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HomeMy WebLinkAboutCouncil Actions 10-22-09LEA 38624- 102209 ROANOKE CITY COUNCIL REGULAR SESSION OCTOBER 22, 2009 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order - -Roll Call. Council Member Cutler was not present when roll was called. MEETING WAS DECLARED IN RECESS AND RECONVENED AT 4:30 P.M., IN THE COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING. *** RECONVENED *** Call to Order. All Present. The Invocation was delivered by The Reverend Andy Rice, Senior Pastor, Mineral Spring Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. Welcome. Mayor Bowers. NOTICE: Today's Council meeting will be televised live and replayed on RVTV Channel 3.on Saturday, October 24 at 4:00 p.m., and Sunday, October 25 at 7:00 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. ROAN OKEVA. GOV, CLICK ON THE SERVICE ICON, CLICK 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. PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE. 2 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: 4. CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. The following individuals appeared before the Council: Ingrid Smith Tulley Rosen Chris Craft Bernard Basham Stark Jones 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 A communication from Mayor David A. Bowers requesting that Council convene in a Closed Meeting to discuss the 2009 Citizen of the Year Award, pursuant to Section 2.2 -3711 (A)(10), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. WITHDRAWN DURING CLOSED MEETING. C -2 Report of qualification of Heather R. Gerbus as a member of the Youth Services Citizen Board for a term ending May 31, 2012. RECOMMENDED ACTION: Received and filed. A written communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the award of a public contract involving the expenditure of public funds, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2- 37- 11(A)(29), Code of Virginia (1950), as amended. Council concurred in the request. 3 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. ITEMS RECOMMENDED FOR ACTION: 1. Acceptance of the United States Department of Health and Human Services Runaway and Homeless Youth Basic Center Program Grant; and appropriation of funds. Adopted Resolution No. 38624102209 and Budget Ordinance No. 38625- 102209. (7 -0) 2. Authorization to grant a 15 -foot wide utility easement to Appalachian Power Company, for underground electric service to the new Fire Station No. 5 located at 1920 Orange Avenue, N. W. Adopted Ordinance No. 38626- 102209. (6 -1, Mayor Bowers voting no.) 3. Approval of Greater Roanoke Transit Company Smart Way Commuter Service daily and monthly pass fare increases. Adopted Resolution No. 38627 - 102209. (7 -0) COMMENTS BY CITY MANAGER. The City Manager expressed appreciation for a successful Virginia Municipal Conference which was hosted by the City on October 18 — 21, 2009. She spoke about the plight of recipients receiving federal Section 8 funds, noting that HUD has insufficient funds for the remaining 2009 calendar year. Ms. Burcham indicated that information had been shared with the Director of Human Services for possible assistance along with other local social services agencies. Il The City Manager was instructed to draft correspondence to the City's congressional delegation to support approval a pending amendment to the appropriations bill that would allow the Secretary of the Housing and Urban Development Secretary to use 2010 funds to cover the 2009 shortfall. b. DIRECTOR OF FINANCE: Authorization to issue refunding bonds not to exceed $50 million. Adopted Resolution No. 38628- 102209. (7 -0) 8. REPORTS OF COMMITTEES: a. A report of the Roanoke City School Board requesting appropriation of funds for various 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 Budget Ordinance No. 38629- 102209. (7 -0) 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: a. Ordinance No. 38623, on second reading, appropriating funds in connection with the Countryside Golf Course capital improvements. Adopted Budget Ordinance No. 38623- 102209. (5 -2, with Council Members Mason and Rosen voting no.) 11. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and /or comments by the Mayor and Members of City Council. Council Member Trinkle complimented City staff on a successful VML Conference. He requested an update regarding the arts /cultural district. Inasmuch as he would not be present at the 7:00 p.m. session, he noted his support of an architectural membrane structure to serve as a gymnasium and indoor play area at Grandin Court Elementary School. He also referred to the article regarding a hot dog vendor not be allowed to conduct business on public property and suggested that the issue of allowing vendors to sell food on public property be revisited with the incoming President of Downtown Roanoke, Inc.; and reviewed by Director of Parks and Recreation, Mill Mountain Advisory Committee, and Parks and Recreation Advisory Committee. In addition, he asked for prayers for Morgan Harrington, a Virginia Tech student, who had been reported missing; and announced a prayer vigil at Northside High School. He stated that a new information tip line was available should anyone have any information pertaining to Ms. Harrington's whereabouts. Congratulations were expressed to Council Member Trinkle on his pending appointment as Chairman of the Roanoke Valley - Alleghany Regional Commission. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. NONE. At 5:50 p.m., the Council Meeting was declared in recess for a Closed Meeting in the Council's Conference Room. Mayor Bowers withdrew his request for a Closed Meeting to discuss the Citizen of the Year Award. (Council Member Trinkle and Vice -Mayor Lea left during the Closed Meeting.) CERTIFICATION OF CLOSED MEETING. (5 -0, Council Member Trinkle and Vice -Mayor were absent.) AT 6:26 P.M., THE COUNCIL MEETING WAS DECLARED IN RECESS AND RECONVENED AT 7:00 P.M., IN THE CITY COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING. Co ROANOKE CITY COUNCIL REGULAR SESSION OCTOBER 22, 2009 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order - -Roll Call. Council Member Trinkle was absent. 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: Tonight's Council meeting will be televised live and replayed on RVTV Channel 3 on Saturday, October 24 at 4:00 p.m., and Sunday, October 25 at 7:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. A. PUBLIC HEARINGS: 1. Request of Fralin Companies, Inc., to rezone properties located on Gatewood Avenue and McVitty Road, S. W., from R -7, Residential Single Family District, to MX, Mixed Use District, for uses as permitted in the zoning district, subject to certain proffered conditions. Sean Horne, Balzer and Associates, Spokesperson. Public hearing continued until Monday, November 16, 2009, at 7:00 p.m. 7 2. Request of CAV Roanoke Property Partnership, LLC, to repeal existing conditions as set forth in Ordinance No. 37791 - 052107, on property at 2924 Roberts Road, S. W., and to rezone the property from CG, Commercial General District, to MX, Mixed Use District, subject to certain proffered conditions. Maryellen F. Goodlatte, Esquire, Spokesperson. Adopted Ordinance No. 38630- 102209. (6 -0) 3. Request of the City of Roanoke to amend the Institutional Planned Unit Development Plan for property located at 2815 Spessard Avenue, S. W., to allow for an addition of an architectural membrane structure to serve as a gymnasium and indoor play area at Grandin Court Elementary School. Darlene L. Burcham, City Manager. Adopted Ordinance No. 38631- 102209. (6 -0) 4. Proposal of the City of Roanoke to lease approximately 290 square feet of City -owned property located in the Roanoke City Market Building to Penick, Incorporated, d /b /a New York Subs, on a month to month basis beginning November 1, 2009, not to exceed one year. Darlene L. Burcham, City Manager. Adopted Ordinance No. 38632- 102209. (6 -0) 5. Proposal of the City of Roanoke for change in personal property tax rate for aircraft weighing 20,000 pounds or more; and to establish personal property tax incentive for owners of "clean special fuel" vehicles. Darlene L. Burcham, City Manager. Adopted Ordinance Nos. 38633- 102209 and 38634- 102209. (6 -0) B. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. C. ADJOURNMENT - 7:33 P.M. ANN H. SHAWVER, CPA Director of Finance October 22, 2009 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 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice -Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, 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: JOHN W. BINGHAM Assistant Director of Finance ANDREA F. TRENT Assistant Director of Finance Regretfully, I will be unable to attend the October 22, 2009 City Council meeting; one of our Assistant Directors of Finance, .John W. Bingham, will be sitting in for me. I will be in Charlottesville attending the Virginia Government Finance Officers' Association (VGFOA) Conference where I will be inducted as the Virginia Chapter President during the business meeting on Thursday. My best wishes for a successful and productive meeting! Sincerely, row �� f Ann H. Shawver Director of Finance c: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Stephanie M. Moon, City Clerk T. Drew Harmon, Municipal Auditor ,. 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 DAVID A. BOWERS Fax: (540) 853 -1145 Mayor October 22, 2009 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members-of Council: Council Members M' Rupert Cutler Sherman P. Lea Gwen W. Mason Anita J. Price Court G. Rosen David B. Trinkle This is to advise you that I will not be present at the 7:00 p.m. session of Council on Thursday, October 22, 2009, inasmuch as I am the incoming Chair and will be in attendance at the Annual Roanoke Valley - Alleghany Regional Dinner at the Vinton War Memorial. Best wishes for a successful meeting. 'ncerely, - b1AF avid B. Trinkle Council Member /ctw Darlene L. Burcham City Manager Roanoke, Virginia. Dear Ms. Burcham: JONATHAN E. CRAFT' Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk At the regular meeting of the Council held on Thursday, October 22' 2009, Ingrid Smith and Tuly Rosen appeared before the Council concerning safety issues at the Trust House. Without objection by the Council, the complaints were referred to the City Manager for investigation and response back to the Council. Sincerely, 0). '� �r�) 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 -1145 ?roanokeva.gov STEPHANIE M. MOON, CMC City Clerk October 28, 2009 Darlene L. Burcham City Manager Roanoke, Virginia. Dear Ms. Burcham: JONATHAN E. CRAFT' Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk At the regular meeting of the Council held on Thursday, October 22' 2009, Ingrid Smith and Tuly Rosen appeared before the Council concerning safety issues at the Trust House. Without objection by the Council, the complaints were referred to the City Manager for investigation and response back to the Council. Sincerely, 0). '� �r�) Stephanie M. Moon, CMC City Clerk AM OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 364 Roanoke, Virginia 24011 54o•853.2333 www.roanokeva.gov December 8., 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice -Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anita j. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Subject: Trust House Complaints Dear Mayor Bowers and Members of Council: The following report provides the City's review of the complaints concerning Trust House made by Ms. Ingrid Smith and Ms. Tuly Rosen at the October 22, 2009, City Council meeting. Ms. Smith had been a client of Trust House; Ms. Rosen had been an employee. On October 28th, Carol Tuning, Human Services`, Coordinator, and Sherman Pennix, Budget Business Analyst, visited Trust House and met with Daren Gunter, Trust House Executive Director. Mr. Gunter was provided a summary of the individuals' comments taken from the tape of the Council meeting and asked to respond in writing to Frank Baratta, Budget Team Leader, by October 30th. As part of the visit, Ms. Tuning and Mr. Pennix toured the facility, spoke briefly to some of the residents and reviewed the condition of the agency's client files. On October 30th, Mr. Gunter provided the written response as had been requested. Ms. Tuning and Mr. Pennix found all areas of the facilities to be clean, neat and well organized. In regard to an incident mentioned to Council by Ms. Smith, a ladder was observed in one bathroom, but was securely mounted against the wall and did not appear to be a safety .hazard. Resident rules are in writing, chore lists show a distribution of duties among residents and house heating was pre -set at 70 degrees, with controls within a security cover. Staff positions are subject to written employee job descriptions. The residents encountered during the visit were complimentary about Trust's services. Records were maintained in an orderly manner in a locked filing cabinet. However, Mr. Gunter declined to provide Ms. Smith's or Ms. Rosen's files to Ms. Tuning and Mr. Pennix for review due to confidentiality concerns. Mr. Gunter's written response disputes the complainants' allegations. Regarding the dismissal of Ms. Rosen, the response indicates that it occurred during her probationary period and was for failure to adequately perform the essential duties of her position. Mr. Gunter indicates that, contrary to Ms. Rosen's allegations, Child Protective Services was called when a female resident with a child was evicted, that requesting that Ms. The Honorable Mayor and Members of Council December 8, 2009 . Page 2 Rosen handle an eviction was within Trust's policies, that no records have been destroyed and that no clients were threatened with eviction or have been evicted for evidencing an intent to testify or otherwise support Ms. Rosen at her court hearing related to an encounter at Trust House with the evicted client. Several of the allegations made by the complainants relate to matters of internal operating procedures in which the City has no authority to require action on the part of Trust House. However, two key issues extend beyond such internal operations and are relevant because of the federal funds assisting the agency or because of potential violations of civil rights: (1) Were client records destroyed and (2) Were clients threatened with reprisals if they testified or otherwise supported Ms. Rosen? To follow up on these key matters, Mr. Baratta spoke directly by phone with Ms. Rosen several times during early -to -mid November to obtain additional information regarding the specific records alleged to have been destroyed and the names of clients alleged to have been threatened with reprisals, so that the presence of such records and any evidence of evictions or other negative actions could be determined at a subsequent visit. Ms. Rosen agreed to e-mail Mr. Baratta pertinent information. This information was not received. Mr. Baratta made additional attempts to contact Ms. Rosen by phone, culminating in a letter being sent to her on November 25`h, to which there has been no response. Given the results to date and the absence of a response from Ms. Rosen, I believe we have gone as far as is appropriate on this matter. While we will remain attuned for any future complaints regarding Trust, unless I receive objections from a majority of the Council by December 10`h, I will instruct staff to discontinue further inquiries. Respectfully subLmitted, Darlene L. B rcham 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 y: DAVID A. BOWERS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.W., SUITE 452 ROANOKE, VIRGINIA 24011 '1594 TELEPHONE: (540) 853 -2444 FAX: (540) 853 -1145 October 22, 2009 The Honorable Vice -Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: This is to request a Closed Meeting to discuss the Citizen of the Year, pursuant to Section 2.2 -3711 (A)(10), Code of Virginia'(1950), as amended. Sincerely, David A. Bowers Mayor DAB:ctw GOA 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 STEPHANIE M. MOON, CMC E -mail: clerk@roanokeva.gov City Clerk October 27, 2009 Sherman P. Lea, Jr., Chair Youth Services Citizen Board 3773 Norway Avenue, N. W. Roanoke, Virginia 24017 Dear Mr. Lea: Jonathan E. Craft Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk This is to advise you that Heather R. Gerbus has qualified as a member of the Youth Services Citizen Board for a term ending May 31, 2012. Sincerely, J�j (,,,, t-Y, , YYu 11,J Stephanie M. Moon, CMC City Clerk pc: Steve Buschor, Director, Parks and Recreation Jonathan E. Craft, Deputy City Clerk_ Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Heather R. Gerbus, 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 Youth Services Citizen Board, for a term ending May 31', 2012, according to the best of my ability (So help me God). Subscribed and sworn to before me this6ay ofOCA— 2009. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT BY , CLERK K:'voath and leaving serviceNouth Ser Citizen Board \Heather R. Gerbus May 31 2012.doc ,.� CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building a . 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011 -1591 Telephone: (540) 853 -2333 Fax: (540) 853 -1138 City Web: www.roanokeva.gov October 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 for the discussion of the award of a public contract involving the expenditure of public funds, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to § Sec. 2.2- 3711.A.29, of the Code of Virginia (1950), as amended. Respectfully submitted, Darlene L. Bu am City Manager DLB /lsc c: William M. Hackworth, City Attorney Ann Shawver, Director of Finance 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 STEPHANIE M. MOON, CMC E -mail: clerk@roanokeva.gov City Clerk October 28, 2009 Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Dear Ms. Burcham and Mr. Hackworth: JONATHAN E. CRAFT Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk At the regular meeting of the Council of the City of Roanoke held on Thursday, October 22, 2009, Stark Jones, owner,.) B's Restaurant and Lounge, appeared and expressed concern regarding the presence of alcohol on the premises while operating his establishment as a teenage dance hall on certain week -ends; and requested that the City Code be amended to permit clubs to operate on premises where alcohol is stored, as long as the alcohol is secured and not made available to attendees. The matter was referred to the City Manager and City Attorney for review, report and response to the Council as soon as possible. Sincerely, Stephanie M. Moon, CMC City Clerk E�' fo IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd day of October, 2009. No. 38625 - 102209. AN ORDINANCE to appropriate funding from the Federal government for the Runaway and Homeless Youth Act Grant, amending and reordaining certain sections of the 2009 -2010 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 2009 -2010 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Employee Salaries 35- 630 -5160 -1002 $ 62,501 City Retirement 35- 630 -5160 -1105 9,638 FICA 35- 630 - 5160 -1120 4,781 Medical Insurance 35- 630 - 5160 -1125 9,600 Dental Insurance 35- 630 - 5160 -1126 548 Life Insurance 35- 630 - 5160 -1130 513 Disability Insurance 35- 630 - 5160 -1131 208 Telephone Cellular 35- 630 - 5160 -2021 1,320 Administrative Supplies 35- 630 -5160 -2030 1,850 Training and Development 35- 630 - 5160 -2044 5,825 Local Mileage 35- 630 - 5160 -2046 990 Program Activities 35- 630 - 5160 -2066 13,387 Revenues Runaway & Homeless Grant FY10 35- 630 - 5160 -5160 93,603 Runaway & Homeless Grant FY10 — Local 35- 630 - 5160 -5161 17,558 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATT T: City Clerk. At IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of October, 2009. No. 38624- 102209. A RESOLUTION authorizing the acceptance of a grant from the U.S. Department of Health and Human Services to be used for salary and fringe benefits of counselors and related activities in the Sanctuary Outreach Program; and authorizing the execution of the necessary documents. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the U.S. Department of Health and Human Services, Basic Center Program Grant (No. 90CY2428/01) for Sanctuary's Runaway and Homeless Youth Outreach Program, in an annual amount of $93,603, with a required annual local match of $17,558, for three years, for a total grant amount of $280,809, with a total local match of $52,674, to be used for salary and fringe benefits of counselors and related activities in the Sanctuary Outreach Program. The period for this grant to begin September 30, 2009, and end September 29, 2012, and as more particularly set forth in the City Manager's letter to this Council dated October 22, 2009. 2. The City Manager is hereby authorized to execute any and all requisite documents, upon form approved by the City Attorney, and to furnish such additional information as may be required in connection with the City's acceptance of this grant. ATTEST: K:\David \Council Work\R- Runaway and Homeless2009.10- 22- 09.doc City Clerk. CITY OF ROANOKE =' ," 'o 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 October 22, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable Anital Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Acceptance of the U.S. Department of Health and Human Services - Runaway and Homeless Youth Basic Center Program Grant Background: The U.S. Department of Health and Human Services awards grants for services in three -year cycles. The City of Roanoke has been selected as a grantee for the first year of a three year funding cycle for the Basic Center Program grant, which is authorized through the Runaway and Homeless Youth Act and administered through the Family and Youth Services Bureau. The amount of the grant is $93,603 annually, with an annual local match of $17,558, for a total of $111,161. The project period for this grant began September 30, 2009 and will end on September 29, 2012. For the three year grant period, the Federal Award is $280,809 and the required three year local match is $52,674. These federal grant funds are used to cover eighty percent of the salary and fringe benefits of a Youth Counselor III, a Youth Counselor II, and related program activities in the Sanctuary Outreach program. The remaining twenty percent of the funding is available to be transferred from the Grant Matching Fund account (35 -300- 9700- 5415). Additional required local match is offered as in -kind services. Honorable Mayor and Members of City Council October 22, 2009 Page 2 The focus of this program is to alleviate the problems of runaways and homeless youth and their families, strengthen family relationships and encourage stable living conditions. The early intervention of Sanctuary Outreach staff in a combination of shelter based and home based services offers runaway and homeless youth and their families, supportive services that will decrease the incidence of repeat runaway episodes. Program services include: 24 hour intake and referral access, temporary shelter, individual, group and family counseling, community service linkages, aftercare services, case disposition and recreation opportunities. Recommended Action(s): Adopt a resolution accepting the U.S. Department of Health and Human Services, Basic Center Program Grant # 90CY2428/01 for Sanctuary's Runaway and Homeless Youth Outreach program. Authorize the City Manager to execute any forms required by the Department of Health and Human Services in order to accept these funds; such documents to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish revenue estimates for Federal grant funds of $93,603 and Local funds of $17,588 in the Grant Fund. Local funds will be transferred from the Grant Matching Account fund (35 -300- 9700- 5415). Appropriate funding in the amount of $111,161 to expenditure accounts to be established by the Director of Finance as detailed in Attachment A. Respectfully submitted, Darlene L. B cham 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 Jane R. Conlin, Director of Human /Social Services CM09 -00186 Attachment A U.S. Department of Health and Human Services – RHY – BCP 2009 -2010 Account Set -up Transactions Account No. Description Amount Federal Revenue - 2009/2010 RHY BCP grant # 90CY2428/01 $93,603.00 Local Revenue - Transfer from Grant Matching Account Fund (35- 300 -9700- 5415 ) $17,558.00 Total revenue $111,161.00 Expenditures: 1002 Regular Salaries $ 62,501.00 1105 Retirement $ 9,638.00 1120 FICA $ 4,781.00 1125 Health $ 9,600.00 1126 Dental $ 548.00 1130 Life $ 513.00 1131 Long term disability $ 208.00 2021 Telephone Cellular $ 1,320.00 2030 Administrative Supplies $ 1,850.00 2044 Training and Development $ 5,825.00 2046 Local Mileage $ 990.00 2066 Program Activities Total expenditures $ 13,387.00 $111,161.00 0/x IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd day of October, 2009. No. 38626- 102209. AN ORDINANCE authorizing the conveyance of a fifteen -foot wide above ground and underground utility easement across City -owned property located at 1920 Orange Avenue, N.W., designated as Tax Map No. 2322001, to Appalachian Power Company, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, the necessary documents providing for the conveyance of a fifteen -foot wide above ground and underground utility easement across City -owned property located at 1920 Orange Avenue, N.W., designated as Tax Map No. 2322001, to Appalachian Power Company, to provide electric service to the City's new Fire Station No. 5, as more particularly set forth in the City Manager's letter to this Council dated October 22, 2009. 2. All documents necessary for this conveyance shall be in a form approved by the City Attorney. 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: 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 October 22, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, 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 of Appalachian Power Company for Easement on City - owned Property - Roanoke Fire /EMS Station No. 5 Appalachian Power Company has requested a fifteen -foot wide above ground and underground utility easement across City -owned property located on 1920 Orange Avenue, NW, to provide underground electric service to the City's new Fire Station No. 5. No public hearing is required. The proposed deed of easement is attached as Attachments #1 & #2. Recommendation: Authorize the City Manager to execute the deed of easement as described above to Appalachian Power Company, approved as to form by the City Attorney. Respectfully submitted, Darlene L. Burcham City Manager Attachments cc: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Philip C. Schirmer, City Engineer CM09 -00185 MAP NO. 3780 - 253 -C2 PROPERTY NO. 1 EAS NO. W. 0. NO. W001884801 JOB NO. 09 100089 THIS AGREEMENT, made this 1st day of October , 2009, by and between the CITY OF ROANOKE, a municipal corporation existing under the laws of the Commonwealth of Virginia, herein called "GRANTOR," and APPALACHIAN POWER COMPANY, a Virginia corporation, herein called "APPALACHIAN." WITNESSETH: THAT FOR AND IN CONSIDERATION of the sum of ONE DOLLAR ($1.00), the receipt of which is hereby acknowledged, the GRANTOR hereby gives license and permit to APPALACHIAN, its successors and assigns, and the right, privilege and authority to said APPALACHIAN, its successors and assigns, to construct, erect, operate, and maintain a line or lines for the purpose of transmitting electric power underground on the property of the City of Roanoke, further identified as Roanoke City Tax Parcel number 2322001 in the City of Roanoke, Virginia BEING a right of way and easement, in, on, along, through, across or under said lands for the purpose of providing service to the Roanoke Fire -EMS Station 5 located at 1920 Orange Avenue, N.W., as shown shaded on that certain Appalachian Power Company Drawing V -2040 dated 10/1/09, entitled "Proposed Right of Way on the Property of City of Roanoke ", attached hereto and made a part hereof. TOGETHER with the right to said APPALACHIAN, its successors and assigns, to construct, erect, install, place, operate, maintain, inspect, repair, renew, remove, add to the number of, and relocate at will, underground conduits, ducts, vaults, cables, wires, transformers, pedestals, THIS INSTRUMENT PREPARED BY AND UPON RECORDATION RETURN TO APPALACHIAN POWER COMPANY, P.O. BOX 2021, ROANOKE, VA 24022 -2121 Page 1 risers, pads, fixtures and appurtenances (hereinafter called " Appalachian's Facilities "), in, on,along, over, through, across and under the above referred to premises; the right to disturb the surface of said premises and to excavate thereon, and to cut down, trim, clear and/or otherwise control, and at Appalachian's option, remove from said premises any trees, shrubs, roots, brush, undergrowth, overhanging branches, buildings or other obstructions which may endanger the safety of, or interfere with the use of Appalachian's Facilities, and the right of ingress and egress to and over said above referred to premises and any of the adjoining lands of the Grantors at any and all times, for the purpose of exercising and enjoying the rights herein granted, and for doing anything necessary or useful or convenient in connection therewith, The Grantor hereby grants, conveys and warrants to Appalachian Power Company a non- exclusive right of way easement for electric facilities. APPALACHIAN agrees to restore and repair any damage to GRANTOR'S property that may be caused by the construction, operation, or maintenance of said easement. The GRANTOR agrees that APPALACHIAN will not be expected to restore the property to the identical original condition, but rather as near thereto as is reasonably practicable. In the event APPALACHIAN should remove all of said Appalachian's facilities from the lands of the GRANTOR, then all of the rights, title and interest of the parry of'APPALACHIAN in the right of way and license hereinabove granted, shall revert to the GRANTOR, its successors and assigns. APPALACHIAN agrees to indemnify and save harmless the GRANTOR against any and all Ioss or damage, accidents, or injuries, to persons or property, whether of the GRANTOR or any other person or corporation, arising in any manner from the negligent construction, operations, or maintenance, or failure to properly construct, operate, or maintain said Appalachian's facilities. TO HAVE AND TO HOLD the same unto Appalachian Power Company, its successors and assigns. Upon recordation of this agreement Appalachian accepts the terms and conditions contained therein. Page 2 NOTICE TO LANDOWNER: You are conveying rights to a public service corporation. A public service corporation may have the right to obtain some or all of these rights through exercise of eminent domain. To the extent that any of the rights being conveyed are not subject to eminent domain, you have the right to choose not to convey those rights and you could not be compelled to do so. You have the right to negotiate compensation for any rights that you are voluntarily conveying. WITNESS the signature of the City of Roanoke by Darlene L. Burcham, its City Manager, and its municipal seal hereto affixed and attested by Stephanie M. Moon, its City CIerk pursuant to Ordinance No. ATTEST: CITY CLERK STATE OF VIRGINIA ) ) TO -WIT: CITY OF ROANOKE ) adopted on CITY OF ROANOKE CITY MANAGER I, , a Notary Public in and for the City and Commonwealth At Large, do certify that and City Manager and City Clerk, respectively, of the City of Roanoke, whose names as such are signed to the writing above, bearing date the day of 20 , have each acknowledged the same before me in my jurisdiction aforesaid. Given under my hand this My Commission. Expires: Approved as to Form: Assistant City Attorney Page 3 day of . 20 Notary Public Reg. No. Approved as to Execution: Assistant City Attorney 0 0 �0 rn Mm cn - --o< W 0,0 gJ U U v a Cl w o� MELROSE AVENUE N.W. cn oQ (80' RIGHT OF WAY) L4 CD N g'•: I I I I ' r�t1 tiaa;.a ❑ a ° o� c '2 � x1' I O m B �3K. —{ -2f I v Z 14.a ;g c p, �i a 661 1 R 1 m� sl 04� I o 5-Lt- o Z y O $ — - -- . _ � — - — nro�� ieoao' — — — — .i ono - I- X ;u C O — I ORANGE AVENUE N.W. fV0 n m = (60' RIGHT OF WAY) Z � C � ��0 m$ mph IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd -day of October, 2009. No. 38627- 102209. A RESOLUTION approving and establishing an increase to the daily one way fare and to the monthly pass fare for the Greater Roanoke Transit Company (GRTC), dba Valley Metro, Smart Way Commuter Service; establishing an effective date; and authorizing the City Manager to take any necessary action to accomplish the implementation, administration, and enforcement of such fare increases. WHEREAS, the GRTC Board of Directors has approved and adopted an increased daily one way fare from $3.00 to $4.00 and an increased monthly pass fare from $100.00 to $120.00 for GRTC's Smart Way Commuter Service as set forth in the City Manager's letter dated October 22, 2009, to this Council; and WHEREAS, GRTC has requested that City Council establish and approve such fare increases as mentioned above pursuant to Section 34 -22 (a) of the Code of the City of Roanoke. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council hereby approves and establishes the increased daily one way fare from $3.00 to $4.00 and the increased monthly pass fare from $100.00 to $120.00 for GRTC's Smart Way Commuter Service that was approved and adopted by the GRTC Board of Directors, all as set forth in the City Manager's letter dated October 22, 2009, such fare increases to be effective when the new Smart Way MCI Coaches are placed in service, which is anticipated to be in January 2010. 2. The City Manager is hereby authorized to take any necessary action to accomplish the implementation, administration, and enforcement of such fare increases as set forth above. R -GRTC Smart Way pass increase- 2009.doc 1 3. The City Clerk is directed to certify a copy of this Resolution to the General Manager of GRTC. ATTEST: City Clerk. R -GRTC Smart Way pass increase- 2009.doe 2 CITY OF ROANOKE t = 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 October 22, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, 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: GRTC Smart Way Commuter Service Fare Increase Background: As required by Section 34 -22(a) of the Code of the City of Roanoke, the Greater Roanoke Transit Company (GRTC) has requested that City Council concur in the adoption of a new daily one way fare and monthly pass fare for the Smart Way Commuter Service. The current daily one way fare is $3.00, GRTC is recommending an increase to $4.00. The current monthly pass fare is $100.00, GRTC is recommending an increase to $120.00. Greater Roanoke Transit Company's 2009/10 fiscal year budget recommended a fare increase for the Smart Way daily one way service from $3.00 to $4.00 and a fare increase for the monthly pass from $100.00 to $120.00. The Smart Way Advisory Committee recommended that the fare increases become effective when the new Smart Way MCI Coaches are placed in service, which is anticipated to be in January 2010. After public advertisements, public hearings on the proposed Smart Way daily one way fare and monthly pass fare increases were conducted on September 16, 2009, in Montgomery County and on September 17, 2009, in the City of Roanoke. The results of those public hearings were transmitted to the GRTC Board of Directors for its October 22, 2009, Board meeting at which time the Honorable Mayor and Members of City Council October 22, 2009 Page 2 Board was requested to approve such fare increases. Following approval of such increases by the GRTC Board, City Staff recommends Council also approve and establish such fare increases. Recommendation: Approve and establish the recommended Smart Way Commuter Service daily one way fare increase from $3.00 to $4.00 and the monthly pass fare increase from $100.00 to $120.00, as set forth above, effective as of the time period mentioned above. Authorize the City Manager to take any necessary action to accomplish the implementation, administration, and enforcement of such fare increases as set forth above. Respectfully submitted, Darlene L. Burcham City Manager c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance ,James Grigsby, Assistant City Manager for Operations Carl L. Palmer, General Manager of Valley Metro CM09 -00190 STEPHANIE M. MOON, CMC City Clerk The Honorable Brenda S Clerk of Circuit Court Roanoke, Virginia Dear Ms. Hamilton: 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 Hamilton October 28, 2009 JONATHAN E. CRAFT Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk I am attaching a certified copy of Resolution No. 38628- 102209 authorizing the issuance and sale of not to exceed $50,000,000.00, principal amount of City of Roanoke, Virginia, General Obligation Public Improvement Refunding Boards; authorizing the sale of such bonds at competitive or negotiated sale; fixing the form, denomination and certain other details of such bonds; delegating to the City Manager and the Director of Finance certain powers with respect thereto, including the power to select the underwriters if such bonds are sold at negotiated sale; authorizing the City to enter into one or more bond purchase contracts by and between the City and such underwriters relating to such bonds; authorizing the City Manager and the Director of Finance to execute and deliver such bond purchase contracts; authorizing the preparation of a preliminary official statement and an official statement and the delivery thereof to the purchasers of such bonds; authorizing the execution and delivery of a continuing disclosure certificate relating to such bonds; authorizing the City Manager and the Director of Finance to appoint an escrow agent; authorizing the execution and delivery of an escrow deposit agreement by and between the City and such escrow agent relating to the refunded bonds; authorizing the City Manager and the Director of Finance to appoint a verification agent; authorizing the City Manager and the Director of Finance to designate the refunded bonds for redemption; and otherwise providing with respect to the issuance, sale and delivery of such bonds and the refunding of the refunded bonds. Pursuant to provisions of Section 11 of Resolution No. 38628- 102209, 1 am required to file a certified true copy with the Circuit Court of the City of Roanoke, Virginia, in accordance with Section 15.2 -2607, Code of Virginia, 1950, as amended. The Honorable Brenda S. Hamilton October 28, 2009 Page 2 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting, which was held on Thursday, October 22, 2009. Sincerely, I�jpt-LL M, IT!NJ Stephanie M. Moon, CMC City Clerk Attachment PC: Donald G. Gurney, Esquire, Hawkins, Delafield & Wood, LLP, 67 Wall Street, 11 th Floor, New York, New York 10005 Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools, P. O. Box 13145, Roanoke, Virginia 24031 JoAnne Carter, Managing Director, Public Financial Management, 4350 N. Fairfax Drive, Suite 580, Arlington, Virginia 22203 Bruce M. Grant, Director of Finance, Western Virginia Water Authority, 601 S. Jefferson Street, Roanoke, Virginia 24011 Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director, Office of Management and Budget V10 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd day of October, 2009. No. 38628- 102209. A .RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF NOT TO EXCEED FIFTY MILLION DOLLARS ($50,000,000) PRINCIPAL AMOUNT OF CITY OF ROANOKE, VIRGINIA, GENERAL OBLIGATION PUBLIC IMPROVEMENT REFUNDING BONDS; AUTHORIZING THE SALE OF SUCH BONDS AT COMPETITIVE OR NEGOTIATED SALE; FIXING THE FORM, DENOMINATION AND CERTAIN OTHER DETAILS OF SUCH BONDS; DELEGATING TO THE CITY MANAGER AND THE DIRECTOR OF FINANCE CERTAIN POWERS WITH RESPECT THERETO, INCLUDING THE POWER TO SELECT THE UNDERWRITERS IF SUCH BONDS ARE SOLD AT NEGOTIATED SALE; AUTHORIZING THE CITY TO ENTER INTO ONE OR MORE BOND PURCHASE CONTRACTS BY AND BETWEEN THE CITY AND SUCH UNDERWRITERS RELATING TO SUCH BONDS; AUTHORIZING THE CITY MANAGER AND THE DIRECTOR OF FINANCE TO EXECUTE AND DELIVER SUCH BOND PURCHASE CONTRACTS; AUTHORIZING THE PREPARATION OF A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT AND THE DELIVERY THEREOF TO THE PURCHASERS OF SUCH BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE CERTIFICATE RELATING TO SUCH BONDS; AUTHORIZING THE CITY MANAGER AND THE DIRECTOR OF FINANCE TO APPOINT AN ESCROW AGENT; AUTHORIZING THE EXECUTION AND DELIVERY OF AN ESCROW DEPOSIT AGREEMENT BY AND BETWEEN THE CITY AND SUCH ESCROW AGENT RELATING TO THE REFUNDED BONDS; AUTHORIZING THE CITY MANAGER AND THE DIRECTOR OF FINANCE TO APPOINT A VERIFICATION AGENT; AUTHORIZING THE CITY MANAGER AND THE DIRECTOR OF FINANCE TO DESIGNATE THE REFUNDED BONDS FOR REDEMPTION; AND OTHERWISE PROVIDING WITH RESPECT TO THE ISSUANCE, SALE AND DELIVERY OF SUCH BONDS AND THE REFUNDING OF THE REFUNDED BONDS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, AS FOLLOWS: SECTION 1. The Council (the "Council ") of the City of Roanoke, Virginia (the "City "), hereby finds and determines as follows: (a) Pursuant to Chapter 26 of Title 15.2 of the Code of Virginia, 1950 (the same being the Public Finance Act of 1991), and resolutions adopted by this Council, there were authorized to be issued, sold and delivered the City's $44,245,000 principal amount of General Obligation Public Improvement Bonds, Series 2002A, dated