City Council Work Session Tuesday, August 27, 2013 6:00 P.M. Council

City Council Work Session

Tuesday, August 27, 2013 6:00 p.m. Council Chambers – Rouss City Hall

AGENDA

1.0 Call to Order

2.0 Public Comments: (Each person will be allowed 3 minutes to address Council with a maximum of 10 minutes allowed for everyone)

3.0 Items for Discussion:

3.1 R-2013-41 & O-2013-27: Approval of Series 2013 General Obligation Public Improvement Bonds – Mary Blowe, Finance Director (pages 3-19)

3.2 R-2013-42: Resolution – Approval of Consolidated Annual Performance and Evaluation Report – Tyler Schenk, Grants Coordinator & Project Specialist (pages 20-41)

3.3 CU-13-422: Conditional Use Permit – Request of Daniel T. Knight, Jr. for a conditional use permit for motor vehicle painting, upholstering, and body and fender work at 427 North Cameron Street (Map Number 173-01-K-1) zoned Commercial Industrial (CM-1) District – Tim Youmans, Planning Director (pages 42-46)

3.4 Presentation and Discussion: Jubal Square Development Proposal Fiscal Analysis - O-2013-25 (RZ-13-196) – Stu Patz, S. Patz & Associates, Inc. and William Park, Bluestone Land, L.L.C.

3.5 CU-13-372: Conditional Use Permit – Request of Morris & Ritchie Associates on behalf of the City of Winchester for a conditional use permit to construct a telecommunications tower at 700 Jefferson Street (Map Number 190-01-3) zoned Education, Institution and Public Use (EIP) District. – Aaron Grisdale, Director of Zoning & Inspections (pages 47-89)

3.6 R-2013-43: Resolution – Request for submission of application for the SAFER Grant – Allen Baldwin, Fire & Rescue Chief (pages 90-92)

3.8 CU-13-361: Conditional Use Permit – Request of Shenandoah Mobile, LLC for a conditional use permit to construct a telecommunications tower at 2633 Papermill Road (Map Number 291-01-7) zoned Commercial Industrial (CM-1) District. – Tim Youmans, Planning Director (pages 93-99)

1 3.9 O-2013-28: AN ORDINANCE TO AMEND AND RE-ENACT ARTICLES 1, 8, 9, 10, AND 13 OF THE WINCHESTER ZONING ORDINANCE PERTAINING TO RESTAURANTS AND ENTERTAINMENT ESTABLISHMENTS. TA-13-146 – Aaron Grisdale, Director of Zoning & Inspections (pages 100-109)

3.10 O-2013-29: AN ORDINANCE TO REZONE APPROXIMATELY 41.5 ACRES OF LAND CONTAINING APPROXIMATELY 86 PARCELS, EITHER IN FULL OR IN PART, TO BE INCLUDED IN THE CORRIDOR ENHANCEMENT (CE) DISTRICT; SUBJECT PARCELS ARE ADJACENT TO, OR WITHIN 400 FEET OF, THE BERRYVILLE AVENUE RIGHT-OF-WAY RZ-13-380 (Establishes a Corridor Enhancement District along Berryville Avenue) – Tim Youmans, Planning Director (pages 110-117)

3.11 O-2013-30: AN ORDINANCE TO REZONE 1.295 ACRES OF LAND AT 1720 VALLEY AVENUE (Map Number 231-04-K-8A) FROM HIGHWAY COMMERCIAL (B-2) DISTRICT WITH CORRIDOR ENHANCEMENT (CE) DISTRICT OVERLAY TO B-2 DISTRICT WITH PLANNED UNIT DEVELOPMENT (PUD) AND CE DISTRICT OVERLAY. RZ-13-292 (Redevelopment plan for the former Coca-Cola plant – Tim Youmans, Planning Director (pages 118-128)

3.12 O-2013-14: AN ORDINANCE TO AMEND AND REENACT ARTICLES 18, 21, AND 23 OF THE WINCHESTER ZONING ORDINANCE PERTAINING TO SIGNS, VIOLATION AND PENALTY, FEES, AND CORRIDOR ENHANCEMENT TA-13-138 (Revision to temporary sign provisions and permit requirements) - Aaron Grisdale, Director of Zoning & Inspections (pages 129-147)

3.13 O-2013-31: Creation of an Environmental Sustainability Taskforce– Doug Hewett, Assistant City Manager (pages 148-161)

4.0 Liaison Reports

5.0 Adjourn

2 ______

CITY OF WINCHESTER, VIRGINIA

PROPOSED CITY COUNCIL AGENDA ITEM

C1TY COUNCIL Work session: August 27, 2013_ CUT OFF DATE:

CITY COUNCIL adoption of resolution Tuesday October 8. 2013

RESOLUTION ORDINANCE PUBLIC HEARING

ITEM TITLE: Resolution providing for the issuance and sale of general obligation public improvement bonds, series 2013, of the City of Winchester, Virginia, in an aggregate principal amount not to exceed $27 Million. heretofore authorized, and providing fbr the form, details and payment thereof. STAFF RECOMMENDATION: Approve as recommended PUBLIC NOTICE AND HEARING: N/A ADVISORY BOARD RECOMMENDATION: N/A FUNDING DATA: As provided in the FY 2014 budget INSURANCE: As required The initiating Department Director will place below, in sequence of transmittal, the names of each department that must initial their review in order for this item to he placed on the City Council agenda.

INITIALS FOR INITIALS FOR DEPARTMENT APPROVAL DISAPPROVAL DATE

3. 4. 5. City Attorney /• 6. City Manager c27 i0 7. Clerk of Council

Initiating Department Director’s Signature: Date Mary Blowe, Finance Director Pc’oeived

MJii 0 2013

Revised: September 28, 2009 3 sale there RECOMMENDATIONS: OPTIONS: service however, issuance BUDGET would choose budget and with and case create market BACKGROUND: THE RELATIONSHIP To: Date: From: Re: • • • • • • • of Poors) Council the ISSUE: is an JJC be Vesta Maintenance Corridor Hope John Emergency bond a to that and no

from 1 August elementary issuance Mary Resolution Honorable more would there paid fit IMPACT: reason Improvements prior The require have

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1 COUNCIL a City Staff 2014 8 th that for (page to and $1,700,000 twenty utilize this (page debt along (page will finance and (page School bond all, has Director- his recommends Members (page budget method need 238 of particularly receipt in a fall debt year 249) with 238 PLAN: ytm(page System this payments. pooled with 264) an those (page of would 238 to annually the amount term. being our of general budget) and 7- this meet of of budget) of City program With projects. financial 239 our City be pay the program. objective budget) paid There The with 4 not funds Manager an obligation of for Council this

adoption ACTION those 238 off, budget) optimal to approximate twenty our such We are advisors change, exceed on so With of 1, extra rating seven can to October presented budget) we as of debt years. time upgrade the this fees. the would choose we agencies have $27 possible to for City’s total Virginia resolution can 28, receive Million a been be several City debt

to MEMO work debt 2013. strong able (Moodys’ fund projects closely Public school a issuance. payments with to to projects new those GO proceed structure our School facilities, watching rating. listed bond and that community City to for Standard with in ratings, be we Authority, The the this Staff the in funded the the debt this debt to RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES 2613, OF THE CITY OF WINCHESTER, VIRGINIA, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $27,000,006, HERETOFORE AUTHORIZEI), AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF

WHEREAS, the Common Council (the “Common Council”) of the City of Winchester, Virginia (the “City”), adopted on October 8, 2013, an ordinance authorizing the issuance of general obligation public improvement bonds of the City in an aggregate principal amount not to exceed $27,000,000 (a) to finance the costs of certain capital improvement projects for the City, including (but not limited to) one or more of the following projects: the acquisition, construction. extension, renovation and equipping of public school improvements, emergency communications system improvements, road, street and sidewalk improvements, maintenance facility improvements and joint judicial center improvements (collectively, the “Project”) and (b) to pay costs incurred in connection with issuing the Bonds the related costs of issuing such bonds; and

WHEREAS, the City’s administration and a representative of Public Financial Management, Inc., the City’s financial advisor (the “Financial Advisor”), have recommended to the Common Council that the City issue and sell a series of general obligation public improvement bonds through a competitive public offering:

BE IT RESOLVFA) BY THE COMMON COUNCIL OF THE CITY OF WINCHESTER, VIRGINIA:

1. Issuance of Bonds. Pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the City Charter and the Public Finance Act of 1991, there shall be issued and sold general obligation public improvement bonds of the City in an aggregate principal amount not to exceed $27,000,000 (the “I3onds”)to finance the Project and pay the costs incurred in connection with issuing the Bonds.

2. Bond Details. The Bonds shall he designated “General Obligation Public Improvement Bonds, Series 2013,” or such other designation as may be determined by the City Manager (which term shall include any Deputy City Manager), shall be in registered form, shall be dated such date as may he determined by the City Manager, shall be in denominations of $5,000 and integral multiples thereof and shall he numbered R-1 upward. Subject to Section 8, the issuance and sale of the Bonds are authorized on terms as shall he satisfactory to the City Manager; provided, however, that the Bonds (a) shall have a “true” or “Canadian” interest cost not to exceed 5.00% (taking into account any original issue discount or premium), (b) shall be sold to the purchaser thereof at a price not less than 99.00% of the principal amount thereof (excluding any original issue discount) and (c) shall mature or be subject to mandatory sinking fund redemption in annual installments ending no later than I)ecember 31, 2038. Principal of the Bonds shall be payable annually on dates determined by the City Manager.

Each Bond shall bear interest from its date at such rate as shall be determined at the time of sale, calculated on the basis of a 360-day year of twelve 30-day months, and payable semiannually on dates determined by the City Manager. Principal and premium, if any, shall he

5 payable to the registered owners upon surrender of Bonds as they become due at the office of the Registrar (as hereinafter defined). Interest shall be payable by check or draft mailed to the registered owners at their addresses as they appear on the registration books kept by the Registrar on a date prior to each interest payment date that shall be determined by the City Manager (the “Record Date”). Principal, premium. if any, and interest shall be payable in lawful money of the United States of America.

Initially, one I3ond certificate for each maturity of the Bonds shall be issued to and registered in the name of The Depository Trust Company, New York. New York (“I)TC”), or its nominee. The City has heretofore entered into a Letter of Representations relating to a book- entry system to be maintained by DTC with respect to the Bonds. Securities Depository” shall mean DTC or any other securities depository for the Bonds appointed pursuant to this Section.

In the event that (a) the Securities Depository determines not to continue to act as the securities depository lbr the Bonds by giving notice to the Registrar. and the City discharges its responsibilities hereunder, or (b) the City in its sole discretion determines (i) that beneficial owners of Bonds shall be able to obtain certificated Bonds or (ii) to select a new Securities Depository, then its chief financial officer shall, at the direction of the City, attempt to locate another qualified securities depository to serve as Securities Depository and authenticate and deliver certificated Bonds to the new Securities Depository or its nominee, or authenticate and deliver certificated Bonds to the beneficial owners or to the Securities Depository participants on behalf of beneficial owners substantially in the form provided for in Section 5; provided. however, that such form shall provide for interest on the Bonds to be payable (A) from the date of the I3onds if they are authenticated prior to the first interest payment date, or (B) otherwise 1mm the interest payment date that is or immediately precedes the date on which the Bonds are authenticated (unless payment of interest thereon is in default, in which case interest on such Bonds shall be payable from the date to which interest has been paid). In delivering certificated I)onds, the chief financial officer shall be entitled to rely on the records of the Securities Depository as to the beneficial owners or the records of the Securities Depository participants acting on behalf of beneficial owners. Such certificated Bonds will then be registrable. transferable and exchangeable as set forth in Section 7.

So long as there is a Securities Depository for the Bonds (1) it or its nominee shall he the registered owner of the I3onds, (2) notwithstanding anything to the contrary in this Resolution. determinations of persons entitled to payment of principal, premium. if any’, and interest, transfers of ownership and exchanges and receipt of notices shall be the responsibility of the Securities I)epository and shall be effucted pursuant to rules and procedures established by such Securities Depository, (3) the Registrar and the City shall not be responsible or liable for maintaining, supervising or reviewing the records maintained by the Securities Depository, its participants or persons acting through such participants, (4) references in this Resolution to registered owners of the Bonds shall mean such Securities [)epository or its nominee and shall not mean the beneficial owners of the l3onds and (5) in the event oFany inconsistency between the provisions of this Resolution and the provisions of the above-referenced Letter of Representations such provisions of the Letter of Representations, except to the extent set forth in this paragraph and the next preceding paragraph, shall control.

6 3. Redemption Provisions. The Bonds may be subject to redemption prior to maturity at the option of the City on or after dates, if any, determined by the City Manager, in whole or in part at any time, at a redemption price equal to the principal amount of the Bonds, together with any interest accrued to the redemption date, plus a redemption premium not to exceed 2.00% of the principal amount of the Bonds. such redemption premium to be determined by the CityManager.

Any term bonds may be subject to mandatory sinking fund redemption upon terms determined by the City Manager.

If less than all ot the Bonds are called for redemption, the maturities of the Bonds to be redeemed shall be selected by the chief financial ofhcer of the City in such manner as such oflicer may determine to he in the best interest of the City. If less than all the Bonds of any maturity are called for redemption, the I3onds within such maturity to be redeemed shall he selected by the Securities Depository pursuant to its rules and procedures or. if the book-entry system is discontinued, shall he selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either case, (a) the portion of any Bond to he redeemed shall he in the principal amount of $5,000 or some integral multiple thereof and (h) in selecting Bonds for redemption, each Bond shall he considered as representing that number of Bonds that is obtained by dividing the principal amount of such Bond by $5,000. The City shall cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to he sent by facsimile or electronic transmission, registered or certified mail or overnight express delivery. not less than 30 nor more than 60 days prior to the redemption date, to the registered owner of’ the Bonds. The City shall not he responsible lhr giving notice of redemption to anyone other than DTC or another qualified securities depository then serving or its nominee unless no qualified securities depository is the registered owner of’the Bonds. II’no qualified securities depository is the registered owner of’the Bonds, notice of’redemption shall be mailed to the registered owners of the Bonds. If a portion of’a Bond is called lbr redemption, a new Bond in principal amount equal to the unredeemed portion thereof will he issued to the registered owner upon the surrender thereof.

In the case of’an optional redemption. the notice may state that (1) it is conditioned upon the deposit of moneys, in an amount equal to the amount necessary to effect the redemption. no later than the redemption date or (2) the City retains the right to rescind such notice on or prior to the scheduled redemption date (in either case, a Conditional Redemption”). and such notice and optional redemption shall he ol’no effict if such moneys are not so deposited or if the notice is rescinded as described herein. Any Conditional Redemption may he rescinded at any time. The City shall give prompt notice of’such rescission to the affected l3ondholders. Any Bonds subject to Conditional Redemption where redemption has been rescinded shall remain outstanding. and the rescission shall not constitute an event of default. Further. in the case of’a Conditional Redemption. the failure of the City to make funds available on or before the redemption date shall not constitute an event of default. and the City shall give immediate notice to all organizations registered with the Securities and Fxchange Commission as securities depositories or the affected Bondholders that the redemption did not occur and that the Bonds called for redemption and not so paid remain outstanding.

