Loading...
HomeMy WebLinkAboutCouncil Actions 11-21-11 Ferris 39256-112111 ROANOKE CITY COUNCIL REGULAR SESSION NOVEMBER 21, 2011 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order--RolI Call. All present. The Invocation was delivered by The Reverend Kenneth P. Lane, Pastor, Trinity 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. NOTICE: Today's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, November 24 at 7:00 p.m., and Saturday, November 26 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. 1 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: BOARD OF ZONING APPEALS - THREE VACANCIES (EFFECTIVE JANUARY 1, 2012) HUMAN SERVICES ADVISORY BOARD - ONE VACANCY LOCAL BOARD OF BUILDING CODE APPEALS -TWO VACANCIES . ROANOKE ARTS COMMISSION - ONE VACANCY TOWING ADVISORY BOARD - TWO VACANCIES (CITIZEN AT LARGE AND TOWING ENFORCEMENT) 2 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: A resolution expressing City Council's deepest regret and sorrow at the passing of Seth Williamson, a longtime announcer at WVTF Public Radio. Adopted Resolution No. 39256-112111. Presented ceremonial copies to Deidre W. Jain and Emily Ruth Williamson, daughters; and Susan Sanders, Mr. Williamson's girlfriend. Also in attendance were Glenn Gleixner, General Manager, WVTF, and wife Lisa. 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. ALL MATTERS WILL BE REFERRED TO THE CITY MANAGER FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL, AS HE MAY DEEM APPROPRIATE. Robert Gravely spoke about the need for growth in the City of Roanoke. 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 A communication from Council Member Anita J. Price, Chair, Roanoke City Council Personnel Committee, requesting that Council convene in a Closed Meeting to discuss a personnel matter, being the appointment of a City Attorney, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C-2 A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss the disposition of publicly-owned property being Huff Lane School, located at 4412 Huff Lane, N. W., where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. 3 C-3 A communication from the City Manager requesting that Council convene i~ a Closed Meeting to discuss the disposition of publicly-owned property being portions of the Market Garage located at 25 Church Avenue, S. E., where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3) , Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C-4 A communication from F. Gordon Hancock, Secretary, Roanoke City Electoral Board transmitting an Abstract of Votes cast in the General Election held in the City of Roanoke on Tuesday, November 8, 2011. RECOMMENDED ACTION: Received and filed. C-5 Reports of qualification of Linda D. Frith as a Director of the Economic Development Authority for a term of office ending October 20, 2015. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: a. A communication from Council Member Court G. Rosen recommending that the Council adopt a resolution in opposition of lifting the moratorium on uranium mining in Virginia. Adopted Resolution No. 39257 -112111 as amended (6-1, Council Member Lea voted No). b. A communication from the City Sheriff recommending acceptance and appropriation of funds in connection with the State Criminal Alien Assistance Program (SCAAP) Reimbursement Grant; and a communication from the City Manager concurring in the recommendation. Adopted Resolution No. 39258-112111 and Budget Ordinance No. 39259-112111 (7-0). 4 7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: 1. Acceptance and appropriation of funds for a grant from the Virginia Department of Fire Programs for use by the Roanoke Fire-EMS Department. Adopted Resolution No. 39260-112111 and Budget Ordinance No. 39261-112111 (7-0). COMMENTS BY CITY MANAGER. The City Manager commented on the following items: . . City of Roanoke received an award from the Public Relations Society of America for its "Eat for Education" campaign. . Christmas tree lighting and Dickens of a Christmas. · Leaf collection will be on the weeks of November 28 and December 12 and residents should put their leaves out at the same time as their paper recycling. · Residents along Interstate 581 between Hershberger and Liberty Roads were encouraged to respond to the letters they received from VDOT concerning sound barriers. They were reminded if they did not respond, it would be considered a yes for sound barriers. The deadline for response would be November 23. 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. Margaret Lindsey, Director of Accounting, Spokesperson. Adopted Budget Ordinance No. 39262-112111 (7-0). 5 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 11. MOTIONS AND MISCELLANEOUS BUSINES'S: a. Inquiries and/or comments by the Mayor and Members of City Council. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. AT 3:50 P.M., THE COUNCIL MEETING WAS RECESSED UNTIL 7:00 P.M., IN THE CITY COUNCIL CHAMBER, ROOM 450, FOURTH FLOOR, NOEL C. TAYLOR MUNICIPAL BUILDING, 215 CHURCH AVENUE, S. W. Vice-Mayor Trinkle left prior to reconvening for the certification of the closed meeting. CERTIFICATION OF CLOSED MEETING (6-0). 6 ROANOKE CITY COUNCIL REGULAR SESSION NOVEMBER 21,2011 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order--RolI Call. Mayor Bowers was absent. The Invocation was delivered by Council Member William D. Bestpitch. The Pledge of Allegiance to the Flag of the United States of America was led by Vice-Mayor David B. Trinkle. Welcome. Vice-Mayor Trinkle. NOTICE: Tonight's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, November 24 at 7:00 p.m., and Saturday, November 26 at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. A. PUBLIC HEARINGS: 1. Proposal of the City of Roanoke to convey three-acres of City-owned property, the former Buena Vista Recreation Center, along with a 20-foot wide ingress and egress across the property to Scott and Ascension Horchler. Christopher P. Morrill, City Manager. Adopted Ordinance No. 39263-112111 (6-0). 2. Proposal of the City of Roanoke to enter into a contract conveying three City-owned parcels located at 425 Church Avenue, S. W., former YMCA facility, to 425 Church Avenue, LLC, in order to renovate the existing building, subject to certain terms and conditions. Christopher P. Morrill, City Manager. Adopted Ordinance No. 39264-112111 (6-0). 7 At this point, Council Member Price left the meeting (7:18 p.m.) 3. Request of 806 Wasena Avenue, LLC (formerly Ice House, LLC), to rezone properties located at 816,820,824 and 828 Wasena Avenue, S. W., from RM-1, Residential Mixed Density, to UF, Urban Flex District, subject to certain proffered conditions for use as off-site parking. E. B. Walker, Agent, Spokesperson. Adopted Ordinance No. 39265-112111 (5-0). 4. Request of D & S Development to rezone properties located at 3008 and 3016 Williamson Road, N. W., 2728 Chatham Street, N. W., and a vacant lot to the West, from RMF, Residential Multifamily District, to CG, Commercial- General Distri.ct, subject to certain proffered conditions for use as a retail sales establishment. Paul Brown, Agent, Parker Design Group, Spokesperson. Adopted Ordinance No. 39266-112111 (5-0). 5. Request of Iglesia de Dios Pentecostal, Movimiento Internacional, to amend certain proffered conditions as they pertain to the parcels of land at 3454 Cove Road, N. W., as set forth in the Amendment of Proffered Conditions Amended Application No.1 date September 23,2011. Donald Roy, Agent, Spokesperson. Adopted Ordinance No. 39267-112111 (5-0). 6. Request of Roanoke Valley Student Trouble Center, Inc., d/b/a Trust House to exempt real property located at 404 Elm Avenue, S. W., from taxation effective January 1, 2012. Christopher P. Morrill, City Manager. Adopted Ordinance No. 39268-112111 (5-0). 7. Request of Grandin Theatre Foundation, Inc., and Silver Screen LLC, to exempt real property located at 1310 Grandin Road, S. W., from taxation; and Grandin Theatre Foundation, Inc., to exempt personal property at said location from taxation effective January 1, 2012. Christopher P. Morrill, City Manager. Adopted Ordinance No. 39269-112111 (5-0). B. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. C. ADJOURN - 7:28 P.M. 8 ) IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of November, 201lo No. 39256-112111. A RESOLUTION memorializing the late Joseph Seth Williamson II, longtime announcer at WVTF Public Radio in Roanoke. " WHEREAS, Mr. Williamson was born in Fort Worth, Texas, moved to Virginia as a teenager, attended Texas A&M, and later transferred to Virginia Tech where he graduated in 1978; WHEREAS, Mr. Williamson started what would become a nearly three-decade career at WVTF as a part-time producer in 1981, before launching his long-running daily classical music program "Morning Classics" in October 1983; WHEREAS, being an aficionado of bluegrass, Mr. Williamson later added to his on-air repertoire the weekly programs "Back to the Blue Ridge" and "Travelin' On," which focused on the traditional acoustic music of the Blue Ridge Mountains; WHEREAS, Mr. Williamson was also an accomplished musician in his own right, playing trumpet, trombone, euphonium, arid banjo, and performing with a number of local groups, such as the Sauerkraut Band, the Blacksburg Community Band, Old Pros, and others; WHEREAS, Mr. Williamson shared his amazing musical knowledge with the WVTF audience not just during his broadcasts, but also with readers of The Roanoke Times, for which he wrote concert reviews of the Roanoke Symphony Orchestra and Opera Roanoke for the past 25 years; WHEREAS, Mr. Williamson was an avid naturalist, who started a monthly bird-watching column in The Roanoke Times in 2002, in which readers of the sports section could take a break from the world of competition and read about the fall hawk migration up on Rocky Knob, the brief and distinctive presence of nighthawks in the Roanoke Valley, and many other observations about theavian world; WHEREAS, Mr. Williamson was a voracious lover of books, rarely seen without one, who developed an encyClopedic knowledge of a wide range of subjects, and was once quoted as saying "I probably spend way too much time reading"; WHEREAS, Mr. Williamson's sonorous baritone was one of the most recognizable on- air voices in the region, equaled by his gift of inviting his listeners into his world, with musings about everything from poetry to butterflies to life - what colleagues at WVTF remember as a deep personal connection with the audience; and WHEREAS, the death of Seth Williamson leaves a terrible void in the Blue Ridge region, but although his voice may be silenced, his spirit and his memory still soar for his legions of fans, friends, and loved ones. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Seth Williamson, and extends to his. family its sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Mr. Williamson's daughters, Emily Williamson and Deirdre Jain, as well as to the staff at WVTP Public Radio. \'-. -; , ATTEST: A~rn,~ CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.w. Noel C. Taylor Municipal Building, Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 Council Members William D. Bestpitch Raphael E. "Ray" Ferris Sherman P. Lea Anita J. Price Court G. Rosen David B. Trinkle DAVIDA. BOWERS Mayor November 21,2011 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: This is to request a Closed Meeting to discuss a personnel matter, being the appointment of a City Attorney, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. Sincerely, ~~ Anita J. Price, Chair City Council Personnel Committee AJP:ctw CITY COUNCIL AGENDA REPORT To: Meeting: Subject: Honorable'Mayor and Members of City Council November 21 , 2011 Request for Closed Meeting This is to request that City Council convene a closed meeting to discuss the disposition of publicly-owned property, specifically Huff Lane School located at 4412 Huff Lane, N.W., where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to 92.2-3711.A.3, Code of Virginia (1950), as amended. C ristopher P. Morrill City Manager. Distribution: Council Appointed Officers CITY COUNCIL AGENDA REPORT To: . Meeting: Subject: Honorable Mayor and Members of City Council November 21, 2011 Request for Closed Meeting This is to request that City Council convene a closed meeting to discuss the disposition of publicly-owned property, consisting of portions of Tax Map No. 4015004, Market Garage, located at 25 Church Avenue, S.E., where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to 92.2-3711.A.3, Code of Virginia (1950), as amended. Christopher P. Morrill City Manager Distribution: Council Appointed Officers ~~ 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 November 14, 2011 Ms. Stephanie Moon, City Clerk 215 Church Avenue SW Municipal South, Room 456 Roanoke, Virginia 24011 Dear Ms. Moon: Pursuant to Section 24.2-675 of the Virginia Code of Election Laws, attached are certified copies of the Abstracts of Votes Cast in the General Election held in the City of Roanoke on Tuesday, November 8, 2011. Yours Truly, ~.Ly A. ~ F. Gordon Hancock, Secretary City of Roanoke Electoral Board ... ,...... ve..', "-::r --~ !:~! F. GORDON HANCOCK Chairman CARL T. TINSLEY, SR. Vice Chairman DEIRDRE J. MARTIN Secretary 1:-:' ~ ,i:2 rn :;'"";:1 ~o::: Y'"'''' CJl ~ ::1:: I':::" (J"( ABSTRACT OF VOTES Cast in the ~City of ROANOKE at the November 8, 2011 General Election, for: I Virginia, .,:, MEMBER SENATE OF VIRGINIA 21ST ENTER DISTRICT NUMBER NAMES OF CANDIDA TES AS PRINTED ON BALLOT TOTAL VOTES RECEIVED (IN FIGURES) David A. "Dave" Nutter - R 6.019 John S. Edwards - D 10,330 .................................................................. I Total Write-In Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] [Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes]................................................. 33 Total Number of Overvotes for Office ........................................................... 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 8; 2011, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the office indicated above. Given under our hands this 11th day of November, 2011. A copy teste: CiJ-t(/:J . ~.0<A~ , Chairman , Vice Chairman ;;j. ~.Q 4, ~~ 7J ~~,Q )J. '-~ D , Secretary Secretary, Electoral Board ABSTRACT OF VOTES Cast in the ~City of ROANOKE at the November 8,2011 General Election, for: , Virginia, MEMBER HOUSE OF DELEGATES 11TH ENTER DISTRICT NUMBER NAMES OF CANDIDA TES AS PRINTED ON BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Onzlee Ware :.. D 9.885 .................................................................. Total Write-In Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] [Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes] .................................................. 278 Total Number of Overvotes for Office ........................................................... 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 8, 2011, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the office indicated above. Given under our hands this 11th day of November, 2011. A copy teste: ~~1.;J~/ , / , Chairman , Vice Chairman d- ~ ~ . ..--9-. _ 7~~ , Secretary o ~~ ))... ~ Secretary, Electoral Board ABSTRACT OF VOTES Cast in the IEmooiy/City of ROANOKE at the November 8, 2011 General Election, for: I Virginia, MEMBER HOUSE OF DELEGATES 17TH ENTER DISTRICT NUMBER NAMES OF CANDIDA TES AS PRINTED ON BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Chris T. Head - R 2.075 Freeda'L. Cathcart - D 1,499 Total Write-In Vot~s [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] [Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes] .............::................................~.. 6 , ) Total Number of Overvotes for Office ........................................................... 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 8, 2011, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the office indicated above. Given under our hands this 11 th day of November, 2011. A copy teste: ~tULd, ~. , Chairman , Vice Chairman J ~ ~ A ~ ~-v-c:_u-</' , Secretary o ..:J ~ ~ A ~ ~'-e-~ Secretary, Electoral Board IJ ABSTRACT OF VOTES Cast in the City of \ ROANOKE at the November 8, 2011 General Election, for: , Virginia, CLERK OF COURT NAMES OF CANDIDA TES AS PRINTED ON BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Brenda S. Hamilton 13,459 Total Write-In Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] [Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes] .................................................. 112 Total Number of Overvotes for Office ........................................................... 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 8, 2011, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person has received the greatest number of votes cast for the above office in said election: Brenda S. Hamilton Given under our hands this 11 th day of November, 2011. A copy teste: (? ~;:J,;J~. 2:}-4 A- ~ .:t~.P- ~ , Chairman , Vice Chairman , Secretary Secretary, Electoral Board ( ABSTRACT OF VOTES Cast in the ~City of ROANOKE at the November 8,2011 General Election, for: , Virginia, SOIL AND WATER CONSERVATION DIRECTOR ENTER DISTRICT NAME NAMES OF CANDIDA rES AS PRINTED ON BALLOT TOTAL VOTES RECEIVED (IN FIGURES) John P. Bradshaw. Jr. 10.189 Michael A. Loveman 7,532 Total Write-In Votes (COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] [Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes] ,................................................. 176 Total Number ofOvervotes for Office, ........................................................... 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 8, 2011, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare thatthe following personS have received th~.greatest number of votes cast for the .above , office in said election: John P. Bradshaw, Jr. Michael A. Loveman Given under our hands this 11 th day of November, 2011. A copy teste: (1 (4f J .:r~, , Chairman I Vice Chairman ~/~.-R /l-~ ~ , Secretary o ~~ A '- ~ Secretary, Electoral Board CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk STEPHANIE M. MOON, MMC City Clerk November 22,2011 Harwell M. Darby, Jr., Secretary Economic Development Authority Glenn, Feldmann, Darby and Goodlatte P.O. Box 2887 Roanoke, Virginia 24001-2887 Dear Mr. Darby: This is to advise you that Linda D. Frith has qualified as a Director of the Economic Development Authority, for a term of office ending October 20, 2015. Sincerely, ~ YrJ. '.iw.v Stephanie M. Moon, MMC City Clerk Oath or Affirmation of Office , I Commonwealth of Virginia, City -of Roanoke, to-wit: I, Linda D. Frith, do solemnly swear 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 Director of the Economic Development Authority for a term ending October 20, 2015, according to the best of my ability. So help me God. ~~ The foregoing oath of office was taken, sworn to, and subscribed before me by Linda D. Frith this J ~ day of ~ 2011. Brenda S. Hamilton, Clerk of the Circuit Court Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, MMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk November 22,2011 The Honorable John S. Edwards Member, Senate of Virginia P. O. Box 1179 Roanoke, Virginia 24006-1179 The Honorable Onzlee Ware Member, House of Delegates 325 North Jefferson Street Roanoke, Virginia 24016 The Honorable Chris Head Member, House of Delegates Elect P.O. Box 19130 Roanoke, Virginia 24019 Gentlemen: I am enclosing a copy of Resolution No. 39257-112111 supporting the ban on uranium mining in Virginia. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 22,2011. Sincerely, ~mJ~ Stephanie M. Moon, MMC City Clerk SMM:jec Enclosure pc: Dr. Rupert Cutler, 204 South Jefferson Street, S. W., Suite 4, Roanoke, VA 24011 Sue Bane, Legal Assistant, Roanoke County Attorney's Office, P.O. Box 29800, Roanoke, Virginia 24018 Messrs. Edwards, Ware and Head November 22,2011 Page 2 pc: The Honorable Bob McDonnell, Governor, Office of the Governor of Virginia, P.O. Box 1475 Richmond, Virginia 23218 Susan Clarke Schaar, Clerk of the Senate, P.O. Box 396, Richmond, VA 23218 G. Paul Nardo, Clerk of the House of Delegates & Keeper of the Rolls of the Commonwealth, P.O. Box 406, Richmond, Virginia 23218 Virginia Coal and Energy Commission, c/o Marty Farber, Virginia Division of Legislative Services, General Assembly Building, 2nd Floor, 201 North 9th Street,. Richmond, VA 23219 National Academy of Sciences, Virginia Uranium Study Team, 500 Fifth St., N. W., Washington, D.C. 20001 Chmura Economic & Anqlytics, Virginia Uranium Study Team, 1309 East Cary Street, Richmond, VA 23219 fjTllnternational, Virginia Uranium Study Team, 3040 East Cornwallis Road, Triangle, NC 27709-2194 Michael Baker Corporation, Virginia Beach Uranium Study Team, 100 Airside Drive, Coraopolis,PA 15108-2783 Virginia Municipal League, Mr. Joe Lerch, P.O. Box 12164, Richmond, VA 23241 Virginia Association of Counties, 1207 East Main Street, Suite 300, Richmond, VA 23219'"3627 Virginia Chapter - Sierra Club, 422 East Franklin Street, Suite 302, Richmond, VA 23219 Virginia Conservation Network, 422 E. Franklin St., # 303, Richmond, VA 23219 Mrs. Brenda Hale, Virginia Chapter NAACP, 3651 Martine/l Avenue, S. W., Roanoke, VA 24018 Virginia Roanoke River Basin Advisory Committee, c/o Scott Kudlas, Virginia Department of Environmental Quality, 3019 Peters Creek Road, Roanoke, VA 24019 Tammy Newcomb, CMC, President, Virginia Municipal Clerks Association, County of Brunswick, P.O. Box 399, Lawrencevi/le, Virginia 23868 \Y V\ 'f. .. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of November, 2011. No. 39257-112111. A RESOLUTION supporting the ban on uranium mining in Virginia. WHEREAS, the City Council ofthe City of Roanoke, Virginia, recognizes that clean water, clean air, and a healthful environment are critically important resources of the City and its surrounding region; WHEREAS, the future economic development of our City and region are closely related to this region's healthy and pollution-free environment and natural beauty that currently make it so desirable as a destination for visitors and new residents; WHEREAS, in response to proposed uranium mining in the Commonwealth of Virginia, the Virginia General Assembly in 1983 enacted a legislative moratorium on uranium mining in this state, which remains in effect today; WHEREAS, a company k:llown as Virginia Uranium, Inc., has proposed establishing one of the largest uranium mining operations in North 'America at Coles Hill, in Pittsylvania County, Virginia, and has stated to its investors that it will seek legislation to repeal the moratorium in the 2012 session of the General Assembly; WHEREAS, the mining operations proposed by Virginia Uranium, Inc., are expected to result in large quantities of airborne radioactive dust and in highly mobile radioactive mill tailings which must be stored as sludge in ponds and eventually in dewatered tailings piles that can retain 85 percent of their original radioactivity for thousands of years; WHEREAS, it is possible that these sludge ponds and tailings pile confinement structures could fail, resulting in the release of radioactive materials into surface waters and the surrounding environment; WHEREAS, unlike almost all uranium mining operations in North America that are currently located in arid regions or in areas remote from population, the Coles Hill site is in the Roanoke River basin, which serves as a drinking water source for over one million people in Virginia and North Carolina, including several military bases, a source that would face increased~risks associated with uranium mining and milling and storage of radioactive wastes; WHEREAS, other localities in Virginia, including but not limited to the counties of Culpeper, Fauquier, Floyd, Madison, Orange, and Patrick, have been identified as potential sites for additional mining, thereby extending the effects of such mining far beyond Pittsylvania County; WHEREAS, a large number of local and regional governing bodies and citizen groups in Virginia and North Carolina have adopted resolutions calling upon the Virginia General Assembly to keep in place the current moratorium on uranium mining; and WHEREAS, it is highly probable that the social and psychological effects of uranium mining will be overwhelmingly negative, without regard to the assurances in any study of the safety of uranium mining, and will result in business, industry, and population deciding to locate in areas other than those in proximity to uranium mining. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. Council opposes lifting the moratorium on uranium mining in Virginia in the '2012 Session of the General Assembly. 2. The City Clerk is directed to send a copy of this Resolution to each member of the City's legislative delegation and to all groups currently studying uranium mmmg III the Commonwealth of Virginia. ATTEST: Council Members William D. Bestpitch Raphael E. "Ray" Ferris Sherman P. Lea Anita J. Price Court G. Rosen David B. Trinkle CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W. Noel C. Taylor Municipal Building, Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 DAVIDA. BOWERS Mayor November 21 , 2011 The Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: A company known as Virginia Uranium, Inc., has proposed establishing one of the largest uranium mining operations in North America at Coles Hill, in Pittsylvania County, Virginia, and will actively seek to repeal the moratorium in the 2012 session of the General Assembly. Almost all uranium mining operations in North America are located in arid regions or in areas remote from population; the Coles Hill site is in the Roanoke River basin, which serves as a drinking water source for over one million people in Virginia and North Carolina and would face increased risks if associated with uranium mining. I would like to recommend that the Council adopt the attached resolution opposing lifting the moratorium on uranium mining in Virginia. Sincerely, Court G. Rosen Council Member ..'" CGR:ctw 1 ROANOKE CITY COUNCIL REGULAR SESSION NOVEMBER 21, 2011 2:00 P.M. REGULAR AGENDA ITEM 6.a. A communication from Council Member Court Rosen recommending that the Council adopt a resolution opposing lifting the moratorium on uranium mining in Virginia. Statement of M. Rupert Cutler, Ph.D. 204 S. Jefferson Street, Suite 4 Roanoke, VA 24011 Thank you, Mayor Bowers. Mayor and Council members, you know me well enough to know that I do not "cry wolf." In my email communications with you earlier, I described proposed uranium mining in Virginia as one of the worst ideas I have ever heard of. I stand by that opinion. You have a resolution before you that, if adopted, will place the government of the City of Roanoke on record in favor of the Virginia General Assembly's keepinq in place its long-standing ban on uranium mining in this state. I encourage you to adopt that resolution today and to send it promptly to our legislative delegation, the governor, the leadership of the General Assembly, and the news media, to let "the world" know where our community, located so close to the proposed uranium mine, stands on this critical public health issue. It is a leadership opportunity for Roanoke. I have provided each of you with some printed material on this subject. It includes a map of Southside Virginia showing how dangerously close the proposed uranium mine is to Roanoke. It would be just the other side of Smith Mountain Lake, south of Lynchburg and north of Chatham in Pittsylvania County. This is not a "global" issue; it is a very-close-to-home issue. 2 My packet includes statements on the issue by the Southern Environmental Law Center in Charlottesville and by the Piedmont Environmental Council of Virginia, plus information on the study of the impacts of the proposed uranium mine, mill, and waste tailings dump done by the City of Virginia Beach. I will hit some highlights, hoping you will read the printed material. To help you understand why many Virginians are so concerned about the proposal to mine uranium within 50 miles of Roanoke, I will begin by quoting some statements from a presentation called "Uranium Mining: The Radioactive Legacy" by Dr. Gordon Edwards, President of the Canadian Coalition for Nuclear Responsibility, a Canadian not-for-profit group based in Montreal. There are several active uranium mines in northern Canada where the uranium ore is far more concentrated that the ore in Virginia. Dr. Edwards provides a chronological history that includes the following: Ontario Inquiry, 1978: "Tailing problem unsolved. Future of nuclear industry should be re-examined." British Columbia Medical Association Report, 1980: "Uranium mining should be banned in British Columbia." (British Columbia announced a permanent ban on uranium in 2008.) Nova Scotia, 1981: Exploration for and mining of uranium (is) forbidden. He offers these "key concepts": 1.Uranium industry began in secrecy. 2. For 35 years uranium was military only. 3. Information withheld, damage denied. 4. Major problems continue to be seen. 5. Public pressure has been essential. 6. Health professionals playa key role. When the uranium is removed from the rock in which it is found, 85 percent of the radioactivity in the ore is left behind, in sand-like uranium tailings. . . 3 The Ontario Royal Commission on Electric Power Planning stated in 1978: "Uranium tailings are a serious unresolved problem." The hazards associated with uranium mill tailings include gamma radiation, the blowing of dust containing radium and arsenic (such dust could reach Roanoke), radon fallout, seepage of uranium and arsenic into groundwater. These dangers endure for thousands of years. On the specific question of radon and dust from a Coles Hill mining operation and tailings dump reaching Roanoke, a technical report published by the U.S. EPA states that the health of populations living at a distance greater than 50 miles might be affected. Look at the map I've given you. You'll see that Roanoke is within the radius of the potential radioactive dust impact. Operating a radioactive discharge-free mining and waste storage operation is very unlikely. It would be too expensive to be profitable. There are two things to consider. First, existing regulations take into account the profitability factor. For example, U.S. Nuclear Regulatory Commission regulations do not dictate a specific design of waste containment structure but allow for options depending not only on the site's topography and hydrogeology but the economics of the project as well. That sounds to me like profitability trumps public safety. Second, U.S. Environmental Protection Agency regulations explicitly allow discharqes from uranium mill waste in the event of a storm event, when the precipitation level exceeds the evaporation level. This exception exists to prevent an even a bigger catastrophe, such as a complete impoundment failure. 4 It is important to keep the moisture content in waste impoundments as low as possible because the structure becomes inherently unstable if the moisture content exceeds 50 percent. In the event of heavy rainfall and flooding, Virginia Uranium would always face a choice of discharging the extra water into the environment or risking an overflow or even a collapse of the radioactive waste impoundment. There is talk of writing and adopting state regulations making the uranium '-- operator liable for all damages to the environment and communities. Such an unlimited liability requirement would work only if the company had the assets to payout. The corporate structure of Virginia Uranium is very telling. It itself has virtually no assets. It does not even own the land that it plans to use in the project. That land is leased by from Walter Coles either directly or from Coles-controlled limited liability companies. Some land is also leased from Coles' neighbors. One hundred percent of Virginia Uranium is owned by a privately held company based in Canada. That company too is has no assets. The owner of the project, a multi- national hedge fund, Sprott Asset Management, is shielded from the liability by at least three layers of subsidiaries. So the question is who will compensate for damages if the operator has no assets and all profits have been expatriated to Canada. The Coles Hill mine would generate almost 29 million tons of radioactive waste. After the private mine operator, Virginia Uranium based in Canada, closes up shop, having made its profit, these radioactive tailing wastes would become the property-and the responsibility--of the U.S. Department of Energy. That means the U.S. taxpayers- including you and me and our descendants-would be stuck with taking care of this poisonous waste forever. That is called "privatized profits and socialized costs." 5 The increased competition for water is another issue of concern. Local long range water supply plans including ours do not take into account the water that may be needed for the uranium project, not only a great amount for its day-to-day operations but remediation and other supposedly "unforeseen" events, such as the need for alternative water sources for downstream communities and the use of increased flows to abate pollution downstream. Several jurisdictions, in North Carolina as well as Virginia, and various private interests already are competing for water from Smith Mountain Lake. We shouldn't have to worry about the effects of uranium mining on our drinking water supply. Dr. Robert E. Moran of Golden, Colorado, a hydrogeologist who has studied all kinds of mining public safety issues around the world, was in Roanoke on November 9 under the auspices of the Roanoke River Basin Association. He had been in Virginia for several days before coming here and had met with a variety of concerned officials. He found that U.S. Navv base commanders foresee radioactive pollution of Lake Gaston on the Roanoke River. from leakaQe from the Coles Hill uranium mine. as a threat to the water supplies of five Navv bases in the Norfolk area. Dr. Moran made these points: (1) uranium mines cannot be managed to be absolutely "clean"; radioactivity will escape into the environment; (2) there is no safe level of radioactivity in drinking water; any level will cause cancer; (3) there has never been a uranium mine waste tailings disposal site that did not leak; and (4) the assertion that the U.S. should be "energy independent" as far as uranium is concerned is a "red herring." Most of the uranium powering our nuclear power stations now comes either from the decommissioning and recycling of weapons grade uranium in old Soviet Union 6 missiles--a program that reduces the chances of nuclear war and certainly should continue--and from our staunch allies Canada and Australia, where the uranium mines are at a long distance from cities and human populations. There is no shortage of uranium that would require the opening of a uranium mine in Virginia. And there is no guarantee that uranium mined in Virginia would stay in the U.S.' It could be sold to China or anywhere else you might imagine. The Virginia Municipal League's official position on uranium mining is as follows: "Uranium mining, milling and waste disposal of generated wastes poses potential health and environmental problems for Virginians. Prior to uranium mining activities being permitted in Virginia, VML supports studies, including those currently underway, that would evaluate the impacts of radiation and other pollutants from mill tailings on (1) downstream water supplies; and (2) the health and safety of uranium miners. "VML supports the current moratorium on the mining and milling of uranium in the Commonwealth of Virginia until studies demonstrate that it is safe for the environment and health of citizens. "Any studies must include, but not be limited to, modeling and simulation studies that show the consequences of probable maximum precipitation storms on containment cells. Additionally VML recognizes the importance of allowing sufficient time to analyze the results of the National Research Council (NRC) study to be completed in December 2011. Any legislation to lift the moratorium should not be introduced in the 2012 legislative session. " 7 The Piedmont Environmental Council of Virginia summarizes the matter as follows: "The National Research Council is involved in a study to examine the scientific, technical, environmental, human health and safety, and regulatory aspects of uranium mining, milling, and processing as they relate to the Commonwealth of Virginia. The purpose of this study is to assist the Commonwealth in determining whether uranium mining, milling, and processing can be undertaken in a manner that safeguards the environment, natural and historic resources, agricultural lands, and the health and well- being of its citizens. The study results are not due out until December 2011. Yet, Virginia Uranium, the company that was the main proponent of the study, has r announced that it is already preparing legislation to lift the uranium ban during the next session of the General Assembly. This suqqests that the study is only a pretext for Virqinia Uranium. Virginia Uranium, their lobbyists and their friends in the General Assembly appear ready to move forward, no matter the cost to Virginia's health and environment. Any decision of mining should wait until after the NAS study has been fully vetted by the public." Roanoke and Virginia have many difficult issues to deal with as it is, without the additional risks and uncertainties that uranium mining would present. Why open a Pandora's Box now, when there is no evidence that the current ban on uranium mining has had any negative impact on Virginia's economy or technology development? Virginia's high quality of life is it "ace in the hole" for bringing new businesses to the state. A healthy environment is essential to support a vibrant economy. Bob Burnley, who was the director of the Virginia Department o.f Environmental Quality for . , 8 seven years, from 2002 until 2008, says, "We don't know how to regulate uranium mining and we don't have the money to regulate uranium mining," reminds us that hurricanes, floods, and earthquakes affect the proposed mine site, observes that a healthy agricultural economy exists there now, and says we should not want a uranium mine on our water supply watersheds. As a biologist myself, there is no one I hold in higher regard on topics like this one than a retired distinguished professor of biology at Virginia Tech, Dr. John Cairns, Jr. I asked him for his views on this matter, and this was his response: "Huge tailings piles are a big problem and lead to contamination of both ground and surface water. High winds can transport fine particles from tailings long distances. Uranium mining is not safe where it rains a lot." That's good enough for me Thank you for yo~r time and you consideration. * Addendum-List of Virginia Localities Opposed to Uranium Mining On record with the Virginia Municipal League Town of Halifax Halifax County T own of South Boston City of Virginia Beach The Keep the Ban Coalition lists the following local governments "that have taken action since 2007 related to keeping the ban": Brunswick County, VA City of Charlottesville, VA City of Chesapeake, VA City of Virginia Beach, VA Floyd County, VA Mecklenburg County, VA '\ 9 Orange County, VA Patrick County, VA Rappahannock County, VA Town of Clarksville, VA Town of Halifax, VA Town of Hurt, VA Town of South Boston, VA ~r -------- / --r \ " I I"~ "-. ....... NELSON COUNTY \ \ ~ r~ / ~'J{ o \ \ I) BUCI<IN !\ APPOMATTO \ v"-.. L~ / / / / / / / / / l PR ~~ Phen~~~4 oiiiJliJ ! rst51 C h a.rlOtt cour1H(;'c \' \...........-~- (~ \ \\..) ( \CHARL (j COUI ", \ '\ \..... \ ~ ~ ,) ){5' Scottsburg ( A.. "\ ' ~ . ~'. Clark ! S1 / 11/20/11 . Radioactive Rivers - Piedmont Environmental Council - pecva.org Radioactive Rivers . Piedmont Environmental Council This article appears in the Summer 2011 Piedmont View Beneath the rolling landscapes of Culpeper, Fauquier, Madison and Orange are deposits of the radioactive mineral uranium - potential mine sites. In the 1980s, companies filed mining leases on thousands of acres of land in these counties, as well as in southwest Virginia, with an interest in extracting the uranium, which can be processed into nuclear fuel. Because uranium mining poses severe dangers to public health and the em,;ronment, PEC fought to prevent it, helping to secure a statewide moratorium on uranium mining in 1982. This ban is still in effect. But a Canadian-backed company called Virginia Uranium, Inc. is now pushing to mine a large deposit in southwest Virginia. They are ad\Qcating to end the moratorium, exposing communities throughout our state to unprecedented risk. Nowhere in the United States has uranium been mined or milled under humid, high- rainfall conditions like those in Virginia. Even at arid sites in the West, where it is more feasible to contain toxic and radioactive water from mining and milling operations, the U.S. Environmental Protection Agency (EPA) has found that tailings from uranium ore have contaminated groundwater in almost every case. In Virginia, extreme rainfall events can exceed 20 inches in 24 hours. Can we really expect to control the runoff from hundreds or thousands of acres of piled mine tailings, through all kinds of storm events -- and to control it essentially forever, due to the long half-life of the radioactive materials? Water supplies at risk If left alone, the uranium deposits in Virginia are generally harmless to people. But the process of mining and milling uranium in\Qlves bringing huge amounts of radioactive rock to the surface, grinding it to a sand-like consistency, treating it with chemicals, and exposing it to the elements - a process that can introduce radioactive and otherwise toxic substances into rivers and groundwater. Uranium mine sites are left with enormous quantities of waste rock, called tailings, since only two to four pounds of concentrated uranium ore, or "yellow cake," can be obtained from every ton of extracted rock. At the Coles Hill site near Danville, which is the focus of the current push for uranium mining, piles of tailings that could be 100 feet deep would extend over hundreds of acres. Tailings contain 85% of the original radioactivity and remain radioactive for hundreds of thousands of years. Dr. Doug Brugge, of the Tufts School of Medicine, who testified to Congress in 2007 about the harm caused to Navajo communities near uranium mines in the West, www.pecva.org/anx/index.cfm/1.391.3992.O.html/Radioactive-Rivers 1/4 11/20/11 . Radioactive Rivers - Piedmont Environmental Council - pecva.org described uranium ore as "a toxic brew of numerous hazardous materials." Among its dangerous ingredients, he listed 1) radon, which causes lung cancer, 2) uranium, which causes kidney damage and birth defects, 3) radium, which causes bone cancer, leukemia, and other cancers; and 4) arsenic, which causes lung and skin cancer, neurotoxicity, and skin diseases. According to the EPA, people can be harmed by uranium mine wastes through various If the tailings are misused as construction materials -- which has occurred in other places - people can be exposed to contaminated air in affected buildings. Contaminants can also enter the atmosphere on the wind, mixing with the air we breathe. Near tailings piles, people can be exposed to gamma radiation. Finally, wind, water or leaching can carry particles from the tailings into groundwater and surface water. An states, "Water is perhaps the most significant means of dispersal of uranium and related... [radioacti\e materials] in the environment from mines and mine wastes....Uranium is very soluble in acidic and alkaline waters and can be transported easily from a mine site." "So lets see," says Naomi Hodge-Muse, the head of the NAACP chapter in Martinsville, Virginia. "I got this pile of uranium tailings one hundred feet high, sitting on the banks of the Bannister River. A hurricane or a tornado comes through, or a catastrophic rain event comes through. The tailings are washed into the Bannister River, which feeds Lake Kerr, which feeds Buggs Island, which feeds Virginia Beach and the Raleigh- Durham area." Similarly, in the Piedmont, uranium mining could contaminate water supplies for both local and downstream communities, including northern Virginia and Fredericksburg. The City of Virginia Beach, which draws its water from Lake Gaston, downstream of the Coles Hill deposit, commissioned a modeling the consequences if a containment dam at the proposed mine should fail. The study found that, in that e\ent: . Radioactivity in the city's drinking water source would rise to 10 to 20 times the regulatory safe limit. . Radioactive materials could take between a few months and two years to flush downstream from Lake Gaston. . Plants and sediments in the Kerr Resel"\Qir, upstream of Lake Gaston, would serve as a long-term trap for radioactivity, which could re-suspend in the water during high flows. Because of the risks posed by such an e\ent, in May, American Ri\ers listed the Roanoke River in southern Virginia, which flows into Albemarle Sound and enters the ocean at North Carolina's Outer Banks, as one of the in America. Who gains? Who loses? "E\erything else being e\en, which one would you pick, if you were the businessman or businesswoman?" asks Andrew Lester of the Roanoke Ri\er Basin Association. "Would you pick the community that has the potential for uranium mining pollution - or would you pick the one that doesn't?" www.pecva.org/anx/index.cfm/1.391.3992.0.html/Radioactive-Rivers 2/4 11/20/11 . Radioactive Rivers - Piedmont Environmental Council- pecva.org Virginia Uranium, Inc. portrays tapping the vast deposit near Danville as an economic gain -- but many people see uranium mining as a threat that could devastate existing industries. In a short called Saving a Rh.er's Legacy, which PEC co-produced with the Southern Environmental Law Center, people near the Coles Hill mine site talk about what they stand to lose -- their health, their homes, and their Ii-.elihoods. A town manager talks about how ri-.er outfitters already face a stigma against paddling "that uranium ri-.er." A farmer is concerned that radioacti-.e particles could get into his hay and from there into the livestock of the neighbors he supplies. A mother wants to know who would send their children to the area's esteemed private boarding schools if there's a uranium mine down the road. People already find that they can't sell property near this potential source of radioacti-.e waste. Ed Jenkins, a fisherman, talks about what will happen if a popular fishing lake is deserted: "The people who have gas stations, restaurants - e-.erything is affected. It's going to be all the way down the line," he says. If pollution, or the stigma of the mine, mo-.e downstream or into other parts of the state, the economic impacts will spread too. Clearly, Virginia Uranium, Inc. has a great deal to gain. The Coles Hill deposit is thought to contain enough uranium to power all of the nuclear plants in America for two years, and the worth of this deposit is estimated in billions -- although global demand for nuclear fuel is in flux as the world responds to the catastrophe at Japan's Fukashima Daiichi plant. And what is the value of safe water flowing in Virginia's ri-.ers? A push to end the ban this year Four years ago, mining speculators convinced state lawmakers to study the possibility of ending the ban on uranium mining. Since then, PEC has been forwarding data, research and expert advice to the National Research Council, which is conducting a study on potential health and environmental risks. Throughout this process, it has been www.pecva.org/a~x/index.cfm/1.391.3992.0.html/Radioactive-Rivers 3/4 11/20/11 · . Radioactive Rivers - Piedmont Environmental Council - pecva.org evident that the research and science on the risks of uranium mining are woefully insufficient, and have barely advanced since the 1980's. Although the studies will not be complete until December of 2011, Virginia Uranium, Inc. has already stated that it is seeking to end Virginia's ban on uranium mining during the 2012 General Assembly session, next winter. PEC has asked backers of uranium mining to identify five places where it has been done safely, in comparable climates. They have answered with one place: uranium has been mined under humid conditions in France. But a recent by the Commission for Independent Research and Information on Radioactivity (CRIlRAD) in France found: "At all the French uranium mines where it made radiological surveys, the CRIlRAD laboratory discovered situations of environmental contamination and a lack of proper protection of the inhabitants against health risks due to ionizing radiation." The report further stated that downstream from former uranium mines, sediments, aquatic plants and riverbanks "have such a level of contamination that they deserve in many cases the terminology: 'radioactive waste'." We don't want the soils and plants of Virginia to be classifiable as radioactive waste. In the coming year, we will face a major push to open up Virginia to uranium mining, and we need to push back, getting citizens, businesses and communities across the state to send a message to our lawmakers: The risks of uranium mining here are too high. Keep the moratorium in place, to keep Virginians safe. Extensive resources on uranium mining in Virginia, including links to the source documents referenced in this article, are available at 45 Horner St Warrenton, VA 20186 (540) 347-2334 www.pecva.org/anx/index.cfm/1.391.3992.0.html/Radioactive-Rivers 4/4 11/19/11 Uranium Mining ... A Risky peri Keep the Ban on Uranium Mining in Virginia ium .. I in ent I Print Uranium mining threat puts Roanoke River on America's "10 Most Endangered Rivers" list Read More SUMMARY In 2007, Virginia Uranium, Inc., went public with plans to exploit a major uranium deposit in Pittsylvania County, in southern Virginia. The operation would entail extensive mining, a milling facility, and disposal of massive amounts of waste that would leave a toxic and radioactive legacy for centuries. The deposit at the "Coles Hill" farm was discovered years ago, but a statewide ban on uranium mining enacted in 1982 still exists today. Now, the industry is pushing to lift the ban as soon as the 2012 General Assembly. SELC is at the forefront of a statewide citizen effort, the Keep the Ban Coalition, to ensure the statewide ban stays in place. Uranium Mining: A Dangerous Proposal Uranium occurs naturally in the ground, but when exposed to air and water, radiation is released into the environment. There is no precedent for large-scale uranium mining in the East, where the population density and a wet climate increase the chance of radiation contaminating streams and groundwater and exposure to humans. In the last 40 years, nine hurricanes and countless other major storms have deluged Virginia. In 1969, Hurricane Camille dumped 31 inches of rain on central Virginia. In April 2011, at least 30 tornadoes were recorded in Virginia, including one in Halifax County about 20 miles from the Coles Hill site. Virginia has no regulations for uranium mining, and, with less than 1 % of the state's general fund revenues dedicated to environmental programs, is ill-prepared to sufficiently oversee the industry. The federal government has virtually no experience regulating uranium mining in a wet climate. Health and Economic Risks Are High The potential health impacts of exposure to uranium and mining chemicals are well-documented in global studies of people working in and living near mines, and include lung cancer, bone cancer, leukemia, birth defects, weakened immune systems, hormone disruption, and damage to DNA, the kidney and liver. Virginia Beach, which gets its drinking water from Lake Gaston, downstream of the Coles Hill site, released a study concluding that a catastrophic failure of a uranium waste containment structure at the site could contaminate the city's drinking water for as long as two years. Establishment of a uranium industry in southern Virginia would strangle efforts to diversify the region's economy and tllreaten existing businesses-including agriculture, tourism, and recreational fisheries. One of America's Most Endangered Rivers The potential for uranium exists throughout the state; in the early 1980s, the industry leased properties in Culpeper, Fauquier, Floyd, Henry, Madison, Orange, Patrick, and Pittsylvania counties. But the focus now is on the Coles Hill site Pittsylvania County, located in the heart of the Roanoke River www.southernenvironment.org/cases/uranium_mining_in _ virginia/ 1/2 11/19/11 Uranium Mining . wt'ltershed. In May 2011, American Rivers named the Roanoke one ofthe10 most endangered rivers due to the threat of uranium mining. SELC continues to work with the Keep the Ban Coalition and others to educate Virginia citizens and lawmakers about the dangers of uranium mining and to press the state to keep the ban. Filed Under Clean Energy & Air Clean Water This Case Affects Virginia North Carolina Attorneys on Case Cale Jaffe www.southernenvironment.org/cases/uranium_mining_in _ virginia/ ' 2/2 VA Beach Uranilull Mining Study Supports Ban By Admin on Feb 02, 2011 in Safeguarding Communities, Uranium Mining KEEP the BAN The Sierra Club Virginia Chapter commends the City of Virginia Beach for commissioning an independent study on the impacts of uranium mining on the city's drinking water supply. "The Virginia Beach study modeled severe rain events occurring in the area for proposed uranium mining in Virginia", said Eileen Levandoski, conservation program manager with the Sierra Club. "The study clearly indicates great cause for concern for the citizens of not only Virginia Beach, but also Chesapeake and Norfolk who get their drinking water from a downstream source of the proposed mine site, Lake Gaston." "The City of Virginia Beach is to be applaud~d for its leadership in protecting the health of its citizens by commissioning this study", added Glen Besa, director of the Sierra Club Virginia Chapter. "The study commissioned by the Commonwealth, conducted by the National Academy of Sciences, and paid for by the uranium mining industry is dangerously devoid of any site specific study." The Virginia Beach study was presented yesterday (Feb. 1,2011) by Tom Leahy, Director of Public Works, who was instrumental in pushing Council to underwrite the $400,000+ study. The study will be available online at vbQov.com/pu on Friday. Mr. Leahy is the featured speaker at the Sierra Club Chesapeake Bay group meeting on Monday, Feb. 7th, 7pm in the Shafer Room at Virginia Wesleyan College. Councilman Jim Wood will offer introductory remarks. The meeting is open to the public. The Sierra Club has also scheduled meetings on Friday, Feb.4 with city officials in Chesapeake and Norfolk, with their own expert, Robert Tohe, who is involved in a coalition of native groups working with residents in New Mexico and Arizona who still suffer from the health effects of past uranium mining and milling operations. "Radioactive waste from ura,nium mining and milling has been linked to increases in leukemia, kidney disease, and other severe health problems", said Besa. "Uranium was mined on Navajo Territory for over fifty years and the impacts are still felt. This is not what Virginia wants in its future. As the Virginia Beach study proves, rain events like Tropical Storm Gaston, which dumped 14 inches of rain on Richmond - could overwhelm uranium operations." See also "Beach study warns of risk if uranium mine floods" in the Virginian-Pilot and "Worst-case spill study released by Virqinia Beach" in the Danville Register & Bee. 't' J., ~o ~D\\ Q,;1 I Bt.trda tit/lit) ---LJ, " ./i) .,. (/~ RESILUTltNS l RESOLUTION OPPOSING'LIFTING THE BAN ON URANIUM MINING IN THE COMMONWEALTH OF VIRGINIA THAT POSES AN ENVlRONMENTALTHREATTO " THE ROANOKE RIVER BASIN AND TO THE CITIZENS OF VIRGINIA AND NORTH. . ,',.,.... .... CAROLINA ' ; . j .' . .;. i' OtL55J-~ . LIVlNGINTHEBASINi . .... ~../ Vlt / 5~~'( ~i. WHEREAS, the Martinsville-Hemy County NAACP recognizes that a healthy and sustainable environment is important to the citizens, theecoriomy and the need for ,. '. supply of Quality water in the Basin; and rV it ~ s ~ 'It Ck-n{, . . WHEREAS, the Martinsville-Hemy County NAACP~ is in support of the strategies and developments that enhance the preservation and use of the Roanoke River Basin's resources for now and future generations of its citizens; and; ',.. l ~ WHEREAS; there is a proposed: uranium miriing and milling operation at Co1es'Hill in " PittsylvaniaCounty, VA; which would :requite lifting the current ban on such .' . operations in the Commonwealth of Virginia; and ... LI WHEREAS, on'February 1, 2011; the City of Virginia Beach released thefIndingsoftts study of impacts of proposed uranium mining and milling on its water supply coming from Lake Gaston; and -- ) WHEREAS, . the City of Virginia Beach' study concluded that in the event 6fa'mill tailing confmement cell failure, the tailings will be washed downstream and will significantly impact water quality in Kerr Lake Reservoir and Lake Gaston resulting in radiation levels in the water 10-20 times above the Safe Drinking Water Act levels; and Y It ,Skie CtJy,.f; WHEREAS, the ManHRid.;l18 II............} CMlHty NAACP recognizes that t,he event mocieled in the City of Virginia Beach study is rare but the magnitude of potential impacts on too great extend a great amount of people of colqr leave it to cl1anc~; and. ... fo /1 : , .,' .. . 1 WHEREAS, because of the presence of the. uranium niillin the Basin thatc,an be us~d to process 'ore mined at other' mining, sites jp and/or throughotlt the Comnumwealth of Virginia;inclllding but not limited to Orange County, Madison and, Fauquier ' Counties, Culpeper County, Patrick County and Floyd Counties, the Basin that serves as a drinking water source for over one million people could face increased risks associated with uranium mining, milling, and storage of radioactive waste; and ." , . WHEREAS, the best available scientific information indicates that the social, \' environmental, health and economic impacts ,of proposed uranium mining and milling \ in Virginia outweigh expected benefits to the' residents in the Commonwealth of Virginia and the State of North Carolina; , . Virtl~'1fCl ~~ Cl>V)-Po . NOW, THEREFORE; BE IT RESOLVED, that the~~iJu.l.rtil~Iltm;1)Coe,.:rt.Y NAACP executive goes on public record in opposition to lifting the ban on uranium mining in the Commonwealth ,of Virginia. 1 .~~ ~~ RESOLUTIONS OWN that a quorum of the Martinsville~He 'N- CP members were present ata mee' c 24,2011 and the foregoing Res()lution was duly adopted at 'said . g by theaffiriiia . all members; and opposed by none; ~ Resolution has been duly recorded in the rmn s-aBci.iL~~ ~ffect. -.. President Naomi L. Hodge~Muse . RESOLUTION I Death Penalty in Virginia WHEREAS the struggle of the people to stop the execution of Troy Davis awakened . -.-- .'