February 1, 2002 and maturing in 570088.2 032173 RES varying amounts on October 1 in each of the years 2002 through 2021, both inclusive (the "Series 2002A Bonds "). (b) Pursuant to the Public Finance Act of 1991, and resolutions adopted by this Council, there were authorized to be issued, sold and delivered the City's $46,000,000 principal amount of General Obligation Public Improvement Bonds, Series 2004B, dated November 15, 2004 and maturing in varying amounts on February 1 in each of the years 2006 through 2025, both inclusive (the "Series 2004B Bonds "). (c) Pursuant to the Public Finance Act of 1991, and resolutions adopted by this Council, there were authorized to be issued, sold and delivered the City's $29,555,000 principal amount of General Obligation Public Improvement Bonds, Series 2006A, dated February 8, 2006 and maturing in varying amounts on February 1 in each of the years 2007 through 2026, both inclusive (the "Series 2006A Bonds "). (d) Pursuant to the Public Finance Act of 1991, and resolutions adopted by this Council, there were authorized to be issued, sale and delivered by the City's $45,990,000 principal amount of General Obligation Public Improvement Bonds, Series 2008, dated February 5, 2008 and maturing in varying amounts on February 1 in each of the years 2009 through 2028, both inclusive, and. on February 1, 2033 (the "Series 2008 Bonds "). (e) The City has been advised by the City's Financial Advisor that the refunding in advance of their stated maturities of all or a portion of the outstanding Series 2002A Bonds, the outstanding Series 2004B Bonds, the outstanding Series 2006A Bonds and the outstanding Series 2008 Bonds and certain maturities of certain other currently outstanding issues of general obligation public improvement bonds of the City may result in annual debt service cost savings to the City, depending upon market conditions. (f) The Council desires to authorize the issuance and sale of General Obligation Public Improvement Refunding Bonds of the City to provide for the refunding in advance of their stated maturities and redemption of all or a portion of the outstanding Series 2002A Bonds, the outstanding Series 2004B Bonds, the outstanding Series 2006A Bonds and the outstanding Series 2008 Bonds and certain maturities of such other outstanding general obligation public improvement bonds, the refunding of which shall be recommended by the City's Financial Advisor (such bonds to be refunded in advance of their stated maturities being referred to hereinafter as the "Refunded Bonds "). (g) Pursuant to Article 5 of Chapter 26 of Title 15.2 of the Code of Virginia, 1950, the City is authorized to issue refunding bonds to refund all or a portion of its outstanding bonds in advance of their stated maturities. (h) In the judgment of this Council, it is necessary and expedient to authorize the issuance and sale of not to exceed Fifty Million Dollars ($50,000,000) principal amount of General Obligation Public Refunding Improvement Bonds for the purpose of refunding all or a portion of the Refunded Bonds and paying the costs related to the issuance of such General Obligation Public Improvement Refunding Bonds. -2- 570088.2 032173 RES SECTION 2. (a) Pursuant to the Public Finance Act of 1991, including in particular Title 15.2, Chapter 26, Article 5, Section 15.2 -2643 et seq., of the Code of Virginia, 1950, for the purpose of providing funds to refund the Refunded Bonds in advance of their stated maturities and to pay the costs of issuance of the Bonds (as defined herein), there are hereby authorized to be issued, sold and delivered not to exceed Fifty Million Dollars ($50,000,000) principal amount of general obligation refunding bonds of the City which shall be designated and known as "City of Roanoke, Virginia, General Obligation Public Improvement Refunding Bonds" (referred to herein as the "Bonds "). (b) The Bonds shall be issued in their entirety at one time, or from time to time in part in series, as shall be determined by the Director of Finance. There shall be added to the designation of the Bonds a series designation determined by the Director of Finance. The Bonds shall be issued in fully registered form in the denomination of $5,000 each or any integral multiple thereof. The Bonds of a given series shall be numbered from No. R -1 upwards in order of issuance. The Bonds shall bear interest from their date payable on such date and semiannually thereafter as shall be determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. The Bonds shall be issued in such aggregate principal amount (not exceeding in the aggregate the principal amount specified in Section 2(a) hereof); and shall mature on such dates and in such years (but in no event exceeding forty (40) years from their date or dates), and in the principal amount in each such year, determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. Interest on the Bonds shall be calculated on the basis of a three hundred and sixty (360) day year comprised of twelve (12) thirty (30) day months. (c) The Bonds (or portions thereof in installments of $5,000) may be made subject to redemption at the option of the City prior to their stated maturities, in whole or in part from time to time on any date, in such order as may be determined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000 of such maturity to be redeemed shall be selected by lot), upon payment of such redemption prices (expressed as a percentage of the principal amount of the Bonds to be redeemed), together with the interest accrued thereon to the date fixed for the redemption thereof, as shall be determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. (d) (i) If any Bond (or any portion of the principal amount thereof in installments of $5,000) shall be called for redemption, notice of the redemption thereof, specifying the date, number and maturity of such Bond, the date and place or places fixed for its redemption, and if less than the entire principal amount of such Bond is to be redeemed, that such Bond must be surrendered in exchange for the principal amount thereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion of the principal amount thereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the registered owner thereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty -fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption of any Bond shall have been given as aforesaid, and payment of the principal amount of such Bond (or the portion of the principal amount thereof to be redeemed) and of the accrued interest -3- 570088.2 032173 RES payable upon such redemption shall have been duly made or provided for, interest thereon shall cease to accrue from and after the date so specified for the redemption thereof. (ii) Any .notice of the optional redemption of the Bonds may state that it is conditioned upon there being on deposit with the City on the date fixed for the redemption thereof an amount of money sufficient to pay the redemption price of such Bonds, together with the interest accrued thereon to the date fixed for the redemption thereof, and any conditional notice so given may be rescinded at any time before the payment of the redemption price of such Bonds, together with the interest accrued thereon, is due and payable if any such condition so specified is not satisfied. If a redemption of any Bonds does not occur after a conditional notice is given due to there not being on deposit with the City a sufficient amount of money to pay the redemption price of such Bonds, together with the interest accrued thereon to the date fixed for the redemption thereof, the corresponding notice of redemption shall be deemed to be revoked. (iii) So long as the Bonds are in book -entry only form, any notice of redemption shall be given only to The Depository Trust Company, New York, New York ( "DTC "), or to its nominee. The City shall not be responsible for providing any beneficial owner of the Bonds any notice of redemption. SECTION 3. The full faith and credit of the City shall be and is irrevocably pledged to the punctual payment of the principal of and interest on the Bonds as the same become due. In each year while the Bonds, or any of them, are outstanding and unpaid, this Council is authorized and required to levy and collect annually, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all taxable property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay when due the principal of and interest on the Bonds to the extent other funds of the City are not lawfully available and appropriated for such purpose. SECTION 4. (a) The Bonds shall be executed, for and on behalf of the City, by the manual or facsimile signature of the Mayor of the City and shall have a facsimile of the corporate seal of the City imprinted thereon, attested by the manual or facsimile signature of the City Clerk of the City. . (b) The Director of Finance is hereby authorized to appoint a Registrar and Paying Agent for the Bonds (the "Registrar "). (c) The Director of Finance shall direct the Registrar to authenticate the Bonds and no Bond shall be valid or obligatory for any purpose unless and until the certificate, of authentication endorsed on each Bond shall have been manually executed by an authorized signator of the Registrar. Upon the authentication of any Bonds the Registrar shall insert in the certificate of authentication the date as of which such Bonds are authenticated as follows: (i) if a Bond is authenticated prior to the first interest payment date, the certificate shall be dated as of the date of the initial issuance and delivery of the Bonds of the series of Bonds of which such Bond is one, (ii) if a Bond is authenticated upon an interest payment date, the certificate shall be dated as of such interest payment date, (iii) if a Bond is authenticated after the fifteenth (15th) day of the calendar month next preceding an interest payment, date and prior to such interest 0 570088.2 032173 RES payment date, the certificate shall be dated as of such interest payment date and (iv) in all other instances the certificate shall be dated as of the interest payment date next preceding the date upon which the Bond is authenticated. In the event the dates on which interest is payable on the Bonds of any series are other than the first days of calendar months, the provisions of this Section 4(c) with regard to the authentication of such Bonds and of Section 10 with regard to the form of such Bonds shall be modified as the Director of Finance shall determine to be necessary or appropriate. (d) The execution and authentication of the Bonds in the manner above set forth is adopted as a due and sufficient authentication of the Bonds. SECTION 5. (a) The principal of and interest on the Bonds shall be payable in such coin or currency of the United States of America as at the respective dates of payment thereof is legal tender for public and private debts at the office of the Registrar. Interest on the Bonds shall be payable by check mailed by the Registrar to the registered owners of such Bonds at their respective addresses as such addresses appear on the books of registry kept pursuant to this Section 5;. provided, however, that so long as the Bonds are in book -entry form and registered in the name of Cede & Co., as nominee of DTC, or in the name of such other nominee of DTC as may be requested by an authorized representative of DTC, interest on the Bonds shall be paid directly to Cede & Co. or such other nominee of DTC.by wire transfer. (b) At all times during which any Bond of any series remains outstanding and unpaid, the Registrar for such series shall keep or cause to be kept at its office books of registry for the registration, exchange and transfer of Bonds of such series. Upon presentation at its office for such purpose the Registrar, under such reasonable regulations as it may prescribe, shall register, exchange, transfer, or cause to be registered, exchanged or transferred, on the books of registry the Bonds as hereinbefore set forth. (c) The books of registry shall at all times be open for inspection by the City or any duly authorized officer thereof. (d) Any Bond may be exchanged at the office of the Registrar for such series of Bonds for a like aggregate principal amount of such Bonds in other authorized principal sums of the same series, interest rate and maturity. (e) Any Bond of any series may, in accordance with its terms, be transferred upon the books of registry by the person in whose name it is registered, in person or by his duly authorized agent, upon surrender of such Bond to the Registrar for cancellation, accompanied by a written instrument of transfer duly executed by the registered owner in person or by his duly authorized attorney, in form satisfactory to the Registrar. (f) All transfers or exchanges pursuant to this Section 5 shall be made without expense to the registered owners of such Bonds, except as otherwise herein provided, and except that the Registrar for such series of Bonds shall require the payment by the registered owner of the Bond requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. All Bonds surrendered pursuant to this Section 5 shall be cancelled. -5- 570088.2 032173 RES (g) (i) The Bonds shall be issued in full book -entry form. One Bond representing each maturity of the Bonds will be issued to and registered in the name of Cede & Co., as nominee of DTC, or such other nominee of DTC as may be requested by an authorized representative of DTC, as registered owner of the Bonds, and each such Bond will be immobilized in the custody of DTC. DTC will act as securities depository for the Bonds. Individual purchases will be made in book -entry form only, in the principal amount of $5,000 or any integral multiple thereof. Purchasers will not receive physical delivery of certificates representing their interest in the Bonds purchased. (ii) Principal and interest payments on the Bonds will be made by the Registrar to DTC or its nominee, Cede & Co., or such other nominee of DTC as may be requested by an authorized representative of DTC, as registered owner of the Bonds, which will in turn remit such payments to the DTC participants for subsequent disbursal to the beneficial owners of the Bonds. Transfers of principal and interest payments to DTC participants will be the responsibility of DTC. Transfers of such payments to beneficial owners of the Bonds by DTC participants will be the responsibility of such participants and other nominees of such beneficial owners. Transfers of ownership interests in the Bonds will be accomplished by book entries made by DTC and, in turn, by the DTC participants who act on behalf of the indirect participants of DTC and the beneficial owners of the Bonds. (iii) The City will not be responsible or liable for sending transaction statements or for maintaining, supervising or reviewing records maintained by DTC, its participants or persons acting through such participants or for transmitting payments to, communicating with, notifying, or otherwise dealing with any beneficial owner of the Bonds. SECTION 6. (a) CUSIP identification numbers may be printed on the Bonds, but no such number shall constitute a part of the contract evidenced by the particular Bond upon which it is printed; no liability shall attach to the City or any officer or agent thereof (including any paying agent for the Bonds) by reason of such numbers or any use made thereof (including - any use thereof made by the City, any such officer or any such agent) or by reason of any inaccuracy, error or omission with respect thereto or in such use; and any inaccuracy, error or omission with respect to such numbers shall not constitute cause for failure or refusal by a purchaser of any Bonds to accept delivery of and pay for such Bonds. All expenses in connection with the assignment and printing of CUSIP numbers on the Bonds shall be paid by the initial purchasers of the Bonds. (b) A copy of the final legal opinion with respect to the Bonds, with the name of the attorney or attorneys rendering the same, together with a certification of the City Clerk, executed by a facsimile signature of that officer, to the effect that such copy is a true and complete copy (except for letterhead and date) of the legal opinion which was dated as of the date of delivery of and payment for the Bonds, may be printed on the Bonds. SECTION 7. The City covenants and agrees to comply with the provisions of Sections 103 and 141 -150 of the Internal Revenue Code of 1986 and the applicable Treasury Regulations promulgated thereunder throughout the term of the Bonds. M 570088.2 032173 RES SECTION 8. (a) Pursuant to the authority of and for the purposes specified herein, this Council hereby authorizes the City Manager and the Director of Finance, without further action of this Council, to sell the Bonds in one or more series in accordance with Section 2 at competitive or negotiated sale to the Underwriter, on or before June 30, 2010, at a price not less than ninety -seven percent (97 %) of the principal amount of the Bonds, plus accrued interest, if any, from the date of the Bonds to the date of delivery thereof and payment therefor; provided, however, that a series of the Bonds may be sold, whether at competitive or negotiated sale, only if the refunding of the Refunded Bonds will result in net present value savings to the City of not less than three percent (3 %), based on the principal amount of the related Refunded Bonds. The Bonds shall bear interest at such rates per annum as shall be approved by the City Manager and the Director of Finance; provided, however, in no event shall the true interest rate for the Bonds of any series exceed six percent (6 %) and provided further in no event shall the premium payable by the City upon the redemption of the Bonds exceed two percent (2 %) of the principal amount thereof. (b) If the Bonds are sold at competitive sale, they may be sold contemporaneously with other bonds of the City under a combined Notice of Sale. If the Bonds are sold at competitive sale, the Director of Finance is hereby authorized to cause to be published and distributed a Notice of Sale of the Refunding Bonds in such form and containing such terms and conditions as the Director of Finance may deem advisable, subject to the provisions hereof. In lieu of publishing the full text of the Notice of Sale in accordance with the provisions of the immediately preceding sentence, the Director of Finance is hereby authorized to cause a Summary Notice of Sale in such form as the Director of Finance shall approve to be published in The Bond Buyer on a date selected by the Director of Finance. (c) If the Bonds are sold at negotiated sale, the City Manager and the Director of Finance are hereby authorized to select the underwriters for the Bonds of each series (the "Underwriters ") and to sell the Bonds of each series at a negotiated sale to the Underwriters selected by the City Manager Director of Finance, and either or both of the City Manager and the Director of Finance are authorized to execute and deliver to the Underwriters one or more Bond Purchase Contracts relating to the sale of the Bonds by the City to such Underwriters. (d) The City Manager and the Director of Finance are hereby authorized to cause to be prepared and deliver to the purchasers of the Bonds a Preliminary Official Statement and a final Official Statement relating the Bonds on or before the dates specified in the Bond Purchase Contract. The City Manager and the Director of Finance are hereby further authorized to certify that the Preliminary Official Statement for the Bonds authorized hereunder is "deemed final" for purposes of Rule 15c2 -12 promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934 ( "Rule 15c2 -12). The Mayor of the City is hereby authorized to execute the final Official Statement on behalf of the City. (e) The City Manager and the Director of Finance are hereby authorized to execute and deliver to the purchasers of the Bonds a Continuing Disclosure Certificate relating to the Bonds evidencing the City's undertaking to comply with the continuing disclosure requirements of Paragraph (b)(5) of Rule 15c2 -12 in such form as shall be approved by the City Manager and the Director of Finance upon advice of counsel (including the City Attorney or -7- 570088.2 032173 RES Bond Counsel), such approval to be conclusively evidenced by their execution and delivery thereof. (f) All actions and proceedings heretofore taken by this Council, the City Manager, the Director of Finance and the other officers, employees, agents and attorneys of and for the City in connection with the issuance and sale of the Bonds are hereby ratified and confirmed. SECTION 9. (a) The City Manager and the Director of Finance are hereby authorized to enter into an Escrow Deposit Agreement in the form customarily entered into by the City in connection with advance refunding transactions providing for the redemption of the Refunded Bonds (the "Escrow Deposit Agreement ") and to appoint an Escrow Agent to serve under the Escrow Deposit Agreement. The City Manager and the Director of Finance are hereby authorized to appoint a verification agent to verify the mathematical accuracy of computations relating to the Bonds and the Refunded Bonds. (b) The City Manager and the Director of Finance, or either of them, are hereby authorized to execute, on behalf of the City, subscriptions or purchase agreements for the securities to be purchased by the Escrow Agent from moneys deposited in the Escrow Deposit Fund created and established under the Escrow Deposit Agreement. Such securities so purchased shall be held by the Escrow Agent under and in accordance with the provisions of the Escrow Deposit Agreement. The City Manager and the Director of Finance, or either of them, are hereby authorized to sell any securities held by the Escrow Agent under and in accordance with the provisions of the Escrow Deposit Agreement and to purchase securities in lieu of and in substitution therefor. (c) Subject to the sale and receipt of the proceeds of the Bonds, the City Manager and the Director of Finance are hereby authorized to designate the Refunded Bonds for redemption on such date or dates as they shall determine and are hereby further authorized to direct the Escrow Agent to cause notices of the redemption of the Refunded Bonds on such date or dates to be given in accordance with the provisions of the proceedings authorizing the issuance of the Refunded Bonds. SECTION 10. The Bonds, the certificate of authentication of the Registrar, and the assignment endorsed on the Bonds, shall be substantially in the forms set forth in Exhibit A attached hereto. - SECTION 11. The City Clerk is hereby directed to file a copy of this Resolution, certified by such City Clerk to be a true copy hereof, with the Circuit Court of the City of Roanoke, Virginia, all in accordance with Section 15.2 -2607 of the Code of Virginia, 1950. SECTION 12. All ordinances, resolutions and proceedings in conflict herewith are, to the extent of such conflict, repealed. ATTEST: A Tak Copy Tiaw City Clerk. -8- 570088.2 032173 RES EXHIBIT A UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE GENERAL OBLIGATION PUBLIC IMPROVEMENT REFUNDING BOND SERIES No. R -_ 1 $ MATURITY DATE: INTEREST RATE: DATE OF BOND: CUSIP NO: REGISTERED OWNER: PRINCIPAL SUM: DOLLARS KNOW ALL MEN BY THESE PRESENTS, that the City of Roanoke, in the Commonwealth of Virginia (the "City"), for value received, acknowledges itself indebted and hereby promises to pay to the Registered Owner (named above), or registered assigns, on the Maturity Date (specified above) (unless this Bond shall be subject to prior redemption and shall have been duly called for previous redemption and payment of the redemption price duly made or provided for), the Principal Sum (specified above), and to pay interest on such Principal Sum on and semiannually on each and thereafter (each such date is hereinafter referred to as an "interest payment date "), from the date hereof or from the interest payment date next preceding the date of authentication hereof to which interest shall have been paid, unless such date of authentication is an interest payment date, in which case from such interest payment date, or unless such date of authentication is within the period from the sixteenth (16th) day to the last day of the calendar month next preceding the following interest payment date, in which case from such following interest payment date, such interest to be paid until the maturity or redemption hereof at the Interest Rate (specified above) per annum, by check mailed by the Paying Agent hereinafter mentioned to the Registered Owner in whose name this Bond is registered upon the books of registry, as of the close of business on the fifteenth (15th) day (whether or not a business day) of the calendar month next preceding each interest payment date; provided, however, that so long as this Bond is in book -entry only form and registered in the name of Cede & Co., as nominee of The Depository Trust Company ( "DTC "), or in the name of such other nominee of DTC as may be requested by an authorized representative of DTC, interest on this Bond shall be. paid directly to Cede & Co. or such other nominee of DTC by wire transfer. Interest on this Bond shall be calculated on the basis of a three hundred and sixty (360) day year comprised of twelve (12) thirty (30) day months. The principal of this Bond is payable on presentation and surrender hereof at the of ce.of , as the Registrar and Paying Agent, in the City of, Principal of and interest on this Bond are payable in any A -1 570088.2 032173 RES coin or currency of the United States of America which, on the respective dates of payment thereof, shall be legal tender for public and private debts. This Bond is one of a series of Bonds of like date, denomination and tenor except as to number, interest rate and maturity, and is issued for the purpose of providing funds to refund in advance of their stated maturities certain general obligation public improvement bonds heretofore issued by the City to pay the costs of public improvement projects of and for the City. This Bond is issued under and pursuant to and in full compliance with the Constitution and statutes of the Commonwealth of Virginia, including Chapter 26 of Title 15.2 of the Code of Virginia, 1950 (the same being the Public Finance Act of 1991), and a resolution and other proceedings of the Council of the City duly adopted and taken under the Public Finance Act of 1991. The Bonds of the series of which this Bond is one (or portions thereof in installments of $5,000) maturing on and after 1, are subject to redemption at the option of the City prior to their stated maturities, on or after 1, , in whole or in part from time to time on any date, in such order as may be determined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000 of such maturity to be redeemed shall be selected by lot), upon payment of a redemption price equal to the principal amount of the Bonds to be redeemed, together with the interest accrued thereon to the date fixed for the redemption thereof. The Bonds of the series of which this Bond is one maturing on are subject to mandatory sinking fund redemption on and on each thereafter and to payment at maturity on in the principal amounts in each year set forth below, in the case of redemption with the particular Bonds or Bonds or portions thereof to be redeemed to be selected by lot, upon payment of the principal amount of the Bonds to be redeemed, together with the interest accrued on the principal amount to be redeemed to the date fixed for the redemption thereof: Year Principal Amount The City, at its option, may credit against such mandatory sinking fund redemption requirement the principal amount of any Bonds maturing on which have been purchased and cancelled by the City or which have been redeemed and not theretofore applied as a credit against such mandatory sinking fund redemption requirement. If this Bond is redeemable and this Bond (or any portion of the principal amount hereof in installments of $5,000) shall be called for redemption, notice of the redemption hereof, specifying the date, number and maturity of this Bond, the date and place or places fixed for its redemption, and if less than the entire principal amount of this Bond is to be redeemed, that this Bond must be surrendered in exchange for the principal amount hereof to be redeemed and a new A -2 570088.2 032173 RES Bond or Bonds issued equalling in principal amount that portion of the principal amount hereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the Registered Owner hereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty - fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption of this Bond (or the portion of the principal amount hereof to be redeemed) shall have been given as aforesaid, and payment of the principal amount of this Bond (or the portion of the principal amount hereof to be redeemed) and of the accrued interest payable upon such redemption shall have been duly made or provided for, interest hereon shall cease to accrue from and after "the date so specified for the redemption hereof. .Any notice of the optional redemption of this Bond may state that it is conditioned upon there being on deposit with the City on the date fixed for the redemption hereof an amount of money sufficient to pay the redemption price of this Bond, together with the interest accrued thereon to the date fixed for the redemption hereof, and any conditional notice so given may be rescinded at any time before the payment of the redemption price of this Bond, together with the interest accrued thereon, is due and payable if any sucli condition so specified is not satisfied. If a redemption of this Bond does not occur after a conditional notice is given due to there not being on deposit with the City a sufficient amount of money to pay the redemption price of this Bond, together with the interest accrued thereon to the date fixed for the redemption hereof•; the corresponding notice of redemption shall be deemed to be revoked. Subject to. the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one, this Bond may be exchanged at the office of the Registrar for a like aggregate principal amount of Bonds of other authorized principal amounts and of the same series, interest rate and maturity. This Bond is transferable by the Registered Owner hereof, in person or by his attorney duly authorized in writing, on the books of registry kept by the Registrar for such purpose at the office of the Registrar but only in the manner, subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one, and upon the surrender hereof for cancellation. Upon such transfer a new Bond or Bonds of authorized denominations and of the same aggregate principal amount, series, interest rate and maturity as the Bond surrendered, will be issued to the transferee in exchange herefor. This Bond shall not be valid or obligatory unless the certificate of authentication hereon shall have been manually signed by the Registrar. The full faith and credit of the City are irrevocably pledged to the punctual payment of the principal of and interest on this Bond as the same become due. In each year while this Bond is outstanding and unpaid, the Council of the City is authorized and required to levy and collect annually, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay the principal of and interest on this Bond to the extent other funds of the City are not lawfully available and appropriated for such purpose. A -3 570088.2 032173 RES It is certified, recited and declared that all acts, conditions and things required to exist, happen or be performed precedent to and in the issuance of this Bond do exist, have happened and have been performed in due time, form and manner as required by law, and that the amount of this Bond, together with all other indebtedness of the City does not exceed any limitation of indebtedness prescribed by the Constitution or statutes of the Commonwealth of Virginia or the Charter of the City. IN WITNESS WHEREOF, the City has caused this Bond to be executed by the manual or facsimile signature of its Mayor; a facsimile of the corporate seal of the City to be imprinted hereon attested by the manual or facsimile signature of the City Clerk of the City; and this Bond to be dated as of the date first above written. [SEAL] Attest: proceedings. City Clerk CITY OF ROANOKE, VIRGINIA Mayor CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds delivered pursuant to the within- mentioned [ ], as Registrar Authorized Signator Date of Authentication: A -4 570088.2 032173 RES ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (Please print or type name and address, including postal zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER TAX IDENTIFYING NUMBER OF TRANSFEREE: the within Bond and all rights thereunder, .hereby irrevocably constituting and appointing , Attorney, to transfer such Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a member firm of The New York Stock Exchange, Inc. or a commercial bank or trust company. A -5 (Signature of Registered Owner) NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the face of this Bond in every particular, without alteration, enlargement or any change whatsoever. 570088.2 032173 RES `yc� RO'q,d,0 ANN H. SHAWVER, CPA Director of Finance October 22, 2009 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 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, 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: Authorization to Refund Bonds Background: JOHN W. BINGHAM Assistant Director of Finance ANDREA F. TRENT Assistant Director of Finance The City Debt Policy establishes the parameters for issuing debt and managing the debt portfolio. It provides guidance regarding purposes for which debt may be issued, types and amounts of permissible debt and methods of sale that may be utilized. The City may issue refunding bonds to realize net present value savings, eliminate burdensome covenants or provisions in outstanding bond documents, or in the event of financial emergencies or hardships. The City's goal will be to obtain net present value savings, net of issuance costs, of at least three percent of the principal amount of the refunded bonds. The City issued $44.245 million of Series 2002A bonds dated February 1, 2002, to fund various projects Including education, buildings, economic development - and other infrastructure projects. .Maturities of the Series 2002A bonds due on and after October 1, 2013, totaling $21.810 million are advance refundable callable on or after October 1, 2012. The interest rates on each of these advance refundable bonds range from 4.25% to 5.25 %. - The City issued $46 million of Series 2004B bonds dated November 23, 2004, to fund various projects including schools, infrastructure and buildings. The Honorable Mayor and Members of City Council October 22, 2009 Page 2 Maturities of the Series 2004B bonds due on and after February 1, 2016, totaling $24.04 million are callable on or after February 1, 2015. The interest rates on each of these advance refundable bonds range from 4.5% to 5.25 %. The City issued $29.555 million of Series 2006A bonds dated February 8, 2006, to fund various projects including schools, technology, infrastructure and economic development. Maturities of the Series 2006A bonds due on and after February 1, 2017 totaling $14.33 million are callable on or after February 1, 2016. The interest rates on each of these advance refundable bonds range from 4.0% to 5.0 %. The City issued $45.990 million of Series 2008 bonds dated February 5, 2008, to fund various projects including schools, buildings and infrastructure. Maturities of the Series 2008 bonds due on and after February 1, 2019, totaling $27.23 million are callable on or after February 1, 2018. The interest rates on each of these advance refundable bonds range from 4.5% to 5.0 %. Considerations: Based on recent interest rates, the City could potentially realize annual savings by advance refunding a portion of the Series 2002A, Series 2004B, Series 2006A, and Series 2008 bonds. Savings would be contingent upon the interest rates received on the refunding bonds, the interest rate(s) obtained on the Treasury certificates and /or securities purchased to fund the escrow, and the final redemption price of the transaction(s). Based upon discussions with the City's financial advisor, Public Financial Management, Inc., we believe an appropriate level of savings to justify refunding may be achieved depending on the market conditions on the date of pricing. Since interest rates fluctuate daily, it is imperative to the success of a refunding that the City act quickly once interest rates enable us to achieve an acceptable level of savings. The refunding bonds will be considered additional debt in the context of the City's debt policy and from rating agencies' perspective only to the extent that a slightly higher level of principal would need to be issued than the amount of bonds being refunded. Additionally, to the extent that some of the debt service on the current general obligation bonds is being provided by the Western The Honorable Mayor and Members of City Council October 22, 2009 Page 3 Virginia Water Authority (WVWA) and the Roanoke City Public Schools (RCPS), funding for the new bonds also would come from the WVWA and RCPS, resulting in debt service savings for those entities as well as for the City. Recommendation: We recommend City Council adopt the accompanying resolution authorizing the City Manager and the Director of Finance to issue not to exceed .