7 4. Execution and Authentication. The Bonds shall he signed by the manual or facsimile signature of the President of the Common Council and the City Treasurer, the City’s seal shall be affixed thereto or a facsimile thereof printed thereon and shall be attested by the manual or facsimile signature of the Clerk or I)eputy Clerk of the Common Councilz provided. however, that no Bond signed by facsimile signatures shall he valid until it has been authenticated by the manual signature ol an authorized officer or employee of the Registrar and the date of authentication noted thereon.

5. Bond Form. The Bonds shall he in substantially the form of Exhibit A. with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the officers signing the Bonds. whose approval shall be evidenced conclusively by the execution and delivery of the Bonds:

6. Pledge of Full Faith and Credit. The full ftith and credit of the City are irrevocably pledged for the payment of principal of and premium. if any, and interest on the Bonds. Unless other funds arc lawfully available and appropriated for timely payment of the Bonds, the Common Council shall levy and collect an annual ad valorem tax. over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all locally taxable property in the City sufficient to pay when due the principal of and premium. if any, and interest on the I3onds.

7. Registration, Transfer and Owners of Bonds. The City Treasurer is appointed paying agent and registrar for the Bonds (the “Registrar”). The City may. in its sole discretion. at any time appoint a qualified bank or trust company as successor paying agent and registrar of the Bonds. The Registrar shall maintain registration books for the registration and registration of transfers of I3onds. Upon presentation and surrender of any l3onds to the Registrar, or its corporate trust office if the Registrar is a bank or trust company, together with an assignment duly executed by the registered owner or his duly authorized attorney or legal representative in such form as shall he satisfactory to the Registrar, the City shall execute and the Registrar shall authenticate, if required by Section 4. and deliver in exchange, a new Bond or Bonds having an equal aggregate principal amount, in authorized denominations, of the same form and maturity, bearing interest at the same rate, and registered in names as requested by the then registered owner or his duly authorized attorney or legal representative. Any such exchange shall be at the expense of the City, except that the Registrar may charge the person requesting such exchange the amount of any tax or other governmental charge reqLliredto be paid with respect thereto.

The Registrar shall treat the registered owner as the person exclusively entitled to payment of principal, premium, if any, and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person shown as owner on the registration books on the Record Date.

8. Sale of Bonds. The Common Council approves the following terms of’the sale of the Bonds. The Bonds shall he sold by competitive bid in a principal amount to he determined by the City Manager. in collaboration with the Financial Advisor. and subject to the limitations set forth in Section 1. The City Manager shall also determine (a) the interest rates of the Bonds. maturity schedule of the l3onds and the price to be paid for the Bonds. subject to the limitations set lorth in Section 2. (h) the redemption provisions of the Bonds, subject to the limitations set

8 4 forth in Section 3 and (c) the dated date, the principal and interest payment dates and the Record Date of the l3onds, all as the City Manager determines to be in the best interests of the City.

The City Manager shall receive bids for the Bonds and award the Bonds to the bidder providing the lowest “true” or “Canadian” interest cost, subject to the limitations set forth in Section 2. Following the sale of’the Bonds, the City Manager shall file a certificate with the City Clerk setting forth the final terms of the Bonds. The actions of the City Manager in selling the I3onds shall be conclusive, and no ftLrtheraction shall be necessary on the part of the Common Council.

9. Notice of Sale. The City Manager, in collaboration with the Financial Advisor, is authorized and directed to take all proper steps to advertise the Bonds for sale substantially in accordance with the form of Notice of Sale (attached to the Preliminary Official Statement referenced below), which is hereby approved: provided that the City Manager, in collaboration with the Financial Advisor, may make such changes in the Notice of Sale not inconsistent with this Resolution as he may consider to he in the best interest of the City.

10. Official Statement. The draft Preliminary Official Statement describing the Bonds, copies of which have been circulated to the Common Council prior to this meeting, is hereby approved as the Preliminary Oflicial Statement by which the Bonds will be offered for sale to the public; provided that the City Manager, in collaboration with the Financial Advisor, may make such completions, omissions, insertions and changes in the Preliminary Ofticial Statement not inconsistent with this Resolution as he may consider to be in the best interest of the City. After the Bonds have been sold, the City Manager, in collaboration with the Financial Advisor, shall make such completions, omissions, insertions and changes in the Preliminary Official Statement not inconsistent with this Resolution as are necessary or desirable to complete it as a final Official Statement. The City shall arrange for the delivery to the purchaser of the I3onds of a reasonable number of copies of the final Official Statement, within seven business days after the Bonds have been sold, for delivery to each potential investor requesting a copy of the Official Statement and to each person to whom such purchaser initially sells l3onds.

11. Official Statement Deemed Final. The City Manager is authorized, on behalf of the City, to deem the Preliminary Official Statement and the Official Statement in final form, each to he final as of its date within the meaning of Rule 15c2-12 (the “Rule’) of the Securities and Exchange Commission (the ‘SEC”), except for the omission in the Preliminary Official Statement of certain pricing and other incormation permitted to be omitted pursuant to the Rule. The distribution of the Preliminary Official Statement and the Official Statement in final form shall be conclusive evidence that each has been deemed final as of its date by the City, except for the omission in the Preliminary Official Statement of such pricing and other information permitted to be omitted pursuant to the Rule.

12. Preparation and Delivery of Bonds. After bids have been received and the Bonds have been awarded, the officers of the City are authorized and directed to take all proper steps to have the I3onds prepared and executed in accordance with their terms and to deliver the Bonds to the purchaser thereof upon payment therefor.

9 5 13. Arbitrage Covenants. The City covenants that it shall not take or omit to take any action the taking or omission of’which will cause the Bonds to be “arbitrage bonds” within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended (the “Code”), and regulations issued pursuant thereto. or otherwise cause interest on the Bonds to be includable in the gross income of the registered owners thereof under existing law. Without limiting the generality of the foregoing. the City shall comply with any provision of law which may require the City at any time to rebate to the United States any part of the earnings derived from the investment of the gross proceeds of the Bonds, unless the City receives an opinion of nationally recognized bond counsel that such compliance is not required to prevent interest on the Bonds from being includable in the gross income of the registered owners thereof under existing law. The City shall pay any such required rebate from its legally available funds.

14. Non-Arbitrage Certificate and 1ections. Such officers of the City as may be requested are authorized and directed to execute an appropriate certificate setting forth the expected use and investment of the proceeds of the Bonds in order to show that such expected use and investment will not violate the provisions of Section 148 of the Code, and any elections such officers deem desirable regarding rebate of earnings to the United States for purposes of complying with Section 148 of the Code. Such certificate and elections shall be in such form as may be requested by bond counsel for the City.

15. Limitation on Private Use. ‘I’heCity covenants that it shall not permit the proceeds of the Bonds or the facilities financed with the proceeds of the Bonds to be used in any manner that would result in (a) 5% or more of such proceeds or the facilities financed with such proceeds being used in a trade or business carried on by any person other than a governmental unit, as provided in Section 141(b) of the Code, (b) 5% or more of such proceeds or the facilities linanced with such proceeds being used with respect to any output facility (other than a facility Forthe furnishing of water), within the meaning of Section 141(b)(4) of the Code. or (c) 5% or more of such proceeds being used directly or indirectly to make or linance loans to any persons other than a governmental unit. as provided in Section 141(c) of the Code; provided, however, that if the City receives an opinion of nationally recognized bond counsel that any such covenants need not be complied with to prevent the interest on the Bonds from being includable in the gross income for federal income tax purposes of the registered owners thereof under existing law. the City need not comply with such covenants.

16. SNAP Investment Authorization. The Common Council has previously received and reviewed the Information Statement (the ‘1nformation Statement”), describing the State Non-Arbitrage Program of the Commonwealth of Virginia (“SNAP”) and the Contract Creating the State Non-Arbitrage Program Pool I (the “Contract”), and the Common Council hereby authorizes the City Treasurer in his discretion to utilize SNAP in connection with the investment of the proceeds of the Bonds. The Common Council acknowledges that the Treasury Board of the Commonwealth of Virginia is not, and shall not be. in any way liable to the City in connection with SNA1, except as otherwise provided in the Contract.

17. Continuing I)isclosure Agreement. The President of the Common Council and the City Manager, either of whom may act. are hereby authorized and directed to execute a continuing disclosure agreement (the “Continuing Disclosure Agreement”) setting forth the reports and notices to he liled by the City and containing such covenants as may be necessary to

10 6 assist the purchaser of the Bonds in complying with the provisions of the RLLIepromulgated by the SEC. The Continuing Disclosure Agreement shall be substantially in the form of the City’s prior Continuing Disclosure Agreements, which is hereby approved fur purposes of the Bonds; provided that the City Manager, in collaboration with the Financial Advisor, may make such changes in the Continuing Disclosure Agreement not inconsistent with this Resolution as he may consider to be in the hesi interest of the City. The execution thereof by such officers shall constitute conclusive evidence of their approval of any such completions, omissions, insertions and changes.

18. Other Actions. All other actions of officers of the City in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Bonds are hereby ratified, approved and confirmed. The officers of the City are authorized and directed to execute and deliver all certificates and instruments and to take all such further action as may be considered necessary or desirable in connection with the issuance, sale and delivery of the Bonds.

19. Repeal of Conflicting Resolutions. All resolutions or parts of resolutions in conflict herewith are repealed.

20. Effective Date. This Resolution shall take effect immediately.

11 7 ______, ______, ______

EXHIBIT A

[FORM OF BONDJ

Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation (“DTC”), to the issuer or its agent for registration of transfer, exchange, or payment, and any certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein.

REGISTERED REGISTERED No.R- $______

UNITE!) STATES OF AMERICA

COMMONWEALTH OF ViRGINIA

CITY OF WINCHESTER

General Obligation Public Improvement Bond

Series 2013

INTEREST RATE MATURITY DATE DATEI) DATE CUSIP

% 2013

REGISTERED OWNER: CEI)E & CO.

PRINCIPAL AMOUNT: DOLLARS

The City of Winchester, Virginia (the “City”), for value received, promises to pay, upon surrender hereof to the registered owner hereol or registered assigns or legal representative, the principal sum stated above on the maturity date stated above, subject to prior redemption as hereinafter provided, and to pay interest hereon from its date semiannually on each and beginning , at the annual rate stated above, calculated on the basis of a 360-day year of twelve 30-day months. Principal, premium, if any, and interest are payable in lawful money of the United States of America by the City Treasurer, who has beeii appointed paying agent and registrar for the bonds, or at such bank or trust company as may be appointed as successor paying agent and registrar by the City (the Registrar”).

Notwithstanding any other provision hereol this bond is subject to a book-entry system maintained by The Depository ‘Irust Company (“DTC’), and the payment ol principal. premium.

12 ______, ______. _____,

if any, and interest, the providing of notices and other matters shall he made as described in the Citys Letter of Representations to lYIC.

This bond is one of an issue of $______General Obligation Public Improvement I3onds. Series 2013. ol’like date and tenor, except as to number, denomination, rate of interest. privilege of redemption and maturity, and is issued pursuant to the Constitution and statutes of the Commonwealth of Virginia. including [the City Charter andi the Public l’inance Act of 1991. [‘he bonds have been authorized by an ordinance adopted by the Common Council on October 8. 2013. and are issued pursuant to a resolution adopted by the Common Council on October 8, 201 3. to pay the costs of various public improvements.

l3onds maturing on or before are not subject to redemption prior to maturity. I3onds maturing on or after . , are subject to redemption prior to maturity at the option of the City on or after in whole or in part (in any multiple of $5,000) at aiiy time, upon payment of the fol1oing redemption prices (expressed as a percentage of principal amount of bonds to be redeemed) plus interest accrued and unpaid to the date fixed for redemption:

Period During Which Redeemed Redemption Both Dates Inclusive Price

jBonds maturing on . are required to he redeemed in part before maturity by the City on in the ears and amounts set forth below, at a redemption price equal to the principal amount of the bonds to he redeemed, plus accrued interest to the redemption date:

Year Amount Year Amount

If less than all of the bonds are called for redemption. the bonds to he redeemed shall be selected by the chief financial officer of the City in such manner as such officer may determine to be in the best interesi of the City. If less than all the bonds of any maturity are called for redemption, the bonds within such maturity to he redeemed shall he selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either case. (a) the portion of any bond to be redeemed shall be in the principal amoLint of’S5.000 or some integral multiple thereof’and (b) in selecting bonds for redemption. each bond shall he considered as representing that number of bonds that is obtained by dividing the principal amount of’such bond by $5,000. The City shall cause notice of’ the call for redemption identit’ying the bonds or portions thereof’to he redeemed to be sent by l’acsimile or electronic transmission, registered or certified mail or overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date. to the registered owner hereof If a

13 ______

portion of this bond is called for redemption, a new bond in principal amount of the unredeemed portion hereof will he issued to the registered owner upon surrender hereof.

The City may give a notice of redemption prior to a deposit of redemption moneys if such notice states that the redemption is to be funded with the proceeds of a refunding bond issue and is conditioned on the deposit of such proceeds. Provided that moneys are deposited on or before the redemption date, such notice shall be effective when given. If such proceeds are not available on the redemption date, such bonds will continue to bear interest until paid at the same rate they would have borne had they not been called for redemption. On presentation and surrender of the bonds called for redemption at the place or places of payment, such bonds shall be paid and redeemed.

The full faith and credit of the City are irrevocably pledged for the payment of principal of and premium, if any, and interest on this bond. Unless other funds are lawfully available and appropriated br timely payment of this bond, the Common Council of the City shall levy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all taxable property within the City suflicient to pay when due the principal of and premium, if any, and interest on this bond.

The Registrar shall treat the registered owner of this bond as the person exclusively entitled to payment of principal of and premium, if any, and interest on this bond and the exercise of all others rights and powers of the owner, except that interest payments shall be made to the person shown as the owner on the registration books on the [15thj day of the month preceding each interest payment date.

All acts, conditions and things required by the Constitution and statutes of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been per[brrned, and the issue of bonds of which this bond is one, together with all other indebtedness of the City. is within every debt and other limit prescribed by the Constitution and statutes of the Commonwealth of Virginia.

IN WITNESS WHEREOF, the City of Winchester, Virginia, has caused this bond to be to he signed by the President of its Common Council and its City Treasurer, its seal to be affixed hereto and attested by the Clerk of the Common Council, and this bond to be dated the date first above written.

(SEAL) President of the Common Council, City of Winchester. Virginia

City Treasurer, City of Winchester, Virginia

14 ______

(ATTEST)

Clerk of the Common Council, City of Winchester, Virginia

ASSIGNMENT

FOR VALUE RECEIVED the undersigned sell(s), assign(s) and transfer(s) unto

(Please print or type name and address, including postal zip code, of Transferee)

PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE:

the within bond and all rights thereunder, hereby irrevocably constituting and appointing

Attorney, to translèr said bond on the books kept for the registration thereof, with full power of substitution in the premises.

Dated:

Signature Guaranteed

NOTICE: Signature(s) must he guaranteed (Signature of Registered Owner) by an Eligible Guarantor Institution such as a Commercial Bank, ‘I’rustCompany, NOTICE: The signature above must Securities I3roker/I)ealer, Credit Union correspond with the name of the or Savings Association who is a member registered owner as it appears on the of a medallion program approved by ‘l’he front of this bond in every particular, Securities ‘I’raris1irAssociation, Inc. without alteration or enlargement or any change whatsoever.