. . peop:1e to t4e unfa.in1ess,capriciousness and raqial injustice inherent in the criminal injustice system; and WHEAREAS the.State ofGeorgia~srefusal to truly consider the recantation of testimonies given by 7 of the g'persons, who falsely accused Troy Davis of the killing; . and WHEAREAS Troy Davis galvanized African people's attention on the death penalty; and Be it resolved that VSC.units 'willwork to educate the public on the arbitrary and discriminatory nature of the criminal injustice system and the unfairness and inhumanity of the death penalty. Be it finally resolvedthaJi:,theVSC units will work with Virginians against the death penalty, murder victims for reconciliation and other organizations when possible or \J-fv~ necessary~the approval ofth~national office that oppose the death penalty to fight the expansion of the death penalty and to attain a moratorium on execution in Virginia. p Submitted by King Salim Khalfani RESOLUTION n ftll eJ l\eAJJ\M ~. ~ucation ~.Vi~~a WHEREAS urban education in Virginia is sorely lagging behind suburban education, WHEREAS public education monies are based oniricome tax brackets meaning that if you have high incomes you have world class facilities, curriculum and instruction; and · 2 RESOLUTIONS WHEREAS nationally 200,000-educators were lost through layoffs in urban school districts; and WHERAS in the capitol city of Virginia (Richmond) for example, 15-schoolswere built between 1911-1925 and another 15-17 were built between 1925-1932; and WHEREAS in Richmond for the year 2010-2011,74% of the students live below the poverty line; and WHEREAS for the last decade Richmond has averaged betWeen 72-76% of Richmond's school children live in poverty; and WHEREAS the city of Richmond is building its fIrst high school in over 40-years but . . -'. '. -. \ the surrounding counties have built 15 new high schools including one high school twice; and , WHEREAS urban schools need better technology, textbooks, facilities, and career- . based curriculum's; and WHEREAS the Standards of Learning tests detract from education and force education to teach to the tests; and .., . BE IT RESOLVED that the VSC NAACP will advocate for an end to the Standards of Learning tests in Virginia; and BE IT FINALLY RESOLVED the VSC NAACP will advocate with state and local legislators and within our communities for more parental involvement as partners in their community schools and that all public schools becOJnet?overnor's schools, : Magnet schools, Alternative schools, Charterschoolslanrworld class educational institutions where our children's ability to learn at tte highest degree possible in public schools. Submitted by King Salim Khalfani Resolution III f#':reA Virginia Board of Education's Approval of Five Ponds Publisher's Books . M. Whereas Five Ponds Press published books that were approved and purchased for use in the Public Schools in Virginia that were fIlled with inaccuracies, outright lies and myths, Whereas this publisher used internet based non-scholarship to develop its position that Mrican people gleefully fought for the confederacy, Wher.eas their books were. filled with typographical errors indicating that they used. sub-par editors, 3 RESOLUTIONS Whereas, these unconscionable facts were caught in the act of confederatizing the children of Virginia, Be it resolved that the VSC Units will advocate and write letters to the Virginia Board of Education and Governor of Virginia to. reverse their decision to .allow this publisher's revised books back in the public schools in Virginia. I -,j,. li\,t'\~ 6)~ . . . Submitted by King. Salim Khalfani V if ~ r (l . l. . '..) . Resolution IV fI/l:;/lt5y/it 'I tl. 20~)1:tS~dY Empowers the Govemor and General Assembly to Act t~ WHEREAS the 20 II Commonwealth of Virginia Dispari1;y Study indicates that the ~ disparity still exists related to Mrican businesses, suppliers and professional services; ~Q, and ... . '1'01/.1 , WHE~S the study indica~es that "rac~neutral" policies have not succeeded in the '" .~)Vj)fYlltl~~s.awardmg of contracts to Mncan companIes; and . (;,P ,., /" / WHEREAS all so-called minorities in every category were found to be under-utilized; and WHEREAS white businesses were unanimously found to be over-utilized; and WHEREAS the 2004 and 2011 Disparity Studies include recommendations implemented by other localities and states that are effective policies that make the awarding of contracts more proportional; so BE IT RESOLVED that the VSC units demand that Gov. McDonnell and our local members of the House of Delegates and the State Senate act to end the disparity in . contracts awarded t~aE7contractors, suppliers, professional services firms and others immediately. 'fl . ... Submitted by.King Salim Khalfani . ~~, Improving Public Safety through Prisoner Re-Entry ~/WHEREAS, Governor Bob McDonnell released his position on Re-entry Program in the ~ spring 2011 to prepare prisoners for succesSful re-entry safety policy WHEREAS it creates an opportunity for reduced recidivism, and reflects the idea that America is a nation which believes in second chances. WHEREAS Virginia has developed a four year re-entry plan to address the transitional needs of juveniles and adults that address criminogenic needs designed to help 4 RESOLUTIONS change criminal thinking habits and help offender's practice socially responsible thinking and behavior during incarceration ~ 4 'vV~. C[A . ! I .t _ . .J5,D ~IVl~e.. . ! w, t/~ BE IT RESOLVED, that the (State has prepared a four-year plan for re-entry, W~ca11 ... ~ .~_~l'~.9.E:~_<:'~~13J>io!?:.!~plem~nt <iP_~~s~ f9I_~~ployP~~~_~~?~- viol~ felons to ~::p~~~.~!,.~ be em~~b.l.~~-s.tate. of~Ufea-.l~h Submitted Rovenia Vaughan 2011-Personal Responsibility= The Six Pillars of Character ~~L~ WHEREAS the conduct and acts of African Americans does not appear to place a ~Q +te,,~ value on human life; and .' . ~// WHEREAS, the use of weapons are noted contributors to irresponsibility; and . (J~~f\cW~ EREAS, there has always existed in the African American community a strong " ~. belief and commitment to the rights of passage used to motivate individuals to their duties and responsibilities as adults; and . WHEREAS the Josephson Institute of Ethics called together executives of leading educational and youth services to cteterminehow we can best impact character development in children; and WHEREAS, this group came up with six values that are used today in Character Counts as Trustworthiness, Respect, Responsibility, Fairness, Caring and Citizenship WHEREAS these values grew out of the Judeo-Christian tradition; however, they also have core values of all major religions in the world thereby transcending religion, race, gender, economic circumstances, etc: BElT THEREFORE RESOLVl:D, the Virginia State Conference NAACP "call" for individuals to take full responsibility to reduce the violent crime rate, high school drop- out, and a decrease in the pregnancy rate outside the family structure BE IT FURTHER RESOLVED that we call upon parents, guardians, and responsible adults and the religious commu:qity to be aware of teaching values to include these six characters traits and to teach the societal norm to see values everywhere they go. ~tY V Vv\.. (G1- f ~~ 5 RESOLUTIONS ~~ -to CJi0' fYV i 2011 State Conference Convention Resolutions Packet #1 t Y E ~ '1' In Support For Online. Registration Option for State Convention Registration . Process .. N1Jv0 '. JI'll~l WHEREAS, we live in a culture that is increasingly environmentally friendly, generally j'rv~?referred to as "being green"; and. . WHEREAS, NAACP units are required to present credentials and registration information to the Credentials Committee at the state convention, held annually; and . Hampton University NAACP WHEREAS, the Virginia State Conference NAACP and the Virginia State Conference NAACP Youth and College Division could gather such convention registration information by utilizing an online registration system; and WHEREAS, providing an option for units. to electronically submit their convention registration information would save time and money, (both of which are highly valued) as well as encourage units to employ the advance registration option. THEREFOE, BE IT RESOLVED that the Virginia State Conference NAACP and its . Youth and College Division fully supports the development and implementation of a state wide online registration system; and BE IT FURTHER RESOLVED that the statewide online convention registration system shall be herein-after referred to as "Virginia NAACP Online Registration System" of "V A-ORS"; and BE IT FURTHER RESOLVED that the Virginia State Conference NAACP and its Youth and College Division calls on the Executive Director to prepare a detailed written proposal outlining full implementation of the V A-ORS to the Executive Committee at its January 2012 meeting; and BE IT FURTHER RESOLVED that upon receipt of such proposal at its January 2012 . meeting, the Executive Committee shall adequately appropriate resources: physical, technological, and financial to ensure the successful implementation of the V A-ORS; and BE IT FURTHER RESOLVED that the Convention Planning Committee shall be charged with overseeing the full implementation of the V A-ORS and shall ensure that units and members of the Virginia State Conference NAACP are adequately informed of the system and its proper use; and BE IT FURTHER RESOLVED that the V A-ORS be ready for use by July 1,2012 and that units receive instructions on the secure use of the V A-ORS in writing along with the convention credentials and registration information mailed annually; and 6 RESOLUTIONS BE IT FURTHER RESOLVED that the Credentials Comririttee shall have access in to all information contained in V A-ORS during the convention; and BE IT FINALLY FESOLVED that the Executive Director prepares a written report outlining the development ofVA-ORS to be presented to the ~~102 State Convention during his annual report. Z,c 1 z ~~-t&eY' ~ In Support of Reimbursement of Virginia NAACP Youth and College Leadership 'rff\ {'i\' Travel ~penses M ~ .... . no u \ WHEREAS, elected youth officers ancl executive committee members of the Virginia "Iv rJ\ b State Conference NAACP Youth and College Division hereinafter referred to in this resolution as "state officers" from time to time travel the state and abroad as part of ~rv: their duties to "have general controlofthe affairs and program of the State/State Area Youth and College Division" (Article VIII, Sect2.a, State/State-Area Conference Youth & College Guidelines); and Hampton UiliversityNAACP 2011 State Conference Convention Resolutions Packet #2 WHEREAS, from time to time, there are no youth and college .members whom hold their membership within complaint youth units of the Virginia State Conference NAACP Youth and College Division that also serve on the N,ationalYouth Work Committee and/ or the National Board of Directors; and WHEREAS, such youth and college members, her in after referred to in thisr~solution as "regional youth representatives" serving on the National Youth Work Committee and/ or the National Board of Directors represent Region VII, which includes the Virginia State Conference NAACP and its Youth and College Division; and WHEREAS, state officers and regional youth representatives many times are burdened with out-of-pocket expenses related to their work either serving the Virginia State Conference NAACP Youth and College Division on the state level or representing the Virginia State Conference NAACP Youth and College Division on the regional and national levels; and Whereas, state officers and regional youth regional youth representative, who are all under the age of 25, are in high school, college or have just entered the workforce and most have limited fmandal resources to bear out-of-pocket expenses; and Whereas, there are no existing policy and/or procedure regarding the reimbursement of state officers and regional youth representatives; and Whereas, those regional youth representatives serving on the National Youth Work Committee and National Board of Directors have limited, finite assistance for travel reimbursement from the National Office; and 7 RESOLUTIONS Whereas, many times those serving as regional youth representatives do so concurrently while serving as state officers; and Whereas, the Virgini~ State Conference NAACP Youth and College Division currently. has a very limited fmancial capacity to assist its state officers and regional youth representatives with travel reimbursement; and Whereas, such a lack of financial capacity of the Youth an.d College Division should not impede on assisting state officers and regional youth representatives with being reimbursed for necessary ouf-'of-pocket travel expenses including but not limited to: transportation, lodging and food. .~' . Therefore be it resolved that Virginia State Conference NAACP Finance Committee with consultation of the state youth president and Youth and College Executive Committee, establish and appropriate policy to address the issues pronounced in this . . . resolution; and Be it further resolved that the Virginia 'State Conference NAACP Executive Committee appropriate an additional budget line item, of no less than $1,500.00 during its January meeting annually; and Be it further resolved that this budget item be accessible directly to such recipients meeting the criteria set forthin this resolution by the normal method employed by the Virginia State Conference NAACP Finance Committee; and Be it finally resolved that a written report outlining the specific use of the budget item during the current and preceding year be prepared by the Virginia Conference NAACP Finance; Committee and presented to the Youth delegates annually at the state convention for review and adoption. Igww. AetJ - ~a-(Q~in . ~ ~ ?r-e0;' ,~~ fkL~~~1 b~ ~} S~ Ie <A-Ut Lt.v1/k ~~/?~ J<{.ge/~4-eF .~ Lvv1 /6 & (Le.r<<-''rJ w ~Ii'<-fi<:e 1-0 bcL8y-/ ~ 1\k ) J~. /~~}f7 ~....---_..."._..-._-' .../ ,/,-"",,-- ) ------~gk__..~. ...~/",. .-....-..;;-<....- f2 f!) 1"- '3 ",///._"~~=-=~.:;::>-"'2-_. ~./...../ ".." 3 7./~ c;/ ~ ..-'""-"',.....,,~...-...~."<.. --- ----- N a)I-j ~ bt9~M- ~.'tf~' boj c(~) . J't-O-VZ- d ~ ~/L~ 8 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, MMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk November 22,2011 The Honorable Octavia L. Johnson Sheriff Roanoke, Virginia Dear Sheriff Johnson: I am enclosing copy of Resolution No. 39258-112111 accepting the State Criminal Alien Assistance Program (SCAAP) grant from the Bureau of Justice Assistance Office of Justice Programs, and authorizing execution of any required documentation on behalf of the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 21, 2011. Sincerely, ~1Y1.~ Stephanie M. Moon, MMC City Clerk SMM:jec Enclosure pc: Christopher P. Morrill, City Manager William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance Amelia Merchant, Director, Management and Budget ~~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of November, 2011. No. 39258-112111. A RESOLUTION accepting the State Criminal Alien Assistance Program (SCAAP) grant from the Bureau of Justice Assistance Office of Justice Programs, and authorizing execution of any required documentation on behalf ofthe City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the State Criminal Alien Assistance Program (SCAAP) grant from the Bureau of Justice Assistance Office of Justice Programs in the amount of $21,823 upon all the terms, provisions and conditions relating to the receipt of such funds. The grant is more particularly described in the letter of Sheriff Octavia Johnson to Council, dated November 21, 2011. 2. The Sheriff, the City Manager and the City Clerk are hereby authorized to execute, seal, and attest; respectively, the grant agreement and all necessary documents required to accept the grant, all such documents to be approved as to form by the City Attorney. o 3. The Sheriff is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. ATTEST: ~~rn.mOOr0 , City Clerk. - G ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of November, 2011. No. 39259-112111. AN ORDINANCE to appropriate funding from the Federal government for the State Criminal Alien Assistance Program (SCAAP), amending and reordaining certain sections of the 2011-2012 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 2011-2012 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Vehicular Equipment Revenues SCAAP FY12 35-140-5909-9010 $21,823 35-140-5909-5909 21,823 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: : 1-:+.:./) ... \~ !~tl). .~ .. .. . . City Clerk. Yre ROANOKE SHERIFF'S OFFICE ()~ !~, $/wuIJ November 21,2011 Honorable David A. Bowers, Mayor Honorable David B. Trinkle, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable Raphael E. Ferris, Council Member Honorable Anita J. Price, Council M~mber Honorable Court G. Rosen, Council Member Honorable Sherman P. Lea, Council Member Dear Mayor Bowers and Members of Council: Subject: SCAAP Reimbursement Grant , The State Criminal Alien Assistance Program (SCAAP) is administered by the Bureau of Justice Assistance Office of Justice Programs in conjunction with the U.S. Department of Homeland Security. SCAAP provides federal payments to states and localities that incurred correctional officer salary costs for incarcerating undocumented criminal aliens who have at least one felony or two misdemeanor convictions for violations of state or local law. These guidelines apply to those individuals who were incarcerated for at least 4 consecutive days during the reporting period. On September 29, 2011, the Sheriffs Office was awarded $21,823 in grant funding. There is no required match for this program. In order to comply with grant requirements, all awarded funding must be used to partially fund the purchase of a new van. The new van will replace an older model in the city fleet and will be utilized to transport offenders. Recommended Action: Accept the SCAAP Reimbursement Grant described above and authorize the City Manager to execute the grant agreement and any related documents; such documents to be approved as to form by the City Attorney. In addition, adopt the accompanying budget' or'din~hceto'establish a revenue estimate in the amount of $21,823 and to appropriate the same in an account to be established in the Grant Fund by the Director of Finance. P.O. Box 494 Roanoke, VA 24003, 540.853.2941, fax 540.853.5353 OLJ:dkb cc: Christopher P. Morrill, City Manager Stephanie M. Moon, City Clerk William M. Hackworth, City Attorney Ann H. Shawver, Director of Finance R. Brian Townsend, Assistant City Manager Amelia Merchant, Director of Management and Budget CITY COUNCIL AGENDA REPORT To: Meeting: Subject: Honorable Mayor and Members of City Council November 21, 2011 SCAAP Reimbursement Grant I concur with the recommendation from Octavia L. Johnson, Sheriff for the City of Roanoke, with respect to the subject referenced above. I recommend that City Council accept the State Criminal Alien Assistance Program (SCAAP) Reimbursement Grant and authorize the City Manager to execute the grant agreement and any related documents; such documents to be approved as to form by the City Attorney. I further recommend adopting the accompanying budget ordinance to establish a revenue estimate in the amount of $21 ,823 and to appropriate the same in an account to be established in the Grant Fund by the Director of Finance. Christopher P. Morrill City Manager Distribution: Council Appointed Officers \J~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of November, 2011. No. 39260-112111. A RESOLUTION authorizing acceptance ofthe FY2012 Fire Programs Funds Grant made to the City of Roanoke by the Virginia Department of Fire Programs, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council ofthe City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the Virginia Department of Fire Programs the FY2012 Fire Programs Funds Grant in the amount of $247,483, with no local match, such grant being more particularly described in the report of the City Manager to Council dated November 21,2011. 2. The City Manager is hereby authorized to execute and file, on behalf ofthe City, any documents setting forth the conditions of the grant in a form approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required by the Department of Fire Programs in connection with the acceptance of the foregoing grant. ATTEST: ~h" mo.~ .. City Clerk. l.J R-Fire Program Grant 20 12.11-21-20 1 I.doc ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA. The 21st day oL November , 201l. No.39Z61~L1211r. AN ORDINANCE appropriating funding from the Commonwealth of Virginia Department of Fire Programs, amending and reordaining certain sections of the 2011-2012 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 2011-2012 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Expendable Equipment <$5,000 Training and Development Wearing Apparel Recruiting Regional Fire Training Academy Revenues Fire Program FY12 35-520-3341-2035 35-520-3341-2044 35-520-3341-2064 35-520-3341-2065 35-520-3341-9073 $ 72,483 10,000 100,000 5,000 60,000 35-520-3341-3341 247,483 . Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~~h1,h1o~ City Clerk. l CITY COUNCIL AGENDA REPORT To: Meeting: Subject: Honorable Mayor and Members of City Council November 21, 2011 Department of Fire Programs Grant Background: The Fire Programs Fund was established by the General Assembly during the mid 1980s. Program guidelines require that funds received are non-supplanting and may not be used to replace existing local funding. Funds must be used in accordance with the provisions established by the State Department of Fire Programs. There is no local match requirement for this program allocation. The City of Roanoke's FY 2012 allocation of $247,483 from the Department of Fire Programs was deposited into account 35-520-3341-3341. The Roanoke Fire-EMS Department will be using these funds for the following items: Expendable Equipment < $5,000 Training and Development Wearing Apparel Recruiting Regional Fire Training Academy Total: $ 72,483 $ 10,000 $ 100,000 $ 5,000 $ 60.000 $ 247,483 Considerations: Council action is needed to accept the funds totaling $247,483 from the Department of Fire Programs to be used as described above. Recommended Action: Authorize the City Manager to accept the grant and file any documents, approved as to form by the City Attorney, setting forth the conditions of the FY2012 Fire Programs Funds Grant, and to furnish such additional information as may be required. Adopt the accompanying budget ordinance to establish a revenue estimate for the Fire Programs Fund Grant for FY 2012 and to appropriate funding in the amount of $2 4 in accounts to be established by the Director of Finance in the Grant Fund. Christopher P. Morrill City Manage r Distribution: Council Appointed Officers 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, MMC City Clerk CECELIA T. WEBB Assistant Deputy City. Clerk November 22,2011 Cindy H. Poulton, Clerk Roanoke City School Board Roanoke, Virginia Dear Ms. Poulton: I am enclosing copy of Budget Ordinance No. 39262-112111 appropriating funding from the Federal and Commonwealth governments and local grants for various educational - programs and amending and reordaining certain sections of the 2011-2012 School Grant Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 21, 2011, and is in full force and effect upon its passage. Sincerely, ~m.~~ Stephanie M. Moon, MMC City Clerk SMM:jec Enclosure pc: Christopher P. Morrill, City Manager William M. Hackworth, City Attorney Ann Shawver, Director, Department of Finance Amelia Merchant, Director, Department of Management and Budget ~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of November, 2011. No. 39262-112111. AN ORDINANCE to appropriate funding from the Federal and Commonwealth governments and local grants for various educational programs, amending and reordaining certain sections of the 2011-2012 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 2011-2012 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Teachers Social Security Health Insurance Materials & Other Supplies Advertising/Outreach Contracted Services Materials & Supplies Materials & Supplies Materials & Supplies Virginia Retirement System Health/Dental Insurance Mileage Instructional Supplies Assessments Advertising Revenues Local Match Federal Grant Receipts Federal Grant Receipts Federal Grant Receipts State Grant Receipts 302-160-0000-1304-101 F-61100-41121-9-07 302-160-0000-1304-101 F-611 00-42201-9-07 302-160-0000-1304-101 F-611 00-42204-9-07 302-160-0000-1304-101 F-611 00-46614-9-07 302-160-0000-1304-101 F-611 00-43361-9-07 302-110-1102-0300-123F-61100-43313-2-05 302-150-1305-0300-171 F-611 00-46614-2-01 302-150-1305-0380-171 F-611 00-46614-2-01 302-150-1305-0370-171 F-61100-46614-2-01 302-110"0000-1 000-305F-611 00-42202-9-09 302-110-0000-1 000-305F-611 00-42204-9-09 302-1.1 0-0000-1 000~305F-611 00-45551-9-09 302-110-0000-1 000-305F-611 00-46614-9-09 302-110-0000-1 000-305F-611 00-45584-9-09 302-110-0000-1 000-305F-611 00-43361-9-09 $ 2,485 190 196 1,165 400 3,000 1,000 .1,000 1,000 1,526 5,330 750 (1,050) (3,000) (1,000) 302 -160-LMA T -0000-1 01 F -00000-72000-0-00 302-000-0000-0000-101 F-00000-38002-0-00 302-000-0000-0000-123F-00000-38287 -0-00 302-000-0000-0000-171 F-00000-38076-0-00 302 -000-0000-0000-305 F -00000-32220-0-00 646 3,790 3,000 3,000 2,556 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: 'A~dr1, h1()~ City Clerk. ~ November 21, 2011 The Honorable David Bowers, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As a result of official School Board action on November 8, 2011, the Board respectfully requests City Council approve the following appropriations: Additional Award $4,436 Revised Appropriation Adult Basic Education 2011-12 Title IV-B 21st Century Community Learning Center 2011-12 Garden City Math Specialist Expansion Research Grant 2011-12 Child Development Clinics 2011-12 $3,000 $3,000 $2,556 The School Board thanks you for your approval of the appropriation requests as submitted. Sincerely, ~-it. p~ Cindy H.Jpoulton, Clerk pc: . William M. Hackworth Chris Morrill Ann Shawver David B. Carson Rita D. Bishop Curt Baker Margaret Lindsey - Acquenatta Harris (w / details) p: 540-853-2381 f: 540-853-2951 P.O. Box 13145 Roanoke, VA 24031 www.rcps.info ROANOKE CITY PUBLIC SCHOOLS Strong Students. Strong Schools. Strong City. School Board David B. Carson Chairman Todd A. Putney Vice Chairman Mae G. Huff Annette Lewis Suzanne P. Moore Lori E. Vaught Richard Willis Dr. Rita D. Bishop Superintendent Cindy H. Poulton Clerk of the Board CITY COUNCIL AGENDA REPORT To: Meeting: Su bject: Honorable Mayor and Members of City Council November 21,2011 School Board Appropriation Requests Background: As the result of official School Board action at its November 8th meeting, the Board respectfully requested that City Council appropriate funding as outlined in this report. The Adult Basic Education program grant will be increased by $4,436 to provide funds for the education of adults who have not completed high school. The program will be reimbursed by federal funds in the amount of $3,790. Matching funds will be provided in the amount of $646. The increase will align the budget with the final award amount of $201,460 determined by the Virginia Qepartment of Education. The program will end December 31,2012. The Title IV-B Community Learning Center (CLC) grant of $3,000 was awarded to the Garden City School. The grant addresses the critical attendance, academic, and parental involvement needs of the school in a safe, supervised, and nurturing environment. The CLC is designed to provide significant expanded learning opportunities after school and during the summer that contribute to reducing violence and drug use while assisting students to meet or exceed local and state standards in core academic subjects. The program will be fully reimbursed by federal funds and will end September 30,2013. This is a continuing program. The 2011-12 Math Specialist Expansion Research grant of $3,000 is provided through a subaward issued by Virginia Commonwealth University from the National Science Fou ndation (NSF) to provide $1 ,000 per school for materials and supplies needed by each school's math specialist. Garden City, Fishburn Park and Monterey Elementary Schools will receive fu nding for the 2011-12 school year to study the expansion of the K-S math specialist program into rural school systems. This program builds on a successful NSF-funded Math and Science Partnership program that developed a collaborative Maste~s degree program for K-S math specialists in Virginia. This program will end July 31, 2012. The 2011-12 Child Development Clinics program grant of $2,556 provides funds toward the salary and expenses of the educational coordinator at the Care Connection and Carilion Child Development Clinics operated by the Virginia Mayor and Members of City Council November 21 , 2011 Page 2 Department of Health. The program will be fully reimbursed by state funds and will end June 30, 2012. This is a continuing program. 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. ~\;J~ AN N . AWVER __________ Director of Finance '-- Distribution: Council Appointed Officers Rita D. Bishop, Superintendent, RCPS Curtis Baker, Deputy Superintendent for Operations, RCPS 2 CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCHAVENUE, S.w., SUITE 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540) 853-2444 FAX: (540) 853-] ]45 DAVID A. BOWERS Mayor November 21 , 2011 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Vice-Mayor Trinkle and Members of Council: This is to advise you that I will not be present at the 7:00 p.m. session of Council on Monday, November 21, 2011. Best wishes for a successful meeting. Sincerely, ~CG?~ David A. Bowers Mayor /ctw f) (jG IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of November, 2011. No. 39263-112111. AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the conveyance of a 3.0 acre portion of City-owned property, otherwise known as Buena Vista Center, bearing Official Tax No. 4130501, to Scott and Ascension Borchler, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. WHEREAS, a public hearing was held on November 21, 2011, pursuant to 9915.2- 1800(B) and 15.2-1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such conveyance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, the necessary documents, providing for the conveyance of a 3.0 acre portion of City-owned property, otherwise know as Buena Vista Center, bearing Official Tax No. 4130501, to Scott and Ascension Horchler, for the purchase price of $30,000.00, upon certain terms and conditions, and as more particularly stated in the City Manager's report to this Council dated November 21,2011. 2. All documents necessary for this conveyance shall be in form approved by the City Attorney. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. \ \_", ATTEST:. '~.hJ..~ CIty Clerk. CITY COUNCIL AGENDA REPORT To: Meeting: Subject: Honorable Mayor and Members of City Council November 21,2011 Request Sale of a 3 Acre City-Owned Property - Former Buena Vista Recreation Center Background: Scott and Ascension Horchler approached the City regarding the purchase of a three-acre City-owned parcel in Jackson Park, which contains the former Buena Vista Recreation Center, in February 2010. Upon the authorization of City Council by Ordinance No. 38863-062110, the City entered into an Agreement dated June 22, 2010, with the Horchlers for purchase of the property under certain terms and conditions and a purchase price of $ 7 5 ,000. On August 19, 2010, the Horchlers' application to rezone the 3 acre property from RQS, Recreation and Open Space, to MXPUD, Mixed Use Planned Unit Development was approved by City Council so the property could be used as a single family residence. The City and the Horchlers executed Amendment No. 1 to the sales contract, dated November 8,2010, which extended the closing date to no later than April 1, 2011, giving the Horchlers time to sell their home in Midlothian, Virginia. Amendment No.2 to the sales contract, dated March 22, 2011, was executed by the parties to further extend the closing date to no later than July 1, 2011, for the same reason. With the end of the term of the second contract extension, and not having sold their Midlothian residence, the Horchlers decided not to pursue the purchase further. The City has continued to market the property for sale since that time. In October of 2011, the Horchlers' home in Midlothian sold, and they contacted City staff regarding the continued availability of the Buena Vista property. Subsequently, the Horchlers re-submitted a proposal to purchase the three-acre parcel with an offer of $30,000. However, this does not take in to account the projected cost to restore the building which was estimated in 2003 by Spectrum Design to be in excess of $285,000. In 2011 dollars, the total cost for the same repairs would be over $335,000. The 3 acre property will be conveyed to the Horchlers under the same terms and conditions as contained in the previous sales contract and as outlined below, as well as with the conveyance of an easement to the Horchlers across City-owned property for ingress and egress between the three-acre parcel to be conveyed and Penmar Avenue. The Horchlers have agreed to increase their first year investment requirement to $100,000 in consideration of a reduced pu rchase price. The purchasers have agreed to develop and use the Property in conformance with the following deed restrictions which will survive closing: · The Property shall be used primarily as a single-family residence, but may be used for other uses as permitted by the zoning of the property · Any renovations to the Property shall be undertaken in conformance with standards appropriate to its status as a National and Virginia Historic Landmark. · The building on the property known as Buena Vista shall not be demolished or removed, in whole or in part, without the prior approval of Seller. · The Property shall not be subdivided or sold in fee other than as a single parcel, without the prior approval of Seller. · In the event that Pu rchaser has not commenced renovations to the Property in an amount of at least $100,000, within twelve (12) months of Closing, Seller shall have the right to demand that the Pu rchaser convey the Property back to Seller. In such event, Pu rchaser shall deed the Property back to Seller free and' clear of all liens and seller shall return the Purchase Price to Purchaser. In such event, Seller shall be entitled to a deduction for reasonable rent for the time that Purchaser owned the property, and a deduction for any damages that may have been caused the Property. Utilities and taxes shall be prorated as of the date of the reconveyance of the Property to Seller. The Horchlers are prepared to close on the transaction as soon as possible upon City Council's authorization. Considerations: The pu rchasers having prior experience in historic restorations and having undertaken due diligence regarding the condition of the property, met with the Southeast Action Forum on June 2, 2010, to introduce themselves, outline their plans for the property and to answer questions from the community. In addition, the purchasers have extensively researched the history of the property with the assistance of Virginia Departments of Historic Resources and other local sources of historic information. Disposition of this property at the offered value to the Horchlers will relieve the City of current and future cost of maintenance to this structure, and result in the rehabilitation of the property and placement in a taxable status. Proceeds from the sale will be deposited into the Economic and Community Development Reserve. 2 Recommended Action: Authorize the City Manager to execute a Deed, substantially similar in form to the one attached, and any other appropri~te documents, approved as to form by the City Attorney, necessary to transfer three acres and the former Buena Vista Center to Scott and Ascension Horchler for $30,000, and conveyance of an easement to the Horchlers across City-owned property for ingress and egress between the three-acre parcel to be conveyed and Penmar Avenue. ~-------- Christopher P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Susan Lower, Director of Real Estate Valuation Robert Ledger, Manager, Economic Development Cassandra L. Turner, Economic Development Specialist Attachment #1 - Plat Attachment #2 - Deed 3 r;~~~ ...~ a~~~ fill( CD. ~?i""5!Z' hnCl ;,.:f......'....: ;~ oil!.. 'D(Qe~ ~.HlQ~ CI ,~ o CI" ..~... n~~;~ 0 . Ii .;U li!ili8~ :l ~ .! ~~~ ~ (S'm:i! o",lil .. ::I>lil~ 3" !:j"-<z ~ ..:C qa!!!:ili"'!l 0- ''t! ~ " 'n ~Z ~~~ @ ~~ Eg 3" ir~ ~ '" '"'''' ~ i ;lIo " . l)l i'Ji'" a ~ .. ON ~~ ::I' !:il CI ~~ !il ~ .011 00 3" ,..CI i.li.> !D3 ,.,. ..~ m. .!!, . N 01 $:1 .j. b ~qCl 8 -"Ill 8 (1'1 ~~~ 3 aU! 3 'W.lllal .............-... . i~: 81 ~~~I& ~~~;:a c:i.!;!!! lD ""- ~ -- l Uii;; "" p~ t~" U:. .0" :.'.:1 I. lllr/ia lil ~5~ !:i.~"la"'''' ~~m~~: . g~!:i'" ,,~ ~~. .~!ll .;;111 .. !:j~.. o.~ ~~ !:~ g .iIi' ~ .;~..[. ~. 9-:;; ...~. .' ~..o o . ,.(1) ,'0 0 ...... '-"> "'.. ...M !:J ... "'. "tl --... "tl .q~.~~.Q:j. .. ~.~ '-3 ~ to 0 rV !"'oj. = tl:j '-3 '""':: tl>: ~ o~ t>:J '1l ::tl. . ::tll\:l 0 . . ~O::tl c> . ~- C1lo~qO<;)~"':l. il>-lb-~~~~~CI)C":l. ::tl ~C"') ~. ::tl (J) ~c> S;" ::ti~;t:O'-3 b::tl ..". l:'"J(J)t>j'=<:l,,<:~.....,::tl C3 ~~'-.-:.::tl '- .. ~..:": ~ .... l:'"J . . l:'"J.... C::>Ci:! (;3C":l ~. t-< lb- c~~ I;tj......, ~ .'":llb-o ~3~ ~ ::tloc> .~.~ b. .. ot>:J~. ~...~. ~b~8~~b~Ott.l <;)t:t::i'-3'"'3.too'=<:l~ ....<, ..lb-"<:~'-3<;::l ;S 03il>-:<: . .::t: ~ ~:j~txt.b I;tj~ ~ 'c;y ~ ~ o ~ ~ o ~ ~ ~ .. ~ -::, .. Cl~f~ '" ~ ~ . 0 ~. i ~. ~ Iii ~ i~~8~:i!.~~a-~~'~zg~~~~~2 !l o~-iJi"'" "5-~a... l:lo~~ ;;z...~ 2! ~!ll!ll~i\1! ~~~....~ ~eei)j~~mil1~ !'l";'~?'~ "<::J!ilaa 5l!J ~"'!:l!il:;! -:IE i~Qo,lnz ::~fi!o",,",~ .3~d_~ :i!....~ ~ ~~il!2~]~~~~i~~~i~~i~; "'.... 11:1 ~~",51~:a -"Q2l~0~:;! Iii 201.> "3 ;;:$o!ll"l ~~ :i!~"&l g:r l?G~~~~ ~~i'"'~~ ~"'!;l~~~::Ie'" ~li! ~;~~~~ o~d~~ ~~i'l~~~:~~ ~!il ~njo .." Ill:;!",:;!. ~S:ZS!E:r~~ <~ !i~gZ'.;~ ~~"'I~~ !;"ii~~~~~~. elll~!i!lll9:r "'~Ill !;J5 ;!~:r;lilOlll!i!~a ~ t!"<>. ~,,=,CiS CD.... ,., ,.;cgozc "-l::e ~ 1;1 ~~!il~ %~~ l)l> ~_z"'~~~~;;I llg :~~~~i ~;~~~: !il~;:;;~~ ~~ rl~~~~e ~;~;ai h~1j~o~~ :: ~a~;;Jg ~~~...~~ ~,::ulii~~lll~ ~ li1~~J;l...~ i~~~h ~gl~~ ~!!! ~ I z~!!! ..~l;l .1:1% z21;1 :;:15 "' . ~sFz <:I % lJI!:j:;; o~ ~ egi!;e;:i.. !':l 'CI ~l:J '. ~ !i oz5i? ~j !3 " o ., ~~ t ~ll li! ~ ~~ ~ > [ ~ ~~ ~ I ~ .<:. h ~ ~2! ~.!i ,., '~f! ~ III ~n 1;11 ~g: .:i! a ~:ro. "'Iii a . .~ (!J . "' .~ z ~ a ~ ~ i ... :-tai~ :h. ~~~ . g:",?i ..~~ .~ ::I ~ I I I I I 9 1!lu ",. . ~5i !:: j',~""", ;....~\ 'Ilfi~ .... 't/.>t; '''~,,~''.~....;.~~,$: ," ""nlll""\ . ~ > !:l ,.,j ~~.. <). " I I I I . . I e MUN~~D'A'IE.. $.[: I z ~~> ~ .~~ .!;!~!il 31 ~~* ~~~ ~ ~ 5B6.9S' . 751.94 ;; p ., o ~ ~ ~ ~ .... .Q .., Jl ~g* ..' ~.. '~.'.~..'.Q . ..~ . .....i . . 0 z: o '" :z . ". c:I:5 "ll!! ::u.~ ~r: tn. M ;ll . .2 .-.'~ z ...~?Ve~ . "'~. ....... ~, i Y> !'1 ....~b.~. '" .,.. ~ \t::l-' . .lJJ-.'>~ '. J!l . ~ : ....~...!l! .an . fA. ..,",,~~ . . ...... ....... ..~~~= ... . [l~!:lt . ,," .S;~_~Q ... '" ~!:: .. .~ . .t:1 !: .. -.1 .~ ~ C -0 .-g .. c:~;, ,..~!a_~ ~. ./ . ~.. P':-'" _~ V' 1"- .fII. ~ ~~ ~~~:;!~n~'"'mgg~:i!"'g~F~ ~i~:;!<:I~:;!:;!~. . 1:gj:Uiil !ii!ii!ii-~m"'~ iiI!"g 2ii1I-.iii1:!~rHII~ . Q~m ~~~I~d~~ls~~~s~~% =SI~I~li .. >:!..! ~i~g~~~ i~~. ~.~~. ~~. ~:~~~~~~!il~. i'!~ ~e O~.lltlil!il~~r,1!:l(!li!iF "!ll:l!_~ .Z> ~j~. ". . 8~:il~~; _d~;~. :~i~l:j~~:~I' . "'illaq c:"'~~g ~~o ...~:;l8>{llliilb ?Oi:l...~~~. . ~12~:~~!il1~~~ ~g?l~~. j .~~~~~~ F~; ;~;i~=d:;!i~" =i~!~ ~. .~~~~ ... ~g m~"'.!!! ~~ffi~i!\~.. . :-. !" ill ~ ) I I EXEMPTION CLAIMED: GRANTOR IS EXEMPT FROM RECORDATION TAXES AND FEES PURSUANT TO ~58.1-811C(4), CODE OF VIRGINIA THIS DEED made and entered into this _ day of ,2011, by and between the CITY OF ROANOKE, VIRGINIA, a municipal corporation organized and existing under the laws of the Commonwealth of Virginia, Grantor; and SCOTT AND ASCENSION HORCHLER, husband and wife, Grantees, WITNESSETH: WHEREAS, by instrument dated , 2011, the City of Roanoke, Virginia, a municipal corporation organized and existing under the laws of the Commonwealth of Virginia, entered into an Agreement for Purchase and Sale of Real Property with Scott and Ascension Horchler; and WHEREAS, the City Council of the City of Roanoke has authorized this conveyance pursuant to Ordinance No. , adopted the _ day of , 2011. THEREFORE, FOR AND IN CONSIDERATION of the sum of THIRTY THOUSAND and NOll 00 DOLLARS ($30,000.00), cash in hand, the receipt whereof is hereby acknowledged, the Grantor does hereby grant, bargain, sell and convey with Special Warranty unto the Grantees, that certain parcel of land, lying and being in the City of Roanoke, Virginia, and being more particularly described as follows, to-wit: That parcel identified as "Lot 'A' 3.0000 ACRES" on the Plat of Survey Showing the Resubdivision of the "Rogers Reservation" Property Owned by the City of Roanpke and Creating Hereon Lot "A" (3.0000 Acres) and Lot "B" (9.9425 acres) Located on Penmar Ave., S. E., and in the City of Roanoke, Virginia, which Lot "A" will have the street address of 1321 Momingside Street, S. E., together with a 20-foot wide ingress and egress easement across Lot "B'," providing access to LOt "A" from Penmar Avenue, S. E., as shown on the aforedescribed plat, which plat is recorded in Map Book 1, page 3607, in the office of the Clerk of the Circuit Court for the City of Roanoke. This conveyance is made subject to all easements, conditions, restrictions and reservations of record now affecting such property. This conveyance is specifically made subject to certain restrictions, as set forth in the Agreement for Purchase and Sale of Real Property, which restrictions shall survive closing. These restrictions are as follows: ~ 'c 1) The Property shall be used primarily as a single- family residence, but may be used for other uses as permitted by the zoning of the property. 2) Any renovations to the Property shall be undertaken in conformance with standards appropriate to its status as a National and Virginia Historic Landmark. 3) The building on the property known as Buena Vista shall not be demolished or removed, in whole or in part, without the prior approval of Seller. 4) The Property shall not be subdivided or sold in fee other than as a single parcel, without the prior approval of Seller. 5) In the event that Purchaser has not Commenced renovations to the Property in an amount of at least $100,000.00, within twelve (12) months of Closing, Seller shall have the right to demand that the Purchaser convey the Property back to Seller. In such event, Purchaser shall deed the Property back to Seller free and clear of all liens and seller shall return the Purchase Price to Purchaser. In such event, Seller shall be entitled to a deduction for reasonable rent for the time that Purchaser owned the property, and a deduction for any damages that may have been caused the Property. Utilities and taxes shall be prorated as of the date of the reconveyance of the Property to Seller. WITNESS the following signatures and seals: ATTEST: CITY OF ROANOKE, VIRGINIA (SEAL) City Clerk Christopher P. Morrill, City Manager COMMONWEALTH OF VIRGINIA CITY OF ROANOKE To-Wit: The foregoing instrument was acknowledged before me this _ day of , 2011, by Christopher P. Morrill, City Manager, of the City of Roanoke, Virginia, on behalf ofthe City. My commission expires: Notary Public Approved as to form: City Attorney rru lIil ~ lilt, liD ~ .~ f ~ .il ~. , . . I'-! r~ I JJ j! Ii i U 01 i U ! Hi . II. \ II I I Inl!~i u.i I ai 1~ ~ - ~ - fo'l 1'1[1 '~ n ~_. ~ ~_':"\ ~~ Q~fQfoon:;! ~~ '-!!i::Co()~;; '~'i ; '"<:t>.:....g~,,::a (:) ~ . 0::0 ~ Q ;::H~ ~ ~.n!;i 'ii ~ '>l).lI:o..ila-~~~~tI.I(') ~ ;,,~~gli:i~~tIJ~(;l. ~ ~~~J!~ ~~~ ~~ I .~~S~~~~~~~ I ~~~t:i"...o~~~~ ~ '~~~~~~lb~~~ ! ~'"" =~"'::~~o , ib:~~~:t>>.\:j g;~ ~ eJ. ~ · ii;jIP Ilr"~ Ilili~.J~B il;~I~;!~~! tilllf 111; i:=i;illi r~& III-jlii i ~g !~II~III ..I il!i .,.~ Iillll;ililt . i4 ~ lilli I!I 81: 5~s ~I I~I ~i a~~ Illlillllil!tili ~! , ~~III ~11188111~ilai I I l:ti ~fii ,.iJI~ ..~~ i III' . :I~ -il ! .J ~~ i~ '" !" lJING1IOAN[ ST.. !i.E. (50' RIW) ~lli~~i,;a ~lla~lillil'li~ilt:~1 ~ i t-. ~si!JiJli~li ~i! >il! i'l i I 1)IBlilldl~! (~! ~1{g;~i:J!; ~~.!;j ~ / ~:: ;!:I~i~q !I-i, J IAi~;~ .1 II: ~ lJ~d&Jl . ~ . ~ I . :1 ~Lt ,. II' l" ... I ~ ~ The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times --------------------------------------------------+~--~------~-~~~--~-~~-~~ HORCHLER, MR. AND MRS. SCOTT HORCHLER, MR. AND MRS. SCOTT P.O. BOX 8771 ROANOKE VA 24014 \ NOnCE OF PUBLIC I HEARING · The City of Roanoke' . proposes to convey a 3.01 acre 'portion of Clty-ownedl property bearing Tax Map: No. 4130501 along with a' 20 foot wide ingress and egress across the remaining i portion of Roanoke City Tax, Map No. 4130501, being a' portion of the former Buena , Vista Center, to Scott and Ascension Horchler. Pursuant to the requirements of ~~15.2-1800(B) and 1813, , Code of Virginia (1950), as I 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 Monday, November 21, 2011, commencing at 7:00 p.m., or as soon thereafter as the matte.r.may be heard, in the councill Chambers, 4th Floor, Noel C. Taylor Municipal Building" 215 Church Avenue, S.W., I Roanoke, Virginia, 240"11. Further information is available from the Office of ! the City Clerk for the City of iRoanoke at (540) , 853-2541. Citizens shall have the opportunity to be heard and express their opinions on said matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Thursday, November 17, 2011. GIVEN under my hand this 7th day of November, 2011. Stephanie M. Moon City Clerk. :,,; REFERENCE: 83781856 12842120 NPH-S~lk 'of Property State of Virginia City of Roanoke I, (the undersigned) an authorized 'representa ti ve of the Times-World Corporation, which corporation is publisher of 'the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Vir~ia. Sworn and subscribed before me this __1~~day of NOVEMBER 2011. Witness my hand and official seal. PUBLISHED ON: 11/11 \\\\111/111, ,\ Y 'I ,\' p... V. M/f I" ,':--\. ......."/A.'.... 'r'\ ' :i . 'V .... ...... ~v..., ;\f'.0 .... -:, ::"{" :'~O 00(, 0 "'~ -=:. ~ CJ:. ,,0 g09?) . - = OJ : ojt1() S\\)'0 :::::: :: : ?-'C.0~,,~~\Sa1 : ~ :: :: ~'. ~'\ VV '\ (!) :: ",... .~.... .... ...s;:-: ... -=-... ~ .... .... ~ ...... ...... O~ ......... <0 ,'" "I ';J..fONWE~\..\'-(\ "" I I \ \ 1111/1111\\\ \(12842120) TOTAL COST: FILED ON: 190.32 11/16/11 --------------------------------------------------+------------------------ Authorized'~ ~ Signature:_~~t- Billing Services Representative 'ti~~ NOTICE OF PUBLIC HEARING The City of Roanoke proposes to convey a 3.0 acre portion of City-owned property bearing Tax Map No. 4130501 along with a 20 foot wide ingress and egress across the remaining portion of Roanoke City Tax Map No. 4130501, being a portion of the former Buena Vista Center, to Scott and Ascension Horchler. Pursuant to the requirements of ~~15.2-1800(B) and 1813, Code of Virginia (1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Monday, November 21, 2011, 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, 24011. Further information is available from the Office of the City Clerk for the City of Roanoke at (540) 853-2541. Citizens shall have the opportunity to be heard and express their opinions on said matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Thursday, November 17, 2011. GIVEN under my hand this 7th day of November , 2011. Stephanie M. Moon City Clerk Notice to Publisher: Publish once in the Roanoke Times on Friday, November 11,201 L Send affidavit to: Stephanie M. Moon, MMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853-2541 Send Bill to: Mr. and Mrs. Scott Horchler P.O. Box 8771 Roanoke, Virginia 24014 (540) 632-7664 / pt), IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of November, 2011. No. 39264-112111. An ORDINANCE authorizing the proper City officials to execute a contract to sell to 425 Church Avenue, LLC, certain City owned property located at 425 Church Avenue, SW, Roanoke, Virginia, 24016, and identified as Tax Map Nos. 1011206, 1011209, and 1011210, upon certain terms and conditions; authorizing the City Manager to execute such further documents and take such further actions as may be necessary to accomplish the above matters; and dispensing with the second reading by title of this Ordinance. WHEREAS, the Council of the City of Roanoke, after proper advertisement, held a public hearing on the above matter on November 21, 2011, pursuant to Sections 15.2-1800 and 15.2-1813, of the Code of Virginia (1950), as amended, at which hearing all parties and citizens ( . ~. were afforded an opportunity to be heard on the above matters; and WHEREAS, after closing the public hearing, Council believes the sale of such property will benefit the City and its citizens. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are authorized on behalf of the City to execute and attest, respectively, a contract to sell to 425 Church Avenue, LLC, certain City owned property located at 425 Church Avenue, SW, Roanoke, Virginia, 24016, and identified as Tax Map Nos. 1011206, 1011209, and 1011210, upon certain terms and conditions as set forth in the contract attached to the City Manager's Report to this Council dated November 21, 2011. Such contract is to be substantially similar to the one attached to such report,. and in a form approved by the City Attorney. O-Sale of Old YMCA-425 Church Avenue, LLC.doc 1 2. The City Manager is further authorized to execute such further documents, including a Deed of Conveyance, and take such further actions as may be necessary to accomplish the above matters and complete the sale of the above-mentioned property to 425 Church Avenue, LLC, with the form of such documents to be approved by the City Attorney, and to implement, administer, and enforce the above-mentioned contract and any subsequent documents. 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: 011. ~ City Clerk. O-Sale of Old YMCA-425 Church Avenue, LLC.doc 2 CITY COUNCIL AGENDA REPORT To: Meeting: Subject: Honorable Mayor and Members of City Council November 21,2011 Request Sale of 425 Church Avenue, Tax Map Nos. 1011206, 1011209, and 1011210, also known as the Former YMCA Background: 425 Church Avenue, LLC, a Virginia Limited Liability Company, has made a proposal to acqu ire three (3) City-owned parcels located at 425 Church Avenue, S.W. (Tax Map Numbers 1011206, 1011209, 1011210), which is the former YMCA facility. 425 Church Avenue, LLC proposes to renovate the existing building resulting in approximately 8,500 square feet of commercial space and approximately 38 rental apartments. The proposal includes a purchase price of $225,000 and a performance security guarantee of $425,000. The current assessed value of the property is $971,500 for the land including two parcels used for parking and $260,200 for the building which is not useable in its current condition. The amount of the purchase price and performance security was derived in such a way as to protect the City's interest in the value of the land given the limited value of the improvements contained on the property. A Contract for Pu rchase and Sale of Real Property (Contract) has been developed which will convey the property to 425 Church Avenue, LLC, under certain terms, conditions, and performance obligations of the buyer prior to, and subsequent to, the real estate closing. A copy of the draft of the Contract is attached as Attachment A. Some of the salient contractual obligations of the buyer are outlined below: o Buyer shall have one hundred sixty (160) days after the date of the Contract to complete Buyer's Due Diligence review of the property. o Within 170 days after the date of the Contract, the Buyer shall provide to the City Manager, design plans and/or drawings for the buyer's development of the property. o Buyer agrees to be solely responsible for the proper and timely development and completion of the project in accordance with the buyer's proposal, the plans, and the Contract. o Buyer agrees that it will initiate substantial renovation work on the property within two hundred twenty five (225) days after the real estate closing. o Buyer agrees that the renovation work and project shall be fully and properly completed in accordance with the plans within six hundred and fifty (650) days after the real estate closing. o Buyer agrees that buyer is taking the property, including the building, in an AS IS condition without any warranties or representation from Seller and that Buyer has had sufficient opportunities to fully examine the property, including the building. o Buyer agrees to and shall provide written progress reports (which may be by email) to the City's Manager of Economic Development on the 1 sl day of each month, with the first progress report being due within 30 days after the date of the Contract. The sale of the property and resulting rehabilitation of the building as proposed will not only place the property on the real estate tax rolls, but will also continue to expand downtown housing opportunities, and further the City's goals and objectives for revitalization of the Downtown West district. The conveyance of City owned property requires a public hearing. Recommended Action: Absent comments at the public hearing needing further consideration, authorize the City Manager to execute a Contract for the sale of the property su bstantially similar in form to the Contract attached to this report. Such Contract to be approved as to form by the City Attorney. Authorize the City Manager to execute such further docu ments and take such further actions as may be necessary to accomplish the above matter, including execution of a deed of sale, and to complete the sale of the property to 425 Church Avenue, LLC, with the form of such documents to be approved by the City Attorney, and to implement, administer, and enforce the above-mentioned Contract and any subsequent documents. ristopher P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Susan Lower, Director, Real Estate Valuation Robert Ledger, Manager, Economic Development Cassandra Turner, Economic Development Specialist 2 CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY This Cantract Far Purchase and Sale af Real Praperty (Cantract) is dated ,2011, by and between the City afRaanake, Virginia, a Virginia municipal carparatian (Seller ar City), and 425 Church Avenue, LLC, a Virginia limited liability camp any (Buyer), RECITALS: WHEREAS, Seller is desirous af selling certain real property, including the building lacated therean ("Building"), lacated at 425 Church Avenue, SW, Raanake, Virginia 24016, Tax Map Numbers 1011206, 1011209, and 1011210 ("Property") to. Buyer and Buyer is desirous af acquiring such Property upan the terms and canditians set farth belaw; WHEREAS, the Buyer represents to. the Seller that the Buyer shall renavate the Building to. provide far approximately 8,500 square feet af cammercial space an the first flaor and appraximately 38 apartments available to. the general public far rent or purchase an the first and upper flaors and to. camplete such praj ect in accardance with the terms of this Cantract. Buyer shall alSo. apply far EarthCraft Virginia Multifamily Certificatian far such Building and make reasanable effarts to. achieve such Certificatian; and WHEREAS, Seller will sell the Praperty to. Buyer far a reduced price pravided Buyer fully camplies with certain terms and canditians as set farth in this Cantract and if Buyer fails to. camply with such terms and canditians, Buyer shall be liable to. Seller far the amaunt set farth hereinafter ar far such ather remedies available to. the Seller as set farth in this Cantract ar by law. THEREFORE, for and in cansideratian af the mutual cavenants and canditians herein set farth, and ather gaad and valuable cansideratian, the receipt and sufficiency af which is acknawledged by the parties hereto., Seller and Buyer hereby agree the abave recitals are hereby incarparated into. this Cantract and that they further agree as fallaws: SECTION 1. DEFINITIONS. Unless the cantext atherwise specifies ar requires, far the purpase afthis Cantract, the fallawing terms shall have the meanings set farth in this Sectian: Closin2: The cansummatian af this Cantract by Seller's delivery af a Deed to. the Praperty to. the Buyer. Closin2 Date: The date provided far in Sectian 14 hereaf far the Clasing. Buyer's Proposal or Proposal: The Buyer's Prapasal refers to. the Buyer's planned renavatian afthe Building to. provide appraximately 8,500 square feet af cammercial space an the first flaar and appraximately (38) apartments available to. the general public far rent ar purchase an the first and upper flaars and to. invest a sufficient amaunt af maney in such renavatian wark in arder to. praperly and timely camplete the renavatian work in accardance with the terms af this Cantract. Haw ever, the Buyer's Propasal is subject to. madificatian as the Buyer proceeds 1 through the Due Diligence Period provided for by this Contract and the development of the Plans that are to be approved by the City before the Closing. Contemplated Use: The development of the Property by the Buyer for the purpose of renovating the Building to provide commercial spaces on the first floor and apartments on the first and upper floors for sale or rent to the general public, all in accordance with the Plans approved by the City. Davs: Unless otherwise stated, this term means consecutive calendar days. Plans or Plan: These terms mean the design plans and/or drawings and/or other documents that are referred to in Section 4(B)( 4) of this Contract that Buyer shall present to the Seller and obtain the Seller's written approval of such documents as set forth in that subsection. Improvements: Any and all improvements, and all appurtenances thereto, located on the Property at the time of Closing. Proiect: This term means and includes the renovation work the Buyer will do on the Building as , well as any related and/or connected work that may be required and/or done on any part of the Property in addition to the Building, all in accordance with the terms and provisions of this Contract. Property: The real property, including the Building, located at 425 Church Avenue, SW, Roanoke, Virginia 24016 and designated as Roanoke City Tax Map Nos. 1011206, 1011209, and 1011210, and containing approximately 1.1364 acres, more or less, and being designated on the attached Land Title Survey dated February 4, 2010, prepared by Brian 1. Casella of Balzer & Associates,' Inc., a copy of which is made a part hereof and marked as Exhibit 1. Title Commitment: A commitment for title insurance in favor of Buyer for the Property to be issued by a Title Company. Title Company: Any nationally recognized title insurance company acceptable to Buyer. Substantial Completion. Substantiallv Complete or Completed. or Substantial Conformance: Development of the Property by Buyer in accordance with the Contemplated Use and Plans and where a final certificate of occupancy has been issued to Buyer from the City of Roanoke Department of Planning Building and Development for the Building, including the commercial spaces and apartments asset forth in the Plans. SECTION 2. PURCHASE AND SALE OF PROPERTY. A. Seller agrees to sell the Property to Buyer, and Buyer agrees to purchase the Property from Seller, upon all the terms, covenants, and conditions set forth in this Contract. B. The purchase price for the Property ("Purchase Price") shall be Two Hundred Twenty- Five Thousand and nollOO Dollars ($225,000.00) payable in cash or certified check from Buyer to Seller at Closing. 