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HomeMy WebLinkAboutCouncil Actions 11-15-10 PRICE 39003-111510 ( ROANOKE CITY COUNCIL REGULAR SESSION NOVEMBER 15, 2010 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order--RolI Call. AWPresent. The Invocation was delivered by The Reverend James L. Armentrout, Pastor, 'St. Marks Lutheran Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. Welcome. Mayor Bowers. Mayor Bowers announced that the Annual Volunteer Reception will be held on Tuesday, November 16 at 4:00 p.m., at the Taubman Museum; and the Annual Grandin Road Christmas Parade scheduled to be held on November 20, 2010 at 11 :00 a.m. He also reminded the public that November was Men's Health Month. NOTICE: Today's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, November 18 at 7:00 p.m., and Saturday, November 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. 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 GOVERNMENT ICON. ' 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. PERSONS WISHING TO ADDRESS COUNCIL WILL BE REQUIRED TO CONTACT THE CITY CLERK'S OFFICE PRIOR TO THE MONDAY COUNCIL MEETING, OR REGISTER WITH THE STAFF ASSISTANT AT THE ENTRANCE TO THE COUNCIL CHAMBER PRIOR TO COMMENCEMENT OF THE COUNCIL MEETING. ONCE THE COUNCIL MEETING HAS CONVENED, THERE WILL BE NO FURTHER REGISTRATION OF SPEAKERS, EXCEPT FOR PUBLIC HEARING MATTERS. ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE ALLOTTED FIVE MINUTES EACH; HOWEVER, IF THERE ARE MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLOTTED THREE MINUTES. ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMITTEE MAY CONTACT THE CITY CLERK'S OFFICE AT 853-2541, OR ACCESS THE CITY'S HOMEPAGE TO OBTAIN AN APPLICATION. THE COUNCIL OF THE CITY OF ROANOKE IS SEEKING APPLICATIONS FOR THE FOLLOWING CURRENT OR UPCOMING VACANCIES: FAIR HOUSING BOARD - ONE VACANCY BOARD OF ZONING APPEALS - ONE VACANCY. CITY PLANNING COMMISSION - TWO VACANCIES TOWING ADVISORY BOARD - THREE VACANCIES 2 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 REFERRED IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. Susan Burnette and Stark Jones appeared before the Council. 4. CONSENT AGENDA (APPROVED 7-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 Minutes of the regular meetings of Council held on Monday, September 20, 2010 and Thursday, October 7,2010. RECOMMENDED ACTION: Dispensed with the reading of the minutes and approved as recorded. C-2 A communication from the City Manager requesting that Council schedule a public hearing for Monday, December 6,2010 at 2:00 p.m., to consider the lease renewal of Orvis Company, Inc., for retail space in the Center in the Square Parking Garage. RECOMMENDED ACTION: Concurred in the request. C-3 A communication from F. Gordon Hancock, Secretary, Roanoke City Electoral Board, transmitting an Abstract of Votes cast in the General and Special Elections held in the City of Roanoke on Tuesday, November 2, 2010. RECOMMENDED ACTION: Received and filed. C-4 Reports of qualification of the followings individuals: Robert K. Bengtson as a City representative of the Roanoke Valley Resource Authority for a four year term ending December 31,2014; 3 Vincent G. Dabney as a City representative to the Blue Ridge Behavioral Healthcare, Board of Directors, for a term ending December 31, 2013; and William C. Holland as a member of the Local Board of Building Code Appeals for a term ending September 30, 2015. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: NONE. 7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: 1. Acceptance and execution of the United States Environmental Protection Agency (EPA) Brownfield Assessment Hazardous Substance Grant to fund environmental investigations of brownfield properties within the City; and appropriation of funds. Adopted Resolution No. 39003-111510 and Budget Ordinance No. 39004- 111510 (7-0). 2. Acceptance and appropriation of funds in connection with the United States Marshals Service Grant to be used by the Police Department. Adopted Resolution No. 39005-111510 and Budget Ordinance No. 39006-111510 (7-0). 4 COMMENTS BY CITY MANAGER. The City Manager announced that information with regard to the City Market Building Project could be found on the City's website at www.roanokeva.Qov. He reported that the Roanoke Valley Convention and Visitors Bureau had a very successful five months with a profit of more than $12 million. Skip Decker also reminded the public about the kickoff date for the collection of loose Leaves. 8. REPORTS OF COMMITTEES: a. 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. Kathryn K. Fox, Lead Accountant, Spokesperson. Adopted Bu~get Ordinance No. 39007-111510 (7-0). 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 11. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. Council Member Bestpitch suggested that Council consider passing an ordinance to allow an additional day of paid leave for City employees on Monday, December 27,2010. He pointed out that no salary increases were given this year and this is a way to show employee appreciation. The City Manager stated that a report would be placed on the' December 6 agenda for action. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. THE COUNCIL MEETING WAS DECLARED IN RECESS AT 2:48 P.M., TO BE RECONVENED AT 7:00 P.M., IN THE CITY COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING. ( 5 ( ROANOKE CITY COUNCIL REGULAR SESSION N,OVEMBER 15,2010 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 Cub Scout Pack 1, First Presbyterian Church. Welcome. Mayor Bowers. NOTICE: Tonight's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, November 18 at 7:00 p.m., and Saturday, November 20 at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. A. PRESENTATIONS AND ACKNOWLEDGMENTS: Recognition of Kay Poindexter, Physical Education Teacher, Stonewall Jackson Middle School, inducted into the Sports Hall of Fame on Saturday on September 18, 2010. Recognized and presented City gift to Ms. Poindexter. 6 B. PUBLIC HEARINGS: 1. Request of the Roanoke Valley SPCA to permanently vacate, discontinue and close a 10-foot alley between Baldwin Avenue and Light Street, N. E. William M. Watson, Executive Director, Spokesperson. Adopted Ordinance No. 39008-111510 (7-0). 2. Request of the City of Roanoke to permanently vacate, discontinue, and close 0.1070 acres of right-of-way on the western side of Aviation Drive, N. W., across the existing entrance to the Roanoke Regional Airport. Christopher P. Morrill, City Manager. Adopted Ordinance No. 39009-111510 (7-0). 3. Proposal of the City of Roanoke to grant an easement across City-owned property located at 3527 Aerial Way Drive, to Verizon Virginia Inc., in order to relocate a communication system to perform benchcuts needed in connection with the Roanoke River Flood Reduction Project. Christopher P. Morrill, City Manager. Matter was tabled. Matter taken from the table following B.4. Adopted Ordinance No. 39010-111510 (7-0). 4. Request of Frederick W. Thomas, Jr., that property located at the intersection of Keagy Road and Crestmoor Drive, S. W., be rezoned from R-12, Residential Single Family District, to MX, Mixed Use District, subject to certain proffered conditions. Sean Horne, Balzer and Associates, Spokesperson. Adopted Ordinance No. 39011-111510 (7-0). c. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. . D. ADJOURN - 8:37 P.M. 7 '\ CITY COUNCIL REPORT To: Date: Subject: Honorable Mayor and Members of City Council December 3,2010 Reduction in On-Site Off-Duty Police Requirements at Teen Clu bs Background: Mr. Stark Jones appeared before City Council on Monday, November 15, 2010, and requested the City Council consider an amendment to City Code Section 21-1 94 (4), specifically reducing the nu mber of off-duty police officers from the currently required two (2) to one (1) to be on site during operation of a teen club on a property which also contains an Alcoholic Beverage Control (ABC) license. This matter was referred by the Council to the City Manager's office for review and response. This response was developed in conjunction with a Police Department review and analysis of reported activities and calls for service on the site of the teen club (associated with JB's Lounge at 2328 Melrose Avenue, N.W.) and in the immediate area of the location. Considerations: The Police Department reviewed calls for service to-date for calendar year 2010 within a Y4 mile radius of the 2328 Melrose Avenue, N.W. location. Based on the experienced frequency of certain crimes reported city-wide, and the comparative concentration of such crimes, the department noted that the area within a Y4 mile radius of this location experienced reports of aggravated assault and robbery at a rate of approximately 650% higher than that of the city overall. This area has also experienced incidents of Part One property crimes (134%) and other reported offences (212%) at rates significantly higher than the city overall. Approximately 200% more criminal activity is concentrated in this Y4 mile radius than what is found at the city-wide level. Over a three year period, when analysis was undertaken on other incidents such as drug and weapon offences, simple assaults, and disorderly conduct offences, this area's concentration was significantly higher than wou Id be expected of an area of this size based on data collected at a city-wide level. The ,area within a Y4 mile radius of 2328 Melrose Avenue, N.W. has generated calls for service at a rate 161 % greater than would be appropriate or expected from an area of its size, based on city-wide data. There were 152 calls for service to-date from within a radius of 500 feet surrounding the address. Of that amount, 98 calls for service were generated from the site itself. Calls for service at this location include drug and weapon offences, either directly or indirectly associated with JB's Lounge. This location is established as a primary provider of both adu It and juvenile social activities in the Melrose Avenue vicinity. J8's Lounge is a point of social interest for a wide range of individuals, many of whom mayor may not choose to comply with the norms of social order. With consideration to the level of criminal activity currently and historically known to take place in the area of JB's Lounge along' with the fact that the City of Roanoke is dedicated to the protection of juveniles against undesirable and illegal behavior involving alcohol, illegal drugs, at the like, the Police Department does not recommend the reduction of the number of off-duty officers required on the premises when the site is operating as a teen club. . The Police Department estimated that the cost of providing two off-duty officers for 4 hours each (which is the timeframe under which the teen club is permitted to operate (8pm-12midnight) is approximately $260.00 per evening. In the case of this location, the teen' club has been historically operating one night a week. It does not appear that this additional cost is or would be an undue burden on Mr. Jones to ensure the appropriate operation of such a facility for teens. The Police Department's assessment of this request strongly reflects that the provisions outlined in Section 21-194 (4) are in keeping with the best interest of public safety and police personnel. To minimize the established number of on- site off-duty officers provided by the club operator during teen club operation would further require enhancement of on-duty police resources at the City's expense at this location, and lessen the ability to appropriately deploy such resources as needed elsewhere in the city. Recommended Action: Based on the site specific information provided by the Police Department, and given the original intent of the City Council to require additional security at a location where a teen club was co-located on a site with an ABC establishment for the protection of teens at that location, a change to Section 21-194 (4) would not be prudent and not in the best interest of the health, safety, and welfare of Roanoke's citizens. CHRISTOPHER,P. MORRILL City Manager 2 ...."- . , .'\ ) Distribution: Council Appointed Officers Brian Townsend, Assistant City Manager Christopher Perkins, Police Chief Mr. Stark Jones 3 CITY COUNCIL AGENDA REPORT To: Meeting: Su bject: / Honorable Mayor and Members of City Council November 1 S, 2010 Request Public Hearing to Renew Lease for The Orvis Company, Inc., a Vermont Corporation Background: The Orvis Company, Inc., currently leases approximately 3,000 square feet of retail space from the City of Roanoke. This retail space is located on Campbell Avenue, SE, commonly known as the Ce'lter in The Square Parking Garage. The Orvis Company, Inc., has leased this space since 1986, most recently on a month to month basis. Orvis has expressed an interest to enter into a five-year lease agreement with the City, commencing January 1,2011, at a monthly sum of $926.56, plus one and one-quarter percent (1.25%) of the gross revenue from sales generated from the leased premises each year. The fixed monthly rental payment will be adjusted each year for an increase of three percent (3%). Recommended Action: Authorize the scheduling and advertising of this matter for a public hearing on December 6, 2010, at 2:00 pm. ---~iSTOPHERP~-MORRILL-- City Manager Distribution: Council Appointed Officers R. Brian Townsend, Asst. City Manager for Community Development Robert B. Ledger, Economic Development Manager Cassandra L. Turner, Economic Development Specialist Deborah J. Moses, Parking Coordinator Joshua L. Mabrey, Tax Compliance Supervisor ~. ROANOKE ELECTORAL BOARD 215 Church Avenue, SW, Room 109 Roanoke, Virginia 24011 PO Box 1095 Roanoke, Virginia 24005 540.853.2281 fax: 540.853.1025 CARL T. TINSLEY, SR. Chairman MElVIN E. WILLIAMS Vice Chairman F. GORDON HANCOCK Secretary November 8, 2010 Ms. Stephanie Moon Municipal City Clerk Room 454, Municipal Building Roanoke, VA 24011 Dear Ms. Moon: Pursuant to Section 24.2 - 675 of the Virginia Election Laws, attached is a certified copy of the abstract of votes cast in the General and Special Elections held in the City of Roanoke on November 2,2010. Yours Truly, ~.~c~ F. Gordon Hancock, Secretary Roanoke City Electoral Board FGH /lIg Attachment ABSTRACT OF VOTES cast in the City/~~ of ROANOKE at the November 2,2010 General Election, for: , Virginia, MEMBER HOUSE OF REPRESENTATIVES 6th District NAMES OF CANDIDA TES AS PRINTED ON BALLOT Robert W. "Bob" Goodlatte - R ......................................................................... Stuart M. Bain - L ......................................................................... Jeffrey W. Vanke - I ......................................................................... Total Write-In Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] [Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes] .............................................. Total Number of Overvotes for Office ................................................................... TOTAL VOTES RECEIVED (IN FIGURES) 12.152 2.521 3.333 589 o We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held onNovember 2, 2010, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for Member of the House of Representatives in the Congress of the United States. Given under our hands this 5th day of November, 2010. .',..,:.~~irtf.~~~;;;':," y' '. ,...,' l'f \(/"':'::;j.IE I "I<\' {\. : H..I' (.. ') : \. (' \ \..j/ , ~ ~~/,. ,--- . . c\ I/- o '. 'r': '........., _ (. ",:'"' " 1/ /\ 'II> - '"'' ' r/J' f. r \, .,' r;;. . ~"""',,"......"~~,., 4'" ."., ~~... :Jc .A ~ ...-R, ~1Z ~~)1, ~.-b , Secretary , Chairman , Vice Chairman Secretary, Electoral Board ABSTRACT OF VOTES cast in the ~/City of ROANOKE at the November 2, 2010 Special Election, for: , Virginia', PROPOSED CONSTITUTIONAL AMENDMENTS QUESTION 1: Shall Section 6 of Article X of the Constitution of Virginia be amended to authorize legislation that will permit localities to establish their own income or financial worth limitations for purposes of granting property tax relief for homeowners not less than 65 years of age or permanently and totally disabled? TOTAL VOTES RECEIVED (IN FIGURES) YES 13,578 NO 5,041 Total Number Of Overvotes For Question. . . . . . . . . . . . . 0 QUESTION 2: Shall the Constitution be amended to require the General Assembly to provide a real property tax exemption for the principal residence of a veteran, or his or her surviving spouse, if the veteran has a 100 percent service-connected, permanent, and total disability? TOTAL VOTES RECEIVED (IN AGURES) YES 15,186 NO 4,007 Total Number Of Overvotes For Question. . . . . . . . . . . . . . . . 0 CONTINUED ON PAGE 2. PROPOSED CONSTITUTIONAL AMENDMENTS ms~City of ROANOKE Special Election November 2, 2010 Page 2 of2 QUESTION 3: Shall Section 8 of Article X'ofthe Constitution of Virginia be amended to increase the permissible size of the Revenue Stabilization Fund (also known as the "rainy day fund") from 10 percent to 15 percent of the Commonwealth's average annual tax revenues derived from income and retail sales taxes for the preceding three fiscal years? TOTAL VOTES RECEIVED (IN FIGURES) YES 10.228 NO 8.617 Total Number Of Overvotes For Question. . . . . . . . . . . . . We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court 6f the election held on November 2, 2010, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for and against the proposed constitutional amendments. Given under our hands this 5th day of November, 2010. A copy teste: , Vice Chairman ~~ A, ~~ ,Secretary ~~ ~,~.A Secretary, Electoral Board COMPLETE THIS FORM ONLY IF (i) TOTAL NUMBER OF WRITE-INS IS 5% OR MORE OF THE TOTAL NUMBER OF VOTES CAST FOR OFFICE OR (ii) A WRITE-IN CANDIDATE WAS ELECTED TO THE OFFICE. WRITE-INS CERTIFICA TION !XI General o Special Election o COUNTY ~CITY o TOWN MEMBER HOUSE OF REPRESENTATIVES OFFICE TITLE NOVEMBER 2, ELECTION DATE ,2010 6TH CONGRESSIONAL DISTRICT NAME OR NUMBER, IF APPLICABLE Page 1 of TOTAL YOTES RECEIVED (IN FIGURES) WRITE-INS - SUMMARY 1. Invalid Write-Ins 51 ENTER TOTAL INVALID 538 ENTER TOTAL VALID 2. Valid Write-Ins 3. Total Write-Ins [ENTER THIS FIGURE ON L1NE'FOR'TOTALWRiTE:iN"voTeSON'ABSTRAC'':'FOR"TH.IS.C)FFiCi:.r...." 589 . ADD LINES 1 AND 2 VALID WRITE-INS - DETAIL LIST VALID WRITE-INS IN ALPHABETICAL ORDER BELOW AND ON CONTINUATION PAGES, AS NEEDED. ALL VALID WRITE-INS WHEN ADDED TOGETHER MUST EQUAL TOTAL ENTERED ON LINE 2 ABOVE. TOTAL YOTES RECEIVED (IN FIGURES) CONTINUED ON PAGES THROUGH We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 2, , 2010, do hereby certify that, with the continuation pages indicated, the above is a true and correct certification of the write-in votes cast at said election for the office indicated above. Given under our hands this 5th day of November , 2010. A copy teste.' I Chairman , Vice Chairman -ci-L+- ~. ~ I Secretary ./ . +~ ...~. ~ Secretary, Electoral Board a 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 CECELlA T. WEBB Assistant Deputy City Clerk November 17, 2010 Deborah Charles, Secretary Roanoke Valley Resource Authority 1020 Hollins Road, N. E. Roanoke, Virginia 24012 Dear Ms. Charles: This is to advise you that Robert K. Bengtson has qualified as City representative of the Roanoke Valley Resource Authority for a four year term of office ending December 31, 2014. Sincerely, ~~ ('r).~~ Stephanie M. Moon, CMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Robert K. Bengtson, 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 City representative of the Roanoke Valley Resource Authority for a four-year term of office ending December 31, 2014, according to the best of my ability (So help me God). ~{(~ Subscribed and swom to before me this.:l~ay of ~2011. K OF THE CIRCUIT COURT ~ BY 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: cIerk@roanokeva.gov City Clerk JONATHAN E. CRAFT Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk November 17, 2010 Tim Steller, Executive Director Blue Ridge Behavioral Healthcare 301 Elm Avenue, S. W. Roanoke, Virginia 24016-4001 Dear Mr. Steller: This is to advise you that Vincent G. Dabney has qualified as a City representative to the Blue Ridge Behavioral Healthcare Board of Directors for a term commencing January 1, 2011 and ending December 31,2013. Sincerely, ~m.~ Stephanie M. Moon, CMC City Clerk j Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Vincent G. Dabney, 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 City representative to the Blue Ridge Behavioral Healthcare, Board of Directors, for a term ending \ December 31, 2013, according to the best of my ability (So help me God). Subscribed andsworn to before me this ~aY of ~ 2010. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT BY BRErmA S. HAMILTON, CLERK OF CIRCUIT COURT CLERK -60: ~;;~~ ~ . \ 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 November 17, 2010 Martha P. Franklin, Secretary Local Board, of Building Code Appeals Roanoke, Virginia Dear Ms. Franklin: This is to advise you that William C. Holland has qualified as a member of the Local Board of Building Code Appeals for a term of office ending September 30,2015. ) Sincerely, ~Oo>.~ Stephanie M. Moon, CMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: , I, William C. Holland, 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 Local Board of Building Code Appeals for a term of office ending September 30, 2015, according to the best of my ability (So help me God). ;?/~ C! ~ , Subscribedand sworn to before me thiS~aY of JJ.L 201 O. BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT B~RENDA S. HAMILTON, CLERK OF CIRCUIT COURT :~' . P:\I IN THE.COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of November, 2010. No. 39003-111510. - A RESOLUTION authorizing the acceptance of a U.S. Environmental Protection Agency (EP A) Brownfield Assessment Grant (hazardous substances) to fund environmental investigations of brownfield properties within the City of Roanoke that are suspected of being contaminated by hazardous substances; approving and ratifying the execution of a Cooperative Agreement between the City and the EP A and authorizing the City Manager to implement, administer, and enforce such Agreement; and authorizing the City Manager to execute any necessary additional documents, to provide additional information, and to take ariy necessary actions to receive, implement, and administer such Assessment Grant, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the EP A Brownfield Assessment Grant (hazardous substances) from the EP A in the amount of$200,000 to provide funds for environmental investigations of brownfield properties within the City of Roanoke that are suspected of being contaminated by hazardous substances, all as more particularly set forth in the City Manager's report dated November 15, 2010, to this Council. 2. The Cooperative Agreement dated September 10, 2010, between the City and the EP A, which has been executed, is hereby approved and ratified. 3. The City Manager is authorized to execute such other documents, approved as to form by the City Attorney, and take such further actions as may be necessary to implement, administer, and enforce the above mentioned Cooperative Agreement. R-EP A Brownfield assessment grant-20 1 O.doc 1 4. The City Manager is further authorized to execute any necessary additional documents, approved as to form by the City Attorney, provide any additional information, and to take any necessary actions in order to obtain, accept, receive, implement, use, and administer such. Assessment Grant, including establishing guidelines for the use of such Grant funds. ATTEST: ~~'~w R-EPA Brownfield assessment grant-201O.doc 2 \)1/ \\ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of November, 2010. No. 39004-111510. AN ORDINANCE to appropriate funding from the Federal Government for the E,nvironmental Protection Agency Brownfield Assessment Hazardous Substance Grant, amending and reordaining certain sections. of the 2010-2011 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 2010-2011 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Professional Services Travel and Training Program Supplies Revenues Brownfield Assessment-Hazardous Subs~ance 35-615-8099-2010 35-615-8099-2044 35-615-8099-2066 35-615-8099-8099 $ 192,000 5,000 3,000. 200,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. AT~Th -' A~)rr. mOkJ City Clerk. l CITY COUNCIL AGENDA REPORT To: Meeting: Subject: <Honorable Mayor and Members of City Council November 15,2010 EPA Brownfield Assessment Grant (Hazardous Substances) Acce ptance Background: The U.S. Environmental Protection Agency (EPA) has awarded the City of Roanoke a grant in the amount of $200,000 to fund environmental investigations of brownfield properties within the City of Roanoke that are suspected of being contaminated by hazardous substances. No matching funds are required from the City. Funds from the assessment grant will be used to perform environmental assessments. and redevelopment planning to support reuse of properties in accordance with the City-wide Brownfield Redevelopment Plan adopted as a component of the City's comprehensive plan, Vision 2001-2020. The grant award requires the City to execute a cooperative agreement between the EPA and the City. Such cooperative agreement has been executed by the City. Considerations: City Council action is needed to accept and appropriate this grant to fund such uses as established in the attached cooperative agreement between the EPA and the City. City Council action is also needed tp approve and ratify the execution of the cooperative agreement. Recommended Action: Accept the grant as described above, and approve and ratify the execution of the cooperative agreement referred to above. Also, authorize the City Manager to implement, administer, and enforce such agreement. . Further authorjze the City Manager to execute any necessary additional documents, approved as to form by the City Attorney, provide any additional information, and take any necessary actions in order to obtain, accept, receive, implement, use, and administer the grant. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of 200,000 (EPA Hazardous Substance Grant) and to appropriate funding t s to accounts to be established in the Grant Fund by the Director of Fina~____c_____________ OPHER P. MORRILL City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Robert B. Ledger, Economic Development Manager J. Frederick Gusler, Senior City Planner Amelia C. Merchant, Budget Administrator 2 BF - 97398001 - 0 Page 1 ASSISTANCE ID NO. ~'\-a.O ST41'~ U.S. ENVIRONMENTAL PRG I DOCID IAMEND# DATE OF AWARD ~ it 09/10/2010 t ft \ PROTECTION AGENCY BF - 97398001 - 0 \~~ TYPE OF ACTION MAILING DATE New 09/17/2010 "1(. PR01.