15 42347000035 1MF US 46767 153v3 ______

CITY OWI4CHESTER, VIRGINIA

PROPOSEI) CITY COUNCIL AGENDA ITEM

CITY COUNCIL Work session: _August 27, 2013_ CUT OFF DATE: CITY COUNCIL first reading Tuesday September 10. 2013 CITY COUNCIL second reading/public hearing Tuesday October 8, 2013

RESOLUTION ORDINANCE PUBLIC HEARING

ITEM TITLE: Ordinance authorizing the issuance and sale of general obligation public improvement bonds of the City of Winchester, Virginia. in an aggregate principal amount not to exceed $27 Million, to finance the cost of certain capital improvement projects. STAFF RECOMMENDATION: Approve as recommended PUBLIC NOTICE AND HEARING: Separate notice in paper by finance/public hearing Oct.8 ADVISORY BOARD RECOMMENDATION: N/A FUNDING DATA: N/A INSURANCE: As required The initiating Department Director will place below, in sequence of transmittal, the names of each department that must initial their review in order for this item to be placed on the City Council agenda.

INITIALS FOR INITIALS FOR DEPARTMENT APPROVAL DISAPPROVAL DATE

5. City Attorney

6. City Manager

7. Clerk ol Council

Initiating Department [)irector’s Signature: / ) - Date ewe ‘. Mary Blowe. Finance Director C\

Revised: September 28, 2009 16 sale there RECOMMENDATIONS: OPTIONS: however, service issuance BUDGET would choose n Poors) and with budget and THE case create market BACKGROUND: RELATIONSHIP Re: To: Date: From: • • • • • • • of Council the ISSUE: an is be JJC Vesta Maintenance John Corridor Hope Emergency bond a that to and

from

no 1 August issuance Ordinance elementary Mary Honorable more would there paid fit IMPACT: reason Improvements prior The require have

Kerr CITYCOUNCILACTION on in representatives Drive this Phone Blowe, back livable to are Enhancements October be In 27, City to Elementary list: the decided TO of the to Extension City Communication around fees the to bonds Mayor 2013 over Facility System school. The bonds. could utilize existing STRATEGIC City Finance FY issue issuance Staff associated 1 a Staff City 2014 8 th that for (page to and $1,700,000 twenty utilize this (page debt along (page will and finance (page School bond all, has Director his recommends Members (page budget method need 238 of particularly in receipt a fall debt year 249) with 238 PLAN: System this payments. pooled with an 264) those (page of would 238 to annually amount the being term. our of general budget) and this of meet of budget) of City program With our financial projects. 239 (page City pay be the program. budget) objective paid There The with 17 funds not Manager an of obligation for adoption this Council those 238 off, budget) optimal to approximate twenty our such are We advisors change, exceed on With so of 1, extra rating seven can October to budget) presented we as of debt years. time the upgrade this fees. the would choose we $27 agencies have possible to City’s for total Virginia ordinance can 28, receive Million a been be several City debt to etpayments debt 2013.

work MEMO strong able fund (Moodys’ projects Public closely school a issuance. with to to new projects those GO proceed structure our School facilities, watching rating. listed bond and that community City to for Standard with ratings, in Authority, we be

the

The I this Staff the in the funded the debt debt this to

authorized

Circuit

and

resolutions. and exceeding

connection

the

with

authorized

WINCHESTER,

improvements

system

including extension,

improvement

such

premium. City

form,

other

Court

WHEREAS,

manner

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and

renovation

funds

with

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years

bonds

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aggregate

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not

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and

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PROJECTS

FINANCE

PRINCIPAL

THE GENERAL

ORDINANCE

the

any,

issuing

issued

ORDAINED

VIRGINIA:

limited

joint

[3onds

Clerk

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City.

from

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and

CITY

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finance

principal such

interest their

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road.

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equipping

see

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shall

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available,

sold

OBLIGATION

the

one

shall

manner

dates,

City

AMOUNT

AUTHORIZING

center

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Common WINCHESTER,

COSTS

general

bear

street

general

Council

amount

aeeffect take

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which

costs

immediate

bear

THE

and

such

improvements

public

finance

and

obligation

interest

obligations

its

not

Council.

may

and

NOT

date

the

COMMON

sold

certain

PUBLIC

ftLll

CERTAIN

immediately.

school

to the sidewalk

filing

the

following

costs

hereafter

exceed

fihith

City

THE

VIRGINIA,

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public

such

one

capital

improvements,

dates,

(collectively,

of’

and

collaboration

desires

IMPROVEMENT

the

$27.000,000

rate

ISSUANCE

improvements,

EXCEED

CAPITAL

certified

Finance

provide

projects:

improvement

COUNCiL

credit

mature

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rates,

series

shall for

issue

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copy the

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emergency

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with

IMPROVEMENT

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appropriate

“Project”);

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acquisition,

general

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AGGREGATE

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BONDS

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principal

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incurred

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times

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together

facility

hereby

in public

City.

and

the

not

is in ____- ______

Ordinance No. -2013.

The Lindersigned Clerk of the Common Council of the City of Winchester, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a regular meeting of the Common Council of the City of Winchester, Virginia, held on the day of 2013. and of the whole thereof so far as applicable to the matters referred to in such extract.

WITNESS my signature and the seal of the City of Winchester, Virginia. this day of .2013.

(SEAL) Clerk of the Common Council, City of Winchester. Virginia

Revisecf

Initiating

department

The

INStTR4NCE:

FUNDING

Committee ADVISORY

Services

public

PUBLIC ITEM

STAFF

Clerk

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Received

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comment

Manager

Attorney

TITLE:

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Department

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eptember

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Winchester

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CAPER

home

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the

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were

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projects

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include

buyers.

challenge 2013.

that

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operators

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financing

budget.

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region

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home

administered

sold.

often

buyers.

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with

new

period

BRHN contract

26 Source

Program

Housing

Source

various

purchasing

County,

identify

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have

for

our

construction

repair

through

homeownership

and

have

Shenandoah

the

not

acquire,

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tried

partner

households

obstacle

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stages

time

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purchase

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downpayment

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the

certified)

foreclosures.

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level.

also

with

this

Page

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identifying

and

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income

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timeliness

successes.

2012.

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the

units

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qualified

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are

sell

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pre-purchase

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County.

provide

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applicable

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many

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Winchester-

approximately

the

with

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and

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secured

program

NSVRC

date,

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counseling

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properties

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living

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cost

identify

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total

that

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of in

Fifth

completed

and The

redevelopment

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seniors.

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County).

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occupied funding

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2011.

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accessible

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approved

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project

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project

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and

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low

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on completion

initiated

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all

Year

September

income

the includes

rental

the

residents.

rental

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2013

project

Mauertown,

Clarke

Inc.

State

site

CAPER

located

apartments.

units

with

utilization

housing

completed

the

$ development

loan)

(pre

work

50,511.30

2012.

and

Management

2014.

414,293.30

County

25,000.00

Interior

spring

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Berryville/Clarke

funding

residents

Shenandoah

The

VA.

additional

development

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with

and

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2014,

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project

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architecture

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accessible/energy

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and

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three

Woodstock,

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engineering

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the

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individuals.

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units.

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community

and

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fully

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development Citizen identify The estate the play 1. the The resources process regional time The projects members responsible by certified Program No first-months’ families

Northem Financial Managing Shenandoah 1. Serilce income Assistance Faithworks purpose rental Tenant For Rental Jurisdiction Total Tenant HUD HCSPB regional organizations Winchester NSVRC an 2012, Provide Northern staff and Activity Describe professional Program assistance community important Based not for and and data or to Based organizations Agencies: of Shenandoah members work to Assistance HOME TA move comprehensive the the will expanded more for Housing employment Year address also provide and rent

related Participation Alliance Shenandoah Consultants with HOME assuring program a receive Rental City into CDBG appointed than role to were (TBRA) actions funds summary development

Year the and assigned 5 locally qualified Council policy to 25 25 and affordable

safe, in for Goal its CAPER monthly. Consortium. and Valley provided to Assistance an homelessness, an were was informing the funding membership verification Shelter Community Community program CAPER

additional Process additional and decent and non-CHDO direction Valley a HOME appointed taken to applicants, to allocated region. committee regionally participate provide

$ $ Community housing of financial needs and Managing

planning $ (SAS) 42,032.00 42,032.00 Regional and and Obligated in citizen programs Additionally, (TBRA) as HOME and to representative during the Services to shaping affordable organizations Housing within affordable a to needed. direct review will and include and to Community conducted City assistance appointed Faithworks in identify Commission also Development allocation community regular emergency the comments. of rental maintains requirements. progress Policy the the the Winchester, be a Development HCSPB City, housing. HOME12 housing representative HOME affordable providing from assistance members housing Process conference last in to Development Board Incorporated, for make Program build of compliance development is assistance. a members 2013 Programs. 5 program and funded year Faithwork’s 28 responsible local (HCSPB). recommendations capacity quality Source Frederick, TBRA housing of community to to Orqanizations response: Social calls Year advisory from to precariously continue projects. Committee direct in a to standards with Faithwork’s faith-based ensure with Staff the and 2012. priorities families and the TBRA Services HOME The Warren regulations. Northern NSVRC committees other service services local members community this HCSPB Committee NSVRC program Program (CDC) (HQS) housed, in for and in program, and Continuum compliance Virginia department. would non-profit, Shenandoah the delivery staff allocation 19 19 Shenandoah to other Units Shenandoah works continues attend Region. whose compliance better to NSVRC development provided in or qualify members Administration. Grantees. review and pursuing homeless Critical Complete for with of regular to inform of primary The a housing Care In currently support and applicants to local new NSVRC progress security with Valley. Program Counties. work meet for HCSPB Community additional NSVRC the Page (C0C), trainings organization needs, individuals community purpose units programs Version a fund with program as has staff NSVRC deposits tenant $ of $ Counties. based

Year $ continues needed, selected. a 39,475.00 39,475.00 staff funded known CHDO

The two Expended allocation local provided to is 2012, review based and to full on in is and real- 2.0 as the but to

Fifth

focused

System with

completed

(VCEH). of

The

Members

Program

Institutional

participation

NSVRC

1. City there

has

accomplishments

regarding

Two

2013),

CAPER Winchester

City

CDBG Tool.

Citizen

NSVRC

Program *please

2. Jurisdiction

the

major

also

Council

structures

Council

Describe

categories

ensure

Uniform

economic

property

information

organizations.

and

have

objectives.

implementation

income

demonstrates

disallowed

returned

this

farms

displacement

are

acquisition,

within

undertaken

and

the

been

first

reporting steps

require

low-

Relocation

those

nature

benefit

of development,

Act

education.

one

persons

disallowed,

Version

nonprofit

housing notices

parcel.

and

being

each

special

that

the

where

1974,

period

the

their

Act

to 2.0 Jurisdiction

d. Total amount to be reimbursed and the time period over which the reimbursement is to be made, if the reimbursement is made with multi-year payments.

10. Loans and other receivables a. List the principal balance for each float-funded activity outstanding as of the end of the reporting period and the date(s) by which the funds are expected to be received. b. List the total number of other loans outstanding and the principal balance owed as of the end of the reporting period. c. List separately the total number of outstanding loans that are deferred or forgivable, the principal balance owed as of the end of the reporting period, and the terms of the deferral or forgiveness. d. Detail the total number and amount of loans made with CDBG funds that have gone into default and for which the balance was forgiven or written off during the reporting period. e. Provide a List of the parcels of property owned by the grantee or its subrecipients that have been acquired or improved using CDBG funds and that are available for sale as of the end of the reporting period.

11. Lump sum agreements a. Provide the name of the financial institution. b. Provide the date the funds were deposited. c. Provide the date the use of funds commenced. d. Provide the percentage of funds disbursed within 180 days of deposit in the institution.

12. Housing Rehabilitation — for each type of rehabilitation program for which projects/units were reported as completed during the program year a. Identify the type of program and number of projects/units completed for each program. b. Provide the total CDBG funds involved in the program. c. Detail other public and private funds involved in the project.

13. Neighborhood Revitalization Strategies — for grantees that have HUD-approved neighborhood revitalization strategies a. Describe progress against benchmarks for the program year. For grantees with Federally-designated EZs or ECs that received HUD approval for a neighborhood revitalization strategy, reports that are required as part of the EZ/EC process shall suffice for purposes of reporting progress.

Program Year 5 CAPER Community Development response:

1. a. Theuse ofCDBGfundsforthe rehabilitationoftheTaylorHotelandestablishmentofa pocketparkcoexists withthe City’sprimaryobjectiveto establisha suitablelivingenvironment.Completionofthisprojectwill createa publicgreenspace ina lowincomeneighborhoodthatwillincreasetheoveralllivingenvironment, hencemeetingthe City’scoreCDBGobjective. b. Notapplicable c. TheCDBGTargetAreahas been thelocallydesignatedarea wherethe majorityofCDBGfunded site specificprojectswilloccur. The TaylorHotel,whichis locatedinthe CDBGTargetArea,willhosta public pocketparkthatwillbe availableforallcommunityresidents,especiallythose insurroundingneighborhoods that have beenclassifiedas low-income.Also,thesefundshaveassistedinthe rehabilitationofa

Fifth Program Year CAPER 14 Version 2.0

37 Jurisd cti on

condemnedpropertythatposeda potentialsafetyhazardto the manypedestrianstraversingthe neighborhood.

2. a. TheSection108Loanreceivedin2012ispartofthe neighborhoodbasedefforttoeithereliminateslumsor reduceblightortakeproactivestepsto revitalizea neighborhood.TheCity’sprioritizationofprojectsfor CDBGfundingdisplaysrecognitionthatthereare limitedresourcesavailabletocreatethe mostsignificant impactpossibleina neighborhood.Cityleadershopethat,inthefuture,projectsfundedwithCDBGwill havea ripplingeffectonthe overallqualityofthe neighborhoodswhereprojectsoccur.

3. a. TheCity’suse ofgeneralfundsanda Section108Loanforthe publicgreenspace andthe rehabilitationof theTaylorHotelmaximizeouravailableresources. Byusingthisapproachandpromotingcontinuedpublic investment,the Cityintendsto initiatefurtherblightabatementbyvestedpartiesina CDBGTargetArea. b. TheWinchesterCommunityDevelopmentCommitteereviewsand makesrecommendationstothe City CouncilregardinganyrequestsforCDBGfunding.Thecommitteemembersreviewallproposalsand considertheirconsistencywiththe City’sobjectivesidentifiedinthe ConsolidatedPlanandthe localpriorities fortheprogramyear. TheCityCouncilreviewsallrecommendationsforpotentialprojectsto be fundedwith CDBGbeforeprojectapproval. c. TheCitydidnothinderConsolidatedPlanimplementationdueto thefactthat thecreationofa publicpark andrehabilitationoflargedilapidatedpropertyalignwiththe City’sstated ConsolidatedPlanobjectiveof strengtheningcommunitiesthroughthe removalofblightedproperties.