2 SECTION 3. CONDITIONS FOR COMPLETION OF CONTRACT. A. As a condition precedent to Buyer's obligation to purchase the Property or otherwise to perform any obligations provided for in this Contract, the Seller, as of the Closing, shall have complied with the Seller's representations and warranties in Section 13 of this Contract, and the fulfillment to the Buyer's reasonable satisfaction of the Seller's delivery to Buyer on the Closing Date of title to the Property and other documents as prescribed in Section 14. As a condition precedent to Seller's obligation to sell the Property or otherwise perform any obligations provided for in this Contract, the Buyer, as of the Closing, shall have complied with the Buyer's obligations, representations, and warranties in this Contract. Buyer shall further complete Buyer's post Closing obligations under this Contract. B. Buyer and/or Seller may, at any time on or before the Closing Date, at its election, waive in writing any of the other party's conditions precedent referenced in this Section 3, and Buyer's and Seller's consummation of the transactiqn on the Closing Date shall waive all such conditions precedent. C. In the event Closing has not occurred through no fault of the Seller on or before the Closing Date, the Seller, at its sole election, by written notice given to the Buyer, may terminate this Contract. Seller, at its sole option, may also by written notice to Buyer give Buyer an additional amount of time from the Closing Date in which to deliver the Purchase Price and proceed with Closing. If Closing has not occurred within such additional time period through no fault of the Seller, this Contract shall automatically be terminated without any further action. In the event of any termination as set forth above, this Contract shall be deemed terminated and of no further force and effect. D. Buyer shall have one hundred sixty (160) days after the date of this Contract to complete Buyer's due diligence review of the Property (Due Diligence Period) and determine if there are any environmental, geotechnical, title problems, or engineering issues with the Property that would prevent the use of the Property. Should Buyer reasonably determine during such Due Diligence Period that the Property cannot be used by the Buyer due to environmental, engineering, or title problems, the Buyer shall notify the Seller in writing as soon as possible, but in no event not later than five (5) calendar days after the end of such Due Diligence Period, of Buyer's decision to terminate the Contract for such reason. In such case, this Contract shall thereupon be terminated and of no further force and effect, unless Seller and Buyer mutually agree to modify this Contract to address any such issues. E. In connection with the Buyer's ability to conduct its Due Diligence review mentioned above, the Seller hereby grants to Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives, and consultants, a revocable right to enter upon the Property at any time during the Due Diligence Period, upon two (2) working days prior written notice to the Seller, in order to survey, make test borings, and carry out such other examinations, exploratory work, or testings as may be necessary to complete a Phase I and Phase II Environmental Assessments, or geotechnical assessments, or nondestructive engineering evaluations of the Property upon the following terms and conditions: 3 1. If the Buyer exceeds its rights granted under this Section or fails to obtain and maintain the insurance required by this Section 3, the Seller may immediately revoke this right of entry. 2. Buyer agrees to be responsible for any and all damages resulting from the activity or activities of Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, on the Property in the exercise of the rights granted under this Section 3; Buyer shall, at its sole cost, promptly and fully restore any land disturbed by the exercise of the rights under this Section 3 to a condition equal to that existing immediately prior to entry on the Property and to restore any part of the Building that Seller determines was substantially damaged by Buyer's actions. 3. Buyer agrees and binds itself and its successors and assigns to indemnify, keep and hold the Seller and its officers, agents, employees, volunteers, and. representatives free and harmless from any and all liability, claims, causes of action, costs and damages of any type, including attorney's fees, on account of any injury or damage of any type to any person or property growing out of or directly or indirectly resulting from any act or omission of Buyer including, 'but not limited to, Buyer's use of the Property in violation of any provision of this Contract or the exercise of any right or privilege granted by or under this Section 3. In the event that any suit or proceeding shall be brought against the Seller or any of its officers, employees, agents, volunteers, or representatives, at law or in equity, either independently or jointly with Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, on account thereof, Buyer, upon noti~e given to it by the Seller or any of its officers, employees, agents, volunteers or representatives will pay all costs of defending the Seller or any of its officers, employees, agents, volunteers or representatives in any such action or other proceeding. In the event of any settlement or any final judgment being awarded against the Seller or any of its officers, employees, agents, volunteers or representatives, either independently or jointly with Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, then Buyer will pay such settlement or judgment in full or will comply with such order or decree, pay all costs and expenses of whatsoever nature, including attorney's fees, and hold the Seller or any of its officers, employees, agents, volunteers or representatives harmless therefrom. 4. Buyer shall, at its sole expense, obtain and maintain, or have its contractors or representatives obtain and maintain, the insurance set forth below. Any required insurance shall be effective prior to the beginning of any work or other performance by Buyer under Section 3. The following policies and coverages are required: (i) Commercial General Liability. Commercial General Liability insurance, written on an occurrence basis, shall insure against all claims, loss, cost, damage, expense or liability from loss of life or damage or injury to persons or property arising out of Buyer's acts or omissions. The 4 rmrumum limits of liability for this coverage shall be $1,000,000 combined single limit for anyone occurrence. (ii) Contractual Liabilitv. Broad form Contractual Liability insurance shall include the indemnification obligation set forth above. (iii) Workers' Compensation. Workers' Compensation insurance covering Buyer's statutory obligation under the laws of the Commonwealth of Virginia and Employer's Liability insurance shall be maintained for all its employees engaged in work under this Section 3. Minimum limits of liability for Employer's Liability shall be $100,000 bodily injury by accident each occurrence; $500,000 bodily injury by disease (policy limit); and $100,000 bodily injury by disease (each employee). With respect to Workers' Compensation coverage, the insurance company shall waive rights of subrogation against the Seller, its officers, employees, agents, volunteers and representatives. (iv) Automobile Liability. The minimum limit of liability for Automobile Liability Insurance shall be $1,000,000 combined single limit applicable to owned or non-owned vehicles used in the performance of any work under this Section 3 and shall be written on an occurrence basis. 5. The insurance coverages and amounts set forth above may be met by an umbrella liability policy following the form of the underlying primary coverage in a minimum amount of$l,OOO,OOO. Should an umbrella liability insurance coverage policy be used, such coverage shall be accompanied by a certificate of endorsement stating that it applies to the specific policy numbers indicated for the insurance providing the coverages required by this section, and it is further agreed that such statement shall be made a part of the certificate of insurance furnished by Buyer to the Seller. 6. All insurance shall also meet the following requirements; unless otherwise agreed to by the City's Risk Manager: (i) Buyer shall furnish the Seller a certificate or certificates of insurance showing the type, amount, effective dates and date of expiration of the policies. All such insurance shall be primary and noncontributory to any insurance or self-insurance the Seller may have. Certificates of insurance shall include any insurance deductibles. (ii) The required certificate or certificates of insurance shall include substantially the following statement: "The insurance covered by this certificate shall not be canceled or materially altered, except after thirty (30) days written notice has been provided to the Risk Management Officer for the City of Roanoke." 5 (iii) The required certificate or certificates of insurance shall name the City of Roanoke, its officers, employees, agents, volunteers, and representatives as additional insureds. (iv) Where waiver of subrogation is required with respect to any policy of insurance required under this Section 3, such waiver shall be specified on the certificate of insurance. (v) Insurance coverage shall be in a form and with an insurance company approved by the Seller, which approval shall not be withheld unreasonably. Any insurance company providing coverage under Section 3 shall be authorized to do business in the Commonwealth of Virginia. F. Upon the request of Seller, Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, shall within a reasonable period of time after receipt of any preliminary or final survey, test results or conclusory reports and opinion statemen'ts, deliver copies of same to Seller. If Seller so requests, Buyer shall also turn over copies of raw data obtained and any laboratory and observation reports or analyses. Such copies of all the above shall be provided to Seller without charge. G. Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, shall at all times comply with all applicable federal, state, and local laws, rules, and regulations. Buyer, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, prior to exercising any rights under Section 3, shall obtain, at their cost, any and all required permits and/or licenses for any such work. SECTION 4. BUYER'S AND SELLER'S OBLIGATIONS. A. Seller agrees that it will do the following: 1. Seller agrees to sell to Buyer the real property designated herein as the Property, located at 425 Church Avenue, Roanoke, Virginia, 24016, and known as Tax Map Nos. 1011206, 1011209 and 1011210, containing 1.2083 acres, more or less. 2. Seller will deliver to the Buyer a deed at Closing in accordance with the terms of this Contract. B. Buyer agrees and promises that it will do and/or has done the following: 1. Buyer will purchase the Property from the Seller AS IS for the Purchase Price of Two Hundred Twenty-Five Thousand and no/lOO Dollars ($225,000.00) and will make payment in accordance with the terms of this Contract. 2. The Buyer agrees to develop the Property and renovate the Building in order to provide approximately 8,500 square feet of commercial space on the first floor and to provide approximately 38 apartments on the first and upper floors of the Property. The size and the placement of any commercial spaces and apartments 6 in the Building on the Property must be within the limits allowed by and be subject to all applicable laws, local' codes, and ordinances. However, the renovation work shall result in a Building in substantial conformance, as reasonably determined by Seller, with the Plans as such Plans were approved by the Seller prior to Closing. 3. Buyer acknowledges that Buyer has received a copy of the Survey dated February 4, 2010, prepared by Brian J. Casella of Balzer & Associates, Inc., referred to in the definition of "Property" under Section 1 of this Contract and that Buyer has reviewed the same and agrees that it is an accurate Survey. 4. Within 170 days after the date of this Contract, the Buyer shall provide to the Seller's City Manager design plans and/or drawings for the Buyer's development of the Property. The Seller will review the Buyer's design plans and/or drawings within ten (10) days after receipt of such documents by the Seller's City Manager. The Seller will send the Buyer a written response either giving the Seller's approval of such documents, in which case such design plans and/or drawings will be deemed to be the Plans that the Buyer shall use for the development of the Property, or the Seller will send the Buyer a written notice that the Seller disapproves the design plans and/or drawings submitted by the Buyer. If the Seller disapproves the design plans and/or drawings submitted by the Buyer, the Seller, in the Seller's sole discretion, may terminate this Contract or allow the Buyer to resubmit further revised design plans and/or drawings for the Seller to consider and the Seller may designate under what terms and/or conditions any such resubmittal may be made by the Buyer. Furthermore, the Buyer agrees that the Seller's failure to submit a written response to the Buyer within the ten (10) days referred to above shall not be deemed to be any approval of the design plans and/or drawings submitted by the Buyer, but shall require the Buyer to contact the Seller to request a specific response from the Seller. (Buyer acknowledges and agrees that the review procedure set forth in this Section 4 (B)(4) does not apply to and is not a part of and is not binding on any federal, state, or local governmental agency or department, such as the City's Planning Building and Development Department.) Buyer agrees and acknowledges that Buyer shall obtain Seller's approval of the Buyer's Plans for renovation of the Building and development of the Property before Buyer may close on the Property or begin any development or construction on the Property. 5. Buyer acknowledges and agrees that Seller makes no representations or warranties with respect to the Property other than what is contained within this Contract. 6. Buyer shall be solely responsible for the proper and timely development and completion of the Project in accordance with the Buyer's Proposal, the Plans, and this Contract. 7. Buyer agrees that the renovation work and Project shall be fully and properly completed in accordance with the Plans within six hundred fifty (650) days after the Closing. 7 8. Buyer acknowledges and agrees that Buyer will not sell, transfer, or otherwise dispose of the Property or any interest in the Property until the Property has been developed completely in accordance with the Plans, and a final certificate of occupancy issued by the City of Roanoke has been granted to Buyer for the Building, and, if required, for each apartment and commercial unit developed on the Property pursuant to the Plans. Buyer further acknowledges and agrees that Buyer, and its successors and assigns, shall not demolish the Building on the Property for at least 15 years after the date of this Contract. 9. The Buyer agrees that the conditions and obligations of the Buyer under this Contract are conditions and obligations that shall be 'incorporated either directly or by reference in any deed to the Property from the Seller to the Buyer, shall survive Closing, and shall be binding on Buyer's successors and assigns. 10. Buyer agrees that it will initiate substantial renovation work, as defined below, on the Property within two hundred twenty five (225) days after the Closing and that such renovation work and the Project shall be Substantially Complete in accordance with the Contemplated Use and Plans within six hundred fifty (650) days after the Closing. For the purposes of this paragraph "substantial renovation work" shall mean that Buyer has hired a contractor or contractors to construct and complete the Project and that such contractor(s) has obtained the required building permits and licenses and is actively working full time on the Project and will continue to do so, without interruption, until the Project is completed. If Buyer fails to meet either of the above time requirements Buyer shall be deemed to have breached this Contract and the Seller may seek any and all remedies available to Seller under this Contract or by law. 11. Buyer agrees to provide Seller with a Performance Security as required by Section 15. 12. Buyer acknowledges that it has been informed Buyer may seek and apply for Enterprise Zone One A incentives as shown in the Economic Development Webpage at http://www.roanokeva.gov/85256A8D0062AF37/CurrentBaseLinkl N254JOUW813LBASEN, as well as applicable tax benefits, exemptions, or abatement, the same as other entities within Enterprise Zone One A. 13. Buyer agrees that Buyer is taking the Property, including the Building, in an AS IS condition without any warranties or representations from Seller and that Buyer has had sufficient opportunities to fully examine the Property, including the Building, and that the Buyer shall comply with all environmental and other laws in renovating the Building, including the proper removal of any asbestos and lead paint on the Property. 14. Buyer agrees to and shall provide written progress reports (which may be by email) to the Seller's Manager of Economic Development on the 1 st day of each month, with the first progress report being due within 30 days after the date of this Contract. Such progress reports shall provide the Seller with sufficient information regarding the Buyer's outstanding due diligence activities to meet the 8 terms of the Contract and to alert the Seller to any issues, problems, or delays that the Buyer has encountered or anticipates Buyer may encounter. 15. Buyer shall promptly pay for all advertising costs and any related fees or costs connected with this Contract and/or the sale of the Property, including, but not limited to costs for any advertisement of required public hearing(s). However, the amount of Buyer's advertising costs associated with such public hearing(s) will not exceed $400.00. Such payments shall be made directly to the entity providing the advertising or other service, or to the City, as the City may direct. 16. Buyer shall apply for EarthCraft Virginia Multifamily Certification for the Building and make reasonable efforts to achieve such Certification as part of the Plans. SECTION 5. PEDESTRIAN WALKWAY ON THE PROPERTY. A. The Seller has advised Buyer of, and Buyer is aware of, the existence of a pedestrian walkway from the second floor of the Building on the Property to another building owned by the YMCA of Roanoke Valley, Inc. (YMCA), which entity was the prior owner of the Property. The YMCA has an obligation in an agreement designated as Amendment No.3 dated February 21, 2006, between the YMCA and the Seller that provides the YMCA will remove the pedestrian walkway at the request of the Seller. Since it is more appropriate for Buyer to arrange for and coordinate the removal of the pedestrian walkway, the Seller will assign to the Buyer, to the extent permitted by the above agreement with the YMCA and any required consent from the YMCA, the obligation of the YMCA to remove the pedestrian walkway. However, should such assignment not be allowed, the Seller will use reasonable efforts to have the YMCA remove the pedestrian walkway, but if such removal does not occur or does not occur within a reasonable time, the Buyer hereby agrees to be responsible for having the pedestrian walkway removed at no cost to the Seller and the Seller shall have no responsibility of any type to the Buyer concerning such pedestrian walkway and its removal. Buyer further agrees that the existence of and the lack of removal of the pedestrian walkway is not a violation of any obligation of the Seller under this Contract, is not a defect in title, and shall not be any basis for Buyer failing to comply with the terms of this Contract. B. Buyer acknowledges that the pedestrian walkway that is connected to the Building on the Property is not part of the Property covered by this Contract, but that such pedestrian walkway is to be removed by the YMCA under the agreement mentioned in 5 (A) above. However, Buyer has advised the Seller that another entity that has related investors and/or owners to Buyer has a Contract to purchase the other property and building currently owned by the YMCA referred to in Paragraph A above, which is Tax Map No. 1011202, and which may include the pedestrian walkway referred to in such Paragraph A. Buyer has advised Seller that if the other entity purchases such property, Tax Map No. 1011202, Buyer may not want to remove the pedestrian walkway referred to in Paragraph A above. Therefore, Buyer shall notify the Seller in writing after the Closing, 'but before the end of ninety (90) days after the Closing, if Buyer wants any assignment from the City as referred to in Paragraph A above. If no written request from the Buyer for such assignment is received by the City Manager of the Seller within such ninety (90) day period after the Closing, any and all obligations of the Seller under Section 5 of the 9 Contract shall be deemed satisfied and terminated. Furthermore, if the other entity does purchase the property identified as Tax Map No. 1011202, and the building thereon, and Buyer does intend to keep the pedestrian walkway in place, Buyer and the other entity shall provide the City with inspection reports from a certified and qualified structural engineer, reasonably acceptable to the City, that such pedestrian walkway is structurally sound and safe and that Buyer and/or the other entity will obtain an assignment from the YMCA of the encroachment rights that the YMCA may have from the City, provided that the City consents to such assignment and any other conditions the City may require for any such consent from the City for any such assignment, such as, but not limited to, an increase in the amount and type of any insurance coverages that may be required for maintaining such pedestrian walkway over the City's rights-of-way and any additional inspections that may be required by the City to be on a periodic basis to show that the pedestrian walkway remains structurally sound. SECTION 6. COMPLIANCE WITH LAWS. Buyer agrees to and shall comply with all applicable federal, state, and local laws, ordinances, and regulations, including all applicable licensing requirements. Buyer further agrees that Buyer does not, and shall not during the performance of this Contract, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986. SECTION 7. NONDISCRIMINATION. A. During the performance or term of this Contract and the development and operation of the Property, Buyer agrees as follows: 1. Buyer will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of Buyer. Buyer agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 11. Buyer in all solicitations or advertisements" for employees placed by or on behalf of Buyer will state Buyer is an equal opportunity employer. 111. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. Buyer will include the provisions of the foregoing Section A (i, ii, and iii) in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. 10 SECTION 8. ASSIGNMENT. Buyer agrees not to assign or transfer any part of this Contract without the prior written consent of the Seller, which will not be unreasonably withheld, and any such assignment shall not relieve Buyer from any of its obligations under this Contract. SECTION 9. INDEMNITY. Buyer agrees to indemnify and hold harmless the Seller and its officers, directors, and employees free and harmless for and from any and all claims, causes of action, damages or any liability of any type, including reasonable attorney's fees, on account of any claims by or any injury or damage to any persons or property growing out of or directly or indirectly resulting or arising in any way out of any actions, omissions, or activities of Buyer or its agents, employees, contractors, or representatives arising out of or connected in any way to any of the matters involved in this Contract or any performance thereunder. SECTION 10. FORUM SELECTION AND CHOICE OF LAW. By virtue of entering into this Contract, Buyer agrees and submits itself to a court of competent jurisdiction, which shall be the Circuit Court or General District Court for City of Roanoke, Virginia, and further agrees this Contract is controlled by the laws of the Commonwealth of Virginia, with the exception of Virginia's conflict of law provisions which shall not apply, and that all claims, disputes and other matters shall be decided only by such court according to the laws of the Commonwealth of Virginia as aforesaid. Buyer further waives and agrees not to assert in any such action, suit or proceeding, that it is not personally subject to the jurisdiction of such courts, that the action, suit or proceeding, is brought in an inconvenient forum or that the venue of the action, suit or proceeding, is improper. SECTION 11. EASEMENTS. Buyer promises and agrees to grant and dedicate to the Seller and/or the Western Virginia Water Authority all reasonably necessary easements on Buyer's Property for the construction of infrastructure improvements needed for or benefiting the Property or surrounding areas, including, but not limited to, storm drainage, sanitary sewers, and/or water, all at no cost to the Seller and/or the Western Virginia Water Authority. SECTION 12. APPROPRIATION OF FUNDS. All obligations or funding undertaken by the Seller in connection with this Contract are subject to the availability of funds and the appropriation of such funds by City Council as may be necessary for such obligations or funding. SECTION 13. COVENANTS AND WARRANTIES. A. In addition to any representations and warranties contained elsewhere in this Contract, Seller warrants and represents that Seller will, in accordance with this Contract, convey title to the Property in an AS IS condition and subject to any items of record. B. The Seller further represents and warrants with respect to the Property that: 11 1. Title. Seller has title to the Property subject to any restrictions of record. Seller is the sole owner of the Property. 2. Condemnation. Seller has no knowledge of any pending or threatened proceedings for condemnation or the exercise of the right of eminent domain as to any part of the Property or the limiting or denying of any right of access ther~to. 3. Special Taxes. The Property is located in the City's Downtown Service District and is subject to the special taxes of that District. However, Seller has no other knowledge of, nor has it received any notice of, any other special taxes or assessments relating to the Property or any part thereof. 4. Hazardous Materials. Seller 'makes no warranties or representatives of any type regarding hazardous materials of any type. 5. No Leases. There are no leases of the Property. 6. Access. (i) Ingress to and egress from the Property is available and provided by public streets dedicated to the City of Roanoke; and (ii) all roads bounding the Property are public roads dedicated to the City of Roanoke. SECTION 14. TITLE AND CLOSING. A Title to the Property, in accordance with the Survey, shall be conveyed by Seller to Buyer by Special Warranty Deed in an AS IS condition (the "Deed") subject to the following: 1. Ad valorem real property taxes for the current year, not yet due and payable; 2. Those matters of title to which Buyer has not objected to in writing; 3. Those matters reflected on the Survey to which Buyer has not objected to in writing; 4. Easements and other restrictions of record as of the date of execution of this Contract by Seller; 5. Liens and objections shown on the Title Commitment; 6. Other customary and usual exceptions not adversely affecting title; and 7. Those items and matters set forth in this Contract and that the obligations and undertakings of the Buyer in this Contract shall survive Closing and be incorporated into the Deed. All of the foregoing exceptions are herein referred to collectively as the "Conditions of Title." B. Delivery of title in accordance with the foregoing shall be evidenced by the willingness. on the Closing Date of the Title Company to issue, upon pay~ent of its normal premium, to Buyer its AL.T.A (Form B) Owner's Policy of Title Insurance (the "Title Policy") 12 insuring Buyer in the amount of the Purchase Price in respect to the Property and that title to the Property is vested in Buyer subject only to the Conditions of Title. C. Buyer and Seller shall consummate and complete the closing of this transaction on or before , 20_, [At the time of the signing of this Contract, a specific date will be inserted in this blank to indicate a date by which the Closing must take place. This date will be approximately 220 days after the date of this Contract.], with the specific Closing date being designated by Buyer in writing to Seller at least ten (10) business days in advance thereof (the "Closing Date"). D. The purchase and sale of the Property shall be closed (the "Closing") at 10:00 AM. on the Closing Date in the Office of the City Attorney, or at such other location, date, and time as shall be approved by Buyer and Seller. (1) On the Closing Date, Seller shall deliver or cause to be delivered to Buyer the following documents: a) Its duly executed and acknowledged Special Warranty Deed conveying to Buyer the Property in accordance with the provisions of this Contract; b) A mechanic's lien affidavit executed by a representative of Seller, satisfactory to the Title Company, and to the effect that no work has been performed on the Property by Seller in the one hundred twenty-five (125) days immediately preceding the Closing Date that could result in a mechanic's lien claim, or, if such work has been performed, it has been paid for in full; c) Such evidence and documents including, without limitation, a certified copy of the ordinance adopted by the Seller, as may reasonably be required by the Title Company evidencing the authority of the person(s) executing the various documents on behalf of Seller in connection with its sale of the Property; d) A duly executed counterpart of a Closing Statement; and e) Any other items required to be delivered pursuant to this Contract. E. At Closing, real property taxes (if any) shall be prorated with Buyer being responsible for all periods thereafter. F. Buyer shall pay for (i) the cost of all investigations of the Property including but not limited to examination of title and title insurance premiums for issuance of the Title Policy; (ii) all attorney's fees and expenses incurred by legal counsel to Buyer; and (iii) any Grantee's tax and recording costs required to be paid in connection with the recording of the Deed. G. Seller shall pay the Grantor's tax, if any, and the expenses of legal counsel for Seller, if any. 13 H. Exclusive possession of the Property shall be delivered to Buyer on the Closing Date, subject to the provisions of this Contract. SECTION 15. PERFORMANCE SECURITY FOR BENEFIT OF SELLER. A. If the Buyer fails to comply with any of the terms of this Contract or any of Buyer's obligations under this Contract, the Seller may call on the Performance Security required by this Section for payment of the entire amount of such Security and the issuer of the Security shall be obligated to pay such amount to the Seller without delay. The parties recognize that the Seller will suffer damages if the Buyer fails to comply with the terms of this Contract. The parties also recognize the delays, expense, and difficulties involved in proving the actual loss or damages the Seller will suffer if Buyer fails to comply with this Contract. Therefore, the Buyer hereby agrees to provide a Performance Security to Seller as liquidated damages for loss and damages to the Seller for Buyer's failure to comply with any of the terms of this Contract, but not as a penalty. The basis of the amount of such Security is the approximate value of the Property if it had been sold without conditions or obligations, which amounts to approximately the total of the amount of the Purchase Price plus the amount of the Performance Security. The Buyer further waives any defense as to the validity of any liquidated damages stated in this Section on the grounds such liquidated damages could be void as penalties or are not reasonably related to actual damages. Such liquidated damages are in addition to any other damages the Seller may be entitled to recover. B. As mentioned in A above and as security for Buyer's compliance with the terms and conditions of this Contract and completion of the Project in accordance with the Plans, Buyer shall deliver to the Seller on or before the Closing, one of the following: (1) a performance bond with corporate surety, which shall be subject to prior approval by the Seller in Seller's sole discretion, or (2) a letter of credit drawn against a bank or other financial institution, which shall be subject to prior approval by the Seller, in Seller's sole discretion. Such Security shall be payable to the Seller and in the amount of Four Hundred Twenty-Five Thousand Dollars ($425,000). The Security shall be valid for at least ninety (90) days after Buyer's completion of the Project in accordance with the terms of this Contract. If such Security is not renewed annually or is threatened to be canceled and Buyer does not replace the Security with another Security approved by the Seller at least sixty (60) days before the Security is to be cancelled, that shall also be deemed -a breach of this Contract and the Seller shall be entitled to exercise Seller's rights to immediately call on the Security. Furthermore, Buyer shall provide to Seller a copy of Buyer's proposed Performance Security in a form to be approved by Seller, in Seller's sole discretion, and in sufficient time to allow the Seller to approve or disapprove such document at least ten (10) business days before the Closing on the Property. Notwithstanding anything else in this Contract, if Seller has not approved the form and content of the Performance Security proposed by the Buyer at least ten (10) business days prior to the Closing, the Closing may be delayed at the sole option of the Seller or the Seller may take one or more of the actions set forth below. Furthermore, on the day of Closing, the Buyer shall deliver to the Seller a completed and properly executed Performance Security in the same form previously approved by the Seller. Failure of the Buyer to provide to the Seller at Closing such properly completed Performance Security 14 as set forth in this Section 15 shall constitute a default of this Contract, and the Seller, in its sole discretion and at its sole option, may take one or more of the following actions: 1. Delay the Closing; 11. Reset the Closing Date for a future date as determined by the Seller; 111. Terminate the Contract; and/or IV. Pursue any and all other remedies as provided for by this Contract or by law, including damages against the Buyer. SECTION 16. CONDEMNATION. Seller has no actual knowledge of any pending or threatened condemnation of the Property. However, if, after the date hereof and prior to the Closing Date, all or any part of Property is subjected to a bona fide threat of condemnation or condemned or taken by a body having the power of eminent domain or a transfer in lieu of condemnation, Buyer shall be promptly notified thereof in writing and within twenty (20) days after receipt of written notice to Buyer, Buyer may by written notice to Seller elect to cancel this Contract prior to the Closing Date, in which event all parties shall be relieved and released of and from any further duties, obligations, rights, or liabilities hereunder, except that Buyer's Deposit, if any, shall be promptly refunded to Buyer and thereupon this Contract shall deemed terminated and of no further force and effect. If no . such election is made by the Buyer to cancel this Contract, this Contract shall remain in full force and effect and the purchase contemplated herein, less any interest taken by condemnation or eminent domain, shall be effected with no further adjustments, and upon the Closing Date, Seller shall assign, transfer, and set over to Buyer all of the right, title, and interest of Seller in and to any awards that have been or that may thereafter be made for any such taking or takings. SECTION 17. RISK OF LOSS. Risk of Loss by fire or other casualty shall be upon Seller until Closing is completed, except if such loss is the result of acts or omissions of the Buyer or Buyer's employees, agents, contractors, or representatives, in which case such loss shall be Buyer's responsibility. Provided, however, if the Property is substantially damaged or destroyed before Closing by such casualty, then either party may cancel this Contract by giving the other party thirty (30) days written notice of such cancellation and neither party will have any further obligations to the other and Seller shall not be liable to the Buyer for any failure to deliver the Property to Buyer. SECTION 18. COMMISSIONS. Seller and Buyer each warrant and represent to the other that their sole contact with the other or with the Property regarding this transaction has been directly between themselves and their employees. Seller and Buyer warrant and represent that no person or entity can properly claim a right to a commission, finder's fee, or other compensation based upon contracts or understandings between such claimant and Buyer or Seller with respect to the transaction contemplated by this Contract. Buyer agrees to indemnify the Seller against and to hold it harmless from any claim, loss, cost, or expense, including, without limitation, attorneys' fees, resulting from any claim for a commission, finder's fee, or other compensation by any person or entity based upon such contacts or understandings. 15 SECTION 19. SELLER'S OPTION TO REPURCHASE AND BUYER'S AGREEMENT NOT TO CONVEY THE PROPERTY. A. Notwithstanding any provision contained in this Contract or the Deed, if after two hundred 'twenty five (225) days from the Closing, Buyer or its successor(s) in interest shall not have commenced substantial renovation work and construction on the Property, as reasonably determined by the Seller, and as mentioned in Section 4, the Seller shall have the right and option to refund to the then record owner(s) of the Property and/or any part thereof the amount of the original Purchase Price or proportionate amount for a part of the Property Buyer paid the Seller; whereupon the then record owner(s) of the Property or the part thereof designated by Seller shall forthwith convey the Property or the part thereof designated by Seller back to the Seller. 'In the event that the record owner(s) of the Property or the part thereof designated by Seller for any reason fails or refuses to convey title back to the Seller as required herein, the Seller shall have the right to enter onto and take possession of the Property or the part thereof designated by Seller, along with all rights and causes of action necessary to have title to the Property or the part thereof designated by Seller conveyed back to the Seller. Buyer and/or its successors in interest shall pay any and all attorney's fees, costs or other expenses incurred as a result of such action. Provided, however, Seller, in Seller's sole discretion, and as an alternative to taking back the Property may call upon the Performance Security required by Section 15. B. Buyer agrees not to convey any portion of the Property to any other entities until Buyer has substantially completed the Project on the Property in accordance with this Contract. If Buyer conveys or attempts to convey any portion of the Property, this will be deemed a breach of this Contract. SECTION 20. REMEDIES. A. In the event Buyer shall have fully performed or tendered performance of its duties and obligations hereunder, but Seller fails to perform any of its duties or responsibilities in accordance with the terms and provisions hereof, Buyer's sole and exclusive remedy shall be an equitable suit to enforce specific performance of such duties or responsibilities. Any and all other remedies otherwise available to Buyer, at law or in equity, are hereby expressly waived by the Buyer except as otherwise specifically stated in this Contract. B. If Buyer fails to comply with any of the terms and conditions, or any of the Buyer's obligations, of this Contract, the Seller may enforce any and/or all remedies available to the Seller under this Contract or by law, including, but not limited to termination of this Contract and collection of the Performance Security or termination of this Contract and repurchase of the Property, and all such remedies as may be allowed by law or in equity. 16 SECTION 21. NOTICES. All notices hereunder must be in writing and shall be deemed validly given, by personal service, if sent by certified mail, return receipt requested, or by a nationally recognized overnight courier, addressed as follows (or any other address the party to be notified may have designated to the sender by like notice): If to Seller: s City of Roanoke, A TTN: City Manager 364 Noel C. Taylor Municipal Building 215 Church Avenue, SW Roanoke, Virginia 24011 Fax No. 540-853-2333 With a Copy to: Assistant City Manager for Community Development City of Roanoke 364 Noel C. Taylor Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 Fax No. 540-853-2333 If to Buyer: 425 Church Avenue, LLC ATTN: Managing Member (Ricky J. Scott) 2018 Upshur Court Richmond, VA 23236 Fax No. 804-726-5069 Notice shall be deemed delivered upon the date of personal service, two days after deposit in the United States mail, or the day after delivery to a nationally recognized overnight courier. SECTION 22. TIME. Time is of the essence in the performance of the parties' respective obligations III this Contract. SECTION 23. SUCCESSORS AND ASSIGNS. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 17 SECTION 24. COUNTERPART COPIES. This Contract may be executed in one or more counterparts, and all such counterparts so executed shall constitute one Contract binding on all of the parties hereto, notwithstanding that all of the parties are not signatory to the same counterpart. SECTION 25. CONSTRUCTION. The parties acknowledge that each party and its counsel have reviewed and revised this Contract and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Contract or any amendments or exhibits hereto. SECTION 26. SEVERABILITY AND SURVIVAL. If any term of this Contract is found to be invalid, such invalidity shall not affect the remaining terms of this Contract, which shall continue in full force and effect. The parties intend for the provisions of this Contract to be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable by any court or agency of competent jurisdiction, they shall be deemed modified to the extent necessary to make them enforceable. ALL TERMS AND CONDITIONS OF THIS CONTRACT SHALL SURVIVE CLOSING. SECTION 27. COOPERATION. Each party agrees to cooperate with the other in a reasonable manner to carry out the intent and purpose of this Contract. SECTION 28. AUTHORITY TO SIGN. The persons who have executed this Contract on behalf of the parties represent and warrant they are duly authorized to execute this Contract on behalf of their respective entity. SECTION 29. NONWAIVER. Each party agrees that any party's waiver or failure to enforce or require performance of any term or condition of this Contract or any party's waiver of any particular breach of this Contract by any other party extends to that instance only. Such waiver or failure is not and shall not be a waiver of any of the terms or conditions of this Contract or a waiver of any other breaches of the Contract by any party and does not bar the nondefaulting party from requiring the defaulting party to comply with all the terms and conditions of this Contract and does not bar the nondefaulting party from asserting any and all rights and/or remedies it has or might have against the defaulting party under this Contract or by law. SECTION 30. FAITH BASED ORGANIZATIONS. Pursuant to Virginia Code Section 2.2.-4343.1. be advised that the City does not discriminate against faith-based organizations. 18 SECTION 31. FORCE MAJEURE. A delay in or failure of performance by any party shall not constitute a default, nor shall Seller or Buyer be in breach of this Contract, if and to the extent that such delay, failure, loss, or damage is directly caused by an occurrence beyond the reasonable control of such party and its agents, employees, contractors, subcontractors and consultants, which results from Acts of God or the public enemy, compliance with any order of or request of any governmental authority or person authorized to act therefore, acts of declared or undeclared war, public disorders, rebellion, sabotage, revolution, earthquake, floods, riots, strikes, labor or employment difficulties, delays in transportation, inability of party to obtain necessary materials or equipment or permits due to existing or future laws, rules, or regulations of governmental authorities or any other direct causes, and which by the exercise of reasonable diligence said party is unable to prevent. For purposes of this Contract anyone delay caused by any such occurrence shall not be deemed to last longer than 6 months and all delays caused by any and all such occurrences under any circumstances shall not be deemed to last longer than a total of 6 months. Any party claiming a force majeure occurrence shall give the other party written notice of the same within 30 days after the date such claiming party learns of or reasonably should have known of such occurrence, or any such claim of force majeure shall be deemed waived. Notwithstanding anything else set forth above, after a total of 6 months of delays or failure of performance of any type have been claimed as being subject to force majeure, no further delays or failure of performance or claims of any type shall be claimed as being subject to force majeure and/or being an excusable delay. SECTION 32. CITY'S RIGHT TO REOUEST INFORMATION FROM BUYER AND TO TERMINATE CONTRACT. The City shall have 60 days after the date of this Contract to consider any information the Buyer has provided the City. In the City's reasonable discretion, within that time period, the City may request additional security from the Buyer, may terminate this Contract, or may request additional information from the Buyer, including information on the members of the Buyer's entity, relating to experience, past business projects, any claims, judgments, bankruptcies, and other matters the City deems appropriate. If the Buyer fails to provide, within 15 days after such request, all of the requested information to the City, the City may terminate this Contract. Furthermore, within 15 days after receipt of the requested information the City may request additional security from Seller or terminate this Contract if the City, in the City's reasonable discretion, deems it advisable after reviewing the information provided. The provisions of this section are in addition to any other remedies the City may have and does not relieve Buyer from fully complying with all the terms and provisions of this Contract. SECTION 33. CONFLICT BETWEEN PLANS AND CONTRACT TERMS. The Seller and Buyer agree that the provisions of the Plans and other documents provided by the Buyer to the Seller are intended to be consistent with the terms of this Contract. However, if any of the Seller supplied documents and/or the Plans are in conflict with the terms of this Contract, the parties agree that the terms of this Contract shall control, unless the parties mutually agree otherwise in a writing signed by both parties. 19 SECTION 34. ENTIRE CONTRACT. This Contract, together with the exhibits hereto, contains all representations and the entire understanding between the parties hereto with respect to the subject matter hereof. Any prior correspondence, memoranda, or contracts are replaced in total by this Contract and the exhibits hereto. No amendment to this Contract shall be valid unless made in writing and signed by the appropriate parties. SIGNATURE PAGE TO FOLLOW: 20 IN WITNESS WHEREOF, Buyer and Seller have executed this Contract by their authorized representatives. ATTEST: CITY OF ROANOKE, VIRGINIA By Christopher P. Morrill, City Manager COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to-wit: The foregoing instrument was acknowledged before me this _day of , 2011, by Christopher P. Morrill, City Manager for the City of Roanoke, for and on behalf of said municipal corporation. My commission expires: Notary Public SEAL WITNESS/ATTEST: 425 Church Avenue, LLC By Ricky J. Scott, Managing Member s S To-Wit: S The foregoing instrument was acknowledged before me this _day of , 2011, by Ricky J. Scott, Managing Member of 425 Church Avenue, LLC, for and on behalf of such entity. My commission expires: Notary Public SEAL Approved as to Form: Approved as to Execution: Assistant City Attorney Assistant City Attorney Authorized by Ordinance No. Contraet-YMCA-425 church aye lie 21 CC"t':'! !":"lC::>: ....j;::::l: ~Q~ 2'~: -l ... .... g~~ ~~~ >r.:;c.. eQ~ .::.::c"':: ~g:~ ai Q~ ....r.; >'" <:; 2 . <:: ~ h , ~I '~ >~ p ~~ tr jj;;.1 'I~ 9" ." ! . -i ; ;g~e~ll~ loz..-' rm~' r-~ .~" ::. 111 ~)...~~~:::t~. . I ".x...~Q..,..lOIq..B~..,{j;:.t-.1 I !'~~~~I ~'''N~~~~~~~. '.tNO. ~~p fi '~.f.~" ~ .tQ""lt~ ~~f"' · l>/ s~~ ~'.. ~'> ~~~~~U~I~~lH! 13 ~~ . ~.~ i <: ~~, ~ "~'!~s~~ ,~ ~ 'XI ~ ~ 1::J 't: ~ '" . ~ ~ , ~ ; , r: t e~ · !~~ ~~l' l; '1'~.'\E~j .: I ( :~r -, .1,( \ 11I.." 1. .'Go ;:;w ~- 2 o~~ ., 3- tr:l ~~ ~~. ?Vl ~V!~:S:~ ~c "li~ .,- ~~~ ~Qgg~ ~~2iO~~it=Jg '-~6~ .~~i (Jl~ ~13':;~ I/:n~~" ~{;\., <:l';1~~~ ~".~'ii~"O~ ~vi O"tZ:Y ~~ ~~- ~ ~c:;;:: ~ . v < " - ~I:.~~ t 2S'~/' '~ ~ ,~~ < ~~.-~ ~;~r.i'~ ~~W ~n; ~dE~ hi;~ ~~~~i:. ~~lg~i '~ih~J (~t~ii< !I~r! i~:~lt gs~.;a . . ~~~. "I' g :!1ih ~~;: 4:~ ~ii.9 i i; !lt~ M1ig:.!l hrS" ~ 16~. .i ~:~ il i.i~ihi"'!~; ~ ijl~~U ~a ~~~ 'z ~ ~~~~Ii ij_.!] hHBi pi"' <::: ~~gt - ~~~ Gl ii~~~: i~~ ~.~~e ~;li: ue; U ~$~ ,h _" .i~~1 S g~ i. ,,~. " U!1l ~~ l- . I ' ~~' ~, 7 . ~; .~:~ ~ a ~i ~.A j j :ii:~ r g ~~ ~~.l; ~ o ~. ~~ ~ f ~I" i~ ~j~ ~ ~~ k " ~ ~ wErlsij....~. M ~\l~~i ~~~~h~fi e >~A>)l '~~~o5~h . F t~!Q~~~~"~~.-f!i~ 0 8~5o. ~ ~~iI," "> , [;l ~ ..~~~t~~.<ia .~~ n .1~g~Hf.-o!2... ~ ~!i.~i~~~~k 21> ::; ~i~~ii;ij~:;I!i - ~ g~~a~~~:>.~~;~ w.J,,~.sg..h5-I. > .~~.<~~,>~.... >: alil !a~" fis ~~ a ~ ~ ".~'~!1.;. ~~ " i\~,!~;;~.I~g~ ;h~~~~E~~,~h ~~..d~i !~li;~S il~~..~ ~~!..~~ ~UE' il~,M~~~ .~i~~:~~~~s~a~ ~~R~~ ..~ ~h\ ~~~.~g~~~~~ ~'i' ~~!~~~~~~~8hi il-~~~iisi2a;:~ ~. j/!~~$; .l<8~ ~ . Q ~ ~~g;.~~~~aE~i9l~ ~ ~~him ~W~~~.. '~J~~R.~h-.,,~L, i:3~~ Hi.~$.., ,Ih~~~' ~h!s~~u.~~. ~!~~~~I~~5i'ii~i~ . . ~~o'... M~ I ~~~'~g~q~. ~ ~ . ~~ ~" ~l~~9~ ;:l~ ~ . F ~~a~~ ~g~FGU~~i2 ~~~~~Mg~.1?i~i~ ~.~g~.. ~ ~!/;i'.. ~I~~~'.~~~ ~~!.~ ~~alhr, ~gi~I' ~~A.~-"g ii:i:~~ ~h~~g~~ ~a~~~ ~~~;~f1-O ii'-D ~ ~ ~;'A~ ,~~.. oqg~r.~ ~;t.~ig ;~~~6;.?~ ~g',~ "'a-'~~~l ~~~~, ~~.t;~q~$H~$ ~9~Shi~~_~ "}'i~ ~~i~... if f.I:~~ ,(,. > . " ;un;lii~~~~iU: ~ ~~il~m.e~~~iII~" '" ~~9a~~"~.x~~D ~ g ~~~~. . ~ 0 ~,~s~ ..,~!~~~ I~ ~ ~'~~B ; , ~~~ ,,~ z g~B1i~ ~ w~~ ~I ~ .1~5 ~ ~-~ ~. Vl ~"~I & a~~ g~ ~.~ i x~~ ~~ ~~~~ ~ ~~~ ~ .~; R ~h I i~. B ~~~ " Q~~ ~ i ~ ~ l~" ~ R' ~ ~ ~':iJ' ~B " i~. ~ ~"~. j~i ~ ~h ~~i' ~ ..o~ i;i ~: ~~~ ~~ . ~"~ l~~ ~ ~i* 2~ ~ g~ ~! . The Roanoke Times ------~-------------------------------------------+====-====~====-=--=----= I I "'-je" I I r ~~~~;UC ; The City of Roanoke' I proposes to enter into a I contract conveying three (3) City owned parcels located 1 at 425 Church Avenue S W (Tax Map Numbe'rs 1 1011206, 1011209 1011210), which is the sit~ I of the former YMCA facility to 425 Church Avenue LLC' I in ord~r for 425 Church Avenue, LLC, to renovate .1 the ~xisting building 1 resultmg m approximately 8,500 square feet of I commercial space and approximately 38 rental 1 apartments, subject to' certain terms and I conditions. Pursuant to the I r'e qui rem e n t s 0 f I gg15.;?-1800(B} and 1813 I : Code of Virginia (1950) as I a~ended, notice is hereliy given that the City Council 1 of the City of Roanoke will hold a pUblic hearing on the I above matter at its regular meeting to be held on I Monday, November 21 2011, commencing at 7:00 1 p.m., or as soon thereafter as the ~atter may be I heard, .n the Council Chambers, 4th Floor, Noel I ,C. Taylor Municipal Building 1 .. 215 ChurchAvenue, S. w.: Roanoke, Virginia, 24011. I_Further information .() 1: including a copy of th~ I proposed contract is available from the Offic~ of the City Clerk for the City of Roanoke at (540) 853-2541. Citizens shall have the ~ opportuni~y _to be hea~d ~~. POU, ENOCH JR. POU, ENOCH JR. 2018 UPSHUR CT RICHMOND VA 23236 REFERENCE: 86216860 12842400 State of Virginia City of Roanoke The Roanoke Times Roanoke, Virginia Affidavit of Publication NPH -Sale of City Pr I, (ih~ undersigned) an authorized representative of -the Time~-World Corporation, which corporatiort 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 ~_.i3:.\.~ay of NOVEMBER 2011. Witness my hand.and of.f icial seal. PUBLISHED ON: 11/11 TOTAL COST: FILED ON: 221.52 11/16/11 Notary Public \\\1111111/1 ,,\\ . ll.YM.II I'I, .. "" V' r'lA." "'_I r ."....'v , .... :"". ..' "" ". ),(', ... ^ . ..t.....<.0 '. "T' .. .. ~. "r 0 . .. : '" ..'~O ~-v B':>\)'..d.-:' g : i <<'0 *"\)~~S\\)~ ': ~ ~ :. CO: '!<,~. ~~ CO , ( G = ~ ' ~ ~ ~\S '" ,~ :: -:. ~ ". ~ '.' :::,;::: ......... -.. \ ..~...."" ...... Co ........... '0 ...,' "1 ~MONWt\>-'0 \\' """,11111\\\\ :express their opinions on said matter. . I ~f you. are a person with a ,disability who needs 'accommodations for this h~armg, please contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Thursday I November 17, 2011. ' GIVEN under my hand thisl 18th day of November, 2011" STEPHANIE M. MOON I. ~LERK ;(12842400) .-.---"" ............,. -------------------------------------------------- ------------------------ Authorized v--: Signature:_f~~---- Billing Services Representative - . . --~----.-~.., " pi: NOTICE OF PUBLIC HEARING The City of Roanoke proposes to enter into a contract conveying three (3) City owned parcels located at 425 Church Avenue, S.W. (Tax Map Numbers 1011206, 1011209, 1011210), which is the site of the former YMCA facility, to 425 Church A venue, LLC, in order for 425 Church A venue, LLC, to renovate the existing building resulting in approximately 8,500 square feet of commercial space and approximately 38 rental apartments, subject to certain terms and conditions. Pursuant to the requirements of SSI5.2-1800(B) and 1813, Code of Virginia (1950) as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Monday, November 21, 2011, commencing at 7:00 p.rn., 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, 24011. Further information, including a copy of the proposed contract, 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 ar.e a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Thursday, November 17, 2011. GIVEN under my hand this 8th day of November , 2011. STEPHANIE M. MOON CLERK Notice to Publisher: Publish once in the Roanoke Times on Friday, November 11, 2011. Send affidavit to: Stephanie M. Moon, MMC, City Clerk 215 Church Avenue, S. W:, Room 456 Roanoke, Virginia 24011 (540) 853-2541. Send Bill to: Enoch Pou, Jr. 425 Church A venue LLC 2018 Upshur Court Richmond, VA 23236 (804) 381-9052 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, MMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk November 22, 2011 E. B. Walker, Agent 806 Wasena Avenue, LLC P.O. Box 586 Roanoke, Virginia 24004 Dear Mr. Walker: I am enclosing copy of Ordinance No. 39265-112111 rezoning properties located at \ 816,820,824 and 828 Wasena Avenue, S. W., bearing Official Tax Map Nos. 1130306, 1130305; 1130304, and 1130303, respectively, from RM-1, Residential Mixed Diversity, to UF, Urban Flex District, with conditions, subject to proffers contained in the Zoning Amended Application No.1 dated September 26,2011, for use of the properties as off- site parking. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 21, 2011, and is in full force and effect upon its passage. Sincerely, ~h).~ Stephanie M. Moon, MMC City Clerk SMM:jec Enclosure E. B. Walker November 22,2011 Page 2 pc: Aletha and Vernie Bolden, 829 Wasena Avenue, S. W., Roanoke, Virginia 24015 C & W Associates, LC, 3519 Verona Trail, S. W., Roanoke, Virginia 24018 Ariel E. Clark, 821 Wasena Avenue, S. W., Roanoke, Virginia 24015 Jeanine Cooper and Mack Dawson Cooper, Sr., 3778 Kenwick Trail, S.W., Roanoke, Virginia 24018 Fesler, LLC, 2412 Oregon Avenue, Roanoke, Virginia 24015 ChariesT. Cole, P.O. Box 8219, Roanoke, Virginia 24014 Ice House, LLC, P.O. Box 586, Roanoke, Virginia 24004 Daniel R. and Carolyn T. Bowman, 817 Howbert Avenue, S. W., Roanoke, Virginia 24015 Jeffrey G. Jamison, 821 Howbert Avenue, S. W., Roanoke, Virginia 24015 Eugene L. Anderson and Pamela B. Williams, 830 Howbert Avenue, S. W., Roanoke, Virginia 24015 Renet L. Schuld, 829 Howbert Avenue, S. W., Roanoke, Virginia 24015 SASF Properties, LLC, 2905 Carolina Avenue, Roanoke, Virginia 24015 FCM Properties, LLC, 2122 Carolina Avenue, S. W., Roanoke, Virginia 24015 James Settle, 919B Winona Avenue, S. W., Roanoke, Virginia 24015 Terri Beck, 1214 Howbert Avenue, S. W., Roanoke, Virginia 24015 Mary Kay Kahn-Chittum, 733 Windsor Avenue, S. W., Roanoke, Virginia 24015 Jeff Campbell, 424 Highland Avenue, S. W., Roanoke, Virginia 24016 Christopher P. Morrill, City Manager William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Ann H. Shawver, Director of Finance Susan Lower, Director of Real Estate Valuation Philip Schirmer, City Engineer Rebecca Cockram, Secretary, City Planning Commission ~v .r\ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of November, 2011. No. 39265-112111. AN ORDINANCE .to amend 936.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain property within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading by title of this ordinance. WHEREAS, 806 Wasena Avenue, LLC (formerly Ice House, LLC), has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have properties located at 816, 820, 824 and 828 Wasena Avenue, S.W., bearing Official Tax Map Nos. 1130306, 1130305, 1130304, and 1130303, respectively, rezoned from RM-l, Residential Mixed Density, to UF, Urban Flex District, with conditions, for use of the properties as off-site parking; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by 936.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on November 21,2011, after due and timely notice thereof as required by 936.2-540, Code ofthe City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, this ~ouncil, after considering the aforesaid application, the recommendation made to this Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, requires the rezoning of the subject property, and for those reasons, is of the opinion that the hereinafter described properties should be rezoned as herein provided. K:\Taleyi\measures\planning commission measures\Ord-806 wasena aye rezone properties.doc 1 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that Official Tax Map Nos. 1130306, 1130305, 1130304, and 1130303, be, and are hereby rezoned from RM-1, Residential Mixed Density, to UP, Urban Flex District, with conditions, subject to the proffers contained in the Zoning Amended Application No.1, dated September 26,2011. 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: rn.