~"'/ Cooperative Agreement PAYMENT METHOD: ACH# ASAP 33746 RECIPIENT TYPE: Send Payment Request to: Municipal N/A RECIPIENT: PAYEE: City of Roanoke City of Roanoke Noel C. Taylor Municipal Bldg, 215 Church Ave SW, Rm 166 Noel C. Taylor Municipal Bldg, 215 Church Ave SW, Rm 166 Roanoke, VA 24011 Roanoke, VA 24011 EIN: 54-6001569 PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST John F. Gusler Felicia Fred Tanya Thomas Noel C. Taylor Municipal Bldg, 215 Church Ave 1650 Arch Street, 3HS51 Grants and Audit Management Branch, 3PM70 SW, Rm 166 Philadelphia, PA 19103-2029 c-Mai1: Thomas.Tanya@epa.gov Roanoke, VA 24011 E-Mail: Fred.Felicia@epa.gov Phone: 215-814-5408 E-Mai1: frederick.gusler@roanokeva.gov Phone: 215-814-5524 Phone: 540-853-1104 PROJECT TITLE AND DESCRIPTION BROWNFIELD ASSESSMENT This award provides funding to the City of Roanoke to conduct community-wide assessments, inveniory, characterize, planning and outreach at brownfield sites potentially contaminated with hazardous substances in the City of Roanoke, Virginia area. BUDGET PERIOD I PROJECT PERIOD TOTAL BUDGET PERIOD COST r TqTAL PROJECT PERIOD COST 10/01/2010 - 09/30/2013 10/01/2010 - 09/30/2013 $200,000.00 $200,000.00 NOTICE OF AWARD Based on your application dated 08/05/2010. including all modifications and amendments, the United States acting by and through the US Environmental Protection Agency (EPA), hereby awards $200,000. EPA agrees to cost-share 1QQJlQ% of all approved budget period costs incurred, up to and not exceeding total federal funding of $200,000. Such award may be terminated by EPA without further cause if the recipient fails to provide timely affirmation of the award by signing under the Affirmation .of Award section and returning all pages of this agreement to the Grants Management Office listed below within 21 days after receipt, or any extension of time, as may be granted by EPA. This agreement is subject to applicable EPA statutory provisions. The applicable regulatory provisions are 40 CFR Chapter 1, Subchapter B, and all terms and conditions of this agreement and any attachments. ISSUING OFFICE (GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE ORGANIZATION / ADDRESS ORGANIZATION / ADDRESS US EPA Region 3. 3PM70 U.S. EPA, Region 3 1650 Arch Street Hazardous Site Cleanup Division .3HSOO Philadelphia, PA 19103-2029 1650 Arch Street Philadelphia, PA 19103-2029 THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY SIGNATURE OF AWARD OFFICIAL I TYPED NAME AND TITLE DATE Digital signature applied by EPA Award Official. James W Newsom, Assistant Regional Administrator for Policy and 09/10/2010 Management AFFIRMA TION OF AWARD. I ~/II BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION SIGNA"(RE t) d.A I TYPED NAME AND TITLE Morrill, fflff/1O Christopher P. City Manager --- EPA Funding Information SF - 97398001 - 0 Page 2 FUNDS FORMER AWARD THIS ACTION , AMENDED TOTAL EPA Amount This Action $ $ 200,000 $ 200,000 EPA In-Kind Amount $ $ $ 0 Unexpended Prior Year Balance $ $ $0 Other Federal Funds $ $ $0 Recipient Contribution $ $ $0 State Contribution $ $ $0 Local Contribution $ $ $0 Other Contribution $ $ $0 . Allowable Project Cost $0 $ 200,000 $ 200,000 Assistance Program (CFDA) Statutory Authority Regulatory Authority 66.818 - Brownfields Assessment and Cleanup CERCLA: Sec. 101(39) 40 CFR PART 31 Cooperative Agreements CERCLA: Sec. 104(k)(2) Fiscal Site Name Req No FY Approp. Budget PRC Object Site/Project Cost Obligation / Code Organization Class Organization Deobllgatlon ROANOKE 1003BF0038 10 E< 0300AGi 402D79E 411< G300NYO( 200,Oac 200,00( BF - 97398001 - 0 Page 3 Budget Summary Paoe Table A - Object Class Category . Total Approved Allowable (Non-construction) Budget Period Cost 1. Personnel $0 2. Fringe Benefits $0 3. Travel $5,000 4. Equipment $0 5. Supplies $3,000 6. Contractual $0 7. Construction $192,000 8. Other $0 9. Total Direct Charges $200,000 10. Indirect Costs: % Base $0 11. Total (Share: Recipient 0.00 % Federal 100.00 %.) $200,000 12. Total Approved Assistance Amount $200,000 13. Program Income $0 14. Total EPA Amount Awarded This Action $200,000 15. Total EPA Amount Awarded To Date $200,000 SF - 97398001 - 0 Page 4 Administrative .Conditions 1. Payment The recipient agrees to the following conditions in accepting this assistance agreement: a: Cash drawdown will be made only as actually needed for its disbursement; b. For drawdowns under this grant, recipients receiving payments under the Automated Standard Application for Payments (ASAP) process will draw funds from the appropriate codes from the list below on the account detail screen. Recipients under the Electronic Fund Transfer (EFT) process will indicate on the Payment Request Form EPA-190-F~04-001, the appropriate codes from the list below for drawdowns: G300NYOO - Brownfield Assessment Failure on the part of the recipient to comply with the above conditions may cause the undisbursed portions of the assistance agreement to be revoked and financing method changed to a reimbursable basis. 2. Hotel-Motel Fire Safety Pursuant to 40 CFR 30.18, if applicable, and 15 USC 2225a, the recipient agrees to ensure that all space for conferences, meetings, conventions, or training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act (PL 101-391, as amended). Recipients may search the Hotel-Motel National Master List at http://wIrN.usfa.dhs.gov/applications/hotell to see if a property is in compliance (FEMA 10 is currently not required), or to find other information about the Act. 3. Procurement - Recycling Any State agency or agency of a political subdivision of a State which is using appropriated Federal funds shall comply with the requirements set forth in Section 6002 ofthe Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 6962). Regulations issued under RCRA Section 6002 apply to any acquisition of an item where the purchase price exceeds $10,000 or where the quantity of such items acquired in the course of the preceding fiscal year was $10,000 or more. RCRA Section 6002 requires that preference be given in procurement programs to the purchase of specific products containing recycled materials identified in guidelines developed by EPA. These guidelines are listed in40 CFR 247. 4. Suspension & Debarment The recipient shall fully comply with Subpart C of 2. CFR Part 180 and 2 CFR part 1532, entitled "Responsibilities of Participants Regarding Transactions (Doing Business with Other Persons)." The recipient is responsible for ensuring that any lower tier covered transaction, as described in Subpart B of 2 CFR Part 180 and 2 CFR Part 1532, entitled "Covered Transactions," includes a term or condition requiring compliance with Subpart C. The recipient is responsible for further requiring the inclusion of a similar term or condition in any subsequent lower tier covered transactions. The recipient acknowledges that failing to disclose the information as required at 2 CFR 180.335 may result in the delay or negation,of . this assistance agreement, or pursuance of legal remedies, including suspension and debarment. The recipient may access the Excluded Parties List System at http://epls.arnet.Qov.This term and condition supersedes EPA Form 5700-49, "Certification Regarding Debarment, Suspension, and Other Responsibility Matters." 5. Lobbying The recipient agrees to comply with Title 40 CFR Part 34, New Restrictions on Lobbying. The recipient shall include the language of this provision in award documents for all subawards exceeding $100,000, and require that subrecipients submit certification and disclosure forms accordingly. In accordance with the Byrd Anti-Lobbying Amendment, any recipient who makes a prohibited expenditure under Title 40 CFR Part 34 or fails to file the required certification or lobbying forms shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure. 6. Lobbying & Litigation The chief executive officer of this recipient agency shall ensure that no grant funds awarded under this assistance agreement are used to engage in lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. The recipient shall abide by its respective OMB Circular (A-21 , A-87, or A-122), which prohibits the use of federal grant funds for litigatiofl against the United States or for lobbying or other political activities. 7. Recycling In accordance with the policies set forth in EPA Order 1000.25 and Executive Order 13423, Strengthening Federal Environmental, Energy and Transportation Management (January 24, 2007), the recipient agrees to use recycled paper and double sided printing for all reports which are prepared as a part of this agre~ment and delivered to EPA. This requirement does not apply to reports prepared on forms supplied by EPA, or to Standard Forms, which are printed on recycled paper and are available through the General Services Administration. 8. Single Audit In accordance with OMS Circular A-133, which implements the Single Audit Act, the recipient hereby agrees to obtain a single audit from an independent auditor if it expends $500,000 or more in total Federal funds in any fiscal year. Within nine months after the end of a recipient's fiscal year or 30 days after receiving the report from the auditor, the recipient shall submit a copy of the SF-SAC and a Single' Audit Report Package. For fiscal periods ending in 2002 to 2007 recipients are to submit In hardcopy to the following address: Federal Audit Clearinghouse 1201 East 10th Street Jeffersonville, IN 47132 For fiscal periods ending in 2008 and beyond the recipient MUST submit the SF-SAC and Single Audit Report Package, using the Federal Audit Clearinghouse's Internet Data Entry System. For complete information on how to accomplish the 2008 and beyond single audit submissions, you will need to visit the Federal Audit Clearinghouse website: http://harvester.censUS.Qov/fac/ 9. Drug-Free Workplace Certification The recipient organization of this EPA assistance agreement must make an ongoing, good faith effort to maintain a drug-free workplace pursuant to the specific requirements set forth in Title 40 CFR 36.200 - 36.230. Additionally, in accordance with these regulations, the recipient organization must identify all known workplaces under its federal awards, and keep this information on file during the performance of the award. Those recipients who are individuals must comply with the drug-free provisions set forth in Title 40 CFR. 36.300. The consequences for violating this condition are detailed under Title 40 CFR 36.510. Recipients can access the Code of Federal Regulations iCFR} Title 40 Part 36 at htto://www.access.goo.aov/nara/cfr/waisidx 06/40cfr36 06.html. 10. Subawards The recipient agrees to: a. Establish all subaward agreements.in writing; b. Maintain primary responsibility for ensuring successful completion of the EPA-approved project (this responsibility cannot be delegated or transferred to a subrecipient); c. Ensure that any subawards comply with the standards in Section 21 O(a)-(d} of OMS CirciJlar A-133 and are not used to acquire commercial goods or services for the recipient; d. Ensure that any subawards are awarded to eligible subrecipients and that proposed subaward costs are necessary, reasonable, and allocable; e. Ensure that any subawards to 501 (c)(4) organizations do not involve lobbying activities; f. Monitor the performance of their recipients and ensure that they comply with all applicable regulations, statutes, and terms and conditions which flow down in the subaward; g. Obtain EPA's consent before making a subaward to a foreign or international organization, or a subaward to be performed in a foreign country; and h. Obtain approval from EPA for any new subaward work that is not outlined in the approved work plan in with 40 CFR Parts 30.25 and 31.30, as applicable. Any questions about subrecipient eligibility or other issues pertaining to subawards should be addressed to the recipients' EPA Project Officer. Additional information regarding subawards may be found at http://www.epa.aov/oad/auide/subaward-policv-part-2.pdf . Guidance for distinguishing between vendor and subrecipient relationships and ensuring compliance with Section 210(a)-(d) of OMS Circular A-133 can be found at http://Www.epa.aov/oad/auide/subaward s-append ix-b. pdf and http://www.whitehouse.aov/omb/circulars/a133/a133.html. The recipient is responsible for selecting its subrecipients and, if applicable, for conducting subaward competitions. 11. Management Fees The recipient agrees' that management fees or similar charges in excess of the direct costs and approved indirect rates are not allowable. The term "management fees or similar charges" refers to expenses added to the direct costs in order to accumulate and reserve funds for ongoing business expenses, unforeseen liabilities, or for other similar costs which are not allowable under this assistance agreement. Management fees or similar charges may not be used to improve or expand the project funded under this agreement, except to the extent authorized as a direct cost of carrying out the scope of work. 12. Reimbursement Limitation EPA's financial obligations to the recipient are limited by the amount of federal funding awarded to date as shown on line 15 in its EP A approved budget. If the recipient incurs costs in anticipation of receiving additional funds from EPA, it does so at its own risk. 13. Trafficking Victim Protection Act To implement requirements of Section 106 of the Trafficking Victims Protection Act of 2000, as amended, the following provisions apply to this award: a. We, as the Federal awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity: (1) is determined to have violated an applicable prohibition in the Prohibition Statement below; or (2) has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in the Prohibition Statement below through conduct that is either: (a) associated with performance under this award; or (b) imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMS Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),"as implemented by our agency at 2 CFR part 1532. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in the Prohibition Statement below. b. Our right to terminate unilaterally that is described in paragraph a of this award term: (1) implements section 106(g) of the Trafficking Victims Protection Act of 2000 (lVPA), as amended (22 U.S.C. 7104(g)), and (2) is in addition to all other remedies for noncompliance that are available to us under this 'award, c. You must include the requirements of the Prohibition Statement below in any subaward you make to a private entity. Prohibition Statement - You as the recipient, your employees, subrecipients under this award, and subrecipients' employees may not engage in severe forms of trafficking in persons during the period of time that the award is in effect; procure a commercial sex act during the period of time that the award is in effect; or use forced labor in the performance of the award or subawards under the award. 14. Federal Financial Report Pursuant to 40 CFR 31.41 (b) and 31.50(b), the recipient agrees to submit to EPA a Federal Financial Report (FFR) (SF-425) as follows: a. Annual interim FFRs are required when the budget period is longer than one year and are due no .later than 90 days following the end of the quarter of the anniversary of the budget period start date. The following reporting period end dates shall be used for interim reports: 3/31,6/30, 9/30, or 12/31. b. Final FFRs are due no later than 90 days after the end of the grant budget period. The form is available on the internet at htto:/Iwww.eoa.aov/ocfo/finservices/forms.htm. All FFRs must be submitted to U.S. EPA - Las Vegas Finance Center (LVFC), P.O. Box 98515, Las Vegas, NV 89193-8515 2r faxed to 702-798-2423. The LVFC will make adjustments, as necessary, to obligated funds after reviewing and accepting a final FFR. Recipients will be notified and instructed by EPA if they must complete any additional forms for the closeout of the assistance agreement EPA may take enforcement actions in accordance with 40 CFR 31.43, if the recipient does not comply with this term and condition. 15. Disadvantaged Business Enterprise GENERAL COMPLIANCE, 40 CFR, Part 33 The recipient agrees to comply with the requirements of EPA's Program for Utilization of Small, Minority and Women's Business Enterprises (MBE/WBE) in procurement under assistance agreements, contained in 40 CFR, Part 33. FAIR SHARE OBJECTIVES, 40 CFR, Part 33, Subpart D A recipient must negotiate with the appropriate EPA award official, or his/her designee, fair share objectives for MBE and WBE participation in procurement under the financial assistance agreements. Accepting the Fair Share Objectives/Goals of Another Recipient The dollar amount of this assistance agreement is $250,000, or more; or the total dollar amount of all of the recipient's non-TAG assistance agreements from EP A in the current fiscal year is $250,000, or more. The recipient accepts the applicable MBEIWBE fair share objectives/goals negotiated with EPA by the Virginia Department of Environmental Quality as follows: MBE%: CONSTRUCTION 4.1; EQUIPMENT 0.6; SERVICES 2.6; SUPPLIES 0.8 WBE%: CONSTRUCTION 2.5; EQUIPMENT 1.2; SERVICES 1.6; SUPPLIES 1.3 By signing this financial assistance agreement, the recipient is accepting the fair share objectives/goals stated above and attests to the fact that it is purchasing the same or similar construction, supplies, services and equipment, in the same or similar relevant geographic buying market as the Virginia Department of Environmental Quality. Negotiating Fair Share Objectives/Goals, 40 CFR, Section 33.404 The recipient has the option to negotiate its own MBEIWBE fair share objectives/goals. If the recipient wishes to negotiate its own MBEIWBE fair share objectives/goals, the recipient agrees to submit proposed MBElWBE objectives/goals based on an availability analysis, or disparity study, of qualified MBEs and WBEs in their relevant geographic buying market for construction, equipment, services and supplies. The submission of proposed fair share goals with the supporting analysis or disparity study means that the recipient is not accepting the fair share objectives/goals of another recipient. The recipient agrees to submit proposed fair share objectives/goals, together with the supporting . availability analysis or disparity study, to the Regional MBEIWBE Coordinator within 120 days of its acceptance of the financial assistance award. EPA will respond to the proposed fair share objective/goals within 30 days of receiving the submission. If proposed fair share obiective/ooals are not received within the 120 day time frame: the recipient may not expend its EP A funds for procurements until the proposed fair share obiective/ooals are submitted. SIX GOOD FAITH EFFORTS, 40 CFR, Part 33, Subpart C Pursuant to 40 CFR, Section 33.301, the recipient agrees to make the following good faith efforts whenever procuring construction, equipment, services and supplies under an EPA financial assistance agreement, and to ensure that sub-recipients, loan recipients, and prime contractors also comply. Records documenting compliance with the six good faith efforts shall be retained: (a) Ensure Disadvantage Business Enterprises (DBEs) are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local Government recipients, this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources. (b) Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process. This includes, whenever possible, posting solicitations for bi.ds or proposals for a minimum of 30 calendar days before the bid or proposal closing date. (c) Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. For Indian Tribal, State and Local Government recipients, this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. (d) Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually. (e) Use the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce in finding DBEs. (f) If the prime contractor awards subcontracts, require the prime contractor to take the steps in paragraphs (a) through (e) of this section. MBEIWBE REPORTING, 40 CFR, Part 33, Sections 33.502 and 33.503 The recipient agrees to complete and submit EPA Form 5700-52A, "MBElWBE Utilization Under Federal Grants, Cooperative Agreements and Interagency Agreements" beginning with the Federal fiscal year reporting period the recipient receives the award, and continuing ul)til the project is completed. Only procurements with certified MBEIWBEs are counted toward a recipient's MBEIWBE accomplishments. The reports must be submitted semiannually for the periods ending March 31" and September 30'h for: Recipients of financial assistance agreements that capitalize revolving loan programs (CWSRF, DWSRF, Brownfields); and All other recipients not identified as annual reporters (40 CFR Part 30 and 40 CFR Part 35, Subpart A and Subpart B recipients are annual reporters). The reports are due within 30 days of the end of the semiannual reporting periods (April 30 th and October 30'\ Reports should be sent to Kinshasa Brown-Perry, Acting Small Business Program Manager (3PMOO), U.S. EPA - Region III, 1650 Arch Street, Philadelphia, PA 19103-2029. Final MBEIWBE reports must be submitted within 90 days after the project period of the grant ends. Your grant cannot be officially closed without all MBElWBE reports. EPA Form 5700-52A may be obtained from the EPA Office of Small Business Program's Home Page on the Internet at www.epa.Qov/osbp . CONTRACT ADMINISTRATION PROVISIONS, 40 CFR, Section 33.302 The recipient agrees to comply with the contract administration provisions of 40 CFR, Section 33.302. BIDDERS LIST, 40 CFR, Section 33.501(b) and (c) Recipients of a Continuing Environmental Program Grant or other annual reporting grant, agree to create and maintain a bidders list Recipients of an EPA financial assistance agreement to capitalize a revolving loan fund also agree to require entities receiving identified loans to create and maintain a bidders list if the recipient of the loan is subject to, or chooses to follow, competitive bidding requirements. Please see 40 CFR, Section 33.501 (b) and (c) for specific requirements and exemptions. 16. Payment to Consultants EPA participation in the salary rate (excluding overhead) paid to indivi.dual consu.ltants' retained by recipients or by a recipient's contractors or subcontractors shall be limited to the maximum daily rate for a Level IV of the Executive Schedule (formerly GS-18), to be adjusted annually. This limit applies to consultation services of designated individuals with specialized skills who are paid at a daily or hourly rate. As of January 1, 2010, the limit is $596.00 per day and $74.50 per hour. This rate does not include transportation and subsistence costs for travel performed (the recipient will pay these in accordance with their normal travel reimbursement practices). Subagreements with firms for services which are awarded using the procurement requirements in 40 CFR 30 or 31, as applicable, are not affected by this limitation unless the terms of the contract provide the recipient with responsibility for the selection, direction, and control of the individuals who will be providing services under the contract at an hourly or daily rate of compensation. See 40 CFR 31.36U) or 30.27(b). 17. Funding Prohibition Congress has prohibited EPA from using its Fiscal Year 201 0 appropriations to provide funds to the Association of Community Organizations for Reform Now (ACORN) or any of its subsidiaries. None of the funds provided under this agreement may be used for subawardslsubgrants or contracts to ACORN or its subsidiaries. Recipients should direct any questions about this prohibition to their EPA Grants Management Office. 18. Intergovernmental Review The recipient agrees to ~omply with the provisions of 40 CFR Part 29 or Executive Order 12372 by submitting the proposed workplan to the regional planning districts impacted by this project or State Single Point of Contact, whichever applies, The recipient must allow 60 days for review and comment by the regional planning districts or State Single Point of Contact, and must consider all comments received. Copies of the comments should also be forwarded to the EPA Project Officer for review. Work may not proceed until either the 60 day comment period has expired (October 4, 2010) or all the comments have been received from the regional planning districts or State Single Point of Contact and any issues resolved. . Proarammatic Conditions Assessment (Brownfields) I. GENERAL FEDERAL REQUIREMENTS NOTE: For the purposes of these Terms and Conditions the term "assessment. includes, eligible activities under the Comprehensive Environmental Response. Compensation, and Liability Act (CERCLA) 104(k)(2)(A)(i) such as activities involving the inventory, characterization, assessment, and planning relating to brownfield sites as described in the EPA approved work plan. A. Federal Policy and Guidance 1.a. Cooperative Agreement Recioients: By awarding this cooperative agreement, EPA has approved the proposal for the Cooperative Agreement Recipient (CAR) submitted in the Fiscal Year 2010 competition for Brownfields assessment cooperative agreements. However, the CAR may not expend ("draw down") funds to carry out this agreement until EPA's award official approves the final work plan. b. In implementing this agreement, the CAR shall ensure that work done with cooperative agreement funds complies with the requirements of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) 104(k). The CAR shall also ensure that assessment activities supported with cooperative agreement funding comply with all applicable Federal and State laws and regulations. c. The recipient must comply with Federal cross-cutting requirements. These requirements include but are not limited to, MBElWBE requirements found at 40 CFR Part 33; OSHA Worker Health & Safety Standard 29 CFR 1910.120; the Uniform Relocation Act; National Historic Preservation Act; Endangered Species Act; and Permits required by Section 404 of the Clean Water Act; Executive Order 11246, Equal Employment Opportunity, and implementing regulations at 41 CFR 60-4; Contract Work Hours and Safety Standards Act, as amended (40 USC 327-333) the Anti Kickback Act (40 USC 276c) and Section 504 of the Rehabilitation Act of 1973 as implemented by Executive Orders 11914 and 11250. d. The CAR must comply with Davis-Bacon Act prevailing wage requirements and associated U.S. Department of Labor (DOL) regulations for all construction, alteration and repair contracts and . subcontracts awarded with funds provided under this agreement. Activities conducted under assessment grants generally do not involve construction, alteration and repair within the meaning of the Davis-Bacon Act. The recipient must contact EPA's Project Officer if there are unique circumstances (e.g. removal of an underground storage tank or another structure and restoration of the site) which indicate that the Davis-Bacon Act applies to an activity the CAR intends'to carry out with funds provided under this agreement. The Agency will provide guidance on Davis-Bacon Act compliance if necessary. B. Eligible Brownfields Site Determinations 1.a. The CAR must provide information to EPA about site-specific work prior to incurring any costs under this cooperative agreement for sites that have not already been pre-approved in the CAR's work plan by the EPA. The information that must be provided includes whether or noHhe site meets the definition of a brownfield site as defined in 9101 (39) of CERCLA, the identity of the owner, and the date of acquisition. b. If the site is excluded from the general definition of a brownfield, but is eligible for a property-specific funding determination, then the CAR must provide information sufficient for EPA to make a property-specific funding determination. The CAR must provide sufficient information on how financial assistance will protect human health and the environment, and either promote economic development or enable the creation of, preservation of, or addition to parks, greenways, undeveloped property, other recreational property, or other property used for nonprofit purposes. The CAR must not incur costs for assessing sites requiring a property-specific funding determination by EPA until the EPA Project Officer has advised the CAR that the Agency has determined that the property is eligible. 