611 00-42201-9-05 302-100-1102-1 000-707C-611 00-42204-9-05 302-110-1102~1000-707C-61100-41138-9-05 302-110-1102-1000-707C-61100-42201-9-05 302-110-11 02-1000-707C-611 00-42204-9-05 302-110-1102-1 000-707C-611 00-46602-9-05 302-110-1102-1000-707C-61100-45586-9-05 . 302-110-1102-1 000-707C-611 00-45553-9-05 302-110-0000-1 070-134C-611 00-41121-3-09 302-110-0000-1070-134C-61100-42201-3-09 302-11 0-0000-0000-135C-611 00-41121-2-01 302-110-1302-0000-135C-61100-41121-2-01 302-110-1305-0000-135C-61100-41121-2-01 302-11 0-0000-0000-135C-611 00-41124-2-01 302-11 0-0000-0000-135C-611 00-41129-2-01 302-11 0-0000-0000-135C-611 00-43313-2-01 302-11 0-0000-0000-135C-611 00-45554-2-01 302-r1 0-0000-0000-135C-611 00-45585-2-01 302-000-0000-0000-707C-00000-33820-0-00 302-000-0000-0000-134C-00000-380 10-0-00 302-000-0000-0000-135C-00000-38367 -0-00 $ 2,500 191 275 3,500 268 385 881 2,000 5,000 6,124 468 21,940 (9,800) 3,206 (17,550) 35,963 174 (3,077) (20,000) 15,000 6,592 10,856 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. . .. ( \ / I", ) ATTEST: ~Ih.~ City Clerk. CITY OF ROANOKE SCHOOL BOARD P.O. Box 13145, ROANOKE, VA 24031 . 540.853.2381 . 540.853.2951 January 22, 2009 The Honorable David Bowers, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As the result of official School Board action at its January 13 meeting, the Board respectfully requests the appropriation of the following funds: · $15,000.00 for the Chess Program to provide funds to pay for chess program administration including materials and tournament participation costs. This continuing program is funded with a donation. · $6,592.00 for the Title I, Part D Detention Center Reading program to provide funds to employ a part-time reading teacher at the Roanoke Juvenile Detention Center. This continuing program is one hundred percent reimbursed by federal funds. · $10,856.00 for the Title II, Part A Improving Teacher Quality program to provide funds for the placement of classroom teachers in grades one through three throughout the district to reduce class size and to provide teacher and principal training. This continuing program will be one hundred percent reimbursed by federal funds. The School Board thanks you for your approval of the appropriation requests. Sincerely, ~~~~~ Cindy HQulton, Clerk re cc: Mr. David B. Carson Dr. Rita D. Bishop Mr. Curtis D. Baker Mrs. Margaret A. Lindsey Ms. Darlene L. Burcham Mr. William M. Hackworth Mrs. Ann H. Shawver Mrs. Yen Ha (with accounting details) CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, SW, Suite 461 PO Box 1220 Roanoke, Virginia 24011-1220 Telephone: (540) 853-2821 Fax: (540) 853-6142 ANN H. SHAWVER, CPA Director of Finance january 22, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice-Mayor Honorable Gwendolyn W. Mason, Council Member Honorable Alvin L. Nash, Council Member Honorable Anita j. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: School Board Appropriation Request As the result of official School Board action at jts january 13 meeting, the Board respectfully requests that City Council appropriate the following funds: · $15,000 for the Chess Program to provide funds to pay for chess program administration including materials and tournament participation costs. This continuing program is funded with a donation. · $6,592 for the Title I, Part D Detention Center Reading program to provide funds to employ a part-time reading teacher at the Roanoke juvenile Detention Center. This continuing program is one hundred percent reimbursed by federal funds. · $10,856 for the Title II, Part A Improving Teacher Quality program to provide funds for the placement of classroom teachers in grades one through three throughout , the district to reduce class size and to provide teacher and principal training. This continuing program will be one hundred percent reimbursed by federal funds~ We recommend that you concur with this report of the School Board and adopt the attached budget ordinance to appropriate funding as outlined. Sincerely, (}6.~ Ann H. Shawver. Director of Finance Honorable Mayor and Members of Council January 22, 2009 Page 2 c: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Stephanie M. Moon, City Clerk Sherman M~ Stovall, Director of Management and Budget Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov STEPHANIE M. MOON, CMC . City Clerk Ann H. Shawver Director of Finance Roanoke, Virginia Dear Ms. Shawver: SHEILA N. HARTMAN, CMC Deputy City Clerk ' CECELIA T. WEBB Assistant Deputy City Clerk January 24, 2009 I am attaching copy of Budget Ordinance No. 38333-012209, as amended, appropriating funds from the Economic and Communi~ Development Reserve for Architectural and Engineering Services at the City Market Building, and amending and re-ordaining certain sections of the 2008-2009 General and Market Building Funds Appropriations. The abovereferenced measure was adopted on its first reading by the Council of the City of Roanoke at a regular meeting held on Monday, January 5, 2009, and also adopted on its second and final reading on Thursday, January 22, 2009, and is in full force and effect upon its passage. SM M :ew Attachment Sincerely, , ~m.rr;~~ Stephanie M. Moon, CMC City Clerk Ann H. Shawver January 23, 2009 Page 2 pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Director, Management and Budget James Grigsby, Assistant City Manager of Operations Robert K. Bengtson, PE, Director of Public Works Philip C. Schirmer, PE, LS, City Engineer Mark D. Jamison, P. E., PTOE, Manager, Transportation Division s.~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd day of January, 2009. No. 38333-012209. AN ORDINANCE to appropriate funding from the Economic and Community Development Reserve for Architectural anc;l Engineering Services at the City Market Building, amending and re-ordaining certain sections of the 2008-2009 General and Market Building Funds Appropriations. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2008~2009 General and Market Building Funds Appropriations be, and tne same are hereby, amended as follows: Capital Proiects Fund Appropriations Transfer to Market Building Fund 08-530~9712-9504 Fund Balance Economic and Community Development Reserve 08-3365 $ 120,000 (120,000) Market BuildinQ Fund Appropriations Appropriated from General Revenue 09-610-8137 -9003 Revenues Transferfrom Capital Projects Fund 09-110-1234-0959 120,000 120,000 j! ATTEST: >lJ1"110OW City Clerk. CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokeva.gov January 5, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable Gwendolyn W. Mason, Council Member Honorable Alvin L. Nash, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Funding Appropriation for City Market Building Renovation - Architectural and Engineering Services Background: City staff has completed the selection process for professional services related to the proposed renovation of the City Market Building. A selection committee that included Brian Townsend, Assistant City Manager for Community Development, Tom Carr, Director of Planning Building and Development, Lisa Soltis, Economic Development, Phil Schirmer, City Engineer, and Mark Clark of Southwest Restorations reviewed all submittals in response to the City's publicly advertised solicitation. Eleven firms submitted their qualifications to the City and five firms were selected for interviews by the Selection Committee. The firm of Cunningham + Quill Architects, PLLC of Washington, DC was selected by the committee as most qualified for the proposed work. An acceptable agreement has been negotiated with the selected firm and will provide for evaluation of the existing building systems including structure, mechanical, plumbing and electrical facilities currently in place. In addition, the selected firm will hold three public meetings to solicit ideas and input from our citizens, including the stakeholders. The citizen input will be used to develop three concepts for the proposed Market Building renovation. Order of magnitude cost estimates will be prepared for each concept. Based upon further public comment, the three concepts will be refined to a preferred Honorable Mayor and Members of City Council January 5, 2009 Page 2 concept. The consultant has prepared a project schedule that will produce a completed concept design for the facility by May 2009. The City Manager has authority, pursuant to the City Code, to sign the contract with the consultant when funding is available. Funding for the consultant services is available in the Economic and Community Development Reserve, but needs to be appropriated by Council to an account to be established in the Market Building Fund. Recommended Action: Appropriate funding in the amount of $160,000 from Economic and Community Development Reserve to an account to be established by the Director of Finance in the Market Building Fund entitled City Market Building Renovation. Respectfully submitted, Darlene L. Burcham City Manager DLB/PCS/lmb Attachment c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance James Grigsby, Assistant City Manager for Operations Sherman M. Stovall, Director of Management and Budget Robert K. Bengtson Director of Public Works Philip C. Schirmer, PE, LS, City Engineer Mark Jamison, Manager, Transportation Division CM08-00210 , .., It, City of Roanoke 2Q08 Survey of Market Building, Patrons Summary of Results Prepared by: The Department of Management and Budget November 2008 '::: !~' . -'i ! . r-- ~o. 0.. . Introduction As a way to obtain citizen comments on the Market Building, it was determined that a survey of patrons would be beneficial. The goal would not be to conduct a scientific study with a random sampling of citizens to achieve a pre-determined number of responses with a specific margin of error. Instead, the objective would simply be to interview as many Market Building patrons as possible during a given time period to get their feedback. Their responses would serve as another source of information to be considered when contemplating changes to the Building. To begin the process, Department of Management and Budget staff, working in conjunction with the City Manager's Office, drafted a proposed survey instrument. The document was reviewed with the Virginia Tech Center for Survey Research, which is the group that conducts the City's Citizen Survey. The Director of the Virginia Tech Center for Survey Research provided feedback on the questions, and the survey was revised with those comments in mind. The fmished survey had five closed~end questions and two open~ended questions (please see Appendix A for a copy of the instrument). It was felt the best time to conduct the survey would be over a three-day period during the lunchtime hours. The decision was made to do so on a Monday, a Thursday, and a Saturday between 11 :00 a.m. and 2:00 p.m. The survey was conducted on Saturday, November 1 st, Monday, November 3rd, and Thursday, November 6th during those same hours. Methodology Twelve City staff members were involved in conducting the survey in face-to-face interviews with Market Building patrons. At any given time during the three hours each day that the survey was taken, five to six of those people were participating. Since the Building has an entrance on four streets - Campbell Avenue, Wall Street, Market Street, and Salem Avenue - care was given to have each entrance covered at all times and to interview people both entering and exiting the Building. . With Campbell A venue being the main entrance, two or three people conducted interviews there, depending on the day and the time of day. There was one person posted at each of the other. three entrances. Since these three entrances were often not as busy as the Campbell Avenue entrance, the interviewers would also approach people walking up and down the sidewalks on those streets. As previously mentioned, this was not a scientific survey, so there was no attempt made to interview a random selection ofthe Building's customers, nor was there a pre-determined goal in mind of number of surveys to be obtained. Each interviewer's goal was to survey as many adult patrons as possible during the time period he/she was on duty. If a Market Building vendor or their employees wished to complete a survey, they were included in the survey pool as well. Upon completion of the survey process, the resuhs were tabulated. Results of the closed-end questions #'s 1 through 5 Over the three-day period. 561 surveys were completed. Question # 1: Which locality are you a resident of? . 44.9% of the respondents were City of Roanoke residents . 25.7% were Roanoke County citizens . 7.8% were Botetourt County residents . 3.7% were Salem residents . 17.9% live in various other localities Question #2: How often do you come to the City Market Building? Of the choices given, . 37.8% come 1-3 times per week . 29.2% come 1-3 times per month . 16.9% say they come 4-7 times per week . 16.1 % only come to the Building on special occasions. Question #3: On average, when do you usually visit the Market Building? Of the possible selections noted, . 47.6% stated they visit daily (on weekdays only) . 27.1 % indicated they visit weekly (both weekdays and Saturdays) . 105% noted they visit only on Saturdays . 5.2% indicated they visit only at festivals and other special events . 2.7% noted they visit monthly . 6.9% visit at some other frequency. Question #4: Why do you visit the Building? Of the options presented, . 72.2% of the respondents indicated they visit to eat at the Food Court 3.6% of the citizens stated to yisit the retail shops 18.5% of the respondents indicated they liked to both eat at the Food Court and visit the retail shops 5.7% of the respondents gave another reason for visiting. Question #5: What services/activities not currently offered at the Building would make you visit it more frequently if they were added? Respondents could choose from one or more of five responses so the total percentage of responses can exceed 100%. Patrons were also asked to provide examples for four of the responses. · 36.5% of the respondents indicated that more food vendors similar to the type already in the Market Building would make them visit more frequently. ~. · 27.5% indicated ifdifferent types of food vendors were added, it would make them visit more frequently. o Of the 154 responses received for this selection, 65 people expressed their desire for different food vendors but did not give an example of what they would like to see. o Ofthose people surveyed who did provide a specific response, the following types of food vendors were suggested by at least 10 respondents: · Mexican food (16) · Salad/soup (16) · National chain restaurants (10) . 14.3% ofthe people surveyed indicated if a full service restaurant with seating was. offered, it would make them visit more frequently. o However, of the 80 responses received for this selection, 58 did not give an example of a restaurant they would like to see. o For those that did 'give an example, the responses varied widely. . 15.7% of those questioned indicated they would visit the Market Building more frequently if more retail shops were added. o Again however, ofthe 88 responses received for this selection, 39 did not give an example ofa type of retail shop they would like to see. o The remaining responses were varied. . The last choice people could Select for this question was "other types of services" that would make them visit more frequently. 28.5% of the people responded to this selection. o However, ofthe 160 people who responded, 92 indicated that "no changes should be made" or that the Building should be "left as it is". In effect, 16.4% of the respondents to this selection indicated that no changes should be made to the Building. o Only 68 people or 12.1 % would like to see "other types of services". As with the previous 2 choices above, the 68 responses were quite varied. (Please see Appendix B for the summary tables and graphs of the above results.) Results of the open-ended questions #6 and #7 Question #6: What one thing do you like best about the Market Building? A variety of responses were received and it was often difficult for the respondent to just identify one item. In those cases, the interviewers generally recorded all of the person's comments. In reviewing all ofthe responses to this question, it would appear that they can be broken down into 6 broad categories: . Diversity and variety of food and vendors - 23.0% ofthe 561 responses listed this characteristic . Character of the Building itself(to include history. structure. and architecture)- 20.5% . Convenience and location -- 18.9% . Local vendors/mom and pop businesses/no chain restaurants - 12.8% . Atmosphere and ambiance ofthe Building - 12.3% . Cleanliness and recent renovations - 4.5% . All other responses - 8.0% of patrons identified a variety of other items they liked about the Building (Please see Appendix B for the summary table and graph of the above results.) Question #7: What is the most important thing you would change or improve if you could about the Building? As with question #6, it was often difficult for the respondent to just name one thing. Again, in those cases, the surveyors generally recorded all of the person's comments. In analyzing the responses to this question, it would seem that they can be broken down into 13 major categories. As with question 5e above, there were a significant number of people who felt that no changes needed to be made to the Building, and that is should be kept like it is. In fact, it was the top comment heard from the survey respondents on this question. The complete list of categories includes the following: . "No changes. leave it like it is" - 17.3% of the 561 responses . Ongoing maintenance and/or improved cleanliness -15.0% ofthe responses . More and/or improved seating - 11.4% . Update. modernize. renovate the Building - 10.0% . More and/or improved bathrooms - 5.5% . Use ofthe top floors - 5.0% . More and/or improved lighting - 3.9% . More food spots or vendors - 3.7% . More and/or improved parking - 3.4% . Extended hours - 3.2% . Outdoor dining -1.8% . Improve the sidewalks - 1.1 % . All other responses - 18.7% of patrons identified a variety of other items they would like to see changed or improved about the Building (Please see Appendix B for the summary table and graph ofthe above results.) Appendix A 2008 City of Roanoke Market Building Patron Survey Instrument Date: CITY OF ROANOKE MARKET BUILDING PATRON SURVEY Introduction: Hello, my name is , and I work for the City of Roanoke. The City is conducting a brief survey with City Market Building patrons this week to get their thoughts and ideas about the Building. Could I ask for 2 to 3 minutes of your time today to answer 6 questions regarding the Building? 1. Which locality are you a resident of? a. City of Roanoke b. Roanoke County c. City of Salem d. Botetourt County e. Other: 2. How often do you come to the City Market Building? a. 1-3 times per month b. 1-3 times per week c. 4-7 times per week d. Only on special occasions 3. On average, when do you usually visit the Market Building? a. Daily (only on weekdays) b. Weekly (weekdays and. Saturdays) c. On Saturdays only . d. Monthly e. At festivals and other special events f. Other: 4. Why do you visit the Building? a. To eat at the Food Court b. To visit the retail shops c. Other: 5. What services/activities not currently offered at the Building would make you visit it more frequently if they were added? a. More food vendors similar to the type already in the Market Building b. Different types of food vendors Please provide example(s) of the different types of food vendors you would like to see: c. Full service restaurants with seating Please provide example(s) of the types of restaurants you would like to see: d. More retail shops Please specify: e. Other types of services you would like to see: 6. What one thing do you like best about the Building? 7. What is the most important thing you would change or improve if you could about the Building? . Those are all of my questions. Thank you for your help with our survey. Have a nice rest ofthe day. K:\MktBldgSurvey.doc (Revised alo 9/19/08) Appendix B: Summary Table and Graph for Each Question Exhibit 1: Which Locality are you a resident of? 50.0% 40.0% 30.0% 20.0% 10.0% 0.0% City of Roanoke: Roanoke County: Botetourt City of Salem: County: Other: N b p ta City of Roanoke: Roanoke County: Botetourt County: City of Salem: Other: um er ercen age 252 44.9% 144 25.7% 44 7.8% 21 3.7% 100 17.9% Exhibit 2: How often do you come to the City Market Building? 40.0% 10.0% 30.0% 20.0% 0.0% 1-3 times per week 1-3 times per month . 4-7 times per week Only on Special Occasions 1-3 times per week 1-3 times per month 4-7 times per week Only on Special Occasions Number PercentaQe 212 37.8% 164 29.2% 95 16.9% 90 16.1% \: Exhibit 3: On average, when do you usually visit the Market Building? 50.00% 40.00% 30.00% 20.00% 10.00% 0,00% Daily (on Weekly Weekdays): (weekdays and Saturdays): On Saturdays only: Monthly: At festivals and other special events: Other: N b P Daily (on Weekdays): Weekly (weekdays and Saturdays): On Saturdays only: Monthly: At festivals and other special events: Other: urn er ercentaae 267 47.6% 152 27.1% 59 10.5% 15 2.7% 29 5.2% 39 6.9% 80.00% 70.00% . . 60.00% 50.00% 40.00% 30.00% 20.00% 10.00% 0.00% Exhibit 4: Why do you visit the Building? To eat at the Food Court: To visit the retail Both eat and visit shops: retail shops: Other: N P To eat at the Food Court: To visit the retail shops: Both eat and visit retail shops: Other: umber ercentaae 405 72.2% 20 3.6% 104 18.5% 32 5.7% Exhibit 5: What Services/Activities not currently offered at the Building would make you visit more frequently? 40.0% 30.0% 20.0% 10.0% 0,0% Similar Food Vendors Different Food Vendors Full Service Resturant More Retail Other types "No Shops of Services changes, leave as is" N b p ta Similar Food Vendors Different Food Vendors Full Service Resturant More Retail Shops Other types of Services "No changes, leave as is" urn er ercen 1ge 205 36.5% 154 27.5% 80 14.3% 88 15.7% 68 12.1% 92 16.4% Note: Respondents could choose more than one selection. Total percentage of responses can exceed 100%. ~ ::J 0 >0 ~ Q) > 0 s- a. 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Q) ": "": ~ ~ ~ 00 ~ ..; U ~ ~ ~ ~ In In M M M ~ ~ ~ ~ CIl Q. ~ CIl .c r- ~ ~ <0 ~ CO N Q) CO 0 In E N <0 0 Q) .CO <0 In M N N ~ ~ ~ ~ :J Z III III CIl .: 'E III CIl U ~ ~ :E ~ "5 a. m III .5 m~ ~ m m ~ ~ c: CIl e c: c: :: ..!2 ;l '1a.c: .~ l!! :s2 CIl-g111>'1a mO:; .llI:llIl1lg.o =-ga. CIl"CIl" "CIl" .= :;~~':~ ~>CIl -Ill > III e ~ e e ~ ~ ; m lllja.'ca.l!!a.IIla.1Il ~c: ~ c: E ~ E 0 Eo E ~ m._ 0 III "iij .;: ~ .;: ..2 .;: li -;: 5 .~ : li &EOO..!2;..!2 o.c:'-.c:f c:...:tiE"o"":ti,,,,- w, c: c: c: 0 c: CIl ~ CIl ~ .2!.: Ill.! Ill: 1lI.2 Ill" g >.! UOCllIllCllOCllCllCllc:"e- om~"~CIl~~~$_a.O t=8~g~~~~~~c3.5~ .. t "'to ' ,,- . CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue,S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 City Web: www.roanokegov.com .,} December 20,2002 Market Building Tenants 32 Market Square ' Roanoke, VA 24011 Dear Tenant: As you are already aware, the current lease agreement between the City of Roanoke and Downtown Associates, LP will expire December 31,2002. Downtown Associates and its management company, F&W Management Company, will no longer be affiliated with the City Market Building effective January 1,2003. We are in the process of selecting a new management company to provide management services for this facility, and hope to have a company hired by/February 1,2003. Until then, Beth Neu, Director of Economic Development and staff, along with the assistance of Facilities Management, will provide management services for this facility. ) /' , The partnership between the City of Roanoke and Downtown Associates generated a very successful venue that hosts a number of unique quality businesses that may not have existed elsewhere. We understand that the success of this facility could not have been realized without dedicated business owners. Because of your investment in the Market Building, we now have aJa~i1ity that serves as a model to other cities throughout the nation. As we prepare to move forward after so many past accomplishments, we are reminded that there were many obstacles we had to overcome to achieve our current level of success. Now, we must recognize and prepare ourselves for the obstacles that lie ahead, if the iviarkei Building is to continue to be a successful operation. One of the first obstacles to overcome is the current condition of the facility. As the City prepares to assume management of the Market Building, we have already identified areas of the building that require improvements. The first item we will address is the cleanliness of thefacility by providing a thorough cleaning. ,~ City custodial staff will begin an overall cleaning on Saturday, December 28. This process will take several days to complete. The cleaning process will focus on the common areas of the first floor and the mezzanine including all restrooms.City crews will not be cleaning any individual work areas or storage areas. As business owners leasing space in the Market Building, I am sure you are aware of the necessity of a clean, well presented space, so please be mindful of this process and work with us in keeping the building as clean as ~sible. Market Building Tenants December 20, 2002 Page 2 After the overall cleaning of the facility is completed, we will then begin to address other needs of the facility. It will take some time to address the many needs of this building, but each improvement will enhance the facility. As the City commits itself to make the necessary investment in the Market Building, it is extremely important that each business owner leasing space in the building join the City in a similar commitment. With this commitment, especially in a facility with multiple uses and businesses, it is necessary that all tenants agree to follow the rules and guidelines established for the operation of the facility. The current lease agreements specifically list all guidelines that must be followed. Please refer to your lease agreement, specifically Exhibit C - Rules and Regulations and Exhibit E ...,... Garbage and Rubbish. It is clear that all rules and regulations spelled out in the agreement are not being enforced currently. However, all rules and regulations will be enforced with the City's involvement with the building. We are not interested in implementing a daily "policing" service, but plan to require all tenants to abide by the established guidelines for the building. This is not to restrict your business operations or to inconvenience anyone, but it is necessary that all business owners consistently follow the rules that are established. In the future, as we continue to monitor operations, there may be a need to restructure the current rules and regulations. We will work with the Tenant Association Board in making such changes. Until the new management company is hired you may call the Department of Economic Development at 853-2715 if you have questions or need to report problems within the building during the hours of 8 AM - 5 PM, Monday thru Friday. After business hours or in case of emergency you may reach someone for assistance by calling 540-201-3214. Rent Checks should be made payable to "Treasurer, City of Roanoke". Payments should be mailed to: Department of Economic Development, 111 Franklin Rd, Suite 200, Roanoke, VA 24011. Rent is still due the first day of each month and charged a 5% late fee if received after the 10th day of the month. Thank you for your cooperation over the past year as we've dealt with many situations that have not been conducive to operating your business. Again, we are committed to the success of the Market Building and the businesses that operate within. Please continue to work with us as we restore this facility to the level that it once was. It will take time, but as we work together we can be assured of a very successful future for all involved. DLB:slm . Sin~relY, . .. ! CVJU:j.... Darle~e L. Burcu' City Manager Enclosures c: Elizabeth A. Neu, Director of Economic Development Wanda Reed, Acting Director of Facilities Management CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com "..... -qo: -'. :' ~a . November 12, 26.93 Ms. Anita Wilson, President Market Building Tenant Association 3436 Overhill Trail Roanoke,VA 24018 Dear. Ms, Wilson: Following the Market Building Tenant Association meeting held Wednesday, October 29, attended by Tim Allison, Kimberly Bisger and Scott Motley, Scott shared notes he gathered regarding concern's addressed by the tenants at this meeting. As I understand from Scott, many tenantstook this opportunity to express issues of concern regarding the manag~ment of the Market Building. I am pleased tolearnthe tenants were able to openly discuss these issues. I trust this meeting provided an adequate opportunity for all tenantsto address any concerns to Advantis for consideration and expedient resolution. Scott also explained several actions being taken to address tenant concerns. Advantis has revised paragraph 10 of the lease and Easter Moses is reviewing the changes and will work with other tenants to make sure everyone agrees with the proposed changes. Easter is also working on an alternative to the current CAM fees structure and will present his alternative to Advantis for review and comment. Tim acknowledged concerns expressed about Renu. Though the contract cannot be broken without documented cause, Tim has committed to monitoring Renu's performance more closely and asked that any problems be reported to him immediately so he may address them appropriately according io the contract. Tim and Kim also agreed to re-examine the potential Subway lease and discuss this potential lease with City staff members for further evaluation. Scott agreed to work with you regarding the tenant association fund and the copies of requested invoices. An apparent misunderstanding regarding the City's intent for this property was also discussed. Some tenants seem to believe the City Administration or City Council has plans to shut down the current businesses in the Market Building and change the use of the facility. There has not been any direction from this office or Council indicating that Market Building tenants should be "forced out" or "shut down". We are trying to develop a strategic plan for the property to ensure its future success, not its detriment. In compiling research for the strategic plan, the data continues to focus on developing new tenants for the top floor and the mezzanine. Many of you met with Dana Nottingham, the consultant who Ms. Anita Wilson November 12, 2003 Page 2 worked with the City to initiate this process last year. Dana's initial findings also indicated the first floor food court should be preserved and strengthened by enhanced visibility. I am sorry to learn there are rumors being spread that current tenants are going to be removed from the property. I am also disappointed that tenants would believe such rumors given the level of commitment the City has exhibited toward this project. With our continued commitment to this project, as with other projects throughout the City, we' must not neglect our responsibility to the citizens of the City of Roanoke in appropriately managing our financial resources. As I expiained to you in my letter dated December 20, 2002, there are many improvements needed for this property. However, it will take time to address the number of improvements required. I understand that many tenants are concerned that Advantis or the City will make changes that will negatively impact their business. No improvements or changes are intended to adversely affect any tenants. I encourage the tenant association and all tenants to work with Advantis and City staff to resolve any unanswered questions or concerns. Projects of this nature require all parties to work together in a collaborative effort to achieve success. I look forward to working together as we continue to improve the image of the Market Building. Sincerely ~ /._~Je \.. Darlene L. City Manager ;(/J~ c: Mr. Easter Moses Market Building Tenants Tim Allison, Senior Property Manager, Advantis Real Estate Services Elizabeth A. Neu, CED, Director of Economic Development Scott L. Motley, Economic Development Specialist MUNICIPAl. ~JtQ.KE MEMO.. AUDITING Date! September 27, 2001 To: parlenfBurcham, City Manager From: Subject:. . .. Please find the attached report on. our review of the City Market lease. Jf.you have any. questions, Kevin and I would be happy to meet with you~ Kevin talked with F&W's . managers and their CPA firm, so he can provide a good bit of insight that isn't in the report. . We tried to present thefinancials in a logical way while keeping the individual line item numbers the same as reported in F&W's financial statements. One number that I will point out is the rent revenue~lf you add the rent number shown and the reversing entry.. we made just below it, you have the actual cash they collected in rent Please pay . attention to the notationsWe made. The depreciation.expensewilldrop significantly in the coming year because the original improvements will be fully depreciated at that ... point. . . Overall, we found that F&W does rnanage the financial records professionally and accurately. We could verify expenditures charged to the market building were < supported and appeared to be appropriate. I thinkthetiming of this contract renewal is good, since the energy behind the renovation and operation of the building appears to .. have diminished. . We noted tbat F&W doesn't have a long-term plan for the Market Building. Our perspe~tive was that the building is being operated as a cash cow and a .. tax write-off vehicle. Tenants do have issues and are unclear about who to point the finger at, the City or F&W. Attachment: Report on City Market Building Lease (" cc: . Bob Bird, Municipal Auditor ). f. ~ ...,:" . I. . r . . MUNICIPAL AUDITING REPORT-- 8/27/01 CITY MARKET BUILDING LEASE PURPOSE To audit the financial records or Downtown Associates, LP (F&W Management, Inc.) in order to evaluate on a limited basis the operational performance of the City Market Builc~ing,and to evaluate the level of contract compliance with regard to the ag'reemen!_with the City of Roanoke. < . " METHODOLOGY We obtained trial balance data for the fiscal years 1998, 1999, and 2000,from Downtown Assbciates, LP and the compiled financial statements from their accountants; Miller, Morgan, Agee, & Clem, PC. We then adjusted the financial data to reflect operational rather than accounting revenues. To analyze the . contractual performance data, we interviewed the key management personnel. We also cond'ucted atenant survey related to keymanagementfunctions. BACKGROUND , . , "The contractuall.easebetween Downtown Associates, LP and th~city of Roanoke regarding operations of the City MarketBuilding began in 1983.. Most of the rehabilitation constrl,Jction was completed by 1985., Since 1998, the city of Roanoke had been asked to fund major capital repairs and improvements to the building, "and had most recently been asked to install a new heating and cooling .' system. At the time we began our review, Downtown Associates had been managing the City Market Building f<:jf 19 years of a 20-'-year contract. . RESULTS' · The compilation financialstatements are un-audited representations of performance and are not in compliance with Generally Accepted Accounting PrinCiples (GAAP).The compilation cash flow statement indicates a strongly positive cash flow; whereas the compilatipn statement of revenues and expenses indicates a loss. The adjusted statement of revenues and . expenses can be reviewed in the attached schedule A with th~ description of accounts in schedule B. :; ,. ] ., -' . ," · Inquiries and observations indicate that no capital improvementplan or business marketing plan are currently in place. ' · 'Inquiries indicate that there are no formal records of complaints other than the work orders i.ssued to correct them. MUNICIPALAUDITING . REPORT - 8/27/01.\ CITY MARKET BUILDING LEASE. · We conducted a tenantsurvey to assess satisfaction with key areas of management responsibility regarding the building. The survey was modeled ... to gather opinion on the following: 1. Appearance and cleanliness of the. facility; 2. Effectiveness of management, and 3. General trend of clientele traffic. The results ofthe survey can be summarized as follows: . : "I ;l . 1, Overall, the tenants were neutral on their assessment of. . management's effectiveness in the building. In recent years, responses to tenantissues have been quicker than in the past. This is mostly attributable tothe e,fforts of Paula Mangus according to the tenants. . l " .;,,' 2. Overallj the tenants disapprove of the appearance and . ... c1eClhliness of the facility. Maintenance is a key issue.. with most of the tenants. Overall, they seemed confused as to the entity responsible for the upkeep ofthe. . premises (City of Hoanoke or Downtown Associates, LP). 3. Overall, the tenants haveseeh a decrease in foot traffic in the facility. This has been attributed to the overlying maintenance and cleanliness issues, as well as parking .. issues. . . . . The results of the survey can be reviewed in the attached schedule C.. . . .We analyzed the fixed assets attributable to the City Market Building and noted that since 1998; the city of Roanoke has Gontributed$275,OOO in. capital repairs and improvements to the City Market Building~ An engineering estimate pla.cesthe expense of the new heating and cooling. system at approximately $400,000. See schedule D for details. CONCLUSIONS Based on our review, we believe that a further rehabilitation of the City Market Building is needed, .that the operations can be profitable, arid that future leases must be carefully scripted to maintain a dear delineation of dutiesqnd obligations required by both the City of Roanoke and the lessee. . j' . .