~ City Clerk K:\Talevi\measures\planning commission measures\Ord-806 wasena aye rezone properties,doc 2 rj: ,tJ, CITY COUNCIL AGENDA REPORT f' Honorable Mayor and Members of City Council November 21, 2011 Request from 806 Wasena Avenue, LLC (formerly Ice House, LLC), to rezone properties located at 816, 820, 824 and 828 Wasena Avenue, S.W., bearing Official Tax Map Nos. 1130306, 1130305, 1130304, 1130303, from RM-1, Residential Mixed Density, to UF, Urban Flex District with conditions, for use of the property as off-site parking. The comprehensive plan designates the properties for mixed-density residential use. To: Meeting: Subject: Planning Commission Public Hearing and Recommendation The Planning Commission held a public hearing on Thursday, October 20, 2011. By a vote of 7-0, the Commission recommended approval of the rezoning request, finding the application to rezone the subject property to be consistent with the Zoning Ordinance, Vision 2001-2020, and the Wasena Neighborhood Plan. Application Information Background Rezonin , Conditional 806 Wasena Avenue LLC Dann Geor e Maribeth B. Mills 816, 820, 824, 828 Wasena Avenue S.W. 1130306, 1130305, 1130304, 1130303 0.597 acres RM-1, Residential Mixed Densit UF, Urban Flex Vacant Off-Site Parkin Wasena Neighborhood Plan Mixed Density Residential Original Application: August 29,2011; Amended A lication No.1: Se tember 26, 2011 The applicant requests rezoning of the subject properties to permit the establishment of an off-site parking lot to serve the River House (formerly known as the Roanoke Ice and Cold Storage building) at 806 Wasena Avenue S.W. Upon completion of current renovations, the River House will consist of commercial space on the first floor and 112 residential units on the second through fifth floors. The Conceptual Parking Plan depicts 72 spaces with access from both Wasena Avenue and 8th Street. Vehicles parked in the lot would be screened from surrounding residences by a 6 foot buffer yard along the southern and western property lines and a 30 inch brick and metal street wall along Wasena Avenue. The applicant also proposes conversion of the adjacent segment of 8th Street into a 'Woonerf', a narrow right-of-way with shared pedestrian and vehicular zones. Lighting would be. limited to 18 feet in height and 0.5 foot-candles measured at the property lines to prevent light trespass onto adjoining residential lots. Conditions Proffered by the Applicant The applicant hereby requests that the following proffered conditions be adopted as they pertain to Official Tax Nos. 1130303, 1130304, 1130305, and 1130306: 1. A street wall a minimum height of thirty (30) inches and constructed of a combination of brick and black aluminum picketed fencing shall be installed the length of Wasena Avenue as shown on the Concept Parking Plan prepared by Dan Chitwood, dated 9/26/11. One row of deciduous or evergreen shrubs spaced no farther apart than three (3) feet on center shall be planted along the length of the street wall. 2. Pole mounted site lighting shall not exceed eighteen (18) feet in height. Light levels, generated by the site, shall not exceed 0.5-foot candle measured at the property lines. Considerations Surrounding Zoninq and Land Use: Zoninq District Land Use North RM-1, Residential Mixed Density Single-family residential, two- and UF, Urban Flex family residential, and contractor or tradesman shop South RM-1, Residential Mixed Density Single-family and two-family residential East UF, Urban Flex Currently being renovated as a mixed use building with eating establishment, retail sales, and meeting hall on first floor and multifamily residential units on upper floors West RM-1, Residential Mixed Density Single-family residential 2 Compliance with the Zoning Ordinance: J.\, "The intensity of uses proposed for the River House wi,l! generate demand for parking. Based on the proposed list of uses for the River House, a minimum of 259 spaces (205 with reductions) would be required if the UF district was not exempt from the Zoning Ordinance's minimum parking requirements. It has been determined that the subject properties can accommodate a maximum of 72 spaces, with a buffer yard modification. A type C buffer yard would typically be required consisting of 10 feet with a 6 foot screen and evergreen trees every 8 linear feet if option 1 was implemented. The applicant is proposing a 6 foot buffer yard with a 6 foot screen, deciduous trees every 50 feet on center, and evergreen shrubs with a mature height of 4 to 6 feet every 3 feet on center. The Zoning Administrator has deemed this adequate to effectively screen parked vehicles from the adjoining residential neighbors. Pole mounted light fixtures will also be limited to 18 feet in height which is equivalent to the fixture height allowed in residential districts. Conformity with the Comprehensive Plan and Neighborhood Plan: In June of 2011, City Council rezoned all industrial properties along 8th Street in the Wasena neighborhood to the Urban Flex District to allow the addition of commercial and high-density residential uses to the established industrial base. This rezoning was specifically supported by the Wasena Neighborhood Plan to expand available uses to encourage reinvestment and adaptive reuse of existing buildings.. The plan specifically cited the former ice storage building as a prime adaptive reuse opportunity. Expanding the UF district to the subject properties will enable this project. This request will also help prevent potential conflicts with existing residents by reducing the demand for on-street spaces. Relevant Vision 2001-2020 policies: · NH P2. Neighborhoods as villages. Neighborhoods will function as villages, offering opportunities to live, work, shop, play, and interact in a neighborhood setting. · NH PS. Housing choice. The City will have balanced, sustainable range of housing choices in all price ranges and design options that encourage social and economic diversity throughout the City. · ED PS. Industrial development. Underutilized and vacant industrial sites will be evaluated and redevelopment encouraged. · IN P4. Parking. Roanoke will encourage on-street parking wherever possible and discourage excessive surface parking lots. Relevant Wasena Neighborhood Plan policies: . Community Design o Parking: Parking is recognized as a necessity, but will not be allowed to dominate any development. Parking will be located primary on- street. Zoning regulations will consider the availability of on-street 3 parking when determining appropriate levels of on-site parking. Where additional parking is warranted, it will be located to the rear or side of buildings. . Economic Development o Underutilized Commercial/Industrial Land: Encourage redevelopment of vacant buildings with commercial or industrial zoning. · Redevelopment of Industrial District: Target the former ice and cold storage building and industrial district for adaptive reuse. Considerations for redevelopment will include: . Zoning that allows for flexibility in permitting a vibrant mix of commercial,and residential uses, particularly live/work space; , . High-tech or other industrial uses that have a minimal environmental and neighborhood impact; . Possibilities for public/private partnership. o Incompatible Land Uses: Industrial and commercial uses should have as minimal impact as possible on adjoining residential areas in terms of visibility, noise, and air quality. . Infrastructure o Streetscapes: Streetscapes should be well maintained, attractive, and functional for pedestrian, bicycle and motor traffic, and traditional neighborhood streets should have urban amenities such as sidewalks and curb and gutter. Appropriate species of trees should also be planted along streetscapes. I. ".. ,I. Relevant Vision 2001-2020 Design Principles: Desi n Guidelines: Parking should be located on the street or tothe rear or side of principal buildings, and on- street parking should be encoura ed. Narrow vehicle travel lanes should be used to discourage speeding. Lighting should be decorative and pedestrian-scaled in downtown, commercial centers, and villa e centers. City Department Comments: None. A lication's Con ormit As there is no building on the subject properties, a street wall has been proffered the length of Wasena Avenue to screen parked vehicles. A woonerf has been proposed for the section of 8th Street in front of the River House to accommodate pedestrians and slow movin vehicles. The applicant has proffered a maximum height of 18 feet for freestanding light fixtures. 4 \ Public Comments: i.. Both the Wasena Neighborhood Forum and Mr. Ed Corsoh with C & W Associates LC (82 5Wasena Avenue) expressed their support of the request. Planning Commission Public Hearing Discussion The following was discussed at the Planning Commission's October 20, 2011 public hearing. 1. Mr. Williams asked about the design of the woonerf proposed for 8th Street. The applicant responded that they had not yet gone through the design process but felt that the woonerf concept would be an important safety feature for pedestrians. 2. Ms. Katz asked how the request was consistent with the residential policies of the neighborhood plan and why parking could not be accommodated elsewhere in the already established UF district. Staff responded that the success of the adaptive reuse of the River House would have a positive affect on the neighborhood as a whole and that all land in the UF District was already occupied by a building. I 3. Ms. Katz went on to.say that the adaptive reuse of the River House would make the subject properties more viable for residential development. The applicant responded that without parking, the viability of the River House project would be in question. 4. Mr. Williams questioned why parking could not be accommodated on- street, noting that similar development downtown did not require parking lots. Staff responded that similar developments downtown use existing' parking structures which are not present in the Wasena neighborhood. Staff went on to say that the proposed parking lot would support half or sixty percent of the parking demand at most, with the remainder using on-street parking. 5. Mrs. Penn asked if the applicant had considered using a pervious surface for the parking lot. The applicant responded that they would use underground storage to alleviate the stormwater runoff. ~ Il,~ a,~""" 4,~ Angela Penn, Chair City Planning Commission cc: Chris Morrill, City Manager William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney E. Walker C. Cooper Youell, IV, Esquire Danny George 5 Department of Planning, Building and Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.w, Roanoke, Virginia 24011 Phone: (540) 853-1730 Fax: (540) 853-1230 Date: I O(/J.~ /11 I i!!!9!!~!!~~!!!!!!!!!~~!!1i~iili~~!~~j, D Rezoning, Not Otherwise Listed 00 Rezoning, Conditional D Rezoning to Planned Unit Development D Establishment of Comprehensive Sign Overlay District '~~~~'i~~~.~!!i~~~~;!~~~?~~;~~ Address: I <if I ~, l' J 0) ~J ~ I 'n J ~ . \.uo..stV\ll.. ..kV{ Official Tax No(s),: I \ \:, O~O~ 1 ""C~() 5 " II ~ O~ aLl, \l ~ 6~ e~ Existing Base Zoning: I . (If multiple zones, please manually enter all districts.) RM -, ! K~s;1..\Jrh ell )liXtd OeVlS.t'"( Ordinance No(s). for Existing Conditions (If applicable): I Requested Zoning: I U J:= I UrkV'\ '::-,I-t){ I Proposed Land Use: I 0-++ - s, ~ Pc..rk,;....:J Ii) Submittal Number: I A-^,,, I I l I' I. j 'A 1 , _n''t:.~ J1rr-\/"l..T\lJ V'"'\ ~!,1. D Amendment of Proffered Conditions D Amendment of Planned Unit Development Plan D Amendment of Comprehensive Sign Overlay District I D With Conditions ~ Without Conditions Name: I ~ 0" Wlll~o.. AV'{,VHI (. Add?~~~~ Property Owner's Signature: Ll-L ROO./l0 ke J \J.A d L-IOO'1 "PhoneNumber: 15~C>-~1<<-t-~'1}L11 I E-Mail: 1e.lVc.Jk.tr@(t.~hl.fr(>.hoY\ f"(~~~!. (.o-tV\ Name: I f'\ /. yu.....'f lJ~o~f. /~~ .A,-~~I-.", Rk ~W p ca Ignature: R~<\",..,lu J \fA ~t.ii)IS I Phone Number: I "60'1 ~~'i<O - BI'i<1 I I E-Mail: Icl5~fnr~f ~\ @ 'f"l-<Il'J (jj~ I I Phone Number: I E-Mail: I I I Name: Address: Authorized Agent's Signature: 806 W asena Avenue LLC PO Box 586 Roanoke, V A 24004 9/26/2011 Explanatory Narrative 806 Wasena Avenue, LLC (formerly known as Ice House, LLC) proposes to change use of the lots located at 816, 820, 824, and 828 Wasena Ave SW from RM-l to Urban Flex zoning to accommodate off-site parking spaces for the commercial and residential residents of the River House project, located at 806 Wasena Ave SW ("The River House"). The River House will contain 112 residential apartments on floors 2-5 and commercial space on the 1 st floor. The anticipated 1 st floor space breakdown is as follows: Use Group Square Feet SF/Occupant # Occupants Eating/Drinking Establishment 5,188 15 NET 345 Eating Establishment 2,500 15 NET 166 Retail Sales 2,024 30 GROSS 68 Common Area 3,453 100 GROSS 35 Meeting Hall 2,106 100 GROSS 22 Storage 13,500 300 GROSS 45 Off-site parking is not a requirement for the River House per the applicable zoning ordinances, as the property is currently zoned Urban Flex and on street parking is permitted in the surrounding neighborhood. The desired effect of the proposed amendment will be to minimize the impact of the River House occupants' vehicles on the existing neighborhood in addition to providing a convenient parking location for the new tenants, thereby making the River House a more desirable place to live and work. Adjacent properties to the south along the river are currently zoned Urban Flex and the proposed amendment will serve as an extension of this district and facilitate the City's Comprehensive Plan for development in the area. {I I 588\20\00037777.DOC;2 } 806 W asena Avenue LLC PO Box 586 Roanoke, VA 24004 9/26/2011 Proffered Conditions The applicant hereby requests that the following proffered conditions be adopted as they pertain to Official Tax Nos. 1130303, 1130304, 1130305, and 1130306: 1. A street wall with a minimum height of thirty (30) inches and constructed of a combination of brick and black aluminum picketed fencing shall be installed the length of Wasena A venue as shown on the Concept Parking Plan prepared by Dan Chitwood, dated 9/26/11. One row of deciduous or evergreen shrubs spaced no farther apart than three (3) feet on center shall be planted along the length of the street wall. 2. Pole mounted site lighting shall not exceed eighteen (18) feet in height. Light levels, generated by the site, shall not exceedO.5-foot candle measured at the property lines. {11588\20\00037777.00C;2 } 806 Wasena Avenue LLC PO Box 586 Roanoke, V A 24004 9/26/2011 Request for Modification of Landscaping Requirement 806 W asena Avenue LLC is requesting to modify the Category C buffer yard required on the south and west sides of the proposed parking lot at 816, 820, 824, and 828 Wasena Ave. The modifications are being requested in order to maximize the number of off-street parking spaces, thereby lessening the impact on the neighborhood by reducing the number of vehicles parking on the street The proposed modification includes a 6' wide buffer yard, 6' tall board fence, deciduous trees 50' O.C., and evergreen shrubs 3' O.c. with a mature height of 4' - 6'. Given . that the lots will be used for vehicle parking, a 6' board fence screened by evergreen shrubs should provide an adequate buffer without being so tall to negatively impact the current view from the surrounding properties. The reduction in width to 6' from the required 10' buffer yard will not have a negative impact on the surrounding properties given that the south side of the subject properties border an alley and the west side borders a residential lot already having a 6' privacy fence. The proposed modifications will provide a visually attractive and appropriate landscaping buffer and maximize the number of spaces to keep as many cars as possible from parking on the neighboring streets. 806 Wasena Avenue LLC PO Box 586 Roanoke, VA 24004 9/26/2011 Acknow ledgement of Storm Water Management It is understood by 806 Wasena Avenue LLC that the conceptual plan for off-site parking at 816, 820,824, and 828 Wasena Avenue does not address the storm water management ordinance. It is the intent of806 Wasena Avenue LLC to contract a design professional to incorporate the requirements of the ordinance into the plan at the time ofpennitting, following the re-zoning approval. If I~ 1'>. }-,~ UJ,t' :So 111 ~: 1\' ~' rI~ ~nl~)-~ r ~!: l{L / ::~ I ,,~. o ,t\1 ~. 1 ~, l []:: r1I~ Il' f\, . 5. ,.- .< (.\ ,. ~ -<ll-~_'.I"J "', it rn ",., .~..."""" ,.~ E. '.. 1,';"- . co _' ~~"" . c. -<; ...... : ~.. ';'i"') ~~ ;~;i ~ (Ij' 3:;" ~, E ~ c<> ~-- .:...,3 ~ C".:> . ~ ~.~., I 1 ~r ~- \'....... . ..... ~ <;),' ~ .\\ ~ ()~~r ~ \) ., ~ I) ~ to ,~:s-:s ~ l\) (t~- ~n- ~ (t> ~ ~ ~f5-: , . Hou~e7 W rt o (b :I ~I -.?c <,~..~.' f. "e t '0 /L ..,~ e. S'l..= -'~ , 7-':b ~ ~\'. S'$:B .~~ VI~ , $II cg-~' ,"'{' ."~ e ~ I '.' ~ ~. '8- . "~ ~' If J.;) \ 6" '0 0 t) ~ ':<\ .. ~ :.s> --" f 4' '1 :~ F) ~. ~ 1> ~ ,~ r_L- ~ ~ ~ m 5 ~ ~ 6'. -{ 1:., :: ~I~ if ~ I <p 1>01 ....s:.- <; ~-;G)~_~ "$ J:t~ 1>'_ ~~~~ ~ ~;r-,f~ ~ ~~ ~~ ,.. d\ _~ ~ ~~~t ~ ~0~& p.o. Bo. JO\II2 ~VA%4013 --- P.P::9S9$7 -- CONCEPTUAL PAKK,tHq PLAN l'\2e:P.!..I2e.O Al'1'2. Q \ "IE \<. HOU<27e.. ~00 N~C,e.NA~~"t;.LLC gO~O~e. '11ll?6l11..\1A. SCALE: · '" 2.0 I DRWN BY: ~ SHEET NO.: I OF: I DANCH~E)D CERlV'lfO~E.l\RCHIl'lCT The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times --------------------------------------------------+----------~------------- 806 WASENA AVENUE, 806 WASENA AVENUE, P. O. BOX 586 ROANOKE VA 24004 LLC LLC City/County ~f Roanoke, Commonwealth/State of vi~inia. ,S~orn and subscribed before me this __r~day of NOVEMBER 2011. Witness my hand and official seal. (.If f i ::. NOTICE OF PUBLIC HEARING . . The Council of the City of Roanoke will hold a public hearing on Monday i "November 21, 2011, 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 IMuniciPal Building, 215 Church Avenue, S.W., ,Roanoke, Virginia, to consider the following: Request from 806 ; ,Wasena Avenue, LLC .. .(formc"'" " "~use, LLC), to , ,rezon lies located at 816, ,,_..~4 and 828 . :Wasena Avenue, S.W. . bearing Official Tax Map . Nos. 1130306, 1130305 1130304, 1130303, fro~ RM-1, Residential Mixed Density; to UF, Urban Flex ,District, with conditions, for ,use of the properties as ,off-site parking. The 'City's iCol!iprehensive Plan ;desi~nates the properties ,for mixed density residential luse. j A copy of the applicaiion .. is available for review in the Office of the City Clerk ,Room 456, Noel C. Taylo; Municipal Building, 215 Church Avenue, S'.W. .Roanoke, Virginia. ' All parties in interest and Icitizens may appear on the labove date and be heard on the matter. If you are a person with' a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at 853.2541, before noon on the Thursday' before the date of the hearing listed' above. . GIVEN under my hand this 2nd day of November" '2011. : ' , Stephanie M. Moon, MMC.. City Clerk REFERENCE: 88063695 12836093 NPH-806 Wasena Avenu 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: _ Notary Public TOTAL COST: FILED ON: 399.36 11/16/11 \\\\1111'", ,\\ '"' A' A ", "~,I ~\) '....:-:"1 Y4t I,,,, /~\"'NOTARY""':1~\ : Q;:) : PUBLIC ". -:. ~ * ; REG. #7090930 ~ * ~ : : MY COMMISSION: = ~~.... j):~c.:~: -:. ~- '. ~<:5 :: '" '?J?_ .... .... ,<<;:- ...' ',,''70.0/, ...... ~''"' "'1 WEA LT\-\ \)\: ", "1"""'1\\\\\ j (~2836093) . PUBLISHED ON: 11/04 11/11 Authorized ~ ~ ~ Signature:__/~~_ Billing Services Representative ^ \, s~ \1 (\ \~\ \D\~ NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will hold a public hearing on Monday, November 21, 2011, 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 806 Wasena Avenue, LLC (formerly Ice House, LLC), to rezone properties located at 816,820,824 and 828 WasenaAvenue, S.W., bearing Official Tax Map Nos. 1130306, 1130305, 1130304, 1130303, from RM-1, Residential Mixed Density, to UF, Urban Flex District, with conditions, for use of the properties as off-site parking. The City's Comprehensive' Plan designates the properties for mixed. density residential use. 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 2nd day of November ,2011. Stephanie M. Moon, MMC City Clerk. K:\TaleYi\planning eommission I \public hearing notiees\806 wasena aye noph.doe Notice to Publisher: Publish twice in the Roanoke Times on Friday, November 4 and Friday, November 11, 2011. Send affidavit to: Stephanie M. Moon, MMe, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853-2541 K:\Notiees\20 11 \Noyember\NPH-806 Wasena A ye.doe Send Bill to: E. B, Walker 806 Wasena Avenue, LLC P.O. Box 586 Roanoke, Virginia 24004 (540) 314-2424 APPLICANT: LOCATION: REQUEST: AFFIDAVIT 806 Wasena Avenue, LLC (formerly Ice House, LLC) 816,820,824 and 828 Wasena Ave., S.W. Tax Map Nos. 1130306, 1130305, 1130304, 1130303 Rezone from RM-1, Residential Mixed Density District, to UF, Urban Flex District, conditional COMMONWEALTH OF VIRGINIA ) ) TO-WIT: ) CITY OF ROANOKE The affiant, Rebecca Cockram, 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 26th day of September, 2011, notices of a public hearing to be held on the 20th day of October, 2011, on the request captioned above to the owner or agent of the parcels as set out below: Tax No, 1130109 1130110 " ,,/ 1130111 1130112 Owner and Mailinq Address BOLDEN VERNIE L JR & ALETHA S 829 WASENAAVE SW ROANOKE VA 24015 C & W ASSOCIATES LC 3519 VERONA TRL SW ROANOKE VA 24018 CLARK ARIEL E 821 WASENA AVE SW ROANOKE VA 24015 % JEANINE COOPER COOPER MACK DAWSON SR & JEANINE 3778 KENWICK TRL SW ROANOKE VA 24018 1130113 FESLER LLC 2412 OREGON AVE ROANOKE VA 24015 .1130114 COLE CHARLES T PO BOX 8219 ROANOKE VA 24014 1130313 ICE HOUSE LLC PO BOX 586 ROANOKE VA 24004 1130312 BOWMAN DANIEL R & CAROLYN T 817 HOWBERT AVE SW ROANOKE VA 24015 1130311 JAMISON JEFFREY G 821 HOWBERT AVE SW ROANOKE VA 24015 1130310 ANDERSON EUGENE LEE WILLIAMS PAMELA BELCHER 830 HOWBERT AVE SW ROANOKE VA 24015 1130309 SCHULD RENET L 829 HOWBERT AVE SW ROANOKE VA 24015 1130308 SASF PROPERTIES LLC 2905 CAROLINA AVE ROANOKE VA 24015 1130302 FCM PROPERTIES LLC 2122 CAROLINA AVE SW ROANOKE VA 24015 Also Notified: James Settle, President 919B Winona Avenue, SW Roanoke, VA 24015 Terri Beck 1214 Howbert Ave SW Roanoke, VA 24015 Mary Kay Kahn-Chittum 733 Windsor Ave SW Roanoke, VA 24015 , Jeff Campbell 424 Highland Avenue SW Roanoke, VA 24016 ~ 6oc/Ul~ Rebecca Cockram SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 26t y of sePte~er, ~ Notary Public CANDACE A. MARTIN NOTARY PUBLIC Commonwealth of Virginia Reg. #28207 ' ;.-'1 M Commission Ex irCilS ' ot:O 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@roanokeya.goy STEPHANIE M. MOON, MMC City Clerk JONATHAN E. CRAFT Deputy City Clerk November 9,2011 CECELIA T, WEBB Assistant Deputy City Clerk E. B. Walker 806 Wasena Avenue, LLC P.O. Box 586 Roanoke, Virginia 24004 Dear Mr. Walker: ... 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 21,2011, 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 806 Wasena Avenue, LLC (formerly Ice House, LLC), to rezone properties located at 816, 820, 824 and 828 Wasena Avenue, S. W., from RM-1, Residential Mixed Density, to UF, Urban Flex 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 21 st public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, ~tn.~ Stephanie M. Moon, MMC City Clerk SMM:ctw Enclosure CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S, W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, MMC City Clerk November 9,2011 CECELIA T. WEBB Assistant Deputy City Clerk To Adjoining Property Owners Ladies and Gentlemen: Pursuant to provisions of Resolution No, 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, November 21, 2011, 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 Request of 806 Wasena Avenue, LLC (formerly Ice House, LLC), to rezone properties located at 816,820,824 and 828 Wasena Avenue, S. W., from RM-1, Residential Mixed Density, to UF, Urban Flex 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. Sincerely; / on. mlJtM- S ephanie M. Moon, MMC C . City Clerk SMM:ctw CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, MMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk November 22,2011 Paul Brown, P. E. Parker Design Group 816 Roanoke Boulevard Salem, Virginia 24153 Dear Mr. Brown: I am enclosing copy of Ordinance No. 39266-112111 rezoning properties located at 3008 and 3016 Williamson Road, N. W., 2728 Chatham Street, N. W., and 'a vacant lot to, the West, bearing Official Tax Map Nos. 2070402, 2070403, 2070404 and 2070414, respectively from RMF, Residential Multi-family District, to CG, Commercial-General District, with conditions, subject to the proffers contained in the Zoning Amended Application No. 2 dated September 9, 2011, for use of the property as a retail sales establishment. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 21, 2011, and is in full force and effect upon its passage. Sincerely, ~hJ.I'V1l)~ Stephanie M. Moon, MM~ City Clerk SMM:jec Enclosure Paul Brown, P.E. November 22,2011 Page 2 pc: Patricia Scott, 2708 Lyndhurst Street, N. W., Roanoke, Virginia 24012 Jeffrey Bowles, et als, P.O. Box 121, Fincastle, Virginia 24090 Enes Suhopoljac, 2712 Lyndhurst Street, N, W., Roanoke, Virginia 24012 Gary and Linda Donaldson, 2718 Chatham Street, N. W., Roanoke, Virginia 24012 Richard Dearing, P.O. Box 8224, Roanoke, Virginia 24014 Roberta Johnson, 2723 Lyndhurst Street, N. W., Roanoke, Virginia 24012 B & B Billiards, LLC, 416 Campbell Avenue, S. W., Roanoke, Virginia 24016 Judith Reineke, 2711 Chatham Street, N. W., Roanoke, Virginia 24012 TC Squared Real Estate, LLC, 1001 W. Main Street, Salem, Virginia 24153 Southland Corporation, P,O. Box 711, Dallas, Texas 75221 Paul and Madeline Sandum, 1332 Waldheim Road, Salem, Virginia 241'53 Wendy Jones, Executive Director, WRABA, P.O. Box 7082, Roanoke, Virginia 24019 Rena Cromer, 543 Day Avenue, S. W., Roanoke, Virginia 24016 Christopher P. Morrill, City Manager William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Ann H. Shawver, Director of Finance Susan Lower, Director of Real Estate Valuation Philip Schirmer, City Engineer Rebecca Cockram, Secretary, City Planning Commission I, ~~ '0 ,\\. ~'" IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA . The 21st day of November, 2011. No. 39266-112111. AN ORDINANCE to amend 936.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December. 5, 2005, as amended, to rezone certain property within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading by title of this ordinance. WHEREAS, David Thompson, on behalf of D & S Development, has made application I to the Council of the City of Roanoke, Virginia ("City Council"), to have property located at 3008 and 3016 Williamson Road, N.W., 2728 Chatham: Street, N.W., and a vacant lot to the West, bearing Official Tax Map Nos. 2070402, 2070403, 2070404 and 2070414, respectively, rezoned from RMF, Residential Multifamily District, to CG, Commercial-General District, with conditions, for use of the property as a retail sales establishment; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by 936.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the' matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on November 21,2011, after due and timely notice thereof as required by 936.2-540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, this Council, after considering' the aforesaid application, the recommendation made to this Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convemence, general welfare and good zoning practice, requires the rezoning of the subject K:\Talevi\measures\planning commission measures\Ord-3008 & 3016 wmson rd & 2728 chatham st rezoning.doe 1 property, and for those reasons, is of the opinion that the hereinafter described property should be rezoned as herein provided, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36,2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that Official Tax Map Nos. 2070402, 2070403, 2070404 and 2070414, be, and are hereby rezoned from RMF, Residential Multifamily District, to CG, Commercial- General District, with conditions, subject to the proffers contained in the Zoning Amended Application No.2, dated September 9,2011. 2. Pursuant to the provisions of Section 12 ofthe City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: A~m.~ City Clerk K:\TaleYi\measures\planning commission measures\Ord-3008 & 3016 WInson rd & 2728 chatham st rezoning.doc 2 To: Meeti ng: Subject: CITY COUNCIL AGENDA REPORT /' Honorable Mayor and Members of City Council November 21, 2011 Request from David Thompson, on behalf of D & S Development, to rezone properties located at 3008 and 3016 Williamson Road, N.W., 2728 Chatham Street, N. W. and vacant lot to the West, bearil"!g Official Tax Map Nos. 2070402, 2070403, 2070404 and 2070414, from RMF, Residential Multifamily District, to CG, Commercial-General District with conditions, for use of the property for retail sales establishment. The comprehensive plan designates the properties for mixed residential use. Planning Commission Public Hearing and Recommendation The Planning Commission held a public hearing on Thursday, October 20, 2011. By a vote of 7-0, the Commission recommended approval of the rezoning request, finding the application to rezone the subject property to be consistent with the City's Zoning Ordinance, Comprehensive Plan, and the Williamson Road Area Plan. The proposed use and zoning designation is appropriate considering the site's size and surrounding context. Furthermore, the applicant has proffered a development plan, elevations and limitations on site lighting and signage that fulfills the City's design principles. Application Information Rezonin , Conditional David Thom son, D & 5 Develo ment Member Paul Brown, Parker Desi n Grou Maribeth B. Mills, Cit Planner II 3008 Williamson, 3016 Williamson, and 2728 Chatham 2070402, 2070403,2070404, and 2070414 1.336 acres RMF, Residential MultifamilDistrict CG, Commercial-General District Vacant Retail Sales Establishment Williamson Road Area Plan Mixed Residential Original Application: August 27, 2010; Amended A lication NO.1: Se tember 24, 2010; Amended I Application No.2: September 9, 2011 Background / The applicant requests the subject rezoning to permit a retail sales establishment on the subject properties. The subject properties were last used as a nursing home, first as Whitehall Manor and then changing to Southern Manor Assisted Living in 1984. At that time the property was zoned C-2, Commercial-General District, which allowed nursing homes by special exception. In 2005, the properties were zoned RMF during the City's comprehensive rezoning to allow the nursing home to operate as a by-right use. The last business license issued to operate the nursing home expired in September of 2006. A demolition permit was issued in June of 201 0 and all buildings and pavement have since been removed from the site. The development plan depicts a 10,003 square foot single-story commercial building and associated parking. The proposed use is retail sales establishment. A total of 54 parking spaces would be located to the side of the building along Williamson Road and Chatham Street accessed by a driveway entrance on each street frontage. The property would be buffered from adjoining residential development by a Type 0, Option 1 buffer yard which includes 6 foot screening and one row of evergreen trees. Right-of-way improvements would be made along all three streets in accordance with the City's Street Design Guidelines, Approximately 4,464 square feet of the subject property would be dedicated to the City as right-of-way for these improvements. Conditions Proffered by the Applicant The applicant hereby requests that the following proffered conditions be adopted as they pertain to Official Tax Nos. 2070402, 2070403, 2070404, and 2070414: 1. The property will be developed in substantial conformity with the development plan entitled 'Proposed Concept Plan for 0 & S pevelopment, LLC' prepared by Parker Design Group, dated September 1, 2011, subject to any changes that may be required by the City during comprehensive development plan review. 2. The building will be developed in substantial conformity with the exterior elevations entitled 'Dollar Tree', prepared by Degan Architects, dated 01 September 2011, subject to any changes that may be required by the . ! City. ' 3. Uses within the property shall be limited to those permitted by-right in both the Commercial-General District (CG) and the Commercial- Neighborhood District (CN) as described in Section 36.2-315 of the City's Zoning Ordinance. Uses permitted by-right in one of the aforementioned Districts but not the other shall be prohibited. 2 4. Pole mounted site,lighting shall not to exceed eighteen (18) feet in height. 5. Light levels, generated by the site, shall not exceed O.S-foot candle measured at the property lines abutting residentially zoned parcels. 6. Freestanding signage for the property shall be limited to one monument style sign with a maximum height of six feet. 7. Electronic readerboards, as defined by Section 36.2-662 (Definitions), Zoning, of the Code of the City of Roanoke, shall be prohibited on the subject property. 8. Large deciduous trees shall be installed within the planting strip along Chatham Street and Lyndhurst Street and small deciduous trees shall be installed within the planting strip along Williamson Road in accordance with Section 31 .1-400(f) of the City of Roanoke's Subdivision Ordinance. Considerations Surrounding Zoning and Land Use: Zoninq District Land Use North CG, Commercial-General District and Professional office and RM-1, Residential Single-Family single-family dwelling. District. South CG, Commercial-General District. Retail sales establishment. East CG, Commercial-General District. Car wash, retail sales establishment, and business service establishment. West RM-1, Residential Mixed Density Single-family dwellings. District. Compliance with the Zoninq Ordinance: The intent of the CG District is to balance the development forms preferred for motor vehicle dependent uses permitted in the district with the needs of those using alternate modes of transportation to access the development. On interior lots, the district's regulations require the principal building being located and oriented towards the primary street with direct pedestrian access to the front entrance from the public sidewalk and parking located to the rear or side. However, under current zoning regulations, the developer of multiple frontage lots has the option of choosing the street frontage on which to meet these requirements. This option has resulted in many developers choosing to pull the building away from the primary street with parking in between, giving precedence to those accessing their site by car. The applicant, however, has 3 managed to balance the needs of all potential users of the site, meeting the intent of the district. 1. The maximum setback for the district has been met on both Williamson Road and Lyndhurst Street frontages, placing the building at a corner. 2. The primary building fa<;ade facing Williamson Road consists of approximately 35 percent transparent area and chamfered entry that is easily and safely accessible to those entering the building from both the parking lot and the public sidewalk. 3. Approximately 4,464 square feet of the subject property would be dedicated to the City for pedestrian improvements within the right-of-way including 4 to 7 foot planting strips with street trees and 4 to 5 foot concrete sidewalks on all street frontages. 4. Use of the site has been limited to those permitted by-right in both the CG District and the CN District. This limitation will prohibit 29 uses that would typically be permitted in the CG District, and specifically many motor vehicle oriented uses such as motor vehicle sales/rental establishments, car wash establishments, and gasoline stations. 5. Freestanding site lighting and signage would be pedestrian scaled. The applicant has proffered a maximum lighting height of 18 feet and monument style signage height of 6 feet. Conformity with the Comprehensive Plan and Neighborhood Plan: Both Vision 2001-2020 and the Williamson Road Area Plan describes this section of Williamson Road as a commercial corridor which is characterized by strip development on wide streets without bicycle lanes or adequate pedestrian accommodates with excessive signage and curb cuts. The plans go on to say that these areas should be redeveloped to maximize the use of commercial sites through multistory buildings with minimal parking, accommodations for alternative modes of transportation, and better transitions between commercial and residential development, The subject properties provide a unique opportunity to fulfill all of these goals due to its large size and three street frontages. The applicant has ,addressed these design principles as follows: 1. Although a single-story building is proposed, the use of a 'corner tower', window openings, and awnings creates visual interest by breaking the fac;:ade into smaller modules. The primary fac;:ade is oriented toward Williamson Road with a chamfered entrance and approx(mately 35 percent transparent area. 2. The building addresses the corner of Williamson Road and Lyndhurst Street with the primary fa<;ade facing Williamson Road. The primary entrance has been connected to the public sidewalk by a pedestrian path, providing clear access for patrons walking or using public transit. This also pulls the loading space at the rear of the building as far away as possible from adjoining residential development. 3. The parking has been located to the side of the principal building. Although the applicant has not taken advantage of the reductions 4 provided by the City's Zoning Ordinance, 13 parking spaces will be constructed of pervious pavers. l 4. The number of driveway entrances to the site would be reduced from 5 to" 3, one on each, street frontage, which will significantly minimize potential conflicts with other vehicles and pedestrians. 5. Public sidewalks along all three street frontages will be constructed in accordance with the City's Street Design Guidelines. Each street section will include a planting strip between the sidewalk and back of curb for street trees which will help to buffer pedestrians from moving vehicles, especially along Williamson Road where no on-street parking exists. 6. Light levels will be limited to a maximum of 0.5 foot candles at all property lines abutting residentially zoned properties and a maximum height of 18 feet for freestanding light fixtures has been set to prevent light trespass on adjoining residential development. 7. Freestanding signage will be limited to one monument style sign with a maximum height of 6 feet and electronic readerboards will be prohibited to prevent excessive visual clutter which can be distracting to passing motorists. Relevant Vision 2001-2020 policies: . ED P6. Commercial development. Roanoke will encourage commercial development in appropriate areas (i.e., key intersections and centers) of Roanoke to serve the needs of citizens and visitors. · IN P2. Transportation system. Roanoke will provide a transportation system that is an integrated, multi-modal network of automobile, bicycle, pedestrian, and transit facilities. · IN P4. Parking. Roanoke will encourage on-street parking wherever possible and discourage excessive surface parking lots. Off-street parking will be encouraged to the side or rear of buildings. Relevant Williamson Road Area Plan policies: . Community Design Policies o Commercial zoning: General commercial and light industrial zoning will be limited within the area to locations where existing land uses and scale of development reflect the purpose of those zoning districts. Future expansions of general commercial zoning will be discouraged except where they reinforce identified nodes or strategic initiatives. o Building scale: Multiple-story buildings will be encouraged in commercial patterns to make efficient use of limited commercial land and to provide for diverse uses. o Building location: Encourage a pedestrian environment and desirable streets cape by locating future buildings close to the street. Storefronts should be limited in width (25'-40') or broken into smaller units by changes in architectural features. 5 o Parking: Parking lots should be located to the rear or side of buildings. The number of spaces provided should be limited to that which is needed: for typical demands (rather than peaks) and consider the availability of on-street parking spaces. o Relationships between commercial and residential uses can and should be harmonious. . Economic Development Policies o Commercial zoning: The supply of commercial zoning along Williamson Road will be limited to encourage more efficient use of Roanoke's scarce land resources. o Building and site design: Promote the development of well-designed commercial buildings that encourage pedestrian activity. o Signs: Sign clutter will be reduced by encouraging signs to be located on buildings rather than on freestanding structures. Where freestanding signs are used, they will be limited to appropriate heights and sizes. . Transportation Policies o Streets must be capable of accommodating pedestrians and bicycles. Trees should be used to create a canopy over streets. o Sidewalks and curbing will be provided on all arterial and collector streets. . Street Design o Planting strips between sidewalks and curbs should be at least four feet wide to accommodate trees. o Street design should promote easy and safe pedestrian activity. Planting strips should be used to create separation zones between pedestrians and automobile traffic. Arterial and collector streets should have sidewalks, curbs, and street trees. Relevant Vision 2001-2020 Design Principles: Desi n Guidelines: Maximize site development through reduced parking spaces, increased lot coverage, and parcels developed along street frontages. A lication's Con ormit .- The number of parking spaces exceeds the maximum by 6 spaces. Pervious pavers would be used for 13 spaces. The building addresses both Williamson Road and L ndhurst Street. Off-street parking is located to the side of the building beyond the front buildin line. The building addresses the corner of Williamson Road and Lyndhurst Street. Visual interest has been provided through a 'corner tower', awnings, chamfered entry, and window 0 enin s. The rima entrance to the Off-street parking should be located at the side or rear of buildin s. Building location, design, and height should be considered as important elements of the streetscape and should be used to define the street corridor. Buildin fronts and entrances L ," 6 should face a street. building is located on a chamfered '. corner addressing both Williamson &. Road and the associated parking lot. Visual clutter and excessive lighting Freestanding light fixtures have should be discouraged. Lighting been limited to 18 feet in height should be decorative and and light levels generated by the pedestrian-scaled. site would be limited to 0.5 foot candles at all lot lines abutting a reSidentially zoned parcel. Signs should be attractively Freestanding signage would be designed and co-located on single limited to one monument style sign displays or monuments. Signs a maximum of 6 feet in height. should be limited in number and Electronic readerboard would be scaled in size to minimize visual prohibited. clutter. Relevant Williamson Road Area Plan Design Principles: Desi n Guidelines: Locate new buildings on or near front property lines. Break large building fronts up into smaller modules (approx. 30 feet). Go vertical (2 to 4 stories). Use durable materials. Include lots of glass on the front of the first floor. Limit the number of parking spaces. Locate parking to the rear or side of the building. Use on-street parking whenever possible. Control vehicular access. A lication's Con ormit : The building is within the maximum front yard setback for the District on both the Williamson Road and Lyndhurst Street fronta es. The use of a 'corner tower', window openings, and awnings creates visual interest by breaking the fa ade into smaller modules. A one-sto buildin is ro osed. Building materials have not been s ecified. Approximately 35% of the primary buildin fa ade is trans arent. The number of parking spaces exceeds the maximum by 6 spaces. Pervious pavers would be used for 13 s aces. The parking lot would be located to the side of the building beyond the front buildin line. On-street parking available on Chatham Street and Lyndhurst Street have not been accounted for in their arkin calculation. Three vehicular access points are ro osed (currentl 5 existin curb 7 I cuts which would be closed). City Department Comments: The City's Traffic Engineer, Hong Lui, requested that the direct access from Williamson Road into the site be removed. The applicant has opted to retain one entrance off of Williamson Road. Public Comments: Staff received phone messages in support of the request from Richard A. Dearing (2715 Lyndhurst Street) and Marlow Ferguson (2914 Williamson Road - Star City Playhouse). Planning Commission Public Hearing Discussion The following was discussed at the Planning Commission's October 20, 2011 public hearing. , 1. Mr. Williams raised concern about the effect of the proposed project, including operational issues such as refuse collection, on the viability of surrounding residences. Staff responded that the proffered layout of the site posed the least amount of conflict with adjoining residences, by pulling the proposed improvements as close to Williamson Road as possible and providing a type D buffer yard. 2. Wendy Jones ( WRABA) stated that their Board unanimously supported this request, citing improved design and the benefit to the neighborhood as its positive attributes. 3. Mr. Scholz commended the project. ~ Angela Penn, Chair City Planning Commission I'I~ ~t '~, A1e.-f cc: Chris Morrill, City Manager William M, Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney David Thompson, D & S Development Paul Brown, Parker Design Group 8 ," . '. ---=0" ,'I ,'~' '.:J Department of Planning, Building and Development R 0 AN 0 K E Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, SW. Roanoke, Virginia 24011 Phone: (540) 853-1730 Fax: (540) 853-1230 Date: Isep 9, 2011 Submittal Number: IAmended Application No.2 .'R'~. -"'1:l-'\'iiZ~~"'i''lWg'''''1l'I'~~IilJ'~.i'1'lt~..'''il',,~. '.''''''&~''''r'\1~V'l.il~-ll., ;W&'o/!-9",~!o!~;~~""!!~!~~z!~*~,,,~;!,e.Pmlt!~~1I1 D Rezoning, Not Otherwise Listed [8] Rezoning, Conditional D Rezoning to Planned Unit Development D Establishment of Comprehensive Sign Overlay District ~!P:!iBr!!-!!!!!!!!li!I. D Amendment of Proffered Conditions D Amendment of Planned Unit Development Plan D Amendment of Comprehensive Sign Overlay District Address: 3008 & 3016 Williamson Road, N.W. & 2728 Chatham Street & Vacant Lot to West Official Tax No(s).: 12070402,2070403,2070404,2070414 Existing Base Zoning: IRMF R 'd f I M I'f '1 (If multiple zones, please manually enter all districts.) . eSI en la uti ami y Ordinance No(s). for Existing Conditions (If applicable): I Requested Zoning: ICG, Commercial-General I Proposed Land Use: IRetail Sales Establishment I' D With Conditions [8] Without Conditions Phone Number: I +1 (540) 387-3700 I E-Mail: Idavid@rodshoPinc.com I I Phone Number: I E-Mail: I I I Name: Address: Applicanfs Signature: Phone Number: I + 1 (540) 387-1153 I E-Mail: Ipbrown@parkerdg.com I ff: .'/ ROANOKE IX Completed application form and checklist. IX Written narrative explaining the reason for the request. IX Metes and bounds description, if applicable. IX Filing fee. r Concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures. IX Written proffers. See the City's Guide to Proffered Conditions. IX Concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures. Please label as x 'development plan' if proffered. r Development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. r Comprehensive signage plan meeting the requirements of Section 36.2-336(d)(2) of the City's Zoning Ordinance. r Amended development or concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures, if applicable. r Written proffers to be amended. See the City's Guide to Proffered Conditions. r Copy of previously adopted Ordinance. r Amended development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. r Copy of previously adopted Ordinance. r Amended comprehensive signage plan meeting the requirements of Section 36.2-336(d) of the City's Zoning Ordinance. r Copy of previously adopted Ordinance. r A Traffic Impact Study in compliance with Appendix B-2(e) of the City's Zoning Ordinance, r Cover sheet. r Traffic impact analysis. r Concept plan. r Proffered conditions, if applicable. r Required fee. *An electronic copy of this application and checklist can be found at www.roanokeva.gov/pbd by selecting 'Planning Commission' under 'Boards and Commissions'. A complete packet must be submitted each time an application is amended, unless otherwise specified by staff. ,,~ Rezoning Application D & S Development, LLC Tax Nos. 2070402-2070404, 2070414 t, ",. '. Legal Description for Tax Nos. 2070402, 2070403, 2070404, and 2070414 Requesting a Rezoning from RMF (Residential Multifamily) with SpeCial Exception Use to CG (Commercial General) BEGINNING at a point, said point being the northeast corner of the property, said corner being the intersection of the western right of way of Williamson Road, N.W. and the southern right of way of Lyndhurst Street, N.W., and identified as corner # I on a plat recorded in M.B, I, PG, 2648, thence with the western right of way of Williamson Road, N.W., S. 38031 '46" E., 255.87 feet to a point on the northern right of way of Chatham Street, N.W., thence with the northern right of way of Chatham Street, N.W" S, 41029'14" W., 239.79 feet, thence leaving the right of way of Chatham Street, N,W, and with the line of Gary L. & Linda C. Donaldson, N. 48030'46" W., 116,50 feet to a Y2-inch pipe, being a common corner with Roberta L. Johnson, thence with the lines of Johnson, N. 41029'14" E., 54.99 feet to a I-inch pipe, thence N. 46018'46" W., 135.60 feet to the southern right of way of Lyndhurst Street, N,W" thence along the right of way, N. 41029' 14" E., 223,95 feet to the place of BEGINN ING containing 1.336 Acres. The property described above is the same property identified in M.B. I Page 2648. Special Attention Note: The bearings in this description are based on the State Plane Coordinate System, Virginia South Zone, US Feet, whereas the bearings shown in M.B, I, Page 2648 are based on a previously recorded plat. The bearing differential between the plat and the state plane coordinate system is 00 30' 46" to the southeast. The interior angle representation, distances, and location of the property are identical to that shown in the recorded plat. Revised September 7, 20 II Page 3 of 29 ,:.'; , Rezoning Application D & S Development, LLC Tax Nos. 2070402-2070404, 20701!4 Narrative_ 'I'. This amended application reduces the proposed building area, reduces the initial use to a single use, revises the entire property development plan, incorporates several of the staff recommendations from a previous review, incorporates the zoning changes of May 20 II, and incorporates proffered conditions and building elevations for the development. D & S Development, LLC cleared the subject properties of existing buildings and pavement under an approved demolition plan in 2009. The Owner now plans to develop a facility that will provide a 10,003 square foot retail area. The desired use is not allowed under the current zoning of RMF, The previous uses ofthe properties are listed as a nursing home (Whitehall Manor, also known as Southern Manor); however, another company operated on this property as well that was a commercial business (Commercial Distributors, Inc). The property was zoned C-2 until the Citywide rezoning of December 2005 occurred. At that time this property was zoned to RMF to allow for nursing home use. The property size and characteristics does not allow a rezoning to Commercial Neighborhood. The adjoining properties to the North, East, and South are currently zoned Commercial General. The subject properties are the only properties located along Williamson Road that is not currently zoned commercial or industrial for a distance exceeding 5,800 feet to the north or a distance exceeding 9,000 feet to the south. The Master Site Plan illustrates the approximate 10,003 square foot building and proposed parking. The entire development contains 1.336 acres, once the individual parcels have been combined, During the combination process, additional right of way will be dedicated to accommodate the placement of curb, sidewalk, and landscaping along Williamson Road, N.W., Chatham Street, N.W., and Lyndhurst Street, N.W. An area of 4,464 square feet (0.102 acre)' is anticipated to be dedicated as additional right of way, resulting in a net parcel of 1.234 acres. With the construction of the proposed building, an existing sanitary sewer line will be relocated and the new easement will be provided. The proposed building fronts Williamson Road and is placed near the intersection of Williamson Road and Lyndhurst Street, N.W. Sidewalk improvements and pedestrian access, in accordance with the regulations and recommendations, is now provided with the development. The building entry is positioned on Williamson Road. The building entry is angled at the building corner with Williamson Road and the parking lot. The proposed building is broken inco modules with a "corner tower", additional awing, and transparent fac;:ade in accordance with the regulations, While staff recommends no entrances along Williamson Road, the development is to utilize one existing entrance off Williamson Road, N.W, This development is discontinuing the use of two other existing entrances on Williamson Road. The planned entrance is at the standard width of 24'. A new entrance off Lyndhurst Street and a new entrance off Chatham Street are also planned. Other existing entrances will be reconstructed to typical curb and sidewalk. As shown on the exhibit, the site currently has three entrances on Williamson Road, one entrance on Chatham Street, and one entrance on Lyndhurst Street, The existing entrances are labeled as "A", "B", etc while the planned entrances are labeled as "''', "2", etc, Revised September 7, 20 II Page 4 of 29 .' Rezoning Application D & S Development, LLC Tax Nos. 2070402-2070404, 2070414 The development will provide greater than the required buffer along the western property line, in which the properties are zoned RM-I. The buffer will be Type D, Option I which includes a screen fence and evergreen trees, The development use shown includes a maximum parking limit. The tenant desires Cl.dditional spaces. In accordance with the zoning requirements, the additional parking spaces above the maximum limit will utilize pervious pavers meeting the requirements specified ,within the zoning .' ordinance. A separate space for loading and unloading is provided on thewestern side of the building. The minimum required loading space of 15' x 25' is shown on the plan, The approximate dumpster location is shown on the plan as well. Summary of Conformance to Design Guidelines The Williamson Road Area Plan (WRAP), adopted October 18, 2004, provides direction in the development of this concept plan. Under the section "Adapting Commercial Land Use Policies", "small-scale retail, service, and office uses" should be utilized to transition to a mixture of less intensive commercial types. The development conforms to the WRAP recommendations in the following manner: . Locate new buildings toward the front of the site, so that objectionable activity is physically moved away from residences. The proposed plan positions the building in close proximity to Williamson Road and Lyndhurst Street, keeps vehicle traffic away from residential uses, and provides the most direct route for pedestrians along Williamson Road. . Buffering and screening-physical separation with green space. fencing. and vegetation-should be used to complement good site and building design. The required buffering and screening is provided along with the inclusion of a loading and unloading area adjacent to the residential buffer to serve as an additional buffer from the building. . The placement of street trees and streetscape. This plan incorporates the use of street trees and the building is positioned to maximize the placement of trees along Williamson Road. . Stormwater Management. The development will keep the runoff rates to the existing conditions, as will be required during the review of the Comprehensive Site Plan. In addition, Stormwater Quality will be addressed to meet state and local standards, Grassed swales and Manufactured BMPs will be included in the development to meet the requirements. . Break large building fronts up into smaller modules, As the elevations show, the "corner tower" and the use of transparent fac;:ade breaks the building into modules. . Put trees within and around parking areas. Interior islands have been created within this concept. More of an emphasis is placed on providing street trees where possible and providing adequate space for tree growth. . Avoid fencing the front. No fencing is provided along any street. The required screening along the western limits is included for screening purposes. . Control vehicular access. This development is relocating several curb cuts along Chatham, Lyndhurst, and Williamson Road and resulting in fewer curb cuts. The development is relocating an existing entrance at the intersection of Lyndhurst and Williamson. Revised September 7, 20 II Page 5 of 29 Rezoning Application D & S Development, LLC Tax Nos. 2070402-2070404,2070414 "."" Other recommended guidelines: ,.>;:..-, The Street Design Guidelines provide some general direction on improvements adjacent to Lyndhurst Street, Chatham Street, and Williamson Road. The general guidelines implemented include: . Pedestrian accommodation in the form of sidewalks or shared-use pathwaysshouJd be provided along all arterial streets and all collector streets. Conformance to District and Surrounding Areas The properties are currently zoned RMF; however, two of the properties have been utilized as a nursing home under the name of Whitehall Manor, sometimes known as Southern Manor. As stated above, an additional company, known as Commercial Distributors, Inc. also operated from the property location. A third property on Chatham Street is designated as a Commercialllndustrial use. The properties have recently been cleared of existing building and pavement. The properties immediately to the North, East, and South of the subject properties are zoned CG and include uses such as: . Fabric Store . Vehicle Repair Shop . Car Wash . 7-Eleven . Offices The requested rezoning to Commercial General is necessary based on the "lot frontage". The Commercial-Neighborhood District is limited to a maximum of 200 LF. The subject lot contains approximately 775 LF of frontage. To accommodate the lot frontage, the Commercial General is requested; however, the proffered uses shall conform to the uses allowed in Commercial- Neighborhood District. Impact to Surrounding Areas The impacts that the proposed development will have on the surrounding area should be minimal and not have an undue adverse impact. The existing buildings were in closer proximity to the western property line, with no buffer identified. The proposed development provides for screening and buffer. Street Trees are included to provide the aesthetics desired in the WRAP. Water Demands: The subjelZt properties currently have five (5) water meters, each capable of 20 gpm, totaling 100 gpm. The proposed development will require one meter, with an estimated peak of less than 60 gpm. The proposed development will include a fire hydrant on the west side of Williamson Road, an item that is greatly needed Sanitary Sewer Demands: The proposed development will relocate the existing sanitarY sewer system to accommodate the proposed development. The existing development contained a building constructed over the sanitary sewer line. The sanitary sewer relocation is to position the sanitary sewer more to the perimeter of the property rather than through the Revised September 7. 20 I I Page 6 of 29 Rezoning Application D & S Development. LLC '{'3 Tax Nos. 2070402-2070404, 2070414 ,.. center of the property. As the water demand is decreased;the sanitary sewer demand will also be decreased. Storm Sewer Discharge: Based on the concept shown. the development will discharge to existing structures located along Lyndhurst Street and Chatham Street. The peak discharge rate will be at existing levels or lower, as the existing storm system will allow. Thedevelopm~nt will discharge runoff to rates that the existing system can adequately accommodate. The site will address stormwater runoff quality per the State and Local requirements. The pollutant (phosphorous) level will be decreased as required. In general the proposed development will not adversely impact the public health, safety. or general welfare of the surrounding areas. Planning staff recommendations. Planning staff recommendations were previously provided to the developer. While design principles recommend a multistory building with a shallow setback from Williamson Road. the developer does not desire a multistory building at this time. The building is broken into modules as suggested by the planning staff. The use of a "corner tower", awnings and transparent fac;:ade, place the focus of the development to the building and the building entrance. The design principles recommend that parking be located to the side and rear of the building. This development places the parking to the side of the building and keeps a majority of the parking away from adjacent residential areas. Planning recommends that lighting be kept to a maximum foot-candle at all property lines. Proffered conditions to the freestanding sign. sidewalk construction, lighting. and use are all freely provided with this zoning request. Revised September 7, 20 II Page 7 of 29 " '\ ,- ~,".. l.