4. a. Notapplicable b.Notapplicable

5. a. Thepropertywas unoccupiedpriorto itsacquisitionandhadnodisplacementimpactoncommunityresidents. b. Notapplicable c. Notapplicable

6. a. Notapplicable b. Notapplicable c. Notapplicable

7. a. Notapplicable

8. a. Notapplicable b. Notapplicable C. Notapplicable d. Notapplicable

9. a. Notapplicable b. Notapplicable c. Notapplicable d. Notapplicable

10, a. Notapplicable b. Notapplicable c. Notapplicable

Fifth Program Year CAPER 15 Version 2.0

Fifth

*Please

Specific through

Consolidated

Program

*please

Non-homeless

mainstream

the

Neither

Antipoverty

Program

1. 13.

12.

Jurisdiction

11.

2012,

poverty

Grantees

Overall

families).

Identify but - - - - -

living

a. C.

Describe

a. d.

b. a.

e. d.

Program

coordination

Not

the Not

Not

the

Not

also

VIEW

General

Housing

TANF

Food

Medicaid

require

City,

applicable

level.

applicable

NSVRC applicable

applicable

Year applicable

applicable

programs

Year

Plan

below

refer

Assessment

HOPWA

Stamps

actions

nor

should

actions

with

Relief However,

Year Choice

continued

with

the

supportive

CAPER

the

intended

the

CAPER

specific

the

Strategy

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the

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Voucher

taken

HOPWA

Special

Non-homeless

demonstrate

poverty

each

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local

Objectives

working

actions

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Continuum assist

Program

Relationship

Table

the

housing,

during

address

level.

Departments

families

address

develop

Needs

Special took

the

through

the

Care.

specific

living

(including

Strategy

those

Needs.xls

special

Needs

Special

last

assessment

This

persons

Social

action

HOPWA

the

the year

also

Table

workbook.

needs

margin:

response:

Services

CAPER

Needs

persons

included

and

2012

non-homeless

Funds

families

reduce

the

response:

and

Needs.xls

persons

reduce

the

with

development

living

region

the

Goals

the

HIV/AIDS

special

number

continued

workbook.

poverty. number

that

IDIS

and

needs

are

the

Objectives

persons

20 and

reports

not

operate

13-2017

the

persons

Version

their

homeless

regional

living

numerous

the

below

level 2.0 Fifth 2. Jurisdiction that This a. f. e. d. c. a. b. HOPWA progress Program ii. That Grantee That i. That and conjunction That strategies; with to That That resources community-based persons national housing affordable HIV/AIDS includes: should serve (1) Project (6) (5) (4) (3) (2) Grantee (1) their funding. HIV/AIDS community through community community-wide community progress they Year A community including their emergency prevent the programs, bodies, planning activities, Collaborative the A individuals A What planning number A conducted of How housing be living for Narrative brief the goal description brief brief each families are and Accomplishment value use housing are accomplished CAPER families. grant and low-income with other housing of community-wide Grantees summary description description matched AIDS with is their homelessness; project of making of and activities with document development increasing Community of strategies strategies being including partnerships housing or HOPWA and persons management are or or residences resources non-profits services using HIV/AIDS; their families other Drug efforts of organizations clients, short-term and met. how sponsor HIV/AIDS at the made should with of persons and families; to HOPWA by related accomplishing of funds Assistance of efforts living all cash or project the local identify produce with Overview or the ensure your through advocates, HOPWA Overview providing were toward advisory related housing cost, between are rental and demonstrate: materials availability strategies and oversight resources including jurisdiction, planning with related rent, living housing supportive that organization, funds 17 creating used sponsors finally, operating 40 a and the and funding assistance; services meeting a Programs, HIV/AIDS broad activities mortgage assist body an with comprehensive State needs and supply in Ryan programs identified support provided strategies and Federal, reference of executive and of conjunction models HIV/AIDS; overview are other project service persons its to decent, and cost the White public of in-kind related the broken create need, homeless selected or persons actual facility HOPWA local for by resources goals State, including and utility area to are sponsor summary CARE needs consultations living safe, volunteers those of and contributions, any comprehensive with community supportive governments down innovative units meeting the and of based local, living payments goal assistance Act the and appropriate of with service, facilities HOPWA coordination range/type activities for objectives by of persons planning (1-5 estimated for affordable and housing, with housing HIV/AIDS persons three or HUD’s services involved strategies providing Version plan; pages) by the other funded to HIV/AIDS and such and living types: is other housing with name of for with and as and 2.0 in in Jurisdiction

(2) The number of units of housing which have been created through acquisition, rehabilitation, or new construction since 1993 with any HOPWA funds (3) A brief description of any unique supportive service or other service delivery models or efforts (4) Any other accomplishments recognized in your community due to the use of HOPWA funds, including any projects in developmental stages that are not operational.

iii. Barriers or Trends Overview (1) Describe any barriers encountered, actions in response to barriers, and recommendations for program improvement (2) Trends you expect your community to face in meeting the needs of persons with HIV/AIDS, and (3) Any other information you feel may be important as you look at providing services to persons with HIV/AIDS in the next 5-10 years b. Accomplishment Data i. Completion of CAPER Performance Chart 1 of Actual Performance in the provision of housing (Table 11-1 to be submitted with CAPER). ii. Completion of CAPER Performance Chart 2 of Comparison to Planned Housing Actions (Table 11-2 to be submitted with CAPER).

Program Year 5 CAPER Specific HOPWA Objectives response:

NSVRCdoes notcoordinateoradministerHOPWAfundingas partofthe ConsolidatedorAnnualActionPlan. Accomplishmentsunderthiscategoryare reportedintheVirginiaCAPER.

Include any CAPER information that was not covered by narratives in any other section.

Program Year 5 CAPER Other Narrative response:

NotApplicable.

Fifth Program Year CAPER 18 Version 2.0

41 (Planning) 4. Initiating 3. 2. The department 1. FUNDING Planning ADVISORY Approval Public INSURANCE: PUBLIC and STAFF (CM-I) CU-13-422 ITEM CITY Clerk Zoning City City body initiating hearing COUNCIL TITLE: District. Attorney Manager RECOMMENDATION: Commission of and with Department AU NOTICE Received Council that Request DEPARTMENT DATA: fender RESOLUTION for conditions BOARD Department must l2O3 N/A 9/10/13 -

- CITY work MEETING of AND N/A recommended initial Director’s Daniel m RECOMMENDATION: at Council Director HEARING: 427 PROPOSED their

T. OF North Knight, OF: Signature: meeting review approval

will WINCHESTER Cameron 9/10/13 8/27/13 ORDINANCE Jr. place in CITY for with order a INITIALS below, Street (ricni1nr ‘ (work conditional APPROVAL conditions COUNCIL 42

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upholstering, ) each agenda. Industrial ,/,i2

report.

RECOMMENDATIONS:

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door 1-2 C I N I A —IROPOSED CITY COUNCIL AGENDA ITEM CITY COUNCIL MEETING OF: 8/27/13 (work session), CUT OFF I)ATE: 8/21/13 9/10/1 3 (renular rnt

RESOLUTION ORDINANCE PUBLIC HEARING X

ITEM TITLE: CU-13-372 Request of Morris & Ritchie Associates on behalf of the City of Winchester for a conditional use permit to constructa telecommunicationstower at 700 Jefferson Street 1(Ma Number 190-0] -3,) zoned Education,Institutionand PublicUse (EIP) District.

STAFF RECOMMENDATION: Approval with conditions

PUBLIC NOTICE AND HEARING: Public hearing for 9/10/13 Council meeting

ADVISORY BOARD RECOMMENDATION: Planning Commission recommended appro al with conditions

FUNDING DATA: N/A

INSURANCE: N/A

The initiating Department Director will place below, in sequence of transmittal, the names of each department that must initial their review in order for this item to he placed on the City Council agenda.

INITIALS FOR INITIALS FOR DEPARTMENT APPROVAL DISAPPROVAL DATE

1. Planning

2. Emergency Management 3. City Attorney 9?Z/2t’i2 4. City Manager 22— /3 5. Clerk of Council

Initiating Department Director’s Signature:______

47 vote. RECOMMENDATIONS: OPTIONS: Planning stages THE No communications BUDGET City required BACKGROUND: Goal To: Progress RELATIONSHIP Re: Request Date: From: funding - - - staff ISSUE: #2 for Approve Approve Deny — (2013-2014) for

Commission I IMPACT: upgrades August Aaron Develop Conditional Honorable has several is CUP the received required. TO Grisdale, with with 21, application for tower a years. to High

STRATEGIC CITY — installation Mayor 2013 conditions revised Use the and Public a Performing on conditional (Full Director City’s Permit recommend City and Safety conditions

staff COUNCIL PLAN: owned public Members of recommended (CU-13-372) of Communications Organization, a report use new Zoning safety property approval permit public is of attached). and communication City — Goal application Public by safety with at Inspections Council System the 700

48 ACTION #4 conditions Safety Planning communications Jefferson Create for Communications system a the More Commission as Street. construction noted that

Livable MEMO tower This within has City request been Tower at for of the 700 a All, in 237-foot staff is Jefferson the Management part report development of radio

the I Street. on in a 4-2 City Council Work Session August 27, 2013

CU-13-372 Request of Morris & Ritchie Associates on behalf of the City of Winchester for a conditional use permit to construct a telecommunications tower at 700 Jefferson Street (Map Number 190-01-3) zoned Education, Institution and Public Use (EIP) District.

REQUESTDESCRIPTION The request is for a 237-foot radio communications tower to be located behind the existing John Kerr Elementary School at 700 Jefferson Street adjacent to the existing elevated water tank. The tower will be of a lattice-style construction.

AREADESCRIPTION r The subject parcel is located on the western terminus of Jefferson Street. The parcel is zoned Education, Institution, and Public Use (EIP) District. The property to the north and east is similarly zoned EIP, and properties on the south, west are zoned Low Density Residential (LR) District. The vicinity is composed of residential, agricultural, and educational uses. On the east is the John Kerr Elementary School, a single family residential property is directly to the south, and the Glass Glen Burnie Foundation property.

STAFFCOMMENTS This request involves the installation of a 230-foot radio communications tower to support a Public Safety Radio Communications System to upgrade the City’s infrastructure and improve the service coverage throughout the community. The main portion of the tower and all antennas will be no taller than the proposed 230-foot height. However, there is a lightning rod and aircraft beacon that will be mounted on the top of the tower, for an absolute height of 237-feet. The Winchester Zoning Ordinance establishes several maximum telecommunications tower heights throughout the City of Winchester; however, the EIP district does not have a maximum tower height.

Part of the requirement of the public safety communications system is a federally mandated upgrade to the existing infrastructure that the City utilizes, and is a time sensitive request as well. The project was supposed to be completed by January 1, 2013; however due to technical issues with the process, the City received a one year extension until 2014.

Motorola responded to a City of Winchester Public Safety Radio Network RFPdated December 15, 2011. This was a competitive procurement. The City asked for four different possible options: Option A—Full 800MHz Trunking Radio Network, Option B—800MHz/VHF Hybrid System, Option C—VHF Compliant System and Option D—Alternative Solutions. Motorola chose to submit a proposal to the City of Winchester under the Option D—Alternative Solutions scenario. This enabled the City to provide a single site 800MHz trunking/VHF system that would meet or exceed the specifications set forth in the City’s

Section

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a a 3) The tower height is no more than the minimum to accomplish required coverage.

Originally the height of the tower was designed to be 250-feet. After further analysis, it was determined that a 230-foot tower would be able to achieve the requirements of the updated public safety communications system. There is no maximum height limitation for the EIPdistrict provided in the Zoning Ordinance.

4) The tower construction is of a design which minimizes the visual impact and the tower and other facilities have been camouflaged and/or screened from adjacent properties and rights-of-way to the maximum extent practicable.

The tower is of a lattice-style design, which is necessary for the structural stability of the tower due to the height. The support equipment is proposed to be screened from the public right-of- way by a row of evergreen trees to help minimize the visual impact from the street.

5) The proposal must provide for the retention of existing stands of trees and the installation of screening where existing trees do not mitigate the visual impact of the facility. Such screening must, at a minimum, meet the requirements of Section 19-5-6.4d of the Ordinance. The Planning Commission may recommend and the City Council may require additional trees and screening when the minimum provisions do not mitigate adverse visual impacts of the facility.

The applicant is not proposing to eliminate any trees in the area. The support equipment will be located adjacent to the tower structure, with evergreen screening along the southern property boundary along Jefferson Street.

6) The electromagnetic fields do not exceed the radio frequency emission standards established by the American National Standards Institute (ANSI)or standard issued by the Federal Government subsequent to the adoption of this Ordinance.

The applicant will provide the necessary documentation to affirm that the proposal will meet the Federal Government frequency emission standards. Additionally, the tower proposal is undergoing review with the required FAAapprovals for the proposed location and height of the structure. A warning beacon is required to be installed at the top of the tower facility. In the Elecromagnetic Emissions (EME) report submitted to the City, the documentation shows that the proposed EMEfrom the public safety communications tower will not exceed the acceptable exposure limits for the general public.

Staff believes that the proposal meets the requirements outlined in Section 18-2-1.2 of the Zoning Ordinance. The request, while proposed to be the tallest telecommunications tower structure in the City, will be the minimum needed in order to accomplish the requirements of the upgraded public safety communications system. Should the structure fail, there are no adjacent residences or occupied structures that are in danger of being in a “fall-zone.” The applicant submitted a drawing that indicates that the proposed fall zone would be largely contained within the subject parcel of 700 Jefferson Street.

RECOMMENDATION

welfare

improvements approval

During

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Submit

once

their

residents

applicant,

the

August

4-2

equipment

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vote,

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CU-13-372

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WINCHESTER

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the into APPENDIX C - CANDIDATE RADIO SITES COMMON NAME ADDRESS X/Y GROUND STRUCTURE OWNER AVAILABILITY OPTION FOR NEW COORDINATES ELEVATION HEIGHT PUBLIC SAFETY SITE Yes/No, Why

Timbrook Public Safety 231 East Piccadilly Street 78-9-39.643W 720’ 50 ft tower City of Winchester Ava’iable No. Site wii not meet coverage Center 39-11-5 292 N specfication and would require additional sites to meet specifications. Tower will not structurally support additional antenna system.

