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Home My WebLink AboutCouncil Actions 02-16-10 . ROSEN 38721-021610 ROANOKE CITY COUNCIL REGULAR SESSION FEBRUARY 16, 2010 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order--RolI Call. Council Member Price was late. The Invocation was delivered by The Reverend Warren King, Pastor, Shenandoah Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. Welcome. Mayor Bowers. NOTICE: Today's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, February 18 at 7:00 p.m., and Saturday, February 20 at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED IN OBTAINING A COpy OF ANY ITEM LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456, NOEL C. TAYLOR MUNICIPAL BUILDING, 215 CHURCH AVENUE, S. W., OR CALL 853-2541. 1 J THE CITY CLERK'S OFFICE. PROVIDES THE MAJORITY OF THE CITY COUNCIL AGENDA ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO ACCESS AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT WWW.ROANOKEVA.GOV.CLlCK 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, IFTHERE 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. 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFI;RRED IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. Robert Gravely and Michael McEvoy appeared before the Council. 2 4. . CONSENT AGENDA (APPROVED 6-0, AS WRITTEN WITH THE ADDITIONAL PUBLIC HEARING REQUEST BEING CONSIDERED SEPARATELY) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 Minutes of the regular meetings of Council held on Monday, November 2, 2009; recessed until Thursday, November 5, 2009; and Monday, November 16, 2009. RECOMMENDED ACTION: Dispensed with the reading of the minutes and approved as recorded. . . C-2 A 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 to discuss 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 2.2-3711 (A)(29), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C-3 A 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 to discuss 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 2.2-3711 (A)(29), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C-4 A communication from the City Clerk advising of the resignation of Michael D. Wrayas a member of the Youth Services Citizen Board. RECOMMENDED ACTION: Accepted the resignation and received and filed the communication. C-5 Reports of qualification of Philip H. Lemon and Michael Woolwine as members of the Board of Zoning Appeals for terms ending December 31, 2012. RECOMMENDED ACTION: Received and filed. 3 A communication from the City Manager requesting that the Council schedule a public hearing on Monday, March 1,2010, at 2:00 p.m., or as soon thereafter as the matter may be heard, with regard to the conveyance of City-owned property located at 220 Church Avenue, S. W., known as the Commonwealth Building. RECOMMENDED ACTION: Concurred in the request. (5-1, Mayor Bowers voting no, inasmuch as the request for the public hearing to be held at 2:00 p.m., instead of 7:00 p.m., on the third Monday.) REGULAR AGENDA 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: a. Presentation by the Foundation for Roanoke Valley on activities held within the community. Alan E. Ronk, Executive Director, Spokesperson. (Sponsored by Mayor Bowers and Council Member Cutler) Comments received and filed. 7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: 1. Acceptance and appropriation of funds for the Western Virginia Workforce Development Board Workforce Investment Act Programs- Local Coordination Grant for Fiscal Year 2010. Adopted Resolution No. 38721-021610 and Budget Ordinance No. 38722-021610. (6-0) 2. Adoption of a resolution supporting Roanoke's designation as a Bicycle Friendly Community. Adopted Resolution No. 38723-021610. (6-0) 3. Appropriation of Fire/EMS Assistance to Firefighters' Grant funds in connection with an adjustment for deployment of digital radio technology equipment. Adopted Budget Ordinance No. 38724-021610. (6-0) 4 4. Appropriation and transfer of funds in connection with federal enhancement awards for the Roanoke River Greenway Trail Project. Adopted Budget Ordinance No. 38725-021610. (6-0) 5. Authorization to execute an amendment to the Deed of Restriction to allow for an increase in lot coverage ratio in the Roanoke Centre for Industry and Technology. Adopted Ordinance No. 38726-021610. (6-0) At this point, Council Member Price entered the meeting. (2:47 p.m.) COMMENTS BY THE ASSISTANT CITY MANAGER FOR OPERATIONS. NONE. b. DIRECTOR OF FINANCE: 1 . Presentation of the Comprehensive Annual Financial Report for Fiscal Year 2009. Comments were received and filed. 8. REPORTS OF COMMITTEES: a. A report of the Roanoke City School Board requesting appropriation of funds for capital projects; 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. 38727-021610. (7-0) b. A report of the Roanoke City School Board requesting appropriation of funds for various educational programs; 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. 38728-021610. (7-0) 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 5 11.. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. Mayor Bowers recognized Chris Morrill, City Manager-Elect; and former City Council Member William D. Bestpitch. He also congratulated Council Member Mason on her recent appointment as Executive Director of the Clean Valley Coun~il; and Council Member Price on her upcoming recognition of the Martin Luther King Jr. award at High Street Baptist Church on Sunday, February 21, 2010. Council Member Trinkle, Chairman, Legislative Committee, gave a brief update regarding Legislative Day in Richmond on Thursday, February 11. The City Attorney also shared information pertaining to the legislative bills that were moving through the General Assembly. Council Member Mason called attention to her communication addressed to the Council requesting consideration of three items for discussion during the annual Financial Planning Session scheduled for Friday, February 19 at 8:30 a.m., in the EOC Conference Room, Room 159. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. NONE. AT 3:55 P.M., THE COUNCIL MEETING WAS DECLARED IN RECESS FOR A CLOSED MEETING TO BE HELD IN THE COUNCIL'S CONFERENCE ROOM. AT 4:57 P.M., THE COUNCIL MEETING RECONVENED IN THE COUNCIL CHAMBER. CERTIFICATION OF CLOSED MEETING. (7-0) AT 4:58 P.M., THE COUNCIL MEETING WAS DECLARED IN RECESS UNTIL 7:00 P.M., IN THE CITY COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING. \ 6 ROANOKE CITY COUNCIL REGULAR SESSION FEBRUARY 16, 2010 7:00 P.M. CITY COUNCIL ,CHAMBER AGENDA Call to Order--RolI Call. ALL PRESENT. The Invocation was delivered by Mayor David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Boy Scout Troop NO.1 0 of South Roanoke United Methodist Church. Welcome. Mayor Bowers. NOTICE: Tonight's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, February 18 at 7:00 p.m., and Saturday, February 20 at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. A. PUBLIC HEARINGS: 1 . Request of the Roanoke City School Board to repeal all existing proffered conditions on property located at 2102 Grandin Road, S. W.,being Patrick Henry High School, and to replace with new proffers. David Carson, Chair, Roanoke City School Board, Spokesperson. Adopted Ordinance No. 38729-021610. (6-1, Mayor Bowers voting no.) 7 2. (a) Request of Central Baptist Church to amend the Planned Unit Development Plan on a parcel of land located along Hershberger Road, N. W., and to rezone a parcel for land located at Barrington and Hershberger Road, N. W., from R-7, Residential Single Family District, to INPUD, Institutional Planned Unit Development District, in order to provide better access for the development and to allow better placement of a stormwater management pond, as provided in a development plan dated November 16, 2009. Maryellen F. Goodlatte, Esquire, Spokesperson. Adopted Ordinance No. 3.8730-021610. (7-0) (b) A communication from the City Manager regarding modification of conditions associated with Ordinance No. 38550-072009 vacating, discontinuing and closing a portion of Barrington Drive, N. W. Adopted Ordinance No. 38731-021610. (7-0) 3. Proposal of the City of Roanoke to convey a parcel of City-owned property on 14th Street, S. W., to Habitat for Humanity in the Roanoke Valley, to develop single-family housing for homeownership as part of the Hurt Park revitalization project. R. Brian Townsend, Assistant City Manager for Community Development, Spokesperson. Adopted Ordinance No. 38732-021610. (7-0) 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 Georgia R. Crump, d/b/a Nuts & Sweet Things, on a month to month basis beginning March 1,2010, not to exceed one year. Darlene L. Burcham, City Manager. Adopted Ordinance No. 38733-021610. (7-0) 5. Proposal of the City of Roanoke to lease approximately 210 square feet of City-owned property located in the Roanoke City Market Building to Adel Eltawansy, d/b/a Zorba's, on a month to month basis beginning March 1, 2010, not to exceed one year. Darlene L. Burcham, City Manager. Adopted Ordinance No. 38734-021610. (7-0) 6. Proposal of the City of Roanoke to lease approximately 462 square feet of City-owned property located in the Roanoke City Market Building to BIS, Inc., alk/a Burger in the Square, on a month to month basis beginning March 1, 2010, not to exceed one year. Darlene L. Burcham, City Manager. Adopted Ordinance No. 38735-021610. (7-0) 8 7. Proposal of the City of Roanoke to lease approximately 190 square feet of City-owned property located in the Roanoke City Market Building to Juan E. Garcia, d/b/a Paradiso Cuban Restaurant, on a month to month basis beginning March 1, 2010, not to exceed one year. Darlene L. Burcham, City Manager. Adopted Ordinance No. 38736-021610. (7-0) B. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. Chris Craft appeared before the Council. AT 8:07 P.M., THE COUNCIL MEETING WAS DECLARED IN RECESS UNTIL FRIDAY, FEBRUARY 19, 2010, AT 8:30 A.M., IN THE EOC CONFERENCE ROOM, ROOM 159, NOEL C. TAYLOR MUNICIPAL BUILDING, FOR A FINANCIAL PLANNING WORK SESSION. 9 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 February 16,2010 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 S Sec. 2.2-3711.A.29, of the Code of Virginia (1950), as amended. Respectfully submitted, .I VI Darlene L. B~cham 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 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 ( February 16,2010 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 S Sec. 2.2-3711.A.29, of the Code of Virginia (1950), as amended. Darlene L. Bur City Manager DLB/lsc c: William M. Hackworth, City Attorney Ann Shawver, Director of Finance Stephanie M. Moon, 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 February 16, 2010 The Honorable Members of Roanoke City Council Roanoke, Virginia Dear Members of Council: Council Members M. Rupert Cutler Sherman P. Lea Gwen W. Mason Anita 1. Price Court G. Rosen David B. Trinkle We jointly sponsor a request of the Foundation of Roanoke Valley for a presentation on activities held within the community, at the regular meeting of City Council to be held on Tuesday, February 16, 2010, at 2:00 p.m. DAB/MRC:ctw Sincerely, A~n--J. \)(" \1 c 3'~"~, David A. Bowers Mayor . FOUNDATION FOR ROANOKE VALLEY - Overview Fact Sheet Community Foundations began in 1914 and are publicly-supported, 501(c)(3) philanthropic organizations that hold, administer, invest, and make grants from both endowed and non-endowed funds established by individuals, families, corporations, private foundations and non-profit organizations. / They are simple, flexible, convenient, tax-wise and cost-effective vehicles through which donors can give back to their community in perpetuity. Foundation for Roanoke Valley, established in 1988, is the community foundation serving the cities of Roanoke, Salem, Martinsville, and Lexington, and the counties of Roanoke, Botetourt, Craig, Floyd, Franklin, Henry, Alleghany and Rockbridge, as well as other surrounding areas. The Foundation's mission is to provide leadership, resources and inspiration for philanthropy in the communities it serves. To fulfill the Foundation's mission it enables donors to carry out their charitable intent through endowment funds; provides responsible stewardship for entrusted funds; makes creative grants for current and future community needs and opportunities; offers comprehensive services to encourage and advance effective philanthropy; and promotes and participates in collaborative efforts to shape a healthy, caring community. Your community foundation now holds over 240 endowments, with total outright assets exceeding $40 million. This community has also already put in place an additional $70+ million in future estate commitments to the Foundation. The Foundation's endowments range in size from a minimum of $10,000 to several million dollars. The Foundation currently awards over $2 million annually to hundreds of non- profit organizations that are local, regional or national in scope and has granted out over $17 million to the community to date. P.O. Box 1159 . Roanoke,VA 24006 (540) 985-0204 . www.foundationforroanokevalley.org . Fax (540) 982-8175 Your Community Foundation Highlights Specific to Roanoke City The Foundation has been located in Roanoke City since its inception. Our first office was in the Carlton Terrace Building on Jefferson Street. Through the generosity of Crestar Bank, we relocated to Church Avenue in what was then The Crestar Building, and for the last several years our offices have been next door to BB&T on Church Avenue. Over the last four years, approximately $1 out of every $2 granted by Foundation for Roanoke Valley has been awarded to organizations located in Roanoke City. Thus, total grants made over that time period to City programs have exceeded $4.1 million. The Foundation is one of the largest grantors of educational scholarships in the region, granting hundreds of thousands each year. Many students from Roanoke City schools have benefited from FRV scholarships. We also hold such endowments as a scholarship for outstanding art students at William Fleming and Patrick Henry High Schools. Roanoke City Schools have benefited from a number of sizeable grants, such as a grant of $21,000 a few years ago to provide AEDs to all the City elementary . schools. Weare working toward a new pilot project for this coming fall that would provide mini-grants to teachers to benefit their particular classrooms, and we expect to pilot that program in the Roanoke City Schools. And for many years, the Foundation has held and administered the Partners for Success Fund to benefit Roanoke City schoolchildren. The Roanoke Women's Foundation is a component fund of Foundation for Roanoke Valley, and we were very proud of their $100,000 grant in 2008 to help fund the major school-access program at Virginia Western Community College for Roanoke City students. One of our neatest and most rewarding programs is our Philanthropy Project, where we work monthly with local high school students, including representatives from William Fleming and Patrick Henry. The students are responsible for awarding $25,000 to local nonprofits. They develop their own community priorities based on their research, they invite agencies to apply, they conduct site visits, and they make. their own grant decisions. Throughout the year, this Youth Leadership Committee also conducts numerous service projects, from helping clean up communities to childrens' carnivals at the Rescue Mission to luaus with older adults in the local retirement facilities Over the years, the Foundation has been very proud to be the recipient of several Roanoke City mayoral proclamations, the most recent being in May, 2009 as Mayor Bowers proclaimed May 5th as Foundation for Roanoke Valley Day. That day, at Melrose Towers, we announced a major 5 year initiative to substantially transform the lives of older adults in our region. It is called The Belonging Initiative. The Belonging Initiative is a collaborative between the Foundation, Rebuilding Together, LOA's Senior Companion Program, Mental Health America, Roanoke Valley, Council of Community Services and the Botetourt Resource Center to keep our seniors healthy, safe and connected. We are moving into our second year, and we were delighted with the wide-ranging successes of the first year. And Mayor Bowers, knowing your involvement, I would note that for any of you who are not familiar with Rebuilding Together's work on renovating houses for needy individuals, it is simply amazing what this wonderful group of builders, contractors and others make possible. I would also note that the Foundation holds its annual celebration in the Roanoke Civic Center, where about 400 people join us each November to hear a report on our work on behalf of the community during the past fiscal year. I would further add that over our 21 years, we have stayed fiscally strong, have always had a clean independent audit, have operated on less than 2 cents on a dollar of assets, and we have done so without asking any governmental unit for operating support. What is next for your community foundation? While I have pointed out a number of items specific to the City, I know that this City Council is also interested in the good of the entire region. Your community foundation began with a service area of Roanoke County, Roanoke City, Salem, Botetourt County and Craig County. We now serve over a 10 county area from Rockbridge County to Henry County, over to Floyd County, the Alleghany Highlands, and now several counties in southwest Virginia. We expect that growth to continue. This has resulted in our changing our legal name to Community Foundation of Western Virginia, Inc., although we will continue to operate locally as Foundation for Roanoke Valley. Over time, your community foundation will grow to $100 million and then $200 million, with a belief that long range we will reach half a billion dollars in assets to benefit this community. And those assets will be perpetual, so that your grandchildren's grandchildren will benefit from the many endowment legacies that current donors are putting in place. The endowment funds that folks set up in Cleveland Ohio in 1914 with the very first community foundation are still working hard and providing substantial benefits to that city nearly 100 years later. Thank you very much for providing me with this opportunity to update you about Foundation for Roanoke Valley's work, and I look forward to a future opportunity to sharing other good news with you. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk February 16, 2010 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: This is to advise that Michael D. Wray has tendered his resignation as a member of the Youth Services Citizen Board, inasmuch as he will no longer reside in the City of Roanoke. Sincerely, ~~.~~ 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: c1erk@roanokeva.gov City Clerk February 23, 2010 Rebecca J. Cockram, Secretary Board of Zoning Appeals Roanoke, Virginia Dear Ms. Cockram: JONATHAN E. CRAFT Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk This is to advise you that Philip H. Lemon and Mike Woolwine have qualified as members of the Board of Zoning Appeals, for terms ending December 31 , 2012. Sincerely, ~ m.IY)'!hJ Stephanie M. Moon, CMC City Clerk SMM:ew L:\CLERK\DA T A \CKSM 1\Committee.Terms\Board of Zoning Appeals\Philip Lemon and Mike Woolwine Qualification Letter.doc Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Philip H. Lemon, do solemnly affirm that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Board of Zoning Appeals, for a term ending December 31, 2012, according to the best of my ability (So help me God). 7~. ~\ - ~ VV1/D~ Subscribed and sworn to before me this ~ay of ~01 D. BRENDA S. HAMILTON, CL K F THE CIRCUIT COURT L\CLERK\DAT A\CKSM I \Committee.Terms\Board of Zoning Appeals\Philip Lemon reap)XJintment let.doc Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Mike Woolwine, do solemnly affirm that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Board of Zoning Appeals, for a term ending December 31, . 2012, according to the best of my ability (So help me God). J ~~uJ - , ~ Subscribed and sworn to before me this Ii: day of ~ 2010. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT , DEPUTY CLERK K:\Committee.Terms\Board of Zoning Appeals\Mike Woolwine appointment let.doc c. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: cler k@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk February 24, 2010 Mr. Michael D.Wray 1712 Malvern Road, S. W. . Roanoke, Virginia 24015 Dear Mr. Wray: A communication from the City Clerk advising of your resignation as member.of the Youth Services Citizen Board, was before the Council of the City of Roanoke at a regular meeting held on Tuesday, February 16,2010. The Members of City Council requested that I express sincere appreciation for your service to the City of Roanoke as a member of the Youth Services Citizen Board from September 15, 2008 to February 16, 2010. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your years of service. Sincerely, ~an.lYJO~ Stephanie M. Moon, CMC City Clerk SMM:ew Enclosu re pc: Sherman P. Lea, Jr., Chair, Youth Services Citizen Board,' 3 773 Norway Avenue, N. W., Roanoke, Virginia 24017 Jonathan E. Craft, Deputy City Clerk ~ :j 0 ~ ~ 0 t: CIj Z - < ~ 0 ~ 0 N ~~ ~ ~ ~ 0 -0 ~ ffi~ < ~oo e::: .>-; ~ ~ < iZ)0 U 00 0 ~ ~~~s e::: ue::: ~ 0 :I:z ~O ~ ~~ ~~v)N ~ ~O ~ ~ ~ ~ -v:S O~ ~ Cl . obe:::- P-.t: < ~. ~ e:::u~~ ~ Ou ~ ~iZ) ~ 0 ~~ ~ ~ ~~~o ~. ~~ 0 ~ ~ ~~te::: < tI:) .~ >~P=l 0 ~o ~ ~ <ffiiZ)~ iZ)~ ~ u iZ)iZ)=So :I: ~o < 0;. ~ <:I:O~ ~ o~ U ~ ~fi: ~ ~~ N ~ 0 00 ~ 0 fa Zz ~ ~ O~ ~ :I: ~ - ~ ~ .~ ~ 0 <;1 U 0 0 u ~ . . , ~ 0 ~ ~ ~ ~ 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 February 16, 2010 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 to Schedule a Public Hearing for the Conveyance of City-Owned Property Backg rou nd: 220 Church, LLC, a Virginia limited liability company, has made a proposal to acquire The Commonwealth Building located at 220 Church Avenue, S.W. (Tax Map Number 1012103) which is approximately 1.4 acres and contains a building of approximately 81,000 square feet of space and 30 parking spaces. 220 Church, LLC's offer to purchase the property is $3,650,000. A contract has been developed which will convey the property to 220 Church LLC under certain terms, conditions, and due diligence obligations of the buyer prior to the real estate closing. A public hearing is required prior to City Council authorizing the execution of the contract for the conveyance of this City-owned property. Recommended Action: Authorize the scheduling of a public hearing on March 1, 2010, at 2:00 p.m., to consider the conveyance of the aforementioned property. Respectfully submitted, Darlene L. Burcham City Manager Honorable Mayor and Members of City Council February 16, 2010 Pag e 2 DLB:c1t 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 Rob Ledger, Economic Development Manager {)1C IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of February, 2010. 'i,No. 38721-021610. A RESOLUTION accepting the Western Virginia Workforce Development Board Workforce Investment Act grant of $1 0,000, and authorizing the City Manager to execute the requisite documents necessary to accept the funding. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Western Virgilia Workforce Development Board Workforce Investment Act grant in the amount of$lO,OOO, with no local match, for certain WIA clienfpopulations, for Fiscal Year 2010, to be used during the period of July 1, 2009 through June 30, 2010, as more particularly set out in the City Manager's letter dated February 16, 2010, to City Council, is hereby ACCEPTED. 2. The City Manager is authorized to execute and file, on behalf of the City, any documents required to accept such grant, in a form approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the acceptance of the foregoing grant. ATTEST: ,,-: ,- .....~ fYI. M~ ,'~, City Clerk. l ~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of February, 2010. No..~8122-021610.. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Workforce Investment Act FY1 0 Local Coordination Grant, amending and reordaining certain sections of the 2009~201 0 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 Food Business Meals and Travel Supplies Contractual Services Revenues WIA Local Coordination Grant FY10 35-633-2365-2060 35-633-2365-2144 35-633-2365-8055 35-633-2365-8057 35-633-2365-2365 $ 2,625 25 1,850 5,500 10,000 Pursuant to the provisions of Section 12 of the City Charter,1 the second reading . of this ordinance by title is hereby dispensed with. ATTEST: ~. fY1. tvl (I""" ::: 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 February 16, 2010 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Honorable.David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Funding for Western Virginia Workforce Development Board Work-Force Investment Act (WIA) Programs-Local Coordination Grant Background: The City of Roanoke is the grant recipient for Workforce Investment Act (WIA) funding, thus, City Council must appropriate the funding for all grants and other monies received in order for the Western Virginia Workforce Development Board to administer WIA programs. The Western Virginia Workforce Development Board administers the federally funded Workforce Investment Act (WIA) for Area 3, which encompasses the counties of Alleghany, Botetourt, Craig, Franklin and Roanoke, and the cities of Covington, Roanoke, and Salem. WIA funding is for four primary client populations: . Dislocated workers who have been laid off from employment through no fault of their own; . Economically disadvantaged individuals as determined by household income gUidelines defined by the U.S. Department of Labor; . Youth who are economically disadvantaged, or who have other barriers to becoming successfully employed adults; and . Businesses in need of employment and job training services. Honorable Mayor and Members of City Council February 16, 2010 Page 2 The Western Virginia Workforce Development Board has received a Notice of Obligation (NOO), from the Virginia Community Callege System, allocating $10,000 for Local Coordination far Fiscal Year 2010 Uuly 1, 2009 - June'30, 2010) Consideratians: . Program Operations - Existing activities will continue and planned programs will be implemented. . Funding - Funds are available from the Grantor agency and other s.ources as indicated, at no additianal cast to the City. Recommendations: Accept the Western Virginia Workforce Development Board Workforce Investment Act funding of $10,000 for Fiscal Year 2010. Adopt the accompanying budget ardinance to establish a revenue estimate in the amount of $10,000 and to. appropriate the same amount in accaunts to. be established in the Grant Fund by the Directar of Finance. (Appropriatians areas fallo~s: $5,500 contract services, $1,850 materials, $2,625 Food, $25 Travel). Respectfully submitted, Darlene L. B rcham City Manager c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director of Management and Budget R. Brian Townsend, Assistant City Manager for Community Development Jane R. Conlin, Director of Human Services CM 10-00020 : ')',7';:~:~'!i ',oj ~',\ ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of February, 2010. No. 38723~21610. A RESOLUTION supporting and authorizing the City's application for a Bicycle Friendly Community award and authorizing the City Manager to execute all necessary and appropriate documents in connection with such application. WHEREAS, the Bicycle Friendly Community Campaign is an awards program . I . administered by the League of American Bicyclists that recognizes municipalities as Bicycle Friendly Communities for actively supporting bicycling, providing safe accommodation for bicyclists, and encouraging residents to bike for transportation and recreation; WHEREAS, this initiative is compatible with the City's interests and goals related to multimodal transportation and recreation; and WHEREAS, designation as a Bicycle Friendly Community will improve the City's ability to advance its bicycling programs, activities, and facilities. THEREFORE BE IT RESOLVED by the Council of the City of Roanoke that City Council supports the designation of the City as a Bicycle Friendly Community, and that the City Manager is hereby authorized, for and on behalf oft)le City, to make application for such designation and request feedback from the League of American Bicyclists about how to make the City more bicycle friendly and to execute on behalf of the City of Roanoke all necessary and appropriate documents in connection with such application. , ' ATTEST: ..~YniYJ~ City Clerk. L 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 February 16, 2010 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: Bicycle Friendly Community Designation Application The Bicycle Friendly Community Campaign is an awards program administered by the League of American Bicyclists. The goals of the program include assisting communities to become more bicycle friendly and recognizing those communities that have programs to provide safe accommodation for bicycling and encourage residents to bike for transportation and recreation. This program offers awards of national recognition. Since 2003, 281 communities have applied for designation and 124 have been designated nationwide. An award of bronze, silver, gold, or platinum is made for four years to communities that have made measurable efforts to actively support bicycling. Arlington, Alexandria and Charlottesville are the only Virginia communities to be recognized. The City received an Honorable Mention from the League of American Bicyclists in response to its first application in 2008. This application, which has been prepared by the City's Bicycle Advisory Committee, explains progress that the City has made in support of bicycling, and addresses recommendations made by the League for achieving designation. The application will include a resolution adopted by City Council. There is no cost to make the application, nor will additional costs be incurred to maintain the certification if it is given. Honorable Mayor and Members of City Council February 16, 2010 Pa~e 2 Considerations: Benefits of designation as a Bicycle Friendly Community include: · An Awards Ceremony presented by the League of American Bicyclists · A Bicycle Friendly Community road sign · A formal press announcement · A community profile and inclusion on the list of awarded cities posted on the website of the League of American Bicyclists. The City's current level of activities and infrastructure meet the eligibility requirements for the application, and no additional programs or initiatives are needed to qualify for consideration of a designation. Recommended Action: Approve the attached resolution supporting Roanoke's designation as a Bicycle Friendly Community and authorize the City Manager to execute on behalf of the City all documents related to the application for such designation. Respectfully submitted, Darlene L. Burcham 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 Thomas N. Carr, Director, Planning Building and Development CM 10-00037 ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of February. ?010. No. 38724-021610. AN ORDINANCE to appropriate funding received from the Assistance to Firefighters Grant to the Department of Technology Public Safety Radio project, amending and reordaining certain sections of the 2009-2010 Department of Technology 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 Department of Technology Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from Federal Grant Funds 13-430-9925-9002 $ 32,292 Revenues Digital Radio Technology 13-430-9925-9924 32,292 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. , h1 Yv1N.J City CI~jl<' --: ~ 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 February 16, 2010 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: Revenue Adjustments for Digital Radio Technology Deployment Background: The City's Fire/EMS received an 'Assistance to Firefighters' grant funding in FY 2009 in the amount of $792,000 for the purpose of purchasing and deploying new digital mobile and portable radio equipment. Deploying the digital radio equipment requires software programming and the replacement of analog radios with new digital radio units in all Fire Department vehicle apparatus. Equipment installation costs are deemed an allowable expense as per grant guidelines. The City's Radio Technology Division staff performed the tasks associated with the programming and installation of the mobile equipment. The standard shop rate of $65.00 per hour was used to calculate the cost of installation. Radio Technology staff began programming and installation tasks in May 2009 and completed in November 2009. Hours expended on this project equaled 621 and at $65.00 per hour totaled $40,365. The grant allows for 80%, or $32,292 of the total amount of charges. Honorable Mayor and Members of City Council February 16, 2010 Page 2 Co"nsiderations: City Council action is needed to formally appropriate the funds that will be paid from the grant to the Department of Technology for the installation of the radios. Recommended Action: Adopt the accompanying budget ordinance authorizing the Director of Finance to establish a revenue estimate in the amount of $32,292 in the Technology Fund and appropriate funding in the same amount to the Public Safety Radio project account 13-430-9925-9002. Respectfully submitted, Darlene L. Burcham City Manager DLB: EL c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance James Grigsby, Assistant City Manager for Operations Sherman M. Stovall, Director of Management and Budget Roy M. Mentkow, Director of Technology '- CM 10-00034 I . . . I. :. .: ~l 9# IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of February, 2010. No. 38725-021610. AN ORDINANCE to appropriate funding from the Virginia Department of Transportation and to transfer funding from the Comprehensive Greenway Trail project to the Roanoke River Greenway/Tinker Creek Bridge project, amending and reordaining certain sections of the 2009-2010 Capital Projects Fund Appropriations and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2009-2010 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from General Revenue Appropriated from State Grant Funds Appropriated from General Revenue 08-620-9200-9003 08-620-9200-9007 08-620-9753-9003 $ 43,750 175,000 ( 43,750) Revenues Roanoke River Greenway - TEA21 08-620-9200-9200 . 175,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ~ .m. ~ City Clerk. rve 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 February 16, 2010 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Federal Transportation Enhancement Grant Funds: Roanoke River Greenway Background: As managed through the Virginia Department of Transportation, the Federal Transportation Enhancement Fund program is a reimbursable grant opportunity established for the purposes of providing for facilities and amenities that promote alternate modes of transportation to include greenway trails and trail- related facilities. Since 2002, the Department of Parks and Recreation in concert with the Regional Greenways Commission has been successful in obtaining $669,000 in federal enhancement awards for the Roanoke River Greenway trail project. The City was previously awarded an additional $175,000, bringing the total for this project to $844,000, with a required matching component of $43,750 from Greenway Capital funds. Funding is available in the Comprehensive Greenway account (08-620-9753). Considerations: These funds will be coupled with our previously awarded enhancement funds and utilized for the design and construction of the connection between the Roanoke River and Tinker Creek Greenway corridors, under federal project number EN03-128-129, PEl 01, C501 (UPC 72180). Honorable Mayor and Members of City Council February 16, 2010 Page 2 Recommended Action: Adopt the accompanying budget ordinance to establish a revenue estimate in the Capital Projects Fund in the amount of $175,000 and appropriate funding in the same amount to the Roanoke River Greenway/Tinker Creek Bridge project account (08-620-9200). The budget ordinance will also transfer $43,750 for the City's match from the Comprehensive Greenway Account (08-620-9753) to this same account. Respectfully submitted, Darlene L. B cham City Manager Attachments 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 Sherman M. Stovall, Director of Management and Budget Steven C. Buschor, Director of Parks and Recreation CM10-00028 r.~ ,:1, ~.~ -: I.! ~i : : :::.,' p~c IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of February, 2010. No. 38726-021610. AN ORDINANCE authorizing the City Manager and City Clerk to execute and attest, respectively, Amendment No. One to the Deeds of Restriction for the property within the Roanoke Centre for Industry and Technology, 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 Amendment No. One to the Deeds of Restriction for the Roanoke Centre for.Industry and Technology, applicable to property identified as Tax Map Nos. 7210103A, 7210103B, 7210106, 7210101, 7210107, 7280101, 7230102, 7230105, 7240104, 7240101, 7240103, 7240104, 7230101, 7280104, 7230102, 7230101, 7210103, 7230108, 7240105, 7280102, 7230104, 7230103, 7160102, 7200106, and 7320103, located in the City of Roanoke, by amending Section 6(e) of the restrictive covenants to increase the lot coverage ratio from 60% to 70% for all lots in the park, in order that the property owners of businesses at RCIT can expand their on-site parking and/or facility, as more particularly set forth in the City Manager's letter to this Council d8;ted February 16,2010. 2. All documents necessary for this Amendment shall be in a form approved by the City Attorney. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: .~hJ.m~~ CitY<;,lerk~ . ,,'": l , I '. :-' .\, 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 February 16, 2010 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Honorable Mayor and Members of City Council: Subject: Amendment to Restrictive Covenants at RClT: Increase Lot Coverage Ratio Background: When the City of Roanoke developed the Roanoke Centre for Industry and Technology (RClT) in the 1980's, a set of Restrictive Covenants was imposed by deed on all property in the park that governed the resulting density, composition, and type of industrial development that could take place within the park. Section 6(e) of the Restrictive Covenants requires that buildings and parking lots cover no more than 60% of any development site. More than one business at RClT wishes to expan,d its on-site parking and/or facility to an extent greater than the Restrictive Covenants allow. In order to facilitate these expansions comprehensively, Section 6(e) needs to be amended. The proposed amendment would allow a lot coverage ratio increase of 10%. By amending Section 6(e) to increase lot coverage to 70 % for all lots in the park, businesses at RClT could expand their on-site parking and/or facility without having to apply for individual waivers. Honorable Mayor and Members of City COuncil February 16, 2010 Page 2 Consideration: The Restrictive Covenants allow specific requirements to be waived, released, rescinded, modified, altered or amended by the City at the request and consent of owners of land or lessees of "land of five or more years which comprise more than fifty percent (50%) of the acreage in the park, excluding land still owned by the City. The City has received the requisite number of consent forms for the City to increase the. lot coverage limitation from 60% to 70%. Amending the lot coverage ratio will provide for more efficient future use of land in the park, and facilitate future expansion of existing businesses. Recommended Action: Approve a lot coverage ratio increase of 10% to allow 70% lot coverage for development in the Roanoke Centre for Industry and T~chnology. Adopt the accompanying measure authorizing the City Manager to execute the requested amendment to the deed of restriction; such amendment to be approved as to form by the City Attorney. Respectfully submitted, Darlene L. Bur ham City Manager DLB:dc c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Asst. City Manager for Community Development Christopher Chittum, Planning Administrator Robert Ledger, Economic Development Manager CM 10-00029 .Exemption claimed: City of Roanoke, Virginia, is exempted from recordation and Grantor's taxes and fees pursuant to SS58.1-811A(3), (C)(4), Code of Virginia. Prepared by the Office of City Attorney Official Tax Nos. 7210103A, 7210103B, 7210106, 7210101, 7210107, 7280101, 7230102, 7230105, 7240104, 7240101 , 7240103, 7240104, 7230101, 7280104, 7230102, 7230101, 7210103 ,7230108, 7240105, 7280102, 7230104, 7230103, 7160102, 7200106, and 7320103 Grantor: City of Roanoke, Virginia Grantee: City of Roanoke, Virginia AMENDMENT NO . ONE TO THE DEEDS OF RESTRICTION FOR THE ROANOKE CENTRE FOR INDUSTRY AND TECHNOLOGY THIS AMENDMENT NO. ONE TO THE DEEDS OF RESTRICTION, dated December 5, 1983, and April 2, 1992, made and entered into this _ day of ,2010, by the CITY OF ROANOKE, VIRGINIA, a municipal corporation organized and existing under the laws of the Commonwealth of Virginia (the "City") (Grantor and Grantee), WIT N E SSE T H: WHEREAS, the City previously acquired certain parcels of property, collectively known as the Roanoke Centre for Industry and Technology ("RCIT"), as described by instruments on record in the Clerk's Office of the Circuit Court for the City of Roanoke in Deed Book 1493, Page 833, and in Map Book 1, Pages 1124, 1125;~ WHEREAS, such land was subsequently divided into smaller tracts of land, some of which were then sold or leased to various businesses by the City; WHEREAS, by Deeds of Restriction dated December 5, 1983, and April 2, 1992, 1 (collectively the "Restrictive Covenants"), recorded in the Office ofthe Clerk ofthe Circuit Court of the City of Roanoke, Virginia, in Deed Book 1495, Page 1797, and Deed Book 1656, Page 00869, respectively, prior to sale or lease to subsequent purchasers thereto, the City imposed the Restrictive Covenants on the tracts of the land which constitute RCIT; WHEREAS, Section 6( e) ofthe Restrictive Covenants provides that to provide for adequate space for off-street parking, buildings, structures and parking areas shall not cover more than sixty percent (60%) of the site or lot; WHEREAS, Section 13 of the Restrictive Covenants further provides that such Covenants may be waived, released, rescinded, modified, altered or amended by the City at the request of and with the consent of the owners or lessees from the City of property for terms of five or more years, of more than fifty percent, in area, of the lots or sites within RCIT that have been sold or leased by the City for development; WHEREAS, as of the date of this Deed of Release, the total acreage of property that has been sold by the City for development at RCIT, or that is being leased from the City with lease terms of five or more years, is approximately 221.7167 acres; WHEREAS, more than fifty percent in area, of the owners of property, and/or lessees leasing property from the City with terms offive or more years, have requested and consented to Section 6 ( e) of the Restrictive Covenants being. amended to provide that the lot coverage of building, parking areas, and structures not exceed seventy percent (70%) of each lot, as evidenced by the statements contained in the attached Exhibits A-I through A-4, which statements represent approximately 55 percent of the 221.7167 acres referred to above and which are hereby incorporated in and made a part of this Deed of Release; and WHEREAS, the City desires that Section 6(e) of the Restrictive Covenants be amended in 2 such manner. NOW, THEREFORE, THAT FOR AND IN CONSIDERATION OF the sum of TEN AND NO/lOO DOLLARS ($10.00), and other good and valuable consideration, the receipt, and sufficiency of which is hereby acknowledged, the City, pursuant to the terms and authority provided by the Restrictive Covenants, does hereby AMEND Section 6(e) of the Restrictive Covenants, as to all real estate located within the Roanoke Centre for Industry and Technology and bearing Tax Map Nos. 7210103,(A and B), 7210106, 7210107, 7210101,7280101,7230102,7230105,7240104,7240101 and 72401 03,7240104,7230101, 7280104,7230102,7230101,7210103,7230108, 7240105, 7280102,7230104,7230103, 7160102, 7200106, and 7320103 to read and provide to-wit: (e) Site coverage ratio. To ensure the attractiveness of the Centre and to provide for adequate space for off-street parking, buildings, structures and parking areas shall not cover more than seventy percent (70%) of the site or lot. The Restrictive Covenants, except as noted above, and except as such Restrictive Covenants may have been previously waived, or modified as to specific parcels of property within RCIT. shall and do remain in effect, EXECUTED at Roanoke, Virginia, this _ day of ,2010, as authorized by Ordinance No. adopted by the Council of the City of Roanoke on WITNESS the following signatures and seals: 3 GRANTOR! GRANTEE CITY OF RQANOKE VIRGINIA ATTEST: By: (SEAL) , City Manager Stephanie M. Moon, CMC COMMONWEALTH OF VIRGINIA s S To-wit: S CITY OF ROANOKE The foregoing instrument was acknowledged before me this _day of 2010 by , City Manager of the City of Roanoke, for and on behalf of the City. My Commission expires: Notary Public Registration No. K:\David\Real Estate\D-Deed of Release-RCIT.doc 4 REQUEST AND CONSENT TO AMENDMENT OF RESTRICTIVE COVENANTS ON PROPERTY LOCATED IN THE ROANOKE CENTRE FOR INDUSTRY AND TECHNOLOGY BEARING TAX MAP NOS. 7210103A, 7210103B,721010~7210101,7210107,7280101j7230102,723010~7240104, 7240101 and 7240103 ., I, the undersigned, having authority to request, consent, and certify on behalf of Cooper Industries, Inc., hereby state that Cooper Industries Inc. is an owner of property, or is leasing property from the City of Roanoke, Virginia, with a lease term of five or more years, located within the Roanoke Centre for Industry and Technology ("RCIT") , which property bearsTax Map No. 7210103A & 7210103B, and comprising 48.2585 acres, more or less, and request that Section 6( e) of the Deeds of Restriction at RCIT, which require that the lot coverage of building, parking lot, and .otherimprovements not exceed sixty percent (60%) of each lot, on record in the Clerk's Office for the Circuit Court for the City of Roanoke Virginia, in Book 1495, Page 1797, and Book 1656 Page 00869, respectively, be amended to read and provide that the lot coverage of buildings, parking lots and other improvements on each lot at RCIT not exceed seventy percent (70%) of each lot. The amendment shall apply to each Tot at RCITand which Tax Map Nos. 7210103A, 7210103B, 7210106, 7210101, 7210107, 7280101, 7230102, 7230105, 7240104, 7240101 and 7240103, Cooper Industries, Inc. further consents and agrees to the foregoing proposed Deed of Amendment and Release dated to which this Statement is made an attachment. Cooper Industries Inc. P.O. Box 4446 Houston, TX 77210 By ML.~~ Printed Name and Title: ~~ s: {!124~/ 74o'/"4-~I1tt4r~--~ ~, . "\\"""". ,\" \~I OJ! 'I, .........'\\~~~~...:.~/b I,,;.~ ~ ~., NOTARY'.. ~ ~ f ~....'. PUBLIC "'~~ = * ; REG. #7242873 : : : 0: MY COMMISSION : * = ... ~-'. !JY.P'PfaS : ;;S .. . ~~"'f,; '31 ao:~."~~ The foregoing instrument was acknowledged before me this ~ay ""'~~;;';'.4'iTHQ~~~"''''''' f Dc h ~ '" \'\\ o io -e y-- ,2009 by Iitkt.S. c,,<?wbd, the~C""llf/Mf,/#qlnfeW1l-u~ ~~(l'lii,vfor and on "'.fII'" behalf ofthe company . CITY OF .R oono}-e COMMONWEALTH/ STATE OF VI(yln/1 9 9 To-wit: 9 My Commission expires: flUSli.ri 3/1 Jo/3 <-~ 9~ ~otary Public I, (j;~.5: (!;u,..,()..J ~DO Not Accept) the Waiver to the Restrictive Covenants. ~ {!e,a.J'4' ~#:M~ ~~ (!, Business Name Ad., Jl. Signature of Legal Repre TITLE: ~~;/$"fqt-. ~~ "....~ DATE: ~~..s-~7 , .. . - _.- ..... REQUEST AND CONSENT TO AMENDMENT NO. ONE OF RESTRICTIVE COVENANTS ON PROPERTY LOCATED AT THE ROANOKE CENTRE FOR INDUSTRY AND TECHNOLOGY BEARING TAX MAP NOS. 7210103, (A and B), 7210106, 7210107, 7210101, 7280101, 7230102, 7230105, 7240104, 7240101 7240103, 7240104,7230101, 7280104, 7230102, 7230101, 7210103,7230,108, 7240105, 7280102, 7230104, 7230103, 7160102, 7200106, and 7320103 I, the undersigned, having authority to request, consent, and certify on behalf , , Of SEMCO Duct & Acoustical Products Inc., hereby state that SEMCO Duct & Acoustical Products Inc. is an owner of property, or is leasing property from the City of Roanoke, Virginia, with a lease term of five or more years, located within the Roanoke Centre for Industry and ("RCITn) and Technology, which property bears Tax Map No. 7230105, and comprising 18.3649 acres, more or less, that Section 6(e) of the Deeds of Restriction at RCIT, which require that the lot coverage of building, parking lot, and other improvements not exceed sixty percent (60%) of each lot, on record in the Clerk's Office for the Circuit Court for the. City of Roanoke Virginia, in Book 1495, Page 1797, and Book 1656 Page 00869, respectively, be amended to read and provide that the lot coverage of buildings, parking lots and other improvements on each lot at RCIT not exceed seventy percent (70%) of each lot. The amendment shall apply to each lot at RCIT and comprises Tax Map Nos. 7210103, (A and B), 7210106, 7210107, 7210101, 7280101, 7230102, 7230105, 7240104, 7240101 and 7240103, 7240104, 7230101, 72380104, 7230102, 7230101, 7210103,7230108,7240105,7280102,7230103, 7160102, 7200106, and 7320103. SEMCO Duct & Acoustical Products Ine. further consents and agrees to the foregoing proposed Amendment No. One to the Deeds of Restrictions dated to which this Statement is made an attachment. . . . J.'