$50 million principal amount in refunding bonds. Refunding bonds shall be issued to refund all or a portion of the callable Series 2002A, Series 2004B, Series 2006A, and Series 2008 bonds if net present -value saving of 3% or greater of the net present value of the refunded bonds can be achieved. Sincerely, NO Z� E Ann H. Shawver Director of- Finance AHS /yth c: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Stephanie M. Moon, City Clerk Sherman M. Stovall, Director of Management and Budget John W. Bingham, Assistant Director of Finance Rita D. Bishop, Superintendent, Roanoke City Public Schools Bruce M. Grant, Director of Finance, Western Virginia Water Authority JoAnne Carter, Managing Director, Public Financial Management, Inc. Donald G. Gurney, Hawkins, Delafield and Wood 0A, 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 STEPHANIE M. MOON, CMC E -mail: clerWroanokeva.Eov City Clerk October 28, 2009 Cindy H. Poulton, Clerk Roanoke City School Board P. O. Box 13145 Roanoke, Virginia 24031 Dear Ms. Poulton: JONATHAN E. CRAFT Deputy City Clerk CECELIAT. WEBB Assistant Deputy City Clerk am enclosing copy of Budget Ordinance No. 38629- 102209 appropriating funding from the Federal and Commonwealth governments, local match, and the Foundation for Roanoke Valley Philanthropy for various educational programs; and amending-and reordaining certain sections of the 2009 -2010 School Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Thursday, October 22, 2009, and is in full force and effect upon its passage. Sincerely, ttw'.' '-�r) ,, -1-yt Stephanie M. Moon, CMC City Clerk Enclosure pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance I' IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd day of October, 2009. NO. 38629- 102209. AN ORDINANCE to appropriate funding from the Federal and Commonwealth governments, local match, and the Foundation ,for Roanoke, Valley Philanthropy for various educational programs, amending and reordaining certain sections of the 2009- 2010 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 2009 -2010 School Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations GED Examiner 302- 160 - 0000 - 1305 -354D- 61100- 41121 -9 -07 $ 7,000 Social Security 302- 160 - 0000 - 1305 -354D- 61100 - 42201 -9 -07 535 GED Testing Materials 302- 160 - 0000 - 1305 -354D- 61100 - 45584 -9 -07 1,865 Supplemental Salary 302 - 140 - HOME - 1000 -730D- 61210 - 41129 -9 -00 2,600 Social Security 302- 140 - HOME - 1000 -730D- 61210 - 42201 -9 -00 200 Technical Software /Online Content 302 - 110 - 0000 - 0420 -161 D- 61100 - 46640 -2 -01 6,500 Technical Software /Online Content 302- 110 - 0000 - 0350 -161 D- 61100 - 46640 -2 -01 6,500 GED Teacher 302 - 160 - 0000 - 1305 -355D- 61100 - 41121 -9 -07 11,476 Social Security 302- 160 - 0000 - 1305 -355D- 61100 - 42201 -9 -07 879 Outreach /Advertising 302 - 160 - 0000 - 1305 -355D- 61100- 43361 -9 -07 8,100 Teachers 302 - 110 - 1102 - 0420 -141 D- 61100 - 41121 -3 -05 30,600 Program Coordinator /Site Manager 302 - 110 - 1102 - 0420 -141 D- 61100 - 41124 -3 -05 18,438 Instructional Assistants 302 - 110 - 1102 - 0420 -141D- 61100 - 41141 -3 -05 36,000 Retiree Health 302- 110 - 1102 - 0420 -141 D- 61100 - 42200 -3 -05 113 Social Security 302 - 110 - 1102 - 0420 -141 D- 61100 - 42201 -3 -05 6,461 VRS 302- 110 - 1102 - 0420 -141 D- 61100 - 42202 -3 -05 1,449 Medical /Dental 302 - 110 - 1102 - 0420 -141 D- 61100- 42204 -3 -05 1,897 Group Life 302 - 110 - 1102 - 0420 -141 D- 61100 - 42205 -3 -05 86 Contracted Services 302 - 110- 1102- 0420 -141 D- 61100 - 43313 -3 -05 42,478 Conference Travel 302 - 110 - 1102 - 0420 -141 D- 61100 - 45554 -3 -05 4,478 Pupil Transportation 302- 110 - 1102 - 0420 -141D- 63200 - 45583 -3 -05 21,500 Supplies 302- 110 - 1102 - 0420 -141D- 61100 - 46614 -3 -05 21,500. Teachers 302 -110 -1102- 0230 -160D- 61100 - 41121 -3 -05 30,600 Program Coordinator /Site Manager 302 - 110 - 1102 - 0230 -160D- 61100 - 41124 -3 -05 17,860 Instructional Assistants 302- 110 - 1102 - 0230 -160D- 61100 - 41141 -3 -05 36,000 Retiree Health 302- 110 - 1102 - 0230 -160D- 61100 - 42200 -3 -05 113 Social Security 302 -110- 1102 - 0230 -160D- 61100 - 42201 -3 -05 6,461 VRS 302 -110- 1102- 0230 -160D- 61100 - 42202 -3 -05 1,449 Medical /Dental 302- 110- 1102- 0230 -160D- 61100- 42204 -3 -05 1,897 Group Life 302- 110 - 1102 - 0230 -160D- 61100 - 42205 -3 -05 86 . Contracted Services 302 - 110 - 1102 - 0230 -160D- 61100- 43313 -3 -05 38,056 Conference Travel 302 - 110 - 1102 - 0230 -160D- 61100- 45554 -3 -05 4,478 Pupil Transportation 302- 110 - 1102 - 0230 -160D- 63200 - 45583 -3 -05 21,500 Supplies 302- 110 -1102- 0230 -160D- 61100- 46614 -3 -05 21,500 Teachers 302- 110 - 1102 - 0350 -142D- 61100 - 41121 -3 -05 30,600 Program Coordinator /Site Manager 302 - 110 - 1102 - 0350 -142D- 61100- 41124 -3 -05 18,438 Instructional Assistants 302- 110 - 1102 - 0350 -142D- 61100 - 41141 -3 -05 36,000 Retiree Health 302- 110 - 1,102- 0350 -142D- 61100- 42200 -3 -05 113 Social Security 302 -110- 1902 - 0350 -1421)- 61100 - 42201 -3 -05 6,461 VRS 302 - 110- 1102- 0350 -142D- 61100- 42202 -3 -05 1,449 Medical /Dental 302 - 110- 1102- 0350 -142D- 61100- 42204 -3 -05 1,897 Group Life 302 - 110 - 1102 - 0350 -142D- 61100 - 42205 -3 -05 86 Contracted Services 302 - 110 - 1102 - 0350 -142D- 61100 - 43313 -3 -05 42,478 Conference Travel 302- 110 - 1102 - 0350 -142D- 61100 - 45554 -3 -05 4,478 Pupil Transportation 302 - 110 - 1102 - 0350 -142D- 63200 - 45583 -3 -05 21,500 Supplies 302 - 110 - 1102 - 0350 -142D- 61100 - 46614 -3 -05 21,500 Instructional Materials 302 -110- 0000 - 0280 -162D- 61'100- 46630 -3 -01 6,000 Teachers 302- 160 - 0000 - 1305 -101D- 61100 - 41121 -9 -07 15,900 Instructional Assistants 302 - 160 - 0000 - 1305 -101D- 61100 - 41141 -9 -07 (4,000) Retirement Health 302 - 160 - 0000 - 1305 -101 D- 61100 - 42200 -9 -07 151 Social Security 302 -160- 0000 - 1305 -101D- 61100- 42201 -9 -07 (402) Medical /Dental 302 - 160 - 0000 - 1305 -101 D- 61100 - 42204 -9 -07 655 Staff Development 302- 160 - 0000 - 1305 -101 D- 61100 - 45586 -9 -07 (3,000) Advertising /Outreach 302 - 160 - 0000 - 1305 -101D- 61100 - 43361 -9 -07 500 Travel /Mileage 302- 160 - 0000 - 1305 -101 D- 61100 - 45551 -9 -07 (1,922) Supplemental Educational 302 - 110 - 0000 - 0280 -132D- 61100 - 43311 -3 -01 13,223 Supplemental Educational 302- 110 - 0000 - 0030 -132D- 61100 - 43311 -2 -01 13,223 Supplemental Educational 302 - 110 - 0000 - 0300 -132D- 61100 - 43311 -2 -01 13,223 Supplemental Educational 302 - 110 - 0000 - 0420 -132D- 61100 - 43311 -2 -01 13,223 Supplemental Educational 302- 110 - 0000 - 0340 -132D- 61100 - 43311 -2 -01 13,223 Field Trips 302- 110 - 0000 - 0280 -132D- 61100 - 45583 -3 -01 13,223 Field Trips 302 - 110 - 0000 - 0030 -132D- 61100- 45583 -2 -01 13,223 Field Trips 302- 110 - 0000 - 0300 -132D- 61100 - 45583 -2 -01 13,223 Field Trips 302 -110- 0000 - 0420 -132D- 61100 - 45583 -2 -01 13,223 Field Trips 302 -110- 0000 - 0340 -132D- 61100 - 45583 -2 -01 13,223 Office Supplies 302- 110 - 0000 - 1000 -132D- 61100 - 46601 -0 -01 1,318 Instructional Supplies 302 - 110- 0000 - 0280 -132D- 61100 - 46614 -3 -01 1,100 Instructional Supplies 302 - 110 - 0000 - 0410 -132D- 61100 - 46614 -2 -01 1,100 Instructional Supplies 302- 110 - 0000 - 0050 -132D- 61100 - 46614 -2 -01 1,100 Instructional Supplies 302 - 110 - 0000 - 0030 -132D- 61100 - 46614 -2 -01 1,100 Instructional Supplies 302 - 110 - 0000 - 0300 -132D- 61100- 46614 -2 -01 1,100 Instructional Supplies 302 - 110 - 0000 - 0110 -132D- 61100 - 46614 -2 -01 1,100 Instructional Supplies 302 - 110 - 0000 - 0320 -132D- 61100- 46614 -2 -01 1,100 Instructional Supplies 302 - 110 - 0000 - 0420 -132D- 61100 - 46614 -2 -01 1,100 Instructional Supplies 302 - 110 - 0000 - 0340 -132D- 61100 - 46614 -2 -01 1,100 Instructional Supplies 302 -110- 0000 - 0060 -132D- 61100- 46614 -2 -01 1,100 Instructional Supplies 302 -110- 0000 - 0240 -132D- 61100 - 46614 -2 -01 1,100 Instructional Supplies 302- 110 - 0000 - 0330 -132D- 61100 - 46614 -2 -01 1,100 Instructional Supplies 302 - 110 - 0000 - 0220 -132D- 61100 - 46614 -2 -01 1,100 Instructional Supplies 302 -110- 0000 - 0430 -132D- 61100 - 46614 -2 -01 1,100 Instructional Supplies 302 - 110 - 0000 - 0070 -132D- 61100 - 46614 -2 -01 1,100 Instructional Supplies 302- 110 - 0000 - 0350 -132D- 61100 - 46614 -2 -01 1,100 Equipment Additions 302 - 110 - 0000 - 1000 -132D- 61100 - 48821 -9 -01 30,000 Equipment Additions 302 - 110 - 0000 - 0280 -132D- 61100 - 48821 -3 -01 30,000 Equipment Additions 302- 110 - 0000 - 0410 -132D- 61100 - 48821 -2 -01 30,000 Equipment Additions 302- 110 - 0000 - 0050 -132D- 61100 - 48821 -2 -01 30,000 Equipment Additions 302 -110- 0000 - 0030 -132D- 61100 - 48821 -2 -01 30,000 Equipment Additions 302- 110 - 0000 - 0300 -132D- 61100 - 48821 -2 -01 30,000 Equipment Additions 302 - 110 - 0000 - 0110 -132D- 61100 - 48821 -2 -01 30,000 Equipment Additions 302 - 110 - 0000 - 0320 -132D- 61100 - 48821 -2 -01 30,000 Equipment Additions 302- 110 - 0000 - 0420 -132D- 61100 - 48821 -2 -01 30,000 Equipment Additions 302- 110 - 0000 - 0340 -132D- 61100 - 48821 -2 -01 30,000 Equipment Additions 302- 110 - 0000 - 0060 -132D- 61100 - 48821 -2 -01 30,000 Equipment Additions 302 - 110 - 0000 - 0240 -132D- 61100 - 48821 -2 -01 30,000 Equipment Additions 302- 110 - 0000 - 0330 -132D- 61100 - 48821 -2 -01 30,000 Equipment Additions 302 - 110 - 0000 - 0220 -132D- 61100 - 48821 -2 -01 30,000 Equipment Additions 302 - 110- 0000 - 0430 -132D- 61100- 48821 -2 -01 30,000 Equipment Additions 302- 110 - 0000 - 0070 -132D- 61100 - 48821 -2 -01 30,000 Equipment Additions 302- 110 - 0000 - 0350 -132D- 61100 - 48821 -2 -01 30,000 Revenues State Grant Receipts 302 - 000 - 0000 - 0000 -354D- 00000 - 32460 -0 -00 9,400 Private Foundation Grant 302 - 000 - 0000 - 0000 -730D- 00000 - 33808 -0 -00 2,800 Federal Grant Receipts 302 - 000 - 0000 - 0000 -161 D- 00000 - 38010 -0 -00 13,000 State Grant Receipts 302- 000 - 0000 - 0000 -355D- 00000 - 32298 -0 -00 20,455 Federal Grant Receipts 302- 000 - 0000 - 0000 -141D- 00000 - 38287 -0 -00 185,000 Federal Grant Receipts 302 -000- 0000 - 0000 -160D- 00000 - 38287 -0 -00 180,000 Federal Grant Receipts 302 - 000 -0000- 0000 -142D- 00000- 38287 -0 -00 185,000 Federal Grant Receipts 302 - 000 - 0000 - 0000 -162D- 00000 - 38010 -0 -00 6,000 Federal Grant Receipts 302 - 000 - 0000 - 0000 -101 D- 00000 - 38002 -0 -00 7,390 Local Match 302- 000 - 0000 - 0000 -101 D- 00000 - 34588 -0 -00 492 Federal Grant Receipts 302 - 000 - 0000 - 0000 -132D- 00000 - 38010 -0 -00 661,148 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. October 19, 2009 The Honorable David Bowers, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As a result of official School Board action on October 13, 2009, the Board respectfully requests City Council approve the following appropriations: New: Expanded GED 2009 -10 $9,400 Foundation for Roanoke Valley Philanthropy Project Homeless Student Program Grant 2009 -10 $2,800 I- station Pilot Program Grant 2009 -10 $13,000 Race to GED 2009 -10 $20,455 Hurt Park Community Learning Center 2009 -10 (year 1 of 3) $185,000 Jackson Community Learning Center 2009 -10 (year 1 of 3) $180,000 Westside Community Learning Center 2009 -10 (year 1 of 3) $185,000 Vmath Pilot Program 2009 -10 $6,000 Revised: Adult Basic Education 2009 -10 $7,882 Title I -A 2009 -10 $661,148 Title II -A Improving Teacher Quality 2009 -10 $18,828 Title III -A Limited English Proficient 2009 -10 $864 Roanoke Adolescent Health Partnership 2009 -10 $3,862 The School Board thanks you for your approval of the appropriation requests as submitted. Sincerely, Cindy H. oulton, Clerk PC: William M. Hackworth Darlene Burcham Ann H. Shawver David B. Carson Rita D. Bishop Curt Baker Margaret Lindsay Yen Ha (w /details) p: 540 - 853 -2381 f: 540 - 853 -2951 P.O. Box 13145 Roanoke, VA 24031 www.rcps.info IN low ROANOKE CITY PUBLIC SCHOOLS Strong Students. Strong Schoots. Strong City. School Board David B. Carson Chairman Jason E. Bingham Vice Chairman Mae G. Huff Suzanne P. Moore Courtney A. Penn Todd A. Putney Lori E. Vaught Dr. Rita D. Bishop Superintendent Cindy H. Poulton Clerk of the Board ANN H. SHAWVER, CPA Director of Finance October 22, 2009 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 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice -Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, 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 its October 13 meeting, the Board respectfully requested that City Council appropriate the following funds: New Grants: Expanded GED 2009 -10 Foundation for Roanoke Valley Philanthropy Project Homeless Student Program Grant 2009 -10 Istation Pilot Program Grant 2009 -10 Race to GED 2009 -10 Hurt Park Community Learning Center 2009 -10 (year 1 of 3) Jackson Community Learning Center 2009 -10 (year 1 of 3) Westside Community Learning Center 2009 -10 (year 1 of 3) Vmath Pilot Program 2009 -10 Revised Grants: Adult Basic Education 2009 -10 Title I -A 2009 -10 Title II -A Improving Teacher Quality 2009 -10 Title III -A Limited English Proficient 2009 -10 Roanoke Adolescent Health Partnership 2009. 710. $9,400 $2,800 $13,000 $20,455 $185,000 $180,000 $185,000 $6,000 $7,882 $661,148 $18,828 $864 $3,862 Honorable Mayor and Members of Council October 22, 2009 Page 2 We recommend that you concur with this report of the School Board and adopt the attached budget ordinance to appropriate funding as outlined. Sincerely, ,1� Ann H. Shawver Director of Finance c: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Stephanie M. Moon, City Clerk Sherman M. Stovall, Director of Management and Budget Rita D. Bishop, Superintendent, Roanoke City Public Schools Curtis Baker, Deputy Superintendent for Operations, Roanoke City Public Schools U � `�RGtN�p STEPHANIE M. MOON, CMC City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: 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 October 28, 2009 JONATHAN E. CRAFT' Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk At the regular meeting of the Council of the City of Roanoke held on Thursday, October 22, 2009, you shared your concern regarding the plight of recipients receiving federal Section 8 funds, noting that HUD has insufficient funds forthe remaining 2009 calendar year; nevertheless there is legislation before the Congress to allow HUD to have advance money to help Section 8 recipients. You suggested that the Council forward correspondence to the City's congressional delegation identifying said plight and the need for Congress to act swiftly to provide assistance to the City and other Virginia localities, as well as localities across the nation. Following comments by the Council, you were instructed to prepare the appropriate correspondence addressed to the City's congressional delegation on behalf of the entire Council. Sincerely, f %• �vy,J Stephanie M. Moon, CM City Clerk DAVID A. BOWERS Mayor 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 Council Members M. Rupert Cutler October 22, 2009 Sherman P. Lea Gwen W. Mason Anita J. Price Court G. Rosen David B. Trinkle The Honorable Mark R.'Warner, U.S. Senator 1298 Salem Avenue SW Roanoke, Virginia 24011 Dear Senator Warner: This correspondence is to address Roanoke City Council's concern regarding the Roanoke Redevelopment and Housing Authority's budget shortfall for the Section 8 housing assistance program administered 'by the United States Housing and Urban Development. During an October 22 "d meeting, Council was informed that the Housing Authority received insufficient funds to cover all Section 8 vouchers disseminated to program participants and will experience a $365,000 budget shortfall for this calendar year. We understand this situation is not unique to Roanoke and is affecting individuals nationwide. This reduction will have a tremendous impact on the families in the City of Roanoke who receive assistance, especially given the timing of those reductions with families facing cold weather and holiday expenses. Currently, there are 1,630 families in Roanoke receiving' Section 8 assistance, with a number of others on the waiting list. Program participants receiving vouchers for a one bedroom apartment will experience a 10% reduction in assistance, and those receiving vouchers for larger units will experience a 25% reduction in assistance, all individuals with incomes at 50% or less of the city's median income with little, if any, ability to absorb the additional expenses. Efforts by both the RRHA and the City to obtain waivers or approvals from HUD to use other HUD funds to mitigate this dilemma have been unsuccessful. City Council believes that it is not the responsibility of local government to solve the problems generated by a federal agency. Thus, Roanoke City Council .implores our Congressional delegation to support the approval of the pending amendment to the appropriations' bill that would allow the Secretary of the Housing and Urban Development Secretary to use 2010 funds to cover the 2009 shortfall. Please inform City Council if there is any further support that we may provide to the Congress. Thank you for your consideration of this matter. The Honorable Mark R. Warner Page 2 Sincerely, David A. Bowers, Mayor Dr. Rupert Cutler, Council Member Anita j. Price, Council Member d BFTrri , Council Member pc.: Darlene Burcham, City Manager William Hackworth, City Attorney Stephanie Moon, City Clerk Ann Shawver, Director of Finance �e Sherman P. Lea, Vice Mayor we dolyn M Mason, C ncil Member Court G. Rosen, Council Member .. fir••. 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 Council Members M. Rupert Cutler October 22, 2009 Sherman P. Lea Gwen W. Mason Anita J. Price Court G. Rosen David B. Trinkle The Honorable .Jim Webb, U.S. Senator 3140 Chaparral Drive Building C, Suite 101 Roanoke, Virginia 24018 Dear Senator Webb: This correspondence is to address Roanoke City Council's concern regarding the Roanoke Redevelopment and Housing Authority's budget shortfall for the Section 8 housing assistance program administered by the United States Housing and Urban Development. During an ,October 22 "d meeting, Council was informed that the Housing Authority received insufficient funds to cover all Section 8 vouchers disseminated to program participants and will experience a $365,000 budget shortfall for this calendar year. We understand this situation is not unique to Roanoke and is affecting individuals nationwide. This reduction will have a tremendous impact on the families in the City of Roanoke who receive assistance, especially given the timing of those reductions with families facing cold weather and holiday expenses. Currently, there are 1,630 families in Roanoke receiving Section 8 assistance, with a number of others on the waiting list. Program participants receiving vouchers for a one bedroom apartment will experience a 10% reduction in assistance, and those receiving vouchers for larger units will experience a 25%• reduction in assistance, all individuals with incomes at 50% or less of the city's median income with little, if any, ability to absorb the additional expenses. Efforts by both the RRHA and the City to obtain waivers or approvals from HUD to use other HUD funds to mitigate this dilemma have been unsuccessful. City Council believes that it is not the responsibility of local government to solve the problems generated by a federal agency. Thus, Roanoke City Council implores our Congressional delegation to support the approval of the pending amendment to the appropriations bill that would allow the Secretary of the Housing and Urban Development Secretary to use 2010 funds to cover the 2009 shortfall. Please inform City Council if there is any further support that we may provide to the Congress. Thank you for your consideration of this matter. The Honorable Jim Webb Page 2 Sincerely, David A. Bowers, Sherman P. Lea, Mayor Vice Mayor Dr. Rupert Cutler, wrdolyn W. Mason, Council Member ber Anita J. Price, Court G. Rosen, Council Member Council Member Dr. David B. Trin le, Council Member pc: William Hackworth, City Attorney Stephanie Moon, City Clerk Ann Shawver, Director of Finance Darlene Burcham, City Manager CITY OF ROANOKE . CITY COUNCIL �±n 215 Church Avenue, S.W. Noel C. Taylor Municipal Building, Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 DAVID A. BOWERS Fax: (540) 853 -1145 Council Members Mayor M. Rupert Cutler October 22, 2009 Sherman P. Lea Gwen W. Mason Anita J. Price Court G. Rosen David B. Trinkle The Honorable Bob Goodlatte, 6th District 10 Franklin Road SE, Suite 540 Roanoke, Virginia 24011 Dear Congressman Bob Goodlatte: This correspondence is to address Roanoke City Council's concern regarding the Roanoke Redevelopment and Housing Authority's budget shortfall for the Section 8 housing assistance program administered by the United States Housing and Urban Development. During an October 22 "d meeting, Council was informed that the Housing Authority received insufficient funds to cover all Section 8 vouchers disseminated to program participants and will experience a $365,000 budget shortfall for this calendar year. We understand this situation is not unique to Roanoke and is affecting individuals nationwide. This reduction will have a tremendous impact on the families in the City of Roanoke who receive assistance, especially given the timing of those reductions with families facing cold weather and holiday expenses. Currently, there are 1,630 families in Roanoke receiving Section 8 assistance, with a number of others on the waiting list. Program participants receiving vouchers for a one bedroom apartment will experience a 10% reduction in assistance, and those receiving vouchers for larger units will experience a 25% reduction in assistance, all individuals with incomes at 50% or less of the city's median income with little, if any, ability to absorb the additional expenses. Efforts by both the RRHA and the City to obtain waivers or approvals from HUD to use other HUD funds to mitigate this dilemma have been unsuccessful. City Council believes that it is not the responsibility of local government to solve the problems generated by a federal agency. Thus, Roanoke City Council implores our Congressional delegation to support the approval of the pending amendment to the appropriations bill that would allow the Secretary of the Housing and Urban Development Secretary to use 2010 funds to cover the 2009 shortfall. Please inform City Council if there is any further support that we may provide to the Congress. Thank you for your consideration of this matter. The Honorable Bob Goodlatte Page 2 Sincerely, avid A. Bowers, Mayor Dr. Rupert Cutler, Council Member Anita J. Price, Council Member D . David BPi le, Council Member pc: Darlene Burcham, City Manager William Hackworth, City Attorney Stephanie Moon, City Clerk Ann Shawver, Director of Finance Sherman P. Lea, Vice Mayor G e olyn W. Mason, Council Member 4C G. osen `__ , Council Member '016, 01 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd day of October, 2009. No. 38623- 102209. AN ORDINANCE to appropriate funding to be provided by the Series 2010 Bonds to the Countryside Golf Course Capital Improvements project, adding, amending and reordaining certain sections of the 2009 -2010 Golf Course Fund Appropriations. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2009 -2010 Golf Course Fund Appropriations be, and the same are hereby, added, amended, and reordained to read and provide as follows: Appropriations Countryside Golf Course Capital Improvements 06- 310 - 9345 -9328 $ (1,500,000) Appropriated from 2010 Bond Funds 06- 310 - 9794 -9302 1,500,000 ATTEST: -City Clerk. October 5, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, 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: Appropriation of Bond Funds for Countryside Golf Course Capital Improvements Background: A Request for Proposals (RFP) was issued on April 1, 2009 for the Management and Operation of the City of Roanoke's Countryside Golf Course. As a part of the RFP process, certain improvements were identified as being critical to the successful future operation of the course. On July 20, 2009, City Council approved the Capital Improvement Program (CIP) Update for FY 2010 -2014 and, subsequently, modified the update on August 3, 2009. The CIP included planned bond issuance for FY 2010 in the amount of $13.945 million, which City Council authorized on September 8, 2009, for several projects which included $6.74 million for Parks and Recreation Master Plan activities, and priority projects, including a potential allocation of $2.0 million for capital improvements to the Countryside Golf Course. The ordinance was approved by City Council, after a second reading on September 21, 2009. 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 October 5, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, 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: Appropriation of Bond Funds for Countryside Golf Course Capital Improvements Background: A Request for Proposals (RFP) was issued on April 1, 2009 for the Management and Operation of the City of Roanoke's Countryside Golf Course. As a part of the RFP process, certain improvements were identified as being critical to the successful future operation of the course. On July 20, 2009, City Council approved the Capital Improvement Program (CIP) Update for FY 2010 -2014 and, subsequently, modified the update on August 3, 2009. The CIP included planned bond issuance for FY 2010 in the amount of $13.945 million, which City Council authorized on September 8, 2009, for several projects which included $6.74 million for Parks and Recreation Master Plan activities, and priority projects, including a potential allocation of $2.0 million for capital improvements to the Countryside Golf Course. The ordinance was approved by City Council, after a second reading on September 21, 2009. Honorable Mayor and Members of City Council October 5, 2009 Page 2 Considerations: Necessary capital improvements have been identified with a total estimated cost not to exceed $1.5 million. The improvements include: • Golf course irrigation system renovation • Cart path renovation • Clubhouse renovation • Pavilion /Driving Range improvements These improvements will be implemented as City of Roanoke capital projects. Recommended Action: Adopt the accompanying budget ordinance to appropriate funding, in advance of debt issuance, in the amount of $1.5 million to an account to be established in the Capital Projects Fund by the Director of Finance. Respectfully submitted, Darlene L. Bu ham City Manager DLB:acm 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 CM09 -00181 October 27, 2009 Sean M. Horne, Vice - President Balzer & Associates, Inc. 1208 Corporate Circle Roanoke, Virginia 24018 Dear Mr. Horne: JONATHAN E. CRAFT Deputy City Clerk CECELIAT. WEBB Assistant Deputy City Clerk A public hearing was conducted by the Council of the City of Roanoke at its regular meeting held on Thursday, October 22, 2009, on a request of Fralin Companies, Inc., to rezone properties located on Gatewood Avenue and McVitty Road, S. W., from R -7, Residential Single Family District, to MX, Mixed Use District, for uses as permitted in the zoning district, subject to certain proffered conditions. Your communication requesting that the abovementioned matter be deferred until the November 16 Council meeting was also before the Council. On motion, duly seconded and adopted, the public hearing was continued until Monday, November 16, 2009, at 7:00 p.m., or as soon thereafter as the matter may be heard by the Council. Sincerely, Stephanie M. Moon, CM 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 STEPHANIE M. MOON, CMC E -mail: clerk@roanokeva.gov City Clerk October 27, 2009 Sean M. Horne, Vice - President Balzer & Associates, Inc. 1208 Corporate Circle Roanoke, Virginia 24018 Dear Mr. Horne: JONATHAN E. CRAFT Deputy City Clerk CECELIAT. WEBB Assistant Deputy City Clerk A public hearing was conducted by the Council of the City of Roanoke at its regular meeting held on Thursday, October 22, 2009, on a request of Fralin Companies, Inc., to rezone properties located on Gatewood Avenue and McVitty Road, S. W., from R -7, Residential Single Family District, to MX, Mixed Use District, for uses as permitted in the zoning district, subject to certain proffered conditions. Your communication requesting that the abovementioned matter be deferred until the November 16 Council meeting was also before the Council. On motion, duly seconded and adopted, the public hearing was continued until Monday, November 16, 2009, at 7:00 p.m., or as soon thereafter as the matter may be heard by the Council. Sincerely, Stephanie M. Moon, CM City Clerk Sean M. Horne, Vice - President October 27, 2009 Page 2 pc: First Virginia Bank Southwest, 1828 Electric Road, S. W., Roanoke, Virginia 24018 Oak Grove Church of the Brethren, 2138 McVitty Road, S. W., Roanoke, Virginia 24018 Gene and Cathy Comer, 5053 Gatewood Avenue, S. W., Roanoke, Virginia 24018_ H P Properties, 1960 Electric Road, S. W., Roanoke, Virginia 24018 Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Martha P. Franklin, Secretary, City Planning Commission Susan Lower, Director of Real Estate Valuation Philip Schirmer, City Engineer 10113/2009 21:00 5407728050 October 13, 2009 Mrs, Stephanie Moon, CMC City Clerk 215 Church. Avenue, S.W. Suite 456 Roanoke, VA. 24011-1536 RE: Deferral of Gatewood & Rezoning BALZER ROANOKE Via Fax: 540 -853 -1145 Dear Mrs. Moon, On behalf of Frai.in Companies, Inc., I am -equesting that the Gatewood & McVitty rezoning hearing be deferred until the November 1.6II City Council Meeting. Please let me know if you have any questions or concerns with this r quest, Respectfully, Balzer and Associates, Inc. Sean Horne, VP Cc: B &A File PLANNERS • ARCHrTECTS - ENGINEERS - SURVEYORS ROANOKE 1208 CorpoMM Circe • Roanoke, Virginia 24018 - (640) wt\8TA1RF01R%rnh \Gatcwpod McVitty Rwoning.doc 19580 FAX (a40) 772 -a050 PAGE 01101 O IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA AN ORDINANCE to amend § 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain properties within the City, subject to certain conditions proffered by the petitioner; and dispensing with the second reading of this ordinance by title. WHEREAS, Fralin Companies, Inc., has made application to the Council of the City of Roanoke, Virginia ( "City Council "), to have the hereinafter described properties rezoned from R -7, Residential Single Family District, to MX, Mixed Use District, for uses as permitted in the zoning 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 October 22, 2009, after due and timely notice thereof as required by §36.2- 540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public O- Fralin Companies - rezone with proffers.doc I necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject properties, and for those reasons, is of the opinion that the hereinafter described properties should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that Official Tax Nos. 5100527, 5100528, 5100535 and 5100534 located on Gatewood Avenue and McVitty Road, S.W., be, and are hereby rezoned from R -7, Residential Single Family District, to MX, Mixed Use District, for uses as permitted in the zoning district, subject to certain conditions proffered by the petitioner, as set forth in the Zoning Amended Application No. 2, dated September 22, 2009. 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: City Clerk. O- Fralin Companies- rezone with prot7ers.doc 2 Architectural Review Board Board of Zoning Appeals Planning Commission CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853 -1730 Fax: (540) 853 -1230 E -mail: planning @roanokeva.gov October 22, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, 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 Fralin Companies, Inc., to rezone properties located on Gatewood Avenue and McVitty Road, S.W., bearing Official Tax Nos. 5100527, 5100528, 5100535 and 5100534, from R -7, Residential Single Family District, to MX, Mixed Use District, for uses as permitted in the zoning district, subject to the following conditions: (1) that the property be developed in substantial conformity with a development plan entitled "Gatewood Green ", dated July 15, 2009; (2) a gable roof shall be used on all buildings; (3) building facades along McVitty and Gatewood shall have minimum 20% glazing, window and door openings aligned horizontally and vertically; and an entrance with a sidewalk connecting to the public sidewalk; (4) exterior siding material shall be limited to brick, stone or horizontal lap siding; (5) building mounted fixture shall not include wallpacks, spotlights or floodlights. Pole or self- supported lighting fixtures shall not exceed 15 feet in height, shall be shielded down and not exceed 0.5 foot candles at adjoining property lines; (6) any freestanding signs shall be monument style and not internally illuminated; (7) exterior HVAC units and other exterior equipment shall not be placed within any front yard along Gatewood or McVitty; and (8) building shall be developed in substantial conformity with drawing entitled Gatewood Green Exhibit B, dated 8/21/09 Members of City Council Page 2 October 22, 2009 Planning Commission Public Hearing and Recommendation Planning Commission public hearing was held on Thursday, September 17, 2009. Commission discussion and public comment are outlined at the end of this report. By a vote of 3 -1 (Messrs. Scholz and Chrisman and Ms. Katz voting for, Mr. Williams voting against, and Mrs. Penn and Mr. VanHyning absent), the Commission recommended approval of the request, finding the application to rezone the subject property to be consistent with the Greater Deyerle Neighborhood Plan. The proposed development implements numerous design principles of Vision 2001 -2020 with respect to layout of the site and orientation of buildings. This property is also abutted on two sides by commercial property and faces Electric Road making it unsuitable for residential development. Respectfully submitted, D. Kent Chrisman, Chairman 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 October 22, 2009 Application Information Request: Rezoning, Conditional Owner: Charles R. Sr & Rebecca H. Clark Applicant: Fralin Companies Inc. Authorized Agent: Balzer & Associates Inc. City Staff Person: Maribeth B. Mills Site Address /Location: 2154 McVitty Road SW Official Tax Nos.: 5100527, 5100528, 5100535, 5100534 Site Area: 1.43 Acres Existing Zoning: R -7, Residential Single - Family District Proposed Zoning: MX, Mixed Use District Existing Land Use: Single - Family Residential & Vacant Proposed Land Use: Office, General /Professional & Medical Clinic Neighborhood Plan: Greater Deyerle Neighborhood Plan Specified Future Land Use: Single - Family Residential Filing Date: Original Application: June 4, 2009; Amended Application No. 1: August 21, 2009; Amended Application No. 2: September 22, 2009 Background The applicant requests a rezoning from R -7, Single- family Residential District, to MX, Mixed Use District, to enable development of general, professional, and medical offices. 23,800 gross square feet of office space would be contained in three 1 % story buildings addressing Gatewood Avenue and McVitty Road. Specifics as to the building's roof, height, glazing, orientation and materials have been proffered. The proffered development plan specifies the location of the three buildings and a 66 -space interior parking lot accessed from McVitty Road. The parking area would be separated from adjoining residences to the east by a retaining wall of varying height (10' maximum) with evergreen landscaping at the bottom and top of the wall. Neighbors to the north would be screened by additional evergreen landscaping. Curb, gutter, and sidewalk are proposed along Gatewood Avenue and McVitty Road with a six foot landscaping strip planted with small deciduous trees (due to the presence of overhead utility lines). Stormwater management will be located underground with discharge conveyed to existing stormwater channels in the public right -of -way of Gatewood Avenue. Other proffered conditions address signage, site lighting, and exterior equipment screening. Two previous attempts to rezone the subject properties in 1999 and 2006 were unsuccessful. Both applications were similar to the current request and neighboring property owners expressed concerns about commercial encroachment, traffic, and stormwater management. The 1999 request was approved by the Planning Members of City Council Page 4 October 22, 2009 Commission but later denied by City Council while the 2006 request was withdrawn before the Planning Commission's public hearing. A neighborhood plan for Greater Deyerle was adopted by City Council in August 2006, replacing the previous plan adopted in 1990. Conditions Proffered by the Applicant The applicant requests that the following proffered condition be adopted as it pertains to Official Tax Nos. 5100527, 5100528, 5100535, and 5100534: 1. The properties shall be developed in substantial conformance with the Gatewood Green Development Plan prepared by Balzer & Associates Inc. dated July 15, 2009, attached hereto as Exhibit A, subject to any changes required by the City of Roanoke during comprehensive development plan review. 2. A gable roof shall be used for all buildings. Maximum mean roof height shall be 35 feet, measured in accordance with the definition of `height of structure' in Appendix A of the City's Zoning Ordinance. 3. Building facades facing McVitty Road and Gatewood Avenue shall have a minimum 20% glazing, shall have window and door openings that are aligned horizontally and vertically, and shall have an entrance with a sidewalk connecting to the public sidewalk. 4. Exterior siding materials for all buildings shall be limited to brick, stone, or horizontal lap siding (wood or fiber cement board). 5. Building mounted fixtures shall no include wallpacks, spotlights, or floodlights. Pole or self- supported lighting fixtures shall not exceed fifteen (15) feet in height. All lighting shall be shielded to down lighting. Site lighting shall not exceed 0.5 foot candles at adjoining property lines. 6. Any freestanding signs on the properties shall be monument style and shall not be internally illuminated. 7. Exterior HVAC units and other exterior equipment shall not be placed within any front yards along Gatewood Avenue or McVitty Road. 8. The building shall be developed in substantial conformance with the drawing entitled Gatewood Green Exhibit B, dated August 21, 2009 prepared by Balzer & Associates, Inc. Members of City Council Page 5 October 22, 2009 Considerations Surrounding Zoning and Land Use: Compliance with the Zoning Ordinance: The proffered development plan complies with all dimensional standards for the MX district. Conditions proffered by the applicant exceed minimum development standards with respect to these features: 1. Site Lighting: The height of freestanding light fixtures will be limited to 15 feet (18 feet is the maximum in the MX District). Wallpacks, spotlights, and floodlights will be prohibited. 2. Buffer Yards: The development will be separated from residential properties to the east by a Type C, Option 2 buffer yard, retaining wall, and additional evergreen trees. The applicant has proffered that the additional evergreen trees on top of the retaining wall will be selected from Table 642 -1 of the City's Zoning Ordinance and planted every 15 feet on center. Although no buffer yard is required between the MX District and the IN District, the applicant has proffered a Type A, Option 2 buffer yard. 3. Equipment Screening: The applicant has proffered that no mechanical equipment will be placed in any front yard along Gatewood Avenue SW and McVitty Road SW in addition to required screening per Section 36.2- 649(b) of the City's Zoning Ordinance. 4. Signage: Only one monument style sign per road frontage will be permitted with a maximum area of 32 square feet and height of 6 feet. Any development features not shown on the development plan will be regulated by the provisions of the Zoning Ordinance during the comprehensive development plan review process. Conformity with the Comprehensive Plan and Neighborhood Plan: Both Vision 2001 -2020 and the GreaterDeyer/e Neighborhood Plan encourage the design principles reflected in the proposed development, such as buildings that address the street, interior parking, pedestrian amenities, street trees, pedestrian - scaled lighting, limited signage, and so forth. Zoning District Land Use North IN, Institutional District. Place of Worship. South CN, Commercial Neighborhood with Conditions. Office, General /Professional and Retail Sales East R -7, Residential Single - Family District. Single - Family Residences. West CN, Commercial Neighborhood District Financial Institution and Offices, General /Professional. Compliance with the Zoning Ordinance: The proffered development plan complies with all dimensional standards for the MX district. Conditions proffered by the applicant exceed minimum development standards with respect to these features: 1. Site Lighting: The height of freestanding light fixtures will be limited to 15 feet (18 feet is the maximum in the MX District). Wallpacks, spotlights, and floodlights will be prohibited. 2. Buffer Yards: The development will be separated from residential properties to the east by a Type C, Option 2 buffer yard, retaining wall, and additional evergreen trees. The applicant has proffered that the additional evergreen trees on top of the retaining wall will be selected from Table 642 -1 of the City's Zoning Ordinance and planted every 15 feet on center. Although no buffer yard is required between the MX District and the IN District, the applicant has proffered a Type A, Option 2 buffer yard. 3. Equipment Screening: The applicant has proffered that no mechanical equipment will be placed in any front yard along Gatewood Avenue SW and McVitty Road SW in addition to required screening per Section 36.2- 649(b) of the City's Zoning Ordinance. 