- We recommend that management consider the following when formulating the r~negotiation of the City Market Building lease: . ,.1.' . ~. TD(~};t~tlJre leas~}greem~ntsshould.be structured to . allow thei;eityof Roaneketo recoVer invested costs. , MUNIGIPAL AUDITING REPORT - 8/27/01 CITY MARKET BUILDING LEASE · The financial statements do not reflect GAAP accounting and can be . . misleading'. Accounting methods and computations should be clearly agreed to in the ne,Wlease, with specific attention given to inter-company items such as management fees, accounting fees, and commissions. . Consideration should b~given to requiring audited firiancials from the lessee if.fl:Jt':l!e lease amounts are to be based on the lessee's financial. stateme'ilt' In'formation. .0-"" ;/ ' · Specific performance targets for renovation, maintenance, and cleaning of the facility should be part of a renegotiated lease agreement. . A provision should be included t6 allow performance monitoring by the City of Roanoke. This recommendation is in response to the lack of adequate documentation . of tenant. complaints Bnd the current state of facility appearance. PAw'fj~.. .. .... .... Drew Harmon, Assistant MuniCipal Auditor . /. .r- ,.f. Schedule A . DowritownAssociates Limited Partnership Shitement of Revenue & Expenses (expanded) . For the years ended December 31,2000,1999,1998 Unaudited' . . . 2000 1999 1998 Notes )ERATING REVENUES: Rents $ 237,079 255,006 243,397 Common Area Mair)tenance (CAM) 40,321 46,909 .41.727 . Late Charge,lncome,.:'- 1,226 1,862. 925 ADJUSTMENTS; , : . . Reverse imputed ceist of vacancies 30;771 19,390 35,712. A TOTAL OPERATING REVENUES 309.396 323.167. . 321,761 . B 'ERATING EXPENSES: . . Salaries & Wages. 43.266 40,958 44.730 Advertising & Promotions 467 ..: .' 674 Truck Expense 2,712 5,748 5,149 Supplies & Expense 23 516 349 Janitorial Expenses . 5.786 8,654 7,955: Telephone 1,602 1,688 2,346' Utilities 112.236 115,450 124,172 .. Exterminating Expense 4,920 4,920 ' 4,560 '. Administrative 421 546 503 Cleaning & M~infenance 4,349 4,887 3,783 Repairs . 38,809 41,480 60,802 . Miscellaneous 6,212 7,423 6,795' Accounting & Legal Fees . 3,719 2,256. 1,540' Insurance '" 5,174. 4,150 3,568 Painting & Decorating 483 . Real Estate taxes (net) 6,074 5,803 5,890 Payroll & other taxeS 6,541 . 6,794 7;868 TOTAL OPERATING EXPENSES 242,310 251.759 280.686 OPERATING INCOME BEFORE $ 67.086 71.409 41.075 . DEPRECIATION~ MANAGEMENTFEES AND OTHER MISC. REVENlJES & EXPENSES rl: . 1 of 2 Scheduie A 2000 1999 1998 . Notes )TI-JER REVENUES & EXPENSES: Interest Income 2,525 3,139 4,047 Section 481 Adjustment. 23;464 Dividend Income 17 ~ ". RetJtExpense (1,000) (1,000) (1,000) Leasing Commissions (12,118) (12,945) . (12,772) Management Fees (9,737) (8,694) . (9,688) .. Centralized Acco~n!in.~ Fees (999) (999) (1,082) (59,718) -(89,820) (88,971 ) , Depreciation ., C Section 481. adjustffi.$nL (5,868) (5,864) (5,866) : " 7 . TOTAL UNADJUSTED OTHER R&E (86,915) . (116,184) . (91,852) ADJUSTMENTS: . RemoveF&W Commissions 10,613 11,338 11,186. .D Remove Liability componenet of F&W 361 322 359 E . management fees TOTAL ADJUSTMENTS 10,974 11,660 11,545 TOTAL ADJUSTED OTHER R&E (75,941) (104,524) (80,307) NET INCOME (LOSS) (8,855) (33,115) (39,232) .F A: Vacancies represents an opportunity cost of lost rent (see W/P#A-3-B) B: Doesn't ihcludethe$50/month association fees from each tenant, which is held in trust by Downtown Associates, LP and expended to cover marketing, . memberships, and certain maintenance costs. . C: Building Investment should be fully depreciated in 2001, reducing depreciation. . expense by approximately $ 50,000. . . D~ F&W management, Inc~ commissions are based on 5% rent income collected (cash). This was eliminated for double counting in management fees. (see W/P# A-3-D) ... .. E: Management fees are assessed at3%. of cash received from rent income,. common area maintenance, association dues, and late fee income. The association dues are held in trust by Downtown Associates,.LP are not actually income that should be considered in the calcuJationof management fees . F: Year 2000 financial data was reviewed by Municipal Audit and supporting documentation was tested. . .f' ) ,. 20f2 Schedule B Explanatiqn and expansion of items listed on the Income Statement: " Rent: The rent is based on negotiated amounts on a stail by stall basis with no set lease ' ' rate per square foot. This figure is then reduced by a vacancy figure to arrive at ' rent income. The vacancy figure is the cumulative amount at which empty lease , spaces werele9sed at prior to vacancy. . ' " :ommon Area Maintenance' This figure represents a contractual figure agreed to by the tenant sublessee based , " orr utility usage classification and stall ,location for general maintenan~e' , . Late fee: ihi~rfigure represents the aggregate of late fees assessed for delinquent payment of, Reij:t, CAM, Security Deposits, and Association Dues. The figure is assessed atthe , middie of the month forthe prior month and is computedata5% rate of outstanding , , , balances.' ",,' ,', ' Salaries & Wages: This figure is composed of three general ledger accounts: Grounds payroll: amounts paid to F&W Mgt, Inc. for use of personnel Cleaning Payroll: amounts paid to F&W Mgt, Inc. for use 6f personnel " " Repair Payroll:' amounts' paid to; F&W Mgt, InC. for use of personnel" Advertising & Promotion: This figure represents amounts paid for advertising of the premises and ,events Truck Expense: This figure is composed of , three general ledger accounts: , , Mileage: mileage paid to leasing agents at federally approved rate Gasoline, Oil: monthly gasoline and oil expenses ' , Truck Expense: Lease of Dodge Ram 1500 van for maintenance purposes Supplies & Expense: This figure represents miscellaneous office supplies and office expenses " Janitorial Expenses: This figure reprensents purchase ofjanitorialsupplies. (Inventory could be present) Telephone: This fig.ure represents charges associated with a trunk line, elevator line, voicemail , , emergency system, and maintenance cell phone ' , Utilities: Thisfigure is composed of three general ledger accounts: '''}.~'Gas Expense: standard single meter expense . WaterExpense: standard single meter expense SewerExpense: standard single meter expense Electric Expense: standard six meter expense Rubbish, Expense: standard rate contrad expense ($667/mnth) Exterminating: Standard contract of $122.50 per week with Superior exterminating' Administrative: This figure represents variQus registration fees and fines. Cleaning & Maintenance: This figure represents vaious cleaning contracts (carpet,etc~) Repairs: This figure is composed of three general ledger accounts: , - HVAC Replacement: HVAC major parts replacement (non capital) HVAC Materials: HVAC repair materials ' Plumbing & Bath: Plumbing supplies Electrical Repair: Electrical and Lighting supplies Appliance Repair: Major appliance replacement '(non capital) Roofing & guttering: Roofing and roofing related damage exenses Doots, Windows, Locks: Rekeying and replacing loc)<s,doors, etc. Equip & tool rental: Tool rental related to repa~s (I.e, ladders, etc.) Wall & cabinet repair: specificly tracked repairs.> " Major Bldg & grnds replacement: Major replacements relafeqrto building Repair Contract: Contract labor Jor repairs and Cleaning Leasehold repair. Various fixture repairs Leasehold payroll: Payroll related to leasehold repairs Miscellaneous: This figure is composed of three' general ledger accounts: Miscellaneous: Various fire prevention, uniforms, and licenses , Protection Contract: Security , Accounting & Legal: This figure is composed of three general ledger accounts: ,Leffal: Legal servic.es (primarilyAheron) relating totenants AUditing: Compilation and tax services (primarily Miller, Morgan,et al) 10f2 . .~ Schedule C . 11 Additlonal commel1ts an'd'Sy'ggeSHbns: /Responses: 1. Paula Mangus is the best representative in years. 2. Get good management, organization, and cleanliness . like it was 15 years ago. . 3. Need better parking and driving conditions. The lot, at "Billy's Ritz" was taken over by N&S and tenants lost up t6 25% of dailyfoot traffic. 4. Airronditioning must be fixed soon 5. City. trash cans are attracting insects 6. City or F&W need to follow through 6n maintenance.. Items discussed with City fylanager were never changed. 7. Outside special event vendors are hurting our profits 8. Maintenance is "quick fix" (I.e, dyed carpet from brown to blue when complained about.dinginess, F&W claims architects in the 80's underestimated the need. of air conditioning in the building, tiles are popping up .and instead of fixing, they are covered with carpets. 9. Need new paint and lighting scheme. to brighten the . area 10. Would like to see benches and tables around the . outside of thebuildingto increase capacity. . 11. Modify parking On Wall Street to prevent left turns . from Campbell. Tenant Questionnaire Summary 08/21/01 5. . Management company 6. Signage 7. Modernize the interior 8. Parking 9. Exlerio~ trash pickup 10. Recycling efforts 11. Cable television access . ..(. f." " ;:.~: r" Schedule B Insurance: This figure represents amounts of prEm;iums attributable to umbrella policy Painting & Decorating: This figure is composed of three generalledgeraccounts: . Decorating supplies: Various signs and banners Paintingsupplies: Painting supplies Realestate taxes: This figure represents amounts paid to the City Clerk for real estate taxes Payroll & Other taxes: This figure is composed of three general ledger accounts: - Payroll Taxes: Taxes related to payroll expense 401 K Account Contribution: Allocation of 401 K expense to this entity Worker's Compensation Allocation of WIC expense to this entity Health, Life, Disability Ins.: Allocation of Benefits to this entity. . . - ',:- Other Taxes: Buisiness license and vehicle taxes Interest Income: Thr~ f!~ure represents interest earned on money market account funds . 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CI) U) g I- , ' ...... ~~ ~'''~, .'~ Office of the City Manager July 9, 2002 City M rket Building Sub-Tenants 32 Mal ~et Square Roano e, VA 24011 Dear S Jb-TI 'nants: Downt wn P ssociates has decided not to renew the current lease agreement of the City Market Buildir }. As a result of this decision, F&W Management, Corp. will no longer manage the Market Buildir } after December 31,2002. The City of Roanoke wiil seek Requests for Proposais from other r 'al estate management firms within the next few months to take over the building manag 'ment. To assure a smooth transition, F&W will negotiate any leases set to expire yet this year, ir good faith, for a term of one year. If an individual tenant requests a lease longer than 12 month~ F&'N will consult with the City Department of Economic Development to address this matter As many of you already know, the City is working with Dana Nottingham, a consultant, who is analyzing the facility and the market to provide additional insight regarding future uses of this facility. Thus far, Dana's findings suggest maintaining the food court and retail sales mix of the first floor. This is a process of planning and will be used as a tool to help the City make decisions regarding the facility. After gathering the data and reviewing the consultant's suggestions, City staff will make recommendations to City Council. Council will then make final decisions regarding the future of the facility and approve a new management agreement. It is important to note the City has stated it will not ignore current lease agreements between Downtown Associates and the sub-tenants that occupy the building. The current rate and term of the lease will be honored and remain in effect after the new management firm takes over operations. -::&W Management, Corp. and the City of Roanoke wilJ.continl:/e to work together to make the ransition of management companies as pleasant as possible foryour business operations. We lppreciate your continued cooperation and flexibility during this time of transition. Sincerely, arlene l. Bur City of 0 Charles C. Nimmo, President F&W Management, Corp. .. Room 364 Muniojpal South 215 Church Avenue.S,w. Roanoke. Virginia 24011-1591 (540) 853-2333 FAX (540) f\!'i.,-ll,A THE ROANOKE TIMES' ,Chain food ~ve1Jlowers. ~l{)carflavor The top of my head " .. . ... The thought of a Subway in . ....Roanoke's City Market Building tunis 'We off.' ............. .... ......... .... / .. . u It's nottPi:l.tthe chain'sfood~had; . It's quickan4c~eap, b?tit'SalSP lmper- '~Yoa;d~~:!~tl::'~,ili~;~;&;ii .' '. pretty qUick arid pretty cheap, Pl1tit;..;\ .'<,.~so haslo~ qfspjt~ '.'it; It is as distinctas thepeopl~ wh9 s~n . it: . . _...~ Cuban. Greek. MeXican. Barbecue. ..' Burgers; Salads; Pizza. Asian. . You can't find that combination anywhere else in the Roanoke Valley, and maybe in all.of Southwest Virginia. Nor can you fmd a more lively and' congenial place than the bUilding's. Food Court, especially at noontime. Everybody seems to pass through it,' from homeless people to the aging,rich lawyer who, ona recent Saturday, parked his expensive new sports car in a prontinent spot outside arid' strolled in for a highly affordable sandwich. Put a Subw~yon the premises, even one with only~ outside entrance, and my enthusiasm will wane. Add a Burger King or Taco Bell, and I'll say sayonara. to the MarketBuilding. And I won't be the only one, . A CUPPAJOE JOE KENNEDY i.- {:. ::~- ~ i~; :f ROANOKE CITY MARKET BUILDING TENANTS ASSOCIATION 3436 OVERBILL TRAIL ROANOKE, VIRGINIA 24018 September 12,2003 Mr. Tim AlliSQq <..:.-' . Advantis- . ','. ... ~'~;.~~I- 707 East Main Str€{~t~_Suite 1400 ; Richmond, VA 23i19 VIA CERTIFIED MAIL- RETURN RECEIPT REQUESTED RE: Roanoke City Market Building Dear Mr. Allison: I have not received any response from you with respect to my letter of August 15,2003. By my August 15,2003 letter, I advised you that the tenants have expressed concenis relating to recent statements sent to them concerning the operating costs and expenses for the period of January through June, 2003. I specifically requested that Advantis provide me with an itemized listing of all expenses incurred and/or paid that are the basis ofthe operating expenses, along with a cOpy of each billing statement and/or invoice for each expense and a copy of each check or receipt of payment. I explicitly requested thatthese items be provided to me within ten days. Ithas been in excess of thirty days, and I have not received any response whatsoe"er from Advantisin regards to my letter of August 15, 2003. It is our position that Advantis' failure to respond is a dereliction of its duties and a breach of its :fid~ciary relationship with the Roanoke City Market Building tenants and our association. Advantis' delay in responding to the letter of August 15,2003 is consistent with its pattern of neglecting to timely respond to tenants' requests relating to other matters..If Advantis is unwilling to fulfill its. obligations to the tenants, then we are requesting that Advantis withdraw as managing agent of the Roanoke City Market Building. . This lertershall be my :final request that Advantis provide the items that are descnbed in the above paragraph. I am specifically requesting that these items be provided to me within seven days. If these items are.not provided, theIithe tenants and Tenants' Association will be taking other measures on this matter. I look forwardto your tiinely response. Sincerely, ~ ~~ Anita Wilson, Vice President cc: Ms. Darlene Burcham, Roanoke City Manager (via certified mail-return receipt requested) Mr. Scott Motley, City of Roanoke CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noele. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com September 24, 2003 Ms. Anita Wilson, Vice President Roanoke City Market Building Tenants Association 3436 Overhill Trail Roanoke, VA 24018 Dear Ms. Wilson: I received your letter dated September 12, 2003, regarding the operating expenses at the Market Building for January through June of this year. I am sorry to learn Advantis . was unable to respond to your inquiry in the ten days requested. I understand from my Economic Development staff members that this requestto Advantis required considerable coordination with the city's accounting system and financial records, as many expenses were paid directly by the city. Tim Allison contacted Scott Motley upon receiving your request and asked for a breakdown of all expenses the city paid during the time period in question. Unfortunately, because of the nature of the request and the amount of internal coordination required, Scott was not able to get the necessary information to Tim until September 11. While I will not attempt to speculate what information mayor may not have been shared between Advantis and the Tenants Association, I am certain city staff attempted to respond to Tim's request promptly. However, in the future, the Tenants Association should consider that a request of this nature requires significant coordination between the city and Advantis, and ten days may not be sufficient to respond to such a request. Now that city staff members have provided Advantis the necessary information, I trust that the Tenants Association will able tb work with Advantisin understanding all expenses that have been paid during the period in question. Darlene L. rcham City Manager C: Tim Allison, Senior Property Manager, Advantis Real Estate Services Scott L. Motley, Economic Development Specialist ROANOKE CITY MARKET BUILDING TENANTS ASSOCIATION 34360VERIllLL TRAIL ROANOKE, VIRGINIA 24018 September 26, 2003 Mr. Tim AJlison. ;' Advantis . . . 707 East Main Street, Suite 1400 Richmond, VA 2321~; RE: Roanoke City Market Building Operating Expenses Dear Tim: In reference to the itemization of the Market Building expenses provided under your letter of September 11, 2003, our Association has had an opportunity to review these expenses. With respect to the expenses ofRenu, please inform us whether there isany contract between Renu arid any other party relating to its services, and also indicate a listing of services to be provided by Renu. Moreover, please provide a copy to me of all billings, statements, work sheets and any other documents indicating the services and/or hours of work provided by Renu for the period of January 1,2003 through June 30, 2003. In reference to the expenses of Colonial Maintenance, Eagle Fire, DMX Music, Superior, Landmarks Marketing, Thyssen, The Roanoker, Varney Electric, Roto Rooter and the City of Roanoke, we request that you provide a copy to me of all of their billings, statements, work sheets and any other documents indicating the services and/or hours of work provided by these parties. Further, please provide a copy of the invoices and agreements pertaining to the management fee and commissions listed on the operating expenses. As you are!a~are, Advantis is presently managing the tenants association'S dues. Therefore, I request that you . provide us with an accounting, for the period of January 1, 2003 to the present, of the dues, and indicate the present balance. Further, please be notified that our Association will assume management of the members" dues. Consequently, please inform me as to when Advantis shall be in a position to transfer the funds to our Association. I am explicitly asking that all information requested in this letter be provided to me within ten days. Further, I ask that all responses to the above questions be provided in ~ting to me. Thank you for your cooperation. Sincerely, .&chu Ludfl/IAJ Anita Wilson, Vice President cc: Ms. Darlene Burcham, Roanoke City Manager Mr. Scott Motley, City of Roanoke Mayor Ralph Smith FilE COpy ROANOKE CITY MARKET BmLDIN:~ TENANTS ASSOCIATION 3436 OVERBILL TRAIL ROANOKE, VIRGINIA 24018 October 7, 2003 Ms. Darlene Burcpam Roanoke City Manger 215 Church Avenue Roanoke, VA 24011 RE: Advantis Dear Ms. Burcham: In reference to the Roanoke City Market Building, the tenants of the Market Building are requesting that Advantis be immediately terminated as Sub landlord or leasing agent to the tenants. The basis for this. request is that Advantis has acted and continues to act in a fraudulent, unethical and unprofessional. manner. Specifically, Advantis has intentionally and wrongfully breached several leases by assessing common area maintenance fees, management fees, commissions, federal express fees, elevator repair fees, electrical fees and other fees, without the tenants' agreement, to several tenants. Further, Advantis has attempted to strong ann and intimidate specific tenants by informing them that they could not renew their existing lease in contravention of the terms of their respective lease. Advantishad not made any bona fide effort to lease the building. Potential parties have asked tenants about leasing areas, and been informed by the tenants to contact Advantis. Advantis has not successfully leased any vacant areas to any new tenants. Moreover, Advantis has not implemented any marketing and advertising campaign to lt1ase any unleased areas. . We feel that we can no longer trust or have a working relationship with Advantis. Consequently, we demand that Advantis be replaced by either a local management company, the City of Roanoke or our Association. I request that you provide us with your decision in seven days. Sincerely, .. Anita Wilson, President cc: Mayor Ralph Smith Vice-Mayor C. Nelson Harris Mr. William Bestpitch Mr. M. Rupert Cutler Mr. Alfred Dowe, Jr. Mr. Beverly Fitzpatrick, Jr. Ms. Linda F. Wyatt ~ . y- ADVANTlS'. ,/ a ST]OE company October 16; 2003 Ms. Anita Wilson, President Roanoke City Market Building Tenant Association 3436 Overhill Trail Roanoke, Virginia 24018 RE: October ih letter to Roanoke City Manager Dear Anita: I am writing this letter with a tremendous amount of concern for the operations of the City Market Building. I have received a copy of your letter written to Darlene Burcham dated October 7, 2003 and have discussed the contents with the City Manager. I am very surprised by the accusations of our conduct and operations while managing and leasing the City Market building. I am surprised because the Advantis team is and has been very accessible to all of the tenants and to you. You, Zach and I have had several conversations regarding the operations of the facility and the common area maintenance fees. I have offered to meet and discuss this with all of the tenants. However, I have never been called to discuss the issues in detail and I have never heard any complaints directed to me regarding the operations or the leasing, beyond the letters disputing the common area maintenance fees. However, I honestly believe we can get beyond these issues, effectively communicate with each other and together build a better relationship. I would like to take the needed time to rectify communication problems that exist. I strongly believe the issues that have created much of the discouragement of the tenants are based upon lack of communication and a lack of understanding of the operations. I apologize for that and would very much like to work with everyone to discuss all issues, answer all questions and explain the processes involved in the leasing and management of the City Market Building. I propose a meeting with the tenants where Advantis can address the concerns and issues that are being harbored at this time. Real Estate Services Company 707 East Main Street Suite 1400 Richmond, VA 23219 804.644.4066 804.783.1920 Fax www.advantisgva.com C?'A Ms. Anita Wilson, President October 16, 2003 Page Two I hope that you agree that we can overcome the issues at hand and build a stronger Market building. I look forward to discussing this with you in the immediate future. Please feel free to telephone me at 540.334.2222 and we can set up a time to discuss all the issues in detail. Sincerely, ADVANTIS REAL ESTATE SERVICES COMPANY A GVA Worldwide Partner J~;~ Tim Allison Area Manager cc: Elizabeth Neu, Director of Economic Development ." \ \ \ \ EASTER P. MOSES ATTORNEY AT LAW 120 CHURCH AVENUE, S.W. ROANOKE, VIRGINIA 24011 TELEPHONE 15401345-6700 (540)342-1731 FACSIMILE (540)342-9919 October 20, 2003 Ms. Darlene Burcham Roanoke City Manger 215 Church Avenue Roanoke, VA 24011 RE: Roanoke City Market BuildinglAdvantis Dear Ms. Burcham: . Thank you for being available for a meeting on October 17,2003. In reference to the meeting of October 17, 2003 relating to Advantis and the future of the Roanoke City Market Building operations, this confrrms that the Roanoke City Market Building Tenants Association submitted its concerns to you with respect toAdvantis during the course of our meeting. Further, the Association also advised you that multiple reliable sources have informed various tenants that the ,City of Roanoke desires to'changethepresent usage of the Market Building to another use. Several times during the ,.:meeting, you advised us that the City of Roanoke did not have any intention of making any'changes 'to the present usage of the building. , As we agreed, you, the Tenants Association and Advantis shall meet on October 22, 2003 in order to discuss concerns of the tenants n;lating to the future usage of the building, terms of the proposed leases and complaints and concerns of the tenants relating to Advantis' inappropriate business conduct: Per your request, please find enclosed a copy of the lease of Gone CoCo, which provides for a different classification with respect to the cOminon area maintenance fees. We look forward to seeing you on theaftemoon of October 22,2003. EPMlrdl cc: Mayor Ralph Smith, Vice-Mayor C. Nelson Harris Mr. William Bestpitch Mr. M. Rupert Cutler Mr. Alfred Dowe, Jr. Mr. Beverly Fitzpatrick, Jr. Ms. Linda F. Wyatt Enclosures ' Eden's Way Vegitarian Garden Cafe 108 Church Ave S.E Roanoke, Virginia 24011 Country Phone (540) 344EDEN (3336) October 21, 2003 RENTAL, CITY MARKET BUILDING To whom it may concern, This past spring we called the management group for the City Market Building to inquire about placing our business in one of its booths. We used the posted number for Advantis, and have received no reply. If we can be of assistance, please call us at our work number. Sincerely, Tom & Dorothy Knapczyk October 17u 2003 To whom it may concern: My husband and I have inquired about a space in the market buildingg downtown Roanoke on several occassions: The first time was in 20021 early spring. The person we contacted attthe number listed said the property was leased already. We came back again in July of 2003 and the space was vacant. We inquired at one of the other restaurants and they ~aid the place had not been leased in a long time. So we, called Advantisg 3 times and to no avail g we w'ere not able to speak to anyone. We chose the Market building because it had so many difterent choices of food. I'c was the uniqueness of the whole set up. although the building inside looked rather drabg'to be such a high point of the downtown area. We were excited about being a part of the downtown area and being able to serve a different food also. Because these were not just another greasy spoon. They all served quality food. A greasy spoon you can find anywhere, thats why we wanted to put our restaurant thereg because the atmosphere was so different but yet so downtown. Best Regardsg ~ Alice Abudan POBox 8852 Roanokeg Va 24014 540-772-1721 ,~~~7Xu ~~I ~1!/~ d~ /~ O:<OtJ3. -~ l<<f ~ 714 . ~,~ :l:3/rO} ~7 ~ . ~ ,; . EASTER P. MOSES A TTORNEY AT LAW 120 CHURCH AVENUE, S.W. ROANOKE, VIRGINIA 24011 TELEPHONE (540)345-6700 (5401342-1731 FACSIMILE (540) 342-9919 November 17, 2003 VIA FAX: 804-783-1920 , . Mr. Tim Allison Advantis 707 East Main Street, Suite 1400 Richmond, VA 23219 RE: Roanoke City Market Building Dear Tim: With respect to the revision of paragraph 10, the tenants do not accept the revised paragraph 10. As indicated to you in our last meeting, it is the tenants' position that the City of Roanoke should be responsible and liable for all maintenance and repairs of the Roanoke City Market Building. The basis for this position is that this is an extremely old building that is not in a good state of repair. Further, each tenant. pays a substantial rental rate that realistically prohibits the tenants from bearing any additional expenses. In reference to the taxes being considered as additional rent under paragraph 10, the tenants do not accept this term. Assuming that the City of Roanoke pays taxes on the premises, again it is our position that the tenants should not bear this expense due to the substantial rent being paid. In essence, it is our position that all maintenance, replacements and repairs are expenses to be paid by the owner of the property, the City of Roanoke. There is no justification to assess these charges to the tenants in light of the age of the property, condition of the property and the rental rate being paid by the tenants. With respect to common area maintenance fees, the tenants do not agree that utilities, operating costs, management fees, administrative fees, utilities and insurance premiums are considered to be common area maintenance fees, The tenants consider the cost of cleaning the area to be the only common area fee that they should be responsible for payment by their CAM fee. The tenants agree to your new methodology for determining each tenant's maintenance fee. However, as you were apprised during our meeting, due to the present contract with the cleaning service, the common area maintenance fees paid by the tenants will leave a substantial deficiency. This deficiency will then be satisfied by the party that contracted with the cleaning service, and not the tenants. Mr. Tim Allison Advantis November 17,2003 Page Two Please revise the lease consistent With the aforementioned terms outlined by the tenants. Thank you for your assistance. Easter P. Moses cc: Ms. Darlene Burcham, Roanoke City Manager Mayor Ralph Smith Vice-Mayor C. Nelson Harris 'Mr. William Bestpitch , Mr. M. Rupert Cutler Mr. Alfred Dowe, Jr. Mr. Beverly Fitzpatrick, Jr. Ms. Linda F. Wyatt Mr. Scott Motley, City of Roanoke Ms. Anita Wilson ~\.,.- . , ADVANTIS'" ,/ , a ST]OE company November 24, 2003 Mr. Easter P. Moses 120 Church Avenue, S.W. Roanoke, Virginia 24011 RE: Roanoke City Market Building Dear Easter: ' I received your letter of November 17,2003 regarding the common area maintenance fees and acceptable terms. It is the position of Advantis and the City of Roanoke that changes need to be made to the existing terms of the leases to accommodate the tenants and the unique situations that exist at the historic location. We agree that the tenant's utilities should not have been added into the common area maintenance costs. The cost for the utilities were previously built into the base rent of the tenants and in the spirit of building a partnership, the City is willing to remove these costs from the common area maintenance costs. this cost savings will remedy the concerns of a "substantial deficiency" that you raised during our tenant association meeting and in your last letter. Regarding your proposal for the City of Roanoke to be "responsible and liable for all maintenance and repairs of the Roanoke City Market Building", I would ask why is the building in such a poor state of repair as you stated? Is it due to a lack of preventive maintenance and capital repairs to the building for the last five to ten years? Is it due to a long history of maintenance fees being too low to actually maintain an historic facility as required? I don't have a specific answer, however I would guess that it is a combination of many things relating to prior operational decisions. What is needed now are decisions that will add value to the facility, not ideas that will create operating deficiencies and hinder the development and growth of the facility. We need to work together and build a relationship between the ,owner of the property and the tenants. This relationship needs to be strong and both parties need to agree on the same development path of the property. This relationship exists today and the tenants want and strive for the same goals as do the owner ofthe property. This goal is to make the City Market Building the heart of the downtown synergy and to continue to serve your downtown with' a variety of choices for dining. However, this can't be achieved if the City is held liable for all of the operating costs of the facility. It is counterintuitive to hold one party responsible for all expenses. There needs to be a sense of sharing of the costs~ The City of Roanoke is in the process of demonstrating their commitment to the City Market Building and to the tenants by spending capital funds on the installation of a new HV ACsystem. I believe it is in the tenants best interests for the ,development of the building and of the downtown market to continue to share in the operating costs of the property. These costs are general repair ahd preventive maintenance costs, not the capital costs for major structural changes and new equipment. Real Estate Services Company 707 East Main Street Suite 1400 Richmond,VA 23219 804,644.4066 804.783.1920 Fax www.advantisgva.com .~A Easter, I propose that we remove the utilities from the operating expenses of the property. Then we evaluate the expenses and come up with a common area maintenance expense that is a flat fee. This fee would be distributed annually and paid monthly equally to all food serving tenants and a different fee would be created for the outside retailers. This fee would not be subject to pro-rata distribution as it has been done in the past. This fee would be standard to all and the increases would be negotiated in the tenants lease. The increases are typically based upon the consumer price index at the time. This will help the tenants in two ways. It will remove the headache of receiving and auditing a common area maintenance fee every year and it will remove the possibility of a large invoice due to &1 increase in expenses. It removes the risk of rising co'sts to the tenants ofthe facility. I look forward to your response to this proposal. I believe that this will create a very fair situation for both the City of Roanoke and the tenants of the City Market Building. This will allow everyone to concentrate on the growth of the business in the downtown area. Please contact me at your earliest convenience to discuss. Sincerely, Advantis Real Estate Services Company ~~ Timothy Allison Area Manager cc: Ms. Darlene Burcham, Roanoke City Manager City Market Building Tenant Association Ms. Elizabeth Neu Mr. Scott Motley ROANOKE CITY MARKET BUILDING TENANTS ASSOCIATION 3436 OVERIDLL TRAIL ROANOKE, VIRGINIA 24018 January 6, 2004 Mr. David Diaz Downtown Roanoke, Inc.' 213 Market Street Roanoke, VA 24011 RE: Campbell Avenue and Roanoke City Police Ticketing Dear Mr. Diaz: I am the president of the Roanoke City Market Building Tenants Association. As president, the association has requested that I contact you with respect to the present traffic conditions and parking ticket infractions surrounding the Roanoke City Market area. Since Campbell Avenue has been , changed from a three lane, one-way street to a two-way street with one lane in each direction, the Roanoke City Market Building tenants have seen their sales decrease in the rahge of 20% to 40% from the normal sales for the same period. Further, the Market Building tenants are receiving numerous complaints from its customers that the change to Campbell Avenue in the Market Building vicinity has caused them significant problems, inconvenience and an inability to access the Market area. Additionally, the tenants have received a multitude of complaints from its customers concerning the excessive asses~ent of parking tickets to the patrons ofthe Market by the Roanoke City Police. These issues have caused many customers to inform the members of our association that they will cease traveling t6 the Market area. Many businesses in the Market area have approached members of our association, and informed the members that they are encountering similar problems coupled with a significant decrease in sales. Further, these businesses have asked to become involved with our association. In light of these present difficulties and the approaching spring and summer seasons of2004, I am requesting that I have an opportunity to meet with you in order to discuss these concerns so that we may attempt to effect an immediate remedy. I will be shortly telephoning your office to schedule a meeting between myself and another representative of the association, along with you and any members of)'our staff I look forward to meeting with you. Sincerely, Anita Wilson, President EASTER P. MOSES ATTORNEY AT LAW 120 CHURCH A VENUE, S.W. ROANOKE, VIRGINIA 24011 TELEPHONE (5401345-6700 (540)342-1731 FACSIMILE (5401342-9919 January 6, 2004 Mr. Scott Motley City of Roanoke 111 Franklin Road, Suite 200 Roanoke, VA 24011 RE: Roanoke City Market Building Tenants Association Dues Dear Scott: Anita WIlson, the president of the above-referenced association, has requested that I contact you with respect to the immediate transfer of the Roanoke City Market Building Tenants Association dues to this association. As you are aware, the Roanoke City Market Building Tenants Association has ' previously advised the City of Roanoke that it desifes to maintain and manage its dues. Further, the Tenants Association has approved the transfer of the dues to Anita Wilson, in her capacity as president of the association. Additionally, the association has elected to have Mrs. Wilson bonded in ' her capacity as the custodian ofthese funds. The association members have further agreed that they will continue to pay their dues to Advantis, with Advantis quarterly submittng the collected funds to the association. If Advantis is unwilling to . collect these funds, then the association shall undertake collection. Mrs.' Wllson has advised me that ~he bas made numerous requests to you for the transfer of the funds, along with an accounting of contributions to and distributions from the dues from the date that the 'F&W Management CorporatioI!