2.a. For any petroleum contaminated brownfield site that is not included in the CAR's EPA approved work plan, the CAR shall provide sufficient documentation to the EPA prior to incurring costs under this cooperative agreement which includes.(see the latest version of EPA's Proposal Guidelines for Brownfields Assessment Grants dated August 2009 for discussion of this element) documenting that: (1) a State has determined that the petroleum site is of relatively low risk, as compared to other petroleum-only sites in the State, (2) the State determines there is "no viable responsible party" for the site; (3) the State determines that the person assessing or investigating the site is a person who is not potentially liable for cleaning up the site; and (4) the site is not subject to any order issued under section 9003(h) of the Solid Waste Disposal Act. This documentation must be prepared by the CAR or the State following contact and discussion with the appropriate petroleum program official. b. Documentation must include (1) the identity of the State program official contacted, (2) the State official's telephon~ number, (3) the date of the contact, and (4) a summary of the discussion relating to the state's determination that the site is of relatively low risk, that there is no viable responsible party and that the person assessing or investigating the site is not potentially liable for cleaning up the site. Other documentation provided by a State to. the recipient relevant to any of the determinations by the State must also be provided to the EPA Project Officer. c. If the State chooses not to make the determinations described in 2.a. above, the CAR must contact the EPA Project Officer and provide the information necessary for EPA to make the requisite determinations. d. EPA must also make all determinations on the eligibility of petroleum contaminated brownfield sites located on Indian tribal lands. Prior to incurring costs for these sites, the.CAR must contact the EPA Project Officer and provide the information necessary for EPA to make the determinations described in 2.a.above. /I. GENERAL COOPERATIVE AGREEMENT ADMINISTRATIVE REQUIREMENTS A. Term of the Agreement 1. The term of this agreement is three years from the date of award, unless otherwise extended by EPA at . the CAR's request. 2. If after 18 months from the date of award, EPA determines that the CAR has not made sufficient progress in implementing its cooperative agreement, EPA may terminate this agreement. For purposes of assessment grants, the recipient demonstrates "sufficient progress" when 35% of funds have been drawn down and obligated to eligible activities; for assessment coalition grants "sufficient progress" is demonstrated when a solicitation for services has been released. sites are. prioritized or an inventory has been initiated if necessary, community involvement activities have been initiated and a Memorandum of Agreement is.in place within eighteen months. 3. Assessment funding for any eligible brownfield site may not exceed $200,000 unless a waiver has been granted by EPA. Following the granting of a waiver, funding is not to exceed $350,000 at the site. B. Substantial Involvement 1. The EPA may be substantially involved in overseeing and monitoring this cooperative agreement. a. Substantial involvement by EPA generally includes administrative activities such as monitoring, reviewing project phases, and approving substantive terms included in professional services contracts. b. Substantial EPA involvement also includes brownfields property-specific funding determinations described in I. B.. under Eligible Brownfields Site Determinations above. If the CAR awards a subgrant for site assessment, the CAR must obtain technical assistance from EPA on which sites qualify as a brownfield site and determine whether the statutory prohibition found ih section 104(k)(4)(B)(i)(IV) of CERCLA applies. This prohibition precludes the subgrantee from using EPA funds to assess a site for which the subgrantee is potentially liable under ~107 of CERCLA. (See Section II.C.3 for more information on subgrants.) c. Substantial EPAinvolvement may include reviewing financial and environmental status reports; and monitoring all reporting, record-keeping, and other program requirements. . d. EPA may waive any of the provisions in term and condition II.B.1., with the exception of property-specific funding determinations. EPA will provide waivers in writing: 2. Effect of EPA's substantial involvement includes: a. EPA's review of any project phase, document, or cost incurred under this cooperative agreement, will not have any ~ffect upon CERCLA ~128 Eligible Response Site determinations or rights, authorities, and actions under CERCLA or any Federal statute. b. The CAR remains responsible for ensuring that all assessments are protective of human health and the environment and comply with all applicable Federal and State laws. c. The CAR and its subgrantees remain responsible for incurring costs that are allowable under the applicable OMB Circulars. . C. Cooperative Agreement Recipient Roles and Responsibilities 1. The CAR must acquire the services of a qualified environmental professional(s) to coordinate, direct, and oversee the brownfields assessment activities at a particular site, if they do not have such a professional on staff. 2. The CAR is responsible for ensuring that contractors and subgrant recipients comply with the terms of their agreements with the CAR, and that agreements between the CAR and subgrant recipients and contractors comply with the terms and conditions of this agreement 3. Subgrants are defined at 40 CFR 31.3. The CAR may not subgrant to for-profit organizations. The CAR must obtain commercial services and products necessary to carry out this agreement under competitive procurement procedures as described in 40 CFR 31.36. In addition, EPA policy encourages awarding subgrants competitively and the CAR must consider awarding subgrants through competition. .4. The CAR is responsible for assuring that EPA's Brownfields Assessment Grant funding received under this grant, or in combination with any other previously awarded Brownfields Assessment grant does not exceed the $200,000 assessment grant funding limitation for an individual brownfield site. Waiver of this funding limit for a brownfields site must be approved by EPA prior to the expenditure of funding exceeding $200,000. In no case may EPA f\,Jnding exceed $350,000 on a site receiving a waiver. 5. CARs expending funding from a community-wide assessment grant on a particular site must include such funding amount in any total funding expended on the site. D. Quarterly Progress Reports Performance Reports - Submission Frequency 1. The CAR must submit progress reports on a quarterly basis to the EPA Project Officer. The reports are due 30 days after the reporting period. Final performance reports are due 90 days after the end of the budget period. Quarterly progress reports must include: a. Summary of approved activities performed during the reporting quarter, summary of the performance outputs/outcomes achieved during the reporting quarter, a description of problems encountered during the reporting quarter that may affect the project schedule and a discussion of meeting the performance outputs/outcomes. b. An update on project schedules and milestones. c. A list of the properties where assessment activities were performed and/or completed during the reporting quarter. d. A budget recap summary table with the following. information: current approved project budget; costs incurred during the reporting quarter; costs incurred to date (cumulative expenditures); and total remaining funds. e. If applicable, a separate budget recap summary table as described in D.1.c must be submitted for brownfields petroleum projects. 1. The CAR must maintain records that will enable it to report to EPA on the amount of funds expended on specific properties under this cooperative agreement. 2. If applicable, the CAR must maintain records that will enable it to report to EPA on the amount of funds expended on petroleum properties addressed under this cooperative agreement. 3. In accordance with 40 CFR 31.40(d), the CAR agrees to inform EPA as soon as problems, delays, or adverse conditions become known which will materially impair the ability to meet the outputs/outcomes specified in the approved work plan. E. Property Profile Submission 1. The CAR must report on interim progress (Le., assessment started) and any final accomplishments (Le., assessment completed, cleanup required, contaminants, Institution Controls, Engineering Controls) by completing and submitting relevant portions of the Property Profile Form using the Brownfields Program on-line reporting system, known as Assessment, Cleanup and Redevelopment Exchange System (ACRES). The CAR must enter the data in ACRES as soon as the interim action or final accomplishment has occurred, or within 30 days after the end of each reporting quarter. EPA will provide the CAR with training prior to obtaining access to ACRES. The training is required to obtain access to ACRES. The CAR must utilize the ACRES system unless approval is obtained from the regional Project Officer to utilize the Property Profile Form. F. Final Report 1. The CAR must submit a final report at the end of the period of performance in order to finalize the closeout of the .grant. This final report must capture the site names, what work was done at each site and how much was spent at each site. It should also provide information that documents the outreach efforts done by the CAR and other activities that help explain where the funding was utilized. III. FINANCIAL ADMINISTRATION REQUIREMENTS A. Eligible Uses of the Funds for the Cooperative Agreement Recipient 1. To the extent allowable under the work plan, cooperative agreement funds may be used for eligible programmatic expenses to inventory, characterize, assess, and conduct planning and outreach. Eligible . programmatic expenses include activities described in Section IV of these Terms and Conditions. In addition, such eligible programmatic expenses may include: a. Determining whether assessment activities at a particular site are authorized by CERCLA 104(k); b. Ensuring that an assessment complies with applicable requirements under Federal and State laws, as required by CERCLA 104(k); c. Using a portion of the grant to purchase environmental insurance for the characterization or assessment of the site. Funds may not be used to purchase insurance intended to provide coverage for any of the Ineligible Uses under Section IIl.a. d. Any other eligible programmatic costs including direct costs incurred by the recipient in reporting to EPA; procuring and managing contracts; awarding and managing subgrants to the extent allowable under III. B. 2.; and carrying out community involvement pertaining to the assessment activities. 2. Local Governments only. No more than 10% of the funds awarded by this agreement may be used for brownfield program development and implementation (including monitoring of health and institutional controls) as described in the EPA approved work plan. The CAR must maintain records on funds that will be used to carry out its EPA approved work plan to ensure compliance with this requirement. B. Ineligible Uses of the Funds for the Cooperative Agreement Recipient 1.. Cooperative agreement funds shall not be used by the CAR for any of the following activities: a. Cleanup activities; b. Developnientactivities that are not brownfields assessment activities (e.g~, construction of a new facility); c. Job training unrelated to performing a specific assessment at a site covered by the grant; d. To pay for a penalty or fine; e. To pay a federal cost share requirement (for example, a cost-share required by another Federal grant) unless there is specific statutory authority; f. To pay for a response cost at a brownfields site for which the recipient of the grant or subgrant is potentially liable under CERCLA g107; g. To pay a cost of compliance with any federal law, excluding the cost Of compliance with laws applicable to the assessment; and h. Unallowable costs (e.g., lobbying and fund raising) under applicable OMB Circulars. 2. Under CERCLA 104(k)(4)(B), administrative costs are prohibited costs under this agreement. Prohibited administrative costs include all indirect costs under applicable OMS Circulars. a. Ineligible administrative costs include costs incurred in the form of salaries, benefits, contractual costs, supplies, and data processing charges, incurred to comply with most provisions of the Uniform Administrative Requirements for Grants contained in 40 CFR Part 31. Direct costs for grant administration, with the exception of costs specifically identified as eligible programmatic costs, are ineligible even if the grant recipient is required to carry out the activity under the grant agreement. b. Ineligible grant administration costs include direct costs for: (1) Preparation of applications for brownfields grants; (2) Record retention required under 40 CFR 31.42; (3) Record-keeping associated with supplies and equipment purchases required under 40 CFR 31.32 and 31.33: (4) Preparing revisions and changes in the budgets, scopes of work, program plans and other activities required under 40 CFR 31.30; (5) MaintC\ining and operating financial management systems required under 40 CFR 31; (6) Preparing payment requests and handling payments under 40 CFR 31.21; (7) Non-federal audits required under 40 CFR 31.26 and OMB Circular A-133; and (8) Close out under 40 CFR 31.50. 3. Cooperative agreement funds may not be used for any of the following properties: a. Facilities listed, or proposed for listing, on the National Priorities List (NPL); b. Facilities subject to unilateral administrative orders, court orders, administrative orders on consent or judicial consent decree issued to or entered by parties under CERCLA; c. Facilities that are subject to the jurisdiction, custody or control of the United States government except. for land held in trust by the United States government for an Indian tribe; or d. A site excluded from the definition of a brownfields site for which EPA has not made a property-specific funding determination. 4. The CAR must not include management fees or similar charges in excess of the direct costs or at the rate provided for by the terms of the agreement negotiated with EPA. The term "management fees or similar charges" refers to expenses added t6 the direct costs in order to accumulate and reserve funds for ongoing business expenses, unforeseen liabilities, or for other similar costs that are not allowable under EPA assistance agreements. Management fess or similar charges may not be used to improve or expand the project funded under this agreement, except to the extent authorized as a direct cost of carrying out the scope of work. C. Interest -Bearing Accounts and Program Income 1. In accordance with 40 CFR 31.25(g)(2), the CAR is authorized to add program income to the funds awarded by the EPA and use the program income under the same terms and conditions of this agreement Program income for the assessment CAR shall be defined as the gross income received by the recipient, directly generated by the cooperative agreement award or earned during the period of the award. Program income includes, but is not limited to, fees charged for conducting assessment, site characterizations, clean up planning or other activities when the costs for the activity is charged to this agreement. 2. The CAR must deposit advances of grant funds and program income (Le. fees) in an interest bearing account. a. For interest earned on advances, CARs are subject to the provisions of 40 CFR ~31.21 (i) to remitting interest on advances to EPA on a quarterly basis. b. Interest earned on program income is considered additional program income. . IV. ASSESSMENT ENVIRONMENTAL REQUIREMENTS A. Authorized Assessment Activities .1. Prior to conducting or engaging in anyon-site activity with the potential to impact historic properties (such as invasive sampling), the CAR shall consult with EPA regarding potential applicability of the National Historic Preservation Act and, if applicable, shall assist EPA in complying with any requirements of the Act and implementing regulations. B. Quality Assurance (QA) Requirements 1. When environmental samples are collected as part of the brownfields assessment, the CAR shall comply with 40 CFR Part 31.45 requirements to develop and implement quality assurance practices sufficient to produce data adequate to meet project objectives and to minimize data loss. State law may impose additional QA requirements. 2. If the EPA Project Officer authorizes the initiatio.n of a Phase II assessment, the CAR must prepare a combined Quality Management Plan/Quality Assurance Project Plan (QMP/QAPP). This combined QMP/QAPP must be prepared in accordance with the EPA Region III Generic Quality Assurance Project Plan (QAPP) Template (dated March 2001). At least 30 days before the initiation of the Phase II assessment, the CAR must submit the generic QAPP to the EPA Project Officer. The EPA Project Officer must approve the CAR's generic QAPP before the Phase II assessment begins. 3. In addition, at least 30 days before the initiation of any site sampling and analysis investigations, the CAR must submit a site-specific Sampling and Analysis Plan (SAP). This site-specific SAP must meet the requirements found in the EPA Region III site-specific SAP Template (dated July 1999). The EPA Project Officer must approve the CAR's SAP before sampling and analysis begin. C. Completion of Assessment Activities 1. The CAR shall properly document the completion of all activities described in the EPA approved work plan. This must be done through a final report or letter from a qualified environmental professional, or other documentation provided bya State or Tribe that shows assessments are complete. 2. Upon completion of the Phase II assessment, the CAR must submit a copy of the Phase II Report to the EPA Project Officer for review.' . D. All Appropriate Inquiry 1; As required by CERCLA ~ 1 04(k)(2)(B)(ii) and CERCLA ~ 101 (35)(8), the CAR shall ensure that a Phase I site characterization and assessment carried out under this agreement will be performed in accordance with EPA's standard for all appropriate inquiries. The CAR shall utilize the practices in ASTM standard E1527-.05 "Standard Practices for Environmental Site Assessment: Phase I Environmental Site Assessment Process," or EPA's All Appropriate Inquiries Final Rule "All Appropriate Inquiries Rule: Reporting Requirements and Suggestions on Report Content", (Publication Number: EPA 560-F-06-244). This does not preclude the use of grant funds for additional site characterization and assessment activities that may be necessary. to characterize the environmental impacts at the site or to comply with applicable State standards. V. CONFLICT OF INTEREST: APPEARANCE OF LACK OF IMPARTIALITY A. Conflict of Interest 1, The CAR shall establish and enforce conflict of interest provisions that prevent the award of subgrants that create real or apparent personal conflicts of interest, or the CAR's appearance of lack of impartiality. Such situations include, but are not limited to, situations in which an employee, official, consultant, contractor, or other individual associated with the CAR (affected party) approves or administers a grant or subgrant to a subgrant recipient in which the affected party has a financial or other interest. Such a conflict of interest or appearance of lack of impartiality may arise when: (i) The affected party, (ii) Any member of his immediate family, (iii) His or her partner, or (iv) An organization which employs, or is about to employ, any of the above, has a financial or other interest in the subgrant recipient. Affected employees will neither solicit nor accept gratuities, favors, or anything of monetary value from subgrant recipients. Recipients may set minimum rules where the financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value. 'To the extent permitted by State or locallaw or regulations, such standards of conduct will provide for penalties, sanctions, or other disciplinary actions for violations of such standards by affected parties. VI. PAYMENT AND CLOSEOUT A. Payment Schedule 1. The CAR may request payment from EPA pursuant to 40 CFR ~31.21 (c). B. Schedule for Closeout 1. Closeout will be conducted in accordance with 40 CFR 31.50. EPA will close out the award when it determines that all applicable administrative actions and all required work of the grant have been completed. 2. The CAR, within 90 days after the expiration or termination of the grant, must submit all financial, performance, and other reports required as a condition of the grant. a. The CAR must submit the following documentation: 1. The Final Report as described in II.~. -2. A Final Federal Financial Report (FFR - SF425). Submitted to: U.S. EPA Las Vegas Finance Center P.O. Box 98515 Las Vegas, NV 89193-8515 Fax: (702) 798-2423 http://WINW.epa.gov/ocfo/finservices/payinfo.html o 3. A Final MBEIWBE Report (EPA Form 5700-52A). Submitted to the regional office. b. The CAR must ensure that all appropriate data has been entered into ACRES or all Property Profile Forms are submitted to the Region. c. The grantee must immediately refund to the Federal agency any balance of unobligated (unencumbered) cash advanced that is not authorized tobe retained for use on other grants. ~5 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of November, 2010. No. 39005-111510. A RESOLUTION authorizing acceptance of funds awarded to the Roanoke City Police Department by the United States Marshals Service, and authorizing execution of any and all necessary documents to accept the funds. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized on behalf ofthe City to accept from the United States Marshals Service funds in the amount of$12,000, with no matching funds required from the City, to be awarded to the Roanoke City Police Department to be used for vehicle fuel and vehicle man:tenance to operate the four warrant service vehicles previously donated in August 2009, to the Roanoke City Police Department. This funding is more particularly described in the report ofthe City Manager to Council, dated November 15, 2010. 2. The City Manager is hereby authorized to execute and file, on behalf ofthe City, any documents required to accept such funding. All documents to be executed on behalf ofthe City shall be approved as to form by the City Attorney. ATTEST: k;pQ~.~w City Clerk. t r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of November, 2010. No. 39006-111510. AN ORDINANCE to appropriate funding from the United States Marshals Service for the U.S. Marshals District Fugitive Task Force, amending and reordaining certain sections of the 2010-2011 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 2010-2011 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Motor Fuels and Lubricants Revenues US Marshals Automotive Grant FY11 35-640-3664-2038 $ 12,000 35-640-3664-3664 12,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with, A~~:() _.