4. Signage: Only one monument style sign per road frontage will be permitted with a maximum area of 32 square feet and height of 6 feet. Any development features not shown on the development plan will be regulated by the provisions of the Zoning Ordinance during the comprehensive development plan review process. Conformity with the Comprehensive Plan and Neighborhood Plan: Both Vision 2001 -2020 and the GreaterDeyer/e Neighborhood Plan encourage the design principles reflected in the proposed development, such as buildings that address the street, interior parking, pedestrian amenities, street trees, pedestrian - scaled lighting, limited signage, and so forth. Members of City Council Page 6 October 22, 2009 Another key factor is the development's proposed location. The plan states that commercial development should be limited to the identified commercial areas. The plan goes on to state that commercial and residential districts should be well- defined to provide compatible transitions between land uses. Although these properties do not front on Electric Road, they do address this heavily traveled arterial. This property is also bordered on two sides by commercial development and on one side by institutional development. Only the eastern side of the property abuts residential development which the applicant has buffered with evergreen plantings and a retaining wall. Furthermore, office space is a good transitional use to residential development as they tend to operate during regular business hours and typically generate low volumes of traffic. In correspondence with staff, residents in the area have cited concerns about an apparent abundance of vacant office space along Electric Road (Route 419). The applicant indicates that the proposed development would target a market of smaller tenants while the existing office space in the area tends to serve single large users. Vision 2001 -2020 contains four policies relevant to this application: • EC P4. Environmental quality. Stormwater management will be addressed on a regional as well as local level. • EC P5. Trees. Roanoke will maintain and increase its tree canopy coverage as a way to improve air quality. • 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. • IN P4. Parking. Roanoke will encourage on- street parking wherever possible and discourage excessive surface parking lots. Off - street parking will be encouraged to the side or rear of buildings. The Greater Deyerle Neighborhood Plan contains multiple policies relevant to this application: • Community Design Policies: • Neighborhood Character: Established neighborhoods should retain their overall character and development patterns, while incorporating new development that is compatible with the neighborhood, the design guidelines of Vision 2001 -2020, and efficiently uses limited land resources. • Design: Future commercial development should adhere to the design principles of Vision 2001 -2020 for commercial corridors. • New Development: Require new developments to incorporate amenities (e.g. sidewalks and curbs). • Zoning: Commercial and residential zoning districts should be defined to provide compatible transitions between land uses. • Parking: Paved parking spaces and impervious surfaces should be minimized. • Zoning: Maintain the current zoning districts as they are. If property owners request changes: Members of City Council Page 7 October 22, 2009 Evaluate rezoning requests based on the specific recommendations and guidelines of this plan. Consider requests that will replace commercial properties with high - density residential development in areas where commercial uses abut residential properties. Support rezoning requests that will allow for expansion on existing commercial or industrial properties without encroaching into residential areas. • Economic Development Policies: • Existing underused commercial properties should be developed or redeveloped before rezoning additional land for commercial use. • Limit commercial zoning to identified commercial areas. • Transportation and Infrastructure Policies: • Streetscapes should be well maintained, attractive and functional for pedestrians, bicycle, and motor vehicle traffic. • Curb, gutter, and sidewalk will be provided for all new development. • Stormwater runoff should be mitigated as much as possible through improvements that are consistent with the character of the neighborhood. Conformity with the Vision 2001 -2020 Design Principles: Design Principles: Application's Conformity: Parking located to the Interior parking lot proposed. rear and side of principal buildings. Minimized parking. The number of parking spaces provided is six spaces above the minimum required. Minimal curb cuts. A single curb cut will serve the development. Decorative and Freestanding light fixtures will be limited to 15' in height pedestrian- scaled and wallpacks, spotlights, and floodlights are lighting. prohibi ted. Limited number and Only one monument style sign per road frontage will be scale of signs to permitted with a maximum area of 32 square feet and minimize visual clutter. height of 6 feet. Building mounted signs must comply with the District regulations. Public sidewalks. A 5' public sidewalk will be installed along Gatewood Avenue and McVitty Road. Street trees Small deciduous trees selected will be placed 25 feet accommodated in on center within the 6 foot planting strip between the planting strips. sidewalk and curb along Gatewood Avenue and McVitty Road. Streets defined by All three buildings address either Gatewood Avenue buildings. SW or McVitty Road SW. Building fronts and A public entrance facing either Gatewood Avenue or entrances facing a McVitty Road will be connected to the public sidewalk street. by a private sidewalk. Members of City Council Page 8 October 22, 2009 City Department Comments: The applicant conducted a traffic study and provided a report to the City's Traffic Engineer, Hong Liu. The study assumed the office complex would be fully- occupied by the highest trip generating activity (medical offices). The study concluded that the existing streets could accommodate the additional traffic generated with no modifications warranted. The City's Traffic Engineer concurred with the findings of the study. In response to a citizen's concern that McVitty and Gatewood is a dangerous intersection, the City's Traffic Engineer researched accident data and found no reported accidents on record. In response to concerns about drainage on the site, Danielle Bishop, Development Review Coordinator, inspected the site to determine if the applicant's stormwater management approach would be feasible. She determined that stormwater could be adequately managed, although modifications to the conveyance system may be needed to handle anticipated flows. Public Comments: Staff received 12 a -mails and letters from residents and property owners in the Greater Deyerle neighborhood. All expressed opposition to the rezoning, generally citing these concerns: • Commercial encroachment into a residential neighborhood. • Increased traffic congestion posing danger to pedestrians, bicyclists and other motorists. The intersection of Gatewood Avenue and McVitty Road were specifically cited numerous times. It was also noted that full effect of Keagy Village on traffic has not yet been realized as it is predominantly vacant. • Decreased property values. • Exacerbated stormwater management issues that could damage private property. • Adding to the supply of commercial property in an area with a high number of vacant commercial properties. The Greater Deyerle Neighborhood Association held a meeting on September 10, 2009, to discuss the proposed rezoning. Planning Commission Public Hearing: The following comments and questions were posed by the Planning Commission at their September 17, 2009 public hearing. 1. Mr. Henry Scholz asked for the height of the retaining wall and if it would be landscaped at the top and bottom. The applicant responded the wall would be a maximum of 10 feet in height in the middle and then taper down in height Members of City Council Page 9 October 22, 2009 towards both ends. The applicant also stated that there would be a Type C Buffer Yard at the base of the retaining wall and one evergreen tree for every 15 feet at the top of the retaining wall. 2. Mr. Henry Scholz asked if there would be light trespass from the development onto neighboring properties. The applicant responded that the height and type of light fixture had been proffered and would be willing to proffer a one -half foot candle at the property line. 3. Ms. Lora Katz asked if the rendering was proffered. The applicant responded that it was not but would be willing to add it as a condition. 4. Mr. Rick Williams expressed concern about commercial creep into the residential neighborhood. The applicant responded that commercial development farther down Gatewood Avenue would not be feasible. 5. Mr. Rick Williams asked staff how they determined to support an application or not. Staff responded that a variety of factors were studied including compatibility with neighborhood plans. Staff went on to say that future land use maps found in every plan were most effective when paired with strong written policies which is the case with the Greater Deyerle Neighborhood Plan. 6. Ms. Lora Katz stated that although the Greater Deyerle Neighborhood Plan was a good plan, it may create missed opportunities by limiting development. She went on to say that using this property as a buffer for other residents was not the best use and that the proposed development would be an elegant addition to the neighborhood. 7. Mr. Rick Williams stated that the proposed sidewalk may handle potential vehicle /pedestrian conflicts and encouraged the neighborhood to be more open to sidewalk construction and street connectivity so that traffic would be less of an issue. 8. Mr. Rick Williams asked Mr. Henry Scholz his opinion on the viability of this land for residential development. Mr. Scholz responded that he thought it would be very difficult to successfully develop the site for single - family residential which is only use currently allowed on the subject properties. The following comments were presented at the Planning Commission's public hearing on September 17, 2009. 1. John Merkwan (3539 Windsor Oak Circle), President of the Greater Deyerle Neighborhood Association, stated that the neighborhood association was in opposition to the request. He cited increased pedestrian /vehicle conflicts and commercial encroachment into a residential neighborhood. 2. Cathy Comer (5053 Gatewood Avenue, SW), owner of the adjoining residential property, echoed the concerns of the neighborhood association. She said she was also concerned about the value of her property and potential stormwater management issues. 3. Ed Woodard (6623 Cynthia Drive), pastor of the adjoining Oak Grove Church of the Brethren, expressed concern for increased traffic and diminished quality of life. 4. William Broyles (3775 Fairburn Drive) citied similar concerns to those already mentioned. He also stated that the subject properties currently serve as a buffer Members of City Council Page 10 October 22, 2009 for their neighborhood and that an overabundance of available office space was already present on Electric Road. 5. Tommy Jordan (5901 Riverdale Road) supported the proposal citing positive growth and job creation. 6. Gena Doyle (1337 Pulaski Street, Salem), daughter of the subject property's owners, supported the proposal stating that the property was surrounded by commercial uses and that the proposed development was well designed and would create jobs and revenue. 7. David Bullington (6126 St. Ives Court) supported the proposal as a potential tenant of the development. He felt the 9 to 5 type businesses that would be locating in the development would be a good neighbor to residential development and buffer from Electric Road. 8. Bob Caudle (4231 Belford Street, SW) stated that he had personally invited Mrs. Clark to neighborhood meetings and to provide comment on the neighborhood plan. He asked the Planning Commission to uphold the neighborhood plan and vote against the request. 9. Charles Clark (2154 McVitty Road), owner of the subject properties, stated that pedestrian traffic on McVitty Road was minimal and that he saw no adverse effect on the neighborhood or vehicular traffic as a result of this development. In response to Planning Commission concern, the following proffered conditions were added to the request by the applicant. 1. Proffer No. 5 will have an additional sentence to read, 'site lighting shall not exceed 0.5 foot candles at the adjoining property lines'. 2. Addition of proffer No. 8, to read, "The building shall be developed in substantial conformance with the drawing titled, Gatewood Green, Exhibit B, dated August 21, 2009, prepared by Balzer and Associates." 3. Language added to note No. 4 on the Development Plan requiring evergreen screening to be planted along the entire length of the retaining wall and deleting the language about screening just the parking area.. Zo nngi. Aatl eandrne n't . 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: September 22, 2009 Submittal Number: Amended Application No. 2 ftea`u'est (select Mit that a' 11110MI. ❑ Rezoning, Not Otherwise Listed ❑ x Rezoning, Conditional ❑ Rezoning to Planned Unit Development ❑ Establishment of Comprehensive Sign Overlay District Property Information: Address: 12154 McVitty Road Roanoke, VA 24018 Official Tax No(s).: 15100527, 5100528, 5100535, 5100534 Click Here to;Pnnt ❑ Amendment of Proffered Conditions ❑ Amendment of Planned Unit Development Plan ❑ Amendment of Comprehensive Sign Overlay District Existing Base Zoning: , Residential Single - Family [] With Conditions R -7 (If multiple zones, please manually enter all districts.) x❑ Without Conditions Ordinance No(s). for Existing Conditions (If applicable): Not Applicable Requested Zoning: Mx, Mixed Use Proposed Land Use: Permitted Uses within the Mixed Use District Property Owner information: Name: Charles R. Sr & Rebecca H. Clark Phone Number: -77Z _ O I Address: 12154 McVitty Road Roanoke, VA 24018 E -Mail: Property Owner's Signature: Applicant llinformation (��fdifferent from owner Name: Fralin Companies Inc. Phone Number: Address: _ 12404 Electric Road, Syi�e B Roanoke, VA 24018 el 204 -4247 E -Mail: Fralin@fralincompanies.com Applicant's Signature: Authorize`dgAgent lnformat�on (�,f aPplrcabte Name: Balzer & Associates Inc. Phone Number: 772 -9580 Address: 11208 Corporate Circle Roanoke, VA 24018 Signature: E -Mail: Bcrew @Balzer.:: Narrative for Gatewood Green The purpose of this request is to conditionally rezone Tax Parcels 5100527, 5100528, 5100535, and 5100534 from R -7 Residential to MX -Mixed Use zoning to allow for the development of general, professional, and medical offices in a small campus style design. The subject property is located at the intersection- of Mcvitty Road and Gatewood Avenue and includes four parcels totaling approximately 1.43 acres. The subject parcel contains an existing residential building, driveway, and associated improvements. See attached exhibits for legal descriptions and additional parcel information. The proffered development plan (Exhibit `A') indicates the improvements being made within the office park. The proposed buildings are located close to the existing street network to further encourage the City's comprehensive plan. The site is located adjacent to commercial property to the south and west, while bordering an institutional use to the north and a single family residence to the east. The proposed Mixed Use zoning provides a transition between the commercial corridor of Electric Road and the residential neighborhood setting of Gatewood Avenue. The only access point to the development will be located on McVitty Road. The entrance drive will access an internal parking area. A retaining wall will be constructed along the eastern portion of the site to provide a suitable parking area for the development. This retaining wall will be approximately 10' in height at its highest point and taper into the hillside at each end of the wall. The parking area will be screened from properties to the north and east by evergreen buffer material and other landscape plantings. Evergreen plant material will also be provided along the top of the retaining wall to screen the parking area from the adjacent property. Interior greenspace has also been incorporated into the design to promote a campus setting and a pedestrian friendly environment. While it has been noted there are a number of vacant commercial buildings along the 419 corridor, many of those buildings were built to serve only a single large user with limited flexibility. Gatewood.Green is modeled after the very successful Sugarloaf Crossing project on Route 419. This development provides the opportunity for smaller users to lease the space without having to necessarily lease the entire building. In addition, the building construction can be phased allowing for controlled expansion. The architectural character of the proposed one and one half story buildings includes street side facades with glazing and high quality design elements. The building footprints will vary in size, but the character and residential scale will remain integral to the proposed buildings. A conceptual rendering has been provided for the building within the zoning amendment package. (Exhibit `B') Sidewalks along McVitty Road and Gatewood Avenue have been provided along with connections to the site to promote pedestrian traffic. Sidewalks have been provided from the public streets of McVitty and Gatewood Avenue to the three buildings for pubic access. These sidewalks provide pedestrian traffic the opportunity to access the site from adjacent commercial and residential property. " Site lighting will be provided in areas where necessary to deliver safety for the patrons using the site. The scale of the lighting will be residential and utilize shields to prevent and/or reduce glare and light pollution on adjacent properties. The site is located within the neighborhood planning district of the Greater Deyerle. Gatewood Green exemplifies many of the qualities and attributes expressed within the neighborhood plan. The proposed development addresses neighborhood concerns as defined in the neighborhood plan by providing for sidewalks for pedestrian access and stormwater management for the site. There are also many core principles identified within the community design policy that are consistent with the proposed development including incorporating new development that maintains the neighborhood character, mixed use development, sidewalk and curb amenities, and building orientation. Additional attributes include attractive streetscapes and limited parking impacts. These attributes contribute to many of the design policies outlined within the neighborhood plan. Stormwater management and stormwater quality will be provided on -site for the development as required by the City of Roanoke. The stormwater management area will be located underground to provide additional greenspace for the development. The stormwater discharge from the site will be conveyed from the site to the existing stormwater conveyance channels located within the public right of way of Gatewood Avenue and continue along the existing public drainage facilities. These existing conveyance channels will be improved as necessary for the proposed. flows. Stormwater quality units will also be provided on -site increasing the tree canopy and landscaping within the parking area to maintain a campus style setting for Gatewood Green.. This project will be served by public water and sewer located within the right of way of McVitty Road and will be developed in accordance with all applicable regulations including, but not limited to, the Roanoke City Zoning Ordinance. Proffered Conditions: The applicant hereby agrees to proffer the following conditions as they apply to Official Tax Nos. 5100527, 5100528, 5100535, and 5100534: 1. The properties shall be developed in substantial conformance with the Gatewood Green Development Plan prepared by Balzer & Associates Inc. dated July 15, 2009, attached hereto as Exhibit A, subject to any changes required by the City of Roanoke during comprehensive development plan review. 2. A gable roof shall be used for all buildings. Maximum mean roof height shall be 35 feet, measured in accordance with the definition of `height of structure' in Appendix A of the City's Zoning Ordinance. 3. Building facades facing McVitty Road and Gatewood Avenue shall have a minimum 20% glazing, shall have window and door openings that are aligned horizontally and vertically, and shall have an entrance with a sidewalk connecting to the public sidewalk. 4. Exterior siding materials for all buildings shall be limited to brick, stone, or horizontal lap siding (wood or fiber cement board). 5. Building mounted fixtures shall not include wallpacks, spotlights or floodlights. Pole or self - supported lighting fixtures shall not exceed fifteen (15) feet in height. All lighting shall be shielded to down lighting. Site lighting shall not exceed 0.5 foot candles at adjoining property lines. 6. Any freestanding signs on the properties shall be monument style and shall not be internally illuminated. 7. Exterior HVAC units and other exterior equipment shall not be placed within any front yard along Gatewood Avenue or McVitty Road. The buildings shall be developed in substantial conformance with the drawing entitled Gatwood Green Exhibit B, dated August 21, 2009 prepared by Balzer & Associates Inc. Adjoining Property Owners of Tax Map # 4011116, 4011141, 4011136, 4011137, Tax Number: 5100901 Owner Name: First Virginia Bank Southwest Owner Address: 1828 Electric Road, SW, Roanoke, VA 24018 Property Address: 1828 Electric Road, SW, Roanoke, VA 24018 Property Acres: 1.0452 Zoning: CN Tax Number: 5100529 Owner Name: Oak Grove Church Brethren Owner Address: 2138 McVitty Rd., SW, Roanoke, VA 24018 Property Address: 2138 McVitty Rd., SW Roanoke, VA 24018 Property Acres: 2.9550 Zoning: IN Tax Number: 5100526 Owner Name: Comer, Gene C & Cathy H. Owner Address: 5053 Gatewood Ave., SW, Roanoke, VA 24018 Property Address: 5053 Gatewood Ave., SW, Roanoke, VA 24018. Property Acres: 0.5382 Zoning: R -7 Tax Number: 5100812 Owner Name: HP Properties Owner Address: 1960 Electric Road, Roanoke, VA 24018 Property Address: 1906 Electric Road, Roanoke, VA 24018 Property Acres: 0.3090 Zoning: CN(C) �"'` � �;� �.,,�;,r• �' Vie' L� ; , i r SITE LOCATION pry ,�1: a 4 p.• �. .. +a'�S o � f +� !i' t J �. � �; "��.r�• •,y i�'` ° � T , it 4 ! Y t hxAD- AND !ASSOCIATES INC ! REFLECTING TOMORROW Roanoke City Tax Map Numbers 5100527, 5100528, 5100534, & 5100535 BEGINNING AT A POINT at the northeasterly intersection of the right -of -way line for McVitty Road, S.W. (variable width public right -of -way) 8s the right -of -way line for Gatewood Avenue, S.W. (50' public right -of -way), being the southwesterly corner of "New Lot C" as shown on "Subdivision for NABS Investments, Inc." (Map Book 1, Page 1165); thence along the easterly right -of -way line of McVitty Road, S.W. N35 °30'28 "W, 300.91 feet to a point at the northwesterly corner of "New Lot A" as shown on said NABS map; thence leaving the right -of -way line for McVitty Road, S.W. and continuing along the northerly line of said "New Lot A" and the southerly line of N/F Trustees of Oak Grove Church of the Brethren (Roanoke County Deed Book .326, Page 269, Roanoke City Tax Map #5100529) N77 °55'00 "W, 302.00 feet to a point at the northwesterly corner of N/F Gene C. & Cathy H. Comer (Deed Book 1580, Page 1928, Roanoke City Tax Map #5100526); thence leaving the line of said Trustees property and continuing along the westerly line of said Comer property S 10 °44'00 "E, 245.17 feet to a point on the northerly right -of -way line for Gatewood Avenue, S.W.; thence leaving the line of said Comer property and continuing along the northerly right-of-way line for Gatewood Avenue, S.W. the following: S80 °44'00 "W, 40.80 feet to a point at the southeasterly corner of said "New Lot C "; thence S64° 16'00 "W, 139.80 feet to the POINT OF BEGINNING, being all of Roanoke City Tax Map Numbers 5100527, 5100528, 5100534, & 5100535 containing a total of 1.434 acres more or less. PLANNERS • ARCHITECTS • ENGINEERS • SURVEYORS ROANOKE s RICHMOND o NEW RIVER VALLEY a SHENANDOAH VALLEY 1208 Corporate Circle • Roanoke, Virginia 24018 • (540) 772 - 9580 • FAX (540) 772 -8050 www,balzer.cc R R A � O O N � N N H o00 V O ti ~ N W a m 0 0 0 m 1-1-11 U O. Oi m m C W Ul O O 3 v 0 rn 0 0 N a l�iW r F Z J wr, ae A � O O N � N N H o00 V O ti ~ N W a m 0 0 0 m 1-1-11 U O. Oi m m C W Ul O O 3 v 0 rn 0 0 N car %1f�s ' kK d )yf + t a» r~ ti F � y 4 rx, � A � O O N � N N H o00 V O ti ~ N W a m 0 0 0 m 1-1-11 U O. Oi m m C W Ul O O 3 v 0 rn 0 0 N VINIOUTA'3MONVOU=10)-1O 4� NV'1d1N3WdO'13h30 s B N33HE) QOOM31VE) a o° LU Oar[ ' 1 % Ois.Ya . co m I J_p 1 / 1 (13 lo° m s 1 1' O W 1 > 1 Z Y. � COY 1�1 W Z 1 1 ��� @ co LE To- 95- =AUIFR �I I @ 1 � I T M as Me13a 1 I� I 350 � I � r P+�' aaiaiia ou<a - a Ynu pyp I ' � I g PI $ I S j tl�W� iV 1 ,I I 1 I Q I I I � I 1 g ' I I I I I � IN a f f �HS TRAFFIC REPORT •s GATEWOOD GREEN McVitty Road & Gatewood Drive CITY OF ROANOKE, VIRGINIA B&A PROJECT #R0800209.00 DATE: 8 -21 -09 REVISED: 9 -2 -09 - - ! 1-1 1 f , ])A] -Z, AND ASSOCIATES INC, REFLECTING TOMORROW PLANNERS ARCHITECTS ENGINEERS SURVEYORS 1208 Corporate Circle Roanoke, Virginia 24018 Phone(540) 772 -9580 Introduction: Fralin Development Corporation is proposing to rezone approximately 1.43 acres of land at the corner of McVitty Road and Gatewood Drive in the City of Roanoke from R -7 (residential single - family) zoning to MX (mixed use) zoning. The proposed development consists of 23,800 sq. ft. of medical office space and will utilize a full- access entrance from McVitty Road as shown on a concept plan created by Balzer and Associates, Inc. Because the proposed development is projected to generate less than 100 vehicle trips during the peak hour and less than 1,000 vehicle trips per day, a Traffic Impact Study is not required per the Roanoke City Zoning Ordinance. However, this traffic report is being provided to aid in the rezoning process by evaluating the impacts of the proposed development on the existing intersections of Electric Road and Gatewood Drive and McVitty Road and Gatewood Drive. Executive Summary: It is our opinion that no additional infrastructure improvements are warranted as a result of this development. As shown in this report, the proposed development will not have a significant impact on the level of service of the existing intersection of Electric Road and Gatewood Drive, nor will it have a significant impact on the level of service of the existing intersection of McVitty Road and Gatewood Drive. The storage length on Gatewood Drive appears to be adequate to handle the projected traffic at the intersection without blocking McVitty Road. In addition, there is more than enough storage available in the left turn lane from Electric Road southbound onto Gatewood Drive. Existing Daily and Peak Hour Traffic: Existing traffic data for Electric Road is based on 2008 VDOT traffic counts and is summarized below. It is assumed that the majority of traffic is travelling southbound in the AM peak hour (7am -8am) and northbound in the PM peak hour (5pm -6pm). Traffic counts were requested from the City of Roanoke for McVitty Road and Gatewood Drive and were not available for these roads. Traffic data was obtained for a 24 -hour period on both roads by Balzer and Associates, Inc. using traffic counters. The count for McVitty Road took place on Tuesday, October 21, 2008 and the count for Gatewood Drive took place on Thursday, October 23, 2008. These days were chosen because they are in the middle of the week while school is in session and, therefore, should be an accurate representation of normal traffic conditions. The traffic data obtained from these traffic counts is summarized in Attachment 2. It should also be noted that there is an existing traffic signal at the intersection of Electric Road and Keagy Road, one block to the north of the proposed site. It is anticipated that some'vehicles will make a left out of the site to utilize the signal. The existing peak hour traffic count data is shown in Figure 1 below. Because the turning movements were not counted in the field, assumptions were made based on the traffic count information and applied to the existing traffic data to determine the turning movements at each of the two intersections. Electric Road — Route 419 2008 VDOT published data (see Attachment 1): AADT = 28,000 Directional Factor = 0.521 K Factor = 0.088 Figure 1: Existing Peak Hour Traffic Counts 2 Figure 2: Existing Peak Hour Turning Movements i4 ,F" (.is) Electric Rd NB 13 -� �yo) 1180 vph 2p 19 (1284 vph) T 28 9 US) Cs) 17 vph (60 vph) 37 vph (20 vph) Gatewood Dr t1 1284 vph (1180 vph) Electric Rd SB f 12 vph McViffy Rd 08 vph) 20 vph (25 vph) SITE KEY 00 vph = AM PH (7am -8am) (00 vph) = PM PH (5pm -6pm) Potential Site Generated Traffic: This trip generation calculation is based on the proposed land use and floor areas shown on a concept plan created by Balzer and Associates, Inc. (please see Attachment 4). The policies and procedures found in the Institute of Transportation Engineers (ITE) Trip Generation Manual, 7th Edition, were employed to determine the potential site generated traffic volumes for the proposed development. Traffic volumes for the average weekday and weekday peak hours of the adjacent street traffic are provided and illustrated in Table 1 below. As shown, the site is projected to generate fewer than 100 vehicle trips in the peak hour and fewer than 1,000 vehicle trips per day. Figure 3 graphically depicts the projected turning movement volumes generated by the proposed development and Figure 4 shows the post - development turning volumes at the existing intersections including the existing traffic and the site-generated traffic. It is assumed that 70% of the site - generated traffic will make a right into the site from McVitty Road and that the remaining 30% will make a left into the site. These percentages are based on the assumption that the majority of vehicles will enter the site from the intersection of McVitty Road and Gatewood Drive because of the proximity to the site. It is assumed that 33% of the site - generated traffic will make a right out of the site to access the existing traffic signal at the intersection of Keagy Road and Electric Road; the remaining 67% will make a left out of the site because of the proximity to Electric Road. Table 1: Site Generated Traffic 0 Trip Generation Land Use AM PEAK HR PM PEAK HOUR DAILY Proposed ITE Independent Development Code Variable Enter Exit Total Enter Exit Total Total 0 F 9 4� 3f 23 ft'' f L s 1 U g ', *47 # �", r td^�. 2fa 11M, S � .�,, NE" G�, � �y}Kti ipi11 f ' 1 Ai VJ' ` 's tt. ! c4 t .. Table 1: Site Generated Traffic 0 Figure 3: Site Generated Turning Movements 1284 vph r-- y 0180 vph) Electric Rd SB Electric Rd NB (9) '3, 7 3 1180 vph (1284 vph) Iq McVitty Rd Z t� SITE KEY 00 vph = AM PH (7am -8am) Gatewood Dr (00 vph) = PM PH (5pm -6pm) 5 Figure 4: Projected Peak Hour Turning Movements 1284 vph 0180 vph) so Cys) Electric Rd SB Electric Rd NB zll tiz 1180 vph (_u) CPO (1284 vph) !� y2 It—, - X40) t'd C58) Cs") t CI) LV S+ Lq) McVitty Rd t i (44) L ZS s. U s) Cam) SITE KEY 00 vph = AM PH (7am -8am) Gatewood Dr (00 vph) = PM PH (5pm -6pm) Analysis of Future Conditions with Development: Level of service analyses were performed to determine the pre - development operating conditions in the AM and PM peak hours at the existing intersections of Electric Road and Gatewood Drive and McVitty Road and Gatewood Drive. The intersections were then evaluated under post- development conditions to determine the impact of the proposed development on the levels of service at these intersections. In addition to analyzing overall levels of service for the existing intersections, there is also a concern over what effect this development will have on the queue lengths for vehicles waiting to turn onto Electric Road. Because of the limited storage capacity, a queue length of over two vehicles will block vehicles from turning left from Gatewood onto L McVitty. Therefore, the 95% queue length has also been analyzed for this approach. All analyses follow the procedures and methodologies found in the Transportation Research Board's Highway Capacity Manual 2000, Chapter 16. The intersections were evaluated using the HCS+ software. Please refer to Attachment 3 for complete HCS+ results. The current lane configuration includes 2 through lanes on Electric Road in both the NB and SB directions, 1 SB right -turn lane onto Gatewood Drive, 1 NB left -turn lane into a commercial site, and 1 WB shared left -right turn lane onto Electric Road. The westbound lane is wide enough to accommodate storage of approximately two cars turning right onto Electric Road. No U -turns were assumed for traffic in the left turn lane of Electric Road SB. Tables 2 and 3 summarize the pre - development levels of service for the two intersections. At Electric Road and Gatewood Drive, the southbound left turn movement has a level of service of B in the AM and PM peak hours, while the westbound approach has a level of service of C in both the AM and PM peak hours. At McVitty Road and Gatewood Drive, all approaches have a level of service of A in the AM and PM peak hours due to the relatively low volumes of traffic. LOS Electric Rd & Gatewood Dr -- Existing Peak Hr � a b6�ir�A i G� '�i h���.! GB�1pproe�ch., n ,NIA a gda1lNCI; ,I, „� � ������P�� ��SBsApproach;. Lt, Rt Lt AM C B PM C B Table 2: Pre - development LOS of Electric Rd & Gatewood Dr 7 LOS McVitty Rd & Gatewood Dr -- Existing Peak Hr 11111 M Lt, Th Lt, Rt AM A A PM A A Table 3: Pre - development LOS of McVitty Rd & Gatewood Dr Tables 4 and 5 summarize the post - development levels of service for the two intersections. At Electric Road and Gatewood Drive, the southbound left turn movement still has a level of service of B in the AM and PM peak hours, while the westbound approach now has a level of service of D in both the AM and PM peak hours. Although the level of service has dropped from a C to a D for this approach, the approach delay has increased by only 1.3 seconds in the AM peak hour and 3.3 seconds in the PM peak hour. The pre - development approach delay was already very close to a level of service D, so this approach shows a decline in level of service even though the increase in delay is very minimal. At McVitty Road and Gatewood Drive, all approaches maintain a level of service of A in the AM and PM peak hours. Because of the low storage length on Gatewood Drive for vehicles turning onto Electric Road, it is important to analyze the queue lengths for the westbound approach at this intersection. The 95% queue length for this approach is given as 0.65 vehicles in the AM peak hour and 1.05 vehicles in the PM peak hour. This approach can handle storage of approximately 2 vehicles without blocking access to McVitty Road, so the intersection should be adequate to handle the additional traffic. In addition, the left turn lane from Electric Road SB onto Gatewood Drive was analyzed to ensure that adequate storage is available to handle the additional turning movements generated by the proposed site. The 95% queue length for this approach is given as 0.21 vehicles in the AM peak hour and 0.37 vehicles in the PM peak hour. This turn lane provides approximately 170' of storage, which will be more than adequate to handle the projected turning movements. LOS Electric Rd & Gatewood Dr -- Proposed Peak Hr O��j� ir`�''�����'erh 11 IIN" P h Lt, Rt Lt AM D B PM D (B Table 4: Post - development LOS of Electric Rd & Gatewood Dr LOS McVitty Rd & Gatewood Dr--Proposed Peak HrEBA 4 Lt, Th Lt, Rt AM A A PM A A Table 5: Post - development LOS of McVitty Rd & Gatewood Dr 9 ATTACHMENT 1 CY O Q U (6 LL Y O Y v m LL U N i 12 U � N t M N 7 m v F QQv Ci 4� V 01 J ,o U i6 .N O O N W QV a 0 cD O O O M Cl) N C) K ( O O Q LL LL m O M 0 0 ° 0 0 ° U u U 0 0 0 O O O 0 0 0 O O �- 0 0 0 O O O 0 0 o O O. 0 0 0 O O O 0) o o rn 0) rn ] Q a t9 (9 i b � C 1Gr o o ti o ) pppp � rn o N ,• : O tM0 Cl) O E e O O N W0 C r O ca 0 U U N W V v, a UNN7 N Wt W M; M cD O O O M N M Iq O LL n O 0 0 U 0 O 0 0 Cl 0 0 O 0 rn 0 � O 0M � N o O JN L O T U V N W O O O Q) N O LL n O) 0 0 U 0 O 0 N 0 0 O 0 co M b c7 d W 0 < d A o � M E C IC) U) _T U U N W M cD 0 O O Cl) N O (D O LL Cl) O) 0 0 LL 0 O eo- 0 r r 0 O 0 (D M s c� C o N � � M U7 O JAL O _T U U V N W J Q Q.' Q•V' c9 0 O O O M (ND O LL O_ 0 U- 0 0 N 0 0 r ;E cD M O • o � 4 to f ),03 O O J L LL� O _T U U N W d' m O O O LO '7 M (D O Q O 0 U 0 O 0 N 0 0 0 O rn m CD ] 0 i m m M O C LLU F Y O C 0 N W V cD O (D O N O) O O I K LL 0 O i N 0 r 0 ;E rn V, A _ F F O F °o O m r m U � n M < Iq a O CO C f o f ! LL N O ca C C N W v. 0 z O N O) O) m a) 4') LQ O O ' LL z O_ Cl) 0 0 LL z 0 0 O O 0 C N N 0 M Cl) 0 0 0 0 O O O O rn rn 3 a Z "a O O x° 0 V °0 9 ° 3 ] � M i N o (°D odo r O Y O m 0 m cn N E U 0 O m 0 m N cD O O O N O LL M O 0 0 LL 0 O 0 N (M r 0 O 0 rn O x O o O < Cl) o M N C U 4 Y O m 0 0 C cu 2 N 6 i LL- C3 O O LO LL a) 0 0 U 0 O C M 0 0 0 Z (°O M LL SO o r O) Cl) O C zU W Y O m m 0 (n m m 2 N U O O O O N O O O I LL co O 0 0 LL 0 O 0 N i \o Cl) 0 O i> rn O Q � 01 r C O C 9 Y O m 0 In G m N 0 O O O_ N V N O LL LO O O 0 LL 0 O 0 N o co 0 O O rn F O 0 I 0 J� L O T u 65 m 2 N O O O M O O LL 7 O 0 0 LL 0 O 0 O 0 O 0 O ;2 co M O °o 9 CO E Cl) JAL to O U W, m C13 N M D) 0 0 N N v. v v (D v v M D) 0 0 N N ATTACHMENT 2 McVitty Rd Roanoke City Count Conducted on 10 -21 -08 Time NB SB Total both directions Directional Split NB SB 12 AM - 1 AM 1 1 2 50.0% 50.0% 1 AM - 2 AM 0 0 0 n/a n/a 2 AM - 3 AM 0 0 0 n/a n/a 3 AM - 4 AM 0 0 0 n/a n/a 4 AM - 5 AM 0 0 0 n/a n/a 5 AM - 6 AM 0 2 2 0.0% 100.0% 6 AM - 7 AM 8 8 16 50.0% 50.0% 8 AM - 9 AM 15 16 31 48.4% 51.6% 9 AM -10 AM 13 10 23 56.5% 43.5% 10 AM - 11 AM 15 11 26 57.7% 42.3% 11 AM - 12 PM 23 18 41 56.1% 43.9% 12 PM - 1 PM 21 13 34 61.8% 38.2% 1 PM - 2 PM 24 13 37 64.9% 35.1% 2 PM - 3 PM 23 13 36 63.9% 36.1% 3 PM - 4 PM 30 23 53 56.6% 43.4% 4 PM - 5 PM 21 20 41 51.2% 48.8% .,x55P@lK!�„6,PMf,,., §�5, 6 PM - 7 PM 18 17 35 51.4% 48.6% 7 PM - 8 PM 16 4 20 80.0% 20.0% 8 PM - 9 PM 8 4 12 66.7% 33.3% 9 PM - 10 PM 11 7 18 61.1% 38.9% 10 PM - 11 PM 5 5 10 50.0% 50.0% 11 PM - 12 AM 2 0 2 100.0% 0.0% Totals: 299 215 514 58.2% 41.8% Gatewood Dr Roanoke City Count Conducted on 10 -23 -08 Time EB WB Total both directions Directional Split NB SB 12 AM - 1 AM 2 0 2 100.0% 0.0% 1 AM - 2 AM 3 0 3 100.0% 0.0% 2 AM - 3 AM 0 0 0 n/a n/a 3 AM - 4 AM 1 0 1 100.0% 0.0% 4 AM - 5 AM 1 1 2 50.0% 50.0% 5 AM - 6 AM 2 9 11 18.2% 81.8% 6 AM - 7 AM 5 17 22 22.7% 77.3% ;" �t, 7 ANM $ Affil tAI " <,s .t F 1.7 ' ,,t 3 8 AM - 9 AM 18 26 44 40.9% 59.1% 9 AM - 10 AM 16 23 39 41.0% 59.0% 10 AM - 11 AM 20 25 45 44.4% 55.6% 11 AM - 12 PM 21 19 40 52.5% 47.5% 12 PM - 1 PM 25 21 46 54.3% 45.7% 1 PM - 2 PM 25 26 51 49.0% 51.0% 2 PM - 3 PM 36 20 56 64.3% 35.7% 3 PM - 4 PM 42 27 69 60.9% 39.1% 4 PM - 5 PM 38 23 61 62.3% 37.7% { r- � �. INON25�R� /o 6 PM - 7 PM 28 17 45 62.2% 37.8% 7 PM - 8 PM 22 11 33 66.7% 33.3% 8 PM - 9 PM 16 9 25 64.0% 36.0% 9 PM - 10 PM 8 3 11 72.7% 27.3% 10 PM - 11 PM 3 11 14 21.4% 78.6% 11 PM - 12 AM 7 4 11 63.6% 36.4% Totals:. 416 349 765 54.4% 45.6% Date /Time /Volume /Average Speed /Temperature Report HI -Star ID: 8314 Street: Gatewood 1 State: Va City: Roanoke County: NC97 Bin Date And Time Range Wed,Oct/22 /2008 [14:00- 15:00] [15:00- 16:00] [16:00- 17:00] [17:00- 18:00] [18:00- 19:00] [19:00- 20:00] [20:00- 21:00] [21:00- 22:00] [22:00 - 23:00] [23 :00- 00:00] Wed,Oct/22 /2008 Thu,Oct/23 /2008 [00:00- 01:00] [01:00- 02:00] [02:00- 03:00] [03:00- 04:00] [04:00- 05:00] [05:00- 06:00] [06:00- 07:00] [07:00- 08:00] [08:00- 09:00] [09:00- 10:00] [10:00- 11:00] [11:00- 12:00] Beqin: Oct/22/2008 02:00:00 PM End: Oct/24/2008 10:00:00 Lane: EB Hours: 44.00 Oper: DCN Period: 60 Posted: 25 Raw Count: 781 AADT Factor: 1 AADT Count: 426 Ro; Period Average Roadway S Volume Speed Temperature W 43 18 MPH 83 F 56 23 MPH 83 F 44 22 MPH 78 F 58 22 MPH 72 F 30 22 MPH 66 F 24 23 MPH 62 F 23 25 MPH 58 F 21 23 MPH 58 F 6 25 MPH 56 F 1 18 MPH 54 F 306 22 MPH .67 F 2 31 MPH 52 F 3 25 MPH 52 F 0 0 MPH 52 F 1 24 MPH 50 F 1 24 MPH 50 F 2 24 MPH 48 F 5 18 MPH 48 F 17 23 MPH 48 F 18 25 MPH 48 F 16 21 MPH 50 F 20 24 MPH 54 F 21 20 MPH 72 F Thu,Oct/23 /2008 [12:00- 13:00] [13:00- 14 :00] [14:00- 15:00] [15:00- 16:00] [16:00- 17:00] �- p [17:00- 18:00] [18:00- 19:00] [19:00- 20:00] [20:00- 21 :00] [21:00- 22:00] [22:00- 23:00] [23:00- 00:00] Thu,Oct/23 /2008 Fri3Oct/24 /2008 [00:00- 01:00] [01:00- 02:00] [02:00- 03:00] [03:00- 04:00] [04:00- 05:00] [05:00- 06:00] [06:00- 07:00] [07:00 - 08:00] [08:00- 09:00] [09:00 - 10:00] 25 23 MPH 76 F 25 20 MPH 82 F 36 21 MPH 82 F 42 22 MPH 76 F 38 22 MPH 74 F 60 22 MPH 68 F 28 24 MPH 62 F 22 23 MPH 58 F 16 22 MPH 54 F 8 26 MPH 54 F 3 22 MPH 56 F 7 26 MPH 56 F 416 23 MPH 59 F 2 24 MPH 56 F 2 31 MPH 56 F 0 0 MPH 56 F 1 24 MPH 54 F 0 0 MPH 54 F 1 24 MPH 54 F 9 23 MPH 54 F 14 21 MPH 54 F 13 22 MPH 54 F 17 21 MPH 56 F Date /Time /Volume /Average Speed /Temperature Report HI -Star ID: 8318 Beqin: Oct/22/2008 02:00:00 PM End: Oct/24/2008 10:00:00 Street: Gatewood 2 Lane: WB Hours: 44.00 State: Va Oper. DCN Period: 60 City: Roanoke Posted: 25 Raw Count: 658 County: NC97 Bin AADT Factor: 1 AADT Count: 359 Date Ro And Period Average Roadway S Time Range Volume Speed Temperature W Wed,Oct/22 /2008 [14:00- 15:00] 25 5 MPH 85 F [15:00- 16:00] 45 24 MPH 85 F [16:00- 17:00] 20 33 MPH 82 F [17:00- 18:00] 40 32 MPH 74 F [18:00- 19:00] 18 19 MPH 68 F [19:00- 20:00] 17 27 MPH 64 F [20:00- 21:00] 6 19 MPH 62 F [21:00- 22:00] 7 19 MPH 60 F [22:00- 23:00] 12 18 MPH 58 F [23:00- 00:00] 2 19 MPH 56 F Wed,Oct/22 /2008 192 19 MPH 69 F Thu,Oct/23 /2008 [00:00- 01:00] 0 0 MPH 54 F [01:00- 02:00] 0 0 MPH 54 F [02:00- 03:00] 0 0 MPH 52 F [03:00- 04:00] 0 0 MPH 52 F [04:00- 05:00] 1 18 MPH 52 F [05:00- 06:00] 9 18 MPH 50 F [06:00- 07:00] 17 18 MPH 50 F —1 [07:00- 08:00] 37 21 MPH 50 F [08:00- 09:00] 26 19 MPH 50 F [09:00- 10:00] 23 22 MPH 54 F [10:00- 11:00] 25 21 MPH 68 F [11:00- 12:00] 19 22 MPH 76 F Thu,Oct/23 /2008 [12:00- 13:00] [13:00- 14:00] [14:00- 15:00] [15:00- 16:00] [16:00- 17:00] —a [17:00- 18:00] [18:00- 19:00] [19:00- 20:00] [20:00- 21:00] [21:00- 22:00] [22:00 - 23:00] [23:00- 00:00] Thu,Oct/23 /2008 Fri3Oct/24 /2008 [00:00- 01:00] [01:00- 02:00] [02:00- 03:00] [03:00- 04:00] [04:00- 05:00] [05:00- 06:00] [06:00- 07:00] [07:00- 08:00] [08:00- 09:00] [09:00- 10:00] 21 25 MPH 80 F 26 26 MPH 83 F 20 18 MPH 83 F 27 24 MPH 78 F 23 23 MPH 76 F 20 20 MPH 68 F 17 20 MPH 64 F 11 34 MPH 58 F 9 31 MPH 56 F 3 33 MPH 56 F 11 33 MPH 56 F 4 34 MPH 56 F 349 21 MPH 62 F 3 33 MPH 56 F 0 0 MPH 56 F 1 34 MPH 56 F 1 24 MPH 56 F 1 28 MPH 56 F 10 29 MPH 56 F 20 29 MPH 54 F 28 29 MPH 54 F 23 30 MPH 56 F 30 27 MPH 56 F Date /Time/Volume /Average Speed /Temperature Report HI -Star ID: 8318 Street: McVitty 1 State: Va City: Roanoke County: NC97 Bin Date And Time Range Tue,Oct/21 /2008 [00:00- 01:00] [01:00- 02:00] [02:00 - 03:00] [03:00- 04:00] [04:00- 05:00] [05:00- 06:00] [06:00- 07:00] [07:00- 08:00] [08:00- 09:00] [09:00- 10:00] [10:00- 11:00] [11:00- 12:00] [12:00- 13:00] [13:00 - 14:00] [14:00 - 15:00] [15:00- 16:00] [16:00- 17:00] [17:00- 18:00] [18:00- 19:00] [19:00- 20:00] [20:00- 21:00] [21:00- 22:00] [22:00- 23:00] [23:00- 00:00] Beqin: Oct/21/2008 12:00:00 AM End: Oct/22/2008 11:00:00 Lane: NB Hours: 35.00 Oper: DCN Period: 60 Posted: 25 Raw Count: 498 AADT Factor: 1 AADT Count: 341 Ro; Period Average Roadway S Volume Speed Temperature W 1 5 MPH 52 F 0 0 MPH 52 F 0 0 MPH 52 F 0 0 MPH 52 F 0 0 MPH 52 F 0 0 MPH 52 F 8 9 MPH 52 F 20 29 MPH 52 F 15 48 MPH 54 F 13 55 MPH 56 F 15 49 MPH 66 F 23 44 MPH 76 F 21 45 MPH 76 F 24 40 MPH 83 F 23 30 MPH 76 F 30 29 MPH 70 F 21 30 MPH 68 F 25 25 MPH 64 F 18 31 MPH 62 F 16 47 MPH 58 F 8 50 MPH 58 . F 11 63 MPH 56 F 5 60 MPH 54 F 2 54 MPH 52 F Tue,Oct/21 /2008 Tue,Oct/21 /2008 299 31 MPH 60 F Wed,Oct/22 /2008 [00:00- 01:00] 0 0 MPH 52 F [01:00- 02:00] 0 0 MPH 52 F [02:00- 03:00] 0 0 MPH 52 F [03:00- 04:00] 0 0 MPH 52 F [04:00- 05:00] 1 54 MPH 52 F [05:00- 06:00] 0 0 MPH 50 F [06:00- 07:00] 12 54 MPH 50 F [07:00 - 08:00] 19 50 MPH 50 .F [08:00- 09:00] 16 49 MPH 50 F Wed,Oct/22 /2008 199 39 MPH 52 F Oct/21/2008 12:00:00 AM Oct/22/2008 11:00:00 AM 498 31 MPH 58 F Date /Time/Volu.me /Average Speed /Temperature Report HI -Star ID: 8314 Street: McVitty 2 State: Va City: Roanoke County: NC97 Bin Date And Time Range Tue,Oct/21 /2008 [00:00- 01:00] [01:00- 02:00] [02:00- 03:00] [03:00 - 04:00] [04:00- 05:00] [05:00- 06:00] [06:00- 07:00] [07:00- 08:00] [08:00- 09:00] [09:00- 10:00] [10:00- 11:00] [11:00- 12:00] [12:00 - 13:00] [13:00- 14:00] [14:00- 15:00] [15:00- 16:00] [16:00- 17:00] [17:00- 18:00] [18:00- 19:00] [19:00- 20:00] [20:00- 21:00] [21:00- 22:00] (22:00- 23:00] [23:00- 00:00] Beqin: Oct/21/2008 12:00:00 AM Lane: SB Oper: DCN Posted: 25 AADT Factor: 1 End: Oct/22/2008 11:00:00 Hours: 35.00 Period:. 