- ceased being the lessee of the Roanoke City Market Building. As counsel for the association, I am hereby requesting that these funds, along with the accounting, be provided to Mr-s. Wilson in her capacity as president ofthe association within ten days. Thank you for your assistance in this regard. " EPMlrdl /' cc: ~. Anita Wilson Ms. Darlene Burcham EASTER P. MOSES ATTORNEY AT LAW 120 CHURCH AVENUE, S.W, ROANOKE, VIRGINIA 24011' TELEf'HONE (540)345-6700 (540) 342-1731 FACSIMILE 15401342-9919 February 24,2004 Mr. David Diaz Downtown Roanoke, Inc. 213 Market Street Roanoke, VA 24011 RE: Downtown Market Parking Dear David: On February 19, 2004, the Roanoke Market Building Tenants Association had a specially called meeting in order to discuss matters that were considered in our meeting on February 17, 2004. As a brief response, the Association accepts the offer for the one dollar parking in the parking lot surrounding Billy's Ritz Restaurant. Further, the Association requests that the $1.00 parking be for the time of 11 :00 a.m~ to 3:00 p.m., Monday through Friday, and thatthis ~ustomer parking be all. year around. Additionally, the tenants are willing to assist ,in communicating the availability of this reduced rate parking to the community. Please inform me as to when the reduced parking rate will become effective. As a point aside, many members of the Association advised me that they were continuing to receive complaints from numerous customers about the conversion of Campbell Avenue to a two-way street. Additionally, the tenants are informing me that they.are still noticing a decrease in sales volume due to the change of the traffic pattern. Accordingly, the Association is requesting that Campbell Avenue from First Street to Williamson Road be changed back to one-way travel. It is the Association members' sentiment that is buttressed by multiple customers that the two-way street makes the market area inaccessible, congestive and a safety hazard. Our Association and other nonmembers that are involved with our. Association express our deep gratitude for 'your assistance. VeryJ,ruly yours, /' Easter P. Moses EPM/rdl cc: Mr,s. Anita Wilson (C(Q)(P1f I~ <;-- ('\ . .~'~~ ~r\ ~~KE Deportment of Economic Development March 3, 2004 Mr. Easter P. Moses 120 Church Avenue, SW Roanoke, VA 24011 RE: Roanoke City Market Building Tenant AssoCiation Fund Dear Easter: , , ' " Thank you for providing the requested agreement among the tenants of the Market Building acknowledging the tenant's desire that Anita Wilson manage the tenant association fund. While I appreciate your attempt at providing what was requested, the language in this agreement is incomplete and insufficient. While you have requested the City to turn over funds to Anita Wilson and "Anita Wilson, and her successors, shall accept and manage the Association dues..." Anita's title or position is never identified, so who are her successors as identified in this agreement? Please revise this agreement to identify the President of the Market Building Tenant Association as the custodian of the fund. You may name Anita Wilson as the current President and custodian, but please make sure Anita's relationship to the association clear. In making revisions you should also correct the name of the Association to "Roanoke City Market Building Tenant Association." This agreement will be filed with other records as authorization of this transfer to the Association, so it is imperative that this document be correct and appropriately reflect this transaction. Enclosed please find a detailed summary of all transactions in this account since January 1, 2003, when the City began collecting these funds. Upon receiving the correct agreement, the funds will be released to Anita Wilson, the current President of the Market Building Tenant Association Fund. The check will be made payable to the Market B~i1ding Tenant Association Fund. If you have any questions, please contact me at 540-853-2715. Thank you for your cooperation in this matter. Sincerely, ~L.~ Scott L. Motley cI Economic Development Specialist I Enclosure , ,pc: Tim Allison, Area Manager, Advantis Real Estate Services Company Anita Wilson, President, Market Building Tenant Association 111 Franklin Plaza, Suite 200 Roanoke, Virginia 24011 : RECEIVED MAR 2 6 2004 ~, Y ADVANTIS'" ,/ a ST]OE company March 24, 2004 Mr. Easter P. Moses 120 Church Avenue, S.W. Roanoke,' Virginia 24011 RE: Roanoke City Market Building Dear Easter: I would like to make my final proposal for the common area maintenance fees for the City Market Building. In lieu of the annualCAM reconciliation for the tenants located in . the City Market Building, I would like to offer an alternative flat rate CAM fee. This fee would remain for the life of the lease. This proposal removes the risk of receiving a large invoice at the end of the year for recoverable expenses. I propose a flat fee to all vendors in the amount of $250.00 per month. The restaurant will be subject to a cAM fee of $800.00 per month. This fee will cover all operating expenses from janitorial, general maintenance, ,general repairs, life/safety equipment, elevators, trash pick up, common area electrical repairs, common area plumbing repairs, exterior maintenance, cOrnlnon area painting, pest control, HV Ac preventative maintenance and repairs, water treatment to the cooling system, marketing fees, and management fees. This fee does not include the electrical use, water use or gas use for the vendors. These costs are built into the base rental fees. ' This is a very fair proposal. This number will not change and will only be negotiated during renewals or new leases. Please respond to this letter as soon as possible. I would like to put this behind us arid move on to creating an outstanding venue for patrons of the City Market Building. Sincerely, Advantis Real E~tate Services Company /~.~ Timothy Allison Area Manager cc: Ms. Darlene Burcham, Roanoke City Manager City Market Building Tenant Association . Ms. Elizabeth Neu Mr. Scott Motley Real Estate Services Company .' 707 East Main Street Suite 1400 Richmond, VA 23219 804.644:4066 804.783.1920 Fax www.advantisgva.com CGYA /4ie+wu -h ~ @~~ ~. ~ . MARKET SURVEY . ~~ This Market Survey being conducted by the Roanoke City Market Building Tenants Association is to obtain comments relating to the'new two way, two lane road pattern on Jefferson Street and the parking tickets issued by the City of Roanoke. Your specific responses shall be deemed to be privileged and confidential information. The overall general responses may be presented t<?the City ofR,..oanoke and Downtown Roanoke, Inc. to promote the best interests of your respective business~' 1. . Have your sales increased or decreased since the change of the traffic pattern; commencing about the end of the third week of October, 2003? If so, what is the estimated percentage of increase or decrease of sales? a /,., tLc . 2. Do you eel that the Roanoke Ci olice are issuing excessive parking tickets fi~~~~. . ~~ft~~ --t~/A1tUt ~ ~4bA- /L~ :t;r2~.wy4{-.t/ . 3. Have you received any complaints from the general public about the traffic pattern change? If so, have the comments been favora~le to this change?, . a~~~Mq-~~~~ h- l' ~j ~t::!:-i PiM ~7A!f'?J bed- --Il--i!- A "'-, +-;. . ! ' '<.P _ r- . " / 0'-'- ~ lA/ //,--0 ,,A.--'( - K.-W. '-.J . 4.' Have you received any complaints from the general public relating to the , iSSUing of parking tickets? 17' '~ . II ..1~1~ - ~ ~M "I' 0L~ // . (J . jJ . # . 5.' Please state any thoughts you have pertaining to the traffic pattern change and/or parking ticket matter. -: . J:. : .~. - . tI-tJ' ~ .;/'J,LtJ ./ ......tL ~ " ~!! 6. Do you desire that the traffic flow pattern on Jefferson Street, Market and Wall Streets be changed back to its previous pattern? .~&4~. 7. Do you desire changes with respect to the issuance of parking tickets? If so, please state your suggestion. ~1;!;tA~~~~ It is optional to identify yourself' but we recomm~~cat~r to effectively , promo~rJl!l~ . 1}1aA~i null ..~ . ~ 'i~ ~ Manag~"';'~') . .. NameofBusinets ~ . ~~kK-'~~-Mu~A~.~ --td 1!RJ,:od~~~ ~~1 . ~ ~ V- ~ ~. I&vu #-td.~ . ~ ~ ~ ..? '# ~ J7Ltt-t;/I/LlfJ ) .-1,;' //1 ;a ft-d.. ~ ~ /0 ?U~~ -M- (r . , ~IIVV"., ,~~IJ~4fL P , ~'l-J.J.-- _w ~. (j a . " __ _ . ~_ f7 (f; , , ' A I .- I '17 .il ~ ~ //I'L-d:/l/~ -1iwUApvL -- ~ {IAL-f/~.. .. . ;tiL~~~tu-; ~ ~__ UdP~ ~ t ~u-\wuu .-/0 ~~ L0 . MARKET SURVEY Ohu-. n..~'.' ()CUAL. J This Market Survey being conducted by the Roanoke City Market Building Tenants Association is to obtain comments relating to the 'new two way, two lane road pattern on '. . Jefferson Street and the parking tickets issued by the City of Roanoke. Your specific responses shall be deemed to be privileged and confidential information. The overall general responses may be presentedto the City of Roanoke and Downtown Roanoke,Inc. to promote . . . '. . ,. the best interests of your respective business.' 1. . Have your sales increased or decreased since the change of the traffic pattern, commencing about the end of the third week of October, 2003? If so, what is the estimated percentage of increase or decrease of sales? ~~ . . 2. Do you feel that the Roanoke City Police are issuing excessive parking tickets , intheMarketarea? _ fl . .. . -._ ~ .~ ~ ;;t/U-1tlu~ tt<-v p,~ ...0''0 ~d- ./~., ~ . /.u' ~1V'# f-o c:< hit's! '. ~.A.-C~ ~ ~ *.~ ~d- . .... ~~ 3. Have you received any complaints from the general public about the traffic pattern change? If so, have the comments been favorable to this c4ange? (fl/VAtt.t-u/V A# .bh"'~;' ~ ;P~~'~'f:Z . / ~y -;lJ4/~ ~/f-U? ~t<<~ ff~&!~-~ - r./. 4. Have you received any complaints from the general public relating to the issuing of parking tickets? . '--"'.7tc 5. Please state any thoughts you have pertaining to the traffic pattern change and/or parking ticket matter. $::sZ~ez~~ ?v.~.~./ PlY; -~. (~;(eA-~', ~~ ~ . !riff kd~.~ ~ ?:>Ci?/lSCUJ3e ~d~., " h//I flj -/~ (f ? l2t~b/;' OJ' ./~ JJ//~ V~~, /4C~~J~1e'1- 6. Do you desire that the traffic flow pattern on Jefferson Street, Market and Wall St eets,be changed back to its previouspattem? 7. Do you desire changes with respect to the issuance of parking tickets? If so, please state your suggestion. ~. ~~/~-4t~A'~.4.~~, &f~. ,~/~/ ;iJ',,~~ AN. V- /~ .~bh~ /~'~V~~?~"\, ' It is optional to identify yourself, but we recommend identification in order to effectively promote your business interests.' . ~~ ;:.- jf~ ~A! ~ ~~A%?~ L..~ .h-zr~ ~ /~ Ci,?- . ~ L /7 -H c/V[~/ Ilt:~' /f?C//~ -'l/ - /'/1~' /~ 1f Jte/t ffid- ~ II/tU/M ~W ~/ - . --- --, , ~ ~l ~#frk~~ .~~.-f-Jf ~~~/>J I, /.J~/ /)~' ' I 7I'#d~ + ", 'l4VL/V ' " /La/Y ~" , ",. ',' !:' Mayor and Members of Council Hello, my name is Anita Wilson, President of the city market buildings tenants association. I have been in your presence on 3 different occasions now and I've had 2 private meetings with Mrs. Burcham ~ll. I would have never dreamt of being here during F & W's management. We had our problems with them as well, but we had a fair lease, "Fair to the tenant, Fair to the City, and to F & W's management. In my initial meeting with Tim Allison from Advantis we asked if we would have a commersarate lease and he said very similar - nothing was further from the truth. I was assured after hearing of negotiations with Subway in Jan. 2004, to put the issue to rest by Mr. Allison - In October 2004 I read in the Roanoke Times that negotiations were still continuing with Subway. Tim is quoted in the Roanoke Times as saying "It's up to the City", but on channel 7 as saying "Chains in the Market Building are inevitable". Only after coming to council in Nov. 2004, did these negoiations with Subway stop. Although'" today Advantis is still negioating with similar ''Non-competes''. We worked on new leases with an attorney for exclusivity clauses and the changes were not taken into consideration. An exclusivity means what's inclusive within your menu, not what's interpreted by the leasing agent. So how can we move forward? After 2-1/2 years of negioations and proven failed promises. I think we have taken huge steps backwards. Thank You Mayor Harris, Councilmember's, Mz Burcham I would have liked to have been here today to speak of how nicely the new AlC works for the MKTB and of the efficiencv of the new -' cleaning crew. Instead, I find myself on the usual topic of the new lease, which falls short of what we need and of the disturbing actions the landlord has taken since the November council meeting. The lease doesn't guarantee enough about the food types being offered by the tenants and obviously leaves open to interpretation as to where in the building these restrictions apply. Advantis also has some unique ideas about enforcing the menu restrictions. We will be getting the revision and notes from our lawyer for you soon. The most damaging thing Adval].tis has done to our trust when they _y_..........____".,n.-...... were found trying to place another Mexican restaurant in the briiRlmg Just a w~~k a:ft~r the November council meeting ~d berofeiheT~se meeting in December. Follow this with the --- -- , --~.-.._-------;:::-----".. announcement that they were in negotiatioQ.s withaBavanan,.cllk~ and pastry shopjust this past week and ho~!~~y s~w nQ..,c_QJJ,fii~t of inter~srwithUperhaps your longest term tenant, Nuts and Sweet Thirrgs~Itwouldseem thafevena goodrton-compete cl use will be oflittle use if Advantis is free to interprtlt it. (\ eLl- ~b.rA~+MfW .. ~ It ~ ~~~~ ~~ ~ ~oA1A--(1k: (p,J~* City Council Meeting Hello my name is Phil Full, I'm with the City Market Buildings Tenant Association, and part owner of New York Subs. I stand before Council today asking why? Why after 20 years the city has decided to change its policy regarding the allowance of competing national chain restaurants in the City Market Building? When the city and F& W Management first sat down to come up with a concept for the Market Buildi'ng, the idea was to put in a blend of local business men and women, with unique concepts that would complement each other, not compete. Whether there were tenants in the building with compete clauses or not, there has always been a Gentlemen's agreement not to step on others concepts. And with this policy the city and F&W has seen the Market area grow by leaps and bounds the last 20 years. The Market Building has produced several businesses like Corned Beef and Co., Confeddy's, Fast Fre~die's, just to name a few, that have gone on to larger more successful operations because of this policy. The Market area has a long History of being the hub of Downtown Roanoke. The building and Farmers Market has always been known as a place where locals could come to buy, sell or trade items that local farmers produced~ I'm not here to give a history lesson to some of City Management that may not be aware of the deep roots that the Market area has, but I did include in my packet a college thesis from Kim Clark; called "Rehabilitation of the Roanoke City Market Building" written in 1983 to give those of you who may Hotbe from this area, a little more insight into this areas long History. " / Several owners in the Market Building have mortgaged there house, cleaned out their V . savings account, scratched, begged and barrowed money to have an opportunity to have a business in that building. Were trying to make a living. We all did this with the understanding that the management of the building would have our back, and not allow another tenant in the building to come in and start selling items that a current business already sold. It's not the first time in 20 years that a competing National Chain Restaurants has tried to get into the building. But with the recent management change, it is the first time that the idea has even been allowed to be considered. The city owns that building, so someone here changed the policy to begin with. 1'm asking council today to change it back to the way it has always been. I'm not scared of completion. New York Subs has been in that building since the food court concept was first implemented. And in those 20 years with the success that the market area has had, it breeds more competition. Were surrounded by competition, it's everywhere downtown. But what has allowed us to succ~ed is the uniqueness of the building. You can go any where in America and get National Chain food, but there are very few places left in this country that allows so much local flair. It's part of what makes Downtown Roanoke a destination spot. I'm the unfortunate one who stands before you today because the potential National chain seeking space in the Market building offers menu items that duplicate many of my restaurants offerings, and I would still be here today if the chain offered pizza, hamburgers, or Mexican to support the owners of those businesses that have those concepts already in the Market Building. My concern is broader that my pockets. I strongly believe that the presence of national chains on the market, along with their golden arches and familiar icons, will completely erase the local character and flavor that has uniquely identified the Roanoke City Market for over 125 years. It would be like allowing a National Produce company to set up on the farmers market. And if that were to happen, imp sure, you would have local farmers down here today doing the same thing I am, and that's fighting to keep the integrity and history of what has helped build a very unique Downtown. If it is councils decision to go into a different direction with the City Market Building, then do the right thing and simply buy all of our businesses at a fair price instead of putting policies in place that will slowly stranglehold the current owners into submission and eventually doing what you wanted to in the first place. I'd like to close with an excerpt from a letter that the tenants received from Darlene Burcham on December 20, 2002. Actions speak louder than words. Thank You for your time today. The following text is excerpted from an undergraduate thesis entitled "Rehabilitation ofthe Roanoke City Market Building," dated March 1,1983, prior to the rehabilitation that took place in the mid-1980s. . Author: Program: Kim S. Clark Bachelor of Architecture Virginia Tech . , ABSTRACT The northeast corner of Roanoke's downtown area contains a unique piece of the early twentieth century. The Market Square on Campbell Avenue has remained relatively unchanged for sixty years. For the first forty of those years, the city market served as the foods center of Southwestern Virginia. However, the last twenty years have seen a sharp decline in market activity as well as the decay 'of the area's architectural character ~ This thesis win concentrate on the centerpiece of the market, . the Roanoke City Market Building. While this building is histori- cal/y viewed as the hub of market activity, it is currently one of the few unused buildings on the market. There have been several recent proposals for the development of the market building, how- ever none have progressed further than" the planning stage. A current proposal presently has the best chance of reaching fruition, due to favorable financjng arrangements. The intent of this thesis is to show that the Roanoke City Market Building is an important component of the market area as well as of downtown Roanoke. The building's heritage and archi- tectural presence make it a worthwhile candidate for preservation. The Market Building's importance in the region makes its rehabili- tation vital to the overall downtown resurgence. . , Background The origins of a Roanoke marketplace predates the City Charter of Roanoke by at least ten years. The market was merely a neighborhood marketplace operated by and for the seven hundred or so inhabitants of the Town of Big Lick, as it was known in 1874. However, this tiny parcel of land would grow to becometod<;lY's IICity' Market". Roanoke is commonly known as the "Magic Cityll, primarily because of its rapid growth and immediate prosperity. This boom began in the early 1880's, soon after the Norfolk' and Western Railway finalized plans to locate its operation in Roanoke. By 1884, with' Roanoke's population at over 5,000 inhabitants, the town was officially chartered as the City of Roanoke. The original charter provided Roanoke, with the authority to operate a farmers' market. A bond issue passed in 1885 provided the City of Roanoke with needed capitol in order to construct a market facility. In the following year, the original market building was built on the west side' of Nelson (First) St. This building was a two-story I brick structure constructed in' a style similar to many colonial markets. The upstairs portion of the building consisted of an opera house. While it is doubtful that there was ever an opera perfor- . manceinthebuilding , ,many towns in the region built "opera houses" to attest to" their "cultural awareness". The ground floor of the market consisted of twenty meat dealersl stalls, which were rented for rates tanging from $12~SO ,to $22.00, per month. Sur- rounding the building were canopied fruit and vegetable stalls which a farm could rent monthly for $S. 00. There were also four fish stalls which rented for $15.00. The Roanoke market flourished greatly during the years fol~ lowing' its inception. In fact, as the City of Roanoke grew to 45,000 by 1917, the market square had begun to suffer from severe overcrowding. The, farmers were often forced to construct make- shift sheds from whiCh to sell their produce, and with some farmers occupying their sheds around the clock, the market square resem- bled a squatters town. This situation led to a petition signed by about 240 "farmers, producers, truckers, etc. from the surrounding territory of Roanoke," asking council to f1provide an area with permanent sheds for the sale of vegetables and fruits..." . Also in the petition was mention of property owners' complaints of vendors operating on the curbs in front of their businesses. Another problem that had to be dealt with were the growing inadequacies of the market building. Due to technological advances made from the 1880's through 1915, the existing bui Iding could hardly be considered "modern". The building had no electricity, no water, and no refrigeration capability. With aU of these problems at hand, City Council of 1919 called for a referendum to determine passage of "an ordinance to provide for an issuance of $250,000.00 worth of thirty..,.year coupon bonds for public improvements, namely; for markets and improvements thereof. . . fI Although the amount was later reduced, money was nevertheless appropriated. History of The Market Building The market building was financed by a $200,000 bond issue under the heading of f1public improvements". These bonds paid 4 1/2 percent and were issued' for a fixed period of thirty years. This proved to be a poor arrangement on the City's part, because interest payments amounted to $9,000 annually, or $270,000 ovet ,~the life of the bonds. In addition, the entire principal amount hacrto be repaid during 1948. Because the bonds were not caffable or issued in serial, the bonds could not be retired over the period of time which the market was most profitable for the city. Had the As one might,expeCt, the city is promoting the market project. It is certainly in the city's best interest to have a revitalized area with so much historical significance. Rehabilitating the Market Building will not only give the city a more valuable building, its success will create an increased tax' base and ,be revenue-pro- ducing. Just as important however, the refurbished market would improve the quality of life for people in the valley. The market would bea 'drawing card for the city in recruiting industry to Roanoke. The city does not wish to assume a great deal of risk; it is not the city's business to develop the Market Building for private operations. However, the city is willing to foresake a large finan- cial return on the building for the other benefits. The market community, which includes farm'ers, restaurant , operators, shopkeepers, and other small businessmen, also desire to see the Market Building' operating again. Most feel that Roanoke will not support more independent meat and produce dealers, but tJ:1ey do, feel. that the building should remain food-oriented. A few wanted the building to be divided up into many small spaces so that small businesses could open without the drawback of a high monthly rental expense. But the majority were in favor of a major reno- vation which would attract more stability. Some felt that the building should be anchored by a large restaurant. Nevertheless, nearly all of the people who make their living on the market are open to any interest that would draw more people to the market in general. bonds been callable, they could have been retired within fifteen years, and the interest payments would have totaled about $90,000. This could have been easily achieved by tapping only a portion of the market's profits each year. Nonetheless, 'financing was arranged and the city moved to employ E. G. Frye, Architect, to design a new market house and auditorium for Roanoke. The Architect: Edward Graham Frye Born in 1870, E. G. Frye would go on to be graduated from Vanderbilt University with a degree in mathematics. He spent the next year in an apprenticeship with an architectural firm in Norfolk, Va. Frye, then only twenty years old, had earned the grand sum of two hundred dollar's for that year's work. The death of his father left him with the responsibility of supporting three younger sisters and a brother. This prompted Frye to set out for Lynchburg to try to make a living as an architect. Frye's first commission -- a church for colored people -- paid him twenty-five, dollars. The following ten years were spent working on a range of projects, including homes for some of the affluent citizens of Lynchburg. In 1900, Frye was awarded the, distinction of being selected as one of three architects chosen:'to' design the East and West wing additions to the State Capitol in Richmond. Frye continued to practice in Lynchburg until 1913, \vhen he received the contract to design Roanoke's municipal building. Realizing that there was much work to be had in the "magic city", Frye moved his practice to Rocmoke to participate in the city's" prosperity., Within ten years, Frye had desigl1~.dthe ROclnok,e Times and World News BuildinQ,' the Boxley' Building, thePatrTc,k Henry Hotel, the Colonial Nath:nial Bank Building,~md the Roanoke City' Market Building ,.allsignificant structur~sin, the heart " of downtown." Frye's prolificacy during this period established him as the most prominent architect in Roanoke. Frye's work was characterized by a willingness and ability to ,: ' design in a wide range of architectural styles. His earlier work' showed an inclination toward the classical revival styles and, he later proved adept at designing in the international style. Never- theless ,the number of Frye's buildings still in use serve as testi- mony to his contributions to the architecture of Roanoke. , Construction On May 7, 1921 the Roanoke City Council accepted Frye's plans for the new market, and instructed the City Manager to advertise for, bids. By May 31, six bid proposals had been re- ceived, and City Council resolved to award the contract for the . construction of, the market to the lowest bidder, John P. Pettyjohn & Co. of Lynchburg. Pettyjohn proposed to build the market building for, $111 ,000, and complete construction in five months. This bid was $4,000 less and promised completion two months faster than any other bid. However, the other contractors complained that the Pettyjohn Company, being an out-of-town concern, should not be given the "honor" of building such an important building for Roanoke. Nevertheless, Pettyjohn had received Frye's recommendation and the contract award was to stand. Construction began on the market building during the summer of 1921. The original building was razed, and Ne,lson St. was re-routed around the new foundations. Wall Street was created on the west boundary of the new market building. Construction time was critical due to the number of vegetable and meat dealers who were forced to remain idle due to the lack of a business estab- lishment. Construction continued, nearly on schedule, throughout the fall arid winter. The refrigeration plant was completed, the heating ,'J system installed, and the butchers' stalls were receiving the finishing touches as the project came to a close. On March 23, 1922 a crowded market square welcamed the dedication of the new facility. And with all forty spaces in the building under lease, the Roanoke City Market Building was open for' business. lmmediate prosperity was to be felt by both th~ merchants and the city. This prosperity would continue for nine years, when the. market would meet an obstacle not of its own making -- the Great Dep~essioti~ . '. The ecoriomiceffeds of the depression. were notfeft as harshly' in Roanoke as they were in other parts of the m.ltion. ". Neverthe- less, business on the market was considerably affected. When it became' evident that some merchants were having difficulty re- maining ih business, the cityresponde9 wfth a series 'of rent reductions that eventually ~educed rents ,by one-third. It should be . noted that throughout this period, ,the market continued to generate a.small profit for the city. And very few market busi- nesses were force<::r into bankruptcy ,mainly due to the city's wil- lingnesstoshar:;ethe. finimdal hardships caused bytne depres~ion. I nfact, the waniq9 yearspf the depression were the beginning of themost prosperous years in history for the market tenants. . . , , '.-',...., 'j",. - '. The pre,..war year.swere '(ery p\ofitable for both the. m~r:~et merchantsa~d the cIty.. In '" faft; the Nelson Street Market flourished in the face of the most . competition in its history .PriQf, to the depression~' the city had opened a curb market on Twelth Street. A privately financed market, ltThe Arcade", was opened in 1932. 80th of these lIrivalll markets were moderately successful for a while, however, only the Nelson Street Market was to withstand the test of time. The Market Building: .1946-1979 It was. not until the post-war years when several conditions initialed the decline of the market's prosperity. During the late 1940's, it once again became evident that the market building was not so modern anymore. The ammonia compressors, which provided the refrigeration of the meat lockers and cases, were requiring constant attention. In 1949, th is compressor was replaced at a cost of $4,100. Finally, within a few years of the new compressor's 1 The city operated two markets during this period, one on First (Nelson) Street, and one on Twelfth Street. To avoid con- fusion, today's "City Market" was known as the "Nelson Street Market. II installation, the ammonia cooling system was to be deemed unsafe for the refrigeration of food products for public sale. Health regulations, which were a strong focus of government agencies during this era, also contributed to this decline by placing restrictions on the sale of poultry, fish, and meat. Federal re- gulations concerning inspection of meats practically eliminated the wholesaling of meats on the market. Among the butchers who have worked in the building, this was seen as the beginning of the end for the small, independent meat dealers. " .~,. Another post-war occurrence was symbolic of the biggest problem ,that was to affect the market. A large supermarket, one of the first in Roanoke was constructed on Salem Avenue, across from the' Market Building. As other supermarkets were being opened in other parts of the city, shoppers were lured away from the market in favor .of the convenience of one-stop shopping. The demand for supermarkets and shopping centers, increased dramatically following 1950, as people began moving out of the central neighborhoods, and into the "suburban" areas of Roanoke and the county. This decentralization movement was very signi- ficant during the 1950's, as over 11 ,000 people made the exodus during the decade. While 1950 is generally accepted to. be the beginning of this population shift, the effects were, felt the strongest in the early 1960's. Market merchants began moving to more profitable locations in 1958, and by 1965, half of the twenty butcher's stalls inside the building were vacant. The city attempted to reverse th is trend in 1968. The city remodeled the west side of the building and granted long-term leases to two major tenants -- Parker Seafood and Bowles' Bake Shop. However, the remaining spaces were being vacated continu- ally. Market expenditures were increasing steadily until 1970, when City Council reported that lithe' market be placed on a self-sus- taining basis; or that it be razed." In order to put the market back in the black, the c;ity, unable to secure additional tenants for the building, cut back drastically on expenditures. The city had continued to employ as many as thirteen workers on the Market Building, including a market clerk, a keeper of the scales, four restroom attendants, and several custodians. Shortly after this report, the market was placed under the jurisdiction of the airport manager, and the staff was reduced to one part-time janitor. With the,se circumstances occurring, it became evident that the city was no longer supporting the Market Building if it were doomed to be a losing proposition. 1970 - Present; Proposals for Rehabilitation Since 1970" the city has actively invited proposals for private development of the Market Building. , In 1974, the Southwest Virginia Community Development Fund (SVCDF), a private corpora- tion, became interested in using the .Market Building as an 1Ilnter- national Fast Food Arcadell. In April of that year, the SVCDF offered to lease a portion of the building. In September, the offer was amended to include the purchase of the building for $250 ,000. The SVCDF also planned to invest $1.25 million in the renovation of the building. However, the city was not interested in selling the building, thus the entire project was dropped. By 1977, the meat market had only two butchers remaining. Approximately one-third of the exterior stalls were vacant. How- ever, developers were taking stronger interest in the 'Market Building due, in part, to incentives included in the Tax Reform Act of 1976. Two years later, the city established the tlistoric district, which included the entire market and the Fire Station #1. This opened the dOQr for the Market Building to undergo rehabilitation in a financiallY feasible manner. On July 1, 1980, the city entered into a lease agreement with Downtown Associates, a partnership formed by a prominent group of businessmen. The lease of the Market Building included a 7S0-day option> which was never exercised. However; two members of this partnership, Horace Fralin and Elbert Waldron, remained interested in .the project. Now a' restructured partnership, Fralin and Waldron began seriously planning for the rehabilitation of the ,Market Building. In late 1982, the city entered into a lease agreement with the lInewl1 Downtown Associates. Terms of the lease agreement will benefit both the city and the dev~lopers. The city is guaranteed at least $600 I 000 worth of renovation work on its building. In addition~ the risks ,of operational costs of' the Market Building are shifted to the developers. Ihis translate,s to immediate savings of approximately $1 ~ ;000 annually, which is current,lywl1at the> city i$, losing on, the, operation of the buiIdingeach year.'," The lease also gives the ,developers the opportunity to capitalize on the project with low rental expense. The lease calls for "rent payments of lithe greater of: ," $1,000 per year; orS% of the unadjusted gross income . to Downtown Associates in excess of that required to yield 15% return on Downtown Associates' actual cash equity in the pr01ect and in excess of the annual interest payment on the debt ser- vice. ..11 This means that the rent for the Market Building will probably not exceed $6,000 for any year at least until the debt service is retired. This rental payment is nominal in comparison to most 'downtown buildings. The lease also provides the city the right to approve any tenants not in a food-related or arts and crafts business. This is an attempt to maintain the historical integ rity of the building. As of May 1, 1983, Fralin and Waldron has not contracted with any possible tenants, nor have they established rental rates. The Market Today The downtown market has experienced a mild resurgence lately. The city has installed canopied tables from which farmers can sell their produce. Several buildings have been or are being rehabilitated. Most notable of these is the McGuire Building, which is undergoing major renovation to house the "Center in the Squarell, a comprehensive arts center. However, the Market Building is currently about 95% unused. The only spaces being rented are the four corner stores and a few of the exterior bays on 'First St. and Wall St. The last butcher shop to leave the Market Building, Mason and Hannibass, moved across the street to the newly renovated Peters' Market Building on the corner of Wall Street and Campbell Avenue. They will soon be joined by ParJ<er Seafood, the owners of the buildirig. The Market Building is in desperate need of repair. While it is structurally sound, much of the exterior finishing is in poor condition. The storefronts need to be replaced, and the roof over the sidewalk has been damaged and must be replaced. Throughout the years, many repairs and alterations have been made which do not coincide with the original character of the building. The second floor auditorium has recently been cleaned up and painted, but the work was done with no, specific purpose for the space in. mind. It- is estimated that ref4rbishing ~the building will cost between $600,000. and $1,000,000.' There are other conditions prevalent to the market that one must consider when making a development proposal. The market has long been recognized for its "citizenry", i. e. ~ the indigents who make their home on or near the market. Also present are the prostitutes who work the Salem Avenue side of the Market Building. The Mark€t attracts this element because of the low-rent hotels and inexpensive "beer joints" in the area. While most of the more advantaged market patrons simp Iy accept or ignore th is situation, it could prove to be a . deterrent to possible lessees of the Market Building. However, it is the author's contention that this element will progress to the east of the market if the market were to become more successful. Whether due to pride or fear, these people prefer less populous areas. , ~,; I>Advertise with Us f>lnvite a Friend J>Uok to Us I> Subscribe to the eNews!etter tRestaurant Jobs ~P.TVH~P. ~om - I np. N:tTlOn'.;: ;"\onr~p. Tor KP'.;:t~l1r:tnT NP.W~ P:H1P. I ot'i My Admin I Add to Favorites' contact Us , Register Ilog-in I LIVE Chat is Open! Advertise Here F ~;.