.... <:J ., . SEMCO Duct & Acoustical Products Inc. 1800 E. Pointe Drive Columbia, MO 65201 ~rU h&ff)~ :n= By Printed Name and Title: "i! 0 6 <>.L T 1. ~ 1.1 ~~ .:z J/ia, (.7""$'( .~-r- rap:%) COMMONWEAL "T'T~F -~\s9ij)1\ ~ (\r-I\ . . l.~ ~. To-wit: CITY OF lM1Lmn\ C\ ~ ing instrument was acknowledged before me this ~y of 2009 by t~. ~t'1 the vr 4 LfD . , for and on behalf 0 the company KEllY J.l<IR1<lAND Notary Public. Stale 01 MisSOUR 2 My CommisSion Expires August 2, 201 Boone Gellllly CommisSion 108379117 My Commission expires: Notary Public ", ::; f. ~J?IY"O O~",T ~o 4C6..rl.~~ I 6~ fl.b,)""Ts; ~Nc... ~f~. . I, 13> ' ,g Do Not Accept) the Waiver to the Restr\ictive Covenants. ~ SGma> D l/~ T A-1J!J /fcoq,&.If ~ 1i"O&kc~ 12"; G. . Business Name. LJ ,'""I. Signature of Legal Representative 72~z..~ TITLE: 1/' -rCn 9/-8/~ 1 DATE: REQUEST AND CONSENT TO AMENDMENT NO. ONE OF RESTRICTIVE COVENANTS ON PROPERTY LOCATED AT THE ROANOKE CENTRE FOR INDUSTRY AND TECHNOLOGY BEARING TAX MAP NOS. 7210103, (A and B), 7210106, 7210107, 7210101, 7280101, 7230102, 7230105, 7240104, 7240101 7240103, 7240104, 7230101, 7280104, 7230102, 7230101, 7210103,7230108, 7240105,7280102,7230104,7230103,7160102, 7200106, and 7320103 I, the undersigned, having authority to request, consent, and certify on behalf Of Advance Auto Parts Inc., hereby state that Advance Auto Parts Inc. is an owner of property, or is leasing property from the City of Roanoke, Virginia, with a lease term of five or more years, located within the Roanoke Centre for Industry and ("RCIT") and Technology, which property bears Tax Map No. 7240103, and comprising 28.1022 acres, more or less, that Section 6( e) of the Deeds of Restriction at RCIT, which require that the lot coverage of bUilding, parking lot, and other improvements not exceed sixty percent (60%) of each lot, on record in the Clerk's Office for the Circuit Court for the City of Roanoke Virginia, in Book 1495, Page 1797, and Book 1656 Page 00869, respectively, be amended to read and provide that the lot coverage of buildings, parking lots and other improvements on each lot at RCIT not exceed - seventy percent (70%) of each lot. The amendment shall apply to each lot at RCIT and comprises Tax Map Nos. 7210103, (A and B), 7210106, 7210107, 7210101, 7280101, 7230102, 7230105, 7240104, 7240101 and 7240103, 7240104, 7230101, 72380104, 7230102, 7230101, 7210103, 7230108, 7240105, 7280102, 7230103, 7160102, 7200106, and 7320103. Advance Auto Parts Ine. further consents and agrees to the foregoing proposed Amendment No. One to the Deeds of Restrictions dated to which this Statement is made an attachment. Nicholas Fi. Taubman Advance Auto Parts Inc. P.o. Box 21825 Roanoke, VA 240"18 (" BY~~ +- I~ Printed Name and Title: '!tlu,ff)Cff _Ie TMIr1~ ( D /p;\eL OF h'.v.-- '.-J~ * * COMMONWEALTH/ STATE CITY OF~ !_.A...J To-wit: '71 The foregoing instrument W<lS acknowledged before me this dy o~~--2- 4. . .....::.' 2009 by~_-,-.-----, the_ (J)~ . for and Oil behalf of the comp<lny v {-<-1 () ')...;,~. I _ _ ~ -- My Commission exp;,...,Af- J"L oZOl3 _~_.,. c .. . __~~_~~ ;t.... ~ -~~ --." ,........... .", T 'I ", '(;.~E. . /(/. I" .... /Lv........ /tiC ..., ~ ~';.o-RY Pt.... ~ ~ : .. 0 ~...1> ~ = :< MY n~ ~ : ("): COMMISSION: : : 0 ~ NUMBER : $ = ~ ~.. 227728 .. iff : ~ .'U .... .... c.; .,:- '.., ~~"!..'.".."c. -J.{f ..... I,~. "Y~ALTH O~ ...... I" ", ,'.......,... NOlary Public .,' ", \-.' 'I '-, -"J. -Pt:'." , ",\ (I ",,". t'., I, NILt/r9l.1f) FiA v4M~ ,~O Not !'.eS8J3t) the Waiver to the Restrictive Covenants. f)uJa\e~ Business Name .~~ . ~. I~ ignature of Legal Representative TITLE: Or.JIllelL DATE: 'fJDl/e#';\ ,1/i,( 1-i '~c1f Oct-08-2009 01:19 PM First Industrial Realty Trust 3129220473 3/10 REQUEST AND CONSENT TO AMEND.MENT NO. ONE OF RESTRICTIVE COVENAJ.'1TS ON PROPERTY LOCKI'ED AT THE ROANOKE CENTRE FOR INDUSTRY _>\.ND TECHNOLOGY BEARING TAX 1vrAP NOS. 7210103, (A and B), 7210106, 7210107, 7210101, 7280101, 7230102, 7230105, 7240104, 7240101 7240'103, 7240104, 7230101, 7280104, 7230102, 7230101,7210103,7230108. 7240105,7280102, 7230104,7230"103,7160102, 7200106. and 7320103 I, the undersigned, baving authority to J:eguest, consent, and certify on behalf Of FR NLF IT, LLC, hereby state that FR NLF II, LLC is I\n owner of propero/, o:tis leasing property from tlle Gty of Roanoke, Virginia, with a l~se term of five OJ: mote yeats, located wit.hin the Roa.noke Centre for Tndustry and ("ReIT") and Tec;}l11ology, which propert)' bears Tax Map No- 7210101, and comprising 27.4430 acres. :more or less, that Sectiou 6(e) of the Deeds of Restriction atRClT, which Lequire tl:a:t the lot coverage ofbuilding, parking lot, and othe.r imp.l:ovemellts not exceed sixty percent (60%) of each lot, on record in the Clexk's Office Eorthe Circuit Coutt fox: the Cily of Roanoke Virginia, in Book 1495, Page 1797, and Book 1656 Page 00869,; respecriyely, be amended to read and provide. that the Jot cove.J:~ge. ofbuildiogs, parking lots and other improvements on each lot at Ren not exceed seventy percent (70%) of each Jot. The amendment shall apply to each lot at ReIT and cort:lpnses Ta.\: Map Nos. 7210103, (A and B), 7210106, 7210107, 7210101, 7280101, 7230102, 7230105,7240'104,7240101 and 7240103, 7240104, 7230101, 72380104, 7230102~ 7230101.7210103,7230108,7240105.7280102,7230103, 7160102, n00106,ancl 1320103. FR NLF LJ, J.LC further consents and agtees to the foregoing proposed Amendment No. One to the Deeds ofRestcictions dated co which chis Statement is made an arracJU11cni:, Oct-08-2009 01:19 PM First Industrial Realty Trust 3129220473 '''. ." .;. ..., . .;B~r~;:; .' . ._.~-!f~" ~.' .~ :'~7:,;.~~..: ::~.;~t;':<3\;~~~?S~r~:~~.;-~:~;:: .., O:?':;~'7,:}}~~~7':::." . .M...';. -'..t~._'. Nlif.'fj;'j. DUO By ~." PdrifIId~..""'11IIc: ..~ . &,. w.1Dcrr 06&t ...:.... ~:-:.':'.~.. ~TII'STAU ~lJjlUjl. Jt . '-'I" ~..., crt'Ya:~ I. To-wit. -'*.ut-. : . . .. --. -, -"'"" :~" 4/10 '. '1 ~ ., ,.:,). . :.;;-~ . .1::.1....1- Oct-08~2009 01:20 PM First Industrial Realty Trust 3129220473 6/10 ...... I. Jeff Thomas . ~ De Net AGeept) the Waiver to the Restrictive Covenants. ~ FR NlF (I llC BusIness Name TITLE: Sf RtlOional DBii' .Officer DATE: 9-/7~ 2.oCq L .., '. ", City of Roanoke Comprehensive Annual Financial Report ; i ~ ' i : , . :, , : . : '- . . . ", . : ; ! : ! "Prese~tatiodtoS ityCpunc 1........ February 16, 2010 1,.....,.,_~_I~_r--...I~_ ' -. 'fro' ~t- _.}, ...__ ,c ,w',".A:i ~' _ '- .~- ,fM~ ..~m',%~~::,~-,~~ _ _ h'mr0f. - CAFR Contents ~ Financial statelnents ~ Footnotes ~ MD&A (Management's Discussion & Analysis) ~ Letter of Transmittal ~ Statistical tables ~ Auditors' opinions 1 '. / " 1~~t~~~1 ~'!~ !~iI!1f,l~ ~~!~~~~ ~~lfltt~;,~ Most Important Financial Statements ~ Governmental Funds (General, Debt, Grant, Capital) o Modified accrual accounting, focus on liquidity o Most similar to method used for budgeting o Balance Sheet - Exhibit C, P 50 o Stmt of Revenues, Expenditures.. ("Income Statement") - Exhibit E, P 52 ~ Proprietary Funds (Enterprise & Internal Service) o Accrual accounting as in private sector o Statement of Net Assets ("Balance Sheet") - Exhibit G, pp 54-55 o Stmt of Revenues, Expenses..("Income Statement") - Exhibit H, pp 56-57 o Statement of Cash Flows - Exhibit I, pp 58-59 1~_Ir==--~~_~""r-~ _ ...... .... ff~).wM'r'~f""~'~'" k _ ~;;,;~~@Wry<ol. _ _ _ ,m,.".,,<'tM4t', < '_ _ _ ~4*<l::A_ -'A-':!,,;'" _ W',ci:"-<>i->r,l'?~~", Enterprise Funds (CAFR Stmts pp 54-59) G The funds: o GRTC ("Valley Metro") - blended component unit - accounting records not kept by the City but included in our fund statements upon completion ofGRTC audit - owned by City, Council serves as Board of Directors o Civic Facilities Fund o Parking Fund o Market Building Fund 4 2 , y 1~~"'f!i,,".,,",.~I~~~_~~~~ L ..' ,::<'l~i",,;!,;,;,<'~"h;".- 811<, .....~r~~w:"';>;~''''' .... , ~g>~~':i~~'~'~>,r!,~":*,- ,._":~-:->'t'_'m l;~'!"! .: >:"J~_~>'l\<-;.m\_{;_~ Govemment- Wide Financial Statements ~ Statements that present the City as a whole, inclusive of School Board Component Unit ~ Full accrual accounting ~ Includes capital assets and debt not shown in fund financials ~ Statement of Net Assets ("Balance Sheet") o Exhibit A, page 47 o Exhibit D reconciles Governmental Activities from Exhibit A to Exhibit C to provide reader an understanding of changes ~ Statement of Activities o Exhibit B, pages 48-49 o Exhibit F reconciles Governmental Activities from Exhibit B to Exhibit E to provide reader an understanding of changes 1"..........-_1' __ ,:r_i'-!'i'y:cl<~ ',,~~n _ .~.'I'r----I't(M\'A.R Ir----~ r--~~ School Board Component Unit ~ A discretely presented component unit since legally separate ~ Included in City CAFR because Council appoints members of School Board and provides significant fiscal support ~ Consistent presentation for all School Boards in Virginia ~ Results reflected only on the two government- wide financials (Ex. A & B) ~ Certain footnote disclosure included 6 3 I '-l r-_1fI1~ Ir----~,~~_ ~\t'%;Wm!ffflC.;tl ~.~;~1!IJ Footnotes G Significant component of the CAFR G Pages 63 - 110 G Summary of Significant Accounting Policies G Deposits and Investments G Receivables G Capital Assets G Long Term Debt, Leases G Pensions and Other Post Retirement Benefits G Joint Ventures, Jointly Governed Organizations, Related Organizations ~. "~~Ji~ ~~~BtitIl'i I ~~II~~I Other CAFR Elements Narrative Components G MD&A - Management's Discussion and Analysis - pp 33-46 e Unaudited e Detailed discussion of trends and variances G Letter of Translnittal- pp 7-24 ClI Non financial .. Report of significant accomplishments 4 " ~~ ~~~~ lc:::::=",,~j;'""I ~._..:n ... ..'if,~I'~o/l!f!fl ~~tI,)1J!!!ii~ Independent Auditors' Opinions ~ An unqualified or "clean" (the best) opinion on the financial statelnents ~ Pages 31-32 G1 COlnpliance opinions will be released separately along with Schedule of Federal A wards 9 I~':tial!ll~ I~'~_I ~~~ ~!!IIId~'I\r~~ Statistical Tables G1 Last section of our CAFR G1 Twenty-three different tables G1 Wealth of infonnation covering a variety of areas G1 Financial trends, revenue capacity, debt capacity, demographic and econOlnic indicators, operating information ~ Ten year history in many of these tables 10 5 ., ,~ 1~_I~~.'I~_~I!~R"'I~_ M\' m . $1" ".__.' ,.' ~, _ "-'1"=:l"_~:-';:>'?'>'~~!~ ~!i:.' ':_':' _/ ::'~' l". _ ~~l{~;?': 'J:,?,*'f,~ , _ :{<:~j~{.l'l:-'('f~'(-'__" Audit Results - Fund Balances 2009 Unaudited 2009 Audited (9/8/09) Budget Stabilization $19,155,608 $19,155,608 Reserve Economic & COl\lmunit~' 3,959,606 3,959,606 Development Self-Insurance Reserve (390,248) .n5,306 General Fund Undesignated 2,043,245 1,657,703 School Fund Undesignated NA 2,106,167 II -j Questions and Discussion 6 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 JONATHAN E. CRAFf Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk February 17, 2010 Cindy H. Poulton, Clerk Roanoke City School Board Roanoke, Virginia Dear Ms. Poulton: I am enclosing copy of Budget Ordinance No. 38727-021610 transferring funding from the Roanoke Academy Improvements project to the Patrick Henry High School Project, and amending and reordaining certain sections of the 2009-2010 School Capital Projects Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanok.e at a regular meeting held on Tuesday, February 16, 2010, and is in full force and effect upon its passage. Sincerely, ~ m. i'YjO<hJ Stephanie M. Moon, CMC City Clerk pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director, Management and Budget Dr. Rita Bishop, Superintendent, Roanoke City Public Schools 96 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of February, 2010. No. 38727-021610. AN ORDI NANCE to transfer funding from the Roanoke Academy Improvements project to the. Patrick Henry High School project, amending and reordaining certain sections of the 2009-2010 School Capital Projects Fund Appropriations and dispensing with the second reading by titl.e of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2009-2010 School Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations, Appropriated from General Revenue Appropriated from General Revenue $ (120,000) 120,000 31-065-6058-9003 31-065-6066-9003 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. A TrEST: ~m.~~ City Clerk. February 16, 2010 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 February 9, 2010, the Board respectfully requests City Council approve the following appropriations: Revised Capital Appropriations Roanoke Academy Improvement Patrick Henry High School Total Net Change S -120,000 S 120,000 S 0 The School Board thanks you for your approval of the appropriation requests as submitted. Sincerely, ~.P~ Cindy H.}oulton, Clerk pc: William M. Hackworth Ann H. Shawver Rita D. Bishop Margaret Lindsey Darlene Burcham David B. Carson Curt Baker Yen Ha (w/details) p: 540-853-2381 f: 540-853-2951 P.O. Box 13145 Roanoke, VA 24031 www.rcps.info IlfIR fJrA ROANOKE CITY PUBLIC SCHOOLS Strong Students. Strong Schools. 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 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia REVISED APPROPRIATION REQUEST Transfer of Funds Pro'ect Account Revised Appropriation Amount D % Change of Total A ro riation Total $ 11,904,553.00 $ 11,784,553.00 $ (120,000.00) $ 53,883,964.00 $ 54,003,964.00 $ 120,000.00 $ 65,788,517.00 $ 65,788,517.00 $ -1.01 % 0.22% 31-060-6058-6896 Roanoke Academy Improvement 31-065-6066-6896 Patrick Henry High School 0.00% The following appropriation is a request to transfer excess funding from the Roanoke Academy Improvement project to the Patrick Henry High School project for the PH Senior Quad. The total financial impact will be zero. CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, SW, Suite 461 PO Box 1220 Roanoke, Virginia 24011-l220 Telephone: (540) 853-2821 Fax: (540) 853-6142 . JOHN W. BINGHAM, CPA Assistant Director of Finance ANN H. SHAWVER, CPA Director of Finance ANDREA F. TRENT Assistant Director of Finance February 16, 2010 Honorable Dav.id 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 February 9th meeting, the Board respectfully requested that City Council transfer remaining funding of $120,000 from the Roanoke Academy Improvement project to the Patrick Henry High School project. This funding will be used for the Patrick Henry Senior Quad. We recommend that you concur with this report of the School Board and adopt the attached budget ordinance to transfer funding as outlined. Sincerely, 1Qt)~ 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, ROiinoke City Public Schools Curtis Baker, Deputy Superintendent for Operations, Roanoke City Public Schools CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Aveuue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk February 17, 2010 Cindy H. Poulton, Clerk Roanoke City School Board Roanoke, Virginia Dear Ms. Poulton: I am enclosing copy of Budget Ordinance No. 38728-021610 appropriating funding from the Federal and Commonwealth governments, local grants, local match, and fees for various educational programs, and amending and reordaining certain sections of the 2009-201 o School Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, February 16, 2010, and is in full force and effect upon its passage. Sincerely, ~hI. rr-r~ Stephanie M. Moon, CMC City Clerk pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Sherman M. Stovall, Director, Management and Budget Dr. Rita Bishop, Superintendent, Roanoke City Public Schools '1~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of February, 2010. No. 38728-021610. AN ORDINANCE to appropriate funding from the Federal and Commonwealth governments, local grants, local match, and fees 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 Substitutes Teachers Counselor Director Supplemental Pay Clerical Custodial Retiree Health Credit Social Security VRS Health/Dental Group Life Insurance Social Security Retirement - City Health/Dental Temporary Help Service Fees Maintenance Service Contracts Purchased Services Mileage Travel: Conventions/Education Field Trips Utilities: Electrical Utilities: Heating Telecommunications Office Supplies Books & Subscriptions Educational & Recreational Supplies Other Operating Supplies Repair & Maintenance Supplies Capital: Machinery & Equipment ( Capital: Data Processing Equipment Debt Redemption of Principals Debt Interest Operating Supplies Educational & Recreational Supplies Purchased Services Evaluation Services Professional Maintenance Service ContractslWarranties . 302-180-0000-1170-313D-611 00-41 021-3-04 302-180-0000-1170-3130-61100-41121-3-04 302-180-0000-1170-3130-61210-41123-3-04 302-150-0000-1170-3130-61410-41114-3-04 302-180-0000-1170-3130-61100-41129-3-04 302-150-0000-1170-3130-61410-41151-3-04 302-250-0000-1170-3130-64200-41192-3-00 302-180-0000-1170-3130-61100-42200-3-04 302-180-0000-1170-3130-61100-42201-3-04 302-180-0000-1170-3130-61100-42202-3-04 302-180-0000-1170-3130-61100-42204-3-04 302-180-0000-1170-3130-61100-42205-3-04 302-250-0000-1170-3130-64200-42201-3-04 302-250~0000-1170-3130-64200-42203-3-04 302-250-0000-1170-3130-64200-42204-3-04 302-180-0000-1170-3130-61100-43321-3-04 302c 180-0000-1170-3130-61100-43332-3-04 302-180-0000-1170-3130-61100-43381-3-04 302-180-0000-1170-3130-61100-45551-3-04 302-18b-0000-1170c3130-61100-45554-3-04 302-180-0000-1170-3130-61100-45583-3-04 302-180-0000-1170-3130-64200-45511-3-04 302-180-0000-1170-3130-64200-45512 -3-04 302 -180-0000-1170-3130-64200-45523-3-04 302-180-0000-1170-3130-61100-46601-3-04 302-180-0000-1170-3130-61100-46613-3-04 302-180-0000-1170-3130-61100-46614-3-04 302-180-0000-1170-3130-61100-46615-3-04 302-180-0000-1170-3130-64200-46608-3-04 302-180-0000-1170-3130-61100-48821-3-04 302-280-0000-1170-3130-61100-48826-3-04 302-300-0000-1170-3130-67100-49901-3-04 302-300-0000-1170-3130-67100-49902-3-04 302-110-FLOW-0110-7610-642Oo-46615-2-01 302-110-FLOW-011O~7620-61100-46614-2-01 306-270-0000-0000-166S-681 00-43313-9-01 306-270-0000-0000-166S-681 00-43381-9-01 306-270-0000-0000-166S-681 00-43332-0-01 $ 412 716,743 44,323 91,087 16,705 34,169 21,984 8,187 61,868 113,199 94,008 9,010 1,525 1,707 6,170 1,200 5,258 8,500 2,500 8,000 2,500 49,500 14,266 1,000 5,000 25,400 52,000 3,000 2,000 95,643 5,400 193,500 115,272 4,500 4,700 3,000 58,925 149,261 / .. Technology Hardware Technology Software/Online Content New Capital Data Processing Equipment Teachers. Retiree Health Credit Social Security VRS Health/Dental Group Life Insurance Revenues State Revenue Participating School ~ivision Fees Local Match Private Foundation Grant Private Foundation Grant Federal Grant Receipts Federal Grant Receipts 306-270-0000-0000-166S-681 00-46650-0-01 306-270-0000-0000-166S-681 00-46640-0-01 306-270-0000-0000-166S-681 00-48826-0-01 307-110-0000-0000-910S-61100-41121-9-01 307-110-0000-0000-91 OS-611 00-42200-9-01 307-110-0000-0000-910S-61100-42201-9-01 307-110-0000-0000-91 OS-611 00-42202-9-01 307-110-0000-0000-91 OS-611 00-42204-9-01 307-110-0000-0000-91 OS-611 00-42205-9-01 302-000-0000-0000-3130-00000-32229-0-00 302-000-0000-0000-3130-00000-33802-0-00 302-000-0000-0000-3130-00000-34588-0-00 302-000-FLOW-0000-761 0-00000-33808-0-00 302-000-FLOW-0000-762 0-00000-33808-0-00. 306-000-0000-0000-166S-00000-38318-0-00 307 -000-0000-0000-91 OS-00000-38394-0-00 153,727 3,850 810,867 1 ,893,452 19,442 144,849 261,486 190,665 14,708 403,036 732,160 675,840 4,500 4,700 1,179,630 2,524,602 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. /Y). h-J tlOYJ City Clerk. February 16, 2010 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 February 9, 2010, the Board respectfully requests City Council approve the following appropriations: New Appropriations: Governor's School 2009-10 Total New Award $1,811,036 Lowe's Toolbox for Education Grant - Highland Park 2009-10 Lowe's Toolbox for Education Grant - Monterey 2009"10 ARRA Title II-D Enhancing Education Through Technology Competitive Grant 2009-10 ARRA State Stabi lization Funds 2009-10 $ $ 4,500 4,700 $1,179,630 $2,524,602 The School Board thanks you for your approval of the appropriation requests as submitted. Sincerely, ~.P~ Cindy ~ Poulton, Clerk pc: William M. Hackworth Ann H. Shawver Rita D. Bishop Margaret Lindsey Darlene Burcham David B. Carson Curt Baker Yen.Ha (w/details) p: 540-853-2381 f: 540-853-2951 P.O. Box 13145 Roanoke, VA 24031 www.rcps.info Il. ROANOKE CITY PUBLIC SCHOOLS Strong Students. Strong Schools. 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 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia NEW APPROPRIATION REQUEST Governor's School 2009-10 3130 Original Changes Final Exoense Descriotion Budqet Requested Budqet 302-180-0000-1170-313D-611 00-41 021-3-04 Substitutes 412 0 412 302-180-0000-1170-313D-61100-41121-3-04 Teachers 716,743 0 716,743 302-180-0000-1170-313D-61210-41123-3-04 Counselor 44,323 0 44,323 302-150-0000-1170-313D-61410-41114-3-04 Director 91,087 0 91,087 302-180-0000-1170-313D-61100-41129-3-04 Supplemental Pay 16,705 0 16,705 302-150-0000-1170-313D-61410-41151-3-04 Clerical 34,169 0 34,169 302-250-0000-1170-313D-64200-41192-3-00 Custodial 21,984 0 21,984 302-180-0000-1170-313D-61100-42200-3-04 Retiree Health Credit 8,187 0 8,187 302-180-0000-1170-313D-61100-42201-3-04 Social Security 61,868 0 61,868 302-180-0000-1170-313D-61100-42202-3-04 VRS 113,199 0 113,199 302-180-0000-1170-313D-61100-42204-3-04 Health/Dental 94,008 0 94,008 302-180-0000-1170-313D-61100-42205-3-04 Group Life Insurance 9,010 0 9.010 302-250-0000-1170-313D-64200-42201-3-04 Social Security 1,525 0 1,525 302-250-0000-1170-313D-64200-42203-3-04 Retirement - City 1,707 0 1,707 302-250-0000-1170-313D-64200-42204-3-04 HealthlDental 6,170 0 6,170 302-180-0000-1170-313D-61100-43321-3-04 Temporary Help Service Fees 1,200 0 1,200 302-180-0000-1170-313D-61100-43332-3-04 Maintenance Service Contracts 5,258 0 5,258 302-180-0000-1170-313D-61100-43381-3-04 Purchased Services 8,500 0 8,500 302-180-0000-1170-313D-61100-45551-3-04 Mileage 2,500 0 2,500 302-180-0000-1170-313D-61100-45554-3-04 Travel: Conventions/Education 8,000 0 8,000 302-180-0000-1170-313D-61100-45583-3-04 Field Trips 2,500 0 2,500 302-180-0000-1170-313D-64200-45511-3-04 Utilities: Electrical 49,500 0 49,500 302-180-0000-1170-313D-64200-45512-3-04 Utilities: Heating 14,266 0 14,266 302-180-0000-1170-313D-64200-45523-3-04 Telecom m unications 1,000 0 1,000 302-180-0000-1170-313D-61100-46601-3-04 Office Supplies 5,000 0 5,000 302-180-0000-1170-313D-61100-46613-3-04 Books & Subscriptions 25,400 0 25,400 302-180-0000-1170-313D-61100-46614-3-04 Educational & Recreational Supplies 52,000 0 52,000 302-180-0000-1170-313D-61100-46615-3-04 Other Operating Supplies 3,000 0 3,000 302-180-0000-1170-313D-64200-46608-3-04 Repair & Maintenance Supplies 2,000 0 2,000 302-180-0000-1170-313D-61100-48821-3-04 Capital: Machinery & Equipment 95,643 0 95,643 302-280-0000-1170-313D-61100-48826-3-04 Capital: Data Processing Equipment 5,400 0 5,400 302-300-0000-1170-313D-67100-49901-3-04 Debt Redemption of Principals 193,500 0 193,500 302-300-0000-1170-313D-67100-49902-3-04 Debt Interest 115,272 0 115,272 $1,811,036 $0 $1,811,036 Revenue 302-000-0000-0000-313D-00000-32229-0-00 State Revenue 403,036 0 403,036 302-000-0000-0000-313D-00000-33802-0-00 Participating School Division Fees 732,160 0 732,160 302-000-0000-0000-313D-00000-34588-0-00 Local Match 675,840 0 675,840 $1,811,036 $0 $1,811,036 The 2009-10 Governor's School program will provide instruction in science and math to high school students. The program will be supported by state funds and tuition collected from participating school districts including Roanoke City Public Schools. The program will end June 30,2010. This is a continuing program. Februa ry 9, 2010 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia NEW APPROPRIATION REQUEST Lowe's Toolbox for Education Grant. Highland Park 2009-10 7610 Original Changes Final Expense Description BudQet Requested BudQet 302-110-FLOW-0110-7610-64200-46615-2-01 Operating Supplies 4,500 0 4,500 $4,500 $0 $4,500 Revenue 302-000-FLOW -0000-7610-00000-33808-0-00 Private Foundation Grant 4,500 0 4,500 $4,500 $0 $4,500 The Lowe's Toolbox for Education grant was awarded to Highland Park Elementary School to improve air quality in eight basement classrooms. This program is 100% paid for by grant funds and will end December 30,2010. This is a new program. February 9, 2010 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia NEW APPROPRIATION REQUEST Lowe's Toolbox for Education Grant - Monterey 2009-10 7620 Expense Description Original Budqet Changes Requested Final Budqet 302-110-FLOW-0110-762D-61100-46614-2-01 Educational & Recreational Supplies 4,700 o 4,700 $4,700 $0 $4,700 Revenue 302-000-FLOW -0000-7620-00000-33808-0-00 Private Foundation Grant 4,700 o 4,700 $4,700 $0 $4,700 The Lowe's Toolbox for Education grant was awarded to Monterey Elementary School to support hands-on learning in the classroom for grades PreK-2. This program is 100% paid for by grant funds and will end December 30,2010. This is a new program. February 9, 2010 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia NEW APPROPRIATION REQUEST ARRA Title 11-0 Enhancing Education Through Technology Competitive Grant 2009-10 166S Original Changes Final Exoense Descriotion Budqet Requested Budqet 306 - 270 - 0000 - 0000 -166S - 68100 - 43313 - 9 - 01 Purchased Services 3,000 0 3,000 306 - 270 - 0000 - 0000 -166S - 68100 - 43381 - 9 - 01 Evaluation Services 58,925 0 58,925 306 - 270 - 0000 - 0000 -166S - 68100 - 43332 - 0 - 01 Professional Maintenance Service Contracts/Warranties 149,261 0 149,261 306 - 270 .0000 - 0000 -166S - 68100 - 46650 - 0 - 01 Technology Hardware 153,727 0 153,727 306 - 270 - 0000 - 0000 -166S - 68100 - 46640 - 0 - 01 Technology Software/Online Content 3,850 0 3,850 306 - 270 - 0000 - 0000 - 166S - 68100 - 48826 .0 - 01 New Capital Data Processing Equipment 810,867 0 810,867 $1,179,630 $0 $1,179,630 Revenue 306 - 000 - 0000 - 0000 - 166S - 00000 - 38318 - 0 - 00 Federal Grant Receipts 1,179,630 0 1,179,630 $1,179,630 $0 $1,179,630 The Title 11-0 Enhancing Education Through Technology Competitive Grant will support the Partnership to Advance Smaller Technology Integration into Mathematics and English (PASTIME) project which will leverage student interest in smaller hand-held computing devices in order to integrate them into English and math courses to help increase academic achievement on standardized tests. This program is reimbursed 100% by federal funds and will end September 30, 2011. This is a new program. February 9, 2010 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia NEW APPROPRIATION REQUEST ARRA State Stabiliation Funds Second Allocation 2009.10 910S Original Changes Final ExPense Description Budqet Requested Budqet 307-110-0000-0000-910S-61100-41121-9-01 Teachers 1,893,452 0 1,893,452 307-110-0000-0000-91 OS-611 00-42200-9-0 1 Retiree Health Credit 19,442 0 19,442 307-110-0000-0000-91 OS-611 00-42201-9-01 Social Security 144,849 0 144,849 307-110-0000-0000-91 OS-611 00-42202-9-01 VRS 261,486 0 261,486 307-110-0000-0000-91 OS-611 00-42204-9-01 Health/Dental 190,665 0 190,665 307-110-0000-0000-91 OS-611 00-42205-9-0 1 Group Life Insurance 14,708 0 14,708 $2,524,602 $0 $2,524,602 Revenue 307-000-0000-0000-910S-00000-38394-0-00 Federal Grant Receipts 2,524,602 o 2,524,602 $2,524,602 $0 $2,524,602 This allocation is a partial distribution of State Stabilization funds that were originally intended to be released at the start of the 2010-11 school year, To assist divisions with budget shortfalls during the current year, however, this portion of next year's award has been made available for use during the 2009-10 school year, This program will end September 30,2011. This is a new program. February 9, 2010 CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, SW, Suite 461 PO Box l220 Roanoke, Virginia 240 ll-1220 Telephone: (540) 853-2821 Fax: (540) 853-6142 JOHN W. BINGHAM, CPA Assistant Director of Finance ANN H. SHAWVER, CPA Director of Finance ANDREA F. TRENT Assistant Director of Finance February 16, 2010 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 February 9th meeting, the Board respectfully requested that City Council appropriate funding as outlined in this report. An allocation of $2,524,602 is a partial distribution of ARRA State Stabilization funds that were originally intended to be released at the start of the 2010-11 school year. These funds will replace State Aid funding. A subsequent request will be brought before City Council to reduce the funding from State Aid and the associated appropriations. This source of funding will not have an impact on the overall level of funding in FYl 0 but will merely shift funding from State Aid to ARRA support. The Title II-D Enhancing Education Through Technology Competitive Grant of $,1,179,630 will support the Partnership to Advance Smaller Technology Integration into Mathematics and English (PASTIME) project which will leverage student interest in smaller hand-held computing devices in order to integrate them into English and math courses to help increase academic achievement on standardized tests. This program is reimbursed 100% by federal funds and will end September 30, 2011. This is a new program. The Lowe's Toolbox for Education grant of $4,700 was awarded to Monterey Elementary School to support hands-on learning in the classroom for grades PreK-2. This program is 100% paid for by grant funds.and will.end December 30, 2010. This is also a new program. . . . Additionally, another Lowe's Toolbox for Education grant of $4,500 was awarded to Highland Park Elementary School to improve air quality in eight basement classrooms. Honorable Mayor and Members of Council February 16, 2010 Page 2 This program is 100% paid for by grant funds and will end December 30, 2010. This is a new program. The 2009-10 Governor's School program request of $1,811,036 will provide instruction in science and match to high school students. The program will be supported by state funds and tuition collected from participating school districts including Roanoke City Public Schools. The program will end June 30, 2010, This is a continuing program. We recommend that you concur with this report of the School Board and adopt the attached budget ordinance to appropriate funding as outlined. Sincerely, 1Qt)~ 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 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 JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk February 17, 2010 Curt Baker Deputy Superintendent for Operations Roanoke City Public Schools P. O. Box 13145 Roanoke, Virginia 24031 Dear Mr. Baker: I am enclosir:19 copy of Ordinance No. 38729-021610 repealing Ordinance No. 37303-0206~6 adopted February 6, 2006, and Ordinance No. 37696-022007 adopted February 20, 2007, to the extent that they placed certain conditions on property being Patrick Henry High School, located at 2102 Grandin Road, S. W., Official Tax No. 1460101, and replacing them with new proffers, and the conditions now binding upon the subject property should be amended; and such property be zoned INPUD, Institutional Planned Unit Development, with proffers as set forth in the Zoning Amended Application No.1 dated January 21, 2010. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, February 16, 2010, and is; in full force and effect upon its passage. Sincerely, m'0~ Stephanie M. Moon, CMC City Clerk Curt Baker February 17, 2010 Page 2 pc: Cao Ming Hua and Hen Haiging, 1302 Belle Aire Lane, S. W., Roanoke, Virginia 24018 Ronald and Misty Bingham, 2412 Guilford Avenue, S. W., Roanoke, Virginia 24015 James and Jennifer McLeese, 2416 Guilford Avenue, S. W., Roanoke, Virginia 24015 William and Michelle Radar, 2420 Guilford Avenue, S. W., Roanoke, Virginia 24015 Lynn C. Wigginton, 2424 Guilford Avenue, S. W., Roanoke, Virginia 24015 James and Jean Loesl, 2428 ~uilford Avenue, S. W., Roanoke, Virginia 24015 Patricia G. Wilson, P. O. Box 4744, Roanoke, Virginia 24015-0744 Mary C. Lincoln and Patrick R. Davis, 2436 Guilford Avenue, S. W., Roanoke, Virginia 24015 Bryan and Victoria Sturdy, 2440 Guilford Avenue, S. W., Roanoke, Virginia 24015 Robert D. Lipscomb, 2559 Winifred Drive, S. W., Roanoke, Virginia 24018 Dewey and Nita Likens, 2502 Guilford Avenue, S. W., Roanoke, Virginia 24015 John R. Patterson, 2506 Guilford Avenue, S. W., Roanoke, Virginia 24015 David K. Cumins, 2735 Richelieu Avenue, S. W., Roanoke, Virginia 24014. Brenda R. Page, 2602 Guilford Avenue, S. W., Roanoke, Virginia 24015 Dinia M. Pease, 2608 Guilford Avenue, S. W., Roanoke, Virginia 24015 ' Kenneth C. Dunn, 2612 Guilford Avenue, S. W., Roanoke, Virginia 24015 Alice C. Tuckwiller, 2616 Guilford Avenue, S. W., Roanoke, Virginia 24015 . Marvin and Sandra Harrison, 2620 Guilford Avenue, S. W., Roanoke, Virginia 24015 _ Colin and Judith Lunsford, 2624 Guilford Avenue, S. W., Roanoke, Virginia 24015 James and Connie Hogan, 2702 Guilford Avenue, S. W., Roanoke, Virginia 24015 .Jeffrey and Deborah Drinkert, 2708 Guilford Avenue, S. W., Roanoke, Virginia 24015 <> Curt Baker February 17, 2010 Page 3 pc: Donald and Barbara Bollas, 2712 Guilford Avenue, S. W., Roanoke, Virginia 24015 James and Janet Hamrick, 2716 Guilford Avenue, S. W., Roanoke, Virginia 24015 Jonathan and Ilona Todd, 2720 Guilford Avenue, S. W., Roanoke, Virginia 24015 Nancy Henderson and Michael Henderson, et ai, 222 Rocky Shore Lane, Moneta, Virginia .24121 Tammy L. Crush, 2728 Guilford Avenue, S. W., Roanoke, Virginia 24015 Theodore and Dianne Smith, 2732 Guilford Avenue, S. W., Roanoke, Virginia 24015 Mary Jane Shirley, 2802 Guilford Avenue, S. W., Roanoke, Virginia 24015 Terry and Phyllis Clifton, 2806 Guilford Avenue, S. W., Roanoke, Virginia 24015" Anna Dent Murray Life Estate, 2810 Guilford Avenue, S. W., Roanoke, Virginia 24015 A E H Properties, 225 Heidinger Drive, Cary, North Carolina 27511 John and Nancy Fudge, 2902 Guilford Avenue~ S. W., Roanoke, Virginia 24015 Katrina A. Mabery and Virginia M. Balserak, 2912 Guilford Avenue, S. W., Roanoke, Virginia 24015 Michael Lipscomb and Kristie W. Lipscomb, 2916 Guilford Avenue, S. W., Roanoke, Virginia 24015 Ronald and Margaret Whitlock, 2922 Guilford Avenue, S. W., Roanoke, Virginia 24015 Jeffrey and Michelle Floyd, 2928 Guilford Avenue, S. W., Roanoke, Virginia 24015 . Daniel and Laura Foutz, 3002 Guilford Avenue, S. W., Roanoke, Virginia - 24015 Olivia I. Byrd, 3006 Guilford Avenue, S. W., Roanoke, Virginia 24015 Barbara C. Sutton, 3010 Guilford Avenue, S. W., Roanoke, Virginia 24015 Thomas and Alice Lambdon, 3014 Guilford Avenue, S. W., Roanoke, Virginia 24015 R. Edward St. George, 3022 Guilford Avenue, S. W., Roanoke, Virginia 24015 Theodore R. and Betty J. Crouch, 3022 Guilford Avenue, S. W., Roanoke, Virginia 24015 Shenandoah Life Insurance Company, P. O. Box 12847, Roanoke, Virginia 24029 Curt Baker February 17, 2010 Page 4 pc: _ Geoffrey and Susan Jennings, 1744 Blair Road, S. W., Roanoke, Virginia 24015 David Tucker, 1743 Blair Road, S. W., Roanoke, Virginia 24015 James and Dana George, 2340 Blenheim Road, S. W., Roanoke, Virginia 24015 Douglas and Evie Robison, 2517Mount Vernon Road, S. W., Roanoke, Virginia 24015 Lynn and Mary Via, 2513 Mount Vernon Road, S. W., Roanoke, Virginia 24015 Seth and Jane Hooper, 2507 Mount Vernon Road, S. W., Roanoke, Virginia 24015 Kerry and Seweryn Morgiewicz, 2501 Mount Vernon Road; S. W., Roanoke, Virginia 24015 . M. Diana Thomason, 2429 Mount Vernon Road, S. W., Roanoke, Virginia 24015 Samuel, III and Deanne Vance, 1640 Persinger Road, S. W., Roanoke, Virginia 24015 Kermit and Elizabeth Hale, 2222 Blenheim Road, S. W., Roanoke, Virginia 24015 Douglas Viehman and Diane Naff, 2216 Blenheim Road, S. W., Roanoke, Virginia 24015 Ronald Henderson, Jr., and Shirley Cawley, 2421 Mount Vernon Road, S. W., Roanoke, Virginia 24015 Michael and April Snow, 1639 Persinger Road, S. W., Roanoke, Virginia 24015 Harriet G. Vance, 1656 Center Hill Road, S. W., Roanoke, Virginia 24015 Christopher and Kelly Kaze, 1647 Center Hill Road, S. W., Roanoke, Virginia 24015 , James and Cinda Brown, 1702 Brandon Avenue, S. W., Roanoke, Virginia 24015 Dale and Lora Wilkinson, 171q Brandon Avenue, S. W., Roanoke, Virginia 24015 Thomas Wayne Frantz, 1714 Brandon Avenue, S. W., Roanoke, Virginia 24015 Frances Kastler, 213 S. Jefferson Street, No.1 007, Roanoke, Virginia 24011 Bruce and Patricia Tolson, 1806 Brandon Avenue, S. W., Roanoke, Virginia 24015 Tiffany K. Worstell, 1810 Brandon Avenue, S. W., Roanoke, Virginia 24015 . Curt Baker February 17, 2010 Page 5 pc: George C. Koss, 2854 Fairway Forest Circle, Salem, Virginia 24153 Michael and Cathy Pegram, 1824 Brandon Avenue, S. W., Roanoke Virginia 24015 . Mark E. Barker, 1828 Brandon Avenue, S. W., Roanoke, Virginia 24015 Elizabeth Velazquez, 1832 Brandon Avenue, S. W., Roanoke, Virginia 24015 Andrew J. Hickling, 1836 Brandon Avenue, S. W., Roanoke, Virginia 24015 M & W Properties, 4423 Brentwood Court, S. W., Roanoke, Virginia 24018 George Williams, 1994 Brown Gap Top, Charlottesville, Virginia 22901 George Williams, 103 Fourth Street, Bluefield, West Virginia 24701 Peter C. and Alison C. Matthiessen, 1918 Brandon Avenue, S. W., Roanoke, Virginia 24015 Vernon E. Jr., and Susan Daphne Jolley, 1922 Brandon Avenue, S. W., Roanoke, Virginia 24015 Claude and Mary Hodges, 1926 Brandon Avenue, S. W., Roanoke, Virginia 24015 Whitney J. Patrone, 2340 Blenheim Road, S. W., Roanoke, Virginia 24015 Darrell R. Craighead, P. O. Box 1373, Salem, Virginia 24153 Curtis E. and Ellen Fuller, 1942 Brandon Avenue, S. W., Roanoke, Virginia 24015 Trustees, Unitarian Universalist, Church of Roanoke, 2015 Grandin Road, S. W., Roanoke, Virginia 24015 David A. Rogers, 2103 Grandin Road, S. W., Roanoke, Virginia 24015 Benjamin C. Davis, 2111 Grandin Road, S. W., Roanoke, Virginia 24015 George and Elizabeth Marsh, 2121 Grandin Road, S. W., Roanoke, Virginia 24015 Elaine A. Noell, Trustee, 2201 Grandin Road, S. W., Roanoke, Virginia 24015 Neale and Mary Huff, 2215 Grandin Road, S. W., Roanoke, Virginia 24015 George Ray Snow, 2223 Grandin Road, S. W., Roanoke, Virginia 24015 Curtis Fooks and Nan Rae Marion, 2231 Grandin Road, S. W., Roanoke, Virginia 24015 Jeffrey and Christina Hatch, 2239 Grandin Road, S. W., Roanoke, Virginia 24015 James P. Gilmer,' III and Jill M. Arliss, 2243 Grandin Road, S. W., Roanoke, Virginia 24015 Curt Baker February 17, 2010 Page 6 pc: Warren and Paula Fiihr, 2255 Grandin Road, S. W., Roanoke, Virginia 24015 Craig and Barbara Johnson, 2343 Carter Road, S. W., Roanoke, Virginia 24015 Trustees of St. Elizabeth's Episcopal Church, P. O. Box 4706, Roanoke, Virginia 24015 . Freeda Cathcart, President, Grandin Court Neighborhood Association, 2516 Sweetbrier Avenue, S. W., Roanoke, Virginia 24015" Susan Koch, President, Greater Raleigh Court Civic League; 2102 Maiden Lane, S. W., Roanoke, Virginia 24015 Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Ann H. Shawver, Director of Finance Susan Lower, Director of Real Estate Valuation Philip Schirmer, City Engineer Martha P. Franklin, Secretary, City Planning Commission . -' tC1\. . t;)'::> ~ 1) ~~i;~'ti IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of February, 2010. No. 38729-021610. AN ORDINANCE to amend S36.2-100, 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. 37303-020606, adopted February 6, 2006, and Ordinance No. 37696-022007, adopted February 20, 2007, to the extent that they placed certain conditions on property being Patrick Henry High School, located at 2102 Grandin Road, S.W., bearing Official Tax No. 1460101, and placing new proffers on the subject property; and dispensing with the second reading by title of this ordinance. WHEREAS, the City of Roanoke School Board has made application to the Council of the City of Roanoke, Virginia ("City Council"), to repeal Ordinance No. 37303-020606, adopted February 6, 2006, and Ordinance No. 37696-022007, adopted February 20, 2007, to the extent that they placed certain conditions on property being Patrick Henry High School, located at 2102 Grandin Road, S.W., bearing Official Tax No. 1460101, and replacing them with new proffers; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by 936.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on February 16,2010, after due and timely notice thereof as required by S36.?-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 O-PH High School-repeal & replace existing proffers.doc 1 WHEREAS, this Council, after considering the aforesaid application, the recommendation made to this Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the repealing of Ordinance No. 37303-020606, adopted February 6, 2006, and Ordinance No. 37696-022007, adopted February 20, 2007, to the extent that they placed certain conditions on property being Patrick Henry High School, located at 2102 Grandin Road, S.W., bearing Official Tax No. 1460101, and replacing them with new proffers, and is of the opinion that the conditions now binding upon the subject property, should be amended as requested, and that such property be zoned INPUD, Institutional Planned Unit Development, with proffers as set forth in the Zoning Amended Application No. 1 dated January 21,2010. THEREFORE, BE IT ORDAINED by the Council ofthe City of Roanoke that: 1. Ordinance No. 37303-020606, adopted February 6, 2006, and Ordinance No. 37696-022007, adopted February 20, 2007, to the extent that they placed certain conditions on property being Patrick Henry High School, located at 2102 Grandin Road, S. W., bearing Official Tax No. 1460101, are 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. That proffers set forth in the Zoning Amended Application No.1 dated January 21,2010, are accepted and placed on the property being Patrick Henry High School, located at 2102 Grandin Road, S.W" bearing Official Tax No. 1460101, and that .such property be zoned INPUD, Institutional Planned Unit Development, with conditions proffered by the applicant, arid that 936.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, O-PH High School-repeal & replace existing proffers. doc 2 c City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect such action. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~~m,~. City Clerk O-PH High School-repeal & replace existing 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 Board of Zoning Appeals Planning Commission February 16, 2010 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 City of Roanoke School Board to repeal all existing proffered conditions on property being Patrick Henry High School, located at 2102 Grandin Road, S.W., Official Tax No. 1460101, and replace them with new proffers Planning Commission Recommendation Planning Commission public hearing was held on Thursday, January 21, 2010. A synopsis of the public hearing is set forth at the end of this report. By a vote of 6-0 (Mrs. Katz having left the meeting before the vote), the Commission . recommended approval of Amended Application No.1, with the exception that City Council should not accept the proposed amendment of existing Proffer No. 9. The Commission finds the application to amend the proffered conditions regarding the Patrick Henry High School sports stadium facility to be consistent with Vision 2001-2020, the Grandin Court Neighborhood Plan, and the Greater Raleigh Court Neighborhood Plan. Providing quality athletic facilities for the community is a high priority of all plans. Respectfully submitted, ~~~ Angela Penn, Chair City Planning Commission Members of City Council February 16, 2010 Page 2 cc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney R. Brian Townsend, Assistant City Manager David Carson, Chairman, School Board Members of City Council February 16,2010 Page 3 Application Information Request: Owner: A licant: Authorized A ent: Cit Staff Person: Site Address/Location: Official Tax Nos.: Site Area: Existin Zonin : Proposed Zoning: Existin Land Use: Proposed Land Use: Neighborhood Plan: S ecified Future Land Use: Filing Date: Background Amendment of Planned Unit Development (Ordinance Nos. 37303-020606 and 37696-022007 ' Cit of Roanoke Darlene Burcham Cit of Roanoke School Board David Carson Timoth Spencer Maribeth B. Mills 2102 Grandin Road, S.W. 1460101 96.3296 Acres INPUD, Institutional Planned Unit Develo ment INPUD, Institutional Planned Unit Development Educational Facilities and Libra Educational Facilities and Library Grandin Court Neighborhood Plan/ Greater Raleigh Court Nei hborhood Plan Lar e Institutional/Institutional Planned Unit Develo ment Original Application: December 3, 2009; Amended Application No.1: January 21, 2010 In February 2006, City Council approved an amendment to the INPUD development plan for Patrick Henry to enable construction of a sports stadium. The amended plan incorporated a number of proffered conditions relating to usage, lighting, sound amplification, access, and design. Many of the proffers were crafted to address potential issues associated with the use of the stadium by both Patrick Henry and William Fleming High Schools. With the William Fleming stadium set for completion by the 2010 fall football season and changes to City School schedules, the School Board is requesting to amend proffered conditions relating with facility use, lighting, sound amplification, traffic control, and design to improve function and remove obsolete conditions. Conditions Proffered by the Applicant The applicant is requesting that all proffers enacted by Ordinance Nos. 37303- 020606 and 37696-022007 be repealed and replaced pertaining to Official Tax No. 1460101 as follows. Deleted text is indicated by a strikethrough while added text is indicated by italics. An explanation of changes has also been included. The proffered conditions below are as listed on the Amended Application NO.1 submitted on January 21,2010, following the Planning Commission's public hearing. Members of City Council February 16, 2010 Page 4 1. The property will be developed in substantial conformity with the Site Plan prepared by Rife + Wood Architects dated December 5, 2005, a copy of 'Nhich is attached to this Petition to Amond Proffered Conditions 3S Exhibit Four, and the Utility Plan prepared by Rife + Wood Architects dated December 5, 2005, a copy of which is attached to this Petition to Amend Proffered Conditions as Exhibit Five copies of which are attached to this application. 2. The school sports stadium facility will be developed in substantial conformity with the Stadium Plan prepared by Rife + Wood Architects dated January 18, 2007, and the Stadium Sections, dated December 2, 2006, copies of which are attached to this Amendment NO.1 for Amendment of Proffered Conditions as Exhibit Six and Seven, respectively copies of which are attached to this application. No changes were made to the development plan, utility plan, stadium plan, or stadium section listed in proffers one and two. Language describing these plans was updated for clarification purposes only. 3. That the usage of the school sports stadium will be limited to high school athletics, band practice for Patrick Henry High School marching band, graduation ceremonies, middle school athletics, and athletic events sponsored through the Parks & Recreation Department of the City of Roanoke, and other youth sports only. In order to be specific about the type of sports permitted to use the stadium, 'other youth sports' is being replaced by 'middle school athletics'. It is also reasonable that the Patrick Henry Marching Band be allowed to practice in the stadium where they perform. 4. That no less than 40% and no more than 60% of all home varsity f-ootball games, in a single season, will be played during the daytime hours on S3turd3Y, 3S the eX3ct number of home football games varies from year to year. 5. That the school sports stadium may be utilized by VVilliam Fleming High School, subject to all proffered conditions. \^.'illiam Fleming High School's right to use the Patrick Henry High School stadium shall expire August 31,2010. 6. That all football games played at the stadium bet\\'een P3trick Henry High School and VVilliam Fleming High School, and any other City of Roanoke high school, will be played during daylight hours only. These proffers were put in place to mitigate issues that could have arisen from the use of the sports stadium facility by two high schools (Patrick Henry and William Fleming) during the same season. These proffers are no longer necessary as William Fleming High School will have its own sports stadium for Members of City Council February 16,2010 Page 5 the 2010 season reducing the number of games played at the Patrick Henry Stadium by approximately half. By removing these proffers, both stadium facilities will be able to operate in a similar fashion. 7. That all other sporting events, other than varsity football, ..viII be during daylight hours; lights '.viII only be used in the event of darkness to complete 3 g3me. 8. Th3t school sports st3dium lighting \,vill not be used for practices and will be utilized for game play only. The School Board wishes to repeal all lighting proffers to allow game play and practice in the evening hours, especially during daylight savings time. Limitation on the times when lights can be used would be governed by an existing City Code Section 21-43.1 prohibiting the operation of a lighted athletic facility adjacent to residentially zoned property after 10:00 p.m. 9. (4) That all sound amplification systems will only be used for varsity football, daytime varsity soccer games, varsity lacrosse games, ami future graduation assemblies should 3ny be recommended by the administration of the school. , and the annual championship games for Roanoke City Parks and Recreation youth football. The use of the stadium is further limited by the type of events during which the sound amplification system is operational. The School Board would like to add lacrosse games and the one-day annual championship games for the Roanoke City Parks and Recreation youth football. The overall number of games using the amplification system should not increase significantly as approximately half the number of varsity football games will be played at the stadium due to the impending completion of William Fleming's stadium. 