60 Raw Count: 425 AADT Count: 291 Ro: Period Average Roadway S Volume Speed Temperature W 1 28 MPH 54 F 0 0 MPH 54 F 0 0 MPH 52 F 0 0 MPH 52 F 0 0 MPH 52 F 2 23 MPH 54 F 8 23 MPH 54 F 12 26 MPH 52 F 16 28 MPH 56 F 10 25 MPH 66 F ill 24 MPH 72 F 18 24 MPH 80 F 13 23 MPH 80 F 13 25 MPH 89 F 13 24 MPH 89 F 23 25 MPH 76 F 20 25 MPH 74 F 18 24 MPH 70 F 17 24 MPH 64 F 4 24 MPH 62 F 4 28 MPH 58 F 7 25 MPH 58 F 5 19 MPH 56 F 0 0 MPH 54 F Tue,Oct/21 /2008 Tue,Oct/21 /2008 215 24 MPH 64 F Wed,OcV22 /2008 [00:00- 01:00] 0 0 MPH 52 F [01:00 - 02:00] 0 0 MPH 52 F [02:00- 03:00] 0 0 MPH 52 F [03:00- 04:00] 0 0 MPH 52 F [04:00- 05:00] 0 0 MPH 52 F [05:00- 06:00] 1 18 MPH 52 F [06:00- 07:00] 7 23 MPH 50 F [07:00- 08:00] 19 25 MPH 50 F [08:00- 09:00] 21 23 MPH 52 F Wed,OcV22 /2008 210 18 MPH 53 F Oct/21/2008 12:00:00 AM Oct/22/2008 11:00:00 AM 425 24 MPH 60 F ATTACHMENT 3 Copyright © 2005 University of Florida, All Rights Reserved HCS +TM Version 5.21 Generated: 8/21/2009 9:35 AM TWO -WAY STOP CONTROL SUMMARY Ge ,�eraI Infor130. Analyst Agency /Co. Date Performed Analysis Time Period CPB Balzer and Associates, Inc. 812112009 AM Peak H.r - Pre Intersection Electric, Rd / Gate wood Dr Jurisdiction Roanoke City Analysis Year Project Description Gatewood Green East/West Street: Gatewood Dr North /South Street: Electric Rd Intersection Orientation: North -South IStu.dy Period hrs : 0.25 c e �/�olumes;:a'nd Acl ust, ents '3. Won Southbound Major Street Northbound Movement 1 2 3 4 5 6 L T R L T R Volume veh/h) 1180 13 14 1284 Peak -Hour Factor, PHF 0.90 0.90 0.90 0.90 0.90 0.90 Hourly Flow Rate, HFR veh /h 0 1311 14 15 1426 0 Percent Heavy Vehicles 2 -- -- 2 Median Type Two Way Left Turn Lane RT Channelized 0 0 Lanes 0 2 1 1 2 0 Configuration T R L T Upstream Signal 0 0 Minor Street Eastbound Westbound Movement 7 8 9 10 11 12 L T R L T R Volume veh/h) 20 . 19 Peak -Hour Factor, PHF 0.90 0.90 0.90 0.90 0.90 0.90 Hourly Flow Rate, HFR veh /h 0 0 0 22 0 21 Percent Heavy Vehicles 0 0 0 2 2 2 Percent Grade ( %) 0 4 Flared Approach y y Storage 3 2 RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration Della,xQ:ue.,ue L.en th ' a tl Le,ei of5_etwice > •'' Rtw Approach Northbound Southbound Westbound LR Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L LR v (veh /h) 15 43 C (m) (veh /h) 517 291 v/c 0.03 0.15 95% queue length 0.09 0.51 Control Delay (s /veh) 1,2.2 24.0 LOS B C Approach Delay (s /veh) -- -- 24.0 Approach LOS -- -- C Copyright © 2005 University of Florida, All Rights Reserved HCS +TM Version 5.21 Generated: 8/21/2009 9:35 AM Copyright © 2005 University of Florida, All Rights Reserved HCS +TM Version 5.21 Generated: 8/21/2009 9:33 AM TWO -WAY STOP CONTROL SUMMARY Analyst Agency /Co. Date Performed Analysis Time Period CPB Balzer and Associates, Inc. 812112009 AM Peak Hr - Post Intersection Jurisdiction Analysis Year Electric Rd./.Gatewood Dr Roanoke City Project Description Gatewood Green East/West Street: Gatewood Dr North /South Street: Electric Rd Intersection Orientation: North -South IStudy Period hrs : 0.25 _ Vehicle 1/o.Iwumes and c... Acl. Lustmgnfis Ti.n.... .»..A_......« ,6. j µ�: ..�- ` .'`� s� Cl''" c' tz: • �Av,.. MIN Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume veh/h) 1180 28 30 1284 Peak -Hour Factor, PHF 0.90 0.90 0.90 0.90 0.90 0.90 Hourly Flow Rate, HFR veh /h 0 1311 31 33 1426 0 Percent Heavy Vehicles 2 -- -- 2 Median Type Two Way Left Turn Lane RT Channelized 0 0 Lanes 0 2 1 1 2 0 Configuration T R L T Upstream Signal 0 0 Minor Street Eastbound Westbound Movement 7 8 9 10 11 12 L T R L T R Volume veh/h) 24 - 22 Peak -Hour Factor, PHF 0.90 0.90 0.90 0.90 0.90 0.90 Hourly Flow Rate, HFR veh /h 0 0 0 26 0 24 Percent Heavy Vehicles 0 0 0 2 2 2 Percent Grade ( %) 0 4 Flared Approach y y Storage 3 2 RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration LR Dela ," QIeue Len' th a d ewbel f�Service Approach Northbound Southbound Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L LR v (veh /h) 33 50 C (m) (veh /h) 509 277 v/c 0.06 0.18 95% queue length 0.21 0.65 Control Delay (s /veh) 12.6 25.3 LOS B D Approach Delay (s /veh) -- -- 25.3 Approach LOS -- -- D Copyright © 2005 University of Florida, All Rights Reserved HCS +TM Version 5.21 Generated: 8/21/2009 9:33 AM Copyright © 2005 University of Florida, All Rights Reserved HCS+TM Version 5.21 Generated: 8/21/2009 9:31 AM TWO -WAY STOP CONTROL SUMMARY Ge'h _1(nfor�m�at Analyst Agency /Co. Date Performed Analysis Time Period CPB Balzer. and Associates, Inc. 812112009 PM Peak Hr - Pre Intersection Jurisdiction Analysis Year Electric; Rd/ GatewoodDr Roanoke City Project Description Gatewood Green East/West Street: Gatewood Dr North /South Street: Electric Rd Intersection Orientation: North - South IStudy Period hrs : 0.25 �e.hicle Olio mesand .A�A.f,. d'i�� stne��nfis _.a... �w a , Major Street Northbound Southbound Movement 1 2 3 4 5 6 ° L T R L T R Volume veh/h) 1284 40 38 .1180 Peak -Hour Factor, PHF 0.90 0.90 0.90 0.90 0.90 0.90 Hourly Flow Rate, HFR veh /h 0 1426 44 42 1311 0 Percent Heavy Vehicles 2 -- -- 2 -- -- Median Type Two Way Left Turn Lane RT Channelized 0 0 Lanes 0 2 1 1 2 0 Configuration T R L T Upstream Signal 0 0 Minor Street Eastbound Westbound Movement 7 8 9 10 11 12 L T R L T R Volume veh/h) 15 16 Peak -Hour Factor, PHF 0.90 0.90 0.90 0.90 0.90 0.90 Hourly Flow Rate, HFR veh /h 0 0 0 16 0 17 Percent Heavy Vehicles 0 0 0 2 2 2 Percent Grade ( %) 0 4 Flared Approach y Y Storage 3 2 RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration LR Del_a Qeu. _en 'th and Approach ._ e� elgf Se, �;ic_e Northbound Southbound N XMIN, } Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L LR v (veh /h) 42 33 C (m) (veh /h) 455 316 v/c 0.09 0.10 95% queue length 0.30 0.35 Control Delay (s /veh) 13.7 22.2 LOS B C Approach Delay (s /veh) -- -- 22,2 Approach LOS -- — C Copyright © 2005 University of Florida, All Rights Reserved HCS+TM Version 5.21 Generated: 8/21/2009 9:31 AM TWO -WAY STOP CONTROL SUMMARY Gra Info`rm'ation �x 5ite'In E . � �. form Analyst CPB Intersection Agency/Co. Balzer and Associates, Inc: Jurisdiction Date Performed 812112009 Analysis Year Analysis Time Period PM Peak Hr - Post -i Electric Rd-i Gatewood Dr Roanoke City . Project Description Gatewood Green East/West Street: Gatewood Dr North /South Street: Electric Rd Intersection Orientation: North -South IStudy Period hrs : 0.25 �/ehicl`e "1/�ol!ure and` - d ust�, eats Northbound Southbound Major Street Movement 1 2 3 4 5 6 L T R L T R Volume veh/h) 1284 49 45 1180 Peak -Hour Factor, PHF 0.90 0.90 0.90 0.90 0.90 0.90 Hourly Flow Rate, HFR veh /h 0 1426 54 50 1311 0 Percent Heavy Vehicles 2 -- — Median Type Two Way Left Turn Lane RT Channelized 0 0 Lanes 0 2 1 1 2 0 Configuration T R L T Upstream Signal 1 0 0 Minor Street Eastbound Westbound Movement 7 8 9 10 11 12 L T R L T R Volume veh/h) 36 39 Peak -Hour Factor, PHF 0.90 0.90 0.90 0.90 0.90 0.90 Hourly Flow Rate, HFR veh /h 0 0 0_ 40 0 43 Percent Heavy Vehicles 0 0 0 2 2 2 Percent Grade ( %) 0 4 Flared Approach y y Storage 3 2 RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration LR Southbound Approach Northbound Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration L LR v (veh /h) 50 83 C (m) (veh /h) 451 311 v/c 0.11 0.27 95 % queue length 0.37 1.05 Control Delay (s /veh) 14:0 25.5 LOS B D Approach Delay (s /veh) — -- 25.5 Approach LOS -- -- D Copyright 0 2005 University of Florida, All Rights Reserved HCS +TM Version 5.21 Generated: 8/21/2009 9:34 AM Analyst Agency /Co. Date Performed Analysis Time Period TWO -WAY STOP CONTROL SUMMARY CPB Intersection Balzer -and Associates, Inc. Jurisdiction 812112009 Analysis Year AM Peak Hr - Pre McVitty Rd 1 Gatewood Dr Roanoke City Project Description Gatewood Green East/West Street: Gatewood Dr North /South Street: McVitty Rd Intersection Orientation: East -West IStudy Period hrs : 0.25 , Major Street Eastbound Westbound Movement 1 2 3 4 5 6 L T R L T R Volume veh/h) 11 16 28 9 Peak -Hour Factor, PHF 0.90 0.90 0.90 0.90 0.90 0.90 Hourly Flow Rate, HFR veh /h 12 17 0 0 31 10 Percent Heavy Vehicles 2 -- -- 2 -- -- Median Type Undivided RT Channelized 0 0 Lanes 0 1 0 0 1 0 Configuration LT TR Upstream Signal 0 1 0 Minor Street Northbound Southbound Movement 7 8 9 10 11 12 L T R L T R Volume veh/h) 1 11 Peak -Hour Factor, PHF 0.90 0.90 0.90 0.90 0.90 0.90 Hourly Flow Rate, HFR veh /h 0 0 0 1 0 12 Percent Heavy Vehicles 2 0 0 2 0 2 Percent Grade ( %) 0 4 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration LR Del Queue a :_ th a . tl 1e.' o Se�_de k � °� INERROMW Approach Eastbound Westbound Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration LT LR v (veh /h) 12 13 C (m) (veh /h) 1568 1029 v/c 0.01 0.01 95% queue length 0.02 0.04 Control Delay (s /veh) T3 8.5 LOS A A Approach Delay (s /veh) -- -- 8.5 Approach LOS -- -- A Copyright © 2005 University of Florida, All Rights Reserved /-ICS +Tm Version 5.21 Generated: 8/21/2009 9:32 AM East/West Street: Gatewood Dr North /South Street: McVitty Rd Intersection Orientation: East -West IStudy Period hrs : 0.25 Major Street Eastbound Westbound Movement 1 2 3 4 5 6 L T R L T R Volume veh/h) 42 16 28 11 Peak -Hour Factor, PHF 0.90 0.90 0.90 0.90 0.90 0.90 Hourly Flow Rate, HFR veh /h 46 17 0 0 31 12 Percent Heavy Vehicles 2 -- -- 2 -- -- Median Tye Undivided RT Channelized 0 0' Lanes 0 1 0 0 1 0 Configuration LT TR Upstream Signal 0 0 Minor Street Northbound Southbound Movement 7 8 9 10 11 12 L T R L T R Volume veh/h) 2 18 Peak -Hour Factor, PHF 0.90 0.90 0.90 0.90 0.90 0.90 Hourly Flow Rate, HFR veh /h 0 0 0 2 0 20 Percent Heavy Vehicles 2 0 0 2 0 2 Percent Grade ( %) 0 4 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration LR Len x,. and Leue_ o_ S,ervi.,e Approach Eastbound Westbound Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration LT LR v (veh /h) 46 22 C (m) (veh /h) 1566 1014 v/c 0.03 0.02 95% queue length 0.09 0.07 Control Delay (s /veh) 7.4 8,6 LOS A A Approach Delay (s /veh) -- -- 8,6 Approach LOS -- -- A Copyright © 2005 University of Florida, All Rights Reserved HCS +TM Version 5.21 Generated: 8/21/2009 9:34 AM Copyright © 2005 University of Florida, All Rights Reserved HCS +TM Version 5.21 Generated: 8/21 12009 9:33 AM TWO -WAY STOP CONTROL SUMMARY en�e�rsa n #�or�,mat�o a r Site An;*st . Agency /Co. Date Performed Analysis Time Period CPB Balzer and Associates, Inc. 812112009 PM Peak Hr - Pre Intersection Jurisdiction Analysis Year McVitty Rd / Gatewood 'Dr Roanoke City Project Description Gatewood Green East/West Street: Gatewood Dr' North /South Street: McVitty Rd Intersection Orientation: East -West IStudy Period hrs : 0.25 ehicle Volumes an Ad'uQ61f. � "11 R �, : ; Major Street Eastbound Westbound Movement 1 2 3 4 5 6 L T R L T R Volume veh/h) 20 58 15 5 Peak -Hour Factor, PHF 0.90 0.90 0.90 0.90 0.90 0.90 Hourly Flow Rate, HFR veh /h 22 64 0 0 16 5 Percent Heavy Vehicles 0 -- -- 2 -- -- Median Type Undivided RT Channelized 0 0 Lanes 0 1 0 0 1 0 Configuration LT TR Upstream Signal 0 0 Minor Street Northbound Southbound Movement 7 8 9 10 11 12 L T R L T R Volume veh/h) 2 16 Peak -Hour Factor, PHF 0.90 0.90 0.90 0.90 0.90 0.90 Hourly Flow Rate, HFR veh /h 0 0 0 2 0 17 Percent Heavy Vehicles 2 0 0 2 0 0 Percent Grade ( %) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration LR Westbound Northbound Approach Eastbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration LT LR v (veh /h) 22 19 C (m) (veh /h) 1608 1043 v/c 0.01 0.02 95% queue length 0.04 0.06 Control Delay (s /veh) 7.3 8.5 LOS A A Approach Delay (s /veh) -- -- 8.5 Approach LOS -- — A Copyright © 2005 University of Florida, All Rights Reserved HCS +TM Version 5.21 Generated: 8/21 12009 9:33 AM TWO -WAY STOP CONTROL SUMMARY. Ge er jj a lab � Analyst CPB Intersection McVitty Rd i' Gatewood .Dr Agency /Co. Balzer and Associates, Inc. Jurisdiction. Roanoke City Date Performed- 812112009 Analysis Year Analysis Time Period . PM Peak Hr - Post Project Description Gatewood Green East/West Street: Gatewood Dr North /South Street: M&Vitty Rd Intersection Orientation: East -West Study Period hrs : 0.25 ,e�hicle olumes a d Ad's# ents - ti Major Street Eastbound Westbound Movement 1 2 3 4 5 6 L T R L T R Volume veh/h) 36 58 15 6 Peak -Hour Factor, PHF 0.90 0.90 0.90 0.90 0.90 0.90 Hourly Flow Rate, HFR veh /h 40 64 0 0 16 6 Percent Heavy Vehicles 0 -- -- 2 -- -- Median Type Undivided RT Channelized 0 0 Lanes 0 1 0 0 1 r 0 Configuration LT TR Upstream Signal 0 0 Minor Street Northbound Southbound Movement 7 8 9 10 11 12 L T R L T R Volume veh/h) 4 60 Peak -Hour Factor, PHF 0.90 0.90 0.90 0.90 0.90 0.90 Hourly Flow Rate, HFR veh /h 0 0 0 4 0. 66 Percent Heavy Vehicles 2 0 0 2 0 0 Percent Grade ( %) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration LR pela'Y'1900 eue. Len f_ r end l.e el cif S® Rice r. .,.,_. i,w . ��i a , Approach Eastbound Westbound Northbound Southbound Movement 1 4 .7 8 9 10 11 12 Lane Configuration LT LR v (veh /h) 40 70 C (m) (veh /h) 1607 1048 v/c 0.02 0.07 95% queue length 0.08 0.21 Control Delay (s /veh) 7.3 8.7 LOS A A Approach Delay (s /veh) — -- 8.7 Approach LOS -- -- A Copyright O 2005 University of Florida, All Rights Reserved HCS+TM Version 5.21 Generated: 8121/2009 9:34 AM The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times -------------------------------------------------- +------------------ - - - - -- BALZER & ASSOCIATES 1208 CORPORATE CIR �I „ ROANOKE VA 24018 NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will hold a public hearing on Thursday, October 22, 2009, at 7:00 . REFERENCE: 32772805 I p.m., or as soon thereafter as the matter may be Lti. 11693788 NPH- Fralin Companies I heard, in the Council'' Chamber, fourth floor, In the Noel C. Taylor Municipal Building, 215 Church State Of Virginia Avenue, S.W., Roanoke, City Of Roanoke I' Virginia, to consider the following: Request from Fralin Companies, Inc., to rezone I, (the ur_dersi gned) .an authorize r presentative � properties located on Gatewood Avenue and of the Times -World Corporation, which corporation McVitty Road, S.W., bearing Official Tax Nos. 5100527, is publisher of the Roanoke Times, a daily 5100528, 5100535 and newspaper published in Roanoke, in the State Of 5100534, from R -7, P I � Residential Single Family Virginia, do certify that the annexed notice was �I District, to Mx, Mixed Use District, for uses as published in said newspapers on the following I permitted in the zoning district, subject to the dates • following conditions: (1) that the properties be developed in substantial conformity with a development plan entitled Gatewood Green ", dated July 15, 2009; (2) a' gable roof shall be used on all buildings and the maximum City /Courity of 'Roanoke, Commonwealth /State of I roof height shall be 35 feet; (3) building facades along Vir inia ' 'Sworn -and subscribed before me this McVitty and Gatewood shall have minimum 20% lday of OCT 2009. Witness my hand and I glazing, window and door openings aligned �ci seal. � � horizontally and vertically; and an entrance with a� sidewalk connecting to the, rNo t a ry Public I public sidewalk; (4) exterior —siding material shall be', limited to brick, stone or, horizontal lap siding; (5)' I' building mounted fixturr ___ __ . shall not Include wallpacks hting fixtures shall ;eed 15 feet in he lighting shall be shie Nn. Site lighting shal .., ,... y...........� F7, _ . be monument style'and not internally Illuminated; (7) exterior NVAC units and other exterior equipment shall not be placed, within any front yard;ralong Gatewood or McVitty; and (8) all buildings shalfbe developed in subs"tamtlal conformity with drawing entitled "Gatewood Green ", dated August 21, 2009. 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, . 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 the City Clerk's Office, at 1853 -2541, before noon on 'the Thursday before the date of the hearing listed !above. GIVEN under my hand this ,30th day of September, 2009. Stephanie M. Moon, CIVIC City Clerk. (11693788) ``ttlitrttrr °y °° 1� spotlights or floodlights. Pole or self- supported NOTARY A•' /-9iL� PUBLISHED ON: 10/02 10/09 PUBLIC Gil REG. #7090930 MY COMMISSION Q EEP�v � �0 AX �� 3 EA'ttf�o`'`�\ •TOTAL °'COST: 6748:; -96 = :: FIL•ED•1ON: - 10'/09/09' t� -------------------------------------------------- +------------------ - - - - -- —t Authorized v ne Signature: � 71i ^ t� 7 3 Billing Services Representatives, d� NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will hold a public hearing on Thursday, October 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 Fralin Companies, Inc., to rezone properties located on Gatewood Avenue and McVitty Road, S.W., bearing Official Tax Nos. 5100527, 5100528, 5100535 and 5100534, from R -7, Residential Single Family District, to MX, Mixed Use District, for uses as permitted in the zoning district, subject to the following conditions: (1) that the properties be developed in substantial conformity with a development plan entitled "Gatewood Green ", dated July 15, 2009; (2) a gable roof shall be used on all buildings and the maximum roof height shall be 35 feet; (3) building facades along McVitty and Gatewood shall have minimum 20% glazing, window and door openings aligned horizontally and vertically; and an entrance with a sidewalk connecting to the public sidewalk; (4) exterior siding material shall be limited to brick, stone or horizontal lap siding; (5) building mounted fixtures shall not include wallpacks, spotlights or floodlights. Pole or self - supported lighting fixtures shall not exceed 15 feet in height. All lighting shall be shielded down. Site lighting shall not exceed 0.5 foot candles at adjoining property lines; (6) any freestanding signs shall be monument style and not internally illuminated; (7) exterior HVAC units and other exterior equipment shall not be placed within any front yard along Gatewood or McVitty; and (8) all buildings shall be developed in substantial conformity with drawing entitled "Gatewood Green ", dated August 21, 2009. 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, 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 30thday of September , 2009. Stephanie M. Moon, CMC City Clerk. Pralin Companies- rezone with proffers.doc Notice to Publisher: Publish in the Roanoke Times on Friday, October 2, 2009, and Friday, October 9, 2009. Send affidavit to: Stephanie M. Moon, CMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853 -2541 NPH -CAV Roanoke- rezone & amend proffers.doe Send Bill to: Sean Horne Balzer & Associates, Inc. 1208 Corporate Circle Roanoke, Virginia 24018 AFFIDAVIT PERTAINING TO THE REZONING REQUEST OF: Fralin Companies Inc., McVitty and Gatewood, S.W., Tax Nos. )AFFIDAVIT 5100527, 5100528, 5100535 and 5100534, from R7 to MX, conditional) COMMONWEALTH OF VIRGINIA ) TO -WIT: CITY OF ROANOKE ) The aff ant, 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 24`x' day of August, 2009, notices of a public hearing to be held on the 17th day of September, 2009, on the request captioned above to the owner or agent of the parcels as set out below: Tax No. Name 5100901 First VA Bank Southwest 5100529 Oak Grove Church of the Brethren 5100526 Gene and Cathy Comer Mailing Address 1828 Electric Road, SW Roanoke, VA 24018 2138 McVitty Road, SW Roanoke, VA 24018 5053 Gatewood Avenue, SW Roanoke, VA 24018 5100812 H P Properties 1960 Electric Road, SW Roanoke, VA 24018 Notice also sent to: John Merkwan, resident, Greater Deyerle NA Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 24th day of August, 2009. CANDAC R. MARTIN NOTARY PUBUC Commonwealth of Virginia otary Public ` Reg. #282076, My Commission Expires a My Commission Expires: Q01 a Sean M. Horne, Vice - President Balzer & Associates, Inc. 1208 Corporate Circle Roanoke, Virginia 24018 Dear Mr. Horne: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, 1 have advertised a public hearing for Thursday, October 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 Fralin Companies, Inc., to rezone properties located on Gatewood Avenue and McVitty Road, S. W., from R -7, Residential Single Family District, to MX, Mixed Use District, for uses as permitted in the zoning 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 October 22nd public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, Stephanie M. Moon; CIVIC City Clerk SMM:ctw Enclosure 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 JONATHAN E. CRAFT City Clerk Deputy City Clerk October 5, 2009 CECELIA T. WEBB Assistant Deputy City Clerk Sean M. Horne, Vice - President Balzer & Associates, Inc. 1208 Corporate Circle Roanoke, Virginia 24018 Dear Mr. Horne: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, 1 have advertised a public hearing for Thursday, October 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 Fralin Companies, Inc., to rezone properties located on Gatewood Avenue and McVitty Road, S. W., from R -7, Residential Single Family District, to MX, Mixed Use District, for uses as permitted in the zoning 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 October 22nd public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, Stephanie M. Moon; CIVIC City Clerk SMM:ctw Enclosure STEPHANIE M. MOON, CMC City Clerk October 5, 2009 JONATHAN E. CRAFT Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk First Virginia Bank Southwest Oak Grove Church of the Brethren Mr. and Mrs. Gene Comer H P Properties John Merkwan, President, Greater Deyerle Neighborhood Association Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, 1 have advertised a public hearing for Thursday, October 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 Fralin Companies, Inc., to rezone properties located on Gatewood Avenue and McVitty Road, S. W., from R -7, Residential Single Family District, to MX, Mixed Use District, for uses as permitted in the zoning 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 -1730. CITY OF ROANOKE OFFICE OF THE CITY CLERK - 215 Church Avenue, S. W., Suite 456 =t Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerk@roanokeva.gov STEPHANIE M. MOON, CMC City Clerk October 5, 2009 JONATHAN E. CRAFT Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk First Virginia Bank Southwest Oak Grove Church of the Brethren Mr. and Mrs. Gene Comer H P Properties John Merkwan, President, Greater Deyerle Neighborhood Association Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, 1 have advertised a public hearing for Thursday, October 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 Fralin Companies, Inc., to rezone properties located on Gatewood Avenue and McVitty Road, S. W., from R -7, Residential Single Family District, to MX, Mixed Use District, for uses as permitted in the zoning 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 -1730. Adjoining Property Owners October 5, 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, 2V4A,-"-, r 7 6 tM. Stephanie M. Moon, CIVIC City Clerk SMM:ctw 0 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 STEPHANIE M. MOON, CMC E -mail: clerk@roanokeva.gov JONATHAN E. CRAFT City Clerk Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk October 27, 2009 Maryellen F. Goodlatte, Esquire Glenn, Feldmann, Darby and Goodlatte P. O. Box 2887 Roanoke, Virginia 24001 -2887 Dear Ms. Goodlatte: am enclosing copy of Ordinance No. 38630 - 102209 repealing existing conditions set forth in Ordinance No. 37791 - 052107 on property at 2924 Roberts Road, S. W., and rezoning the property from CG, Commercial General District, to MX, Mixed Use District, subject to certain proffered conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Thursday, October 22, 2009, and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon, CM City Clerk pc: Charles and Christine Helms, 2951 Roberts Road, S. W., Roanoke, Virginia 24014 Carilion Services, Inc., Suite 720, 213 S. Jefferson Street, S. W., Roanoke, Virginia 2.4011 Seven Dwarfs, LLC, P. O. Box 4393, Roanoke, Virginia 24015 Charles T. and Paula Mason, 5520 Eveningwood Lane, Roanoke, Virginia 24019 Martine E. Hellkamp, et als, P. O. Box 4393, Roanoke, Virginia 24015 Maryellen F. Goodlatte, Esquire October 27, 2009 Page 2 pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Martha P. Franklin, Secretary, City Planning Commission Susan Lower, Director of Real Estate Valuation Philip Schirmer, City Engineer IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd day of October, 2009. No. 38630 - 102209. AN ORDINANCE to amend § 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, by repealing Ordinance No. 37791 - 052107, adopted May 21, 2007, to the extent that it placed certain conditions on property at 2924 Roberts Road, S.W., Official Tax No. 1290211; rezoning the property within the City from CG, Commercial General District, to MX, Mixed Use District; placing new proffers on the subject property; and dispensing with the second reading of this ordinance by title. WHEREAS, CAV Roanoke Property Partnership, LLC, has filed an application to the Council of the City of Roanoke to repeal Ordinance No. 37791 - 052107, adopted on May 21, 2007, to the extent that it placed certain conditions on Official Tax No. 1290211, located at 2924 Roberts Road, S.W.; WHEREAS, the applicant also seeks in such application to have the property bearing Official Tax No. No. 1290211, located at 2924 Roberts Road, S.W., rezoned from CG, Commercial General District, to MX, Mixed Use 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 October 22, 2009, after due and timely notice thereof as required by § 36.2- O -CAV Roanoke- rezone & amend proffers.doc 1 540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and . WHEREAS, City 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 repeal of Ordinance No. 37791 - 052107, adopted on May 21, 2007, to the extent that it placed certain conditions on property at 2924 Roberts Road, S.W., Official Tax No. 1290211; rezoning of the property within the City from CG, Commercial General District, to MX, Mixed Use District; and the placing of new proffers on the subject property. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Ordinance No. 37791- 052107, adopted on May 21, 2007, to the extent that it placed certain conditions on property at 2924 Roberts Road, S.W., Official Tax No. 1290211, is hereby REPEALED, and that the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect such action. 2. Section 36.2 -1.00, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that property bearing Official Tax No. 1290211, be and is hereby rezoned from CG, Commercial General District, to MX, Mixed Use District, subject to certain conditions. 3. That proffers set forth in the Zoning Amendment Application dated August 6, 2009, are accepted and placed on the property bearing Official Tax No. O -CAV Roanoke- rezone & amend proffers.doc 2 1290211, located at 2924 Roberts Road, S.W., and that § 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect such action. 4. Pursuant to the provisions of § 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: tL - City Clerk. 0 -CAV Roanoke - rezone & amend proffers.doc 3 CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853 -1730 Fax: (540) 853 -1230 E -mail: planning@roanokeva.gov Architectural Review Board October 22, 2009 Board of Zoning Appeals Planning Commission Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, 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 CAV Roanoke Property Partnership, LLC, to repeal existing conditions set forth in Ordinance No. 37791- 052107, on property at 2924 Roberts Road, S.W., Tax No. 1290211, and to rezone the property from CG, Commercial General District, to MX, Mixed Use District, subject to the conditions that the existing evergreen trees along the property line between tax parcels 1290210 and 1290211 be retained and the front fagade of the structure facing Roberts Road will remain the same without material exterior modification or addition, with the exception of ordinary maintenance and addition of any ramps necessary to satisfy ADA requirements. Planning Commission Public Hearing and Recommendation: Planning Commission public hearing was held on Thursday, September 17, 2009. There was no one present to speak in favor of or against the rezoning request, except for the applicant. By a vote of 4 -0 (Mrs. Penn and Mr. VanHyning absent), the Commission recommended approval of the request, finding the application to rezone the subject property from the CG District, with conditions, to the MX District to be consistent with Vision 2001 -2020, the Franklin Road /Colonial Avenue Area Plan, and the City's Zoning Ordinance. Rezoning the property back to MX and retaining the existing building will provide for transitional land uses between the large commercial operations on Franklin Road and the adjacent residential neighborhood. Respectfully submitted, D. Kent Chrisman, Chairman City Planning Commission Members of City Council Page 2 October 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 October 22, 2009 Application Information Request: Rezoning (37791- 052107) Owner. CAV Roanoke Property Partnership, LLC Authorized Agent., Maryellen F. Goodlatte, Esq. City Staff Person: Maribeth B. Mills, City Planner II Site Address /Location: 2924 Roberts Road, S.W. Official Tax Nos.: 1290211 Site Area: 0.339 acres Existing Zoning: CG, Commercial General with Conditions Proposed Zoning: MX, Mixed Use District Existing Land Use: Office, General or Professional Proposed Land Use: Office, General of Professional Neighborhood Plan. Franklin Road /Colonial Avenue Area Plan Specified Future Land Use: Office Filing Date: Original Application: August 6, 2009 Background In May of 2007, City Council rezoned the subject property along with Official Tax No. 1290212 from Mixed Use District, with conditions, to CG District, with conditions, to permit the construction of a two level, seventy -eight (78) space parking structure to accommodate the expansion of the Center for Advanced Imaging at 2923 Franklin Road SW. The owner is no longer pursuing that plan and requests that the property be rezoned to the previous zoning designation of MX, Mixed Use District, with conditions. This will allow for the continued use of the existing building on site as a general, professional, or medical office. Official Tax No. 1290212 is not a part of this request. Conditions Proffered by the Applicant The applicant requests that the following proffers be repealed as they pertain to Official Tax No. 1290211: The parcels will be used only for parking, including a structured parking facility, associated with Roanoke City Tax Map Parcels 1290213 and 1290218 (the "Franklin Road Parcels ") and patient drop -off and pick -up features (such as a canopy) associated with the entryway to the building to be enlarged on the Franklin Road Parcels. No more than one curb cut onto Roberts Road shall be created from these two parcels. 2. The structured parking facility shall consist of no more than two levels, one of which shall be below grade. The above grade exterior portions of the parking structure shall only be finished with one or more of the following materials: brick, granite tile, porcelain tile or stucco. Members of City Council Page 4 October 22, 2009 3. The existing evergreen trees along the property line between Roanoke City Tax Map Parcel 1290210 and 1290211 shall be retained to supplement the required landscaped buffer yard. The applicant requests that the following proffers be adopted as they pertain to Official Tax No. 1290211: 1. With the exception of ordinary maintenance and the addition of any ramps or other similar structures as may be necessary to satisfy the requirements or applicable laws such as the Americans with Disabilities Act, the front fagade of the structure presently located on this lot (i.e. the fagade facing Roberts Road) will remain the same as it is on the date of this petition, without material exterior modification or addition. This proffer, however, will not prohibit a side or rear expansion or modification to this structure offset from the front building line a minimum of two (2) feet. 2. The existing evergreen trees along the property line between Roanoke City Tax Map parcels 1290210 and 1290211 shall be retained. Considerations Surrounding Zoning and Land Use: Compliance with the Zoning Ordinance: The MX District is an appropriate zoning designation for this property as it is intended to permit low- intensity transitional uses. The stated use of the property is general, professional, or medical offices. However, a residential use would also be an option. The installation of buffer yards would not be required, as no construction is proposed. Buffer yards would be triggered if an addition occurred in the future. The retention of the mature row of white pines between the subject property and Official Tax No. 1290210 has been proffered. Sufficient parking is available on -site and on- street (total of 8 spaces to accommodate the 4 required spaces). If the applicant wished to add additional parking in the future, the zoning ordinance would require it to be located to the side or rear of the structure. Finally, signage would be limited to one 32 square foot freestanding sign with a maximum height of six feet. Building mounted signage is capped at 32 square feet. Zoning District Land Use North R -5, Residential Single-Family District Single-family dwellings. South CG, Commercial - General District Medical clinic. East 1 -1, Light Industrial with Conditions Carilion 24 hour laundry and food preparation facility. West R -5, Residential Single-Family District Single-family dwellings. Compliance with the Zoning Ordinance: The MX District is an appropriate zoning designation for this property as it is intended to permit low- intensity transitional uses. The stated use of the property is general, professional, or medical offices. However, a residential use would also be an option. The installation of buffer yards would not be required, as no construction is proposed. Buffer yards would be triggered if an addition occurred in the future. The retention of the mature row of white pines between the subject property and Official Tax No. 1290210 has been proffered. Sufficient parking is available on -site and on- street (total of 8 spaces to accommodate the 4 required spaces). If the applicant wished to add additional parking in the future, the zoning ordinance would require it to be located to the side or rear of the structure. Finally, signage would be limited to one 32 square foot freestanding sign with a maximum height of six feet. Building mounted signage is capped at 32 square feet. Members of City Council Page 5 October 22, 2009 Conformity with the Comprehensive Plan and Neighborhood Plan: The first of four priority initiatives in the Franklin Road /Colonial Avenue Neighborhood Plan is to define the edges of commercial development on Franklin Road to ensure that residential areas are preserved and development of existing commercial sites is maximized. The plan specifically states that the quality of life for residents on Roberts Road, S.W., and Beechwood Drive, S.W., has been diminished due to commercial encroachment into their neighborhood. This area has essentially become a residential pocket within a commercial and light industrial area. While the previous rezoning to the CG District for the parking structure would have maximized the use of an existing commercial site, rezoning the property back to MX with the condition that the existing building remain will provide a better transition between the large commercial operations on Franklin Road and the residential neighborhood. The existing row of mature white pines, which the applicant has proffered to retain, also provides a natural division between this lot and the neighborhood beyond. Vision 2001 -2020 contains a policy relevant to this application: • ED P6. Commercial development. Roanoke will encourage commercial development in appropriate areas of Roanoke to serve the needs of citizens and visitors. The Franklin Road /Colonial Avenue Area Plan contains three policies relevant to this application: • Community Design • Neighborhood Character: Established neighborhoods should retain their current character and development patterns. • Zoning: Commercial and residential zoning districts should be clearly delineated with the intensity of uses minimized in some areas. • Economic Development o Commercial Corridors: Commercial areas should accommodate competitive businesses that have aesthetic and functional compatibility with adjoining residential areas. City Department Comments: None. Public Comments: None. FEF09061y Department of Planning, Building and Development `'"J" u f_UUZ1 Room 166, Noel C. Taylor Municipal Building CITY OF ROAR, "s 215 Church Avenue, S.W. ­I AINNING BUILDWIG MT i'"1jf, j Qr.,c_ Roanoke, Virginia 24011 Phone: (540) 853 -1730 Fax: (540) 853 -1230 Date: August 6, 2009 Submittal Number: Original Application ❑ Rezoning, Not Otherwise Listed ❑x Rezoning, Conditional ❑ Rezoning to Planned Unit Development ❑ Establishment of Comprehensive Sign Overlay District ROANOKE Click'�Here <to Pnnt'T ❑ Amendment of Proffered Conditions ❑ Amendment of Planned Unit Development Plan ❑ Amendment of Comprehensive Sign Overlay District Address: 2924 Roberts Road, S.W., Roanoke, VA 24014 Official Tax No(s).: _ 1290211 Existing Base Zoning: x With Conditions CG, Commercial - General (If multiple zones, please manually enter all districts.) ❑ Without Conditions Ordinance No(s). for Existing Conditions (If applicable): 37791 - 052107 Requested Zoning: Mx, Mixed Use(c) Proposed Land Use: medical clinic /office, general or professional Name: CAV Roanoke Property Partnership, LLC Phone Number: +1 (540) 342 -7941 Address: 2001 Cry ri - g Avenue, #300, Roanoke, VA 24014 E -Mail: kstathers @cardiologyassociates.co� CAV RoanoKe/rronfertYl FiartnerShin- HE Property Own Name: Phone Number: Address: E -Mail: Applicant's Signature: Name: Maryellen F. Goodlatte, Esq. Phone Number: +1 (540) 224 -8018 Address: Glenn, Feldrriann, et al., P.O. Box 2887, Roanoke, VA 24001 2887 E -Mail: lmgoodiatte@gfdg.com Aged 's Signature: NARRATIVE ASSOCIATED WITH REZONING OF ROANOKE CITY TAX PARCEL NO. 1290211 In May, 2007, Tax Parcel 1290211 (2924 Roberts Road S.W.) was rezoned from MX(c) to CG(c) to facilitate the expansion of the Center for Advanced Imaging (located at 2923 Franklin Road, SW and being tax map parcel 1290213). The principals of Cardiology Associates of Virginia had been working with the owners of the Imaging Center to expand that facility in order to allow Cardiology Associates of Virginia to locate within that facility. However, the permits required for purchasing the specialized equipment used by cardiologists could not be obtained. Consequently, that transaction did not occur. Before the overall transaction terminated, however, the principals of Cardiology Associates, through their real estate holding entity — CAV Roanoke Property Partnership, LLC — acquired the property at 2924 Roberts Road. The current CG(c) zoning of tax parcel 1290211 anticipates the demolition of the existing structure and the use of that parcel for parking in support of the parcel at 2923 Franklin Road. Before the May, 2007 rezoning, tax parcel 1290211 was zoned MX(c). Conditions attached to the prior zoning required that the existing structure, residential in appearance, be retained, certain uses be precluded, and a row of evergreen trees between the parcel and the adjoining residential property (tax parcel 1290210) be retained. The owners of tax parcel 1290211 believe that its best use, at this time, would be for uses permitted in the MX district. The owners believe that MX uses . could be conducted within the existing structure, that the Robert Road facade of the structure should be retained, and that any expansion or modification of the structure in the future should occur along the rear or side. No modification or expansion is contemplated at this time. The existing stand of evergreen trees between this parcel and tax map parcel 1290210 would be retained. Since tax map parcel 1290212 is not part of this rezoning request, it will remain subject to the current proffered conditions. Returning the zoning of tax map parcel 1290211 to MX allows appropriate uses for the existing structure, permits limited modifications to the structure in the future, and serves as an appropriate buffer for the residential neighborhood beyond. G C. y PROFFERS TO BE ADOPTED ON ROANOKE CITY TAX PARCEL NO. 1290211 1. With the exception of ordinary maintenance and the addition of any ramps or other similar structures as may be necessary to satisfy the requirements or applicable laws such as the Americans with Disabilities Act, the front fagade of the structure presently located on this lot (i.e. the fagade facing Roberts Road) will remain the same as it is on the date of this petition, without material exterior modification or addition. This proffer, however, will not prohibit a side or rear expansion or modification to this structure offset from the front building line a minimum of two (2) feet. 2. The existing evergreen trees along the property line between Roanoke City Tax Map parcels 1290210 and 1290211 shall be retained. # [ 9 A m8_J NY1d1d30N00 � ti � € � bNINOZ3U CIVOU S18380H 2 I Vb � U S\N V�o - - R�BERTS SO ROw. i " U i i =°h sego W I I. y i J ILI 1 I I -`: .iX�s„�N i o 2� � N Q I I / / t� +1 h J Z 111 5,� J / � o I w c I Z {� SZ� IN ^w f a m oM� c, tin z 1 w, It 4.. . ... h.