~ ~~m. Y'YJD6t0 City Clerk. CITY COUNCIL AGENDA REPORT To: Meeting: Subject: Honorable Mayor and Members of City Council November 15, 2010 United States Marshals Service Grant Background: The United States Marshals Service (USMS) regularly supports local efforts to apprehend fugitives from justice. One such program provides local funding or equipment for travel, training or apparatus used for the capture of wanted criminals. This program requires local officers to be sworn members of the U.S. Marshals Service District Fugitive Task Force. All six members of the Roanoke Police Department Warrant Service Unit meet this requirement. Considerations: On October 7, 2010, the United States Marshals Service agreed to give the Police Department $12,000 to be used for vehicle fuel and vehicle maintenance to operate four warrant service vehicles. These vehicles were previously donated by the Marshals Service in a separate award. There is no matching fund requirement for this program. Recommended Action: Accept the United States Marshals Service funding described above and authorize the executing of any necessary grant agreement or related documents; such documents to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate of $12,000 and to appropriate funding in the same amount in an account to be established by the Director of Finance in the Grant Fund as follows: Appropriation: Description Amount Fuel and Maintenance $12,000 $12,000 CHRISTOPHER P. MORRILL City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Christopher C. Perkins, Chief of Police ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of November, 2010. No. 39007-111510. AN ORDINANCE to appropriate funding from the Federal government and local match for various educational programs, amending and reordaining certain sections of the 2010-2011 School 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 2010-2011 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Project Manager Site Coordinators Substitutes Social Security Contracted Services Field Trip Transportation Travel - Fares Travel - Subsistence & Lodging Travel - Conventions & Education Materials and Supplies Intervention Specialist Intervention Specialist Intervention Specialist Intervention Specialist Intervention Specialist Supplemental Outy Supplemental Duty Supplemental Outy Supplemental Outy Supplemental Outy Retiree Health Credit Social Security VRS Health/Oentallnsurance Group Life Insurance Retiree Health Credit Social Security VRS Health/Oentallnsurance Group Life Insurance Retiree Health Credit Social Security VRS Health/Oentallnsurance Group Life Insurance 302-11 0-1307-1000-170E-611 00-41124-3-01 $ 302-110-1307-1 000-170E-611 00-41129-3-01 302-110-1307-1 000-170E-61100-41 021-3-01 302-110-1307-1 000-170E-611 00-42201-3-01 302-11 0-1307-1000-170E-611 00-43313-3-01 302-11 0-1307-1000-170E-611 00-43343-3-01 302-110-1307-1 000-.170E-611 00-45552-3-01 302-110-1307-1 000-170E-611 00-45553-3-01 302-110-1307-1 000-170E-611 00-45554-3-01 302-110-1307-1000-170E-61100-46614-3-01 302-110-1315-0280-1650-61100-41125-3-01 302-110-1315-0210-1650-61100-41125-3-01 302-110-1315-0230-1650-61100-41125-3-01 302-110-1315-0150-1650-61100-41125-3-01 302-110-1315-0450-1650-61100-41125-3-01 302-110-1315-0280-1650-61100-41129-3-01 302-110-1315-0210-1650-61100-41129-3-01 302-110-1315-0230-1650-61100-41129-3-01 302-110-1315-0150-1650-61100-41129-3-01 302-110-1315-0450-1650-61100-41129-3-01 302-110-1315-0280-1650-61100-42200-3-01 302-110-1315-0280-1650-61100-42201-3-01 302-110-1315-0280-1650-61100-42202-3-01 302-110-1315-0280-1650-61100-42204-3-01 302-110-1315-0280-1650-61100-42205-3-01 302-110-1315-0210-1650-61100-42200-3-01 302-110-1315-0210-1650-61100-42201-3-01 302-110-1315-0210:"1650-61100-42202-3-01 302-110-1315-0210-1650-61100-42204-3-01 302-110-1315-0210-1650-61100-42205-3-01 302-110-1315-0230-1650-61100-42200-3-01 302-110-1315-0230-1650-61100-42201-3-01 302-110-1315-0230-1650-61100-42202-3-01 302-11 0-1315-0230-165D-611 00-42204-3-01 302-11 0-1315~0150-1650-611 00-42205-3-01 1 ,428 6,300 425 1,719 5,475 5,400 1,050 1 ,440 1,395 19,015 27,832 28,882 28,882 41,112 38,614 5,175 5,175 5,175 5,175 5,747 127 2,087 2,042 3,495 32 133 2,167 2,136 3,510 35 133 2,167 2,136 3,510 35 Retiree Health Credit Social Security VRS Health/Dentallnsurance Group Life Insurance Retiree Health Credit Social Security VRS Health/Oentallnsurance Group Life Insurance Contracted Services Travel - Mileage Travel - Subsistence and Lodging Testing/Evaluation Non-capital Technical Hardward Technology Hardware Additions Revenues Federal Grant Receipts Local Match Federal Grant Receipts 302-110-1315-0150-1650-61100-42200-3-01 302-110-1315-0150-1650-61100-42201-3-01 302-110-1315-0150-1650-61100-42202-3-01 302-110-1315-0150-1650-61100-42204-3-01 302-110-1315-0150-1650-61100-42205-3-01 302-110-1315-0450-1650-61100-42200-3-01 302-110-1315-0450-1650-61100-42201~3-01 302-110-1315-0450-1650-61100-42202-3-01 302-110-1315-0450-1650-61100-42204-3-01 302-110-1315-0450-1650-61100-42205-3-01 302-110-1315-1000-1650-61100-43313-3-01 302-110-1315-1000-1650-61100-45551-3-01 302-110-1315-1000-1650-61100-45553-3-01 302-110-1315-1000-1650-61100-45584-3-01 302-110-1315-1000-1650-68100-46650-3-01 302-110-1315-1000-1650-68100-48210-3-01 302-000-0000-0000-170E-00000-38951-0-00 302-000-0000-0000-170E-00000-34588-0-00 302-000-0000-0000-1650-00000-38371-0-00 198 3,102 3,130 3,214 59 232 2,954 3,448 4,154 108 75,788 8,500 6,250 8,195 (36,500) 253,309 23,539 20,108 551,655 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~'('(),~ City Clerk. D ~'LI November 15, 2010 ROANOKE CITY PUBLIC SCHOOLS Strong Students. Strong Schools. Strong City, School Board The Honorable David Bowers, Mayor and Members of Roanoke City Council Roanoke, VA 24011 David B. Carson Chairman Dear Members of Council: Jason E. Bingham Vice Chairman As a result of official School Board action on November 9, 2010, the Board respectfully requests City Council approve the following new and revised appropriations, which impact the Schools' 2010-11 budget: New Appropriations Total New Award Mae G. Huff Annette Lewis Suzanne P. Moore Todd A. Putney Lori E. Vaught EPA Environmental Education 2010-11 $43,647 Dr. Rita D. Bishop Superintendent Revised Appropriations Additional Award Cindy H. Poulton Clerk of the Board Striving Readers 2009-10 $551,655 The School Board thanks you for your approval of the appropriation requests. Sincerely, ~.Q~ Cindy H. Poulton, Clerk pc: William M. Hackworth Chris Morrill Ann Shawver David B. Carson Rita D. Bishop Curt Baker Margaret Lindsey Yen Ha (with details) p: 540-853-2381 f: 540-853-2951 P.O. Box 13145 Roanoke, VA 24031 www.rcps.info CITY COUNCIL AGENDA REPORT To: Meeting: Subject: Honorable Mayor and Members of City Council November 15, 2010 School Board Appropriation Requests Background: As the result of official School Board action at its November 9th meeting, the Board respectfully requested that City Council appropriate funding as outlined in this report. The 2010-11 Environmental Protection Agency (EPA) Environmental Education project grant of $43,647 will support the project "Water in the Valley: Measuring and Monitoring a Vital Resource." The project will help Roanoke City middle school students to use probeware as a data collection tool to conduct scientific tests of water quality. The activities of the project are designed to increase students' motivation and understanding by training them in the use of water monitoring probeware and enabling them to conduct long term studies ofthe local watershed. In addition; the project will increase student academic performance on standardized tests as well as increase the environmental education teaching skills of City middle school teachers. The project will be funded by federal funds and the required local match which will be transferred from the division's budget allotment for science. The grant will end June 30,2012. This is a new program. The 2010-11 Striving Readers program grant of $551,655 provides funds to support the provision of supplemental reading instruction at the City's five middle schools, in support of students who are reading below grade level. The program will help intervention specialists to use a supplemental instruction program to work with groups of seventh and eighth grade students during the school day. The program grant increase represents the addition of Year Two funding for this multi-year grant. The program will be fully reimbursed by Federal funds and will end September 30,2013. Recommended Action: We recommend that you concur with this report of the School Board and adopt the attached budget ordinance to appropriate funding as outlined. rr:J6~ ANN H. SHAWVER Director of Finance Distribution: Council Appointed Officers Rita D. Bishop, Superintendent, RCPS Curtis Baker, Deputy Superintendent for Operations, RCPS KAY WAS INDUCTED IN THE HALL OF FAME DURING A MOVING CEREMONY AT EMORY AND HENRY COLLEGE ON SEPTEMBER 18 OF THIS YEAR. o SHE IS A PHYSICAL EDUCATION TEACHER AT STONEWALL JACKSON MIDDLE SCHOOL. o 1980 GRADUATE OF WILLIAM FLEMING HIGH SCHOOL WHERE SHE WAS A DEDICATED AND INSPIRED BASKETBALL PLAYER o SHE PLAYED BASKETBALL FOUR YEAR AT EMORY AND HENRY, FROM 1980 - 1984 o TWO YEAR STARTER AT THE POSITION OF FORWARD AND CENTER o IN 1983, HER TEAM WENT 13 AND 10 OVERALL AND 10 AND 6 IN THE' OLD DOMINION ATHLETIC CONFERENCE (ODAC) MADE SECOND TEAM ALL-ODAC HONORS o IN 1984, THE TEAM WENT 20 AND 6 OVERALL, AND 16 AND 3 IN THE CONFERENCE SHE MADE FIRST TEAM ALL-ODAC, PLAYER OF THE YEAR AND WAS SELECTED FOR THE ALL-STATE TEAM o WHEN SHE GRADUATED, KAY HELD TWO SCHOOL RECORDS AT EMORY AND HENRY; HELD THE RECORD FOR MOST REBO~NDS IN A GAME WITH 20 REBOUNDS; AND SHE STILL HOLDS THE SINGLE SEASON RECORD FOR FIELD GOAL SHOOTING - WITH A 56.7 PERCENT SUCCESS RATE o SHE WAS ONE OF FIVE EMORY GRADUATES HONORED AT THE HALL OF FAME INDUCTION CEREMONY 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 November 17, 2010 William M. Watson, Jr., Executive Director I Roanoke Valley SPCA 1340 Baldwin Avenue, N. E. Roanoke, Virginia 24012 Dear Mr. Watson: I am enclosing copy of Ordinance No. 39008-111510 permanently vacating, discontinuing and closing a 10 foot alley between Baldwin Avenue, N. E., and Light Street, N. E., adjoining properties bearing Official Tax Nos. 3210505 through 3210516, and 3210518 through 3210527. . Prior to receiving all required approvals of the subdivision plat, the applicant shall give to the Treasurer for the City of Roanoke a certified check or cash in the amount of Two Thousand Five Hundred Thirty Three and No/100 Dollars ($2533.00) as consideration pursuant to' 915.2-2008, Code of Virginia (1950), as amended, for the vacation of the public's interest in the subject r:ight~of-way. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 15, 2010, and is in full force and effect upon its passage. ) , Sincerely, !41~'rr). ~ Stephanie M. Moon, CMC City Clerk Enclosure William M. Watson, Jr. November 17,2010 Page 2 l pc: Vinton Scrap and Metals Company, P. O. Box 14225, Roanoke, Virginia 24024 F & P Associates, P. O. Box 12328, Roanoke, Virginia 24038 The Honorable Evelyn Powers, Treasurer Christopher P. Morrill, City Manager William M. Hackworth, 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 ~ \~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of November, 2010. No. 39008-111510~ AN ORDINANCE permanently vacating, discontinuing and closing a certain public right-of-way in the City of Roanoke, as more particularly described hereinafter; and dispensing with the second reading by title of this ordinance. WHEREAS, Roanoke Valley SPCA filed an application with the Council of the City of . Roanoke, Virginia ("City Council"), in accordance with law, requesting City Council to permanently vacate, discontinue and close a public right-of-way described hereinafter; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by S30-14, 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 November 15,2010, after due and timely notice thereof as required by S30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the 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-SPCA-vacate with money. doc 1 A 10 foot alley between Baldwin Avenue, N.E., and Light Street, N.E., adjoining properties bearing Official Tax Nos. 3210505 through 3210516, and 3210518 through 3210527 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 company 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 sewer 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 maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate 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 thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat combining all. properties which would otherwise dispose of the land within the right-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-of-way. O-SPCA-vacate with money.doc 2 BE IT FURTHER ORDAINED that prior to receiving all required approvals of the subdivision plat referenced in the previous paragraph, the applicant shall give to the Treasurer for the City of Roanoke a certified check or cash in the amount of Two Thousand Five HUndred Thirty Three and No/lOO Dollars ($2,533.00) as consideration pursuant to 915.2-2008, Code of . Virginia (1950), as amended, for the vacation of the public's interest in the subject right-of-way. 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 where 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 FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds 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. . BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of one year from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. BE IT FINALLY ORDAINED that pursuant to the provisions of S 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~:::.1~W O-SPCA-vacate with money.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 November 15, 2010 Honorable David A. Bowers, Mayor Honorable David B. Trinkle, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable Raphael E. Ferris, Council Member Honorable Sherman P. Lea, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Dear Mayor Bowers and Members of City Council: Subject: Request from Roanoke Valley SPCA to permanently vacate, discontinue and close a ten foot alley between Baldwin Avenue and Lig ht Street, N. E. Planning Commission Hearing and Recommendation: Planning Commission public hearing was held on Thursday, October 21 , 2010. By a vote of 4-0 (Messrs. Futrell, Scholz, and Van Hyning absent), the Commission recommended approval of the request, with the land being conveyed at a cost of $2,533. The Commission further recommends that the vacation be approved subject to these conditions: 1. The applicant shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals of, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Such plat shall combine all properties which would otherwise dispose of the land within the right-of-way to be vacated in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right-of-way, including the right of ingress and egress. 2. Upon meeting all other conditions to the granting of the application, the applicant shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the petitioner, and the names of any other parties in interest who may so request, as Grantees. The applicant shall pay such fees and charges as are required by the Clerk to effect such recordation. Members of City Council Page 2 November 15,2010 3. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant shall file with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. 4. If the above conditions have not been met within a period of one year from the date of adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. Respectfully submitted, ~~ Angela Penn, Chair City Planning Commission c: William M. Hackworth, City Attorney R. Brian Townsend, Assistant City Manager Applicant Members of City Council Page 3 November 15, 2010 Application Information Request: Permanently vacate, discontinue, and close of a 10 foot wide alley between Baldwin Avenue and Light Street Adjoining Owner/applicant Roanoke Valley SPCA City Staff Person: Frederick Gusler, AICP Site Address/Location: 1369 Baldwin Avenue, N.E. 1345 Baldwin Avenue, N.E. 1340 Baldwin Avenue, N.E. 1368 Daleton Avenue, N.E. 1214 Daleton Avenue, N.E. Official Tax Nos. of 3210505 - 16 inclusive adjoining properties: 3210518 - 27 inclusive Site Area: 5,591 square feet Existing Zoning: 1-1, Light Industrial District Proposed Zoning: n/a Existing Land Use: Unimproved right-of-way (alley) Proposed Land Use: Commercial Neighborhood Plan: Hollins/Wildwood Neighborhood Plan Specified Future Land Use: Commercial Filing Date: September 2, 2010 Background The applicant owns tax parcels 3210523,3210522,3210520,3210519,3210518, 3210509,3210508,3210507,3210506,3210505,3210504,3210503,3210502, 3210501, and proposes to use the vacated portion for future expansion of its facilities. Considerations Section 30-14(5) of the Code of the City of Roanoke provides the following standard for consideration of street and alley vacation requests: "Following the hearing before the city planning commission on an application to alter or vacate a street or alley, the commission shall report in writing to the city council whether in its opinion, any, and if any, what inconvenience would result if the application were approved by council, and the commission shall report and make a recommendation to council as to whether the application should be approved." Members of City Council Page 4 November 15, 2010 Vacation of the unimproved alley will not eliminate access to any other properties. Due to the topography of the alley, it is unlikely to be used for access in the future. Two other property owners-F &P associates and Vinton Scrap and Metals Company-also adjoin the alley. Each owner will be conveyed the half of the alley that adjoins their land. The applicant will be responsible for coordinating the payment for the land and the documents required to execute the vacation. Surroundinq Zoninq and Land Use: Zoning District Land Use North 1-1, Light Industrial District CommercialNacant South 1-1, Light Industrial District I nd ustrial/Residential East 1-1, Light Industrial District CommercialNacant West 1-1, Light Industrial District Vacant Compliance with the Zoninq Ordinance: Vacation of the portion of right-of-way will not impact the zoning map. Conformity with the Comprehensive Plan and Neiqhborhood Plan: The proposed vacation does not pose any conflicts with the future land use plans of the Hollins/Wildwood Neighborhood Plan or Vision 2001-2020, Roanoke's Comprehensive Plan. As noted in the Hollins/Wildwood Neighborhood Plan, this area of the City does not have a typical grid street pattern and most of the alleys in the neighborhood are paper, having never been improved or functional since they were platted. Vision 2001-2020, the City's Comprehensive Plan states that a significant amount of commercial and industrially-zoned land in the City remains vacant or underused. The plan encourages development or redevelopment in these areas. Much of the land adjoining the subject alley is vacant and would be suitable for future development. Public Utilities: Staff received comments from Verizon, Appalachian Power Company, and Roanoke Gas Company. None of the utilities have objections to the request. City Department Comments: The Transportation Division, Engineering Division, Development Review, Building Inspections, and Fire/EMS Department have no objections to the request. Engineering commented that reversion of the vacated alley should be provided to adjacent owners and not exclusively to the SPCA. Members of City Council Page 5 November 15, 2010 Public Comments: None. Planninq Commission Discussion: Mr. Williams asked staff to point out the location of the applicant's properties. Bill Watson of the SPCA pointed out which parcels on the map the applicant owns. Mr. Williams asked him to verify if they own lots fronting on Daleton and Baldwin Avenues. Mr. Watson replied that they did. ...r- To: Office of the City Clerk Fourth Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Phone: (540) 853-2541 Fax: (540) 853-1145 ~€1!j:(ii's1JlJmjlftifSfHidJii$r~rancfTffcltiln;1aiZl;e~'u,lii1ilCJo~u""?I!l8'i.wnj'!tn7Jlli:checj{rfoi;'(ilffNillfl"Tfei~;i;!ftrl!, ii,''f,''''''_,-A ,."",.,"f~...-,..",~..".-...,."",-"...~,~__...,,"f"'~""'<"-'~"'""i"\""",",""A"""~..,YBV\N;::;:~""t"".'tl~~""0""",,,"~~'~:'7"""",~,:Ji:.:.-.,$;;,,,,~q-,..~-"_L'~~""d''''''''~'''''''"""""""'''''~_)""'R''''~'';'W<-0'''''''",_",,'h::,,,,_.~"".,\t"'"'~~'~<."'"'~;'''t,...",,,~,.,,,.-~,.-,,~,,,w,,,,,,.~..,,,,,,g#,,+,,,,,>,,*,~.~if:;, Application is hereby submitted for street or alley vacation for the property located at: Lqcation and description of street or alley to be closed: ~ ~~'-c..- ioJ All c....r t)c.,~ CO(\ b-l!-.u" ~ ~ O/h) <:.,; 4"'\d.. Llj h.+ .s-v ~ . l\^.~ \0' ~l~1 G\,~Jo~~ -t-c....'k V\v~e(~ "32\ oSoS: ~'" 32\ o'S")(o Ctf\A -\c..-L ,^-.JW"\,~~S 32..1 os l 'is' ~~vl.j~ 32.\0 S 2"~ I Proposed use of vacated street or alley: f"o(' tubv u ~<::.. . ~ ~<l/ ~.:::Fo",.J:c.. '-l.:;,ll(..i ~~(,~ , 5 . Q ..... ~ ~ \ > ..... \ ~ m ...s \ .... 0 u ........ .... rn E-<g ~ U g ~.... r:.:. II ~ - ~~ ::r: ..: ~ 0 . ....... .S 0 ~ ~ .... - 0 en ~ 0 z ..... Q t5 ~ Q ..... ~l5 ~ :E: IF: en ~~~~ iti~1O 68~8 - J.E":t&J I - ~~ - g~_O C) m~ df5d~ z~ z ~F= t-= l- LL. ~ o 0::- 1-8 % Cf)- 0%1-1 ;:: I.&J __ . ~I.&J""'- ~~~~~ > co ~ g~ 0:: >- ~ o ..... LaJ C) b LL. ...J ::) 0 IAJ ...J Z c-I:x: o ~ ..... _,,(I) ;:: >N ~b ~ f5 ::I.....zm ~ i~ ~ 9cn ~ m ~~~ 8 ~II) ~ ....- 8 N~ _ g~~~ ~~~ ~~ fO-~ ...~ go ZOo ~"" ~l&. ....~ Nil) ~~~ 9~~ ~~ ~~~ ""N~ "I') - . o ~Zoo 9~"" ~l&. ~~ It) 1O~~ NN I') t:; .:>' :::sOW ZlI/: ~~ a: IO~" -II)~ 8~_ 0- 8 -~ 90:>'~ Z~ . ~~~ IO~ ;1(1) ~~~ g~~ ~~ a: ~g~ 8 I') ~N~8 t:;~>~ :::s~~ ~~~ ~~ ~;1(1) ""~~ ~ 0:>' o g!z~ 9~0 ~~ a: 0~J:::: 8cn~ NN~8 t:;~:>,~ :::s~~ ~~~ a: ~l5 IF; B~i~~ ~!8~8 0.0 ()~t:;:i~ z_t::Il') 0 ~g~-~ 00 aii ~o~d- Zz ~F ~ -~J:::: NcnN 8 I') ~~~8 """90:>'~ zw ~i~ a::: :"IIIl ~~~ (I)'" N ~-~8 ~;i- 9g~~ ~~i t- LaJ lI.. 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I') _ ...1') _ I') _ I') _ 9~~'" 90:>'8 9 .:>'8 90:>'8 90:>'8 9 0:>i8 90:>'8 ~~ ~~ Ow ~~ z~ . z~ 0 z~ . ~~~ ~~~ ~~i ~~i ~~~ ~~i ~~i a::: a: a::: a::: a::: a::: a::: \.\. ~ ~ The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - -- ROANOKE VALLEY SPCA 1340 BALDWIN AVENUE, NE ROANOKE VA 24012 REFERENCE: 80176048 12400234 Notice of PH - Roano State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this __~~_day of NOV 2010. Witness my hand and official seal. _~~~__ Notary Public PUBLISHED ON: 10/29 ,'111111111 ",,\ LA YM "" ......':-1.. ~....,.. ~A, ", ... ^ .' :-{ ":v " ...... ~v.., ~f>-0 '. , 11/0S: ~ :.t\O 1000 a ".~ ~ ... CC. <>0 n,og?J . ., ... . '" 10'01 ...\. od: ... - QJ . jj-. c.\G\'" - ... - . r:.,... .~\c;;:)\ . ..". ... ... . <:(..~v ~\~\\" . ::: ... -: ~'. _.NCf~>~S : <!:J = -:....,.. -. ~\\ ~ , : ~ : -:,. *.. . ....~: ',~ '. .' ~ ...... ",;;4t;J,10NW" E' .~~\~ ?"" '" ,\\ 11111111", TOTAL COST: FILED ON: 349.44 11 / 0 5 / 1 0, I I I I I I I I I I I I I I I I. I I I I I I I I I I I I I I I I I I I I I I I I I I I _.~-~--------_._- . NOnCE OF PUBLIC I . HEARING . :1',The Council of the City ?f .Roanoke will hold a publiC ihearing on Monday,. 'November 15, 2010, at : 17:00 p.m., or as soon: ithereafter 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 Roanoke I Valley SPCA to permanently , vacate, discontinue and close a 10 foot alley. between Baldwin Avenue, . N.E.; and Light Street, N:E., I adjoining properties beanng Official Tax Nos. 3210505 I through 3210516, and 3210518 through. 3210527. '. 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 ~ont.act , the City Clerk's Office, at 853-2541, before noon on the Thursday before the. date of the. hearing listed" a~~~~N under my hand this 27th day ofcOctober, 2010 . Stephanie M. Moon, CMC City Clerk. ;* (12400234) _.~- , ". '.', ; \. ~ \> - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - -- Authorized ~ ).1- m~ /A~ ~ ~--- Signature'__~,r~__~_L;~~~Billing Services Representative lcn0i~d 80 !\[IN ~31. :;1~31J AiD { Sf;\~G\o \o\! NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will hold a public hearing on Monday, November 15, 2010, at 7:00 p.m., or as soon thereafter as the matter maybe heard, in the Council Chamber, fourth floor, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider the following: Request from Roanoke Valley SPCA to permanently vacate, discontinue and close a 10 foot alley between Baldwin Avenue, N.E., and Light Street, N.E., adjoining properties bearing Official Tax Nos. 3210505 through 3210516, and 3210518 through 3210527. A copy ofthe application is available for review in the Office ofthe 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 27thiayof October ,2,010 Stephanie M. Moon, CMC City Clerk. SPCA-vacate-Baldwin Avenue.doc Notice to Publisher: Publish in the Roanoke Times on Friday, October 29, and Friday, November 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: William M. Watson, Jr., Executive Director Roanoke Valley SPCA 1340 Baldwin Avenue Roanoke, Virginia 24012 bwatson@rvspca.org "- PH Nov 2010 SPCA-vacate-Baldwin Avenue.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. CRAFT Deputy City Clerk November 2, 2010 CECELIA T. WEBB Assistant Deputy City Clerk William M. Watson, Jr., Executive Director Roanoke Valley SPCA 1340 Baldwin Avenue Roanoke, Virginia 24012 Dear Mr. Watson: 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 Monday, November 15,2010, 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 Roanoke Valley SPCA to permanently vacate, discontinue and close a 10 foot alley between Baldwin Avenue, N. E., and Light Street, N. E. 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 November 15th public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, ~~o~~00~ City Clerk . SMM:ctw Enclosure CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 2~0l1-1536 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 November 2,2010 CECELIA T. WEBB Assistant Deputy City Clerk Vinton Scrap and Metals Company P. O. Box 14225 , Roanoke, Virginia 24038 F & P Associates P. O. Box 12328 Roanoke, Virginia 24024 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 Monday, November 15,2010, 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 Roanoke Valley SPCA to permanently vacate, discontinue and close a 10 foot alley between Baldwin Avenue, N. E., and Light Street, N. E. This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning, Building and Development at 540-853-1730. If you would like to receive a copy of the report of the City Planning Commission, please call the City Clerk's Office at 540-853-2541. Sincerely, - . m. )yj(j{)v0 Stephanie M. Moon, CMCJ City Clerk SMM:ctw ALLEY CLOSURE REQUEST Roanoke Valley SPCA Alley lying between Baldwin and Light Streets, NE ) ) AFFIDAVIT CITY OF ROANOKE ) ) TO-WIT: ) COMMONWEALTH OF VIRGINIA The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 30th day of September, 2010, notices of a public hearing to be held on the 21st day of October, 2010, on the request captioned above to the owner or agent of the parcels as setout below: Tax No. Owner Mailinq Address 3210518- Applicant 3210529 3210501- 3210509 3210501- Vinton Scrap and Metals Co. 3210512 POBox 14225 Roanoke, VA 24038 3210513- 3210518 F & P Associates POBox 12328 Roanoke, VA 24024 ~ ~ z7Y~ Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 30th day of September, 2010. ~9 ~c1J;o fYC Notary Public REBECCA JO COCKRAM NOTARY PUBLIC Commonwealth of Virginia Reg,#1661~ I My Commission Exnires ;(.;l '6 .;lOll '-. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov STEPHANIE M. MOON, CMC City Clerk ~ovember 17, 2010 Jacqueline Shuck, Executive Director Roanoke Regional Airport 5202 Aviation Drive Roanoke, Virginia 24012 Dear Ms. Shuck: JONATHAN E. CRAFT Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk I am enclosing copy of Ordinance No. 39009-111510 permanently vacating, discontinuing and closing 0.1070 acres of right-of-way on the western side of Aviation Drive, N. W., varying in width up to approximately 25 feet and extending across the existing entrance to the Roanoke Regional Airport from approximately 90 feet south of the entrance to approximately 150 feet north of the entrance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting .held on Monday, November 15, 2010, and is in full force and effect upon its passage. Sincerely, jJ:;L~M. ~rvJ Stephanie M. Moon, CMC City Clerk Enclosure pc:. Christopher P. Morrill, City Manager William M. Hackworth, City Attorney Ann H. Shawver, Director of Finan~ce Susan Lower, Director of Real Estate Valuation Philip Schirmer, City Engineer Martha P. Franklin, Secretary, City Planning Commission (~ -;;> \,111' t l> . IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of November, 2010. No. 39009-111510. AN ORDINANCE permanently vacating, discontinuing and closing a certain public right-of- way in the City of Roanoke, as more particularly described hereinafter; and dispensing with the second reading by title ofthis ordinance. WHEREAS, the City of Roanoke filed an application with the Council of the City of Roanoke, Virginia ("City Council"), in accordance wifh law, requesting City Council to permanently vacate, discontinue and close a certain public right-of-way described hereinafter; WHEREAS, the City Planning qnnmission, after giving proper notice to all concerned as required by 930-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; J WHEREAS, a public hearing was held on such application by City Council on November 15, 2010, after due ~dtimely notice thereof as required by ~30-14, Code ofthe City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all ofthe foregoing, City Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such certain 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-City-vacate-Aviation Drive. doc 1 0.1070 acres of right-of-way on the western side of Aviation Drive, N.W., varying in width up to approximately 25 feet and extending across the existing entrance to the Roanoke Regional Airport from approximately 90 feet south of the entrance to approximately 150 feet nortll: of the entrance 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 company 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 sewer 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 maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate 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 thereo f. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of -c- Roanoke, a subdivision plat, with such plat combining all properties which would otherwise dispose of the land within the right-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-of-way. O-City-vacate-A viation Drive.doc 2 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 where 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 FURTHER ORDAINED that the applicant shall, upon a certified copy ofthis 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. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of one year from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. BE IT FURTHER ORDAINED that if the above conditions are met, the City Manager is authorized to execute a deed, quit claiming to the Roanoke Regional Airport Commission any interest the City of Roanoke may have in the vacated right-of-way. BE IT FINALLY ORDAINED that pursuant to the provisions of S 12 of the City Charter, the second reading ofthis ordinance by title is hereby dispensed with. ATTEST: ~'rr).mbW City Clerk. l . O-City-vacate-Aviation Ddve.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 November 15,2010 Honorable David A. Bowers, Mayor Honorable David B. Trinkle, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable Raphael E. Ferris, Council Member Honorable Sherman P. Lea, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Dear Mayor Bowers and Members of City Council: Subject: Request from the City of Roanoke to permanently vacate, discontinue, and close 0.1070 acres of right-of-way on the western side of Aviation Drive, N.W., varying in width up to approximately 25 feet and extending across. the existing entrance to the Roanoke Regional Airport from approximately 90 feet south of the entrance to approximately 150 feet north of the entrance. Planning Commission ~earing and Recommendation: Planning Commission public hearing was held on Thursday, October 21, 2010. Bya vote of 4-0 (Messrs. Futrell., Scholz and Van Hyning absent), the Commission recommends approval of the closure subject to the following conditions: 1. The applicant shall submit a subdivision plat ~o the Agent for the Planning Commission, receive all required approvals of, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Such plat shall combine all properties which would otherwise dispose of the land within the right-of-way to be vacated in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right-of-way, including the right of ingress and egress. 2. Upon meeting all other conditions to the granting of the application, the applicant shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the petitioner, and the names of any other parties in interest Members of City Council Page 2 November 15, 2010 who may so request, as Grantees. The applicant shall pay such fees and charges as are required by the Clerk to effect such recordation. 3. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant shall file with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. 4. If the above conditions have not been met within a period of one year from the date of adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. Respectfully submitted, ~~ Angela Penn, Chair City Planning Commission c: William M. Hackworth, City Attorney R. Brian Townsend, Assistant City Manager Members of City Council Page 3 November 15, 2010 Application Information Request: Permanent vacation of a portion of Aviation Dr, NW Adjoining Owner/applicant Roanoke Airport Commission/Christopher Morrill City Staff Person: Frederick Gusler, AICP Site Address/Location: 5202 Aviation Drive, NW Official Tax No. of adjoining 6590101 properties: Site Area: Approximately 4,660 square feet Existing Zoning: RM-1 Proposed Zoning: n/a Existing Land Use: Curb cuts into airport and green space Proposed Land Use: Same as above Neighborhood Plan: Williamson Road Area Plan Specified Future Land Use: Airport - Commercial Filing Date: 09/01/10 Background The City of Roanoke is requesting vacation of this portion of Aviation Drive, NW. The adjoining owner is the Roanoke Regional Airport Commission (RRAC), which will acquire this portion of right-of-way if vacated. The proposed vacation is needed for a project to provide a westbound connection between Town Square Boulevard and Aviation Drive and realign the entrance to the airport. Thirlane Road will connect to the new airport entrance street. The portion of right-of-way requested for vacation will become green space on the airport's property. As part of the project, the RRAC will dedicate as right-of-way a portion of its property located on the southeast corner of Aviation Drive and Town Square Boulevard (Tax Map # 6690101). Considerations Section 30-14(5) of the Code of the City of Roanoke provides the following standard for consideration of street and alley vacation requests: "Following the hearing before the city planning commission on an application to alter or vacate a street or alley, the commission shall report in writing to the city council whether in its opinion, any, and if any, what inconvenience would result if the application were approved by council, and the commission shall report and make a Members of City Council Page 4 November 15, 2010 recommendation to council as to whether the application should be approved." Vacation of the portion of Aviation Drive, NW will not prohibit or affect access to any other properties and will not change the current use of the property. The vacation will enable a realignment project to proceed that will improve the intersection and enhance connectivity. Surroundinq Zoninq and Land Use: Zoning District Land Use North AD, Airport District, CLS, Commercial Large Commercial Site South AD, Airport District Airport East AD, Airport District Airport West AD, Airport District Airport Compliance with the Zoninq Ordinance: Vacation of the portion of right-of-way will not impact the zoning map. Conformity with the Comprehensive Plan and Neiqhborhood Plan: The proposed vacation does not pose any conflicts with the future land use plans or transportation policies of the Williamson Road Area Plan or Vision 2001-2020, Roanoke's Comprehensive Plan. Action IN A6 of Vision 2001-2020 states: "Coordinate with state and regional transportation agencies to include revised design standards for new and existing public roadways." As the applicant's proposed realignment project is in partnership with VDOT, the request is consistent with the comprehensive plan. Public Utilities: Staff received comments from Verizon, Roanoke Gas and Appalachian Power Company. There were no objections to the proposed vacation. City Department Comments: None Public Comments: None Members of City Council Page 5 November 15, 2010 PlanninQ Commission Discussion: Mr. Chrisman asked if staff had plans to plant trees in this project. Hong Liu of the Transportation Division advised that there were a few areas of the site that they were considering planting trees in pending the budget. Ms. Katz asked if there would be ingress and egress onto Towne Square Boulevard. Staff advised that there would be. APPLICATION STREET OR ALLEY VACATION Date: q -1-) 0 if Original Application To: Office of the City Clerk Fourth Floor. Noel C Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Phone (540) 853-2541 Fax: (540) 853-1145 o Amended Application No. Aft submittals must be typed and include all required documentation and a check for the filing fee Application is hereby submitted for street or alley vacation for the property located at: Location and description of street or alley to be closed _ The portion of city-owned right of way to be vacated is located at the entrance to Roanoke Regional Airport located at 5202 Aviation Drive. More specifically, it lies on the western side of Aviation Drive and extends across the existing entrance to the airport. Proposed use of vacated street or alley: - An upcoming intersection project will reconfigure the entrance to the Airport as well as the _ intersections of Aviation Drive. Thirlane Road, and Towne Square Boulevard. Upon completion of the project, this portion of the right of way will no longer be needed. Ownership of this area will - be transferred to the Roanoke Regional Airport Commission. Name of Applicant/Contact Person Mailing Address: ~-Ct( ~ ~ ~"".e C l-~ I?OQJ'II~-<e VA 1-Ifo!, \ Telephone: (5l,\)) fD53 -~x I Applicant(s) signature(s)"--- - ~ '-- il [If\anClcJi2rc::2l,:;) (2hurc..h .~2.W, J I E-mail: 5 ..: .'~~ IU ~ o ~ fA ::) ... ~ en" :EL III In '* t Exhibit 2 Adjoining Property Owner Roanoke Regional Airport Commission 5202 Aviation Drive Roanoke, VA 24012 Tax Map No. 6590101 I - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - -- I I I I I I I I I I I I I I I I ! I I I I I I I I I I I I I I I I I I I I I I I I j I The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times CITY TRANSPORTATION DIVISION 1802 COURTLAND ROAD, NE ROANOKE VA 24012 REFERENCE: 80176049 12400267 Notice of PH - Aviat State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this __:2~_day of NOV 2010. Witness my hand and official seal. -~~~--- Notary Public ",\\1111111/11 .."" ~ LA Y-i? "" .. ^~ ....... '-<IA.', .... _,-V.' ,I'.,V' .. ~.' "'I\.?\~ '. , ... .,.,. ...,o,r . .. :: ti ;' \" 0'0\-.\0 ". ~ ~ =m: \' gog?,Q.. = . #1Cl. '\~ . 4: _ : : c,E.G. ,~'r..\'2J2>\'v : - = - ~ . P c;~''''\'' . < - :."7" ". ~ \:.~ ~ ..fl ;' C?; :: ~ G:'. .' .' ~ :: "; OAA..... .....<. ,...... "',?A" ..... \J" '" 'YIONWE~\.\\\ ,,' I" "\\' '1/1/111"\ PUBLISHED ON: 10/29 11/05 TOTAL COST: FILED ON: 374.40 11/05/10 NOTICE OF PUBLIC HEARING The Council of the City of Roanoke wlll.hold a public hearing on .Monday, I November 15, 2010, at : 7:00 p.m., or as soon I thereafter as the mailer I may be heard, in the Council Chambel,joulth floor, .in ,the ,Noel C. Taylor Municipal Buill!ing, 21,5 Church Avehue,-~.W., Roanoke, Virginia, to conslaiirthe'followlng: . Request from the.City of Roanoke to permanently , vacate, discontinue, and '.close 0.1070 acres of right-of-way on the western side of Aviation Drive, N.W., varying In width up to approximately 25 feet and extending aCloss the existing entrance to the Roanoke Regional Alrpolt from approximately 90 feet south of the entrance to. apjlroximately,1.50Ieet north of the entrance. I A copy of the application Is available for review In the Office of the City Clerk, i Room 456, Noel C. Taylor .IMuniciPal Building, 215 . Church Avenue, S.W., Roanoke, Virginia. 'I All parties In interest and citizens may appear on the . :above date and be heard on jthe mailer. If you are a .pelSon with .a disability who needs accommodations for Ithls hearing, please contact 'the City Clerk's Office, at . :853-2541, before noon on i ,the Thursday before the date of1,/ie healing listed above. , GIVEN under my hand this 27th day of October, 2010 Stephanie M. Moon, CMC City I Clerk. (12400267) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - -- Authorized~ . v4- Signature:_1'~~l'__ _ " Billing Services Representative l;:n~)Wd B~3/\OI".101[ >j;~31J IUD ~\~Q NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will hold a public hearing on Monday, November 15, 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 the City of Roanoke to permanently vacate, discontinue, and close 0.1070 acres of right-of-way on the western side of Aviation Drive, N.W., varying in width up to approximately 25 feet and extending across the existing entrance to the Roanoke Regional Airport from approximately 90 feet south of the entrance to approximately 150 feet north of the entrance. A copy ofthe application is available for review in the Office ofthe 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. GNEN under my hand this 27thday of October ,2010 Stephanie M. Moon, CMC City Clerk. City-vacate-A viation Drive.doc Notice to Publisher: Publish in the Roanoke Times on Friday, October 29, and Friday, November 5,2010. Send affidavit to: Stephanie M. Moon, CMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853-2541 PH Nov 2010 City-vacate-Aviation Drive.doc Send Bill to: Mark Jamison City Transportation Division 1802 Courtland Road Roanoke, Virginia 24012 540-853-5472 Mark.Jamison@roanokeva.gov 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 November 2,2010 CECELIA T. WEBB Assistant Deputy City Clerk Roanoke Regional Airport Commission 5202 Aviation Drive Roanoke, Virginia 24012 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 Monday, November 15,2010, 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 City of Roanoke to permanently vacate, discontinue, and close 0.1070 acres of right-of-way on the western side of Aviation Drive, N. W., varying in width up to approximately 25 feet and extending across the existing entrance to the Roanoke Regional Airport from approximately 90 feet south of the entrance to approximately 150 feet north of the entrance. This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to'the matter, please call the Department of Planning, Building and Development at 540-853-1730. If you would like to receive a copy of the report of the City Planning Commission, please call the City Clerk's Office at 540-853-2541. Sincerely, ~~~th, hffn-J Stephanie M. Moon, CMC . I City Clerk SMM:Ctw STREET CLOSURE REQUEST City of Roanoke Roanoke Regional Airport Entrance ) AFFIDAVIT ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: ) CITY OF ROANOKE The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 30th day of September, 2010, notices of a public hearing to be held on the 21 st day of October, 2010, on the request captioned above to the owner or agent of the parcels as set out below: Tax No. Owner Mailinq Address 6590101 Roanoke Regional Airport Commission 5202 Aviation Drive Roanoke, VA 24012 ~~drtvdL Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 30th day of September, 2010. ~A~ ('DcJJ!~ Notary PublIc REBECCA JO COCKRAM NOTARY PUBLIC Commonwealth of Virginia Reg. #166135 ~\~~\,^\( My CommissionExpires~ ~~L- IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of November, 2010. No. 39010-111510~ AN ORDINANCE authorizing the conveyance of a la-foot wide by 352.26-foot long above ground and underground utility easement across City-owned property located at 3527 Aerial Way Drive, designated as Tax Map No. 5210711R, to Verizon Virginia Inc., upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, the necessary documents providing for the conveyance of a 1 a-foot wide, by 352.26-foot long, above ground and underground utility easement, across City-owned property located at 3527 Aerial Way Drive, designated as Tax Map No. 5210711R, to Verizon Virginia Inc., to relocate a communication system in order to allow for benchcuts needed in connection with the Roanoke River Flood Reduction Project, Benchcuts 36 and 44, along Aerial Way Drive, as more particularly set forth in the City Manager's report to this Council dated November 15, 2010. 2. All documents necessary for this conveyance 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: ~l1I,mocW City Clerk . / CITY COUNCIL AGENDA REPORT To: Meeting: Subject: Honorable Mayor and Members of City Council November 15, 2010 Roanoke River Flood Reduction - Verizon Easement for Utility Relocation Background: The City and U.S. Army Corps of Engineers (USACE) are preparing to construct Benchcuts 36 and 44 along Aerial Way Drive in connection with the Roanoke River Flood Reduction Project. A Verizon Virginia, Inc., communication line needs to be relocated in order to perform the benchcuts. As part of the relocation process, Verizon is requesting the conveyance of an above and below ground easement on City owned property, designated as Tax Map No. 5210711 R. The length of the new easement is approximately 352.26 feet and the width of the easement is approximately 10 feet. The attached deed of easement and plat will allow for the relocation. Recommended Actions: Authorize the City Manager to execute and record, and the City Clerk to attest, respectively, on behalf of the City of Roanoke, the deed of easement to Verizon Virginia, Inc., substantially similar to the one attached to this letter, and any documentation required by the USACE and to take further action and execute such other documents as may be necessary for USACE approval of the flood reduction project, with such documents to be approved as to form by the City Attorney. CH PHER P. MORRILL City Manager Distribution: Council Appointed Officers Assistant City Manager for Operations Director of Public Works City Engineer VerizOll W. O. No.: 9A02621 VOOT PrGject No.: ROW Tracldnll No.:BCC-88B65-R Parcel No.: After Recording Mall To: VERIlON VIRGINIA INC.. 4843 OAKLAND BLVD ROANOKE VA. 24012 ~ Ver.70n Document Pre..red BY: VERIZON VIRGINIA INC. 4843 OAKlAND BLVD, ROANOKE VA 24012 TAX MAP PARCEL I.D. NO: 5210711 DEED OF EASEMENT THIS DEED OF EASEMENT made this _ day of .2010, by and between City Of Roanoke. herein after called Grantor and VERIZON VIRGINIA INC.. a Virginia corporation, its successors, assigns lessees and agents, herein after called Grantee WIT N E SSE T H: For and in consideration of One Doll~r ($1.00) cash in hand paid unto Grantor and for other good and valuable considerations, the receipt and sufficiency of which is hereby acknowledged, Grantor hereby grants and conveys unto Grantee, its successors, assigns, lessees and agents, a perpetual non-exdusive easement and right of way (the "Easementjto Install, construct, operate, maintain, inspect, improve, relocate, alter, replace and remove a communication system consisting of such buried cable, buried wires, posts, terminals, pedestals, vaults, conduits, manholes, handholes. and related above-ground facilities, including but not limited to, posts, terminals. location mar1<ers, cabinets, equipment housings. and other appurtenances (the "Fadlitiesj, as Grantee may from time to time require, upon, under, across and over Grantor's real property being located in the City of Roanoke Commonwealth of Virginia more particularly identified as 3527 Aerial Way Dr., (the "Property'') as shown and desaibed on a plat Identlfled as Exhibit "A", numbered, BCC-88865-R attached hereto and made a part hereof (the "Easement Area"). Said Easement is hereby granted and conveyed unto Grantee together with the following rights and covenants:. 1 Grantee shall have the right of ingress and egress over, upon and across the Property, including Grantor's private roads, to and from the communications system and Easement, including the right to temporarily open and close fences, for the purposes of exercising the rights herein granted. 2 Grantee shall have the right to trim, cut and remove trees, shrubbery, undergrowth and other obstructions within the Easement Area which interfere with or threaten the efficient and safe operation, construction or maintenance of it facilities or impedes the access thereto. 3 The communications systenrconstructed hereunder is and shall remain the property of the Grantee. Grantee shall have the right to inspect, rebuild, remove, repair, remove and relocate its communications system, or any part thereof, within the Easement Area, and may make such changes, alterations, substitutions, additions in and to or extensions of its facilities as it deems advisable without the prior consent ofthe Grantor. 4 During periods of actual construction, Grantee shall have the temporary right to use Grantor's property lying adjacent to the Easement Area 5 Notice to Landowner: You are conveying rights to a public service corporation. A public service corporation may have the right to obtain some or all of these Sheet 1 of 5 VerizGn w. O. No.: 9A02Ili21 VDOT Project No.: RON Tracld"il No.:8CC-88865-R Parcel No.: rights through exercise of eminent domain. To the extent that any of the rights being conveyed are not subject to eminent domain, you have the right to choose not to convey those rights and you could not be compelled to do so. You have the right to negotiate compensation for any rights that you are voluntarily conveying. 6 Grantee, its successors and assigns hereby agree to indemnity and save harmless Grantor, its officers, agents and employees from any and all claims, demands, damages, including death, and liability of every kind and nature whatsoever that arise solely from the acts or omissions of Grantee in exercising its rights granted herein. 7 Grantee, its successors and assigns agree to relocate Grantee's facilities, at Grantor's expense, to a new easement, suitable to Grantee and provided or obtained by Grantor at Grantor's expense, at the request of the Grantor, provided, however, that the new easement is provided or obtained and Grantor provides Grantee notificationofrequired relocation, in writing, at least ninety (90) days prior to required completion of relocation. 8 Grantor covenants that it is seized of the Property and has the right to convey the Easement, rights and privileges herein conveyed to Grantee and that Grantee shall have quiet and peaceable possession, use and enjoyment of the aforesaid Easement, rights and privileges hereby granted. 9 The Grantee, after constructing, inspecting or maintaining its facilities, shall restore the property as nearly as reasonably practicable to the condition of the property existing immediately prior to the commencement of the work to construct, inspect or maintain its facilities. Grantee shall be liable for all physical damages resulting from its own exercise of the rights granted hereunder, except where such damage is not attributable to the actions of the Grantee, including, but not limited to, those damages resulting from the forces of nature, and/or other causes beyond the control of Grantee; provided, however, that Grantee is notified of any damage in writing by Grantor within thirty (30) days of completion of Grantee's activity within the Easement Area. Sheet 2 of 5 Verizan W. O. Mo.: 9A02fi21 VDOT Project No.: ROW Tracking No.:8CC-8886S-R Parcel No.: IN WITNESS WHEREOF, the following signature(s) and seal(s): City Of Roanoke By: Print Name: Print Title: COMMONWEALTH OF VIRGINIA: County/CitY of I, : to wit: . a Notary Public in and for the jurisdiction aforesaid do hereby did personally appear before me and in the jurisdiction aforesaid this _ certify that acknOWledge the foregoing writing dated day of . 2010. My Commission expires: Notary Registration Number: Notary Public Sheet 3 of 5 VerUon W. O. No.: 9A02621 VDOT Project No.: ROW TnlCking No.:8CC-88865-R P..cel No.: Exhibit" An SEE ATTACHED SKETCH (SHEET 5) Site Plan Reference: VERIZON VIRGINIA INC. OWNER: City: RIGHT-OF-WAY PLAT City Of Roanoke Roanoke 215 Church Ave. TAX MAP NO. Roanoke, Va. 24012 5210711 - .. - .. -.. - DENOTES I( AND/OR RMI MAGISTERIAL .........------ LIMITS OF RIGHT-OF-WAY CONTACT TEL. NO.: (540) 853-5212 City of Roanoke E.A: Chris Perry GRANTOR: SH E-W N-S NVSM < PHONE NO.: 540-562-4600 CENTRAL OFFICE: GRANTOR: PLAT NO. 9A02621 BCC-88865-R Luck Sheet 4 of 5 ~"P'O"-0910.JI"Ollt~OllO \01 """l,\JIl.\L~090\800~\.lIui'''JP\r,. . . . uoaA8I..OI""91.IJI-Gua080 .... ~~i5 !~\2~.. ~I iSSl~ ~~ ~.. ~..~. .Ii ~ ~ ~ ~ II. ...fJr.~ ~(5 6 ~. fa ill:!:! ! ;il~ ~i~~!~ ~~~ ~I~~ ~ ~~Ii ~I~~~~~~ i~~.i~~1 ! nl.;!d!;ii;~I,II~~;~ ~~.. 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"'I::: ....~Q.. <:> ",I:c ~-~ -i!:ttS ~~~_ ~n"-'>< ~-~ "'.=- & tl&Cl:. ~ "'QJ ;..;: :::& e ~- -"'- <:t: '" "'0 U) ct -.J~ Cb ~ ----~c~ ~ - I~ .~ o 0 0 ~ l2 ": vi S :- ~ ~ g- el; ~ .I!! 2 Iii --' ::!i ~ 01: 0 0 0 lQ b II) ;::"'~ :~u ~~~ ~~~ .......0 !!!~V'I -. ..::;: ~~3 ~"'l3' "- ~ ~ ~ U lI) ~ ~ > ~ ~ ~ o 6 /0:;$1;1 <t:~> ~ ~~' l!~~ :Bc?CS .......~ ~~ Q.,~ u:f~ ~:1 :S~ ~~< lZl~Z lZl~_ <~O Cl)lX: ZcJ.,> ~a::l:.l.f ~~6 ~_Z ::;:>0< ,ZO ......tLl~ . \n --4.- (\ ~ ...9\0 r(+: () \J \J ~V1 i' ; The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times . \, - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + - - - - - - - - - - - - - - - - - - ,. ~.:,=-- - - CITY OF ROANOKE ENGINEERING ROOM 350 215 CHURCH AVE SW ROANOKE VA 24011 REFERENCE: 80171770 12408615 NPH-Verizon Virginia 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~gnia. Swo.rn ,and sUb,~cribed before me this __C)~day of NOV 2010. W'tness my hand and official seal. otary Public PUBLISHED ON: 11/05 \\111111'", ,\\ 'fiYAA '" " !I. \.T' Ivi,.(JJI,', ...' -, r ...... 'v', ....'^~ ", ~ -'. -:.. .. :::;;y .' ....,,~ '. l>f.. .. "" . 0,r G . ..,.. .. .: ...... .. ~ . ,o,>S ",roO.. -:. ~ a:' <?vv r;)'<> . &:- : CO : *1d~ :o"J~ ": z = :: : '-'0'~~S :_= . 0'>,.'V ,.f\\'l' S . (!) ~ - . ~_tN VV 0 . Ci:: ~ ~ """ '. ~\' ....'\ ' : '"' : .,.. '. -...:::. ..... ":.'. .' ~ ........ .., C'o. ". . . . '5 ... "'"/~IvtO~/WEp..0~.... ,,' """11"\\\ TOTAL COST: FILED ON: 215.28 11/05/10 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I !NOTICE OF PUBLIC I : HEARING I' Th~ City of Roanoke proposes .to"gr"arit"an ea se men t, wit h a n a'pproxlmate. width .of 10 feet and an approXimate, length of 352,26 feet, across City-owned property identified by.Official'Tax Map No. 5210711, located at 3527 .Aerlal Way Drive, to Verizon Virginia Inc., in order for Verizon .Vlrginia I n c, tore I 0 cat e a communication system to perform the benchcuts I nee, ded in connection with the Roanoke River Flood Reduction Project 1 Benchcuts 36 and 44 along Aerial Way Drive. Pursuant to the requirements of ~15.2-1800 and ~1813, . Code of Virginia (1950), as I amended,. notice is hereby \ given that the City Council of the City of Roanoke will I hold a public hearing on the above matter at its regular meeting to be held.on 'Nov'ember 15, 2010, fcommencing at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Ch u rchAve n ue,'S. W., Roanoke, Virginia. Further ,information is available I from the Office of the City "Clerk for the City of IRoan.oke at (540) \853-2541. Citizens shall have the '\opportun ity to be heard and express their opinions on said .matter. 