10. (5) That manual traffic control, to include security personnel, will be provided before and after all home varsity football games and graduation ceremonies at the intersections of Brandon Avenue and Grandin Road, Grand Road and Laburnum Avenue, Grandin Road and Avenel Avenue, and Guilford Avenue and Lofton Road in coordination with the City of Roanoke Police Department. 11. (6) That manual traffic control, to include security personnel, will be provided at the intersection of Lofton Road and Guilford Avenue '/Jill be blocked before, during, and after every home varsity football game to prevent vehicular traffic, excluding emergency vehicles, from entering and existing Patrick Henry High School campus from Lofton Road. 12. (7) That manual traffic control, to include security personnel, will be provided at the service entrance to Patrick Henry High School from Blenheim Road before every varsity football game to prevent pedestrian and vehicular traffic will be locked 3nd secured to prevent any parking or Members of City Council February 16, 2010 Page 6 access, excluding emergency vehicles and team buses, from utilizing the service entrance to Patrick Henry High School from Blenheim Road. before, during, and after every home varsity f-ootball game. All specified intersections/entrances must be manually controlled for consistency with State Fire regulations. 'Locking', 'blocking', or otherwise 'securing' these entrances prevents access for emergency vehicles. 13. That the certificate of occupancy f-or the stadium will not be issued until completion and appro'ylal by City Traffic Engineering of a traffic management plan to address event traffic and parking. Such management plan '.viII be done subject to all other proff-ers contained in this petition. 14. That the City school administration I/.'ill conduct at least three public meetings regarding the design of the fagade of the stadium, such meeting to be held prior to the issuance of a building permit f-or the stadium. This proffer will be subject to all other proffers contained in this petition. Proffers No. 13 and 14 are no longer necessary as the stadium is now complete. (8) The City of Roanoke School Board will conduct an engineering study of its sound amplification system, within six months of approval of these proffers, to evaluate the best method and means of limiting the audio trespass of the sound amplification system and will file the results of such study with the City's Planning Office. New Proffer NO.8 was offered by the applicant at the Planning Commission's January 21, 2010 public hearing. The Planning Commission recommended that existing Proffer NO.9 remain in tact until the results of the engineering study are known. At that time, the School Board would be required to submit a new request to amend existing Proffer NO.9. Considerations Surroundinq Zoninq and Land Use: Zoning District Land Use North R-7, Residential Single-Family District, and Single-family residences and IN, Institutional District ~ places of worship. South MX, Mixed Use District, and ROS, Professional office and Recreation and Open Space. Woodlawn Park. East R-5, Residential Single-Family District Single-family residences. West R-5, Residential Single-Family District, RM- Single-family residences, two- 2, Residential Mixed Density District, and family residences, eating and CN, Commercial-NeiQhborhood District. drinking establishment. Members of City Council February 16,2010 Page 7 Compliance with the Zoninq Ordinance: The City's Zoning Ordinance requires proffered conditions to be enforced in the same manner as any other zoning regulation. Since proffers are a set of exclusive zoning regulations for a specific piece of property, violations follow the same process. When citing a zoning violation, physical evidence is necessary to establish probable cause. Enforcing proffers regarding the use and scheduling of the field, lighting, and sound amplification is difficult. When violated, the infringement only occurs for a short period of time and the action necessary to correct the violation takes place when the event is over. Conformity with the Comprehensive Plan and Neiqhborhood Plan: Providing quality educational and athletic facilities for the citizens of Roanoke is a high priority of the City's Comprehensive Plan and both the Grandin Court and Greater Raleigh Court Neighborhood Plans. A well planned facility not only provides a place'to educate the community's youth but provides education and recreation to citizens of all ages and with a variety of interests. They also provide incentives for families to move to and stay in the City. Ensuring that Patrick Henry's stadium is allowed to fully function for a variety of athletics and events while remaining a considerate neighbor is essential to this priority. The following policies of Vision 2001-2020 are relevant to the application: . PE P4. Quality Education. Roanoke's school system will be known for its quality education that prepares students for the workplace or with the skills and knowledge needed to succeed in higher education. Roanoke will maintain and improve its high-quality public education facilities and programs at all levels. · PE P2. School Facilities. School facilities are important community facilities. The location of new school facilities will be carefully planned to enhance the surrounding community and adhere to the City Design principles recommended. · PE P4. Community learning centers. Roanoke will encourage the efficient use of public schools by co-location of education, lifelong learning, and recreation programs in school facilities, making them community learning centers. City Department Comments: None. Public Comments: Members of City Council February 16, 2010 Page 8 The Greater Raleigh Court Civic League Board of Directors submitted an email describing a meeting held with the School Board representative with 40 residents in attendance. Approximately 15 residents also provided written comments to the Civic League's Board of Directors. The consensus of the Civic League is that the Patrick Henry stadium has been an asset to the neighborhood and that the school administrators have done a good job minimizing anticipated problems. However, residents would like to see limits placed on the use of the lighting and sound amplification systems as follows: 1. With exception of varsity football games, lighting can only be used until 9:15 p.m. 2. With the exception of varsity football games, the sound amplification system can only be used until 6:00 p.m. Kerry Morgiewicz (2501 Mount Vernon Road) stated concern that changes to proffer no. 12 (new proffer no. 7) preventing pedestrian access to the stadium from the service entrance off Blenheim Road would deter people in her neighborhood from walking to football games. Planninq Commission Public Hearinq: The following comments and questions were posed by the Planning Commission at their January 21, 2010 public hearing. 1. Mr. Scholz asked how many middle school events would use the stadium. The applicant responded that it would depend on the availability of the field. The applicant went on to say that there were only two middle school teams per sport and that games would only be played during daylight hours without the use of the sound amplification system. 2. Members of the Commission asked the applicant if a specific cut-off time could proffered regarding the use of the lights and sound amplification system or the start-time of games. The applicant responded that specifying times would be difficult when coordinating a junior varsity and varsity game, especially when the visiting team is not local. Staff commented that operational proffers, such as start and stop times, were difficult for the Planning Department to enforce as the violation was temporary. 3. Mr. Scholz asked staff to comment on the requirements of the City's Noise Control Ordinance. Staff responded that activities on or in school athletic facilities were exempt from the Noise Control Ordinance. Staff reminded the Commission that the stadium was not exempt from Section 21-43.1 of the City Code requiring lighting to be turned off at 10:00 p.m., which effectively would end the game and the use of the sound amplification system. Members of City Council February 16,2010 Page 9 4, Mr. Williams asked if anything could be done with the physical configuration of the sound amplification system to minimize noise trespass into the surrounding neighborhood. The applicant responded that an appointment had been scheduled for the spring with sound engineers to examine the situation. The applicant also offered the addition of new Proffer NO.8 regarding the study. Members of the Commission stated they would prefer to reexamine the sound amplification proffer at a later date when the engineering study was complete since the proposed proffer did not require the recommendations of the study to be implemented. 5. Ms. Penn asked if the amplification system could be turned off by 7:15 p.m. The applicant questioned why varsity lacrosse was treated differently than varsity soccer, which could use the sound amplification system. Staff reminded the applicant and the Commission that varsity soccer could only use the sound amplification system during daylight hours. Other members of the Commission did not wish to adopt an operational proffer. The following comments and questions were posed by the public at the Planning Commission's January 21,2010 public hearing. 1. Phillip Wright (1646 Center Hill Drive) stated that he was concerned about the intrusiveness of the sound amplification system. He said that school sports were very positive events but that the original agreement should be maintained. 2. Neal Frank-Rempel (2323 Mount Vernon Road) stated that he was disappointed that the School Board did not want to follow through with their original agreement. He did agree that the amendment relative to emergency access should be addressed. 3. Connie Ratcliffe, principal at Patrick Henry High School, stated that the current request was in response to three conditions: (1) increased student participation in athletics and additional teams; (2) change in start and end time for the school day; and (3) oversight of certain programs that were in existence at the time in the original proffered conditions. She stated that the lacrosse program increased its number of participants and added a girls JV program while the soccer program was attracting competition from schools in northern and eastern Virginia. She went on to state that the end of the school day was moved to 3:30 p.m., not allowing practice to begin until 4:00 p.m. and end at 8:00 p.m. Finally, she said that the current proffers completely overlooked that lacrosse and marching band programs. 4. John Thisdell (1724 Wilbur Road) stated that noise generated by the stadium had never been a nuisance and that the current proffers were unfair to the students. He said that the new school and stadium had greatly improved school spirit and pride and he felt they helped protect local property values. Members of City Council February 16, 2010 Page 10 5. Jimmy Whitney (2114 Avenel Avenue, S.W.), a Patrick Henry High School Athletic Boosters Board member, stated that it was a thrill for players to hear their name on the sound amplification system and that its use should be extended to varsity lacrosse. He further commented that the stadium had given a tremendous sense of pride to the City's children. 6. Josh Wilkinson (2219 Westover Avenue), head lacrosse coach at Patrick Henry High School, stated that under the current time constraints and lack of practice facilities, the lacrosse team practiced on James Madison's fields requiring students to walk or carpool due to a lack of funding for transportation. He also stated that lacrosse was the only varsity team unable to use the sound amplification system which he felt was an oversight and should be corrected. 7. Patricia Sheedy, athletic director for Patrick Henry High school, stated that the restrictions on the sound amplification system were unfair to their athletes outside of the varsity football program. She reminded the Commission that spring sports do not use the sound amplification system to the extent it is used for football, with the National Anthem, player names, and goals being the only announcements. She went on to say that scheduling games was difficult when considering the time school ended, travel time of visiting teams, and the existing proffered conditions related to lighting and sound. She also stated that Patrick Henry's varsity football team should be allowed to have all five of their home games on Friday night now that Fleming has their own stadium. 8, Chris Dowdy, head golf and soccer coach at Patrick Henry High School, stated that the existing proffers made it difficult to schedule the stadium for practice and games especially considering the recent increase in school sports participation. He said that his number one concern was the quality of training provided to our student athletes. 9. Susan Koch (2102 Maiden Lane, SW), President of the Greater Raleigh Court Civic League, stated that the sound amplification system was the neighborhood's primary concern which she recommended be turned off at 6:00 p.m. for all uses except varsity football. 10. Mr. Todd Putney (2301 Avenham Avenue), School Board member, stated that the school board would commit to studying the sound amplification system to address the concerns of the neighborhood while still maintaining good sound quality for those in the stadium. 11. The Secretary to the Planning Commission read into the record correspondence received from Patricia A. Smith, Duke Baldridge (307 Darwin Rd), Stewart Barnes (2314 Rosalind Ave), Brenda McDaniel (2037 Carter Rd), Kathy Gross, Maureen Eiger (Mount Vernon Rd), Kit Hale, and Nancy McLaughlin (2448 Lofton Rd), with five against and three for the amendments. D~partment of Planning, Building and Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, SW. Roanoke, Virginia 24011 Phone: (540) 853-1730 Fax: (540) 853-1230 Date: IJan21,2010 I ..~~\ttit{(.I~~Olli(t.t. o Rezoning, Not Otherwise Listed o Rezoning, Conditional o Rezoning to Planned Unit Development o Establishment of Comprehensive Sign Overlay District rer.(jplf".I'iit~lI'ililWl Address: 12102 Grandin Road, S.W. Official Tax No(s),: 11460101 Submittal Number: IAmended Application No.1 IBJ Amendment of Proffered Conditions o Amendment of Planned Unit Development Plan o Amendment of Comprehensive Sign Overlay District Existing Base Zoning: (If multiple zones, please manually enter all districts,) INPUD, Institutional Planned Unit Development [g] With Conditions o Without Conditions Ordinance No(s). for Existing Conditions (If applicable): Ordinance No. 37303-020606, and Ordinance No. 37696-022007 Requested Zoning: INot Applicable I Proposed Land Use: IEducational Facility [ar.(jPlfr.tYIQWnJt:..~liif~~iBl Name: ICity of Roanoke/Darlene Burcham I Phone Number: I E-Mail: IDarlene.Burcham@roanokeva.gOv I + 1 (540) 853-2333 Phone Number: I + 1 (540) 767-2037 I E-Mail: Idcarson@jamlaw.net I Applican s Signature: ~~ft!r.izjfd)",..n't1iiif~mllltitJnl~itr.~p.iC"ii~I~ Name: ITimothy Spencer Address: - e, Virginia 24011 I Phone. Number: I + 1 (540) 853-5236 I E-Mail: Itimothy.spencer@roanokeva.gov I I~- .... ( ,//' I / ,/ / NARRATIVE ""~ ',. The School Board for the City of Roanoke is proud of the sports stadium facility located at Patrick Henry High School. The School Board and the City of Roanoke are filing this Application to amend the proffers regarding the property known generally as Patrick Henry High School. It is the intent of the School Board to allow full utilization of the sports stadium by the school division, while still protecting the surrounding neighborhood from any adverse impacts that may be caused by utilization of this stadium. In the initial phase of utilization, the PatrickHenry stadium served as the home footfall field for both Patrick Henry High School and William Fleming High School. As a result of the increased utilization of the stadium, a number of restrictions were placed on use of the sports stadium to protect the surrounding neighbors. However, since William Fleming High School will now have its own sports stadium facility some of these restrictions are no longer necessary. Please note below is a brief outline of the reasons for the proposed changes in the existing proffers: Existing proffer Nos. 1 and 2 to be repealed and the proposed proffer Nos. 1 and 2 to be adopted are fundamentally the same and both include the site plans and stadium plans as attachments. Any changes in the language are a result the new proffer application process. In an effort to more fully utilize the stadium facility proffer No.3 to be adopted has been amended to. allow the Patrick Henry Marching Band to practice in the sports stadium facility and to allow the school division's middle school athletic teams to use the facility. The restrictions contained in existing proffers Nos. 4, 5, and 6 were put in place to compensate for the anticipated increased use of the sports stadium facility by two high schools. . However, since William Fleming High School will have its own sports stadium facility beginning in August 201 0, the School Board would like to remove these restrictions so that both City high schools can operate their sports stadium facilities in a similar manner. City Code Section 21-43.1 prohibits the operation ofa lighted field adjacent to residentially zoned property, like the Patrick Henry Sports Stadium, after 10:00 p.rn. Therefore, the School Board is requesting that existing proffer Nos. 7 and 8 be repealed. Existing proffer No.9 to be repealed limits the use of the stadium amplification system to football, daytime varsity soccer and graduation assemblies. The proposed proffer No.4 to be adopted removes the daytime restriction on varsity soccer and expands the use of the sound amplification system to include varsity lacrosse and the annual championship games for youth football. ". - (; Existingproffer Nos. 10, 11 and 12 to be repealed-require that the school division control traffic at the Lofton Road/Guilford Avenue intersection, the service entrance at Blenheim Road as well as the intersections of Grandin Road with Laburnum Avenue, Avenel Avenue, Guilford Avenue and Lofton Road. However, these proffers were drafted in a manner that conflicted with the State Fire regulations. In an effort to maintain the intent of such restrictions and to clarify the type of traffic controls required, the proposed proffer Nos. 5, 6, and 7 have been amended. The School Board requests that existing proffer Nos. 13 and 14 be repealed because they address restrictions on the stadium prior to construction. Since the stadium construction is complete, these restrictions are no longer needed. The School Board Chair and members of the School Board have met with members of the neighborhood regarding the future utilization of the Patrick Henry stadium. As a result of these meetings, the School Board Chair has received feedback from neighbors regarding the existing proffers and those proffers being proposed. As a result the proposed amended proffers further clarify the utilization of the sound amplification system limiting its use for specific varsity sports such as football, soccer, lacrosse, graduation assemblies and the annual championship games for youth football sponsored by the Roanoke City Parks and Recreation Department. The proposed amended proffers also specifically preclude vehicular and pedestrian use of the school service road off of Blenheim Road during varsity football games. The proposed proffers expand the utilization of the Patrick Henry stadium to include practice by the Patrick Henry Marching Band. It is the hope and the intent of the School Board that the amended proffers will allow the full and effective utilization ofthe Patrick Henry stadium by the school division while protecting the neighborhood from any adverse impact caused by the stadium's use. (' ..~ \.--- (, -~ ' c o .- ...... CO o o .....J o o ..c o en ..c C> .- I ~ c Q) I ~ o .C ...... co c.. (.' (' PROFFERS TO BE REPEALED The Applicant hereby requests that all of the following previously accepted proffered conditions on property located at 2102 Grandin Road, S.W., Official Tax No. 1460101, and included in Ordinance No. 37303-020606, adopted February 6, 2006, and Ordinance No. 37696-022007, adopted February 20,2007, be repealed: 1. The property will be developed in substantial conformity with the Site Plan prepared by Rife + Wood Architects dated December 5,2005, a copy ofwhich is attached to this Petition to Amend Proffered Conditions as Exhibit Four, and the Utility Plan prepared by Rife + Wood Architects dated December 5, 2005, a copy of which is attached to this Petition to Amend Proffered Conditions as Exhibit Five. 2. The school sports stadium facility will be developed m substantial conformity with the Stadium Plan prepared by Rife + Wood Architects dated January 18, 2007, and the Stadium Sections, dated December 2,2006, copies of which are attached to this Amendment No.1 for Amendment of Proffered Conditions as Exhibits Six and Seven, respectively. 3. That the usage of the school sports stadium will be limited to high school athletics; graduation ceremonies, and athletic events sponsored through the Parks & Recreation " (' , , ( Department of the City of Roanoke, and other youth sports only. . 4. That no less than 40% and no more than 60% of all home varsity football games, in a single season, will be played during the daytime hours on Saturday, as the exact number of home football games varies from year to year. 5. That the school sports stadium may be utilized by William Fleming High School, subject to all proffered conditions. William Fleming High School's right to use the Patrick Henry High School stadium shall expire August 31, 2010. 6. That all football games played at the stadium between Patrick Henry High School and William Fleming High School, and any other City of Roanoke high school, will be played during daylight hours only. 7. That all other sporting events, other than varsity football, will begin during daylight hours; lights will only be used in the event of darkness to complete a game. 8. That school sports stadium lighting will not be used for practices and will be utilized for game play only. 9. That all sound amplification systems will only be used for varsity football games, daytime varsity soccer games, and future graduation assemblies should any be recommended by the administration of the school. ,. (,'. (, 10. That manual traffic control will be provided before and after all home varsity football games and graduation ceremonies at the intersections of Brandon Avenue and Grandin Road, Grandin Road and Laburnum Avenue, Grandin Road and Avenel Avenue, and Guilford Avenue and Lofton Road in coordination with the City of Roanoke Police Department. 11. That the intersection of Lofton Road and Guilford Avenue will be blocked before, during, and after every home varsity football game to prevent vehicular traffic, excluding emergency vehicles, from entering and exiting the Patrick Henry High School campus from Lofton Road. 12. That the service entrance to Patrick Henry High School from Blenheim Road will be locked and secured to prevent any parking or access, excluding emergency vehicles and team buses, before, during and after every home varsity football game. 13. That the certificate of occupancy for the stadium will not be issued until completion and approval by City Traffic Engineering of a traffic management plan to address event traffic and parking. Such management plan will be done subject to all other proffers contained in this petition. ( " . c 14. That the City school administration will conduct at least three public meetings regarding the design of the facade of the stadium, such meetings to be held prior to the issuance of a building permit for the stadium. This proffer will be subject to all other proffers contained in this petition. PROFFERS TO BE ADOPTED The Applicant hereby requests that the following proffered conditions on property located at 2102 Grandin Road, S.W., Official Tax No. 1460101, be adopted: 1. The property will be developed in substantial conformity with the Site Plan prepared by Rife + Wood Architects dated December 5, 2005, and the Utility Plan prepared by Rife + Wood Architects dated December 5, 2005, copies of which are attached to this application. 2. The school sports stadium facility will be developed in substantial conformity with the Stadium Plan, prepared by Rife + Wood Architects dated January 18, 2007, and the Stadium Sections, dated December 2,2006, copies ofwhich are attached to this application. 3. That the usage of the school sports stadium facility will be limited to high school athletics, band practice for the Patrick Henry High School marching band, graduation ceremonies, middle school athletics, and athletic events sponsored through the Parks & Recreation Department of the City of Roanoke. 4. That all sound amplification systems will be used only for high school varsity football games, varsity soccer games, varsity lacrosse games, graduation assemblies and the annual championship games for Roanoke City Parks and Recreation youth football. 5. That manual traffic control, to include security personnel, will be provided before and after all varsity football games and graduation ceremonies at the intersections 0 f Brandon A venue and Grandin v 1 Road, Grandin Road and Laburnum Avenue, Grandin Road and Avenel Avenue, and Guilford Avenue and Lofton Road m coordination with the City of Roanoke Police Department. 6. That manual traffic control, to include security personnel, will be provided at the intersection of Lofton Road and Guilford Avenue before, during, and after every varsity football game to prevent vehicular traffic, excluding emergency vehicles, from entering and exiting the Patrick Henry High School campus from Lofton Road. 7. That manual traffic control, to include security personnel, will be provided at the service entrance to Patrick Henry High School from Blenheim Road before every varsity football game to prevent pedestrian and vehicular traffic, excluding emergency vehicles and team buses, from utilizing the service entrance to Patrick Henry High School from Blenheim Road. 8. The City of Roanoke School Board will conduct an engineering study of its sound amplification system, within six months of approval of these proffers, to evaluate the best method and means of limiting the audio trespass of the sound amplification system and will file the results of such study with the City's Planning Office. 2 J . , rh,; , l,.- C", 148 WHEREAS, the Roanoke Valley-Alleghany Regional Commission has agreed to assist participating localities in applying for and coordinating a regional water supply planning grant from the Virginia Department of Environmental Quality to assist in development of a regional water supply plan that meets the criteria and conditions established in the Regulations. NOW, THEREFORE BE IT RESOLVED by the Council of the City of Roanoke that the City will participate, as part of a regional planning unit, in a water supply planning effort to develop a regional water supply plan in accordance with the Regulations. APPROVED ^~j~ c. Liaf~~ Mary F. Parker City Clerk C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of February, 2006. No. 37303-020606. 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 S, 2005, as amended, by amending the condition presently binding upon the development of Patrick Henry High School previously conditionally zoned INPUD, Institutional Planned Unit Development District, by deleting the proffered condition presently binding on the subject property and applying new proffered conditions to the subject property; and dispensing with the second reading by title of this ordinance. WHEREAS, the City of Roanoke has made application to the Council of the City of Roanoke, Virginia ("City Council"),' to amend the condition presently binding upon a tract of land located at 2102 Grandin Road, S.W., being designated as Official Tax No. 1460101, which property was previously rezoned INPUD, Institutional Planned Unit Development District, with a proffer, by the adoption of Ordinance No. 36795-071904, adopted July 19, 2004; ( (- 149 WHEREAS, the City of Roanoke seeks to have the subject property zoned INPUD, Institutional Planned Unit Development District, with proffers to be set forth in the Third Amended Petition to Amend Proffered Conditions; ~ WHEREAS, the City of Roanoke Public School Administration held four (4) community engagement meetings on November 17, November 22, December 1, and December 12, 2005, on the campus of Patrick Henry High School to solicit input from the community on the design of a school sports stadium on the subject property; WHEREAS, at its public meeting held on' December 19, 2005, the School Board of the City of Roanoke voted to approve the proffers as set forth in the First Amended Petition to Amend Proffered Condition filed in the City Clerk's Office on Qecember 9, 2005; WHEREAS, a Second Amended Petition to Amend Proffered Condition, addressing comments received by the City Planning Commission on December 21, 2005, was filed in the City Clerk's Office on December 23, 2005, with the concurrence of the administration of the School Division; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by 936.2-540, Code of the City of Roanoke (1979),as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a Third Amended Petition to Amend Proffered Conditions, reflecting the two (2) additional proffers made by the City at the public hearing conducted on February 6, 2006, will be filed in the City. Clerk's Office, the school administration of the School Division concurring with the two (2) additional proffers at the public hearing; WHEREAS, a public hearing was held by City Council on such application at its meeting on February 6, 2006, after due and timely ,notice thereof as required by 936.2-540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; co. (' " 150 WHEREAS, this Council is of the opinion that the proposed amendment of proffers. promotes adequate convenience of access and safety from fire and crime; reduces or prevents congestion in the public streets; facilitates the creation of a convenient, attractive and harmonious community; allows a neighborhood school to serve better the needs of the citizens who live in the area of the schooi; encourages high school students who attend Patrick Henry High School to take part in interscholastic sports and engage in other athletic activities; ensures that the athletic facilities will be more compatible with the surrounding neighborhood; facilitates the provision of adequate police and fire protection, schools, parks, recreational facilities, and other public requirements; protects against danger and congestion in travel and transportation; and encourages economic development activities that provide desirable employment and enlarge the tax base; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice require the amending of the proffers pertaining to the subject property, and that the amending of the proffers is consistent with Vision 2001 - 2020, the City's Comprehensive Plan, and for those reasons, this Council is of the opinion that the condition now binding upon a tract of land located at 2102 Grandin Road, S.W., being designated as Official Tax No. 1460101, should be amended as requested, and that such property be zoned INPUD, Institutional Planned Unit Development District, with proffers as set forth in the Third Amended Petition to Amend Proffered Conditions to be filed in the City Clerk's Office. . THEREFORE, BE IT ORDAINED by the 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 the changes in proffered conditions as shown in the Third Amended Petition to Amend Proffered Conditions to be filed in the City Clerk's Office, so that the subject property is zoned INPUD, Institutional Planned Unit Development District, with such proffers. c. c 151 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: /) 1\. """. .fi r ~ Mary F. Parker City Clerk c.~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of February, 2006. No. 37304-022106. A RESOLUTION memorializing the late Evelyn Bruce Snead, mother of former Assistant City Manager Chip Snead. WHEREAS, the members of Council learned with sorrow of the passing of Mrs. Snead on Friday, January 20, 2006; WHEREAS, Mrs. Snead was born on May 23, 1911, in Sewell, West Virginia, the daughter of the late Elliot Tazewell and Katherine St. Clair Nichols Bruce; WHEREAS, Mrs. Snead was a 1927 graduate of Clifton Forge High School and a 1931 graduate of the College of William and Mary; WHEREAS, Mrs. Snead was a longtime business woman, and was the owner and president of E.A. Snead Furniture Company, Inc.; WHEREAS, Mrs. Snead was a dedicated member of the Clifton Forge Presbyterian Church and an active citizen and civic leader in Clifton Forge; WHEREAS, Mrs. Snead was an avid sportswoman who loved the outdoors and enjoyed swimming, field hockey, horseback riding, and especially her dogs, birds, and flowers; and I I I /'" ( '">.' c:: 253 BE IT FURTHER ORDAINED that the applicant shall install removable bollards to allow AEP, Roanoke Gas Company, Verizon, Western Virginia Water Authority, and emergency vehicles, vehicular access to their facilities. BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark "Altered and Closed by Barricade" on such rights-of-way on all maps and plats on file in this office on which such rights-of-way are shown, referring to the book and page of ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this Ordinance shall , be spread. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, an attested copy of this ordinance in order that such Clerk may make proper notations, jf any, of the alterations and closings by barricade as described above on al~ maps and plats recorded in that office on which Piedmont Street, S. E., Hamilton Terrace, S. E., Riverview Boulevard, S. E., and Willow Street, S. E., appear. BE IT FINALLY ORDAINED that pursuant to the provisions of ~12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATfEST: ~~drt. hjcwV Stephanie M. Moon City Clerk (.~~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20'h day of February, 2007. No. 37696-022007. AN ORDINANCE to amend 936.2-100, Code of the City of Roanoke (l979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, by amending a condition 254 ( (' presently binding upon certain property conditionally zoned INPUD, Institutional Planned Unit Development District; and dispensing with the second reading by title of this ordinance. I WHEREAS, the City of Roanoke has made application to the Council of the City of Roanoke, Virginia ("City Council"), to amend a certain condition presently binding upon a tract of land located at 2102 Grandin Road, S. W., being designated as Official Tax No. 1460101, which property is zoned INPUD, Institutional Planned Unit Development District, with proffers, such proffers being accepted by the adoption of Ordinance No. 36795-071904, adopted July 29, 2004, and amended by the adoption of Ordinance No.3 7303-020606, adopted February 6, 2006; WHEREAS, the City Planning Commission, after giving property notice to all concerned as required by ~36.2-S40, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such . application at its meeting on February 20, 2007, after due and timely notice thereof as required by 936.2-540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and I WHEREAS, this Council, after considering the aforesaid application, the recommendation made to this COlmcil 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 amendment of the proffers applicable to the subject property, and is of the opinion that the conditions now binding upon a tract of land located at 2102 Grandin Road. S. W., being designated as Official Tax No. 1460101, should be amended as requested, and that such property be zoned lNPUD, Institutional Planned Unit Development District, with proffers as set forth in the Amendment of Proffered Conditions - Amended Application NO.1 filed with the Planning, Building and Development Qffice on January 23, 2007. , THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: I I I I (.. '--, . /-~ (~ . '. 255 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 S, 2005, as amended, be amended to reflect the proffered conditions as amended by the Amendment of Proffered Conditions - Amended Application No. 1 filed with Planning, Building and Development Office on January 23, 2007, so that the subject property is zoned INPUD, Institutional Planned Unit Development District, with such proffers. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED . ATTEST: J;qJ~h7. trrow Stephanie M. Moon City Clerk c.. ~4~ C. Nelson Harris Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of February, 2007. No. 37697-022007. AN ORDINANCE authorizing the lease of an approximately 20.4 acres, more or less, of City-owned property, being Botetourt County Official Tax NO.1 08(9)4, located in the unused portion of the City owned property in Botetourt County adjacent to the Coyner Springs cemetery, for agricultural purposes, for a term of one (1 ) year beginning March 1, 2007, and expiring February 29, 2008, with four mutually agreed upon one year renewal options under the same terms, at an annual rental of $10.00 per acre per year; authorizing the appropriate City officials to execute a lease agreement therefore; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on February 20, 2007, pursuant to 9~ 1 5.2-1800(8) and 1 81 3, 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. c ~ :..a ~ n '-./ · "'I'l' lE'IIIiI15'IIlI'IIlJI!If : ~ pi, I.!J Ijli! IIOII!4 hii!jli! : : ilBi ~gl! I I I i 1111-, I III +;,1 I . ,: ~:;l' .' Is! .I; ! i III . ~biI I. lilllnl \..,../ i 1'1' I I "1:iIJ' 'I III 'In' I, I I ~~I~'~! ;h g; jjj l.u' !lill ~~ !it '"I 59 ~j ~m~ II! I n E !~~!'! i rdji Ii ii' . liil "~ II m!~11 I'" ! mli' i!!i 'I, Lli I 1,1' I 01:' I"" Iii: II ! :1 ~ill If ' j . !irill !! I !ill; I =~l -I'lill' I I II I ii!!tJ 11"l · 11111 II lull, · Ilill I I ., I Ullii I,' ; ot! :; I ml! I '~IIIIIIII hr., ~ L I.m I, 111I01 ill'; ~@<i. I \ \i." ! \:,:" I \-1 ~/ , ,).1'11 W't I!II' I -.'1 I 1',;.." l.i i .! i! f'.-: ,: ~B 'II ! 1111..1 1,1 111'1' I II ..j'! '! 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I: : , .--...-.--,....,---.-.--...---.---------.-.--...____.___,....._..__.......__.__.._._u..__....._...__ .... ..' ! !"-'" \...j i I le- ! ! i w t.:) z ~<l: ; :=>:c CSU <(0 t;jz :CW o:z ;s::J 0:<:0 :co:<: 1-<( z>- ilr 01 ; ;:: ;:: :- (.) ~ WI-.. I. V> <l; " ",,} C\I o o ~~i~ ~1~_2 .0., ; W z ::J Cl 0:<: ,.. <( >- I 0 l/") 1- <( :::0 :=> cs <( l- V> :c "" :=> o ~l I- z o i=:t (.)~ w.. V>~ ~' N a; i \c! u a .,; I ---...---..--.-----.,---...--.-.-..-.-..------..-.-..--.----..---..--.-.-. .._~ I ~ L-.--..-.-.-y---~._____._...__~':'__"-_-..__._____'_1..~__~.-.-------.-.--t'--'~_..........._-_..._~...._ ~ v n :"d ("'" : ":../ To <marthaJranklin@roanokeva.gov> cc bcc Subject Request for Comment "Patricia" <rnkesuave@cox.net> 12/04/200905:24 PM Amendment of Proffers The Roanoke City School Board is out of control. They fired an employee when they should have disciplined the employee. Now the School Board wants to devalue prime real estate in the Grandin Road area. When Patrick Henry High School and William Fleming High School have varsity football games, it attracts every teenager in the Roanoke Valley. Consequently, it will be impossible to keep pedestrians off of Blenheim Road. Therefore, these ga'mes should be played during daylight hours. Sincerely, Patricia A. Smith, MSEd ~.."l \;l,~l r: \'.:..>f MARY CATHERINE Be DUKE BALDRIDGE 307 DARWIN ROAD, SOUTHWEST ROANOKE, VIRGINIA 24014 January 11, 2010 Planning Commission c/o City of Roanoke Planning DepartmenJ Room 166 Noel C. Taylor Municipal Building 215 Church Avenue, S.W Roanoke VA 24011 RECEIVED JAN 1 3 2010 CITV OF ROANOKE PLANr.!:\!C: :.__~~:~.;-' ANI) DEVELOPMENT Dear Members of the Commission: As Patrick Henry graduates, parents, and active members of the Boosters and PTA, my wife and I believe in the need to strengthen Patrick Henry while protecting the character of Raleigh Court. We support the amendments to the proffers for Patriot Stadium. In reading the proposed changes, they serve the best interests of both the school and the neighborhood. How can these changes serve both parties? 1. The interests of both are mutual; the school needs a good neighborhood and the neighborhood needs a good school. A quality sports program is a significant part of a thriving school. (We have seen this work very well elsewhere in the valley). 2. The amendments attempt to limit changes to noise and traffic which have been the primary concerns expressed by neighboring property owners. Why make this change now? 1. Patrick Henry High School is trying to be a good neighbor and has worked hard to maintain the new facility. This is creating school pride and has led to a significant increase in the number of students playing sports. Students who participate in sports in Roanoke significantly out-perform their peers academically. Keeping our students on the field increases academic performance and raises property values. 2. The school day ends later. More athletes with less light have created a problem. 3. The stadium will now be used by one high school - not two. There has been a concern about this becoming a community stadium. These amendments and the opening of the new William Fleming stadium effectively end that concern. Raleigh Court and Patrick Henry need each other to thrive. A critical step is using the current facility to its capacity so our student-athletes can excel. Thank you. ()pLt; t;) I ~ ~ ~J ~ Jr/;a-IO Jan.18.2010 4:03PM BARNES & ASSOC C 6N~~)J~3", f .:..1.;0 Stewart L Barnes 2314 Rosalind Avenue Roanoke. virginia 24014 540.345.0610 Jan\lary 18, 2010 Planning COlllmission C/O City of Roanoke Planning Deparonent, Room 166, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011 ViA. FA,c.'&t /VllLL.. Ladies and Gentlemen: Re: Request to Amend the Proffers for the Patrick Henry High School Stadium I am writing is support of the proposal to amend the proffers for the Patrick Henry High School Stadium. The school day shift that occurred this year to streamline our school transportation and . start and end times has seriously hindered our sports teams' ability to practice after school. The high school has effectively lost an hour of daylight practice time. We have a great facility that has lights, but we cannot use it. We, the tax paying citizens of Roanoke City, bui It this stadium for the kids to use, but they cannot effcctively use it. We need to fix this as soon as possible. Thank you for your reasoned consideration ofthis request. Sincerely, President, Patrick Henry High School Athletic Boosters Assocjation Brenda L. McDaniel 2037 Carter Road Roanoke, VA 24015 Roanoke City Planning Commission Room 166, Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 Dear Planning Commission Members, As a former member of the Roanoke City Council who voted for the original proffers pertaining to the uses allowed, lighting and sound amplification for the new Patrick Henry High School stadium, I am writing to ask that those proffers not be repealed and amended as requested by the Roanoke City School Board. As plaImers, you know that proffers are the most effective tool available in trying to reach a compromise on a land development project that does not quite meet the zoning requirements or the desires of nearby neighbors. As a resident of Raleigh Court who lives only three blocks from Patrick Henry High School and as a member of City Council at the time, I was quite pleased to see the proffers developed and agreed to which made the construction of a sports stadium less objectionable to a skeptical neighborhood. From both perspectives as resident and Council member, I took those proffers to be promises of concessions that made the negotiations possible. I believe that in the two years that the new stadium has been functioning, most residents of Raleigh Court consider the stadium to be an asset. But it is the original proffers that make the stadium a friendly neighbor rather than an unwelcome nuisance. Eliminating and changing those original promises will likely reverse that tranquil co-existence. If proffers come to mean nothing and are made only to be broken once a project is completed, they will lose their effectiveness completely, exacerbating an NIMBY attitude that can be detrimental to a city's progress. Approving the Patrick Henry petition will forever leave residents of Raleigh Court and other city neighborhoods untrusting and skeptical of promises and proffers made. This is especially true if the proffer changes are approved over the objections of the neighborhood. I urge members of the Roanoke Planning Commission to reject the school board's petition to repeal the existing proffers. Sincerely, Brenda L. McDaniel Member Roanoke City Council, 2004-2006 ~ C. Susan Koch, President, Greater Raleigh Court Civic League "maureen" <meiger@cox.net> 01/20/201005:46 PM To <Martha.Franklin@roanokeva.gov> cc bee Subject Jan 21st meeting info /3SfJ!f.Jfj ~ '-/ 15 7hl.I/~ rn () '1 Please read the following letter at the Jan 2151 Planning Commission meeting and have it entered into the record. I will not be able to attend as I have to work. Jan 20, 2010 Dear Planning Commissioners: My name is Maureen Eiger. I live on Mt Vernon RD SW behind Patrick Henry High School. I have an unrestricted view of the playing fields and the stadium. In fact I have stadium lights shinning directly into all the rooms facing the back of my house. My two main concerns are the noise and the school violating the existing proffers and city code. I have measured the sound levels emanating from the stadium with a professional decibel meter. During football games they average about 85+ decibels on my deck and 45 to 55 decibels inside my home. Needless to say you can't sleep with noise that loud inside your bedroom. In all the rooms in my home you can hear the P A and band when they play. I have asked several friends if they hear noise from the stadium so I know the band can be heard from the Brambleton Ave. and Overland intersection to Lansing Drive and probably more areas than that. I went to a football game and found the sound system was louder outside the stadium than inside the stadium. So what has been created is a stadium that amplifies sound not attenuates it. This was not expected nor promised when the first proffers were put in place. But needs to be taken into account today. I can clearly hear the football practice whistles and commands while sitting on my front porch. This goes on until 8pm or later. If you allow the PH Marching band to practice in the stadium and you give unrestricted use of the stadium lights who is to say that the band wont start practice at 8 or 9pm? After all the stadium is being used for football practice up until dark so one must presume that the band will use it after football practice at night, or maybe we will have 2 or more hours of band practice every weekend. Neither scenario is very appealing. Every year the school keeps violating the existing proffers already in place. In the first year, Proffer #3 "about the stadium's use" was violated with Parks and Rec using the PA and stadium for Cheerleading and this past fall (2009) the Calculus Class used the football stadium to have a "picnic" on a Sunday afternoon. I do not believe a picnic is an athletic event. And what event happened last fall on a Thursday night that used the P A and lights but was not listed in the paper as a game going on? Proffer # 7 is also often violated. "Lights will only be used in the event of darkness to complete a game." This past spring season, the lights were on for soccer and lacrosse games in broad daylight! For one game, the lights were also on after 11 :00 P.M. Last year the lights were on (for games only) from the 2nd week in March to the middle of May for a total of29 days. rfyou allow unlimited use when will they be off? That brings up the City Lighting Code Sec.2l-43.l that prohibits the stadium lights on after 10pm. The School has repeatedly violated this code. Almost all the football games so far this year had lights on after 10pm. Also the band played and the P A was used after 10pm. Since this has been an ongoing "problem" why hasn't the school addressed it? Why hasn't the city enforced this violation? r personally have called the police. Why can't they just turn down the volume knob on the PA? Fix the problem by starting games on time and/or 15 or 30 minutes earlier. Games should then be over before the 10pm curfew. Schedules can be adjusted, after all Flemming had all their "home" games scheduled for Sat afternoons. r think we deserve a break. Leave existing Proffer #4 in place. Those of us who are stuck now living next to a football stadium expect a certain amount of noise and commotion on game nights, but couldn't the school be considerate enough to hold picnics elsewhere? Give us someone to call at the stadium to tell them to turn the P A down. Can't we have Sundays free from stadium activities? r wonder. .. why allow new proffers when the school does not abide by the existing proffers or city code? Maybe this is the time for the Planning Commission to say, "Learn to obey the existing proffers before you propose new ones." Does the Planning Commission have any clout? You put proffers in place but they weren't followed. rfyou call the police while a violation is happening they do nothing to stop it. rfthe police won' t protect us and stop an illegal event at the school then why have proffers or City Codes? What will the repercussions be when developers find out the school violates proffers and gets away scott free? r say think very hard before you make any changes. Make sure you are very specific because apparently the school needs more guidelines not less. Maybe the school should bus the PH band and all the middle school students to the new non-residential area football stadium at Flemming. Maybe they should try that first then come back and ask for changes if it doesn't work out. r am asking you to table the new proffers. Leave the existing proffers in place. Right now the existing proffers are the only protection against noise the neighborhood has. Once any new proffers are approved, there is no recourse for any Citizen to complain or change them~ The school can always resubmit a request for this version or some other version again. Ask the school to show good faith and fix the problems we know of before creating new ones. ~#~ ~.