~.{~ " . ~, Proffered Conditions <' The applicant hereby requests that the following proffered conditions be adopted as they pertain to Official Tax Nos. 2070402, 2070403, 2070404, and 2070414: 1. The property will be developed in substantial conformity with the development plan entitled 'Proposed Concept Plan for D & S Development,LLC' prepared by Parker Design Group, dated September 1, 2011, subject to any changes that may be required by the City during comprehensive development plan review. 2, The building will be developed in substantial conformity with the exterior elevations entitled 'Dollar Tree', prepared by Degan Architects, dated 01 September 2011, subject to any changes that may be required by the City. 3. Uses within the property shall be limited to those permitted by-right in both the Commercial-General District (CG) and the Commercial-Neighborhood District (CN) as described in Section 36.2-315 of the City's Zoning Ordinance, Uses permitted by-right in one of the aforementioned Districts but not the other shall be prohibited, 4. Pole mounted site lighting shall not to exceed eighteen (18) feet in height. 5. Light levels, generated by the site, shall not exceed 0.5-foot candle measured at the property lines abutting residentially zoned parcels, 6. Freestanding signage for the property shall be limited to one monument style sign with a maximum height of six feet. 7. Electronic readerboards, as defined by Section 36.2-662 (Definitions), Zoning, of the Code of the City of Roanoke, shall be prohibited on the subject property. 8. Large deciduous trees shall be installed within the planting strip along Chatham Street and Lyndhurst Street and small deciduous trees shall be installed within the planting strip along Williamson Road in accordance with Section 31,1-400(t) of the City of Roanoke's Subdivision Ordinance. HI ~:i'! .~. ~ii!ii:5:e-:: !;-'p:e~ ;; ~~Iiilil ~ :~~dt,! tiJii .. ~1= c:illli!l ,,~~. ~ -l!.:.!~b~i5 e _ :l~5"1igg ! ~~~C~~ji ~ ~J~ ~ i~5"ul ~ n~ <( i2N;gi~1I: .. '" In j Hul f j w ~ =.E~. ; I ~ '=" ~ H i".. 'I UJ! ~ci3~! ~ ~Ii ~~I '1.."1 ,I 1 ~ 5 j.'.i k,P' '" I ~1~5i1 l,r!l " ,.U~ ,ill .lll~l.~'ll [I'll' ~tfl, jl "II o nIl ell . II'.j11 =- I I hI i~ :~ :l~ I i e ~-~ ~I~ 1I.~ :!~ 'l~ ~ ...-. ~ jl~'; ~ nhH ~ 1: +.!! iM i HijJ !: 3.!!~.: ~ U~"i J i~~l" r ~ j ",ufllMJI '81l01lt01I10 ~:) t~toLOZ 'll totOLOZ I1Jq, irotOLOZ 'SON 'OJ. 9:> 01 a6uBLI:> 6u!uoZ 6uIIsanbaM :>11 'JuawdolaMQ S 'll 0 JO~ UBld Jda:>uo:> pasodoJd ~ 5"_ @ ~i ;! ~~:a- g e H ~ ~ ~l i ~ t .. f a J ~~~ ~~ !!; 5~i ~ ili Ii ~~; ~:1 ~ ~"i ~! !a~~ I~] ~I ~~~ ~~ j j~ ;!! ~j~ iil ~~ ~ ~~ j!5 ~il ~~i ~J Jl"; i~ ~~~ ~~ ~lt j~ i~ R" 2.. I~J i~. ,,~ E.. -& boo 'Sc!~ ~~...~! I; ~ n~~~ ~.I ~i~ ~~ .~ ~ j~~l E~ j"~ ~~ 3 j si~ i it ~ I ~~ , -' ljlZ ~g~ 8~: I .~~~ ~~-~ .....0 ..c; ::~:;; Ng~ , ~ ~'.. :~ I' :i; ~ : >H-L ~~. .-_ I !? ----..----1 ~~I g: 'I' 0> ~w e~ .~ ::1':':;:' , \ I \ 1 : \ ,J 1 ~;!g 8i~~: \ ! ~. .~g "o~O~, \ ffi~~!~~!S~w ' ~~;_ N~~g~ \ .5'-~ U'N II. ~ '-. ......::e ~ ~O:!:ti: i ..~- \ ~~ \ u ~ . 'O~!~ i'~ln e1 ~ l:g:2~ ~~~ I g ~'~il. 8~" :\ I fi~ii ~~~ tIJ ~ ~.... ~~ I ~ -~-~~' S : ~.. "'~~ "" ~u i~ : ..",. "iI \ !l~:n (g?= f= ~ ;::;-' f - ~~ <- e;~ :;~C>~g ~~i ~g~ ~-i1:affi; ~~:n "'8~~ ~ ~ ~~ ~.s;. '...-\... '",~ '%,'1:>, ."...~" .,....".o.~ -'lS-';;.r ~:!J~ 1"lI! l1.:S <~ 0.. ". ~~N .J5~ ~~i N~ 3" ~~ ~ ~ 50 ~~g~ 85~ ~~~~ 85; ~~::~i'iffi; ~~~~ "'~g ; " ~~ ~ ~ ~D:::U) ....wU> u-'w ;i~l:l ........< '" ~ I I I ~ ~ ~ ,~ Q i9" lJ; l;l .. ~ I I ~ ~ i: II l~ :::'" '0 ~ 1;~ 8~: ...... -< ~ ~o p 2,o'..g:,' t:~.u -0 f;: 'O!!i~~ ~~~ ~;: ~()g~@r3.~ -, "'08""- I 0,.,,_ - - 0"'''' ~~~o olo :50~ jj.g.;~2~~ I '".:~~ ~a::~i.~5~ "'_ , . .~ - -- -. ~~~ ~~~'" N3~ _. I ~ ~ c ~?J &~ ~ !; o~ eJu> . ... L,' ,- ~ ~N =i:/~!i~ -. ' ~3:~ ~r~~ ------------1__ ?~: lf~g~ ---'- I~ -~ --.--L..!:... :Ii 2! ci &~ We 1-' <C " => u. OM"' Jo~ .Og N O.,.Ol/ NOSWVI11/M " ~~:~:-",.~~ ( ;" ~ m ill' ~ a 0......~ .; (I N:lU.dO .0. il1JJl'l9) tt1lJIlEI ,~j. .Gnn I M~'!:,!!:'''N I ~ ! ~ ~: \ ;hhi~ ~~&~~~~ L-.--. [iS~J~ ._ t ' ~. t" i~ I~~ ;!.~ :;:N:;' s~ ..i;!~ '\,e 2~~ ~~~~:~ ~}~ :. ~:i ~i:~ ;Pf~ in ~ i.'I,_ 111'1111 III II ~ 2 Ii 8 ; ~;; 1 'O~~ - ~ j~u2 o..lD -u. '" ~ t:~ ~ ~ i 8~~ i ~, f ~~" ~ . ~ IS "'S r:"'~ ~ $0 Jij~ g ~~~ ~~ ~i ~~ ~ ~~~ ~~ ~~ ~~ .~ .~t~ mffiw~~ 6~ ~~~~~~~~ ;;~a~ ~ zz~m ~ z ~:~~8 i~ ffi~!g;~I~ ~~~~~ ~~ ~~~~~~~g ~30~Q a~ ~,,~~~~<~ ~~~ga~ G~ ~~~8~~~3 6~~~~~ ~~~ gi~~~~~~ "~~6~~~!g~ ~~~i~~9~ ~~~~~~:~~~ ~~~~Gm~~ !i!i~'illilll!lliillil m~~ ~~o~83w ~H~~QO ~~N ~~~~ ~~ ~<o ~~ ~~ 2g ~~ ~~ ~ 8~ ffi ~~ ~ ..~~ " .. o @ @ ~ 15!."ogg .s... ~ ~.~~.~ 11==:= Q;i~~i!~ - @ ~~ .oslin iQ"~! ,. .....,... N ~. i~. ~. ~ t~ j~ I!!~ i;1 ~ :?] \ [~ \ ~el I" ~~ :t ~~- ~j~ ~Ea. ~~~ ~ 13 "'- ~ .c " (,:) ~:5 ~ ::II- ~ g~ ~ ~m ~"'o : ~~ 8~~~ it~...:~ ~:J~U) ~~re~ :;-0::0 :lgf.l, *':I!!U ~~m~~ ~::;~z~ !&~<go l:z~wm a::o~~u;: ~~~;~ ~mi~~ &1~;n~~ ~"IU@ ~~~l!:~ i!'2g\';! I l!; ! r"-'. \: ii! I ~~ \ \ ~\ b 'I: \ : \ \ r-- ~ 8~ e~; '\ :l~~ ~I~:~E ~~ ~:ig,.oe~ ii~o~~~ :!>i ..... ~z m!~i! ~~ S ~2 ~ . . ~ ~'- ~ D~ 'o'INI9<>l1^ ' ::':>40N'o'O<>l QVO~ NOSWVllllM :::;E3~.L 'C:::l'<tTl0Q 09NIQllna ~OJ.S ll'v'-!,=l'~ z o I- ~ OJ .....I OJ n <( ~ Z O. ~~ <(~ ::J-: ~~ ''<>\ ~.~ ~5 ~III rn ~o .,-, . ",~.j ,',' ~ l; "N ....//. '''''\ .' r:.:)::;?: I!i~ ~ Ii: ,,-- ..\ ,/ ;;: -;:::~:>J I~ ill I ><'/\)-:.:; ;:~ vi i ~ ~ <5 ,;'" ......",'............, __n...-.... ...1,""","', -"'_ itl"" "Ii :1 I fi'l , o J o <( z o ~ > OJ I 1 I , '4 ~.1G1ICIIIWlO 00 'tINI9loll^ ' =:l'>lON'tOlol Cl'<fO~ NOSH'<fl1lIM ' 33~J. ~'v'IICiQ 0NIClllng ~O.l<; ll'<f.l;J~ , :"'1 , I , z I () i= ~ w w z I () '-~!o ~ > ~'" ~ W W ~ ~ (} Z ~ )- -1 '. <"J \.;.,_.,..".....;~"" ",,,,,'" ......<\ / , / ' ; , ......... \- -",...,,,, -"-. ~.' "\ 8"'11 ~~ d ~ ~ .IIi i= N nil s r~ r N () <( '';" -.,;, ~I ~ I " fi I I o J 4 ~ " ___0 Rezoning Application D & S Development, LLC Tax Nos. 2070402-2070404, 2070414 Traffic: Prior't'o demolition, the site had five buildings totaling 17,130 square feet of buiiding. The buildings were being used as a rehabilitation center, with multiple bedrooms and associated uses. The dining facility was also providing meals for those not located on the premises. The trip generation for the existing condition is shown attached to this document. The proposed development now contains a single building of approximately 10,000 square feet. The trip generation of the retail use is evaluated and compared to the existing use. The end result shows an increase of approximately 645 trips per day and an increase of approximately 71 trips per peak hour. These values are less than the minimum values that would require a VDOT 527 traffic study. The 2009 VDOT Traffic information reports approximately 16,000 vehicles per day along Williamson Road, between Liberty Road and 10th Street. Traffic impacts are determined by the amount of traffic generated by a land use. Average trip generation rates are determined from studies published in the ITE Trip Generation Manual and calculations are performed to determine total trips generated by the development. From a traffic standpoint, the use is described as: Retail: 10,003 SF - Use 815 Free-Standing Discount Store Please reference the detailed table in the appendix to better interpolate the results and the assumptions utilized. Proposed Trip Generation Results Time Calculated Trips Unit Weekday 566 Per day Saturday 721 Per day Sunday 549 Per day Weekday Peak Hour Generator AM 58 Per Hour Weekday Peak Hour Generator PM 55 Per Hour Saturday Peak Hour 77 Per Hour Sunday Peak Hour 73 Per Hour Regardless of existing use, the proposed use does not warrant aVDOT 527 Traffic study. The study information for the existing use contained only two studies. Neither study included the small number of units occupied, similar to the existing site. Revised September 7, 20 II Page 12 of 29 ;:~"I ' ' Land Use: 815 Free-Standing Discount Store ;fit' ." Description The discount stores in this category are free-standing stores with off-street parking. They usually offer a variety of customer seNices, centralized cashiering, and a wide range of products. They typically maintain long store hours seven days a week. The stores included in this data are often the only ones on the site, but they can also be found in mutual operation with a related or unrelated garden center or seNiee station. Free-standing discount stores are also sometimes found as separate parcels within a retail complex with their own dedicated parking, Free-standing discount superstore (land use 813} is a related use. Additional Data Truck trips accounted for approximately 2 percent of the weekday traffic at one of the sUNeyed sites. Vehicle occupancy was 1.46 persons per automobile at one of the surveyed sites. Peak hours of the generator- The weekday peak hour varied between 10:00 A.M. and 4:00 P.M. The weekend peak hour varied between 11 :00 A.M. and 2:00 P.M. The sites were sUNeyed from the 1970s to the mid-1990s throughout the United States. Source Numbers 87,113,124,245,305,340,353,358,376,386,417 Trip Generation, 6th Edition 1233 Institute of Transportation Engineers Free-Standing Discount Store (815) l~;'l \ Average Vehicle Trip Ends vs: 1000 Sq. F~et Gross Floor Area On a: 'Weekday" Number of Studies: 20 Average 1000 Sq. Feet GFA: 107 Directional Distribution: 50% enterill,g,50% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates 56.63 25.53 . 106.88 : ~ Standard Deviation 20.12 Data Plot and'Equation 15,000 14,000 13,000 ,. 12,000 11,000 (J) 'C C W 10,000 0. .... I- 9,000 (j) '0 1:: ~ 8,000 (j) Cl 7,000 ~ ~ <( 6,000 II I- 5,000 4,000 3,000 2,000 1,000 ,60 , , . . . . . . ................................ -....,..... -.................. -................ I . . . . . . . . . , , . , . , ....... '.0....... ','. -..... '"... _...;....,.. '"....... '"....... 0,'....... .,......._ ....... -.... -.... ........ -..... - - -.... -................ ,.,....... .................... . . . . . . . . , . . . . . , . ....,.. .:........ -;..... ... .:-.......;.. ......;. ,'... .:........ -:... .~,.. .:.. .....- . I . . . . . . '. -.... ......".... ",.".... - -,," -...'.,...... - -,.'..,... ','.",." - -.-.,. -... .,.....". .., -... ...,..,... "-." -,.,...... - '.... l. _. _,......"...,. .', _..,.. _ _..""." .'...,.,.. . . , , , . , . . .., . . . .:...... .. -:.... , '" .:.. " . ,. .';. , ......;..... ... .;... -. . . . -:..~. ....:. ...,.. ~~- . ...... .:..,......:........~..,..... :..... ...;...., ...:,. ...x.~::. , :. . _ . . _~~.-.'~~.-.-.-.~.xx, .:. . . . , , . . .:. . . . . , . . - . - , . - , .'. , . , . . - . .'. . . , . . . , .'. , , . . . , . : . . . - . . . - . ~-~ x'. --~:- X; x . " . ... .:......, x:. .. ..... .:.. ._'~'~'--'~~~~"" ;-....... ';' ....~. .,;.... X"';" _.....' . .. . . -. .:,.. -. >;.~:-.,-:-:-:~~~~.~.-... ..:....... ~..... .. -:.. . ..... .:. .... -,. ~.. - ". .-j -~- ... .-.--~.~.~~~--... ..:.~ ..... .;--......;... .~.. .;... --." .;.... --.. ::--..... ..:........ , . . . , . . . "".." -,.. '.",. - -, -, '.."."." 1'" -'" ',. _..,. _, .,_.,", _ _. '.',.. _ _" ..", _..... X 60 70 80 90 100 110 120 130 140 x = 1000 Sq. Feet Gross Floor Area Fitted Curve X Actual Data Points ------ Average Rate Fitted Curve Equation; Ln(T)::: 1.654 Ln(X) + 0.911 .a2.= 0.68 TrIp Generation, 6th Edition 1234 Institute of Transportation Engineers Free-Standing Discount Store (815) r:"~' Average Vehicle Trip Ends vs: 1000 Sq. Fe-et Gross Floor Area On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. Number of Studies: 3 Average 1000 Sq. Feet GFA: 109 Directional Distribution: 66% entering, 34% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates 0,99 0.51 1.34 Standard Deviation 1.05 Data Plot and Equation Caution - Use Carefully. Small Sample Size 160 X 150 " .. 140 .' '. 130 .' If) '0 120 X. c: UJ 0- --- --- 'j;; -- - ..... 110 - ~':.-....-,..:",:"~. Q) --- - --- "0 -- --- - :c . ---- --- Q) 100 ~~..;:,,;--,-,",-:; . . . . > - - - - Q) - --- OJ al 90 Q) ~ II 80 " ..... 70 ., " 60 .. " ,. 50 X .. " 40 I 90 100 110 120 X = 1000 Sq. Feet Gross Floor Area )( Actual Data Points ------ Average Rate Fitted Curve Equation: Not given R2 = .*.. . Trip'Generation, 6th Edition 1235 Institute of Transportatton Engineers Free-Standing Discount Store (815) Average Vehicle Trip Ends vs: 1.000 Sq. Feet Gross Floor Area On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. Number of Studies: 25 Average 1000 Sq. Feet GFA: 111 Directional Distribution: 50% entering, 50% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates 4.24 2.48 5.91 Standard Deviation 2.23 Data Plot and Equation 700 600 ......:...... ':. . . . . . .:. . . . . . .:. . . . ~ . .... . . . . . . I . . . . . . . . Jo...... .'. . , x :x x' . . . ., .~:. .. . ,~- ~ , x : x : ~ c w .9- ~ Q) 13 :r: Q) > Q) ~ Q) > <{ II t- x: ~~: _.,...;...,.. .:, ..... .:,..... .:......,:..", .x. >~.....;...,.. .:....x ><~~. ,x.:....... 500 . /. . / .~~ ~~< "",,'" 400 ...,.. . . , ' . . , .:. . . . . . .:- . . . . . -:. . . . . , ':. . , . . . ),.~./;~/:" x x 'x";' ' ~ . . . . ..,.... ...... ...,... ,.. x....' x I 120 I 110 I 90 I 100 100 :30 1:30 140 60 70 80 40 50 X Actual Data Points x = 1000 Sq. Feet Gross Floor Area Fitted Curve - ~ - -- - Average Rate Fitted Curve Equation: Ln(T) = 1.139 Ln(X) + 0.764 R2 = 0.65 Trip Generation, 6th Edition 1236 Institute of Transportation Engineers i , , [ f i. t I ! \ [ \ f \ '.. Free-Standing Discount Store (815) Average Vehicle Trip Ends vs~,,~1000 Sq. Feet Gross Floor Area On a: Weekday, A.M. Peak Hour of Generator Number of Studies: 8 Average 1000 Sq. Feet GFA: 90 Directional Distribution: 50% entering, 50% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates 5.82 3.53 9.05 Standard Deviation 3.04 Data Plot and Equation 1,100 x 1,000 ..........".......... ..,......... .,.........- . . ...... .'....................... . , 900 ..........,..".,.... .'.. .... . . .. .'. ,. .. ... -.... ... . .... . .'. ' 800 ...........: - . . . . . . . . . .:. . . . . . . . . . .:. . . . . . . . . . . ~ . . . . . . . . . . .:. - III "0 C UJ Co 'C: I- (ll ti :c Q) > Q) g> <u ~ II I- . . . ' . . 700 ...,......., . . . . . . . . . . '.' . . . . . . . . . , : . ' . . . . . . . . '. . . . . , . . . . . -. - . . . . . . . . . .: . . . . . . . ' . . 500 ........ -. , - . . . . . . . .. . ' . . . . . . . , . .,. . ,.... ':' 'x" ... . ..:. . .... .., . .;.... .. , . . .~.~.>~~,..~~ 600 400 . . . .. ,..,.. .x... ......,..... ............. 300 . '.,......... .,..-......... 200 .... x....:.....'.... .:...........:.. -........:......' ... .:.. 60 I 70 I 80 I 90 100 110 120 x = 1000 Sq. Feet Gross Floor Area X Actual Data Points Fitted Curve - -- - - - Average Rate Fitted Curve Equation: Ln(T):; 1.169 Ln(X) + 0.950 R2 = 0.50 Trip Generation, 6th Edition 1237 Institute of Transportation Engineers Free-Standing Discount Store (815) Average Vehicle"Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Weekday, P.M. Peak Hour of Generator Number of Studies: 19 Average 1000 Sq. Feet GFA: 105 Directional Distribution: 50% entering, 50% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates 5.51 3,17 9.44 Standard Deviation 2.83 Data Plot and Equation 1,100 X 1,000 .' ',' '. " 900 rJ) "'0 800 , , t: w .9- " .= x Q) 700 '. " .', .'. " " , '0 ~ - :.c x.> ~ ~ Q) ::< ~/~: > x - iJl , ~ xX . 0> 600 " " " ..' .. .. . . - . .,....~... x: ell x ......~... : '- ~ ~ .;...... X X ~ ~- x <( ~~ ~ II -. - 500 .. . ."",-. " , ~- I- - - , x ~~ - x ~ - ~ -~~ - ~ 400 - . -: .......... >< ~~ - ~~ -~ ~~ ~~ 300 - ~- x. x' 200 I I I I , I I I I 50 60 70 80 90 100 110 120 130 X = 1000 Sq. Feet Gross Floor Area x Actual Data Points ----..... Average Rate Fitted Curve Equation: Not given R2 = ***. Trip Generation, 6th Edition 1238 Institute of Transportation Engineers Free-Standing Discount Store (815) Average Vehicle:Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Saturday ..l,' Number of Studies: 18 Average 1000 Sq. Feet GFA: 104 Directional Distribution: 50% entering, 50% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate . Range of Rates 72,03 45.42 - 92.59 Standard Deviation 15.91 Data Plot and Equation 11,000 x x 10,000 . . ' _. _. ',0........ '.,........ "."... -. , ' ,., .,"",., '~:' 'x.'.'.. ~: 9,000 ". . . ' -............................ . . . . . . . ' -................... -...... -..... -... . . . , 8,000 . . . . . . .. ;,'. . . . . _ . . . .0, . ., . . . . . .', .. . '" _ _ .'. . . . _ . . . . .,~~.... . . . . . . 1. ,...........--: x C/l '0 C w .9- ~ <ll :sa ..c <ll > <ll Ol l!! <ll ~ II l- 7,000 /// . . . ....~.............. ........ ,'......... ,'...... _.. .0..... ..........:-. : x x x: )!< x >:; . -,. . . . . . - . - -.' . . . . . . . . ~ . . . . . . . . . .. . . . . . - . . . 6,000 :x 5,000 , . ...... ',_........ ,,'........,.. -.... -. x 4,000 /. . . . . r~":~ .:. . - . . . . . . .:. . . . . . . . . .:. . . . . . . . . .:. . . . . . . . . .:. . . . - . . . . .:. . . . . . . . . .: . . . . . . . . . 3,000 .' . . . , . , . ..................................... -................................... . . . , . , , x 2,000 50 60 70 80 90 ,100 110 120 130 x;:: 1000 Sq. Feet Gross Floor Area X Actual Data Points Filled Curve - - - - - - Average Rata Fitted Curve Equation: Ln(T) = 1.163 Ln(X) + 3.496 R2 = 0.64 Trip Generation, 6th Edition 1239 Institute of Transportation Engineers Free-Standing Discount Store (815.) Ayerage Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Saturday, Peak Hour of Generator Number of Studies: 22 Average 1000 Sq. Feet GFA: 115 Directional Distribution: 51% entering, 49% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates 7.66 5.41 . 10.71 Standard Deviation 3.10 Data Plot and Equation 1,300 X 1,200 - 1,100 .. X X en X 'C X X C X ,. W X X ,- .Q. 1,000 ,"' ..' '.' . ;,,;- . " ~ " Q) ,- ,........'.... X U X ,,- :c ,......:... Q) 900 'X :..:.. . ' > , - " Q) , " X OJ . - ~ ,r' " Q) " > 800 ' . ;..:'" ....."._...~. . . ,', ,'. , x. <( II " , _r I- , ,- , X ", X: X X 700 ....--:-:...... '.' '", ..' . X X 600 X : , : X 500 I I 90 100 110 120 130 140 X = 1000 Sq. Feet Gross Floor Area X Actual Data PoInts -----... Average Rate Fitted Curve Equation: Not given R2 '" *-** Trip Generation. 6th Edition 1240 Institute of Transportation Engineers Free-Standing Discount Store (815) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Sunday Number of Studies: 3 Average 1000 Sq. Feet GFA: 109 Directional Distribution: 50% entering, 50% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area [ Average Rate Range of Rates [54.90 42.95 - 64.27 Standard Deviation 11.30 Data Plot and Equation Caution' Use Carefully. Small Sample Size 8,000 X 7,000 .. ' , <Il 'C c: W c. X ... l- -- " w , ................. '0 ,.....--.... :E - ~ 6,000 ., . . ..........~:-~. " ," w " , " ,- 01 " ~ " ,," ~ ", " ,,- ......--- . II - , - ," " , l- 5,000 '.' '.' , X 4,000 T I - 90 100 110 120 x= 1000 Sq. Feet Gross Floor Area X Actual Data PoInts ....----- Average Rale Fitted Curve Equation: Not given R2 = **... Trip Generation, 6th Edition 1241 Institute of Transportation Engineers Free-Standing Discount Store (815) l~ Average Vehicle Trip Ends vs: 1000 Sq. Feet 9,1:088 Floor Area On a: Sunday, Peak Hour of Generator Number of Studies: 3 Average 1000 Sq. Feet GFA: 109 Directional Distribution: 52% entering, 48% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates 7.32 6.01 8.61 Standard Deviation 2.90 Data Plot and Equation Caution - Use Carefully - Small Sample Size 1,000 900 " . , Ul ,- -' '0 , - c: , , , x UJ -- ", 0- ............ .;;: 800 ,- ....~.- I- - " Q) ,,- u , ", " :2 - , Q) - " , > - " ,<' - Q) - , 01 , " l!! - ,- - Q) 700 ~ '. , ~ II I- 600 " '.' X 500 I 90 100 110 120 X = 1000 Sq. Feel Gross Floor Area X Actual Data Points ----;.... Average Rate Fitted Curve Equation: Not given R2= .... Trip Generation, 6th Edition 1242 Institute of Transportation EngIneers .I> Land Use: 252 Congregate Care Facility Description Congregate care facilities typically consist of one or more multiunit buildings designed for elderly living. They may also contain dining rooms, medical facilities, and recreational facilities. . Additional Data Vehicle ownership levels, in general, are very low at congregate care facilitIes. The sites were surveyed in 1981 in Portland, Oregon, Source Number 155 Trip Generation, 6th Edition 456 Institute of Transportation Engineers Congregate Care Facility (252) Average Vehicle Trip Ends vs: Occupied Dwelling Units On a: Weekday Number of Studies: 2 Avg. Num. of Occupied Dwelling Units: 183 Directional Distribution: 50% entering, 50% exiting Trip Generation per Occupied Dwelling Unit Average Rate Range of Rates Standard Deviation 2.15 2.12 2,15 * Data Plot and Equation Caution - Use Carefully - Small Sample Size 700 - / X / 600 " ,', ,./. / / / / / / / / / / / / I/) / '0 / c: 500 / - ' W / / ,9- ;/ / t= / / / Q) ;.' 13 / / ' :c / Q) 400 -, " ~ , /, > / , Q) / / Ol / e / / Q) / / ~ / / / / / :' II 300 " 'r f- / / / / / / / / / / / ., , / /. 200 ;,..,. ," '.. , / X 100 , I , I ,.- 0 100 200 300 X ::: Number of Occupied Dwelling Units x Actual Data Points -----~ Average Rate Fitted Curve Equation: Not given R2 = **** Trip Generation, 6th Edition 457 Institute of Transportation Engineers Congregate Care Facility (252) AverageVehicle Trip Ends,IYs: Occupied Dwelling Units On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. Number of Studies: 2 Avg. Num, of Occupied Dwelling Units: 183 Directional Distribution: 61 % entering, 39% exiting Trip Generation per Occupied Dwelling Unit Average Rate Range of Rates Standard Deviation 0.06 0.06 0.06 Data Plot and Equation Caution. Use Carefully - Small Sample Size 18 - , , 17 : r , , , , 16 , '. , , , , 15 .' h ~ , ~ , , , 14 ;/! If) , , '0 , c: , W 13 " , / 0. , , 't: , , I- 12 .' - . ,( ()) , (3 /.: :2 , , OJ 1 1 " , " > , , ()) , , OJ 10 " ~ , .. ~ ~ ()) , , ~ , 9 o/! II , , , I- , , 8 " . , / , , , , , 7 . " , _h , , , , d 6 , ~ ' , , , , 5 ~~.. " " 4, -, I , I ____M___ , 0 100 200 300 X = Number of Occupied Dwelling Units X Actual Data Points - ----... Average Rate Fitted Curve Equation: Not given R2 = **** Trip Generation, 6th Edition 458 Institute of Transportation Engineers -~ I i. It }~ !~ " ~ l~ f~ ~ w i ~ ~ Congregate Care Facility (252) Average Vehicle Trip Ends vs: Occupied Dwelling Units On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. .:,~ t~ I i Number of Studies: 2 Avg. Num. of Occupied Dwelling Units: 183 Directional Distribution: 56% entering, 44% exiting Trip Generation per Occupied Dwelling Unit Average Rate Range of Rates Standard Deviation ;": ~ ~ 0.17 0,16 0.21 * ~;. t,.: );, ~ ,~ i~~ Data Plot and Equation Caution. Use Carefully. Small Sample Size 50 20 ..,....... , , , / x , , , ,/ -' /' / , . . . . . . . . . . . . ., . . . . . . , ' - . . . . . . . . . . . . "/ - . . . - . . . . . . . . , ,-' / , , , , :,1 , " : / ' , , , . . . ;.'" ....,....................",. , , , / , , ,,/' /// , / . . . . . . . . . . . . . . . _:' . . ,;,1. . . . - . . . . . . - .... . . '.- . . . . . . . . . . . . . . . . . . . , , , :..../ ,....~ x ,,/ , , , 40 ..,............. I fIl -0 C W 0. ~ (].I -0 1: (].I > (].I 0> \:1 (].J ::> <( II ...... 30 ,.."". , . . ' , , , , 10 -' o I iOO --r I ..----,---.. 200 300 x = Number of Occupied Dwelling Units X Actual Data Points - - -- -- Average Rate Fitted Curve Equation: Not given R2 = UH Trip Generation, 6th Edition 459 Institute of Transportation Engineers Congregate Care Facility (252) Average Vehicle Trip Ends vs: Occupied Dwelling Units '" On a: Weekday, A.M. Peak Hour of Generator Number of Studies: 2 Avg. Num. of Occupied Dwelling Units: 183 Directional Distribution: 50% entering, 50% exiting Trip Generation per Occupied Dwelling Unit __.~~verage Rate ---ilange at Rates 0.15 0,13 .~---._._-------- Standard Deviation 0.16 * Data Plot and Equation Caution - Use Carefully - Small Sample Size 50 r-- x 40 - <fJ "'0 C W a. ~ Q) :Q .t: Q) 30 - > Q) OJ ~ Q) > ~ II I- 20 / / , / / ..,.. . / / / / , / / / , , / / , / / / / . / , / -,.;t- . . ,,' / / / , / / / , , / / / / / / - ;/ . , / , ,/ / . / ,.~... / / , / " 10 ~--'------r-----~ I 100 '--,-.-. r-- 200 ---r--"-"--'__ o 300 X Actual Data Points x = Number of Occupied Dwelling Units - - - - -. Average Rate Fitted Curve Equation: Not given R2 = **** Trip Generation, 6th Edition 460 Institute of Transportation Engineers Congregate Care Facility (252) Average Vehicle Trip Ends vs: Occupied Dwelling Units On a: Weekday, P.M. Peak Hour of Generator Number of Studies: 2 Avg. Num. of Occupied Dwelling Units: 183 Directional Distribution: 60% entering, 40% exiting -------.---...----.---.- Trip Generation per Occupied Dwelling Unit . ""--- Average Rate l3~nge of Rates Standard Deviation _.'.___...4__.A..-----.--------~---.~. 0,21 0.21 0.21 .. Data Plot and Equation Caution. Use Carefully - Small Sample Size 70 ' ------...-------.-.-------. 60 tf) "0 C W a. '):: I- Ql o 1: <ll > Ql 0> <IS ~ <( II l- 50 ~ ' 1 40 ,." 30 "., 20' ",.',',. .""" 10 - -------,.---.-""1--------..--.- I 200 --- 300 o 100 x = Number of Occupied Dwelling Units X Actual Data Points - - -- --. Average Rate Fitted Curve Equation: Not given R2;:........ Trip Generation, 6th Edition 461 Institute of Transportation Engineers The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times --------------------------------------------------+--~~-~~~-~--~--~-------- PARKER DESIGN GROUP PARKER DESIGN GROUP 816 SALEM BLVD SALEM VA 24153 REFERENCE: 87007778 12836103 NPH-D&S Development State of Virginia City of Roanoke I, (the' unders~gned) 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 Virgihia. Sworn and'subscribed before me this _,,-1Q..~ay of .~OVEMBER 2011. Witness my hand and offi;i~~ seal ".-. , Notary Public PUBLISHED ON: 11/04 ,,\\\11811"'1 ,,"....\oy A I A"" ...,' ~"'.,.....:-;"i fA _"", ~ Q;)~"" NOTARY":~'-:' 11/11': :' PUBLIC ", "'t-:. ~ * f REG. #7090930 ': *' ~ - 0: MY COMMISSION: :: :'0'. ~~ij .::<<:-:: ~ ~-"" '{)/- ,,~ ~ .......~.. ,~...'" "", '4't-y, '......" Y;,.'0 " "," tALTH O~ \\" """1111\\\ TOTAL COST: FILED ON: 443.04 11/16/11 -- .<<c..L... NOTICE OF PUBLIC , HEARING The Council of the City of' Roano,ke will hold a pUblic _... heanng on Monday , N~vember 21,,2011, ai 7,00 p,m., or as soon' I thereafter as the matter,' may ~e heard, in the Coun~II Chamber, fourth' I floor, '~ the Noel C. Taylor MuniCipal Building, 215 Church Avenue, S,W" . Roa,noke, Vllginia, to 'consider the following: Request from David Thompson, on behalf of D & I S Deve!opment, to rezone , I properties located at 3008 and 3016 Williamson Road , N.W" 2728 Chatha~ i Street, N, W" and a vacant I' lot to, the West, bearing O.fficial Tax Map Nos /' 2070402 2070403' 2,070404 a'nd 2070414' fro":1 R~F, Residentia; , Multifamily District to CG I Go~me~cial ,Genera; I Dlstnct, With conditions for ! use of the property a~ is : allowed in both the CG , C?m":1ercial - Genera; ! Dlstnct, and the CN i C?m'!lerc,ial - Neighborhood I Dlstnct, Including a retail , S~I~s establishment. The J City,s Comprehensive Plan' ; desl!1nates the properties ,[ for mixed res;~ential use, ,.I A copy of the application', is available for review in the , Office of the City Clerk, Room 456, Noel C. 'Taylor' Municipal Building, 215 Church Avenue, S,W" Roanoke, Virginia, All parties in interest and citizens may appear on the above date and be heard on the matter, If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at 853-2541, before noon on the Thursday before the date of the hearing listed above, GIVEN under my hand this 2nd day of November, 2011. Stephanie M. Moon, MMC City Clerk, (12836103) t=__ .i \ ,. --------------------------------------------------+------------------------ Authorized ~ ~ Signature:_~J'V-- Billing Services Representative ~ ' ~~~'\~\ NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will hold a public hearing on Monday, November 21, 2011, 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 David Thompson, on behalf of D &, S Development, to rezone properties located at 3008 and 3016 Williamson Road, N.W., 2728 Chatham Street, N.W., and a vacant lot to the West, bearing Official Tax Map Nos. 2070402, 2070403, 2070404 and 2070414, from RMF, Residential Multifamily District, to CG, Commercial-General District, with conditions, for use of the property as is allowed in both the CG, Commercial-General District, and the CN, Commercial-Neighborhood District, including a retail sales establishment. The City's Comprehensive Plan designates the properties for mixed residential use. . 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 2nd.. day of November ,2011. Stephanie M. Moon, MMC City Clerk. K:\Talevi\planning commissionl\publie hearing notiees\3008 & 3016 williamson rd & 2728 chatham st & vacant Jot noph,doc Notice to Publisher: Publish twice in the Roanoke Times on Friday, November 4 and Friday, November 11, 2011. Send affidavit to: Stephanie M. Moon, MMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853-2541 Send Bill to: Paul Brown, P. E. Parker Design Group 816 Roanoke Boulevard Salem, Virginia 24153 (540) 387-1153 pjbrown @ parkerdQ.com K:\Notiees\2011\November\NPH-D&S Development.doe REZONING REQUEST D & S Development Tax Nos; 2070402-404, 2070414, Williamson Road and Chatham Street, N.W. ) AFFIDAVIT ) ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: ) CITY OF ROANOKE The affiant, Rebecca Cockram, 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 26th day of September, 2010, notices of a public hearing to be held on the 20th day of October, 2011, on the request captioned above to the owner or agent of the parcels as set out below: Tax No. Owner Mailinq Address 2070133 Patricia L. Scott 2708 Lyndhurst Street, NW Roanoke,VA 24012 2070142 Jeffrey T. Bowles, et als POBox 121 2070141 Fincastle, VA 24090 2070144 Enes Suhopoljac 2712 Lyndhurst Street, NW Roanoke, VA 24012 2070405 Gary and Linda Donaldson 2718 Chatham Street, NW Roanoke, VA 24012 2070412 Richard A. Dearing POBox 8224 -'Roanoke, VA 24014 2070413 Roberta L. Johnson 2723 Lyndhurst Street, NW Roanoke, VA 24012 2070705 B & B Billiards LLC 416 Campbell Ave SW Roanoke, VA 24016 2070707 Judith M. Reineke 2711 Chatham Street, NW Roanoke, VA 24012 3100923 3100922 3100924 3101007 Also notified: T C Squared Real Estate LLC 1001 W Main Street Salem, VA 24153 Southland Corporation POBox 711 Dallas, TX 75221 Paul and Madeline Sandum 1332 Waldheim Road Salem, VA 24153 Wendy Jones, Exec. Dir. WRABA P. O. Box 7082 Roanoke, VA 24019 Rena Cromer 543 Day Avenue SW Roanoke, VA 24016 ~ tucJv1~ Rebecca Cockram SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 26th y of September, 2011. n ,P (J1d:;;) Notary Public CANDACE R, MARTIN NOTARY PUBLIC Commonwealth of Virginia Reg, #28207 ./], ^ My Commission Expires .,JU (Qbl -- 11 . ">l~~~' \ ll'-j r.-., j 0'1\..\ )"J -1-\:-\ . '. ,i:.lj \.J {,J.. .- ti'::1,wY_Hn",t LJi__ u_-' . Department of Planning, Building and Development R OA N 0 K E Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S,W, Roanoke, Virginia 24011 II~I~~ligcjffi~lilt91RQnt:IIIIgil Phone: (540) 853-1730 Fax; (540) 853-1230 Date: Isep 24, 2010 Submittal Number: IAmended Application No.1 ~ Rezoning, Not Otherwise Listed o Rezoning! Conditional o Rezoning to Planned Unit Development o Establishment of Comprehensive Sign Overlay District _r..- '.~ .,""~""'''''''''''''''.,''''' ."'" """"",.:...Ak:",....-. _'w<@"U_ D Amendment of Proffered Conditions D Amendment of Planned Unit Development Plan o Amendment of Comprehensive Sign Overlay District Address: 3008 & 3016 Williamson Road, N,W, & 2728 Chatham Street & Vacant Lot to West Official Tax No(s).: 12070402,2070403, 2070404 and 2070414 Existing Base Zoning: IRMF R 'd t' 1M I'f '1 (If multiple zones, please manually enter all districts.) , esl en la uti ami y Ordinance No(s}, for Existing Conditions (If applicable): I Requested Zoning: ICG, Commercial-General I Proposed Land Use: Retail Sales Establishment and Financial Institution I 0 With Conditions ~ Without Conditions . +, (540) 387-3700 I I Name: Phone Number: Address: E-Mail: I I Phone Number: I E-Mail: I I I Name: Address: Phone Number: I + 1 (540) 387-1153 I .E-Mail: Ipjbrown@parkerdQ.com I 500' 250' I 0' 500' ~ I GRAPHIC SCALE 1000' I 1" = 500' ~ if ~ 4r " ,co.Q ~~~J- ~<< ~~ ~&~ VICINITY MAP FOR REZONING REQUEST OF TAX MAP NOS. 2070402 THRU 2070404 & 2070414 .~ 816 Boulevard ~ ' Salem, ~irginia 24153 . ark e r Phone. 540.387-1153 .. P Fax: 540-389-5767 DESIGN GROUP, INC. www.parkerdg.com ENGINEERS' SURVEYORS' PlANNERS' LANDSCAPE ARCHITECTS SHEET 1 Of 1 SCALE: 1 "- 500' DATE: 23 AUGUST 2010 W.O' 09-0040-03 ) Rezoning Application D & S Development, LLC Tax Nos. 2070402-2070404. 2070414 Legal Description for Tax Nos. 2070402, 2070403, 2070404, and 2070414 Requesting a Rezoning from RMF (Residential Multifamily) with Special Exception Use to CG (Commercial General) BEGINNING at a point, said point being the northeast corner of the property, said corner being the intersection of the western right of way of Williamson Road, N.W, and the southern right of way of Lyndhurst Street, N.W., and identified as corner # 1 on a plat recorded in M,B, I, PG. 2648, thence with the western right of way of Williamson Road, N.W., S. 38031'46" E" 255.87 feet to a point on the northern right of way of Chatham Street, N.W., thence with the northern right of way of Chatham Street, N.W., S. 41029' 14" W" 239,79 feet, thence leaving the right of way of Chatham Street, N.W. and with the line of Gary L, & Linda C. Donaldson, N. 48030'46" W., 116.50 feet to a V2-inch pipe, being a common corner with Roberta L. Johnson, thence with the lines of Johnson, N, 41029' 14" E., 54.99 feet to a I-inch pipe, thence N. 460 r 8' 46" W., 135.60 feet to the southern right of way of Lyndhurst Street, N.W., thence along the right of way, N. 41029' 14" E., 223.95 feet to the place of BEGINNING containing 1.336 Acres. The property described above is the same property identified in M.B. 1 Page 2648. Special Attention Note: The bearings in this description are based on the State Plane Coordinate System, Virginia South Zone, US Feet, whereas the bearings shown in M.B. I, Page 2648 are based on a previously recorded plat. The bearing differential between the plat and the state plane coordinate system is 00 30' 46" to the southeast. The interior angle representation, distances, and location of the property are identical .to that shown in the recorded plat. . August 25. 20 I 0 Page 4 of 40 Rezoning Application D & S Development, LLC Tax Nos. 2070402.2070404, 2070414 List of Adjacent Property Owners , .... " "",., ',", ..... " .'....., ;. .... ' . , "", ". '." D&Sp~y~I()J>ig~nt,~~<; :',. Adja~Qt Property Pwn~t~ .. ,.,'.", ,', .. : '..' . ..' .'. '. ',. '...... ' ',-::;" >'(, , ",' , .,.... ,.... .... .' c,': , Ta~ P.ar~el PYvner Property AfJd~ l\iaUing ;\,(idress , City, State and ~ip Code Adjoiners Across Williamson Road, N.W. . 3101006 Curtis E. & Ellen Fuller 3103 Williamson Rd, NE 1942 Brandon Avenue, SW Roanoke, V A 24015 3101007 Paul & Medeline G. Sandum 3005 Williamson Rd, NE 1332 Waldheim Road Salem, V A 24153 3100924 Southland Corporation 2933 Williamson Rd, NE P.O. Box 711 Dallas, TX 75221 3100923 TC Squared Real Estate, LLC 2925 Williamson Rd, NE 100 I W. Main Street Salem, V A 24153 3100922 TC Squared Real Estate, LLC 2917 Williamson Rd, NE 1001 W. Main Street Salem, V A 24153 Adjoiners Across Chatham Street, N. W, 2070705 Tailings, LLC 2914 Williamson Rd, NW 3221 Fleming A venue Roanoke V A 24012 2070707 Judith M. Reineke Vacant Lot 271 I Chatham Street, N.W. Roanoke, V A 24012 Adjoiners Touching Subject Property 2070405 Gary L, & Linda C. Donaldson 2718 Chatham Slreet, NW 2718 Chatham Street, NW Roanoke, V A 24012 ,/ 2070413 Roberta L. Johnson 2723 Lyndhurst Street, NW 2723 Lyndhurst Street, NW Roanoke, V A 24012 Non Adjoiner In Close Proximity 2070412 N/F Margaret Irene Call 2715 Lyndhurst Street, NW P.O. Box 8224 Roanoke, V A 24014 Adjoiners Across Lyndhurst Street, N. W. 2070133 Patricia Large Scott 2708 Lyndhurst Street, NW 2708 ~yndhurst Street, NW Roanoke, V A 24012 2070144 Enes Suhopoljac 2712 Lyndhurst Street, NW 2712 Lyndhurst Street, NW Roanoke, V A24012 2070142 Jeffrey T. Bowles, Et Als. Vacant Lot P.O. Box 121 . Fincastle, V A 24090 2070141 Jeffrey T. Bowles, Et Als. 3102 Williamson Rd, NW P.O. Box 121 Fincastle V A 24090 August 25. 20 I 0 Page 5 of 40 Rezoning Application D & S Development, LLC Tax Nos. 2070402-2070404, 2070414 Narrative D & S Development, LLC has recently cleared the subject properties of existing buildings and pavement under an approved demolition plan. The Owner now plans to develop a facility that will provide multiple uses including but not limited to: ' \. 10,000 square foot retail area, . Approximate 885 square foot financial institution, and a · Approximate 4,000 square foot large appliance retail area. The desired uses are not allowed under the current zoning of RMF. The previous uses of the properties are listed as a nursing home (Whitehall Manor, also known as Southern Manor); however, another company operated on this property as well that was a commercial business (Commercial Distributors, Inc). The property was zoned C-2 until the Citywide rezoning of December 2005 occurred. At that time this property was zoned to RMF to allow for nursing home use, The property size and characteristics does not allow a rezoning to Commercial Neighbomood. The adjoining properties to the North, East, and South are currently zoned Commercial General. The subject properties are the only properties located along Williamson Road that is not currently zoned commercial or industrial for a distance exceeding 5.800 feet to the north or a distance exceeding 9,000 feet to the south. The Master Site Plan illustrates the approximate 14,885 square foot building and proposed parking. The entire development contains 1,336 acres, once the individual parcels have been combined. During the combination process, additional right of way will most likely be dedicated to accommodate the placement of curb and sidewalk along Williamson Road, N.W. and Lyndhurst Street, N.W. ' An area of 2, 185 square feet is anticipated to be deditated as right of way. ' With the construction of the proposed building, an existing sanitary sewer line will be relocated and the new easement will be provided. The proposed building is placed along lyndhurst Street, N.W. with sidewalk improvements and pedestrian access in accordance with the regulations. A second pedestrian access path is designed from the crosswalk at Fugate Road, N.W. to the building. Please note this concept provides the most direct path for pedestrian use. The distance traveled from the intersection at Fugate Road is 80 feet. Should the building be placed closer to Williamson Road, the actual entrances to the building will most likely be located on the side or. rear of the building and the path for pedestrians to access the building would result in a longer distance. While staff recommends no entrances along Williamson Road, the development is to utilize one existing entrance off Williamson Road, N.W.. This entrance will be an entrance for tractor trailer use. Based on staff comments, an entrance width greater than 30' requires a special exception requestto be granted. The special exception will be pursued once the rezoning proceedings are finalized. Two new entrances off Lyndhurst Street and one new entrance off Chatham Street are also planned. Other existing entrances will be reconstructed to typical sidewalk, As shown on the exhibit, the site currently has three entrances on Williamson Road, one entrance on Chatham Street, and one entrance on Lyndhurst Street. The existing entrances are labeled as "A", "B", etc while the planned entrances are labeled as "I", "2", etc. The development will provide the required buffer along the western property line, in which the properties are :zoned RM-I. Th~ buffer will be Type D, Option I which includes a screen fence and evergreen trees. Revised September 27, 20 r 0 Page 6, of 40 Rezoning Application o & S Development, LLC Tax Nos. 2070402-2070404, 2070414 The development includes a use in which maximum parking does not apply; however, the parking requirements have been followed to insure that minimum parking is met and the number of spaces do not exceed a number of spaces that are generally required for a development of this nature. A separate space for loading and unloading is provided on 'the western side of the building. The minimum required loading space of 15' x 25' is shown on the plan. The approximate dumpster location is shown on the plan as well. Summary of Conformance to Design Guidelines The Williamson Road Area Plan (WRAP), adopted October 18, 2004, provides direction in the development of this concept plan. Under the section "Adapting Commercial Land Use Policies", "small-scale retail, service, and office uses" should be utilized to transition to a mixture of less intensive commercial types. The development conforms to the WRAP recommendations in the following manner: . Locate new buildings toward the front of the site. so that objectionable activit;)' is physically moved away from residences. The proposed plan positions the building in close proximity to lyndhurst Street, keeps vehicle traffic away from residential uses, and provides the most direct route for pedestrians along Williamson Road. Two pedestrian paths are provided, from Lyndhurst Street and Williamson Road, The development minimizes the distance traveled from Williamson Road and insures that the visible front from Williamson Road will be the primary entrance. . Buffering and screeni~r-Physical separation with green space. fencinl:. and v~etation-should be used to complement good site and building desil:n, The required buffering and screening is provided along with the inclusion of a loading and unloading area adjacent to the residential buffer to serve as an additional buffer from the building. · The placement of street trees and streetscape, This plan incorporates the use of street trees and the building is positioned to maximize the placement of trees along Williamson Road. . Stresses the use of street side parkinl: along Williamson Road, including "Parking is recognized as a necessity, but must not be allowed to dominate any development. Since this development involves two side streets, the close representation of this' . development pattern is recreated to soll)e extend, Parking is adjacent to the building front but is limited in number of spaces, and a majority of the parking spaces are placed to the southern side of the building. . Stormwater Manal:ement. The development will keep the runoff rates to the existing conditions, as will be required during the review of the Comprehensive Site Plan, In addition, Stormwater Quality will be addressed to meet state and local standards. Grassed sWales and Manufactured BMPs will be included in the development to meet the requirements, . Break large buildinl: fronts up into smaller modules. The proposed uses have specific architectural designs, distinct to the proposed uses, The presence of three uses will assist in dividing the building, J . Limit the number of parking spaces. The final design may incorporate pervious pavers for a portion of the parking spaces. At this time, all parking is shown as pavement. . Share parking and maneuvering lanes. Shared access lanes are provided wh~re possible. The tractor trailer access is also a controlling feature within this ~esign. Revised September 24, 20 I 0 Page 7 of 40 Rezoning Application D & S Development, LLC Tax Nos. 2070402-2070404. 2070414 . Put trees within and around parkine areas. Three interior islands have been created within this concept. More of an emphasis is placed on providing street trees where possible ~nd providing adequate space for tree growth. . Avoid fencing the front. No fencing is provided along any street. The required screening along the western limits is included for screening purposes. . Control vehicular access. This development is relocating several curb cuts along Chatham, Lyndhurst. and Williamson Road and resulting in fewer curb cuts. The development is relocating an existing entrance at the intersection of Lyndhurst and Williamson. Other recommended guidelines: The Street Design Guidelines provide some general direction on improvements adjacent to Lyndhurst Street, Chatham Street, and Williamson Road. The general guidelines implemented include: . Pedestrian accommodation in the form of sidewalks or shared-use pathways should b~ provided along all arterial streets and all collector streets. . Local commercial centers are intended to serve multiple neighborhoods but generally do not draw customers from a citywide or regional base. These centers are typically located along arterial or collector streets and are characterized by laree sites, linear development. deep setbacks. and large expanses of parking, Uses often include grocery stores, restaurants, and small retail shops. . Local commercial corridors are intended to serve as retail strips for customers throughout the City and are generally located on arterial streets. They are characterized by linear development on wide streets with frequent curb cuts but without bicycle lanes or pedestrian traffic access. Land uses often consist ofa variety of business supportive services such as banks, restaurants, furniture stores, and convenience stores, among others. Conformance to District and Surrounding Areas The properties are currently zoned RMF; however, two of the properties have been utilized as a nursing home under the name of Whitehall Manor, sometimes known as Southern Manor. As stated above, an additional company, known as Commercial Distributors, Inc, also operated from the property location. A third property on Chatham Street is designated as a Commercial/Industrial use. The properties have recently been cleared of existing building and pavement. The properties immediately to the North, 'East, and South of the subject properties are zoned CG and include uses such as: . Fabric Store . Vehicle Repair Shop . Car Wash . l-Eleven . Offices The requested rezoning to Commercial General is necessary to allow the uses identified. Revised September 24, 20' 0 Page 8 of 40 Rezoning Application D & S Development, LLC Tax Nos. 2070402-2070404, 2070414 Impact to Surrounding Areas The impacts that the proposed development will have on the surrounding area should be minimal and not have an undue adverse impact. The existing buildings were in closer proximity to the western property line, with no buffer identified. The proposed development provides for screening and buffer. Street Trees are included to provide the aesthetics desired in the WRAP. Water Demands: The subject properties currently have five (5) water meters, each capable of 20 gpm, totaling 100 gpm. The proposed development will require one two-inch meter, with an estimated peak of 60 gpm. The proposed development will include a fire hydrant on the west side of Williamson Road, an item that is greatly needed as well as the building being protected by a fire suppression system, Sanitary Sewer Demands: The proposed development will relocate the existing sanitary sewer system. As the water demand is decreased, the sanitary sewer demand will also be decreased. Storm Sewer Discharge: Based on the concept shown, the development will discharge to existing structures located along Lyndhurst Street and Chatham Street. The peak discharge rate will be at existing levels or lower. The site will address stormwater runoff quality per the State and Local requirements, The pollutant (phosphorous) level will be decreased as required. In general the proposed development will not adversely impact the public health, safety, or general welfare of the surrounding areas. Planning staff recommendations. Planning staff recommendations have been provided to the developer. While design principles recommend a multistory building with a shallow setback from Williamson Road, the developer does not desire a multistory building, WhiJe the design principles recommend that parking be located to the side and rear of the building, the WRAP also recommends angled street side' parking. While the zoning ordinance does not allow measures to construct street side parking, this development provides street side parking to the greatest extent allowed under the current zoning ordinance. Planning recommends that lighting be kept to a maximum foot-candle at all property lines. The City currently has requirements on locations and type of light fixtures and is reviewed during the site plan process. Signs and reconstruction of public sidewalks along Williamson Road and Chatham Street were also discussed. No action is taken on these items at this time. Revised September 24, 20 I 0 Page 9 of 40 ~11!~~li~ I =-- I IIMl 1IUIlbuI-'IOAI!:l t~tIWJZ 1 totO.!Ol: MIl ZlItOLOl: 'SON 181 0:> ~ &6uel/:> 6UIUOZ 6u9s8nba~ :>11 'JU8wdol8A80 S ., a JOj U81d Idr,)uo:> p8sodoJd I~ ~I~II~I!~I f i~l~h IIi! / / "I~';';~ / ~,~t~ ~: L !I~l~ I ,ii li~l!~ :1~tilii!i l 11;1 ----.,-1.. 8~; h~~ i~ I' ~~iili ~__----"__ -Ll Ofll Zj~~~ 'M'N'lI\fO~o;W\'IT1IM (e>(~ ~-... "'- !~~li~ ~ : ~!is~~ -~ I~ ~i8~i o ~g_~G ~ ~ ~~;ii .. '~._,__ I nd~ ~ I ~ II I il. D ~. I D!J 8111 i fl~ ~ ~ ~ J J J ~ hi II I I I Iii !! in ! J.. o II{I~lfll i~! 5 !~ ~ f I l lit ,I I! : 81;!11. I~l' d Ilu!lI ill i~: II : I 1111(11 I} I} ~11!kili) 'I! I~af tiii filii il 5P Ju . !IIi llil~ ,I ! i t 5i !~ ! ~~~~ a~1i /' ! ~~~l"~~' ~. . i:~~ ~~~', h ! ~ ~; I ~ ~ · ~?' W ~.~f~~~ '" Ii ;i ~~ I ~!i n~sl~ ('If 12"'.. ;oj III .. ~ oil . ~ILL ~ ~~ : r ;a::. ----.---....--1 - ~i\- ~i \ ~ l ~~ : " ~ i: \ ~ . ;' bg'.8 Ii e~~h ~: \ ~.. ";~ \ '1" ~ , 1 1 1"1 \ i' 1l~~~8>ti~ . dud~~~: \ flai ~~ii \ " --~ ;~ ~~d ~~~ IL~ .... , ~!~~ sh.... II:~ ~ I 'iaw Ii~~ ~\ ~.' Jili'. ;" ~_: I ~~' s. ," t I .... ~z ~ "'I ~~~:j~~! \ ~>l f~U~!..i '\ "I ili' f'~ 2:11 ~ I f ~ ~~ ,!&, ~i I ~N...... ~ I .~~ I , ,~ ~~~ , ~~ \ ~I:.'i~i~.,. i~~~~~' , i... L' ~'i. -~*. \,~,~, ---'~;-;:-~. t c8 ,..a:Ui t!. \" 1~i m! ~i ii~ t .' "t '~~ I, II iI" illrl ;1 IllII Ii ii~!II!1 Ii lill' Ii 11111'11 II 1I1111I11I liljllfll(1 1~1;!Bii~i.lllllllllil 1!~I~!I~lllliR!illl!l! u il !:ii.. i .. ~ ~ ~~ ! ~~ i ~ ~! ~ !1iiS A 9 iIi 0 ~ n aUi I ~ ' ; ,I I l' i \'~;--- , ~~ \ ~:i .,,' , ~~' \ b~~~d; : ~,~~~, \ .L, "..' 0.. "'2' ~~ rJ~ ~\ ~ fJ: ia ~ \ . RJ,l ,I ,,~I~ J: '".. \ .~ "\ 1> i ~ I ~ ia ~' l\!rr-~: i"~~ l~ \ I I x ' Ii \" \ 1\ "l r" =. 1I . \ I ~~ k, I \ ,'~; '\ 1: '~, \ "\ l ~~~ " \ \ "o~ .;!. - ~ : \ \ ,~l~" f I Ii> ~l ". I ~ ' Rezoning Application D & S Development. LLC Tax Nos. 2070402.2070404, 2070414 Traffic: Prior to demolition, the site had five buildings totaling 17,130 square feet of building. The buildings were being used as a rehabilitation center, with multiple bedrooms and associated uses. The dining facility was also providing meals for those not located on the premises. The trip generation for the existing condition is shown attached to this document. The proposed development provides a variety of uses. The trip generation of each use is evaluated and then conservatively added together, even though the peak hour of a financial institution may not be the peak hour for the retail uses. The end result shows an increase of approximately 662 trips per day and an increase of approximately 84 trips per peak hour. These values are less than the minimum values that would require a VDOT 527 traffic study. The 2009 VDOT Traffic information reports approximately 16,000 vehicles per day along Williamson Road, between Liberty Road and 10th Street. Traffic impacts are determined by the amount of traffic generated by a land use. Average trip generation rates are determined from studies published in the ITE Trip Generation Manual and calculations are performed to determine total trips generated by the development. From a traffic standpoint, the uses are further described in a certain manner: Retail: I O,OOOSF - Use 815 Free-Standing Discount Store Financial Institution: approximate 588 SF - Closest use is Use 911 Walk-in Bank Retail Large Appliance: approximate 4,OOOSF - Rent to Own - Use 890 Furniture Store Total: 14,885 SF Considering the uses of the development, it is practical to split the principal building square footage into separate ITE Land Use definitions, The ITE Trip Generation Manual defines each use. The closest uses were provided for the evaluation. Each use is evaluated on a daily use as well as a peak hour use in the morning, evening, Saturday, and Sunday. The peak hour trip for each use is then added together to find the maximum daily trip and peak hour trip. I , Please reference the detailed table in the appendix to better interpolate the results and the assumptions utilized. Proposed Trip Generation Results Time Calculated Trips Unit Weekday 726 Per day Saturday ~ 7/8 Per day Sunday 548 Per day Weekday Peak Hour Generator AM 90 Per Hour Weekday Peak Hour Generator PM 90 Per Hour Saturday Peak Hour 81 Per Hour Sunday Peak Hour 75 Per Hour Regardless of existing use, the proposed use does not warrant a VDOT 527 Traffic study. The study information for the existing use contained only two studies. Neither study included the small number of units occupied, similar to the existing site. Revised September 27, 20 I 0 Page II of 40 ~ ~ g~ ~ g . .,. o ~ c o ::l lU :i u iii o c .e e CIJ c CIJ Cl ,5!- t= ,~ I- & :r ~ i il 'il o j f::: It) (0); ol! i I- i;' , i 1 & """ z ~~ i i;'ft 3 i~ on", j! ;C. ~ '"' 3~ 1C) cO.o ~~ i;'- II ~ ...... ~:! '"', ..c ll~ '" :lI...g ~~ '" Ii N Q) ~ d) ~ ~...., ... f~u...g ~~ :i'~ 0 on _. 1:.\ - - it"- fi " i ~ ! 1 '" . .. ... i ~ : II fe, a. ell ~ ;cliE ~ i i;'-;. ,:h l;c. ~ ~c ~ jell ;c~ l2 1lC'li ;c"- ! I- .., a i j ~ o = S Ii; 8 :;! ~ M t ! e o. j-~I8.8 ~ J E ~ .. I--W ~ 11 :'il i o e ill III ; ~ g l- i ~ 8 .t ... '" i 5 ~ i l! ~ 1 iii -" = ! u ~ ~ Ii i. 18; - ..qi o11C1J'" I.5E~ 5;,.. .~J! ~ H,j'~ ii .. on - li ~~;;(D ~B~ Hi "''''''' 1! i " i III on ... J i t> s if 111! !j L, 'l; Ii n- Jl j 5 n ,h U !~ t>& f ~ cs! .2,c ~ g ~I H- Ci. a i! ~~ ~.R e l! @ @ ell<'!J ~.g. 1-1- iiJ .., ... III ~ * !;! .. = CD III III e u 1: Q. 'S:: I- l!i P il p c-." j1 j U UIlH H l1' I'll ..... ~ oj )1 - ~~ .ll~j~l; ... !5. .... s: 0 !lP c S 011-:;; S,'"f''' .:r J: CD l! :2 ~!~;j~ if~~i~J"'" .. lii .. '6 i .. .=.=} h ~I 11!~2wo CQ0-!O)cCC pdiii d,H.z,zj :i! ll'm ,fl ~ c c 'l;'O.e~1i,gj ~~~cZ~i' ;:;:;Ecllcll~ ;: ...= II ! ,@OIL@- _0-... !-,?~~',:- r I I ~ I ~ ! ~ t t. i l " ~ Land Use: 815 Free-Standing Discount Store Description The discount stores in this category are free-standing stores with off-street parking. They usually offer a variety of customer services, centralized cashiering. and a wide range of products. They typically maintain long store hours seven days a week. The stores included in this data are often the only ones on the site, but they can also be found in mutual operation with a related or unrelated garden center or service station. Free-standing discount stores are also sometimes found as separate parcels within a retail complex with their own dedicated parking, Free-standing discount superstore (land use 813) is a related use. , ? ! Additional Data Truck trips accounted for approximately 2 percent of the weekday traffic at one of the surveyed sites. , t 1 I f Vehicle occupancy was 1.46 persons per automobile at one of the surveyed sites. Peak hours of the generator- The weekday peak hour varied between 10:00 A.M. and 4:00 P,M. The weekend peak hour varied between 11 :00 A,M. and 2:00 P ,M. The sites were surveyed from the 1970s to the mid-1990s throughout the United States. Source Numbers 87.113,124.245.305.340,353,358,376.386,417 Trip Generation, 6th Edition 1233 Institute of Transportation Engineers (.r,,:;,*~;.'~:~~'i'if": ~~;;,":;~, ::<,j..'-~ Free-Standing"Discount Store (815) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Fl,oor Area On a: Weekday Number of Studies: 20 Average 1000 Sq. Feet GFA: 107 , Directional Distribution: 50% enterirlg,50% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates 56.63 25.53 - 106.88 Standard Deviation 20.12 Data Plot and 'equation (/l '0 C W c.. 'C I- CD U :E ~ CD en e CD ~ II I- 11,000 15,000 14,000 , . . . o.'o. ~ . . . , . . , . . , . . . .. ~ . . . . . .. - . , 10,000 5,000 4,000 3,000 2,000 13.000 , . , , , . . .,. . .. ... ,....... ~ . . , . , .,......,. .,." ..... .,. 12,000 . .'...,.. ^... .... .,............"'..0...... . . , . < < o. .. ~ . . , , < .', . . .... > .., - ,...o. ... .....o.. 0..,. . , ".:.,._~ , , ".. '._.' 0.... ','" . , .,..o... 0'". .."...o.. 9.000 .o.. .'-.. > >..,,/1., 0 1< , , . , , ...,.,.\".,.,. ,'o..,.,o... .",.. ...,... . , , 8,000 , '" .;.. ., , " ':,)~, 7,000 ....o." ,.........0.. 6,000 '.". .'.. . , . . , . o.f. .. .......o.., ",....,o...."., ~ '. ...J....~"":.-.~....-..-.-"....x. ,;. ........ ....: --~--- . ~: X ' , . , ' ----- . ,x ,: . '... '." "'" x:... .,.0, .,' ". ._'_._-"~:-. .....o. ',' . . '0.. "h'" A < X' ',." ~... .. --~---, , . , '. '" , ':. .... :.::.~:-..~"':-:~ . .. ., , ,_, ,. x ,', ., " ,:" , '., ".:, ,,'., '..,... " .., . _......- 0.... .r.-..........~o-. . . x . , ,..'......... V........., 0 < '. . , . . 1" '"0. <..,.,.. "',' X 60 70 80 90 100 110 120 130 140 x == 1000 Sq. Feet Gross Floor Area X Actual Data Points - F1ttedCurve - - - h_ Average Rale ~Itted Curve Equation: Ln(T) = 1.654 Ln(X) + 0.911 .B2,= 0.68 Trip Generation, 6th Edition 1234 Institute of Transportation Engineers '"iN;'N~'~'i<?<-~'''~f~~i"~;;''",'>-''':,:l';-"<<~~~#-:;~,,,,;y.;'4~'.~:':V.;t,,,",;'''''",..",~#;;,;w;.;>N."""';;;;:'",';,,~,,~:""":'~,-;":~,..;.>,:~ ~i Free-Standing Discount Store (815) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. Number of Studies: 3 Average 1000 Sq, Feet GFA: 109 Directional Distribution: 66% entering, 34% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates 0.99 0.51 1.34 Standard Deviation 1.05 Data Plot and Equation Caution. Use Carefully - Small Sample Size 160 x 150 140 130 /J) -g 120 W Q, 'C;: I- 110 ' , Ql (5 :2 Ql 100 > Ql CI t!! 90 Ql ~ II 80 I- 70 60 50 40 90 .,..,.. ... Jo",. >. .. , , ,,,.. .'.. ,..".. . h . ' ;,., : ,.X'. --- --- --- _..-- .. . ._~-~.~~-~~~-- --- --- --- _...-- ....:-~....,_...:"'=---:~- "X' 100 110 120 x = 1000 Sq. Feet Gross Floor Area >~ Actual Data Points ------ AverageRale Fitted Curve Equation: Not given R2 = .... T:rlp.Generation, 6th Edition 1235 Institute of Transportation Engineers Free-Standing Discount Store (815) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. Number of Studies: 25, Average 1000 Sq, Feet GFA: 111 Directional Distribution: 50% entering, 50% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Aates 4.24 2.48 - 5,91 Standard Deviation 2.23 Data Plot and Equation 700 600 ...,<., x : x x. ,~:, ~,~ x : en 'C s::: w .e. t=- al 15 :i: ~ CD Ol E! al ~ II I- x: x: ~~'--x ,,' . < ,~,,"""".. . . ~- .:; :",..... /' , ,.,.,..... X ",,~"" ,..,.,,~~ ",' ~ 500 X' 'X . . x 400 'X ;'.' 'X x'...'. 200 , , . ,- ./ " /. , / . .,.' -.' . ~. . . :,.0" ~/',,-' : :///-: , ,t' .. y..... .,.'. .,_. . / . " " /. X ){ 300 >.-.. I" 100 30 40 50 60 100 110 120 70 80 80 X ACtual Data Points X :: 1000 Sq. Feet Gross Floor Area - Fitted Curve ------ Average Rate Fitted Curve Equation: Ln{T) -1.139 Ln(X) + 0.764 R2 = 0.65 Trip Generation, 6th Edition x ," ~.' 130 140 1236 Institute of Transportation Engineers I I I l" ! ! { Free-Standing Discount Store (815) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Weekday, A.M. Peak Hour of Generator Number of Studies: 8 Average '1 000 Sq. Feet GFA: 90 Directional Distribution: 50% entering, 50% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates 5.82 3.53 9.05 Standard Deviation 3.04 Data Plot and Equation 1,100 x 1.000 900 800 <' . ::.. . . . v ^ '. ~ 0' . UI 'C C UJ C. 'I:: f- oS! o i > Q) ~ .... CI) ~ II .... 700 600 .. >.,. . > x 500 ,'.. . ...... < , ' X' 400 .'. "X ",. . . . . ,." . ,,~"."'" 