'I If you area person With, a disability who needs laccommodatlons for this . hearing, please contact the i City Clerk's Office at (540) 1853-2541, before 12:00 noon on November 11, 12010. GIVEN under my hand this ! 1st day of November, 2010. Stephanie M. Moon, CMC : City Clerk. , I (12408615) . 1__ ~. --------------------------------------------------+------------------------ Authorized~'" ~ Signature'_~TY_ __ "" Billing Services Representative T2:T~l~ld :301\1]')01. :;J~l:1 AID 1J?0 NOTICE OF PUBLIC HEARING The City of Roanoke proposes to grant an easement, with an approximate width of 10 feet and an approximate length of 352.26 feet, across City-owned property identified by Official Tax Map No. 5210711, located at 3527 Aerial Way Drive, to Verizon Virginia Inc., in order for Verizon Virginia Inc. to relocate a communication system to perform the benchcuts needed in connection with the Roanoke River Flood Reduction Project Benchcuts 36 and 44 along Aerial Way Drive. Pursuant to the requirements of 915.2-1800 and 91813, 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 November 15, 2010, commencing at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. 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 November 11, 2010. GIVEN under my hand this 1st day of November ,2010. Stephanie M. Moon, CMC City Clerk. Notice to Publisher: Publish in the Roanoke Times on Friday, November 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: Luke Pugh Engineering Division 215 Church Avenue, S. W., Room 350 Roanoke Virginia 24011 (540) 853-5208 / 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 November 17, 2010 Mr. Frederick W. Thomas, Jr. 1607 Winborne Avenue, S. W. Roanoke, Virginia 24015 Dear Mr. Thomas: I am enclosing, copy of Ordinance No. 39011-111510 rezoning Official Tax No. 5140201 located at the intersection of Keagy Road and Crestmoor Drive, S. W., from R-12, Residential Single Family District, to MX, Mixed Use District, subject to certain proffered conditions, as set forth in the Zoning Amendment Application dated September 2,2010. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 15, 2010, and is in full force and effect upon its passage. Sincerely, f/~.;".;rY). Nt~ Stephanie M. Moon, CMC \.... City Clerk Enclosure Frederick W. Thomas, Jr. November 17, 2010 Page 2 pc: Donald W. Bandy, P. O. Box 4143, Roanoke, Virginia 24015 Linwood and Susan Deans, 44323 Belle Aire Circle, S. W., Roanoke, Virginia 24018 Sandra S. Puckett, 1318 Crestmoor Drive, S. W., Roanoke, Virginia 24018 Appalachian Power Company, 40 Franklin Road, S. W., Roanoke, Virginia 24011 Ole and Barbara Renick, 1201 Crestmoor Drive, S. W., Roanoke, Virginia 24018 HCA The Healthcare Company, 3529 Keagy Road, Salem, Virginia 24153 Braxton Naff, President, Greater Deyerle Neighborhood Association, 2131 Deyerle Road, S. W., Roanoke, Virginia 24153 Christopher P. Morrill, City Manager William M. Hackworth; 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 /t( I{i~ \ to '-7t,t- ~o\( IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of November, 2010. No. 39011-111510. 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 certain conditions proffered by the applicant; and dispensing with the second reading of this ordinance by title. WHEREAS, Frederick W. Thomas, Jr., has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the property located at the intersection of Keagy Road and Crestmoor Drive, . S.W., bearing Official Tax No. 5140201, rezoned from R-12, Residential Single Family District, to MX, Mixed Use District, subject to certain proffered conditions; WHEREAS, the City Planning Commission, after giving proper notice to all \ concerned as required by 936.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; . WHEREAS, a public hearing was held by City Council on such application at its meeting on November 15,2010, 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 rezoning; and . WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's O-Frederick Thomas-rezone wi th proffers. doc 1 Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject property, and for those reasons, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council ofthe 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. 5140201 located atthe intersection .' ' of Keagy Road and Crestmoor Drive, S.W., be, and is hereby rezoned from R-12, Residential Single Family District, to MX, Mixed Use District, subject to certain conditions proffered by the petitioner, as set forth in the Zoning Amendment Application dated September 2,2010. 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: ~ (Y). )yJ()OyJ City Clerk. . / O-Frederick Thomas-rezone with proffers.doc 2 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 November 15, 2010 Architectural Review Board Board of Zoning Appeals Planning Commission Honorable David A. Bowers, Mayor Honorable David B. Trinkle, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable Raphael E. Ferris, Council Member Honorable Sherman P. Lea, Council Member Honorable Anita J. Price, Council Member Honorable Court G. Rosen, Council Member Dear Mayor Bowers and Members of City Council: Subject: Request from Frederick W. Thomas, Jr., that property located at the intersection of Keagy Road and Crestmoor Drive, S.W., bearing Official Tax No. 5140201, be rezoned from R-12, Residential Single Family District, to MX, Mixed Use District, subject to certain proffered conditions, for the purpose of developing the property for general and professional offices and/or medical offices. The proposed general usage of the property is mixed density district with a floor area ratio of up to 1.0. The comprehensive plan designates the property for single family residential uses. Planning Commission Hearing and Recommendation: The Planning Commission held a public hearing on Thursday, October 21, 2010. By a vote 1-4 (Mr. Scholz voting for; Messrs. Chrisman and Williams, Ms. Katz, and Mrs. Penn voting against; and Messrs. Futrell and Van Hyning absent), the motion failed. The Commission found the application to rezone Official Tax No. 5140201 from R-12, Residential Single-Family, toMX, Mixed Use, to be inconsistent with the Greater Deyerle Neighborhood Plan. The proposed layout of the site furthers the development forms encouraged by the design principles of Vision 2001-2020 by locating buildings close to the frontage, de-emphasizing parking areas, and providing pedestrian accommodations. However, the Greater Deyerle Neighborhood Plan specifically recommends against commercial uses on Keagy Road, S.W. Members of City Council Page 2 November 15, 2010 Respectfully submitted, iln~ fZ-. Angela Penn, Chair City Planning Commission cc: William M. Hackworth, City Attorney R. Brian Townsend, Assistant City Manager Applicant Members of City Council Page 3 November 15, 2010 Application Information Request: Conditional Rezoning Owner/Applicant: Frederick W. Thomas, Jr. Representative: Balzer & Associates Inc. (Sean Horne) City Staff Person: Maribeth B. Mills Site Address/Location: Intersection of Keagy Road SW and Crestmoor Drive SW Official Tax Nos.: 5140201 Site Area: 2.209 Acres Total Existing Zoning: R-12, Residential Single-Family District Proposed Zoning: MX, Mixed Use District with Conditions Existing Land Use: Vacant Proposed Land Use: General and Professional Office Space and/or Medical Clinic Neighborhood Plan: Greater Deyerle Neighborhood Plan Specified Future Land Residential Single-Family Use: Filing Date: Original Application: September 2, 2010 Background The applicant requests that Official Tax Map No. 5140201 be rezoned from R-12, Residential Single-Family to MX, Mixed Use with conditions, for the construction of an office development. The proffered development plan and elevations depict two buildings fronting Keagy Road SW with parking located to the rear and accessed from both Keagy Road and Crestmoor Drive, along with right-of-way improvements, building configuration, building materials, lighting, signage, and screening. A large portion of the site would be left vacant due to an APCO power line easement prohibiting development on most of the parcel. The owner made a similar request in May 2007. The Planning Commission voted to recommend denial and the applicant withdrew the application prior to City Council's consideration.. Conditions Proffered by the Applicant The applicant requests that the following proffers be adopted as they pertain to Official Tax No. 5140201: 1. The property shall be developed. in substantial conformity with the development plan prepared by Balzer & Associates dated September 2, 2010 and attached hereto as Exhibit A ("Development Plan") subject to those changes which may be required by the City of Roanoke during comprehensive development plan review. Members of City Council Page 4 November 15, 2010 2. The front and rear buildings shall be developed in substantial conformance with the drawing entitled Crestmoor Gardens Exhibit 'C', dated September 2, 2010 prepared by Balzer & Associates Inc. Considerations Surroundinq Zoninq and Land Use: Zoning District Land Use North R-12, Residential Single- Vacant. Family District South R-12, Residential Single- Single-family residences and Appalachian Family District Power Company power lines. . East R-12, Residential Single- Single-family residences. Family District West HBD, Highway Business Lewis-Gale Medical Center. District (City of Salem) Compliance with the Zoninq Ordinance: The requirements proffered by the development plan and elevations go beyond the minimum requirements of the MX District to ensure the scale and character of the proposed development is compatible with surrounding residences. 1. Public right-of-way would be dedicated along Keagy Road and Crestmoor Drive to accommodate a 5-foot public sidewalk, 6-foot landscaping area with street trees, and curb and gutter. 2. Buildings would be a maximum of 35 feet in height with gable roofs, regular window and door openings, and a front fa9ade addressing Keagy Road. 3. Materials would be limited to asphalt or fiberglass shingles for the roof and brick, stone, wood, and fiber cement board for the siding. 4. Lighting would be limited to 12-foot traditionally-styled street lamps and decorative wall sconces with a maximum 0.5 foot-candle at the property line. 5. Freestanding signage would be limited to an externally illuminated monument style sign with 32 square feet of sign area and 6 feet in height. 6. Exterior equipment such as HVAC units would not be placed in the front yard of either building, whether on Keagy Road or Crestmoor Drive. 7. In addition to the required Type C buffer yard around the perimeter of the site, the parking area would be further landscaped from surrounding residences by 18 deciduous trees. Conformity with the Comprehensive Plan and Neiqhborhood Plan: Members of City Council Page 5 November 15, 2010 Vision 2001-2020 and the Greater Deyerle Neighborhood Plan encourage commercial development in appropriate areas. The neighborhood plan, however, specifically recommends against new commercial development along Keagy Road. A priority initiative and economic development policy of the plan encourages the maintenance of the current residential zoning on Keagy Road by discouraging further commercial development, specifically in the vicinity of Lewis Gale. The plan documents the neighborhood's opposition to creating new commercial zoning districts at the expense of residentially zoned land. The proposed development plan is consistent with the design principles of the City's Comprehensive Plan and the Greater Deyerle Neighborhood Plan for commercial development. The following policies of Vision 2001-2020 are relevant in the consideration of this application: . ED P6. Commercial development. Roanoke will encourage commercial development in appropriate areas (i.e. key intersections and centers) of Roanoke to serve the needs of citizens and visitors. The following policies of the Greater Deyerle Neighborhood Plan are relevant in the consideration of this application: . Community Design Policies: o Design: Future commercial development should adhere to the design principles of Vision 2001-2020. o New Development: Require new developments to incorporate amenities (e.g. sidewalks and curbs). o Parking: Paved parking spaces and impervious surfaces should be minimized. o Zoning: Maintain the current zoning districts as they are. If property owners request changes: · Evaluate rezoning requests based on the specific recommendations and guidelines of this plan. · Support rezoning requests that will allow for expansion on existing commercial or industrial properties without encroaching into residential areas. · Economic Development Policies: o Existing underutilized commercial properties should be developed or redeveloped before rezoning additional land for commercial use. o Limit commercial zoning to identified commercial areas. o Discourage further commercial development on Keagy Road in the vicinity of Lewis-Gale Medical Center. · Transportation and Infrastructure Policies: Members of City Council Page 6 November 15, 2010 o Curb, gutter, and sidewalk will be provided for all new developments. Conformity with Vision 2001-2020's Design Principles: Design Principles: Application's Conformity: Off-street parking should be located to Off-street parking has been proffered to the rear or side of buildings with the rear/side of the proposed buildings multiple vehicular entrances and interior and can be accessed from both Keagy landscaping. Road and Crestmoor Drive. Parking areas with 21 or more spaces must meet some of their 20 year tree canopy requirement within interior planting islands or peninsulas. Sidewalks should be provided on both A sidewalk has been proffered along sides of urban residential, urban Crestmoor Drive SW and Keagy Road collectors, downtown and arterial SW. streets. Planting strips should be used to A planting strip with street trees has accommodate street trees. been proffered between the proposed sidewalk and proposed curb/gutter. Visual clutter and excessive lighting Decorative lighting has been proffered should be discouraged. Signs should with a maximum height of twelve (12) be consolidated and attractively feet. Freestanding signs will be designed. monument style. Buildings should define the street The buildings are set at the minimum corridor and entrances should face the setback allowed in the MX District and street. have a public entrance facing Keagy Road. City Department Comments: The City's Development Review Coordinator, Danielle Bishop, found the existing conveyance channel that will handle the site's storm water discharge to be adequate. Public Comments: The Greater Deyerle Neighborhood Association discussed the request at their September 16, 2010, meeting. Approximately 24 people attended in addition to the applicant, two City Council members, and one person from City Planning staff. A vote was taken with 17 against and 7 in favor of the request. The Members of City Council Page 7 November 15,2010 Association's opposition to the request was also expressed in an email dated September 27,2010 from their President, Braxton Naff. Those against the request made the following comments. 1. The Greater Deyerle Neighborhood Plan specifically speaks against commercial zoning on Keagy Road to protect the residents of that street and surrounding areas. 2. Additional commercial development would invite traffic into the neighborhood. Like to see the entrance from Crestmoor Drive removed. 3. Commercial development is not an appropriate gateway into the neighborhood. 4. A precedent for more commercial zoning on Keagy Road and other parts of the neighborhood would be set. 5. Already an excessive amount of underused office space along Electric Road. Those for the request made the following comments. 1. Likelihood that the property will be used for the type of residential development desired by the neighborhood is slim due to the limitations of the site (dwellings would have to address Keagy Road due to the AEP easement). 2. Proffered building elevations are attractive with residential features that work well in the Deyerle neighborhood. 3. Enhance property values and create an attractive gateway into the neighborhood. The applicant's plans for the property should the rezoning request fail were also discussed. The applicant stated that a comprehensive development plan and subdivision plat had been submitted to the City in 2007 for four single-family dwelling units. The Planning Division received written correspondence from the following citizens in opposition to the request. . The Board of Directors for the Medmont Lake Association. Maintain current residential zoning on Keagy Road. . Troy J. Smith (3749 Chesterton Street). . Ann Miller (1748 Driftwood Lane). Protect the surrounding neighborhood from increased traffic, noise, and encroachment. · Victoria Thomas (5406 Medmont Circle). Rezoning would likely produce a domino effect of commercial zoning along Keagy Road which is contrary to the Greater Deyerle Neighborhood Plan. Notes that the plan was recently adopted in 2006 and that the construction of a new single-family home in 2008 at 3652 Keagy Road reinforces the appropriateness of Members of City Council Page 8 November 15,2010 residential zoning in this area. Also notes that the development would be detrimental to the rural character of the neighborhood, property values, and traffic. . John L. Harris III MS DDS (5423 Medmont Circle). Also stated that rezoning would create a domino effect of commercial zoning along Keagy Road and that support for the request was largely based on fear of the unknown. The Planning Division received the written correspondence from the following citizens in support of the request. . DarreJ L. and Sharron Cullop (1516 Lakecrest Court). . Lynn Hall (3481 Grandin Road). Proposed design and use of the development is appropriate for the location. · Agnis Chakravorty (3815 Mudlick Road). Proposed design and use of the development is appropriate for the location, especially considering that it would be permitted in Salem right across the street. . Robert David Bittle II (3561 Grandin Road). Recommends that porous material be used for the parking lot to allow rain water to be absorbed and that additional hardwoods be planted in the open space to the rear of the property. . Ming Cao (1302 Belle Aire Lane). Good project for the City and the neighborhood given the current economic climate. . Thomas S. Turner (4901 Greenlee Road). Highest and best use for a site that is inhibited by power lines. · Glen E. Dunville (5312 Medmont Circle). Many supporters of the request are the closest neighbors of the proposed site. . Robert G. and Bonny T. Lee (2312 Circle Drive). · Preston Waldrop MD (830 Keagy Rd). Best use of the property and provides a nice transition from the hospital to the neighborhood. Planninq Commission Public Hearinq: The applicant presented his request to the Planning Commission on October 21, 2010, noting the physical constraints of the subject property for residential development including the power line easement which would require any new construction to be located along Keagy Road and the zoning (HBD, Highway Business District) of the property across Keagy Road in the City of Salem. The following comments and questions were posed by the Planning Commission. 1. Ms. Katz questioned what the applicant had originally intended to do with the property since it had the same zoning and physical constraints at the time of purchase as it does today. The applicant responded that the property had been purchased for the construction of four single-family Members of City Council Page 9 November 15, 2010 rental units, which he could do by-right. Ms. Katz went on to state that this section of Keagy Road, between Braeburn Drive and Route 419, was quiet enough to support residential development and that the proposal was not consistent with the Greater Deyerle Neighborhood Plan. 2. Mr. Scholz asked staff how the Greater Deyerle Neighborhood Plan affected their recommendation on the request. Staff responded that the recommendation was heavily based on the plan as the layout of the development was consistent with the City's design principals. Mr. Scholz also stated that the proffered elevations may be more compatible with the neighborhood than the residential product that could be built by-right. 3. Mr. Williams asked if AEP had definitively denied the applicant's request to building within the easement. The applicant stated that they had. Mr. Scholz added that even if residential development could be constructed within the easement, that the value and desirability of the property would still be negatively affected by the presence of the power lines. 4. Mr. Williams stated this request was very similar to the Valley Bank request at the intersection of Keagy Road and Route 419 as the proposed office use provides a buffer between established residential development and more intense commercial development. He also stated that the domino effect would not be an issue if this property was rezoned due to the site's unique physical constraints. 5. Mr. Williams asked the applicant if he had any prospective tenants. The applicant responded that he had been in contact with a cardiologist and a dentist. He added that the buildings would not be constructed until tenants had been secured so the interiors could be outfitted for their requirements. 6. 'Mr. Chrisman stated that the subject property was viable for residential use, noting that the recent rezoning at Gatewood and McVitty was approved because that property fronted on Route 419. The following comments and questions were posed by the public at the Planning Commission's October 21, 2010 public hearing. 1. Mr. Braxton Naff (2131 Deyerle Rd. SW), President of the Greater Deyerle Neighborhood Association, stated that the neighborhood did not support the request as it is inconsistent with the recently adopted Greater Deyerle Neighborhood Plan and would set a precedent if approved. He also expressed concern with the entrance onto Crestmoor Drive, did not feel that this site shared any similarities to the Valley Bank request, and pointed out that the recently rezoned property at the corner of McVitty and Gatewood was still empty. Mr. Williams asked why this particular lot was identified for residential development when it was so physically impaired. Mr. Naff responded that this property was appropriate for residential development being situated between residential dwellings and a relatively quiet two-lane road. Members of City Council Page 10 November 15, 2010 2. Mr; Bob Caudle (4231 Belford St. SW) stated that going against the recommendation of the Greater Deyerle Neighborhood Plan sent a message to the neighborhood that the time they volunteered to create the plan did not matter. He also stated that this was a critical corner in defining the neighborhood's residential boundaries and that commercial encroachment would encourage vandalism and loitering. 3. Mr. John Merkwan (3539 Windsor Oaks Circle SW) agreed with Mr. Caudle in terms of the time and effort that went in to creating the neighborhood plan. He also stated that nothing had changed in the area to justify voting against the plan. 4. Mr. Tommy Jordan (1601 Riverdale Road, SE) stated the property taxes from commercial development were needed to keep residential property taxes low. He also stated that the proposed design was very nice and appropriate considering the physical constraints on the property. "4 k Department 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 II I "Click Here to Print I I Date: ISeptember 2, 2010 I ~!J~t~!II~!~!~'!eiliJ~~ o Rezoning, Not Otherwise Listed [&I Rezoning, Conditional o Rezoning to Planned Unit Development o Establishment of Comprehensive Sign Overlay District lerc)p~nrEi'hfom.~tli)n.!~t'~, Address: IKeagy Road S.W. Official Tax No(s).: 15140201 . Submittal Number: IOriginal Application o Amendment of Proffered Conditions o Amendment of Planned Unit Development Plan o Amendment of Comprehensive Sign Overlay District Existing Base Zoning: R-12, Residential Single-Family (If multiple zones, please manually enter all districts.) Ordinance No(s). for Existing Conditions (If applicable): INot Applicable Requested Zoning: IMX, Mixed Use I Proposed Land Use: General/Professional Office & Medical Offices o With Conditions [&I Without Conditions Name: IMr. Frederick W. ThomasJr. I Phone Number: I 767-4136 I I E-Mail: IChiP.Thomas@futherfoord.com Name: Isame As Above I Phone Number: I E-Mail: I I I Address: Applicanfs Signature: Address: Roanoke, VA 24018 Phone Number: I E-Mail: IShorne@Balzer.cc Name: 772-9580 I I CRESTMOOR GARDENS Narrative: The purpose of this request is to conditionally rezone Tax Parcel 5140201 from R-12 Residential to MX-Mixed Use to allow for the development of two office buildings containing general, professional, and medical offices. The property, owned by Frederick W. Thomas, Jr., is approximately 2.209 acres and is currently undeveloped with the exception of two AEP transmi$sion lines crossing the property. See attached exhibits for the legal descriptions and current survey information. The request to conditionally rezone the property is being made and provides voluntary conditions to be placed on the property that will require the property to be developed in a manner that is in keeping with the character of the surrounding area. The proffered development plan (Exhibit' A') indicates the improvements being made on-site. The proposed plan (Exhibit A) depicts two small office buildings fronting on Keagy Road. The proposed buildings are located close to the existing street network to promote pedestrian interaction. The parking required for the development is being designed to the rear of the buildings. Additional landscape screening is being provided to the east to further enhance the required buffer. around the property. This development pattern is encouraged in the City's Comprehensive Plan because it promotes a strong presence along the existing streets. The parking area will be screened from properties to the north and east by evergreen buffer material and other landscape plantings. The entrance drive will access an internal parking area. Additionally, approximately 50% of the site will remain undeveloped with this plan and will remain as a large open space. The green space helps preserve the existing character of the Greater Deyerle Neighborhood area and provides for a greener development. The architectural styling will promote a residential scale and character by featuring gable roofs with a maximum mean roof height of 35 feet. The buildings will also feature facades that provide materials, windows, porches and doors consistent with residential architecture. (Exhibit 'C') Sidewalks will be provided to the proposed buildings from Keagy Road and the internal parking area for pedestrian access. Building mounted lights will be limited to porch and decorative sconce lighting also reflecting a residential style. All signage will be monument style and will not be internally illuminated. Site lighting will be provided in areas where necessary to deliver safety for the patrons using the site. Site lighting will be pedestrian in scale with traditional styled street lamps and downward shielded light spread. See the attached exhibit indicating the style of site lighting. (Exhibit 'D') The site is located within the neighborhood planning district of the Greater Deyerle. Crestmoor Gardens exemplifies many of the qualities and attributes expressed within the neighborhood plan. The proposed development addresses neighborhood concerns as defined in the neighborhood plan by providing for sidewalks for pedestrian access and providing stormwater management for the site. There are also many core principles identified within the community design policy that are consistent with the proposed .:;.. development including incorporating new development that maintains the neighborhood character, mixed use development, sidewalk and curb amenities, and building orientation. Additional attributes include attractive streetscapes and limited parking impacts. This project will be served by public water located within the right of way of Crestmoor Drive and public sanitary sewer on-site. The site will also be developed in accordance with all applicable regulations including, but not limited to, the Roanoke City Zoning Ordinance. Proffered Conditions: The applicant hereby agrees to proffer the following conditions as they apply to Official Tax No. 5140201: 1. The property shall be developed in substantial conformity with the development plan prepared by Balzer & Associated dated September 2, 2010 and attached hereto as Exhibit A ("Development Plan") subject to those changes which may be required by the City of Roanoke during comprehensive development plan review. 