- . 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COQ H ZciOam� a �a WOwLwg0N,:Ezm i Zw= ZW WSo WQm�m _Q ¢OLLLL 'la ¢ ~�U=- Waa¢wZ�N <¢ u wodW�w��0aLLZ02 Ww0 Xz ¢��m¢¢O ¢FwawOF f?< W a w ��w d �a wZ�ZOW �k=ma -0 a a o� P U T Oga Om m � Z LL m a �QOU<2 O�¢mF F a aoo� �aaON ¢Q>i¢ O¢�mm =�Er 2w to>pmUU U a a Z Q 0 wz §Zo ¢Sgoow w0a¢Z¢ cc Wm. mQ0 0 a BD• p O 17 II c K AFFIDAVIT PERTAINING TO THE REZONING REQUEST OF: CAV Roanoke Property Partnership, 2924 Roberts Road, S.W. )AFFIDAVIT Tax No. 1290211 from CG to MX, conditional ) 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 August, 2009, notices of a public hearing to be held on the 17th day of September, 2009, on the request captioned above to the owner or agent of the parcels as set out below: Tax No. Name 1290210 Charles and Christine Helms 1280602 Carilion Services, Inc. Suite 720 1290212 Seven Dwarfs, LLC 1290206 Charles T. and Paula Mason 1290205 Martine E. Hellkamp, et als Martha Pace Franklin Mailing Address 2951 Roberts Road, SW Roanoke, VA 24014 213 S. Jefferson Street, SW Roanoke, VA 24011 P O Box 4393 Roanoke, VA 24015 5520 Eveningwood Lane Roanoke, VA 24019 P O Box 4393 Roanoke, VA 24015 SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 24th da f August, 2009. otary Public CANDACE R. MARTIN /1 NOTARY PUBLIC Commonwealth of Virginia The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times --------------------------------------------------+------------------------ I GLENN, FELDMANN, DARBY & GOODL PO BOX 2887 210 FIRST ST i NOTICE OF PUBLIC i N NEARING The Council of the City of Roanoke will hold a public hearing on Thursday, October 22, 2009, at 7:00 REFERENCE: 80078049 p p.m., or as soon thereafter ' ' 11693831 NPH -CAV Roanoke Prop I a as the matter may be heard, in the Council Chamber, fourth floor, in the Noel C. Taylor Municipal State of Virginia I B Building, 215 Church. Avenue, S.W., Roanoke, City of Roanoke y (Virginia, to consider the y_ ( following: ". -` NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will hold a public hearing on Thursday, October 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 CAV Roanoke Property Partnership, LLC, to repeal existing conditions set forth in Ordinance No. 37791 - 052107, on property at 2924 Roberts Road, S.W., bearing Official Tax No. 1290211, and to rezone the property from CG, Commercial General District, to MX, Mixed Use District, subject to the conditions that the existing evergreen trees along the property line between tax parcels 1290210 and 1290211 be retained and the front facade of the structure facing Roberts Road will remain the same without material exterior modifications or additions, with the exception of ordinary maintenance and the addition of any ramps necessary to satisfy ADA requirements. 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, 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 30thday of September ' , 2009. CAV Roanoke - rezone & amend proffers.doc Stephanie M. Moon, CMC City Clerk. Notice to Publisher: Publish in the Roanoke Times on Friday, October 2, 2009, and Friday, October 9, 2009. Send affidavit to: Stephanie M. Moon, CMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853 -2541 NPH -CAV Roanoke- rezone & amend proffers.doc Send Bill to: Maryellen F. Goodlatte, Esquire Glenn, Feldmann, Darby and Goodlatte P. O. Box 2887 Roanoke, Virginia 24001 -2887 mgoodlatte@gfdg.com Maryellen F. Goodlatte, Esquire Glenn, Feldmann, Darby and 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, 1 have advertised a public hearing for Thursday, October 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 CAV Roanoke Property Partnership, LLC, to repeal existing conditions set forth in Ordinance No. 37791 - 052107, on property at 2924 Roberts Road, S. W., and to rezone the property from CG, Commercial General District, to MX, -Mixed Use 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 October 22nd public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, Aa d l 0 Stephanie M. Moon, CMC City Clerk SMM:ctw Enclosure 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 JONATHAN E. CRAFT City Clerk Deputy City Clerk October 5, 2009 CECELIAT. WEBB Assistant Deputy City Clerk Maryellen F. Goodlatte, Esquire Glenn, Feldmann, Darby and 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, 1 have advertised a public hearing for Thursday, October 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 CAV Roanoke Property Partnership, LLC, to repeal existing conditions set forth in Ordinance No. 37791 - 052107, on property at 2924 Roberts Road, S. W., and to rezone the property from CG, Commercial General District, to MX, -Mixed Use 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 October 22nd public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, Aa d l 0 Stephanie M. Moon, CMC City Clerk SMM:ctw Enclosure STEPHANIE M. MOON, CMC City Clerk Mr. and Mrs. Charles B. Helms Carilion Services, Inc. Ms. Martine E. Hellkamp, et als Ladies and Gentlemen: October 5, 2009 Mr. and Mrs. Charles T. Mason Seven Dwarfs, LLC JONATHAN E. CRAFT Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, 1 have advertised a public hearing for Thursday, October 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 CAV Roanoke Property Partnership, LLC, to repeal existing conditions set forth in Ordinance No. 37791 - 052107, on property at 2924 Roberts Road, S. W., and to rezone the property from CG, Commercial General District, to MX, Mixed Use 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 -1730. CITY OF ROANOKE OFFICE OF THE CITY CLERK ;+ 215 Church Avenue, S. W., Suite 456 r Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerk@roanokeva.gov STEPHANIE M. MOON, CMC City Clerk Mr. and Mrs. Charles B. Helms Carilion Services, Inc. Ms. Martine E. Hellkamp, et als Ladies and Gentlemen: October 5, 2009 Mr. and Mrs. Charles T. Mason Seven Dwarfs, LLC JONATHAN E. CRAFT Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, 1 have advertised a public hearing for Thursday, October 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 CAV Roanoke Property Partnership, LLC, to repeal existing conditions set forth in Ordinance No. 37791 - 052107, on property at 2924 Roberts Road, S. W., and to rezone the property from CG, Commercial General District, to MX, Mixed Use 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 -1730. Adjoining Property Owners October 5, 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, it4� n--)y TY)0 v�V Stephanie M. Moon, CIVIC City Clerk SMM:ctw Nicole G. Hall Clark Nexsen Architecture and Engineering 213 S. Jefferson Street, Suite 1011 Roanoke, Virginia 24011 Dear Ms. Hall: am enclosing copy of Ordinance No. 38631- 102209 amending the INPUD Development Plan to allow for an addition of an architectural membrane structure, approximately 4000 s.f. in size to serve as a gymnasium and indoor play area at Grandin Court Elementary School as it pertains to property identified as Official Tax No. 1640317, located at 2815 Spessard Avenue, S. W. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Thursday, October 22, 2009, and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon, CMC City Clerk Enclosure pc: Jeffrey and Annie Willard, 3108 Spring Road, S. W., Roanoke, Virginia 24015 William and Jorita Roberts, 4920 Merriman Road, S. W., Roanoke, Virginia 24015 Dallas and Agnes Shelton, 2762 Beverly Boulevard, S. W., Roanoke, Virginia 24015 B.J. King, 3512 Brambleton Avenue, S. W., Roanoke, Virginia 24018 Roger and VirginiaJones, 2792 Beverly Boulevard, S. W., Roanoke, Virginia 24015 Brian R. Noe, 2921 Oak Crest Avenue, S. W., Roanoke, Virginia 24015 David C. Key, 3012 Spring Road, S. W., Roanoke, Virginia 24015 Herbert J. Argabright, 4627 Hazel Drive, S. W., Roanoke, Virginia 24018 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 STEPHANIE M. MOON, CMC E -mail: clerk@roanokeva.gov JONATHAN E. CRAFT City Clerk Deputy City Clerk October 27 2009 CECtDeput WEBB , Assistant Deputy City Clerk Nicole G. Hall Clark Nexsen Architecture and Engineering 213 S. Jefferson Street, Suite 1011 Roanoke, Virginia 24011 Dear Ms. Hall: am enclosing copy of Ordinance No. 38631- 102209 amending the INPUD Development Plan to allow for an addition of an architectural membrane structure, approximately 4000 s.f. in size to serve as a gymnasium and indoor play area at Grandin Court Elementary School as it pertains to property identified as Official Tax No. 1640317, located at 2815 Spessard Avenue, S. W. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Thursday, October 22, 2009, and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon, CMC City Clerk Enclosure pc: Jeffrey and Annie Willard, 3108 Spring Road, S. W., Roanoke, Virginia 24015 William and Jorita Roberts, 4920 Merriman Road, S. W., Roanoke, Virginia 24015 Dallas and Agnes Shelton, 2762 Beverly Boulevard, S. W., Roanoke, Virginia 24015 B.J. King, 3512 Brambleton Avenue, S. W., Roanoke, Virginia 24018 Roger and VirginiaJones, 2792 Beverly Boulevard, S. W., Roanoke, Virginia 24015 Brian R. Noe, 2921 Oak Crest Avenue, S. W., Roanoke, Virginia 24015 David C. Key, 3012 Spring Road, S. W., Roanoke, Virginia 24015 Herbert J. Argabright, 4627 Hazel Drive, S. W., Roanoke, Virginia 24018 Nicole G. Hall October 27, 2009 Page 2 pc: John and Margaret Shepherd, 2742 Beverly Boulevard, S. W., Roanoke, Virginia 24015 Donna Byrd and Christopher Lewis, 2774 Beverly Boulevard, S. W., Roanoke, Virginia 24015 Dawn Craft, 2745 Beverly Boulevard, S. W., Roanoke, Virginia 24015 Elizabeth H. Blankenmeyer, 2943 Oak Crest Avenue, S. W., Roanoke, Virginia 24015 Arlene W. Stoller, 2907 Oak Crest Avenue, S. W., Roanoke, Virginia 24015 ,Joseph and Deborah Rains, 3020 Spring Road, S. W., Roanoke, Virginia 24015 Grandin Court Baptist Church, 2660 Brambleton Avenue, S. W., Roanoke, Virginia 24015 Alfred and Mary Ronk, 2758 Beverly Boulevard, S. W., Roanoke, Virginia 24015 Patrick and Patricia Kennerly, 2786 Beverly Boulevard, S. W., Roanoke, Virginia 24015 Carolyn C. Michelman, 2931 Oak Crest Avenue, S. W., Roanoke, Virginia 24015 Daniel Burch, 2903 Oak Crest Avenue, S. W., Roanoke, Virginia 24015 Julia Woodard, 2836 Spessard Avenue, S. W., Roanoke, Virginia 24015 Barbara L. Huff, Trustee, 6925 Shaver Road, S. W., Roanoke, Virginia 24018 Russell W. Gwaltney, 2931 Tamarack Trail, S. W., Roanoke, Virginia 24018 Donald J. Stefl, 3318 One Oak Road, S. W., Roanoke, Virginia 24018 Charlotte Leathers, 2917 Oak Crest Avenue, S. W., Roanoke, Virginia 24015 Suzanne H. Casey, 2949 Oak Crest Avenue, S. W., Roanoke, Virginia 24015 Lynn and Carolyn Cyphers, 3030 Spring Road, S. W., Roanoke, Virginia 24015 Joseph and Carolyn Lynch, 2830 Spessard Avenue, S. W., Roanoke, Virginia 24015 Tommy and Kathy Williams, 2721 Brambleton Avenue, S. W., Roanoke, Virginia 24015 Freeda Cathcart, President, Grandin Court Neighborhood Association, 2516 Sweetbrier Avenue, S. W., Roanoke, Virginia 2401 5 David and Mollie Arthur, 2709 Brambleton Avenue, S. W., Roanoke, Virginia 24015 Ellen A. Battle, 2927 Oak Crest Avenue, S. W., Roanoke, Virginia 24015 Leigh 0. Atkinson, Jr., 205 Abbey Place, Boulder, Colorado 80302 George and Lois Hubbard, 3004 Spring Road, S. W., Roanoke, Virginia 24015 Canter's Pride, LLC,.2780 Beverly Boulevard, S. W., Roanoke, Virginia 24015 Paul and Cindy Jones, 351 Moses Lane, Salem, Virginia 24153 Peter and Violet Smith, 2925 Tamarack Trail, S. W., Roanoke, Virginia 24018 Robert and Virginia Burton, 4770 Clippellam Drive, S. W., Roanoke, Virginia 24018 Edward Moomaw and Sandra Hawthorne, 4076 Southmont Drive, S. W., Roanoke, Virginia 24014 Wesley and Suzan Graham, 3124 Spring Road, S. W., Roanoke, Virginia 24015 Nicole G. Hall - October 27, 2009 Page 3 pc: Laurie A. Scogin, 2768 Beverly Boulevard, S. W., Roanoke, Virginia 24015 Darlene L. Burch am, City Manager William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Martha P. Franklin, Secretary, City Planning Commission Susan Lower, Director of Real Estate Valuation Philip Schirmer, City Engineer IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd day of October, 2009. No. 38631 - 102209. AN ORDINANCE to amend §36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to amend the INPUD Development Plan to allow for an addition of an architectural membrane structure approximately 4000 s.f. in size to serve as a gymnasium and indoor play area at Grandin Court Elementary School as it pertains to property identified by Official Tax No. 1640317, located at 2815 Spessard Avenue, S.W.; and dispensing with the second reading by title of this ordinance. WHEREAS, the City of Roanoke, has made application to the Council of the City of Roanoke; Virginia ( "City Council "), to amend the INPUD Development Plan to allow for an addition of an architectural membrane structure approximately 4000 s.f. in size to serve as a gyrmnasium and indoor play area at Grandin Court Elementary School as it pertains to property identified by Official Tax No. 1640317, located at 2815 Spessard Avenue, S.W.; 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 October 22, 2009, after due and timely notice thereof as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the amendment of the INPUD Development Plan as it pertains to property described as Official Tax No. 1640317, located at 2815 Spessard Avenue, S.W.; and 0- Grandin Court Elementary -Amend INPUD Plan.doc WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, requires the amendment of the MUD Development Plan to allow to allow for an addition of an architectural membrane structure approximately 4000 s.f. in size to serve as a gymnasium and indoor play area at Grandin Court Elementary School as it pertains to property identified by Official Tax No. 1640317, located at 2815 Spessard Avenue, S.W., as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: Section 36.2 -160, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect the amendment of the INPUD Development Plan to allow to allow for an addition of an architectural membrane structure approximately 4000 s.f. in size to serve as a gymnasium and indoor play area at Grandin Court Elementary School as it pertains to property identified by Official Tax No. 1640317, located at 2815 Spessard Avenue, S.W. as set forth in the Zoning Amended Application No. 1 dated August 24, 2009. 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: City Clerk. O- Grandin Court Elementary -Amend MUD Plan.doc CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 24011 Telephone: (540) 853 -1730 Fax: (540) 853 -1230 E -mail: planninggroanokeva.gov October 22, 2009 Architectural Review Board Board of Zoning Appeals Plannin omission hmonorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, 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 to amend the Institutional Planned Unit Development plan for 2815 Spessard Avenue, S.W., Official Tax No. 1640317, to allow for an addition of an architectural membrane structure approximately 4000 s.f. in size to serve as a gymnasium and indoor play area at Grandin Court Elementary School. Planning Commission Public Hearing and Recommendation Planning Commission public hearing was held on Thursday, September 17, 2009. Commission discussion and public comment may be found at the end of this report on page 4. By a vote of 1 -2 (Mr. Chrisman voting for, Messrs. Scholz and Williams voting against, Ms. Katz abstaining, and Mrs. Penn and Mr. VanHyning absent), the motion failed. The Commission found the application to amend the INPUD development plan for Grandin Court Elementary School to be inconsistent with Vision 2001 -2020, the Grandin Court Neighborhood Plan, and the City's Zoning Ordinance. Respectfully submitted, o 7 d &"not� D. Kent Chrisman, Chairman 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 October 22, 2009 Page 2 Application Information Request: Amendment of Planned Unit Development Owner: City of Roanoke Authorized Agent: Nicole Hall, Clark Nexsen Architecture & Engineering City Staff Person: Maribeth B. Mills Site Address /Location: 2815 S essard Avenue S.W. Official Tax Nos.: 1640317 Site Area: 10.6 Acres Existing Zoning: INPUD, Institutional Planned Unit Development Proposed Zoning: INPUD, Institutional Planned Unit Development Existing Land Use: Educational Facility, Elementary Proposed Land Use: Educational Facility, Elementary Neighborhood Plan: Grandin Court Neighborhood Plan Specified Future Land Use: Small Institutional Filing Date: Original Application: August 6, 2009; Amended Application No. 1: August 24, 2009 Background The school system is requesting an amendment of the INPUD development plan to enable construction of a gymnasium structure at Grandin Court Elementary School to provide indoor play area for students during inclement weather. Due to the school system's recent redistricting plan, Grandin Court Elementary will serve an increased number of students. Grandin Court will also remain the hub for the REACH program which serves preschoolers with disabilities. In order to allow all students physical exercise everyday, the school system has deemed it necessary to provide a dedicated gymnasium. The current gym facility is also the cafeteria. The proposed gymnasium is a 4,000 square foot (50' x 80'), freestanding, architectural membrane structure standing 23' -8" tall. This type of structure was chosen by the school system due to its functionality, speed of construction, and affordability. Conditions Proffered by the Applicant As an INPUD, the development plan attached to this amendment is binding for future development. Development standards are listed directly on the development plan. Considerations Surroundinq Zoning and Land Use: Zoning District Land Use North R -7, Residential Single - Family District. Single- family homes. South R -5, Residential Single - Family District; RM -2, Residential Mixed-Density District; Single- family homes, two- family homes, general /professional Members of City Council October 22, 2009 Page 3 Compliance with the Zoning Ordinance: The purpose of the INPUD District is to ensure cohesive campus - styled development that complements the neighborhoods in which they are located. In its current configuration, the Grandin Court Elementary School is located within a residential neighborhood setting. The existing school building is compatible with surrounding residential structures (predominantly brick Ranch and Colonial Revival homes) in terms of height (less than 35'); bulk (rectangular massing and brick construction); and location (addressing Spessard Avenue). Staff finds that the proposed addition is not consistent with the purpose of the INPUD district due to its bulk and location. The peaked dome form of the gymnasium makes the bulk (shape of the building) inharmonious with the rectilinear forms of the existing school building or the residential buildings in the surrounding neighborhood. The incompatible shape of the addition might be mitigated by a less conspicuous location on the site. However, the proposed location will be highly visible from Spring Road, Spessard Avenue, and the residences that surround the school property. In addition, the proposed building is physically separate from the main school building and appears an accessory or dependent building. Such buildings should rarely, if ever, be located closer to a street than the main building. Section 36.2- 817(5) of the Zoning Ordinance provides for the Commission to make recommendations to City Council on the design of new public buildings (or additions to existing public buildings). The library/classroom addition on the west side of Grandin Court Elementary, completed in 2000, is a good model for new construction on the site. The addition works well within its context by incorporating rectangular massing, regularly spaced window openings, and durable masonry construction. The Commission should recommend to City Council that the gymnasium addition be approached with the same consideration so it will complement the original school building and the surrounding neighborhood. Conformitv with the Comprehensive Plan and Neighborhood Plan: Providing quality educational facilities for the students of Roanoke is a high priority of both the City's Comprehensive Plan and the Grandin Court Neighborhood Plan. The following policies of Vision 2001 -2020 are relevant to the application: • PE P1. Quality Education. Roanoke's school system will be known for its quality education that prepares students for the workplace or with the skills and MX, Mixed Use District; and CN, office, and studio /multimedia Commercial Neighborhood District. production facility. East R -7, Residential Single - Family District. Single- family homes. West R -1, Low Density Residential (Roanoke Single- family homes. County). Compliance with the Zoning Ordinance: The purpose of the INPUD District is to ensure cohesive campus - styled development that complements the neighborhoods in which they are located. In its current configuration, the Grandin Court Elementary School is located within a residential neighborhood setting. The existing school building is compatible with surrounding residential structures (predominantly brick Ranch and Colonial Revival homes) in terms of height (less than 35'); bulk (rectangular massing and brick construction); and location (addressing Spessard Avenue). Staff finds that the proposed addition is not consistent with the purpose of the INPUD district due to its bulk and location. The peaked dome form of the gymnasium makes the bulk (shape of the building) inharmonious with the rectilinear forms of the existing school building or the residential buildings in the surrounding neighborhood. The incompatible shape of the addition might be mitigated by a less conspicuous location on the site. However, the proposed location will be highly visible from Spring Road, Spessard Avenue, and the residences that surround the school property. In addition, the proposed building is physically separate from the main school building and appears an accessory or dependent building. Such buildings should rarely, if ever, be located closer to a street than the main building. Section 36.2- 817(5) of the Zoning Ordinance provides for the Commission to make recommendations to City Council on the design of new public buildings (or additions to existing public buildings). The library/classroom addition on the west side of Grandin Court Elementary, completed in 2000, is a good model for new construction on the site. The addition works well within its context by incorporating rectangular massing, regularly spaced window openings, and durable masonry construction. The Commission should recommend to City Council that the gymnasium addition be approached with the same consideration so it will complement the original school building and the surrounding neighborhood. Conformitv with the Comprehensive Plan and Neighborhood Plan: Providing quality educational facilities for the students of Roanoke is a high priority of both the City's Comprehensive Plan and the Grandin Court Neighborhood Plan. The following policies of Vision 2001 -2020 are relevant to the application: • PE P1. Quality Education. Roanoke's school system will be known for its quality education that prepares students for the workplace or with the skills and Members of City Council October 22, 2009 Page 4 knowledge needed to succeed in higher education. Roanoke will maintain and improve its high - quality public education facilities and programs at all levels. PE P2. School Facilities. School facilities are important community facilities. The location of new school facilities will be carefully planned to enhance the surrounding community and adhere to the City Design principles recommended. City Department Comments: None. Planning Commission Public Hearing_ The following comments and questions were posed by the Planning Commission at their September 17, 2009, public hearing. 1. Mr. Kent Chrisman asked if the applicant would be willing to proffer the installation of trees to replace those lost during construction. Staff responded that tree canopy on this site was not an issue as the majority of its acreage is wooded. The applicant stated that they would be willing to proffer six Leland Cypress trees. 2. Mr. Rick Williams stated that the proposed membrane structure was inconsistent with the City's Comprehensive Plan and would have a detrimental effect on the character of the surrounding neighborhood. He also stated that the school system tried to force approvals from the City by telling them no alternative options existed for their plans due to cost and time constraints. He hoped the school system would learn to collaborate with the City on their projects to ensure their consistency with the City's Comprehensive Plan. 3. Mr. Henry Scholz stated that he understood and supported the need for a gymnasium, but could not support the proposed membrane structure. The following comments were presented at the Planning Commission's public hearing on September 17, 2009. 1. Darren Potter (2820 Westhampton Avenue) appeared before the Commission in support of the application, stating the children's need for a place to play outweighed the type of structure proposed. 2. Staff entered 11 letters of support and 16 feedback forms from a community meeting held by the school system into the record. ❑ Rezoning, Not Otherwise Listed ❑ Amendment.of Proffered Conditions ❑ Rezoning, Conditional ❑ Amendment of Planned Unit Development Plan ❑ Rezoning to Planned Unit Development ❑ Amendment of Comprehensive Sign Overlay District ❑ Establishment of Comprehensive Sign'Overlay District `Property 1>nfor_ matron. :. Address: 2815 Spessard Ave. Roanoke, VA 24015' Official Tax No(s).: 164031 7 Existing Base Zoning: ❑ With Conditions If multiple zones, please manual! enter all districts. INPUD, Institutional Planned Unit Development ( p y ) ❑x Without Conditions Ordinance No(s). for Existing Conditions (if applicable): N/A Requested Zoning: INPUD, Institutional Planned Un Proposed Land Use: Educational Facilities Elementary Name: Ms. Darlene $urcham, City Manager, City of Roanoke Phone Number: +1 (540) 853 -2333 Address: 215 hurch Avenu , , Room 364, Roanoke, VA 24011 E -Mail: Darlene.Burcham@roanokeva.gov Property Owner's Signature: Applicant Information tiff tlrfferent from owner.. Name: Phone Number: -� Address: E -Mail: Applicant's Signature: Authorized Agent inforr�ratron (rf a�pfraabtej Name: Clark Nexsen Architecture & Engineering Phone Number: +1 (540) 982 -0800 Address: 213 S. Jefferson St., Suite 1011 Roanoke, VA 24011 E -Mail: nhall @ctarknexsen.com �� Authorized Agent's Signature: Architecture & Engineering August 24, 2009 To: Roanoke City Planning Commission From: Clark Nexsen Architecture & Engineering, agent for Roanoke City Public Schools RE:. Amendment Application No. l Amendment to INPUD for Addition to Grandin Court Elementary School Background: Grandin Court Elementary is located in southwest Roanoke City and was constructed in 1950 with additions /renovations added in 1956, 1993, and 2000. The property is currently zoned INPUD, Institutional Planned Unit Development and sits on 10.62 acres of land. Currently the school has no gymnasium or indoor play area for students during times of inclement weather. The need for such an area is even more crucial for the reasons that the population of the school expanding due to redistricting and the school serves as the main hub for the REACH program, which is a City School program for preschoolers with disabilities. Proposed Change: The proposed amended design is the addition of an architectural membrane structure approximately 4,000 square feet in size that will serve as a gymnasium and indoor play area for the students. See attached drawing for the location of the proposed addition. The addition of the gymnasium will allow the school system to better serve the needs of its students at Grandin Court Elementary by providing a place for them play and exercise in a safe environment when they are unable to go outside. It will also serve as a great benefit to those students with disabilities whose learning environment is benefited by the action of play and exercise. The proposed structure itself was chosen for its durability, functionality, speed of construction, and affordability. While many of these structures in the past have been built in white the school system will be choosing a colored membrane surface that will blend with the_existing structures and surrounding neighborhood. The colors chosen are Brownstone Red for the base and Concord Cream for the top of the structure to blend witlf the brick and accents on the existing school building. The benefit of such a system is that it allows the school system to provide a much needed service for Grandin Court Elementary School in a quick time frame. For information on shape and dimensions of the proposed structure please refer to the attached manufacturer's information. 213 S. JO non Suite 1011, Rearrke, Vi4 na 24011 5401982-0800 Fax 5401 982 -1183 http.• / /uuwdarkr,Xsencom A Professional Corporation Offices in Norfolk, Rid�v� Alecandria, Rain k�; Charlotte and Raleigh 'FAA ` i 1 } �;; r .. -- 16"Wpµ�Oti ".. -� � / ��O • � '�'�• `,,�� ,� '�'d` \ > y �'\ \ 1,.-Ra sin±._. I ` o WIN CL la>':, o v Ica! NIX, NN IA l4Ci� m., I i ial J r a Q Z O H a U O J 0 0 L u H C d F v w r 0 v c rC N u i,}'t v 'fiJ�i W. Miff fit IRV Ma iT n7 "I C T s a I 1 . i >, • 5 , z.rv' 1 • �. cfi,,,1. � 7 u"�k t" t � 4. try �t�� (1- • �'" ., � t tTt�ii'i.f { t .i 7 �'`� #'va, Z tm t , Pty., +y <.. 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I'w A"' , 0 it U96 . 4l% • :i-' lei AFFIDAVIT PERTAINING TO THE REZONING REQUEST OF: City of Roanoke for property at 2815 Spessard Avenue, SW) Tax No. 1640317, Grandin Ct. Elementary School, amend- ) AFFIDAVIT ment of INPUD Plan 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 24t` day of August, 2009, notices of a public hearing to be held on the 17`x' day of September, 2009, on the request captioned above to the owner or agent of the parcels as set out below: 1560121 Jeffrey and Annie Willard 3108 Spring Road, SW Roanoke, VA 24015 MT01=119j William 'and Jorita Roberts 4920 Merriman Road, SW Roanoke, VA 24017 1641110 Dallas and Agnes Shelton 2762 Beverly Boulevard Roanoke, VA 24015 1641115 Roger and Virginia Jones 2792 Beverly Boulevard, SW Roanoke, VA 24015 1560115 David C. Key 3012 Spring Road, SW Roanoke, VA 24015 1560123 Herbert J. Argabright 4627 Hazel Drive, SW Roanoke, VA 24018 1641107 John and Margaret Shepherd 2742 Beverly Boulevard Roanoke, VA 24015 1641112 Donna Byrd Christopher Lewis 2774 Beverly Boulevard Roanoke, VA 24015 1641307/068180407 (Co) Dawn Craft 2745 Beverly Boulevard, SW Roanoke, VA 24015 1560117 Joseph and Deborah Rains 3020 Spring Road, SW Roanoke, VA 24015 1561002 Grandin Court Baptist Church 2660 Brambleton Avenue, SW Roanoke, VA 24015 1641109 Alfred and Mary Ronk 2758 Beverly Boulevard Roanoke, VA 24015 1641114 Patrick and Patricia Kennerly 2786 Beverly Boulevard Roanoke, VA 24015 1650103,1650101 Cara Hubbard 4230 Elm Park Est. #214 Roanoke, VA 24014 1650105 1650106 1650108 1650321 1650322 1650323 Julia K. Woodard Joseph and Carolyn Lynch Paul and Cindy Jones 2836 Spessard Avenue, SW 2830 Spessard Avenue, SW 351 Moses Lane Roanoke, VA 24015 Roanoke, VA 24015 Salem, VA 24153 1650324 1650329 077060109 (Co) Barbara L. Huff, Trustee Tommy and Kathy Williams Peter and Violet Smith 6925 Shaver Road, SW 2721 Brambleton Avenue, SW 2925 Tamarack Trail Roanoke, VA 24018 Roanoke, VA 24015 Roanoke, VA 24018 Other Contact: 077060108 (Co) 1650320 Russell W. Gwaltney Freeda Cathcart, President H R Group, LLC 2931 Tamarack Trail Grandin Court NA 3618 Brambleton Ave., Suite E Roanoke, VA 24018 2516 Swetbrier Avenue, SW Roanoke, VA 24018 Roanoke, VA 24015 1650327 1650328 1650330 Donald J. Stefl David and Mollie Arthur Robert and Virginia Burton 3318 One Oak Road 2709 Brambleton Avenue, SW 4770 Clippellam Drive Roanoke, VA 24018 Roanoke, VA 24018 Roanoke, VA 24018 1650123 1650109 1650107 Charlotte Leathers Ellen A. Battle Edward Moomaw 2917 Oak Crest Avenue 2927 Oak Crest Avenue Sandra Hawthorne Roanoke, VA 24015 Roanoke, VA 24015 4076 Southmont Drive Roanoke, VA 24014 1650104 1650124 1560124 Suzanne H. Casey Leigh O. Atkinson, Jr Wesley and Suzan Graham 2949 Oak Crest Avenue 205 Abbey Place 3124 Spring Road, SW Roanoke, VA 24015 Boulder, CO 80302 Roanoke, VA 24015 1560119 1560136 1641111 Lynn and Carolyn Cyphers George and Lois Hubbard Laurie A. Scogin 3030 Spring Road, SW 3004 Spring Road 2768 Beverly Boulevard, SW Roanoke, VA 24015 Roanoke, VA 24015 Roanoke, VA 24015 1641108 1641113 Robert and Joyce Young Canter's Pride, LLC 2752 Beverly Boulevard, SW 2780 Beverly Boulevard, SW Roanoke, VA 24015 Roanoke, VA 24015 *)a1ZZk,tt, At, Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 24h day of August, 2009. /t - 0 �// l/aff � CANnACF R MADTIKI The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times -------------------------------------------------- +------------------ - - - - -- CLARK NEXSEN ARCHITECTURE & EN 213 S JEFFERSON STREET, SUITE 1 ROANOKE VA 24011 REFERENCE: 80170314 11693856 State of Virginia City of Roanoke NPH- Grandin Court 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:. .0 -ity:/County of_' Roanoke, Commonwealth/ State of Virginia. Sworn and subscribed before me this ay of OCT 2009. Witness my hand and official seal. _ kA _t ry Public NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will hold a public hearing on Thursday, October 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 tha following: Request from the City of Roanoke to amend the Institutional Planned Unitl Development Plan for property located at 2815. Spessard Avenue, S.W., Official Tax No. 1640317; to allow for an addition of, an architectural membrane structure approximately, 4000 s.f. In size to serve as a gymnasium and indoor, play area at Grandin Court Elementary School. A copy of the application .. is available for review in the Office of the City Clerk,! Room 456, Noel C. Taylor', Municipal Building, 2151 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 1 Authorized -�' Signature: _ _ filling Services Representative r V 1 f..b. G.] 1 V \ \� et ���i I above.- \\\ �1Qf ` .. I GIVEN under my hand this 30th day of September, . • 2009. Stephanie M. Moon, CIVIC City Clerk. ; Nc Qv�1 1 PUBLISHED ON: 10/02 10/09 c,c z��•�: `_ I m: ). (11693856) �• moo''•••.... ••'�o`` ;� I � ... ,....._ .... .. . I' i I 1 1 1 TOTAL COST:, .374:4`0 FILED ON: 10/09/09 -------------------------------------------------- +----------------- .- -. - -,- - Authorized -�' Signature: _ _ filling Services Representative r V 1 f..b. G.] 1 V NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will hold a public hearing on Thursday, October 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 the City of Roanoke to amend the Institutional Planned Unit Development Plan for property located at 2815 Spessard Avenue, S.W., Official Tax No. 1640317, to allow for an addition of an architectural membrane structure approximately 4000 s.£ in size to serve as a gymnasium and indoor play area at Grandin Court Elementary School. 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, 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 30th day of September , 2009. Stephanie M. Moon, CMC City Clerk. Grandin Court Elementary -amend INPUD plan.doc Notice to Publisher: Publish in the Roanoke Times on Friday, October 2, 2009, and Friday, October 9, 2009. Send affidavit to: Stephanie M. Moon, CMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853 -2541 NPH- Grandin Court Elementary-amend MUD plan.doc Send Bill to: Nicole Hall C1arkNexsen Architecture & Engineering 213 South Jefferson Street, S. W., Suite 1011 Roanoke, Virginia 24011 nhall@clarknexsen.com STEPHANIE M. MOON, CMC City Clerk Nicole G. Hall 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 October 5, 2009 Clark Nexsen Architecture & Engineering 213 S. Jefferson Street, Suite 1011 Roanoke, Virginia 24011 Dear Ms. Hall: JONATHAN E. CRAFT Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, 1 have advertised a public hearing for Thursday, October 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 to amend the Institutional Planned Unit Development Plan for property located at 2815 Spessard Avenue, S. W., to allow for an addition of an architectural membrane structure to serve as a gymnasium and indoor play area at Grandin Court Elementary School.' 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 October 22nd public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, kqj4--� T-�-) - a Stephanie M. Moon, CMC City Clerk SMM:ctw Enclosure 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 Mr. and Mrs. Jeffrey Willard Mr. and Mrs. Dallas Shelton Mr. B. J. King Mr. David C. Key Mr. and Mrs. John Shepherd Ms. Dawn Craft Ms. Arlene W. Stoller Grandin Court Baptist Church Mr. and Mrs. Patrick Kennerly Ms. Carolyn Michelman Ms. Julia K. Woodard Mr. Russell W. Gwaltney Ms. Charlotte Leathers Ms. Lynn and Ms. Carolyn Cyphers Mr. and Mrs. Joseph Lynch Ms. Freeda Cathcart Ms. Ellen A. Battle Mr. and Mrs. George Hubbard Mr. and Mrs. Paul Jones H R Group, LLC Ms. Laurie A. Scogin Mr. and Mrs. Wesley Graham Ladies and Gentlemen: October 5, 2009 JONATHAN E. CRAFT Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk Mr. and Mrs. William Roberts Mr. and Mrs. Roger Jones Mr. Brian R. Noe Mr. Herbert J. Argabright Ms. Donna Byrd and Mr. Christopher Lewis Ms. Elizabeth H. Blankenmeyer Mr. and Mrs. Joseph Rains Mr. and Mrs. Alfred Ronk Ms. Cara Hubbard Mr. Daniel Burch Ms. Barbara L. Huff, Trustee Mr. Donald J. Stefl Ms. Suzanne H. Casey Mr. and Mrs. Robert Young Mr. and Mrs. Tommy Williams Mr. and Mrs. David Arthur Mr. Leigh O. Atkinson, Jr. Canter's Pride, LLC Mr. and Mrs. Peter Smith Mr. and Mrs. Robert Burton Mr. Edward Moomaw and Ms. Sara Hawthorne Pursuant to provisions of Resolution No. 25523 adopted by the Council, of the City of Roanoke on Monday, April 6, 1981, 1 have advertised a public hearing for Thursday, October 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 to amend the Institutional Planned Unit Development Plan for property located at 2815 Spessard Avenue, S. W., to allow for an addition of an architectural membrane structure to serve as a gymnasium and indoor play area at Grandin Court Elementary School. Adjoining Property Owners October 5, 2009 Page 2 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, 1-11'� Stephanie M. Moon, CIVIC City Clerk SMM:ctw A.3. To Whom It May Concern: I am a parent of a Grandin Court student and we also live 2 streets away from the school. I am writing this letter because I feel very strongly about the proposed gym for Grandin Court School. I feel this is a much need structure for the school and the community. Everyone is well aware of the increased enrollment at the school due to the closing of Raleigh Court. There is no place for our student to really flourish in their Physical education studies due to the small multi - purpose room. Here are some more reasons why I feel this Gym would be a great thing. 1) The students would have common place for their gym class that would not have to work around lunch schedules or assemblies. We need to put more emphasis on physical education and provide a structure to do so. Our students would be able to utilize the gym year round in all types of weather. I feel this is just as necessary as the playground equipment currently being installed at some of the schools now. 2) Location of the proposed gym is great for easy access from the school and any other event it would be used for. It looks like a gym at a university, example: Liberty University. Our Parks and Recreation dept can use this facility for sporting events also and no one would be confused as to where the gym is. Esthetically the proposed structure is wonderful and modern. With the proper landscaping would easily fit into the neighborhood. 3) I also feel we would need to have restrooms installed in the new gym the same way Fishburn Park has in their gym. For security reasons it would be a good idea to have the children stay in the gym and not going back and forth to the school just to use the restroom. Also the school would not need to be accessible during sporting events that could be held after school hours. 4) Last but not least. I feel that with the larger amount of families at Grandin Court, it would be nice to have something new that both the former Raleigh Court families and the former. Grandin Court families can participate in together to make happen. It gives us all something to remember as a first for the school and can bring us closer together and give everyone a feeling of ownership in the school. Please, Please, Please think long and hard in your decision making, as I know you will. Much thanks to Mrs. Prichard and Mr. Baker and everyone else involved in doing research for the approval process. Sincerely; Allison St.Clair I i i I /+ I i - =-I s .lw✓ W,-m� i i - L f o- . tk CL ,Cb. PAJAA, , 5 I M (L at -v 4-1,- �. .c. ",,mr, I I � 14 L., 04o e;�6u at C-kle dit ol S k.-Aa cis.