Jefferson Water Tower 540 Jefferson Street 78-11-01.80W 866’ 150 Water Tower City of Winchester Ava’abe No. Site ‘: not meet coverage 39-10-48 10 N specification and would require additional sites to meet specifications. (Note this location is best candidate for a new tower to meet the coverage specification sith single site) Frederick Douglas 100W. Cedarmeade Ave. 78-10-53.674W 744’ Land only Winchester Public Available No. Site will not meet coverage Elementary School 39-96.812 N Schools specification and would require ,dditional sites to meet .pecifications. Health 59 Professionals 1775 North Sector Court 78-11-9.427W 866’ 83’ Valley Health Systems Unknown No. Site will not meet coverage Building 39-12-1 066 N specification and would require idditional sites to meet pecifications. North Loudoun Parking 50 East Fairfax Lane 78-9-50,584 W 728’ 728’ Winchester Parking Avarable No. Site will not meet coverage Garage 39-11-16.306 N includes structure Authority .pecification and would require height at roof (NW additional Sites to meet corner) specifications. Winchester City Yards 310 E. Pall Mall Street 78-9-44,721W 702’ Land only City of Winchester, Available No. Site will not meet coverage (Northeast of Spreader pecification and would require Storage Area) idditional sites to meet specifications. 39-10-37.572 N Virginia Avenue Charlotte 550 Virginia Ave. - 78-9-8.052W 712’ Land only Winchester Public Available No. Site will not meet coverage DeHart Elementary Schools (North of School pecification and would require School Parking Lot) additional sites to meet specifications. 39-11-20.829 N John Handley High School 425 Handley Blvd 78-10-41366W 852’ Land only Winchester Pubic Available No. Site will not meet coverage 39-10-42 935 N Schools specification or would require additional Sites to meet specifications Active Living Center/War 1001 East Cork Street 78-9-18.867W 716’ Land on’,’ City of Winchester Available No. Site will not meet coverage Memorial Building 39-10-29826 N specification or would require additional sites to meet specifications. Shentel Stadium 1122 Ralph Shockey 78-9-13.96W 853’ Land only Shenandoah University Unknown No. Site will not meet coverage Drive pecification or woud require 39-9-57.065 N outside city limits ,dditional sites to meet pecifications. Shentel Tower 701 Fairmont Ave 78-10-9.173W 870 201’ National Fruit Products Unknown No. Site will not meet coverage 39-11-57 389 N pecification or would requre ,dditional sites to meet pecifications. 60

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noted

assessment

APE

broad

the

Fairfax

railroad

Handley

blocks

does

under

follows

although

the

82 1830; 1812,

grid

Coca-Cola

significance

the

and

concrete-block

late

Winchester,

viewing

Handley

the

first

Scranton,

not

evaluation.

Jackson’s

park-like

plan,

The

listed

303

Criteria

High

weather

be 19th-century

Winchester,

Davis

with

additions in

rpsdtower proposed

the

line,

High

appear

historic

the

and

was

contributing

size

and

Cleveland,

building

eighty

south,

under

School

proceeds

rear,

Art

High

and

2003

the

311

only

School

conducted

the

and

Pennsylvania

445

Virginia.

balloon

campus

Headquarters

Platt,

Deco

and

Mt.

warehouse

1940-1957

eventually city

one-story,

Criteria

proposed

Fairmont),

reflect percent

Tennyson

School

and

envelopes

Virginia,

privately

Italianate

Fairmont

1758

retains

Hebron

from

Inc.,

one

style,

limits.

Ohio,

site.

was

2012

also

The

and

to the

the

A of

a a

within

resource

Table

lists Coca-Cola

Photographs

Winchester

0034), Grove

the

listed balloon

balloon

The

communications

034-5023

138-0008

034-1236

034-0456

034-0090

034-0089

DHR

proposed

the

balloon

resources

the

(034-0089),

No.

resources

was

number

Table

APE.

Bottling

Winchester

(034-0456)

flown

were

extended

tower

test

Due

Glen

tower

except

with

Willow

Recorded

Third

taken

Ridge/West served

Plant

(Thomas

Battlefield

would

(Opeguon

Penhrook-Cove

Willow

Second

200

Burnie reference

Property

and

Battle

Historic

Willow

Glen

and

overlapping

when

Grove

from

(138-5004)

let

250

House)

provided

Cook

Winchester

Architectural

Burnie

the

Battlefield)

(Apple

Fort

Grove

(Jacob

for

Grove simulate

visible

culTent

(138-0008),

thirty-eight

Winchester

feet,

Name

District

House)

Second

Parcel)

scale

Farm

photo

Pie

Baker

the

within

resources

(Jacob

from

photos

uniaiemeasure quantitative

and

the

height

(138-0042),

Battle

locations

Resources

Numbers.

locations

stability.

the

Hawthorne

the

height

Baker

lgbeLse Photo Eligible/Listed of 71

—

Y-

photos

Y-

Destroyed

defined Y-NRHP

four

Not

resources

Eligible

the

and

Winchester

Eligible

and

within

House)

NHRP-eligible

across

The

Handley

are

proposed

photo

0.75-mile

(138-0030),

location

purpose

referenced

were

APE

the

(034-0090),

numbers

All

19;

closest

within

location

2-6;

elevation

similar

Location

Closest within

elevation

Location

similar

Closest

within

High

visibility

(034-5023),

APE

taken

and

20:

selisupport

Access

APE

24-35

APE

photo

APE resources

APE

Location

School

the

Photo

the

Photo

the

and

where

for

cover

test

Hexagon

street

The

visual

tower

proposed

the

Locations

and

(138-5001)

was

Only

No from

from

Only

19, locations-

12,

possible.

tower.

including

installation.

all

location

Third

Visible

the

visibility.

17,

effects.

the

House

determine

six

emergency

and

resources

Battle

28-33

31-55

23;

27;

17;

34-36. 20,

10;

1-5; 9,

13-14; Table

42 and

14,

and

NRHP

Willow

second

Photo

3-5,

11,13-

(138-

29:

25;

20;

23,

11;

17,

The

not

the

2 # DHR No. Property Name Eligible/Listed Photo Location ‘isiblc Photo # Col. Richard E. Byrd House N- Contributing to 138-0013 (Mackey) I-ID 28 No 16-17 Ward I-louse, 521 S N- Contributing to 138-0024 Washington St 1-ID 31 No 12-13

138-0030 Flawthorne Y-NRI-IP 21; 22; 23 No 25-27; 29 138-0034 Hexagon House Y-NRHP 23 No 24-25 Winchester 1-listoricDistrict 10-13; 138-0042 and Boundary Increase Y- NRHP 28; 31; 32 No 15-17 House, 514 Amherst Street N- C’ontributing to 138-0050 (Sclma) HD 24 No 21; 23 Building, 338 Amherst N- Contributing to 138-0064 Street HD 24 No 22-23 Winchester Little Theatre (Penn Central Train Depot), N- Contributing to 138-0078 317-21 W Boscawen HD 25 No 18; 20 Building, 325-31 W N- Contributing to 138-0087 Boscawen HD 25 No 19-20 N- Contributing to 138-0098 House, 216 W Clifford HD 28 No 15; 17 N- Contributing to 138-0123 house, 216 W Pall Mall St 1-ID 32 No 10-11

138-5001 Flandley High School Y-NIUIP 1; 33-35 No 1-2; 4-5 1-5; 7-9; 11; 13: 14; 17; Only 20: 23; visible 25-3 1; First Winchester Battlefield 1-17; 20-21; from 12, 34-36;38- 138-5005 (Winchester 1/Bowers Hill) N-Not Eligible 23-38 17 & 38 55 Old Town Spring (Federal 138-5013 Spring) N-Not Evalauted 21 No 28-29 Coca-Cola Bottling Plant. 138-5044 1720 Valley Avenue (Rt 11) Y- NRFIP 4-6 No 6-9

During the site visit and balloon test it was determined that the balloon was barely visible from Photo Locations 12, 17 and 19 and visible from Location 28 (Photos 32, 38, 43, and 54). Photo simulations were done from the locations were the balloon was visible (Photos 33, 39, 44, 45). The tower will not be visible the majority of the locations. Two resources Willow Grove (034- 0089), Willow Grove (Jacob Baker House (034-0090) have their primary resources located outside of the APE and public access was not available to the portion of the property that falls within the APE. Photos taken at the same elevation close to the edge of the APE indicate that the tower will not be visible from these two resources. The tower will not be visible from Hawthorne (138-0030), the Hexagon House (138-0034), the Winchester Historic District (138- 0042) or any of the contributing resources to the historic district included those outside the mapping district boundary, Handley High School (138-5001) and the Coca-Cola Bottling Plant (138-5004).

The

House proposed

the

5001) eligible

developed,

NRHP

slightly However,

Burnie

(138-5004). Historic The

topography Willow

APE. The

Battle

located both Civil

First National

The

eligible

listing

Valley 0456)) The

Second other the

Winchester.

Winchester

six

northwest

Third

data

tower

proposed

Battle

battlefields.

War

and

locations

The

(138-0034), on

listed

(138-0008)

NRHP-

located

well

Grove

resources

Battle

for

visible

District

gathered

Winchester

emergency

the

Battle

located

large

Sites

proposed

will

particularly

listing

makes

The

north

properties

Coca-Cola

NRHP.

corner

tower

(Jacob

just

Winchester.

listed

not

Advisory

from

(138-0042),

portions

tower

Winchester

located

boundaries

within during

Willow

the

but

outside

Winchester

the the

tower

falls

not

communications is

the

resources Baker

NRHP.

2009

will

The

located

visible

south will

Hawthorne

located property

Winchester

the

Bottling

few

visible

the

proposed

the

of Commission

east

within

Grove

the

will

not

proposed

NRHP

House

ABPP

Handley

site

the

(034-5023)

APE.

and

for

locations

The

boundary.

south

from

slightly

(034-0456)

east

PotNR

Glen

from

and

visit

two

the

surrounding

Plant

the

(034-0089),

east

visible

slightly

listed

tower

Second

(138-0030),

(034-0090),

evaluated

Historic

The

locations

battlefields

tower

battlefields will

proposed

Bumie

High

indicated,

the

tower

visible

the

and

(138-5004).

was

Glen

within

and boundary.

First

from

the

location

NHRP-

not

City

visible

and

Battle

American

School

location

delined

Burnie

proposed

District will

(138-0008),

from

within

all

area,

Willow Battle be

the

third

the

The tower

the the

that

(PotNR).

(First

battlefields

visible

from

and

have

Winchester

eligible

remainder

Second

(138-5001)

the

Hexagon

battlefield

The

(138-0008),

Winchester

Second

Third

and falls

the

for

the

Battlefield

(138-0042),

the

location.

Grove

northwestern

installation.

Battle

lower

the

Winchester

proposed

within

Third

within

few

from

Hawthorne

City

Battle

resources

adverse

Second

Battle

House

locations

(Jacob of

and

PotNR

and

(Third

the

Battle

the

has

the

the and

located

Protection

The

Virginia

Winchester

Winchester.

tower

Handley

does

the

Museum

property.

Winchester

been

core

(138-0034), Battle

has

corner

will

effect

battlefield

Willow

Baker

Battle

PotNR

(138-0030),

areas

Coca-Cola

within

Winchester

not

such

been

will

recommended

area,

deteimined

Winchester

and

Program

were

fall

High

slightly

House

(138-5005)

Grove

not

area

that

The

recommended

Winchester

boundary

the

Winchester

defined

the

The

(034-5023),

(034-0456),

within

boundaries,

the

defined

tree

Bottling

Second

School

tower

the for

four

Third

(034-0090),

(034-5023).

visible

(034-0089),

Shenandoah

visible

Winchester

(ABPP)

eligible

within

cover

the

Hexagon

the

potential

that

NHRP

will

arid

for

Battle

(138-

but

Third

APE.

Plant

Glen

(034-

from

and

the

are

the

the not

the

lbr

be is

Figure

Map

Key

Showing 14

Location

Photographs.

r I

075 CUlTURAL (i1 Arcliiiecniial oJ nfl. V bi,tI.jr

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President

Ellen

Sincerely,

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email tower

however

properties

slightly District

Burnie

5004).

visible

telecommunications

properties Baker

District

View 5004),

(Jacob

Conclusions

fY/

will

shed

(138-0008)

within

Baker

House

from

The

ebrady(aculturalresources.net.

(138-0042),

visible

Brady

these

Hawthorne

have

Hawthorne

additional

analysis

tower

the

House)

the

views

(034-0090),

from

NHRP-

APE,

but

will

adverse

tower

1-landley

Handley

(034-0090),

information,

will

(138-0030),

the

not be

determined

few

eligible

not

located

NHRP-

slightly

The

adversely

effect

High

locations

High

Third

The

visible

resources

please

School

ligible

visible School

the

that

700

affect

Third

the

within

Hexagon

Battle

Hexagon

the

from

Jefferson

above

resources

(138-5001)

from

(138-5001)

the

Willow

Battle

proposed

not 15

the

resource.

the

hesitate

resources.

House

remainder

House

Winchester

Second

Street

northwestern

Willow

Grove

Winchester

250

and

(138-0034),

(13

foot

the

contact

(034-0089),

Battle

Should

8-0034),

Grove

Winchester,

recommended

Coca-Cola

the

Coca-Cola

(034-0456),

City

(034-0456),

corner

property.

you

(034-0089),

the

Winchester

have

Willow

Winchester

757-626-0558

Virginia

Bottling

Winchester

Bottling

and

boundary

The

that

any

and

Willow

Grove

NRHP

tower

the

NRHP-listed

questions

(034-5023),

Plant

will Plant

emergency

proposed

Historic

will

not

(Jacob

Grove

listed

(138-

Glen

be or

Motorola

Pieter

Project

August

Please

The

(Point

Exposure

Attached Summary

August

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Jansen

refer

Manager

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MOTOROLA

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EME

Solutions,

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Electromagnet

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Winchester,

data.

Band

SOLUTIONS

assessment

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anteimas.

Virginia

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Assessment

Virginia that

EME

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compliant

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MOTOROLA

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measurement

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MOTOROLA

SOLUTIONS

respect

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Winchester

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out

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Virginia

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for to City of Winchester, Virginia - EME ASSESSMENT

complicated to estimate (measurements or electromagnetic simulations) than free-space fields or the equivalent power density. Thus in this case the simpler, practical approach to compute the compliance distance based on the analytical estimation of power density is used. Antenna Site Information

The transmit system at the Jefferson Tower site features four types of transmit antennas in different configurations.

The 800 MHz system features 1 antenna (Sinclair SC479-HL1LDF) installed at 196’ above ground level on the south leg of the tower. It is connected through a 4 dB loss combiner/splitter and a 3.2 dB loss cable, fed by a 6-channel GTR8000 repeater system with 100 W per channel output power. Six RE channels feed the single antenna. Taking into account the mentioned losses and the 50% duty-cycle due to the PTT transmit mode, the forward RE power at this antenna connector is about 57.2 W.

The PTP system features 2 antennas (Cambium 85010089003); one is installed at 163’ and the other at 168’ above ground level on the north leg of the tower. The transmitter is attached directly to the antenna (dish), so the cable loss is negligible. The forward power of the PTP 800 transmitter is approximately 1.0 W.

The VHF system features 1 antenna (Sinclair SC229-SFXLDF) installed at 178’ above ground level on the north leg of the tower. It is connected through a 6 dB loss combiner/splitter and a 1.8 dB loss cable, fed by a 5-channel MTR3000 repeater system with 100 W per channel output power. Five RE channels feed the single antenna. Taking into account the mentioned losses and the 50% duty-cycle due to the PTT transmit mode, the forward RE power at this antenna connector is about 68.8 W.

The Low Band system features 1 antenna (RFS 1142-2BN2) installed at 97’ above ground level on the north leg of the tower. It is connected with a 0.6 dB loss cable, fed by a single channel base station. Taking into account the mentioned loss and the 50% duty-cycle due to the PTT transmit mode, the forward RE power at this antenna connector is about 33 W.

TX Antennas

Sinclair SC479-HF1LDF: Omni-directional antenna, with 9.0 dBd gain, about 6-degree vertical beamwidth, and a 2 degree down-tilt. Data sheet is attached. Cambium Networks 85010089003: Directional antenna, with 37.0 dBd gain, about 2.2-degree vertical beamwidth, no down-tilt. Data sheet is attached.