2. The front & rear buildings shall be developed in substantial conformance with the drawing entitled Crestmoor Gardens Exhibit Ie', dated September 2, 2010 prepared by Balzer & Associates Inc. Vicinity Map City of Roanoke, Virginia BALZEQ \'\11 \_,,~'()("I \T~:"..I;\(' I.'~:" N ~ I. R_", .!' H,{'111117t' I ~ Ii ~('.I.-': iiI; Ii ,,". .~:u It \IF VetNS I !UlllllUlllilljUlI --- I SN30>M> "OOffiS3"O NVld lN31111d013A30 'VINJOOII\ '3)4QNVOO ~o A.1JO I~~~i~ dlnl i~1 ~W: ,.8.. O...~~ ~!-\l ~II~' : ~p. ~ d" ~I. "" 's" / iii ... '" F *' ).~I ' . ;-( :/ ~s ~t ~ i ~i ~i I' ~~ ~II ~ I~ " lill, 1!II'll III 111!ll II II . 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Top Series ~ Square DS1 .. .4............... - / '\ Round DS3 f:;t.:;te, Lenses a:\:.' C'le.---:Jf,' srnOOnl !)cry:ljc DS21uminciJre with Cent hon Roclcfofd Series Post FlI/" till' CiJ1Itp/c:tt'lillt' i!f po:'!;:', /lImilllli"~',.;..qrlll::, qt/I!!r pri)dlld'i Imd illci!' ;:,pl't4imtioll;., :iL'l' tlleANTlQU[ St'l!('/ Lll/IIIt:; Ctlt.1ltX Pg.5 ANTIQUE Street Llmps~ ..1s.~Ctm'....'( B1\LZER: ~ . ,.'. ". .'.'...'..... "." ....... '. , ~..... ,.. '. ...., ..' . .....; . ., .'..' .'. .1...: . >"1'10 ~SSO'OIATESli-lC... , \ l_ REFLECTING' TOMORRQW Adioinine: Property Owners of Tax Map # 5140201 City of Roanoke Tax #: 5140209 Property Address: Keagy Rd. SW Owner: Bandy, Donald W. Mailing Address: PO Box 4143 Roanoke, VA 24015 Zoning: R"12 City of Roanoke Tax #: 5140207 Property Address: 4323 Bell Aire Cr. SW Owner: Deans, Linwood H. & Suzanne R. Mailing Address: 4323 Bell Aire Cr. SW Roanoke, VA 24018 Zoning: R -12 City of Roanoke Tax #: 5170230 Property Address: 1318 Crestmoor Dr. SW Owner: Puckett, Sandra S. Mailing Address: 1318 Crestmoor Dr. SW Roanoke, VA 24018 Zoning: R-12 City of Roanoke Tax #: 5140112 Property Address: Crestmoor Dr. SW Owner: Appalachian Power Company Mailing Address: P.O. BOX 2021- Real Estate Management Roanoke, VA 24022 Zoning: R-12 City of Roanoke Tax #: 5140117 Property Address: 1201 Crestmoor Dr. SW Owner: Renick, Ole W. & Barbara M. Mailing Address: 1201 Crestmoor Dr. Sw Roanoke, VA 24018 Zoning: R -12 City of Roanoke Tax #: 5140111 Property Address: 3612 Keagy Rd. SW Owner: Mailing Address: Zoning: City of Salem Tax #: Property Address: Owner: Mailing Address: Zoning: City of Salem Tax #: Property Address: Owner: Mailing Address: Zoning: Meagher, Hugh A PO Box 21263 Roanoke, VA 24018 R-12 282-2-5 Keagy Road HCA The Healthcare Company 3529 Keagy Road 3533 Salem, VA 24153 HBD - Highway Business District 304.1-2 3550 Keagy Road J&K Keagy Road LLP 3550 Keagy Road Salem, VA 24153 HBD - Highway Business District ~ Ilt.~ o ':~~ ~oi' ii!m ~ ~lZ$ c:i I J:fK I t;qo!!,110205 ~ .ffAR1' :- q({I' 0..- , ~A I((JN:E: lfA..I'ltb. S l~J'~r ~ itAJ?u.;.~~"'4 '(S 75~' ,E: ACl1JAI. D.e. liii,'Cf..t. I(~ANO . 'rrE:~) Pa I I I , I ~ ,1 I~ ~/ /i ~ I I 1 200. 0 I ! ~:~J( PC. f18 , PC. ,251 / TAX I 514{)201 ) ~: . I ~: II ~' 01 ~: 1 ( R/W EX. D.B. PG. 166111"01' WAY E>>S11NG DEED BQOK PAGE alP PM:: APCO NOTES 1. 1HIS PROPERTY IS NOT LOCATED WITHIN THE UMITS OF A. 100 tE'AR FlOOO BOUNDARY,AS DESIGNATED BY FfMA. THiS OPINION IS BASED oN ANINSPECl10N OF THE FlOOD INSURANce RA TE MAP AND HAS NOT 1iEEN VERIFIED' IN THE F1ElD..SEE: COMMUNITY,PANn NO. 510130 000 O~ MAP NUMBER 51161.COOO D. DAtED OCroBeR 15, 1993. ZON~ .X. '2. TH/S:PLAT wAs' PREPARE1J WllHOUT lH~ BENfFlT OF A ClIRRENT71nE REPORT AND 'lHEM MAY EXIST ENCUMBRANCES 'MilCH AFffCT ,TH~ PROPeRTY 71tA 1; ARE NOT SHOWN HE/?EON.' ' J. lHIS PLAT WAS PREPARED IN ACCORDANce WITH THE REQUIREMENTS SET FORTH BY TH~ COMUONV€ALTH Of VlRGlNIA'FOR PHYSICAL IMPROVEMENT SUR\09S. ' ,. '4. LEGAL REFERENCE: O.B. 599, PG. 242-243- PI./'. T SHOWING 2..:~a9 AC. TAX # 5140201 BEING 'THE PROPER,TYOF FREDERICK WESLEY THOMAS, JR. LOCA TED A T 'THE fN'TCRSECT1.Q!4 .OF CRcSTMOOR DRIVE,S. W. 3& KEAGY ROAD, S. W. ROANOKE, VIRGINIA f.,'" "~'..,~,,._ L..,t.:.,'';;:' OOMM. NO~ 05.19!i ',SOAI.E:' ,1~.= 60~ , ,LUMSDEN ASSOCIATES, P:-t~. : :~NGINEERS~SURVEYORS~PLANNERS ,'ROANOKE, VIRGINI,A 'DAres July 25. 2005 PHONE: (5401 7744411 FAX: (540) 772.9445 [-MAIL: MAIL@LUMSOEf'!PC.!=pM w,\df8WlnIl8\2005\OS19SX"&ur\051911PLdwll REFLECTING TOMORROW Roanoke City Tax Map Number 5140201 Beginning at a Point at the northeasterly intersection of the northerly Right-of-Way line of Crestmoor Drive, S.W. (40' Pl,Jblic Right-of-Way) and the easterly Right-of-Way line of Keagy Road, S.W. (Variable Width Public Right-of-Way); thence along the easterly Right-of-Way line of Keagy Road, S.W. N13036'07"E, 314.81 to a point at the southwesterly comer of N/F Donald W. Bandy (Instrument #0600.11638, Tax Map #5140209); thence leaving the Right-of-Way line of Keagy Road, S.W. and continuing along the southerly line of said Bandy property S76<'23'53"E, 339.00 feet to a point on the westerly line of N/F Linwood H. & Suzanne R. Deans (Instrument #030011237, Tax Map #5140207); thence leaving the line of said Bandy property and continuing along the westerly line of said Deans property S13036'OTW, 253.00 feet to a point at the northerly intersection of the northerly Right-of-Way line of Belle Aire Circle, S.W. (40' Public Right-of-Way) and the northerly Right-of-Way line of Crestmoor Drive, S.W.; thence leaving the line of said Deans property and continuing along the northerly Right-of-Way line of Crestmoor Drive, S.W. N86043'53'W, 344.59 feet to the POINT OF BEGINNING containing 2.209 acres more or less as'shown on survey entitled "Plat showing 2.209 Ac. Tax # 5140201 Being the Property of Frederick Wesley Thomas, Jr." prepared by Lumsden Associates, P.C. dated July 25, 2005. PLANNERS . ARCHITECTS . ENGINEERS . SURVEYORS ROANOKE . RICHMOND . NEW RIVER VALLEY . SHENANDOAH VALLEY 1208 Corporate Circle. Roanoke. Virginia 24018. (5401 772-9500. FAX (540) 772-8050 WYVW.balzer.cc TRAFFIC STUDY (Turn Lane Warrants) FOR CRESTMOOR GARDENS ON KEAGY ROAD ROANOKE CITY, VIRGINIA DATE: September 2, 2010 B&A PROJECT #R1000016.00 REFLECTING TOMORROW PLANNERS ARCHITECTS ENGINEERS SURVEYORS 1208 Corporate Circle Roanoke, Virginia 24018 Phone(540) 772-9580 >> Site Location: Tax Parcel # 5140201 }> Existing and Future Daily and Peak Hour Traffic: Keagy Rd: Roanoke City staff provided traffic counts for this section of Keagy Rd (see Attachment 1). The counts were taken 3/26/07 through 4/2/07 (location of counters at 3640 Keagy Rd). The AADT for this particular count was 5,111 veh/day, total for both directions. An average was taken (based on 72-hour consecutive count data) to determine the peak hour directional volumes. In summary: AM Peak Hr = 7:00-8:00 AM Eastbound = 222 veh/hr Westbound = 234 veh/hr PM Peak Hi = 4:00-5:00 PM Eastbound = 274 veh/hr Westbound = 281 veh/hr T raffle Study 1 Keagy Commons, Roanoke City March 4, 2010 Crestmoor Dr: Similar current count data was provided by City staff. However, upon further investigation it was concluded that the data was incorrect, possibly due to overhead power lines. City staff proVided historical data that indicates an AADT of 934 veh/day, total for both directions. Without available, accur~te peak hour data, it was assumed that 10% of the daily traffic occ~rred during ,the peak hours. The average daily traffic volumes on, this s~cti~n of Keagy, Rd and adjacent streets have remained fairly constant over the last 10-15 years, based on historical average daily traffic volumes provided by Roanoke City staff. However, to provide a conservative analysis, an annual growth rate of 2% was employed to bring the numbers to the current planning year of 2010. The existing peak hour traffic data for the adjacent street network is illustrated in the figure below. Existing Peak Hour Traffic Data (2010) Traffic Study Keagy Commons, Roanoke City March 4, 2010 ,2 ~ Potential Site Generated T raffle: This trip generation calculation was based on a development plan created by Balzer and Associates Inc; (please see Attachment 2). The policies and procedures found in the Institute of TransportatioD Engineers (ITE) Trip Generation Manual, 7th Edition, were employed to deterinine the potential site-generated traffic volumes ,for' the proposed, development. Traffic volumes for the average weekday and weekday peak hours of the adjacent street traffic are , provided and illustrated in the Table and Figure below, respectively. ...J TRIP GENERATION AM PEAK HOUR PM PEAK HOUR DAILY (Note: Medical Office was used for the entire development as a baseline for the most intense user with the highest traffic generation of professional offices.) Note that itwas assumed that 75% of ingress movements are expected to utilize the access point on Keagy Rd, while 25% of ingress movements are expected to use the Crestmoor Dr access point. The directional distribution assumed for ingress movements from Keagy Road is nearly 50%, based on the traffic count data provided by City staff. A directional distribution of 50% was assumed for Crestmoor Dr because of the lack of peak hour information. The figure below depicts the potential site-generated ingress turning movements used for the turn-lane warrants analysis herein. Traffic Study Keagy Commons, Roanoke City March 4, 2010 3 Projected Peak Hour Site-Generated Traffic Data ~ Turn-Lane Requirements: The analyses to determine future turn-lane requirements at the intersections of the two proposed access points and Keagy Rd and Crestmoor Dr were done so by following the procedures and methodologies found in the VDOT Road Design Manual, Volume I, Appendix C. Riaht- Turn Lane from NB Keaav Rd to Site AM Peak Hour Analysis: - 10 vehicles per hour turning right into site from Keagy Rd - Total 2010 Approach Volume = 236 + 1 0 ,~ 246 VPH Keagy Rd NB -- Right-turn lane requirement, as per VDOT Road Design Manual, Appendix C: Radius Required (please see Attachment 3). Traffic Study Keagy Commons, Roanoke City March 4, 2010 4 PM Peak Hour Analysis: - 5 yehicles per hour turning right into site from Keagy Rd - Total ~010 APWo~cl').v9Iume = ~91 + 5 = 2~6 VPH Keagy Rd NB '...: Right-turn lane requirement; as per VDOT RbadDesign Manusl, Appendix C:' . . . Radius Required (please see Attachm~nt.3). , . . . . ,., ., ,'. ... ;. .. ~ " .~ ~~'<:'.., . ". . ,..: " , Left- Turn Lane from SB Keaav Rd to Site AM PeakH'o~r'Ai1~iysis: .' ,:' '., ' " :. ,', . .:." .' ,. I " . - 11 vehicles per hour tuming left into site from Keagy Rd - Opposing Volume = 236 VPH Keagy Rd NB - Advancing Volume = 248 VPH Keagy Rd SB -- Left-turn lane requirement, as per VDOT Road Design Manual, Appendix C: No Left-Turn Lane Required (please see Attachment 3). PM Peak Hour Analysis: - 6 vehicles per hour turning left into site from Keagy Rd - Opposing Volume = 291 VPH Keagy Rd NB - Advancing Volume = 298 VPH Keagy Rd SB -- Left-turn lane requirement, as per VDOT Road Design Manual, Appendix C: No Left- Turn Lane Required (please see Attachment 3) Riaht- Turn Lane from WB Crestmoor Dr to Site AM Peak Hour Analysis: - 1 vehicle per hour turning right into site from Crestmoor Dr - Total 2010 Approach Volume = 50 + 1 = 51 VPH Crestmoor Dr WB -- Right-turn lane requirement, as per VDOT Road Design Manual, Appendix C: Radius Required (please see Attachment 3). PM Peak Hour Analysis: - 1 vehicle per hour turning right into site from Crestmoor Dr - Total 2010 Approach Volume = 50 + 1 = 51 VPH Crestmoor Dr WB -- Right-turn lane requirement, as per VDOT Road Design Manual, Appendix C: Radius Required (please see Attachment 3). T raffle Study Keagy Commons, Roanoke City March 4,2010 5' ~ - ,.. ~ ~'. Left- Turn Lane from EB Crestmoor Dr to Site AM Peak Hour Analysis: ,; . ," !* 6 vehicles, per hour turning left into. site 'trom Crestmoor Dr '" '.:. Opposing-Volume == 50 VPH Crestmoof Dr we - Advancing Volume = 50 VPH Crestmoor qr Ee -'-Left:.tutn.lane requirement, as pefVf)Or"RdadD~s"'gri ManiJal,'Append.ixC:"':. ' . 'lYoJeff-Tu,.ti:'LaneR~quirec1.(plt9ase,'se~'Attachinent~) ,". .. o. ~ .'; , PM .p~ak Hour Analysis: - 3 vehicles per hour turning left into site from Crestmoor Dr - Opposing Volume = 50 VPH Crestmoor Dr WB - Advancing Volume = 50 VPH Crestmoor Dr EB -- Left-tum lane requirement, as per VDOT Road Design Manual, Appendix C: No Left-Turn Lane Required (please see Attachment 3) Intersection Keagy Rd & Site Access Right-Turn Lane Requirements AM Peak PM Peak Hour Hour Left-Turn Lane Requirements AM Peak PM Peak Hour Hour Radius Req'd Radius Req'd ; ,(' ::~~;,'.:~~ ,~:'" None Reg'd rl~:;':r;~~;r:X<"; '... ;;~:<.: :~,~L~,-,,_o t' None Req'd Crestmoor Dr & Site Access Radius Req'd None Req'd ~ Summary: Based on the data provided. the assumptions made, and the potential site-generated traffic, the results of the analysis are: · A right-turn radius is warranted on the site access drive off of both Keagy Rd and Crestmoor Dr; · A left-turn lane is not warranted at either access point from Keagy Rd or Crestmoor Dr; · The existing adjacent infrastructure network should be sufficient for the proposed development. Traffic Study Keagy Commons, Roanoke City March 4. 2010 6 Ml2m . ATTACHMENT' 1 TRAFFIC DATA Traffic Study Keagy Commons, Roanoke City March 4, 2010 7 f(f:AGY 613 Nu-Metrics Traffic Analyzer Study Computer Generated Summary Report City: Roanoke Street: Keagy rd A study of vehicle traffic was conducted with HI-STAR unit number 8314. The study was done in the Keagy i,a~t B<l 10 lane at Keagy rd in Roanoke, Va in NC97 Bin county. TITe study began on Marl26/2007 at 1lr:D'O!1iO' AM and concluded on AprlO2J2007 at 10:00:00 AM, lasting a total of 168.00 hours. Traffic statistics were recorded in 60 minute time periods. The total recorded volume showed 17512 vehicles passed through the location with a peak volume of 279 on Mar/30/2007 all11:00-12:00] and a minimum volume of 2 on Mar/28/2007 at [02:00-03:00]. The MDT count for this study was 2,502. SPEED Chart 1 lists the values of the speed bins and the lolal traffic volume for each bin. At least half the vehicles were traveling In the 31 - 36 MPH range or lower. The average speed for all classifed vehicles was 34 MPH with 98.77% vehicles exceeding the posted speed of 25 MPH. The HI-STAR found 0.48 percent of the total vehicles were traveling In excess of 55 MPH. The mode speed for this traffic study was 31MPH and the 85th percentile was 39.09 MPH. < 11 16 21 28 31 36 41 46 51 56 61 66 71 76 to to to to to to to to to to to to 10 to to 10 15 20 25 30 35 40 45 50 55 60 85 70 75 > 0 81 124, 545 3403 7524 3953 n2 131 43 13 8 7 5 3 CHART 1 CLASSIFICATION Chart 2 lists the values of the classification bins and the total traffic volume accumulated for each bin. Most of the vehicles classified during the study were Passenger Vehicles. The number of Passenger Vehicles In the study was 15961 whIch represents 96 percent of the total classified vehicles. The number of Vans & Pickups In the study was 620 which represents 4 percent of the total classified vehIcles. The number of Busses & Trucks In the study was 0 which represents 0 percent of the total classified vehIcles. The number of Tractor Tallers In the study was 31 which represents 0 percent of the total clssslfle4 vehicles. . < 10 1,2 14 16 18 20 40 10 to to to 10 to to to 9 11 13 15 17 19 39 > 0 5867 4356 3332 1789 617 620 31 . CHART 2 HEADWAY Duling the peak traffic period, on Mar13012007 at [11 :00-12:00J the average headway between vehicles was 12.857 seconds. During the slowest traffic period, on Mar/2812oo7 at [02:00-03:ooJ the average headway between vehicles was 1200 seconds. WEATHER The roadway surface temperature over the period of the study varied between 44.00 and 89.00 degrees F. The HI-STAR d,etermlned that the roadway surface was Dry 100.00% ofthe time. AprI04/2OO7 08:13:18 AM Page: Date/TimeNolumefAverage SpeedlTemperature Report HI-Star 10:8314 Begin: Marl26l2007 10:00:00 AM End: Apr/02f2J)07 10:00:00 AM Slreet: Keagy rei Lane: Keagy East Bel 10 Hours: 168.00 Slate: Va Oper: CJM Perlod:60 City: Roanoke Posted: 25 Raw Count: 17512 County:NC97 Bin MDT Factor: 1 MDT Count: 2,502 Date Roadylay And Period Average Roadway Surface Time Range Volume Speed Temperature WetlDry Mon,Mar/2612007 [10:00.11 :ooJ 59 26 MPH 6BF Dry (11:()(}.12:00J 251 33MPH 6BF Dry [12:()(}.13:001 211 34 MPH 80F Dry (13:0().14:ooJ 199 33 MPH 80F Dry (14:0()'15:ooJ 198 34 MPH 7BF Dry (15:0()'16:oo) 220 35MPH 80F Dry (16:00.17:ooJ 275 34 MPH 76F Dry [17:oo-18:ooJ 161 35 MPH 74F Dry [18:()(}.19:ooJ 92 34 MPH 70F Dry [19:00.20:001 75 34 MPH 68F DIy [20:00.21:001 57 33 MPH 66F DIy [21 :OO-22:ooJ 32 33 MPH 64F Dry [22:00.23:00] 22 33 MPH 64F Dry [23:00-00:ooJ 7 32 MPH 62F Dry Mon,Marl26l2OO7 1859 34 MPH 71 F TU8,MBli271'lOO7 [00:00-01 :00] 4 38MPH 62F Dry [01 :OQ.02:ooJ 6 28 MPH 60F Dry [02:00-03:00] 6 39 MPH 60F Dry [03:00-04:00] 4 32 MPH 60F Dry [04:00-05:00) 15 33MPH 60F Dry (05:0lJ.06:00) 94 33 MPH 60F Dry [06:00-07:ooJ 195 34MPH 60F Dry [07:00.o8:ooJ 227 33 MPH 62F Dry AprJ0412oo7 08:12:34 AM Page: Date/Timeivolume/Average Speed/Temperature Report HI-Star 10: 8314 Begin: Marfl6l2oo710:00:oo AM End: Apr/02I2007 10:00:00 AM SlIeet:Keagy rei Lene: Keagy East Bd 10 Hours: 168.00 Slale:Va Oper: CJM Perlod:60 Cily: Roanoke POlled: 25 Raw Count 17512 County:NC97 Bin MDTFaclor:1 MDT Count: 2,602 Date Roadyiay And Perfod Averag~ I Roadway Surface TIme Range Volume Speed Temperature WetlDry TU8.Mar127/2oo7 [08:0l).()9:oo) 189 34 MPH 58F Dry [09:00-10:00) 147 33MPH 72F Dry [10:00-11 :00) 183 34 MPH 76F Dry [11:00-12:00) 269 34MPH 76F Dry [12:00-13:00) 199 34 MPH 89 F Dry [13:00-14:00) 206 34MPH 83 F Dry [14:00-15:00] 229 33MPH 82F Dry [16:00-16:00) 237 34 MPH 82F Dry [16:00-17:00) 277 33 MPH 80F Dry [17:00-18:00) 169 34 MPH 76F Dry [18:00-19:00) 116 35 MPH 74F Dry [19:00-20:00) 73 34 MPH 72F Dry [20:00-21 :00) 68 35 MPH 70F Dry (21:00-22:00) 35 36MPH 68F Dry (22:00-23:00) 14 35MPH 88F Dry (23:00-00:00) 4 35MPH 88F Dry Tue.Mar/27/2007 2966 34I11PH 70F Wed.MarI2l112oo7 (00:00-01 :00] 6 32MPH 66F Dry (01 :00-02;001 ....,. ^. -..- - 5"- - - - --36NIPlr -MY" - -DrY - (02:00-03:00) 2 29 MPH 64F Dry l03:00-04:OOJ 4 32 MPH 64F Dry [04:00-05:00) 16 32 MPH 62F Dry (05:Q0..08:oo) 80 33 MPH 60F Dry Apr/04l2oo7 08:12:34 AM Page: 2 DatelTimeNolume/Average SpeedlTemperature Report HI-Slar 10:8314 Begin: Mad26mlO7 10:00:00 AM End: Apr/02I2007 10:00:00 AM SlreetKeagy rd lane: Keagy East Bd 10 Hours: 168.00 Slate:Va Oper: CJM Period: 60 City:Roanoke Posted: 25 Raw Count 17512 County; NC97 Bin MDT Factor: 1 AMJT Count: 2,602 Dale Roadway And Period Average Roadway Surface Time Range Volume Speed Temperature We1IDry Wed.Mar/2812oo7 [06:00.07:ooJ 212 34 MPH 60F Dry (07:oo-o8:ooJ 212 34 MPH 64F Dry [08:00.09:001 172 33 MPH 66F Dry (09:0()"10:00J 148 34 MPH 70F Dry (10:00-11:001 181 34MPH 74F Dry [11:00-12:001 262 33 MPH 76F Dry (12:oo-13:00J 205 34 MPH 85F Dry (13:00-14:001 237 '33 MPH 82F Dry (14:00-15:001 190 33 MPH 74F Dry (15:0()"16:ooJ 196 34 MPH 70F Dry [16:00-17:ooJ 268 34MPH 68F Dry [17:00-18:ooJ 157 33MPH 66F DIy (18:00-19:001 98 33MPH 66F DIy (19:00-20:00] 82 34MPH 64F Dry [20:00-21 :00) B6 35 MPH 64F Dry [21 ;O()"22:00) 32 33 MPH 64F Dry (22:00-23:00] 24 34 MPH 64F Dry [23:00-00:001 3 33 MPH 62F Dry Wed,MarI28I2oo7 2848 33MPH 67F Thu.Mar12912oo7 (00:0o..01 :001 2 29 MPH 62F DIy (01 :00-02;001 3 32MPH 62F Dry (02:00-03:00) 3 26MPH 58F Dry (03:00-04:00) 7 28 MPH 58F Dry Apd04fZOO7 08:12:34 AM Page: 3 Date/TimeNolume/Average Speed/Temperature Report HI-Star 10:8314 Begin: Mar/26J2007 10:00:00 AM End: AprlO2J2oo7 10:00:00 AM Street:Keagy rtI lane: Keagy East Bd 10 Hours: 168.00 State: Va Oper: CJM Period: 60 City: Roanoke Posted: 25 Raw Count: 17512 County: NC97 Bin MDT Factor: 1 MDT Count: 2,502 Date Roadway And Perlod Average Roadwa~ I Surface TIme Range Volume Speed Temperature Wet/Dry Thu.MarI29/2007 (04:00.05:00] 11 34 MPH 56F Dry (05:oo-o6:ooJ 74 34MPH 56F Dry [06:oo-o7:ooJ 206 34 MPH 54F Dry [07:00.08:00] 227 33 MPH 54F Dry [06:lIll-D9:oo) 167 34 MPH 54F Dry [09:00-10:00) 157 33MPH 56F Dry [10:00-11 :00] 173 33MPH S6F Dry [11:00-12:00) 250 34 MPH 60F Dry [12:00-13:00] 211 34 MPH 62F Dry [13:00-14:00] 199 34MPH 66F Dry (14:00-15:00] 196 34MPH 68F Dry [15:00-16:00] 245 35MPH 66F Dry [16:00-17:00] m 34 MPH 64F Dry (17:00..18:00) 155 34MPH 62F Dry [18:00-19:00] 105 34 MPH 58F Dry {19:00.20:00] 83 33 MPH 58F Dry {20:00-21 :00] 74 34 MPH 54F Dry (21 :OO-22:OOJ 31 35 MPH 54F Dry (22:00-23:00] 15 35MPH 52F Dry (23:00-00:00] 6 35 MPH 52F Dry Thu.Mar/29/2OO7 2a77 34 MPH 58F Fri,Mar/30J2007 {OO:00-D1 :00] 5 34 MPH 52F Dry [01 :00-02:00] 2 34MPH 50F Dry AprlO4I2OO7 08: 12:34 AM Page: " DatelTimeNolumeJAverage SpeedlTemperature Report HI-Star 10: 8314 Begin: Marl26J2oo7 10:00:00 AM End: Aprl02l2007 10:00:00 AM Street: Keagy rd Lane: Keagy East Bd 10 Hours: 168.00 State:Va Oper: CJM Period: 60 City: Roanoke Posted: 25 Raw Count: 17512 Counly:NC97 Bin MDT Factor: 1 MDT Count 2,502 Dale Roadway And Period Average Roadway Surface Time Range Volume Speed Temperature WellDry FrI,Mar13012oo7 [02:00-03:00] 5 34 MPH 50F Dry [03:00-04:00] 6 31 MPH 48F Dry [04:00-05:00] 12 36 MPH 48F Dry [05:00-06:00] 88 34 MPH 46F Dry [06:00-07:00] 196 34MPH 44 F Dry (07:0D-08:oo] 203 35 MPH 48F Dry (08:0Q.Q9:oo] 198 34 MPH 48F Dry [09:00-10:00] 183 34 MPH 52F Dry (10:00-11 :00] 195 33 MPH 52F Dry [11:00-12:00] 279 33 MPH 58F Dry [12:00-13:00] 250 34 MPH 66F Dry (13:00-14:00) 228 34 MPH 76F Dry [14:00-15:00] 238 35 MPH 70F Dry (15:0D-16:oo) 261 34MPH 70F Dry , [16:00-17:00] 263 33MPH 68F Dry [17:00-18:00] 166 34 MPH 68F Dry [18:00-19:00) 109 35 MPH 64F Dry [19:00-20'.00] 81 34MPH 60F Dry [20:lJO..21:oo) 69 34 MPH 58F Dry (21 :0D-22:00] 50 33 MPH 56F Dry (22:0D-23:00] 36 35MPH 56F Dry [23:00-00:00] 13 36MPH 56F Dry frl,Marl30/2007 313& 34MPH 57F Sat.Mar/3112007 AprJ04l2oo7 08:12:34 AM Page: 5 Date/TimeNolume/Averag,e Speed/Temperature Report HI-Slar 10:8314 Begin: Marl2612007 10:00:00 NIl End: AprlO2l2oo7 10:00:00 AM Slreel:Keagy rd Lane: Keagy East ~ 10 Hours: 168.00 State:Va Oper:CJM Period: 60 Clty:Roanoke Posled: 25 Raw Count 17512 County:NC97 Bin MDT Factor: 1 AAf)T Count: 2,502 Date Roadway And Period Average Roadway Surfacs Time Range Volume Speed Temperature Wet/Dry Sat,Marl31/2007 [00:00-01:00) 11 31 MPH 54F Dry [01 :00-02:00) 5 32 MPH 54F Dry [02:00-03:00) 5 33 MPH 52F Dry [03:00.04:00) 6 34MPH 52F Dry [04:0~5:00) 7 35 MPH 52F Dry [05:00-06:00] 36 34MPH 52F Dry [06:00-07:00] 44 34 MPH 52F Dry [07:00-08:00) 81 35 MPH 56F Dry [08:00.09:00) 98 34 MPH 56F, Dry [09:00-10:00) 143 35 MPH 56F Dry [10:00-11:00) 122 34 MPH 58F Dry [11:00-12:00) 147 35 MPH 64F DIY (12:00-13:00) 112 34 MPH 74F Dry [13:00-14:00) 139 34 MPH 76F Dry [14:00-16:001 133 34 MPH 76F Dry (15:00.16:00] 136 34 MPH 88F Dry [16:00-17:00] 145 34 MPH 66F Dry [17:00..18:00) 121 35MPH 64F Dry (18:0(1..19:00) 69 34MPH ,- 62F Dry [19:OO-20:ooj 65 33 MPH 62F Dry [20:00-21 :00) 56 33MPH 60F Dry [21 :00-22:00] 36 34MPH 60F Dry [22:0D-23:oo] 33 35MPH 601" Dry (23:??-oO:00] 11 34 MPH 58F Dry AprfO.4l2OO7 08: 12:34 NIl Page: 6 ,Ii:: DatelTimeNolume/Average Speedrre!1lperature Report HI-Star 10:8314 Begin: Mar/2612OO7 10:00:00 AM End: Apr/02I2oo7 10:00:00 PNI Street:Keagy ra Lane: Keagy East Bd 10 Hours: 168.00 Slate: Va Oper: CJM Period: 60 City: Roanoke Posted: 25 Raw Count: 17512 County: NC97 Bin MDT Factor. 