�---. IA �, Mr. Mayor and Members of City Council, My name is Jennifer Tomlin and I am a parent of a student at Grandin Court Elementary, as well as a resident of the neighborhood surrounding the school. I attended an informational meeting concerning the possible construction of a gym for the school. The proposed structure is a new design using an aluminum frame type of construction covered by an architectural membrane. This type of construction seems like the perfect fit for our school as well as the school division. First, it would cost roughly half of that of a traditional brick and mortar facility. Additionally, it could possibly be constructed within a few months. As we are very aware, funding for any project is very limited. It would be much easier to obtain the funding for the membrane type structure than for a traditional gym. Secondly, and most importantly, the need for a gym is clearly evident. With the influx of over one hundred more students, space is at a premium. The current room is being used as a cafeteria, gym and auditorium. Finding the time to serve meals and teach itinerant classes is very difficult. The current area used is not designed to serve the number of students in question. With the closing of schools and the rezoning, it is necessary to provide for these students' needs. It has come to my attention, complaints about the aesthetic quality of this type of structure have been raised. There are several exterior designs and landscaping ideas that I feel would address these concerns. What is alarming to me, is that the needs of our children would be overshadowed by the concern for the exterior appeal of the structure. Yes, it would look different from a conventional gym, but it would greatly benefit the students. The school division has repeatedly stressed that the students and their learning environment is first priority. This is an opportunity to make good on those statements. This would improve the children's educational experience and foster a trusting relationship with their parents. In my opinion, this is not a situation we can ignore. Please strongly consider voting "yes" on the proposal for this project at Grandin Court Elementary. Sincerely, Jennifer Tomlin To: Roanoke City Council Members From: Heather Plunkett, Grandin Court Elementary School Parent Date: 10 -21 -09 Re: Consideration of Allowing for an addition to serve as a Gymnasium and Indoor Play Area for Grandin Court Elementary School As a parent of a student at Grandin Court Elementary School, I want to express the tremendous need for a Gymnasium and Indoor Play area for the students. This space has become crucial with the increase of students and homerooms with the closure of Raleigh Court Elementary and the rezoning of attendance zones. As a former Raleigh Court Elementary School parent, one of the main concerns with the closure of Raleigh Court and the subsequent reassigning of our family to Grandin Court was the lack of a gym. As you know, Raleigh Court Elementary was equipped with a wonderful gym which served as a great place for school PTA meetings, children's programs, fall festival, as well as P.E. area. One of the more obvious situations where there is a desperate need for this structure is during bad weather when the children have no place for P.E. However, there are many other times when the need is overwhelming. The PTA and parental support at Grandin is very active. Each meeting that I have attended has been standing room only in the cafeteria with parents and families standing outside and in the doorways struggling to hear and be a part of the meetings. Any special event that is held at the school must be held in the cafeteria by default which largely limits the events as the room must act as a gym /meeting room /lunch room /etc. I ask that you seriously consider approving this request. At a time when there have been many negative events surrounding the Roanoke City school system with school closures, staff layoffs, bus challenges, etc., this is an opportunity for the school system to make a positive change that will have a far reaching impact on this school community. Thank you for your consideration. 1 Mrs Pritchard / City Council, Rochelle and myself are strongly in favor of the architectural membrane structure to serve as a gymnasium and indoor play area. We are of the believe that this asset would be of great benefit to not only the school but the many students. Significant research shows that many children lack sufficient physical activity resulting in both childhood obesity and the inability to concentrate for long periods of time. Whilst it is a role of the parent to provide a suitable environment for their children in terms of physical activity, given the amount of time children spend at school it should also be the responsibility of the education environment to facilitate this vital component of a child's overall development. We again wish to voice our strong support for this proposal and note that this is a matter that needs to be addressed now and not sometime in the future Damien & Rochelle Nicks (parents of Ruby Nicks) r. Dear City Council Members, I am a former Raleigh Court Elementary parent and now have a child at Grandin Court Elementary. I am all too aware, after attending many meetings last spring, of the budget shortfalls and challenges our city and our school system face. I do believe that the school board wrestled with the choices they faced in the spring and ultimately did the best they could under the circumstances. I am extremely pleased with the quality of educational experience our son has found in his new home at Grandin Court... with one exception. The space in the school is not equal to the number of students housed there and the building is in desperate need of another large gathering space. This school grew in volume of students by a huge percent from last year to this year. Before, with a much smaller student body, one multipurpose room was sufficient for use as both cafeteria and gymnasium. This is no longer the case. I feel strongly this school, due to its new size, NEEDS a separate gym. Our students need a place where they can burn off energy and learn about healthy lifestyles and physical fitness... lessons they will benefit from for a lifetime. Separate facilities will also ensure that all students are eating at a reasonable lunch time, rather than very early, very late, or eating in their classroom. Both of these things will enhance the learning going on in the classroom, rather than create distractions and hurdles to excellence. There is also no room in the school currently large enough to hold the entire school family for Back -to- School nights and other school events. These type of events allow the school to build community and raise the money needed to support the programs that help make this school the place it is... a school that has won statewide awards for excellence. I know money is tight. My marked preference is to see a brick gym built to match the attractive look of the rest of the school exterior. I also know that asking for that is pointless. So, I am writing to beg you to approve plans to build a less expensive, lightweight aluminum structure. Our children, our excellent faculty, and our school need the space it would provide desperately. Please, please build us a gym! Sincerely, Angie & Matt Covington 2330 Laburnum Ave, Roanoke 24015 covin4tonfamily(aDcox.net Herman & Carisa Stallworth 2622 Tillett Road Roanoke, VA 24015 October 22, 2009 City Council Roanoke, VA Re: Grandin Court Elementary School Gym f I it Dear City Council: We feel it is very important that Grandin Court add the addition of a gym to the school. This is important for several reasons, primarily due to sanitation. Due to the increase number of students and classrooms the schedule does not have space for flexibility. This means that immediately after the multipurpose room is used for physical education the tables are unfolded and the children begin to have lunch in that same area. As adults I can't imagine that any of us would select to have lunch where hundreds of people just finish exercising over having lunch in a cleaned area free of physical activity. Adding the gym is so very important. This will decrease stress of both the students and staff and will add much more flexibility to their schedules and would allow our children to enjoy eating in a sanitize area. Sincerely, C'cr dm J o tmd- StadU od A 3&WMn StcALWA& Carisa Pollard - Stallworth Herman Stallworth 1 i i Dear City Council Members, We would like to express our strong support for a new gym at Grandin Court school. As Grandin Court parents we are very aware and concerned about how the changes in rezoning have affected the population at our school. A major result of this change is not only larger class sizes, but the need to share classrooms because there is not enough space for each teacher to have a classroom. One of the areas where we can really make a difference is with the construction of a new gym. Because our school has only a multi - purpose room which is shared for cafeteria use and PE, our children's PE times have been shortened. Also, there is less time to make space available during lunches for other classes and less time to clean -up after meals for the PE classes. Some grades have as little as 20 minutes of PE time this year due to these changes. That is very little time to organize an activity and engage the children before it is time to end. It is so important that all students are encouraged to lead a healthy lifestyle by remaining active and eating well. In our current environment we are struggling to deliver this message to our students. The media is very clear that childhood obesity is a problem now more than ever. Please enable us to deliver a strong PE program and meals that aren't rushed in our school. You can do this by voting in support of the new gym proposal for Grandin Court school. Thank you, Tracy & Sam Vance PTA President and Parents 1 r, x October 22, 2009 Mayor Bowers and members of the Roanoke City Council, I am writing today to ask for your support in approving the proposal for a gym at Grandin Court Elementary School. My husband and I intentionally chose to live within the Roanoke City limits when we moved here seven years ago despite negative feedback and press we had read regarding the city schools. We proudly send our four children to Grandin Court. We feel that our children have thrived in school due to the quality of instruction they have received and because of the supportive environment they are provided each day. We have been supportive of the city schools and feel grateful for the support the council has given the system with regard to building two new high schools. This year I joined the staff as a special education teacher. I have found this year to be challenging because of the many adjustments all teachers and students have made due to rezoning and school- choice options. I have observed the many challenges Grandin Court has faced due to increased enrollment. I have been directly affected as a teacher in trying to schedule a place for my students and aides to work in a building that literally has no "extra" spaces. While we all are making the best of the current situation, the lunchroom is crowded and PE classes are shortened due to the logistics of scheduling two activities in the same space. Gathering as a school, or as a school community including parents has its own challenges. The multi - purpose space is simply not big enough to accommodate our current population. I am grateful that my children, and all students, receive physcial education from Mr. Gordon. He is highly motivating and has the important job of instilling values regarding personal fitness that are vital to this generation of students. I would love to see what he could accomplish given a space he could call his own! Having an actual gym would mean that all our students could eat in the cafeteria for an appropriate amount of time. Additionally, it would be helpful to have a space in which our entire student body and their parents could gather comfortably. I have read the negative feedback regarding the proposed design for the gym at Grandin Court. I agree that a brick and mortar building would be most ideal, but unattainable at this time. I strongly urge you to consider the positive affect the proposed design would have on Grandin Court. I appreciate your time and thoughtful consideration on this matter. Respectfully, Heidi Meadows i �'A IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of October, 2009. No. 38632- 102209. AN ORDINANCE authorizing the City Manager to execute a lease agreement with Penick, Incorporated, d/b /a New York Subs, for approximately 290 square feet of space in the City Market Building for a month -to -month term, effective November 1, 2009, not to exceed twelve (12) months; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on October 22, 2009, pursuant to § §15.2 -1800 and 15.2 -1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on the proposed lease. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized, to execute and attest, respectively, in a form approved by the City Attorney, an agreement with Penick, Incorporated, d/b /a New York Subs, for the lease of approximately 290 square feet of space in the City Market Building, located at 32 Market Square, Roanoke, Virginia, for a restaurant establishment, for a month -to -month term, effective November 1, 2009, not to exceed twelve (12) months, at a rental rate of $718.00 per month, upon certain terms and conditions, and as more particularly described in the City Manager's letter to this Council dated October 22, 2009. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. KADavid \Council Work \o -lease New York Subs.10- 22- 09.doc ATTEST: 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 October 22, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, 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: Lease Renewal for Penick, Incorporated d /b /a New York Subs in City Market Building Background: Penick, Incorporated d /b /a New York Subs, has requested a lease renewal for approximately 290 square feet of space located at the Market Building to continue operating a food court restaurant serving sub sandwiches as the cuisine. The current lease expires October 31, 2009. The proposed lease agreement is month to month not to exceed twelve (12) months beginning November 1, 2009. The proposed agreement establishes a base rent rate of the following: Square Footage Per Square Foot Monthly Rent Amount Annual Rent Amount 290 $29.71 $718.00 $8,615.90 The common area maintenance fee is $309.00 per month. There is no renewal provision in this lease. Honorable Mayor and Members of City Council October 22, 2009 Page 2 Recommended Action: Authorize the City Manager to execute a lease agreement with Penick, Incorporated d /b /a New York Subs, for approximately 290 square feet in the City Market Building, located at 32 Market Square, Roanoke, Virginia 24011, for a month to month term not to exceed twelve (12) months, beginning November 1, 2009. Such lease shall be approved, as to form by the City Attorney. Respectfully submitted, Darlene L. Bu cham 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 Cassandra L. Turner, Economic Development Specialist .Joshua L. Mabrey, Accountant /Accounts Receivable CM09 -00187 LEASE Between THE CITY OF ROANOKE and Penick, Incorporated d /b /a/ New York Subs C: \DCCCME S AMD SETTINGS \EDCTl \DESKTOP \flE3 YORK 3033 LEASE. DOC LEASE INDEX HEADING PAGE PREMISES 1 TERM 1 BASE RENT; ESCALATIONS 1 COMMON AREA MAINTENANCE 2 LANDLORD OBLIGATIONS 2 TENANT'S OBLIGATIONS 3 USE OF PREMISES 3 EXCLUSIVITY 4 ASSIGNMENT AND SUBLETTING 4 IMPROVEMENTS 4 SURRENDER OF PREMISES 4 INSPECTION 4 INSOLVENCY OR BANKRUPTCY OF TENANT 4 TRANSFER OF LANDLORD'S INTEREST 5 ESTOPPEL CERTIFICATE 5 DAMAGE TO THE PREMISES 5 DEFAULT OF TENANT 6 CONDEMNATION 6 COVENANTS OF LANDLORD 6 NO PARTNERSHIP 7 BROKERS COMMISSION 7 NOTICES 7 HOLDING OVER 7 BENEFIT AND BURDEN 7 GENDER AND NUMBER 7 ENTIRE AGREEMENT 7 CAUOCUMENTS AND SETTINGS \EDCTI \DESKTO %NEW YORK SUBS LEASE.DOC I INVALIDITY OF PARTICULAR PROVISIONS 7 HAZARDOUS SUBSTANCES 7 INSURANCE g SECURITY DEPOSIT 9 INDEMNIFICATION 9 COMPLIANCE WITH LAWS AND REGULATIONS 10 FORUM SELECTION AND CHOICE OF LAW 10 FORCE MAJEURE 10 EQUAL EMPLOYMENT OPPORTUNITY 10 DRUG -FREE WORKPLACE 10 RULES AND REGULATIONS 11 SIGNAGE 11 GUARANTY 11 LIABILITY OF LANDLORD 11 TENANT IMPROVEMENTS 11 BUSINESS HOUR MODIFICATION 11 Exhibit A Floor Plan Exhibit B Common Area Floor Plan Exhibit C Menu Exhibit D Rules and Regulations Exhibit E Sign Regulations Exhibit F Guaranty C: \DOCUMENTS AND SETT1NG5\EDCT1 \DESKT0P\NEW YORK SUBS LEA5E.DOC II LEASE THIS LEASE is made this ____day of __ ______2009 by and between the CITY OF ROANOKE (hereinafter referred to as "Landlord "), and Penick, Incorporated d /b /a New York Subs Restaurant (hereinafter referred to as "Tenant "), WITNESSETH: In consideration of the mutual agreements hereinafter set forth, the parties hereto mutually agree as follows: 1. PREMISES Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, for the term and upon the conditions hereinafter provided, a section of the building known as the Roanoke City Market Building (herein referred to as the "Building ") located at 32 Market Square, Stall #132. Roanoke, Virginia 24011, as is delineated on Exhibit "A" hereto, which is hereafter referred to as the "Premises." The Premises consists of approximately 290 square feet of space. 2. TERM The term of this Lease shall commence on November 1, 2009, ( "Commencement Date ") and shall expire at 11:59 o'clock p.m. on November 30. 2009. Unless written notice is given by the City at least sixty (60) days prior to the end of the initial term, or any renewal term, by the tenant, this Lease shall automatically renew for another month. Each renewal term shall be upon the same terms and conditions as the prior month, and upon the mutual agreement of the parties. Provided that such renewal terms shall not exceed a maximum of eleven (1 1) months. 3. BASE RENT: ESCALATIONS The base rent for each month of the term shall be based on cost per square foot. Tenant shall pay as base rent for the Premises for each month of the Lease accordinq to the following schedule: Period Square Per Square Monthly Rent Annual Rent Footage Foot Amount Amount Amount 11/1/09- 290 $29.71 $718.00 $8,615.90 11/30/09 If the Commencement Date is other than the first day of the month, the first month of the Lease term shall be deemed to be extended to include such partial month and the following month, so as to end on the last day of the month. In the event the Commencement Date is other than the first day of a calendar month, the Base Rent ( "Rent ") (as well as the Common Area Maintenance Fee provided hereunder) for the portion of the then current calendar month shall be prorated on the basis of a thirty (30) day month and shall be paid immediately upon the commencement of the Term. On the first anniversary of the Lease, and upon each successive anniversary thereafter, the monthly rent for the next twelve (12) months shall be increased by three percent (3 %) of the previous year's monthly rental. Rent shall be paid monthly. The first monthly payment shall be made at the time of execution of this Lease by the parties; the second and all subsequent monthly payments shall be made on the first day of each and every calendar month during the term. Any monthly payment of rent which is not received by Landlord by the . end of the fifth (5th) day of the month shall be assessed a late charge in the CADOCUMENTS AND 5ETTINGS\EDCT1 \DE5KT0P\NEW YORK SUBS LEASE.DOC amount of five percent (5 %) of such total monthly rent payment. All delinquent rent, and other charges due under this Lease shall accrue interest at a rate equal to the current prime rate, as established by the United States Government, plus two percent (2 %) per month or the maximum amount permitted by law, from the due date of such payment and shall constitute additional rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord upon demand. Payment shall not be deemed as received if Tenant's payment is not actually collected (such as payment by insufficient funds check). Tenant shall pay rent to Landlord at City of Roanoke, 215 Church Ave, Roanoke, Virginia 24011, or to such other party or at such other address as Landlord may designate from time to time by written notice to Tenant, without demand. Checks shall be made payable to Treasurer, City of Roanoke. 4. COMMON AREA MAINTENANCE Tenant agrees to pay Landlord, as additional rental, Tenant's proportionate share of the costs ( "Common Area Maintenance Fee ") of maintaining, operating, repairing, replacing and insuring the "Common Areas" defined herein. The Common Area Maintenance Fee for this lease will be a flat fee charge of Three. Hundred Nine Dollars ($309.00 per month. These fees will increase by three (3 %) percent upon each anniversary of this Lease. The term "Common Area Maintenance Fee" includes all costs and expenses of every kind and nature paid or incurred by Landlord in operating, managing, equipping, policing, lighting, repairing, replacing items in the Building and maintaining the Building. Such costs and expenses will include, but not be limited to, the following: (a) utilities (electric, gas, waste removal, water and sewer charges, storm water charges; individual telephone service is specifically excluded), (b) insurance premiums for public liability and property damage for the guild ing(excluding Tenant's Premises) (c) maintenance costs of heating, ventilating and air conditioning, (d) insect and rodent treatment, (e) snow and ice removal, (f) electrical and plumbing repairs in the Common Areas of the Building, (g) management costs and repairs to the structure of Building which includes roof and wall repairs, foundations, sprinkler systems, utility lines, sidewalks and curbs, (h) security camera systems,. (i) lighting, (j) sanitary control, drainage, collection of rubbish and other refuse, (k) costs to remedy and /or comply with governmental and /or environmental and hazardous waste matters(excluding Tenant's Premises) (p repair and installation of equipment for energy saving or safety purposes, (m) reserves for future maintenance and repair work (which Tenant hereby authorize Landlord to use as necessary), (n) depreciation on equipment and machinery used in maintenance, costs of personnel required to provide such services, (o) All costs and expenses associated with Landlord's obligation to repair and maintain and such other items of cost and expense which are relatable to proper maintenance of the Building and its Common Areas. The "Common Areas" are defined as all areas and spaces in the Building and equipment in the Building, as further shown on the attached Exhibit B provided by Landlord for common or joint use and benefit of the tenants of the Building, their employees, agents, servants, customers and invitees. The Common Areas further C: \DOCUMENTS AND SETTINGS \EDCTI \DESKTOP\NEW YORK SUBS LEASE.DOC include, without limitation, roofs, walls, vacant areas, food court, elevator(s), restrooms, stairways, walkways, ramps, foundations, signs (excluding Tenant's signage), security cameras, lighting fixtures and equipment, and the facilities appurtenant to each of the aforesaid, and any other facilities maintained for the benefit of the Building. Landlord shall have the right to modify the Common Areas from time to time as deemed reasonable by Landlord. 5. LANDLORD'S OBLIGATIONS Landlord hereby agrees to provide and be responsible for the following: (a) make all structural and capital repairs and replacements to items in the Building and to the Common Areas, as defined above, and to maintain the Building and its Common Areas. Structural and capital repairs and replacements are defined as repairs or replacements which include but are not limited to repairs or replacements to the roof, elevators, electrical wiring, heating and air conditioning systems, toilets, water pipes, gas, plumbing, other electrical fixtures and the exterior and interior walls. Structural and capital repairs to Tenant's Premises are specifically excluded. (b) pay for the cost of Tenant's utilities (gas, electric, heating, water, telephone service specifically excluded) and all other services identified through use of funds from the Common Area Maintenance Fee described above. (c) provide a key to Tenant, upon execution of the Lease Agreement, 6. TENANT'S OBLIGATIONS Tenant, at its sole cost and expense, agrees to provide and be responsible for the following, in addition to its other responsibilities pursuant to this Lease. (a) Tenant shall keep and maintain the Premise in good repair, condition and appearance during the term of this Lease, ordinary wear and tear excepted, and not use any part of the Premises or the Common Areas of the Building in a negligent manner. (b) Tenant shall take good care of the Premises, its fixtures, and appurtenances and suffer no waste or injury thereto, and shall pay for all repairs and replacements to the Premises, necessitated by Tenant's actions, whether capital, structural as defined above, or otherwise. (c) Tenant shall surrender the Premises at the end of the term in as -good condition as Tenant obtained the same at the commencement of the term, reasonable wear and tear excepted. (d) Tenant shall operate its business as described in Section 7 of this Lease. (e) Tenant shall pay rent timely as provided in Section 3 of this Lease. (f) Tenant shall obtain the insurance as required in Section 29 of this Lease. 7. USE OF PREMISES The Premises shall be used for the purpose of conducting therein the sale of Restaurant serving sub sandwich and salad cuisine menu items. Tenant covenants and agrees that at all times during the term hereof, Tenant will actively conduct such a business in the Premises, keep the Premises amply stocked with good and fresh merchandise and keep the Premises open for business during the customary business hours of 10:00 a.m. to 6:00 p.m. (not less than eight (8) hours per day, Monday through Saturday) of the Building as established or as may be amended by Landlord and (ii) the Premises C \00CUMENiS AND SE7n N0S \EDC71 \DESK70P\NEW Y0RK SUBS LEASE.000 shall be used only for such purpose. The Building will be closed for the following Holidays or as observed: New Year's Day, Memorial Day, Labor Day, Thanksgiving Day and Christmas Day. Nothing herein shall require the City of Roanoke to open the Building outside of the above designated hours. The Premises shall not be used for any other purpose without the written permission of Landlord. Tenant shall not open the Building to the public outside of the customary business hours or on the Holidays stated above. 8. EXCLUSIVITY Tenant operates a restaurant serving sub sandwich and salad cuisine as outlined in attached menu noted as Exhibit "C ". Tenant must obtain written approval of Landlord before adding any item, other than soft drink beverages, to its menu and shall pay a $100 per item to the Landlord if Tenant does not obtain such approval. If menu changes persist beyond thirty (30) days without the written approval of the Landlord the tenant is thereby in default of its Lease. Landlord and Tenant acknowledge that it is the intent of the parties that current and prospective tenants of the Building not be allowed to market products that would impair the sales of the other tenants of the Building. Accordingly, Landlord agrees not to lease to.tenants selling similar food, cuisine or fare as existing tenants of the Market Building, as determined in the sole discretion of the Landlord, or which will in the opinion ofthe Landlord be inconsistent with the intended uses of the Building. Tenant further agrees not to market any product that would impair a current Tenant's sales. Tenant acknowledges and agrees that if there is any disagreement over whether any item sold by a tenant is an item sold by another tenant of the Building that would impair Tenant's sales; such dispute shall be determined and resolved in the Landlord's sole discretion. 9. ASSIGNMENT AND SUBLETTING Tenant shall not voluntarily or involuntarily assign this Lease in whole or in part, nor sublet all or any part of the Premises without following the procedures detailed herein and obtaining the prior written consent of Landlord, in Landlord's sole discretion. The consent by Landlord to any assignment or subletting shall not constitute a waiver of the necessity for such consent in any subsequent assignment or subletting. In the event that Tenant receives a bona fide written offer from a third party for the sublease or assignment of the Premises, Tenant shall forthwith notify Landlord in writing, attaching a copy of such offer, of Tenant's desire to sublet or assign this Lease upon the terms of such offer, whereupon Landlord shall have thirty (30) days to accept or reject such assignment or sublease. 10. IMPROVEMENTS Landlord must approve all alterations, redecorations, or improvements in and to the Premises in writing beforehand. Such alterations, redecorations, additions, or improvements shall conform to all applicable Building Codes of the City of Roanoke, federal and state laws, rules and regulations. 11. SURRENDER OF PREMISES At the expiration of the tenancy hereby created, Tenant shall peaceably surrender the Premises, including all alterations, additions, improvements, decorations and repairs made thereto (but excluding all trade fixtures, equipment, signs and other personal property installed by Tenant, provided that in no event shall Tenant remove any of the following materials or equipment without Landlord's prior written consent: any free standing signs, any powerwiring or power panels; lighting or lighting fixtures; wall coverings; drapes, blinds or other window coverings; carpets or other floor coverings; or other similar building operating equipment and decorations), broom cleaned and in good condition and repair, reasonable wear and tear excepted. Tenant shall remove all its property not required to be surrendered to Landlord before surrendering the Premises and shall repair any damage to the Premises caused C \DOCUMENTS AND 5ET11NCS\EDC'1 \DE5KTOP\NEW YORK 5UB5 LEASE.DOC thereby. Any personal property remaining in the Premises at the expiration of the Lease shall be deemed abandoned by Tenant, and Landlord may claim the same and shall in no circumstance have any liability to Tenant therefore. If physical alterations were done by Tenant, Landlord, at its option, may require Tenant to return Premises to its original condition (condition at occupancy) when Tenant vacates Premises. Upon termination, Tenant shall also surrender all keys for the Premises to Landlord and, if applicable, inform Landlord of any combinations of locks or safes in the Premises. If the Premises are not surrendered at the end of the term as herein above set out, Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including without limitation, claims made by the succeeding Tenant founded on such delay. Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination of the term of this Lease. 12. INSPECTION Tenant will permit Landlord, or its representative, to enter the Premises, upon reasonable notice to Tenant, without charge thereof to Landlord and without diminution of the rent payable by Tenant, to examine, inspect and protect the same, and to make such alterations and /or repairs as in the judgment of Landlord may be deemed necessary, or to exhibit the same to prospective Tenants during the last one hundred twenty (120) days of the term of this Lease. 13. INSOLVENCY OR BANKRUPTCY OF TENANT In the event Tenant makes an assignment for the benefit of creditors, or a receiver of Tenant's assets is appointed, or Tenant files a voluntary petition in any bankruptcy or insolvency proceeding, or an involuntary petition in any bankruptcy or insolvency proceeding is filed against Tenant and the same is not discharged within sixty (60) days, or Tenant is adjudicated as bankrupt, Landlord shall have the option of terminating this Lease. Upon such written notice being given by Landlord to Tenant, the term of this Lease shall, at the option of Landlord, end and Landlord -shall be entitled to immediate possession of the Premises and to recover damages from Tenant in accordance with the provisions of Article 17 hereof. 14. TRANSFER OF LANDLORD'S INTEREST Landlord shall have the right to convey, transfer or assign, by sale or otherwise, all or any part of its ownership interest in the property, including the Premises, at any time and from time totime and to any person, subject to the terms and conditions of this Lease. All covenants and obligations of Landlord under this Lease shall cease upon the execution of such conveyance, transfer or assignment, but such covenants and obligations shall run with the land and shall be binding upon the subsequent owner(s) thereof or of this Lease during the periods of their ownership thereof. 15. ESTOPPEL CERTIFICATE Tenant agrees, at any time, and from time to time, upon not less than ten (10) days' prior notice by Landlord, to execute, acknowledge and deliver to Landlord, a statement in writing addressed to Landlord or other party designated by Landlord certifying that this Lease is in full force and effect (or, if there have been modifications, that the same is in full force and effect as modified and stating the modifications), stating the actual commencement and expiration dates of the Lease, stating the dates to which rent, . and other charges, if any, have been paid, that the Premises have been completed on or before the date of such certificate and that all conditions precedent to the Lease taking effect have been carried out, that Tenant has accepted possession, that the Lease term has commenced, Tenant is occupying the Premises and is open for business, and stating whether or not there exists any default by either party contained in this Lease, and if so specifying each such default of which the signer may have knowledge and the claims or offsets, if any, claimed by Tenant; it being intended that any such statement delivered pursuant hereto may be relied CADOCUMENTS AND SE- MNGS\EDCTt\DESKTOP\NEW YORK SUBS LEASE.DOC upon by Landlord or a purchaser of Landlord's interest and by any mortgagee or prospective mortgage of any mortgage affecting the Premises. If Tenant does not deliver such statement to Landlord within such ten (10) day period, Landlord may conclusively presume and rely upon the following facts: (i) that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; (ii) that this Lease has not been canceled or terminated except as otherwise represented by Landlord; (iii) that not more than one (1) month's minimum rent or other charges have been paid in advance; and (iv) that Landlord is not in default under the Lease; and (v) no disputes exist. In such event Tenant shall be estopped from denying the truth of such facts. Tenant shall also, on ten (10) days' written notice, provide an agreement in favor of and in the form customarily used by such encumbrance holder, by the terms of which Tenant will agree to give promptwritten notice to any such encumbrance holder in the event of any casualty damage to the Premises or in the event of any default on the part of Landlord under this Lease, and will agree to allow such encumbrance holder a reasonable length of time after notice to cure or cause the curing of such default before exercising Tenant's right of self -help under this Lease, if any, or terminating or declaring a default under this Lease. 16. DAMAGE TO THE PREMISES If the Building or the Premises shall be partially damaged by fire or other cause without the fault or neglect of Tenant, its agents, employees or invitees, Landlord shall diligently and as soon as practicable after such damage occurs repair such damage at the expense of Landlord, provided, however, that if the Building is damaged by fire or other cause to such extent that the damage cannot be fully repaired within ninety (90) days from the date of such damage, Landlord or Tenant, upon written notice to the other, may terminate this Lease, in which event the rent shall be apportioned and paid to the date of such damage. During the period that Tenant is deprived of the use of the damaged portion of Premises, Tenant shall be required to pay rental covering only that part of the Premises that Tenant is able to occupy, and Rent for such occupied space shall be the total rent divided by the square foot area of the Premises and multiplied by the square foot area that the Tenant is able to occupy. 17. DEFAULT OF TENANT If Tenant shall fail to pay any monthly installmentof Rent and /or as required by this Lease, or shall violate or fail to perform any of the other conditions, covenants or agreement on its part contained in this Lease and such failure to pay Rent or such violation or failure shall continue for a period of ten (10) days after the due date of such payment or after written notice of any such violation or failure to perform by Tenant, then and in any of such events this Lease shall, at the option of Landlord, cease and terminate upon at least ten (10) days' prior written notice of such election to Tenant by Landlord, and if such failure to pay rent or such violation or failure shall continue to the date set forth in such notice of termination, then this Lease shall cease and terminate without further notice to quit or of Landlord's intention to re- enter, the same being hereby waived, and Landlord may proceed to recover possession under and by virtue of the provisions of the laws of Virginia, or by such other proceedings, including re -entry and possession, as may be applicable. If Landlord elects to terminate this Lease, everything herein contained on the part of Landlord to be done and performed shall cease without prejudice, however, to the right of Landlord to recover from the Tenant all rental accrued up to the time of termination or recovery of possession by Landlord, whichever is later. Should this Lease be terminated before the expiration of the term of this Lease by reason of Tenant's default as hereinabove provided, or if Tenant shall abandon or vacate the Premises before the expiration or termination of the term of this Lease, Landlord shall use its best efforts to relet the Premises on the best rental terms reasonably available underthe circumstances and if the full rental hereinabove provided shall not be realized by Landlord, Tenant shall be liable for any deficiency in rent. Any CADOCUMENTS AND SETnNGS\EDCT1 \DESKTOP\NEW YORK SUBS LEASE.DOC damage or loss of rental sustained by Landlord may be recovered by Landlord, at Landlord's option, at the time of the reletting, or in separate actions from time to time, as such damage shall have been made more easily ascertainable by successive relettings, or at Landlord's option, may be deferred until the expiration of the term of this Lease in which event the cause of action shall not be deemed to have accrued until the date of expiration of such term. The provisions contained in this paragraph shall not prohibit any claim Landlord may have against Tenant for anticipatory breach of the unexpired term of this Lease. 18. CONDEMNATION If any part of the Building or a substantial part of the Premises shall be taken or condemned by any governmental authority for any public or quasi - public use or purpose (including sale under threat of such a taking) then the term of this Lease shall cease and terminate as of the date when title vests in such governmental authority, and the annual rental shall be abated on the date when such title vests in such governmental authority. If less than a substantial part of the common area of the Premises is taken or condemned by any governmental authority for any public or quasi - public use or purpose, the rent shall be equitably adjusted on the date when title vests in such governmental authority and the Lease shall otherwise continue in full force and effect. Tenant shall have no claim against Landlord (or otherwise) for any portion of the amount that may be awarded as damages as a result of any governmental taking or condemnation (or sale under threat of such taking or condemnation) or for the value of any unexpired term of the Lease. For purposes of this Article 18, a substantial part of the Premises shall be considered to have been taken if more than fifty percent (50 %) of the Premises are unusable by Tenant. 19. COVENANTS OF LANDLORD Landlord covenants that it has the right to make this Lease for the term aforesaid, and that if Tenant shall pay the Rent and perform all of the covenants, terms and conditions of this Lease to be performed by Tenant, Tenant shall, during the term hereby created, freely, peaceably and quietly occupy and enjoy the full possession of the Premises without molestation or hindrance by Landlord or any party claiming through or under Landlord. 20. NO PARTNERSHIP nothing contained in this Lease shall be deemed or construed to create a partnership or joint venture of or between the Landlord and Tenant, or to create any other relationship between the parties hereto other than that of Landlord and Tenant. 21. BROKER'S COMMISSION Tenant represents and warrants that it has incurred no claims or finder's fees in connection with the execution of this Lease. 22. NOTICES All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or by certified or registered mail, return receipt requested, first -class postage prepaid, (i) if to Landlord at City of Roanoke, 117 Church Avenue, Roanoke, Virginia 24011, Attention: Director of Economic, and (ii) if to Tenant, at 32 Market Square, SE, unless notice of a change of address is given pursuant to the provisions of this Article. 