(. My name is Connie Ratcliffe, Principal at Patrick Henry High School. I want to thank Council for their ardent support of our schools and publically thank the Raleigh Court neighborhood for their support of Patrick Henry. I do believe our citizens want the best for our schools. Patrick Henry High School has become a center of the community and I know of at least two families who have moved into the PH attendance zone from outside the city specifically for the quality ofthe school. All of the factors that make up a quality city - safe streets, high paying jobs, strong neighborhoods, etc. - emanate from a strong educational premise. I was not at PH when the proffers were written, but I have worked in the Raleigh Court neighborhood for the past 1 ~ears. I believe that the exclusion of lacrosse when designating the sound system usage was an oversight rather than a deliberate action. I believe that this should be corrected. I also believe that changing the end times of the school day from 2:30 till 3:30 poses a hardship on practice times that can be corrected and stay within the spirit ofthe conditions which is maintaining a neighborhood atmosphere and not an intrusive commercial atmosphere. We want to be responsive to the concerns ofthe neighbors and I believe we have been responsible in investigating and investing in alternative placement of speakers, electronically governing the system and allowing usage only for games. In these extremely difficult budget times, I hope you will be responsive to a budget neutral request and what is best for the students and in turn, help make our city stronger. IES. CommercIal VA. ST. REG. A-6255/ N.C. ST. REG. 8762-U I S.C. ST. REG. M-91097 Formerly Newcomb Communications P.O. Box 11924 - Roanoke, VA 24022 (540) 342-5498 - (800) 833-0094 A TTN: David Carson, Connie Ratcliffe JOB: Patri~k Henry Stadium Sound Modifications Dear Mr. Carson and Ms. Rat~litT: This letter is to follow up on our meeting at the Patrick Henry High School Stadium. The meeting was to discuss tbe issues involving the P A system and any noise trespass to the surrounding neighborhood. Being involved with this project from its inception and very familiar with the sound portion of the facility, I otTer the following background information: When the facility was opened there were complaints about the volume of sound in the neighborhood opposite the Grandin Road and Brandon Road side of the Stadium on Mount Vernon Road. IES was requested at that time to make some measurements of the sound levels in and around the Stadium. (See the attached letter.) The results of that sound study found that the sound levels were well within industry tolerance levels. The PA system measured levels lower than the levels of the band and the crowd at all measuring points which is unusual and contrary to what is usually preferred by our customers. At that point IES configured the PA system to limit the amplification levels to insure the sound would not go a bove a certain volume. Since that time I have received one phone call from a neighbor but after a few minutes of discussion I realized that the neighbor's concern was the marching band and not the P A system. When we meet last week to discuss the issues involving the P A system, I was informed that there were stiD some complaints from the neighbors regarding noise trespass. In an effort to address these concerns, IES is planning to defuse the sound by relocating the loudspeakers in a way tbat will further reduce noise trespass and will at tbe same time increase the effective noise levels within the stadium. In my opinion the current difficulty in hearing the PA system within the stadium is a product ofambient noises and not the PA system itself. Furthermore, the decision has been made by the School Division to move the band to the opposite end of the bleachers. This move should help deflect the sound from the instruments thereby reducing the noise. trespass to the surrounding neighborhood. I believe that the combination of moving the speakers for the PA system and the moving of the band should reduce the amount of noise trespass from the stadium to the surrounding neighborhood. If there is anything else we can do to help on this m Thank you, Jim Hogan 540-342-5498 office 540-510-3432 direct 540-874-6280 cell Jim.hogan@ies-co.com ~~.;~'^'O rk<'t.~~;~~~;f] ~ ' .~~~-~~~f=~~"~,~~;"~~~~!~j!9!,~~e"c:,~,i?:~lg~y~j t ~~~:~~~~y~~~munication VA. ST. REG. A-6255 S.C. ST. REG. M-91097 Newcomb Communication - P.O. Box 11924 - Roanoke, VA 24022 (540) 342-5498 - (800) 833-0094 - FAX (540) 342-7512 January 10, 2008 Sound Level results for Patrick Henry Football Stadium The following are test results for the Stadium Sound System. These measurements were made on the last home football game on Saturday November 3, 2007 in the late afternoon. The weather was clear and the temperature was about 60 degrees. The measurements were madewith a TerraSonde Audio Tool Box. This unit was calibrated prior to testing. I have included a document with this report that gives a description of sound levels and there effect. Measurements were made at the stadium and the surrounding areas and measured in dbA. Levels were made on the announcer and the band and are as follows: Stadium Level Announcer 72dbA Band 74dbA Outside of Stadium at the entrance side Announcer 60dbA Band 63dbA Behind the bleachers on the home side in the alley Announcer 64dbA Band 70dbA Brandin and Grandin Roads Both areas were below the traffic levels and below 50dbA for the band and the announcer. ~I;€~~ ~yv 0 r k "" \i:~~~;;:,;_~~:J@~~r~~i>i'J~:~~~":1 J ,,~;:~t:::;:;~'~ :'~: ~:~~n'n.._~;;.~~,~;~:~.i~~I;;~~~k~J:~ t~~~:~~~~y~~~munication VA. ST. REG. A-6255 S.C. ST. REG. M-91097 Newcomb Communication - P.O. Box 11924 - Roanoke, VA 24022 (540) 342-5498 - (800) 833-0094 - FAX (540) 342-7512 Page 2 MtVernon Road Measurements were made at two locations on Mt. Vernon and were the same at each area. The Announcer would peak at 51 dbA and the band would occasionally reach 62dbA. That seemed unusual that the sound was as loud as it was at that location but there is a clear line of site to the stadium. Although these levels are heard they are not in any way uncomfortable or capable of causing any hearing damage as you can see when referring to the document that accompanies this letter. We have set limiters on the sound system so the levels will not exceed the recorded levels without the sound becoming unintelligible or distorted in sound. . If any further information is needed please let me know. Thank You, Jim Hogan Newcomb/IES Communications Division 540-342-5498phone 540-342-7512fax iim.hogan@ies-co.com )~s-- } ~ ~'^' 0 r k .. \~'C,~';.!""::]~iti!~~ .'~ ' >,':-~~'~~ef:\;;';::r"'''' .. '.~ c~n~~,~.!:'~'tg'.'!.!t!>..!~'>~'J!!!::!f.:~~,~'l_"--~t~~~-~:-J t~~~:~~~~y~~~munication VA. ST. REG. A-6255 S.C. ST. REG. M-91097 Newcomb Communication - P.O. Box 11924 - Roanoke, VA 24022 (540) 342-5498 - (800) 833-0094 - FAX (540) 342-7512 · Decibel Table - Comparison' Chart · Table of Sound levels and corresponding Sound Pressure and Sound Intensity- Units and Values To get a feeling for decibels, look at the table below which gives values for the sound pressure levels of common sounds in our environment. Also shown are the corresponding sound pressures and sound intensities. From these you can see that the decibel scale gives numbers in a much more manageable range. Sound pressure levels are measured without weiqhtinq filters. The values are averaged and can differ :1:10 dB. ...-- ---...---------~-~.----,,---.--..--- I Table Of. sound levels L and corresponding . sound pressure and sound intensity "---~;;;"Ple~- isound pressureISound pressurelsound IntensitY-', : I Level Lp dBSPL I N/m2 = Pa W/m2 I "j -T-;-----fi-50 ------.---- f20o------j16I--------..----. ~~~~T~waL----c .. . .. . .~3.~---F%O--:1 ~~~~~1~.! ~i~:~~~1---- ~Ws----i~. f----J .-...---.-..-.----------....---.........--..--- -..--.------...-rr----.---. I Qisco~~~om speak~ __ p.Q1-__ _~ Diesel truck, 10 m away . 10.63 l(J.001 I 'Kerl:>'Side-Ofbusyroa-d~'5m--l - IQ2------'----To.oocH--...---------l Vacuum.cleaner,-distance 1 mllo.063---'---'--16.00001-u- -"'-i f~~~~~~~!~~_~C~e~~~~h!..~1~_.~J . T~ O?=~~~=-.__~=~.~: OOO_Q~'C~~.=_~:~~_.'..-. ~v~r~.~~.._~_~,m~__._ ______.... __ _..10.006~__._._______..__~.9_QQQ~__. ..-1 Q~l~~_.~~~~~~_.__._____ . 10.002. 10.00000001 ! 'Quiet bedroom at night -'- 10.00063------"!()]ooooooo"f-----i ,... ----.....-. ---.-. .........---.-..--.-----.-.-.........-. '.--'1 r.-.--.---.-.......---.....-"-t-..-.---- ..u..,... ..---! Background in TV studio 10.0002 '0.0000000001 I . ....-_. .....-.___....._.._._.__............._._....._....._ __ ! I . ~ .13~_~~I.i.~_~..!~~f..__. ._____...__,_~ 16-'-6oo-b6...3.-~=~lo~oo~~Q90QOO I==.l Threshold of hearing! 10.00002 !0.000000000001 I .- - .--- ..- .-..'-......---...-.----........--..---------.----------..--n_.....__..,____._."___.___ ..... ..__._..__. ... .J .,.\::::~~?~~fii~~~ c0J1n,..c't,'.'!1!.;.:'ro;:C:}f'!.\t~;.';~{!",-C!~~'!;t;!J1'--~t~l'X\:7:.::1 t~~~:~~~~y~~~munication VA. ST. REG. A-6255 S.C. ST. REG. M-91097 Newcomb Communication - P.O. Box 11924 - Roanoke, VA 24022 (540) 342-5498 - (800) 833-0094 - FAX (540) 342-7512 ,." -..-'-' . ~. .,-..' \ <I-E"S '- ~..~ ~yv 0 r k A given sound pressure level Lp in dBSPL without the measurement of the distance to the specific sound source is useless. The reference sound for 0 dBSPL pressure is Po = 20 IJPa = 2 x 10-5 Pa, the threshold of hearing. (The reference sound intensity is 10 = 10-12 W/m2.) These values are not given as dBA, but as dBSPL, that means without any weiahtina filter. L" = 20 Ioglfl C:) ill dB = LI ~ 10 loglO (:J ill dB Differentiate between sound pressure p as a "sound field value" and sound intensity 1 as a "sound energy value". I ;::;p2 The sound pressure level decreases in the free field with 6 dB per distance doubling. That is the 1/r law. Often it is argued the sound pressure would decrease after the 1/r law (inverse square law). That's wrong. The sound pressure in a free field is inversely proportional to the distance from the microphone to the source. p - 1/r. Relation of sound intensity, sound pressure and distance law: r--"'-""" .-.---.-- .....---. ......- .__.._,... "'-"C-'-- I .) 1 I I ,'-, p- .-..... /) ! r~ I I I I From this follows ; 1 p.-..... - r ~=-~~~'Ot;'..~~~;."X~f::::~.."'re.~~W~.:w:: Note: The often used term "intensity of sound pressure" is not correct. Use "magnitude", "strength", "amplitude", or "level" instead. "Sound intensity" is sound power per unit area, while "pressure" is a measure of force per unit area. Intensity is not equivalent to pressure. "'- '-'".,..~, ~ Jr'I""E-S'''''-"fSI e t""vv 0 r k ..... 8-~ ...,g I=-. =I Newcomb Communication t ~ Information Technology Division VA. ST. REG. A-6255 S.C. ST. REG. M-91097 Newcomb Communication - P.O. Box 11924 - Roanoke, VA 24022 (540) 342-5498 - (800) 833-0094 - FAX (540) 342-7512 ~~,~rl~I}~J~ . c;~rm",;,t',.~_ 'P.'f'll.tJ.~~,-"ei.J_"'.;?:cf;":'!:'!co!..~~~.j dB scale for field values, like volts and sound pressures 20 35 40 45 50 55 2 4 6 8 1{) 20 40 60 80 100 ratio The sound pressure is the force F in newtons N of a sound on a surface area A in m2 perpendicular to the direction of the sound. The SI-unit for the sound pressure pis N/m2 = Pa. p - 1/r. L~~~~~~~~~~~~~~~~:~~~~ to d~~~t~~7~~~~~J How loud is dangerous? r---.--------r-..---.----------.---.-..----------------'...-.......---.----...-------.-...--- ------! (190 dBAIHeavy weapons, c. 10 m behind the weapon (maximum level) I '..-....-..-----...r,:::-..---...-.----.----.--------......-----------...--.-.-.-.'-.-'------.-j 1180 dBA/Toy pistol fired close to ear (maximum level) ! l~';o-~~A ls"lap on the ear, fire crac~er explodes on shoulder, small arms .----1 I l~~ a distance of c. 50 cm (all maximum level) I I I ,--.--.....-.....-.[-.----....----.--....---...-.-----....-......--.----......-.----...-----.--.........-.....--...--..-...---.-.-.....--....---...-.---..---..--...-, 1160 dBAIHammer stroke on brass tubing or steel plate from 1 m distance, 1 lairbag deployment very close (30 cm - all maximum level) I f. -------...-[.-..-.-'...-..--........--.--.-----....-.--..-...---------------..--..-----... .-.-----! 150 dBA Hammer stroke in a smithy at 5 m distance (maximum level) I ..- -. .-.. ---r------.--..---------------.------.----.....---------------.---. . -'--"---i i130 dBA Loud hand clapping at 1 m distance (maximum level) I ,. ...... ---....r--..--.-..--...-.--.-....-----..-..-----------..---...------...------....-----.-.-.....-._, 1120 dBAIWhistle at 1 m distance, test run of a jet at 15 m distance ., - --...---r,;:..-'-.----..-.........----...---------..----..---.--..'..----.--.--..--....-.-------...-.-----. IThreshold of pain, above this fast-acting hearing damage in short action is possible.! ..-.- --r,...-..--..-.-----...--------.----..---...-------------....---'''''--'''''---''-1 115 dBA ITake-off sound of planes at 10m distance I -...........-.---.F-.--.-....-......-.-...---.'.---.--.-------.....----.-..-..--..----.----,-.-.-----...-.--..----.-..-.--, !Siren at 10m distance, frequent so~~d level in discotheques and close I 110 dBA Ito loudspeakers at rock concerts, Violin close to the ear of an orchestra : !musicians (maximum level) ! "- ".-. .. .'." -..-- ----~^-------------,---~.__.._--~-------_._-----_._-~.--------..-----.-----..----j 105 dBA !Chain saw at 1 m distance, banging car door at 1 m distance (max. level), ! Iracing car at 40 m distance, possible level with music head phones I . ..--.-'....-fi----.---.....-.--..-..-.---....-.-----...---...-----------.--....--.....-.--,----.--..........--.1 100 dBA IFrequent level with music via head phones, jack hammer at 10m distance I -95dBATLoudcrying,ha-rid-Circular"'saw at -1mdlStanCEl.-----------. .-- . --. ...---../ .. .. -.. ---1-"''''-- ... ......--.- -- ...- .--...--......... .--..-...-.....- ..- .-., ..-- -........-- .......-...-..-.-....--.....-.--........... - ..... --....- ........ -- - '..- ......, 90 d_~~t~~~~~_~!i~~_~r.~~.~~~~:..a~1_~..~sta~~~_. .___.__.______.__,.___._,.. ___......_.. . ~_ I .' .-~- - -.. '~----.-._.- ---'.-- ~----_.._~ ._-_.~. . ....:,,~c"'~ c;'::--'\-- <r'E'S~,~~o r k 'J I=-. ~Newcomb Communication t --:I Information Technology Division VA. ST. REG. A-6255 S.C. ST. REG. M-91097 Newcomb Communication - P.O. Box 11924 - Roanoke, VA 24022 (540) 342-5498 - (800) 833-0094 - FAX (540) 342-7512 ... .~......... r'" '.... .........._.".,..._~.'..- ... .......,..,...,....................-.,."....-....... ..-...."'.................,,,--...,,.,.......,.-...,.--....-......-..................,......,... .........~.....-....-.. ..,.....-.......,,,.., ....'.........; lOver a duration of 40 hours a week hearing damage is possible i i'Ss'dBA"!2:stroke-chali1:sawai1o"m'(jistance-:!ou(j-WCfluSh....ai-1-m-distance''.'-.''.....----.--..--,..,............., ..., . '-.-..... f--~'" .....,........_- ,,,-''''. ..-,..,......-..-.....-.......-..,-...........--,..,---...........-...---..".....-....-,..-.....,.................-..........-..-.."....,.....'.......'..-...-........'..."--.....-.,. 80 dBA IVery loud traffic noise of passing lorries at 7.5 m distance, I lhigh traffic on an expressway at 25 m distance ! ! I ......,___.".;--__.,.__,,_.__^_.__..'-_..__".^_~,_..."...~___.__...~..___..."_..__".__.._.__^_'"___".____",___~____.~.___.~._..._."..__....___".._._._____~~_.~,_.~..,...._~_._"___o..._...."______~_~""_____. '___"_.._.._' ~.__."_"'_ i I 75 dBA !Passing car at 7.5 m distance, un-silenced wood shredder at 10m distance I , ! I r-'~'--' ',......._-~_._,-, ......._'w...,~"._w_~,.._."""'_~~"""_ .~___....'__...,M.".__..,_'"___..,,_"~~___.__.."_"__._"_..___.--....--"----~--..---~""--,._...-"'-._~-.,.-,,-,--._,--"-~..._--'''-~~~-~,.~"^-..,.~..." """-'--.~i i 70 dBA lLevel close to a main road by day, quiet hair dryer at 1 m distance to ear ! ....,.... .. .,;.................~..........._....-.._........._...............".............-................-...................--..-..-.-......--__.._.c._._................__......,_.._.._.__..__......._...,....-...,. ._.1 65 dBA IBad risk of heart circulation disease at constant impact' I _-.'-___ ~._'~_m__>.._~._._.4._'_"...._.._,,___._..___..._:...._~_,,_._..n~'___~,_..__,.._.~_...~_.____.__._~__.___~_._,__~,_,.___._~"-.__~____._._..__.__~_____~__.~~__ _ __ c ____ 'H____..~~__.... ._~! ! 60 dBA lNoisy lawn mower at 10m distance I ;--. - ...~_._. .....-.... f~...._._--"-"-_.>~,..--"~""-~- ,-""---,~...._-'"-_....--,~~._------...._.__...----_._"'--_._---,-.....-.----.-..-"--..-.-.-'...-~-.~-~--.>_._---"'-~.-----~-_._-'-.--.-._-"'-""-".,-"._,.."------'"~-~l I 55 dBA ILow volume of radio or TV at 1 m distance 1 m, nOisy vacuum cleaner at I I .!10 m distance I I, 1 r' .......... .............."'..........-..-....'.....-...................-.. ......-................-........--...............-.-.....--...-.................,......_..._........_.._c,..._.._.._.._.,.. .--.......--....-........--.......... ....; I 50 dBA !Refrigerator at 1 m distance, bird twitter outside at 15 m distance I '.......-....-.......r.......... ,......-............,.........-......----...,-,.-..-..........----,....-,---,....-----..--.--..-......--..-.........,.. ...'..-.--.......--...--..\ ! 45 dBA!Noise of normal living; talking, or radio in the background I (- _.._~.- "~,-'"'-~.~._. i-'.~._._.~'-_.-...--"--_.._---...__..._.., . --~-^'---------~'".----""-~-'"---~-,._--.._--."<-.-.-..~--"-----..-_.~..;._.._..."'._._..____"_"~~.____'"'_"'_..__w>_,..~.__~N.__,_...~--.,-.-~---~>~ ._._. ...,. --.-1 i 40 dBA [Distraction when learning or concentration possible . I 1" ,. ...._.. ..- "'- ~._.~.... r"'-..---..~.._"."--~,...._..~._...._...,,...,---...._~,...."~---~'..-"--',," '~"'-'-"""-_...--"". __...__..._.......__....._.__..~..._d.~__...______.".__.....---_.__.--"......".."_...._.-'~-"--"~'"-"-....~........ .._,.-~.~.-- .....~, ..._._ _.~__ ,.._._....___._.._n._._. t : 35 dBA IVery quiet room fan at low speed at 1 m distance I r .2.5dsA.!Sound.oTbreath.i-ngat'1-mciistance..---....-......-.....-..,....-----,....--,.......,..---,.--.......-....--........ -..... ..., O.d~~~t~~~~~ry~i!1r~~~~~i~=~:=_,=..===~~.==~~~~.==.===.~....=~...:===..~~===.=:=.==-==::.~:::~_=-..:=~-.....:.==::~.=:] Thank You, Jim Hogan Newcomb/IES Communications Division 540-342-5498phone 540-342-7512fax iim.hogan@ies-co.com The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times --------------------------------------------------+-----------------------~ /toofball;(5 Plialrri'iinuall traffrc control, to include i secu!ity personnel,. will b.e . provided before and. alier lall varsity football games I' and graduation cetemonies at the Intersecfions of Brandon,.A.venue and Grandin Road" \'randin Road and,laburnum Avenue, Grandin Road and Avenel Avenue, and Guilford Avenue and lofton Road in coordination with the City of Roanoke Police Department; (6) That ~anualtrafflc control, to Include security personnel will be provided at th~ intersection of lofton Road I and Guilford Avenue before j during, and after every varsity football game to 'I prevent vehicular traffic ex~luding emergency 1 vehl~les., f.rom .entering and eXiting the Patrick Henry High School campus from [-~'fion-R o ad;( 7Tt-haC" manual traffic control, to I include security personnel,' . will be provided anhe I service. entrance to Patrick Henry High School from I Blenheim Road before every i varsity football game to j prevent pedestrian and vehicular traffic, eXClUding.' emergency vehicles and team buses, from utilizing the service entrance to,\ Patrick Henry High School' from Blenheim Road; and \ '1(8) The City of Roanoke i School Board will conduct:1 an engineering study of its sound amplification system, I within. six months of: lapprova.f'OftheSe proffers, I' to evaluate the best method r! and means of limiting the-. laudio trespass of the sound J amplif.ication system and" Iwill file.lhe results of such '.j ,stUdY with the City's, . Planning Office, ; A b'apy of the application I is av~i1able for review in the 10fffce of the City Clerk,. 'R'oom 456, Noel C, Taylor. IM4ricipal Building, 215'j .Ch.u.r.ch Avenue, S.W.,: Rda.noke, Virginia. I "II parties in interest and I citizens may appear on the la.bove date and be heard on I ,\he,maller. If you are a , IP..,erson with a disability who .' rie'eds accommodations for.: thIs, hearing, please contact J' the ,City Clerk's Office, at 853.2541, before noon on I Ithe Thursday before .the , . date of the hearing listed I above. \ GIVEN under my hand this : 27th day of January, 2010. ; Stephanie M. Moon, CMC , - - - - - - - - - - - - - - - - - - - - - - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ + _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . C!ty Clerk. ! (11937204) ROANOKE CITY SCHOOL P.O. BOX 13145 ROANOKE VA 24031 BOARD REFERENCE: 80156684 11937204 NPH-Roanoke City Sch State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of ViF.~~' Sworn and subscribed before me this __~_~ay of Feb 2010. Witness my hand and of~al seal. --~~ Notary Public PUBLISHED ON: 01/29 \111"11'", ,\ EN " ", ~c HI:' I" ,'h,.. . . . . '. ....'A - .., " t - .. .. r~ , ~..~~ ."N()"li\P.Y ....~-:;. .. "" Ie . -, " .. l" : Fub... ... -,-- 'Jw" : : REG 4t332964 : ~ : : *: w COMMISSION ::s = ~ a .. ~P\R : ;;;e = ~a'.. J ..'~~ ......~_.... ...._,,[f-,... ',''70. '.. . ~ ~ , . ""1 WWEAL1\1 G "....' """111\\\\\ 02/05 TOTAL COST: FILED ON: 979.68 02/05/10 Authorized ~~. Signature:__~______(J : NOTICE OF PUBLIC I. HEARING . The Council of the City of Roanoke will hold a public hearing on Tuesday February 16, 2010, at 7:00 p,m., or as soon thereafter as the mailer may be heard, in the Council Chamber, Jourth floor, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke Virginia, to consider th~ following: Request from City of Roanoke School Board to repeal Ordinance No. 37303.020606, adopted . February 6, 2006 and .0 r din a nee 'N 0 '37696.022007, adopted February 20, 2007, to the I extent that thllY placed c~rtain conditions on: property being Patrick Henry High School, located at 2102 Grandin Road S.W., Official Tax No: 11460101, and replace them with the following pr.offers: (1) The property Will be developed in I,substantiar conformity with .th.e Site Plan prepared by fRrfe + Wood Architects idated December '5, 2005, land the Utility Plan prepared by Rife + Wood IIArchitects dated December 5, 2005; (2) The school sports stadium facility willi be developed in substantial conformity with the Stadium Plan,prepared by Rife + Wood Architects dated January 18, 2007'1 I and the Stadium Sections, . dated December 2, 2006; . (3) That the usage of the. school sports stadium facility will be limite'd to high school athletics, band, . practice for the Patrick Henry High School marching band, graduation) ceremonies, middle school athletics, and athletic events sponsored through. the Parks 8< Recreation Department of the City of Roanoke; (4)That all sound amplification systems will be used only for high school varsi.ty football games, vars.rty soccer games, varsity. lacrosse games, graduatIon assemblies and! the annual championship games for Roanoke City ,~arks and Recreation youth Billing Services Representative .~ ?~~o NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will hold a public hearing on Tuesday, February 16, 2010, 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 City of Roanoke School Board to repeal Ordinance No. 37303-020606, adopted February 6,2006, and Ordinance No. 37696- 022007, adopted February 20, 2007, to the extent that they placed certain conditions on property being Patrick Henry High School, located at 2102 Grandin Road, S.W., Official Tax No. 1460101, and replace them with the following proffers: (1) The property will be developed in substantial conformity with the Site Plan prepared by Rife + Wood Architects dated December 5,2005, and the Utility Plan prepared by Rife + Wood Architects dated December 5, 2005; (2) The school sports stadium facility will be developed in substantial conformity with the Stadium Plan, prepared by Rife + Wood Architects dated January 18,2007, and the Stadium Sections, dated December 2, 2006; (3) That the usage of the school sports stadium facility will be limited to high school athletics, band practice for the Patrick Henry High School marching band, graduation ceremonies, middle school athletics, and athletic events sponsored through the Parks & Recreation Department of the City of Roanoke; (4) That all sound amplification systems will be used only for high school varsity football games, varsity soccer games, varsity lacrosse games, graduation assemblies and the annual championship games for Roanoke City Parks and Recreation youth football; (5) That manual traffic control, to include security personnel, will be provided before and after all varsity football games and graduation ceremonies at the intersections of Brandon A venue and Grandin Road, Grandin Road and Laburnum A venue, Grandin Road and A vene1 A venue, and Guilford Avenue and Lofton Road in coordination with the City of Roanoke Police Department; (6) That manual traffic control, to include security personnel, will be provided at the intersection of Lofton Road and Guilford Avenue before, during, and after every varsity football game to prevent vehicular traffic, excluding emergency vehicles, from entering and exiting the Patrick Henry High School campus from Lofton Road; (7) That manual traffic control, to include security personnel, will be provided at the service entrance to Patrick Henry High School from Blenheim Road before every varsity PH High School-Repeal & Replace Existing Proffers.doc 1 football game to prevent pedestrian and vehicular traffic, excluding emergency vehicles and team buses, from utilizing the service entrance to Patrick Henry High School from Blenheim Road; and (8) The City of Roanoke School Board will conduct an engineering study of its sound amplification system, within six months of approval of these proffers, to evaluate the best method and means of limiting the audio trespass of the sound amplification system and will file the results of such study with the City's Planning Office. A copy ofthe application is available for review in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at 853-2541, before noon on the Thursday before the date ofthe hearing listed above. GIVEN under my hand this 27th:lay of January ,2010. Stephanie M. Moon, CMC City Clerk. '" PH High School-Repeal & Replace Existing Proffers.doc 2 Note to Publisher: Please publish in The Roanoke Times on Friday, January 29, and Friday, February 5, 2010. Send Publisher's Affidavit to: Send Bill to: Stephanie M. Moon City Clerk 215 Church Avenue, S. W. Room 456 Roanoke, Virginia 24011 (540) 853-2541 Curt Baker Roanoke City Public Schools P. O. Box 13145 Roanoke, Virginia 24031 (540) 853-2381 F (540) 853-2951 NPH-PH High School-Repeal & Replace Existing Proffers. doc 3 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov STEPHANIE M. MOON, CMC City Clerk JONATHAN E. CRAFT Deputy City Clerk February 3,2010 CECELIA T. WEBB Assistant Deputy City Clerk To Adjoining Property Owners Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Tuesday, February 16,2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on the request of the Roanoke City School Board to repeal proffers set forth in Ordinance No. 37303-020606 adopted February 6, 2006, and Ordinance No. 37696-022007 adopted February 20, 2007 by Roanoke City Council that placed certain conditions on property located at 2~02 Grandin Road, S. W., being the Patrick Henry High School. 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. S'ncerely, .r IY). Yh.'lh0 S ep anie M. Moon, CMC C - -. City Clerk SMM:ctw CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov . STEPHANIE M. MOON, CMC City Clerk JONATHAN E. CRAFT Deputy City Clerk February 3, 2010 CECELJA T. WEBB Assistant Deputy City Clerk Curt Baker Deputy Superintendent for Operations Roanoke City Public Schools P. O. Box 13145 Roanoke, Virginia 24031 " Dear Mr. Baker: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Tuesday, February 16,2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on the request of the Roanoke City School Board to repeal proffers set forth in Ordinance No. 37303-020606 adopted February 6, 2006, and Ordinance No. 37696-022007 adopted February 20, 2007 by Roanoke City Council that placed certain conditions on property located at 2102 Grandin Road, S. W., being the Patrick Henry High 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 February 16th public hearing. Failure to appear could result in a deferral of the matter until a later d~te. Sincerely, ~M.n;oa-rv Stephanie M. Moon, CMC City Clerk SMM:ctw Enclosure . i ~ AMENDMENT OF PROFFERS PATRICK HENRY HIGH SCHOOL 2102 Grandin Road, SW Official Tax No. 1460101 ) ) )AFFIDAVIT ) CITY OF ROANOKE ) ) TO-WIT: ) COMMONWEALTH OF VIRGINIA The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the pr~visions 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 4th day of January, 2010, notices of a public hearing to be held on the 21st day of January, 2010, on the request captioned above to the owner or agent of the parcels as set out on the attaching listing. ~~ tau ~~ Martha Pace Franklin SUBSCRIBED AND. SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 4th day of January, 2010. . My Commission Expires: ~ cp C.o cJul0-JVr0 Notary Public O)jdfJdO/l Tax No. Owner Name/Mailing Address Property address if different from mailing address 1551201 "" Cao Ming Hua& Ren Haiging 2326 Grandin Road, SW 1302 Belle Aire Lane Roanoke, VA 24018 1551204 v Ronald and Misty Bingham 2412 Guildford Avenue, SW. Roanoke, VA 24015 1551205 -/ James and Jennifer McLeese 2416 Guilford Avenue, SW Roanoke, VA 24015 1551206/ William and Michelle Radar 2420 Guilford Avenue, SW Roanoke, VA 24015 . 1551207,/ Lynn.C. Wigginton 2424 Guilford Avenue, SW Roanoke, VA 24015 1551208-./ James and Jean Loesl 2428 Guilford Avenue, SW Roanoke, VA 24015 1551209/ Patricia G. Wilson 2432 Guilford Avenue, SW POBox 4744 Roanoke, VA 24015-0744 1551210 ~ /Mary C. Lincoln Patrick R. Davis 2436 Guilford Avenue, SW Roanoke, VA 24015 1551211 .'\..0 /Bryan and Victoria Sturdy , ! 2440 Guilford Avenue, SW . . / Roanoke,VA 24015 1551212 I.Hobert D. Lipscomb Guilford Avenue, SW 2559 Winifred Drive Roanoke, VA 24018 1551213 I~ vDewey andNita Likens r 2502 Guilford Avenue, SW Roanoke, VA 24015 1551214 John R. Patterson 2506 Guilford Avenue, SW Roanoke, VA 24015 1551215 David K. Cumins 2512 Guilford Avenue, SW 2735 Richelieu Av~nue, SW Roanoke, VA 24014 1551216 Brenda'R;.Page . 2602 Guilford Avenue, SW . Roanoke, VA 24015 1551217 Dinia M. Pease r .,---."..,~ , 2608 Guilford Avenue, SW Roanoke, VA 24015 1551218 Kenneth C.. Dunn 2612 Guilford Avenue, SW Roanoke. VA 24015 Roanoke, VA 24015 1551224 Jeffrey and Deborah Drinkert 2708 Guilford Avenue, SW Roanoke, VA 24015 1551225 Donald and Barbara Bollas 2712 Guilford Avenue, SW Roanoke, VA 24015 1551226 James and Janet Hamrick 2716 Guilford Avenue, SW Roanoke, VA 24015 1551227 Jonathon and Ilona Todd 2720 Guilford Avenue, SW Roanoke,VA 24015 1551228 Nancy Henderson 2724 Guilford Avenue, SW Michael Henderson, et al 222 Rocky Shore Lane Moneta, VA 24121 1551229 Tammy L. Crush 2728 Guilford Avenue, SW Roanoke,VA 24015 1551230 Theodore and Dianne Smith 2732 Guilford Avenue, SW Roanoke, VA 24015 1551231 Mary Jane Shirley 2802 Guilford Avenue, SW Roanoke, VA 24015 1551232 Terry and Phyllis Clifton 2806 Guilford Avenue, SW Roanoke, VA 24015 1551233 Anna Dent. Murray Life Estate 2810 Guilford Avenue, SW Roanoke,VA 24015 1560501 A E H Properties 2816 Guilford Avenue, SW 225 Heidinger Drive Carv, NC 27511 1560502 John and Nancy Fudge 2902 Guilford Avenue Roanoke,VA 24015 1560503 Katrina A. Mabery Virginia M. Balserak 2912 Guilford Avenue, SW Roanoke, VA 24015 1560504 Michael Lipscomb Kristie W. Lipscomb 2916 Guilford Avenue, SW Roanoke, VA 24015 1560505 Ronald and Margaret Whitlock 2922 Guilford Avenue, SW Roanoke,VA 24015 1560506 Jeffrey & Michelle Floyd 2928 Guilford Avenue Roanoke. VA 24015 Roanoke, VA 24015 1560512 R. Edward St. George 3022 Guilford Avenue, SW Roanoke,VA 24015 1560811 Theodore R and Betty J. Crouch Oregon Avenue 3022 Guilford Avenue, SW (vacant lot) Roanoke, VA 24015 1370102 Shenandoah Life Insurance Co. 2301 Brambleton Avenue, SW POBox 12847 Roanoke,VA 24029 1370901 Geoffrey and Susan Jennings 1744 Blair Road, SW . Roanoke, VA 24015 1370701 David Tucker 1743 Blair Road, SW Roanoke,VA 24015 1370707 James and Dana George 2340 Blenheim Road Roanoke,VA 24015 1370306 Douglas and Evie Robison 2517 Mt. Vernon Road, SW Roanoke,VA 24015 1370307 Lynn and Mary Via 2513 Mt. Vernon Road, SW Roanoke,VA 24015 1370308 Seth and Jane Hooper 2507 Mt. Vernon Road, SW Roanoke, VA 24015 1370309 Kerry and Seweryn Morgiewicz 2501 Mt. Vernon Road, SW Roanoke, VA 24015 1350302 M. Diana Thomason 2429 Mt. Vernon Road, SW Roanoke, VA 24015 1350301 Samuel, III and Deanne Vance 1640 Persinger Road, SW Roanoke, VA 24015 1350311 Kermit and Elizabeth Hale 2222 Blenheim Road; SW Roanoke,VA 24015 1350312 Douglas Viehman Diane Naff 2216 Blenheim Road, SW Roanoke, VA 24015 . 1350307 Ronald Henderson, Jr. Shirley Cawley 2421 Mount Vernon Road, SW Roanoke, VA 24015 1350209 Michael and April Snow 1639 Persinger Road Roanoke, VA 24015 1350201 Harriet G. Vance .A 1450.726 ,/ Thomas Wayne Frantz 1714 Brandon'Avenue, SW Roanoke, VA 240.15 1450.725 Frances Kastler 180.2 Brandon Avenue, SW ./ 213 S. Jefferson St., #10.0.7 Roanoke, VA 240.11 1450.724 JBruce and Patricia Tolson v 180.6 Brandon Avenue, SW Roanoke, VA 240.15 1450.723 V Tiffany K. Worstell . 1810. Brandon Avenue, SW Roanoke, VA 240.15 1450.722 l,Frances Kastler 1814 Brandon Avenue, SW 213 S. Jefferson St., #10.0.7 Roanoke, VA 240.11 1450.721 I f'(3eorge C. Koss 1818 Brandon Avenue, SW 2854 Fairway Forest Circle Salem, VA 24153 1450.720. , Michael and Cathy Pegram 1824 Brandon Avenue, SW Roanoke,VA 240.15 1450.719 Mark E. Barker 1828 Brandon Avenue, SW Roanoke,VA 240.15 1450.718 Elizabeth Velazquez 1832 Brandon Avenue, SW Roanoke, VA 240.15 1450.717 Andrew J. Hickling .....~..~l........ 1836 Brandon Avenue, SW Roanoke, VA 240.15 1450.716 I M & W Properties 1840. Brandon Avenue, SW 4423 Brentwood Court Roanoke, VA 240.18 1450.715 George Williams Brandon Avenue, SW / 1994 Brown Gap Tp (vacant lot) Charlottesville, VA 2290.1 1450.714 George Williams 190.2 Brandon Avenue, SW " 1994 Brown Gap Tp Charlottesville, VA 2290.1 1450.713 ...<3eorge Williams Brandon Avenue, SW 10.3 Fourth Street (vacant lot) Bluefield, WV 2470.1 1450.712 Frances Kastler 1910. Brandon Avenue, SW : 213 S. Jefferson St., #10.0.7 Roanoke, VA 240.11 1450.711 Frances Kastler 1914 Brandon Avenue, SW 213 S. Jefferson St., #10.0.7 Roanoke, VA 240.11 1450.710. Peter C. and Alison C. Matthiessen 1918 Brandon Avenue, SW Roanoke, VA 240.15 1450.70.9 Vernon E. Jolley. Jr. . Salem, VA 24153 1450705 Curtis E. Fuller 1938 Brandon Avenue, SW 1942 Brandon Avenue, SW Roanoke, VA 24015 1450704 Curtis and Ellen Fuller 1942 Brandon Avenue, SW Roanoke, VA 24015 1450701 Trustees, Unitarian Universalist 1450313 Church of Roanoke 2015 Grandin Road, SW Roanoke,VA 24015 1450214 David A. Rogers 2103 Grandin Road, SW Roanoke,VA 24015 1450213 Benhamin C. Davis ( 2111 Grandin Road, SW Roanoke, VA 24015 1450212 George and Elizabeth Marsh 2121 Grandin Road, SW Roanoke, VA 24105 1540524 Elaine A. Noell, Trustee 2201 Grandin Road, SW Roanoke,VA 24015 1540523 Neale and Mary Huff 2215 Grandin Road, SW Roanoke, VA 24015 1540522 George Ray Snow 2223 Grandin Road, SW Roanoke; VA 24015 1540521 Curtis Fooks Nan Rae Marion 2231 Grandin Road, SW Roanoke, VA 24015 1540520 Jeffrey and Christina Hatch 2239 Grandin Road, SW Roanoke, VA 24015 1540519 James P. Gilmer, III Jill M. Arliss 2243 Grandin Road, SW Roanoke, VA 24015 1540518 Warren and Paula Fiihr 2255 Grandin Road, SW Roanoke,VA 24015 1540324 Craig and Barbara Johnson 2343 Carter Road, SW Roanoke,VA 24015 1540330 Trustees of St. Elizabeth's 2371 York Road, SW Episcopal Church POBox 4706 Roanoke, VA 24015 1560901 City of Roanoke City Montgomery Avenue, SW Woodland Park CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church A venue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk ,-, February 22, 2010 Maryellen F. Goodlatte, Esquire P. O. Box 2887 Roanoke, Virginia 24001 Dear Ms. Goodlatte: , I am enclosing copy of Ordinance No. 38730-021610 amending an amendment of the Planned Unit Development Pan on a parcel zoned INPUD located on Hershberger Road, N. W., bearing Official Tax No. 6391313, in order to provide' for better access for the development and allow for better placement of the storm water management pond, as provided in a development plan dated '- November 16, 2009, as set forth in the Zoning Amendment Application dated December 3, 2009; and rezoning property bearing Official Tax No. 6391308 from R-7, Residential Single Family District, to INPUD, Institutional Planned Unit Development District, as set forth in the Zoning Amendment Application dated December 3, 2009. The abovereferenced measure was adopted by the Council of the City .of Roanoke at a regular meeting held on Tuesday, February 16, 2010, and is in full . force and effect upon its passage. Sincerely, ~ M.lnll\W Stephanie M. Moon, CMcl City Clerk Maryellen F. Goodlatte February 22,2010 Page 2 pc: Orville J. Gates, 1639 Barrington Drive, N. W., Roanoke, Virginia 24017 Mary Bethea, 3534 Harvest Lane, N. W., Roanoke, Virginia 24017 Sylvia Hunter, 3526 HarVest Lane, N. W., Roanoke, Virginia 24017 Aubrey Carson Plunkett and Margaret Head, 3518 Harvest Lane, N. W., Roanoke, Virginia 24017 Maynard R. and DeLois G. Harriman, 3510 Harvest Lane, N. W., Roanoke, Virginia 24017 Malouf Spusal Trust, 4025 Mudlick Road, S. W., Roanoke, Virginia 24018 Hazel Beatrice Emerson and Dolores Emerson Perry, 3547 Hershberger Road, N. W., Roanoke, Virginia 24017 Benedite Desir, 3629 Troutland Avenue, N. W., Roanoke, Virginia 24017 Ronald and Annie Layne, 3571 Hershberger Road, N. W., Roanoke, Virginia 24017 Newbern Properties, LLC, P. O. Box 6402, Roanoke, Virginia 24017 Hazel Beatrice Emerson and Dolores Emerson Perry, 3547 Hershberger Road, N. W., Roanoke, Virginia 24017 Benedite Desir, 3629 Troutland Avenue, N. W., Roanoke, Virginia 24017 Ronald E. and Annie L. Layne, 3571 Hershberger Road, N. W., Roanoke, Virginia 24017 . Roanoke Country Club, Inc., P. O. Box 6069, Roanoke, Virginia 24017 Juan H. Parra and Maria G. Arellano, 3585 Hershberger Road, N. W., Roanoke, Virginia 24017 Louise Everett Otey, 1515 Fairhope Road, N. W., .Roanoke, Virginia 24017 Kenneth J. and Ella Whitmer Griggs, 1523 Fairhope Road, N. W., Roanoke, Virginia 24017 Lee Roy, Jr., and Elizabeth Witt, 1529 Fairhope Road, N. W., Roanoke, Virginia 24017 Nathan R. and Karen Frances Tuning, 1535 Fairhope Road, N. W., Roanoke, Virginia 24017 Romie and Amanda D. Jenkins, 1913 June Drive, N. W., Roanoke, Virginia 24017 / Robert S. and Elizabeth M. Dooley, 1609 Fairhope Road, N. W., Roanoke, Virginia 24017 Linda D. Edmonds, 1615 Fairhope Road, N. W., Roanoke, Virginia 24017 Leonard W. and Doris C. Allen, 1621 Fairhope Road, N. W., Roanoke, Virginia 24017 Benjamin U. and Laverne G. Barnett, 1627 Fairhope Road, N. W., Roanoke, Virginia 24017 Maryellen F. Goodlatte February 22, 2010 Page 3 pc: Tina K. Ferguson, 1633 Fairhope Road, N. W., Roanoke, Virginia 24017 Charles E. and Drema G. Mitchell, 1640 Barrington Drive, N. W., Roanoke, Virginia 24017 Reginald L. Duckett, Jr., and Kevin L. Duckett, 3022 Willow Road, N. W., Roanoke, Virginia 24017 Marie Nicole LaPierre, 3518 Cove Road, N. W., Roanoke, Virginia 24017 J. Donald Pugh, P. O. Box 6172, Roanoke, Virginia 24017 Denis R. Cruz, 3529 Hershberger Road, N. W., Roanoke, Virginia 24017 RFJ Properties, P. O. Box 191, Salem, Virginia 24153 Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Ann H. Shawver, Director of Finance Susan Lower, Director of Heal Estate Valuation Philip Schirmer, City Engineer Martha P. Franklin, Secretary, City Planning Commission ..-{.- IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of February, 2010. No. 38730-021610. AN ORDINANCE to amend 936.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virgini~, dated December 5,2005, as amended, to . amend the Planned Unit Development Plan on a parcel zoned INPUD, located on Hershberger Road, N.W., bearing Official Tax No. 6391313; and to rezone a parcel bearing Official Tax No. 6391308, in order to provide for better access for the development and allow for better placement ofthe storm water management pond, as provided in a development plan dated 11/16/09; and dispensing with the second reading by title of this ordinance. WHEREAS, Central Baptist Church has made application to the Council of the City of Roanoke, Virginia ("City Coun'cil"), to amend the Planned Unit Development Plan on a parcel zoned ... INPUD, located on Hershberger Road, N.W., bearing Official Tax No. 6391313; and to rezone a parcel bearing Official Tax No. 6391308 in order to provide for better access for the development and allow for better placement ofthe storm water management pond, as provided in a development plan dated 11/16/09; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by 936.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on February 16, 2010, after due and timely notice thereof as required by 936.2-540, Code ofthe City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an O-Central Baptist Church-amend PUD Plan.doc 1 opportunity to be heard, both for and against the proposed amendment of the Planned Unit Development Plan and rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, requires the amendment of the Planned Unit Development Plan and the rezoning of the subject property in order to provide for better access for the development and allow for better placement ofthe storm water management pond, as pro\(ided in a development plan dated 11/16/09, as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code ofthe 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 Planned Unit Development Plan on a parcel zoned INPUD, located on Hershberger Road, N.W.,bearing Official Tax No. 6391313, in order to provide for better access for ,.. the development and allow for better placement ofthe storm water management pond, as provided in a development plan dated 11116/09, as set forth in the Zoning Amendment Application dated December 3,2009. 2: Section 36.2-100, Code ofthe 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. 6391308 is hereby rezoned from R-7, Residential Single Family District, to INPUD, Institutional Planned Unit Development District, as set forth in the Zoning Amendment Application dated December 3,2009. O-Central Baptist Church-amend PUD Plan.doc 2 3. Pursuant to the provisions of Section 12 oftI1e City Charter, the second reading ofthis ordinance by title is hereby dispensed with. ATTEST: -' . h7 I r-n~~ City Clerk. l O-Central Baptist Church-amend PUD Plan.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 Board of Zoning Appeals Planning Commission February 16, 2010 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 Central Baptist Church to amend the Planned Unit Development Plan on a parcel zoned INPUD and bearing Official Tax No. 6391313 on Hershberger Road, N.W., and to rezone a parcel bearing Official Tax No. 6391308 from R-7, Residential Single Family District, to INPUD, Institutional Planned Unit Development District, in order to provide for better access for the development and allow for better placement of the stormwater management pond, as provided in a development plan dated 11/16/09. Planning Commission Recommendation Planning Commission public hearing was held on Thursday, January 21, 2010. A synopsis of the public hearing is included at the end of this report. By a vote of. 7-0, the Commission recommended approval of the request, finding the proposed rezoning to be consistent with the Zoning Ordinance, Peters Creek North Neighborhood Plan, and Vision 2001-2020. The proposed amendments are an improvement to the currently approved plan in regards to stormwater management, access, and services available to the neighborhood. Respectfully submitted, an~ -fi~ Angela Penn, Chair City Planning Commission \. , Members of City Council February 16,2010 Page 2 cc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney R. Brian Townsend, Assistant City Manager Attorney for the applicant Members of City Council February 16, 2010 Page 3 Application Information Req uest: Owner: Applicant: Authorized Agent: City Staff Person: Site Address/Location: Official Tax Nos.: Site Area: Existing Zoning: Proposed Zoning: Existing Land Use: Proposed Land Use: Neighborhood Plan: Specified Future Land Use: Filing Date: Background Amendment of Planned Unit Development (Ordinance No. 38549-072009) and Rezoning to Planned Unit Development Central Baptist Church and Malouf Spousal Trust Central Baptist Church Maryellen F. Goodlatte, Esq. Maribeth B. Mills Barrington Rd. N.W. and Hershberger Rd. N.W. 6391313 & 6391308 12.08 acres INPUD, Institutional Planned Unit Development (63913i 3) and R-7, Residential Single-Family District (6391308) INPUD, Institutional Planned Unit Development Vacant Place of Worship, Day Care Center, Child, and Day Care Center, Adult Peters Creek North Neighborhood Plan Single-Family Residential Original Application: December 3, 2009 In July of 2009, City Council rezoned official tax no. 6391313 from R-7 to INPUD to allow the construction of a place of worship and child day care center. As the applicant preceded with more detailed stormwater management plans, it became apparent that the amount of excavation work required for the pond would be prohibitively expensive. Engineers advised the owner that acquiring the adjoining 3.3873 acre parcel would significantly reduce the cost of work required. The additional parcel will allow the church to construct a main entrance off Hershberger Road that has adequate sight distance. The landscaped median, sidewalk, and brick walls formerly proposed for Barrington Road entrance will be moved to Hershberger Road and the campus will be reconfigured so the main sanctuary is oriented to the new entrance. The conditions regarding turning radii and tapers on Cove Road and Hershberger Road placed on the Barrington Road right-of-way vacation that was also approved by City Council in July 2009 are no longer necessary. The applicant is requesting modification of these conditions in conjunction with this application. Other changes to the site made possible by the addition of official tax map no. 6391308 to the planned unit development include: Members of City Council February 16,2010 Page 4 1. Right-of-way dedication and improvements to Hershberger Road including a five foot sidewalk, six foot planting strip, and street trees planted in accordance with the City's Subdivision Ordinance; 2. Outdoor recreational facilities including a tennis court, a basketball/volleyball court, and a picnic shelter; and 3. Adult day care and corresponding 12,000 square foot building. One other change is the reduction of the type C buffer yard along all property lines to a type A buffer yard. All other aspects of the site will remain unchanged including building size and configuration, architectural design, lighting, and number of parking spaces. Conditions Proffered by the Applicant As an INPUD, the development plan attached to this amendment is binding for future development. Development standards are listed on the development plan. Considerations Surroundinq Zoninq and Land Use: Zoning District Land Use North R-7, Residential Single-Family. Single-Family Dwellings. South R-7, Residential Single-Family. Single-Family Dwellings. East R-7, Residential Single-Family. Single-Family Dwellings and Vacant. West R-7, Residential Single-Family. Single-Family Dwellings. Compliance with the Zoninq Ordinance: As an INPUD, site development standards not dictated by the Zoning Ordinance are required to be determined during the zoning amendment process including setbacks, height, and buffer yards. The applicant also established standards for pedestrian access, building appearance, refuse container screening, light levels, and signage. All standards established under the current ordinance will remain the same except for the buffer yard. The applicant would like to reduce the buffer yard from a type C option 2 buffer yard (15 feet wide with one row of evergreen trees and one row of evergreen shrubs) to a type A option 2 buffer yard (5 feet wide with one row of evergreen trees) along the entire perimeter of the property to decrease landscaping costs. The only discernable change on the ground will be the lack of evergreen shrubs. Staff finds these unnecessary if evergreen trees with sufficient screening capabilities are used. At staffs request, the applicant has proffered that either Leyland cypress or eastern red cedar will be used to screen potential headlight trespass on adjoining residential properties. Members of City Council February 16,2010 Page 5 Adult day care center was added to place of worship and child day care center as the only uses that will be permitted on the property. Parking calculations remain based on the total number of seats in the largest sanctuary. Parking for the both day care centers will be accommodated by the sanctuary parking as they are on separate schedules. Conformity with the Comprehensive Plan and Neiqhborhood Plan: Flooding is identified as a major issue in the neighborhood plan. The detention pond proposed by the applicant will have the capacity to not only capture on-site stormwater but off-site stormwater that drains on the property as well. The option of working with adjoining property owners to address stormwater management has the possibility of alleviating some of the problems experienced by the area as a whole. The stormwater management facility will also incorporate Best Management Practices by incorporating Low Impact Design such as vegetative swales which filter sediment, nutrients, and biodegradable pollutants. Traffic issues on Hershberger Road and Cove Road are also identified as major issues in the Peters Creek North Neighborhood Plan. Having two entrances to the site will help disperse traffic. Furthermore, street improvements will be made along the property's frontage on Hershberger Road including pedestrian accommodations, street trees, and a turning lane. Finally, the addition of an adult day care center will fill an identified need in the area. The Peters Creek North Neighborhood Plan recognizes that the area's aging population is unable or unwilling to live by themselves. Providing day care for the elderly is an invaluable service to families trying to keep relatives at home. The following policies of Vision 2001-2020 are relevant to the application: . NH P2. Neighborhoods as villages. Neighborhoods will function as villages, offering opportunities to live, work, shop, play, and interact in a neighborhood setting. ) . EC P4. Environmental quality. Roanoke will protect the environment and ensure quality air and water for citizens of the region. Storm water management will be addressed on a regional as well as a local level. The following policies of the Peters Creek North Neighborhood Plan are relevant to the application: . Infrastructure Policies a. Improve stormwater drainage. b. Improve the sidewalk/curb system. c. Improve traffic circulation and connections. Members of City Council February 16, 2010 Page 6 d. Street trees should be provided between the sidewalks and curb to reduce the visual, noise impacts on surrounding residences, and provide separation of pedestrian and vehicular traffic. City Department Comments: A revised traffic analysis regarding the proposed entrance on Hershberger Road was submitted to the City's Traffic Engineer, Hong Liu. He is satisfied that this configuration is safe and can replace the conditions attached to the right-of-way vacation regarding tapers and turning radii at Cove Road and Hershberger Road. Planninq Commission Public Hearinq: The following comments and questions were posed by the Planning Commission at their January 21, 2010 public hearing. 