~ilk'~~~#i;;;1#~~~i I 1- ~.~~~-~~~~~- l=~M"" Thursday September 18,2003 Idea of Chain Restaurants Irks Vendors (C) 2003 Roanoke Times & World News. via ProQuest Information and Learning Company; All Rights Reserved, Roanoke ,Times & World News That last paragraph caught their eye. One guy said it raised his blood pressure. On the edge of lunch-hour rush Tuesday, food-court vendors huddled inside the City Market Building to read a newspaper article about Monday's meeting of the Roanoke City Council. They found confirmation there that a national chain restaurant, Subway, might soon move into their tenitory . 'We had suspected that for a while, but it was the first time we saw it in print," said Aaron Galbreath, a manager at Three U'L Pigs Barbeque. As proposed, the Subway would move down Salem Avenue from Jefferson Street to occupy a vacant space in the Market Building at the comer of Market Street. Although there would be a door off the food court, the franchise's primary entrance would be from the street. Several food-court vendors said that Subway's short move down Salem Avenue probably won't immediately affect their bottom line. But they expressed larger concerns about the city's apparent courting of national chains for downtown and a related sense of betrayal. Phil Full, co-owner with his father, Gene, of New York Subs, said longtime food-court vendors and other small and independent businesspeople who have participated in downtown's revitalization wonder what city officials are thinking. , "Now, they are trying to go against the things that have made downtown revitalized and successful," he said. (In turn, city officials - and Market Building property manager Advantis Real Estate Services Co. - say the right mix of national and independent restaurants will foster additional activity downtown, benefitting everybody. I.we've got to give people options. I don't think competition is a bad word," said City Manager t Darlene Burcham. But the Fulls and other vendors, including Samuel Eakin of Red Coyote Mexican Grill. said Subway's tenancy in the Market Building would violate what are, in effect, noncompete provisions in eXIsting 'eases. . ' "I've got a contract that says nobody else can sell sub sandwiches in the building," said Gene Full. When the city changed property managers earlier this year from F&W Management to Advantis, many vendors welcomed the change. It seems the honeymoon is over. 'We had a lot of trouble with Advantis," said Juan Garcia, owner of Paradiso Cuban Cuisine. "If this continues, I go out." ,-...__ _ r"". .... ~_ .__..1 ___..J ........ _~'- __ LI- _ _:~ .,_ 4 ~"L:_ _L_ __ _I :_ L_ "'-:.._ _.... La... _ :_ ....____ ..1__40 __ ___4.___ .._ Stl'lThnnln: NP.Wl;; l'lt "'OOl1l;;P'TV1~P. ~om - Ihp. Nl'ltlon'l;; SOl1T~P. tOT 1<P'l;;tl'lllTl'lnt NP.Wl;; J..'l'lUP' 'J ot'~ incubator for eateries - grew, and moved on, which he said has been a good thing for the Roanoke Valley. "In no way are we trying to drive any tenants out," said Zach Means of Advantis. 'The tenants in the Market Building have provided a flair of international cuisine that you can't find other places. If we thought that Subway was in competition with Eugene Full in any way we would not put them in the building." Phil Full disagreed. ('They are putting my competition in my back yard," he said. "If you have people walking over from the [Hotel Roanoke &] Conference Center and they want a sub, if they see a sign for a Subway shop, that's where they'll go. They won't even know there's a food court inside." Means also said Subway is not, by definition, a food-court tenant because its main access would be from the street. Thus, Subway would not violate a noncompete provision, he said. ,~( Ultimately, Means said, a mix of national chains - such as Starbucks - and independent vendors draws more people downtown. "In most environments, this is typically the most successful route," he said. Burcham expressed similar thoughts, f "I think what we are looking for is the right kind of mix of 'mom- and-pop' restaurants and chains," " Burcham said, adding that many visitors to Roanoke's downtown look for a familiar place to eat "Many times the people who walk across that bridge from the Hotel Roanoke are left unserved, especially on Sundays," she said. (Louis Wilson owns Burger in the Square. Wilson said plenty of competition already exists downtown for lunchtime dollars. He said national chains will benefit from deep-pocket advertising and name recognition. Visitors who don't know about the quality and variety of choices at the food court might settle for a chain restaurant, he said. "I actually come in every morning and hand-grind and hand-make what I call the carpal tunnel burgers," offering a better burger, he said. But visitors don't know that, Wilson said. "Instead, they see a fat guy and a skateboarder behind the counter here and don't know anything about us. "My biggest concern is that they'll put a Burger King on the front of the building," he sai~. Means responded. 'We're not going to put a Burger King in there," he said. Advantis is trying to work toward the city's goal of making downtown Roanoke lively at all hours, he said. But Meagan Collins, a self-described loyal customer of Paradiso Cuban Cuisine, said she believes independent, small businesses downtown help the local economy. "Look around, these are our townspeople," Collins said Tuesday, gesturing to food-court vendors. ''They've been here for years and make wonderful food. It's different from all the commerci~1 vendors. It's one of the things that defines our downtown." Duncan Adams can be reached at 981-3324 or duncan.adams@roanoke.com. '-.1,,1-4" Thcr. "4"'_ it.o...... r.IIh....,'a hr.aC' h4cr.n "' .hlie-J"o,a u~i" t:1"\nnc.a."-""",Q ,.."''"" fr"...... "'"Go "f tha "."Q_, ,,""::l;nr ...":rcr. C'Qn,u..OC' COVENANT AGAINST LEASES TO COMPETITORS. Provided the tenant is not in default of the payment of the fIxed annual minimum rental, landlord will not, without the prior written consent of tenant, lease or permit the occupancy of any portion of the City Market rental area for any store to be used, occupied, operated or managed, directly or indirectly, by the following persons, fIrms or corporations, or any parent, subsidiary or affiliate of any national food chain, or any food service establishment that serves as any part of its menu offered to the public, a food item that is offered as a part of tenant's menu, or any other discount., house type of retail business. Landlord shall not without tenant's prior consent lease or permit the occupancy of any portion of the City Market area by any competing department or specialty store. Market Building Update Information 1. The owner/tenants of the Market Building feel that the closing of the building in September was, in retrospect, unnecessary and when combined with the City's need to do cosmetic work, gave the public the idea that there was more to the cleanup than there actually was. 2. The City, Termin-x and the Health Department, having found an increase of rodent activity in the building after informing the tenants in mid-summer of one tenants' rodent problem, should have advised the tenants of the increase and of fIndings in their individual areas, instead of letting the situation reach the level of a closing. 3. There shouldn't have been a 4-5 month lapse in extermination of the premises between December of 2007 and May of this year. 4. In the spring and summer of 2007, we fought the placement of the buildings refuse and fryer grease into the building due to the loss of the dumpster pad at the Northeast end of the Viaduct parking lot after said lot was given to the Arts Council for the Taubman Museum. 5. We also fought for refuse containers so that the buildings refuse would not be placed on the sidew8lk near the Salem Avenue entrance'to this building. 6. We advised each of the entities operating the building and each Health OffIcial assigned to the structure that. rodents were occasional visitors in the food court and that towards the end of summer, when rodent populations are at there highest and cooler weather caused them to seek better shelter that we tenants were always more focused and ready for any influx into the building. 7. Due to the heightened media focus on the Tenants and their Health Department inspections, the food court has seen a great reduction in downtown worker/customers.. . our bread and butter, and at this point may see more than a couple of tenants bankrupt over the next few weeks. 8. Regrettably, some tenants had asked to change their operations toward outward venues, with street visibility and better operating hours, not only because that seemed what the City officials indicated that they found more desirable, but because the restaurant would be more effIcient, and profItable ill a changing downtown. These changes would have facilitated better conditions required by the Health Department. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov SHEILA N, HARTMAN, CMC Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk January 23, 2009 CECELIA T. WEBB Assistant Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 38340-012209 express(ng the intent of the City Council to include ,in future City budgets, subject to funding availability, additional operating funds for the Roanoke City Public Schools. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Thursday, January 22, 2009. Sincerely, ~/h'!t~ Stephanie M. Moon, CMC City Clerk SM M :ew Attachment pc: Rita D. Bishop, Superintendent, Roanoke City Public Schools, P. O. Box 13145, Roanoke, Virginia 24031 Curtis D. Baker, Deputy Superintendent of Schools, Roanoke City Public Schools, P. O. Box 13145, Roanoke, Virginia 24031 Cindy Poulton, Clerk, Roanoke City School Board, P. O. Box 13145, Roanoke, Virginia 24031 William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Director, Management and Budget ,i~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd day of January, 2009. No. 38340-012209. A RESOLUTION expressing the intent of City Council to include in future City budgets, subject to funding availability, additional operating funding for the Roanoke City Public Schools. WHEREAS, the operating funding provided to Roanoke City Public Schools is based on a formula which distributes 36.42% of adjusted local tax revenues to the schools; WHEREAS, Roanoke City Public Schools has requested additional operating funding and consideration for adjustments to funding this formula; WHEREAS, members of the Joint Services Committee, formerly the Funding Committee, agreed that consideration should be given to providing additional funding to Roanoke City Public Schools in the amount of $2.5 million over five years; WHEREAS, the first installment of incremental funding above the base funding level was provided in FY 2009 in the amount of $500,000; and WHEREAS, Council is desirous of considering the provision of additional incremental funding to Roanoke City Public Schools above the base funding level. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that it does hereby express its intent to include in future City budgets additional funding above ~he base funding level as determined by the present funding formula in increments of $500,000, up to a total of $2.5 million over a five-year period, subject to funding availability.,! , \ \ I' ) '. I \ (I ATTEST: I'I, , t( ") )1;. rrr\W City Clerk. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk January 23, 2009 Glenda Edwards, Executive Director Roanoke Redevelopment and Housing Authority P. O. Box 6459 Roanoke, Virginia 24017-0359 Dear Ms. Edwards: At the regular meeting of the Council of the City of Roanoke which was held on Thursday, January 22,2009, Council Members AnitaJ. Price and Court G. Rosen were appointed as Council as liaisons to the Roanoke Redevelopment and Housing.Authority, Board of Commissioners, effective January 22, 2009. Sincerely, (''7. fr;bW Stephanie M. Moon, CMC City Clerk SM M :ew pc: The Hon6rable Anitaj. Price, Council Member The Honorable Court G. Rosen, Council Member Katie L. Drewery, Secretary, Roanoke Redevelopment and Housing Authority, Board of Commissioners, P. O. Box 6459, Roanoke, Virginia 24017-0359 Darlene L. Burcham, City Manager William M. Hackworth, City Attorney CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov SHEILAN. HARTMAN, CMC Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk January 23, 2009 Wilburn C. Dibling, Jr., Attorney Gentry Locke Rakes & Moore P. O. Box 40013 Roanoke, Virginia 24022 Dear Mr. Dibling: I am enclosing copy of Ordinance No. 38341-012209 rezoning an approximate 30-foot wide strip of approximately 6,545 square feet, Official Tax No. 5090210, a portion of property located at 4935 Woodmar Drive, S. W., from R-12, Residential Single Family, and a 13,455 square foot portion of property located on the easterly side of the tract, located at 1950 Electric Road, S. W., Official Tax No. 5090278, from CN, Commercial Neighborhood District, to CN, Commercial Neighborhood District, subject to a certain condition proffered by the petitioner, as set forth in the Zoning Amended Application No. 2 dated December 22, 2008. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Thursday, January 22, 2009, and is in full force and effectupon its passage. . ;;;J~m. ht&.J Stephanie M. Moon, CMC City Clerk SM M :ew Enclosure Wilburn C. Dibling, Jr., Attorney January 23, 2009 Page 2 pc: SW Improvements, LLC, P. O. Box 528, Columbia, South Carolina 29202 J. Gregory Tanaglia, Trustee, 1940 Electric Road, S. W., Roanoke, Virginia . 24018 Mr. Angel R. Zayas, Jr., and Ms. Karen Zayas, 4929 Woodmar Drive, S. W., Roanoke, Virginia 24018 Mr. and Mrs. Edwin Ewing, 5024 Gatewood Avenue, S. W., Roanoke, Virginia 24018 Mr. and Mrs. Atsuhiko Nakajima, 5032 Gatewood Avenue, S. W., Roanoke, Virginia 24018 Mr. arid Mrs. David Lambert, 5040 Gatewood Avenue, S. W., Roanoke, Virginia 24018 Bob Caudle, President, Greater Deyerle Neighborhood Association, 4231 Belford Street, S. W., Roanoke, Virginia 24018 Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, City Engineer Henry Scholz, Chair, City Planning Commission, Martha P. Franklin, Secretary, City Planning Commission Nancy C. Snodgrass, Zoning Administrator " /,'\ y.:J ' ~ ' 1'\ \ r!\\"J \. \\~' IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd day of January, 2009. No. 38341-012209. AN ORDINANCE to amend 936.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain properties within the City, subject to a certain condition proffered by the petitioner; and dispensing with the second reading ofthis ordinance by title. WHEREAS, William E. Williams, Jr., and ECS Properties, LLC, represented by Wilburn C. Dibling, Jr., Esquire, have made application to the Council of the City of Roanoke, Virginia ("City Council"), to have an approximate 30 foot wide strip of approximately 6,545 square feet, a portion of property located at 4935 Woodmar Drive, S.W., bearing Official Tax No. 5090210, zoned R-12, Residential Single Family, and a 13,455 square foot portion of property located on the easterly side of the tract, located at 1950 Electric Road, S.W., bearing Official Tax No. 5090278, zoned CN, Commercial Neighborhood District, rezoned to CN, Commercial Neighborhood District, subject to a proffered condition; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by 936.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council;. , WHEREAS, a public hearing was held by City Council on such application at its meeting on January 22,2009, after due and timely notice thereof as required by 936.2-540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens we~e given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive O-Wil1iam Williams-rezone with proffer.doc 1 Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject properties, and for those reasons, is of the opinion that the hereinafter described properties should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that an approximate 30 foot wide strip of approximately 6,545 square feet, a portion of Official Tax No. 5090210, located at 4935 Woodmar Drive, S.W., zoned R-12, Residential Single Family, and a 13,455 square foot portion of property located on the easterly side of the tract, Official Tax No. 5090278, located at 1950 Electric Road, S.W" zoned CN, Commercial Neighborhood District be, and are hereby rezoned to CN, Commercial Neighborhood District, subject to a certain condition proffered by the petitioner, as set forth in the Zoning Amended Application No.2 dated December 22, 2008. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~"( Q- '~'~~ ' /2., ~ ,if I /.' o\Th.j qtyClpi<. ~ O-William Williams-rezone with proffer.doc 2 Architectural Review Board Board of Zoning Appeals Planning Commission CITY OF ROANOKE PLANNING BUILDING & ECONOMIC DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning@roanokeva.gov January 22, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable Gwendolyn W. Mason, Council Member Honorable Alvin L. Nash, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Honor~ble David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Request from William E. Williams, Jr., and ECS Properties, LLC, represented by Wilburn C. Dibling, Jr., Esquire, that an approximate 30 wide foot strip on the west side of property bearing Official Tax No. 5090210, located at 4935 Woodmar Drive, S.W., and zoned R-12, Residential Single Family District, and a 13,455 square foot portion of property located on the easterly side of the tract bearing Official Tax No. 5090278, located at 1950 Electric Road, S.W., currently zoned CN, Commercial Neighborhood District, be rezoned to CN, Commercial Neighborhood District, subject to the following condition: that the proposed development of the subject property shall be in substantial conformity with a development plan, dated November 25, 2008. The purpose of the rezoning is to allow for the construction of a landscaped buffer, parking improvements and exit as shown on such development plan. Planning Commission Recommendation: Planning Commission public hearing was held on Thursday, December 18, 2008. After public discussion, the application was approved by a vote of 6-0 (Mr. Scholz absent), finding that the application to rezone the subject property to be consistent with the City's Zoning Ordinance, Comprehensive Plan, and the Greater Deyerle Neighborhood Plan. The rezoning will permit the increased use of an existing commercial site while retaining the residential dwelling. Respectfully submitted, ~~ Henry Scholz, Chairman Roanoke City Planning Commission Members of City Council Page 2 January 22, 2009 cc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney R. Brian Townsend, Assistant City Manager Applicant Members of City Council Page 3 January 22, 2009 Application Information Request: Rezoning, Conditional Owner: William E. Williams, Jr. and ECS Properties, LLC Applicant: ECS Properties, LLC Authorized Agent: Wilburn C. Dibling, Jr. City Staff Person: Maribeth B. Mills Site Address/Location: 4935 Woodmar Drive SW and 1950 Electric Road SW Official Tax Nos.: 5090210 and 5090278 Site Area: 6,545 square foot portion ofT.M. 5090210 and a 13,455 square foot portion of T.M. 5090278 Existing Zoning: R-12, Residential Single-Family (T.M. 5090210) and CN, Commercial Neighborhood (T.M. 5090278) Proposed Zoning: CN, Commercial Neighborhood with conditions Existing Land Use: General office and single-family residential Proposed Land Use: General office and shared parking for mix of medical clinics, general office, and retail sales Neighborhood Plan: Greater Deyerle Neighborhood Plan Specified Future Land Use: Commercial neighborhood and single-family residential Filing Date: Original Application: November 5, 2008; Amended Application No.1: November 25, 2008; Amended Application NO.2: December 22, 2008 Background The applicant is requesting to rezone a 6,545 square foot strip of Official Tax No. 5090210 from R-12 to CN with conditions and a 13,356 square foot portion of Official Tax No. 5090278 from CN to CN with conditions to expand a surface parking lot and provide an additional egress point. The portions would be combined to create a 20,000 square foot lot. Proposed physical improvements include 21 parking spaces off an existing drive aisle, a 14 foot right turn only exit lane, relocation of an existing dumpster, and a Type C, Option 1 Buffer Yard. The remaining 17,093 square foot portion of Official Tax No. 5090210, which contains an existing single-family dwelling, would remain in the R-12 District. A 3,907 square foot portion of Official Tax No. 5090278 would be added to Official Tax No. 5090277, another CN parcel within the development, for a total of 17,389 square feet. Condition Proffered by the Applicant The applicant requests that the following proffered conditions be adopted as they pertain to the subject portions of Official Tax Nos. 5090210 and 5090278: Members of City Council Page 4 January 22, 2009 1. The proposed development of the subject property shall be in substantial conformity with the Development and Landscaping Plan, dated November 25, 2008, prepared by Lumsden Associates, P.C., subject to any changes required by the City as part of its Comprehensive Development Plan review process. Considerations SurroundinQ ZoninQ and Land Use: East West Zoning District North R-7, Residential Sin le-Famil South CLS, Commercial Large Scale Compliance with the ZoninQ Ordinance: The applicant is requesting the CN District for consistency with the existing development. The CN District has a 20,000 square foot maximum lot size which will require that only a portion of Official Tax No. 5090278 be combined with Official Tax No. 5090210. The residual will be combined with another CN property in the development. The portion of Official Tax No. 5090210 remaining R-12 is over the minimum lot size of 12,000 square feet by 5,093 square feet. The applicant has chosen Option 1 for a Type C Buffer Yard. This requires a 6 foot high screen and one evergreen tree for every 8 linear feet or portion thereof in a 10 foot yard. Landscaping is required on the outside of the screen, which will increase the perceived side yard of the existing dwelling on the residual R-12 property. The proposed side yard setback of the dwelling is 8.4 feet, however, the required 10 foot buffer yard will visually increase the setback. The applicant is requesting that the parking area be increased by 21 spaces for a total of 94 spaces, 6 of which are handicap. Parking is shared between all parcels in the development, serving 17,126 square feet of medical clinic, 1,094 square feet of retail space, and 4,383 square feet of general office space. The minimum required for these uses is 73 spaces and the maximum allowed is 102 spaces, not including those designated as handicap. In September of 2008, the City recognized the need for additional parking for medical clinics by amending how parking is calculated for this use (1 space per 300 square feet instead of 1 space per 400 square feet). If this amendment had not been approved, the proposed number of spaces would have exceeded the maximum. Members of City Council Page 5 January 22,2009 Conformity with the Comprehensive Plan and Neiqhborhood Plan: The Greater Deyerle Neighborhood Plan calls for the efficient use of existing commercial properties. While this request does extend beyond the existing CN District, it will allow for the increased utilization of the site with minimal encroachment into the surrounding neighborhood as discussed above. According to the applicant, increasing the number of parking spaces in a parking area that is consistently full and shared by multiple medical clinics and offices will allow the ophthalmologic practice to add a fourth doctor and an increased client list. Parking and impervious surface area is being increased, however, not above the maximum allowed. The proffered development covering both portions of the subject properties further limits the property by preventing any future development unless the zoning amendment process is revisited. The following policies of Vision 2001-2020 are relevant in the consideration of this application: . ED P6: Commercial development. Roanoke will encourage commercial development in appropriate areas (Le., key intersections and centers of Roanoke to serve the needs to citizens and visitors. The following policies of the Greater Deyerle Neighborhood Plan are relevant in the consideration of this application: . Community Design Policies: o Design: Future commercial development should adhere to the design principles of Vision 2001-2020 for commercial corridors: · Minimal curb cuts, shared parking, increased lot coverage, signs co-located, no excessive lighting, and orientation of buildings close to the street. o Parking: Paved parking spaces and impervious surfaces should be minimized. o Zoning: Maintain the current zoning districts as they are. If property owners request changes: · Evaluate rezoning requests based on the specific recommendations and guidelines of this plan · Support rezoning request that will allow for expansion on existing commercial or industrial properties without encroaching into residential areas. · Economic Development Policies: o Limit commercial zoning to identified commercial areas. Outside Aqencv Comments: The City's Development Review Coordinator, Danielle Bishop, requested that the existing public storm drain system on Woodmar be checked to verify it will be able to handle additional drainage from the increased parking area. The applicant's engineer submitted a satisfactory Offsite Storm Drain Adequacy Calculation to Ms. Bishop. Members of City Council Page 6 January 22, 2009 Plannina Commission Public Hearina: The following questions and comments were posed by the Planning Commission during their December 18th public hearing: 1. Mr. Chrisman questioned how the applicants were currently dealing with the parking shortage. The applicant responded that there were peak hours of operation when it was very difficult to find a space and that patients had to circle the lots until a space became available. 2. Mr. Rife asked if all of Official Tax No. 5090210 was being conveyed or only the 30 foot strip. The applicant said that the entire Williams property had been purchased, but only 30 feet was being rezoned. He said that the house and remaining land would be placed on the market. 3. Mr. Rife asked if the increase in doctors would result in an expansion of the buildings. The applicant said that no physical expansion would occur on the dental or ophthalmologist offices. 4. Mr. Rife asked if the landscaping plan presented was proffered. The applicant responded that it was not, but agreed to proffer the plan. An amended application including the landscaping plan was filed with the Department of Planning, Building, and Development on December 22, 2008. 5. Mr. Williams asked about the continued viability of the residence due to the reduction of lot size and setback as a result of the rezoning. The applicant responded that the property would still exceed the minimum lot size and side yard setback. 6. Mr. Williams commented that turning prohibitions coming out of parking lots, and sometimes streets, tends to channel traffic onto a few streets and roads and prevents people from using alternative routes. The following comments were made by the public at the Planning Commission's December 18th public hearing: 1. Angel Zayas (4929 Woodmar Drive) appeared before the Commission in opposition to the rezoning, noting his opposition to the exit on Woodmar Drive. He also presented a petition in opposition to the rezoning. 2. William Williams (4935 Woodmar Drive) appeared before the Commission in support of the application, stating that ECS had been good neighbors and that there were no children on the street and those walking did not walk all the way to Route 419. Staff received a letter from the Greater Deyerle Neighborhood Association stating they did not feel that the change would adversely affect the Members of City Council Page 7 January 22,2009 neighborhood. Bob Caudle, President of the Greater Deyerle Neighborhood Association, stated that the letter in support of the request had been approved by the Board of Directors of Greater Deyerle and that a meeting of the full membership had not been held. Department of Planning, Building and Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.w. Roanoke, Virginia 24011 Phone: (540) 853-1730 Fax: (540) 853-1230 Date: IDee 22, 2008 Submittal Number: IAmended Application No.2 o Rezoning, Not Otherwise Listed [8] Rezoning, Conditional o Rezoning to Planned Unit Development o Establishment of Comprehensive Sign Overlay District ~V_jI1D8%,%r;*~i~m t~!.<<..".!t~.jh!-!LIi!!!!!l!mg o Amendment of Proffered Conditions o Amendment of Planned Unit Development Plan o Amendment of Comprehensive Sign Overlay District Address: 4935 Woodmar Drive, SW, Roanoke, VA 24018 (5090210) & 1950 Electric Rd., SW, Roanoke, VA 24018 (5090278) Official Tax No(s).: 5090210 and 5090278 (metes and bounds descriptions attached) Existing Base Zoning: 15090210- R-12 and 5090278 - CN (If multiple zones, please manually enter all districts.) Ordinance No(s). for Existing Conditions (If applicable): IN/A Requested Zoning: ICN, Commercial-Neighborhood I Proposed Land Use: Landscaped buffer & parking improvements 1 0 With Conditions [8] Without Conditions Phone Number: 774-9396 I I E-Mail: I Name: IECS Properties, LLC Address: I Phone Number: I 772-7171 I E-Mail: Imblanchard@eyecaresurgery.com I Name: IWilburn C. Dibling, Jr. I Phone Number: I 983-9370 I I " E-Mail: IWilLdibling@gentryIOcke.com Address: IX] Completed application form and checklist. J5<1 Written narrative explaining the reason for the request. J5<1 Location map. IX] Adjoining property owners list. IX,: Metes and bounds description, if applicable. IX: Required fee. [] Concept plan meeting the Application Requirements of item #4 in Zoning Amendment Procedures. IX. Written proffers. 1)(: Conc~pt plan meeting the Application Requirements of item #4 in Zoning Amendment Procedures. Please label as 'development I,~, plan' If proffered. [J Development plan meeting the Application Requirements of item #4 in Zoning Amendment Procedures. [J Comprehensive signage plan meeting the requirements of Section 36.2-336(d) of the City's Zoning Ordinance. [] Amended development plan meeting the Application Requirements of item #4 in Zoning Amendment Procedures, if applicable. C Amended concept plan meeting the Application Requirements of item #4 in Zoning Amendment Procedures, if applicable. Cl Written proffers to be repealed. [J Written proffers to be adopted, if applicable. If some of the existing proffers are to be retained, please include these in this list. Cl Copy of previously adopted Ordinance. [J Amended development plan meeting the Application Requirements of item #4 in Zoning Amendment Procedures. [J Copy of previously adopted Ordinance. C: Amended comprehensive signage plan meeting the requirements of Section 36.2-336(d) of the City's Zoning Ordinance. [] Copy of previously adopted Ordinance. [J A Traffic Impact Study in compliance with Appendix B-2(e) of the City's Zoning Ordinance. [J Cover sheet. CO' Traffic impact analysis. C Concept plan. C Proffered conditions, if applicable. [J Required fee. * An electronic copy of this application and checklist can be found at www.roanokeva.gov/pbd by clicking 'Applications, Agreements, Bonds, and Schedule of Fees'. A complete packet must be submitted each time an application is amended, unless otherwise specified by staff. AMENDED APPLICATION NO.2 EXHIBIT 2 NARRATIVE STATEMENT OF ECS PROPERTIES, LLC Summary of Application ECS Properties, LLC (ECS), a large ophthalmological practice located in the Sugar Loaf Crossing Office Park on Route 419, requests that an approximately 30 foot strip of adjoining property be rezoned from Residential Single Family (R-12) to Commercial-Neighborhood (CN(c)) and that a portion of one of ECS's lots (Official Tax Map No. 5090278) be rezoned from CN to CN(c) to permit the construction of 21 badly needed parking spaces. ECS is the contract purchaser of the adjoining property of William E. Williams, Jr., located at 4935 Woodmar Drive, S. W., Official Tax Map Number 5090210 (the "Williams Property"). This Application is to rezone a 30 foot strip only on the west side of the Williams Property. Within the 30 foot strip and within a portion ofECS's lot to be rezoned, ECS would construct 21 parking spaces and a landscaped buffer as required by the City. The balance of the Williams Property, including the brick ranch home, would be retained in its current R-12 zoning without any change in use or appearance. This Application is accompanied by a proffered Development and Landscaping Plan, dated November 25, 2008, that includes the exact dimensions of the areas requested to be rezoned and the details of its development as well as metes and bounds descriptions of the areas to be rezoned. Justification for Chan!!e in Zonin!! The subjects of this rezoning are an approximately 30 foot strip on the west side of the Williams Property (5090210) which would be rezoned from R-12 to CN(c), and a portion ofECS's Lot 4 (5090278), which would be rezoned from CN to CN(c). ECS's Lot 3 is unaffected by this rezoning. On the rezoned portion of the Williams Property and on a portion of ECS's Lot 4, ECS will construct the landscaped buffer, parking improvements and exit shown in detail on the proffered Development and Landscaping Plan (Exhibit 4). Sugar Loaf Crossing, Phase I ("Sugar Loaf Crossing"), consists of four lots. Lot lA-l is owned by Coots Ward Management Company (Coots Ward), a high traffic dental practice consisting of five dentists. ECS, the property arm of Eye Care and Surgery, a 16396/1/2868783v I high volume ophthalmological practice consisting of three ophthalmologists and two optometrists, owns Lots 3 and 4. Lot 2 of Sugar Loaf Crossing is owned by Greg Tenalgia, a financial advisor. All parking in Sugar Loaf Crossing is subject to cross easements (parking rights are held in common). Currently, there is an extreme shortage of parking for patients of the dental practice and the ophthalmological practice. ECS meets a need for highly specialized ophthalmological care and serves patients from throughout Southwest Virginia. At its facilities in Sugar Loaf Crossing, ECS is performing office surgical procedures, including eyelid, tear system, glaucoma, and retina procedures, as well as routine ophthalmological care. Many of ECS' patients are elderly and require more convenient parking in proximity to the ECS offices. Also, a number of ECS patients are transported to and from the ECS offices by ambulan~e. The current parking configuration in Sugar Loaf Crossing creates difficulty for ambulances to maneuver in the tight parking area. ECS has a need for, office space for, and the desire to add a fourth ophthalmologist to its staff. The lack of parking for patients, however, is a deterrent to ECS' expansion of its practice at its City location. Intended Use of the Rezoned Property All the owners in Sugar Loaf Crossing support the plan to provide critically needed additional parking that will meet the needs of each property owner (ECS, the Coots Ward dental practice, and the financial advisor (Tenaglia)). The plan requires that an approximately 30 foot strip on the west side of the Williams Property be rezoned from R-12 to CN(c). Within the 30 foot strip requested to be rezoned and on a portion of ECS's Lot 4 (5090278), ECS would construct a landscaped buffer meeting all City requirements and 21 parking spaces. The Development and Landscaping Plan has been proffered (Exhibit 3), and the landscaped buffer and parking spaces would be constructed in substantial conformity with the Plan. The Development and Landscaping Plan proffered with the rezoning application shows a "right turn only" exit from Lot 4 of Sugar Loaf Crossing onto W oodmar Drive. This will allow vehicles to turn right out of Sugar Loaf Crossing and travel approximately 150 feet on Woodmar to reach Route 419. The "right turn only" exit is very important to ECS ambulance traffic. Currently, ambulances delivering and picking up patients on the east end of the ECS building are required to back up through the parking lot in order to turn around and then wind their way back through the parking lot in order to reach Route 419. If the rezoning is approved the rezoned portion of the Williams Property will be added to Lots 2 and 4 of Sugar Loaf Crossing. With the added area and adjusted lot lines, Lots 2 and 4 will meet all City zoning requirements for CN lots. 2 16396/1/2868783vl Effect of Proposed Rezonine: on Surroundine: Neie:hborhood ECS will acquire the entire Williams Property. No change will be made in the Williams Property except with respect to the 30 foot strip on the west side. The balance of the Williams Property will be retained in its R-12 zoning without any change in use or appearance and will comply with all City lot size and setback requirements. ECS does not desire to be a landlord. It is the intent of ECS that the dwelling and R-12 portion of the Williams Property remain as owner-occupied residential property. The minimal rezoning requested by ECS will not have any effect on the character of the Greater Deyerle Neighborhood. The additional parking will comply with City of Roanoke's Stormwater Management Ordinance requiring that land-disturbing activities maintain the same after-development runoff characteristics, as nearly as practicable, as the pre-development runoff characteristics in order to reduce flooding, siltation, stream bank erosion, and property damage associated with land-disturbing activities; among the other objectives defined in the Ordinance. These objectives and requirements will be met as a result of modifying the existing storm water management facility or installing additional measures. The Applicant's engineer has determined that the existing storm drainage system on W oodmar is adequate and has capacity to handle any additional drainage contributed by this rezoning application. The exit from Sugar Loaf Crossing to Woodmar will not result in any additional traffic in the residential area. There will be no left turn out of Sugar Loaf Crossing, and the Development and Landscaping Plan shows an exit designed to prevent traffic from turning left on Woodmar. Furthermore, there will be no entrance to Sugar Loaf from W oodmar. The Development and Landscaping Plan shows appropriate signage to control traffic. The right turn only exit will not cause inconvenience to any resident. A vailabilitv of Other Similarlv Zoned Properties in the General Area The property to the south of the Williams Property is zoned Commercial Large Site (CLS). The Sugar Loaf Crossing Property to the west of the Williams Property is zoned CN. To the north and east the zoning is R-12. The parking needs of the Sugar Loaf Crossing owners and their patients and clients must be met in close proximity to their buildings. There is no commercially zoned property in the area that would meet the parking needs of the medical and dental practices and other businesses located in Sugar Loaf Crossing. 