1 MDT Count 2,502 Date Roadway And Period Average Roadway Surface TIme Range Volume Speed Temperature WetlDry SalMar/31l2oo7 Sat,Mar/31I2oo7 1761 34MPH 60F Sun,Aprf01/2oo7 [oo:Oo..01:00J 10 36MPH 58F Dry (01 :00-02:00) 5 31 MPH 56F Dry [02:00-03:00) 5 35 MPH 56F Dry [03:00-04:00) 3 30 MPH 56F Dry (04:00-05:ooJ 9 35 MPH 56F Dry (05:00-06:00] 21 36 MPH 56F Dry [06:00-07:00) 28 34 MPH 56F Dry [07:00-08:00] 38 34 MPH 56F 01'1 [08:0ll-09:00] 61 34MPH 60F Dry [09:00-'0:00] 64 35MPH 62F Dry [10:00-11 :00) 71 35MPH 68F Dry [11:00-12:00) 124 35MPH 68F Dry (12:oo.13:OO) 118 34MPH 70F Dry [13:00-14:00) 112 34MPH 70F Dry [14:00-15:00) 86 36MPH 70F DIy [15:00-16:00) 93 35 MPH 68F Dry [16:00-17:00) 97 34MPH 68F DIy [17:00..18:00] 89 35MPH 66F Dry [18:00.19:ooJ 82 34MPH 84F Dry [19:OQ.20:00) 38 33MPH 62F Dry [20:00-21:00) 33 34 MPH OOF Dry [21 :oo.22:ooJ 20 34 MPH 60F Dry AprlO4l2007 08:12:34 AM Page: 7 Date/T.lmeNolume/Average SpeedlTemperature ~eport HI-5tar 10:8314 Begin: Marl26/2007 10:00:00 AM End:AprI02I2OO710:00:00 AM Street: Keagy rd Lane: Keagy East Bd 10 HO\lIB: 168.00 State: Va ' Oper: CJM Period: 60 CIty: Roanoke Posted: 25 Raw Count: 17512 County: Ne9l Bin MDT Factor: 1 MDT Count: 2,502 Dale Roadway And Period Average Roadway Surface Time Range Volume Speed Temperature WeUDry SUn.APrI0112007 (Z2:00-23:00) 19 31 MPH 58F Dry (Z3:00-00:00) 6 30 MPH 58F Dry Sun,Apr/0112007 1230 34MPH 62F Mon,Apr/02/2007 (00:00-01 :00) 4 27 MPH 56 F Dry [01:00-02:00} 4 24 MPH 56F Dry (02:00-O3:00) 4 29 MPH 54F Dry [Q3:oo-04:oo) 2 38 MPH 54F Dry (04:00-05:00) 12 36 MPH 54F Dry (05:00-08:00) 71 35 MPH 54F Dry (06:00-07:00] 205 33 MPH 56F Dry (07:00-08:00) 199 35MPH aOF Dry (08:00-09:00] 172 34MPH 62F Dry (09:()()'10:oo) 162 33MPH 64F Dry Mon.APr102l2OO7 835 34MPH 57F Mar12612OO710:00:00 AM Apd{J2/2007 10:00:00 AM 17512 34MPH 63F AprlO412oo7 08:12:34 AM Page: a \<~AGY vJ~ Nu-M.etrics Traffic Analyzer Study Computer Generated Summary Report City: Roanoke Street: Keagy rd A study of vehicle traffic was conducted with HI-STAR unit number 3007. The study was done In the Keagy ~ 9 lane at Keagy rd In Roanoke, Va in NC97 Bin county. The study began on Mar/26/2007 at 1O:OO:mi' AM and concluded on Apr/02l2007 at 10:00:00 AM. lasting a total of 168.00 hours. Traffic statistics were recorded in 60 minute time periods. The total recorded volume showed 18261 vehicles passed through the location with a peak volume of 302 on Mar/27/2007 at [15:00-16:00] and a minimum volume of 2 on Aprl01/2007 at [00:00-01 :00]. The MDT count for this study was 2,609. SPEED Chart 1 lists the values of the speed bins and the total traffic volume for each bin. At least half the vehicles were traveling In the 36 - 41 MPH range or lower. The average speed for all c1assifed vehicles was 37 MPH with 98.67% vehicles exceeding the posted speed of 25 MPH. The HI-STAR found 1.06 percent of the total vehicles were traveling In excess of 55 MPH. The mode speed for this traffic study was 36MPH and the 86thperoentlJe was 42.16 MPH. < 11 16 21 26 31 36 41 46 51 56 61 66 71 76 to to to 10 to to 10 10 to to 10 10 10 10 to to 15 20 25 30 35 40 45 50 55 60 65 70 75 > 3 109 130 371 1700 5709 6861 2628 521 112 33 23 9 11 5 I CHART 1 CLASSIFICATION Chart 2 lists the values of the classification bins and the total traffic volume accumulated for each bin. Most of the vehicles classified during the study were Passenger Vehicles. The number of Passenger Vehicles in the study was 17667 which represents 97 percent of the total classified vehicles. The number of Vans & Pickups in the study was 534 which represents 3 percent of the total classified vehicles. The number of Busses & Trucks in the study was 0 which represents 0 percent of the total classified vehicles. The number of Tractor Tallers in the study was 24 which represents 0 percent of the total classified vehicles. . . < 10 12 14 16 18 20 40 10 10 to to 10 to to to 9 11 13 16 17 19 39 > 0 8202 4137 ~ 1476 514 534 24 CHART 2 HEADWAY During the peak traffic period, on Marl27/2007 at [15:00-16:00] the average headway between vehicles was 11.881 seconds. During the slowest traffic period, on Apr/01/2007 at [00:00-01 :00] the average headway between vehicles was 1200 seconds. WEATHER . The roadway surface temperature over the period of the study varied between 44.00 and 85.00 degrees F. The HI~STAR detennlned that the roadway surfaca was Dry 100.00% of the time. Apr/04/2007 08:09:49 AM Page: 1 DatelTimeNolume/Average SpeedlTemperature Report HloSlar 10:3007 Begin: Marl26f2OO7 10:00:00 AM End: AprlD2l2D07 10:00:00 AM Street Keagy rd Lane: Keagy west Bd 9 Hours: 168.00 State:Va Oper: CJM Period: 60 City: Roanoke Posted: 25 Raw Count 18261 County:NC97 Bin MDT Factor: 1 MDT Count 2,609 Dale Roadway And Period Average RoadWay Surface Time Range Volume Speed Temperature WetIDl}' Mon,Marl26l2oo7 , [10:OQ..11:00) 29 28 MPH 6BF 01}' [11 :00-12:00) 229 35MPH 72F Dry [12:00.13:00) 220 37 MPH 80F 01}' [13:00.14:ooJ 198 36 MPH 78F 01}' [14:00-15:00) 242 36MPH 76F Dry [15:OQ..16:001 277 36 MPH 78F Dry [16:00-17:001 267 37MPH 76F DI}' [17:00.18:00) 181 38 MPH 72F Dry [18:00.19:00J 108 38MPH 70F Dry [19:00-20:001 57 36 MPH 68F Dry [20:00-21:00] 28 37MPH 66F Dry [21 :OO-22:ooJ 26 36 MPH 64F Dry [22:00-23:00] 20 37MPH 64F 01}' [23:00-00:ooJ ,16 34 MPH 62F 01}' Mon.MarI26/2007 1896 36MPH 71F Tue.Mar12712OO7 [00:00-01 :OOJ 6 32 MPH 62F 01}' [01 :00-02:ooJ 5 32 MPH &OF 01}' [02:00-03:00] 3 30 MPH 60F 01}' [03:00-04:00) 5 34 MPH 60F Dry (04:00-05:001 29 34 MPH &OF Dry (05:Q0.06:oo) 73 36 MPH 60F 01)' (06:00-07:00) 249 37 MPH 60F Dry [07:00-Q8:ooJ 236 36 MPH 62F Dry AprlO412OO7 08:10:31 AM Page: DatelTimeNolume/Average SpeedlTemp'erature Report HI-Slar 10:3007 Begin: Mart2612007 10:00:00 AM End: Apr/02I2007 10:00:00 AM Street Keagy rd Lane: Keagy west Bd g Hours: 168.00 State:Va Oper: CJM Period: 60 CIty: Roanoke Posted: 26 Raw Count: 1~61 County: NC97 Bin MDT Factor: 1 MDT Count: 2,609 Date RoadWay And Period Average Roadway Surface Tune Range Volume Speed Temperature WetlDry DatelTimeNolume/Average Speed/Temperature Report HI-Star 10:3007 Begin: Marl26/2OO7 10:00:00 AM End: AprJ02/2007 10:00:00 AM Street: Keagy rei Lane: Keagy waslBd 9 HaulS: 168.00 Slate: Va Oper:~JM Period: 60 CIty: Roanoke Posted: 25 Raw Count 18261 County: NC97 Bin MDT Factor: 1 MDT Count: 2,609 Date Road~ And Period Average Roadway Surface Time Range Volume Speed Temperature WeIIDry Wed,Marl2812007 [06:()()'()7:001 228 36MPH 6U Dry [07:00.08:00] 236 37MPH 62F Dry [08:00.09:00] 170 37 MPH 64F Dry [09:00-10:00) 164 37 MPH 68F Dry [10:00-11 :00) 227 36MPH 72F Dry 111:00-12:00] 217 36 MPH 76F Dry [12:00-13:00) 208 37 MPH 83F Dry (13:00-14:oo} 213 36 MPH 80F Dry [14:00-15:00) 256 35 MPH 72F Dry [15:00-16:001 286 36 MPH 70F Dry [16:00-17:00] 273 36 MPH 68F Dry 117:00-18:00) 154 37 MPH 66F Dry [18:00-19:00] 99 36MPH 66F Dry [19:00-20:00] 59 37 MPH 84 F DIy [20:00-21 :oo} 51 3tlMPH 64F Dry [21 :00-22:00] 17 34MPH 64F DIy [22:00-23:00) 24 31MPH 64F Diy [23:??.oo:00) 11 36MPH 64F DIy Wed.Marl28l2OO7 3009 36MPH 67F Thu.Marl29J2007 [00:00-01 :00) 8 34 MPH 62F Dry [01:00.02:00) 3 40MPH 62F Dry [02:Q0..03:oo] 5 30 MPH 58F Ory [03:004J:00) 6 33 MPH 58F Dry Apr/04l2oo7 08:10:31 AM Page: 3 DatelTlmeNolume/Average Speed/Temperature Report HI-Slar 10:3007 Bagln: Marl261200710:oo:oo MIl End: AprlO212007 10:00:00 AM Street: Keagy rd lane: Keagy west Bel 9 Hours: 168.00 Slale:Va Oper. CJM Period: 60 City: Roanoke Posted: 25 Raw COLDlI: 18261 County: Ne97 Bin MDT Faelor. 1 AJlJJT Count: 2,609 Dale Roadway And Period Average Roadway I Surface Tune Range Volume Speed Temperature WeUDry Thu,Marl2912OO7 [04:00~5:00J 27 37 MPH 56F Dry [05:oo'()6:00} 57 36 MPH 56F Dry [06:00~7:oo) 214 36 MPH 54F Dry [07:00-08:oo} 231 36 MPH 54F Diy [08:00-09:00) 172 36 MPH 54F Dry [09:00-10:00) 166 36 MPH 54F Dry [10:oo-11:oo} 212 35 MPH 56F Dry [11:oo-12:00} 289 37 MPH 58F Dry [12:00-13:00) 232 37 MPH BOF Dry [13:00-14:001 203 37 MPH 64F Dry [14:00-15:00] 247 36 MPH 64F Dry [15:00-16:00] 267 37 MPH 60F Dry [16:00-17:00} 278 37MPH 58F Dry .' [17:00-18:00] 171 37 MPH 5BF Dry [18:00-19:00} 93 35MPH 56F Dry [19:00-20:00] 68 36MPH 54F Dry 120:00-21 ;00] 52 36MPH 52F Dry (21:00-22:001 30 38 MPH 52F Dry [22:00-23:001 18 39MPH 52F Dry [23:00-00:00] 12 35MPH 50F Dry Thu,MarI29l2007 3061 38MPH 57F FrI,Mar/30J2oo7 [00:00-01 :oo} 10 39MPH 48F Dry [01 :00-02:00] 5 36MPH 48F Dry Apd04/2007 08:10:31 AM Page: 4 DatelTimeNolume/Average Speed/Temperature Report HI-5tar 10:3007 Begin: Marl26l2oo7 10:00:00 AM End: AprlO2I2007 10:00:00 AM Street Keagy rd Lane: Keagy west Bd 9 Hours: 168.00 , State: Va Oper: CJM Period: 60 City: Roanoke Posted: 25 Raw Count: 18261 County: NC97 Bin MDT Factor: 1 MDT Count: 2,609 Dale Roaclway And Period Average Roadway Surface TIme Range VoIuine Speed Temperature WellOlY Frf,Mar130l2oo7 [02:oo..Q3:oo] 5 40 MPH 46F Dry [03:00-04:00] 4 40MPH 46F Dry [04:00-05:00] 20 37 MPH 44 F Dry [05:00-06:00] 72 36 MPH 44F Dry [06:00-07:00] 234 36 MPH 44 F Dry [07:00-08:oo} 230 38MPH 46 F Dry [08:00-09:00] 186 36 MPH 48F Dry 109:00-10:00] 175 36 MPH 50F Dry [10;00-11 :00] 215 37 MPH 52F Dry 111 :00-12:oo} 298 36 MPH 66F Dry [12:00-13:00] 234 37 MPH 76F Dry [13:00-14:00] 225 37 MPH 70F Dry [14:00-15:00] 277 37 MPH 66F Dry [15:00-16:001 265 37 MPH 66F Dry [16:00-17:00] 252 37 MPH 64F Dry [17:00-18:00] 179 37 MPH 62F Dry [18:00-19:00] 111 38 MPH 60F Dry [19:00-20:ooJ 70 37 MPH 58F Dry {20:00-21 :00] 63 38MPH 56F Dry [21 :00-22:00] 34 36MPH 56F Dry [22:00-23:00] 28 '39MPH 56F Dry [23:00-00:00] 21 38MPH 56F Dry I-n,Marl3Ol2oD7 3213 37 MPH 55F Sal,Mar131/2007 AprlO4l2oo7 08:10:31 AM Page: 5 Date/TimeNolume/Average Speed/Temperature Report HI-Star 10: 3007 Begin: Mar/2612oo7 10:00:00 AM End: AprlO2J2JJ07 10:00:00 AM Street: Keagy cd Lane: l<sagy west Bd 9 Hours: 168.00 State: Va Oper:CJM Period: 60 City: Roanoke Posted: 25 Raw Count 18261 County: NC97 Bin MDT Factor. 1 MOT Count 2,609 Date Roadway And Period Average Roadway Surface Time Range Volume Speed Temperature WellDry Sat,MarI31/2007 [00:00-01 :ooJ 10 34 MPH 54F Dry [01 :00-02:00J 4 36 MPH 54F Dry [02:oo-03:00J 3 32MPH 52F Dry (03:00-04:ooJ 3 37MPH 52F Dry (04:00-05:ooJ 8 36 MPH 52F Dry (05:00.o6:00J 16 38 MPH 52F Dry [06:00-07:00) 63 37 MPH 52F Dry (07:00-08:ooJ 93 37 MPH 54 F Dry [08:00-09:00) 123 38 MPH 56F Dry [09:oo-10:ooJ 154 37 MPH 56F Dry [10:00-11:ooJ 145 37 MPH 56F Dry (11 :00-12:ooJ 140 38 MPH 64F Dry [12:00-13:ooJ 129 38 MPH 74F Dry (13:00-14:00J 132 38 MPH 72F Dry (14:00-15:ooJ 117 38.MPH 72F Dry (15:00-16:OOJ 117 37 MPH 66F pry (16:011-17:00) 125 36 MPH 66F Dry (17:00-18:00) 104 37MPH 64F Dry [18:00-19:00] 85 36 MPH 62f Dry [19:~20:oo) 55 36MPH 62f Dry '" (20:00-21:00] 41 37 MPH 60F Dry (21 :00-22:00) 38 37 MPH 60F Dry (22:00.23:ooJ 29 35MPH BOF Dry (23:00-00:00) 6 37 MPH 58f Dry AprJ04I2oo7 08:10:31 AM Page: 6 j DatelTimeNolume/Average Speed/Temperature Report HI-Slar 10: 3007 Begin: Mar126J2OO7 10:00:00 AM End: AprlO2J2OO7 10:00:00 f>JIl Street: Keagy III lane: Keagy west Bd 9 Hours: 168.00 Slale:Va Oper. CJM Period: 60 City; Roanoke Posted: 25 Raw Count: 18261 County: NC97 Bin MDT Faclor.1 MDT Count: 2.609 Dale Roadway And Period Average Roadway Swface rune Range Volume Speed Temperatura WellDry Sal.Mar131/2oo7 Sal.MarI3112007 1740 37 MPH 60F Sun,Apr/0112007 [00:00-01 :00] 2 31 MPH 58F Dry [01 :00-02:00) 9 36 MPH 56F Dry [02:00-03:00J 5 36 MPH 56F Dry [03:00-04:00] 5 30 MPH 56.F Dry [04:00-05:00] 6 39 MPH 56F Dry [05:00-06:00J 15 35 MPH 56F Dry {06:00-07:00] 42 37 MPH 56F Dry [07:oo-08:ooJ 50 39MPH 56F Dry [08:00-09:ooJ 98 37MPH 58F Dry (09:oo-10:00J 105 37 MPH 60F Dry [10:00-11 :00) 84 36MPH 84F Dry {11:00..12:ooJ 112 39MPH 64F Diy {12:00-13:00J 123 36MPH 66F Dry {13:00..14:001 113 38 MPH 66F Dry [14:00-15:00] 107 38 MPH 68F Dry [15:00-16:00] 93 39MPH 66F Dry {16:00-17:001 105 37 MPH 66F Dry [17:00-18:00] 87 37 MPH 84F DiY (18:00-19:ooJ ' 89 37 MPH 62F Dry [19:00-20:00) 50 36MPH 62F Dry. 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C; ... ... ... i ... ... ... ... ... N(\j~.,...,..~ !~ CD ::! g i " ~ ~~ m ... 8J I I lEI l;; I I 0 ~ I ~ /-<( g I ~ 01 ~ ;5!~ 01 01 ... 01 ~ Cl) ~ ... ... 0 ... ... ... ... ... ... ..... I :c ~ I I I I ~ i j M 1! 1! 1! I 0' "' e ~ ... 1! 1!~ .Ii i ~ ~ ... ! III ! ~ I~ ~ 111 ::! ::! ~ :E ~! -- w ::E "" o UlO ~~ u::i: ~m.5 ~ jjl g ~m! j l!l~E ~ ;I~ ~ ~ I ff i !!~~ << 1I1I u .s1ilD.1II : Un '2 IO~B'-' .c , t !' .t . ~, DE I:.'E S 5.=~.= !I! ...J:: ~ 6 ~ Ii fI)..J".:l ~ ~tO ~ 0 zf=mf= ATTACHMENT 2 CONCEPT PLAN Traffic Study Keagy Commons, Roanoke City March 4, 2010 8 . .~\ lllli JIIIIII fill '111'i1f !1!li~II'11 jl', III II Ifll!1 I III f ' 11lllliM!.I!I! *lllt 11~1111111' , :illl j:!!l:lr 1* ,I' , III Il!lillli 1IIIIil!l! il'!l~li ,i I' 11;1 I' !Il ',II !lil~illiilil!lil ilIUIlII,), Ig Ii ,1~.il~1 fb i1d;h !iI6!11; . .. . . II illlll, I III 11111;1 lId. 1 ','I Ii 11111'1, 'i!i:,IIIJlail ,b ' I ; :' c. ( .il~J:.-. .~. J~J\ ~;"..,:. '~~.!It~ '"';~BI .....;,.~, 'lhll~r 'd~' '-' ..j~I~~I~ jmi,"\:, ; ').' ~"-, '0::::' ,,.' i~I-'-0 .,.:,-' ~, , " ' ',' , ,l.'l,' Ii r 'j.. i"i ,.~ "l'l .' .,~ ,.' ~~ i I~: '/ , ~( , ~~ f -t, ~,~{" " \.' ._,;;,.~",,_......; . I ,:;"H.~M';"< idl ,ill~~ l;1;~ ~~-, R" / / \:v .I; ~ '...,.,x ~ll h XA' !I )> l'~''','.'~''..l.i 1'.,.1 j I~ ',,',' 1: .. ~ It!! k ; ,Iilrl~ , CAESTMOQFlC3AI3DEtilS , " ~L~PlAN Crrv OF~. _lA' ~"illllllllllllllll !Jllll , " ATTACHMENT 3, VDOT TURN-LANE NOMOGRAPHS Traffic Study Keagy Commons, Roanoke City March 4,2010 9 ~ . 2010 ANALYSIS - AM PEAK HR INTERSECTION OF" KEAGY Ro & SITE ACCESS a: 8 ::z: ffi Q. ~ (.) ffi > I ~ ~ (!) ZE > f 80 .. .... .....~ :.:.:-:.:.:. ...".... ::::;:::::::::::.:- . ::::: ~; ::::: ::: ::::: ::::: ':':::::::::::.:::::::::::::~::., ::::: ~: :::: :::: ::::::::: ::: :::::: .:.: ::::: :::::: :::: :::: ::::: ::: ::: :::: :::::: ::':" jlllilll!l!!!ll'lirjl~i:~Jb.:.... . ....::;:;..TAPER.FIEQuiR.Eo.;:;:;:;:;:::;:::::;:;:::;:::;::::.... . ..'<::>?'::i!~It~~r~!lil~:i.'JIIII!!lllllllli!II!~tii[tM:t~~i:~~ . ',: .::::::~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~::: ',' .::;:::::::::::::::::::::::::::: :::::;::;::::::::::: 60 RADIUS REQUIRED 700 PHV APPROACH TOTAL. VEHICLES PER HOUR FIGURE 0-1-8 GUIDELINES FOR RIGHT TURN TREATMENT (2-lANE HIGHWAY) 2010 ANALYSIS - PM PEAK HR INTERSECTION OF KEAGY Ro & SITE ACCESS II: 8 % ffi 0.. ~ i en ! ;:) .... ~ (!J it > :x: 0.. 80 '. .... ::::::.. ... ..:::::::~::. .. .. ::::::::::::::::::::..... ::::;:::: :::::: ::::: :!::::.. =...... :::::::::::::::::::::::=:::::::::.::. .. ::::::::::::~:::::::::::::::::::::::::::..:. .......:.:.:...~.:.:...:.:.:.....:.:.:.:.:...:... -.:':.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:-".:.. :itfi~lllllllllrlllIr.fll!I~~hk':. . ..:.: TAPER REQUIRED ::::::::::::::::::::::::::::::::::::: .'.:::~:iri:~~:!!f~I'lllIllt'11111:i~lllf.t:mHHffi .. ..:.:.:.:.:.:. :.:.:.:. :.:.:. :.:.: .:.:.:.:.:. :.:.:.: .:.: .:.:.:.:.:-... ....:::::: ::::::::::: :::::::::: :::::::::::: ::::::::::::::;::::: .. -.:::::::;::::::::::::::: ::::;::::::::::::::::::::::.. ......... .. .... ...,. .... ..... ... 60 40 RADIUS REQUIRED 100 FIGURE C-1-8 GUIDELINES FOR RIGHT TURN TREATMENT (2-LANE HIGHWAY) :r: Q. > - w ~ ;:) ..... o > (!) :z va o D.. a. o o > 2010 ANAl.:.YSIS - AM PEAK HR INTERSECTION OF KEAGY Ro & SITE ACCESS 800 1 I, I , 9.; '" . ~ l " GrAd_. U~.'9ft..ll..4 %nter..ctl L . . t..tt 'r.\&r_ 1ft V 700 B . B~or&9. Lenvth B~ulred V . <co ..ph (Operatlfto/o..IOR . L - 1St ~" 600 ~ ~ 500 ..,. 0 ".... 400, 300 5=100" t.1Ca. --- Re uire 100 : ,0 ,~ '\. 'if. ,..: ., " " " .0 I 0 "' .. ., , 0 20 400 600 800 1000 ADV AhCING VOLUME (VPH) on. 8C>ud I A FIGURE C-1-1.2 2010 ANALYSIS - PM PEAK HR I NTERSECTION OF KEAGY Ro & SITE ACCESS - 800 , " 01' ~.. UneI9ft.ll..d lft~.r.~ti L .. . r..et '1"\&1'_ 11\ '( ::x: 700 8 . 8co...q. Leftq'h ~ulrecl Q.. y . 40 .ph (Op_ratlav/o..lqft > L .. 8_ w 600 ~ ~ ;:) " 0 .... .... 500 '" 0 0 > "... t!) 400. Z - S=100" Ul 30 ~l 'L<<\\I Left-Turn Q.. 'N 0 ane R. utre o 200 0 > 100 ' ,* " " , " , '.'~ ?, 0 ") . . " 0 200 ~1& 400 600 800 1000 V; -.- ADV AhCING VOLUME VPH) -. - Sp,," ) A ( FIGURE C-'-1.2 2010 ANALYSIS - AM PEAK HR INTERSECTION OF CRESTMOOR DR & SITE ACCESS a: ~ f5 Q. ~ ~ ui i ~ ~ CJ a: ~ Q. PHV APPROACH TOTAL. VEHICLES PER HOUR FIGURE C-1-8 GUIDELINES FOR RIGHT TURN TREATMENT (2-LANE HIGHWAY) 700 2010 ANALYSIS - PM PEAK HR INTERSECTION OF' CRESTMOOR DR & SITE ACCESS a: 8 ::c ffi 0. ~ ~ ui i ~ ~ (!) a: f 80 '. .... ::::::;..... ..::::.:.:.:.... . ~~;~f~;~i~~i~~~:E:::::: . . .:.:::::::::::::::::~::::::::::.:.. ;;;;l~~1~;;~;~~~;~~~~;~;;;;~;;t:::::... . :.:::::::::::::: :::: ::::::: :::::: ::::::::::: :::::::::: . ;;i~1~1;1~;;;;1~;;;1~;~1;1~m~t1;~~1t~1~~;~;~~1;;;;;;:~::.... . "i':':-:-:' :.:.:. :.:.:.:.:.:.:.:.:..: .:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.... ~~~illl~lllr~llllllillt~~~Mk... ., TAPER REQUIRED '.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.: 60 40 RADIUS REQUIRED 20 700 PHV APPROACH TOTAL, VEHICLES PER HOUR FIGURE C-1-8 GUIDELINES FOR RIGHT TURN TREATMENT (2-LANE HIGHWAY) 2010 ANALYSIS - AM PEAK HR INTERSECTION OF" CRESTMOOR DR & SITE ACCESS ',;' - :c Q.. > - 800 ,.. .. , " '" Or"d.. Une19nal1&ed lntenfliu .. . t L4ft ~rft. ift V 700 . . 8 . Stor.v. LeRvth ~uired V' . 40 .ph (Op.r.tlnv/o.s1vft L . th. 0 60Q ~ " ~ 500 .... 0- ~... 400, 300 5=1000' . 'No l e ft- T urn lane Re uire 200 " , " ....~ 100 ". - <'>' ., ..... >- ,~ ~ :1\- . ,;~ ~ >>I < " ;,. ~ ,-",' II " l~ 1r"'X '. . ,.,' , " ,.;.'; l~ ";:; " .<< i..F~!. , .. '. l .'1. '.' ' . "" 1f'l.('" '.. ',,0, .,~ ':<\' " " c'E] 200 400 600' 800 1'000 VA AOV Af\cCING VOLUME (VPH) 81H.ci I On. w :E ~ -' o > C> Z en o D- o. o o > FIGURE C-l-1.2 - :x: a.. > ,- w :i: :::> .... o > C) z Vl o 0- c.. o o > 2010 ANALYSIS'- PM PEAK HR INTERSECTION OF' CRESTMOOR DR & SITE ACCESS 800. I , , .' O..~d... UlUIi OC"..U ...d lllt.1'..oti L . . Left ~rn. in , 700 ~ IS ,- 8~or.o. Lenoth ~uired yo .. ..co .ph (Op.r.~la9/o..i9D, L - Ill- , , " 600 ~ ~ 500 t"\ 0 ~.... 400 .' .' . : 5=100" 300 . 'No Left--Turn Lane Re uire 200 .' , 100 : -u " . .0- .'11 ," 1J~,1 " ~.,/ ,;' , , f01) " .. i ,~ :'i.;. ~. n ,', . ,:. "i- ~,J I ;.. ..\ ~'- tj" , , . S"O 200 400 600 800 1000 V ADVAhCING VOLUME (VPH) 0..... Spud) A FIGURE C-1-1.2 The Roanoke Times Roanoke, Virginia Affidavit of Publication " FREDERICK W. THOMAS, JR. 1607 WINBORNE STREET, SW ROANOKE VA 24014 I r"--'-~ The Roanoke Times - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - -- I I I "111111',,, I ", '^YIIA I" ..' ..... \,.r\ Ivl/! " I .... =-\. r....... ',,/,1. I, ......... .' C't ..'v " ..... ~v... ;\(\-\'\ ...' I : ..,.. .. ~O a.' \0 " .. ~ -:. I ... ci . \)\.Iv 9?>\J. .. :: rn: ? 10c;jj ., .. .::t: = I - ..... . .u- c.\Q\". - : : s::.0. 'If ~\S;;)\ : Z : -: ~'. ~.~,'c;~~ ~ : G:: I ~ ?'. \..\' .~ , . q:- - I -=:, .... .: ~..::: (.0:::-.. .. ~ .. .' ~ ,- I ~ TOTAL COST: 424.3 2 "",~4t~ONWE'~0V:. ~"...,.. I ~~ FILED ON: 11/05/10 111/111111\\\\ I IlJ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + - - - - - - - - - - - - - - - - - - -'"=""- - - - REFERENCE: 80176045 12400273 PH Notice Rezoning F NOTICE OF PUBLIC HEARING The Cauncll .of the City of Raanake will hold a pUblic hearing on Manday" Navember 15, 2010, at 7:00 p.m., .or as saan thereafter as the matter I may be heard. in the , Cauncll Chamber, faurth I floar, in the Nael C, Taylar Municipal Building, 215 )Church Avenue, S.W,. Raanake. Virginia, ta canslder the fallawing: , Request fram Frederick W, Thamas, Jr" that praperty lacated at the Intersectlan .of Keagy Raad and Crestmaar Drive, S,W" bearing Official Tax Na, : 5140201, be rezaned'fram I R.12, Residential Single Family Dlstr,lct, ta MX, Mixed Use District, subject I ta certain praffered , canditians, far the purpase .of develaping the praperty I' far general and prafessianal .offices and/ar medical .offices. The prapased , general usage .of the i praperty Is mixed density with a flaar area ratia .of up I ta 1.0. The camprehenslve I plan designates the praperty far single family residential uses. ' A capy .of the applicatian Is, available far review In the Office .of the City Clerk, Raam 456, Nael C, Taylar Municipal Building, 215 Church Avenue, S,W., Raanake, Virginia, All parties In interest an'd citizens may appear an the abave date and be heard an the matter, If yau are a' 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 Vir~fnia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this _JS~_day of NOV 2010. Witness my hand and official seal. ~~ Notary Public PUBLISHED ON: 10/29 II/OS Authorized0'. , ~ ~ Sign a t u r e : -f...fJJJA./y--:...-t~ Billing Services Representative ,- 'i ,I, . ~i~h a dlsabl!ity wha 'needs accammadatlans far, 'this hearing, please cantact- the City Clerk's Office, at 853,2541, befare naan,anl the Thursday befare thel date .of the hearing Iistedl abave. ,'" GIVEN under my hand:thls 27th day .of Octaber, 201.9. I Stephanie, M, Maan, C;MC City 'Clerk" (124002~3) 1(-" ~::-..i .-::: ,-, ~ ...... .. ......'" IS" --'; S-~ )4\ ~~u \0 \ NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will hold a public hearing on Monday, November 15, 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 Frederick W. Thomas, Jr., that property located at the intersection of Keagy Road and Crestmoor Drive, S.W., bearing Official Tax No. 5140201, be rezoned from R-12, Residential Single Family District, to MX, Mixed Use District, subject to certain proffered conditions, for the purpose of developing the property for general and professional offices and/or medical offices. The proposed general usage of the property is mixed density with a floor area ratio of up to 1.0. The comprehensive plan designates the property for single family residential uses. A copy of the application is available for review in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, 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 27thlayof October ,2010. Stephanie M. Moon, CMC City Clerk. Notice to Publisher: Publish in the Roanoke Times on Friday, October 29, and Friday, November 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: Mr. Frederick Thomas Jr. 1607 Winborne Avenue, SW Roanoke, Virginia 24015 540-767-4136 Chip. Thomas@rutherfoord.com ( , -\ I . Dear David, I own the adjacent lot to the Keagy - Crestmoor property that is up for rezoning. As the homeowner most greatly effective by this proposal, I want you to know that I am in favor of the rezoning and would like to see some nice medical office buildings on that corner. All but one of the residents on Belle Aire Circle are also in favor of rezoning. I would like you to consider the desires of the homeowners most closely effected by this. This will not create a domino effect up Keagy. We are not talking about all of Keagy, but only this one piece of property. Mr. Thomas has talked to the neighbors and agreed to put up bearers for privacy and he will work with us very well. This past meeting at the church was only attended by 24 people and was voted down 17 to 7. People forget that 2 years ago, at Brandon Oaks, the vote was about 75 to 25 in favor of the rezoning. I think the past and present board of the GDN is against rezoning pecause they want to keep status quo. Please keep in mind the desire of those families most closely effected. I am sorry, but I will be out of town on 11-15-10 for the meeting. Sincerely, Woody And Suzie Deans 4323 Belle Aire Circle Naffb ~ 11/11/~ lOV # Ms. Moon, Please forward the following email to members of City Council concerning our Greater Deyerle Neighborhood Association's position on this issue. Thank You Braxton Naft - GDNA r Dear Honorable Members of Council, This letter is in reference to the Keagy Rd. Re-Zoning Request Tax # 5140201. The Greater Deyerle Neighborhood Association has continuously voted to oppose this request. The GDNA Board, Spring Valley Lake Association, Medmont Lake Association, Roanoke City's Planning Commission and City Staff have also voted to oppose this rezoning request. The majority of those opposed reference our recently adopted Greater Deyerle Neighborhood Plan in two specific locations. They are: Page 7 under High Priority Initiatives and Page 49 under Economic Development Policies. These references use clear and specific language about maintaining the current residential zoning and discouraging furt~er cOn;m1ercial development on Keagy Rd. in the vicinity of Lewis-Gale. ! ~ I ',~ } d: Our GDN Plan states that "existing underused commercial properties should be developed or re-developed before rezoning additional land for commercial use" and "to limit commercial zoning to identified commercial areas." The 2nd Entrance/Exit (Proposed Entrance B) from the property onto Crestmoor Dr. has been a major concern of multiple neighbors in the area. This same Rezoning Request has been submitted a numb~/of times, most recently in March 2010. It was withdrawn on Aprill '\ only to be resubmitte'tragain just 5 months later. Fortunately, our Greater Deyerle Neighborhood Leaders and City Planners had the foresight to include this very issue about Keagy Rd. in our GDN Plan. Thank you for your consideration and for your dedication to our City. Sincerely, Braxton N aff President - Greater Deyerle Neighborhood Association Roanoke President's Council \ CITY OF ROANOKE OFFICE OF THE CITY CLERK ,215 Church Avenue,B. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: cJerk@roanokeva.gov STEPHANIE M. MOON, CMC City Clerk JONATHAN E. CRAFT Deputy City Clerk November 2,2010 CECELIA T. WEBB Assistant Deputy City Clerk Mr. Frederick Thomas, Jr. 1607 Winborne Avenue, S. W. Roanoke, Virginia 24015 Dear Mr. Thomas: 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 Monday, November 15,2010, 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 Frederick W. Thomas, Jr., thatproperty located at the intersection of Keagy Road and Crestmoor Drive, S. W., be rezoned from R-12, Residential Single Family District, to MX, Mixed Use District, subject to certain proffered conditions. For your information, I am enclosing copy of a notice of public hearing. Please review the document and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 540-853-2431. It will be necessary for you, or your representative, to be present at the November 15th public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, A~h1.H~ Stephanie M. Moon, CMC City Clerk SMM:ctw Enclosure CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 , Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk CECELlA T. WEBB Assistant Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk November 2, 2010 Donald W. Bandy Linwood and Susan Deans Sandra S. Puckett Appalachian Power Company Ole and Barbara Renick J & K Keagy Road, LP Braxton Naff, Greater Deyerle Neighborhood Association HCA The Healthcare Company 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 Monday, November 15,2010, 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 Frederick W. Thomas; Jr., that property located at the intersection of Keagy Road and Crestmoor Drive, S. W., be rezoned from R-12, Residential Single Family District, to MX, Mixed Use District, subject to certain proffered conditions. This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning, Building and Development at 540-853-1730. 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. , fh. ~{JIYv Stephanie M. Moon, CMC City Clerk SMM:ctw CONDITIONAL REZONING Frederick W. Thomas, Jr. Tax No. 5140201, Keagy Road, S.W. ) AFFI DAVIT ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: ) CITY OF ROANOKE The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 30th day of September, 2010, notices of a public hearing to be held on the 21 st day of October, 2010, on the request captioned above to the owner or agent of the parcels as set out below: Tax No. Owner Mailinq Address 5140209 Donald W. Bandy POBox 4143 Roanoke, VA 24015 5140207 Linwood and Suzanne Deans 44323 Belle Aire Circle, SW Roanoke, VA 24018 5170230 Sandra S. Puckett 1318 Crestmoor Drive, SW Roanoke, VA 24018 5140112 Appalachian Power Company 40 Franklin Road, SW Roanoke, VA 24011 5140117 Ole and Barbara Renick 1201 Crestmoor Drive, SW Roanoke, VA 24018 City of SalemJ & K Keagy Road, LP 3550 Keagy Road Salem, VA 24153 City of SalemHCA The Healthcare Co. 3529 Keagy Road Salem, VA 24153 Also Notified: Braxton Naff, President, GDNA, 2131 Deyerle Road, SW fi7~ ~~~ Martha Pace Franklin 1.....~ O"'C '+- co .. C) 0 Q) c a: .~ -- ~ 5 ~O N C) ~ Q) co 0 a:Q)0 ~ E "'C'+-+-' Q) 0 en en 1..... Q) o Q) ()~ . c.. c o ~ ~ 0 D...() Ul co E o ..c l- e.. .- ..c U o T'-I o N . . >- ..c -0 (]) ......, c (]) (/) (]) L- a.. ..... T'-I N L- (]) ..c o ......, u o f, I, .f c o .- ~ Cl3 () o --l - m~ ~c. ~ ~ .- 0 ~:J: CLJ ... o o?J 0 ... > 0 CLJ en E cm.... ... CLJ ~ o ~ CLJ u..... U C 1 0 -- ~ Cl3 () o --l en c -- c o N N T'-I I c( -0 (]) C o N >- - ........ C (]) L- L- :J U + _..... OJ .~ E ul ......... 1:: .I-J "'0 Ol Q) ~ g C ~ ....... ..c ._ (f) 0 1- c. 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