1. Mr. Williams questioned the need for the taper and right turn lane off Hershberger Road. He did not think highway design standards were appropriate for City streets lined with houses, churches, and schools. He also pointed out that the taper consumed all available right-of-way for future pedestrian improvements on the adjoining lot to the east. The City's Traffic Engineer responded that from a traffic safety standpoint, the volume of right turns off Hershberger justified the right turn lane. He further stated that Hershberger was not identified as a residential street but an arterial street in the City's Transportation Plan. 2. Mr. Van Hyning questioned the visual impact of the development in regards to light levels and buffer yards, noting that the Type C buffer yard currently approved had been reduced to a Type A buffer yard. Staff responded that the proffered light level had not changed and that headlight trespass would still be adequately screened as described in the 'Compliance with the Zoning Ordinance' section of this report. 3. Ms. Katz stated that the question before the Commission was whether or not the church's expansion was appropriate and that the existing traffic conditions on Hershberger Road should not be the basis for impeding their plans. 4. Mrs. Penn asked for the construction schedule of the first building. The applicant responded that they were ready to begin construction once stormwater had been adequately addressed. 5. Mr. Williams asked if the traffic counts were based on solely on Hershberger Road or if the entrance on Barrington Drive had been taken into account. The applicant responded that both entrances were taken into account; however, assumptions were required when determining which entrance would be most heavily used. The following comments and questions were posed by the public at the Planning Members of City Council February 16, 2010 Page 7 Commission's January 21, 2010 public hearing. 1. Mr. Nathan Tuning (1535 Fairhope Road) stated that although he had no objection to the request, he was concerned about the proximity of the parking lot to his property, light trespass, and increased traffic on Hershberger Road. 2. Mr. Jess Newbern (owner of 3570 Hershberger Road) stated that he had no objection to the request but was concerned about the proposed entrance onto Hershberger Road and asked what the City's plans were for rectifying the traffic situation on Hershberger Road. The City's Traffic Engineer responded that the plan for Hershberger at this time was to add left turn lanes where warranted. ~"'" ~'.-'." ,. I ~. ." ~. c) ~~ Department of Planning, Building and Development Room 166, NoelC. Taylor Municipal Building 215 Church Avenue, SW. ROfihoke, Virginia 24011 Phone: (540) 853-1730 Fax: (540) 853-1230 i.i'ii~'il\'IW'-k>;iiW''''''''t''''''f'i'iil'H'!''ll::i'1.' ~~* ~ ::!1J~:~~;Lq\~,,!O t~~j; Date: 'IDecember 3, 2009 I ~7f1i11i'liiilli~_ . iii, . ~,,)Jlj.- UQ - .,,!!J. ;t..l1:\lk.~ ,1.1.1 ~, o Rezoning, Not Otherwise Listed o Rezoning, Conditional ~ Rezoning to Planned Unit Development o Establishment of Comprehensive Sign Overlay District 1&IiI:11~~ . Submittal Number: IOriglnal ApplicatIon D Amendment of Proffered Conditions ~ Amendment of Planned Unit Development Plan o Amendment of Comprehensive Sign. Overlay District Address: Two parcels of property located along Hershberger Road, N.W. OfficialTax No(s).: 16391313 and 6391308 Existing Base Zoning: INPUD (#6391313) and R-7 (#6391308) (If multiple zones, please manually enter all districts,) Ordinance No(s). for Existing Conditions (If applicable): 138549-072009 (#6391313) P19G~ of worship; day care center, Requested Zoning: INPUD,lnstitutional Planned Un Proposed Land Use: child' da care cen er o With Conditions ~ Without Conditions I Phone Number: I E-Mail: , . I I Name: ISEE ATTACHED SHEET Address: Property Owner's Signature: ':t.:' .oj (#6391313) . " Phone Number: r +1 (540) 343-8274 I E-Mail: Italk2melj@aoLcom I Name: ICentral Baptist Church Address: Name: Phone Number: +1 (540) 224-8018 I I Address: Glenn, Feldmann, et aI., P. O. Box 2881, Roanoke,VA 24001-2887 "rt~ r /d~ Authorized Age t's Signature: . . E-Mail: Imgoodlatte@gfdg.com 11/18/26~9 23:59 540366~" \.;,rJ BEST WESTE~~ ~~ PAGE 132/02 Pr.Qpert\f Owner Informatlo~ rl~ Parcel ttJ39j.313 Name: Central Baptist Church Phone: (540) 343-8274 Address: 1502 Staunton Avenue Roanoke, VA 24017 Email~ talk2meUtmaol.com ~116 fj JIe.~ ,?rop rty ~?.!r) SJ9nature , I_ v tN' CfMA..I/1....-..r f!;~.~ .' ....-. ,...h.... '--'-"~ll 1:' ~ '1 . ~t- Tax Parcel #639130f <t Name: Malouf Spousal Trust Phone: l~ - yrJ- 7'777 fk-4"'~' fJ e~~.,.,r. (0 Address: Email: 1 ~. Wttk ' vtl1~~ (~ >='. (.\.. U APPLICANT'S NARRATIVE Earlier this year .tax parcel 6391313, a 8.6090 acre undeveloped tract, was rezoned to INPUD (Ordinance No. 38549-072009). Although the tract, purchased in 2002 by Central Baptist Church, was zoned for church use when purchased, the City's comprehensive rezoning in 2005 placed the property in a zoning category which did not allow its development or use as a house of worship. A companion application requested the vacation of property previously dedicated to the City by the Church. That road vacation request was also approved. Ordinance No. 38550-072009 attached conditions to that vacation requiring specific improvements to three off-site intersections as a consequence of the primary entrance of the Church campus being on Barrington Road. While a pipestem portion of tax parcel 6391313 abuts Hershberger Road, the Church's engineers and the City's engineers concluded that using the pipestem for access to Hershberger Road was not safe or desirable. Hence, Barrington Drive served as the only access point for the Church campus. As the Church's engineers worked towards the finalization of its site plan, challenges relating to the placement of the storm water management pond arose. In order to meet the City's current storm water management requirements, significant excavation work would be required, adding hundreds of thousands of dollars to the cost of the project. Analyzing alternatives, the Church and its engineers recognized that if the Church acquired the adjoining 3.3873 acre undeveloped tract (tax map parcel 6391308), the Church could locate its storm water management pond on that parcel, using the sloping terrain to its advantage and significantly reducing excavation work. And, by acquiring tax parcel 6391308, which has significant frontage onto Hershberger Road, a better access could be provided for the Church. As depicted on the Development Plan, a boulevard-style entrance will be provided onto Hershberger Road and serve as the primary point of ingress and egress. Barrington Drive will serve as a secondary point of ingress and egress. The impact of this revised access has been studied by traffic engineers. A copy of the traffic impact analysis submitted to the City by the Church's engineers is attached to this Narrative as Exhibit 1. As indicated by that analysis, the Church will install a full length taper and deceleration lane on Hershberger Road in conjunction with its access. Using Hershberger Road rather than Barrington Drive as the primary access for the Church campus also changes the nature ,of the off-site road improvements previously recommended by City engineers and incorporated into the vacation ordinance. By separate action, the Church will request that the conditions associated with Ordinance No. 38550-072009 be modified to reflect the City engineer's requirements related to the redesigned Development Plan. Incorporating the 3.3873 acres of tax parcel 6391308 into the Church development not only provides better access for the entire development, but also allows for better placement of the storm water management pond, taking advantage of the topography and terrain to minimize excavation. ~ ~j'J o While the technical design of the proposed storm water management system must be approved by the City, it will include capture and detention of the 1 DO-year storm event with detention pond release rates meeting or exceeding the minimum standard extended detention requirements set forth by the State of Virginia as they relate to storm water quality. In the instance of this particular project, the proposed concept exceeds state requirements by capturing the 1 DO-year event in lieu of the normal 10- year or 25-year event. Design of the storm water facility will include Best Management Practices (BMP's) relative to storm water treatment and improvement of storm water quality. Low Impact Design (LID) BMP's such as widened vegetative swales conveying storm water to the detention pond will be implemented; this BMP protocol will provide for advanced vegetative filtering that can capture sediments, nutrients (fertilizers, etc), and biodegradable pollutants. The detention pond through its 1 DO-year design capacity will provide advanced sediment and nutrient removal. The proposed pond design includes two primary options for storm water discharges. Option One would permit pumping of storm water to an improved roadside ditch along Hershberger Road. Option Two, which requires the cooperation and agreement of adjoining property owners, would extend a public sewer to Cove Road and negate the need for a 1 DO-year storm capture and conveyance for the Church. The viability of that second option is currently being explored by the Church's engineers. Working with the City's engineers and the Department of Conservation and Recreation, the Church's civil engineers will design . and implement the appropriate discharge option. With its principal access now from Hershberger Road, the Church has repositioned the buildings forming the core of its campus. Sanctuary #1 and Fellowship Hall will be the first building to be constructed. Although repositioned from its initial location close to Barrington Drive, this building, and the others shown on the Development Plan, will be the same as previously proposed. As shown on the attached elevation for Sanctuary #1, the exterior finish materials for all buildings constructed on the Church campus will be brick, with a shingle roof. The classical brick architecture selected as the style for the Church campus, as illustrated on the elevation, will blend harmoniously with the character of the surrounding neighborhood. Buildings on the campus will be a single story, with none of the buildings exceeding 45 feet in height. The boulevard entrance from Hershberger Road will be accentuated by brick walls on either side, as illustrated on the Development Plan. Decorative columns will cap the end of each side wall, with signage installed on the right masonry side wall, as one enters the site. No other signage is proposed. Working with its members and the general community, the Church has determined that a need exists for an adult day care facility as part of its overall ministry. While its plans for that facility are still in the formative stages, the Church would like to provide day care facilities for no more than 50 adults. A building for that purpose is depicted on the Development Plan. Potential recreational facilities (picnic shelter, tennis court, and/or basketball court) are also shown on the Development Plan. Consistent with its earlier plan, the Church campus will be constructed in phases. The first building to be constructed will be Sanctuary #1 and Fellowship Hall as depicted on C,," ..'.4 ~":;;." C' ... ] '"'-:. ' the Development Plan. The Church has already raised the funds necessary to construct this first phase. After the Sanctuary #1 and Fellowship Hall building is complete, the Church will sell its Staunton Avenue property and use the proceeds to construct Sanctuary Building #2, as depicted on the Development Plan. Other buildings which will complete the campus include the Sunday School Building, the Gymnasium Building, and the Adult Day Care Building. As part of the first phase, the Church still plans to incorporate a child day care center. The Sunday School rooms provided in Sanctuary #1 would serve as the location for the day care center. No more than 100 children would be enrolled in the center, whose hours of operation dare expected to be 7 AM to 6PM Monday through Friday. This plan is unchanged from the Church's last rezoning application. Over time, the Church may wish to add a Christian elementary school, and/or community feeding operations to its campus. The Church recognizes that if it intends to add these two uses, it will need to amend the zoning designation for these parcels. Unchanged from the information submitted for the rezoning earlier this year are the specifics regarding seating and parking. Sanctuary Building #2 will have seating for 500 in its largest assembly room. The largest assembly room in Sanctuary #1 will have seating for 400. The Development Plan, which includes a parking analysis, provides that all parking spaces in excess of the maximum number of parking spaces allowed shall be created using a permeable paver system. It should be noted that the 12 temporary parking spaces associated with Sanctuary #1 are only included in Sanctuary #1 [Phase 1] parking calculations. These spaces will be demolished and replaced with curb and sidewalk when the future Sunday School Building is constructed. No additional parking spaces are needed to support the adult day care use. J F=-t! ~ c les DESIGN www.acsdesignllc.com Design Memorandum of Understanding To: Cc: Project No: From: Date: Hong Liu Dan Early, Scott Easter 09079 - Central Baptist Church Jason Hartman . December 2, 2009 On Sunday May 31, 2009 from 9:00 am to 1 :00 pm, a traffic count was performed at the Barrington Road~Cove Road intersection and at the Fairhope Road-Hershberger Road intersection. The traffic count was performed to measure the future impact of the development of Central Baptist Church. The source ofthe trip generation calculations can be referenced in the 7111 Edition of the Institute of Transportation Engineers Trip Generation Manual. The site will have an adult day care center and child day care center for operation on Monday through Friday. There will be one church service on Sunday. The trip generation manual showed 128 peak hour vehicle trips will occur ona weekday to accommodate the 100 children and 50 adults at the . respective day care centers. The percentage distribution of vehicles traveling on Cove Road and Hershberger Road during the week will be the same as the percentage distribution for the church service. The breakdown of the percentages is explained in the paragraph that follows. The warrants for a right and left turn lane at the Barrington Road..:Cove Road intersection and the proposed site entrance along Hershberger Road during a weekday were analyzed. There are 21 peak hour vehicles making a right turn and 24 peak hour vehicles making a left turn at the Barrington Road-Cove Road Intersection. There are 72 peak hour vehicles making a right turn and 11 peak hour vehicles making a left turn into the new site entrance along Hershberger Road. The results showed tha~ no left turn lane is required and only radius improvements will be required at the Barrington Road-Cove,Road Intersection. In addition, no left turn is required, but a full-width turn lane and taper are required at the new site entrance along Hershberger Road. The following data was obtained from the church as it currently operates. In the past six months, an average of 325 people attended the church for Sunday morning service. A church bus picks up approximately 20 members of the church every week. Based on the current members of the church, the following age distributions were developed. Approximately 15% of the church members ate retired over the age of65. In addition, 30% of the members are middle-aged 35"'65 years old. Approximately 35% of the members are adolescent to 35 years old. In addition, 20% of the members ~e young children. Interpolating the percentages based on 325 members to 500 members yielded the following: 75 retired members, 150 middle-~ged members, 175 adolescent to 35 year olds, and 100 young children. The number of members taking the bus was interpolated to 32 members. It is assumed that 8 members can be removed from each age group to account for the bus trip. The total peak hour vehicle trips are 217. This value was calculated 2203 Peters Creek Road. NW 13399 Booker T. Washington Highway 64 Courthouse Hill ENGINEERING Roanoke, Virginia 24017 Hardy, Virginia 24101 Warm Springs. Virginia 24484 LANDSCAPE ARCHITECTURE PHONE: (540) 562-2345 PHONE: (540) 719-2345 PHONE: (540) 839-2700 F SURVEYING CONSTRUCTION C." '.; ') O'..~...! . < ... ~ les IIESIGN www.acsdesignllc.com from 30% of the retired members driving, 55% of the middle-aged members driving, 70% of the adolescent to middle-aged members driving, and no young children driving. Based on the current locations of where members of the church live, the following vehicle distributions were developed. Approximately 16% of the vehicle distribution, an increase of 35 peak vehicles per hour, will be traveling from Peters Creek Road on Cove Road to the new project site. In addition, approximately 19% of the vehicle distribution, an increase of 41 peak vehicles per hour, will be traveling from Hershberger Road on Cove Road to the new project site. Approximately 9% of the vehicle distribution, an increase of 20 peak hour vehicles, will be traveling from Peters Creek Road on Hershberger Road to the church site. In addition, approximately 56% of the vehicle distribution, an increase of 121 peak hour vehicles, will be traveling from Interstate 58] on Hershberger Road to the project site. Please see the attached calculation sheet at the end of this document for the derivation of all values. The procedure for the field verified traffic count was as follows. The traffic count was performed at the Barrington Road-Cove Road intersection and at the Fairhope Road-Hershberger Road intersection. Traffic count data was collected each hour from 9:00 am to 1 :00 pm. At the Barrington Road-:-Cove Road intersection traffic counts were taken traveling towards Peters Creek Road, traveling towatds Hershberger Road, turning right on Barrington Road, turning left on Barrington Road, turning right on Cove Road, and turning left on Cove Road. At the Fairhope Road-Hershberger Road intersection traffic counts were taken traveling towards Peters Creek Road, traveling towards Interstate 581, turning right on Fairhope Road, turning left on Fairhope Road, turning right on Hershberger Road, and turning left on Hershberger Road. Each count was averaged for the 4 hour period to obtain the peak hour vehicle count. The peak values were used with the Virginia Department of Transportation right and left turning lane criteria charts to obtain the following results. The church has proposed to purchase the adjacent property to the original design site (Tax Map #6391308), and a standard entrance that has direct access to Hershberger Road will be provided in the revised design. Therefore, the data collected for vehicles turning right and left on Fairhope Road, and turning right and left on Hershberger Road is not needed when using the right and left turning lane criteria charts. The right turning lane criteria from Cove Road to Barrington Road yielded the following results. From the field verified traffic count data, the peak hour volume approach total was calculated to be 264 vehicles per hour on Cove Road. In addition, the existing number of right turns at the peak hour was calculated to be 7 vehicles per hour. The increase in right turns with the development of the church is estimated as 35 vehicles per hour. Therefore, the total right turns on Barrington Road are 42 vehicles per hour.' An adjustment can be made to the number of right turns since the posted speed of the road is less than 45 mph, the peak hour volume of right turns is greater than 40, and the peak hour volume is less than 300. The adjusted number of right turns is 22. The right turning lane criteria chart yields that a radius may be required along Cove Road. This is at the discretion of the City of Roanoke Department of Traffic Engineering. The left 2203 Peters Creek Road, NW 13399 Booker T. Washington Highway 64 Courthouse Hill ENGINEERING Roanoke, Virginia 24017 Hardy, Virginia 24\01 WannSprings, Virginia 24484 LANDSCAPE ARCHITECTURE PHONE: (540) 562.2345 FAX: (540) 562-2344 PHONE: (540}719-2345 FAX: (540) 719-2344 PHONE: (540) 839-2700 FAX: (540) 839-6677 SURVEYING CONSTRUCTION MANAGEMENT G .:L-' c.......~ :. ; les DESIGN www.aesdesi gn lie. com turning lane criteria from Cove Road to Barrington Road yielded the following results. The advancing volume is 214 vehicles per hour, and the opposing volume is 264 vehicles per hour. The existing left turns on Barrington Road is 5 vehicles per hour, and the proposed left turns on Barrington Road is 41 vehicles per hour. Therefore, the total left turns on Barrington Road is 46 vehicles per hour. The percentage of the advancing volume making left turns on Barrington Road is 21.5%. The 30% left turn criteria chart was used to be conservative. No left turn lane is required based on the input data for the left turn lane criteria chart. The right turning Hme criteria from Hershberger Road to the proposed site entrance yielded the following results. From the field verified traffic count data, the peak hour volume approach total was calculated to be 339 vehicles per hour on Hershberger Road. The increase in right turns with the development of the church is 121 vehicles per hour. The right turning lane criteria chart yields that a full-width turn lane and taper may be required along Hershberger Road. This is at the discretion of the City of Roanoke Department of Traffic Engineering. The left turning lane criteria from Hershberger Road to the proposed site entrance yielded the following results. The advancing volume is 430 vehicles per hour, and the opposing volume is 339 vehicles per hour. The increase in left turns with the development of the church is 20 vehicles per hour. The percentage of the advancing volume making left turns on Fairhope Road is 5%: No left tum lane is required based on the input data for the left turn lane criteria chart. Please review the report and the data. We seek your advice with this matter. If you have any questions or comments regarding the information contained herein, please contact us. Jason S. Hartman, EIT Project Engineer 2203 Pelers Creek Road, NW . 13399 Booker T. Washington Highway 64 Courthouse Hill ENGINEERING Roanoke, Virginia 24017 Hardy, Virginia 24101 Wann Springs. Virginia 24484 LANDSCAPE ARCHITECTURE PHONE: (540) 562-2345 FAX: (540) 562-2344 PHONE: (540) 719-2345 FAX: (540) 719-2344 PHONE: (540) 839-2700 FAX: (540) 839-6677 SURVEYING CONSTRUCTION MANAGEMENT C1 Day Care Center 0 (565) Average Vehicle Trip Ends vs: Students On a: Weekday, A.M. Peak Hour of Generator Number of Studies: 70 Average Number of Students: 68 Directional Distribution: 53% entering, 47% exiting I (;>'0 c..f.-'7""~ t.;;;2J 4J2.!A.t (-( I~ ~l-.) Trip Generation per Student Average Rate 0.82 I f;1; (f?, toz) ::; 1"2~ Data Plot and Equation Range of Rates Standard Deviation 0.39 1.78 0.94 160 150 ... ". . . . - . . ' x: ... ':....:....:... ':"X' 140 . . . . , . . . . .'. . . . ~~. . . . . . . . '" . . . .. . . . . . .. ."....... ,..... ....... . ".'. " . '..... 130 .., ':. . - , ~. . . .: . . , .:. , . . ~. . . .: . . . ':. , . . ~. . . .:. . . . .:. . . . :. . , .:. . . . .:. . . . . . . /. . - . .:. . . . 120 ........... . . . . , . . . .'. . . . , . . . . " . . . .'. . . - , . . . . '. . . . .'. . . . , : : : '. '. . . . .'. . ;,:. . . . . . . . . . . . . . en '0 I:: W 0- 't: I- Ql C3 :E Ql > Ql Cl III "- Ql > <( II .-: 110 . . , . '. . . . .' . . . . ~ . . . .'. . . . .' . . . . " . . . .'. . . . .' . . . .', . . . .'. . . . .' . . . . " . .. . .'. . . . . .,... ~. ......... ... . . ....... -.... 100 ... .'. . . . :. . . .: . . . ':' 'x' ':' . . .'. . . . .'. - . . :. . . .'. . . . .'. . ><~ . .'. . . . .'. . ., . , ~ 90 - .. . .:- . . . .: . . . . : . . . .:- . . . .: . . . . : . . . -:' . . . ~ . . . . :. . . . ;-:,'~ . . : - . . .'. ...:-... X X X,'. . '" .. ....... . 80 ... <. . . . .:. . .. : . . . .:- . . . ': X . .: . . . <. . . . .y.;< . . . .'. -.:....:.... .:. . . . : ><)(, ;.-' /.; X: 70 ....:.....: . . ' . : . X .:. .~. ':' . XX: . . . ~ ~'Y ~:\ . ':' . . .~:. . . . : . . . . :. . . . .:' . . . 60 ....:-....:....:... .:x . , .:0~~))~' ~ . .. /. . .:. . . . .:. . . . ~. . . .:. . . . .:.. . . : .. .;x ~:a-:.x jxx .ix .";.. +.i... ......;...:... ...... 20 .. x.t"Z ~ ':'. . . >: . . . ." . . . . . . . . - . . . .,. . . , - . .. .. . . . ... . .. . . . . . - .. . ... . . . '. . . . .:. . . - .:. . . .? . . ..... -....... . . ... '"... .,.... , . ... .."... .."... 10 10 20 30 40 50 60 70 80 90 100 .110 120 130 140 150 160 170 180 X = Number of Students X Actual Data Points Fitted Curve ------ Average Rate Fitted Curve Equation: Ln(T} = 0.77 Ln(X} + 0.77 R2 = 0.64 Trip Generation, 7th Edition 1047 Institute of Transportation Engineers t::... ~ \.:/ Day Care Center (565 ) () Average Vehicle Trip Ends vs: On a: Students Weekday, P.M. Peak Hour of Generator !po t;C../~r-CA. 57/ a~ In- Number of Studies: Average Number of Students: Directional Distribution: 70 68 47% entering, 53% exiting I S-P -fr. J-;:.-f/ Trip Generation per Student Average Rate 0.85 /5"'1/ (0.95') = (z~ Data Plot and Equation 190 180 170 160 150 140 U). 'C 130 c UJ c. 120 '1:; I- OJ 110 U :c ~ 100 OJ 90 W OJ 80 ~ II 70 I- 60 50 40 30 20 10 10 Range of Rates Standard Deviation 0.39 0.96 1.72 . x . . , . . , ................. -............. I' ." . . . . . . . . .. -................ -...,... -............... . . . . . . , . . . . . . . . . . . '.' . . . " ... . . " . . . '.' . . . " . . . . : - . . '.' . . . " . . . . " . . . '.' . . . ~ . . . I . . ,....... -................. , . . . . . . . . '. . . '. ~. . . . . . . . ." . . . .. - . . . .. . . . . '. . . . .. . . . . .. . . . .'. . . . .. . . . . .. .. . . .'. . . . . . - . . '. . . . .'. . . . . . . ., ..,....". . . ..... ....., "" . . _, _ . . .. _ . . . .. . .. ................... _. . _ .. .' ...................,.,........ v. . " ,.", .'.... '" , , ' , , , ......:....... . ' . ..' . . . ... . . . . . . . . " , . . - . . . . .. - . . 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' .'. . . . -. . . .. . . . .:..... . ;. .: ,~~', ", ' . . -. . , .. . , . .'. . . . ." . ." . . . .'. . ' , . . . x. x. x,,. x':>( x . . . . . . . . . . . ,'x' x. . . , . . , : : : ::: : : :~: ::: t~,~~~~:~ ~~: : .; : :: f: : ~f: ::.: : : :::: ~: ;:: : : ~ : : : .):: : : ., . .;' x~t;<<1' "Y):. .x. ~.. . .: . . . ':' . , . :' , .': . . . .:. . . . :. . . ':' . . . .:.. . . ., . .:X'~. ':' . . . ~ . x' ':' . . . ':' . . .: . . . ':' . . . .:' "':' . . . ':. . . . :' . . ':' . . . ':" . , x. x , . .x: . . . .:. . , . . . ... -......... 20 30 40 50 60 70 80 90 100 110 120 130 140 150 160 170 180 X = Number of Students Fitted Curve -- -- - - Average Rate )( Actual Data Points R2 :: 0.61 Fitted Curve Equation: Ln(T) = 0.79 Ln(X) + 0.69 Trip Generation, 7th Edition 1048 Institute of Transportation Engineers a: ::> o r a: w Q. CJ) W -' U s: w > en 60 Z a: ::> l- I- :J: CJ if > :J: Q. tf)20 ~vg~ (~K- -f-bv"-ulJlJ<!A4-Y "). 40 120' "':~ ::~:'1. .:~i~:ii:~tt:t::::::~ ':: [!IIII~IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII.::.I ~ 1111::: ~:~: ~:~: t!t::::::. . ... .......... ....... ." ... ........ ...... ... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .::!:!1~! ~! ~j ~ ~:~: ~::!!:!!f :::: !!:! :::: ::i! i!: I!:: I:!:!!::!:!:! i!l:! ij l:l! 1111 i! iiii: ::: t:!::::::::.. . ....::: TAPER REQUIRED :::::::::::::::::::::::::::::::::::::.~. .. ....:..::::::::::::::::::::::: :::::::::::::;: =::::::: ::; 100 200 300 400 500 600 PHV APPROACH TOTAL, VE~S PER HOUR 700 LEGEND PHV - Peak Hour Volume (also Design Hourly Volume equivalent) Adiustment for Ri~ht Turns For posted speeds at or under 70 km/h.(45 mph), PHV right turns> 40, and PHV total < 300, Adjusted right turns - PHV Right Turns - 20 . If PHV is not known use formula: PHV :: ADT x K x 0 qit;;'O)C ~. ,;) r t (( (:).. <;SIp K:: the percent of MDT occurring in the peak hour (fiJ;> D':: the percent of traffic in the peak direction of flow Note: An average of 11 % for K x 0 will suffice. FIGURE C-1-8 GUIDELINES FOR RIGHT TURN TREATMENT (2-LANE HIGHWAY) ~ VFi P-C9 L~ -l\<>vl.<- ~~(),?k~ ) C-9 WARRANT FOR LEFT-TURN STORAGE LANES ON TWO-LANE HIGHWAYS 2Lf/Lf4Ol:: 5.> ~ ::J: c.. > 800 '.,' .:' ..... j;:':".:... ,', ..' ::J: .. " ..., :;. il~ t!. i:J I~ :~~ I.' '. .~; ..._ f ...~:~ .. i}} L~ <fl. .. ,. .., ',; .:,..', ~. :".: 7 0 0 ': :~ ::: ~~. ~: ~ ;~ ~': ;; ;~ ~: ~ :~_ :: .... Orad. Uno!9n&lJzed Int.rD.clJon~ L - , L_ft TUrnD in VA S - Stor_g. Len9th R~uir.d V - ~O .ph IOp-roting/O.ai9n Speed) L - 5, .. .,~ 't;.; !fl :~; v~ :;:: :~ _' 7,', :t', .1.' I.: ..:> .. ....i :.t .:,? 't~ ~ ;:. ., ?l it; :..\ :-<t ',., :J;; .. UJ 600; ~~ ~ i~ ~ ~; ~ :. ~ ;'.?: :;:: ~. ~~.. ~ ;.; :E .. ::t- ~L~ :t: ;~ m t;; ~.: li ~;~. .... .t.: I:'. ....; ";ii':.-; .... ~ => .' ,," .'':.i ,-.' l!~ 't.l. './.~ ,,':it!. ~~ ~. ~:i ii,l '" ;.~ :i. '. 0 ....J 5 0 0 )1 ~ ;.: ....: ~: i~ ~:: fa ~.~. ~ ~= ;~ ':'~ ~..: ~~ ~~: : ~~ -:.. O~ ?1 'l.' ..c;1; <- "" ." '" .. "'." t. '.";"" t-. :'\0 I ~ 'J~ .~. o";l. ?~ .... ~; 1.:. ':J: 2:' :r.: .... t':: ":':- ..' '5;. '~i" ..-:> > ' '", , . ";7". ,~ ,,.. r~ :}"; '.~ H: L~" .,;~ :"lo ~..y '.1.. ';:, ,. 1 ~f ,.," ...,. -. '0 t,;. ..... _..;',~, ... "Iol. ..... .' 0 _ ,0;" C) 0" : ~ ~~ ~; ~~ ~ ~ ~. ~~ ~ .~; ;:. ~.J> ::~ ~; ::. ;; ~, ~;; ~ '_ z '. '>'.: -N ~.: :~. .. .:' ;~ ,I'" j~,; ~" ;-':.. :.'! I', ...0( ~. ~:.r :: ~h' ,\\ ~: Vl o c.. c.. o o > 800 :r: c.. 700 > UJ 600 :E ::l -J 0 500 > C> 400 Z V) 0 300 b... c.. 0 200 0 > :1 ..,~ c,' ~.t ~ :r: '1'.; ?"~ ;~ .":: I!J. .l .; ~r. '\.:: ::; _I} ~( r;: ~' :>&. :; 3 0 '. ;.~ ~ 'il ~t: .~. .'\{ ':001 '.t: *: c: ':1 0"" Yo'. fe. 1~ .. !'J. 0100; ';i' .. ~ ~J ?:~ :,.~ .;;: '1-: ;~(;' !:;l '\.0, U '.;:~..- :v ~.: n; .1. ~( ~~ -a,::: -V.1P.f ';', 'f~':: .~ :.~ ...... .u ~~ ,~: :I: ,& .':-t !Y ... .,. :~ ....: :::; ":. -';' ::i 1iJ:'~ :.-.. .No Left-Turn Lone R I qui red 2 0 () ~ ~ .~;;,; .~~ :~ ~. :..~ :: ~: ~; :. :::.~:; ,t. ;~ ;: ., ;; fi "II;; ;;: :; ~ .~ ;:.r ....., ;.t:: ~;; ':I; m :;:. 1: ;. tl..." '1.; -~ :.:I:" ~ ~"jj ;.~ ;;; ::r ljl ~, ~ it, ra II 4 :. q: !d ~,' Ji;. .;~ ~~ .. ~ '~""". . ".; ;.. !'\: ~:I C:~ ~~ :,. ')'If ~ ,.., :it :'h ~i1 10 n .; ; :': :' ;(~ ; ~~ :~ '. :~: ~ :. " ::. :~ :.: ~. :~ !~ ~. ~ ~ ~ ~. '; : ~ ~ ,.. r.~ .~i ... .. !l :'J '''' ., <t. ...... ..: . .<~ ~"': ~.,=: I', <;: '1: .~, ~~ :-1 ~. W T!. t1. 'j. ~, ~ ~~ .... ... T~ ~ i't 1\0. ~~ H ': I,,; :~ 'j': ! "!; ':,: "1 ."f: ..; '.. ?S: ti ... ~-: ...... ... ~.; ~ :ri ~ :Irt"! o ~~ c'; ~. ~'.~; 'J- ~lo 'j>" ';! " " .' ,~, ...).~ r: "~ ... ....'~ ~. u .~ .q: ~ ~ ~ 1", .t; ;.i.;.I~ 5=100" o 200 4 'J~(41f'i 600 800 1000 ADV~CING VOLUME (VPH) FIGURE C-1-1.2 VA ",' ~t ~ w;:~ ~; ;;.' .it, ~I' I I'\. I I I Or.d. Unei9nali:_d Int-r..ctione L - ~ Left Turna in v~ S - Storeq. Len9th Required V - 40 .ph (Operetlnq/Desi9n Sp.ed) L - , O~ :ti t;w~, .... i~. ''lI. 1:~ _, ')1 ~~ ~O: :'. ~j ... .... f} .' ..' " I'\. ;.,' . ~ '., ... '., .. ",Ii: ,.,...... .... :'. )0;' \'~: 'r':, .~. ,.: .': 'j,. ", "': ~': ,,' ~: -:'- ,.,. i~:~' ; ~.. ~ ..; :: ~,: 1'.'= i"> ..,~ ~;;... ~ ~'.... ;: ~ :~.: I~ .~ ~:: ;.: :'~ ~. ~ i'~. I ~~~ ~:~~:. ; ~ ;~ ~!::~. :~; :.: :;'~: :.~ 1~~_ ":t: .~~ I" ~,\;!;:'! J' .... ..... ;-:: .. "" .,'1 ., I: ... ~...;. ~1. (y ....~ '._ :<: ....,... I'\. ..: _.. .;:.~ .~ .., ':f; ....;~ ::-. _.. ~I'" ~ ~. '-. .. ~t;~. .':., .. '. H~ ..j." ",r.: '.... ,.. ..:. .?'" ~;; :-.:..~'. ... t'" " ." :.t ... ... :-- :? .~t ~::I:~: -., ~\,. ". .. ,.." 1'" '.... S{. ,; " ~::'51 ': ~; m .:,......... ....-.... ... ... ""'.- .h .W. ": 1r~:' :k ~'.~I\.' .:~:No Lefl-Tur.n ....,.!:. .~ l~ r~. ':. ':...., R ~,q ~:~:~ e d :::. .. ~;.:';~ '. ..- ,":~ 4'i. ,,:... :r. ~ ('~.... '~ '~; '1.;': ,'. O' ,,! 41, ,':;I i;: ~. 100 ;:1~)~ ~ ?~ ;~: :~" .~: ~~ ~~, ~~~r~,;~~"; .~ ~: ~ ~~ :;, ~~~:; :::; ;~~ '~ ~i " ~~. ~~~ ~r:~;:~~ ~:~.~tl:; :', ~:~:' ~I':~: ~ I,!: ~ ~ ~::"~.::. ~~ '.':'~.; ~:..'~ ,':..1.-:' ~.~ ,~:~ ." :~.::~'''.~. .~. ;:: ~ ' ~ o ;';~;.'I.;..,i:.. .d:... 11: l. ~J "" t..tt. ..,Ir. -cl t .t. ,.. C o \1\ ",I" o p. J' .~, ~.;> s.. "' 200 400 600 ADVANCING VOLUME FIGURE C-1-1.3 800 1000 (VPH) VA ~(Z<;O~rz~1(: ~~ L,~~)~dL ~Jt~) a: :::> o :I: a: w D- en w -' Q :I: W > en z a: ::>> t- t- :I: (!) a: > :I: n. , 20 . ~ .. 11< ...::::::::trII~@@t~II~tII~III~IIlr:t:::::.. 60 ....::: TAPER REQUIRED ::::::;:;:::::::::::;::::::::: ::::::'" 40 20 RADIUS REQUIRED 100 700 200 300 41 PHV APPROACH TOTAL, VEHICLES PER HOUR LEGEND PHV - Peak Hour Volume (also Design Hourly Volume equivalent) Adiustment for Riaht Turns For posted speeds at or under 70 km/h (45 mph), PHV right turns::' 40, and PHV total < 300. . Adjusted right turns - PHV Right Turns - 20 77~ >C O. 013(> )c 0, ?"oy. If PHV is not known use formula: PHV = ADT x K x D @ K = the percent of AADT occurring in the peak hour D = the percent of traffic in the peak direction of flow Note: An average of 11 % for K x 0 will suffice. FIGURE C-1-8 GUIDELINES FOR RIGHT TURN TREATMENT (2-LANE HIGHWAY) - :J: 0... > - w :E ::> -J 0 > Lfll/ C> z - Vl 0 0... 0... 0 0 > () *~g~~~ ~bAV / 0, ~ LP~L ~IL \h~G Dl\11 ) C-9 WARRANT FOR LEFT-TURN STORAGE LANES ON TWO-LANE HIGHWAYS 8 0 0 '.... ",': ... ;~ ~ ..~ .:' . ". II/qILf ~.{~ " ~T; .. III l;t. i:; 1_ ~~ ij ',; H ~._ . Orod. UneJ9n.li2.d. ]nt.T..ctJon~ L - ~ L.ft Turna in VA S - Stereoe Lenqth Required V . ..0 .ph (Opereiino/O."Jon Speed) L - 5~ ~~ ~t '.~ "'~ .. .:.~ ,~. _., :.:- ~..: 700~~~~~:;~~~~~~:;i~ ,.I: it: "_ 7~ :fi ~ : ,': :; ... '1. .~. ."to .;:{ 0, .. JI,; :.1 t t, ~ ;;.: ;.J: r; ....~ :.~ 11. '." ;'l "': . . . ,. 600 .. :~: i~': "" "7 i::. l~; :'~ :',. ~.: ,':_ ~ :': ~:. :~;. ;~.: i: _. .k(; .r~ 1\ - ~ ~ ~ .,... ,;'; 1l:. .' ~ J'. ....; ...... .... .L ~:.:r ..~. ~~; .' d :h. if: ::i, " ;~~: ,. I.: ~~'.; fa; ~ -;l;..' ...;. ..".; '... ....~ t.r. 'I.~ ~~.. .. ,",;0{ ~:~ -;;; ;~ i~ :~. .;; -:"'.:l',\ 0 5 0 0 ;:~: ~~'.. ;~~: ~~ ~ ;; ~:: ;~. :.~; ~~ :: .~~ ; ~: ;.' : ~~ r?o ~l~'iQ~~~'V~~~-~e'~~J~~,v~? lU~_~~~i~~>> 1~"~..~~~n:~t' 4 0 ~ ~ ;; ~~ ,~~ .~ :~ ~ ~: ;~ :j:; r;; ;~ :~ :~; ~~ ::, ~J' ;;, ~o~ ;~ ..'~~~;~l~<,:I;~~~~'U~ ~~~~~~~!: ... ~: rl :.1' I: ~'.~: 1'.: '.l t;!. ,'J.! ';. .' .I~ ~;' ~ ..: U ~; ~.... '~~' l:'t: .... 3 0 ~;~ t.~ !i::'''' H. ~ '":"\: ~ ';i; '_ .. .... J::.. 'oe; .... ... ~l OJ~ ~ :;::'.. o!l:~!1 ~' ...w. ~ ~. ;;~. ~ ..... lc' ;;;,;!~ "!:.. l!;~? M:~ t: .~ ':G '~~1lt.1~ ~'i): 'If ~.: l" !O': 'J:5.: ;,..: :to... ;r; ;r! I;.. .;: " ...~ .... ~'. .~ ;, ~. '1: -' l.i!J;:'" :cO' iNo left-Turri ~.~_ne I~equired- 2 0 f'I ~ ; ;,; ;; ~~ :;; ; ': ;; :~ ;; :. ;:, :~ ;~: ~, ;: -; ;; Ii ~: ;; ;;: ; ~ _ ;t: ~.. ~:: ~~ ;:J; ii." J;:' ~ ~-: :3:, ..., ::, .,'" ~, ~ ~ :lii ~ }j'.lJ ''1; '!!: ':";i n; l!I :.l..!: ;, :~ ;i: :ti :', ~-;: ~! ~:; .,. :V ~ h:t '0 '.' ,.'.1 ;, l\: i:": ~~l ;::z: ,;> J'f,.. J:; ;z: ~ tJ -; 1 0 0 ~:. r:: .'.'-i :;,~ i'-!' '. '.J" (r.: .'. .. Jol:'" .... .Jt ,,,,. J~ ~. ~; "1' ~ ~, !l'i ~ Fo: ,'R~ 1'.1 .. ~.' v. ~; O''',; ~i'; .'. t:' ..; 'J-: "t:., ,',,' _v. '.l .' ~..; 'o,,;.;s; '~1# it: :":J It '# !t ~l V :~', ~ ... u :"1.... ..: "/: :': ~~ ;.# '!: f'" :.'? 1";; ~ ~ ~.. kl~. W To'. ~~. ~ ~'; ~~ ... ... b ;lir ~.( ~: :':' f,.}' " j.; :1. ';"i ~ '.' '.,\ :r; '" ot:; ?)j :'i .'r' .~"; ...' ... j.~~.f ~."!.:Sj':f;t o (>; .,'1';:--' -!:t ~ .]")o! .'.;' -,' ')0.', ~. ,:!', ..... ~ ~ :t.. :,;.,. l!'i:' .. ~ ,; !~ .t..:: ~i., o 5=100" 200 1000 VA FIGURE C-1-1.2 800 I " J I I Orod., Un.i9nal!:.d Jn~.r..ction. L - ~ Lalt TurnB in VA S - Sterage Len9th"~.~uJr.d V - 40 ..ph (Operatln9/0...i9n Speed) , L - ,o~ ~i ~,i;'~ .ij;:~ \\';.. oJ ... :J: Q.. 2: .. ;:;;. ~ '10' ',.' ~~:~ ., ,~ ~;' 1'- ;~ :'!'.:- .... ':; ~~ '... !; 'I..:. '." 700 ,,',~ ~ :.~', " '. ":l;". ..:J ...;..... ... ",.. I' ~ c;: 'f;. .:~ ~: ,(1: 'i.':; .. ~. '.": UJ 600 ::E ::> -J o 500 > C> 400 Z "~ ~~: .~c, ',.' no' ;....:! ,:. .. ..; :t i':\: ;t.'; ;') ~~ f7 :1, .. ,,' ...' .. ~ ;. ,...,. 1';..j;:.... ..n:" :.::,'il:: ~ :: ~~~ ':: ~ ~ }r?::: ~~ : ~ ~. ~ ~ ~~; ~~;; s,;~ ~. :: ::. ':1 ~: ::; :.. :~~.ir Hi:: '!5:... :'J. 'l): ~:t .' 'o'U ~.>.-, tl' .. :.. .;.: '-f,:::; '" :';:' }'; t~ r,' ..~ -~~. ........ '". (". Vl o 0... 0... o ; ... '~: ..... ,;' ::'; ;;. ::,'t :f.. .~~ ''ii _ ~,: ~. .~ ~I .~i .':'i ,I .. ,~t -":'" '.. '_.' '.. :--. .~ ~::. ;,:4.'!'! ... 'n .. :L.. ~,~., f;.." p :!I '.:I-.~~ '''!: ,....: ._-..... -.' .s.~ .: u,. ::! :l ': U'~ \:/. Op. I.... J' ~ ~S-r 300 o > ,. ,..,... ....~--, . ,.. '.." ... ... I,V" '. "'1 I " ; N 0 l eft - Turn .. ,: ~. .: .. 2 0 0 ~A CO n eRe qui red .; .: ~:: '~; f ;): ... v: ''''*:'''1 ~.t -O~ ...: ". ..~.._ '" -1:; .....I:~. .' .... <f '., ;-: jr.; ,-:, ~~., ':~ ':, '." ::,1::-: ,:",: "": ~ -i:: -..' 100 ~i~~.~ ,~ ~,~: ",' " ~~ ~:: ~~~:0t18i:~ ~ ~: ~~' ;~~ :;i t~.~;::, :.'.: .~~ f;; :~: .. ~~, ;~ :;~i:;: ~~~~~(l~~ :~ ~; tt.1~~.~ ~ ::. ~~ o ~-i';'::~I~~ '~l'; ~: .' :J, !~ ~:~ ~.t.::~,:;: ~\~'~'I': ~;I~~ '1._ o 800 1000 (VPH) 200 400 600 ADVANCING VOLUME FIGURE C-1-1.3 VA 3 c' tn in OJ ::l ~ ..:- ;.; :Z c :c: .>< ~ <<I: ;!J :Xi ". :; ... Xl => ::> N ~ ;0- m 13 :E ~ 1:1 ::i :i1 ~ u ~ ~ ~ III f ti 5i E ::l IS ::l ~ .>< c ~ ~ III ::l :; ~ I PROJECT NAME () CiiCNL'M-<- &fiflTI5-r CI.fv,Lcl-!- TYPE --r1.iI-r-.A c CONTENTS -A'l\IA-WSi ~ f 12"AL ffolltt.. . 1'0. Z: b@tVif. Ii: : . j : tr-J: t?, ! ..tJt2 )ve , ! I ill ) /(P t :' : i I,;: j -,-- ._, 70_. (1 ,/)1:IV.:.. ~I 10, , ! ! I ~ : r?/~ .,42Ivfi ~-1 ' .; . . !.. ' I I .! . ~-j~ I '1 ! : I , T- ~. j.._: _J._ : I '. - - . . -- I DATE b /; r I ;?;oC?'f 0 .1;;/1 CALC. BY CHECK BY DM:k / '.r:;. I 0, . I PROJECT NO. Dr 077 I SHEET NO. i - i i'~ ~ i I . I I : I ! . or ,j' I. .. l : !_ . I I I f;;~i +, '21 ~&si *'';0.- i Iii' I ' : ., I '-_~--~-I-_:_~'---!_.'_ --,.- __';4 _ ~..~.- _ _.L.____ ~ .._~_ _~.._ __.~. ~ ee.LhJ:J. _.. I .lK. . iI~ I-; ~t.-!fJ. ~ :B1J' , , i ' , ~ i : j :. 1-.: . ! . i ! !~ i~ I , ' I , I !Zjl s: .! I ' : ; ~ __.1.._ -J-- -Iu I::;: ; 2.{17 I ; . j ! i I I , . l. . ~ I I . ! ! I .,?W,t/-J...../ '.>/ S , . I . . M rht SF-A-r: I . i ; , ~ " . . 1F~1:1: . ! ~-I-- 6 -<JL,o - 1..... I' ,- I 1~!5J'S 7~fJ tZ;-{p-n~rJ :? I : ! I , ,I 1, I I , DESIGN 0 llC , ~ ~ -;.S) ! , , I 1-... i ; . .! I I I ..J : I i" . . I I , , LctrO{2.@4-D uv~ f?EkfL -f()- h/A-LY<;-.lS) a: ~ o :I: a: UJ Q. en w -I 2 :I: W > en z a: ;:) .- .- ::x: ~ a: > ::x: D.. 6ft 120 . 60 40 RADIUS REQUIRED 100 200 ~~300 400 500 600 PHV A~ACH TOTAL, VEHICLES PER HOUR 700 LEGEND PHV. Peak Hour Volume (also Design Hourly Volume equivalent) Adiustment for Riaht Turns For posted speeds at or under 70 km/h (45 mph), PHV right turns> 40, and PHV total < 300. Adjusted right turns - PHV Right Turns - 20 L!2- 2-0 ==-@ If PHV is not known use formula: PHV = ADT x K x D K = the percent of MDT occurring in the peak hour D = the percent of traffic in the peak direction of flow Note: An average of 11 % for K x D will suffiCe. FIGURE C..1-B GUIDELINES FOR RIGHT TURN TREATMENT (2-LANE HIGHWAY) ~VJZ '.- ):2.0A-[:) C >v/VLJA-'f( ~Dtc. -tfoLl~ /b./-+t-V.s/~ ) WAR RAN T FOR LEFT - T URN S lOR AGE l AN E SON 1 W 0 -l A N E HI G H WAY S :r: 70 Q.. > UJ 60 :E ::::l ...J 50 o > C> 40 z VI 30 ~(ij) o 20 o > 80 n .. ., -. ..;.' .' .. ~:. I 1\ ; I'". ". '., " :1; , Grade On.. ignill hed IDt.or.... :: '.-: .' ." ". .;. >. 1\ 1\ L . t L~ft Turn.. in VA 0 .. " ~ .., S - Storage ~ngth Roqulr : ..J;' o. .. '.. ... 1\ V' . 40 ..ph (Operating/o... '. .,~ : .. .', ....: .. I" L . 30t 'i~ /2-1 :1: :;;; .,A . ':;.~ y. I I' 0 .) ~ ~'. .. '. ~ ;-: ".1 ~: ~. I , ~. .. ~. :;: " ~;,; ~:., I , '. ;; 'r. t~ ...."': '~I I I r-... '.. '. .. .. ~. ... .' l: " ". 1~ "- 0 ~1.; .Y. :,.: ~.:. ,.:.: \ " .. .' ... ~ " ':i.': :,. :..;. " '" .. ~ .' ~~-~ :l:: ": " ',;, ~: ~: ~'; ;0 ~~ ~;~ :1":< U:. .. " ~.:. ~::~ ,'1.1\;0 I" 0 ;; "" :i; :i'i a !~ 'ki 1~ :;:,P.~ ....!- )~ ..~ 1~: :'..: ~! ~ ~ fj: ,; "Z .- !t: ~tf r: f:.';':. '~:. #. 7(. -4. ;~;,; . ~l: j:;'; :J~ . . ;", -;.; ~.. 1\1 ~ 0 '" ;II ~'.;; i.~;t. ~~~ ;f; ~ r.~ Pl/ I I ;:f, ~ ,- ~; m ...; ;t, y;. ~-;o l,' ?;i~.\ " I' ~ .... ~" :..- ~r... . :-;;; -~~ ."'\ ))" ,.~ '1':0. ;;:;:1} ..: r.:'::\ I I I "-I .J No le ft- ru n ..... I j'\. " <$ I- 0 .1 r :t< \' J'~ I ~~" S~IO. La ne Require d 0 '~ I' J'~ ~" .. .> .; ., e, '>:. ,. ,> _ ,.~ :.. .~ o~ ~~ ("<\ so'-;' ~ "I.> ~o1--l ~t rti ~~ : ~\ :;.;. :';;: ... r:~ t~ :fi; Off it"'! ~~ S.~O.~ 0 :{ ','" fl' ..' -.. .. .>': ., >" .... .'. -- ~ f. '. 7' ~:f 'C-:. t.; '~-.1'J ;~ !!o) 'i": :~ : n J: ~ v' ~' ;!':~ ~."i .. ?t-: ~,~i ~:. .. ~;o:. !r. ~" .~ , ,iE, :~".' "., " -. ::::.: ;-.-i '-' ... .. ?ll ~"I. ,. :'? 1 0 ';\ ~:. ~~: .. '..; ',.' ... ;,;. '. " .. " ^ I I 0 2 O~l 4 00 600 8 0 0 1 000 1"l...r: A A 0 V A N CI N G V 0 L U M E ( V P H ) C.tiODS &d I qn Spe<O-<ll c.I ::. 2.(, ~2 /-ol..<.Nf:> ~-h> $~ ?oADtUV k-rl v 10 FIGURE C-1-1. 6 800 ,_ :~: .i.':' .. ):~ ~'.:: ;~'.; '" ;,.'; Crade Un..ignaliz.d Intereecticn.. L . t LOft Turns in VA S . Storage Len9th Required V. 40 eph (Operating/Design Spe.cl L . 40~ ::I: t,~ ';.: :;:': ,'" II. CL. 700 ., ,.. ". " .. -".. > :. .. ;,. " .C> ~ ,.':";.;.:'::;': .-...... w 600 :E ::::l .... o 500 > C> 400 Z Vl ~ 300 CL. o o > 1\ ._ i:;..;lt", 0' ",:( 0" . ;'1 ~:~ !~~ . '. :1 .;.:! 1\ 1'\ r\ 1\ :: :~ :';', ;~:: !~..\ ~ "' ....... ." "P ..; .,..., "'. ;': , ...'... ;0. p4 .'.\. ... n. '. :1..' ... .-P ~ ~.~:~~; .:: ::.: ~~~. ~ . . . ..^ :.. .,~ .. ....' . ." - \ 1\ I'\: :.: :-:' -:;;..:': ,"; " f'.. '.. '... ". u ."(; .'. S,~ 1-1- "-J~..?~ l\. \.'-I-J'~" J'~ '-', .1', t..,- J''' S';.. ,,"). "" "'.- '/ ~" " "("" -2 ~l-..1' ;l>.. .I.> .('0 . SO, \ .1', -~ O'f-~ S~ ~ O. .. ..:-::.. " ; "- t\. 200 No left-Turn < La he -.. "h Required : I v- I I \\ I -0 , o. \: I . 100 0" >1 o II 200 400 600 800 1000 VA ADV ANCING VOLUME (VPH) FIGURE C-1-1. 7 @ 120' '. -/f,;'QfJ/IE'/t.GfOA- P'04-D Uwv "'''Y r~ ~ A-irA-!-'f rt S ) a: ::::> o :I: a: W Q. en W ..J U :i: w > en z a: ::> .- .- :I: (!) a: > :I: Q. ::j:::j:j::~:::ti::::.. 1 00 ':~:~:~:~:~:}~:}~:~:~:}~::~:" !I~~j~f~~~~~~~~j~IIIIj~jt}~~:::::... ~: ~: ~: ~: ~: ~: ~: ~: ~:~: ~: ~:~:~: ~: ~:~: ~: ~: ~: ~: ~: ~:~: ~: ~: ~: ~: ~: ~:~:: :::: ~. . 80 .................................... ::~i:ilj::~~I~lljll~:::':I~I'lllj::::~I:IIII:lil~:il'l11~111:1~llljllll!'~llllllh:i:t):::::.:.. 60 '.' TAPER REQUIRED :.:.:.:.:.: ':':':':':':':':':':':':'.. 40 20 RADIUS REQUIRED 100 700 200 300 ~1. 400 ~ PHV APPROACH TOTAL, VEHICLES PER HOUR 600 LEGEND PHV - Peak Hour Volume (also Design Hourly Volume equivalent) Adiustment for RiQht Turns For posted speeds at or under 70 km/h (45 rnph), PHV right turns> 40, and PHV total <300. Adjusted right turns - PHV Right Turns - 20 If PHV is not known use formula: PHV = ADT x K x D K = the percent of AADT occurring in the peak hour D = the percent of traffic in the peak direction of flow Note: An average of 11 % for K x D will suffice. FIGURE C-1-8 GUIDELINES FOR RIGHT TURN TREATMENT (2-LANE HIGHWAY) G':'.! --..4 /lrzl?st/IJ@l~ ;ttJl'~JVN L'J/rf( o f/EfrtC ----/b'-'r/L lrN-1L-~:51 S ) C-9 WAR RAN T FOR LEFT - T URN 5 TOR AGE LAN E SON TWO _ LAN E HI G H WAY 5 8 0 0 ;<, '" ,.\ ", ~, ~.. ,~.:. .' '. :r: 0.. > ',' ~11 '.:- ;i:: ,-; ';:3 t. :..\i h. '" ',~~ ,," .'~ ,~:. .... ,;.~ .;:~ -, ~';: ,... ~::--', ... ~.' Or.d. UneJon.li%.d Jnt.raactJona L - , L_ft Turns In VA S - Stor.9_ Len9th M.qulr.d V - ~O mph (Op-r_t1nv/D.alvn L - 5" 2.J:> !P3D : $'" epe_d I ~ 700;~~W~~~Qmu~~~~ ,;, 1l"t. .,. ,"': :n' U' '.01' 1-', ...' lJ..' ~i': ...:,. -:.: ::. ( . :,", ,~ :T', i+ .r- ,It ",~ ~: I.. ...... ~_ ... ~ 'It! .':'!l ..~i ~ ~: .... r.;, .... .t,.' '.'.~ ....'. - ~ :J: :;,{. ~ 'J' :!. .\; .,. ~ :.*" +. .:' ii2 :'.:' '-'. ~ 6001~;;;~:~~~~:~r~~f ~;iB~ ~ ~ => ~'._'~ ':'~': ':':'. ~ ~:. ~~:. :~ :?Y. ; ~~ ';:. t; ;!~~T~;~:; i~~ 0..... .-J 500 Ii ,.. r'; ':.~ 1!: I!t... 1~1 _'t','?Y .'J..:~ ")... 'I" ;:1.~; '.~.:l1 r\ o :'i ::-. ~;: :~i: ~ #r (f: ~;;.; i~' "',, ~!~ -..:: .~~ ~. h'~ ~t ~d l}~ 0 > ~ :.~ ~ ~ ~ ~ ~ ~ ~ ~~ ;t,; ';:.. :' ~ ~f ~ .;; ~ ~,. ~~... ~ 4-Q 0 ~ ; '~ ~~ ~~ ~~ ;:~ I~. ~;; !~~ ~~: ;~ ~;~ ~: ~:. ~; ~ ~; ~' .~ ~. :Jnn-: :. ~ ~ ;:, i ;; ;, "':; ~~ ~~ ~; : ;1:. ~ ::. ;~~:;; ,::' _ ~ .. 1'.~ J:: :~: !t ::t t~ S. ~ ~~ '!i. ~... ':1 ~ ~ :~ ~~ .it: JJI ~ ~ .' o el ~~ :.~ .,;.' 1:J t-i~ ~S ~~ ~. ;::; A ::. ',I~ l~ ;~ ~, ~Il~ l.".S !4f" &:i 1i, 0.. .r"..~ "1-/1;/':;" ]"? 'if. I;. " ." ~~ ,- It; .....!-:-J.1lC; ::.<i.l<J..W1 " 0.. !'N"o le f t- t ~ r';' "(~' j.;'e ' R~ qui re ~J: o 20 ..... .r ... ~ ~ .. " -, ,.. ~. ..."'c;; r;;; ", '" " v .. r ~ J; JtI t:I I:-~ ,r: ~.. :Ii til _ -~ ~. ?~ " ~~ ~:l. ~ "....I;r.; :.'P ~ ii?t ~~: a; ~ ,~ o ;l! ,loii :J; ~:~ ;J, ~.; !;. ~ ~~ t.. !-:. -; f :f'; =;..~. ~;r :t~ -1.1 ~. '":i :~ ..~ ~ > 10 n ~ S ~ ~, ~ ~ ~;, ;~ :~ ; ~ ~, ~ ~ ~. ~ ; 2 ~ ~; ~ ~ S ~ ; E :: ~, .~~.~ :;; .. f! :~ ,.., ~ yo: -. t'" ~ >~ ..~ ._ ;;l~. ;), ~< ::! Uk ~ IF. $; ~ iJ.~ ~; ~ t"~ h Pf N: ~. :IJ, ~~' ,..~ ~~ ~ ,"~i. ~~ ..- ~,~ ._: ,1: _i.; f; ;i; ;i ..t~ ~ ....,. :\; i:"~ ~.r ~ ~~ :Ii::r .t'_ o ~ -~ ~.- .1:; ,--- iti J"~ '" 'S,: ~ 1; ,.1 -:.:'~' :'I :'.:~ ...." ..... :::.:,., Jl: :; :a: '~i, ~~ ~ ':'i.; 5=100" o 2 o VA 40~~ 600 800 ADV'A'-Nt:ING VOLUME (Vf>H) , FIGURE C-1-1.2 1000 800 ~ ~:i}.rt ...~ :~ ~ .... .? '" ~ I I i I I Orado. Unaign.li:ed InteraoetJona L . ~ Loft Turna in VA S . Storago Longth Roqulrad V . <10 .mph (Oporating/Do"ign Spa.d I L . 'O~ .: ~ ~, t~ ::; :l~. ~... _.. ,31'. ,j; :I: :..~ ft-; :~: H .. ~: !~ :1:. ~ 0.. 700 .....i".,;'),~,~ '. > ,....~ a:; ~'.' ',. ... ~: .,.-:" ',' :.. l~ '!') ;~! ,t: It: 'i~' ;1. ~J "",::' ...~ ~. ":" ~~ ...." ~),. n~ 1 ~.. ~ ...; ~ 600 ::> --' . o 500 > C> 400 Z Vl 0 300 0.. 0.. 0 200 0 > 100 ;~~~~m~ri~'h\ r :: ~ ;;- .~.-of '.-" ~k ~~~ " ;~ ~~ .~~ ~:' "..\0 !-; ~ :-i~' t....."'S,; ~ ?'~: r.' ,-'.... ~;'" ? ~'I :"" ;J';. rt ::; -:','. u; ~"i ';' .... .,... ~. 11: '" !:.I>- .V, '.: '~"i ~..~ -:::: ~.u ... ::.. : !f .-:.: ... J~; :.~: -\;.' ,'. .....' .;. ,. ':': !:~ :: ..... .~~ .~. ..~ ~) ,~.;'...... u~ .