3 16396/1/2868783vl Relationship of the Proposed Rezoninl! to the City Comprehensive Plan and the Neil!hborhood Plan The City Comprehensive Plan (Vision 2001-2020) recognizes that the City of Roanoke is the hub of the larger regional economy and that the highest concentration of medical services is located in the City (page 52, Comprehensive Plan). Roanoke's economic base has transitioned from a predominately manufacturing economy to a modem service economy, and health care related activity accounts for one-third o( the service industry (page 52, Comprehensive Plan). As stated in the Plan, one of the economic objectives of the region is to attract industries experiencing growth (page 52, Comprehensive Plan). The proposed rezoning will allow the expansion of Eye Care and Surgery at its current location in the City. With the additional parking, Eye Care and Surgery and the Coots Ward dental practice will continue to contribute to Roanoke's dominant position as the regional medical center of Southwest Virginia. An action proposed by the Comprehensive Plan is to encourage maximum use of commercial sites by addressing parking requirements and landscaping to facilitate development of commercial businesses in centers rather than strip developments. See ED, A27, page 61, Comprehensive Plan. Sugar Loaf Crossing is a compact, CN zoned, office center rather than the discouraged type of strip development. The proposed rezoning would encourage maximum use of the CN zoned Sugar Loaf Crossing property and provide for the continued vitality of the medical practices and businesses in this high quality office park. Sugar Loaf Crossing is located on the Route 419 edge of the Greater Deyerle Neighborhood, and the proposed rezoning of the 30 foot strip is consistent with the Greater Deyerle Neighborhood Plan. The Greater Deyerle Neighborhood is one of the City's outstanding neighborhoods, and the proposed rezoning of the 30 foot strip will not affect the overall character of the neighborhood. One of the high priority initiatives of the Greater Deyerle Neighborhood Plan is to maintain existing general land use patterns. The proposed rezoning accommodates this neighborhood priority by meeting the pressing needs of adjoining CN zoned property without the loss of a single residence and without any change in the character or appearance of the neighborhood. In keeping with the residential development policies of the Plan, the parking improvements in Sugar Loaf Crossing will be well planned and use limited land resources wisely (page 48, Greater Deyerle Plan). Finally, the minimal rezoning requested by ECS will not result in any additional traffic in any residential area of Greater Deyerle. WCDjr/bd/wgb 4 16396/l/2868783vl EXHIBIT 3 PROFFERED CONDITIONS The Applicants request that the following proffer be adopted as it pertains to the subject portion of Official Tax No. 5090210 and the subject portion of Official Tax No. 5090278, as identified on the proffered Development and Landscaping Plan and by the metes and bounds description attached to this Application: The proposed development of the subject property shall be in substantial conformity with the Development and Landscaping Plan, dated November 25, 2008, prepared by Lumsden Associates, P.C., subject to any changes required by the City as part of its Comprehensive Development Plan review process. 16396/1/2870663vl EXHIBIT 4 DEVELOPMENT AND LANDSCAPING PLAN AND METES AND BOUNDS DESCRIPTIONS 16396/1/2877183vl VIIDII ...... .. .ua ':lNJ 'ZIONYOlI 40 Aa9llnS , 3IlYO iIAa ....- tlNl9S0IQ ~O' tMlOS AII3tllllI8 , atIY:l iIAa NOISNVdX3 eNJ)lYVd \. \ ffi I I I " lil a a I g i \ ~ <<11111 ~ \ ',Ill '.i ~IIIIII' \ u.1.. !sl"~""" ~/\~: J __ \;:._,,__ \ l ~ i 11111 I 'x//. \ '-----------.. ------":-_<;->-~-" ,i ... _\--" ~\ ~ I 0 0 A.s-&.~_ /' \ f~[ t~~ 0 '\ l ~ I U "W~~ '" ~ , 0 ~ ~~:~~JMY;I_J lIrr'"llKl'~ NV1d .1N3WdO"SA30 1 3dYOSCINV1 YINIDlIJA ':inIOHVOlI SlI:lNN'/'JcI-SlIl19WiI3IIlllIC:I 'J'd 'S3.Lv~ N3aswm lafIt:W,n ~ lb. "12" ~I~IG a:!i:lQ 1'1 .-----------.- .-- ---.- _--T'"' -.--- , -----.....-- . --' \ \ . \. \ \ \ ( \ . \ \ \ \ . \ /' V' u~~ "Ii' Ii ! ,/ ,/ ,/' ./' ./' ,/' ,// .,/' - . B ~ ~ ~ : l<i ~ !; ~ . I 8 - ..:. i I ! ~ ~ ~<v 0':' q;: ,<v ~~ t;) t;)~ ~ ~o ~ ~q;: <vV ~ ~ l;l i " i i i .-1 U. ~ ~j I - I i I g i ~ I I II III I ! ~! It " II IlllVVlllIt ~ . I! ! ml!! a" lielllililiallt ~al ,I i:is;=~ :: I I I!;~ !'ii!iiliil;~! !, .!III illl'-.lliill' I i I - I JilJlllitm====,11 lilll !I~~I~ m 8 B I I I --~~ WILLIAMS PROPERTY METES AND BOUNDS DESCRIPTION OF PARCEL TO BE REZONED FROM R12 TO CN Being 6,545 square feet of land situated in the City of Roanoke, Virginia and being a portion of Roanoke City Tax Parcel 5090210 and more particularly described as follows: BEGINNING at Comer #5, as shown on the Revised Plat for SugarloafCrossing as recorded in Map Book 1, Page 1032 in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, said Comer #5 being the comer common to the northerly right-of- way line of W oodmar Drive, SW, Lot 4 of said Sugarloaf Crossing and the parcel herein described; thence N 13 0 19' 30" W, 240.96 feet along the line common to said Lot 4 and said parcel herein described to Comer #4, as shown on said Sugarloaf Crossing Map, thence along the line common to Lot 1, Block 1, Section 1, Hidden Valley Estates, (Plat Book 3, Page 196) and parcel herein described, N 820 26' 00" E, 29.21 feet to a point; thence a new line through Tax Parcel 5090210, property of William E. Williams, Jr. as recorded in Deed book 1747, Page 681, the following courses and distances; S 13027' 47" E, 100.67 feet, S 09018' 32" E, 58.17 feet, S 13022' 46' E, 59.01 feet, S 080 32' 35' E, 19.91 feet to a point on the northerly right-of-way line of Wood mar Drive, SW; thence with a line common to the right-of-way of Wood mar Drive, SW and said parcel herein described S 750 30' 00" W, 23.63 feet to the point of BEGINNING, containing an area of 6,545 square feet. ECS PROPERTY METES AND BOUNDS DESCRIPTION OF PARCEL TO BE REZONED FROM CN TO eN WITH CONDITIONS Being 13,455 square feet ofland situated in the City of Roanoke, Virginia and being a portion of Lot 4 as shown on the revised plat of Sugatloaf Crossing as recorded in Map Sook 1, Page 1032 in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia and also being a portion of Roanoke City Tax Parcel #5090278 and more particularly described as foHows: BEGINNING at Corner #5, as shown on the aforesaid revised platfo!" SugarloafCrossing, said CornerS, being the corner commontothe northerly right-of-way'lirte of Wood mar Drive, 8W, property ' of William E. Williarns, Jr., as recorded in peed Book 1747; Page 681 (Roanoke City Tax Parcel 5090210) and Lot 4 of said SugarloafCrossing; thence 875030' 00" W, 50,01 feet to a point, saidpoint being the comer common to said Lot4 andLot 30fSugarloafCrossing; thence leaving the northerly right-of-way liIie of Wood mar Drive and along the line common to said Lot 4 and said LotJ,thefollowing courses mid distances, N 130 19' 30" W, 153.25 feet to a point; S 760 40' 30" W, 42.00 feet to a point; thence along a curve to the right whose radius is 112.50 feet,length equals 16.51 feet, delta equals 080 24' 28", a chord bearing and distance S 80052' 44" W, 16.49 feet to a point, said poiIit being the comer common to said Lot 3, said Lot 4 and Lot 2 of SugarloafCrossing; thence with a line common to Lot 4 and Lot 2 of Sugarloaf Crossing, N 070 34' 00" W, 52.00 feet toa point; thence with twonew'ljnes through Lot 4 of said Sugarloaf Crossirtgthe following bearings and distances, N 820 26' 00" E,85.00 feetto a point; N 07034' OO"W, 45.96 feet toa point; thence along the line common to said Lot4ofSugarloafCrossing and Lot 1, Block 1, Section 1, Hidden Valley Estates, as recorded in Plat Book J, Page 196, N 820 26' 00" E, 14.12 feet to Corner #4 of said SugarloafCrossing; thence along the line common to said Lot 4 and said Williafils property, S 130 19' 30" E, 240.96 feetto the point of BEGINNING, containhlg an area of 13,455 square feet. EXHIBIT 5 COPY OF PREVIOUSLY ADOPTED ORDINANCE The proposed rezoning does not amend proffered conditions, a planned unit development or a comprehensive sign overlay. Therefore, the requirement of a copy of the previously adopted ordinance is not applicable. 16396/1/2870665vl EXHIBIT 6 LOCATION MAP A location map identifying the properties to be rezoned is attached. The specific identification of the portions of Official Tax Map Nos. 5090210 and 5090278 to be rezoned is set out on the Development and Landscaping Plan (Exhibit 4) and the attached metes and bounds descriptions. 1 6396/1/2870669v 1 a, .'lIO :i-'. ~ ! ,;. ! .'t' ... 'j " llQ900 ~<; P'" ... '" ~~ " ",0 'r:oL~ '" ,.0 '':)'0 s:~'O OJ p'" '" lI' 0'" ,~ LOllOO~<; '0 '0 ~~ b ,"0 rot:3 -4 ~m ... g. L~ : (1 d ,0' g~ ~ I N ol,a 0 '0 9'(91 !:'l ... '" 8 ~ OJ Ol ;., 0 0 '" '" 0 ~ '0 ;., ~ ('Le;1 ~ ~ C(,)i . C~~<;. /' ",'" "" '- "'" /c;~", '" '- '- /.....s.s)- '- '- -- - '" ,;; -...- -- -- ,,/'" ",/ '- ------- /' '" '-'" / /' // ::f i:o '" o '" ~ VI '!! i:o" - '-~-~ f1:< _7 .,.~c~ g '" o '" :;:: 0' ,f' ~ '0 g b ell III Ll.<;oO~<; '0 G) ~ i'1 ~ o o o l..<;.,t .':)'O.,e;'O 91.e;OO~<; III lI' '0 O' II> ~ tll VI '0 .." II> I" o III lI' '0 c.6"1. '':)'0 g<;.0 <;1.<;00~<; ~ 0'9t~ 9'Q<;1. c'9n ... II> ~ ~ &l~ 91<;OO~C; 145.1 -" ... ~ ~ He;Omc; t. VI ~ b '':)'0 gOt'O lrl.<;OO~<; '.\\ ,f'" ,I 9'O~~ )> < t"T'\ Z C rr1 '" ... b ~ I ('/;c;om9 " ~ 't i-- \ ; ~.O\'\ . ' . <l'J o on '\ ~ "'rr-, 9~<;OO~9 , ' ,/;l90019 ~ ~! l'l . 0' 'i-- I \ ~~ tit :l> -l>\ ~ 'D\ o o b v..,vr 6190019 ... I" Ol 0.0(1 ['9.,1 O(.c;oo~9 C'Ot r~ lI' '" "98;0 9'C91 ~168,8 ,- l'COI 9'901 II> '" '" !" 8 '" ..., 0 u 0; I" o !:'l ~ ~ ~ Ul !:'l o ~ :;: !" ,^ EXHIBIT 7 ADJOINING PROPERTY OWNERS' LIST NAME ADDRESS OFFICIAL TAX NO. Southwest Improvements, LLC P. O. Box 528 5090207 Columbia, S.C. 29202 ECS Properties, LLC 1960 Electric Road, S.W. 5090208 Roanoke, V A 24018 Tanaglia, J. Gregory, 1940 Electric Road, S.W. 5090277 Trustee Roanoke, V A 24018 Zayas, Angel R., Jr. 4929 Woodmar Drive, S.W. 5090211 and Karen H. Roanoke, V A 24018 Ewing, Edwin J. 5024 Gatewood Ave., S.W. 5100805 and Jane M. Roanoke, V A 24018 Nakajima, Atsuhiko 5032 Gatewood Ave., S.W. 5100806 and Jo-Zette A. Roanoke, V A 24018 Lambert, David E. 5040 Gatewood Ave., S.W. 5100807 and and Linda M. Roanoke, V A 24018 5100808 I 6396/1/2870693v I .r EXHIBIT 8 TRAFFIC IMPACT ANALYSIS/STUDY A Traffic Impact Analysis is not required by VDOT. A Traffic Impact Analysis is not required by the City as the proposed rezoning will not generate an increase in traffic. I 6396/1/2870697v 1 The Roanoke Times Roanoke, Virginia Aff,io.'av.d,t. Qf publication ." ..' (, Ii... ':"' ,:1.. :...f) " '1: The Roanoke Times WILBURN C. DIBLING, POBOX 40013 GENTRY LOCKE RAKES ROANOKE VA 24022 ESQUIR - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - -- -- ~--~- ......-..-'--- -_.~-- ii d e y ,t 6 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I FILED ON: 01/12/09 I : (11235922) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ~ - - - - - - - - - - - - - + - - - - - - -11\:- -- JR. & REFERENCE: 80165837 11235922 willi NPH-William E. State of Virginia City of Roanoke I, (the .unders igned) an authori zed representa t i ve of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this __l~~ay of Jan 2009. Witness my hand and official seal. _~~<l:~ ~~_ Notary Public My co~~i~~i~exp~~~_______LQ~~~lL. PUBLISHED ON: 01/05 \\\11'"'''' ,\\\ ..J A I A '1, ,'_\0' """"'11_', ...' ~-..."..... r 1?. ;,. .:-'C:)<<::.....NOTARy.....~ '"..:;. .:- : PUBLIC '. V' -:. .. . : * : REG. #7090930 ~ * ~ : : MY COMMISSION : -:. C"' '. ft}'~E,: "'l:" .. ~o. '1':--'::: -:,~'. ' .'~" ...... ~/'I"" .' ()..\:} ,," ..., V,tJ//A. .,....' "~\.,, ,'" "" Y/"fA I H\ CJ~ ", Jlif:;.~Ul\\\\\\ 01/12 TOTAL COST: 505.44 . NOTICE OF PUBLIC HEARING The Council of the City at Roanoke will hold a public hearing on Thursday. January 'g 22. 2009, at 7:00 p.m., 0', :t as soon thereafter as the d matter may be heard, in the . Council Chamber, fourtt ~ floor, in the Noel C. Taylol Municipal Building, 21< I Church Avenue, S.W. , Roanoke, Virginia, te consider the following: Request from William E Will.iams, Jr., and ECl, Properties, LLC, representer by Wilburn C. Dibling, Jr. Esquire, that an appro~imat' 30 foot wide Stllp 0 approximately 6,545 squar; feet on the west side o. property bearing Official Tal" No. 5090210, located al'1 4935 Woodmar Drive, S'W"'l and zoned R,12, Residential I Single Family District, and a 13,455 square foot portion of property located on the easterly side of the'tract bearing Official Tax No. 5090278, located at 1950 Electric Road, S.W., currently zoned CN, Commercial Neighborhood District, be , rezoned to CN, Commercial i Neighborhood District, ; subject to the following i;, condition: that the proposed development of the subject property' shall. b~ in substantial conformIty with a de vel 0 p men tan d ", landscaping plan dated ,1-.'" November 25, 2008. The , purpose of the rezoning is to allow for the construction of I a landscaped buffer, pa~king improvements and eXIt as shown on such development and landscaping plan. A copy of the application is available for review in the Office of the City Clerk, Room 456, NoelC. Taylor Municipal Building, 215 . Church Avenue, S.W., Roanoke, Virginia, All parties in'interest and, citizens may appear on thel above date and be heard on' the mattei. If you are a person with a disability who- I needs accommodations for this hearing, please contact the City Clerk's Office, at' : 863,2541, before noon on- 'theJhursday before the date of the hearing listed above. GIVEN under my hand this: 29th day, of December, 2008. , ,.' Stephanie M. Moon, CMC City Clerk. Billing Services Representative ~ )),1. NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will hold a public hearing on Thursday, January 22, 2009, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, fourth floor, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia, to consider the following: Request from William E. Williams, Jr., and ECS Properties, LLC, represented by Wilburn C. Dibling, Jr., Esquire, that an approximate 30 foot wide strip of approximately 6,545 square feet on the west side of property bearing Official Tax No. 5090210, located at 4935 Woodmar Drive, S.W., and zoned R-12, Residential Single Family District, and a 13,455 square foot portion of property located on the easterly side of the tract bearing Official Tax No. 5090278, located at 1950 Electric Road, S.W., currently zoned CN, Commercial Neighborhood District, be rezoned to CN, Commercial Neighborhood District, subject to the following condition: that the proposed development ofthe subject property shall be in substantial conformity with a development and landscaping plan dated November 25,2008. The purpose of the rezoning is to allow for the construction of a landscaped buffer, parking improvements and exit as shown on such development and landscaping plan. A copy ofthe application is available for review in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at 853-2541, before noon on the Thursday before the date ofthe hearing listed above. GIVEN under my hand this --2.9J:1flay of np(,PJJlbH ,20oa. Stephanie M. Moon, CMC City Clerk. i. . William Williams-rezone with prafTers,doc Notice to Publisher: Publish in the Roanoke Times on Monday, January 5,2009, and Monday, January 12, 2009. Send affidavit to: Stephanie M. Moon, CMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853-2541 William Williams-rezone with proffers,doc Send Bill to: Wilburn C. Dibling, Jr. Gentry Locke Rakes & Moore P.O. Box 40013 Roanoke, Virginia 24022 (540) 983-9370 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk January 6, 2009 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6,1981, or other instructions by the Council, the following matters have been advertised for public hearing on Thursday, January 22 at 7:00 p.m., in the City Council Chamber: 1) Request of William E. Williams, Jr., and ECS Properties, LLC, that an approximate 30-foot wide strip of approximately 6,545 square feet on the west side of property located at 4935 Woodmar Drive, S. W., zoned R-12, Residential Single Family District; and a 13,455 square foot portion of property located on the easterly side of the tract located at 1950 Electric Road, S. W., currently zoned CN, Commercial Neighborhood District, be rezoned to CN, Commercial Neighborhood District, subject to certain proffered conditions. 2) Request of Roanoke Electric Steel Corporation, t/a Steel Dynamics Roanoke Bar Division and Virginia Housing Development Authority, c/o Habitat America LLC,. that a portion of property located on Shenandoah Avenue, N. W., be rezoned from CG, Commercial General District, to RMF, Residential Multifamily District; a portion of property located on Westside Boulevard, N. W., be rezoned from RMF, Residential Multifamily District, to R-5, Residential Single Family District; and two portions of property located on Wests ide Boulevard, N. W., be rezoned from R-5, Residential Single Family District, to RMF, Residential Multifamily District, for uses permitted in the respective zoning districts, as set forth on Sheets P-1 and 4. of the plan entitled, Parking Reconfigurations West Creek Manor Apartments dated November 25,2008. The Honorable Mayor and Members of the Roanoke City Council January 6, 2009 Page 2 3) Request of Lorrd Ganeshji, .Inc., that property located at 1917 Franklin Road, S.W., be rezoned from MX, Mixed Use District, to CG, Commercial General District, subject to certain proffered conditions. 4) Request of the City of Roanoke and Anstey Hodge Advertising Group that property located at 120 Commonwealth Avenue, N. E., be rezoned from RM~ 1 Residential Mixed Density District, to 0, Downtown District, subject to certain proffered conditions. Please let me know if you would like to receive copy of the City Planning Commission reports pertaining to Items 1-4. Since.rely, ~ Stephanie M. Moon, CMC City Clerk SMM:ew pc: Darlene L. Burcham, City Manager Ann H. Shawver, Director of Finance William iVl. Hackworth, City Attorney Susan S. Lower, Director, Real Estate Valuation Steven J. Talevi, Assistant City Attorney Martha P. Franklin, Secretary, City Planning Commission, CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: .(540) 853-1145 E-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk December 29, 2008 CECELlA T. WEBB Assistant Deputy City Clerk Wilburn C. Dibling, Jr.; Attorney Gentry Locke Rakes & Moore P. O. Box 40013 Roanoke, Virginia 24022 Dear Mr. Dibling: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Thursday, January 22, 2009, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on the requestfrom William E. Williams, Jr., and ECS Properties, LLC, that an approximate 30-foot wide strip of approximately 6,545 square feet on the west side of property located at 4935 Wood mar Drive, S. W., and zoned R-12, Residential Single Family District; and a 13,455 square foot portion of property located on the easterly side of the tract located at 1950 Electric Road, S. W., c!Jrrently zoned CN, Commercial Neighborhood District, be rezoned to CN, Commercial Neighborhood District, subject to certain proffered conditions. 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. Wilburn C. Dibling, Jr., Attorney December 29, 2008 Page 2 It will be necessary for you, or your representative, to be present at the January 22nd public hearing. Failure to appear could result in a deferral of the matter until a later date. SMM:ew Enclosu re Sincerely, ~ Y0. '/Ja,v Stephanie M. Moon, CMe City Clerk STEPHANIE M. MOON, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-II45 E-mail: cIerk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk December 29, 2008 SW Improvements, LLC J. Gregory Tanaglia, Trustee Mr. Angel R. Zayas, Jr. and Ms. Karen Zayas Ladies and Gentlemen: Mr. and Mrs. Edwin Ewing Mr. and Mrs. Atsuhiko Nakajima Mr. and Mrs. David Lambert Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6,1981, I have advertised a public hearing for Thursday, January 22, 2009, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 21 5 Church Avenue, S. W.,on the request from William E. Williams, Jr., and ECS Properties, LLC, that an approximate 30-foot wide strip of approximately 6,545 square feet on the west side of property located at 4935 Woodmar Drive, S. W., and zoned R-12, Residential Single Family District; and a 13,455 square foot portion of property located on the easterly side of the tract located at 1950 Electric Road, S. W., currently zoned CN, Commercial Neighborhood District, be rezoned to CN, Commercial Neighborhood District, subject to certain proffered conditions. 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 Development at 540-853-1 730. Adjoining Property Owners December 29, 2009 Page 2 If you would like to receive a copy of the report of the City Planning Commission, please call the City Clerk's Office at 540-853-2541. Sincerely, , . m ~chv Stephanie M. Moon, CMC / City Clerk SMM:ew pc: Bob Caudle, President, Greater Deyerle Neighborhood Association, 4231 Belford Street, S. W., Roanoke, Virginia 24018 AFFIDAVIT PERTAINING TO THE REZONING REQUEST OF: .. " ESC Properties, LLC, and William E. Williams, Jr., at 4935 Woodmar Drive S.W., and 1950 Electric Road, S.W., from R-12 to CN, with conditions. ) )AFFIDAVIT ) COMMONWEALTH OF VIRGINIA ) ) TO- WIT: ) CITY OF ROANOKE The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 24th day of November, 2008, notices of a public hearing to be held on the 18th day of December, 2008, on the request captioned above to the owner or agent of the parcels as set out below: Tax No. Name Mailing Address 5090207 SW Improvements, LLC POBox 528 Columbia, SC 29202 5090208 Applicant 5090277 J. Gregory Tanaglia, Trustee 1940 Electric Road, SW Roanoke, VA 24018 5090211 Angel R. Zayas, Jr. Karen Zayas 4929 Woodmar Drive, SW Roanoke, VA 24018 5100805 Edwin and Jane Ewing 5024 Gatewood Avenue, SW Roanoke, VA 24018 5100806 Atsuhiko and Jo-Zerte Nakajima 5032 Gatewood Avenue, SW Roanoke, VA 24108 5100807 , 5100808 David and Linda Lambert 5040 Gatewood Avenue, SW Roanoke, VA 24018 Also Notified: Bob Caudle, GDNA ~Ae~, ?I~ Department of Planning, Building and Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Phone: (540) 853-1730 Fax: (540) 853-1230 Date: I November 25, 2008 I ~I""_~_"f_-I iB .w,"" ....3 ,'. '''=''''g!''O . ....., . .;. . .#; ., ... ". .. \';iliY~, in . ~~n.; ,. .., ": 1m;:;' 'm,~",;; Wi:: -.' - ''''''."'' ,,; ," .,E>>,-->,,,&~=. D Rezoning, Not Otherwise Listed [RJ Rezoning, Conditional D Rezoning to Planned Unit Development D Establishment of Comprehensive Sign Overlay District 1.~_~/1iI ,," " '., ~'. ....11", Submittal Number: IAmended Application No.1 D Amendment of Proffered Conditions D Amendment of Planned Unit Development Plan D Amendment of Comprehensive Sign Overlay District Address: 4935 Woodmar Drive, SW, Roanoke, VA 24018 (5090210) & 1950 Electric Rd.,SW, Roanoke, VA 24018 (5090278) Official Tax No(s).: 5090210 and 5090278 (metes and bounds descriptions attached) Existing Base Zoning: 15090210 _ R-12 and 5090278 - CN (If multiple zones, please manually enter all districts.) Ordinance No(s). for Existing Conditions (If applicable): I N/A Requested Zoning: ICN, Commercial-Neighborhoodl Proposed Land Use: Landscaped buffer & parking improvements 1 D With Conditions [RJ Without Conditions I Phone Number: E-Mail: I 77 4-9396 I I Name: I ECS Properties, LLC Address: 1196.O-Ere~ad, S.w. ../J . ~__ , t' ;.vj:-/~ ~ Applint's Signature: I Phone Number: I 772-7171 I E-Mail: Imblanchard@eyecaresurgery.com I I Phone Number: I Name: !Wilburn C. Dibling, Jr. Address: akes & Moore, P. O. Box 40013, Roanoke,VA 24022 983-9370 I I E-Mail: IWill_diblling@gentrylocke.com AMENDED APPLICATION NO.1 EXHIBIT 2 NARRA TIVE STATEMENT OF ECS PROPERTIES. LLC Summary of Application ECS Properties, LLC (ECS), a large ophthalmological practice located in the Sugar Loaf Crossing Office Park on Route 419, requests that an approximately 30 foot strip of adjoining property be rezoned from Residential Single Family (R-12) to Commercial-Neighborhood (CN(c)) and that a portion of one of ECS's lots (Official Tax Map No. 5090278) be rezoned from CN to CN(c) to permit the construction of2l badly needed parking spaces. ECS is the contract purchaser of the adjoining property of William E. Williams, Jr., located at 4935 Woodmar Drive, S. W., Official Tax Map Number 5090210 (the "Williams Property"). This Application is to rezone a 30 foot strip only on the west side of the Williams Property. Within the 30 foot strip and within a portion ofECS's lot to be rezoned, ECS would construct 21 parking spaces and a landscaped buffer as required by the City. The balance of the Williams Property, including the brick ranch home, would be retained in its current R -12 zoning without any change in use or appearance. This Application is accompanied by a proffered Development Plan, dated November 25, 2008, that includes the exact dimensions of the areas requested to be rezoned and the details of its development as well as metes and bounds descriptions of the areas to be rezoned. Justification for Chanl!e in Zoninl! The subjects of this rezoning are an approximately 30 foot strip on the west side of the Williams Property (5090210) which would be rezoned from R-12 to CN(c), and a portion ofECS's Lot 4 (5090278), which would be rezoned from CN to CN(c). ECS's Lot 3 is unaffected by this rezoning. On the rezoned portion of the Williams Property and on a portion of ECS 's Lot 4, ECS will construct the landscaped buffer, parking improvements and exit shown in detail on the proffered Development Plan (Exhibit 4). Sugar Loaf Crossing, Phase I ("Sugar Loaf Crossing"), consists of four lots. Lot lA-l is owned by Coots Ward Management Company (Coots Ward), a high traffic dental practice consisting of five dentists. ECS, the property arm of Eye Care and Surgery, a high volume ophthalmological practice consisting of three ophthalmologists and two 16396/1/2868783 v I optometrists, owns Lots 3 and 4. Lot 2 of Sugar Loaf Crossing is owned by Greg Tenalgia, a financial advisor. All parking in Sugar Loaf Crossing is subject to cross easements (parking rights are held in common). Currently, there is an extreme shortage of parking for patients of the dental practice and the ophthalmological practice. ECS meets a need for highly specialized ophthalmological care and serves patients from throughout Southwest Virginia. At its facilities in Sugar Loaf Crossing, ECS is performing office surgical procedures, including eyelid, tear system, glaucoma, and retina procedures, as well as routine ophthalmological care. Many of ECS' patients are elderly and require more convenient parking in proximity to the ECS offices. Also, a number of ECS patients are transported to and from the ECS offices by ambulance. The current parkipg configuration in Sugar Loaf Crossing creates difficulty for ambulances to maneuver in the tight parking area. ECS has a need for, office space for, and the desire to add a fourth ophthalmologist to its staff. The lack of parking for patients, however, is a deterrent to ECS' expansion of its practice at its City location. Intended Use of the Rezoned Property All the owners in Sugar Loaf Crossing support the plan to provide critically needed additional parking that will meet the needs of each property owner (ECS, the Coots Ward dental practice, and the financial advisor (Tenaglia)). The plan requires that an approximately 30 foot strip on the west side of the Williams Property be rezoned from R-12 to CN(c). Within the 30 foot strip requested to be rezoned and on a portion of ECS's Lot 4 (5090278), ECS would construct a landscaped buffer meeting all City requirements and 21 parking spaces. The Development Plan has been proffered (Exhibit 3), and the landscaped buffer and parking spaces would be constructed in substantial conformity with the Plan. The Development Plan proffered with the rezoning application shows a "right turn only" exit from Lot 4 of Sugar Loaf Crossing onto W oodmar Drive. This will allow vehicles to turn right out of Sugar Loaf Crossing and travel approximately 150 feet on W oodmar to reach Route 419. The "right turn only" exit is very important to ECS ambulance traffic. Currently, ambulances delivering and picking up patients on the east end of the ECS building are required to back up through the parking lot in order to turn around and then wind their way back through the parking lot in order to reach Route 419. If the rezoning is approved the rezoned portion of the Williams Property will be added to Lots 2 and 4 of Sugar Loaf Crossing. With the added area and adjusted lot lines, Lots 2 and 4 will meet all City zoning requirements for CN lots. 2 16396/1!2868783vl Effect of Proposed Rezonine: on Surroundine: Neie:hborhood ECS will acquire the entire Williams Property. No change will be made in the Williams Property except with respect to the 30 foot strip on the west side. The balance of the Williams Property will be retained in its R-12 zoning without any change in use or appearance and will comply with all City lot size and setback requirements. ECS does not desire to be a landlord. It is the intent of ECS that the dwelling and R-12 portion of the Williams Property remain as owner-occupied residential property. The minimal rezoning requested by ECS will not have any effect on the character of the Greater Deyerle Neighborhood. The additional parking will comply with City of Roanoke's Stormwater Management Ordinance requiring that land-disturbing activities maintain the same after-development runoff characteristics, as nearly as practicable, as the pre-development runoff characteristics in order to reduce flooding, siltation, stream bank erosion, and property damage associated with land-disturbing activities; among the other objectives defined in the Ordinance. These objectives and requirements will be met as a result of modifying the existing stormwater management facility or installing additional measures. The Applicant's engineer has determined that the existing storm drainage system on W oodmar is adequate and has capacity to handle any additional drainage contributed by this rezoning application. The exit from Sugar Loaf Crossing to Woodmar will not result in any additional traffic in the residential area. There will be no left turn out of Sugar Loaf Crossing, and the Development Plan shows an exit designed to prevent traffic from turning left on Woodmar. Furthermore, there will be no entrance to Sugar Loaf from Woodmar. The Development Plan shows appropriate signage to control traffic. The right turn only exit will not cause inconvenience to any resident. Availabilitv of Other Similarlv Zoned Properties in the General Area The property to the south of the Williams Property is zoned Commercial Large Site (CLS). The Sugar Loaf Crossing Property to the west of the Williams Property is zoned CN. To the north and east the zoning is R-12. The parking needs of the Sugar Loaf Crossing owners and their patients and clients must be met in close proximity to their buildings. There is no commercially zoned property in the area that would meet the parking needs of the medical and dental practices and other businesses located in Sugar Loaf Crossing. 3 I 6396/1/2868783v I Relationship of the Proposed Rezonine: to the City Comprehensive Plan and the Neie:hborhood Plan The City Comprehensive Plan (Vision 2001-2020) recognizes that the City of Roanoke is the hub of the larger regional economy and that the highest concentration of medical services is located in the City (page 52, Comprehensive Plan). Roanoke's economic base has transitioned from a predominately manufacturing economy to a modem service economy, and health care related activity accounts for one-third of the service industry (page 52, Comprehensive Plan). As stated in the Plan, one of the economic objectives of the region is to attract industries experiencing growth (page 52, Comprehensive Plan). The proposed rezoning will allow the expansion of Eye Care and Surgery at its current location in the City. With the additional parking, Eye Care and Surgery and the Coots Ward dental practice will continue to contribute to Roanoke's dominant position as the regional medical center of Southwest Virginia. An action proposed by the Comprehensive Plan is to encourage maximum use of commercial sites by addressing parking requirements and landscaping to facilitate development of commercial businesses in centers rather than strip developments. See ED, A27, page 61, Comprehensive Plan. Sugar Loaf Crossing is a compact, CN zoned, office center rather than the discouraged type of strip development. The proposed rezoning would encourage maximum use of the CN zoned Sugar Loaf Crossing property and provide for the continued vitality of the medical practices and businesses in this high quality office park. Sugar Loaf Crossing is located on the Route 419 edge of the Greater Deyerle Neighborhood, and the proposed rezoning of the 30 foot strip is consistent with the Greater Deyerle Neighborhood Plan. The Greater Deyerle Neighborhood is one of the City's outstanding neighborhoods, and the proposed rezoning of the 30 foot strip will not affect the overall character of the neighborhood. One of the high priority initiatives of the Greater Deyerle Neighborhood Plan is to maintain existing general land use patterns. The proposed rezoning accommodates this neighborhood priority by meeting the pressing needs of adjoining CN zoned property without the loss of a single residence and without any change in the character or appearance of the neighborhood. In keeping with the residential development policies of the Plan, the parking improvements in Sugar Loaf Crossing will be well planned and use limited land resources wisely (page 48, Greater Deyerle Plan). Finally, the minimal rezoning requested by ECS will not result in any additional traffic in any residential area of Greater Deyerle. WCDjrlbd/wgb 4 I 6396/1/2868783vl EXHIBIT 3 PROFFERED CONDITIONS The Applicants request that the following proffer be adopted as it pertains to the subject portion of Official Tax No. 5090210 and the subject portion of Official Tax No. 5090278, as identified on the proffered Development Plan and by the metes and bounds description attached to this Application: The proposed development of the subject property shall be in substantial conformity with the Development Plan, dated November 25, 2008, prepared by Lumsden Associates, P.C., subject to any changes required by the City as part of its Comprehensive Development Plan review process. I 6396/1/2870663v I I 6396/1/28771 83v I EXHIBIT 4 DEVELOPMENT PLAN AND METES AND BOUNDS DESCRIPTIONS ...(n:~I"I<JSWil".!)ll\" 11\....j >n','-':.<UH>Wj 'Itt t.:~ ill.>. 1"+l)I!4 VIIDIIA 'W&lV8 oM) AJJO 'ONI '3)lQNVOIl ~ A3e1lllS , 31lVO 3A3 """ .......... aNISSOIlO .:IV01 Ilvans AIl3eIlllS , 31lVO 3A3 NOISNVdX3 E>NI>ll::lVd \. '0 \ \. YfNlDHIA '3lIONYOH SlI3NNY1c1-Sl1OA3A1IllSCSlIllNIDN3 'J'd 'S3.LVlJOSSV N30SWf11 NVld l.N3Wd013A30 mil '" 'I "Ill "...... ~ ~l: ~m~ w J~, ~ '~." ~~~~~ S.~~~ (J -.-.---.-----.--. 'g i~,:,6 ;i~~~ .~,,~ ------ ..-r --..-- -..-" \ \ \.. \ \ J / / / / ~J is;~8 -L.. 2i~;'- ~; ....0, ". ,,0 00 ~ ,,0 ,," "" ..s,\ "" ,,0 ~O ~ ,,~ 0(; 0'v ~ iii r . \ \ , \ . \ \ \ / \,/ ,/ ./ ,/' ,/' ,/' ,/' // ../' I I ~ !~ ! b ~ ~~~,~'; I:! m, k j ~ai if i!;5i~. II e i! ~ '!III. IUh!~ijl!;; I ! I' ~ !tHS"'! o-~ '.1 I Uh 'ud ,'. ~iU~11 I 0( i"" re u el',u~ " ! "" i! ; ~ .i~~lliif!agaill~ li,~,~ !