23. HOLDING OVER In the event that Tenant shall not immediately surrender the Premises on the date of expiration of the term hereof, Lease shall automatically renew itself month to month, at twice the Rent rate for the last year of the Lease plus all other charges accruing under this Lease, and subject to all covenants, provisions and conditions herein contained. Landlord and tenant shall both have the right to terminate the holdover tenancy upon thirty (30) days written notice. Tenant shall not interpose any counterclaim(s) in a summary proceeding or other action based on holdover. C: \DOCUMENTS AND SETTINGS \EDC 1 \DESKMP\NEW YORK SUBS LEASE.DOC 24. BENEFIT AND BURDEN The provisions of this Lease shall be binding upon, and shall inure to the benefit of, the parties hereto and each of their respective representatives, successors and assigns. 25. GENDER AND NUMBER Feminine or neuter pronouns shall be substituted for those of the masculine form, and the plural shall be substituted for the singular number, in any place or places herein in which the context may require such substitution. 26. ENTIRE AGREEMENT This Lease, together with any exhibits attached hereto, contains and embodies the entire agreement of the parties hereto, and representations, inducements or agreements, oral or otherwise, between the parties not contained in this Lease and exhibits, shall not be of any force or effect. This Lease may not be modified, changed or terminated in whole or in part in any manner other than by an agreement in writing duly signed by both parties hereto. 27. INVALIDITY OF PARTICULAR PROVISIONS If any provision of this Lease or the application thereof to any person or circumstances shall to any extent be invalid or unenforceable, the remainder of this Lease, or the application of such provisions to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each provision of this Lease shall be valid and be enforced to the fullest extent permitted by law. 28. HAZARDOUS SUBSTANCES Tenant covenants and warrants that Tenant, and Tenant's use of Premises and any alterations thereto will at all times comply with and conform to all laws, statues, ordinances, rules and regulations of any governmental, quasi - governmental or regulatory authorities ( "Laws ") which relate to the transportation, storage, placement handling, treatment, discharge, generation, removal production or disposal (collectively "Treatment ") of any waste petroleum product, waste products, radioactive waste, Polychlorinated Biphenyls (PCB), asbestos, lead -based paint, or other hazardous materials of any kind, and any substance which is regulated by any law, statute, ordinance, rule or regulation (collectively "Waste "). Tenant further covenants and warrants that it will not engage in or permit any person or entity to engage in any Treatment of any Waste on or which affects the Premises. Immediately upon receipt of any Notice (as hereinafter defined) from any person or entity, Tenant shall deliver to Landlord a true, correct and complete copy of any written Notice. "Notice" shall mean any note, notice or report of any suit, proceedings, investigation, order, consent order, injunction, writ, award or action related to or affecting or indicating the Treatment of any Waste in or affecting the Premises. Tenant hereby agrees it will indemnify, defend, save and hold harmless Landlord and Landlord's officers, directors, shareholders, employees, agents, partners, and the respective heirs, successors and assigns (collectively "Indemnified Parties ") against and from, and to reimburse the Indemnified Parties with respect to, any and all damages, claims, liabilities, loss, costs and expense (including, without limitation all attorney's fees and expenses, court costs, administrative costs and costs of appeals), incurred by or asserted against the Indemnified Parties by reason of or arising out of: (a) the breach of any representation or undertaking of Tenant under this section or (b) arising out of the Treatment of any waste by Tenant or any licensee, concessionaire, manager or other party occupying or using the Premises. Landlord is given the right, but not the obligation, to inspect and monitor the C: \DOCUMENTS AND SETTINGS\EDCTI \DESKTOP\NEW YORK SUBS LEASE.DOC Premises and Tenant's use of the Premises, including the right to review paperwork associated with Treatment activities in order to confirm Tenant's compliance with the terms of this Section. Landlord may require that Tenant deliver to Landlord concurrent with Tenant's vacating the Premises upon the expiration of this Lease, or any earlier vacation of the Premises by Tenant, at Tenant's expense, a certified statement by licensed engineers satisfactory to the Landlord, in form and substance satisfactory to Landlord, stating that Tenant, and any alterations thereto and Tenant's use of the Premises complied and conformed to all Laws relating to the Treatment of any Waste in or affecting the Premises. . Tenant agrees to deliver upon request from Landlord estoppel certificates to Landlord expressly stipulating whether Tenant is engaged in or has engaged in the Treatment of any Waste in or affecting the Premises, and whether Tenant has caused any spill, contamination, discharge, leakage, release or escape of any Waste in or affecting the Premises, whether sudden or gradual, accidental or anticipated, or any other nature at or affecting the Premises and whether, to the best of the Tenant's knowledge, such an occurrence has otherwise occurred at or affecting the Premises. 29. INSURANCE Prior to the delivery of possession of the Premises to Tenant, Tenant shall provide Landlord evidence satisfactory to Landlord (i) that fire and casualty and workers' compensation policies in amount and in form and content satisfactory to Landlord have been issued by a company or companies satisfactory to Landlord and will be maintained throughout the course of Tenant's work at Tenant's cost and expense and (ii) that Tenant has complied with the comprehensive liability insurance requirements set forth in the following paragraph. Tenant will, at all times commencing on the date of delivery of possession of the Premises to Tenant, at its own cost and expense, carry with a company or companies, satisfactory to Landlord, comprehensive general liability insurance including public liability and property damage, in a form satisfactory to Landlord, on the Premises, with the combined single liability limits of not less than One Million Dollars ($1,000,000.00) per occurrence, which insurance shall be written or endorsed so as to protect Landlord, its officers, agents and employees as additional insureds. The Tenant agrees that the above stated limits and coverages are minimum limits and coverages, and that Tenant shall provide such additional insurance as set forth above, in such amounts and against such risk as may be required in the Landlord's sole but "reasonable judgment, to equal the amounts and types of coverages carried by prudent owners and operators of properties similar to the Building. Tenant shall increase such limits at its discretion or upon reasonable request of Landlord but not more often than once every year and such increases shall not be in excess of generally accepted standards in the industry. Tenant covenants that certificates of all of the insurance policies required under this Lease, and their renewal or replacement, shall be delivered to Landlord promptly without demand upon the commencement of the term of this Lease and upon each renewal of the insurance. Such policy or policies shall also provide that it shall not be cancelled nor shall there by any change in the scope or amount of coverage of the policy without thirty (30) days prior written notice to Landlord. If same is not provided with ten (10) days after demand, Landlord is authorized to secure such policy from such companies as it deems appropriate and collect from Tenant in such a manner as it deems appropriate the cost of the premium. 30. SECURITY DEPOSIT (a) AMOUNT OF DEPOSIT Tenant will deposit a sum equal to the amount of C: \DOCUMENTS AND SEMNGS'\EDCn \DESKTO %NEW YORK SUBS LEASE.DOC .9 the rent in the last month of the Lease with the Landlord before the commencement of. this Lease. Such deposit shall be held by Landlord, without liability for interest, as security for the faithful performance by Tenant of all of the terms, covenants and conditions of the Lease by Tenant to be kept and performed during the term hereof. If at any time during the term of this Lease any of the rent herein reserved shall be overdue and unpaid, or any other sum payable by Tenant to Landlord hereunder shall be overdue and unpaid, the Landlord may, at the option of Landlord, appropriate and apply any portion of such deposit to the payment of any such overdue rent or other sum. (b) USE AND RETURN OF DEPOSIT In the event of the failure of Tenant to keep and perform any of the terms, covenants, and conditions of this Lease to be kept and performed by Tenant, then the Landlord at its option may appropriate and apply the entire such deposit, or so much thereof as may be necessary, to compensate the Landlord for loss of damage sustained or suffered by Landlord due to such breach on the part of Tenant. Should the entire deposit, or any portion thereof, be appropriated and applied by Landlord forthe payment of overdue rent or other sums due and payable to Landlord by Tenant hereunder, then Tenant shall, upon the written demand of Landlord, forthwith remit to Landlord a sufficient amount in cash to restore such security to the original sum deposited, and Tenant's failure to do so within five (5) days after receipt of such demand shall constitute a breach of this Lease. Should Tenant comply with all of such terms, covenants and conditions and promptly pay the entire rental herein provided for as it falls due, and all other sums payable by Tenant to Landlord hereunder, such deposit shall be returned in full to Tenant at the end of the Lease Term or upon the earlier termination of this Lease. 31 INDEMNIFICATION Tenant agrees to save and to protect, indemnify and hold Landlord harmless from and against and to reimburse Landlord from any and all liabilities, damages, costs, expenses, including, without limitation, reasonable attorneys' fees, causes of action, suits, claims, demands, or judgments of any nature whatsoever arising from injury to or death of persons or damages to property resulting from Tenant's use of the Premises caused by any act or omission, whether intentional or otherwise, of Tenant or its employees, servants, contractors or agents. 32. COMPLIANCE WITH LAWS AND REGULATIONS Tenant agrees to and will comply with all applicable federal, state and local laws, ordinances and regulations. Tenant acknowledges and agrees that it will dispose of trash and grease in the containers designated by the Landlord for such disposal and not dispose of such substances in a manner that would violate applicable federal, state and local laws, ordinances or regulations. - 33. FORUM SELECTION AND CHOICE OF LAW By virtue of entering into this Lease, Tenant submits itself to a court of competent jurisdiction in the City of Roanoke, Virginia, and further agrees that this Lease is controlled by the laws of the Commonwealth of Virginia and that all claims, disputes, and other matters shall only be decided by such court according to the laws of the Commonwealth of Virginia. 34. FORCE MAJEURE In the event that either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, inability to procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, war, or other reason of a like nature not the fault of the party delayed in performing the work or doing acts required under the terms of this Lease, then the time allowed C: \DOCUMENTS AND SMNGS\EDCTI \DESKTOF\NEW YORK SUBS LEASE.DOC 10 r for performance for such act shall be extended by a period equivalent to the period of such delay. The provisions of this Section shall not operate to excuse Tenant from the prompt payment of rent, Common Area Maintenance Fee or any other payments required by the terms of this Lease. 35. EQUAL EMPLOYMENT OPPORTUNITY: During the performance of this Agreement, Tenant agrees as follows: (a) Tenant will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of its business. Tenant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. (b) Tenant, in all solicitations or advertisements for employees placed by or on behalf of Tenant, will state that Tenant is an equal opportunity employer. (c) Tenant will include the provisions of the foregoing subsections (a) and (b) in every contract or purchase order of over ten thousand dollars and no cents ($10,000.00) so that the provisions will be binding upon each contractor or vendor. 36. DRUG -FREE WORKPLACE: (a) During the performance of this Agreement, Tenant agrees to (i) provide a drug -free workplace for its employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of Tenant that Tenant maintains a drug -free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. (b) For the purposes of this section, "drug -free workplace" means a site for the performance of work done in connection with a specific contract awarded to a contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the Agreement. 37. RULES AND REGULATIONS Tenant agrees to comply and adhere to Landlord's rules and regulations concerning the Building as stated in the attached Exhibit "D" attached hereto and made part of this Lease 38. SIGNAGE Tenant agrees to comply and adhere to Landlord's regulations concerning signage as stated in the attached Exhibit "E° attached hereto and made part of this Lease. 39. GUARANTY By virtue of entering into this Lease, Tenant agrees to have executed the Guaranty contained in Exhibit "F" attached hereto and made part of this Lease. Such Guarantor(s) shall first be approved by Landlord in C: \DDCUMENTS AND SErnNMEDCn \DESKTOP\NEW YORK SUBS LEASE.DDC 11 writing. Tenant agrees to provide information concerning Guarantors) to Landlord upon request. 40. LIABILITY OF LANDLORD As to this Lease Agreement, Landlord shall not be liable to Tenant, its employees, agents, business invitees, licensees, customers, clients, family members, guests or trespassers from any damage, compensation or claim arising during the term ofthis Lease Agreement, from the necessity of repairing any portion of the Building, the interruption in the use of the Premises, accident or damage resulting from the use or operation (Landlord, Tenant, or any other person or persons whatsoever) of elevators, or heating, cooling, electrical or plumbing equipment or apparatus, or the termination of this Lease by reason of the destruction of the Premises, or from any fire, robbery, theft, and /or any other casualty, or from any leakage in any part or portion of the Premises or the Building, or from water, rain or snow that may leak into, or flow from, any part of the Premises or the Building, or from drains, pipes or plumbing work in the Building, or from any other cause whatsoever. Any goods, property or personal effects, stored or placed by Tenant in or about the Premises or Building, shall be at the risk of Tenant, and Landlord shall not in any manner be held responsible therefore. The employees of Landlord are prohibited from receiving any packages or other articles delivered to the Building for Tenant, and if any such employee receives any such package or articles, such employee shall be the agent of the Tenant and not of Landlord. Intentionally Omitted C: \DOCUMENTS AND SETTINGS \EDCn \DESKTOVXNEW YORK SUBS LEASE.000 0W LANDLORD: CITY OF ROANOKE ATTEST: Stephanie M. Moon, City Clerk By: (SEAL) Print Name: Darlene Burcham Title: City Manager Approved as to Form: Assistant City Attorney TENANT: By: (SEAL) Print Name: Title: SS #: CADOCUMENTS AND SETr1NGS\EDCn \DESKT0%NEW YORK SUBS LEASE.DOC 13 EXHIBIT A FLOOR PLAN C: \DOCUMENTS AND SETDNGS\EDCTI \DESKTO %NEW YORK SUBS LEASE.DOC 14 r� 8—; a+aaa¢am�m ll p �y$ lock Ilp II t &I 0 0 t, �" � „-=�, —•` to �s IOZ- EXHIBIT B COMMON AREAS FLOOR PLAN Attach here [:\DOCUMENTS AND SErnNGS\EDCn \DESKTOP\NEW YORK SUBS LEASE.DOC 15 r Iii U. I V-) i .J J JnN3nb WIVS 3nN3AV 1138dVIVO el e � I IW fY cn w. lil a 8 i sill EXHIBIT C MENU Attach here if Food Court Tenant C: \DOCUMENTS AND SETTINGS\EDCrl \DESKTOP\NEW YORK SUBS LEASE.DOC 16 r s D rri •-• ttl m tz i , Q � n C C (D m w c W o � � a xs °3 = S n ° a g S 3 v , 0- �� � S, m O 3e�� ° D f q rt N a � O H � X- 0 Q m S m m 1 = 01 C o Z a s � CL rV� O< Qo o ;o dy ov_�° p a) 0 y Zm ID c 00 co c c �rj SD CA o ono M wO O fp 7 7. 1D O. w = J _ ID" O' 7 3 O 7 O n 3 CD 3 w CD rt ° _s c K m ►� c n H a m a m 3 3 m^ d m m m m 3? K m m o a d a o m Z v TA (D c 0 Cd n v° 3 T (D CD y c �i n m M^ UT CZ 3 ry N � m � m m a , o tz 'm I'Da E*! Q m By tarok ro rtm 7 rx O = T g� �c N F,Q O w d ? 0 'a T °o s fD O N F T y107 ^JdCH� ttl n � d C n c W o � � a "a 16q- 0 N v � Ln Cn o�� m 3 � E7N m m qL SD O = E. rt O fD a. i m m 0 n v CL 0 3 0 c n O O_ 3 n, 0 a , m 0 3��.o►.d m � m m -a 3 o- m Q ad m S .0 3 d ID ry 0 N N Li m EL m O C Imp � y c sv rt m �,y m c^ 3 v v rt P m 3 °- a 3 c m c c m S d O1 o d f m � s M CL O E O O N ... o m ID � N ID acr xs °3 = S n ° a g S 3 v , 0- �� S, m O 3e�� ° 0= a � O H O m m 1 = .M fD a. i m m 0 n v CL 0 3 0 c n O O_ 3 n, 0 a , m 0 3��.o►.d m � m m -a 3 o- m Q ad m S .0 3 d ID ry 0 N N Li m EL m O C Imp � y c sv rt m �,y m c^ 3 v v rt P m 3 °- a 3 c m c c m S d O1 o d f m � s M CL O E O O N ... o m -gyp O H n = J S m 7 m? O T rt m U CL U :E n N 0 n X a. V __ . m m �. n • 0 m N ID m O m n �, 'm' O_ S o T N m 3 m m 3 (D N .° m 'r S a- .� m— O m 0 '6 O m n O tm1 SD . O m N N OT. m m D m O ID m � D = ID O 9? O I ID m 3 3e�� ° O O ID . F I DM a a s EXHIBIT D RULES AND REGULATIONS 1. All trash must be kept in a covered container, or if requested by Landlord, in a Dumpster or similar container furnished and serviced at Tenant's expense. 2. Tenant shall keep lights on in show windows, leased food court space and lights on under marquee, if any, from 10:00 a.m. until 6:00 p.m. 3. Tenant agrees to handle all deliveries and refuse through the Salem Avenue entrance (if one) of the Premises. 4. No sign shall be permanently affixed to the plate glass of any window without prior written consent of Landlord. 5. No solicitation material shall be displayed inside the building or affixed to the exterior of the building. 6. Tenant shall keep Premise's, windows and window frames clean (inside and out) at all times and wash them weekly. 7. Tenant shall keep Premises' floors free of trash, chewing gum and other debris, and shall scrub and wax all tile or plastic flooring at least weekly. 8. Tenant is responsible for the replacement of light bulbs in its space 9. Tenant is responsible for the replacement of air - filters and the monthly maintenance of their exhaust fans in its Premises by a licensed contractor on a basis predetermined by the Landlord. 10. Tenant shall be responsible for breaking down and having all cardboard boxes ready for pick up. 11. (Applies only to Food Court Vendors) Providing the availability of space. for the purpose of storage, Landlord will allocate equally among all food vendors a set amount of space for the storage of a freezer or a refrigerator, food items and paper products. Items must be stored in accordance with Health and Fire codes. No restaurant equipment (unused or in disrepair) is to be stored in the area under any circumstances. Any prohibited items stored in this area will be removed at Tenant's expense. Tenant's not maintaining their own storage space per Health and Fire code requirements will be assessed a $100.00 fee per occurrence. If a Tenant's space is in violation more than three times in a given year, Landlord will rescind Tenant's option to use available space. C: \DOCUMENTS AND SE7nNGS\EDCTI \DESKT0%NEW YORK SUBS LEASE.DOC 17 EXHIBIT E SIGN REGULATION No sign, advertisement or notice shall be inscribed, painted, affixed or displayed on walls, windows, or any part of the outside or the inside of the Building including the directories, in place, number, size, color and style, unless approved by Landlord. If Tenant nevertheless exhibits such sign, advertisement or notice, Landlord shall have the right to remove the same and Tenant shall be liable for any and all expenses incurred by Landlord by such removal. Tenant further agrees to maintain such sign, canopy, decoration, lettering, advertising matter or other thing as may be approved in good condition and repair at all times. Landlord shall have the right to prohibit any advertisement of Tenant which in its opinion tends to impair the reputation of the Building or its desirability as a high - quality festival marketplace for retail stores or food related businesses, other institutions of like nature, and, upon written notice from Landlord, Tenant shall immediately refrain from and discontinue any such advertisement. C: \DOCUMENTS AND SEMNG5\EDCTI \DE5KTOP\NEW YORK SUBS EEASE.DOC 18 EXHIBIT F GUARANTY PERSONAL GUARANTEE Intentionally Omitted C: \DOCUMENTS AND SETnNGS\EDCTI \DESKTOP \NEW YORK SUBS IEASE.DOC 19 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Ti6g'6CLEPK- � ��T 15 P3204 --------------------------------------------------+------------------------ I .. OFFICE OF ECONOMIC DEVELOPMENT 117 CHRUCH AVE ROANOKE VA 24011 REFERENCE: 80084300 11707095 NPH- Market Bldg -New 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. I 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 _� 'Jfihday of OCT 2009. Witness my hand and official seal. I PUBLISHED ON: 10/09 Notary Public ALA Q_`Q. • Nl7 i AR`s Q7 o p'UBLIC RBG, #7090930• ; ' MY COMMISSION Q NOTICE OF PUBLIC HEARING The City of Roanoke proposes to lease approximately 290 squar e feet of City -owned property located in the Roanoke City Market Building at 32 Market Square, Roanoke, Virginia 24011, to Penick, Incorporated, d /b /a New York Subs, to be used as a food court business, on a month to month basis beginning November 1,; 2009, such terms hot to exceed one year. Pursuant t0 the raquIraman,'ts of § §15.2 - 18010 and 15.2 -1813, Code of Virginia, i1950) as amende, notice.' s hereby gven that he Cityl Council of th "e City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Thursday, October 22, 2009, Commencing at 7:00 P•m., In the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. Further information is of the IClty Clerk forte C�Ity of Roanoke at (540) 853 -2541. Citizens shall have the opportunity to be heard and express their opinion on said matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853 -2541, before 12:00 noon on Thursday, October 15, 2009. GIVEN under my hand this 6th day of October, 2009. STEPHANIE M. MOON CLERK (11707095) I rrrr�o ' • ...... • �`�� TOTAL COST: 196.56 r1,,NWEA��1A .% r FILED ON: 10/09/09 -------------------------------------------------- +------------------ - - - - -- Authorized �` yn:�6 Signature: Billing Services Representative t P�L NOTICE OF PUBLIC HEARING The City of Roanoke proposes to lease approximately 290 square feet of City - owned property located in the Roanoke City Market Building at 32 Market Square, Roanoke, Virginia 24011, to Penick, Incorporated, d/b /a New York Subs, to be used as a food court business, on a month to month basis beginning November 1, 2009, such terms not to exceed one year. Pursuant to the requirements of § §15.2 -1800 and 15.2 -1813, Code of Virginia (1950) as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Thursday, October 22, 2009, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. Further information is available from the Office of the City Clerk for the City of Roanoke at (540) 853 -2541. Citizens shall have the opportunity to be heard and express their opinions on said matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853 -2541, before 12:00 noon on Thursday, October 15, 2009. GIVEN under my hand this 6th day of October , 2009. STEPHANIE M. MOON CLERK K:\David \Council Work\PH NOTICE Penick Incorporation dba New York Subs lease 10- 22- 09.doc October 28, 2009 Municipal Code Corporation P. O. Box 2 2 3 S Tallahassee, Florida 32316 Ladies and Gentlemen: JONATHAN E. CRAFT Deputy City Clerk CECELIAT. WEBB Assistant Deputy City Clerk I am enclosing copies of Ordinance No. 38633- 102209 amending and reordaining Section 32 -104, Levied Rate, Article III, Tax on Tangible Personal Property Generally, Chapter 32, Taxation, Code of the City of Roanoke (1979), as amended, to provide for a special personal property tax rate for aircraft weighing 20,000 pounds or more, effective .January 1, 2010; and Ordinance No. 38634- 102209 amending and reordaining Section 32 -104, Levied: rates, Article III, Tax on Tangible Personal Property Generally, Chapter 32, Taxation, Code of the City of Roanoke by the addition of subsection (d) to provide for a special personal property tax rate for certain motor vehicles which use clean special fuels, effective ,January 1, 2010. The abovereferenced measures wer e Roanoke at a regular meeting held on J force effective January 1, 2010. Enclosure adopted by the Council of the City of Thursday, October 22, 2009, and is in full Sincerely, l i 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 -1145 STEPHANIE M. MOON, CMC E -mail: clerk@roanokeva.gov City Clerk October 28, 2009 Municipal Code Corporation P. O. Box 2 2 3 S Tallahassee, Florida 32316 Ladies and Gentlemen: JONATHAN E. CRAFT Deputy City Clerk CECELIAT. WEBB Assistant Deputy City Clerk I am enclosing copies of Ordinance No. 38633- 102209 amending and reordaining Section 32 -104, Levied Rate, Article III, Tax on Tangible Personal Property Generally, Chapter 32, Taxation, Code of the City of Roanoke (1979), as amended, to provide for a special personal property tax rate for aircraft weighing 20,000 pounds or more, effective .January 1, 2010; and Ordinance No. 38634- 102209 amending and reordaining Section 32 -104, Levied: rates, Article III, Tax on Tangible Personal Property Generally, Chapter 32, Taxation, Code of the City of Roanoke by the addition of subsection (d) to provide for a special personal property tax rate for certain motor vehicles which use clean special fuels, effective ,January 1, 2010. The abovereferenced measures wer e Roanoke at a regular meeting held on J force effective January 1, 2010. Enclosure adopted by the Council of the City of Thursday, October 22, 2009, and is in full Sincerely, l i Stephanie M. Moon, CMC City Clerk Municipal Code Corporation October 28, 2009 Pag e 2 pc: The Honorable Sherman A. Holland, Commissioner of the Revenue The Honorable Evelyn W. Powers, Treasurer The Honorable Brenda S. Hamilton, Clerk, Circuit Court Ronald S. Albright, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Raymond F. Leven, Office of the Magistrate Lora A. Wilson, Law Librarian Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director, Management and Budget Cecelia R. Webb, Assistant Deputy City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of October, 2009. No. 38633 - 102209. AN ORDINANCE amending and reordaining Section 32 -104, Levied Rate, of Article III, Tax On Tangible Personal Property Generally, Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended to provide for a special personal property tax rate for aircraft weighing 20,000 pounds or more; providing for an effective date; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke, as follows: 1. Section 32 -104, Levied Rate, of Article III, Tax On Tangible Personal Property Generally, Chapter 32, Taxation, of the Code of the City of Roanoke (1979), are hereby amended to read and provide as follows: Sec. 32 -104. Levied; rate. (C) Effective January 1, 2010, the tax rate contained in this section shall not apply to aircraft, as that term is used in sec. 58.1 -3506, Code of Virginia. For the purposes of the taxation of aircraft pursuant to this article, there is hereby imposed and levied, and there shall be collected, for each tax year, the following: 1) a tax at the rate of forty -five cents ($0.45) on every one hundred dollars ($100.00) of the fair market value of every aircraft as defined in Sec. 58.1- 3506.0.3; Code of Virginia; and 2) a tax at the rate of one dollar and six cents ($1.06) on every one hundred 'dollars ($100.00) of the fair market value of all other aircraft. - (C) Effective January 1, 2010, the tax rate contained in this section shall not apply to aircraft, as that term is used in sec. 58.1 -3506, Code of Virginia. For the purposes of the taxation of aircraft pursuant to this article, there is hereby imposed and levied, and there shall be collected, for each tax year, the following: 1) a tax at the rate of forty -five cents ($0.45) on every one hundred dollars ($100.00) of the fair market value of every aircraft as defined in Sec. 58.1- 3506.0.3; Code of Virginia; and 2) a tax at the rate of one dollar and six cents ($1.06) on every one hundred 'dollars ($100.00) of the fair market value of all other aircraft. 2. This ordinance shall be in full force and effect on and after January 1, 2010. 3. Pursuant to §12 of the Roanoke -City Charter, the second reading by title of this ordinance is hereby dispensed with. ATTEST: • 0�1nJ City Clerk. �4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd day of October, 2009. No. 38634- 102209. AN ORDINANCE amending of Section 32 -104, Levied; rates, Article III, Tax on Tangible Personal Property Generally, Chapter 32, Taxation, Code of the City of Roanoke by the addition of subsection (d) to provide for a special personal property tax rate for certain motor vehicles which use clean special fuels; providing for an effective date; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 32 -104, Levied, rates, Article III, Tax on Tan:;ible Personal Property Generally, Chapter 32, Taxation, Code of the City of Roanoke, is amended to read and provide as follows: (d) Effective January 1, 2010, the tax rate contained in this section shall not apply to motor vehicles which use clean special fuels, as defined in ,58.1- 3506A.22, Code of Virginia. For purposes of the taxation of such vehicles pursuant to this article, there is hereby imposed and levied, and there shall be collected, for each tax year, a tax at the rate of three dollars and forty -five cents ($3.45) on every one hundred dollars ($100.00) of the fair market value of such vehicle; provided that the owner shall receive a credit of ten percent (10 %) on the taxable amount. 2. This ordinance shall be in full force and effect on and after January 1, 2010. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is dispensed with. K:\Measures \Code Amendment add d to 32 -104 Persona] Property Taxes 2009.doc ATTEST. City Clerk. .0, v •G 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 October 22, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, 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: Change in Personal Property Tax Rate for Aircraft Weighing 20,000 Pounds or More Background: The Code of Virginia allows aircraft. to be categorized into two weight classifications for the purpose of assessing personal property tax, those that have a registered empty gross weight less than 20,000 pounds that are not owned and operated by scheduled air carriers recognized under federal law and those that have a registered empty gross weight of 20,000 pounds or more. A separate tax rate schedule can be applied to each class. At present, the City assesses all aircraft at the rate of $1.06 per $100 of assessed value. Considerations: At the present time, Roanoke's Municipal Airport houses 105 aircraft, all of which fall under the 20,000 pound threshold. Based on information provided by the Commissioner of the Revenue's Office, the total personal property tax revenue generated from these properties is $82,193, which means the average tax bill is approximately $783. Those aircraft weighing 20,000 pounds or more, as a general rule, are significantly more expensive to purchase and often are owned by corporations. Their owners will often hangar their planes in a locality that offers a favorable tax rate. When assessed at the City's current rate of $1.06 per $100 of Honorable Mayor and Members of City Council October 22, 2009 Page 2 assessed value, even a moderately priced jet would cost its owner many thousands of dollars in personal property taxes if it was housed here. As a result, several larger planes are housed in nearby localities due to a much more favorable tax environment as allowed by State code. In an effort to encourage the owners of these larger aircraft to consider storing their planes here, a separate tax rate should be established for these aircraft. The proposed rate is $.45 per $100 of assessed value. When compared with other localities, over a five to ten year period, this rate would allow the owners of this larger class of aircraft to save money while at the same time potentially bringing in additional tax revenue to the City. Since there are currently no aircraft weighing 20,000 pounds or more housed in the City, there would not be any reduction in current revenue if this new tax rate is implemented. The Director of Finance and the Commissioner of the Revenue participated in developing the recommendation for establishing this separate tax rate. Recommended Action: Adopt the attached ordinance establishing a personal property tax rate of $.45 per $100 of assessed value for aircraft weighing 20,000 pounds or more to be effective January 1, 2010. Aircraft weighing less than 20,000 pounds will continue to be assessed at the current rate of $1.06 per $100 of assessed value. Respectfully submitted, Darlene L. Burcham City Manager DLB /rbl Attachment c: Honorable Sherman A. Holland, Commissioner of the Revenue Honorable Evelyn W. Powers, City Treasurer 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 Sherman M. Stovall, Director of Management and Budget CM09 -00188 October 22, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, 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: Establish Personal Property Tax Incentive for Owners of "Clean Special Fuel" Vehicles Background: As part of the City's ongoing effort to reduce its carbon footprint, it would be prudent to provide special tax relief to owners of "clean special fuel" vehicles, a category that includes many hybrid vehicles. As defined by Section 46.2 -749.3 of the Virginia State Code, "clean special fuel" means "any product or energy source used to propel a highway vehicle, the use of which, compared to conventional gasoline or reformulated gasoline, results in lower emissions of oxides of nitrogen, volatile organic compounds, carbon monoxide or particulates or any combination thereof. The term includes compressed natural gas, liquefied petroleum gas, hydrogen, hythane (a combination of compressed natural gas and hydrogen), and electricity." Considerations: The City's current personal property tax rate for vehicles is $3.45 per $100 of assessed value. The State provides the City with a fixed block grant amount for car tax relief annually based on the Personal Property Tax Relief Act of 1998 (PPTRA). It is not the City's desire to impact the tax rate itself or the tax relief amount provided to all car owners by the PPTRA. Instead, after the State's car tax relief rebate has been applied, for the owners of clean special fuel vehicles, CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building L� 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011 -1591 Telephone: (540) 853 -2333 Fax: (540) 853 -1138 City Web: www.roanokeva.gov October 22, 2009 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, 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: Establish Personal Property Tax Incentive for Owners of "Clean Special Fuel" Vehicles Background: As part of the City's ongoing effort to reduce its carbon footprint, it would be prudent to provide special tax relief to owners of "clean special fuel" vehicles, a category that includes many hybrid vehicles. As defined by Section 46.2 -749.3 of the Virginia State Code, "clean special fuel" means "any product or energy source used to propel a highway vehicle, the use of which, compared to conventional gasoline or reformulated gasoline, results in lower emissions of oxides of nitrogen, volatile organic compounds, carbon monoxide or particulates or any combination thereof. The term includes compressed natural gas, liquefied petroleum gas, hydrogen, hythane (a combination of compressed natural gas and hydrogen), and electricity." Considerations: The City's current personal property tax rate for vehicles is $3.45 per $100 of assessed value. The State provides the City with a fixed block grant amount for car tax relief annually based on the Personal Property Tax Relief Act of 1998 (PPTRA). It is not the City's desire to impact the tax rate itself or the tax relief amount provided to all car owners by the PPTRA. Instead, after the State's car tax relief rebate has been applied, for the owners of clean special fuel vehicles, Honorable Mayor and Members of City Council October 22, 2009 Page 2 the amount shown as due on their tax bills will reflect a 10% credit on the taxable amount. The Director of Finance and the Commissioner of the Revenue participated in developing the recommendation for this tax credit for owners of clean special fuel vehicles. The Commissioner of Revenue and the City Treasurer will automatically apply the clean special fuel relief to qualifying clean special fuel vehicles. The Virginia Department of Motor Vehicles' website provides an updated listing of vehicles designated as clean special fuel. Not all hybrid vehicles will qualify for the clean special fuel relief. Recommended Action: Adopt the attached ordinance establishing a 10% credit on the personal property tax amount due from the owners of clean special fuel vehicles effective ,January 1, 2010. Respectfully submitted, Darlene L. Burcham City Manager DLB /rbl Attachment c: Honorable Sherman A. Holland, Commissioner of the Revenue Honorable Evelyn W. Powers, City Treasurer 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 Sherman M. Stovall, Director of Management and Budget CM09 -00189 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times -------------------------------------------------- +------------------ - - - - -- STEPHANIE M. MOON CITY OF ROANOKE CLERK'S OFFICE 215 CHURCH AVE SW RM 456 NOEL C. TAYLOR MUNICIPAL BLDG. ROANOKE VA 24011 REFERENCE: 32143302 11708263 State of Virginia City of Roanoke NPH- Decrease Persona 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 Vir a. Sworn and subscribed before me this _J'4* __day of OCT 2009. Witness my hand and of�ial seal. n _ _ _ _ Notary Public PUBLISHED ON: 10109 TOTAL COST FILED ON: Authorizt Signature 218.40 10/09/09 MCENtiF� -,, . ' NOTARY • /` : • PUBLIC :�� • REG. #332964 MY COMMISSION _ ,O• PR i NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of Roanoke will hold a public hearing at its regular meeting to be held on Thursday, October 22, 2009, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, or as soon thereafter as the matter may be heard, on the issue of.amending §32 -104, Code of the City of Roanoke (1979), as amended, for the purpose of decreasing the current i personal property tax rate on aircraft weighing 20,000 pounds or more from $1.06 per $100.00 of assessed value to $.45 per $100.00; of assessed value, while leaving the rate at $1.06 for all other aircraft, and decreasing the current personal property tax on, motor vehicles which use clean special fuels, as� d e f i n e d i n §58.1- 3506.A.22, Code of Virginia, by providing a ten percent (10 %) credit on the taxable amount, which amount is based on $3.45 per $100.00 assessed value. The proposed ordinances, and information concerning the justification for the proposed decreases, are available for examination by the public In the Office of the City Clerk, Room 456 Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia 24011. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office, 853 -2541, by 12:00 noon on Tuesday, October 20, 2009. GIVEN under my hand this 7th day of October, 2009. Stephanie M. Moon, City Clerk.' (11708263) Services Representative NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of Roanoke will hold a public hearing at its regular meeting to be held on Thursday, October 22, 2009, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, or as soon thereafter as the matter may be heard, on the issue of amending §32- 104, Code of the City of Roanoke (1979), as amended, for the purpose of decreasing the current personal property tax rate on aircraft weighing 20,000 pounds or more from $1.06 per $100.00 of assessed value to $.45 per $100.00 of assessed value, while leaving the rate at $1.06 for all other aircraft, and decreasing the current personal property tax on motor vehicles which use clean special fuels, as defined in §58.1- 3506.A.22, Code of Virginia, by providing a ten percent (10 %) credit on the taxable amount, which amount is based on $3.45 per $100.00 assessed value. The proposed ordinances, and information concerning the justification for the proposed decreases, are available for examination by the public in the Office of the City Clerk, Room 456 Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia 24011. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office, 853 -2541, by 12:00 noon on Tuesday, October 20, 2009. GIVEN under my hand this 7th day of October , 2009. Publish once, a week before the public hearing. KAMEASUREWH NOTICE AIRCRAFPTAX.DOC Stephanie M. Moon, City Clerk. Notice to Publisher: Publish in the Roanoke Times on Friday, October 9, 2009. Send bill and affidavit to: Stephanie M. Moon, CMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853 -2541 K:WOTICES \2009 \OCTOBER \NPH - AIRCRAFT TAX.DOC