Sinclair SC229-SEXLDF: Omni-directional antenna, with 6.0 dBd gain, about 17- degree vertical beamwidth, no down-tilt. Data sheet is attached.

RFS 1142-2BN: Directional antenna, with 2.1 dBd gain, about 75- degree vertical beamwidth, no down-tilt. Data sheet is attached.

2/13

MOTOROLASOLUTIONS PUBLIC

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Exposure Prediction Models Two different models are employed to perform the exposure assessment. One is relative to exposures at the same level as the antenna and in front of collinear arrays, while the other is for exposure at ground level.

A. Exposure in Front of the Collinear Array Antennas The behaviors of the spatially averaged and the spatial peak equivalent power density in the near radiating field of typical base station array antennas (omni-directional or sector coverage) can be predicted using simple algebraic formulas that depend on a few, readily available antenna parameters, such as directivity, beamwidth, physical length, and the radiated power [2]. The spatial domain where the prediction is valid encompasses the antenna enclosing cylinder (defined as a cylinder centred on the antenna axis, extending as much as the antenna length in height), at distances greater than one wavelength (i.e., outside the reactive near field region of the individual array elements), along all azimuth directions within and outside the main beam, up to the far field.

Fig. 1. Reference frame and notations employed to describe the cylindrical model.

The most frequent application of the method is when exposure is assessed very close to the antenna, within its radiating near field region, where workers may be present for maintenance or other duties and in those cases where an exposure assessment is desired at buildings facing antennas. In those cases it is desirable to avoid large overestimations produced by simpler models that do not take into account the distributed nature of the radiator (but rather model the RF emission as stemming from a source point), while avoiding complex full-wave simulations or other type of modelling requiring in depth knowledge of the antenna structure and operation from an electromagnetic standpoint.

The method in [2] provides reliable predictions as long as scattered fields from objects surrounding the antenna are not significant and electrical beam down-tilt does not exceed 100. In practice, it is important that significant scatterers do not protrude inside the antenna enclosing cylinder, particularly in the main beam, and that pavement reflections do not become relevant.

4/13

MOTOROLA SOLUTIONS PUBLIC

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space

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introduced

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level

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elevation

wavenumber

height.

auxiliary

d simpler

is:

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the

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gain

enforce

ASSESSMENT

field expressions

parameters

resulting

and

pattern,

point

near-perfect,

distance

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which

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shape

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for

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by the

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for most

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the

large

compared

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occupational

City

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distance

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reported

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Winchester,

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L level

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with

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graph,

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type

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always

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exposure.

resulting

data

height

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SOLUTIONS

FCC

and

(in

7/13

graph

SC479-HL1

them. sheet:

meters)

least

the

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[ml

reports at

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the

EME

10,000

least

100

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compliance

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factors

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53,000

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for

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less

times

distance

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terms

1000

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the

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for considered

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for the City of Winchester, Virginia - EME ASSESSMENT

1000

100 2

—Peak S 10 S gp a) —Socc a) 00

0.1 0.01 0.1 10 Distance [m]

PTP Antennas

Because these two antennas have identical RE and antenna configurations, one assessment is made to cover both.

The following table reports the effective lengths, and the X, B factors used to shape the antenna elevation beam to match the beamwidth reported in the data sheet:

Antenna 85010089003 L .63m X .5 B .0005

The antenna emits at most 1.0 W. The following graph reports the exposure in terms of the average power density (in 2),W/m compared with the US FCC exposure limitfor the general public (Sep) or for occupational exposure 0(Scc), versus distance d (in meters) from the vertical antenna projection to ground, showing that the exposure level is always at least 82,000 times less than the FCC limitfor the general population [1]. Correspondingly, the exposure is at least 410,000 times below the FCC occupational limit[1].

8/13

MOTOROLASOLUTIONS PUBLIC

for

exposure

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general what

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type

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the

compliance

prediction

1000

100

distance

formula

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data

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and

(in

graph,

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meters)

type

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factors

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at sheet:

meters)

least

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0.00

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limit

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ASSESSMENT

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exposure

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than

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projection

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average

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gp for

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concerns

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levels

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at of

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Distance

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SOLUTIONS

Virginia

12/13 graph,

[mJ

[m] type the

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antennas,

PUBLIC

ASSESSMENT

the

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distance

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[3]

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[1]

References

for

Radiofrequency

pp.

Supplement

Radio

human

United

1997.

Cicchetti

Evaluating

275-290,

Base

States

exposure

and

Station

May

Compliance

Federal

(Edition

Emissions,”

2004.

Faraone,

Antennas,”

radiofrequency

City

Communication

01-01)

Winchester,

MOTOROLA

June

“Estimation

Mobile

IEEE

2001.

electromagnetic

and

FCC

Transactions

Commission,

Portable

SOLUTIONS

Virginia

OET

13/13 the

Bulletin

Peak Devices

fields,” EME

“Evaluating

Power

Electromagnetic

PUBLIC

ASSESSMENT

(Edition

with

OET

Density

FCC

compliance

Bulletin

97-01),

Limits

the

Compatibility,

“Additional

Vicinity

for

(Ed.

with

Human

97-01),

FCC

Cellular

Vol.

Information

Exposure

guidelines

August

46,

and

No.

for 2, _____

City of Winchester,Virginia

PROPOSED CITY COUNCIL AGENDA ITEM

CITY COUNCIL/COMMITTEE MEETING OF: August 22. 2013 CUT OFF DATE:

RESOLUTION X ORIMNANCE PUBLIC HEARING

ITEM TITLE: FY 2013 Staffing for Adequate Fire and Emergency Response Grant (SAFER) STAFF RECOMMENDATION: It is the recommendation of City staff that Council approves our request to apply for the 2013 SAFER grant. If funding is not received through this grant effort, we willinclude this request during the normal course of the budget process.

PUBLIC NOTICE AND HEARING:

ADVISORY BOARD RECOMMENDATION:

FUNDING DATA: The only general fund request would be for some associated pre employment hiring costs. Grantees must maintain operational staffing are the level that existed at the time of award as well as the SAFER-funded Staffing for the two-year SAFER Grant Period of Performance.

INSURANCE:

The initiating Department Director will place below, in sequence of transmittal, the names of each department that must initial their review in order for this item to be placed on the City Council agenda. The Director’s initials for approval or disapproval address only the readiness of the issue for Council consideration. This does not address the Director’s recommendation for approval or denial of the issue.

INITIALS FOR INITIALS FOR DEPARTMENT APPROVAL DISAPPROVAL DATE

1. Finance 2. 3.

5. City Attorney

6. City Manager 7. Clerk of Council

‘? I itiatin hartment Director’s Signature: ‘/9 Ieceft,c / Date °4U& 2220,3 APPROVEDASTOFORM:

for

during

OPTIONS:

RECOMMENDATIONS:

general

Staffing

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BUDGET

year reduced

allow firefighters.

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Manager

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used

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covered City

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City grant

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city

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to in CITY OF WINChESTER, VIRGINIA

PROPOSED CITY COUNCIL AGENDA ITEM

CITY COUNCIL MEETING OF: 8/27/13 (work session), CUT OFF DATE: 8/21/13

9/1- 0/13 (rcu1ar rntfr

RESOLUTION ORDINANCE PUBLIC HEARING X

ITEM TITLE: CU-13-361 Request of Shenandoah Mobile, LLC for a conditional use permit to construct a telecommunications tower at 2633 Paperniill Road (Map Number 291-01-7,) zoned Commercial Industrial(CM-i) District,

STAFF RECOMMENDATION: Approval with conditions

PUBLIC NOTICE AND HEARING: Public hearing for 9/10/13 Councilmeeting

ADVISORY BOARD RECOMMENDATION: Planning Commission recommended approval with conditions

FUNDING DATA: N/A

INSURANCE: N/A

INITIALS FOR INITIALS FOR DEPARTMENT APPROVAL DISAPPROVAL DATE

1. Zoning /2. 1/3 2. City Attorney

3. City Manager 4. Clerk of Council

Initiating Department Director’s Signature: -)- )13 (Planning) II

APPROVEDASTOFORM:

TTNEr 93 Staff Planning RECOMMENDATIONS: OPTIONS: No BUDGET construction contains information). A be property proposed THE The network BACKGROUND: equipment, RELATIONSHIP N/A To: Re: Date: From: request vacant - - - - funding request recommends ISSUE: Approve Approve Approve

Deny 1 to August zoned construct Will CU-13-361 Honorable owner an Commission equipment. IMPACT: was of increase is at existing

the CITY of is an Moore, required. the to received a Commercial with wishes with with active application 21, new TO construct Anderson a an Mayor 2013 telecommunications capacity revised nadditional an conditions 92’ Planner Request STRATEGIC additional tower recommended Two user. to tower

from COUNCIL keep and a panel should Industrial conditions This Roofing and the new of which as Members the condition Shenandoah applicant tower’s antennas provide condition 100’ recommended existing PLAN: be was and approval (CM-I) evaluated monopole tower continued of deemed Sheet 4G requiring to tower on requiring City construct services District. Mobile, 94 that with at Metal

Council ACTION by by for tower, 2633 structurally tower removal conditions presence Council. the possible removal LLC Works, to a Papermill Planning along the new will for of citizens (See be in of future tower insufficient Inc. a as the with conjunction conditional the removed noted Road Commission property. existing staff associated existing in use,

on MEMO order report within (Map Winchester. to although by 92’ use support with 92’ to the Number for the tower. antennas upgrade permit tower applicant. the additional staff it the will proposed The 291-01-7) to

report. I its initially and site The Council Work Session August 27, 2013

CU-13-361 Request of Shenandoah Mobile, LLCfor a conditional use permit to construct a telecommunications tower at 2633 Papermill Road (Map Number29l-O1-7) zoned Commercial Industrial (CM-i) District.

REQUESTDESCRIPTION The request is to construct a new 100’ monopole tower, along with associated antennas and equipment, at the Anderson Roofing and Sheet Metal Works, Inc. property.

AREADESCRIPTION The subject property, along with surrounding land to the north, east, and south, is zoned CM-i. The subject property contains a roofing and sheet metal business and an existing ±92’ wireless communications tower.

The property to the immediate north contains the local UAWhall. Further to the north is a vacant commercial parcel. The property to the immediate south includes an equipment rental business and auto service uses. Further to the south are a beverage distributor and mobile home park. Land to the east on the opposite side ofS Pleasant Valley Rd is vacant, but subject to an approved site plan. Land to the northeast on both sides of S Pleasant Valley Rd has been subject to recent development, including the sites of Panera and TGlFriday’s. The CSXrailroad runs along the rear of the property, with the EIP-zoned Frederick Douglass Elementary property to the west of the railroad.

STAFFCOMMENTS The site contains an existing ±92’ tower that was originally constructed and used for two-way radio operations. A conditional use permit was granted in 2004 for Shentel to collocate two cellular antennas on the existing tower. A structural analysis of the tower at this time indicated it would be able to support the two antennas subject to replacement of the guy wires.

The applicant outlines Shentel’s desire to upgrade its network to increase capacity and provide 4G services to the citizens on Winchester in his letter dated July 2, 2013. A structural analysis was performed and determined that the existing tower cannot support the array of equipment that is proposed in the application and necessary to accomplish the desired coverage. While the analysis did not specifically address the suitability of the tower’s continued use in its current condition, it did note that “(t)his tower is so light weight such that the mapping crew refused to climb the tower.”

The applicant also discusses other possibilities that were considered for site location or collocation, including a request made to collocate on the water tank at the Federal Mogul site further to the north. That request was denied due to the closing of operations and listing of the property for sale, as was a similar request made in 2004 prior to collocating on the current tower at 2633 Papermill Rd.

95 The new tower is proposed at 100’ in height, the maximum allowable for consideration in the CM-i District. It isa self-supporting, monopole design, which is generally considered less objectionable to viewsheds than lattice structures or those requiring guy wires for support. An external-mounted equipment array including six (6)antennas is proposed at the top of the tower. Photo simulations have been provided from several surrounding properties to assist in evaluating the impact on viewsheds. The tower and equipment compound are proposed to be located to the far rear of the site, adjacent to the railroad ROW. An associated site plan has been submitted for the improvements.

The proposal includes removal of Shentel’s antennas and cabling from the existing tower on the site, however the tower itself is not proposed for removal. This is consistent with the conditions in the 2004 conditional use permit for collocation on this tower. However, there is no other current user of this tower and its continued presence in conjunction with the proposed construction of a new tower should be evaluated by the Planning Commission and City Council. A future collocation on this tower could be considered through the CUPprocess, however it would, at least initially, be vacant of an active user and its suitability for future use would need to be determined.

RECOMMENDATION For a conditional use permit to be approved, a finding must be made that the proposal as submitted or modified will not adversely affect the health, safety or welfare of persons residing or working in the neighborhood nor be detrimental to public welfare or injurious to property or improvements in the neighborhood.

At its August 20, 2013 meeting, the Planning Commission forwarded CU-13-361 to Council recommending approval because the use, as proposed, should not adversely affect the health, safety, or welfare of residents and workers in the neighborhood nor be injurious to adjacent properties or improvements in the neighborhood. The recommendation is subject to the following conditions:

1. Staff approval of the related site plan; 2. Submission an as-built emissions certification after the facility is in operation; 3. The applicant, tower owner, or property owner shall remove equipment within ninety (90) days once the equipment is no longer in active use; and, 4. Submission of a bond guaranteeing removal of facilities should the use cease.

Staff suggested that if favorable consideration was given to construction of the new proposed tower, an additional condition requiring removal of the existing ±92’ tower should be considered. The Commission deliberated on this matter, but did not include the condition in its recommendation.

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335—0030

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and to Mr. Aaron Grisdale, Director Zoning and Inspections Jul 2, 2013 Page 2

made regarding a parcel at 2509 Papermill Road that was for sale and with Dixie Distributing located on South Pleasant Valley Road. After evaluations of the locations of the parcels, lack of interest of the property owner and our RF teams review of the various locations, it was determined that the proposed site best meets the needs of Shentel and it is felt to be the best fit and have the least effect on the surrounding properties.

A photo simulation packet depicting a ‘simulation” of how the proposed tower with antenna will look in the location have been included in the package submitted with the Conditional Use Application.

I have been working closely with our consultant, BL Companies, for the historical review process to determine if this site has any effect on historical structures or properties in the ar. As of the date of this letter, the final report has not been received but is expected any day. I will submit the final report as soon as received. Shentel has also submitted the application to the FAA to determine any height issues, but on our initial review, no issues are expected

The electromagnetic fields for this Site will not exceed the radio frequency emission standards established by the American National Standards Institute or standards issued by the Federal Government, and willnot adversely affect the health, safety, or welfare of persons residing or working in the neighborhood of the proposed Site. We feel that keeping this Site in operation and actually improving the coverage/capacity in this area willbe a benefit to the citizens of Winchester and is in line with the goals of the Comprehensive Plan.