~.i...i ~ il nll~~ II' 11.1i! I~I~R~ ala' I~; ~ ~. h~m:; !I n t ~ii at "IO....lald"e~o : ~ ~ ~: t l(l :.... 00 . j i - , ~ I ~ ~YQ '* ~z B ~ " i . . ~ ~. .-J ~ I~ P !'2 ~F ~ . - l " i I ~ i 8 55 Ii II e~ oarJ ~I Ei ~, ~M ~ "! ; 'I" ~ ~ I ~ :r.1 I.PIOI,,"f~O\""\I..ltO\LOOe\dUO..jP\'" METES AND BOUNDS DESCRIPTION OF PARCEL TO BE REZONED FROM R12 TO CN Being 6,545 square feet ofland situated in the City of Roanoke, Virginia and being a portion of Roanoke City Tax Parcel 5090210 and more particularly described as follows: BEGINNING at Comer #5, as shown on the Revised Plat for Sugarloaf Crossing as recorded in Map Book 1, Page 1032 in the Clerk's Office ofthe Circuit Court ofthe City of Roanoke, Virginia, said Comer #5 being the comer common to the northerly right-of- way line of Wood mar Drive, SW, Lot 4 of said SugarloafCrossing and the parcel herein described; thence N 130 19' 30" W, 240.96 feet along the line common to said Lot 4 and said parcel herein described to Comer #4, as shown on said Sugarloaf Crossing Map, thence along the line common to Lot 1, Block 1, Section 1, Hidden Valley Estates, (Plat Book 3, Page 196) and parcel herein described, N 820 26' 00" E, 29.21 feet to a point; thence a new line through Tax Parcel 5090210, property of William E. Williams, Jr. as recorded in Deed book 1747, Page 681, the following courses and distances; S 13 0 27' 47" E, 100.67 feet, S 090 18' 32" E, 58.17 feet, S 13022' 46' E, 59.01 feet, S 080 32' 35' E, 19.91 feetto a point on the northerly right-of-way line of Wood mar Drive, SW; thence with a line common to the right-of-way of Wood mar Drive, SW and said parcel herein described S 750 30' 00" W, 23.63 feet to the point of BEGINNING, containing an area of 6,545 square feet. METES AND BOUNDS DESCRIPTION OF PARCEL TO BE REZONED FROM CN TO CN WITH CONDITIONS Being 13,455 square feet ofland situated in the City of Roanoke, Virginia and being a portion of Lot 4 as shown on the revised plat of SugatJoaf Crossing as recorded in Map Book 1, Page 1032 in the Clerk's Office ofthe Circuit Court of the City of Roanoke, Virginia and also being a portion ofRoalloke City Tax Parcel #5090278 and more particularly described as follows: BEGINNING at Corner #5, as shown on the aforesaid revised plat for Sugarloaf Crossing, said Corner 5, being the corner common to the northerly right-of-way line of Wood mar Drive, SW, property of William E. Williams, Jr., as recorded in Deed Book 1747, Page 681 (Roanoke City Tax Parcel 5090210) and Lot 4 of said SugarloafCrossing; thence S 75030' 00" W, 50.01 feet to a point, said point being the corner common to said Lot 4 and Lot 3 of Sugarloaf Crossing; thence leaving the northerly right-of-way line of Woodmar Drive and along the line common to said Lot 4 and said Lot 3, the following courses and distances, N 130 19' 30" W, 153.25 feet to a point; S 76040' 30" W, 42.00 feet to a point; thence along a curve to the right whose radius is 112.50 feet,Iength equals 16.51 feet, delta equals 080 24' 28", a chord bearing and distance S 800 52' 44" W; 16.49 feet to a point, said point being the corner common to said Lot 3, said Lot 4 and Lot 2 of SugarloafCrossing; thence with a line common to Lot 4 and Lot 2 of Sugarloaf Crossing, N 070 34' 00;' W, 52.00 feet toa point; thence with two new lines through Lot 4 of said SugarloafCrossing the following beatings and distances, N 820 26' 00" E, 85.00 feet to a point; N 07034' 00" W, 45.96 feet to a point; thence along the line common to said Lot 4 of SugarloafCrossing and Lot 1, Block I, Section I, Hidden Valley Estates, as recorded in Plat Book 3; Page 196, N 820 26' 00" E; 14.12 feet to Corner #4 of said SugarloafCrossing; thence along the line common to said Lot 4 and said Williafils property, S 130 19' 30" E, 240.96 feet to the point of BEGINNING, containitlg an area of 13,455 square feet. EXHIBIT 5 COPY OF PREVIOUSLY ADOPTED ORDINANCE The proposed rezoning does not amend proffered conditions, a planned unit development or a comprehensive sign overlay. Therefore, the requirement of a copy of the previously adopted ordinance is not applicable. I 6396/1/2870665v I EXHIBIT 6 LOCATION MAP A location map identifying the properties to be rezoned is attached. The specific identification of the portions of Official Tax Map Nos. 5090210 and 5090278 to be rezoned is set out on the Development Plan (Exhibit 4) and the attached metes and bounds descriptions. 16396/1/2870669v 1 ~-~_. \';; "",," /,,",0 ~ ":\i \~; \ 'i\~\ -.1,0 \ \~ \~:~\~ f'~, ~---_._- , 0.0- ~ o ~ 1~.O ~"! , , "i' 80.0 .('8(' \-- if) i 0 o 105.5 0 ~0'00l" 3 OC o Z lAQ.} 5100~20 \~~;L- ." ~l()O!)"" ~ ]~',,' . ' '~ -" \~ " .pj;,::>}~ 16.:);; ~: ,,!~.~' ' ~.1t,.111!, !~1" i: t'. -.."!~~ rIf ( , _~ \...J S u' g' ~,', \,I.;" ~t::~' ;/ .', / . . ~;J:,0:, ~ / ~:)li'./~ /// // ~ ~ :.// ~~ !!' . \\ \; '. \ , \~ '~\\\~ ,.~\ , \ ' \A\ // \"'" / \:~ // ~i;. , / ,<' _._:t~/' \ \ -- -69.5 & "-b8.0 5Hllf"~ ~,100"l\4 rIf " o g . o N ~ ~ rei' B.n n 8 ;;; 0 . ~ ;;; 1~~:3. ~ I ~ l ~~ m" z'" I "e. i ':''--~~w7. -",,- /',i ~ r",~>c- T 0'06 I .;> l zli'i ~ ~; ..... ~100:,'l1 __..l~U.... ~ " :i o lJJ~ ~ ::> z lJJ > <( ~ ~ :,~~.~_..- -' ?.... 51005'1') l!"?~~~_. LLJ,.~, ' .~.~~,y ....---" r.' ~,1 Uil~l)~ ~,oo"n '\ ,~1:'> - '" ,,,,,,,' <', g ~ ().!Jl}b />-( .. ,jSO _r'2k~--'--' .' r~;;'- 5,OO:)1U 5'OO~2';l o.~ ,..C 'l.~_'_'--"-- '5,00,:>2(, 0.54 ""C. ~~-_. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva,gov SHEILA N. HARTMAN, CMC Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk January 23, 2009 CECELIA T. WEBB Assistant Deputy City Clerk Maryellen F. Goodlatte, Attorney Glenn, Feldmann, Darby & Goodlatte P. O. Box 2887 Roanoke, Virginia 24001-2887 Dear Ms. Goodlatte: I am enclosing copy of Ordinance No. 38342-012209 rezoning a portion of property located on Shenandoah Avenue, N. W., Official Tax No. 2720701, from CG, Commercial General District, to RMF, Residential Multifamily District; a portion of property located on Westside Boulevard, N. W., Official Tax No. 2720113, from RMF, Residential Multifamily District, to R-5, Residential Single Family District; and two portions of property located on Westside Boulevard, N. W., Official Tax No. 2720114, from R-5, Residential Single Family District, to RMF, Residential Multifamily District, for uses permitted in the respective zoning districts as set forth in the Zoning Amended Application No.1 dated November 25,2008. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Thursday, January 22, 2009, and is in full force and effect upon its passage. Sincerely, ~ III. ~o-.J Stephanie M. Moon, CMC City Clerk SM M: ew Enclosu re Maryellen F. Goodlatte, Attorney January 23, 2009 Page 2 pc: Appalachian Power Company, c/o Real Estate Management, P. O. Box 2021, Roanoke, Virginia 24022 Food Lion, LLC, P. O. Box 1330, Salisbury, North Carolina 28145 Calvary Chapel of Roanoke, P. O. Box 20342, Roanoke, Virginia 24018 Mr. and Mrs. Rajeshbhair Patel, 3842 Shenandoah Avenue, N. W., Roanoke, Virginia 2401 7 Mr. Donald Bandy, P. O. Box 4143, Roanoke, Virginia 24015 Bank of New York Trust Company, 100 Virginia Drive, Fort Washington, Pennsylvania 19034 Ms. Joanne L. Yancey and Ms. Lucy Clements, 5614 Greenridge Road, N. W., Roanoke, Virginia 24019 Mr. and Mrs. Jordan Lowery, 3778 Norway Avenue, N. W.; Roanoke, Virginia 24017 Ms. Joyce V. Royer, 3772 Norway Avenue, N. W., Roanoke, Virginia 24017 Ms. Alice P. Reed, 212 Mulberry Street, N. W., Roanoke, Virginia 24017 Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, City Engineer Henry Scholz, Chair, City Planning Commission, Martha P. Franklin, Secretary, City Planning Commission Nancy C. Snodgrass, Zoning Administrator t<<\\ 7-' . \ ~ - ''({IV \V\\: \, IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd day of January, 2009. No. 38342-012209. AN ORDINANCE to amend 936.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain properties within the City, and dispensing with the second reading of this ordinance by title. WHEREAS, Roanoke Electric Steel Corporation, t/a Steel Dynamics Roanoke Bar Division and Virginia Housing Development Authority, c/o Habitat America, LLC, represented by Maryellen F. Goodlatte, attorney, has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have a portion of property bearing Official Tax No. 2720701, located on Shenandoah Avenue, N.W., rezoned from CG, Commercial General District, to RMF, Residential Multifamily District, a portion of property bearing Official Tax No. 2720113, located on Westside Boulevard, N.W., rezoned from RMF, Residential Multifamily District, to R-5, Residential Single Family District, and two portions of property bearing Official Tax No. 2720114, located on Westside Boulevard, N.W., rezoned from R-5, Residential Single Family District, to RMF, Residential Multifamily District, for uses permitted in the respective zoning districts. WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by 936.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; O-Roanoke Electric Steel-rezone ,doc 1 WHEREAS, a public hearing was held by City Council on such application at its meeting on January 22, 2009, after due and timely notice thereof as required by S36.2- 540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject properties, and for those reasons, is of the opinion that the hereinafter described properties should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (i979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that a portion of property bearing Official Tax No. 2720701, located on Shenandoah Avenue, N.W., be and is hereby.rezoned from CG, Commercial General District, to RMF, Residential Multifamily District, a portion of property bearing Official Tax No. 2720113, located on Westside Boulevard, N.W., be and is hereby rezoned from RMF, Residential Multifamily District, to R-5, Residential Single Family District, and two portions of property bearing Official Tax No. 2720114, located on Westside Boulevard, N.W., be and are hereby rezoned from R-5, Residential Single Family District, to RMF, Residential Multifamily District, for uses permitted in O-Roanoke Electric Steel-rezone ,doc 2 the respective zoning districts as set forth in the Zoning Amended Application No. 1 dated November 25, 2008. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: O-Roanoke Electric Steel-rezone .doc 3 Architectural Review Board Board of Zoning Appeals Planning Commission CITY OF ROANOKE PLANNING BUILDING & ECONOMIC DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning@roanokeva.gov January 22, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable Gwendolyn W. Mason, Council Member Honorable Alvin L. Nash, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: " Request from Roanoke Electric Steel Corporation, tla Steel Dynamics Roanoke Bar Division and Virginia Housing Development Authority, c/o Habitat America LLC, represented by Maryellen F. Goodlatte, Esquire, to rezone a portion of property bearing Official Tax No. 2720701, located on Shenandoah Avenue, N.W., from CG, Commercial General District, to RMF, Residential Multifamily District, to rezone a portion of property bearing Official Tax No. 2720113, located on Westside Boulevard, N.W., from RMF, Residential Multifamily District, to R-5, Residential Single Family District, and to rezone a portion of property bearing Official Tax No. 2720114, located on Westside Boulevard, N.W., from R-5, Residential Single Family District, to RMF, Residential Multifamily District, for uses permitted in the respective zoning districts. Such Portions of property are more specifically set out on Sheets P-1 and 4 of the plan entitled, Parking Reconfigurations West Creek Manor Apartments, dated November 25, 2008. Recommendation Planning Commission public hearing was held on Thursday, December 18, 2008. By a vote of 5-0 (Mr. Scholz absent and Mrs. Penn abstaining), the Commission recommended approval of the application finding the application to rezone the subject property to be consistent with the Zoning Ordinance, Vision 2001-2020, and the Peters Creek South Neighborhood Plan. Rezoning the subject properties will provide improved access and parking areas for West Creek Manor Apartments, as well as improving the overall condition of the complex. Members of City Council Page 2 January 22, 2009 Respectfully submitted, .~Uy Henry Scholz, Chairman City Planning Commission cc: Darlene L. Burcham, City Manager R. Brian Townsend, Assistant City Manager William M. Hackworth, City Attorney Applicant Members of City Council Page 3 January 22, 2009 Application Information Req uest: Rezoning Owner: Virginia House Development Authority & Roanoke Electric Steel Corporation Applicant: Maryellen F. Goodlatte City Staff Person: Maribeth B. Mills Site Address/Location: Shenandoah Avenue, N.W.; 102 Westside Blvd., N.W.; 105 Westside Blvd., N.W. Official Tax Nos.: Portion of TM. 2720701, 2720114, and 2720113 Site Area: 0.0963 Acres (TM. 2720701), 0.7785 Acres (TM. 2720114), and 0.7542 Acres (TM. 2720113) Existing Zoning: CG, Commercial General (TM. 2720701); R-5, Residential Single-Family (TM. 2720114); and RMF, Residential Multifamily (TM. 2720113) Proposed Zoning: R-5, Residential Single-Family (TM. 2720113) and RMF, Residential Multifamily (TM. 2720114 and 2720701) Existing Land Use: Vacant and Surface Parking Lot Proposed Land Use: Vacant and Surface Parking Lot NeiQhborhood Plan: Peters Creek South Neighborhood Plan Specified Future Land Use: Single-Family Residential & Multifamily Residential Filing Date: Original Application: November 6, 2008; Amended Application No.1: November 25, 2008 Background In 2004, the Virginia Housing Development Authority (VHDA) purchased West Creek Manor Apartments and began a large scale renovation of the 1971 complex. As part of the renovation, parking locations need to be adjusted for better access and safety. The applicant is requesting to rezone a portion of three separate parcels, one owned by VHDA and two owned by Roanoke Electric Steel (Steel Dynamics), as follows: 1. Rezone a 0.754 acre portion of Official Tax Map No. 2720113 (VHDA parcel) from RMF District to R-5 District and combine with Official Tax No. 2720114 (Steel Dynamics). This portion currently contains 92 parking spaces. A 0.31 acre portion of this parking area would be demolished and reseeded, with the remaining 0.32 acre portion of the parking area to remain for future use by Steel Dynamics. Steel Dynamics does not have any immediate plans for this area. 2. Rezone a 0.6514 acre portion of Official Tax Map No. 2720114 (Steel Dynamics) from R-5 District to RMF District and combine with Official Tax No. 2720113 (VHDA). A total of 14 parking spaces would be removed and replaced by a total of 63 parking spaces. 3. Rezone a 0.1271 acre portion of Official Tax Map No. 2720114 (Steel Dynamics) from R-5 District to RMF District and combine with Official Tax Members of City Council Page 4 January 22, 2009 No. 2720112. Parking area and a dumpster associated with the multifamily house on Official Tax No. 2720112 is located on this property. 4. Rezone a 0.0963 acre portion of Official Tax Map No. 2720701 (Steel Dynamics) from CG District to RMF District and combine with Official Tax No. 2720801 (VHDA). A total of 8 new spaces, 4 of those being handicap accessible, would be created to accommodate Building 410 which is being converted to handicap accessible apartments. Considerations Surroundinq Zoninq and Land Use: Zoning District Land Use North CG, Commercial General and R-5, Vacant parcel and single- Residential Sinqle-Family family dwellings. South R-5, Residential Single-Family Vacant parcel. East R-5, Residential Single-Family Vacant parcel and single- family dwellings. West R-5, Residential Single-Family Vacant parcel. Compliance with the Zoninq Ordinance: No conditions are proffered, so the applicant would not be bound to the concept plans provided. Staff believes there is no compelling reason for a conditional rezoning as all portions will be zoned residentially. The portion of Official Tax No. 2720113 being conveyed to Steel Dynamics will require a rezoning if they wish to establish any use other than single-family residential or the basic utility distribution, which is currently located on the property. The proposed lot sizes, parking areas, recreational spaces, and impervious surface meet the minimum requirements set forth by the Zoning Ordinance. The number of parking spaces serving Official Tax No. 2720113 would be reduced from 106 spaces to 63 spaces, which would be within the minimum (60 spaces) and maximum (90 spaces) required for 40 multifamily dwelling units. The additional 8 spaces added to Official Tax No. 2720801 will bring the total number of spaces serving 56 units to 71 spaces. The minimum requirement is 84 spaces. Conformity with the Comprehensive Plan and Neiqhborhood Plan: West Creek Manor is the largest apartment complex in the Cherry Hill neighborhood with 25, three story buildings totaling 200 units. Prior to the VHDA's purchase of the property in 2004, this area was in need of upkeep. The poor condition of multifamily housing has been a concern of the entire Peters Creek South neighborhood as it is detrimental to the perception of the community. The VHDA is now in Phase IV of the five phase project that will Members of City Council Page 5 January 22, 2009 completely refurbish all units and site improvements on the property. Improved parking accommodations are part of this project. The following policies of the Peters Creek South Neighborhood Plan are relevant in the consideration of this application: . Residential Development Policies: o Encourage better stewardship of multifamily and vacant properties. City Department Comments: None. Public Comments: None. PlanninQ Commission Public HearinQ: The following question was posed by the Planning Commission during their December 18th public hearing: 1. Mr. Chrisman asked if current parking standards would be required for the parking lot upgrades. Staff responded that they would be required to meet current standards including landscaping requirements. Department of Planning, Building and Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.w. Roanoke, Virginia 24011 ~:~iJ~ij~Riffl[~JJg:Pngfi(~~,;!j Phone: (540) 853-1730 Fax: (540) 853-1230 Date: I )./ Q (/ e dI h f' y 2S~ 2.. 0 () ? Submittal Number: jAm ended Application No. 1 fIf'f.!Ttr1lfr'r1r~8TI'lITrr~1-'RS~-', "~~""~m-'f'~"'~~~~",""""~~~~~lIf"~~~_~'-'l!S!\"i^"'e ~ Rezoning, Not Otherwise Listed o Rezoning, Conditional o Rezoning to Planned Unit Development o Establishment of Comprehensive Sign Overlay District o Amendment of Proffered Conditions o Amendment of Planned Unit Development Plan o Amendment of Comprehensive Sign Overlay District ""'j,:.,~"q.~~V"l'-'o~c< ""~> L~l\,~ EL!!!,,J> ~L!)l :li.l !f:.i'L'::A1L~ Address: Shenandoah Ave., NW, Roanoke, VA 24017 AN 0 102 and 105 Wests ide Blvd., NW, Roanoke, VA 24017 Official Tax No(s).: Portions of 2720701,2720114, and 2720113 Existing Base Zoning: (If It' I I II t II d' t . t) CG (2720701), R-S (2720114), RMF (2720113) mu Ip e zones, pease manua y en er a IS nc s. Ordinance No(s}. for Existing Conditions (If applicable): I Requested Zoning: W~ gf ~~2'2Cll11 Proposed Land Use: Parking/Surface Lots for West Creek Manor Apartments o With Conditions o Without Conditions D;r.l":'f1"~jlil"l:"tirrgis\-" ff':'j,;:. '1"l~'i"~~t~~'t~~!\r,:~':.-;""~"7' -~J' '"';-;;"":r'J:l\:":Fm::-U.--:7:".rr>~t";;~~i~;':"':.7?i Name: ISEE AlTACHED SHEET I Phone Number: I E-Mail: I I I Address: Property Owner's Signature: ~';f.'lTr:.'f:'l"fl1n~~ d ; ;-rt\11nnnf.l1~rrti\tglt:f;~J;';f~~t't::j ~ "~f,.':fP:; ~..~""'f';'Q7.;?Jl""";""";:-""d"!T"v'-;;:-.~., :;r"l'i~-:-r.".r7-~"" -;;-"~X":y""-';'~~~;..- -;;~~:-:?:n~\-;:<'~~,","'<, Name: I Phone Number: I E-Mail: I I I Address: Applicant's Signature: ~ 0i1:t.t'T~f.arr.r~'ITf.'f~m:r~ff.rf,fr'fr: ~~-r"'~.3 "t~"'::-"""'"l~W'--';'~~":-ifT;'rf'7''!rr.;~;; ~"'~-~/;:;;?\?(~-ifrq':'''''::::~1fJ;~,'r"''':.'~;:('.Jf~ r,,~ . . Name: IMaryellen F. Goodlatte, Esq. I Phone Number: I + 1 (540) 224-8018 I E-Mail: ImgOOdlatte@gfdg.com I PROPERTY OWNER INFORMATION FOR ZONING AMENDMENT APPLICATION Property Owner Information For Tax Map Nos. 2720701 and 2720114 Name: Roanoke Electric Steel Corporation tla Steel Dynamics Roanoke Bar Division. Address: P. O. Box 12948, Roanoke, VA 24034 Phone Number: (540) 342-1831 E-Mail: ~crawforc.K..<!?r~~ce(,,~ Property Owner Information For Tax Map No. 2720113 Name: Virginia Housing Development Authority c/o Habitat America LLC Address: 175 Admiral Cochrane Drive, Suite 202, Annapolis, MD 21401 Phone Number: (443) 716-2550 E-Mail: m 1C:HAEZ.<Sn:>~~Ill@.;VI4DA..~ ~gnature 17~ f.::..U17-Iote, '2~ OFF! C612.- APPLICANT'S NARRATIVE In 2004 the Virginia Housing Development Authority ('YHDA") acquired the West Creek Manor Apartments, formerly known as the Brittany Apartments. Habitat America, LLC manages and operates West Creek Manor Apartments for VHDA. Since acquiring the apartments, VHDA, through Habitat America, has engaged in a systematic repair and updating of the apartment complex. A summary of the work which has been completed to date (Phases 1-3), currently underway (Phase 4), and planned for the future (Phase 5) is attached as Narrative Exhibit A. As part of the improvements to West Creek Manor Apartments, parking locations need to be adjusted. The VHDA and its neighbor, Roanoke Electric Steel Corporation, tla Steel Dynamics Roanoke Bar Division ("Steel Dynamics"), have agreed upon an exchange of real property which will allow VHDA to better serve the needs of West Creek Manor residents. Three parcels will be affected - two parcels which will be conveyed by Steel Dynamics to VHDA and one parcel which will be conveyed by VHDA to Steel Dynamics. In each instance the parcels adjoin property owned by the other party, so that boundary lines must be adjusted and the necessary plats will be prepared for approval by the City. Adjusting the boundary lines between these neighboring owners requires a rezoning of the parcels to be conveyed, so that each parcel matches the zoning of the parcels into which each will be incorporated. The one parcel to be conveyed by VHDA to Steel Dynamics is a 0.7542 acre tract hatched on the plat attached as Narrative Exhibit B and also hatched on the concept plan (P-4). That acreage, currently zoned RMF, is currently being used as a parking lot for West Creek Manor buildings 131, 125, 119, 113 and 105. This use will be relinquished, since parking for those buildings will be provided on a new interior parking lot more fully described below. This acreage being conveyed by VHDA will be added to tax map parcel #2720114 owned by Steel Dynamics, which is zoned R-5. We seek to rezone these 0.7542 acres from RMF to R-5 so that its zoning designation matches the zoning designation of Steel Dynamics' surrounding property to which it will be added. Steel Dynamics has no immediate plans for the 0.7542 acre tract but will incorporate that acreage into its future planning for the area. The concept plan shows that a portion of the asphalt parking area will be removed. The removal of that portion of the pavement will facilitate the redevelopment of the VHDA parcel. As shown on the concept plan, a portion of the existing pavement is not required to be removed for purposes of meeting water quality requirements for the redevelopment of the VHDA parcel. In order to preserve the potential reuse of that pavement, preserve an existing entrance onto Westside and reduce landfill material, a portion of the existing asphalt treated area will remain. Steel Dynamics will convey two parcels to VHDA. The first is a 0.7785 acre parcel cross-hatched on the plat attached as Narrative Exhibit B and also cross-hatched on the concept plan (P-4). As shown on the submitted concept plan, that interior parcel will be used for parking and will replace the parking lot now located on the 0.7542 acre parcel discussed above. This new parking area will provide a safer and more attractive parking area for West Creek Manor residents. A portion of this acreage (0.6514 acres) will be added to tax map parcel #2720113 owned by VHDA, which is zoned RMF. The balance of this acreage (0.1271 acres) will be added to tax map parcel #2720112 owned by VHDA, which is zoned RMF. Accordingly, we seek to rezone this 0.7785 acre parcel from R-5 to RMF in order to allow its use by West Creek Manor. The second parcel Steel Dynamics will convey to VHDA is a 0.0963 acre parcel, currently zoned CG. This parcel is cross-hatched on the concept plan (P-1). VHDA will use this small parcel in order to create eight (8) new parking spaces (four (4) of which will be handicapped accessible). Those new spaces will accommodate the parking needs for West Creek Manor building 410 which is being converted to handicapped accessible apartments. As shown on the concept plan, the existing boundary line between Steel Dynamics and VHDA will be vacated - with the 0.0963 acre parcel being added to tax map parcel #2720801 now owned by VHDA. Additions and Repairs to West Creek Manor Apartments 220-7 Westside Boulevard Roanoke, Virginia September 22, 2008 Arch itect: Hughes Associates Architects Construction Documents Contract Administration Year Built: 1974, formerly Brittany Apartments VHDA owned since 4/30/2004 Project Summary Repairs: Phase 1: Tax Map 2720112, Five Buildings (213-231), 3 stories, basements abandoned, 40 existing units. Includes replacement of damaged structural members, repairs to stairs and landings, replacement of exterior doors with fiberglass doors, replacement of all windows with fiberglass Energy Star units, all interior finishes, all interior doors and hardware, cabinets and countertop, light fixtures, plumbing fixtures, water heaters, heat pumps, furnaces and all kitchen appliances. Phase 2: Tax Map 2720801, Four Buildings (302-402), 3 stories, basements abandoned, 32 existing units. Includes replacement of damaged structural members, repairs to stairs and landings, replacement of exterior doors with fiberglass doors, all interior finishes, all interior doors and hardware, replacement of all windows with fiberglass Energy Star units, cabinets and countertop, light fixtures, plumbing fixtures, water heaters, heat pumps, furnaces and all kitchen appliances. Addition of weather overhang gable at building parking entrances. Phase 3: Tax Map 2720801 - 2720105, Five Buildings (208-234), 3 stories, basements abandoned, 39 existing units and rental office. Includes replacement of damaged structural members, repairs to stairs and landings, replacement of exterior doors with fiberglass doors, all interior finishes, all interior doors and hardware, replacement of all windows with fiberglass Energy Star units, cabinets and countertop, light fixtures, plumbing fixtures, water heaters, heat pumps, furnaces and all kitchen appliances. Addition of weather overhang gable at building parking entrances. Phase 4 (current phase): Tax Map 2720105, Five Buildings (114-202), 3 stories, basements abandoned, 40 existing units. Includes replacement of damaged structural members, repairs to stairs and landings, replacement of exterior doors with fiberglass doors, all interior finishes, all interior doors and hardware, replacement of all windows with fiberglass Energy Star units, cabinets and countertop, light fixtures, plumbing fixtures, water heaters, heat pumps, furnaces and all kitchen appliances. Phase 5 (future phase): Tax Map 2720113 Five Buildings (105-131), 3 stories, basements abandoned, 40 existing units. Exterior work will include expansion to existing parking lot at main entry side of building. Interior work includes replacement of damaged structural members, repairs to stairs and landings, replacement of exterior doors with fiberglass doors, all interior finishes, all interior doors and hardware, replacement of all windows with fiberglass Energy Star units, cabinets and countertop, light fixtures, plumbing fixtures, water heaters, heat pumps, furnaces and all kitchen appliances. Site improvements at all Phases: Replacement of non-compliant concrete sidewalk stairs Replacement of existing damaged and trip hazard walkways from apartment entries to street and parking lot walkways. Installation of new private walkways between apartments Installation of new mailboxes and mailbox shelter Installation of new code compliant wall pack and security lighting New Addition and Renovation: Renovation of existing Apartment Building 410 into new rental office, conference facilities, model apartment, and four handicap accessible units. Addition includes a formal entrance foyer to the rental office and full size elevator for office and residential unit accessibility. Related site work includes addition of accessible parking spaces to north side of building to increase parking proximity to the new addition. 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'-" 0::':::' >- lD o .... i o N ... " '- ~ ~ / / o ' I- f5 ..,~ i I'" Z 0 ,/ ~~~.., /' ..,>-<F ~~;!;~ I-~~C ZUol.&J .., ..,Z ~~F~ i:'jfil Z c....i<'" lAJt.ULaJ:=E"- ,,~zI.&J5 ~ ~m~ <ll!i5:J'" a:< ;i;;l ~~j!!IIll:l ffi<~~!i zj!!Sj:!"- <<oox ~><::;)~ ltiH~~ ~ Deed Description of the portion of property to be conveyed by Roanoke Electric Steel Corporation to Virginia Housing Development Authority in the creation of Tract III-A and Tract B. Beginning at comer 1, an existing iron pin situate on the easterly right-of-way line of Westside Blvd, N.W., on the property line between the property of Roanoke Electric Steel Corp. (D.B. 1430, Pg. 1010) and the property of Virginia Housing Development Authority (Instrument #040006886- Tract IV) as shown on plat prepared by Lumsden Associates, P.C., dated November 5, 2008 and recorded in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia in Map Book -' Page _; thence, leaving the Westside Blvd., N.E. along said property line the following 2 courses, N78034'30"E, 224.51' to comer 2, an existing chiseled "X" in a concrete curb; thence N 11025 '30"W, 143.72' to comer A, a set iron pin; thence with a new division line through the property of Roanoke Electric Steel Corp. the following 5 courses, N79030'14"E, 37.18' to comer B, an iron pin set; thence S 120 33' 35"E, 179.17' to comer C, an iron pin set; thence S84029'04"E, 72.48' to corner D, an iron pin set; thence S79023'13"E, 257.30' to comer E; thence S5034'40"W, 53.48' to comer 2lA, a point on the original boundary line between thee property of Roanoke Electric Steel Corp. (D.B. 1430, Pg. 1010) and Virginia Housing Development Authority (Instrument #040006886- Tract III); thence with said boundary line for the following 4 courses, N84015'30'W, 161.34' to comer 21, an existing iron pin; thence N5044'30"E, 30.00' to comer 20, thence N84015'30"W, 310.00' to comer 19; thence with a curve to the left having a radius of 442.55', a delta angle ofl4019'14", an arc length of 110.61', a tangent of 110.32' and a chord bearing and distance ofS88034'53"E, 110.32' to comer 18, an existing iron pin on the easterly right-of-way line of Wests ide Blvd., N.W.; thence with said right-of-way with a curve to the right having a radius of 435.89', a delta angle of2032'14", an arc length of 19.30', a tangent of9.65' and a chord bearing and distance ofN33039'12'W, 19.30' to comer 1, the Point of Beginning and containing 0.7785 acres (33,909 square feet). Deed Description of the portion of property to be conveyed by Virginia Housing Development Authority to Roanoke Electric Steel Corporation in the creation of Tract III-A and Tract B. Beginning at comer 24, an existing iron pin situate on the easterly right-of-way line of Westside Blvd, N.W., on the property line between the property of Roanoke Electric Steel Corp. (D.B. 1430, Pg. 1010) and the property of Virginia Housing Development Authority (Instrument #040006886- Tract ill) as shown on plat prepared by Lumsden Associates, P.C., dated November 5,2008 and recorded in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia in Map Book _, Page _; thence with the easterly right-of-way line of Wests ide Blvd., N.W. , N 47005'30"W, 108.37' to comer G, an iron pin set, thence, leaving the Westside Blvd., N.E. with a new division line through the property of Virginia Housing Development Authority for the following two courses, S 84028'39"E, 470.93' to comer F, a set iron pin; thence N5034'40"E, 77.73' to comer 21A, an iron pin set on the original boundary line between Virginia Housing Development Authority and Roanoke Electric Steel Corp.; thence with said boundary line the following 3 courses, S840 15' 30"E, 30.66' to comer 22, an existing iron pin; thence S5044'30"W, 145.00' to comer 23; thence N84015'30"W, 415.00' to comer 24, the Point of Beginning and containing 0.7542 acres (32,852 square feet). - Deed Description of the portion of property to be conveyed by Roanoke Electric Steel Corporation to Virginia Housing Development Authority to in the creation of Tract A and Tract I-A. Beginning at comer F, an existing iron pin on the westerly right-of-way line of Wests ide Blvd, N.W., on the boundary line between the property of Roanoke Electric Steel Corp. (D.E. 1462, Pg. 429) and the property of Virginia Housing Development Authority (Instrument #040006886- Tract I) as shown on plat prepared by Lumsden Associates, P.C., dated November 5,2008 and recorded in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia in Map Book _' Page _; thence leavingWestside Blvd., N.W. with original boundary line, S69013 'OO"W, 174.10' to comer E, an iron pin set, thence with a new division line through the property of Roanoke Electric Steel Corp. the following 4 courses, NI7029'41"W, 20.60' to comer D, an iron pin set; thence N72030' 19"E, 49.71' to comer C, an iron pin set; thence N17029' 41 'W, 11.96' to comer B, an iron pin set; thence N72030' 19"E, 124.01' to comer A, an iron pin set situate on the westerly right-of-way line of Wests ide Blvd.; thence with said right-of-way for the following 2 courses,S 17050'30"E, 18.72' to comer 2; thence S17010'30"E, 3.85' to comer F, the Point of Beginning and containing 0.0963 acres (4,196 square feet). e ADJOINING PROPERTY OWNERS Roanoke City Tax Parcel: 2720701 ROANOKE ELECTRIC STEEL CORP. TAX MAP NO. OWNERlS\ I ADDRESS ZONING 6010701 Roanoke Electric Steel Corp. R-5 P. O. Box 13948 Roanoke, Virainia 24038 6030107 Food Lion, LLC CLS(c) P, O. Box 1330 Salisbury, North Carolina 28145 2732301 City of Roanoke CLS(s) P. O. Box 4563 Roanoke, Virainia 24015 2732201 Calvary Chapel of Roanoke CG(c) P. O. Box 20342 Roanoke, Virainia 24018 2720603 Rajeshbhai & Purnima R. Patel CG 3842 Shenandoah Avenue, N.W. Roanoke, Virainia 24017 2720601 Donald W. Bandy R-5 P. O. Box 4143 Roanoke, Virainia 24015 2720309 Bank of New York Trust Company R-5 3726 View Avenue Roanoke, Virainia 24018 2720801 Virginia Housing Development Authority RMF P. O. Box 5127 Multi-Family Richmond, Virainia 23220 6021106 Roanoke Electric Steel Corp. R-5 P. O. Box 13948 Roanoke, Virainia 24038 ADJOINING PROPERTY OWNERS Roanoke City Tax Parcel: 2720113 VIRGINIA HOUSING DEVELOPMENT AUTHORITY TAX MAP NO. OWNERlS) I ADDRESS ZONING 2720105 Virginia Housing Development Authority RMF P. O. Box 5127 Multi-Family Richmond, Virginia 23220 2720114 Roanoke Electric Steel Corp. R-5 P. O. Box 13948 Roanoke, Virginia 24034 It ADJOINING PROPERTY OWNERS Roanoke City Tax Parcel: 2720114 ROANOKE ELECTRIC STEEL CORP. TAX MAP NO. OWNERlS) I ADDRESS ZONING 2720105 Virginia Housing Development Authority RMF P. O. Box 5127 Multi-Family Richmond, Virginia 23220 2720112 Virginia Housing Development Authority RMF P. O. Box 5127 Multi-Family Richmond, Virginia 23220 2721110 Joanne L. Yancey R-5 Lucy Clements 5614 Green Ridge Road Roanoke, Virginia 24019 2721201 Elsie P. Williams R-5 3779 Norway Avenue, N.W. Roanoke, Virginia 24017 2721301 Jordan A. & Tonita L. Lowery R-5 3778 Norway Avenue, N.W. Roanoke, Virginia 24017 2721302 Joyce V. Royer R-5 3772 Norway Avenue, N.W. Roanoke, Virginia 24017 2720104 Alice P. Reed R-5 212 Mulberry Street, N.W. Roanoke, Virginia 24017 2720116 Appalachian Power Company R-5 P. O. Box 2021 clo Real Estate Asset Management Roanoke, Virginia 24022 6021103 Roanoke Electric Steel Corp. 1-1 P. O. Box 13948 Roanoke, Virginia 24034 ADJOINING PROPERTY OWNERS Roanoke City Tax Parcel: 2720114 ROANOKE ELECTRIC STEEL CORP. 6021106 Roanoke Electric Steel Corp. R-5 P. O. Box 13948 Roanoke, Virainia 24038 2720113 Virginia Housing Development Authority RMF P. O. Box 5127 Multi-Family Richmond, Virainia 23220 The Roanoke Times Roanoke, Virginia Affidavit of Publication State of Virginia City of Roanoke <:;,::n.y: I~PTI:1)p)~~" Ii ~e s . NOTICE OF PUB~IC :i - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + - - - - - - " . " - - - - - - I HEARING ". I I The Council of the City of', ,Roa'noke will hold a public 'hearing on Thursday, January! 22, 2009, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the 'Council Chamber, fourth ;floor, in the Noel C. Taylor 'Municipal Building, 215 Church Avenue, SoW., 'Roanoke, Virginia, to consider the following: Request from Roanoke' Electric Steel Corporation, t/a Steel Dynamics Roanoke, Bar Division and Virginia I Housing Development Authority, c/o Habitat America LLC, represented by Maryellen F. Goodlatte, Esquire, to rezone a portion of property bearing Official Tax No. 2720701, located on Shenandoah Avenue. NoW., from CG, Commercial General District, to RMF, Residential Multifamily District, to rezone a portion of property bearing Official Tax No. 2720113, located on Westside Bouleva'rd, N:W., from RMF, 'Residential Multifamily District, to R:5, Residential Single Family I District, and to rezone two I portions of property bearing I Official Tax No. 2720114, I located on Wests ide Boulevard, N,W., from R-5; , Residential Single Family I District, to RMF, Residential i Multifamily District, for uses : permitted in the respective , zoning districts. Such portions of property are more specifically set out on ' Sheets P-l and 4 of the plan entitled, Parkrng Reconfigurations West Creek .Manor Apartments,' dated, November 25, 2008. . . ' A copy of the application is I available for review in the., Office of the City Clerk,' Room 456; Noel C. Taylor: Municipal Building, 215: Church Avenue, SoW.,' Roanoke, Virginia. I All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at 853-2541, before noon on the Thursday before the date of the hearing listed above. , GIVEN under my hand this ,j 29th day of December, I, 2008. . e Stephanie M. Moon, CMC : f City Clerk. e )f (11235890) x 'I, GLENN, FELDMANN, P,O. BOX 2887 ROANOKE VA 24001 DARBY & GOODL REFERENCE: 80025065 11235890 NPH-Roanoke Electric I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this _~_day of Jan 2009. Witness my hand and official seal. \2 ~O .