~~ 'fl,... V II ; ~. ;;~; :;~ ~:;: :: :~, ':.;' ~'~ '..~ !::: t .~~. ~;, ::.; \1: '.'";J ',:If ,),.' {;, . :~~ :;.: ~.~ :,:' ': V' ;(:~:t ~: :t: ~i:; ;.;.It..,. ._--.., .Ai ~'.. .,... '.;-.J~ .:... ... ;':Ir.-.. ";11 ;'~I :: (.: No 1 e it ':" lu r n . '.: ~. ;# .. ~J~ Cane R:equired<,:.;<::~~;. ~ ,)': "": ~'" v~ '~:..,,~ ~.-:!" :......~'...~...--;. 10., {. :'t. .~ ~ ;'~ <i 'I"~~: ~ ~; s~ "~~I;:,: i~, j., i~ :7 ~ ,,"'= ir: ~;.' I ;.~L~ ~ ~ .;~~ ;~"~;; ;; ;~,!:~;:~~.:~%;;. ~ ;! ~~. if:~ ]- ;";~~r~ ~I; 'i':: ~". t..':.' .; ~C' '1~.':;'" :..~.(l:'~ ~.: ~ 1H:il ~: f~; o r;i~:;'~ ~t~ ~ ~ "~' j~ ti~ +.p.f~,~ ::)i~:~/i ~l;. ". o ., '" \1':\ "'~. o p. I' J' '/ ~d'... 200 VA 4.00 600 ADV ANC.ING VOLUME FIGURE C-1-1.3 800 1000 (V PH) o () tf( ~ . ,,(.if IN c..fZ. ..,.. (;;y COp;;" Road, / / v.\ ~ R'7llY;~~'~ (..?!<1 ~ To ~.erger ~ Rl~NW ~ 1"~ v-t- "0 Ii) @ Time No. of Vehicles Time No. of Vehicles 9:00 to I.Ql:ll. 9: 00 to 75 r!f lz.~ 10:00 10:00 "J-"3/ 10:00 ' "'.-' 10:00 to 11:00 : '. !'. to 11:00 C( :~ 11:00 to ' /..1-: 11:00 to 1.2..1, 12:00 , I ~:. 12:00 1,7 12:00 II q 12:00 \37 to 1:00 to 1:00 \7:' .~J @ Time No. of Vehicles Time No. of Vehicles '" H IL' 0::: JIp 9:00 to 9: 00 to 10:00 0'1 10:00 &,. ~ 10:00 10:00 ~( to 11:00 to 11:00 1- 11:00 to .11:00 to ., 12:00 12:00 <u , - 12:00 ..' 12:00 :;; '1 I to 1:00 to 1:00 '-i -3' ~ L - t @ @ ~ ,. Time No. of Vehicles Time No. of Vehicles 9:00 to ~ ""~ 9: 00 to ) .,. "- 10:00 ~ 10:00 ~ - o. S ~ ... S 1 "" 10:00 10:00 3 to 11:00 to 11:00 '3 - 'f :: Z- ,. 11:00 to ; 11: 00 to f 12:00 '2 12:00 ~ ., = 'D 0 12:00 12:00 to 1:00 -- to 1:00 w ;- ~l sw.. u, ~ ~ ~C$ Intersection of Cove Road, NW, Barrington Drive, NW & Routt Road, NW D-09079 = ,. " . 2203 PETERS CREEK ROAD. NW - ROANOKE. VIRGINIA 24017 . Phone 540.562.2345 - Fox 540.562.2344 ,. !l DIESDI1IlM ENGINEERING - SURVEYING - CONSTRUCTION MANAGEMENT J (~ -.J ,'Vf I~)I {~~./ .~ P (&!-k7 'Tu"tf'.I' A!""JJ. . /..leFT flJt:.f'./J ershberger Road, /lfW- 't'~D(j) ~/ <> @ e'tim~Cr U1~ r c:vMi ~'1'f- 21> @ C>Uf'1 (ta#, -U / ~ G) -- @ Time No. of Vehicles TIme No. of Vehicles 9: 00 to 10:00 \[51 ~ : \\.p~l:..~ :),\ s,. "@PIP 2,' /) 9: 00 to 10:00 10:00 to 11: 00 ')3/ w;~ 10:00 to 11:00 11:00 to 12:00 11:00 to 12:00 12:00 to 1:00 12:00 to 1:00 ~ f o ~ (~) @ TIme No. of Vehicles TIme 9: 00 to Z 7 9: 00 to 3 10:00 10:00 en c 10:00 10:00 to 11:00 to 11:00 11: 00 to 11: 00 to 12:00 12:00 12:00 12:00 to 1: 00 to 1:00 .: '2-(, No. of Vehicles ~ ~ @ @ TIme No. of Vehicles TIme .., 11-- r2. 9: 00 to J 9: 00 to .~ 10:00 0, 10:00 \ 10:00 0::: ["'7 10:00 to 11:00 to 11:00 11:00 to 11:00 to 12:00 12:00 12:00 ~ 12:00 to 1: 00 to 1: 00 ~ o ~ CJ-f- - : - - T - - - - - - - - ~ ! J .' f . I " I J / I' I D\ I \~ /00" / ; / if LL~:' ! J ' J I ~ J I I --, , -- -- '. ...",.. . ._...:~ C'P.j,*,-- ~ ''''' aD ,~.'" ~ I J /J<i'.6'.!1 ~M HZ08/: ~ 63907/5 /ff.s:O 'cP.l1 . .; /5aa P.390?OZ / ~ ~ ~39()7/4 ~~ t' , . ....- ~.~ '" ~ ,.~ ",' .... '907010 \1'0 .. .. I:> '" ~ I I I I I I I I I I I I I f I I I I I I 33.5 ~ ~ .- ;: ~ t "}::" f:- Q, \1'0'" ...... .... ~ ~ ~ ~ ~s." Ii' .. .. ~ II> .. ,.. ~ Ii' :to .. p ~ '" I ~ . t~\~1 '" .~ 2 ~ ~ .. '" '" ~ 98.' 80.Z1 /43.8 2.0'~ '1.&1 O!:lC; ? 1.8,2 Ac.. Z5~O\ 5" '1/7/~. ~(d_ Z/a3.., ...... 90.0 " , ~ ~ ~ 0 '" 0 0 0 . a ~ v ~ ~ ~ ~ _J 0 ;:, '" \ ..,...,.,.-~...s -~:a- s Ul o ~ o ~ ~ -';:;~..-.~-;== c: C -, ADJOINING PROPERTY OWNERS Tax Parcel No. 6391308 Malouf Spousal Trust Tax Parcel No. 6391313 Central Baptist Church TAX MAP NO. OWNERIS\ I ADDRESS ZONING 6391302 Orville J. Gates R-7 1639 Barrington Road, N.W. Roanoke, Virqinia 24017 6391303 John S. and Mary L. Bethea R-7 3534 Harvest Lane, N.W. Roanoke, Virginia 24017 6391304 Sylvia Hunter R-7 3526 Harvest Lane, N.W. Roanoke, Virqinia 24017 6391305 Aubrey Carson Plunkett R-7 Margaret Head 3518 Harvest Lane, N.W. Roanoke, Virginia 24017 6391306 Maynard R. and De Lois G. Harriman R-7 3510 Harvest Lane, N.W. Roanoke, Virginia 24017 6391308 Malouf Spousal Trust R-7 4025 Mudlick Road, S.W. Roanoke, Virqinia 24018 6391307 Reginald L. Duckett, Jr. R-7 Kevin L. Duckett 3022 Willow Road, NoW. ! Roanoke, Virqinia 24017 , 6440214 Marie Nicole LaPierre R-7 3518 Cove Road, NoW. Roanoke, Virqinia 24017 6440215 J. Donald Pugh R-7 Po O. Box 6172 Roanoke, Virqinia 24017 6440216 Denis R. Cruz R-7 3529 Hershberger Road, N.W. Roanoke, Virqinia 24017 c c TAX MAP NO. OWNERlS) I ADDRESS' ZONING ~ 2560202 RFJ Properties R-7 P. O. Box'191 Salem, Virainia 24153 2560201 RFJ Properties R-7 P. O. Box 191 Salem, Virainia 24153 2560102 Newbern Properties LLC R-7 2353 Highland Farm Road Roanoke, Virainia 24017 6391309 Hazel Beatrice Emerson R-7 . Dolores Emerson Perry 3547 Hershberger Road, N.W. Roanoke, Virginia 24017 6391310 Benedite Desir , R-7 3629 Troutland Avenue, N.W. Roanoke, Virainia 24017 6391311 Ronald E. and Annie L.Layne R-7 3571 Hershberger Road, N.W. Roanoke, Virginia 24017 6391312 Ronald E. and Annie L. Layne R-7 3571 Hershberger Road, N.W. Roanoke, Virainia 24017 2560137 Newbern Properties LLC R-7 P. O. Box 6402 Roanoke, Virainia 24017 2670902 Roanoke Country Club, Inc. ROS P. O. Box 6069 Roanoke, Virainia 24017 6391019 Juan H. Parra R-7 Maria G. Arellano 3585 Hershberger Road, N.W. Roanoke, VirQinia 24017 6391003 Louise Everett Otey R-7 1515 Fairhope Road, N.W. Roanoke, Virginia 24017 i. G' .. ../ .". --:f c' TAX MAP NO. OWNERIS) I ADDRESS ZONING 6391004 Kenneth J. and Ella Whitmer Griggs R-7 1523 Fairhope Road, N.W. Roanoke, Virginia 24017 6391005 Lee Roy, Jr. and Elizabeth Witt R-7 1529 Fairhope Road, N.W. Roanoke, Virginia 24017 6391006 Nathan R. and Karen Frances Tuning R-7 1535 Fairhope Road, N.W. Roanoke, Virginia 24017 6391007 Romie and Amanda D. Jenkins R-7 1913 June Drive Roanoke, Virginia 24019 6391008 Robert S. and Elizab~th M. Dooley R-7 1609 Fairhope Road~ N.W. Roanoke, Virginia 24017 6391009 Linda D. Edmonds R-7 1615 Fairhope Road, N.W. Roanoke, Virginia 24017 6391010 Leonard W. and Doris C. Allen R-7 1621 Fairhope Road, N.W. Roanoke, Virginia 24017 6391011 Benjamin U. and Laverne G. Barnett R-7 1627 Fairhope Road, N.W. Roanoke, VirClinia 24017 6391012 Tina K. Ferguson R-7 1633 Fairhope Road, N.W. Roanoke, Virginia 24017 6391016 Charles E. and Drema G. Mitchell R-7 1640 Barrington Drive, N.W. Roanoke, Virginia 24017 & ~~ c -- -;I o IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGlNIA The 20th day of July,2009. No. 38549-072009. AN ORDINANCE to amend 9 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain property within the City, subject to a certain condition proffered by the petitioner; and dispensing with the second reading of this ordinance by title. WHEREAS, Central Baptist Church has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the hereinafter described property rezoned from R-7, Residential Single Family District, to INPUD, illstitutional Plamled Unit Development District, for the purpose of developing the property for a place of worship and child day care center; WHEREAS, the City Plmming Commission, after giving proper notice to all concerned as required by 936.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public heariug 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 July 20, 2009, after due and timely notice thereof as required by 936.2-540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an oppOliunity to be heard, both for and against the proposed rezoning; and WHEREAS, tins Council, after considering the aforesaid application, the recOlmnendation made to City Council by the Planning Commission, the City's O-Central Baptist Church-rezone. doc 1 0...... -,. o v Comprehensive Plan, and the matters presented at the public hearing, finds thatthe public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject property, and for those reasons, is of the opinion that the hereinafter desclibed property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the' Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that Official Tax No. 6391313, located between Barrington Drive, N.W., and Hershberger Road, N.W., be, and is hereby rezoned from R- 7, Residential Single Family District, to INPUD, Institutional Planned Unit Development District, for the purpose of developing the property for a place of worship and child day care center, as set forth in the Zoning Amended Application No.2, dated June 18, 2009, and subject to a condition proffered therein. 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: ~~. 'rvt'Uv0 City Clerk. C O-Central Baptist Church-rezone. doc 2 ~\ o o ~' ~.~._'-"~-~l .__ I ~l' ! <t: I t ......." \ .,.;.w: I ~ I ----r. I I Ilr ii,' 'Ii ; Ii' I; I; !Ii , i l' ~.--+ .-- I N~a"1Yl::lru.:MnlJ.s / !)N'O"'Una Noun:) I UI -.-.--.... ._~~ --<- --- ~ :1 11t'Na'Olf.1IOW V^ 'All::> 3>lON'v'O~ _....'~tn_o.~ nH::> lSll.d'v'8 lV1:llN3::> . filh ~~. r ~ , !iUVD L .. , , '~ ~l 14. .n' , . l:l !I 1..8"'.1' -'J~~.1ii . I A J 'J"""- , I I II .i I' ; I :! I!! , Ii I r ~, Ii ~ i I I' , 1 I ! ! ! i ! I I . ! I =;'11 will ..I IIi 1~ln 'I ~ ... ~ 6 ;~ .., ; ~ ~ tii --l' ~ fa tLUlDnrlWlVUIWtlJHOl 1tl000000anl....slWllJ'1 s: t"'.lJU'IfIQ)_1 .81DN1l'l1Wun-rcaWAJ.t t~'WIUlV" InVlllvanoov..n'ilu.,1., L~- Vi .2 tu.IJ~au.:J'V.mO:) .~ en 'g tl en r~ <I) <I) S tJ 8 fa 0 l:l :i I'l ~ I ] tLUlunnOOIYMiWlOICP '. InClNDlI'W1IntI'tlIWAl.C', tu..uBfVlo:)DaHlII ~ IlI:JNlKtWln-M:w.u.' tolUJ'MIU,," j IIIVlIIIl1'11mtllOY9'tr!W.U.1 t.u..al~IGI1UY,,"O:J - l3 ; '" "0 j GV(llI~IRlJII OI....V.IU.V..IIYlUSIQiW~aut. .f .--1. II ; r I ~i~~ , ~.n< hU - . \. o o \fINI~~IA "3)10N\f0~ .:10 .ul~ H~~nH~ lSlld\fB lWlN3~ ~O.:l N\fld IN3Wd013A30 I1II 1111 [ill ~ ~ I ~! ~~ ~i~ nil" II W IBI . i Jt!~ ~ ~ gi I ~I lfi ; I l. iI Ilh HIli f ,I i'. I Jf ii i J JI ~I 5 I if ~I i I II ~.'. ! HI~; I I' g~ . II ml ~! ~!I~~ II I~ The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times --------------------------------------------------+------------------------ GLENN, FELDMANN, DARBY & GOODL PO BOX 2887 37 CAMPBELL AVE ROANOKE VA 24001 City/County of Roanoke, Commonwealth/State of Vi~.i ia.. Sworn and subscribed before me this _ I __day of Feb 2010. Witness my hand and of l.cial seal. v-: - --~/f- Notary Public ~-- t. .1 NOTICE OF PUBLIC : HEARING . . I The Council of the City of Roanoke will hold a public hearing on Tuesday, February 16, 2010, at 7:00 p.m., or as soon thereafter I 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 th~ following: Request from Central I Baptist Church to amend ,t h e P I ann e dUn i t IDevelopment Plan on a parcel zoned INPUD and ;bearing Official Tax No. '6391313 on Hershberger Road, N.W., and .to rezone a parcel bearing Official Tax i No. 6391308 from R.7,1 Residential Single Family . District, to INPUD, Institutional Planned Unit Development District, in .order to provide for better access for the development and allow for better placement of. the storm water man<igement pond, as proviifed in a development.plan dated 11/16/09. 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 27th day of January, 2010. Stephanie M. Moon, CMC City Clerk. REFERENCE: 80078049 11937192 NPH-Central Baptist State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: PUBLISHED ON: 01/29 02/05 ,,"....",,11 ",\ ~cENJ.f~.i", -.,.., ~. ...........::'~ "'., .:~....NOTARY ...~ ~ ~~: PUBLIC '. ~ -,..". --It- : : REG. #332964: : -*. ON.- : : MY COMMISS\ : ~ : ;..... ... f/j\ C :' #S: <If...~ . . ('~ .. "'~_' 'n...~" ',"~ .... .... ~-"s.~ "~O"" ...... ~~ ~... """ IV~ ~~t" ~,\", +..HHn~~'" ' (11937192) TOTAL COST: FILED ON: 418.08 02/05/10 --------------------------------------------------+------------- Authorized Signature: Billing Services Representative {" <t~~ "C NOTICE OF PUBLIC HEARING The Council ofthe City of Roanoke will hold a public hearing on Tuesday, February 16, 201 0, I at 7:00 p.rn., 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 Central Baptist Church to amend the Planned Unit Development Plan on a parcel zoned INPUD and bearing Official Tax No. 6391313 on Hers4berger Road, N.W., and to rezone a parcel bearing Official Tax No .'63 913 08 from R - 7, Residential Single Family District, to INfUD, InstitJtional Planned Unit Development District, in order to provide for better access for the development and allow for better placement ofthe storm water management pond, as provided in a development plan dated 11/16/09. A copy of the application is available for review in the Office ~fthe City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. All parties in interest and citizens may appear on the above date and be heard on the matter. .'~ ~/ If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at 853-2541, before noon on the Thursday before the date ofthe hearing listed ..-:P' above. GIVEN under my hand this 27twayof January ,2010. //,....'.,.. ''-. Stephanie M. Moon, CMC City Clerk. .,.,' ..~/ Central Baptist-amend PUD Plan.doc Note to Publisher: Please publish in The Roanoke Times on Friday, January 29, and Friday, February 5, 2010. Send Publisher's Affidavit to: Send Bill to: Stephanie M. Moon City Clerk 215 Church Avenue, S. W. Room 456 Roanoke, Virginia 24011 (540) 853-2541 Maryellen F. Goodlatte, Esquire P. O. Box 2887 Roanoke, Virginia 24001-2887 (540) 224-8018 mgo9dlatte @ gfdg;com NPH-Central Baptist-Amend PUD Plan.doc CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke; Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov STEPHANIE M. MOON, CMC City Clerk JONATHAN E. CRAFf Deputy City Clerk February 3, 2010 CECELIA T. WEBB Assistant Deputy City Clerk Maryellen F. Goodlatte, Esquire P. O. Box 2887 Roanoke, Virginia 24001 Dear Ms. Goodlatte: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Tuesday, February 16,2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City COl.jncil Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on the request of Central Baptist Church to amend the Planned Unit Development Plan on Hershberger Road, N. W., and to rezone a parcel from R-7, Residential Single Family District, to INPUD, Institutional Planned Unit Development District, in order to provide access for the development and placement of the storm water management pond, as provided in a development plan dated November 16, 2009. 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 February 16th public hearing. Failure to appear could result in a deferral of the matter until a later date. Sinc~rely, ~o~c~ 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: c1erk@roanokeva.gov STEPHANIE M. MOON, CMC City Clerk JONATHAN E. CRAFT Deputy City Clerk February 3, 2010 CECELIA T. WEBB Assistant Deputy City Clerk Mr. Orville J. Gates Ms. Sylvia Hunter Mr. Aubrey Plunkett Mr. Reginald Duckett, Jr. Mr. Denis Cruz Newbern Properties LLC Ms. Linda Edmonds Mr. Benedite Desir Roanoke Country Club, Inc. Ms. Louise Everett Otey Mr. and Mrs. Kenneth Griggs Mr. and Mrs. Nathan Tuning Mr. and Mrs. Robert Dooley Mr. and Mrs. Benjamin Barnett Ladies and Gentlemen: Mr. and Mrs. John Bethea Malouf Spousal Trust Mr. and Mrs. Maynard Harriman Mr. Donald Pugh RFJ Properties Ms. Hazel Emerson Mr. and Mrs. Charles Mitchell Mr. and Mrs. Ronald Layne Mr. and Mrs. Lee RoyWitt Mr. and Mrs. Romie Jenkins Mr. and Mrs. Leonard Allen Ms. Tina K. Ferguson Mr. Juan H. Parra and Ms. Maria G. Arellano Ms. Marie Nicole LaPierre Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Tuesday, February 16,2010, 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 Central Baptist Church to amend the Planned Unit Development Plan on Hershberger Road, N. W., and to rezone a parcel from R-7, Residential Single Family District, to INPUD, Institutional Planned Unit Development District, in order to provide access for the development and placement of the storm water management pond, as provided in a development plan dated November 16, 2009. This letter is provided for your information asan 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 February 3, 2010 . 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 . Sincere y, .. In. ~~ Stephanie M. Moon, CM~ City Clerk SMM:ctw '~.. -~ AFFIDAVIT PERTAINING TO REZONING REQUEST AND AMENDMENT OF PROFFERS OF: Central Baptist Church, Hershberger Road, NW Tax No. 6391308, from R-7 to INPUD Tax No. 6391313 Amendment of Proffer& ) AFFIDAVIT ) COMMONWEALTH OF VIRGINIA CITY OF ROANOKE ) ) ) TO-WIT: The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 4th day of January, 2010, notices of a public hearing to be held on the 20th day of January, 2010, on the request captioned above to the owner or agent of the parcels as set out below: ~, _/ Tax No. Name MailinQ Address 6391302 Orville J. Gates 1639 Barrington Drive, NW Roanoke, VA 24017 6391303 Mary Bethea 3534 Harvest Lane, NW Roanoke, VA 24017 6391304 Sylvia Hunter 352 Harvest Lane, NW Roanoke, VA 24017 6391305 Aubrey Carson Plunkett 3518 Harvest Lane, NW Margaret Head Roanoke,VA 24017 6391306 Maynard and De Lois Harriman 3510 Harvest Lane,NW Roanoke,VA 24017 6391308 Malouf Spousal Trust 4025 Mudlick Road, SW Roanoke, VA 24018 6391309 Hazel Beatrice Emerson 3547 Hershberger Road, NW Dolores Emerson Perry Roanoke, VA 24017 6391310 Benedite Desir 3629 Troutland Avenue, NW Roanoke, VA 24017 6391311 Ronald and Annie Layne 3571 Hershberger Road, NW 6391312 Roanoke. VA 24017 ~ ~. 6391003 Louise Everett Otey 1515 Fairhope Road, NW Roanoke, VA 24017 6391004 Kenneth. and Ella Griggs 1523 Fairhope Road, NW Roanoke, VA 24017 6391005 Lee Roy and Elizabeth Witt 1529 Fairhope Road, NW Roanoke, VA 24017 6391006 Nathan and Karen Tuning 1535 Fairhope Road, NW Roanoke, VA 24017 6391007 Romie and Amanda Jenkins 1913 June Drive, NW Roanoke, VA 24019 6391008 Robert and Elizabeth Dooley 1609 Fairhope Road, NW Roanoke,VA 24017 6391009 Linda D. Edmonds 1615 Fairhope Road, NW Roanoke, VA 24017 6391010 Leonard and Doris Allen 1621 Fairhope Road, NW Roanoke, VA 24017 6391011 Benjamin and Laverne Barnett 1627 Fairhope Road, NW Roanoke, VA 24017 6391012 Tina K. Ferguson 1633 Fairhope Road, NW Roanoke, V A 24017 6391016 Charles and Drema Mitchell 1640 Barrington Drive, NW Roanoke, VA 24017 2560202 RFJ Properties POBox 292 2560201 Salem,VA 24153 6391307 Reginald L. Duckett, Jr. 3022 Willow Road, NW. Kevin Duckett Roanoke,VA 24017 6440214 . Marie N. LaPierre 3518 Cove Road, NW Roanoke, VA 24017 6440215 J. Donald Pugh POBox 6172 Roanoke, VA 24017 6440216 Denis R. Cruz 3529 Hershberger Road, NW Roanoke, VA 24017 ...Z!J~ 1tkP- ~~ Martha Pace Franklin ~IIQ~(,CI!::H:::n Al\.ln ~\^,(,,\CI\.I +'" hof",ro mo "" 1\.1",+"",,, Dllhlil" in +ho (,i+\1 ",f C",,,,,n,,,lio CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk February 22, 2010 Maryellen F. Goodlatte, Esquire P. O. Box 2887 Roanoke, Virginia 24001 Dear Ms. Goodlatte: I am enclosing copy of Ordinance No. 38731-021610 amending and reordaining Ordinance No. 38550-072009, closing a portion of Barrington Drive, N. W., subject to certain conditions. The abovereferenced measure was' adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, February 16, 2010, and is in full force and effect upon its passage. I. Sincerely, ~m. '1b~ Stephanie M. Moon, CMC City Clerk pc: The Honorable Brenda Hamilton, Clerk of the Circuit Court Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Ann H. Shawver, Director of Finance Susan Lower, Director of Real Estate Valuation Philip Schirmer, City Engineer Martha P. Franklin, Secretary, City Planning Commission h <0~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of February, 2010. No. 38731-021610. AN ORDINANCE amending and reordaining Ordinance No. 38550-072009, closing a portion of Barrington Drive, N.W., subject to certain conditions; and dispensing with the second reading by title of this ordinance. WHEREAS, in an application filed on June 18,2009, the applicant sought to rezone Official Tax Map No. 6391313 from R-7, Residential Single Family District, to INPUD, Institutional Planned Unit Development District; WHEREAS, by adopting Ordinance No. 38549-072009 on July 20, 2009, City Council rezoned Official Tax No. 6391313 as requested; WHEREAS, in an application filed on May 7, 2009, the applicant sought to have City Council close a public right-of-way situate in the City of Roanoke particJlarly described as a 0.151 acre portion of Barrington Drive, N.W., and terminating at a parcel bearing Official Tax No. 6391313, in connection with the rezoning of Official Tax No. 6391313; WHEREAS, by adopting Ordinance No. 38550-072009, on July 20, 2009, City Council . intended to permanently vacate, discontinue and close the portion of Barrington Drive, N.W., as requested, subject to certain conditions; WHEREAS, Ordinance No. 38550-072009 provided, among other conditions, that the applicant must complete the following improvements before a plat is recorded with the Clerk ofthe '.. Circuit Court for the City of Roanoke to effect the closure as requested: 1. Improve the intersection turning radius on Fairhope Road at Hershberger Road and on Barrington Drive at Cove Road in accordance with the Virginia Department of Transportation Road Design Manual and/or the City of Roanoke street design guidelines as determined by the Roanoke City Traffic Engineer. O-Central Baptist-amend-reordain ordinance.doc I , ~'. 2. Install a westbound deceleration taper on Hershberger Road and Fairhope Road in accordance with the Virginia Department of Transportation Road Design Manual and/or the City of Roanoke street design guidelines as determined by the Roanoke City Traffic Engineer. 3. Install a south eastbound deceleration taper on Cove Road at Barrington Drive in accordance with the Virginia Department of Transportation Road Design Manual and/or the City of Roanoke street design guidelines as determined by the Roanoke City Traffic Engineer. WHEREAS, in an application filed on December 3, 2009, the applicant requested amendments to the Institutional Planned Unit Development site plan filed in connection with the rezoning of Official Tax Map No. 6391308; and WHEREAS, on February 16, 2010, City Council approved by Ordinance the requested amendments to the INPUD site plan, including a turn lane off of Hershberger Road which eliminates the necessity ofthe three conditions contained in Ordinance No. 38550-072009 and set forth above. THEREFORE, BE IT ORDAINED by the Council ofthe City of Roanoke that the following paragraph of Ordinance No. 38550-072009 be deleted in its entirety, and that such ordinance be reordained as amended: "BE IT FURTHER ORDAINED that the applicant shall complete the following improvements before the aforementioned plat is recorded with the Clerk of the Circuit Court for the City of Roanoke: 1. Improve the intersection turning radius on Fairhope Road at Hershberger Road and on Barrington Drive at Cove Road in accordance with the Virginia Department of Transportation Road Design Manual and/or the City of Roanoke street design guidelines as determined by the Roanoke City Traffic Engineer. 2. Install a westbound deceleration taper on Hershberger Road and Fairhope Road in accordance with the Virginia Department of Transportation Road Design Manual and/or the City of Roanoke street design guidelines as determined by the Roanoke City Traffic Engineer. a-Central Baptist-amend,reordain ordinance.doc 2 3. Install a south eastbound deceleration taper on Cove Road at I;3arrington Drive in accordance with the Virginia Department of Transportation Road Design Manual and/or the City of Roanoke street design guidelines as determined by the Roanoke City Traffic Engineer. " BE IT FURTHER ORDAINED that the applicant shall record a certified copy of this ordinance along with the copy of Ordinance No. 38550-072009 that is to be recorded with the Clerk of the Circuit Court. BE IT FINALLY ORDAINED that pursuant to the provisions of 912 ofthe City Charter, the second reading ofthis ordinance by title is hereby dispensed with. , ATTEST: ~trJ. h1o~ City Clerk. f O-Central Baptist-amend-reordain ordinance.doc 3 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 February 16, 2010 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member ( Dear Mayor Bowers and Members of City Council: Subject: Modifications of conditions associated with Ordinance No. 38550-072009, vacating, discontinuing and closing a portion of Barrington Drive Background: - City Council passed Ordinance No. 38550-072009, vacating a portion of Barrington Drive, subject to three conditions. This ordinance was passed concurrently on July 20, 2009 with a rezoning application on the applicant's property at Official Tax Map No. 6391313. The rezoning application (ordinance) approved an INPUD site plan for development of a church campus. Since then, the applicant has purchased Official Tax Map No. 6391308 and altered its proposed design for the site. Concurrent with this request, in a separate application the applicant has requested amendments to the Institutional Planned Unit Development (INPUD) site plan and to rezone Official Tax Map No. 6391308. By a vote of 7-0, the Planning Commission recommended approval of the request in a public hearing on January 21, 2010 finding the proposed rezoning to be consistent with the Zoning Ordinance, Peters Creek North Neighborhood Plan, and Vision 2001-2020. If approved by City Council, the INPUD site plan will include a turn lane off Hershberger Road, thereby eliminating the necessity of the current conditions contained in Ordinance No. 38550-072009. Thus, the applicant requests that those conditions be removed from the ordinance. Honorable Mayor and Members of City Council February 16, 2010 Page 2 The conditions for which the applicant requests removal are as follows: 1. Improve the intersection turning radius on Fairhope Road at Hershberger Road and on Barrington Drive at Cove Road in accordance with Virginia Department of Transportation Road Design Manual and/or the City of Roanoke Street Design Guidelines as determined by the City Traffic Engineer. 2. Install a westbound deceleration taper on Hershberger Road and Fairhope Road in accordance with Virginia Department of Transportation Road Design Manual and/or the City of Roanoke Street Design Guidelines as determined by the City Traffic Engineer 3. Install a south eastbound deceleration taper on Cove Road at Barrington Drive in accordance with Virginia Department of Transportation design standard requirements, in accordance with Virginia Department of Transportation Road Design Manual and/or the City of Roanoke Street Design Guidelines as determined by the City Traffic Engineer. All other conditions will remain the same. Recommendation: Amend Ordinance No. 38550-072009 by deleting the above conditions. All traffic related improvements on the site will be included on the applicant's site development plan. Respectfully submitted, Darlene L. Burcham City Manager /f Attachment 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 Chris Chittum, Agent, City Planning Commission CM 10-00026 QItntrnI ~aptist QIlptrc4 1502 STAUNTON AVENUE; N.W. ROANOKE. VIRGINIA 24017 REV. JOSEPH A. KEATON PASTOR TELE"HONE CHURCH (703) 348274 RESIDENCE (703) 38t-4737 January 7, 2010 HAND DELIVERED . Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice-Mayor Honorable Gwendolyn W. Mason, Council Member Honorable M. Rupert Cutler, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member clo Roanoke City Clerk 215 Church Avenue, S.W. Noel C. Taylor Municipal Building, Room 456 . Roanoke, Virginia 24011-1536 Re: Request for modification of conditions associated with Ordinance No. 38550-072009 (the "Ordinance") Dear M.ayor Bowers and Members of City Council: In July 2009 City Council enacted the above Ordinance which vacated a 0.151 acre portion of Barrington Drive, N.W. A companion ordinance (No. 38549-072009) rezoned an 8.6090 acre parcel owned by Central Baptist Church in order to allow its development and use by us as our new church home. . The Ordinance attached conditions requiring specific improvements to three offsite intersections as a consequence of the primary entrance of the Church campus being on Barrington Drive. Those three conditions are as follows: 1. Improve the intersection turning radius onFairhope Road at Hershberger Road and on Barrington Drive at Cove Road in accordance with the Virginia Department of Transportation Road Design Manual and/or the City of Roanoke street design guidelines as determined by the Roanoke City Traffic Engineer. 2. Install a westbound deceleration taper on Hershberger Road and Fairhope Road in accordance with the Virginia Department of Transportation Road Design Manual and/or the City of Roanoke street design guidelines as determined by the Roanoke City Traffic Engineer. . Mayor Bowers and Members of City Council January 7, 2010 Page 2 3. Install a south eastbound deceleration taper on Cove Road at Barrington Drive in accordance with the Virginia Department of Transportation Road Design Manual andlor the City of Roanoke street design guidelines as detennined by the Roanoke City Traffic Engineer. Since the enactment of the Ordinance, our engineers have been working toward the finalization of our site plan. Challenges arose relating' to the placement of the stonnwater management pond. In order to meet the City's current stormwater management requirements, significant excavation work would be required, adding hundreds of thousands of dollars to our costs. Analyzing alternatives with our engineers, we recognized that if the Church acquired the adjoining 3.3873 acre undeveloped tract (tax parcel 6391308), the Church could locate its stonnwatermanagement pond on that parcel, using the sloping terrain to its advantage and significantly reducing excavation work. And, by acquiring tax parcel 6391308, which has significant frontage onto Hershberger Road, a better access could be provided. We have proceeded with that new approach, and have requested that tax parcel 6391308 (which the Church has contracted to purchase) be rezoned to INPUD with corresponding changes to our Development Plan. A public hearing before the Planning Commission on our request has been scheduled for January 21. If acted upon by the Commission that afternoon, our request is scheduled to come to Council for public hearing on February 16. As depicted on the INPUD Development Plan, a boulevard style entrance for our Church campus will be provided onto Hershberger Road and serve as the primary point of ingress and egress. Barrington Drive will serve as a secondary point of ingress and egress. The impact of this revised access has been studied by traffic engineers, including the City's traffic engineers. Using Hershberger Road, rather than Barrington Drive, as the primary access for the church campus eliminates the need for the offsite road improvements currently required by the Ordinance. Accordingly, we respectfully request that the three specific conditions set forth in the Ordinance be removed. If we can provide you with any additional background related to our request, please let me know. Very truly yours, CENTRAL BAPTIST CHURCH By: '1~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA ~e 20th day of 'July, 2009. Bo.38550-072009. AN ORDINANCE pennanently vacating, discontinuing and closing a certain public right-of-way in the City o.f Roanoke, as more particularly described hereinafter; and dispensing with the second reading by title of this ordinance. WHEREAS, Central Baptist Church filed an application to the Council of the City of Roanoke, Virginia ("City Council"), in accordance 'with law, requesting City Council to permanently vacate, discontinue and close a certain public right-of-way described hereinafter; WHEREAS, the City Planning Commission, after giving proper notice to all concemed as required by S 30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held on such application by City Council on July 20, 2009, after due and timely notice thereof as required by S 30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens \'Vere afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land prop11etors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, City Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: O-Central Baptist Church-vacate-no money.doc 1 A 0.151 acre portion of Barrington Drive, N.W., te:rminating at a parcel bearing Official Tax No. 6391313 be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as City Council is empowered so to do with respect to the closed right-of-way, reserving however, to the City of Roanoke and any utility c.ompany or public authority, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sanitary se,over and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across such public right-of-way, together with the right of ingress and egress for the maintenanc.e or replacement of such lines, mains or utilities, such light to include the right to remove, without the paYIl1ent of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to tenninate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or other utility or facility by the owner tbereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of tbe Circuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise dispose of the land within the light-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-af-way. In addition, said plat shall dedicate a public access easement to provide an area for vehicles to enter, turn around, and exit the property. O-Central Baptist ChUTch-vacate-no money.doc 2 BE IT FURTHER ORDAJNED that the applicant shall complete the following improvements before the aforementioned plat is recorded with the Clerk of the Circuit Court for the City of Roanoke: 1. Improve the intersection turning radius on Fairhope Road at Hershberger Road and on Barrington Drive at Cove Road in accordance with the Virginia Department of Transportation Road Design Manual and/or the City of Roanoke street design guidelines as deterrnined by the Roanoke City Traffic Engineer. ~. Install a westbound deceleration taper on Hershberger Road and Fairhope Road in accordance with the Virginia Department of Transportation Road Design Manual and/or the City of Roanoke street design guidelines as determined by the Roanoke City Traffic Engineer. 3. Install a south eastbound deceleration taper on Cove Road at Barrington Drive in accordance with the Virginia Department of Transportation Road Design Manual and/or the City of Roanoke street design guidelines as determined by the Roanoke City Traffic Engineer. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation '\vhere deeds are recorded in such Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the applicant, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FCRTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. a-Central Baptist Church-vacate-no money.doc 3 BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of twelve (12) months from the date of the adoption of this ordinance, then such ordinance shall be nun and void with no further action by City Council being necessary. BE IT FINALLY ORDAINED that pursuant to the provisions of ~ 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: .~~ hr). rnb0Y0 City Clerk. " "- O-Central Baptist Church-vacate-no money.doc 4 "'~---T d --: . .--.. I _ ___ _._.. 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Ii!! rdh;J i .1.. .. .. b ~ ~ i ~ 'b~~ l.~ R3'~ S~ t 9 ~ *, ~Di~N 5sai!u. ~~!!:~;~~!. i~I:~ 2 · & ~ a~~ ~ Iffr~l ~1~I"n bl D ~.i' I'l~ - IiI" t ~ ; ~ j M ~ r~~~il ~pM.i i$ "b le;~ ;;61 1 'I U: L i: ~~ ~ ~ ~~ f I i~ :i! I il!!!:1 ;i~I~:!;i i; ii!i~; I ';11; !!i; !!~i: lil~ I! Ii Il~lfili lip,III!I!!! illl'" I!! ii Ii d~111 ~ !III ;311 ii. = I., ;~ I ! 59 ; I h!! ! hI! II ill :& nt" ~ ". 0 I It i Iii i ill; d ~U: ill i! ~PI'.I d liil! ~ ~ ! 2 f ~ C c" =~~ i~ r~ on I. hg~~ . ; -! ~ 3 3 ~ ... ~, -{ h 'rB~E' 'lIh ; rl g os ;11, I I \! I:.; ~l; ~~ · J i~!~I;d i.d.i.r;1 ili ~bl ii / UL; ,!d ;~; " mn;li mUm m~MI~:1 R~m !! I .,.,.'~ '" .-11 n~~" I / !~ \ !! . li"ii \Jj~/ IEIII hm t P! llll '~I : Ii ii~;i , l B II !ii!~ I I I \ ~ I _" !~ ! ~l " \, '\ - , , 'i ! me IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of February, 2010. No. 38732-021610. AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the conveyance of a parcel of City-owned property, being a parcel on 14th Street, S.W., Roanoke, Virginia, bearing Official Tax No. 1211105, to Habitat for Humanity in the Roanoke Valley, Inc., upon certain terms and conditions; and dispensing with the second reading ofthis ordinance. WHEREAS, a public hearing was held on February 16, 2010, pursuant to SS15.2- 1800(B) 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 such conveyance. BE IT ORDAINED by the Council ofthe City of Roanoke that: 1. The City Manager and the 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 parcel of City-owned property, being a parcel on 14th Street, S.W., Roanoke, Virginia, bearing Official Tax No. 1211105, to Habitat for Humanity in the Roanoke Valley, I Inc., by deed of gift, with a stipulation that the property must be developed for single-family housing for homeownership as part of the present Hurt Park revitalization efforts, and in accordance with the terms and conditions as more particularly stated in the City Manager's letter to this Council dated February 16, 2010. 2. All documents necessary for this conveyance shall be in form approved by the City Attorney. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of \ \. /7 this ordinance by title is hereby dispensed witl1. ATTEST: ~lo).~()hv 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 February 16, 2010 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: Conveyance of City-Owned Property for Hurt Park Revitalization Purposes Background: The City and its partner agencies have been engaged in revitalization activities in Hurt Park since FY 2007-2008, when Community Development Block Grant ("CDBG") funds provided over $1.0 million for infrastructure improvements to assist the Roanoke Redevelopment and Housing Authority's Low-Income Housing Tax Credit project on Salem Avenue, which replaced the former Hurt Park Public Housing Development. In FY 2008-2009, housing revitalization efforts expanded into the broader neighborhood through the City's collaboration with the Roanoke Neighborhood Revitalization Partnership, composed of the RRHA, Total Action Against Poverty, Habitat for Humanity in the Roanoke Valley, Inc. ("Habitat"), Rebuilding Together Roanoke, and Blue Ridge Housing Development Corp. A parcel of vacant land owned by the City since 1982 on 14th Street, SW, (tax no. 1211105; current assessed value $3,200.00) is in the revitalization area and is of a size that will allow for construction of a new single-family home. The City desires to convey the property to Habitat for construction of the home. Habitat currently has a subgrant agreement with the City to construct or rehabilitate eleven (11) homes to be sold to eligible buyers as part of the Hurt Park activities. The parcel to be conveyed would provide the site for one of the eleven (11) homes. Funding for the subgrant agreement is provided to the City by the U.S. Department of Housing and Urban Development ("HUD") under its CDBG and HOME Investment Partnerships ("HOME") programs. Habitat provides volunteer labor, donated materials and additional funding as part of this subgrant agreement with the City. Honorable Mayor and Members of City Council February 16, 2010 Pag e 2 Considerations: It is the intent of the City to gift this property to Habitat. The deed to be prepared by the City Attorney's office will stipulate that: · Habitat must design and construct a home on this property that meets Neighborhood Design District guidelines; · Construction must be completed and the home sold to an eligible buyer by the end date of Habitat's Hurt Park subgrant agreement with the City; and · In accordance with the terms and conditions of its subgrant agreement with the City, should Habitat not complete the construction and sale of the property by such end date, all funds disbursed by the City to Habitat for this property, plus the assessed value of the property at the time of its conveyance by the City (i.e. $3,200.00) shall be repaid by Habitat to the City. When developed, the annual property tax return to the City is anticipated to be approximately $1,200, recouping the value of the land conveyed in three years. Recommended Action: Authorize the conveyance of the 14th Street, SW, parcel (tax no. 1211105) to Habitat, in accordance with the terms of the subgrant agreement with Habitat and the terms stated above of the deed to be prepared and approved as to form by the City Attorney's office. Respectfully submitted, Darlene L. Bur ham City Manager DLB/feb 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 . I ~ jJ ~: t' ,- ~:. ~ ,I '.. <J ~ CM 10-00027 The Roanoke Times Roanoke, Virginia Affidavit of Publication ~ ., .'. The Roanoke Times ------------------~-------------------------------+------------------------ CITY OF ROANOKE, DEPARTMENT OF ROOM 305 NORTH 215 CHURCH AVENUE, SW ROANOKE VA 24011 NPH-Hurt Park 1- . NO~'CE OF PUBLIC ; HEARING I The City of Roanoke proposes to convey a parcel of City owned property on 14th Street, SW. to Habitat for Humanity in the Roanoke Valley, designated as Tax Map No. 1211105, In order for Habitat for Humanity in the Roanoke Valley to develop the area Ifor single-family housing for Jhomeownership as part of the present Hurt Park :revitalization. I Pursuant to the Ir e qui rem e n t s 0 f 19915.2-1800 and 1813 ,Code of Virginia (1950) a~ :a~ended, notice is hereby /g,ven 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 Tuesday, February 16, 2010, 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, February 11, 2010. GIVEN under my hand this ist day of February, 2010. STEPHANIE M. MOON CLERK REFERENCE: 80171757 11948903 State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publish~r of the Roanoke Times, a daily newspaper pu~lished in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Vi~nia. Sworn and subscribed before me this __~~day of Feb 2010. Witness my hand and official seal. '. ~~C2::NotarY Public ",111111", ""\~'D'( A L.,q II,,, ,'" t>..\'''....... J-:.. ........ ... ~'r- . . . 'S? '" ~... ~ .... NOTARY", ~ "'"" :: :' PUBLIC ". "'t-:. ~ * f REG. #7090930 ': * ~ = C":l:. MY COMMISSION.: = -:. ~. '. ~P!B,qS I : ~ ~ -:.~. '. -{U'~-~ .' ~:: ...... -"::V, ". ..' ($- ...... ..... 11M_ ......... d~ ...... ...... '-YfALHJ Gt" ,,'" '" 'Ill \' 111;'in,t\\\ PUBLISHED ON: 02/05 (11948903) TOTAL COST: FILED ON: 190.32 02/15/10 --------~~--.....::::'" It --------------------------------------------------+------------------------ Authorized v-:: ~A 171t signature'-;f~~~-t~ Billing Services Representative ~ -I -<: ("", r- rt1 2S! ...... .. I-'- aSt 'T1 rn I-'- en D ::=:: J.--'o. .s. C.) I-'- \{dL NOTICE OF PUBLIC HEARING The City of Roanoke proposes to convey City owned property on 14th Street, S. W. to Humanity in the Roanoke Valley, designated as 1211105, in order for Habitat for Humanity in Valley to develop the area for single-family homeownership as part of the present revitalization. a parcel of Habi ta t for Tax Map No. the Roanoke housing for Hurt Park Pursuant to the requirements of' ~~15. 2-1800 and 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 Tuesday, February 16, 2010, 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. Ci tizens 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, February 11, 2010. GIVEN of February under my , 2010. hand this 1st day STEPHANIE M. MOON CLERK Notice to Publisher: Publish once in the Roanoke Times on Friday, February 5, 2010. Send affidavit to: Stephanie M. Moon, CMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853-2541 Send bill and affidavit to: Frank Baratta Room 305 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-6405 ()ac IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of February, 2010~ No. 38733..,.021610. AN ORDINANCE authorizing the City Manager to execute a lease agreement with Georgia R. Crump, d/b/a Nuts & Sweet Things, for approximately 290 square feet of space in the City Market Building for a month-to-month term, effective March 1, 2010, not to exceed twelve (12) months; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on February 16, 2010, pursuant to ~~15.2-1800 and 15.2-1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens wer~ afforded an opportunity to be heard on the proposed lease. THEREFORE, BE IT ORDAINED by the Council ofthe 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 Georgia R. Crump, d/bla Nuts & Sweet Things, 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 March 1, 2010, not to exceed twelve (12) months, at a rental rate of $718.00 per month, upon certain terms and conditions, and as more particularly / /1 described in the City Manager's letter to this Council dated February 16, 2010. 2. Pursuant to the provisions of Section 12 ofthe City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~h1.mONU 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 February 16, 2010 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Lease Renewal for Nuts & Sweet Things in City Market Building Background: Georgia R. Crump, owner and operator of Nuts & Sweet Things, has requested a lease renewal agreement for approximately 290 square feet of space to operate a restaurant serving sweets, ice cream/frozen yogurt. The current lease expires February 28,2010. The new lease term is month to month, not to exceed twelve months, beginning March 1, 2010. The proposed agreement establishes a base rent rate of the following: Per Square Monthly Rent Annual Rent Square Footage Foot Amount Amount 290 $29.71 $718 $8,615.90 The common area maintenance fee is $318.27 per month. Recommended Action: Authorize the City Manager to execute a month to month lease, not to exceed twelve months, with Georgia R. Crump d/b/a Nuts & Sweet Things, for approximately 290 square feet of space in the City Market Building Honorable Mayor and Members of City Council February 16, 2010 Page 2 located at 32 Market Square, Roanoke, Virginia 24011, beginning March 1, 2010. All documents shall be approved as to form by the City Attorney. Respectfully submitted, Darlene L. Bu City Manager DLB/c1t Attachment: Month to Month Lease c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Asst. City Manager for Community Development Robert B. Ledger, Manager, Economic Development Cassandra L. Turner, Economic Development Specialist Joshua L. Mabrey, Accountant/Accounts Receivable CM10-00032 LEASE Between THE CITY OF ROANOKE and Georgia R. Crump d/b/a Nuts & Sweet Things C:\OOctJIIENTS AND S~'RDCT1\MY DOCt.l'4ENTS\N11I'S AND SWEET THnmS\2010 MONTH TO MONl'H LEASE,DOC HEADING PREM ISES TERM BASE RENT; ESCALATIONS COMMON AREA MAINTENANCE LANDLORD OBLIGATIONS TENANT'S OBLIGATIONS USE OF PREMISES EXCLUSIVITY ASSIGNMENT AND SUBLETTING IMPROVEMENTS SURRENDER OF PREMISES INSPECTION INSOLVENCY OR BANKRUPTCY OF TENANT TRANSFER OF LANDLORD'S INTEREST ESTOPPEL CERTIFICATE DAMAGE TO THE PREMISES DEFAULT OF TENANT CON DEM NATION COVENANTS OF LANDLORD NO PARTNERSHIP BROKERS COMMISSION NOTICES HOLDING OVER BENEFIT AND BURDEN GENDER AND NUMBER ENTIRE AGREEMENT LEASE INDEX PAGE 2 3 3 3 4 4 4 4 5 5 5 5 6 6 7 7 7 7 7 7 8 8 8 C:\OOCUMENlS AND SETI1NGS\EDCT1\MV OOCUMENTS\NUlS AND SWEETTHINCS\2010 MONTH TO MON'TH lEASE.DOC I INVALIDITY OF PARTICULAR PROVISIONS 8 HAZARDOUS SUBSTANCES 8 INSURANCE 9 SECURITY DEPOSIT 9 INDEMNIFICATION 10 COMPLIANCE WITH LAWS AND REGULATIONS 10 FORUM SELECTION AND CHOICE OF LAW 10 FORCE MAJEURE 10 EQUAL EMPLOYMENT OPPORTUNITY 11 DRUG-FREE WORKPLACE 11 RULES AND REGULATIONS 11 SIGNAGE 11 GUARANTY 11 LIABILITY OF LANDLORD 12 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:\OOCUMENlSANO SETTlNGS\EDCTI\MV OOCUMENT3\NU1SAND SWEETlHINCS\2010 MON1H TO MONTH LEASE.OOC II LEASE THIS LEASE is made this ____day of ____~_______________20l 0 by and between the CITY OF ROANOKE (hereinafter referred to as "Landlord"), and Georgia R. Crump d/b/a Nuts & Sweet Things, (hereinafter referred to as "Tenant"), WITNESSETH: In consideration of the mutual agreements hereinafter set forth, the parties hereto mutually agree as follows: J. 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. Stalls #~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 March J, 2010, ("Commencement Date") provided that such terms shall not exceed twelve 912) months. 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, except until the twelfth (J 2) month. Each renewal term shall be upon the same terms and conditions as the prior month, and upon the mutual agreement of the parties. 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 P ~ h h f h L d h f II' h d I remises or eac mont o t e ease accor inq to t e 0 OWlnq sc e u e: Period Square Per Square Monthly Rent Annual Rent Footage Foot Amount Amount Amount 3/1/09 - 290 $29.7 J $718 $8,615.90 3/31/09 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 ofthe 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 ofthis 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 amount of five percent (5%) of such total monthly rent payment. All delinquent C\DOCUMENTSAND SErnNGS\EDCT1\MY DOCUMENTS\NUTSAND SWEETlHINGS\2010 MONTH TO MONTH LEASE.DOC 1 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 permittedby 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 Eiahteen Dollars and Twentv-Seven cents ($318.27) 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 Bu i1ding(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) (I) 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, (0) 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 ofthe Building, their employees, agents, servants, customers and invitees. The Common Areas further include, without limitation, roofs, walls, vacant areas, food court, elevator(s), C:\OOCUMENl;AND SElllNGS\EDCTl\MY DOCUMEN15\NUTS AND SWEETl'HINCS\2010 MONTH TO MONl'H LEASE.DDC 2 restrooms, stairways, walkways, ramps, foundations. signs (excluding Tenant's signage), security cameras, lighting fjxtures 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 ofthis Lease, ordinary wear and tear excepted, and not use any part ofthe Premises or the Common Areas of the Building in a negligent manner. (b) Tenant shall take good care ofthe 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 ofthe 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 Sweets, Ice Cream/Frozen Yogurt 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 1 0:00 a.m. to 6:00 p.m. (not less than eight (8) hours per day, Monday through Saturday) ofthe Building as established or as may be amended by Landlord and (ii) the Premises shall be used only for such purpose. The Building will be closed for the following C:\DOCUMENTS AND SETllNGS\EDcn\MY DOCUMENTS\NUTS AND SWEETTHINGS\2010 MONTH TO MONTH LEASE. DOC 3 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 ofthe customary business hours or on the Holidays stated above. 