Please contact me at (540)335-0030 should you have any questions

Sincerely yours, .2 i

Site Acquisition and Project Development Contractor for Shentel Attachments as

99 O 13 42

PROPOSED CITY COUNCIL AGENDA ITEM

CITY COUNCIL MEETING OF: 8/27/13 (work session). CUT OFF DATE: 8/21/13 9/10/13 (1t Reading) 10/8/13 (2 Readine/Puhlic Hearino

RESOLUTION ORDINANCE X PUBLIC HEARING X

ITEM TITLE: TA-13-146 AN ORDINANCE TO AMEND AND RE-ENACT ARTICLES 1, 8,9, 10, AND 13 OF TI-IE WINCI-IESTER ZONING ORDINANCE PERTAINING TO RESTAURANTS AND ENTERTAINMENT ESTABLISHMENTS STAFF RECOMMENDATION: Approval.

PUBLIC NOTICE AND HEARING: Public hearing for 10/8/13 Council mtg

ADVISORY BOARD RECOMMENDATION: Planning Commission forwarded without recommendation

FUNDING DATA: N/A

INSURANCE: N/A

The initiating Department Director will place below, in sequence of’transmittal, the names of each department that must initial their review in order for this item to be placed on the City Council agenda.

INITIALS FOR INITIALS FOR DEPARTM ENT APIROVAL DISAPPROVAL DAT1

1. Planning 2. City Attorney ‘, t_) 3. City Manager 252Q 4. Clerk of Council

)artment Director’s Signature: 8/21/3

100 f.tFrom: No BUDGET This City have noise entertainment The restaurant called restaurant As Council Dance response THE Goal BACKGROUND: To: RELATIONSHIP Progress restaurants Publicly Date: Re: funding noted and proposed proposal #3 ISSUE: their control for Hall Continue which sponsored State (2013-2014)

IMPACT: f Text August Aaron in Honorable to creation enforcement s.However, use. and and is the and City is required. will departments Amendment ordinance called use, allowing TO already Nightclub City Grisdale, Revitalization entertainment Council’s 21, not of STRATEGIC text CITY then Strategic — Mayor 2013 for a affect Night “Vibrant codified amendment authority for revisiting the will Director for and desire Club (TA-13-146) and and background the Entertainment create uses of Plan, the COUNCIL PLAN: establishments. Historic current Ordinance agencies Members Downtown” in to of creation Nightclub of where Chapter this modify a their to Zoning distinction ordinance Old clarify — enforcement music that a Entertainment provision of of Town, business the 17 Establishment and regulations and City a have the of or existing new Inspections City between “Growing Goal entertainment Council is Zoning 101 oversight ACTION of a or use Code, powers result #4 the restaurant regulations, and Entertainment Create Establishments Ordinance code. a classification Economy.” and restaurant of as of currently the part a the their (Full that More evolves Downtown Winchester by of n make and staff is laws MEMO the Livable This eliminating that available clearly Establishment. will from report and Strategic text is apply. City continuously Strategic subordinate ordinances. a a amendment Police to distinction attached.) restaurant for the ahof each Plan, All, will definitions Plan Management which continue For to the operated between use adopted serves the

instance, I various has to of an as to in as by a a

vote.

RECOMMENDATIONS:

Planning OPTIONS: - -

Approve Approve

Deny

Commission

the

with

application

conditions

revised

and

recommend

conditions

recommended

approval

by with

102

the

conditions

Planning

Commission

noted

within

the

staff

report

a 4-2 City Council Work Session August 27, 2013

TA-13-146 AN ORDINANCETO AMEND AND RE-ENACTARTICLES1, 8, 9, 10, AND 13 OF THE WINCHESTERZONING ORDINANCEPERTAININGTO RESTAURANTSAND ENTERTAINMENT ESTABLISHMENTS

REQUESTDESCRIPTION This publicly sponsored text amendment is to clarify the Zoning Ordinance and make a distinction between restaurants and entertainment establishments.

STAFFCOMMENTS Currently, the Zoning Ordinance allows for restaurants that evolve into establishments where some form of entertainment, live or otherwise, takes place after 10:00 p.m. by allowing for a conditional use permit within certain zoning districts in the form of Nightclubs.

City Council, as part of their Downtown Strategic Plan, has called for revisiting the Nightclub regulations and as part of the Strategic Plan has called for creation of a “Vibrant Downtown” and “Growing Economy.” This text amendment serves as a response to City Council’s desire to modify the existing regulations, by eliminating the definitions of Dance Hall and Nightclub and the creation of a new use Entertainment Establishment.

These proposed changes will create a distinction between a restaurant that is continuously used as a restaurant, and allowing for background music or entertainment that is clearly subordinate to the restaurant use. However, for uses where a business or restaurant evolves at some point of their operations away from food service to an entertainment use, then the Entertainment Establishment classification will apply.

In the several commercial districts where restaurants and nightclubs are currently permitted (B-i, B-2, CM-i, PC), Entertainment Establishments will be permitted by-right as long as the building containing the use and its parking facilities are located at least 200-feet from a residentially zoned parcel. If the business or parking lot are located within the 200-feet buffer, then the establishment will be required to seek a conditional use permit through the City Council with a recommendation from the Planning Commission.

The proposed text amendment also establishes several minimum standards that all Entertainment Establishments must adhere to, regardless if the business is permitted by-right or with a conditional use permit.

This proposal will not change the requirement for a business to comply with other existing local and state departments and agencies, such as alcohol compliance issues with Virginia Alcohol Beverage Control (ABC),collection and payment of taxes with the Commissioner of Revenue and Treasurer’s offices, and criminal issues with the Winchester Police Department. Each department and agency still maintains their existing enforcement mechanisms should the establishment violate their requirements and laws.

103

recommendation

RECOMMENDATION

During

their

August

and

20,

adoption

2013

meeting,

this

text

the

amendment. Planning

104

Commission

forwarded

the

amendment without RESOLUTIONADOPTING AN ORDINANCETO AMEND AND RE-ENACTARTICLES1, 8, 9, 10, AND 13 OF THE WINCHESTERZONING ORDINANCEPERTAININGTO RESTAURANTSAND ENTERTAINMENT ESTABLISHMENTS

TA-13-146

WHEREAS,the Code of Virginia provides that one of the purposes of Zoning Ordinances is to facilitate the creation of a convenient, attractive and harmonious community; and,

WHEREAS,in the Winchester Strategic Plan, a vibrant downtown and growing economy were called out as part of the long term vision for the City of Winchester; and,

WHEREAS;the Zoning Ordinance currently provides for restaurants, nightclubs, and dance halls; and,

WHEREAS,the proposed Zoning Ordinance amendment will modify the use classifications of restaurant and create a new classification of “Entertainment Establishment”; and,

NOW, THEREFORE,BE IT RESOLVEDthat the Winchester Common Council hereby adopts the following text amendment as it represents good planning practices by providing an opportunity for a vibrant downtown as well as allowing for reasonable review of entertainment uses in close proximity to residential zones:

105

1-2-79.1

1-2-79

1 SECTION

are

repealed change.

Ed.

Note:

68.1 proposed

28.1

ORDINANCE

od with Words

simply

1-2.

ORDINANCE

The

for

following

DEFINITIONS.

defined

shall

involving

hour

ESTABLISHMENT,

facilities;

permitted.

incidental

licensure grocery

music

consumption

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includes, dispensed

035

RESTAURANT:

dancing

NIGHT Repealed.

provides

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due

enactment.

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HALL:

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and

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Repealed.

fact

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Any

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provided

ENTERTAINMENT:

the

limitation;

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building

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pursuant the

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omitted

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principal of

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for

ARTICLES

lunchrooms,

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DEFINITIONS

after

snack

consumption

athletic

4 TA-13-146

pubs,

stores;

ARTICLE

restaurant’s

from

language

for

which

—July

for

to off

,JL

p.m.

alleys, 11:00

106

Code orovicies

repeal.

the

admission

bars for

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Article

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this

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and

venue

(9/12/89,

16,

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activities,

excludes:

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during

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stadiums,

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that

2013

cafeterias,

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fountains,

ENTERTAINMENT

Virginia

Words

as 1

primary

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with

regular and

businesses

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Case

charge

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not

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(11/13/01,

AND

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text. Zoning

function

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and

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basis

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THE

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WINCHESTER

business’

Karaoke,

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cafes,

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No.

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term 01

and

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These

admission

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06,

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and

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restaurant

Dis, is

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typically

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venues

state 89)

facilities;

and

ZONING

one and/:

No.

fcc,

foods

of be

for to

SECTION

10-1-43

SECTION

9-2-8

9-1-45

SECTION

8-2-4

SECTION

8-1-52

SECTION

10-1.

9-2.

9-i.

8-2.

8-1.

USES

USE

USES

USE

street

property,

Entertainment

such

from establishment

street

Nightclubs

property,

Entertainment

such

establishment

from

Nightclubs

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property,

Entertainment

REGULATIONS.

REQUIRING

establishments

parking

residentially

and

measured

COMMERCIAL

area

or area

Establishments,

area

dance

Establishments,

dance

Establishments,

HIGHWAY

the

CONDITIONAL

the

CONDITIONAL

CENTRAL

zoned

where

off-street

the halls.

off-street

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the

from

the

from

residential

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property, COMMERCIAL

Entertainment

the

Entertainment

the

INDUSTRIAL

BUSINESS

the

ARTICLE

located

ARTICLE

parking

entertainment

located

parking

entertainment

structure

located

USE

structure

USE structure

107

PERMIT

zone

PERMIT

zone

DISTRICT

tleast at

measured

area

measured

area

DISTRICT

containing

DISTRICT

property

least

containing

Establishments,

least

property containing

Establishments,

property

will

the

200

will

200 the 200

B-i

from from

residential feet

line.

residential

CM-i feet

line.

feet

line.

B-2

the

conducted

the

from

the

from

establishment

located

structure

located

structure

zone

residentially

outdoors.

less

property

containing

than

or than

the

zoned

200

zoned

200

zoned

line,

off

off-

the

feet the

feet

and and SECTION10-2. USES REQUIRINGA CONDITIONALUSE PERMIT.

10-2-3 Nightclubs and dance halls. Entertainment Establishments, located less than 200 feet from a residentially zoned property, as measured from the structure containing the establishment or the off-street parking area to the residential zone property line, and such establishments where the entertainment will be conducted outdoors.

ARTICLE13

PLANNEDDEVELOPMENT

SECTION13-2. PLANNEDCOMMERCIALDISTRICT— PC

13-2-3.16 Entertainment Establishments, located at least 200 feet from a residentially zoned property, as measured from the structure containing the establishment or the off- street parking area to the residential zone property line.

SECTION13-2-4 USES PERMITTEDWITH A CONDITIONALUSE PERMIT.

13-2-4.5 Nightclubs and dance halls. Entertainment Establishments, located less than 200 feet from a residentially zoned property, as measured from the structure containing the establishment or the off-street parking area to the residential zone property line, and such establishments where the entertainment will be conducted outdoors.

ARTICLE18

GENERALPROVISIONS

Section 18-24 Entertainment Establishments

All entertainment establishments must meet the following minimum standards. Failure to maintain compliance shall result in the operation being declared in violation of the Zoning Ordinance. If an establishment desires to deviate from any of these standards, a conditional use permit shall be required.

18-24-1 General Standards

18-24-1.1 All exterior doors and windows must remain closed during operating hours.

18-24-1.2 No more than three criminal police calls, as determined by the Chief of Police, may be attributable to the establishment within a thirty day continuous period; after which private security shall be required in a manner approved by the Chief of Police.

108

18-24-1.4

18-24-1.3

The

regulations

a.m.

Hours

11:00

business

the

following

p.m.

operation

per

shall

and

Chapter

Fridays

comply

day.

Sundays

and

with

Winchester

Saturdays

with through

109

applicable

Thursdays

shall

City

not

Code,

noise

occur

shall

and

amended.

outside

not

maximum

occur

outside

8:00

sound

a.m.

level

until

8:00

2:00 a.m. I CITY OF WINCHESTER, VIRGINIA PROPOSED CITY COUNCIL AGENDA ITEM

CITY COUNCIL MEETING OF: 8/27/13 (work session), CUTfld OFF DATE: 8/21/13 9/10/13 (1St Readinc 10/2/13 (2 readin

RESOLUTION ORDINANCE PUBLIC HEARING X

ITEM TITLE: RZ-13-380 AN ORDINANCE TO REZONE APPROXIMATELY 41.5 ACRES OF LAND CONTAINING APPROXIMATELY 86 PARCELS, EITHER IN FULL OR IN PART, TO BE INCLUDED IN THE CORRIDOR ENHANCEMENT (CE) DISTRICT; SUBJECT PARCELS ARE ADJACENT TO, OR WITHIN 400 FEET OF, THE BERRYVILLE AVENUE RIGHT-OF-WAY STAFF RECOMMENDATION: Approval

PUBLIC NOTICE AND HEARING: Public hearing for 10/8/13 Council mtg

ADVISORY BOARD RECOMMENDATION: Planning Commission recommended approval.

FUNDING DATA: N/A

INSURANCE: N/A

INITIALS FOR INITIALS FOR DEPARTMENT APPROVAL DISAPPROVAL DATE 1. Zoning /z f 2. City Attorney - 3. City Manager (2- 4. Clerk of Council

Initiating Department Director’s Signature: fr.i) 3 (Planning)

110 the Planning RECOMMENDATIONS: OPTIONS: This access heritage This BUDGET See Goal THE BACKGROUND: City RELATIONSHIP To: Enhancement From: Re: Date: > general Gateway attached CE is ISSUE: 4: Approve Deny; a corridors

Create 1 AVENUE August21, Tim CONTAINING tourism-based overlay PARCELS BE RZ-13-380 Mayor city-initiated Commission IMPACT: welfare CITY INCLUDED Youmans, leave staff Beautification District a and rezoning zoning leading more TO RIGHT-OF-WAY report Berryville ARE of Members 2013 AN STRATEGIC rezoning that the unanimously liveable APPROXIMATELY economic will Planning ORDINANCE IN COUNCIL ADJACENT as into community was THE rmt the promote recommended as Ave the of to created city a CORRIDOR City local Director High establish without development PLAN: for recommended Council TO, by and TO Priority all by aesthetic attracting gateway OR City REZONE national the by 86 ENHANCEMENT 111 WITHIN Planning Policy PARCELS, boundaries Council ACTION character euiiaincalled beautification visitors approval. Historic APPROXIMATELY Agenda 400 in Commission 2005. and EITHER of FEET Winchester and the cinfor Action generating C)DISTRICT; (CE) functionality Berryville OF, IN MEMO THE FULL for District. 2013-2014 41.5 business in Avenue BERRYVILLE OR Strategic of ACRES major It IN SUBJECT will PART, Corridor through promote OF tourist

Plan I LAND TO Council Work session August 27, 2013

RZ-13-380 AN ORDINANCETO REZONEAPPROXIMATELY41.5 ACRESOF LANDCONTAINING APPROXIMATELY86 PARCELS,EITHERIN FULLOR IN PART,TO BEINCLUDEDINTHE CORRIDOR ENHANCEMENT(CE) DISTRICT;SUBJECTPARCELSAREADJACENTTO, OR WITHIN400 FEETOF, THE BERRYVILLEAVENUERIGHT-OF-WAY.