~'" ~^ --- Notary Pu~lic My~~~~i~~io~~~~~~~==___l~~1}~ll__. PUBLISHED ON: 01/05 01/12 \\\\\1111""1 "" ~ f:l..LA Y: II;~I' ...,..;:,.,,0 . . . , '. 1tt..c7 I' ... ~- .' . . ' 7A, " ~"'(}::~"'N.01AR'< ".:11' "-:. :: t:l:J:' P\JBlIC '. ~ :: #7090930 '*- - * . REG. SS\O~. :. : r;.t\'I COMM\ : ::! = ~ /'> ". ~~ s -tl' ~ : ... "';'" . . ~.. .....~...' ..'~~ """ ~O .......... ~~ ......... "11' IVWEAt:I\-\IJ,,'...... "!" Ill" \ \ \ \ TOTAL COST: FILED ON: 517.92 01/12/09 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - -- Authorized ~ x:1~.1 ~ ,....::...A _ Signa t ure , -it{,4,6.-/r----L-UzU.J/Jf!21iM.-, B~ II ing S e rv ice s Rep re s en tat i ve p:-(. NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will hold a public hearing on Thursday, January 22, 2009, at 7:00 p.m., or as soon thereafter as the matter maybe heard, in the Council Chamber, fourth floor, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider the following: Request from Roanoke Electric Steel Corporation, t/a Steel Dynamics Roanoke Bar Division and Virginia Housing Development Authority, c/o Habitat America LLC, represented by Maryellen F. Goodlatte, Esquire, to rezone a portion of property bearing Official Tax No. 2720701, located on Shenandoah Avenue, N.W., from CG, Commercial General District, to RMF, Residential Multifamily District, to rezone a portion of property bearing Official Tax No. 2720113, located on WestsideBoulevard, N.W., fromRMF, Residential Multifamily District, to R-5, Residential Single Family District, and to rezone two portions of property bearing Official Tax No. 2720114, located on Westside Boulevard, N.W., from R-5, Residential Single Family District, to RMF, Residential Multifamily District, for uses permitted in the respective zoning districts. Such portions of property are more specifically set out on Sheets P-l and 4 of the plan entitled, Parking Reconfigurations West Creek Manor Apartments, dated November 25,2008. A copy of the application is available for review in the Office ofthe City Clerk, Room 456, Noel C. Taylor Municipal Building, and 215 Church Avenue, S.W., Roanoke, Virginia. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at 853-2541, before noon on the Thursday before the date of the hearing listed above. GIVEN under my hand this -2.9..t.hday of DpC'pmhpr ,2Cba. Stephanie M. Moon, CMC City Clerk. Roanoke Electric Steel-rezone. doc Notice to Publisher: Publish in the Roanoke Times on Monday, January 5,2009, and Monday, January 12,2009. Send affidavit to: Stephanie M. Moon, CMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853-2541 Roanoke Electric Steel-rezone.doc Send Bill to: Maryellen Goodlatte, Esquire P.O. Box 2887 Roanoke, Virginia 24001-2887 (540) 224-8018 mgoodlatte@ gfdg.com CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk December 29, 2008 Maryellen F. Goodlatte, Attorney Glenn, Feldmann, Darby & Goodlatte P. O. Box 2887 Roanoke, Virginia 24001-2887 Dear Ms. Goodlatte: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6,1981, I have advertised a public hearing for Thursday, January 22, 2009, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on the request of Roanoke Electric Steel Corporation, tja Steel Dynamics Roanoke Bar Division and Virginia Housing Development Authority, c/o Habitat America LLC, to rezone a portion of property located on Shenandoah Avenue, N. W., from CG, Commercial General District, to RMF, Residential Multifamily District; a portion of property located on Wests ide Boulevard, N. W., from RMF, Residential Multifamily District, to R-5, Residential Single Family District; and two portions of property located on Wests ide Boulevard, N. W.,from R-5, Residential Single Family District, to RMF, Residential Multifamily District, for uses permitted in the respective zoning districts, as set forth on Sheets P-1 and 4 of the plan entitled, Parking Reconfigurations West Creek Manor Apartments dated November 25,2008. 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. Maryellen F.Goodlatte December 29, 2008 Page 2 It will be necessary for you, or your representative, to be present at the January 22nd public hearing. Failure to appear could result in adeferral of the matter until a later date. Sincerely, J 1/). hj~DYV Stephanie M. Moon, CMC. ) City Clerk SMM:ew - Enclosu re CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011:..1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk December 29, 2008 Food Lion, LLC Calvary Chapel of Roanoke Mr. and Mrs. Rajeshbhair Patel Mr. Donald Bandy Bank of New York Trust Company Ms. Alice P. Reed Ms. Joanne L. Yancey and Ms. Lucy Clements Mr. and Mrs. Jordan Lowery Ms. Joyce V. Royer Appalachian Power Company, c/o Real Estate Asset Management Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Thursday, January 22, 2009, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on the request of Roanoke Electric Steel Corporation, t/a Steel Dynamics Roanoke Bar Division and Virginia Housing Development Authority, c/o Habitat America LLC, to rezone a portion of property located on Shenandoah Avenue, N. W., from CG, Commercial General District, to RMF, Residential Multifamily District; a portion of property located on Westside Boulevard, N. W., from RMF, Residential Multifamily District, to R-5, Residential Single Family District; and two portions of property located on Wests ide Boulevard, N. W., from R-5, Residential Single Family District, to RMF, Residential Multifamily District, for uses permitted in the respective zoning districts, as set forth on Sheets Pool and 4 of the plan entitled, Parking Reconfigurations West Creek Manor Apartments dated November 25, 2008. 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 Development at 540-853-1730. Adjoining Property Owners December 29, 2008 Page 2 If you would like to receive a copy of the report of the City Planning Commission, please call the City Clerk's Office at 540-853-2541. Sincerely, ~h;. h--)o~ StepHanie M. Moon, CMC ) City Clerk SMM:ew AFFIDAVIT PERTAINING TO THE REZONING REQUEST OF: Roanoke Electric Steel Corporation and VA Hsg. Dev. Authority ) for portions of properties on Shenandoah and Westside Blvd., NW ) AFFIDAVIT from CG and RMF, to RMF and R-5, no conditions ) ) ) TO- WIT: ) COMMONWEALTH OF VIRGINIA , CITY OF ROANOKE The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission ofthe City of Roanoke, she has sent by first-class mail on the 24th day of November, 2008, notices of a public hearing to be held on the 18th day of December, 2008, on the request captioned above to the owner or agent of the parcels as set out below: Tax No. 6010701 60211 06 6021103 6030107 2732301 2732201 2720603 2720601 2720309 2720801 Name Mailing Address Applicant - RES Food Lion, LLC POBox 1330 Salisbury, NC 28145 City of Roanoke POBox 4563 Roanoke, VA 24015 Calvary Chapel of Roanoke POBox 20342 Roanoke, VA 24018 Rajeshbhai & Purnima R. Patel 3842 Shenandoah Avenue, NW Roanoke, VA 24017 Donald Bandy POBox 4143 Roanoke, VA 24015 Bank of New York Trust Co. 100 Virginia Drive Fort Washington, PA 19034 Applicant - VHDA 2720104 Alice P. Reed 212 Mulberry Street, NW Roanoke, VA 24017 Appalachian'Power Company POBox 2021 c/o Real Estate Asset Management Roanoke, VA 24022 /l;~~. :?J/i~ Martha Pace Franklin 2720116 SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 24th day of November, 2008. ~(p ~ ;rJd;:J Notary Public ' My Commission Expires: ~ /30/ J..O Id... ,I CANDACE R. MARTIN NOTARY PUBUC Commonwealth of Virginia Reg. #282076 M Commission Expires CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S, W" Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov STEPHANIE M. MOON, CMC City Clerk January 23,2009 Daniel F. Barnes, Attorney 3140 Chaparral Drive, S. W., Suite 200-C Roanoke, Virginia 2401.8 Dear Mr. Barnes: SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk I am enclosing copy of Ordinance No. 38343-012209 rezoning property located at 1917 Franklin Road, S. W., Official Tax No. 1272801, from MX, Mixed Use District, to CG, Commercial General District, subject to certain conditions proffered by the petitioner, as set forth in the Zoning Amended Application No. 1 dated November 20, 2008. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Thursday, January 22, 2009, and is in full force and effect upon its passage. Sincerely, ~~rn. rre~ Stephanie M. Moon, CMC City Clerk SMM:ew Enclosure Daniel F. Barnes, Attorney January 23, 2009 Page 2 pc: KirkJeff, Inc., P. O. Box 8278, Roanoke, Virginia 24014 Shrinath Enterprises, LLC, 1927 Franklin Road, S. W., Roanoke, Virginia 24014 Norfolk Southern Corporation, c/o Bill Title, 110 Franklin Road, S. E., Roanoke, Virginia 24011 Bill Thomasson, President, Neighbors In Roanoke, 2621 Crystal Spring Avenue, S. W., Roanoke, Virginia 24014 Barbara Duerk, Neighbors In Roanoke, 2607 Rosalind Avenue, S. W., Roanoke, Virginia 24014 Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, City Engineer Henry Scholz, Chair, City Planning Commission, Martha P. Franklin, Secretary, City Planning Commission Nancy C. Snodgrass, Zoning Administrator . .~^'., L-7" , (i L/ . \ D~ \~~ \ ~\ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd day of January, 2009. No. 38343-012209. AN ORDINANCE to amend S:56.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain property within the City, subject to certain conditions proffered by the petitioner; and dispensing with the second reading of this ordinance by title. WHEREAS, Lorrd Ganeshji, Inc., represented by Daniel F. Barnes, Esquire,' has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have property located at 1917 Franklin Road, S,W., bearing Official Tax No. 1272801, rezoned from MX, Mixed Use District,. to CG, Commercial General District, subject to certain conditions; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by ~36.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on January 22, 2009, after due and timely notice thereof as required by S36.2- 540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's O-Lon'd Ganeshji-rezone with proffers.doc 1 Comprehensive Phm, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject property, and for those reasons, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that Official Tax No. 1272801 located at 1917 Franklin Road, S.W" be, and is hereby rezoned from MX, Mixed Use District, to CG, Commercial General District, subject to certain conditions proffered by the petitioner, as set forth in the Zoning Amended Application No, 1 dated November 20, 2008. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: %A1~ m. rtrD>V . . CIty Clerk. O-Lorrd Ganeshji-rezone with proffers. doc 2 Architectural Review Board Board of Zoning Appeals Planning Commission CITY OF ROANOKE PLANNING BUILDING & ECONOMIC DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning@roanokeva.gov January 22, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable Gwendolyn W. Mason, Council Member Honorable Alvin L. Nash, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Request from Lorrd Ganeshji, Inc., represented by Daniel F, Barnes, Esquire, to rezone property located at 1917 Franklin Road, S.W., Official Tax No, 1272801, from MX, Mixed Use District, to CG, Commercial General District, subject to the following conditions: (1) that only the following uses shall be permitted: business service establishment; office, general or professional; office, general or professional, large scale; animal hospital or veterinary clinic, no outdoor pens or runs; caterer, commercial; studio, multimedia production facility; bakery, confectionary or similar food production, retail; general service establishment; personal service establishment; pet grooming; retail sales establishment, limited to florists; club, lodge, civic or social organization; community center; health and fitness center; meeting hall; place of worship; artist studio; educational facility, business school or nonindustrial trade school; educational facility, school for the arts; community food operation; day care, adult; wireless communication facility, stealth; medical clinic, limited to home healthcare services; and (2) electronic readerboards shall be prohibited on the property, for the purpose of allowing any of the enumerated uses. Planning Commission Action Planning Commission public hearing was held on Thursday, December 18, 2008. By a vote of 6-0 (Mr. Scholz absent), the Commission recommending approval of the application, finding the rezoning of the subject property to be consistent with the City's Zoning Ordinance, Vision 2001-2020, and the Franklin Road/Colonial Members of City Council Page 2 January 22, 2009 A venue Area Plan. Allowing for a variety of uses is appropriate to the property's location and physical improvements. Respectfully submitted, ~~ Henry Scholz, Chairman Roanoke City Planning Commission cc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney R. Brian Townsend, Assistant City Manager Applicant Members of City Council Page 3 January 22,2009 Application Information Request: Rezoning, Conditional Owner/Applicant: Lorrd Ganeshji Inc. (Ssunny Shah) Representative: Daniel Barnes, Esquire City Staff Person: Maribeth B. Mills Site Address/Location: 1917 Franklin Road SW Official Tax Nos.: 1272801 Site Area: 3.302 Acres Existing Zoning: MX, Mixed Use District and River and Creek Corridor Overlay Proposed Zoning: CG, Commercial-General with conditions and River and Creek Corridor Overlay . Existing Land Use: Office and warehouse I Retail sales, Place of worship, and medical clinic Proposed Land Use: limited to home health care Neighborhood Plan: Franklin Road/Colonial Avenue Area Plan Specified Future Land Use: Office Filing Date: Original Application: November 5, 2008; Amended Application No.1: November 20,2008 Background The applicant is requesting to rezone the subject property to expand the number of permitted uses. Under its current MX zoning, the property is limited to residential, office, and public uses. The applicant has had numerous groups express interest in relocating to this property including a florist's call center, a place of worship, and a home health care service. The site is already developed with a 38,883 square foot metal and brick building and an 86 space parking lot. No physical changes are proposed. Conditions Proffered by the Applicant The applicant requests that the following proffered conditions be adopted as they pertain to Official Tax No. 1272801: 1. Only the following uses shall be permitted: a. Business service establishment b. Office, General or Professional c. Office, General or Professional, Large scale d. Animal hospital or veterinary clinic, no outdoor pens or "runs" e. Caterer, Commercial f. Studio, Multimedia production facility Members of City Council Page 4 January 22, 2009 g. Bakery, Confectionary or similar food production, Retail h. General Service Establishment I. Janitorial Services Establishment J, Personal Service Establishment k. Pet Grooming I. Retail sales establishment, limited to florist m. Club, lodge, civic, or social organization n. Community center o. Health and fitness center p. Meeting hall q. Place of worship r. Artist studio s. Educational facility, Business school or nonindustrial trade t. Educational facility, School for the arts u. Community food operation v. Day care, Adult w. Wireless telecommunication facility, Stealth x. Medical clinic, limited to home health care services 2, Electronic readerboards, as defined by Section 36.2-662 (Definitions), Zoning, of the Code of he City of Roanoke, shall be prohibited on the subject property. Considerations Surroundinq Zoninq and Land Use: Zoning District Land Use North ROS, Recreation and Open Space Roanoke River Greenway South CG, Commercial-General, with conditions Ramada Inn East CG. Commercial-General Vacant West MX, Mixed Use Norfolk Southern Railroad Tracks Compliance with the Zoninq Ordinance: The CG District was created for motor vehicle dependent uses with site development characterized by individual access, parking, and signage along heavily traveled arterial streets, such as Franklin Road. Despite the fact that this property is located on Franklin Road and surrounded by other commercially zoned property, it has consistently been zoned for office use due to inadequate access. Only one access point exists with no right or left hand turn lanes, For that reason, the proffered uses have been limited to those that will not generate substantial traffic. All uses permitted in the MX District have been retained, No physical changes to the property are proposed and any future changes will have to comply with the City's Zoning Ordinance. All proposed uses can be accommodated by the existing 86 space parking lot. Members of City Council Page 5 January 22, 2009 Conformity with the Comprehensive Plan and Neiqhborhood Plan: Both Vision 2001-2020 and the Franklin Road/Colonial A venue Area Plan encourage the efficient use of underused commercial properties while remaining compatible with surrounding residences. Most commercial properties on Franklin Road directly abut residential neighborhoods which can create conflict. This property is isolated, however, being surrounded by interstate, railroad tracks, the Roanoke River, and other commercial properties, Therefore, an expanded list of low traffic generating commercial uses is appropriate and necessary to sustain viable business. Many of the proposed uses may benefit from close proximity to the Roanoke River Greenway such as a day care center, artist studio, or health and fitness center and the Ramada Inn such as a meeting hall, caterer, or bakery. The applicant has also proffered that no electronic readerboards will be erected. The following policies of Vision 2001-2020 are relevant in the consideration of this application: . ED P6: Commercial development: Roanoke will encourage commercial development in appropriate areas (I.e., key intersections and centers) of Roanoke to serve the needs of citizens and visitors. (ED A26. Identify underutilized commercial sites and promote revitalization.) The following policies of the Franklin Road/Colonial Avenue Area Plan are relevant in the consideration of this application: . Economic Development Policies: o Commercial Corridors: Commercial areas should accommodate competitive businesses that have aesthetic and functional compatibility with adjoining residential areas. (Action - Maximize Commercial Districts: A void expansion of commercial districts to encourage quality development and more efficient use of land in existing districts.) Outside Aqency Comments: None. Public Comments: None. Planninq Commission Public Hearinq: The following questions were posed by the Planning Commission during their December 18th public hearing: Members of City Council Page 6 January 22, 2009 1. Mr. Chrisman questioned if the list of proffered uses had been reviewed by the City's traffic engineer. Staff responded that the traffic engineer had reviewed the proffered uses the property would be limited to and was satisfied that they would not generate excessive amounts of new traffic on Franklin Road. " ., ...,~fI. '.. . . .. , ~ol'l.in~f~l11end 111 e nt.. .. """"""" ,.,.:, -"" ., --, ..,,'........- .... ............ A<i' ""'1' 'iii ".', ;.,.; 't:>IiI': ..,.: Sp,">p'" .....I~~a . .,'I:~n;: ,u. ','-- ," ',- ..>.. .. '" " ..,...~.. '., .. ".' .......... ,. "', .... ....', , 'c. :', ' .. '. '",,~',.. ......,.. ':::','., .' ->-'.. >,', ,::' ..':.d __ -. -'.. -"-':;":""~-""'" >,'-'-'"," ",,' '." " - " .... ,., ,', ..,' _ .... .. - ,. x . Department of Planning, Building and Development Room 166, Noel C, Taylor Municipal Building 215 Church Avenue, SoW, Roanoke, Virginia 24011 Phone: (540) 853-1730 Fax: (540) 853-1230 Date: INOV 20, 2008 I ~!'9~!~~i,(~!ii!~!"~~i~!~:~!:'!plil~)~'~ii " o Rezoning, Not Otherwise Listed IRl Rezoning, Conditional o Rezoning to Planned Unit Development o Establishment of Comprehensive Sign Overlay District !r~ip:!'~~y~il,~'!~rffi!!!~~i~::"!illi:: Submittal Number: IAmended Application No,' ,. Click Hereto Print I ~ o Amendment of Proffered Conditions o Amendment of Planned Unit Development Plan o Amendment of Comprehensive Sign Overlay District Address: 1917 Franklin Road SW, Roanoke, VA 24014 Official Tax No(s),: 11272801 Existing Base Zoning: I (If multiple zones, please manually enter all districts,) MX Ordinance No(s). for Existing Conditions (If applicable): IN/A Requested Zoning: ICG, Commercial-General I Proposed Land Use: I I 0 With Conditions IRl Without Conditions Iplace of Worship, Retail Sales I I Name: ILorrd Ganeshji Inc. I Phone Number: I +1 (540) 537-0618 J Address: E-Mail: Inesume@aol.com ~ nil Property Owner's Signature: Allplicant'<I~formation (if different frcimowner)i i ~.,.,' ',. .:'. -;.; ;;-,':', ,"-:""'<'<___"',"',, ':_'..;:'iO':;-...,;',..::.:.:....,...';.':.,.,:.'. ::'_ '.,,('..:<:;;,;'::[<';:.':~';,~> ..,._....._....-'.__ '~;:"',".,...., . "_,c___ ",,,, ,:.:.,',. ......_...,. .". .". ...........,;.,,_..." ._ ";) I Phone Number: ~ I E-Mail: I __J Name: Address: Applicant's Signature: Authorized '.Agent'l nform'ation(if:aRplicatiIe):' :--,: '~'" .;::. /, ";':-)*:. :',;:~:>_::;:,';t' ,-,' .::,';0;/.;. <:.to":i:';{ ?':i: .:<;:~. .-)'Y:';,';;;:5F-;:',"o:::;,:>>::"L'::: ">.,,":;?:))'(;,,C:" <- ,;"'<t:><~;,:;;:." '_'0"0:: ;:,:; Name: IDaniel F. Barnes, Esquire Address: 3140 Chaparral Drive, Suite 200-C, Roanoke, VA 24018 , Phone Number: I +, (540) 989-0000 I E-Mail: !dbarnes@opnlaw.com I Authorized Agent's Signature: WRITTEN NARRATIVE Address of Subiect Property: 1917 Franklin Road SW Tax Map No. 1272801 Applicant's Name: Lorrd Ganeshji Inc. Pursuant to the requirements of a Rezoning Application before the City of Roanoke, Virginia, the above applicant hereby provides a written narrative, On September 30, 2008, the applicant purchased an office building located at 1917 Franklin Road, At the time of purchase, the building required significant renovation and repair. The applicant is in the process of renovating the building and preparing it for new tenants. ' As part of the preparation for the new tenants, the applicant is seeking a rezoning. At present, there are two potential tenants that can only make use of this building if the property is rezoned from MX, or Mixed Use District, to CG, or Commercia I-General. The first proposed tenant is Positive Impact Ministries, a church which will utilize the building primarily on Sundays and Wednesdays. The church is comprised of 80 members and its main meeting room will provide seating for these members. This church has presently been meeting the Ramada Inn, which is an adjoining property. As the majority of church members are families, only 20-25 parking spaces will be needed to accommodate the church services. The second proposed tenant is George's Florist. George's intends to move their call center, offices, work stations and some storage facilities to this building. As its showroom and retail outlet will remain at its present location on Brandon Road, there will not be any added car traffic from this use. Most importantly, this rezoning will allow a local business to expand at its current location. Each of the above proposed tenants cannot make use of this property under its present zoning. Thus, the applicant seeks to have the property rezoned to CG, with proffers. The three other parcels, which along with this property, front Franklin Road, between the Roanoke River and Brandon Avenue, are all presently zoned CG. Thus, this rezoning seeks to bring some harmony to this general area. In keeping with the design principles for local commercial centers, the applicant has proffered to avoid the use of an electric readerboard. Lastly, the redevelopment of this commercial property comports with the strategic initiatives set forth in the City's Comprehensive Plan. - PROFFERS Address of Subiect Property: 1917 Franklin Road SW Tax Map No. 1272801 Applicant's Name: Lorrd Ganeshji Inc, PROFFERS The undersigned owner does hereby proffer the following conditions in conjunction with its rezoning application: 1, Only the following uses shall be permitted: a. Business Service Establishment b. Office, General or Professional c. Office, General or Professional, Large scale d. Animal hospital or veterinary clinic, no outdoor pens or "runs" e. Caterer, Commercial f. Studio, Multimedia Production Facility g. Bakery, Confectionary or similar food production, Retail h. General Service Establishment I. Janitorial Services Establishment J. Personal Service Establishment k, Pet Grooming I. Retail Sales Establishment, limited to Florists m. Club, lodge, civic, or social organization n. Community Center o. Health and Fitness Center p. Meeting Hall q. Place of Worship r. Artist Studio s. Educational Facility, Business school or nonindustrial trade school t. Educational Facility, School for the arts u. Community Food Operation v. Day Care, Adult w. Wireless Communication Facility, Stealth x. Medical Clinic, limited to home health care services 2, Electronic readerboards, as defined by Section 36.2-662 (Definitions), Zoning, of the Code of the City of Roanoke, shall be prohibited on the subject property, Owner: Lorrd Ganeshji Inc. BY:~lIl?'t- ~ ts: PreSident Map Output Page 1 of 1 1917 Franklin Road http://gis.roanokeva.gov/servlet/com.esri.esrimap.Esrimap?ServiceName=rnke&ClientVe. .. 11/19/2008 ADJOINING PROPERTY OWNER LISTING Address of Subiect Property: 1917 Franklin Road SW Tax Map No.: 1272801 Owner: Lorrd Ganeshji Inc. Applicant: Lorrd Ganeshji Inc. ADJOINING PROPERTY OWNERS The following is a list of those property owners who own property beside, behind or across the street from the subject property noted above: CITY OF ROANOKE Official Tax Number Owner's Name and Mailinq Address 1272601 1917 Franklin Road SW Mountain View Limited Company 1917 Franklin Road SW Roanoke,VA 24014 1040301 Franklin Road SW Kirk Jeff Inc P.O. Box 8278 Roanoke, VA 24014 1040302 1927 Franklin Road SW Shrinath Enterprises LLC 1927 Franklin Road SW Roanoke, VA 24014 1040401 302 Wiley Drive SW City of Roanoke 215 Church Avenue SW Room 250 Roanoke, VA 24011 1040102 1809 Franklin Road SW Timberbrook Properties VI LLC 5100 Bernard Drive Roanoke, VA 24018 " It; I II- · -II ~ 1;1 II ~ I _ ~ II! II m I~ . I ., I I. ~1 ilt illll ~ ii!'I.i~I'i 1'- III' ::I .Iill! l'lJO:-OdN](J')W(Jl@lIVW :lI'i~\I-:l aLOtrZ YINI~MI^ TlION"'O~ :;tt~-l':':: (OF!;) :X......:l 6990l' XOS 'Ud IltrtU lOPS! :3NOHd MS '3nN3Ny NOil18\111\t118 "99' VINIDlIIA :nIONVOll SlI3NNV1d-SlI0J.3AlIi1S-slI33NIDN3 'J"d 'S3.LVDOSSV N30SWm llUl!lI~.g:!l:lll . @!!!!!~ II I IIIUIIII ...., ,A,egm Itctu,",A'rl~to ,os..~ 88.110 IlOOZ 'sz ~nr -. -- - ~II! rJ) ~ ;~ ~ :::~~ ~~ fq~~~~~ ~~It~~~~~ ~~ hi~~2 ~ i::l ~~ ~ ~E!t: O~O ....:!G1 \""'-.0\1001\......"".. The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ :{st~.,l{~'~<~'.~i'_}~'_ _ _ _ _ _ _ _ _ + _ _ _ _ _ _ _ _ _ _ ~ _ _ _ _ _ _ _ _ __ \\","""'/ ...."\ 0'< A Lq 1/,,; ," "i'-~ ...... J.A - ; ~""~<<:',""NOTAR'Y"::"'1. ....-:. :: ..' PUBLIC ". '-t- ~ : * : REG. #7090930 ": * = = : MY COMMISSION: = - C? . .. ... -:. ~'. EXRIRES{ IJ":S:: -:. ~ '. lU'~ - . ~ .. .., ~/") ". . . (?J- ,.: ...., l/1I~""';"" '\~ " "" tALTH Clt ,..,,,, 11'1111111\\\\ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - -- DANIEL F. BARNES, ESQUIRE 3140 CHAPARRAL DRIVE, SUITE ROANOKE VA 24018 200 REFERENCE: 80165836 11235725 R NPH-Lorrd Ganeshji State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this __\~~day of Jan 2009. Witness my hand and ofIlcial seal _~~~\ll~~~_~~~= Notary( Public My c;~;I;;~~~i~~~__~~~~_~L__. PUBLISHED ON: 01/05 01/12 TOTAL COST: FILED ON: 580.32 01/12/09 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I NOTICE OF PUBLIC HEARING j The Council of the City of I Roanoke will hold a public i hearing on Thursday, January 22, 2009, at 7:00 p.m., or as soon thereafter as the malter may be heard, in the Council Chamber, fourth floor, in the Noel C. Taylor Municipal Building, 215 Church Avenue, SoW." Roanoke, V.irginia, to' corisider the following: Request from Lorrd. , Ganeshji, Inc., represented by Daniel F. Barnes, Esquire,; ,to rezone property located a~._ : 1917 Franklin Road, SoW., I ,Official Tax No. 1272801" from MX, Mixed Use District, to CG, Commercial General District, subject to the, f0110wing conditions: (1) that only the following uses shall I be permitted: busin~ss service establishment; office, ; general or professional; I office, general or I professional, large s~ale; ! animal hospital or veterinary j clinic, no outdoor pens or I runs; caterer, cO":lmerci~l; , , studio, multimedia : production facili~y; .bakery, , confectionary or similar food, I production, retail; general' , service establlsh~ent; I janitorial services : establishment;.personal, service establishment; pet , grooming; ret~q, sales; establishment, limited to' florists; club, lodge, civic .or social orga.niz~tion; , community center; healthl I and fitness center; 'meeting: I hall; place of ~orshlp; a.r~ist I studio; educational facility" , business school or:' i nonindustrial trade school; , educational facility, ~chool i for the. arts; community food operation; day care...,~d~lt; wireless communicatIOn I - facility, stealth; medical clinic, Iimite~ to home healthcare services; and (2) electronic readerboards shall be prohibited on the property, for the purpose of allowing. any of the. enumerated uses. '. A copy of the application IS available.for review in the Office of the City Clerk, Room 456, Noel .c, Taylor Municipal Building, 215 Church Avenue, SoW., \ Roanoke, Virginia. . All parties in interest and citizens m.ay appear on the above date and be heard on I the matter. I! yo.u. are a \person with a. dlsabl!,ty who needs accommodations for this hearing, please ~ontact the City Clerk's Office, at 853-2541, before noon on \ the Thursday before the date \ of the hearing listed above. . , GIVEN under my hand thIS 129th day of December, 2008. . Stephanie M. Moon, CMC I . City Clerk, Ii (11235725) L__._._,~..k~ ---,-~ --"'- Billing Services Representative -( ~\~... ~~' \, NOTICE OF PUBLIC HEARING The Council ofthe City of Roanoke will hold a public hearing on Thursday, January 22,2009, at 7:00 p.m., or as soon thereafter as the matter maybe heard, in the Council Chamber, fourth floor, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider the following: Request from Lorrd Ganeshji, Inc., represented by Daniel F. Barnes, Esquire, to rezone property located at 1917 Franklin Road, S.W., Official Tax No. 1272801, from MX, Mixed Use District, to CG, Commercial General District, subject to the following conditions: (1) that only the following uses shall be permitted: business service establishment; office, general or professional; office, general or professional, large scale; animal hospital or veterinary clinic, no outdoor pens or runs; caterer, commercial; studio, multimedia production facility; bakery, confectionary or similar food production, retail; general service establishment; janitorial services establishment; personal service establishment; pet grooming; retail sales establishment, limited to florists; club, lodge, civic or social organization; community center; health and fitness center; meeting hall; place of worship; artist studio; educational facility, business school or nonindustrial trade school; educational facility, school for the arts; community food operation; day care, adult; wireless communication facility, stealth; medical clinic, limited to home healthcare services; and (2) electronic readerboards shall be prohibited on the property, for the purpose of allowing any ofthe enumerated uses. A copy of the application is available for review in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, and 215 Church Avenue, S.W., Roanoke, Virginia. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at 853-2541, before noon on the Thursday before the date of the hearing listed above. GIVEN under my hand this 29thdayof December , 2ro~. Stephanie M. Moon, CMC City Clerk. Lorrd Ganeshji-rezone with proffers.doc Notice to Publisher: Publish in the Roanoke Times on Monday, January 5,2009, and Monday, January 12,2009. Send affidavit to: Stephanie M. Moon, CMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853-2541 Lorrd Ganeshji-rezone with proffers.doc Send Bill to: Daniel F. Barnes, Esquire 3140 Chaparral Drive, Suite 200-C Roanoke, Virginia 24018 (540) 989-0000 dbarnes@opnlaw.com CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-II45 E-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk December 29, 2008 Daniel F. Barnes, Attorney 3140 Chaparral Drive, S. W., Suite 200-C Roanoke, Virginia 24018 Dear Mr. Barnes: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1 981, I have advertised a pu blic hearing for Thursday, January 22, 2009, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on the request of Lorrd Ganeshji, Inc., to rezone property located at 1917 Franklin Road, S.W., from MX, Mixed Use District, to CG, Commercial General District, subject to certain proffered . conditions. 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 January 22nd public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, ~dn.mb~ Stephanie M. Moon, CMe! City Clerk SMM:ew Enclosu re CITY OF ROANOKE , . OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail:, c1erk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk December 29,2008 Kirk Jeff, Inc. Norfolk Southern Corporation Shrinath Enterprises, LLC Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Thursday, January 22, 2009, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on the request of Lorrd Ganeshji, Inc., to rezone property located at 1917 Franklin Road, S.W., from MX, Mixed Use District, to CG, Commercial General District, subject to certain proffered conditions. This lette'r 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 Development at 540-853-1730. ' If you would like to receive a copy ofthe report of the City Planning Commission, please call the City Clerk's Office at 540-853-2541 . Sincerely, ~~tn 1Y'f)~ Stephanie M. Moon, CMC I City Clerk G SMM:ew pc: Bill Thomasson, President, Neighbors In Roanoke, 2621 Crystal Spring Avenue, S. W., Roanoke, Virginia 24014 Barbara Duerk, Neighbors In Roanoke, 2607 Rosalind Avenue, S. W., AFFIDAVIT PERTAINING TO THE REZONING REQUEST OF: Lv'(1~ yemr Ganeshju, Inc. at 1917 Franklin Road, S.W., Tax No. 1272801 from MX to Co, conditional ) )AFFIDA VIT COMMONWEALTH OF VIRGINIA ) ) TO- WIT: ) CITY OF ROANOKE The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 24th day of November, 2008, notices of a public hearing to be held on the 18th day of December, 2008, on the request captioned above to the owner or agent of the parcels as set out below: Tax No. Name Mailing Address 1040301 Kirk JeffInc POBox 8278 Roanoke, VA 24014 1040302 Shrinath Enterprises, LLC 1927 Franklin Road, SW Roanoke, VA 24014 Norfolk Southern Corporation c/o Bill Title 110 Franklin Road, SE Roanoke, VA 24011 Also notified: Bill Thomasson and Barbara Duerk from Neighbors in S. Roanoke 7ht1ULl4cu ~ dy-~ Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 24th day of November, 2008. ~d K ~ CANDACER. MARTIN I~ NOTARYPUBUC ~ LK . Commonwealth of Virginia . Reg. #282076 Notary PublIc. M Commission Expires I My Commission Expires: II J JO / ;/..01 ~ I { CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S, W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk january 23, 2009 Darlene L. Burcham City Manager Roanoke, Virginia john Anstey Anstey Hodge Advertising Group 305 Market.Street, Suite 201 Roanoke, Virginia 24011 Dear Ms. Burcham and Mr. Anstey: I am enclosing copy of Ordinance No. 38344-012209 rezoning property located at 120 Commonwealth Avenue, N. E., Official Tax No. 3012827, from RM-1, Residential Mixed Density District, to D, Downtown District, subject to certain conditions proffered by the petitioners, as set forth in the Zoning Amended Application No.2 dated December 8, 2008. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Thursday, january 22,2009, and is in full force and effect upon its passage. Sincerely, ~ ~/n.1Ytu,.) Stephanie M. Moon, CMC City Clerk SMM:ew Enclosu re Darlene L. Burcham Mr. John Anstey January 23,2009 Page 2 pc: Carpet Shop of Roanoke, Inc., P. O. Box 12068, Roanoke, Virginia 24022 Beauford Family Revocable Family Trust, 62 Gilmer Avenue, N. E., Roanoke, Virginia 24016 V. Lee Wolfe, President, Gainsboro Neighborhood Alliance, 206 Rutherford Court, N. W., Roanoke, Virginia 24016 Constance Crutchfield, President, Gainsborough Southwest Neighborhood Organization, 401 Gainsboro Road, S. W., Roanoke, Virginia 24016 Evelyn Bethel, President, Historic Gainsboro Preservation' District, Inc., 35 Patton Avenue, N. E., Roanoke, Virginia 24016 Ms. Alice Roberts and Ms. Margaret Roberts, 411 Gilmer Avenue, N. W., Roanoke, Virginia 24016 William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, City Engineer Henry Scholz, Chair, City Planning Commission, Martha P. Franklin, Secretary, City Planning Commission Nancy C. Snodgrass, Zoning Administrator sty \?' IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd day of January, 2009. No. 38344-012209. AN ORDINANCE to amend 936,2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain property within the City, subject to certain conditions proffered by the petitioner; and dispensing with the second reading of this ordinance by title. WHEREAS, the City of Roanoke and Anstey Hodge Advertising Group, have made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the property located at 120 Commonwealth Avenue, N.E., bearing Official Tax No. 3012827, rezoned from RM-1, Residential Mixed Density District, to D, Downtown Distric;t, subject to certain conditions; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by 936.