0 300 .".. . , . .,0"'" .'j;.... -0"- 200 '.' x 100 50 60 70 80 90 100 110 120 X Actual Data Points x = 1000 Sq. Feet Gross Floor Area Fitted Curve ------ AverageRate Fitted Curve Equation: Ln(T) ..1.169 Ln(X) + 0.950 R2 = 0.50 Trip Generation, 6th Edition 1237 Institute of Transportation Engineers Free-Standing Discount Store (815) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Weekday, P.M. Peak Hour of Generator Number of Studies: 19 Average 1000 Sq, Feet GFA: 105 Directional Distribution: 50% ~ntering, 50% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates 5.51 3.17 9.44 Standard Deviation , 2.83 Data Plot and Equation 1.100 1.000 900 ., ~ r:: W Q, 'C ~ CIl 'u :2 ~ Ql t>> e ~ <( II ~ 800 700 ., 600 x: 500 ..,............' 400 ..... .:;..;.....-:-"': ,'. " . , . ,. ->"..... " . 300 ' '.x'..',' 200 50 60 70 X Actual Data Points Fitted Curve Equation; Not given Trip Generation, 6th Edition x . x ." ,:.. " ,t. <' ~. ~.,., : .)<.<~;" ;, ......''SI!': ",' xX . _....~............~., ~ ~ '.' 'x:'';'.' 'c." .' x x x .,:...... ....,........ . x: x "0" . ,...."... ...;...:-:".... .',. "; .'",. ".," " . < "0" < . .' ,~' ,. . .' x . '>< x: 80 90 100 110 120 x = 1000 Sq. Feet Gross Floor Area ____u AverageRate R2 = .... x 130 1238 Institute of Transportation Engineers i I I ~ J ! I i i l ~ ! f . . J I } I ! i ! i ~ ~ ~ 1 1 } ; ~ i :: i i ~ f f t l I ~ ~ 1 :; i ~ f Free-Standing Discount Store (815) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Saturday Number of Studies: 18 Average 1000 Sq. Feet GFA: 104 Directional Distribution: 50% entering, 50% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates 72.03 45.42 . 92.59 Standard Deviation 15.91 ---. Data Plot and Equation 11 ,000 x x ..., . .... .vO' x: x ~: 4.000 ' '. "v...., .,..... . X; . ~ , ~ /' )!C, ,..-" q. 0;'''''.''. .....;....... X X x -,' ,,' , .....,...:.~~~. ,J" . " 3.000 ., x 2.000 50 70 so 90 100 110 120 130 60 x = 1000 Sq. Feet Gross Floor Area X Actual Deta PoInts - Filled Curve - -- - -- Average Rate Fitted Curve Equation: Ln{T) = 1.163 Ln(X) + 3.496 Ra = 0.64 Trip Generation, 6th Edition 1239 Institute of Transportation Engineers Free-Standing Discount Store (815) Average Vehicre Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Saturday, Peak Hour of Generator Number of Studies: 22 Average 1000 Sq. Feet GFA: 115 Directional Distribution: 51 % enterin~, 49% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates Standard Deviation 3.10 7,66 5.41 . 10.71 Data Plot and Equation 1,300 x 1,200 ,.., 1.100 ,', ~' c: W c. 'C: ~ CD '0 :c: ~ CD 01 e! CD ~ " ~ x xx: x' ......'" .,.._'....<~, ? ~'. ,. . .,' x x x 1,000 ,... '. x. 900 'x'" x.:. .' , '....... < .' ".., x .' ..' "".,...'... x " ,.' ..' . '.. ',' '. ,.....'" . ~.' . . .,' 800 '...... . ..' , '. ~ . :', " . "'" . . . . . ,.',,", .,.' .,' x .,.... x: 700 ......-=--:...., ~ . < . . . . . . .:. . . . "". .. x x x x 600 x' x 500 90 100 110 120 130 140 X = 1000 Sq. Feet Gross Floor Area X Actual Data Points - - -- - - Average Rate Fitted Curve Equation: Not gIven R2 = ..... Trip Generation, 6th Edition 1240 Institute of Transportation Engineers Free-Standing Discount Store (815) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Sunday Number of Studies: 3 Average 1000 Sq, Feet GFA: 109 Directional Distribution: 50% entering, 50% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates 1 54.90 42,95 - 64.27 Standard Deviation 11.30 Data Plot and Equation Caution. Use Carefully. Small Sample Size 8,000 x 7,000 ",. . fI) -g w .9- ?: Q) :2 .s::. ~ Q) 01 i!! Q) ~ " I- x ~. ........"- ~~~ 6.000 . ....,- ~~~_,;_...~~r::~ ~~- --..,...... .............~'_... ' ~~ , .............- 5,000 "'" x 4,000 90 100 110 120 x = 1000 Sq, Feet Gross Floor Area X Actual Data Points - -- -- - Average Rate Rtted Curve Equation: Not given R2 '" .u. Trip Generation, 6th Edition 1241 Institute of Transportation Engineers Free-Standing Discount Store (815) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Sunday, Peak Hour of Generator Number of Studies: 3 Average 1000 Sq. Feet GFA: 109 Directional Distribution: 52% entering, 48% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates 7.32 6,01 - 8.61 Standard Deviation, 2.90 Data Plot and Equation Caution. Use Carefully. Small Sample Size 1.000 900 <" ~ ., ^ ~ III '0 C W a. '0:; .-- Q) "5 :E Qj > Qj Cl to ... Q) ~ II .-- ", ,,' " " " ,,' :.;..>-~: .,' x 800 ... ,,' ", 700 ",.." ....................,.... ........~...-.. ", " " 600 x 500 90 100 110 120 x = 1000 Sq. Feet Gross Floor Area X Actuai Data Points ------ Average Rate Fitted Curve Equation: NOlglven R2 = *AU Trip Generation, 6th Edition 1242 Institute of Transportation Engineers ; ~ I! , ~ Land Use: 911 Walk-in Bank ti r 1;" I r l' i ~' l . ~i ~ i: I: n; i: I I: i- ~: Il !' f t lf, t ~, 1 I' ~ ~" ;~ :. ~ I m ~ ~' @ if 't ; ~ ;:;" ~' ~ ~ ~ i i I I:' Ii Description Walk-in banks are generally free-standing buildings with their own parking lots. These banks do not have drive-in windows. Drive-in bank (land use 912) is a related use, These banks mayor may not contain automatic teller machines (ATMs). Additional Data For the limited number of studies where data were provided, the vehicle occupancy ranged from 1.24 to 1.34 persons per automobile on an average weekday. The average auto occupancy was 1.29 persons per automobile. ' Peak hours of the generator- The weekday and weekend peal< hour varied between 11:00 A.M. and 1:00 P.M. The sites were surveyed from the mid-1970s to the mid-1980s in California. Source Numbers 90,203 Trip Generation, 6th Edition 1650 Institute of Transportation Engineers Land Use: 911 Walk-in Bank Independent VarIables With One Observation The following trip generation data are for independent variables with only one observation. This information is shown in this table only; there are no related plots for these data. Users are cautioned to use these data with care because of the small sample size. Independent Variable Trip Size of Generation Independent BIll Variable' Number of Studies Directional Distribution E .. ---... mDlovees Weekday 44.47 19 1 50% entenna, 50% exitina A.M. Peak Hour of 1.16 19 1, Not Available , Adiacent Street Traffic P.M. Peak Hour of 9.42 19 ~ 1 Not Available Adiacent Street Traffic A.M. Peak Hour of 8.74 19 1 Not Available Generator P.M. Peak Hour of 9.42 19 1 Not Available Generator Saturday 3.89 19 1 50% emerina, 50% exiting Saturday Peak Hour of 1.37 19 1 Not Available Generator Sunday 2,37 19 1 50% enterina, 50% exitina Sunday Peak Hour of 0,53 19 1 Not Available Generator 1.000 Square Feet Gross Floor Area Weekday 156.48 5 1 50% enterina, 50% exiting A.M. Peak Hour of 4.07 5 1 Not Available Adiacent Street Traffic P,M. Peak Hour of 33.15 5 1 Not Available Adjacent Street Traffic Saturday 13.70 5 1 50% enterina, 50% exiting Saturday Peak Hour of 4.81 5 1 Not Available Generator Sunday 8.33 5 1 50% enterina, 50% exitina Sunday Peak Hour of 1.85 5 1 Not Available Generator Trip Generation, 6th Edition 1651 Institute of Transportation Engineers \ Land Use: 890 Furniture Store Description A furniture store specializes in the sale of furniture, and otten, carpeting. Furniture stores are generally large and Include storage areas. The sites surveyed include both traditional retail furniture stores and warehouse stores with showrooms, Additional Data Truck trips accounted for approximately 1 to 13 percent of the weekday traffic at the sites surveyed. The average for the sites that were surveyed was approximately 5 percent. Vehicle occupancy ranged from 1.12 to 2,00 persons per automobile on an average weekday. The average for all sites that were surveyed was 1.42 persons per automobile. Peak hours of the generator- The weekday peak hour varied between 10:00 A.M. and 6:00 P ,M. The weekend peak hour varied between 2:00 P.M. and 5:00 P.M. These sites were surveyed from the late 1970s to the 1990s in San Francisco and San Jose, California; Portland, Oregon; Poughkeepsie, New York; and Orlando and Daytona Beach, Florida, Source Numbers 95,126,280,439 Trip Generation, 6th Edition 1625 Institute of Transportation Engineers Furniture Store (890 ) ~verage Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area' On a: Weekday Number of Studies: 13 Average 1000 Sq. Feet GFA: 69 Directional Distribution: 50% entering, 50% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates '5.06 0,70 - 15.35 Standard Deviation 4.38 Data Plot and Equation f/) "0 c: W 0- .;;; ..... Ql '0 :i: Ql > Ql Cl f! ~ II ..... 1,400 ,,' ,- - -,' /,,-' , ,,:. ';;"'. "0' , " . ,,~~ , , , , " :.....~. . ~ /' , , , .,. > . ',"' , /,/' .,,< , " ; " .,. , , ,'- .'. . . . . ..: />/<' . ;;/,>"-'" ... x," x. . . . -:. . . ,.~ ~ . " x x , x / 200 . ~ 'TX' . :>". - .. ,~'.:<. . . 'X 1,300 x 1,200 . . . . . . . . ., . . . '9_' . ... . . . . . . . . .' . ~ '., 1,100 1,000 900 x: 800 ", 700 600 soo 400 .' .,...~." .' 300 ,:x 100 o o 100 300 200 x :: 1000 Sq. Feet Gross Floor Area X Actual Data Points - n - -- Average Rate R2 = ..... Fitted Curve Equation: Not given Trip Generation, 6th Edition 1626 Institute of Transportation Engineers ,{ I Furniture Store (890) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. Number of Studies: 16 Average 1000 Sq. Feet GFA: 64 Directional Distribution: 69% entering, 31% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates Standard Deviation 0.17 0.03 0.44 0.45 Data Plot and Equation 70 x 60 50 ... en "C C W a. 'C I- <II U :c Q) > Q) 01 III lii ~ II I- 40 / . """"""""" //",.<<,,>,,, 30 , , ,,;," . , .........~...... ,,/,,/ x- .~.... X......' xx"" X ~>l'(x X X I 200 300 20 x 10 x o o 100 x = 1000 Sq. Feet Gross Floor Area X Actual Data Points - - - --' Average Rate FiUed Curve Equation: Not given R2 = .... Trip Generatfon, 6th Edition 1627 Institute of Transportation Engineers Furniture Store (890) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. Number 01 Studies: 15 Average 1000 Sq. Feet GFA:67 > Directional Distribution: 44% entering, 56% exiting "j" ,} ~ , l , t r i i i I I i ~ ~ ~ @ r~ g ~ m t~ ~ [~ I I ~ I" 'r., ~ ~~ .~ ~! ~ .. Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates 0.45 0.06 1.70 Standard Deviation 0.76 Data Plot and Equation 130 x , , ,//~' . /,>,,,. , . /";,,,. , . ;tc .~ , . , / . /' , . . . . .. . . . . . -.'~ . ." '-" '. . . "~". , . , . . "," " > JI"Ji" ." .~ ~ . ~ >., ,. . . . ,,~......, , ,/ / . , " .. 0'" , , . . ~~' ., ., / , . , ...... ........ -" -,' ',''''' ""." ",;,.... .x. . . . . . . . . . :,,,-=-..... .:.. '. " .. . "" : , . . . x' x' X " ... '~.;'" ".........., . . . .. ' . . ..........""'X .. .. . ;,.,f. . . . . . . . . . . . . .:. . . . . . . " . .,.,. . ,. . "." > . x ,j "',~x. " ... ...... I I 120 110 100 en 90 -g W a. 80 ~ <II :g 70 J: ~ Q) 60 01 l.!! ~ 50 II I- 40 30 20 10 0 0 . . ~.' . , ".,.,., . '. ~: . ._ ,,' .~:' , ,,; . .....0, ",' , .. , . . '"..:.. , e. ~ ,.. " .. x: x 100 200 X = 1000 Sq. Feet Gross Floor Area 300 X Actual Dala Points - - -- -- Average Rate FIUed Curve Equation: Not given R2 = ..... Trip Generation, 6th Edition 1628 Institute of Transportation Engineers I Furniture Sto~e (890) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Weekday, A.M. Peak Hour of Generator Number of Studies: 16 Average 1000 Sq. Feet GFA: 64 Directional Distribution: 63% entering, 38% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates 0.40 0.09 1.17 Standard Deviation 0.68 Data Plot and Equation 110 100 90 80 In "C C W 70 a. 'C I- Q) 60 U ':2 Q) > Q) 50 C) ! Q) ~ 40 II I- 30 20 10 0 0 , , , ,/ ./.. , , ,/ , , < . .. .o.. ',.~_ , ,/ , , ,/ ., " >V'" , ,/'/ . /~/' .... / ,>;,:. . "" . . ... .,.. , . 'u>>~ . . . ).". , . , / . / , . 'X ,.. '.' :;~. < x , "X' ,. ~... . . . . . . 0 . : x~/ x/ .,~.)( ><' . . . .. .. .. . . . . . . .. . x x x 100 200 300 x = 1000 Sq. Feet Gross Floor Area X Actual Data Points -- - - _.. Average Rate Fitted Curve Equation: Not given R2 = .... Trip Generation, 6th Edition 1629 Institute of Transportation Engineers Furniture Store (890) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Weekday, P.M. Peak Hour of Generator Number of Studies: 15 Average 1000 Sq. Feet GFA: 67 Directional Distribution: 51 % entering, 49% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates 0.53 0.09 1.70 Standard Deviation 0.81 Data Plot and Equation 150 140 130 120 110 en "C 100 c W Co 'J;; 90 I- Q) '0 80 :E ~ 70 <II 01 ~ 60 Q) ~ II 50 t- 40 30 20 10 0 0 , .. ~,.,,!,~ ~. oA'''; ,/ ,/ . '0'.,'" / " ~,';~;" . . , ....(. ;-'.. *",,,.,,, . /";"" x;" :.' ,../</ "",,,,, ,.1 . . , ./ ,-. .. . . . . . . . . 0," ", " ,../ : , .x , ,. , . ;.;c . . . ~'... . x X,,' . x x. >,,>>(., ".p.... x ;~'-""y. ",S;x , ..,,57-- >::" '."',". "; , ~ , , <'...,..... '. '. . x ;- ,'" 100 200 300 x = 1000 Sq. Feet Gross Floor Area X Actual Date Points ___n_ Average Rate Fitted Curve EquatIon: Not given I:. R2 = .... Trip Generation, 6th Edition 1630 Institute of Transportation Engineers Furniture Store (890 ) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On s: Saturday Number of Studies: 9 Average 1000 Sq. Feet GFA: 87 Directional Distribution: 50% entering, 50% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates 4.94 0.78 ;;. 13.96 Standard Deviation 4.26 Data Plot and Equation , , . . ~;~.,. . ^ / ...< . / , . .,.,~ <.'> ';'~ " . .",. . ~. ~'> ' ~ <". : .,''' :,~"'.'" ,~ ,,,I" ., . ",,~/ ,>/' ...,>~'~- ,," ;".,,, . / , ;:~ /. , . X. /'~" /' , , . '. .,., , ";,,,,"^ X . ;,(:" / , X , ,-?<: . . x ,~ .:.. x .., .>!: x 100 200 300 x = 1000 Sq. Feet Gross Floor Area X Actual Data Points -- -- -' Average Rate FI"ed Curve Equation: Not given ~2 = .... Trip Generation, 6th EdItion 1631 Institute of Transportation Engineers Furniture Store (890) Average Vehicle Trip Ends vs: , 1000 Sq. Feet Gross Floor Area On a: Saturday, Peak Hour of Generator " Number of Studies: 12, Average 1000 Sq. Feet GFA: 76 Directional Distribution: 50% entering, 50% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates 0.78 0.15 - 2.79 Standard Deviation 1.05 Data Plot and Equation 300 200 , , , , , , , -' ,/ ~->// .""" . '/"//" 100 P P x' .. .... . '",/~~:::;/ P x x ,,'" ,,.,x~ x"....' x1<.-X, X x (/) -g W a. ~ Cll u :c <II > Cll 01 e Q) ~ II I- x o o 100 200 300 x = 1000 Sq. Feet Gross Floor Area X Actual Data Points - - - --. Average Rate , FIUed Curve Equation: Not given R2 = .... Trip Generation, 6th Edition 1632 Institute of Transportation Engineers Furniture Store (890) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Sunday Number of Studies: 9 Average 1000 Sq. Feet GFA: 87 Directional Distribution: 50% entering, 50% exiting ~ Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates 4.64 0.14 - 14.17 Standard Deviation 4.28 Data Plot and Equation 1,300 1,200 1,100 1,000 en 900 "C c: W c. 800 "C I- .!l! 700 0 ~ > <II 600 C) ~ <II 500 ~ " I- 400 300 200 100 0 300 0 , , , . "/'- ,- ,/ " .,. ' " ,/ ,,.'. : ,,~ ;:' ., -..., /'>/..,. ~ . . I . . . . . , . ~'. _ .. .., ')11 . ." , , >/~< , :;/~ :, .,~,." :/ , . ~". .w" . .c:"'-''': ,~,',,,, ,- ...,. . ,.;( " ,,;'~~ . . . . , . . " , ;.')( ':1<'- . - x: x ,.... . x x .~ 100 200 300 x = 1000 Sq. Feet Gross Roor Area >< Actual Data Points -----. AverageRate Fitted Curve Equation: Not given R2 .. u.. :nglneers Trip Generstfon, 6th Edition 1633 Institute of Transportation EnginE Furniture Store (890) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Sunday. Peak Hour of Generator Number of Studies: 9 Average 1000 Sq. Feet GFA: 87 Directional Distribution: Not available Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates 0.92 0.10 3.42 Standard Deviation, 1.18 Data Plot and Equation 300 , i i ! i I ! ( I I I 1 ~ a ~ II ~ " I l? ~ ~ li ~ ~ III ~ III "C c: W Q. .\: t- <II U ~ > Q) Ol l! Q) ~ II I- 100 , , , , , , , , , , , . ,-,,,,,,,-, <. . ~,.,.,..~~ . ' ,/,/~' " ",.-::////// ,.~... /,/'/ Xx ' //,/;Jt./ ,'X ,-x x. 200 . . x x o o 100 200 300 x = 1 000 Sq. Feel Gross Floor Area X Actual Data Points u____ Average Rate Filled Curve Equation: Not given R2 = ...... Trip Generation, 6th Edition 1634 Institute of Transportation Engineers Land Use: 252 Congregate Care Facility ",",',~,,'" '::'~:':l I I I I , ! l I I ! I I l I Description Congregate care facilities typically consist of one or more multiunit buildings designed for elderly living. They may also contain dining rooms, medical facilities, and recreational facilities. Additional Data \", ~: -} I Vehicle ownership levels, in general. are very low at congregate care facilities. The sites were surveyed in 1981 in Portland, Oregon. Source Number 155 r Trip Generation, 6th Edition 456 Institute of Transportation Engineers ~.. -. . -_'~_'~----'_"~~~-"-~'~"'-' Congregate Care Facility (252) Average Vehicle Trip Ends vs: Occupied Dwelling Units On a: Weekday Number of Studies: 2 Avg. Num. of Occupied Dwelling Units: 183 Directional Distribution: 50% entering, 50% exiting ,.rip Generatio~ per Occupied Dwelling Unit I" Average Rate' Range of Rates 2.15 2.12 2.15 Standard Deviation pata Plot and Equation Caution. Use Carefully - Small Sample Size 700 600 ,;x ,/'/~;;' . ;/~<',/ . ///; ,)/:/r,; /// /,/';/ ' v //~'~ . x' l/) u 500 l: W a. .~ I- <II '0 :2 Q) 400 . . > Q) 01 ~ <II ~ II 300 I- 200 100 o 100 300 200 x '" Number of Occupied Dwelling Units X Actual Data Points - ----- Average Rate Fitted Curve Equation: Not given , R2 = ...~ Trip Generation, 6th Edition 457 Institute of Transportation Engineers Congregate Care Facility (252) Average Vehicle Trip Ends vs: Occupied Dwelling Units On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. Number of Studies: 2 Avg. Num. of Occupied Dwelling Units: 183 Directional Distribution: 61 % entering, 39% exiting Trip Generation per Occupied Dwelling Unit Average Rate Range of Rates . Standard Deviation 0.06 0.06 0.06 . Data Plot and Equation Caution - Use Carefully - Small Sample Size 18 17 16 15 14 Ul "C c; w 13 a. 'C I- 12 <II :!:l .s::; ~ 11 <II 01 10 e Q) ~ 9 II l- e 7 6 5 4 0 ....;, . , '. , "',. , , ;- , , . , , ,- , .~ y .'. , ,'- ~ ;,~ / , , ,.,.., ".". , ,,' . , .)< y , "" . ,~'. '. , , , ..,>/' " , , , , <,/ , , , , ,,( ," :;/ ,. ,. ," , , , x.,'. " 100 I'"^-'---"---~ 200 300 x = Number of Occupied Dwelling Units X Aotual Data Points ------ Average Rate Fitted Curve Equation: Not given R2 = .... Trip Generation, 6th Edition 458 Institute of Transportation Engineers Congregate Care Facility (252) Average Vehicle Trip Ends vs: Occupied Dwelling Units On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. Number of Studies: 2 Avg. Num. of Occupied Dwelling Units: 183 Directional Distribution: 56% entering, 44% exiting Trip Generation per Occupied Dwelling Unit Average Rate Range of Rates 0.17 0.16 0.21 Standard Deviation . Data Plot and Equation Caution - Use Carefully - Small Sample Size 50 40 III "C C W a. j:: CD U :2 ~ 30 <II 01 l!! Cl) ~ II I- 20 , , , ,,' x " ",,' , , , " , ;'" . / , , , , ," :,' ,~ , . " . " , ';..... . , , ,/ , , , "" / /,/' . , . / . , , :,... ..." x ,. " . , " , 10 o 100 200 300 x = Number of Occupied Dwelling Units X Actual Data Points --.,.--- Average Rate Fitted Curve Equation: Not given R2 = .... Trip Generation, 6th Edition 459 Institute of Transportation Engineers Congregate Care Facility , (252) Average Vehicle Trip Ends vs: Occupied Dwelling Units On a: Weekday, A.M. Peak Hour of Generator Number of Studies: 2 Avg. Num. of Occupied Dwelling Units: 183 Directional Distribution: 50% entering, 50% exiting Trip Generation per Occupied Dwelling Unit Average Rate Range of Rates r-~''''- 0.15 Standard Deviation -- 0.13 0.16 . Data Plot and Equation Caution - Use Carefully. Small Sample SIze 50 x 40 en "C r:: W a. '0:; I- Q) '0 :2 ~ 30 <II 01 ~ ~ <( II I- 20 , , , , , ". ,. , , , , , , , , ",,'''J . ,.."I' .' ,r- ., ,,,' . , , , , , , , , , ,/ , , ;" . , , , ,,"I' . , ...~.... /" ,- ,'- 10 )( I 100 I 200 300 o X Actual Data Points x = Number of Occupied Dwelling Units - - - - -. Average Rate Fitted Curve Equation: Not given R2 = .... Trip Generation, 6th Edition 460 Institute of Transportation Engineers Cdngregate Care Facility (252) Average Vehicle Trip Ends vs: Occupied Dwelling Units On a: Weekday, P.M. Peak Hour of Generator Number of Studies: 2 Avg. Num. of Occupied Dwelling Unlts: 183 Directional Distribution: 60% entering, 40% exiting j Trip Generation per Occupied Dwelling Unit I.... Average Rate Range of Rates 0.21 0.21 0.21 Standard Deviation .Data Plot and Equation C8~tion - Use Carefully - Small Sample Size 70 60 x "",.,,",.,.., , '///;" ., ,./~' ,//// . ..,: ,/ . , .' ,./!/,,- ,//// ,/.,/~ x' . ;""< II) "C SO C UJ a. .;:: l- ll) 1) :E <lJ 40 > Q) t7l ~ ~ II 30 I- 20 10 o I 100 I 200 -, x = Number of Occupied Dwelling Units X Actual Data Points - - - .. -. Averaga Rate Fitted Curve Equation: Not given R2 = .... 300 Trip Generation, 6th Edition 461 Inslitute of Transportation Engineers Department of Planning, Building and Development R 0 AN 0 K E Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, SW. Roanoke, Virginia 24011 Phone: (540) 853-1730 Fax: (540) 853-1230 Date: IAU9 27, 2010 Submittal Number: IOriginal Application [8] Rezoning, Not Otherwise Listed o Rezoning, Conditional o Rezoning to Planned Unit Development o Establishment of Comprehensive Sign Overlay District - o Amendment of Proffered Conditions o Amendment of Planned Unit Development Plan o Amendment of Comprehensive Sign Overlay District Address: 3008 & 3016 Williamson Road, N.W. & 2728 Chatham Street & Vacant Lot to West Official Tax No(s).: 12070402 through 2070404 and 2070414 Existing Base Zoning: . IRMF R 'd f I M If fa "I (If multiple zones, please manually enter all districts.) . eSI en la u I ml Y Ordinance No(s). for Existing Conditions (If applicable): 1 Requested Zoning: ICG, Commercial-General I Proposed Land Use: Retail, Financial Institution, and Retail-Large Appliance I 0 With Conditions [8] Without Conditions Name: 10 & 5 Development I Phone Number: E-Mail: I + 1 (540) 387-3700 I I 1 Phone Number: I E-Mail: I I I Name: Address: Applicanfs Signature: Address:, \816 Boulevard, Salem, VA 24153 -;'~&~. .' ,. . Authorized A ent'sSignature: . Phone Number. I +1 (540) 387-1153 I 01 E-Mail: .Ipbrown@parkerdg.com I Name: Parker Design Group - Attention Paul Brown 500' 250' 0' 500' ~ I GRAPHIC SCALE 1000' I 1" = 500' JC'a ~~d'J- . ~< -f~ 4t(,~ VICINITY MAP FOR REZONING REQUEST OF TAX MAP NOS. 2070402 THRU 2070404 & 2070414 ... 816 Boulevard _ Salem. ~irginia 24153 . ark e r Phone. 540-387-1153 .. P Fax: 540-389-5767 DESIGN GROUP, INC. www.parkerdg.com ENGINEERS · SURVEYORS · PlANNERS · LANDSCAPE ARCHITECTS SHEET 1 OF 1 SCALE: 1"- 500' DATE: 23 AUGUST 2010 W.O' 09-0040-03 Rezoning Application D & S Development, LLC Tax Nos. 2070402-2070404, 2070414 Legal Description for Tax Nos. 2070402, 2070403, 2070404, and 2070414 Requesting a Rezoning from RMF (Residential Multifamily) with Special Exception Use to CG (Commercial General) BEGINNING at a point, said point being the northeast corner of the property, said corner being the intersection of the western right of way of Williamson Road, N.W. and the southern right of way of Lyndhurst Street, N.W., and identified as corner #1 on a plat recorded in M.B. I, PG. 2648, thence with the western right of way of Williamson Road, N.W., S. 38031'46" E., 255.87 feet to a point on the northern right of way of Chatham Street, N.W.. thence with the northern right of way of Chatham Street, N.W., S. 41029'14" W., 239.79 feet, thence leaving the right of way of Chatham Street, N.W. and with the line of Gary L & Unda C. Donaldson, N. 48030;46" W., 116.50 feet to a Y2-inch pipe, being a common corner with Roberta L. Johnson, thence with the lines of Johnson, N. 41029'14" E., 54.99 feet to a I-inch. pipe, thence N. 460 18'46" W., 135.60 feet to the southern right of way of Lyndhurst Street, N.W., thence along the right of way, N. 41029'14" E., 223.95 feet to the place of BEGINNING containing 1.336 Acres. The property described above is the same property identified in M.B. I Page 2648. Special Attention Note: The bearings in this description are based on the State Plane Coordinate System, Virginia South Zone, US Feet, whereas the bearings shown in M.B. I, Page 2648 are based on a previously recorded plat. The bearing differential between the plat and the state plane coordinate system is 00 30' 46" to the southeast. The interior angle representation, distances, and location of the property are identical to that shown in the recorded plat. August 25, 20 I 0 Page 4 of 40 Rezoning Application D & S Development, llC Tax Nos. 2070402-2070404. 2070414 List of Adjacent Property Owners .. 3101006 Adjoiners Across Williamson Road, N.W. 3103 Williamson Rd, NE 3101007 3100924 3100923 3100922 Curtis E. & Ellen Fuller Paul & Medeline G. Sandum 3005 Williamson Rei. NE Southland Corporation 2933 Williamson Rei. NE TC Squared Real Estate, LLC 2925 Williamson Rei. NE Adjoiners Across Chatham Street, N. W. TC Squared Real Estate, LLC 2917 Williamson Rd, NE 2070705 2070707 Tailings, LLC 2914 Williamson Rd, NW Judith M. Reineke Vacant Lot 2070405 Adjoiners Touching Subject Property Gary L. & Linda C. Donaldson 2718 Chatham Street, NW 2070413 Roberta L. Johnson 2723 Lyndhurst Street, NW 2070412 Non Adjoiner In Close Proximity NIP Margaret Irene Call 2715 Lyndhurst Street, NW 2070133 Adjoiners Across Lyndhurst Street, N. W. 2708 Lyndhurst Street, NW 2070144 2070142 2070141 Patricia Large Scott Enes Suhopoljac 2712 Lyndhurst Street, NW Jeffrey T. Bowles, Et Als. Vacant Lot Jeffrey T. Bowles, Et Als. 3102 Williamson Rd, NW (1 1942 Brandon Avenue, SW Roanoke, VA 24015 1332 Waldheim Road Salem, VA 24153 P.O. Box 711 Dallas, TX 75221 1001 W. Main Street Salem, VA 24153 1001 W. Main Street Salem, VA 24153 3221 Fleming Avenue Roanoke, VA 24012 2711 Chatham Street, N.W. Roanoke, VA 24012 2718 Chatham Street, NW Roanoke, VA 24012 2723 Lyndhurst Street, NW Roanoke, VA 24012 P.O. Box 8224 Roanoke, VA .24014 2708 Lyndhurst Street,NW Roanoke, V A 24012 2712 Lyndhurst Street, NW Roanoke, VA 24012 P.O. Box 121 Fincastle, VA 24090 P.O. Box 121 Fincastle, VA 24090 August 25, 20 I 0 Page 5 of 40 Rezoning Application D & S Development, LLC Tax Nos. 2070402-2070404, 2070414 Narrative D & S Development, LLC has recently cleared the subject properties of existing buildings and pavement under an approved demolition plan. The Owner now plans to develop a facility that will provide multiple uses including but not limited to: . 9,000 square foot retail area, . 2,000 square foot financial institution, and a . 4,000 square foot large appliance retail area. The desired uses are Iiot allowed under the current zoning of RMF. The previous uses of the properties were commercial in nature (Whitehall Manor, also known as Southern Manor, & Commercial Distributors, Inc) and the existing uses were only allowed under a special exception use, allowed in October 1980. The property size and characteristics does not allow a rezoning to Commercial Neighborhood. The adjoining properties to the North, East, and South are currently zoned Commercial General. The subject properties are the only properties located along Williamson Road that is not currently zoned commercial or industrial for a distance exceeding 5,800 feet to the north or a distance exceeding 9,000 feet to the south. The Master Site Plan illustrates the approximate 15,000 square foot building and proposed parking. The entire development contains 1.336 acres, once the individual parcels have been combined. During the combination process, additional right of way will most likely be dedicated to accommodate the placement of curb and sidewalk along Williamson Road, N.W. and Lyndhurst Street, N.W. An area of 1,293 square feet is anticipated to be dedicated as right of way. With the construction of the proposed building, an existing sanitary sewer line will be relocated and the new easement will be provided., The proposed building is placed along Lyndhurst Street, N.W. with sidewalk improvements and pedestrian access in accordance with the regulations. A second pedestrian access path is designed from the crosswalk at Fugate Road, N.W. to the building. Please note this concept provides the most direct path for pedestrian use. The distance traveled from the cross walk at Fugate Road is 80 feet. Should the building be placed closer to Williamson Road, the actual entrances to the building will be located on the side or rear of the building and the path for pedestrians to access the building would result in a longer distance. \. The development is to utilize one existing entrance off Williamson Road, N.W.. This entrance will be the entrance for tractor trailer use. New entrances off Lyndhurst Street and Chatham Street are also planned. Other existing entrances will be reconstructed to typical sidewalk. The development will provide the required buffer along the western property line, in which the properties are zoned RM-I. The buffer will be Type D, Option 1 which includes a screen fence and evergreen trees. The development includes a use in which maximum parking does not apply; however, the parking requirements have been followed to insure that minimum parking is met and the number of spaces do not exceed a number of spaces that are generally required for a development of this nature. A separate space for loading and unloading is provided on the western side of the building. August 25, 20 I 0 Page 6 of 40 Rezoning Application D & S Development, LLC Tax Nos. 2070402-2070404. 2070414 Summary of Conformance to Design Guidelines The Williamson Road Area Plan (WRAP). adopted October 18. 2004. provides direction in the development of this concept plan. Under the section "Adapting Commercial Land Use Policies", "small-scale retail, service, and office uses" should be utilized to transition to a mixture of less intensive commercial types. The development conforms to the WRAP recommendations in the following manner: I . locate new buildincs toward the front of the site. so that objectionable activity is physically moved away from residences. The proposed plan positions the building in close proximity to lyndhurst Street, keeps vehicle traffic away from residential uses, and provides the most direct route for pedestrians along Williamson Road. Two pedestrian paths are provided. from lyndhurst Street and Williamson Road. The development minimizes the distance traveled from Williamson Road and insures that the visible front from Williamson Road will be the primary entrance. . Buffering and screening-physical separation with green space. fencing. and vegetation--5hould be used to complemenq~ood site and building desil". The required buffering and screening is provided along with the inclusion of a loading and unloading . area adjacent to the residential buffer to serve as an additional buffer from the building. . The placement of street trees and streetseape. This plan incorporates the use of street trees and the building is positioned to maximize the placement of trees along Williamson Road. . Stresses the use of street side parking along Williamson Road, including "Parking is recognized as a necessity. but must not be allowed to dominate any development. Since this development involves two side streets. the close representation of this development pattern is recreated to some extend. Parking is adjacent to the building front but is limited in number of spaces, and a majority of the parking spaces are placed to the southern side of the building. . Stormwater Management. The development will keep the runoff rates to the existing conditions. as will be required during the review of the Comprehensive Site Plan. In addition, Stormwater Quality will be addressed to meet state and local standards. Grassed swales and Manufactured BMPs will be included in the development to meet the requirements. . Break large building fronts up into smaller modules. The proposed uses have specific architectural designs. distinct to the proposed uses. The presence of three uses will assist in dividing the building. . Limit the number of parking spaces. The final design may incorporate pervious pavers for a portion of the parking spaces. At this time. all parking is shown as pavement. . Share parking and maneuvering lanes. Shared access lanes are provided where possible. The tractor trailer access is also a controlling feature within this design. . Put trees within and around parking areas. Three interior islands have been created within this concept. More of an emphasis is placed on providing street trees where possible and providing adequate space for tree growth. . Avoid fencing the front. No fencing is provided along any street. The required screening along the western limits is included for screening purposes. . Control vehicular access. This development is relocating several curb cuts along Chatham, lyndhurst, and Williamson Road and resulting in fewer curb cuts. The development is relocating an existing entrance at the interse,ction of lyndhurst and Williamson. August 25. 20 I 0 Page 7 of 40 /' Rezoning Application D & S Development, LLC Tax Nos. 2070402-2070404, 2070414 Other recommended guidelines: The property is within the Neighborhood Design Overlay District; however, the property request is for a commercial rezoning. The Neighborhood Design Overlay does not provide much support for a commercial use. The Street Design Guidelines provide some general direction on improvements adjacent to lyndhurst Street, Chatham Street, and Williamson Road. The general guidelines implemented include: . Pedestrian accommodation in the form of sidewalks or shared-use pathways should be provided along all arterial streets and all collector streets. . local commercial centers are intended to serve multiple neighborhoods but generally do not draw customers from a citywide or regional base. These centers are typically located along arterial or collector streets and are characterized by large sites, liom development. deep setbacks. and large'expanses of parking. Uses often include grocery stores, restaurants, and small retail shops. . local commercial corridors are intended to serve as retail strips for customers throughout the City and are generally located on arterial streets. They are characterized by linear development on wide streets with frequent curb cuts but without bicycle lanes or pedestrian traffic access. Land uses often consist of a variety of business supportive se~ices such as banks, restaurants, furniture stores, and convenience stores, among others. Conformance to District and Surrounding Areas The properties are currendy zoned RMF; however, two of the properties have been utilized as a commercial use under the name of Whitehall Manor, sometimes known as Southern Manorand Commercial Distributors, Inc. A third property on Chatham Street is designated as a CommerciaVlndustrial use. The properties have recently been cleared of existing building and pavement. The properties immediately'to the North, East, and South of the subject properties are zoned CG and include uses such as: . Fabric Store . Vehicle Repair Shop . Car Wash . 7-Eleven . ,Offices The requested rezoning to Commercial General is necessary to allow the uses identified. The land configuration does not allow the land to be zoned to Commercial Neighborhood, and rezoning to Commercial Large Size does not fit the recommended development described in the WRAP. Impact to Surrounding Areas The impacts that the proposed development will have on the surrounding area should be minimal and not have an undue adverse impact. The properties were currently being used as commercial uses. The existing buildings were in closer proximity to the western property line, with no buffer identified. The proposed development provides for screening and buffer. Street Trees are included to provide the aesthetics desired in the WRAP. August 25, 20 I 0 Page 8 of 40 Rezoning Application D & S Development, LLC Tax Nos. 2070402-2070404, 2070414 Water Demands: The subject properties currently have five (5) water meters, each capable of 20 gpm, totaling 100 gpm. The proposed development will require one two-inch meter, with an estimated peak of 60 gpm. The proposed development will include a fire hydrant on the west side of Williamson Road, an item that is greatly needed as well as the building being protected by a fire suppression system. Sanitary Sewer Demands: The proposed development will relocate the existing sanitary sewer system. As the water demand is decreased, the sanitary sewer demand will also be decreased. Storm Sewer Discharge: Based on the concept shown, the development will discharge to existing structures located along Lyndhurst Street and Chatham Street. The peak discharge rate will be at existing levels or lower. The site will address stormwater runoff quality per the State and Local requirements. The pollutant (phosphorous) level will be decreased as required. In general the proposed development will not adversely impact the public health, safety, or general welfare of the surrounding areas. ' Minor revision between site plan and narrative. In order to accommodate tractor trailer access around the entire rear of the building. a small area (I Tx 17' triangular piece) has been removed from the building. The building square footage has been reduced from 15.000 SF to 14,855 SF. The .application and the narrative refer to 15,000 SF in several locations. The traffic analysis is based on 15,000 SF. August 25. 20 I 0 Page 9 of 40 '~. !1l!,iiiflflll~lllj I ~=~=~:.nbeH, ell:>" 'IuewdoleAea S 9 a I :. I Mil JOj U81d Jde:>>uo:> peSOdoJd I . ! I I I I I I II II I il. .., I i 1! '. i! II i'l Ii iijllI r Iii j i ! I, !! I.. I II III Ii ! 'fl II!,I ll'iilj .. Jr'j1fll I Ii!! II I f' ill III,,! jl If! ji il!!l 11111,1 11!II!i! _ ItI.1 I. ii!! ~ ! Ii !,~ III i!1 II it! Ii }ii" 1~lc 9!111'1'1=11 ~ I lil';J'~fll J} IJ' _~II!I. I 'I' 1,11 jiii I'tt 'J~ ,ii; ','Ii lil I 11!.III"~!li,,lil ~!! ! J gj i ~. ! i II I II I! ~n ni 4' n .~~J ~m~llllf I . I~ ~ql~ Ili; ~!..h.l ~";i ~i. , L ~~ ~i 5 !l'H Ii' d~ .' ~~. h t~ is@ liiH b.~H 8~gA " c tiou l ~ ~ i ~li.a ~ H~ I ~" ~f ~! .; s~ i ~~ / 11 ~'e S iiw I ..' = ~ a iff l~ ~SK.; ,~& ~~: ~~!i:i.:.JjO~ ..... 1''''~...,.i1. . "Co. ,.,. C . ~ ..:; .~; ~ ~. H SH1 ~e ~! ~6NL ~~: e"'~ t~~~ a~~ !,;.Iel." ~~~. i~~ ll~~ w~: ~~ I:! , ~~ ! it;! ii h ~ ~~~ !lil;;; ;: ;! ~ f ~ i! I [ I ! I ~ I i'l: ,3 i I, I; ::.~ ~ h 81fili ~; r! H I! ~ ~I!l e~n b5i~8~l! I!i Ii ill~ ;iij~~1 i R~ 2i~ ilg~ ~~ ~I' nil~ u lil~ ti~Cl~ . 1~"3~ .. !!~~!9 .. ~!Slil~ i ill=; ! ~~dl I iUh i ~ ; ~!> ~S' .n Suo( ~!i R~ :1 I"' b~!I~8i; ~.ilfl n~i I~ ~it at iw .~ ;~ d ; ~. t ~ ' ~m.: fI t. e lli~; ~ ~~ ~ l!J=too:: ~m I iii '0 i~ ~III ~;~ li~i li~ I ~~ , I ---E~ . ~ 'j a~\ ~ ~ w .\' ~i~h Ii ~ I ~~~lij,g . ~iil fi~i ~~ I ~ I f 18 .. \ ~~" ~ I +~Z I ',~ ",>II.~.. '~~ ~ il ~ ~ll b .!~ ~ v. ;. I ("r., \ ~ ii~ ~;a ~., 1= .;~ "i IE ~" ,; z ." :;ji ~" eVl~ ~~~ \ . gi bs~L ~ ~I~d~ ~i:~~: I. "I" , .6 ~RA. e5: m~ tit: ~a.~ ~Iq.. i~ f~. ~~ ~:; si Hi' . ~ :t ~g , . Rezoning Application D, & S Development, lLC Tax Nos. 2070402-2070404,2070414 Traffic: Prior to demolition, the site had five buildings totaling 17,130 square feet of building. The buildings were being used as a rehabilitation center, with multiple bedrooms and associated uses. The dining facility was also providing meals for those not located on the premises. The trip generation for the existing condition is shown attached to this document. The proposed development provides a variety of uses. The trip generation of each use is evaluated and then conservatively added together, even though the' peak hour of a financial institution may not be the peak hour for the retail uses. The end result shows an increase of approximately 608 trips per day and an increase of approximately 79 trips per peak hour. These values are less than the minimum values that would require a VDOT 527 traffic study. The 2009 VDOT Traffic information reports approximately 16,000 vehicles per day along Williamson Road, between Liberty Road and I ()th Street. Traffic impacts are determined by the amount of traffic generated by a land use. Average trip generation rates are determined from studies published in the ITE Trip Generation Manual and calculations are performed to determine total trips generated by the development. From a traffic standpoint, the uses are further described in a certain manner: Retail: 9,OOOSF - Use 815 Free-Standing Discount Store Financial Institution: 2,OOOSF - Closest use is Use 911 Walk-in Bank Retail Large Appliance: 4.oo0SF - Rent to Own - Use 890 Furniture Store Total: 15,OOOSF Considering the uses of the development, it is practical to split the principal building square footage into separate ITE Land Use definitions. The ITE Trip Generation Manual defines each use. The closest uses were provided for the evaluation. Each use is evaluated on a daily use as well as a peak hour use in the morning, evening, Saturday, and Sunday. The peak hour trip for each use is then added together to find the maximum daily trip and peak hour trip. Please reference the detailed table in the appendix to better interpolate the results and the assumptions utilized. Proposed Trip Generation Results Time Calculated Trips Unit Weekday 6n Per day Saturday 649 Per day Sunday, 496 Per day Weekday Peak Hour Generator AM 84 Per Hour Weekday Peak Hour Generator PM 85 Per Hour Saturday Peak Hour 74 Per Hour Sunday Peak Hour 68 Per Hour Regardless of existing use, the proposed use does not warrant a VDOT 527 Traffic study. The study information for the existing use contained only two studies. Neither study included the small number of units occupied, similar to the existing site. August 25. 2010 Page II of 40 ~ 'C C ~ t- o :Ii e ~ S ~ ~ lls o ~ 6 S ~ ; .. u i 11! j · .!ll Cl 0 ~ '" :: t- ~ :::l if N 1 m U') "'r! ~ ! i IS 51 lil N III I ~ J f'lllllll N ~ ~ ~~ f~Ill~N~ ~~ h .. c_~ ~... ! ~ I e I Ii ! ~ % l ! ... t o I i o I.... IS ! rZ j IS.... ~ i ;;:~ i f'l .... m S ;c ~ f~ .... g ~1( &-- I ~ NN ~ i '" J!! 1! c jj ::> '" i &-~ jlli ~h~ .f it" . ':: I~ ~ il ii: ~:, % .... .:;:':::" 1.~\D I~ i &-- is: l!~~ 1...1 -!l I ~ ilil ~ III j ! I ! ii .511 -!Ill 'q i11 '8 . Ii 11 II !~ f El ~I ii ~ 0 I'l c III ;1 .. :0 ~g ii II %% ...... 1]: r! ..1....,...:............ . !::(" ;'''i ~ .. I ~ll ~J :g I . Ii ~~ I f~ ~~ f Ii JI~dl~: ~ ~ _ " '8 /l 'c !.l i ~ f f l !!~s oil'l ii~Jir~ iil1i!1 Dl"'-!!~lilili II:!))) :l:ldltljjj : ~~~~1!' I! l\I ll! ~ (! .(! l!! .., -:i -:i'" iJl iJl u :......%.~% .5 ~~f-,.:- ~ ~ D.. 'C t- ~ Land Use: 815 Free-Standing Discount Store Description The discount stores in this category are free-standing stores with off~street parking. They usually offer a variety of customer services, centralized cashiering, and a wide range of products. They typically maintain long store hours seven days a week. The stores included in this data are often the only ones on the site, but they can also be found in mutual operation with a related or unrelated garden center or service station. Free-standing discount stores are also sometimes found as separate parcels within a retail complex with their own dedicated parking. Free-standing discount superstore (land use 813) is a related use. Additional Data Truck trips accounted for approximately 2 percent of the weekday traffic at one of the surveyed sites. Vehicle occupancy was 1.46 persons per automobile at one of the surveyed sites. Peak hours of the generator- The weekday peak hour varied between 10:00 A.M. and 4:00 P.M. The weekend peak hour varied between 11:00 A.M. and 2:00 P.M. The sites were surveyed from the 1970s to the mid-1990s throughout the United States. Source Numbers 87,113,124,245,305,340,353,358,376,386,417 Trip Generation, 6th Edition 1233 Institute of Transportation Engineers Free-Standing Discount Store (815) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Weekday . Number of Studies: 20 Average 1000 Sq. Feet GFA: 107 Directional Distribution: 50% enteriflg,'50% exiting Trip Generation per 1000 Sq. Feet Gross Floor ,Area Average Rate Range of Aates 56.63 25.53 - t06.88 Standard Deviation 20.12 Data Plot andEquatlon 15,000 14,000 13,000 12,000 11.000 ~ c: W 10,000 Co -c .... 9,000 Q) U :c ~ 8,000 Q) Cl 7,000 ! ~ 6,000 II I- 5,000 4,000 3,000 2,000 1,000 -so . , , '. 8 .. .. .. .. _ .. .. '. .. .. .. .. .. .. .. .o'.. .. .. .. .. .. .. .... 0' .. .. .. .. .. .. .. .. ~ .. .. .. .. .. .. .. .. '" ,. .. .. .. .. .. ...... to .. .. .. .. .. .. .. ,,'.. '. I... _0' ~ .. .. .. .. .. .. .. ~ .. .. .. .. . . . . . . .. . ""'" ','" -'... .;........ ','" - -"'.. -""" ~. '.' -. ',' ',," " 0 - ';"""" -,' - -" -" .. .. .......... ............ .... .. ...... .... ........ oil.................. -.. .......... .......... .... .....h.... .. ........ .'. H..,,, ........................ . . . . I . . . ,. . . . .. . .;. . . - . . . - .:. . . . . . . . .:. . . - . . . . i . . .. . . . . ;. - . .. . __ .:. . _ . _ . __ .:. __ .~ _ . . .: . , " , . ....... I ............ - .0................ -0"................_............................. ",............. ..................... "0-" ............................ . . . ., . " . . '. I ., . .. .. .. .. . .. ". -:- .. .. .. .. .. .. .. .:. .. .. .. .. - .. .. .:.. .. .. .. ....,.,. .. : ..... . ~ .,~ . - ~ . -.. - ~ . -...:- .. .. ~ .. ~ ~ .. .:.:- - - . - ~ . .. ~.. .. . ~ ~ . . .. . - . . . . . .;. . . . . . . . -:. . . . . . . . .:. . . . . . . -'; . - - . . . . .:. . . . . ... . .:. . . . . - . - .;.:~. - . . - :. . - . . . ' .." . . ... ... .:.. '" " . .:-.... -. . ~.. . - -. -.: -. - .... . ~... - - . - .:-... .x.~~::. . . . . - . . .;. . . . . - . - .~. . . . - . - . .~ - . - . . . . - ; . . . . . . . .; . .:.:~_..-:-:~---.-.---.xx ,~. . . . - . . ..~. . . . . . . . . , . , _..- , 'x' -x , - x ' . . - . . . . .:. . . . . - - x~. - . . - - '~j;_';;------~~:-' - . . .. ~....... .~. . . . . . . .;~. . . . x . . .: - . . . .- . . - . . . . . .;- - . . . :.:.~~_..<::~ . : - " " ..:......- ~ . . . . - . . .;. , . . . . . ..:.. . . . . . . :. . . -- . - ....----... . -" .-.. .-.:-. -..... .'. .. -" .:.. -. -. -.;... .~...;.. -... . -:........ ':.... - -" -: -... C'.". . ". x . I " ' , . , , , , ~ ~." " ~ .. . . .. . ",. . . - . . . , -. . ~ . ~ ~ . .. .. , .. . . . " . .. - r . . . .. . - . . ,. " - . .. .. .. . _,. . . . .. .. . a ~ . _ _ _ _ . _ . 60 70 80 90 100 140 110 .120 130 x = 1000 Sq. Feet Gross Floor Area FItted Curve X Actual Data Points ------Average Rate Rtted Curve Equation: Ln(T).. 1.654 Ln(X) + 0.911 ,1iJI... 0.68 Trip Generation, 6th Edition 1234 Institute Of Transportation Eqginaers Free-Standing Discount Store (815) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. Number of Studies: 3 Average 1000 Sq. Feet GFA: 109 Directional Distribution: 66% entering, 34% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates 0.99 0.51 1.34 Standard Deviation 1.05 Data Plot and Equation Caution. Use Carefully. Small Sample Size 160 x 150 . " . .,. . 140 " . ..'. . . , 130 .' . . -Yo ~ ", .. .g " x c: 120 - ~.. . . w c.. ,,- --- ~ ,-- 110 " - - ._._:..~~".._...:":"':- - CD --- :Q --- --- --- --- .s::. ~~~~:~;~~J-~~~~~ CD 100- . > CD --- Cl e 90 - . . CD ~ II 80 ". I- 70 - - '.' 60 . ,. 50 "X - . .,. 40 I I 90 100 110 120 X = 1000 Sq. Feet Gross Floor Area x Actual Data Points ------ Ave...ge Rate Fitted Curve Equation: Not given R2 = - Trrip'Generation, 6th' Edition 1235 Institute of Transportation Engineers Free-Standing Discount Store (815) Average Vehicle Trip Ends vs:1 000 Sq. Feet Gross Floor Area On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. Number of Studies: 25 Average 1000 Sq. Feet GFA: 111 Directional Distribution: 50% entering, 50% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates , 4.24 2.48 - 5.91 Standard Deviation 2.23 Data Plot and Equation 700 x : x . , , , - , , ; . , , , . , .:, . ' , , , ,:. ' , . , ' .:, , . , , . ,~ . , , . ' , ; , - . , , . ; . . . , . . .:, . . . , ~:, , , , , ?<. ~ , , , 600 . . . . . , . . x: . x : 1IJ "C C W a. -c I- <D U :c ~ <D Cl l!! ~ II I- . . . . . . . . . . X. <i/! f : : : : : x":x : : :...~..."" x : 500 ......:.........."., ,'. ,,'.' .... . .. .,..... . .. ,.,. ." ,,' .,., ':' .. '">5/<' ,. , .'...'.''- . " .,' "",,~ : . . . . . ~,,':-' . . . x. 400 ".,. -, ' ,. '" '."" . . '.' ...,. '.' . .... . r ~,",~~~~>'/" ;""" -.' , 'x" ':" . 'x'" " ' . " ,~ ;,.... . . " . , , . ..." . . . . . 300 - - - - - - ~... - -. -:-. - - - - -:" - -. "",:,-"-:." - ":-... -..:. - -. - - ":-.. -".' ":" -.. x".-;-" - - -,-:-" ~ ." ... .,,//<'~/'/ .:., ,., ,:',., ..: '., x, ...", ..." ..:"" ,:".,., ...... " ,". " "'....' . x 100 30 40 50 60 70 90 100 80 110 120 130 140 x = 1000 Sq. Feet Gross Floor Area X Actual Data Points FItted Curve ------ AverageRate Fitted Curve Equation: Ln(T) = 1.139 Ln(X) + 0.764 R2 = 0.65 Trip Generation, 6th Edition 1236 Institute of Transportation Engineers Free-Standing Discount Store (815) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Weekday, A.M. Peak Hour of Generator Number of Studies: 8 Average 1000 Sq. Feet GFA: 90 Directional Distribution: 50% entering, 50% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area, Average Rate Range of Rates 5.82 3.53 - 9.05 Standard Deviation 3.04 Data Plot and Equation 1.100 / 1,000 . . . . x .. .. ~ .. ~ - - - .. .. . - - .. - - - . .. . .. -... .. .. .. .. .. - - - .. - .. .. .. - .. .. .. . .. .. .. . .. .. .. .. .. .. . .. .. .. .' - - .. .. .. .. .. .. .. .. "'. .. .. .. .. - .. - - .. .. . . . . . . . ,I I . I 900 ... . .. 0 0 . 0 ~ 0 . 0 . . " . . . . ":-- " 0 - 0 __ - . 0:_ ., ." ',' , ~.......... -:.. .. - . - - . . .:- ~ c W c- 'c I- Q) U :E ~ & III ... Q) ~ II I- 800 00. - 0 0 0 - 0 0 ~ - . 0000 _.0. -:_ 0 _.. .. 0 . . .:. . . _. 0 0 . 0 _.: 0 0 _. - o. - - - .:- - -. - ... 0 0 0:- -. - . .. . 0 .0 ! : . . . . . , ". .. .. .. .. .. .. .. .. .. - - - .. .. .. .. .. .. .. .. . ... ~ _0_" .. .. _ _ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. - - .. .. .. .. - - - .. .. .. .. .. .. - - .. .. . .. - - .. , . . . . ' 700 ,:-. .. ._"~--::.."'_:"- ........:-... - -...... -.. ", . ,_,_" X I . .. _.......~- . ,x 500 000 _... 0 o' '00....... 0 _.' 0 0 - - _. 0 0' ... _. - :.;..~,. . - - 0 o. - 0.0. '." . 0 o. .0 - - 00.00... .000 0 . . ' . . . 600 ..." 00" " - . , 0 - . 0 . . . . . 0 ':0 Ox 0 0 0 0 - . - ... . . 0 0 0 . . 0 . . ; X' . :...-,,*' . . . . 400 000..0 - 0 0 0: - ',o,~o_~>;'_"':'" o. . .. - 0 ~. o. 0... - - -: 0 0... -x- -. ':" 0 0..0... ';- -. 0.000.0_ . . . . . . 300 .. . 0 " 0 . . ~ - . . . . . 0 0 - 0 .: 0 0 . 0 . 0 0 0 . , - _ . 0 0 - - . 0 . . . . . 0 - - 0 . . . 0 . -:. . . - . . 0 0 . . .:. 0 . 0 0 0 . . - . - 200 ..00 x 0.' . : 00. - - .. _..0:0.0 - - 0 . . . . . ~. . . . - 0" . 0:.00. . 0 . . . - 0:- 0 . . 0 0..0 0 o~ 0 . ... -.. 100 50 60 70 80 90 100 110 120 X Actual Data Points x = 1000 Sq. Feet Gross Floor Area fitted CUrve -- -- - - Average Rata FItted Curve Equation: Ln(T} = 1.169 Ln(X) + 0.950 R2 = 0.50 Trip Generation, 6th Edition 1237 Institute of Transportation Engineers Free';;Standing Discount 'Store (815) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Weekday, P.M. Peak Hour of Generator Number of Studies: 19 Average 1000 Sq. Feet GFA: 105 Directional Distribution: 50% entering, 50% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates 5.51 3.17 - 9.44 Standard Deviation 2.83 Data Plot and Equation 1.100 x 1,000 . . ~.. . . . . . . . . ",' .. . .. .. . . .. . .... .. . . " . .. . .. , .. . .. 900 ,., . . , - - ...... -................ -..... - - -. . . . fI) " c: W Q. 'c I- lD :g .c Q) > lD CD III ... CD ~ II I- 800 . , '" . , . , ......... - -....... - -.. -... -. -............. - -................. . , . . - . _........' ,...,-'" ,-"' 400 . , - , - - . , -:- . , , , , . , , <:;.,..,-:-:'.'. - -:- - . . - . ., '. ...;........, -,- --~- -. ,-- -- - ':-- -.' ,,- - ;., ,--_.', . .......... _....~.... t .. , 300 ,... <"~:., '. . - - - - -.. ,', - - - - - - -' ,.,. -,. -... -...., .x' ., -'- - -, -, - - - -' -- x. , . . . . 200 50 110 120 130 100 80 90 60 70 x = 1000 Sq. Feet Gross ,Roor Area X Actual Data Points __u__ Avsrage Rate Fitted Curve Equation: Not given R2=- Trip Generation, 6th Edition 1238 Institute of Transportation Engineers Free-Standing Discount Store (815) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Saturday Number of Studies: 18 Average 1000 Sq. Feet GFA: 104 Directional Distribution: 50% entering, 50% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates 72.03 45.42 - 92.59 Standard Deviation 15.91 Data Plot and Equation 11,000 x x 10,000 ...-.. . . . .. .. .. .. 10 . .. .. . . , . . ":".. ...... ':" -...".. ":"..""."..":..."...". ~"x'" ... . x. ~: 9,000 en -0 8,000 C W a. 'C I- 11l 7,000 U :c ~ 11l 6,000 01 i!! 11l ~ II 5,000 I- 4,000 3,000 . . . , , I . ...................... --.................................................................................... -........................ . . , . . , . :x I . I , . .' ................................................... -.. - -.. -............................................. , . . . . , . ' . . . . . . . .. - .. .. .. .. .. .. .. .. .. .. .. .. .. . .. - . .. .. .. .. . .. .. . . . .. .. .. .. - - .. .. .. .. .. .. .. . . .. .. .. .. .. - .. .. .. .. .. .. .. ~ . .. .. .. .. .. . .. .. .. .. .. .. .. .. .. .. .. .. .. . , . . . . , x 2,000 50 60 70 80 90 100 110 120 130 X Actual Data Points x = 1000 Sq. Feet Gross Floor Area fitted Curve - - - -- -, Average Rate FItted Curve Equation: Ln(T) = 1.163 Ln{X) + 3.496 R2 = 0.64 Trip Generation, 6th Edition 1239 Institute of Transportation Engineers Free-Standing Discount Store (815) Average Vehicle Trip Ends va: 1000 Sq. Feet Gross Floor Area On a: Saturday, Peak Hour of Generator Number of Studies: 22 Average 1000 Sq. Feet GFA: 115 Directional Distribution: 51% entering, 49% exiting Trip Generation per. 1000 Sq. feet Gross Floor Area Average Rate Range of Rates Standard Deviation 3.10 7.66 5.41 - 10.71 Data Plot and Equation ' 1,300 x 1,200 . . . ~ ,'~ .' .,. ~ .. .. .. .. .. .. .. .. .. . .. . .. .. .... ~........... - .. - .. - - - .. .. - - .. .. .. - .. .. ~ ~ .. ~ . . .' '. 1,100 '" .:~. '.. .. .. - .. .. .. .. .. - - .. .. - - ..... .. .. .. - - .. .. .. - - - .. .. .. .' - .. .. .. .. .. .. - {j c: W Q. ~ Q) U :E Q) > & e Q) ~ II I- x xx: . . . x: x x : . . 1,000 . . .. ".""'" ~ . . . -'. . - . ',- -. . . ...:. . . . . . . . . . x . . . .:. . . .~ . . 0 0 . . . . 0 . ~_-o-.-o-. . 0 . . . , -....... -,-' . _----- x x . --- 900 Ox 0.0... 0.0... ';" o. ....0...... ':' 0 0.00. o;:..;.;.._<'<~~" 0 0 _"'" 0.00:.0..... . . ---- x . -' -- -,'" : 800 .. ......0 - 0.. .:0. 0 .;_o-..-:"~~o 0'0 _:. 0 0..0.0.. - _. 0 0 ';0 0.0...00.... 0 o'~. 0.0 x- 0.... 0..0' f ,....... _-t" -- . 700 .-"'...-.-.-.-.-0 ~~o 0 o~.... 0" .. 0.....0;. 0"0 _.~...... 0 ':0 0 .O~ 0 0 _ _ _ ~_ 0 _. ~ 0.0. _.. 0 x x . . 600 '"X . . o. .0 . . . 0 . -:. . . . . . . 0 0 0 . _ . . 0 -:. . . . _ . . _ _ . . . . . . .: 0 . . . . . 0 _ . 0 0 _ . . 0 ,0 0 . . 0 . . . .0 . _ . . _ . . x 500 90 100 110 120 130 x = 1000 Sq. Feet Gross Floor Area X Actual Data Points ------ Average Rate Fitted Curve Equation: Not given R2 = ..... Trip Generation, 6th Edition 1240 Institute of Transportation Engineers 140 Free-Standing'.'Oiscount Store / (815) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Sunday Number of Studies: 3 Average 1000 Sq. Feet GFA: 109 Directional Distribution: 50% entering, 50% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates 54.90 42.95 - 64.27 Standard Deviation 11.30 Data Plot and Equation Caution - Use CarefUlly - Small Sample Size 8,000 x 7,000 CD "C c: W C. "C I- CD :Q .s::. CD > CD Cl CD ~ CD ~ II I- x -,- ...-,,-- ,,' -,....- ~-' . :,.-......... * 6,000 -- , - ,-' ,- -:,..- -",,- . ...----" - ,,' ,,' -' " " 5.000 x 4,000 90 100 110 120 x = 1000 Sq. Feet Gross Floor Area X Actual Data Points - --- -- Average Rate Fitted Curve Equation: Not given R2=*"*,, Trip Generation, 6th Edition 1241 Institute of TraOsportation Engineers. Free-Standing' Discount Store (815) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Sunday, Peak Hour of Generator Number of Studies: 3 , Average 1000 Sq. Feet GFA: 109 Directional Distribution: 52% entering, 48% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate ' Range of Rates, 7.32 6.01 - 8.61 Standard Deviation 2.90 Data Plot and Equation Caution. Use Carefully. Small Sample Size 1,000 , . 900 ........., - -.-"'. -....... .:... -.. -.. -. .. w w .' :'. .,'. ~ '......~ .:.:.. ~ c w c- 'c I- CD :g .s::. ~ CD 01 e CD > <( II I- 800 - - - . . . . - . . . - . - :. - - . - - - - . . . '."-~ -. . .~ ~- -~ _,--~-- x ~~ -- -"~ . .' . " "'. ^ . _ ;.>" . ,_ . . ,'.< ,~ .~ N _. _ . . . . _ -~- ~- -- , . 600 ',. . . . . .. . .. . .. . .. ... ... ~. . .. . ... ...... .. , ...... . . .:.. . . . . . -. . .. ... ...... _. x 500 90 100 110 120 x = 1000 Sq. Feet Gross Roor Area X Actual Data Polnta - - - - - - Average Rate Fitted Curve Equation: Not given R2=- Trip Generation, 6th Edition 1242 Institute of Transportation Engineers Land Use: 911 Walk-in Bank Description Walk-in banks are generally free-standing buildings with their own parking lots. These banks do not have drive-in windows. Drive-in bank (land use 912) is a related use. These banks mayor may not contain automatic teller machines (A TMs). Additional Data For the limited number of studies where data were provided, the vehicle occupancy ranged from 1.24 to 1.34 persons per automobile on an average weekday. The average auto occupancy was 1.29 persons per automobile. Peak hours of the generator- The weekday and weekend peak hour varied between 11:00 A.M. and 1:00 P.M. , The sites were surveyed from the mid-1970s to the mid-1980s in California. Source Numbers 90,203 Trip Generation, 6th Edition 1650 Institute of Transportation Engineers Land Use: 911 Walk-in Bank Independent Variables With One ObselVati~n The following trip generation data are for independent variables with only one observation. This information is shown in this table only; there are no related plots for these data. Users are cautioned to use these data with care because of the small sample size. Independent Variable Trip Generation ~ Size ot Independent Variable Number ot Studies Directional Distribution EmDlovees Weekdav 44.47 19 1 50% enterina, 50% exitina A.M. Peak Hour of 1.16 19 1 Not Available Adiacent Street Traffic P.M. Peak Hour of ,9.42 19 1 Not Available Adiacent Street Traffic A.M. Peak Hour of 8.74 19 1 Not Available Generator P.M. Peak Hour of 9.42 19 1 Not Available Generator Saturday 3.89 19 1 50% enterinc, 50% exiting , Saturday Peak Hour of 1.37 19 1 Not Available Generator Sunday 2.37 19 1 50% enterina, 50% exiting Sunday Peak Hour of 0.53 19 1 Not Available Generator ..... . 1 000 Square Feet Gross Floor Area Weekdav 156.48 5 1 50% enterina, 50% exiting A.M. Peak Hour of 4.07 5 1 Not Available Adiacent Street Traffic P.M. Peak Hour of 33.15 5 1 Not Available Adiacent Street Traffic Saturdav 13.70 5 1 50% enterina, 50% exitin~ Saturday Peak Hour of 4.81 5 1 Not Available Generator Sunday 8.33 5 1 50% enterina, 50% exiting Sunday Peak Hour of 1.85 5 1 Not Available Generator , Trip Generation, 6th Edition 1651 Institute of Transportation Engineers Land Use: 890 Furniture Store Description A furniture store specializes in the sale of furniture, and often, carpeting. Fumiture stores are generally large and include storage areas. The sites surveyed include both traditional retail furniture stores and warehouse stores with showrooms. Additional Data Truck trips accounted for approximately 1 to 13 percent of the weekday traffic at the sites surveyed. The average for the sites that were surveyed was approximately 5 percent. Vehicle occupancy ranged from 1.12 to 2.00 persons per automobile on an average weekday. The average for all sites that were surveyed was 1.42 persons per automobile. Peak hours of the generator - I The weekday peak hour varied between 10:00 A.M. and 6:00 P.M. The weekend peak hour varied between 2:00 P.M. and 5:00 P.M. These sites were surveyed from the late 1970s to the 19908 in San Francisco and San Jose, California; Portland, Oregon; Poughkeepsie, New York; and Orlando and Daytona Beach, Florida. Source Numbers 95,126,280,439 Trip Generation, 6th Edition 1625 Institute of Transportation Engineers \ . Furniture Store (890) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Weekday Number of Studies: 13 Average 1000 Sq. Feet GFA: 69 Directional Distribution: 50% entering, 50% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates 5.06 0.70 - 15.35 Standard Deviation 4.38 ' Data Plot and Equation 1,400 1,300 1,200 1,100 1,000 en 'tl c: W 900 a. 1:: I- 800 CD U :c CD 700 > CD Cl 600 e CD ~ 500 II I- 400 300 200 100 0 0 -"", - - . - - - - - - - ,', - - - - - - - - - - - - ',,-'~ . - . .. - - - - . .. I ;,/"" .. ,_........ - ,. ..".