REQUESTDESCRIPTION This publicly sponsored rezoning request is to apply the Corridor Enhancement (CE) District to approximately 41.5 acres (part or all of 86 parcels) comprising land along Berryville Avenue, a key tourist entry route connecting to Exit 315 of Interstate 81 and designated as Virginia State Route 7 Corridor. The standards and guidelines for the Berryville Avenue CEOverlay District were unanimously approved by Council on April 12, 2005, and are intended to protect and promote major tourist access routes in the City.

AREADESCRIPTION The area of this rezoning begins on the east at the intersection of 1-81 and Berryville Avenue and continues westward along both sides of Berryville Avenue to N. Pleasant Valley Road...

The underlying zoning of the affected area is a mix of Highway Commercial, B-2 and Medium Density Residential, MR District. Most of the north side of the corridor east of Dunlap Street and all of the south side of the corridor east of Elm Street is in commercial use. The corridor includes commercial uses along both sides of the corridor at the west end between Pleasant Valley Road and the intersection of Virginia Avenue. The remaining land, mostly along the south side, is zoned MR and is mostly in single-family residential use.

The following table lists the parcels that are to be rezoned and the approximate affected acreage: Number Range Street Tax Map ID Affected Current Proposed Acreage Zoning Zoning 370 Battle Ave 175-05- -16 0.353 B-2 B-2(CE) 617 National Ave 195-01-A-lA 0.148 MR MR(CE) 250 N. Pleasant Valley Rd 195-01-A-lB 0.021 MR MR(CE) 300 N. Pleasant Valley Rd 175-05- -4 0.330 8-2 B-2(CE) 301 -317 N. Pleasant Valley Rd 175-05- -2-3 0.326 8-2 B-2(CE) 340 N. Pleasant Valley Rd 175-05- -A 3.362 B-2 B-2(CE) 702 Virginia Ave 175-04- -9-10 0.519 MR MR(CE) 603 Woodland Ave 175-02-R-124 0.189 8-2 B-2(CE) 615 Woodland Ave 175-02-R-125 0.170 8-2 B-2(CE) 601 Berryville Ave 195-07-S-133C 0.374 8-2 8-2(CE) 62S Berryville Ave 195-07-5-1330 0.116 B-2 B-2(cE 645 Berryville Ave 175-02-R-123B 0.207 8-2 B-2(CE) 649 Berryville Ave 175-02-R-123A 0.172 B-2 B-2(CE) 671 Berryville Ave 175-02-A-2 0.176 8-2 B-2(CE> 675 Berryville Ave 175-02-A-3 0.180 MR MR(CE) 678 Berryville Ave 175-04- -8>A 0.400 MR MR(CE) 679 Berryville Ave 175-02-A-4 0.156 MR MR(CE) 680 Berryville Ave 175-04--7A 0.158 MR MR(CE> 682 Berryville Ave 175-04- -6 0.130 MR MR(CE) 683 Berryville Ave 175-02-A-S 0.160 MR MR(CE) 684 Berryville Ave 175-04--S 0.160 MR MR(CE) 687 Berryville Ave 175-02-A-6 0.184 MR MR(CE) 691 Berryville Ave t175-02-A-7 0.189 MR MR(CE)

112 695 Berryville Ave 175-02-A-8-9 0.313 MR MR(CL) 702 Berryville Ave 175-01- -3 0.183 MR MR(CE) 703 BerrviIte Ave 175-02-8-10 0.201 MR MR(CE 707 BerryviHe Ave 175-02-B-il 0.207 MR MR(CE) 710 Berryville Ave 175-01- -2 0.482 B-2 B-2(C8) 711 BerryviHeAve 175-02-8-12 0.212 MR MR(CE) 712 Berryville Ave 175-01- -18 0.230 8-2 B-2(CE) 715 Berryvifle Ave 175-02-8-13 0.200 MR MR(CE) 719 Berryville Ave 175-02-8-14 0.182 MR MR(CE) 723 Berryville Ave 175-02-8-15 0.221 MR MR(CE) 726 -744 berryville Ave 175-01- -1A 1.693 8-2 8-2(CE) 727 Berryville Ave 175-02-8-16 0.262 MR MR(CE) 731 Berryville Ave 175-02-8-17 0.174 MR MR(CE) 735 Berryville Ave 175-02-8-18 0.218 MR MR(CE) 739 Berryville Ave 175-02-6-19 0.224 MR MR(CE) 743 Berryville Ave 175-02-8-20 0.206 MR MR(CE) 747 Berryville Ave 175-02-8-21 0.225 MR MR(CE) 748 Berryville Ave 175-01- -1C 0.344 B-2 B-2(CE) 800 Berryville Ave 176-07- -1A 0.720 6-2 B-2(CE) 802 -822 Rerryville Ave 176-07- -10 (partal) 0.262 8-2 8-2(CE) 803 Berryville Ave 175-02-C-22 0225 MR MR(CE) 807 Berryville Ave 175-02-C-23 0.225 MR MR(CE) 811 Berryville Ave 175-02-C-24 0.223 MR MR(CE) 815 Berryville Ave 176-04-C-25 0.223 MR MR(CE) 819 Berryville Ave 176-04-C-26 0.222 MR MR(CE) 823 Berryville Ave 176-04-C-27 0.222 MR MR(CE) 826 Berryville Ave 176-07- -18 0.404 8-2 B-2(CE( 827 Berryville Ave 176-04-C-28 0.223 MR MR(CE) 828 Berryville Ave 176-07- -1C 0.669 B-2 B-2(CE) 831 Berryville Ave 176-04-C-29 0.221 MR MR(C6) 835 Berryville Ave 176-04-C-30 0.220 MR MR(CE) 836 906 Berryville Ave 176-06- -8 1.730 8-2 B-2(CE) 839 Berryville Ave 176-04-C-31 0.109 MR MR(CE) 903 Berryville Ave 176-04-0-32 0.220 MR MR(CE) 907 Berryville Ave 176-04-0-33 0.217 MR MR(C6) 911 Berryville Ave 176-04-0-34 0.214 MR MR(CE) 914 Berryville Ave 176-07- -2C 0.651 B-2 B-2(CE) 915 Berryville Ave 176-04-0-35 0.211 MR MR(CE( 919 Berryville Ave 176-04-0-36 0.208 MR MR(CE) 923 Berryville Ave 176-04-0-37 0.205 MR MR(C6) 927 Berryville Ave 176-04-D-38 0.200 MR MR(CE) 928 Berryville Ave 176-07- -3 1.195 8-2 B-2(CE) 929 Berryville Ave 176-04-0-39 0.195 MR MR(C6) 943 Berryville Ave 176-04-0- 41>A 0542 8-2 B-2(CE) 1000 Berryville Ave 176-03- -1 0.502 8-2 B-2(CE) 1003 Berryville Ave 176-04-E-43 0.837 8-2 B-2(CE) 1010 Berryville Ave 176-03- -2 0729 8-2 B-2(C8) 1019 Berryville Ave 176-04-E-47 0.230 8-2 B-2(CE) 1041 Berryville Ave 196-08-E-3 0.159 8-2 B-2(CE) 1042 Berryville Ave 176-03- -6>A 0.967 8-2 8-2(CE) 1100 Berryville Ave 176-03- -17-18 0.364 8-2 B-2(CE) 1107 Berryville Ave 196-08-8-2 0.768 8-2 B-2(CE) 1109 -1139 Berryville Ave 196-08-E-A 2.173 B-2 B-2(CE) 1110 Berryville Ave 176-03- -19 0.191 6-2 B-2(CE) 1124 Berryville Ave 176-03- -20>A 0.970 8-2 B-2(CE) 1141 Berryville Ave 196-08-8-B 5.225 8-2 B-2(CE) 1200 -1202 Berryville Ave 177-02- -11 0.370 8-2 B-2)CE) 1208 Berryville Ave 177-02- -13 0.927 6-2 B-2(CE) 1217 Berryville Ave 196-08-8-47 0.510 8-2 B-2(CE) 1327 Berryville Ave 196-11- -1 (partial) 0.047 8-2 B-2(CE) 1333 Berryville Ave 196-11- -4 0.588 B-2 B-2)CE) 1351 Berryville Ave 197-02- -78 (partial) 0.662 8-2 B-2(CE) 1365 Berryville Ave 197-02- -7A 1.338 6-2 B-2(CE)

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is of the and planning At recommending RECOMMENDATION business unrelated its designated promotes August owners practice. concerns 20, the local approval 2013 spoke aesthetic about (HW) meeting, at because the crime and character public National the in the the Commission hearing. request and area Historic functionality and is Winchester consistent speed forwarded 115 of of traffic a with major District, Rezoning the on tourist Berryville Comprehensive and RZ-13-380 as access such, Ave. corridor to represents No City Plan Berryville Council and leading good protects Ave into AN ORDINANCETO REZONEAPPROXIMATELY41.5 ACRESOF LANDCONTAININGAPPROXIMATELY86 PARCELS,EITHERIN FULLOR IN PART,TO BEINCLUDEDINTHE CORRIDORENHANCEMENT(CE) DISTRICT;SUBJECTPARCELSAREADJACENTTO, OR WITHIN400 FEETOF, THE BERRYVILLEAVENUE RIGHT-OF-WAY.RZ-13-380

WHEREAS,the Planning Commission resolved at its July 16, 2013 meeting to initiate the rezoning of this land as a publicly sponsored rezoning; and,

WHEREAS, it is in the interest of the City to protect and promote the aesthetic character and functionality of major tourist access corridors leading into the local and national Historic districts; and,

WHEREAS, it is in the interest of the City to promote the general welfare of the community by attracting visitors and generating business through heritage tourism-based economic development and enhance the overall appearance of the City’s corridors, while improving access along the corridors through increased walkability and interconnectivity; and,

WHEREAS,the Planning Commission has studied the existing physical development, land use, zoning, topography, and view sheds of the Berryville Avenue Corridor from Pleasant Valley Road to the Eastern City Limits and has identified properties along the Berryville Avenue Corridor from Pleasant Valley Road to the Eastern City Limits that are suitable for inclusion in the Corridor Enhancement District; and,

WHEREAS,the City held a Public Information Meeting on July 15, 2013, pertaining to the proposed Berryville Avenue CE District.

WHEREAS,the Planning Commission forwarded the request to Council on August 20, 2013 recommending approval of the rezoning as depicted on an exhibit entitled “Proposed Berryvilie Ave CE District, Draft 2 - 7/16/13” because the request is generally consistent with the Comprehensive Plan which calls for guiding the physical form of development along key tourist entry corridors leading into the City’s core historic district by utilizing a combination of standards and guidelines; and,

WHEREAS,a synopsis of this Ordinance has been duly advertised and a Public Hearing has been conducted by the Common Council of the City of Winchester, Virginia, all as required by the Code of Virginia, 1950, as amended, and the said Council has determined that the rezoning associated with these properties herein designated is consistent with the Comprehensive Plan.

NOW, THEREFORE,BE IT ORDAINED by the Common Council of the City of Winchester, Virginia that the following land is hereby rezoned to establish Corridor Enhancement (CE)District:

APPROXIMATELY41.5 ACRESOF LANDCONTAININGAPPROXIMATELY86 PARCELS,EITHERIN FULLOR IN PART,SUBJECTPARCELSBEINGADJACENTTO, OR WITHIN 400 FEETOF, THE BERRYVILLEAVENUERIGHT OF-WAYas depicted on an exhibit entitled “Proposed Berryville Ave CEDistrict, Draft 2 - 7/16/13”

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HR 128

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TO OFWCIIESTER,ViRGiNI: ON: OF: Signature:______review AMEND approval. will ORDINANCE (Revision 9/10/13 8/20/13 PERTAINING place in CITY AND order INITIALS below, to (first (work APPROVAL REENACT 129 COUNCIL temporary for reading) this session), in TO sequence SIGNS, item FOR sign AR’IiCLES PUBLIC AGENDA 10/8/13 to provisions VIOLATION be of I)ISAPPROVAL INITIALS placed CUT transmittal, (second HEARING 18, ITEM and OFF 21, on permit reading/public 23, the ANI) FOR DATE: the ANI) City PENALTY, requiremnellts,J names X Council 14.2 8/14/13 DATE of OF hearing) each TIlE FEES, agenda. , RECOMMENDATIONS: OPTIONS: Planning with from to No BUDGET Staff Chamber of conversations, June In Shenandoah public the Council well This BACKGROUND: The RELATIONSHIP THE language Re: To: Date: From: the the its - - funding City. the as proposed the text believes members, ISSUE: 11, first concerns Adopt Decline hearing, the considered

Council’s 1 August Aaron 0-2013-14, local Honorable Commission 2013. amendment of IMPACT: pertaining week is policy

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bring ACTION comments before proposed #4 attached). will work penalties. Amendment local updated of of modify the draft “Create Commerce, session, Council entities City’s — of As text to Temporary proposed the for the a staff. a amendment Zoning result balances and the existing and More zoning Museum

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TA-13-138 AN ORDINANCETO AMEND AND REENACTARTICLES18, 21, 23, AND 14.2 OF THE WINCHESTER ZONINGORDINANCEPERTAININGTO SIGNS, VIOLATIONAND PENALTY,FEES, AND CORRIDORENHANCEMENT.

REQUESTDESCRIPTION This publicly sponsored text amendment is to serve as a refinement of the existing temporary sign ordinances, and provide clearer standards pertaining to size, number, and duration of display for such temporary signs. Additionally, the amendment will provide for a temporary sign permit requirements for some commercial signage as well as shorten the appeal period for sign violations.

STAFFCOMMENTS Presently, the Zoning Ordinance is vague when setting standards for temporary signs throughout the City. Many classifications of signs do not have a maximum size, limit for the number or time duration limitation. This proposed amendment seeks to provide clearer standards for temporary signs, while still allowing flexibility for individuals, groups, and businesses to conduct outside advertising on site.

The major changes include: - Establishing maximum size, setback requirements, duration limitations, height and allowable number of sign standards for several classifications of signs. - Creating and modifying definitions of several types of signs to make the Zoning Ordinance easier to interpret for citizens and business owners. - Creation of a requirement for a temporary sign permit for several classifications of temporary commercial signs. - Shortening the appeal period for temporary sign violations from 30 days to 10 days. - Clarify standards for electronic message board signs, specifically as to the frequency of message changes.

As the Zoning Ordinance is currently constituted, enforcement of temporary signs is time and labor intensive. Absent a temporary sign permit requirement, there is no staff check or review on proposed temporary signage or trigger to initiate conversations between a business owner and staff to discuss regulations. When staff does identify a sign violation, the current appeal period of thirty (30) days results in a significant lag between notice of violation and resolution; with a shortened appeal period of ten (10) days, staff can more quickly initiate other enforcement measures such as civil penalties or court action, if needed. The changes proposed within the amendment will allow for expedited enforcement of such violations.

As part of City Council’s Strategic Plan, the “Vision 2028” includes the establishment of Winchester as “a Beautiful, Historic City and a Hometown for Families.” Having clear sign standards is important for the creation of a beautiful City, by creating harmonious neighborhoods and proportional sign standards. Furthermore, the Winchester Comprehensive Plan calls for Winchester to be a “Community of Choice” and reducing sign clutter and improving the overall appearance of the community can contribute towards that goal.

131

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