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on January 22, 2009, after due and timely notice thereof as requiredby 936.2- 540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's O-Anstey Hodge Advertising-rezone with proffers.doc 1 Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject property, and for those reasons, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINEDby the Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that Official Tax No. 3012827 located at 120 Commonwealth Avenue, N,E., be, and is hereby rezoned from RM-1, Residential Mixed Density District, to D, Downtown District, subject to certain conditions proffered by the petitioner, as set forth in the Zoning Amended Application No. 2 dated December 8, 2008. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~~ IY). !rp(]0 City Clerk. ~ O-Anstey Hodge Advertising-rezone with proffers. doc 2 Architectural Review Board Board of Zoning Appeals Planning Commission CITY OF ROANOKE PLANNING BUILDING & ECONOMIC DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning@roanokeva.gov January 22, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable Gwendolyn W, Mason, Council Member Honorable Alvin L. Nash, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B, Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Request from the City of Roanoke and Anstey Hodge advertising Group to rezone property located at 120 Commonwealth Avenue, N.E., Official Tax No. 3012827, from RM-1 Residential Mixed Density District, to D, Downtown District, subject to the following conditions: (1) existing building be retained; and (2) that only the following uses shall be permitted: business service establishment; office, general or professional; caterer,. commercial; live work unit; studio, multimedia production facility; bakery, confectionary or similar food production, retail; retail sales establishment; and artist studio, for the use of the property for an advertising business and other commercial uses, . and (3) vehicular access be limited to the existing entrance off Gilmer Avenue. Planning Commission action Planning Commission public hearing was held on Thursday, December 18, 2008. By a vote of 5-0 (Mr. Scholz absent and Mr. Rife abstaining), the Commission recommended approval of the request, finding the application to rezone the subject property to be consistent with the City's Zoning Ordinance, Comprehensive Plan, and the Gainsboro Neighborhood Plan, The application provides for the retention of a local business, preserves a historic building, and improves the appearance of a highly-traveled gateway into Downtown. Representatives were present from the Gainsboro Historic Preservation District, Members of City Council Page 2 January 22, 2009 Inc., and the Gainsborough Southwest Community Organization appeared before the Commission. Their comments are set out at the end of this report Respectfully submitted, ~~ Chris Chittum, Agent Roanoke City Planning Commission cc: Darlene L. Burcham, City Manager R. Brian Townsend, Assistant City Manager William M, Hackworth, City Attorney Applicant Members of City Council Page 3 January 22, 2009 Application Information Request: Rezoning, Conditional Owner: City of Roanoke Authorized Agent: Anstey Hodge Advertising Group (John Anstey) City Staff Person: Maribeth B. Mills Site Address/Location: 120 Commonwealth Ave. N.E. Official Tax Nos.: 3012827 Site Area: 0,1606 Existing Zoning: RM-1, Residential Mixed Density Proposed Zoning: D, Downtown with conditions Existing Land Use: Vacant Proposed Land Use: Business service establishment Neighborhood Plan: Gainsboro Neighborhood Plan Specified Future Land Use: Single- and Two-Family Residential Filing Date: Original Application: November 5, 2008; Amended Application No.1: November 25, 2008; Amended Application NO.2: December 8, 2008 Background The applicant is requesting to rezone the property for use as an advertising agency, which is classified as a "business service establishment" by the Zoning Ordinance. The property was developed in 1948 with an Art Deco garage which is listed on the Virginia Landmarks Register and National Register of Historic Places as a contributing structure to the Gainsboro Historic District. It is the only resource of its type that survives within the district. The applicant intends on using historic tax credits for the renovation which will require all character- defining features be maintained. There has not been an active business license on the property since 2001 when the last motor vehicle service establishment closed for business. The City has owned the property since 2003 and Council authorized the sale of the property to the applicant in September of 2008. Conditions Proffered by the Applicant The applicant requests that the following proffered conditions be adopted as they pertain to Official Tax No. 3012827: 1. Only the following uses shall be permitted: a. Business service establishment b. Office, General of Professional c. Caterer, Commercial Members of City Council Page 4 January 22, 2009 d. Live Work Unit, with nonresidential uses limited to those listed herein e. Studio, Multimedia production facility f. Bakery, Confectionary, or Similar food production, Retail g. Retail sales establishment h. Artist studio 2. The existing building on the property (identified at 120 Commonwealth Ave., on the submitted concept plan prepared by Rock Construction, Inc. and dated November 24,2008) shall be retained. 3. Vehicular access to the subject property shall be limited to the existing entrance off Gilmer Avenue (identified as "Existing Entrance" on the submitted concept plan by Rock Construction, Inc. and dated November 24, 2008). Considerations Surroundinq Zoninq and Land Use: Zoning District Land Use North D, Downtown Icee Company. South D, Downtown Hotel Roanoke. East D, Downtown Vacant. West RM-1, Residential Mixed Density Vacant. Compliance with the Zoninq Ordinance: This application is consistent with the purpose of the Downtown District: · Retains a local business. The applicant currently leases office space in Downtown and would like to remain centrally located. . Increases tax revenue. The building has been vacant since 2001. · Protects against the demolition of a historic building. The applicant has proffered that the building will be retained and plans to use historic tax credits to help with renovation costs. · Add to the mix of uses present in the neighborhood. While the number of permitted uses has been limited to 11 uses appropriate for its close proximity to residential properties, it still provides for limited office, retail, service, entertainment, and live/work space. The only physical changes proposed for the property is the striping of four parking spaces on an existing concrete pad, which is less than the minimum required if the Downtown District was subject to parking standards. Conformity with the Comprehensive Plan and Neiqhborhood Plan: Both Vision 2001-2020 and the Gainsboro Neighborhood Plan encourage this area to take advantage of its close proximity to Downtown by retaining and Members of City Council Page 5 January 22, 2009 attracting business. The plans also encourage the preservation and renovation of historic properties. There are already a number of adaptive reuse success stories in the southeast corner of Gainsboro, including the Higher Education Center and the Dumas Center. The proposed adaptive reuse of this property will add to this momentum and improve the appearance of a highly traveled gateway into Downtown, both from Interstate 581 and the Lick Run Greenway. The following policies of Vision 2001-2020 are relevant in the consideration of this application: . EC P6. Cultural and historic resources. Roanoke will support, develop, and promote its cultural resources. Roanoke will identify, preserve, and protect its historic districts, landmark features, historic structures, and archaeological sites. (EC A27. Promote local, state, and federal incentives to include tax credits to encourage rehabilitation of historic structures.) . ED P3: Downtown. Downtown will continue to serve as the region's central business district with opportunities for downtown living, office space, retail, and cultural and entertainment attractions. The following policies of the Gainsboro Neighborhood Plan are relevant in the consideration of this application: . Community Design Policies: o Roanoke will encourage Gainsboro to be a mixed use urban neighborhood with opportunities for housing, employment (with opportunity for advancement), and services for all ages, races, and incomes. Compatibility between diverse uses will be encouraged through high quality design of buildings and sites. . Economic Development Policies: o Encourage rehabilitation and adaptive reuse of existing commercial buildings. Outside Aqencv Comments: Phil Schirmer with the City's Engineering Department requested that the zoning be conditioned on limiting vehicular access to the existing driveway entrance on Gilmer Avenue to ensure pedestrian movements on the greenway are not interrupted. The applicant has responded accordingly by adding this proffer to Amended Application No.1. Planninq Commission Public Hearinq: The following comments were made by the public at the Planning Commission's December 18th public hearing: 1, Ms. Alice Roberts (411 Gilmer Avenue) asked if the address would be changed from Commonwealth Avenue to Gilmer Avenue since that is how the property is accessed. Staff responded that addressing could be looked at on a staff level if necessary. Members of City Council Page 6 January 22, 2009 2. Ms. Evelyn Bethel (35 Patton Avenue) appeared before the Commission and said she represented the Historic Gainsboro Preservation District, Inc. She requested that action be delayed or the matter be withdrawn or denied as she was unaware from previous meetings that the property required a rezoning. Staff responded that the only use currently permitted on the property was single-family residential and that any use other than single-family would require a rezoning. She said there were several questions that needed to be answered, including the encroachment of Downtown zoning into the neighborhood and the potential for increased taxes. Staff responded that the property was surrounded on three sides by parcels zoned Downtown and that further expansion of the Downtown District would also require a rezoning through the same legislative process. Ms. Bethel then suggested that the rezoning run with the applicant. The Commission advised that the rezoning legally had to run with the property, not the owner. A suggestion was made that the list of proffered uses be further reduced (the applicant had already removed personal service establishment, pet grooming, and eating establishment prior to the public hearing in response to public comment). The applicant declined to remove more proffered uses as he felt it may damage the property's marketability should he sell in the future. 3. Ms. Helen Davis (35 Patton Avenue) appeared before the Commission and stated that the neighborhood had not been made aware of the rezoning. The Commission responded that the City had met their obligation as far as notification for this request. 4. Margaret Roberts (411 Gilmer Avenue) said that working together was the key to success and that all the neighborhoods would be willing to work for a solution. She suggested the item be postponed. Department of Planning, Building and Development Room 166, Noel C, Taylor Municipal Building 215 Church Avenue, S.w, Roanoke, Virginia 24011 Phone: (540) 853-1730 Fax: (540) 853-1230 Date: IDec 8, 2008 Submittal Number: IAmended Application NO.2 Click Here to Print I I D Amendment of Proffered Conditions D Amendment of Plann'ed Unit Development Plan D Amendment of Comprehensive Sign Overlay District D Rezoning, Not Otherwise Listed [g] Rezoning, Conditional D Rezoning to Planned Unit Development D Establishment of Comprehensive Sign Overlay District :~~~!.:~!1.!!:~~,!J!!11 Address: 1120 Commonwealth Ave., N.E. Official Tax No(s}.: 13012827 Existin,g Base Zoning: "IRM01' Residential Mixed Density (If multiple zones, please manually enter all districts.) Ordinance No(s}, for Existing Conditions (If applicable): INa Requested Zoning: ID, Downtown I Proposed Land Use: IBusiness Service Establishment I D Wnh Condnions [g] Without Conditions I Phone Number: E-Mail: I Name: ICity of Roanoke I Phone Number: I E-Mail: I Name: Address: I I 853-2333 1 I Applicanfs Signature: I Phone Number: I E-Mail: IJohn@ansteyhOdge.com Name: IAnstey Hodge Advertising Group I I 343-6763 WRITTEN NARRATIVE a.) Justification for the Change 120 Commonwealth Ave., N.E. operated as a motor vehicle service establishment from 1948 - 2001. The property has since been vacant and is zoned for residential uses only. We would like to request the zoning to be changed to Downtown, so we can locate our advertising business here. h.) Intended Use We would like to locate our advertising agency to 120 Commonwealth Ave., N.E. This building would serve as an office for our advertising firm. We are a low-traffic business that has occasional client meetings at our office. The building would house employee offices and a conference room. Our firm has 3 full-time employees that work on a day-to-day basis in the office. We have a team of subcontractors, including Web designers and copywriters, which work off-site. Outline of Renovation We would like to restore 120 Commonwealth Ave., N.E. to its original 1948 service station design, and locate our advertising firm here. Our intention is to apply for historic tax credits and to work with the Virginia Department of Historic Resources. Below is a brief overview of our proposed renovations. Interior . Upgrade electrical system throughout building . Install new HV AC · Install new ADA bathroom . Install new lighting · Remodel cashier area of this fonner service station into a reception area . Acid stain the concrete floor . Paint walls throughout building Exterior · Replace roof . Re-glaze windows . Replace doors · Restore fas:ade of building · Designate small, on-site parking area near building · Remove overgrown trees and brush that currently cover the building c.) Effect on Surrounding Neighborhood We are a low-traffic business that has occasional client meetings at our office. Most of our work is done via e-mail. Our three employees will have a minimal impact on area traffic. 120 Commonwealth Ave., N. E. currendy sits vacant - with boarded-up windows and vegetation growing over half of the building. In our opinion, our proposed renovation of the building into an office will gready improve the appearance of the neighborhood. d.) Availability of Similarly Zoned Properties in General Area 120 Commonwealth Ave., N. E. is a commercial structure with historic significance that is located within RM -1 zoning. Given the historic nature of the property and its former commercial use, rezoning to Downtown is a plausible zoning request. e.) Relationship to City's Comprehensive Plan and Neighborhood Plan COMPREHENSIVE PLAN Historic Resources 120 Commonwealth Ave., N.E. is identified as a contributing structure to the Gainsboro Historic District, which is listed on both the National Register of Historic Places and the Virginia Landmarks Register. Refurbishing this building direcdy supports the City's Comprehensive Plan to promote historic preservation. Economic Development Locating our business to 120 Commonwealth Ave., N.E. supports the City's Comprehensive Plan for Economic Development, specifically retaining and supporting service businesses. Our plans also support the City's strategy of redeveloping underutilized commercial sites - specifically, converting a commercial site to more appropriate uses that are assets to the neighborhood and add to the visual appearance of the community. NEIGHBORHOOD PLAN Community Design A significant part of the Gainsboro Neighborhood Plan is to preserve the historic character of the neighborhood. Our plans of refurbishing 120 Commonwealth Ave., N.E. and applying for historic tax credits direcdy support the Neighborhood Plan. Economic Development Our plans of locating our business in Gainsboro support the Neighborhood Plan from an Economic Development perspective - specifically, supporting initiatives that retain and expand businesses that create jobs and increase spending and investment in the City that enhance the quality of life and economic position of residents. - WRITTEN PROFFERED CONDITIONS The applicant requests that the following proffered conditions be adopted as they pertain to Official Tax No. 3012827: 1. Only the following uses shall be permitted: a. Business Service Establishment b. Office, General or Professional c. Caterer, Commercial d. Live Work Unit, with nonresidential uses limited to those listed herein e. Studio, Multimedia Production Facility f. Bakery, Confectionary, or Similar Food Production, Retail g. Retail Sales Establishment h. Artist Studio 2. The existing building on the property (identified as 120 Commonwealth Ave., on the submitted concept plan prepared by Rock Construction, Inc. and dated November 24,2008) shall be retained. 3. Vehicular access to the subject property shall be limited to the existing entrance off Gilmer Avenue (identified as "Existing Entrance" on the submitted concept plan prepared by Rock Construction, Inc. and dated November 24, 2008). LoJ :;:) z ~ -< Q:: LoJ. ~ ..... (3 ~ 4! i5F~ ~.~ :I-ur j!!~'" 503 ~!~ S~f l!s~~ ...... ~U &1 i ~H ~ ~B -< ~ 15~ z ~-?~ ~/Y ~>~ "'o~ rIJoo" Z 8 :5 '" Q. . ~ '" - IS 1Il lD o ~ l>l 0 o z ~ ~ Q. II< LoJ :;:) Z ~ -< J: ~ ..... -< ~ Z o b ~ - ~ ~ ~ ~ ~ ~ ~\ ~ F '" ~ ~ ~ ~ ~ L .,Jt.<-... ...... ~In CJ NK.... ~l!s~el~ ih~~ - LOCATION MAP QD."......ArI"loClt ,'+ tMOI. LISTING OF ADJOINING PROPERTY OWNERS North T.M.3014010 202 2nd Street NE CARPET SHOP OF ROANOKE INC P.O. BOX 12068 ROANOKE VA 24022 T.M. 3011437 RALPH BEAUFORD 62 GILMER A V NE ROANOKE VA 24016 West (vacant lot owned by the City of Roanoke) T.M. 3012826 CITY OF ROANOKE 215 CHURCH A V SW RM 250 ROANOKE VA 24011 East (vacant lot owned by the City of Roanoke) T.M. 3012904 & 3012905 CITY OF ROANOKE 215 CHURCH A V SW RM 250 ROANOKE VA 24011 South no applicable neighbors (Wells Ave. intersection) _._._--~..._... .......;;::;;.... ..........:..... "," " -'" .,.,'..--........ ,,"',-"",":,:',< ~'" ROANOK.E OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 364 Roanoke, Virginia 24011 540.853.2333 wWw;roanokegov.tom . , ;. !'..,~ .. . - October 28, 2008 Mr. John G.An~teYrMBA,Presjdent: Anstey Hodge Advertising Group, Inc. 305 Market Street, Suite 201 . Roanoke, Virginia 24011 Dear Mr. Anstey: Subject: Authorization for Rezoning Application " ~ . , I hereby authorize Anstey Hodge Advertising Group, Inc., to file a rezoning application as the City's agent for property located at 1'20 Commonwealth Avenue, Tax Map No. 3012827, being the same property authorized bygity Council for conveyance from the City of Roanoke to Anstey Hodge Advertising Group, Inc. by Ordinance No. 38241-091508, adopted September 15, 2008. , , Sincerely, Darlene L Bure City Manager '- The Roanoke Times Roanoke, Virginia Affidavit of publication The Roanoke Times - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ~ - -' _.~ - -.-, - - - - - + - - - - - - - - - - - - - - - - - - - - - - - - ANSTEY HODGE ADVERTISING GROUP 305 MARKET STREET, SE, SUITE 20 ROANOKE VA 24011 REFERENCE: 80165835 11235706 NPH-Anstey Hodge Adv State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was publish~d in said newspap~rs on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this __l~~day of Jan 2009. Witness my hand and official seal. __~",-~\.-~~0~ F~tar\y P,UbliC My co~;r;;r~~exp~s ________M2~~_:l_____. PUBLISHED ON: 01/05 \\\\1111111/1/1, ,,' ,\ ...1 A LA II ~I .... <"\ '\ rltt., ~" .. ~v ...... 'L1" " ~ ,,' ", -7~ ' ~...~'t"'NOTAR'{ ....~-:;. : t:lJ..:' PUBLIC '. -:. -; 0"* ~ : : REG. #709093.: '= : *: N'f< COl'.J\M\SS\ON : ~ = -:. c> ". EXPI!3.~S-\ \ .: ~ E ":.0_" ~.'~~ ..... '':7;1_ .... .... _\~-..... ..." ''70 . . . . . . i'\ ~ ... ",,}I'j-1IE.i\L1\'\ \J","" , I .1 , ~ t ~ 1 \ '\ ,'\ " 01/12 TOTAL COST: FILED ON: 468.00 01/12/09 \~. <~:<i ".\.!b'\ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -' - - - - - + - - - - - - - - - - - - - - - - - - - - - - - - I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ------_.,-- - \' NOTICE OF PUBLIC HEARING , The Council of the City of 'Roanoke will hold a public i hearing on Thursday, January 22,2009, at 7:00 p.m.; or \ as soon thereafter as the, , matter may be heard, in the Council Chamber, fourth floor, in the Noel C.Taylor Municipal Building, 215 Church Avenue, SoW., 'Roanoke, Virginia, to i consider the following: i Request from the City' of I Roanoke and Anstey Hodge iAdvertising Group to rezone I !property located at 120 jcommOnwealth ,Avenue, N.E., OfficialtTax No. 3012827, from RM.1 . Residential Mixed Density : District, to D, Downtown i 'District, subject to the following conditions: (1) that the existing building be ! retained; (2) that only the :following uses shall .be permitted: business service ' Jestablishment'; office, 'general or profes.sional; , caterer, commercial; I.,ve ' tWO r k, u nit; s t u d ! 0, 1 multimedia production I facility; bakery, confectio~ary I or similar food productIOn, i retail; retail sal~s , establishment; and artist . studio for the use of the I property for an advertising I business and ,other\ I commercial uses, and (3) that vehicular access be limited to the existing 1 entrance off Gilmer Avenue. A copy of the ap~lication is available for review In the \ Office of the City Clerk, Room 456, Noel C~ Taylor Municipal Building, 215 \ Church Avenue, SoW., Roanoke, Virginia. ,All parties in interest and . citizens may appear on the I above date and be heard on I the matter. "you are a person with a disability who needs accommodations for " this hearing, please contact the City Clerk's Office,. at 853-2541, before noon on , the Thursday before th,e date of the hearing listed above. GIVEN under my'hand this 29th day of December; 2008. .' Stephanie M. Moon, CMC City Clerk. (11235706) ~; ~;- Billing Services Representative \ ~. . (LA \ld c;r7 \ ~'\: l,. '\Iv. \ NOTICE OF PUBLIC HEARING The Council ofthe City of Roanoke will hold a public hearing on Thursday, January 22,2009, at 7:00 p.m., or as soon thereafter as the matter maybe heard, in the Council Chamber, fourth floor, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider the following: Request from the City of Roanoke and Anstey Hodge Advertising Group to rezone property located at 120 Commonwealth Avenue, N.E., Official Tax No. 3012827, from RM-1 Residential Mixed Density District, to D, Downtown District, subject to the following conditions: (1) that the existing building be retained; (2) that only the following uses shall be permitted: business service establishment; office, general or professional; caterer, commercial; live work unit; studio, multimedia production facility; bakery, confectionary or similar food production, retail; retail sales establishment; and artist studio, for the use ofthe property for an advertising business and other commercial uses, and (3) that vehicular access be limited to the existing entrance off Gilmer Avenue. A copy of the application is available for review in the Office ofthe City Clerk, Room 456, Noel C. Taylor Municipal Building, and 215 Church Avenue, S.W., Roanoke, Virginia. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at 853-2541, before noon on the Thursday before the date of the hearing listed above. GIVEN under my hand this 29th day of December , 2008. '--- Stephanie M. Moon, CMC City Clerk. Anstey Hodge Advertising-rezone with proffers.doc Notice to Publisher: Publish in the Roanoke Times on Monday, January 5,2009, and Monday, January 12,2009. Send affidavit to: Stephanie M. Moon, CMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853-2541 Anstey Hodge Advertising-rezone with proffers. doc Send Bill to: Anstey Hodge Advertising Group 305 Market Street, Suite 201 Roanoke, Virginia 24011 (540) 343-6763 john@ansteyhodge.com CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E"mail: clerk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELlA T. WEBB Assistant Deputy City Clerk December 29, 2008 John Anstey Anstey Hodge Advertising Group 305 Market Street, Suite 201 Roanoke, Virginia 24011 Dear Mr. Anstey: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Thursday, January 22, 2009, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on the request of the City of Roanoke , and Anstey Hodge Advertising Group to rezone property located at 120 Commonwealth Avenue, N. E., from RM-1 Residential Mixed Density District, to D, Downtown District, subject to certain proffered conditions. Foryour 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 January 22nd public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, ~m fY]Ob<V Stephanie M. Moon, cMcL City Clerk SMM:ew Enclosu re CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov SHEILA N. HARTMAN, CMC Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk December 29, 2008 Carpet Shop of Roanoke,lnc. P. O. Box 12068 Roanoke, Virginia 24022 Beauford Family Revocable Family Trust 62 Gilmer Avenue, N. E. Roanoke, Virginia 24016 Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6,1981, I have advertised a public hearing for Thursday, January 22,2009, at 7:00 p.m., or as soon thereafter as the matter . may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 21 5 Church Avenue, S. W., on the request of the City of Roanoke and Anstey Hodge Advertising Group to rezone property located at 120 Commonwealth Avenue, N. E., from RM-1 Residential Mixed Density District, to D, Downtown District, su bject to certain proffered conditions. 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 Development at 540-853-1730. If you would like to receive a copy of the report of the City Planning Commission, please call the City Clerk's Office at 540-853-2541 . Sincerely, I In. IV1 ObYJ Stephanie M. Moon, CMe City Clerk SMM:ew Adjoining Property Owners December 29, 2008 Page 2 pc: V. Lee Wolfe, President, Gainsboro Neighborhood Alliance, 206 Rutherford Court, N. W., Roanoke, Virginia 24016 Constance Crutchfield, President, Gainsborough Southwest Neighborhood Organization, 401 Gainsboro Road, S. W., Roanoke, Virginia 24016 . Evelyn Bethel, President, Historic Gainsboro Preservation District, Inc., 35 Patton Avenue, N. E., Roanoke, Virginia 24016 Ms. Alice Roberts and Ms. Margaret Roberts, 411 Gilmer Avenue, N. W., Roanoke, Virginia 24016 AFFIDAVIT PERTAINING TO THE REZONING REQUEST OF: Anstey Hodge Advertising Group to rezone 120 Commonwealth Avenue ) Tax No. 3012827 from RM-1 to D, with conditions )AFFIDAVIT CITY OF ROANOKE ) ) TO- WIT: ) COMMONWEALTH OF VIRGINIA The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2~2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 24th day of November, 2008, notices of a public hearing to be held on the 18th day of December, 2008, on the request captioned above to the owner or agent of the parcels as set out below: Tax No. Name Mailing Address 3014010 Carpet Shop of Roanoke, Inc. POBox 12068 Roanoke, VA 24022 3011437 Beauford Family Revocable Family Trust 62 Gilmer Avenue, NE Roanoke, VA 24016 3012826 3012904 3012905 City of Roanoke Also Notified: V. Lee Wolfe, Gainsboro NA; M. Constance Crutchfield, Gainsborough SW Neigh. Org; and Evelyn Bethel, Historic Gainsboro Preservation District 1l7~~AeL ar~ Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 24th day of November, 2008. ~u~~ otary Public It I .~ /\ I ,,/'\ J "., CANDACE R. MARTIN NOTARY PUBLIC Commonwealth of Virginia Reg. #282076 "'^ J My Commission Exoires _ 11/. Y1C Department of Planning, Building and Development Room 166, Noel C, Taylor Municipal Building 215 Church Avenue, S.W, Roanoke, Virginia 24011 Phone: (540) 853-1730 Fax: (540) 853-1230 Click Here to Print I I Date: INOV 25, 2008 I [!!'!!!!~~!!!~!!!!!~,~!~il!II~fil o Rezoning, Not Otherwise Listed [RJ Rezoning, Conditional o Rezoning to Planned Unit Development o Establishment of Comprehensive Sign Overlay District :~~!i!ijf~!ft~!!ftil.!~~jll Address: 1120 Commonwealth Ave., N.E. Official Tax No(s}.: 13012827 Submittal Number. IAmended Application No.1 o Amendment of Proffered Conditions o Amendment of Planned Unit Development Plan o Amendment of Comprehensive Sign Overlay District Existing Base Zoning: RM-1, Residential Mixed Density (If multiple zones, please manually enter all districts.) Ordinance No(s}, for Existing Conditions (If applicable): INa Requested Zoning: ID, Downtown I Proposed Land Use: IBusiness Service Establishment o With Conditions [8J Without Conditions Name: ICity of Roanoke I Phone Number: E-Mail: I 853-2333 I I Address: 215 Church Ave., S.W. Room 364, Roanoke, VA 24011 Property Owner's Signature: Name: I Phone Number: I E-Mail: I I I Address: Applicanrs Signature: Name: IAnstey Hodge Advertising Group I Phone Number: I E-Mail: !John@ansteyhodge.com 343-6763 I I WRITTEN NARRATIVE a.) Justification for the Change 120 Commonwealth Ave., N.E. operated as a motor vehicle service establishment from 1948 - 2001. The property has since been vacant and is zoned for residential uses only. We would like to request the zoning to be changed to Downtown, so we can locate our advertising business here. b.) Intended Use We would like to locate our advertising agency to 120 Commonwealth Ave., N.E. This building would serve as an office for our advertising firm. We are a low-traffic business that has occasional client meetings at our office. The building would house employee offices and a conference room. Our firm has 3 full-time employees that work on a day-to-day basis in the office. We have a team of subcontractors, including Web designers and copywriters, which work off-site. Outline of Renovation We would like to restore 120 Commonwealth Ave., N.E. to its original 1948 service station design, and locate our advertising firm here. Our intention is to apply for historic tax credits and to work with the Virginia Department of Historic Resources. Below is a brief overview of our proposed renovations. Interior · Upgrade electrical system throughout building · Install new HV AC · Install new ADA bathroom . Install new lighting · Remodel cashier area of this former service station into a reception area · Acid stain the concrete floor · Paint walls throughout building Exterior · Replace roof · Re-glaze windows . Replace doors · Restore fac;:ade of building · Designate small, on-site parking area near building · Remove overgrown trees and brush that currendy cover the building c.) Effect on Surrounding Neighborhood We are a low-traffic business that has occasional client meetings at our office. Most of our work is done via e-mail. Our three employees will have a minimal impact on area traffic. ' 120 Commonwealth Ave., N. E. currently sits vacant - with boarded-up windows and vegetation growing over half of the building. In our opinion, our proposed renovation of the building into an office will greatly improve the appearance of the neighborhood. d.) Availability of Similarly Zoned Properties in General Area 120 Commonwealth Ave., N. E. is a commercial structure with historic significance that is located within RM -1 zoning. Given the historic nature of the property and its former commercial use, rezoning to Downtown is a plausible zoning request. e.) Relationship to City's Comprehensive Plan and Neighborhood Plan COMPREHENSIVE PLAN Historic Resources 120 Commonwealth Ave., N.E. is identified as a contributing structure to the Gainsboro Historic District, which is listed on both the National Register of Historic Places and the Virginia Landmarks Register. Refurbishing this building directly supports the City's Comprehensive Plan to promote historic preservation. Economic Development Locating our business to 120 Commonwealth Ave., N.E. supports the City's Comprehensive Plan for Economic Development, specifically retaining and supporting service businesses. Our plans also support the City's strategy of redeveloping underutilized commercial sites - specifically, converting a commercial site to more appropriate uses that are assets to the neighborhood and add to the visual appearance of the community. NEIGHBORHOOD PLAN Community Design A significant part of the Gainsboro Neighborhood Plan is to preserve the historic character of the neighborhood. Our plans of refurbishing 120 Commonwealth Ave., N.E. and applying for historic tax credits directly support the Neighborhood Plan. Economic Development Our plans of locating our business in Gainsboro support the Neighborhood Plan from an Economic Development perspective - specifically, supporting initiatives that retain and expand businesses that create jobs and increase spending and investment in the City that enhance the quality of life and economic position of residents. WRITTEN PROFFERED CONDITIONS The applicant requests that the following proffered conditions be adopted as they pertain to Official Tax No. 3012827: 1. Only the following uses shall be permitted: a. Business Service Establishment b. Office, General or Professional c. Caterer, Commercial d. Live Work Unit, with nonresidential uses litnited to those listed herein e. Studio, Multimedia Production Facility f. Bakery, Confectionary, or Similar Food Production, Retail g. Personal Service Establishment h. Pet Grooming 1. Retail Sales Establishment J. Eating Establishment k. Artist Studio 2. The existing building on the property (identified as 120 Commonwealth Ave., on the submitted concept plan prepared by Rock Construction, Inc. and dated November 24,2008) shall be retained. 3. Vehicular access to the subject property shall be litnited to the existing entrance off Gihner A venue (identified as "Existing Entrance" on the submitted concept plan prepared by Rock Construction, Inc. and dated November 24, 2008). F 15-........J z UJ :;j Z ~ <( Q: UJ ~ -J C3 .. z ~ II! B .... <l ~i!'<J ~lI! ~~ .. ~~el Oz O~ z lil5~ <J~~ ....lDii: ~~D.. '" .... ~~~ g~~ ~ N ~ e Ii; S ~ ~~ ....Z ~ 9C!lgl ""'N~.... ~l!;~el~ ~~zli>,c :COFN ~1)1- ~" ~ >,,~ '1-0~ ~O.:> .'JE<-.co II Ii i~ c o Q. " ~ · r..i a 'l!o c. II -:1 t 15J t ~J ~f uJ If. ~: .. ~ ~ I' l; l; I ~1I~lli~ &J ! ~H s ~ II <( z ~ ~ N a.. .. I:!! N - ffi 1II lD o ~ UJ 0 1II z o 0 ~ III Q: :> a.. II! UJ :;j Z ~ <( F -J <( ~ Z o b ::lii _ ::lii I o ~ ~ ~ ~ Ii! LOCATION MAP \J -:+'i 1 nnOl. .at. rntarr'\et Planning Building and Development . Memorandum To: Darlene L. Burcham, City Manager R. Brian Townsend, Assistant City Manager Date: January 16, 2009 Tom Carr, Director of Planning, Building and Development ~~ ~"\...,.. From: Subject: Anstey - Hodge Rezoning Public Information and Notice Timeline Below please find a timeline for the series of public information meetings, mailings, notices, and hearings related to the rezoning request for 120 Commonwealth Avenue, N.E. With the exception of the first meeting on the list, the series of mailings and notices from the City is standard practice. If you have any questions or need additional information, please let me know. August 14, 2008 - Economic Development Administrator Brian Brown held a meeting with leaders from the Gainsboro neighborhood to discuss the sale and use of the facility at the Higher Ed Center Room 403 at 3 p.m. Attending the meeting were M.A. & M.B. Roberts, V. Lee Wolfe, Constance Crutchfield and Evelyn Bethel. November 6,2008 - Planning Department receives the rezoning request and mails a "Request for Comment" form, including a copy of the rezoning application, to the Gainsboro Neighborhood Association, Gainsborough Southwest Neighborhood Organization, and Historic Gainsboro Preservation District. November 16, 2008 - Planning Department received a letter from the Gainsboro Neighborhood Alliance in support of the rezoning. The letter is signed by V. Lee Wolfe. November 24, 2008 - Planning Commission rezoning public hearing notices were mailed to the adjoining property owners and to V. Lee Wolfe, Gainsboro Neighborhood Association; Constance Crutchfield, Gainsborough Southwest Neighborhood Organization; and Evelyn Bethel, Historic Gainsboro Preservation District. December 2 and 9, 2008 - Newspaper notices of the Planning Commission public hearing were published in the Roanoke Times. " December 8, 2008 - A Planning Commission rezoning public hearing notice sign was posted on the property. December. 12, 2008 - Neighborhood Services emails notice of the December 18 Planning Commission Meeting to all neighborhood organizations. The notice includes links to the agenda and support materials. December 15, 2008 - Historic Gainsboro Preservation District, Inc. and Gainsborough Southwest Community Organization submit a letter objecting to the rezoning. The letter acknowledges the August 14 meeting with Brian Brown, but states that rezoning was not mentioned. , December 18, 2008 - Planning Commission holds its public hearing. Alice Roberts, Evelyn Bethel, Helen Davis and Margaret Roberts speak. Their comments are attached. December 29, 2008 - The City Clerk mailed City Council public hearing notices to the adjoining property owners and the Gainsboro Neighborhood Association, Gainsborough Southwest Neighborhood Organization (GSNO), Historic Gainsboro Preservation District, and to the Roberts sisters in addition to the notice mailed to the GSNO. January 5 and 12, 2009 - Advertisements of the City Council public hearing . were published in the Roanoke Times. c: Brian Brown, Economic Development Administrator Chris Chittum, Planning Administrator Martha Franklin, Secretary, City Planning Commission