8. EXCLUSIVITY Tenant operates a restaurant serving Sweets, Ice Cream/Frozen Yogurt cuisine as outlined in attached menu noted as Exhibit "(". 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 ofthe 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 impairthe sales of the other tenants ofthe 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 of the Landlord be inconsistent with the intended uses ofthe 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 overwhether 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 SUBLElTING Tenant shall not voluntarily or involuntarily assign this Lease in whole or in part, nor sublet all or any part ofthe 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 Ten ant'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 power wiring 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 shiill repair any damage to the Premises caused C\DDCUMENTS AND SET11NGS\EDCT1\MYDOCUMENl'S\NUTS AND SWEETniINCS\2010 MONTH TO MaNni LEASE.DOC 4 thereby. Any personal property remaining in the Premises at the expiration ofthe 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 ofthe 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 ofterminating 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 to time 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, ifthere 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 ofthe 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 C:\DOCUMENTS AND SETTlNCS\EDcn\MY DQCUMENTS\NUTS AND SWEETTlJINCS\2010 MDNTlJ TO MONlH LEASE.DOC 5 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 prompt written 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 ifthe 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 ofthe 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 IfTenant shall fail to pay any monthly installment of Rent and/or as required by this Lease, or shall violate or fail to perform any ofthe 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 ofthe 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 ofthe term ofthis Lease, landlord shall use its best efforts to relet the Premises on the best rental terms reasonably available underthe circumstances and ifthe full rental hereinabove provided shall not be realized by landlord, Tenant shall be liable for any deficiency in rent. Any C\DDCUMENT> AND SEmNGS\EDCTI\MY DDCUMENTS\NUT> AND SWEETTliINGS\2010 MONTH TO MONTH LEASE.DDC 6 damage or loss of rental sustained by Landlord may be recovered by Landlord, at Landlord's option, at the time ofthe 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 cOl')demned by any governmental authority for any public or quasi-public use or purpose (including sale under threat of such a' taking) then the term ofthis Lease shall cease and terminate as ofthe 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 ofthe 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 ofthe covenants, terms and conditions ofthis Lease to be performed by Tenant, Tenant shall, during the term hereby created, freely, peaceably and quietly occupy and enjoy the full possession ofthe 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 ofthis 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 Sauare. 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 SEmNGS\EDcn\MY DOCUMENTS\NUTS AND SWEETTHINGS\2010 MONTH TO MON1H lEASE-DOC 7 24. BENEFIT AND BURDEN The provisions ofthis 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 re~eipt of any Notice (as hereinafter defined) from any person or entity, Tenant shall deliver to Landlord a true, correct and complete copy ofany 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 SETTlNGS\EDCT1\MY DOaJMENTS\NUTS AND SWEETlHINGS\201 0 MONlli TO MONTH LEASE.DOC 8 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 ofthe 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 ofthe 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 shallprovide landlord evidence satisfactory to landlord (j) 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 ofthe term ofthis lease and upon each renewal ofthe 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 ofthe policy without thirty (30) days prior written notice to Landlord. If same is not provided with ten (l 0) 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\DOCUMEN15 AND SETllNGS\EDCTI\MY DOCUMfN15\NU15 AND SWEHTIiINGS\ZOl 0 MONrn TO MONTIi 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 ofthe terms, covenants and conditions ofthe 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 ofthe failure of Ten ant to keep and perform any ofthe terms, covenants, and conditions ofthis 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 Ten ant. Should the entire deposit, or any portion thereof, be appropriated and applied by Landlord for the payment of overdue rent or other sums due and payable to Landlord by Tenant hereu nder, 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 MAIEURE 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 regul~t,ons, riots, insurrection, war, or other reason of a like natu re not the fault ofthe "party delayed in performing the work or doing acts required under the terms ofthis Lease, then the time allowed , C\OOCUMENTS AND SET1ING5\EDCTI\MYDOCUMENTS\NUTSAND SWEETTHINGS\20J 0 MONlH TO MONlH LEASE.DOC 10 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 ofthe 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 (j) 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; (iil) 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 ofthe 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 ofthis 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 "0" 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:\DOCUMENlS AND SEmNGS\EDCT1\MY DOCUMENTS\NUlS AND SWEETlHINGS\201 0 MONTli TO MONTli LEASE-DOC 11 writing. Tenant agrees to provide information concerning Guarantor(s) 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 of this 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, orthe termination ofthis 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 ofthe Premises or the Building, or from water, rain or snow that may leak into, or flow from, any part ofthe 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. Intentionallv Omitted C:\DOCUMENTS AND SET11NGS\EDCTI\MY DOCUMENTS\NUTS AND SWEET TH INGS\201 0 MONTH TO MONTH LEASE.DOC 12 LANDLORD: CITY OF ROANOKE ATTEST: Stephanie M. Moon, City Clerk ~: ~~U Print Name: Darlene Burcham Title: City Manaqer TENANT: By: Print Name: Title: (S~U ss#: ______________________________ Approved as to Form: Assistant City Attorney C\DOCUMEN15 AND SETIlNGS\EDCTl \MY DOCUMENTS\NUlS AND SWEETlHINGS\201 0 MONlH TO MONlH LEASE.DOC 13 EXHIBIT A FLOOR PLAN C:\DOCUMENTS AND SETTlNGS\EDCT1\MY DOCUMENTS\NUTS AND SWEETlHINGS\201 0 MONlH TO MONlH LEASE.DOC 14 . \ ~) \12. \\ , ~ 12.'J \oC\ ~ \\~ I \'at ! Ilq ~ [ 0, , -, _\\5'" ,:./ to ~"'" . . '=lI -:[.'~g9' ~, Eg 9"')0 .\OW . ,,-~, A I =1 . Q ... 9 tCJ:I I' 9~..Jo \t" . ",' ~..!!""" ';:-' " ..' 1~1'11 D ~I'I" \~ . \00\ : f"6~ I ~ oQ \ 2-3 I '0 0 I ."1l"7-\\~ . ....Ia~\\\ I .. \\ \-.:z.', . I l' . . ~ 'J.~5l'1l1 ]~ T l\. \~, '. ~I' l \20_~~_~ \~:~ J \co \0'6 ~ I = / " EXHIBIT B COMMON AREAS FLOOR PLAN Attach here C:\OOCUMEN13 AND seTTINGS\EDCT1\MYDOCUMENTS\NU13 AND SWEETTHINGS\2010 MONTH TO MONTH LEASE.DOC 15 ~. ~ ~ ~ I 1 . .~~~{ '-1 I I I I . , i I I I I I I IJJ t; W , rY ltl I 1-- a:::: In I- ,,OJ V'l i I -l ~: _J I c:r <t <( IIi :s: I ~ '.i I , Ih r~ ii' i!r I .R nil PI' I I: · , L_: 3nN3^V 1138d~VJ EXHIBIT C MENU Attach here if Food Court Tenant C:\DOCUMEN15 AND SETTINGs\EDCT1\MY DOCUMENTS\NU15 AND SWEET THINGS\201 0 MONTH TO MONTH LEASE.DOC 16 i i--, ! )-- . . Z to r-' "Tj "'t:I (') 'b;:' 'Tj......r-'n ~.;J N - (') CI"O o ::I. 00 (1) ~ '"1 ~ !. o () III III .j:o. ..... 6.. 0. ,... f,l ~ <~So.(1) ~~ ......(1)......"C "Tj e;., ..... -. e: - (1)(1)OOQ~(1)oog. OQ 0- G" "C ...... i:!i"C "0 "C 00 15 ~ qo.=(1)=s-eng,(1) (1) ~ ~ ~ (1) 00 00 0 ~ '" ;;J 0 C'l 8'8: n -(1)........ n o n '"1 '" " Cl n 0:: '"1 n' ~ n C'l ~. ....0 (') cg _. ~ g0 n ~ ~ ~ o =s- = fI> = 0 g.5 ::P~rJ'J 'g-.'<~ ::lilll 0 0(1)= l@.'" fI> fI> I\) fI> ~ ....., l7.tl7.t~(1) Ro ~:::: -. .j:o. N-'" " [ ~ :....d..,) ~ 00 ~QQ n fI> er. ~ " @ Vl Vo .....:I +>- ~. ~~~~~[l7.t~ l7.t~~~ o.N-OO-oo-- """""" .-- ~ ... 8 ,<:'" ''-''NW N\o~~ O.....:l\OVo .. OVl\OOl7.tVlVo Vo 00 \0 \0 ~~ lV'?'? , I I l7.t ~ l7.t ......N N~~ N NN . VI VlVoN N ~~ o. 0\0 00 Vo \0 \0 ~o 00 en"Tj~~to::c:C'/.) 00 N 2'oe. . III 0 S 0 fl>lll ......=...... 0 =S-fjjfjjl>';"~"Tjo- 0 _. en ~ I\) (1) =-lllo.~ ~ en OQ "C (1) (1)!r-to nn::c:nto(,)Cl~ "Tj......tn::c: a =- =s- (1) 0" .... 0 ..... -()~o ~ ~ (1):::':::::000::P III (1) "C ...... ~~08~er.tog. < 0. '"1 = o t'"'" (1) n -. (1) (1) O-=(1)f}] (1) S. III ~ =- (1) C")~ III -. 00 "'t:I ..... n =~ 0 G" &\l 0 l>';" -. OQgog ::c:(j t!jrJJ ~ClJt::: (1)(1) n 00 0 ~ (1) Z -'n .....,...... 00 . [ O~ (1) ~=- e.oo ~ n ....l7.t~~~~V')o.n C'/.)O (1) - (1) ~!V~lV~~~t1~ t.H ~oo ...... < 00 l>';" 0 ....16 ('D fI) _. (1) ~ N 0'\ .j:o. \0 00 0'\ 0'\ -. s ~ ~::;- g. CIl VlO\OOO\O\O\O ~ >~ '" '<: '" 1-0 . ~" ~ (1) ~~~~ 'Ro I V')~~V')~ V')~ N_\O_ (1) .j:o.W.j:o.l.;J V') t.H l.;JO--- -\0 ..... \0. \0. .... .j:o.enp? -....l ("Y t!j o~ ~~~W!V\o (1) '0'\'00 ~ VlO'\-.....:I . 0 CIl ~OOV')\O \OVo\O~ ~::Il~ ~ ~~ o VlVlVo,=,>VlVl \0 ~ -....l ~ 00' fl -- ....~~ t:d W ~ ~o ~; 00 (:, V')VoVo g 0'\ ~ 0 -0' \0 (1) ~f . . \0 VlOVl - 00 VI C") 0 00 0 :=~tJj~ ..........1\) ~ ~ ;;;;:~ Efl 'g ~~nznn~ 00 iii' S n~C'/.) 00 o "C. ~rJ'J=5S.gjge. o Ro :I. ~ = 0 ~ () 00 0. 0 -. er.~~ 0.;:+ 00'"'<:=~ ~ ~ V') V') a(1)~~tJjn'" ,..-~,............ ~ ~.~ r n~(1)O"e;gj Ul~UlOo =-00 n(1)oo 0. OVoO\O "'t:I en (') = S' o 0"C '< () < 0 S'Sf ga rJ'J o (1) ~ j;) @= .g~8"Tj~ c:t 0-0- . V') V') "0 0'" ...... ~ Vl p,oV')C/.l .....:INN o~[:?Jt -...... Vl. . . .... I \0 0 fA . (1) (1) n.....:lllJ ~oo (1) en I\) Vl :!:! fI>'2 = 0'" Ul 0- (1) ~ 3. 0 "d '< &\l ...... =- (1) 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 ofthe 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:\DDCUMENTSAND SETTlNG5\EDCT1\MY DDCUMEN1S\NUTSAND SWEET'TliING5\2010 MON'Tli m MON'Tli 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 SETTlNG5\EDcn\MY OOCU MENTS\NUTS AND SWEETTIiING5\2010 MONlH TO MONlH LEASE.DOC 18 EXHIBIT F GUARANTY PERSONAL GUARANTEE Intentionallv Omitted C:\DOCUMENT5 ANO SETIlNGS\EDCTI\MV DOCUMENT5\NUT5 AND SWEETTlilNGS\2010 MONTli TO MONTH LEASE.DOC 19 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times -------------------------~------------------------+------------------------ ",1111111, ~,\,\ :'{ A LA 11,,_, ...' ~'O........ y~ ........ } g;.~.., NOTARy.... .'-1~....-;. : ((j : PUBLIC '. -:. ~ * ;' REG. #7090930 ': * ~ = : MY COMMISSION: : .' :. 0 ". WIRE~}I .: ~ ~ . -;. ~ ". ..lJd~ll ..' $ ~ ....", ~ -'0 I" ,~ ,'" ~......-:I , ........ VA, ......... ~" ..... "\,, "'V~EA Ll (j".: " -:I FILED ON: 02/02/10 "1/ LTII .;.\\. -, II'lIl1l\\1 P --------------------------------------------------+-----------------~----- OFFICE OF ECONOMIC DEVELOPMENT 117 CHRUCH AVE ROANOKE VA 24011 REFERENCE: 80084300 11948919 NPH-Nuts and Sweet T State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Vir~nia. Sworn and subscribed before me this __~day of Feb 010 ~Witness my hand and official seal. _Notary Public PUBLISHED ON: 02/05 TOTAL COST: 196.56 Authorized V - .,tL Signature'_t~~_ ~ Billing Services Repres~tative cr, ::0 ::!it ........ IS. G~I ........ -~--, II' N~nCE OF PUBLIC HEARING i The City of Roanoke'. Ip r Olp 0 S est 0 I e a s e I approximately 290 square feet of City~wned property locafed in the Roanoke City IMarket Building at 32 Market Square. Roa'nok~. IVlrglnia. 24011, to Georgia R. Crump. d/b/a Nuts & ,Sweet Things, to be used as !a restaurant establishment; Ion a month to month basis ibeginning March 1. 2010. Isuch terms not to exceed one year. I Pursuant to the requirements of, ~ ~ 15 . 2 - 1 8 0 0 and' 15.2-1813. Code of Virginia (1950) as amended. notice! is hereby given that the Cityl Council of the City ofl Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Tuesday,' February 16, 2010. commencing at 7:00 p. m . . . i nth e Co u n c i I, Chambers, 4th Floor, Noel C. Taylor Municipal 8uilding, 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 !l disa.,bility who needs accommodations for this 'he~'ring; ~ease.'contact'lhe City Clerk's Office at (540) 853-2541, b,efore 12:00 noon on Thursday. February 11, 2010. . GIVEN under my hand thiS 1st day of February, 2010. STEPHANIE M. MOON CLERK. (11948919) ....~--------~--~. ~ ........ .sa . f\ ~ -.\)0' J- 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 Georgia R. Crump, d/b/a Nuts & Sweet Things, to be used as a restaurant establishment, on a month to month basis beginning March 1, 2010, such terms not to exceed one year. Pursuant to the requirements of SS15.2-1800 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 Tuesday, February 16, 2010, commencing at 7:00 p.rn., 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 onThursday, February 11, 2010. GIVEN under my hand this ~ day of February ,2010. STEPHANIE M. MOON CLERK Notice to Publisher: Publish once in the Roanoke Times on Friday, February 5,2010. Send affidavit to: Stephanie M. Moon, CMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853-2541 Send Bill to: Economic Development Administrator 117 Church Avenue, S. W: Roanoke, Virginia 240 II (540) 853-2715 QfLL IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of February, 2010. No. 38734-021610. AN ORDINANCE authorizing the City Manager to execute a lease agreement with Adel Eltawansy, d/bla Zorba's, for approximately 210 square feet of space in the City Market Building for a ,month-to-month term, effective March 1, 2010, not to exceed twelve (12) months; and dispensing with the second reading ofthis ordinance by title. WHEREAS, a public hearing was held on February 16, 2010, 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 ofthe 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 Adel Eltawansy, d/b/a Zorba's, for the lease of approximately 210 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 March 1, 2010, not to exceed twelve (12) months, at a rental rate of $519.93 per month, upon certain terms and conditions, and as more particularly described in the City Manager's letter to this Council dated February 16, 20 I O. 2. Pursuant to the provisions of Section 12 ofthe City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEst: , \ \ ... '~'fol. h\blMJ 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 February 16, 2010 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 Zorba's In City Market Building Background: Adel Eltawansy, the owner and operator of Zorba's, has requested a lease renewal agreement for approximately 210 square feet of space to operate a restaurant serving Greek and Mediterranean cuisine. The current lease expires February 28, 2010. The new lease term is month to month, not to exceed twelve months, beginning March 1, 2010. The proposed agreement establishes a base rent of the following: Per Square Monthly Rent Annual Rent Square Footage Foot Amount Amount 210 $29.71 $519.93 $6,239.10 The common area maintenance fee is $318.27 per month. Recommended Action: Authorize the City Manager to execute a month to month lease, not to exceed twelve months, with Adel Eltawansy d/b/a Zorba's, for approximately 210 square feet in the City Market Building located at 32 Honorable Mayor and Members of City Council February 16, 2010 Page 2 Market Square, Roanoke, Virginia 24011, beginning March 1, 2010. All documents shall be approved as to form by the City Attorney. Respectfully submitted, Darlene L. B cham City Manager DLB/c1t Attachment: Month to Month Lease c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Asst. City Manager for Community Development Robert B. Ledger, Manager, Economic Development Cassandra L. Turner, Economic Development Specialist Joshua L. Mabrey, Accountant/Accounts Receivable CM10-00033 LEASE Betw'een THE CITY OF ROANOKE and Adel Eltawansy d/b/a Zorba's C:\DOCUMENTS AND SETTINGS\:a:DC'I'l\MY DOCUMiNTS\ZORBA'S\2010 MONTH TO MONTH LEASE.DOC HEADING PREMISES TERM BASE RENT; ESCALATIONS COMMON AREA MAINTENANCE LANDLORD OBLIGATIONS TENANT'S OBLIGATIONS USE OF PREMISES EXCLUSIVITY ASSIGNMENT AND SUBLITTING IMPROVEMENTS SURRENDER OF PREMISES INSPECTION INSOLVENCY OR BANKRUPTCY OF TENANT TRANSFER OF LANDLORD'S INTEREST ESTOPPEL CERTIFICATE DAMAGE TO THE PREMISES DEFAULT OF TENANT CONDEMNATION COVENANTS OF LANDLORD NO PARTNERSHIP BROKERS COMMISSION NOTICES HOLDING OVER BENEFIT AND BURDEN GENDER AND NUMBER ENTIRE AGREEMENT LEASE INDEX C:\OOCUMENTS AND SETTINGS\EDcn\MY DOCUMENTS\ZORBA'S\Z010 MONTH TO MONTH LEASE.DOC I PAGE 2 3 3 3 4 4 4 4 5 5 5 5 6 6 7 7 7 7 7 7 8 8 8 INVALIDITY OF PARTICULAR PROVISIONS 8 HAZARDOUS SUBSTANCES 8 INSURANCE 9 SECURITY DEPOSIT 9 INDEMNIFICATION 10 COMPLIANCE WITH LAWS AND REGULATIONS 10 FORUM SELECTION AND CHOICE OF LAW 10 FORCE MAJEURE 10 EQUAL EMPLOYMENT OPPORTUNITY 11 DRUG-FREE WORKPLACE 11 RULES AND REGULATIONS 11 SIGNAGE 11 GUARANTY 11 LIABILITY OF LANDLORD 12 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 SET11NGS\EDcn\MY DOCUMENTS\ZORBA'S\ZOl 0 MONTH TO MONTH LEASE.OOC II '\ lEASE THIS lEASE is made this ____day of ____________________201 0 by and between the CITY OF ROANOKE (hereinafter referred to as "landlord"), and Adel Eltawansy d/b/a Zorba's, (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, Stalls #126. Roanoke. Virginia 24011, as is delineated on Exhibit "A" hereto, which is hereafter referred to as the "Premises." The Premises consists of approximately 210 square feet of space. 2. TERM The term ofthis lease shall commence on March 1,2010, ("Commencement Date") provided that such terms shall not exceed twelve (12) months. 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, except until the twelfth (12) month. Each renewal term shall be upon the same terms and conditions as the prior month, and upon the mutual agreement of the parties. 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 P f h h f h l d' h f II h d I remises or eac mont o t e ease accor InCl to t e 0 owinQ sc e u e: Period Square Per Square Monthly Rent Annual Rent Footage Foot Amount Amount Amou nt 3/1/10 - 210 $29.71 $519.93 $6,239.10 3/31/10 If the Commencement Date is other than the first day of the month, the first month ofthe 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 ofthe 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 ofthis 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 amount of five percent (5%) of such total monthly rent payment. All delinquent C:\DDCUMENTS AND SETTlNGS\EDCTI\MY DDCUMENTS\ZORBA '5\2010 MONTH TO MONTH LEASE.OOC 1 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 Eiahteen Dollars and Twentv-Seven cents ($318.27) 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 Building(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, 0> 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(exc!uding Tenant's Premises) (I) 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, (0) 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 ofthe tenants ofthe Building, their employees, agents, servants, customers and invitees. The Common Areas further include, without limitation, roofs, walls, vacant areas, food court, elevator(s), C:\DOCUMENTS AND SETllNGS\EDCT1\MY DOCUMENTS\ZORBA'S\201 0 MONlli TO MONlli LEASE. DOC 2 restrooms, stairways, walkways, ramps, foundations, signs (excluding Tenant's signage), security cameras, lighting fixtures and equipment, and the facilities appu rtenant toeach of the aforesaid, and any other facilities maintai ned 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 Premis.es are speCifically excluded. (b) pay forthe 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. I (a) Tenant shall keep and maintain the Premise in good repair, condition and appearance during the term ofthis lease, ordinary wear and tear excepted, and not use any part of the Premises orthe Common Areas of the Building in a negligent manner. (b) Tenant shall take good care ofthe 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 Greek and Mediterranean, cuisine menu items. Tenant covenants and agrees that at all times duringthe 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 1 0:00 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 OJ) the Premises shall be used only for such purpose. The Building will be closed for the following C:\DOCUMEN15 AND SETllNGS\EDCT1\MY DOCUMENTS\ZORBA.S\201 0 MONni TO MONni lEASE.DOC 3 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 ofthe customary business hours or on the Holidays stated above. 8. EXCLUSIVITY Tenant operates a restaurant serving Greek and Mediterranean 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 ofthe 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 of the Landlord be inconsistent with the intended uses ofthe Building. Tenant further agrees not to market any product that would impair a current Tenant's sales. Tenant acknowledges and agrees that ifthere 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 ofthe 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 Ten ant'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 ofthe 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 SETIlNGS\EDC11\MY DOCUMENTS\ZDRBA'S\201 0 MONTH TO MONTH lEASE.DOC 4 thereby. Any personal property remaining in the Premises at the expiration ofthe 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 su rrendered 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 ofthe 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 ofthe term of this Lease. 13. INSOLVENCY OR BANKRUPTCY OF TENANT In the eventTenant 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 ofterminating this Lease. Upon such written notice being given by Landlord to Tenant, the term ofthis 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 su bsequent 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 ofthe 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 ifso 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 C:\DOCUMENTS AND SEmNCS\EDCT1\MY DOCUMENTS\ZORBA'S\201 0 MONTH TO MONTH LEASE.DOC 5 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 ofthis Lease have not been changed except as otherwise represented by Landlord; (ij) 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 (lO) days' written notice, provide an agreement in favor of and in the form customarily used by such encumbrance holder, by the terms of which Tenantwill agree to give prompt written 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 oftime 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 ofthe use ofthe 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. 1 7 . DEFAULT OF TENANT IfTenant shall fail to pay any monthly installment of 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 (l0) days after the due date of such payment or after written notice of any such violation orfailure 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 teri (lO) 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 ofthe term of this Lease by reason of Ten ant'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 under the circumstances and if the full rental hereinabove provided shall not be realized by Landlord, Tenant shall be liable for any deficiency in rent. Any C:\DQCUMENlS AND SETl1NGS\EDCTl\MV DOCUMENTS\ZORBA'S\2010 MONTH TO MONTH LEASE.DOC 6 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 ofthis 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 ofthis 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 ofthis 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 ofthe 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 ofthis lease to be performed by Tenant, Tenant shall, during the term hereby created, freely, peaceably and quietly occupy and enjoy the full possession ofthe 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 (ij) if to Tenant, at 32 Market Sauare. 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 SE'TTlNGS\EDCTl \MY DOeUMENTS\ZDRBA'S\201 0 MONlH TO MDNlH LEASE. ODe 7 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 th is 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 ofthis 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 ofthis 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:\DDCUMENTS AND SETTlNGS\EDCTI\MYDDCUMENTS\ZORBA'S\201 0 MONTH TO MONTH lEASE.DOC 8 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 ofthe 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 ofthe Tenant's knowledge, such an occurrence has otherwise occurred at or affecting the Premises. 29. INSURANCE Priorto the delivery of possession ofthe 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 (ij) 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 ofthis 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 ofthe policy without thirty (30) days prior written notice to landlord. If same is not provided with ten (l 0) 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\EOCT1\MV DOCUMENTS\ZORBA'S\201 0 MONlH TO MONlH 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 ofthe terms, covenants and conditions ofthe 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 ofthe failure of Tenant to keep and perform any ofthe terms, covenants, and conditions ofthis 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 Ten ant. Should the entire deposit, or any portion thereof, be appropriated and applied by Landlord for the 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 Ten ant 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 MAIEURE 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 ofthe party delayed in performing the work or doing acts required under the terms of this Lease, then the time allowed C:\OOCUMENlSANO SETTlNGS\EOCT1\MY OOCUMENlS\ZORBA~201 0 MONTH TO MONTH LEASE.OOC 10 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. EOUAL 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 ofthis 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; (ij) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition; Oii) 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 ofthe 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 "0" 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:\DOCUMENTS AND SETTINGS\EDCT1\MY DOCUMENTS\ZORBA's\2010 MONTH TO MONTH lEASE.DOC 11 writing. Tenant agrees to provide information concerning Guarantor(s) 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 ~ease 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 ofthis 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 ofthe Premises or the Building, or from water, rain or snow that may leak into, or flow from, any part ofthe 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. Intentionallv Omitted C;\OOCUMENlS AND SE11lNGS\EDCTI \MY OOCUMENTS\ZORBA'S\201 0 MONTH TO MONTH lEASE.DOC 12 ATTEST: Stephanie M. Moon, City Clerk Approved as to Form: Assistant City Attorney LANDLORD: CITY OF ROANOKE By: (SEAL) Print Name: Darlene Burcham Title: City Manaaer TENANT: By: Print Name: Title: (SEAL) 55#: _________ C:\DOCUMENTSAND SETTlNGS\EDcn\MY DOCUMENTS\ZORBA'S\2010 MOtl'TH 10 MON'IH LEASE.DOC 13 EXHIBIT A FLOOR PLAN C:\DOCUMENTS AND SETllNGS\EDCTl \MY OOCUMENTS\ZORBA'S\201 0 MONlH TO MONlH LEASE.OQC 14 t...._) r-v III ' ~','__b T ;]\0 1/g ill ~ . ..,"""- \2-') :--, \OC\ 1. u ~ \';l.ca \ ~El II ~. III P.7 I \ 0'6 \S\ ." 1 0 .ilr \"J." LllJ ~ .\ '].$ IODO;I o ~, , U'.., ~ 9 -'Ill. to - I .:.. - '. co(aco. . ~ D D ")0 'I -:::r ....:~ "';'" .'::1". I ~~ '01 ~-l1r~~"P I ''-''..' ~~ ,;:" ~ I Ilh ~ ~ 'S?/ iL \05 I I "'::1';111 D -i II \~'i . \oL\ J. . \1!>>~ ~ "" \2.3 I . .\ 0 \ ----4 .' \\7-\\" . ".n5~1 \1\ ~. 11\ \"2.2.'. . ~ .. l' . ~'J.~~j-\I11] 1'11. \~, . . ~I' I . B~~...--' \0'2- r \20 . \01 I f7 - --cb_ 00_ ~.~ \12. ~ I ,,~ \\il .\Ow ) .- .' EXHIBIT B COMMON AREAS FLOOR PLAN Attach here C:\DOCUMENTS AND SETllNCS\EDC1'l\MY DOCUMENTS\ZORBA'S\Z010 MDNTlllO MONTlllEASE.DOC 15 . , z ... i4 .. .. . .. II ~ · ~ s ~ ~I 'I' ~~: . I . . I I I I I I~J W (y f-- j If) f-. I 1,1 ~: cr. <( 1'1 I ~ Ifi rh '. ~ hg H@ it~ I t nIl . J~ PII J ~ J ti Ltl 0::: l- V) -1 _J <:l ~ & jli- .1 . all:511 I : l ~,.o al,.iB, ~ s ~ I ~ · un II.. ~rlt St~ 1._- " 3nN3M 1138d~\lJ --- '-'1 I I : I! @ c D I :j ~ Si ~ ~ EXHIBIT C MENU Attach here if Food Court Tenant C:\DQCUMENTS AND SETTlNGS\EDCf1\MV DOCUMENTS\ZORBA'S\2010 MONlH ro MONlH LEASE.OQC 16 roo ~ ~ Q1 ~ <.o[;t ~ I , ro nOl o~ ~~ ,~ 0 (/l-' OQ. D-::Y Ol ~ :""Vl n ~ D- ~ Ol ('I J: C Gl- ~ ~,.. ~~O n ~:lJ ::y ::y m ~~z u> u> ~ ~~Ul ~ :P..,. OJ or;:a. OlOlm ::J::JZ D-Q. ~-.,c (is' =>. u> ~ ~~ ~ ~ ~ ~ ~ ~C W>WlTIW;UW::OWC:W3:Z ~~~~~<2~~~~~lIlZ 0. Q.;UD-UlD- Q.)>Q.fli ~. ~ ~. Ul ~. 11 ~. Q ~. 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'?G7fb~ ~~'O\.L- No\- Cl0ol:1Qloile cJD~{'~-c ~Tr;\p}\~ , ~ ~5+' Skl:l , () ~--_u-kG C:;hCA ~Y\ @-=::;h~?ktaycr ~I'~ .._ _d _... _ . @-l'-!Lu 5a.Ka h d. - ... ..,.. _d._ Jl ~r -&!t/I&t SR:::oKc.J-,'tZ, MackkVt5~.~"C~~ ~) 7J}~~~~ ~ ~t~~~b. ... .... ~. ~ 4/tlif uHk/1 ;e'r~u.-- ~- --:5 ~,ee/. fJr-e:.-err ~Y'.s €iJ1_......._~U$__~S _.... .. - - __...... . . ..... . ... ..n . .... ~. .._. ... ..__.. _ ._._. ~ps-d--- ..._ ___m__ -. .- --..----___ .~--R-e.dd ~eV\\-l L -- d_@~ beauJ-- ....... -- @ C'u(~.. ~it. @ ~{/)z/~ ..~ {JI{;L=(Mdtl/t:;~~ . ..?A. . ". ..7' .. UH ..uu.@c!:~~-'_.'1U~_. _d__ __n____@ ;:;f~__ .--.-------d@.~fie- =::~6JI~ . 10 f-w/~.~~ ,J. .... -.- ... ,.. '- EXHIBIT 0 RULES AND REGULATIONS 1. All trash must be kept in a covered container, or ifrequested 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:\DOCUMENlS AND SETTlNCS\EDCT1\MV DOCUMENTS\ZORBA'S\201 0 MONnI TO MONlH 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 SETnNG5\EOCT1\MY DOCUMENTS\ZORBA'S\2010 MONlH TO MONlH LEASE.DOC 18 EXHIBIT F GUARANTY PERSONAL GUARANTEE Intentionallv Omitted C:\DOCUMENTS AND SETTlNCS\EDcn\MY DOCUMENTS\ZORBA'S\Z010 MONTH m MONlH LEASE.DDC 19 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - -- II -----------------rn----- ttl ....... en :0 :::m: ....... Billing Services Repres~tative 1-,..1 1-'" OFFICE OF ECONOMIC DEVELOPMENT 117 CHRUCH AVE ROANOKE VA 24011 REFERENCE: 80084300 11948930 NPH-Zorba's State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State.of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Vi~inia. Sworn and subscribed before me this __~~_day of Fe 010. Witness my hand and official seal. tary Public PUBLISHED ON: 02/05 \\11111"", ,\\~\O" A ~ "" "" ~\:""'''''' ~:'"'' ~'(J;)~..' NOTARY'-:~ "'-:, :: :' PUBLIC '. ~ -:, ~ * ~ REG. #7090930 ': * ~ = c>: MY COMMISSION: = '~~.... ~:~f~ I .... ~2 ... -:# - '. ..l..lL;;;JUL . ~.. v"- ...... -~ . . . . C:5 ," ", ~/~- ......... ~{!- " III/~[A.LTH Or ~~" I" I , ;.!~;\\\<\~\l.~~ TOTAL COST: FILED ON: 193.44 02/05/10 Authorized ~ ~ Signature:_~;Ar_ NonCE OF PUBLIC i HEARING /' The City of Roanoke'. proposes to lease approximately 210 square feet of City-owned property i located in the Roanoke City .1 Market Building at 32' Marke.t Square Roanoke Virginia, 2401'1, to Adei r Eltawansy, d/b/a Zorba's j to be ~sed as a restaurant I establishment. on a month Ito month basis beginning ,March 1, 2010, such terms j not to exceed one year. ---..; 'r> u-,s-u-li.ntt";;lhe; 'I'r e qui rem e n t s. 0 fi ~~15.2-1800 and '15.2-1813, Code of Virginia ,(1950) as amended, notice ,i is hereby given that the City Council of the City of I Roanoke will hold a public 'hearing on the above 'matter at its regular meeting to be held on ITuesday, February 16, 2010, commencing at 7:00 p.m., in the Council r Chambers, 4th Floor, Noel I C. Taylor Municipal Building, 215 Church Avenue, S. W., ! Roanoke. Virginia, 24011. I Further informa'tion 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 yguare a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) i 853-2541, before 12:00 . i noon on Thursday, FebruarYj I 11, 2010. ", j GIVEN under my hand this : : 1st day of February, 2010. .- I STEPHANIE M. MOON CLERK I '(11948930) . [~ 1:-" ...... ....., ~.:: 1:-) .- ~ ^ .. 1-'" 'S' DIlL~ \. NOTICE OF PUBLIC HEARING The City of Roanoke proposes to lease approximately 210 square feet of City- owned property located in the Roanoke City Market Building at 32 Market Square, Roanoke, Virginia, 24011, to Adel Eltawansy, dlb/a Zorba's, to be used as a restaurant establishment, on a month to month basis beginning March 1, 2010, such terms not to exceed one year: Pursuant to the requirements of SS15.2-1800 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 Tuesday, February 16, 2010, commencing at 7:00 p.rn., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. Furthecinformation 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, February 11, 2010. GIVEN under my hand this ~ day of February ,2010. STEPHANIE M. MOON CLERK Notice to Publisher: Publish once in the Roanoke Times on Friday, February 5,2010. Send affidavit to: Stephanie M. Moon, CMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853-2541 Send Bill to: Economic Development Administrator 117 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2715 O/1c IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of February,-201O~ No. 38735-021610. AN ORDINANCE authorizing the City Manager to execute a lease agreement with BIS, Inc., aJk/a Burger in the Square, for approximately 462 square feet of space in the City Market Building for a month-to-month term, effective March 1, 2010, not to exceed twelve (12) months; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on February 16,2010, pursuant to SS15.2-1800 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 BIS, Inc., aJk/a Burger in the Square, for the lease of approximately 462 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 March 1, 2010, not to exceed twelve (12) months, at a rental rate of $685.44 per month, upon certain terms and conditions, and as more particularly described in the City Manager's letter to this Council dated February 16, 2010. 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: ...~M.ml~ 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 February 16, 2010 Honorable David A. Bowers, Mayor Honorable Sherman P. Lea, Vice Mayor Honorable M. Rupert Cutler, Council Member Honorable Gwendolyn W. Mason, Council Member Honorable AnitaJ. Price, Council Member Honorable Court G. Rosen, Council Member Honorable David B. Trinkle, Council Member Dear Mayor Bowers and Members of City Council: Subject: Lease Renewal for Burger in the Square in City Market Building Background: Louis and Anita Wilson, owners and operator of BIS, Inc., (Burger in the Square) have requested a lease renewal agreement for approximately 174 square feet of space to continue operating a restaurant serving hamburgers and hotdogs, and approximately 288 square feet of space on the second floor for a secured food prep area used solely by this tenant. The total leased square footage is 462. The current lease expires February 28, 2010. The new lease term is month to month, not to exceed twelve months, beginning March 1, 2010. The proposed agreement establishes a base rent rate of the following: F' FI S Irst oor )pace Square Footage Per Square Foot Monthly Rent Annual Rent Amount Amount 174 $29.71 $430.80 $5,169.54 S d FI S econ oor )pace Square Footage Per Square Foot Monthly Rent Annual Rent Amount Amount 288 $10.61 $254.64 $3,055.68 Honorable Mayor and Members of City Council February 16, 2010 Page 2 The common area maintenance fee is $318.27 per month for the first floor space and $106.09 per month for the second floor space. Recommended Action: Authorize the City Manager to execute a month to month lease, not to exceed twelve months, with Louis and Anita Wilson, owners of BIS, Inc., for approximately 462 square feet of space in the City Market Building located at 32 Market Square, Roanoke, Virginia 24011, on a month to month basis, beginning March 1, 2010. All documents shall be approved as to form by the City Attorney. Respectfully submitted, ~( Darlene L. B rcham City Manager DLB/c1t Attachment: Month to Month Lease c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Asst. City Manager for Community Development Robert B. Ledger, Manager, Economic Development Cassandra L. Turner, Economic Development Specialist Joshua L. Mabrey, Accountant/Accounts Receivable CM 10-00036 LEASE Between THE CITY OF ROANOKE and 8IS., Inc. c:\OOCUMENT9 AND SB'I'TI..NG5\EDCT1\MY CCcrJIII&N'TS\BURGER IN 'l'HB: SQUARI!i\BURGER IN Ttm SQUARB LEASE.DOC A ,l LEASE INDEX HEADING PREMISES PAGE TERM BASE RENT; ESCALATIONS COMMON AREA MAINTENANCE LANDLORD OBLIGATIONS 2 TENANT'S OBLIGATIONS 3 3 USE OF PREMISES 3 EXCLUSIVITY 4 ASSIGNMENT AND SUBLETTING 4 IMPROVEMENTS SURRENDER OF PREMISES INSPECTION 4 4 5 INSOLVENCY OR BANKRUPTCY OF TENANT TRANSFER OF LANDLORD'S INTEREST ESTOPPEL CERTIFICATE 5 5 5 DAMAGE TO THE PREMISES 6 DEFAULT OF TENANT 6 7 CONDEMNATION COVENANTS OF LANDLORD 7 NO PARTNERSHIP 7 BROKERS COMMISSION NOTICES 7 7 HOLDING OVER 7 BENEFIT AND BURDEN 8 8 8 GENDER AND NUMBER ENTIRE AGREEMENT Co\DDCUMENTI AND SETTlNGS\EDCTl \MY DOCUMENmBURGER IN THE SQUARE\BURGER IN THE SQUARE lEASE.DOC I INVALIDITY OF PARTICULAR PROVISIONS 8 HAZARDOUS SUBSTANCES 8 INSURANCE 9 SECURITY DEPOSIT 10 INDEMNIFICATION 10 COMPLIANCE WITH LAWS AND REGULATIONS 10 FORUM SELECTION AND CHOICE OF LAW 10 FORCE MAJEURE 10 EQUAL EMPLOYMENT OPPORTUNITY 11 DRUG-FREE WORKPLACE 11 RULES AND REGULATIONS 11 '" SIGNAGE 11 GUARANTY 12 LIABILITY OF LANDLORD 12 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:\DOCUMENlSAND SETIlNGS\EDCT1\MY DOCUMENlS\BURGER IN THE SQUARE\BURGER IN THE SQUARE LEASE.DOC II LEASE THIS LEASE is made this ____day of _________________2010 by and between the CITY OF ROANOKE (hereinafter referred to as "Landlord"), and BIS.,lnc.(Burger in the Square) 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 "Bu i Iding") located at 3 2 Market Square, Stalls #121 and private locked storage on the second floor. Roanoke, Virginia 24011, as is delineated on Exhibit "A" hereto, which is hereafter referred to as the "Premises." The Premises consists of approximately 174 and 288 square feet of space. 2. TERM The term of this Lease shall commence on March 1,2010, ("Commencement Date") provided that such terms shall not exceed twelve (12) months. 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 shll automatically renew for another month, except until the twelfth (12) month. Each renewal term shall be upon the same terms and conditions as the prior month, and upon the mutual agreement of the parties. 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 f h d h Premises or eac month of the Lease accor ina to t e followina schedule: Period Square Per Square Monthly Rent Annual Rent Footage Foot Amount Amount Amount 3/1/09 - 174 $29.71 $430.80 $5,169.54 3/31/09 3/1/09 - 288 $10.61 $254.64 $3,055.68 3/31/09 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 ofthe 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 ofthe 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 ofthis Lease by the parties; the second and all subsequent monthly payments shall be made on the first day of each and every calendar month du ring the term. Any monthly payment of rent which is not received by landlord by the C:\DOCUMENT; AND SEmNCS\EDCT1\MY DOCUt>lENl>\BURCER IN lliE SQUARE\BURCER IN lliE SQUARE LEASE.DOC 1 end of the fifth (5th) day of the month shall be assessed a late charge in the 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 Eiahteen Dollars and Twentv - Seven cents ($318.27) per month for the first floor and One Hundred Six Dollars and Nine cents ($106.09) per month for the second floor. 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 Building(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 ofthe 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, 0> 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) (I) 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, (0) 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 C:\DOCUMENTS AND SETllNGS\EDCTl \MY DDCUMEN1S\BURGER IN THE SQUARE\BURGER IN THE SQUARE LEASE.DOC 2 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 ofthe Building, their employees, agents, servants, customers and invitees. The Common Areas further 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 ofthis 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 ofthe 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 hot dogs and hamburgers 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 C:\DOCUMENlS AND SETTlNGS\EDCT1\MY DOCUMENTS\BURGER IN THE SQUARE\BURGER IN THE SQUARE LEASE.DOC 3 Premises open for business during the customary business hours of 1 0:00 a.m. to 6:00 p.m. (not less than eight (8) hours per day, Monday through Saturday) ofthe Building as established or as may be amended by Landlord and (ij) the Premises 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 ofthe customary business hours or on the Holidays stated above. 8. EXCLUSIVITY Tenant operates a restaurant serving hot dogs and hamburgers 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 of the Landlord be inconsistent with the intended uses ofthe Building. Tenant further agrees not to market any product that would impair a current Tenant's sales. Tenant acknowledges and agrees that ifthere 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 ofthe 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 ofthe 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 power wiring or power panels; lighting or lighting fixtures; wall coverings; drapes, blinds or other window coverings; carpets or other floor coverings; or other C:\DDCUMENTS AND SETnNGS\EDCTl \MY DDCU MENTS\BURGER IN THE SQUARE\BURGER IN THE SQUARE lEASE.DOC 4 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 thereby. Any personal property remaining in the Premises at the expiration ofthe 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 byTenant 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 ofthe 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 ofterminating this Lease. Upon such written notice being given by Landlord to Tenant, the term ofthis 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 to time 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 w~iting addressed to Landlord or other party designated by Landlord certifying that this Lease is in full force and effect (or, ifthere 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 ofthe Lease, stating the dates towhich 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 C:\DOCUMENTSANO SETIlNGS\EOcn\MYDOCUMENl>\BURGER IN TIlE SQUARE\BURGER IN TIlE SQUARE lEASE.OOC 5 open for business, and stating whether or not there exists any default by either party contained in this lease, and ifso 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 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 ofthis 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 prompt written 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 Ten ant, 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 ifthe 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 IfTenant shall fail to pay any monthly installment of Rent and/or as required by this Lease, or shall violate or fail to perform any ofthe other conditions, covenants or agreement on its part contained in this lease and such failure to pay Rent or such violation orJailure 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 te,rminate 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 ofthis Lease by reason of Ten ant's default as hereinabove provided, or if Tenant shall abandon or vacate the C\DOCUMEN'IS AND SETIlNGS\EDCD\MY DOCUMENTS\BURGER IN THE SQUARE\BURGER IN THE SQUARE LEASE.DOC 6' Premises before the expiration ortermination ofthe term of this Lease, Landlord shall use its best efforts to relet the Premises on the best rental terms reasonably available under the circumstances and ifthe full rental hereinabove provided shall not be realized by Landlord, Tenant shall be liable for any deficiency in rent. Any damage or loss of rental sustained by Landlord may be recovered by Landlord, at landlord's option, at the time ofthe 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 ofthe 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 substanti.al 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 ofthe covenants, terms and conditions ofthis Lease to be performed by Tenant, Tenant shall, during the term hereby created. freely, peaceably and quietly occupy and enjoy the full possession ofthe 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 ofthis 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 Sauare. SE. unless notice of a change of address is given pursuant to the provisions ofthis 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 C:\DDCUMENT> AND SETTlNGS\EDCT1\MY DOCUMENTS\BURGER IN lHE SQUARE\BURGER IN 1HE SQUARE LEASE.DOC 7 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. 24. BENEFIT AND BURDEN The provisions ofthis 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 otherthan 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 ofthis 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 C:\DOCUMEN15 AND SE1TINGS\EDCT1\MV DOCUMEN15\BURGER IN THE SQUARE\BURGER IN THE SQUARE LEASE.DOC 8 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 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 thatTenant, 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 ofthe Tenant's knowleqge, such an occurrence has otherwise occurred at or affecting the Premises. 29. INSURANCE Prior to the delivery of possession ofthe Premises to Tenant, Tena.nt 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 (ij) 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 ofthe 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 ofthe term ofthis lease and upon each renewal ofthe 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 ofthe 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. C,\DDCUMENTS AND SETIlNGS\EDcn\MY DOCUMENTS\BURGER IN TIlE SQUARE\BURGER IN TIlE SQUARE LEASE.DOC 9 30. SECURITY DEPOSIT (a) AMOUNT OF DEPOSIT Tenant will deposit a sum equal to the amount of 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 ofthe terms, covenants and conditions ofthe 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 ofthe failure ofTenant to keep and perform any of the terms, covenants, and conditions ofthis 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 Ten ant. Should the entire deposit, or any portion thereof, be appropriated and applied by Landlord for the 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 Ten ant 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 C:\DOCUMEN1S AND SETTlNGS\EDcn\MY DOCUMENTS\BURGER IN THE SQUARE\BURGER IN THE SQUARE LEASE.DOC 10 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 ofthe party delayed in performing the work or doing acts required under the terms ofthis Lease, then the time allowed 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) Tenantwill include the provisions ofthe 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 ofthis 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 manufactu re, 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 "0" attached hereto and made part ofthis 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. C:\DDCUMENTS AND SETTlNGS\EDCT1\MV DOCUMENTS\BURGER IN THE SQUARE\BURGER IN THE SQUARE LEASE.DOC 11 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 writing. Tenant agrees to provide information concerning Guarantor(s) 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 ofthe 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 SETT1NGS\EDCT1\MY DOCUMENTS\BURGER IN THE SQUARE\BURGER IN THE SQUARE LEASE.DOC 12 LANDLORD: CITY OF ROANOKE ATTEST: Stephanie M. Moon, City Clerk By: (SEAL> Print Name: Darlene Burcham Title: City Manager TENANT: By: Print Name: Title: (SEAL) 55#: __________________________ Approved as to Form: Assistant City Attorney C:\DOCUMEN15 AND SETTINGS\EDCT1\MYDOCUMENT5\8URGER IN THE SQUARE\BURGER IN -mE SQUARE LEASE. DOC 13 EXHIBIT A FLOOR PLAN C:\DOCUMENTS AND SETTINGS\EDCT1\MY DOCUMENT5\BURGER IN THE SQUARE\8URGER IN -mE SQUARE LEASE.DOC 14 " , .....-",.. ,..-.., 14 r &;] :- . ;......- \ \ 0 \\ '~tTJ~ , F'*-" . L.""",_ \ J.'} 'Ir---~ I \ O~ I D I \'1.ca I l~ \ ?,D III < r II '''7 \ o~ I \'6\ . III D .? II' \"l.~ I ! 11 I \\'4 L~ ~"\ '2.5' r 0" . -' ,,'... 0'.,. "5" .~ 0 _- "" = ,11 o(~D..:rtr.l. a:g a:..a "')0 ,\or., <=:_1: J 6-~1' ~~ l ri' ... ... 0:):1 '"l;"" D..JJ.' ,I II.. - ',~\F;~lf ~ rl'I'-~~~: =J. , "\'6&.1 I 0 <> \2.3 I . .: D I ' .. u'-\l~'li~11j lr 111 \='. 1. '~llf,tll L~ 11 \2.1 L \20 ~ ~ ~:_ L~I_ \~' \\'2. , ." EXHIBIT B COMMON AREAS FLOOR PLAN Attach here C:\DOCUMENTS AND SETTINGS\EDCT1\MY DOCUMENT5\BURGER IN THE SQUARE\BURGER IN -mE SQUARE LEASE,DOC 15 ., \ .;~;:' ) . J1.! ,,!,I Z II J :'CID 0 II 2 " iii .. ! ~ a 3 a '" Ii ~~j;!j ~ II ,'J ..II ,I,: ) .. .. n u . ~ ~ ~ ~I J~I .. J .. . . I II , i I I 1 I I LLI L::i W , (y Ll.l I 1-- a::: j In f- l.; V) I I ,-l ~': _I I 0::': <( <( III :? i :::z: --.. IIi I Ih f' jl! .!