-.. -. -.....,............. ... -. - - -. - - -.. - -.. -.. - - - - - ....... - -.......... - -... -.. . ;,,,, . / .. . . . .. . . . . . .h . . ',"" .. .. .. .. .. .. .. .. .. .. .. .. . _ .. .. .. . .. .. : ,...." .~ , . - . .. . - .. .. - - .. - - ,.:". .. - - - . - . - - - - .. - - - - . - .. .. .. .. . .. .. , . ,,," I , , -.' , , ~ ... ...... -;r - .. .. - ..... . . . .. .. .. .. .. .. .. .. .. .. .. .. . .. .. .. . .. .. .. . .. ,/ . ~ .. .. .. . .. . . .. .. . .. .. .. .. .. .. .. .. .. .. .. - .. - .. -'.. - - - - - - .. - - - .. .. - ;-~.. . - .. - - .. .. .. "'. .. . .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .. .. .. .. .. . ," . . " I - . - , . - . - - . . - - . - - - - - - . - . . - .: - - - - - - ~,->~~! - . - , - - . - - - - . - - -:- - . . - - - . . . - - . . . - - . - - . - - . , . . .. .. . .. .. .. . .. .. .. .. . .. .. .. . .. .. .. .. - . .. - ~.. . - ;......... - - - - - . - . . .. . .. .. . .. . .. .. .. .,. .. .. . . . . . . . . .. . .. . . . . .. .. . .. . ' . ~ ~ "............................ ~;..(.'.............. -...... - -....... .:- - - -.... - - -........ - -....- ,;0;0 : .... - - -. -..x - -.. -.. .;;o!'.. - - .:- -.. - -... -.... -... -........... .;.... -. -.. - -..... - -. -... _...: ~ . . x",,;o. . . .. . . -)(. . - - . - - ';"~ . . . . . .. .".. . -". .. . . . . - - . . - . - - . . . - . . . - . . - ... - . . - . - - - - - . - - - - - . - . . . . x X / X / . y - y.... y.' , . x x: ..... 'x." ~;,;"..,""'''''''''''''''''.'''' ':.. ... . - - - - - - - -.... ... ..... - A:. - . - - - -... - - - - -. -. .X-' _.- -x' x: : .......x......---...-..... ..-.-.....- .......--- --_..- ...,..-.............-... .......- 100 200 300 x= 1000 Sq. Feet Gross FloorArea X Actual Data Points n----Average Rate R2 = *"*" Fitted Curve Equation: Not given Trip Generation, 6th Edition 1626 Institute of Transportation Engineers Furniture Store (890) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. Number of Studies: 16 Average 1000 Sq. Feet GFA: 64 Directional Distribution: '69% entering, 31 % exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates 0.17 0.03 0.45 Standard Deviation 0.44 Data Plot and Equation 70 X 60 " . . 50 . , II) t, "2 , , w , , , a. , , .~ , , ~ -:: , 40 . . . - ;. , Gl , , u , ~ :2 , " Gl ~...~... , > Gl , , ~ CI 30 - -, ~- .., aI ... , , Gl , , ~ , , , ~ II , , , ~ / , , 20 , , , " , , ," , , , , x , , , ~ 10 -x- ;'.1''-:' X X , , ~ x X?k' , ~/ X X x I , 0 , I 0 100 200 300 X = 1000 Sq. Feet Gross Floor Area , X Actual Data Points -----... Average Rate Fitted Curve Equation: Not given R2 = ...... Trip Generation, 6th Edition 1627 Institute of Transportation Engineers Furniture Store (890) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. Number of Studies: 15 Average 1000 Sq. Feet GFA: 67 , Directional Distribution: 44% entering, 56% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates 0.45 0.06 1.70 Standard Deviation 0.76 Data Plot and Equation 130 X --: , 120 - , - "' , , "' "' 110 ;J! , , , , , 100 - . -'. , , y- , , , , rn 90 , - ;" '. - "C , , C , UJ , , a. 80 , - .,. 'C , , I- , , III , U 70 J -, , ~ .'. :E , , III , "' > , III 60 . , '. ,- - - - , ~ "' , x . "' , ~ , so -"'. - , , , II , , , I- 40 - X -, ~ ~ - "'\" , "' , "' . , 30 X X ->E ;.... . . .o. x ,':X "' "' , 20 ". " -- , , , x X /)1 10 ",~X.. - , 0 I I , 0 100 200 300 X = 1000 Sq. Feet Gross Floor Area X ActUal Data Points ------ Average Rate Fitted Curve Equation: Not given R2 :;; - Trip Gen~ration, 6th Edition 1628 Institute of Transportation Engineers Furniture Store (890) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Weekday, A.M. Peak Hour of Generator Number of Studies: 16 Average 1000 Sq. Feet GFA: 64 Directional Distribution: 63% entering, 38% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates 0.40 0.09 1.17 Standard Deviation 0.68 Data Plot and Equation 110 , , , , x , , , 100 0 , )' . , , , , , , 90 ;:.. ,,~ ..'. . 0 0 .. J. , , , , , , , 80 ~. ,. 0 ~>s;~" fI) , -g , , , W 70 - ,. 0 .' ;/". - . . - a. , , 'C , t- , , Q) , U 60 0, ;'" ,- :2 , , Q) , , > , , CD 50 ;,,/ Cl , eel , .. , , CD , ~ 40 ;/ 0 - -,- II , , , I- , , , , . 30 'X .,< - x , , , , x x , 20 ~' '. . 0 h x 0/ , X , x, , 10 ',:,('~ 0 x x 0 I I 0 100 200 300 X = 1000 Sq. Feet Gross Floor Area X Actual Data Points ------ Average Rate Fitted Curve Equation: Not given R2 = ...... Trip Generation, 6th Edition 1629 Institute of Transportation Engineers Furniture Store (890) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Weekday, P.M. Peak Hour of Generator Number of Studies: 1,5 Average 1000 Sq. Feet GFA: 67 Directional Distribution: 51 % entering, 49% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates . 0.53 0.09 - 1.70 Standard Deviation 0.81 Data Plot and Equation 150 140 130 120 110 ~ 100 c: W D- 'c 90 I- CD "0 80 :2 CD > 70 CD C) CD .. 60 CD ~ II 50 I- 40 30 20 10 0 0 , , . - . . - ~ ~ ~~;~-;- - . -- , ,",.",.'. - - - .. ',~;I':. .. ""'w _ .. .. .. ,/ ~ .. ~~;,'l. .... .. - -.. - .. .. .. - -. ~ . ~ ~ - -'~ - ~'- .. .. .. - . - . - . . - ... .. - .. ~.- ./ , /. "": - ,~ .. ~\.- . ~.. - - - .. . - , . /' . . .. - . .. . .. - - .. - .. - . . . - - . . . .. . . .'. . . - . . . .. - - . . ,',- . . . .,:'. . . - - . .. 00 . - - _ .. . .. . h ._o_'",''" .... ._ ..... .. _ . . : ,,.';' x : .. . - - - .. . - .. - .... . - - . . . - . .. . - .. . .:. - . - _ . . . _ _ . _ ;c~ . _ . . . . .. . . .. .:. . . / / , , . .. . - .. .. . - . . . . . .. . . . .. - . .. . - - .. -. - - . - - - - ;r - . . - - - . . . . . . . ~ .. .. . . "','W _> , / , , , .... -..... - -................. -.. ",".;,""........ - -. -0." :".... ,'I .. . - .. . .. - . .. . .. .. .. . . . . .. . . .. .. ~;,. .," .. . . . . . . . . . . . ,,," . . . . . . . . . . ..x . . . _ . . ....;;.... . . . . . ~ _ . . . _ _ .. . . _ _ . . ",_ . _ x x/, , - - - -. - -x- -... _,X. -. - -,...~. -... .'.... -.. -.. -.. _ _ -,. _ _:_.. _ _ _......,........,' c_ x........, , ,. , x - . . - . - . . ~",,"':. . . . . - - . . . - . . . ~. - . . . . - . . . . - . ~ ~ ~ . T T . . _ _ . . . x ...' , 'XX " ... .,0-....... - - - -. - - - - - - ~- -..... -.. -. -... -..,' -- . -......... -....... -............................; - - -'. - -.... -.,. -. - - - -. _..~. - - -. - - - x. - - ",', .. .. ;. . . . . . . - . . - . . . . . .. .. .. .. . .. .. .'. - . . . - . .. . - . .. ~ . , ' ..... -.. -.............. -... -................ ................. -.. - - -... -................- .. ~ " . - . 100 200 300 x = 1000 Sq. Feet Gross Floor Area X Actual Data Points ____u Average Rate Fitted Curve Equation: Not given R2=- Trip Generation, 6th Edition 1630 InstiMe of Transportation Engineers r Furniture Store (890) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Saturday Number of Studies: 9 Average 1000 Sq. Feet GFA: 87 Directional Distribution: 50% entering, 50% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates 4.94 0.78 - 13.96 Standard Deviation 4.26 Data Plot and Equation 1,400 1,300 1.200 1,100 1,000 en '0 c: W 900 a. 'C I- 600 III U :c ~ 700 III lijl 600 lii ~ 500 II I- 400 300 200 100 0 0 . . "," .: . - . . - ~ - - - - - - . . .. .. .. .. .- . .. .. .. .. .. .:- .. . - .. - - .. .. . .. - .. .. .. -,.,,: . .. . .. .. .. . . / . ,~ N.'..:...... _..............................~ .'............... .,"'."................... 'X . ,-,,,,' / .. .. .. .. .. .. .. .. .. . . .. . .. . . . .. .. .. .. - .. ~.. . . .. .. . . . . .. . .. .. .. .. .. - - .. . . .. . . . ":" - - ~;,,;,,- .. .. .. .. .. .. .. . .. .. . . .. . . .. . .. . . . ,,' , , ~ - - . . .. . . . . - .. .. .. . . .. .. . . . .. . .. ". .. .. .. .. . . .. . .. . .. .. .. .. . .. .. .. .. . - - . - . .,,'" .. . .. .. . .. .. .. .. .. .. ~ . . .. . .. . . . .. .. .. - , . ~ , . . ,II' . .. .. .. .. .. . .. ..., - . - . .. . . - .. . . . . . . - ..... - - .. .. . .. .. .. .. .. . .. . . .. .. . .. .;' . .. . ".0 .. .. . .. .. _ . _ _ _ .. .. _ .. .. .. . . . . . .. .. .. .. : ,,.,, , ,. . .. . .. . . . . .. .. . - .. .. .. . .. - . - - . - - - -: .. - . - . - .. . - . . . . .. ~:,'jtI'(.- - - - . - . - .:. - . . . . . . . . . - - - - . . - . - . . . . . . / - - . . . . . . - . . . - ~ . . - . - . - . . . . .:. . - - - - . - - - ;,:. . . - . .. ~ ". ".,.< . . . . : "" . ~ . - . . . . . - - - - . - . - - . - - - - . . . . . .. . - - . -,,' - - - - - . . . ~ - - . .. . . . . . . ..- . - - .. . . . . . . . . . . . - . ......::y . . , . , " '/ ....................... - - - -.",. - - - -. - -.... - - -- ......~ ,,,'" : . _. - - _.................". _.... _. - _........ _. - _......... - - _.. _.... 0 0..0..0.00 _ 0 _.. X," . . X / - . - - - - . . . . . . . . . ,"..... . . . . . . 0 ~ 0 0 0 0 . 0 . . _ _ _ _ . . . _ . . . . . . . . . .:. _ . . 0 . . . . . . 0 . 0 0 . . . . 0 . - .. .. - . ".... . X,.... . .. - - - -. - - -...!~.... ......... .:... ........... - -. _. _... . .. .:. -..... . . . -. -. . -.. -~. -. .... ,. . , /X ~ . . ....."..... - 0 0.0.. _ _. _ _ _ _. _0....0........0.. 0.0..... o. '00 0...00.. 0 0.0 _.....00...... X 100 200 300 x == 1000 Sq. Feet Gross Floor Area X Actual Data Points ___n_ AverageRate Fitted Curve Equation: N~ given R2=- I Trip Generation, 6th Edition ""' 1631 Institute of Transportation Engineers Furniture Store (8~O) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Saturday, Peak Hour of Generator Number of Studies: 12 Average 1000 Sq. Feet GFA: 76 Directional Distribution: 50% entering, 50% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates 0.78 0.15 - 2.79 Standard Deviation 1.05 Data Plot and Equation 300 , . 0 , , "'0 200 - h..., - - -.- .- ...... - -- _A _ - - - , . , c: .' 'f , , w , , , Q. , , "C , , l- X , , Q) x , , , "0 , , :c , , <II , , > , , Q) , , 01 , " (II , , ... , Q) , , ~ , , " II , 100 -. . - - . .'. . , " , -,' .",1"_ _,. - , . , - , - , - - , , t- , " , .. " , ,'. , x , , x " , x , , , "X X X , , , , x'X-x X 0 I 0 100 200 300 X = 1000 Sq. Feet Gross Floor Area ; X Actual Data Points ------ Average Rate Fitted Curve Equation: Not given R2=- Trip Generation, 6th Edition 1632 Institute of Transportation Engineers Furniture Store (890) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Sunday Number of Studies: 9 Average 1000 Sq. Feet GFA: 87 I Directional Distribution: 50% entering, 50% exiting ~ Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates 4.64 0.14 - 14.17 Standard Deviation 4.28 Data Plot and Equ~tion 1,300 1,200 1,100 1,000 (/) 900 "0 c: W a. 800 "C I- CD :y 700 s:::. ~ CD 600 Cl l!! CD 500 ~ II I- 400 300 200 100 0 300 0 . x : ",,'^ . . .. .. . . . - - .. .. .. .. . . . .. .. .. .. .. .. .. .. .. ", .. .. .. .. .. .. .. .. . .. .. .. .. .. .. .. .. . .. .. . . .. .. .. . ,- .. .. . '. .. .. .. .. .. .. .. .. .. .,"" .. .. .. .. .. .. . .. .. , .' x . " , .~' .. .. .. . .. .. .. . . .. . . . .. .. .. .. .. .. . .. . .. . .. -: . . . . . . .. .. .. .. .. .. - .. .. . . . . .. .. . .. .. .. -:- .... ........ .,,~".. . .~ .. ~ / ~ ~ .............................................................................................. .0..... _,............................ < e,,'" . : ,,,' ,of' .. .. .. .. .. .. .. .. .. . .. .. .. . .. .. .. .. .. .. .. - .. .. - .. - .. .. .. .. .. .. .. .. .. .:.^ ,.. ...-,""- ,- .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ,,,' . . ,,,' , ............................ '"-....................................................."................................................................. : ,//: .. .. .. .. . .. . . .. .. . .. . .. .. . . . .. _ _ . _ . . _' . . . . . .. _ . .. . . . . ,.:'. - .. . .. .. . . - - " - 0_. :,_ ~ .. ~ ^ ~. _ _ .. _ _ _ . _ . ." _,. . ~ . '- / . . "'~ 0 ....... ...... ..... . .. . .... - - -. -.. -. .. ~..... ... ;/~.. . .. -. - . - -.. ..... . . .:. .. .."."..... , / . . .. " . .. _ _ _ _ _ _ _ _ _ _ . . .. . . . . . . .~.~,,~~ . . .. . . .. .. . .. .. .. . . . .. . .. .. . . . _:" _ _ _ _ _ _ _ .. _ _ _ . .. . . . _ _ .. . . " v /. . . .. . . " . . .. . _ _ .. _ . _ _ _ _ . .. ..ot':. .:. _ _ . . . . . . _ . _ _ _ '..'. ",.'-. ...... ...'. .. . .. . . . . . .. .. . . . . . .. . . . .. .. .. . . .. , . . , ~ . x ",~"', . .. - - -" -.........., - -.. -. -. -..-...... -..... - - - - - - - - -...... ....................................... ~. . x / ,,", . x .......... .."",........"..."..... .,- - - - - - - - -............ -.. - - - - -.- - - - - - - -.... - - - - -.. - - - - - - - - -- , . / ' ~ . . ....;.')( .X".""""""..".""". ":""..."".."............."" ":"."....."..........."." 100 200 30() X ::< 1000 Sq. Feet Gross Floor Area -- - - - - Average Rate X Actual Data Points R2=- Fitted Curve EquatIon: Not given ngineers Trip Generation, 6th Edition 1633 Institute of Transportation EnginE furniture Store (890 ) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Sunday, Peak Hour of Generator . Number of Studies: 9 Average 1000 Sq. Feet GFA: 87 Directional Distribution: Not available Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates 0.92 0.10 - 3.42 Standard Deviation 1.18 Data Plot and Equation 300 200 -.' , , , , , , , , , , , , , , , . . ^' . . ..". .. ~ . - . . . . . . - - - - . > . ",,".,.,-: . . . . -' . ~ ^ x . , ,,' , " ' 100 .. - - - . . - - . . - . . . . . . . . - - - - . ",,;;. - . . - - - - - . . " . . - . . . . - - . - ',' . " - - . . . . . . - . . . . . . . . " - . . . - ,,~' . " , Xx /,/' ",/,/>)." ,.'X ,-x x' (Q "tJ c: W D- 'c I- Q) U :E ~ Q) 01 lIS ! II I- x o o 100 200 300 x = 1000 Sq. Feet Gross Floor Area X Actual Data Points ------ Average Rate Fitted Curve Equation: Not given R2=- Trip Generation, 6th Edition 1634 Institute of Transportation Engineers \ Land Use: 252 Congregate Care Facility Description Congregate care facilities typically consist of one or more multiunit buildings designed for elderly living. They may also contain dining rooms, medical facilities, and recreational facilities. Additional Data Vehicle ownership levels, in general, are very low at congregate care facilities. The sites were surveyed in 1981 in Portland, Oregon. Source Number 155 Trip Generation, 6th Edition 456 Institute of Transportation Engineers Congregate Care Facility (252) Average Vehicle Trip Ends vs: Occupied Dwelling Units On a: Weekday Number of Studies: 2 Avg. Num. of Occupied Dwelling Units: 183 Directional Distribution: 50% entering, 50% exiting Trip Generation per Occupied Dwelling Unit Average Rate Range of Rates Standard Deviation 2.15 2.12 2.15 . Data Plot and Equation Caution - Use Carefully - Small Sample Size 700 r rn "C c: UJ a. "C I- Q) U :c <D > <D 01 aI .... CD ~ II I- /<x -,,,,-' "' ./.</ / "' . ,/'/ ....~... 400 ~ 4 - . . - . . . . . . . . - - . - - . . . . . . . - . - . . - . . . . . . . . . - - , - ~ . ".'~ . :',0 .-.' . " ~' ," / ,,,,,,,; ",,1/' 300 - - - - - -.. -. . -.... . - -... .. - -:.. .... . " .,,!'.... .. //// " " 200 - - -. -.. . - - - - -... .... - -.,,!... - . . - -. .. . . . . - -... ,,,' . x' 600" 500 100 o 100 200 300 x = Number of Occupied Dwelling Units X Actual Data Points -- - -- - Average Rate Fitted Curve Equation: Not given R2 = .... Trip Generation, 6th Edition 457 Institute of Transportation Engineers Congregate Care Facility (252) , Average Vehicle Trip Ends vs: Occupied Dwelling Units On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. Number of Studies: 2 Avg. Num. of Occupied Dwelling Units: 183 Directional Distribution: 61 % entering, 39% exiting Trip Generation per Occupied Dwelling Unit Average Rate Range of Rates 0.06 0.06 - 0.06 Standard Deviation . Data Plot and Equation Caution - Use Carefully - Small Sample Size 18 ',' .' , , 17 - ,. , , , / 16 -, r '. / , , , , 15 . '. ;. , '. / / , / 14 " .' ./. / co , , "C , l:: , W 13 ,. " , .' , /. - - Co / / 'C / , ~ 12 J - .~ - G) / , U ,j , / :2 , / <II 1 1 r /. > , , G) , , 01 . ., / .. ~ 10 / G) / / ~ , , 9 .' .,. ., , II , , ~ , , 8 , /. , , , , 7 - . -,' '. , , , , 6 ,~ .,'- , , I , , I 5 X:,,, '. , 4 r , I , -r--- . - 0 100 200 300 X = Number of Occupied Dwelling Units X Actual Data Points ------ Average Rate FItted Curve Equation: Not given R2 = .... Trip Generation, 6th Edition 458 Institute of Transportation Engineers Congregate Care Facility (252) Average Vehicle Trip Ends vs: Occupied Dwelling Units On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. Number of Studies: 2 Avg. Num. of Occupied Dwelling Units: 183 Directional Distribution: 56% entering, 44% exiting Trip Generation per Occupied Dwelling Unit Average Rate Range of Rates 0.17 0.16 0.21 Standard Deviation . Data Plot and Equation Caution - Use Carefully - Small Sample Size 50 I 10 i o ,- , , ,.;' x , , / , , " , " " , . . . . "^. ~;/ . . .0_. , " , , , " , , ;' ,~ : , . , , . " , - . . - . . . - . . ~ . . . - . - . ", - . . . . - - . - ... . . . . . . . . - ;" - . . . ',' - . - - . . . . . . . . ... . . . . . . . . . . . . . " , , , " , , , , , , / ,...,,,, . ," . , - . - - - . - - - - . . . . .. ... . . '," . . . . - ... . . . . . . . . ... . - - ~ ... . " - . . .' - - - - . , , . .,' :...' x"",: , /' 40 ......................'.. ,... ... .............. f/) -g W a. ;:: I- Q) U :2 Gl > \I) ~ .... Gl ~ II I- 30 ... .. . I 100 I 200 ., 'I I 1 20 - .. 300 x = Number of Occupied Dwelling Units X Actual DBta Points ------ Average Rate Fitted Curve Equation: Not given R2 = **** Trip Generation, 6th Edition 459 Institute of Transportation Engineers Congregate Care Facility (252) Average Vehicle Trip Ends vs: Occupied Dwelling Units, On a: Weekday, A.M. Peak Hour of Generator Number of Studies: 2 Avg. Num. 01 Occupied Dwelling Units: 183 Directional Distribution: 50% entering, 50% exiting Trip Generation per Occupied Dwelling Unit Average Rate Range of Rates 0.15 0.13 0.16 Standard Deviation * Data Plot an~. Equation Caution - Use Carefully - Small Sample Size 50 x U) 't:l C W a. 'C I- CD '0 :c <II > <II 01 a1 ... CIl > ~ II I- , , , , , , , /////'" , , , , , , , .' 30 ............,.............. _ " . '_........ _....... ";,(-.. ",' . ,/ , , , , , , , , , , , , , . / 20 '" .. . .. , .. .. , -- .. .. .. , . . , . . . .. . . .... . . . . '.. . . ...... .... .., , ,/'/ . ...'" ///'~' , 40 ",' 10 o 100 200 300 X Actual Data Points x = Number of Occupied Dwelling Units ------ Average Rate Fitted Curve Equation: Not given R2 = "*** Trip Generation, 6th Edition 460 Institute of Transportation Engineers Congregate Care Facility (252) Average Vehicle Trip Ends vs: Occupied Dwelling Units On a: Weekday, P.M. Peak Hour of Generator Number of Studies: 2 Avg. Num. of Occupied Dwelling Units: 183 Directional Distribution: 60% entering, 40% exiting j Trip Generation per Occupied Dwelling Unit Average Rate Range of Rates 0.21 0.21 0.21 Standard Deviation * Data Plot and Equation Caution - Use Carefully - Small Sample Size 70 -~ x ' . ';/0' <, //'// , , /,,,;" ",,/ ., ". ; . ~ . . - - . . . . . . . . . . .. . . . . . . . - . . . . . . . . . . , - ." - . - - - - . . . . . . . ~ . - . . - . - ,/"/ : J ,/ " ;' , , . . . . . . . . . . . . . . . . ',' . . . ,~>~/' . . . . . " :",1' ............>/-::................. .. x' 60 ..... ~ 'c en "C c: W a. 'C l- ll) U :2 lI) > lI) 01 <<I CD ~ If I- 50 j ~l 301 j 201 10 t-- -~ I 100 I 200 300 o x = Number of Occupied Dwelling Units X Actual Data Points - - -- - - Average Rate Fitted Curve Equation: Not given R2 = ..... Trip Generation, 6th Edition 461 Institute of Transportation Engineers ~' REZONING REQUEST D & S Development Tax Nos. 2070402-404, 2070414, Williamson Road and Chatham Street, N.W. ) 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 sl day of October, 2010, on the request captioned above to the owner or agent of the parcels as set out below: Tax No. 2070133 2070142 2070141 2070144 2070405 2070412 2070413 2070705 2070707 3190923 3190922 Owner Mailinq Address Patricia L. Scott 2708 Lyndhurst Street, NW Roanoke, VA 24012 Jeffrey T. Bowles, et als POBox 121 Fincastle, VA 24090 Enes Suhopoljac 2712 Lyndhurst Street, NW Roanoke,VA 24012 Gary and Linda Donaldson 2718 Chatham Street, NW . Roanoke,VA 24012 Richard A. Dearing' POBox 8224 Roanoke, VA 24014 Roberta L. Johnson 2723 Lyndhurst Street, NW Roanoke, VA 24012 Tailings LLC 3221 Fleming Avenue Roanoke, VA 24012 Judith M. Reineke 2711 Chatham Street, NW Roanoke, VA 24012 T C Squared Real Estate LLC 1001 W Main Street Salem, VA 24153 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) 853-1I45 E-mail: c1erk@roanokeva.gov STEPHANIE M. MOON, MMC City Clerk JONATHAN E. CRAFT Deputy City Clerk November 9,2011 CECELIA T. WEBB Assistant Deputy City Clerk Paul Brown, P. E. Parker Design Group 816 Roanoke Boulevard Salem, Virginia 24153 Dear Mr. Brown: 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 21,2011, 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 D & S Development to rezone properties located at 3008 and 3016 Williamson Road, N. W., 2728 Chatham Street, N. W., and a vacant lotto the west, from RMF, Residential Multifamily District, to CG, Commercial-General District, subject to certain proffered conditions. For your information, I am enclosing copy of a notice of public hearing. Please review the document and ,if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 540-853-2431. It will be necessary for you, oryour representative, to be present at the November 21st public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, ~ ~.,~tTV Stephanie M. Moon, MMC 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 STEPHANIE M. MOON, MMC City Clerk November 9,2011 CECELIA T. WEBB Assistant Deputy City Clerk To Adjoining Property Owners Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, November 21, 2011, 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 D & S Development to rezone properties located at 3008 and 3016 Williamson Road, N. W., 2728 Chatham Street, N. W., and a vacant lotto the west, from RMF, Residential Multifamily District, to CG, Commercial-General 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. Sincerely, ~rn. Stephanie M. Moon, M~ City Clerk SMM:ctw CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, MMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk November 22,2011 Emilia Prado Iglesia De Dios Pentecostal M.1. 3506 Valley View Avenue, N. W. Roanoke, Virginia 24012 Dear Ms. Prado: I am enclosing copyof Ordinance No. 39267-112111 amending Proffered Conditions 1 and 2 as they pertain to 3454 Cove Road, N. W., bearing Official Tax Nos. 6440211 and 6440210, respectively, as set forth in the Zoning Amended Application No.2 filed on August 19, 2010, and action taken by the Council on Monday, September 20, 2010, pursuant to Ordinance No. 38951-092010. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 21, 2011, and is in full force and effect upon its passage. Sincerely, ~~. ~ Stephanie M, Moon, MM~ City Clerk SMM:jec Enclosure Emilia Prado November 22,2011 Page 2 pc: Marie Nicole Lapierre, 3518 Cove Road, N. W., Roanoke, Virginia 24017 Harvey B. and Dianne W. Cardwell, 3466 Cove Road, N. W., Roanoke, Virginia 24017 Daniel A. Grey, 3511 Cove Road, N. W., Roanoke, Virginia 24017 Frances V. Hale and Doris V. McKinney, 5622 Penguin Drive, S. W., Roanoke, , Virginia 24018 Frances V. Hale and B. M. Hale, c/o Rob Hale, 1360 Carlos Drive, Roanoke, Virginia 24019 Henry Thanh and Hue Phan, 3448 Cove Road, N. W., Roanoke, Virginia 24017 James Donald and Shelby Janney Pugh, P.O. Box 6172, Roanoke, Virginia 24017 Valerie Garner, 2265 Mattaponi Drive, N. W., Roanoke, Virginia 24017 Millie Steele, 2235 Countryside Road, N. W., Roanoke, Virginia 24017 Cheryl Ramsey, 1719 Aspen Street, N. W., Roanoke, Virginia 24017 Christopher P. Morrill, City Manager William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Ann H. Shawver, Director of Finance Susan Lower, Director of Real Estate Valuation Philip Schirmer, City Engineer Rebecca Cockram, Secretary, City Planning Commission G~~~\ \{]~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of November, 2011. No. 39267-112111. AN ORDINANCE to amend 936.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, by amending certain proffers adopted by City Council in Ordinance No. 38951- I 092010, on September 20,2010, pertaining to certain property located at 3454 Cove Road, N.W.; and dispensing with the second reading by title of this ordinance. WHEREAS, Luz E. Rodriquez, on behalf of Iglesia de Dios Pentecostal M.I., has made application to the Council of the City of Roanoke, Virginia ("City Council"), to amend certain proffered conditions as they pertain to 3454 Cove Road, N.W., bearing Official Tax Nos. ~ 6440211 and 6440210, respectively; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by 936.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on November 21,2011, after due and timely notice thereof as required by 936.2-540, Code ofthe City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to this Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, requires the amending of certain proffers as they pertain to property located at 3454 Cove Road, N.W., bearing Official Tax Nos. 6440211 K:\Talevi\measures\planning commission measures\Ord-3454 cove rd (iglesia de dios) church,doc 1 and 644021 0, respectively, as set forth m the Zoning Amended Application No. 1 dated September 23,2011. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that Official Tax Map Nos. 6440211 and 6440210, be, and are hereby rezoned ( by amending Proffered Conditions 1 and 2, as such proffers are set forth in the Zoning Amended I Application No.2, filed on August 19, 2010, and accepted by City Council by the adoption of Ordinance No. 38951-e92010, as they pertain to the parcels of land at 3454 Cove Road, N.W., bearing Official Tax Nos. 6440211 and 6440210, all of which is set forth in the Amendment of Proffered Conditions Amended Application No.1, dated September 23,2011. ' 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: 11). ~ City Clerk K:\Talevi\measures\planning commission measures\Ord-3454 cove I'd (iglesia de dios) church,doc 2 To: Meeti ng: Subject: CITY COUNCIL AGENDA REPORT Honorable Mayor and Members of City Council November 21, 2011 Request from Luz E. Rodriquez, on behalf of Iglesia de Dios Pentecostal M. I., to amend Proffered Conditions 1 and 2, as such proffers are set forth in the Zoning Amended Application No.2, filed on August 19, 2010, and accepted by City Council by the adoption of Ordinance No. 38951-092010, as they pertain to the parcels of land at 3454 Cove Road, N.W., bearing tax nos. 6440211 and 6440210, such amendment of proffers to allow for an alternative site layout and building design as set forth in the Amendment of Proffered Conditions Amended Application No.1 dated September 23, 2011. The proposed general usage of the property is a place of worship. The comprehensive plan designates the property for multifamily residential use. Planning Commission Public Hearing and Recommendation The Planning Commission held a public hearing on Thursday, October ?O, 2011. By a vote of 7-0, the Commission recommended approval the application to amend proffered conditions on the subject property to be consistent with the City's Zoning Ordinance, Vision 2001-2020, and the Peters Creek North Neighborhood Plan. The request maintains the positive design principles of the site layout and building design ~upported in the initial zoning amendment request. Staff supported the application. Application Information Request: Amendment of Proffered Conditions (Ordinance No. 38951-092010) Owner: Luz E. Rodriguez Applicant: Iglesia de Dios Pentecostal M.1. Authorized Agent: Donald Roy City Staff Person: Maribeth B. Mills Site Address/Location: 3454 Cove Road NW Official Tax Nos.: 6440211 and 6440210 Site Area: 3.2198 acres Existing Zoning: IN, Institutional with Conditions Proposed Zoning: IN, Institutional with Conditions Existing Land Use: Single-family dwelling and vacant Proposed Land Use: Place of Worship Neighborhood Plan: Peters Creek North Neighborhood Plan Specified Future Land Multifamily Residential Use: Filing Date: Original Application: September 1, 2011; Amended Application No.1: September 23, 2011 Background In the fall of 2010, City Council conditionally rezoned the subject properties from Residential Single-Family District to the Institutional District to allow the construction of a 4,500 square-foot, 144 seat brick and stucco sanctuary building with a gable roof and associated 40-space parking lot. A 7,380 square-foot future addition was also approved. The development plan depicted the building oriented to Cove Road with a concrete sidewalk connecting the main entrance to a five foot wide public sidewalk constructed along the frontage by the applicant. The parking lot was located along the western boundary of the site to the rear of the building and accessed by a 24-foot wide driveway from Cove Road also situated along the western boundary of the property. The applicant requests these modifications to the proffered development plan and elevations: 1. Increase the size of the sanctuary building to 6,300 square feet and 240 seats. No future addition is shown decreasing the overall size of the building by 5,580 square feet. 2. Change the design of the building to a one-story EIFS and split face CMU clad building with a shed roof concealed by a parapet. The front elevation would consist of 25 percent transparency with a primary entrance protected by a portico and corners defined by quoins. 3. Relocate the 24-foot wide driveway to the site's eastern boundary. 4. Increase the size of the parking lot to 60 spaces to accommodate the additional 96 sanctuary seats. 5. Relocate the parking lot to the site's eastern boundary. The parking lot would still be located to the rear of the principal building. All other elements of the application would remain the same. Conditions Proffered by the Applicant The applicant hereby requests that the following proffered conditions enacted by Ordinance 38951-092010 be amended as they pertain to Official Tax Nos. 6440211 and 6440210: 1. The property will be developed in substantial conformity with the development plan entitled 'Development Plan for Rezoning Iglesia de Dios Pentecostal M.L' prepared by D[G Design & Services, dated 8/17/2010, {Iglesia De Dios Pentecostal M.I.' prepared by Kinsey Shane & 2 .) r' Associates, dated September 29, 2011, subject to any changes that may be required by the City during Comprehensive Development Plan Review. \ " 2. The church will be developed in substantial conformity with the exterior elevations entitled 'Brick and Stucco Church Building Iglesia de Dios Pentecostal M.I.' prepared by Dee Design & Services, dated 2/2/10 'Iglesia De Dios Pentecostal M.I. prepared by Kinsey Shane & Associates, dated September 29, 20 ". 3. Light levels, generated by the site, shall not exceed O. 5-foot candle measured at property lines. Considerations Surrounding Zoninq and Land Use: North South East West Zoning District R-7, Residential Sin ie-Famil District R-7, Residential Single-Family District R-7, Residential Sin le-Famil District R-7, Residential Single-Famil District Compliance with the Zoning Ordinance: The IN District's purpose is to accommodate and integrate institutional uses within a neighborhood setting through thoughtful site and building design. All of the proposed modifications to the development plan and elevations would continue to fulfill this purpose and are in compliance with the City's Zoning Ordinance, including recent amendments regarding the treatment of the primary building fagade. Conformity with the Comprehensive Plan and Neiqhborhood Plan: The compatibility of new construction, lack of pedestrian accommodations, traffic congestion, and flooding are a few of the issues identified by the Peters Creek North Neighborhood Plan for this area of the City. The proposed amendments to the development plan and elevations continue to address these issues as follows. 1. The proposed building would still be oriented towards the public street with minimal parking located in a subordinate. Furthermore, the one-story, stucco veneer design of the church building is consistent with other institutional and commercial buildings in the Peters Creek North area. 2. The five foot wide public sidewalk separated from Cove Road bya six foot planting strip the length of the property has been maintained. 3. The traffic analysis completed by the applicant during the initial rezoning of the site was still deemed to be adequate. 4. Stormwater will continue to be mitigated through the use of a rainwater harvesting system for the site's roof and parking lot runoff. The porous pavers have been removed. 3 Relevant Vision 2007-2020 policies: . NH P2. Neighborhoods as villages. Neighborhoods will function as villages, offering opportunities to live, work, shop, play, and interact in a neighborhood setting. . IN P4. Parking. Roanoke will encourage on-street parking wherever possible and discourage excessive surface parking lots. Off-street parking will be encouraged to the side or rear of buildings. . EC P4. Environmental Quality. Roanoke will protect the environment and ensure quality air and water for citizens of the region. (Note EC A 13. Limit the amount of impervious surfaces to reduce runoff) Relevant Peters Creek North Neighborhood Plan policies: . Economic Development Policies o Encourage good relationships between commercial and residential development through thoughtful site and building design, landscaping, and transitional uses. . Infrastructure Policies o Improve stormwater drainage. o Improve sidewalk/curb system. I · Require developers to install sidewalks and curbs at rezoning, special exception, or subdivision stage in a manner consistent with current City policy. · Provide planting strips at least six feet wide when new sidewalks and curbs are installed. Relevant Design Principles of Vision 2007-2020: Design Principles: Application's Conformity: Site development should be maximized The principal building is set close to through reduced parking spaces, the street with the minimum amount increased lot coverage, and parcels of required parking located to the developed along street frontages. rear. The rear of the property has not been used because it is prone to flooding. Parking should be located to the rear or Parking is located to the rear of the side of the principal buildinQ. principal building. Building location and design should be The principal building is set close to considered as important elements of the the street and is compatible with the streetscape and should be used to define setback of other buildings along Cove the street corridor as a public place. Road. Building fronts and entrances should The principal building is oriented to face the street. the street with a front entrance, portico, and sidewalk connecting the entrance to the public sidewalk. 4 City Department Comments: None. Public Comments: None. Planning Commission Public Hearing Discussion The following was discussed at the Planning Commission's October 20, 2011 public hearing. 1. Mr. Williams asked about the side and rear elevations not shown on the exhibit provided. The applicant responded that the EIFS siding would wrap half way around the side elevation with the remainder of the side elevation and the rear elevation covered in metal siding. The applicant also stated that window openings would be similar to the side elevation shown. 2. Mr. Van Hyning asked if stormwater should be reused in some way. The applicant responded that it would be used for irrigation. 3. Ms. Katz commended the design of the new site plan and elevations. ~A- /J~ i'J- ei"5(],y;.;,.. A. Angela Penn, Chair ' . 'l~ City Planning Commission cc: Chris Morrill, City Manager William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Emilia Prado Don Roy 5 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 Date: !AU919,2010 Submittal Number: Amended Application No.2 --~ .~,,--1 o Rezoning, Not Otherwise listed [8] Rezoning, Conditional o Rezoning to Planned Unit Development o Establishment of Comprehensive Sign Overlay District r.llfjJ'"4J{fllillIlfI')1 tlt~~""""'~"*""~"""_""'",'",",,"'M..,,".~,J~tl!i1 Address: 13454 Cove Road NW OffICial Tax No(s).: 1~440211 and 6440210 o Amendment of Proffered Conditions o Amendment of Planned Unit Development Plan o Amendment of Comprehensive Sign Overlay District I ] -~ 0 With Conditions Existing Base Zoning: R-7, Residential Single-Family (If multiple zones, please manually enter all districts.) _ lBJ Without Conditions Ordinance No(s). for Existing Conditions (If applicable); INA J Requested Zoning: I'N, Institutional ] Proposed Land Use: Iplace OfWOfShip I Name: /LUZ Rodriguez Address: 114 Christian Avenue NE, Roanoke, VA 240 15 I Phone Number. J E-Mail: I I +1 (540) 520-5098 J I .---1 Lu2 E, tKDd \'["'8d~ '2 Property Owner's Signature: Name: ~eSia De Dies Pentecostal M.I. ~ Phone Number: ~(540) 366-5760 l ~.E-Mail: ~alaurap@netzero.com :J Name: I Phone Number: 1~1- (540) 366-55~~~ -_._-_..:J E-Mail: IOEGOESIGNS@VERIZON.NET ] Address: Authorized Agenfs Signatur : i' ( ( Dav/dE. Greer 4720 Sant!f[TsDr. NE Roaftoke,ViTginia 24019-5838 540..36~5575'Fax 540-366-4664 1J1iG lit.. .. &'~' .... . Ck' '.. P" .... ""~""'''''''''/.'.' .......'.......... . " - '. .. <;"' ,- ~ ,:" . ,- < . ., _." , . .' ,. ,'"\. -.' .:" " '''.' .' , "...~'.., ,-.; .... ;".... . February 8, 2010 To; City of Roanoke Rezoning IGLESIA DE DIOS PENTECOSTAL M.l. Church of Roanoke, Va. Request a rezoning property on Cove Road NNI/ Roanoke Va. for the intent of building of a wood frame construction building with brick and front corners with the upper front and sides & rear with stucco as shown on elevation drawings A 101 . Building size as noted on the drawings A 101 provided with Phase One shown and Phase Two shown (Phase Two at a later date.) A development plan 0101 showing b~i1ding, pourous parking lot. Parking lot to have pourous asphalt paving wI stone recharge bed. Side walk, trees, bushes, plants with sewer line as shown on drawing 0101. Proposed sewer line & pump system to be in place for sewer. (See drawings) Traffic Anaylsis shows traffic 391 + Approaching from Peters Creek Road. Traffic Anaylsis shows traffic 490 + Approaching from Hershberger Road. Dated: 11/212009 (See Engineering Report for Whole Anaylsis) At this time the properties are two separate lots with an existing structure on Lot (tax map #644-0210). This structure is to be disposed of and IT any other structures on lot. A professional Architect, Engineers and/or other personnel will be involved in the design phases of the said structure for IGLESIA DE DIOS PENTECOSTAL M.l. This wiH insure that this structure will be presentable to the neighborhood and surroundings and to meet all State, Federal & Local Building Codes. If you have any questions please call or e-mail meatdes:idesi(ms(6).verizon.net Thank you. Sincerely, David E. Greer ....... ......"'... ....11' .."...... ( ,. Preliminary Design Narrative Iglesia De Dios Penticostal M.l. Church 6 July 2010 The proposed worship space structure is to be a one~story preengineered steel frame building containing approximately 7,500 square feet. The Occupancy Classification will be A~3, Assembly (2006 IBC). The Type of Construction will be Type IIIB, Unprotected Combustible/Noncombustible (2006 !BG). The floor will be concrete slab-on-grade. The exterior walls will have a masonry (brick or decorative CMU) or E.I.F.S. finish. The interior partitions will be wood studs with gypsum board sheathing. The roof will be standing seam metal. The facility will be fully handicap accessible. The building will contain a worship space, toilet room facilities, a residential-grade kitchen and related support areas (electric room ,mechanical space, corridors, storage closets, etc.). Proffered Conditions The applicant hereby agrees to proffer the following conditions as they apply to Official Tax Nos. 6440211 and 6440210: 1. The property will be developed in substantial conformity with the development plan entitled 'Development Plan for Rezoning Iglesia de Dios Pentecostal M.I.' prepared by DEG Design & Services, dated 8/17 /2~ 10, subject to any changes that may be required by the City during Comprehensive Development Plan Review. 2. The church will be developed in substantial conformity with the exterior elevations entitled 'Brick and Stucco Church Building Iglesia de Dios Pentecostal M.I.' prepared by DEG Design & Services, dated 2/2/10. 3. Light levels, generated by the site, shall not exceed 0.5-foot candle measured at property lines. DEG Designs & Services David Greer . oj I:. lib.';' rill : IflNI9lM '~Oll ~ 1lN dVCtI ~ W" 1;1 r:i!. I! ~I!i ! Ti'l "l'tJ.~ ~a ilO 't'IS31f1 Old !!I'61. I ~~N'rI'lol~ ~ ~/ Z \3 '> 8 I I I I ~ il'l IiI II h Ill; II Iii ! Ili!1 I 1'1 I~ I I! I l!i'I:1 t IL IIi IM~I IIU I: Illlft'i L__ lib ~II. 't ,~tJt !~II ,0 , c:::J - '" ~ r,j :J D- tCJ ISO I ~!, I~ o I~ \ j 711 JP/P " :e I i , . 20J,8 203.8 i I. \ l!i ~I~ 1;1 jh~ bn I ! \ thi1 dn \ \ mrn l!willw CI i 1:1 IlL loll' :' 'I 1 'f1Nl9lM 'alI<lHvov - 'lofH dVOllI ;}otY.) 1J;.l.., jJ! i~ l1. ile! ! TI1 "t\'.L~ 9C1d aa \I~I Qf. .1; I !!till "I ! ~,c:nk'l;l ~ ~g . *-,iwa .~ ~ ,:"\ '" " , ~ ~~~~ ~....,...,~ ~~.~~ I I I I I I I I I I I I I L.. J ~ r I I I ! I I r I I I L________.___~ ii!lJ!! 1.lj!il ijl!I'J dllij il'I.I'11 J ,.Ill!, ~ ~ en CI) 1;:; !!) u ~ m cd . I 'VA '3>lONVO~. 'M'N OVO~ 3AOO T~ 1VI1S0031N3d SVI(j .30 VIS3101 '~li ~ !I !I JU :b[i <..> 7 Il1 i a · ~ ~~ 6 u. <..> g~ . ~~i! ~~ - dlR ~ ~ ql.~ .>~> I ! Ii. I m ;IIi ; a .~; ! ~I'il ~ ;! ~ K!i~ ~ ~ ;;~~ il ~ h II U~~i i!!i~~ i u unll~J n ~~j9-e~. ~G ~MU ~~ ~~ ~ II ~ ~H ~~~ ai ~~2 ~~ ~i~ ~~I UI ~~~ ~~U~~I ~ii ~~~~~~ ~!~ i~~Qi~ ~ ti~ ~~~~th it d5G~~~~~l ~~~him~u ~ :!~"~~~h~a* '" ~U:x.,~~~"w~ , ~~ g~ - - Il:, i ill i t ~ ~a .0-.. -;-- If: Ol l'l a~ r ~ I : J iDltl L._;__.J I 41:!! If I .. I '"i I t~!. i gl ! I I I I I I I I I I I I : ~ ~i~l; Uh~ .u,'." III, rLN .... m.o","".t~N f~ _ hi ~~ "~~I~: ~Q"~~ i~~g~~ }.)-O ~ '~i:~~tl .~~~~~ ~~~~<~ 8~rQN UJii ~ ii ~m~. h~~ ~~~f ~~ m~h ~I~ h ii!!I!! I;'i!jl , iJJ!~1 1.,lllij ii!ilu! I II I II I II L_2L_____Jt---= '" fJ i' ~.g .!;;~.~ :'::(1.)<( c<S " .. ~ ~ ~ il ~ ~~ ~~ lf~ ei i= )': ~~ ~i ~~ H jl if! H.l gg{ :\1.' 'V^ '3>10NVO;>J';'M'N avo;>J 3M:) T~ lVI1SO:)31N3d, WIG 3d VIS31~1 %%%%~ %%%~%%% ~~~~~ ~~~gg~~ 00000 0000000 \\\\\ \\\\\\\ 111111111111 00000 0000000 88B88 BB88B8B 88BBB 8888B88 Ii 3 ~ ~ . , ! d I ~! "" 8' i~ u {;=' {QJ ~ ROA" NOKE Department of Planning, Building and Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.w. Roanoke, Virginia 24011 Phone: (540) 853-1730 Fax: (540) 853-1230 Date: ISeptember23,2011 Submittal Number: : Hmet'1ded IIf/lm..hOt1 M;..:L o Rezoning, Not Otherwise Listed o Rezoning, Conditional o Rezoning to Planned Unit Development o Establishment of Comprehensive Sign Overlay District - [g] Amendment of Proffered Conditions o Amendment of Planned Unit Development Plan o Amendment of Comprehensive Sign Overlay District Address: 3454 Cove Road, Roanoke, Virginia 24017 Official Tax No(s).: 16440210 & 6440211 Existing Base Zoning: (If multiple zones, please manually enter all districts.) Orainance No(s). for Existing Conditions (If applicable): I 38951-092010 Requested Zoning: I IN I Proposed Land Use: IN I [g] With Conditions D Without Conditions I Place to worship I Phone Number: E-Mail: I + 1 (540) 520-5098 I I Name: Luz E. Rodriguez Address: 114Christian Ave. Roanoke, Virginia 24012 Name: I Iglesia de Dios Pentecostal M. I. I Phone Number: I + 1 (540) 819-8433 I E-Mail: lpastoralaurap@netzero.com I Name: I Donald Roy 4438 Pleasant Ridge Road, Condo 302, Roanoke, Virginia 24014 I Phone, Number: I + 1 (540) 904-2277 I E-Mail: 19ideona.ex@gmail.com I /l"" ;I September 23, 2011 WRITrEN NARRATIVE Pastor Emilia Prado chose to change the location of the driveway and parking lot to the left side of the property instead of the right side as originally indicated. The change to the left side, places the new driveway on top of the original hard-packed gravel driveway that has serviced the property for decades. This approach will eliminate the need to build a driveway and parking lot where nothing but grass and trees currently exist. Several very nice mature trees would have to be destroyed. The change wiJ/ also be fClf more cost effective. The elevation was changed to a flat roof versus the peaked roof originally shown plus the exterior walls from brick and stucco to EIFS. The new development plan does not allow for expansion at the rear of the church due to the church being larger than originally planned (6.300 sq. ft.). The need for expansion will probably be ten years into the future. Amended Design Narrative Iglesia de Dios Pentecostal M.1. church on Cove Rd. Sept. 23, 2011 The proposed church structure is to be a one - story pre-engineered wood, frame building containing 6,300 square feet. The occupancy classification. will be A-3, Assembly (2006 VCC). The type of construction will be type IIIB, unprotected Combustible/ Non combustible (2006 VCC). The floor will be concrete slab - on grade. The exterior walls will be split face CMU & EIFS with comer coin. The interior walls will be wood studs with gypsum board sheathing. The roof will be a fully adhered EPDM system. Due to the amended plans, the conventional paved parking lot will be located directly behind the church. The lot will have raised curbing to capture & direct the rain water run off from the church roof and parking lot into a Rainwater Harvesting storage tank located at the left rear comer of the parking lot. The plan eliminates the need for porous asphalt paving with stone recharge bed. The proposed sewer line will connect to existing sewer manhole on Harvest Lane. The building will contain a worship space, toilet room facilities, a . residential- grade kitchen and related support areas (electric room, mechanical space, corridors, storage closets, etc.). Traffic Analysis shows traffic 391 + Approaching from Peters Creek Road. Traffic Analysis shows traffic;490 + Approaching from Hershberger Road. Analysis dated 11-2-2009 Proffered Conditions ' The applicant hereby requests that the following proffered conditions enacted by Ordinance 38951-092010 be amended as they pertain to Official Tax Nos. 644021l'and 6440210: 1. The property will be developed in substantial conformity with the development . plan entitled 'Development Plan for Rezoning Iglesia de Dios Pentecostal M.L' prepared by DEG Design & Services, dated 8/17/2010, 'Iglesia De Dios Pentecostal Ml 'prepared by Kinsey Shane & Associates, dated September 29, 2011, subject to any changes that may be required by the City during Comprehensive Development Plan Review. 2. The church will be developed in substantial conformity with the exterior elevations entitled 'Brick and Stucco Church Building Iglesia de Dios Pentecostal M.I.' prepared by DEG Design & Services, dated 2/2/1 0 'Iglesia De Dios Pentecostal Ml prepared by Kinsey Shane & Associates, dated September 29, 2011. 3. Light levels, generated by the site, shall not exceed 0.5-foot candle measured at property lines. 'tv ~~, > IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of September. 2010. No. 38951-092010. AN ORDINANCE to amend g 36.2-100, Code of the City of Roanoke (1979), as amended, andthe 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, Inglesia De Dios Pentecostal MJ., has made application to the Council of the City Of Roanoke, Virginia ("City Council"), to have the property located at 3454 Cove Road, N.W., Official Tax Nos. 6440211 and 6440210, rezoned 'from R-7, Residential Single Family District, to ill, Institutional District, subject to certain conditions; WHEREAS, the City Planning Commission, after giving proper notice to, a11 concerned as required by ~36.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on September 20, 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-Inglesia De Dios-rezone with proffers,doc 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. nmREFORE, BE IT ORDAlNED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and' the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that Official Tax Nos. 6440211 and 6440210, located at 3454 Cove Road, N. W., be, and is hereby rezoned from R-7, Residential Single Family District, to IN, Institutional District, subject to certain conditions proffered 'by the petitioner, as set forth in the Zoning Amended Application No.2 dated August 19,2010. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. City Clerk. O.lnglesia De Oios-rezone with proffers.doc 2 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times --------------------------------------------------+--~-----~~~~~~~~~~~-~--- PRADO, EMILIA PRADO, EMILIA 3506 VALLEY VIEW AVENUE, W ROANOKE VA 24012 City/County of Roanoke, Commonwealth/State of Vir~ia. Sworn and.. sUbsc.ribed, .before me this __l~~day of NOVEMBER ~011.W1tness my hand and official seal. ~~" ". .-.-- - .',. . '-'. . .' ':. ..~,' Notary Public NOTICE OF PUBLIC HEARING The Council of the City 01 ' ,Roanoke will hold a public hearing on Monday; November 21, 2011, at 7:00 p.m., or as soon ,thereafter as the matter m'ay be heard, in the Council Chamber, fourth floor, in the Noel C. Taylor Municipal Building, 215' . Church AV,enue, S.W., I Roanoke, Virginia, to : consider the following: . i t" "oR'iiquest from'L'uz' E.' .: Rodriquez, 'on behalf off, I. Iglesia de Dios Pentecosta' \ I M. I., to amend Profferec \ I Conditions 1 and 2, as suct. '. proffers are set forth in thE" Zoning Amender Application No.2, filed or. August.19; 2010, anc accepted by City Council bl the adoption of OrdinancE No. 38951-092010, as thel pertain to the parcels 01 land at 3454 Cove Road~ . ,N.W., bearing OfficiaJ"Ta) INos. 6440211 and 16440210, such amendment lof proffers to allow for an ,alternative site layout and 1 building design as set forth in the Amendment of Proffered Conditions Amended Application No.1 dated September 23, 2011. The proposed general usage of the property is a place of worship. .The City's Comprehensive Plan designates the property for multifamily residential use. 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., I Roanoke, Virginia. ! All parties in interest and Icitizens may appear on the above date and be heard on the matter. If you are a person with a disability who needs accommodations' for I this hearing, please contact , the City Clerk's Office, at ' 853-2541, before noon on the Thursday before the date of the hearing listed above. GIVEN under my hand this 2nd day of November, 2011. . Stephanie M. Moon, MMC City Clerk". REFERENCE: 83299~46 12836121 NPH-Iglesia De Dios State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times~World Corporation, which corporation is publisher 6f 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: \\,UII/II, ,\\ LA '" ,...\\ 0--{ ~.... y~ III" PUBLISHED ON: 11/04 11/11 ......_~ ..' f\R'/".~A_' ~ .'\ ..'NOI" 1 .:v-:. 2 $:' flUI3UC ". *:. = : G #7090930: = = "* : RE . NlMISS\ON : <:J:: :: ~ '. NI'I~CO t. :~= - c> . IR.. ~ .. -:. (.'2-. . ..~: .... ~ ". .' .,""..... TOTAL COST: 474.24 .., ~ ..........1<:........... FILED ON: 11/16/11 '",~J!lWEAL\~~\'\"'''' _ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _' ~ '2 ,-'!.I ~,~ _ _ _ _ _ _ _ _ _ _ _ _ _ (2836121) F Authorized ~ Signature: ~~~ -......-.. -"- .---. ...-.={..--...,-..... ..........,.......... --- ---'- Billi~g Services Representative ,:;:_ r: ;') ~-'.: .::-: o ~.~~ ~~ ~. (:; ~- S J B E: g T .. ~';':; :\ '.:;:; ~:C)I\.,EyrBE3 :sor:;-~ ~':l -r r- ~~ (: ';': ~ ~ t:., '.~ ~ :,'~;J:::: l,:~ :;: :~.'. ::-. --:::, :.:' ~;!"S} ':.;' r~ t: .~:' --:~ ': ~-~ "~ ..:' ,", :~,.ri::", ',~<,;; L.. ~ .~ i.. ~~ ~_' r? :; :) ".'.:;?- . " ..... '.,......; ",<..{ \ \' ,>V \I}l\\ \0\ NOTICE OF PUBLIC HEARING The Council of the City of Roanoke will hold a public hearing on Monday, November 21, 2011, 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 Luz E. Rodriquez, on behalf ofIglesia de Dios Pentecostal M. 1., to amend Proffered Conditions 1 and 2, as such proffers are setforth in the Zoning Amended Application No.2, filed on August 19,2010, and accepted by City Council by the adoption of Ordinance No. 38951-092010, as they pertain to the parcels ofland at 3454 Cove Road, N.W., bearing Official Tax Nos. 6440211 and 6440210, such amendment of proffers to allow for an , alternative site layout and building design as set forth in the Amendment of Proffered Conditions Amended Application No.1 dated September 23,2011. The proposed general usage ofthe property is a place of worship. The City's Comprehensive Plan designates the property for multifamily residential use. A copy ofthe application is available for review in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office, at 853-2541, before noon on the Thursday before the date ofthe hearing listed above. GNEN under my hand this -2lld day of Nouember , 2011. Stephanie M. Moon, MMC City Clerk. K:\Talevi\planning commission I \public hearing notices\3454 cove rd (Iglesia de Dios Pentecostal) noph,doc Notice to Publisher: Publish twice in the Roanoke Times on Friday, November 4 and Friday, November 11, 2011. Send affidavit to: Stephanie M. Moon, MMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853-2541 K:\Notices\2011\November\NPH-Iglesia de Dios Pentecostal.doc Send Bill to: Emilia Prado, for Iglesia De Dios Pentecostal, M.1. 3506 Valley View Avenue, N. W. Roanoke, Virginia 24012 (540) 819-8433 " 4 i APPLICANT: LOCATION: REQUEST: AFFIDAVIT Iglesia De Dios Pentecostial M. I. 3454 Cove Road, N. W. Tax Map Nos. 6440211 & 6440210 Amendment of Proffered Conditions )\\ ) '''TO-WIT: ) COMMONWEALTH OF VIRGINIA CITY OF ROANOKE The affiant, Rebecca Cockram, 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 26th day of September, 2011, notices of a public hearing to be held on the 20th day of October, 2011, on the request captioned above to the owner or agent of the parcels as set out below: Tax No. 6440214 6440212 6440122 6440112 Owner and Mailinq Address LAPIERRE MARIE NICOLE 3518 COVE RD NW ROANOKE VA 24017 CARDWELL HARVEY B & DIANNE W 3466 COVE RD NW ROANOKE VA 24017 GREY DANIEL AMADU 3511 COVE RD NW ROANOKE VA 24017 HALE FRANCES V MCKINNEY DORIS V 5622 PENGUIN DR ROANOKE VA 24018 6440113 % ROB HALE HALE B M & FRANCES V 1360 CARLOS DR ROANOKE VA 24019 6440209 PHAN HENRY THANH & HUE T 3448 COVE RD NW ROANOKE VA 24017 6440218 6440215 PUGH JAMES DONALD & SHELBY JANNEY PO BOX 6172 ROANOKE VA 24017 Also Notified: Valerie Garner, Chair 2265 Mattaponi Drive Roanoke, VA 24017 Millie Steele 2235 Countryside Road Roanoke,VA 24017 Cheryl Ramsey 1719 Aspen Street NW Roanoke,VA 24015 ~ CocMO./I'L/ Rebecca Cockram SUBSCRIBED A SWORN to before me, a Notary Public, in the Ci.ty of Roanoke, d y of September, 2011. CANDACE R. MARTIN NOTARY PUBLIC Commonwealth of Virginia : f1eg. 1128207 i~~:.~,?~mission Expires CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov STEPHANIE M. MOON, MMC City Clerk JONATHAN E. CRAFT Deputy City Clerk November 9,2011 CECELIA T. WEBB Assistant Deputy City Clerk Emilia Prado, for IglesiaDe Dios Pentecostal M.1. 3506 Valley View Avenue, N. W. Roanoke, Virginia 24012 Dear Ms. Prado: 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 21, 2011, 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 Iglesia de Dios Pentecostal M. I., to amend Proffered Conditions 1 and 2, as set forth in the Zoning Amended Application No. -2 filed on August 19, 2010, and accepted by City Council by the adoption of Ordinance No. 38951-092010, as they pertain to the parcels of land at 3454 Cove Road, N. W. 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 21 st public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, ~,m.~ Stephanie M. Moon, MMC 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 STEPHANIE M. MOON, MMC City Clerk . November 9,2011 CECELIA T. WEBB Assistant Deputy City Clerk To Adjoining Property Owners Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, November 21, 2011, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the qity. Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on the request of Iglesia de Dios Pentecostal M. I., to amend Proffered Conditions 1 and 2, as set forth in the Zoning Amended Application No.2 filed on August 19, 2010, and accepted by City Council by the adoption of Ordinance No. 38951-092010, as they pertain to the parcels of land at 3454 Cove Road, N. W. 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, ~hJ.~ Stephanie M. Moon, MMC City Clerk SMM:ctw STEPHANIE M. MOON, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail:' c1erk@roanokeva.gov November 22,2011 Alicia Hamed-Moore, MPA, Executive Director Roanoke Valley Student Trouble Center, Inc. d/b/a Trust House 404 Elm Avenue, S. W. Roanoke, Virginia 24016 Dear Ms. Hamed-Moore: JONATHAN E. CRAFT Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk I am enclosing copy of Ordinance No. 39268-112111 exempting from real estate taxation property located at 404 Elm Avenue, S. W., owned by Roanoke Valley Student Trouble Center, Inc., d/b/a Trust House, effective January 1, 2012, if by such time a copy, duly executed by an authorized officer of the Trust House, has been filed with the City Clerk. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 21, 2011, and is in full force and effect on January 1,2012. SMM:jec Enclosure Sincerely, ~ tn, ~ Stephanie M. Moon, MMC City Clerk Alicia Hamed-Moore, MPA, Executive Director November 22, 2011 Page 2 pc: Colbert Boyd, President and Authorized Agent, Roanoke Valley Student Trouble Center Inc., d/b/a Trust House, 404 Elm Avenue, S. W., Roanoke, Virginia 24016 The Honorable Sherman Holland, Commissioner of the Revenue The Honorable Evelyn Powers, City Treasurer Christopher P. Morrill, City Manager William M. Hackworth, City Attorney Susan Lower, Director, Real Estate Valuation R. B. Lawhorn, Budget Analyst CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk CECELlA T. WEBB Assistant Deputy City Clerk STEPHANIE M. MOON, MMC. City Clerk January 18, 2012 The Honorable Sherman A. Holland Commissioner of the Revenue Roanoke, Virginia The Honorable Evelyn W. Powers City Treasurer Roanoke, Virginia Dear Mr. Holland and Ms. Powers: I am forwarding an attested copy of Ordinance No. 39268-112111, which has been properly executed by the Roanoke Valley Student Trouble Center, Inc., d/b/a Trust House for purposes of assessment and collection, respectively, of the service charge established by this Ordinance. Sincerely, ft-:-8. - - 'h,. rno~ ~on,MMC U City Clerk SMM:ew Attachment pc: Alicia Hamed-Moore, MPA, Executive Director, Roanoke Valley Student Trouble Center, Inc., d/b/a Trust House, 404 Elm Avenue, S. W., Roanoke, Virginia 24016 Colbert L. Boyd, Board of Chairman: Roanoke Valley Student Trouble Center Inc., d/b/a Trust House, 404 Elm Avenue, S. W., Roanoke, Virginia 24016 .~f.~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of November, 2011. No. 39268-112111. AN ORDINANCE exempting from real estate property taxation certain property of Roanoke Valley Student Trouble Center, Inc., d/b/a Trust House, located in the City of Roanoke, an organization devoted exclusively to charitable. or benevolent purposes on a non-profit basis; providing for an effective date; and dispensing with the second reading by title of this ordinance. WHEREAS, Roanoke Valley Student Trouble Center, Inc., d/b/a Trust House, (hereinafter "the Applicant"), has petitioned this Council to exempt certain real property of the Applicant from taxation pursuant to Article X, Section 6(a)(6) ofthe Constitution of Virginia; WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Applicant's petition was held by Council on November 21,2011; WHEREAS, the provisions of subsection B of Section 58.1-3651, Code of Virginia (1950), as amended, have been examined and considered by the Council; WHEREAS, the Applicant agrees that the real property to be exempt from taxation is certain real estate, including the land and any building located thereon, identified by Roanoke City Tax Map No. 1020611, commonly known as 404 Elm Avenue (the "Property"), and owned by the Applicant, and providing that the Property shall be used by the Applicant exclusively for charitable or benevolent purposes on a non-profit basis; and . WHEREAS, in consideration of Council's adoption of this Ordinance, the Applicant has voluntarily agreed to pay each year a service charge in an amount equal to twenty percent (20%) of the City of Roanoke's real estate tax levy, which would be applicable to the Property were the Property not exempt from such taxation, for so long as the Property is exempted from such K:\Measures\tax exempt Roanoke VAlley Student Trouble Center Trust House Property II II.doc taxation. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: I. Council classifies and designates Roanoke Valley Student Trouble Center, Inc., d/b/a Trust House, as a charitable or benevolent organization within the context of Section 6(a)(6) of Article X of the Constitution of Virginia, and hereby exempts from real estate taxation certain real estate, identified by Roanoke City Tax Map No. 1020611, commonly known as 404 Elm Avenue, and owned by the Applicant, which property is used exclusively for charitable or benevolent purposes on a non-profit basis; continuance of this exemption shall be contingent on the continued use of the property in accordance with the purposes which the Applicant has designated in this Ordinance. 2. In consideration of Council's adoption of this Ordinance, the Applicant agrees to pay to the City of Roanoke real estate tax levy, on or before October 5 of each year a service charge in an amount equal to twenty (20%) percent of the City of Roanoke's real estate tax levy, which would be applicable to the Property, were the Property not exempt from such taxation, for so long as the Property is exempted from such taxation. 3. This Ordinance shall be in full force and effect on January 1, 2012, if by such time a copy, duly executed by an authorized officer ofthe Applicant, has been filed with the City Clerk. 4. The City Clerk is directed to forward an attested copy of this Ordinance, after it is properly executed by the Applicant, to the Commissioner of the Revenue and the City Treasurer for purposes of assessment and collection, respectively, of the service charge established by this Ordinance, and to Colbert Boyd, President, and the authorized agent of Roanoke Valley Student Trouble Center, Inc., d/b/a Trust House. 5. Pursuant to Section 12 of the City Charter, the second reading of this ordinance K:\Measures\tax exempt Roanoke V Alley Student Trouble Center Trust House Property II Il.doc by title is hereby dispensed with. ATTEST: "rrJ.~~ City Clerk. ACCEPTED, AGREED TO AND EXECUTED by Roanoke V alley Student Trouble Center, Inc., d/b/a Trust House, this ~aY O~Q ~~ , 2011. .UR..VV\ . K:\Measures\tax exempt Roanoke VAlley Student Trouble Center Trust House Property II II.doc CITY COUNCIL AGENDA REPORT To: Meeting: Subject: Honorable Mayor and Members of City Council November 21,2011 Tax Exemption Request - RoanokeValley Student Trouble Center, Inc., d/b/a Trust House Background: Roanoke Valley Student Trouble Center, Inc. d/b/a Trust House, a Virginia, non- stock, not for profit corporation owns certain real property known as tax map # 1020611 located at 404 Elm Avenue, SW, Roanoke. The organization desires the property to be designated as exempt from real estate taxes pu rsuant to the provisions of the Code of Virginia. The organization currently operates a homeless shelter at the above location. It provides up to 27 beds for homeless veterans, families, and individuals each night. In addition to shelter, it provides crisis stabilization, weekly case management, and weekly life skills education and referrals for all residents accepted into their program. Its goal is to move individuals beyond crisis to stabilization and permanent housing. At present, ' annual real estate taxes due on the parcel are $3,839 on a total assessed value of $322,600. Considerations: On May 19, 2003, City Council approved a revised policy and procedure in connection with requests from non-profit organizations for tax exemption of certain property in the City by Resolution 36331-051903, with an effective date of January 1, 2003. Based on this policy and procedures, Roanoke Valley Student Trouble Center, Inc. has provided the necessary information required for applications for exemptions that would take effect January 1,2012. As noted above, the assessed value of the real property at 404 Elm Avenue is currently $322,600 with annual taxes due of $3,839. The organization is current on its taxes. In lieu of the $3,839, the organization would agree to pay to the City an annual service charge equal to twenty percent of the tax levy on the parcel for as long as the exemption continues. In this case, the service . charge amount would be $768. Consequently, the City would be foregoing $3,071 in annual real estate revenue. Commissioner of the Revenue, Sherman Holland,' has determined that Roanoke Valley Student Trouble Center, Inc. is currently not exempt from paying real estate taxes by classification or designation under the Code of Virginia. The IRS recognizes the organization as a 501 (c)(3) tax-exempt organization. Notification of a pu blichearing to be held November 21, 2011, was duly advertised in the Roanoke Times. Recommended Action: Authorize Roanoke Valley Student Trouble Center, Inc.'s exemption from real estate taxation pursuant to Article X, Section 6 (a) 6 of the Constitution of Virginia, effective January 1, 2012, if the organization agrees to pay the subject service charges on the real estate by that date. ristopher P. Morrill City Manager Distribution: Honorable Sherman A. Holland, Commissioner of the Revenue Honorable Evelyn W. Powers, City Treasurer Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Assistant City Manager for Operations Amelia C. Merchant, Director of Management and Budget Susan S. Lower, Director of Real Estate Valuation 2 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times --------------------------------------------------+~---~--------~-----~---- TRUST HOUSE TRUST HOUSE 404 ELM AVENUE, W ROANOKE VA 24016 REFERENCE: 84315826 12841633 NPH-Trust House 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: U-:' Ct") (=.:J I~? ~ I "'::1" City/County of RoanO:~e, Commonwealth/State of I vi rg;ip,i a . Sworn an~subscribed bef,o.re me, this , __l_Ll\:'Q.ay of NOVEM~~R 2011 ~ Witness.,my hand and' official seal. ~'i . '." I , I , I I , , I I , , I , , PUBLISHED ON: 11/11 \\\\1"11111/11 ...\ ....1 A ' A I, I, .........." L...t'1rA_" ,.... ~v.........'''7.... " ~"'~~"'NOTARY ....1~-:.... = l:l:J :' PUBLIC ", ~ = :' REG. #7090930 ~ "* = : "*:. MY COMMISSION .:::!: ~c> -'. j~~~5~2 .. 0_ . 0 ,0 ... .., '':?/!~ ". ..' ~ ...... ',''70 . , . , . . . . . ~ ,'" 'I" /1Ii'YEAL1\-\ \)~ \\" "11/1"1111'\\\ TOTAL COST: FILED ON: 190.32 11/11/11 )r' : NOnCE OF PUBLIC e j HEARING 1 Notice is hereby given that i. I the City Council of the City ; of Roanoke will hold a \ public hearing at its regular: ~ meetin'g to'be held on i November 21, 2011, , commencing at 7:00 p.m.,I' in the Council Chambers, 14th Floor, Noel C. Taylor . Municipal Building, 215 , I Church Avenue, S.W.. i Roanoke, Virginia, on the .' question of adoption of, an I ." ordinance pursuant to I ~58.1-3651, Code of I Virginia (1950), as; amended, approving the: request of Roanoke Valley Student Trouble Center, Inc. . d/b/a Trust House for' designation of its real property as exempt from i taxation. I The assessed value of the : applicant's real property I located at 404 Elm Avenue, , and known as Tax Map No. , 1020611, is currently $322,600 and real estate , taxes of $3,839 were paid In the most recent year. The i loss of revenue will be j $3,071 annually after a . 20% service charge is levied, I in, lieu ,of real ~state taxes. . ,) CitIZens shallha've the. opportunity to be heard and I express their ,opinions on I this matter. , i If you are a person with a i l disabi.lity who needs I accommodations for this' \ public hearing, contact the I City Clerk's Office, I 853-2541, by 12:00 noon , on Thursday, November 17, ( 2011. f GIVEN under my hand I this 7th day of November, ~ 2011. ' I Stephanie M. Moon, City Clerk. (12841633) --------------------------------------~-----------+------------------------ Billing Services Representative ~~\\ NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council ofthe City of Roanoke will hold a public hearing at its regular meeting to be held on November 21,2011, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, on the question of adoption of an ordinance pursuant to ~58.1-3651, Code of Virginia (1950), as amended, approving the request of Roanoke Valley Student Trouble Center, Inc. d/b/a Trust House for designation of its real property as exempt from taxation. The assessed value of the applicant's real property located at 404 Elm Avenue, and known as Tax Map No. 1020611, is currently $322,600 and real estate taxes of$3,839 were paid in the most recent year. The loss of revenue will be $3,071 annually after a 20% service charge is levied in lieu of real estate taxes. Citizens shall have the opportunity to be heard and express their opinions on this matter. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office, 853-2541, by 12:00 noon on Thursday, November 17,2011. GIVEN under my hand this 7thday of November ,2011. Stephanie M. Moon, City Clerk. K\MEASURES\T AX EXEMPT PH NOTICE TRUST HOUSE 11 11.DOC Notice to Publisher: Publish once in the Roanoke Times on Friday, November 11, 2011. Send affidavit to: Stephanie M. Moon, MMC, City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 (540) 853-2541 Send Bill to: Alicia Hamed-Moore, MPA Executive Director Trust House 404 Elm Avenue, S. W. Roanoke, Virginia 24016 (540) 344-4691 K:INOTICESI20 111NOYEMBERINPH- TRUST HOUSE-TAX EXEMPT,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 JONATHANE. CRAFf Deputy City Clerk STEPHANIE M. MOON, MMC City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk October 3, 2011 Christopher P. Morrill City Manager Roanoke, Virginia Dear Mr. Morrill: At a regular meeting of the Council of the City of Roanoke which was held on Monday, May 19,2003, Resolution No. 36331-051903 was adopted with regard to a new policy and procedu re for processing requests from non-profit organizations to have property exempted from taxation, pursuant to Article X, Section 6(a)(6), Constitution of Virginia, and repealing Resolution No. 36148- 120202 adopted on December 2,2002. I am attaching copy of a petition, which was filed in the City Clerk's Office on September 30, 2011, by Roanoke Valley Student Trouble Center, Inc., d/b/a Trust House, non-stock, not-for-profit corporation, requesting exemption from taxation of real property located at 404 Elm Avenue, S. W., pursuant to Section 58.1-3651, Code of Virginia (1950), as amended. Petitions forwarded by the City Clerk to the City Manager by April 1 5 for evaluation and recommendation to City Council will have an effective date of July 1 st. Petitions forwarded by October 15th will have an effective date of January 1 st. Sincerely, ~mlY)~ Stephanie M. Moon, MML City Clerk SMM:ew Attachment K:\Tax Exempt\TRUST House 404 Elm Ave Oct 201 I.doc Christopher P. Morrill October 3, 2011 Page 2 pc: Alicia Hamed-Moore, MPA, Executive Director, Trust House, 404 Elm Avenue, S. W., Roanoke, Virginia 24016 The Honorable Sherman A. Holland, Commissioner of the Revenue William M. Hackworth, City Attorney Susan S. Lower, Director, Real Estate Valuation R. B. Lawhorn, Budget Management Analyst, Office of Management and Budget K:\Tax Exempt\TRUST House 404 Ehn Ave Oct 20 1 1. doc VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE RE: PETITION FOR EXEMPTION FROM TAXATION OF CERTAIN PROPERTY PURSUANT TO ARTICLE X, SECTION 6(a)(6) OF THE CONSTITUTION OF VIRGINIA TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF ROANOKE: la. Your petitioner, Roanoke Valley Student Trouble Center, Inc. d/b/a Trust House, a Virginia, non-stock, not for profit corporation owns certain real property, located at 404 Elm Avenue, SW in the City of Roanoke, Virginia, which property is City of Roanoke Tax Map ID #1020611, with a total assessed value of $322,600.00 and a total of $3,838.94 in real property taxes that were paid or would have been paid in the most recent year, desires to be an organization designated pursuant to the provisions of Sec. 58.1-3651, of the Code of Virginia, as amended, in order that the referenced real property, to be used exclusively for charitable and benevolent purposes in sheltering homeless veterans, individuals and families, be exempt from taxation under the provisions of Article X, Section 6(a)(6) of the Consti~ution of Virginia so long as your Petitioner is operated not for profit and the property so exempted is used in accordance with the purpose for which the Petitioner is classified. 1 b. Roanoke Valley Student Trouble Center, Inc. d/b/a Trust House is not seeking exemption from personal property at this time, so Section 1 b. is not applicable. 2. Your Petitioner agrees to pay to the City of Roanoke, an annual service charge in an amount equal to twenty percent (20%) of the City of Roanoke tax levy, which would be applicable to the real estate, were our organiza90n not be tax exempt, for as long as this exemption continues. 3. Your Petitioner, iflocated within a service district, agrees to pay to the City of Roanoke an annual service charge equal to the additional service district tax that would be levied for as long as this exemption continues. ' 4. Your Petitioner agrees to provide. information to the Director of Real Estate Valuation upon request to allow a. trienrtialreview of the tax exempt status of your Petitioner. The following questions are submitted for consideration: 1. (Q): Whether the organization is exempt from taxation pursuant to Section 501 (c) of the Internal Revenue Code of 1954. 1 (A): Your Petitioner was granted exemption from taxation pursuant to Section 501 (c) of the Internal Revenue Code of 1954 on December 8,1970. 2. (Q): Whether a current alcoholic beverage license for serving alcoholic beverages has been issued by the Alcohol Beverage Control Board to such organization for use on such property. (A): No 3. (Q): Whether any director, officer or employee of the organization has been paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer or employee actually renders. (A): No 4. (Q): Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants. As used in this subsection, donations shall include the providing of personal services or the contribution of in-kind or other material services. (A): Clients served by Trust House benefit from funds received from donations, contributions, and local, state and federal grants. 5. (Q): Whether the organization provides services for the common good of the public. (A): Your Petitioner provides services for the common good of the public in as much as it provides nightly shelter and services for homeless veterans, individuals and families experiencing homelessness. 6. (Q): Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office. (A): No 7. (Q): Whether any rule, regulation, policy or practice of the organization discriminates on the basis of religious conviction, race, color, sex or national ongm. (A): No 8. (Q): Whether there is a significant revenue impact to the locality and its taxpayers of exempting the property. (A): No 9. (Q): Any other criteria, facts and circumstances, which the governing body deems pertinent to the adoption of such ordinance. 2 (A): One of the primary goals of Trust House is to help homeless individuals stabilize and become productive, tax paying members of our community. With an exemption from our real estate tax, Trust House would have additional resources to meet this goal. THEREFORE, your Petitioner, Roanoke Valley Student Trouble Center, Inc. d/b/a Trust House, respectfully requests to the Council of the City of Roanoke that this real property of your Petitioner be designated exempt from taxation so long as your Petitioner is operated not for profit and the property so exempt is used for the particular purposes of providing nightly shelter and services for homeless veterans, individuals and families experiencing homelessness. Respectfully submitting this 30th day of September 2011. By: 3 DEPARTMENT OF MANAGEMENT & BUDGET Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 354 Roanoke, Virginia 24011 540.853.6800 fax: 540.853.2773 November 10, 2011 Ms. Alicia Hamed-Moore, MPA Executive Director Roanoke Valley Student Trouble Center, Jne. d/b/a Trust House 404 Elm Avenue, SW Roanoke, VA 24016 Dear Ms. Hamed-Moore: The Roanoke Valley Student Trouble Center, Ine. filed a petition in the City Clerk's Office on September 30, 2011 requesting exemption from taxation on real property located at 404 Elm Avenue, SW. The real property is identified as tax map number 1020611. Pursuant to the requirements of the Virginia Code, the City of Roanoke is required to hold a public hearing if it wishes to consider a petition for a tax exemption. At a regular session of the Roanoke City Council held on Monday, November 7, 2011, the Council approved a request of the City Manager to hold a public hearing on Monday, November 21, 2011, at 7:00 p.m., or as soon thereafter as the matter may be heard, to receive citizen comments on the request. Notices of a public hearing with regard to the matter will be published in the Roanoke Times. Your organization will be. billed for the amount incurred for publishing the notices. I am forwarding you a copy of a Council Report dated November 21, 2011, from the City Manager's Office addressed to the Mayor and Members of City Council regarding the petition. Although we are recommending authorization for exemption from real estate taxation on the property, please be advised that the final decision with regard to the exemption rests with City Council. Council will also consider citizen comments from the public hearing. It is suggested that a representative from the organization be present at the public hearing on November 21 st to respond to questions that may be raised regarding the petition. The session will be held in the City Council Chambers, Room 450, fourth floor, Noel C. Taylor Municipa..l Building, 21 5 Church Avenue, S. W. If youhav~ ~l1yquestiohs r@gar<jingth!~ information, please feel free to call meat.540';853~1643. Sincerely, t6q~). R. B. Lawhorn, Jr. Budget/Management Analyst Department of Management and Budget Enclosure c: VStephanie M. Moon, City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk STEPHANIE M. MOON, CMC City Clerk CECELIA T. WEBB Assistant Deputy City Clerk April 14,2011 Christopher P. Morrill City Manager Roanoke, Virginia Dear Mr. Morrill: At a regular meeting of the Council of the City of Roanoke which was held on Monday, May 19,2003, Resolution No. 36331-051903 was adopted with regard to a new policy and procedure for processing requests from non-profit organizations to have property exempted from taxation, pursuant to Article X, Section 6(a)(6), Constitution of Virginia, and repealing Resolution No. 36148- 120202 adopted on December 2,2002. I am attaching copy of a petition, which was filed in the City Clerk's Office on April 14, 2011, by Roanoke Valley Student Trouble Center, Ine., d/b/a Trust , House, non-stock, not-for-profit corporation, requesting exemption from taxation of real property located at 404 Elm Avenue, S. W., pursuant to Section 58.1-3651, Code of Virginia (1950), as amended. Petitions forwarded by the City Clerk to the City Manager by April 1 5 for evaluation and recommendation to City Council will have an effective date of Ju Iy 1 st. Petitions forwarded by October 15th will have an effective date of January 1 st. Sincerely, ~ 4L.;.,.. 'rn .M ~ Stephanie M. Moon, ~C City Clerk SMM:ew Attachment K:\Tax Exempt\TRUST House 404 Ehn Ave April 14 20ll.doc Christopher P. Morrill April 14, 2011 Page 2 pc: Ms. Alicia Hamed-Moore, MPA, Executive Director, Trust House, 404 Elm Avenue, S. W., Roanoke, Virginia 24016 J. Cason Newbern, President Board of Directors, Trust House, 404 Elm Avenue, S. W., Roanoke, Virginia 24016 The Honorable Sherman A. Holland, Commissioner of the Revenue William M. Hackworth, City Attorney Susan S. Lower, Director, Real Estate Valuation R. B. Lawhorn, Budget Management Analyst, Office of Management and Budget K:\Tax Exempt\TRUST House 404 Elm Ave April 14 2011.doc VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE RE: PETITION FOR EXEMPTION FROM TAXATION OF CERTAIN PROPERTY PURSUANT TO ARTICLE X, SECTION 6(a)(6) OF THE CONSTITUTION OF VIRGINIA TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF ROANOKE: 1a. Your petitioner, Roanoke Valley Student Trouble Center, Inc. d/b/a Trust House, a Virginia, non-stock, not for profit corporation owns certain real property, located at 404 Elm Avenue, SW in the City of Roanoke, Virginia, which property is City of ROalloke Tax Map ID #1020611, with a total assessed value of $322,600.00 and a total of $3,838.94 in real property taxes that were paid or would have been paid in the most recent year, desires to be an organization designated pursuant to the provisions of Sec. 58.1-3651, of the Code of Virginia, as amended, in order that the referenced real property, to be used exclusively for charitable and benevolent purposes in sheltering homeless veterans, individuals and families, be exempt from taxation under the provisions of Article X, Section 6(a)(6) of the Constitution of Virginia so long as your Petitioner is operated not for profit and the property so exempted is used in accordance with the purpose for which the Petitioner is classified. lb. Roanoke Valley Student Trouble Center, Inc. d/b/a Trust House is not seeking exemption from personal property at this time, so Section 1 b. is not applicable. 2. Your Petitioner agrees to pay to the City of Roanoke, an annual service charge in an amount equal to twenty percent (20%) ofthe City of Roanoke tax levy, ~hich would be applicable to the real estate, were our organization not be tax exe~pt, for as long as this exemption continues. :;:2 ..," ~ 3. Your Petitioner, if located within a service district, agrees to pay to the Citf-~of Roanoke an annual service charge equal to the additional service district ta~~hat would be levied for as long as this exemption continues. ;:? J::::. -r,;J 4. Your Petitioner agrees to provide information to the Director of Real Estat~~~ Valuation upon request to allow a triennial review of the tax exempt status:&..fyour Petitioner. The following questions are submitted for consideration: 1. (Q): Whether the organization is exempt from taxation pursuant to Section 501 (c) of the Internal Revenue Code of 1954. 1 (A): Your Petitioner was granted exemption from taxation pursuant to Section 501 (c) of the Internal Revenue Code of 1954 on December 8,1970. 2. (Q): Whether a current alcoholic beverage license for serving alcoholic beverages has been issued by the Alcohol Beverage Control Board to such organization for use on such property. (A): No 3. (Q): Whether any director, officer or employee of the organization has been paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer or employee actually renders. (A): No 4. (Q): Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, .or local, state or federal grants. As used in this subsection, donations shall Include the providing of personal services or the contribution of in-kind or other material services. (A): Clients served by Trust House benefit from funds received from donations, contributions, and local, state and federal grants. 5. (Q): Whether the organization provides services for the common good of the public. (A): Your Petitioner provides services for the common good of the public in as much as it provides nightly shelter and services for homeless veterans, individuals and families experiencing homelessness. 6. (Q): Whether a substantial part ofthe activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office. (A): No 7. (Q): Whether any rule, regulation, policy or practice of the organization discriminates on the basis of religious conviction, race, color, sex or national origin. (A): No 8. (Q): Whether there is a significant revenue impact to the locality and its taxpayers of exempting the property. (A): No 9. (Q): Any other criteria, facts and circumstances, which the governing body deems pertinent to the adoption of such ordinance. 2 (A): One of the primary goals of Trust House is to help homeless individuals stabilize and become productive, tax paying members of our community. With an exemption from our real estate tax, Trust House would have additional resources to meet this goal. THEREFORE, your Petitioner, Roanoke Valley Student Trouble Center, Inc. d/b/a Trust House, respectfully requests to the Council of the City of Roanoke that this real property of your Petitioner be designated exempt from taxation so long as your Petitioner is operated not for profit and the property so exempt is used for the particular purposes of providing nightly shelter and services for homeless veterans, individuals and families experiencing homelessness. Respectfully submitting this 14th day of April 2011. J. Cason Newbern, President, Board of Directors 3 COMMISSIONER OF THE REVENUE CITY OF ROANOKE SHERMAN A. HOLLAND Commissioner GREGORY S. EMERSON Chief Deputy April 12, 2011 Ms. Alicia Hamed-Moore, MP A Executive Director Trust House 404 Elm Ave., SW Roanoke, VA 24016 Re: Exemption of property located at 404 Elm Ave., SW Roanoke Valley Student Trouble Center, Inc. d/b/a Trust House Parcel No. 1020611 Dear Ms. Hamed-Moore: We received your letter dated March 22, 2010 requesting exemption from real estate taxes on the above captioned property due to your non-profit status as a charitable agency. The above parcel is currently being taxed by the City of Roanoke for real estate taxes for the 2010-11 tax year. This property is not eligible for exemption by classification or designation, however, you may contact the City Clerk's Office at 853- 2541 for information concerning applying for an exemption for non-profit organizations through City Council. I am forwarding a copy of this letter, as well as a copy of your original letter and enclosures, to the Department of Management and Budget. Should you have any additional questions please do not hesitate to call. Sincerely, ~~ Sherman A. Holland Commissioner of the Revenue SAH/jec cc: RB. Lawhorn, Dept. of Management and Budget 215 Church Avenue SW, Room 251 * Roanoke, Virginia 24011 Phone (540) 853-2521 * Fax (540) 853-1115 * wWl1'.roanokegov.com trust house Offering Stabilization and Growth to Homeless Veterans Families and Individuals 404 Elm Avenue, SW Roanoke, Virginia 24016 Shelter/Intake: 540-344-8060 Office 540-344-4691 FAX 540-344-4695 jVWW. trusthouse.us Alicia Hamed-Moore Executive Director Board of Directors J. Cason Newbern President Tim Braun Vice President John Lusher Secretary/Treasurer Sam Lionberger, III Eddie Martin Mark Cathey Rebecca Stallard Frank Green United Way of Roanoke Valley Portner Agency Celebrating 40 Years of Community Service March 22, 2011 Mr. Sherman Holland Commissioner of the Revenue 215 Church Avenue, SW Noel C. Taylor Municipal Building Room 251 Roanoke, VA 24011 Subject: Real Estate Tax Exemption Trust Roanoke Valley Trouble Center, d/b/a Trust House Tax ID#: 23-7064477 Dear Mr. Holland: I am writing to respectfully request that Trust House be exempted from our City of Roanoke real estate taxes for our property located at 404 Elm Avenue, SW Roanoke, VA 24016 due to our non-profit status as a charitable agency. Trust House received its 501 (c )(3) status from the Internal Revenue Service as a charitable and educational organization on December 8, J970. I have enclosed a copy of our determination letter for your review. . Trust House currently operates a homeless shelter at our above-mentioned property. We provide up to 27 beds for homeless veterans, families and individuals each night. In addition to shelter, Trust House provides crisis stabilization, weekly case management, weekly life skills education and referrals for all residents accepted to our program. Our goal is to move individuals beyond crisis to stabilization and permanent housing. Thank you in advance for your review and consideration. Sincerely, Alicia Hamed-Moore, MP A Executive Director Encl: IRS Tax Exemption Determination for Trust House STEPHANIE M. MOON, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 '-" Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@roanokeva.gov November 22,2011 Ms. Katherine Chittum, Executive Director The Grandin Theatre Foundation, Inc. 1310 Grandin Road, S. W. Roanoke, Virginia 24015 Dear Ms. Chittum: r JONATHAN E. CRAFT Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk I am enclosing copy of Ordinance No. 39269-112111 exempting from taxation real and personal properties located at 1310 Grandin Avenue Road, S. W., owned by Grandin Theatre Foundation, Inc., along with Silver Screen, LLC, if by such time a copy, duly executed by an authorized officer of the Grandin Theatre Foundation, Inc. and Silver Screen, LLC, has been filed with the City Clerk. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 21, 2011, and is in full force and effect on January 1, 2012. SMM:jec Enclosure Sincerely, ~~.~ Stephanie M. Moon, MMC City Clerk Ms. Katherine Chittum November 22,2011 Page 2 pc: The Honorable Sherman Holland, Commissioner ofthe Revenue The Honorable Evelyn Powers, City Treasurer Christopher P. Morrill, City Manager William M. Hackworth, City Attorney Susan Lower, Director, Real Estate Valuation R. B. Lawhorn, Budget Management Analyst, Office of Management and Budget CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@roanokeva.gov JONATHAN E. CRAFT Deputy City Clerk CECELIA T. WEBB Assistant Deputy City Clerk STEPHANIE M. MOON, MMC City Clerk January 18, 2012 The Honorable Sherman A. Holland Commissioner of the Revenue Roanoke, Virginia The Honorable Evelyn W. Powers City Treasurer Roanoke, Virginia Dear Mr. Holland and Ms. Powers: I am forwarding an attested copy of Ordinance No. 39269-112111, which has been properly executed by the Grandin Theatre -Foundation, Inc., and Silver Screen, LLC, for purposes of assessment and collection, respectively, of the service charge established by this Ordinance. Sincerely, ~o~~~ City Clerk '". SMM:ew Attach ment pc: Katherine Chittum, Executive Director, Grandin- Theatre Foundation, Inc., 1310 Grandin Road, S. W., Roanoke, Virginia 2401 5 W f-\\~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of November, 2011. No. 39269-112111. AN ORDINANCE exempting from real estate property taxation certain real property, and . exempting from personal property taxation certain personal property, located in the City of Roanoke owned by Grandin Theatre Foundation, Inc., and Silver Screen, LLC, the former being an organization devoted exclusively to charitable or benevolent purposes on a non-profit basis; providing for an effective date; and dispensing with the second reading by title of this ordinance. WHEREAS, Grandin Theatre Foundation, Inc.,' and Silver Screen, LLC (hereinafter "the Applicant"), have petitioned this Council to exempt certain real property of the Applicant from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia; WHEREAS, the Grandin Theatre Foundation, Inc., has petitioned this Council to exempt certain personal property of the Applicant from taxation pursuant to Article X, Section 6(6) of the Constitution of Virginia; WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Applicant's petition was held by Council on November 21,2011; WHEREAS, the provisions of subsection B of Section 58.1-3651, Code of Virginia (1950), as amended, have been examined and considered by the Council; WHEREAS, the Applicant agrees that the real property to be exempt from taxation is certain real estate, including the land and any building located thereon, identified by Roanoke City Tax Map No. 1330502, commonly known as 1310 Grandin Road, S.W., (the "Property"), and owned by the Applicant, shall be used by the Applicant exclusively for charitable or benevolent purposes on a non-profit basis; WHEREAS, in consideration of Council's adoption of this Ordinance, the Applicant has K:\Measures\tax exempt Grandin Theatre Silver Screen LLC land and personal property 11 11.doc voluntarily agreed to pay each year a service charge, in an amount equal to twenty percent (20%) of the City of Roanoke's real estate tax levy, which would be applicable to the Property were the Property not exempt from such taxation, for so long as the Property is exempted from such taxation; and WHEREAS, the Applicant agrees that the personal property to be exempt from taxation is certain personal property, including four theatre screens, four projection/sound equipment systems, fixed seating and various concession items such as popcorn machines and point of sale machines which shall be used by the Applicant exclusively for charitable purposes on a non- profit basis. THEREFORE, BE IT ORDAINED by the Council ofthe City of Roanoke as follows: 1. Council classifies and designates the Grandin Theatre Foundation, Inc., as a charitable or benevolent organization within the context of Sections 6(a)(6) and 6(6) of Article X of the Constitution of Virginia, and hereby exempts from real estate taxation certain real. estate, including the land and any building located thereon, identified by Roanoke City Tax Map No. 1330502, commonly known as 1310 Grandin Road, S.W., and owned by the Applicant, which property is used exclusively for charitable or benevolent purposes on a non-profit basis; continuance of this exemption shall be contingent on the continued use of the property III accordance with the purposes which the Applicant has designated in this Ordinance. 2. In consideration of Council's adoption of this Ordinance, the Applicant agrees to pay to the City of Roanoke on or before October 5 of each year a service charge in an amount equal to twenty (20%) percent of the City of Roanoke's real estate tax levy, which would be applicable to the Property, were the Property not exempt from such taxation, for so long as the Property is exempted from such taxation. 3. Council hereby exempts from personal property taxation certain personal K:\Measures\tax exempt Grandin Theatre Silver Screen LLC land and personal property 11 11.doc . w., .;. property, including four theatre screens, four projection/sound equipment systems, fixed seating and various concession items such as popcorn machines and point of sale machines owned by the Applicant, which property is used exclusively for charitable purposes on a non-profit basis; continuance of this exemption shall be contingent on the continued use of the personal property in accordance with the purposes which the Applicant has designated in this Ordinance. 4. This Ordinance shall be in full force and effect on January 1, 2012, if by such time a copy, duly executed by an authorized officer of the Applicant, has been filed with the City Clerk. 5. The City Clerk is directed to forward an attested copy of this Ordinance, after it is properly executed by the Applicant, to the Commissioner of the Revenue and the City Treasurer for purposes of assessment and collection, respectively, of the service charge established by this Ordinance, and to Katherine Chittum, Executive Director Grandin Theatre Foundation, Inc. 6. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: . h~M.~ City Clerk. ACCEPTED, AGREED TO AND EXECUTED by Grandin Theatre Foundation, Inc., and Silver Screen, LLC, this ~ay of -.J ~ ' 20() 2- . Grandin Theatre Foundation, Inc. By: .~.~~.~ Name: vf..J €-CLJ1. "R Le..v L"l'\ Title: P.""L.l)~~.ct; ~I~ '~ Silver Screen, LLC By: ~~I<.~ N.ame: . .j e..-a n. R, Le.v ,'n . Title: f>~ I ~ T72'",-~, ~ K:\Measures\tax exempt Grandin Theatre Silver Screen LLC land and personal property 11 11.doc CITY COUNCIL AGENDA REPORT To: Meeting: Subject: Honorable Mayor and Members of City Council November 21, 2011 Tax Exemption Request - Grandin Theatre Foundation, Inc. Background: Grandin Theatre Foundation, Inc., a Virginia, non-stock, not for profit corporation and Silver Screen, LLC, a Virginia limited liability company, wholly owned by the Grandin Theatre Foundation, own certain real property located at 1310 Grandin Road, SW, Roanoke known as tax map # 1330502. Grandin Theatre Foundation, Inc. also owns certain personal property at that same location. The organization desires the property to be designated as exempt from real estate and personal property taxes pursuant to the provisions of the Code of Virginia. The organization maintains a viable historic theatre that enriches the area's cultural life through a mix of foreign and independent films as well as more mainstream film. It also has cooperated with other area institutions such as Roanoke City Schools, local retirement communities, and neighborhood groups to provide special events free of charge to the public. At present, annual real estate taxes due on the parcel are $12,175 on a total assessed value of $1 ,023,100. Annual personal property taxes on equipment are $1,423 on a total assessed value of $41 ,232. The Foundation is current on both its real estate and personal property taxes. Considerations: On May 19, 2003, City Council approved a revised policy and procedure in connection with requests from non-profit organizations for tax exemption of certain property in the City by Resolution 36331-051903, with an effective date of January 1, 2003. Based on this policy and procedures, the Grandin Theatre Foundation, Inc., and Silver Screen, LLC have provided the necessary information. required for applications for exemptions that would take effect January 1,2012. As noted above, the assessed value of the real property at 1310 Grandin Road is currently $1,023,100 with annual taxes due of $12,175. In lieu of the $12,175, the organization would agree to pay to the City an annual service charge equal to ~wenty percent of the tax levy on the parcel for as long as the exemption continues. In this case, the service charge amount would be $2,435. Consequently, the City would be foregoing $9,740 in annual real estate revenue. There is no service charge levied on personal property exempted from personal property tax; it is 100% exempt. Based on this current year's taxes, the City would be foregoing $1,423 in personal property revenue. Commissioner of the Revenue, Sherman Holland, has determined that the Grandin Theatre Foundation, Inc. is not currently exempt from paying real estate and personal property taxes by classification or designation under the Code of Virginia. The IRS recognizes the Foundation as a 50l(c)(3) tax-exempt organization. Notification of a public hearing to be held November 21, 2011, was duly advertised in the Roanoke Times. It should be noted that on March 19, 2002, the Grandin Theatre Foundation, Inc., entered into an agreement with the City of Roanoke by which the City agreed to grant to the Foundation the sum of $500,000 over the term of five years to enable the Foundation to undertake the acquisition, renovation, and operation of the Grandin Theatre provided that the Foundation matched those funds and continued to pay real estate taxes. Both parties adhered to the terms of the agreement with the City making final payment to the Foundation in 2006. There are several other non-profit organizations that have received funding in the past from the City and have also been granted tax exempt status. Recommended Action: . Authorize for Grandin Theatre Foundation, Inc., and Silver Screen, LLC, an exemption from real estate and personal property taxation pursuant to Article X, Section 6 (a) 6 of the Constitution of Virginia, effective January 1,2012, if the organization agrees to pay the subject service charges on the real estate by that date. hristopher P. Morrill City Manager Distribution: Honorable Sherman A. Holland, Commissioner of the Revenue Honorable Evelyn W. Powers, City Treasurer Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Assistant City Manager for Operations Amelia C. Merchant, Director of Management and Budget Susan S. Lower, Director of Real Estate Valuation 2 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times --------------------------------------------------+~----~~~---~-~---~------ GRANDIN THEATRE FOUNDATION GRANDIN THEATRE FOUNDATION 1310 GRANDIN ROAD, W ROANOKE VA i401S Public NOTICE OF PUBLIC HEARING' I Notice is hereby given that the City Council of the City,- .of Roanoke will hold a public hearing at its regular 'meeting to be held on November 21, 2011 ~ommencing at 7:00 p.m.; 110 the Council Chambers 4th Floor, Noel C. Taylo; ,Municipal Building, 215 Church Avenue, S.W." Roanoke, Virginia on the question of adoption of an ordinance pursuant to ~58.1-3651, Code of Virginia (1950), as amended, approving the request of Grandin Theatre Foundation, Inc., and Silver Screen llC, for designation ,of its real property' identified as Official Tax No: 1330502 and located at ! 1310 Grandin, Road,S.W. , as' exempt from taxation I and approving thE! request' of Gr,andin Theatre Foundation, Inc., for. designation of its personal r;~~~.y as exempt from The total assessed ValUer of the applicants' real , estate, for which tax ~xemption is being sought,: IS $1,023,100 for the 2011' . tax year, with a "tax o'f $12,175. The loss of revenue will be $9,740' annually'after a 20% service charge is levied in lieu of real estate taxes. The total assessed value of the applicant's personal property for tax year 2011 is $41,232, with a total personal property tax: assessment of $1,423 fo the 2011 tax year. ' Citizens shall have th, opportunity to be heard anI : express their opinions 01 I this matter. : , If you are a person with, I disability who needi accommodations for thi! . p~blic hearing, contact the I City Clerk's Office' : 853-2541, by 12:00 noo~ I on Thursday, November 17. 12011. , " I' GIVEN under my hand this, 7th day of November 2011 i Stephanie M: Moon I City Cler~ : (12841638) REFERENCE: 88001806 12841638 NPH-Grandin theatre State of'~irginia Ci ty of R-oanoke' I, (the undersigned) an authorized representative of the Times-W6rld Corporation, which ~o~poration is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the ~tate of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: PUBLISHED ON: 11/11 \\'iilll,,; \\ " "" :-{ p..LA y: '1'1 ...... ~\) ..........~-1 " .........Q::~.,. NO! p.RY .... yt, '::. 2 CO :' PUBLIC '., :. = : G #7090930 : * =_ - 'p.,E. N ' = '*: . .', CON'iN'iISS\O : <(" = - . WI' S' --- ~ CJ.,.... -1i~~~H~ $ 2 .. <-:4_'. ~. ~ ~ .., -'?~A '. .' ~, ... I '''70 . . , . . . . . ~ ...... 'I, ~WEAL"TI:\ \) ,\' '" \ \\\ '11/1111\\\ TOTAL COST: FILED ON: 230.88 11/11/11 --------------------------------------------------+------------------------ :::~:::;:~~E_A- Billing Services Representative c' ~~ ;; :.; .~ =:. .~:' ~:. ~-) ..::.:; .-:" '- ('. :;. --,. .~'3 i~~ :.:' :~. ..... ,~" _. .....~ \JJ "'~ NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of Roanoke will hold a public hearing at its regular meeting to be held on November 21,2011, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia on the question of adoption of an ordinance pursuant to 58.1-3651, Code of Virginia (1950), as amended, approving the request of Grandin Theatre Foundation, Inc., and Silver Screen LLC, for designation of its real property, identified as Official Tax No. 1330502 and located at 1310 Grandin Road, S.W. as exempt from taxation, and approving the request of Grandin Theatre Foundation, Inc., for designation of its personal property as exempt from taxation. The total assessed value of the applicants' real estate for which tax exemption is being sought, is $1,023,100 for the 2011 tax year, with a tax of$12,175. The loss of revenue will be $9,740 annually after a 20% service charge is levied in lieu of real estate taxes. The total assessed value of the applicant's personal property for tax year 2011 is $41,232, with a total personal property tax assessment of $1 ,423 for the 2011 tax year. Citizens shall have the opportunity to be heard and express their opinions on this matter. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office, 853-2541, by 12:00 noon on Thursday, November 17,2011. GIVEN under my hand this 7thday of November , 2011. Stephanie M. Moon, City Clerk. K:\MEASURESITAX EXEMPT PH NOTICE GRANDIN THEATRE SILVER SCREEN I I I LDOC Notice to Publisher: Publish once in the Roanoke Times on Friday, November 11, 2011. Send affidavit to: Stephanie M. Moon, MMC, City Clerk 215 Church Avenue, S. W., Room 456 , Roanoke, Virginia 24011 (540) 853-2541 K:INOTICESI2011INOYEMBERINPH-GRANDIN THEATRE-TAX EXEMPT-DOC Send Bill to: Katherine Chittum, Executive Director Grandin Theatre Foundation 1310 Grandin Road, S. W. Roanoke, Virginia 24015 (540) 345-6377 , ( DEPARTMENT OF MANAGEMENT & BUDGET Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 354 Roanoke, Virginia 24011 540.853.6800 fax: 540.853-2773 November 16, 2011 .~ Ms. Katherine Chittum Executive Director The Grandin Theatre Foundation, Inc. 1310 Grandin Road, SW Roanoke,VA 24015 Dear Ms. Chittum: The Grandin Theatre Foundation, Inc., along with Silver Screen, LLC, filed a petition in the City Clerk's Office on October 11, 2011 requesting exemption from taxation on real property and personal property located at 1310 Grandin Avenue, SW. The real property is identified as tax map number 1330502. Pursuant to the requirements of the Virginia Code, the City of Roanoke is required to hold a public hearing if it wishes to consider a petition for a tax exemption. At a regular session of the Roanoke City Council held on Monday, November 7, 2011, the Council approved a request of the City Manager to hold a public hearing on Monday, November 21, 2011, at 7:00 p.m., or as soon thereafter as the matter may be heard, to receive citizen comments on the request. Notices of a public hearing with regard to the matter will be published in the Roanoke Times. Your organization will be billed for the amount incurred for publishing the notices. I am forwarding you a draft copy of a Council Report dated November 21, 2011, from the City Manager's Office addressed to the Mayor and , Members of City Council regarding the petition. Although we are recommending authorization for exemption from real estate and personal property taxation on the property, please be advised that the final decision with regard to the exemption rests with City Council. Council will also consider citizen comments from the public hearing. It is suggested that a representative from the organization be present at the public hearing on November 21 st to respond to que-stions~that may be raised regarding the pet.ition. The session will be held in the City Council ( Chambers, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W. 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, MMC City Clerk October 12, 2011 CECELIA T. WEBB, CMC Assistant Deputy City Clerk Christopher P. Morrill City Manager Roanoke, Virginia Dear Mr. Morrill: At a regular meeting of the Council of the City of Roanoke which was held on Monday, May 19,2003, Resolution No. 36331-051903 was adopted with regard to a new policy and procedure for processing requests from non-profit organizations to have property exempted from taxation, pursuant to Article X, Section 6(a)(6), Constitution of Virginia, and repealing Resolution No. 36148-120202 adopted on December 2,2002. I am attaching copy of a petition, which was filed in the City Clerk's Office on October 11, 2011, by Grandin Theatre Foundation, Inc., and Silver Screen, LLC, a Virginia limited liability company, wholly owned by the Grandin Theatre Foundation, and disregarded as a legal entity under federal tax laws, a Virginia, non-stock, not-for-profit corporation, requesting exemption from taxation of real and personal property located at 1310 Grandin Road, S. W.., pursuant to Section 58.1-3651, Code of Virginia (1950), as amended. Petitions forwarded by the City Clerk to the City Manager by April 15 for evaluation and recommendation to City Council will have an effective date of July 1 st. Petitions forwarded by October 15th will have an effective date of January 1 st. Sincerely, ~1n.IYlDW Stephanie M. Moon, MMc! City Clerk SMM:ew Attachment L:\CLERK\DA T A \CKEW 1 \Tax Exempt\Grandin Theatre Oct 20] I.doc Christopher P. Morrill October 12, 2011 Page 2 pc: Katherine Chittum, Executive Director, The Grandin Theatre Foundation, 1310 Grandin Road, S. W., Roanoke, Virginia 24015 The Honorable Sherman A. Holland, Commissioner of the Revenue William M. Hackworth, City Attorney Susan S. Lower, Director, Real Estate Valuation R. B. Lawhorn, Budget Management Analyst, Office of Management and Budget L:\CLERK\DA T A \CKEW I \Tax Exempt\Grandin Theatre Oct 20 II.doc J~ VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE RE: PETITION FOR EXEMPTION FROM TAXATION OF CERTAIN PROPERTY PURSUANT TO ARTICLE X, SECTION 6(a)(6) OF THE CONSTITUTION OF VIRGINIA TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF ROANOKE: ~ la. Your Petitioner, GRANDIN THEATRE FOUNDATION, INC.and Silver Screen, LLC, a Virginia limited liability company, wholly owned bv the Grandin Theatre Foundation, and disregarded as a legal entity under federal tax laws, a Virginia, non-stock, not for profit corporation owns certain real property, located at 1310 GRANDIN ROAD, SW in the City of Roanoke, Virginia, which property is City of Roanoke Tax Map ID #1330502, with a total assessed value of $ 1,023,100 and a total of $ 12,174.90 in real property taxes that were paid or would have been paid in the most recent year, desires to be an organization designated pursuant to the provisions of Sec. 58.1-3651, of the Code of Virginia, as amended, in order that the referenced real property, to be used exclusively for charitable and benevolent purposes in: Furtherinf! the mission of the Grandin Theatre Foundation, Inc. to oreserve the historic Grandin Theatre as a cultural and educational resource devoted to film and the cinematic arts for Western Virginia, (Describe proposed use of real property, if applicable.) be exempt from taxation under the provisions of Article X, Section 6 (a)(6) of the Constitution of Virginia so long as your Petitioner is operated not for profit and the property so exempted is used in accordance with the purpose for which the Petitioner is classified. (ifrequesting exemption for personal property, complete section l.b) lb. Your Petitioner, GRANDIN THEATRE FOUNDATION, INC" a Virginia, non- stock, not for profit corporation owns certain personal property, located at 1310 GRANDIN ROAD, SW in the City of Roanoke, Virginia, with a total assessed value of $ 41,232 and a total of $ 1,422.50 in personal property taxes that were paid or would have been paid in the most recent year, desires to be an organization designated pursuant to the provisions of Sec.58.1-3651, of the Code of Virginia, as amended, in order that the referenced personal property, to be used exclusively for charitable and benevolent purposes in Furthering the mission of the Grandin Theatre Foundation, Inc. to preserve the historic Grandin Theatre as a cultural and educational resource devoted to film and the cinematic arts for Western Virginia, (Describe proposed use of personal property, if applicable.) I -" , be exempt from taxation under the provisions of Article X, Section 6 (a)(6) of the Constitution of Virginia so long as your Petitioner is operated not for profit and the property so exempted is used in accordance with the purpose for which the Petitioner is classified. 2. Your Petitioner agrees to pay to the City of Roanoke, an annual service charge in an amount equal to twenty percent (20%) of the City of Roanoke tax levy, which would be applicable to this real estate, were our organization not be tax exempt, for as long as this exemption continues. 3. Your Petitioner, iflocated within a service district, agrees to pay to the City of Roanoke an annual service charge equal to the additional service district tax that would be levied for as long as this exemption continues. 4. Your Petitioner agrees to provide information to the Director of Real Estate Valuation upon request to allow a triennial review of the tax exempt status of your Petitioner. The following questions are submitted for consideration: 1. (Q): Whether the organization is exempt from taxation pursuant to Section 501 (c) of the Internal Revenue Code of 1954. (A): Your Petitioner was granted exemption from taxation pursuant to Section 501 (c) of the Internal Revenue Code of 1954 on June 27,2002. 2. (Q): Whether a current alcoholic beverage license for serving alcoholic beverages has been issued by the Alcohol Beverage Control Board to such organization for use on such property. (A): No. the Foundation does not currently serve alcoholic beverages and does not currently have a license for such activity. 3. (Q): Whether any director, officer or employee of the organization has been paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer or employee actually renders. . (A): Through the date of this application. none of the above referenced individuals (members of the Board of Directors. Officers. or Emvloyees) have been vaid excess compensation for versonal services as discussed above. 4. (Q): Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by 2 such organization is generated by funds received from donations, contributions or, local, state or federal grants. As used in this subsection, donations shall include the providing of personal services or the contribution of in-kind or other material services. (A): No earnings of the Foundation inure to the benefit of any individual. The Foundation does rely on donations and contributions for operational purposes, however, these funds are not sif!nificant. 5. (Q): Whether the organization provides services for the common good ofthe public. (A): Your Petitioner provides services for the common good of the public in as much as it maintains a viable historic theatre that enriches the area's cultural life through a mix of foreign and independent films as well as more mainstream film. It also has cooperated with other area institutions such as Roanoke City Schools. local retirement communities. and neighborhood grOUpS to provide special events free of charge to the public. (Describe the public service) 6. (Q): Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office. (A): The Foundation does not participate in any such political activities. 7. (Q): Whether any rule, regulation, policy or practice ofthe organization discriminates on the basis of religious conviction, race, color, sex or national ongm. (A): The Foundation is an equal opportunity employer and does not discriminate on the basis of relif!ious conviction. race, color, sex or national orif!in. 8. (Q): Whether there is a significant revenue impact to the locality and its taxpayers of exempting the property. (A): By exempting the property described above, this will ensure continued viability of the Foundation and the ability of the Foundation to provide expanded special programs which, in turn, will provide the City with additional meals tax from sales of concessions to patrons. 9. (Q): Any other criteria, facts and circumstances, which the governing body deems pertinent to the adoption of such ordinance. (A): (Provide as necessary). Note: All Tax Exemption Petitions must be filed ,,:,ith the City Clerk's Office. 3 " THEREFORE, your Petitioner, GRANDIN THEATRE FOUNDATION, INe., respectfully requests to the Council of the City of Roanoke that this real or personal property, or both, of your Petitioner be designated exempt from taxation so long as your Petitioner is operated not for profit and the property so exempt is used for the particular purposes of providing a venue for a varietv o(film. special events. and educational opportunities open to our communitv at large. (Repeat proposed use of property). Respectfully submitting this ~~hd~ Anthony R. Stavola President 4 COMMISSIONER OF THE REVENUE CITY OF ROANOKE SHERMAN A. HOLLAND Commissioner GREGORYS. EMERSON Chief Deputy . it ~ September 19,2011 Ms. Katherine Chittum Executive Director The Grandin Theatre Foundation 1310 Grandin Road Roanoke, VA 24015 Re: Exemption of property located at 1310 Grandin Ave., SW Property owned by Silver Screen Inc. Parcel No. 1330502 Dear Ms. Chittum: We received your letter dated September 14, 2011 requesting exemption from real estate and personal property taxes on the above captioned property due to your non-profit status as a charitable agency. The above parcel is currently being taxed by the City of Roanoke for real estate taxes for the 2011-12 tax year. This real property is not eligible for exemption by classification or designation, however, you may contact the City' Clerk's Office at 853-2541 for information concerning applying for an exemption for non-profit organizations through City Council. Also, in order for exemption of this property to be considered, the owner (Silver Screen Inc.) must be the entity that applies. Should you have any additional questions please do not hesitate to call. Sincerely, - ~-" c _~' ~~ Sherman A. Holland Commissioner of the Revenue SAHljec cc: R.B. Lawhorn, Dept. of Management and Budget 215 Church Avenue SW, Room 251 * Roanoke, Virginia 24011 Phone (540) 853-2521 * Fax (540) 853-1115 * IVww.roanokegov.com F,O UNO A T ION Experience the GRANDIN! Board of Directors Anthony Stavola President Mary Jean Levin Vice President Chris Banta Treasurer Lewis Singer Secretary Directors Dave Booth Vie Bradley Nick Brash Victor Cardwell Sam Craver Carl Cress Mark Garland Nelson Harris Charlie Holland Cary Kelly Kelly List Kemper Kevin Kirkaldie Carolyn Payne Paula Prince Susan Sadjadi Linda Steadman John Wiercioch Josh Wykle Directors Emeriti Warner Dalhouse Ann Trinkle Dave Trinkle Ed Walker Kathy Chittum Executive Director 1310 Grandin Road Roanoke, VA 24015 tel: (540) 345-6377 fax: (540) 345-7404 www.grandintheatre.com September 14, 2011 Mr. Sherman A. Holland Commissioner of the Revenue City of Roanoke 215 Church Avenue SW Room 251 Roanoke, VA 24011 fll E COpy Dear Mr. Holland, The Grandin Theatre is Roanoke's only remaining historic grand movie palace. Our mission is to preserve the Theatre as a cultural and educational resource devoted to film and the cinematic arts for Western Virginia. We serve close 100,000 people annually in our community and the surrounding areas. As a 501 (c) (3) non-profit organization we are able to provide many special events free. In addition to the films and special events, the Grandin Theatre is an anchor for the Grandin Village and an asset for the adjacent neighborhoods. Business and residents alike have specifically located to this area and the business community on Grandin Road continues to grow. The Grandin Theatre Foundation restored the Theatre in 2002, and oversees the facility and operations. We respectfully request your assistance in our continued viability by granting a real estate and personal property tax exemption. The address ofthe Grandin Theatre is 1310 Grandin Avenue SW, and the tax map ID number is 1330502. The personal property consists of the following: four theatre screens, four projection/sound equipment systems, fixed seating and various concession items such as popcorn machines and point of sale machines. Please let me know if you have any further questions, we will look forward to your reply. Sincerely, ~~ Executive Director COMMITTEE V ACANCIES/REAPPOINTMENTS November 21, 2011 VACANCIES: Five-year term of office of Robert P. Wingfield ending September 30,2011; and unexpired term of office of Peter Clapsaddle ending September 30,2013, as members of the Local Board of Building Code Appeals. Held in Abeyance Three-year terms of office ending December 31, 2011 of Joseph F. Miller, William D. Poe and Diana B. Shepherd as members of the Board of Zoning Appeals. Inasmuch as all three incumbents have served three consecutive terms of office, they are not eligible for reappointment. Unexpired term of office on the Roanoke Arts Commission created by the resignation of Taliaferro Logan ending,June 30,2014. Held in Abeyance Unexpired term of office on the Virginia Western Community College Board created by the resignation of William M. Hackworth ending June 30, 2015.. Three-year term of office of Victoria Cox as a member of the Human Services Advisory Board ending November 30, 2011. Held in Abeyance Three year terms of office of Thomas W. Ruff (citizen at large) and Greg Spangler (towing enforcement) as members of the Towing Advisory Board ending October 31,2011. Criteria requires a citizen at large and a representative in towing enforcement. REAPPOINTMENTS: "