~ I nt, pl. I , :11 I ! '-., . . : I r 1--- _, 3nN3M 1138dV'fVJ EXHIBIT C MENU Attach here if Food Court Tenant C:\DOCUMENTS AND SETTINGS\EDCT1\MY DOCUMENT5\BURGER IN lHE SQUARE\BURGER IN THE SQUARE LEASE,DOC 16 t; S'~ .(,) N (,) N ... t:I &lr?f fD NONO~ .... e,<<l -III ;J;Jr22 ::L f Iri i ~ ~fQ ~i r::s (D It 1II1D0;.. ~~ot J; CD fiC fI) D' 0 1! ~B~ tot Ii ;:r CD III C. a ... a ~~ (D 81 -Ill ~3 ; Ir ~ ~ B~ , t! i 11 tr f ~e Ii 4l ***** ***- ..... ......... . . ........ . .... . ... ClD .... _ J?: 001(,)001 OOl...N .... CIl.... 0101 "" r .. ~ i g "" f ., Ii' 0 \OlzJn - 0 ODo~ cr 11.), 0 4' fA" a I ~f t-In r ~ir s: \0 "' ~ 0 ! Ql 1:1 ~ t= ~ .. I .. ff~ ~rg ~, fr ~. on J~ ""rnl!l I ~D' itp[i a.s" [IS ..e ~ ~ ~ [&l S:III ooi PI ~ n;: .!l(:l ;1; .ill; 1'9 i iia ~[c:: Ii Ii (I 1, ~3 51> RIO !ltO ~, ~r 0, ~9 II I ~r ::l >1 nr t ~J 1,; a ~1 g" I at r, ] ~~, c;l" II ~ ~ ~r Jlff B It Ii' 0'" '1 lIa If g 0 " 1;'1 qll- .s I - ~ r r ~ J , ~ I' - '" ~ fp 8" [ (I ~J I ~ .g J 0 1 l; 01 ~ ~ (t ~ "'0 J " i il:R ~ -< '80 $ is: 5' ~ A e c;l s: ~ '"oj g i2 s. ~ ~ i- .... . : $: : .. ! . ..... ~ Co) ~ !-l ~~. . ~ ! ~ s:. $ ~ ~ 0I8=~tn ~g ... ~ ~ GO ~ GO 0 ~ i i ~ .Ii ;,0 ~ ;llof cS" ;;t ~~ r Gr f Ii Do I'D ... "C'.ll ~'~ fi::Ci i ~f ff l~oi o ~ oi (')>4 ~ .0 SD'" ",$l. ~, 1:1" ~! ~ ... a't (t '" '"'IS cdr ~ .. It F i G e: r2 lie " Jl\ (')Do ~g~ "'~~ (') = .g, F!j 51 ~l r" B:J> ;. .. " Ei tTn p. Ii ~'"l " glt .. te := ~ 8 " I tl~ ll-lj' It ~~ . a:: ::l I till' :t F III 011I ~i [i ~l ~g B9'G ~Jr REi I ~ ~, ~, i~ : ~ Do ~ Jill ~1 0 f ..~ g fF It '"~ 6.9 ~ ! ~ e, l;' (t' D' ~ ~i' ~ o:C "'- ~~ E8. tIIlt 1l tB ~ r~ 0 1l g 2" ~ :9- i ",2 ~o ir- 0 ~ . A !i: [~ e, r ~ 11 I r.= II , :(8 iI S' J> ~ leg. .g' ~~ li' 8 " .. " ::l ~ a '" ll- ~. ~, 6- ~ff 1l ~I c;l g ~.l! .. f f . . '. ~; [; l ... ~ fj... Jil 0 . '" 8 '" g H~ e,~ ~ ! t..Ql ~ Ql 01 I!!. 0 ~' If g =: i .. [ ..... ?I- 0 Ii ~ EXHIBIT D RULES AND REGULATIONS ] . 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, ] O. 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:\DOCUMENTI AND SETTINGS\Eocn\MY DOCUMENT5\BURGER IN THE SQUARE\BURGER IN THE SQUARE LEASE,OOC 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:\DOCUMENTSAND SETTINGS\EDCT1\MY DOCUMENT5\BURGER IN 'Tl1E SQUARE\8URGER IN THE SQUARE LEASE,DOC 18 EXHIBIT F GUARANTY PERSONAL GUARANTEE Intentionally Omitted C:\DOCUMENlS AND SETTINGS\EDCT1\MY DOCUMENTS\BURGER IN lHE SQUARE\BURGER IN THE SQUARE LEASE,DOC 19 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times ------------------------------------------~-------+------------------------ OFFICE OF ECONOMIC DEVELOPMENT 117 CHRUCH AVE ROANOKE VA 24011 REFERENCE: 80084300 11948914 NPH-Burger in the Sq :---- ~'-'---I NOTICE OF PUBLIC I HEARING i The City of Roanoke l prop?ses to lease i approxImately 462 square I feet of City-oWned property l located in the Roanoke City f Market Building at 32 ; lI'!a~k~t Square, Roanoke, I VIrginIa, 24011 to BIS Inc ;a/k/a Burger in' the Sq'uar~; i to be used as a 'restaurant i establishment" on a month ! to month basis beginning ; March 1, 2010, such terms not to exceed one year, ,Pur,suant to the requirements of ~~15,2-1800 and 15,2-1813, Code of Virginia (1~50) as amended, notice IS hereby given that the City Council of the City of Roanoke will hold a pUblic hearing on the, above maller, at its regular meeting to be held on Tuesday, February 16 2010, c~mmencing at 7:00 I p,m" rn the Council I Chambers, 4th Floor Noel C, Taylor Municipal Building 215 Church Avenue, S,W,;' Roanoke, ,virginia. 24011, Further Information is I 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 ::fctr:;,sitt~~,eir op,inions on , If you are a person with a disability who needs acc~mmodalions for this, h~arlng, please contact the City Clerk's Office at (540) 853-2541, before 12:00 ~~~~3ro:hursday, February GIVEN under my hand this 1st day of February, 2010, STEPHANIE M, MOON CLERK State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: I I I I I I I I \\\\11111""" I " r"\'{ A I A " ,.." t...~":..... ~ YA~" I , 9:-'1; - , . -/07 .. ~Qj.... NOTARy....~...-:. I = :' PUBLIC ". "'" ~ I = * : REG, #7090930 ": *' -= I = : MY COMMISSION: = I - - C">. ~p~S . :"l: - 1 ~ %~'...JU',-)/--ll""~f I ... -~ ' . <i..CO: ... I ....", v-t/4;' . . . . . . .' ~\'<,' ,,' " Yi"E/J,! T'.1 iJ\ '," I /If '~Itl \\'\ TOTAL COST: 193.44 IJoHnl\)\ I 9 FILED ON: 02/05/10 I;;; r- --------------------------------------------------+-----------------~----- ^ City/County of Roanoke, Commonwealth/State of subscribed before me this O. Witness my hand and ____ Notary Public PUBLISHED ON: 02/05 (11948914) Authorized ~ ...Lt. Signature'_~~ .. I-"- eSt Bil~ing Services rR Represe:Etative I-"- en ::0 ::::: I-"- .s. (,~I I-"- 6)0~ NOTICE OF PUBLIC HEARING The City of Roanoke proposes to lease approximately 462 square feet of City- owned property located in the Roanoke City Market Building at 32 Market Square, Roanoke, Virginia, 24011, to BIS, Inc., a/k1a Burger in the Square, to be used as a restaurant establishment, on a month to month basis beginning March 1, 2010, such terms not to exceed one year. Pursuant to the requirements of SS15.2-1800 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 Tuesday, February 16, 2010, 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 ofthe 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, February 11, 2010. GIVEN under my hand this ~ day of February ,2010. STEPHANIE M, MOON CLERK Notice to Publisher: Publish once in the Roanoke Times on Friday, February 5, 2010, Send affidavit to: Stephanie M. Moon, CMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853-2541 Send Bill to: Economic Development Administrator 117 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2715 ~()L IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of Februarj,2010. No. 38736;...021610. AN ORDINANCE authorizing the City Manager to execute a lease agreement with Juan E. Garcia, d/b/a Paradiso Cuban Restaurant, for approximately 190 square feet of space in the City Market Building for a month-to-month term, effective March 1, 2010, not to exceed twelve (12) months; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on February 16, 2010, pursuant to 9915,2-1800 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 Juan E. Garcia, d/b/a Paradiso Cuban Restaurant, for the lease of,approximately 190 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 March 1, 2010, not to exceed twelve (12) months, at a rental rate of $470.41 per month, upon certain terms and conditions, and as more particularly described in the City Manager's letter to this Council dated February 16, 2010. 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: ~ m. lYIawv City Clerk \v 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 February 16, 2010 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 Paradiso Cuban Restaurant in City Market Building Background: Juan E. Garcia, the owner and operator of Paradiso Cuban Restaurant, has requested a lease renewal agreement for approximately 190 square feet of space to operate a restaurant serving Cuban cuisine. The current lease expires February 28, 2010. The new lease term is month to month, not to exceed twelve months, beginning March 1, 2010. The proposed agreement establishes a base rent of the following: Square Footage Per Square Monthly Rent Annual Rent foot Amount Amount 190 $29.71 $470.41 $ 5 ,644.90 The common area maintenance fee is $318.27 per month. Recommended Action: Authorize the City Manager to execute a month to month lease, not to exceed twelve months, with Juan E. Garcia, d/b/a Paradiso Cuban Restaurant, for approximately 190 square feet of space in the City Market Honorable Mayor and Members of City Council February 16, 2010 Page 2 Building located at 32 Market Square, Roanoke, Virginia 24011, beginning March 1, 2010. All documents shall be approved as to form by the City Attorney. ' Respectfully submitted, Darlene L. Bu City Manager DLB/c1t Attachment: Month to Month Lease c: Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Asst. City Manager for Community Development Robert B. Ledger, Manager, Economic Development Cassandra L. Turner, Economic Development Specialist Joshua L. Mabrey, Accountant/Accounts Receivable CM 10-00035 LEASE ( Between THE CITY OF ROANOKE and Juan Garcia d/b/a Paradiso Cuban Restaurant C:\COCOMENI'S AND SKTTINGS\1IlCT1\MY OOcrwlENTS\PARADISO\2010 MONTH 1'0 MONTH LEASK. DOC LEASE INDEX HEADING PREMISES TERM BASE RENT; ESCALATIONS COMMON AREA MAINTENANCE LANDLORD OBLIGATIONS TENANT'S OBLIGATIONS USE OF PREMISES EXCLUSIVITY ASSIGNMENT AND SUBLETTING IMPROVEMENTS SURRENDER OF PREMISES INSPECTION INSOLVENCY OR BANKRUPTCY OF TENANT TRANSFER OF LANDLORD'S INTEREST ESTOPPEL CERTIFICATE DAMAGE TO THE PREMISES DEFAULT OF TENANT CONDEMNATION COVENANTS OF LANDLORD NO PARTNERSHIP BROKERS COMMISSION NOTICES HOLDING OVER BENEFIT AND BURDEN GENDER AND NUMBER ENTIRE AGREEMENT C:\DOCUMENTS AND SETTINGS\EDCn\MY DOCUMENT5\PARADISO\201 0 MONlH TO MONTH LEASE,DOC I PAGE 2 3 3 3 4 4 4 4 5 5 5 5 6 6 7 7 7 7 7 7 8 8 8 INVALIDITY OF PARTICULAR PROVISIONS 8 HAZARDOUS SUBSTANCES 8 INSURANCE 9 SECURITY DEPOSIT 9 INDEMNIFICATION 10 COMPLIANCE WITH LAWS AND REGULATIONS 10 FORUM SELECTION AND CHOICE OF LAW 10 FORCE MAJEURE 10 EQUAL EMPLOYMENT OPPORTUNITY 11 DRUG-FREE WORKPLACE 11 RULES AND REGULATIONS 11 SIGNAGE 11 GUARANTY 11 LIABILITY OF LANDLORD 12 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:\OOCUMENTS AND SETT1NGS\EOCT1\MY OOCUMENT5\PARAOISO\201 0 MONTH TO MONTH LEASE,OOC II LEASE THIS LEASE is m~de this ____day of _______________2010 by and between the CITY OF ROANOKE (hereinafter referred to as "Landlord"), and Juan E. Garcia d/b/a Paradiso Cuban 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, Stalls #~Roanoke, Virginia 24011, CiS is delineated on Exhibit "A" hereto, which is hereafter referred to as the "Premises," The Premises consists of approximately 190 square feet of space, 2, TERM The term ofthis Lease shall commence on March 1,2010, ("Commencement Date") provided that such terms shall not exceed twelve (12) months. 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, except until the twelfth (12) month. Each renewal term shall be upon the same terms and conditions as the prior month, and upon the mutual agreement of the parties. 3. BASE RENT: ESCALATIONS The base rent for each month of the term shall be based Oin cost per square foot. Tenant shall pay as base rent for the fi h hfh d hfll hdl Premises or eac: mont o t e Lease accor inQ to t e 0 owing sc e u e: Period Square Per Square Monthly Rent Annual Rent F00tage Foot Amount Amount Amount 3/1/10 - 190 $29.71 $470.41 $5,644.90 3/31/10 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 l)fthe Term, On the first anniversary of the Lease, and upon each successive anniversary thereafter, the m~nthly rent for the next twelve (12) months shall be increased by three percent (396) of the previous year's monthly rental. Rent shall be pai~ monthly, The first monthly payment shall be made at the time of execution ofthis 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 amount of five p~rcent (5%) of such total monthly rent payment. All delinquent C,\DOCUMENTs AND SETTINGS\EDCT1\r.IY DOCUMENT5\PARADISO\2010 MDNlH 10 MONlH LEASE,OOC 1 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 Eighteen and Twenty - Seven cents ($318.27) 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 Building(excludin9 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, U) 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) (I) 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, (0) 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 ofthe Building, their employees, agents, servants, customers and invitees, The Common Areas further include, without limitation, roofs, walls, vacant areas, food court, elevator(s), C\DOCUMENTS AND SETTINGS\EDCT1\~Y DOCUMENT5\PARADISO\2010 MON1H TO MONTH LEASE,DOC 2 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 ofthis Lease, ordinary wear and tear excepted, and not use any part ofthe Premises or the Common Areas ofthe Building in a negligent manner. (b) Tenant shall take good care ofthe 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 forthe purpose of conducting therein the sale of Restaurant serving Cuban 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 1 0:00 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 shall be used only for such purpose, The Building will be closed for the following Holidays or as C:\DOCUMENTS AND SETTINGS\EDCT1\MY DOCUMENT5\PARADISO\2010 MONTH TO MONTH LEASE,DOC 3 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 ofthe customary business hours or on the Holidays stated above, 8, EXCLUSIVITY Tenant operates a restaurant serving Cuban cuisine as outlined in attached menu noted as Exhibit "(", 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 ofthe parties that current and prospective tenants of the Building not be allowed to market products that would impair the sales ofthe other tenants ofthe 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 of the Landlord be inconsistent with the intended uses ofthe 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 ofthe 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 power wiring 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 thereby. Any personal property remaining in the Premises at the expiration of the C:\DOCUMENTS AND SETllNGS\EDCTI\MY DOCUMENTS\PARADISO\2010 MONlH TO MONTI< LEASE,DOC 4 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 ofthe 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 ofterminating this Lease, Upon such written notice being given by Landlord to Tenant, the term ofthis 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 to time 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 ofthe 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 upon by Landlord or a purchaser of Landlord's interest and by any mortgagee or C\DOCUMEN15 AND SETT1NGS\EDCT1\MY DOCUMENT5\PARADISO\201 0 MONTH TO MONTH LEASE,DOC 5 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 ofthis Lease have not been changed except as otherwise represented by Landlord; (ij) that this Lease has not been canceled or terminated except as otherwise represented by Landlord; (iij) that not more than one (l) 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 (l0) 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 prompt written 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 oftime 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 ifthe 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 IfTenant shall fail to pay any monthly installment of Rent and/or as required by this Lease, or shall violate orfail 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 (l0) 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 (l0) 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 ofthe term ofthis Lease by reason of Ten ant's default as hereinabove provided, or if Tenant shall abandon or vacate the Premises before the expiration or termination ofthe term ofthis Lease, Landlord shall use its best efforts to relet the Premises on the best rental terms reasonably available under the circumstances and jfthe full rental hereinabove provided shall not be realized by Landlord, Tenant shall be liable for any defiCiency in rent. Any damage or loss of rental sustained by Landlord may be recovered by Landlord, at C:\DOCUMENTS AND SETTINGS\EDCTl \MY DOCUMENTS\PARADISO\201 0 MONTH m MONTI< LEASE,DOC 6 Landlord's option, at the time ofthe 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 ofthis Lease shall cease and terminate as ofthe 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 ofthe 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 ofthe 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 ofthe covenants, terms and conditions ofthis 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 hindr.ance 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 Sauare. 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 forthe 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 SETT1NGS\EDCT1\MY DOCUMENT5\PARADISO\201 0 MONTI< TO MONTH LEASE,DOC 7 24. BENEFIT AND BURDEN The provisions ofthis 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 su bstitution. 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 orterminated 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 ofthis 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 deliverto 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 Premises and Tenant's use of the Premises, including the right to review C\OOCUMEN13 AND SETTINGS\EOCT1\MY OOCUMENT5\PAR~DISO\201 0 MONTH TO MONTH LEASE,DOC 8 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 su bstance satisfactory to Landlord, stating that Tenant, and any alterations thereto and Tenant's use ofthe 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 ofthe Tenant's knowledge, such an occurrence has otherwise occurred at or affecting the Premises. 29. INSURANCE Prior to the delivery of possession ofthe 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 ofTenant's work at Tenant's cost and expense and (ij) 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 ofthe 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 ofthe term ofthis Lease and upon each renewal ofthe 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 ofthe 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 the rent in the last month of the Lease with the Landlord before the C:\DOCUMENTSAND SETT1NGS\EDCT1\MY DOCUMENT5\PARADISO\2010 MONTH TO MONTH LEASE,DOC 9 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 Ten ant to keep and perform any ofthe 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 Ten ant, Should the entire deposit, or any portion thereof, be appropriated and applied by landlord for the 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 Termor 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 Ten ant 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 ofthe Commonwealth of Virginia, 34. FORCE MAIEURE 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,labortroubles, inability to procure rnaterials, failure of power, restrictive governmental laws or regulations, riots, insurrection, war, or other reason of a like nature not the fault ofthe party delayed in performing the work or doing acts required under the terms ofthis Lease, then the time allowed for performance for such act shall be extended by a period equivalent to the C\OOCUIAENTS AND SETTINGS\EDCT1\MYDOCUMEN15\PARADlSO\2010 MONTI< TO MONTH LEASE,DOC 10 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 ofthis 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 Ten ant, will state that Tenant is an equal opportunity employer. (c) Tenantwill include the provisions ofthe 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) Du ri ng the performance of th is Ag reement, Tenant ag rees to (j) provide a drug-free workplace for its employees; (ij) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled su bstance 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 ofthe 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 ofthis 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 liD" 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 writing. Tenant agrees to provide information concerning Guarantor(s) to Landlord C:\DOCUMENTS AND SETT1NGS\EOCT1\MY DOCUMENT5\PARADISO\201 0 MONTH TO MONTH LEASE,DOC 11 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 of this 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 ofthe 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. C:\DOCUMENTS AND SETT1NGS\EDCT1\MY DOCUMENTS\PARADISO\201 0 MONTH TO MONTH LEASE,OOC 12 LANDLORD: CITY OF ROANOKE ATTEST: Stephanie M. Moon, City Clerk ~: ~EAL> Print Name: Darlene Burcham Title: City Manaoer TENANT: By: Print Name: Title: (SEAL) SS#: ______________________________ Approved as to Form: Assistant City Attorney / C\DOCUMENTS AND SETT1NGS\EDCT1\MY DOCUMENT5\PARADISD\201 0 MONTH TO MONTH LEASE,DOC 13 \ '-- EXHIBIT A FLOOR PLAN C\DOCUMENTS AND SETT1NGS\EDCT1\MY DOCUMENT5\PARADISO\PARADISO LEASE,DOC 14 l\~) , ~~-,) \ \ I .' \ J.'} '-o--l \ ~ ca o. c \~~ I "'I" \"J.7 , II D I,. \5\ . 0 '? I \ "l." ~UI \1'4 . L~ I ,:-';::;: '\ '2.5' = 0 0 L ,'" , -. ..... u" \\r-' .~ 0 -', ... '':' ~ -=- - " .,,(tecO ,I. J:L..D 0 ")0 : '~.' :'_:~::' I <=:- .J.., Q H I' 9H,Jo I . " . '"'::'~..."., ",- I \\ " ""~ . c.:.o,/ , . - I ~I'~ D - ~"I'I \~'\ : \''6~ I ~ '0 \ 2.3 I ' ., 0 I ,"\7-'" ,..,U5~\I11 ,III \~'. .. 1', . ~llf,ill~JH \~, L \20 ~_~ ~_ \\'2. 'I I ,,~ \O~ \O~ ,\ 0 r., ~ WI I -4= I .c=. \02- I I n , \01 - , " EXHIBIT B COMMON AREAS FLOOR PLAN Attach here C:\DOCUMENTS AND SETTINGS\EDCT1\MY DOCUMENT5\PARADISO\201 0 MONll< TO MONTH LEASE,DOC 15 , ~ ~ ) ~J I , I \ \....../ :I " fIf i · a ~ ~ ~I I, JnN3^V Vfnvs . . --"J . i ~ I I I I I~J I:;J W , ry ltl I 1--- n::: In f- 1.-; VI i I ,-I ~: _J j a::: <t <( Ilf >' I :::: -- I'i I Ih fJ I If! I H~ I I ni' I ! ~ll , I: ! I ! L. " 3nN]^V 1138dY'lVJ ----- .;~: p g~ II EXHIBIT C MENU Attach here if Food Court Tenant C:\DOCUMENTS AND SETTINGS\EDCT1\MV DOCUMENT5\PARADISO\201 0 MONTH TO MONTH LEASE,DOC 16 :''"\ p(,l.f"a.d40-cuba-vv'R~M\t' 1. 'R~por'k.-, YU;e-, bUt.cktbea-w~, ~ 2. Pepper ~ rice', ~ 3. C~ breaft, yellow YU;e-, ~ '1-, 'Ropa.- Viefa.- - beef, brOWt'lt YLce-; ~ 5. AYY~CO'YltPoUo--chi.cke-vv~ r'~ ~ ~ 6. 'Beef - fy~ YU;e-, ~ 7. cuba-vv {rie.dt y(,ce,- 8. TYopCaiWShYlAnp, yeUow Y~ fyua: ~ 9, T/MI\.a1 YU;e-, ~ ~ 10. 'B~bea-w~, w'ha;-etY~ ~ bread" 11, V~p~-y~ YUCCCt;, ~ ~ brea.d- 12, cuba-vvv~~ - pot:ct:t~ r'~ fyua:, ~ 13. 'Beeftl~ bUt.ckt~ Y~ ~ bread.- 1 '1-. cuba-vvt"amctl- 15. SOLndw.:cJuw-C~por'k.-,~~,hcuw~~ Side.- Oyde-r-~ p~ fY~fY~ YUC<Ail.I 'BYe.u..d- C~SC)t.qJ ("tli4p~PCf.€lW'~) 'Dr'~ S~ Coffee- TeNf,/ EXHIBIT 0 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 oftrash, 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\DDCUMENTS AND SETTINGS\EDCT1\MYDOCUMENT5\PARADISO\ZOI0 MONTI< TO MONTI< 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:\DOCUMEN15 AND SETTINGS\EOCT1\MV DOCUMENT5\PARADISO\201 0 MONTI< TO MONTH LEASE,DOC 18 EXHIBIT F GUARANTY PERSONAL GUARANTEE Intentionallv Omitted ,~ C:\DOCUMENTS AND SETT1NGS\EDCT1\MV DOCUMENT5\PARADISO\2010 MONTH TO MONTH LEASE,DOC 19 The Roanoke Times Roanoke, Virginia Affidavit of publication The Roanoke Times ------------~-------------------------------------+------------------------ OFFICE OF ECONOMIC DEVELOPMENT 117 CHRUCH AVE ROANOKE VA 24011 City/County of Roanoke, Commonwealth/State of Vi~~nia. Sworn and subscribed before me this __~~_day of Feb 2010. Witness my hand and ~~~- Notary Public NonCE OF PUBLIC HEARING ^ The City of R'oanoke pr'oposes to lease approximately 190 square feet of City-owned propertYI located in the Roanoke City\ Market Building at 321 Market Square, Roanoke,! Virginia, 24011, to Jua~ E,! Garcia, d/b/a Paradlso\ ICuban Restaurant, to be: used as'a restaurant jestablishment, on a month < Ito month basis be, ginning March 1, 2010, such, term,s not to exceed one year, Pursuant to the requirements of <~~15,2"1BOO and '15,2-1813, Code of Virgi~ia (1950) as amended, notl~e 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 Tuesday, February 16, 2010, commencing at 7:0,0 ip,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 lthe City Clerk for the City of <Roanoke at (540) \ 853-2541, ' I Citizens shall have the I' opportunity to be heard and express their opinions on said matter, , :' If you 'are a person with a" 'disability who needs, 'Iaccommodations for this, ,hearing, please contactthe1 iCity Clerk's Office at (540) 853-2541, before 12cOO noon on Thursday, February 11, 2010, GIVEN ,under my hand thiS\ 1st day of February, 2010, STEPHANIE M, MOON , CLERK, I REFERENCE: 80084300 11948922 NPH-Paradiso State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: PUBLISHED ON: 02/05 \\\111"/// \\\ A I, ,\'~,\)'{ LA Y 'I" ,'~~ . . . . . , II? " ......' ~"/NOTARY"', -1.. .....-;. ~ ~:' PUBLIC ".'-1---:. ~ * ;' REG. #7090930 ': * ~ :: : MY COMMISSION: : ~ CO .'... \~~f-) j...:,if .....~_.. '. ~'... ..... -"70;1~ .." . . . . . .' -0.";::" ...,' , "'1' 'tY;:AI ~u \)~ '.' 'IJ I.... _In \,\ III/lill\\\\ (11948922) TOTAL COST: FILED ON: 196.56 02/05/10 --------------------------------------------------+------------------------ ::::: -t -.:, Billing Services ("") r- !*-l :::0:- Represutative IS> 'T1 m ttI ........ en ::0 ::Ill: ........ 's" (oj ........ P1Jv NOTICE OF PUBLIC HEARING The City of Roanoke proposes to lease approximately 190 square feet of City- owned property located in the Roanoke City Market Building at 32 Market Square, Roanoke, Virginia, 24011, to Juan E. Garcia, d/b/a Paradiso Cuban Restaurant, to be used as a restaurant establishment, on a month to month basis beginning March 1, 2010, 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 Tuesday, February 16, 2010, 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, February 11, 2010. GIVEN under my hand this ~ day of February ,2010, STEPHANIE M. MOON CLERK -' Notice to Publisher: Publish once in the Roanoke Times on Friday, February 5,2010. Send affidavit to: Stephanie M. Moon, CMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853-2541 Send Bill to: Economic Development Administrator 117 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2715 ROSEN ROANOKE CITY COUNCIL FINANCIAL PLANNING WORK SESSION FEBRUARY 19, 2010 8:30 A.M. EOC CONFERENCE ROOM ROOM 159 AGENDA 1 . Call to Order--RolI Call. All Present. 2. Opening Comments: Mayor and Members of Council City Manager Director of Finance 3. FY 2010 Budget Update 4. Review of FY 2010 Adjustments with Adopted Budget 5. FY 2011 Budget: A. Revenue Projection B. State Revenue Reductions C. Preliminary Base Budget Adjustments D. Preliminary Balancing Status E. School Budget Information F. Budget Development Priorities G. Revenue Options H. Letter - Council Member Mason 6. Capital Projects: A. Revised Debt Issuance 8. Pending Items . Continuation of discussion of the FY 2011 Budget and Capital Projects on Monday, March 1, 2010, during the 9:00 a.m. informal work session of the Council. 7. Other Business: None. The Recessed Council Meeting was adjourned at 2:49 p.m. City Council Financial Planning I!G ROANOKE - February 19, 2010 General Fund Revenues Fiscal Year 2009 (Actual) 4% S,b 8% C~sforService, RcalEslalC )]% InlfrgtWrmmt:ma1 27% Pcr~1IIiIIPnl('Clty ?I. Teh.(lllIllIUlOC.1tWs 3% o Real Estate o Utility I!I Telecommunications o Other . PIBonal Property .. BPOL o Interb'Ovemmental . Sale; o FoodlBeverage . Charge; for Service; .FYIO General Fund Revenue Estimates FY 10 Budget Development - Revenue Budget by Major Category Fiscal Year 2010 Adopted I-- a Real Estate Tax Intergovernmental Sales D Personal Property a Business License III Prepared Food II Charges fur Services Cl Other Local Taxes o Other a TOTAL ~.~... '" ~. ..,~..~ ,,., P"I'O'O. F.... - .....r.... " - P...."." 1% ..... no '""21~....t S78.6M S69.JM S2L4M S17.2M SI2.IM SIL9M SIO.5M SJ2.JM i..1.lM S257.0M Changes in FYIO Revenue Estimates February 1 to February 19,2010 Cat.."" Revision to FY10 Projections Revenue Under Estimate ($9,085,000) February 1, 2010 Genera! Property Tax 319,000 Other Local Taxes 282,000 IntergOlJElmmental (520,000) Charges for Services ( (118,000) - Ott1er RelJElnues llQQQ. Total Revisions ($6,000) Revenue Under Estimate ($9,091,000) February 18, 2010 . 1 FY 2010 - Additional Expenditure Issues lJ Snow Removal- $610.000 n Based on overtime, contracted services, and chemical purchase . $411,770 higher than presented on February 1 tl FEMA reimbursement request for December 18th snow event' pending based on disaster declaration by Governor lJ Street liahtina - $150,000 o Based on rate increase _ 0 Workers' Comoensation Medical o Update pending Expenditure Budget By Major Category Fiscal Year 2010 D Scoools 1:1 Public Safety a Health & Welfare o Public Works D Debt Service o General Gov. a ,ParkslRec., Libraries, Cultural D Judicial Admin - D Community Dev. a Capital Projects. a All Other D TOTAL S70.9M S60.3M SlUM S25.IM SI5.IM S12.5M S 9.9M ~" 5~ ';~;. _.<8<1... C...mu.... ....... " ~~':.......~:..Pub..w<W5;:~ ~~,:: S 7.8M S 6.9M S t.9M :i...6..!1M S257.0M . FY 2010 Adjustments - Adopted Budget - c- Office of Communications - $56 418 Elimination of production of annual report and adjustments in other printed communications D Parks and Recreation - $1 147792 Reduction in horticulture and beautification activities, frequency of athletic field and park mowing. urban forestry. Youth Services, and closing of Norwich Community Center . Police - $349.221 Suspension of Police Cadet program, suspension of the Mounted Patrol, reduction of three school resource officer positions .0 Transoortation - $328.460 Elimination of loose leaf collection and reduction in mowing cycle frequency for medians and right-of-way areas FY 2010 - Budget Balancing Status February 1 February 19 Projected Revenue Srortfall $9.085.000 $9.091.000 Expenditure Issues $1.952.330 $2.514.100 Total Budget Issues $11.037,330 $11.605.100 Expenditure Reductions $9,383,937 $9,383.937 Reduction - Transfer to Scrools $2,537,945 $2,310,920 Net Available $894,552 $89,757 - . I FY 2010 ~ Adjustments ~ AdoPted Budget I - lJ Total Reductions - $7 246.702 D Contributions and Sponsorships External Agencies - $607.036 . Eliminated Arts Festival - $197.866 D Fire-EMS - $302 500 Elimination of 6 positions assigned to Roaooke County Clearbrook Station, reduction in operatirY:;l support for Roaroke Emergency Medical Services(REMS), elimination of funding for pagers o Human Services- $129 971 Reduction in funding for General Relief Program and elimination of State and Local Hospitalization Program o Ubraries - $213 527 Suspension of bookmobile operation, closure of library branches one day a week, restructuril"9 of Virginia Room staffing compliment, and reduction in Law Library support FY 2010 Adjustments - Adopted Budget - D City Attorney - $50 000 Eliminated contracted services for Legislative Liaison o Economic Develooment -$87 765 Outsourced statistical compilation o Civic Center - $450 000 Reduction in planned subsidy based on fUll-year management by Global Spectrum o GRTC - $248 404 Adjusted peak-time service for two selected routes SmartWay fare increase o Technoloqy - $117.360 Outsourced computer operations 2 FY 2010 Adjustments - Adopted Budget - . Emplovee Proorams - $1146105 Suspension of ICMA Savings Plan Match and tuition reimbursement . Position Reductions-$1112113 General position reductions - 24 Position reductions associated with program adjustments - 44 Unfunded two additional positions . Other Reductions - $701 664 Administrative Overhead. $501 ,664 Motor Fuels - $200.000 FY 2010 - Adjustments - In Year o Program Reductions _ $1,270.307 Juvenile Court Services. Jail Operations. Office of Communications. Planning. Building and Development. Parks and Recreation, Juvenile Justice, Social Services, Police. Fire-EMS. Ubrary. Human Resources, Facilities Management, Transportation. Solid Waste Management. Technology I- General Fund Total Revenues . FY 20 1 0 - Adjustments - In Year CI Total Adiustments - $9,383,937 . General Reductions/Savinos - $6699781 Budget Contingency, Fuel Contingency, Hiring Freeze. Fleet Replacement, Technology Capital. OPES Contribution, Street Paving, Debt Service, Juvenile Residential Detention, IMD Performance Agreement, Commonwealth Attorney, and Sheriff - Administrative Overhead - $1 413849 . Training and Travel, Supplies, Equipment Replacement, Publications and Subscriptions, Uniforms, Dues and MemberShips, Printing, Professional Services, Records Management, Postage FY 11 Budget Development I-- I I Changes in FYll Revenue Estimates Preliminary (12.09) to Revised (2.10) I Category Revision to Estimate Revenue Decline Adopted ($5,982,000) FY10 to Preliminary FY11 General Property Tax 275,000 other Local Taxes . 168,000 Intergowmmenlal (2,594,000) Charges for Services (1.068,000) other Rewnues (490 000\ - Total Revisions ($3,709,000) Revenue Decline Adopted ($9,691,000) FY10 to Revised FY11 " 3 Projected Revenue Changes FY 2011 Revenne Estimates Comparisons Against Adopted FYII Budget Preliminary (December) Revised (February) Cattogory $Prellrnlr14ry % Growlhl $R.vl_dGrowthl % Growlhl Growlh/(o...lIrMl) (0.0011..) (0.0011..) (D-cli",) Real E'!;'la\e Te.J\ 891.000 1.1% $1,018,000 1.3% Intergovernmental (1,783.000) (2.6%) (4,377,000) (6.3%) Sales Tax (2,167,000) (10.1%) (2,313,000) (10.8%) Penlonal Pmperty Tax (345.000) (2.0%) (355,000) (2.1%) BwinesslicenseTa" (74\,000) (6.1%) (730.000) (6.0%) Pl9paradFoodTax (350,000) (3.0%) {733,OOO} (6.2%) TelecommUllicationsTax {1.069.000) (14.3%) (240,000) (3.2%) Charges fofServic:e!l 156,000 1.5% (912,000) (8.7%) Olhar local Taxes (7f:O,OOO) (3.0%) (729,000) (2.9%) OlherRewn....... ',"000 ~ f1gQ.QQQ.1 ~ T01<l1 ($5,982,OOO) (2.3%) ($9.691,OOO) (3.8%) Sales Tax The City's socooo largest tax - l~ Fno FYW ryw FYlIP~1rn FYI] Adop,,<! R.,,,,,dDec Re,....dF.b D"", R<,is<<!f<h I_S''''Toxl .-\wragegtuWlh: 2yr~(3.s%).5yT~ 1.3%. IQyr= 1.8% ~ FY04 - FY09 - lUUlpdx;nsi \C Annual financial Rep.," FYlO - FYll - ",.loped BudgetlPmjocled:'<:tuaIlRc\iSl.>d Estimate I I':....... I .,. ' 1_- - - - - ~ ':~"" 1 ::: .1 :: ~ - - -- -. -- - ~ Delinquent Real Estate Current Annual Levy $76,000,000 CoUected Based on Fiscal Y mr ( Estimating the City's Local Taxes --- [i!J Approximately two-thirds of General Fund revenues g Shared with Roanoke City Public Schools at 36.42% of adjusted local taxes 6l Key local taxes billed in spring - personal property and business license [J Revenue estimate process begins in November and concludes in April o Methods and modeling techniques Unemployment Rate Analysis 118 1."...........,-......... 1 - :~i.......... , I : I 1."............\"....... ...1 Delinquent Personal Property Taxes Current Annual Assessment $] 7,000,000 Collected BasooonCale1Xlar Year - ;L "L '0' , ~ . . ~ ~ ~ ~ _ .:::o:_~ =08 _O~ ~~.~ 4 Changes in FYll Intergovernmental Revenue Compared to Adopted FYIO Revenue Estimates Category FY11 Reduction In Funding Compensation Board-Reimbursement for Elected Officials ($1,891,000) Jail Per Diems from Compensation Board (375,000) Street Maintenance (464,000) law Enforcement-HB599 (1,138,000) SocialSer'Jices (194,000) - Noncalegorical Aid Reductions (Rental Car, Recordation) (195,000) Otller Categorical Aid Reductions 1120 000\ Total State Reductions ($4,377,000) " State Budget Update - Q Governor McDonnell announced additional proposed budget adjustments on Wednesday, February 17th Restores $950 million for Personal Property Tax Relief Progra'll Restores $50 million local flexible spending cuts Additional public education reduction of $731 million over the biennium . Reduction, all but $200 million, offset by savio;;Js in VRS contributions , . K-12 funding at 2006 level Restoration of some of the HB 599 reductions? Additional Health and Human Service reduction of $316 million General Assembly Milestone Dates [J Februarv 21 . Committees responsible for budget bill complete work [J Februarv 25 . Each house completes work on its budget bill [J March 3 . .- Each house acts on the budget bill of the other house and appoints conferees [J March 13 ___ . General Assembly Adjourns [J Aoril21 . Reconvened Session Constitutional Officer Budgets % Budg et State City City Treasurer (15) $1.044.422 $59,668 $984,754 94% Commissione'r of the $1.021.592 $69,920 $951.672 93% Revenue (17) Commonwealth's $1.701,505 $751,631 $949,874 56% Attorney (18) Sheriff/Jail (209) $16.337,939 $7,748,663 $8.589,276 53% Clerk of Circuit Court $1.486,231 $61,000 NIA NIA - (25) State reimbursement includes in--year reduction of $658,000 based on caboose bLXlget . Clerk of Circuit Court is oot a Compensation Board furded office but it receives iuS::logy Trust Funds" Revenues are retained locally and department is ~11y State Budget Update Eliminates .proposal for existing state employees to pay 1% of VRS Contribution Rate in FY 2011 and 2% in FY 2012 Supports the overhaul of retirement benefits for new employees State employees receive a 3% bonus in December 2011 State employees required to take 5 days of unpaid leave - / Planned Funding of Roanoke City Public Schools Description FY09 FYtO FYII FY12 FYI3 Thereafter BasefuOOing Per local tax furding formula local taxes less dwicated re-."enues - adjusted local taxes x 36.42'% Plarmoo SSOOk S 1.000 k S!.500k S2,OOOk S2..500k S2.500k Additional . Funling (Currently Suhjoctto Fun:ling SI.OOOk) A\"ailability Total Fun:1ing Sumof wing per formula at 36.42% adjustoo local taxes {ius additioml funiingas listoo lor each fiscal year In accordance with resolution adopted by City Council in 2009. 5 History of Funding to Roanoke City Public Schools School Funding: FYOS FY09 FYlO FYIO Feb FYII Feb Final Final Adopted Revi~d Re,ised Formula Based Funding $6lJ86.632 $61945.506 $61.799938 S59.489.Dl8 $60.896.124 IncremcntalS500.000p-0gram son non LOOO.OOO I.OOO,()()() .1.0()().OOO ..\ddilionaJ funding 60913 1.047523 1.047..523 lJ)41523 Total &0001 Fuoding $61.386.632 S62,506,419 $63,847,461 561.536.541 S62,943..647 PClCcntageincrcasc(&"'l;rca.<;e) ].8% 2.1% (}.6%) (1.4%) .. - Target of $1.5 million, subject to fundirYJ availability FY 2011 - Base Budget Adjustments l'll Non-Discretionary (continued) D Performance Aqreement ($418,300) IMD Performance Agreement Valley View Performance Agreement Cambria Suites Performance Agreement I J iii Other D Capital Funding - $1,010,202 Fleet Replacement, Technology Capital, Building Maintenance, Street Paving o Roanoke City Public Schools - $500,000 Third installment of commitment of $2,500,000 Roanoke City Public Schools ~ Presentation of information by School Staff " .1 I FY 2011 - Base Budget Adjustments I ~ EI Non-Discretionary D City Retirement Contribution -$115,900 Increase in contribution rate 15.42% to 15.78% D YRS Retirement Contribution - $40,500 Increase in contribution rate 16.8% to 17.26% . Medical Insurance - ($524,000) Decrease in anticipated costs D Debt Service Funding - $500,000 Based on revised planned debt issuance . Budgel Stabilization Reserve - $250,000 D Inflationary and Other Costs - $739,000 Based on department budget submittals FYll Budget Balancing Status Compared to FYI 0 Adopted Amounts Reyenue Decline $9,691,000 Base Budget Adjustments $703,100 Non-Discretionary Out of Balance $10,394,100 School Transfer Adjustment $903,814 - Based on Local Tax Reyenue Adjusted Out of Balance $9,490,286 " I Priority Areas I What should the priority areas be? Schools $70.9M Public Safety $60.3M Health and Welfare $39.7M Public Works $25.1M General Government $12.5M Parks/Recreation, Libraries, and $9.9M Cultural - Judicial Administration $7.8M Community Development $6,9 M " - 6 FY 2011 Budget Adjustments I-- a General Admin istrative Overhead Expenditure and position reductions c Outside Agency Funding - $2,611 ,000 Program support and event sponsorship c Citizen Publications -$141,862 Citizen Magazine and Calendar a Orcuit Court Law Cterks - $147,724 c Ubraries $3,534,708 Programs Collection Materials Branch Ope ratio ns FY 2011 Budget Adjustments f--. c Transportation - $1 0,953,332 Street Pavi~ and Maintenance Minor Bridge Maintenance Street Lig hti ng Street Sweepi ng Alley Maintenance Landscape Maintenance (Median and Right-of.Way) Traffic Signal Maintenance a Juvenile Justic~ - $1 ,430,237 Crisis Intervention Youth Haven Outreach Detentio n Community Services Revenue Options Local Tax Revenues Shared 36.42% with RepS Current Rate Change Tax Rate Maximum Rate Impact Real Estate $1.19 None $.01 = $650,000 Personal Property 1 $3.45 None $.01 - $48,000 Utility Consumer 12% 12% 1% = $782,000 Cigarette (20 per pack) $0.54 None $.01 - $44,000 Transient Occupancy 7% None $1% = $362,000 ; Admissions (General) 5.5% None 1% = $80,ODO Prepared Food & Be'Ae!rage 5% None 1% = $2,223,OOD Motor Vehicle License $20.00 $33.00 $1 = $95,000 NolO 1: Thef'e",o""IProperlylmpllOl"0.1'''AlOdon'''''loc.l~rtionoflne.'onI1Kdo..nofinclc<j~PPTRA '" FY 2011 Budget Adjustments - c Parks and Recreatioo - $6,069,429 Park Maintenance Urban Forestry Horticulture and Beautification Athletics and Athletic Field Maintenance Programs ( Aquatics, Fitness, Wallness, Outdoor, Specialized) Youth Services . Solid Waste Management - $6,614;784 Bulk Collection Curbside Recycling Semi-Automated Residential Collection FY 2011 Budget Adjustments a Social Service/Human Service General Relie! - $78,900 Emergency ReDe! - $ 70,000 c Middle School Resource Officers - $361,000 c Dare Program - $253,000 ' J Prepared Food Tax Revenue Cl FY11 Estimated Revenue is $11,117,000 .0 0.5% Increase in Tax Rate = $1,112,000 Cl 1.0% Increase in Tax Rate = $2,223,000 IJ Impact of 0,5% increase on a $10 meal = $.05 III Impact of 1.0% increase on a $10 meal = $,10 - 7 Prepared Food Tax Rates a The City's Current Tax Rate is 5.0% D Five of the Seven First Cities rates are Currently 6.5% 13 Average of First Cities is 6.2% III Average of All Cities is 5.2% a Cities 'o\1th Tax Rate of 5.5%: . Ch!lsapaake, Hope_II, POQlJ:Ison,ard Virgina Beach - o Cities with Tax Rate of 6.00/0: . Bristol, Harrianbuy, Wlartinsvill9, Norton, Rictmord, ard Staunton II] Cities 'Nith Tax Rate of 6.5%: Emporia, ~ranl<.ljn, Hampton, Lyrcttlurg, Newport Naws, Noti:llk, Portsmouth, am Sutblk Transient Occupancy Tax Rates n The City's Current Tax Rate is 7.0% a Four of the Seven First Cities rates are Currently 8.0% D Average of First Cities is 7.4% D Average of All Cities is'6.0% D City with Tax Rate of 7.5%: . Newport News c Cities 'lJlJith T ax Rate of 8.0%: Chesapeake, Colonial Heiglis, Emporia, Frarl<.lin, Hampton, Hopewell, Norblk, Portsmouth, Rict"m:lrd, Suffolk, an:! Virginia Beach - Local Tax Rates of First Cities FY 2008 , 1 Local;ty Real Estate Personal Property Prepared Transient I Tax Tax Food Tax Occupancy Tax ! Roanoke '.19/1.07 3.45/2.66 5.0% 70% ) Hampton 1.06/0.97 4.25/3.32 6.5% 8.0% I Lynchburg 1.05fO.92 380f3.27 6.5% 5.5% Newport News 1.20/0.87 4.25f3.32 6.5% 7.5% ! f\brfolk 1.1110,95 4.2013.28 6.5% 8.0% Portsmouth 1.26/1.15 5.00 13.90 6.5% 8.0% Richmond 1.20/1.03- 3.70/3.18 6.0% 8.0% Salem 1.18/0.88 320/2.50 4.0% 7.0% Roaooke Co. 1.09/0.90 3,50/2.73 4.0% 50% :\ole: Splil ralCs for Real Estale and Personal Prup!n)' l~s deJ1(\le differences in nominal andem.:di~ ta....nlle\'.resedollas~\',smcntJ:;,;;Jesratio and assess~ tusls. n:s-p:clhdy. lk 2009 Tax Rate h,ok ha;; ll..>{:1I ordered bul has 1I01}e1 h:en rccciwd " Transient Occupancy Tax Revenue t:I FY11 Estimated Revenue is $2,532,000 IJ 0.5% Increase in Tax Rate = $181,000 III 1.0% Increase in Tax Rate = $362,000 - Comparison of Local Tax Rates for Peer Localities - FY 2008 Roanoke F\rstCil.ies All Cities Roanoke Co. Real Estate $1.19/$1.07 $1.15/ $0.99 $J.93 f $0. 77 $1.09/$0.90 Personal Property $3.45/ $2.66 $4.09/$3.28 $3.83/ $2.91 $3.50/$2.73 Prepared Food 5.0% 6.2% 5.2% 40% Transient Occupancy 7.0% 7.4% 6.0% 50% Cigarette (25 pack) $)54 $:).56 $0.38 $ClOD Admissions 5.5%/.9.0% 8.6% 7.8% S% ""- Note: Split rate; for Rl.'31 Estate ani Pcr9;,ltlaI Property Taxes dL'n:.lte differerces in n.mIiml ani efl'octin' tax rates basu:l on assessmem1sales ratio ani aSSL'SSlnenl basis, resplXti\'ely. The 2009 Tax Rate lxlOk has bL"Cnordcrcd hut has ll:.ll yel been roceinxl .. Capital Improvement Program - 8 Capital Improvement Program Men..etG.... fl~.rc'e Fl....., Flood R. uction lAm hi_terDes n Lib Mot,Plon P&RMoS1e'PIon.CQuntr de P&RMoWP n.W..h' ton Pan..P..,1 P&RMo~efP!an.Parl<lm rove", r.. ICu<bGutle,&Sd._". ..IRlldioCon""rstOn P&.R Me,"'r Pon.NDtiO""IGUflrd"',mo 350000 MIl".,,,, "'I:li Fl."""",!",n 56195 o lIIIRedIoCn......"'n , a 0 S 13729925 ib", r.to.,.,PI.n lAm h'_I.reons!"",!.." S 15750000 , Capital Project Issues c Roanoke River Flood Reduction - $1,750,000 c True-up of project cost share over 20 years by Corp of Engineers Engineering staff negotiating with the Corp of Engineers on the revised local match amount and payment schedule - f REVENUE TREND INFORMATION J Additional Capital Project Issues ,J c Capital Contributions - $500,000 Second of five planned installments to: c Center in the Square - $300,000 D Science Museum - $1 00,000 c Harrison Museum - $100,000 Cash fund using excess debt service funding c BuildinQ Demolition - $538,000 Q Parks and Recreation Admin - $238,000 Q Health Department - $300,000 Reallocate residual funding of $214,830 and identify source for the remaining $323, 100 APPENDIX - \. Real Estate Tax The Cily's largest SOUl\;eofrevwue $80 $78 -.. 576 j $74 ~ 572 "" $70 ~ $68 ~ $66 = $64 $62 $60 fil0 FYIO FYIO 011 t'\1I /tdo~.d R..b.... 1<<,-10." PftUm RHb." D.. F.b 0.< EsI /\',\:TagC gwwth: 2yr=6.1%.5yr=7.6%.]0 yr=6J% ~ F\'06 ~ 1''1'09 - C\,mpl:lI:l1si\t: Annual financial Rep.lO fY10 - FYll - ."'doped BudgclJ1'mjocted,'t;;lualfRc\iscd Estinwe 9 Trends in Real Estate Assessments 95 85 75 65 PercentBKe 5.5 Grn\\1h F\'98 FYOO FY02 FY04 FY06 1'\'08 FYIO 10 Reasses.went . :\'ew Construction I Ave growth: 2 }T- 3.2%. 5 )T-5.9%. 10 }T- 6J)% Source: Real Estate Valwtioll ) Prepared Food & Beverage Tax The City's founh largest tax -- I'2 I a" I ~" . :..',.,........ ~ , ! : ::a::: 7 , . - 1''>'10 FYlO ."OOJ:*:! Ra..al '" FYII p",trnDo< I_P"'I""'dFoodl .The","'''"alP~,..teincrea,.,inJ.Y06from4...1,,5'.. A\ICf1Igegr0w\h: 2yr~2J)%.5yr~4J)%.lOyr~4J% ~ FY06 - FY09 . (omprchmsi \e Annual Financial Refl1l1 FY!(l ~ 1-''0:"]] - i'doped BudgcuProjected .-\.;lua1IRe\ised Estimate Telecommunications Tax The City's seventh largest tax illu..,.. ~5 . I ~ : I ~ ~ 2 I , , . - FYlO.-\dopI:d fYIOr:,iied Fl10F~Wcd I.j-o~<<> - ",~I FYlIP",1in fl11&_d D'" Fob Swon= FY08 _ F"l1)9. C(lm[l"ekn~1\C Annual Financial Rep:.lfl 1-')"]0 - FYIl - l~oped Budgct/pl1)jecled/\cl~iRe\iscd ESlimalc Personal Property Tax The City's thinllargest tax -- . , 3.00 24.00 22.0Cl ~oo lUIO la.OIl lUIO I = ---~ 1'\1)7 FY08 fY09 FYIO 1'1"10 fYlPo:lilIl FYI! AdoplOd R;:d Do< &F:o>l I .PcrsonllIPropertyTslI_Local Average gTl'w1h: 1yr; O.g%. 5yr=4.9%.]0 yr=O.:!% ~ P)'06 - FY09 - Com):re~nsi>e Annual Finano;:ial RCp..lll FY]O - FYI I - l~]:ted Budgeti1'nljl,l;tedActuailRe~jsed Eslimale Business License The City's fifth largest tax !:l1mhm...... ~ :: i ~ : J 8 : . FYIO FYIO Adoplo>l &"=1 ~ Fl10 FIll Proj<cRd P",~,l>>< I_Bu;n:..li>o:r><I A~eragt: grow1h: 1yr~ 1.I%.5yr~ 2.8%.10 yr; 1.3% Swon= 1''106 - FY09 - Com):re~nsi -.e i\imual Financial RePJn FYlO - FYII - ..1doJ1cd Bl.ldgcvPmjecled ilw;luallRe~ised Estimate Transient Lodging Tax The City's eighth largest tax J .~ ~ I =, :.'..,...... ~ . :l 1 ~ S I ~ I ~ , FllO Fl10 FYJO F,ll FYII .\lopllrl R",~o>l R<~<dF P",ImD<< R<'>i><dF<b O. A~\:f"dge grOw1h: 1yr; 1.7%.5yr"'4.4%.lO )'1""'3.0% Swon= PY06 - FY09. C(Jnlp-cb:nsiw Annual Financial Rt:JX,n PlIO - FYI I - ..1doJ1cd Bl.ldgcti1'mjected ..'.,ctuaIiRc~;sed Estimalc 10 I~/ DEBT POLICY COMPLIANCE I-- Debt Policies D Tax-supported general obligation debt service will not exceed 10% of General Fund expenditures. D Net bonded debt will not exceed 5% of the assessed value of real estate. D Net Bonded Debt is general obligation debt for the City and School Board, exclusive of Parking Enterprise Fund debt and the amount available in the Debt Service Fund. r-- " Tax-supported debt will be structured such that not less than 50% of aggregate outstanding debt will be retired within ten years. D Note: Ratios that follow include all tax-supported debt - GO bonds, VPSA, Literary Loans, aZAB, and Capital Leases. . Results in accordance Vv'ith debt policies are included in Appendix. Future General Fund Debt Service Requirements and Projected Funding Available for Debt Service ~. ----- I 25; " -.,..- ~. 1111) . ,,' ~ -~ -- - I I 00 ~ -- -- ] 5! - _~ _ - 0- _ _ _ _ ~oo ~" ~" ~" ~" A*Steo:l[}t)tSffviceR;qJlaTlI1t$~ 2274 2163 22.11 2278 n" ~su",ee Rqe.;tedFlmoilgA'ailBbIafcrDibISuvice 24.53 ~~ 25.52 25.02 ~ro ~:::..~ceBetw_~iEJTBllsaAvailBbla. 179 3~ 342 325 300 Legal Debt Margin and Balance of Outstanding Debt as of June 30, 2009 --- ~~ VelueofRad EUle, 2(X)9 LepIDeblL1.o:i;l.,lo-/.ofS6,S64,294.!l6~ rJ<tt"PP~caH"lOlimilation: GenemlOHigolionSaiaI&nis-~l>divitieo; Gon:raI OHigolionSerialBoods- We,mn \'irpma Weta AulhJrity(WVWA) Stale Ulenu'yFlDi Loons V"l!iuiaPuliicScOOolAulbOOlyiVPSA)SduoIBoods CivicF""ililic"Entapi~Fm;l-Busire'f';-TlP<'Ativilies l'arki.ng 1'~~FlRiSlwrtedDel:.t- [\D>i~!lrTypeAdivilies LM=cd &nlCcrh- PamngEnk.'1p1irFlRi ~ IeI1 TotaI&oo.dDeht Less: AvnilaIieinrkblSt:l'\Ii(;eFlRi WeotemViq;nia WlIlcrAll1lx1l'ity~~ rkbl(WV\\'Aj I'arkingEnteqri~FlRiSuff>ortcdru,t lki:m:dB<.nfC<;w-l'arkingEntcrpioeFlRi~Del:.t Leg&IDeht:\WJID S 6..564..294,962 6:56,429.4% S 195.1U,770 24.255948 3570.000 51.182.777 14.lQO.ooo 15..294.914 ~ J04,07I,80.l (1.l61.lP5) (24.255948) (15.294,914) ~ 263.493.652 392,9.35$44 Debt Capacity Mter Planned Future Debt Issuances (in millions) I-- ! "' .=--~I~I -~2013-2O'4T2015 i I , 40 ~_.. 20 l ': t.~~~~ 2011 I CebtCa~ctyi , DebtC8p"cllybooS8dond8btS8""""no'.J<:..ding10%ofGe","IFundE'P"nd~u""'''''''0"n1;$t"own....pe' .mounlI,....,.mn; lutu... bonds.... 8tl'IO~l2d 0,,",20 1".'" with ","'Id.bt.."""" .t.n In~....t "'~ 015% Ratio of Debt Service to General and School Fund Expenditures (10%) (Reflects Issuance of Planned Future Debt) 10.0% 9.9% 9.6 185% = I=ffj~ 0.0% 2010 2011 2012 2013 2015 2016 2017 2018 Note. Baud en ",,,..ed budget;n FY10. blle_d by grewtheIO.2% in FY' 1. growth el1% in FY12 and 2% U...",afte, "- 11 Ratio of Net Bonded Debt to Assessed Value of Real Estate (5%) (Reflects Issuance of Planned Future Debt) Reduction of Aggregate Debt Within Ten Years (50%) (Reflects Issuance of PI armed Future Debt) 000% ,," ,," 19% 81% IP,\ -- -- -. --- - 1.-.. - -- I- - - 1-- - _._- 1- 1-. - - 1-- .-- 1-- 1.-- - -- -- --. I.......... - -. 1.-. -- - --- .. - .1 --- I -- L - - - - - - - - r- I 60% ! 50%' 800% I . 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